06-08-04 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday. Tune 8. 2004 and the right to limit discussion rests with the Commission. Generally, remarks
by an Individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers section.
Delray Beach City Han
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further. unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
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 meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. May 18, 2004 - Regular Minutes
6. PROCLAMATIONS:
A. Recognizing the Tzofim Friendship Caravan Tavor
7. PRESENTATIONS:
A. Hamlet Country Club support of Delray Police and Fire-Rescue Departments
B. Legislative Session Update - Senator Ron Klein
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDIVISION PLAT APPROVAL/PTB L.L.C. PLAT: Approve the
subdivision plat for PJB L.L.c., a two (2) lot single family minor subdivision, located
at the northeast comer of Martin Luther King, Jr. Drive (N.W. 2nd Street) and N.W.
5'" Avenue and associated waiver to the alley improvement obligation (LDR Section
6.1.2(A)(2)(a)) for one-half the cost of the alleyway.
B. RESOLUTION NO. 43-04/MORSE KIA AUTOMOTIVE: Approve
Resolution No. 43-04 abandoning a twenty-six (26) foot strip of right-of-way, located
adjacent to Dixie Highway and just north of Fladell Way, reserving an easement for
utilities.
C. ACCEPTANCE OF A RIGHT-OF-WAY DEED/MORSE KIA
AUTOMOTIVE: Approve and accept a right-of-way deed with Morse Operations,
Inc. for a portion of land adjacent to Dixie Highway and just north of Fladell Way in
order to provide a uniform right-of-way on Fladell Way.
D. RESOLUTION NO. 44-04: Approve Resolution No. 44-04 assessing costs for
action necessary to remove junked and/or abandoned vehicles from eight (8)
properties throughout the City.
E. RESOLUTION NO. 45-04: Approve Resolution No. 45-04 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located
at 709 S.W. 2nd Terrace.
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F. RESOLUTION NO. 46-04: Approve Resolution No. 46-04 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout
the City.
G. ACCEPTANCE OF A RIGHT-OF-WAY DEED/PARADISE SALON
STUDIOS: Approve and accept a right-of-way deed with Paradise Salon Studios,
located at 140 N.E. 2nd Avenue.
H. ACCEPTANCE OF A RIGHT-OF-WAY DEED/EAST SIDE LOFTS:
Approve and accept a right-of-way deed and landscape maintenance agreement
associated with East Side Lofts (fka Antique Country Pine), located at 2050-2100
North Federal Highway.
1. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT /
THE MERIDIAN: Authorize the City to act as the utility permit applicant for the
construction of an eight (8) inch water main within the state right-of-way (located
between S.E. 3'd Street and S.E. 4'h Street on the east side of northbound Federal
Highway) and approve a Hold Harmless Agreement with the developer (Mallory II,
L.L.C).
J. SERVICE AUTHORIZATION NO. I/CH2M HILL. INC.: Approve Service
Authorization No. 1 to CH2M HILL, Inc. in an amount not to exceed $50,000.00
for construction management services relating to the Aquifer Storage and Recovery
(ASR) Well Rehabilitation Project. Funding is available from 442-5178-536-31.30
(Engineering/ Architectural).
K. RESCIND CONTRACf AWARD/RSI OF FLORIDA. INC.: Rescind the
contract award to RSI of Florida, Inc. for the Re-roofing of the Utilities Maintenance
Building Project and postpone the project.
L. REJECfION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER
MAIN IMPROVEMENTS PRO]ECf: Approve the rejection of all bids
received for the 2003-011 Palm Trail Neighborhood Water Main Improvements
Phase 1 Project due to the reallocation of funding to higher priority projects and
authorize staff to re-bid in September, 2004.
M. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT:
Approve and authorize the execution of a funding agreement in the amount of
$16,243.00 with one (1) sub-recipient (Delray Youth Vocational Charter School)
under the Weed & Seed program for FY 2003-2004. Funding is available from 115-
2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid).
N. DISTRIBUTION OF FY 2005 DRUG CONTROL & SYSTEM
IMPROVEMENT FUNDS: Approve the distribution of FY 2005 Drug Control
& System Improvement (DCSI) funds (aka Byrne funds) in the amount of $726,880
as recommended by the Criminal Justice Commission; and authorize the Mayor to
send a letter agreeing to the allocation of these funds.
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O. LEASE AGREEMENT/MATCH POINT. INC.: Approve a lease agreement
between the City of Delray Beach and Match Point, Inc. for the use of two (2) office
spaces and six (6) phone lines, located at the north end of the City Attorney's office
building.
P. RESOLUTION NO. 48-04: Approve Resolution No. 48-04 and the Interlocal
Agreement between the Florida Department of Transportation, Palm Beach County,
and Palm Beach County Municipalities for the expansion of the membership of the
Palm Beach Metropolitan Planning Organization (MPO) to include Greenacres,
Royal Palm Beach, and Wellington.
Q. RESOLUTION NO. 42-04: Consider approval of a resolution to set the public
hearing date for the Pineapple Grove Way Special Assessment District Final
Assessment Roll.
R. AMENDMENT #2 TO THE CLINICAL SERVICES AGREEMENT /DR.
RANDALL WOLFF: Approve Amendment #2 to the Clinical Services Unit
(CSU) Agreement between the City and Dr. Randall Wolff to provide for a 15%
increase effective October 1, 2004 and enhancements to the Fire Fighter and Police
Officer annual physical examinations.
S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACfIONS:
Accept the actions and decisions made by the Land Development Boards for the
period May 17, 2004 through June 4, 2004.
T. AWARD OF BIDS AND CONTRACfS:
1. Bid award to Integrity Well and Pump Company in the amount of
$307,300.00 for rehabilitation of the Aquifer Storage and Recovery (ASR)
well. Funding is available from 442-5178-536-46.90 (Water & Sewer/Other
Repair & Maintenance).
2. Purchase award to Ferguson Waterworks at an estimated annual amount of
$17,894.22 via the City of Hollywood Bid #F-3765-02-WG for the purchase
of fire hydrants for the Water Sewer Division. Funding is available from
442-5178-536-61.77 (Water & Sewer/Renewal & Replacement/Fire Hydrant
Replacement).
9. REGULAR AGENDA:
A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT /B]CE.
lli.C..:. Consider approval of a revised agreement between the City and BJCE, Inc.
to provide for management services at the Municipal Golf Course and at the
Lakeview Golf Course for the period October 1,2004 through September 30, 2009.
B. TENNIS CENTER MANAGEMENT AGREEMENT /DUBIN &
ASSOCIATES): Consider approval of a revised agreement between the City and
Dubin & Associates for management services at the Delray Beach Tennis Center for
the period October 1, 2004 through September 30, 2009.
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C. VILLAGE FOUNDATION /INTEREST CHARGES: Consider a request from
the Village Foundation to forgive interest charges in the amount of $532.00 for the
late payment of a loan.
D. DEFERRAL OF LICENSE FEES/FLORIDA TELEPORT: Consider
approval of a deferral of license fees from Florida Teleport until 2006 due to tide
problems with their site in Delray Beach.
E. SPECIAL EVENT REOUEST & RESOLUTION NO. 47-04/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow
the 27'h Annual Roots Cultural Festival to be held between August 6'h and August 8,
2004, and approve Resolution No. 47-04 in support of the event.
F. PROPOSED AMENDMENT NO. 2/HORSE DRAWN CARRIAGE. INC.:
Consider approval of Amendment No.2 to the agreement with Horse Drawn
Carriages, Inc. to allow them to continue to operate Thursdays through Saturdays
until October 31, 2004. Staff recommends denial.
G. RESOLUTION NO. 49-04 (COMMITTING TO COMPLY WITH
MINIMUM LEVEL OF SERVICE STANDARDS FOR FIRE/RESCUE):
Consider approval of Resolution No. 49-04 committing to comply with minimum
level of service standards for Fire/Rescue services.
H. SETTLEMENT AGREEMENT /CIGNA: Consider approval of a settlement
agreement between the City and CIGNA.
I. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2)
regular members and one (1) alternate member to the Civil Service Board for two (2)
year terms ending July 1, 2006. Based upon the rotation system, the appointments
will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and
Commissioner Archer (Seat #2).
J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY BOARD: Appoint one (1) member to the Community Redevelopment
Agency Board for a four (4) year term ending July 1, 2008. Based on the rotation
system, the appointment will be made by Commissioner Archer (Seat #2).
K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for a four
(4) year term ending July 14, 2008. Based on the rotation system, the appointment
will be made by Commissioner Archer (Seat #2).
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 14-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations by repealing Sections
2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program",
and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs", and
amending Appendix "A", to update the definitions, to provide a single cohesive
ordinance regulating signs and sign permits. If passed, a second public heating will
be scheduled for June 22, 2004.
1. POLICY STATEMENT: Consider approval of a Policy Statement
allowing temporaty portable signs in the public right-of-way during periods
of major constructionjredevelopment.
B. ORDINANCE NO. 29-04 (FIRST READING/TRANSMITfAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to
the State Department of Community Affairs. Amendment 2004-02 includes:
1. Text Amendments:
a. Future Land Use Element - Modification of the description of the Medium
Density FLUM designation to include provisions for increased density to
approximately 24 units/acre within the boundaries of a special overlay
district within the Southwest Neighborhood Area, subject to Conditional Use
approval. This overlay district, located between the commercial area along
West Atlantic Avenue and S.W. 2nd Street, from Swinton Avenue to
Interstate 95, is being created to accommodate higher density residential
development pursuant to the Southwest Area Neighborhood Redevelopment
Plan;
b. Future Land Use Element - Modification of the descriptions of the
Commercial FLUM designations related to the West Atlantic Overlay Area;
c. Future Land Use Element - Modification of FLUM category descriptions to
reflect consolidation and elimination of unnecessaty FLUM designations;
d. Transportation Element - Revise Map #17, Intennodal Facilities;
e. Transportation Element - Revision to policies under Objective D-3 to
address and update timetables and the completion of tasks;
f. Housing Element - Update Residential Neighborhood Categorization Map
to reflect existing land use and boundaty changes;
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g. Public Facilities Element - Revisions to consider the regional water supply
plan and include a 10-year Water Supply Facilities Work Plan addressing
water supply facilities necessary to serve existing and new development;
h. Conservation Element - Amendment dealing with public recreation and boat
ramps in conservation areas to achieve internal Plan consistency with the
Open Space and Recreation Element;
1. Conservation Element - Revisions addressing projected water needs and
sources considering the South Florida Water Management District's Lower
East Coast Water Supply Plan;
J. Open Space and Recreation Element - Add policy stating that all park
planning will be compatible with the adopted City of Delray Beach Parks and
Recreation System Master Plan;
k. IntergovernrnenùÙ Coordination Element - Add policy to ensure
coordination of the Comprehensive Plan with the regional water supply plan;
1. Capital Improvement Element - Modify Table CI-CIP (5-Year CapiùÙ
Improvements Schedule for Projects>$25,OOO) to reflect implementation of
the new $24 million Parks and Recreation Bond;
m. CapiùÙ Improvement Element - Modification of Table SO-CIP. This table
is the School District's Six Year Capital Improvement Schedule referenced in
CIP Element Policy A-8.3;
n. Public Schools Facilities Element - Updated Map Series for the School
District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. Eliminate Maps PS
3.2 and PS 3.4;
o. Public Schools Facilities Element - Elimination of the appendices;
p. Public Schools Facilities Element - Minor text changes throughout the
element to amend references to the updated Map Series; updated Six Year
Capital Improvement Schedule; and the deleted Appendices;
q. Public Schools Facilities Element - Amendments required to maintain
consistency with the recently amended Interlocal Agreement
· Add definition for "First FfE Student Count" to definitions section
· Amend Policy A-I.I dealing with the level of service standard
· Amend Policy A-3.1 dealing with intergovernrnenùÙ coordination
2. Future Land Use Map Amendments:
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a. Privately initiated Future Land Use Map (FLUM) Amendment from LD (Low
Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12
du/ ac) for The Cottages at Banyan Village, located at the southwest corner of
Swinton Avenue and S.W. 10th Street.
b. City initiated Future Land Use Map Amendment from GC (General
Commercial) to CC (Commercial Core) for properties generally located on
the north and south sides of West Atlantic Avenue, between NW/SW 1"
Avenue (100 Block) and NW /SW 12'· Avenue (1200 Block) within the West
Atlantic A venue Overlay District.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 26-04: An ordinance amending Chapter 132, "Offenses
Against Public Peace and Safety", of the Code of Ordinances by amending Section
132.09, "Skateboarding and the like Prohibited", to provide certain areas in which
skateboarding shall be prohibited. If passed, a public hearing will be scheduled for
June 22, 2004.
B. ORDINANCE NO. 30-04: An ordinance rezoning from CF (Community
Facilities) in part and R-I-A (Single Family Residential) in part to RM-I0 (Medium
Density Residential 10 units per acre) for an 8.96 acre parcel of land for The
Cottages at Banyan Village, located at the southwest corner of Swinton A venue and
S.W. 10'· Street. If passed, a public hearing will be scheduled for June 22, 2004.
C. ORDINANCE NO. 31-04: An ordinance rezonmg from GC (General
Commercial) to CBD (Central Business District) for 41.53 acres of land for
properties generally located on the north and south sides of West Atlantic Avenue,
between NW/SW 1" Avenue (100 Block) and NW/SW 12th Avenue (1200 Block)
within the West Atlantic A venue Overlay District. If passed, a public hearing will be
scheduled for June 22, 2004.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: ~UNE4,2004
06-08-2004
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MAY 18.2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 18, 2004.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, Deputy City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Perlman stated there is additional information for Item 8.K.,
Resolution No. 41-04.
Ms. McCarthy requested Item 8.C., Cemetery Fees of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Costin moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
S. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
May 4, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
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6. PROCLAMATIONS:
6.A. National Safe Boatinl! Week - Mav 22-28. 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
May 22-28, 2004 as National Safe Boating Week. Michael Gardner from the Coast
Guard Auxiliary came forward to accept the proclamation.
6.B. Advocacv in Education Awareness Dav - Mav 20. 2004
Mayor read and presented a proclamation hereby proclaiming May 20,
2004 as Advocacy in Education Awareness Day. Greta Britt came forward to accept the
proclamation.
6.C. National Garden Week - June 6-12. 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
June 6-12, 2004 as National Garden Week. Ana Kenefick, President of the Poinciana
Garden Club and Cara Trowbridge, President of the Hibiscus Garden Club came forward
to accept the proclamation.
6.D. National Elder Law Month - Mav 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of May, 2004 as National Elder Law Month. Jason Fishbein came forward to
accept the proclamation.
6.E. Tinnitus Awareness Week - Mav 15-22. 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of May 15-22,2004 as Tinnitus Awareness Week. Ellen Gartner came forward to
accept the proclamation.
7. PRESENTATIONS:
7.A. Morikami Park Elementarv Children- Nancv Stewart
Nancy Stewart, Avenue Crealive Group, Inc., stated the City of Delray
Beach has a program called "Principal for a Day" and this is her second year
participating. The students from Morikami Park Elementary School presented the
Commission with a brochure to autograph. Mrs. Stewart introduced Mrs. Elizabeth
Kennedy, Principal and Mrs. Sue Redan, Teacher.
Sue Redan (Teacher) thanked Nancy Stewart and Trish Sceppa for giving
the children a voice and wisdom. Ms. Redan introduced the 4th graders from Morikami
Park Elementary who perfonned a skit in pantomime.
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05/18/04
Elizabeth Kennedy, Principal ofMorikami Elementary School, recognized
and commended the 4th grade students.
· Alanna Ramos · Lukson Versulien
· Tara Aboumahboub · Annika Swanson
· Madison Delgado · Myles Cornejo
· Sabina Braverman · Emma Colton
· Rachael Ferguson · Lamont Robinson II
· Yacine Kermouche · Larissa DeLa Roche
· Cody Meyer · Nathan Perreau
· Emily Snavely · Rigo Beltran
· Ian Mellul
7.B. Emplovee SUl!:l!:estion Award to Eric Aronowitz, Police Officer
Larry Schroeder, Police Chief, stated Eric Aronowitz suggested saving the
City money by increasing the security around the radio communications lower at the
Police Department. Installation of the fence cost $3,900 and was paid for by the vendors
who have their cellular equipment on the tower. Therefore, the entire project was
completed with no cost 10 the City. Chief Schroeder presented Officer Aronowitz with a
check and thanked him for a job well done.
7.C. RESOLUTION NO. 36-04: Recognizing and Commending Officer
Whatley, Officer Miller and Officer Coleman.
The caption of Resolution No. 36-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING AND COMMENDING OFFICER
MICHAEL COLEMAN, DETECTIVE MICHAEL
MILLER AND DETECTIVE THOMAS WHATLEY FOR
THEIR COMMITMENT AND DEDICATION TO THE
COMMUNITY.
(The official copy of Resolution No. 36-04 is on file in the City Clerk's
office. )
Officer Michael Coleman, Detective Michael Miller and Detective
Thomas Whatley came forward to thank the Commission.
Mr. Costin moved to approve Resolution No. 36-04, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
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05/18/04
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the
City and Hammock Reserve Homeowners' Association allowing the Deiray Beach Police
Department to enforce local and state traffic laws on its property.
8.B. NEIGHBORHOOD ADVISORY COUNCIL: Approve the Rules and
Regulations of the Neighborhood Advisory Council.
8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.D. SERVICE AUTHORIZATION NO. 15/ROBERT G. CURRIE
PARTNERSHIP.INC.: Approve Service Authorization No. 15 to Robert G. Currie
Partnership, Inc. in the amount of $71,285.00 for design services for the preparation of
pennit and construction documents for the Delray Swim and Tennis Center Clubhouse
Project. Funding is available from 117-4133-572-62.10 (Delray Swim & Tennis
Club/Buildings ).
8.E. RESOLUTION NO. 39-04: Approve Resolution No. 39-04 authorizing
the City's withdrawal from the Palm Beach Countywide Beaches and Shores Council.
The caption of Resolution No. 39-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA THAT
IT IS GNING NOTICE TO THE PALM BEACH
COUNTYWIDE BEACHES AND SHORES COUNCIL
OF ITS INTENT TO WITHDRAW MEMBERSHIP
FROM THE PALM BEACH COUNTYWIDE
BEACHES AND SHORES COUNCIL WITH AN
EFFECTNE DATE OF SIX MONTHS FROM THE
DATE OF THE RESOLUTION.
(The official copy of Resolution No. 39-04 is on file in the City Clerk's
office. )
8.F. RESOLUTION NO. 40-04: Approve Resolution No. 40-04 opposing the
Strong Mayor initiative for Palm Beach County.
The caption of Resolution No. 40-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
OPPOSING THE STRONG MAYOR INITIATIVE
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05/18/04
FOR PALM BEACH COUNTY; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 40-04 is on file in the City Clerk's
office).
8.G. PURCHASE ORDER INCREASES/ORIGINAL EOUIPMENT
MANUFACTURERS (OEM) PARTS: Approve blanket purchase order increases of
$10,000.00 to purchase order #615369, $6,000.00 to purchase order #617725, and
$10,000 to purchase order #615667 for the purchase of non-stock original equipment
manufacturers parts for automotive repairs performed by the City Garage. Funding is
available ftom 501-3311-591-52.50 (Garage FundIV ehicle Maintenance/Parts).
8.H. RESOLUTION NO. 37-04: Approve Resolution No. 37-04 authorizing a
master lease agreement with SunTrust Leasing Corporation and lease purchase financing
for IBM iSeries equipment and software totaling $581,420.00.
The caption of Resolution No. 37-04 is as follows:
RESOLUTION AUTHORIZING THE EXECUTION
AND DELIVERY OF A MASTER LEASE
AGREEMENT, EQUIPMENT SCHEDULE NO. 01
AND RELATED INSTRUMENTS, AND
DETERMINING OTHER MATTERS IN
CONNECTION THEREWITH.
(The official copy of Resolution No. 37-04 is on file in the City Clerk's
office. )
8.1. RESOLUTION NO. 38-04: Approve Resolution No. 38-04 authorizing
the reimbursement of original expenditures with proceeds of lease purchase financing of
IBM iSeries equipment and software totaling $581,420.00.
The caption of Resolution No. 38-04 is as follows:
A RESOLUTION AUTHORIZING THE
REIMBURSEMENT OF ORIGINAL EXPENDITURES
WITH PROCEEDS OF FINANCING.
(The official copy of Resolution No. 38-04 is on file in the City Clerk's
office. )
8.J. SPECIAL EVENT REOUEST/SUMMER NIGHTS: Approve a
special event request for the Summer Nights on the Avenue 2004 program, granting a
temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way
at various locations, staff support for security and traffic control, street barricade set
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05118/04
up/removal, banner and signage set up/removal, stage set up/use and removal, and trash
clean up/removal, with payment to the City for 50% of overtime cosls exceeding
$5,000.00.
8.K. AMENDED AND RESTATED INTERLOCAL AGREEMENT
WITH HIGHLAND BEACH FOR SEW AGE DISPOSAL: Approve the Amended
and Restated Interlocal Agreement for the Disposal of Pretreated Sanitary Sewage with
the Town of Highland Beach.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period May 3, 2004 through May 14, 2004.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Colonna Construction in the amount of $298,308.00
for the 2002 Sidewalk Improvement Project on various streets.
Funding IS available from 118-1965-554-63.11 (Community
Development Fund/Bikepaths/Sidewalks) and 334-3162-541-65.61
(General Construction FundIDowntown Pedestrian Network).
2. Purchase award to Automotive Resources, Inc. in the amount of
$17,177.36 via the Florida GSA (General Services Admin.)
Contract No. GS-07F-7172B for the purchase of one (I) 2-Post,
30,000 lb. capacity, mobile lifting system for the City Garage.
Funding is available from 501-3311-591-64.90 (Central Garage
Fund/Other MachinerylEquipment-FY 2004/2005).
3. Purchase award to Duval Ford in the amount of $148,392.00 via
the Florida Sheriffs' Association Contract for the purchase of six
(6) police pursuit vehicles for the Police Department. Funding is
available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. CEMETERY FEES: Approve an increase in price for burial plots and in
fees for opening and closing graves at the Delray Beach Cemetery.
After brief discussion with a couple of the funeral homes, Ms. McCarthy
stated even though these fees have been consistent for the last 12-15 years because of
pre-payment plans the increase in fees for the community that we service may be a little
bit more than what would be affordable at this time. Ms. McCarthy suggested staggering
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the increase so that the residents do not feel the full impact all at once.
Mr. Costin inquired if the opening and closing costs are actual incurred
costs. In response, Mr. Weldon stated the actual costs are the cost of the equipment and
manpower. Mr. Costin stated since the country is in a time of conflict, does the City have
any provision to make any accommodations to deceased veterans that may incur death in
a war zone. Mr. Weldon stated there is no provision like this.
Mr. Levinson stated there is a provision that covers burial costs provided
by the military if there is a death in the line of duty.
The City Manager suggested staggering the resident costs and increasing
the non-resident costs.
Mr. Levinson concurred with the City Manager's suggestion. The City
Manager stated the costs for the residents can be staggered over a two year period or
spread it out for more than two years. Mr. Levinson expressed concern that the costs to
residents not be staggered over too long of a period and feels two years is sufficient
amount of time.
Brief discussion by the Commission followed.
Mr. Costin moved to extend the increase over a two year period for
residents and include the proposed increases for non-residents as listed in the
memorandum by Joe Weldon, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said molion passed with a 5 to 0 vote.
9.A. MOTION TO RESCIND COMMISSION
DECISION/HANDELSMAN YELLOW BUILDING: The applicant is requesting a
reconsideration of the City Commission's denial of the request from Handelsman Yellow
Building tìk/a the Blank House for the purchase of six (6) in-lieu rarking spaces in the
amount of $72,000.00. The Blank House is located at 85 S.E. 6t Avenue. Requires a
motion for reconsideration from a Commissioner who voted against approval.
The City Attorney stated this is a motion to rescind and requires a super
majorily vote.
Prior to the vote, Mr. Costin stated the petitioner failed to be present at the
previous meeting when this was discussed by the Commission. Mr. Costin stated he feels
the petitioner should have the opportunity to present their case to the Commission.
Mr. Costin moved to approve to rescind, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion 10 rescind
passed with a 4 to 1 vote, Mr. Levinson dissenting.
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05/18/04
9.B. WAIVER REQUEST/COMMUNITY PRIMITIVE BAPTIST
CHURCH: Consider a request to waive Land Development Regulations (LDR) Section
2.4.3(K)(I) "Development Application Fees" for Community Primitive Baptist Church,
located at 33 N.W. nth Avenue, pursuant to LDR Section 2.4.7(B)(5). (Quasi-Judicial
Hearing
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed by Mrs. Archer, Mr.
Costin, Mr. Levinson, and Ms. McCarthy. Mayor Perlman stated he had a brief
conversation with Jimmy Weatherspoon several weeks ago.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-148 and #2004-149 into the record.
Mr. Dorling stated on April 13, 2004, the City Commission approved the
conditional use request for the expansion of Community Primitive Baptist Church.
During those deliberations, the applicant felt that he should not have had to re- file the
applications and pay the associated application fees for a previously approved proposal,
and requested the Commission to waive the fees or a portion of the fees. It was the
consensus of the Commission to direct staff to review the costs for advertising, notices,
mailings, staff time and bring the item back to the Commission with a recommendation.
Mr. Dorling stated since there were no significant changes to the application and the
original findings were reaffinned, staff recommends that the fees be reduced by $1,155
and leave the application fee of $1,000 which would cover staff time and advertising that
has been incurred by the City to date.
Jimmy Weatherspoon, 130 N.W. 8th Avenue, Delray Beach, thanked the
Commission for directing staff to look into the situation.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mr. Costin moved to approve a waiver to LDR Section 2.4.3(K)(I)
(Development Application Fees) to reduce the development application fees for
Community Primitive Baptist Church to $1,000 based upon positive findings with respect
to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
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05/18/04
9.C. CONSULTANT RANKING FOR OLD SCHOOL SOUARE
PARKING GARAGE: Consider approval of the rankings for consultants regarding the
Old School Square Parking Garage Project and authorize staff to negotiate with the finn
ranked first, PGAL/Eliopoulos, for a consulting contract.
Richard Rasko, Director of Environmental Services, stated this is a
Request For Qualifications (RFQ) for the Old School Square Parking Garage Project. An
eight member RFQ Review Committee consisting of City/CRA staff and Old School
Square board members reviewed the packages in the context of the professional
requirements and disciplines stated in the RFQ. Mr. Rasko stated the top ranked
consultant is PGAL/Eliopoulos and staff is requesting that Commission approve the
rankings and authorize staff to negotiate with PGAL/Eliopoulos for a consulting contract.
Mr. Costin inquired about the consultant PGAL/Eliopoulos. The City
Manager stated this is the same consulting finn that built the courthouse garage.
Mr. Levinson moved to approve the ranking and commencement of
negotiations with PGAL/Eliopoulos, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.D. ESTABLISH PERFORMANCE MEASURES FOR GOLF
COURSES AND TENNIS FACILITIES: Consider approval of proposed perfonnance
measures for FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and
Tennis facilities.
Robert A. Barcinski, Assistant City Manager, stated the proposed
perfonnance measures are based on the goals and objectives approved in the fiscal year
03-04 budget, as well as other agreed upon tasks. The perfonnance measures approved
will be the basis upon which a bonus would be paid to Dubin and Associates, Inc. for
fiscal year 03-04.
Brahm Dubin, Dubin & Associates, stated the goals are based on budget
numbers.
The City Manager stated staff is trying to be conservative with the budget
and not overestimate the revenues.
Mrs. Archer moved to approve to establish the perfonnance measures for
the Municipal and Lakeview Golf Courses, and Tennis Facilities for fiscal year 2003-04
as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
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05/18/04
9.E. SHUTTLE SERVICE: Consider approval of a grant application to
partially fund shuttle services between Tri-Rail and the beach in accordance with
Comprehensive Plan Policy D-3.6 of the Transportation Element.
The City Manager stated there is some availability of some grant funds.
He stated he is hesitant about making this a high priority because in looking at the total
budget he is not sure it warrants this kind of priority.
Mrs. Archer asked how many years the grant is for. Scott Aronson,
Parking Management Specialist, stated this is a 3-year grant and relates back to federal
funding for the Clean Air Act. This program through the federal government has three
years left to it. Mr. Aronson stated this may be extended; however, the Melropolitan
Planning Organization (MPO) cannot assure this at this time.
Mrs. Archer asked when the double tracking will be done. Mr. Aronson
stated the double tracking will be complete in approximately I year to 18 months. Mrs.
Archer suggested Ihat as a way to enhance this program, start out with 30 minute
headways and after the first year increase it to 20 minute headways in order to utilize the
grant program.
Mayor Perlman asked if the City would have to commit to three years.
Mr. Aronson stated the MPO is going to evaluale the success of the shuttle service every
six months and it was indicated that if the program was not successful they could pull the
funding and cease the program.
Mr. Costin stated he feels this may work during season; however, he
expressed concern that this may not be successful off-season. Mr. Costin stated he feels
this should be on a seasonal basis only because he does not want to see any tax dollars
wasted. Mr. Aronson stated the MPO was looking for a commitment of shuttle service
for an entire year.
Mayor Perlman stated he feels this is an enonnous amount of money and
feels in the future as there is more employment and office use downtown, then it may
make more sense because there would be people here year-round using Tri-Rail and
commuting into Delray to work. However, he does not feel the City is ready for this
quite yet.
Ms. McCarthy asked if the grant is mandatory for the full three years of
use and suggested if the grant allows flexibility that it not be used the first year. The City
could start the second year which would be closer to the completion dates of the double
tracking or the garage.
The City Manager stated staff can apply for whatever is in the best interest
of the City. He stated the City can apply for it to begin next year.
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05/18/04
Mayor Perlman asked in terms of the City's contribution, where the
dollars are going to come from and what other priorities are we sacrificing for this. The
City Manager stated staff would have to go through the entire budget process.
Mr. Costin stated he would like to see Scott Aronson, Parking
Management Specialist, go back to the MPO and try to get some of the questions
answered that have been raised this evening.
Mr. Levinson stated the shuttle service is not intended just for shoppers'
downtown but also for taking people to Tri-Rail and back. He likes the idea and feels this
is time sensitive. He suggesled that the City submit the application and make it with a
beginning date of October 2005 versus not submitting the application at all. Mr.
Levinson stated he does not want the City to lose this opportunity.
Ms. McCarthy stated if the City is awarded the grant and after the
budgetary process determines it is not in the best interest of the City, does the City have
the right to give the grant back. Mr. Aronson stated he believes the City would have the
right to give the grant back.
Mayor Perlman inquired about the capacity of the shuttles. The City
Manager stated it is up to staff to set the number of passengers. Mr. Aronson stated staff
feels the capacity of 18-24 passengers is sufficient.
Mrs. Archer concurs with comments expressed by Mr. Levinson and
stated it is in the Comprehensive Plan. Mrs. Archer stated it will take approximately 2-3
years to build up ridership. Mrs. Archer stated even though the City is requesting this for
next year, she would like to see staff put in a request for three years to see if the MPO
will grant it. Mrs. Archer stated if we make it available on the basis whereby we are
going to get some regular reliable times we might find that it is used and if not the City
can drop it.
Mayor Perlman stated over a three year period the cost to the City could
be approximately $700,000 and reiterated he does not feel the City is ready for this right
now.
Mr. Costin concurs with comments expressed by Mayor Perlman and
stated he can see the value on a seasonal basis and has reservations over the volume
during the off-season. He inquired about the data for the ridership. In addition, Mr.
Costin expressed concern over the time of operation and feels people who choose to eat
dinner downtown will not be able to finish and get back there to accommodate their
needs for transportation. He stated something is lacking with regard to the scheduling.
Brief discussion between staff and the Commission followed.
Mrs. Archer moved to approve filing the grant application for a three year
term for the shuttle service beginning October 1, 2005, seconded by Mr. Levinson. Upon
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roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to
1 vote, Mayor Perlman dissenting.
At this point, the time being 7:15 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 24-04: An ordinance amending the Land
Development Regulations Section 4.6.15(G) regarding sWlmmmg pool setback
requirements. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 24-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION
4.6.15(G), "YARD ENCROACHMENT," TO
ALLOW POOLS TO EXTEND WITHIN FNE
FEET OF THE PROPERTY LINE FOR ZERO
LOT LINE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 24-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the current
swimming pool setbacks apply citywide and do not address any specific type of
development such as zero lot line developmenls. The current requesl is to reduce the side
interior setback within zero lot line developments from 10' to 5'. The proposed
amendment includes a provision that pools are prohibited within utility easements, unless
wrilten approval is provided by the easement holder and a hold harmless agreement is
executed.
At ils meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing and there was no public testimony regarding the proposed amendment.
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05/18/04
After discussing the amendment, the Board unanimously voted 5-0 (Borchardt and Pike
absent) to recommend approval of the proposed amendment to LDR Section 4.6.15(G),
based upon positive findings with respect to LDR Section 2.4.5(M).
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 24-04, the public
hearing was closed.
Mr. Costin moved to adopt Ordinance No. 24-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 25-04: An ordinance amending the Land
Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and
special qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 25-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 2.2.3(B), "COMPOSITION
AND SPECIAL QUALIFICATIONS" AND
SUBSECTION 2.2.6(B), "COMPOSITION AND
SPECIAL QUALIFICATIONS"; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-04 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this LDR
amendment is being processed to ensure adequate representation by members with a
discipline determined to be critical to the conduct of the Board's business. If these
members are unable to present or represent their items, it will be difficult to retain
qualified applicants for the City's various Land Development Boards.
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05/18/04
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing regarding this item. There was no public testimony regarding the
amendment and after discussing the amendment, the Board voted 4-1 (Peltzie dissenting,
Borchardt & Pike absent) to recommend approval of the proposed amendment, based
upon positive findings with LDR Section 2.4.5(M).
At its meeting of April 21, 2004, the Historic Preservation Board voted 5
to 1 (Schatz dissenting, Miller absent) to recommend approval of the LDR amendment.
At its meeting of April 28, 2004, the Site Plan Review and Appearance
Board (SPRAB) unanimously recommended approval of the amendment.
Mayor Perlman declared the public hearing open.
Alice Finst, 707 Place Tavant, Delray Beach, for clarification asked if a
professional steps down is he still permitted to speak and/or is someone ftom his office
permitted to speak in his place.
The City Attorney stated the person who steps down can present the
project before the Board but cannot vote or participate in the discussion as a voted
member.
There being no one else who wished to address the Commission regarding
Ordinance No. 25-04, the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 25-04 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
to.C. ORDINANCE NO. 28-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.105, "Administration by Retirement
Committee", by amending Section 35.105(A)(I), to provide for the naming of the
position of Finance Director as a member of the board. Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time.
The caption of Ordinance No. 28-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 35.105, "ADMINISTRATION
BY RETIREMENT COMMITTEE BY AMENDING
SECTION 35.1 05(A)(I), TO PROVIDE FOR THE
NAMING OF THE POSITION OF FINANCE
DIRECTOR, AS A MEMBER OF THE BOARD AND
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05/18/04
PROVIDING THAT THE FOUR OTHER MEMBERS
MAY BE CITY OFFICIALS OR EMPLOYEES AND
SHALL BE APPOINTED BY THE CITY COMMISSION,
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 28-04, the public
hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 28-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manal!:er's response to prior public comments and inquiries.
With regard to a prior concerns expressed at the April 13th meeting by Mr.
Martinez, the City Manager stated a Code Enforcement Officer that works this area had
already met with Mr. Martinez concerning these issues. Property owners have been
issued violation notices but have not responded. The City Manager stated these cases
will be moved to the contracted vendor for abatement by the end of this week. The Code
Enforcement Officer assigned to this area ftequently checks these properties and
communicates with Mr. Martinez and he appears to be ftustrated with the process you
have to go through to handle these issues.
With regard to another concern expressed by Mr. Martinez over the
speeding traffic on Southridge Road, the City Manager stated staff has not done speed
studies on this particular part of Southridge Road, but have done studies further west.
Staff found typically that 85% of the vehicles were driving at speeds lower than the
posted 25 miles per hour speed limit. The Police Department has looked at the 500 block
of Southridge Road where Mr. Martinez lives to evaluate the traffic conditions regarding
speed on the roadway. The City Manager stated Southridge Road is two-tenths of a mile
long at the intersection of S.W. 4th Avenue westbound to the wooden fence. Mr.
Martinez's residence is 506 Southridge Road and is located on the south side of the road
about halfway between S.W. 4th Avenue and the fence. There are a total of20 homes on
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the street with several under new construction and are still not occupied. An officer was
there for 20 minutes and observed one vehicle at the speed of 15-20 minutes per hour.
Based on their observation and evaluation of the location, routine traffic enforcement is
all that is required. The City Manager stated there is no justification for speed humps in
the road. However, he staled there is a process for requesting neighborhood traffic
calming through a petition which requires two-thirds of the residents to sign a petition
and file the application.
With regard to deadening the noise on the Linton Boulevard Bridge, the
City Manager stated the engineering report performed by Palm Beach County consultants
summarizes the results of the wheel path modification study, and concludes that it is not
possible to retrofit the existing draw span due to a lack of physical room for counter
weights to balance the additional weight. The report continues to state that the draw
spans would have to be completely replaced to accommodate the proposed noise
deadening method. The estimated cost of this work based on similar recent County
projects will be in the $2.5 million range. The estimate does not include the cost of
demolition of the existing spans and other mmor modifications to the
electrical/mechanical systems. The study continues to explain that decibel readings taken
at various locations around the bridge vary between 70db and 75db depending on the type
of vehicle crossing the bridge. State study of effective noise reduction reflects that the
addition of concrete wheel paths will only reduce noise levels by 3db to 4db. Based on
this report, the County's decision not to pursue this noise deadening method is prudent
and not priority based as has been suggested. The engineering study concludes that
replacement of the draw spans at the cost in excess of $2.5 million will not resolve the
noise level problem given the past measured effectiveness oflhe method.
With regard to comments expressed about the City's noise ordinance that
were also made in the context of the wheel noise on the bridge, the City Manager stated
the City's ordinance does not apply to traffic noise. Assuming the City codes were
applied to this facility, the noise level is in excess of what the code would allow. The
City Manager stated he imagines anything close to 1-95 experiences the same thing.
11.B. From the Public.
11.B.1. Neeck Simeus. 902 N.W. 1st Street. Delrav Beach. commented about the
Planning and Zoning meeting last night regarding the discussion about the rezoning of
the Atlanlic A venue corridor. He inquired as to how the rezoning to GC (General
Commercial) will impact the community on both the northwest and southwest sides of
Atlantic Avenue.
11.B.2. Alice Finst. 707 Place Tavant. Delrav Beach. expressed concern over a
safety issue at the junction of Depot Road, the canal, the 1-95 wall and Roosevelt Avenue,
and stated the guardrails have all been removed along the canal. She commented that
there appears to be no signs of any barriers being put up at this time and urged the
Commission to look into this matter.
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05/18/04
11.B.3. John Bennett, 137 Seabreeze Avenue, Delrav Beach, speaking on behalf
of the Milton Myer's Post 65 and the American Legion, he invited everyone to the
Memorial Day ceremonies to be held at 9:30 a.m. with a Spaghetti Dinner at noon. In
addition, Mr. Bennett stated the Veteran's of Foreign Wars is hosting their annual
commemoration at Veteran's Park including the wreath laying at the monument and a
wreath in the Intracostal in memory of those lost at sea. Mr. Bennett read into the record
and stated among those who will be honored are: Marvin Milton, Loney Myers, Harry
Fish, Harry Oller, George H. Reiley, Howell Jones, Ben F. McIntosh. Bradley O'Neal,
Benjamin F. Jetton, Shelton Lamb, Jr., Logan McNeil, Alfred F. Priest, Charles L.
Vreeland, John Jupinko, and Arthur Sprott, Jr.
11.B.4. Venice Graham, 42 N.W. 9th Avenue, Delrav Beach, stated she lives
across from the Paradise Club and asked what is going to happen with her property.
11.B.5. Dennis Grain!!er, 2000 S. Ocean Boulevard, Delrav Beach. stated he
has been the Tennis Director at the Hamlet Country Club and provided the Commission
with a proposal for the management of the tennis facilities in Delray Beach (the proposal
consists of running the tennis facilities and selling of the naming rights). Mr. Grainger
stated he provided some information to the City Manager regarding Advanta.
At this point, the time being 7:40 p.m., the Commission moved back to
the Regular Agenda.
9.F. APPEAL OF DECISION/SOUTHERN WASTE SYSTEMS V. CITY
OF DELRAY BEACH: Consider authorizing the City to appeal the court's decision in
the case of Southern Waste Systems v. the City of Delray Beach.
The City Attorney stated this is a case that was brought before the City of
Delray Beach and Waste Management (WM) regarding the collection of construction and
demolition (C&D) debris. The City had given Waste Management an exclusive franchise
and SWS claimed that this exclusivity violated the commerce clause. The court issued a
ruling granting SWS's motion for partial summary judgment regarding the violation of
the commerce clause. Waste Management plans to appeal this decision and shall
continue to indemnify and defend the City in this case.
Mr. Costin moved to approve authorizing the City to appeal the court's
decision in the case of Southern Waste Systems (SWS) v. City of Delray Beach,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.G. PROPOSAL FOR SETTLEMENT IN AERO PRODUCTS
CORPORATION D/B/A AMERICAN LAFRANCE MEDICMASTER v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in Aero Products Corporation
d/b/a American LaFrance MedicMaster v. City of Delray Beach. Staff recommendation
is acceptance.
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05/18/04
The City Attorney stated American Lafrance MedicMaster has agreed to
dismiss their counter-claim against the City regarding their breach of contract claim for
the outstanding purchase order of one (1) 2002 Freightliner FL60 Extended Cab
Emergency Vehicle (P.O. No. 601887) so long as the City dismisses its complaint for
breach of contract and breach of warranty against MedicMaster regarding the Freightliner
FL60 Extended Cab Emergency Vehicle that was delivered to the City on June 8, 2001.
Kerry Koen, Fire Chief, stated the vehicle has an asset value and is to the
advantage of the Fire-Rescue Department to dispose of the vehicle either through trade to
another vendor or by sale. Staff recommends approval of the proposal for settlement.
Mr. Costin moved to approve the proposal for settlement in Aero Products
Corporation d/b/a American LaFrance Medicmaster v. City of Delray Beach, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (I) member to the
Police and Firefighters' Retirement System Board of Trustees to fill a two year term
ending June 30, 2006. Based on the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
Mr. Levinson moved to reappoint Kenneth Rubin as a member to the
Police and Firefighters' Retirement System Board of Trustees to fill a two-year term
ending June 30, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.1. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (I)
student member to the Education Board for an unexpired term ending July 31, 2005.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Gemina Masson as a student
member to the Education Board for an unexpired term ending July 31,2005. Mrs. Archer
so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory Committee
for a two (2) year term ending May 31, 2006. Based on the rotation system, the
appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Harvey Brown, Sr. to the Boca Raton
Aviation Advisory Committee for a two-year term ending May 31,2006, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
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05/18/04
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
None.
13. COMMENTS AND INOUlRlES ON NON-AGENDA ITEMS.
13.A. City Manal!er
The City Manager announced he will be on vacation next week.
Secondly, with regard to Mrs. Archer's comments about lane delineations
at Linton Boulevard and Federal Highway, the City Manager stated staff has inspected
the intersection and found that the only lane lacking directional pavement markings was
the westbound through/left turn lane as you approach the intersection from the east. The
appropriate pavement markings for this lane have been installed and staff is asking that
the Florida Department of Transportation (FDOT) reinstall fresh pavement marking on
Federal Highway.
13.8. City Attornev
The City Attorney reviewed the election information regarding the library
referendum. It was the consensus of the Commission to place the library referendwn
question on the ballot for the November 2, 2004 election.
13.C. City Commission.
13.C.I. Mrs. Archer
Mrs. Archer stated she had a nice pancake breakfast at the Hot Air Balloon
Race & Festival.
Secondly, Mrs. Archer stated it was nice to see Barbara Garito, City Clerk.
She stated at the Sister Cities meeting, there has been a request from
David Schmidt that the Commission not require formal approval of the Board
appointments because based on a ruling by the City Attorney, it is going to require that
they fall under the Sunshine Laws. Commissioners agreed to discuss this further with
David Schmidt but in general feel they should still ratifY Board appointments.
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05/18/04
13.C.2. Commissioner Costin
Mr. Costin commented about an article in the Sun-Sentinel News
regarding revitalization efforts whereas the South Florida region will now be thought of
in its entirety trom Key West to Vero Beach.
Secondly, Mr. Costin commented about the Hot Air Balloon Race &
Festival and stated he enjoyed seeing the children in awe of the balloons. Mr. Costin
extended kudos to MaIjorie Ferrer, Downtown Event Coordinator and stated the event
was very successful.
13.C.3. Commissioner McCarthv
Ms. McCarthy stated she met with Congressman Hastings in Washington,
D.C. about Carver Square and Carver Estates and commented that one of his employees
is a fonner employee of the Environmental Protection Agency (EPA). Ms. McCarthy
stated the EPA took some reports and will follow-up with her within approximately ten
(10) days.
13.CA. Commissioner Levinson
Mr. Levinson commented about the Hot Air Balloon Race & Festival.
Secondly, Mr. Levinson stated he received a request to close the street
between S.W. 12th & S.W. 13th Avenues for a Graduation party. The request was not
made through a homeowners' association and sufficient time was not available to do
proper planning, etc. Mr. Levinson stated he called the President of the SW President's
Council to see if they were aware of it and she indicated that she was unaware of this and
suggested anything the City does should include them.
Secondly, Mr. Levinson thanked Philip Freidman for sending the
magazine on the historic trust. He commented about an article entitled "Best Places to
Live on the Coast" in Ihe June 2004 issue of Money Magazine regarding real estate in
Delray Beach.
He commented about an article regarding science teachers for SCRIPPS
Internships. Mr. Levinson stated Scott Morone who teaches in the International
Baccalaureate (IB) Program at Atlantic High School is receiving a $15,000 donation trom
Bank of America to cover travel and housing expenses in addition to his internship to
work with the scientists at SCRIPPS.
13.C.5. Mavor Perlman
Mayor Perlman commented on the FAD Study and stated it was nice for
Delray Beach to be singled out among seven counties and hundreds of cities.
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05/18/04
Secondly, Mayor Perlman stated he and Diane had the opportunity to
speak about downtown revitalization at the annual meeting of the Ocean City
Development Corporations in Ocean City, Maryland. Mayor Perlman stated he was
presented the "Key to the City" and commented that Ocean City was also an All America
City in 2001. He stated representatives ITom Ocean City will be in Delray Beach next
week and some are looking for downtown housing and feels in municipal circles Delray
Beach is looked at as a model city.
He stated he attended the Florida Trust Historic Preservation Conference
last week and commented it was a great. Mayor Perlman stated Frances Bourque was
honored and received the highest award from the State for historic preservation. He
stated the conference opened with Glenda Hood, Secretary of State, who called Delray
Beach an icon in preservation and downtown redevelopment. Mayor Perlman stated this
was a great conference and they talked about the possibility of coming back in a few
years.
Mayor Perlman sated with regard to Advocacy in Education Day, he is
going to be on a panel at Carver Middle School on Thursday with the Superintendent and
a few State legislators. He has been asked to speak about what Delray has done in tenns
of education.
Mayor Perlman stated one of the things the City needs to work on is to
improve the internal communications and place notices in plain language for the citizens
to understand better. He staled if more infonnation is provided, people will understand
better instead of acting on fear and misinfonnation.
Lastly, Mayor Perlman stated he is looking forward to Barbara Garito's
retirement dinner. He stated she will be truly missed and feels Ihe mark of a good leader
is someone who leaves the office in good hands and who has done a good job at
managing and training people so that there is a seamless transition.
At this point, the time being 8:15 p.m., Mayor Perlman adjourned the
Regular Meeting and moved to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.
286.011(8) re: the case of Florida Blacktop, Inc. v. the City of Delray Beach, Florida.
Attendees: Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Commissioner Robert Costin
City Manager David Harden
City Attorney Susan Ruby
Attorney Malcolm Cunningham
Attorney John Hockin
- 21 -
05/18/04
A certified court reporter
Purpose: Discuss settlement negotiations and Slrategy related
to litigation expenditures in the above case.
Mayor Perlman read the following statemenl into the record: "The City
has scheduled a closed attorney-client session pursuant to Florida Statutes §286.0ll(8)
regarding the case of Florida Blacktop, Inc. v. City of Delray Beach. The estimated
length of the closed session shall be 20 minutes. The following persons will be attending:
Mayor Jeff Perlman, Commissioners Pat Archer, Alberta McCarthy, Jon Levinson and
Robert Costin, City Manager David Harden, City Attorney Susan Ruby, attorneys
Malcolm Cunningham and Jolm Hockin and a certified court reporter."
At this point, the time being 8:35 p.m., Mayor Perlman reconvened the
Regular Meeting and announced that the Closed Attorney/Client Session was tenninated.
15. SETTLEMENT OF FLORIDA BLACKTOP. INC. v. CITY OF
DELRAY BEACH
Mrs. Archer moved to approve the settlement between Florida Blacktop,
Inc. and the City of Delray Beach in the amount of $330,000.00, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:37 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
infonnation provided herein is the Minutes of the Regular City Commission Meeting held
on May 18, 2004, which Minutes were fonnally approved and adopted by the City
Commission on
- 22-
05/18/04
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, Ihis means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 23 -
05/18/04
~
WHEREAS, the Tzofim Friendship Caravan is a group of Israeli Boy and Girl
Scouts chosen to represent their country while traveling and perfonnlng across North
America; and
WHEREAS, the Israeli Scouts sent its first delegation of seven young people
to the United States in 1968. These encounters planted the seeds that approximately
forty years later are being nurtured and cherished throughout our country; and
WHEREAS, the delegation has a broad knowledge of Israeli and Jewish
history, a high level of scouting achievement, fluency in English, and strong
communication skills. Most of all, they have a love for their country and their people
and a desire to share that love with their brothers and sisters in America; and
WHEREAS, in 2004 there will be three Friendship Caravans: Caravan Arbel,
Caravan Gilboa, and Caravan Tavor. Each Caravan consists of ten Israeli teens; five
boys and five girls, ages 16 and 17 plus two young adult leaders; and
WHEREAS, the Caravans will travel to almost fifty states gtvmg
approximately 450 performances during the months of June, July, and August before
returning home to Israel; and
WHEREAS, Caravan Tavor will be hosted by Shelly Weil and will stay at the
Hamlet Country Club while perfonnlng in Delray Beach and around the South
Florida Area.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby recognize and commend
TZOFIM FRIENDSHIP CARA VAN TA VOR
for helping to spread the message of peace, friendship and brotherhood through their
performances.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be afftxed the 8th day of June,
2004.
JEFF PERLMAN
MAYOR
~f\
---_._-_.._-_..~-
tJ/<.
~
TO: DAVID T. HARDEN, CITY MANT~ ~'
THRU: PAUL DORLlNG, DIRECTOR OF LANNING AND ING
FROM: NGUYEN TRAN, SENIOR PLANNER ..
SUBJECT: MEETING OF JUNE 8, 2004 1/r ... ~ONSENT AGENDA ...
CONSIDERATION FOR FINAL PLAT APPROVAL FOR A 2-LOT, SINGLE FAMILY
MINOR SUBDIVISION KNOWN AS PJB LLC PLAT, LOCATED ON THE NORTHEAST
CORNER OF MARTIN LUTHER KING JR. DRIVE (NW 2nd STREET) AND NW 5TH
AVENUE WITH AN ASSOCIATED WAIVER TO THE ALLEY IMPROVEMENT
OBLIGATION (LDR SECTION 6.1.2(A)(2)(a».
The subject property is located at the northeast corner of NW 2nd Street and NW 5th Avenue, within Block 26 of
the Town of Linton (Now Delray) Plat. The property is unplatted and measures 150' along NW 5th Avenue and
135.5' along Martin Luther King Jr. Drive. The site is vacant except for the encroachment of a 5' wide concrete
sidewalk installed on the property adjacent to NW 5th Avenue right-of-way. The proposal is to subdivide the
property into two (2) single-family, buildable lots through the platting process. Both lots will take access from NW
5th Avenue.
Waiver Analvsis:
Pursuant to Land Development Regulations (LOR) Section 6.1.2(A)(2) Improvement Obligations, When the street
or alley is located on a boundary of the project, the project is responsible for providing one-half of the current
costs (in cash funds) of such improvements along its property line unless the project requires greater
participation.
As previously mentioned, access to the site will be taken from NW 5th Avenue. NW 5th Avenue is paved as well
as Martin Luther King Jr. Drive. However, the 16' alley right-of-way adjacent to the east is unimproved. The
alleyway In question has been identified as a good candidate for abandonment according to the City Wide Alley
Abandonment Project. The applicant has requested a waiver to this improvement requirement as it is listed for
potential abandonment.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the
granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
The required improvement obligation is associated with the platting of the property and at this time, no building
permits have been issued for any improvements to the overall site. While the alleyway is unimproved, it does not
appear to be heavily utilized by the property owner or surrounding residents for secondary access to their rear
yards. With the City Wide Alley Abandonment Project, this alley has been identified for abandonment and at this
time, there is no improvement program for this alley. In addition, no municipal or private utilities have been
located within this portion of alleyway.
At a recent DSMG (Department Services Management Group) meeting, the alleyway improvement obligation was
a topic of discussion as well as the status of the City Wide Abandonment Project. The DSMG decided that it
would be more appropriate to defer the improvement obligation rather than waiving the obligation in the event this
alley does not get abandoned with the City Wide Abandonment Project. This may require the property owner to
provide his pro rata share for construction (via assessment district) for future improvement to the alley. It is noted
that the deferral can be supported in certain situations when associated with secondary access, however, it is
should not be supported for rights-of-way that are used as primary access to property.
8A
City Commission Documentation
Meeting of June 8, 2004
PJB LLC Plat and Waiver
Page 2
.....11
The proposal is to subdivide the subject property (150' x 135.5') into two single family lots. Both lots will conform
to R-1-A (Single Family Residential) district standards per minimum iot size requirements.
Plat Analvsis:
Pursuant to LDR Section 3.1.1, prior to 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 in the application, the staff
report, or minutes. Findings shall be made by the Board to approve or deny the development application. These
findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive
Plan, and Compliance with the Land Development Regulations.
The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units per acre)
and is in the R-1-A (Single Family Residential) Zoning District. Within the R-1-A zoning district, conventionally
sited single family detached residences are allowed as a permitted use. The addition of 2 new dwelling units will
have a minimal impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of
service standards. Water service is available via connection to an existing 6" water main in NW 5th Avenue and
sewer service is available via a service lateral connection to an existing 8" sewer main in NW 5th Avenue. No
internal street system Is proposed with this development as the each lot will take direct access from NW 5th
Avenue. An additional 5' r~ht-of-way dedication is shown along NW 5th Avenue as well as a 20' corner clip at the
northeast corner of NW 2 Street and NW 5th Avenue. The existing 5' concrete sidewalk will be replaced and
reinstalled within NW 5th Avenue right-of-way. A park impact fee of $500 for each unit will be collected prior to the
issuance of a building permit and the Palm Beach County School District has approved the application for
Concurrency Determination for 2 single family residential units.
Pursuant to LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a
finding of overall consistency is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat
Actions.
Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency and
Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations can be
made.
By separate motions:
Move a recommendation of approval of the request for a Final Plat for PJB LLC Plat, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3
(Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land
Development Applications) of the Land Development Regulations; and,
Move a recommendation of approval of the request for deferral of the alley improvement obligation, by adopting
the findings of fact and law contained in the staff report, and finding that the request and approval thereof, meets
criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations.
Attachments:
· Appendix A
· Location Map
· Reduced Survey and Reduced Plat
s:\ P&Zlboards\city commission\PJBLLG-Waiver and Plat.doc
City Commission Documentation
Meeting of June 8, 2004
PJB LLC Plat and Waiver
Page 3
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable X
Meets intent of standard
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 ofthe Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the Open
Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation modification
may have upon an existing neighborhood. If it is determined that the widening or
modification will be detrimental and result in a degradation of the neighborhood, the project
shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned in a
manner which is consistent with adjacent development regardless of zoning designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity are
appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
Not applicable
City Commission Documentation
Meeting of June 8, 2004
PJB LLC Plat and Waiver
Page 4
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in the Housing Element. This
shall be accomplished through the implementation of policies under Objective B-2 of the
Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would create
a new high accident location, or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to remedy the accident
situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all
new housing developments as part of the design to accommodate households having a
range of ages. This requirement may be waived or modified for residential developments
located in the downtown area, and for infill projects having fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444
TELEPHONE 5611243-7090· FACSIMILE 561/278-4755
DELRA Y BEACH Writer's Direct Line: 561/243-7091
f L 0 . I b ...
b*d
Al-AmIrIca City
~~IIE MEMORANDUM
DATE: May 25, 2004
TO: City Commission
David Harden, City Manager
~ ----..c::)
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Abandonment Resolution 43-04 (Morse KIA Automotive)
On March 18, 1997 the Commission adopted Resolution 21-97 that provided for
the abandonment of a 26' strip of additional right-of-way adjacent to Dixie Highway
and just north of Fladell Way. The abandonment was conditioned upon the
applicant providing easement deeds over the abandoned area for public utilities.
The applicant never provided these easement deeds, thus, the abandonment has
not occurred. The applicant now wishes to conclude the abandonment, but, due to
the length of time that has passed since Resolution 21-97 was adopted the
applicant has requested that the City adopt a new resolution and provide for the
easement area in the resolution so there will not be a question as to whether an
easement was provided.
The proposed resolution abandons the 26' strip of land adjacent to Dixie Highway
and just north of Fladell Way. The City shall retain an easement over a portion of
the abandoned area for utility purposes.
Our office requests that this item be placed on the June 8, 2004 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Roger Saberson, Esq.
~ß
RESOLUTION NO. 43-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED JUST NORTH OF FLADELL'S
WAY, AS MORE P ARTICULARL Y DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTIUTY
EASEMENT OVER A PORTION OF THE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, had previously adopted Resolution 21-97,
which abandoned the area, subject to the City receiving certain easement deeds; and
WHEREAS, the City never received those easement deeds, thus, in accordance with
the abandonment resolution, it never became effective; and
WHEREAS, the Owner has now requested that the City abandon this area, with the
City retaining certain easements over the area; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(0), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, fOnTIally reviewed the matter at a public hearing on July 15, 1996,
and recommended approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over a
portion of the area; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5), but does not abandon and retains and
reserves unto itself a utility easement over a portion of the area thereof, as more particularly
described herein, for the purpose of emergency access and constructing and/or maintaining, either
over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used
for various public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Resolution No. 43-04
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the real property as described as follows:
The East 26 feet of the West 76 feet (area dedicated as additional right-of-way for
Dixie Highway), less the South 25 feet thereof, Plat of Aiden, according to the Plat
thereof, as recorded in Plat Book 29 at Pages 211 and 212 of the Public Records of
Palm Beach County, Florida.
but does not abandon and retains and reserves unto itself a utility easement over the area as
described in Exhibit "A", (2 pages) attached hereto, for the purpose of emergency access and
constructing and! or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various public utilities whether owned by the City
or private corporations.
PASSED AND ADOPTED In regular seSSion on this the - day of
,2004.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 43-04
SKETCH OF DESCRIPTION
EXHIBIT '~ n
50.0' t- ~
30.0' 50.0' ;<:
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....~¡ SHERWOOD PONTIAC
1-, ~~t- PLA T NO. 1
~! ).... (PIA T BOOK 84, PAGES 51 & 52)
egs~ NORTH LIE OF PLA T OF ADEN
<.)1 ~ "'CL¡:Q:: o '6.0' (PLA T BOOK 29, PAGES 211 & 212)
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QI ~ 76U
ð (PLA T BOOK 29, PCs. 211 & 212)
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50.0' 30.0' SO,O'
OESCRPT1ON:
TI£ NORTH 13 FFIT OF T/£ FOLLOWNG OESCRBED PARCEL: p, I.L D. ENGLE
SURVEYOR & MAPPER
TI£ EAST 25 FEET OF TI£ WEST 75 FEET, OEDICA TED AS
AlXJITlONAL RIGHT OF WA Y FOR DfX£ HGHWA Y, PLA T OF ADEN. DA TE: MARCH 17, 2004
ACCORDNG TO TI-£ PLA T T1£REOF, AS RECORDED N PLA T
BOOK 29, PAGES 211 AM) 212 OF TI-£ PU8UC RECORDS OF O'BRIEN, SUITER &- O'BRIEN, /NC
PALM BEACH COUNTY, FL9R1DA. CERTIFICA TE OF AUTHORIZA TION ~LB353
SURVEYOR AND MAPPER IN RESP NSlBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
ORDER NO. 01-1JJ-E DELRA Y BEACH FLORIDA 33483
(561) 276-4501 (561) 732-3279
~ SKETCH OF DESCRIPTION
L..I EXHIBIT "A"
....
~
II)
2
30.0'
NORTH LNE OF NOTES:
PLA T OF ADEN
THIS IS NOT A SURVEY
THE NORTH LNE OF THE PLA T OF
ADEN IS ASSUMED TO BEAR EAST
~N
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)... as ~~ ~ DESCRPTJON:
I-~ ~
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'« L.a.J<\i THE WEST 12 FEET OF THE FOLLOW/IIG
~ Q:~
~ ~~ ~ Q13 DESCRIBED PARCEL.
I- ~ -oq:(5
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::t: it 8Q;¡ <: It..~ THE EAST 26 FEET OF THE WEST 76 ÆET
~ ~ ~~ à Go;' (AREA DEOICA TED AS ADDITIONAL RIGHT OF
a ~ WA Y FOR DlXE HlGHWA Y), LESS THE SOUTH
~ '«it c; f-,..C>,:: 25 FEET THEREOF, PLA T OF ADEN.
c:::¡ (r¡= ~ -oq:o ACCOR£JIIIG TO THE PLA T THEREOF AS
.... '«)... a
c::a I- Q~ ët~ RECORDED /II PLA T BOOK 29, PAGES 211
ð (r¡ ~;t;: AND 212 OF THE PUBLIC RECORDS OF PALM
~ g~ '« BEACH COUNTY. FLORIDA.
it
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EXHIBIT ':4"
SOUTH Lf£ OF Yo., Q\:).
PLA T OF ADEN PAUL D. ENGLE
SURVEYOR AND MAR
FLADEJ WAY ~
30.0' DA TE: APRIL 9, 2004
26.00' O'BRIEN, SUITER &< O'BRIEN, INC
76.00' EAST CERTlFlCA TE OF AUTHORIZA TlON ILB353
SOUTH LNE OF SURVEYOR AND MAPPER IN RESPONSIBLE
PLA T OF ADEN CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 3J483
ORDER NO. 01-133"U¡;" (561) 276-4501 (561) 732-3279
þ16tf ~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Writer's Direct Line: 561/243-7091
,t 0 I I P"
b.e:d
AIoAmerlca CIty MEMORANDUM
~~II'! DATE: May 25, 2004
TO: City Commission
David Harden, City ~er
~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Right ofWav Deed (Morse KIA Automotive)
This right-of-way is required from the property owner in order to provide for a unifonn
right-of-way on Fladell Way. Currently the right-of-way in this area is substandard.
Our office requests that this item be placed on the June 8, 2004 City Commission agenda
for acceptance.
Please call if you have any questions.
Attachment
cc: Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Roger Saberson, Esq.
~c..
,
'.
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue'
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this -1- day of -P.ra"(/lN'C- , 20~ between
Morse Operations. Inc. , with a mailing address of 6363 NW 6th Way.
Suite 400. Ft. Lauderdale. FL , as party of the first part and CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
!
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HA VB AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
~/ P
B
(Name printed or typed)
L.. r1\ (Address)
e printed or typed)
STATE OF FLORIDA
COUNTY OF BIWWARD
The foregoing instrument was acknowledged before me this --'--- day of
~ -...1< _ , 200~, by Edward J. Horse . as Chief.Executive Officer
name of officer or agent, title of officer or agen~, of Horse Operations. Inc.
(name of corporation acknowledging), a Flori a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personall known to me or has produced
(type of identification) as identi tio .
~\\lIIIIIIIII'",,1.
~"\es H. Stevell~'~
§. ........ IS" ~
~ ...;-'''\SS/ON~.. ~
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~ f~ '%,\ ! Name Typed, Printed or Stamped
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EXHIBIT "A" TO RIGHT-OF-WAY DEED
A PORTION OF THE PLAT OF AlDEN, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 29, PAGE 211, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID PLAT OF AlDEN;
THENCE N 90" 00' OO"E, ON AN ASSUMED BEARING ALONG THE SOUTH LINE
OF SAID PLAT, A DISTANCE OF 76.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE N90' 00' OO"E, ALONG SAID SOUTH LINE, A DISTANCE
OF 39.00 FEET; THENCE N 00' 00' OO"E, CONTINUING ALONG THE
BOUNDARY OF SAID PLAT OF AlDEN, A DISTANCE OF 25.00 FEET; THENCE
N90' 00' OO"W, A DISTANCE OF 39.00 FEET; THENCE SOO' 00' OO"E, A
DISTANCE OF 25.00 FEET TO THE SOUTH LINE OF SIAD PLAT AND THE
POINT OF BEGINNING
________n_
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt"1
SUBJECT: AGENDA ITEM # gÇ) - REGULAR MEETING OF JUNE 8. 2004
RESOLUTION NO. 44-04
DATE: JUNE 4, 2004
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from eight (8) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 44-04.
Agmemo.A V.Res No 44-04
RESOLUTION NO. 44-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR' ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof ( for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner (8) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner{s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s) ; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS,
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City r s cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel (s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall , if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
'.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner (s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be
placed on said property, and interest will accrue at the rate of 8% per annum, plus
reasonable attorneyrs fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30) days after the mailing date of the notice of said
assessment(s) , after which a lien shall be placed on said property(s) , and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
, at the rate of 8%, and collection costs including a reasonable attorney's fee.
Res. No. 44-04
---.-
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the day of
, 2004.
MAY 0 R
ATTEST:
City Clerk
Res. No. 44-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SEC 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 OF
LOT 11 (LESS E 33 FT SWINTON AVE & S 20 FT
SW 8TH RD RIW) PB 26, P 68, PUBLIC RECORDS BEREA EVAN. MISS. BAPTIST
OF PALM BEACH COUNTY, FL C/O JOSEPH J. FRANCOIS &
(710/714 SOUTH SWINTON AVENUE) M. DOLCINE/DIRECTORS
PC# 1243462001 011 0021 251 ROSS DRIVE
CUST ID # 8441/35616 DELRAY BEACH, FL 33445 $ 45.00
SEC 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 OF
LOT 11 (LESS E 33 FT SWINTON AVE & S 20 FT
SW 8TH RD RIW) PB 26. P 68, PUBLIC RECORDS BEREA EVAN. MISS. BAPTIST
OF PALM BEACH COUNTY, FL C/O JOSEPH J. FRANCOIS &
(710/714 SOUTH SWINTON AVENUE) M. DOLCINE/DIRECTORS
PC#1243462001 011 0021 251 ROSS DRIVE
CUST ID # 8441/35616 DELRAY BEACH, FL 33445 $ 45.00
S 30.5 FT OF LOT 22 & N 39.5 FT OF LOT 23,
BLOCK 10, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(918 SE 3RD AVENUE) JEAN A. DORILAS &
PC # 12 43 4621010100221 MARLEINE C. DORILAS
CUST ID # 5655/35603 732 SE 3RD AVENUE
.._~ DELRAY BEACH, FL 33483 $ 45.00
DELRAY MANOR ADD TO DELRAY, LOT 85 &
W 10 FT OF LOT 86, PB 12, P 59,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MINOCOL KEDGER &
(903 SW 6TH AVENUE) JAMES LEDGER
PC # 12434620120000850 903 SW 6TH AVENUE
CUST ID # 10444/35604 DELRAY BEACH, FL 33444 $ 45.00
SUNSET PARK DELRAY, LOT 52, PB 12, P 65
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(1019 MANGO DRIVE) RENE RAMOS
12434620160000520 1019 MANGO DRIVE
CUST ID # 10382/33135 DELRAY BEACH, FL 33444 $ 45.00
4
Res. No. 44-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
SUNSET PARK DELRAY, LOT 13, PB 12, PB 65
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(1054 SUNSET AVENUE) ESTONE MERVIL
12434620160000130 1054 SUNSET AVENUE
CUST 10 # 10383/33136 DELRAY BEACH, FL33444 $ 45.00
TOWN OF DELRAY, S 50 FT OF N 485 FT OF
W 135 FT OF BLOCK 13, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SALLIE M. COLE &
(37 SW 7TH AVENUE) EVELYN C.FEL TON
12434616010130060 37 SW 7TH AVENUE
CUST 10 # 10384/33137 DELRAY BEACH, FL33444 $ 45.00
DELRAY SHORES 1ST ADDITION, LOT 12, BLOCK 7,
PB 24, P 233, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(2920 DORSON WAY) CHARLES R. OXIDINE
12434607020070120 2920 DORSON WAY
CUST 10 # 10385/33138 DELRAY BEACH, FL 33445 $ 45.00
--
f---- ---- -- VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
II I
5
Res. No. 44..()4
.-----
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt"'Î
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 8. 2004
RESOLUTION NO. 45-04
DATE: JUNE 4, 2004
This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe
structure located at 709 SW 2nd Terrace.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
Recommend approval of Resolution No. 45-04.
Agmemo.EMERG.boardup.Res. No 45-04
-~---
RESOLUTION NO. 45-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8/ "UNSAFE BUILDINGS" ,
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; andl
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and¡
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and!
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel (s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s ) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s} that the City
j Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
2
Res. No. 45-04
the rate of six percent (6%) per annum, plus reasonable attorneyrs fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s) , and interest shall accrue at the rate of six percent (8%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 8%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
, 2004.
MAY 0 R
ATTEST:
City Clerk
3
Res. No. 45-04
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: GLORIA (MACON) THOMPSON
MAILING ADDRESS: 10445 CRANCHESTER WAY
ALPHARETTA, GA 30022
PROPERTY ADDRESS: 709 SW 2ND TERRACE
LEGAL DESCRIPTION: LOT 18, CARVER SQUARE ACCORDING TO PLAT BOOK 24,
PAGE 11 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $200.00 by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 2004 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on March 23. 2004 that the Chief Building official had
determined that a building/slructure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
_X_You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Conslruction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board ofConslruction Appeals.
You appealed the decision of the Chief Building official to the Board of
Conslruction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Conslruction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Conslruction
upheld the decision ofthe Chief Building Official.
4 Res. No. 45-04
-
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on Januarv 28. 2004
at a cost of $640.89 which includes a ten percent (10%) administrative fee. If you fail to
pay this cost within thirty (30) days, that cost plus additional administrative and recording
costs shall be recorded in the official Records of Palm Beach County, Florida against the
above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
5 Res. No. 45-04
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGERtJ7'1
SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF TUNE 8. 2004
RESOLUTION NO. 46-04
DATE: JUNE 4, 2004
This is a resolution assessing costs for abatement action reqooed to remove nuisances on twelve (12)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 46-04.
AgmemoCE.Res No 46-04
----...------
RESOLUTION NO. 46-04
A RESOLUTTON OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTTCE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances f declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land{s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.201 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner (s) did request and receive a hearing, said
property owner (s) failed and/or neglected to abate such nuisance (s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance{s} as
aforesaid, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s) I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel (s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel (s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment (s) ,
after which a lien shall be placed on said property (s) , and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 46-04
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
2004.
MAYOR
ATTEST:
City Clerk
3
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TROPIC PALMS PLAT NO 1, LOT 264, PB 25, P 99,
PUBLIC RECORDS OF PALM BEACH COUNTY,FL THOMAS DEL FLORE
(509 CURLEW RD - VACANT LOT E OF 511) & JULIAN DEL FLORE ! ,
12434629020002640) . 509 CURLEW ROAD
CUST ID NO 10221/29104 DELRAY BEACH, FL 33444 ! $ 70.75 --
$ 55.00 ADM FEE
-
~,-,- --- --
CHATELAINE NO 1, LOT 17, BLOCK 1,
PB 29, P 94, PUBLIC RECORDS OF ,
PALM BEACH COUNTY, FL
(3336 AVE VILLANDRY) JOCELYNE PROSPER
1243461203001 0170 ' 7504 SW 178TH TERRACE
CUST ID NO. 10446/35618 '~IAMI, FL 331_57 ! $ 157.50
$ 55.00 ADM FEE
--- ..- --
TROPIC ISLE--3RD SECTION, LOTS 411 & 412, --.,.
PB 25, P 36, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(FLORIDA BLVD VACANT LOT NO 2955) I KATHARINE D. MARTENS ,
12434628030004110 '589 DEERFIELD DRIVE i
CUST ID NO 8844/9522 MELBOURNE, FL 32940-1947 $ 54.25
-- $- 55.00
ADM FEE
-- --..- --
1---- -
,
RIDGEWOOD HEIGHTS DELRAY, N 35 FT OF --
,
LOT 3, BLOCK D, PB 68, P 5, PUBLIC ¡
RECORDS OF PALM BEACH COUNTY, FL
(1107 SW 7TH AVENUE) DANIEL PERALES, EST
12 43 46 20 20 004 0032 '1109 SW 7TH AVENUE
¡QLJ!3TJD NO 10434/34177 _ DELRAY BEACH, FL 33444 ! $ 44.25
-- H ~ $ "" ADM FEE
-----.- - -- --
-
- --- -
DELRAY SHORES 1ST ADDITION, LOT 6, BLOCK 17, I
PB 28, P 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
12434607020170060 CLIFFORD RILEY
(600 LAWRENCE ROAD) 600 LAWRENCE ROAD
~IID#10476 DELRAY BEACH, FL 33445 $ 68.50
$ 55.00 ADM FEE
--
--
4
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
HOMEWOOD PARK REPLAT, LOT 1, PB 29, P 13, IIJAMES BATMASIAN
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(654 WEST DRIVE)
12434619060000010 1!~15 NO. FEDERAL HIGHWAY
CUST ID # 10478 ,BOCA RATON, FL 33432 $ 48.50
--------....., $ 55.00
ADM FEE
~..'."-'-'-'
-----.. ---
......---
TOWN OF DELRAY, LOT 9, BLOCK 81, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(321 & 323 NE 2ND AVENUE) EILEEN MERKEL
12434616010810090 1355 NW 21ST TERRACE
CUST ID # 10480 DELRAY BEACH, FL 33445 $ 13.25
$ 55.00 ADM FEE
--.-----------,.--- --.- --------- ---------- ______..on .. ___ ~___.._._ ...._..._. .....____..________ --,~_.._-
---~-~-----~
LAKE HEIGHTS, LOTS 2 & 3, BLOCK C,
PB 23, P 206, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL IGOR J. OTETCHESTVENNYI
(2402 SEACREST BLVD) ,& CHRISTINE VURGANOV
12434604130030020 2402 SEACREST BLVD.
CUST ID # 10482 I DELRAY BEACH, FL 33444 $ 13.25
--- - I'
: $ 55.00 ADM FEE
--..'_.,, II ,
.'._--- I:
PINE TRAIL SEC 11, W 40 FT OF LOT 1, I:
BLOCK 7, PB 32, P 153, I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(4932 NW 6TH COURT) DONNA D. BRUNER
12424612080070011 714 NE 9TH AVENUE
CUST ID # 10490 BOYNTON BEACH, FL 33435 $ 57.50
--------- _.'m_.__m......._.._________
$ 55.00 ADM FEE
_______',_ ... .·......n.. ...___
WOODVUE, LOT 11, PB 37, P 19, PUBLIC --',----.-- ._-
RECORDS OF PALM BEACH COUNTY, FL
(2320 GREENBRIER DRIVE) RANDOLPH H. PETREN
12434630050000110 2320 GREENBRIER DRIVE
CUST ID # 10052 DELRAY BEACH, FL 33445 $ 68.50
-,---.....---..--.. $ 55.00
ADM FEE
---_.._.._,-_.~..
n_.._
CHATELAINE NO.1, LOT 17, BLOCK 1, PB 29, ~~
P 94, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(3336 AVE VILLANDRY) JOCELYNE PROSPER
12424612030010170 )504 SW 178TH TERRACE
CUST ID # 10446 MIAMI, FL 33157 $ 97.50
.__.u..__ - n___ ,. -'" ~r 55.00
--..--- ADM FEE
~ ~ ~~-~~ . .
~_._-- -.---.
5
Res. No. 46~04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
,
200 NE 5TH AVENUE LLC
L R BENJAMINS SUB, LOT 33, PB 12, P 18, CIO LAW OFFICE
PUBLIC RECORDS OF PALM BEACH COUNTY, FL , J.L. GREENBERG
(NE 5TH AVENUE) 4800 NO. FEDERAL HIGHWAY ,
12434616470000330 # 304-0
CUST 10 # 10466 BOCA RATON, FL 33431 $ 81.75
-..---.. $ 55.00
ADM FEE
.'-- --.--
~- - ~~ ,
- -~
...- -~ ._'. --.-
- ~ ~- ~--
~ -
_.'.. -~ ~ ~ -
-~
-
- -
- - II ~- -
~-~ T --
-~- VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF ---~
- --~--- DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, 1--
- --- ~ --
--- DECLARED NUISANCE. -- -~
1----- ~~
II I ,
6
Res. No. 46-04
""1"'1'" ~
,'...'....', -""->': '''>'<''. ...... .. ,,_.. '
'".... .><
,-.,.,,'1>">'" '+1
TO: DAVID T~DEN, TV ANAGER
THRU: PAUL D R~IRECTO F PLANNING AND ZONING
FROM: ROBERT G. TEFFT, SENIOR PLANNER ~ß/7.¡~
SUBJECT: MEETING OF JUNE 8, 2004 ""CONSENT AGENDA""
ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH PARADISE SALON
STUDIOS
The action requested of the City Commission is acceptance of a right-of-way deed associated with
Paradise Salon Studios, located at 140 NE 2nd Avenue, within the Pineapple Grove Main Street Area.
At its meeting of April 14, 2004, the Site Plan Review and Appearance Board (SPRAB) approved a Class
III site plan modification, landscape plan and architectural elevations associated with Paradise Salon
Studios. The proposal included the conversion of 175 square feet of first floor general commercial floor
area to restaurant floor area (break area); the conversion of the second floor office (800 square feet) and
mezzanine (2,098 square feet) floor area to general commercial floor area (2,898 square feet); the
interior expansion of the second floor adding 160 square feet of general commercial floor area; and
reconfiguration of the existing parking areas (26 spaces) to accommodate 30 parking spaces. The
conditions of approval included the recording of a right-of-way deed dedicating four feet (4') of alley right-
of-way along the west side of the property.
The currently dedicated alley right-of-way is 16' with a paved width of approximately 13'. The
development proposal is intensifying the use of the property and will provide back-out parking spaces
and garbage pick-up off the alley. The City Engineer has determined that the width of the alley should
be expanded to a width of 20', which is consistent with the widths provided with recent redevelopment
proposals in the CBD. The properties located along the west side of the alley are located in the Old
School Square Historic Arts District (OSSHAD) zoning dislricl. Consequently, the likelihood of the
extensive redevelopment of these properties at the density and intensity of the properties in the CBD is
remote. Therefore, a dedication of four feet (4') from the subject property is required and has been
depicted on the site plan. It is noted that the full width of the alley (following dedication) will need to be
paved and was also a condition of site plan modification approval. The City Attorney has reviewed the
right-of-way deed for legal sufficiency and form, and determined it to be acceptable.
By motion, accept the right-of-way deed associated with Paradise Salon Sludios.
Attachments: Location Map, Site Plan, and Right-of-Way Deed
EG
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DELRAY BEACH, FLORIDA ~!~ ::
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Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
. THIS INDENTURE made this ~ day of ø 4-";1' ,200j, between
PIM4"( {,,¡.'¡t ~Q(t..tfJ , LI..(. ,with a /mailing address of
SoS AI. f. J(J.. Sf ,.o.t(("'i &4(;1, I FL 3J1fr3 , as party of the fIrst part and CITY
OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation with a mailing address
of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the fIrst part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-
described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit " A· attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second
part, its successors and assigns, a right-of-way and easement in and to said lands for public
highway, street, and public utility purposes; and is made, executed and delivered with the
express understanding and condition that should the same ever be discontinued or abandoned
as a public highway or street, the title to same shall thereupon revert to and revest in the party
of the fITst part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the fITst part agrees to provide for the release of any and
all mortgages or liens encumbering this right-of-way. The party of the fITst part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
Party of the fITst part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described right-of-way and that the
same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the
same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate,
right, titie, interest, and claim whatsoever of the said party of the first part, in law or in equity
to the oIÙY proper use, benefit, and behalf of the said party of the second part, its successors
and assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and
seal the date first above written.
WITNESSES:
ti
ame printed or ~
~A-- V
v)rIa..r r tt é, cA
(Name printed or typed)
STATE OF ¡:¿:'Þ-.
COUNTY OF f/~/fo- &Ac;L--
/lJ The foregoing instrument w
Ilf ' 2001by a/Hf ?
(name of
has produced
not take an oath.
Signature .9f.NO~UbliC -
State of :vtvVl
(SEAL)
.".~~~~.... SUE ELLEN BLODGETT
!m~~ Notory Public - stole of Florida
1· . :., MyCorrmIssbnExpl-esOct9.2006
~~~ ~t Comm¡sslon'DD1~
¿".,fJ~r,~."· Bonded By Notional Notary Assn.
2
SKETCH OF DESCRIPTION
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NORTH LNE NOTES: LJ
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~§ LOT 12 0
THIS IS NO T A SURVEY V)
~~ THE WEST LNE OF LOTS 12 & 13
~I- IS ASSUMED TO BEAR S.O·OO'OO"£.
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;;:: DESCRPTION:
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>- s:> THA T PORTION OF THE WEST 4.00 FEET OF LOTS
<::>
~ ~ 12 AND 13, BLOCK 75, TOWN OF LNTON (MOW
..~ <::> DELRA Y BEACH), ACCORDNG TO THE PLA T THEREOF
«' <:: AS RECORDED N PLA T BOOK 1, PAGE 3, PUBLIC
>- ~O'J ,
~ C'\ RECORDS OF PALM BEACH COUNTY, FLORDA,
~ I¡;~ ~ DESCRBED AS FOLLOWS:
¡:;¡Q c:)
.. ~ ~ BEGNNlNG A T THE NORTHWEST CORNER OF SAD
~
W LOT 12; THENCE 5.0·00'00"£, ALONG THE WEST
,
t; <::> LNE OF SAD LOTS 12 AND 13, A DISTANCE OF
::J s:> 120.49 FEET; THENCE N.89·56'10"E., A DISTANCE
<::>
« ~ OF 4.00 FEET TO A PONT ON A LNE 4.0 ÆET
(¡¡ <::> LOT 12 EAST OF AND PARALLEL TO THE WEST LINE OF
(Jj LOT 13 SAD LOTS 12 AND 13; THENCE N.O·OO'OO"W., A
DISTANCE OF 120.42 FEET TO A POINT ON THE
NORTH LNE OF SAD LOT 12; THENCE N.89·08'35"W.,
A DISTANCE OF 4.00 FEET TO THE PONT OF
BEGNNlNG.
b
~
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-.I N.89·56'10"£.
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::>'« PAUL D. ENGLE
~ct SURVEYOR AND MAPA
~F-..
1<')1<) OA TE: MA Y 14, 2004
\ON
N"'j SOUTH LINE O'BRIEN, SUITER de O'BRIEN, /NC
"'j LOT 13 CERTIFICA TE OF AUTHORIZA TlON JLB353
SURVEYOR ANO MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
OELRAY BEACH FLORIDA 33483
(561) 276-4501 (561) 732-3279
0"
TO: DAVID,~EN
OF PLANNING AND ZONING
THRU: PAUL DORLlNG, DIRECT
FROM: ROBERT G. TEFFT, SENIOR PLANNER~t1(?;~
SUBJECT: MEETING OF JUNE 8, 2004 ··CONSENT AGENDA"
ACCEPTANCE OF A RIGHT-OF-WAY DEED AND LANDSCAPE MAINTENANCE
AGREEMENT ASSOCIATED WITH EAST SIDE LOFTS
The action requested of the City Commission is acceptance of a right-of-way deed and landscape
maintenance agreement associated with East Side Lofts, located at 2050-2100 North Federal Highway,
within the North Federal Highway Redevelopment Area and Overlay District.
At its meeting of October 8, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a
Class III site plan modification, landscape plan and architectural elevations associated with a reduction in
approved retail floor area from 4,500 square feet to 3,767 square feet; the addition of a second floor
containing one (1) one-bedroom apartment and two (2) two-bedroom apartments; and minor parking and
landscape modifications. The conditions of approval included the recording of a right-of-way deed
dedicating ten feet (10') of right-of-way for North Federal Highway, and the recording of a landscape
maintenance agreement for the perpetual upkeep and maintenance of lhe landscape materials proposed
within the newly dedicated North Federal Highway right-of-way.
Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-
way for North Federal Highway is 120' and currently only 100' of right-of-way exists. Thus, the east ten
feet (10') of the subject property must be dedicated and the balance dedicated from the property on the
east side of North Federal Highway upon redevelopment.
Four (4) Royal Palms, Wax Jasmine groundcovers, and a Cocoplum hedge are proposed within the
newly dedicated ten feet (10') of North Federal Highway right-of-way. A landscape maintenance
agreement for the perpetual upkeep and maintenance of these landscape materials is to be recorded.
The City Attorney has reviewed the right-of-way deed and landscape maintenance agreement for legal
sufficiency and form, and has determined them to be acceptable.
By motion, accept the right-of-way deed and landscape maintenance agreement associated with East
Side Lofts.
Attachments: Location Map, SÎte Plan, Right-of-Way Deed, and Landscape Maintenance Agreement
3t\
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Ø5-1Ø-'Ø4 11:24 FROM- GARTER & THOMAS 561368Ø293 T-581 PØ2!15 U-414
Prepared by:
John B. Carter, Esq.
Carter & Thomas, LLP
1200 N. Federal Highwsy, Suite 312
Boca Raton, Florida 33432
RIGHT-OF-WAY DEED
TillS INDENTURE made this _ day of April, 2004, between COUNTRY PINE,
INC., with a mailing address of 1240 Newport Center Drive, Delray Beach, Florida, 33442, as
party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal
corporation with a mailing address of 100 N.W. Ist Avenue, Delray Beach, Florida 33444, as
party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, q uít
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, sidewalk and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the relc:ase of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully wammt the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the Same is
05-10-'04 11:24 FROM- GARTER & THOMAS 5613680293 T-581 P03!15 U-414
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the saJne shall
include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appc:rtaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
COUNTRY PINE, INC. .
:~~¿~~
q¿ç ~1'vQ~lJ ~,
(;~t~S~)~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this Ú day of May,
2004 by Bernard Molyneux, President, of COUNTRY PINE, INC., a Florida corporation, on
behalf of the corporation. He is personallv known to me or has produced
(type of identification) as identifica' n and did/did not take an
oath.
Signa n Taking Acknowledgment
';j:; F_J.VIIonIIn
. . My co.,,,úlLtllon 0018 un
\;..':/ E._ Moy 11. 20Cftrame Typed, Printed or Stamped
2
05-10-'04 11:25 FROM- CARTER & THOMAS 5613680293 T-581 P04/15 U-414
,
Exhibit A
Only that certain quadrangle consisting of the easternmost portion of the property more
particularly described as: beginning on the northeast comer of Lot I-A of DBLRAY
BEACH ESTATES, according to the plat thereof, recorded in Plat Book 21, Page 13, of
the Public Records of Palm Beach County, Florida; thence westerly for 10 feet, thence
southerly (measured at right angles) to the southernmost end of the property, thence
easterly for 10 feet (measured at right angles), thence northerly (measured at right angles)
to the northernmost end of the parcel of land with the improvements thereon, lying, being
and situate in Section 4, Township 46 South, Range 43 East, Palm Beach County, more
particularly described as follows:
Beginning on the southwest comer of Lot I-A of DELRAY BEACH ESTATES,
according to the plat thereof, recorded in Plat Book 21, Page 13, of the Public Records of
Pahn Beach County, Florida; thence southerly along a line parallel to, and 130 feet
easterly measured at the right angles from the center line or the right of the right of way
of Florida East Coast Railway and being in the easterly line of the right of way of the
Dixie Highway through this parcel, 202.22 feet, more Or less, to a point in a line parallel
to and 200 feet southerly (measured at right angles) from the south line of said Lot I-a of
DELRAY BEACH ESTATES; thence easterly along said parallel line, 193.75 feet, more
or less, to a point in the westerly right of way line of State Road No.5 (U.S. Highway
No.1) thence northerly along said westerly right of way line and being a line parallel to
and 50 feet westerly from the center line of said State Road No.5, 205.6 feet, more or
less, to the southeast comer of said Lotl-AofDELRAY BEACH ESTATES: thence
westerly along the south line of said Lot I-A, 211.49 feet to the point or place of
beginning.
LESS a triangular parcel ofland as described in Deed Book 1012, Page 395, of the public
records of Palm Beach County, Florida, which is described as: beginning at the
intersection of the easterly right-of-way line of the Dixie Highway with a line parallel to,
and 200 feet southerly (measured at right angles) from the south line of DELRAY
BEACH ESTATES, according to the plat thereof recorded in Plat Book 21, Page 13, of
the public records of Palm Beach County, Florida; thence easterly along said parallel line
193.75 feet, more or less, to a point in the westerly right-of-way lien of State Road No.5
(U.S. Highway No. I); thence westerly to a point in the easterly right-of-way line of said
Dixie Highway, 25 feet northerly, measured along said right-of-way, from the point of
beginning; thence southerly along said easterly right-of-way line 25 feet to the point of
beginning.
~-
Prepared by:
John E. Carter, Esq.
Carter & Thomas, LLP
1200 N. Federal Highway, Suite 312
Boca Raton, Florida 33432
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this _ day of May, 2004 by and between the City of
Delray Beach, Florida ("City") and Country Pine, Inc. ("Owner").
WIT N E SSE T H:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with Ihe City's landscape Ordinance the Owner shall be
allowed to install landscaping material in the right-of-way located at 2050-2 roo North Federal
Highway, Delray Beach, Florida 33483 pursuant to the tenns ofthis Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandonment by the City of the public right-of-way of 2050-2roO North Federal
Highway, Delray Beach, Florida 33483; and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of-
way purposes; and,
WHEREAS, the public will benefit ITom the beautification of areas along its streets by
the addition of landscaping; and,
WHEREAS, this Agreement is nol effective unless the Owner has submitted a landscape
plan and it has been approved by the City; and,
05-10-'04 11:26 FROM- CARTER & THOMAS 5613680293 T-581 P11/15 U-414
WHEREAS, the parties hereú> mutually recognize the need for entwing into an
Agreement designating and setting forth the responsibilities of each party.
NOW, TIIEREFORE, in consideration of the mutual covenants and condítions contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
I. The Parties hereby represent and wmant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Owner shall perfonn all conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping, The subject property, further described in Exhibit "A", shall
have an approved landscape plan, Exhibit "B". attached hereto and incorporated herein by
reference.
3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge
or grass material or any other material as required by the Owner's approved landscaping plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper fertilization
of all plants and keeping them as free as practicable ftom disease and harmful insects; to properly
mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper
height; to properly prune all plants which includes (1) removing dead or diseased parts of plants,
or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or removing
or replacing those that fall below original project standards. All plants removed for whatever
2
reason shall be replaced by plants of the same grade, not necessarily the same plant but of
acceptable quality to the City and Ihe Owner, as specified in the original plans and specifications
and of a size comparable to those existing at the time of replacement. To maintain also means to
keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items
which would be scientifically classified as plants and include but are not limited to trees, grass,
or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come to
the attention of the City that the landscaping is not properly maintained pursuant to the tenns and
conditions of this Agreement then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner
shall have a period of thirty calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the City may at its option, proceed as
follows:
(a) Mainlain the landscaping or part thereof, and invoice the Owner for expenses
incurred.
(b) Tenninate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping installed in
the right-of-way by the Owner.
7. If for any reason the City decides that it needs the right-of-way of 2050-2100
North Federal Highway, Delray Beach, Florida 33483 or for any other public purpose this
Agreement shall tenninate, and the Owner shall be required to comply with the City's current
Code of Ordinances regarding landscape requirements.
3
05-10-'04 11:27 FROM- CARTER & THOMAS 561368Ø293 T-581 P13/15 U-414
8. The Owner shall indemnify and hold harmless the City, its officers and employees
ftom all suits, actions, claims and liability arising solely out of the Owner's installation and
maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understandings and agreements between the parties with
respect to such matters are merged into this Agreement, which alone fully and completely
expresses their Wldcrstanding.
10. This Agreement may not be assigned or transferred by the Owner, in whole or part
without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs, successors,
legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm
Beach County and shall run with the land.
12. This Agreement shall be governed by and constroed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this _ day of April, 2004.
ATIEST: CITY OF DELRAY BEACH. FLORIDA
By:
City Clerk . Mayor
Approved as to legal fonn
and sufficiency:
City Attorney
1£SFB~l ~~-I-
~~. - tJf..£l dent
4
05-10-'04 11:27 FROM- CARTER & THOMAS 5613680293 T-581 P14/15 U-414
.
(Print or Type Name)
~~
.., WI+¡/'
. (Print or e Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
.
Not ,....'" FronoesJ.Valenttn
. ~ . My Commillion 00_2
~..::.I expires May 11, 2008
(Print or Type Name)
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
5
1iJ5-11iJ-'Ø4 11:27 FROM- CARTER & THOMAS 5613681iJ29 T-581 P15/15 U-414
.
Exhibit A
A parcel of llIIId with the improvements thereon, I . g, being IIIId situate in SectiOIl 4,
Township 46 South, Range 43 East, Palm Beach Co ty, more particularly described as
follows:
Begimring on the southwest comer of Lot I-A f DELRAY BEACH ESTATES,
according to the plat thereof, recorded in Plat Book 21, Page 13, of the Public Records of
Palm Beach County, Florida; thence southerly alon a line parallel to, and 130 feet
easterly measured at the right angles from the center . ne or the right of the right of way
of Florida East Coast Railway and being in the east Iy line of the right of way of the
Dixie Highway through this parcel, 202.22 feet, more r less, to a point in a line parallel
to and 200 feet southerly (measured at right angles) m the south line of said Lot I-a of
DELRAY BEACH ESTATES; thence easterly along aid parallel line, 193.75 feet, more
or less, to a point in the westerly right of way line 0 State Road No. 5 (U.S. Highway
No. I) thence northerly along said westerly right of w y line and being a line parallel to
and 50 feet westerly from the center line of said Stat Road No.5, 205.6 feet, more or
less, to the southeast comer of said Lot I-A of DE YBEACHESTATES: thence
westerly along the south line of said Lot I-A, 211 49 feet to the point or place of
beginning.
LESS a triangular parcel of land as described in Deed oak 1012, Page 395, of the public
records of Palm Beach County, Florida, which is described as: beginning at the
intersection of the easterly right-of-way line of the D' . e Highway with a line parallel to,
and 200 feet southerly (measured at right angles) m the south line of DELRAY
BEACH ESTATES, according to the plat thereofreco ed in Plat Book 21, Page 13, of
the public records of Palm Beach County, Florida; the ce easterly along said parallel line
193.75 feet, more or less, to a point in the westerly ri t-of-way lien of State Road No.5
(U.S. Highway No. I); thence westerly to a point in th easterly right-of-way line of said
Dixie Highway, 25 feet northerly, measured along sai right-of-way, ftom the point of
beginning; thence southerly along said easterly right- f-way line 25 feet to the point of
beginning.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !1'1
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 8. 2004
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
THE MERIDIAN
DATE: JUNE 4, 2004
This is before the City Commission to authorize approval of a hold harmless agreement for work
perfottned within the state right-of-way. Mallory II, L.L.c. is the owner of The Meridian Project,
(located between S.E. 3'" Street and S.E. 4'" Street on the east side of northbound Federal Highway).
The developer is required to construct an eight (8) inch water main within the state right-of-way. The
Florida Department of Transportation requires the City to sign the permit on behalf of the developer.
The proposed agreement provides that the developer will hold the City harmless for the general work
to be perfottned under the permit.
Recommend approval of the hold harmless agreement for work perfottned within the state right-of-
way between the City and Mallory II, L.L.c.
S:\City Clerk\agcnda memos\Hold Harm1essAgmt.Meridîan.06.08.04
{lß?fJt-
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Writer's Direct Line: 561/243-7091
'10.' D"
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ØAmerlca CIty MEMORANDUM
~'II'! DATE: May 21, 2004
TO: City Commission
David Har~, City Manager
,~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: FDOT Utilitv PermitlHold Harmless AIrt. with Developer
The Meridian is a proposed development located between S.E. 3rd Street and S.E. 4th Street
on the east side of Federal Highway. The Developer has been required to construct an 8"
water main within the State right-of-way in order to connect to an existing water main.
The Florida Department of Transportation (FDOT) requires the City to act as the utility
permit applicant.
The attached hold harmless agreement will hold the City harmless for work performed by
the developer in the State right-of-way. I have also attached a copy of the standard FDOT
utility permit for work within the State right-of-way.
Our office requests that this item be placed on the June 8, 2004 City Commission agenda.
Please call if you have any questions.
Attachments
cc: Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: Brian Shutt L4
FROM: Randal L. Krejcarek, PE ß.
DATE: 18 May 2004
SUBJECT: Meridian
Hold Harmless Agreement
Please find enclosed two original executed hold harmless agreements for Meridian.
The hold harmless agreements are for the work to be completed by the developer
within FDOT rights-of-way. If these documents meet with your approval, please have
the hold harmless agreements executed by the City.
The project is bound by SE 3rd Street, SE 4th Street, SE 6th Avenue and the north-south
alley between SE 3rd Street and SE 4th Street. I have enclosed a location map for your
convience.
Thanksl
Ene
Ce TACtile
~--,-_._._,----_._~----~,.,~._-_._-------.-.-_._--.--..------------------~-~
RECEIVED
~fAY 9 2004
s:\8ngadminltsclmallory squaralsuraty transmittal.doc C!TY ATTORNEY
----
" ,
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this _ day of
, 2004 by and between the CITY OF DELRA Y BEACH, FLORIDA,
(hereinafter referred to as "CITY") and 1j (4 ,\ 0'111: u..c. , (hereinafter
referred to as "DEVELOPER").
WIT N E SSE T H:
WHEREAS, DEVELOPER wishes to instalVconstruct improvements in the right-of-
way of the State of Florida; and
WHEREAS, the CITY is required to sign the pennit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
perfonned by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work perfonned in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
--------- - ____ __ __________ __~_____~___.__.~.__.__..__._,________________..__. - ._ - ___.___..____ .__._."_ __"_.. ____ ~ ,.__,,_"___ ___n___________
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
·
" .
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as J'\ t.nd ì """
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation or
construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
~---~-ì£ccordance"Witlrthe·"ppluv"d-engineeringl'lans;- BEWf:¡OPE-R malt be-solely· responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
. .
c
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
General Use Permit Application between the CITY and the State for this project and attached
hereto as Exhibit "A".
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
---. -1\:iTEST: ---. .- ·---~---etTYOF_ÐEf¡RA¥BEA€H,Fl,eRIÐA_--~---
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
3
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,
. ,
DEVELOPER:
M 1)1 \..U Co r' Co l:^,,:~~ l ~J,:t~Ú.~l
ß.t!Tr~~"'..cJ .port;.... ¡;.,~.,...¡.. .tAt ......~.....
By: p, c. ~.,tJ-
Address: 2-77 $r- TIi. 11..11..
iht"7 ðcl...1"L 3:1..,1J
Phone: Jb I Z. 71 81s-z...
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing ins as a£lm0¡jdged before me this 'Ó day of
~ ,2004by C fZ (name of officer or agent, title of
officer 0 agent) of M L.... (name of corporation
aclmowledging), a for~dli (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally Imown to me or has produced
(type of identification) as identification and did (did not) take
an oath.
.. TMIMf
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....DO_
.....IJ_t.D.
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~ ~ CITY of DELRAY BEACH MERIDIAN DATE,'2-30-0
bV I ~ ENVfIONt.AENTAL SERVICES DEPARTh4ENT LOCA TI ON MAP ALENAME
1"-. / _IICUIH -.aI A\SU!, CBJIAY IIEACtt 1'LCf'ÐA.....
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'. . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 711).OtQ.ð5
, I11'lIT1ES
0 UTIUTY PERMIT
OOC.01J91i1
P91of2
PERMIT NO.: 02-H-496-0326-93010 SECTION NO.: STATE ROAD: 5 COUNTY: Palm BEACH
FOOT COI'IIItructian. proposed or lØ'lderway. o Yes . No FonanciaI Project ID
ia... wotk _to IllIIppI'OWCI Utility Relocation Schedule? 0 Yes .No If yea, Document Number:
PERMITTEE: OTY OF DELRAY UTILITIES DEPTh RICHARD C. HASKO -DIRECTOR OF ENVIRONMENTAL
SERVICES
ADDRESS: 434 SOtJIH SWINION AVE.. DELRAY BCH. FL. 33444 TELEPHONE NUMBER: (5611243 - 7000
The_PERMITTEE~pem Ioslonli'amthe SIatIIofFlorido DepartmentofT~. _called the FOOT. to construct, operatøandmaintaln
the following: CONNl!Cl10N TO AN EXIStING 12 INCH WATER MAIN WITH PROPOSED 8 INCH ON THE EAST SIDE OF FEDERAL
IDGBW AY /SR#S) AT THE CORNER OF S.E. 4 ND /õlREE'I' IN lHE un' OF DELRAY BEACH
FROM: DATE OF PIlOPOSRD CONNECTION (APPROX - 1/03\ TO: INDEF1NITELY
~ far... PERMITTEE by: ShahDrotos&Assoe./Bbarat Shab. P.E. ~\ " _~ ~~Ll 4-~
Name and Tille (Typed or Prin1Bc:Ilegibly) Signature Daœ
1. The PERMITTEE __ II11II prior to tiling IhIa application, tho location of alllIdoUr4IutDIIIea II11II1 owns or haa an _In. both aerial and underground, IN
acconIoIy""" en tho plana and aleller 0( notiftcation _ mailed en DEC. 10. 2001 to tho following utilities known to be Involved or poIanIIaIIy Impacted
In tho _ 0( tho ~ 1nalaJ1aIIon: un' OF DELRAY In1LlIlHS . P B C lrllLlUES. lIF.T.T .smJlH. Jo'PL. GAS
2. The _ __ or R_ EngIneer. _ _10.. tho FDOT EngIneer. .... benollflec torty.eIght (48) hcKn prforlD mrtIng _ and again
ImmodIaIaIy upon compIoIIon 01 work. The FOOTa Engm- . BRE'IT DROUIN. located II 7900 FOREST RTT.T. BLVD
, ToIephono Number (5611434-3903. The PERMITTEE'. omployeo reaponsIbIe for MaIntenance ofTrafIIc 10
. ToIephone Number (Th. name maybe provided atthetlmeo(the48 hournotice
prior 10 aIartIrG _).
3. AI work. _. ond oqu/ >mont _ be oubjec:IlD ~ and approval by the FDOT Engm-.
". AI plana ond __ oI1aII conform to tho ~ o(the FDOTs U1IIity AccommodatIon Manual In effect.. o(tho date thio permitla approved by FOOT.
ond _ be made a part 0( IhIa ponnII. Th. provIoIon _ not ØmI tho authorty of tho FDOT under Paragraph 8 of th. Perml.
5. Thia PERMITTEE _ commence actual consINc:tion In good faith within _1_ dayo after Iaauance of permit, ond aha. be cornpI8ted within
180 dayo .fter the perm Ited _ haa begIIn. If tho beginning _10 more than 80 dayo from tho date of perml approval. the PERMITTEE muot .-
tho ponnI with tho FDOT Engl.-ID make ours no changea have oc:curred to tho Tranopor1atIon FacUity II11II would affect tho pe_ conoIruction.
8. The __ and maintenance of ouch utility _ not _ere with the property and righlo 0( a prfor PERMITTEE.
7. 110 oxpreooIy otIpulaled II1IIIIh1a permit 10 a IIcenoe for permiaaIYa use only and II11II tho placing 0( uIIJiIiea upon pubflC property pursuant to IhIa permlahaI not
__10..- or \leSt Iltf property right In said holder. excapI.. provided In -... subordination and Railroad Utility Agreements.
8. PursuanltoSecllon 337.403(1). FlorIda s-. Iltf utiIiIy placed upon, under,...... oraJong Iltfpubllc road orpubUc:fyowned rail corridor that . found by FDOT
10 be ""'.......bIy lnIertarlng In Iltf _wIh tho corwenienI, ..fe. or conUnuouo use. or malntenance.1rnprovemen, e>cIensIon. or axpansIon, of ouch public road
orpublcly_ rail corridor"'" upon 30 dayo' written _to the utility or Its -" by FOOT, be removed or relocated by such utility at Its own expense """"'"
.. pnMded In paragraphs (a) ond (b). and excapI for _ rfghIs aeI forth In preW>usIy oxecuIed subordination and Railroad U1IIity~, and
_ apply 10 II ..-.ora and assigno for tho pormItIe9 facJIIty.
8. _ lis 1 I~~1I1aI1n ~ """!II. f!!e.~ oI..!!I_!!!I!1II""!!ruçb!l<!MI'!!!_tob9J!ºf)'!!!Imu_~ I"IIbJ!!t.fOPTs ~wº!1!.J!!e..J>E1!MITTEj;.Y<iL_
coordi,," with tho FDOT befora proceeding and _ cooperate with the FOOT. contractor 10 anange the aequence of_ so as not 10 delay the _ 01 the
FOOr. _. defend Iltf Ioga/ cIaimo of the FDOr. contractar due 10 deIayo caused by the PERMITTEE's faRure to comply with tha approved schedule,
ond _ compIywlh all provIsIona of the law and the FDOT. current U1IIity AccommodatIon Manual. The PERMITTEE shall not be rssponsibIe for delay beyond
Ia_
10. Inthtcasaolnon-compllancewlth tho FDOTs requlromenla In effect as of tho datethls permllo approved, this pennillo void and the facjlltywill have 10 be brought
HD~ICO or removed from the right 0(_ at no cost 10 the FDOT. e>ccepI for _rfghIs set forth In preW>uslyexøcuted subordination and Railroad
utIIiIy Agreemeo.... This provision _ not IImII tho authorty 0( the FDOT under Paragraph 8 0( this PerrnIl
11. I. llldeI_ and agreed II11II tho righlo and prIvIIegeo herein set out are granted only to tho _ of the State'. right, title and Interest In tho land to be entered
upon ond used by the PERMITTEE. ond tho PERMITTEE will, at aI times. and to the _ permitted by law. assume all risk 0( and indemnify, defend. and....
_ the State of FIoride and tho FDOT from end agalnol any and alloso, __. cost or expense orIsing In Iltf manner en account of tho exercise or
aIIomptod _ 'I'.. by said PERMITTEE of tho aforesaid rights and privileges.
12. During ...-.:lIon, en safety regulations 01 the FDOT IhaJ be observed and the PERMITTEE must take measures, Including placing and the display of ..fa!y
_that may be necessary In order to ..fol)' condud the public through the project erea In accordance with the Federal Manual on UnWorm Traffic Control
De\Itces,asamendod forhighwayo, therequirementsofthe StandardAppllcatlon Package forrallwayo.lncludlng flagging services and Ranroad ProIocIIve Insurance
or acceptable alternative. when applicable, and the FDOrs latest Roadway and Traffic Design Standards and Standard Speclfocatlons for Road and ~ridgo
Construction. as amended. When a Utility deems 1 necessary 10 conduct Traffic Control a_ and methods slgnlllcantly different from those eddressod '" the
above references, the Utirlly must submit an alternative plan signed and sealed by . qualified registered FIoride professional engineer qualified 10 develop Traffic
Control Planning In accordance with the provisions of the Utility Accommodation Manual. Chapter 8.
13. Should the PERMITTEE be desirous of keeping its utilities in place and out of service, the PERMITTEE, by execution of this permft acknowledges its present and
continuing ownership of its utilftios located between U.S. ONE RlW UNE .nd Meridian within the FDOTs righbHJf-way
.. set forth above. Whenever the PERMITTEE removes its facilities, I shall be at the Permittee'. sole cost and expense. The PERMITTEE, at Is sole expense.
oI1aII promptly remove said out of service utilities whenever the FDOT datormines said removal Is In the public Interest.
· .
~. ",- In the _ conta.....- sol. encounter8d by the utility or onyane within the permitted construction Umlts.the utility - Immediately _ WOlf< and notify
"the FDOT. The FDOT shaD coordinate with the appropriate agencies and notify the PERMITTEE oIany suspenalon or ravocatIon 01 the perm. unll! contamination
, ....'....--ont and remediation. as appropriate under Rule Chapters 152-770 and 152-730 FIor1da Administrative Code, has progressed to a _ that al environmental
regulalory agencies havtng jurisdiction have approvacl the site of the contamination for resumption of WOIk.
15. DurIng _ operations, an on-sIIe representative of the PERMITTEE may be required to perform the following activities with respect to their own facilities:
physically........ or direct exposure of underground facilities, provide any neœssary support to facilities and/or cover aerial facilities as deemed I10CeSSaIy to aid
construction.
16. PunsuanI to SectIon 337.401 (2), FIor1da Statutes, the permit shall require the perm. hoIderto be responsible for damage resulting from the Issuance of the permit.
The D.paa1Iloent may Initiate InjIl1Ctive proceedings as provided In ..120.69 to enforce provisions of this subsection or any rule or order Issued or entered into
pursuant thereto.
17. Pursuant to SectIon 337.402, Florida Statutes, _ any pubic road or publicly owned rail corridor Is damaged or impaired In any way because of the installation,
inspection. orrepalr of a utility located on such road or publicly owned rail corrldor, the owner of the utility shaD, at his or her own expense, restor. the road or publicly
owned rail corrtdorto Its original condition before such damage. It the owner falls to make such restoration, the authority Is suthorized to do 10 and charge the cost
thereof againIIthe _ under the provisions 01..337.404.
16. SpectoI FOOT Inatructions:
RIs 1I.dei_ and agreed thai commencemonI by the PERMITTEE Is acIcnowIedgmsnI ond acceptance 01 the binding natura 01 althe ..,.,. IoIed permiI
001_" ond opecIaIlneIructIons.
19. By the below IIgnatura, the Permittee hereby l8fII-thaI no change to the FOOT. standard utility Parmi form, ..Incorporated by _Into Rule 14-
-46.001, for this utlrlly Parmi has been made wI1ich has not been previously called to the attention of the FOOT (and signified to by chacIdng the ~ box
_~._____._n~__~~___
chango/8tothestandardform? 0 NO 0 YES ItVes, . .
PERMITTEE: Richard C. Haske. Dlr Envrm Services SIGNATURE: '-.' -.' . DATE: 5/ z/ 0 'f
Nsme & Title of Authorized Permittee or Agent
(Typed or Printed legibly)
APPROVED BY: ISSUE DATE:
District Maintenance Engin_ or Designee
.L.L 1 1111 1 1.1..1. .l J.UJ.l1 11111111111111111.1..1......1.1..1.....1.1.1. .11iUUllll,Ll11 11111111 1 .1..1..1.1.1..1.1.1.1.1. ,LUJ. J.J.1. Ul.UJ.J.J.UHI
UTIUTY PERMIT FINAL INSPECTION CERTIFICATION
DATE:
DATE WORK STARTED:
DATE WORK COMPlETED:
INSPECTED BY: (Permittee or Agent)
REMARKS (Brief summary of approved plans changes):
~...,.,.._- .-"'-. --.-.. - ._--"
CHANGE APPROVED BY: DATE:
District Maintenance Engin_ or Designee
I the undSfSlgned PERMITTEE do hersby CERTIFY that the utility construcUon spproved by the above numbered permit was
Inspeclsd snd Installed In sccordance with the approvsd plans made a part of this permit snd in accordancs with the FOOTs current
utility Accommodation Manual. All plan changes have been approved by ths FDOTs Engineer and ars attached to this permit. I slso
certify that the work area has been left in as good or better condition than when the work was begun.
PERMITTEE: SIGNATURE: DATE:
Name & Tille of Authorized Permittee or Agent
(Typed or Printed legibly)
CC: District Permit Office
Permittee
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERUi1
SUBJECT: AGENDA ITEM # 8.:r - REGULAR MEETING OF JUNE 8. 2004
SERVICE AUTHORIZATION #1/CH2M HILL. INC.
DATE: JUNE 4, 2004
This is before the City Commission to approve Service Authorization #1 to CH2M HILL, Inc. in an
amount not to exceed $50,000.00 for construction management services relating to the Aquifer
Storage and Recovery (ASR) Well Rehabilitation Project.
The amount of Service Authorization No. 1 will be invoiced on a time and materials basis for the
actual work performed at the contract hourly rates with the exception of Task lA which is $6,784.00.
Funding is available from 442-5178-536-31.30 (Engineering/Architectural).
Recommend approval of Service Authorization #1 to CH2M HILL, Inc. in an amount not to exceed
$50,000.00 for construction management services relating to the Aquifer Storage and Recovery (ASR)
Well Rehabilitation Project.
S: \City Clerk\agenda memos\ServiceAuth.#lCH2MHill.06.08.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.com
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, ~
Deputy Director of P . s
DATE: June 3, 2004
SUBJECT: Aquifer Storage and Recovery (ASR) Rehabilitation
Project Number 2003-014
Attached is an Agenda Request and related infonnation for Service Authorization No. 1 to
CH2MHILL for professional engineering services related to the subject project. CH2MHILL
recently completed the scope of work outlined in Service Authorization No. II which included
preliminary and final design, preparation of drawings and specifications and final production of the
Contract Documents for purposes of bidding. Service Authorization No. I represents the next step
in the ASR Rehabilitation. Services include additional engineering design as well as Construction
Management during the rehabilitation of the well which includes the following services:
Preconstruction Conference
Monthly Progress Meetings
Submittal Review
Resident Inspection
Review of Payment Applications
Field and Change Orders
Requests for Infonnation
Project Start up and Close Out
The amount of Service Authorization No. I will be invoiced on a time and materials basis for the
actual work perfonned at the contract hourly rates with the exception of Task IA which is $6,784.
Funding is available from Account #442-5178-536-31.30 Engineering I Architectural (budget
transfer is attached).
Please place this item on the June 8, 2004 Agenda for consideration by City Commission.
cc: Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, Manager of Water Treatment Plant
City Clerk
Agenda File
S:\EngAdmin\Projects\2003\2003-0 14\OFFICIAL\Agenda memo CH 06-08-2004.doc
I . .
.
Service Authorization No. 1 to the Agreement to
Furnish Professional Services Dated April 28,
2004, Between the City of Delray Beach, Florida
and CH2M Hill, Inc.
City P.O. Number: 614786 City Project Number: 2003-014
Title: Additional Design and Construction Management and Resident Inspection Services
Category of Work: Professional Engineering Services
General
This SERVICE AUrnORIZA nON shall modify the professional service agreement
referenced above and shall become part of that AGREEMENT as if written there in full.
Changes in the indicated Scope of Services will be subject to renegotiation and implemented
through an amendment to this agreement.
Introduction
On April 8, 2004, the City of Delray Beach (CITY) opened bids received from three well
drilling contractors for Project No. 2003-14, Aquifer Storage and Recovery Well
Rehabilitation and Improvements. After reviewing the bids, the CITY has elected to
consider Additive Alternate A.4 and all of the Deductive Alternates (D.l - D.4), the
apparent lowest, most responsive bidder was Integrity Well and Pump Company for a total
not to exceed amount of $307,300. The time frame for completing this work is estimated at
approximately 90 days to substantial completion and 120 days for final completion.
This Service Authorization will authorize CH2M fiLL to provide professional engineering
consulting services related to the management of the construction, resident inspection
services, follow up start up and operational testing, and follow on operational consulting, as
needed. In addition, following completion of the original design, the CITY requested to
change the design of the project, and thus this Service Authorization includes additional
design work associated with those changes.
Scope of Services
Task 1 A - Additional Design
Following completion of the design of the ASR rehabilitation project, the CITY decided to
change the type of pump and motor from a submersible to a line shaft vertical turbine. In
addition, the CITY elected to replace the existing butterfly valves and actuators. These
DFB/981040007/SET561.DOC 1
--
. .
changes required that a number of features of the design be redesigned, including the
pump, motor, valves and actuators and the wellhead and electrical requirements.
As part of this SERVICE AUTHORIZA nON, CH2M HILL has revised the design drawings
and specifications to include a vertical turbine pump and motor, revised wellhead, new
butterfly valves and actuators and electrical components.
Task 2 - PermiUing Services
Completed under Service Authorization No. 11.
Task 3 - Bid Phase Services
Completed under Service Authorization No. 11.
Task 4 - Construction Management Support Services
CH2M HILL will be responsible for Construction Management during construction with the
following services.
Preconstruction Conference. CH2M HILL will coordinate and chair a pre-construction
conference with the awarded contractor and the CITY. CH2M HILL will be responsible for
preparing agenda, chairing and preparing minutes from the meeting.
Monthly Progress Meetings. CH2M HILL will chair three (3) monthly progress meetings
with the awarded contractor and the CITY. CH2M HILL will be responsible for preparing
agenda, chairing and preparing minutes from the meetings.
Submittal Review. CH2M HILL will review submittals from the contractor including shop
drawings, product data, schedules, progress payments and will provide up to one
additional review per submittal. CH2M HILL will submit two copies to the CITY for their
review and comment.
Payment Applications. CH2M HILL will review monthly payment applications received
from the Contractor and upon acceptance of quantities and amounts, will sign and forward
onto the CITY for approval and payment.
Field and Change Orders. CH2M HILL will issue review field orders, requests for quotation
(RFQ), work change directives, and change orders received by or prepared by the CITY as
needed throughout the project.
Requests for Information. CH2M HILL will also review and respond to Field Change
Requests (FCR), Requests for Information (RFI) and Clarification submitted by the
Contractor. Following review by the CITY, CH2M HILL will issue field orders, RFQ and
Change Orders as required by the project.
Proiect Start up and Close Out. CH2M HILL shall conduct project close out services
including:
DFBl9B1040007/SET581.DOC 2
--------
. .
· Incorporation of as-built information provided by the Contractor into a final set of
Record Drawings. Two hard copy sets will be provided.
· Conducting one substantial completion and one final acceptance inspection and issuing
punch lists following each inspection.
· As part of the above inspections, CH2M HILL will coordinate, document and provide
technical oversight during start up.
· CH2M HILL will review final close out change orders and payment applications from
the Contractor for processing by the CITY.
Task 5 - Resident Inspection
CH2M HILL shall conduct part-time resident inspection (RI) services during the well
rehabilitation and improvements construction. This task assumes that part time (average of
3-days/week/8-hour days) resident observation will be required for approximately 12
weeks or a total of 288 hours. Additional inspections shall be conducted during the
substantial and final completion inspections for a total estimate of 300 hours. The CH2M
HILL RI shall be responsible for observing the construction and checking compliance with
the technical specifications and drawings. The CH2M HILL RI shall prepare daily reports
on construction activities and shall be responsible for making observations and collecting
data during the specific capacity and sand testing.
Task 6 - Startup and Initial Operational Testing
Following completion of the well rehabilitation and improvements, including the
bacteriological clearance, CH2M HILL shall work with the CITY and contractor to conduct
startup and operational testing. Start up shall include oversight of actual startup by the
contractor, observation and documentation of the initial recharge phase with a once a week
site visit and discussions with the Water Treatment Plant (WTP) operators. Startup will
occur for the first for approximately 35-days (5 weeks). It is estimated that approximately 50
million gallons (MG) will be initially recharged and stored over a period of 20 days (-2.5
million gallons per day [mgd]), followed by 10 to 15 days of recovery at -2.5 mgd (25 - 37.5
MG, or until chloride and I or TOS levels reach their respective drinking water standards.
Recovered water will be discharged into the CITY's raw water supply pipeline during
startup and initial operational testing. The following table is a monitoring schedule for the
initial recharge and recovery phases:
Phsse Duration Volume Parameters to be Monitored Frequency
(Days) (Million
Gsllons)
Recharge 20 50 Chloride, conductivity, TDS, Every 10 days
turbidity
Wellhead pressure Continuously
Rscovery 10-15 25 - 37.5 Chloride and TDS Daily
Wellhead pressure, conductivity Continuously
and turbidity
DFBI981040007/SETS61.DOC 3
------ ---~
.
Following completion of the startup and initial operational testing, CH2M HILL will meet
with the CITY to review the results and develop a plan for operation of the well facility.
Following the meeting, CH2M HILL will draft a brief operational plan for the CITY, which
will outline suggested flow rates, time frames for recharge, storage and recovery, and
parameters to be monitored and frequencies. Upon completion of the City's review of the
draft plan, CH2M HILL will revise the plan and forward copies to the CITY, Florida
Department of Environmental Protection (FDEP) and the Palm Beach County Health
Department (PBCHD).
Schedule
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Specific Authorization from the CITY, which will serve as the
notice to proceed. The following summarizes the proposed schedule.
Task Time of Completion (wesks from date of notice to proceed [NTP])
Start Finish
Tssk 1 - Design Completed
Task 1A - Additional Design Completed
Tssk 2 - Permitting Completed
Task 3 - Bidding . Completed
Tssk 4 - Construction June 8, 2004 90 days alter NTP to Contractor
Management
Tssk 5 - Resident Inspection Upon Contractor Mobilization 120 days alter NTP to Contractor
Task 6 - Start Up and Initial Upon Final Completion by 60 days alter completion by
Operational Testing Contractor contractor
Assumptions
This scope of services was based on the following assumptions:
1. The Additional Design task (Task lA) is for work already completed and verbally
authorized by the CITY.
2. CH2M HILL will review submittals from the contractor, and will require timely
input from the CITY before forwarding to the Contractor.
3. The Operational Testing task (Task 6) assumes that no additional requirements by
FDEP or PBCHD are imposed.
4. The schedule assumes that the time frames for completing the work in the Contract
Documents dated February 2004 remain valid. Construction management or
resident inspection services required beyond these time frames will require an
amendment to this authorization.
DF8I981040007/SET561.DOC 4
·
5. The schedule also assumes that the contractor and the CITY can execute the Contract
Documents within 30 days from the date of Award by the City Commission.
Compensation to the CONSULTANT
Compensation for Task lA shall be a lump sum of $6,784. Tasks 4, 5, and 6 will be
performed on a time and materials basis and will be invoiced in accordance with the hourly
rate schedule attached as Exhibit" A", not to exceed $50,000.
DF81981040007/SETS61.DOC s
.,
This service authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous service authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
CITY may terminate the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization approved by the
CITY to be included as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH:
Date:
Timothy S. arp, P. .
(date) ~ 'Pi
Office Manager / ~
/ ~
J"P~- Wi_ F ,. / 1
Mayor 'vV~
Witness
Attest: STATE OF FLORIDA
COUNTY OF BROW ARD
Approved as to Legal Sufficiency and Form The foregoing instrument was
acknowledged before me this _ day of
June, 2004, by Timothy S. Sharp, Office
Manager, CH2M HILL HILL, Inc., a Florida
corporation, on behalf of the corporation. He
is personally known to me and (did/ did not)
take an oath.
Dorothy Gumm
Notary Public
State of Florida
(Seal)
DF8I981040007/SET561.DOC 6
AGENDA REOUEST
Agenda Item ,%.ZS'
No.
Request to be placed on:
~ Regular Agenda Date: June 2. 2004
_ Special Agenda
_ Workshop Agenda When: June 8. 2004
Description of item (who, what, where, how much): Staff requests Comntission aDDroval of Service
Authorization No. 1 to CH2MHILL for construction management services relating to the Aauifer Storage &
Recovery Well Rehabilitation Proiect. The amount of Service Authorization No. I will be invoiced on a
time and materials basis for the actual work erformed at the contract houri rates with t e xce tion of
Task IA which is $6 784. Fundin is available from Account # 441-51 -536-31.30 . n' 'neerin /
Architectural.
ORDINANCE/RESOLUTION REQUTRED: YES/NO DRAFT ATTACHED YES/NO
Recommendaflon: Staff recomm 'zation No.1 for CH2MHILL
Department head signature: 6-~ '>'-1
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (r~ed on all items injvinf.:xpenditure of funds):
Funding available: /NO ~rn~ µ-vv (if applicable)
Funding alternatives
Account No. & Descriptionit.....J..t4- G d p, pi(. t.v ¡/.fJ 1 s¡)~ ~ .
Account Balance If' ¿ "6'¡ I I
)
City Manager Review: @
Approved for agenda: /NO ~_ ~&tL ~è:> 'i\S%.I\.L_
Hold Until:
Agenda Coordinator Review: "-\0 \.0.-'\ ~ ~~ ~
Received: ~\s. ,
Placed on Agenda: "S,^- \ So \,;) 0Y>
Action: OW\ryr..."\:: ~ ,\-G ~
Approved/Disapproved ~~ - ~ ~\
\
û..\\ Ù{0 ~ (1e..',
~~~~~
b.G..«) ~~ '>f '\~
~<SG\~
S:\EngAdmin\Projects\2003\2003..Q14\OFFICIAL\Agenda Req CH 06-08-2004.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ11.
SUBJECT: AGENDA ITEM # <gK.. - REGULAR MEETING OF JUNE 8. 2004
RESCIND CONTRACT AWARD/RSI OF FLORIDA. INC.
DATE: JUNE 4, 2004
This is before City Commission for authorization to rescind the contract award to RSI of Florida, Inc.
for the Re-roofing of the Utilities Maintenance Building Project and postpone the project.
On February 3, 2004, the City Commission approved a contract award to RSI of Florida, Inc. for the
Re-roofing of the Utilities Maintenance Building Project. Due to recent changes within the bonding
industry, the contractor was not able to obtain a performance bond from any surety company meeting
the City's current requirements. At issue is the five year cause of action for failure to perform when
there is also a no dollar limit manufacturers warranty in effect immediately after project acceptance.
Surety companies are refusing to issue bonds in excess of one year. The City Attorney's office and
Risk Management are evaluating and re-writing our current bonding requirements. In the interim, the
Utilities Maintenance Division has had the leaking areas of the roof patched and will re-evaluate the
roof next year.
Recommend approval to rescind the contract award to RSI of Florida, Inc. for the Re-roofing of the
Utilities Maintenance Building Project and postpone the project.
S: \City Clerkagenda memos\Rescind Contract Award RSI of Florida.06.08.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harden, City Manager
FROM: Victor Majten~struction Manager
SUBJECT: RE-ROOFING UTILITIES MAINTENANCE BUILDING (pIN 2003-044)
Commission Agenda Item, Conlract Award
DATE: JUNE 1,2004
Attached is an Agenda Request for City Commission to rescind approval of award of contract to RST of
Florida, Tnc. for the Re-Roofing of Utilities Maintenance Building project, PIN 2003-044.
On Wednesday, December 3, 2003, the City opened bids for this project with the lowest responsive bid
from RSI of Florida, Inc. in the base bid amount of $77,937.00. City Commission approved award of
contract on February 3'·, 2004. Due to recent changes within the bonding industry, the contractor was not
able to obtain a performance bond from any surety meeting the City's current requirements. At issue is the
five year cause of action for failure to perform when there is also a no dollar limit manufactures warranty
in effect immediately after project acceptance. Sureties are refusing to issue bonds in excess of one year.
The City Attorneys Office and Risk Management are evaluating and re-writing our current bonding
requirements. In the interim, Utilities Maintenance Division has had the leaking areas of their roof
successfully patched, thus lowering it's priority for immediate replacement. The roofs condition will be
re-evaluated again next year. Also. from a weather standpoint, it's not desirable to re-roof during the rainy
season. Therefore, Public Utilities will divert these funds to higher priority.
Staff recommends City Commission rescind award of contract to RSI of Florida, Inc. in the amount of
$77,937.00 (base bid plus the deduct alternate) for the Re-Roofing of Utilities Maintenance Building
project, PIN 2003-044. As no contracts were executed, no purchase orders were issued.
Funding for this project was available from account 442-5178-536-62.10 ($77,937.00), Water & Sewer
Renewal and Replacement Fundi Buildings.
cc: Richard Hasko; Director ofESD
Dan Beatty; Dep. Dir. of Public Utilities
Rafael Ballestero, Dep. Dir. of Construction
City Clerks Office
Agenda File 06.08.04
File 2003-044(A)
S:\EngAdminIPwjects\2003\2003-044\CONSTRCT\agda Memo RSI 06.08.04.doc
Agenda Item No. ~
AGENDA REQUEST
Date: June1. 2004
Request to be placed on:
X Regular Agenda
_ Special Agenda
_ Workshop Agenda When: June 8. 2004
Description of item (who, what, where, how much): Rescind approval of award of contract to RSI
of Florida, Inc. for the Re-Roofing of Utilities Maintenance Building project, PIN 2003-044. Successful
repairs have lowered its priority for complete replacement. The roofs condition will be re-evaluated again
next year.
The funding would have been from account 42-5178-536-62.10 ($77,937.00), Water & Sewer Renewal
and Replacement Fund/ Buildings..
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff re mm
Department head signatur :
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (required on all items involving expenditure of fUndS):f-t7 "<. ~
Funding available: ~NO 0 ('¡c.:l/c'¡
Funding alternatives (if applicable):
Account No. & Description See Above
. Account Balance 151 ~jf'D l¡""d~.!. .. f''lR.- ""'0" -,hLM'.. _D~ fL.';''''! ~ 117'> H1)
City Manager Review:
Approved for agenda: (g/NO tr1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminIProjects\2003\2003-044ICONSTRCTlagda Req RSI 06.08.04.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ØVÌ
SUBJECT: AGENDA ITEM # 8\.... - REGULAR MEETING OF JUNE 8. 2004
REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER MAIN
IMPROVEMENTS PROJECT
DATE: JUNE 4, 2004
This is before the City Commission for authorization to reject all bids received for the 2003-011 Palm
Trail Neighborhood Water Main Improvements Phase 1 Project and authorize staff to re-bid in
September, 2004.
Due to the reallocation of funding to higher priority projects, sufficient funding is not currendy
available for this project.
Recommend approval of the request to reject all bids received for the Palm Trail Neighborhood
Water Main Improvements Project and authorize staff to re-bid this contract in September, 2004.
S\City Clerk\agcnda mcmos\Rejection of Bids.06.08.04
--~--
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: William A. Grieve, P.E., Assistant City Engineer vJ'A6.
DATE: June 1, 2004
SUBJECT: Palm Trail Neighborhood Water Main Improvements Phase 1
Commission Agenda Item
Project # 2003-011
The attached agenda request is for Commission approval to reject all bids for the above referenced project.
Sufficient funding is not currently available for this project due to the reallocation of funding to higher priority
projects. Staff recommends rejecting all bids at this time and re-bidding in September. This project will be
re-bid in September 2004, which would allow for construction to begin in the fall 2004.
The attached map shows the project locations and the complete bid tabulation for this project.
Please place this item on the June 8, 2004 Commission Agenda.
enc
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file
S:\EngAdminlProjects\2003\2003-011\OFFICIALIJune 82004 egendememo.doc
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Date: June 1. 2004 AGENDA ITEM NUMBER:)SL
e
. '.
AGENDA REQUEST
Request to be placed on:
---X... Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: June 8. 2004
Description of Agenda Item (who, what, where, how much):
The attached agenda request is for Commission approval to reject all bids for the
above referenced project. Sufficient funding is not currently available for this project
due to the reallocation of funding to higher priority projects. Staff recommends
rejecting all bids at this time and re-bidding in September. This project will be re-bid
in September 2004, which would allow for construction to begin in the fall 2004.
St.ffR.co~.od.tion' a410~ (p'-l-of
Department Head Signature: =- - ~
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N/A
Account Number N/A
Description See above
Account Balance: N/A
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: e / No Initials: fJ1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2003\2003-011\OFFICIAL\June 8 2004 agenda.doc
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~
SUBJECT: AGENDA ITEM # Zi'J\. - REGULAR MEETING OF JUNE 8. 2004
CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT
DATE: JUNE 4, 2004
This is before the Commission to approve one (1) sub-recipient agreement for funding and
acceptance of funds in the total amount of $16,243.00 between the City of Dekay Beach and Dekay
Youth Vocational Charter School under the Weed and Seed program for FY 2003-2004.
Funding is available from 115-2125-521-83.01 (Weed & Seed Grants/Other Grants/Aid).
Recommend approval of the agreement for funding and acceptance of funds under the Weed and
Seed program for FY 2003-2004.
S:\City Clerk\agenda memos\2003·2004 Weed and Seed06.08.04
Delray Beach
Weed & Seed Office
Memo
To: Carolanne Kucmerowski. Agenda Coordinator ~
From: Sharon L'Herrou. Weed & Seed Program Man~~
Dat8I May 26, 2004
ReI Agreement between: The City of Delray Beach (Weed & Seed initiative) and Defray
Youth Vocational Charter School
Attached. please find an agreement between the City of Delray Buehl Weed & Seed
Initiative and Delray Youth Vocational Chatter School which authorizes payment of
$16,243 toward operational expenses to implement and administer the DELRAY YOUTH
VOCATIONAL CHARTER SCHOOL training and curriculum from March 1,2004, through
September 30. 2004.
The U.S. Department of Justice, Executive Office for Weed & Seed. awarded funds
(disbursed on a reimbursement basis) to the City of Delray Beach for local initiatives such as
this. The allocation of these funds is an eligible use of these grant funds has been approved
both by the Executive Office for Weed & Seed and the local Delray Beach Weed & Seed
Neighborhood Advisory Board.
1
·
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRA Y BEACH
AND
DELRAY YOUTH VOCATIONAL CHARTER SCHOOL
FY2003-2004 (October 1,2003 - September 30,2004)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement') entered into this_
day of , between the City of Delray Beach, hereinafter referred to as "City" and Delray Youth
Vocational Charter School, hereinafter referred to as "AGENCY", having its principal office located at 2401
N. Federal Highway, Delray Beach, Florida, is related to the provision, as per the budget approval by City
Commission on (and retroactively effective March 1, 2004 through September 30,
2004), of $16,243 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon
the following terms and conditions:
The awarded EOWS funds are allocated as follows:
$16,243 toward operational expenses to implement and administer the DELRAY YOUTH
VOCATIONAL CHARTER SCHOOL training and curriculum (see attached Exhibit "A") from March
1, 2004, through September 30, 2004 conditional upon submission of a letter of non-supplanting of
funds.
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "DOJ" means U.S. Department of Justice
c. "EOWS" means Executive Office for Weed and Seed
d. "W&S" means Weed and Seed
e. "The Agency" means DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL
2. Purpose of Work:
The purpose of this agreement is to state the covenants and conditions under which AGENCY will
implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds.
The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project
funded under this agreement must provide services to residents within the federally designated
Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the
East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform the
tasks necessary to conduct the program outlined in this agreement and submit requests for
reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part
hereof. Reimbursement requests and programmatic reports should be submitted simultaneously.
The City agrees to disburse payments upon the receipt of each required "request for
reimbursement", and receipt of required programmatic reports and necessary data (as determined
by the City), covering the month for which reimbursement is requested. Disbursements will be
available approximately the first working day of each month, commencing one month following the
execution of this agreement and the receipt of required documentation described above and
continuing through September 30, 2004.
1
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All services shall be performed in a manner satisfactory to the City. The funding shall not exceed
the City Manager approved dollar amount of $16,243 for the period of March 1, 2004 through
September 30, 2004. All release of funds shall further be in accordance with all sections of this
agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are contingent
upon the timely release of funds for this particular project. The effective date shall be the date of
execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is
later. The services of AGENCY shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of March 1, 2004 will be
processed. All service required hereunder shall be completed by AGENCY by September 30,
2004.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or written
agreement, and shall be subject to each provision of this agreement. Proper documentation in
accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Delray
Beach Weed & Seed Program Manager.
5. Records and Reports:
The Agency agrees to provide the City programmatic progress reports that outline the DELRA Y
YOUTH VOCATIONAL CHARTER SCHOOL program activities, progress made, number of
participants enrolled, problems encountered and proposed solutions. These reports must be
submitted to the Weed & Seed Program Manager simultaneously with each financial
reimbursement request (due on or before the 10111 of the month for the preceding month).
Additionally, a final report summarizing results for the funding period (October 1, 2003 -
September 30,2004) is due by October 10, 2004. Reimbursement payments will not be released
without the submission of the required reports (completed and accurate) to the City, and on the
resolution of monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until Agency
complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The
Agency agrees to retain supporting documentation relating to the activities funded hereunder and
related service provisions (activities) for a period of three (3) years, dating from October 1, 2004.
6. Program·Generated Income:
All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the
City. In addition to reporting such income, Agency shall report to the City the procedure developed
to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this agreement, the prior written approval of
the City will be required. Accounting and disbursement of program income shall be consistent with
the procedures outlined in OMB Circular A-11 0 and other applicable regulations incorporated
herein by reference.
2
· .
7. Other Program Requirements (Civil Rights/Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical disability,
national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination
under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of
such discrimination, the City shall have the right to terminate this Agreement.
The Agency certifies that required background screenings will be conducted on ALL employees
and volunteers working with youth or other vulnerable/protected individuals and have such
available for review during Monitoring visits.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall
be awarded contracts in connection with the project.
8. Public Relations Requirement:
Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in
annual reports, bulletins, publications, and other public relations activities of the grantee.
9. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through
in-house and site visitation evaluations) as determined necessary by the City and that the
continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this agreement and comparisons of planned versus actual progress relating to project
scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon
request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as
is determined necessary by the City. The Agency shall submit reports as outlined in #5 above and
at other times upon the request of the City, information and status reports required by the City,
and/or DOJIEOWS on forms approved by City to enable evaluation of said progress and to allow
for completion of reports as required of the City by DOJ. Agency shall allow the City or
DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in
advance or unscheduled as determined by the City and DOJ/EOWS.
10. Audits and Inspections:
At any time during normal business hours and as often as the City, DOJ/EOWS, or the Comptroller
General of the United States may deem necessary, there shall be made available by Agency to the
City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all
matters covered by this agreement. The Agency agrees to comply with the provisions of the Single
Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to
submit a single audit, including any management letter, made in accordance with the general
program requirements of OMS Circulars A-110, A-122, A-133, and other applicable regulations
within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds
from all sources are expended. A Certified Public Accountant of the AGENCY'S choosing, subject
to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit
conducted under A-133, the City reserves the right to require submission of audited financial
statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133.
3
----
· .
11. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency services to
the community. This agreement is not to substitute for or replace existing or planned projects or
activities of the Agency. The Agency agrees to maintain a level of activities and expenditures,
planned or existing, for projects similar to those being assisted under this agreement, which is not
less than that level existing prior to this agreement.
12. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-11 0 pursuant to conflict of
interest. The Agency further covenants that no person who presently exercises any functions or
responsibilities in connection with the funded projects, has any personal financial interest, direct or
indirect, in the activities provided under this Agreement which would conflict in any manner or
degree with the performance of this agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part
of the Agency or its employees shall be disclosed in writing to the City, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirements that maximum opportunity be provided for employment of and participation of lower-
income residents of the project target area.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR
66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall
violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by
giving written notice to AGENCY of such termination or suspension of payment and specify the
effective date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any reason,
terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination for convenience or for cause, the City shall pay the sub-recipient Agency for
satisfactory services rendered pursuant to this agreement through and including the date of
termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44.
In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts
of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall
be suspended or terminated effective on the date U. S. DOJ specifies and all payments are
contingent upon the release of funds from the DOJ/EOWS.
14. Independent Contractor:
AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent
contractor and that its employees are not City of Delray Beach employees and are not subject to
the City provisions of the law applicable to City employees relative to employment compensation
and employee benefits.
15. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
4
, .
Florida Department of Management Services within 36 months immediately preceding the date
hereof. F. S. 287.133(3) (a) requires this notice.
16. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations
pertaining to federal grant funding including, but not limited to: the Financial Guide, OMS Circular
110, and 24CFR Part 570.
17. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any amendment
or modification hereto must be in writing and is contingent upon approval by the City.
18. Hold Harmless and Indemnification Clause:
DELRAY YOUTH VOCATIONAL CHARTER SCHOOL hereby agrees to promise to indemnify and
hold harmless the "City" and its officers, agents, servants, or employees from and against any and
all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines,
penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or
in any way connected with, the giving of said funds.
Agency/Sub·recipient: Delra
Signed By:
Print Name: Dr, Fral1lc
WITNESSES:
~i~~1 ?þ~1Ø -
CITY OF DELRA Y BEACH, FLORIDA
Signed By:
ATTEST:
CITY CLERK
P~RM:
5
..
Exhibit "A"
Scope of Service
Introduction
DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL'S mission is to: a) Train and educate at-risk youth in
various disciplines within the automotive industry b) Provide academic instruction to prepare students for their
G.E.D., vocational education, andlor entry to post secondary institutions c) Develop and execute career development
and d) Teach valuable life management skills.
Outcome measures:
· Total number of youth served (total number enrolled and percentage that complete the program)
· Participants will demonstrate minimum skills necessary to obtain work in the automotive industry as
demonstrated through testing
· Participants will improve their reading skills as demonstrated through pre and post testing
· 80% of students completing the program will become employed (making above minimum wage) OR be
placed in post secondary institutions
· 80% of students completing the program will not participate in illegal activities within one year of their
participation in the program (as measured by arrests).
Proaram Reports
The Agency agrees to provide the City with programmatic progress reports that outline DELRA Y YOUTH
VOCATIONAL CHARTER SCHOOL'S program activities, status of outcome measures, number of
participants enrolled, problems encountered as well as the proposed solutions. These reports must be
submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement
request (due on or before the 10th of the month for the preceding month). Additionally, a final report
summarizing results for the academic year (August 2003 - September 30, 2004) is due by October 10,
2004. Reimbursement payments will not be released without the submission of the required reports
(completed and accurate). Failure to submit the final report will jeopardize future requests for funding.
Proaram Budget
Weed & Seed agrees to provide $16,243 toward costs associated with implementing and administering the
DELRAY YOUTH VOCATIONAL CHARTER SCHOOL training and curriculum. Funds will be provided on a
reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed
Program Manager of the programmatic report described above and a financial reimbursement request.
These documents are to be submitted by the 10th the month for the preceding month. Relevant support
documentation will be required.
6
Date: 5/24/04 AGENDA ITEM NUMBER: ~N\
e
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: Tune 8. 2004
Descripûon of agenda item (who, what, where, how much):
Sharon L'Herrou. Weed & Seed Prog¡:am Manager. re硵ests approval of the
following agreement:
Between the City of De!n\y Beach/ Weed & Seed Project and Delray Youth
Vocational Charter School which authorizes payment of $16.243 toward operational
expenses to implement and administer the DELRAY YOUTH VOCATIONAL
CHARTER SCHOOL training and curriculum from March 1. 2004. through
S t 3
Department Head
Signature:
endation (if applicable): see signature on agreement
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YJ:s / No Initials: ~
Account Number: 115-2125-521-83.01
Description fu- ~. fu",¿ - ~...I ,.1..1 I S.c.) ~~~- ø'/J..,_ ~,<-.b.¡A.·J.
Account BaJa:nce: $56.845.02
Funding Alternatives: ~ (if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials: PI(
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER 0'1
SUBJECT: AGENDA ITEM # 8N - REGULAR MEETING OF JUNE 8. 2004
DISTRIBUTION OF FY 2005 DRUG CONTROL & SYSTEM
IMPROVEMENT FUNDS
DATE: JUNE 4, 2004
This is before the City Commission to consider approval of the distribution of FY 2005 Drug Control
& System Improvement (DCS!) funds as recommended by the Crinúnal Justice Commission (CJq·
The total FY 2005 allocation to Palm Beach County is $726,880. The proposed use of the federal
funds is outlined in the attached letter from the CJc.
The Florida Department of Commuruty Affairs reqWres that 51% of the local uruts of government
representing 51 % of the county's population agree on the allocation of the DCSI funds.
Chief Schroeder has reviewed the funding allocations and recommends that the City Commission
support the distribution of funds.
Recommend approval of the distribution of FY 2005 Drug Control & System Improvement funds,
and authorize sending the attached letter agreeing to the allocation of these funds.
S:\City Clerk\agenda memos\Allocation of DCSI Funds FY 2005.06.08.04
---
June 8, 2004
Mr. Clayton Wtlder
Rorida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Rorida 32308
Dear Mr. Wilder:
In compliance with the State of Rorida Rule IID-9, F.A.C, the City of Dekay Beach approves of the distribution
of $726,880 of Federal Fiscal Year 2004 (FY2005) Byrne Formula Grant Program funds for the following projects
in Palm Beach County:
FEDERAL
SUBGRANI'EE PROJECT TITLE FUNDS
RECOMMENDED
City of Palm Beach Automated Fingerprint $89,700
Gardens/Police Department Identification Svstem
Palm Beach County/CJC Community Court Treatment $46,290
Services
Town ofMangonia Park/Police New Hope $28,677
Department
Palm Beach County/Court Drug Court Treatment $150,000
Administration
Palm Beach County/State Forensic Accounting $27,622
Attomev's Office
Palm Beach County/Sheriffs Violence Against Women $60,000
Office
City of Riviera Beach/ Civil Drug Restart $25,500
Court
Palm Beach County/Instructional Visual Planning T ecbnologies $168,000
Systems Services
City ofBe11e Glade/Police Weed & Seed Coordinator $42,591
Department
Palm Beach Countv/C¡C Program Administration $45,923
Palm Beach Countv/C¡C Crime Analvsis $42,577
TOTAL $726,880
I understand that each of these programs will be required to provide their own twenty-five percent (25%)
cash match.
Sincerely,
JEFF PERLMAN
MAYOR
""~----_.-
05/l'!(2004 }0:18 FAX 5613554941 PBC CRIM .JUST COMM ~ DELRAY BCH M,¡g 1¡!]00l/004
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CrÎminal JUstic:lC Commie'¡on 1:"" CD
." .cOX over raze
301 N. Olive Avenue. SU1te 1001
West Palm Beach, FL 33401-4705
(561) 3:55-4943
Fax: (56 I) 35S-4941 Date: 5/17/0'4 Time: 10:11 AM
W'WYo','Dbcllov.coln/eic
. To: Palm Beach County Mayors
Palm Beach County . r . _".
Board of County From: Carnt....Ann l"opelakis Ç)Y
Commissioners PRC Byrne Grant Administrator
Kar<J1 T. Marcus. Chair
Tony Masilotti. Viçc Chainnan
J.tfKoons Subject: ApprollJal Letter
Warrcn H. Newell
Mary McCarty
Burt Aaronson . _, ,,'
Message. A gent.e remmder...
Addie L. Greene
Please see attached request. The deadline has
C· . I J . been e:t;tended. to May 20, 2004. If you have any
rlmm8 u5t1ee
Commission Officers questiøns 01' comments, please feel free to
Wendy S""oryLìnk, Chair conta~t me @~ 561/355-4939.
Lco E. Noble, Vice: Chairman
Edward Fine. See..""" Thank'you, .aHd have a great day!
David Kerr. Treasurer
.
County Administrator
Robert. Weisman
Executive Director
L. Diana Cunningham
E-mail: dcunniner@""_.alm-be",,bfl "' Number of pages (includi.ng cover page): 4
"Ar¡ £4¡¡al OpPQrtlmiry If tJwre is a problem withl:this far. ,Tansmissio11., ple.ase call Carrie-Ann Kopela/ci.5 at
A.bi,.1fUJlM ActiQ" /Employe,." 561.355.4939. '
n5. Ij 2(H)4 In: 18 FAX 5613554941 PBC CRIM ,JUST COMM ~ DELRAY BCH MAYOR I¡!] nnVnn4
I........ ~
cri.m..inaJ JU5:tic(' Commis:sion April 26, 2004
:;0) N. Olive AV~f\l1<:!. Suiœ 1001
\\'est Palm Beach, l:L 33401,4705 To All Palm Beach County Mayors:
(561) 355·4943
FA.X: (561) 355-o.J941 The Criminal Justice Commission (CJC) serving as the Substance Abuse
'\N\\'·wpbr.::gov.comlcjc Advisory Board (SPi:AB) seeks your approval in the allocation of FY2005 (Federal
Fiscal Year 2004) Byrne Formula Grant Program funds. The total FY2005 allocation
to Palm Beach Coumty is $7.'26,880.
.
The CJC submitted a request for proposals (RFP) to all local units of govemment
I"&bn Bocuc;h County to fund projects that respond to drug Rnd drug-relat,ed viol..nt crim.. problems. A
Board of County total of fourteen (1~.) proposals were received this year plus the CJC's program
Commis.sioners administration and crime analysis positions. On April 26, 2004, the CJC/$AAB
l<3ren T. M;;Ircus. Chair voted unanimously to recorHmend that funding be allocated as follows:
Tony MasiloC1:i, Vi~e Chairmat'L FEDERAL
SUBGRANTII,E PROJECT TITLE FUNDS
J dl' Koons RECOMMENDED
Wa¡-ren H. Ne:w~1l City of Palm Beach '3ardensl Automated Fingerprint $89,700
Police Deoartment Identification Svstem
MMY r-1c::Carry Palm Beach County/CJC Community Court Treatment $46,290
Services
Burl !\a..ronson Town of Mangoni;" ParkJ $28.677
Police Deoartment New Hope
:\ddie L. Greene
Palm Beach COIJntyl Drug Court Treatment $150.000
Court Administration
CrimiJULl JU!ildc~ Palm Beach COIJntyl Forensic Accounting $27.622
Comlni.ssion Officer.¡ State Attomev's Office
W~ndY S.arrory Link, Chair Palm Beach CoiJntyl Violence Against Women $60.000
Sheriffs Offlçe
L~o E. Nljt'I~. Vice CllaÎrman City of Riviera B~achl Restart $25,500
Civil Drua Court
El1w3rd fine. Se('r~rary Palm Beach Countyl Visual Planning Technologies $168.000
Instructional Svstem,,¡ ServicE'S
David Kerr, Trt:a::;urcr City of Belle Gladel
Police Denartn'1ent Weed & Seed Coordinator $42,591
. Program Administration $45.923
Palm Beach Cour,ty/CJC
COllnty Administrator Palm Beach Cour.¡y/CJC Crime Analysis $42.577
R.oben: weisman TOTAL $726,880
ExccurivC' Dittc.col'
L. Diana Cunr1inghan1
E·mall: d'lInnin~ri'Þco.palnl·beach.fI.u5
-ArJ Eqr.wl opp"rnmicy
,"if,rj~{j,.." ."Icciur¡1Jmpluyer"
@ pri,.lad afT r«:yclt!1d fH!P~r
051. 2004 10:18 FAX 5613554941 PBC CRIM .JUST COMM ~ DELRAY BCH MAYOR I4J 00.3/004
. ,
'--.....-- ,
"-
criminaJ Justice Commis$ion The Florida Department ()f Law Enforcement (FDLE) requires that fifty-one
3lìl N. OHve A\i¿'flue, Suitt: 1001 percent (51%) of the loca' units of government r,epresenting at least fifty-one
Wc:::S( fatuI tkach. FL 3340ì·4705 percent (51%) of th,e county's population agree on the allocation of these funds.
Each program is œquired to provide its own tWE,nty-five percent (25%) cash
I;.ól) 355·49·ß match.
FAX.: (561) 355-4'9-11
ww\V.pl)tgov.com/cj~ For your convenience. we have prepared a sample letter for vour use. This
sample letter can also be e-mailed to you bye-mailing a request to Carrie-Ann
. Kopelakis at CKO¡i'ELAKæ~CO.PALM-BEACH.FL.US. Due to the application
deadline. this letter must be received at the Crimim!1 Justice Commission Office.
no later than May '11, 200~,. Please send the letter to:
Pa,(m Beach County
Board of Cou.nty Palm Beac~1 County Criminal Justice Commission
Commissionen Alln: Carrie-Ann Kopelakis
Karen T, Marcu.!õ, Chair 301 t~orth Olive Avenue, Suite 1001
West Palm Beach. FL 33401
ì'ony M3siloni, Vk~ Ch:~irman
erf KooI'ls If you should require additional information or have any questions, please contact
Carrie-Ann KopelakliS at (561) 355-4939, Your immèdiate attention to this matter
Warren H. Nc,"vell is greatly appreciated.
;"'hry McCarey ¡
Bun A:)J'0nson Sincerely. ¿ ,
A.ddie L GrMne kß~~ cr-
L. Diana Cunningham
Executive Director
CrÎminiLl Justice
Commission officers
wendy Sartory link, Chair Cc: Judge Peter ,Blanc. Byrne Grant Committee Chairman
L!":ù E. !"lot-Ie. Vice: Chairman Ms. Wendy Sartory l.ink, CJC Chairman
All Palm Beach County Police Chiefs
Edwa.r\1 Fln~. secretary
D:1vld Kerr Tre.;1sur~r
.
Counry AftmJniscntor
¡{obert \vei~ITlan
hccut:Î'v-c Dil'C~r
L. DiëL11a Cunningham
J:::-maiJ: dClll'1fliT1g@~o,pillm-br:;:a.r.h.fI,lIS
".'111 Equal upp01'Ctl1Jity
,Vti¡m¡1(';v",...nÎ"1I1:."'mpl(!....·r,¡--
@ prinr6d on r«;yclBd pap6r
05 1i/2004 ,10: 19 FAX 5613554941 PBC CRIM .JUST COMM ~ DELRAY BC'H MAYOR ~OO4/004
'-., "-
<insert date>
Mr. Clayton Wilder
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, FL 32308
Dear Mr. Wilder:
In compliance with the State of Florida Rule· 11D-9, F_kC.. the <insert name of city, village or town>
approves the distribution of $726,880 of Fò9deral Fiscal Year 2004 (FY2005) Byrne Formula Grant
Program funds for the following projects withi~'Palm'Bo;oach County:
FEDERAL
SU8GRANTEE PROJECT TITLE FUNDS
RIECOMMENDED
City of Palm Beach Gardens! Automat..d Fingerprint $89.700
Police DeDartment :Identification SYStem
Palm Beach County!CJC Community.Court Treatment $46,290
SE,rvices
Town of Mangonla Park! New Hope $28,677
Police DeDartment
Palm Beach County! Drug CO"'rI Treatment $150,000
Court Administration
Palm Beach County! Forensic: Accounting $27,622
State Attornev's Office
Palm Beach County! ViI:>lence Against Women $60,000
Sheriffs Office
City of Riviera Beach! R,~~t"rt ~25, 500
Civil Drug CQurt
Palm Beach County! Visuiiil Planning Technologies $168.000
Instructional Svstems Services
City of Belle Glade! W~ed & Seed Coordinator $42,591
Police DeDartment
Palm Beach County!CJC Program f\dministration $45,923
.
Palm Beach County!CJC Crime Analysis $42,577
TOTAL , $726,880
I understand that each of these programs will be required to provide their own twenty-five percent (25%)
cash match_
Sincerely,
Mayor
<insert name of city, town, village>
· , " 01(
¡Ze\oM
ØJ1
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Writer's Direct Line: 561/243-7091
f l 0 . , D II
DaatI
AJl.Amerlca City
~'IIE MEMORANDUM
DATE: May 21,2004
TO: City Commission
David Harden, Citv Manager
~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Lease Aqreement between the Citv and Match Point Inc.
Attached please find a proposed lease agreement between the City and Match
Point, Inc. (MP) regarding the use of office space in the City Attorney's office
building. MP has requested the use of 2 office spaces, located at the north end of
the City Attorney's office building, along with 6 phone lines to be used by MP for
marketing support. MP shall pay all costs associated with the use of the phone
lines. This Agreement shall expire on March 1, 2005.
Please place this item on the June 8, 2004 City Commission agenda. Please call
if you have any questions.
cc: Barbara Garito, City Clerk
Amanda Solomon, Telecommunications Mgr.
~()
--------
·
LEASE AGREEMENT BETWEEN THE CITY OF DELRAY
BEACH AND MATCH POINT, INC.
THIS LEASE, made this _ day of ,200_, by and between the CITY OF
DELRAY BEACH, a municipal corporation in Palm Beach County, Florida, hereinafter called
Lessor, and MATCH POINT, INC., hereinafter called the Lessee.
WITNESSETH:
WHEREAS, Lessee has requested the use of 2 offices located in the City Attorney's
Office Building at 200 N.W. Ist Avenue; and
WHEREAS, Lessee requires these offices in order to provide marketing support for the
International Tennis Championships held at the Deiray Beach Tennis Center.
NOW, THEREFORE, in consideration of the covenants herein, Lessor does hereby
lease to Lessee, the office space as provided in this Agreement.
1. Incorooration of recitals. The Parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them as if fully set forth in this
Agreement.
2. Term. This lease shall extend until March 1,2005.
3. Leased Premises. The leased premises shall consist of 2 office spaces located at
the north end of the City Attorney's office building (200 N.W. 1st Avenue), adjacent to N.W. 1st
Avenue. This lease does not include any personal property. Lessee is responsible for the
purchase of all telephone equipment needed for the premises. Lessor shall contract with
Bellsouth to provide telephone service, 6 lines, to the leased premises for Lessee's use.
However, Lessor does not warrant or guarantee uninterrupted telephone service. Lessee shall
pay all bills related to the telephone service immediately upon receipt of the bill ITom Lessor.
4. u Termination of Lease._..Jt is. _rnutuIDly J.lD.derstoJld...and..agreed-by the parties.. _____
hereto, that the Lessor may tenninate this lease at any time, upon a determination by the City
Commission, in its sole discretion. Tennination shall be effected by giving Lessee notice of its
intention to tenninate thirty (30) days prior to the date of termination, with the understanding that
upon the tennination date any and all personal property owned by Lessee shall be completely
removed ITom the premises and the premises be vacated.
5. Improper Use. The Lessee covenants that it will make no unlawful, improper or
offensive use of the said premises; that it will not assign this lease or sublet any part of the said
-
premises without the written consent of the Lessor; and that it will use said premises only for the
purposes of conducting business on behalf of Match Point, Inc.. Lessee further asserts that it
shall make no improvements or modifications to the leased premises, other than for normal wear
and tear, without first obtaining written consent from Lessor.
6. Reentrv. It is hereby covenanted and agreed that if the Lessee violates any of the
covenants of this lease that the Lessor shall be entitled to re-enter and retake possession of the
above described premises upon giving thirty (30) days notice to the Lessee by U.S. Mail at the
address of the leased premises.
7. Maintenance. The Lessee covenants and agrees that it will maintain the above
described property in a clean and orderly condition. Janitorial or pest control services shall be
provided by Lessor.
8. Indemnification. The Lessee shall indemnify, defend and hold harmless the
Lessor, its officers, agents and employees from all suits, actions, claims and liability arising out
of the acts or omissions of Lessee or its agents, employees, invitees, or any other person related
in any manner to Lessee as it relates to this Agreement. Lessee further asserts that it will defend,
indemnify and hold harmless Lessor from any claim, suit or cause of action from whomever,
including, but not limited to, any violations of soliciting business from persons or entities on the
national "do not call list".
9. Taxes and/or Assessments. Lessee shall be responsible for any all taxes, liens
or assessments, including, but not limited to, ad valorem taxes, sales taxes, income taxes, special
assessments and intangible taxes that may be levied or assessed against Lessor from any entity
as a result of this Agreement. Lessee shall make prompt payment of such taxes, liens or
assessments upon receiving notice of the amount due. In no way shall any action by Lessee
-- -~_._._..- ..~ restilt in ª lien_ol!¡mj'~OP-erty <L"\\l!l~(LbyL~~or:.___ __._______~__ --~~--- ---------------
10. Entire Al!reement. This Agreement shall constitute the entire Agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements between
the parties with respect to such matters are merged into this Agreement, which alone fully and
completely expresses their understanding.
II. Assimment or Transfer. This Agreement may not be assigned or transferred by
the Lessee in whole or part without the written consent of the Lessor.
2
-------
.
.
IN WITNESS WHEREOF, the Lessor has caused this lease to be executed by its Mayor
and attested to by the City Clerk and the City Seal to be affixed thereto on the day and year first
above written, and the Lessee has executed this lease on the day and year first above written.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to Legal Form:
By:
City Attorney
WITNESSES: MATCH POINT, INC.
~~ BY~~ øL'y
i~ture
() ¥lV1 t1 l<Je.c¿ Ve-r Print Name: /n.J... r. 'A.oN",", ¡".,,.¡..j-
Print Name
Signature
Print Name
STATE OF ~~~
COUNTY OF
~ The foregoin instrument was ¿;knOWledged befor l qft-. day of
, 200~ by c:tJt>/ì as +
(name 0 officer or agent, title of officer or nt), of
(name of corporation acknowledging), a I (state or place of incorporation)
corporati~ on behalf of-the- corporation. 'She ~ ~all7' knownt~roo 9£ has produce&
(tYPeofide~~ao
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
OffICIIo\LNOrNW
~v Pu~ ___
!Ç,
_ c,¡ CCIIII_IG""-
. < GCIIIIII-
'7~ ~ MYCOUt..-.......
,o~r\O r.O:::~.7_
3
,.,'
~
PALM BEACH
METROPOLITAN PLANNING ORGANIZATION
160 Australian Avenue, Suite 201, West Palm Beach, Florida 33406
Phone 561 .684.4170 Fax 561.233.5664 www.pbcgov.com/mpo
May 26, 2004 ..--" ~- ~ --,
-,- 'I"':· ---;: -" Il I',1n ~
," ì :;\ ',: ,","___ '......, n
; \ ! . . .~- - , \ II
., ~.~
Honorable Mayor Jeff Perlman '.JI JUN '2004
. I ",
City of Delray Beach \ dTTëtMív'dSSION
100 NW First Avenue
Delray Beach, FL 33444 ' ~ -:! I
Reference: Palm Beach Metropolitan Planning Organization
Interlocal Agreement
Dear Mayor Perlman:
Following the decennial Census, the Governor and the Metropolitan Planning
Organization (MPO) reviewed the Board's membership. The Palm Beach MPO has
revised and expanded its membership to the maximum of nineteen members. The
membership changes include the addition of the Village of Wellington as a member and
the replacement of a statutorily authorized planning board member with the City of
Greenacres and the Village of Royal Palm Beach as annually alternating members.
The Palm Beach MPO, with its revised membership, must be created through an
Interlocal Agreement executed by all represented jurisdictions. The enclosed
Agreement was created by the Florida Department of Transportation to meet Federal
and State requirements and modified to reflect local members. Also enclosed is an
example resolution authorizing execution of the Agreement. Following your approval,
the MPO staff will meet with you to sign original copies of the Agreement. Copies of the
signed agreement will be distributed later.
Your expeditious attention to this matter is appreciated. If you have any questions,
please contact me.
RMW/eer
Enclosures (2)
cc: Patricia Archer
~p
·
RESOLUTION NO. 48-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION
OF AN INTERLOCAL AGREEMENT FOR CREATION OF
THE PALM BEACH METROPOLITAN PLANNING
ORGANIZATION; EXPANDING ITS MEMBERSHIP TO
INCLUDE THE VILLAGE OF WELLINGTON AS A MEMBER,
AND THE CITY OF GREENACRES, AND THE VILLAGE OF
ROYAL PALM BEACH AS ANNUAlLY ALTERNATING
MEMBERS; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, 23 U.S.c. 134,49 U.S.c. 5303 and Chapter 339.195, F.S., provide for
the creation of metropolitan planning organizations to develop transportation plans and programs,
in cooperation with state and public transit operators, for metropolitan areas; and
WHEREAS, the plans and programs for each metropolitan area must provide for
the development and integrated management and operation of transportation systems and facilities;
and
WHEREAS, Chapter 339.175, F.S., requires that each metropolitan planning
organization be created and established pursuant to an Interlocal Agreement between the Governor
and units of general-purpose local governments designated by the Governor for membership on the
metropolitan planning organization; and
WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) and the
Governor approved a plan to modify the membership of the MFO by eliminating a position which
could only be filled by a member of a statutorily authorized planning board appointed by the Palm
Beach County Board of County Commissioners and increasing the positions to be filled by elected
officials of general-purpose local governments; and
WHEREAS, the Governor has designated the Village of Wellington as a voting
member of the MPO and the Town of Greenacres and the Village of Royal Palm Beach as annually
alternating voting members of the MPO, and approved the expansion of the MPO's membership to
nineteen (19) voting members; and
WHEREAS, the Governor has approved the MFO's membership and membership
apportionment plan as set forth in the Interlocal Agreement for Creation of the Palm Beach
Metropolitan Planning Organization.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, THAT:
-
Section 1. The membership apportionment plan approved by the Governor and the
addition of the Village of Wellington as a voting member of the MFO, and the Town of Greenacres
and the Village of Royal Palm Beach as annually alternating voting members is accepted.
Section 2. The Interlocal Agreement for Creation of the Palm Beach Metropolitan
Planning Organization creating the MFO and establislUng its membership is hereby approved.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED in regular sessiott on this the 8'" day of June, 2004.
MAYOR
ATTEST:
City Clerk
Approved as to Form and Legal Sufficiency
City Attorney
2 RES. NO. 48-04
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
Page 1 of 12
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE
PALM BEACH METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT is made and entered into this day of ,2004,
by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF Palm Beach;
the MUNICIPALITIES of Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter,
Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, Wellington and West Palm Beach;
and the Port of Palm Beach.
RECITALS
WHEREAS, the Federal Government, under the authority of 23 United States Code 134 and 49
United States Code 5303, requires each metropolitan area, as a condition to the receipt of federal capital
or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning
process that results in plans and programs consistent with the comprehensively planned development of
the metropolitan area, and further requires the State Transportation Agency and the Metropolitan
Planning Organization to enter into an Agreement clearly identifying the responsibilities of each party for
cooperatively carrying out such transportation planning;
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to
assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be
properly located and developed in relation to the overall plan of community development;
WHEREAS, 23 United States Code 134, as amended by the Intermodal Surface Transportation
Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Public Law 105-
178,112 Stat. 107),49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306, and
Section 339.175, Florida Statutes, provide for the creation of Metropolitan Planning Organizations to
develop transportation plans and programs for metropolitan areas;
WHEREAS, pursuant to 23 United States Code 134(b), 49 United States Code 5303, 23 Code of
Federal Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made
by the Governor and units of general purpose local government representing at least 75% of the affected
population (including the central city or cities) in the metropolitan area to designate a Metropolitan
Planning Organization;
WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. John F. Koons, Chair
dated March 26, 2004, the Governor has agreed to the apportionment plan of the members of the
proposed Palm Beach Metropolitan Planning Organization as set forth in this Agreement;
WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 339.175(1)(b),
Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental
entities designated by the Governor for membership on the MPO;
WHEREAS, the interlocal agreement is required to create the Palm Beach Metropolitan Planning
Organization and delineate the provisions for operation of the MPO;
FORM 525-010-0 I
POLICY PLANNING
OGC-07/03
Page 2 of 12
WHEREAS, this Interlocal Agreement shall terminate and replace, on its effective date, all
prior interlocal agreements, and all amendments thereto, creating or establishing the Palm Beach
Metropolitan Planning Organization;
WHEREAS, this Interlocal Agreement shall not invalidate, terminate or otherwise impair any
other interlocal agreement relating to the funding, coordination, planning or programming
responsibilities of the Palm Beach Metropolitan Planning Organization;
WHEREAS, the undersigned parties have determined that this Interlocal Agreement satisfies the
requirements of and is consistent with Section 339.175(1 )(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be
consistent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal
agreements; and
WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent
with the requirements of Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation
herein, the parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein
and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the
foregoing recitals to be true and correct shall not operate to invalidate this Agreement.
Section 1.02. Definitions. The following words when used in this Agreement (unless the context
shall clearly indicate the contrary) shall have the following meanings:
Agreement means and refers to this instrument, as amended from time to time.
Department shall mean and refer to the Florida Department of Transportation, an agency of the
State of Florida created pursuant to Section 20.23, Florida Statutes.
FHWA means and refers to the Federal Highway Administration.
FTA means and refers to the Federal Transit Administration.
Long-Range Transportation Plan is the 20-year plan which: identifies transportation facilities;
includes a financial plan that demonstrates how the plan can be implemented and assesses capital
improvements necessary to preserve the existing metropolitan transportation system and make efficient
use of existing transportation facilities, indicates proposed transportation enhancement activities; and in
ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as
required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes.
Metropolitan Area means and refers to the planning area as delineated by the MPO for the
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
Page 3 of 12
urbanized area containing at least a population of 50,000 as described in 23 U.S.C. 134(b)(1), 49 U.S.C.
Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan
Planning Organization' planning authority.
MPO means and refers to the Metropolitan Planning Organization formed pursuant to this
Agreement.
Transportation Improvement Program (TIP) is the is the staged multi-year program of
transportation improvement projects developed by a Metropolitan Planning Organization consistent with
the Long-Range Transportation Plan and developed pursuant to title 23 United States Code 134(h), 49
United States Code 5304, 23 Code of Federal Regulations 450.324 and Section 339.175, Florida
Statutes.
Unified Planning Work Program (UPWP) is the annual program developed in cooperation with the
Department and public transportation providers, that lists all planning tasks to be undertaken during a
program year, together with a complete description thereof and an estimated budget, all as required by
23 CFR 450.314, and Section 339.175(8), Florida Statutes.
ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Agreement is to establish the Palm Beach
Metropolitan Planning Organization:
(a) To assist in the development of transportation systems embracing various modes of
transportation in a manner that will maximize the mobility of people and goods within and through this
metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related
fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the Department, which
plans and programs provide for the development of transportation facilities that will function as multi-
modal and an intermodal transportation system for the metropolitan area;
(c) To implement and ensure a continuing, cooperative, and comprehensive transportation
planning process that results in coordinated plans and programs consistent with the comprehensively
planned development of this affected metropolitan area in cooperation with the Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to
23 U.S.C. 34 and 49 U.S.C. 5303, 5304, 5305 and 5306; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the
Department, as required by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and
450, and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other
applicable state and local laws.
Section 2.02. Maior MPO Responsibilities. The MPO is intended to be a forum for cooperative
decision making by officials of the governmental entities which are party to this Agreement in the
development of transportation-related plans and programs, including but not limited to:
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
Page 4 of 12
(a) The Long-range Transportation Plan;
(b) The Transportation Improvement Program;
(c) The Unified Planning Work Program;
(d) A congestion management system for the metropolitan area as required by state or
federal law;
(e) Assisting the Department in mapping transportation planning boundaries required by state
or federal law;
(f) Assisting the Department in performing its duties relating to access management,
functional classification of roads, and data collection; and
(g) Performing such other tasks presently or hereafter required by state or federal law.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive
plans. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in
transportation. Section 334.044, Florida Statutes, shows the legislative intent that the Department shall
be responsible for coordinating the planning of a safe, viable and balanced state transportation system
serving all regions of the State. Section 339.155, Florida Statutes, requires the Department to develop a
statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy
plans, MPO plans, and approved local government comprehensive plans. Section 339.175, Florida
Statutes, specifies the authority and responsibility ofthe MPO and the Department in the management of
a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334
and 339, Florida Statutes, the Department and all parties to this Agreement acknowledge that the
provisions of the Local Government Comprehensive Planning and Land Development Regulation Act,
Sections 163.3161-3215, Florida Statutes, are applicable to this Agreement. The parties to this
Agreement shall take particular care that the planning processes and planning integrity of local
govemments as set forth in aforementioned law shall not be infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership apportionment plan approved by the Governor is hereby created and established pursuant
to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of
this Metropolitan Planning Organization shall be the Palm Beach Metropolitan Planning Organization.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum,
approval, permit, notice, other proceeding or authorization is required under applicable law to undertake
any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of
this Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and
requirements.
Section 3.03. GoverninQ board to act as policv-makinq bodv of MPO. The governing board
FORM 525-010-01
POLICY PLANNING
OGe - 07/03
Page 5 of 12
established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the
MPO responsible for cooperative decision-making of actions taken by the MPO. The governing board is
the policy-making body that is the forum for cooperative decision-making and will be taking the required
approval action as the MPO.
Section 3.04. Submission of proceedinas; Contracts and other documents. Subject to the right
to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties
shall submit to each other such data, reports, records, contracts, and other documents relating to its
performance as a metropolitan planning organization as is requested. Charges are to be in accordance
with Chapter 119, Florida Statutes.
Section 3.05. Riahts of review. All parties to this Agreement and the affected Federal funding
agency (i.e., FHWA, FTA, and FAA) shall have the rights of technical review and comment of MPO
projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Composition and membership of aovernina board.
(a) The membership of the MPO shall consist of nineteen voting representatives and one
non-voting representative. The names of the member local governmental entities and the voting
apportionment of the governing board as approved by the Governor shall be as follows:
Jurisdiction Members
Palm Beach County 5
City of Belle Glade 1
City of Boca Raton 2
City of Boynton Beach 1
City of Delray Beach 1
Town of Jupiter 1
City of Lake Worth 1
City of Palm Beach Gardens 1
City of Riviera Beach 1
Village of Wellington 1
City of West Palm Beach 2
City of Greenacres 1 Annually Alternating Member·
Village of Royal Palm Beach 1 Annually Alternating Member"
Port of Palm Beach 1
Florida Department of Transportation 1 (Non-voting)
*The City of Greenacres and the Village of Royal Palm Beach shall, on an annual basís, alternate membership on the MPO.
(b) All voting representatives shall be elected officials of general purpose local
governments, except to the extent that the MPO includes, as part of its apportioned voting membership,
a member of a statutorily authorized planning board or an official of an agency that operates or
administers a major mode of transportation. The City of Greenacres and the Village of Royal Palm
Beach shall each have one voting representative who shall serve only during each year the local
government is a member of the MPO. All individuals acting as a representative of the governing board of
------.--
FORM 525-010-01 .
POLICY PLANNING
. OGC- 07/03
Page 6 of 12
the county, the city, or authority shall first be selected by said governing board. Each governing may
appoint one or more alternate voting representatives in place of a regular voting representative who must
. be an elected official serving the same governmental entity that the regular voting representative serves.
(c) In no event shall the county commission representatives constitute less than twenty
percent (20 %) of the total number of representatives on the MPO.
(d) In the event that a governmental entity that is a member of the MPO fails to fill an
assigned appointment to the MPO within sixty days after notification by the Governor of its duty to
appoint a representative, that appointment shall be made by the Governor from the eligible individuals of
that governmental entity.
Section 4.02. Terms. The term of office of members of the MPO shall be four years except that
where membership on the MPO is alternated with another municipality, the term of office shall run
concurrently with municipal membership. The membership of a member who is a public official
automatically terminates upon said official leaving the elective or appointive office for any reason, or may
be terminated by a majority vote of the total membership of the governmental entity represented by the
member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one
or more additional four year terms.
ARTICLE 5
AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy
all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or
appropriate to managing a continuing, cooperative, and comprehensive transportation planning process
as specified in Section 339.175(4) and (5), Florida Statutes.
Section 5.02. Specific authority and powers. The MPO shall have the following powers and
authority:
(a) As provided in Section 339. 175(5)(g), Florida Statutes, the MPO may employ
personnel and/or may enter into contracts with local or state agencies and private planning or
engineering firms to utilize the staff resources of local and/or state agencies;
(b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into
contracts for the performance of service functions of public agencies;
(c) As provided in Section 163.01(5)0), Florida Statutes, the MPO may acquire, own,
operate, maintain, sell, or lease real and personal property;
(d) As provided in Section 163.01 (5)(m), Florida Statutes, the MPO may accept funds,
grants, assistance, gifts or bequests from local, State, and Federal resources;
(e) The MPO may promulgate rules to. effectuate its powers, responsibilities, and
obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local
and state laws, rules and regulations; and]
(f) The MPO shall have such powers and authority as specifically provided in Sections
FORM 525-010-01
POLICY PLANNING
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163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities:
(a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and
appoint a technical advisory committee;
(b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and
appoint a citizens' advisory committee;
(c) As provided in Section 163.01 (5)(0), Florida Statutes, the MPO membership shall be
jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the
purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of
settlements of claims by its governing board;
(d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a
budget which shall operate on a fiscal year basis consistent with any requirements of the Unified
Planning Work Program;
(e) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 613,
Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and loca/laws;
(f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into
agreements with the Department, operators of public transportation systems and the metropolitan and
regional intergovernmental coordination and review agencies serving the metropolitan area. These
agreements will prescribe the cooperative manner in which the transportation planning process will be
coordinated and included in the comprehensively planned development of the area;
(g) Prepare the Long-Range Transportation Plan;
(h) In cooperation with the Department, prepare the Transportation Improvement
Program;
(i) In cooperation with the Department, prepare and annually update the Unified
Planning Work Program;
(j) Prepare a congestion management system for the metropolitan area;
(k) Assist the Department in mapping transportation planning boundaries required by
state or federal law;
(I) Assist the Department in performing its duties relating to access management,
functional classification of roads, and data collection;
(m) Perform such other tasks presently or hereafter required by state or federal law;
(n) Execute certifications and agreements necessary to comply with state or federal law;
and
FORM 525-010-01
POLICY PLANNING
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Page 8 of 12
(0) Adopt operating rules and procedures.
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01 Fundinq. The Department shall allocate to the MPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation
planning funds.
Section 6.02 Inventorv report. The MPO agrees to inventory, to maintain records of and
to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to
funding under this Agreement. This shall be done in accordance with the requirements of 23 CFR Part
420, Subpart A, 49 CFR Part 18, Subpart C, and all other applicable federal regulations.
Section 6.03 Record-keepinQ and document retention The Department and the MPO
shall prepare and retain all records in accordance with the federal and state requirements, including but
not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119,
Florida Statutes.
ARTICLE 7
MISCELLANEOUS PROVISIONS
Section 7.01. Constitutional or statutory duties and responsibilities of parties. This
Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of
any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or
responsibility imposed upon them by law, except to the extent of actual and timely performance thereof
by one or more of the parties to this Agreement or any legal or administrative entity created or authorized
by this Agreement, in which case this performance may be offered in satisfaction of the obligation or
responsibility.
Section 7.02. Amendment of Aqreement. Amendments or modifications of this Agreement
may only be made by written agreement signed by all parties here to with the same formalities as the
original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO
without approval by the Governor.
Section 7.03. Duration: withdrawal procedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; provided, however, that by no later than June 30, 2009 and at least every five years
thereafter, the Governor shall examine the composition of the MPO membership and reapportion it as
necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the
MPO apportionment every five years by the Governor, this Agreement shall be reviewed by the MPO and
the Department to confirm the validity of the contents and to recommend amendments, if any, that are
required.
(b) Withdrawal procedure. Any party, except Palm Beach County and the United States
Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting in
written form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least 90
FORM 525-0 I 0-0 I
POLICY PLANNING
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Page 9 of 12
days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the
withdrawal of the member and alteration of the list of member governments that are signatories to this
Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county
in which a party hereto is located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the
agreement of the remaining members of the MPO, shall determine whether any reapportionment of the
membership shall be appropriate. The Governor and the MPO shall review the previous MPO
designation, applicable Florida and local law, and MPO rules for appropriate revision. In the event that
another entity is to accorded membership in the place of the member withdrawing from the MPO, the
parties acknowledge that pursuant to 23 CFR 450.306(k), adding membership to the MPO does not
automatically require re-designation of the MPO. In the event that a party who is not a signatory to this
Agreement is accorded membership on the MPO, membership shall not become effective until this
Agreement is amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for
under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
prepaid, return receipt requested. Notice required to be given shall be addressed as follows:
Palm Beach County City of Belle Glade
301 North Olive Avenue 110 Southwest Avenue "E"
West Palm Beach, FL 33401 Belle Glade, FL 33430
City of Boca Raton City of Boynton Beach
201 West Palmetto Park Road 100 East Boynton Beach Boulevard
Boca Raton, FL 33432 Boynton Beach, FL 33435
City of Delray Beach City of Greenacres
100 Northwest First Avenue 5985 Tenth Avenue North
Delray Beach, FL 33444 Greenacres, F 33463-2399
Town of Jupiter City of Lake Worth
210 Military Trail 7 North Dixie Highway
Jupiter, FL 33458 Lake Worth, FL 3360
City of Palm Beach Gardens City of Riviera Beach
10500 North Military Trail 600 West Blue Heron Boulevard
Palm Beach Gardens, FL 33410 Riviera Beach, FL 33404
Village of Royal Palm Beach Village of Wellington
1050 Royal Palm Beach Boulevard 14000 Greenbriar Boulevard
Royal Palm Beach, FL 33411 Wellington, FL 33414
City of West Palm Beach Port of Palm Beach
Post Office Box 3366 Post Office Box 9935
West Palm Beach, FL 33402-3366 Riviera Beach, FL 33419-9935
FORM 525-0 I 0-0 I .
POLICY PLANNING
. OGC-07/03
Page 10 of 12
Florida Department of Transportation- Dist. IV
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
A party may unilaterally change its address or addressee by giving notice in writing to the other parties as
provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address.
Section 7.05. Interpretation.
(a) Drafters of Aareement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the
drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more
strongly construed against any party as drafter of this Agreement.
(b) Severability. Invalidation of anyone of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgment, court order, or
administrative hearing or order shall not affect any other provisions or applications in other
circumstances, all of which shall remain in full force and effect; provided, that such remainder would then
continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules of
construction shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.06. Enforcement bv parties hereto. In the event of any judicial or administrative
action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attomey's
fees in connection with such proceeding.
Section 7.07. Aareement execution: Use of counterpart sianature paaes. This Agreement,
and any amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to be an original, and such counterparts together shall constitute one and the
same instrument.
Section 7.08. Effective date: Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of
the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto
shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in
which a party hereto is located.
(b) Recordation. FDOT hereby agrees to pay for any costs of recordation or filing of
this Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The
recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records.
FORM 525-010-01
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IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement
on behalf of the referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS CITY OF DELRAY BEACH
OF PALM BEACH COUNTY, FLORIDA
BY: BY:
CHAIRPERSON MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BELLE GLADE CITY OF GREENACRES
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOCA RATON TOWN OF JUPITER
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOYNTON BEACH CITY OF LAKE WORTH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
,
FORM 525-010-0 I
POLICY PLANNING
aGe - 07/03
Page 12 of 12
CITY OF PALM BEACH GARDENS PORT OF PALM BEACH
BY: BY:
MAYOR CHAIR
ATTEST: ATTEST:
CLERK EXECUTIVE DIRECTOR
CITY OF RIVIERA BEACH
BY: STATE OF FLORIDA
MAYOR DEPARTMENT OF TRANSPORTATION
BY:
ATTEST: DISTRICTSECRET ARY
CLERK
ATTEST: .
VILLAGE OF ROYAL PALM BEACH EXECUTIVE SECRETARY
BY:
MAYOR
Approved as to Form:
ATTEST: Florida Department of Transportation
CLERK
VILLAGE OF WELLINGTON BY:
ATTORNEY
BY:
MAYOR
ATTEST:
CLERK
CITY OF WEST PALM BEACH
BY:
MAYOR
ATTEST:
CLERK
RESOLUTION NO. R-
A RESOLUTION OF THE (Insert Name of MunicipaliM, FLORIDA,
APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR
CREATION OF THE PALM BEACH METROPOLITAN PLANNING
ORGANZIA TION; EXPANDING ITS MEMBERSHIP TO INCLUDE THE
VILLAGE OF WELLINGTON AS A MEMBER, AND THE CITY OF
GREENACRES AND THE VILLAGE OF ROYAL PALM BEACH AS
ANNUALLY AL TERNA TING MEMBERS; ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, 23 U.S.C. 134,49 U.S.C. 5303 and Chapter 339.175, F.S., provide for the
creation of metropolitan planning organizations to develop transportation plans and programs, in
cooperation with state and public transit operators, for metropolitan areas; and
WHEREAS, the plans and programs for each metropolitan area must provide for the
development and integrated management and operation of transportation systems and facilities;
and
WHEREAS, Chapter 339.175, F.S., requires that each metropolitan planning
organization be created and established pursuant to an Interlocal Agreement between the
Govemor and units of general-purpose local governments designated by the Governor for
membership on the metropolitan planning organization; and
WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) and the
Governor approved a plan to modify the membership of the MPO by eliminating a position which
could only be filled by a member of a statutorily authorized planning board appointed by the Palm
Beach County Board of County Commissioners and increasing the positions to be filled by elected
officials of general-purpose local governments; and
WHEREAS, the Governor has designated the Village of Wellington as a voting
member of the MPO and the Town of Greenacres and the Village of Royal Palm Beach as annually
alternating voting members of the MPO, and approved the expansion ofthe MPO's membership to
19 voting members; and
WHEREAS, the Governor has approved the MPO's membership and membership
apportionment plan as set forth in the Interlocal Agreement for Creation of the Palm Beach
Metropolitan Planning Organization.
NOW, THEREFORE, BE IT RESOLVED BY THE (Insert Name of Municipality),
FLORIDA THAT:
1. The membership apportionment plan approved by the Govemor and the addition
of the Village of Wellington as a voting member of the MPO, and the Town of
Greenacres and the Village of Royal Palm Beach as annually alternating voting
members is accepted.
2. The Interlocal Agreement for Creation of the Palm Beach Metropolitan Planning
Organization creating the MPO and establishing its membership is hereby
approved.
3. This resolution shall take effect immediately upon its adoption.
The foregoing Resolution was offered by who moved
its adoption. The motion was seconded by , and upon
being put to a vote, the motion passed. The Chair thereupon declared the Resolution duly adopted
this day of ,2004.
(Insert Name of Municipality), FLORIDA
By:
Mayor
ATTEST:
By:
Municipal Clerk
APPROVED AS TO FORM
& LEGAL SUFFICIENCY
By:
Municipal Attorney
Ö~~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
, 1 0 . I D ..
D.f!td
AJl.AmerlcI CIty
~~II'~ MEMORANDUM
DATE: May 20, 2004
TO: City Commission
David Harden, City Manager
~ '- .--..r--
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Resolution No. 42-04 (Setting Public Hearing Date for Pineapple
Grove Wav Special Assessment District Final Assessment Roll)
The attached resolution will set the public hearing date for consideration of the
Pineapple Grove Way Special Assessment District final assessment roll.
In June of 2000, the City Commission declared a necessity for the improvement of
Pineapple Grove Way (from just north of Atlantic Avenue to N.E. 4th Street) by
narrowing the street, installing brick paver sidewalks, raising intersections,
constructing traffic calming measures, installing street lights and landscaping as
well as other street beautification measures. The Pineapple Grove Way Special
Assessment District was established through the adoption of Resolution 49-00 on
July 25, 2000, in order to defray a portion of the costs of the street beautification.
The total estimated cost of the street beautification improvements was
$2,049,850.00, of which the City, CRA and property owners would each contribute
a one-third share in the amount of $683,283.33.
Construction of the street beautification improvements has been completed and a
final accounting of the costs has been made. In accordance with the requirements
of state law and the City's Land Development Regulations, a final assessment roll
has been prepared, which will be considered for adoption at a public hearing
scheduled for July 20, 2004. The City Clerk will be mailing notices to the individual
property owners of the hearing and the final assessment amount.
Our office requests that this item be placed on the June 8, 2004 City Commission
agenda. Please call if you have any questions.
cc: Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
~
RESOLUTION 42-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR
THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL
FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT;
PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE
REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, at the June 6, 2000 meeting, the City Commission declared a necessity for
the street beautification of Pineapple Grove Way (N.E. 2nd Avenue), from the first alley
intersection just north of Atlantic Avenue to N.E. 4th Street, through the adoption of Resolution
No. 47-00; and
WHEREAS, at a public hearing held on July 25, 2000, the City Commission certified
and adopted the preliminary assessment roll showing the property to be assessed and the
amount of the assessments for the Pineapple Grove Way Special Assessment District; and
WHEREAS, construction of the street beautification improvements within the Pineapple
Grove Way Special Assessment District has been completed and a final accounting of the costs
has been made; and
WHEREAS, pursuant to the requirements of state law and the City's Land
Development Regulations a final assessment roll has been prepared showing the property to be
assessed and the amount of the assessments; and
WHEREAS, the City Commission must provide notice of the fmal assessments and
hold a public hearing prior to the final certification and adoption of the final assessment roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a public hearing shall be held on July 20, 2004, at 7:00 p.m. at the
Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida
33444. At the public hearing, owners of the property to be assessed or any other persons
interested therein may appear before said governing authority and be heard as to the propriety
and advisability of adopting such final assessment roll.
Section 2. That the City Clerk shall mail notice of the public hearing to each
property owner listed in the final assessment roll.
Section 3. That the City Clerk shall publish notice of the public hearing in a
newspaper of general circulation within the county .
Res. No. 42-04
-
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 8th day of June, 2004.
MAYOR
ATTEST:
City Clerk
Res. No. 42-04
-...-""'-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t7JtI\
SUBJECT: AGENDA ITEM # ß'R - REGULAR MEETING OF JUNE 8. 2004
AMENDMENT NO. 2 TO THE CLINICAL SERVICES
AGREEMENT ¡DR. RANDALL WOLFF
DATE: JUNE 4, 2004
This is before City Commission to approve Amendment No.2 to the Clinical Services Unit (CSU)
Agreement between the City and Dr. Randall Wolff to provide for a 15% increase effective October
1, 2004 and enhancements to the Fire Fighter and Police Officer annual physical examinations. The
cost increase will affect all City departments who utilize the clinic for any of their services. This is the
first base cost increase since the inception of the contract on May 2, 2001.
Recommend approval of Amendment No.2 to the Clinical Services Unit (CSU) Agreement between
the City and Dr. Randall Wolff to provide for a 15% increase effective October 1, 2004 and
enhancements to the Fire Fighter and Police Officer annual physical examinations.
S:\City Clerk\agenda memos\Ctinical Services Unit Contract Amendment No.l.06.08.04
[ITY DF DElRAY BEA[H
FIRE·RESCUE DEPARTMENT ~<:R\/!NC D~~!.RAY BEACH . GULF STREAM . HIGHLAND BEACH
DELRAY BEACH
',ü" D A
...
AII·America City
, III I!
1993 MEMORANDUM
2001
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: June 1,2004
SUBJECT: Amendment to the agreement between the City and Dr. Randall Wolff
Attached you will find a copy of Amendment No.2 to Ihe agreemenl between the
City and Dr. Randall Wolff regarding the Clinical Services contract dated May 2, 2001.
This agreement amends and enhances the scope of services for the Fire Fighler and Police
Officer Annual Examinations. The amendment also provides for all fees and costs listed
in the Agreement to be increased by 15% effective October 1, 2004. This cost increase
will effect all Cily departments who ulilize the clinic for any of their services. This is the
first base cost increase since the inception of Ihis contract. We are requesting City
Commission approval of this amendment.
I am attaching an Agenda Request for the next regular commission meeting on
June 8, 2004.
)(. fS.l -
K~oen
Fire Chief
KBK/tw
FIRE-RESClJE DCPARTMENT HEADOlJARTERS . 501 WEST ATLANTIC AVENUE' DURAY BEACH, FLORIDA 33444-2555
(551i 243-7400' FAX (561) 2437461
Printed on Recyded Papc,
---------
AMENDMENT NO.2 TO THE AGREEMENT BETWEEN THE CITY AND
DR. WOLFF REGARDING CLINICAL SERVICES DATED MAY 2, 2001
THIS AMENDMENT NO.2 to the Agreement dated May 2,2001 is made this_
day of , 2004, by and between the CITY OF DELRA Y BEACH ("City")
and DR. WOLFF.
WITNE S SETH:
WHEREAS, the parties entered into an Agreement dated May 2, 2001, for the
establishment of a Clinical Services Unit; and
WHEREAS, the parties need to clarify certain portions of the services offered; and
WHEREAS, the parties desire to amend the Agreement to allow for an increase in all the
costs and fees referred to in the Agreement.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated May 2, 2001, is hereby amended as follows:
SECTION I
SCOPE OF SERVICES
C. Firefighter and Police Officer Annual Exam Components:
4. Tübereülssis Test/Tine, PPD as needed, eheGt X ray as neeessary.
Chest X-rav is necessarY for a positive PPD for 3 vears then as medically
necessarY. A baseline chest X-raY for new hires then a Chest X-ray everY 5 years.
5. Stress Test (Treadmill) (f.fter age 49 every fi'¡e years thereafter sr as etherwise
indieated by E¡¡hièit "I "). to be performed beginning at age 40 and everY other
year thereafter, or as otherwise medically indicated.
6. Laboratory Work-Up:
a. CMP, LP, 6AC, CBC, RPR, UA, Hep=A,B,C and B quantitative, HIV.
(confirmation on positive results)
b. PSA (males over 40 required)
c. Drug Screen (10 Panel. Levels established in Chapter 59 A-24, Florida
Administrative Code). (Physical)
d. Blood Alcohol (Levels established in Chapter 59 A-24, Florida Administrative
Code).
e. Blood test TSH as clinicallv necessary.
G. Hazanlmw Materials Hazmat Technician Medieal S1H'Veill!lllee:
3. The Agreement is also amended to provide that all fees and costs listed in the
Agreement are hereby increased by 15% effective October 1,2004.
4. The Agreement is further amended to provide that the tenn of the Agreement
shall be for a period of three (3) years, commencing upon the execution of this Amendment No.
2 by both parties. The parties shall have the option of renewing this Agreement for one three (3)
year period, upon the consent of both parties.
5. This Amendment together with the original Agreement and any written
amendments hereto, constitutes the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party
shall be entitled to rely upon any conflicting oral representations, assurances, claims or
disclaimers, made either prior to or simultaneous with the execution ofthis Amendment.
6. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other tenns and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
7. This Amendment No.2 shall not be effective until signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Amendment No.2 on the day
and year first hereinabove written.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to legal form:
By:
City Attorney
WITNESSES: Ra~d~
By:
(Name printed or typed)
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 200_, by (name of person
acknowledging).
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known OR Produced Identification
Type ofIdentification Produced:
-
Date: 6/01/04 AGENDA ITEM NUMBER: ?)R-
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 06/08/04
Description of agenda item (who, what, where, how much):
Approval of Amendment Number 2 to the agreement between the City and Dr. Randall
Wolff regarding the Clinical Services contract dated May 2, 2001. This amendment includes
changes to enhance Fire Fighter and Police Officer annual physical examinations and
provides for a 15% increase effective October 1, 2004.
Department Head V'Q...",- ì~ ~o;.
Signature: .
City Attorney Review/Recommendation (if applicable): Reviewed and recommends
approval.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: Yes
Account Number Several
Description Ci1;y/Police/Fire/Parks and Recreation/Human Resources
Account Balance: Effective October 1. 2004
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:B / No Initials: 07'1
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGERt11'1
SUBJECT: AGENDA ITEM # ~ S - REGULAR MEETING JUNE 8. 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACfIONS
DATE: JUNE 4, 2004
Attached is the Report of Appealable Land Use Items for the period May 17, 2004 through June 4,
2004. It infonns the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmem'(I6.08.04
TO: DÇ!Z T. HARDEN, CI}Y MANAGER
THRU: PAU~L~ECTOR OF PLANNING AND ZONING
~t'Ø/Yk'n. ~
FROM: [JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JUNE 8, 2004 "CONSENT AGENDA"
REPORT OF APPEALABLE LAND USE ITEMS MAY 17, 2004 THRU JUNE 4,
2004
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of May 17, 2004 through June 4, 2004.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In
summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission as
an appealed item.
A. Approved (4 to 0 Jess Sowards, Joe Pike and Charles Walker absent), a master plan
modification to change the land use designation for specific units within Congress Commerce
Center, located at the southeast corner of Congress Avenue and Lake Ida Road from light
industrial to service industry and to waive the limitation on the service industry square footages
from the allotted 25% of the total uses in the center to 31.09%.
No other appealable items were considered by the Board. The following items which were
considered by the Board will be forwarded to the City Commission for action.
. Recommended approval (4 to 0), of the amendments to the Text of the Comprehensive Plan
included in Comprehensive Plan Amendment 2004-2.
. Recommended denial (3 to 1, Kenneth Peltzie dissenting), of a privately initiated Future Land
Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium
Density Residential 5-12 du/ac) and rezoning from CF (Community Facilities) in part and R-1-A
(Single Family Residential) in part to RM-10 (Medium Density Residential 10 units per acre) for
The Cottages at Banyan Village, located at the southwest corner of South Swinton Avenue and
SW 10th Street.
City Commission Documentation
Appealable Items Meeting of June 8, 2004
Page 2
. Recommended approval (4 to 0) of a City initiated Future Land Use Map Amendment from GC
(General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and rezoning from GC (General Commercial) in part and CF (Community
Facilities) to CBD (Central Business District) for properties generally located on the north and
south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th
Avenue (1200 Block) within the West Atlantic Avenue Overlay District.
. Recommended approval (4 to 0), of a combined preliminary/final subdivision plat approval for
Carlson Black Replat, a proposed 45-unit townhouse development, located on the south side of
West Atlantic Avenue, approximately 140 feet east of Whatley Road.
lmiiimmll¡m~illmilllll.IR~!IiIIIIIIIIIIB_II~i_
A. Approved (7 to 0), a freestanding plaza identification sign for Executive Quarters Plaza,
located on the west side of South Federal Highway, south of SE 10th Street (1030-1060 South
Federal Highway).
B. Approved (7 to 0), a request for a color change for the proposed awnings for 105 East Atlantic
Avenue, located at the northeast corner of East Atlantic Avenue and NE 1st Avenue.
C. Approved (7 to 0), of a Class IV site plan modification, landscape plan and architectural
elevation plan associated with the construction of a 20,671 square foot building for The Boys
and Girls Club, located on the north side of SE 7th Street, approximately 140 feet west of SW
14th Avenue (Auburn Trace). The previously approved site plan expired requiring a new site plan
approval.
D. Approved (6 to 0, Gary Eliopoulos stepped down), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a three-story mixed-use building
consisting of 3,840 square feet of retail floor area and four residential units for Gwynn Mixed-
Use Building, located at the northwest corner of George Bush Boulevard and NE 9th Avenue.
Concurrently, the Board approved the following waivers;
. Reduced the required 20' sight visibility triangles along the alley to 5'6" (north side) and 8'
(south side).
. Reduced the required 40' sight visibility triangle at the intersection of George Bush
Boulevard and NE 9th Avenue to 20'.
111~11~li~m~mmmm~I~~IIIII.
U. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the
demolition of a 286 sq. ft. garage for 118 Dixie Boulevard, located on the south side of Dixie
Boulevard, between Swinton Avenue and NE 2nd Avenue. Additionally the Board approved on
a 7 to 0 vote, a request for a variance to allow a reduction in the side interior setback (north
side) from 10 feet to 5 feet for the contributing historic residence (the variance is not
appealable).
In conjunction with this item the Board considered the following items which will be forwarded
to the City Commission for action:
---
City Commission Documentation
Appealable Items Meeting of June 8, 2004
Page 3
. Recommended that the City Commission approve waivers (6 to 1, Mary Lou Jamison
dissenting) to the minimum lot dimensions requirements to allow a reduction of the total lot
area and lot frontage/width requirements associated with the reconfiguration of the existing
lots.
. Recommended that the City Commission approve a replat (6 to 1, Mary Lou Jamison
dissenting) of the subject property to create Four (4) buildable lots.
V. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the
installation of a wall sign for J&F Beauty Supply, located at the southeast corner of West
Atlantic Avenue and SW 1st Avenue (60 West Atlantic Avenue).
W. Approved (7 to 0), a request for a Certificate of Appropriateness for a wall sign for The
Rectory, located at the southwest corner of West Atlantic Avenue and South Swinton Avenue
(14 South Swinton Avenue).
X. Approved (7 to 0), a request for a Certificate of Appropriateness for the installation of
decorative shutters and removable storm panels for the Donovan Residence, located at 144
NW 3rd Avenue.
Y. Approved (6 to 0, Francisco Perez-Azua stepped down), a Class I site plan modification and a
Certificate of Appropriateness associated with the installation of removable storm panels for
Mano-A-Mano (fka Tapas) located at the southeast corner of East Atlantic Avenue and South
Swinton Avenue (8 East Atlantic Avenue).
Z. Approved (7 to 0), a Certificate of Appropriateness associated with the installation of a
freestanding sign for S+D Architecture, Inc., located on the west side of North Swinton
Avenue, north of NW 1st Street (138 North Swinton Avenue).
.llilmmll~IJ~lllli!~rij~II""II~BIIIIII'IIIIIII~.II_~llmll!mll~~I_
By motion, receive and file this report.
Attachment: Location Map.
- -- -..
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - GULF STREAM BLVD
JUNE 8, 2004 ,
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A. CONGRESS COMMERCE CENTER U -118 DIXIE BLVD. -----CITYLlMITS -----
V - J & F BEAUTY SUPPL Y
SPRAB W - THE RECTORY I QNEMILE I
1. EXECUTIVE LAKES PLAZA X - DONOVAN RESIDENCE
2. 105 EAST ATLANTIC AVENUE Y - MANO - A - MANO (a.k.a. TAPAS) GRAPHiC SCALE
3. THE BOYS & GIRLS CLUB Z - S + D ARCHITECTURE, INC.
4. GWYNN MIXED USE BUILDING CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
JUNE 2004
··DIGITALBASi:MAPSYSTEM_·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # '8\- - REGULAR MEETING OF JUNE 8. 2004
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 4, 2004
This is before the City Commission to approve the award of the following bids:
1. Bid award to Integrity Well and Pump Company in the amount of $307,300.00 for
rehabilitation of the Aquifer Storage and Recovery (ASR) well. Funding is
available from 442-5178-536-46.90 (Other Repair & Maintenance).
2. Purchase award to Ferguson Waterworks at an estimated annual amount of
$17,894.22 via the City of Hollywood Bid #F-3765-02-WG for the purchase of fire
hydrants for the Water Sewer Division. Funding is available from 442-5178-536-
61.77 (Water/Sewer/Renewal & Replacement/Fire Hydrant Replacement).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo.06.08.04
---- -- -
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.(·om
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P~
Deputy Director of U . .
DATE: June 2, 2004
SUBJECT: Aquifer Storage and Recovery (ASR) Rehabilitation
Project Number 2003-014
Attached is an agenda request, tabulation of Bids and other related information for the subject
project. The firm of Integrity Well & Pump Company is the apparent lowest responsive bidder
with a total proposal of $307,300. This price includes $303,200 for the base bid, $24,000 for add
alternate A.4 and (-$19,900) for deduct alternates D.1 through D.4. The work entails rehabilitation
of the existing Aquifer Storage and Recovery Well located at the North Storage Reservoir at the
northwest comer ofN.W. 2nd Street and N.W. 2nd Avenue. Rehabilitation and improvements
generally include:
· Lowering the artesian pressure in the well with salt.
· Removing the existing wellhead.
· Conducting air-lift development and over-pumping of the well.
· Acidization, if needed.
· Conducting geophysical logging and bore-hole video surveys.
· Conducting pumping tests and measuring sand content.
· Installing new vertical turbine pump and motor.
· Installing new valves and actuators.
· Placing the well back in service.
Based on their proposal, our consultant's recommendation and satisfactory recommendations from
past clients, we are recommending award of the project to Integrity Well & Pump Company in the
total amount of $307,300. Funding will be from 442-5178-536-46.90, other repair and
maintenance. Appropriate budget transfers are attached.
If acceptable please place this item on the June 8, 2004 meeting for consideration by the City
Commission.
cc: Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, Manager of Water Treatment Plant
City Clerk
Agenda File
s: IEngAdminIProjects\2003\2003-014\OFFICIAL \Agenda MEMO Integrity.doc '6T~
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Hillsboro Executive Center North
800 Fairway Drive
Suite 350
. Deerfield Beach, FL 33441-1831
CH2MHILL Tel. 954.426.4008
~ Fax 954.698.6010
May 6, 2004
Mr. Dan Beatty, P.E.
Deputy Director
Environmental Services Department
City of Delray Beach
¡I')4 c:. c:.H·~.~..a.r...... 6.""~''''''Hr.
~_.~....... ......····..~.L.....~. _.. L.J...........
Delray Beach, FL 33444
Dear Mr. Beatty:
Subject: Project No. 2003-014, Aquifer Storage and Recovery Well Rehabilitation and
Improvements-Bid Tabulation and Recommendation
As a follow up to our meeting last week regarding the bids received from the contractors for
the subject project (Bid No. 2004-11), the following provides our assessment of the bids and
subsequent recommendations.
On April 8, 2003, at 2:00 p.m., the City of Delray Beach opened bids for the subject project
related to the rehabilitation and improvements to the City's Aquifer Storage and RecOI'ery
(ASR) well. The rehabilitation and improvements are required to address issues related to
the production of sand from the well and to rectify the past issues related to pump and
motor failures. Proposals were received from the following three licensed drilling
contractors:
. Jaffer Associates Corporation
. Integrity Well and Pump Company
0 Sout1Î~a;jt Dlilliúg Sefv:ú':~1 Inc.
Diversified Drilling Corporation declined to bid due to workload constraints.
After reviewing the bid proposals, it was determined that Jaffer Associates Corporation
provided the apparent lowest, most responsive base bid, excluding the alternates. The bids
are summarized below, with more detail provided in the attached bid tabulation.
Well Drilling Contractor Base Bid
-----~-
Jaffer Associates Corporation $302,000
Integrity Well and Pump Company $303,200
Southeast Drilling Services, Inc. $331,800
·
Mr. Dan Beatty, P.E.
Page 2
May 6, 2004
After reviewing the bids, the City has elected to consider Additive Alternate A.4 and all of
the Deductive Alternates (D.1 - D.4), thus revising the total bid amounts as reflected below.
Base Bid, Plus Selected
Well Drilling Contrsctor Alternates
Integrity Well and Pump Company $307,300
Jaffer Associates Corporation $326,200
Southeast Drilling Services, Inc. $361,200
With the selected alternatives, the apparent lowest, most responsive bidder is Integrity Well
and Pump Company. Therefore, we recommend that the City proceed to enter into a
contract with Integrity Well and Pump Company to conduct the rehabilitation and
improvements to the City's ASR well for a not to exceed amount of $307,300.
As always, it's a pleasure to be of service to the City, and should you have any questions or
would like us to help set up a meeting with the City Planning Department, please call me at
561-737-6665.
Sincerely,
CH2M HILL
~-
-U
Timothy S. Sharp,
Project Manager
DFB310036961851.doc/041270009
c Richard Hasko/Delray Beach
AGENDA REOUEST <2;v:1..-
Agenda Item
No.
Request to be placed on:
--X- Regular Agenda Date: June 2. 2004
_ Special Agenda
_ Workshop Agenda When: June 8. 2004
Description of item (who, what, where, how much): Reauesting Commission A ward a contract to
Tntegritv Well & Pump Companv in the amount of $307.300 for rehabilitation and pump renlacement of the
AClUifer Storage and Recovery Well. Tntegritv Well & Pump Companv is the lowest responsive bidder for
the proiect. Funding is available from Renewal and Renlacement Account No. 442-5178-536-46.90. Other
Renair and Maintenance.
ORDINANCE/RESOLUTION REQUTRED: YES/NO DRAFf ATTACHED YES/NO
Recommendation: Staff recommends a 't Well & Pum Com an in the
amount of 307 300.
Department head signature: ~ -2.,--64-
Detennination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of fundS)!~.... P).J~ "f.¡
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & DescriptionZkf.,. i $,..,,"-- ~ J L..R M1..... . ''4'":.t." '1v\,c.,'...rt .
Account Balance If .so 7J 31>0 ",;-{.t" .J. -C
City Manager Review:
Approved for agenda: @/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-0 14\OFFICIAL\Agenda Req lntegrity.doc
__~_~m_
MEMORANDUM
TO: David Harden, City Manager
FROM: Patsy Nadal, Buyer
THROUGH: Joseph Safford~ce Director
DATE: 6/4/2004
SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING
JUNE 8, 2004 - PURCHASE AWARD TO FERGUSON
W A TERWORK FOR PURCHASE OF FIRE HYDRANTS
VIA CITY OF HOLLYWOOD BID #F-3765-02-WG
Item Before Commission:
City Commission is requested to approve to Ferguson Waterworks for the purchase of fITe hydrants via
the City of Hollywood Bid #F-3765-02-WG for an estimated annual cost of $ I 7,894.22.
Backl!round:
The Water/Sewer Department is in need of an annual contract for the purchase of fire hydrants. The City
of Hollywood has a contract for the purchase of American Flow Fire Hydrants from Ferguson
Waterworks - Bid #F-3765-02-WG.
Ferguson Waterworks has agreed to extend their pricing to the City of Delray Beach for fire hydrants via
the City of Hollywood Bid #F-3765-02-WG per attached memo dated January 30, 2004. In addition,
Ferguson Waterworks will extend to the City of Delray Beach a 32% discount off of the manufacturer's
list price for fire hydrants not listed on the City of Hollywood bid. A tabulation of bids received from the
City of Hollywood is attached for your review.
Scott Solomon, Water/Sewer Manager, recommends the purchase of fire hydrants for an estimated
annual cost of $17,894.22, with $5,964.74 budgeted for fiscal year 2004 and the balance of$1 1,929.48
to be considered for fiscal year 2005 budget.
Recommendation:
Staff recommends the approval of award to Ferguson Waterworks for the purchase of fire hydrants via
the City of Hollywood Bid #F-3765-02-WG at an estimated annual cost of$17,894.22.
Funding from account code: 442-5178-536-61.77
Attachments: Letter from Ferguson Waterworks
Memo from Water/Sewer Manager
Tabsheet from City of Hollywood
cc: Jackie Rooney, Purchasing Manager
8'?\.~
J HN- _)1-1- Ô1v.J4 lJ'Jb rc~uU~UN WHlc~WU~K~ 1¿~ LJ~4 %0 0095 P.02/¡' ~
øFERGUSON"
Waterworks
. t¥OIit:1D GClmpl!nJ
Ferguson Entorprisof'>, Inc
2361 N.W. 22nd Straat
Pomoano Boach. FL 33069-1394-
Phone; 954-973-8100
FAX' 954-960-0095 vvvvvv.fargu:bon.com
F",m. Jason MucllCl
To: ClIy of Delray Beach
Ann: Jackie Rooney
Suject: Contract CO-OP
.. ..--
Dear Jackie,
Fcrguson would like to e>.1end to the City of DelIay Be.ach the contract pricing on bid award /I F-3765-{)2-
WG (purchase of Fire Hydranls) with the City of Hollwood Ferguson would also like to extend a 32%
discount off the manufacturer's list price for any fire hydrants, repair pans, and accessories not on the
cont.ract
Thank you,
C~~
Sales Manager
Products You Know. People You Trust." W
I~;'\-l(,(/j'
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To: Jaclåe Rooney. Purchuing Mmagea-
From: Soott Solomon. Water/Sewer MUla~
Date: February OS, 2004
Subject: Purchase of Fire Hydrant. and Accessories
E8limated annual quantity for Fin: Hydrants per year. Pricil1i per City of Hollywood Bid #F-
3765-02- WO willi Per lIson Undcrarol.lnd.
8i:<0 Quantity: Unit Coat: Total Amouat
36" 6 $711.00 $4,266.00
.2" (\ $728.00 $4,368.00
48" (\ $745.00 $4,470.00
54" 6 57\10.44 $2,372.82 ·
60" (\ SIOS.80 $2,417.40 ·
Total 517,89<4.02
· 32% díSCOWlt ofmam¡fllCt"",,'1 li.t ptice
111 addition, Ferguson i. offeri", City a 32% discount off lilt price for hydrant. not listed on the
City of Hollywood Bid and 32"/0 diacount off misc. repair parts and scceasorieIJ for thðle
hydrants.
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. :ii~ City of Hotlywood, Florida" ':',~
'\ ,,:;~:, .' /-2500HOLL YWQOO BLV6--- ·P.O. BOX 22()045 . ZIP 33022-904S ;']' ::" .~ ':",
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'(>i~",..,...,;"/ . ..' 'r .¡. ; I' ~ . .
DATE': -'JUIY 17 2003 RE: BLANKET ORQER # B001314: 'l~:: ~~~,\ -:.::,
, ~'- '_ ~"I(' ".lIk I~
PRODUCT/SERVICE: Purchase of fire ,pd·."": , ,,:'"
Hydrants(~'("~:'?'¡~':- ,"
" ,', ~~I~:';~'!,'!'I:~~;I! ~ :""
Ferguson Underground " ;;;~::':~"<;' . '
2361 NW 22"" Street i"\"'- \.::.
.' I",,"., ",
Pompano Beach. FL 33069 '. ..jI" '
'I~
'. .
Dear Vendor:
. I,'
1 hi!~ is. to inform you that the City of Hollywood. Florida is entering into a Blanket Order with YQur
.-.. ""'. .." ~ .. ~?:",:,..,..,~ ':''1: 0T1(> ...,I.hp fr:~1""' !i""",:,:
L,j " OK~.Á¡\L 010 I.'
0 INf-ORMAL BID # DA1ElJ:
N KFN"WAI OF FOKMAl BID # CO-ùP BID f.3765~2,WG OAT"n,
0 fx rENSION Of- FORMI" BlolRFP# OATEn:
0 WRITTF.N QUOTATION # DATED,
[J VI KßÄl Gum MION PeR OATCD
0 ST A TF' or FLORIDA CONTRACT # DATC )'
n BRrlWARO COUNty RID #
LI OõI-lL>1:
The term 01 this order IS 9/22/2003 through 9/2112004.
The estimated dollar value is $49,600.00.
The obligations of the City of f lollywood under this order are subject to the availability of funds
lawfully appropriated for its purpo!<e by the City Commission and are subject to the terms and
conrhtions cont;-¡,ned on the Purchase Order form
Tile City of Hollywood Departments will issue hard copy orders <igainstthis Blanket Order as
your autho,iz;:¡tion to deliver. All invoices must reference each unique dn~ument number.
If YOll ""ve any questions. please contact Windol Green at (954) 921·3552
Director, Public Utilities !
c'
Underground Utilities Manager
tJI.mkl'lt (f(tv. 5/191'39) "An LqulClol 0f'f'lrHtlJ,.¡IY ",rHi Si1IIrvu::f" Provider A9C"I1CY·
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AWWA Fire Hydrants - American-Darling Valve
MARK,73 Ø'84,8 8,62,.
4,,' Main Valva Opening. Traffic 5'Á" Main Valve Opening. Traffic Model. 5'10' Main Valve Opsning. Traffic MOdI/I.
Model Two Hooe Nozzles with One 1Wo Hose Nozzles with One Pumper Two Hose Nozzles INith One PUOlper
Pumper Nozzle. Bronze To Bronze Nozzle_ Broru:e To Bronze Seating. Nozzle. Bronze To Bronze Seating.
Seating. 6" MJ Base with Ace;. 6" MJ Base with Acc. 6" MJ Bage with k.c.
DEPTH OF TRENCH UST PRICE DEPTH OF TRI!NCH UST PRICE DEPTH OF TRENCH UST Pille"
_..~-,._.- -- ~_.._---_._..
3'0" & I.ess ..... $1097 3'0" & Less ........ $1137 3'0" & less ""', ..,.. $113r
3'6" .... 1119 3'S" ..... ........... 1164 3·6·' · . . . . . . . . . . . . . . . . . 1164
4'0" . . . . . . . . . . . . 1141 4'0' 1191 4'0" · . . . . . . . . . . . . . . . . . 1191
4'6" ,.,...,..."...... 1163 4'6" ................ 1216 4'6" · . . . . . . . . --,. .. 1218
5'0" ........... 1185 5'0" ..............., 1245 5'0" .................. 1245
S'S" 1207 5'6" .................. 1272 5'6" .......,.-........ 1272
6'0" ............... 1229 6'0" .................. 1299 6'0" .................. 1299
6'6" .....,.... 1251 6'6" . . . . . . . . . . . . . . . . . . 1326 6'6" .................. 1326
TO" · . . . . . . . . . . . . . . . 1273 7'0- .................. 1353 TO" .................. 1353
7'6" .........--..-.... 1295 7'6" . ................ 1380 7'6" .................. 1380
8'0" .".,.., . . . . . . . . . 1317 S'O" . . . . . . . . . . . . . . . . . . 1407 8'0" ...... ......- .. . 1407
0'6" · . . . , . - . . . . . . . . . . . 1338 8'6" .................. 1434 0'6" -............-. .. 1434
g'O" · . . . . . . . . . . . . . . . . . 1361 9'{)" ......-........... 1481 g'O" · . . . . . . . . . . . . . . . . . 1481
916" ........ - - . . . . 1383 9'6" .................. 1488 916" .......... . . . . . . 1460
10'0" .................. 1405 10'0" ...- .......... 1515 10'0- · . . . . . . . . . . . . . . . . . 1515
---.- ---_._.- ------
Add lor each additional Add for each additional Add for each additional
6" in trench ............. 22 6" in tronch . . . . . . . . . . . . . 27 6' In trench ............. 27
-..- --"--'~"- --- ---- ---..-----..---
_~ u __.__..._.__ LIST DEDUÇTS LIST DEDUCTS ..~ LIST DEDUCTS
~-------.
Two Way {No Pumper) """ $", Two Wey (No Pumper) ...... $111 Base: 6' Fig. 4' & 6' MJ
Base: 4" & 6" Fig, 6" Tyton, or Base: 4' & 6' Fig, 6" Tyton, or less Ace.. or 6" Tyton . . . . . . $22
4" & 6" MJ less k.c. ....... 22 4" & S" MJ Less Acc. ..... 22 .-
One Pumper !-1ST ADDERS
----- ---------~--~---- -
(No Hosø Nozzles) 100 UST ADDERS Double Pumper
----~..----_..-.----_.- - -_..~._-
B" MJ Base less Ace $111 (No HO&9 Nome) . .... S 14
8" MJ Base with Ace 135 20" GroundJlne to Pumper
-.-.--.-----.. --..... (2 Hose NozzlSs . 1 Pumper) 27
20" Groundline to Pumper
(Double Pumper with
One Hose NozzI9J ......" 111
8' Fig Of MJ Base less k.c. III
8" MJ Base with Ace. .,..... 135
-.... --."--'--
----.-- UST ADDERS !'OR AU. HYDRAf0'8
Epoxy Coatecj ease ..................,............ ........... .................................. ....$ 30
Epoxy Coated Valve Top & Bottom ................................................."......... 12
304 3.3. Base Bolls .............................. ......... ..... .. ..... _____un -on_ 19
3165.5. Base Bolts ...........·.T.......··......................................................".......... 30
OP Nut Weather cap __ ..._............................................. ......__..___..__ 15
Tamporproof Cover ................._.._. _______.__._n_..._._._........ ........................................ 30
--_.. ~--------_.__..._.__..._--_.~
PRICE SCHEDULE 9 EFFECTIve FËB~UAHV 2G. 2=1
J HI'I- ,)10- ¿VJ\:::J4 L)·") ( 1-I::.KuU~lJN WH II::.KWUKK::J 1 ¿'".:> ':1'".:>4 ':1blð 1ð1ð'J'".:> 1).1ð4/11~
AM E F{LCA)N . .. ... . ..' ì· ···:@'til,~,,-,~,c':m~>'1:l.. .
F LOW,,' ...,.....". .,' '. '",'~;:'" ... '''" '.'.'
,.,'.".';'., .... ". l' . ·,oo···· .... -. ,oo.·' > ...~ "'C"" ,'. "'.' "',-;,,:,,:~'.-¡c; -'" . ., ..': .' .'. >,;:::':" < ;; ,:¡;.,,::.:::. "'-_I·<:·:_~'OO'_'.~::":;:-_";:'I~,;i>..,:;:,~:_,w.:,::,J."¡,<,'.,, "
Hydrant Extension Kits
AMERICAN"DARLING VALVE
GROUNDUNt' aTENSION KITS 8" 12" 1H" 24" 30" 3G"
"- -
4Vz" Mark-73 . . . . . . . . . . . . . . . . ...."""" $212 $247 $282 $318 $360 $400
514' 8-84-B ............... .......... .,... 212 247 282 318 360 400
6" 8-64-6 .......... .,.. ...............-. 236 282 3.28 377 412 447
5'1." 8-62-8 .. ,....... ...-. ...... 236 282 328 377 412 447
614" 6-62-B .......... ... ...........- 308 373 436 486 526 568
4" & 4W B·5(}·B -......-. .. . ...-.... 236 282 3.28 377 412 447
S" 8-50-B " " " " " " " " " " .. " " . " " 308 373 436 486 526 568
6" 6-50-6 .. .-.. ........... .......-..... 356 427 S06 569 613 663
~IK-RX GROUM,DUNE EXTENSION ( ,'!S --.---.--------. ---.&-..-
5v." 6-62-6 ......... - . . . . . . . . . . . . . . ... $271 $326 $368 $433 $454 $488
614' 6-62-6 .".,......'...'...",. .... 327 405 465 518 625 873
4" & 4'h" 8-50-B ........-.... . . . . . . . . . . 271 326 368 433 454 488
5" B-50-6 ................ . . . . . . . . 327 405 465 518 625 673
-. -....- ..... - .--------- .-.,,'
Add $24.00 lor each additional 6'
aASE EXTt'NBIDN KITS ..... .. ..-----._,,-
----"------ ---------
5W' B..ß2-B ....... ...... ..... ..... $194 $236 $260 $315 $340 $365
6W' B-62-6 ..... . ...........-. 252 304 361 403 436 472
4" & 4'12" 8-50-8 ... ....- ............ t94 238 260 315 340 365
5" 8-50-B ...................... _ . . . . . . . . . 252 304 361 403 436 472
6" 8-50-8 .... ..,. .............. 275 337 410 484 499 554
. ..-.--
'---.'.--. -- -.-..oo-------.
Exten6ion Rod lor Extension K~ ...- --...- $25 $31 $38 $45 $51 $58
-....-.----....". .. ____A·_·,_··, - --- -- - ---- -.------
WATEROUS
- .-' .~ ~~
GROUNDUNE EXTENSION KJTS &" 12" I." 24" 30" 3G" 42" 48"
____ _ _ ___n_.__._n_~ __U"_ "._._ _,___..
43/, Trend - K479 . _ . . . . . . . . . .........,.. .$234 $262 $291 $319 $371 $399 $433 $467
5V." Pacer: Non Traffic - 1<563* . .....-..... 292 326 360 394 427 461 495
Traffic - K562 """..."."...".. 258 304 353 399 435 469 503 538
Memphis Type-K456/K434 or K~:..~: :... 344.__.. 3~.:J. 439 485 520 556 589 623
--
·Speedy ditoction of opening
TRAVERSE CITY HYDRANT KITS - (TraffIc and Non-Trafftc Hydrants)
m1.:::~ ~=~~ t~=~~~ ü~~ = ;r:."@~l~~~.nA_____ _____n______.___._____ ___ ___ __~._______1~~. _.___._t$" __~.~__
Old Style Barrel & Rod Ex! - 5" va - ........................ .......... $582 $626 $671 $802
Old styte barrel, now Gtyle barrel, flanges, snap rings. ga~kats, cap screws, nut::!. stem. coupling.
Add for Each Additional 6" - $42
New Style Barrel & Rod EX! - - . . . . . - . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 450 494 538
Now stylo barrol. fIar1g9&. $r'Ktp ring&. ga6keta, cop ~rews. nuts. stem, coupling.
Add for Each Additional 6" - $42
__.._.... ..._u '" ,..--.
."RICE SCHEDULE 11 EFFECTIVe FEBRUARy :?F:i. ?nn1
.,nl'1 ...n:..! ,:-':I::.JI::J'-i 1._)·JO r' L.r<UU:::JUI'i WH I t:.KWUKt\:;:. .1 ¿"J 'j:J4 'jblj 1j1j'j:J r'.Ij::>/I1':)
A·~"gR'IŒ J>......~ Fi LL ofjIJi¡·,!,€'(j'1~r:¡ji;I:':ti~1~;:l
," ".." ,. .""'.'. "'." . '-.,'.'" . r...... "', ,., . .' ,. ,. ".1: ,'. ,., :,.' __c' . .::,' r,·' ".'.,,'. <h·c··.., .,' ".. '.: .""".., -:. '1 .jr~i.·. "J:;~,:,. .' ~ ,~'J,-- ":', ~..
.." .' . J ,.. ;,·:..:",~~;..,.i:" :\ '.:.. . . '. ',,'N ',...; ~, ,;'; -: ,.:: ','. ,.-'_. -' : ,. ::,::;. ~,c'.' ,:~..:;:', . -;" . ,,' .':. " '.:/:< ;::'I:."è,:):~.l:':-'¡,.".:;;<.,::j;l:,Y¡';';'f,~:J'G~~:..~;;~~.J¡ "~::,,.:,¡;~.. .',' '
Hydrant Traffic Repair Kits
TRAFFIC MODA
AMIRIÇAN·IWIUNGI VALVE -- U8T PRICE
417" Mark-73 Hydrant ........... .... ........-..,.. $123
5'14· 8-84-8 Hydrant .......... .................... 123
6" B-64-8 Hydrant ................................ 136
SV." 6-62-B Hydrant (1986 & Newer Cast Date) .....,... 138
514" 8-62-8 Hydrant (1985 & Older CastDate) .......... 136
6Y." 8-62-8 Hydrant ..... .... ............ ......... 137
4" & 417" 8-50-8 Hydrant ....-... . . . . . . . . . . . . . . . . . 113
5" 8-50-8 Hydrant (1996 & Newer Cast Date) ........... 136
S" 8-S0-8 Hydrant (1995 & Older Cast Date) ............ 137
6" 8-S0-8 Hydrant ....".."."..."."..."...... 185
WATEROU6 LIST PRICE
-.... ._~.-....-
4'1'" WT-77D Trend Hydrant (K476) ... ....,......... $119
40/." W8-77 Trend Hydrant (K618) .................... 69
S'I4" WB-67 Pacer Hydrant (K52S) (Prior to June 1980)' ... 146
Add For Each 6" Over 10" ........................ 46
S'!." WB-ó7 Pacer Hydrant (K528) (After June 1980) ...... 119
Add For BZ Coupling Sleeve '.. . .. ............. 48
----- ..-..-..- -. .. -'-'. . , ...... ........--.--.----..-.---... --_._~
Need color on all WabM'"OIJ3 røpair kits.
"Specify langth of traffic søotJon.
QUICK-FIX MODIEL
_I'RIÇAN-DARUNG V:ALVE ..----- LI&T PRICE
-~
5V." 8·62·8 Hydrant ................... . _ . . . . . . . . $136
6W' 6-62-6 Hydrant ............................. 146
4" & 417" B-5D-B Hydrant ...-.... ........... 136
5" B-50-8 Hydrant ........................... ..... 146
.. ._~---_._..__._-_....._----_._.__.
PRICE 6CHEnl. II F= ..- [:;:ee..".~....... or'" r-.--r-o..-,.. 'A....~ ~ __ ..._~.
mmL P.f ~,
AGENDA ITEM NUMBER: 3~d-
AGENDA REQUEST
Request to be placed on: June 8, 2004
Date: June 3, 2004
~ Consent Agenda _ Special Agenda _ Workshop Agenda
DescrlDtlon of aaenda item:
Approve purchase award to Ferguson Waterworks for the purchase of fire hydrants for the Water
Sewer Division via the City of Hollywood Bid #F-3765-02-WG for an estimated annual cost of
$17.894.22.
ORDINANCE/RESOLUTION REQUIRED: YES NO _X_
Draft Attached: YES NO
Recommendation:
Purchase of fire hydrants from Ferguson Waterworks via the City of Hollywood Bid
#F-3765-WG at an estimated annual cost of $17,894.22, with $5,964.74 budgeted for
fiscal year 2004 and the balance to be considered for fiscal year 2005 budget.
Funding from account code 442-5178-536-61.77
Department Head Signature: ~\. ;S;~
- "-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all Items Involving expenditure of funds):
Funding available: Yes u:;t No
Funding alternatives: (if applicable)
Account Number:
Account Description: .~ (~~ \à.~~l(Y~K. ~\N...~.
Account Balance:
City Manager Review:
Approved for agenda:8-4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
- - --.---.-
;q
. ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: fU\fobert A. Barcinski, Assistant City Manager
DATE: June 4, 2004
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 2004
PROPOSED GOLF AND TENNIS FACILITIES MANAGEMENT
AGREEMENTS
ACTION:
City Commission is requesled to consider approval of a five (5) year managemenl agreement
with Dubin and Associates, Inc. for the Municipal and Lakeview Golf Courses and a five (5)
year agreement for the Tennis Facilities beginning October 2004.
BACKGROUND:
The existing managemenl agreements for the golf courses and tennis facilities with Dubin and
Associates, Inc. expire September 30, 2004. The management agreement for the sladium expires
November 30, 2004.
Attached are proposed five (5) year agreements submitted by Mr. Dubin for the golf courses and
the tennis facililies. They have been reviewed by the City Attorney's office for legal sufficiency.
Highlights of changes to the existing agreements are as follows:
Golf Courses
1. Initial year monthly payment is proposed to be $12,000 with an approximate 2% increase
per year. The current monthly fee is $12,350.
2. Proposed performance measures are due to be presented 10 the City Manager by August
31 st versus October I st.
3. Information required in monthly reports has been expanded (Exhibit A).
4. Marketing Plan and promotional programs proposed for the next fiscal year are required
to be submitted for review by August 31 st (Exhibit A- new item).
~f\
Page: #2
Date: June 4, 2004
Agenda Item City Commission Meeting June 8' 2004
Proposed Golf and Tennis Facilities Management Agreements
Tennis Center
1. Initial year monlhly payment is proposed to be $3,666.66 per month with an approximate
2% increase per year. The current monthly fee is $2,500.
2. Other major changes are the same as 2,3 and 4 above.
RECOMMENDATIONS:
Staff recommends approval of the proposed management agreements for the golf courses and
tennis facilities with Dubin and Associates, Inc. for five (5) years.
RAB/tas
File: U :sweeney ¡agenda
Doc:Agenda Request Golf and Tennis Facilities Management Agreements
U:sweeney/events
Doc: Agenda Request Summer Nights 2004
REVISED MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
THIS AGREEMENT ("The Agreement") is made Ihis day of , 2004 by
and between the CITY OF DELRA Y BEACH, a Florida Municipal Corporalion (the "City"),
and BJCE, INC., a Florida corporation, (hereinafter called "Dubin").
WITNESSETH:
WHEREAS, Ihe parties entered into a managemenl agreement dated November I, 1994
to provide for management services at Ihe Delray Beach Municipal Golf Course and have
amended that agreement 10 also provide for management services 10 Ihe Lakeview Golf Course;
and
WHEREAS, the management agreement and ils amendments thereto are scheduled to
expire on September 30, 2004; and
WHEREAS, the City has detennined it is in the public interest to renew the management
agreemenl and that all prior management agreements, regarding the golf courses, shall no longer
be effective.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Incoruoration of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth
in this Agreement.
2. Al!reement to Perform Services. City agrees 10 retain Dubin to render certain
professional services (hereinafter the "Services") and to pay for the perfonnance of such
Services on and under the conditions which are set forth in this Agreement, and Dubin agrees to
perfonn such Services to the reasonable satisfaction of the City and to accept full payment as is
set forth in this Agreement.
3. Services. The services shall generally consist of those services more particularly
set forth in exhibit "A" which is attached hereto and incorporated as if fully set forth herein.
4. Term of Al!reement. This agreement will commence on October I, 2004 and
tenninate on Seplember 30, 2009.
5. Termination. This agreement may be tenninated by Dubin with or without cause
by giving the City ninety (90) days written notice in advance of the date oftennination. Upon
tennination of this Agreement, the City shall remit, after review and approval of all receipts and
itemizations, any outstanding reimburseables incurred by Dubin prior to termination ofthe
agreement. This Agreement may be terminated by the City with or without cause.
(a) For cause. If cause exists to terminate the agreement, the City shall send
written notice to Dubin that such cause exists. The City's written notice shall clearly
identify the condilion that requires correction, and shall provide Dubin with a reasonably
sufficient amount of time, taking into account the particular corrective action required,
for initiation and completion of the corrective action. If such condition is corrected
wilhin the amount of time provided in the City's notice, then this agreement shall remain
in effect. If such condition is not corrected within the time provided in the notice, then
this agreement may be terminated by the City in ils sole discretion. Upon lermination of
this agreement, Dubin shall remit to the City a pro-rata share of the payment received for
services based on the number of days prior to the beginning of the month that the
agreement is terminated. The City shall remit, after review and approval of all receipls
and itemizations, any outstanding reimburseables incurred by Dubin prior to termination
of the agreement.
(b) Without cause. The City may terminate this agreement wilhoul cause
after giving Dubin thirty (30) days written notice. Upon termination of this agreement,
Dubin shall be paid the per month base payment amount, appropriate for the year in
which the notice was given, for six (6) months subsequent to the termination of Ihis
agreement, as compensalion for severance. The City shall make the severance payments
to Dubin on the first of each month, beginning with the month immediately following the
date of termination of this agreement, regardless of the date upon which this agreement
was terminaled. The City shall remil, after review and approval of all receipts and
ilemizations, any outstanding reimbursables incurred by Dubin prior 10 termination of the
agreement.
6. Base Payment. The City shall pay Dubin for the performance of Services at a
base monthly rate payable at the first of the month as follows:
October 2005 through September 2006: $12,000 per month
October 2006 through September 2007: $12,250 per month
Oclober 2007 through September 2008: $12,500 per month
October 2008 through September 2009: $12,750 per month
2
---..-.-.
7. Reimburseables. The City shall accept and pay the actual cost of reimburse abIes
as follows:
(a) Payroll costs for Dubin's employees who are working full-time or part-time al
the Delray Beach Golf Club and Lakeview Golf Club. The paymenl of such
payroll costs is subject to the City Manager's, or his designee's prior approval,
and only such approved costs shall be paid;
(b) All insurance premiums as required under paragraph 14 of this agreement;
(c) Pre-approved travel expenses;
(d) Mileage at the current City rate per mile;
(e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket
expenses.
Dubin shall itemize all expenses and submit receipls to show proof thereof. Such
expenses shall be billed by Dubin at cost on a monthly basis.
8. Availabilitv of Consultant. During the tenn of this Agreement, Dubin shall
make himself available to perfonn the Services as may be required to accomplish the Services in
the manner required by this Agreement. Dubin shall be available for consultation during the
hours nonnally worked by City's employees unless otherwise agreed between City and Dubin,
and in special circumstances. Dubin shall also be available to City during evening meeling
hours and other reasonable times when required by City.
9. Performance Bonus. In addition to the base payment, Dubin shall be eligible to
receive a yearly fixed bonus payment on or before December 1st of each year. The perfonnance
bonus shall be contingent upon accomplishing specific yearly goals and objectives as agreed to
by Dubin and the City Manager in writing and approved by Ihe City Commission. The goals and
objectives shall be established on a yearly basis by August 31 of the year preceding the year in
which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any
one year shall not exceed 15% of the base fee. In no event will the yearly fixed bonus be based
on net profits or a combination of gross revenue and expense targets.
10. Licensed or Rel!istered Personnel. All services to be rendered by Dubin under
this Agreement, which are required by law to be perfonned by or under Ihe direction of a duly
licensed or registered professional, shall be rendered in compliance with such requirements.
3
II. Desienated Representative. All of Dubin's recommendations, reports and
certifications are to be routed through the City Manager or his designee.
12. Performance. During the term of this Agreement, Dubin shall, to the best of his
ability, design, inform, suggest, advise and render all services Ihat might be requesled by City or
which may be appropriate in respect 10 the Services on a timely basis, as required by City to
meet project timetable needs. City shall have the right to make use of same in its business at any
time as it may desire without further payment to Dubin, other than thaI specifically stated herein.
All reports and olher documenls furnished by Dubin in the course of or as a result of performing
the Services shall be the property of City and may be used by City for any purpose whatsoever.
13. Confidentiality. In the performance of the Services, Dubin may be exposed to
the confidential information of City and olhers. Dubin shall not disclose 10 anyone not
employed by City nor use, except on behalf of City, any such confidential information acquired
by him the performance of the Services except as authorized by City in writing. Regardless of
the term of this Agreement, Dubin shall be bound by this obligation until such time as said
confidential information shall become part of the public domain. Information regarding all
aspects of City's business and information concerning the Services (either directly or indirectly
disclosed to him or developed by him in the performance of the Services) shall be presumed to
be confidential except to the extent thaI same shall have been published or otherwise made freely
available to the general public without restriction. Dubin also agrees thaI he will not disclose to
City any information he holds subject to any obligation of confidence to any third parties.
14. Insurance. Dubin shall provide the City with insurance certificates showing the
following minimum insurance coverages, which coverage shall be maintained throughout the
term of this Agreement.
A. Worker's Compensation. Coverage to apply for all employees for
Statutory Limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
1. Employers' Liability with a limit of $500,000 each accident.
2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
reslriction.
4
_.---
B. Comprehensive General Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General Liability
Policy filed by the Insurance Service Office and must include:
1. Minimum Limits of total coverage shall be $5,000,000 per occurrence
combined single limit for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with any excess coverage (and the
carrier) to meet the $5,000,000 minimum to be acceptable 10 the City.
2. Premises and/or Operations, including restaurant liabilily and liquor liability.
3. Independent Contractors.
4. Products and/or Completed Operations. Dubin shall maintain in force until at
least three (3) years after completion of all services required under the
License, coverage for products and completed operations, including Broad
Form Property Damage.
5. XCU Coverages.
6. Broad Form Property Damage including Completed Operations.
7. Broad Form Contraclual Coverage applicable to this specific contract,
including any hold harmless and/or indemnificalion agreement.
8. Personal injury coverage wilh employee and contraclual exclusions removed.
9. The City is to be specifically included as an additional insured (including
products).
10. Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
11. A Best Rating of no less than B+ 12 is required for any carriers providing
coverage required under the terms of this License Agreement.
15. Limited Waiver of Subro2ation Ri2hts. The City hereby waives any and all
right to assert a claim or cause of action againsl Dubin for any damage to the City's real or
personal property, or both, that occurs al either Lakeview Golf Course or Delray Beach
Municipal Golf Course that occurs as a result of the acts or omissions of Dubin, his agents,
assigns, contractors, subcontractors or employees or by any other reason whatsoever.
16. Purchase. All purchases of equipment or supplies for the operation of the golf
course shall be made by the City's Purchasing Department.
17. Use of the Golf Course. Employees of Dubin may enjoy the use of the golf
course at no cost, so long as il is in accordance with policies to be approved by the City
Manager. In addition, al their discretion, Dubin may allow up to 50 complimentary rounds of
5
golf, including cart charges per calendar month; however, in no event may such complimentary
round, or cart charges be made available to City employees or officials.
18. Alcoholic Beveral!e License. The parties agree that City will pay all costs, fees
and expenses associated with maintaining the alcoholic beverage licenses. At the time of the
termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license
to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by City.
City will be responsible for the remittance of sales taxes on a monthly basis to the State
of Florida, including all late fees and penal1ies, which the State of Florida may assess with
respect to the alcoholic beverage license.
Dubin shall ensure that all federal, state and local laws relating to the use of the alcoholic
beverage license are complied with.
19. Successors and Assil!ns. Dubin shall not assign or transfer its interest in this
Agreement without the prior written consent of City. The foregoing notwithstanding, this
Agreemenl shall be binding upon and inure 10 the benefit of each party's successors and assigns.
20. Notices. All notices required or desired to be given under this Agreement shall be
in writing and delivered in person or transmitted certified mail, return receipt requested, postage
prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3)
days after deposit in a post office or letter box in the above manner.
NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
BJCE, Inc.
1300 Park of Commerce, Suite 272
Delray Beach, Florida 33445
21. Independent contractor. Dubin and his employees, volunteers and agents shall
be and remain independent contractors and not agents or employees of the City with respect to
all of the acts and services performed by and under the terms of the Agreement. This Agreement
6
shall in no way be construed as creating a partnership, association or any other kind of joint
venture or undertaking between the parties hereto.
22. Indemnification. Dubin agrees to indemnify, defend and hold the City, its
officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence,
cause of action, or claim, excluding any damage occurring to the City's real or personal
property, arising from the negligent, reckless, intentional or malicious acts or omissions of his
employees, agents, volunteers and assigns and from the operations of the Delray Beach Golf
Club and Lakeview Golf Club.
23. Bindinl! Effect. All of the terms and provisions of this Agreemenl shall be
binding upon, inure to Ihe benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
24. Entire Al!reement. This Agreement shall constilute the entire agreement of Ihe
parties with respect to the subject matter of it. All prior understandings and agreements belween
the parties wilh respect 10 such matters are merged into this Agreement, which alone fully and
completely expresses Iheir understanding.
25. Amendments. This Agreement may nol be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
26. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than Ihe parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in Ihis Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
27. Venue. Any action brought to enforce the provisions of this Agreement shall be
brought in a court of competent jurisdiction in Palm Beach County, Florida.
7
IN WITNESS WHEREOF,lhe parties hereto have caused this Agreement to be duly
executed on lheir behalf this _ day of ,2004.
THE CITY OF DELRA Y BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Jeff Periman, Mayor
Approved as to form:
City Attorney
BJCE, INC., d/b/a Dubin & Associates,
a Florida Corporation
By:
Name Printed:
Title:
(SEAL)
STATE OF FLORIDA )
) ss:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this - day of
, 2004 by (name of officer or agent, title of
officer or agent) of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (type of
identification) as identification and did (did not) take an oalh.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
8
EXHIBIT "A"
The scope of the Services will include but will not be limited to the following:
1. Supervise and direcl the general operations of golf courses owned by the City.
2. Oversee all administration of all golf course operations, assuring that proper accounting
systems are in place.
3. Perform an on-going review oftotal operational costs by department.
4. Insure that adequate Internal Control systems are in place in all areas of the operations.
5. Perform monlhly operational reviews and provide monlhly reports to include, but not limiled
to, financial statements, utilization data, maintenance highlights, program data and
markeling/promotional initiatives in the format prescribed by the City.
6. Prepare operational and capital budgets for review and approval by the Cily Manager.
7. Review and assist in the planning of all marketing and promotional programs. Submil an
annual markeling plan no later than August 31st of the prior year.
8. Approve all expenditures before they are submitted for payment to the City and insure
expenditures are made in compliance with the City purchasing policies.
9. Assure that the highest standards of general maintenance are maintained, subject to the
annual budget allocated to Golf Course maintenance.
10. Prepare a quarterly newsletter.
II. Dubin shall hire and employ all personnel necessary to maintain and operale the golf course
and restaurant. Dubin will have full authority over the hiring and firing of all personnel.
12. Dubin shall operale and maintain the restaurant operation in accordance wilh all federal,
state and local governmenllaws and regulalions, including health department regulations and
state liquor board regulations.
13. Dubin shall operate a full service restaurant in accordance with the terms and condilions of
the alcohol beverage license.
14. Dubin shall make recommendations and assist the City in planning and implementing capital
improvements for the Golf Courses.
15. Dubin shall ensure that all buildings, other structures, equipment and irrigation systems
related to the Golf Courses are maintained and repaired to City standards.
;q
e ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: fl"fobert A. Barcinski, Assistant City Manager
DATE: June 4, 2004
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 2004
PROPOSED GOLF AND TENNIS FACILITIES MANAGEMENT
AGREEMENTS
ACTION:
City Commission is requested to consider approval of a five (5) year management agreement
with Dubin and Associates, Inc. for the Municipal and Lakeview Golf Courses and a five (5)
year agreement for the Tennis Facilities beginning October 2004.
BACKGROUND:
The existing management agreements for the golf courses and tennis facilities with Dubin and
Associates, Inc. expire September 30, 2004. The management agreement for the stadium expires
November 30, 2004.
Attached are proposed five (5) year agreements submitted by Mr. Dubin for the golf courses and
the tennis facililies. They have been reviewed by the City Attorney's office for legal sufficiency.
Highlights of changes to the existing agreements are as follows:
Golf Courses
1. Initial year monthly payment is proposed to be $12,000 with an approximate 2% increase
per year. The current monthly fee is $12,350.
2. Proposed perfonnance measures are due to be presented to the City Manager by August
31st versus October 1 st.
3. Infonnation required in monthly reports has been expanded (Exhibit A).
4. Marketing Plan and promotional programs proposed for the next fiscal year are required
to be submitted for review by August 31st (Exhibit A- new item).
C\ß
Page: #2
Date: June 4, 2004
Agenda Item City Commission Meeting June 8' 2004
Proposed Golf and Tennis Facilities Management Agreements
Tennis Center
1. Initial year monthly payment is proposed to be $3,666.66 per month with an approximate
2% increase per year. The current monthly fee is $2,500.
2. Other major changes are the same as 2,3 and 4 above.
RECOMMENDATIONS:
Staff recommends approval of the proposed management agreements for the golf courses and
tennis facilities with Dubin and Associates, Inc. for five (5) years.
RAB/tas
File:u:sweeney/agenda
Doc:Agenda Request Golf and Tennis Facilities Management Agreements
U:sweeney/events
Doc: Agenda Request Summer Nights 2004
---.--_.----
REVISED TENNIS CENTER MANAGEMENT AGREEMENT
THIS AGREEMENT ("The Agreement") is made this _ day of , 2004 by
and between the CITY OF DELRA Y BEACH, a Florida Municipal Corporation (the "City"),
DUBIN & ASSOCIATES, INC. (hereinafter called "Dubin").
WITNESSETH:
WHEREAS, the parties entered into a management agreement dated September 29,1999,
to provide for management services at the Delray Beach Municipal Tennis Center ("Original
She") and the Delray Swim and Tennis Club ("Additional Site"); and
WHEREAS, the management agreement and its amendments thereto are scheduled to
expire on September 30, 2004; and
WHEREAS, the City has determined il is in the public interest to renew the management
agreement and that all prior management agreements shall no longer be effective.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant thaI the
above recitals are accurate and correct and the recitals are hereby incorporaled as if fully set forth
in this Agreement.
2. Al!reement to perform work. City agrees to retain Dubin to render certain
professional services (hereinafter the "Services") and to pay for the performance of such work on
and under the conditions which are set forth in this Agreement, and Dubin agrees to perform
such Services to the reasonable satisfaction of the City and to accept full payment as is set forth
in this Agreement.
3. Services. The services shall generally consist of those services more particularly
set forth in exhibil "A" which is attached hereto and incorporated as if fully set forth herein.
4. Term of Al!reement. This agreement will commence on October 1, 2004 and
terminate on September 30, 2009.
5. Termination. This agreement may be terminated by Dubin with or wilhout cause
by giving the City ninety (90) days written notice in advance of the date of termination. Upon
termination of Ihis Agreement, the City shall remh, after review and approval of all receipts and
- ----------...------- ---..------
itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the
agreement. This Agreement may be terminated by the City with or without cause.
(a) For cause. If cause exists to terminate the agreement, the City shall send
written nolice to Dubin that such cause exists. The City's written notice shall clearly
identify Ihe condition that requires correction, and shall provide Dubin with a reasonably
sufficient amount of time, taking into account the particular corrective action required,
for initiation and completion of the corrective action. If such condition is corrected
within the amount of time provided in the City's notice, then this agreement shall remain
in effect. If such condition is not corrected within the time provided in Ihe notice, then
this agreement may be terminated by the City in its sole discretion. Upon termination of
this agreement, Dubin shall remit to the City a pro-rata share of the payment received for
services based on the number of days prior to the beginning of the month that the
agreement is terminated. The City shall remit, after review and approval of all receipts
and itemizalions, any outstanding reimburseables incurred by Dubin prior to lermination
of the agreement.
(b) Without cause. The City may terminate this agreement without cause
after giving Dubin thirty (30) days written notice. Upon lermination of this agreement,
Dubin shall be paid the per month base payment amount, appropriate for the year in
which the notice was given, for six (6) monlhs subsequent to the termination of this
agreement, as compensation for severance. The City shall make the severance payments
to Dubin on the first of each month, beginning wilh the month immedialely following the
dale of termination of this agreement, regardless of the date upon which this agreement
was terminated. The City shall remit, after review and approval of all receipts and
itemizations, any outstanding reimbursables incurred by Dubin prior to termination of the
agreement.
6. Base Payment. The City shall pay Dubin for the performance of work at a base
monthly rate payable at the first of the month as follows:
October 2005 through September 2006: $3,666.66 per month
October 2006 through September 2007: $3,750.00 per month
October 2007 through September 2008: $3,833.33 per month
October 2008 through September 2009: $3,916.67 per month
2
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7. Reimburseables. The City shall accept and pay the actual cost of reimburse abies
as follows:
(a) Payroll costs for Dubin's employees who are working full-time or part-time at
the Original and Additional Sites. The payment of such payroll costs is subject to
the City Manager's, or his designee's prior approval, and only such approved
costs shall be paid;
(b) All insurance premiums as required under paragraph 14 of this agreement;
(c) Pre-approved travel expenses;
(d) Mileage at the current City rate per mile;
(e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket
expenses.
Dubin shall itemize all expenses and submit receipts to show proof thereof. Such
expenses shall be billed by Dubin at cost on a monthly basis.
8. Availabilitv of Consultant. During the term of this Agreement, Dubin shall
make himself available to perform the Services as may be required to accomplish the Services in
Ihe manner required by lhis Agreement. Dubin shall be available for consultation during the
hours normally worked by City's employees unless otherwise agreed between City and Dubin,
and in special circumstances. Dubin shall also be available to City during evening meeting
hours and other reasonable times when required by City.
9. Performance Bonus. In addition to the base payment provided for in the
Original Agreement and this Amendmenl No. I, Dubin shall be eligible to receive a yearly fixed
bonus payment on or before December 1st of each year. The performance bonus payment shall
be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and
the City Manager in writing and approved by the City Commission. The goals and objectives
shall be established on a yearly basis by August 31 st of the year preceding the year in which the
bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in anyone year
shall not exceed 15% of the base fee provided for managing the Original Site and Additional
Sile. In no event will the yearly fixed bonus be based on net profits or a combination of gross
revenue and expense targets.
3
10. Licensed or Reeistered Personnel. All services to be rendered by Dubin under
this Agreement, which are required by law to be performed by or under the direction of a duly
licensed or registered professional, shall be rendered in compliance wilh such requiremenls.
11. Desienated Representative. All of Dubin's recommendations, reports and
certifications are to be routed through the City Manager or his designee.
12. Performance. During the term of this Agreement, Dubin shall, to the best of his
ability, design, inform, suggest, advise and render all services that might be requested by City or
which may be appropriate in respect to the Services on a timely basis, as required by City to
meet project timetable needs. City shall have the right to make use of same in its business at any
time as it may desire without further payment to Dubin, other than that specifically stated herein.
All reports and olher documents furnished by Dubin in the course of or as a result of performing
the Services shall be the property of City and may be used by City for any purpose whatsoever.
13. Confidentialitv. In the performance of the Services, Dubin may be exposed to
the confidential information of City and others. Dubin shall not disclose 10 anyone not
employed by City, nor use, except on behalf of City, any such confidential information acquired
by him the performance of the Services except as authorized by City in writing. Regardless of
the term of Ihis Agreement, Dubin shall be bound by this obligation until such time as said
confidential information shall become part of the public domain. Information regarding all
aspects of City's business and information concerning the Services (either directly or indirectly
disclosed to him or developed by him in the performance of the Services) shall be presumed to
be confidential except to the extent that same shall have been published or otherwise made fteely
available to the general public without restriction. Dubin also agrees that he will nol disclose to
City any information he holds subject to any obligation of confidence to any third parties.
14. Insurance. Dubin shall provide the City with insurance certificates showing the
following minimum insurance coverages, which coverage shall be maintained throughout the
term of this Agreement.
A. Worker's Compensation. Coverage to apply for all employees for
Statutory Limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
1. Employers' Liability with a limit of $500,000 each accident.
4
2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
B. Comprehensive General Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General Liability
Policy filed by the Insurance Service Office and must include:
1. Minimum Limits of total coverage shall be $5,000,000 per occurrence
combined single limit for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with any excess coverage (and the
carrier) to meet Ihe $5,000,000 minimum to be acceptable to the City.
2. Premises and/or Operations, including liquor liability.
3. Independent Contractors.
4. Products and/or Completed Operations. Dubin shall maintain in force until at
leasl three (3) years after completion of all services required under the
License, coverage for products and completed operations, including Broad
Form Property Damage.
5. XCD Coverages.
6. Broad Form Property Damage including Completed Operations.
7. Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
8. Personal injury coverage with employee and contractual exclusions removed.
9. The City is to be specifically included as an additional insured (including
products).
10. Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
11. A Best Rating of no less than B+ 12 is required for any carriers providing
coverage required under the terms of this License Agreement.
15. Limited Waiver of Subrol!ation Ril!hts. The City hereby waives any and all
right to assert a claim or cause of action against Dubin for any damage to the City's real or
personal property, or both, that occurs at the Original and Additional Sites that occur as a result
of the acts or omissions of Dubin, his agents, assigns, contractors, subcontractors or employees
or by any other reason whatsoever.
16. Purchase. All purchases of equipment or supplies for the operation of the
Original and Additional Sites shall be made by the City's Purchasing Department.
5
17. Alcoholic Beveral!:e License. The parties agree that City will pay all costs, fees
and expenses associated with maintaining the alcoholic beverage licenses. At the time of the
termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license
to the City. The cost for the lransfer of the alcoholic beverage license shall be paid for by City.
City will be responsible for the remittance of sales taxes on a monthly basis to the State
of Florida, including all late fees and penalties, which the State of Florida may assess wilh
respect to the alcoholic beverage license.
Dubin shall ensure that all federal, state and local laws relating to the use of the alcoholic
beverage license are complied with.
18. Successors and Assil!:ns. Dubin shall not assign or lransfer its interesl in this
Agreement without Ihe prior written consent of City. The foregoing notwithstanding, this
Agreement shall be binding upon and inure to the benefil of each party's successors and assigns.
19. Notices. All notices required or desired to be given under this Agreement shall be
in writing and delivered in person or lransmitted certified mail, return receipt requested, postage
prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3)
days after deposit in a post office or letter box in the above manner.
NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS:
City of Delray Beach
100N.W. 1st Avenue
Delray Beach, FL 33444
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
Dubin & Associates, Inc.
1300 Park of Commerce, Suite 272
Delray Beach, Florida 33445
20. Independent contractor. Dubin and his employees, volunteers and agents shall
be and remain independent conlractors and not agents or employees of the City with respect to
all of the acts and services performed by and under the terms of the Agreement. This Agreement
shall in no way be construed as creating a partnership, association or any other kind of joint
venture or undertaking between the parties hereto.
6
.------.--
21. Indemnification. Dubin agrees to indemnify, defend and hold the City, its
officers, agents, employees and assigns, hannless from any loss, damage, liability, negligence,
cause of action, or claim, excluding any damage occurring to the City's real or personal
property, arising from the negligent, reckless, intentional or malicious acts or omissions of his
employees, agents, volunteers and assigns and from the operations ofthe Original and Additional
Sites.
22. Bindinl!: Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
23. Entire Al!:reement. This Agreement shall constilule the entire agreemenl of Ihe
parties with respect to the subject matter of it. All prior understandings and agreements between
the parties with respect to such matters are merged into Ihis Agreement, which alone fully and
completely expresses their understanding.
24. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
25. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal represenlatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to Ihis
Agreement.
26. Venue. Any action brought to enforce the provisions of this Agreement shall be
brought in a court of competent jurisdiction in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this _ day of ,2004.
ATTEST: THE CITY OF DELRA Y BEACH,
By:
Cily Clerk Jeff Perlman, Mayor
7
Approved as to form:
City Attorney
Dubin & Associates, Inc.,
a Florida Corporation
By:
Name Printed:
Title:
(SEAL)
STATE OF FLORIDA )
) ss:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this - day of
, 2004 by (name of officer or agent, title of
officer or agenl) of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (lype of
identification) as identification and did (did not) take an oath.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
8
EXHIBIT "A"
The scope of the work will include but will not be limited to the following:
I. Supervise and direct the general operations of the Original Site and Additional Site owned by
the City.
2. Oversee all administration of all Original Site and Additional Site operations, assuring that
proper accounting systems are in place.
3. Perform an on-going review of tolal operational costs for the Original Site and Additional
Site.
4. Insure that adequate internal control systems are in place in all areas of the operation.
5. Perform monthly operational reviews and provide monthly reports to include, but not limited
to, financial statements, utilization data, maintenance highlights, program data and
marketing/promotional initiatives in the format prescribed by Ihe City.
6. Prepare operating and capital improvement budgets.
7. Prepare, plan and implement all marketing and promotional programs, subject to current
agreemenls between the City and third parties. Submit an annual marketing plan no taler
than August 31st of the prior year.
8. Approve all expenditures before they are submitted for payment to the City and ensure
expenditures are made in compliance with the City purchasing policies.
9. Assure that the highesl standards of general maintenance are maintained, except for the
landscape and landscape irrigation maintenance, subject to the annual budget allocated to
Original Site and Additional Site maintenance
10. Prepare a quarterly newsletter.
II. Coordinate concert, special events, tennis tournaments (professional and amateur) and all
other events wilh their promoters and special event coordinators and provide staff assistance
as needed.
12. Dubin shall hire and employ all personnel necessary to mainlain and operate the Original
Site and Additional Site. Dubin will have full authority over the hiring and firing of all
Dubin personnel.
13. Dubin shall operate and maintain the Original Site and Additional Site operation in
accordance with all federal, state and local government laws and regulations, including health
department regulations and state liquor board regulations.
14. Work closely with all civic groups, tennis patrons, summer youth programs and afterschool
programs.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1
SUBJECT: A E DA ITEM # - REG LAR MEETING OF
VILLAGE FOUNDATIO /INTEREST CHARGES
DATE: JUNE 4, 2004
This is before City Commission to approve a request from the Village Foundation to forgive interest
charges in the amount of $532.00 for the late payment of a loan.
The Village Foundation entered into an agreement with the City dated September 26, 2003 for the
purchase of a bus. The City loaned the Village Foundation $43,455.00 for the bus and was to be
repaid no later than five (5) days following their receipt of funds from the Children's Services Council
or sixty (60) days from the date of the agreement which was November 25, 2003. Payment was
received January 26, 2004 and an interest charge of $532.00 was added to the loan, billed at 8%,
according to the agreement.
Recommend approval of a request from the Village Foundation to forgive interest charges in the
amount of $532.00 for the late payment of a loan.
S:\City Clcrk\agcnda memos\ Village Foundation.Delinquent Fecs.06.08.04
--~
b/8~
MEMORANDUM t:t EC :: "'ED
. , 20~',
t'::¡T\' MANAGEF
To: David T. Harden, City Manager
From: Joseph M. Saffor~nance Director
Date: May 19, 2004
Subject: Village Foundation Delinquent Fees
Your office has requested that we draft a response to the correspondence from the Village
Foundation, dated May 10th, where they are seeking relief 0[$532.00 in interest charges.
The Village Foundation entered into an agreement with the City of DeJray Beach dated
September 26, 2003 for the purchase of a bus. The City of DeJray Beach loaned the
Village Foundation $43,455 for the bus and was to be repaid no later than 5 days
following their receipt of funds nom the Children's Services Councilor (at the latest) 60
days nom the date of the Agreement or November 25,2003. If payment was not made
by this date, an interest charge of 8% was to be charged. Payment was received January
26, 2004 and interest 0[$532.00 was billed according to the Agreement.
The Village Foundation is requesting the City of DeJray Beach to forgive this $532.00 in
interest charges. Your office would have to approve this request.
Cc: Barbara Turner, Accounting Assistant
Encl: Correspondence from Village Foundation dated May 10, 2004
JOE SAFFORD: fiEt"EIVEO
Please draft a response v
to this for Mr. Harden '~r 'r! 2004
signature. Tks, Gerri .'--- .-
5/13/04 cln MANAGEr!
UNDATION
BREAKING I H f. CYCLE Of POVERTY
EDUCATION COMMUNITY
.þ ~
<1 Ml"
May 10, 2004
City of Delray Beach
Attention: David Harden, City Manager
lOON.W. 1st Avenue
Delray Beach, FL 33444
Re: Customer No# 7780/7907
Dear Mr. Harden:
In light of our current cash position, I am sending this letter as a request to
have late charges eliminated for our current accOImt balance. Your
consideration in this matter would be greatly appreciated'.
Thanks in advance for your assistance in this matter.
Melba Joseph
Administrative Assistant
For: Cotilda Harvey, Executive Director
INVOICE
.
'JAN 2 3 2004 CITY OF DEL RAY BEACH FLORIDA
100 N. W. FIRST AVENUE
DELRAY BEACH, FL 33444
(561) 243-7000
TO: MAD DADS OF GREATER DELRAY BCH INVOICE NO: 25727
C/O MR. LEONARD MITCHELL DATE: 1/20/04
141 SW 12TH AVENUE
DELRAY BEACH, FL 33444
~CUSTOMER NO: 7780/7907 TYPE: MS - MISCELLANEOUS BILLINGS
.Ú
",--------------------------------------------------------------------------------
tUANT I TV DESCRIPTION UNIT PRICE EXTENDED PRICE
~,': ----------- ------------------------- -------------- -----------------
:"
1.00 MISCELLANEOUS BILLINGS 532.00 532.00
-k· MAD DADS D/B/A THE VILLAGE FOUNDATION AGREEMENT (BUS)
~
î;~ .
PER THE AGREEMENT DATED SEPTEMBER 26, 2003 THE
FOLLOWING APPLIES:
5. IF THE FOUNDATION FAILS TO PAY WITHIN THE PERIOD
PROVIDED, SIMPLE INTEREST WILL COMMENCE ON THE
DAY AFTER PAYMENT WAS DUE AT THE RATE OF 8~ PER
ANNUM, UNTIL PAYMENT IS RECEIVED BY THE CITY.
.
BILLING FOR PERIOD-NOVEMBER 26, 2003 - JANUARY 20, 2004
56 DAYS a $9.50 PER DAY = $ 532.00
};
-~,
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".:¡
01
u
;;:c~
-;;'
0.:
t~i\ TOTAL DUE: ·$n2.00
- "-'-'--.-~----
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 1/20/04 DUE DATE: 1 /20/04 NAME: MAD DADS OF GREATER DEL RAY BCH
CUSTOMER NO: 7780/7907 TYPE: MS - MISCELLANEOUS BILLINGS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF DEL RAY BEACH
ATTN: FINANCE DEPARTMENT
100 N.W. 1ST AVENUE
DEL RAY BEACH FL 33444 (561) 243-7115
INVOICE NO: 25727
TERMS: NET o DAYS AMOUNT: $532.00
. ...~-.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t?7J¡
SUBJECT: AGENDA ITEM # <=\D - REGULAR MEETING OF JUNE 8. 2004
FLORIDA TELEPORT /DEFERRAL OF LICENSE FEES
DATE: JUNE 4, 2004
This is before City Commission to consider a deferral of license fees from Florida Teleport until 2006
due to tide problems.
Florida Teleport has had tide problems related to the purchase of their teleport facility at 1100 S.W.
10" Street, which has forced them to reconsider the location of their teleport. They have invested
time, resources, and money during the last three years to complete their project and construct a
teleport within the City of Delray Beach. The deferral will help them minimize their operating costs
until they are able to provide active services to their customers.
Recommend approval of a request from Florida Teleport to defer their license fees until 2006.
S:\City Clerk\agenda memos\Florida Teleport.License Fees.06.08.04
~
[ITY DF DELIAY BEA[H
DELRAY BEACH
I , 0 . I " ~
tdb:II 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000
All-AmerIca City
" II I!
1993
2001
May 14, 2004
Helmut Bader, President
Florida Teleport
1100 SW 10 Street, Bay B
Delray Beach, FL 33444
Dear Mr. Bader:
This is to acknowledge receipt of your letter of April 13th requesting deferral of
your license fees until 2006. I intend to ask the City Commission to consider
your request at their June 8th meeting. If you call my office or the City Clerk's
office on June 3rd or 4th, we could give you a better idea of exactly when this
issue should come up on the agenda.
In the meantime, if we can do anything to help you remove the obstacles to
launching your enterprise, please do not hesitate to contact me.
Sincerely,
~fJ~
David T. Harden
City Manager
DTH/gb
cc: City Clerk
U:\CM lettersIH Bader fe Florida Telepf lice~ fees.doc A M
@ HE FFORT LWAYS ATTERS
Printed on RftCyclad Papar
-.----..- -
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:'::':~~:~;;';i":-"'~-" "":~-;:;,.;'::_" 1 2DD!t.
"',-, C'f" """k¡- '-'"-~'",'
FLORIDAteleport' ~ ,\'i!'w A",,!:t',
April 13th, 2004
Mr. David Harden
City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Update and License Agreement issues
Dear Mr. Harden,
This is to provide you with a brief status on the company. as we have always aimed to maintain an
open and transparent communication with the City regarding our venture.
During the past x,ear we've had numerous legal issues, relating to the purchase of our teleport facility
at 1100 SW 10 h Street in Delray Beach, which has forced us to reconsider the location of our
T eleport. Some of those issues were related to the previous owners and property titles.
I believe you are aware of all the time, resources and money we have invested into this company
during the last 3 years, and we wanted to assure you that we remain committed in completing our
project and making our vision a reality. At this time we are actively pursuing the option of recovering
our existing location; as well as, the possibility of finding a new location within the City of Delray
Beach to construct our Teleport. Until we are able to resolve the current obstacles that present us,
we will then be able to obtain the commitments from our major telecom clients, which have
demonstrated their keen interest in using our teleport infrastructure for their submarine cable
business.
Our immediate concern is to ensure the survival of our company, which will require us to minimize
our operating costs until we are able to provide active services to our customers. We therefore,
respectfully request your assistance in helping us ensure our survival, by waiving the yearly fee until
2006, per our license agreement.
We ask for your consideration in granting us our request. Please be assured that Florida Teleport is
committed in abiding to the License Agreement terms as soon as we recover from our situation and
become operational.
We wish to thank you and the other members of your staff for your continued support. I would be
pleased to introduce myself personally and meet with you and/or any other City Representatives to
discuss our request further if you so desire.
SIo_' cJ r¡] <>-oM
~r
President
1100 S.W. 10" Street, Bay B.. Delray Beach.. FI 33444 .. 561-243-2201 Ph .. 561-343-2205 Fax
----
[ITY DF DELIAY BEA[H ~
DElRAY BEACH
I L O. ""
tr.e&tI 100 N.W. 1st AVENUE· DHRAY BEACH, FLORIDA 33444·561/243-7000
AlI·America City
, III I!
1993 MEMORANDUM
2001
TO: David T. Harden, City Manager
FROM: ¡f/ Robert A. Barcinski, Assistant City Manager
DATE: June 2, 2004
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8. 2004
APPROVAL RESOLUTION NO. 47-04 AND SPECIAL EVENT REOUEST
271" ANNUAL ROOTS CULTURAL FESTIVAL
ACTION
Citl Commission is requested to approve Resolution No. 47-04 supporting and endorsing the
2i Annual Roots Cul1ural Festival. Commission is also requested to grant a temporary use
permit per LDR's Section 2.4.6(H) for the use of City facilities, rights of way and parking lots, to
authorize staff support for securily, traffic control, barricading, signage, and cleanup and trash
removal and waiver of LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners and flags and to
allow event signs to be put up more than one week before Ihe event.
BACKGROUND
Attached is a letter and event permit ITom Mr. William Young, Board Chair, requesting a City
Resolution supporting and endorsing this year's events, staff support for traffic conlrol, security,
barricading and signage, permission to hang banners and flags, use of City facilities, and a
waiver to allow signage to be put up more than one week before the event.
Estimated overtime costs for this year's event are approximately $35,000 of which $28,600 is
estimated for police overtime. Estimates include overtime costs for the final weekend, basketball
tournaments, and youth parade. Final costs will depend on traffic conlrol needs on Atlantic
Avenue. Last year's actual overtime costs were approximately $30,365. This included
additional traffic control costs for the final weekend. This event under provisions of the new
policy is classified as a major event sponsored by a non-profit agency. Per event policies, the
event sponsor will be required 10 reimburse the City 50% of all costs over $10,000.
@ Printed on Recycled Papar THE EFFORT ALWAYS MATTERS <1~
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8.2004
APPROVAL RESOLUTION NO. 47-04 AND SPECIAL EVENT REOUEST
27tH ANNUAL ROOTS CULTURAL FESTIVAL
June 2, 2004
Page 2
This year, again the final weekend events will take place on the grounds at Old School Square
and the CRA parking lot. The site set up is similar to Ihe Garlic Festival. The Board has
agreements with both Old School Square and the CRA.
The evenl sponsor will be responsible for event management, vendor approval, enlertainment,
banners and signs and fencing of the event site. A minimal fee will be charged for entry to the
site with children being free. Parking will be direcled to City parking lots at City Hall as well as
the Courthouse 101 and other municipal parking lots. An event budget, schedule of events, and
site plan is attached.
RECOMMENDATION
Staff recommends approval of Resolution No. 47-04, the temporary use permit for use of City
facilities and righls of way, the sign, banner and flag waiver, to be put up no earlier than July
23'd, staff support for security, traffic control, barricading, signa¡e, and clean up and trash
removal. Approval would not include blocking or fencing ofNE 2° Avenue. Approval will be
conlingent on receipt of a hold harmless agreement and insurance certificate.
RAB/gb
Attachments
--
RESOLUTION NO. 47-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE TWENTY-SEVENTH ANNUAL "ROOTS CULTURAL
FESTIVAL" IN THE CITY OF DELRA Y BEACH, FLORIDA.
WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the Twenty-Seventh
Annual Roots Cultural Festival in the City of Delray Beach from August 6th through August 8, 2004;
and
WHEREAS, the Roots Cultural Festival presents to the community, state, and
nation a view of the rich cultural heritage of people of African ancestry in our city; and
WHEREAS, tlùs festival was originally conceived by the Jefferson Manor Homes
Association in an effort to bring people together to develop pride, respect, and appreciation for their
community as well as the particular heritage which they bring to the city; and
WHEREAS, the Roots Cultural Festival provides an opportunity for eXClt1ng
experiences for all, reminiscent of the Bahamas, the West Indies, Haiti, and other countries from
which people of African ancestry have come to Delray Beach; and
WHEREAS, the activities of the festival are to promote math, language and
communication development among our youth; to promote physical fitness through sports
tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and
dramatic presentations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby supports
the Roots Cultural Festival, Inc. in their sponsorship of the 27'· Annual Roots Cultural Festival in
the City of Delray Beach.
Section 2. That the City Commission hereby recognizes the 27th Anniversary of the
Roots Cultural Festival, and commends its sponsors and supporters for holding tlùs sigrtificant
cultural event in the City of Delray Beach.
----
PASSED AND ADOPTED in regular session on this the 8'· day of June, 2004.
MAYOR
ATIEST:
City Clerk
2 RES. NO. 47-04
ROOTS .
CULTURÂIe
FESTiVÂL~ INC.
1>-, Celebration of Uni1y and Culture -9~
April 1 0, 2004 4P4> I c~/v~
OIP~ .9 )! ()
The Honorable Jeff Perlman, Mayor y ..t; '" í?1l1
'1,v"
City of Delray Beach '1G~Jì>
100 N.W. 1- Avenue
Defray Beach, FL 33444
Dear Mayor Perlman:
We are excited to announce the celebration of the 27th annual Roots
Cultural Festival. Over the years, the Festival has grown in keeping with the
needs and desires of the community. "Roots" has become a household
word in South Florida and is synonymous with summer cultural enrichment
This multicultural event has received great support and encouragement
from the city, and we are tremendously grateful. This year's theme is,
"Roots: A Celebration of Family, Community, and Culture sustained by
lmani (the Swahili word for 'faith')". Indeed, we believe that it is the
prevailing spirit of faith in our ability to come together and respect our
cultural differences that has made Delray Beach a two time recipient of
the All-America City designation. Despite challenges (that are certain to
come when undertaking a monumental effort such as Roots), we will
continue in our quest to improve the quality of life in beautiful Delray
Beach.
We are again requesting a Resolution from the city sanctioning the efforts
of this cultural organization through the support of the various municipal
departments such as the Police, Parks and Recreation, and others. The
Roots Festival has become so ingrained in the cultural fabric of South
Florida that it draws visitors from through out the country and the
neighboring Islands. Vacations and family reunions are frequently
scheduled during Roots Festival time. This summer, the Baldwin family -
one of the oldest and largest families in Defray Beach - has planned to
bring over one hundred of its family members to Roots this year.
F.C:. F~c.Y 2654 C:0]{CY ßeoch, FL. 33..1..-;;7 . i5611 274 - 0365
·
Roots Letter 04
Attached, please find a copy of the support request list and the 2004
summer schedule. Elizabeth J. Wesley, Interim Executive Director, is the
contact person. She can be reached at 278-1013.
We invite you, the Commissioners, and the city staff to share in the
activities which are planned from June 17th through August 8th.
¡r~
<~Z (
William Yo 9
Chainnan òf the arel
WY:EW:cc
cc: Mr. Robert Barcinski
Assistant City Manager
Attachments
I
THE TWENTY -SEVENTH ANNUAL ROOTS CULTURAL FESTIVAL
Presented by
THE SUN SENTINEL
2004
SUMMER DAYS of Roots Schedule
DATE NAME LOCATION TIME
June 17 Dedication Service Christ Missionary 7pm
Baptist Church
June 25-27 Youth Basketball PompeyPk/ /Civic Ctr TBA
July 15 Youth on Parade Pompey Park 7pm
July 16-18 Tennis Tournament Delray Tennis Center TBA
Kids Dav
July 17 Coronation! Appreciation Luncheon OSS 12NOON
July 18 Gospel Fest OSS 7pm
July 19 Spelling Bee Elimination Pompey Park 6pm
July 20 Strategies for Servicing those in Need Pompey Park 7pm
July 23 Theatrical Presentation OSS 7pm
July 25 Oratorical Contest St. Paul Baptist 6pm
Church
July 26 Essay Contest Pompey Park 6pm
Spelling Bee
July 27 Geography Bee Pompey Park 6pm
Critical Thinking
July 28 Math Contest Pompey Park 6pm
Environmental Bee
July 29 Business Seminar TBA TBA
July 30-Aug I Adult Basketball Pompey Pk & Civic TBA
Ctr
August 3 A Gathering of Brother & Sister Pompey Park 7pm
Aug6 Heritage Parade Pompey Park 6pm
Aug 6-8 Festival on the Square OSS 8-llpm
Aug7 Prayer Breakfast Health Fair OSS 7:30 am
Aug8 Gospel on the Square OSS 12Noon-
80m
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2
ROOTS CULTURAL FESTIVAL, INC.
FY 2004 Budget
I. Expenses
Personnel - Administration $1.00
Academic Component 5,000.00
Kuumba 11,500.00
Classical Series 12,000.00
Stratel!ies for Servinl! those in need 50.00
Gatherinl! of Brother & Sister 50.00
Theatrical Presentation 500.00
Coronation/Appreciation Luncheon 2,000.00
Herita2e Parade 1,000.00
Prayer Breakfast 1,000.00
Office RentaI/Utilities
Snace Rental/Utilities (12mos íaJ. $500) 8,100.00
Telenhone & Fax Services (12mos. [a) 175) 2,100.00
Marketinl! and Advertisinl! 5,000.00
Accountin2 Fees 4,000.00
Equipment Service & Repair 600.00
Concessions 2,000.00
T-Shirt 3,000.00
LOl!istics & Facilitv Lavout 10,000.00
Souvenir Booklet 3,000.00
Sound (Indoor Activities) 1,000.00
Sound (Outdoor Activities) 6,000.00
Youth on Parade 500.00
PostaI/Mailin2 200.00
Insurance (Board & Festival) 3,000.00
Supplies 2,000.00
AudUinl! 5,000.00
Lel!al Fees 1,000.00
Printinl! 1,000.00
Miscellaneous Exnenses 1,000.00
Business Seminar 500.00
Artist Fees 50,000.00
Gosnel Fest 400.00
Snorts Components
Basketball Tournament 6,000.00
Tennis Tournament 5,000.00
Golf Tournament 5,000.00
Total Exnenses $158,501.00
3
II. Revenue
Festival on the Sauare{Admission) 46,500.00
Basketball Tournament 10,000.00
Tennis Tournament 8,000.00
Golf Tournament 10,000.00
Booth SDace Rental 12,000.00
Souvenir Booklet 4,000.00
T-Shirts 5,000.00
Concessions 3,000.00
Youth on Parade 1,000.00
Gospel Fest 1,251.00
Coronation/Appreciation Luncheon 3,000.00
Business Seminar 1250.00
Prayer Breakfast 1,000.00
Theatrical Presentation 1,000.00
Classical Series 2,500.00
Grants, Foundations, Cornorations 49,000.00
Cash Carry-over
Total Revenue
158,501.00
4
ROOTS CULTURAL FESTIVAL
FY 2004
SUPPORT LIST
1. Police Security, where applicable
2. The City to allow the display of the Roots flags.
3. The City to waive fees for the use of facilities and staff for all
activities schedule at Pompey Park, and other appropriate city
facilities.
4. The City to provide Roots signage on Atlantic A venue and all
other appropriate sites from July 19th - August 8th.
5. The City to allow Roots exclusive use of City Hall Parking lots.
Representatives of Roots will be charging a parking fee with all
proceeds going to Roots organization.
.. , City of Delray Beach DElRAY BEACH
f . 0 . I D ~
b.ed
CEIVED Special Event Permit AlI-AmericaCIIy
1 t 200~ Application , ~ II ,!
.:.;;.¡.;.:¡.i'·.....I
MANAGER PLEASE PRINT 1993
2001
Event NamefTitle: --T~ 0 + .ç Cil1L.J o ' I
"50",1') r. t......
Event Date(s): 'i?J b - 8/ g
I I
EventTime(s): Jy~~ Ç-I'p"" / ~~ h-l'Id7J>...-II¡f1-1 5v~ r-,5'fr'VI
-1.fL~'
Event Sponsor/Producer: ()lJ k u.\ ~ v~ I..-c....
,
Event Contact/Coordinator: ß 17 ~k ~N~s. \~
Name: E hl~ß~ W!sk~
Address:
p.. 7-lo~)I{
Telephone Number: ).....,If-lé>~ b~ Cellular Number:
E-mail Address:
Evel1t DE¡scription/Pur~ose: ~ur ()~t:. l~ t~
. C/l... r'('Cr'
VIY
,
.
Sponsor Category (please check) City CY!<fon-Profit/Charitable 0 Private 0
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location): Lo~
==r- QV~ {^'~ k (')(ç,
Site plan attached yes V' no
(Site plan required for entire event site)
Event budget attached yes /' no
(Required for all events)
Serving or selling alcoholic beverages yes V no
(If yes, copy of license and a/coho/liability insurance required two (2) weeks prior
to event)
1
,. .
Event certificate of insurance attached yes" no./'
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music yes J no
(Waiver required)
Requesting Police assistance yes J no
(traffic control/security)
Will supplement with private security yes / no
(If yes, need plan attached)
Requesting Emergency Medical assistance yes J no
Requesting barricade assistance yes --/ no
Requesting trash removal/clean up assistance yes ../ no
Requesting trash boxes and liners yes / no
Requesting stage use yes no ,/
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0
Requesting signage yes / no
Type: Event sign ./ Directional signs r
Banner hanging v Indicate dates required_~o ,,,,,-ee.k ~UJY
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors yes./ no
If yes, approximate number ,it)
Health Department approval yes"/ no
Other vendors yes ../ no
Tents yes ../ no
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes --/ no
(If yes, type and location and copy of liability insurance required)
Will the event be gated yes../ no
(Show on-site map)
2
" /'
Will there be fireworks or other pyrotechnics yes no
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes / no
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event yes J no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event yes V no
(If yes, indicate ticket prices)
Is reserved parking requested yes V no
(If yes, indicate locations)
.
ýð/öý
L Date 'I
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 NW. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use 0flfr / ~ Application fee received $c90%O~/J(
Date Received' II OC¡ WV
Site map ./' r1fi
¡/ .
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
~-
fI1
. ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
DATE: June 4, 2004
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 2004
PROPOSED AMENDMENT #2 - AGREEMENT HORSE DRAWN
CARRIAGES, INC.
ACTION:
City Commission is requested to consider approval of Amendment #2 to the agreement with
Horse Drawn Carriages, Inc. originally approved November 3, 2003 to allow them to continue to
operate Thursdays through Saturdays to October 31, 2004.
BACKGROUND:
We have received a request from Rebecca Learman, Horse Drawn Carriages, Inc., to allow Ihem
to continue to operate Thursdays through Saturdays from 7:00 p.m. to midnight to Oclober 31,
2004.
On February 3, 2004 City Commission approved Amendment #1 to the original agreement to
permit thi's service to continue through season.
The Cily code was amended to allow horse drawn carriage rides as a temporary use during the
holidays and season if sponsored by the Cily, CRA or Joint Venture.
Per my discussions with the City Attorney the language in the ordinance does not accommodate
private individual uses for special occasions such as weddings, bar mitzvahs, or anniversaries.
RECOMMENDATIONS:
Slaff recommends denial of the request to amend the agreement with Horse Drawn Carriages,
Inc. through October 31, 2004 because the continued use does not comply with the existing code.
Staffis also requesting direction concerning this use for private hire for special occasions.
RAB/tas
fi Ie: u :sweeney /agenda
Doc:Agenda Request Amendment #2Agreement Horse Drawn Carriages
q\=
-_.--
MAY-25-04 08:56 AM
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Rebecca ~earman
Horsç Dra;wn Carriages, Inc.
11715 Surlset Blvd.
West Palm Beach, FI. 33411
" Robert Barcinski
Matjorie Ferrer
,~ . kff Pcrlm.an
, . Delray Beach City Comissioners
, .
May 22, 2004
Rc: Continuing horse-drawn carriage services in Delray Beach
":,f::;' ~
Horsp Drawn Carriages, Inc. has had a wonderful experience W:íth the" ':i¡'
patrons of Delray Beach. ' ,~:: ~1
....' :,I,
Wor\<,ing "he Avenue giving rides has been a pleasure becaustrofthe ¡ ~:'~,
positive feedback from satisfied customers as well as from the 6otirit1es~ ,'~j r, ,
pedestrians who stop to pd the anima1s and ask questions about horses. I It 'r ~ ",
Seen1S there is always a smiling crowd standing around us. ! J ,~'" f~·
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..~ ~~ ~
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In the 6 months we have ~een in pcJray Beach innu~erous peqpl¿ ha~e'et t;~: ~ ., :
" us know how much they like seelllg us downtown. Smtc we started glv)ng. ., ~, I
,; ride? again in February we ~av~ averaged 5 or 6 rides per day, giVipg II a. ;: '~.' ,t,
12 ndes on good days and Slgmficantly more on our best days. ThIS, al~o, I '....,. l'
evidence that Delray Beach visitors love us and it has made our stay ¡ ~
successful. "
~ :k> p; ,
We would like to continue giving rides on The Avenue and woulð Iike;'o ',;;¡ .~', ..1. "~
:':. 8tal1, again as soon as possible. We would reduce our workdays to Thur dal;': ~ ,c'
, Fridpy, aÒd Saturday evenings from 7pm to midnight during the surtlin ,.' ":'¡'~ :'.'
morl.tl.1S" " "" ~.
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MAY-25-04 08:57 AM P.03
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, Delrµy Rçaeh and the JOi11l Venture are still covered by our insura;nÇ:c P~IiC*::_ ~
.. and we h~vc secured a location for the caITjagcsjust south of Atlantic A,ve' ~
;:. ¡ on Sl~ 2nd when the CRA warehouse is no longer available. ; L;. i
- '. , The action that ARFF has taken against us in Delray Beach is trul)' unju~t. 'r ~
and their methods are not only unethical, but I believe illegal. . '. r J
.. ..' I amhon~stly saddened that thes~ young adults, completely lacki~ e'.ll1!ne .1.,.: ~
>'~ kno",1edg,~ (I was able to asœrtam that not one of them had ever spent d da ,,!
. ¡: in their life with a horse,) arc trying to convince thc public that I am an ) ;i; ~
-:Ii animal abuser or would subjcct our horses to abuse. Never! ", :i:.~ ~,; í
¡ .~: t' 4-
1 ',\ ~~,
., My experience with horses goes back a lifetime. I have studied equine ~ ...~.~.~. F
.j beh~vjor and am a certitied equine safety instructor and horse trainer.' ' ~
Pulling, for a draft horse is healthy, necessary exercise, and r knoW our ! ~;¥:.:
horses wèll ~nough to ~ay with certa!nty that they enjoy their work.HQ{Se . :; i .
f Drao/n Carnages, Ine: IS a horse busl~es~, a~d was founded out ofg~eaIJovh: , .
~ and respect for the anImal. Our # I prlOnty IS the heaJth and well bel.11g ~f . k': i
our horses. ¡ ),¡".
¡ .1Y{
ARr';f~' h(l$ suggested we cause traffic tic-ups and congestion on ^Hanti¿ ;¡, i
Ave,. I..cad.}ng to accidents. The opposite is trllc. The Delray B~athPo1i~e .1<.·:.··.:... ~
has ~old us thcy like us because: "we keep the traffic slow." Thc>, havc¡ii.; ~
teferl'e~ to us as a traffic calming device. D?wnto~n Ddray Bea.:jh has 'at;i i
con~~11IeOt bypass route.both east and w~st tor tra!1lc that docs !leit wat\J to:.;; .
travel as slow as pedestnan heavy Atlantic Ave might call for. ¡ I"§~"·
: They say (~ur horses are ea~il~ startled and will OOJt or rear uPSUb~~~teJ.to:~li
sudden nÒlses. The opposite IS true, Ollr horses have proven thelnsdvJ$t~; ~ .
time: and again on The Avenue, where they have been subjected tq slreo.~. hI ¡'
horns, It (:)t?rcycles. large, noisy trucks and many.other ~trängesight;; a~d.}! I :
sourids typical of bus)' downtown Delray Beach, mcludmg a cöupleof; . +; I.
thunderstorms. Without incident. ¡?;: ~
ARFF put together clippings of horse-drawn can'iage accidents aq4acç'de;a
lists:to sway opinion against our bus.iness. They pasted thcm togcthèt 1 . ¡;f'
~uch a way that an accident .w~ich, upon. first gl?nc,e seems to havþ ¢cct ITe' .~ ~
~n Bo~a, was rea1l)' a man hlttmg an Amish famIly In a horsc-drawn bu y ¡,.:, I
" . III OhIO. ¡: '.~.
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MAY-25-04 08:58 AM P.04
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They add a horse that broke free from a paddock and a policcnlW1' hit ri in Ki,,~, ','
, a Thorobrcd. Included on their accident list is a carriage horsc' that stuiVblc" II
~
, and hurt it's leg. ' í '.: ¡
, .; (',"i«
, :, t
I The methods ARFF is using to try and put us out of business are ¡ I,' £
,'- , unscnlpulous. ¡ : ~
~ 'i ~ -
'" , After pk~eting the diner6 at a popular Atlantk A vc rest¡~urant with ho~fic I_r ,
::. ,
f>-r
"",t p!etytcs ànd films of dead a~d abused horsc~, they threatened to cdntjn~e td~; :: \
t, I ~;> " :; 'J
'I,'.;,;·;
~~~ /;,~ f' p".þ' 0'''''' th, manag« "good a fonn """mg,m< woold nm"m' "'. ]',! . ~
I agai~, They have scnt threatening e-mails to eonunissioncrs and have ¡ ';f'~ ~
¡ vandalized our trailer. But worst of all, they sent a man in a wbec!chairtnt;'t ; '" ¡
1
'.
I the s~rcet~o ~lII'posely try and spook the ho.rse I was, driving (Mikc ~idl1¡tJ: '~.'
I
I react,) bellevmg such a spook could result In an accident. Such adnons _ ,¡ ¡ ,,'
, ! t"-~' '
I: i cannbt bcjustil1ed. I;"~ Ii ·
~ ,,~ !;
, ~ "'j'i
I Hors,c Drawn Carriages, Inc. is a conscientious and legiti~late busIness, .ndl'(~i "
¡." I: . hors¢s doin~ what they we~e bred o.ver 500 years t~ do, with propér shQ~mg '.' J¡ ,..
,
-,
¡: and 0/<11 GUmg h=,,,,,.,, no' ,n'm.l ab,,,. Q",'" the 'ontnuy. í ¡'i'
,
! Heal!hy, happy. ho~scs pulling beautiful carriages give D~lray BC~èhan;:H'
¡
-I
, ~: ~
! upsc~lc, cbarmlllg linage and offers patrons the opportunIty to énJOY on~ of ,,_I * .'
¡, life's sill1ple but wondt~rfu pleasures, a horse-drawn carriage ride. !t.~ i"
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Please bring us back to Thl: Avenue. ¡ .~
! '~
, Sincerely,
¡ !
, ,
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,
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Rebc~a¡e:lr::n 9~__
¡
!
Horse Drawn Carriages, Ino::. .1
j
¡
" ,
'j ¡ PS Horse Dravm Carriages, Inc. has not, and will not dispose ofa-ny ¡
;, ~
~:' ~: [ mamire down storm drains. We have a WOnl) farmer who takes 'alI,the i
;. .: ~ ':¡
" manÙre we can give him. Proper, sanitary disposal is our policy. ,
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MAY-25-04 08:59 AM P.05
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.Working Con(tit~QOs, 0\,1
-,~w_ ~l.
~Xce"ent work ethic a~~;ea' E!rly
time to go to work., D~ft he¡ 'as
draft means ·pullj, al~Q kn '('1"
horses, were bredbVel!500ra'
farm work and fielding' aþlq " ','
blood and they enjoy püning.
capable of pUVìng ma~Vl¡m~th
8~d our carriages, rolli¡¡g atOlb ,
" with two, or even nlné~êO~~i$
healthy exercise for thl'!,rr\.' e~,
, '" ~I abuS~~$ exist. Unfortunately, even in heat and work in the eÌiehin $ --'
permitting. ','
,rrlage horsalnduslry, ¡
,e DrawniGarriliges, Inc, is nol one of . Health Proble"'~L¡!Ien
" VlJe loye our horses and provide them deterioration, Bkln$ör~$"bo ,', b
,trfl best PO$siþle care Their health nec~, shoulder, a~~ bêi 9< pro Ie,
, ,,¡rapPines,s is o\.¡rs, avoIdable health Issue+'.(or, . n"
, The harnesses are 'çh ëJsed:oll
.' j.,b :
. "Jrcldent$. Regrettably vehicles often com~ort and propeffit.~ëgua( ,
many oþ¡,ects, possibly resu"ing in special .shoes and¢a1i~1 dQì~
~éln urlebto atr parties involved. utmost Importancë to $.'0 1#'
. DS rE!sþo , ~ibly, and adhering to traffic the hearth and we~ beiQP of' ut:
~ ~$$enli~l. Mike and Molly and all the are. after all, a ho~e b,s1n~ ,a,
'!rQm ~orse:þrawn Carriages. Inc fou nded out of g réðt 10\Ìê' tll'(Ì'e
prOI,Jghl)' tralf1ed to go safely in all animal. "
j 'J)~ nolsy'liInd ~usy atmospheres, . For you Horse-d~Wn'
, Jng dOwf'¡towry traffic. They are draft
~, whos~ disposition is naturally calm beautiful addition tod .'ðtQ
. l1ey are riot e~'sily spooked. Mike and MoUl: and' evtì9on; fro: ' ,
,"urse, ve~erjnaty care, both well care Horse Drawn artle¡ge ~lnc, 8 h f
, or possible injUries is never refused, provide you with th~ opp<'rtJ itý
( "". of Hie ,,,,,"pl. þ",'!IiOh<t ""~ T
' i 1£"'. j¡ 8 horse-drawn caf!1a '_It_ ~_ ~':
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"j 881 '333 0920 ' ¡~L
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2.4.6 Procedures for Obtaining Permits and Approvals: The foDowing procedures shall be
followed in obtaining various permits and approvals as indicated by subsections headings.
(H) Temporary Use Permit: A temporaty use shall be required for any of the uses listed
below. The granting authority of each use is as shown.
1. Cin:uses or Carnivals - City Cnmmi.,.¡on
2. Uses under a Tent - City Cnmmi'ÚOI\
3. Sales Offices and Models at a ]!-ï, '"'11W Developm....t Site _ Chief
Building Official
4. Construction TmiIcn and Compounds - Chief Building Oflicial
5. City Operated Facilities - City Commi'''on
6. Seasonal Farmer's Market - City ('.nmmi.~
7. Tempoœ:y Parking Lots - City ('.nmm;"ÜOn
B. Horse Dmwn (",JImmv ~ 10! Sbtinf Rin~ Carnusel and Oth~
Related Hnlitl~ SeasonallTet1:!po~ Uses _ Ci~ Commj.';~n
(1) Rule: No ........pntary use shall be allowed except as þrovided in this Subsection (H)
or as otherwise provided for in these regulations.
(2) Required Infoanation: A request for a tt:Inporary use shall be made via letter to the
granting authority. The letter shall contain the foDowing infoamlion, as applicable to the use beùtg
requested.
(a) Name of petitinnff;
(b) Name of property owner and consent therefrom;
(c) I.""'tion of site;
(d) Purpose, activity to be conducted;
(e) Period of use;
(f) Proof of ability to connect temporary eIecttic services (see Artic1e 7.2);
2 OID. NO. 41-03
... . on 0 ..
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..-.... ..... ... ,.. .~ ... . . ~....... " .. .. .., . .............. ....-. . ........ ..
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c. Products to be sold shall consist of IgIÏcultual produce, plants
and flowers; baked goods; and cheeses. The Commission may
also at its discretion approve the limited sale of related products
such as handmade crafts. prepared foods. and promotional itans
bearing the name of the City and the nwker. The sale of such
additional items, if approved, shall be limited to a specific
number or pe=tagc of the total vendors.
d. ~ o-...,mon may . approve the design eldnents of the
market (i.e. site layout, types of tents/bootbs to be erected, etc.),
or may.. deter such elements to the Site Plan Review and
ApP'""...nce Board (spRAB) or the Historic Preservation Board
(HPB) as appropriate. An elements must comply with applicable
health, safety and fire codes.
e. Petmits for eIectrica1 and health and ",n,totion facilities, IS
appJicable, shall be obtained.
.(d) H~ Imrwn ('.-.....HI'" Rilles.. Ice ~htinr RinJr CIU"n~1 And Ot),~ ReLtted
Hqlitl"y ~~VIT~.lX/~q Us~
The ho..¡.)dr",,;nci~f,¡tlHiå ~htint 1'Înlr OIt'n1.<eL an~th;;;, ~~
hnJ;,: V .""""".I/t""'1P""'7 n.~ must be ~nso-;:;;d. e ':
Cnm"'n"i~ RMevdqpment 1\genc;y. the Downto=Ío¡;;;V~-;;::r 0;'
~çy whi,," is fO"'\Jl1!.ted for the Putpn~es of <:conn...;" dev;5::'::
apl!f0ved .~ the QW Cc,.')?,i..;~ .1:'he 0wnet/~erot()r of ~~h ~ -ä~
~gr--nt1,..-- m'lEt--have . J1r~se ~cnt .pproverl b.y e
Commict5Îon prinr to ~nmmenÑnt the use. /
(d)W Temporary Parldng Lots:
1. A tempoury prutiDg lot may be permitted within the following areas:
** the pottion of the Central Business District (CBD) and
('.o......n"ity F.";liti~ (CF) District which is bounded by
Swinton Avenue on the west, the Inttacoastal Waterway on the
east, N. E. 2nd Street on the north, and' S.E. 2nd Street on the
south;
** the pottion of the CBD and CBD-RC District which is bounded
by N.E. 2nd Avenue on the west, the FEC Railway on the east,
N.E. 2nd Street on the south, and N.E. 4th Street on the north;
II 5 ORD. NO. 41-03
... -
·-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9.G - REGULAR MEETING OF JUNE 8. 2004
RESOLUTION NO. 49-04 (COMMITTING TO COMPLY WITH
MINIMUM LEVEL OF SERVICE STANDARDS FOR FIRE/RESCUE)
DATE: JUNE 4, 2004
This is before City Commission for approval of Resolution No. 49-04 committing to comply with
minimum level of service standards for Fire/Rescue services.
The Palm Beach County League of Cities worked very hard to persuade the County Commission to
not schedule this issue for a referendum giving them the power to impose minimum standards, but to
allow the cities to work cooperatively with the county to solve those problems the county believes
exist.
Recommend approval Resolution No. 49-04 and Countywide Minimum Level of Service standards
for Fire/Rescue services, with staffs recommended changes.
S:\City Clerk\agenda memos\County-wide Level ofService.Fire.Rescue.06.08.04
-------.--.--
RESOLUTION NO. 49-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, COMMITTING TO COMPLY WITH
MINIMUM FIRE-RESCUE LEVEL OF SERVICE STANDARDS.
WHEREAS, representatives of Palm Beach County ("the County") and the municipalities
within the County ("the Cities") have engaged in extensive discussions regarding the voluntary
implementation of countywide minimum fire-rescue level of service standards; and
WHEREAS, the County and the Cities have determined that the provision of fire and
emergency medical services is a fundamental governmental service that affects the basic life,
health, and safety of their residents and visitors; and
WHEREAS, the County and the Cities desire to voluntarily implement a countywide
minimum leve! of service for all fire-rescue providers; and
WHEREAS, representatives of the County and the Cities have met, conferred, and
established the criteria for a minimum level of fire-rescue service; and
WHEREAS, the County and the Cities have agreed on a five year implementation plan that
includes a three year voluntary program; and
WHEREAS, the County and the Cities have agreed to coordinate their progress and status
in implementing the level of service standards through the Fire-Rescue Level of Service
Committee, whose membership is comprised of both municipal and county representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach, Florida, will comply, subject to budget and
appropriation by the City Commission, with the minimum Level of Service standards as outlined
and modified in Exhibit A ("Countywide Minimum Level of Service For Fire-Rescue"), attached
hereto and made a part hereof, which shall not be further modified without the consent of the City.
PASSED this day of , 2004 by the City of Delray Beach, Florida.
MAYOR
ATTEST:
City Clerk
·'
.
COUNTYWIDE MINIMUM LEVEL OF SERVICE
FOR FIRE-RESCUE
This countywide minimum Ieve1 of service applies to all agencies providing tire-rescue services
in Palm Beach County. A nine-member "File-Rescue Level of Service Committee," appointed
by the Board of County Commissioners, in cooperation with municipalities, will SClVC in an
advisory capacity to assist in the implementation of the standard. This nine-member committee
shall be comprised of:
Seat
1
2
3
4
5
6
7 I thereafter
8 Board member 2 ears thereafter
9 2 ears thereafter
It is the intent of this committee to be advisory in nature to assist with the implementation of the
minimum Level of Service standard as "Nell as te IIt8&lillll. a _lliBe eød 'iVØl'k P: ::
~-!~ efa U--SB dispue.ll. eystem in p.'- Beaek CellBly;¡;;;'~ ~;. 8 .
NspellSB eapøl!ilily. The Committee will serve as a technical reviewing body on all tire-rescue
providers' plans to comply with the proposed Level of Service standard and advise the Board of
County Commissioners on a quarterly basis on the progress toward compliance.
Bach provider will have three years to voluntarily comply with the LOS standard. If:::::
~:~-;: !,PÌetl, allllllllliaipeliti. l1li lIet is aampli8llel, the Be_ af ~e1iB1y CaRHlli; .
NVisit the iosue. All municipalities and County government will have until July 1,2004 in order
to adopt a resolution indicating their willingness to voluntarily comply with the proposed Level
of Service within 3 vears of the nas..- of the resolution.
~~~~!..~~~ r~ ':eillRtIfy :~18111IBt&Øall pree.s ùs8Ål!etl aha":e, all pre-..itlefS
.L_.j eemJlIy \,.:itä the J..ewl af88FI'Íae IItIIRIIarå, lie. let.. tL__ Qate!;; i., 1001.
Functions of the File-Rescue Level of Service Committee are:
- review and approve a model resolution to be approved by County government and all
municipalities to volUlltarily comply with the proposed LOS standard;
- advocate the adoption/implementation of the proposed minimum LOS;
- assist providers in developing action plans to meet the minimum LOS;
- review initial reports submitted by all agencies;
- review action plans of those not in compliance and prepare quarterly progress reports to
the Board of County Commissioners;
LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page I
EXHIBIT A
. .
. .
. review partDering IlI'IIIIpments to determine if they meet standards;
- review compliance reports;
. provide feMhoock reports, with specific recommendations to non-complying providers.
- serve as a central collection point for reviewing updated standards and determining
inclusion into Palm Beach County standards;
S1audards: The Committee will have no ongoing responsibility for standards and laws
established by local, state and federal governments. . The standards and laws included in
this document are for reference purposes only. However, at the time an agency submits
its compliance report, it shall attest to its overall compliance with all local state and
federa1 regulations. ~ ~hF I, 2997, ~:er ediâ9.B af f8ÍBfeae:: _;::: ~
:: .:.~~~ ~~~~ ~e~~~e~~~~::S8R~~:~:~==. s~~::
~ AI::: :~ ::=; iIIte PeIæ Beaeå c;iø;ÿ &~ Whenever reviewing
IUDClided standards for possible adoption, the Committee sha11 provide a sixty-day publíc
comment period, fon~wed by a. publi~ hearing. and~R= :.::~: a[~;:::~~
the conseQt of f!Mh Cl~ before 1J1Chuhn.:r the !ltAn". e .
Consultant The CommiUee has the authority to recommend to the Board of County
Commissioners to contract with a Fire and EMS expert to assist in the initial review of
compliance reports and implementation plans. Said consultant would provide
professional expertise to those agencies required to develop and implement a compliance
plan, if requested by that agency.
Lilted below are the specific criteria established as a minimum to be a provider of fire..rescue
~ce in P&!m Beach COIll1~. The .foU::::..~~ :~~b:n~ =:. ~ ~o:o:~::.
~i~2==:~~~~:~;;:;~i~~~'~~liecti~b~==m:'~:SU to
I. STAFFING
A. Daily stafting sbould be DO leas than II personnel:
1. 2 engiJJCSIquints (statred with 3 each)
2. 2 ALS transport units (staffed with 2 each - FS, Chapter 401.2S(7b), 2002
compliant)
3. I officer (IDcideot CoIllD18Dder)
(a) Minimum s1aftin¡ may be 8CCOmplished through partnering with
another provider, through interlocal agreement, as long as all partners are under a
single dispatcb/communications system, or separate, fully-integrated dispatch
centeJs with common communications capabilities, which includes closest unit
response between the partnering agencies, operate on the scene utilizing the same
Standard Operating Guidelines, and utilize the Incident Management System, as
adopted by the Palm Beach County Fire Chiefs Association.
(b) Alternative deployment strategies for personnel and equipment
submitted as equivalencies to this standard must be reviewed and considered for
approval by the Committee.
LEVEL OF SERVICE CR.lTERIA, revised 312104 Page 2
.....
.
.
,
B. Eac:h provider wiJl employ or contract with a State Certified File Inspector, u
outlined in FS, Chapter 633.081,2002
references: Florida Stahdes. C1uIpter 401.25(7b). 2002
Florida Statutes. Chapter 633.081. 2002
Incident Management System, as adopted by PBC Fire Chiefs Assn
U. APPARA'n1SlEQUlPMENT
A- All fire engines/quints, u a minimum, shall be Clau A pumpers, and shall meet
NFPA Standard 1901, 1999 edition, plus
1. carry adequate adaptors to provide continuous fire flow 10 neighboriDg
jurisdictioos
2. carry or have available at the cmcrgency scene hydraulic oquipmcDt
capable ofrelcasiDg entrapped victims.
B. All ALS transport units shall meet State LiCCDSing requirements
1. transport capable (meeting FS 401)
2. equipment to meet FS 401 for ALS transport (Admin Code 64E2, revised
November,20(2)
m. TRAINING/CERTIFICATION OF PERSONNEL
A. Basic (FF IT, EMT) [Note: Strategies to certify FF I's to FF U level and non-
EMT's to EMT level should be included in an Agency's compliance plan.]
B. Paramedic
C. Hazardous Materials (Opcratioual Level)
D. Supervisors - Incident Command Training (per IMS adopted by PBC Fire Chid)
E. State Certified M~?PaJBile InspccIO~ Certification (for at least 1 cmplo~ or
outside contrøctor)··· .... .'. ,
F. Emergency Medical Dispatch Training (for dispatchers), Utilizing certification
available through; A.P.C.O., Medical Priorities, or PoWCl'phone.
references: EMS Ordinance #01-25
Regionøl Haz Mat Ordbuutce #01-27
Incident Management System. as adopted by Palm Beach County Fire
Chiefs Â8SocIatioll
29 CFR 1910, July, 2001 edition
IV. COMMUNICATIONS
A. CAD systems that produce standardized data (implementation to be in accordance
with Section V}
B. Synchronization of clocks
C. I!mcIgcncy Medical Dispatch and prc-arrival instructions
D. Policies &; Proc:eduIes 10 capture response time e1cmenta
E. RcconJs Maœgcment System, standard reports
F. interopcrability with other systems in the County (at a minimum each operational
unit shall have access 10 the County-Wide, 800 MHz mutual aid talk groups)
references: Incident Management System. as adopted by Palm Beach COIlllly Fire
Chiefs Â8SOCÙItÎ01l
LEVEL OF SERVICE CRITERIA, revised 3/2104 Page 3
-..-.
"
.,
NFPA1221,1999ed1tion
V. RESPONSE TIMElPERFORMANCE
A. uniform. respcmse timo e1cmcnts wiD be ahum hRnd1;1I8. turnout time aDd travel
time, for all responding emergency units
B. all providers shall mIpOIId to all emergency tire and medical calls in an average of
8 minutes tota1 tespOlI8e time
C. by March I, 2007, the Committee shall identi1ÿ exclusions of call groups for
respcmse time reporting (i.e., Code I responses and mutual aid responses)
:g. ~ Qetehør I, 299=1, !Bill. )!fa.oiller will. Ita".. B C.\Ð 8) 11 tt._- llIpttnø all
eMøIIliøll.e.':-- elllB8IH&, as ¡"vâfie.1IBII Bdep'e. ~ tile CSR1IIIÍttee
:8. lIy 9ete11.. I, 2098, sIBk p1'Ø7idør will f8IIm all. IIItBII"rllell tiRlI sllllMBts te tile
~e -'1181 8B . IlUllltefly hBeil
F. ~ Qets"" I, 2999, tile {'---'ll" ',viII e!ÅBBIisk. "'SP~RBS V-I steftderå 'il'kiell
',,,;I! !JeIS_ pert eftlle 88111p1'--" 1'811":" 11118
,.,qerences: EMS Ordinance 1101-25 and Rulu cI Regulation.J
Haz Mat OrdiIumce 1101-27
VI. INCIDENT MANAGEMENT
All agencies shall adopt and utilize the PaJm Besch County Fire Chiefs Association
Incident Management System, with appendices.
references: Incident Management System, as adopted by the Palm Beach COIOItJI
Fire Chúifs Association
Chapter 633, Florida Statutes. 2002
Florida ,,4,dmi1ll8t1'ati\1e Code 4,,4,-62. revised November. 2001
29 CFR 1910.134, July 2001 edUJon
NFP,,4, 1500. 1997 edition
. NFP,,4, 1710. 2001 edltùm
LEVEL OF SERVICE CRITERIA, revised 3/2104 Page 4
-----
.¡t,
[IT' DF DELIA' IEA[H "¢.~¡;:- r- ~p'r.;f1
',.¡..,. . ""~
"~pr~' ::","',"~' '- r"~''/'~'
CITY AnORNEY'S OFFICE .. '.1', ..1¡' 'i \ }~"',I.
200 NW 1st AVENUE' DELRAY BEACH:FLORltiA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
Write(s Direct Line: 561/243-7091
DELIA Y BEACH
- MEMORANDUM
~II~ DATE: May 11, 2004
TO: David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Comments Regarding Resolution R-2004-_ Minimum Fire-Rescue
Level of Service Standards
Per your request, I have reviewed the Resolution and LOS Standards. A few
issues remaining to be resolved are discussed below:
(1 ) The resolution states in the fifth "Whereas" clause that the County
and the Cities have agreed on a five year implementation· plan that
includes a three year voluntary program to comply with all criteria
except sub-paragraphs V-D, E, and F. (See attached). [My
suggestion would be to delete V-D, E and F from the resolution
and from the "Countywide Minimum Level of Service for Flre-
Rescue" document that I assume is the Exhibit A to be included
as part of the resolution (referred to as Exhibit A herein).]
(2) The sixth "Whereas" clause in the resolution states that the County
and Cities have agreed to coordinate their progress and status in
implementing the level of service standards through the Committee.
[There does not appear to be a mechanism to address the Issue
of non-compliance and yet certain mandatory language is also
included.]
(3) The LOS standards and resolution contain mandatory, as well as
voluntary, language. The mandatory language contradicts the fact
that the LOS is intended to be entered into voluntarily. [I would
suggest that the resolution and exhibits delete mandatory
language such as contained within the fourth paragraph of
Exhibit A regarding the directive that "all providers shall
comply with the Level of Service Standards not later than
October 1, 2007".]
May 11, 2004
Page 2
(4) On Page 2, the Standards section provides, "That on October 1,
2007, whatever edition of referenced standards that are in effect will
be the baseline standard". Further, it states that amendments to any
referenced standard will be reviewed by the Committee within 6
months of their adoption to determine whether they should be
incorporated in the Palm Beach County Standards, subject to a 60-
day review and comment and public hearing provision for citizens.
[Level of service standards should not be decided by the
Committee without further approval of the LOS Standards by
the Cities.]
(5) Paragraph two states the Committee is "advisory in nature to assist
with the implementation of the minimum level of service standard as
well as to establish a timeline and work plan for the development of
common dispatch in Palm Beach County that could provide closest
unit response capability." [I would suggest deleting the reference
to "common dispatch" and "closest unit response" because it Is
a secondary issue to the level of service standards.]
(6) [The other Level of Service Standards should be reviewed.]
(7) [All LOS Standards should be subject to budget and
appropriation by each city and also subject to good faith
attempts to recruit personnel and if required by law, Chapters
447, F.S. and collective bargaining agreements.]
I have made some suggested language changes in legislative format to the LOS
Standards and to the resolution which are attached. Please call if you have any
questions.
SAR:smk
Attachment
cc: Kerry Koen, Fire Chief
--~-
"
RESOLUTION NO. R-2004-
RESOLUTION OF THE CITY OF
, FLORIDA, COMMITTING TO
COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF
SERVICE STANDARDS.
WHEREAS, representatives of Palm Beach County ("the County") and the
municipalities within the County ("the Cities·) have engaged in extensive discussions
regarding the voluntarv implementation of countywide minimum fire-rescue level of service
standards; and
WHEREAS, the County and the Cities have determined that the provision of
fire and emergency medical services is a fundamental govemmental service that affects the
basic life, health, and safety of their residents and visitors; and
WHEREAS, the County and the Cities desire to voluntarily implement a
countywide minimum level of service for all fire-rescue providers; and
WHEREAS, representatives of the County and the Cities have met,
conferred, and established the criteria for a minimum level of fire-rescue service; and
WHEREAS, the County and the Cities have agreed on a five year
implementation plan that includes a three year voluntary program te eeFRply wit :¡ all er:iteFi3
Ð (f)Ðpt 61;1B pamgr:ap :¡s V D, E aRe! F; and
WHEREAS, the County and the Cities have agreed to coordinate their
progress and status in implementing the level of service standards through the Fire-Rescue
3/8/04
1
Level of Service Committee, whose membership is comprised of both municipal and county
representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF , FLORIDA, that:
The City of , Florida, win comply. subiect to budaet and
appropriation bv its City Commission. with the minimum Level of Service standards
as outlined in Exhibit A ("Countywide MinÏ(l1l.1m Level of Service For Fire-Rescue"),
attached hereto and made a part hereof which shall not be modified without the
consentof the City.
PASSED AND ADOPTED by the City of , this day of
,2004.
, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attomey
3/8/04
2
. .
.
COUNTYWIDE MINIMUM LEVEL OF SERVICE
FOR FIRE-RESCUE
This countywide minimum level of service applies to all agencies providing fire-rescue services
in Palm Beach County. A nine-member "Fire-Rescue Level of Service Committee," appointed
by the Board of County Commissioners, in cooperation with municipalities, will serve in an
advisory capacity to assist in the implementation of the standard. This nine-member committee
shall be comprised of:
Seat Term
1 Permanent Chairman
2 I ear initial; 3 ears thereafter
3 2 ear initial; 3 ears thereafter
4 2 ear initial; 3 ears thereafter
5 1 ear initial; 3 ears thereafter
6 ermanent
7 I ear initial' 3 ears thereafter
8 2 ear initial; 3 ears thereafter
9 2 ear initial; 3 ears thereafter
It is the intent of this committee to be advisory in nature to assist with the implementation of the
minimum Level of Service standard RB well as te eataèlish R tiæelÙle ancl werl. pllll1 fer the
àevels)3æeøt ef a eeB1Hi9B àispatea system ia Palm Beaeà Ceanty tHat eeulà pfE)9¡ide slesest Wlit
reS 8ase 8l1J!aèility. The Committee will serve as a technical reviewing body on all fire-rescue
providers' plans to comply with the proposed Level of Service standard and advise the Board of
County Commissioners on a quarterly basis on the progress toward compliance.
Each provider will have three years to voluntarily comply with the LOS standard. If at the eaå
ef tkat pened, all Bflmieipalities Bfe Bet ia 8eæplianee, the Beafà sf CSHIlty Cemntissisß8fS l'¡ilI
revisit the isslie. All municipalities and County government will have until July 1, 2004 in order
to adopt a resolution indicating their willingness to voluntarily comply with the proposed Level
of Service within 3 vears of the Dassage of the resolution.
tJe~,"¡.jtàstanåiRg tlte tMee year "/ehmtary ifRplemeBtaftea pæeess àessfihed ræeve, all j3æ"liå8fS
shall eemply '::ith *8 Level efSefViee Såiaærš, Bet later than 08t888£ 1, 2QQ7.
Functions of the Fire-Rescue Level of Service Committee are:
- review and approve a model resolution to be approved by County government and all
municipalities to voluntarily comply with the proposed LOS standard;
- advocate the adoption/implementation of the proposed minimum LOS;
- assist providers in developing action plans to meet the minimum LOS;
- review initial reports submitted by all agencies;
- review action plans of those not in compliance and prepare quarterly progress reports to
the Board of County Commissioners;
LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 1
. .
. ,
- review partnering arrangements to determine if they meet standards;
- review compliance reports;
- provide feedback reports, with specific recommendations to non-complying providers.
- serve as a central collection point for reviewing updated standards and determining
inclusion into Palm Beach County standards;
Standards: The Committee will have no ongoing responsibility for standards and laws
established by local, state and federal governments. . The standards and laws included in
this document are for reference purposes only. However, at the time an agency submits
its compliance report, it shall attest to its overall compliance with all local state and
federal regulations. Üß Oeteher I, 2997, '¡lhate'ler eàitieft ehefeFefteeà 9teBàafès that
Me ia agest \·:ill he tJie easelia6 stanšen!. ..A.msadæsms te ~. FeæFeflSeŠ stanåafà \'"/iU
Be fe-¡ie·¡,,~eà BY tlte Cammittee ·:'."'¡Ÿiia €i æSBtfts ef their aàeptisB te åeteFmiR0 ·.'"/liether
they shelilà he ifteefl!efllteà ime Palm BeBeh Cellftty 8toodafds. Whenever reviewing
amended standards for possible adoption, the Committee shall provide a sixty-day public
comment period, followed by a public hearing, and theft aèeptÎeft ef sliea steBàafà obtain
the consent of each city before includinl! the standard as Dart of the LOS reauirements.
Consultant: The Committee has the authority to recommend to the Board of County
Commissioners to contract with a Fire and EMS expert to assist in the initial review of
compliance reports and implementation plans. Said consultant would provide
professional expertise to those agencies required to develop and implement a compliance
plan, if requested by that agency.
Listed below are the specific criteria established as a minimum to be a provider of fIre-rescue
service in Palm Beach County. The followinl! criteria are subiect to budl!et and aDDroDriations.
subiect to beinl! able to recruit sufficient Dersonnel and to the extent reauired bv law. subiect to
barl!aininl! Dursuant to F.S. ChaDter 447 and pertinent collective barl!aininl! al!Feements:
I. STAFFING
A. Daily staffing should be no less than II personnel:
I. 2 engines/quints (staffed with 3 each)
2. 2 ALS transport units (staffed with 2 each - FS, Chapter 401.25(7b), 2002
compliant)
3. I officer (Incident Commander)
(a) Minimum staffing may be accomplished through partnering with
another provider, through interlocal agreement, as long as all partners are under a
single dispatch/communications system, or separate, fully-integrated dispatch
centers with common communications capabilities, which includes closest unit
response between the partnering agencies, operate on the scene utilizing the same
Standard Operating Guidelines, and utilize the Incident Management System, as
adopted by the Palm Beach County Fire Chiefs Association.
(b) Alternative deployment strategies for personnel and equipment
submitted as equivalencies to this standard must be reviewed and considered for
approval by the Committee.
LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 2
·
B. Each provider will employ or contract with a State Certified Fire Inspector, as
outlined in FS, Chapter 633.081,2002
references: Florida Statutes, Chapter 401.25(7b), 2002
Florida Statutes, Chapter 633.081, 2002
Incident Management System, as adopted by PBC Fire Chiefs Assn
II. APP ARA TUSÆQUIPMENT
A. All fire engines/quints, as a minimum, shall be Class A pumpers, and shall meet
NFPA Standard 1901, 1999 edition, plus
1. carry adequate adaptors to provide continuous fire flow to neighboring
jurisdictions
2. carry or have available at the emergency scene hydraulic equipment
capable of releasing entrapped victims.
B. All ALS transport units shall meet State Licensing requirements
1. transport capable (meeting FS 401)
2. equipment to meet FS 401 for ALS transport (Admin Code 64E2, revised
November, 2002)
III. TRAINING/CERTIFICATION OF PERSONNEL
A. Basic (FF II, EMT) [Note: Strategies to certify FF I's to FF II level and non-
EMT's to EMT level should be included in an Agency's compliance plan.]
B. Paramedic
C. Hazardous Materials (Operational Level)
D. Supervisors - Incident Command Training (per IMS adopted by PBC Fire Chiefs)
E. State Certified Municipal Fire Inspector Certification (for at least 1 employee or
outside contractor)' - . . ...
F. Emergency Medical Dispatch Training (for dispatchers), Utilizing certification
available through; A.P.C.O., Medical Priorities, or Powerphone.
references: EMS Ordinance #01-25
Regional Haz Mat Ordinance #01-27
Incident Management System, as adopted by Palm Beach County Fire
Chiefs Association
29 CFR 1910, July, 2001 edition
IV. COMMUNICATIONS
A. CAD systems that produce standardized data (implementation to be in accordance
with Section V)
B. Synchronization of clocks
C. Emergency Medical Dispatch and pre-arrival instructions
D. Policies & Procedures to capture response time elements
E. Records Management System, standard reports
F. interoperability with other systems in the COWlty (at a minimum each operational
Wlit shall have access to the COWlty- Wide, 800 MHz mutual aid talk groups)
references: Incident Management System, as adopted by Palm Beach County Fire
Chiefs Association
LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 3
..
-,
NFPA 1221, 1999 edition
V. RESPONSE TIMElPERFORMANCE
A. unifonn response time elements will be alann handling, turnout time and travel
time, for all responding emergency units
B. all providers shall respond to all emergency fire and medical calls in an average of
8 minutes total response time
C. by March 1, 2007, the Committee shall identify exclusions of call groups for
response time reporting (i.e., Code 1 responses and mutual aid responses)
D. hy Oeteher 1, 2007, sash pfe~liàer ';1411 àø?¡e a C.:\D system that eafJtæ'es all
estahlislieEl time eleæ8Bts, as iàeBtifisEl aaà aàsf)teà 1:Iy tlte CeRUHittee
B- ay Oeteae£ 1, 2008, eReB JlFeviEier will r6f!eft &11 esteblisàed time elemeBts to the
Cemmiäee aft 8 quartedy hasis
F. hy Oet8Ber 1, 2900, tke C9ft1Bli.ttee v.~ill esæelisl! a FesfJ8Bse time staø£lard -.\4iielt
·.y:ill eeeeæe part ef tlie eeæplianee fefltiiFeHieats
references: EMS Ordinance #01-25 and Rules & Regulations
Haz Mat Ordinance #01-27
VI. INCIDENT MANAGEMENT
All agencies shall adopt and utilize the Palm Beach County Fire Chiefs Association
Incident Management System, with appendices.
references: 1ncident Management System, as adopted by the Palm Beach County
Fire Chieft Association
Chapter 633, Florida Statutes, 2002
Florida Administrative Code 4A-62, revised November, 2001
29 CFR 1910.134, July 2001 edition
NFPA 1500, 1997 edition
NFPA 1710, 2001 edition
LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 4
_________n__
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ð1'1
SUBJECT: AGENDA ITEM # C\\-.\ - REGULAR MEETING OF TUNE 8, 2004
SETTLEMENT AGREEMENT/CIGNA
DATE: JUNE 4, 2004
This is before City Commission to consider approval of a settlement agreement between the City and CIGNA
which stipulates a payment of $143,554.00 to the City to close out our fully insured health plans ending February 28,
2003.
The settlement agreement represents $143,554.00 that will be returned to the City by CIGNA for the period March
1, 2001 through February 28, 2003 as full settlement of all claims and issues for our fully insured health plan for
those plan years. The primary issue was that of ronout reserves. Runout reserves are funds set aside for ronout
claims, which are insured claims that were incurred while the policy was in effect, but the claims were actually
presented for payment and/or paid subsequent to the termination of the policy. Since the City terminated the fully
insured contract February 28, 2003, any claims paid subsequent to that date that were relative to the fully insured
contract were considered runout claims.
The City of Delray Beach was fully insured with CIGNA for the plan years 2001-02 and 2002-03. These contracts
were termed "participating contracts" in that if CIGNA made a profit the City would receive a refund. If CIGNA
experienced a loss, the loss would be carried over to the following year. If we left CIGNA and they experienced a
loss, we would not have to pay the loss. The profit or loss was calculated by taking total premiwns paid by the City
less claims costs, ronout reserve costs, stop loss (pooled) insurance costs, and other expenses.
CIGNA's original position was that the reserve payments by the City were premiwns and, since they experienced an
overall net loss for the period, and the contract was terminated, the City should have no further claims to any
refunds.
CIGNA charged the City $783,670.00 in Claims Runout Reserves which was to be used to pay claims with the
insured contract, but were actually paid after termination of the contract. The actual paid runout claims from
March, 2003 through February, 2004 totaled $482,627.00. Therefore, there was a balance of $301,043.00 in the
runout reserve account. CIGNA, by law, is required to maintain a reserve for two (2) years following the end of the
contract (February, 2005).
The City challenged this position and offered to pay the cumulative $109,226.00 loss incurred by CIGNA, if they
would consider actual runout claims activity which would have resulted in a net refund to the city of $172,635.00
($191,817.00 less 10% ''Risk Charge" of $19,182.00 for the payment of any remaining claims until February, 2005).
CIGNA accepted the City position except that the 10% ''Risk Charge" should be 10% of the total runout claims
paid in the ftrst year and not 10% of the balance in the runout account. Therefore, they agreed to a refund of
$143.554.00 to the City.
Recommend approval of a settlement agreement between the City and CIGNA which stipulates a payment of
$143,554.00 to the City to close out our fully insured health plans ending February 28, 2003.
S:\City Clerk\agenda memos\CIGNA Settlement Agrccment.06.08.04
-
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. Saffor&nance Director
Date: May 24, 2004
Subject: City Commission Approval of CIGNA Settlement Agreement
We would request that the attached CIGNA Settlement Agreement be placed on the City
Commission agenda for June 8, 2004 for approval. This Settlement Agreement
represents $143,554 that will be returned to the City by CIGNA for the period March I,
2001 through February 28, 2003 as full settlement of all claims and issues for our fully-
insured health plan for those plan years. The primary issue was that of runout reserves.
Runout reserves are funds set aside for runout claims, which are insured claims that were
incurred while the policy was in effect, but the claims were actually presented for
payment and/or paid subsequent to the tennination of the policy. Since the City
tenninated the fully-insured contract February 28, 2003, any claims paid subsequent to
that date that were relative to the fully-insured contract were considered runout claims.
The City of Delray Beach was fully insured with CIGNA for the plan years 2001-02 and
2002-03. These contracts were tenned "participating contracts" in that ifCIGNA made a
profit the City would receive a refund. If CIGNA experienced a loss, the loss would be
carried over to the following year. If we left CIGNA and they experienced a loss, we
would not have to pay the loss. The profit or loss was calculated by taking total
premiums paid by the City less claims costs, runout reserve costs, stop loss (pooled)
insurance costs, and other expenses.
Fiscal Year 2001-(12
For fiscal year 2001-02, we experienced the following results:
Total premiums paid bv City $3,498,159
Less:
Paid Claims $2,601,171
Pooled Expenses 184,895
Claims Runout Reserve 622,891
Premium Taxes 57,982
Claims Handlin!!. 18,718
Administrative 194,887
Other -4,916
Total Expenses $3,675,628
Net Profit or Loss ($177,469)
--------------
Fiscal Year 2002-03
For fiscal year 2002-03, we experienced the following results:
Total premiums uaid by City $4,021,663
Less:
Paid Claims $3,281,964
Pooled EXDenses 162,299
Claims Runout Reserve 160,779
Premium Taxes 67,539
Claims Handlin !, 16,851
Administrative 264,478
Other -490
Total Expenses $3,953,420
Net Profit or Loss $68,243
CIGNA Orilrlnal Position (November. 2003)
The combination of the first year loss of $177,469 and the second year profit of $68,243
resulted in a net loss of $109,226. CIGNA oriøinallv represented that the reserve
pavments bv the City were premiums and. since they experienced an overall net loss
for the period. and the contract was terminated. the City should have no further
elaims to any refunds.
Runout Reserves
You will note that CIGNA charged the City $783,670 in Claims Runout Reserves
($622,891 and $160,779 for FY2001-FY2003). Again, this reserve was to pay claims
associated with the insured contract but that were actually paid after tennination of the
contract. The actual paid runout claims from March, 2003 tbro February, 2004 (one full
year ofrunout activity) were $482,627. Therefore there was a balance of $301,043 in the
runout reserve account. CIGNA, by law, is required to maintain a reserve for 2 years
following the end of the contract (February, 2005).
City Orildnal Position (November. 2003)
We challenged the CIGNA position that the runout reserves were considered premiums
and took the position that the actual runout claims should be considered costs and
therefore part of the calculation of profit and loss. In other words, CIGNA costs for
Claims Runout Reserves should be adjusted to the value of actual runout claims. This
had never been a DOlicy of CIGNA in the past.
The City offered to pay for the cumulative $109,226 loss incurred by CIGNA if they
would also consider actual runout claims activity. This would have resulted in a
$191,817 refund to the City. If the City allowed CIGNA an additional 10% "Risk
Charge" ($19,182 for the payment of any remaining claims until February, 2005), the net
refund would be $172,635.
CIGNA Revised Position (Mav. 2004)
CIGNA accepted the City position except that the 10"10 "Risk Charge" should be 10% of
the total runout claims paid in the first year and not 10% of the balance in the runout
account. This would mean that they agreed to refund $143,554 to the City.
We would recommend that the City Commission approve the $143,554 refund to the City
as the final settlement of the fully insured health plan that was terminated February, 2003.
The attached CIGNA Fully Insured Plan Settlement worksheet presents the calculation of
the final approved settlement.
Encl: CIGNA Settlement Letter Dated May 24, 2004
CIGNA Fully Insured Plan Settlement Worksheet
Cc: Frank Babin, Risk Manager
May 24, 2004
Mr. Frank Babin
Risk Manager
City of Del ray Besch
JOON.W. J"Avenue
DeJray Beach, Florida 33444
RE: GROUP INSURANCE ACCOUNT #3 J J 1336, 2461502
Dear Frank:
The purpose of this letter is to confmn the tenns of our agreement with respect to the funding of
benefits for "runout" claims, being those insured claims which were incurred while your policy was in
effect, but which claims are presented for payment subsequent to the tennination of the policy.
While your policy was in effect, Connecticut General established and maintained a detennination of
the amount of its liability for such runout claims. Upon tennination of your experience-rated policy
we, as part of the settlement of your account, detennined in accordance with sound actuarial and
underwriting principles, the amount of runout claims and identified a "runout reserve" amount in
anticipation of those claims.
We have reconciled the runout reserve by deducting the amount of runout claim benefits paid during
the period March J, 2003 - March J, 2004 from the runout reserve. Connecticut General has agreed to
pay to you any balance, less any account deficit existing at tennination. In addition, J 0% of the fully
insured runout of paid claims during the period March J, 2003 - March J, 2004 will be retained as a
risk charge against the emergence of subsequent claim liabilities.
Pursuant to this reconciliation, we have agreed to refund to you the amount 0[$143,554 as full in fmal
reconciliation of the reserves under your policy.
Please sign and return the enclosed copy of this letter as acknowledgment of and acquiescence to the
tenns and conditions of this agreement.
Sincerely,
Richard S. Kaufman
Senior Account Manager
Accepted by:
(Name and Title)
For: CITY OF DELRA Y BEACH This day of ,
Clana FullY Insured Plan Settlement
Clana Settlement Calculations 2001-02 2002-03
Revenues
Experience Based Premiums 3,313,264 3,859,364
Pooled Premiums 184,895 162,299
3,498,159 4,021,663
Exaen...
Paid Clsims 2,601,171 3,281,964
Pooled Expenses 184,895 162,299
Clsims R8S8fV8S 622,891 160,779
Other Expenses
Premium Taxes 57,982 67,539
Claims Handling 18,718 16,851
Administrative 194,887 264,478
Direct Intsrest Charge (4,916) (490)
3,675,628 3,953,420
Surplus or (DefIcIt) (177,469) 68,243 (108,228) (AI
Paid Loeo Rallo (Paid CIaiIT18iBlIIed Premium) 78.50'lIo 85.04%
Incurred Los8 Rallo (Paid Claims + R""""",,,,-,UIed Pnmiums) 97.30% 89.20%
Clana Runout Reserve Balances
Runout Rsserves 622,891 160,779 783,670
Runout Claims (March 2003 - Febru8IY 2004) (482,627)
Surplus or (DeIIcII) fIom Runout Ae n~ 301,043 (8)
Clana Final Settlement IPlOIIOS8n
(A) Operating SurpiuslDelicit (177,469) 68,243 (109,226)
(B) Runout Surplus/Deficit 301,043
(C) Risk Charge 10% (10% x $482,627 in runout claims) (48,263)
Amount Owed to City of DeIray Beach 143,55t
AGENDA ITEM NUMBER: -.3-\\
AGENDA REQUEST
Date: May 25, 2004
Request to be placed on: June 8. 2004
X Consent Agenda Special Agenda Workshop Agenda
When:
Description of agenda item: Commission approval of settlement agreement between City
And Cigna. This agreement stipulates a payment of $143,554 to the City to close out our fully
insured health plans ending February 28, 2003. Staff recommends approval.
ORDINANCE/RESOLUTION REQUiRED: YES NO X
Draft of Resolution Attached: YES NO X
Recommendation: Approve settlement agreement for $143,554 per attached correspondence.
Department Head Signature: ~~
-J.
Joseph M. Safford "'-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicabie):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes N/A No
Funding alternatives (if applicable): N/A
Account Number: N/A
Account Description: N/A
Account Balance: N/A
City Manager Review:
Approved for Agenda: B Æ4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1'1
SUBJECT: AGENDA ITEM # ~:r:._ REGULAR MEETING OF TUNE 8. 2004
APPOINTMENTS TO THE CIVIL SERVICE BOARD
DATE: JUNE 4, 2004
The terms for Leonard Friedman, Morris Weintraub, and Murray Gold will expire July 1, 2004.
Regular members Mr. Friedman and Mr. Weintraub have fulfilled one full term are eligible and
would like to be considered for reappointment. Alternate member Mr. Gold has fulfilled two full
terms and is not eligible for reappointment. The term for all three appointments is for a two year
term ending July 1, 2006.
According to the Civil Service Act, there are to be five (5) regular members on the Civil Service
Board; three (3) of which are to be of different vocations or vocational backgrounds, not
employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members. In addition, there are two
(2) alternate members. The appointee need not be a resident, property owner or business owner
within the City.
The following persons have submitted applications for consideration:
Kristin Christensen
Leonard Friedman (incumbent)
Morris Weintraub (incumbent)
A check to confirm that all are registered voters was completed. All are registered. A check for
code violations and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5),
Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2).
Recommend appointments of two (2) regular members and one (1) alternate member to the Civil
Service Board for a two year term ending July 1, 2006.
'" /·7 ..-r"
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DElRAY BEACH . _
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;'¡Pmerill·can CITY OF DELRA Y BEACH
~'® BOARD MEMBER APPLICATION
1993
2001
Please riot the followin information:
1. Last Name: /'h . Name M. L rJ
~ n5~ .~ K
2. Home Address: . +J. . f City State Zip Code
-.:¡.- Nf: (p/ 5c. De-fro H 331'11
3. Legal Residence: City State Zip Code
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4. Principal Business Address: City State Zip Code
11-:> II bvv~ (1 ec<-y (..0+-1 c<- a .,. )
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
j(..f)3~() I" 172-) . f¿R-chy""fen5en 6L
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6. Are you a registered voterO V1.- Tf so, where are you registeredO Qcjr<>-<-¡ if c~
7. What Board(s) are you interested in serving? Please list in order of preference: C· / ? d
I V, ê:rV, [5oêJv
Rh/,'c.- Ern. pi e.e- k/;'¡-h~
8. List aU City Boards on whicch you are currently serving or have previously served: (please include dates)
9. Educational qualifications:
?-.,
10. List any related professional certifications and licenses which you hold:
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11. Give your present, or most recent employer, and position: _ .1
, OC·[:;;J .
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12. Describe experiences, skills or knowledge which qualify yo~ to serve on this board: (please attach a brief resume)
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Nore: This application will remain on file in rhe City Clerk's Office fOr,ibijg.R riod of 2 years from the date it was
submitted. It will be the applicant's responsibilit/T-I:lã,~ lWtWrent application is on [ùe.
S\CITYCLERK\80ARD\Af'f'UCA TION
MAR 1 7 2004
CITV CL~I1K
Kristin (King) Christensen
17 Northeast Sixth Street; Delray Beach, Florida 33444
(952) 221-2580 (mobile); (561) 330-6422 (home)
KRChristensen@bellsouth.net
Professional Experience
07/99 -08/03 Marchese and Associates Delray Beach, FL; Mpls, MN
Vice President
Achievements:
· Awarded National Sales Leader 2002
· National sales leader first and second quarter 2003
· Raised 75% more revenue in '02 tho.n closest ranking competitor within the company.
· Increased commission revenue by 30% from '01 to '02 in perhaps the most difficult
marlœt in the histonj of the financial services industnj-
· Developed loyal client base where 100% of clients produced repeating business.
· Established relationship and negotiated exclusive recruiting arrangement with a
growing division of the nation's largest financial services company (Citigroup.)
· Negotiated highest commissions paid to the firm for placement of a financial services
wholesale representative in 2002.
· Instrumental in building a sales team recognized as best in class by a national ranking
agenctj-
· Consistently recognized by clients as honest, loyal and prioritizing client best interests.
Responsibilities:
Developing client base. Accomplished through cold caUing, referrals, networking and
face to face meetings with prospective clients.
Contract negotiations. Accomplished by demonstrating to new clients the value of
recruiting services and structuring mutuaUy beneficial fee agreements.
Recruiting. Accomplished by selling candidates on the job opportunity by consultative
yet persuasive approach.
Travel. Maintained consistent face to face contact with existing and potential clients via
routine office visits, extensive dinner and lunch meetings and regular industry
conference attendance.
Managing business within a business. Worked in a highly autonomous 100%
commission structure successfully budgeting resources for continued growth.
06/96 - 07/99 Legends Cafe and Bar Minneapolis, MN
Manager ('97 - '99) Bartender ('96-'97) Waitperson ('96-'97)
Achievements:
. Business revenue grew year over year.
. Sales increased by over 200% during my years as manager.
Education
09/95 - 01/97 Luther Seminary St. Paul, MN
Presidential scholarship
09/91 - 05/95 Hamline University St. Paul, MN
B.A, English. Magna Cum Laude. Elected Phi Beta Kappa, junior year.
DELRAY BEACH
. L 0 . . 0 ~
*****
All-America City CITY OF DELRA Y BEACH
~, III!
BOARD MEMBER APPLICATION
1993
2001
Please tvPe or print the followin~ information:
1. Last Name: XZ!2.. l - Ò \ N~c;, M~
~ t, f1Ao\... . t:6¡V,4,(>.1)
2. Home Address: Ci State Zip Code
ì /6<;' L d4íALtJ.vA, C ( R- c. L¿; 3df,),,\ ¡ße.z;¡d, ¡::::L 33'f'f.-t
3. Legal Residence: City State Zip Code
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4. Principal Business Address: City State Zip Code
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5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
S-~(~'t<¡). s··::'9 '1 ......-- L.R VL 716"; c2 '1J. be
6. Are you a registered voter? Ye5 If so, where are you registered?
7. What Board(s) are YOGterested in serving? Please list in order of preference:
I Jl t S"<2......1'u(,¿e ,f}¿>4~c¿
8. List all City Boards on which y~u are currently serving or have previously served: (please include dates)
C, J, \ Se.J' U' (C e
9. Educational qualifications: 8·5,',
Kc..<t".(e~ ¡'0S Co i( e~<2.
1U'(1..t ~ Sdo> ( ~f. jJ~I.{IC ¡/J..<{.C4 ¡<4 t~TI"¿¡;+t <--.
10. List any related professional certifications and licenses which you hold:
11. Give y}ut present, or most recent ¡\kployer, and position:
e. \' oI'<..d c....u ''1~~I¿ C, t-, /J.-l\id-(,. f.b>o7t~/Cð^.ð.
S" ¡?('.J'../ (5.r !-i6fLJ,f. I Cd "'''- -\o¡oeSi¡<;4;-tö,.--,
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
con~in this application may cause forfeiture upon my part of any appointment I may receive.
.A--...Ý J f ~< j---' ---- (Z: - Q 1
SIGNATURE RECê1~ED
Note: This application will remain on file in the City Clerk's Office for ~m~ of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensMA\hat c t application is on fIle.
S\cITYCLERK\BOARD\APPUCA TION
CITY CLERK
Leonard J Friedman
Brief Resume
Legislature Director for a NYC Public Employee Union
A member of collective bargaining-contract negotiating teams
Supervisor ofPnblic Employees
Member of Labor Management Board and Productivity Board of a major public hospital
Internship with National Civil Service League
Associated with other organizations and committees related to public employees and civil
service
,
e5/17l~ee4 1~:15 1561731165'3 MORRIS .JEIIITRAUB PAGE ~
OH~Y BEACH (ßjJ./\e
. , .. . . II . !F-/7-Ú{p
*****
AlI-Arnerfça City CITY OF DELRA Y BEACH
, , II ~<:
BOARD MEMBER APPLICATION
1993
2 (H)"l
Please e ()r Hint the following Ìnfornlauon:
1. Last Nault:: Nam.è_ M_l.
__._.___Jdç..L~ /- , /
2. Hornê Addxê_S-S: ø/Z", - _lJ.--~tT City
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.~. Legal Residence, City
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4_ PJio.dpal. BUi$.iness .Add..rè:55: City Sta.te
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J1·I~;-r.
6. Aze Yf)'l'\ a lc-g15teJ:€d votex? If so, "llhetç ate. you registered?
_ V f.5 _ ð.o4'/Vff>AL' /3-, M
7_ \Xlhat Boardfs) ¡\t€ you int¿.(€:$ced"in ;5ç(Ving? Ple~.$e list in Qrder of pI:eferc;:occ;::, ~ -s.'€k..VI c".3'")
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'J Educa.tional qúa.lific-ation;o;: / /
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1 0_ T~.ist any rela(ed pr()fesslon,al cerrificatì.c1Os and licensès '\vhich YQU bold:
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11. Give. )~resenl:, or most r';-';~nt employer, :Lod position, ~ -.--. -J _ - .-
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12. [kscrIbe ~""'(per,1ences, skills or knowlë:dg~ '\ l1.1ch q\J_;).lity you to $¿JVç: on dW3 board: (Plc::.a.se 'Hrac.h ~ brief r.¿SuIne.,
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I h..::œby- c~.rli[y Ih¡tt ...I.l the a.bove- stare.n1enT::; ate tl1Jè-., ancfÌ agree and ltudltl"stancCtl}3( any nÜ~stat~.ment of ma.r~Ó-al fact::.
contained in dùs appli,c<f.tion may cause:: fo.rfeìtnr~ upon .m.y p<lct of :any :a.pp(,ifltrnf;~:r: IttlJv .receive:.
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SIGNATI'RE DAŒ/ / -
_Note: T~' ;èplication "\.-¡rillJ:em.ain on file, i;;"t.he City Cle.rk~s ()ffice for a period of:2 ye-ars from dle '"date it '"vas
subrnicced. It wiU be the -applicant's respoo.sibility to ~~~ef\1'e@: application i:s on file,.
S\ÇITY'~E,"'K\B-O.'RtJ',"'N'tJ<:'" T J(orJ
MAY 1 7 2004
_ ._.., ,...., r:::oll
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt1I1
SUBJECT: AGENDA ITEM # q~ - REGULAR MEETING OF JUNE 8. 2004
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: JUNE 4, 2004
The tenn for Brenda Montague will expire July 1, 2004. Ms. Montague has fulfilled one full tenn is
eligible and would like to be considered for reappointment. The tenn is for four years ending July 1,
2008.
Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or
she resides in or is engaged in business (which means owning a business, practicing a profession or
performing a service for compensation, or serving as an officer or director of a corporation or other
business entity) within the area of the agency which is coterminous with the municipality and is
otherwise eligible for such appointment. The City Attorney has determined that anyone who resides
within the City limits is eligible for appointment. A person cannot hold any other public office other
than his/her commissionership or office with respect to the Community Redevelopment Agency.
The following have submitted applications and would like to be considered for appointment:
SEE EXHIBIT "A"
Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted.
None were found. Voter's registration verification was completed and all are registered.
Based on the rotation system, the appointment would be made by Commissioner Archer (Seat #2).
Recommend appointment of one (1) member to the Community Redevelopment Agency for a tenn
ending July 1, 2008.
EXHIBIT "A"
Community Redevelopment Agency
Reginald Cox Planner (currendy serving on the Board of Construction Appeals)
Robert Currie Architect
Joseph Ferrer Business
Jennifer Ferreri Financial Analyst
Bruce Gimmy Retail
James Houck Property Manager (also applying for Downtown Development Authority)
Jack Licht Organization Manager (also applying for Downtown Development
Authority)
Francis Marincola Restaurateur (also applying for Downtown Development Authority)
Richard McGloin Electrical Engineer/business owner (currendy serving on the Downtown
Development Authority)
Brenda Montague Realtor (incumbent)
Christina Morrison Realtor (also applying for Downtown Development Authority)
James O'Brien Property Mangement (also applying for the Downtown Development
Authority)
Angela Randolph Construction (currendy serving on the Delray Beach Housing Authority)
Jerome Sanzone Building Official
Dinah Stephenson Real Estate Attorney (currendy serving on Public Employee Relations
Commission)
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. 'fUr CITY Of ÐELRAV BeACH
80ARD fJlEM8eø APPLICATION
1993
2001
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."bmimd. It w.íll be tbupp1k:mrU'up011.dhi1i\y /U " . I, on IBm mt!.
~
MAR ~ 2 2004 3:!j 1m
CITY CLERK
---....-.. . ". __"___~'~m~"."n"o_.nr' _, _u____rT_r'__"__.w·,___·_.""...';,"'"..,..."."~""'.""._~"a'_.',".._ ,', ^..
REGINALD A. COX
407 East Coral Trace Circle
Dekay Beach FL 33445
(561-266-5748)
Objective: To obtain a position in a construction or related organization focusing on architectural,
construction, business or related management or instruction.
The environment should encourage professional development and
offer career advancement opportunities.
IDGHLIGHTS OF QUALIFICATIONS
· 12 years diversified experience in Architecture, Civil Engineering, Construction Managemen~ and
Surveying/Mapping. (6 years architectural specific.)
· Ability to prioritize, delegate, and motivate.
· Quick learner; thrive in a dynamic, challenging environment.
· Work cooperatively with a wide range of clients.
RELEVANT EXPERIENCE & ACCOMPLISHMENTS
Construction Documentation
· Associate Degree Drafting and Design Technology, Palm Beach Community College, 1990
· Recognize and understand drawings/symbols from architectural and engineering drawings.
· Oversaw, updated. and maintained civil engineering systems drawings for the City of Dekay Beach
Environmental Services Depanment for four years.
· Successfully completed architectural construction documents for educational, office, residential,
commercial, and retrofit projects over the last nine years.
· Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning
boundaries. Conservation and Recreation lands Program (CARL), FJorida Dept. of Env. Protection
· Production Team member for several commercial, office, and educational facilities in Central Horida.
· Performed construction documentation review for compliance with municipal, state, and national
building codes.
· Perform structural building inspections for residential and commercial facilities.
· Perform shop drawing review for multiple educational, mercantile, and business facilities.
Admlnistration/Management
· Responsible for training and overseeing drafting technicians in the production of working drawings for
multiple commercial projects. Sverdrup CRSS, 1998-2000
· Successfully managed various architectural projects, with budgets over $1,000,000 from preliminary
design through construction documentation.
· Responsible for reducing construction document phase by 50% on 45,000 SF mercantile projects.
· Monitored and reported cost information to area engineers and architects for cost control data and
collected information for specific discipline. Bechtel, 1992
· Administered subcontract procedures, as applied to lower-tier subcontractors, Bechtel 1993
· Produced spreadsheets as required for submittal, inspections, and hoisting and rigging as pertaining to
subcontracts under the U.S. Depanment of Energy prime contract. Bechtel 1993
· Oversaw and directed FAMU-NOMA administrative functions for three years. (1993-1996)
. Developed division of responsibilities and standing committees
. Developed and supervised organizational budget.
· Organized key personnel towards establishing a FJorida chapter of the National Organization of
Minority Architects (NOMA). (May 1999)
Computer Skills
· Responsible for updating computer hardware and software, working as office liaison for computer
problems. Office of Environmental Services, State of Horida
· Over eight years diversified experience using AutoCad (Release 9-14)
· Completed course in Advanced PC Troubleshooting. (June 1996 Essential Seminars)
· Competent user of a variety of software which include MicroStation. Microsoft Word, Excel, Outlook,
CorelDraw, WordPerfect 7.0, Arc View, Novell GroupWise, AS400, and Auto Architect.
-.. ~
Page two
REGINALD A. COX
WORK HISTORY
Nov'OI - Project Coordinator Panning/Howey Associates, West Palm Beach
Oct '00 - Nov'OI Plans Examiner II City of DeIray Beach, Delray, FL
Aug '98- Oct '00 Project Architect Sverdrup CRSS, Orlando (Jacobs Eng. Group)
Nov '97- Aug '98 Project Architect Stottler Stagg & Associates, Orlando
May'97-Nov'97 Intern Architect Hunton Brady Pryor Maso Architects, P.A., Orlando
Sep '96-Peb '97 Architectura1 Drafting Goodwin-Goodwin and Associates, Tallahassee
Dec '95-May '97 Engineering Tecbnician ill State of Horida-Office of Environmental Services
Aug '93-Dec '95 AutoCad Operator State of Horida-Bureau of Survey and Mapping
May '93-Aug '93 Subcontract Tecbnical Rep. Bechtel Ccnstruction-Aiken, SC (SRS)
Ian '92-Aug '92 Field Tecbnician Bechtel Ccnstruction-Aiken, SC (SRS)
Iun '86-Dec '91 Draftsperson City of Delray Beach-Environmental Services Dept.
EDUCATION
Master of Business Administration, - UNIVERSITY OF PHOENIX, 2001
Bachelor of Architecture - FLORIDA A&M UNIVERSITY, 1997
Bachelor of Science, Architectural Studies - FLORIDA A&M UNIVERSITY, 1995
Associate of Science, Drafting! Design Technology - P AIM BEACH COMMUNITY COLLEGE, 1990
Associate of Arts, Education - P AIM BEACH COMMUNITY COlLEGE, 1991
REFERENCES
Dr. Richard Dozier, NOMA, AlA - Professor of Architecture, Horida A&M University
Roy F. Knight, AlA - Past President Horida Association of the American Institute of Architects
Roland Udenze, AlA - Past President Orlando AlA
Dr. Greg Brock, Envitonmental Administrator, Division of State Lands FDEP
/ÎÎc.ht!e~f-
\:T-/~-~
DElRAY B>ACH
...
M·--....n CITY OF DELRA Y BEACH
'lilt BOARD MEMBER APPLICATION
191,/:;
20lH
Please tVDe or print the following information:
1. Last Name: Name M.I.
CURRIE ROBERT G.
2. Home Address: City State Zip Code
72 S. OCEAN BLVD., #4 DELRA Y BEACH FL 33483
TTegãrRësïiIënce: City State Zip Code
SAME AS ABOVE
4. Principal Business Address: City State Zip Code
134 N. E. 1st Avenue DELRAY BEACH· FL 33444
5. Home Phone: I Busmess Phone. E-Mail Address: I Cell Phone: Fax:
789-6638 276-4951 RGCP@CURRIEARC.COM 789-6638 243-8184
6. Are you a reglstere voter? ÎÍso, wnere are you regIstered'!
YES PALM BEACH COUNTY
7. What Board( s) are you interested in serving? Please list in order of preference:
COMMUNITY REDEVELOPMENT AGENCY
8. List all City Boards on which you are currently service or have previously serviced: Please include dates
SEE ATTACHED RESUME
9. Education Qualifications:
BACHELOR OF ARCHITECTURE - UNIVERSITY OF MINNESOTA
MASTER OF ARCHITECTURE - HARVARD UNIVERSITY
10. List any related professional certifications and licenses which you hold:
REGISTERED ARCHITECT
NATIONAL COUNCIL ARCHITECT REGISTRATION BOARD
11. Give your present, or most recent employer, and position:
CURRIE SOWARDS AGUILA ARCHITECTS - PRESIDENT
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
SEE ATTACHED RESUME
I here y certify that all the above statements are true, and Tagree anò uooerstand that any mIsstatement of matena¡ facts
contai ed in this øplicatjon may cause forfeiture upon my part of any appointment ¡ may receive.
,/- (') . MAY 13, 2004
SIGN TURE DATE
Note. This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
ROBERT G. CURRŒ, AlA
Senior Designer
Robert G. Currie is the founding principal of the architectural
firm CURRIE SOWARDS AGUILA ARCHITECTS located since
its 1969 inception in Delray Beach, Florida. He received a
Master in Architecture from Harvard University, Graduate
School of Design in 1965 and a Bachelor of Architecture
from the University of Minnesota in 1962. Mr. Currie is
certified as an architectural professional by NCARB and has
been registered in the states of Florida. Connecticut, Illinois.
Massachusetts. Maine. New Hampshire, Rhode Island. South
YEARS EXPERIENCE Carolina and Virginia.
· Since 1969
REGISTRATION Over the course of his professional career. Mr. Currie has
· Architect: Cert. planned and designed virtually every project type. including
FL#4964 municipal. public assembly. residential. commercial office.
· NCARB, #11365 hospitality and historical restoration facilities, in both the
EDUCATION United States and abroad. His knowledge of international
· Bachelor of design and construction was developed through projects in
Architecture, 1962
University of Minnesota the Middle East, Australia. Central America, China and the
· Master In Architecture. United Kingdom. In addition. he taught at the University of
1965
Harvard University Sydney (Australia). the University of Miami (Florida) and
Graduate School Florida Atlantic University.
of Design
PROFESSIONAL With almost fifty design awards to his credit, Mr. Currie is the
AFFILIATIONS firm's principal designer and responsible for projects
· American Institute of
Architects through the design development phase. In 1990, he
· Florida Association, received the American Institute of Architects Palm Beach
AlA - State Director Chapter Award of Honor for Design for his contributions to
Palm Beach Chapter
Past fPresldent architectural design. The firm was honored by the Florida
Design Awards Association of AlA as the Firm of the Year 2000. In
Committee
COMMUNity SERVICE / ( November 2002. Mr. Currie received the prestigious Gold
ORGANIZATIONS Medal Award from the Palm Beach Chapter of the AlA in
· Federal ReselYe Bank recognition of his contributions to the architectural
Advisory Board - profession.
Atlanta
· Delray Beach Public
Lib.....)'
Board Member
· I"ineapple Grove Main
Street Board Memberl
Design Chair
· City of Delray Beach
Planning and Zoning
Boa.-d
Past Chair
· City of Delray Beach
Community
Appearance Board Past
Chair
o~/~o/~eo:: 10:::1 561~780555 riB CHAMBER (:OMMERI::E PAI3E O~
j:
P~YY,BEAp~ 3fcJÓ0I3'
~, '''''11.3, CITY OF DELRA '( BEACH 4; 1'\ Eo: t þ
~ BOARD MEMBER APPLICATION .l .. ¡
19~3 .', :1 !
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.
Plea", e or rio, <h. foUmvi in(ormaóon' . . 1
1. LanNam", FE~ ~~R Jf)S Nun<·. !MT~: I .
2. Home Ac!L1. OS" N .. "..} ~;1 City Po . S¡¡.te i Z¡p.(.od. .
1:<' 0 ,.::::. V';' N1"ON 'l:')¡.,'.f rL 33"1 ¥ .
3. Logo.! ResJd""ee, '. CIty S,.« Zip (:00.
~M€ I i J
4. PrincipaJ B¡¡zinoss Addre." ¡ Gty Sate Z;p··qoò< J
.J' A I'VE I ~
5. Horn: P:,or.e: Busine" Pbofle: E-:'>f:ul Address' Cd! Phone: : Fax i
I .
:l7Þ-Rf).f5 S,A-/t1é 5((- 315-28~e> 2.7~- I'!7YO
6. Ate you a registeIed '"Oter? ver If so, where at,.: yo" n:gìstoted? 1'. S. (! . ;-
,. .,
7. ( c-./í'. A. ) _!J
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8. Lis! all Ciry Bo:ard, on ~!,Î.ch yo~ 1~ currently ~rr.ing or r...aye: þæviousi.~' ~c:rvcd: (p.1c~c: ~cludc. d,.tcs) ~ I
9. Ed~caáon.J 1U-llifk1.tÍons; . I
r, - .''-+#.,1#> (//11'/ V¥s>U r'Y
¡¡ /IV(" "
10 Lst any re1ared proft;!sj~na1 c(:rribcaDons lil.nd licenses wìùeh you hold: I
11. Gîve; your present, or most iecent: clnp!oyer, at.Jd poSitiOI1: ,
- N -,-t /IV $£ /1"r ¿; c?t!J {/ I;:
I .
n. D..o:'Ìbe expcri.n«" slWl' or knowledge which q"wfy yo~ to .""'" on ,:hi.> boord: (PJC2Sc urad> . brief "',um<o) I :1
S'E It'' - 1./ (?FS V,¡ff é- i
.
. ,
,
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I hcreby certify that aJ1 the a.ho'\rC: 6tAtetnCIlU are agCJ Uld I a¡nc and \&n.den'·:and ÙUlt 2nY wastatcment of maa:::å.a1 n...~c . ~
conuincd in,.Bù1S 2ppU~ation millY (:a~IC forfeî'f'.;:Jrc 1Jponmy put oCacy ..ppoil:~e:1.t J m1Y re«tVe. ! ~ .~
I šiG.",a. r ~. (J!. - $1 ót~ 10:3 . l I
SIC.. U'RE PAT!' I L-j,
Note: Th, applie.tion will rem",,, on fie in th. City Ced.', Office (0' a pctiod of 2 yeus from the dat< it -~s
.ubmitted. It will be tho applicw'" responsibility to en.un: ths: ,ewren' .pplicarior. ¡. on file. . i .
a"CnYc..D.r:'IaOUDî"'uc....'OOt~ ~
RECEIVED i ¡
MAR 2 0 2003 :
CITY CLERK 1
O.3/~C1/~m:n 11):31 SE.!:'78('1SSS I>B GHAMBEP GOMMEPGE PAI?ìE 03
1
j
i
Joseph E. Ferrer
1420 North Swinton A'''enue i
'--- Delray Beach, FL 33444
(561) 276~O65
OBJECTIVE
Provide administrative leadership for a commer,oial or nonpro~t organìzatioI\'
to strengthen community/public image and fiscal posicion, through priority
planning. ÍDnovative marketing, and the establishment of strong
private/public sector relationships.
QUALIFICATIONS & EXPERIENCE
Twenty six years of results-oriented e"-pèrience. with expertise in the
following at'eas: !
....
Adnùnistrative managell'lent ¡
Financial analysis and budgeting
Business and marketing plan d.evelopment
Capital Project supervì:;ion
Personnel hiring and tra'cning
-- ....
PALM BEACH POPS I FLORIDA SYMPHONIC POPS, INC.
Palm Beach and Boca RatO!l, Florida
1992 to present - President and Chief Executìve' Officer
.. Overall ,business and fiscal administrat,on of a non-profit cultural
penorming artS organization, including an 85-I,jece orchestra. 1Q staff and
33-rnember volunteer Board of Directors. Re fined playing standards of.
musicianship and participated in successful unÍ)n negotiations. Supervised
expansion. restructuring and adoption of new co]·porate by-Iaw9_
w Developed multi-year business plans to address goals offucal stability
al'ld revenue gTowth and negotiated and implemented finalized contracts for
local and natiønal talent within. the guidelina.~ established by regulatory,
agencies governing private, non-profit organÌ2:atiJns.
. Spearheaded master fund-raising structu.re for individual donations.
support groups. private foundation gifts, SInJ,Ù! busine9s and corporate'
contributions. Wrote and presented grant requl'!9t.s for operational funding
totaling over $250,000. annually.
- -
I
03/:C1/:rHJ3 10:31 5&1::780555 r'B GHAMBER GOMMERGE PA'3E 04
,
ZOOLOGICAL SOCIETY OF FLORIDA! MIAMI METROZOO
,- Miami. Florida.
1982 - 1992 - Executive Vice President, Director of Development
w Managed staff of 63 and a 33-member "olunteer board ofdirectors~.
Ensured that the organization operated at peak productivity aDd conducted
its financial affairs in accordance with standard business practices.
.. Fostered the society's e"'pansion from a gr;¡ss revenue base of $200,00Q
in 1982 to more thaJJ. $6 million in 1992. via de"elopment of a master fund:
raising structure for individuals, foundations, co:-porations and endowments.
.. Supervised more than $15 million in capi.tal improvement projects at
MetroZoo, including bid negotiations for construction contracts, on-5Ìt",
maDageulent, and on-going maintenance programs.
.. Engineered membership e"van~iorl from 1.800 to mOl'e than 65,000,
and established the Society as one of the :region's premier non-profit
organizations.
:
BELCHER OIL COMPANY
Miami, Florida
1980 - 1982 Director of Public Rela.tions aDd Government Affa.i.."
'-
.. Developed and ilnplemented multimillion-dollar annual bu.dgets and
marketing plans encompassing public relations, corporate commuDÍcatioIl.9
and advertising.
.. Coordinated all media contact, operating' from terminals cove:r:ing a'
geographic area ranging from Boston, Ma, to cor¡:us Christi. TX.
* Acted as liaison between federal and state legislators regarding,
matters concertù.ng the oil industry. Maintaine'l a positive and productive'
worki.ng relationship with regulatory governing ¡¡gencies.
UNITED WAY
Miami, FL; New York, NY; Washingtqn, DC; Griffith, In
1974 - 1980 Senior: Campaign Manager for' Fundraising I Agency
Development and Budg·;'ting
.. Developed multimillion-dollar campai~ i(\ four major metropolitan
areas, working closely with volunteer boards andch"ic leaders to implement
ambitious employee and c011Jorate fund-raising p~ogyams.
.- ..
-
tJ.;i/":U/":UtJ.;i l.tJ:.;il. ~bl.": f t;t)~J:) 1..'D '...nHIYID~r-~ '..A.JIYIIYI~r::'...~ Ir.':¡t;, 0:)
¡
j
- -' - ,
i j
i I
!
MEMBERSHIPS ;
"- ¡
State of Floridà Cultural Affairs Review Commi1tee I j
Pu.blic Relations Society of America ,
i
Florida Press Association i
Board of Dixector of the Men tal Health Associati)D i
Florida Chamber "TaskForce on Crime" i
Miami Crime CotJ1JIÙssion I
Commission on Race and Religionl Methodist CbUICh [
National Association of Fund Raisers
American Association of Zoos and Aquariums
EDUCATION ~
,
Indiana Unive¡;sity, 1974, MS - Public Affairs ¡
Indiana University, 1972, BA - History
REFERENCES ¡
Available upon request ~
¡
Bilingual - Spanish
,
-
'i
!
1
.....-. - -
¡
¡
IC'"I\I" rr rL" I~L;;¡OI JO' qO;¡;¡ r. UUL
1Jt.'1~. -1 UJ\ll![¡ l<i·Ql OL,'H\.) ...··...1 "r- ! .m_~_ u__ ...--._
06/03/03 TlIE 15: 10 FAX 561 243 ~774 CITY CLERK , ili ' i ¡ , ~
;1 ! ¡I <G-/?-O-./¡I
¡ Ii, H. II
DURAY B'IICH I' I ¡ . I ,'l1a(]C ,\1'-': I
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, III '1 . CITY OF DELRA Y , f' AC I J I
1993 <IÞ BOARD MEMBER AF ,. rCI 10j,:
2001 " i 11 ~ Ii
PleJue_ type or priot the followln£ infommion: ' Ii ¡ '111 , .:
1. Last Name; t::-; n>'> _ Name ().. i II ¡'II M/ 1'1
I ~,IZ-I'<. <A<- .I.- .Y:f11111V i I I fi
2. Home Address: City ", ~f\' Zip Code "
'002. ftNGCA!-fAM Ava-tu!£ Af'í.:1...œlnc.\J ~(cJlc t;fI). 33%3 II
3. Legal Re$idence: City , I' I 5\"\1 Zip Code :
~TlW ~NDfNG. . III!
4. PrindpaJ Business Addn:ss: City:' : 5*M Zip Cod< I
225 N~ Nrz.l'IÐ<... BLIID¡SLArt1:; 501) BOCA /è,.,ti: I' ~4! 33'-132!
5. Home Phon<: Business Phone: E-Mail Addre." 'ao Phone~ ax:!
('oJ/A 5(,,11072 LJ8(,.o I~.b 107j (;81,::: þ! "721 l %,1
6. Ar< you a registered VDrer' ,/, ~ If so, wh<re are J"1>ull~ ~stered, III ' :
1 E-.> Jl I ,I " I
7. W1uu Board(s) are you intereSTcod in st:Mng? Please list" in ord~ of prcfcre:ncl::: jI " ! ~ ~1
I CRA E':¡)l{O..llu,,",
I ' ,
, , ", J
¡Iii ¡J, ,
8., "li:t->1J Cit · Bouds 00 ....h;ch you arc curr=cly oerving or have previou<ly sCf"'*': Tl.... ~ dude d~t.', I
_tJIA II ' I I ,¡ ,
","'/A II ì ii,
I"{ I! i j
9. Educacon¡¡] qu:¡Jjfieauons: !; I : I
BACt-llLOv<.S IN G""E.fU-IN\t.NI Ii I ' 1
Ii Ij ! ~
10. LSt anY reined profess;on;¡J <ertificauons and licen«s which you holdl, ii, ¡ !. Ii :
SI:.ì<.tE-S:JJ 5E'e.IEÇ53, SUl.IU (oJ ,ill i~ ! ¡II
J I. Giv. your present, or most recent cmpJoyc:r. and posicion; "I" il '¡: I
I ;1,
6EAr¿STEA¡:l\js ~c'o-IN(.-ANAL'1S,..1111 i i
12. Describ. c%p<.ci<nces., ricin,. Of kao,,'Iedg< ~h!.h qualify you to 5CrVe 01\ r/ù. .oíf1 (pJeu~! ana<h :i:~ë flr",urne) i
' 'I' I I I ~ ,
" . - . Jill _
illl I j II
; Ii II ' J I I
J hereby cc:n:ify ~t all the: above SCltcments Gr~ tr'IJ.c:, and I agree 2nd undernand fb,f_t fY mÍ3. lr"u:men~F¡r ratctia! fads II
eontal cd in rh.i. applieation may eause forfdrur. upon my pur of any .ppointm r.~!I ay rec' h. ': . :1
. 01;:.. 6VJ 3;, ii' ::
Slsr· TU( r DAT : II' :' " I "
, ,II,,: II,
Note: This applicarion ",-ill remain on £1. in th< City ~·~.Ve:O:'qþ of 2 y~¡..rs ñ~';;¡:i~, ~are if wl, ,
sub~~.d. It ~ be the applicant', responsibiliry~ :~r; ~~~j c t ; ;~;Irt~n j1t~~o~~~uc'~":1
LER'II" I I¡¡I, ' II,
OITY 0 \1".
vv \ ......., .L"f'''f~ UW;'I\. ...111.1."\1\.1'''> I r r 1J.1 ICllI· ,JUl ,JU£ iiO,J,J r. UUJ
Vt.:I·, .,
JENNIFER FERRERI
150 Wcs151" Scree!. Apt, 1918
N~w York, NY 10169
(212J 956-3470
L ftn-eri78@hotmDiLcom
- . -
. . . ' h'
Education
Smith College, Nonhampton, MA, B.A. May 2000
Major: Government: conccntration in Latin American Politics
Minor: International Relations
Lsngusge: Extensive knowledge of Spanish language
Computer Proficiency: DBC Finance: Munex Finance: Bloomberg; MS Word: WordPerfect; Explorer: SPSS;
Excel; PowerPoint
Related Coursework: Statistics. Macroeconontics
Licensing: Series 7, Series 53, Series 63
Experience
Financial Anslyst, Bear, Steams & Co., Public Filwl1ce Department. New York. NY (Jul '02-present)
· p'c:rtòrmed financial anBJysis for mun..icipal issucn;, generating debl service schedules. performing credit Mia-lysis. bond
siring end cash flow analyses. utilizmg both Excel and DBC Finance programs
· R~viewed bond documents fOT issues. as weU as performing fI.naltechnic.a1 analyses at pricings
· Designed PoweTPoim presenuuions and proposals for cüentoc¡, utilizing technical, research and writing skills
· Pa[1Îcipared and assisted in prèsendngfinancial analysis to clients employing public speaking a.nd ability ro explain
detailed fuulDcial plans
· Pafòmled various fcse8cch for financings
Financial Analyst, Raymond James & A-uociates. [l1c.. Public Finance Dept.. Delrav Beach. FL (Jan '01-Jul1 '02)
· Assisted io generating d¢br service schedules, bond sizing and cash flow analyses tor municipal ftnancings, using
Excel and Munex Finance Programs
· Reviewed bond documents for issues and petforrned technical analysc.j for priclngs
· Produc~d Requests for Proposals, usiug both PowerPoil1t and MS Word further developing techrùCBl research and
writing skilJs
· Produced global debt analyses, involving financial r<port analY'es using Munilris and Bloomberg software
· Served as liaison at meetings 10 che: Miaml~Dade. Browsrd and Palm Bea.cb Count)' Housing Fina.nce Auchorilics
· Translated cûnlrdcts., COlTcspondencc and proposals and composed all international COIT~pOrtdeDce emploj'ing Spanish
language ;kil1s
· A.'isisted in rranslation during me~[ing with Spanish speaking clicnts
Intern, Municipality ofCo"doha. Argentil1a (September '00 - Decembe,' '00)
· Worked with tbe Secretariat on Human Rightoc¡, helpins [0 implcm~nt new human rights education program for
elementary school children
· Attended prognlm meetings with elementary schoollèachers and program facilitators
· Worked with the Office on Socia] Investigation and Project EvalUAtion invesIÍga,mg the causes for ciry-wide povcrty
· Transcribed interviews in Spanish and performed various adminis[rativr: duties for office
Research Assistant, Govemmel!l Department, Smith College. Northamptol/. MA (Spril1g :!OOO)
· Conducted independent research for professor on WTO. NAFr A. European COUIt and 1nter~American COW1 on
Human Rights wilh focus on legal mechanisms of courts
· Perfonned data cntry t...1ai with BookEnds Program
Intake and Finance Intern, Americal1 Civil Liberti£!., Ul1iOll. Miami. FL (Summer 1999)
· Answered all wrinen and verbal intake for office, including preparing briefs for review of cases
· Attended and debricfed executive director aOOm conferences concerning police brutality and Driving While Block
National AClU initiatives
· Assisfallt to Finance Dlrector; compiled and organized mass mailings for fundraisins effons
References
FU""Ju·he.d upon r~qJ.les'
. . - ~LRf'XB~Çt! /¿J-ltJ-c;¢
.**** ¡2~:¡
All-America c;
CITY OF DELRAY BEACH
'tllt
BOARD MEMBER APPLICATION
1993
2001
infottnation:
1. M.I. .
2.
3. City St2te Zip Code
4. ~3~a1 ~ddrfft, ð~iiß
S. Home Ph%,eSt1 Business Phone: X ~M~ ~~(}\"
~(73'1 ( 'S6( !27fg "(J ..e~~
6. Arc you a registered voter? Y<e5 If so, where are you registered?
7. What Board(s) arc )'ou intercsted in serving? Please list in order of preference:
L
..t-Z
8. List all ClI}' Boards on which )'ou are currend)' SCI\-ing or have previously served: (please include datès)
~"Qð9é? ~ ~
9. Educarional qualifications:
-e&.cf '.. ø
10. List an)' related professional certifications ànd lieen
"
11. Give your present, or most recent emplo)'cr, and position:
-e\,v"\ W-~
\
12. Describe apcricnccs, skills Or knowle qualify you to 1m" on this board: (plcasc attod> . brief reSume)
te
:: a~' ,,..._..........,.,,.........."" ..~' of",,,,,,...
trousershqp.c:om" ' .. ,(2), ~ (Jh)-
s The~us~,Shop
. .. Fit Specialists - Short & Long Rise ' . ' " .
Note: This applicanoD Tropical- Dress - Casual- Golf lod of 2~I¥@Ðtt was
submitted. It w Easy Care' Since 1962 rent application is on Ï\e.
Free Prompt Alterations 0 C T f"f'2'Ifð'r'A1U>W'ÍtxAtION
Tuxedo Rentals ' !Ç-ð / fYJ
439 E. AUantlc Avenue. Del ray Beach 33483
- 11I:t:."" 0)"70_11:11:<')1: _ "ITV ("I eOL{
DURAY BEACH H(;) fJi/l¡ /J~ r
, . . . . . .. :]-9-(/0
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all-AmerIca c; CITY OF DELRA Y BEACH
'111t BOARD MEMBER APPLICATION
1993
2001
ðU~ Name ----.J ~¡rYl65 M.Lb
2. Home Address:3 '7 0.3 .' L!=>Nq;::w~ 0 State Zi£,. Code
UP-G£ ty~ß FL 5' 9--4- ~
3. Legal Residence: 0 State Zip Code
ty .
'5763. 8, ~~WððO PC ':DE.L.ecYY FL --zT34-4
4. Principal Business Address: Oty State Zip Code
. 5. Home Phone: Business Phone: E-Mail Ad~s: @ Cell Phone: Fax:
7!:tb1- $bb-'2~ .-rpH,<3ue s I
.GÞt:O . UN~. o--t-r=.
6. AIe you a registered voter? \(~S If ~o. where are au te . stered? ¡é. ~ L
iß'~ CJeu. 5' ~
7.· \);'hat Board(s) are you interested in s~ Please list in order of preference: Cðdt}1!2Úf.}
a.( Nos.""'~Ua.. I ð ~ ~ - C60e,a.l i;"....,~~ -
r
..-
9. EdUC3äOnaJq.ualificaäons: .bD \ {j)~~~
C6 a.. E::Lðe. C>~ ~( (
10. Lst any related professional certifica60ns and licenses w!ûch you hold: . E çc\-ÒS ð Ms23
'F0~\Op. ~~G ~.:::9 $Eb So. L¡ .
"f/æ-.( D Ot!!h7fl7UN(r~ SØc...-ID-TÎCJð-1 øl~~L(~ ~
11. Give your present, or most recent employer, and pg jtiotl; rn be _
L 1>- ,/)1 ~ t/YI ._
12. Desaibe c:xperlences. skills or knowledge which qualify you to . serve On this board: (please attach a brief resume)
I bereby cettify thàt all rhe above Statements are true, and I agree.and understand thàt any misStatement of material factS
con~~lica . y (;ause forfeirun: upon my part of any appointment I may receive.
~ -. ;3/.s/~
DATE' /
Note:1bis applica60n will remain on file in the City a~~JyE.'Øod of 2 years tram the date it was
submitted. It will be the applicant's responsibili t a current applica60n is on file.
ttn'Y~1JCATION
MAR 0 9 2004 fit"; /tv¡
....¡TV ~I ¡:RK
-
.3 - .9- 9 -¿ì(>
DURAY BEACH Of;1;,II' <"" t/C' r¡
bad /1 o.vcU (~« v-
AIl-AmerIca c; CITY OF DELRA Y BEACH
'tllt BOARD MEMBER APPLICATION
1993
2001
information:
..,.--. Name -::r t!-- C-l M.I.
I -
2. CóuIZ-T-\ Ci State Zip Code
I :2.(¡3 \>dr. (/10 L S'
3. City State Zip Code
- --
4. Principal Business Address: City - State Zip Code
~-
5. Home Phone: Búsiness Phone: E-Mail Address: Cell Phone: Fax:
$6 \..3S:Ò. L 4'3 ~ \ Id-th"ð' A-t:.I< o.hOO. (ðM <'-0," ï:3.1. g'!>
6. lue you à registered voter? ~ (z. i- If so, where are you registered?
7. What BDard(s) are you interested in serving? Please list in order of preference:
'-'"
l., L-oY\'\.r'I'\.M " ',' 2... r~'-
8. List all City Boards on v,Yhich yo - re O1tteotly SI':!Vi11g A' hat:r~ pm':!ou~!ì' ~~--v~: (P!~s;: inclu' ... d¡¡t~5)
..A ,
9. Educarional qualifications: s.~/-v ç¿,¿øu..,~
10. ÜSt any related professional certifications and licenses whieh you hold:
~
11. Give your present, or most recent employer, and position:
I,
,...,
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
"
ert! that all the above statements are true, and I agree and understand that any misstatement of material facts
. s applica . on use ~ upon of any appoinunenr I may receive.
'3 ,'?-0. 0 i
DA1E
ote: Ths application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applic~I!~~ure that a CUtrcnt~Plicarion is on file.
. c¡ i.~~~~
MAR 2 9 2004 j' ¡'7..ê"n'-:J T"".'t; p¡j , co" err
- ___ - _. __II
JACK LICHT
830 Greensward Court, Apt. H-203 Defray Beach, FL 33445
(561) 350-4493 lichtrojack@Yahoo.com
SUMMARY OF OUALlFICATIONS
Ten years progressive experience as a middle and senior level manager in the public and not-for-
profit sectors. Focused on policy implementation, planning, operations and building
organizational structures to achieve ends. Devised and implemented strategies fur improving
program quality. Proven track record in strategic analysis, problem-solving and encouraging key
stakeholders to pal1icipate in planning and decision-making.
PROFESSIONAL EXPERIENCE
Department Manager
· Supervised 70 Head Start grantee staff, whose responsibilities included training and technical
assistance, program monitoring, fiscal operations, management planning and analysis, and
facilities development and management. Facilitated the attainment of federally required program
design and management systems for 75 delegate agencies with 226 Head Stal1 centers.
· Coordinated the expansion and renewal of Head Start services, including the development
and subntission of grant and expansion applications to the federal government. Applications
resulted in the renewal of funding and an increase in Head Start enrollment by 5 percent.
· Negotiated and obtained a $27 million Head Stal1 facilities improvement grant from the
Regional Office of the Administration for Children and Families.
· Advised and trained Head Start provider sponsOl1ng boards in the principles of policy
governance. Facilitation resulted in enhancing the effectiveness of sponsor administration and
accountability for the program.
· With the NYC Board of Education and the Human Resources Administration, designed and
implemented a contract management system for the United Way of New York City focused on
transitioning AFDC parents from public assistance to work. Program resulted in pre- T ANF
prototype for transitioning public assistance recipients to work.
· Co-managed operations for the Community Achievement Project in the Schools (CAPS), an
attendance improvement drop-out prevention initiative. Responsibilities included planning,
program administration, technical assistance, perfOlmance-based training, and reporting and
evaluation.
· Designed and implemented a ci!)wide contract management system for use \vith over 200
communi!)--based service programs. Established objectives, developed performance measures,
and evaluated and flne-tuned the system. Created a new protocol for contract monitoring,
evaluation and technical assistance.
Proiect Manager
· Designed, organized and implemented three ci!)'\vide cornmuni!)- elections in 33 of the
NYC's 59 Communi!)' Districts. Developed election budgets, coordinated and monitored project
supervisors. Trained over 1,000 staff for each election and interfaced with community
organizations and political stakeholders. Elections resulted in the creating the core membership
for 33 citizens' advisory boards responsible for recommending human services programming and
establishing funding levels.
JACK LICHT PAGE 2
· hnplemented a public participation project to restructure the Communit)- Action Program
of the Cit)- of New York Presented the restructuring project to other municipal units, interfaced
,vith communit), groups and local public officials, planned and implemented a series of citywide
publíc hearings and circulated 20,000 proposals on the restructuring. Process resulted in a
restructUtIDg of the Community Action Program.
· Initiated the reengineering of key Head Start work processes, including task analysis, and the
identification of impediments to smooth, continuous and efficient workflow.
· Developed a handbook used in the implementation of perfonnance measurement (outcome
measurement) for Head Start delegate agencies_
WORK HISTORY
· Acting Assistant Commissioner, Administration for Children's Services Head Start,
July 2000 - December 200 I.
· ChiefofStaf/,' Administration for Children's Services Head Start, October 1997 to
September 2002.
· Deputy Director of Contracts & Technical Assi.'tance, United Way of New York Cit)-,
October 1992 to October 1997.
· Contract Analyst, Agency for Child Development/Head Start, December 1990 to
October 1992.
· Director of Contract Management/Citizens' Participation, Community Development
Agency, May 1979 to December 1990.
EDUCA nON
BA-MA Queens College, City University of New York
AWARDS
· Citywide Head Start Policy Council Special Recognition for Promoting Citizens
Participation, 1984.
· Mayor's A ward for Managerial Excellence, 1989.
COMPUTER SKILLS
Working knowledge of Microsoft Word, EXCEL, Power Point and Visio..
Assisted strategic planner and MIS unit in automating reporting and communications within
Head Stat1_
TO:561 2+3 3774 l-'.lJlJl--l1lJl
PR-20-2004 13: 21 FROI'!:
OflRAY BEACH
,~ CITY O.F DELRA Y BE:.A.CH
BOARD ",EMBER APPL,ICATION
1993
2001
2- OR. City
3. City ~
City SUce Zip Code
¿}1i/!1 tJ-y ;GL .53 Vf ?
I
5. Home Phone: Business Phone: E-M.iI Address: Cd! I'hone: Fax: 2.-'2- V
?-l ~ - ({«[..1~ 2--)'-f-&JJ'I2 1ft-/!;./ 1 Q. 6¡i.I/sP.' 2Sf ~S f.s- 92.I7 .
' ¿
6. Are you a rcgiscered vota? l . If 50, ,.,.hc:re = you n::gisb::red? I;/¡:'{IL c... ,
7. \VI,.. Boud(.) ue you in'c:re"ed .
1
oard. on "'lUch-rou arc CUtTenùr'crvin¡¡ i)r hnep<=ious:y 5CrVc.d:(Pkue include dares) i
-- ."
,
9.
j
I
10. List any rceh{ed profes:s.iotuJ cerrificaòons an¡! licenses ""hich you hold:
i
C>' I ~
J 1. Give your presCtlt, or mOst reeent anploycr, and posicio",
I
:) , i
j
I
I
SIGNhTURE I
t'lo<c: llis applicaåon will rcaWn on 6Je in the City aerie'. Office {or a period o{2 yan nOlI¡ the dace i{ was I
submitted. It will be <he applicanr"s =po"ft~. conal{ .pplìcaáon is on 6Je.
- ...",.,.~'-
APR 2 0 200~
("ITV r'1 ¡:HK
, ' DEL RAY BEACH
..0.' D"
b.ftd
AHmerIcaClty
" II J! CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following infonnation:
I. Last Name:: fir C-, La..-.1 Name? Middle Initial
.c..+\AR-ß
2. Home Address: City State Zip Code
"'2"Z..ì~ N. S......,<u...D<..j A. -.::,=---~ y ß----p,.<.-,,^
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Z, (p - S-4 (., 8 Business Phone: 7/ ~ _ 4/931 Fax:
6. What Board(s) are you interested in serving? CKA
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
~~Ae....\AoE:1'-o.
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10_ Give your present, or most recent employer, and position:
I]. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
r¿ appointment I may receive.
ïJ fu c-~ / - 2-8 - 0 '3
SIGNATURE - DATE
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current ~Ë~t~~.
_, ~ I L RK\BOARDVJ>PLICATION
-I 1"1\
JAN ? 8 2003
~ITV CLERK
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER
Richard McGloin
#7
Downtown Development Autbority
Board of Directors - July 2001 to Present
Delray Beuh Master Pian Design Guidelines Committee
Committee Member May 2002 through Present
Delray Beach Master Piau Transportation Committee
Committee Member May 2002 through Present
Pub6c Arts Task Force
Committee Chairman Aug 2002 through Present
Pineapple Grove Main Street
Board of Directors Oct. 1996 through Sept. 1999
Chairman of Artwalk Committee - Oct. 1999 to Present
Downtown Mercbsnts and Business Association
Board of Directors - Jan 1999 to July 2001
1996 City of Delray Comprebensive Plan Review
Committee for Parks and open spaces
Seacrest Homeowners Association
Board of Directors - JUDe 1992 to Present
Soutbridge Homeowners Association
Board of Directors - January 1997 through January 1998
Msyor's Taskforce for solutions for the Atlantic High I Seacrest property 1996 &1997
#11
My 30 year business career includes: Electrical Engineering, Division VP for Greybound Corporation and a
successful small business owner. T\ùs variety of positions has given me excellent experience in
interfacing, supervising and creating a consensus with a broad range of people.
My term on the Board of Directors for Pineapple Grove Main Street was as Business Coordinator. I
worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to run
this organization in a business like manner. T\ùs position required personal interface with the business and
property owners within this district and many presentations to the City Commission and CRA board.
In Janusry 1999 the Downtown Merchants and Business Association was restructured with many new
board members added. I was invited to sit on this board due to my familiarity with the business issues in
Deirsy both ftom a Pineapple Grove viewpoint and as a property owner on East Atlantic
In 1995 I was a member to a committee to review and suggest changes to the city comprehensive plan.
John Johnson was the city staff member who chaired this committee.
In 1992 I worked with Ms. Deborah Dowd to establish the Seacrest Homeowners Association, s voluntaiy
membership neighborhood association. I have been actively involved in the "neighborhood plan" since it
was first conceived is a joint meeting with the city manager, the planning and zoning director and several
Seacrest board members.. I have recently rejoined the Board of Directors.
As a property owner in the Woods ofSouthridge I joined their Board of Directors at the time when it was
imperative for the stability of that neighborhood to show property improvements. Part of that project was
·
1
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER
Richard McGloin
working with the city on the plan tø change the streets ftom private to city owned and add the
improvements necessary to promote this area as a strong viable neighborhood.
After requests ftom the Seacrest Homeowners Association, Mayor Jay Alperin formed a task force that
included city, county, Atlantic High and neighborhood members to search for a solution to the blighted
property to the west of Atlantic High School. T1ùs task force formulated the "field house I gymnasium"
concept and lobbied to make it become a reality. I made many presentations to the city commission,
county commission and school board on behalf of this project.
013;"03/2004 THU 17: 14 FAX 1«1003/005
U5/1.4!04 FRI 08:as FAX 561 243 J774 CITY CL£RK 141002
P~U';'~Bp'Ç~
"'t"*'....**
AII·_CiIy CITY OF DELRAY BEACH
~"I ,!
BOARD MEMBER APPLICATION
1993
200'1
Please eox rin:t the £ollo'WÌo. infonnatioæ
1- Last Nune.: ð"-(7t:J(7ur M.I.~
2_ Hottle. Adch:es9:.2 GMt. (l:4C" C'#' S""-"þ.Z Zip Code
'-(<{3 ~'NS
3. Legal Residence::: Sta:te Zip Code
- - - -
4_ Principal Business Address, A State Zip Cock
/11',5 k_ ¡C)""'l..F'W-7/ e. Vk. FL 33'7J> :?:>
5_ Home. Phone: BUt1ia.ess Phone~ Pa::x::
;;:,-~( -272-C):;:J.5-7 ;;)(.(- '27<1./J ~(ff7 SC,¡-2'f0·3!?fI
6. Are: you a "t:egis't:ered voter? YES ]f SO~ -..:vherc axe you xegi¡stcr.ed? f €LZ~"" DFAr')
7. 'What Bo::u=d.(s) ::are you interested in. serv.ing;t Pleasc 1is.t.in. order of p.tc&rencG ¡::;,~ )",R t€!:::,.£ tit' f:) G:
0. ,,_IT" vEL "., ~-ru.,... ~ c:. J
8. Lis. City Douds on ·chyou.~ ~dy' . usly served: (please include. da.tcs)
(}V. . "..~, ¡fð ,.ad¡-..... ,. -'> l:J 0 ".,
9. Educarion~ quatificariODS: DV'""i~~ /y)...r. ~~IY)V)....,r~~O"¡~
10. J---ist :any rekted £e.ssioD:al cert:i.:fi.cations and ~es wb:i.ch you hold:
. t:Þ<. (0)->A>-<:=- c. , ...."~F - F L-
or most.J:e~~lor~ -and posìÜo(; <1 v<ro.,pr-rO,.... (.....(
J::£Þ.- f-'L ..0 <:FY'I. C! - WJ-..ff'"':L ~
12. D çaþC e%P~ence$.~ $kJ1~ or knowledge ~ c¡u:;W.fy you 'to oS e on dris boud:: (plc3.s1!: attach '3. ~f resume)
,-,..., ..., . 'tr . Y /,...(, ðLtlJfr (.. u<:::"rN1r ¡;:2)vf=1.~ .,
C vr.,T''1 .:J~7-1< ~ (~£L ;='0 fL/
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I herc:by c tify that -all the above ST.at:e:rnaJts 'UC tru~ and I agree 2nd undenmn.d thaI.: ~ny mis!>t':iLtcm.~,:t of caate:r:::ia1 £acts
00 ttü. a lica.tion JDaY cause. £orfe.ìture upon :z:n.y put of -any appoint:alent 1. .r:J:I.2.y :r::-eceÏv"e.
~ 'hk¥
SIG:NA DATE
Note: This application will rc:1'WÛn on. file-in the C.i1;y Oerk·s Offi:ce fox: a peri-od of 2 years from the date it""'W"a.5
sub.n::ùttcd.. It""Q7jJl be 1:h.e appl:ic2nt"$ re.sponsibnïty to ensure thac a CUI:I:cn.t; a.pp1i.COI.tion is: on file..
1N."".n"'YCU-::IUaBo~ruc.o..TlO'N'
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JUN 0
3 200~
C/?y
CLERI( I~ <=1 ~
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·
Brenda B, Montague
2443 South Coral Trace Circle
De/ray Beach, FL 33445
561-272-0257-H
561-278-0300-0
561-243-3811-F AX
Bbmonta2ue«VßoLcom
Professional.Experience
Principal of CAD Automation Services. Inc.
CADAutoma'tÏon Serv;ces. Inc. ¡os a computer aided. design management fin'll.
CADAutomatíon provides support and training services using Pro Steel 3D. a 3D
modeljng steel detaiHng software program. CADAutomarion was"founded in 1990 as.
A&E Technical Services.
Commercial and Residential Realtor
Presently associated 'With Coldwell Banker. Provide commercial and residential realty
services throughout Palm Beach County_
Professional Haute Couture Model
Worked with agencies in Miami and New York. Have worked with designers such as
Bob Mackie. Oscar De La Renta, Adolpho. Bill Blass. Carolina Herrera. Chanel. Gucci
and many more. Have also done extensive print work, as well as commerciat TV and
films.
C01rUTlILnity
Commissioner. Delray Beach Community Redevelopment Agency
Member:> Delray Beach Downtown Developm.ent hnpIementation Committee
Member, DeIray Beach SWfNW Plan Implementation Committee
Member, Palm Beach County Fair Housing/Office of Equal Employment Opportunity
Board
Chair (2004-2005), Government Affairs Committee~ Realtors Association of the Palm
Beaches
Director" Board of Realtors Association of the Palm Beaches
Director" Board of Florida Association or Realtors
Have also been involved with a number of organi:zations including ]ocally:
Member, Village Foundation Board of Directors
Member. Delray Beach Sister Cities Board of Directors
Member. Carver Estates Youth Program Advisory Board
MernbeT~ Consumer Affairs Hearing Board
.--nn .~..nnf'ito YV.~ !:T; L T nR.T. tOOZ/CO,'90
·
Education
TempJe University,. Business Management
Mon~gomery College, Speech Communications
Personal
Manied. (2) children, (1) grandchild
~. ~T-'T n~Y .nñ¥ ;~n;^n
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DURAY lEAOt 3--þ - ()¿
.... I..
tze.d '(.z.M' £~
AU·America c; \
'lilt CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION ¡
1993
Please type or print the following infonnation:
J. Last Name: /Y)O"''''''A~Ur Name J) R. f)..~A Middl:t)tial
2. Home Address: 2 "I 'f ~ 3 cJ :2.:lN"ò C L d5C, Ci .¡Jj ~r Stath Zip Code
<..5 ~ 'fV s-
3. Legal Residence - City State Zip Code
- - -
4. City ~'1Òkò'}r Stat?L Z$ Code
?yr.3
5. ,¿ 7.P-= ~ ~JI- J' J-'f ~ -(,'2>;).5"
6.
O~IT
-
7.
-
8. Educational qu~cations: S'}.e, (V}n¡(\<..v<,(A""jN~ ' ~fAL ~<r¡r Lc<::ç,JS.~ PL
:t>e-:-/:c..e..,l.Wl (N ~V.s.f()(ff· ~ 9. LiŠ:7Y related professional certifications and licenses which you hold:
!15; Aô O'J r-
10. Give your presen!, or most rec~IOyer, and posi~n: , ¡;PL F ~ /", L.
7'>íÜ.0\-N'Ï - G:~ru nL ~bS( 0)( 1C'tL
M{)"f::..f0IN~ úJ (Pr"'D ~ffiPfN ~ 3F1\V¡('Ð - C fY.Þ:3lrlq::)JJï~.
II. Describe experiences, skills or knowledge which qualitY you to serve on this board: (Please attach a brief resume)
1 hereby certify that ail the above statements are true, and 1 agree and understand that any
misstatement of material facts contained In this application may cause forfeiture upon my part of
an pointment 1 may receive.
.3hfOO
s - DATE
-. '')te: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibi~Ocurrent application is on file.
MAR 0 7 2000 :f- / '} 1m KlTYa..ÐX\80.uÞW'JtUCATlON
CITY CLERK
Brenda B. Montague
2948 SW nDd Circle, Apt 5C
Delray Beach, Florida 33445
561-272-0257-Hm
561-278-3388; 561-243-6325-Wk
561-279-9616-FAX
A5 a principal of CadAutomation Services, Brenda Montague has served as an integral
participant in the ever-growing arena of CAD management consultants. Along with her
business partner and husband Rod, Brenda has also successfully raised two children.
Their daughter graduated from Harvard Urtiversity and Harvard Law School, and
presently practices family law with Greater Boston Legal Services in Boston,
Massachusetts. Their son, upon completing his undergraduate degree at Wesleyan
University, is attending Columbia University as a history Doctoral candidate under a five-
year meritorious fellowship.
With her professional experience in the field of Computer Aided Design Management
services, as a Florida State licensed real estate professional and with an educational
background in business management and speech communications, Brenda has proven to
be an asset for a number of causes in Palm Beach County. Her persistence and sense of
fairness has allowed her to succeed in her goals and strive for the dreams of others.
Experience
Principal, CADAutomation Services
Serve as Marketing Director for Computer Aided Design Management firm, specializing
in consulting with engineering firms interested in increasing the performance and
productivity levels of their design and drafting departments.
Florida State Realtor
Registered with Coldwell Banker Residential Real Estate, Inc., Delray Beach, FL
Professional Model
Contracts with Runways, Inc. and Michelle Pommier Model Agencies, Miami Beach, FL
Runway model with internationally known designers and department stores.
Work in print and commercial media in magazines, newspapers and commercials.
Work in radio, film and television.
Community
Have served as volunteer with several community organizations
Saint Paul's Episcopal Church, Delray Beach, FL; Member of Community Racial
Dialogue Committee
Saint Andrew's School, Boca Raton, FL; Member of Board of Trustees, Chair of
Education Committee, Founder, Multicultural Education Steering Committee
Florence Fuller Child Development Center, Boca Raton, FL ; Member of Board of
Directors, Vice President of Board
Children's Science Explorium, Boca Raton, FL: Member of Board of Directors, Past
President of Board
Board Marketplace, Leadership Palm Beach County, West Palm Beach, FL; Member of
Board of Directors
: 0000000000 Feb. 20 2004 12: 05A!'1 P2
'ROI'! : CHRISTIIIH ¡·IORRlSOt·t0 FA:, NO.
,- OS/23/03 FRI 11:26 FAX Sal 241 3774 C Il'Y CLEi!K 1@002
c2 -/C¡-tJ~
OHII,4V BEACH i?e~( -h r
~ . . . . . ~
bad
rqfr CITY OF DELRA Y BEACH
BOARD "'EMBER APPLICATION
1993
2001
ear info.rmarlon:
1. M.lJi
2. State Zlf Code
.Iv' r¿ ::>,¿: .
3. Stare Zip Code
4. Princip¡¡] Businm Address: - !i::'¡j7Jf!éÆ' / Gty State Zip Code
Lj 5~ 0tz /ì¡/¿:;'1J«F. ,;;:61¿77 t)Ejj{/lV ða¿/ý F,:..- .337"'ti
S. Home: Phone: Business Phone, 1JfM..il Ad~ .
< ;J, .., " 0<1:,7 -¿;~ 35t7. /,?OJ C4~ií/
JG( ,1t7iç .>'.
6. Me you íl re ·ster~d Voter? If so, where are
Vì
;¡;
uill: O:J. whit!'! Yo-:J. .:l---e. cun:-cnciy ~ or hil:\.·~ prmou:Jy.se:rvai: (Plase mclude da:n:s:)
-" --
M
(;J' .
Z -
Note, This appliearion will tenuin On file m the Gry Qqk' Office fot a period of 2 years om the ate it was
submì«ed. It will b: the applicant's rcoponsibiJiry TO enSUre that a =ent appIicarion is on file.
æf!fØ#áLé' R E C E 1'\lrn......._Uc.noN
FES 1 t 200~
r.ITY CLERK
=ROt'1 : CHRISTUIA '10RRISOIIO FA), 110. : 0000000000 Feb. 20 2004 12:05AI'1 P3
CHRISTINA MORRISON, CPM
BAC'KGROUND DATA
Christina Morrison is a Licensed Florida Real Estate Bl'oker and a Certified Property
Manager (CPM). She has been active in the real estate industry for over 23 years; her
areas of expertise include acquisitions, development change of use and conversions,
property management, sales and leasing, training, and all phases of real estate
marketing.
Chris is currently a Broker-Associate with Balistreri Realty in Dekay Beach, Florida,
specializing in condominium, waterfront, and investment properties. UnW July, 2001,
Chris was the Director of Property Management for the Southern Division of the
Pennsylvania Real Estate Investment Trust (PRED'), a publicly-traded company based
in Philadelphia, Pennsylvania. Her duties induded the supervision of apartment
portfolios ranging from 2300 to 3100 units in several states, the successful re-
development of three apartment properties, and the authoring of the company's
Policies and Procedures Manual and various traÌIÙng seminars on Leasing, Fair
Housing and Safety.
Prior to joining PREIT, Chris was National Marketing and Training Director for
Regency Windsor Companies, an apartment development and management finn based
in Vero Beach, Florida. Chris' respon.sibilities vvith Regency Windsor induded the
analysis, development, and coordination of marketing activities for all properties
managed by Regency Windsor, encompassing over 12,000 apartment homes in eight
states, the development and implementation of various training programs for all
Managers and Leasing Consultants, and the design and implementation of marketing
and leasing campaigl1S for two new properties.
From 1991 unW 1994, Chris was Director of Property Management for First
Montgomery Properties of King of Prussia, Pennsylvania, overseeing th.e management
and leasing of over 3,900 apartment and condominium units in four states.
Chris is a graduate of Penn State University and is a Past Dìrector and President of The
Institute of Real Estate Management, Delaware Valley Chapter. She is currently
President of lREM - Southeast Florida and a mem ber of the Governing Council for The
Institute. Chris is also a national instructor and trains Property Managers and other
Real Estate professionals throughout the country. She is also an active member of the
Realtors' Commercial Society of Palm Beach County. In her spare time, Chris donates
her time to the Delray Beach Food Bank and Caring Kitchen and enjoys Iraveling, scuba
dIving and the Southeast Florida lifestyle.
03/21/03 FRI 09:26 PAX 561 243 3774 CITY CLERK ~002
œ S·~ 5-úS
PrÐP~~ d-
, fiTl~ CITY OF DELRAY BEACH llìCXJtQj Inf',
BOARD MEMBER APPLICATION
1993
2001
1.
State Zip Code
~. 83
Fax:
7.
C~ ,tf..;.J
8. List aU City Board. 00 which you :are currently serving or M"O p~o-.sly oerved: (plea.e include date.)
9. -1SA
.
Note: nus application will ttro.ain on file in the City Qerk's Office for a period of 2 years from the date it was
r submitted. It will bc the applicant's responsibility to ensure that a current applicaåon is on file.
SCIl'Yc;::L.fAKœOAIU7oA1'1"UCAT1ON
f·rj /I'Li\ RECEIVED
MAR 2 5 2003
CITY CLERK
MOR Property Management, Inc. Page 1 00
'-""",'::">:0:.""_ ·f:~~;?:3:~~f;(~~'~~~~.~
James M. O'Brien
President
Professional Experience:
· Over thirty years of hands-on experience in Property
Management, Leasing, Marketing, Tenant Improvement and
Construction Coordination in the Northeast and Florida markets.
· Primary focus on Office, Industrial, Retail and Mixed-Use
properties.
· The management of asset portfolios with a diversified product
type and quality.
· The management and supervision of fee managers and leasing
rMDR/ personnel as well as directly employed managers and leasing
agents.
· The development and implementation of asset redevelopment
,PI"DPfltrty M",",_gw,menl.lnó. and enhancement programs.
· The development and implementation of investment plans and
the on-going management of investment and operating budgets.
1999-Present
M.O.R. Property Management, Inc.
Delray Beach, Florida 33483
President
BeachPlace
Fort Lauderdale, Florida
General Manager
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility and a 400 room Marriott Vacation Club International.
Primary functions included the fostering of strong Tenant relations as
well as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to
the production of maximum net revenues, cost control and analysis of
the operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal accounting, marketing, security,
janitorial and general maintenance of the Center.
,
Codina Real Estate Management, Inc.
http://monnanagement.comlbio_obrien.htm 3/24/2003
MOR Property Management, Inc. Page 2 00
Coral Gables, FlOrida
Vice-President
ResponsibiRties included the management of an ~xisting portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Cedina Group and its affiliates.
1988-1996
PFK Realty Services, inc.
Fort Lauderdale, FlOrida
Partner
Director of Management, Leasing and Marketing for PFK Realty
SelVices, Jnc. (Please see attached Curricutum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
American Tectonics Southeast
Boca Raton, Florida
Vice-President
Director of Management, Leasing and Marketing services.
Responsibilities included the management, leasing and marketing
activities for a regional Commercial Real Estate developer iil South
Florida with over 1,000,000 square feet of Commercial space either
existing or under construction. Additional responsibilities included the
long-range planning for the management. leasing and marketing of
future Commercial. Industrial & Retail Developments, as well as the
oversight of all Tenant Improvement Construction projects.
Johnstown American Companies
Consolidated Capital, Inc.
Atlanta, Georgia
Vice-President
Director of Management, L~asingand Marketing and Tenant
Improvement Construction, Boston, Massachusetts's regional office.
ResponSibiRties included over 1,000,000 square feet of Office f Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan
and Georgia.
Personal:
Real &tate Bwker, Massachusetts
ReaŒstate Salesperson, FlOrida
B.O.M.A.
Past President, South Florida Chapter
Education:
Milton Academy, Minon, Massachusetts
,- Trinity College, Hartford. Connecticut
, SA History
)
http://monnanagement.comlbio_obrien.htm 3124/2003
I; Ilo__~
DRRAY BEACH
. ~ co . . . .
b.tIb:II
;ißT! CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the follo'WU1f; ÏnfOI'IDat:J.on:
1. Last Name: Randolph Name Ml
Angela D.
2. Home Address: City Delray Beach State Zip axle
1323 Prospect Street FL 33444
3. Legal Residence: City State Zip Code
(Same as above) Delray Beach FL 33444
4. Principal Business Address: City State Zip axle
1191 N. Federal Highway, Ste. #1 Delray Beach FL 33483
5. Home Phone: Busioess Phone: E-Mail Address: Cell Phone: Fax:
279-0377 276-2889 ADR1908@aol.com ------- 279-4885
j
6. Are you a registered voter? Yes If so, where are you registered? ':ß¡,o-/ -t Øi-:;
Palm Beach Countv/Citv- of Delray Be ch-Precinct 72
7. What Boanl{s) are you interested in serving? tJß)//J- ''t,p) 7Þí
Community Redevelopment Agency . List all GJy Boards on which you are currently serving or have previously served: (please include dates)
None
9. Educational qualifications: Master Degree (Public Administration)
10. List any related professional cerrifÌcations and licenses which rfc0U hold:
National Forum For Black Pub IC Administrators - Member
11. Give your present, or most recent empl:t)er, and position:
Randolph & ewdney Construction, Inc.lPresident
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
-Active citizen from the West Atlantic community (Jefferson Manor Resident) concerned about the development of Delray Beach.
·Worked with Orange County Government (FL) MMRB Advisory Board preparing annual reports, making presentations to the Board of
County Commissioners and other related task. ""Master and Bachelor Degrees in Public Administration
I hen:by ~ that ~ ~e above statements .are ~~wunderstand that any misstatement of material facts
7¡j-p¡¿:_ron- . 0 ~__I__~
, &..... C<vIci-fI MAY 1, 1 2001 .?j;OJðJ
~ ME'
t ;1 iY CLERK
Note: This applicacion will remain on file in the City Oerk's Office for a period of 2 years from the date it was
_.\.._=--_.J T<__" L.L ___1:____,____u__·L'''____ - +~II~covJ ,(;1: . :/'/:3 NJh.p<.dq!'/, - J
tI.o._,,", /11'1"""" f AlP...." .A.m/V') 1J\.ç;..;'f'rt" (".p6,Wo
~.~
flngefa (j).1(atufoEpfi I
1323 ProspeCt Street
Delray Beach, FL 334~4
Education
Florida A&MUniversity University of ÇentralFlqrida
Tallahassee, Florida Orland!>" Florida
Master of Applied Social Sci!,!nce Bachelor of Arts Degree
Com;entration: Public Ádministration Major: ' Ptlblic Adll1inistratiþn
Graduation Date: 12/93 Graduationpate: 12/92
Work Exoerience
2/97 - Present Randdlph & Dewdney Con$tr\Jclion, Inc., Delray Beach, FL; President
'. Coordinate and oveisee daily operations
· NEjgoiiate and ¡;Iose, aU business contrafts'
.. Maintain data,base of clien!s, and principlesuppliers/prodQcts.
· Develop ahd p'romote various rparketirig techniques
11/9:; - 2/97 Orange County Agenda Developme¡;¡t, Orlando, FL; AdV(S~ry Board Ç?órdhiator ,
· Maintain,and monitor aU advisory board actiyities, ensuring .compliance with tile Orange
CountyÇode, , . "
· Pr!'Jpare Board qf CoUntyCommissiohers agenda items and assist in. presentations
· Implement strategies to increase advisory board applicant pool of candidates
· R!'Jsearch and prepare the Membership & lI¡1ission Review Board'sannua,l report
· Assist in,recruitrtlent and process applications for prospective advisory bOéjrd mertlbers
,6/94 - 11/95 Florida Jobs &, Benefits; çustpmer Service Specialist
· Set-up and proceSs unemployment claims
· Assist individuals in seekinga¡;¡d obtaining emplo'yment
· Assist in planningat:1dcoordination of Human Service,activities
· Determine ,the needs oUndigent county residents for assistance through interViews
· Refer ineligible applicantS to agencies who assist in locating/securing aid
. ,.;, . /~
1 0/93 -1 0/94 Wal-Mart Corporation/SAM'S clUb, Naples, Fl; Dpúaiions'Manager ' . " " ',,'
· C~rìducìed ,emplo¥ee orielltatiçins, ensurihgcornpliar¡ce withCompanylsafety standard.s
· Monitqred and provided ,managerial assistance to employees andv,endors, '
· Devised al)d directed employee projects to boost team participation and morale'
· Organized monthly departmental meeting ,
Compute~ Skills
!'-<!vanced knowledgf3 ,of the'foUowirg softWare p¡¡ckages: ,
Word Perfect (All Versions)" 'Word Pròcessor , "
, 'Microsoft Word &, EXfel (AU Versions) Word Protessòr/Spreadsheet
Print Master f'ublis~ing Suite Desktop Publishing , ,I:
Quickbooks Pro Accounting
,Activities,8. Honors
.'. , " !. > .' . ,.'. - , . '. " " ".' I
National E'orl]m for ~Iack Public AdministrátorS'TMe,mber V' Alþha Kappa Alpha Sorority,lnç.-Cilafler
Member/Past President-Pi Psi Chapter V Parent AdvisoryOrg\mization for Bar & Ferg's Christian Academy-
Vice President V FAMU Graduate Scholarship Recipient V Artlerican Cancer Society, Volunteer V Roots
Cultural Festival, VolUnteer.
JUN-l :.-,:( WED 'j' ~l AM POMPANO BEACH BLDG. HFT F AX NO. 'j:14 7:::6 4677 ì'.
. · DÉlRA Y BEACH
. . 0 . I . .
!~ CITY OF DELRA Y BEACH
'tilt BOARD MEMBER APPLICATION
1993
2001
Please infoIm.2tion:
1. ,(.:¿st Name: .S I} /II Z 0 /J £ Name J t3- It 0 rf £ M.I.
2. Home Address: Ci 35 Sþte ~ Code
20 () /7 jj c..' ,t:::A ¿ L 4/1/ E: .17,-;- ty ÞEL£.4- .4:# r::L .¿ Yé:l?
3. Ug>1 Residence: City SÞte Zip Cooe
? ~r<-/e:
4. PriDcipaJ Business .Address: City SÞte Zip Cooe
/ÙO f/((,J1. Tt--/jrv-r7c f)L-I/P P¿H-r/ct", ¿J 1J6<k-¡-f ¿:::¿ . .7.7¿?6/
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5lf-ZA-J<)Z99 .9.5>--1--786 _L/{fp JZ~OF'(€;?,J-,yzp.,jc@ q.Gf-/:{}O -24'>7 'T.PI
7.,;6-1b7
6. Arc you a registered voter? £-5 f so, where are you registered?Ft; J7ëGé'", /3 Dbii'
7. \'\fhat Boa..rd(s) lit you interested in s.~rving? Please lis[ in order of pfl::fc:.rcncc.:
PL/jN/V1/1/L; 1/ Z Di^Ì ÎPr.rý !.? d. <:::.£,4 ¡::; /,
8. List all City Bauds on which )'ou uc eun-entJ)' ser\'ing or b2ve prmousl)' s<tVed: (P case include dues)
9. Educouan21 quilif'c2bam: A-Ø5 )E' ~ e ' ~ -l ,Ii T '(. /YyC'Ä
I (j L D / /I ;? /'~- I -"'w ~.? 0
10, List any related professiorul certific.ations and licenses which you hold:
- - ---
) I. Gi\'e your present, or most recent employer, and position: flu' /, ,,,,,,' o:!rh c:.-¿;". /
¿, II 0+ 0 yc1 P,4-J'1/0 B 'L.
12 Describe exp0ences, .kills or know!s,dge whi<!: qu.:ilify you_to .<tVc on this h?aIdJ!leo.se atuch . b~f re,ume)
....I ZF c/!-¿c/ O· ~ ' ¿ ..,,,,..<-Q. /-z, b· .,.¡{ - .:I éo e.,µ/¿,<JJ
<' t ~ / J-<-- P=-c/ c..
I~ - ~¿; c¿ C¿' k
'fy that all the .bove .tatements are true, and I agree and understand th2t any mis'l2temen, oftD2terW (2ctS
thi5 .pplicotion )' ause forfeiture upon my part o( any appointment I tD2y rceme.
,~ hll'3/e->? /
DATE
0«: This .pplicaóon renuln on file in the City Clerk's Office for a perioo of 2 years £rom the date it was
.ubmitted. It will be the "pplic.ant's responsibility to ensure ùut a curren~tion is on file.
R E C E' ~a..vu<""'AJ,D'.A"'lIrAT1O"
'. . / ·1"1 1"\
JUN 1 3 2002 J
..
JUN-l :;-O~ WED 'j ~~ AM POMPANO BEA~H BLDG HFT FAX NO. ~~:,4 7:::t, 4t,77
- . 1.
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH, FL. 33483
(561) 243-3299
OUTLINE RESUME
March, 1989- City of Del ray Beach Building Oftîdal
~ 100 NW 1" Ave
"'fA,#.c"H 2"'..o./- Delray Beach, F\. 33444
Jlln~, 1986- City of Oakland Park Building OWcial
March. 1989 3650 NE 12~ Ave
Oakland Park, F\. 33334
Junc, 1984- City of Pompano Beach Assistant Building
June, 1986 141 SW I" Ave Official
Pompano Beach, FI. 33060
June, 1930- Self-Employed Construction Consultant &
June, 1984 RR 2. Box 816 General ContT3ctor
Pompano Beach, Fl. 33067
April, 1978- General Development Corp. Director of Primary
August, 1980 1111 South Bayshore Dr Housing
Miami, F\. 33131
October, 1986- American Pl)'\vood Assoc. Sr. Internation.al
April. 1979 PO Box 11700 Field Services
Tacoma, W A. 98411 Representative
August. 1965- Rinker J\.1akrials Eng;. Coordinator
October, 1966 805 N. Railroad Ave. Field & Fabrication
West Palm Beach, FI. of Projects
February, 1963- Lindsley Lumber Co. Estimation.
August. 1965 Steel Division Detailing, Field
Dania, FI. Supervision,
Customer Relations
April, 1960- Security Planning, Inc. Sales Representative
December, 1962 First National Bank Bldg.
MiarID,FI
February, 1960- Dade County Highway Estirllator&
February, 1963 Design Section Designer
June, 1959- C & C Construction Estimator &
Septemb<r, 1959 613 Tabor Place Designer
Investor Planning Corp. Sa.les. Repœsentative
60 E 42" Srreet
New York, NY
JlJ!I-13-Ci~ WED '3: 2:: AM FOMFAJlO BEACH BLDG. DEFT F AX NO. '3:14 7:::6 4t;77 F. 4
JEROME SANZONE
200 MACFARLANE DR.
DELRAY BEACH. fL. 33483
(561) 243-3299
OUTLINE RESUME (CONT'D)
Sept. 1958- New York City Community ConslnJctlon Tech.,
!an, 1960 College ABS Degree
300 Pearl St.
Broolclyn, NY
Sept., 1955- United States AmlY Corp of Engineers
Sept.. L958
June. 1954- Levy & O'Keef Mechanic-al Design
Sept, 1955 171 Madison Ave
New York, NY
íó
JUN-j ::-Ci~ WED 'j: ~4 AM FOMFANO BEACH ELDG. DEFT FAX NO. 9:14 7:::6 4e77 F <,
PROFILE
Date of Birth: August 27,1936
Marital Stah.¡s: Married
General Health: Excellent
Military Service US Anny Corps of Eng. - Honorable Discharge, 1955-1958
CerlitïcatlOIl: Florida State General Contractors
License #CGC-007690
Certified by the Department of Professional Regu1ations in the
Following areas:
Building Code Administrator;
Structural Plans Examiner and Inspector;
Electrical Plans Inspector;
Mechanical Plans Inspector
Plumbing Plans Inspector
C.A.B.O. Certified Building Official #923
Florida Board ofBuildi.ng Code and
Standards Cutificate #111
Building Officials Association Building Code
Director Certificate #147
South Florida Building Code Building Ofticial,
Chief Structural Inspt!ctor and Plans Exanùner
School: NYCCC A.B.S. Degree in Cons lruc tion Technology
Organizations: Florida Atlantic Builders Association Chainnan of
Affordable House Cornmittee
Govemmental Affairs ComnùUec-
Builders Association of South Florida
Co-Chalrnun of Technical & Consh1.1dion
COI11Jluttee
Construction Specifiç~tions Institute
BlIildin~ Oftkials Assoc.iation of
Florida.
'.
JIJN-13-Ü~ WED 'j:~4 AM r~Mr;N~ BE'èH BL~ë DEn FAX NO, '->4 0,:,- 4-00 r I:,
".' .. ".- . ..~.._. '.' .J, :! _, ,,_,b t,.;.;
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH, FL.
PROFlLE (CONT'D)
Boards: Broward County Construction Industry Licensing Boafd
Palm Deach County Dudding Code Advisory DO<1rd
pa1m Beach County Fire Code: Advisory Board
Fire Code: Board of Adjustments a.nd Appe3.ls
SBCCI By-Laws Committee
SBCCI Code Interp[~-talion Conurùttee
SaCCI Existing Building Code Committee
SaCCI Gene-tal Design Con:múttec
BOAF Resolution Conurùttee
Palm Beach County Hurricane Retrofit Conunittec
Palin Beí1ch County plumbing, Elecrrical and.
Mechanical Review Conunittec
Languages: Italian, Spanish, Japanese and Latin
'.
JUN-! :-Ü~ WED '~:~:' AM POMPANO BEACH Hh. DEFT FAX NO. '~=,4 '7:3E, 46'7- ¡ -
'.
JEROME SANZONE
200 MACFARLANE DR
DELM Y BEACH, FL. 33483
CONSULTING
CLIENT ACTIVITY
US Dept of Agriculrure Set up construclion companìes to build In<1SS housing and train
Personnel in Venezuela, S.A., 3 projects started.
National Homes, Inc. Acquire: product approvals for their sys£em undcr the
SBCCI and SFDC
Ryan Homes Analyze and solve construction problems.
G.D.C Analyze and solve construction problems.
Heller. Weaver & Assoc. Evaluate buildings for condo conversion.::.
Genscar Developed site plan for planned community in S. Dade
ITT Evaluated structures at Palm Coast in D\llU1etl, FI.
Approved as expert witness in American Arbitration and
Federal Court.
G.P. Analyze and so1ve problems of construction applications.
Northwood Industries Advised on marketing of const1llction products and gained
code approvals.
MarChcm Advised on mark~t¡ng of construction products and gained
Code ~pprovals.
Everglades Chemical Advised on marketing of constTuction products and gained
Code approvals.
!.,.ICI-Caner Coating Advised on marketing of c.onstmction products and gained
Code approvals.
C.A. Marando Advised on marketing of construction products and gained
Code approvals.
Florida Division of Analyze, investigate and evalu3[¿ proje-clS as wdi as testify as
Law Enforcement An expelt witness for the Construction Fraud Case
Î.
J'-'II-I :-Ü~ WH 'j: ~I:, AM POMPAIIO BEACH BLDG. DEFT FAX 110, ~3~,4 7:::t, 4E,77 :3
JEROME SANZONE
200 MACFARLANtJ DR.
DELRA Y BEACH, FL 33483
PROFESSIONAL ASSOCIATlONS
American Concrete Instirute (AC[)
American Institute of Timber Construction (AITC)
Building Officials Association of Florida (BOAF)
Building Officials Associalion of Palm Beach County (BOAFPBC)
Bui1ding OrrLcials and Code Administrators (BOCA)
Construction Speciflcation institute: (CSl)
Council of American Building Officials (CABO)
International Conference of Building Officials (lCBO)
Southem Building Code Congress lntemalional (SBCCI)
PROFESSIONAL CERTIFICATIONS
Broward County Board of Rules an.d Appeals:
Building Official! Plans Examiner
Building Oftìcials Association of Florida:
Bui\ding OftìciaV Department Director
Council of American Building Officials:
Building Official
Florida Association of Plumbing-Gas-MechanÎcal ]nsp~ctors, Inc,
State of Florida, Department of Business & Professional Regulation:
Building Oftìciall Code Administrator, Plans Examiner, Inspector
State of Florida, Department of Business & Professional Regulation:
Gcneral Contractor
State of Florida, Florida Board of Building Coùes & Stan.dards:
Building Official
RELATED IN[)USTRY ACTIVITIES
Building Association of South Florida:
Co-Chairman, ConstnIction & Codes Committee 1980-81
Chaimlan, Palm Beach County Fire Code Advisory Board 1990-94
Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-94
CoHege of architects, Engineers & Surveyors Seismic Committee 1968-73
Low Cost Housing Comrnittee- Puerto Rjco 1963-68
President, Building OfficÎJls Association ofBroward County 1987-88
President, Building Officials Association of Palm Beach County 1994-95
Southern Building Code Congress International By-Laws Committee 1992-93
Southern Building Code Congress International Code Interpretation Committee 1994-95
Southem Building Code Conference International Existing Buildi.ng Code Committee 1995-97
Southern Building Code Conference International Generat Design Committee 1997~Present
'.
U:j'~5. ~UU;j 11: OM t'A.!. ~:>tj~ ï -.HiM:>-' 1"1}C:>i J:.YllI1X l11Lt I£ UU';¡:
03/21....-U3 .1-1<1 lU: U:i:: b'\.l ~tH Z43 a-/"I/l CITX t:u:;Kl\. li: ouz
3,;)5-c?5~
OElRAY BEACH ;JJtt-¡- f2~q/ f
' t . . . . a
tdtd £5Ja E.
ifiie CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
2001
Please fÌnt the fono infoana.tion:
1- Last Name: cSte. Name I .
il'\ h
2. Home Address: City . ßUù'..¿
,
(fW
3. Legal Residence: City State Zip Code
4. Principal Busine.. Address: State Z;p Code
1'111 &,.\ It ( Aw.. VI\.( e.- ft JJ Ý J.í,
S. Home Phone: Business Phone: Fax:
)liD I b}'h » Sip '1 1- o,:¡.3/ oI>f-è s-6/- 7.7I-.ðs
6. Are you a. registeted voter?
reference.:
,
8. City Bo~ds on which you .arc currently serving or ha.v~ previously served: (please include: da.te.s)
< ß /..4 ¡ ~ ~ I
9. Edu~arionaJ qualifications:
"Sle." á 1f~'fAt1' rf J '" .
1 O. List any fe~ted professional cc:rrificaùons and licenses which you hold:
'Mu.. b
... )tC- <l. f(-t:
resent, or most recent CIDlloyer, and posino :
1: 1ft ¿ C. /r f; doJ wl1rr"
12, Desaibe experiences, skills or knowledge which rfy you to serve on this bnud: (please attach a brief resume)
1/ U ~, '.....- í'
"
crrlfy mat all the above: 5cQ.'t.cm.en.t5 are uuc" and I .agree and understand ÙI4t aoy misst:a:temcrn of mattri.al faCfS
in ~ opplicuioo may =c forfi:iturc upon my put of a:JY appoirl1:ment. I may tcCCive.
{f/:.r(7Ó J
SlGNAT1.JRE D.A:
Note, This applicacion will remain on fiJe in the City Cerlc.'s Office for.. period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a CU%Ient application is on file_
9CtfY~O"~~110W
RECEIVED
MAR 2 5 2003
C\TY CLERK
U., ~;).- ",UU..J ii: VO rl1A iO)Ui .J.I..I.OO)·J C.l.I\.JJ. ¡:.....U.LJ...L ..L.L.L........ "e V.,..,
-
.f78S T'IM Fern Drive
Delnsy Beach, FL 334A5
Dinah Stephenson
education December 1988 University of Miami School of Law Miami, FL
· Received Juris Doctorate (J.D.)
May 1981 University of Alabama Tuscaloosa. AI-
· Reoeived Bachelor of Science (B.S.)
Work experience 2001 c.. present Attorney at Law for Scholl, Ticktin & Associates'
· Primary practice area has been Real Estate transactions with a
concentration in title work, including processing, closing and
post closing of files.
2001 - present Broker/Owner of Destinations GMAC Real
Estate which is now Exit Realty, The Destinations Group
01/1992-09/2001 D, Stephenson Construction, Inc.
Vice Pn!5ident, ChIef AdmInI..b..lí..e OfIiCOl"
.. Responsiþle for daily management, scheduling. CO()fÚInating and
general supervision of all adminislrative and legal functions of the
company. including contract administration. Also overseeing
workers compensation and other persomel issues.
1993-2001 Stephenson Realty, Inc. Miami FL
President" Chief Executive Officer.
· Responsible for acquisitions, coordination of real estate
management, contract negotiations, feasibilrty analysis, and daily
accounting and supelYlslng of all rompany owned rommercial
property.
1990-1998 Stephenson Merchandising and Matketing, Inc.
Vice President
· Responsible for supelYlsing merchandising of þroduds 1:V1d
supervising daily functions at Amoco Gas Station, including
personnel issues.
1988-Present DDS Investmenl$, Inc. Miami FL
VICe Presidênt
· Responsibfe for acquiSÎtiOll of commercial properties, coordination of
real estate management and contract negotiatloos.
O:J....25...:lUUJ 11:U~ tA.A. ~~"~ï·.HJ.ða.j rl~~J. ~YUIJ.ï IlJ.LL tgJUU!I
1988 - 2001 Attorney At Law, Miami and Fl Lauderdale
. Responsible fOr handling Real Estate acquisitions and feasibility
analysis. Continuous involvement with Real Estate management
and administration. Practiœ included all aspects of Real Estate
Law. Guardianship, Corporate Law, Construction Law and General
Practice.
1983 -1984 Shutts & Bowen, Miami FL
Responsible for document preparation in word processing division.
Organizations. The Florida Bar - member
IIOR' dadðn& & Aorida Real Estate Broker's Uœnse
Community
ActivIties National & F10tida Board of Realtors
City of Defray Beach - PubliC Employees Relations Commission
City of DeJray Beach Chamber of Commerce
Museum of Lifestyle and F eshion History - Board of Directorn, Seaetary
Volunteer Owights computers for kids program
experience United Cerebral Palsy
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER øJ1
SUBJECT: AGENDA ITEM # <\'K - REGULAR MEETING OF TUNE 8. 2004
-
APPOINTMENT TO DELRA Y BEACH HOUSING AUTHORI1Y
DATE: JUNE 4, 2004
Mr. Joseph Bemadel's term will expire on July 14,2004 on the Delray Beach Housing Authority.
Mr. Bemadel has fulfilled an unexpired term and would like to be reappointed. The term is for
four years ending July 14,2008.
Per statute, an appointee may not be an officer or employee of the City. Further, each housing
authority must have at least one member who is a resident, current in rent, of the housing project
or a person of low or very low income who resides within the housing authority's jurisdiction and
is receiving rent subsidy through a program administered by the authority. Ms. Yvonne Wilson is
the current resident-member serving on the Housing Authority.
The following have submitted applications for consideration:
Joseph Bemadel (incumbent)
Joseph Del Casino
Edward Desmond
Joe Farkas
Philip Friedman
Stefanie Gapinski
Pearl Bunny Markfield Elrod
Christel Silver
Judith Wilkis
A check for code violations and/or municipal liens was conducted. None were found. Voter's
registration verification was completed and all are registered with the exception of Christel Silver.
According to Florida Statutes, members are appointed by the Mayor and ratified by the
Commission. However, at the City Commission meeting of June 5, 1991, a consensus was
reached whereby each Commissioner would, on an informal basis and according to the rotation
procedure, make a recommendation to the Mayor as to the Housing Authority appointees.
Based on this system, the recommendation/appointment will be made by Commissioner Archer
(Seat #2).
Recommend appointment of one (1) regular member to the Delray Beach Housing Authority to
fill a four yearterm ending July 14,2008.
P.02
May-19-04 02: 53P . '_..11-1.. '_LLl'.n ...-- .- _~____n~-~
(1.':1.' !,..\-'U-I I tt" ! ~ . ,.. t".-L':I. :)0 L ';:_1..1 .~ I I" lj{)-'::ki(k~1
P~"">;8f~J=~ --¡'i-db
~
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
"B
2001
'. Il.:¡
J
_. -- -
... City SI2U Zip Code
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~. Home Phone: B..u.m!::_:"Io Phone.: E-Mail J\ddrm; Fu.
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9,
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.ub""';aeð. It will Ix lb. applicant'< =J><>tWbility to ....= th,u & =t applicattoA ¡. aD 6!c.
~-
RECEIVED
MAY 1 9 2004
CITY CLERK
P.03
ItJ tlu4
May-19:-04. 02:S3P ~. "~'L .,...... ........ J I . .. 1...1....!.J... I~.I\.__ _ _ __ _ __ __ _ _. __ .___
/
JOSEPH M. BERNADEL
1901 CLINT MOORE ROAD, SùTIE [58
BOCA RATO~R.IDA3J496 .flo/£jy;-;¡¿ç
Telephone 5",1 &¡¡J.; ."" 561383-5465
E,n,.aiJ: .haiti.mJJ.~eum..JVi\oJ_CO!ll_: \Vebsìtt'_: W1.V'w,silkpase.r¡ct
OBJECTIVE
To promote education and fadllUlte dialogue on crosS-Cultural issues, race
reconciliation, diversity and leadership among residents Of o...r South Florida
community .
SUMMARY OF EXPERIENCe
Leadership experience as a U.S. Army Officer in Incœ¡¡singly respoll5.ble
and sensItive positions In The United States, AfriciJ, Asia, Central America alld
the Caribbean tor 22 years. witl", three years acti",!" duty on tJle Army Staff at the
Pent'agon.
Profexional experience as ð Senior Military Tnstructor with emphasis on
PerformallCt' Q,iellted Training in field (md dassroom envIronment. Experience
wit~1 aU aspects of cuITîculum delielopment, design and delivery of hundreds üf
hours of instruction.
Global competence as a US Military Attaché (soldier-diplomat) in three
foreign countries; acquired canœ¡'(ual and P:.ictlcal Knowledge ot Globalism as
comprising 't/crldwide systems of contemporan~usly infi;,,¡emlal ..vents, opt¡on~
and constraints: the human activity happening around the globe Is
int"rconnecbxt "Ind interdepEndent.
ExteoSNf' Interndtional travels ònd fluenCy in five languages; French,
Spanisn, Prll't1J9uese, Haiti;¡n-Creole, and f:ngllsh.
Prudential Youth leadeJ"',,¡hip National Trainer; received this highly
regarded certification by the Paints of ught Fouod¡.¡tio'L
A.nh ·OetamattO/'1 league (ADL) Dialogue Facilitator; a $ 1.3 Million grant
¡¡warded to ADL by the Quantum FOUI1dation of Palm Beach County underwrote
lh~ drive to tram teachers and students of Palm Beach County schools In ðntj.
bIas clod anti-dlsCrimlr¡atlon skills.
Extensive CommUlllty Service commitment in Palm Beach County.
Non..Prom managemenr and grant writing experience.. as CEO of ëI
Multicultural, not-for- profit Center.
Adv,xdte for Education ilnd Social Justice.
BIOGRAPHY
)
Personal: 3 year resident of Pain, Beach County; Married 14 years to Victoria;
two children
Education:
a. Graduate studies in Latin American Studies with a concentration in
Caribbean politics. University of Florida, Gainesville, Florida.
Successfully defended thesis (1992).
b. Bachelor In Sciences in Business Administration, Hawaii Pacific
University, Honolulu Hawaii (1984)
Professional accomDlishments:
Founder and Co-Director of the Toussaint Louverture Arts for Social
Justice High School, a Charter school scheduled to open in Delray Beach in
August 2001.
Founder and President of the National Haitian Coalition, Inc. a not for
profit organization dedicated to bringing together the more than 100000 Haitian
residents of South Florida. (2000)
Founder and President of the JODI Training Institute, Inc. a training and
management consultancy operating in Florida. (2000)
Founder and Vice-President of the Center for Training, Education and
Holistic Approaches, Inc (CETHA, Inc), a non-profit 501 c (3) organization
dedicated to the training and education of residents of Palm Beach County, using
a whole person (holistic) approach (2000).
Founder and President of the Haiti Museum of Arts and Culture, scheduled
to open in Delray Beach in 2004 as part of the Bi-centennial celebration of Haiti
independence. (1999)
CEO and Board president of the Milagro Center, a 501 (c) 3 Florida
organization dedicated to community development thru artistic endeavors (1999-
2000)
Graduate of Focus/Leadership Palm Beach County, an intensive
educational program devoted to teaching about the community issues, problems
and how the county functions (1999).
Trainer in Drug Prevention and Drug Demand Reduction curriculum, with
extensive knowledge on how to develop and sustain an action plan for a
community anti-drug coalition (1992).
Participant at the State of the World Forum (Oct1-G. 1999) in San
Francisco, a gathering of active worldwide community leaders supporting one
another in their ongoing efforts to envision and create a compassionate and
sustainable global civilization.
2
.,
CorDOrate involvement:
· 1st Vice-President for Government /Community relations, Delray Beach
Merchants Association, a consortium of minority merchants seeking a voice in
the development projects of Delray Beach West Atlantic Ave. (1999).
· Member, Delray Beach Chamber of Commerce (1999).
· Member, Steering Committee of the Delray Beach Downtown Business District
Plan (2000).
Community Service:
· Director, Lake Worth Community Development Corporation (1999).
· Director, World Centers of Compassion for Children, an initiative of Nobel
Peace Laureate Betty William to help orphans children worldwide (2000).
· Treasurer and Parliamentarian, Palm Beach County Charter School Alliance, a
lobbying group promoting the interests and issues affecting Charter Schools
in Palm Beach County (2001).
· Member, Palm Beach County School District, Executive Committee of the
Multicultural Task Force, charged with the development of the Haitian-
American Curriculum to be taught in all Palm Beach County schools (2000).
· Member, Palm Beach County School District, Safe Schools Task Force,
dedicated to seeking new ways to maintain our kids and schools safe from
violence (2000).
· Member, FAU-Quantum Foundation Literacy Project, aiming to bring literacy
to Haitian immigrants residing in Palm Beach County (2000).
· Member, FAU symposium on Identity, Exile and Migration: Caribbean Culture
and Arts in South Florida, to be held in March 2001.
· Member, Advisory Board of the Haitian-American Educators Coalition, an
advocacy group examining issues affecting Haitian students in Palm Beach
County (2000).
· Member, Haitian Studies Association, a University of Massachusetts/Boston
organization dedicated to the promotion of academic research on Haiti and
Haitian issues both from a disciplinary and interdisciplinary perspectives
(2000).
· Member, KIWANIS Club of Delray, a community service organization (1999).
· Member, Palm Beach County Cultural Council, Friends of Multiculturalism. A
support group for multicultural events in the county (2001).
3
,
· Member, Host Committee at the Norton Museum during the Jacob Lawrence
Toussaint Louverture series exhibit (2000).. .
· Moderator, Colloquium on Outsider Arts, The Levenger forum in Delray Beach
- A Palm Beach County Cultural Council sponsored event. (2000)
· Member, Community Chat of Delray Beach, a community group dedicated to
seeking, among other goals, peaceful solution to the conflicts between
Haitians and African-American youth (2000).
· Co-Host, Blacks on Blackness, a facilitated panel discussion with audience
participation discussing similarities and differences among people of color and
what it means to be Black (1999).
· Team member of Citizens Emergency Response Team (CERn of Boca Raton,
a team of volunteer citizens paramedics organized to support Fire and Rescue
authorities during periods of local emergencies (1999 - Present).
· Graduate of Citizen Police Academy of Boca Raton, an II-week educational
program designed to familiarize citizens of Boca Raton with the internal
workings of the Police Dept. and emergency services.
Recent Søeaking engagements I Dresentations:
· Jupiter High School, Peer trainers (lOtI1 and llt11 graders)
· Ughthouse Elementary, Teachers (all grades)
· Indian Pines Elementary, Teachers (all grades)
· Galaxy Elementary, Teachers (all grades)
· Palm Beach County Health Care District, Supervisors and Staff
· Comprehensive Aids Program (CAP), Supervisors and staff
· Fellowship for Ethical Humanism, Members and Guests
· Abbey Delray Men Club, Members and Guests
4
.,,-
. ~QílCl'Q. /
.../
DELRAY BEACH 0-36-rj
t I G . . . a
tI::8;d
All-AmerIca C1 CITY OF DELRA Y BEACH
'111t BOARD MEMBER APPLICATION
1993
2001
Please e or rint the folio information:
1. Last Name: 'De ( Ca $ / n D Name ::rö se f¡ M. 1. ::r.
2. Home Address: I Tv-a. è I ::#S~23 City /3ð !pl. -ft;"" -get( Úf s:r=L. ~ Code
1/7--1/ $. H, ItAf>' ?> 4-3~
3. L:gaI Residence: City State Zip Code
SJ:1Ht;; SHMG
4. Principal Business Address: City State Zip Code
/J11'f
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
ST./ 7:1S-+ÇBf:, SlfM Eo delCiUÎlfc(;I hDflll6; ¡.III/ ,.; /Ii
. c.þftf
6. Are you a registered voter? e~ If so, where are you registered? ~t..ð¡¿,t>11
I I 7. What Board(s) are you interested in se~Please list ~er of preference: "It ~(Ice t~Y'E4'fIi*v.(
I ~ ~Hf If) CIS I?etWe.If<U<I « CD_ #Jlrto~., J:/?II 1ft< OVl ...
'tJl.f/~ 8dðfTýu.sIetù... ~1H1II;'1c¡ ~ev Iht.f ¡,ÞVt!yJ nu¡ ~ -Ikl<4..:f l}u&o;,
8. list all ..5~~ards on wruch you are currently serving or have prev;ously served: (please include dates)
9. Educariom1qualifications:~ 'lèfre.t!., Clh¡ PI(1I1IIì"!J~ (j"IVo-f lt2hl1.s:JlllnU l<tj
'Bd..t:Md Þr~ r-G-t!., fie 011 DHt fc.$ " 'ß,YOWI1 tJHlve~(
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position: Vice f1.eSIlJeK:t" / ~k({l felsð ú~ lA./oPk.1 ~
·t-.::Jéu œ fie ¡;11 ve.I~ 1l~
J
12. Describe e~riences, skills or knowJedge wruch qualify you to serve on this board: (please attach a ~f resume)
-¿':}. eAv1; .... ~ 111 111 ve$.~ a..~ I"èAl eslak - V~
C.~fè.~ ~(£slt<k.::t,.</es~ o+A~e-y of f/~ bJl/rÎ'" ~S./~ .fJ.<¡t-td.j -PÞVIMØv
Ø?Ce.c.ufw4.. 6() Ut~ ~ flV"M
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeirure upon my parr of any appointment I may receive.
~ .~ ?-1, UlV3.
DA
co., ThJ. .ppli~ri= will =,;" = @, m oh, en, CIok'. Offiœ", Ii'"' of ~úom oh< ,",,;,~.
submitted. It will be the applicant's responsibility to ensure thaR, Gfë4j is on file.
S'CITYC1.D.K\BOARD\APPUCA nON
?~ ~ k ~ &Æa...t:A! MAY 302003 5/t'!J 1('\'\
___"" "" I"! 0 II'
·
Jose lh J. Del Casino
11211 South Military Trail Allt #5523
Boynton Beach, Florida 33436
Home (561) 738-4586
Jdelcasino@hotmail.eom
SUMMARY
Senior investment professional with 20+ years undetwriting experience in real estate and alternative investments as
principal. advisor and consultant. Proven track record in developing profitable. long tenn investor and institutional
relationships. Substantial transaction and portfolio management experience.
CAREER EXPERIENCE
Acted as principaL advisor and consultant for real estate investments, mortgage lending. private equity and venture
capital investments.
Extensive transaction and portfolio management e~-perience including managing a $6 billion national real estate
portfolio and $3 billion in real estate acquisitions and mortgages.
Business development and marketing experience with institutional and high net worth investors.
Private and public sector experience with large and small organizations.
Hired, trained and managed professional staffs.
Excellent presentation skills.
PROFESSIONAL AFFILIA nONS
INDEPENDENT CONSULTANT, New York, NY 2000 - 2001
Private Investment Fund Advisor to SCHIEFFELlN & SOMERSET COMPANY, a joint venture of Diageo PLC
and Maet Hennessy' Louis Vuitton. Directed strategic development and implementation of a venture capital
investment program as part of a strategic marketing canlpaign.
DONALDSON, LUFKIN & JENRETTE. New York. NY 1997 - 2000
Principal, Director of Real Estate Investments. DLJ Asset Management Group
Joined DLJ initially to create an infrastructure for managing the dramatic growth of its alternative investments
program. and ultimately to direct the creation and management of its real estate product line.
NEW YORK STATE COMMON RETIREMENT FUND, New York. NY 1990 - 1997
Chief Real Estate Investment Officer (Underwriting Manager) and Director of Real Estate Investments
Joined the Fund initially to restructure its real estate investment program, manage the underwriting of all new
investments and ultimately to develop and e"l'and its investment scope and strategy.
CUSHMAN & WAKEFIELD REALTY ADVISORS, INC., New York. NY 1986-1990
Assistant Director. Portfolio Management
JONES LANG WOOTTON, New York, NY 1981-1986
Senior Investment Associate
PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC., New York, NY 1980
Project Manager
" .. .
Joseph J. Del Casino Page 2
Member of the Urban Land Institute (ULl). Pension Real Estate Association (PREA). and the International Council
of Shopping Centers (ICSC)
EDUCATION
UNIVERSITY OF PENNSYLVANIA, Pltiladelphia. Pennsylvania. 1980
M.CP.. Master of City Planning
Substantial course work at TIle Wharton School
University of Pennsylvania Research Fellowship. Full scholarship. 1978-1980
American Plarming Association Award for highest scholastic average in plarming program. 1980
William L.C Wheaton Award for scholastic achievement. 1979
BROWN UNNERSITY, Providence. Rhode Island. 1978
A.B.. Economics and Urban Studies
Brown University Scholarship. 1974-1978
NEW YORK UNNERSITY, New York. New York. 1981-1983
Real Estate. Appraisal. Investment, and Finance courses.
LICENSES: Series 7
PUBLICATIONS
Numerous articles in business and real estate publications including Barron's. TIle Aooraisal Journal. Urban Land.
Real Estate ReYiew. and Real Estate Issues.
Member. Editorial AdYisoI}· Board. TIle Handbook of Real Estate Portfolio Management (Irwin) and author.
Chapter 23, "Portfolio Diversification Considerations:' 1995.
KEY WORDS
Real Estate. Mortgages, Lending, Sub-prime and Non-confonning Lending, Alternative Investments. Private
Equity, Fund of Funds, Institutional Investing, Underwriting. Acquisitions. Loans. Financings. Sales, Asset
Management. Portfolio Management. Joint Ventures. Marketing. Business Development. Valuations. Appraisals.
Financial Advisors.
~. ..
Jun 27 03 01:57p p.2
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~
CITY OF DELRAY BEACH
"lIt BOARD MEMBER APPLICATION
1~9J
2001
eSm 101.1<:2
2. Home Ad e'~ Y)d~ ~/h"1 City s.tate ZiJ C"t-
S .3 PI. s 'IS'
3. Lq;a.! R~5jdc:ncc; City Sa", Zip Code
Sa.M e. as abD µ '<-
4. Principal Business Address: Cit}· State: Zip Code
¡ J//ð.E. 13ð ,I) I-M &4(!h B/t/d E(J n-h:,;¡ &at!./¡ FI 3<fSS-
5. Home PhO~c~ne siness Phon . '1CO E.~ail AddIess: : CeJJ Phone: Fu: 5~¡
I 81~ 1.-\" (,{-'9.5-93J..7. 73<1-6<f'lS-
W ~J'l~'" 3:: '1(. - "
6. Are you a rcgistercd voter? yes If 50) whct': UC: you regisltfed?~/~ 73ed
7. \X1},:n Bo.ar¿(s) ip.tcrc$ted in stning? Please Us': in e.r of rcnnu: . Aof!Jð¡. 17--
e 4- t)o,s¡n
8. wt a.lJ City Boards on which you are c:une.ou), $Cf'\-ing OJ have: previously served: (pJuse include: ¿it~s)
9.
10. Li" any rclned profession:aJ ce=ùfications and liconses which )'ou ho ¿,
e",J bee... Q-f+41!. ed...
12. Describe experience" skill, or ]mowJedg<: which quolify you to ocrvc OD this board: (plesse att2Cb. brief resume)
'/eæs.e. S'e>e q fflð ¡ Y!
J hereby cc:rát)· ùu( all the ..bove StátetnCOtS arc. U'Uc., and I agree and UDderso.nd that. any :ZÙ'$~ent of n::uteti.aJ: Ca.cu
com.ained . $X )j a 'on, may cause (o:fdture upon my put or any .ppoinane.nt I may receive.
6Þ?/o3,
DATE
No<c: This applicacon ",-:ill remain on ñJe in rhe City Clerk's Office for a period of 2 YC2IS frorn rho dare it was
.ubmitted. It will b. rhe applic=t's re.ponsibility to ensure tlut a currrnl application is on fiie.
«m"a.øx~,..."'PtJC" now
RECEIVED
JUN 27 2003,
CITY CLERK
-
Jun 27 03 01:57p p.3
EDWARD C. DESMOND
5473 Grande Palm Circle ..
Delray Beach, Florida 33484
(561) 496-3596
PROFESSIONAL EXPERIENCE
1999 - Present CARDINAL FURNIruRE, L.L.C., DelTay Beach, Florida
Owner
] 996 - 1998 C.T.P. FURNITURE, Stratford, Connecticut
Vice President - School Division
]989-1995 DMS ASSOCIATES, Fairfield County, Connecticut
Management Service Consultant
] 987 - 1989 TOWN OF WILTON. Connecticut
First Selectman (Elected Office)
]977 -= 1983 WIL TON PUBLIC SCHOOLS, Wilton, Connecticut
Director of Management Services
] 972 - 1977 WESTPORT SCHOOLS, Westport, Connecticut
Comptroller
]965 - ]972 DANBURY PUBLIC SCHOOLS, Danbury, Connecticut
Assistant to Superintendent for Business/Finance
1964 - 1965 soum SCHOOL, New Canaan. Connecticut
Teacher
PL YMOUm ST A 1E COLLEGE, Plymouth, New Hampshire
1959-1960 Principal of K-8 Laboratory School, and
Director of Student Teaching
1957 - ]959 Supen'ising Teacher
]955- ]957 CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire
Principal
1954-]955 PINE TREE SCHOOL, Center Conway, New Hampshire
Teaching Principal
--- --- ------,
-
Jun 27 03 01:57p p.4
.
1960- 1964 Owner-Real Estate/Construction Business
Plymouth, NH
Park Commissioner
Plymouth, NH (Elected Office)
Precinct Commissioner
Plymouth, NH (Elected Office)
Alternate Representative from Plymouth, Nfl
to House of Representatives
t959- 1960 Principal of K-8 Laboratory School, and
Director of Student Teaching
Plymouth State College, Plymouth, NH
1957- 1959 Supervising Teacher
Plymouth State College, Plymouth, NH
1955- 1957 Principal
Conway Elementary School, Conway, NH
1954- 1955 Teaching Principal
Pine Tree School, Center Conway, NH
EDUCATION
1970 - 1972 National Association of School Executives
]966 - 1968 University of Bridgeport, c.A.G.S.
1956· 1958 Boston University, M.Ed.
1950 - 1954 Plymouth State College. BS
References available on request
Mar-Ol-04 10:5Tam From-WASHINGTON MUTUAL +5616898506 1-470 P_OZlDZ F-TB6
ffíìr ~ahCI'~
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CITY O.F DELftA Y . BEACH
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BOARD fIIIEMB.ER AI'PLlCATION
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.-
g. Educational quaJi66..rioDS:
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10. Use any :rd2cCd pro£cs1i.ion:aJ cerd:6:ations aJ:Id lìc.cnscs "W"hicb. you bcJd; -.
u. Give ýovr prc.rlicn~ or most: .rc:cc:nt q:nploy~,..aDd posidon:
~ ~ ,A- _:J-/..f'~~ //?~ ~<"",,""""'--í. -
~ Dcsa:ib~ o:pai~ces.. dWls or ~ w.bic::h qg.:i1ify yoU! m serve on d: is boud:.(PJ.c:asc aa:acb . brief ft:sI:I:mc)
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c:oØUÌDcd in 'this ~p1iOl.åOD. t::rJ.Ø:y Ciuse - £cii"ciÙ&:n:: 1.1pOtl my ~ of any _ppoimJDCD.t I ~y ttedvc.. .
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No",: ·Thì. appliutJon will rcm2in OD tile in o:h" City Oak'. Office £or 10 period of 2 y= hom me chto it 'Ð>:1S
subaùttcd, It will be the. .app1ic:al'u:.... :£C:$pon.sibIlity 10 c:I.StJ.t'C': 1::b.2:r: ~ C=U:tn::n:t: sppJia.åon u on file..
. ~¡~l.~
RECEIVED
MAR ...:1 2004
CITY CLERK
5.('J 1M
- - - ~ -- ~
. 767 Nonbwest 37th Avenue
- Delr'8Y Beach, F10rlda 33445
(407) 499-4578
il!.MMARY OF OUALmCATIONS
,
· Positive "can do· attitude
· Organized and innovative
· Excellent interpersonal relations
· Effective written communication slcills
· Adaptable and flexible
· Ability to remain c:aJm in stressful situations
WOI!K..EXPERIENCE 12/1/92 to present
AMTRUST BANK, LOAN OFFICER, BOCA RATON
CALIFORNIA FEDERAL SAVINGS" LOAN 4/85 to~ 11/92
8Branch Manaeer . Pompano Beach
(1987 to present)
" Management responsibilities include operating budget and staff, ensuring
complete customer satisfaction while controlling expenses
" Create customer awareness by developing and implementing marketing
programs and soliciting outside business
· Branch consistently achieves over 100% of production goals
· Provide high customer service levels emphasizing problem resolution and
staff development
· Increased deposit base from $12 million to $51 million
· Received several "Branch Manager of the Month" awards
8Asslstant Branch Manager. Boca East
(1986 to 1987)
· Assisted in all operational areas of branch management
8F1oater. Browan:J and Palm Beach Counties
(1985 to 1986)
· Involved in teller and savings functions for branches within Breward and
Palm Beach County
FIRST BANKERS. Marpte, FL 11/83 to 4/85
-Head Teller
· Controlled daily operations
· Supervised staff of 5
· Conducted staff and training meetings
· Provided customer service
· Minimized losses
. .
.
~
UNIVERSITY OF TOLEDO . Toledo, Ohio !
Bachelor of Business, 1982
-
_._--
DElRAY BEACH .8f'Cfjk.r / !J¡a:nc;
itr.8d
Ó -.Jc? t/Ó
AJI-America Cn; CITY OF DELRA Y BEACH
'tllt BOARD MEMBER APPLICATION
1993
2001
Please infonnation:
1. M.I.
2. etA UAJE' State Zip Code
~~ -3:3 6"-3
3. Legal Residence: State Zip Code
~ A-\'o~
4. PrincipaJ Business Address: City State Zip Code
5. E-Mail Address: Cell Phone: Fax:
{ ZJ;)Þ
6. Are you a registered voter?
7.
8. re currently serving or have previously served: (please include dates)
NO Ale-
9. 5~òl ~C-Ls\r\.I'~ .~
l'c£" t<-N
10. List any related professionaJ certifications and licenses which you hold:
,
Note: This application will remain on file in the City Clerk's Office for a 'period of = from the date it was
submitted. It will be the applicant's responsibility to ensure ~~~ 'on is on file.
MAY 3 0 2003 5J;;vooYfhucAnoN
r.ITY CLERK
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DURAY BEACH f¿b/¡ ( ~1l¿-dZ
f . . . . . ..
tdtd :5 éJ !) <::0
All-America c; CITY OF DELRA Y BEACH
'111t BOARD MEMBER APPLICATION
1993
2001
Please type or pnnt the folloWllUt informanon:
1. Last Name: Name M.l.
Gapinski Stefanie (F, not PH)
2. Home Address: City State Zip Code
2940 SW 22nd Circle #9B Delray Beach FL , 33445
3. Legal Residence: City State Zip Code
as above .
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
561.276.4152 561.297.0035 gapinski@fau.edu 561. 302.0595 561.297.2058
6. Are you a registered voter? If so, where are you registered?
ves Palm Beach County
7. What Boardg) are you interested in serving? Please list in order of greference:
Delray Beac Housing Authority, Affordable Housi g Advisory Committee, Kids and Cops
8. Üst all Cit)' Boards on wruch you are currently ser\'ing or have previously served: (please include dates)
2002-2003: Pedestrian/Bicycle Task Team
9. Educational gualifications:
B.Sc.
to. list any related professional certifications and licenses which you hold:
1 I. Give your present, or most recent em¡,loyer, ~d Eosition: . .
Dorothy F. Schmidt College of rts an etters, Florida Atlantic Un~vers~ty
l'os~t~on: vooru~na[or 0< l'UD.UC runcuons
12. Describe experiences, skills or knowledge wruch qualify you to serve on this board: (please attach a brief resume)
qpp resume
I hereby certify f!:1' all the above statements are true, and I agree and understand that any misstatement of material facts
con~' lication may cause forfeiture upon my part of any appointment I may receive.
./1/
5-28/03
SI~TURE DATE
Note: This application will remain on file in the City Clerk's Offi~~VM'1 ,),oars from the date it was
submitted. It will be the applicant's responsibility to ensure at a current ap§lication is on file.
J UNO 4 200 J'CtTYCUJU<IBOAlUJW'PUCATION
CITY CLERK f/t'5 1M
STEFANIE GAPINSKI
SUMMARY OF QUALIFICATIONS
.--.,-.---"
A specialist in university public relations, marketing and communications, as well as project
management.
EDUCATION
B.Sc. St. Bonaventure University St. Bonaventure, NY
PROFESSIONAL EXPERIENCE
--.--. ___.__,. .,_.__._.._._'____.m.___
1998 - present Florida Adantic University Boca Raton, FL
Coordinator of Public Functions, Dorot/Jy F. Schmidt College of Arts and Letters
· Responsible for overseeing the visiting scholar program; managing the Ph.D. in Comparative
Studies Public Intellectuals Program; handling special projects for the Dean and the Associate
Dean for Research, Graduate and Interdisciplinary Programs.
1992 -1998 University of Manitoba Winnipeg, MB
Assistant Director, Centre for Higher Education Research and Development
· Responsible for the overall management and operation of the Centre, a national R&D center for
higher education, as well as for the organization/ marketing/management of leadership
development programs for university administrators from around the world.
1992 University of Manitoba Winnipeg, MB
Assistant to the Executive Diredor, Universiry Relations Division
· Seconded to handle special projects as assigned by the President of the University of Manitoba.
This included serving as the Province of Manitoba media liaison for the Canadian Governor
General's Centennial Celebrations.
1984-1992 University of Manitoba Winnipeg, MB
Information, Communiry and Media Relations Officer
· Responsibilities included establishing and maintaining the university's media relations program,
organizing the annual university open house, and managing the university's Information Center as
well as the Speakers Bureau.
INTERESTS AND ACTIVITIES
----
Volunteer work at orphanages in the Dominican Republic; stain-glass artistry; saxophone; fitness;
snorkeling; challenging my physical and mental abilities with such activities as bungee jumping and
white water rafting.
590 LAVERS CIRCLE #235 . DELRAY BEACH, FL 33444
PHONE 561.297.0035 . FAX 561.297.2058 . E-MAIL S_GAPINSKI@YAHOO.COM
STEFANIE GAPINSKI
ACHIEVEMENTS
Recipient of a University of Manitoba Outreach Award for contributions to the community-at-large
and for efforts to increase contacts between the university and the general public; one of the fIrst
professional staff members to receive the award.
Appointment as the Province of Manitoba media liaison for the Canacfu¡,n Govemor General's 1992
Centennial Celebrations.
Fellowship recipient from the Council for the Advancement and Support of Education District V,
the only representative from Canada out of 10 recipients awarded the fellowship that year.
Member, Marketing and Public Relations Committee of the St. Boniface General Hospital Research
Foundation, Winnipeg.
Member, Board of Directors, Independent Living Resource Centre, Winnipeg.
Chair, Public Relations Committee, 1988 national conference, International Association for
Business Communicators.
Recipient of two grants, totaling $5,500, for volunteer work at Dominican Republic orphanages in
2000 and 2002.
Annual volunteer, The Delray Affair in Delray Beach and Sunfest in West Palm Beach.
United Way 2001 Coordinator for the Dorothy F. Schmidt College of Arts and Letters, Florida
Adannc University.
Member, 2003-2003 Pedestrian and Bicycle Task Team, City of Delray Beach.
590 LAVERS CIRCLE #235 . DELRAY BEACH, FL 33444
PHONE 561.297.0035 . FAX 561.297.2058 . E-MAIL S_GAPINSKI@YAHOO.COM
Stefanie Gapinski
Stefanie Gapinski is the Coordinator of Public Functions in the Dorothy F. Schmidt College
of Arts and Letters at Florida Atlantic University, where she administers the Ph.D. in
Comparative Studies Public Intellectuals program, oversees the visiting scholar program, and
works on special projects for the Dean of the college.
A specialist in public relations, marketing and communications, Stefanie received her
Bachelor of Science from St. Bonaventure University. After receiving her degree, she moved
to Canada where she worked over 20 years at the University of Manitoba, holding positions
such as the Information, Community and Media Relations Officer; as Assistant to the
Executive Director of the University Relations Division; and as the Assistant Director for
the Centre for Higher Education Research and Development.
Throughout her career, Stefanie has received many distinctions. She was the recipient of a
University of Manitoba Outreach Award for her contributions to the community-at-large
and for her efforts to increase contacts between the university and the general public - one
of the first professional staff members to receive this award. She also received a fellowship
from the Council for the Advancement and Support of Education District V, the only
representative from Canada out of 10 recipients awarded the fellowship that year. And in
1992, she was appointed as the Province of Manitoba media liaison for the Canadian
Governor General's Centennial Celebrations.
Stefanie believes in the importance of giving back to one's community, and so she has
volunteered her time for organizations such as the Boy Scouts of Canada, a hospital cancer
research foundation, a food bank, and the independent living movement for persons with
disabilities.
Lately, her volunteer efforts have focused on under-privileged children in developing
countries. Since 1999, she has volunteered annually at three orphanages in the Dominican
Republic, and in January 2002, spent one month there to help a child with his language
development.
Stefanie's strengths lie in many areas: organizational ability, interpersonal communications,
marketing and public relations, and financial aptitude. She is a person with an "I make it
happen" attitude who has the ability 'to get things done."
-----------
-
- f,t?;/k,-
1";J-05
DURAY BEACH
~bad
All-America c; CITY OF DELRA Y BEACH
'tilt BOARD MEMBER APPLICATION
1993
2001
Please e or rint the {oUo
t. Last Namefj; fr ¡2J.( £Lr2-0 }, M.l.
2. ]j0me Addr~s: /¡¿s; N'Z- ~ Code
O:J.. W
3. Legal Residence: City Zip Code
3 A- j/?/ 2-
4. Princip~USiness Address: Ci State Zip Code
30// /1-/!;, tJ 7JS;t4 5.. A-b htybM- (2.4ìol1 FL 6:' l/ ?it
5. Home Phone: Business Phone: E-Mail Ad~ess:kh 1 Cell Phone: Fax:
6b/ J¡9 <;;717 5& / 7o;}... 7 ?>oo i3 11/7 ¿ ,7'ée' rn 5f:, OOd- 730D 56/ ()71 8 7/~
6. Axe you a registered voter? '-1 t£- S If so, where are you registered? Z- / J2{j
7. \};'hat Board~arc you interested' serving? Please list in ender of preference: /76- ð
ó") fi ¡:2.::þ Cž: . I /7 1-/5
t--filUb A c"" Ifl"ð
A 11 .:J,q ¡::'''' /
".. ...,
8. List all Ot)' Boards on ""lUch )'OU are c:urrc:ntl)' smoing or have previously served: (please include Mtes)
9. Educational qualifications: I-! /6'-1-1 <;;ChÓð
10. List an)' related professional certifi 'ons and licenses w . ch you hold:
CZ - ;4 l-'-
12. Desaibe experiences, sItills or knowledge wlUch qualify you to serve on dús board: (please attach a brief resume)
:;l D '1;:2.S ~A ~A-L--TJX2---
£5 /J1'iÞl2Iï1f1-< IhfJ rf¡ :;;~ Zf-~'Z.- Foßdl-¡J "Z- 1-16 ~/ "t /0 r)
Ie Lbo ¡o
J hereby certif}' Wt all the above statements an aue, and J agree and undemand that any misst1tement of material factS
co'} . ed in t/ús app'lication ma cause ~ d!Ute upon my pan of anËtBoinanetU J may receive.
j . /'11. C' . RECEIV j_). 3 - O~)
SIGNATURE JUl 24 2003 DATE
Note: Ths applicarion will remain on file in th~~or a period of 2 years from the date it was
submitted. It will be the applicant's res . ute that a current IFplicarion is on file.
1'CJI'Ya.ax~T1ON
02/13/2004 17: 11 FAX 141002/002
RESUME FOR PEARL BUNNY MARKFIELD
ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER
(14 Yrs)
REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimillion dollar producer)
PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION
(4 yrs)
BOARD MEJv1BER PROGRESSIVE RESIDENTS OF DELRA Y (2
YEARS)
MEMBER SWINW REDEVELOPMENT TASK FORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR THE
NW/SW REDEVELOPMENT TASK FORCE)
MEMBER DELRA Y LOOP
a.CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING
OF LOOJ[>-PICKING UP GARBAGE IN SW/NW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW
ING WEEKS OPENING CEREMONIES
MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO
CEN1ER.
/'
DElRAY BEACH 1:-f {)J
I . .. . . .. ..
tw.e.d ,j Iki
AII-AIœ1caClly CITY OF DELRA Y BEACH ~é'a
" II J!
BOARD MEMBER APPLICATION
1993
1001
Please eor rinr the followin information:
1. Last Name: ilL v'E12 Name C' ,cc 'ì ;' ,- ,---, M.l.
.' ,1",·' . è-, .---
- 'j '"".. '---
2_ Home A<J.Qress: City 'ì_" (&~;:-rCP Staj;Ë Zip Code
,,2 -}. f' ( . ex,;;;' /~/ 7l::.-I'/-(jÇ C(-)i: ,Úc-"_./,,/fS·· f-¿ 2j"'/'S<r
. .....,- -- "-.- ,¡ '--
3. Legal Residence: City State Zip Code
?r)_p" (1 QJ/, /17 '~'1f"-ë';-- C>')(L '~~)t:a"¿ /)-7:-> /J (~.:;-;:?JC':''¡;· '/i ?7yl,(7
t::,/- \ è._ C- ....._ I . - ~-'
4_ Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
<;:b/ - 2ìv-- rf'¡,r's. ~?c> / - VJ1-.? '22,;/ /~.¡ .;' '"í1i 'ìi' /(b¡ ~)¿ L.?:; )~'? \~-!.~l__ 2 ;~r'-/? q~
L_J1r'l\ire/ 2:-- .f~f Vé/j"7Û,jje,¡ ('¿)I'~
6. Are you a registered voter? 'Uu If so, where are you registered?
7. What Board(s) are you interested in serving? Please list in order of preference: /1, _ -.h "---;1'...,. ~7 J --.~.
.:Jt jI } l'fA k_-,;J /\¡¿.d ,rv¡c/I?
·./'~-·V -"'IV I
t f1!'')f''''-U-)~-<i~ ,
'J
hA-zf.v" A,J ~- . ,_'2,~~"tj
b, ') .¡ / "', ' <::þ . - .-'...·t! ''''v' (I
?'I. '" I' c...-~.' ~ - -" i/
8. Ust all City Boards on wruch you are curr"ntly serving or have 6~eviously served: (please include dates)
/(/r::lr 7
¡IV/iS{:.. . e:NC'¿/ '/7'!'7/¿ {,t;; ¿ /{/r r"( (;::}L;Li.~.:' ;:'70¡,;_;""·~:/C !-,ÐLß'-/ C¿'(/.,--~'7"í" /-_;"r77¿VC::0:'J
9. Educational qualifications: ,
hi'Þ IcÞoù¿ ,1Y'2.Di7 rf AJ tv' ',:i9;:/?/77v '";::' ¿rl~j ,.£k" i'(!¿'b ' Ý"~'.' ~."
;!'f7,..d..1 /·v ¡ ~".-',,:>"_?r... ---;7
10. List any related professional certifications and licenses which you hold: {g:'/7r"'"=J ·'17hZ/(;Z; ¿7¿ (Æ8V'"' b .'''~
31ij;ýc~ (j '-',¡.(.; /Îu J-1LJ ¡!t:::7rz- r; -""be: Sv1~ë~7 ¿ ¡CéZ--./c:;- //\/ ~::¿-::'';'¿r¿//-) //1./ / t!.I,
11. Give your present, or most recent employer, and position:
RiÇ71?>TZ' .e_ D/ ;;, /!F- &,7?( r-" __ ¿;r <i~'~Y8 /7 :
¿Á',(;C¿<.-7cð7 .,"'iT'?:;"'..,..!
12.. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
,
- ;{- 'ð' CilJ
I hereby certify that all the above statements are true. and I agree and understand that any misstatement of material facts
containe4 in this application may cause forfeiture upon my part of any appointment I may receive..
{ß/;'" ;¡;;, / if' fl,UJ
SIGNATURE !
REALTY
Note: This application wi: EX!>crJTIVES ! years from the date it was tf/l!7 /,...,
submitted. It willI plicati°rt~V&@TION
Realty Executives of Boca Raton
® 21301 Powerline Rd., #209
Boca Raton, FL ]]4]]
Bus: 561-479-3224 AUG ....f' 2003
@ Res: 561-274-8153
CHRISTEL SILVER, P.A. Fax: 561-243-1390
Celtified ResidemiaJ Specialist website: www.silverhouses.com r.ITV r.1 I=R (
r.....;ç;....J D..~;...~_.;_I A____'___ '"'_ _-L _, -. .=..
~
Christel Silver
278 E Coral Trace Cir
Delray Beach, FL 33445
Tel: 561-274-8153
Fax: 561-243-1390
Cell: 561-302-9773
Resume
Education: High School Diploma at Sequoia High School Redwood City, California
as Exchange Student ftom Germany in 1960
High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963
Graduate ftom Law Academy in Berlin in 1966
AdrninistÌator of Justice ftom 1966-1985 working at the Court Houses in
Berlin, Essen, and Essen-Borbeck, Germany
Real Estate Schools in Maryland, Washington DC, and Florida
Licenses: Associate Broker in Maryland #81131 since 1985
Realtor In Florida # 60690952 since 2000
Certified Residential Appraiser in Maryland # 7102 since 1991
Notary Public in Maryland ftom 1986 until 2001
Fair Housing: Member of the Fair Housing Committee at the Montgomery and
Frederick Association of Realtors 1990-2001
Chairperson for the Fair Housing Committee in Montgomery County
in 1995
Member of the Interagency Fair Housing Coordinating Group 1995-1997
Washington DC HUD Task Force member for Fair Housing
Voter status: I am a resident alien in the process of applying for my Naturalization
looking forward of becoming a registered voter.
Membership: Greater Delray Beach Chamber of Commerce
German American Chamber of Commerce
International Business Council of Palm Beach County Association of
Realtors
Membership Committee of Certified Residential Specialist (Chairperson
of the Florida Chapter)
r2~lJ~J{'i/ _!l..g.!8-~J
, Christel Silver Date
05/18/~I)O"" 14:08 55 18E.sÍ:JO[1~ ~HLI~-IS PAI3E ß~
lð-~
COIt6« ) Je¡.JJ Rh,' (
Please tvoe or orint the followiDl! iofonnatlon:
1. Last Name' Willis Name: Judith M.L B.
2. Home Address: \3615 KiJtie Ct City D~lrav Beach State FL Zio Code 33446
3. LelrRl Residence' Same as above City Delrav Beach State FL LiD Code 33446
4. Prindoal Business Address: N/ACity N/A StateN/A Zio Code N/A
5. Home Pbone;561/865-8002 Bus. Phone: NI A E-mail; iudiiívwilkis. net
Cell Pbone: 561/414-9478 Fax; N/A
6. Are YOU a re1!istered vO)ter' Yes If so. where an YOU re1!btend: Precinct 5044
Pollinlll.Ç>cation' Fire State #42 Hall.en Ranch Rd
7. Wbat (Board(S) are YOU interested in servin2? Please list in order of reference
Affordable Housíml AdvisorY Committee (non-resident member)1
Delrav Beach Housing. AuthorÌ!Y-
8. List all city Boards on wbich ,rou an curnntly servin2 or have Dreviouslv serve<l:
(Please include datø) N/A
9. Educational Qualifications' M.Ed Counselin¡¡: CAM (Communitv Assoçiation
Manav.enl"nt ('nurse (cOlnpleted 5D 6104: plan tp sit for licensinll. exam next lJIonth)
Foundation Center Seminar in GrantsmanshiD
10. List anv related orofessional certifkatiO)ns and license/! which YOU hold;
Massachusetts Real Estate Licens,;: Graduate Citv ofDetrav Beach Residents Academy
11. Give your øre.eøt.. or most rp.c~nt. ~mDlover. .nd nOAition:
Consultant SDC Inc, (a ÇQmmunity multi-service allencv serving refullees and
immigrants). Jamaica Plain. MA:eart-time SIIles Burdines Wellinllton. FL
12. Describe e1Deriences. skills (~r Irnowledlle which Qualify YOU to serve on this
board; (Please attach a brief resume); Professional work exoerience related to
eligibility reauirements oflow income. minority (linllUistic. racial IInd cultural) refullee
and immi¡;¡;rant ¡x>pulations from 8. broad geographic speçtrum.
I bereby certify that all the above 5tatemenU are true, and I agree and undentand
that ItIlY nti:sstA[ement of mater1~1 fact' contained in thi~ application utA,.- cause:
foñeiture upOn my party of any appointment I may receive.
~I.LtJ,-·~ January 13. 2004
S NATURE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years
from the date it wss submitted. It wm be the spplicsnt', responsibility to ensure tbat s
current application ¡" on file.
.,
Judith B. WiJkis
13615 Kiltie ct.
Delray Beach, Florida 33446
(H) 5161865-8002 (Cell) 5611414-9478 judi@Wilkis.net
REAL ESTATE SALES
ERA Morrison Real Estate, Acton, MA
Beverly Brown Real Estate, Stoughton, MA
Cameo Realty, Stoughton, MA
Kiennan Real Estste, Randolph, MA
Real Estate Salesperson
· Listed and sold residential real estate (single fumily homes, condominiums, multi-fàmi1ies)
· Listed rentals and secured rental properties for Section 8' s (low-income fumilies) and
others.
MANAGEMENT
SDC,lnc" Jamaica Plain, MA
Management Consultant in the areas of Employment and Training,
Lçadership and Staff Development
· Coached the Executive Director in perfonnance planning for a community service agency serving low-
income refugees and inunigrants.
· Conducted staff development wOIkshops and developed individual work plans to improve overall
organizational perfonnance.
· Established all administr¡¡tjve and reporting systems and oversaw Director's position for Employment
and Training Department in accordance with funding eligibility and þerfonnance requirements.
Intemationallnstitute of Boston, Boston, MA
EmploYllll!llt Services Coordinator
· Managed the Employment and Training Division of a large multi-service agency serving low- income
immigrants and refugees.
· Provided direct service to employment clients, and supervised activities and job perfonnance of job
developers, counselors, volunteers and student interns.
Merrimack College, Office of Career Planning and Cooperative Education, N. Andover, MA
External Corporate Liaison/Career Counselor
· Developed employment opportunities for Cooperative education, patHime and pennanent placements
through job fiúrs, site visits to corporations, and other recruitment vehicles and presentations.
· Counseled and placed progr.¡m participants.
· Cited for two consecutive years of outstanding perfunnance in the expansion of the co-op progr.¡m.
I
.t'rovidence College, School of Continuing EducAtion, Providence, RI.
Assistant Dean
· Counseled potential students, transferred credit, and provided career and academic counseling fur new
and continuing students.
· Institute student services including peer tutoring, a drop-in writing center, study skills and time
management workshops.
Boston University, College of Engineering, Boston, MA
Director of Professional Practice Program (Cooperative Education)
· Directed all aspects of a federally funded cooperative education program that received five continuous
years of funding befure being incorporated into the College's curriculum at the end of the outside
funding period.
Bentley CoUege, Evening Division and Summer Sessions, Waltham, MA
Director of Student and Academic Support Services
Assistant to the Dean
· Oversaw admissions, aqWenùc advisement, matriculation and acadenùc monitoring of approximately
3500 certificate and degree candidates.
· Developed and managed budgets for publications, student organizations and student services.
· Significantly expanded the services available to evening division students by the College.
EMPLOYMENT
mSTORY 2003 - 2003 ERA Morrison Real Estate; PT sales Burdines
1999 - 2002 SDC, Inc.
1995 - 1995 Boston University
1993 - 1995 Merrimack College
1991 - 1992 Providence College
1988 - 1991 Boston University
1985 - 1988 Beverly Brown Real Estate, Cameo Realty, Kierman Real Estate
1983 - 1985 InfuServe (fàmilyowned start-up business)
1977 - 1983 Bentley College
EDUCA'110N M.Ed., Counseling; B.A., Philosophy, Boston University; Foundation
Center Seminar in Grantsmanship, Real Estate Salesperson Course,
Delray Beach Residents Academy
)~NT LICENSES
Mass. Real Estate Salesperson License 2003
2
·
ORDINANCE NO. 14-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN
THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING
ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME
NEW DEFINITIONS RELATING TO SIGNS; AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING
SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A
NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A
SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority
to protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish reasonable regulations for the posting of signs on
public and private property in order to prevent safety hazards and protect property values; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to provide consistent sign regulations governing places of worship
to avoid making existing signs nonconforming and based on allowed secular criteria as permitted
by the Religious Freedom Restoration Act; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to have a single, combined and updated sign ordinance in order to
ensure fair and consistent enforcement of sign regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(D) and (E) be
repealed in their entirety.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed
in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows:
~'\~
~ \(J ~f\
Section 4.6.7 Sians
(A) Purpose: The purposes of these sign regulations are: to encourage the
effective use of signs as a means of communications in the City; to maintain and enhance
the aesthetic environment and the City's ability to attract sources of economic
development and growth; to improve pedestrian and traffic safety; to minimize the possible
adverse affect of signs on nearby public and private property; to foster the integration of
signage with architectural and landscape designs; to streamline the approval process by
requiring master signage plans; and to enable the fair and consistent enforcement of these
sign regulations.
(1 ) Communication: Signs should not deny other persons or groups the
use of sight lines on public rights-of-way, should not obscure important public
messages, and should not overwhelm readers with too many messages. Signs can
and should help individuals to identify and understand the jurisdiction and the
character of its sub-areas.
(2) Preservation of Community's Beauty: The City of Oelray Beach
which includes a beach resort community as well as major office and industrial
parks relies heavily on its natural surroundings and beautification efforts to retain its
economic advantage. This concern is reflected by actively regulating the
appearance and design of signs.
(3) Property Value Protection: Signs should not create a nuisance to
the occupancy or use of other properties as a result of their size, height, brightness,
or movement. They should be in harmony with buildings, the neighborhood, and
other conforming signs in the area.
(B) Applicability: It shall be unlawful for any persons to post, display, change,
or erect a nonexempt sign or a sign structure, that requires a permit, without first having
obtained a permit therefor. Signs or sign structures erected without a valid permit shall be
deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or
else remove the sign or sign structure. Signs erected, under a valid permit, prior to the
effective date of this ordinance, which have since become nonconforming shall be allowed
to remain in accordance with the time limitation and structure requirements set forth in
these LOR's. All signs not expressly allowed by these LOR's are prohibited.
(C) Procedures.
(1 ) Issuance of Permits, Validity and Renewal: Permit applications
shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of
submission of the permit application. Upon satisfactory compliance with the minimum
2 ORD NO. 14-04
submission requirements of the LDRs and a determination that the proposed sign meets
all applicable standards set forth in the LDRs, the Chief Building Official, or his/her
designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid
for a period of 180 days during which period the sign may be erected; however, the Chief
Building Official, or his/her designee, for good cause shown and upon payment of 50% of
the original application fee, may renew the permit for an additional 90 day increment
provided that there have not been enacted, in the 180 day period, standards of which the
permit would be in violation.
(2) Permits for Individual Signs: Permits for signs shall be on a form as
promulgated by the Chief Building Official.
(a) Minimum Submission Requirements: The application form
and associated submission materials shall include the following:
1. The type of sign and/or sign structure as set forth in the
LDRs.
2. The street address of the property upon which the sign
and/or sign structure is to be located along with
identification of where on said property the sign will be
located. If there is no street address another suitable
method of identifying the location shall be provided.
3. The area per sign face and the aggregate area of the
sign and/or sign structure.
4. The name and address of the owner or other person in
control or possession of the real property upon which the
sign or sign structure is to be located.
5. Written consent of the owner, or his designated agent,
granting permission for the construction, operation,
maintenance, or displaying of the sign and/or sign
structure.
6. Two copies of a blueprint, sketch, blue line print, or
similar presentation, drawn to scale and dimensioned,
showing elevations of the sign as proposed and its
relationship to other existing or proposed signs or sign
structures in the area. In the case of a free-standing
sign, the representation shall include a sketch site plan
showing the location of the sign.
3 ORD NO. 14-04
7. Appropriate exhibits showing the proposed location of
the sign with respect to nearby structures and
vegetation.
8. The seal of a state registered engineer or architect shall
be affixed to drawings of signs and/or sign structures
where the sign face is in excess of thirty-two square feet
(32 sq. ft.) certifying that it is designed in accordance with
wind load requirements of the Florida Building Code.
A sign contractor shall provide a signed certificate
stating that wind loading to withstand a pressure of fifty
(50) pounds per square foot when an application for
signs less than or equal to 32 square feet in area is
submitted.
(D) Aesthetic Qualifications:
(1 ) Applicability: The following subsection describes basic aesthetic
qualifications which apply to signs.
(2) Basis: The aesthetic quality of a building, or of an entire
neighborhood, is materially affected by achieving visual harmony of the sign on or about a
structure as it relates to the architecture or the building or the adjacent surroundings. In
addition to the limitations on signs imposed in Subsections (G) and (K), the following
aesthetic considerations must be met.
(a) Garishness: The overall effect of the lettering, configuration or
color of a sign shall not be garish. "Garish" signs are those that are too bright or gaudy,
showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs
are not in harmony with and are not compatible with the building or adjacent surroundings.
(b) Scale and Conformity with Surroundings: The scale of the
sign in terms of area, shall be consistent with the scale of the building on which it is to be
placed or painted and the neighborhood or streetscape where it is to be located. Scale
shall also be considered in terms of Subsection (F)(2) with respect to height and area.
(c) Quality: All signs shall have a professional appearance that
enhances the visual aesthetics of the area.
4 ORD NO. 14-04
-
· .
(E) Signs Requiring Permits:
(1 ) General: All signs, other than those exempted by Subsection (H) or
prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall
be submitted and processed pursuant to these LORs. Sign permits shall be issued by the
Sign Administrator under the direction of the Chief Building Official for the following:
(a) Master and Blanket Sign Program Signs: Individual signs
being permitted under the provisions of an approved Master Sign Program or Blanket
Program.
(b) Signs Meeting Standards: Individual signs which conform in
all respects to the provisions of Subsection (F) and (K) of this Section.
(c) Special Purpose Signs: Which comply with the requirements
of Subsection (E) (3).
(2) Master Sign and Blanket Sign Programs:
(a) Blanket Sign Program: A Blanket Sign Program may be
required for a commercial property establishing the font, color, size and locations of signs
on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan
Review and Appearance Board or the Historic Preservation Board if the project is in a
historic district or historically designated site. After approval of a Blanket Sign Program,
individual signs consistent therewith shall be administratively approved.
(b) Master Sign Program: A Master Sign Program is to be used
when the development of a project is of such a scale or character that the normal
application of the design and/or aesthetic standards of Subsections (0) and (F),
respectively, will not result in an effective sign program and signing more permissive than
said standards is necessary. Approval of a Master Sign Program may include the
automatic granting of waivers and/or adjustments to the provisions of Subsections (0) and
(F) provided that the intent of the sign code is maintained and the character of the
community and neighborhood is not diminished. A Master Sign Program shall be
approved by the Site Plan Review and Appearance Board or if the project is in a historic
district or historically designated site, by the Historic Preservation Board. After approval of
a Master Sign Program, individual signs consistent therewith shall be administratively
approved.
(c) Nothing contained herein shall prevent diversity and creativity
of individual signs in the Master Sign Program.
5 ORD NO. 14-04
-
· .
(3) Special Purpose Signs and Signing: Permits for the following signs
may be issued administratively provided that the provisions contained herein are complied
with.
(a) Directional Signs for Churches, Civic, or Recreational
Facilities: General directional signs for civic, church, or recreational facilities up to a
maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval
of the City Engineer and/or his/her designee. The number of directional signs permitted for
each qualifying applicant shall depend upon the location and need of the traveling public.
The dimensions of the directional signs shall be no greater than eight (8) inches by thirty
(30) inches per sign. The signs must be designed and installed in accordance with these
LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or
his/her designee.
(b) Gasoline Pricing Signs: Signs may advertise the price of
gasoline subject to the following restrictions:
1. Not more than twelve square feet (12 sq.ft.) per sign
face.
2. If free standing, it shall not exceed five feet (5') in sign
height.
3. If a part of a permanent free standing sign, the price sign
shall be included in the area of the permanent sign.
4. One sign is permitted per frontage with a maximum of
two signs per site.
5. Signs placed on pumps shall not exceed three square
feet (3 sq. ft.) per sign face nor a total of six square feet
(6 sq.ft.) per sign.
(c) Grand Opening Banner: One banner may be placed on the
building of a newly opened business pursuant to the following:
1. Display is limited to four (4) weeks.
2. The banner shall not exceed an area of fifty square feet
(50 sq.ft.),
6 ORD NO. 14-04
-
· .
3. The banner may not be more than fifteen feet (15)'
above the grade, and must be placed on the building of
the business, in the front of the business.
4. Banners shall be made of color fast material.
(d) Grand Opening Portable Signs: Portable signs shall only be
allowed within the Central Business District (CBD). In addition to a Grand Opening
Banner, one Portable Sign may be placed directly in front of the building of a newly opened
business pursuant to the following:
1. Display is limited to four (4) weeks.
2. The portable sign frame structure shall not exceed 2' x 4'
in area with the sign face area not to exceed 2' x 3'.
3. A permit sticker must be obtained and clearly displayed
on the Portable Sign frame.
4. A portable sign placed on the sidewalk must be located
in such a manner that it does not impede the five foot
(5') pathway parallel to the street for through pedestrian
traffic.
5. If placed on that portion of the sidewalk that is located
within a public right-of-way, a hold harmless agreement
in a form acceptable to the City Attorney shall be
provided.
(e) Historic Signing: Signs which are building mounted or free-
standing which provide information of historic value. Said signing shall not exceed six feet
(6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in
area in any circumstance. Such signing shall not be permitted until approval has been
gained from the Historic Preservation Board.
1. Maintenance of Nonconforming Nostalgic Signs:
(i) Signs that have an historic or nostalgic appeal,
and constitute artistic expression, and not solely
advertising may be exempted from the removal
requirements if a recommendation by the Historic
7 ORD NO. 14-04
,- -
Preservation Board is approved by the City
Commission.
(ii) An owner of property on which an existing
nonconforming sign is located may request the
Historic Preservation Board to recommend to the
City Commission that the existing nonconforming
sign be designated as a "nostalgic sign."
(iii) In considering whether to recommend that the
existing nonconforming sign be designated as
nostalgic, the Historic Preservation Board shall
consider the sign's value as a part of the
historical, cultural, aesthetic, and architectural
heritage of the city, state, or nation. The Historic
Preservation Board shall review the criteria
contained in Section 4.5.1, of the Land
Development regulations prior to making its
recommendation.
(iv) Any existing nonconforming sign designated as a
nostalgic sign must be maintained in good
condition. If at any time the sign becomes
unsightly, or becomes a danger to the public
health, safety, or welfare, the City Commission,
following notification to the owner, may remove
the nostalgic designation and set a date by which
time the sign must be removed.
(f) Menu Board Signs: Signs used by businesses to advertise
prices of items in conjunction with service at a drive-thru window, such as fast-food
restaurants, may be permitted as long as the size of the menu board does not exceed
seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size.
(g Murals and Signs Within Murals: A large painting or drawing
affixed to the wall of a building located in commercially zoned districts shall be subject to
approval by the Site Plan Review and Appearance Board or the Historic Preservation
Board. The mural shall not directly represent or constitute advertisement of the goods,
products, or services provided on site. If any portion of the mural includes identification of
the establishment or the goods, products, or services provided on site, only that portion of
the mural which specifies such information shall have its area included in the calculation of
the sign area.
8 ORD NO. 14-04
~-
---.---- --
(h) Non-Residential Real Estate Signs:
1. A permit may be granted to allow for the placement of
one non-illuminated freestanding real estate sign
advertising "For Sale", "For Rent", or "For Lease" and
may identify the seller or agent along each street
frontage, including those located within a historic district.
2. Non-residential Real Estate Signs shall not exceed
thirty-two square feet (32 sq.ft.), and shall be limited to
seven feet (7') in height.
3. Within a non-residential property located in a Historic
District, real estate signs shall not exceed sixteen square
feet (16 sq.ft.), and shall be limited to seven feet (7') in
height.
(i) Parking Area Signs: Parking area signs, as specified herein,
provided the sign contains no more than the name of the building or development and the
words, "Entrance", "Exit", "Parking for. . .", or "Entrance for. . ." or their equivalent, may
be erected at each point of ingress and egress to a parking lot or parking area, and the
signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than
five feet (5') above the ground, and shall be erected within the parking area. Only one sign
shall be allowed at each point of ingress and egress, provided the signs do not create a
traffic or pedestrian hazard.
0> Special Event Non-Roadway Banner Signing: Special
signing, in accordance with this Subsection, may be allowed by the Chief Building Official
or his/her designee, for special events if it is determined that the sign type meets the
following criteria:
1. the sign provides notice to the public of a public meeting
or other public event,
2. the sign is temporary and for a limited time, and
3. the sign, if allowed for a limited time, will meet the
following criteria:
(i) the sign will not conceal or obstruct adjacent land
uses or signs,
9 ORD NO. 14-04
~-
(ii) the sign will not conflict with the principal
permitted use of the site or adjoining sites,
(iii) the sign will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
(iv) the sign will be installed and maintained in a safe
manner. The approval, or disapproval, of such
sign shall not be based on the content of the
message contained (Le., the viewpoint
expressed) on such sign. The Chief Building
Official or his/her designee shall render a decision
within ten (10) days after an application is made
for utilizing this sign type for a special event.
Such a decision shall be deemed an
administrative interpretation and any person
adversely affected has the right to appeal the
decision to the City Manager.
4. Each sign limited to less than twenty square feet (20
sq.ft.) in area;
5. Allowed ten (10) days prior to the event and must be
removed by the second day after the event.
(k) Special Event Roadway Banner Signing:
1. Roadway Banner Signs: may be approved and issued by
the Sign Administrator under the direction of the Director
of Community Improvement, for special events for City
or City co-sponsored events. Such signing shall be
subject to the following standards:
(i) The Roadway Banner Sign must be no more than
three feet (3') in height by twenty-four feet (24') in
length, and placed at least fifteen feet (15') above
the surface of the roadway on City installed poles.
The Roadway Banner sign must be constructed
with a standard vinyl awning material and meet
wind load requirements.
10 ORD NO. 14-04
-- - --------
---
(ii) The text of a roadway banner shall be limited to
the name of the special event, the date or dates
of the event and the name or logo of the City and
the name or logo of the association or
organization co-sponsoring the event.
(Iii) Display of the Roadway Banner Sign will be
limited to a maximum of ten (10) days prior to the
event and must be removed by no later than two
(2) days after the event.
(iv) Roadway Banner Signs will only be allowed to be
displayed at the following intersections within the
City limits and on City installed poles
. NE 1st Avenue and East Atlantic Avenue; and
. Pineapple Grove Way and East Atlantic Avenue
within the arch area.
(I) Subdivision Entrance Signs: Residential subdivision entrance
signs shall be subject to the following standards:
1. Such signs may be either one double faced sign or two
signs where there are two walls at the entrance and
where the signs are permanently affixed to the walls at
each entrance of the subdivision;
2. Each sign area shall be no greater than thirty-six square
feet (36 sq. ft.) in area;
3. Such subdivision entrance signs are permitted within all
residential zoning districts;
4. Such subdivision entrance signs may be erected within
rights-of-way or median strips adjacent to the subdivision
if approved by the City. A subdivision sign may also be
located within the setbacks of private property within the
subdivision or adjacent to the subdivision or adjacent to
the subdivision within the guidelines set forth in
4.6.7{F){3), if such sign was in existence as of July 1,
1988.
11 ORD NO. 14-04
--
· .
5. Any such sign erected within a right-of-way or setback
shall be at least ten feet (10') from a paved roadway and
signs located within a median shall be at least five feet
(5') from any paved roadway;
6. Any such signs approved for location within the right-of-
way or median, if such right-of-way or median is not
within the jurisdiction of the City, shall obtain written
permission from the governmental entity controlling the
right-of-way or median to erect the sign in a requested
and approved location;
7. Any signs proposed to be located on adjacent private
property shall be approved and permitted by the owners
of the adjacent property. Any such signs lying on private
property shall be considered an additional permitted sign
without regard to other applicable sections of this code;
and
8. All signs proposed to be located within a right-of-way or
median shall be reviewed and approved by the City
Engineer or appointed designee for compliance with this
section.
(m) Temporary Business Identification Sign: A temporary
Business Identification Sign shall be allowed to be placed on the building façade once a
sign application has been submitted and shall be removed within sixty (60) days from date
of sign permit application.
(n) Temporary Construction/Development Signs: New
construction, renovation work or temporary development signs shall be subject to the
following standards:
1. Freestanding Sign: One sign per street frontage, non-
illuminated, with a sign area of not more than thirty-two
square feet (32 sq.ft.), nor more than seven feet (7') in
height.
2. Sign Located on a Building: One sign per building
frontage, non-illuminated with a sign area of not more
than thirty-two square feet (32 sq.ft.).
12 ORD NO. 14-04
---
3. The sign may be installed at the time of submission of a
building permit application. It must be removed upon
expiration of building permit or building permit
application or when the project obtains a Certificate of
Occupancy.
(0) Valet Parking Signs: Signs for Valet Parking shall be allowed
subject to the following restrictions:
1. One pole mounted sign per approved Valet Queue,
which may identify Valet Parking, the name of the
business(es), rates, and the hours of operation.
2. Valet Parking signs shall be manufactured and installed
by the City. The sign area shall not exceed six square
feet in area. Such sign shall be pole mounted and
inserted in a ground sleeve. The location of such sign
shall be determined by the City. The sign must be
removed and stored inside the business daily during
business hours when the approved valet queue is not in
use.
3. Traffic control cones may be used for queuing purposes,
however they shall not contain any additional signage or
markings.
(F) Sign Design Standards: The following subsections describe basic
standards which apply to signs. The application of these standards to specific types of
signs and their location in specific zone districts is set forth in a
matrix contained in Subsection (F)(7).
(1 ) Types of Signs:
(a) Free-5tanding Sign: A free-standing
sign is not affixed to any other structure
and is limited to no more than two (2)
faces. It may be either a pole sign or a
monument sign. All signs erected on a
pole shall contain a pOle cover. All freestanding signs shall
contain the street number.
13 ORD NO. 14-04
(b) Projecting Sign: A sign affixed to a structure
and which extends at a right angle from the building.
,-'" A projecting sign shall not have more than two (2)
.--.-::",-'., '-.. ,
-.~- sign faces.
",'fi';...F. .... '-'C". ......'.,.-(,,*' ..
~... ,,," . .
<" ¡... Under Canopy Sign: hung from a
(c) A sign
canopy or roof of a walkway. It may be rigid or it may swing.
Such a sign may not have more than two (2) sign faces.
! I
{~
...~.-.~
i"'/' ';,;,:,,":;I" ~ " .. ..
j '.. '0. ',_">. ..
~ ",;, 'j " ,'~> ' :r~'i:;-:"f·:;;:-.'"r~
(d) Wall Sign: A wall sign may be flush mounted or hand painted.
Such a sign may be applied to a canopy/awning, mansard, or
building face.
[!)ANNEX
R i~. '> I ". Li '.1 r I
- ~
(2) Sign Area and Height:
(a) Basis for Measurement: The area in square feet or square
inches allowed for each sign face. The sign face includes any background material, panel,
trim, color, and direct or self-illumination used that differentiates the sign from the building,
structure, backdrop surface, or object upon which, or against which, it is placed. When
there is no such differentiation, the sign face shall be a rectangle just large enough to
enclose all lettering, illustrations, ornamentation, symbols, or logos. A sign structure shall
14 ORD NO. 14-04
not be computed in sign area provided that no message, symbol, or any of the
aforementioned are displayed on, or designed as part of, the sign structure.
(b) Height: The vertical distance measured from the highest point
of the sign to the grade at the base of the sign.
(3) Setback Requirements:
(a) Basic Setback Determinants: The setback for a free standing
sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special
setback or special landscape area designated for the street pursuant to Section
4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of-
way. Projecting signs, canopy signs, and wall signs may extend into standard and special
setback areas. No signs shall extend into a right-of-way.
(b) Allowed Partially in Standard Setback: When considered as
a part of a site plan approval, or modification to a site plan, a sign may be located partially
within the ten foot (10') setback area provided that:
1. The sign height is not greater than seven feet (7');
2. The sign area is a maximum of forty square feet (40
sq.ft.);
3. The sign area for that portion of the sign within the
setback area is not greater than twenty square feet (20
sq.ft.).
(c) Allowed Totally in Standard Setback: When considered as a
part of a site plan approval, or modification to a site plan, a sign may be located totally
within the ten foot (10') setback area provided that:
1. The sign height is not greater than seven feet (7');
2. The sign area is less than twenty square feet (20 sq.ft.);
(d) Allowed in Special Setbacks: When considered as a part of a
site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign
may be located within a special setback area provided that:
1. If the sign is to be located no less than ten feet (10') nor
more than twenty feet (20') from the right-of-way, the
15 ORD NO. 14-04
~-
sign height shall not exceed seven feet (7'), and the sign
area shall not exceed forty square feet (40 sq. ft.).
2. If the sign is to be located between twenty feet (20') to
thirty feet (30') from the right-of-way, the sign height
shall not exceed fourteen feet (14'), and the sign area
shall not exceed ninety-six square feet (96 sq. ft.).
(4) Safety and Location Requirements.
(a) Location.
1. Agreement Required: Whenever a sign requires a
permit and is allowed within a setback area, easement,
or right-of-way, the person erecting the sign shall be
required to execute an agreement, which shall be
countersigned by the property owner, providing that it is
the obligation of the owner of the sign and/or the
property owner to relocate the sign at such time as the
City determines that additional right-of-way or setback is
required, or if conflicts occur with it being located in an
easement. A performance bond, or acceptable
substitute guarantee, may be required.
2. Obstructions: A sign shall not be located in such a
manner as to obscure another sign or to be obscured by
an existing sign, a structure, or existing vegetation
unless provisions are made for the removal of the
obscuring sign, structure, or vegetation.
(b) Safety.
1. Safety Determination Required: Whenever
consideration is given to locating a sign within a special
setback or the standard ten foot (10') setback area, the
granting body must determine that the location of the
sign does not present a hazard to pedestrians or to
vehicular traffic circulation.
2. Traffic Safety: No sign shall be located in such a
manner that it will become a hazard to automotive or
pedestrian traffic nor shall any sign or lighting of a sign
16 ORD NO. 14-04
be so placed as to obstruct the vision of the driver of any
motor vehicle where vision is necessary for safety.
(5) Illumination: Signs may be illuminated directly or indirectly unless
specifically prohibited elsewhere in these LDRs. In residential zoning districts, all
illumination shall be cut off luminair so that the light is not directed toward adjacent
residentially zoned property.
(6) Design Prohibitions/Restrictions:
(a) Intermittent Lighting or Animation: Shall not be
accommodated on any sign except for time and/or temperature unit, or a traveling
message sign which is a part of a sign permitted in commercial zone districts provided that
such part of the sign shall not exceed twenty-five square feet 25 sq. ft. in area.
(b) Moving or Rotating Signs: A sign shall not involve motion or
rotation of any part of a sign structure or display.
(c) Noise Producing Signs: A sign shall not produce noise or
sounds.
(d) Obscene Signage: A sign shall not exhibit thereon any lewd,
lascivious. or obscene, character, or illustration.
(e) Restrictions as to Functions: The use of a sign may be
restricted to functions as set forth in Subsection (F) (7) (Matrix) under the column of "type
of sign".
(f) Smoke or Odor Producing Signs: A sign shall not produce or
emit smoke, vapor, particles, or odor.
(7) Design Standards Matrix: The following matrix sets forth the
standards for various types of signs when located in various zoning districts or defined by
use. The standards set forth therein are subject to descriptions, interpretations, exceptions,
and limitations as provided for elsewhere in these LDRs.
17 ORD NO. 14-04
~) Sian DeveloDment Standards Matrix
rRESIDENTIAL ZONE DISTRICTS SIGNING: (R-1 DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS)
Type of Sign Quantity Area (max.) Location * Height Illumination
Wall Only one sign per 20 sq. ft. Atleast 10' - must be shielded
lot or parcel from any property line
Free-standino 20 so. ft./face 8'
rSIGNING LOCATED IN CF, AlL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO
Type of Sign Quantity Area (max.) location· Height Illumination
Wall Not more than two per tot, 30 sq. ft. on building face - Allowed
parcel or development
Projecting 30 sq. ft./face from building or under - Allowed
canopy
Free-standing 30 sq. ft./face may be In the front 8' Allowed
yard setback
Under canopy 4 sq. ftlface Under canopy Allowed
[SIGNING FOR CHURCHES, TEMPLES, MOSQUES, SYNAGOGUES, AND OTHER PLACES OF WORSHIP, REGARDLESS OF
ZONE DISTRICT
Type of Sign Quantity Area (max.) Location· Height Illumination
Wall one per building 10% of building face on building face - Allowed
not to exceed 120 sq. It.
Free-standing One 11/2 sq. ft.per10' - 14" Allowed
of frontane
Free-standing one per additional use 20 sq. It. - 8' Allowed
¡SIGNING IN GC, AC, NC, PC, CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS
Type of Sign Quantity Area (max.) location * Height Illumination
one per business 15% of building face facing each dedicated - Allowed
(max. of 12' height, street frontage
for computational purposes
only. times the width)
not to exceed 180 sn. ft.
Wall one per building 9 sq. ft. on rear of building - Allowed
not facing street
one per business 15% of building face (max. of facing 1-95 - Allowed
12' height. for computation-
ional purposes onty, times the
width) not to exceed 160
sq.ft.
Directory one per building 24 sq. ft. on building face - Allowed
Projecting One 30 sq. ft. from building or under - Allowed
3' from face of wall canopy
Under canopy one per business 4 sq. ft. under a canopy which - Allowed
extends store front
access
Free-standing one per frontage 'one at 1/2 sq. ft. of frontage 14' Allowed
not to exceed 160 sq. It.
"each additional limited
to 50 sq. ft.
. Frssstandlna slans must comDlv with setback reaulrements of Section 4.6.7fFI(3)
18 ORD NO. 14-04
(G) Non-Commercial Message: Notwithstanding anything contained in Section
4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code
may, at the option of the applicant, contain either a non-commercial message unrelated to
the business located on the premises where the sign is erected or a commercial message
related to the business and located on the business premises. The non-commercial
message may occupy the entire sign face or portion thereof. The sign face may be
changed from commercial to non-commercial messages as frequently as desired by the
owner of the sign, provided that the size and design criteria conform to the applicable
portions of this section, the sign is allowed by this Code, the sign conforms to the
requirements of the zoning designation and the appropriate permits are obtained. For the
purposes of Section 4.6.7, non-commercial messages, by their very nature, shall never be
deemed off-premises.
(H) Exempt Signs: The following signs are allowed to be erected in the City of
Delray Beach, pursuant to the limitations set forth herein, and do not require a permit:
(1 ) Automated Teller Machine (ATM) Panels: One panel which is
physically constructed within and is an integral part of an ATM, and bears the name of the
ATM system to which it belongs.
(2) Directional Signs: Such signs shall not extend more than five feet
(5') from the ground and shall not be greater than four square feet (4 sq. ft.) in area.
(3) Flags:
(a) Flags may be displayed on any residential or non-residential
parcel of land in accordance with the following rules:
1. A Flag is a piece of cloth usually attached at one edge to
a staff or cord, and used as the symbol of a nation, state,
municipality or service or civil organization.
2. No more than three (3) flags may be placed upon any
parcel or development less than one acre in size which
is zoned and used for non-residential purposes.
3. For parcels or developments equal to or greater than
one acre in area that are zoned and used for non-
residential purposes, no more than one flag per 15,000
square feet of lot area shall be allowed.
19 ORD NO. 14-04
(b) Two (2) flags may be flown at a time when model homes or
model apartments are open for inspection.
(c) Flags of service or civil organizations may be displayed at
respective meeting sites during meeting hours.
(4) Hours of Operation Signs: Signs denoting hours of operation shall
be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be
located close to the entry of the business.
(5) Instructional Signs: Instructional signs are signs which convey
instructions with respect to the premises on which it is located, such as "no trespassing", a
danger sign, and similar signs (other than parking signs). Such signs shall not extend
more than five feet (5') from the ground and shall not be greater than three square feet (3
sq.ft.) in area.
(6) Nameplates: One (1) nameplate sign per building, not exceeding
three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or
street address of the principal occupant.
(7) Non-Residential:
(a) Non-Residential Window Signs.
1. Plastic, neon, or painted signs may be placed upon
windows when limited to 20% of the aggregate glass
area, per tenant space or per main use.
2. Paper signs displayed two feet (2') or more from the
inside of the glass but which are visible from the outside
shall be limited to 20% of the aggregate area, per tenant
space.
(8) Residential.
(a) Residential Real Estate Signs:
1. One sign per lot, the sign being not greater than three
square feet (3 sq.ft.) in area on residentially zoned
property;
2. One additional sign per lot may be erected on a lot which
borders a waterway provided that the sign is located
20 ORD NO. 14-04
·
along the waterways; said sign shall not exceed nine
square feet (9 sq.ft.) in area;
3. All real estate signs shall be non-illuminated;
4. The text of real estate signs shall be limited to the
phrase "For Sale" or "For Lease" or "For Rent" and may
identify the seller or agent;
5. An additional sign, of not greater than three square feet
(3 sq.ft.), may be attached to a real estate sign provided
that its text is limited to the words such as "pool" or
"open" or "sold";
6. An additional "open house" sign of not more than three
square feet (3 sq.ft.) in area may be displayed only
during the hours when the house is being shown.
7. Non-residential real estate sign is exempt if the sign is
not greater than sixteen square feet (16 sq.ft.) in area.
(b) Other Residential Signs.
1. One sign per lot, not to exceed three square feet (3
sq.ft.) in area on residentially zoned property.
2. One sign per residence, not to exceed three square feet
(3 sq.ft.).
(c) Window signs.
(9) Temporary Signs:
(a) Temporary Political Signs
1. Non-illuminated temporary political signs for each
candidate and/or signs for, or against, a referendum
election issue may be placed on any parcel or lot.
2. Each temporary political sign shall be removed within ten
(10) days after the date of election or referendum. In the
event that said signs are not removed prior to expiration
21 ORD NO. 14-04
of the ten (10) day period, the sign shall constitute an
abandoned sign and the City shall send by certified mail,
return receipt requested, to the addresses of the Owner
of each property whereon the temporary political sign is
located and Owner is listed on the current tax roll of the
county, a notice of noncompliance stating that the City's
Code Enforcement Board shall fine the property owner
for each day of noncompliance if the sign is not removed
with the ten (10) days after receipt of notice.
3. No temporary political sign shall exceed twelve square
feet (12 sq.ft.) per sign face in area on any private lot or
parcel.
4. Any temporary political sign in the public right-of-way
cannot exceed three square feet (3 sq.ft). No temporary
political sign shall be placed on any public property.
Signs may not be placed in a location that constitutes a
safety hazard or hindrance to pedestrian or vehicular
traffic.
(b) Other Temporary Signs.
1. All temporary signs non-commercial in nature not
addressed in this code, or otherwise prohibited, may be
placed in the public right-of-way, but not on other public
property, as long as they do not create a safety hazard
or as long as they do not constitute visual blight for a
period not to exceed three (3) days.
(10) Tenant Panels: A change of a tenant panel in a directory sign, or a
sign which accommodates a tenant, is exempt from needing a permit provided that the
sign was permitted and there is no change in colors or letter style.
(I) Exempt Signs Requiring City Manager Approval:
(1 ) City Civic Signs: Signs for facilities located on City property, or
within public right-of-way, and which are operated by the City, its licensees, agents, or
contractors, or by other public purpose organizations of general benefit to the community
may be exempt by order of the City Manager if it is determined that the sign type meets the
following criteria:
22 ORD NO. 14-04
(a) the sign provides notice to the public of a public meeting or other
public event,
(b) the sign is temporary and for a limited time, and
(c) the sign, if allowed for a limited time, will meet the following
criteria:
1. the signs will not conceal or obstruct adjacent land uses
or signs,
2. the signs will not conflict with the principal permitted use
of the site or adjoining sites,
3. the signs will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
4. the signs will be installed and maintained in a safe
manner.
5. The approval, or disapproval, of such signs shall not be
based on the content of the message contained (Le., the
viewpoint expressed) on such signs. The City Manager
or his/her designee shall render a decision within ten
(10) days after an application is made for utilizing this
sign type at a special event. Such a decision shall be
deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to
the City Commission.
(d) Each sign limited to less than twenty square feet (20 sq.ft.) in
area;
(e) Allowed ten (10) days prior to the event and must be removed by
the second day after the event.
(2) Wayfinder Signs:
(a) the sign provides notice to the public of a public meeting or other
public event,
23 ORD NO. 14-04
·
(b) An off-premise sign designed to guide or direct pedestrians or
vehicular traffic and it also may include kiosks that provide information of general benefit to
the community, and
(c) the sign, if allowed for a limited time, will meet the following
criteria:
1. the signs will not conceal or obstruct adjacent land uses
or signs,
2. the signs will not conflict with the principal permitted use
of the site or adjoining sites,
3. the signs will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
4. the signs will be installed and maintained in a safe
manner.
5. The approval, or disapproval, of such signs shall not be
based on the content of the message contained (I.e., the
viewpoint expressed) on such signs. The City Manager
or his/her designee shall render a decision within ten
(10) days after an application is made for utilizing this
sign type at a special event. Such a decision shall be
deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to
the City Commission.
(J) Prohibited Signs: The following signs, or sign features, are prohibited
within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall
be unlawful for any persons to erect prohibited signs or use prohibited sign features.
Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited.
(1 ) Banners and Wind Signs:
(a) Banners: Prohibited except for special events wherein
temporary Roadway Banners may be allowed as provided for in Section 4.6.7(E)(3)(k).
Grand Opening banners may also be allowed as provided for in Section 4.6.7(E)(3)(c).
(b) Wind Signs: Prohibited.
24 ORD NO. 14-04
(2) Off·Premise Signs: A sign, including building signs, that advertise an
establishment, merchandise, service, or entertainment which is sold, produced,
manufactured, or furnished at a place other than the property on which the sign is located,
however, non-commercial messages shall never be off-premises.
(3) Roof Signs: A sign erected on the roof, or above the roof line, or on
the parapet.
(4) Snipe Signs: Snipe signs are prohibited.
(5) Traffic Confusion: A sign or other advertising matter erected at the
intersection òf any streets or in any street right-of-way in manner as to obstruct free and
clear vision; or at any location where, by reason of the position, shape, or color, it may
interfere with, obstruct the view of, or be confused with any authorized traffic sign, a traffic
signal, or traffic device; or which makes use of the words "stop", "look", "drive-in",
"danger", or any other word, phrase, symbol, or character in a manner as to interfere with,
mislead, or confuse vehicular traffic.
(6) Vehicular Signs: Signs placed on vehicles or trailers that are parked
in the street, public right-of-way or on private property for the primary purpose of displaying
the sign for advertising a commercial enterprise.
(7) Waterbourne Signs: No sign or advertising shall be displayed on a
vessel plying the waterways, excluding, the identification of the vessel.
(K) Structural Standards: In addition to provisions of the Standard Building
Code and provisions of Chapter 7 of this Code, the following structural standards shall be
required for all signs erected in the City.
(1) Securing Signs: Wall signs shall be securely attached to the building
or structure by means of metal anchors, bolts, or expansion screws. No wood blocks or
anchorage with wood used in connection with screws or nails shall be considered proper
anchorage, except in the case of wall signs attached to buildings or structures with walls of
wood. No wall sign shall be entirely supported by an un braced parapet wall.
(2) Wind Loading: Every sign shall be constructed in a manner as to
withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans
showing location, structural members, and design calculations for wind loading and for
signs thirty-two square feet (32 sq. ft.) or over, a certification sealed by a state registered
engineer or architect stating that the design will meet the requirements of this code shall
be submitted. All sign contractors shall sign a certificate stating wind loading will meet
25 ORD NO. 14-04
requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are
submitted.
(L) Removal of Signs:
(1 ) Removal and Disposition of Non-Complying Signs:
(a) It shall be unlawful to erect, use or maintain a sign or sign
structure when it does not comply with the requirements of Section 4.6.7. The City is
authorized to remove unlawful signs and sign structures pursuant to the provisions of
Section 4.6.7.
(b) Unauthorized signs are subject to removal pursuant to the
following provisions:
1. Temporary Signs.
(i) The City finds that, in view of the inexpensive
nature of these signs and the administrative
burden which would be imposed by elaborate
procedural prerequisites prior to removal, any
procedure other than summary removal of these
signs when unlawfully erected and maintained
would defeat the purpose of regulating such
signs. The City Manager is hereby authorized to
remove such signs when unlawfully erected and
maintained, subject to the provisions contained
below.
(ii) After removal of a sign pursuant to this section, a
notice will be sent, either in person or by first-
class postage, prepaid, to the occupant of the
property from which the sign was removed, and if
the sign identifies a party other than the occupant
of the property, the party so identified. The notice
shall advise that the sign has been removed and
shall state that the sign may be retrieved within
thirty (30) days of the date of the notice, and that,
if the sign is not retrieved within thirty (30) days, it
will be disposed of by the City.
(iii) The City shall dispose of all unclaimed signs after
the expiration of the thirty (30) day period.
26 ORD NO. 14-04
2. Permanent Signs.
(I) Signs and sign structures not subject to removal
pursuant to (i) above which are or have been
erected or maintained unlawfully, may be referred
to the code enforcement board for appropriate
action or the City may proceed to pursue all
remedies available at law or equity to it to remove
signs or sign structures which are or have been
unlawfully erected or maintained.
(2) Unsafe Signs: Notwithstanding the above provisions, any sign which
is declared to be a dangerous sign shall be removed or made to conform with the current
building code immediately, upon notice, by the Chief Building Official.
(M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the
City of Delray Beach shall apply.
(N) Procedure to Appeal Permit Denial.
1. Permit application may be denied for the following reasons:
(a) The application for permit is not fully completed and executed;
(b) The applicant has not tendered the required application fee with
the application;
(c) The application for permit contains a material falsehood or
misrepresentation;
(d) The applicant has not complied or cannot comply with
applicable licensure requirements, ordinances or regulations of
the City.
2. If permit application was denied, it may be appealed to the City
Manager and, if upheld, to the Circuit Court of Palm Beach County.
Section 3. That Appendix "A" be amended as follows:
27 ORD NO. 14-04
A8J'.NDONIiD SIGN: 1\ sign is sORsiseFes aBanssnss if a Bl:lsinoss ad\'srtises on that
sign is no longsr lisensod, no Isnger has a certifiGate of occupansy, sr is no lenger ssing
Bl:lsinsss at that leGation.
ACCIiSSORY USIi SIGN: Sign ¡oeated in a resisontial, oommereial, or industrial projost
where more than one Bl:lilsiRg er I:Ise at tt-!e same site is !:Inser tt-!e eeRtr-01 of the same
ewner sr tenant. The sign st-!all Be I:Ises enl1' fer tt-!e fll:lrflsse ef isentifying tt-!e name ef or
!:Ise ef the assessor:( e!:lilsing.
J'.D\'<IiRTISING STRUCTURIi: AFlY &trnÐtYF9 or-oetee før Ðå·y"eFti&ing fn'JFf)ÐSÐE, VJith or
witt-!el:lt any asvertisement display tRer-een, situates upon or attast-!es te Feal flr-eflerty,
upon ·....hich any I3sster, eill, flrÎnting, painting, sevise, er ett-!er advortisement may Be
placed, posted, paintes, taekes, nailes. sr ett-!erwise mstsnes, affixes, ar displayed;
pr-ovisas, hewe'¡9r, tt-!at tRis teFR"l st-!all not inell:lse Buildings.
ANIMATED SIGN: A siQn which uses movement or chanQe of IiQhtinQ to deDict action or
to create a sDecial effect or scene.
AWNING SIGN: A tenant identification siQn desiQned as Dart of the awninQ.
BANNER: A temDorarv sign having the characters, letters, illustrations, or ornamentations
applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner"
shall not include any animated or fluttering devices designed to attract attention
CANOPY SIGN: A sign plaees I:Iflen tt-!e trORt ef a oanspy. "CaAsflY Sign Unsar" is a sign
plases SR tt-!e partioA of the b¡,¡ilsing whioh is under the oanopy. cedestrian oriented siQn
which is susDended from. attached to. sUDDorted from. or forms a Dart of a canoDV.
CHANGEABLE COPY SIGN: A sign of pormanent chameter, Bl:lt witt-! removaBlo letter:s,
',,\'ÐFås, or RymeF3hs, indicatiR§ the A:JFFtÐS ør peFEÐRs a!S:Ðoeiûtøå "",itf:l, ør evonts 6ÐA€h:JGtÐå
upaR, iAvol'.'iRg ci",,"iI, comml;JRity, ORS Ðl;lltl;lFol GetivitiÐS, tAQ pFomiso& upon '.'.'hiGR a SigA is
maintained. on which a messaQe CODV is chanQed throuQh moveable letters. numbers. etc.
CONSTRUCTION/DEVELOPMENT· SIGN: A temDorarv siQn identifvinQ an architect,
contractor. subcontractor. or develoDer on the DroDertv which is to be develoDed.
DIRECTIONAL SIGN: (1) OR premise !ncidental signs designed to guide or direct
pedestrians or vehicular traffic. (2) Signs er-eetes ar permittes ey tt-!e sity, cOl:lnty, tt-!e state,
or tho Unites States gsvornment or agency ther-eof for the dirootion or safety af tt-!e fll:lelie.
(3) /I. sign, notiee ar symbol as ta tt-!e time ans fllaee af regular civic moetiRgs ans religious
aGtivities and sorvices.
28 ORD NO. 14-04
DIRECTORY SIGN: Any sigFl wt:1ist:1 €lives tt:1e Flame or oGGbI¡¡atieFl at tt:1e occ¡,¡paFlts of the
Bblilding or gives the blse of the building insh:lding office Bblilding directories, ehurch
dir-ectorios, and apartment t:1o¡,¡se dir-ecteries. INhon an identifisatien at an entity is ¡¡laced
on a commen air-estery board witt:1 iaeFltisal ¡,¡niform style ana size of lotter, the iaentity
st:1all net be aefinoa as a separato sign Bblt shall bo considor-ea as a part of tho airectery
~ A sian listina the tenant's names. locations. buildinas or aroup of buildinas.
DOU8U¡ FAC6D SIGN: !\ sign with two faoes which are ¡,¡sblally, but not nocessar-ily.
par-allel.
IilliCTRICAl SIGN: ,^, sigA er sign strurnblr-e in wt:1ich intogml elestr:is wiring, sennestiens,
er fixtblr-es ar:e \,Isee! as ¡¡art of tt:1e sign ¡¡re¡¡er.
FIXIiiD PROJIiCTION SIGN: .^. sigA. ott:1er tt:1an a flat sign, wt:1ioh extenas ¡¡er¡¡enaisbllar
from tt:1e façaae of any b¡,¡ilding ana is rigialy affixed ther:ete.
FLAT WAll SIGN: A sign erected parallel to and extenaing net mor-o tt:1aA eigt:1t inst:1es
fr-em tt:1e fasaae of any b¡,¡ilaiAg. the buildina to which it is attached. and supported entirelv
bv the facade.
FREESTANDING SIGN: A detached sign wt:1ist:1 shall iFlslblae any signs sl-J¡¡¡¡er:lea by
bI¡¡rigt:1ts er braces placod u¡¡en er in or s¡,¡p¡¡ertea BY the groblna aFle! not attachea te aFlY
building; shall incluae ¡¡ele signs and grouna sigFls. A sian that is not affixed to any other
structure and is limited to no more than two (2) faces. It may be either a pole sian or
monument sian.
GASOLINE PRICING SIGN: A sian incorporated into a aasoline station identity si9n. for
displav of the price chanaes.
HEIGHT (OF A SIGN): The vertical distance measured from the highest point of the sian.
to the arade at the base of the sian.
IDENTIFICATION SIGN: A sign, ott:1er tt:1aFl 3 bbllletin Boam sign. or name¡¡late sign,
indicating the name of the primary use~ The Flame er aaaress of a BblilaiFlg, or the name ef
tt:1e management tt:1ereof.
IllUMINATED SIGN: A sign in wt:1ish a with an internal or external artificialliaht source ef
light is usoa iF! er-e!er to make tt:1e mesEage r-eaaaBle and shall inslude internally and
exterFlally ligAted sigAs.
29 ORD NO. 14-04
INSTRUCTION.~l SIGN: A sign senveying instl1lstions wit!:l r-espest te t!:le pFemises on
w!:lis!:l it is mainklineà, Sljs!:l as t!:le entrances er exit ef a parking aroa, a ne trespassing
sign, a àanger sign, anà similar signs.
MARQUEE SIGN: A sian attached to or sUDDorted bva marauee structure. which is a
Dermanent roof-like structure or canoDv extendina from the facade of the buildina.
MENU BOARD SIGN: A chanaeable CODY sian for disDlavina a menu selection and
Dricina of the items for sale.
MONUMENT SIGN: A freestandina low Drofile sian with the sian area at the tOD of a solid
base.
NAMEPLATE SIGN: A non-electric. on-Dremise identification sian aivina onlv the name.
address andlor occuDation of the occuDants.
NONCONFORMING SIGN, CLASS 1 AND CLASS 2: .'\ sign or aàver:tising strljstljFe
existing wit!:lin t!:le incor-perated area on Decemeer 18, 1985, 'lI!:Iis!:l, by its !:leight, sE¡ljaFe
feet ama, losation, I:Ise, er strljstljr-al suppor:t aià net confer-m te the reE¡ljirements ef the
seas prior to tho effeGti>/9 date of this shapter shall hereafter Be térmed nenGenforming.
Glass 2; a sign or aa'/9rtising strljstljre existing within the inserper-ated aFaa en Jljly 19,
1986, '....l:1is!:l, by its !:Ioight, sE¡ljare foot ar-ea, lesatien, I:Ise, or strljsturill sl:lpper:t did cenferm
te the FeE¡\Jir-ements of t!:le ceae en Decemeer 18, 1985, Bljt '....!:Iis!:l ao net after aaeptien ef
tl:1is el:1aptor shall !:Iereafter ee termed nonsonfer-ming, class 1. A sian which was erected
leaallv but no lonaer comDlies with the current sian code reaulations.
OFF-PREMISE SIGN: A sign, inslljaing Bljilaing signs, aa'/er:tising an ostaelisl:1ment,
mer:s!:landise, service, or entertainment, w!:lisl:1 is seld, prOaljSea, manljfastljFed, or
fumis!:lea at a plaGe other t!:lan advertisina a business which is not located on the property
an w!:lisl:1 where the sign is located.
ON PRIiMISIi SIGN: .'\ SigA ':IRich fA3Y earry Ron cammorcial mos&[)!:1ss as ':..~II 3&
sammer-Gial messages stristly insiaental to tl:19 lawful IjSO ef the pr-emis9 en w!:liG!:I it is
losateà, inslljding signs or sign àevices inaisating tho Bljsiness tFansastea, ser-vises
FOnaered, gooàs sold, or pFÐaucod en t!:le premises, name of the eljsiness, name of the
per:san essljflying t!:le flremises.
PAINTED WALL SIGN: A sign flainteà on any ol:ltsiàe wall er reef ar en glass ef any
Bljilaing. aDDlied with Daint or similar substance on the face of a wall.
POLE SIGN: A freestandina sian that has the sian area at the tOD of a Dole.
30 ORD NO. 14-04
POLITICAL SIGN: A temDorarv sian erected bv a Dolitical candidate. or a DroDonent or
ODDonent to a referendum. or arOUD or aaent thereof for Dolitical DurDoses directed toward
the ultimate exercise of votina bv the aeneral Dublic in connection with local. state or
national elections.
PORTABLE SIGN: Anv sian desianed to be easilv moved. such as a sidewalk or
sandwich boards sian. and is not Dermanentlv affixed to the around or to a buildina.
PROJECTING SIGN: A sian which is attached at a riaht anale to the outside wall of the
buildina
REAL ESTATE SIGN: Any si€ n er-estse! ey an swner er Ris a! ent, ad'lertisin! tRe real
f)reIJerty IJpOA whioR tRe si! A is losated as fer rent er sale. temDorarv sian advertisina the
real estate where the sian is Dlaced. statina as beina for sale. rent or lease.
ROADWAY BANNER: A temDorarv sian that is constructed with a standard vinvl
awnina material that draDes above the roadway. attached to City installed Doles on both
sides of the road.
ROOF SIGN: A sign or-esteå en tRe FOof, er aee'le tRe reof line, eKSef)t tRat a si! n IJlaseå
on the fase of a IJar-af)et wall wRioh e!oes not oXGeed felJr feet in Rei! ht ane! whis!=l ferR'ls a
oontinlJolJs extension of the faGe of tRe euile!in! shall not eo Gensider-ae! a reef sign. In
adåition, a R'lansard sostion si! n belew tRe FOef line is not a reef sign. which Droiects
above the roof line or is located on the roof of the buildina structure.
SIGN: AJ1ï device, structure or fixture usina araDhics. svmbols or written CODY desianed to
advertise or identify an establishment. Droduct. aoods or services. or reIJFOseRtatioA for
','isual GommlJniGation tRat is IJseå fer tRe IJIJr-¡aoso of eringin! tRe suBjest tl:1er-aof to tho
attention at stner€:.
SIGN AREA: WRero a si! n is dosi! noe! se tl:1at tho si! n fase is slearly disserniele, the si! n
area sl:1all eo eEllJal to the ar-ea of tl:1e Si! R fase. IR all otRer oirslJR'lstances t Ihe sign area
shall be the area of a rectangle enclosing all lettering, illustrations, ornamentation and
loaos ar solor which forms an integral part of the display, or differentiates the display area
from the background on which it is placed. Oråinarily the si§A strlJsture viill net eo insllJded
if! the Eignnr83. I-Iewever, where tRe sign strlJGture is a le! o (other tl:1aR a r-eligious
symbol an tRO sito of a roli€ iolJs ¡nstiMioR), the rostangle IJsod to measlJre t!=le sign area
sl:1all incllJe!e tho f)ortion of tRe strlJsture 'Nl:1ish constitIJtes tRe lo! o, er IJses coler in tl:1e
FAaAAer EtessribÐå.
31 ORD NO. 14-04
SIGN CONTR!\CTOR: 1'. lIerson lisensed to crest 3ny type of sign strllsture regaFåless of
size and comlllexity, l3ut st-1all not l3e allowed to install any elostr-isal work in seAnestien
thoFe'.vith.
SIGN FACi: The lIart at the sign that is er san be useEl te iElentify, aElvertise,
commllnisate infermatien, er for ',isllal r-ellresentatien which attFacts tt-1e attention ef tt-1e
public fer any IllIrllese. Sign Face inclllEles any bacl{grellnEl material, lIanel, trim, color,
anEl direst or self illllmination useEl that differeAtiates the sign fr-em the builEliAg, structure,
baskElrep SlIrfaSO or ol3jest upon wt-1ist-1 or against which it is placeEl. The si§A strllctllro
sl=lall not ba inslllded as a lIartion of tt-1e Sign F¡:¡se IIr-e',ided tt-1at no message, syml3ol, or
any of the aferementioneEl Sign Fase sriteria are Elislllayed on or Elei§ned as lIart of tl=le
sign strllstllr-e.
SIGN STRUCTURi: ^ supperting structllr-e eresteEl or intanEleEl fer the IIl;Jrllese ef
iElentification, 'Nith or witt-1eblt a sign tl=lereon, sitblateEl upon or attast-1eEl te the llremises,
blllen whicl=l any sign is fastened, affixed, dislllayoEl, or applied, previEleEl, t-1o'lle'.'er, tl=lis
definition shall not inclblEla a l3uilding er fense. ,^.. Sign Strllstllre may be a single pole anEl
may er may nat l3e an integFalllart of a 13b1i1E1ing.
SNIPE SIGN: The tackina. castina or otherwise affixina of sians of a miscellaneous
character to the walls of buildinas. on coles. trees. fences or other structures.
SUBDIVISION ENTRANCE SIGN: An entrance sian identifvina the name of the
subdivision or residential develocment.
TiMPORARY CONSTRUCTION SIGN: ^ sign erecteEl and maintaineEl an pr-emises
blnElergaing senstrustien advertising tt-1e name ef tt-1e I3l1siness, arst-1itest, seAtFaster,
slll3oontFactor, er material man and financial institutions.
TiMPORARY POLITICAL SIGN: I'. sign eresteEll3y a 3elitisal sanEliElate, er a llrellenent
or elllleneAt 1e a roferenEll,Jm, or gr-el,J1I er agent thereef fer political 3l,Jr 3eses dir-esteEl
tewaFå tt-1a l,Jltimate exersise of veting l3y tt-1e genaFaI 3l,Jl3lis.
TEMPORARY SIGN: Anv sian erected for a limited time ceriod.
UNDER-CANOPY SIGN: A sian attached or suscended under the canocv or roof of a
walkwav.
UNLAWFUL SIGN: A sian which does not meet the reauirements of this code and which
has not received leaal nonconformina status.
WALL SIGN: A sian cainted or attached carallel to the outside of a buildina.
32 ORD NO. 14-04
WAYFINDER SIGN: An off-cremise sian desianed to auide or direct cedestrians or
vehicular traffic and it also mav include kiosks that crovide information of aeneral benefit to
the communitv.
WIND SIGN: A sian consistina of one or more banners. cennants. ribbons. scinners.
streamers. balloons. or other obiects or material fastened in such a manner as to move
ucon beina subiected to pressure bv wind.
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 division shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid. By adopting this ordinance, the City Commission intends that
each part shall be separate from one another and any part declared to be invalid or
unconstitutional shall not effect the validity of any remaining portions of the ordinance.
Section 5. That all ordinances in conflict herewith be, and the same are hereby
repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of .2004.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
33 ORD NO. 14-04
,
<: .
POLICY STATEMENT (>
--
Signs within the Public Right-of-Way ( R-O-W)-
For streets and Blocks under Construction .
I. General Statement: .
A. The City may consider allowing signs in the public right-of-way directing
vehicular and/or pedestriån traffic to businesses that may otherwise appear to be closed
due to street construction and/or redevelopment within a city block.
B. The developer shall be ri!sponsible for the costs of creating the signs for
each business affected by the construction.
C. The City shall attempt to install the signs in such a manner as to provide
directions to the place of business during such periods of construction or
redevelopment.
D. A portable sign may include the name or names of businesses and the
hours of operation. However, in no instances may they be used for advertising
. ,
purposes.
E. The number and size of the signs will be determined on a case by case (Ò
basis but shall be no larger than three feet (3') in order to avoid visual clutter. In any /
event, the size and number allowed may differ from street to street depending on the
location and the level of conStruction in the area. More than one business or a group of
businesses may have signs placed at the same sign location.
F. The City's Public Works Department shall be responsible for the
placement and installation of the signs within the public right-of-way to ensure public
. safety is maintained.
II.. Procedure: .
. A. The applicant who may be an individual or a representative ofa special
overlay district such as, but not limited to, the DMBA, CRA, WARC, or PGMS, shall
submit a letter of request to the Community Improvement Department for the placement
of portable signs in the pUblic right-of-way when a street or block is under construction.
B. The letter shall contain a brief deScription of why the signs are needed, the
name of the business(es) that shall be affected by the construction or redevelopment
that are requesting portable sign exposure, a genera' description of the geographical
area in which they are to be located, the name of the developer responsible for the
construction and/or redevelopment, and the approximate length of time the portable
signs are to be erected. (
C. . The Director of Community Improvement shall place the Letter of Request
on the next available DSMG meeting agenda for consideration.
, "
/
.. 1. Grounds for denial are:
a. The letter requesting the portable signs does not provide .
sufficient information detailing why or Where the signs are
needed; ,
b. The letter requesting ,the portable signs contains a material
falsehood or misrepresentation;' '
c. The applicant or person on whose' behalf the POrtable signs
have been requested has outstanding and unpaid debts,
liens and fees to the City of Delray Beach;
d. The applicant or person on ,whOse behalf the portable signs
' have been· requested has outstanding COde' violations that
have not been cured as of the date of request for the
portable signs.
, D. In the event a request is, denied, an appeal may be made to ,the City
Commission pursuant to LDR Section 2.4.7(E).
-
I
o/<, ~at
t#1
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
I l 0 . I D ..
D*d MEMORANDUM
AJl.Amerlca City
~IIE DATE: May 20,2004
TO: City Commission
David Harden, City Manager ~
FROM: Terrill Pyburn, Assistant City Attorney
SUBJECT: Sian Code Ordinance No. 14-04
Attached is an ordinance proposing to repeal Sections 2.4.6(0), "Permits for
Individual Signs" and (E), "Permits for Master Sign Program" and Section 4.6.7,
"Signs" and enacting a new single Section 4.6.7, "Signs", in order to provide a
single cohesive ordinance regulating signs and sign permits. The attached
ordinance also includes amendments to Appendix "A" in order to update the
definitions related to signs and sign structures.
Most of Section 4.6.7 has been re-organized rather than replaced in order to make
the "sign code" more user friendly. Aside from the obvious consolidation of the
ordinance pertaining to signs, provisions have been updated in order to ensure
compliance with new legislation regarding First Amendment issues involving both
commercial and non-commercial speech. Also, some new categories of signs
have been added including, special event signs, valet parking signs, and
temporary signs in order to clarify and codify regulations that were already being
applied within the City.
New definitions have been added to Appendix "A" of the Land Development
Regulations regarding animated signs, awning signs, construction/development
signs, gasoline pricing signs, height of signs, marquee signs, menu board signs,
monument signs, nameplate signs, pole signs, political signs, portable signs,
projecting signs, roadway banner signs, snipe signs, subdivision entrance signs,
temporary signs, under-canopy signs, unlawful signs, wall signs, wayfinder signs
and wind signs. These new definitions were added in order to better define the
terminology used in the sign code. Some old definitions were also changed in
order to clarify the intended meanings of various provisions within the sign code
itself.
\CA
May 20, 2004
Page 2
Finally, also attached is a proposed policy containing language allowing temporary
portable signs in the public right-of-way during periods of major
construction/redevelopment.
Please place the ordinance and the corresponding policy on ,the June 8, 2004 City
Commission agenda for first public hearing. Thank you.
TCP:smk
Attachments
cc: Barbara Garito, City Clerk
Lula Butler, Director of Community Improvement
Janet Meeks, Education Coordinator
ORDINANCE NO. 14-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN
THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING
ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME
NEW DEFINITIONS RELATING TO SIGNS; AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING
SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A
NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A
SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority
to protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish reasonable regulations for the posting of signs on
public and private property in order to prevent safety hazards and protect property values; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to provide consistent sign regulations governing places of worship
to avoid making existing signs nonconforming and based on allowed secular criteria as permitted
by the Religious Freedom Restoration Act; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to have a single, combined and updated sign ordinance in order to
ensure fair and consistent enforcement of sign regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(D) and (E) be
repealed in their entirety.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed
in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows:
Section 4.6.7 Sians
(A) Purpose: The purposes of these sign regulations are: to encourage the
effective use of signs as a means of communications in the City; to maintain and enhance
the aesthetic environment and the City's ability to attract sources of economic
development and growth; to improve pedestrian and traffic safety; to minimize the possible
adverse affect of signs on nearby public and private property; to foster the integration of
signage with architectural and landscape designs; to streamline the approval process by
requiring master signage plans; and to enable the fair and consistent enforcement of these
sign regulations.
(1 ) Communication: Signs should not deny other persons or groups the
use of sight lines on public rights-of-way, should not obscure important public
messages, and should not overwhelm readers with too many messages. Signs can
and should help individuals to identify and understand the jurisdiction and the
character of its sub-areas.
(2) Preservation of Community's Beauty: The City of Oelray Beach
which includes a beach resort community as well as major office and industrial
parks relies heavily on its natural surroundings and beautification efforts to retain its
economic advantage. This concern is reflected by actively regulating the
appearance and design of signs.
(3) Property Value Protection: Signs should not create a nuisance to
the occupancy or use of other properties as a result of their size, height, brightness,
or movement. They should be in harmony with buildings, the neighborhood, and
other conforming signs in the area.
(B) Applicability: It shall be unlawful for any persons to post, display, change,
or erect a nonexempt sign or a sign structure, that requires a permit, without first having
obtained a permit therefor. Signs or sign structures erected without a valid permit shall be
deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or
else remove the sign or sign structure. Signs erected, under a valid permit, prior to the
effective date of this ordinance, which have since become nonconforming shall be allowed
to remain in accordance with the time limitation and structure requirements set forth in
these LOR's. All signs not expressly allowed by these LOR's are prohibited.
(C) Procedures.
(1 ) Issuance of Permits, Validity and Renewal: Permit applications
shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of
submission of the permit application. Upon satisfactory compliance with the minimum
2 ORD NO. 14-04
submission requirements of the LDRs and a determination that the proposed sign meets
all applicable standards set forth in the LDRs, the Chief Building Official, or his/her
designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid
for a period of 180 days during which period the sign may be erected; however, the Chief
Building Official, or his/her designee, for good cause shown and upon payment of 50% of
the original application fee, may renew the permit for an additional 90 day increment
provided that there have not been enacted, in the 180 day period, standards of which the
permit would be in violation.
(2) Permits for Individual Signs: Permits for signs shall be on a form as
promulgated by the Chief Building Official.
(a) Minimum Submission Requirements: The application form
and associated submission materials shall include the following:
(1 ) The type of sign and/or sign structure as set forth in the
LDRs.
(2) The street address of the property upon which the sign
and/or sign structure is to be located along with
identification of where on said property the sign will be
located. If there is no street address another suitable
method of identifying the location shall be provided.
(3) The area per sign face and the aggregate area of the
sign and/or sign structure.
(4) The name and address of the owner or other person in
control or possession of the real property upon which the
sign or sign structure is to be located.
(5) Written consent of the owner, or his designated agent,
granting permission for the construction, operation,
maintenance, or displaying of the sign and/or sign
structure.
(6) Two copies of a blueprint, sketch, blue line print, or
similar presentation, drawn to scale and dimensioned,
showing elevations of the sign as proposed and its
relationship to other existing or proposed signs or sign
structures in the area. In the case of a free-standing
sign, the representation shall include a sketch site plan
showing the location of the sign.
3 ORD NO. 14-04
----"'---.
(7) Appropriate exhibits showing the proposed location of
the sign with respect to nearby structures and
vegetation.
(8) The seal of a state registered engineer or architect shall
be affixed to drawings of signs and/or sign structures
where the sign face is in excess of thirty-two square feet
(32 sq.ft.) certifying that it is designed in accordance with
wind load requirements of the Florida Building Code.
A sign contractor shall provide a signed certificate
stating that wind loading to withstand a pressure of fifty
(50) pounds per square foot when an application for
signs less than or equal to 32 square feet in area is
submitted.
(D) Aesthetic Qualifications:
(1) Applicability: The following subsection describes basic aesthetic
qualifications which apply to signs.
(2) Basis: The aesthetic quality of a building, or of an entire
neighborhood, is materially affected by achieving visual harmony of the sign on or about a
structure as it relates to the architecture or the building or the adjacent surroundings. In
addition to the limitations on signs imposed in Subsections (G) and (K), the following
aesthetic considerations must be met.
(a) Garishness: The overall effect of the lettering, configuration or
color of a sign shall not be garish. "Garish" signs are those that are too bright or gaudy,
showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs
are not in harmony with and are not compatible with the building or adjacent surroundings.
(b) Scale and Conformity with Surroundings: The scale of the
sign in terms of area, shall be consistent with the scale of the building on which it is to be
placed or painted and the neighborhood or streetscape where it is to be located. Scale
shall also be considered in terms of Subsection (F)(2) with respect to height and area.
(c) Quality: All signs shall have a professional appearance that
enhances the visual aesthetics of the area.
4 ORD NO. 14-04
-------,..
(E) Signs Requiring Permits:
(1) General: All signs, other than those exempted by Subsection (H) or
prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall
be submitted and processed pursuant to these LORs. Sign permits shall be issued by the
Sign Administrator under the direction of the Chief Building Official for the following:
(a) Master and Blanket Sign Program Signs: Individual signs
being permitted under the provisions of an approved Master Sign Program or Blanket
Program.
(b) Signs Meeting Standards: Individual signs which conform in
all respects to the provisions of Subsection (F) and (K) of this Section.
(c) Special Purpose Signs: Which comply with the requirements
of Subsection (E) (3).
(2) Master Sign and Blanket Sign Programs:
(a) Blanket Sign Program: A Blanket Sign Program may be
required for a commercial property establishing the font, color, size and locations of signs
on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan
Review and Appearance Board or the Historic Preservation Board if the project is in a
historic district or historically designated site. After approval of a Blanket Sign Program,
individual signs consistent therewith shall be administratively approved.
(b) Master Sign Program: A Master Sign Program is to be used
when the development of a project is of such a scale or character that the normal
application of the design and/or aesthetic standards of Subsections (0) and (F),
respectively, will not result in an effective sign program and signing more permissive than
said standards is necessary. Approval of a Master Sign Program may include the
automatic granting of waivers and/or adjustments to the provisions of Subsections (0) and
(F) provided that the intent of the sign code is maintained and the character of the
community and neighborhood is not diminished. A Master Sign Program shall be
approved by the Site Plan Review and Appearance Board or if the project is in a historic
district or historically designated site, by the Historic Preservation Board. After approval of
a Master Sign Program, individual signs consistent therewith shall be administratively
approved.
(c) Nothing contained herein shall prevent diversity and creativity
of individual signs in the Master Sign Program.
5 ORD NO. 14-04
(3) Special Purpose Signs and Signing: Permits for the following signs
may be issued administratively provided that the provisions contained herein are complied
with.
(a) Directional Signs for Churches, Civic, or Recreational
Facilities: General directional signs for civic, church, or recreational facilities up to a
maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval
of the City Engineer and/or his/her designee. The number of directional signs permitted for
each qualifying applicant shall depend upon the location and need of the traveling public.
The dimensions of the directional signs shall be no greater than eight (8) inches by thirty
(30) inches per sign. The signs must be designed and installed in accordance with these
LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or
his/her designee.
(b) Gasoline Pricing Signs: Signs may advertise the price of
gasoline subject to the following restrictions:
(1 ) Not more than twelve square feet (12 sq.ft.) per sign
face.
(2) If free standing, it shall not exceed five feet (5') in sign
height.
(3) If a part of a permanent free standing sign, the price sign
shall be included in the area of the permanent sign.
(4) One sign is permitted per frontage with a maximum of
two signs per site.
(5) Signs placed on pumps shall not exceed three square
feet (3 sq.ft.) per sign face nor a total of six square feet
(6 sq.ft.) per sign.
(c) Grand Opening Banner: One banner may be placed on the
building of a newly opened business pursuant to the following:
(1 ) Display is limited to four (4) weeks.
(2) The banner shall not exceed an area of fifty square feet
(50 sq.ft.),
6 ORD NO. 14-04
---- "
(3) The banner may not be more than fifteen feet (15)'
above the grade, and must be placed on the building of
the business, in the front of the business.
(4) Banners shall be made of color fast material.
(d) Grand Opening Portable Signs: Portable signs shall only be
allowed within the Central Business District (CBD). In addition to a Grand Opening
Banner, one Portable Sign may be placed directly in front of the building of a newly opened
business pursuant to the following:
(1 ) Display is limited to four (4) weeks.
(2) The portable sign frame structure shall not exceed 2' x 4'
in area with the sign face area not to exceed 2' x 3'.
(3) A permit sticker must be obtained and clearly displayed
on the Portable Sign frame.
(4) A portable sign placed on the sidewalk must be located
in such a manner that it does not impede the five foot
(5') pathway parallel to the street for through pedestrian
traffic.
(5) If placed on that portion of the sidewalk that is located
within a public right-of-way, a hold harmless agreement
in a form acceptable to the City Attorney shall be
provided.
(e) Historic Signing: Signs which are building mounted or free-
standing which provide information of historic value. Said signing shall not exceed six feet
(6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in
area in any circumstance. Such signing shall not be permitted until approval has been
gained from the Historic Preservation Board.
(1 ) Maintenance of Nonconforming Nostalgic Signs:
(i) Signs that have an historic or nostalgic appeal,
and constitute artistic expression, and not solely
advertising may be exempted from the removal
requirements if a recommendation by the Historic
7 ORD NO. 14-04
Preservation Board is approved by the City
Commission.
(ii) An owner of property on which an existing
nonconforming sign is located may request the
Historic Preservation Board to recommend to the
City Commission that the existing nonconforming
sign be designated as a "nostalgic sign."
(iii) In considering whether to recommend that the
existing nonconforming sign be designated as
nostalgic, the Historic Preservation Board shall
consider the sign's value as a part of the
historical, cultural, aesthetic, and architectural
heritage of the city, state, or nation. The Historic
Preservation Board shall review the criteria
contained in Section 4.5.1, of the Land
Development regulations prior to making its
recommendation.
(iv) Any existing nonconforming sign designated as a
nostalgic sign must be maintained in good
condition. If at any time the sign becomes
unsightly, or becomes a danger to the public
health, safety, or welfare, the City Commission,
following notification to the owner, may remove
the nostalgic designation and set a date by which
time the sign must be removed.
(f) Menu Board Signs: Signs used by businesses to advertise
prices of items in conjunction with service at a drive-thru window, such as fast-food
restaurants, may be permitted as long as the size of the menu board does not exceed
seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size.
(g Murals and Signs Within Murals: A large painting or drawing
affixed to the wall of a building located in commercially zoned districts shall be subject to
approval by the Site Plan Review and Appearance Board or the Historic Preservation
Board. The mural shall not directly represent or constitute advertisement of the goods,
products, or services provided on site. If any portion of the mural includes identification of
the establishment or the goods, products, or services provided on site, only that portion of
the mural which specifies such information shall have its area included in the calculation of
the sign area.
8 ORD NO. 14-04
. .~-_.-_._- ----.---
(h) Non-Residential Real Estate Signs:
(1 ) A permit may be granted to allow for the placement of
one non-illuminated freestanding real estate sign
advertising "For Sale", "For Rent", or "For Lease" and
may identify the seller or agent along each street
frontage, including those located within a historic district.
(2) Non-residential Real Estate Signs shall not exceed
thirty-two square feet (32 sq.ft.), and shall be limited to
seven feet (T) in height.
(3) Within a non-residential property located in a Historic
District, real estate signs shall not exceed sixteen square
feet (16 sq.ft.), and shall be limited to seven feet (T) in
height.
(i) Parking Area Signs: Parking area signs, as specified herein,
provided the sign contains no more than the name of the building or development and the
words, "Entrance", "Exit", "Parking for. . .", or "Entrance for. . ." or their equivalent, may
be erected at each point of ingress and egress to a parking lot or parking area, and the
signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than
five feet (5') above the ground, and shall be erected within the parking area. Only one sign
shall be allowed at each point of ingress and egress, provided the signs do not create a
traffic or pedestrian hazard.
0) Special Event Non-Roadway Banner Signing: Special
signing, in accordance with this Subsection, may be allowed by the Chief Building Official
or his/her designee, for special events if it is determined that the sign type meets the
following criteria:
(1 ) the sign provides notice to the public of a public meeting
or other public event,
(2) the sign is temporary and for a limited time, and
(3) the sign, if allowed for a limited time, will meet the
following criteria:
(i) the sign will not conceal or obstruct adjacent land
uses or signs,
9 ORD NO. 14-04
(ii) the sign will not conflict with the principal
permitted use of the site or adjoining sites,
(iii) the sign will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
(iv) the sign will be installed and maintained in a safe
manner. The approval, or disapproval, of such
sign shall not be based on the content of the
message contained (Le., the viewpoint
expressed) on such sign. The Chief Building
Official or his/her designee shall render a decision
within ten (10) days after an application is made
for utilizing this sign type for a special event.
Such a decision shall be deemed an
administrative interpretation and any person
adversely affected has the right to appeal the
decision to the City Manager.
(4) Each sign limited to less than twenty square feet (20
sq.ft.) in area;
(5) Allowed ten (10) days prior to the event and must be
removed by the second day after the event.
(k) Special Event Roadway Banner Signing:
(1 ) Roadway Banner Signs: may be approved and issued by
the Sign Administrator under the direction of the Director
of Community Improvement, for special events for City
or City co-sponsored events. Such signing shall be
subject to the following standards:
(i) The Roadway Banner Sign must be no more than
three feet (3') in height by twenty-four feet (24') in
length, and placed at least fifteen feet (15') above
the surface of the roadway on City installed poles.
The Roadway Banner sign must be constructed
with a standard vinyl awning material and meet
wind load requirements.
10 ORD NO. 14-04
(ii) The text of a roadway banner shall be limited to
the name of the special event, the date or dates
of the event and the name or logo of the City and
the name or logo of the association or
organization co-sponsoring the event.
(iii) Display of the Roadway Banner Sign will be
limited to a maximum of ten (10) days prior to the
event and must be removed by no later than two
(2) days after the event.
(iv) Roadway Banner Signs will only be allowed to be
displayed at the following intersections within the
City limits and on City installed poles
. NE 1st Avenue and East Atlantic Avenue; and
. Pineapple Grove Way and East Atlantic Avenue
within the arch area.
(I) Standard Street Signs: A subdivision name sign may be
placed on a City street post by City personnel only, provided it is requested through the
City Engineer or his/her designee and paid for by the party requesting the sign. This sign
shall be identical to the street sign as to color, size, and shape.
(m) Subdivision Entrance Signs: Residential subdivision entrance
signs shall be subject to the following standards:
(1 ) Such signs may be either one double faced sign or two
signs where there are two walls at the entrance and
where the signs are permanently affixed to the walls at
each entrance of the subdivision;
(2) Each sign area shall be no greater than thirty-six square
feet (36 sq.ft.) in area;
(3) Such subdivision entrance signs are permitted within all
residential zoning districts;
(4) Such subdivision entrance signs may be erected within
rights-of-way or median strips adjacent to the subdivision
if approved by the City. A subdivision sign may also be
located within the setbacks of private property within the
11 ORD NO. 14-04
subdivision or adjacent to the subdivision or adjacent to
the subdivision within the guidelines set forth in
4.6.7(F)(3). if such sign was in existence as of July 1,
1988.
(5) Any such sign erected within a right-of-way or setback
shall be at least ten feet (10') from a paved roadway and
signs located within a median shall be at least five feet
(5') from any paved roadway;
(6) Any such signs approved for location within the right-of-
way or median, if such right-of-way or median is not
within the jurisdiction of the City, shall obtain written
permission from the governmental entity controlling the
right-of-way or median to erect the sign in a requested
and approved location;
(7) Any signs proposed to be located on adjacent private
property shall be approved and permitted by the owners
of the adjacent property. Any such signs lying on private
property shall be considered an additional permitted sign
without regard to other applicable sections of this code;
and
(8) All signs proposed to be located within a right-of-way or
median shall be reviewed and approved by the City
Engineer or appointed designee for compliance with this
section.
(n) Temporary Business Identification Sign: A temporary
Business Identification Sign shall be allowed to be placed on the building façade once a
sign application has been submitted and shall be removed within sixty (60) days from date
of sign permit application.
(0) Temporary Construction/Development Signs: New
construction, renovation work or temporary development signs shall be subject to the
following standards:
(1 ) Freestanding Sign: One sign per street frontage, non-
illuminated, with a sign area of not more than thirty-two
square feet (32 sq.ft.), nor more than seven feet (7') in
height.
12 ORD NO. 14-04
(2) Sign Located on a Building: One sign per building
frontage, non-illuminated with a sign area of not more
than thirty-two square feet (32 sq.ft.).
(3) The sign may be installed at the time of submission of a
building permit application. It must be removed upon
expiration of building permit or building permit
application or when the project obtains a Certificate of
Occupancy.
(p) Valet Parking Signs: Signs for Valet Parking shall be allowed
subject to the following restrictions:
(1) One pole mounted sign per approved Valet Queue,
which may identify Valet Parking, the name of the
business(es), rates, and the hours of operation.
(2) Valet Parking signs shall be manufactured and installed
by the City. The sign area shall not exceed six square
feet in area. Such sign shall be pole mounted and
inserted in a ground sleeve. The location of such sign
shall be determined by the City. The sign must be
removed and stored inside the business daily during
business hours when the approved valet queue is not in
use.
(3) Traffic control cones may be used for queuing purposes,
however they shall not contain any additional signage or
markings.
(F) Sign Design Standards: The following subsections describe basic
standards which apply to signs. The application of these standards to specific types of
signs and their location in specific zone districts is set forth in a
matrix contained in Subsection (F)(7). ®
SHORE
CHIROPRACTIC
(1) Types of Signs: """""".::;: '"''''''
278-2727
(a) Free-Standing Sign: A free-standing . ='Cil . ,
sign is not affixed to any other structure ..'~~ ,~#;., ''i>I',i¡ ',,~" ....."
and is limited to no more than two (2) "_,,.~ '." tt.,"-;"I :;')¡.: -
faces. It may be either a pole sign or a ~ ':-~.~~.-: .-,',."
13 ORD NO. 14-04
monument sign. All signs erected on a pole shall contain a pole
cover. All freestanding signs shall contain the street number.
(b) Projecting Sign: A sign affixed to a structure and which
extends at a right angle from the building. A projecting sign shall not
have more than two (2) sign faces.
(c) Under Canopy Sign: A sign hung from a canopy or roof of a
. ;-!Ia" .' walkway. It may be rigid or it may swing. Such a sign may not have
-';' . . .:¡ ~ IIiJIII¡ more than two (2) sign faces.
I I
i ¡
II
~
I".~
, -, _,.,_1
(d) Wall Sign: A wall sign may be flush mounted or hand painted.
Such a sign may be applied to a canopy/awning, mansard, or
building face.
ÍÎ\Arh,
fJ "NNE)(
(2) Sign Area and Height:
(a) Basis for Measurement: The area in square feet or square
inches allowed for each sign face. The sign face includes any background material, panel,
trim, color, and direct or self-illumination used that differentiates the sign from the building,
structure, backdrop surface, or object upon which, or against which, it is placed. When
there is no such differentiation, the sign face shall be a rectangle just large enough to
enclose all lettering, illustrations, ornamentation, symbols. or logos. A sign structure shall
not be computed in sign area provided that no message, symbol, or any of the
aforementioned are displayed on, or designed as part of, the sign structure.
14 ORD NO. 14-04
(b) Height: The vertical distance measured from the highest point
of the sign to the grade at the base of the sign.
(3) Setback Requirements:
(a) Basic Setback Determinants: The setback for a free standing
sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special
setback or special landscape area designated for the street pursuant to Section
4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of-
way. Projecting signs, canopy signs, and wall signs may extend into standard and special
setback areas. No signs shall extend into a right-of-way.
(b) Allowed Partially in Standard Setback: When considered as
a part of a site plan approval, or modification to a site plan, a sign may be located partially
within the ten foot (10') setback area provided that:
(1 ) The sign height is not greater than seven feet (7');
(2) The sign area is a maximum of forty square feet (40
sq.ft.);
(3) The sign area for that portion of the sign within the
setback area is not greater than twenty square feet (20
sq.ft.).
(c) Allowed Totally in Standard Setback: When considered as a
part of a site plan approval, or modification to a site plan, a sign may be located totally
within the ten foot (10') setback area provided that:
(1 ) The sign height is not greater than seven feet (7');
(2) The sign area is less than twenty square feet (20 sq.ft.);
(d) Allowed in Special Setbacks: When considered as a part of a
site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign
may be located within a special setback area provided that:
(1 ) If the sign is to be located no less than ten feet (10') nor
more than twenty feet (20') from the right-of-way, the
sign height shall not exceed seven feet (7'), and the sign
area shall not exceed forty square feet (40 sq. ft.).
15 ORD NO. 14-04
-----------
(2) If the sign is to be located between twenty feet (20') to
thirty feet (30') from the right-of-way, the sign height
shall not exceed fourteen feet (14'), and the sign area
shall not exceed ninety-six square feet (96 sq. ft.).
(4) Safety and Location Requirements.
(a) Location.
(1 ) Agreement Required: Whenever a sign requires a
permit and is allowed within a setback area, easement,
or right-of-way, the person erecting the sign shall be
required to execute an agreement, which shall be
countersigned by the property owner, providing that it is
the obligation of the owner of the sign and/or the
property owner to relocate the sign at such time as the
City determines that additional right-of-way or setback is
required, or if conflicts occur with it being located in an
easement. A performance bond, or acceptable
substitute guarantee, may be required.
(2) Obstructions: A sign shall not be located in such a
manner as to obscure another sign or to be obscured by
an existing sign, a structure, or existing vegetation
unless provisions are made for the removal of the
obscuring sign, structure, or vegetation.
(b) Safety.
(1 ) Safety Determination Required: Whenever
consideration is given to locating a sign within a special
setback or the standard ten foot (10') setback area, the
granting body must determine that the location of the
sign does not present a hazard to pedestrians or to
vehicular traffic circulation.
(2) Traffic Safety: No sign shall be located in such a
manner that it will become a hazard to automotive or
pedestrian traffic nor shall any sign or lighting of a sign
be so placed as to obstruct the vision of the driver of any
motor vehicle where vision is necessary for safety.
16 ORD NO. 14-04
(5) Illumination: Signs may be illuminated directly or indirectly unless
specifically prohibited elsewhere in these LDRs. In residential zoning districts, all
illumination shall be cut off luminair so that the light is not directed toward adjacent
residentially zoned property.
(6) Design Prohibitions/Restrictions:
(a) Intermittent Lighting or Animation: Shall not be
accommodated on any sign except for time and/or temperature unit, or a traveling
message sign which is a part of a sign permitted in commercial zone districts provided that
such part of the sign shall not exceed twenty-five square feet 25 sq.ft. in area.
(b) Moving or Rotating Signs: A sign shall not involve motion or
rotation of any part of a sign structure or display.
(c) Noise Producing Signs: A sign shall not produce noise or
sounds.
(d) Obscene Signage: A sign shall not exhibit thereon any lewd,
lascivious, or obscene, character, or illustration.
(e) Restrictions as to Functions: The use of a sign may be
restricted to functions as set forth in Subsection (F) (7) (Matrix) under the column of "type
of sign".
(f) Smoke or Odor Producing Signs: A sign shall not produce or
emit smoke, vapor, particles, or odor.
(7) Design Standards Matrix: The following matrix sets forth the
standards for various types of signs when located in various zoning districts or defined by
use. The standards set forth therein are subject to descriptions, interpretations, exceptions,
and limitations as provided for elsewhere in these LDRs.
17 ORD NO. 14-04
4.6.7(F)(7) Sian Development Standards Matrix
IRESIDENTIAL ZONE DISTRICTS SIGNING: (R-1 DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS)
Type of Sign Quantity Area (max.) Location .. Height Illumination
Wall Only one sign per 20 sq. ft. At least 10' - must be shielded
lot or parcel from any property line
Free-standina 20 sa. ftJface 8'
¡SIGNING LOCATED IN CF, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO
Type of Sign Quantity Area (max.) location * Height Illumination
Wall Not more than two per lot, 30 sq. ft. on building face - Allowed
parcel or development
Projecting 30 sq. ft./face from building or under - Allowed
canopy
Free-standing 30 sq. ft./face may be in the front 8' Allowed
yard setback
Under canopy 4 sq. ftlface Under canopy Allowed
I~IGNING FOR CHURCHES, TEMPLES. MOSQUES, SYNAGOGUES, AND OTHER PLACES OF WORSHIP, REGARDLESS OF
ZONE DISTRICT
Type of Sign Quantity Area (max.) Location * Height Illumination
Wall one per building 10% of building face on building face - Allowed
not to exceed 120 sq. ft.
Free-standing One 1 112 sq. ft.per1 0' - 14' Allowed
of frantaae
Free-standing one per additional use 20 sq. ft. . 8' Allowed
¡SIGNING IN GC, AC, NC, PC. CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS
Type of Sign Quantity Area (max.) Location .. Height Illumination
one per business 15% of buitding face facing each dedicated - Allowed
(max. of 12' height, street frontage
for computational purposes
only, times the width)
not to exceed 160 50. ft.
Wall one per building 9 sq. ft. on rear of building - Allowed
not facing street
one per business 15% of building face (max. of facing 1-95 - Allowed
12' height, for computation~
ional purposes only, times the
width) not to exceed 160
sq.ft.
Directory one per building 24 sq. ft. on building face - Allowed
Projecting One 30 sq. ft. from building or under - Allowed
3' from face of wall canopy
Under canopy one per business 4 sq. ft. under a canopy which - Allowed
extends store front
access
Free-standing one per frontage ·one at 1/2 sq. ft. of frontage 14' Allowed
not to exceed 160 sq. ft.
·each additional limited
to 50 sq. ft.
. Frsestandlna slans must comolv with setback reoulrsmsnts of Section 4,6.7IF)13)
18 ORD NO. 14-04
(G) Non-Commercial Message: Notwithstanding anything contained in Section
4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code
may, at the option of the applicant, contain either a non-commercial message unrelated to
the business located on the premises where the sign is erected or a commercial message
related to the business and located on the business premises. The non-commercial
message may occupy the entire sign face or portion thereof. The sign face may be
changed from commercial to non-commercial messages as frequently as desired by the
owner of the sign, provided that the size and design criteria conform to the applicable
portions of this section, the sign is allowed by this Code, the sign conforms to the
requirements of the zoning designation and the appropriate permits are obtained. For the
purposes of Section 4.6.7, non-commercial messages, by their very nature, shall never be
deemed off-premises.
(H) Exempt Signs: The following signs are allowed to be erected in the City of
Delray Beach, pursuant to the limitations set forth herein, and do not require a permit:
(1 ) Automated Teller Machine (ATM) Panels: One panel which is
physically constructed within and is an integral part of an ATM, and bears the name of the
A TM system to which it belongs.
(2) Directional Signs: Such signs shall not extend more than five feet
(5') from the ground and shall not be greater than four square feet (4 sq.ft.) in area.
(3) Flags:
(a) Flags may be displayed on any residential or non-residential
parcel of land in accordance with the following rules:
(1 ) A Flag is a piece of cloth usually attached at one edge to
a staff or cord, and used as the symbol of a nation, state,
municipality or service or civil organization.
(2) No more than three (3) flags may be placed upon any
parcel or development less than one acre in size which
is zoned and used for non-residential purposes.
(3) For parcels or developments equal to or greater than
one acre in area that are zoned and used for non-
residential purposes, no more than one flag per 15,000
square feet of lot area shall be allowed.
19 ORD NO. 14-04
(b) Two (2) flags may be flown at a time when model homes or
model apartments are open for inspection.
(c) Flags of service or civil organizations may be displayed at
respective meeting sites during meeting hours.
(4) Hours of Operation Signs: Signs denoting hours of operation shall
be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be
located close to the entry of the business.
(5) Instructional Signs: Instructional signs are signs which convey
instructions with respect to the premises on which it is located, such as "no trespassing", a
danger sign, and similar signs (other than parking signs). Such signs shall not extend
more than five feet (5') from the ground and shall not be greater than three square feet (3
sq.ft.) in area.
(6) Nameplates: One (1) nameplate sign per building, not exceeding
three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or
street address of the principal occupant.
(7) Non-Residential:
(a) Non-Residential Window Signs.
(1 ) Plastic, neon, or painted signs may be placed upon
windows when limited to 20% of the aggregate glass
area, per tenant space or per main use.
(2) Paper signs displayed two feet (2') or more from the
inside of the glass but which are visible from the outside
shall be limited to 20% of the aggregate area, per tenant
space.
(8) Residential.
(a) Residential Real Estate Signs:
(1 ) One sign per lot, the sign being not greater than three
square feet (3 sq.ft.) in area on residentially zoned
property;
(2) One additional sign per lot may be erected on a lot which
borders a waterway provided that the sign is located
20 ORD NO. 14-04
along the waterways; said sign shall not exceed nine
square feet (9 sq.ft.) in area;
(3) All real estate signs shall be non-illuminated;
(4) The text of real estate signs shall be limited to the
phrase "For Sale" or "For Lease" or "For Rent" and may
identify the seller or agent;
(5) An additional sign, of not greater than three square feet
(3 sq.ft.), may be attached to a real estate sign provided
that its text is limited to the words such as "pool" or
"open" or "sold";
(6) An additional "open house" sign of not more than three
square feet (3 sq.ft.) in area may be displayed only
during the hours when the house is being shown.
(7) Non-residential real estate sign is exempt if the sign is
not greater than sixteen square feet (16 sq.ft.) in area.
(b) Other Residential Signs.
(1 ) One sign per lot, not to exceed three square feet (3
sq.ft.) in area on residentially zoned property.
(2) One sign per residence, not to exceed three square feet
(3 sq.ft.).
(c) Window signs.
(9) Temporary Signs:
(a) Temporary Political Signs
(1 ) Non-illuminated temporary political signs for each
candidate or two (2) such signs for, or against, a
referendum issue may be placed on any parcel or lot.
(2) Each temporary political sign shall be removed within ten
(10) days after the date of election or referendum. In the
event that said signs are not removed prior to expiration
21 ORD NO. 14-04
of the ten (10) day period, the sign shall constitute an
abandoned sign and the City shall send by certified mail,
return receipt requested, to the addresses of the Owner
of each property whereon the temporary political sign is
located and Owner is listed on the current tax roll of the
county, a notice of noncompliance stating that the City's
Code Enforcement Board shall fine the property owner
for each day of noncompliance if the sign is not removed
with the ten (10) days after receipt of notice.
(3) No temporary political sign shall exceed twelve square
feet (12 sq.ft.) per sign face in area on any private lot or
parcel.
(4) Any temporary political sign in the public right-of-way
cannot exceed three square feet (3 sq.ft). No temporary
political sign shall be placed on any public property.
Signs may not be placed in a location that constitutes a
safety hazard or hindrance to pedestrian or vehicular
traffic.
(b) Other Temporary Signs.
(1 ) All temporary signs non-commercial in nature not
addressed in this code, or otherwise prohibited, may be
placed in the public right-of-way, but not on other public
property, as long as they do not create a safety hazard
or as long as they do not constitute visual blight for a
period not to exceed three (3) days.
(10) Tenant Panels: A change of a tenant panel in a directory sign, or a
sign which accommodates a tenant, is exempt from needing a permit provided that the
sign was permitted and there is no change in colors or letter style.
(I) Exempt Signs Requiring City Manager Approval:
(1 ) City Civic Signs: Signs for facilities located on City property, or
within public right-of-way, and which are operated by the City, its licensees, agents, or
contractors, or by other public purpose organizations of general benefit to the community
may be exempt by order of the City Manager if it is determined that the sign type meets the
following criteria:
22 ORD NO. 14-04
(a) the sign provides notice to the public of a public meeting or other
public event,
(b) the sign is temporary and for a limited time, and
(c) the sign, if allowed for a limited time, will meet the following
criteria:
(1 ) the signs will not conceal or obstruct adjacent land uses
or signs,
(2) the signs will not conflict with the principal permitted use
of the site or adjoining sites,
(3) the signs will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
(4) the signs will be installed and maintained in a safe
manner.
(5) The approval, or disapproval, of such signs shall not be
based on the content of the message contained (Le., the
viewpoint expressed) on such signs. The City Manager
or his/her designee shall render a decision within ten
(10) days after an application is made for utilizing this
sign type at a special event. Such a decision shall be
deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to
the City Commission.
(d) Each sign limited to less than twenty square feet (20 sq.ft.) in
area;
(e) Allowed ten (10) days prior to the event and must be removed by
the second day after the event.
(2) Wayfinder Signs:
(a) the sign provides notice to the public of a public meeting or other
public event,
23 ORD NO. 14-04
(b) An off-premise sign designed to guide or direct pedestrians or
vehicular traffic and it also may include kiosks that provide information of general benefit to
the community, and
(c) the sign, if allowed for a limited time, will meet the following
criteria:
(1 ) the signs will not conceal or obstruct adjacent land uses
or signs,
(2) the signs will not conflict with the principal permitted use
of the site or adjoining sites,
(3) the signs will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
(4) the signs will be installed and maintained in a safe
manner.
(5) The approval, or disapproval, of such signs shall not be
based on the content of the message contained (I.e., the
viewpoint expressed) on such signs. The City Manager
or his/her designee shall render a decision within ten
(10) days after an application is made for utilizing this
sign type at a special event. Such a decision shall be
deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to
the City Commission.
(J) Prohibited Signs: The following signs, or sign features, are prohibited
within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall
be unlawful for any persons to erect prohibited signs or use prohibited sign features.
Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited.
(1 ) Banners and Wind Signs:
(a) Banners: A sign consisting of characters, letters, illustrations
or ornamentations attached to cloth, paper, or fabric backing used for the purpose of
communicating the presence of a business, the sale of a product, or the location of a
business. For special events, temporary Roadway Banners may be allowed as provided
for in Section 4.6.7(E)(3)(k). Grand Opening banners may be allowed as provided for in
Section 4.6.7(E)(3)(c).
24 ORD NO. 14-04
(b) Wind Signs: Signs consisting of banners, pennants, ribbons,
spinners, streamers, balloons, or other objects or material fastened in such a manner as to
move upon being subjected to pressure by wind.
(2) Off-Premise Signs: A sign, including building signs, that advertise an
establishment, merchandise, service, or entertainment which is sold, produced,
manufactured, or furnished at a place other than the property on which the sign is located,
however, non-commercial messages shall never be off-premises.
(3) Roof Signs: A sign erected on the roof, or above the roof line, or on
the parapet.
(4) Snipe Signs: Snipe signs are prohibited.
(5) Traffic Confusion: A sign or other advertising matter erected at the
intersection of any streets or in any street right-of-way in manner as to obstruct free and
clear vision; or at any location where, by reason of the position, shape, or color, it may
interfere with, obstruct the view of, or be confused with any authorized traffic sign, a traffic
signal, or traffic device; or which makes use of the words "stop", "look", "drive-in",
"danger", or any other word, phrase, symbol, or character in a manner as to interfere with,
mislead, or confuse vehicular traffic.
(6) Vehicular Signs: Signs placed on vehicles or trailers that are parked
in the street, public right-of-way or on private property for the primary purpose of displaying
the sign for advertising a commercial enterprise.
(7) Waterbourne Signs: No sign or advertising shall be displayed on a
vessel plying the waterways, excluding, the identification of the vessel.
(K) Structural Standards: In addition to provisions of the Standard Building
Code and provisions of Chapter 7 of this Code, the following structural standards shall be
required for all signs erected in the City.
(1 ) Combustible Materials: No sign constructed of combustible material
shall be attached to any structure or building if the sign has enough area to require a
permit. Wood is not considered a combustible material.
(a) Combustible signs up to fifty square feet (50 sq.ft.) in area shall
be at least twenty feet (20') from any building or structure.
25 ORD NO. 14-04
(b) Combustible signs from fifty-one square feet (51 sq.ft.) up to
one hundred square feet (100 sq.ft.) in area shall be at least forty feet (40') from any
building or structure.
(c) Combustible signs from one hundred one square feet (101
sq.ft.) up to one hundred sixty square feet (160 sq.ft.) in area shall be at least eighty feet
(80') from any building or structure.
(2) Securing Signs: Wall signs shall be securely attached to the building
or structure by means of metal anchors, bolts, or expansion screws. No wood blocks or
anchorage with wood used in connection with screws or nails shall be considered proper
anchorage, except in the case of wall signs attached to buildings or structures with walls of
wood. No wall sign shall be entirely supported by an unbraced parapet wall.
(3) Wind Loading: Every sign shall be constructed in a manner as to
withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans
showing location, structural members, and design calculations for wind loading and for
signs thirty-two square feet (32 sq.ft.) or over, a certification sealed by a state registered
engineer or architect stating that the design will meet the requirements of this code shall
be submitted. All sign contractors shall sign a certificate stating wind loading will meet
requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are
submitted.
(L) Removal of Signs:
(1 ) Removal and Disposition of Non-Complying Signs:
(a) It shall be unlawful to erect, use or maintain a sign or sign
structure when it does not comply with the requirements of Section 4.6.7. The City is
authorized to remove unlawful signs and sign structures pursuant to the provisions of
Section 4.6.7.
(b) Unauthorized signs are subject to removal pursuant to the
following provisions:
(1 ) Temporary Signs.
(i) The City finds that, in view of the inexpensive
nature of these signs and the administrative
burden which would be imposed by elaborate
procedural prerequisites prior to removal, any
procedure other than summary removal of these
signs when unlawfully erected and maintained
26 ORD NO. 14-04
would defeat the purpose of regulating such
signs. The City Manager is hereby authorized to
remove such signs when unlawfully erected and
maintained, subject to the provisions contained
below.
(ii) After removal of a sign pursuant to this section, a
notice will be sent, either in person or by first-
class postage, prepaid, to the occupant of the
property from which the sign was removed, and if
the sign identifies a party other than the occupant
of the property, the party so identified. The notice
shall advise that the sign has been removed and
shall state that the sign may be retrieved within
thirty (30) days of the date of the notice, and that,
if the sign is not retrieved within thirty (30) days, it
will be disposed of by the City.
(iii) The City shall dispose of all unclaimed signs after
the expiration of the thirty (30) day period.
(2) Permanent Signs.
(i) Signs and sign structures not subject to removal
pursuant to (i) above which are or have been
erected or maintained unlawfully, may be referred
to the code enforcement board for appropriate
action or the City may proceed to pursue all
remedies available at law or equity to it to remove
signs or sign structures which are or have been
unlawfully erected or maintained.
(2) Unsafe Signs: Notwithstanding the above provisions, any sign which
is declared to be a dangerous sign shall be removed or made to conform with the current
building code immediately, upon notice, by the Chief Building Official.
(M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the
City of Delray Beach shall apply.
(N) Procedure to Appeal Permit Denial.
(1 ) Permit application may be denied for the following reasons:
27 ORD NO. 14-04
(a) The application for permit is not fully completed and executed;
(b) The applicant has not tendered the required application fee with
the application;
(c) The application for permit contains a material falsehood or
misrepresentation;
(d) The applicant has not complied or cannot comply with
applicable licensure requirements, ordinances or regulations of
the City.
(2) If permit application was denied, it may be appealed to the City
Manager and, if upheld, to the Circuit Court of Palm Beach County.
Section 3. That Appendix "A" be amended as follows:
./\'8ANDONED SIGN: .'\ sign is consider-eå atiJ¡mdoned if a tiJusiRess advertised 131'1 that
sign is 1'113 longer licensed, no lengor has a certificate ef occupancy, or is 1'113 lenger doing
business at that location.
ACCESSORY USE SIGN: Sign locateå iR a residential, commeroial, er industrial pr-ojeot
'Nhere more tnan one building or UEe at the same site is undor the control of tt:!e samo
owner or tenaRl. Tt:!o sign zhall be uEed only for the purpose ef idontifying the name ef or
uso of the acceEEery tiJuilding.
ADVERTISING STRUCTURE: Any Etrl,Jsture erected for aåvertising purposes, witt:! er
witnel,Jt any advertizemeRt åisplay thereon, Eitl,Jated upon or attaot:!eå to raal pro¡3erty,
upon whicn any poster, bill, priRtin! , painting, device, or othor advertisemeRt may bo
placed, posted, paintod, tacked, naileå, or other-vise fasteneå, affixod, or displayed;
provided, however, tt:!at this term shall net iRSIl,Jdo buildings.
ANIMATED SIGN: A sian which uses movement or chanae of liahtina to deoict action or
to create a soecial effect or scene.
AWNING SIGN: A tenant identification sian desianed as Dart of the awnina.
BANNER: A temoorarv sign having the characters, letters, illustrations, or ornamentations
applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner"
shall not include any animated or fluttering devices designed to attract attention
28 ORD NO. 14-04
CANOPY SIGN: A sign placed upon t :¡e fr-oRt af a canopy. "Cano 3Y Si~R Under" is a sign
pl:3ceE! an the portion of t :¡e С,¡ilE!ing which is unE!er tl=la caRopy. Dedestrian oriented siQn
which is susDended from. attached to. sUDDorted from. or forms a Dart of a canODV.
CHANGEABLE COPY SIGN: A sign of perm::ment character, but with romovable lelters,
words, or Rumorals, indicating the Ramos or porsons m:sociated '/ith, or events conductod
upon, in'lol'/in~ civil, community, and cultural activitios, tho promises upon which :3 sign is
maintained. on which a messaQe CODY is chanQed throuQh moveable letters. numbers. etc.
CONSTRUCTION/DEVELOPMENT SIGN: A temDorarv siQn identitvinQ an architect,
contractor. subcontractor. or develoDer on the DroDertv which is to be develoDed.
DIRECTIONAL SIGN: (1) OR promise !ncidental signs designed to guide or direct
pedestrians or vehicular traffic. (2) Si~ns orectod or permitted by tl=le sity, county, the stato,
or tho United States ~ovornment or agency thereaf for tho direction or safoty of the p¡,¡Ðlic.
(3) ^ sign, notice or symbol as to the time and pl:3ce of regular civic moetings and religious
acti'/ities and servicos.
DIRECTORY SIGN: ^ny sign ·....l=Iisl=l ~i'los the name or occupation af tl=le assupants of the
building or givos tha uso of the building iRSI¡,¡E!iRg offico building directories, sRuroh
diroctorios, and apartment houso diroctorios. Whon an iE!eRtifisation of an entity is pl:3ced
on :3 cammon director¡ board with iE!eRtisal uniform stylo and size af loltor, tho idontity
shall not bo dofiRed as a soparato sign but sRall bo considorod as a part af tho directory
~ A siQn IistinQ the tenant's names. locations. buildinQs or QrouD of buildinQs.
DOU8LE F.II.CED SIGN: .'\ sign with two fuses which are usually, but not Resessarily,
parallo!.
ELECTRICAL SIGN: ^ sign ar Si~R str¡,¡sturo in which intogml alestris 'JJiriR~. sonnections,
or fixtures are ¡,¡saE! as 3art of the sign pro 3er.
FIXED PROJECTION SIGN: ,II, Si~R, othor than a flat SigR, wl=lisl=l extends perpendicular
tram tl=lo façade of any builE!iR~ aRE! is rigidly affixed thereto.
FLAT WALL SIGN: A sign erected parallel to aRE! extending not mor-o tl=laR ei~Rt iRSROS
from the facade of any building. the buildinQ to which it is attached. and sUDDorted entirelv
bv the facade.
FREESTANDING SIGN: A E!atasl=leE! sign which shall iRsl¡,¡E!e aRY si~ns supported by
uprights or br-asas placod upon or in or sup 3artod by tho ground and not altasl=leE!to any
building; shall incl¡,¡E!a 3alo signs and ground Eigns. A siQn that is not affixed to any other
structure and is limited to no more than two (2) faces. It may be either a Dole siQn or
29 ORD NO. 14-04
monument sian. All sians erected on a pole shall have a pole cover. All free-standina
sians shall contain the street number.
GASOLINE PRICING SIGN: A sian incorporated into a aasoline station identity sian. for
displav of the price chanaes.
HEIGHT (OF A SIGN): The vertical distance measured from the hiQhest point of the sian.
to the arade at the base of the sian.
IDENTIFICATION SIGN: A sign, other than a 1a ,Jlletin board sign, or nameplate sign,
indicating the name of the primary use" The name or address of a building, or the name of
the management ther-oof.
IllUMINATED SIGN: A sign in '""hich a with an internal or external artificialliaht source at
light is used in order to make the messa§e r-e3dablo and shall include internally and
oxternally lighted signs.
INSTRUCTIONAL SIGN: A sign sOI'lVoyin§ instr ,Jstions with res 3ost to the 3romises en
which it is maintained, such as tho entrancos or exit of a parking area, a no trespassing
£ign, :] E13A€Jor Ei€JA, 3Aå Eimilar Ei€JAE.
MARQUEE SIGN: A sian attached to or supported bv a marauee structure. which is a
permanent roof-like structure or canopy extendina from the facade of the buildina.
MENU BOARD SIGN: A chanaeable copy sian for displavina a menu selection and
pricina of the items for sale.
MONUMENT SIGN: A freestandina low profile sian with the sian area at the top of a solid
base.
NAMEPLATE SIGN: A non-electric. on-premise identification sian aivina onlv the name.
address and/or occupation of the occupants.
NONCONFORMING SIGN, CLASS 1 AND CLASS 2: .'\ Ei€JA or 3d'.'orti£il1§ £trt:Jctl:Jrø
existing 'Nithin the incorporatod arca on December 18, 1985, which, by its height, square
foot area, location, use, or structural support did not conform to the requirements of the
code prior to the effective date ef this sha 3ter shall hereafter lae tormes neAsonforming,
class 2; a si§A er asvortisiA§ str ,Jst ,Jrc oxisting within the incorporatod area on July 10,
1986, which, by its haight, square foot aroa, location, usa, or structural support did conform
to the rcquiroments of tho code on Decembor 18, 1985, but which do not after adoption of
this chapter shall hereafter bo termed nonconforming, class 1. A sian which was erected
leaallv but no lonaer complies with the current sian code reaulations.
30 ORD NO. 14-04
OFF-PREMISE SIGN: A sign, including build in€! si€!ns, a8'JOrtising an establishment,
merchandise, servico, or ontortainFRent, wl=lish is sold, producod, FRanufactured, or
furnishod at a place etl=ler tl=lan advertisina a business which is not located on the property
on which where the sign is located.
ON PREMISE SIGN: .'\ si€!n wl=lisl=l FRay carry non commercial messagos as well as
commersial messages strictly incidental to the lawful uso of tho proFRise en which it is
loc3ted, including signs or sign devices indicating tho businoss transacted, services
rondorod, goods sold, or producod on tho promisos, name of the business, name of tho
porson occupying the promisos.
PAINTED WALL SIGN: A sign painted on any outside wall or roof or on glass of any
building. aDDlied with Daint or similar substance on the face of a wall.
POLE SIGN: A freestandina sian that has the sian area at the tOD of a Dole.
POLITICAL SIGN: A temDorarv sian erected by a Dolitical candidate. or a DroDonent or
oDDonent to a referendum. or arouD or aaent thereof for Dolitical Durooses directed toward
the ultimate exercise of votina by the aeneral Dublic in connection with local. state or
national elections.
PORTABLE SIGN: Any sian desianed to be easily moved. such as a sidewalk or
sandwich boards sian. and is not Dermanently affixed to the around or to a buildina.
PROJECTING SIGN: A sian which is attached at a riaht anale to the outside wall of the
buildina
REAL ESTATE SIGN: Any sign eresto8 by an owner or his agent, advertising the real
property upon which the sign is locatod as for ront or salo. temDOrary sian advertisina the
real estate where the sian is Dlaced. statina as beina for sale. rent or lease.
ROADWAY BANNER: A temDOrary sian that is constructed with a standard vinyl
awnina material that draDes above the roadway. attached to City installed Doles on both
sides of the road.
ROOF SIGN: A sign emctod on tho roof, or at;)e'¡e tl=le r-eef line, except that a sign placed
on the face of a parapet wall which doos not oxcoe8 fo¡,¡r foet in height and which forms a
continuous extension of the faco of the build in€! shall net be considered a roof sign. In
addition, a mansard soction sign below the reef line is not a roof sign. which Droiects
above the roof line or is located on the roof of the buildina structure.
31 ORD NO. 14-04
SIGN: AfJY. device. structure or fixture usinq qraphics. symbols or written copy desiqned to
advertise or identify an establishment. product. qoods or services. or rDprDseFltation for
visual communication that is uSDd for tho pur¡JOse of bringing the subjoct theroof to tho
attontion of others.
SIGN AREA: Whore a sign is designod so that the sign fuco is cloarly dim,omiblo, tRe si§FI
aroa shall bo oqual to tho aroa ef tho sign fuco. 11'1 all etRer eirG¡,¡m£tanse£ t Ihe sign area
shall be the area of a rectangle enclosing all lettering, illustrations, ornamentation and
loqos or color which forms an integral part of the display, or differentiates the display area
from the background on which it is placed. Ordinarily the sign structuro '/Jill not bo includod
in tho £ign aroa. Howover, whoro tho sign structuro is a le§e (etRer th::m a roligious
symbol on tho sito of a roli§ie¡,¡s iFlstit¡,¡tien), tRe reetangle used to measure the £ign area
£hall includo the portion of the £tructure which con£titute£ the logo, or usos color in the
manner described.
SIGN CONTRACTOR: ^ porson liconsed to oroct any typo of sign structuro rogardloss of
size and com¡;¡lexity, l3¡,¡t £hall not l3e allewOEt te install any eleetrical 'Nork iFl connection
therewith.
SIGN FACE: The part of tho £ign that i£ or con bo UGod to idontify, advertise,
communicoto information, or for '¡isual representation which attracts tho attontion of the
public for any purposo. Sign Face includos any background matorial, panol, trim, color,
and direct or Golf illumination usod that difforentiatos tho sign from tho building, structure,
backdrop surfuco or objoct upon which or against which it is placod. Tho sign structuro
shall not be included ::J£ a portion of the Sign Face provided that no mossage, £ymbol, or
any of tho aforomontionod Sign Face critoria are displayod on or doignod as part of tho
sign structure.
SIGN STRUCTURE: 1\ supporting structure orocted or intended for tho purpose of
idontification, v,'ith or without a sign thoroon, situates ¡'¡¡;¡OFl er attaeRos to tRo ¡;¡romisos,
UpOFl which any si§n is fusteFled, affixed, sis¡;¡layed, or applied, provided, however, this
definition shall not include a building or ronce. 1'. Sign Structuro may be a single polo and
mayor may not be an integral part of a building.
SNIPE SIGN: Any siqn of a commercial nature located in the public riqht-of-way or placed
in the qround elsewhere that has not been approved by the City.
SUBDIVISION ENTRANCE SIGN: An entrance siqn identifyinq the name of the
subdivision or residential development.
32 ORD NO. 14-04
TiMPORARY CONSTRUCTION SIGN: I.... si€JA eroote£! aA£! R'laiAtaiAe£! en preR'lises
undergoing construction advertising the name of the business, architect, contr3ctor,
subcontractor, or material man and financial institutions.
TEMPORARY POLITICAL SIGN: II. sign erected by a political candidate, or a proponent
or opponent to a referendum, or group or agent thereof for political purpm:es directed
toward the ultimate exorcise of voting by the general public.
TEMPORARY SIGN: Anv siqn erected for a limited time period.
UNDER-CANOPY SIGN: A siqn attached or suspended under the canopv or roof of a
walkwav.
UNLAWFUL SIGN: A siqn which does not meet the requirements of this code and which
has not received leqal nonconforminq status.
WALL SIGN: A siqn painted or attached parallel to the outside of a buildinq.
WAYFINDER SIGN: An off-premise siqn desiqned to quide or direct pedestrians or
vehicular traffic and it also mav include kiosks that provide information of qeneral benefit to
the communitv.
WIND SIGN: A siqn consistinq of one or more banners. pennants. ribbons. spinners.
streamers. balloons. or other obiects or material fastened in such a manner as to move
upon beinq subiected to pressure bv wind.
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 division shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid. By adopting this ordinance, the City Commission intends that
each part shall be separate from one another and any part declared to be invalid or
unconstitutional shall not effect the validity of any remaining portions of the ordinance.
Section 5. That all ordinances in conflict herewith be, and the same are hereby
repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
33 ORD NO. 14-04
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,2004.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
34 ORD NO. 14-04
-- -- --------------------------------
POLICY STATEMENT
Signs within the Public Right-of-Way ( R-O-W)
For Streets and B/ocks under Construction
I. General Statement:
A. The City may consider allowing signs in the public right-of-way directing
vehicular and/or pedestrian traffic to businesses that may otherwise appear to be closed
due to street construction and/or redevelopment within a city block.
B. The developer shall be responsible for the costs of creating the signs for
each business affected by the construction.
C. The City shall attempt to install the signs in such a manner as to provide
directions to the place of business during such periods of construction or
redevelopment.
D. A portable sign may include the name or names of businesses and the
hours of operation. However, in no instances may they be used for advertising
purposes.
E. The number and size of the signs will be determined on a case by case
basis but shall be no larger than three feet (3') in order to avoid visual clutter. In any
event, the size and number allowed may differ from street to street depending on the
location and the level of construction in the area. More than one business or a group of
businesses may have signs placed at the same sign location.
F. The City's Public Works Department shall be responsible for the
placement and installation of the signs within the public right-of-way to ensure public
safety is maintained.
II. Procedure:
A. The applicant who may be an individual or a representative of a special
overlay district such as, but not limited to, the DMBA, CRA, WARC, or PGMS, shall
submit a letter of request to the Community Improvement Department for the placement
of portable signs in the public right-of-way when a street or block is under construction.
B. The letter shall contain a brief description of why the signs are needed, the
name of the business(es) that shall be affected by the construction or redevelopment
that are requesting portable sign exposure, a general description of the geographical
area in which they are to be located, the name of the developer responsible for the
construction and/or redevelopment, and the approximate length of time the portable
signs are to be erected.
C. The Director of Community Improvement shall place the Letter of Request
on the next available DSMG meeting agenda for consideration.
1. Grounds for denial are:
a. The letter requesting the portable signs does not provide
sufficient information detailing why or where the signs are
needed;
b. The letter requesting the portable signs contains a material
falsehood or misrepresentation;
c. The applicant or person on whose behalf the portable signs
have been requested has outstanding and unpaid debts,
liens and fees to the City of Delray Beach;
d. The applicant or person on whose behalf the portable signs
have been' requested has outstanding code violations that
have not been cured as of the date of request for the
portable signs.
D. In the event a request is denied, an appeal may be made to the City
Commission pursuant to LDR Section 2.4.7(E).
--,------- ----------
~
TO: DAVID T. HARDEN
CITY MANAGER ~ ~
THRU: PAUL DORLlNG
DIRECTOR OF PLANNING AND ZING
FROM RON HOGGARD, SENIOR PLANNE~~~
SUBJECT: MEETING OF JULY 8.2004 - FIRST READING AND TRANSMITTAL OF
COMPREHENSIVE PLAN AMENDMENT 2004-2 (04-2).
The City Commission initiated Comprehensive Plan Amendment 04-2 on April 13, 2004. It
is noted that there have been several changes to the contents of this amendment since its
initiation. The privately initiated FLUM amendment for a portion of the Lighthouse property,
located south of SW 1st Street, between SW 1st and SW 2nd Avenues has been removed
and will be processed separately as a small scale FLUM amendment. The City initiated
FLUM amendment to consolidate and eliminate unnecessary FLUM designations will be
accomplished by a text amendment and the City initiated FLUM amendment for the West
Atlantic Avenue Overlay has been modified to exclude the parcel in front of the Tennis
Center. An additional text amendment for a new Open Space and Recreation Element
policy, regarding the establishment of an urban park at Old School Square has been added.
The remaining items in the Plan Amendment consist of one (1) City initiated Future Land
Use Map amendment, one (1) privately initiated Future Land Use Map amendment and a
number of text changes, including those regarding increases in density in the Southwest
Area Neighborhood Area and Comprehensive Plan requirements adopted by the Florida
Legislature in 2002 for a new 10-year Water Supply Facilities Work Plan. Full analysis of
each of the changes is contained in the attached Comprehensive Plan amendment and
support documents.
The Planning and Zoning Board held its public hearing regarding the amendment on May
17,2004. During the Public Hearing, several residents made comments related to specific
elements of the amendment. These related mainly to the proposed density increase for a
portion of the Southwest Area Neighborhood. Residents were confused as to just how their
properties were being affected. It was explained that the change was intended to implement
recommendations in the community-prepared redevelopment plan for the area and that
while the change would increase the maximum development potential of the properties if
and when they should redevelop. The Board heard a presentation by Staff and the
developer on the privately initiated FLUM amendment to accommodate the Cottages at
Banyan Village project. Public testimony was provided both for and against the project. The
overall concerns focused on issues related to the appropriateness of the higher density
project surrounded primarily by single family development, the proposed project's
affordability, and its consistency with the Southwest Area Neighborhood Redevelopment
Plan.
\Oß
After discussion, the Planning and Zoning Board voted (3-1, Sowards, Pike and Walker
absent) to recommend denial of the FLUM amendment for the Cottages of Banyan Village
project. The Board voted (4-0 Sowards, Pike and Walker absent) to recommend approval of
the remainder of Comprehensive Plan Amendment 04-2 on first reading and transmittal of
the amendment to the Florida Department of Community Affairs.
By motion, omit the privately initiated FLUM amendment for the Cottages of Banyan Village
and approve on first reading, Ordinance No. 29-04, adopting the remainder of
Comprehensive Plan Amendment 04-2, based on positive findings that it supports and
furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the
Amendment, containing the material in the staff report and attachments to the Florida
Department of Community Affairs.
1. Future Land Use MaD Amendments
a. City initiated Future Land Use Map amendment for property within the West Atlantic
Overlay District from GC (General Commercial) to CC (Commercial Core).
b. Privately initiated Future Land Use Map amendment for approximately 9 acres on
the southwest corner of Swinton Avenue and SW 10th Street from LD (Low Density
Residential 0-5 Units/Acre) to MD (Medium Density Residential 5-12 Units/Acre).
The proposal is to accommodate the proposed Cottages at Banyan Village project.
2. Text Amendments
a. Future Land Use Element - Modification of the description of the Medium Density
FLUM designation to include provisions for increased density to approximately 24
units/acre within the boundaries of a special overlay district within the Southwest
Neighborhood Area, subject to Conditional Use approval. This overlay district,
located between the commercial area along West Atlantic Avenue and SW 2nd
Street, from Swinton Avenue to Interstate 95, is being created to accommodate
higher density residential development pursuant to the Southwest Area
Neighborhood Redevelopment Plan;
b. Future Land Use Element - Modification of the descriptions of the Commercial
FLUM designations related to the West Atlantic Overlay Area;
c. Future Land Use Element - Modification of FLUM category descriptions to reflect
consolidation and elimination of unnecessary FLUM designations;
d. Transportation Element - Revise Map #17, Intermodal Facilities;
e. Transportation Element - Revision to policies under Objective D-3 to address and
update timetables and the completion of tasks;
f. Housing Element - Update Residential Neighborhood Categorization Map to reflect
existing land use and boundary changes.
g. Public Facilities Element - Revisions to consider the regional water supply plan and
include a 10-year Water Supply Facilities Work Plan addressing water supply
facilities necessary to serve existing and new development;
h. Conservation Element - Amendment dealing with public recreation and boat ramps
in conservation areas to achieve internal Plan consistency with the Open Space and
Recreation Element;
i. Conservation Element - Revisions addressing projected water needs and sources
considering the South Florida Water Management District's Lower East Coast Water
Supply Plan;
j. Open Space and Recreation Element - Add policy stating that all park planning will
be compatible with the adopted City of Delray Beach Parks and Recreation System
Master Plan;
k. Intergovernmental Coordination Element - Add policy to ensure coordination of the
Comprehensive Plan with the regional water supply plan;
I. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements
Schedule For Projects> $25,000) to reflect implementation of the new $24 Million
Parks and Recreation Bond;
m. Capital Improvement Element - Modification of Table SD-CIP. This table is the
School District's Six Year Capital Improvement Schedule referenced in CIP Element
Policy A-8.3;
n. Public Schools Facilities Element - Updated Map Series for the School District.
Replace Map PS 1.1; PS 2.1; PS 3.1; and PS 3.3. Eliminate Maps PS 3.2 and PS
3.4;
o. Public Schools Facilities Element - Elimination of the appendices;
p. Public Schools Facilities Element - Minor text changes throughout the element to
amend references to the updated Map Series; updated Six Year Capital
Improvement Schedule; and the deleted Appendices;
q. Public Schools Facilities Element - Amendments required to maintain consistency
with the recently amended Interlocal Agreement
· Add definition for "First FTE Student Count" to Definitions section
· Amend Policy A-1.1 dealing with the LOS standard
· Amend Policy A-3.1 dealing with intergovernmental coordination; and
r. Open Space and Recreation Element - Add policy to establish an urban park at
Old School Square
Attachments:
. Comprehensive Plan Amendment 04-2
ORDINANCE NO. 29-04
AN ORDINANCE OF THE CITI COMMISSION OF THE
ClTI OF DELRA Y BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2004-2
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; All AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2004-2" AND INCORPORATED HEREIN
BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local
Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due
public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as
Local Planning Agency, recommended to the City Commission that the proposed Comprehensive
Plan Amendment 2004-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and
reviewed by the City Commission; and
WHEREAS, following due public notice, the ftrst of two required public hearings on
Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004, at
which time it was authorized to be transmitted to the Department of Community Affairs for
required review; and
WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by
the Florida Department of Community Affairs and no ORC (Objections, Recommendations &
Comments) Report was issued; and
WHEREAS, following due public notice, the second of two required public hearings on
Comprehensive Plan Amendment 2004-2 was held on August 2, 2004, in accordance with statutory
requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CIIT COMMISSION OF THE
CIIT OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares
its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land
Development Regulation Act".
Section 2. That in implementation of its declared intent as set forth in Section 1 of tlús
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004-
2, which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2004-2.
Section 4. That should any section or provision of tlús 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 wbole or part thereof other than
the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That tlús ordinance shall become effective upon the date a final order is issued by
the Department of Community Affairs finding the amendment in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding
the amendment to be in compliance in accordance with Chapter 163.3184, F.S.
2 ORD. NO. 29-04
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2004.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 29-04
CITY OF DELRAY BEACH, FLORIDA
Planning & Zoning Board
Transmittal Public Hearing
May 17, 2004
City Commission
Transmittal Public Hearing
June 8, 2004
--.
!
CITY OF DELRA Y BEACH, FLORIDA
- TABLE OF CONTENTS -
Paae
TEXT CHANGES - (CITY INITIATED)
1 Description of the Medium Density FLUM designation, Future Land Use
Element.
2 Descriptions of Commercial Land Use FLUM designations, Future Land
Use Element.
S Description of Rural Residential FLUM designation, Future Land Use
Element.
6 Table L-7 - Land Use Designation/Zoning Matrix, Future Land Use
Element
6 Description of Community Facility FLUM designation, Future Land Use
Element.
7 Map #17, Intermodal Facilities, Transportation Element
7 Policy 0-3.1, Transportation Element (Transportation Surveys)
7 Policy 0-3.2, Transportation Element (TCEA - Transportation
Management Association)
8 Policy 0-3.3, Transportation Element (TCEA - TOM)
8 Policy 0-3.5, Transportation Element (TCEA - Bicycle Facilities)
9 Policy 0-3.6, Transportation Element (In-Town Shuttle)
9 Policy 0-3.8, Transportation Element (TCEA - Signage)
9 Policy 0-3.10, Transportation Element (TCEA - Sidewalks)
9 Map #22, Residential Neighborhood Categorization Map, Housing
Element
~.
10 Objective B-5 and Policies B-5.1 to B.5.4, Public Facilities Element (10-
Year Water Supply Facilities Work Plan)
10 Policies B-1.1 and B-1.8, Conservation Element (FIND Parcel 650)
11 Objective A-5 and Policy A-5.1 , Conservation Element (Regional Water
Supply)
12 Policy A-2.14, Open Space & Recreation Element (Parks & Recreation
Master Plan)
12 Policy A-2.15, Open Space & Recreation Element (Old School Square
Urban Park)
12 Policy A-1.11, Intergovernmental Coordination Element (Regional Water
Supply)
12 Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For
Projects> $25,000), Capital Improvement Element
13 Table SD-CIP, School District of Palm Beach County Six Year Capital
Improvement Schedule, Capital Improvement Element
13 School District Map Series, Public Schools Facilities Element
14 Public Schools Facilities Element Appendices
14 Public Schools Facilities Element - Text changes to amend references to
the updated Map Series; updated Six Year Capital Improvement Schedule
and the deleted Appendices.
14 "First FTE Student Count" Definition, Public Schools Facilities Element
14 Policy A-1.1, Public Schools Facilities Element (LOS standard)
15 Policy A-3.1, Public Schools Facilities Element (intergovernmental
coordination)
AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY
INITIATED)
16 The Cottages at Banyan Village
AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED)
16 West Atlantic Avenue Overlay District
---~.
CITY OF DELRA Y BEACH, FLORIDA
I CITY INITIA TED TEXT CHANGES I
FUTURE LAND USE ELEMENT
1) Location: Pg. FL-42, Description of the Medium Density FLUM
designation.
Medium Density: This designation is applied to land which is developed, or is to
be developed, at a density between five and twelve units per acre. Such land is
usually developed in planned communities or exists in older areas where there
are duplexes and condominiums. Home ownership is characteristic of this
designation. Where this designation exists, uses other than those which are
residential in character shall not be considered.
Change: REVISION
Medium Density: This designation is applied to land which is developed, or is to
be developed, at a density between five and twelve units per acre. Residential
densitv is limited to a maximum of 12 dwellinq units per acre. except within the
portion of the Southwest Neiqhborhood Area Overlay District, between the
commercial area alonq West Atlantic Avenue and SW 2nd Street, from Swinton
Avenue to Interstate 95. where the density may exceed 12 units per acre, UP to a
maximum of 24 units per acre subiect to Conditional Use approval and the
recommendations and strateqies outlined in the Southwest Area Neiqhborhood
Redevelopment Plan. Such land is usually developed in planned communities or
exists in older areas where there are duplexes and condominiums. Home
ownership is characteristic of this designation. Where this designation exists,
uses other than those which are residential in character shall not be considered.
Comment: This revision is being made to address recommendations and
strategies in the adopted Southwest Area Neighborhood Redevelopment Plan.
Pursuant to the following Future Land Use Policy, future development and
redevelopment in this area shall be consistent with the adopted Redevelopment
Plan.
( 1 )
Future Land Use Element Policv C-1.7 The following pertains to the
Southwest Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic
Avenue on the north, SW 1dh Street on the south, Interstate 95 on the
west, and Swinton A venue on the east.
Many of parcels in the area contain vacant or dilapidated structures,
substandard parking and substandard landscaping. The area also
contains residential areas identified as "Rehabilitation" on the Residential
Neighborhood Categorization Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by
the City Commission at its meeting .of June 3, 2003. The Plan establishes
a blueprint for the revitalization and stabilization of the area. The
Southwest Area Neighborhood Redevelopment Plan is divided into five
sub-areas based upon current and proposed land uses. The sub-areas
serve to define potential boundaries for the phased implementation of the
various plan components. Future development in the area must be in
accordance with the provisions of the Redevelopment Plan.
An implementation strategy identified in the Southwest Area Neighborhood
Redevelopment Plan is zoning and density bonuses as follows: By using its land
use ordinance, the city can create value for a site by upgrading the land use or
density allowed as well as by creating disincentives for development in
competing areas. It is important to note, however that increased density might
not translate into increased value if the market cannot support the size of the
project. The City has currently utilizes this approach in zoning the north portions
of the study area as mixed-use residential which allows for a mix of retail,
commercial and residential.
Within the Northwest Quadrant sub-area, a goal is to provide significant
redevelopment which includes a variety of town home choices to provide both
ownership and rental opportunities for residents with a mix of incomes and
lifestyles. The residential choices are to be dispersed throughout the northern
portion of the neighborhood to provide transition between the higher density
apartment buildings alonp SW 1st Street and the single family homes located
primarily south of SW 2n Street. During the development of the Neighborhood
Plan, it was acknowledged that any potential increases in density (greater than
the current maximum of 12 units per acre) would only occur for the area north of
SW 2nd Street, which is currently zoned RM (Medium Density Residential) and
allows multiple family development. This area serves as a transition from the
higher intensity commercial area along West Atlantic Avenue and the single
family zoned area south of SW 2nd Street. It is also acknowledged that incentives
are needed to attract the redevelopment activity anticipated by the plan and
accommodate the desired mix of housing. The increased density to a maximum
of 24 units per acre will provide an incentive; however, any density increase that
exceeds 12 units per acre will be subject to Conditional Use approval and
( 2 )
-----"
compliance with the recommendations and strategies of the Southwest Area
Neighborhood Redevelopment Plan.
See Location Map attached as Support Document #1.
2) Location: Pg. FL-42 to FL-43, Descriptions of Commercial Land Use
FLUM designations.
COMMERCIAL LAND USES: There are two categories of commercial land use.
Commercial Core: This designation is applied to the Community's Downtown
area. It includes a substantial portion of the Transportation Concurrency
Exception Area described in the Future Land Use Element and graphically shown
in Figure L-8. The Commercial Core designation accommodates a variety of
uses including commercial and office development; residential land use upper
story apartments; older homes renovated to accommodate office use; and uses
such as "bed and breakfast" establishment; and industrial/commerce type uses.
General Commercial: This designation is applied to land which is, or should be,
developed for general commercial purposes e.g. retail, office, services. Light
industrial type uses such as fabrication and assembly are permissible under this
designation when located in the special overlay district between Federal Highway
and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum
Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses
may comprise up to of 50% of the total floor area within the West Atlantic
Redevelopment Area (GC Overlay), and up to 15% of the total floor area
elsewhere in the City with a GC FLUM designation. Residential uses are
permitted either in conjunction with a commercial use, or as a stand alone use
subject to Conditional Use approval. Residential density is limited to a maximum
of 12 dwelling units per acre, except within the West Atlantic Avenue
Redevelopment Area Overlay where the density may exceed 12 units per acre,
up to a maximum of 30 units per acre subject to Conditional Use approval and in
Redevelopment Area #6 (Lindell/Federal Highway) where residential densities
may be allowed up to a maximum of 16 units per acre subject to Conditional Use
approval and the criteria outlined in the Redevelopment Plan for that area.
[Revised by Amendment 00-1J; [Revised by Amendment 99-1J
Change: REVISION
COMMERCIAL LAND USES: There are two categories of commercial land use.
Commercial Core: This designation is applied to the Community's Downtown
area. It includes a substantial portion of the Transportation Concurrency
Exception Area described in the Future Land Use Element and graphically shown
in Figure L-8. The Commercial Core designation accommodates a variety of
uses including commercial and office development; residential land use upper
story apartments; older homes renovated to accommodate office use; and uses
such as "bed and breakfast" establishment; and industrial/commerce type uses.
( 3 )
A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and
residential uses mav comprise UP to 50% of the total floor area. within the West
Atlantic Avenue Redevelopment Area. Also. within the West Atlantic Avenue
Redevelopment Area. the densitv mav exceed 12 units per acre. UP to a
maximum of 30 units per acre subiect to Conditional Use approval.
General Commercial: This designation is applied to land which is, or should be,
developed for general commercial purposes e.g. retail, office, services. Light
industrial type uses such as fabrication and assembly are permissible under this
designation when located in the special overlay district between Federal Highway
and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum
Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses
may comprise U¡;J to of eO%. of tho total floor aroa within tho WOÐt .'\tlantic
Røaøvolopmont .^.roa (GC Ovorlay), and up to 15% of the total floor area~
91Ðowhoro in tho City with a GC FLUM deÐignation. Residential uses are
permitted either in conjunction with a commercial use, or as a stand alone use
subject to Conditional Use approval. Residential density is limited to a maximum
of 12 dwelling units per acre, except '""ithin tho West Atlantic JlcV9nuo
Rodovelopmont Area Overlay whore tl:le 80nÐity may oXGoed 12 unitÐ ¡;Jor asro,
!,j¡;J to a maxim!,jm of ¡¡O !,jnits ¡;J9r asro s!,jbjQst tQ CQRaitiøRal USQ approval ana in
Redevelopment Area #6 (Lindell/Federal Highway) where residential densities
may be allowed up to a maximum of 16 units per acre subject to Conditional Use
approval and the criteria outlined in the Redevelopment Plan for that area.
Comment: These changes are being made to address recommendations in the
adopted Downtown Delray Beach Master Plan. Pursuant to the following Future
Land Use Policy, future development and redevelopment in this area shall be
consistent with the adopted Master Plan.
Policv C-4.2 The "Downtown Delray Beach Master Plan" was adopted by
the City Commission on March 19, 2002. Covering the downtown
business districts surrounding the Atlantic Avenue corridor between 1-95
and A-1-A, it represents the citizens' vision for the growth and unification
of Delray Beach, while still retaining the "village like, community by-the-
sea" character of the CBD. The Plan addresses a wide range of issues
including intill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development,
and the need to modify the Land Development Regulations to include
design guidelines to retain the character of Delray Beach. Future
development and redevelopment in this area shall be consistent with the
Master Plan. [Revised by Amendment 02-1J
The above policy and adopted Downtown Delray Beach Master Plan
characterizes the City's downtown area as the commercial areas surrounding the
Atlantic Avenue corridor, between 1-95 and State Road A-1-A. The Master Plan
is the citizens' vision for the growth and unification of Delray Beach. It represents
the ultimate growth and form of the community and the creation of a recognizable
and seamless center for our city. A directive of the Plan was to create design
( 4 )
guidelines (LDRs) to guide future development in the downtown area. The City
has recently adopted the design guidelines. During the development of the
Master Plan three neighborhoods and districts were identified: The West Atlantic
Neighborhood, The Central Core, and the Beach District. The goal is to include
these districts within one zoning classification - the CBD (Central Business
District).
In conjunction with the text amendments, the City is processing a Future Land
Use Map amendment from General Commercial (GC) to Commercial Core (CC)
and rezoning from GC to CBD (Central Business District) for the West Atlantic
commercial corridor. This is just a minor part to address the numerous
recommendations called for in the plan to address the goal for unity.
See Support Document #2- West Atlantic Avenue Overlay District - FLUM
Amendment and Rezoning staff report (Agenda Item 1I1.A.2B)
3) Location: Pg. FL-41, Description of Rural Residential FLUM designation.
RESIDENTIAL LAND USES: There are three categories of residential land use.
Rural Residential: This designation is applied to land which is currently in a
rural state (no central water, central sewer, nor parcels less than one acre in
area) and which is to remain in such a state. Agricultural uses and the keeping
of livestock would be accommodated in these areas as would other uses which
are appropriate in a rural setting. Minimum lot sizes for residential would be
three acres with other uses to be accommodated on parcels of not less than ten
acres.
Change: REVISION
RESIDENTIAL LAND USES: There are tA!:ee two categories of residential land
use.
Rural Residential: Tt:lis dssi¡¡Aation is aßßlied t9 land ''''AisA is currently iA a
rural stato (1'10 Gsntml water, GOAtrnl sewer, ner ßarGels less thaA 01'10 aGm in
arB::I) aAd which is to remaiA iA SUGt:I a state. ^grisultl,lml useE and tho kOÐping
of livÐEtock would 130 aGGomm9dnted iA tt:lose aronE as '.\'0\,119 athÐr UEOS wt:lich
are apprúprinte in ::I ruml SOtliA¡¡. Minimum lot sizos for ree;i90Atial wouI9 130
throe acreE with other \,Isas t9 l3e accomme9at9g on parcels of Aot less tt:laA tOA
acreE.
Comment: This change is being made to eliminate an unnecessary FLUM
designation which no longer exists within the City.
(5)
4) Location: Pg. FL-46, Table L-7 - Land Use Designation/Zoning Matrix.
Change: REVISION
Comment: This change is being made to eliminate an unnecessary FLUM
designation which no longer exists within the City. See Support Document #3 for
revised Table.
5) Location: Pg. FL-44, Description of Community Facility FLUM
designation.
COMMUNITY FACILITY LAND USES: This designation is applied to current
and future school sites; to current and future sites for public buildings; and to
current and future sites for public facilities e.g. the wastewater treatment plant. It
is also applied to single function (purpose) buildings which have been
constructed for community related purposes (e.g. churches) and which are not
commercial in nature. However, not all community facilities are required to be
shown under this designation. Small sites are not shown nor are the locations of
governmental services (e.g. H.R.S.) which lease common office space, nor are
churches that do not include substantial accessory uses such as educational
facilities.
A suffix to the Community Facilities designation is sometimes shown on the
Future Land Use Map to denote its approved function. These suffixes include:
P (Public Buildings), R (Recreational Facilities), C (Churches), S (Schools),
H (Hospitals), 0 (Conference / Other), SW (Solid Waste Facility).
Change: REVISION
COMMUNITY FACILITY LAND USES: This designation is applied to current
and future school sites; to current and future sites for public buildings; and to
current and future sites for public facilities e.g. the wastewater treatment plant. It
is also applied to single function (purpose) buildings which have been
constructed for community related purposes (e.g. churches) and which are not
commercial in nature. However, not all community facilities are required to be
shown under this designation. Small sites are not shown nor are the locations of
governmental services (e.g. H.R.S.) which lease common office space, nor are
churches that do not include substantial accessory uses such as educational
facilities.
^ suffix to the CQR'lmunity facilitios desi! nation is sometimes sl:lo'.'/n on the
futuro land Use Map to denote its aßßr9'1od funotion. Tl:lese suffixes inslude:
P (Publio BuilElin! s), R (Resr9ational fasilities), C (Churol:les), S (Sol:leels),
H (Hospitals), 0 (Conrorenoe.' Other), SW (Solid '.'/asts fasility).
( 6 )
Comment: The suffixes in the Community Facilities designation are being
eliminated to simplify the number of Land Use categories in the City. The use of
suffixes is for informational purposes only and does not denote any limitation of
use nor prohibit any use allowed in the CF designation. Furthermore, all parcels
with a Community Facilities FLUM designation, either with or without a suffix, are
included in the CF (Community Facilities) zoning designation. Therefore, removal
of the suffix represents no change in the intensity or uses on parcels with this
designation.
TRANSPORTATION ELEMENT
6) Location: Pg. TR-30, Modification of Map #17, Intermodal Facilities.
See existing map attached as Support Document #4
Change: REVISION
Comment: This change is being made to reflect current Palm Tran routes
throughout the City. See revised map attached as Support Document #5.
7) Location: Pg. TR-47, Policy 0-3.1 (Transportation Surveys)
Policv 0-3.1 In cooperation with the Florida Department of Transportation
regional Commuter Assistance Program, the City shall perform and analyze
transportation surveys to determine the issues and needs for employer based
TDM activities, including but not limited to ride sharing, van pooling, and flexible
work hours. These activities shall be completed in FY 97/98.
Change: REVISION
Policv 0-3.1 In cooperation with the Florida Department of Transportation
regional Commuter Assistance Program, the City shall perform and analyze
transportation surveys to determine the issues and needs for employer based
TDM activities, including but not limited to ride sharing, van pooling, and flexible
work hours. These activities shall be completed in FY 9+t93 06/07.
Comment: This change is being made to extend the date to accomplish the
task.
8) Location: Pg. TR-48, Policy 0-3.2 (TCEA - Transportation Management
Association)
Policv 0-3.2 An analysis shall be made by FY 98/99, based in part upon the
above noted surveys, to determine the feasibility and potential efficiency, of the
establishment of a Transportation Management Association (TMA). Until such
(7)
time as a TMA is established, the feasibility shall be reassessed periodically, at
least every two years.
Change: REVISION
Policy D-3.2 An analysis s!:lall be FAaEle l:3y FY Q8/~Q, An analysis shall be made
by FY 07/08 based in part upon the above noted surveys, to determine the
feasibility and potential efficiency, of the establishment of a Transportation
Management Association (TMA). Until such time as a TMA is established, the
feasibility shall be reassessed periodically, at least every two years.
Comment: This change is being made to extend the date to accomplish the
task.
9) Location: Pg. TR-48, Policy D-3.3 (TCEA - TOM)
Policy D-3.3 The City shall adopt changes to the Land Development Regulations
that require major developers (more than 50 employees) locating within the
TCEA to submit a program to implement employer based TOM activities. This
activity shall be completed in FY 97/98.
Change: DELETION
Comment: This task was completed in 1998 by City Ordinance #36-98
(10/6/98).
10) Location: Pg. TR-48, Policy D-3.5 (TCEA - Bicycle Facilities)
Policy D-3.5 The City and CRA shall, by FY 98/99, install additional bicycle
facilities in the TCEA to accommodate and encourage the use of bicycles as
transportation. These could include bike racks, bike lockers and other bicycle
parking facilities.
Change: REVISION
Policy D-3.5 The City and CRA shall, by FY 98,199, on a continuina basis, assess
the need to install additional bicycle facilities in the TCEA to accommodate and
encourage the use of bicycles as transportation. These could include bike racks,
bike lockers and other bicycle parking facilities.
Comment: The Land Development Regulations currently require the provision of
bicycle facilities for all new projects in the TCEA. This change is being made to
assure that adequate facilities are maintained.
( 8)
11) Location: Pg. TR-48, Policy D-3.6 (In-Town Shuttle)
Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle
system by the year 2000 to serve the downtown, Tri-Rail, and the beach with
headways of 10-12 minutes.
Change: REVISION
Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle
system by the year :woo 2005 to serve the downtown, Tri-Rail, and the beach
with headways of 1 g 12 minutos 20 - 30 minutes.
Comment: This change is being made to extend the date to accomplish the
task and to provide for more realistic headway times.
12) Location: Pg. TR-48, Policy D-3.8 (TCEA - Signage)
Policy D-3.8 The City and TMA, if and when established, shall improve utilization
of the existing municipal parking lots in the TCEA through improved signage and
public awareness. This task shall be accomplished by FY 98/99.
Change: DELETION
Comment: This task was completed in 2002 with Phase 2 of the Wayfinder Sign
project.
13) Location: Pg. TR-48, Policy D-3.10 (TCEA - Sidewalks)
Policy D-3.10 The City shall eliminate the missing links in the sidewalk network
throughout the TCEA and within one-quarter mile of its boundaries by FY 02/03.
Change: REVISION
Policy D-3.10 The City shall eliminate the missing links in the sidewalk network
throughout the TCEA and within one-quarter mile of its boundaries by FY
Q2/QJ07/08.
Comment: This change is being made to extend the date to accomplish the
task.
HOUSING ELEMENT
14) Location: Pg. HO-22, Map #22, Residential Neighborhood
Categorization Map
See existing map attached as Support Document #6
(9 )
Change: REVISION
Comment: This change is being made to reflect existing land use and
boundary changes. See revised map attached as Support Document #7.
PUBLIC FACILITIES ELEMENT
15) Location: Pg. PF-15, Objective 8-5 and Policies 8-5.1 to 8.5.4 (10-
Year Water Supply Facilities Work Plan)
Objective 8-5
To ensure that there is an adequate water supply to meet existing and projected
potable water needs, the following policies shall be implemented.
Policy 8-5.1: The City shall adopt a 10-Year Water Supply Facilities Work Plan
based on the availability and appropriate use of regional water resources and the
combined use of alternative water supplies. The Work Plan shall be consistent
with the City's Water Use Permit renewals.
Policy 8-5.2: The City shall consider the most current version of South Florida
Water Management District's Lower East Coast Water Supply Plan and Regional
Water Plan in developing a 1 O-Year Water Supply Facilities Work Plan.
Policy 8-5.3: The City will use the Water Supply Facilities Work Plan to prioritize
and coordinate improvements to the City's water supply system.
Policy 8-5.4: The City will maintain a current five-year schedule of capital
improvements to the Water Supply System.
Change: ADDITION
Comment: These changes are required to meet new state requirements to
strengthen coordination of water supply and local land use planning. See Water
Supply Facilities Work Plan attached as Support Document #8
CONSERVATION ELEMENT
16) Location: Pg. CO-14, Policies 8-1.1 and 8-1.8 (FIND Parcel 650)
Policv 8-1.1 Publicly-owned environmentally sensitive areas have been
identified on the Future Land Use Map by an "Open Space - Conservation"
symbol. The FIND parcels 645 and 650 have been zoned into the conservation
zone district. These designations shall be maintained in order to further
Objective B-1.
Change: REVISION
( 10)
Policy 8-1.1 Publicly-owned environmentally sensitive areas have been
identified on the Future Land Use Map by an "Open Space - Conservation"
symbol. The FIND parcels 645 and 650 have been zoned into the conservation
zone district. These designations shall be maintained in order to further
Objective B-1 as well as the Goals. Objectives and Policies of the Open Space
and Recreation Element.
Policy 8-1.8 FIND parcel (MSA 650) shall be developed to provide public park
areas and additional access to the Intracoastal Waterway through the provision
of a boat ramp and parking area. The development of these facilities shall
maximize retention of the existing native plant communities.
Change: ADDITION
Comment: The proposed policy is being added to maintain internal Plan
consistency between the Conservation Element and the Open Space and
Recreation Element, which states that there is a current deficiency in the
category of boat ramps and that this deficiency will be eliminated through the
development of FIND parcel MSA 650, or the construction of additional boat
ramps at Knowles Park. It is further stated that this deficiency occurs again at
buildout. The deficiency is addressed in Open Space and Recreation Element
Policy B-3.1 stated as follows:
"Additional access to the Intracoastal Waterway shall be achieved through
improvements made at the time of development of the FIND parcel (MSA 650)."
Additional language within the "Needs and Recommendations" section of the
Open Space and Recreation Element states as follows:
"Opportunities may exist for providing additional access to the Intracoastal
Waterway, preserving natural areas, and providing public park areas through
development of the FIND parcel (MSA 650), additions to the boat ramps at
Knowles Park, and enhancement of existing street ends at the Intracoastal
Waterway."
17) Location: Pg. CO-13, Objective A-S and Policy A-S.1 (Regional
Water Supply)
Objective A-S
To address the City's existing and projected potable water needs and sources in
the context of the regional water supply, the following policy shall be
implemented.
Policy A-S.1 During preparation of the Evaluation and Appraisal Report, due in
2006, the City shall revise the Conservation Element to access projected water
( 11 )
needs and sources for at least a 10-year planning period considering the South
Florida Water Management District's Lower East Coast Water Supply Plan.
Change: ADDITION
Comment: Revisions to the Conservation Element to accomplish this objective
are required to meet new state requirements to strengthen coordination of water
supply and local land use planning.
OPEN SPACE AND RECREATION ELEMENT
18) Location: Pg. 05-19, Policy A-2.14 (Master Plan)
Policv A-2.14 All planning for parks and recreational facilities shall be in
accordance with the adopted City of Delray Beach Parks and Recreation System
Master Plan.
Change: ADDITION
Comment: This Policy is being added to reflect adoption of the City of Delray
Beach Parks and Recreation System Master Plan and state that future planning
must be in accordance with Master Plan.
19) Location: Pg. 05-19, Policy A-2.15 (Old School Square Urban Park)
Policv A-2.15 The City shall establish an Urban Park as part of the expansion of
Old School Square Cultural Center. Multiple funding sources are to be pursued
and the development should be accomplished by FY 2006/07.
Change: ADDITION
Comment: Current plans for the facility include an urban park as a design
element. This Policy is being added in consideration of those plans.
INTERGOVERNMENTAL COORDINATION ELEMENT
20) Location: Pg. IC-21, Policy A-1.11 (Regional Water Supply)
Policy A-1.11: The City shall support efforts to integrate land use and water
resource planning to ensure the availability of water for regional water
management purposes. Accordingly, the SFWMD shall be designated as a
commenting agency on large scale plan amendments and other projects with
potential impacts on regional water resources and programs, and shall be
encouraged to provide comments prior to any action on the amendments,
rezonings or development projects with regional impacts, made by the Local
Planning Agency / Zoning Board, or the City Commission.
Change: ADDITION
( 12)
Comment: These changes are required to meet new state requirements to
strengthen coordination of water supply and local land use planning. The policy
has been added to ensure coordination of the Comprehensive Plan with the
regional water supply plan.
CAPITAL IMPROVEMENT ELEMENT
21) Location: Pg. CI-28 to CI-30, Table CI-CIP, Table CI·CIP (5-Year
Capital Improvements Schedule For Projects> $25,000)
See existing table attached as Support Document #9
Change: REVISION
Comment: The table has been revised to reflect implementation of the new
$24 Million Parks and Recreation Bond. See revised table attached as Support
Document #10.
22) Location: Pgs. CI-32 to CI-34, Table SD-CIP, School District of
Palm Beach County Six Year Capital Improvement Schedule
See existing table attached as Support Document #11
Change: REVISION
Comment: This table is the updated School District's Six Year Capital
Improvement Schedule referenced in CIP Element Policy A-B.3. See revised
table attached as Support Document #12.
PUBLIC SCHOOLS FACILITIES ELEMENT
23) Location: Pgs. PS-10 to PS-15, School District Map Series
See the following existing maps attached as Support Document #13
· Map PS 1.1 - Concurrency Service Areas
· Map PS 2.1 - School Facility Locations
· Map PS 3.1 - Planned Additional Capacity, Confirmed Sites
· Map PS 3.2 - Planned Additional Capacity, Schools Without Confirmed Sites
· Map PS 3.3 - Projected Additional Facility Demand 2004/05 to 2009/10
· Map PS 3.4 - Projected Additional Facility Demand 2009/10 to 2019/20
Change: REVISION
Comment: These are the latest maps from the Palm Beach County School
District. Map PS 3.2 was eliminated and PS 3.3 and 3.4 were combined. See
revised maps attached as Support Document #14.
( 13)
· Map PS 1.1 - Concurrency Service Areas
· Map PS 2.1 - School Facility Locations
· Map PS 3.1 - Planned Additional Capacity
· Map PS 3.2 - Planned Additional Capacity, Schools Without Confirmed Sites
· Map PS 3.3 - Projected Additional Facility Demand 2004 - 2015
24) Location: Pgs. PS-48 to PS-56, Appendices
See the existing appendices attached as Support Document #15.
Change: DELETION
The materials contained in the appendices are produced and maintained by the
School District and provided to the City for informational purposes. They are not
required to be included in the City's Comprehensive Plan.
25) Location: Pgs. Throughout the Element
See amended pages attached as Support Document #16
Change: REVISIONS
Comment: These are minor text changes throughout the element to amend
references to the updated Map Series; updated Six Year Capital Improvement
Schedule; and the deleted Appendices.
26) Location: Pg. PS-22, Definitions
FIRST FTE STUDENT COUNT - A first semester count of all "full time
equivalent" students. The date of the first FTE count is determined by the Florida
Department of Education each school year, pursuant to Chapter 1011.62, Florida
Statutes.
Change: ADDITION
Comment: This change is being made to maintain consistency with the recently
amended Intertocal Agreement.
27) Location: Pg. PS-22, Policy A-1.1 (LOS Standard)
Policv A-1.1 The LOS standard is the school's utilization which is defined as the
enrollment as a percentage of school student capacity based upon the Florida
Inventory of School Houses (FISH). The level of service (LOS) standard shall be
established for all schools of each type within the School District as 110 percent
( 14)
utilization, measured as the average for all schools of each type within each
Concurrency Service Area. No individual school shall be allowed to operate in
excess of 110% utilization, unless the school is the subject of a School Capacity
Study (SCS) undertaken by the School District, working with the Technical
Advisory Group (TAG) which determines that the school can operate in excess of
110% utilization. The SCS shall be required if a school in the first student count
of the second semester reaches 108 % or higher capacity. As a result of an SCS,
an individual school may operate at up to 120% utilization.
Change: REVISION
Policv A-1.1 The LOS standard is the school's utilization which is defined as the
enrollment as a percentage of school student capacity based upon the Florida
Inventory of School Houses (FISH). The level of service (LOS) standard shall be
established for all sch()ols of each type within the School District as 110 percent
utilization, measured as the average for all schools of each type within each
Concurrency Service Area. No individual school shall be allowed to operate in
excess of 110% utilization, unless the school is the subject of a School Capacity
Study (SCS) undertaken by the School District, working with the Technical
Advisory Group (TAG) which determines that the school can operate in excess of
110% utilization. The SCS shall be required if a school in the first FTE student
count of tho sesoRE! semostor reaches 108 % or higher capacity. As a result of
an SCS, an individual school may operate at up to 120% utilization. Upon
determination by TAG. if a school is planned and under contract or construction
which will relieve capacity of an existinq school. the existinq school shall be
allowed to exceed the 120% maximum utilization for a period not to exceed 2
years. The former is intended to prevent the movement of students more than
once.
Comment: This change is being made to maintain consistency with the recently
amended Interlocal Agreement.
28) Location: Pg. PS-22, Policy A-3.1 (Intergovernmental Coordination)
Policv A-3.1 The City of Delray Beach, in coordination with the School District
and other local governments, shall annually amend Table SD-CIP of the Capital
Improvement Element (School District of Palm Beach County Six-Year Capital
Improvement Schedule), to maintain consistency with the School Board's
adopted Five-Year Plan and to maintain a financially feasible capital
improvements program and ensure that level of service standards will continue to
be achieved and maintained in each year of the five year planning period.
Change: REVISION
Policv A-3.1 The City of Delray Beach, in coordination with the School District
and other local governments, shall annually élR'leRE! Table SD CIP of tl:1o CafJital
Improvement Element ( adopt the updated School District of Palm Beach County
Six-Year Capital Improvement Schedule}; by reference or follow other
( 15)
procedures consistent with Rule 9J-5, Florida Administrative Code. This provision
is intended to maintain consistency with the School Board's adopted Five-Year
Plan and to maintain a financially feasible capital improvements program and
ensure that level of service standards will continue to be achieved and
maintained in each year of the five year planning period.
Comment: This change is being made to maintain consistency with the recently
amended Interlocal Agreement.
I AMENDMENTS TO THE FUTURE LAND USE MAP I
PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENT:
. Privately Initiated Future Land Use Map (FLUM) Amendment From LD (Low
Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12
du/ac) and Rezoning From CF (Community Facilities) In Part and R-1-A
(Single Family Residential) In Part To RM-10 (Medium Density Residential 10
Units Per Acre) For The Cottages at Banyan Village, Located at the
Southwest Corner of South Swinton Avenue and SW 10th Street.
See Support Document #17 - Cottages at Banyan Village - FLUM
Amendment and Rezoning staff report & FLUM Amendment legal description.
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
. City initiated Future Land Use Map Amendment from GC (General
Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part
to CC (Commercial Core) and Rezoning From GC (General Commercial) In
Part and CF (Community Facilities) To CBD (Central Business District) For
Properties Generally Located on the North and South Sides of West Atlantic
Avenue Between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue
( 1200 Block) Within the West Atlantic Avenue Overlay District.
See Support Document #2 - West Atlantic Avenue Overlay District - FLUM
Amendment and Rezoning staff report & FLUM Amendment legal description.
s:\planning & zoning\longrange\complamend 04-2\transntittal\04-2 maindoc city comntission xmit.doc
( 16)
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #1
Location Map
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #2
,
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West Atlantic Avenue Overlay District
FLUM Amendment and Rezoning Staff Report
&
FLUM Amendment Legal Description
SD#2
-------
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT-.
MEETING DATE: May 17, 2004
AGENDA ITEM: IIIA2.B.
ITEM: City initialed Future Land Use Map Amendment from GC (General Commercial) In Part
and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and
Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To
CBD (Central Business District) For Properties Generally Located on !he North and
South Sides of West Atlantic Avenue Between NW/SW 1st Avenue (100 Block) and
NW/SW 1ih Avenue (1200 Block) Within the West Allantic Avenue Overlay District
(Quasi-Judicial Hearing).
.......
.
GENERAL DATA:
Owner.......... .... .... .... .... ..... ....... ..... City Initiated
Location............... ........... ..... ... ...... Generally located on the north and sou!h sides of West Atlantic Avenue between
NW/SW 1st Avenue (100 Block) and NWfSW 12"' Avenue (1200 Block)
Property Size................................. 42.88 Acres
Future Land Use Map.................... CF-P (Community Facilities-Public Building) & GC (General Commercial)
Proposed FLUM............................ CC (Commercial Core)
Current Zoning.............................. GC (General Commercial) & CF (Community Facilities)
Proposed Zoning........................... CBD (Central Business District)
Adjacent Zoning..................North: GC (General Commercial)
East: GC & RM (Medium Density Residential)
South: RM
West: GC & RM
Existing Land Use........................ Commercially zoned properties and Tennis Center Parking Lot.
Water Service............................... nla
Sewer Service............................... nfa
1II.A.2.E
The action before the Board is that of making a recommendation to the City Commission on
a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and
CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning
from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central
Business District) for properties generally located on the north and south sides of West
Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 1ih Avenue (1200
Block) within the West Atlantic Avenue Overlay District.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to
FLUM Amendments or Rezoning of any property within the City.
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, which establishes a blueprint for the revitalization and unification of the City's
downtown area. This area is generally defined as the entire business corridor from 1-95 to
Ocean Boulevard (A-1-A). The Master Plan divides the downtown business area into three
districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central
Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east
of the Intracoastal Waterway to the beach. The Master Plan includes several general
recommendations and a series of proposals for each of the three districts. Future
development in the area must be in accordance with the provisions of both the Downtown
Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in
1995).
The properties in question are located within the West Atlantic Neighborhood, which includes
the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General
Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities)
involves 1.07 acres (42.88 acres total).
REQUIRED FINDINGS:
lDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
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 the Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 2
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 designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed
FLUM amendments will assign a Future Land Use Map designation of CC (Commercial
Core) and the proposed rezoning to CBD (Central Business District) is consistent with this
FLUM designation. These changes will apply the same zoning designation that currently
exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning
districts accommodate mixed-use development. The CBD zoning is consistent with the CC
FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM
and zoning designations.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed
below.
Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by data
and analysis that demonstrate compliance with these findings:
. Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The adopted Downtown Delray Beach Master Plan includes recommendations for
redevelopment of the subject properties. The proposed FLUM amendments and
associated rezonings will fulfill the following policies:
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan"
was adopted by the City Commission on March 19, 2002. Covering the downtown
business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it
represents the citizens' vision for the growth and unification of Delray Beach, while still
retaining the "village like, community by-the-sea" character of the CBD. The Plan
addresses a wide range of issues including infill development, neighborhood parks,
shared parking, public art, the roadway and alleyway systems, marketing/economic
development, and the need to modify the Land Development Regulations to include
design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 3
The above policy and adopted Downtown Delray Beach Master Plan characterizes the
City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor,
between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens'
vision for the growth and unification of Delray Beach. It represents the ultimate growth
and form of the community and the creation of a recognizable and seamless center for
our city. During the development of the Master Plan three neighborhoods and districts
were identified for the downtown area: The West Atlantic Neighborhood, The Central
Core, and the Beach District. The goal is to include these districts within one zoning
classification - the CBD (Central Business District). Besides the changes to the
commercial designation, the Master Plan includes general recommendations and a
series of proposals for each of the districts, which includes the Tennis Center frontage
associated with the FLUM amendment and Rezoning request.
The Master Plan specifically addresses the parking lot in front of the Tennis Center and
the need for filling in this gap along the Avenue. The parking lot is seldom used to its
maximum capacity, except during special events and for a few days during the season.
While the Center is a positive addition to the City, the 600' expanse of parking along
Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly
environment. This unfriendly environment impacts the physical structure of the Avenue
and acts as a barrier between the West Atlantic Neighborhood and the Commercial
Core, which reinforces the perceived social barriers.
The Master Plan proposes the construction of three liner buildings on this parking lot
fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center
clubhouse building. However, the CF regulations do not accommodate the mix of
commercial and residential uses envisioned for this frontage. Improvements pursuant to
the Plan will have a positive influence and will make the pedestrian transition between
the two districts more inviting and uninterrupted.
In addition to the above, a directive of the Downtown Delray Beach Master Plan was to
create design guidelines (LDRs) to guide future development in the downtown area in a
manner that will preserve the character of the area. The City has recently adopted the
design guidelines which have requirements that relate specifically to the three districts
referenced above. The intent is apply one zoning designation (CBD) for the downtown
area, which will have the three distinctive sub-areas/districts. The adoption of the design
guidelines and the proposed rezoning to CBD are just couple of the many
recommendations and strategies called for in the Plan to address goal for unity, while
guiding the revitalization and redevelopment of the City's downtown.
Future Land Use Element Policv C-1.5: The following perlains to the Atlantic Avenue
Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton
Avenue. The present land uses in this area include single family homes, duplexes, mini-
parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered
vacant parcels.
The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on
July 11, 1995. The plan establishes Future Land Use Map designations, zonings,
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 4
special development standards, and design guidelines for the Redevelopment Area.
Future development in the area must be in accordance with the provisions of the
redevelopment plan.. .
The plan calls for pedestrian orientation and no parking between structures and the
Atlantic Avenue right-of-way, with a preference for parking located to the rear of any
structure. While the parking at the tennis center was not specifically referenced within the
West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for
each block with commercial zoning along the Avenue. These plans were based upon
vital, urban design principles including the principle that buildings on the Avenue should
be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in
the rear.
. Consistency -- The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal will be consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5
and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West
Atlantic Avenue Redevelopment Plan.
. Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and
CF to CBD will accommodate development at the same intensity as that which can occur
under the current designations. In essence, the change is from one commercial
designation to another with the same development potential. Development under either
the GC or CBD scenario will accommodate the same intensity of development consistent
with the adopted Downtown Oelray Beach Master Plan and West Atlantic Avenue
Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently
allows similar and even more intense uses than are accommodated within the proposed
CBO zoning district. The uses allowed under the CF-P (Community Facilities - Public
Buildings) Future Land Use Map designation and the CF zoning district can
accommodate large venues that are more regionally-oriented from a traffic perspective
(i.e. the Tennis Center Stadium) while the uses allowed in the CBO are typically more
locally oriented.
City facilities such as water, sewer, and drainage have sufficient capacity to handle
development of this area at the potential development intensity allowed under the
proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing
County facilities. As the majority of the properties are located in the TCEA
(Transportation Concurrency Exception Area) and are changing to a land use designation
of similar development potential, traffic is not an issue.
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards". A park impact fee is collected to offset any impacts that individual
projects may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 5
park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a
building permit for each residential unit. School concurrency will be addressed with future
proposals for residential development; however no problems are anticipated.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
. Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As previously stated, the FLUM amendments and rezonings for these properties generally
involve the change in zoning from one commercial zoning designation to another with the
same development potential. The proposal does not expand the commercial boundaries
from those that currently exist, except with regard to the tennis center frontage, which is
within the commercial corridor.
Based upon the above, the proposed FLUM amendments and Rezoning to CBDare
compatible with the existing and future land uses of the surrounding area, and a positive
finding with respect to compatibility can be made.
. Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the requested designation shall comply with the provisions
and requirements of the Land Development Regulations. Compliance with the Land
Development Regulations will be further addressed with review of a conditional use or site
plan request as applicable.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to 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 the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the land Development Regulations with respect to Standards
for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for Determinina Consistency): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 6
sections as well as compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall
consistency [Section 3.1.1 (C)] is to be made. However, exclusion from this Article shall
not be a basis for not allowing consideration of other objectives and policies found in
the adopted Comprehensive Plan in the making of a finding of overall consistency.
Section 3.2.2 (Standards for RezoninQ Actions): Standards A, B, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(0) That the rezoning shall result in allowing land uses which are. deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
As previously stated, the FLUM designations and zoning classifications for the subject
properties are being amended pursuant to the adopted Downtown Delray Beach
Master Plan. As discussed under Future Land Use Element Policy A-1.7, the
proposed FLUM and zoning designations are compatible with the existing and future
land uses of the surrounding area, and a positive finding with respect to compatibility
can be made. Also, there are development regulations currently in place to mitigate
any potential impacts with adjacent properties.
Section 2.4.5(0)(5) (RezoninQ FindinQs):
Pursuant to Section 2.4.5(0)(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 the site and/or neighborhood.
The appropriate reasons for the proposed rezonings are "b" and "c": based on the following:
The proposed rezonings are required to implement the provisions of the Downtown Delray
Beach Master Plan. In order to implement the development scenarios identified in the Plan,
rezoning of the subject properties is appropriate as there has been a change in
circumstances which make the current zoning inappropriate. The requested zoning is of
similar intensity and is more appropriate given the direction identified in the Comprehensive
Plan.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 7
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed
by the body taking final action on a land development application/request.
No formal land development application has been received for the subject property. Any
proposed development will need to comply with the Land Development Regulations.
Community Redevelopment AQency:
At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the
FLUM amendments and rezonings to Central Business District (CBD).
Downtown Development Authority
At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM
amendments and rezonings to Central Business District (CBD).
West Atlantic Redevelopment Coalition
At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the
FLUM amendments and rezonings to Central Business District (CBD).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Atlantic Park Gardens · Paradise Heights
· Chamber of Commerce · PROD (Progressive Residents of Delray)
· Delray Merchants Association · President's Council
· Ebony of Delray · West Settlers Historic District
· Gateway · West Side Heights
· Lincoln Park
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters of support and objection, if any,
will be presented at the Planning and Zoning Board meeting.
The FLUM designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings
can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings), LOR Section
3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and
------
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 8
the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed
FLUM amendments and rezonings can be recommended for approval based on the findings
outlined in this report.
A. Continue with direction.
B. Recommend to the City Commission approval of Future Land Use Map Amendment
from GC (General Commercial) in part and CF-P (Community Facilities-Public
Buildings) in part to CC (Commercial Core) and Rezoning from GC (General
Commercial) in part and CF (Community Facilities) in part to CBD (Central Business
District), for properties generally located on the north and south sides of West Atlantic
Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200
Block) within the West Atlantic Avenue Overlay District, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(0)(5) and Chapter 3 of the Land Development Regulations.
C. Recommend denial of the Future Land Use Map Amendment from GC (General
Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and Rezoning From GC (General Commercial) in part and CF
(Community Facilities) in part to CBD (Central Business District) for properties
generally located on the north and south sides of West Atlantic Avenue between
NW/SW 1st Avenue (100 Block) and NW/SW 1ih Avenue (1200 Block) within the
West Atlantic Avenue Overlay District, by finding that the request and approval
thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth
in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations.
Recommend to the City Commission approval of Future Land Use Map Amendment from GC
(General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and Rezoning from GC (General Commercial) in part and CF
(Community Facilities) in part to CBD (Central Business District), for properties ~enerally
located on the north and south sides of West Atlantic Avenue between NW/SW 1s Avenue
(100 Block) and NW/SW 1ih Avenue (1200 Block) within the West Atlantic Avenue Overlay
District, by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(0)(5) and Chapter 3 of the Land Development Regulations.
Attachments:
. Current & Proposed Future Land Use Map
. Current & Proposed Zoning Map
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WEST ATLANTIC OVERLAY AREA
LEGAL DESCRIPTIONS
FOR FLUM AMENDMENT
FLUM: GC (GENERAL COMMERCIAL) TO CC (COMMERCIAL CORE)
LOTS 1-11, INCLUSIVE ILESS RIW SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25. INCLUSIVE, BLOCK
5, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-11, INCLUSIVE ILESS RIW SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK
8, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
TRS B & C, BELAIR HEIGHTS REPLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE
PLAT THEREOF RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1 & 2, LOTS 7-11, INCLUSIVE, AND LOTS 17 - 20, INCLUSIVE, BLOCK 1, BELAIR HEIGHTS, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-6, INCLUSIVE, AND LOTS A & B, BLOCK 2, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-5 INCLUSIVE ILESS RIW SR 806/, MYRICKS SUBDIVISION, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10 PAGE 79, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
S 145 FT OF N 290 FT OF E 147 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
N 50 FT OF S 300 FT OF E 145 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 4 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
W 80 FT OF E 300 FT OF S 130 FT OF N 145 FT OF LT 9 ILESS RIW SR 806/, SUB OF 17-46-43, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
1
LOTS 1-11 INCLUSIVE ILESS N 20 FT/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5,
SUBDIVISION OF BLOCK 5, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 23, PAGE 72, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA;
TOGETHER WITH;
S 365 FT OF N 385 FT OF W 135 FT OF BLK 13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
S 80 FT OF N 100 FT OF E 150 FT & S 250 FT OF N 350 FT OF E 135 FT OF BLK 13, TOWN OF DELRAY, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
S 290 FT OF N 310 FT ILESS E 5 FT SW 5TH AVE R/WI OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN
PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
E 150 FT OF S 294.28 FT OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 9-11, INCLUSIVE, BLK 22, SUBDIVISION OF THE NORTH HALF OF BLOCK 22 TOWN OF DELRAY, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 10, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-3, INCLUSIVE, BLK 30, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS
PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
TOGETHER WITH;
ALL OF PLAT, CHECKERS ATLANTIC - DELRAY PLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA
AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 192, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
ALL OF PLAT ILESS N 20 FT ATLANTIC AVE R/W/, BLK 29, RESUBDIVISION OF BLOCKS 29 & 37, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 9, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
S 30.5 FT OF LT 5 & N 19.5 FT OF LT 6, BLK 29, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
2
LOTS 1-4, INCLUSIVE ILESS N 20 FT SR 806 RD RIW/, BLK 53, TOWN OF DELRAY, A SUBDIVISION IN PALM
BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-14 INCLUSIVE ILESS S 20 FT SR 806 RD RIW/, LOTS 34 & 35, BLK 1, ATLANTIC PINES, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
TOGETHER WITH;
LOTS 2-7, INCLUSIVE ILESS S 20 FT SR 806 RD RIW/, LOTS 9-11, INCLUSIVE & LOTS 30-32, INCLUSIVE,
BLK 2, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOT 1 & ABANDONED S 9 FT ALLEY L YG N OF & ADJ TO ILESS E 10 FTI AND LOT 6 & ABANDONED S 11 FT
ALLEY L YG N OF & ADJ TO, BLOCK 6, WHIDDENS SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 58, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
W 274.8 FT OF S 1/4 OF LOT 10 ILESS E 10 FT NW 9TH AVE RIW, W 25 FT NW 10TH AVE R/W & SR 806
ROAD R/W/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA;
TOGETHER WITH;
ALL OF PLATLYG ELYOF & ADJACENT TO NW 9TH AVE R/W AS IN OR4465P1517/LESS E25NW 8TH AVE
R/W & SR 806 ROAD RIW/, FENNOS J G SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER
THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 89, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
TOGETHER WITH;
PARCEL A, DELRAY AMOCO, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 69, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA;
TOGETHER WITH;
N 100 FT OF W 130.44 FT OF S 1/2, N 142.1 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 & W 76 FT
OF E 101 FT OF N 120 FT OF S 140 FT OF E 1/2 OF S 1/2, BLK 4, TOWN OF DELRAY, A SUBDIVISION IN
PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
S 1/2 OF BLK 12 ILESS S 20 FT SR 806 RD RIW/, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOT 26. BLK 12, MONROE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE
PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
3
TOGETHER WITH;
N 250 FT /LESS W 135 FTI, BLK 20, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA
AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
TOGETHER WITH;
E 165 FT OF S 135 FT & N 70 FT OF S 205 FT OF E 135 FT, BLK 19, TOWN OF DELRAY, A SUBDIVISION IN
PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1 - 8, INCLUSIVE, MELVIN S BURD SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER
THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-5, INCLUSIVE, REPLAT OF PART OF BLK 27, TOWN OF LINTON, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 43, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 7 & 8, BLK 27, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE
PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
TOGETHER WITH;
LOT 1, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA;
TOGETHER WITH;
LOT 4 & N 50 FT OF LOT 5 & ABND 16 FT ALLEY L YG E OF & ADJ TO, BLK 28, TOWN OF DELRAY, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
ALL OF PLAT /LESS TR C-3/, ATLANTIC GROVE, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS
PER THE PLAT THEREOF RECORDED IN PLAT BOOK 96, PAGE 55, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
s:\planning & zoningllongrangelcomplamend 04-212004 west atlantic avenue overlay flum amendment legal descriptions.doc
4
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #3
Future Land Use Element
Revised Table L-7 - Land Use Designation/Zoning Matrix
SD#3
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #4
Transportation Element
Existing Transportation Element Map #17, Intermodal Facilities
SD#4
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COMPREHENSIVE PLAN
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LEGENDI - - ROUTE TR7
-.- - ROUTE 24 -- - ROUTE .3
APRIL 2001 - - ROUTE 2 - - ROUTE 1s . - EXISTING FACILITY
- - ROUTE 26 - - ROUTE 25
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #5
Transportation Element
Updated Transportation Element Map #17, Intermodal Facilities
SD#5
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COMPREHENSIVE PLAN
DELRA Y BEACH, FLORIDA ~
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SOURCE: PALM TRAN, PALM BEACH COUNTY BOARD Of COUNTY COMMISSIONERS.
~ INTERMODAL FACILITIES
MAP #17
LEGEND'
""- - ROUTE 81 --- ROUTE 3
MAY 2004 - - ROUTE 2 -- ROUTE 1 . - EXISTING FACILITY
- - ROUTE 80 - - ROUTE 70
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #6
Housing Element
Existing Map #22, Residential Neighborhood Categorization
SD#6
COMPREHENSIVE PLAN
DELRA Y BEACH, FLORIDA Of
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GRAPHIC SCAlE
LEGEND: STB - STABLE RHB - REHABIUTATION
CIlY OF DElRAY BEACH. FlORiDA STBLZ - STABILIZATION RDV - REDEVELOPMENT
PlANNING I: ZONING OEPARNENT
APRIL 2001 RVZ - REVITALIZATION
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #7
Housing Element
Updated Map #22, Residential Neighborhood Categorization
SD#7
----~~-~ ---.-. ---..-------...
COMPREHENSIVE PLAN
DELRA Y BEACH, FLORIDA '"
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LEGEND: STB - STABLE RHB - REHABILITATION
CI1Y OF DELRAY BEACH, flORIDA STBLl - STABILIZATION RDV - REDEVELOPMENT
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #8
Public Facilities Element
10-Year Water Supply Facilities Work Plan
ATTACHED UNDER SEPARATE COVER
SD#8
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #9
Capital Improvement Element
Existing Table CI-CIP, Five Year Capital Improvements Schedule For
Projects> $25,000
SD#9
--------
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
RECREATION IMPACT FEE
Delray Swim & Tennis Club Ph II 164,000 700.000 0 0 0
Delray Swim & Tennis Club Ph II -Eqip 0 50.000 0 0 0
TOTALS: $164,000 $750,000 JO JO JO
COMMUNITY DEVELOPMENT FUND
Land Acquisition 30,000 0 0 0 0
Bikepaths/Sidewalks 105,000 0 0 0 0
TOTALS: J135,000 JO JO JO JO
BEAUTIFICATION TRUST FUND
Federal Highwav Medians 40.000 0 0 0 0
Swinton Ave Phase II 250.000 0 0 0 0
Linton Blvd Conaress & Militarv Trail) 292.500 0 0 0 0
Exotic Tree Removal 35.000 30,000 30,000 0 0
Pineapple Grove Uplights 30,000 0 0 0 0
Computerized Irrigation System 25.000 25.000 25.000 25.000 0
Fire HeadQuarters Entrance Upgrade 55.000 0 0 0 0
City Wide Tree Trimming - Equipment 0 0 0 133.000 0
TOTALS: J727,500 $55,000 J55,000 $158,000 $0
BEACH RESTORATION FUND
Surveys 38.935 40,492 42.112 43,797 . 45,548
Engineering 0 0 0 278,000 93,000
Beach Tilling 12.000 12.360 12.720 0 0
Construction· Bid 0 0 0 0 23,500
Post Construction Environ I 0 0 0 0 265.000
Sea Turtles Monitoring 27.305 27,300 27.300 16,300 16,300
Dune Revegetation 50.000 0 0 0
Update Geotech 0 0 0 150,000 0
TOTALS: J128,UO J80,152 J82,132 J488,097 $443,348
GENERAL CAPITAL IMPROVEMENTS
Streets. Alleys, Parking Lots, Bridges & Sidewalks
SueetReconstruction 100.000 100.000 140.000 150,000 150,000
Sidewalks/Swales 0 0 50.000 50,000 50,000
Downtown Parking Lots 0 0 110.000 0 0
Traffic Calming 52.000 100.000 100.000 104.000 104.000
Ne 4th Ave-E Atlantic Ave to NE 2nd 5t 0 626,000 0 0 0
Transit Stops Bus Shelters 266.200 0 0 0 0
Royal Palm Drive 100.000 0 0 0 0
Osceola Park 483.000 483.000 0 0 0
Country Club Acres 360.000 0 0 0 0
Atlantic Ave/NW 24th Ave Turn Lanes 250.000 0 0 0 0
SW 2nd Av-SW 1st St to Atlantic Av 115.000 0 0 0 0
SE-NE 1 st Street One-Way Pair 105.000 700.000 0 0 0
Bridge - Linton Blvd Tender House 141.000 0 0 0 0
SW 1st Av-SW 1st St to W Atlantic Av 0 0 0 0 115,000
Dotterel Road-Audubon Blvd to N End 0 0 0 403.000 0
Dixie Highwa -US 1 Connector 0 106.000 0 0 0
Pineapple Grove-Sidewalks 0 0 0 0 173,000
Building ConstructIon/Rehabilitation
Public Works-Storage Building/Fire Bay 0 271.000 0 0 0
Delrav Beach Library Building 6.500,000 0 0 0 0
Old School Square-Hurricane Shutters 0 0 247,000 0 0
Cemetery Maintenance Building 0 0 0 115,000 0
Fire-Rescue/Police Training Facility 250.000 250.000 0 0 0
Beautification
SW-NW 5th Av-SW 1st St to NW 2nd St 1.450.000 0 0 0 0
SE-NE 5th Av & 6th Av-SE 4th St to NE 4th SI 100.000 750,000 5,000,000 0 0
W Atlantic Av - Ph III 0 2,013.000 0 0 0
W Atlantic Av - Ph IV 0 0 1.725,000 0 0
SE 2nd St-$ Swinton Av to FEC X-ing 0 0 0 0 173,000
Parks & Recreation Facilities
Tennis Center-Equipment Storage Enclosure 0 0 0 0 70,000
Tennis Center-Rehab Clay Courts 0 50.000 50,000 50.000 50,000
Tennis Center-Replace Stadium Seats 0 0 0 0 70.000
Tennis Center-Equipment 0 0 0 0 125.000
Pompey Park/Community Center Bleachers 0 55.000 0 0 35,000
Intracoastal Park 1.000.000 0 0 0 0
Parks-Replace Playground Equip. 75.000 30.000 0 0 30.000
Parks-Parking Lots 0 0 140.000 0 0
Plumosa Park 225.000 0 0 0 0
[Revised by Amendment 04-1) CI-28
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
Merritt Park 0 0 30,000 0 0
Parking Meters-Multi-Space Metering 0 0 225.000 0 0
Old School Square Maintenance 36.000 0 0 0 0
Miller Park-Parking Lot Expansion 0 0 0 90,000 0
Miller Park Storage Building 0 0 0 175.000 0
Miller Park-Fence Replacement 0 0 0 120,000 0
Office Expansion/Park Maintenance 0 0 0 50.000 0
Building & Equip. Renewal & Replacement
City Hall Space Study 75,000 0 0 0 0
Building Maintenance 100.000 100.000 150,000 150.000 150,000
Roof Repair & Replacement 103.000 0 40,000 0 284.500
HR Remodelina 0 0 79.000 0 0
R&R-Computer Equipment 150.000 150.000 150.000 150,000 150.000
Software License/Upgrade 150.000 180.000 1S0,000 180,000 180,000
Fire· Additional Parking 0 0 0 120,000 0
Fire-SCBA Upgrade 36.700 0 0 0 0
Fire-MDT for FD Vehicles· Repeaters 310.000 0 0 0 0
Fire-Space Alloication & Design-FD Headquarters 0 0 42,000 0 0
Fire-Upgrade Generator FS #1 & 2 0 200,000 0 0 0
Police Hurricane Shutters 0 50.000 0 0 0
Police-New Phone System 180,000 0 0 0 0
Police-Replacement Laptop Computers 0 0 150.000 250.000 200,000
PoUce-Citrix License 0 0 0 0 39,000
Police - Upgrade Cellular Data Package 75.000 0 0 0 0
Public Works· Fleet Maintenance Software 62.000 0 0 0 0
iSeries SelVer-Police & City Hall wI Redundancy 460.000 0 0 0 0
Interactive Voice Response System 50.000 0 0 0 0
Intrusion Detection System 0 0 0 0 48.000
MS Content Management Licence·City Web Server 74.000 0 0 0 0
MS Server License Agreement 50.000 28,000 28.000 28,000 28.000
Replacement Internal Building Data Cabling 0 0 200,000 200.000 0
Web-Enabled Applications 0 0 0 0 76,000
Citrix Metaframe 21,000 110.000 50,000 50.000 21,000
City Clerk·Paperless Agenda 0 46,200 0 0 0
City Commission Chambers Modernization 0 0 0 0 218.700
other Miscellaneous
lifeguard Towers 0 0 90,000 0 0
Neighborhood Enhancement 150.000 200.000 200.000 200.000 200.000
Fire-Substations Wireless Network 0 42.000 0 0 0
Beach Pavilion at A1A & Atlantic Avenue 0 0 0 0 175.000
TOTALS: $13,654,900 $S,640,200 $9,176,000 $2,S35,000 $2,915,200
CITY MARINA FUND
Pier Construction 100,000 0 0 0 0
TOTALS: $100,000 $0 $0 $0 $0
WATER/SEWER NEW CAPITAL OUTLAY
Neighborhood Park-SW 6th Street 26,000 0 0 0 0
SCRWTDB Pelletization Project 500,000 1.000.000 1,000,000 0 0
Countv Club Acres Improvements 475.000 0 0 0 0
Sludge Thickener-Additional 0 400.000 0 0 0
W Atlantic Ave Phase III·Water Main 0 120,000 0 0 0
West Atlantic Phase IV·Water Main 0 0 120.000 0 0
Greenbrier Drive-Sewer 0 0 117.000 0 0
TOTALS: $1,001,000 $1,520,000 $1,237,000 $0 $0
WATER/SEWER CONNECTION FEES
Hospital Agreement 45.000 45.000 0 0 0
SCRWTDB Reclaimed Water System Expansion 312.500 500.000 500.000 500.000 500.000
Reclaimed Water Transmission System 1.701.592 600,000 600.000 0 0
TOTALS: $2,059,092 $1,145,000 Sf,100,OOO $500,000 1500,000
WATER/SEWER RENEWAL & REPLACEMENT FUND
Other Repair & Maintenance 214.000 214.000 165,500 165,500 165.500
lift Station Conv Submersible 100.000 100,000 100.000 100.000 100.000
Manhole Rehabilitation 50.000 50.000 50,000 50.000 50,000
Water Main Rehabilitation 270.000 215.000 270.000 270.000 270.000
Sewer Main Rehabilitation 500.000 .500.000 500.000 500.000 500.000
Computer Equipment 40.000 0 0 0 0
Other Machinery & Equipment 35.000 155.000 120.000 0 0
Water Main-SW 12th Av/SW 11th AvlSW 3rd St 486.000 0 0 0 0
Water Main·lake Ida Area 287.000 254.000 0 0 0
Water Main-osceola Park 331.000 331.000 0 0 0
[Revised by Amendment 04-1) CI-29
Water Main-Palm Trail Neighborhood 0 414.000 0 0
Water Main-SW 3rd StlSW 3rd Av/SW 6th Av 497.000 0 0 0
Water Main-SR A1A-E Atlantic Av to Pelican Ln 45S.000 0 0 0
Water Main-SR A1A-Casuarina Rd to E Atlantic Ave 304.000 0 0 0
Water Main-SW 10th & SW 15th Ave 0 238,000 0 0
Water Main- North Lake Ida Area 0 228,000 0 0
Water Main-Seasage/MelaleucafTamarind 0 248.000 0 0
Water Main-US 1-SE 10th 5t to E Atlantic Ave 0 0 546.000 0
Water Main-SE 1st Av-SE 3rd St to E Atlantic Ave 0 0 0 186.000
Water Main-US 1-E Atlantic Ave to George Bush Blvd 0 0 0 546.000
Water Main-5w 11th & SW 12th Avenue 0 0 0 147.000
Water Main·NW 12th St & Grove Way 0 0 0 393.000
Water Main·Delra Shores Neighborhood 0 0 0 673,000
Water Main-Dixie Highwa -US 1 Connector 55.000 0 0 0
ASR Well Pump Repl & Well Development 0 0 0 0
TOTALS: 3,133,000 2,333,500 1,631,500 3,030,500
MUNICIPAL GOLF COURSE
Other Machinery & Equipment 50,000 60.000 70,000 80,000 90.000
TOTALS: $50,000 $60,000 $70,000 $80,000 90,000
LAKEVIEW GOLF COURSE
Other Mach. & Equipment 0 0 25.000 30.000 35.000
TOTALS: 0 0 25,000 30,000 35,000
STORMWATER UTILITY
General Stormwater Repairs 33.550 50.000 50.000 50.000 50,000
Swale Reconstruction 0 0 150.000 150.000 150,000
Tro ic Isles CB R&R 50.000 125.000 0 0 0
NE 4th Av- E Atlantic Av to NE 2nd St 0 370,000 0 0 0
Lake Ida Area 90.000 90,000 0 0 0
SW-NW 5th Ave-SW 1st St to W Atlantic Ave 100.000 0 0 0 0
Osceola Park 228,000 351.000 0 0
SW 2nd Ave-SW 1st St to W Atlantic Ave 86,000 0 0 0 0
Royal Palm Drive 73.000 0 0 0 0
DixieHi hwa -US 1 Connector 0 30.000 0 0 0
NE 4th St-NE 5th Ave to NE 6th Ave 0 138.000 0 0 0
Pump Station Rehab 0 100,000 150.000 250,000 100,000
Rainberry Woods 100.000 0 0 0
Thomas St Pum Station Modifications 0 109.000 0 0 0
Seasa e/MelaleucafTamarind 0 0 518.000 0 0
Dotteral Road-Audubon Blvd to N End 0 0 0 54,000 0
NE4t11St 0 0 0 109,000 0
SE 2nd St-S Swinton Ave to FEC X-ing 0 0 0 0 138.000
SW 1st Ave-SW 1st St to W Atlantic Ave 0 0 0 0 86.000
TOTALS: $660,550 $1,4S3,OOO 868,000 $613,000 524,000
CENTRAL GARAGE FUND
Vehicle Replacement 654,320 1.100.000 1.175.000 1.250,000 1,750.000
Vehicle Restoration S5.000 85.000 85.000 85,000 85,000
Fire-ALS Rescue Replace 184.340 193.500 203,300 213.465 224,200
Fire-Ladder Truck Replacement 336,000 0 0 0 0
Fire-E ui ment Pumper Replacement 354,400 0 0 400,SOO 0
Fire-Special Operation Truck 0 0 345.000 0 0
Transfer to General Fund-Fire Ladder Truck 215.000 0 0 0 0
TOTALS: 1,829,060 $1,378,500 1,808,300 $1,949.265 2,059,200
[Revised by Amendment 04-1] CI-30
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #10
Capital Improvement Element
Updated Table CI-CIP, Five Year Capital Improvements Schedule For
Projects> $25,000
SD #10
RECREATION IMPACT FEE
Delray Swim & Tennis Club Ph II 164,000 700.000 0 0 0
Delray Swim & Tennis Club Ph II -Eqip 0 50.000 0 0 0
TOTALS: 164,(){)0 $750,000 0 $0 $0
COMMUNITY DEVELOPMENT FUND
land Acquisition 30,000 0 0 0 0
Bike athslSidewalks 105,000 0 0 0 0
TOTALS: 135,(){)0 $0 0 0
BEAUTtFICA TI N TRU T FUND
Federal Highway Medians 40.000 0 0 0 0
Swinton Ave Phase II 250.000 0 0 0 0
Linton Blvd (Congress & Military Trail) 292.500 0 0 0 0
Exotic Tree Removal 35,000 30,000 30,000 0 0
Pineapple Grove Uplights 30.000 0 0 0 0
Computerized Irrigation System 25.000 25,000 25,000 25.000 0
Fire Headquarters Entrance Upgrade 55.000 0 0 0 0
City Wide Tree Trimming - Equipment 0 0 0 133.000 0
TOTALS: 727,500 $55,000 55,000 $158,000 0
BEACH RESTORATION FUND
Surveys 38.935 40.492 42.112 43,797 45,548
Engineerin 0 0 0 278,000 93,000
Beach Tilling 12,000 12.360 12.720 0 0
Construction - Bid 0 0 0 0 23.500
Post Construction Environ J 0 0 0 0 265,000
Sea Turtles Monitoring 27,305 27.300 27.300 16.300 16,300
Dune Revegetation 50,000 0 0 0
Update Geotech 0 0 0 150,000 0
TOTALS: 128,240 $80,152 $82,132 88,097 443,348
GENERAL CAPITAL IMPROVEMENTS
Streets, Alleys. Parking Lots, Bnd as & Sidewalks
Street Reconstruction 100.000 100,000 140.000 150.000 150.000
Sidewalks/Swales 0 0 50,000 50,000 50,000
Downtown Parking Lots 0 0 110,000 0 0
Traffic Calming 52.000 100,000 100,000 104,000 104.000
Ne 4th Ave-E Atlantic Ave to NE 2nd SI 0 626,000 0 0 0
Transit Stops Bus Shelters 266.200 0 0 0 0
Royal Palm Drive 100.000 0 0 0 0
Osceola Park 483,000 483,000 0 0 0
Country Club Acres 360.000 0 0 0 0
Atlantic AvelNW 24th Ave Tum Lanes 250.000 0 0 0 0
SW 2nd Av-SW 1 st St to Atlantic Av 115.000 0 0 0 0
SE-NE 1st Street One-Way Pair 105.000 700.000 0 0 0
Bridge - Linton Blvd Tender House 141,000 0 0 0 0
SW 1st Av-SW 1st St to W Atlantic Av 0 0 0 0 115,000
Dotterel Road-Audubon Blvd to N End 0 0 0 403.000 0
Dixie Highway-US 1 Connector 0 106.000 0 0 0
Pineapple Grove-Sidewalks 0 0 0 0 173.000
Bulldln Construction/Rehabilitation
Public Works-Storage Building/Fire Bay 0 271.000 0 0 0
Delray Beach Library Building 6.500.000 0 0 0 0
Old School Square-Hurricane Shutters 0 0 247.000 0 0
Cemetery Maintenance Building 0 0 0 115.000 0
Fire-Rescue/Police Training Facility 250,000 250,000 0 0 0
Beautification
SW-NW 5th Av-SW 1st St to NW 2nd St 1.450.000 0 0 0 0
SE-NE 5th Av & 6th Av-SE 41h SIlo NE 4th SI 100.000 750.000 5,000.000 0 0
W Atlantic Av - Ph III 0 2,013.000 0 0 0
W Atlantic Av ~ Ph IV 0 0 1.725.000 0 0
SE 2nd St-S Swinton Av to FEC X-ing 0 0 0 0 173,000
Parks & Recreation Facilities
Tennis Center-Equipment Storage Enclosure 0 0 0 0 70,000
Tennis Center-Rehab Clay Courts 0 50.000 50.000 50,000 50.000
Tennis Center-Replace Stadium Seals 0 0 0 0 70.000
Tennis Center-Equipment 0 0 0 0 125,000
Pompey Park/Community Center Bleachers 0 55.000 0 0 35,000
Intracoastal Park 1,000,000 0 0 0 0
Parks-Replace Playground Equip. 75.000 30,000 0 0 30,000
Parks-Parking Lots 0 0 140.000 0 0
Plumosa Park 225.000 0 0 0 0
Merritt Park 0 0 30,000 0 0
CI-28
Parking Meters-Multi-Space Metering 0 0
Old School Square Maintenance 36.000 0
Miller Park-Parking Lot Expansion 0 90.000
Miller Park Storage Building 0 175.000
Miller Park-Fence Re lacement 0 120,000
Office Expansion/Park Maintenance 0 50.000
Building & Equip. Renewal & Replacement
Ci Hall S ace Study 75,000 0 0 0 0
Building Maintenance 100,000 100.000 150.000 150.000 150.000
Roof Repair & Replacement 103.000 0 40.000 0 284,500
HR Remodeling 0 0 79,000 0 0
R&R- omputer Equipment 150.000 150.000 150.000 1S0,000 150.000
Software License/Upgrade 150.000 180,000 180.000 180.000 180.000
Fire - Additional Parking 0 0 0 120.000 0
Fire- BA U grade 36.700 0 0 0 0
Fire-MDT for FD Vehicles - Repeaters 310.000 0 0 0 0
Fire-Space Alloication & Design-FD Headquarters 0 0 42.000 0 0
Fire-Upgrade Generator FS #1 & 2 0 200.000 0 0 0
Police Hurricane Shutters 0 50,000 0 0 0
Police-New Phone System 180.000 0 0 0 0
Police-Replacement Laptop Computers 0 0 150,000 250.000 200.000
Police-Citrix License 0 0 0 0 39.000
Police· Upgrade Cellular Data Package 75.000 0 0 0 0
Public Works - Fleet Maintenance Software 62,000 0 0 0 0
iSeries Server-Police & City Hall wI Redundancy 460,000 0 0 0 0
Interactive Voice Response System 50.000 0 0 0 0
Intrusion Detection System 0 0 0 0 48.000
MS Content Management Licence-City Web Server 74,000 0 0 0 0
MS Server License Agreement 50,000 28.000 28,000 28.000 28,000
Replacement Internal Building Data Cabling 0 0 200,000 200.000 0
Web-Enabled Applications 0 0 0 0 76,000
Citrix Metaframe 21.000 110,000 50,000 50,000 21,000
City Clerk-Paperless A enda 0 46,200 0 0 0
City Commission Chambers Modernization 0 0 0 0 218,700
Other Miscellaneous
Lifeguard Towers 0 0 90.000 0 0
Neighborhood Enhancement 150,000 200,000 200.000 200.000 200.000
Fire-Substations Wireless Network 0 42.000 0 0 0
Beach Pavilion at A1A & Atlantic Avenue 0 0 0 0 175.000
TOTALS: 13,654,900 6,640,200 $9,176,000 2,635,000 2,915,200
CITY MARINA FUNO
Pier Construction 100.000 0 0 0 0
TOTALS: $100,000 $0 ° ° $0
WATER/SEWER NEW CAPITAL OUTLAY
Neighborhood Par1<.-SW 6th Street 26.000 0 0 0 0
SCRWTDB Pelletization Project 500,000 1.000.000 1.000.000 0 0
County lub Acres Improvements 475.000 0 0 0 0
Sludge Thickener-Additional 0 400.000 0 0 0
W Atlantic Ave Phase III-Water Main 0 120.000 0 0 0
West Atlantic Phase IV-Water Main 0 0 120,000 0 0
Greenbrier Drive-Sewer 0 0 117.000 0 0
TOTALS: 1,001,000 $1,520,000 1,237,000 $0 $0
WATER/SEWER CONNECTION FEES
Hos ital Agreement 45,000 45.000 0 0 0
SCRWTDB Reclaimed Water System Expansion 312.500 500,000 500.000 500,000 500,000
Reclaimed Water Transmission System 1,701.592 600,000 600,000 0 0
TOTALS: 2,059,092 1,145,000 1,100,000 $500,000 500,000
WATER/SEWER RENEWAL & REPLACEMENT FUNO
Other Repair & Maintenance 214.000 214.000 165.500 165.500 165.500
Lift Station Cony Submersible 100.000 100.000 100.000 100.000 100,000
Manhole Rehabilitation 50.000 50.000 50.000 50,000 50,000
Water Main Rehabilitation 270.000 215.000 270.000 270.000 270.000
Sewer Main Rehabilitation 500.000 500.000 SOO,OOO 500.000 500,000
Computer Equi ment 40.000 0 0 0 0
Other Machinery & Equipment 35,000 155,000 120.000 0 0
Water Main-SW 12th Av/SW 11th Av/SW 3rd St 486,000 0 0 0 0
Water Main-lake Ida Area 287.000 254.000 0 0 0
Water Main-Osceola Park 331.000 331.000 0 0 0
Water Main-Palm Trail Neighborhood 204.000 0 414,000 0 0
Water Main-SW 3rd StlSW 3rd Av/SW 6th Av 0 497.000 0 0 0
CI-29
-_~....I
Water Main-SR A 1A·E Atlantic Av to Pelican Ln 0 458,000 0 0 0
Water Main-SR A1A-Casuarina Rd to E Atlantic Ave ----- 0 304,000 0 0 --Õ
WaterMain-SW1oth&SW15thAve - ---- --------Ö 0 -.- 238,000 0 "·-·0
Water Main- North Lake Ida Area ~-_. . -.. 0 0 228,000 0 'ö
Water Main Seasage/MelaleucafTamannd 0 0 248,000 0 0
Water Main-US 1-SE 10th SI to E Atlantic Ave 0 0 0 546,000 0
Water Maln-SE 1st Av-SE 3rd 51 tö-E Atlantic Ave - - 0 0 0 0 186,000
Water Main-US 1-E Atlantic Ave to George Bush Blvd ··Ö Ô 0 0 546,000
Water Main-Sw 11th &$W 12th Avenue 0' 0 0 0 147,000
Water Main-NW 12th 51 & Grove Way 0 0 -- 0 0 393,000
Water Main-Delray Shores Neighborhood 0 0 0 0 673,000
Water Main-Dixie Highway-US 1 Connector 0 55,000 0 0 0
ASR Well Pump Repl & Well Development 100,000 0 0 0 °
TOTALS: $2,617,OOO $3,133,000 $2,333,500 $1,S31,500 $3,030,5oo
MUNICIPAL GOLF COURSE
other Machinery & Equipment 50,000 60,000 70,000 80,000 90,000
__ TOTALS: $50,OOO $SO,OOO $70,OOO $80,000 $90,OOO
LAKEVIEW GOLF COURSE
Other Mach. & Eauipment 0 ° 25,000 30,000 35,000
TOTALS: $0 $0 $25,000 30,000 $35,OOO
STORMWATER UTILITY
General 5tonnwater Repairs 33,550 50,000 50,000 50,000 50,000
$wale Reconstruction ° 0 150,000 150,000 150,000
Tropic Isles CB R&R -- 50.000 125.000 0 0 0
NE 4th Av- E Allantic Av to NE 2nd SI 0 370,000 0 0 0
lake Ida Area 90,000 90.000 0 0 0
SW-NW5thAve-SW1stSttoWAllanticAve- 100.000 0 0 0 0
Osceola Park 228,000 351,000 0 0
SW 2nd Ave-SW 1st St to W Atlantic Ave 86,000 -0 ° ° 0
Roval Palm Drive 73,000 0 ° 0 0
OixieHighway-US 1 Connector ° 30,000 0 . -".- 0 0
NE 4th St-NE 5th Ave to NE 6th Ave ---~- 0 138,000 0 0 0
Pump Station Rehab 0 100,000 -. 150,000 250,000 100.000
Rainber Woods 100,000 ° ° 0
Thomas St Pump Station Modifications ° 109,000 ° ° °
SeasaaelMelaleucafTamarind 0 0 518,000 0 0
Dotteral Road-Audubon Blvd to N End I ° 0 _._ ° 54,000 ~o
NE 4th St 0 0 0 109.000 0
SE 2nd 5t-S Swinton Ave to FEC X-ing 0 ° ° ° 138,000
SW 1st Ave-SW 1st St to W Atlantic Ave ° 0 -- 0 ° 86.000
_ - TOTALS: $660,550 $1,4S3,OOO $868,000 $613,000 $524,000
CENTRAL GARAGE FUND --
Vehicle Replacement 654.320 1,100.000 1.175.000 1.250,000 1,750,000
Vehicle Restoration 85,000 85,000 85,000 85,000 85,000
Fire-ALS Rescue Replace -. 184.340 193.500 203.300 213.465 224,200
Fire-ladder Truck Replacement -. 336,000 0 0 ° °
Fire-Equipment Pumper Replacement 354,400 ° ° 400,800 °
Fire-Special Operation Truck . ° 0 ~- 345,000 0 0
Transfer to General Fund-Fire Ladder Truck 215,000 0 0 ° 0
_. __ TOTALS: $1,829,OSO $1,378,500 $1,808,300 $1,949,265 $2,059,2oo
PARKS AND RECREATION BOND
Neighborhood Parks -- - 3,450,000 825,000 -
Soccer Complex 107,000 2,618,000
Western Community Center 820,000 2,980,000
Catherine Strong Community Park 2,000,000-
Swim & Tennis Club 700,000
Pompey Park Building Expansion 20,000 70,000 410,000
Bexley Pal1< 50,000 450,000
Bov Scout Hut Park 350,000
lake Ida Park 425,000
Cornell Park 150,000
Community Center/Pompey Park 40,000 260,000 .-
Beach Furniture 75,000
Existing Park Upgrades .-- - 200,000 -
Old School Square 4.54Ò.000 2.460.000
Library - -----~ 1,000,000
TOTALS: $12,5450oo.oo $ 5,447,Ooo.oo $ 6,oo8,000.oo
CI-30
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #11
Capital Improvement Element
Existing Table SD-CIP, School District of Palm Beach County Six Year
Capital Improvement Schedule
SD #11
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #12
Capital Improvement Element
Updated Table SD-CIP, School District of Palm Beach County Six Year
Capital Improvement Schedule
SD #12
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SUPPORT DOCUMENT #14
Public Schools Facilities Element
Updated Public School District Map Series
SD #14
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Public Schools Facilities Element
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PUBLIC SCHOOL FACILITIES ELEMENT
ENROLLMENT CAPACITY & SHORTFALL TABLE
APPENDIX B
PS-51
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SCHOOL ATTENDANCE ZONE MAPS
APPENDIX C
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PS-53
IUlMlllTARYSCHODL TIlE SCØOOL DlSTRICT OF PALM JlL\CR COUNTY, JLOIUDÀ
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #16
Public Schools Facilities Element
Amended Pages to Reflect updated School District Documents
SD #16
_~_____._______ _____u_____ ___
PUBLIC SCHOOLS FACILITIES ELEMENT
OF THE COMPREHENSIVE PLAN
CITY OF DELRA Y BEACH
A. INTRODUCTION
1. Overview.
The Palm Beach County, the School District of Palm Beach County, and 26 participating
local governments within the school district have chosen to implement public school
concurrency, requiring each local government to adopt consistent comprehensive plan
amendments. The amendments include the following:
. The proposed Public Schools Facilities Element and the accompanying data and
analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025,
F.A.C., for the purpose of imposing school concurrency. It is intended to assure
coordination among the County, local governments, and the School District so that
school capacity at the adopted level of service standard is available at the time of
the impacts of development.
. The Capital Improvement Element to incorporate a financially feasible capital
improvement plan for school concurrency, setting forth a six-year financially feasible
public school capital facilities program that demonstrates that the adopted levels of
service will be achieved and maintained.
. The Comprehensive Plan Map Series to incorporate nine new maps depicting the
proposed Concurrency Service Areas (CSA) and other information required by the
rule.
These amendments were adopted bv are pr-oposod fer tl=lo Special Amendment 2001-3
(01-3). The propose9 Plan amendments for school concurrency are submitted along
with an executed Interlocal Agreement which satisfy the requirements of
ss.163.3177(6)(h)1. and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes
for intergovernmental coordination and collaborative planning among the School
District, the County and the 26 participating municipalities.
The Public Schools Facilities Element (PSFE) and related comprehensive plan
amendments to establish public school concurrency are based upon the following data
and analysis pursuant to requirements of Rule 9J-5.005(2), FAC. and Rule 9J-
PS -1
5.025(2), FAC. The principal source of data and analysis is provided by the School
District of Palm Beach County in its adopted FY2001-FY2005 Five-Year Capital
Facilities Plan and FY 2001 Capital Budget, June, 2000. (CIE Table SD-CIP)
2. School District of Palm Beach County FY 2001-2005 Five-Year Plan and FY
2001 Capital Budget (Five-Year Plan).
The School District facilities and capital requirements are presented in the current
adopted FY2991 2998 (Fivo Year PlaA) and FY 2001 Capital QI,J8€1Ðt Five-Year Plan
and Capital Budget pursuant to s. 235.185 Florida Statutes, and the Educational Plant
Survey. The Five-Year Plan describes the status of the existing facilities, economics,
and enrollment trends of the School District. Each planning zone depicts its area's
schools grouped by school type. Special Schools with district-wide boundaries are
grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility
planning, considering the District's facilities goals, capital requirements and funding
mechanisms. The Five-Year Plan is organized to present facilities information by high
school planning zones for the purpose of determining enrollment, capacity calculations,
and educational program considerations with evaluations of each facility's issues.
Further, the Five-Year Plan provides descriptions of the School District's budgeted
projects. Revenue sources are also discussed in the document along with alternative
funding options. The Five-Year Plan details each school facility's existing enrollment,
the existing School Student Capacity (FISH), and existing level of service (LOS) (% of
utilization) within the high school planning zones. Demographic information and
enrollment projections are provided in the Five-Year Plan.
3. Six Year Capital Improvement Schedule.
In order to provide compatible financial feasibility between the School District's Five-
Year Plan and the City of Delray Beach's required 5-Year Capital Improvement
Program, the School District's Five-Year Plan was extended to project revenues and
expenditures for a sixth year in the initial planning period. This information in total has
been added to the Capital Improvement Element of the City of Delray Beach's
Comprehensive Plan as: Table SD-CIP - School District of Palm Beach Six Year Capital
Improvement Schedule.
B. SERVICE AREAS - SCHOOL CONCURRENCY SERVICE AREAS (CSA)
For the purposes of measuring school concurrency on a less than district-wide basis,
twenty-one (21) Concurrency Service Areas (CSA) are being established in the School
District. The Interlocal Agreement directs that school attendance boundary adjustments
will be made for each school facility within a CSA to achieve the adopted LOS,
maximize school utilization, and establish travel times which do not exceed those set in
School Board Policy 7.13 for elementary and secondary schools.
PS-2
1 . Concurrency Service Area Map.
Pursuant to Rule 9J-5.025(4)(c), FAC., school concurrency service areas which are
less than district-wide must be depicted in the Comprehensive Plan. One of the
proposed maps in the Comprehensive Plan Map PS 1.1 , depicts the School
Concurrency Service Areas (CSA).
2. Criteria to establish Concurrency Service Areas.
The physical boundaries of the CSAs are delineated in the Implementation Section of
the Public Schools Facilities Element. For school concurrency service areas on a less
than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CSA
boundaries are described as bounded by section lines, major traffic-ways, natural
barriers and county boundaries. In addition, each CSA boundary was delineated
considering school locations, student transporting times, and to a lesser extent the
future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the
CSA boundaries shall be made only by amendment to the Public Schools Facilities
Element and are exempt from the limitation on the frequency of plan amendments.
3. Concurrency Service Area Tables.
Based on the District's Five-Year Plan, the School District Planning Zones (high school
planning zones) data was used to create the CSA tables to present capacity, projected
enrollment, and utilization of the School District's facilities as required by Rule 9J-
5.025(2)(e) and Rule 9J-5.025(3)(c)7, FAC., for School Concurrency (See ^ppendix
Aþ The twenty-one CSAs have been developed consistent with s.163.3180(13)(c)2.,
F.S., required when the school concurrency service area is less than district-wide. The
CSA tables have also been added as an appendix to the current Five-Year Plan. Under
the title of each table there is a reference to the School District Planning Zones where
the information was taken from and where detailed data is depicted.
Each CSA Table presents a specific CSA with its school facilities by type. As depicted
on the CSA Tables, the data requirements for portions of Rule 9J-5.025(2) (b), (c) and
(e), FAC., for the Public Schools Facilities Element are specifically addressed in each
CSA.
The CSA Tables provide the following school data by CSA and by school type
consistent with Rule 9J-5.025, FAC.:
(1 ) The projected enrollment, capacity and projected level of service (% of
utilization) by year for the six year planning period.
(2) The targeted actual LOS of 110% is achieved countywide in school year
2004-05.
PS-3
(3) The total projected school facility surpluses and deficiencies by year for
the six-year planning period based on projected enrollment by school type.
Enrollments, capacities and utilizations are shown adjusted per year as
the school improvements are anticipated to be completed.
(4) The means by which the enrollment is stabilized and the adopted LOS is
attained through redistribution of students by boundary adjustments or
school construction or other capital improvements.
(5) The school facilities planned for each CSA to accommodate projected
enrollment at the Tiered Level of Service (LOS) standard each year
projected for the first four-year period, then at the adopted LOS for the fifth
year of the initial planning period. School utilization does not exceed the
targeted 110% LOS in the sixth year.
(6) The notes provided at the bottom of each CSA Table page describe the
provision of school facilities by type to be newly opened or modernized to
provide for future enrollment or enrollment relief for existing schools within
the CSA and schools in adjoining CSAs. Further analysis of the adequacy
of the level of service conditions is located within the School District's
current adopted Five-Year Plan fY2QQ1 fY2QQ5 (five Yoar PlaA) and ~
~ Capital Budget, JklAO 2000. As indicated in the CSA Tables, the
program and boundary adjustments necessary to effectively utilize
capacity may occur at any time.
C. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG
RANGE PLANNING
1. Enrollment.
In the 2000-01 school year, the School District serves 151,000 K-12 students through
regular and special programs and partnerships in a variety of facilities. There are more
than 147,000 students served in schools with boundaries and/or magnet programs at
regular schools measured in the Concurrency Service Area Tables in Appendix A.
The Table Enrollment Capacity & Shortfall/Surplus for 04/05,09/10, &19/20 (AppeAåix
81, provides information regarding total projected enrollments and corresponding school
facilities needed for each CSA to accommodate the adopted level of service standard
for the end of the initial five year period and long range planning period of ten and
twenty years. The tables list the total enrollments, capacity, and shortfall or surplus by
school type District-wide. Population shifts which may result in adjustments to school
attendance zones and CSA total enrollments, require the School District to determine
the number of school facilities needed district-wide. Based on the total long range
projected enrollment for each type of school, the table shows the projected facilities
needed district-wide for elementary, middle and high schools.
PS-4
The CSA Tables also reflect the 2,147 students enrolled in alternative and special
schools. Students are assigned to these schools without regard to attendance zones. In
addition, the CSA Tables show 728 students participating in programs not based in
School Districts Facilities.
2. Additional Capacity and Ancillary Plants.
For the end of the initial planning period, the required Map Series PS 3.1 aAd PS 3.2
depict the locations of proposed schools with confirmed sites and the planned schools
without confirmed sites. AdditioAally, Maf'l PS 3.2 e;t:!9'l:e; anc;illary fasilitiee; witt:! e;itee; to
be deterrniAod. The long range facility demand map& - PS 3.3 3nd PS 3.4 show§.
general future demand for schools based on projected population. The facilities required
to meet these future demands are anticipated but not yet budgeted.
Based on the School District's Five-Year Plan, no ancillary plants are planned to be
converted to school facilities for school concurrency purposes. Similarly, the Five-Year
Plan shows the School District has no plans to convert any school facility to an ancillary
plant. Additionally, the School District is not planning an expansion of any ancillary
administration or support facilities with the exception of a bus depot. Currently,
educational centers known as Full Service Centers operate out of two ancillary plants.
These centers house a variety of public school and non-profit programs that serve
preschool children through adults. These programs include Head Start, drop-out
prevention and Second Chance Programs, adult education, child care and wellness
centers, etc. Ancillary facilities are also utilized for School District Area offices, which
support educational activities and are not utilized for the measurement of school
concurrency.
3. School Attendance Zones.
Existing district-wide school attendance zones for each school facility are provided by
school type on School Attendance Zone Maps (Appendix C).
4. District-wide Programs - Special, Alternative, and Supplemental Programs.
The School District of Palm Beach County offers a range of special, alternative, and
supplemental educational programs on a district-wide basis. In the Five-Year Plan, the
planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental
Programs" analyzes a variety of programs offered in the special and alternative school
setting. These programs operate at the discretion of the School Board in a range of
different facilities with district-wide boundaries. The number of students served, where
they are housed, and integration with the regular programs, are all choices driven by
District policies and budgets. Planning for these programs is an essential component to
long range planning for school buildings. Special programs affect school enrollment,
capacity, utilization and building design.
PS-5
The alternative and special schools serve more than 2,100 students. Students are
assigned to these programs without regard to attendance zones. The enrollment in the
programs is projected to be stable for the 5-year planning period.
Facilities Plans and recommendations to accommodate these programs during the next
five years are to be completed for the current adopted Five-Year Plan ¡;Y 2002 2006
(rive Year Phm). They will identify where programs are or will be located, how many
students will be served at each facility, and other special facilities needs.
5. Charter Schools
Charter schools are considered public schools that operate under a special charter with
a school district. A charter school sets its own attendance criteria and selects its own
facilities. The State provides funding through a separate formula for its operating and
capital budgets directly to the charter schools; therefore, charter schools are not
included in the School District's Capital Plan. For the purposes of school concurrency,
charter schools cannot be used to determine capacity for residential development. In
the 2000-01 school year, 9 charter schools serve 709 students. New applications for
additional charter schools have been received for school year 2001-02 that may serve
up to a total of 2,800 students.
6. Population District-wide - Projected Enrollment.
The projected district-wide school enrollment is based upon the demographic and
economic profiles developed by the County which establish the basis for projecting
capacity requirements through the initial five year planning period and the end of the
long range planning period, consistent with Rule 9J-5.025(2)(b), FAC. The School
District has experienced an annual enrollment growth of 5% since 1985. This is an
average annual increase of approximately 5,000 students each school year. This
annual growth rate will be moderated over the next five years.
Figures 2 through 6 on pages 1-3 and 1-4 of the School District's current adopted Five-
Year Plan ¡;Y2001 ¡;Y2005 (rive Year Plan) and ¡;Y 2001 Capital Budget, Jl,lne 2000,
present enrollment projections based upon demographic and economic profiles. Over
the next 5 years, the School District's K-12 enrollment is projected to increase by
10,000 +/- students to nearly 160,000. The total enrollment figures have closely tracked
the general population trends. Generally, the average annual enrollment increases in
the middle and high school age range and is expected to continue for the next three
years.
Palm Beach County's geographic area is approximately 2,023 square miles. It is
comprised of 1,739.4 square miles of unincorporated areas and thirty-seven
municipalities within 283.6 square miles. The county has a total population of more than
1.025 million in 1998, with an unincorporated population of more than 465,000 and an
incorporated population of nearly 560,000. Since 1940, the County has nearly doubled
in population every 20 years, with the 2000 population estimated at 1,062,400. Creating
the greatest impact on the School District, of the 1.062 million persons who reside in
PS-6
end of the long range planning period, consistent with Rule 9J-5.025(2)(b) FAC. The
results are cross-verified and compared for variations. (See Enrollment Projections
Outline, pg. PS-16)
9. Facility Demand.
The projected additional facility demand for long range planning of public school
facilities by CSA and school type is depicted on required future conditions Maps PS 3.3
anEl :U. Usin€! existing and pr-ojesteEl ßop , latien, the Ðxistin€! anEl pH>jecteEl sshee
fasility district wiEle s , rßI , ses anEl EleHsiensies by year for the five year plannin€! perieEl
and for the enEl ef the len€! range planning poriod of the Ce , nty, are presented in
AppÐndix B. These surpluses and deficiencies are listed by CSA, representing
projected seats needed (capacity demand).
PS-9
D. LEVEL OF SERVICE ANALYSIS
The School District's current adopted Five-Year Plan fY2001 fY200á (five Year Plan)
and fY 2001 Capital Budget, Juno 2000, provides an analysis of the adequacy of the
existing level of service for each school facility within each high school planning zone,
describing the physical condition of the facilities in order to develop appropriate level of
service standards based on physical conditions and programs pursuant to Rule 9J-
5.025(2)(d) FAC. The Five-Year Plan provides the existing enrollment, the existing
School Student Capacity (FISH), and existing utilization for each school facility
consistent with Rule 9J-5.025(2)(a), FAC. The Five-Year Plan's high school planning
zones provide an analysis of the schools within each zone and specific project
recommendations. /\ßßenElix /\ of the five Yoar Plan (CS/\ TaBles) indicates which high
SGAool planning zono haE information about tho iREliviEll/al Echeels Gontainod in oach
GSA,.
1. Enrollment Distribution.
The public school enrollment in Palm Beach County indicates a range of facility
utilization from under capacity to significantly over capacity as measured against the
Florida Department of Education Inventory of School Housing (FISH). The 2000 2001
five Yoar Plan shows oxisting £:chool utilizatioR r-anging from a low af 4¿¡% (C.D.
EisoRAowor ElomeRtar'f) to a high of 204% (.I'.Groago Pino£: Elomentary) of capacity for
olomontary sGheols; middle £:cheols faRgO fFOm 78 (Lakoshoro Middle) to 159%
(Lantana MiElEllo); and high scheols fFOm 70~<' (.,II/pitaI' High) to 1137 % (AtI::mtic High) of
caßaGity.
The general distribution of student enrollment across Palm Beach County shows north
County middle and elementary schools at (or moderately over) capacity, and the high
schools with generally lower enrollments. These schools are within the Concurrency
Service Areas (CSA) 1-6. There is a moderate growth rate in north County schools;
however, the Abacoa area is expected to add significant student growth to this area of
the County in the next five years. Recently proposed developments for the former
MacArthur Foundation lands in the northern County, are being proposed with lower
densities which traditionally generate a lower number of students. Enrollment in the
eastern-central portion of the County (within CSAs 8, 9,11,12,14 and 15) is stable, but
many schools are over capacity with moderate growth in enrollment expected to
continue. Schools in the central-western portion of the County are operating above
capacity and enrollment is expected to grow rapidly as development is anticipated within
CSAs 10, and 16. The south-central portion of the County is significantly over capacity,
with all school types being impacted within CSAs 17, 18, 19 and 20. This area's
enrollment is expected to continue to grow, particularly on the western portion of these
CSAs which are expected to grow rapidly with family oriented homes. The southern
section of the County shows school enrollment moderately above capacity, but
expected to stabilize within CSA 21. The School District considers the western portion
(Glades) of the County to have stable enrollment.
PS-17
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #17
Cottages at Banyan Village
FLUM Amendment and Rezoning Staff Report
&
FLUM Amendment Legal Description
SD #17
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: May 17, 2004 A ~
AGENDA ITEM: III. A. (2. a.) ~
ITEM: Future land Use Map Amendment from low Density Residential 0-5 du/ac
(lD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from
Single-Family Residential (R-1-A), in part, and Community Facilities (CF), in
part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial
Hearing).
:HffiEIB "
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7TH Sf.
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GENERAL DATA: <>'0
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I Owner I Applicant.................. Balestrieri Development Corp.
I S.E.8fHST,
Agen!............................... Weiner & Aronson, P.A. 0, ~
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location................................ Southwest Corner of Swinton s.w. N 8TH COURT ~ <
~
Avenue and SW 10th Street .
-
Property Size......................... 8.96 Acres "
'"
Current FlUM Designation.... low Density Residential 0-5 du/ac , .
(lD)
Proposed FlUM Medium Density Residential 5-12 Vi
0
D' ti uJ it!
I eSlgna on....................... d ac (MD) [f
, Current Zoning................ ... Single-Family Residential (R-1-A)
I
and Community Facilities (CF) s.w. 10TH ST.
r Proposed Zoning................ Medium Density Residential 10
du/ac (RM-10)
Adjacent Zoning..... North: Single-Family Residential (R-1-A)
South: Single-Family Residential (R-1-A)
East: Special Activities District (SAD)
West: Single-Family Residential (R-1-A)
Existing land Use................. Vacant
Proposed land Use.............. FlUM Amendment from lD to
MD and Rezoning from R-1-A, in ŒN'PiALA'Æ.
part, and CF, in part, to RM-10 as w
part of Comprehensive Plan 5<
Amendment 2004-02 ã
COl.lINSA'ÆHU£
Water Service....................... N/A
Sewer Service....................... N/A
THE
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COUNTY
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III. A. (2. a. \
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential
(LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-1-A)
and Community Facilities (CF) to Medium Density Residential- 10 dwelling units per acre (RM-
10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
"~.~t* *.
IT '. A?'·~... ."J1Y(,L"'hr.. .... ,:,... . . . __. .M,,,,. .- ... .... ~._ _. _ _ .: .. .
The subject properties total approximately 8.96 acres and include multiple platted and unplatted
parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties
are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
Each of the subject properties were at one time zoned R-1-A, however at its meeting of
February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-1-A
to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-1-A
each contained residential structures, while the now CF zoned parcel was vacant. The Full
Gospel Assembly Church never established operations on the subject property and has
continued to remain vacant.
The subject properties were recently sold and subsequently cleared in anticipation of future
property development as a multiple-family townhouse project. An application is now before the
Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-1-A and CF to
RM-10.
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This FLUM Amendment is being processed pursuant to the twice a year statutory limits for
consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment
2004-02.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lDR Section 3.1.1, prior to approval of land Use 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
the Future Land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o 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 proposed Medium Density Residential- ten (10) dwelling units per acre (RM-10) zoning
district is consistent with the proposed Medium Density Residential (MD) FLUM designation.
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 2
Multiple-family townhouse developments are allowed in an RM-10 zoning district as a
permitted use at a base rate of six (6) units per acre. Increases above that density are only
allowed if the subsequent development substantially complies with the performance
standards listed in LOR Section 4.4.6(1). Based on the above, positive findings can be
made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from LD to MD on several adjoining
parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result
in an increased impact on adopted concurrency standards. Concurrency findings with
respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: Pursuant to Land Development Regulations (LOR) Section 5.3.2, a
park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the
maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park
impact fee of $44,500.00.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District must
approve the development proposal for compliance with the adopted Level of Service for
School Concurrency. Verification from the Palm Beach County School District is pending
and the receipt of a written finding of approval from the School District is attached as a
condition of approval.
Solid Waste: The subject properties are presently vacant and therefore currently have no
impact on this level of service standard. Assuming the proposed maximum density (10
du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase
can be accommodated by existing facilities and thus, will not have a significant impact on
this level of service standard.
Traffic: The applicant has submitted a traffic study based upon the maximum potential
density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is
noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The
subject properties current FLUM designation of LD would permit maximum densities that
would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic
study, the proposed FLUM would allow for a development generating 48 AM and 56 PM
peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the
submitted traffic study has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Palm Beach County Traffic Performance Standards Ordinance must be
received and is attached as a condition of approval. It is anticipated that the proposal will
meet traffic concurrency standards. Based upon the above condition of approval being
addressed, a positive finding with respect to traffic concurrency can be made.
Water and Sewer: Water service can be provided to the site via connection to a 6" water
main located within the SW 10th Street right-of-way (north side of the property), a 2" water
main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8"
water main located within the Swinton Avenue right-of-way (east side of the property). It is
noted that the 2" water mains may need to be upgraded with the future development of the
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 3
property. Sewer service can be provided to the site via connection to a sanitary sewer main
located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure
adequate fire suppression, fire hydrants will need to be provided within the development.
However, it is noted that fire hydrants exist immediately to the northwest and northeast of
the property across SW 10th Street, to the northeast of the property across Swinton
Avenue, and to the southeast of the property across Reigle Avenue.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted level of service standard at the City's build-out population, based upon
the current FLUM. The proposed FLUM Amendment from LD to MD will increase the
demand on these public services; however adequate capacity exists to accommodate the
proposal. Thus, a positive finding with respect to this level of service standard can be
made.
D Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain only one significant environmental characteristic, a large
Banyan tree located at the northeast corner of the site. This Banyan tree plays an important
role in the character of the property and must be incorporated into the design of any future
development proposal for the site. While the proposed development of the property will
certainly provide additional housing, it is multiple-family vs. single-family and twice the
density of the surrounding single-family land uses to the north, south and west. To the east
is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including
office, automotive repair, and single-family dwellings. The automotive repair use is currently
nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for
neighborhood commercial uses. While the applicant cites the conditions to the east to
justify compatibility, these uses are over 270' away given the combined rights-of-way.
Given the above, the proposed use and intensity are not complementary to adjacent uses
and therefore constitute grounds to deny the proposed amendment. These concerns are
also discussed later with the compatibility analysis of the FLUM amendment.
Future Land Use Element Policv A-1.?: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 4
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The subject property is comprised of several adjoining parcels of land totaling approximatel~
8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10
Street and Swinton Avenue). The proposal associated with these properties would change
the FLUM designation from LD to MD.
The applicant has not provided any data or analysis as to a shift in demographic trends or
other circumstances that would support a change to the existing FLUM designation. No
changes have occurred immediately adjacent to this parcel which would alter the character
and/or FLUM designations of the surrounding area. In fact, the latest change that has
occurred was immediately to the north and resulted in the development of affordable single-
family homes. This change would support the retention of the existing Low Density land use
designation. The applicant has cited numerous Comprehensive Plan objectives and
policies; however none of these objectives or policies would be fulfilled by amending the
existing FLUM designation. Without any data or analysis in support of, or fulfillment of
Comprehensive Plan objective or policy, there is no demonstrated need for the requested
FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the
proposed FLUM amendment.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is J.enerallY defined as the area bounded by West Atlantic Avenue on the
north, SW 1 Street on the south, Interstate-95 on the west, and Swinton Avenue on
the east.
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization Map
contained in the Housing Element.
The Southwest Area Neighborhood Plan was adopted by the City Commission at its
meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and
stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is
divided into five sub-areas based upon current and proposed land uses. The sub-
areas serve to define potential boundaries for the phased implementation of the
various plan components. Future development in the area must be in accordance
with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is
identified as "infill area" consisting of relatively stable residential neighborhoods that are
experiencing some deterioration, but do not require substantial redevelopment to achieve
community livability goals.
The applicant indicates in their justification statement that "increasing residential density and
providing affordable and diverse housing for a variety of incomes is a primary goal" of the
Redevelopment Plan. The goal actually states "increasing residential density and providing
affordable housing for a variety of incomes." This theme of providing affordable housing is
noted throughout all sub-areas. The reference to increasing residential densities is aimed
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 5
at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development,
housing rehabilitation and code enforcement are recommended. The Redevelopment Plan
further states that creative financing and resource development will be required to deliver
the product envisioned by community stakeholders without pricing current residents out of
the rental and home ownership market. Sub-area #5 is not located within an area
specifically recommended for land use actions which would increase residential density, nor
is it the intent of this applicant to provide affordable housing on the subject property. The
City Commission is currently considering actions which will implement the portion of the
Redevelopment Plan (increasing residential densities) referenced by the applicant. These
actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable
housing envisioned in the plan. Based upon the above. the applicant's opinion that the
goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment
and associated rezoning is unfounded. Consequently, positive findings with regard to this
Comprehensive Plan policy can not be made.
HousinQ Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As discussed previously with the Concurrency analysis, the proposed new development will
increase traffic in the surrounding area; however this increase does not appear to be
substantial. The resulting increase in units will have little impact on the surrounding area
with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area
Neighborhood Redevelopment Plan notes that this development parcel is located in a
relatively stable neighborhood and "strongly recommends infill development and
rehabilitation of existing structures. This strategy should increase the availability of
affordable housing options." The introduction of incompatible multiple-family uses within this
area is unlikely to enhance stability. Further, if the resulting units were not affordable units,
the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the
above, positive findings with respect to this Comprehensive Plan policy can not be made.
HousinQ Element Policv 8-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need.
This policy is identified by the applicant in their justification statement indicating that '1he
development proposal provides the desired type of moderately priced housing near the
downtown area." This policy refers to housing in general; not necessarily housing that is
moderately priced. This policy also is directed at housing in and near the downtown area,
whereas the subject property is located ten (10) city blocks from the outer edge of the
downtown. As previously stated, infill housing consistent with the prevailing single-family
land uses is appropriate. Further, affordable housing is a priority. While housing is a result
of the proposal it is neither the appropriate type nor intensity.
ODen SDace and Recreation Element Policv A-2.7: The City shall development a
program to establish small parks in neighborhoods. The program would include
identification of vacant or surplus parcels, and strategies to assure that the
neighborhood determines the parameters of the park and is responsible for
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 6
construction and operating costs. Such strategies should rely heavily on existing
neighborhood associations as the originating, motivating and organizing forces.
This is another policy cited by the applicant in their justification statement. In this case the
applicant indicates that "as part of this development, a park and gathering spaces wíll be
provided." Based upon this Comprehensive Plan policy and the applicant's statement, the
conclusion that can be drawn is that a portion of the subject property is to be developed as
a neighborhood park. If this is not the case and a neighborhood park is not to be provided
with this development, it is highly doubtful that private amenities within the development will
be made available to those who live outside the development. In either case, this policy has
no possible bearing on the proposed FLUM amendment or rezoning.
o Compatibility -- The requested designation will be compatible with the existing and
future land uses ofthe surrounding area.
The subject properties are bordered by single-family residential neighborhoods on the north,
south and west sides all having the same land use designation as the current designation of
the subject property (LD). The properties to the east, which make up the Silver Terrace
neighborhood, have various land use designations including General Commercial (GC),
Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east,
these are located more the 270' away given the combined rights-of-way for Swinton
Avenue, the F.E.C. Railroad, and Old Dixie Highway.
Compatibility with the adjacent single-family residential neighborhoods is a significant
concern. The proposed FLUM designation in association with the proposed rezoning would
allow a density of ten (10) dwelling units per acre on the subject property, which would be
out of character and incompatible with the existing lower density residential neighborhoods
that surround this property. A positive finding with respect to Compatibility can not be made
and the proposal should be denied.
o Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the
City's Land Development Regulations. During the site plan review process the development
proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to
develop the properties as a multiple-family townhouse development, which is permitted'
under the requested RM-10 zoning district and compatible with the proposed MD FLUM
designation. At this time no issues have been identified which would prohibit compliance
with the requirements of the RM zoning district. Given the above, a positive finding with
respect to compliance with the Land Development Regulations can be assumed.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
CONSISTENCY: Compliance with the peñormance standards set forth in LOR Section
3.2.2, along with the required findings in LDR Section 2.4.5(0) (5), shall be the basis
--.-
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 7
upon which a finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
peñormance standard of LDR Section 3.2.2 is 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 following neighborhoods, their zoning designations, sizes and densities border the subject
properties:
Zoning Number of
Desiqnation Residential Lots Total Acreaqe Densitv
North Bellview Court R-I-A 26 4.84 5.37
Palm State Heights R-1-A 44 10.06 4.37
Noah's Corner R-1-A 11 3.14 3.50
South South ridge (Plat 1) R-1-A 94 16.11 5.83
East Silver Terrace SAD 70 12.4 5.64
West Sunset Park R-1-A 59 10.1 5.84
Average Density = 5.09
R-1-A - Sinole-Familv Residential I SAD = SDecial Activities District
The above table indicates that predominantly all of the surrounding single-family neighborhoods
have a density of approximately five (5) dwelling units per acre. It is further noted that the
majority of these neighborhoods are nonconforming with regard to minimum lot dimensions
and/or areas, which results in densities that would be slightly higher than permitted under the
present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton
Gardens), which is located at the northwest corner of Swinton Avenue and SW 10th Street
directly north of the subject property, has only recently been developed and conforms to all
minimum lot dimension and/or area requirements. The density of this single-family
neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries
and would be drastically less than the proposed multiple-family development. It is based upon
this analysis that the proposed rezoning would result in a land use that is incompatible with the
surrounding properties. Thus, positive findings with regard to LDR Section 3.2.2(D) can not be
made and furthermore positive findings with regard to overall consistency can not be made.
LDR Section 2.4.5(D) (5):
Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, 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; or
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 8
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site andlor neighborhood.
The following is an excerpt from the applicant's justification statement:
"Two of the three reasons are applicable to this rezoning request. First, item (b) is
applicable because there has been a change in circumstances which makes the current
zoning of CF inappropriate. Second, item (c) is applicable because the requested
zoning of RM-10 is more appropriate for the property based upon circumstances
particular to the site and neighborhood':
"The proposal to rezone the property to RM-10 is to allow redevelopment of the property
for multiple-family purposes. The highest and best use of the property is multiple-family
units rather than single-family homes. Given the location of the property and change of
circumstances such as the increases in the size of the Linton/Federal retail area, the
rezoning and development of other properties in the vicinity to multiple-family and the
continued escalation of single-family home prices in Palm Beach County, redevelopment
to single-family residences is problematic. To the east of the property are the railroad
tracks and across from the railroad tracks are some small business offices. Further
south is the Plaza at Delray shopping center. Further to the south of the proposed
development is the Tarmac Ready-Mix Plant which is neighbored by other
manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and
Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is
clearly visible from the site. Finally, further to the east of the property along SW 1cf'
Street, multiple-family housing (The Heritage Club) is in the process of being
constructed. Therefore, the development of multiple-family residences on the subject
properties is more logical as this type of residential use provides for a better transition
between commercial/industrial uses and single-family uses. Overall, a positive finding
can be made that the change of circumstances in the area makes the RM-10 zoning
district more appropriate than the current zoning".
According to the applicant, the basis for which the rezoning is being sought most closely relates
to reasons (b) and (c). However, as the current zoning of the properties is predominantly CF,
and the CF zoning designation is by definition compatible with all other zoning designations, no
change in circumstances is possible that would make the current zoning inappropriate. Even if
consideration was given to modify the designation given the change in ownership and
corresponding need for a change from a community facility to a residential use, a designation
consistent with the prevailing future land use designation of Low Density to the north, south and
west is clearly more appropriate. Accordingly, the only remaining justification for the proposed
rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low
Density land use designation, nor "more appropriate for the property based upon circumstances
particular to the site and/or neighborhood." As the subject properties are surrounded on three
sides by Low Density land use designations which contain single-family residential
neighborhoods, the proposal is clearly not more appropriate for the property. The most
appropriate zoning designation for the properties would be single-family residential (R-1-A), or
perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the
FLUM amendment, the resulting proposed development may have a destabilizing effect on the
surrounding neighborhood. Based upon the above, this request does not fulfill any of the
reasons identified under LDR Section 2.4.5(D) (5).
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 9
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Presidents Council
o Progressive Residents of Delray (P.R.O.D.)
o United Property Owner's Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
_lít~
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The proposed FlUM amendment from lD to MD and rezoning from CF and R-1-A to RM-10
are inconsistent with respect to the Comprehensive Plan and land Development Regulations
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to
Compatibility as the proposal will result in a multiple-family development with densities that are
double or triple that of the surrounding single-family neighborhoods. Positive findings can also
not be made with regard to Consistency with the Comprehensive Plan, specifically Future land
Use Element Policy A-1. 7, which requires that there be a demonstrated need for the requested
land use. No data or analysis has been provided that indicates a shift in demographic trends,
no changes have occurred with regard to character and/or FlUM designations of the
surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by
amending the existing FlUM designation. Furthermore, the subject property is located within
sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future land Use
Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill
development, housing rehabilitation and code enforcement are recommended. The
Redevelopment Plan further states that creative financing and resource development will be
required to deliver the product envisioned by community stakeholders without pricing current
residents out of the rental and home ownership market. Sub-area #5 is not located within an
area specifically recommended for land use actions which would increase residential density,
nor is it the intent of this applicant to provide affordable housing on the subject property.
Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed
FlUM amendment and associated rezoning and positive findings can not be made with respect
to Future land Use Element Policy C-1.7. Additionally, the introduction of incompatible
multiple-family uses within this area is unlikely to enhance stability and if the resulting units
were not affordable units, the proposal may destabilize the neighborhood via a gentrifying
effect; therefore positive findings can not be made with regard to Housing Element Policy A-
12.3. Based upon the above, the proposed Future land Use Map Amendment and associated
Rezoning application should be denied.
I-
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A. Continue with direction.
Planning and Zoning Board Staff Report
Cottages at Banyan Village - FLUM Amendment and Rezoning
Page 10
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a FlUM Amendment from lD to MD and Rezoning from CF and R-1-A to RM-10
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the land Development Regulations, subject to the following conditions:
D That a letter from the Palm Beach County School District is received stating that the
proposal complies with the adopted level of Service for School Concurrency; and
D That a letter from the Palm Beach County Traffic Division is received stating that the
proposal complies with the Palm Beach County Traffic Performance Standards
Ordinance.
C. Move a recommendation of denial to the City Commission for the privately sponsored
request for a FlUM Amendment from lD to MD and Rezoning from CF and R-1-A to RM-10
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan, specifically
Future land Use Element Objective A-1, Future land Use Element Policy A-1.7 and C-1.7,
and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the land Development Regulations.
. . ..... .::;;,,8.)" . ...:.. ~.'... . *'" . . . '" .m'"" . ..:.. ,,"'. , : ";~d;:¡¡m;m,, . , ., .
Move a recommendation of denial to the City Commission for the privately sponsored request
for a FlUM Amendment from lD to MD and Rezoning from CF and R-1-A to RM-10 for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, specifically Future land
Use Element Objective A-1, Future land Use Element Policy A-1.7 and C-1.7, and Housing
Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1
and 3.2.2 of the land Development Regulations.
Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map
Staff Report Prepared by: Robert G, Tefft. Senior Planner
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PROPOSED REZONING
CRY OF OElRAY BEACH. R.. FROM: R-t-A (SINGLE FAMILY RESIOENTIAL) ANO CF (COMMUNITY FACIUT1ES)
TO: RM-10 (MEDIUM DENSITY RESIDENTIAL. 10 UNITS PER ACRE)
PlANNtNG & ZOMNG DEPARTMENT
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PROPOSED FUTURE LAND USE MAP AMENDMENT
QTY OF DEl.AA.Y BEACH. R. FROM: LD (lOW DENSITY RESIDENTIAL 0-5 UNITS I ACRE)
PI..AHNINQ & ZONING DePARTMENT TO; MD (MEDIUM DENSITY RESIDENTIAL, 5-12 UNITS! ACRE)
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THE COTTAGES AT BANYAN VILLAGE
LEGAL DESCRIPTION
FOR FLUM AMENDMENT
The West 175 feet of the North 120.9 feet of the East half (E Y» of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1,
Page 4, less the North 40 feet thereof for right of-way of SW 10th Street and also less
the West 10 feet thereof.
Together With
The East 188.74 feet of the North Quarter (N Y< ) of the East half (E Y» of Lot 13,
Section 20, Township 46 South Range 43 East, according to the Plat thereof on file in
the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat
Book 1, Page 4, less the North 40 feet thereof for right-of-way of Southwest 10th Street
and also less the East 33 feet thereof for right-of-way of South Swinton Avenue.
Together With
The West 194.74 feet of the East 487.74 feet of the North half (N Y» of the Northeast
quarter (NE Y<) of Lot 13, Section 20, Township 46 South, Range 43 East according to
the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof.
Together With
The South half (S Y» of the North half (N Y» of the East half of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1,
Page 4, less the West 10 feet thereof and also less therefrom that portion conveyed to
the City of Delray Beach in Official Record Book 1659, Page 929 for right-of-way of
South Swinton Avenue.
Together With
The West 99 feet of the East 287.74 feet of the North quarter (N Y<) of the East half (E
Y» of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of
the South 85 feet thereof, according to the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and
also less the North 40 feet thereof for right-of-way of SW 10th Street.
Together With
The West 100 feet of the East 387.74 feet of the North 120.9 feet of the
East half of Lot 13, of the Subdivision of Section 20, Township 46 South,
Range 43 East in Palm Beach County, Florida, in Plat Book 1, Page 4,
Public Records of Palm Beach County, Florida, less the North 35 feet
thereof.
Together With
The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot
13, Section 20, Township 46 South, Range 43 East according to the Plat
thereof on file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 1, Page 4, less the North 35 feet
thereoftor right-of-way SW 10th Street.
Together With
Lots 1 through 23, inclusive, Plat No 3, South ridge Subdivision of the City
of Delray Beach, Florida, as per Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County Florida, recorded
in Plat Book 24, Page 24, as well as that parcel or quantity of land
abandoned by the City of Delray Beach, Florida, on March 7 1960, which
quantity of land comprises of the 50 foot right-of-way on SW 10th Court,
less that portion of the subject property included in the widened right-of-
way of South Swinton Avenue, as described by deed recorded in Official
Records Book 1659, Page 937, Public Records of Palm Beach County,
Florida.
Together With
The East 15 feet of the South 85 feet of the West 99 feet of the East
287.74 feet of the North quarter (N Yo) of the East half (E %) of Lot 13,
Section 20, Township 46 South, Range 43 East, according to the Plat
thereof on file in the Office of the Clerk of the Circuit Court an and for
Palm Beach County, Florida, in Plat Book 3, Page 4.
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1993 2001 CITY OF DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
~
~
Contents
-
Section Page
-
1 Introduction ........................................................................................................................1-1
1.1 Background ............................................................................................................. 1-1
-
1.2 Location... .......... ................................ ............. .................... ........ ........... ............ ...... 1-2
1.3 Purpose and Objectives.........................................................................................1-2
1.4 Statutory Background -...........................................................................................13
-
2 Existing Water Supplies....................................................................................................2-1
2.1 General Hydrogeology and Water Quality........................................................ 2-1
-
2.2 Water Supply Wellfields ....................................................................................... 2-1
2.2.1 Water Quality ............................................................................................2-5
2.3 Water Supply Permitting ...................................................................................... 2-8
-
2.3.1 Palm Beach County Health Department ............................................... 2-8
2.3.2 Palm Beach County Department of Environmental Resources
- Management .............................................................................................. 2-8
2.3.3 South Florida Water Management District ........................................... 2-8
2.4 Aquifer Storage and Recovery ........................................................................... 2-14
~
3 Water Demands .................................................................................................................. 3-1
3.1 Introduction......................... .......................... .......... ............. .......................... ........ 3-1
- 3.2 Historical Water Demands ................................................................................... 3-1
3.2.1 Past Population and Water Use .............................................................. 3-1
3.2.2 Per Capita Water Use ............................................................................... 3-4
- 3.3 Population and Water Use Projections ............................................................... 3-4
3.4 Capacity and Demand Comparison.................................................................... 3-4
- 4 Demand and Water Supply Management..................................................................... 4-1
4.1 W ater Usage............................................................................................................ 4-1
4.2 Conservation........................................................................................................... 4-2
- 4.2.1 Landscape Requirements ......................................................................... 4-3
4.2.2 Ultra-Low Volume Plumbing .................................................................4-3
4.2.3 Water Conservation Rate Structure........................................................ 4-3
- 4.2.4 Leak Detection Program .......................................................................... 4-4
4.2.5 Water Conservation and Public Education........................................... 4-5
4.3 Reuse of Reclaimed ..Wastewater........................................................................ 4-5
- 4.4 Aquifer Storage and Recovery ............................................................................. 4-6
r
,
r
WATER SUPPLY PLAN. DOC I
5/1212004
~
-
CONTENTS. CONTINUED
~
Section Page
- 5 Water Supply Enhancements........................................................................................... 5-1
5.1 Wellfield Rehabilitation ........................................................................................ 5-1
5.2 Expand Existing Wellfields .................................................................................. 5-1
- 5.3 Floridan Aquifer..................................................................................................... 5-2
5.3.1 Floridan Aquifer Blending....................................................................... 5-4
5.3.2 Floridan Aquifer with LPRO Treatment................................................ 5-5
- 5.4 Seawater Desalination ...........................................................................................5-5
5.5 Summary ................................................................................................................. 5-6
- 6 Alternatives Analysis ........................................................................................................ 6-1
6.1 Introduction....... ............. .......... ................... ....... ...... ..................... ........ ........ ......... 6-1
6.2 Demand Reduction................................................................................................ 6-1
~ 6.2.1 Conservation.............................................................................................. 6-1
6.2.2 Reclaimed Water Program....................................................................... 6-2
6.3 Water Supply ..Enhancement............................................................................... 6-2
- 6.3.1 Wellfield Rehabilitation ........................................................................... 6-4
6.3.2 Expansion of Morikami Park Wellfield ................................................. 6-6
6.3.3 Optimization of ASR Facility .................................................................. 6-6
- 6.3.4 Floridan Aquifer Blending....................................................................... 6-6
6.3.5 Floridan Aquifer with LPRO Treatment................................................ 6-6
6.4 Alternatives Workshop ......................................................................................... 6-6
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7 Recommended Implementation Plan............................................................................. 7-1
7.1 Introduction..... ...... .............. ...................... ......... ....... ......... ...... ................... ........... 7-1
- 7.2 Implementation Approach ................................................................................... 7-1
7.2.1 Demand-Reducing Alternatives .............................................................7-1
7.2.2 Water Use .Permitting.............................................................................. 7-1
- 7.2.3 Supply Enhancing Alternatives.............................................................. 7-2
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WATER SUPPLY PLAN,OOC "
5/1212004
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CONTENTS, CONTINUED
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Exhibit Page
1-1 City of DeIray Beach Location Map.................................................................................. 1-4
- 2-1 Generalized Hydrogeologic Cross Section of South Florida ........................................ 2-2
2-2 Water Supply Well Locations for the City of Delray Beach.......................................... 2-3
2-3 City of DeIray Beach Wellfield Capacities....................................................................... 2-4
- 2-4 City of DeIray Beach Typical Raw and Finished Water Quality .................................. 2-6
2-5 City of DeIray Beach Water Supply, Treatment, and
Distribution Schematic ............ ........ ..... ....... .................................................... ...... 2-7
- 2-6 Recently Tested Capacity With Permit Limitations ..................................................... 2-13
3-1 City of DeIray Beach Water Service Area ....................................................................... 3-2
3--2 Past Population and Water Use ........................................................................................ 3-3
- 3-3 Historical Monthly Raw and Finished Water Production
January 1998-September 2001........................................................................................... 3-5
3-4 City of DeIray Beach Historical Monthly Raw Water Withdrawals....................~....... 3-7
- 3-5 Projected Population in the City of DeIray Beach Water Service Area ....................... 3-8
3-6 Projected Population and Water Use for the DeIray Water Service Area................... 3-9
3-7 Maximum Day to Average Day Ratio for the City of DeIray Beach.......................... 3-10
- 3-8 Revised Historic Per Capita Demand and Water Service Area Population............. 3-11
3-9 Projected DeIray Beach Water Use vs. Wellfield Capacity Limitations
and Permitted Allocations ............................................................................................... 3-13
- 4-1 City of DeIray Beach Historical Demand by Use Category .......................................... 4-1
4-2 Distribution of Per Capita Water Use .............................................................................. 4-2
4-3 City of DeIray Conservation Rate Structure.................................................................... 4-4
~ 4-4 Water Shortage Surcharge Implementation....................................................................4-4
4-5 Estimated Water System Losses........................................................................................4-4
4-6 City of DeIray Beach Selected Reclaimed Water Users ................................................. 4-7
- 4-7 Proposed Phasing for DeIray Beach's Reclaimed Water Program............................... 4-8
4-8 Reclaimed Water Offset Area Summary.......................................................................... 4-9
4-9 Projected Delray Beach Water Use vs. Wellfield Capacity Limitations After Reclaimed
- W ater Replacement...........................................................................................................4-10
4-10 Historic and Projected Monthly Raw Water Withdrawals ......................................... 4-11
4-11 Volume of Water Available to Recharge or Required
~ to Recover from ASR Well...............................................................................................4-12
5-1 Generalized Hydrogeologic Cross Section of South Florida ........................................ 5-3
5-2 Estimated Blends from the Upper Floridan Aquifer ..................................................... 5-5
- 6-1 Demand-Reducing and Water-Supply-Enhancing Techniques and Approaches..... 6-1
6-2 Projected DeIray Beach Water Use with Reclaimed Water Offsets ............................. 6-3
6-3 Phased Implementation Plan for the City's Reclaimed Water Program..................... 6-4
- 6-4 Opinion of Probable Capital Cost for the City's Reclaimed Water Program............. 6-4
6-5 Estimated Annual Power Cost Savings from Well Rehabilitation............................... 6-5
6-6 Opinion of Probable Capital Cost for Rehabilitation of the City's Wellfields............ 6-5
- 7-1 Suggested Well Testing and Rehabilitation Program.................................................... 7-3
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WATER SUPPLY PLAN.DOC III
511212004
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Abbreviations and Acronyms
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AWWA American Water Works Association
- ASR Aquifer Storage and Recovery
BG billion gallons
~ bls below land surface
bpI below pad level
- CV color units
DBP Disinfection By-products
- DWS drinking water standards
EPA V.S Environmental Protection Agency
-
FAC Florida Administrative Code
FDEP Florida Department of Environmental Protection
- FKAA Florida Keys Aqueduct Authority
GAC granular activated carbon
- gpcd gallons per capita per day
gpd gallons per day
gpm gallons per minute
- gpm/ ft gpm per foot
HAAs haloacetic acids
- HPRO high-pressure reverse osmosis
ICR Information Collection Rule
-
LEC Lower East Coast
LPRO low-pressure reverse osmosis
- LWDD Lake Worth Drainage District
µ/L micrograms per liter
- MCL maximum contaminant level
MDWASD Miami-Dade Water and Sewer Department
MFL Minimum Flows and Levels
- mgd million gallons per day
MG million gallons
Mg/L milligrams per liter
-
O&M operations and maintenance
-
WATER SUPPLY PLAN.DOC IV
511212004
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ABSREVIATIONS AND ACRONYMS. CONTINUED
r
I PBCDERM Palm Beach County Department of Environmental Resources Management
PBCHD Palm Beach County Health Department
r PBCWUD Palm Beach Counties Water Utilities Department
¡ PCE perchloroethylene
psig pounds per square inch gauge
r PWS public water supply
RAI request for additional information
r RO reverse osmosis
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SCRWWTF South-Central Regional Wastewater Treatment Facility
r SFWMD South Florida Water Management District
\ SWIM salt water intrusion monitoring
r TDH total dynamic head
\ TDS total dissolved solids
THAAs total haloacetic acids
r THMs trihalomethanes
t TOC total organic carbon
TIHMs total trihalomethanes
r USGS U.S. Geological Survey
r VFD variable frequency drive
,
WRAC Water Resources Advisory Committee
r WTP water treatment plant
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I WUP water use permit
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WATER SUPPLY PIAN. DOC V
511212004
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· Improve water conservation measure. Additional water conservation measures have
been implemented throughout the City, including implementation of a conservation rate
- structure and a reclaimed water program.
. Because of the U.S. Environmental Protection Agencýs (EPA) authorization of the
- Disinfection By-products (DBP) Rule, the City has examined the need to supplement
the WTP's existing treatment processes to meet the rule standards for DBPs, such as
trihalomethanes (THMs) and haloacetic acids (HAAs). Since then, the City has
- examined a number of alternative water treatment process additions, including
membranes, ozone, and anion exchange. After completing a study to examine these
alternatives, the City decided to move forward with the design and permitting of an
- anion exchange process addition. Although not previously considered a desirable
option because of the relatively high cost of anion exchange treatment, the City
decided to consider ferric chloride as an addition to the water treatment process.
- Because the City has proceeded with addition of ferric chloride, color, THMs, and
HAA have all been consistently below their respective drinking water standards.
~ 1.2 Location
The City is located in southeastern Palm Beach County, with the City of Boca Raton to the
- south, the City of Boynton Beach to the north, the Town of Highland Beach and Gulfstream
on the barrier island to the east, and unincorporated Palm Beach County to the west. The
City's water and sewer utility area encompasses most of the City and is shown on
- Exhibitl-1.
- 1.3 Purpose and Objectives
The purpose of this document is to update the previous Water Supply Master Plan (1991)
with recent information and provide recommendations for meeting future water supply
- demands through the year 2025. Specific tasks include:
· Inventory the City's existing water supplies and constraints
~ Update projected water supply demands based on the latest population projections
·
· Evaluate the ability of the City's existing water supply to meet the projected demands
-
· Examine and evaluate demand management techniques that could extend the City's
existing supplies to meet the projected demands
,..... Examine and evaluate alternative water supply sources as an addition to the City's
·
existing water supply to meet future demands
- · Develop alternative approaches for meeting future demands and opinion of probable
costs
~ · Evaluate the alternative approaches and make recommendations
· Develop an implementation plan for the selected alternative approach
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WATER SUPPLY PLAN.DOC 1-2
511212004
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1.4 Statutory Background
- With the 2002 Legislature's action to expand the local government comprehensive plan
requirements to strengthen coordination of local comprehensive land use planning and
water supply planning, a series of new requirements have been established pursuant to
- Chapter 163, Florida Statutes. These requirements include:
· Coordination of appropriate aspects of the comprehensive plan with the Regional
- Water Supply Plan adopted by the respective water management district.
·
· Revise the Potable Water Sub-Element to consider the provisions of the Regional Water
- Supply Plan.
· Prepare a Water Facilities Work Plan for at least a 10-year planning period addressing
- water supply facilities necessary to serve existing and new development and include the
Work Plan within the Potable Water Sub-Element.
-
· Revise the Conservation Element to assess projected water needs and sources for at least
a 10-year planning period based upon the provisions of the adopted Regional Water
- Supply Plan.
· Revise the Tntergovernmental Coordination Element to ensure coordination of the
- Comprehensive Plan with the approved Regional Water Supply Plan.
· At the time of the required Evaluation and Appraisal Report, prepare an assessment of
- the Regional Water Supply Plan.
· Include any amendments needed to address and incorporate the Water Facilities Work
- Plan during the adoption of any Evaluation and Appraisal Report-based amendments.
In the event that a Water Management District has not approved a Regional Water Supply
- Plan, a local government must still prepare each of the identified analyses and necessary
amendments based upon the applicable water management district plan. Even those local
governments who do not own or directly have responsibility for water supply facilities must
- coordinate with each water supplier to ensure that they Can provide sufficient water to meet
projected growth demands and eliminate any deficiencies.
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WATER SUPPLY PLAN. DOC 1·3
511212004
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City of Delray Beach Location Map
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SECTION 2
- Existing Water Supplies
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2.1 General Hydrogeology and Water Quality
- There are two major aquifer systems in Palm Beach County (County): the Surficial and the
Floridan Aquifer systems. The Surficial Aquifer System is comprised of all the shallow
sediments found from the water table to a series of low permeability deposits, collectively
- known as the intermediate confining unit. The low permeability, intermediate confining
unit in Palm Beach County is essentially the Hawthorn Group, which separates the Surficial
Aquifer System from the deeper artesian Floridan Aquifer System. The Surficial Aquifer
- System occurs at or near the land surface in most of the County, and is the principal source
of drinking water in the region and for the City. This aquifer system consists of sandstone
and cavity-riddled limestones, and increases in thickness from 30 feet or less in the western
- portion of the County to 80 feet or more in the eastern portion.
All of the City's water supply wells are constructed into the Surficial Aquifer System. The
- water yield ranges from 500 gallons per minute (gpm) to more than 1,000 gpm per well. The
aquifer is recharged locally by rainwater that percolates downward from the surface as well
as by the system of canals that extend toward the coast from Lake Okeechobee (Klein and
- Hull, 1978). Exhibit 2-1 depicts a generalized hydrogeologic cross section across South
Florida.
- 2.2 Water Supply Wellfields
,
The City currently withdraws groundwater from the Surficial Aquifer for subsequent
- treatment and distribution to its residents. The City withdraws the water through four well-
fields:
· Eastern Wellfield (Formerly North and South Wellfields)
~
· 20-Series We11field
· Golf Course We11field
· Morikami Park We11field
,-
Exhibit 2-2 shows the locations of each we11field while Exhibit 2-3 illustrates the capacity of
each wellfield. The Eastern Wellfield contains 11 active production wells extending from
,- Northeast 7th Street south to Southwest 10th Street, parallel to Dixie Highway and Swinton
Avenue. The 20-Series We11field contains six production wells, and is just east of 1-95, north
- and south of 10th Street. The Golf Course We11field is approximately one-half mile west of
the 20-Series Wellfield between Atlantic Avenue and 10th Street, and contains nine
production wells. Morikami Park Wellfield is located within the County's park located on
,- the west side of Jog Road, just south of Linton Boulevard.
,...
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exhibit 2-3
City of Delray Beach Wellfield Capacities
Originally
- Rated Capacity Firm Capacity
Well No. I gpm I mgd I gpm I mgd
Eastern-North ( 1-8)
1 ABANDONED
- 2 790 1.14 - -
3 Out of Service 1
4A 700 1.01 700 1.01
5 500 0.72 500 0.72
- 6 700 1.01 700 1.01
7 ABANDONED
8 650 0.94 650 0.94
- Eastern-South (9-17)
9 470 0.68 470 0.68
10 CHLORIDE MJNITOR WELL
11 CHLORIDE MJNITOR WELL
- 12 400 0.58 400 0.58
13 ABANDONED
14 580 0.84 580 0.84
15 560 0.81 560 0.81
- 16 690 0.99 690 0.99
17 690 0.99 690 0.99
Subtotal Eastern 6,730 9.71 5,940 8.57
20-Serles
- 21 800 1.15 800 1.15
22 800 1.15 800 1.15
23 1,000 1.44 1,000 1.44
24 1,000 1.44 1,000 1.44
-
25 1,000 1.44 1,000 1.44
26 1,000 1.44 - -
Subtotal 20-Serlss 5,600 8.06 4,600 6.62
- Golf Course
27 700 1.01 700 1.01
28 1,000 1.44 - -
29 1,000 1.44 1,000 1.44
,- 30 700 1.01 700 1.01
31 900 1.30 900 1.30
32 500 0.72 500 0.72
34 700 1.01 700 1.01
,- 35 800 1.15 800 1.15
36 1,000 1.44 1,000 1.44
Subtotal Golf Course 7,300 10.52 6,300 9.08
Moñkami Park
- 38 1,000 1.44
- --
39 - - - --
40 1,000 1.44 1.000 1.44
,- 41 1.000 1.44 1.000 1.44
42 Proposed
43 Proposed
45 Proposed
,- 46 Proposed
47 Proposed
Subtotal Morlkaml 3,000 4.32 2,000 2.88
Total 22,630 32.61 18,840 27.15
-
GPM = gallons per rrinute
mgd = million gallons per day
'Well PW-3 scheduled to abandoned in the near óture.
,-
Exhibits_DFB31003696391.xlslO33430019 1 of 1
,-
-
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2.2.1 Water Quality
- Water quality in the City's water supply is typical of most South Florida communities.
Generally the water quality is hard with high iron concentrations. In addition, the water has
relatively high natural organic matter as indicated by high color and total organic carbon
- (TOC) concentrations, particularly in the western-most we1Ifield (i.e., Morikami Park)
Exhibit 2-4 depicts the typical raw water quality measured in the City's water supply wells.
The City's current water treatment includes aeration and pre-chlorination to reduce the
- color, softening, additional chemical treatment (i.e., carbon dioxide, post chlorination,
-
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WATER SUPPLY PLAN.DOC 2·5
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r ammortia, phosphate, fluoride, and filtration). Water leaving the WTP meets all drinking
- water standards. However, color is generally close to the secondary drinking water
standard of 15 color units (CD), which for most people is aesthetically undesirable.
Exhibit 2-5 depicts a generalized schematic of the City's water supply, treatment, and
r- distribution system.
¡
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r Water SUDDlv Water Treatment Oistribution/Storaae
Eastern Wellfield (Lime Softening / Filúation)
(North and South)
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20-Series Wellfield (North Side)
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Golf Course Wellfield
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r EXHIBIT 2·5
City of Delray Beach - Water Supply, Treatment, and Distribution Schematic
r The TOC contains DBP precursors that combine with free chlorine used for oxidation/
disinfection and form DBPs, including THMs and HAAs. Currently, the City's treatment
,- process results in total THM (TTHM) levels between 25 and 90 micrograms per liter (µg/L).
Stage 1 D/DBP (disinfectant/disinfection by-product) regulations set a MCL of 80 and
60 µg/L for TTHMs and THAAs, respectively. It is anticipated that Stage 2 D/DBP
r- regulations, expected to be in effect by 2005, will have the same MCLs for TTHMs and
THAAs but will require intensified mortitoring in the distribution system. The City's current
treatment has not always complied with the current Stage 1 and anticipated Stage 2 D/DBP
,- regulations. Exhibit 2-4 also depicts the typical water quality measured in the City's finished
¡ water.
Because the lime softening process has limited organic (color and TOC) removal capability,
r- the City has implemented the addition of ferric chloride to the treatment processes that has
¡
t reduced color below 15 CD, and has shown promise in meeting the Stage 1 and Stage 2
D /DBP regulations. However, if additional wells from Morikami Park are required, the City
,- may have to consider other alternative treatment.
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511212004
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2.5 Water Supply Permitting
- The City's water supply wellfields are regulated by the Palm Beach County Health
Deparhnent (PBCHD), PBCDERM, and SFWMD.
- 2.5.1 Palm Beach County Health Department
PBCHD regulates water supply wells generally as part of the FDEP Public Drinking Water
- Facility Construction Permit (Chapter 62-555, Florida Administrative Code [FAC]).
All of the City's water supply wells and the ASR well have been permitted by the PBCHD.
- Any repair or maintenance performed on the wells where they are taken out of service for
any length of time must be followed by proper disinfection and bacteriological clearance
before being placed back in service. Any major modifications to the wells require a
- modification to the existing permits.
2.5.2 Palm Beach County Department of Environmental Resources Management
- PBCDERM regulates the City's water supply wellfields through the County's wellfield
protection ordinance. The ordinance prohibits the storage or use of potentially hazardous
materials (regulated substances) within certain distances from the individual water supply
- wells. These distances are identified as protection zones and are established based on
estimated travel times determined from groundwater modeling conducted by PBCERM.
There are essentially four zones of protection based on travel time:
-
· Zone 1-the land situated between an individual well and the 3D-day travel time contour;
this is essentially a prohibition zone of any regulated substances.
- · Zone 2-the land situated between the 3D-day and the 200-day travel time contours; some
substances are permitted but must be properly contained and monitored.
- · Zone 3-the land situated between the 2oo-day and the 50D-day travel time contours;
some substances are permitted but must be properly contained and less restrictive
monitoring.
~
· Zone 4-the land situated between the 500-day travel time contour and the 1-foot
drawdown contour; same as above.
-
2.5.3 South Florida Water Management District
SFWMD regulates the City's water supply wells through both its well construction and
- water use requirements. In accordance with Chapter 40E-3, SFWMD is authorized by the
State to regulate construction standards for water wells and requires all well drillers to
obtain a well construction permit prior to drilling a well. Well construction permits have
- been obtained for all of the City's 20-Series, Golf Course, and Morikami Park Wellfields. No
permits were required for the Eastern Wellfield as their construction occurred prior to the
SFWMD regulations.
-
In addition, SFWMD also regulates the use of water through its Water Use regulations
(Chapter 40E-2). For all water uses greater than 100,000 gallons per day (gpd), an individual
- WUP is required.
WATER SUPPLY PLAN.DOC 2-8
811212004
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~
2.5.3.1 Water Use Permitting History
The City was re-issued their WUP on December 10, 1987, with an annual allocation of
- 5.61 billion gallons (BG) (15.37 mgd), for a period of 10 years, with a maximum day
allocation of 23.06 mgd. The operational schedule was modified to reflect that the 20-Series
WelIfield would operate continuously as the City's primary supply, followed by the North
- WelIfield. The South We11field would be operated as "last-on, first off." In 1988, the City
experienced contamination within the 20-Series Wellfield, so withdrawals temporarily
- shifted to the North and South We11fields. SFWMD requested increased monitoring
frequency of the SWIM network and encouraged expediency in development and construc-
tion of the Golf Course Wellfield. As a result of the shifting of withdrawals, chloride concen-
- trations in the South Wellfield saline water monitoring network increased to a point where
SFWMD restricted the withdrawals from the South We11field to 3.0 mgd.
Between 1990 and 1991, the City requested a modification to their WUP to revise limiting
- condition #22, to read "Existing production wells 10 and 11 shall be removed from service
and used as chloride monitor wells. Existing production wells 14 and 15 shall only be used
as standby wells." This modification was requested to ensure that additional capacity be
- available for emergency use from the Eastern WelIfield. When the WUP was issued on
April 11, 1991, this provision was included, but the Eastern We11field was now limited to a
total withdrawal allocation of 5.8 mgd to 4.7 mgd from the northern wells, and 1.1 mgd
- from the southern wells. The annual and maximum day allocations remained the same.
On January 14, 1993, the City was reissued a new WUP to reflect the addition of two new
- wells in the Golf Course WelIfield and also a reduction in the annual allocation to 5.45 BG
(14.93 mgd), and the maximum day allocation to 22.39 mgd to reflect changes in projected
water use demand estimates provided by the City.
~ In 1993, the City proposed development and construction of 11 new water supply wells in
the County's Morikami Park and requested a modification to the WUP. No increase in
- allocation was requested. On June 9, 1994, the City was reissued their WUP with the same
annual and maximum day allocations. One of the key limited conditions pointed out that
one of the proposed wells affected a neighboring property owner's operation because of a
- wellfield protection issue. Construction could not begin until an agreement between the two
parties had been terminated or amended. It is CH2M HILL's understanding that this agree-
ment has not been terminated or amended.
- SFWMD sent a letter to the City on April 18, 1997, advising that the WUP was scheduled to
expire on December 10, 1997, and that the City should plan for renewal. On December 8,
1997, the City submitted an application to renew the WUP, requesting an increase in the
- annual allocation to 5.9 BG (16.2 mgd) through the year 2007, and reducing maximum day
allocation to 21.45 mgd. During the review process, SFWMD noted that the City's per capita
use had climbed to more than 200 gpd in 1996 and 1997. As a result, additional
- documentation was required to justify the increased per capita use. After much research, it
was determined that increase in per capita use was a result of the downtown redevelopment
and increase in new home construction, particularly for affluent homeowners located in the
- beach area. Finally, after much discussion, SFWMD approved renewal of the City's WUP on
January 14, 1999. The permitted allocations are 5.81 BG annually (15.92 mgd) and 21.08 mgd
on a maximum day basis.
~
WATER SUPPLY PLAN. DOC 2-9
511212004
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2.5.3.2 Summary of Limiting Conditions
Besides the water use allocations and expiration date, the following describes some of the
- more important limiting conditions.
Condition No. 15 - Prior to July 14, 1999, the City is required to gather results of calibration
- testing on the flowmeters from each of the water supply wells and submit to:
South Florida Water Management District
- Supervising Professional- P.P.c., Water Use Division (4040)
P.O. Box 24680, West Palm Beach, FL 3346-4680
- Condition No. 17 - Monthly withdrawals from each of the City's wells are required to be
submitted to the SFWMD on a quarterly basis (to the address above), along with maximum
daily withdrawals from the entire system. The method of flow measurement and means of
- calibration is also to be provided.
Condition No. 18 - Every 2 years from the date of permit issuance Ganuary 14, 1999), results
of re-calibration of flowmeters are required to be submitted to the SFWMD.
-
Condition No. 19 - Every year, the City is required to submit to the SFWMD a report of the
monthly "unaccounted for" distribution system losses.
- Condition No. 22 - The City must notify SFWMD of any change in Service Area within
30 days of the change in the boundary.
- Condition No. 23 - Every month, the City is required to measure chloride concentrations in
each of its water supply wells and submit the data to the SFWMD within a month of the
data collection.
-
Condition No. 24 - Prior to January 14, 2001, the City is required to provide a study
evaluating its emergency water supply preparedness. The study should include an analysis
- of demand management measures, potential pumpage shifting, and the feasibility for
emergency interconnects.
Condition No. 31 - The combined withdrawals from the 20-Series and Golf Course
- Wellfield cannot exceed 17.26 mgd. The withdrawals from the Eastern Wellfields cannot
exceed 5.8 mgd, with further restrictions on the northeastern (1-8) and southeastern (9-17)
- wellfields of 4.7 mgd and 1.1 mgd, respectively.
Condition No. 32 - Former water supply wells 10 and 11 are to continue to be used as
chloride monitoring wells. Wells 14 and 15 are to remain on standby only.
- Condition No. 33 - The City is required to continue with its SWIM program and report the
results to the SFWMD monthly.
- Condition No. 34 - Future proposed well 37 in Morikami Park cannot be constructed until
the agreement between the City and Mr. and Mrs. Gene Monnier, dated April 18, 1994, has
been terminated or amended by both parties. The City may want to explore this issue
- further because it is CH2M HILL's understanding that the Monniers are in the process of
selling or have sold the property for development.
-
WATER SUPPLY PLAN.DOC 2·10
511212004
-
-
-
Condition No. 35 - Monthly operating reports from the ASR well are required to be
submitted to the SFWMD. The same operating report form is required for submittal
- monthly to FDEP.
Condition No. 36 - Within 6 months of Cycle 6 of the proposed ASR cycle testing program,
the City is required to submit to the SFWMD results of the testing and a proposed operation
- schedule and justification of any additional requested allocation.
Based on discussions with the City, it appears that the City has or is complying with these
- conditions.
2.5.3.3 Effect on Wellfield Capacities
- Earlier in this section, it was apparent that the overall wellfield capacities had not declined
much, however their firm capacities had by as much as 11 percent. In addition, the limiting
conditions of the City's WUP further limits the withdrawal from the City's Eastern,
- 20-Series, and Golf Course Wellfields. These withdrawal limitations further reduce the
available capacity from the City's wellfields, both total and firm, as shown in Exhibit 2-6. As
a result of the permit limitations, the total effective total capacity has been reduced by
- 17 percent to 26.32 mgd, while the firm capacity has been further reduced by an additional
7 percent (18 percent from the original capacity) to 22.65 mgd.
- 2.5.3.4 Current Status
In July 2003, the City submitted a renewal application to SFWMD requesting:
· Additional water use allocation,
-
· Increased combined capacity of the 20-Series and Golf Course Wellfields,
- · Renewal for 10 years, and
· Implementation of a reclaimed water system to reduce demands on both the Surficial
- Aquifer (groundwater irrigation withdrawals) and on the potable water system (potable
irrigation demands).
Since the application was submitted, SFWMD has made a request for additional information
- (RAI) in a letter dated August 8, 2003. The request addresses:
· Per capita use rates,
-
· Impacts resulting from a "maximum-month" pumping scenario,
· Consistency with the Everglades Minimum Flows and Levels (MFL) criteria (40E-8
- FAC),
· Proposed operation of the City's ASR well, and
- Justification for the request for a 10-year permit.
·
After the letter was received, the City and CH2M HILL have met with the SFWMD and
- have agreed that a portion of the response may be impacted by some sensitivity modeling
currently being conducted by SFWMD as part of the Lower East Coast Regional Water
Supply Plan (Plan). This modeling would impact whether the City's projected groundwater
-
WATER SUPPLY PLAN. DOC 2·"
511212004
r-
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withdrawals would "indirectlý' impact the Loxahatchee Wildlife Refuge (consistency with
the Everglades MFL criteria) located in western Palm Beach County. This "indirect" impact
- is generally caused by the seepage of surface water from the Lake Worth Drainage District
(LWDD) canals into the surrounding groundwater caused by the City's wellfields during
the typical dry season (December through April). The sensitivity analysis is designed to
- determine whether additional withdrawals above those projected in the Plan would cause
adverse impacts to the Everglades MFLs, or whether there was some higher withdrawals
rate that would not cause those impacts.
-
r-
,.....
,.....
,.....
,.....
.-
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.-
.-
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.-
.-
WATER SUPPLY PLAN.DOC 2-12
5/12/2004
-
-
Exhibit 2-8
- Historic and Recent Wellfield Specific Capacities
Flow Rats Measured Specific
Drawdown Capacity
Well No. Year gpm feet gpmlfoot
- Eastsrn Wellfield
PW-2 NA 790 NA NA
1990 790 2.0 395
2001 700 2.0 350
- 2002 306 5.9 52
PW-3 1972 580 7.6 76
1990 580 12.0 46
- 1991 352 47.0 7
1993 625 55.0 15
2002 NA NA NA
PW-4A 1993 736 22.1 33
- 2001 500 11.0 45
2002 640 14.6 43
PW-5 1972 500 11.1 45
1990 500 11.0 45
- 1991 852 37.0 23
1993 850 25.7 33
2001 800 6.0 100
- 2002 375 11.6 32
PW-6 1971 700 6.0 117
1990 700 6.0 117
1993 1,000 12.8 78
- 2002 375 11.6 32
PW-6 NA 650 NA NA
1990 800 15.0 53
1993 725 31.5 23
- 2001 100 15.0 7
2002 600 43.1 14
PW-9 1972 470 3.8 125
1990 470 8.0 59
- 1991 640 31.0 27
1993 650 26.3 25
2002 1.125 9.6 117
- PW-12 NA 399 NA NA
1990 400 1.0 400
2001 800 1.0 800
2002 700 3.9 180
- PW-14 NA 580 NA NA
1990 490 2.5 196
2001 300 2.5 120
2002 204 1.5 134
- PW-15 NA 560 NA NA
1990 560 6.0 93
2001 100 6.0 17
- 2002 204 17.3 12
PW-16 1970 690 15.0 46
1990 690 15.0 46
1991 562 27.0 21
- 2001 800 15.0 40
2002 750 28.8 26
-
-
-
Exhibits_DFB31003696391.x IsI033430019 1of3
-
Exhibit 2·6
- Historic and Recent Wellfield Specific Capacities
Flow Rats Measured Specific
Drawdown Capacity
WeilNo. Year gpm feet gpmlfoot
- PW-17 1970 690 16.8 41
1990 690 17.1 40
2001 700 17.1 41
2002 450 26.4 17
- 20-Señes Woilfield
PW-21 1978 800 5.3 150
1990 800 56.0 14
1991 800 72.0 11
- 1993 950 21.3 45
2001 800 54.0 15
2002 610 75.3 8
- PW-22 1977 800 5.3 150
1990 800 9.0 89
1991 1,080 8.2 132
2001 1,080 9 120
- 2002 800 12.7 47
PW-23 1977 1.000 7.1 140
1990 1.000 4.0 250
1991 1,035 62.6 17
- 2001 1,035 4.0 259
2002 1,370 37.7 36
PW-24 1977 1,000 6.7 150
- 1990 1.000 7.0 143
1991 1,090 7.3 149
1999 1.020 20.3 50
2001 1.090 7.0 156
- 2002 650 66.7 10
PW-25 1982 1.000 6.7 150
1991 700 72.7 10
1993 900 33.7 27
- 1999 1,100 23.5 47
2001 700 10.5 67
2002 375 83.4 4
PW-26 1982 1,000 6.7 150
-
1990 1,000 55.0 18
1991 800 78.0 10
1993 825 45.6 18
- 2002 NA NA NA
Golf Course Woilfleld
PW-27 1977 NA NA NA
1991 845 22.9 37
- 2001 900 22.8 39
2002 720 NA NA
PW-28 1984 NA NA NA
1991 985 23.3 42
- 1999 1,300 26 50
2001 1.300 28 46
2002 1.293 28.1 46
-
-
-
,-
Exhiblts_DFB31003696391.x IsJ033430019 2of3
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-
Exhibit 2·6
- Historic and Recent Welifield Specific Capacities
Flow Rate Measured Specific
Drawdown Capacity
WeliNo. Year gpm feet gpmlfoot
- PW-29 1984 NA NA NA
1991 983 22.5 44
2001 1,350 14.6 92
2002 1.400 43.5 32
- PW-30 1984 NA NA NA
1991 683 9.3 73
2002 593 11.7 51
- PW-31 1984 NA NA NA
2002 1.219 36.7 33
PW-32 1984 NA NA NA
1991 592 30.9 19
- 2002 551 41.7 13
PW-34 1982 NA NA NA
1991 675 40.0 17
2002 650 49.8 13
- PW-35 1994 800
2002 1,350 36.8 37
PW·36 1994 1,000
2002 1.300 3.4 379
- Morikaml Park Wlllfleld
PW-38 1996 1,000
2002 1,100 5.2 212
- PW-40 1996 1,000
2002 825 14.4 57
PW-41 1996 1,000
2002 1.300 8.9 188
.- Notes:
NA = Not applicable or not available
gpm = gallons per minute
-
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,-
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Exhlblts_DFB31003696391.x IsI033430019 3of3
-
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2.6 Aquifer Storage and Recovery
- The City's North Storage Reservoir ASR facility construction was completed in 2000. The
ASR system was constructed to store finished water from the City's WTP during periods
when excess water is available, and to recover the stored water when needed during peak
- demand periods. The ASR facility provides the City with a powerful water management
tool capable of storing millions of gallons of finished water for recovery to supplement
flows from the WTP.
-
Under normal operating conditions, treated water is to be recharged into the ASR well
during non-peak demand periods. The stored water is then recovered, disinfected, and
- pumped to the North Storage Reservoir, which is located at the ASR well site. Recovery of
water will take place during peak demand periods and periods when the reservoir water
level is low.
-
-
-
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-
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-
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WATER SUPPLY PLAN. DOC 2-14
511212004
-
-
- SECTION 3
Water Demands
-
~ 3.1 Introduction
- This section discusses the historical and projected demands for public water supplies in the
water service area, which includes all of the City and the Town of GuIfstream. The City has
an agreement to provide the Town of Highland Beach as much 2.0 mgd, based on its
- demand. The Town, however, is in the process of constructing as a new water supply source
and a low-pressure reverse osmosis (LPRO) WTP, and thus once this facility is fully
operational, the City will no longer need to provide this water. Many residents and
- businesses receive potable water from the City while relying on private wells for irrigation.
There are no other potable water suppliers in the City's service area, as depicted in
Exhibit 3-l.
- A description of the effect of the City's system on these projected water demands is included
in this section and compares projected demands with the capacity of the existing public
water supply system to meet projected needs. The historical and projected water demands
- presented herein are for the City's water supply system and do not include water demands
supplied by private wells or by other private water supply systems.
- 3.2 Historical Water Demands
- 3.2.1 Past Population and Water Use
The past population is depicted in Exhibit 3-2 and reveals Delray Beach's permanent popu-
lation estimates provided by the City Planning Department and from past WUP applica-
- tions.In April 2003, Palm Beach County provided to the City revisions to the estimated 2000
permanent population. In addition to the permanent population, the County has added a
seasonal population of 10 percent, which is consistent with the City's Planning Department
- estimates and the City's previously approved Comprehensive Plan. Because the seasonal
population usually occurs only approximately half of the year (November through April),
-. the 10 percent factor was applied to the permanent population over the entire year by
adding a factor of 5 percent. The seasonally adjusted population projections are also shown
in Exhibit 3-2.
- In addition to the City's permanent and seasonal population, the Town of Gulfstream is
served by the City's water system and makes up approximately 3 percent of the City's water
service area demand. Because the Town's water use is such a minor portion of the City's
- entire water service area, the rate of growth depicted in the County's population projections
was applied to the town's population and included in the total water service area
population depicted in Exhibit 3-2.
-
Raw water use is metered before it enters the City's WTP. Total annual, average daily, and
maximum daily water use is also shown in Exhibit 3-2. Maximum day to average day ratio
-
WATER SUPPLY PLAN. DOC 3-1
511212004
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has ranged from 1.22 to 1.47. The higher value occurred at the end of the drought in the
early 1990s, and the lower value occurred during the SFWMD imposed water restrictions in
- 2001.
During the latter half of 2000, the City began testing its ASR facility using treated water to
recharge the well and required increasing withdrawals from the wellfields to accommodate
- this additional need. Because the City was still in the testing phase, water recovered from
the ASR well was sent back to the head of the WTP for additional treatment and redistribu-
tion. Therefore, water use for ASR purposes needs to be deducted from the total water use
- amount to provide a more accurate basis for calculating per capita demands. Exhibits 3-3
and 3-4 also depict the volume of water used as part of the ASR testing. As of September
- 2001, the City has recharged approximately 413 mg and successfully recovered 247 mg.
3.2.2 Per Capita Water Use
- Raw water per capita water use rates range from 221 gpd in 1995 to 273 gpd in 2000 during
the height of the recent drought (Exhibit 3-2). The average per capita use during this 13-year
period of record is 240 gpd. There has been no clear trend of change in the per capita use,
- thus it is reasonable to expect that this average per capita value will continue into the future
and this will be used for subsequent projections.
- 3.3 Population and Water Use Projections
Exhibit 3-5 depicts recent population projections for both the City and the Town of
- GuIfstream through the year 2025. These projections were developed by the Palm Beach
County Planning Department and reveal an armual rate of growth of between 1.1 percent
and 1.6 percent per year from 2000 through 2010. After 2010, the growth rate is projected to
- decline to a rate less than 0.5 percent per year.
By applying the per capita demand estimate of 240 gpcd to the projected water service area
- population projections, projected average daily water use demands were calculated and are
depicted on Exhibit 3-6. The City's maximum day to average day demand ratio has varied
throughout the years, but has been on long-term decline as shown in Exhibit 3-7. Annual
- water use projections are also shown. In accordance with the SFWMD's Basis of Review for
Water Use Permits, the maximum day to average day ratio of water use can be based on
average of last 3 years. Based on this approach, a ratio of 1.27 was used and applied to the
- average daily water use projections and is also shown in Exhibit 3-6, and graphically
displayed in Exhibit 3-8.
~ 3.4 Capacity and Demand Comparison
After testing the City's water supply wells and factoring in the current water use permit
- welIfield withdrawal limitations, it appears that the City's current total welIfield capacity is
approximately 26.32 mgd, with a firm capacity of 22.65 mgd.
-
.
-
WATER SUPPLY PLAN.DOC 34
5112/2004
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Exhibit 3-5
- Projected Population in the City of Delray Beach Water Service Area
Population
Delray Baach
- Delray Beach Permansnt Seasonally Adjusted Gulfstream
Year Population 1 Population' Population WSA Population
2003 62,079 65,183 2,185 67,368
2004 62,765 65,903 2,209 68,112
- 2005 63,451 66,624 2,233 66,857
2006 64,456 67,679 2,269 69,948
2007 65,461 68,734 2,304 71,038
- 2008 66,466 69,789 2,340 72,129
2009 67,471 70,845 2,375 73,220
2010 68,476 71,900 2,410 74,310
2011 68,764 72 ,202 2,420 74,622
~ 2012 69,052 72 ,504 2,431 74,935
2013 69,339 72,806 2,441 75,247
2014 69,627 73,109 2,451 75,559
~ 2015 69,915 73,411 2,461 75,872
2016 70,182 73,691 2,470 76,162
2017 70,449 73,972 2,480 76,452
2018 70,717 74,252 2,489 76,742
~ 2019 70,984 74,533 2,499 77,032
2020 71,251 74,614 2,508 77,322
2021 71,523 75,099 2,518 77,617
- 2022 71.795 75.385 2,527 77,912
2023 72,067 75,670 2,537 78,207
2024 72,339 75,956 2,546 78,502
2025 72,611 76,242 2,556 78,797
-
Notes:
'Based on information provided by Delray Beach Planning Department and past water use permits.
'Permanent population adjusted by a factor of 5 percent to account for seasonal population increase.
- WSA=water service area
The balded years (2005, 2010, 2015, and 2020) are directly reported from the Palm Beach County
Planning Department.
- All other values are interpolated between the County's values.
,-
,-
-
~
- Exhibits_DFB31003696391.xlsJ033430019
-
.-
Exhibit 3-6
Projected Population and Water Use for the Delray Water Service Area
-
Water Service Per Capita Total Annual Average Day Ratio Max. Day I Maximum Day
Year Area Population Usage Use (MG) Use (MGD) Average Day Use Use (MGD)
2003 67.368 240 5,901 16.17 1.27 20.53
-
2004 68,112 240 5,967 16.35 1.27 20.76
2005 68,857 240 6,032 16.53 1.27 20.99
.- 2006 69,948 240 6,127 16.79 1.27 21.32
2007 71.038 240 6,223 17.05 1.27 21.65
- 2008 72,129 240 6,318 17.31 1.27 21.98
2009 73,220 240 6,414 17.57 1.27 22.32
2010 74,310 240 6,510 17.83 1.27 22.65
.-
2011 74,622 240 6,537 17.91 1.27 22.74
2012 74,935 240 6,564 17.98 1.27 22.84
.- 2013 75,247 240 6,592 18.06 1.27 22.94
2014 75,559 240 6,619 18.13 1.27 23.03
- 2015 75,872 240 6,646 18.21 1.27 23.13
2016 76.162 240 6,672 18.28 1.27 23.21
2017 76,452 240 6,697 18.35 1.27 23.30
-
2018 76,742 240 6,723 18.42 1.27 23.39
2019 77,032 240 6,748 18.49 1.27 23.48
- 2020 77,322 240 6.773 18.56 1.27 23.57
2021 77,617 240 6.799 18.63 1.27 23.66
- 2022 77,912 240 6,825 18.70 1.27 23.75
2023 78,207 240 6,851 18.77 1.27 23.84
2024 78,502 240 6,877 18.64 1.27 23.93
.-
2025 78,797 240 6,903 18.91 1.27 24.02
-
.-
-
-
.-
Exhibits_DFB31oo3696391.xlsl033430019 1 of 1
-
-----...--- -----
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r Population
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-
-
In addition to the City's water supply wellfield, the WTP can be a constraint with respect to
the treatment and distribution of the water to the City's customers. However, with the
- recent approval from PBCHD, the City's WTP is now rated at a capacity of 26.0 mgd and,
thus, should not be a constraint.
When comparing the capacity limitations, it is important that the firm capacity of the water
- supply be compared with the City's projected maximum day demands. Exhibit 3-9 also
depicts the projected maximum day demand for the year 2025 of 24.02 mgd, which is
approximately 1.4 mgd above the City's water supply wellfield capacity limitation of
- 22.65 mgd. Therefore, the City will need additional wellfield capacity by the year 2010.
The added value of the City's existing ASR facility to offset some of the apparent capacity
- deficiencies will be discussed in subsequent sections of this Master Plan.
-
,.....
-
,-
-
-
-
-
,-
-
,-
-
WATER SUPPLY PLAN. DOC 3-12
511212004
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SECTION 4
- Demand and Water Supply Management
,-
Demand and water supply management is the implementation of policies, procedures, and
- techniques to reduce the demand on a utility's water supply system. It can include
conservation, reclaimed wastewater reuse, and ASK The following describes the City's
current and planned implementation of demand management.
,-
4.1 Water Usage
- After the City's raw water from its wellfields is treated, it is distributed and is individually
metered at each of the City's customer connections. In addition, many of the City's
customers have separately metered irrigation systems so that they do not get charged for
- sewer service on the irrigation water. Data from these metered uses were compiled and
used to develop an estimate of the water use for the following four categories:
· Residential
,-
· Irrigation (from separate meters)
· Commercial
,....
· Governmental/Institutional
r- Exhibit 4-1 provides an estimate of the percent of water used by the four types of customers:
r- . Irrigation . Commercial o Residential o Gov'tJlnst.
Gov'tlInst.
8% Inigation
,... 15%
-
Commercial
13%
-
-
Residential
r- 64% DFBf3100369632Q.xls
EXHIBIT 4-1
,- City of Delray Beach Historical Demand by Use
Category
r WATER SUPPLY PLAN.DOC 4-1
511212004
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-
By applying these percentages to the per-capita demand estimate of 240 gpcd, an estimate of
the average daily amount of water used by each category was developed, as listed in
- Exhibit 4-2.
EXHIBIT 4-2
- Distribution of Per Capita Water Use
Water Use Category Percentage (%) Per Capita Demand (gpcd)
Residential 64 154
- Irrigation 15 36
Commercial 13 31
Government/Institutional 8 19
Totals 100 240
-
- Although the City has some customers with individually metered irrigation systems, many
are not and are thus included in the residential daily per capita rate of 154 gallons. In
addition, the City maintains an ordinance that discourages individual homeowners from
- drilling and constructing their own irrigation wells east of 1-95, and allows them to irrigate
using the City's potable water system via separate irrigation meters. Potable water irrigation
meters are prohibited west of 1-95.
-
The City has and continues to grow through redevelopment of its downtown and beach
areas. In the downtown area, formerly small-use commercial developments (e.g., car
- dealers, repair shops, and single tenant retail) are now being replaced with high-rise
residential condominiums, which tend to use more water than the commercial estab-
lishments they replace. Also, as with Boca Raton, the affluent customer base is increasing as
- the beach area is redeveloped and the new downtown high-end condominiums are being
built.
- The per capita water use has not shown any clear trend of change during the past 10 years
(Exhibit 3-2), other than those that were influenced by drought conditions (1991 and 2000)
and subsequent water use restrictions (1993 and 2001-2002). Although the City's demo-
- graphics are changing, it does not appear that the per capita water use has been affected.
However, the effect of conservation measures, including the City's proposed plan for
implementing reclaimed water projects within the City during the next 10 years, should
- reduce the actual per capita water use and is addressed in the following section.
4.2 Conservation
The City's conservation plan includes a number of demand-reducing policies and
techniques related to:
-
· Landscape Requirements
· Ultra-Low Volume Plumbing
- Water Conservation Rate Structure
·
· Leak Detection Program
-
WATER SUPPLY PLAN. DOC 4-2
5/1212004
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~
· Water Conservation and Public Education
~
The following subsections describe each of these policies and techniques in more detail.
- 4.2.1 Landscape Requirements
Landscape requirements are addressed in Section 4.6.16 of the City Code. Landscape
irrigation is allowed only between 5:00 p.m. to 9:00 a.m. Rain sensor overrides are required
- for new systems. Additionally, the following Xeriscape principles are required:
· Preservation of existing native plant communities
- · Re-establishment of native plant communities
· Site-specific plant materials
- · Shade trees to reduce evapotranspiration of lower-story plants
· Limited amounts of lawn areas
~ · Site development that retains storm runoff onsite
· Use of pervious materials for non-landscape and parking areas
- In addition, the City promotes a new publication, titled "WaterWise: South Florida
Landscapes", which is the SFWMD's new guide to help property owners landscape in ways
that conserve both water and our environment. They also have a publication titled "Sensible
- Sprinkling" that provides assistance with improving the efficiency of automatic sprinkler
systems. These publications are available both in hard copy and on line.
- 4.2.2 Ultra-Low Volume Plumbing
Ultra-low volume plumbing is required on all new construction by the Standard Building
- Code, which the City has been adopted by Ordinance 21-96.
Ultra-low volume plumbing includes plumbing devices, such as showerheads, self-closing
and low-volume aerators on sinks, and modem ultra-low-flush toilets. According to the
- American Water Works Association (AWWA), up to 30 gallons per day can be saved by
replacing one older, 7-gallon-per-flush toilet with a modem ultra-low-flush toilet that uses
only 1.6 gallons per flush. Unlike older models that rely on a large volume of water to
- remove waste, ultra-low-flush toilets use an efficient bowl design and increased flushing
velocities. Designs have improved in recent years, and good quality ultra-low-flush toilets
work as well as and often better than older toilets.
-
4.2.3 Water Conservation Rate Structure
- The City has implemented a mandatory water-conservation based rate structure, which is
contained in Chapter 52 of the City's Code. The conservation-based rate structure is
presented in Exhibit 4-3.
~
r
WATER$UPPLY PLAN. DOC 4-3
511212004
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,-
,-
EXHIBIT 4-3
City of Delray Conservation Rate Structure
- Cost per 1,000 Gallons, Cost per 1,000 Gallons,
Water Use Inside City Outside City
o to 3,000 gallons $1.24 $1.55
- 4,000 to 20,000 gallons $1.36 $1.70
21,000 to 35,000 gallons $1.50 $1.88
- 36,000 to 50,000 gallons $1.63 $1.2.04
Above 50,000 gallons $1.86 $2.33
,-
In addition to the above block rate structure designed to promote water conservation, the
City has also implemented a water shortage surcharge, also designed to promote further
- water conservation. The surcharge has been established in an ordinance and is enforced as
shown in Exhibit 4-4.
,- EXHIBIT 4-4
Water Shortage Surcharge Implementation
SFWMD Water Target Reduction in Surcharge Added to Water
- Shortage Phase Water Use (%)" Usage Charges (%)
I 15 15
II 30 30
,- III 45 45
IV 60 60
Note:
- "Target reduction in water use is per the SFWMD water shortage requirements.
- An example of how this surcharge would be implemented is if the SFWMD declares a Phase
11 water shortage, then if a customer uses 25,000 gallons per month within the City their
monthly usage charge would increase from $37.50 to $48.75 (30-percent increase).
- 4.2.4 leak Detection Program
Over the years, the City has estimated its water loss in its system by comparing the amount
- of water produced from the WTP to the amount of water billed to customers. Exhibit 4-5
summarizes those estimated annual average losses.
- EXHIBIT 4-5
Estimated Water System Losses
Fiscal Year Estimated Water Loss (%)
- 1 997-1998 15.38
199-1999 12.23
1999-2000 4.42
,-
2000-2001 12.61
2001-2002 12.62
-
WATER SUPPLY PLAN.OOC 4-4
~1212004
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..-
In fiscal year 2002/2003 the City of Delray Beach, as part of their continuing water conser-
vation effort, initiated a proactive leak detection program. The program is administered
- through the Water & Sewer Network Division of Public Utilities. State-of-the-art equipment
was purchased that utilizes sonar to identify and locate leaks within the distribution system.
Approximately 1,200 line segments will be evaluated this year with approximately 3,000 line
- segments to be evaluated next year as employees become more proficient with the new
equipment. Line segments vary in length depending on the distance between fixtures (i.e.
valves, fire hydrants, etc). The distribution system will be evaluated from the eastern part of
- the City to the western reaches of the system. As leaks are detected, they will be marked and
a work order will be issued for the repair. This will be an ongoing program and will help
reduce the amount of unaccounted water as well as reducing the percentage of total water
- loss.
4.2.5 Water Conservation and Public Education
- The City is in the process of formalizing a Water Conservation Plan document that will
include all of these components, as well as a schedule for periodically reviewing and
updating the plan as necessary. Water conservation and public education regarding
- conservation are addressed at neighborhood meetings, town hall meetings, and other
appropriate venues where customers are present. The City provides pamphlets and
brochures on water conservation at City Hall, the Chamber of Commerce, and other
- municipal facilities. Additionally, the City has hired a Public Information Officer to promote
public awareness of water conservation issues.
- Although the City is incurring a noticeable change in land use in the downtown area from
commercial with relatively low water uses, to higher-end multi-family residential, which
generally has higher per capita water use, it is expected that the City's proactive approach
- toward conservation should offset any of these potential increases.
- 4.3 Reuse of Reclaimed Wastewater
The City, in conjunction with the City of Boynton Beach and the South-Central Regional
Wastewater Treatment Facility (SCRWWTF), is implementing a wastewater reuse program
- to reduce demands on the local groundwater sources and direct reduction of potable
demands. Currently, the SCRWWTF provides tertiary treatment of up to 4 mgd of flow for
- reclaimed water use via irrigation onsite and offsite at designated golf courses and
neighborhood green spaces within the City of Boynton Beach's service area. The SCRWWTF
is anticipated to be converted to 100-percent reuse quality effluent before 2013.
- To identify means to achieve reclaimed water use within the City's service area, a Reclaimed
Water Master Plan has been prepared. The purpose of the Master Plan is to serve as a
planning document for which reclaimed water can be implemented in phases as capital
- improvements are budgeted and scheduled throughout the City.
Based on the first phase of the Master Plan, the City has elected to proceed with the
- implementation of the reclaimed water system within the City in a four-phase approach.
The phases are geographically disbursed across the four quadrants of the City and are based
on proximity to the SCRWWTF, expected customer base, and other factors. A map of the
..-
WATER SUPPLY PLAN.DOC 4-5
511212004
,.....
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-
-
area where reclaimed water is provided is shown in Exhibit 4-6, and is described in
Exhibit 4-7.
- Replacement of Surficial Aquifer withdrawals from irrigation wells with reclaimed water as
part of Phase 1 is in the southwest section of the City, which is in the general vicinity of the
City's 20-Series and Golf Course Wellfields. Because the irrigation withdrawals are being
- reduced from the Surficial Aquifer, and because they are near the City's main wellfields
(20-Series and Golf Course), any reduction should be a direct credit toward additional
- allocation from the City's wellfields. In addition, once the City begins providing reclaimed
water service to customers who ordinarily would have drawn their irrigation demands from
the potable water system, a direct reduction of the demand projections would be reflected in
the City's WUP allocations.
-
To accommodate available funding, the phases are expected to occur during a 20-year
period. In addition, this time frame will allow the SCRWWTF to complete its conversion to
- 100-percent reuse quality water and to develop an ordinance that will require customers to
connect to the reclaimed water system, depending on their proximity to the reclaimed water
pipelines. During this period, it is expected that the reclaimed water system will replace
- both current groundwater and surface water withdrawals and potable demand on the City's
system. Exhibit 4-8 provides an estimated timeline for implementing the four phases and the
estimated amount of groundwater, surface water and potable that is replaced.
-
Exhibit 4-8 reveals that groundwater and surface water withdrawals will be replaced by a
portion of the reclaimed water system during all four phases of the project, while potable
- water demand offsets do not occur until after the first phase is complete. By removing
existing withdrawals from groundwater and surface water sources, the City can obtain a
proportionate credit from SFWMD toward additional allocation from the Surficial Aquifer.
- Examining the WUP from residential, golf course, and institutional users in the various
areas of the City, it appears that approximately 2.0 mgd and 0.7 mgd of groundwater and
surface water allocations would be offset, respectively. The amount to be credited will be
- determined following the completion of the City's water use permitting.
In addition to the offset of groundwater and surface water allocations, the City will begin
- removing customers off of the potable system during the second phase (2008-2013).
Assuming all of the infrastructure and agreements are in place by the end of the respective
last three phases, a possible reduction in the City's projected demands may occur.
- Exhibit 4-9 depicts the possible reduction in demand, and reveals that if these potable water
offsets are in place, that the 2025 maximum day demand of 24.02 mgd could be reduced by
as much as 0.9 mgd. This couId then extend the need for additional water supply until 2015.
- Phase 1 of the reclaimed water system is currently in design and consists of the addition of a
ground storage tank at the SCRWWTF, with a portion of the transmission line to the City
municipal golf course to be constructed this year. Next year, the City plans to include the
- extension of the transmission main toward the new Atlantic High School.
- 4.4 Aquifer Storage and Recovery
Water use in Delray Beach, similar to most South Florida communities has historically
- shown a seasonal pattern of use. Exhibit 4-10 depicts the past monthly water usage from
WATER SUPPLYPlAN.DDC 4-8
5112/2004
-
-
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. GREENSPACENo
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. '.. ,~ ... Exhibit 4-6
r "·3,000' City of Delray Beach
I Reclaimed Water Master Plan
I Selected Reclaimed Water Users
CHZMHILL
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,
-
EXHIBIT 4-7
Proposed Phasing for Delray Beach's Reclaimed Water Program
- Phase Description Types of Use Purpose
1 Southwest Delray Beach- Residential, Replace existing groundwater
Atlantic Boulevard south and govemment/institutional, and withdrawals from irrigation wells
- west of Congress Avenue golf course irrigation
2 Northeast Delray Beach-The Residential and golf course Replace existing groundwater
Barrier Island, including the irrigation withdrawals from irrigation wells
- Town of Gulfstream (along and potable water irrigation
Ocean Outfall Pipeline corridor)
3 Northwest Delray Beach- Residential Replace existing groundwater
- Condominium Associations withdrawals from irrigation wells
4 Southeast-Atlantic Boulevard to Residential and Replace existing groundwater
Miller Park govemment/institutional withdrawals from irrigation wells
- and potable water irrigation
-
- 2000 through 2003. The average pattern of water use during this 3-year period was used to
project monthly water use through 2013 and is also shown on Exhibit 4-10. The reason
projections were only through 2013 is because the City's WUP is only expected to be
- permitted for 10 years. Thus, projections of use of the ASR well are dependent on how much
water is allocated by SFWMD and beyond 2013 would be difficult to predict at this time.
There are a variety of ways an ASR well can be used to supplement the City's existing water
supply source. One possible operational mode for the ASR well would be for the City to
operate the wellfields with two seasonal maximum day allocations. In the wet season (June-
October), the wellfield would be operated to meet demands up to the average month
- allocation of 552 núllion gallons (MG) requested as part of the City's WUP application.
During the dry season (November-May), the wellfield would be operated to meet demands
- up to the average monthly allocation minus the capacity of the ASR well (e.g., 3.0 mgd).
Additional dry season demand would be met with water from the ASR well.
A second possible way would be to operate the City's water supply wellfields on an annual
- average basis (i.e., approximately same flow rate every day from the wel1fields). When daily
demands are below this average flow rate, the excess water would be used to recharge the
ASR welL When daily demands are above the average flow rate, the ASR well would be
- used as a water supply source to meet the demand. This method of operation would result
in wellfield withdrawals being maintained at a constant rate throughout the year.
Exhibit4-11 depicts the estimated volume of water available to recharge or required to
recover from the ASR if the average monthly operational mode is used. This analysis
assumed that the water available to recharge or required to be recovered was the difference
- between the projected water use for the month and the theoretical amount of water that
could be withdrawn and still stay within the requested annual permit allocation from
SFWMD. Under this scenario, the City would not theoretically need to recover from the ASR
- until approximately 2011. However, until the City receives their WUP from SFWMD and the
ASR facility is fully operational, it is difficult to assess the best operational approach for the
City.
-
WATER SUPPLY PLAN. DOC 4-8
511212004
-
-
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-
Section 5
~ Water Supply Enhancements
~
When examining the enhancement of the City's water supply, it is important to consider
options that optimize the City's existing supply source - the Surficial Aquifer. By examining
~ these options first, the City takes advantage of existing capital invested in the water supply
and water treatment processes. Once the City considers other sources of supply, the
investment in capital to develop, convey, and treat the new source of water increases.
~ Therefore, the following water supply enhancement options begin with the optimization of
the Surficial Aquifer, followed by other potential sources of supply.
- · Rehabilitation of existing wells
· Expansion of existing wel1fields
· Replacement wel1field for Morikami Park
- · Floridan Aquifer blending
· Floridan Aquifer with membrane treatment
· Seawater desalination
-
The first three alternatives consider the same source of supply - the Surficial Aquifer - while
the last three focus on alternative water sources.
-
5.1 Wellfield Rehabilitation
-, Over the years, the City has proven that through regular testing and rehabilitation of its
existing water supply wellfields, additional capacity Can be achieved at lower operational
costs. Based on previous experience with rehabilitation of the City's wellfields, along with
- experience with other water utilities, an estimate of the increased capacity potential can be
made. Assuming that typical rehabilitation efforts can return a well to within 70 to
75 percent of its original specific capacity, and assuming no other hydraulic constraints such
- as pumps, pipe sizes, etc., the estimated firm capacity of the City's wellfields could be
increased by approximately 7 percent to 24.26 mgd. Exhibit 5-1 presents the estimated
increases as a result of rehabilitation efforts on the City's wellfield.
-
By conducting regular rehabilitation on the City's existing wellfields, and even with the
current permit limitations, the City should be able to extend their existing water supply to
- meet demands through the year 2025. This, however, is still dependent on how the current
water use permitting process proceeds with SFWMD.
- 5.2 Expand Existing Wellfields
Three of the City's four wel1fields - Eastern, 20-Series, and Golf Course - are all located
- within a mile and a half of each other and are surrounded by existing residential, com-
mercial, or light industrial properties and offer little opportunity for expartSion.
-
WATER SUPPLY PLAN. DOC 0.1
511212004
~
-
-
The Eastern and 20-Series Wellfields are not in locations well-suited for expansion. The
Eastern Wellfield is limited in its withdrawal capacities because of permit restrictions
- caused by the threat of salt water intrusion. In addition, because this wellfield serves as
backup and standby only, additional well capacity would not be feasible. The 20-Series
Wellfield is in an area of past groundwater contamination and, thus, would also not be
- conducive to expansion.
Based on the existing layout and spacing of the existing Golf Course Wellfield, there may be
room for the addition of one or two additional wells at the north end of the City's municipal
- golf course near Atlantic Avenue. The primary concern for expansion of this wellfield
would be the drawdown impact on the lakes in the golf course and possible wellfield
protection issues related to contaminated commercial or industrial facilities along Atlantic
- Avenue or within the Congress Park northeast of the golf course.
Morikami Park Wellfield has the greatest expansion potential because agreement has been
- reached and easements have been obtained from Palm Beach County to construct an
additional eight wells in the park. The pipeline is in place from Jog Road west toward the
Morikami Museum. Improvements have been completed to increase the delivery of water
- into the park lakes from LWDD canals and a mechanism to hydrate isolated cypress
wetlands near well PW-40. These improvements were made to compensate for increased
water table drawdowns caused by the withdrawals from the City's water supply wells.
- Water use issues related to the construction of well PW-37 and the J.M Orchids property,
however, must be resolved before this well could be constructed (see Section 2.3). Based on
existing well capacities, these eight wells would add up to approximately 11.5 mgd of
- potential additional water supply.
The major problem with the expansion of Morikami Park relates to water quality. As was
- reported in the Alternative Treatment Feasibility Study (CH2M HILL, June 2001), Morikami
Park wells have the highest color and organics concentrations of any of the City's wellfields.
This increase in color and organics causes the City to sometimes approach and even exceed
- the secondary drinking water standards for color of 15 CU. Although not a health risk, this
relatively high color is an aesthetic problem for water customers. In addition, two of the
currently regulated primary drinking water standards-HAAs and TTHMs-are DBPs that
- may be a concern for the City in the future. The City has implemented the addition of ferric
chloride at the WTP to reduce the color and associated organic concentrations. This
improvement to the City's treatment system may allow the City to expand the Morikami
- Park Wellfield, if needed, for additional water supply despite the high color and organics.
- 5.4 Floridan Aquifer
A separate source of water the City has available is the Floridan Aquifer. The Floridan
Aquifer in south Palm Beach County is a relatively deep, confined aquifer and is separated
- from the shallower Surficial Aquifer by more than 500 feet of the clay, limestone, and sand
from the Hawthorn Group. Generally, the depth of the top of the Floridan Aquifer starts
around 800 to 900 feet and extends several hundred feet further down. Exhibit 5-1 depicts a
- geologic and hydrogeologic cross section of the Floridan Aquifer in Delray Beach and its
relationship to the City's current source of supply, the Surficial Aquifer. This cross section is
based on drilling conducted on the ASR well located at the City's North Reservoir.
-
WATER SUPPLY PlJ\N.DOC 5-2
5/1212004
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Water quality in the Floridan Aquifer is brackish with high dissolved solids. It tends to
degrade with depth. Therefore, the upper Floridan Aquifer is the portion generally used for
- water supply purposes. There are three possible uses of the Floridan Aquifer in South
Florida:
· ASR
- · Blending
· Source Water
- The City currently uses the upper Floridan Aquifer for ASR at its North Reservoir, north of
City Hall. The City of Boynton Beach also uses it for ASR purposes at their East WTP. A
second use of the upper Floridan Aquifer includes blending the brackish water with water
- from conventional fresh water supplies, such as the Surficial Aquifer, and treating it with
conventional WTP processes to meet drinking water standards. The Florida Keys Aqueduct
Authority (FKAA) is planrúng to use it for blending purposes at its WTP in Florida City.
- Finally, the Floridan Aquifer Can be used as a separate source of water, but requires LPRO
treatment processes. The oIÙY utility in the immediate area of Delray Beach that uses the
Floridan Aquifer is the City of Highland, which is currently in the final stages of
- construction of the wells and an LPRO WTP.
Because the City already is using ASR for water supply demand management purposes, and
- a separate section of this report is dedicated to expartSion of the ASR concept in the City, the
following discussion will be focused on blending and source water supply from the upper
Floridan Aquifer.
-
5.3.1 Floridan Aquifer Blending
Currently the water quality of the Surficial Aquifer, except for color, generally meets all
- drinking water standards (DWS). Water from the Floridan Aquifer, however, has many
more dissolved solids and does not meet DWS for a number of parameters. The parameters
of concern are generally sodium, sulfate, chloride, total dissolved solids (TDS), and
- radionuclides. Sodium and radionuclides are primary DWS and the other three are
secondary DWS that are generally aesthetic in nature and are regulated by the state. Other
aesthetic parameters, such as odor and taste, may also be issues as a raw water source, but
- as recently demonstrated at the FKAA WTP; the aeration lime softening and residence time
should reduce the odor and taste to below the established DWS.
- Although the Floridan Aquifer does not meet some DWS, by blending a relatively small
percentage of the water with the raw water from the City's existing Surficial Aquifer
wellfield, DWS can still be met when the water leaves the WTP. By utilizing the Floridan
- Aquifer as an alternative source of water, the City will be able to reduce the use of the
Surficial Aquifer wellfields during times of dry conditions and/ or high water demands.
- The amount of water that can be blended from the upper Floridan Aquifer with the City's
raw water supply is based on the blended concentrations of the above parameters of
concern entering the WTP. Except for TDS, odor, and taste, all of the other parameters are
- not materially affected by the treatment processes and thus need to meet their respective
DWS before they enter the WTP. A blending analysis was conducted utilizing the most
recent water quality data from the City's raw water supply and the upper Floridan Aquifer.
- Data on the upper Floridan Aquifer were obtained during the drilling, construction, and
WATER SUPPLY PLAN. DOC 54
511212004
-
-
-
testing of the City's existing ASR well at the North Storage Reservoir. Exhibit 5-2 presents a
summary of the blending results and reveal that as much as approximately 4 percent of the
- raw water demand can be met by blending water from the upper Floridan Aquifer, which,
depending on the City's demand, can range from approximately 0.7 to 1.0 mgd.
- EXHIBIT 5-2
Estimated Blends from the Upper Floridan Aquifer
Total Existing Floridan Blended Percent
Demands (mgd) Demand Wellflelds Aquifer Blend of Total
-
2003 Average Day 16.1 15.4 0.7 4.3%
2025 Average Day 18.7 17.9 0.8 4.3%
-
2003 Maximum Day 20.0 19.2 0.8 4.0%
2025 Maximum Day 24.0 23.0 1.0 4.2%
-
-
5.3.2 Floridan Aquifer with LPRO Treatment
Because of the high TDS concentrations in water from the Floridan Aquifer, LPRO, a form of
- high-pressure membrane water treatment, is required for the upper Floridan Aquifer to be
considered as its own source. As part of the RO treatment, a stream of highly mineralized
concentrate would be generated requiring disposal either in the sanitary sewer or ocean
- outfall system or into a deep injection well. Similar to the blending well, the location of the
Floridan Aquifer source wells would be more than likely constructed on the WTP property
or nearby to minimize piping to the W1P. The RO system designed to treat the brackish
- water could be located on the grassed area south of the WTP site. Water from the RO facility
system could be blended with the City's existing lime-softened water. Issues related to well
siting, potential impacts to the City's ASR system and other neighboring Floridan Aquifer
- wells (e.g., Highland Beach and Boynton Beach), and concentrate disposal would have to be
considered.
- 5.4 Seawater Desalination
- Desalination is the process of utilizing high-pressure reverse osmosis (HPRO) to remove
salts and other ions from seawater. HPRO membranes used in the process are semi-perm-
eable, allowing passage of smaller water molecules, but restricting passage of dissolved
- minerals, and other material, such as colloidal particles and dissolved organics. The feed
water is separated into a permeate, and the remaining water that contains the rejected
minerals is the concentrate stream.
- According to a report prepared for the SFWMD Gune 2002), the first successful seawater RO
plants were installed in the Middle East in the late 1970s, approximately 10 years after the
brackish water RO process was first used in the Urtited States. These early seawater plants
- were designed as two-pass systems. The combination of membranes with relatively high
salt passage (approximately 1 percent) and the high salinity of the source waters (Red Sea
and Arabian Gulf) required that most, if not all, of the permeate generated from the first
-
WATER SUPPLY PLAN.DOC 5-5
5/12/2004
-
-
-
pass be sent through a brackish water RO system to yield a product with less than 250
mg/L of chloride (State Secondary Drinking Water Standard). As membranes with lower
- salt passage were developed, single-pass desalination of high TDS seawater became
possible.
Membrane improvements, improvements in pretreatment technology, and a better under-
- standing of the causes of membrane fouling resulted in less membrane cleaning and
replacement. The most effective pretreatment for any surface water seawater intake to be
used as RO source water is membrane filtration. This technology has been tested using pilot
- facilities in Tampa Bay, Florida; California; Texas; and other locations. At Tampa Bay, long
process run times between cleanings with almost no change in feed pressure related to
fouling were achieved using membrane pretreatment.
-
For the City, a desalination facility would most likely need to be constructed near the source
of water, which would more than likely be the barrier island. Construction costs for desali-
- nation generally range from $3.25 to $3.50 per thousand gallons treated (SFWMD, 2002),
which is higher than most other forms of treatment, such as conventional lime softening
($1.00 per thousand gallons) and LPRO treatment of the Floridan Aquifer ($2.00 to $2.50 per
- thousand gallons). Operations and maintenance (O&M) costs are also high for desalination,
with pumping and electricity responsible for more than half of the O&M costs. Because of
the availability of less expensive water supply and treatment options, desalination will
- therefore not be considered further.
5.5 Summary
Based on the preliminary feasibility of the water supply enhancement options described in
this section, the following will be further developed in the next section:
- Wellfield Rehabilitation
·
· Expansion of Morikanù Park Wellfield
· Optimization of ASR
-
· Development of Floridan Aquifer for Blending
· Development of the upper Floridan Aquifer and LPRO
- Expansion of the City's other existing wellfields, replacement of the Morikami Park
Wellfield and seawater desalination are not considered cost-effective or feasible at this time.
-
r-
-
-
,-
WATER SUPPLY PLAN.DOC 5-6
5/12/2004
-
-
-
SECTION 6
- Alternatives Analysis
- 6.1 Introduction
- As part of the previous two sections, a number of demand-reducing and water-supply-
enhancing technologies and approaches have been described. This section focuses on
evaluating them and providing a mechanism for prioritizing them into a plan that can be
- implemented over time. Exhibit 6-1 summarizes the demand-reducing and water-supply-
enhancing techniques and approaches being considered.
- EXHIBIT 6-1
Demand-Reducing and Water-Supply-Enhancing Techniques and Approaches
Demand Reducing Wa1er Supply Enhancing
- Conservation Wellfield Rehabilitation
Reclaimed Water Program Expansion of Morikami Park Wellfield
- Optimization of ASR Facility
Floridan Aquifer Blending
Floridan Aquifer with LPRO Treatment
-
These techniques and approaches will be developed further in this section, along with
- budget-level opinions of cost.
- 6.2 Demand Reduction
Demand-reducing techniques and approaches are those that reduce demand on the City's
- water system through voluntary cut backs on consumption from customers to replacing
potable water use with alternative sources of water, such as reclaimed wastewater.
6.2.1 Conservation
-
The City currently has an extensive conservation plan and continues to implement new
techniques and approaches to conservation. The following conservation policies and
- ordinances are in place:
· Section 4.6.16 of the City Code prohibits irrigation outside the hours of 5:00 p.m. to
9:00 a.m.
-
· Rain sensors are required for new irrigation systems, and Xeriscape principles are
required for new landscaping.
-
· Ordinance 21-96 requires ultra-low volume plumbing fixtures in all new construction in
accordance with the Standard Building Code.
-
WATER SUPPLY PLAN. DOC 6-1
5112/2004
-
-
-
· Chapter 52 of the City's Code dictates a water-conservation-based block rate structure
and a water shortage surcharge.
- · State-of-the-art leak detection devices were purchased by the City and are being used to
locate leaks with the City's distribution system. More than 4,000 line segments are
expected to be evaluated during the next couple of years.
-
· A reclaimed water program is being implemented that will help offset both current
groundwater and surface water withdrawals, but also some potable water demands. The
- following section describes the City's reclaimed water program.
The current growth within the City is generally high-end uses on the barrier island and
- redevelopment of the downtown and U.S. 1 corridor area. Although it is expected that the
new uses in these areas could increase the City's overall per capita demand, the City's
proactive conservation program should help to offset any increases from the new
- development. Over time, once these conservation practices become part of the City
residents' everyday life, there is a possibility that the per capita rate may even decline.
However, it is difficult to quantify the actual impact conservation will have on per capita
- use, especially with all of the variables outside of the City's control.
6.2.2 Reclaimed Water Program
- The reclaimed water program being implemented by the City will potential reduce potable
water demands in the future by as much as 0.9 mgd. This demand reduction is expected to
occur starting with the second phase between 2008 and 2013, and extend through 2023.
- Exhibit 6-2 depicts the possible reductions in average and maximum day demands as a
result of implementing the four-phase reclaimed water program. This chart projects that the
water demand will be reduced at the end of each of the phases (I.e., 2008, 2013, 2018, and
- 2023). Earlier reductions may occur once infrastructure is in place, but this was considered a
conservative estimate.
- 6.2.2.1 Approach
The City has already developed a phased approach for its reclaimed water program and has
been fully documented in the recently completed Reclaimed Water Master Plan (Mathews
- Consulting, Inc., December 2003). Exhibit 6-3 summarizes the City's planned course of
action in implementing reclaimed water throughout the City.
- 6.2.2.2 Opinion of Capital Cost
Based on the opinion of capital cost information provided in Master Plan, Exhibit 6-4 depicts
- the opinion of probable capital cost for the reclaimed water program.
6.3 Water Supply Enhancement
-
Water-supply-enhancing technologies and strategies are those that add additional water
supply capacity to the City's existing source of raw water. Those being considered include
- rehabilitation of the City's existing wellfields to increase capacity, expanding the Morikami
Park Wellfield, optimizing the existing ASR facility, and utilizing the Floridan Aquifer for
blending and eventually a source of supply with LPRO treatment.
-
WATER SUPPLY PlAN.DOC 6-2
5/1212004
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- EXHIBIT 6-3
Phased Implementation Plan for the City's Reclaimed Water Program
Potable Water
Years to be Supply Offset
- Phase Description Implemented (gallons)
1 Southwest Delray Beach-Residential, Golf Course and Institutional 2003-2008 0
- (Areas 1-5)
2 Barrier Island-Residential and Golf Course (Areas 12-14) 2008-2013 475,536
3 Northwest Delray Beach-Condominium Associations (Areas 6--8) 2013-2018 221,081
-
4 East Delray Beach-Residential and Institutional (Areas 9-10,15-16) 2018-2023 166,367
Total 862,984
-
EXHIBIT 6-4
- Opinion of Probable Capital Cost for the City's Reclaimed Water Program
Phase Capital Cost
- 1 - Southwest Delray Beach-Residential, Golf Course and Institutional (Areas 1-5) $5,378,596
2 - Barrier Island-Residential and Golf Course (Areas 12-14) $3,548,174
3 - Northwest Delray Beach-Condominium Associations (Areas 6-8) $3,798,032
-
4 - East Delray Beach-Residential and Institutional (Areas 9-10,15-16) $2,479.088
Subtotal Construction $15,203,890
- Engineering. Permitting, and Legal (15%) $2,280,583
Contingency (10%) $1,520,389
- Total Opinion of Probable Capital Cost $19,004,863
- 6.3.1 Wellfield Rehabilitation
Weillield rehabilitation has proven to be a successful and cost-effective approach to
- maintaining and increasing capacity in the City's welIfields and in other local communities.
6.3.1.1 Approach
- The City can take two approaches with respect to weillield rehabilitation:
1. Conduct as a capital project with a full-scale wellfield rehabilitation effort on selected
- wells similar to what was completed in 1992
2. Conduct the wellfield rehabilitation as an ongoing O&M program
- The first approach would allow the City to expend the money as a capital project and
possibly save costs by implementing the rehabilitation efforts under one contract. If the City
decides to take this approach, then based on recent testing results the following list of wells
- should be considered for rehabilitation.
WATER SUPPLY PLAN.DOC 6-4
- 511212004
-
-
Wellfleld Wells
20-Series PW-21 - PW-25
-
Golf Course PW-27, PW-29 - PW-34
Morikami Park PW-40
- Eastern PW-2. PW-5, PW-6, PW-6, PW-15, PW-16, PW-17
- If, on the other hand, the City elects to continue weIIfield rehabilitation as an ongoing O&M
process, then it is suggested that the wells be prioritized in the order listed above.
- Regardless of the approach, the City should maintain an annual weIIfield rehabilitation
program, focusing on the 3 to 4 wells with the lowest specific capacities each year. By
conducting the rehabilitation, not oruy does the City potentially increase the overall capacity
- of their welIfields, but the improvement in specific capacity can also decrease the cost of
power to operate the well pumps and motors. An example of the cost savings from welIfield
rehabilitation efforts in depicted in Exhibit 6-5 and was from the City's weIIfield
,.- rehabilitation efforts in 1992.
EXHIBIT 6-5
- Estimated Annual Power Cost Savings from Well Rehabilitation 1
Current Projected After Rehahllitatlon Estimated Annual Savings
$229,4000 $149.700 $79,700
-
Notes:
1 Annual power costs are based on the aggregate of the power costs from each of the wells. which are based on
current and projected flow rates and head conditions.
,.-
6.3.1.2 Opinion of Capital Cost
- Exhibit 6-6 presents the opinion of probable capital cost for the rehabilitation of selected
water supply wells.
- In the event the City proceeds with well rehabilitation as part of an annual O&M program,
the City can expect the cost to range from $10,000 to more than $30,000 per well.
- EXHIBIT 6·6
Opinion of Probable Capital Cost for Rehabilitation of the City's Wellfieids
Phase Capital Cost
- Full-Scale Wellfield Rehabilitation (including wells PW-21, PW-22, PW-23, PW-24, $260,000
PW-25, PW-32, PW-34, PW-5, PW-6, PW-6, PW-15. PW-16, and PW-17)
Engineering, Permitting, and Legal (15%) $39,000
-
Contingency (20%) $52,000
Total Opinion of Probable Capital Cost $351,000
-
~
WATER SUPPLY PLAN. DOC ô-5
8/1212004
,.....
-
-
6.3.2 Expansion of Morikami Park Wellfield
- The City has expended considerable capital in siting and constructing a raw water pipeline
and three water supply wells in Palm Beach County's Morikami Park. In addition, sites for
eight additional wells have been secured by easement from Palm Beach County. Except for
- one well near the southeast corner of the park, which has been prohibited from being
constructed by SFWMD because of wellfield protection concerns on the J.M. Orchids
property to the north, all other wells have been preliminarily permitted as part of the City's
- water use permitting process. Therefore, except for concerns regarding increased color
concentrations from this wellfield, this is the most feasible location to construct new wells.
- 6.3.3 Optimization of ASR Facility
The City's ASR facility provides up to an estimated 2.0 mgd to 2.5 mgd of additional water
supply, but is limited by the water supply allocation permitted by SFWMD. In addition, the
- full capacity of the well will not be known until it is rehabilitated, which is planned to occur
in the second quarter of 2004. However, for purposes of this alternative, it is assumed that
the ASR well will have a capacity for recharge and recovery of 2.0 mgd.
-
6.3.4 Floridan Aquifer Blending
Two approaches to Floridan Aquifer blending were previously presented - utilizing the
- existing ASR well and constructing a new Floridan Aquifer well. The first option appears to
have the most merit because the capital for constructing the well has been expended and
any new water supply well would require design, permitting, and construction and could
- potentially be in conflict with the operation of the existing ASR well. Thus, a new Floridan
Aquifer well for blending will not be considered.
- 6.3.5 Floridan Aquifer with LPRO Treatment
Several water utilities in Palm Beach have or are proceeding toward the use of the upper
- Floridan Aquifer for a direct water supply and treating the water utilizing LPRO (e.g.,
Jupiter, Highland Beach, and Boynton Beach). Although it appears that the City should have
sufficient water supply through 2025, assuming the previous technologies and methods
- have been implemented, it is good idea to have a contingency plan in place in the event
conditions change and another source of water is required. This requirement will be driven
not by the amount of wellfield capacity, but instead the limitations SFWMD places with
- respect to its WUP. Thus, the City should consider examining the possibility of utilizing the
upper Floridan Aquifer for future water supply, along with LPRO treatment.
- 6.4 Alternatives Workshop
On January 14, 2003, a workshop was held with some of the City's Environmental Services
- Department key staff to review the Master Plan development and the alternatives being
considered and the final approaches to be considered.
- With the City's effective use of conservation and implementation of its reclaimed water
program, the City should be able to meet future demands through the year 2010, and
possibly 2015 with Phase 2 of the reclaimed water program implemented, with its current
-
WATER SUPPLY PLAN. DOC !Hi
511212004
-
-
- source of supply and we1Ifields. Implementing we1Ifield rehabilitation, either as a capital
project as an overall wellfield approach or on a well-by-well basis as part of the City's O&M
- process, will further to help the City maintain its current water supply. Which approach the
City elects to take for wellfield rehabilitation will be based on available funding. In addition,
full utilization and optimization of the City's ASR facility, following successful completion
- of the City's water use permitting process and well rehabilitation efforts, will also assist the
City in "stretching" its existing supply to meet future demands. The use of the ASR well as a
blending well should omy be considered under an extreme drought or emergency situation
- and could provide as much as 0.9 mgd in additional water supply. Finally, although it does
appear it will be required, utilization of the Floridan Aquifer as a source of supply and
LPRO treatment should be considered as a contingency in the event conditions change in
- the future.
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WATER SUPPLY PLAN. DOC 6-7
5112/2004
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SECTION 7
- Recommended Implementation Plan
- 7.1 Introduction
- Now that an approach for meeting the City's future water supply demands has been
developed, this section describes the implementation plan and schedule for the approach.
Also, because of the importance of the City's WUP in its overall water supply planning
- process, the water use permitting process will also be described in this section.
7.2 Implementation Approach
-
The approach to implementing these water supply master plan recommendations is directly
related to the City's water use permitting process, which is currently ongoing. Thus, the
- approach for implementing this plan will be presented as a direct link to the permitting
process.
- 7.2.1 Demand-Reducing Alternatives
7.2.1.1 Conservation and Reclaimed Water Program
- Because the City is already implementing conservation techniques and is beginning to
implement a four-phase reclaimed water program, the City should proceed with these
programs to reduce overall customer demand. These ongoing efforts will help the City to
- "stretch" its existing supply and defer the need for alternative sources of water supply, such
as the Floridan Aquifer. However, until such measure implemented, it is difficult to fully
assess their impact on the City's customer demands and thus will only be considered as part
- of an annual tracking system to assess actual demands versus those forecasted.
7.2.1.2 Annual Demand Tracking and Comparison
- To assess the effects of the City's conservation measures and the reclaimed water program
to offset demands, it is suggested that the City develop a tracking system that can be used to
compare actual demands semi-annually as compared to those forecasted as part of this plan.
- This would allow the City to assess if and when other water-supply-enhancing alternatives,
such as the increased use of the ASR well or the Floridan Aquifer, may be needed and
proactively develop a plan accordingly.
-
7.2.2 Water Use Permitting
- The City is currently in the process of obtaining a renewal of its WUP from SFWMD. Most
recently, SFWMD has requested information from the City regarding it's:
. Per capita demands,
-
. Projected water supply demands based on the revised per capita,
-
WATER SUPPLY PLAN.DOC 7-1
5/1212004
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· Maximum month peaking ratio,
· Impacts of the City's projected withdrawals on the Everglades MFLs,
-
· Planned uti1ization of the City's ASR well, and
· Permit duration.
-
All of these issues have been addressed by the City, except for the Everglades MFLs, in a
letter dated February 3, 2004. The Everglades MFL issue has been deferred because of a
- recent development within the SFWMD's organization regarding impacts to MFLs from
future withdrawals by public water suppliers. This effort has been underway to address
public water supplier concerns, as part of the Water Resources Advisory Committee
- (WRAC), regarding the SFWMD insistence on utilizing the projected water demands from
the Lower East Coast (LEC) Regional Water Supply Plan as the guide for future permitted
water use allocations. Thus far, any public water supply (PWS) utility, regardless of its size,
- that is at or below the projected LEC plan demands does not have to conduct any analysis
on impacts to MFLs. However, if a PWS utility is above the projected LEC plan demand,
then rigorous groundwater modeling needs to be conducted to assess the PWS projected
- impacts on MFLs. However, recent groundwater modeling conducted by SFWMD has
indicated that even with an increase in demands of as much as 20 to 50 percent above the
LEC plan numbers, no adverse impacts would occur to the Everglades MFLs. The only
- exceptions to this were the Cities of Fort Lauderdale and Sunrise in Broward County and
Miami-Dade Water and Sewer Department (MDWASD).
- 7.2.3 Supply Enhancing Alternatives
7.2.3.1 Wellfield Testing and Rehabilitation
- To optimize the City's existing water supply capital expenditures, in particular the existing
wellfields, the City should implement a formal testing and rehabilitation program to
increase their capacities. As part of its annual repair and replacement program, the City
- should proceed with the design and procurement of a well rehabilitation contractor to
improve the performance of wells whose capacities have declined. Because the City
- currently relies on the 20-Series, Morikami Park, and Golf Course Wellfields as their
primary source of supply, the rehabilitation should be focused on these wells first. Wells in
the Eastern We11field could be lower priority, as they are back-up and emergency only.
- To determine which wells should be rehabilitated, following the procedures outlined in the
Technical Memorandum (CH2M HILL, May 2002), the wells should be tested on a quarterly
basis. Also, a tracking program uti1izing a simple Excel spreadsheet, should be developed
- for each well and used to track specific capacity data over time. In this manner, the City can
determine when a well appears to be dec1ining in performance and can schedule the well for
rehabilitation. It is suggested that once a well rehabilitation contractor is selected, that well
- rehabilitation be an ongoing proactive program for the City, involving the steps outlined in
Exhibit 7-1.
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WATER SUPPLY PLAN. DOC 7-2
511212004
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EXHIBIT 7·1
Suggested Well Testing and Rehabilitation Program
- Step Description By When?/Frequency?
1 Procure well rehabilitation contractor (City may want to 4th Quarter 2003; every 2-3 years
consider 2 or 3 to gauge their performance)
-
2 Conduct testing on 20-Senes, Monkami Park, and Golf Quarterly (e.g., 20-Senes one
Course Wellfields month, Monkami Park next month,
and Golf Course third month)
- 3 Conduct testing on Eastem Wells Semi-Annually
4 Conduct rehabilitation on selected wells 4th Quarter 2003/Semi-Annually
- 5 Keep database updated Monthly
- 7.2.3.2 ASR Optimization
Unfortunately, because of some equipment difficulties, the City has been unable to
effectively utilize its ASR facility for its intended purpose. After 2 years of successful cycle
-- testing and approval from FDEP and the PBCHD to operate, the well's pump and motor
failed. After several attempts to investigate and repair the problem, the City has opted to
proceed with the procurement of a licensed well drilling and mechanical contractor to
- rehabilitate the well and replace the existing submersible pump and motor with a vertical
turbine pump and motor. Also, per the City's request the existing actuated valves will also
_. be replaced with Rotork actuators, which have been successfully used at other locations
within the City.
To make these relatively minor modifications to the ASR facility, a minor modification to
- the City's FDEP construction pernùt is required. An application has been submitted, and it
is CH2M HILL's understanding that an approval for the minor modification is pending.
- After the well is rehabilitated and improvements are made to the ASR facility, an
abbreviated cycle testing plan will be developed and implemented. After approval is
received from FDEP, the facility will be placed in service and utilized to manage the City's
- water supply demands. The exact operational plan will be dependent on both the success of
the rehabilitation work currently being procured and on the City's WUP. The rehabilitation
project will determine the optimal flow rates for recharge and recovery (expected -2.0 mgd)
- and the ultimate storage capacity of the well. Results from the water use permitting and the
upcoming SFWMD Governing Board decision will determine whether the facilities can be
used strictly as a back-up to the City's existing water supplies or if it has to be used as
-- primary source of supply during the dry season. If the decision by the Board is favorable,
then the ASR facility can be used as a back-up and at the City's discretion. However, if it is
unfavorable, then the City may be forced to use the well on a more regular basis and be
- dependent on it.
Because utilizing the ASR well for blending purposes was determined to be the most
~ feasible option (as opposed to constructing a separate well) and because the flow would
probably be limited to less than 1.0 mgd, it is recommended that the ASR well only be used
for blending purposes in an emergency (i.e., only when the fresh water in the ASR has been
- depleted).
WATER SUPPLY PLAN.DOC 7-3
5112/2004
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- 7.2.3.3 Expansion of Morikami Park Wellfield
It was determined that the most feasible option for the City to expand its existing water
- supply welIfields would be in Morikami Park. Implementation of this approach is relatively
straightforward, however, a modification to the City's WUP and a construction permit from
PBCHD would be required. Also, PBCDERM will have to be notified so they can modify
- their wellfield protection model as necessary. It is recommended that the City consider
adding two additional water supply wells in the Morikami Park Wellfield to increase the
City's welIfield capacity by approximately 1.5 to 3.0 mgd.
-
7.2.3.4 Floridan Aquifer with LPRO
Utilizing the Floridan Aquifer as a source of supply with LPRO is considered necessary only
- if the City cannot successfully negotiate a favorable WUP (e.g., favorable Governing Board
decision) and is forced to consider alternative sources beyond the ASR well and blending
options. Also, if the City's conservation plan and reclaimed water program are not able to
- measurably reduce customer demands, the City may be required to consider this alternative
water supply and more advanced water treatment technology. However, for purposes of
this Plan, it is expected that the City will be able to negotiate a favorable WUP and will not
- require this alternative until after 2013.
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WATER SUPPLY PlAN.DOC 7-4
5112/2004
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TO: DAVID T. 't~CI M
THRU: PAUL DOR lNG, DIRECTOR F LANNING AND ZONING
FROM: ROBERT G. TEFFT, SENIOR
SUBJECT: MEETING OF JUNE 8, 2004
PRIVATELY SPONSORED FUTURE LAND USE MAP (FLUM) AMENDMENT
FROM LOW DENSITY (LD) TO MEDIUM DENSITY (MD) FOR THE
PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON
AVENUE AND SW 10TH STREET.
The subject properties total approximately 8.96 acres and include multiple platted and unplatted
parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties
are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
An application has been submitted for a FLUM amendment from LD to MD. Additional
background and an analysis of the FLUM amendment and a related rezoning are provided in
the attached Planning and Zoning Board staff report.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the FLUM amendment and rezoning requests. After reviewing the staff report
and discussing the proposal, the Board voted 3-1 (Peltzie dissenting) to recommend that the
requests be denied, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land
Use Element Objective A-1, Future Land Use Element Policies A-1.7 and C-1.7, and Housing
Element Policy A-12.3, and does not meet the criteria set forth in Section 3.1.1 of the Land
Development Regulations.
Move a recommendation of denial to the City Commission for the privately sponsored request
for a FLUM Amendment from LD to MD for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, specifically Future Land Use Element Objective A-1, Future Land Use
Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the
criteria set forth in Section 3.1.1 of the Land Development Regulations.
Attachment: Planning and Zoning Board staff Report of May 17, 2004
\ 0 , B. Q...o.... .
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: May 17, 2004
AGENDA ITEM: III. A. (2. a.)
ITEM: Future land Use Map Amendment from low Density Residential 0-5 du/ac
(lD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from
Single-Family Residential (R-1-A), in part, and Community Facilities (CF), in
part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial
Hearing).
:ITHIIIB 0
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7TH Sf.
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GENERAL DATA: ~~
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s.'. æIImffi z '-'
Owner I Applicant.................. Balestrieri Development Corp. S.£.61tiST.
Agen!............................... Weiner & Aronson, PA o 8
Location................. ........... .... Southwest Corner of Swinton ~ z ~
S.W 811-1 COURT ~
Avenue and SW 10th Street . ~
~ -
Property Size......................... 8.96 Acres "
Current FLUM Designation.... Low Density Residential 0-5 du/ac ,
(LD)
Proposed FlUM Medium Density Residential 5-12 <>
0
Designation....................... du/ac (MD) ii!
!ì'
Current Zoning................... Single-Family Residential (R-1-A) ~
and Community Facilities (CF)
Proposed Zoning................ Medium Density Residential 10
du/ac (RM-10)
Adjacent Zoning..... North: Single-Family Residential (R-1-A)
South: Single-Family Residential (R-1-A)
East: Special Activities District (SAD)
West: Single-Family Residential (R-1-A)
Existing land Use................. Vacant
Proposed Land Use.............. FLUM Amendment from LD to
MD and Rezoning from R-1-A. in CENTRAl AVE.
part, and CF, in part, to RM-10 as w
part of Comprehensive Plan 5<
Amendment 2004-02 a
COllINS ....'ÆNu
Water Service....................... N/A
Sewer Service....................... N/A
.
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COON TY
SAN/fA rrON
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III. A. (2. a.)
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential
(LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-1-A)
and Community Facilities (CF) to Medium Density Residential- 10 dwelling units per acre (RM-
10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The subject properties total approximately 8.96 acres and include multiple platted and unplatted
parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties
are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
Each of the subject properties were at one time zoned R-1-A, however at its meeting of
February 6,1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-1-A
to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-1-A
each contained residential structures, while the now CF zoned parcel was vacant. The Full
Gospel Assembly Church never established operations on the subject property and has
continued to remain vacant.
The subject properties were recently sold and subsequently cleared in anticipation of future
property development as a multiple-family townhouse project. An application is now before the
Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-1-A and CF to
RM-10.
This FLUM Amendment is being processed pursuant to the twice a year statutory limits for
consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment
2004-02.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use 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
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
o Future Land Use MaD: 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 proposed Medium Density Residential- ten (10) dwelling units per acre (RM-10) zoning
district is consistent with the proposed Medium Density Residential (MD) FLUM designation.
Planning and Zoning Board ff Report
Cottages at Banyan Village - d:'UM Amendment and Rezoning
Page 2
Multiple-family townhouse developments are allowed in an RM-10 zoning district as a
permitted use at a base rate of six (6) units per acre. Increases above that density are only
allowed if the subsequent development substantially complies with the performance
standards listed in LDR Section 4.4.6(1). Based on the above, positive findings can be
made with respect to FLUM consistency.
CJ Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from LD to MD on several adjoining
parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result
in an increased impact on adopted concurrency standards. Concurrency findings with
respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a
park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the
maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park
impact fee of $44,500.00.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District must
approve the development proposal for compliance with the adopted Level of Service for
School Concurrency. Verification from the Palm Beach County School District is pending
and the receipt of a written finding of approval from the School District is attached as a
condition of approval.
Solid Waste: The subject properties are presently vacant and therefore currently have no
impact on this level of service standard. Assuming the proposed maximum density (10
du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase
can be accommodated by existing facilities and thus, will not have a significant impact on
this level of service standard.
Traffic: The applicant has submitted a traffic study based upon the maximum potential
density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is
noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The
subject properties current FLUM designation of LD would permit maximum densities that
would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic
study, the proposed FLUM would allow for a development generating 48 AM and 56 PM
peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the
submitted traffic study has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Palm Beach County Traffic Performance Standards Ordinance must be
received and is attached as a condition of approval. It is anticipated that the proposal will
meet traffic concurrency standards. Based upon the above condition of approval being
addressed, a positive finding with respect to traffic concurrency can be made.
Water and Sewer: Water service can be provided to the site via connection to a 6" water
main located within the SW 10th Street right-of-way (north side of the property), a 2" water
main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8"
water main located within the Swinton Avenue right-of-way (east side of the property). It is
noted that the 2" water mains may need to be upgraded with the future development of the
Planning and Zoning Board ff Report
Cottages at Banyan Village - rLUM Amendment and Rezoning
Page 3
property. Sewer service can be provided to the site via connection to a sanitary sewer main
located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure
adequate fire suppression, fire hydrants will need to be provided within the development.
However, it is noted that fire hydrants exist immediately to the northwest and northeast of
the property across SW 10th Street, to the northeast of the property across Swinton
Avenue, and to the southeast of the property across Reigle Avenue.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted level of service standard at the City's build-out population, based upon
the current FLUM. The proposed FLUM Amendment from LD to MD will increase the
demand on these public services; however adequate capacity exists to accommodate the
proposal. Thus, a positive finding with respect to this level of service standard can be
made.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain only one significant environmental characteristic, a large
Banyan tree located at the northeast corner of the site. This Banyan tree plays an important
role in the character of the property and must be incorporated into the design of any future
development proposal for the site. While the proposed development of the property will
certainly provide additional housing, it is multiple-family vs. single-family and twice the
density of the surrounding single-family land uses to the north, south and west. To the east
is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including
office, automotive repair, and single-family dwellings. The automotive repair use is currently
nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for
neighborhood commercial uses. While the applicant cites the conditions to the east to
justify compatibility, these uses are over 270' away given the combined rights-of-way.
Given the above, the proposed use and intensity are not complementary to adjacent uses
and therefore constitute grounds to deny the proposed amendment. These concerns are
also discussed later with the compatibility analysis of the FLUM amendment.
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
Planning and Zoning Board' ff Report
Cottages at Banyan Village - .-LUM Amendment and Rezoning
Page 4
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The subject property is comprised of several adjoining parcels of land totaling approximatel~
8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10
Street and Swinton Avenue). The proposal associated with these properties would change
the FLUM designation from LD to MD.
The applicant has not provided any data or analysis as to a shift in demographic trends or
other circumstances that would support a change to the existing FLUM designation. No
changes have occurred immediately adjacent to this parcel which would alter the character
and/or FLUM designations of the surrounding area. In fact, the latest change that has
occurred was immediately to the north and resulted in the development of affordable single-
family homes. This change would support the retention of the existing Low Density land use
designation. The applicant has cited numerous Comprehensive Plan objectives and
policies; however none of these objectives or policies would be fulfilled by amending the
existing FLUM designation. Without any data or analysis in support of, or fulfillment of
Comprehensive Plan objective or policy, there is no demonstrated need for the requested
FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the
proposed FLUM amendment.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area iSJ/.enerallY defined as the area bounded by West Atlantic Avenue on the
north, SW 1 Street on the south, Interstate-95 on the west, and Swinton Avenue on
the east.
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization Map
contained in the Housing Element.
The Southwest Area Neighborhood Plan was adopted by the City Commission at its
meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and
stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is
divided into five sub-areas based upon current and proposed land uses. The sub-
areas serve to define potential boundaries for the phased implementation of the
various plan components. Future development in the area must be in accordance
with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is
identified as "infill area" consisting of relatively stable residential neighborhoods that are
experiencing some deterioration, but do not require substantial redevelopment to achieve
community livability goals.
The applicant indicates in their justification statement that "increasing residential density and
providing affordable and diverse housing for a variety of incomes is a primary goal" of the
Redevelopment Plan. The goal actually states "increasing residential density and providing
affordable housing for a variety of incomes.' This theme of providing affordable housing is
noted throughout all sub-areas. The reference to increasing residential densities is aimed
Planning and Zoning Board' . ff Report
Cottages at Banyan Village - .-LUM Amendment and Rezoning
Page 5
at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development,
housing rehabilitation and code enforcement are recommended. The Redevelopment Plan
further states that creative financing and resource development will be required to deliver
the product envisioned by community stakeholders without pricing current residents out of
the rental and home ownership market. Sub-area #5 is not located within an area
specifically recommended for land use actions which would increase residential density, nor
is it the intent of this applicant to provide affordable housing on the subject property. The
City Commission is currently considering actions which will implement the portion of the
Redevelopment Plan (increasing residential densities) referenced by the applicant. These
actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable
housing envisioned in the plan. Based upon the above, the applicant's opinion that the
goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment
and associated rezoning is unfounded. Consequently, positive findings with regard to this
Comprehensive Plan policy can not be made.
Housina Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If itis
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As discussed previously with the Concurrency analysis, the proposed new development will
increase traffic in the surrounding area; however this increase does not appear to be
substantial. The resulting increase in units will have little impact on the surrounding area
with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area
Neighborhood Redevelopment Plan notes that this development parcel is located in a
relatively stable neighborhood and "strongly recommends inlill development and
rehabilitation of existing structures. This strategy should increase the availability of
affordable housing options. " The introduction of incompatible multiple-family uses within this
area is unlikely to enhance stability. Further, if the resulting units were not affordable units,
the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the
above, positive findings with respect to this Comprehensive Plan policy can not be made.
Housina Element Policv 8-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need.
This policy is identified by the applicant in their justification statement indicating that 'Yhe
development proposal provides the desired type of moderately priced housing near the
downtown area." This policy refers to housing in general; not necessarily housing that is
moderately priced. This policy also is directed at housing in and near the downtown area,
whereas the subject property is located ten (10) city blocks from the outer edge of the
downtown. As previously stated, infill housing consistent with the prevailing single-family
land uses is appropriate. Further, affordable housing is a priority. While housing is a result
of the proposal it is neither the appropriate type nor intensity.
ODen SDace and Recreation Element Policv A-2.T: The City shall development a
program to establish small parks in neighborhoods. The program would include
identification of vacant or surplus parcels, and strategies to assure that the
neighborhood determines the parameters of the park and is responsible for
Planning and Zoning Board" . ff Report
Cottages at Banyan Village - ,-LUM Amendment and Rezoning
Page 6
construction and operating costs. Such strategies should rely heavily on existing
neighborhood associations as the originating, motivating and organizing forces.
This is another policy cited by the applicant in their justification statement. In this case the
applicant indicates that "as part of this development, a park and gathering spaces will be
provided." Based upon this Comprehensive Plan policy and the applicant's statement, the
conclusion that can be drawn is that a portion of the subject property is to be developed as
a neighborhood park. If this is not the case and a neighborhood park is not to be provided
with this development, it is highly doubtful that private amenities within the development will
be made available to those who live outside the development. In either case, this policy has
no possible bearing on the proposed FLUM amendment or rezoning.
¡:¡ Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The subject properties are bordered by single-family residential neighborhoods on the north,
south and west sides all having the same land use designation as the current designation of
the subject property (LD). The properties to the east, which make up the Silver Terrace
neighborhood, have various land use designations including General Commercial (GC),
Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east,
these are located more the 270' away given the combined rights-of-way for Swinton
Avenue, the F.E.C. Railroad, and Old Dixie Highway.
Compatibility with the adjacent single-family residential neighborhoods is a significant
concern. The proposed FLUM designation in association with the proposed rezoning would
allow a density of ten (10) dwelling units per acre on the subject property, which would be
out of character and incompatible with the existing lower density residential neighborhoods
that surround this property. A positive finding with respect to Compatibility can not be made
and the proposal should be denied.
¡:¡ Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the
City's Land Development Regulations. During the site plan review process the development
proposal will be reviewed for compliance with the LOR. The applicant has indicated intent to
develop the properties as a multiple-family townhouse development, which is permitted
under the requested RM-10 zoning district and compatible with the proposed MD FLUM
designalion. At this time no issues have been identified which would prohibit compliance
with the requirements of the RM zoning district. Given the above, a positive finding with
respect to compliance with the Land Development Regulations can be assumed.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis
Planning and Zoning Board ff Report
Cottages at Banyan Village - rLUM Amendment and Rezoning
Page 7
upon which a finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
LDR Section 3.2.2: Standards A, 8, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is 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 following neighborhoods, their zoning designations, sizes and densities border the subject
properties:
Zoning Number of
Desianation Residential Lots Total Acreaae Densitv
North Bellview Court R-1-A 26 4.84 5.37
Palm State Heights R-1-A 44 10.06 4.37
Noah's Comer R-1-A 11 3.14 3.50
South Southridge (Plat 1 ) R-1-A 94 16.11 5.83
East Silver Terrace SAD 70 12.4 5.64
West Sunset Park R-1-A 59 10.1 5.84
Average Density = 5.09
R-1-A - Sinale-Familv Residential I SAD = Soecial Activities District
The above table indicates that predominantly all of the surrounding single-family neighborhoods
have a density of approximately five (5) dwelling units per acre. It is further noted that the
majority of these neighborhoods are nonconforming with regard to minimum lot dimensions
and/or areas, which results in densities that would be slightly higher than permitted under the
present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton
Gardens), which is located at the northwest comer of Swinton Avenue and SW 10th Street
directly north of the subject property, has only recently been developed and conforms to all
minimum lot dimension and/or area requirements. The density of this single-family
neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries
and would be drastically less than the proposed multiple-family development. It is based upon
this analysis that the proposed rezoning would result in a land use that is incompatible with the
surrounding properties. Thus, positive findings with regard to LOR Section 3.2.2(0) can not be
made and furthermore positive findings with regard to overall consistency can not be made.
LDR Section 2.4.5(D) (5):
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, 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; or
Planning and Zoning Board ' ff Report
Cottages at Banyan Village - ...LUM Amendment and Rezoning
Page 8
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
"Two of the three reasons are applicable to this rezoning request. First, item (b) is
applicable because there has been a change in circumstances which makes the current
zoning of CF inappropriate. Second, item (c) is applicable because the requested
zoning of RM-10 is more appropriate for the property based upon circumstances
particular to the site and neighborhood".
"The proposal to rezone the property to RM-10 is to allow redevelopment of the property
for multiple-family purposes. The highest and best use of the property is multiple-family
units rather than single-family homes. . Given the location of the property and change of
circumstances such as the increases in the size of the Linton/Federal retail area, the
rezoning and development of other properties in the vicinity to multiple-family and the
continued escalation of single-family home prices in Palm Beach County, redevelopment
to single-family residences is problematic. To the east of the property are the railroad
tracks and across from the railroad tracks are some small business offices. Further
south is the Plaza at Delray shopping center. Further to the south of the proposed
development is the Tarmac Ready-Mix Plant which is neighbored by other
manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and
Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is
clearly visible from the site. Finally, further to the east of the property along SW 1e1"
Street, multiple-family housing (The Heritage Club) is in the process of being
constructed. Therefore, the development of multiple-family residences on the subject
properties is more logical as this type of residential use provides for a better transition
between commerciaVindustrial uses and single-family uses. Overall, a positive finding
can be made that the change of circumstances in the area makes the RM-10 zoning
district more appropriate than the current zoning".
According to the applicant, the basis for which the rezoning is being sought most closely relates
to reasons (b) and (c). However, as the current zoning of the properties is predominantly CF,
and the CF zoning designation is by definition compatible with all other zoning designations, no
change in circumstances is possible that would make the current zoning inappropriate. Even if
consideration was given to modify the designation given the change in ownership and
corresponding need for a change from a community facility to a residential use, a designation
consistent with the prevailing future land use designation of Low Density to the north, south and
west is clearly more appropriate. Accordingly, the only remaining justification for the proposed
rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low
Density land use designation, nor "more appropriate for the property based upon circumstances
particular to the site and/or neighborhood." As the subject properties are surrounded on three
sides by Low Density land use designations which contain single-family residential
neighborhoods, the proposal is clearly not more appropriate for the property. The most
appropriate zoning designation for the properties would be single-family residential (R-1-A), or
perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the
FLUM amendment, the resulting proposed development may have a destabilizing effect on the
surrounding neighborhood. Based upon the above, this request does not fulfill any of the
reasons identified under LOR Section 2.4.5(0) (5).
Planning and Zoning Board ff Report
Cottages at Banyan Village - .-LUM Amendment and Rezoning
Page 9
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Presidents Council
o Progressive Residents of Delray (P.R.O.D.)
o United Property Owner's Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed FLUM amendment from LD to MD and rezoning from CF and R-1-A to RM-10
are inconsistent with respect to the Comprehensive Plan and Land Development Regulations
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to
Compatibility as the proposal will result in a multiple-family development with densities that are
double or triple that of the surrounding single-family neighborhoods. Positive findings can also
not be made with regard to Consistency with the Comprehensive Plan, specifically Future Land
Use Element Policy A-1.7, which requires that there be a demonstrated need for the requested
land use. No data or analysis has been provided that indicates a shift in demographic trends,
no changes have occurred with regard to character and/or FLUM designations of the
surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by
amending the existing FLUM designation. Furthermore, the subject property is located within
sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future Land Use
Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill
development, housing rehabilitation and code enforcement are recommended. The
Redevelopment Plan further states that creative financing and resource development will be
required to deliver the product envisioned by community stakeholders without pricing current
residents out of the rental and home ownership market. Sub-area #5 is not located within an
area specifically recommended for land use actions which would increase residential density,
nor is it the intent of this applicant to provide affordable housing on the subject property.
Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed
FLUM amendment and associated rezoning and positive findings can not be made with respect
to Future Land Use Element Policy C-1.7. Additionally, the introduction of incompatible
multiple-family uses within this area is unlikely to enhance stability and if the resulting units
were not affordable units, the proposal may destabilize the neighborhood via a gentrifying
effect; therefore positive findings can not be made with regard to Housing Element Policy A-
12.3. Based upon the above, the proposed Future Land Use Map Amendment and associated
Rezoning application should be denied.
_lIIIi_~_
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A. Continue with direction.
Planning and Zoning Board 'ff Report
Cottages at Banyan Village - ,-LUM Amendment and Rezoning
Page 10
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations, subject to the following conditions:
o That a letter from the Palm Beach County School District is received stating that the
proposal complies with the adopted Level of Service for School Concurrency; and
o That a letter from the Palm Beach County Traffic Division is received stating that the
proposal complies with the Palm Beach County Traffic Performance Standards
Ordinance.
C. Move a recommendation of denial to the City Commission for the privately sponsored
request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan, specifically
Future Land Use Element Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7,
and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Move a recommendation of denial to the City Commission for the privately sponsored request
for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land
Use Element Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7, and Housing
Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1
and 3.2.2 of the Land Development Regulations.
Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map
staff Report Prepared by: Robert G. Tefft. Senior Planner
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PROPOSED FUTURE LAND USE MAP AMENDMENT
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PROPOSED REZONING
aN ~ BEACH R. FROM: R-1-A (SINGLE FAMILY RESIDENTIAL)AND CF (COMMUNITY FACIUTIES)
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PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF: ll.4162
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JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT
SUBJECT: MEETING OF JUNE 8, 2004
CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL
COMMERCIAL) TO CC (COMMERCIAL CORE) FOR PROPERTIES GENERALLY
LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE
BETWEEN NW/SW 1"' AVENUE (100 BLOCK) AND NW/SW 12'H AVENUE (1200
BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT.
The adopted Downtown Delray Beach Master Plan establishes a blueprint for the revitalization and
unification of the City's downtown area, which is generally defined as the entire business corridor from
1-95 to Ocean Boulevard (A-1-A) and is divided into three districts. The Master Plan includes several
general recommendations and a series of proposals for each of the three districts. The properties in
question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue
Redevelopment Area. The subject properties encompass 41.81 acres. Future development in the area
must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the
West Atlantic Avenue Redevelopment Plan (adopted in 1995).
The Future Land Use Map amendment is associated with a City initiated rezoning from GC (General
Commercial) to CBD (Central Business District), which has also been scheduled for this City
Commission meeting. The FLUM amendment and rezoning originally included the portion of the tennis
center property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development
of the property, the tennis center property is being eliminated from this Comprehensive Plan
Amendment. A separate Future Land Use Map amendment and rezoning for a portion of the property
to CBD may be considered with a future Comprehensive Plan Amendment. A full analysis of the
proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff
report.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in
conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to
the request that primarily related to concerns with displacing residences and property owners being
forced to sell their properties for redevelopment. It was further explained that the Future Land Use Map
amendment and associated rezoning of the existing commercially zoned properties to CBD was to
apply one continuous zoning designation for the downtown area and that it was not associated with any
specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend
approval of the proposed FLUM amendment and rezoning.
I
Move to approve on first reading the Future Land Use Map amendment from GC (General Commercial)
to CC (Commercial Core), by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Chapter 3 of the Land Development Regulations.
Attachments: Planning and Zoning Board staff report of May 17, 2004 \<:)ß .9.., '0
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: May 17, 2004 i
AGENDA ITEM: 1II.A.2.B.
ITEM: City initiated Future Land Use Map Amendmenl from GC (General Commercial) In Part
and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and
Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To
CBD (Central Business District) For Properties Generally Located on the North and
South Sides of Wesl Atlantic Avenue Between NW/SW 1st Avenue (100 Block) and
NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District
(Quasi-Judicial Hearing).
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.·GENERAL DATA:
Owner........................................... City Initiated
Location........... .......... ...... ...... ....... Generally located on the north and south sides of West Atlantic Avenue between
NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block)
Property Size................................. 42.88 Acres
Future Land Use Map.................... CF-P (Community Facilities-Public Building) & GC (General Commercial)
Proposed FLUM............................ CC (Commercial Core)
Current Zoning.............................. GC (General Cömmercial) & CF (Community Facilities)
PropOsed Zoning........................... CBD (Central Business District)
Adjacent Zoning..................North: GC (General Commercial)
East: GC & RM (Medium Density Residential)
South: RM
West: GC & RM
Existing Land Use........................ Commercially zoned properties and Tennis Center Parking Lot
Water Service............................... n/a
Sewer Service............................... n/a
IIIA2.B.
-
'.
.
The action before the Board is that of making a recommendation to the City Commission on
a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and
CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning
from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central
Business District) for properties generally located on the north and south sides of West
Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200
Block) within the West Atlantic Avenue Overlay District.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to
FLUM Amendments or Rezoning of any property within the City.
At its meeting of March 19,2002, the City Commission ado i>ted the Downtown Delray Beach
Master Plan, which establishes a blueprint for the revitalization and unification of the City's
downtown area. This area is generally defined as the entire business corridor from 1-95 to
Ocean Boulevard (A-1-A). The Master Plan divides the downtown business area into three
districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central
Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east
of the Intracoastal Waterway to the beach. The Mastér Plan includes several general
recommendations and a series of proposals for each of the three districts. Future
development in the area must be in accordance with the provisions of both the Downtown
Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in
1995).
The properties in question are located within the West Atlantic Neighborhood, which includes
the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General
Commercial) encompass 41.81 acres, While the propérty zoned CF (Community Facilities)
involves 1.07 acres (42.88 acres total).
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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 the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
-- ~--
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 2
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 designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Downtown De/ray Beach Master Plan. The proposed
FLUM amendments will assign a Future Land Use Map designation of CC (Commercial
Core) and the proposed rezoning to CBD (Central Business District) is consistent with this
FLUM designation. These changes will apply the same zoning designation that currently
exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning
districts accommodate mixed-use development. The CBD zoning is consistent with the CC
FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM
and zoning designations.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed
below.
Future land Use Element Policv A-1.7: Amendments to the Future land Use Map
(FlUM) must be based upon the findings listed below, and must be supported by data
and analysis that demonstrate compliance with these findings:
. Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FlUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FlUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FlUM changes associated with annexations when the City's advisory FlUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FlUM amendments.
The adopted Downtown Delray Beach Master Plan includes recommendations for
redevelopment of the subject properties. The proposed FLUM amendments and
associated rezonings will fulfill the following policies:
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan"
was adopted by the City Commission on March 19, 2002. Covering the downtown
business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it
represents the citizens' vision for the growth and unification of Delray Beach, while still
retaining the "village like, community by-the-sea" character of the CBD. The Plan
addresses a wide range of issues including infill development, neighborhood parks,
shared parking, public art, the roadway and alleyway systems, marketing/economic
development, and the need to modify the Land Development Regulations to include
design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 3
The above policy and adopted Downtown Delray Beach Master Plan characterizes the
City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor,
between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens'
vision for the growth and unification of Delray Beach. It represents the ultimate growth
and form of the community and the creation of a recognizable and seamless center for
our city. During the development of the Master Plan three neighborhoods and districts
were identified for the downtown area: The West Atlantic Neighborhood, The Central
Core, and the Beach District. The goal is to include these districts within one zoning
classification - the CBD (Central Business District). Besides the changes to the
commercial designation, the Master Plan includes general recommendations and a
series of proposals for each of the districts, which includes the Tennis Center frontage
associated with the FLUM amendment and Rezoning request.
The Master Plan specifically addresses the parking lot in front of the Tennis Center and
the need for filling in this gap along the Avenue. The parking lot is seldom used to its
maximum capacity, except during special events and for a few days during the season.
While the Center is a positive addition to the City, the 600' expanse of parking along
Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly
environment. This unfriendly environment impacts the physical structure of the Avenue
and acts as a barrier between the West Atlantic Neighborhood and the Commercial
Core, which reinforces the perceived social barriers.
The Master Plan proposes the construction of three liner buildings on this parking lot
fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center
clubhouse building. However, the CF regulations do not accommodate the mix of
commercial and residential uses envisioned for this frontage. Improvements pursuant to
the Plan will have a positive influence and will make the pedestrian transition between
the two districts more inviting and uninterrupted.
In addition to the above, a directive of the Downtown Delray Beach Master Plan was to
create design guidelines (LDRs)to guide future development in the downtown area in a
manner that will preserve the character of the area. The City has recently adopted the
design guidelines which have requirements that relate specifically to the three districts
referenced above. The intent is apply one zoning designation (CBD) for the downtown
area, which will have the three distinctive sub-areas/districts. The adoption of the design
guidelines and the proposed rezoning to CBD are just couple of the many
recommendations and strategies called for in the Plan to address goal for unity, while
guiding the revitalization and redevelopment of the City's downtown.
Future Land Use Element Policv C-1.5: The following pertains to the Atlantic Avenue
Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton
Avenue. The present land uses in this area include single famify homes, duplexes, mini-
parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered
vacant parcels.
The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on
July 11, 1995. The plan establishes Future Land Use Map designations, zonings,
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Allantic Avenue Overlay District
Page 4
special development standards, and design guidelines for the Redevelopment Area.
Future development in the area must be in accordance with the provisions of the
redevelopment plan. ..
The plan calls for pedestrian orientation and no parking between structures and the
Atlantic Avenue right-of-way, with a preference for parking located to the rear of any
structure. While the parking at the tennis center was not specifically referenced within the
West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for
each block with commercial zoning along the Avenue. These plans were based upon
vital, urban design principles including the principle that buildings on the Avenue should
be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in
the rear.
. Consistency -- The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal will be consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5
and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West
Atlantic Avenue Redevelopment Plan.
. Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and
CF to CBD will accommodate development at the same intensity as that which can occur
under the current designations. In essence, the change is from one commercial
designation to another with the same development potential. Development under either
the GC or CBD scenario will accommodate the same intensity of development consistent
with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue
Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently
allows similar and even more intense uses than are accommodated within the proposed
CBDzoning district. The uses allowed under the CF-P (Community Facilities - Public
Buildings) Future Land Use Map designation and the CF zoning dis~rict can
accommodate large venues that are more regionally-oriented from a traffic perspective
(Le. the Tennis Center Stadium) while the uses allowed in the CBD are typically more
locally oriented.
City facilities such as water, sewer, and drainage have sufficient capacity to handle
development of this area at the potential development intensity allowed under the
proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing
County facilities. As the majority of the properties are located in the TCEA
(Transportation Concurrency Exception Area) and are changing to a land use designation
of similar development potential, traffic is not an issue.
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at bui/d-out to meet the
adopted standards': A park impact fee is collected to offset any impacts that individual
projects may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- Wesl Atlantic Avenue Overlay District
Page 5
park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a
building permit for each residential unit. School concurrency will be addressed with future
proposals for residential development; however no problems are anticipated.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
. Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As previously stated, the FLUM amendments and rezonings for these properties generally
involve the change in zoning from one commercial zoning designation to another with the
same development potential. The proposal does not expand the commercial boundaries
from those that currently exist, except with regard to the tennis center frontage, which is
within the commercial corridor.
Based upon the above, the proposed FLUM amendments and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and á positive
finding with respect to compatibility can be made.
. Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the requested designation shall comply with the provisions
and requirements of the Land Development Regulations. Compliance with the Land
Development Regulations will be further addressed with review of a conditional use or site
plan request as applicable.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to 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 the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards
for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for DetermininQ Consistencv): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Allantic Avenue Overlay Dislrict
Page 6
sections as well as compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall
consistency [Section 3.1.1(C)) is to be made. However, exclusion from this Article shall
not be a basis for not allowing consideration of other objectives and policies found in
the adopted Comprehensive Plan in the making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
As previously stated, the FLUM designations and zoning classifications for the subject
properties are being amended pursuant to the adopted Downtown Delray Beach
Master Plan. As discussed under Future Land Use Element Policy A-1.7, the
proposed FLUM and zoning designations are compatible with the existing and future
land uses of the surrounding area, and a positive finding with respect to compatibility
can be made. Also, there are development regulations currently in place to mitigate
any potential impacts with adjacent properties.
Section 2.4.5(D)(5) (RezoninQ FindinQs):
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 the site and/or neighborhood.
The appropriate reasons for the proposed rezonings are "b" and "c": based on the following:
The proposed rezonings are required to implement the provisions of the Downtown Delray
Beach Master Plan. In order to implement the development scenarios identified in the Plan,
rezoning of the subject properties is appropriate as there has been a change in
circumstances which make the current zoning inappropriate. The requested zoning is of
similar intensity and is more appropriate given the direction identified in the Comprehensive
Plan.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning 10 CBD-- West Atlantic Avenue Overtay District
Page 7
COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be addressed
by the body taking final action on a land development application/request.
No formal land development application has been received for the subject property. Any
proposed development will need to comply with the land Development Regulations.
Community Redevelopment Aqency:
At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the
FLUM amendments and rezonings to Central Business District (CBD).
Downtown Development Authority
At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM
amendments and rezonings to Central Business District (CBD).
West Atlantic Redevelopment Coalition
At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the
FLUM amendments and rezonings to Central Business District (CBD).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Atlantic Park Gardens · Paradise Heights
· Chamber of Commerce · PROD (Progressive Residents of Delray)
- Delray Merchants Association President's Council
· ·
· Ebony of Delray · West Settlers Historic District
· Gateway · West Side Heights
· Lincoln Park
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters of support and objection, if any,
will be presented at the Planning and Zoning Board meeting.
The FLUM designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings
can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 6
the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed
FLUM amendments and rezonings can be recommended for approval based on the findings
outlined in this report.
A. Continue with direction.
B. Recommend to the City Commission approval of Future Land Use Map Amendment
from GC (General Commercial) in part and CF-P (Community Facilities-Public
Buildings) in part to CC (Commercial Core) and Rezoning from GC (General
Commercial) in part and CF (Community Facilities) in part to CBD (Central Business
District), for properties generally located on the north and south sides of West Atlantic
Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200
Block) within the West Atlantic Avenue Overlay District, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria .set forth in
Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations.
C. Recommend denial of the Future Land Use Map Amendment from GC (General
Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and Rezoning From GC (General Commercial) in part and CF
(Community Facilities) in part to CBD (Central Business District) for properties
generally located on the north and south sides of West Atlantic Avenue between
NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the
West Atlantic Avenue Overlay District, by finding that the request and approval
thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth
in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations.
Recommend to the City Commission approval of Future Land Use Map Amendment from GC
(General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and Rezoning from GC (General Commercial) in part and CF
(Community Facilities) in part to CBD (Central Business District), for properties ~enerally
located on the north and south sides of West Atlantic Avenue between NW/SW 1s Avenue
(100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay
District, by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations.
Attachments:
. Current & Proposed Future Land Use Map
. Current & Proposed Zoning Map
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444
TELEPHONE 5611243-7090· FACSIMILE 561/278-4755
DELIA Y BEACH Write(s Direct Line: 561/243-7091
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AWIMcI ca,
~IIJ! MEMORANDUM
DATE: May 27, 2004
TO: David Harden, 9!Y-Manager
I\- - ,
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Skateboard Ordinance No. 26-04
The Commission discussed this proposed ordinance at its April 13, 2004 meeting.
The substance of the discussion centered on the issue of how broad should this
ordinance be. Should it apply only to Veterans Park and Old School Square or
should it also apply to other parks? The Commission gave direction to confer with
Joe Weldon to see if he is experiencing this problem in other parks.
After checking with Joe, it still appears that the only problem is in and around
Veterans Park, including the fountain, benches and railings. I have modified the
ordinance to prohibit skateboards on these other features in Veterans Park and
Old School Square as well as providing that skateboards shall be prohibited in any
areas in which signs are posted prohibiting skateboards which can apply to any
park that the City is experiencing a similar problem. This addresses the
Commissions concern that if other problem areas arise in the future, this ordinance
will not need to be amended each and every time to include the new area.
I have attached the revised ordinance for your review. Please give me a call if you
have any questions.
Attachment
cc: Barbara Garito, City Clerk
Joe Weldon, Director of Parks and Recreation
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~._- .-- -
-
ORDINANCE NO. 26-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES
AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE
PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH
SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, skateboarding can cause damage to sidewalks, walkways, steps and other areas over
which they traverse; and
WHEREAS, skateboards have caused particular damage to the outside areas of Veterans Park and
Old School Square; and
WHEREAS, the City Commission has detennined it to be in the City's best interest to prohibit
skateboards in these areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 132, "Offenses against Public Peace and Safety", Section 132.09,
"Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Beach, Florida, be
and the same is hereby amended to read as follows:
Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED.
It shall be unlawful for any person upon roller skates, skateboards, bicycles or riding in or by any
means of any coaster, toy vehicle, play vehicle or similar device:
(A) With the exception of bicycles, to go upon any sidewalk along Atlantic Avenue between
State Road AlA on the east and 1-95 on the west: all sidewalks. walkwavs, railings. stens.
fountains, benches. structures. or anv other imDroved surface located in Veterans Park: all
sidewalks. walkwavs, stens. railings. fountains, stage area or anv other imDroved surface
located at Old School Sauare: or anv other City owned DroDertv or Dark or Dart thereof. in
which s¡¡!IIs Drohibiting such use are Dosted.
(B) To operate said devices in a reckless manner on any public sidewalk. No person shall ride a
skateboard or roller skate on a sidewalk without exercising due care for the safety of others
using the sidewalk.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
,2004.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
~'o-O\\
2 ORD. NO. 28 sa
-
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TO: DAVID T. HARDEf~~
THRU: PAUL DORLlNG, IRECTOR OF P '/II. NING AND ZONING
FROM: ROBERT G. TEFFT, SENIOR PLANNER~.ø91~
SUBJECT: MEETING OF JUNE 8, 2004
PRIVATELY SPONSORED REZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1-A)
AND COMMUNITY FACILlIES (CF) TO MEDIUM DENSITY RESIDENTIAL - 10 DUlAC
(RM-10) FOR THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF
SWINTON AVENUE AND SW 10TH STREET.
The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels
located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently
zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. The entire subject
property was at one time zoned R-1-A, however at its meeting of February 6, 1996, the City Commission
approved the rezoning of a 7.84 acre parcel from R-1-A to CF to accommodate the Full Gospel
Assembly Church. The parcels that remained R-1-A each contained residential structures. The Full
Gospel Assembly Church never established operations on the subject property and the CF zoned
property remains vacant. The R-1-A properties were recently cleared in anticipation of future property
development as a multiple-family townhouse project.
An application has been submitted for a rezoning from R-1-A and CF to RM-10. Additional background
and an analysis of the rezoning and associated FLUM amendment are provided in the attached Planning
and Zoning Board staff report.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with
the FLUM amendment and rezoning requests. After reviewing the staff report and discussing the
proposal, the Board voted 3-1 (Peltzie dissenting) to recommend that the requests be denied, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(0)
(5) and 3.2.2 of the Land Development Regulations.
Move a recommendation of denial to the City Commission for the privately sponsored request for a
rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan
and does not meet the criteria set forth in Sections 2.4.5(0) (5) and 3.2.2 of the Land Development
Regulations.
Attachments: Planning and Zoning Board Staff Report of May 17, 2004, and Ordinance by Others
\;ìß
_u__._______ -_._-,----
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: May 17, 2004
AGENDA ITEM: III. A. (2. a.)
ITEM: Future Land Use Map Amendment from Low Density Residential 0-5 du/ac
(LD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from
Single-Family Residential (R-1-A), in part, and Community Facilities (CF), in
part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial
Hearing).
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Owner I Applicant.................. Balestrieri Development Corp. S£.8lHST.
Agen!............................... Weiner & Aronson, P.A. 2 2
Location................................ Southwest Corner of Swinton N z ~
8TH COURT ~
~
Avenue and SW 10th Street -
Property Size......................... 8.96 Acres "
.;
Current FLUM Designation.... low Density Residential 0-5 du/ac , .
(lD)
Proposed FLUM Medium Density Residential 5-12 "
0
Designation....................... du/ac (MD) ¡¡¡
i>:'
Current Zoning................... Single-Family Residential (R-1-A) 0.:
and Community Facililies (CF)
Proposed Zoning................ Medium Density Residential 10
du/ac (RM-10)
Adjacent Zoning..... North: Single-Family Residential (R-1-A) ..n
South: Single-Family Residential (R-1-A)
0
East: Special Activities District (SAD) 0
-~ ~
West: Single-Family Residential (R-1-A) >
Existing land Use................. Vacant
Proposed Land Use.............. FlUM Amendment from lD to
MD and Rezoning from R-1-A, in ŒNIRAl"'\'E.
part, and CF, in part, to RM-10 as "-'
part of Comprehensive Plan "
Amendment 2004-02 Ci
COlt./t(SA'ÆNUE
Water Service....................... N/A
Sewer Service....................... N/A
THE
. a PLAZA
~ AT
0 DEtRAY
COUNTY
SAN/fA rrON
N
III. A (2. a.)
--
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential
(LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-1-A)
and Community Facilities (CF) to Medium Density Residential- 10 dwelling units per acre (RM-
10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the. City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The subject properties total approximately 8.96 acres and include multiple platted and unplatted
parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties
are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
Each of the subject properties were at one time zoned R-1-A, however at its meeting of
February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-1-A
to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-1-A
each contained residential structures, while the now CF zoned parcel was vacant. The Full
Gospel Assembly Church never established operations on the subject property and has
continued to remain vacant.
The subject properties were recently sold and subsequently cleared in anticipation of future
property development as a multiple-family townhouse project. An application is now before the
Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-1-A and CF to
RM-10.
This FLUM Amendment is being processed pursuant to the twice a year statutory limits for
consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment
2004-02.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lDR Section 3.1.1, prior to approval of land Use 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
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
a 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 proposed Medium Density Residential- ten (10) dwelling units per acre (RM-10) zoning
district is consistent with the proposed Medium Density Residential (MD) FLUM designation.
Planning and Zoning Board· ff Report
Cottages at Banyan Village - rLUM Amendment and Rezoning
Page 2
Multiple-family townhouse developments are allowed in an RM-10 zoning district as a
permitted use at a base rate of six (6) units per acre. Increases above that density are only
allowed if the subsequent development substantially complies with the performance
standards listed in LDR Section 4.4.6(1). Based on the above, positive findings can be
made with respect to FLUM consistency.
1:1 Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from LD to MD on several adjoining
parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result
in an increased impact on adopted concurrency standards. Concurrency findings with
respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a
park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the
maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park
impact fee of $44,500.00.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District must
approve the development proposal for compliance with the adopted Level of Service for
School Concurrency. Verification from the Palm Beach County School District is pending
and the receipt of a written finding of approval from the School District is attached as a
condition of approval.
Solid Waste: The subject properties are presently vacant and therefore currently have no
impact on this level of service standard. Assuming the proposed maximum density (10
du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase
can be accommodated by existing facilities and thus, will not have a significant impact on
this level of service standard.
Traffic: The applicant has submitted a traffic study based upon the maximum potential
density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is
noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The
subject properties current FLUM designation of LD would permit maximum densities that
would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic
study, the proposed FLUM would allow for a development generating 48 AM and 56 PM
peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the
submitted traffic study has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Palm Beach County Traffic Perfonnance Standards Ordinance must be
received and is attached as a condition of approval. It is anticipated that the proposal will
meet traffic concurrency standards. Based upon the above condition of approval being
addressed, a positive finding with respect to traffic concurrency can be made.
Water and Sewer: Water service can be provided to the site via connection to a 6" water
main located within the SW 10th Street right-of-way (north side of the property), a 2" water
main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8"
water main located within the Swinton Avenue right-of-way (east side of the property). It is
noted that the 2" water mains may need to be upgraded with the future development of the
Planning and Zoning Board ff Report
Cottages at Banyan Village - rl..UM Amendment and Rezoning
Page 3
property. Sewer service can be provided to the site via connection to a sanitary sewer main
located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure
adequate fire suppression, fire hydrants will need to be provided within the development.
However, it is noted that fire hydrants exist immediately to the northwest and northeast of
the property across SW 10th Street, to the northeast of the property across Swinton
Avenue, and to the southeast of the property across Reigle Avenue.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted level of service standard at the City's build-out population, based upon
the current FLUM. The proposed FLUM Amendment from LD to MD will increase the
demand on these public services; however adequate capacity exists to accommodate the
proposal. Thus, a positive finding with respect to this level of service standard can be
made.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain only one significant environmental characteristic, a large
Banyan tree located at the northeast corner of the site. This Banyan tree plays an important
role in the character of the property and must be incorporated into the design of any future
development proposal for the site. While the proposed development of the property will
certainly provide additional housing, it is multiple-family vs. single-family and twice the
density of the surrounding single-family land uses to the north, south and west. To the east
is Swinton Avenue, the F.E-C. Railroad, Old Dixie Highway and a mixture of uses including
office, automotive repair, and single-family dwellings. The automotive repair use is currently
nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for
neighborhood commercial uses. While the applicant cites the conditions to the east to
justify compatibility, these uses are over 270' away given the combined rights-of-way.
Given the above, the proposed use and intensity are not complementary to adjacent uses
and therefore constitute grounds to deny the proposed amendment. These concerns are
also discussed later with the compatibility analysis of the FLUM amendment.
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need - That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
Planning and Zoning Board' -- ff Report
Cottages at Banyan Village - ..-LUM Amendment and Rezoning
Page 4
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The subject property is comprised of several adjoining parcels of land totaling approximatel~
8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10
Street and Swinton Avenue). The proposal associated with these properties would change
the FLUM designation from LD to MD.
The applicant has not provided any data or analysis as to a shift in demographic trends or
other circumstances that would support a change to the existing FLUM designation. No
changes have occurred immediately adjacent to this parcel which would alter the character
andlor FLUM designations of the surrounding area. In fact, the latest change that has
occurred was immediately to the north and resulted in the development of affordable single-
family homes. This change would support the retention of the existing Low Density land use
designation. The applicant has cited numerous Comprehensive Plan objectives and
policies; however none of these objectives or policies would be fulfilled by amending the
existing FLUM designation. Without any data or analysis in support of, or fulfillment of
Comprehensive Plan objective or policy, there is no demonstrated need for the requested
FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the
proposed FLUM amendment.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area iSJf,enerallY defined as the area bounded by West Atlantic Avenue on the
north, SW 1 Street on the south, Interstate-95 on the west, and Swinton Avenue on
the east.
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization Map
contained in the Housing Element.
The Southwest Area Neighborhood Plan was adopted by the City Commission at its
meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and
stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is
divided into five sub-areas based upon current and proposed land uses. The sub-
areas serve to define potential boundaries for the phased implementation of the
various plan components. Future development in the area must be in accordance
with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is
identified as "infill area" consisting of relatively stable residential neighborhoods that are
experiencing some deterioration, but do not require substantial redevelopment to achieve
community livability goals.
The applicant indicates in their justification statement that "increasing residential density and
providing affordable and diverse housing for a variety of incomes is a primary goal" of the
Redevelopment Plan. The goal actually states "increasing residential density and providing
affordable housing for a variety of incomes." This theme of providing affordable housing is
noted throughout all sub-areas. The reference to increasing residential densities is aimed
Planning and Zoning Board' ff Report
Cottages at Banyan Village - ;-t.UM Amendment and Rezoning
Page 5
at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development,
housing rehabilitation and code enforcement are recommended. The Redevelopment Plan
further states that creative financing and resource development will be required to deliver
the product envisioned by community stakeholders without pricing current residents out of
the rental and home ownership market. Sub-area #5 is not located within an area
specifically recommended for land use actions which would increase residential density, nor
is it the intent of this applicant to provide affordable housing on the subject property. The
City Commission is currently considering actions which will implement the portion of the
Redevelopment Plan (increasing residential densities) referenced by the applicant. These
actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable
housing envisioned in the plan. Based upon the above, the applicant's opinion that the
goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment
and associated rezoning is unfounded. Consequently, positive findings with regard to this
Comprehensive Plan policy can not be made.
Housina Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As discussed previously with the Concurrency analysis, the proposed new development will
increase traffic in the surrounding area; however this increase does not appear to be
substantial. The resulting increase in units will have little impact on the surrounding area
with regard to noise, odors, dust, andlor circulation patterns. The Southwest Area
Neighborhood Redevelopment Plan notes that this development parcel is located in a
relatively stable neighborhood and ·strongly recommends infill development and
rehabilitation of existing structures. This strategy should increase the availability of
affordable housing options." The introduction of incompatible multiple-family uses within this
area is unlikely to enhance stability. Further, if the resulting units were not affordable units,
the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the
above, positive findings with respect to this Comprehensive Plan policy can not be made.
Housina Element Policv 8-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need.
This policy is identified by the applicant in their justification statement indicating that '1he
development proposal provides the desired type of moderately priced housing near the
downtown area." This policy refers to housing in general; not necessarily housing that is
moderately priced. This policy also is directed at housing in and near the downtown area,
whereas the subject property is located ten (10) city blocks from the outer edge of the
downtown. As previously stated, infill housing consistent with the prevailing single-family
land uses is appropriate. Further, affordable housing is a priority. While housing is a result
of the proposal it is neither the appropriate type nor intensity.
Ooen Soace and Recreation Element Policv A-2.T: The City shall development a
program to establish small parks in neighborhoods. The program would include
identification of vacant or surplus parcels, and strategies to assure that the
neighborhood determines the parameters of the park and is responsible for
Planning and Zoning Board' . tf Report
Cottages at Banyan Village - .-t.UM Amendment and Rezoning
Page 6
construction and operating costs. Such strategies should rely heavily on existing
neighborhood associations as the originating, motivating and organizing forces.
This is another policy cited by the applicant in their justification statement. In this case the
applicant indicates that "as part of this development, a park and gathering spaces will be
provided." Based upon this Comprehensive Plan policy and the applicant's statement, the
conclusion that can be drawn is that a portion of the subject property is to be developed as
a neighborhood park. If this is not the case and a neighborhood park is not to be provided
with this development, it is highly doubtful that private amenities within the development will
be made available to those who live outside the development. In either case, this policy has
no possible bearing on the proposed FLUM amendment or rezoning.
o Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The subject properties are bordered by single-family residential neighborhoods on the north,
south and west sides all having the same land use designation as the current designation of
the subject property (LD). The properties to the east, which make up the Silver Terrace
neighborhood, have various land use designations including General Commercial (GC),
Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east,
these are located more the 270' away given the combined rights-of-way for Swinton
Avenue, the F.E.C. Railroad, and Old Dixie Highway.
Compatibility with the adjacent single-family residential neighborhoods is a significant
concern. The proposed FLUM designation in association with the proposed rezoning would
allow a density of ten (10) dwelling units per acre on the subject property, which would be
out of character and incompatible with the existing lower density residential neighborhoods
that surround this property. A positive finding with respect to Compatibility can not be made
and the proposal should be denied.
[J Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the
City's Land Development Regulations. During the site plan review process the development
proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to
develop the properties as a multiple-family townhouse development, which is permitted
under the requested RM-10 zoning district and compatible with the proposed MD FLUM
designation. At this time no issues have been identified which would prohibit compliance
with the requirements of the RM zoning district. Given the above, a positive finding with
respect to compliance with the Land Development Regulations can be assumed.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis
Planning and Zoning Board ff Report
Cottages at Banyan Village - rLUM Amendment and Rezoning
Page 7
upon which a finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(0) 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 following neighborhoods, their zoning designations, sizes and densities border the subject
properties:
Zoning Number of
Desianation Residential Lots Total Acreaae Densitv
North Bellview Court R-1-A 26 4.84 5.37
Palm State Heights R-1-A 44 10.06 4.37
Noah's Corner R-1-A 11 3.14 3.50
South Southridge (Plat 1) R-1-A 94 16.11 5.83
East Silver Terrace SAD 70 12.4 5.64
West Sunset Park R-1-A 59 10.1 5.84
Average Density = 5.09
R-1-A - Sinole-Familv Residential I SAD - Special Activities District
The above table indicates that predominantly all of the surrounding single-family neighborhoods
have a density of approximately five (5) dwelling units per acre. It is further noted that the
majority of these neighborhoods are nonconforming with regard to minimum lot dimensions
and/or areas, which results in densities that would be slightly higher than permitted under the
present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton
Gardens), which is located at the northwest corner of Swinton Avenue and SW 10" Street
directly north of the subject property, has only recently been developed and conforms to all
minimum lot dimension and/or area requirements. The density of this single-family
neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries
and would be drastically less than the proposed multiple-family development. It is based upon
this analysis that the proposed rezoning would result in a land use that is incompatible with the
surrounding properties. Thus, positive findings with regard to LOR Section 3.2.2(0) can not be
made and furthermore positive findings with regard to overall consistency can not be made.
LOR Section 2.4.5(0) (5):
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, 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; or
Planning and Zoning Board', ff Report
Cottages at Banyan Village - ..LUM Amendment and Rezoning
Page 8
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site andlor neighborhood.
The following is an excerpt from the applicant's justification statement:
"Two of the three reasons are applicable to this rezoning request. First, item (b) is
applicable because there has been a change in circumstances which makes the current
zoning of CF inappropriate. Second, item (c) is applicable because the requested
zoning of RM-10 is more appropriate for the property based upon circumstances
particular to the site and neighborhood".
"The proposal to rezone the property to RM-10 is to allow redevelopment of the property
for multiple-family purposes. The highest and best use of the property is multiple-family
units rather than single-family homes. Given the location of the property and change of
circumstances such as the increases 'in the size of the Linton/Federal retail area, the
rezoning and development of other properties in the vicinity to multiple-family and the
continued escalation of single-family home prices in Palm Beach County, redevelopment
to single-family residences is problematic. To the east of the property are the railroad
tracks and across from the railroad tracks are some small business offices. Further
south is the Plaza at Delray shopping center. Further to the south of the proposed
development is the Tarmac Ready-Mix Plant which is neighbored by other
manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and
Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is
clearly visible from the site. Finally, further to the east of the property along SW 1e1'
Street, multiple-family housing (The Heritage Club) is in the process of being
constructed. Therefore, the development of multiple-family residences on the subject
properties is more logical as this type of residential use provides for a better transition
between commerciaVindustrial uses and single-family uses. Overall, a positive finding
can be made that the change of circumstances in the area makes the RM-10 zoning
district more appropriate than the current zoning~
According to the applicant, the basis for which the rezoning is being sought most closely relates
to reasons (b) and (c). However, as the current zoning of the properties is predominanUy CF,
and the CF zoning designation is by definition compatible with all other zoning designations, no
change in circumstances is possible that would make the current zoning inappropriate. Even if
consideration was given to modify the designation given the change in ownership and
corresponding need for a change from a community facility to a residential use, a designation
consistent with the prevailing future land use designation of Low Density to the north, south and
west is clearly more appropriate. Accordingly, the only remaining justification for the proposed
rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low
Density land use designation, nor "more appropriate for the property based upon circumstances
particular to the site and/or neighborhood." As the subject properties are surrounded on three
sides by Low Density land use designations which contain single-family residential
neighborhoods, the proposal is clearly not more appropriate for the property. The most
appropriate zoning designation for the properties would be single-family residential (R-1-A), or
perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the
FLUM amendment, the resulting proposed development may have a destabilizing effect on the
surrounding neighborhood. Based upon the above, this request does not fulfill any of the
reasons identified under LOR Section 2.4.5(0) (5).
Planning and Zoning Board· ff Report
Cottages at Banyan Village - ,-LUM Amendment and Rezoning
Page 9
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Presidents Council
o Progressive Residents of Delray (P.R.O.D.)
o United Property Owner's Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed FLUM amendment from LD to MD and rezoning from CF and R-1-A to RM-10
are inconsistent with respect to the Comprehensive Plan and Land Development Regulations
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to
Compatibility as the proposal will result in a multiple-family development with densities that are
double or triple that of the surrounding single-family neighborhoods. Positive findings can also
not be. made with regard to Consistency with the Comprehensive Plan, specifically Future Land
Use Element Policy A-1. 7, which requires that there be a demonstrated need for the requested
land use. No data or analysis has been provided that indicates a shift in demographic trends,
no changes have occurred with regard to character and/or FLUM designations of the
surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by
amending the existing FLUM designation. Furthermore, the subject property is located within
sub-area #5 of the Southwesl Area Neighborhood Redevelopment Plan [ref. Future Land Use
Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill
development, housing rehabilitation and code enforcement are recommended. The
Redevelopment Plan further states that creative financing and resource development will be
required to deliver the product envisioned by community stakeholders without pricing current
residents out of the rental and home ownership market. Sub-area #5 is not located within an
area specifically recommended for land use actions which would increase residential density,
nor is it the intent of this applicant to provide affordable housing on the subject property.
Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed
FLUM amendment and associated rezoning and positive findings can not be made with respect
to Future Land Use Element Policy C-1.7. Additionally, the introduction of incompatible
multiple-family uses within this area is unlikely to enhance stability and if the resulting units
were not affordable units, the proposal may destabilize the neighborhood via a gentrifying
effect; therefore positive findings can not be made with regard to Housing Element Policy A-
12.3. Based upon the above, the proposed Future Land Use Map Amendment and associated
Rezoning application should be denied.
A. Continue with direction.
-----.-
Planning and Zoning Board' 'ff Report
Cottages at Banyan Village - .-LUM Amendment and Rezoning
Page 10
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations, subject to the following conditions:
o That a letter from the Palm Beach County School District is received stating that the
proposal complies with the adopted Level of Service for School Concurrency; and
o That a letter from the Palm Beach County Traffic Division is received stating that the
proposal complies with the Palm Beach County Traffic Performance Standards
Ordinance.
C. Move a recommendation of denial to the City Commission for the privately sponsored
requesi for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan, specifically
Future Land Use Element Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7,
and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Move a recommendation of denial to the City Commission for the privately sponsored request
for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land
Use Element Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7, and Housing
Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1
and 3.2.2 of the Land Development Regulations.
Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map
staff Report Prepared by: Robert G. Tefft, Senior Planner
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PLANNtNO & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF: LU162
ORDINANCE NO. 30-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM-
10 (MEDIUM DENSITY RESIDENTIAL-IO UNITS PER ACRE)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT
THE SOUTHWEST CORNER OF SW 10TH STREET AND SOUTH
SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; 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 2003 as being zoned R-I-A (Single Family Residential)
in part and CF (Community Facilities) District in part; and
WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 3 to I
to recommend denial of the rezoning of Ihe property hereinafter described, based upon a failure to
make positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect Ihe revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Deiray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM-I 0 (Medium Density Residential -
10 units per acre) District for the following described property:
The West 175 feet of the North 120.9 feet of the East half (E Y2) of Lot 13, Seclion 20,
Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 40 feet thereof for right of-way of SW 10th Street and also less the West 10
feet thereof.
Together With
The East 188.74 feet of the North Quarter (N Y-,) of the East half (E \12) of Lot 13, Section
20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I, Page
4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the
East 33 feet thereof for right-of-way of South Swinton Avenue.
Together With
The West 194.74 feet of the East 487.74 feet of the North half (N \12) of the Northeast
quarter (NE Y-,) of Lot 13, Section 20, Township 46 South, Range 43 East according to the
Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book I Page 4 less the North 120.9 feet thereof.
Together With
The South half (S \12) of the North half (N \12) of the East half of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I, Page 4,
less the West 10 feet thereof and also less therefrom that portion conveyed to the City of
Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton
Avenue.
Together With
The West 99 feet of the East 287.74 feet of the North quarter (N Y-,) of the East half(E \12) of
Lot 13, Section 20, Township 46 South, Range 43 East, less Ihe East 15 feet of the South 85
feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book I Page 4 and also less the North
40 feet thereof for right-of-way of SW loth Street.
Together With
The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13,
of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County,
Florida, in Plat Book I, Page 4, Public Records of Palm Beach County, Florida, less the
North 35 feet thereof.
2 ORD NO. 30-04
Together With
The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 35 feet thereof for right-of-way SW 10th Slreet.
Together With
Lots I through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach,
Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or
quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which
quantity ofland comprises of the 50 foot right-of-way on SW 10th Court, less that portion of
the subject property included in the widened right-of-way of South Swinton Avenue, as
described by deed recorded in Official Records Book 1659, Page 937, Public Records of
Palm Beach County, Florida.
Together With
The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet ofthe North
quarter (N v.) of the East half (E Y2) of Lot 13, Section 20, Township 46 South, Range 43
East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an
and for Palm Beach County, Florida, in Plat Book 3, Page 4.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to confonn 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.
3 ORD NO. 30-04
Section 5. That this ordinance shall become effective immediately upon the effective date of
Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200 .
ATTEST MAYOR
City Clerk
First Reading
Second Reading
4 ORD NO. 30-04
.--...- '----
~
TO: DAVID T. HARD1""'~1
THRU: PAUL DORLlNG, DIRECTOR OF PL ING AND ZON~I
FROM:
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRE . 0
SUBJECT: MEETING OF JUNE 8, 2004
CITY-INITIATED REZONING FROM GC (GENERAL COMMERCIAL) TO CBD
(CENTRAL BUSINESS DISTRICn FOR PROPERTIES GENERALLY LOCATED ON
THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BETWEEN NW/SW
1ST AVENUE (100 BLOCK) AND NW/SW 12TH AVENUE (1200 BLOCK) WITHIN THE
WEST ATLANTIC AVENUE OVERLAY DISTRICT.
The adopted Downtown Delray Beach Master Plan establishes a blueprint for the revitalization and
unification of the City's downtown area, which is generally defined as the entire business corridor from
1-95 to Ocean Boulevard (A-1-A) and is divided into three districts. The Master Plan includes several
general recommendations and a series of proposals for each of the three districts. The properties in
question are located wilhin the West Atlantic Neighborhood, which includes the West Atlantic Avenue
Redevelopment Area. The subject properties encompass 41.53 acres. Future development in the area
must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the
West Atlantic Avenue Redevelopment Plan (adopted in 1995).
The rezoning is associated with a City initiated Future Land Use Map Amendment from GC (General
Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual
Comprehensive Plan Amendment 2004-2, which has also been scheduled for this City Commission
meeting. The FLUM amendment and rezoning originally included the portion of the tennis center
property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the
property, the tennis center property is being eliminated from this Comprehensive Plan Amendment.
Rezoning of a portion of the property to CBD may be considered with a future Comprehensive Plan
Amendment. A full analysis of the proposed FLUM amendment and rezoning is provided in the
attached Planning and Zoning Board staff report.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in
conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to
the request that primarily related to concerns with displacing residences and property owners being
forced to sell their properties for redevelopment. It was further explained that the rezoning of the
existing commercially zoned properties to CBD was to apply one zoning designation for the downtown
area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike,
Sowards & Walker absent) to recommend approval of the proposed rezoning.
Move to approve on first reading the rezoning from GC (General Commercial) to CBD (Central
Business District), by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(D)(5) and Chapter 3 of the Land Development Regulations.
Attachments: Planning and Zoning Board staff report of May 17. 2004 & Ordinance by Others \ .;,). C-
---------- ----,'.,...-
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT--
MEETING DATE: May 17. 2004
AGENDA ITEM: IIIA2.B.
ITEM: City inUiated Future Land Use Map Amendmenl from GC (General Commercial) In Part
and CF-P (Community FaCllnies-Public Buildings) In Part to CC (Commercial Core) and
Rezoning From GC (General Commercial) In Part and CF (Community Facilnies) To
CBD (Central Business District) For Properties Generally Located on the North and
South Sides of Wesl Allantic Avenue Between NW/SW 1" Avenue (100 Block) and
NW/SW 12th Avenue (1200 Block) Within Ihe West Atlantic Avenue Overlay District
(Quasi-Judicial Hearing).
......
.
.·GENERAL DATA:
Owner........................................... City Initiated
Location..... ....... ........... .... ............. Generally located on the north and south sides of West Allantic Avenue between
NW/SW 1" Avenue (100 Block) and NW/SW 12th Avenue (1200 Block)
Property Size................................. 42.88 Acres
Future Land Use Map.................... CF-P (Community Facilities-Public Building) & GC (General Commercial)
Proposed FLUM............................ CC (Commercial Core)
Current Zoning.............................. GC (General Commercial) & CF (Community Facilities)
Proposed Zoning........................... CBD (Central Business District)
Adjacent Zoning..................North: GC (General Commercial)
East: GC & RM (Medium Density Residential)
South: RM
West: GC & RM
Existing Land Use........................ Commercially zoned properties and Tennis Center Parking Lot.
Water Service............................... nla
Sewer Service............................... n/a
IIIA2.B.
I IT E MBEFOR'E THEB 0 Aft D <I
The action before the Board is that of making a recommendation to the City Commission on
a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and
CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning
from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central
Business District) for properties generally located on the north and south sides of West
Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 1ih Avenue (1200
Block) within the West Atlantic Avenue Overlay District.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to
FLUM Amendments or Rezoning of any property within the City.
I BACKGROUND I
At its meeting of March 19,2002, the City Commission adopted the Downtown Delray Beach
Master Plan, which establishes a blueprint for the revitalization and unification of the City's
downtown area. This area is generally defined as the entire business corridor from 1-95 to
Ocean Boulevard (A-1-A). The Master Plan divides the downtown business area into three
districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central
Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east
of the Intracoastal Waterway to the beach. The Master Plan includes several general
recommendations and a series of proposals for each of the three districts. Future
development in the area must be in accordance with the provisions of both the Downtown
Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in
1995).
The properties in question are located within the West Atlantic Neighborhood, which includes
the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General
Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities)
involves 1.07 acres (42.88 acres total).
I FUTÜRE LAND USENlAPAMENDMENTANALYSIS .n'
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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 the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 2
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 designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed
FLUM amendments will assign a Future Land Use Map designation of CC (Commercial
Core) and the proposed rezoning to CBD (Central Business District) is consistent with this
FLUM designation. These changes will apply the same zoning designation that currently
exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning
districts accommodate mixed-use development. The CBD zoning is consistent with the CC
FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM
and zoning designations.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed
below.
Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by data
and analysis that demonstrate compliance with these findings:
. Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The adopted Downtown Delray Beach Master Plan includes recommendations for
redevelopment of the subject properties. The proposed FLUM amendments and
associated rezonings will fulfill the following policies:
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan"
was adopted by the City Commission on March 19, 2002. Covering the downtown
business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it
represents the citizens' vision for the growth and unification of Delray Beach, while still
retaining the "village like, community by-the-sea" character of the CBD. The Plan
addresses a wide range of issues including in fill development, neighborhood parks,
shared parking, public art, the roadway and alleyway systems, marketing/economic
development, and the need to modify the Land Development Regulations to include
design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 3
The above policy and adopted Downtown Delray Beach Master Plan characterizes the
City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor,
between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens'
vision for the growth and unification of Delray Beach. It represents the ultimate growth
and form of the community and the creation of a recognizable and seamless center for
our city. During the development of the Master Plan three neighborhoods and districts
were identified for the downtown area: The West Atlantic Neighborhood, The Central
Core, and the Beach District. The goal is to include these districts within one zoning
classification - the CBD (Central Business District). Besides the changes to the
commercial designation, the Master Plan includes general recommendations and a
series of proposals for each of the districts, which includes the Tennis Center frontage
associated with the FLUM amendment and Rezoning request.
The Master Plan specifically addresses the parking lot in front of the Tennis Center and
the need for filling in this gap along the Avenue. The parking lot is seldom used to its
maximum capacity, except during special events and for a few days during the season.
While the Center is a positive addition to the City, the 600' expanse of parking along
Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly
environment. This unfriendly environment impacts the physical structure of the Avenue
and acts as a barrier between the West Atlantic Neighborhood and the Commercial
Core, which reinforces the perceived social barriers.
The Master Plan proposes the construction of three liner buildings on this parking lot
fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center
clubhouse building. However, the CF regulations do not accommodate the mix of
commercial and residential uses envisioned for this frontage. Improvements pursuant to
the Plan will have a positive influence and will make the pedestrian transition between
the two districts more inviting and uninterrupted.
In addition to the above, a directive of the Downtown Delray Beach Master Plan was to
create design guidelines (LDRs) to guide future development in the downtown area in a
manner that will preserve the character of the area. The City has recently adopted the
design guidelines which have requirements that relate specifically to the three districts
referenced above. The intent is apply one zoning designation (CBD) for the downtown
area, which will have the three distinctive sub-areas/districts. The adoption of the design
guidelines and the proposed rezoning to CBD are just couple of the many
recommendations and strategies called for in the Plan to address goal for unity, while
guiding the revitalization and redevelopment of the City's downtown.
Future Land Use Element Policv C-1.5: The fol/owing pertains to the At/antic Avenue
Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton
Avenue. The present land uses in this area include single family homes, duplexes, mini-
parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered
vacant parcels.
The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on
July 11, 1995. The plan establishes Future Land Use Map designations, zonings,
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 4
special development standards, and design guidelines for the Redevelopment Area.
Future development in the area must be in accordance with the provisions of the
redevelopment plan...
The plan calls for pedestrian orientation and no parking between structures and the
Atlantic Avenue right-of-way, with a preference for parking located to the rear of any
structure. While the parking at the tennis center was not specifically referenced within the
West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for
each block with commercial zoning along the Avenue. These plans were based upon
vital, urban design principles including the principle that buildings on the Avenue should
be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in
the rear.
. Consistency·· The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal will be consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5
and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West
Atlantic Avenue Redevelopment Plan.
. Concurrency·· Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and
CF to CBD will accommodate development at the same intensity as that which can occur
under the current designations. In essence, the change is from one commercial
designation to another with the same development potential. Development under either
the GC or CBD scenario will accommodate the same intensity of development consistent
with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue
Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently
allows similar and even more intense uses than are accommodated within the proposed
CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public
Buildings) F utu re Land Use Map designation and the CF zoning district can
accommodate large venues that are more regionally-oriented from a traffic perspective
(i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more
locally oriented.
City facilities such as water, sewer, and drainage have sufficient capacity to handle
development of this area at the potential development intensity allowed under the
proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing
County facilities. As the majority of the properties are located in the TCEA
(Transportation Concurrency Exception Area) and are changing to a land use designation
of similar development potential, traffic is not an issue.
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards". A park impact fee is collected to offset any impacts that individual
projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBO- West Atlantic Avenue Overlay District
Page 5
park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a
building permit for each residential unit. School concurrency will be addressed with future
proposals for residential development; however no problems are anticipated.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
. Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As previously stated, the FLUM amendments and rezonings for these properties generally
involve the change in zoning from one commercial zoning designation to another with the
same development potential. The proposal does not expand the commercial boundaries
from those that currently exist, except with regard to the tennis center frontage, which is
within the commercial corridor.
Based upon the above, the proposed FLUM amendments and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and a positive
finding with respect to compatibility can be made.
. Compliance -- Development under the requested designation will comply with the
provisions and requirements of the land Development Regulations.
All future development within the requested designation shall comply with the provisions
and requirements of the Land Development Regulations. Compliance with the Land
Development Regulations will be further addressed with review of a conditional use or site
plan request as applicable.
I " ZONING ANALYSIS I
REQUIRED FINDINGS (ChaDter 3);
Pursuant to Section 3.1.1 (Required Findings), prior to 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 the Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the land Development Regulations with respect to Standards
for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for Determinina Consistencv); The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 6
sections as well as compliance with Items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall
consistency [Section 3.1.1 (C)] Is to be made. However, exclusion from this Article shall
not be a basis for not allowing consideration of other objectives and policies found In
the adopted Comprehensive Plan in the making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezonina Actions): Standards A, 8, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(D) That the rezoning shall result In allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that If an Incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
As previously stated, the FLUM designations and zoning classifications for the subject
properties are being amended pursuant to the adopted Downtown Delray Beach
Master Plan. As discussed under Future Land Use Element Policy A-1.7, the
proposed FLUM and zoning designations are compatible with the existing and future
land uses of the surrounding area, and a positive finding with respect to compatibility
can be made. Also, there are development regulations currently in place to mitigate
any potential impacts with adjacent properties.
Section 2.4.5(D)(5) (Rezonina Findinas):
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 the site and/or neighborhood.
The appropriate reasons for the proposed rezonings are "b" and "c": based on the following:
The proposed rezonings are required to implement the provisions of the Downtown Delray
Beach Master Plan. In order to implement the development scenarios identified in the Plan,
rezoning of the subject properties is appropriate as there has been a change in
circumstances which make the current zoning inappropriate. The requested zoning is of
similar intensity and is more appropriate given the direction identified in the Comprehensive
Plan.
...-,^"
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 7
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed
by the body taking final action on a land development application/request.
No formal land development application has been received for the subject property. Any
proposed development will need to comply with the Land Development Regulations.
I REVIEW\SYOTHERS "'\;1>"," I
Communitv Redevelopment Aaencv:
At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the
FLUM amendments and rezonings to Central Business District (CBD).
Downtown Development Authoritv
At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM
amendments and rezonings to Central Business District (CBD).
West Atlantic Redevelopment Coalition
At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the
FLUM amendments and rezonings to Central Business District (CBD).
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Atlantic Park Gardens · Paradise Heights
· Chamber of Commerce · PROD (Progressive Residents of Delray)
· Delray Merchants Association · President's Council
· Ebony of Delray · West Settlers Historic District
· Gateway · West Side Heights
· Lincoln Park
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters of support and objection, if any,
will be presented at the Planning and Zoning Board meeting.
I ASSES;SNlENT AN D CO /IIC LUS 10/11 I
The FLUM designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings
can be made with respect to Future Land Use Element Policy A-1. 7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and
Planning and zoning Board Staff report
FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District
Page 8
the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed
FLUM amendments and rezonings can be recommended for approval based on the findings
outlined in this report.
I'" '.' ÁL TERNATIVE ÁCTlONS I
A. Continue with direction.
B. Recommend to the City Commission approval of Future Land Use Map Amendment
from GC (General Commercial) in part and CF-P (Community Facilities-Public
Buildings) in part to CC (Commercial Core) and Rezoning from GC (General
Commercial) in part and CF (Community Facilities) in part to CBD (Central Business
District), for properties generally located on the north and south sides of West Atlantic
Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 1ih Avenue (1200
Block) within the West Atlantic Avenue Overlay District, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(0)(5) and Chapter 3 of the Land Development Regulations.
C. Recommend denial of the Future Land Use Map Amendment from GC (General
Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and Rezoning From GC (General Commercial) in part and CF
(Community Facilities) in part to CBD (Central Business District) for properties
generally located on the north and south sides of West Atlantic Avenue between
NW/SW 1st Avenue (100 Block) and NW/SW 1ih Avenue (1200 Block) within the
West Atlantic Avenue Overlay District, by finding that the request and approval
thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth
in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations.
I ,'ie',' RECO M MEN DE DACTI 0 N I
Recommend to the City Commission approval of Future Land Use Map Amendment from GC
(General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC
(Commercial Core) and Rezoning from GC (General Commercial) in part and CF
(Community Facilities) in part to CBD (Central Business District), for properties ~enerally
located on the north and south sides of West Atlantic Avenue between NW/SW 15 Avenue
(100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay
District, by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(0)(5) and Chapter 3 of the Land Development Regulations.
Attachments:
. Current & Proposed Future land Use Map
. Current & Proposed Zoning Map
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ORDINANCE NO. 31-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO
CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAID LAND
BEING PARCELS OF LAND LOCATED ON THE NORTH AND
SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW
1 ST AVENUE AND NW/SW 12TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; 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, 2003, as being zoned GC (General Commercial)
District; and
WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0
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, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CBD (Central Business District)
District for the following described property:
Lots I-II, inclusive /less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive,
Block 5, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat
thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County,
Florida;
Together With;
Lots I-II, inclusive /less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive,
Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat
thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County,
Florida;
Together with;
TRS B & C, Belair Heights Replat, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach
County, Florida;
Together with;
Lots I & 2, Lots 7-11, inclusive, and Lots 17 - 20, inclusive, Block I, Belair Heights, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book
20, Page 45, of the Public Records of Palm Beach County, Florida;
Together with;
Lots 1-6, inclusive, and Lots A & B, Block 2, Belair Heights, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public
Records of Palm Beach County, Florida;
Together with;
Lots 1-5 inclusive Iless rlw SR 806/, Myricks Subdivision, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Plat Book 10 Page 79, of the Public
Records of Palm Beach County, Florida;
Together with;
S 145 ft of N 290 ft of E 147 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Plat Book I, Page 4 of the Public
Records of Palm Beach Counly, Florida;
Together with;
N 50 ft of S 300 ft of E 145 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Plat Book I Page 4 of the Public
Records of Palm Beach County, Florida;
2 ORD NO. 31-04
Together with;
W 80 ft ofE 300 ft ofS 130 ft ofN 145 ft of Lot 9 Iless r/w SR 806/, Sub of 17-46-43, a
Subdivision in Palm Beach County, Florida as per the Pial thereof recorded in Plat Book 1,
Page 4, of the Public Records of Palm Beach County, Florida;
Together with;
Lots 1-11 inclusive Iless N 20 ft/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5,
Subdivision of Block 5, a Subdivision in Palm Beach County, Florida as per the Plat
thereof recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County,
Florida;
Together with;
S 365 ft ofN 385 ft ofW 135 ft ofBlk 13, Town of Delray, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida;
Together with;
S 80 ft ofN 100 ft ofE 150 ft & S 250 ft ofN 350 ft ofE 135 ft ofBlk 13, Town of Del ray,
a Subdivision in Palm Beach County, Florida as per the Plat Ihereof recorded in Plat Book
1, Page 3, ofthe Public Records of Palm Beach County, Florida;
Together with;
S 290 ft ofN 310 ft Iless E 5 ft SW5th Ave r/wl ofBlk 21, Town of Delray, a Subdivision
in Palm Beach County, Florida as per Ihe Plat thereof recorded in Plat Book 1, Page 3, of
the Public Records of Palm Beach County, Florida;
Together with;
E 150 ft of S 294.28 ft of Blk 21, Town of Delray, a Subdivision in Palm Beach County,
Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of
Palm Beach County, Florida;
3 ORD NO. 31-04
Together with;
Lots 9-11, inclusive, Blk 22, Subdivision of the North half of Block 22 Town of Delray, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book
10, Page 38, of the public records of Palm Beach County, Florida;
Together with;
Lots 1-3, inclusive, Blk 30, Town of Delray, a subdivision in Palm Beach Counly, Florida
as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm
Beach County, Florida;
Together with;
All of Plat, Checkers Atlantic - Delray Plat, a Subdivision in Palm Beach County, Florida
as per the Plat thereof recorded in Plat Book 71, Page 192, of the Public Records of Palm
Beach County, Florida;
Together with;
All of Plat /less N 20 ft Atlantic Ave r/w/, Blk 29, Resubdivision of Blocks 29 & 37, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 9,
Page 66, of the Public Records of Palm Beach County, Florida;
Together with;
S 30.5 ft of Lot 5 & N 19.5 ft of Lot 6, Blk 29, Town of Deiray, a Subdivision in Palm
Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida;
Together with;
Lots 1-4, inclusive /less N 20 ft SR 806 rd r/w/, Blk 53, Town of Delray, a Subdivision in
Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida;
Together with;
Lots 1-14 inclusive /less S 20 ft SR 806 rd r/w/, Lots 34 & 35, Blk 1, Atlanlic Pines, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book
13, Page 77, of the Public Records of Palm Beach County, Florida;
4 ORD NO. 31-04
-- ------.
Together with;
Lots 2-7, inclusive Iless S 20 ft SR 806 rd r/w/, Lots 9-11, inclusive & Lots 30-32,
inclusive, Blk 2, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach
County, Florida;
Together with;
Lot I & abandoned S 9 ft alley lyg N of & adj to Iless E 10 ftI and Lot 6 & abandoned S 11
ft alley lyg N of & adj to, Block 6, Whiddens Subdivision, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Pial Book 2, Page 58, of the Public
Records of Palm Beach County, Florida;
Together with;
W 274.8 ft ofS 114 of Lot 10 Iless E 10 ft NW 9th Ave r/w, W 25 ft NW 10th Ave r/w &
SR 806 road r/w/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County,
Florida;
Togelher with;
All of plat lyg Ely of & adjacent to NW 9th Ave r/w as in OR 4465 P1517 Iless E 25 ft NW
8th Ave r/w & SR 806 road r/w/, Fennos J G Sub, a Subdivision in Palm Beach County,
Florida as per the Plat thereof recorded in Plat Book 2, Page 89, of the Public Records of
Palm Beach County, Florida;
Together with;
Parcel A, Delray Amoco, a Subdivision in Palm Beach County, Florida as per the Plat
thereof recorded in Plat Book 69, Page 38, of the Public Records of Palm Beach County,
Florida;
Together with;
N 100 ft ofW 130.44 ft ofS 112, N 142.1 ft ofW 130.44 ft ofE 155.44 ft ofE 112 ofS 112
& W 76 ft ofE 101 ft ofN 120 ft of S 140 ft ofE 112 of S 112, Blk 4, Town of Delray, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1,
Page 3, ofthe Public Records of Palm Beach County, Florida;
5 ORD NO.3 I -04
- ------
Together with;
S 1/2 ofBlk 12 /Iess S 20 ft SR 806 rd r/w/, Town of Delray, a Subdivision in Palm Beach
Counly, Florida as per the Plat thereof recorded in Plat Book I, Page 3, of the Public
Records of Palm Beach County, Florida;
Together with;
Lot 26, Blk 12, Monroe Subdivision, a Subdivision in Palm Beach Counly, Florida as per
the Plat thereof recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach
County, Florida;
Together with;
N 250 ft /Iess W 135 ft/, Blk 20, Town of Delray, a Subdivision in Palm Beach County,
Florida as per the Plat thereof recorded in Plat Book I, Page 3, of the Public Records of
Palm Beach County, Florida;
Together with;
E 165 ft of S 135 ft & N 70 ft of S 205 ft of E 135 ft, Blk 19, Town of Delray, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book I,
Page 3, of the Public Records of Palm Beach County, Florida;
Together with;
Lots 1 - 8, inclusive, Melvin S Burd Sub, a Subdivision in Palm Beach County, Florida as
per the Plat thereofrecorded in Plat Book II, Page 73, of the Public Records of Palm Beach
County, Florida;
Together with;
Lots 1-5, inclusive, Replat of part ofBlk 27, Town of Linton, a Subdivision in Palm Beach
County, Florida as per the Plat thereof recorded in Plat Book 21, Page 43, of the Public
Records of Palm Beach County, Florida;
6 ORD NO. 31-04
Together with;
Lots 7 & 8, Blk 27, Town of Delray, a Subdivision in Palm Beach Counly, Florida as per the
Plat thereofrecorded in Plat Book I, Page 3, of the Public Records of Palm Beach County,
Florida;
Together with;
Lot I, Blk 28, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat
thereof recorded in Plat Book I, Page 3, of the Public Records of Palm Beach County,
Florida;
Together with;
All of Plat /less TR C-3/, Atlantic Grove, a Subdivision in Palm Beach County, Florida as
per the Plat thereof recorded in Plat Book 96, Page 55, ofthe Public Records of Palm Beach
Counly, Florida;
Section 2. That the Planning and Zoning Director of the 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 I 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 the effective date of
Ordinance 29-04, under which official land use designation ofCC (Commercial Core) is affixed to
the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the_
day of ,20o_.
7 ORD NO. 31-04
ATTEST MAYOR
City Clerk
First Reading
Second Reading
8 ORD NO. 31-04
.
.
ORDINANCE NO. 14-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN
THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING
ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME
NEW DEFINITIONS RELATING TO SIGNS; AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING
SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A
NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A
SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority
to protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish reasonable regulations for the posting of signs on
public and private property in order to prevent safety hazards and protect property values; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to provide consistent sign regulations governing places of worship
to avoid making existing signs nonconforming and based on allowed secular criteria as permitted
by the Religious Freedom Restoration Act; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to have a single, combined and updated sign ordinance in order to
ensure fair and consistent enforcement of sign regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(D) and (E) be
repealed in their entirety.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed
in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows:
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