11-15-11 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, November 15, 2011 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 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 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 presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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: Public input on agendaed items, other than those that are
specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 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 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 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, program, or activity conducted by the City. Contact Doug Smith
at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR
MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. November 1, 2011 -Regular Meeting 6. PROCLAMATIONS:
A. America Recycles Day – November 15, 2011 B. St. Paul African Methodist Episcopal Church -114th Anniversary 7. PRESENTATIONS: A. Florida Association of City Clerks (FACC) Second Vice
President – Lori McWilliams presentation to City Clerk, Chevelle D. Nubin. 8. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 53-11: ABANDONMENT OF UTILITY EASEMENT;
MIDTOWN DELRAY: Approve Resolution No. 53-11 to abandon a 12' wide utility easement located within the plat for Midtown Delray property (formerly Blood’s Grove Orchard) for a water main
formerly serving the Hammock Reserve development to the south. B. CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC.: Approve
Change Order No. 2 to Foster Marine Contractors, Inc. in the amount of $13,647.50 for an adjustment in contract quantities due to roadway slope adjustment to facilitate drainage; and
overbuild to an existing asphalt driveway to match the new sidewalk grade; and a contract time extension of seven (7) days; for the S.W. 12th Avenue/Auburn/S.W. 14th Avenue Project.
Funding is available from 448-5461-538-68.04 (Storm Water Utility Fund: Other Improvement/S.W. 12th Avenue/Auburn/S.W. 14th Avenue). C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/BRANG
CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 3/Final) with Brang Construction, Inc. in the amount of an $18,556.10 decrease and final payment in the amount of $62,142.20;
which includes $18,123.08 for additional asphalt overlay required to complete the Martin Luther King Jr. Drive Beautification Project. Funding is available from 380-4150-572-63.28 (2004
G.O. Bond: Improvements Other/Pompey Park/Community Center), 334-4141-572-68.57 (General Construction Fund: Other Improvement/Cultural Loop/MLK Drive Phase 1) and 441-5181-536-65.96
(Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission). D. TRI-PARTY AGREEMENT: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/CSX TRANSPORTATION, INC. (CSXT)/CITY OF DELRAY
BEACH: Approve a Tri-Party Agreement between the Florida Department of Transportation, CSX Transportation, Inc. (CSXT) and the City of Delray Beach in the amount of $203,633.00 to reimburse
CSXT for reconstruction of the S.W. 10th Street railroad crossing. Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance
Costs). E. IMPLEMENTATION OF A VALET PARKING SERVICE IN THE OLD SCHOOL SQUARE GARAGE: Approve implementation of a valet parking service in the Old School Square Parking Garage. F. HOUSING
REHABILITATION GRANT/CONTRACT AWARD: Re-award one (1) Housing Rehabilitation contract in the amount of $28,839.31 for 316 N.W. 6th Avenue through the Community Development Block Grant
(CDBG) and Residential Construction Mitigation Program (RCMP) to Built Solid Construction the second lowest responsive bidder, due to the low bidder's withdrawal request. Funding is
available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and 118-1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
G. LANDSCAPE MAINTENANCE AGREEMENT/921 SOUTH OCEAN BOULEVARD, LLC: Approve Landscape Maintenance Agreement with 921 South Ocean Boulevard, LLC to provide for the installation of new
shrubs and groundcovers within the unpaved right-of-way in front of the property located at 921 South Ocean Boulevard. H. LICENSE AGREEMENT/ZGS DELRAY, LLC.: Approve a License Agreement
with ZGS Delray, LLC. for use of public parking spaces adjacent to N.E. 3rd Avenue for a limited period of time.
I. REQUEST TO INSTALL BUS SHELTER ART/PUBLIC ART ADVISORY BOARD: Approve a request to install art work in three (3) bus shelters located at: 1) Carver Middle School at the intersection
of Barwick and West Atlantic; 2) N.E. 1st Street in the 200 Block and 3) Linton Boulevard just east of Military Trail on the south side. Funding is available from 115-1702-579-31.90
(Special Projects Fund (Public Art): Professional Services/Other Professional Services). J. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing
Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. K. RESOLUTION NO. 52-11: Approve
Resolution No. 52-11 assessing costs for abatement action required to remove nuisances on twelve (12) properties throughout the City of Delray Beach. L. SPECIAL EVENT REQUEST/14th ANNUAL
FIRST NIGHT 2012: Approve a special event request to endorse the 14th Annual First Night 2012 event on December 31, 2011 from 4:00 p.m. to midnight, grant a temporary use permit per
LDR Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, and authorize generator use and staff support for traffic control and security, site cleanup and trash
removal, barricade set up and removal, banner hanging, signage construction and installation, and EMS services. M. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse Savor the
Avenue, sponsored by Boca Raton and Delray Beach Magazine and supported by the Downtown Development Authority, to be held on March 29, 2012 from 5:30 p.m. to 8:30 p.m.; grant a temporary
use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of NE/SE 5th Avenue from 2 p.m. until 10:00 p.m.; and authorize staff support
for traffic control and security, EMS assistance, Fire inspection, barricading, trash boxes, use of a City-owned portable generator and banner hanging with banners to be hung no sooner
than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed hold harmless agreement by March 15, 2012. N. REVIEW
OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 31, 2011 through November 11, 2011. O. AWARD
OF BIDS AND CONTRACTS: 1. Contract award to Murray Logan Construction, Inc. in the amount of $16,992.00 for proposed drainage work on Lewis Cove. Funding is available from 448-5461-538-46.90
(Storm Water Utility Fund: Repair and Maintenance Service/Other Repair/Maintenance Cost). 2. Purchase award to Intercounty Engineering, Inc. in the amount of $50,000.00 for the Sanitary
Sewer Manhole Rehabilitation Program. Funding is available from 442-5178-536-63.82 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Sanitary Sewer MH Rehab). 3. Purchase award to PVS Technologies, Inc. in the amount of $259,000.00 for purchase and delivery of liquid ferric chloride “as needed”.
Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 9. REGULAR AGENDA: A. PROPOSAL/DELRAY BEACH PRESERVATION TRUST/CENTENNIAL TIME CAPSULE:
Consider approval of a proposal from the Delray Beach Preservation Trust to install a 100-Year Time Capsule in the City Hall lobby in recognition of the Delray Beach Centennial. B. CONSIDERATION
OF AN APPEAL/HISTORIC PRESERVATION BOARD’S DECISION/CLASS III SITE PLAN MODIFICATION: Consider an appeal of the Historic Preservation Board’s denial of the Class III site plan modification
request for 85 S.E. 6th Avenue.(Quasi-Judicial Hearing) 1. CONSIDERATION OF AN APPEAL OF THE HISTORIC PRESERVATION BOARD’S DECISION ON A WAIVER REQUEST: Consider a request to overturn
denial of a waiver to Land Development Regulations (LDR) Section 4.5.1(E)(3)(b)(2), “Parking”, for six required parking spaces for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) C. SPECIAL
EVENT REQUEST/FASHION ON THE AVENUE: Consider approval of a special event request for Fashion on the Avenue, sponsored by Luxe Partners, Inc. and supported by the Downtown Development
Authority, to be held on January 26, 2012, from 8:00 p.m. to 9:30 p.m.; granting of a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton
to the west side of N.E./S.E. 5th Avenue from 4:00 p.m. until 11:00 p.m. and use of the Hands lot for crew and models; and authorization of staff support for traffic control and security,
barricading, use of a City-owned portable generator and banner hanging; contingent upon receipt of a certificate of liability insurance and an executed hold harmless agreement by January
12, 2012. D. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to the Green Implementation Advancement Board to serve an unexpired term ending
July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat# 4). E. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the
Education Board to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). 10. PUBLIC HEARINGS: A.
RESOLUTION NO. 49-11:Consider approval of Resolution No. 49-11 allowing for a fire assessment fee, if adopted, to be collected for a portion of fiscal year 2012, and to
be placed on the property tax bill for the fiscal year beginning October 1, 2012. B. ORDINANCE NO. 37-11: Consider a city initiated amendment to the Land Development Regulations (LDR)
Section 4.5.3, “Flood Damage Control Districts”, Subsection (D), “Construction Standards”, to modify the section while maintaining compliance with State Statutes. C. ORDINANCE NO. 40-11:
Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3), “In-Lieu Fee”, to clarify that the maximum percentage of in-lieu spaces applies only
to new developments and the expansion of existing developments. D. ORDINANCE NO. 41-11: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.6(F),
“Temporary Use Permit”, to clarify the approval authority for uses under a tent. E. ORDINANCE NO. 42-11: Consider an amendment to Chapter 33, “Police and Fire-Rescue Departments”, Section
33.64, “Contributions”, Subsection (A), “Member Contributions”, to increase employee contributions by 3% for police officers in compliance with the new terms of our Collective Bargaining
Agreement. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B.
From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 43-11:Consider amending Ordinance No. 70-89 which revises Section 1, “Designation”, and Section 2, “Requirements of Designation”
of Ordinance 70-89, and an amendment to Land Development Regulations (LDR) Section 4.5.1(K) (2), “Designation of Historic Sites”, to provide for a revised legal description of the Fontaine
Fox Designation. If passed, a public hearing will be held on December 6, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission
11/01/11 NOVEMBER 1, 2011 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, November 1, 2011. 1. Roll call showed: Present -Commissioner Tom Carney Commissioner Jay Alperin Commissioner Adam Frankel Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by
Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated
Item 9.H., Appointments to the Education Board Miriam Hanan’s application has been withdrawn. Also, Mayor McDuffie stated there is revised information for Item 12.D., Ordinance No. 42-11.
Dr. Alperin moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Special/Workshop Meeting of October 11,
2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion
passed with a 5 to 0 vote.
2 11/01/11 Mrs. Gray moved to approve the Minutes of the Regular Meeting of October 18, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes;
Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Families Reading Together Month – November
2011 Mayor McDuffie read and presented a proclamation hereby proclaiming November 2011 as Delray Beach Families Reading Together Month. Janet Meeks, Education Coordinator, came forward
to accept the proclamation and gave a few brief comments. The City Manager stated at the League of Cities meeting last week the City received a Certificate of Appreciation from the Palm
Beach County Literacy Coalition for the City’s support of Read for the Record. 7. PRESENTATIONS: 7.A. Aid to Victims of Domestic Abuse (AVDA) – Pamela O’Brien Pamela O’Brien, President
and CEO of AVDA, introduced Board Treasurer, Vice President, Secretary, and Vice President of the Board who were present and extended a heartfelt thank you to the City of Delray Beach
for sponsoring this year’s 12th Annual Race for Hope. Ms. O’Brien stated they had 810 registered runners and approximately 200 additional people there with about 325 people signing up
the last 24 hours. She recognized the Delray Beach Police Department with a certificate for everything they have done to help this event be such a success. Ms. O’Brien also recognized
Lula Butler, Director of Community Improvement, with a certificate and stated she is on the Board of Directors for AVDA. Dr. Alperin stated AVDA stands for Aid to Victims of Domestic
Abuse and it serves a good part of the County and stated the United States has a high rate of abuse reported (22%). Dr. Alperin stated his wife was part of the founding body that started
this in Delray Beach. Ms. O’Brien stated the Center for Disease Control has stated that domestic violence is a public health issue because 1 out of every 4 American woman report domestic
abuse and from the calls that come in 50-60% report. Ms. O’Brien stated Palm Beach County has the third highest number of deaths in the State where there is a domestic violence crime.
3 11/01/11 7.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Sylvia Copper stated she is part of the Parking
Committee of Windycreek, and on August 1, 2011, Michael Vinci, Planner with the Planning and Zoning Department, assisted her with an impromptu meeting and their neighborhood was having
an issue with inadequate guest parking within its subdivision. Ms. Cooper stated Mr. Vinci showed professionalism, was courteous, respectful and explained everything in laymen’s terms.
She stated Mr. Vinci provided her with documentation for their association and discussed the issue at his staff meeting and reported back to her. Ms. Copper commended Mr. Vinci for his
hard work. It has allowed their committee to bring resolution to the problem with the guest parking. She stated Mr. Vinci is a great asset to the city. Jennifer Buce, Litter Prevention
Coordinator, representing the S.P.I.R.I.T. Committee, stated this is Michael’s second award that he has won since the start of the S.P.I.R.I.T. Committee and they receive $250.00. Ms.
Buce stated her second award is to Amy Alvarez who is also from Planning and Zoning and both she and Michael Vinci are eligible for the $2,000.00 award in August. Ms. Buce stated both
awards this quarter were from outside residents and feels this is saying alot about our employees. Amy Alvarez is being nominated by Susan Ruby. In November 2009, the residents of Del
Ida Historic Neighborhood came to the City with hopes of re-establishing their neighborhood association. Mrs. Alvarez helped host many meetings and helped secure a beautification enhancement
grant from the Florida Department of Transportation for the neighborhood that will concentrate primarily on N.E. 2nd Avenue for sidewalk, landscape, crosswalk and decorative lighting
improvements. Ms. Buce stated because of Amy’s determination N.E. 2nd Avenue is on its way to being a wonderful gateway to Pineapple Grove and our downtown. Ms. Buce stated without Amy’s
effort and the key players from the city the neighborhood would have never re-established a neighborhood association. Susan Ruby, resident of the Del-Ida Neighborhood, stated this is
going to be a great gateway to Pineapple Grove and gave special recognition to Amy Alvarez for obtaining the grant for their neighborhood. In addition, Mrs. Ruby thanked staff from the
Community Redevelopment Agency (CRA), Community Police Officer Gary Ferreri, and the Community Improvement Department who have all worked together for the Del-Ida Neighborhood. 8. CONSENT
AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/106 SEA LANE: Approve a request to defer the installation of a sidewalk along Lowry Street for the property
located at 106 Sea Lane. 8.B. ACCEPTANCE OF A STORMWATER EASEMENT DEED/401 S.W. 10TH STREET: Approve and accept a stormwater easement deed for property located at 401 S.W. 10th Street.
4 11/01/11 8.C. AMENDMENT NO. 3 TO THE AGREEMENT/GOVDEALS, INC.: Approve Amendment No. 3 to the Agreement with GovDeals, Inc. for online auction sale of surplus City vehicles and equipment.
8.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/US 1 CORRIDOR BEAUTIFICATION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) in the amount
$1,856,708.00 for the repayment of the State Infrastructure Bank (SIB) loan applied for from the Florida Department of Transportation (FDOT) for the US 1 Beautification Project. 8.E.
REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W. 12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE: Approve a revised Interlocal Agreement with Palm Beach County for reimbursement to
the City in the amount of $1,000,000.00 for costs associated with improvements along S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue. 8.F.
AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement
with the Community Redevelopment Agency (CRA) for funding of construction costs and professional services for certain projects as listed on Exhibit “A” attached to the Agreement for
FY 11/12. 8.G. CONSULTING SERVICE AUTHORIZATION NO. 07-05.2/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 07-05.2 to Kimley Horn and Associates, Inc. in the amount
of $32,081.99 for design of the Federal Highway Enhancements Project. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification)
and 442-5178-536-68.52 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Federal Highway Beautification). 8.H. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF):
Approve an agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to carry out services at the Village Academy
Beacon Center for FY 2011-2012. Funding is available from 001-4111-572-83.01 (General Fund: Other Grants & Aid). 8.I. HAZARDOUS MATERIALS TECHNICIAN COURSE/HAZMAT IQ: Approval for nine
Fire-Rescue Department personnel to attend a Hazardous Materials Technician course offered by HazMat IQ in the amount of $15,750.00 to be reimbursed through the Homeland Security Domestic
Preparedness Grant Program. Funding is available from 001-2315-526-54.30 (General Fund: Books/Publications/Subscriptions/Memberships/Training/Education Costs).
5 11/01/11 8.J. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops Committee for two (2) year terms ending November
30, 2013. 8.K. SPECIAL EVENT REQUEST/15TH ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 15th Annual Delray Beach Craft Festival sponsored by Howard
Alan Events, Ltd. to be held February 25-26, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of N.E. 2nd Avenue, from the alley north
of Atlantic to midway between N.E. 3rd Street and N.E. 4th Street (south of the City Walk condo garage entrance), and use of the north end of City Hall’s parking lot for vendor parking,
and to provide staff support for traffic control, security and fire inspection services. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made
by the Land Development Boards for the period October 17, 2011 through October 28, 2011. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Municipal Lighting in the amount of $49,841.00
for the purchase of twelve (12) concrete street light standards and LED fixtures to replace standards being removed on Atlantic Avenue due to rust and corrosion. Funding is available
from 334-3162-541-46.14 (General Construction Fund: Repair and Maintenance Services/Atlantic Avenue Street Light Replacement). 2. Contract award to Special Products Group (SPG) in the
annual estimated amount of $60,000.00 for uniform procurement for Fire-Rescue Department personnel. Funding is available from 001-2315-526-52.22 (General Fund: Operating Supplies/Uniforms/Linen
Service), 001-2311-522-52.22 (General Funds: Operating Supplies/Uniforms/Linen Service) 001-2313-522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2317-522-52.22
(General Fund: Operating Supplies/Uniforms/Linen Service). 3. Contract award to Zoll Medical Corporation in the amount of $22,040.50 to renew the extended warranty and semi-annual preventive
maintenance contract and provide guaranteed repair coverage for seventeen (17) 12 Lead EKG Monitor/Defibrillators. Funding is available from 001-2315-526-46.20 (General Fund: Repair
& Maintenance Services/Equipment Maintenance). 4. Purchase award to American Traffic Products & Services in the amount of $16,040.00 for the City's yearly supply of reflective sign sheeting.
Funding is available from 001-3141-541-52.20 (General Fund: Operating Supplies/General Operating Supplies).
6 11/01/11 5. Award to Fluid Control Specialties, Inc. in the amount of $34,812.00 for purchase and delivery of large replacement valves at City’s Water Treatment Plant for Filter #3.
Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 6. Purchase award to Sentry Industries in the
amount of $257,000.00 for purchase and delivery of sodium hypochlorite “as needed”. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
7. Purchase award to Tanner Industries, Inc. in the annual estimated amount of $31,000.00 for the purchase and delivery of anhydrous ammonia “as needed” via City of Port Orange, Florida
Bid# B10-16; contingent upon execution of a City Standard Agreement as approved by the City Attorney. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals)
. Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/DELRAY COMMUNITY PHARMACY: Consider approval of a conditional use
request to allow, within the Mixed Residential, Office and Commercial (MROC) zoning district, the construction of a drive-thru lane at the Delray Community Pharmacy, located at 1601
South Congress Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for a Quasi-Judicial Hearing into the record for this item and all subsequent
Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex
parte communications. Mr. Frankel stated he spoke with Michael Weiner, the Attorney for the applicant. Mrs. Gray stated she also spoke to Mr. Weiner. Mayor McDuffie stated he spoke to
Mr. Weiner this afternoon. Mr. Carney stated he represented the seller of the property. Dr. Alperin stated he had no ex parte communications to disclose. Paul Dorling, AICP, Director
of Planning and Zoning, entered the Planning and Zoning Department project file #2011-197 into the record.
7 11/01/11 Mr. Dorling stated this item is for consideration of a conditional use request to allow the construction of a drive-thru lane at the future Delray Community Pharmacy to be
located at 1601 Congress Avenue. Currently, Mr. Dorling stated there is an auto related use and the proposal is to knock that down and construct a pharmacy and a retail facility with
the pharmacy taking about 3,600 square feet and two retail bays consisting of 1,253 square feet and 1,144 square feet. He stated the pharmacy will have a drive-thru lane and the LDRs
state that any drive-thru facility in the MROC (Mixed Residential Office and Commercial) District needs to come before the Commission for a conditional use. The drive-thru lane will
be open seven days a week from 9:30 a.m. to 7:00 p.m. and will have five (5) full-time employees. At its meeting of October 17, 2011, the Planning and Zoning Board considered this and
recommended approval subject to the condition that the “lot coverage” category on the plan be revised to indicate the actual 59.6% per the code definition, not the building footprint
percentage of 16.6%. Staff recommends approval. Michael Weiner, Weiner & Lynne, P.A., 10 S.E. 1st Avenue, Suite #C, Delray Beach, FL 33444 (Attorney representing applicant), stated this
is for a pharmacy and noted they meet the criteria of the Board Order and the requirements of the MROC (Mixed Residential Office and Commercial) zoning. Mayor McDuffie stated if anyone
from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission
regarding the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. Mrs. Gray stated this is a wonderful addition to this corner. Dr. Alperin
stated he likes the idea of replacing the metal building. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached
hereto is a copy and made an official part of the minutes). Dr. Alperin moved to adopt the Board Order subject to the conditions as listed in Exhibit “A”, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.B.
REQUEST FOR IN-LIEU OF PARKING SPACES/ATLANTIC OCEAN CLUB: Consider a request for the purchase of eight (8) in-lieu of parking spaces in the amount of $124,800.00 to accommodate an expansion
of use for Atlantic Ocean Club located at 217 East Atlantic Avenue. (Quasi-Judicial Hearing)
8 11/01/11 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications.
Mr. Frankel stated yesterday he spoke with the Attorney for the applicant Mr. Weiner. Mrs. Gray stated she spoke with Mr. Weiner. Mayor McDuffie stated he too spoke with Mr. Weiner.
Mr. Carney stated he spoke to members of the Parking Management Advisory Board (PMAB), Mr. Weiner, Mr. Lynne and Scott Aronson. Dr. Alperin stated he had no ex parte communications to
disclose. Scott Aronson, Parking Management Specialist, stated Atlantic Ocean Club is located at 217 East Atlantic Avenue formerly known as Bob’s Famous Bar. The request is for eight
(8) in-lieu of parking spaces in Area 2 and spaces are $15,600.00 each totaling $124,800.00 and if approved the applicant would like to enter into an in-lieu of parking fee payment agreement.
In May 2011, a request to the PMAB was made for two in-lieu of parking spaces and subsequently removed from the Agenda by the applicant and the item came back in July. Mr. Aronson stated
the May proposal was for 728 square feet conversion of use from office to restaurant on the second floor of the building. He stated the 728 square feet was to accommodate a refrigerator
and cooling system and kitchen that was placed on the second floor to support the restaurants and club above. The increased 1,572 square feet was to accommodate some tables on the south
end of the building and balconies overlooking Atlantic Avenue. Mr. Aronson stated that request would have required four spaces instead of two. The Parking Management Advisory Board (PMAB)
deliberated on that issue for quite some time at which time the applicant asked to discontinue the hearing to go back for some reconsideration. He stated that item came back to the Board
on September 27, 2011 and was then for a full conversion of the entire floor (3,153 square feet) and change to hibachi style tables with approximately 15 or 18 seats per table and there
were five of them throughout several locations throughout the floor along with several two seat tables and the balconies had some tables on them at this point. Mr. Aronson stated the
site was originally going to have some residential and office and mixed use and then they went to all office on the second floor and now they are going for a full blown second floor.
He stated during the discussions on the July meeting the CRA and staff recommended that the entire floor be restaurant calculations because the kitchen was at the north end of the building
and the seating was at the south end of the building; restaurant parking is 100% of total floor area. The CRA also had a concern that the mix of the kitchen and the cooling equipment
and part restaurant and part office would not work. Mr. Aronson stated the subject property currently has approximately 20 in-lieu of parking spaces plus a benefit of a handful of spaces
from its early submittal in 1999 before parking went to six spaces per 1,000. He stated this would total 29 in-lieu of spaces. Mr. Aronson stated staff has a concern with the number
of spaces designated to one particular building and the area is between 2nd and 3rd adjacent to the tracks on Atlantic Avenue the railroad lot is across the tracks and that was one of
the parking lots sustaining over 100% utilization on busy weekends and in season. The parking garages are two blocks or so away (800-1,000 feet) as pedestrian travel lane.
9 11/01/11 At its meeting of October 25, 2011, the Parking Management Advisory Board recommended approval with an 8 to 3 vote (Marincola, Gergen and Gimmy dissenting); the consensus
of the Community Redevelopment Agency (CRA) was the entire floor be calculated at restaurant parking requirement; and, at its meeting of October 11, 2011, the Downtown Development Authority
(DDA) recommended approval. If approved, staff suggests that the applicant work with staff on a TDM (Transportation Demand Management) Program. Michael Weiner, Weiner & Lynne, P.A.,
10 S.E. 1st Avenue, Suite #C, Delray Beach, FL 33444 (Attorney representing applicant), made reference to LDR Section 4.6.9(E)(3) a request for in-lieu parking and stated the ordinance
states when you have a change of use you may ask for an in-lieu parking fee to accommodate the change of use and that you will be granted the in-lieu parking fee if it is impossible
or inappropriate to provide the required number of spaces on-site or off-site. Mr. Weiner stated there are 13 parking spaces on it and it is impossible to provide any more parking spaces
on-site. He stated they are on along Railroad Avenue and Atlantic Avenue and they cannot build additional parking spaces in the right-of-way and there are no available spaces off-site.
Mr. Weiner stated this is the last in-lieu parking request the Commission is considering under the old ordinance. He stated the applicant is willing to pay for inlieu spaces for the
entire second floor of this building and is willing to purchase eight (8) spaces at a cost of $15,600.00 for a total of $124,800.00. Mr. Weiner stated in addition they are getting 12
spaces at about 350 feet away from a dental office that they renting so they are up to 4 spaces a 1,000 for this particular location. These parking lots are more than the required distance
under the Code to be considered as alternative parking spaces. However, Mr. Weiner stated they are not asking for them to be formally counted, not asking for any reduction in the $125,000.00
fee but they are showing their good will by addressing the general concern with respect to parking. Mr. Weiner stated on a Friday night during peak season there are 505 spaces and there
is 43% utilization and on a Saturday there is 51% utilization. Therefore, Mr. Weiner stated in that parking garage there is 250 unutilized spaces within walking distance of that particular
location. He stated this is the conversion of a little more than 3,000 square feet. Mr. Weiner stated they have met the requirements of the Board Order and he urged the Commission to
approve the request. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the in-lieu of parking request, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding the in-lieu of parking request, the public hearing was closed. Mr. Aronson stated with regard to Mr.
Weiner’s statement to the Parking Management Board making his client provide the eight (8) spaces, that was volunteered by the applicant at the meeting; neither staff nor any of the
board members required the construction of those spaces. Mr. Weiner stated they are more than willing to be helpful with respect to the parking of their employees at those two locations.
He stated even though it was not a
10 11/01/11 requirement he believes they have gone the extra step to mitigate anything that might concern this particular conversion. Dr. Alperin commented about the parking lot for
the evenings and asked if there is any signage that will show that it is restricted for a sky bar and that it is not for public parking. Mr. Weiner stated they will make the appropriate
signage. Mr. Carney asked how long these spaces are being leased at that spot. Mr. Weiner stated he does not recollect the term of the lease but understands that they need that lease
in order to meet their requirements. He stated he did an analysis of the overall impact and he does not object to this because the overall impact is minimal. Mr. Carney stated he would
like some assurance that there is going to be a longer term rental. Mrs. Gray asked if there is a limit on how many spaces the applicant can purchase. Mr. Aronson stated there is no
limit. Mrs. Gray asked if there is a way that we can determine if the employees are actually using their parking space. Mr. Weiner stated they are paying for these and under those circumstances
they are not going to let them go empty. Mrs. Gray stated she supports this with the TDM Program. Mr. Frankel stated he has repeatedly asked staff about an employee program and Mr. Aronson
has been busy with other matters. Mr. Frankel stated he does not think you can require this restaurant to institute this program; he feels this is an important program and if someone
would like to do this voluntarily it would be okay. However, Mr. Frankel stated they should not be required to do it unless it is required of everyone. For the record, Mr. Frankel stated
they open at 7:00 a.m. and he drives past the establishment about 7:45 a.m. and those spots are empty. Mayor McDuffie stated when he read the quasi-judicial rules of this it does not
make any difference what personal opinions there are but you have to follow the law. He stated the City created the law and this applicant is abiding by the law as it exists today and
therefore he supports the project. Dr. Alperin stated he believes that we can request that the TDM and staff work with them with that. Mr. Carney stated we need to create a policy where
there is some offsite parking. The City Attorney stated in this particular case it may be problematic if we tried to impose a condition where the LDRs do not provide for it. Dr. Alperin
stated by asking them to participate in it, it will give the applicants an opportunity to give input into developing the program rather than just have the City automatically laying down
the law.
11 11/01/11 Mr. Carney stated Mr. Frankel has brought up numerous times about the creation of some employee parking concept. Mr. Aronson stated this is part of the discussions they are
having with the Study Implementation Group. After brief discussion, the Commission concurred that they would like Mr. Weiner be a participant in creating a solution to this problem.
Mr. Weiner stated stickers will be issued to employees. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached
hereto is a copy and made an official part of the minutes). Dr. Alperin moved to approve the Board Order as presented, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.C. JOINDER TO MEMORANDUM OF UNDERSTANDING/MULTIPLE
AGENCIES: Consider approval of a Joinder to the Memorandum of Understanding between South Florida Water Management District (SFWMD), LWDD, Palm Beach County and the City of Fort Lauderdale
regarding the C-51 Water Supply and Water Quality Reservoir Planning and Development. Richard Hasko, Director of Environmental Services, stated this proposal is to execute a Joinder
to the Memorandum of Understanding between South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Palm Beach County, and the City of Fort Lauderdale to
keep the City of Delray Beach in the loop in the C-51 Reservoir project. Mr. Hasko stated as an alternative long term solution to maintaining ground water levels this has evolved over
the past two years in the form of rock pit excavation at the western extremity of the C-51 Basin at Twenty Mile Bend in northwestern Palm Beach County to create large scale stormwater
reservoirs. The proposal is to use that as a storage reservoir for stormwater. Mr. Hasko stated water utilities and consumers have been under the gun from South Florida Water Management
District because of the increasing demand and competition for the ground water resource. He stated that given the fact that we have been in drought off and on for a number of years and
it has been a challenge to maintain those ground water levels. Mr. Hasko stated solutions that most utilities have been able to come up with in terms of providing some sort of long-term
sustainability for their water supplies have to do with alternative water supplies. He stated we in Delray have been aggressively pursuing the expansion of our reclaimed water system
as an alternative water supply source. Mr. Hasko stated this has the potential for actually maintaining the ground water levels throughout the County and farther south into Broward County
for the benefit of the utilities and the water users that rely on the ground water supply for a relatively inexpensive cost per 1,000 gallons. Mr. Hasko stated this project has a lot
of potential for a long-term sustainable ability to maintain the shallow acquifer which many of us rely on.
12 11/01/11 Mark Perry, Legal Counsel with Perry & Kern, P.A., 50 S.E. 4th Avenue, Delray Beach, FL 33483, representing the Lake Worth Drainage District, distributed handouts to the
Commission. Mr. Carney stated this City has made a lot of effort to preserve water and asked if we will be compensated. Mr. Hasko stated what staff expects to gain is “regulatory certainty”
and we will not be subjected to continuing negotiations, reviews, and applications and constant reviews of our demand usage, per capita usage from South Florida Water Management District
with an eye towards modifying the City’s Consumptive Use Permit (CUP). Mr. Perry stated they are trying to bring on as many participants as possible. He stated they had Hallandale Beach
and Dania Beach join the last couple of weeks and Boynton Beach has joined them also. Mr. Perry gave a brief overview of the Memorandum of Understanding (MOU) that he is requesting the
Commission to sign and it runs out the end of December. He stated they are looking at a short-term participation and it is a non-binding agreement and they are not asking for any dollars
today but in time they will be coming around asking for participation with dollars. Mr. Perry stated the C-51 project is a utilities driven project and will be for the benefit of the
human population. Brief discussion between the Commission and Mr. Perry followed. Mayor McDuffie stated we are doing this in part for the hydrology because we keep out salt water intrusion.
Dr. Alperin moved to approve the Memorandum of Understanding (MOU) between South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Palm Beach County and
the City of Fort Lauderdale, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin
– Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 38-11:
Consider an annexation (via the provisions of the executed Agreement for Water Service and Consent to Annexation) with initial City zoning of CF (Community Facilities) for Lago Vista,
located at the southeast corner of Linton Boulevard and the LWDD E-3 Canal. (Quasi-Judicial Hearing) The caption of Ordinance No. 38-11 is as follows:
13 11/01/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF LINTON
BOULEVARD AND LWDD E-3 CANAL, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO COMMUNITY FACILITIES (CF); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-11 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 McDuffie asked the Commission to disclose
their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a Cityinitiated annexation
subject to provisions of an executed Water Service Agreement for the Lago Vista property and the application of initial zoning of CF (Community Facilities). Mr. Dorling stated this is
a 6.12 acre site located on the south side of Linton Boulevard west of the Delray Medical Center. He stated this is a 44,514 square foot nursing home with 120 units. This annexation
is pursuant to the Water Service Agreement executed on March 18, 1999. Mr. Dorling stated that Water Service Agreement called for a phased annexation of properties at the southwest corner
starting with the shopping center to be done in 2011, the hospital in 2005, and the Fair Oaks property immediately south of this one in 2008 and this was the last of the properties to
be annexed in the year 2011. Mr. Dorling stated it is in our annexation area designated as the Annexation Area “B” and this is the second and FINAL Reading. At its meeting of July 18,
2011, the Planning and Zoning Board considered this item and recommended approval. Mr. Dorling stated this is part of the Comprehensive Plan which had to go to the State so the first
reading was several months ago and it has gone to the State and now it is back for second reading. He stated staff notified the County and they have no objections to the annexation,
the Interlocal Plan Amendment Review Committee
14 11/01/11 (IPARC) was also notified and they have no objections, Lake Worth Drainage District was contacted and they also have no objections. Formal notice was provided to people within
500 feet and the City has received no comments. Staff recommends approval of Ordinance No. 38-11 on Second and Final Reading. The City Attorney stated the City is the applicant for the
rezoning portion of this. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 38-11, the
public hearing was closed. Mr. Carney moved to adopt Ordinance No. 38-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 25-11: (SECOND READING/ADOPTION HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2011-1): Consider approval and adoption of Comprehensive Plan amendment 2011-1 including the following text changes. A. City Initiated Text Amendments:
i. City Initiated: Future Land Use Element -Addition of Policy A-5.4 to require the building and site designs for all development and redevelopment projects to incorporate Crime Prevention
Through Environmental Design (CPTED) standards to the greatest extent possible. ii. City-initiated: Capital Improvement Element -Update the City’s Reclaimed Water Capital Improvement
Schedule (Table RW-CIP) to reflect adoption of the FY2012-FY2016 Capital Improvements Program. iii. City-initiated: Capital Improvement Element -Update the City’s Five-Year Capital Improvements
Schedule (Table CICIP) to reflect adoption of the FY2012-FY2016 Capital Improvements Program. iv. City-initiated: Capital Improvement Element -Update the Palm Beach County School District’s
Capital Improvement Schedule (Table SD-CIP) to reflect adoption of its FY2012-FY2016 Capital Improvements Program. B. City initiated Future Land Use Map amendment:
15 11/01/11 i. City initiated Future Land Use Map amendment from County INST/8 (Institutional with an underlying Residential of 8 units per acre) to City CF (Community Facilities) for
Lago Vista, located at the southeast corner of Linton Boulevard and the LWDD E-3. (Quasi-Judicial Hearing) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2011-1, PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ENTITLED “COMPREHENSIVE PLAN AMENDMENT 2011-1” AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-11 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this is Comprehensive
Plan Amendment 2011-1 and had its first reading in April 2011 and was transmitted to the State. Mr. Dorling stated at the time it was transmitted to the State it included one City-initiated
land use amendment which is the Lago Vista nursing home and one City-initiated text amendment which related to a policy that was being added that suggested that projects incorporate
crime prevention through environmental design standards to the greatest extent possible during their review. Mr. Dorling stated there have been three additional amendments that have
been added to this at second reading. He stated these usually do not receive any comment from the State and this is the way these additions are handled. Mr. Dorling stated those additions
include tables associated with Five-Year Capital Improvement Schedule for 2012-2016; Capital Improvement Schedule for Palm Beach County which is in the Public School’s Element and some
modifications to the City’s Reclaimed Water Capital Improvement Schedule for 2012-2016. At its meeting of July 18, 2011, the Planning and Zoning Board considered this and there were
no comments from the public and the Board voted 5 to 0 to recommend approval.
16 11/01/11 Mayor McDuffie declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 25-11, the public hearing
was closed. Dr. Alperin moved to adopt Ordinance No. 25-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes;
Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:25 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and Public. 11.A. City Manager’s response to prior public comments and inquiries. The City Manager stated at the
last meeting Mrs. Finst raised concerns about the parking arrangements at the Milagro Center. Staff took a look at that and they are following the approved site plan which they believe
is set up to give the maximum safety for pickup and drop off for children. 11.B. From the Public. 11.B.1. Jolene McClure, owner of Off the Ave Food & Spirits, 19 S.E. 5th Avenue, Delray
Beach, FL, expressed concern over an issue that they are having in this part of the downtown area and stated in front of Starbucks there is an element of disgrace and dysfunction that
is giving a black eye to the City. Ms. McClure stated there are drug deals, criminals, and people are being accosted and are afraid to cross Federal Highway. She stated there have been
purse snatchings and robberies and noted she has called the Police 12 times in the last week. Ms. McClure stated people are intimidated and they do not want to walk through the front
door of her businesses urged the City to help the businesses in this area (Federal Highway going south). She stated people are being accosted while getting out of their cars and while
walking by Starbucks. Ms. McClure stated the other day she called the police five times in one morning and 27 minutes someone showed up. Ms. McClure stated because of the intimidation
element there should be 24 hour police presence to her end of the street. She stated the City promotes people coming to the downtown area and stated this is not an element that we need
to promote because it is killing the businesses. 11.B.2. Mike Malone, Chamber of Commerce, 64 S.E. 5th Avenue, Delray Beach, FL, stated as a follow up to Ms. McClure’s comments, the
Chamber met with a group of their merchants downtown a couple of weeks ago and joined another meeting that the DDA had and in their Government Affairs meeting on Friday discussed this
being one of the many issues. Mr. Malone stated they are hearing from more of the merchants about a lot of people hanging out on the streets and he noted they have seen an increase over
this past summer. He stated anything the Police Department can do in visiting with some of those people would be helpful. Mr. Malone stated they are going to
17 11/01/11 be working with the merchants and they talked to Marjorie Ferrer with Clean and Safe to help work that area as well to see if there is something they can do together with
the DDA to come from the merchant side as well. Mr. Frankel reiterated similar comments expressed by Ms. McClure and stated on that corner there are people hanging out all day. He stated
we used to have Clean and Safe Officers walk up and down the street doing preventive measures. Mr. Frankel stated the Clean and Safe Officers are driving not walking up and down the
Avenue. Mr. Carney stated a greater police presence (i.e. walk-through) might not be a bad idea. 11.B.3. Bonita Goldstein, 302 N.E. 7th Avenue, FL 33483, supports the comments that are
being said this evening and mentioned one of the City’s goals about quality neighborhoods where people want to live. Ms. Goldstein stated shortly after she purchased property on 7th
Avenue and 3rd Street she came across an article on the internet proclaiming “Delray Beach Rehab Capital of the World”. Ms. Goldstein stated despite this article she opened the first
Bed and Breakfast in Delray Beach and stated they are now living in fear that their guests may find themselves victims of theft just by being in this neighborhood. Ms. Goldstein stated
their neighborhood is under siege with one theft after another and noted that people’s homes are being invaded by rehabbers needing money for their next fix. She stated the rehab facility
on 3rd Street and Federal Highway behind her property has been sold to another rehab business. Ms. Goldstein suggested that there be real lock down on facilities that promote themselves
as rehabs and urged the City to provide additional security for this situation. 11.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of
the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), briefly discussed the Police Department and the response time as mentioned by Ms. McClure. Dr. Kirson
feels that the City has taken a lot of benefits away from the Police and stated you cannot do that to people and expect them to give you the same performance. The City Manager stated
the Police Officers are performing in a fine manner and he is sure if they are made aware of this issue that they will address it appropriately. The City Manager stated Dr. Kirson should
not disparage the performance of our Police Department because it is not appropriate and he has no basis for it. The City Manager stated the response times have not gone down and this
was a low priority call and it was treated as such. 11.B.5. Anthony Cottone, member of the Financial Review Board, stated he has been doing research for the City in regards to the tennis
facilities and noted that the After School Programs and the Summer Camps are not at capacity. Mr. Cottone stated the capacity for the City Hall/Community Center Camp is about 100 and
the capacity at Pompey Park is about 200 for under age 12. He stated the cost per month for an under
18 11/01/11 privileged child was $8.00 per month and now it is $50.00 a month. Mr. Cottone stated he attended the Teen Center today and there is only about 20 people attending the facility.
He stated out of the City’s $100,000,000 million budget $15 million is used on Parks and Recreation and there needs to be some reallocation of the funds so that these underprivileged
kids can get the structure that they need so that they do not stay home unsupervised and turn into this drug element that the City is trying to avoid. Mr. Cottone stated he would like
to get this on the Agenda and promote this program so these underprivileged kids can receive some type of subsidies so that these programs can be used more. 11.B.6. Sarah Martin, Executive
Director of the Delray Beach Marketing Cooperative, stated she has also dealt with the Starbucks issue off S.E. 5th Avenue. She stated it is sometimes difficult, uncomfortable, and almost
impassible along the sidewalk and she opts to walk on the west side of the road. Ms. Martin commented about the “On the Ave” Centennial Celebration and stated this was a collaborative
effort with many different groups. She recognized Gary “Buzzy” Buzen and Joey Vaslishan from the Public Works Department for all their help. 9.D. SETTLEMENT OFFER IN ILENIA JOSEPH v.
CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Ilenia Joseph v. City of Delray Beach. Staff recommends approval subject to the receipt of the
appropriate releases. Brian Shutt, Assistant City Attorney, stated this is a settlement offer in Ilenia Joseph v. the City of Delray Beach and this case arose out of a City employee
leaving the Fire Department headquarters and pulling into the path of Ms. Joseph and she sustained injuries in the amount of $17,300.00 to date. Staff recommends a Settlement Offer in
the amount of $20,000.00 subject to the appropriate releases. Mr. Carney moved to approve the Settlement Offer subject to the appropriate releases, seconded by Mr. Frankel. Upon roll
call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL
EVENT REQUEST/TREE LIGHTING/ON THE AVENUE: Consider approval of a special event request to endorse the Tree Lighting and On the Avenue to be held on December 1, 2011 from 5:00 p.m. to
10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to N.E./S.E. 6th Avenue, and to the alley north of Atlantic Avenue
on N.E. 1st Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1st Avenue, S.E. 2nd Avenue, S.E. 3rd Avenue and S.E. 4th Avenue;
to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance, fire
19 11/01/11 inspection services and use of the large City stage; contingent upon receipt of the Hold Harmless Agreement. Robert A. Barcinski, Assistant City Manager, stated this is a
Special Event Request for the Tree Lighting on Atlantic Avenue December 1, 2011 from 5:00 p.m. to 10:30 p.m., to grant temporary use permit for closure of Atlantic Avenue as specified
and requesting staff support for security, traffic control, banner hanging, barricading, etc. Mr. Barcinski stated everything that is required was included in the permit request, budget,
site plan, tree lighting schedule and an economic calculator for this event. He stated this is a shared event between the City and the Downtown Marketing Cooperative (DMC). The tree
lighting portion is the City’s and On the Avenue belongs to the DMC. The estimated overtime costs for the event is $12,630.00 of which $5,050.00 is assigned to the Tree Lighting and
$7,580.00 for On the Avenue. These cost estimates will be lower if we do not do the “Dinner in the Sky”. The estimate of overtime cost is $2,655.00 and all other costs being related
to the tree lighting. Mr. Barcinski stated Ms. Martin proposes to add an element which is “Dinner in the Sky” and staff has included pictures in the back up. Staff has concern over this
because this is a seating arrangement of 22 seats and you get a chef in the middle and you get lifted up 160 feet in the air on a crane and the location is in the middle of the pavilion
grounds. Staff’s concern is with the helicopter landing in the park, the tree lighting going on simultaneously, and having this event that same night in the pavilion grounds that it
would be overcrowding the site. Mr. Barcinski stated staff is concerned with safety and because of the crowd control. Staff recommends approval contingent on the Hold Harmless Agreement
Liability insurance by November 23rd; however, staff does not recommend the “Dinner in the Sky” element. Sarah Martin, Executive Director of the Downtown Marketing Cooperative (DMC),
stated the “Dinner in the Sky” event has been organized in over 34 countries and there is no open fire utilized on the open table and all food is prepared on the ground and taken up
and then served in a fancy fashion at the table. Ms. Martin stated you must be at least 4 feet 11 inches to go on the ride and if you have to go to the restroom it can go up and down
in one minute. She stated the ride is tested every three months by an accredited testing agency in the U.S. Ms. Martin stated this has been done all around the world and out of all 34
countries there has never been one incident or insurance claim against the company. Ms. Martin stated they need a restaurant sponsor in order for this to happen. She stated they have
discussed some alternate locations for the crane and they would not move forward unless it was approved by them. One of which was to put the table on the top of the garage and lift it
from there so that it would not impact the people on the ground. This portion of the event will raise a substantial amount of money that will help them supplement their sponsorship dollars.
Ms. Martin stated at the $500.00 level they would have 88 seats available. Ms. Martin stated she is working on getting the crane and the freight donated; however, the rental for this
alone for 8 hours is $40,000.00. Ms. Martin stated the money would go back to the production of the 100 foot Christmas tree and marketing and stated it would be approximately $15,000-$22,000.
She stated this will help fulfill their agreement with the City which is to fundraise, produce and program these events.
20 11/01/11 Mrs. Gray asked if the DMC is preselling tickets and whether or not they have sponsors for these in case they do not sell out. Ms. Martin stated the restaurant actually runs
the risk. Ms. Martin stated once all the tickets are sold the restaurant would be liable for $18,000.00 which they could split with a liquor sponsor and that would bring their liability
down to $9,000.00; if there are less tickets sold the restaurant has to actually bear the cost. Brief discussion between Ms. Martin and Mayor McDuffie followed. Ms. Martin stated 50%
goes to the DMC and the remainder goes back to the restaurant to offset the $40,000.00. The restaurant still has to come up with an additional $18,000.00 which the DMC suggested they
split with the liquor sponsor. The City will receive half the gross amount. Ms. Martin stated this is an extreme branding opportunity for a restaurateur who has multiple restaurants
and the DMC is in discussions with all of them. The Commission concurred that this is an extreme branding opportunity for the City. Mrs. Gray stated on the night of the Tree Lighting
there is music in several spots and events going on and asked if this is being extended to the plaza. Ms. Martin stated they are working closely with Prep and Sports for the activities
that they held previously at the last On the Avenue to help supplement their funding. She stated last time they did it total gratis and this time the DMC is actually helping them financially
to do that and partnering on it together. Dr. Alperin moved to approve the Special Event Request for the Tree Lighting and On the Avenue with the Dinner in the Sky element to be held
on December 1, 2011 from 5:00 p.m. to 10:00 p.m., seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/50TH ANNUAL DELRAY AFFAIR: Consider approval of a special event request from the Chamber
of Commerce to endorse the 50th Annual Delray Affair to be held on April 13-15, 2012, to grant a temporary use permit per LDR’s Section 2.4.6(F) for use of City property and rights-ofway
as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the
only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event, and to provide staff support as requested; contingent
upon the conditions of approval listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a Special Event permit request for the 50th Annual Delray Affair
to be held April 13-15, 2012 granting the temporary use permit for the closure of Atlantic Avenue, other rights-of-way and use of the park. Mr. Barcinski stated they are asking for a
one block extension west to S.W. 2nd
21 11/01/11 Avenue versus N.W. 1st Avenue. Mr. Barcinski stated they are also requesting that this be the only event allowed during that time. Staff recommends approval with the following
conditions: (1) allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director per Code, (2) receipt of a Certificate of Event
Liability and Alcohol Liability Insurance by March 30, 2012, (3) alcohol sales must be contained in a beer garden with security, (4) not allow vendor parking in Veterans Park, (5) Copies
of signed rental agreements with Old School Square and the City for use of Old School Square Park by March 30, 2012, (6) Only allow use of City Attorney lot for vendor parking on Saturday
and Sunday, April 14 & 15, 2012. Mr. Barcinski stated all other lots requested would be for vendor parking on a non-exclusive use and the City will be charging in the garage and the
County garage as well as the City Hall lot. Mrs. Gray asked why they wanted to recommend that there would be no other events in the City. Mr. Barcinski stated it takes up almost the
entire downtown and City staff is spread very thin. Mr. Frankel expressed concerns over the new setup last year. Bern Ryan, CFO of Festival Management Group, 64-B S.E. 5th Avenue, Delray
Beach, FL 33483, stated because they lost the use of Atlantic Plaza they had to reconfigure the footprint of the event. Last year they had some issues with Old School Square being blocked
by a very large tent at N.E. 1st Avenue. Mr. Ryan stated that tent will not be there this year because they are doing some additional entertainment at the Old School Square area to draw
more foot traffic over there. He stated they are going to attempt to do more signage this year and do some more direction to get some of those vendors who had been there a long time
over there. Mr. Ryan stated well over 50% of the vendors who are in that area have requested to again be put in Old School Square. Dr. Alperin asked Mr. Ryan if he is confident that
Atlantic Plaza and Veteran’s Park is not going to be available this year. Mr. Ryan stated due to pending construction and that it is private property, Atlantic Plaza elected last year
to not allow the Delray Affair to utilize that space. Mr. Frankel moved to approve the Special Event Request for the 50th Annual Delray Affair with staff conditions, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0
vote. 9.G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation
system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to appoint Annette Annechild as a regular member to the Police Advisory Board to serve an unexpired
term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor
22 11/01/11 McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. At this time, Commissioner Carney left the dais. 9.H. APPOINTMENT
TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be
made by Commissioner Gray (Seat #4). Mrs. Gray stated she wished to defer her appointment to the next regular meeting of November 15, 2011. 9.I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD:
Appoint one (1) regular member to the Financial Review Board to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner
Frankel (Seat #3). Mr. Frankel moved to reappoint David Stein as a regular member to the Financial Review Board to serve an unexpired term ending July 31, 2012, seconded by Dr. Alperin.
Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0 vote. 9.J. APPOINTMENT TO
THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013. Based upon the rotation system, the appointment
will be made by Commissioner Alperin (Seat #2). Dr. Alperin moved to appoint Stephanie Sugar as a regular member to the Code Enforcement Board to serve an unexpired term ending January
14, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with
a 4 to 0 vote. 9.K. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2013. Based upon
the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Brenda Cullinan as an alternate member to the Board of Adjustment to
serve an unexpired term ending August 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes. Said motion passed with a 4 to 0 vote.
23 11/01/11 At this point, the time being 8:10 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 37-11: Consider a city initiated amendment
to the Land Development Regulations (LDR) Section 4.5.3, “Flood Damage Control Districts”, Subsection (D), “Construction Standards”, to modify the section while maintaining compliance
with State Statutes and Federal Requirements. If passed, a public hearing will be held on November 15, 2011. The caption of Ordinance No. 37-11 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 SECTION 4.5.3, “FLOOD DAMAGE CONTROL DISTRICTS”, SUBSECTION
(D) “CONSTRUCTION STANDARDS”, TO MODIFY THE SECTION WHILE MAINTAINING COMPLIANCE WITH STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The
official copy of Ordinance No. 37-11 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning,
stated on January 11, 2011, the City Commission adopted Ordinance No. 02-11 which amended the flood damage control regulations for the City. Mr. Dorling stated one of the major items
was requiring that the lowest floor elevation be raised 12 inches above the base floor elevation for all new construction. He stated it has created some issues and obstacles as it relates
to maintaining drainage on adjacent sites given very close setbacks. Mr. Dorling stated at the time those were adopted it was thought that they were mandated by the State and staff has
come to find out that they were actually optional and staff would like to remove the language that has become problematic as it relates to raising that elevation 12 inches. At its meeting
of September 19, 2011, the Planning and Zoning Board considered this item and recommended approval. Staff recommends approval. Dr. Alperin stated when you require a new house to be raised
any level from the previous houses it is causing the drainage to go into the next houses. He stated we need to solve this problem and feels the old houses get flooded yards because of
the City’s requirements.
24 11/01/11 The City Manager stated we should require them to build a stem wall instead of just raising the ground level. Dr. Alperin moved to approve Ordinance No. 37-11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed
with a 5 to 0 vote. 12.B. ORDINANCE NO. 40-11: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3), “In-Lieu Fee”, to clarify that the maximum
percentage of in-lieu spaces applies only to new developments and the expansion of existing developments. If passed, a public hearing will be held on November 15, 2011. The caption of
Ordinance No. 40-11 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
SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION (E), “LOCATION OF PARKING SPACES”, PARAGRAPH (3), “IN-LIEU FEE”; TO CLARIFY THE APPLICABILITY OF THE MAXIMUM PERCENTAGE OF
IN-LIEU PARKING SPACES PERMITTED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-11 is on file in the City Clerk’s
office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated on August 2, 2011, the City Commission adopted Ordinance No.
21-11 and that limited the number of required parking that could be satisfied via the purchase of in-lieu spaces to 30% of the required spaces. Mr. Dorling stated this ordinance will
clarify that this 30% maximum will apply to in-lieu requests involving new development or expansion of existing uses. At its meeting of October 10, 2011, the Downtown Development Authority
(DDA) reviewed the item and recommended approval; at its meeting of October 11, 2011, the West Atlantic Redevelopment Coalition (WARC) reviewed the item and recommended approval; at
its meeting of October 13, 2011, the Community Redevelopment Agency (CRA) reviewed the item and recommended approval; at its meeting of October 25, 2011, the Parking Management Advisory
Board (PMAB) reviewed the item and recommended approval; at its meeting of October 17, 2011, the
25 11/01/11 Planning and Zoning Board reviewed the item and recommended approval. Mr. Frankel moved to approve Ordinance No. 40-11 on FIRST Reading, seconded by Mr. Carney. Upon roll
call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE
NO. 41-11: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.6(F), “Temporary Use Permit”, to clarify the approval authority for uses under a
tent. If passed, a public hearing will be held on November 15, 2011. The caption of Ordinance No. 41-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.6, “PROCEDURES FOR OBTAINING PERMITS AND APPROVALS”, SUBSECTION (F), “TEMPORARY USE PERMIT”, TO CLARIFY THAT
THE CHIEF BUILDING OFFICIAL MAY GRANT PERMISSION FOR TEMPORARY USES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.
41-11 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this came out of discussions
that the Commission had a couple of months ago as it related to assembly uses that wanted some extended periods of time. Mr. Dorling stated this clarifies that if there is a request
for three days or under it can be approved by this Chief Building Official. He stated it also specifies that requests over seven days are not allowed for those sorts of requests. At
its meeting of October 17, 2011, the Planning and Zoning Board considered this item and recommended to approve with 7 to 0 vote. Dr. Alperin inquired about seasonal items. Mr. Dorling
stated seasonal items are not subject to that time restriction and noted that this is for assembly occupancies only.
26 11/01/11 Dr. Alperin moved to approve Ordinance No. 41-11 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney
– Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 42-11: Consider an amendment to Chapter 33, “Police and Fire-Rescue
Departments”, Section 33.64, “Contributions”, Subsection (A), “Member Contributions”, to increase employee contributions by 3% in compliance with the new terms of the Collective Bargaining
Agreement. If passed, a public hearing will be held on November 15, 2011. The caption of Ordinance No. 42-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 33, “POLICE AND FIRE-RESCUE DEPARTMENTS”, SECTION, 33.64, “CONTRIBUTIONS", SUBSECTION (A), “MEMBER CONTRIBUTIONS”, TO MODIFY MEMBER CONTRIBUTIONS FOR
POLICE OFFICERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-11 is on file in the City Clerk’s office.) The City
Attorney read the caption of the ordinance and stated this ordinance implements the pension changes for Police Officers that was recently contained in the Collective Bargaining Agreement.
The City Attorney stated it increases the member contribution from 3% to 6% and removed an out-of-date reference to a previous member contribution amount that was no longer applicable.
Dr. Alperin moved to approve Ordinance No. 42-11 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:25 p.m., the Commission moved to Item 13, Comments and Inquiries
on Non-Agenda Items from the City Manager, City Attorney and City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager
27 11/01/11 The City Manager stated he received an email on Monday from the International Institute of Municipal Clerks (IIMC) that Chevelle D. Nubin, City Clerk, City of Delray Beach
has earned the designation of Master Municipal Clerk which is awarded by the International Institute of Municipal Clerks Incorporated. The City Manager stated the IIMC awards the Master
Municipal Clerk designation only to those municipal clerks who complete demanding education requirements and who have a record of significant contributions to their local government,
community and state. Secondly, the City Manager stated with regard to the Palm Beach County League of Cities Meeting last week the League approved the draft lobbyist registration ordinance
that will be going to the County Commission and hopefully is on its way to being finalized. The City Manager stated there are also revisions to the Well Field Protection ordinance. He
stated there was some discussion about the possibility of a municipal service taxing unit for law enforcement services and noted that Marion County and Okeechobee County have done that.
The City Manager stated Lynn University was awarded a bid for one of the Presidential Debates and they are looking for host venues for simulcast and this is something the City can talk
to Old School Square about and see if there would be some interest in doing that. The City Manager stated the Tri-Cities barbeque is in Pahokee on December 9, 2011. He stated at the
Florida League Legislative Committee Meetings last Friday in Orlando they discussed 8 issues: red light cameras, sweepstakes, internet cafés, e-911 call operator exemption for sworn
law enforcement officers, effective public notice, and cost of Code Enforcement violation mailings. The City Manager stated right now you are required to send certified mail return receipt
requested and in the post office today certified mail is tracked so there is no reason to continue requiring return receipt and it would save quite a bit of money if you did not have
to do that. The City Manager stated there was also some discussion about secondary metals recyclers and whether that needed to be amended. The City Manager stated what was brought up
this year and it would be helpful to the City is a special event immunity provision. He stated a few years ago the State adopted an immunity provision for skateboard parks that if you
are injured in a skateboard park and you signed a waiver that the City cannot be held liable for that. The City Manager stated the City of North Port brought up the idea of trying to
get the legislature to provide liability protection for the City when you have non-profit agencies holding events on City property. He stated now a non-profit is required to go out and
buy a separate insurance policy to insure the City in addition to the insurance coverage they already have. The City Manager stated this would be beneficial to many non-profits. The
City Manager stated there was also discussion about the proposed casino bill for Dade and Broward Counties. He stated the priorities that the City chose so far are red light cameras;
e-911 call operator for sworn law enforcement officers, and effective public notice and the strategy of public notice is to try to chip away at it. The City Manager stated there is a
bill that would allow a lot of things to be advertised on the
28 11/01/11 internet, by posting, or other effective means but there is no overcoming the newspaper lobby on that. He stated there is another bill that would require you to still buy
ads but you can buy them on the online version of the newspaper. The City Manager stated they will probably start with land use amendments where they would delete the requirement that
you include a map in the ad because the map is so small you cannot really read it. He stated those three issues are going forward and when they meet in September they have to narrow
it down to two of these issues. The City Manager stated there are two bills that have been introduced and one would prohibit internet cafés and the other would regulate them. He stated
while they felt it is a big issue, it was not a priority compared to some other things that could save the City a good deal of money. 13.B. City Attorney The City Attorney had no comments
or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mrs. Gray Mrs. Gray thanked everyone that came out to the Community Redevelopment Agency (CRA) meeting for the proposed
hotel and stated there was a great turnout and great feedback from the residents and business owners. Secondly, Mrs. Gray stated at the S.W. 5th Avenue and Atlantic Avenue Plaza Park
there are kids that are skateboarding up and down the stage area. She mentioned the signage for the garages and asked what is being done to advertise the garage. The City Manager stated
there are visible signs for the Old School Square Garage and the City would like to put some more directional signs up. The sign in the median on Atlantic Avenue was changed from black
and white to the yellow color that is standard for parking. The City Manager stated the City wants to put some on the span wires where the signals are at 1st and Swinton Avenue. Also,
he stated the Federspiel Garage could stand some improvement. Mrs. Gray inquired about the in-lieu parking fees. The City Manager stated these fees go into a fund to be used to create
more parking. He stated it is divided into different zones and each zone is tracked separately. Mrs. Gray commented about the safety of the garage and whether we are considering installing
cameras not just manning it. The City Manager stated the valet will be on the top floor and the idea is to get people more up and down in the structure all the time. Mrs. Gray asked
about people that are just self-parking and asked how we are going to make them feel a little safer. Dr. Alperin asked if we have a record of how many in-lieu spaces we have authorized
over the years and how many have been done since the Old School Square Garage and the Federspiel Garage has been built or how many spaces are still available for more in-lieu use for
the downtown areas.
29 11/01/11 Dr. Alperin stated he went into a parking garage in Peru and was shocked at how bright and lit up it was and the owner was selling advertising inside the garage for local
businesses. 13.C.2. Mr. Carney Mr. Carney stated as it relates to return receipt requested and having been involved in representing lenders often times documents talk about when received
and he knows you can track things but noted a signature is great. The City Manager stated there are two other examples where that has already been repealed; one is for towing businesses
and he cannot remember what the other one is. The City Manager stated they feel for Code Enforcement why should they be held to a higher standard. Mr. Carney concurred with comments
expressed by Mrs. Gray. Mr. Carney concurred with Dr. Alperin and stated based on the garage he would like to know how many of the in-lieu parking spaces have we sold. 13.C.3. Mr. Frankel
Mr. Frankel had no comments or inquiries on non-agenda items. 13.C.4. Dr. Alperin Dr. Alperin stated ten years ago there was discussion about building the clubhouse at the Golf Course
and that it would be a waste of money and it would never succeed but it is a huge success. Dr. Alperin stated we now have international tennis and we are now known for tennis. He stated
some people did not agree that we should spend money on beautifying and creating the pedestrian walkway of Atlantic Avenue. Dr. Alperin stated if you put money into it and invest it
and take a chance it pays off. Secondly, Dr. Alperin stated when he was in Peru he had the opportunity to eat guinea pig and alpaca. 13.C.5. Mayor McDuffie Mayor McDuffie stated tomorrow
the Digital Divide Committee will meet. The project will kick-off in west Delray Beach. He stated from the CRA they currently have $90,000.00 in funding and $9,900.00 in contributions
from private citizens. Mayor McDuffie stated the cost is approximately $120,000.00 and right now we have $99,900.00 in hand. He stated this project will blanket the area from Lake Ida
south to 10th Street from Swinton Avenue west to Congress Avenue with free wireless equipment. In addition, Mayor McDuffie stated there are three participating schools (Atlantic High
School, Spady Elementary, and the Village Academy) who are refurbishing PC’s. Mayor McDuffie stated this is free and noted there are multiple partners.
30 11/01/11 Secondly, Mayor McDuffie stated he “pardoned” a turkey at the Green Market. Mayor McDuffie stated he had a meeting today with the Lobbyist Registration Software Committee
going over the prototype of all the screens for lobbyist registration which will be available to all municipalities as well as the County so that every city will be able to get on board
and we will be able to register our lobbyist online. The lobbyist themselves will pay a fee and that fee will pay for the registration system so there will be no charge to us. He stated
he was at the Achievement Center for Children and Families for lunch today and was reminded what a marvelous job that the Achievement Center does in our community. Mayor McDuffie stated
lots of dignitaries came by today to see what the Achievement Center does and the compliments were incredible. Mayor McDuffie stated Nancy Hurd and her staff does an awesome job. Mayor
McDuffie stated any welfare family who has ever come into the Achievement Center has left the Achievement Center free from welfare and their rate of success on that today is 100%. There
being no further business, Mayor McDuffie declared the meeting adjourned at 8:54 p.m. _______________________________________ City Clerk ATTEST: ____________________________________
M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on Tuesday,
November 1, 2011, which Minutes were formally approved and adopted by the City Commission on ________________________. __________________________________________________ City Clerk
31 11/01/11 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this 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.
City Commission Meeting on November 1, 2011; Item 9.A.
City Commission Meeting on November 1, 2011; Item 9.A.
City Commission Meeting on November 1, 2011; Item 9.A.
City Commission Meeting on November 1, 2011; Item 9.B.
City Commission Meeting on November 1, 2011; Item 9.B.
WHEREAS, each year Americans generate more than 230 million tons of municipal solid waste, more than 4.5 pounds per person per day. While the nation has reached an overall recycling
rate of more than 33 percent, and Palm Beach County has reached 36 percent; and WHEREAS, the theme of America Recycles Day is “I Recycle”; and WHEREAS, America Recycles Day is a national
promotion to raise awareness about recycling and buying recycled products; and WHEREAS, recycling saves precious energy, conserves valuable natural resources, protects the environment,
and reduces landfill needs; and WHEREAS, waste reduction and the efficient use of our natural and economic resources is critical to a sustainable way of life, and WHEREAS, to focus the
nation’s attention on the importance of recycling and closing the loop, businesses, industries, government agencies, nonprofit organizations, and individuals have joined together to
celebrate America Recycles Day 2011 and encourage their fellow employees and employers, staff, customers, memberships and all citizens to pledge to do more. NOW, THEREFORE, I, NELSON
S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim November 15, 2011 as: AMERICA RECYCLES DAY in the City of Delray Beach,
Florida, and urge all citizens, schools, and organizations in the community to join with me in realizing the value and need to protect our environment. IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of November, 2011. ______________________________ NELSON S. McDUFFIE MAYOR
WHEREAS, St. Paul African Methodist Episcopal (AME) Church is the second oldest religious institution in Delray Beach; and WHEREAS, St. Paul AME Church, was established on November 19,
1897, in Fagan Henry’s vegetable packing house located on what is now Martin Luther King Jr. Drive. When it was established, it was given the name Mount Tabor AME Church; and WHEREAS,
the mothers and fathers of St. Paul AME Church started a brand new mission in the West Settlers District whose members came from the predominantly African American and Bahamian neighborhoods
of Hannah Town, Frog Alley and Greens Corner also known as “The Sands”; and WHEREAS, an alabaster cathedral on 5th Avenue evolved from the humble beginnings of St. Paul AME Church’s
first building, which was built in 1902, in the unincorporated village of Linton but was destroyed by the Hurricane of 1928; and WHEREAS, the mission of the AME Church is to minister
to the spiritual, intellectual, physical, emotional and environmental needs of all people by spreading Christ’s liberating gospel through word and deed; and WHEREAS, the global vision
of St. Paul AME Church embraces education, healthcare, housing and economic relief to the poor in Africa, the Afro-Caribbean Islands, Europe, Canada and India; and WHEREAS, on November
20, 2011, St. Paul AME Church will celebrate its 114th Anniversary. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission,
and all of the citizens of Delray Beach do hereby recognize: ST. PAUL AME CHURCH on its 114th Anniversary in the City of Delray Beach, Florida, and congratulate their commitment to outstanding
service and support to the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of
November, 2011. ____________________________ NELSON S. MCDUFFIE MAYOR
MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: November 9, 2011 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 FLORIDA ASSOCIATION OF CITY CLERKS (FACC)
SECOND VICE-PRESIDENT -LORI MCWILLIAMS
MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: November 8, 2011
SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 RESOLUTION NO. 53-11/ABANDONMENT OF UTILITY EASEMENT/MIDTOWN DELRAY ITEM BEFORE COMMISSION The request involves
abandoning a 12’ wide utility easement that covered a 8” water main that extended north into the Midtown Delray property (formerly Blood’s Grove Orchard) from a water main network serving
the Hammock Reserve development to the south. The easement was granted to the City of Delray Beach via an Easement Deed recorded in O.R.B. 9764, Page 1355 on April 28, 1997. BACKGROUND
On October 24, 2007 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Midtown Delray development. On March 17,
2008 the Planning and Zoning Board recommended approval of a preliminary subdivision plat and abandonment of this easement in association with the Midtown Delray development. The City
Commission approved the Plat on April 15, 2008, subject to processing of an easement abandonment. The abandonment is now before the City Commission for approval. The approved Water and
Sewer plans for the Midtown Delray development showed removal of the existing 8” water main and installation of new water mains throughout the development within dedicated rights-of-way
or other dedicated easement areas. The existing water main has been capped at the property line and is no longer in service under the easement on the subject property. The abandonment
request was submitted to eliminate the encumbrance of the existing easement which is no longer needed on the property. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding
must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general
area. The abandonment of the easement will not be detrimental to the provision of utility services since the water main in this easement has already been capped and will be relocated
with construction of the
Midtown Delray development. The City’s Environmental Services Department (water & sewer service) has reviewed the request and has no objection to the abandonment. Since the easement
area was dedicated to the City of Delray Beach as a utility easement for the provision of water services, Florida Power & Light, Comcast Cable, Florida Public Utilities Company and AT&T
do not have an interest in this request and therefore are not required to comment. Pursuant to the above, a positive finding pursuant to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION
By motion, approve Resolution No. 53-11 to abandon a 12’ wide utility easement dedicated via an Easement Deed recorded in OR Book 9764, Page 1355, of the Public Records of Palm Beach
County, Florida, lying within the Plat of Midtown Delray, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations.
RESOLUTION NO. 53-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B.
9764, PAGE 1355, AS MORE FULLY DESCRIBED IN EXHIBIT “A”. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated by easement
deed, as recorded in Official Records Book 9764, Page 1355 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit “A”; said easement lying within
the Plat of Midtown Delray, as recorded in Plat Book 111, Pages 87 through 90 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said
easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant
to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS,
the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services
to adjacent properties or the general area, 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 easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes,
it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A"
2 RES. NO. 53-11 PASSED AND ADOPTED in regular session on this the __ day of__________ , 2011. ________________________________ M A Y O R ATTEST: ___________________________ City Clerk
4 RES. NO. 53-11
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: November 3, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC./SW 12TH AVE/AUBURN/SW 14TH
AVE PROJECT #2010-098 ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 2 (CO #2) in the total amount of $13,647.50, for an adjustment in contract
quantities due to roadway slope adjustment to facilitate drainage; and overbuild to an existing asphalt driveway to match the new sidewalk grade; and a contract time extension of seven
(7) days; for the SW 12th Ave/Auburn/SW 14th Ave Project #2010-098. BACKGROUND On May 3, 2011, Commission approved a Contract Award to Foster Marine in the amount of $1,586,019.82 for
construction of improvements on SW 12th Ave./Auburn Ave./SW 14th Ave. from SW 10th St. to W. Atlantic Ave. The scope includes new pavement, micro-surfacing, curbing, parallel parking,
drainage (including swales), water main upgrades, landscaping, decorative street lights (SW 1st St to W. Atlantic Ave) and paver crosswalks. On June 23, 2011, the City Manager approved
an additional cost in the amount of $4,150.82 for electrical changes to provide LED street light fixtures in lieu of metal halide fixtures; to be paid out of the contract's Unforeseen
Conditions Allowance. Then on July 29, 2011, the City Manager approved an additional cost in the amount of $6,301.46 for excavation and disposal of debris encountered during pipe installation;
to be paid out of the Unforeseen Conditions Allowance. On September 6, 2011, Commission approved additional scope consisting of the relocation of ten (10) Sewer cleanouts between SW
3rd and 4th St. in the amount of $6,038.50; to be paid out of the contract's Unforeseen Conditions Allowance. On September 20, 2011, Commission approved additional scope in the total
amount of $24,710.49 for relocation of twelve (12) sewer laterals outside of the proposed sidewalk area in the block from SW 2nd St. to SW 3rd St.; two (2) additional street light poles,
due to the contractor not realizing that, when the revised electrical plan was issued changing the metal halide fixtures to LED fixtures, two additional poles were added; and the installation
of 72 LF of concrete ribbon as requested by the CRA, for 242 SW
12th Ave. On October 4, 2011, Commission approved Change Order No. 1 (CO #1) for the relocation of an additional twenty-eight sewer cleanouts out of the area of the proposed sidewalk,
in the additional amount of $16,907.80; and the cost of $1,400.00 for removal of two (2) existing inlets; the cost of the removal of the two (2) additional existing inlets which were
not included in the contract price was paid from the contract's Unforeseen Conditions Allowance. Change Order No. 2 (CO #2) is for an adjustment in contract quantities to Contract Line
Items #21 and #24 as follows: #21 -Type S-III Pavement Overbuild; quantities were added for the roadway slope adjustment along SW 12th Ave. and an existing asphalt driveway will require
asphalt overbuild to match the proposed sidewalk grade. Line Item #24 -4' Wide concrete sidewalk; to properly transition a new driveway elevation to the existing walkway. The contractor
is requesting a contract time extension of a total of seven (7) additional days; three (3) days to perform the work associated with CO #2, and four (4) days for weather delays. Attached,
please find the cost details on Exhibit "A" to CO #2, and a Location Map. FUNDING SOURCE Funding is available from 448-5461-538-68.04 (Storm Water Utility Fund/Other Improvement/SW 12
Ave/Auburn/SW 14 Ave.) after budget transfer. RECOMMENDATION Staff recommends approval of Change Order No. 2 for additional scope in the total amount of $13,647.50, for an adjustment
in contract quantities due to roadway slope adjustment to facilitate drainage; and overbuild to an existing asphalt driveway to match the new sidewalk grade; and a contract time extension
of seven (7) days; for the SW 12th Ave/Auburn/SW 14th Ave Project .
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: November 8, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 CONTRACT CLOSEOUT (CHANGE ORDER NO. 3)/FINAL/BRANG CONSTRUCTION, INC./MLK DR.
BEAUTIFICATION PROJECT #2004-056 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 3/Final) in the net deduct amount of ($18,556.10)
to Brang Construction, Inc., and final payment amount of $62,142.20; which includes $18,123.08 for additional asphalt overlay required to complete the MLK Drive Beautification Project
#2004-056. BACKGROUND On August 17, 2010, Commission approved a Contract Award to Brang Construction, Inc. in the amount of $844,890.00 for construction of the MLK Dr. Beautification;
Phase 1 Project. The beautification improvements along the MLK Dr. corridor encompass N.W. 2nd Street between N.W. 12th Avenue and N.E. 1st Avenue. Improvements include, but are not
limited to, landscaping, low voltage landscape lighting, irrigation, new sidewalks, decorative crosswalks, pocket parks, new street lighting, and decorative columns. On November 2, 2010,
Commission approved a Contract Addition (CO #1) in the amount of $653,303.08 for installation of a reclaimed water transmission and distribution system to provide irrigation to the project's
newly constructed landscaping elements. On September 6, 2011 Commission approved a Contract Addition (CO #2) for two (2) additional decorative columns. The total cost of the additional
columns is $8,900.00; funded as follows: $6,019.80 from the contract's Unforeseen Conditions Allowance and the remainder of $2,880.20 was added to the contract as a Contract Addition.
Change Order No. 3, includes plus and minus quanitity adjustments; additional cost of $18,213.08 for additional asphalt overlay required to complete the project; and liquidates the residual
from continguency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received.
FUNDING SOURCE Residual funds to be liquidated from Purchase Order #669735 to funding accounts 380-4150-572-63.28 (2004 G.O. Bond/Improvements Other/Pompey Park/Community Center), 334-4141-572-68.57
(General Construction Fund/Other Improvement/Cultural Loop/MLK Dr. PH 1) and 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff
recommends approval of the Contract Closeout (Change Order No. 3/Final) in the net deduct amount of ($18,556.10) to Brang Construction, Inc., and final payment amount of $62,142.20;
which includes $18,213.08 for additional asphalt overlay required to complete the MLK Drive Beautification Project#2004-056.
($36,769.18) ($36,769.18) ($18,556.10)
MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE:
October 28, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 TRI-PARTY AGREEMENT/FDOT/CSXT/CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Requesting approval/authorization
for the Mayor to execute a tri-party agreement between the Florida Department of Transportation (FDOT), CSX Transportation, Inc, (CSXT) and the City of Delray Beach to reimburse CSXT
an amount of $203,633.00 for the reconstruction of the SW 10th Street railroad crossing; Project No. 2008-047. BACKGROUND Several years ago Tri-Rail added a second track to the CSXT
line that crosses SW 10th Street. The City has requested that CSXT rebuild the original railroad crossing at SW 10th Street to create a smoother crossing for vehicular traffic. This
agreement is for the replacement of just one track, which is the older crossing. This agreement is a tri-party agreement because FDOT owns the right-of-way and CSXT is responsible for
maintaining the tracks. The City is required to reimburse CSXT for the requested work. FUNDING SOURCE Funding is available in 334-3162-541-46.90 after prior year balance roll over. RECOMMENDATION
Staff recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City
Manager DATE: October 24, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 IMPLEMENTATION OF THE VALET PARKING SERVICE IN THE OLD SCHOOL SQUARE GARAGE
ITEM BEFORE COMMISSION The item before the City Commission is that of approving implementation of valet parking service in the Old School Square Parking Garage. BACKGROUND The City Commission,
at its workshop of October 11, 2011, directed Staff to proceed with implementation of valet parking service at the Old School Square Garage. The benefits of the program are: 1. Increased
utilization through accommodation of various segments of the population uncomfortable with using parking garages; 2. Enhanced security of the facility due to valet attendants traveling
between the ground floor queuing area and rooftop parking; 3. Provision of a premium service to the residents and visitors of Delray Beach, and; 4. Creating additional revenue to further
the goal of creating a sustainable parking system. The proposal dedicates the rooftop and southernmost ground level of the OSS Parking Garage to the valet program, operated by the City's
current garage operator, Ameristar Parking Solutions, Inc. The queuing area will be one-way, east to west, traffic circulation accessed from NE 2nd Avenue, (Pineapple Grove Way), with
cars delivered to customers on the west side of the garage, exiting onto NE 1st Avenue. While the rooftop level will be the primary location for the storage of vehicles, during non-peak
times, (weekdays, off season, etc.), the operation will be contained on the ground level to reduce payroll costs. While staff is mindful of keeping operating costs at a minimum, reductions
in volume do not always correspond directly to reductions in staffing. Once possession of a vehicle is taken by an attendant, a staff member must be present to return the vehicle. The
program will be monitored closely, with periodic adjustments to assure the program is managed efficiently.
Parking rate schedules vary between flat fee systems, commonly prepaid and valid until the vehicle is removed from the facility; and ascending rate structures where the price is based
on actual length of stay. Flat fee systems work well during events and for programs such as our current Valet Parking program in the evening, when one's stay is limited to the culmination
of an event or evening out. Parking garages experience different utilization patterns varying in time and length of stay. Careful consideration has been give to the rate structure for
this program. While the flat fee system has been prevalent in Delray Beach, the daytime garage valet is different. Patrons intending to stay a short time, up to one hour or so, may feel
a flat fee is overpriced compared to someone staying several hours for the same fee. Conversely, for those using the service for extended periods, four to six, or even an eight hour
work day, the flat fee may be under priced given the amount of time parked. Therefore, staff proposes a hybrid rate structure, charging $2.00 per hour or part thereof, with a $10.00
maximum per day, for cars entering before 4:00 PM. Vehicles entering after 4:00 PM would be charged a flat fee of $10.00. For vehicles parked overnight, fees resume upon opening of the
valet the following day, (revenue that is customarily lost in a prepaid, flat fee system). A sample of the sign customers will see upon entering is attached to demonstrate the ease of
understanding (hopefully) the cost of parking when entering. It is noted that the program is flexible and can be easily modified to address market changes or to improve the program.
The current $5.00 fee collected for self parking on Thursdays, Fridays and Saturdays, will be maintained for those self parking in the garage. Comprehensive Plan Policy C-4.1 of the
Future Land Use Element addresses the rehabilitation and revitalization of the CBD (Central Business District) through innovative actions, including accommodating parking needs through
innovative actions. This program is intended to increase utilization of the parking garages, thereby relieving traffic congestion created by drivers circling while looking for parking.
REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of August 23, 2011, recommended approval of a valet parking program in the OSS Garage. Staff was directed by the
City Commission to move forward with this program at the October 11, 2011 workshop. While not formally presented, the Downtown Development Authority has been requesting daytime valet
service, which was challenging with the current program as the parking lots used by the valets were legally comitted to their corresponding uses during the work day. RECOMMENDATION By
motion, approve implementation of a Valet Parking Program in the Old School Square Garage, as outlined in the preceding staff report.
WELCOME TO DELRAY VALET 10 AM to Midnight – Sunday -Thursday 10 AM to 2:00 AM Friday & Saturday ENTER BEFORE 4:00 PM EACH HOUR, OR PART THEREOF $2.00 MAXIMUM TO CLOSE $10.00 ENTER AFTER
4:00 PM FLAT FEE -PAID UPON ENTRY $10.00 VEHICLES LEFT OVER NIGHT SUBJECT TO ADDITIONAL FEES RATES REPEAT UPON VALET OPENING KEYS MUST BE LEFT WITH ATTENDANT PLEASE SECURE ALL VALUABLES
-NOT RESPONSIBLE FOR ITEMS LEFT IN CARS
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 8, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR
COMMISSION MEETING OF NOVEMBER 15, 2011 HOUSING REHABILITATION GRANT/CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant(s) to be re-awarded
to the second lowest responsive bidder in the amount of $28,839.31 due to the low bidder's withdrawal request. Funding for the project is through the CDBG and RCMP Housing Rehabilitation
and grant. BACKGROUND This housing rehabilitation project was approved and awarded to Raymond Graeve & Sons Construction, Inc. at the October 18, 2011 City Commission meeting for a total
rehabilitation cost of $28, 090.46. Staff received a letter of withdrawal request from Raymond Graeve stating he is currently overloaded with projects and cannot commit to a start or
completion date. Approval is requested for one (1) Housing Rehabilitation grant(s) to be awarded to the second lowest responsive bidder for the following project: n 316 NW 6th Avenue/Built
Solid Construction./$26,615.00=Total Rehab cost: $28,839.31 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5%
contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional cost
may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG and RCMP Housing Rehabilitation program. Inspection
of work is done by the Department of Community Improvement’s Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property
owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms
require both contractor and homeowner’s signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities
will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual
case files are available for review in the Neighborhood Services Division Office.
The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process.
Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division’s professional in-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. Mr. Bowers is a City employee that has applied for assistance through the City’s Housing Rehabilitation Programs.
Mr. Bowers has been qualified for eligibility through the same process applicable to all applicants and will receive the same benefits available to all eligible applicants under the
City program. A letter was received from HUD dated September 30, 2011 approving the Wavier of Employee Conflict of Interest for Mr. Bowers. The Palm Beach County Commission on Ethics
issued an opinion on a similar matter dated July 25, 2011 which allowed employee participation in the County NSP program as outlined in the attached letter. The City also placed an advertisement
of Notice of Employee Participation in the August 6, 2011, Palm Beach Post. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 $ 23,746.81 Residential Construction Mitigation
Program 118-1936-554-49.19 $ 5,092.50 RECOMMENDATION Staff recommends re-awarding one (1) Housing Rehabilitation grant award(s) to the second lowest responsive bidder in the amount of
$28,839.31.
BID/QUOTE #: 13-2011NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: April 26, 2011 DATE OF BID OPENING: May 23, 2011 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation All
Phase Roofing $ 2 9,670.00 Yes All-Site Construction, Inc. ARZ Builders, Inc. $ 2 8,270.00 Built Solid Construction, LLC $ 2 6,615.00 Yes Citywide Construction Services, Inc. CJ Contracting,
LLC $ 3 1,276.00 Yes Cordoba Construction Co. Jemstone Construction Group, Inc. JIJ Construction Corp. KM Construction Inc. MacDonald Construction Company of Palm Beach Raymond Graeve
& Sons Construction, Inc. $ 2 5,920.00 Yes South Florida Construction Services, Inc. $ 2 7,105.00 Yes Sunband Builders Construction Inc. In-House Estimate: $ 2 4,996.55 RECOMMENDED CONTRACTOR:
Built Solid Construction, LLC. BID/CONTRACT AMOUNT : $ 26,615.00 5% Contingency $ 1,330.75 $ 27,945.75 Lead Inspection N/A Lead Clearance N/A Termite Inspection N/A Termite Treatment
855.36 Recording Fees 38.20 GRANT CONTRACT AMOUNT 28,839.31 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 $23,746.81 118-1936-554-49.19 $5,092.50
COMMENTS: Staff recommends awarding one (1) Housing Rehabilitation project to be awarded to the lowest responsive bidder. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING
REHABILITATION PROGRAM BID INFORMATION SHEET Richard Bowers 316 NW 6th Avenue Residential Construction Mitigation Program (RCMP)
BID /QUOTE NUMBER: 13-2011NS OWNER: ADDRESS: 316 NW 6th Avenue BID ADVERTISEMENT DATE: April 26, 2011 BID OPENING DATE: May 23, 2011 Richard Bowers In-HouseAbisset Corporation All Phase
Roofing All-Site Construction, Inc. ARZ Builders, Inc. Built Solid Construction, LLC CJ Contracting, LLC. Raymond Graeve & Sons Construction, Inc. South Florida Construction Services,
Inc. Sun Band Builders 1 Replace Soffit and Fascia $ 92.30 $ 170.00 $ 250.00 $ 150.00 $ 288.00 $ 175.00 $ 155.00 2 House Numbers $ 50.00 $ 40.00 $ 50.00 $ 85.00 $ 22.00 $ 30.00 $ 90.00
3 Hurricane Shutters $ 2,450.00 $ 3,250.00 $ 3,850.00 $ 3,500.00 $ 3,000.00 $ 3,300.00 $ 2,940.00 4 Install Exterior Door $ 1,450.00 $ 1,200.00 $ 2,750.00 $ 1,350.00 $ 1,300.00 $ 1,050.00
$ 1,320.00 5 Paint House Complete $ 1,925.25 $ 2,120.00 $ 1,950.00 $ 1,860.00 $ 3,800.00 $ 2,100.00 $ 2,210.00 6 Remove Replace Decorative Trim $ 475.00 $ 400.00 $ 750.00 $ 465.00 $
388.00 $ 350.00 $ 215.00 7 Repair All Windows $ 770.00 $ 910.00 $ 850.00 $ 940.00 $ 650.00 $ 575.00 $ 450.00 8 Repair Post Trim $ 85.00 $ 210.00 $ 300.00 $ 475.00 $ 400.00 $ 220.00 $
90.00 9 Install Base Trim $ 135.00 $ 780.00 $ 350.00 $ 785.00 $ 1,000.00 $ 575.00 $ 120.00 10 Install Cabinets and Counter Top $ 6,600.00 $ 5,850.00 $ 5,000.00 $ 4,375.00 $ 3,900.00
$ 5,100.00 $ 7,400.00 11 Install Carpet $ 1,376.00 $ 1,560.00 $ 1,875.00 $ 1,800.00 $ 1,800.00 $ 1,925.00 $ 2,850.00 12 Install Ceramic Floor Tile $ 1,417.50 $ 3,500.00 $ 1,100.00 $
1,600.00 $ 2,000.00 $ 2,100.00 $ 1,580.00 13 Install Interior Door $ 400.00 $ 325.00 $ 900.00 $ 295.00 $ 250.00 $ 300.00 $ 430.00 14 Paint Interior Complete $ 1,912.50 $ 2,300.00 $ 2,200.00
$ 1,875.00 $ 5,000.00 $ 2,375.00 $ 1,975.00 15 Repair Drywall $ 736.00 $ 300.00 $ 400.00 $ 665.00 $ 700.00 $ 325.00 $ 300.00 16 Install Vanity w/Sink $ 1,050.00 $ 1,560.00 $ 1,060.00
$ 1,275.00 $ 1,600.00 $ 1,025.00 $ 1,430.00 17 Install Water Heater $ 675.00 $ 600.00 $ 1,200.00 $ 695.00 $ 800.00 $ 675.00 $ 545.00 18 Repair Toilet $ 190.00 $ 400.00 $ 250.00 $ 200.00
$ 400.00 $ 225.00 $ 420.00 19 Install Exterior Light Fixture $ 230.00 $ 200.00 $ 175.00 $ 175.00 $ 210.00 $ 200.00 $ 85.00 20 Repair Ele. Service $ 1,350.00 $ 1,430.00 $ 750.00 $ 1,600.00
$ 1,100.00 $ 1,800.00 $ 1,130.00 21 Repair Kitchen Overhead Lighting $ 475.00 $ 615.00 $ 450.00 $ 785.00 $ 700.00 $ 395.00 $ 280.00 22 Replace Exhaust Fan $ 322.00 $ 585.00 $ 260.00
$ 550.00 $ 800.00 $ 240.00 $ 290.00 23 Smoke Detectors $ 600.00 $ 975.00 $ 650.00 $ 650.00 $ 800.00 $ 725.00 $ 690.00 24 Install Rangehood $ 230.00 $ 390.00 $ 900.00 $ 465.00 $ 368.00
$ 135.00 $ 110.00 TOTAL $ 24,996.55 $ -$ 29,670.00 $ -$ 28,270.00 $ 26,615.00 $ 31,276.00 $ 25,920.00 $ 27,105.00 $ -
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 8, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR
COMMISSION MEETING OF NOVEMBER 15, 2011 LANDSCAPE MAINTENANCE AGREEMENT/921 SOUTH OCEAN BOULEVARD, LLC. ITEM BEFORE COMMISSION The item before the Commission is for the approval of the
Landscape Maintenance Agreement, between the City and owner of the parcel, providing for the installation of new shrubs and groundcovers within the unpaved right-of-way in front of the
property addressed as 921 S. Ocean Boulevard. BACKGROUND The owner of the property is constructing a new single-family residence. They are requesting approval of the required Landscape
Maintenance Agreement, which states that the owner is responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner’s
approved landscape plan. The landscape plan provides for two layers of shrubs and groundcovers within the A1A/Ocean unpaved right-of-way. The proposed plantings consist of Confederate
Jasmine (groundcover) in front with Green Island Ficus (shrub) in the rear of these plantings. These plantings are required to be maintained below 36 inches. The owner’s agent has provided
documentation of permits being submitted to FDOT for both the landscape materials and irrigation within the FDOT’s right-of-way associated with the construction of this new single family
home. RECOMMENDATION Staff recommends approval of the Landscape Maintenance Agreement between the owner and the City for landscape improvements approved as a part of the landscape plan
for the property addressed as 921 S. Ocean Boulevard
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 9, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 LICENSE
AGREEMENT/ZGS DELRAY, LLC ITEM BEFORE COMMISSION Approval of a License Agreement for use of public parking spaces adjacent to N.E. 3rd Avenue for a limited period of time. BACKGROUND
The Kanner & Pintaluga (K&P) law firm is relocating to the Astor Development (NE corner of Pineapple Grove Way and NE 1st Street). When the Astor was constructed there were extra spaces
constructed for public parking (25) along the west side of N.E. 3rd Avenue adjacent to the Astor building. K&P has requested the exclusive use of the 25 parking spaces between the hours
of 8 a.m. and 5 p.m. Monday through Friday. K&P has indicated the need for these spaces due to the large number of employees (minimum of 70) located at this office. K&P has agreed that
if it does not maintain a certain number of employees at this office then the City may reduce the number of parking spaces provided for in this Agreement. The Agreement provides that
K&P may transfer this Agreement to other entities, who would also be bound by the terms of this Agreement. These parking spaces are currently hardly used at all during the working day.
Making them available to K&P will facilitate bringing 70 higher paying office jobs to Pineapple Grove. RECOMMENDATION Commission discretion
MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation Alberta Gaum-Rickard, Recreation Superintendent THROUGH: David T. Harden, City Manager
DATE: November 9, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 REQUEST TO INSTALL BUS SHELTER ART/PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION
This item before Commission is a request for approval to install art work created by middle school students in three bus shelters. The three locations include: 1) Carver Middle School,
at the intersection of Barwick and West Atlantic; 2) NE 1st Street, in the 200 Block; and 3) Linton Boulevard, east of Military Trail on the south side. BACKGROUND As part of the Carver
City Government Water Conservation Poster Contest, students submitted art depicting ways to save water to the Public Art Advisory Board (PAAB). The posters created for this contest will
be displayed as transparent art on the glass panels of three bus shelters. The PAAB chose six art pieces to be installed in the bus shelters listed above. The Art Board recommended installing
2 posters per shelter, as depicted in the attachment. The posters would not be a full glass panel as previously done but reduced in size maximizing the visual impact. Also, the PAAB
feels two posters per shelter will not only beautify the shelters, it will also reinforce the important message. The cost to reproduce each art piece is estimated to be $800.00 for a
total of $4,800.00. FUNDING SOURCE Funding is available from the Public Art Fund Account # 115-1702-579-31.90. RECOMMENDATION Staff recommends approval.
Carver Middle School Bus Shelter Art two artworks per shelter Layout Options 1.Two on back panels OR, One on back panel and one on side panel
MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: November 9, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION
MEETING OF NOVEMBER 15, 2011 VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT ITEM BEFORE COMMISSION The item before the Commission is consideration and approval of a Vote
Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor of Elections. BACKGROUND The attached agreement details and allocates the duties, responsibilities
and fees associated with conducting municipal elections. Exhibits A and B, respectively, outline examples of municipal election costs, some to be allocated on a pro-rated basis with
other municipalities holding elections on the same date, and examples of total costs for small, medium and large municipalities. The City of Delray Beach’s Municipal Election is scheduled
for Tuesday March 13, 2012. The agreement provides for an effective date of January 1, 2012 with a one-year term which would cover the municipal election and runoff election, if necessary,
and any special elections. The agreement has been reviewed by the City Attorney for legal sufficiency. RECOMMENDATION Staff recommends approval.
1 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE “INSERT MUNICIPALITY NAME” THIS AGREEMENT, is
made and entered into this day of _________, 201__, effective January 1, 2012, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant to Article
VIII, Sec.1(d) of the Florida Constitution, hereinafter referred to as the “SOE”, and the _ _[insert name of municipality]___________ , a municipal corporation, chartered and organized
in accordance with the laws of the State of Florida, hereinafter referred to as the “Municipality”. WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida
Election Code (the “Code”) which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that “[T]he Florida Election Code, chapters
97-106 shall govern the conduct of a municipality’s election in the absence of an applicable special act, charter, or ordinance provision”; and WHEREAS, the Municipality and the SOE
desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are
followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in
consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents
and the SOE, it is agreed as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to
the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties.
Such rights and responsibilities shall apply to the General, Run-Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated hereinbelow.
2. DATE OF GENERAL MUNICIPAL ELECTION: The date of [ Name of Municipality’s ] General Municipal election is _____________________. It is hereby acknowledged and agreed that if the date
listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on
a pro-rata share basis; otherwise,
2 it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. 3. FEES AND CHARGES TO BE PAID
BY THE MUNICIPALITY: The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance
and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places within its dominion and control. Examples of municipal
elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general
election day (i.e. 2nd Tuesday in March or November) are attached hereto as Exhibit A; Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit
B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according
to statutes and charter at its own expense. (b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality’s election and act as
a name the member(s) of the Municipality’s Canvassing Board, which may or may not include the SOE. (c) Certify that the registered voter information provided by the SOE to the municipality
reflects the proper boundaries of the city and notify the SOE of any changes. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit
and news releases on book closing. B. Qualifying Candidates (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect
Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries
and questions. (e) Respond to all media inquiries. (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates and notify the Municipality of such results upon
the close of the candidate qualifying deadline.
3 C. Ballots (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable.
(c) Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cost of said ballots. (e) Reimburse the SOE for costs incurred for translation and audio
recording of ballot. (f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, proof and delivery ballot layout to the printer.
(b) Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted
ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by
SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting – Optional
(1) Municipality (a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. (b) Pay SOE for Early Voting supplies. (c) Contract with, schedule
and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites thirty (30) days prior to each Election and notify
SOE in writing of locations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide the Municipality with a list of poll workers. (c) Train poll
workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE.
4 F. Absentee Voting (1) Municipality (a) Reimburse SOE for all postage costs incurred at the current postal rate. (b) Pay SOE for materials and handling of each absentee ballot. (c)
Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility
and compile Absentee Ballot file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to
the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account
for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. (j) Record Absentee Ballot returns to
voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (l) Provide qualified staff to operate tabulation equipment to count Absentee
Ballots. G. Polling Places (1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE
in writing thirty (30) days prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used. (e) Notify the SOE not less than 30 days
prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. (2) SOE
(a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling
place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s).
5 H. Precinct Supplies (1) Municipality (a) Pay SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night.
(c) Pay SOE for the production of Precinct Registers. (d) Pay directly to the SOE’s contracted moving company to have voting equipment delivered and picked up from polling place no later
than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers for each polling place location. (b) Provide Master CD compilation of registered
voters for precinct advisors. (c) Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e) Provide
laptop computer at each polling place. (f) Provide CD of voter file database for each polling place. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes
and affidavit forms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (1) Municipality (a) Contact, contract
with and pay poll workers directly (using only poll workers who are current and on the SOE list, or individuals who have successfully completed required training). (b) Schedule and notify
poll workers of training classes. (c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. (d) Reimburse SOE for expenses incurred in printing
training material. (e) Reimburse SOE for expenses incurred for trainers to train poll workers. (f) Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a)
Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and
pay trainers to train poll workers. (e) Provide printed training materials for poll workers. J. Election Day Support (1) Municipality
6 (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election Day. (b) Ensure that all polling places
remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting. (c) Reimburse SOE for all phone bank costs. (2) SOE (a) Assist in finding
poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot
Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places
have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. (c) Reimburse the SOE for
any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. (d) Act as member of Canvassing Board. (2) SOE (a) Provide technical staff
and required equipment to administer tabulation and election results. (b) Assist and act, or appoint a designee to assist and act on the SOE’s behalf, as a member of the Municipality’s
Canvassing Board if desired by the municipality or act as a member of the County Canvassing Board if it canvasses the municipality’s election if allowed by law. (c) Post election results
on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election
Day. L. Post Election Day (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results. (b) Store all necessary election records and ballots
until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. (d) Sort, inventory, pack and store all election materials for retention
and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board, as required by law. (f) Respond to public
records requests regarding records kept on behalf of the Municipality.
7 (g) Record voting history for each voter who voted on Election Day. M. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the
audit. (b) Reimburse SOE for any staff overtime or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal
Clerk to randomly select the race and precinct(s) that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain
and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with
support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount
with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams
the statutes and rules of the Division of Elections, specifically Rule 1S-2.031. Recount Procedures; and Rule 1S-2.027. Standards for Determining Voter’s Choice on a Ballot. (g) Reimburse
the SOE for all staff salaries/overtime, facility and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s) of the Recount with the tine and location. (b)
Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing.
(e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. 5. INDEMNITY: Each party to this
agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims
or damages arising out of the Municipality’s negligence in connection with
8 performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of SOE
in connection with this Agreement its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth
at Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $100,000 for any one person or beyond $200,000 for any judgment which, when totaled
with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such
other’s negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between the Municipality and the SOE relating to a municipal election governed
by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees
and costs from the non-prevailing party. Notwithstanding the above, the municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for
all legal costs for such defense of the Municipality and the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits
provided for hereinabove without recourse to the SOE. 6. TERM: This Agreement shall begin on the effective date January 1, 2012 and continue for a term of one year in order to cover
Special Elections, if any, and may be modified by mutual agreement of the parties. Any proposed changes to this Agreement shall be provided to the municipalities no later than August
1 of the applicable year, or as soon as practicable.. It shall be automatically renewed in accordance with the same terms and conditions as set forth herein upon the adoption of a Resolution
by the Municipality requesting the SOE to conduct the municipality’s election for the applicable year or may be modified by mutual agreement of the parties. 7. CHANGE IN LAW: In the
event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts
to reach a mutually acceptable modification of this Agreement.. 8. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimilie,
registered mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions
to contact another individual. For the SOE: For the Municipality: Supervisor of Elections Name 240 S. Military Trail Street Address West Palm Beach, Florida 33415 Municipality, FL Attention:
Susan Bucher Attention: Manager 9. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause
or reason, or is abrogated or negated by a change in law,
9 the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in hill force and effect and be valid as if such invalid portions thereof had
not been incorporated herein. 10. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein
shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 20102. As to the SOE: WITNESSES: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY _______________________
_______________________ ______________________________ Susan Bucher Date: __________________________ As to the MUNCIPALITY: ATTEST: INSERT NAME OF MUNICIPALITY __________________________
_________________________________ __________, Municipal Clerk _____________________, Mayor (Affix Municipal Seal) Date: ____________________________
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 7, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 RESOLUTION
NO. 52-11 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 12 properties throughout the City. BACKGROUND The resolution
sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution
No. 52-11.
RESOLUTION NO. 52-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE 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 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. WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 100 of the Code of Ordinances, 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 100.21 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 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) 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 five
(5) days from the date of delivery 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,
2 Res. No. 52-11 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), 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 at the November 15, 2011 meeting
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
3 Res. No. 52-11 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. PASSED AND ADOPTED in regular session on this 15th day of November, 2011. ________________________________________ M A Y O R ATTEST: ____________________________________
City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER 413 SW 15TH AVENUE CARVER PARK, LOT 10 BLOCK 3 PCN 12 43 46 17 41 003 0100 CASE NO. NA11-17808
Lizzie McDowell 413 SW 15th Avenue Delray Beach, FL 33444 $ 125.15 Inv. No. 37235 $ 55.00 Admin Fee $ 180.15 935 EVE STREET TROPIC ISLE LOT 21 PCN 12 43 46 20 01 000 0210 CASE NO. NA11-17445
Andy P. Barros 935 Eve Street Delray Beach, FL 33483 $ 79.85 Inv. No. 37251 $ 55.00 Admin Fee $ 134.85 1ST VAC LOT WEST OF 4928 JEFFERSON COUNTRY CLUB ACRES 2ND ADD LOT 68 & 69 PCN 12
42 46 13 03 000 0680 CASE NO. NA11-18599 Arturo & Marta I. Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 $ 97.10 Inv. No. 37238 $ 55.00 Admin Fee $ 152.10 307 NW 12TH AVENUE
POINCIANA HGTS OF DELRAY BEACH LOT 31 PCN 12 43 46 17 40 000 0310 CASE NO. NA11-18807 Jerome Jackson 307 NW 12th Avenue Delray Beach, FL 33444 $ 57.80 Inv. No. 37242 $ 55.00 Admin Fee
$ 112.80 238 SW 6TH AVENUE TOWN OF DELRAY LOT 32 & 33 BLOCK 15 PCN 12 43 46 16 01 015 0320 CASE NO. NA11-17123 Advantage Plus Mortgage, Inc. % Willier Garcon 10204 Breeze Way Place Boca
Raton, FL 33428 $ 122.80 Inv. No. 37241 $ 55.00 Admin Fee $ 177.80 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE RES NO. 52-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 41 SW 7TH AVENUE TOWN OF DELRAY S 55 FT OF N 540 FT OF W 135 FT OF BLOCK 13 PCN 12 43
46 16 01 013 0070 CASE NO. NA11-15611 James Gross 3646 Blue Dawn Drive North Las Vegas, NV 89032 $ 127.50 Inv. No. 37240 $ 55.00 Admin Fee $ 182.50 582 NW 51ST AVENUE PINE TRAIL SEC
4 LOT 10 (LESS NLY 41.28 FT) BLOCK 10 PCN 12 42 46 12 12 010 0102 CASE NO. NA11-17937 Marie E. Mondesir & Camy Cean 582 NW 51st Avenue Delray Beach, FL 33445 $ 190.85 Inv. No. 37250
$ 55.00 Admin Fee $ 245.85 525 NW 46TH AVENUE PINE TRAIL SECT 1 N 1/2 OF LOT 3 BLOCK 3 PCN 12 42 46 12 07 003 0031 CASE NO. NA11-18220 Eldert Boerckel Est. 525 NW 46th Avenue Delray
Beach, FL 33445 $ 155.45 Inv. No. 37249 $ 55.00 Admin Fee $ 210.45 712 AVENUE CHAUMONT CHATELAINE NO. 1 LOT 10 BLOCK 5 PCN 12 42 46 12 03 005 0100 CASE NO. NA11-17590 US Bank National
Assocation % America's Servicing Co 3476 Stateview Blvd. Fort Mill, SC 29715 $ 97.80 Inv. No. 37248 $ 55.00 Admin Fee $ 152.80 14591 BARWICK ROAD HIGHLAND TRAILER PARK LOT 19 PCN 12
42 46 13 04 000 0190 CASE NO. NA11-17682 Clarence & Hayley Silverman 7840 Oakmont Drive Lake Worth, FL 33467 $ 145.25 Inv. No. 37247 $ 55.00 Admin Fee $ 200.25 ASSESSMENT VIOLATION IS:
SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 2 RES NO. 52-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 107 NW 10TH AVENUE WEST SIDE HEIGHTS DELRAY LOT 11 BLOCK A PCN 12 43 46 17 26 001 0110
CASE NO. NA11-17897 Jani E. Wagner 107 NW 10th Avenue Delray Beach, FL 33444 $ 165.80 Inv. No. 37246 $ 55.00 Admin Fee $ 220.80 1316 LEE STREET JEFFERSON MANOR LOT 22 PCN 12 43 46 17
24 000 0220 James J. & Chondra Washington 14913 104th Street Live Oak, FL 32060 $ 91.75 Inv. No. 37245 $ 55.00 Admin Fee $ 146.75 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE
KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 3 RES NO. 52-11.xls
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 8, 2011 SUBJECT: AGENDA ITEM 8.L.
-REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 SPECIAL EVENT REQUEST/14TH ANNUAL FIRST NIGHT 2012 ITEM BEFORE COMMISSION City Commission is requested to endorse the 14th Annual First
Night event to be held on December 31, 2011 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR’s Section 2.4.6(F) for the use of City rights-of-way and facilities as
requested and to authorize staff support as requested. BACKGROUND First Night is a City sponsored non-alcoholic event featuring local artists and entertainers. The event procession will
begin this year in the 600 block of Atlantic Avenue and proceed to the Tennis Center. Children's activities again will be focused in and around the Tennis Facilities with the children’s
finale being held in the stadium. Button prices for this year’s event again will be $10, or $15 on the day of the event 12/31/11. I have attached a copy of the event permit, site plan,
budget, economic calculator and other required information. Certificates of Insurance have been obtained through Risk Management for the use of Old School Square and the Court House
Parking Garage. The estimated overtime costs for this event are $40,000 and barricade rental costs are $2,000. This is a City sponsored event. Per our event policies and procedures,
there are no charges for City services; however, per the budget, First Night will pay the General Fund $12,000 for City overtime. Barricade rental will be paid from the First Night budget,
as well as portable lighting $3,000 and portalets $1,400. Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set up and removal, banner
hanging, signage construction and installation and EMS services. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit per LDR’s Section 2.4.6(F)
for use of City rights-of-way and facilities as per the site plan and approval of staff support as requested.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 4, 2011 SUBJECT: AGENDA ITEM 8.M.
-REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 SPECIAL EVENT REQUEST/SAVOR THE AVENUE ITEM BEFORE COMMISSION Commission is requested to consider approval of a special event permit
for Savor the Avenue, proposed to be held on March 29, 2012 from 5:30 p.m. to 8:30 p.m., sponsored by Boca Raton and Delray Beach Magazine and supported by the Downtown Development Authority.
Commission is also requested to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Swinton to the west side of NE/SE 5th Avenue from
2:00 p.m. until 10:00 p.m., and to provide staff assistance for traffic control and security, EMS assistance and Fire inspection, barricading, banner hanging, trash boxes and use of
a City-owned portable generator. BACKGROUND Attached are a special event permit, site plan, budget and economic calculator for this event received from Marjorie Ferrer on behalf of the
event producer. This will be a wine and food event to promote economic development for downtown restaurants. The event sponsor will be responsible for event management and coordination
with restaurants, rental and set up of tables and chairs on Atlantic Avenue and cleanup. The individual restaurants will be responsible for table cloths, table settings and selling tickets.
Banner hanging was requested for March 12, 2012. Per LDR’s, banners cannot be hung until March 15, 2012. The estimated overtime cost for this event is $3,000, trash boxes $40 and barricade
rental is $150 for a total cost of $3,190. The event producer is responsible for paying 100% of all City costs per Special Event Policies and Procedures. RECOMMENDATION Staff recommends
approval of the event, temporary use permit, and staff support as requested with the following conditions: 1. Receipt of a Certificate of Event and Alcohol Liability Insurance by 3/15/12.
2. Receipt of a Hold Harmless Agreement by 3/15/12. 3. Banner hanging approval to begin no sooner than 14 days prior to the event.
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 10, 2011 SUBJECT: AGENDA
ITEM 8.N. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review
of appealable actions which were taken by various Boards during the period of October 31, 2011 through November 11, 2011. BACKGROUND This is the method of informing the City Commission
of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period
has not occurred). Section 2.4.7(E), Appeals, 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: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of November 9, 2011 A. Approved with conditions (5 to 0, Sig Hardester and Nick Sadowsky
absent), a twenty-four month extension (expiring December 14, 2013) of the Class V site plan, landscape plan and architectural elevation plan for the House of Floors, located at the
southeast corner of SW 10th Street and SW 10th Avenue. B. Approved with conditions (4 to 0, Rustem Kupi stepped down), a Class V site plan, landscape plan and architectural elevations
associated with the demolition and acquisition of the adjacent hotel properties to provide additional on-site parking and new outdoor seating and dining areas for Boston’s Restaurant,
located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (40 South Ocean Boulevard). Concurrently, the Board approved the following waivers:
i. Approved a waiver to LDR Section 4.4.13(F)(1)(a), requiring the minimum building height to be twenty-five feet (25’) to allow a height of fourteen feet (14’). ii. Approved a waiver
to LDR Section 4.6.9(D)(3)(b)(1), requiring the minimum drive aisle width to be twenty-four feet (24’) to allow the southernmost drive aisle to be twenty-two feet (22’). iii. Approved
a waiver to LDR Section 4.6.9(D)(3)(c)(1), requiring the minimum stacking distance to be fifty feet (50’) for fifty-one (51) or more parking spaces to allow a stacking distance of twentyseven
feet (27’). C. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural plans associated with the demolition of the Goodman Automotive Care facility and
construction of a 5,996 sq. ft. multiple tenant retail building that includes a 3,599 sq. ft. pharmacy with a drive-thru lane, and two retail bays consisting of 1,253 sq. ft. and 1,144
sq. ft. for Delray Community Pharmacy, located at the southeast corner of Linton Boulevard and Congress Avenue (1601 South Congress Avenue). Historic Preservation Board Meeting of November
2, 2011 1. Approved (6 to 0, Annette Smith absent), a request for a Certificate of Appropriateness for the installation of a new free standing sign for 138 North Swinton Avenue, within
the Old School Square Historic District No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded
to the City Commission for action: 2. Recommended approval (6 to 0), of Ordinance 43-11 to amend Ordinance 70-89 which revises “Section 1, Designation”, and “Section 2, Requirements
of Designation” of Ordinance 70-89 to amend the legal description and development restrictions of the historically designated Fontaine Fox House, and an Amendment to LDR Section 4.5.1(K)(2),
Designation of Historic Sites, to provide for the revised legal description of the Fontaine Fox Designation. RECOMMENDATION By motion, receive and file this report. Attachment: Location
Map
MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: November 9, 2011 SUBJECT: AGENDA ITEM 8.O.1 -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 BID AWARD/MURRAY LOGAN CONSTRUCTION, INC. ITEM BEFORE COMMISSION This
item is before the Commission for approval/authorization for the Mayor to sign an agreement with Murray Logan Construction, Inc., in the amount of $16,992.00, for proposed drainage work
on Lewis Cove; Project #12-061. BACKGROUND The owner of 1001 Lewis Cove is in the process of building a new house. The plans for this house calls for a wall to be constructed along the
south property line. In 1993, the city obtained a six foot storm drainage easement from 1002 Lewis Cove. There is an exisitng 15” drainage pipe in this easement.While the owner of 1001
Lewis Cove was preparing to construct the wall along the south property line, it was discovered that the 15” drainage pipe actually crossed over the property line and onto the property
of 1001 Lewis Cove where there is no drainage easement. After some investigative work was completed, it was discovered that approximately 30’ of the drainage pipe will have to be relocated
in order for the pipe to be within the drainage easement. Due to the urgency of this issue, staff obtained three quotes to complete the pipe relocation work. Attached is a copy of the
location map, drainage easement and quotes received. FUNDING SOURCE 448-5461-538.46-90 (after transfer) RECOMMENDATION Staff recommends awarding this contract to Murray Logan Construction.
FORGOT FOOTAGE OF PIPE Good morning Rafael, Our lump sum number for this project is $ 17,500.00. Includes removal of +/30LF existing piping ( 15” or 18” )and tide flex & install +/-30LF
of new piping in new location and install existing tide flex on new pipe. Removal and if necessary replace of existing fencing. Coring new hole in seawall and patch old hole. Restore
landscaping and paver bricks. Work to be done during low tide. Cleaning of existing remainder of pipe and structure in not included in the above price. Any lay-out & as-builts are by
others. Bond, if required, is not included. Thanks you, THOM LARDIERE ESTIMATOR JOHNSON-DAVIS, INC. 604 HILLBRATH DRIVE LANTANA, FL. 33462 DIRECT: 561-275-7950 PHONE : 561-588-1170 Ext.
311 FAX : 561-585-5252 E-mail: thom@johnsondavis.com
Rafael: We are submitting a price of 18,815$ to realign the existing pipe in conflict. We have allowed for 30’ of new pipe. New chain link fence. Dewatering of the pipe trench. An allowance
of 1,500$ for landscape and irrigation issues that may arise. Coring of the new penetration, grouting of the annular space. Pipe disposal of the removed sections. We had to include new
pipe but reuse of the pipes may be an option. We have also included restoration, silt fence and turbidity barrier for the core drill activity. Lot’s of unknowns…….Thanks for the opportunity.
Chris Rossi Close Construction, LLC 301 NW 4th Avenue Okeechobee, FL 34972 Office: 863.467.0831 Fax: 863.763.6337 From: Ballestero, Rafael [mailto:Ballestero@mydelraybeach.com] Sent:
Friday, November 04, 2011 8:27 AM To: David Logan (davidl@murraylogan.com); thom@johnsondavis.com; danny@closeconstruction.us; 'Chris Rossi' (chrisrossi@closeconstructioninc.com) Subject:
FW: Lewis Cove Storm Drain Pipe Realignment Gentlemen: We were contacted by the property owner’s representative, to realign the entire 30’ of apparent pipe encroachment. Please offer
two prices; one as originally requested to realign the 10’-15’ of skewed pipe, and one to realign the 30’ of pipe. Due to this additional request, please extend the date due for pricing
until Monday. Thanks, Rafael C. Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 ballestero@mydelraybeach.com
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: November 7, 2011 SUBJECT: AGENDA ITEM 8.O.2 -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 PURCHASE AWARD/INTERCOUNTY ENGINEERING, INC. ITEM BEFORE
COMMISSION Request to approve a blanket purchase order to Intercounty Engineering, Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation utilizing contract pricing
under an active Broward County contract for “Lift Station Rehabilitation”, Contract #Y608187B1. BACKGROUND The Public Utilities Department requested funding for the annual sanitary sewer
manhole rehabilitation program. This award will allow continuation of the annual rehabilitation program, concentrating on structures showing the most deterioration. Staff has identified
manhole structures in the southwest and northwest areas for this year’s program. Intercounty Engineering, Inc. has an active contract with Broward County for “Lift Station Rehabilitation”
which includes line items for manhole rehabilitation; Bid Item No.’s 4.17 thru 4.20, page 31 of the contract. This contract is active through January 22, 2012. Intercounty Engineering,
Inc. has a good performance history on current and previously completed City projects. Upon City Commission approval, Intercounty Engineering, Inc. shall execute a “Standard Form of
Agreement between the City and Contractor”. FUNDING SOURCE Funding is available from account #442-5178-536-63.82, Water and Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation.
RECOMMENDATION Staff recommends award to Intercounty Engineering, Inc. in the amount of $50,000.00 for the Sanitary Sewer Manhole Rehabilitation program, FY 2011/2012.
MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 18, 2011 SUBJECT: AGENDA
ITEM 8.O.3 -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 PURCHASE AWARD/PVS TECHNOLOGIES, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase
order in the amount of $259,000.00 for purchase and delivery of liquid ferric chloride “as needed” from PVS Technologies, Inc. The blanket will cover the contract period of November,
2011 through September 30, 2012. BACKGROUND Ferric chloride is the coagulant of choice for sanitary water treatment applications, due to its high efficiency, effectiveness in clarification,
and utility as a sludge dewatering agent. Ferric chloride is needed to reduce organic properties in treated water. Treatment with the ferric chloride solution enhances the reduction
of resistant organism in water. Pricing Proposals: PVS Technologies, Inc. $ 1.148 per pound of iron Kemira Water Solutions $ 1.178 per pound of iron The US Ferric chloride industry has
consolidated some since the last time research for pricing was completed. A company named Water Elements built a plant in Baltimore MD and operated for a short time before being bought
out by Kemira Water Solutions. In the current market, Kemira and PVS are the only two actual manufacturers of ferric chloride. Kemira's closest production site to south Florida is the
Baltimore, MD a facility that was purchased from Water Elements. PVS plant location is in Augusta, GA, which continues to service delivers in the south Florida market, and they are actually
looking at expanding with the potential for a rail terminal in either Dade or Broward County. This would allow PVS to ship product down by rail, maintain an inventory in the area, and
then trans-load to trucks locally. The quality of the PVS product still continues to be above that of other competitors. In the certificate of
analysis that the City receives with each load, the insolubles specification is 80 ppm vs. the competitive products on the market that only meet the American Water Works Association(
AWWA ) spec of 0.2% or 2000 ppm. This means that each 45000 pound load of ferric chloride from PVS would contain a maximum of just over 2 pounds of solids. At the higher AWWA spec that
would be about 90 pounds of solids per load. These solids can accumulate in the storage tank over time causing increased maintenance and pumping problems. FUNDING SOURCE 441-5122-536-52.21
WATER AND SEWER SERVICES/CHEMICALS RECOMMENDATION The Water Treatment Plant recommends the purchase and delivery of Liquid Ferric Chloride from PVS Technologies, to be ordered “as needed”
at $1.148 per pound of iron as quoted October 18, 2011 for an estimated cost of $259,000.
Mr. Patsy Nadal City of Delray Beach Via Email 10/18/2011 Dear Patsy, I am pleased to offer the following pricing on PVS Technologies Liquid Ferric Chloride. PVS Technologies would like
to extend the current pricing to Delray Beach in the form of a renewed pricing agreement to replace the existing expired agreement. Please see the details below and sign and return the
document if you are in agreement. Product: Ferric Chloride 37% -42% Price: New agreement date through 9/30/2012 $1.148 per pound of Iron F.O.B: Delivered-City of Delray Beach Water Treatment
Plant Package: Bulk Tank Truck-45,000 pound minimum Terms: Net 30 Days Conditions: Demurrage-2 hrs. Free, $50.00/hr. thereafter Weekend/Holiday delivery $100/$150 Contract Period: 10/1/2011
through 9/30/2012 PVS Signature: Jose M. Gonzalez Delray Beach Signature: ________________________ Jose M. Gonzalez Director of Technical Service PVS Technologies Office and Fax-607-859-2543
Mobile-313-510-6238
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 9, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 DELRAY
BEACH PRESERVATION TRUST PROPOSAL/100 YEAR TIME CAPSULE ITEM BEFORE COMMISSION The item before the Commission is consideration of a proposal from the Delray Beach Preservation Trust
to install a 100-Year Time Capsule in the City Hall lobby. BACKGROUND The City received a proposal from Donna Sloan, on behalf of the Delray Beach Preservation Trust, for the installation
of 100-Year Time Capsule in the City Hall lobby in recognition of the Delray Beach Centennial. The Preservation Trust is proposing a 2011 -2111 Time Capsule that would include photographs,
information, documents, and artifacts pertaining to the the built environment (architecture and planning) of past and present Delray Beach. The time capsule is proposed to be installed
beneath the Commission's pictures outside the Commission Chambers. The Preservation Trust has a donor interested in underwriting the cost of the project. Additional information about
the proposal is attached for your review. It may be possible to have the enclosure project from the wall less by setting the enclosure into the wall between studs, depending on how this
portion of the wall is constructed. RECOMMENDATION Staff recommends Commission discretion.
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November
3, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 CONSIDERATION OF AN APPEAL OF THE HPB'S DECISION/85 S.E. 6TH AVENUE/CLASS III SITE PLAN MODIFICATION
ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board’s (HPB) decision made on August 21, 2011. The HPB’s
motion to approve the Class III Site Plan Modification at 85 SE 6th Avenue failed on a 0-5 vote, based upon findings that the request was inconsistent with the Comprehensive Plan and
did not meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation.
BACKGROUND At its meeting of October 4, 2011, the City Commission considered the subject appeal and tabled the item so that additional background information and clarification could
be provided by Staff regarding Code violations and the illegal conversion of the garage to office use, and the Code Enforcement Board case which was resolved in 2003. A summary of the
longstanding history of outstanding permits, the code case, and multiple site plan applications submitted for HPB review is below. In researching our files, a Class V site plan was submitted
in 1995 for conversion of the principal structure (Blank House) to retail use; conversion of the garage to office use, construction of a 9 space pea rock parking area at the SW corner
of the site; and additional site improvements. The request was approved by the Historic Preservation Board (HPB) on August 16, 1995 (valid through February 1997), and it was noted that
this approval was for a conversion that had already occurred without permits, and without the provision of required parking. No site improvements were installed and the site plan approval
expired in February 1997. On March 17, 2000, a building permit application was submitted to convert the garage space to office and to construct associated site improvements (parking
lot, etc.). As the original site plan approval had expired in February, 1997, a new site plan approval was required. On December 12, 2000 a Class III site plan modification was submitted
for conversion of the garage into two offices (already established), installation of outdoor dining and an exterior staircase for the Blank House, and construction of 8 asphalt parking
spaces at the SW corner of the lot, and one handicap space
at the North side of the lot. A building permit was submitted on December 19, 2001 (01-77442) for the conversion from garage to office and related site improvements. This permit request
did not include the garage door replacement with French doors done in 1995. On January 18, 2001, a code violation was issued (CEB-01-77906) for conducting work without a permit (changing
the garage doors to French doors). As the applicant was seeking site plan approval (per the December 12, 2000 submittal noted above) for the use conversion, it appears that the citation
was limited to the physical work which had been done without a permit. The Class III site plan modification request submitted on December 12, 2000 was approved at the HPB meeting of
May 2, 2001. This site plan was not certified (conditions of approval had not been addressed) and the permit was not issued. The improvements were not constructed and the Class III site
plan approval of May, 2001 expired on November 2, 2002. As no action was taken by the applicant to get a permit for the conversion of the doors, a code enforcement lien was recorded
on April 18, 2002. A new Class III site plan modification and COA application (2003-052 SPM) were submitted on November 22, 2002, which included the conversion of the garage into offices
and associated site improvements (including parking). This was approved subject to conditions on March 19, 2003. The Class III site plan modification was certified on June 3, 2003, and
building permits were issued on August 6, 2003 (01-77442). As the French doors were now included in the improvements on the permit, the citation issued by the Code Enforcement Division
(work constructed without a permit) was satisfied and a letter was sent to the applicant on August 15, 2003. The lien amount was considered by Code Enforcement on October 14, 2003 and
reduced. This reduced lien was paid on November 13, 2003 and the code enforcement lien against the property was removed. On December 5, 2003, a COA and Class II Site Plan Modification
(COA 2004-076-SPI-CL2) was submitted. This request included an English Rose Garden and fountain in place of the parking lot and a request to replace the 9 spaces with 6 in-lieu parking
spaces. A reduction to 6 spaces from 9 was requested as the apartment conversion, originally part of the 1995 approval, was never implemented. A revision to building permit number 01-77442
was filed on December 29, 2003 to “change parking lot to English Rose Garden and walk path”. The permit was put on hold pending Class II site plan approval (submitted on December 5,
2003) which was scheduled for HPB consideration on January 7, 2004. The item was tabled by HPB at this meeting due to concerns over the elimination of the parking spaces. The HPB approved
the Class II modification at its meeting of March 4, 2004 and recommended approval of the purchase of 6 in-lieu of parking spaces. The request for 6 in-lieu of parking spaces was reviewed
by the City Commission at 4 separate meetings with a final approval granted for the purchase of 2 in-lieu parking with 4 additional new spaces for a total of 7 spaces to be provided
on site. The Class II site plan modification expired in August of 2005, as revised plans were never submitted for certification, and the in-lieu fees were never paid. As a result, the
revision to permit 01-77442, submitted on December 29, 2003, was never issued, and the permit file was closed out on July 24, 2008 due to no activity. At its August 21, 2011 meeting,
the HPB reviewed yet another attempt after 16 years to address the office conversion. This request was to waive all required parking (6 spaces) for the office space conversion. This
request was not supported and the appeal of that denial is now before the City Commission. WAIVER: Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers may be granted by the Historic Preservation
Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation
Design Guidelines. As required above, confirmation that adequate parking can be achieved by alternate means has not been presented. Past site plan submittals have been approved which
adequately provided the required amount of parking and were found to be appropriate and compatible to the historic property. Further, in 2004, additional options were approved to provide
for a portion of the parking on-site and a portion via inlieu. None of these options were followed up on or completed. Waiving the required parking spaces altogether will have the potential
to adversely affect the neighboring area in that the required parking for this private project will utilize public parking spaces, thereby reducing the number of public spaces available
for other users. In addition to the above, it should be considered that while relief may be granted to the amount of required parking spaces, the intent of this “benefit” afforded to
historic properties is not to excuse the provision of all parking but to provide alternatives. Otherwise, one could conclude that all parking on historic properties converted to office
use is not necessary. It is noted that the parking requirement currently being applied is significantly less than the current code requirement. To understand the intensity of the uses
on the site, and what their parking requirement would be if the site had to comply with today’s parking requirement, the following is noted. The required parking for each individual
use would be: office-4, restaurant-13, multi-family residence-7, for a total of 24 spaces. The mixed-use parking calculation would require that twenty (20) spaces be provided, plus the
two (2) spaces eliminated from the garage conversion to office. Utilizing the old code requirements requires that only nine (9) parking spaces be provided (3 existing and 6 for the garage
conversion). The current request is to legally establish the conversion of the garage to office use, and to completely waive the required six (6) parking spaces. The subject request
is not supported by Staff nor has it received support from any of the other reviewing Boards. If Commission finds that the most appropriate manner in which to maintain the historic integrity
of the site is to not physically provide any parking spaces, then Staff recommends that the property owner be required to make payment of all required spaces (6) via the in-lieu of parking
process. This alternative would be the fair approach given that other historic properties converted to commercial use have been obligated to account for their required parking through
the available and appropriate options, including the in-lieu program. If the Class III Site Plan Modification is approved by City Commission, the approval should include the following
conditions: 1. That a traffic statement be provided; 2. That a current floor plan be submitted; 3. That compliance with handicap accessibility within the office space be indicated; and,
4. That a decorative bicycle rack be provided on-site. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011 meeting, where they
recommended denial of the waiver to the required parking. The Board also requested that the item return for further review when “a solution is worked out.” The Downtown Development Authority
(DDA) considered the subject request at its March 14, 2011 meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the required spaces. Direction
was given to the applicant to work out an alternative approach with Staff, and return to the DDA for further review.
The Parking Management Advisory Board (PMAB) considered the subject request at its June 28, 2011 meeting, where a motion to recommend approval of the waiver to the required parking was
denied. The Board suggested that the applicant work with Staff and accommodate three (3) spaces on site and provide the balance either through an off-site parking agreement, or via the
in-lieu of parking fee. RECOMMENDATION Deny the appeal, thereby upholding the Historic Preservation Board’s action of denial.
IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of the Historic Preservation
Board’s August 21, 2011 decision denying the Certificate of Appropriateness, Class III Site Plan Modification, and wavier of required parking spaces at 85 SE 6th Avenue has come before
the City Commission on November 15, 2011. 2. The Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the Historic Preservation Board’s
August 21, 2011 decision denying the Certificate of Appropriateness, Class III Site Plan Modification, and wavier of required parking spaces at 85 SE 6th Avenue. All of the evidence
is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Certificate of Appropriateness 1. Findings: Pursuant to Section
2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective
A-4 of the Land Use Element of the Comprehensive Plan (attached as Exhibit “A”) and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines
(attached as Exhibit “B”) and the Secretary of the Interior’s Standards for Rehabilitation (attached as Exhibit “C”). Is the Certificate of Appropriateness consistent with Historic Preservation
as detailed in the Comprehensive Plan, the Land Development Regulations, and the Secretary of the Interior’s Standards for rehabilitation? Yes ______ No ______ B. Class III Site Plan
Modification 1. Pursuant to LDR Section 2.4.5(G)(1)(c), a Class III site plan modification is a modification to a site plan which represents either a change in intensity of use, or which
affects the spatial relationship among improvements on the land,
2 requires partial review of Performance Standards found in Sections 3.1.1 and 3.2.3, and the required findings of Section 2.4.5(G)(5). 2. Pursuant to LDR Section 2.4.5(G)(5), modifications
to Site Plans and Development Plans, the approving body must make a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent
with approval of a class III modification. Pursuant to LDR Section 4.4.13, CBD Zoning Regulations (B)(2), Principal Uses and Structures Permitted, Business, Professional and Medical
Uses including but not limited to interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and
professional offices. Are these requirements met by the conversion of a garage to office use? Yes _______ No _______ 3. The City Commission has applied the LDR requirements in existence
at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts
the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire
record before it, the City Commission approves ___ denies ____ the appeal and hereby adopts this Order this 15th day of November, 2011, by a vote of _____ in favor and ____ opposed.
ATTEST: ________________________________ Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin City Clerk
EXHIBIT “A” Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to
the City’s Historic Preservation Ordinance and the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property
located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of
Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the “Delray Beach Design Guidelines”. Policy A-4.2 In order to protect the City’s historic
resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall
conduct periodic neighborhood surveys to identify and evaluate potential historic resources.
4.5 -4 "B" ARTICLE 4.5 ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS The Districts described in this Article do not establish uses or categorize uses. These Districts, however,
do regulate allowable uses in a manner to mitigate adverse impacts of such uses upon the natural or man-made environment; or regulate development so as to mitigate potential dangers
to the use of such developed land, or to otherwise implement policies and objectives of the Comprehensive Plan. Overlay and environmental management districts need not be shown on the
Official Zoning Map. Section 4.5.1 Historic Preservation Sites and Districts: (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed
March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites,
buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant
examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of
the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, historic
district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant
character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district,
or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must
fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). [Arnd• Ord. 38-07 215108] (2) A building, structure, site,
interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life
or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant
effect upon the city,
4.5 -5 state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political;
4.5 -6 SECTION 4.5.1 (B) (2) (d) (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) is associated in a significant way
with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic
significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b)
and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural
style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design,
detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building,
structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure,
site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United
States Department of the interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully
set forth herein. (C) Designation Procedures: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section
4.5.1(8) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall
be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) Nominations for historic site status may be initiated by: (1) The Historic
Preservation Board; (2) The City Commission; or
4.5 -7 SECTION 4.5.1 (C) (2) (a) (3) (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; or (2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information provided on each nomination application to determine if it generally conforms with historic status criteria. The
Board shall then prepare a designation report which shall contain the following: [Amd. Ord. 30-91 3/26/91] (a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district; [Amd. Ord. 30-91 3/26/91] (b) any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not
limited to use, floor area, density, height, setbacks, parking, and minimum lot size; [Mid. Ord. 30-91 3/26/91] (c) Analysis of the historic significance and character of the nominated
property; and [Amd. Ord. 30-91 3/26/91] (d) analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic,
artistic, or historic significance. [Amd. Ord. 30-91 3/26/91] (4) Upon completion and formal review of the report, the Board shall set a public hearing on each proposed designation.
Notice of said hearing shall be made to the owner of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as
provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b)
is not required. [Amd. Ord. 78-04 1118/05]; [Amd. Ord. 30-91 3/26/91] DELETED (5) AND RENUMBERED [Amd. Ord. 24-05 4/19/05] (5) After conducting the public hearing, if the Historic Preservation
Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the Board's findings to the City Commission. The City Commission shall consider the recommendation through
its standard ordinance adoption procedures, except that at least three affirmative votes of the City Commission is necessary to make a designation. In the event that a directly affected
property owner objects to the historic designation, the Commission approval shall require a super majority vote of four votes. [Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
SECTION 4.5.1 (C) (6) 4.5 -8 (6) After conducting the public hearing, if the Historic Preservation Board does not find that the request fills the criteria, no further action will be
required and the request will be deemed denied. However, an appeal may be filed and processed pursuant to Section 2.4.7(E). (Arad. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3126191] (7)
The Board will issue an official "certificate of historic significance" to the owner of properties listed individually on the local historic register or judged as contributing to the
character of a historic district listed on the local historic register. The Director acting as City Preservation Officer, or his appointee, is authorized to issue and place official
signs denoting the geographic boundaries of each historic district listed in the local historic register. [Amd. Ord. 24-05 4/19105]; [Amd. Ord. 30-91 3/26/91] (D) Review and Approval
Procedures: Once property is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness
(C.O.A.) pursuant to Section 2.4.6(J) from the Historic Preservation Board. Obtaining a C.O.A. is required in addition to any other process which is required for the development application.
(E) Development Standards: AU development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing
or noncontributing, residential or nonresidential, shall comply .with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation
Design Guidelines, and the. Secretary of the Interior's Standards for Rehabilitation. [Amd. Ord. 38-07 215/08] (1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features shall include, but not be limited to the following: [Amd. Ord. 38-07 2/5/08] (a) The architectural style, scale, general design, and general arrangement of the
structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Minor development: For purposes
of this section, major and minor development standards shall be applied as noted in the following table: [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (2) 4,9 -5 ci$ .,77."-t3:',43:1-.-,,, -.6:1, , Ps. _ tg tiNtiij§ . : -n Aaiun , .,? . •. 4..,. Mr7VrW r•.=:.7: raDig0i. ----• ,n-, ----•:a -,--., , ,,, • . 150119.,
1C9girtif OAVNY-• ' .N11.--.•`_•! ,..13:‘Ls rid64ifitai?) f: .;Gf.ziiirKrff ..,..... -.-t w .ti . . . . -,----.-,,I,;•,..s t,K.: . .11 -61345),47t. Aw err,. , *10: oft-04.-ver 2 CBD
& CF Multi-Famil Minor Minor Mi.-Jr.:7 Minor 11:715-,T Non-Residential M i n ( : -Minor i: Minor Minry R-I -A, R-I -AA, RD, OSSHAD, RL, & RM, Single Family/Duplex :t' a' Minor -1 7)
Minor --ti4 ----Multi-Family ',.,.. .f. '6. Minor 4:Jor Minor e.-iZ4iirr:fili:ribr-Non-Residentiat Minor i•tAi63101. Minor ,-,tkW'' -Notes: 1. All development on individually designated
properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor.
(a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential
Office (RO) zoning district. [Amd. Ord. 38-07 2/5108] (b) Major development shall be considered: [Amd. Ord. 38-07 2/5/08] 1. New construction in all historic districts except CBD and
CF zoned properties and properties zoned OSSHAD subject to CBD design guidelines; or , [Amd. Ord, 38-07 2/51081 2. The construction, reconstruction, or alteration of in excess of twenty-five
percent (25%) of the existing floor area of the building, and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For
purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, [Amd. Ord. 38-07 215/08] 3.
The construction, reconstruction, or alteration of any part of the front façade of an existing contributing residential or non-residential structure and all appurtenances, except for
properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative
manner from the date of passage of this ordinance in 2008. [Amd. Ord. 38-07 2/5/08] (c) Minor development shall be considered: [Amd, Ord. 38-07 2/5/08] 1. All new construction in all
historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoned district subject to the CBD design guidelines; or, [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (2) (c) 2. 4.5 -10 2. All modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD and CF as well as all
properties in the OSSHAD zoning district subject to the CBD Design Guidelines; or, [Amd. Ord. 38-07 215/08] 3. The construction, reconstruction, or alteration of any part of the front
façade of an existing noncontributing residential or nonresidential structures and all appurtenances; or, [Amd. Ord. 38-07 2/5/08] 4. The construction, reconstruction, or alteration
of less than twentyfive percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed
in a cumulative manner from the date of passage of this ordinance in 2008. [Amd. Ord. 38-07 2/5/08] 5. Any changes to Individually Historically Designated properties, whether already
on site or newly designated, to help facilitate the move of a historic structure into a historic district. [Amd. Ord. 38-07 215108] (3) Bui l d i ng s , St r uc t ur e s , Ap p u r t
e n an c e s and P a r k i ng . Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner
that will preserve the historical and architectural character of the building, structure, site, or district: [Amd. Ord. 38-07 215/08] DELETED (a) AND RELE7TERED [Amd. Ord. 38-07 2/5/08]
(a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. [Amd. Ord. 38-07 2/5/08]
1. Fences and Walls: [Amd. Ord. 38-07 2/5/08] a. Chain-link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visible from the
street. [Amd. Ord. 38-07 2/5/08] Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone
appearance. [Amd. Ord. 38-07 2/5/08] c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5. 1 (E) (3) (a) 1. d. 4.5 -11 d. All other provisions in Section 4.6.5 shall ap ply. [Amd. Ord. 38-07 2/5/08] 2. Garages and Carports: [Amd. Ord. 38-07 2/5108] a. The following
compatibility standards shall apply for major development, where applicable: [Amd. Ord. 38-07 2/5/08] i. Garages and carports are encouraged to be oriented and entered from the side
or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures
within the district. [Amd. Ord. 38-07 2/5/08] ii. Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings
for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. [Amd. Ord. 38-07 2/5/08] (b) Parking: [Amd. Ord. 38-07 2/5/08] 1. Where feasible, alternative
methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or
properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative
design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: [Amd. Ord. 38-07 2/5/08] a. Locate parking adjacent
to the building or in the rear. [Amd. Ord. 38-07. 2/5/08] b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant
to Section 4.6.5. [Amd. Ord. 38-07 2/5/08] c, Utilize existing alleys to provide vehicular access to sites. [Amd. Ord. 38-07 215/08] d. Construct new curb cuts and street side driveways
only in areas where they are appropriate or existed historically. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (3) (b) 1. 4.5 -12 e. Use appropriate materials for driveways, such as concrete poured in ribbons. [Amd. Ord, 38-07 2/5/08] f. Avoid wide driveways and circular drives.
[Amd. Ord. 38-07 2/5/08] 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation
Design Guidelines. [Amd. Ord. 38-07 2/5/08] (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development
and preservation standards, the documented, original design of the building may be considered, among other factors. [Amd. Ord. 38-07 215/08] (5) Standards and Guidel ines . A historic
site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in
accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. [Amd. Ord. 3807
2/5108] (6) Relocation. Relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites
is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. [Amd. Ord. 38-07 2/5/08] (7) Demolition. Demolition of historic or archaeological
sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F).
Demolition of any structure, whether contributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved
for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the
Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(n). [As d. Ord, 38-07 2/5/08]; [Amd. Ord. 55-07 1/15/08] DELETED (7) AND
RENUMBERED [Amd. Ord. 3B-07 2/5/08]
4.5 -9 SECTION 4.5.1 (E) (8) (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances
thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation
Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof
shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section
4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district
shall be determined by comparison to other structures within the site. [Amd. Ord. 38-07 2/5/081 (a) Height: The height of proposed buildings or modifications shall be visually compatible
in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with
respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: [Amd. Ord. 38-07 2/5/081 Building Height
Plane (BHP): The building height plane technique sets back the overall height of a building from the front property fine. [Amd. Ord. 38-07 2/5/081 a. The building height plane line is
extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established
at a two to one (2:1) ratio. See illustration below. [Amd. Ord. 38-07 2/5/08] BUILDING HEIGHT PLANE AT 2C1 RATIO b. A structure relocated to a historic district or to an individually
designated historic site shall be exempt from this requirement. [Amd. Ord. 38-07 2/5/081 NO BUILD ZONE r-• of ai REAR SETBACK
4.5 -6 SECTION 4.5.1 (E) (8) (a) 2. 2. First Floor Maximum Height: [Amd. Ord. 38-07 2/5/08] a. Single-story or first floor limits shall be established by: [Arnd. Ord. 38-07 2/5/08] Height
from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). [Amd. Ord, 38-07 215108] ii. Mean Roof Height shall not exceed eighteen feet (18'). [Amd.
Ord. 38-07 2/5/08] iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. [Amd. Ord. 38-07 2/5/08] iv. See illustration. below:
[Amd. Ord. 38-07 2/5/08] v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. [Amd. Ord.
38-07 2/5/08] 3. Upper Story Height: tAmd. Ord. 38-07 2/5/08] a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve
feet (12'). [Amd. Ord. 38-07 215108] (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the
width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (c) (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified
by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings
shall be visually compatible within the subject historic district. [Amd. Ord. 38-07 2/5/08] (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure
shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades.
[Amd. Ord. 38-07 215108] (e) Rhythm :of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship
between existing historic buildings or structures within the subject historic district. [Amd. Ord. 38-07 2/5/08] (f) Rhythm of Entrance and/or Porch Protections: The relationship of
entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic
buildings and structures within the subject historic district for all development, [Amd. Ord. 38-07 2/5/08] (g) Relationship of Materials, Texture, and Color: The relationship of materials,
texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the
subject historic district. [Amd. Ord. 38-07 2/5/08] (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape
of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. [Amd. Ord. 38-07 2/5/08]
(i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic
buildings or structures within the subject historic district and the structure to which it is visually related. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (j) (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall
be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building
is appropriate, the following shall apply for major development only: [Amd. Ord. 38-07 2/5/08] 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front
facade must be setback a minimum of seven (7) additional feet from the front setback line: [Amd. Ord. 38-07 2/5/081 a. Lots sixty-five (65) feet or less in width are exempt from this
requirement. [Amd. Ord. 38-07 2/5/081 To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side
setbacks (example: 100' lot width x 40% = 40' -15' side yard setbacks = 25'). [Amd. Ord. 38-07 215/08] c. Any part or parts of the front facade may be used to meet this requirement.
[Amd. Ord, 38-07 2/51081 d. See illustration below: [Amd. Ord. 38-07 2/5/083 75' LOT 75' LOT
SECTION 4.5.1 (E) (8) 0) 2. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a
minimum of five (5) additional feet from the side setback line: [Amd. Ord. 38-07 2/5/08] a. To calculate how much of the building depth must comply with this provision, multiply the
lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' -25' front yard setback -10' rear setback = 25'). [Amd.
Ord. 38-07 2/5/08] b. Any part or parts of the side facades may be used to meet this requirement. [Amd. Ord. 38-07 2/5/08] c. See illustration below: [Amd. Ord. 38-07 2/5/08] d. If the
entire building is set back an additional five (5) feet from the side, no offsets are required on that side. [Amd. Ord. 38-07 2/5/08] 3. Porches may be placed in the offset portion of
the front or side facades, provided they are completely open except for supporting columns and/or railings. [Amd. Ord. 38-07 2/5/08]
(k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard
to its directional character, whether vertical or horizontal. [Amd. Ord. 38-07 2/5/08]
4.4 -14 (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of
another style. [Amd. Ord. 38-07 2/5/08] (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished
as follows: [Amd. Ord. 38-07 215108] 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. [Amd. Ord. 38-07 2/5/08] 2. Additions
or accessory structures shall not be located in front of the established front wall plane of a historic building. [Amd. Ord. 38-07 2/5/08] 3. Characteristic features of the original
building shall not be destroyed or obscured. [Arad. Ord. 38-07 215/08] 4. Additions shall be designed and constructed so that the basic form and character of the historic building will
remain intact if the addition is ever removed. [Amd. Ord. 38-07 2/5/08] 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building
nor replicate the original design, but shall be coherent in design with the existing building. [Amd. Ord. 38-07 2/5/08] 6. Additions shall be secondary and subordinate to the main mass
of the historic building and shall not overwhelm the original building. [Amd. Ord. 38-07 2/5/08] (9) Visual Compatibility incentives. In order to provide design flexibility for residential
structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include
the following: [Amd. Ord. 38-07 215/08] (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open
air spaces limited to; first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors),
balconies, and overlooks with open railings (see illustration below); and [Amd. Ord. 38-07 2/5/08]
4.5-5 SECTION 4.5.1 (E) (9) (a) 15.L.Aat: t5;-.); (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a
maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The
total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below. [Mid. Ord. 38-07 215108] FRDNT VI EW S S SIDE CAN'.35,!?!.tOVE _ •1:11k:F
375-. MAX.----NOT EXC ED:. 35.! ___ M131$1 aE LIN,DEA. OF t M.D:R 4 ' F ' 0 3# FA:CAD:E(S ) MUST REMAIN I STORY
SECTION 4.5.1 (r) (F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness
pursuant to Section 2.4.6(H). The Historic Preservation Board shall be guided by the following in considering such a request. [Amd. Ord. 55-07 1/15108] (1) The Historic Preservation
Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated
historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it
would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced
only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the
city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing
an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for immediate reuse of the property if the proposed demolition
is carried out, and what effect those plans will have on the surrounding area. [Amd. Ord. 55-07 11151081 (2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The
Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest
that the Board seeks to preserve.
4.5 -7 SECTION 4.5.1 (F) (4) (4) The Board may grant a certificate of appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date.
The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative
to demolition. The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing
buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve
the structure concerned. Such steps may include, but are not limited to, consultation with community groups, public agencies, and interested citizens, recommendations for acquisition
of property by public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features. (6) The Board may, with the consent of the
property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like
for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner,
at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and
scaled architectural drawings to include elevations and floor plans. Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning Department. One (1) to be
kept on file and the other to be archived with the Delray Beach Historical Society. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical
Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. [Amd. Ord. 55-07 1115108] (7) The owner
shall provide the following information on his/her application for any contributing structure in a historic district or individually designated historic structure: [Amid. Ord. 55-07
1115/081 (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability
to repair it at a reasonable cost. The report must include photographs to substantiate the damage. [Amd. Ord, 55-07 1115/08/(b) A certified report from an engineer, architect, general
contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. [Amd. Ord. 55-07 1/15/081
SECTION 4.5.1 (F) (7) (c) 4.5 -18 (c) An appraisal of the property in its current condition, its value as vacant land and its potential value as a preserved and restored historic property.
[Amd. Ord. 55-07 1115108] (d) Documentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Delray Beach to which the
contributing/individually designated historic structure could be safely relocated. Valid. Ord. 55-07 1/15/08] (G) Unsafe Buildings: in the event the Chief Building Official determines
that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately
notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than
demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the
Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances
to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures
in the applicable ordinances. (H) Undue Economic Hardship: In any instance where there is a claim of undue economic hardship, the property owner may submit, within a reasonable period
of time, prior to a meeting with the Board, the following documentation: (1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased;
(b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two years; (d) Annual debt service or
mortgage payments, if any, for the previous two years; (e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing,
or ownership of the property; (f) Any listing of the property for sale or rent, price asked, and offers received, if any; and
SECTION 4.5.1 (H) (1) (g) 4.5 -8 (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property
if it were rented or leased in its current condition. (2) For Income Property (Actual or Potential): (a) The annual gross income from the property for the previous two years, if any;
(b) The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. (3) An applicant may submit and the Board may
require that an applicant furnish additional information relevant to the Board's determination of any alleged undue economic hardship. The Board may also require, in appropriate circumstances,
that information be furnished under oath. (4) In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property
owner, the property owner shall file statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained. Where such unobtainable
information concerns required financial information, the property owner will submit a statement describing estimates which will be as accurate as are feasible. (I) Historic Preservation
Board to Act on Site Plans, Landscape Plans, and Architectural. Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development
applications, within a Historic District or on a Historic Site, subject to processing under Sections 2.4.5(F),(G),(H), and (I) which otherwise would be acted upon by the Site Plan Review
and Appearance Board or the Planning and Zoning Board. (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation
Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance
requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. [And. Ord. 12-93 219193] (1) That a variance is necessary
to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare.
SECTION 4.5.1 (J) (1) (b) 4.5 -20 (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance,
sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic
sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character
of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance
requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. [Arad. Ord, 12-93 2/9/93] (2) Or, as an alternative to subsection
(i)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A
variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site.
(c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. [Amd. Ord. 12-93 219193] (3) The Board shall otherwise follow
all procedures and impose conditions as required of the Board of Adjustments. [Arad. Ord. 12-93 219/93] (K) Designation of Historic Sites: The following Historic Sites are hereby affirmed
or established: (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision
of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17-90, May 22, 1990).
SECTION 4.5A (K) (2) (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South Half of Lot 4 lying West of State Road MA, (less the West 435.5 feet thereof, less the West
25 feet thereof for road Right-of-way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road AlA (less the West 25 feet thereof for road Right-of-way),
and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right-of-way) (less Right-of-way of State Road AlA, missing from original description) of Block E, Revised
Plat of Blocks D and E, Palm Beach Shore Acres, Defray Beach, Palm Beach County, Florida as Recorded in Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. And
that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road AlA. (3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original
designation by Ordinance 16-89) (4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89) (6) THE FREE AND ACCEPTED MASONS
OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19-89) (7) ST. MATTHEW EPISCOPAL CHURCH, 404 S,W. 3rd Street,
located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach,
Palm Beach County [Amd. Ord. 29-94 617/94 (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (10) HISTORIC
DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Defray Beach (Original designation by Ordinance 119-88) (11) THE COLONY HOTEL
AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, inclusive, Block 108. And Lots 5,
6 and 7, Less 5 foot Road RAW, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. ['kind. Ord. 22-91 3/26/91]
4.5 -22 SECTION 4.5.1 (K) (12) (12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly
Town of Linton, Palm Beach County, Florida. [Amd. Ord. 68-94 10/18194]. (13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block
19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 8-95 2/7195] (14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 51h Avenue, Delray Beach, Florida; more
particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida
(154 N.W. 5th Avenue). [Amd. Ord. 29-02 7/16/02]; [Amd. Ord. 9-95 2/7/95] (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly
Town of Linton, Palm Beach County, Florida. [Amd. Ord. 26-95 616195] (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida. [Amd. Ord. 27-95 6/6/95] (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida, [Amd. Ord. 28-95 616195] (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the
West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 57-96 12/3/96] (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL,
located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East 1/2 of Lot 12, Section
8-46-43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest
corner of Lake Ida Road and Swinton Avenue. [Amd. Ord. 26-97 7/1/97) (20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the
South 27.6 feet of Lot 5, less the West 5 feet SR RNV, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach
County, Florida. [Amd. Ord. 46-97 11/18/97
SECTION 4.5.1 (K) (21) 4.5 -23 (21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in
Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida_ [Amd. Ord. 12-98 3/3/981 (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located
at 36 Bronson Street, Defray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public
Records of Palm Beach County, Florida. [Amd. Ord. 46-99 11116199] (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway
in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 18-00 8/15/00] (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure
#930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Arnd. Ord. 19-00 8/15/001 (25) THE WATER HOUSE, located
at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof
recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. [Amd. Ord. 15-01 2/20/01] (26) THE O'NEAL HOUSE, located at
910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Defray Beach, Palm Beach County, Florida, according
to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 27-02 7116/02] (27) THE AMELUNG HOUSE, located at 102 NE 12th
Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records
of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. [Amd. Ord. 25-03 8/19/03] (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue,
Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of
South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach
County, Florida. [Amd. Ord. 71-04 1/4105]
SECTION 4.5.1 (K) (29) 4.5 -24 (29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland
Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 26-05 5131051 (30) THE SEWELL C. BIGGS
HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Defray Beach Esplanade, according to the
plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Arad. Ord. 5005 7/19105] (L) Designation of Historic Districts: The following Historic
Districts are hereby affirmed or established: (1) NASSAU STREET which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12
of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book
21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) [Amd. Ord. 38-07 2/5/08] (2) MARINA which consists of Block 125, excluding
the south 350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118,
along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along
with the east half of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance
156-88 adopted on December 20, 1988) [Amd. Ord. 38-07 2/5/08] (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-1DA PARK, according
to the 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 9 at Page 62 (Original designation by Ordinance
9-88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6
of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988).
4.5 -25 SECTION 4.5.1 (L) (5) (5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running
north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the eastwest alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley
in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2)
of the block south of the alley of Block 19; the northsouth alley in the north half of Block 20. [Amd. Ord. 38-07 2/5/08]; [Amd. Ord. 6-97 2/18/97] (M) Tax Exemption for Historic Properties:
[Amd. Ord. 50-96 11/19/96] (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section
4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of, the increase in assessed value
resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96
11119/96] (2) The above exemption does not apply to: [Amd. Ord. 50-96 11/19/96] (a) Taxes levied for payment of bonds; [Amd. Ord. 50-96 11/19196] (b) Taxes authorized by a vote of the
electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50-96 11/19/96] (c) Personal property. [Amd. Ord. 50-96 11/19/96] (3) Duration of
Tax Exemption: [Amd. Ord. 50-96 11/19196] (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City
Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term. [Amd.
Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96] (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes
in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which
qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. [Amd. Ord. 50-96 11/19196]
4.5 -26 SECTION 4.5i (M) (4) (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation
exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser.
[Amd. Ord. 50-96 11/19/96] (5) Qualifying Properties and improvements: [Amd. Ord. 50-96 11/19196] (a) The following real property in the City is qualifying property for the purposes
of this ordinance if at the time the exemption is approved by the City Commission, the property: [Amd. Ord. 50-96 11119/96] (i) is individually listed in the National Register of Historic
Places pursuant to the National Historic Preservation Act of 1966, as amended; or, [Amd. Ord. 50-96 11/19/96] (ii) is a contributing property to a National Register-listed district;
or, [Amd. Ord. 50-96 11119/96] (iii) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance;
and, [Amd. Ord. 50-96 11/19/96] (iv) has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50-96 11/19/96] (b) For an improvement to
a historic property to qualify the property for an exemption, the improvement must: [Amd. Ord. 50-96 11/19/96] (i) be consistent with the United States Secretary of the Interior's Standards
for Rehabilitation, as amended; [Amd. Ord. 50-96 11/19/96] (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State,
Division of Historical Resources, FAG 1A-38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor
and money for the restoration, renovation, or rehabilitation of such property. improvements shall include, but are not limited to: modifications, repairs, or additions to the principal
contributing building and its associated accessory structures (i.e, a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as
the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic
SECTION 4.5.1 (M) (5) (b) ( 4.5 -27 relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non-contributing
principal buildings or their noncontributing accessory structures. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96 (iii) be consistent with Section 4.5.1(E), "Development Standards",
of the City's Land Development Regulations; and [Amd. Ord. 50-96 11119196] (iv) include, as part of the overall project, visible improvements to the exterior of the structure. [Amd.
Ord. 50-96 11/19/96] (6) Evaluation of Property Used for Government or Nonprofit Purposes: [Amd. Ord. 50-96 11/19196] (a) For purposes of the exemption under Section 196.1998, Florida
Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local
government unit or a nonprofit organization certified by the Department of State under Section 617.0301, Florida Statutes. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119196] (b) For
purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided
not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission
fee, comparable to fees charged at similar facilities in the area. [Arad. Ord. 50-96 11119196] (7) Application for Exemption: [Amd. Ord. 50-96 11119/96] (a) Any property owner, or the
authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a Tax Exemption Application with the Planning and Zoning
Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources.
Part 1 of the application, the Construction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application/Request for
Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption
SECTION 4.5.1 (M) (7) (a) 4.5 -28 Covenant, as provided for herein. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (8) Part 1, Construction Application: [Amd. Ord. 10-03 5/20/03];
[Amd, Ord. 50-96 11/19/96] (a) A Construction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is constructed. The Construction
Application shall also contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County
Property Appraiser for the property. Upon receipt of the Construction Application, the Historic Preservation Planner shall review the application and determine whether the application
is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) and is therefore eligible for review by the Historic Preservation Board. [Amd. Ord. 10-03 5/20/03];
(9) Review of Const ruct ion Appl i cat ion by the Histor i c Preservat ion Board: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196] (a) The Historic Preservation Board shall review
the Construction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with
the Certificate of Appropriateness review process simultaneously with the Part 1, Construction Application. If site plan approval or a variance is required for the project, the respective
applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. If Part I of the Construction Application is
submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. [Amd. Ord. 10-03 5/20/03];
[Amd. Ord. 50-96 11119/96] (i) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained
in Section 4.5.1(E), the Construction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board. [Amd. Ord. 10-03 5/20/03];
[Arnd. Ord. 50-96 11/19/96] (ii) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards
contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96]
SECTION 4.5.1 (M) (10) 4.5 -29 (10) Part 2, Final Applicat ion/Request for Review of Completed Work: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) if the Historic Preservation
Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve the Final Application/Request
for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The Historic Preservation Planner will inspect the completed work to
verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review
of Completed Work as verified by the Historic Preservation Planner. [Amid, Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) The Final Application/Request for Review of Completed Work
shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills,
NA Forms 702-704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request
for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether
or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E). After the above mentioned
review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord, 50-96 11/19/96] (c) If the Historic
Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant
shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for the determination to the applicant.
[Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 1003 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Any action taken
by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals'. [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96 11/19/96]
SECTION 4.5.1 (M) (12) -30 (12) Approval by the City Commission: [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96 11119196] (a) Upon approval of a Final Application/Request for Review of
Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission
approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section
4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. [Amd. Ord.
10-03 5/20103]; [Amd. Ord. 50-96 11119/96] (13) His tor i c Preservat ion Exempt ion Covenant : [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196] (a) To qualify for an exemption,
the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department
of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted
and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted_ [Amd. Ord. 10-03 5120/03]; [Arnd. Ord. 50-96
11119196] (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and
shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees,
and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the
taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount
of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212_12(3), Florida Statutes. [Amd. Ord. 10-03 5120103]; [Amd. Ord. 50-96 11/19/96]
(14) Completion of Work: [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96 11/19/96]
4.5 -31 SECTION 4.5.1 (M) (14) (a) (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Construction Application by the Historic Preservation
Board. A Construction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years
following the date of approval of the Construction Application. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196] (b) The City Commission, upon the recommendation of the Historic
Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. [Amd. Ord. 50-96 11/19/96] (15) Notice
of Approval to the Property Appraiser: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic
Preservation Planner, the Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City
Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. [Amd. Ord, 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96] (b) The
resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore,
the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both
the Historic Preservation Board and City Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1st of the year the work was
completed, the abatement will not take effect until the following year of the date of submittal. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96] (16) Revocation Proceedings: [Amd.
Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the
applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation
Exemption Covenant. [Amd. Ord. 50-96 11/19196]
4.5 -32 SECTION 4.5.1 (M) (16) (b) (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall
hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. [Amd. Ord. 10-03 5/20/03]; [Arad. Ord. 50-96 11119196] (c)
The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission
determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to
the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. [Amd. Ord. 50-96 11/19/96] (d) Upon receipt of the resolution revoking the
tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation.
[Amd. Ord. 50-96 11/19/961 Section 4.5.2 Noise Control: Any land use established within the City of Delray Beach must comply with the requirements of Chapter 99, Noise Control, of the
Code of Ordinances. Section 4.5.3 Flood Damage Control Districts: (A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety,
and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve these uses, be protected against
flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation
of flood waters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and, (5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may increase flood hazards to other lands.
4.5 -32 EXHIBIT "C" The Secretary of the Interior's Standards for Rehabilitation The Secretary of the interior's Standards for Rehabilitation are ten basic principles created to help
preserve the distinctive character of a historic building and its site, while allowing for reasonable change to meet new needs. The Standards (36 CFR Part 67) apply to historic buildings
of all periods, styles, types, materials, and sizes. They apply to both the exterior and the interior of historic buildings. The Standards also encompass related landscape features and
the building's site and environment as well as attached, adjacent, or related new construction. 1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change
over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of
missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project
shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall
not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the property and its environment. 10.New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Planning and Zoning Director THROUGH: City Manager DATE: November
3, 2011 SUBJECT: AGENDA ITEM 9.B.1 -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION BOARD'S DECISION/WAIVER REQUEST ITEM BEFORE COMMISSION
The action requested of the City Commission is consideration of an appeal of an Historic Preservation Board (HPB) decision made on August 21, 2011. The HPB’s motion to approve the waiver
of required parking spaces at 85 SE 6th Avenue failed on a 0-5 vote, based upon a failure to make positive findings under LDR Section 4.5.1(E)(3)(b)2. BACKGROUND At its meeting of October
4, 2011, the City Commission considered the subject appeal and tabled the item so that additional background information and clarification could be provided by Staff regarding Code violations
and the illegal conversion of the garage to office use, and the Code Enforcement Board case which was resolved in 2003. A summary of the longstanding history of outstanding permits,
the code case, and multiple site plan applications submitted for HPB review is below. In researching our files, a Class V site plan was submitted in 1995 for conversion of the principal
structure (Blank House) to retail use; conversion of the garage to office use, construction of a 9 space pea rock parking area at the SW corner of the site; and additional site improvements.
The request was approved by the Historic Preservation Board (HPB) on August 16, 1995 (valid through February 1997), and it was noted that this approval was for a conversion that had
already occurred without permits, and without the provision of required parking. No site improvements were installed and the site plan approval expired in February 1997. On March 17,
2000, a building permit application was submitted to convert the garage space to office and to construct associated site improvements (parking lot, etc.). As the original site plan approval
had expired in February, 1997, a new site plan approval was required. On December 12, 2000 a Class III site plan modification was submitted for conversion of the garage into two offices
(already established), installation of outdoor dining and an exterior staircase for the Blank House, and construction of 8 asphalt parking spaces at the SW corner of the lot, and one
handicap space at the North side of the lot. A building permit was submitted on December 19, 2001 (01-77442) for the conversion from garage to office and related site improvements. This
permit request did not include the
garage door replacement with French doors done in 1995. On January 18, 2001, a code violation was issued (CEB-01-77906) for conducting work without a permit (changing the garage doors
to French doors). As the applicant was seeking site plan approval (per the December 12, 2000 submittal noted above) for the use conversion, it appears that the citation was limited to
the physical work which had been done without a permit. The Class III site plan modification request submitted on December 12, 2000 was approved at the HPB meeting of May 2, 2001. This
site plan was not certified (conditions of approval had not been addressed) and the permit was not issued. The improvements were not constructed and the Class III site plan approval
of May, 2001 expired on November 2, 2002. As no action was taken by the applicant to get a permit for the conversion of the doors, a code enforcement lien was recorded on April 18, 2002.
A new Class III site plan modification and COA application (2003-052 SPM) were submitted on November 22, 2002, which included the conversion of the garage into offices and associated
site improvements (including parking). This was approved subject to conditions on March 19, 2003. The Class III site plan modification was certified on June 3, 2003, and building permits
were issued on August 6, 2003 (01-77442). As the French doors were now included in the improvements on the permit, the citation issued by the Code Enforcement Division (work constructed
without a permit) was satisfied and a letter was sent to the applicant on August 15, 2003. The lien amount was considered by Code Enforcement on October 14, 2003 and reduced. This reduced
lien was paid on November 13, 2003 and the code enforcement lien against the property was removed. On December 5, 2003, a COA and Class II Site Plan Modification (COA 2004-076-SPI-CL2)
was submitted. This request included an English Rose Garden and fountain in place of the parking lot and a request to replace the 9 spaces with 6 in-lieu parking spaces. A reduction
to 6 spaces from 9 was requested as the apartment conversion, originally part of the 1995 approval, was never implemented. A revision to building permit number 01-77442 was filed on
December 29, 2003 to “change parking lot to English Rose Garden and walk path”. The permit was put on hold pending Class II site plan approval (submitted on December 5, 2003) which was
scheduled for HPB consideration on January 7, 2004. The item was tabled by HPB at this meeting due to concerns over the elimination of the parking spaces. The HPB approved the Class
II modification at its meeting of March 4, 2004 and recommended approval of the purchase of 6 in-lieu of parking spaces. The request for 6 in-lieu of parking spaces was reviewed by the
City Commission at 4 separate meetings with a final approval granted for the purchase of 2 in-lieu parking with 4 additional new spaces for a total of 7 spaces to be provided on site.
The Class II site plan modification expired in August of 2005, as revised plans were never submitted for certification, and the in-lieu fees were never paid. As a result, the revision
to permit 01-77442, submitted on December 29, 2003, was never issued, and the permit file was closed out on July 24, 2008 due to no activity. At its August 21, 2011 meeting, the HPB
reviewed yet another attempt after 16 years to address the office conversion. This request was to waive all required parking (6 spaces) for the office space conversion. This request
was not supported and the appeal of that denial is now before the City Commission. WAIVER: Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers may be granted by the Historic Preservation
Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means
which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines.
As required above, confirmation that adequate parking can be achieved by alternate means has not been presented. Past site plan submittals have been approved which adequately provided
the required amount of parking and were found to be appropriate and compatible to the historic property. Further, in 2004, additional options were approved to provide for a portion of
the parking on-site and a portion via inlieu. None of these options were followed up on or completed. Waiving the required parking spaces altogether will have the potential to adversely
affect the neighboring area in that the required parking for this private project will utilize public parking spaces, thereby reducing the number of public spaces available for other
users. In addition to the above, it should be considered that while relief may be granted to the amount of required parking spaces, the intent of this “benefit” afforded to historic
properties is not to excuse the provision of all parking but to provide alternatives. Otherwise, one could conclude that all parking on historic properties converted to office use is
not necessary. It is noted that the parking requirement currently being applied is significantly less than the current code requirement. To understand the intensity of the uses on the
site, and what their parking requirement would be if the site had to comply with today’s parking requirement, the following is noted. The required parking for each individual use would
be: office-4, restaurant-13, multi-family residence-7, for a total of 24 spaces. The mixed-use parking calculation would require that twenty (20) spaces be provided, plus the two (2)
spaces eliminated from the garage conversion to office. Utilizing the old code requirements requires that only nine (9) parking spaces be provided (3 existing and 6 for the garage conversion).
The current request is to legally establish the conversion of the garage to office use, and to completely waive the required six (6) parking spaces. The subject request is not supported
by Staff nor has it received support from any of the other reviewing Boards. If Commission finds that the most appropriate manner in which to maintain the historic integrity of the site
is to not physically provide any parking spaces, then Staff recommends that the property owner be required to make payment of all required spaces (6) via the in-lieu of parking process.
This alternative would be the fair approach given that other historic properties converted to commercial use have been obligated to account for their required parking through the available
and appropriate options, including the in-lieu program. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011 meeting, where
they recommended denial of the waiver to the required parking. The Board also requested that the item return for further review when “a solution is worked out.” The Downtown Development
Authority (DDA) considered the subject request at its March 14, 2011 meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the required spaces.
Direction was given to the applicant to work out an alternative approach with Staff, and return to the DDA for further review. The Parking Management Advisory Board (PMAB) considered
the subject request at its June 28, 2011 meeting, where a motion to recommend approval of the waiver to the required parking was denied. The Board suggested that the applicant work with
Staff and accommodate three (3) spaces on site and provide the balance either through an off-site parking agreement, or via the in-lieu of parking fee. RECOMMENDATION Deny the appeal,
thereby upholding the Historic Preservation Board’s action of denial.
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 85 SE 6TH AVENUE 1. This waiver
request came before the City Commission on November 15, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver
request to reduce the required parking for 85 SE 6th Avenue from six (6) spaces to zero (0) spaces. All of the evidence is a part of the record in this case. Required findings are made
in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(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; and, (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. A. Pursuant to LDR
Section 4.5.1(E)(3)(b)2, waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation
Design Guidelines. As provided for in the referenced Section above, the applicant has requested a waiver to the provision of the six (6) required parking spaces. The following is an
excerpt from the attached waiver justification statement provided with the request: “Adequate parking…can be…achieved by alternate means which are consistent with the provisions and
intent of the Delray Beach Historic Preservation Design Guidelines…Thus, the owner is seeking to maintain the historic integrity of the site by allowing the property to exist with 3
spaces on the Property.
2 …the disruption of existing open spaces to provide otherwise underutilized parking would undermine the intent of Ordinance 38-07 and Future Land Use Policy A-4.2, which mandates that
redevelopment shall provide for the preservation of existing resources.” Does the waiver to Section 4.5.1(E)(3)(b)2 to allow a reduction in parking from six (6) spaces to zero (0) spaces
meet all of the requirements of 2.4.7(B)(5)? Yes _______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original
development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample
and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony
of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ___ denies ___ the waiver request to LDR Section
4.5.1(E)(3)(b)2. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of November, 2011, by a vote of _____ in favor and ____ opposed.
________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 7, 2011 SUBJECT: AGENDA ITEM 9.C.
-REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 SPECIAL EVENT REQUEST/FASHION ON THE AVENUE ITEM BEFORE COMMISSION Commission is requested to consider approval of a special event permit
for Fashion on the Avenue, proposed to be held on January 26, 2012 from 8:00 p.m. to 9:30 p.m., sponsored by Luxe Partners, Inc. and supported by the Downtown Development Authority.
Commission is also requested to grant a temporary use permit per LDR’s Section 2.4.6(F) for the closure and use of Atlantic Avenue from Swinton to the west side of NE/SE 5th Avenue from
4:00 p.m. until 11:00 p.m., and use of the Hands lot for crew and models and to provide staff assistance for traffic control and security, barricading, banner hanging and use of a portable
generator. BACKGROUND Attached are a special event permit, site plan, budget and economic calculator for this event received from Marjorie Ferrer on behalf of Luxe Partners, Inc. This
will be a fashion show event to promote economic development for downtown merchants. The event sponsor will be responsible for event management and coordination with businesses, entertainment
and site set up on Atlantic Avenue and cleanup. The estimated overtime cost for this event is $3,050 and barricade rental is $150 for a total cost of $3,200. The event producer is responsible
for paying 100% of all City costs per Special Event Policies and Procedures. RECOMMENDATION Staff recommends approval of the event, temporary use permit, and staff support as requested
with the following conditions: 1. Receipt of a Certificate of Liability Insurance by 1/12/12. 2. Receipt of a Hold Harmless Agreement by 1/12/12.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 8, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 APPOINTMENT
TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Implementation Advancement Board. BACKGROUND
There is a vacancy on the Green Implementation Advancement Board for a regular member due to the resignation of Ms. Rita Johnson. The term is unexpired ending July 31, 2012. On June
2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways
to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives
for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion
of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address
Green technologies. The Commission later amended the number of board members and changed the board's name to the Green Implementation Advancement Board. The Green Implementation Advancement
Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall
be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have
submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term ending July 31, 2012. RECOMMENDATION Recommend
appointment of one (1) regular member to serve on the Green Implementation Advancement Board for an unexpired term ending July 31, 2012.
10/11 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Ana DeMelo Project Manager/Civil Engineering 07/31/2013 Appt
08/04/09 Reappt 06/21/11 David Hawke, Chair Architect 07/31/2012 Unexp Appt Vacant 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Jayne King, Vice Chair Master Gardener/Educator 07/31/2013
Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt 06/21/11 Stephanie “Chloe” Bedenbaugh Human Resources 07/31/2012 Unexp Appt 06/21/11 Michael Marcus Recycling-Managing Partner 07/31/2013
Unexp Appt 04/21/11 Reappt 07/05/11 Jeff Benavides Sustainability Project Manager ALTERNATE MEMBERS 07/31/2013 Unexp 05/03/11 Reappt 06/21/11 Yalmaz Siddiqui Environmental Strategy Advisor
07/31/2013 Appt 07/20/10 reg Appt 08/16/11 alt Laura Reines Director/Special Events Coordinator S/City Clerk/Board 11/Green Implementation Advancement Board CITY REPRESENTATIVE: Randal
Krejcarek 243-7322 Richard Reade 243-7009
GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Isabelle Alarie Landscape Architect-Principal (currently serving on the Board of Adjustment) Alberto Chuecos Director of Operations Jeffrey
Conley Architecture/Engineering-Principal Lillian Stajnbaher Ecologic Advisor-Managing Principal
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 3, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 APPOINTMENTS
TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND There are vacancies on the Education Board for
regular members due to the resignation of Ms. Sandra Weatherspoon and Ms. Lydia Carreiro. The terms are unexpired ending July 31, 2012, and July 31, 2013. Members of the Education Board
must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that
the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for
appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term ending July 31, 2012 and Mayor McDuffie
(Seat #5) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of two (2) regular members to serve on the Eduation Board for
unexpired terms ending July 31, 2012, and July 31, 2013.
10/11 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 Appt 07/05/11 LeAnne DeRigne Educator 07/31/2012 Unexp Appt 04/21/11 Jose Herrera Special Events Coordinator 07/31/2012
Appt 07/15/08 Reappt 07/20/10 Derline Pierre-Louis, Vice Chair President/Plan & Budget Reviewer 07/31/2012 Unexp Appt 10/19/10 Amanda Orndorff Educator 07/31/2012 Appt 07/20/10 Debra
Kaiser Senior Director 07/31/2012 Unexp Appt Vacant 7/31/2013 Unexp Appt Vacant 07/31/2013 Appt 08/02/11 Shannon Schwartz Educator 07/31/2013 Appt 06/21/11 Isabel Make Educator/Consultant
07/31/2013 Appt 08/02/11 Lee Cohen Educator 07/31/2013 Unexp Appt 12/07/10 Reappt 06/21/11 Myra Leavy Bazemore Educator STUDENT MEMBERS (one term limit) 7/31/2013 Appt 06/21/11 2 YEAR
TERM Madison Aracri Student 7/31/2012 Appt 07/19/11 1 YEAR TERM Trevis Pridgen Student CITY REPRESENTATIVE: Janet Meeks – Education Coordinator 243-7231 COMMISSION LIAISON:
EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Education/Sales & Consultant Claudia Flores Banking-Assistant Vice President Julia Kadel Director of Admissions Sandra Owens Educator
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 9, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 RESOLUTION
NO. 49-11/FIRE ASSESSMENT FEE ITEM BEFORE COMMISSION Approval of Resolution No. 49-11, allowing for a fire assessment fee, if adopted, to be collected for a portion of fiscal year 2012,
and to be placed on the property tax bill for the fiscal year beginning October 1, 2012. BACKGROUND The City is required to adopt a resolution to allow for the billing of a fire assessment
fee on the property tax bills as a non-ad valorem assessment for fiscal year 2013. By adopting the resolution the City is not required to proceed forward with the fire assessment fee,
but this step must be completed prior to January 1 if the City wishes to place the fee on the Palm Beach County non-ad valorem assessment roll. This resolution also authorizes an assessment
for fire-rescue services for a portion of fiscal 2012 which will be billed and collected by the City. RECOMMENDATION Staff recommends approval of Resolution 49-11.
RESOLUTION NO. 49-11 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA
OF THE CITY STARTING FISCAL YEAR 2013 AND COLLECTING NON-AD VALOREM ASSESSMENT FOR A PORTION OF FISCAL YEAR 2012 UNDER FLORIDA STATUTE SECTION 170.201; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida (the “City”) is contemplating the imposition of non-ad valorem
assessments for the provision of fire rescue services; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem assessments for the cost of providing fire
rescue services to property within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such non-ad valorem
assessments to be collected annually commencing October 1, 2012, in the same manner as provided for ad valorem taxes; and WHEREAS, the City intends to collect non-ad valorem assessments
for the cost of providing fire rescue services to property within the incorporated area of the City as authorized by section 170.201, Florida Statutes, as amended, for a portion of fiscal
year 2012; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit
A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Commencing with the fiscal year beginning on October 1, 2012, and
with the tax statement mailed for such fiscal year and continuing thereafter until discontinued by the City, the City intends to use the uniform method of collecting non-ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing fire rescue services. The City intends to collect non-ad
valorem assessments for the cost of providing fire rescue services for a portion of fiscal year 2012 as authorized by section 170.201, Florida Statutes, as amended. Such non-ad valorem
assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference.
Section 2. The City hereby determines that the levy of the assessments is needed to fund a portion of the cost of fire rescue services within the incorporated area of the City. Section
3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector,
and the Palm Beach County Property Appraiser by January 10, 2012. Section 4. This Resolution shall be effective upon adoption.
2 Res No. 49-11 PASSED AND ADOPTED in regular session on the _____ day of ______________, 2011. _________________________________ M A Y O R Attest: ____________________________ City
Clerk
3 Res No. 49-11 EXHIBIT A PROOF OF PUBLICATION [INSERT PROOF OF PUBLICATION]
4 Res No. 49-11 EXHIBIT B LEGAL DESCRIPTION [INSERT LEGAL DESCRIPTION]
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 11, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 ORDINANCE
NO. 37-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of a city-initiated amendment to the Land Development Regulations (LDRs) that will amend provisions
in the Flood Damage Control Districts. BACKGROUND At the first reading on November 1, 2011, the Commission passed Ordinance No. 37-11. RECOMMENDATION Recommend approval of Ordinance
No. 37-11 on second and final reading.
ORDINANCE NO. 37-11 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 SECTION
4.5.3, “FLOOD DAMAGE CONTROL DISTRICTS”, SUBSECTION (D) “CONSTRUCTION STANDARDS”, TO MODIFY THE SECTION WHILE MAINTAINING COMPLIANCE WITH STATE STATUTES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in 1968; and WHEREAS, the NFIP enables property owners
in participating communities to purchase insurance protection from the government against losses from flooding; and WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities
to adopt by ordinance an administrative or technical amendment to the Florida Building Code relating to flood resistance in order to implement the NFIP or incentives; and WHEREAS, consistent
with 44 C.F.R. §60.6, an administrative amendment may assign the duty to enforce all or portions of flood-related code provisions to the appropriate agencies of the local government
and adopt procedures for variances and exceptions from flood-related code provisions other than provisions for structures seaward of the coastal construction control line; and WHEREAS,
the City of Delray Beach desires to modify Section 4.5.3 while maintaining compliance with NFIP, Federal Emergency Management Act, and the Community Rating System; and, WHEREAS, pursuant
to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 19, 2011 and voted 7 to 0 to recommend that the changes
be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning
Staff Report; and
2 ORD. NO. 37-11 WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.5, “Overlay and Environmental Management
Districts”, Section 4.5.3, “Flood Damage Control Districts”, Subsection (D) “Construction Standards” of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows: (D) Construction Standards: (1) General: In all areas of special flood hazard, the following provisions apply: (a)
The lowest floor elevation for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility
areas, or any enclosed area including basements and attached garages must be raised 12” above the Base Flood Elevation (BFE), or must be provided with flood proofing per FEMA standards.
(a) (b) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure. (b) (c) All new construction and substantial
improvements shall be constructed with materials and utility equipment resistant to flood damage. (c) (d) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage. (d) (e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(e) (f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood
waters.
3 ORD. NO. 37-11 (f) (g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (g) (h) Any alteration, repair, reconstruction,
or improvements to a structure on which the start of construction was begun after May 8, 1978, shall meet the requirements of new construction as contained in this chapter. (h) (i) Manufactured
homes shall be anchored to prevent floatation, collapse, or lateral movement. Method of anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors.
This standard shall be in addition to and consistent with applicable requirements for resisting wind forces. (i) (j) All mechanical, electrical and plumbing equipment must be located
at or above the BFE. This includes all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. (j) (k) Where enclosed space occurs
below the BFE, openings are required to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1)
square inch per one (1) square foot of enclosed area. All openings shall be one (1) foot above adjacent grade. (k) (l) Louvers, screens, or other opening covers shall not block or impede
the automatic flow of floodwaters into and out of the enclosed areas. (l) (m) Openings meeting the requirement of (k) (j) and (l) (k) above may be installed in doors. Doors by themselves
do not meet the flood venting requirements. (2) Mapped Areas: In all areas of special flood hazard where base flood elevation data has been provided on FEMA Maps, the following provisions
apply: (a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, (as defined in Appendix “A” to these LDRs),
including basement, elevated to or above base flood elevation. (b) Nonresidential Construction: New construction or substantial improvement of any commercial, industrial, or other nonresidential
4 ORD. NO. 37-11 structure shall either have the lowest floor, (as defined in Appendix “A” to these LDRs), including basement, elevated to the level of the base flood elevation or, together
with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) Subdivisions: All subdivision proposals shall
(a) Be consistent with the need to minimize flood damage; (b) Have public utilities such as water, gas, sewer, and electrical systems located and constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood hazards; (d) Provide base flood elevations in all cases where a plat involves five acres of land or fifty dwelling units.
Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading.
The Clerk shall provide a copy of the adopted ordinance to the Florida Building Commission within thirty (30) days of passage on second and final reading. PASSED AND ADOPTED in regular
session on second and final reading on this the _____ day of ___________________, 20___. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk
5 ORD. NO. 37-11 First Reading__________________ Second Reading________________
Coversheet http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5084&MeetingID=335[11/11/2011 12:39:39 PM] MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST.
DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 26, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER
1, 2011 ORDINANCE NO. 37-11 ITEM BEFORE COMMISSION Approval of a city-initiated amendment to the Land Development Regulations (LDRs) that will amend provisions in the Flood Damage Control
Districts. BACKGROUND On January 11, 2011, Ordinance No. 02-11 was adopted by City Commission to amend the Flood Damage Control Districts regulations. The major component of that ordinance
(which is the subject of this text amendment) was to require that the “lowest floor elevation be raised twelve inches (12”) above the Base Flood Elevation (BFE) for all new construction
and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements
and attached garages, or that it must otherwise be provided with flood proofing per FEMA standards.” This recently adopted language has created significant obstacles and has presented
unintended consequences to construction activities. It has further been learned that while once thought to be mandates from the State that required our Land Development Regulations to
be updated, we now know that the previously adopted amendments were optional. Accordingly, this text amendment will remove the language that has been problematic. REVIEW BY OTHERS The
Planning and Zoning Board reviewed the item at their September 19, 2011 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 37-11
on first reading for a city-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment
is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 19, 2011 AGENDA NO: VI. C. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
(LDR), BY AMENDING SECTION 4.5.3, FLOOD DAMAGE CONTROL DISTRICTS, SUBSECTION D CONSTRUCTION STANDARDS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to
the City Commission regarding a city-initiated amendment to the Land Development Regulations (LDRs) that amends provisions in the Flood Damage Control Districts. Pursuant to Section
1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Amendments
to Section 4.5.3, Flood Damage Control Districts, were recommended by the Planning and Zoning Board on December 20, 2010 and subsequently approved by City Commission by Ordinance 02-11
on January 18, 2011. The purpose was to bring the regulations into compliance with State requirements. The amendment generally dealt with mechanical, electrical and plumbing equipment;
required openings for enclosed spaces to allow for flow of floodwaters; and included mention of louvers, screens, door openings and required dimensions. However, the major component
of the previously adopted ordinance (which is the subject of this text amendment) was to require that the “lowest floor elevation be raised twelve inches (12”) above the Base Flood Elevation
(BFE) for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed
area including basements and attached garages, or that it must otherwise be provided with flood proofing per FEMA standards.” This recently adopted language has created significant obstacles
and has presented unintended consequences to construction activities. It has further been learned that while once thought to be mandates from the State that required our Land Developments
to be updated, we now know that the previously adopted amendments were optional. Accordingly, this text amendment will remove only the language that has been problematic. Following are
the negative effects that have been discovered while implementing the requirement to raise the lowest floor elevation twelve inches (12”) above the Base Flood Elevation (BFE) for all
new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including
basements and attached garages: § Storm water cannot be accommodated on-site, due to large allowable building envelopes and minimal area remaining to accommodate runoff;
Planning and Zoning Board Meeting, September 19, 2011 LDR Amendment – Flood Damage Control Districts 2 § Steeper slopes resulting from increased elevation requirements creates erosion
conditions; § Negative impacts have occurred to properties adjacent to construction sites; § To maintain storm water runoff on-site can require very costly infiltration improvements;
§ Negative impacts have occurred to our public rights-of-way (ponding, erosion); and § Construction associated with a higher floor elevation than is actually required, results with increased
costs for fill material, foundation and site stabilization efforts. This amendment will remove the requirement to raise the lowest floor 12” above the Base Flood Elevation, while retaining
the other components of the code that have value and are beneficial. Compliance with State requirements will be maintained with adoption of this amendment. REQUIRED FINDINGS Comprehensive
Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and/or
Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: FLUE Objective A-1 Property shall be developed or redeveloped, in a manner so that the
future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary
to and compatible with adjacent land uses; and fulfill remaining land use needs. This objective is supported as new regulations will ensure that development and redevelopment is appropriate
in terms of topographic and other physical considerations, by requiring minimum elevations for specified features along with openings to allow for the flow of floodwaters. FLUE Objective
A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not
limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. FLUE Policy A-5.2 The City shall
continue to enforce its Flood Damage Protection Ordinance. Both Objective A-5 and Policy A-5.2 are supported by the proposed regulations. The objective requires that the LDRs be regularly
reviewed and regularly updated, and the policy requires the city to enforce its Flood Damage Protection Ordinance. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to
the following civic associations: § Neighborhood Advisory Council § Delray Citizen’s Coalition
Planning and Zoning Board Meeting, September 19, 2011 LDR Amendment – Flood Damage Control Districts 3 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval
to the City Commission of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subsection (D) Construction Standards, by adopting the findings
of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subsection
(D) Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to
Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subsection (D) Construction Standards, by adopting the findings of fact and law contained in the staff report,
and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: § Draft Ordinance
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 3, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 ORDINANCE
NO. 40-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3),
“In-Lieu Fee”, to clarify that the maximum percentage of in-lieu spaces applies only to new developments and the expansion of existing developments. BACKGROUND At the first reading on
November 1, 2011, the Commission passed Ordinance No. 40-11. RECOMMENDATION Recommend approval of Ordinance No. 40-11 on second and final reading.
ORDINANCE NO. 40-11 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 SECTION
4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION (E), “LOCATION OF PARKING SPACES”, PARAGRAPH (3), “IN-LIEU FEE”; TO CLARIFY THE APPLICABILITY OF THE MAXIMUM PERCENTAGE OF IN-LIEU
PARKING SPACES PERMITTED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed
the proposed text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c),
the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray
Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.
That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9, “Off-Street Parking Regulations”, Subsection (E), “Location of Parking Spaces”, Paragraph
(3), “In-lieu Fee”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (3) In-Lieu Fee: All Subject to
the limitations of this Section, new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or
additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Required parking for
exclusively residential development or residential components of
2 ORD. NO. 40-11 mixed use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible required parking can be provided under this option, except for use
conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent
with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. Payment of a fee in-lieu of required parking shall be pursuant
to the following provisions. (a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions
therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the
property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). (1) Area 1: Parcels located
east of the Intracoastal Waterway which are zoned CBD -$18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not
included within the Pineapple Grove Main Street area, West Atlantic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) -$15,600 per space. (3)
Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD
or CBD-RC -$7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD -$4,000 per space.
3 ORD. NO. 40-11
4 ORD. NO. 40-11 (c) All proceeds from such a fee shall be used for parking purposes (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee
is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid
in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the
Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall
bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys’ fees and costs. In-Lieu of Parking Fee
Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over
a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25%
of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of
the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed
project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees
unless authorized by the City Commission. The applicant will be credited up to onehalf of a parking space for each full parking space constructed within public right-of-way. (For example,
the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu fee for 2 spaces). Crediting
of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of-way which
are required to meet the performance standards for. new developments. (f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification
shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required
to accommodate the associated site plan or site plan modification. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
5 ORD. NO. 40-11 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all
ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 ___________________, 2011. ____________________________________ ATTEST M
A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE:
October 26, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011 ORDINANCE NO. 40-11 ITEM BEFORE COMMISSION Approval of a city-initiated amendment to the Land
Development Regulations (LDRs) that will clarify that the 30% maximum percentage of in-lieu spaces applies only to new development and expansion of existing developments. BACKGROUND
On August 2, 2011, the City Commission adopted Ordinance No. 21-11. The ordinance limited the number of required parking that could be satisfied via the purchase of spaces in-lieu to
30% of the required spaces. This maximum percentage was a recommendation in the City’s Parking Management Plan, but was not specific with respect to which of the various in-lieu option
scenarios it should apply to. After ordinance adoption, it became apparent that this application should not apply to conversion of existing space as in most cases these conversions would
exceed the 30% maximum (unless there was a surplus of parking spaces). Since the ordinance adoption, two separate in-lieu of parking requests were presented to the City Commission. These
requests involved the properties at 9 NE 2nd Avenue and 5 SE 2nd Avenue, and both required waivers to the newly established 30% maximum. However, as the new modifications to the in-lieu
program, established in Ordinance No. 21-11, significantly expanded its application to include new development, maximum percentage for certain in-lieu fee applications is still appropriate.
This ordinance will clarify that this 30% maximum will apply to in-lieu requests involving new development or expansion of existing uses. REVIEW BY OTHERS The Downtown Development Authority
(DDA) reviewed the item at their October 10, 2011 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11, 2011 meeting
and recommended approval. Coversheet Page 1 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5081&MeetingID=335 11/3/2011
The Community Redevelopment Agency (CRA) reviewed the item at their October 13, 2011 meeting and recommended approval. The Parking Management Advisory Board (PMAB) reviewed the item
at their October 25, 2011 meeting and recommended approval. The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended approval on a 7-0 vote.
RECOMMENDATION By motion, approve Ordinance No. 40-11 on first reading for a city-initiated amendment to Section 4.6.9(E)(3) of the Land Development Regulations, by adopting the findings
of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations. Coversheet Page 2 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5081&MeetingID=335 11/3/2011
PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: OCTOBER 17, 2011 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR),
BY AMENDING SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION 4.6.9(E)(3), “IN-LIEU FEE”, TO CLARIFY THAT THE 30% MAXIMUM PERCENTAGE OF IN-LIEU SPACES APPLIES TO NEW DEVELOPMENT,
AND EXPANSION OF EXISTING DEVELOPMENTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to Land
Development Regulations (LDRs) that clarifies that the 30% maximum percentage of in-lieu spaces applies to new development and expansion of existing developments. Pursuant to Section
1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS On August
2, 2011, the City Commission adopted Ordinance No. 21-11. The ordinance limited to 30% the number of required parking that could be satisfied via the purchase of spaces in-lieu of actually
providing them. This maximum percentage was a recommendation in the City’s Parking Management Plan, but was not specific with respect to which of the various in-lieu option scenarios
it should apply to. After ordinance adoption, it became apparent that this application should not apply to conversion of existing space as in most cases these conversions would exceed
the 30% maximum (unless there was a surplus of parking spaces). Since the ordinance adoption, two separate in-lieu of parking requests were presented to the City Commission. These requests
involved the properties at 9 NE 2nd Avenue and 5 SE 2nd Avenue, and both required waivers to the newly established 30% maximum. However, as the new modifications to the in-lieu program,
established in Ordinance No. 21-11, significantly expanded its application to include new development maximum percentage for certain in-lieu fee applications is still appropriate. This
ordinance will clarify that this 30% maximum will apply to in-lieu requests involving new development or expansion of existing uses.
Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap) 2 REQUIRED FINDINGS Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following objective supports this proposed amendment: Future Land Use Element Objective A-5 states
that “the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not
limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices.” This LDR text amendment is
supported by this Comprehensive Plan objective and will implement one of the recommendations of the Delray Beach Parking Management Plan. REVIEW BY OTHERS The Downtown Development Authority
(DDA) reviewed the item at their October 10, 2011 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11, 2011 meeting
and recommended approval. The Community Redevelopment Agency (CRA) reviewed the item at their October 13, 2011 meeting and recommended approval. The Parking Management Advisory Board
(PMAB) will review the item at their October 25, 2011 meeting and their recommendation will be reported at second reading. Courtesy Notices Courtesy notices were provided to the following
homeowner and civic associations: § Neighborhood Advisory Council § Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning
and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment implements one of the recommendations of the City of Delray Beach Parking Management Plan of August 2010. This amendment
clarifies that the 30% maximum limitation applies to new development and expansion of uses only. ALTERNATIVE ACTIONS A. Continue with direction.
Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap) 3 B. Move a recommendation of approval to the City
Commission of the amendment to Land Development Regulations, by Section 4.6.9, “Off-Street Parking Regulations”, Subsection 4.6.9(E)(3), “In-Lieu Fee”, To Clarify That The 30% Maximum
Percentage of In-Lieu Spaces Applies To New Development And Expansion Of Existing Developments, by adopting the findings of fact and law contained in the staff report, and finding that
the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the
City Commission of the amendment to Land Development Regulations, by Section 4.6.9, “Off-Street Parking Regulations”, Subsection 4.6.9(E)(3), “In-Lieu Fee”, To Clarify That The 30% Maximum
Percentage of In-Lieu Spaces Applies To New Development And Expansion Of Existing Developments, by adopting the findings of fact and law contained in the staff report, and finding that
the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, by Amending Section 4.6.9, “Off-Street Parking Regulations”, Subsection 4.6.9(E)(3), “In-Lieu
Fee”, To Clarify That The 30% Maximum Percentage of In-Lieu Spaces Applies To New Development And Expansion Of Existing Developments, by adopting the findings of fact and law contained
in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment:
§ Proposed LDR text amendment
Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap) 4 (3) In-Lieu Fee: All new development, use conversion
to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking
spaces to be approved by the City Commission through the payment in-lieu of parking program. Required parking for exclusively residential development or residential components of mixed
use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible required parking can be provided under this option for new development or expansion of existing
uses. The maximum does not apply to conversion of use. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request
is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 3, 2011 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 ORDINANCE
NO. 41-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.6(F),
“Temporary Use Permit”, to clarify the approval authority for uses under a tent. BACKGROUND At the first reading on November 1, 2011, the Commission passed Ordinance No. 41-11. RECOMMENDATION
Recommend approval of Ordinance No. 41-11 on second and final reading.
ORDINANCE NO. 41-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.6, “PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS”, SUBSECTION (F), “TEMPORARY USE PERMIT”, TO CLARIFY THAT THE CHIEF BUILDING OFFICIAL MAY GRANT PERMISSION FOR TEMPORARY USES, PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS,
the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pursuant to
LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to recommend that the changes be approved;
and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;
and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.6, “Procedures for Obtaining Permits and
Approvals”, Subsection (F), “Temporary Use Permit”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
2 ORD. NO. 41-11 (F) Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals
--City Commission 2. Uses under a Tent --City Commission or Chief Building Official 3. Sales Offices and Models at a Residential Development Site --Chief Building Official 4. Construction
Trailers and Compounds --Chief Building Official 5. City Operated Facilities --City Commission 6. Seasonal Farmer’s Market --City Commission 7. Temporary Parking Lots --City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses – City Commission (1) Rule: No temporary use shall be allowed except as
provided in this Subsection (H) or as otherwise provided for in these regulations. (2) Required Information: A request for a temporary use shall be made via letter to the granting authority.
The letter shall contain the following information, as applicable to the use being requested. (a) Name of petitioner; (b) Name of property owner and consent therefrom; (c) Location of
site; (d) Purpose, activity to be conducted; (e) Period of use; (f) Proof of ability to connect temporary electric services (see Article 7.2); (g) Proof of ability to provide toilet
facilities for both men and women on the premises, subject to approval of the County Health Department; (h) How foodstuffs are to be handled;
3 ORD. NO. 41-11 In addition, for circuses and carnivals, the following is required: (i) The nature of the advertising or promotion activity to be conducted for the circus or carnival;
(j) Proof of whether or not the applicant, or the individual identified as having the management authority or supervision of the circus or carnival, has been convicted of any crime or
misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense; (k) If specifically required, copies of all printed advertising proposed to be used in promoting
the use; (l) If specifically required, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(3) Regulations and Restrictions: (a) Uses Under a Tent: 1. The use of a tent, or tents, shall only be as follows: a. The sale of seasonal items which, when protected from the sun, provides
for a less hazardous product for public use (i.e. Christmas tree sales); b. Assembly occupancies to protect the public from the elements. Tents for these uses can be approved for up
to 3 days by the Chief Building Official Requests for more than 3 days up to a maximum of 7 days requires City Commission approval. c. The use of tents for retail sales or other commercial
use is prohibited, except as otherwise permitted in this section. 2. The tent and site shall comply with the following: a. The tent shall be approved by the Fire Marshall for fire resistance.
b. Adequate fire protection equipment, in a type and capacity as approved by the Fire Marshall, shall be provided on the premises at all times.
4 ORD. NO. 41-11 c. Payment of a permit fee [2.4.3(K)] and a deposit of $50 which shall be returned upon determination by the Chief Building Official that all debris resulting from the
use has been removed from the site. d. Obtaining of permits for electrical and health and sanitation facilities, as applicable. (b) Circuses and Carnivals: 1. An investigation of the
applicant's business reputation shall be conducted by the City and the request shall not be approved if such investigation discloses tangible evidence that the conduct of the circus
or carnival would pose a substantial threat to the public health, safety, morals, or general welfare. 2. Permits for electrical and health and sanitation facilities, as applicable, shall
be obtained. (c) Seasonal Farmers Market: 1. A farmer’s market may be permitted within that portion of the City’s Transportation Concurrency Exception Area that is west of the Intracoastal
Waterway, for the purposes of downtown revitalization, subject to the following restrictions: a. The market must be sponsored by the Community Redevelopment Agency, the Downtown Joint
Venture, or other agency which is formulated for the purposes of economic development as approved by the City Commission. b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one day per week, unless specifically authorized by the City Commission. The Commission shall establish the specific days and hours
of operation, as well as the duration of the temporary use permit. c. Products to be sold shall consist of agricultural 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 items bearing the name of the City and the market. The
sale of such
5 ORD. NO. 41-11 additional items, if approved, shall be limited to a specific number or percentage of the total vendors. d. The Commission may approve the design elements of the market
(i.e. site layout, types of tents/booths to be erected, etc.), or may defer such elements to the Site Plan Review and Appearance Board (SPRAB) or the Historic Preservation Board (HPB)
as appropriate. All elements must comply with applicable health, safety and fire codes. e. Permits for electrical and health and sanitation facilities, as applicable, shall be obtained.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses: 1. The horse drawn carriage rides, ice skating rink, carousel, and other
related holiday, seasonal/temporary uses must be sponsored by the City, Community Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated for the purposes
of economic development as approved by the City Commission. The owner/operator of the horse drawn carriage rides must have a license agreement approved by the City Commission prior to
commencing the use. In addition to the holiday, seasonal, and temporary uses referred to in Section 2.4.6(F)(3)(d)(1) above, horse drawn carriage rides are also permitted for certain
special events under the terms and for the times permitted in a license agreement. Horse drawn carriage special event rides not governed by Section 2.4.6(F)(3)(d)(1) above, are only
permitted between 6:00 p.m. and 10:00 p.m. from June 1stthrough November 1, except for weddings, which may also occur between the hours of 8:00 a.m. and 12:00 noon from June 1st through
November 1st. (e) Temporary Parking Lots: 1. A temporary parking lot may be permitted within the following areas: ** a. the portion of the Central Business District (CBD) and Community
Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the south;
6 ORD. NO. 41-11 ** b. the portion 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; ** c. the portion of the CBD located east of the Intracoastal Waterway; ** d. the non-residential zoning districts bounded by Swinton Avenue on the east, I-95
on the west, N.W. 1st Street on the north, and S.W. 1st Street on the south. 2. Temporary parking lot spaces shall not be used to fulfill minimum offstreet parking requirements for new
development or redevelopment. Temporary lots may be used to supplement required parking. 3. Prior to issuance of the temporary use permit, the applicant shall submit a site plan which
includes proposed grade elevations, landscaping and other information which addresses the regular maintenance of the parking surface and irrigation of the landscaped areas. 4. The City
Engineer shall approve the grading plan for the parking lot. The site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission
to the City Commission for consideration. 5. Permits for temporary parking lots shall be issued for a one-year period. Permits may be renewed annually to a maximum of three (3) years
upon review and positive recommendation by the Parking Management Advisory Board. 6. The temporary parking lot shall be monitored for compliance with the approved plan. Should the City
Manager find that the operation of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectify the problem
the permit may be reviewed by the City Commission for possible revocation. 7. Within thirty (30) days of expiration of the permit, all rock or gravel surfaces shall either be removed
or covered with top soil. The site shall then be sodded or landscaped as determined acceptable by the Planning and Zoning Department. 8. A temporary parking lot shall be constructed
to the following specifications:
7 ORD. NO. 41-11 a. The parking lot surface shall be brought to grade with a dust-free surface of one of the following materials over soil which has been compacted to 95% maximum density
per AASHTO T-180: ** 1. four inches of crushed limerock or shellrock coated with a prime coat per FDOT “Standard Specifications for Road and Bridge Construction”, latest edition; **
2. four inches of pearock, gravel or river rock; or ** 3. six inches of mulch. b. If the lot is not operated on a 100% valet basis, wheel stops shall be provided as a means to indicate
individual spaces. The size of the parking spaces, maneuvering areas and aisle widths shall be subject to the standards of Section 4.6.9(D)(4). In addition, the parking lot shall meet
the requirements of the “Florida Accessibility Code for Building Construction”. c. If the lot is operated on a 100% valet basis, then wheel stops shall be provided at the edge of the
parking surface. d. The lot shall meet the requirements of Section 4.6.9(D)(3) for access to the street system. Driveway aprons between the edge of pavement and the right-of-way line
shall be constructed of asphalt or concrete. e. The parking lot perimeter shall be buffered with a minimum 3 feet wide landscape strip, screened with a minimum 2 feet high hedge or 4
feet high opaque fence. Water for irrigation shall be available within fifty (50) feet of all landscaped areas. f. If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on adjacent power poles where possible. The applicant may, as an option, provide alternative on-site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-1/2 feet above the ground shall not be removed.
8 ORD. NO. 41-11 (4) Procedures: Upon receipt of all required information, the granting authority shall take the request under consideration and upon assurance that all applicable regulations
and requirements will be met, the authority shall issue a temporary use permit for a period of time as specified in the permit. Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same
are hereby repealed. Section 5. 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 ____ day of _______________, 2011. ______________________________ MAYOR ATTEST: ___________________________ City Clerk First Reading________________ Second Reading______________
MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE:
October 26, 2011 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011 ORDINANCE NO. 41-11 ITEM BEFORE COMMISSION Approval of a city-initiated amendment to the Land
Development Regulations (LDRs) that will clarify the approval authority for uses under a tent. BACKGROUND Temporary Use Permits are currently required for a list of uses in Section 2.4.6
(F) of the LDRs, which includes Uses Under a Tent. Specific uses that are allowed under a temporary tent must currently be approved by the City Commission. The allowed uses include:
the sale of seasonal items, such as Christmas trees that provide for a less hazardous product when protected from the sun; and assembly occupancies to protect the public from the elements.
The use of tents for retail sales or other commercial use is prohibited, except as otherwise permitted in this Section. This ordinance adds the Chief Building Official as a granting
authority to approve Temporary Use Permits for uses under a tent including seasonal items. Further, other than seasonal sales, uses for assembly purposes are limited to a maximum of
7 days. This can be approved for up to 3 days by the Chief Building Official. Requests for more than 3 days up to a maximum of 7 days require City Commission approval. REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended approval on a 7-0 vote. RECOMMENDATION By motion, approve Ordinance No. 41-11 on first
reading for a city-initiated amendment to Section 2.4.6 (F) of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that
the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Blu
esheet.aspx?ItemID=5079&MeetingID=335 11/3/2011
PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: OCTOBER 17, 2011 AGENDA NO: V. B. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR),
BY AMENDING SECTION 2.4.6 (F) “TEMPORARY USE PERMIT”, TO CLARIFY THE APPROVAL AUTHORITY FOR USES UNDER A TENT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation
to the City Commission regarding a cityinitiated amendment to the Land Development Regulations (LDRs) that will clarify the approval authority for uses under a tent. Pursuant to Section
1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Temporary
Use Permits are currently required for a list of uses included in Section 2.4.6 (F) of the LDRs, among which include Uses Under a Tent. Specific uses that are allowed under a temporary
tent must currently be approved by the City Commission. The allowed uses include: the sale of seasonal items, such as Christmas trees that provide for a less hazardous product when protected
from the sun; and assembly occupancies to protect the public from the elements. The use of tents for retail sales or other commercial use is prohibited, except as otherwise permitted
in this Section. . This ordinance adds the Chief Building Official as a granting authority to approve Temporary Use Permits for uses under a tent including seasonal items. Further, other
than seasonal sales, uses for assembly purposes are limited to a maximum of 7 days. This can be approved for up to 3 days by the Chief Building Official. Request for more than 3 days
up to a maximum of 7 days requires City Commission approval. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make
a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive
Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan.
Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment-Temporary Use Permit, Uses Under a Tent 2 REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following
homeowner and civic associations: § Neighborhood Advisory Council § Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning
and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will allow seasonal uses under tents to be approved by the Chief Building Official rather than City Commission
as currently written. It is noted this is consistent with past City Commission direction. The changes will allow short term approval (up to 3 days) for assembly under a tent by the Chief
Building Official, from 3 to 7 days by City Commission, and prohibit approvals greater than 7 days. The amendment will allow for improved turnaround time for short term temporary uses,
by avoiding the need to wait to be scheduled before the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of
the amendment to Land Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to Clarify the Approval Authority for Temporary and Seasonal Uses Under a Tent, by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to
Clarify the Approval Authority for Temporary and Seasonal Uses Under a Tent, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment
and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED
ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to Clarify the Approval Authority for Temporary and Seasonal Uses
Under a Tent, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: § Proposed Ordinance
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 3, 2011 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 ORDINANCE
NO. 42-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 33, “Police and Fire-Rescue Departments”, Section 33.64, “Contributions”,
Subsection (A), “Member Contributions”, to increase employee contributions by 3% for police officers in compliance with the new terms of our Collective Bargaining Agreement. BACKGROUND
At the first reading on November 1, 2011, the Commission passed Ordinance No. 42-11. RECOMMENDATION Recommend approval of Ordinance No. 42-11 on second and final reading.
1 ORD. NO. 42-11 ORDINANCE NO. 42-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, “POLICE AND FIRE-RESCUE DEPARTMENTS”, SECTION,. 33.61,
“MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION”, SUBSECTION (B), “APPLICATION”, TO MODIFY MEMBER CONTRIBUTIONS; SECTION, 33.64, “CONTRIBUTIONS", SUBSECTION (A), “MEMBER CONTRIBUTIONS”,
TO MODIFY MEMBER CONTRIBUTIONS FOR POLICE OFFICERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.61, Membership; Conditions of Eligibility; Application”, Subsection (B),
“Application”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.61. -MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION. * * * (B)
Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or items as may be prescribed by the Board. (1) The
employee's acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for disability benefits; (2) The employee's designation
of a beneficiary; and (3) Authorization of a member contribution in the amount specified in section 33.64(A), and section 33.62(B)(3) if applicable, by seven and thirty-three hundredths
(7.33) percent payroll deduction payable to the system, effective October 1, 1989. Section 2. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.64, “Contributions”, Subsection
(A), “Member Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. -CONTRIBUTIONS. (A) Member Contributions.
2 ORD. NO. 42-11 (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three
(3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein.
These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions
are no longer required. (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the
Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to
make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous
service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police
officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership,
shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member
has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (4)(3) The City shall pick up the member contribution required by
subsections (A)(1), and (A)(2) and (A)(3) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal
Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member
contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions,
and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent
of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph,
sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.
3 ORD. NO. 42-11 Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of ___________________, 2011. ______________________________________ M A Y O R ATTEST: _______________________________ City Clerk First Reading__________________
Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 28, 2011 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011 ORDINANCE
NO. 42-11 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 42-11 which modifies the pension contribution amount of police officer. BACKGROUND This ordinance
implements the pension changes for police officers contained in the recently ratified collective bargaining agreements between the City and the PBA for the officers, sergeants and lieutenants.
The ordinance provides for an increase in member contribution from 3% to 6% of earnings and removes a reference to a previous member contribution amount. RECOMMENDATION The City Attorney
recommends approval of Ordinance No. 42-11. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5087&MeetingID=335 11/3/2011
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager
DATE: November 9, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 ORDINANCE NO. 43-11 ITEM BEFORE COMMISSION The item before Commission is consideration
of Ordinance 43-11 which amends the legal description of the Fontaine Fox House historic designation in LDR Section 4.5.1(K), and amends the legal description and development restrictions
of the historically designated Fontaine Fox House set forth in Ordinance 70-89. BACKGROUND The Fontaine Fox historic designation presently consists of Lots 1, 2 and 3 of the Ocean Apple
Estates Plat (see attached map). The properties are located approximately 900’ south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side
of Ocean Boulevard (615 North Ocean Boulevard) while lots 2 and 3 are on the west side of Ocean Boulevard (610 North Ocean Boulevard), between North Ocean Boulevard and Andrews Avenue.
The property is zoned R-1-AAA (Single Family Residential) and is an individually listed property in the Local Register of Historic Places established by Ordinance 70-89. Ordinance 70-89
contains the stipulations that on Lot 1 (the oceanfront lot) one dwelling unit of no more than 2,400 square feet could be built (house erected in 1993) and that the entire Fontaine Fox
designated site, which presently consists of three lots, not contain more than three dwelling units (one house per lot). Ordinance 43-11 amends the aforenoted stipulations by revising
“Section 1, Designation”, and “Section 2, Requirements of Designation” of Ordinance 70-89, as well as an Amendment to LDR Section 4.5.1 (K)(2), Designation of Historic Sites, to provide
for the revised legal description of the Fontaine Fox Designation. These changes are requested as Lot 3 of the Ocean Apple Estates Plat is being replatted into the neighboring Ocean
Apple Estates, Plat II. The new plat will reconfigure the size of Lot 3, and shift the existing north fifty feet (50’) onto Lots 1 and 2 of Ocean Apple Estates, Plat II. While Lots 1
and 2, Ocean Apple Estates, Plat II are not locally designated parcels, the historic designation of their new southern fifty feet (50’) will not be removed, and the overall boundary
of the Fontaine Fox House designation will not be altered. Any future new development or improvements within the southern fifty
foot (50’) portion of Lots 1 and 2 will continue to be subject to HPB review. The attached map indicates the existing and proposed lot configuration, along with the border of the historic
designation. The Historic Preservation Board (HPB) held a Public Hearing and considered the subject request at its November 2, 2011 meeting where a recommendation of approval was made
on a vote of 6-0. RECOMMENDATION Approve Ordinance 43-11, which amends Sections 1 and 2 of Ordinance 70-89, and amends LDR Section 4.5.1(K), and schedule the Second Reading and Public
Hearing for the City Commission meeting of December 6, 2011.
ORDINANCE NO. 43-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE
FOX HOUSE AND PROPERTY; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, “OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS”, SECTION 4.5.1, “HISTORIC PRESERVATION SITES AND DISTRICTS”, SUBSECTION (K), “DESIGNATION OF HISTORIC SITES”, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the Fontaine Fox House and property as described in L.D.R.
Section 4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site including the development of a house on the east side of A-1-A, provided certain conditions
were met; and WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A-1-A within the historically designated area; and WHEREAS, the current owner of
the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70-89. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1, “Designation” of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 1, “Designation” to read
as follows: Designation The Fontaine Fox House designation consists of Lots 1 and 2 of the Ocean Apple Estates plat, the South fifty feet (50’) of Lots 1 and 2 of the Apple Ocean Estates,
Plat II, and Lot 3 of the Ocean Apple Estates, Plat II. The Fontaine Fox House is located on Lot 2, Ocean Apple Estates at 610 North Ocean Boulevard. Section 2. That Section 2, “Requirements
of Designation” of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2, “Requirements and Restrictions of Designation”
to read as follows: Requirements and Restrictions of Designation Not withstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance,
the following requirements shall apply to the use and development of the Individually Designated Fontaine Fox site:
2 ORD. NO. 43-11 (1) No more than three (3) dwelling units shall be used, developed, or located within the boundaries of the Fontaine Fox Historic Site. Two dwelling units currently
exist on the historic site, with one unit on Lot 1, Ocean Apple Estates, and the other on Lot 2, Ocean Apple Estates. An additional dwelling unit may be constructed on Lot 3, Ocean Apple
Estates, Plat II. (2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area. (3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50’) of Lots 1 and 2 of the Ocean
Apple Estates, Plat II. Section 3. That Article 4.5, “Historic Preservation Sites and Districts”, Section 4.5.1, “Historic Preservation Sites and Districts”, Subsection (K), “Designation
of Historic Sites”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (K) Designation of Historic Sites: The following
Historic Sites are hereby affirmed or established: (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet
of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance
17-90, May 22, 1990). (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South Half of Lot 4 lying West of State Road A1A, (less the West 435.5 feet thereof, less the West
25 feet thereof for road Rightof-way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road A1A (less the West 25 feet thereof for road Right-of-way),
and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right-of-way) (less Right-of-way of State Road A1A, missing from original description) of Block E, Revised
Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm Beach County, Florida as Recorded in Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. And
that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A1A. Lot 2 of Ocean Apple Estates, and whose historically designated boundary consists of Lots 1
and 2, Ocean Apple Estates, and a portion of Ocean Apple Estates, Plat II described as the South 50 feet of Lots 1 and 2, and Lot 3. (Original Designation by Ordinance 70-89, October
24, 1989; Amended by Ordinance 43-11, December 6, 2011) (3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89) (5) ST. PAUL AFRICAN METHODIST
EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89) (6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275,
85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19-89)
3 ORD. NO. 43-11 (7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89) (8) THE KOCH HOUSE, 777 North
Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84,
Delray Beach, Palm Beach County. (10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation
by Ordinance 119-88) (11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24
and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. (12) MILTON-MYERS
POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
(13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
(14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision,
as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and
14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly
Town of Linton, Palm Beach County, Florida. (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm
Beach County, Florida. (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in
Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran
Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East ½ of Lot 12, Section 8-46-43, Delray Beach, Palm Beach County, Florida. The
chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue.
4 ORD. NO. 43-11 (20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W,
Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. (21) THE PRICE HOUSE, located at 1109
Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County,
Florida. (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18
and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864),
located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E.
8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (25) THE WATER HOUSE,
located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the
Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (26) THE ONEAL HOUSE, located at 910 N.E. 2nd
Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof,
recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. (27) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly
described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate,
lying and being in Palm Beach County, Florida. (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet
of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43
East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue,
Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the
Public Records of Palm Beach County, Florida. (30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and
the West 35 feet of Lot 22, Delray Beach
5 ORD. NO. 43-11 Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. 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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed. Section 6. That this ordinance shall become effective upon recordation of the Ocean Apple Estates, Plat II. PASSED AND ADOPTED in regular session on second
and final reading on this the _____ day of ___________________, 201___. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading_________________
_ Second Reading________________
. HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicants: Frank E. & Nilsa McKinney, Joshua C. & Katherine H. Littlefield Authorized Agent: GE Architecture, Inc., Gary P. Eliopoulos
Project Location: Lot 3, Ocean Apple Estates Fontaine Fox House, Individually Designated HPB Meeting Date: November 2, 2011 File No: 2012-005 ITEM BEFORE THE BOARD The item before the
Board is an amendment to Ordinance 70-89 that established the Fontaine Fox House historic site designation, pursuant to LDR Section 4.5.1(B), and 4.5.1(K)(2). BACKGROUND & PROPOSAL DESCRIPTION
The Fontaine Fox historic designation contains approximately 2.5 acres of land and presently consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat (see attached map). The properties
are located approximately 900’ south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Boulevard (615 North Ocean Boulevard)
while lots 2 and 3 are west Ocean Boulevard (610 North Ocean Boulevard), between North Ocean Boulevard and Andrews Avenue. Zoned R-1-AAA (Single Family Residential), the property (including
all three lots) is an individually listed property in the on the Local Register of Historic Places as established by Ordinance 70-89. Associated with the property, on the east side of
North Ocean Boulevard, (Lot 1) is a 2,400 square foot home constructed in 1993. The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox historic designation)
to the City Commission on September 20, 1989 with the stipulations that on Lot 1 (the oceanfront lot) one dwelling unit of no more than 2,400 square feet could be built and that the
Fontaine Fox site be subdivided into no more than three lots for no more than three dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on October
24, 1989. In 2002, an amendment to Ordinance 70-89 was proposed and reviewed as Ordinance 13-02. The proposal was for the removal of historic designation from Lot 3 and a portion of
Lot 2, and to alter the previous density restriction to allow Lot 3 and that same portion of Lot 2 to be subdivided into a total of four separate parcels to accommodate a development
plan for single family homes (perpendicular to the extant historic structure). The historic designation for the remaining portion of Lot 2, the lot that contains the Fontaine Fox House
and its contributing outbuildings, as well as Lot 1 on the ocean side, would not have been altered. The proposed amendment to the Ordinance was denied at First Reading by the City Commission
at its meeting of May 7, 2002. The currently proposed amendment will require revision of “Section 1, Designation”, and “Section 2, Requirements of Designation” of Ordinance 70-89, as
well as an Amendment to LDR Section 4.5.1(K)(2), Designation of Historic Sites, to provide for the revised legal description of the Fontaine Fox Designation. These changes are necessary
as Lot 3 of the Ocean Apple
Amendment of Ordinance 70-89; 2012-005 HPB Meeting November 2, 2011 Page 2 of 3 Estates Plat is being replatted into the neighboring Ocean Apple Estates, Plat II. The new plat will reconfigure
the size of Lot 3, and shift the existing north fifty feet (50’) onto Lots 1 and 2 of Ocean Apple Estates, Plat II. While Lots 1 and 2, Ocean Apple Estates, Plat II are not presently
designated parcels, the historic designation of their new southern fifty feet (50’) will not be removed, and the overall boundary of the Fontaine Fox House designation will not be altered.
Any new development or improvements within the southern fifty foot (50’) portion of Lots 1 and 2 will continue to be subject to HPB review. The attached map indicates the existing and
proposed lot configuration, along with the border of the historic designation. The amendment to Ordinance 70-89 is now before the Board for consideration. ANALYSIS LDR Section 4.5.1,
Historic Preservation Sites and Districts (B), Criteria for Designation of Historic Sites or Districts (1) To qualify as a historic site, historic district, historic structure, or historic
interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part
of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property
or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria
set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (2) A building, structure, site, interior, or district will be deemed to have historical or
cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state,
or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated
in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social
trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3)
A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic
interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive
architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent
architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time,
a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition
to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and
criteria for the National Register of Historic Places, as prepared by the United States
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At its meeting of October 25, 2011, the Parking Management Advisory
Board recommended approval with an 8 to 3 vote (Marincola, Gergen a nd Gimmy
dissenting); the consensus of the Community Redevelopment Agency (CR A) was the
entire floor be calculated at restaurant parking requirement ; and, at its meeting of October
11, 2011, the Downtown Development Authority (DDA) recommended approval. If
approved, staff suggests that the applicant work with staff on a TDM (Transportation
Demand Management) Program.
Michael Weiner, Weiner & Lynne, P.A., 10 S.E. 1 st Avenue, Suite #C,
Delray Beach, FL 33444 (Attorney representing applicant), made reference to LDR
Section 4.6.9(E)(3) a request for in-lieu parking and stated the ordi nance states when you
have a change of use you may ask for an in-lieu parking fee to acc ommodate the change
of use and that you will be granted the in-lieu parking fee if it is impossible or
inappropriate to provide the required number of spaces on-site or o ff-site. Mr. Weiner
stated there are 13 parking spaces on it and it is impossible to provide any more parking
spaces on-site. He stated they are on along Railroad Avenue and A tlantic Avenue and
they cannot build additional parking spaces in the right-of-way and t here are no available
spaces off-site. Mr. Weiner stated this is the last in-li eu parking request the Commission
is considering under the old ordinance. He stated the applicant is willing to pay for in-
lieu spaces for the entire second floor of this building and is wil ling to purchase eight (8)
spaces at a cost of $15,600.00 for a total of $124,800.00. Mr. Weiner stated i n addition
they are getting 12 spaces at about 350 feet away from a dental office that they renting so
they are up to 4 spaces a 1,000 for this particular location. Thes e parking lots are more
than the required distance under the Code to be considered as alterna tive parking spaces.
However, Mr. Weiner stated they are not asking for them to be forma lly counted, not
asking for any reduction in the $125,000.00 fee but they are showing their good will by
addressing the general concern with respect to parking. Mr. We iner stated on a Friday
night during peak season there are 505 spaces and there is 43% utiliz ation and on a
Saturday there is 51% utilization. Therefore, Mr. Weiner stat ed in that parking garage
there is 250 unutilized spaces within walking distance of that p articular location. He
stated this is the conversion of a little more than 3,000 square feet. Mr. Weiner stated
they have met the requirements of the Board Order and he urged the Commission to
approve the request.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the in-lieu of parking request, to please come forward at this
time. There being no one from the public who wished to address the Commission
regarding the in-lieu of parking request, the public hearing was cl osed.
Mr. Aronson stated with regard to Mr. Weiner’s statement to the Parking
Management Board making his client provide the eight (8) spaces, that was volunteered
by the applicant at the meeting; neither staff nor any of t he board members required the
construction of those spaces.
Mr. Weiner stated they are more than willing to be helpful wi th respect to
the parking of their employees at those two locations. He sta ted even though it was not a
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requirement he believes they have gone the extra step to miti gate anything that might
concern this particular conversion.
Dr. Alperin commented about the parking lot for the evenings and aske d if
there is any signage that will show that it is restricted f or a sky bar and that it is not for
public parking. Mr. Weiner stated they will make the appropriate signa ge.
Mr. Carney asked how long these spaces are being leased at t hat spot. Mr.
Weiner stated he does not recollect the term of the lease but understands that they need
that lease in order to meet their requirements. He stated he di d an analysis of the overall
impact and he does not object to this because the overall impact is minimal. Mr. Carney
stated he would like some assurance that there is going to be a longer term re ntal.
Mrs. Gray asked if there is a limit on how many spaces the applicant can
purchase. Mr. Aronson stated there is no limit. Mrs. Gray asked i f there is a way that we
can determine if the employees are actually using their par king space. Mr. Weiner stated
they are paying for these and under those circumstances they ar e not going to let them go
empty. Mrs. Gray stated she supports this with the TDM Program.
Mr. Frankel stated he has repeatedly asked staff about an emp loyee
program and Mr. Aronson has been busy with other matters. Mr. Frankel stated he does
not think you can require this restaurant to institute this program; he feels this is an
important program and if someone would like to do this voluntarily it w ould be okay.
However, Mr. Frankel stated they should not be required to do it unless it is required of
everyone. For the record, Mr. Frankel stated they open at 7:00 a.m. and he drives pa st the
establishment about 7:45 a.m. and those spots are empty.
Mayor McDuffie stated when he read the quasi-judicial rules of this it
does not make any difference what personal opinions there are but you have to follow the
law. He stated the City created the law and this applicant is abiding by t he law as it exists
today and therefore he supports the project.
Dr. Alperin stated he believes that we can request that the T DM and staff
work with them with that.
Mr. Carney stated we need to create a policy where there i s some offsite
parking.
The City Attorney stated in this particular case it may be p roblematic if we
tried to impose a condition where the LDRs do not provide for it.
Dr. Alperin stated by asking them to participate in it, it will give the
applicants an opportunity to give input into developing the progra m rather than just have
the City automatically laying down the law.
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Mr. Carney stated Mr. Frankel has brought up numerous times a bout the
creation of some employee parking concept. Mr. Aronson stated thi s is part of the
discussions they are having with the Study Implementation Group.
After brief discussion, the Commission concurred that they would l ike Mr.
Weiner be a participant in creating a solution to this probl em. Mr. Weiner stated stickers
will be issued to employees.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Dr. Alperin moved to approve the Board Order as presented, seconde d by
Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
9.C. JOINDER TO MEMORANDUM OF
UNDERSTANDING/MULTIPLE AGENCIES: Consider approval of a Joinder to
the Memorandum of Understanding between South Florida Water Manageme nt District
(SFWMD), LWDD, Palm Beach County and the City of Fort Lauderda le regarding the
C-51 Water Supply and Water Quality Reservoir Planning and Development.
Richard Hasko, Director of Environmental Services, stated this pr oposal is
to execute a Joinder to the Memorandum of Understanding between South Fl orida Water
Management District (SFWMD), Lake Worth Drainage District (LWDD), Palm Beach
County, and the City of Fort Lauderdale to keep the City of Delray Beach in the loop in
the C-51 Reservoir project. Mr. Hasko stated as an alternative long term solution to
maintaining ground water levels this has evolved over the past two yea rs in the form of
rock pit excavation at the western extremity of the C-51 Basi n at Twenty Mile Bend in
northwestern Palm Beach County to create large scale stormwa ter reservoirs. The
proposal is to use that as a storage reservoir for stormwat er. Mr. Hasko stated water
utilities and consumers have been under the gun from South Florida Wate r Management
District because of the increasing demand and competition for the ground water resource.
He stated that given the fact that we have been in drought off and on for a number of
years and it has been a challenge to maintain those ground water levels. Mr. Hasko
stated solutions that most utilities have been able to come up w ith in terms of providing
some sort of long-term sustainability for their water suppli es have to do with alternative
water supplies. He stated we in Delray have been aggressi vely pursuing the expansion of
our reclaimed water system as an alternative water supply source. Mr. Hasko stated this
has the potential for actually maintaining the ground water level s throughout the County
and farther south into Broward County for the benefit of the utiliti es and the water users
that rely on the ground water supply for a relatively inexpensi ve cost per 1,000 gallons.
Mr. Hasko stated this project has a lot of potential for a long-t erm sustainable ability to
maintain the shallow acquifer which many of us rely on.
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Mark Perry, Legal Counsel with Perry & Kern, P.A., 50 S.E. 4 th
Avenue, Delray Beach, FL 33483, representing the Lake Worth Drainage District,
distributed handouts to the Commission.
Mr. Carney stated this City has made a lot of effort to pre serve water and
asked if we will be compensated. Mr. Hasko stated what staff expects to gain is
“regulatory certainty” and we will not be subjected to continuin g negotiations, reviews,
and applications and constant reviews of our demand usage, per capit a usage from South
Florida Water Management District with an eye towards modif ying the City’s
Consumptive Use Permit (CUP).
Mr. Perry stated they are trying to bring on as many pa rticipants as
possible. He stated they had Hallandale Beach and Dania Beac h join the last couple of
weeks and Boynton Beach has joined them also. Mr. Perry gave a bri ef overview of the
Memorandum of Understanding (MOU) that he is requesting the Commiss ion to sign and
it runs out the end of December. He stated they are looking at a short-term participation
and it is a non-binding agreement and they are not asking for any doll ars today but in
time they will be coming around asking for participation with dollars. Mr. Perry stated
the C-51 project is a utilities driven project and will be f or the benefit of the human
population.
Brief discussion between the Commission and Mr. Perry followed.
Mayor McDuffie stated we are doing this in part for the hydr ology
because we keep out salt water intrusion.
Dr. Alperin moved to approve the Memorandum of Understanding (MOU)
between South Florida Water Management District (SFWMD), Lake Worth Drainage
District (LWDD), Palm Beach County and the City of Fort Lauderda le, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Frank el – Yes; Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:16 p.m., the Commission moved to Item
10, Public Hearings.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 38-11: Consider an annexation (via the provisions of
the executed Agreement for Water Service and Consent to Annexation) with initial City
zoning of CF (Community Facilities) for Lago Vista, located at t he southeast corner of
Linton Boulevard and the LWDD E-3 Canal. (Quasi-Judicial Hearing)
The caption of Ordinance No. 38-11 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED AT THE
SOUTHEAST CORNER OF LINTON BOULEVARD
AND LWDD E-3 CANAL, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO COMMUNITY
FACILITIES (CF); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38-11 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 McDuffie asked the Commission to disclose their ex par te
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City-
initiated annexation subject to provisions of an executed Water Ser vice Agreement for
the Lago Vista property and the application of initial zoning of CF (Community
Facilities). Mr. Dorling stated this is a 6.12 acre site loc ated on the south side of Linton
Boulevard west of the Delray Medical Center. He stated this is a 44,514 square foot
nursing home with 120 units. This annexation is pursuant to the Water Service
Agreement executed on March 18, 1999. Mr. Dorling stated that Water S ervice
Agreement called for a phased annexation of properties at the s outhwest corner starting
with the shopping center to be done in 2011, the hospital in 2005, and the Fai r Oaks
property immediately south of this one in 2008 and this was the las t of the properties to
be annexed in the year 2011. Mr. Dorling stated it is in our annexation area designated as
the Annexation Area “B” and this is the second and FINAL Reading.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this item and recommended approval.
Mr. Dorling stated this is part of the Comprehensive Plan whic h had to go
to the State so the first reading was several months ago and i t has gone to the State and
now it is back for second reading. He stated staff notified the County and they have no
objections to the annexation, the Interlocal Plan Amendment Review Com mittee
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(IPARC) was also notified and they have no objections, Lake Worth Drainage District
was contacted and they also have no objections. Formal notice was pr ovided to people
within 500 feet and the City has received no comments. Staff recom mends approval of
Ordinance No. 38-11 on Second and Final Reading.
The City Attorney stated the City is the applicant for th e rezoning portion
of this.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 38-11,
the public hearing was closed.
Mr. Carney moved to adopt Ordinance No. 38-11 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; D r. Alperin – Yes; Mr.
Frankel – Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 25-11: (SECOND READING/ADOPTION
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2011-1): Consider
approval and adoption of Comprehensive Plan amendment 2011-1 including the
following text changes.
A. City Initiated Text Amendments:
i. City Initiated: Future Land Use Element - Addition of Policy
A-5.4 to require the building and site designs for all
development and redevelopment projects to incorporate
Crime Prevention Through Environmental Design (CPTED)
standards to the greatest extent possible.
ii. City-initiated: Capital Improvement Element - Update the
City’s Reclaimed Water Capital Improvement Schedule
(Table RW-CIP) to reflect adoption of the FY2012-FY2016
Capital Improvements Program.
iii. City-initiated: Capital Improvement Element - Update the
City’s Five-Year Capital Improvements Schedule (Table CI-
CIP) to reflect adoption of the FY2012-FY2016 Capital
Improvements Program.
iv. City-initiated: Capital Improvement Element - Update the
Palm Beach County School District’s Capital Improvement
Schedule (Table SD-CIP) to reflect adoption of its FY2012-
FY2016 Capital Improvements Program.
B. City initiated Future Land Use Map amendment:
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i. City initiated Future Land Use Map amendment from County
INST/8 (Institutional with an underlying Residential of 8
units per acre) to City CF (Community Facilities) for Lago
Vista, located at the southeast corner of Linton Boulevard
and the LWDD E-3. (Quasi-Judicial Hearing)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2011-1, PURSUANT TO THE PROVISIONS OF THE
“COMMUNITY PLANNING ACT”, FLORIDA
STATUTES SECTION 163.3161 THROUGH 163.3248,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ENTITLED
“COMPREHENSIVE PLAN AMENDMENT 2011-1”
AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-11 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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is
Comprehensive Plan Amendment 2011-1 and had its first reading in April 2011 and was
transmitted to the State. Mr. Dorling stated at the time it was transmitted to the State it
included one City-initiated land use amendment which is the Lago Vist a nursing home
and one City-initiated text amendment which related to a policy that was being added that
suggested that projects incorporate crime prevention through environm ental design
standards to the greatest extent possible during their review. Mr. Dorling stated there
have been three additional amendments that have been added to this at second reading.
He stated these usually do not receive any comment from the Stat e and this is the way
these additions are handled. Mr. Dorling stated those additions include t ables associated
with Five-Year Capital Improvement Schedule for 2012-2016; Capital Improvement
Schedule for Palm Beach County which is in the Public School’s El ement and some
modifications to the City’s Reclaimed Water Capital Improve ment Schedule for 2012-
2016.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this and there were no comments from the public and the Board voted 5 to 0
to recommend approval.
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Mayor McDuffie declared the public hearing open. There being no one
else from the public who wished to address the Commission regar ding Ordinance No. 25-
11, the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 25-11 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:25 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and
Public.
11.A. City Manager’s response to prior public comments and inquiries.
The City Manager stated at the last meeting Mrs. Finst ra ised concerns
about the parking arrangements at the Milagro Center. Staff took a look at that and they
are following the approved site plan which they believe is set up to give the maximum
safety for pickup and drop off for children.
11.B. From the Public.
11.B.1. Jolene McClure, owner of Off the Ave Food & Spirits, 19 S.E. 5 th
Avenue, Delray Beach, FL, expressed concern over an issue that they are having in this
part of the downtown area and stated in front of Starbucks there is an element of disgrace
and dysfunction that is giving a black eye to the City. Ms. McC lure stated there are drug
deals, criminals, and people are being accosted and are afrai d to cross Federal Highway.
She stated there have been purse snatchings and robberies and note d she has called the
Police 12 times in the last week. Ms. McClure stated people are intimidated and they do
not want to walk through the front door of her businesses urged the City t o help the
businesses in this area (Federal Highway going south). She sta ted people are being
accosted while getting out of their cars and while walking by S tarbucks. Ms. McClure
stated the other day she called the police five times in one mor ning and 27 minutes
someone showed up. Ms. McClure stated because of the intimidation element there
should be 24 hour police presence to her end of the street. She st ated the City promotes
people coming to the downtown area and stated this is not an eleme nt that we need to
promote because it is killing the businesses.
11.B.2. Mike Malone, Chamber of Commerce, 64 S.E. 5 th Avenue, Delray
Beach, FL, stated as a follow up to Ms. McClure’s comments, the Chamber met with a
group of their merchants downtown a couple of weeks ago and joined anot her meeting
that the DDA had and in their Government Affairs meeting on Friday discussed this
being one of the many issues. Mr. Malone stated they are heari ng from more of the
merchants about a lot of people hanging out on the streets and he noted they have seen an
increase over this past summer. He stated anything the Police Department can do in
visiting with some of those people would be helpful. Mr. Malone s tated they are going to
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be working with the merchants and they talked to Marjorie Ferre r with Clean and Safe to
help work that area as well to see if there is something they can do together with the
DDA to come from the merchant side as well.
Mr. Frankel reiterated similar comments expressed by Ms. McClure and
stated on that corner there are people hanging out all day. He stated we used to have
Clean and Safe Officers walk up and down the street doing preve ntive measures. Mr.
Frankel stated the Clean and Safe Officers are driving not wal king up and down the
Avenue.
Mr. Carney stated a greater police presence (i.e. walk-through) m ight not
be a bad idea.
11.B.3. Bonita Goldstein, 302 N.E. 7 th Avenue, FL 33483, supports the
comments that are being said this evening and mentioned one of the Ci ty’s goals about
quality neighborhoods where people want to live. Ms. Goldstein stat ed shortly after she
purchased property on 7 th Avenue and 3 rd Street she came across an article on the internet
proclaiming “Delray Beach Rehab Capital of the World”. Ms. G oldstein stated despite
this article she opened the first Bed and Breakfast in Delray Beach and stated they are
now living in fear that their guests may find themselves victim s of theft just by being in
this neighborhood. Ms. Goldstein stated their neighborhood is under sie ge with one theft
after another and noted that people’s homes are being invaded by re habbers needing
money for their next fix. She stated the rehab facility on 3 rd Street and Federal Highway
behind her property has been sold to another rehab business. Ms. Goldstein suggested
that there be real lock down on facilities that promote themselve s as rehabs and urged the
City to provide additional security for this situation.
11.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), briefly discussed the Police Department and the
response time as mentioned by Ms. McClure. Dr. Kirson feels that the City has taken a
lot of benefits away from the Police and stated you cannot do tha t to people and expect
them to give you the same performance.
The City Manager stated the Police Officers are perform ing in a fine
manner and he is sure if they are made aware of this issue that they will address it
appropriately. The City Manager stated Dr. Kirson should not disparage the performance
of our Police Department because it is not appropriate and he has no basis for it. The
City Manager stated the response times have not gone down and this was a low priority
call and it was treated as such.
11.B.5. Anthony Cottone, member of the Financial Review Board, stated he
has been doing research for the City in regards to the tennis f acilities and noted that the
After School Programs and the Summer Camps are not at capaci ty. Mr. Cottone stated
the capacity for the City Hall/Community Center Camp is a bout 100 and the capacity at
Pompey Park is about 200 for under age 12. He stated the cost per month for an under
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privileged child was $8.00 per month and now it is $50.00 a month. Mr. Cottone stated
he attended the Teen Center today and there is only about 20 people attending the f acility.
He stated out of the City’s $100,000,000 million budget $15 million is used on Pa rks and
Recreation and there needs to be some reallocation of the funds so tha t these
underprivileged kids can get the structure that they need so that t hey do not stay home
unsupervised and turn into this drug element that the City is tryin g to avoid. Mr. Cottone
stated he would like to get this on the Agenda and promote this prog ram so these
underprivileged kids can receive some type of subsidies so that these programs can be
used more.
11.B.6. Sarah Martin, Executive Director of the Delray Beach Marketing
Cooperative, stated she has also dealt with the Starbucks issue off S.E. 5 th Avenue. She
stated it is sometimes difficult, uncomfortable, and almost imp assible along the sidewalk
and she opts to walk on the west side of the road.
Ms. Martin commented about the “On the Ave” Centennial Celebrati on
and stated this was a collaborative effort with many differe nt groups. She recognized
Gary “Buzzy” Buzen and Joey Vaslishan from the Public Works Department for all their
help.
9.D. SETTLEMENT OFFER IN ILENIA JOSEPH v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Ilenia Jose ph
v. City of Delray Beach. Staff recommends approval subject to t he receipt of the
appropriate releases.
Brian Shutt, Assistant City Attorney, stated this is a settl ement offer in
Ilenia Joseph v. the City of Delray Beach and this case arose out of a City employee
leaving the Fire Department headquarters and pulling into the path of Ms. Joseph and she
sustained injuries in the amount of $17,300.00 to date. Staff recommends a Settlement
Offer in the amount of $20,000.00 subject to the appropriate releases.
Mr. Carney moved to approve the Settlement Offer subject to t he
appropriate releases, seconded by Mr. Frankel. Upon roll call t he Commission voted as
follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Y es; Mrs. Gray – Yes;
Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
9.E. SPECIAL EVENT REQUEST/TREE LIGHTING/ON THE
AVENUE: Consider approval of a special event request to endorse the Tr ee Lighting
and On the Avenue to be held on December 1, 2011 from 5:00 p.m. to 10:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of A tlantic Avenue
from Swinton to N.E./S.E. 6th Avenue, and to the alley north of Atlantic A venue on N.E.
1st Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from Atlantic to
the alley south on S.E. 1st Avenue, S.E. 2nd Avenue, S.E. 3rd Avenue and S.E. 4th
Avenue; to authorize staff support for security, traffic control, b anner hanging and
removal, barricade set up and removal, trash removal, clean up, E MS assistance, fire
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inspection services and use of the large City stage; contingent u pon receipt of the Hold
Harmless Agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a Special Event
Request for the Tree Lighting on Atlantic Avenue December 1, 2011 fro m 5:00 p.m. to
10:30 p.m., to grant temporary use permit for closure of Atlantic A venue as specified and
requesting staff support for security, traffic control, banner hanging, barricading, etc. Mr.
Barcinski stated everything that is required was included in the permit request, budget,
site plan, tree lighting schedule and an economic calculator for this event. He stated this
is a shared event between the City and the Downtown Marketing Coop erative (DMC).
The tree lighting portion is the City’s and On the Avenue bel ongs to the DMC. The
estimated overtime costs for the event is $12,630.00 of which $5,050.00 is assigned to the
Tree Lighting and $7,580.00 for On the Avenue. These cost estimates will be l ower if we
do not do the “Dinner in the Sky”. The estimate of overtime cost i s $2,655.00 and all
other costs being related to the tree lighting. Mr. Barcinski stated Ms. Martin proposes to
add an element which is “Dinner in the Sky” and staff has included pictures in the back
up. Staff has concern over this because this is a seating a rrangement of 22 seats and you
get a chef in the middle and you get lifted up 160 feet in the a ir on a crane and the
location is in the middle of the pavilion grounds. Staff’s concern i s with the helicopter
landing in the park, the tree lighting going on simultaneously, and havi ng this event that
same night in the pavilion grounds that it would be overcrowding the si te. Mr. Barcinski
stated staff is concerned with safety and because of the cro wd control. Staff recommends
approval contingent on the Hold Harmless Agreement Liability insura nce by November
23 rd ; however, staff does not recommend the “Dinner in the Sky” element.
Sarah Martin, Executive Director of the Downtown Marketing
Cooperative (DMC), stated the “Dinner in the Sky” event has been organized in over 34
countries and there is no open fire utilized on the open table a nd all food is prepared on
the ground and taken up and then served in a fancy fashion at the table. Ms. Martin
stated you must be at least 4 feet 11 inches to go on the ride and i f you have to go to the
restroom it can go up and down in one minute. She stated the ride is tested every three
months by an accredited testing agency in the U.S. Ms. Martin st ated this has been done
all around the world and out of all 34 countries there has never been one i ncident or
insurance claim against the company. Ms. Martin stated they need a restau rant sponsor in
order for this to happen. She stated they have discussed some alter nate locations for the
crane and they would not move forward unless it was approved by them. One of which
was to put the table on the top of the garage and lift it from there so that it would not
impact the people on the ground. This portion of the event will raise a subs tantial amount
of money that will help them supplement their sponsorship dollars. Ms. Martin stated at
the $500.00 level they would have 88 seats available. Ms. Martin stated she is working
on getting the crane and the freight donated; however, the rental for t his alone for 8 hours
is $40,000.00. Ms. Martin stated the money would go back to the production of the 100
foot Christmas tree and marketing and stated it would be approx imately $15,000-
$22,000. She stated this will help fulfill their agreement with the City which is to
fundraise, produce and program these events.
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Mrs. Gray asked if the DMC is preselling tickets and whether or not they
have sponsors for these in case they do not sell out. Ms. Martin sta ted the restaurant
actually runs the risk. Ms. Martin stated once all the tickets are sold the restaurant would
be liable for $18,000.00 which they could split with a liquor sponsor and that would bring
their liability down to $9,000.00; if there are less tickets sold the restaurant has to
actually bear the cost.
Brief discussion between Ms. Martin and Mayor McDuffie follow ed. Ms.
Martin stated 50% goes to the DMC and the remainder goes back to t he restaurant to
offset the $40,000.00. The restaurant still has to come up with an additi onal $18,000.00
which the DMC suggested they split with the liquor sponsor. The Cit y will receive half
the gross amount.
Ms. Martin stated this is an extreme branding opportunity for a
restaurateur who has multiple restaurants and the DMC is in discussions wit h all of them.
The Commission concurred that this is an extreme branding opportunit y
for the City.
Mrs. Gray stated on the night of the Tree Lighting there is music in se veral
spots and events going on and asked if this is being extended to the p laza. Ms. Martin
stated they are working closely with Prep and Sports for the ac tivities that they held
previously at the last On the Avenue to help supplement their fundi ng. She stated last
time they did it total gratis and this time the DMC is actua lly helping them financially to
do that and partnering on it together.
Dr. Alperin moved to approve the Special Event Request for the T ree
Lighting and On the Avenue with the Dinner in the Sky element to b e held on December
1, 2011 from 5:00 p.m. to 10:00 p.m., seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Y es; Mrs. Gray – Yes;
Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
9.F. SPECIAL EVENT REQUEST/50TH ANNUAL DELRAY
AFFAIR: Consider approval of a special event request from the Chamber of C ommerce
to endorse the 50th Annual Delray Affair to be held on April 13-15, 2012, to grant a
temporary use permit per LDR’s Section 2.4.6(F) for use of Cit y property and rights-of-
way as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, to
allow all vendor permits to be assigned and approved by the Chamb er of Commerce, to
allow this to be the only event held on these dates in the City, to provide a waiver of
parking time restrictions in the downtown area during the event, and to provide staff
support as requested; contingent upon the conditions of approval listed in the staff r eport.
Robert A. Barcinski, Assistant City Manager, stated this is a Special Event
permit request for the 50 th Annual Delray Affair to be held April 13-15, 2012 granting the
temporary use permit for the closure of Atlantic Avenue, other ri ghts-of-way and use of
the park. Mr. Barcinski stated they are asking for a one block extension west to S.W. 2 nd
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Avenue versus N.W. 1 st Avenue. Mr. Barcinski stated they are also requesting that this be
the only event allowed during that time. Staff recommends approv al with the following
conditions: (1) allow banners to be placed within confines of the eve nt site as may be
approved by the Community Improvement Director per Code, (2) rece ipt of a Certificate
of Event Liability and Alcohol Liability Insurance by March 30, 2012, (3) alcohol sales
must be contained in a beer garden with security, (4) not allow vendor parking in Veterans
Park, (5) Copies of signed rental agreements with Old School Squa re and the City for use
of Old School Square Park by March 30, 2012, (6) Only allow use of City Attorney lot for
vendor parking on Saturday and Sunday, April 14 & 15, 2012. Mr. Barcinski stat ed all
other lots requested would be for vendor parking on a non-exclusive use and the City will
be charging in the garage and the County garage as well as the City Hall lot.
Mrs. Gray asked why they wanted to recommend that there would b e no
other events in the City. Mr. Barcinski stated it takes up almost the entire downtown and
City staff is spread very thin.
Mr. Frankel expressed concerns over the new setup last year.
Bern Ryan, CFO of Festival Management Group, 64-B S.E. 5 th
Avenue, Delray Beach, FL 33483, stated because they lost the use of Atlantic Plaza they
had to reconfigure the footprint of the event. Last year they had some issues with Old
School Square being blocked by a very large tent at N.E. 1 st Avenue. Mr. Ryan stated that
tent will not be there this year because they are doing some additional entertainment at the
Old School Square area to draw more foot traffic over there. He s tated they are going to
attempt to do more signage this year and do some more direction t o get some of those
vendors who had been there a long time over there. Mr. Ryan stated w ell over 50% of the
vendors who are in that area have requested to again be put in Old School Square.
Dr. Alperin asked Mr. Ryan if he is confident that Atlantic Plaza and
Veteran’s Park is not going to be available this year. Mr. R yan stated due to pending
construction and that it is private property, Atlantic Plaza e lected last year to not allow the
Delray Affair to utilize that space.
Mr. Frankel moved to approve the Special Event Request for the 50 th
Annual Delray Affair with staff conditions, seconded by Mrs. Gray . Upon roll call the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie –
Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
9.G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unex pired term ending
July 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Annette Annechild as a regular membe r to
the Police Advisory Board to serve an unexpired term ending July 31, 2013, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor
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McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
At this time, Commissioner Carney left the dais.
9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term ending July 31, 2012.
Based upon the rotation system, the appointment will be made by Commissioner Gray
(Seat #4).
Mrs. Gray stated she wished to defer her appointment to the next regular
meeting of November 15, 2011.
9.I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) regular member to the Financial Review Board to serve a n unexpired term ending
July 31, 2012. Based upon the rotation system, the appointment will be ma de by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint David Stein as a regular member t o the
Financial Review Board to serve an unexpired term ending July 31, 2012, seconded by
Dr. Alperin. Upon roll call the Commission voted as follows: May or McDuffie – Yes;
Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
9.J. APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an
unexpired term ending January 14, 2013. Based upon the rotation system, the
appointment will be made by Commissioner Alperin (Seat #2).
Dr. Alperin moved to appoint Stephanie Sugar as a regular membe r to the
Code Enforcement Board to serve an unexpired term ending January 14, 2013, se conded
by Mr. Frankel. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion passed with a 4 to
0 vote.
9.K. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) alternate member to the Board of Adjustment to serve an un expired term ending
August 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Brenda Cullinan as an alternate member to
the Board of Adjustment to serve an unexpired term ending Aug ust 31, 2013, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion passed with a 4 to
0 vote.
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At this point, the time being 8:10 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 37-11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 4.5.3, “Flood Damage Control
Districts”, Subsection (D), “Construction Standards”, to modify th e section while
maintaining compliance with State Statutes and Federal Require ments. If passed, a public
hearing will be held on November 15, 2011.
The caption of Ordinance No. 37-11 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 SECTION 4.5.3, “FLOOD DAMAGE
CONTROL DISTRICTS”, SUBSECTION (D)
“CONSTRUCTION STANDARDS”, TO MODIFY
THE SECTION WHILE MAINTAINING
COMPLIANCE WITH STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated on January
11, 2011, the City Commission adopted Ordinance No. 02-11 which amended the fl ood
damage control regulations for the City. Mr. Dorling stated one of the major items was
requiring that the lowest floor elevation be raised 12 inches above the base floor elevation
for all new construction. He stated it has created some issues and obstac les as it relates to
maintaining drainage on adjacent sites given very close setbac ks. Mr. Dorling stated at
the time those were adopted it was thought that they were mand ated by the State and staff
has come to find out that they were actually optional and staff would like to remove the
language that has become problematic as it relates to raising that elevation 12 inches.
At its meeting of September 19, 2011, the Planning and Zoning Boar d
considered this item and recommended approval. Staff recommends approval.
Dr. Alperin stated when you require a new house to be raised any level
from the previous houses it is causing the drainage to go into the n ext houses. He stated
we need to solve this problem and feels the old houses get flooded ya rds because of the
City’s requirements.
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The City Manager stated we should require them to build a stem wall
instead of just raising the ground level.
Dr. Alperin moved to approve Ordinance No. 37-11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mr. Frankel
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 40-11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 4.6.9(E)(3), “In-Lieu Fee ”, to clarify that
the maximum percentage of in-lieu spaces applies only to new d evelopments and the
expansion of existing developments. If passed, a public hearing will be held on
November 15, 2011.
The caption of Ordinance No. 40-11 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 SECTION 4.6.9, “OFF-STREET
PARKING REGULATIONS”, SUBSECTION (E),
“LOCATION OF PARKING SPACES”,
PARAGRAPH (3), “IN-LIEU FEE”; TO CLARIFY
THE APPLICABILITY OF THE MAXIMUM
PERCENTAGE OF IN-LIEU PARKING SPACES
PERMITTED; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 40-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated on August 2,
2011, the City Commission adopted Ordinance No. 21-11 and that limited the num ber of
required parking that could be satisfied via the purchase of in-li eu spaces to 30% of the
required spaces. Mr. Dorling stated this ordinance will clarify that this 30% maximum
will apply to in-lieu requests involving new development or expansion of existing uses.
At its meeting of October 10, 2011, the Downtown Development
Authority (DDA) reviewed the item and recommended approval; at it s meeting of
October 11, 2011, the West Atlantic Redevelopment Coalition (WARC) reviewed the
item and recommended approval; at its meeting of October 13, 2011, the C ommunity
Redevelopment Agency (CRA) reviewed the item and recommended ap proval; at its
meeting of October 25, 2011, the Parking Management Advisory Board (PM AB)
reviewed the item and recommended approval; at its meeting of Oc tober 17, 2011, the
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11/01/11
Planning and Zoning Board reviewed the item and recommended approval.
Mr. Frankel moved to approve Ordinance No. 40-11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes.
Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 41-11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 2.4.6(F), “Temporary Us e Permit”, to
clarify the approval authority for uses under a tent. If passed, a public hearing will be
held on November 15, 2011.
The caption of Ordinance No. 41-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 2.4.6,
“PROCEDURES FOR OBTAINING PERMITS AND
APPROVALS”, SUBSECTION (F), “TEMPORARY
USE PERMIT”, TO CLARIFY THAT THE CHIEF
BUILDING OFFICIAL MAY GRANT PERMISSION
FOR TEMPORARY USES, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 41-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this cam e out
of discussions that the Commission had a couple of months ago as it r elated to assembly
uses that wanted some extended periods of time. Mr. Dorling stat ed this clarifies that if
there is a request for three days or under it can be approved by t his Chief Building
Official. He stated it also specifies that requests over seven days are not allowed for
those sorts of requests.
At its meeting of October 17, 2011, the Planning and Zoning Board
considered this item and recommended to approve with 7 to 0 vote.
Dr. Alperin inquired about seasonal items. Mr. Dorling stated se asonal
items are not subject to that time restriction and noted that thi s is for assembly
occupancies only.
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11/01/11
Dr. Alperin moved to approve Ordinance No. 41-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fr ankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 42-11: Consider an amendment to Chapter 33,
“Police and Fire-Rescue Departments”, Section 33.64, “Contributions”, S ubsection (A),
“Member Contributions”, to increase employee contributions by 3% in compliance with
the new terms of the Collective Bargaining Agreement. If pass ed, a public hearing will be
held on November 15, 2011.
The caption of Ordinance No. 42-11 is as follows:
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER
33, “POLICE AND FIRE-RESCUE
DEPARTMENTS”, SECTION, 33.64,
“CONTRIBUTIONS", SUBSECTION (A),
“MEMBER CONTRIBUTIONS”, TO MODIFY
MEMBER CONTRIBUTIONS FOR POLICE
OFFICERS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and state d this
ordinance implements the pension changes for Police Officers that was recently
contained in the Collective Bargaining Agreement. The City At torney stated it increases
the member contribution from 3% to 6% and removed an out-of-date refere nce to a
previous member contribution amount that was no longer applicable.
Dr. Alperin moved to approve Ordinance No. 42-11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Mr. Carney
– Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Ye s; Mayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 8:25 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items from the Cit y Manager, City
Attorney and City Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
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11/01/11
The City Manager stated he received an email on Monday from the
International Institute of Municipal Clerks (IIMC) that Chevelle D. Nubin, City Clerk,
City of Delray Beach has earned the designation of Master Municipal Clerk which is
awarded by the International Institute of Municipal Clerks Inc orporated. The City
Manager stated the IIMC awards the Master Municipal Clerk designation only to those
municipal clerks who complete demanding education requirements and w ho have a
record of significant contributions to their local government, community and sta te.
Secondly, the City Manager stated with regard to the Palm Bea ch County
League of Cities Meeting last week the League approved the draf t lobbyist registration
ordinance that will be going to the County Commission and hopefully is on its way to
being finalized. The City Manager stated there are also revi sions to the Well Field
Protection ordinance. He stated there was some discussion about t he possibility of a
municipal service taxing unit for law enforcement services and not ed that Marion County
and Okeechobee County have done that.
The City Manager stated Lynn University was awarded a bi d for one of
the Presidential Debates and they are looking for host venues for s imulcast and this is
something the City can talk to Old School Square about and see if the re would be some
interest in doing that.
The City Manager stated the Tri-Cities barbeque is in Pa hokee on
December 9, 2011.
He stated at the Florida League Legislative Committee Me etings last
Friday in Orlando they discussed 8 issues: red light cameras, sweepstakes, internet cafés,
e-911 call operator exemption for sworn law enforcement officers , effective public
notice, and cost of Code Enforcement violation mailings. The City Mana ger stated right
now you are required to send certified mail return receipt request ed and in the post office
today certified mail is tracked so there is no reason to continue r equiring return receipt
and it would save quite a bit of money if you did not have to do that. The City Manager
stated there was also some discussion about secondary metals re cyclers and whether that
needed to be amended. The City Manager stated what was broug ht up this year and it
would be helpful to the City is a special event immunity provis ion. He stated a few years
ago the State adopted an immunity provision for skateboard parks that if you are injured
in a skateboard park and you signed a waiver that the City cannot b e held liable for that.
The City Manager stated the City of North Port brought up the idea of trying to get the
legislature to provide liability protection for the City when you have non-profit agencies
holding events on City property. He stated now a non-profit is required to g o out and buy
a separate insurance policy to insure the City in addition to the insurance coverage they
already have. The City Manager stated this would be benefic ial to many non-profits.
The City Manager stated there was also discussion about the pr oposed casino bill for
Dade and Broward Counties. He stated the priorities that the City chose so far are red
light cameras; e-911 call operator for sworn law enforcement of ficers, and effective
public notice and the strategy of public notice is to try t o chip away at it. The City
Manager stated there is a bill that would allow a lot of things to be advertised on the
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11/01/11
internet, by posting, or other effective means but there is no overcoming the newspaper
lobby on that. He stated there is another bill that would require you to still buy ads but
you can buy them on the online version of the newspaper. The City Manager stated they
will probably start with land use amendments where they would de lete the requirement
that you include a map in the ad because the map is so small y ou cannot really read it.
He stated those three issues are going forward and when they mee t in September they
have to narrow it down to two of these issues. The City Manager sta ted there are two
bills that have been introduced and one would prohibit internet café s and the other would
regulate them. He stated while they felt it is a big is sue, it was not a priority compared to
some other things that could save the City a good deal of money.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Gray
Mrs. Gray thanked everyone that came out to the Community
Redevelopment Agency (CRA) meeting for the proposed hotel and s tated there was a
great turnout and great feedback from the residents and business owners.
Secondly, Mrs. Gray stated at the S.W. 5 th Avenue and Atlantic Avenue
Plaza Park there are kids that are skateboarding up and down the stage area.
She mentioned the signage for the garages and asked what is being done to
advertise the garage. The City Manager stated there are vi sible signs for the Old School
Square Garage and the City would like to put some more directional signs up. The sign
in the median on Atlantic Avenue was changed from black and white to t he yellow color
that is standard for parking. The City Manager stated the Cit y wants to put some on the
span wires where the signals are at 1 st and Swinton Avenue. Also, he stated the
Federspiel Garage could stand some improvement.
Mrs. Gray inquired about the in-lieu parking fees. The City M anager
stated these fees go into a fund to be used to create more parki ng. He stated it is divided
into different zones and each zone is tracked separately. Mrs. Gray commented about the
safety of the garage and whether we are considering installi ng cameras not just manning
it. The City Manager stated the valet will be on the top floor and the idea is to get people
more up and down in the structure all the time. Mrs. Gray asked about people that are
just self-parking and asked how we are going to make them feel a little s afer.
Dr. Alperin asked if we have a record of how many in-lieu sp aces we have
authorized over the years and how many have been done since the Old S chool Square
Garage and the Federspiel Garage has been built or how many s paces are still available
for more in-lieu use for the downtown areas.
29
11/01/11
Dr. Alperin stated he went into a parking garage in Peru and was shocked
at how bright and lit up it was and the owner was selling advert ising inside the garage for
local businesses.
13.C.2. Mr. Carney
Mr. Carney stated as it relates to return receipt reque sted and having been
involved in representing lenders often times documents talk about when r eceived and he
knows you can track things but noted a signature is great. The Ci ty Manager stated there
are two other examples where that has already been repeale d; one is for towing
businesses and he cannot remember what the other one is. The City Manager stated they
feel for Code Enforcement why should they be held to a higher standard.
Mr. Carney concurred with comments expressed by Mrs. Gray. Mr.
Carney concurred with Dr. Alperin and stated based on the garage he would like to know
how many of the in-lieu parking spaces have we sold.
13.C.3. Mr. Frankel
Mr. Frankel had no comments or inquiries on non-agenda items.
13.C.4. Dr. Alperin
Dr. Alperin stated ten years ago there was discussion about building the
clubhouse at the Golf Course and that it would be a waste of money and it would never
succeed but it is a huge success. Dr. Alperin stated we now have international tennis and
we are now known for tennis. He stated some people did not agree t hat we should spend
money on beautifying and creating the pedestrian walkway of At lantic Avenue. Dr.
Alperin stated if you put money into it and invest it and take a chance it pays of f.
Secondly, Dr. Alperin stated when he was in Peru he had the opportuni ty
to eat guinea pig and alpaca.
13.C.5. Mayor McDuffie
Mayor McDuffie stated tomorrow the Digital Divide Committ ee will
meet. The project will kick-off in west Delray Beach. He s tated from the CRA they
currently have $90,000.00 in funding and $9,900.00 in contributions from private
citizens. Mayor McDuffie stated the cost is approximately $120,000.00 and right now w e
have $99,900.00 in hand. He stated this project will blanket the area f rom Lake Ida south
to 10 th Street from Swinton Avenue west to Congress Avenue with free w ireless
equipment. In addition, Mayor McDuffie stated there are three p articipating schools
(Atlantic High School, Spady Elementary, and the Village Acade my) who are
refurbishing PC’s. Mayor McDuffie stated this is free and noted there are multiple
partners.
30
11/01/11
Secondly, Mayor McDuffie stated he “pardoned” a turkey at the Green
Market.
Mayor McDuffie stated he had a meeting today with the Lobbyist
Registration Software Committee going over the prototype of all the screens for lobbyist
registration which will be available to all municipalitie s as well as the County so that
every city will be able to get on board and we will be able to register our lobbyist online.
The lobbyist themselves will pay a fee and that fee will pay for the registration system so
there will be no charge to us.
He stated he was at the Achievement Center for Children and Fa milies for
lunch today and was reminded what a marvelous job that the Achievement Center does in
our community. Mayor McDuffie stated lots of dignitaries came by today to see what the
Achievement Center does and the compliments were incredible. May or McDuffie stated
Nancy Hurd and her staff does an awesome job. Mayor McDuffie st ated any welfare
family who has ever come into the Achievement Center has lef t the Achievement Center
free from welfare and their rate of success on that today is 100%.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 8:54 p.m.
_______________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on Tuesday, November 1, 2011, which Minutes were formally approved and adopt ed by
the City Commission on ________________________.
__________________________________________________
City Clerk
31
11/01/11
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendme nts, additions
or deletions as set forth above.
City Commission Meeting on November 1, 2011; Item 9.A.
City Commission Meeting on November 1, 2011; Item 9.A.
City Commission Meeting on November 1, 2011; Item 9.A.
City Commission Meeting on November 1, 2011; Item 9.B.
City Commission Meeting on November 1, 2011; Item 9.B.
WHEREAS , each year Americans generate more than 230 millio n tons of
municipal solid waste, more than 4.5 pounds per per son per day. While the nation
has reached an overall recycling rate of more than 33 percent, and Palm Beach County
has reached 36 percent; and
WHEREAS , the theme of America Recycles Day is “I Recycle”; and
WHEREAS , America Recycles Day is a national promotion to r aise awareness
about recycling and buying recycled products; and
WHEREAS , recycling saves precious energy, conserves valuab le natural
resources, protects the environment, and reduces la ndfill needs; and
WHEREAS , waste reduction and the efficient use of our natu ral and
economic resources is critical to a sustainable way of life, and
WHEREAS , to focus the nation’s attention on the importance of recycling
and closing the loop, businesses, industries, gover nment agencies, nonprofit
organizations, and individuals have joined together to celebrate America Recycles Day
2011 and encourage their fellow employees and emplo yers, staff, customers,
memberships and all citizens to pledge to do more.
NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commis sion, do hereby proclaim
November 15, 2011 as:
AMERICA RECYCLES DAY AMERICA RECYCLES DAY AMERICA RECYCLES DAY AMERICA RECYCLES DAY
in the City of Delray Beach, Florida, and urge all citizens, schools, and organizations
in the community to join with me in realizing the v alue and need to protect our
environment.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be af fixed this 15 th day of November,
2011.
______________________________
NELSON S. McDUFFIE
MAYOR
WHEREAS, St. Paul African Methodist Episcopal (AME) Church is the second
oldest religious institution in Delray Beach; and
WHEREAS, St. Paul AME Church, was established on November 1 9, 1897, in
Fagan Henry’s vegetable packing house located on wh at is now Martin Luther King
Jr. Drive. When it was established, it was given th e name Mount Tabor AME Church;
and
WHEREAS, the mothers and fathers of St. Paul AME Church sta rted a brand
new mission in the West Settlers District whose memb ers came from the
predominantly African American and Bahamian neighbo rhoods of Hannah Town,
Frog Alley and Greens Corner also known as “The Sands”; and
WHEREAS , an alabaster cathedral on 5 th Avenue evolved from the humble
beginnings of St. Paul AME Church’s first building, which was built in 1902, in the
unincorporated village of Linton but was destroyed by the Hurricane of 1928; and
WHEREAS, the mission of the AME Church is to minister to th e spiritual,
intellectual, physical, emotional and environmental needs of all people by
spreading Christ’s liberating gospel through word and dee d; and
WHEREAS, the global vision of St. Paul AME Church embraces education,
healthcare, housing and economic relief to the poor in Africa, the Afro-Caribbean
Islands, Europe, Canada and India; and
WHEREAS, on November 20, 2011, St. Paul AME Church will cel ebrate its
114 th Anniversary.
NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, a nd all of the citizens of Delray
Beach do hereby recognize:
ST. PAUL AME CHURCH
on its 114th Anniversary in the City of Delray Beac h, Florida, and congratulate their
commitment to outstanding service and support to the commun ity.
IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be af fixed this 15 th day of November,
2011.
____________________________
NELSON S. MCDUFFIE
MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:
DATE:November 9, 2011
SUBJECT:AGENDA ITEM - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
FLORIDA ASSOCIATION OF CITY CLERKS (FACC) SECOND VICE -PRESIDENT - LORI
MCWILLIAMS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:November 8, 2011
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
RESOLUTION NO. 53 -11/ABANDONMENT OF UTILITY EASEMENT/MIDTOWN DELRAY
ITEM BEFORE COMMISSION
The request involves abandoning a 12’ wide utility easement that covered a 8” water main that extended
north into the Midtown Delray property (formerly Bl ood’s Grove Orchard) from a water main network
serving the Hammock Reserve development to the sout h. The easement was granted to the City of
Delray Beach via an Easement Deed recorded in O.R.B . 9764, Page 1355 on April 28, 1997.
BACKGROUND
On October 24, 2007 the Site Plan Review and Appear ance Board approved a Class V Site Plan,
Landscape Plan and Architectural Elevations for the Midtown Delray development. On March 17, 2008
the Planning and Zoning Board recommended approval of a preliminary subdivision plat and
abandonment of this easement in association with th e Midtown Delray development. The City
Commission approved the Plat on April 15, 2008, sub ject to processing of an easement abandonment.
The abandonment is now before the City Commission f or approval.
The approved Water and Sewer plans for the Midtown Delray development showed removal of the
existing 8” water main and installation of new water mains thro ughout the development within
dedicated rights-of-way or other dedicated easement areas. The existing water main has been capped at
the property line and is no longer in service under the easement on the subject property. The
abandonment request was submitted to eliminate the encumbrance of the existing easement which is no
longer needed on the property.
REVIEW BY OTHERS
Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an
abandonment that the abandonment will not be detrim ental to the provision of utility services to
adjacent properties or the general area.
The abandonment of the easement will not be detrime ntal to the provision of utility services since the
water main in this easement has already been capped and will be relocated with construction of the
Midtown Delray development. The City’s Environmental Services Department (water & sewer service)
has reviewed the request and has no objection to th e abandonment. Since the easement area was
dedicated to the City of Delray Beach as a utility easement for the provision of water services, Flori da
Power & Light, Comcast Cable, Florida Public Utilit ies Company and AT&T do not have an interest in
this request and therefore are not required to comm ent. Pursuant to the above, a positive finding
pursuant to LDR Section 2.4.6(N)(5) can be made.
RECOMMENDATION
By motion, approve Resolution No. 53-11 to abandon a 12’ wide utility easement dedicated via an
Easement Deed recorded in OR Book 9764, Page 1355, of the Public Records of Palm Beach County,
Florida, lying within the Plat of Midtown Delray, a nd finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets cr iteria set forth in Section 2.4.6(N)(5),
Abandonment of Public Easements, of the Land Develo pment Regulations.
RESOLUTION NO. 53-11
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A UTILITY EASEMENT DEDICATED BY
AN EASEMENT DEED RECORDED IN O.R.B. 9764, PAGE
1355, AS MORE FULLY DESCRIBED IN EXHIBIT “A ”.
WHEREAS, the City of Delray Beach, Florida, received an applic ation for
abandonment of a utility easement dedicated by ease ment deed, as recorded in Official
Records Book 9764, Page 1355 of the Public Records of Palm Beach County, Florida, as more
particularly described in Exhibit “A ”; said easement lying within the Plat of Midtown Del ray, as
recorded in Plat Book 111, Pages 87 through 90 of the Publ ic Records of Palm Beach
County, Florida; and
WHEREAS, the application for abandonment of said easement wa s processed
pursuant to Section 2.4.6(N), "Abandonment of Public E asements ", of the Land Development
Regulations of the City of Delray Beach, Florida; an d
WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the applica tion was forwarded to
the City Commission with the recommendation that th e abandonment be approved, based
upon positive findings; and
WHEREAS, the City Commission of the City of Delray Beach, Flo rida, pursuant to
LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the
provision of utility services to adjacent propertie s or the general area, that its interest in the
described property is no longer needed for the publ ic good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said easement, as more
particularly described in Exhibit "A ".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the foregoing recitals are hereby incorporate d herein by this
reference.
Section 2 . That pursuant to Chapter 177 and Chapter 166 of the Flo rida Statutes, it is
hereby determined to vacate and abandon all right a nd interest it holds to the following real
property, more particularly described as follows:
See Exhibit "A "
2 RES. NO. 53-11
PASSED AND ADOPTED in regular session on this the __ day of__________ , 2011.
________________________________
M A Y O R
ATTEST:
___________________________
City Clerk
4 RES. NO. 53-11
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC./SW 12TH
AVE/AUBURN/SW 14TH AVE PROJECT #2010 -098
ITEM BEFORE COMMISSION
This item is before the Commission to approve Chang e Order No. 2 (CO #2) in the total amount of
$13,647.50, for an adjustment in contract quantities due to roa dway slope adjustment to facilitate
drainage; and overbuild to an existing asphalt driv eway to match the new sidewalk grade; and a contrac t
time extension of seven (7) days; for the SW 12th A ve/Auburn/SW 14th Ave Project #2010-098.
BACKGROUND
On May 3, 2011, Commission approved a Contract Awar d to Foster Marine in the amount of
$1,586,019.82 for construction of improvements on S W 12th Ave./Auburn Ave./SW 14th Ave. from
SW 10th St. to W. Atlantic Ave. The scope includes new pavement, micro-surfacing, curbing, parallel
parking, drainage (including swales), water main up grades, landscaping, decorative street lights (SW 1 st
St to W. Atlantic Ave) and paver crosswalks.
On June 23, 2011, the City Manager approved an addi tional cost in the amount of $4,150.82 for
electrical changes to provide LED street light fixt ures in lieu of metal halide fixtures; to be paid o ut of
the contract's Unforeseen Conditions Allowance. Th en on July 29, 2011, the City Manager approved an
additional cost in the amount of $6,301.46 for exca vation and disposal of debris encountered during
pipe installation; to be paid out of the Unforeseen Conditions Allowance.
On September 6, 2011, Commission approved additiona l scope consisting of the relocation of ten (10)
Sewer cleanouts between SW 3rd and 4th St. in the a mount of $6,038.50; to be paid out of the contract's
Unforeseen Conditions Allowance.
On September 20, 2011, Commission approved addition al scope in the total amount of $24,710.49 for
relocation of twelve (12) sewer laterals outside of the proposed sidewalk area in the block from SW 2n d
St. to SW 3rd St.; two (2) additional street light poles, due to the contractor not realizing that, wh en the
revised electrical plan was issued changing the met al halide fixtures to LED fixtures, two additional
poles were added; and the installation of 72 LF of concrete ribbon as requested by the CRA, for 242 SW
12th Ave.
On October 4, 2011, Commission approved Change Orde r No. 1 (CO #1) for the relocation of an
additional twenty-eight sewer cleanouts out of the area of the propos ed sidewalk, in the additional
amount of $16,907.80; and the cost of $1,400.00 for removal of two (2) existing inlets; the cost of th e
removal of the two (2) additional existing inlets w hich were not included in the contract
price was paid from the contract's Unforeseen Condi tions Allowance.
Change Order No. 2 (CO #2) is for an adjustment in contract quantities to Contract Line Items #21 and
#24 as follows: #21 -Type S-III Pavement Overbuild; quantities were added for t he roadway slope
adjustment along SW 12th Ave. and an existing aspha lt driveway will require asphalt overbuild to
match the proposed sidewalk grade. Line Item #24 -4' Wide concrete sidewalk; to properly transition a
new driveway elevation to the existing walkway.
The contractor is requesting a contract time extens ion of a total of seven (7) additional days; three (3)
days to perform the work associated with CO #2, and four (4) days for weather delays.
Attached, please find the cost details on Exhibit "A" to CO #2, and a Location Map.
FUNDING SOURCE
Funding is available from 448-5461-538-68.04 (Storm Water Utility Fund/Other Improvement/S W 12
Ave/Auburn/SW 14 Ave.) after budget transfer.
RECOMMENDATION
Staff recommends approval of Change Order No. 2 for additional scope in the total amount of
$13,647.50, for an adjustment in contract quantities due to roa dway slope adjustment to facilitate
drainage; and overbuild to an existing asphalt driv eway to match the new sidewalk grade; and a contrac t
time extension of seven (7) days; for the SW 12th A ve/Auburn/SW 14th Ave Project .
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:November 8, 2011
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
CONTRACT CLOSEOUT (CHANGE ORDER NO. 3)/FINAL/BRANG CONSTRUC TION,
INC./MLK DR. BEAUTIFICATION PROJECT #2004 -056
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (Change Order No. 3/Final) in the
net deduct amount of ($18,556.10) to Brang Construc tion, Inc., and final payment amount of
$62,142.20; which includes $18,123.08 for additiona l asphalt overlay required to complete the MLK
Drive Beautification Project #2004-056.
BACKGROUND
On August 17, 2010, Commission approved a Contract Award to Brang Construction, Inc. in the
amount of $844,890.00 for construction of the MLK D r. Beautification; Phase 1 Project. The
beautification improvements along the MLK Dr. corri dor encompass N.W. 2nd Street between N.W.
12th Avenue and N.E. 1st Avenue. Improvements incl ude, but are not limited to, landscaping, low
voltage landscape lighting, irrigation, new sidewal ks, decorative crosswalks, pocket parks, new street
lighting, and decorative columns.
On November 2, 2010, Commission approved a Contract Addition (CO #1) in the amount of
$653,303.08 for installation of a reclaimed water t ransmission and distribution system to provide
irrigation to the project's newly constructed lands caping elements.
On September 6, 2011 Commission approved a Contrac t Addition (CO #2) for two (2) additional
decorative columns. The total cost of the addition al columns is $8,900.00; funded as
follows: $6,019.80 from the contract's Unforeseen Conditions Allowance and the remainder of
$2,880.20 was added to the contract as a Contract A ddition.
Change Order No. 3, includes plus and minus quaniti ty adjustments; additional cost of $18,213.08 for
additional asphalt overlay required to complete the project; and liquidates the residual from
continguency allowances. All changes for the proje ct are itemized on the attached Schedule "A". The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from Purchase Order #669735 to funding accounts 380-4150-572-
63.28 (2004 G.O. Bond/Improvements Other/Pompey Par k/Community Center), 334-4141-572-68.57
(General Construction Fund/Other Improvement/Cultur al Loop/MLK Dr. PH 1) and 441-5181-536-
65.96 (Water/Sewer Fund/Other Improvements/Reclaime d Water Transmission).
RECOMMENDATION
Staff recommends approval of the Contract Closeout (Change Order No. 3/Final) in the net deduct
amount of ($18,556.10) to Brang Construction, Inc., and final payment amount of $62,142.20; which
includes $18,213.08 for additional asphalt overlay required to complete the MLK Drive Beautification
Project#2004-056.
($36,769.18)
($36,769.18)
($18,556.10 )
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:October 28, 2011
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
TRI -PARTY AGREEMENT/FDOT/CSXT/CITY OF DELRAY BEACH
ITEM BEFORE COMMISSION
Requesting approval/authorization for the Mayor to execute a tri-party agreement between the Florida
Department of Transportation (FDOT), CSX Transporta tion, Inc, (CSXT) and the City of Delray Beach
to reimburse CSXT an amount of $203,633.00 for the reconstruction of the SW 10th Street railroad
crossing; Project No. 2008-047.
BACKGROUND
Several years ago Tri-Rail added a second track to the CSXT line that cro sses SW 10th Street. The City
has requested that CSXT rebuild the original railro ad crossing at SW 10th Street to create a smoother
crossing for vehicular traffic. This agreement is f or the replacement of just one track, which is the older
crossing. This agreement is a tri-party agreement b ecause FDOT owns the right-of-way and CSXT is
responsible for maintaining the tracks. The City is required to reimburse CSXT for the requested work.
FUNDING SOURCE
Funding is available in 334-3162-541-46.90 after pr ior year balance roll over.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:October 24, 2011
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
IMPLEMENTATION OF THE VALET PARKING SERVICE IN THE OLD SCHOOL SQUA RE
GARAGE
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oving implementation of valet parking service in
the Old School Square Parking Garage.
BACKGROUND
The City Commission, at its workshop of October 11, 2011, directed Staff to proceed with
implementation of valet parking service at the Old School Square Garage. The benefits of the
program are:
1. Increased utilization through accommodation of various segments of the population uncomfortable
with using parking garages;
2. Enhanced security of the facility due to valet attendants traveling between the ground floor queu ing
area and rooftop parking;
3. Provision of a premium service to the resident s and visitors of Delray Beach, and;
4. Creating additional revenue to further the goa l of creating a sustainable parking system.
The proposal dedicates the rooftop and southernmost ground level of the OSS Parking Garage to the
valet program, operated by the City's current garag e operator, Ameristar Parking Solutions, Inc. The
queuing area will be one-way, east to west, traffic circulation accessed fro m NE 2nd Avenue,
(Pineapple Grove Way), with cars delivered to custo mers on the west side of the garage, exiting onto
NE 1st Avenue. While the rooftop level will be the primary location for the storage of vehicles, durin g
non-peak times, (weekdays, off season, etc.), the opera tion will be contained on the ground
level to reduce payroll costs.
While staff is mindful of keeping operating costs a t a minimum, reductions in volume do not always
correspond directly to reductions in staffing. Once possession of a vehicle is taken by an attendant, a
staff member must be present to return the vehicle. The program will be monitored closely, with
periodic adjustments to assure the program is manag ed efficiently.
Parking rate schedules vary between flat fee system s, commonly prepaid and valid until the vehicle is
removed from the facility; and ascending rate struc tures where the price is based on actual length of
stay. Flat fee systems work well during events and for programs such as our current Valet Parking
program in the evening, when one's stay is limited to the culmination of an event or evening out.
Parking garages experience different utilization pa tterns varying in time and length of stay. Careful
consideration has been give to the rate structure f or this program. While the flat fee system has bee n
prevalent in Delray Beach, the daytime garage valet is different. Patrons intending to stay a short ti me,
up to one hour or so, may feel a flat fee is overpr iced compared to someone staying several hours for the
same fee. Conversely, for those using the service f or extended periods, four to six, or even an eight
hour work day, the flat fee may be under priced giv en the amount of time parked. Therefore,
staff proposes a hybrid rate structure, charging $2 .00 per hour or part thereof, with a $10.00 maximum
per day, for cars entering before 4:00 PM. Vehicles entering after 4:00 PM would be charged a flat fee
of $10.00. For vehicles parked overnight, fees resu me upon opening of the valet the following day,
(revenue that is customarily lost in a prepaid, fla t fee system). A sample of the sign customers will see
upon entering is attached to demonstrate the ease o f understanding (hopefully) the cost of parking whe n
entering. It is noted that the program is flexible and can be easily modified to address market change s or
to improve the program.
The current $5.00 fee collected for self parking on Thursdays, Fridays and Saturdays, will be
maintained for those self parking in the garage.
Comprehensive Plan Policy C-4.1 of the Future Land Use Element addresses the re habilitation and
revitalization of the CBD (Central Business Distric t) through innovative actions, including
accommodating parking needs through innovative acti ons. This program is intended to increase
utilization of the parking garages, thereby relievi ng traffic congestion created by drivers circling w hile
looking for parking.
REVIEW BY OTHERS
The Parking Management Advisory Board, at its meeti ng of August 23, 2011, recommended approval
of a valet parking program in the OSS Garage.
Staff was directed by the City Commission to move f orward with this program at the October 11, 2011
workshop.
While not formally presented, the Downtown Developm ent Authority has been requesting daytime valet
service, which was challenging with the current pro gram as the parking lots used by the valets
were legally comitted to their corresponding uses d uring the work day.
RECOMMENDATION
By motion, approve implementation of a Valet Parkin g Program in the Old School Square Garage, as
outlined in the preceding staff report.
WELCOME TO DELRAY VALET
10 AM to Midnight – Sunday - Thursday
10 AM to 2:00 AM Friday & Saturday
ENTER BEFORE 4:00 PM
EACH HOUR, OR PART THEREOF
$2.00
MAXIMUM TO CLOSE
$10.00
ENTER AFTER 4:00 PM
FLAT FEE - PAID UPON ENTRY
$10.00
VEHICLES LEFT OVER NIGHT SUBJECT TO ADDITIONAL FEES
RATES REPEAT UPON VALET OPENING
KEYS MUST BE LEFT WITH ATTENDANT
PLEASE SECURE ALL VALUABLES - NOT RESPONSIBLE FOR I TEMS LEFT IN CARS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:November 8, 2011
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
HOUSING REHABILITATION GRANT/CONTRACT AWARD
ITEM BEFORE COMMISSION
Approval is requested for one (1) Housing Rehabilit ation grant(s) to be re-awarded to the second lowest
responsive bidder in the amount of $28,839.31 due t o the low bidder's withdrawal request. Funding for
the project is through the CDBG and RCMP Housing Re habilitation and grant.
BACKGROUND
This housing rehabilitation project was approved an d awarded to Raymond Graeve & Sons
Construction, Inc. at the October 18, 2011 City Com mission meeting for a total rehabilitation cost of
$28, 090.46. Staff received a letter of withdrawal request from Raymond Graeve stating he is currently
overloaded with projects and cannot commit to a sta rt or completion date.
Approval is requested for one (1) Housing Rehabilit ation grant(s) to be awarded to the second lowest
responsive bidder for the following project:
316 NW 6 th Avenue/Built Solid Construction./$26,615.00=Total Rehab cost: $28,839.31
Grant awards are based on the actual cost of the re habilitation, as determined by the low responsive
bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead
clearance, termite inspection, termite treatment, a nd recording fees, if applicable. Additional cost m ay
be incurred for lead clearance test(s). The conting ency may be used for change orders and all unused
funds will remain with the CDBG and RCMP Housing Re habilitation program. Inspection of work is
done by the Department of Community Improvement’s Building Inspection and Neighborhood Services
Division. Contracts are executed between the buildi ng contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring compliance
according to specifications and program guidelines. Pay request forms require both contractor and
homeowner’s signatures. Grant recipients have met all eligibi lity requirements as specified in the
approved Policies and Procedures. The rehabilitatio n activities will bring the homes to minimum code
requirements by repairing the roof, electric and pl umbing systems and correcting other incipient code
violations. Detailed work write-ups and individual case files are available for rev iew in the
Neighborhood Services Division Office.
The Neighborhood Services Division is responsible f or ensuring that the housing rehabilitation contrac ts
are awarded to the lowest responsive bidder, as a r esult of a formal bid process. Therefore, an in-house
policy was created to limit awards to the lowest re sponsive bidder as it relates to the Division’s
professional in-house estimate. This serves to disqualify unreasona bly low bids and therefore protect
against the resulting change order requests.
Mr. Bowers is a City employee that has applied for assistance through the City’s Housing Rehabilitation
Programs. Mr. Bowers has been qualified for eligibi lity through the same process applicable to all
applicants and will receive the same benefits avail able to all eligible applicants under the City
program. A letter was received from HUD dated Septe mber 30, 2011 approving the Wavier of
Employee Conflict of Interest for Mr. Bowers. The Palm Beach County Commission on Ethics issued
an opinion on a similar matter dated July 25, 2011 which allowed employee participation in the County
NSP program as outlined in the attached letter. The City also placed an advertisement of Notice of
Employee Participation in the August 6, 2011, Palm Beach Post.
FUNDING SOURCE
Community Development Block Grant
118 -1963 -554 -49.19 $ 23,746.81
Residential Construction Mitigation Program 118 -1936 -554 -49.19 $ 5,092.50
RECOMMENDATION
Staff recommends re-awarding one (1) Housing Rehabilitation grant award (s) to the second lowest
responsive bidder in the amount of $28,839.31.
BID/QUOTE #: 13-2011NS
APPLICANT:
PROJECT ADDRESS:
DATE OF BID LETTERS: April 26, 2011
DATE OF BID OPENING: May 23, 2011
GENERAL CONTRACTORS BID AMOUNT BID BOND
Abisset Corporation
All Phase Roofing 29,670.00 $ Yes
All-Site Construction, Inc.
ARZ Builders, Inc.28,270.00 $
Built Solid Construction, LLC 26,615.00 $ Yes
Citywide Construction Services, Inc.
CJ Contracting, LLC 31,276.00 $ Yes
Cordoba Construction Co.
Jemstone Construction Group, Inc.
JIJ Construction Corp.
KM Construction Inc.
MacDonald Construction Company of Palm Beach
Raymond Graeve & Sons Construction, Inc.25,920.00 $ Yes
South Florida Construction Services, Inc.27,105.00 $ Yes
Sunband Builders Construction Inc.
In-House Estimate:24,996.55 $
RECOMMENDED CONTRACTOR: Built Solid Construction, LL C.
BID/CONTRACT AMOUNT :26,615.00 $
5% Contingency 1,330.75 $
27,945.75 $
Lead Inspection N/A
Lead Clearance N/A
Termite Inspection N/A
Termite Treatment 855.36
Recording Fees 38.20
GRANT CONTRACT AMOUNT 28,839.31
FUNDING SOURCE:Community Development Block Grant (CDB G)
Account #118-1963-554-49.19$23,746.81
118-1936-554-49.19$5,092.50
COMMENTS:Staff recommends awarding one (1) Housing Reha bilitation project to be awarded to
the lowest responsive bidder.
CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION
HOUSING REHABILITATION PROGRAM
BID INFORMATION SHEET
Richard Bowers
316 NW 6th Avenue
Residential Construction Mitigation Program (RCMP)
BID /QUOTE NUMBER:13-2011NS
OWNER:
ADDRESS: 316 NW 6th Avenue
BID ADVERTISEMENT DATE:April 26, 2011
BID OPENING DATE:May 23, 2011
Richard Bowers
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1 Replace Soffit and Fascia 92.30 $ 170.00 $ 250.00 $ 150.00 $ 288.00 $ 175.00 $ 155.00 $
2 House Numbers 50.00 $ 40.00 $ 50.00 $ 85.00 $ 22.00 $ 30.00 $ 90.00 $
3 Hurricane Shutters 2,450.00 $ 3,250.00 $ 3,850.00 $ 3,500.00 $ 3,000.00 $ 3,300.00 $ 2,940.00 $
4 Install Exterior Door 1,450.00 $ 1,200.00 $ 2,750.00 $ 1,350.00 $ 1,300.00 $ 1,050.00 $ 1,320.00 $
5 Paint House Complete 1,925.25 $ 2,120.00 $ 1,950.00 $ 1,860.00 $ 3,800.00 $ 2,100.00 $ 2,210.00 $
6 Remove Replace Decorative Trim 475.00 $ 400.00 $ 750.00 $ 465.00 $ 388.00 $ 350.00 $ 215.00 $
7 Repair All Windows 770.00 $ 910.00 $ 850.00 $ 940.00 $ 650.00 $ 575.00 $ 450.00 $
8 Repair Post Trim 85.00 $ 210.00 $ 300.00 $ 475.00 $ 400.00 $ 220.00 $ 90.00 $
9 Install Base Trim 135.00 $ 780.00 $ 350.00 $ 785.00 $ 1,000.00 $ 575.00 $ 120.00 $
10 Install Cabinets and Counter Top 6,600.00 $ 5,850.00 $ 5,000.00 $ 4,375.00 $ 3,900.00 $ 5,100.00 $ 7,400.00 $
11 Install Carpet 1,376.00 $ 1,560.00 $ 1,875.00 $ 1,800.00 $ 1,800.00 $ 1,925.00 $ 2,850.00 $
12 Install Ceramic Floor Tile 1,417.50 $ 3,500.00 $ 1,100.00 $ 1,600.00 $ 2,000.00 $ 2,100.00 $ 1,580.00 $
13 Install Interior Door 400.00 $ 325.00 $ 900.00 $ 295.00 $ 250.00 $ 300.00 $ 430.00 $
14 Paint Interior Complete 1,912.50 $ 2,300.00 $ 2,200.00 $ 1,875.00 $ 5,000.00 $ 2,375.00 $ 1,975.00 $
15 Repair Drywall 736.00 $ 300.00 $ 400.00 $ 665.00 $ 700.00 $ 325.00 $ 300.00 $
16 Install Vanity w/Sink 1,050.00 $ 1,560.00 $ 1,060.00 $ 1,275.00 $ 1,600.00 $ 1,025.00 $ 1,430.00 $
17 Install Water Heater 675.00 $ 600.00 $ 1,200.00 $ 695.00 $ 800.00 $ 675.00 $ 545.00 $
18 Repair Toilet 190.00 $ 400.00 $ 250.00 $ 200.00 $ 400.00 $ 225.00 $ 420.00 $
19 Install Exterior Light Fixture 230.00 $ 200.00 $ 175.00 $ 175.00 $ 210.00 $ 200.00 $ 85.00 $
20 Repair Ele. Service 1,350.00 $ 1,430.00 $ 750.00 $ 1,600.00 $ 1,100.00 $ 1,800.00 $ 1,130.00 $
21 Repair Kitchen Overhead Lighting 475.00 $ 615.00 $ 450.00 $ 785.00 $ 700.00 $ 395.00 $ 280.00 $
22 Replace Exhaust Fan 322.00 $ 585.00 $ 260.00 $ 550.00 $ 800.00 $ 240.00 $ 290.00 $
23 Smoke Detectors 600.00 $ 975.00 $ 650.00 $ 650.00 $ 800.00 $ 725.00 $ 690.00 $
24 Install Rangehood 230.00 $ 390.00 $ 900.00 $ 465.00 $ 368.00 $ 135.00 $ 110.00 $
TOTAL 24,996.55 $ -$ 29,670.00 $ -$ 28,270.00 $ 26,615.00 $ 31,276.00 $ 25,920.00 $ 27,105.00 $ -$
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:November 8, 2011
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
LANDSCAPE MAINTENANCE AGREEMENT/921 SOUTH OCEAN BOULEVARD , LLC.
ITEM BEFORE COMMISSION
The item before the Commission is for the approval of the Landscape Maintenance Agreement, between
the City and owner of the parcel, providing for the installation of new shrubs and groundcovers within
the unpaved right-of-way in front of the property a ddressed as 921 S. Ocean Boulevard.
BACKGROUND
The owner of the property is constructing a new sin gle-family residence. They are requesting approval
of the required Landscape Maintenance Agreement, wh ich states that the owner is responsible for
purchasing and installing all plant, tree, hedge or grass material or any other material as required b y the
Owner’s approved landscape plan. The landscape plan provi des for two layers of shrubs and
groundcovers within the A1A/Ocean unpaved right-of-way. The proposed plantings consist of
Confederate Jasmine (groundcover) in front with Gre en Island Ficus (shrub) in the rear of these
plantings. These plantings are required to be main tained below 36 inches. The owner’s agent has
provided documentation of permits being submitted t o FDOT for both the landscape materials and
irrigation within the FDOT’s right-of-way associated with the construction of this new si ngle family
home.
RECOMMENDATION
Staff recommends approval of the Landscape Maintena nce Agreement between the owner and the City
for landscape improvements approved as a part of th e landscape plan for the property addressed as 921
S. Ocean Boulevard
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
LICENSE AGREEMENT/ZGS DELRAY, LLC
ITEM BEFORE COMMISSION
Approval of a License Agreement for use of public p arking spaces adjacent to N.E. 3 rd Avenue for a
limited period of time.
BACKGROUND
The Kanner & Pintaluga (K&P) law firm is relocating to the Astor Development (NE corner of
Pineapple Grove Way and NE 1 st Street). When the Astor was constructed there were extra spaces
constructed for public parking (25) along the west side of N.E. 3 rd Avenue adjacent to the Astor
building. K&P has requested the exclusive use of th e 25 parking spaces between the hours of 8 a.m. and
5 p.m. Monday through Friday. K&P has indicated the need for these spaces due to the large number of
employees (minimum of 70) located at this office. K &P has agreed that if it does not maintain a certai n
number of employees at this office then the City ma y reduce the number of parking spaces provided for
in this Agreement. The Agreement provides that K&P may transfer this Agreement to other entities,
who would also be bound by the terms of this Agreem ent.
These parking spaces are currently hardly used at a ll during the working day. Making them available t o
K&P will facilitate bringing 70 higher paying offic e jobs to Pineapple Grove.
RECOMMENDATION
Commission discretion
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Linda Karch, Director of Parks and Recreation
Alberta Gaum-Rickard, Recreation Superintendent
THROUGH:David T. Harden, City Manager
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
REQUEST TO INSTALL BUS SHELTER ART/PUBLIC ART ADVISORY BOAR D
ITEM BEFORE COMMISSION
This item before Commission is a request for approv al to install art work created by middle school
students in three bus shelters. The three location s include: 1) Carver Middle School, at the intersec tion
of Barwick and West Atlantic; 2) NE 1st Street, in the 200 Block; and 3) Linton Boulevard, east of
Military Trail on the south side.
BACKGROUND
As part of the Carver City Government Water Conserv ation Poster Contest, students submitted art
depicting ways to save water to the Public Art Advi sory Board (PAAB). The posters created for this
contest will be displayed as transparent art on the glass panels of three bus shelters. The PAAB chose
six art pieces to be installed in the bus shelters listed above. The Art Board recommended installing 2
posters per shelter, as depicted in the attachment. The posters would not be a full glass panel as
previously done but reduced in size maximizing the visual impact. Also, the PAAB feels two posters
per shelter will not only beautify the shelters, it will also reinforce the important message.
The cost to reproduce each art piece is estimated t o be $800.00 for a total of $4,800.00.
FUNDING SOURCE
Funding is available from the Public Art Fund Accou nt # 115-1702-579-31.90.
RECOMMENDATION
Staff recommends approval.
Carver Middle School Bus Shelter Art
two artworks per shelter
Layout Options
1.Two on back panels OR, One on back panel and one on side panel
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Chevelle D. Nubin, City Clerk
THROUGH:David T. Harden, City Manager
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEME NT
ITEM BEFORE COMMISSION
The item before the Commission is consideration and approval of a Vote Processing Equipment Use
and Elections Services Agreement with the Palm Beac h County Supervisor of Elections.
BACKGROUND
The attached agreement details and allocates the du ties, responsibilities and fees associated with
conducting municipal elections. Exhibits A and B, r espectively, outline examples of municipal election
costs, some to be allocated on a pro-rated basis with other municipalities holding elect ions on the same
date, and examples of total costs for small, medium and large municipalities.
The City of Delray Beach’s Municipal Election is scheduled for Tuesday March 13, 2012. The
agreement provides for an effective date of January 1, 2012 with a one-year term which would cover the
municipal election and runoff election, if necessar y, and any special elections.
The agreement has been reviewed by the City Attorn ey for legal sufficiency.
RECOMMENDATION
Staff recommends approval.
1
AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SE RVICES
BY AND BETWEEN
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE “INSE RT
MUNICIPALITY NAME”
THIS AGREEMENT , is made and entered into this day of _________, 201 __, effective
January 1, 201 2 , by and between the Palm Beach County Supervisor of Electi ons, an elected county
officer pursuant to Article VIII, Sec.1(d) of the Florida Constitution , hereinafter referred to as the “SOE ”,
and the _ _[insert name of municipality ]___________ , a municipal corporation, chartered and organized
in accordance with the laws of the State of Florida, hereinafter referr ed to as the “Municipality”.
WITNESSETH:
WHEREAS , Chapters 97 to 106, Florida Statutes , constitute the Florida Election Code (the
“Code”) which applies to municipalities where expressly so stated; an d
WHEREAS , Sec 100.3605, Florida Statutes , states that “[T]he Florida Election Code, chapters
97-106 shall govern the conduct of a municipality’s election in the absence of an applicable special act,
charter, or ordinance provision”; and
WHEREAS , the Municipality and the SOE desire to work together to provid e for municipal
elections and to allocate certain responsibilities and exp enses between the two parties to ensure that the
provisions of the Code are followed during municipal elections; and
WHEREAS , the SOE and the Municipality wish to enter into this Agreeme nt to set out the terms
of this coordinated program.
NOW, THEREFORE , in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality,
its constituents and the SOE, it is agreed as follows:
1. PURPOSE:
The purpose of this Agreement is to set forth the terms and conditions under which services will
be provided by the SOE and staff to the Municipality for munic ipal elections and to set forth the
responsibilities of both parties so that there is a clear understanding of the rights and
responsibilities of all parties. Such rights and responsibilit ies shall apply to the General, Run-Off,
Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise
stated hereinbelow.
2. DATE OF GENERAL MUNICIPAL ELECTION :
The date of [ Name of Municipality’s ] General Municipal election is _____________________.
It is hereby acknowledged and agreed that if the date listed is the same as most other
municipalities in March or November, there will be a cost sharing among municipalities for
costs incurred by the SOE. Such costs shall be allocated on a pro-rata share basis; otherwise,
2
it is hereby acknowledged and agreed upon by the municipality that it i s responsible for all costs of the
election, incurred by the office of the SOE.
3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY :
The SOE hereby agrees not to charge Municipalities for t axpayer purchased equipment and
supplies; (i.e. voting machines, tables, chairs, etc.) and a ssociated maintenance and contract fees
related to such equipment in return for which the Municipal ity hereby agrees not to charge the
SOE for polling places within its dominion and control. Example s of municipal elections charges
related to certain services performed by the SOE to be pa ssed through to the Municipality on a
shared pro rata basis for all municipalities holding elec tions on a general election day (i.e. 2 nd
Tuesday in March or November) are attached hereto as Exhibit A; Examples of total costs to
small, medium and large municipalities are attached hereto as Exhibit B.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR
MUNICIPAL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly call and advertise the election according to statut es and charter at its
own expense.
(b) Issue a resolution or ordinance to the SOE requesting tha t the Supervisor of Elections
conduct the municipality’s election and act as a name the member (s) of the
Municipality’s Canvassing Board , which may or may not include the SOE .
(c) Certify that the registered voter information provided by the SOE to the municipali ty
reflects the proper boundaries of the city and notify the SOE of any change s.
(2) SOE
(a) Publish legal notices for Logic & Accuracy testing, absent ee ballot canvass, Post
Election Audit and news releases on book closing.
B. Qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates and accept and proces s all qualifying papers
and fees.
(b) Collect Name and Pronunciation Guides from the candidates at the ti me of qualifying
and submit to SOE.
(c) Respond to all candidate inquiries and questions.
(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
(2) SOE
(a) Verify signatures on any qualifying petitions submitted by ca ndidates and notify the
Municipality of such results upon the close of the candidate qualifyi ng deadline.
3
C. Ballots
(1) Municipality
(a) Review, amend (if necessary) and approve ballot proof prepar ed by SOE.
(b) Place an order with the SOE for a sufficient quantity of ball ots as applicable.
(c) Pay ballot design costs to the SOE as incurred.
(d) Pay the ballot printer directly for the cost of said ballots .
(e) Reimburse the SOE for costs incurred for translation and audio rec ording of ballot.
(f) Reimburse SOE for preparation of Absentee Ballot, Edge layout a nd Sample Ballot.
(2) SOE
(a) Layout, check, proof and delivery ballot layout to the printe r.
(b) Receive, securely store and account for all ballots until dis bursed to polling places.
(c) Contract to have audio recorded for Touch Screen ballot.
(d) Control all access to unvoted ballots while in the possession of the S OE.
D. Equipment Testing
(1) Municipality
(a) Provide that a representative will be present during the Logic and Accuracy
testing as noticed by SOE.
(2) SOE
(a) Develop a unique test script and manually mark ballots to be used in public Logic &
Accuracy test.
(b) Conduct public Logic & Accuracy test.
E. Early Voting – Optional
(1) Municipality
(a) Reimburse the SOE for staff overtime hours due to weekend and/or eve ning hours
for Early Voting.
(b) Pay SOE for Early Voting supplies.
(c) Contract with, schedule and pay poll workers directly.
(d) Deliver voted ballots to SOE daily at a location designated by SOE.
(e) Designate Early Voting sites thirty (30) days prior to eac h Election and notify SOE
in writing of locations.
(2) SOE
(a) Prepare and provide all supplies needed for each Early Voting sit e.
(b) Provide the Municipality with a list of poll workers.
(c) Train poll workers.
(d) Provide staffing to accept voted ballots daily at a location de signated by SOE.
4
F. Absentee Voting
(1) Municipality
(a) Reimburse SOE for all postage costs incurred at the current p ostal rate.
(b) Pay SOE for materials and handling of each absentee ballot.
(c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot
certificates.
(d) Refer all requests for absentee ballots to SOE.
(2) SOE
(a) Determine eligibility and compile Absentee Ballot file.
(b) Accept all requests for Absentee Ballots by telephone, mai l or in person.
(c) Prepare and mail Absentee Ballots.
(d) Deliver Absentee Ballots to the Post Office.
(e) Receive voted Absentee Ballots.
(f) Verify signatures on returned voted Absentee Ballot certi ficates.
(g) Prepare and open Absentee Ballots for tabulation.
(h) Account for all Absentee Ballots.
(i) Notify Absentee Ballot voter and provisional voters of the dis position of the
Canvassing Board as required by law.
(j) Record Absentee Ballot returns to voter history.
(k) Conduct public testing of Logic and Accuracy for Absentee Ba llot tabulating
equipment.
(l) Provide qualified staff to operate tabulation equipment to count Abs entee Ballots.
G. Polling Places
(1) Municipality
(a) Arrange for the use of an adequate number of polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify SOE in writing thirty (30) days prior to election of the need for tables and
chairs if necessary.
(d) Notify SOE of polling locations to be used.
(e) Notify the SOE not less than 30 days prior to the election that a polling place will be
moved to another site.
(f) Notify voters, as required by law, if their regular polling place is to be temporarily
relocated.
(2) SOE
(a) Provide the Municipality with a list of polling places and SO E contract.
(b) Provide tables and chairs upon written notice from the Municipalit y when required.
(c) Provide polling place supplies, i.e. signs, cones, etc.
(d) Notify voters and the Municipality of permanent polling place change(s).
5
H. Precinct Supplies
(1) Municipality
(a) Pay SOE for precinct supplies provided.
(b) Provide a secure place for precinct clerks to return suppl ies and voted ballots on
election night.
(c) Pay SOE for the production of Precinct Registers.
(d) Pay directly to the SOE’s contracted moving company to have voting equi pment
delivered and picked up from polling place no later than the day befo re the election and
returned after the election.
(2) SOE
(a) Provide Precinct Registers for each polling place locat ion.
(b) Provide Master CD compilation of registered voters for preci nct advisors.
(c) Provide certification of registered voters after book closi ng.
(d) Prepare equipment, cabinets and routing of voting equipment delivery.
(e) Provide laptop computer at each polling place.
(f) Provide CD of voter file database for each polling place.
(g) Provide poll worker Clerks with cell phones.
(h) Provide Provisional Ballot envelopes and affidavit forms for e ach polling place.
(i) Provide secrecy sleeves in a number and amount appropriate for each polling place.
I. Poll Workers
(1) Municipality
(a) Contact, contract with and pay poll workers directly (using only poll workers who are
current and on the SOE list, or individuals who have successfully complet ed required
training).
(b) Schedule and notify poll workers of training classes.
(c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to
training locations.
(d) Reimburse SOE for expenses incurred in printing training mater ial.
(e) Reimburse SOE for expenses incurred for trainers to train po ll workers.
(f) Reimburse SOE for expenses incurred for contracted training l ocations.
(2) SOE
(a) Provide the Municipality with a list of current poll workers.
(b) Develop poll worker training schedule.
(c) Plan and contract for training classes and locations.
(d) Contract with and pay trainers to train poll workers.
(e) Provide printed training materials for poll workers.
J. Election Day Support
(1) Municipality
6
(a) Verify that all polling places are available to poll wo rkers no later than 6:00 a.m. and
open for voting promptly at 7:00 a.m. on Election Day.
(b) Ensure that all polling places remain open until 7:00 p.m. or until al l voters who are
in line to vote at 7:00 p.m. have completed voting.
(c) Reimburse SOE for all phone bank costs.
(2) SOE
(a) Assist in finding poll worker replacements if needed.
(b) Provide technical support personnel as needed.
(c) Provide phone bank support to respond to poll workers and voters on El ection Day.
K. Ballot Tabulation/Counting of Election Results
(1) Municipality
(a) Deliver all voted ballots and other necessary election related items to a place
designated by the SOE after the polling places have closed on Election Da y.
(b) Deliver all voting machine cartridges to a place designated by the SOE after the
polling places have closed on Election Day.
(c) Reimburse the SOE for any staff overtime and other expenses in r elation to the
tabulation and processing of ballots on Election Day.
(d) Act as member of Canvassing Board.
(2) SOE
(a) Provide technical staff and required equipment to administer tab ulation and election
results.
(b) Assist and act , or appoint a designee to assist and act on the SOE’s behalf, as a
member of the Municipality’s Canvassing Board if desired by the municipality or act as a
member of the County Canvassing Board if it canvasses the municipality ’s election if
allowed by law .
(c) Post election results on SOE WEB site and provide the same to Channe l 20.
(d) Provide the Municipal Clerk with unofficial election results u pon conclusion of
tabulation and canvassing of ballots cast on Election Day.
L. Post Election Day
(1) Municipality
(2) SOE
(a) Provide the Municipal Clerk with an official certification of election results.
(b) Store all necessary election records and ballots until t he expiration of retention
period prescribed by statutes.
(c) Process polling place affirmation forms.
(d) Sort, inventory, pack and store all election materials for rete ntion and disposition.
(e) Notify voters of the disposition of their Absentee or Provi sional Ballots after the
determination by the Canvassing Board, as required by law.
(f) Respond to public records requests regarding records kept on behalf of the
Municipality.
7
(g) Record voting history for each voter who voted on Election Day.
M. Audit
(1) Municipality
(a) Provide that the Municipal Clerk will be responsible for the administration of the
audit.
(b) Reimburse SOE for any staff over time or other related expenses as may result from
conducting the manual audit.
(2) SOE
(a) Organize precinct information to allow the Municipal Cle rk to randomly select the
race and precinct(s) that shall be audited.
(b) Organize and prepare ballots for manual audit.
(c) Provide SOE staff to conduct manual audit.
(d) Ascertain and publically post manual audit result to SOE WE B site.
N. Recount
(1) Municipality
(a) Provide that the Municipal Clerk will be responsible fo r the administration of the
Recount, with support and guidance from the SOE.
(b) Act as a member of the Canvassing Board.
(c) Notify the candidates of the time and date of the Recount.
(d) Post public notice(s) of the Recount with the time and location.
(e) Cause to have the Recount recorded and minutes kept and approved by t he
Canvassing Board.
(f) Review with the Canvassing Board and the counting teams the statute s and rules of
the Division of Elections, specifically Rule 1S-2.031. Recount Procedures; and Rule 1S-
2.027. Standards for Determining Voter’s Choice on a Ballot.
(g) Reimburse the SOE for all staff salaries/overtime, faci lity and other expenses
required to conduct the Recount.
(2) SOE
(a) Post public notice(s) of the Recount with the tine and location.
(b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues .
(c) Provide counting teams for examining out stacked ballots.
(d) Prepare and organize ballots for Recount processing.
(e) Tabulate ballots and provide professional staff for equ ipment operations.
(f) Provide official certification as determined by the Canvassi ng Board.
5. INDEMNITY:
Each party to this agreement shall be liable for its own a ctions and negligence. To the extent
permitted by law, the Municipality shall indemnify, defend an d hold harmless SOE against any
actions, claims or damages arising out of the Municipality’s neg ligence in connection with
8
performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the
Municipality against any actions, claims or damages arising out of the negligence of SOE in
connection with this Agreement its performance under this Agreement . The foregoing
indemnification shall not constitute a waiver of sovereign immuni ty beyond the limits set forth at
Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend bey ond
$100,000 for any one person or beyond $200,000 for any judgment which, when tota led with all
other judgments, arises out of the same incident or occurrence. These provisions shall not be
construed to constitute agreement by either party to indemnify the other for such other’s
negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate,
between the Municipality and the SOE relating to a municipal e lection governed by this
Agreement, or otherwise in connection with the interpretation or ap plication of this Agreement,
the prevailing party shall be entitled to recover its rea sonable attorneys’ fees and costs from the
non-prevailing party. Notwithstanding the above, the municipality shall defend leg al challenges
relating to its municipal election and shall be fully responsib le for all legal costs for such defense
of the Municipality and the SOE. The municipality shall be r esponsible for damages, if any,
assessed by virtue of such lawsuit, up to the monetary limi ts provided for hereinabove without
recourse to the SOE.
6. TERM:
This Agreement shall begin on the effective date January 1, 20 1 2 and continue for a term of one
year in order to cover Special Elections, if any , and may be modified by mutual agreement of the
parties. Any proposed changes to this Agreement shall be p rovided to the municipalities no later
than August 1 of the applicable year, or as soon as practicabl e.. It shall be automatically renewed
in ac cordance with the same terms and conditions as set forth herein upon the adoption of a
Resolution by the Municipality requesting the SOE to conduct t he mun i cipa l ity ’s election for the
applicable year or may be modified by mutual agreement of the parties .
7. CHANGE IN LAW:
In the event any change in law abrogates or modifies any provisions or appli cations of this
Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts
to reach a mutually acceptable modification of this Agreement..
8. NOTICES:
All formal notices affecting the provisions of this Agreement may be delivered in person or be
sent by facsimilie, registered mail, or by a recognized overnight c ourier such as FedEx, to the
individual designated below, until such time as either party furni shes the other party written
instructions to contact another individual.
For the SOE: For the Municipality:
Supervisor of Elections Name
240 S. Military Trail Street Address
West Palm Beach, Florida 33415 Municipality, FL
Attention: Susan Bucher Attention: Manager
9. SEVERABILITY:
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
invalid or unenforceable for any cause or reason, or is abroga ted or negated by a change in law,
9
the same shall be eliminated from this Agreement, and the rem aining portion of this Agreement
shall be in hill force and effect and be valid as if such inva lid portions thereof had not been
incorporated herein.
10. NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final agreement between the parties. No representations other than those
set forth herein shall be binding upon the parties. No modification of this agreement shall be
effective unless submitted in writing and signed by both parties, or their duly authorized
representatives.
IN WITNESS WHEREOF , the parties hereto have entered into this Agreement effecti ve January 1,
201 0 2 .
As to the SOE:
WITNESSES: SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY
_______________________
_______________________ ______________________________
Susan Bucher
Date: __________________________
As to the MUNCIPALITY:
ATTEST: INSERT NAME OF MUNICIPALITY
__________________________ _________________________________
__________, Municipal Clerk _____________________, Mayor
(Affix Municipal Seal) Date: ____________________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 7, 2011
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
RESOLUTION NO. 52 -11
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on 12 propertie s
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens agains t
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 52-11.
RESOLUTION NO. 52-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF T HE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT A ND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LE VY
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, declared the existence of a nuisance upon certain lots or
parcels of land, described in the list attached her eto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his d esignated 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 furn ish the respective owner(s) of the land(s)
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the nat ure of the nuisance(s) and sent notice that
within seven (7) 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 ab ate said nuisance, or file a written request for a
hearing to review the decision that a nuisance exis ted within five (5) days from the date of delivery
of said notice, failing which the City of Delray Be ach would proceed to correct this condition by
abating such nuisance, and that the cost thereof wo uld be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached h ereto and made a part
hereof did fail and neglect to abate the nuisance(s) existin g upon their respective lands or to properly
request a hearing pursuant to Section 100.21 and 10 0.22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, o r if the property owner(s) did request and
receive a hearing, said property owner(s) failed and/or neg lected to abate such nuisance(s) within the
time designated at the hearing wherein a decision w as rendered adverse to the property owner(s);
and,
2
Res. No. 52-11
WHEREAS, the City of Delray Beach, through the City Adminis tration or such
agents or contractors hired by the City Administrat ion 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 no tice; 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 nuisan ce(s) as aforesaid, said report indicating the cost s
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, p ursuant to Chapter
100 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 COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as sho wn 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 describe d in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied aga inst the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said asses sments 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 b inding obligations upon
the property against which said assessments are levied.
Section 3 . That the City Clerk of the City of Delray Beach i s 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) t hat the City Commission of the City of Delray
Beach at the November 15, 2011 meeting has levied an assessment against said prop erty 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 L ien shall be mailed, along with the Notice of
Assessment and this resolution.
Section 4. That this resolution shall become effective thirt y (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 assess ment(s), after which a lien shall be placed on said
3
Res. No. 52-11
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 in cluding a reasonable attorney's fee.
Section 5. That in the event that payment has not been recei ved by the City Clerk
within thirty (30) days after the mailing date of t he notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolut ion 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 shal l secure the cost of abatement, interest at the
rate of 8%, and collection costs including a reasonable att orney's fee.
PASSED AND ADOPTED in regular session on this 15 th day of November, 2011.
________________________________________
M A Y O R
ATTEST:
____________________________________
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTIONOWNER
413 SW 15TH AVENUE
CARVER PARK, LOT 10 BLOCK 3
PCN 12 43 46 17 41 003 0100
CASE NO. NA11-17808
Lizzie McDowell
413 SW 15th Avenue
Delray Beach, FL 33444 125.15 $ Inv. No. 37235
55.00 $ Admin Fee
180.15 $
935 EVE STREET
TROPIC ISLE LOT 21
PCN 12 43 46 20 01 000 0210
CASE NO. NA11-17445
Andy P. Barros
935 Eve Street
Delray Beach, FL 33483 79.85 $ Inv. No. 37251
55.00 $ Admin Fee
134.85 $
1ST VAC LOT WEST OF 4928 JEFFERSON
COUNTRY CLUB ACRES 2ND ADD
LOT 68 & 69
PCN 12 42 46 13 03 000 0680
CASE NO. NA11-18599
Arturo & Marta I. Gutierrez
3621 NW 108th Drive
Coral Springs, FL 33065 97.10 $ Inv. No. 37238
55.00 $ Admin Fee
152.10 $
307 NW 12TH AVENUE
POINCIANA HGTS OF DELRAY BEACH LOT 31
PCN 12 43 46 17 40 000 0310
CASE NO. NA11-18807
Jerome Jackson
307 NW 12th Avenue
Delray Beach, FL 33444 57.80 $ Inv. No. 37242
55.00 $ Admin Fee
112.80 $
238 SW 6TH AVENUE
TOWN OF DELRAY
LOT 32 & 33 BLOCK 15
PCN 12 43 46 16 01 015 0320
CASE NO. NA11-17123
Advantage Plus Mortgage, Inc.
% Willier Garcon
10204 Breeze Way Place
Boca Raton, FL 33428 122.80 $ Inv. No. 37241
55.00 $ Admin Fee
177.80 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
RES NO. 52-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
41 SW 7TH AVENUE
TOWN OF DELRAY
S 55 FT OF N 540 FT OF W 135 FT OF
BLOCK 13
PCN 12 43 46 16 01 013 0070
CASE NO. NA11-15611
James Gross
3646 Blue Dawn Drive
North Las Vegas, NV 89032 127.50 $ Inv. No. 37240
55.00 $ Admin Fee
182.50 $
582 NW 51ST AVENUE
PINE TRAIL SEC 4
LOT 10 (LESS NLY 41.28 FT) BLOCK 10
PCN 12 42 46 12 12 010 0102
CASE NO. NA11-17937
Marie E. Mondesir & Camy Cean
582 NW 51st Avenue
Delray Beach, FL 33445 190.85 $ Inv. No. 37250
55.00 $ Admin Fee
245.85 $
525 NW 46TH AVENUE
PINE TRAIL SECT 1
N 1/2 OF LOT 3 BLOCK 3
PCN 12 42 46 12 07 003 0031
CASE NO. NA11-18220
Eldert Boerckel Est.
525 NW 46th Avenue
Delray Beach, FL 33445 155.45 $ Inv. No. 37249
55.00 $ Admin Fee
210.45 $
712 AVENUE CHAUMONT
CHATELAINE NO. 1
LOT 10 BLOCK 5
PCN 12 42 46 12 03 005 0100
CASE NO. NA11-17590
US Bank National Assocation
% America's Servicing Co
3476 Stateview Blvd.
Fort Mill, SC 29715 97.80 $ Inv. No. 37248
55.00 $ Admin Fee
152.80 $
14591 BARWICK ROAD
HIGHLAND TRAILER PARK LOT 19
PCN 12 42 46 13 04 000 0190
CASE NO. NA11-17682
Clarence & Hayley Silverman
7840 Oakmont Drive
Lake Worth, FL 33467 145.25 $ Inv. No. 37247
55.00 $ Admin Fee
200.25 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
2 RES NO. 52-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
107 NW 10TH AVENUE
WEST SIDE HEIGHTS DELRAY
LOT 11 BLOCK A
PCN 12 43 46 17 26 001 0110
CASE NO. NA11-17897
Jani E. Wagner
107 NW 10th Avenue
Delray Beach, FL 33444 165.80 $ Inv. No. 37246
55.00 $ Admin Fee
220.80 $
1316 LEE STREET
JEFFERSON MANOR LOT 22
PCN 12 43 46 17 24 000 0220
James J. & Chondra Washington
14913 104th Street
Live Oak, FL 32060 91.75 $ Inv. No. 37245
55.00 $ Admin Fee
146.75 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
3 RES NO. 52-11.xls
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:November 8, 2011
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
SPECIAL EVENT REQUEST/14TH ANNUAL FIRST NIGHT 2012
ITEM BEFORE COMMISSION
City Commission is requested to endorse the 14 th Annual First Night event to be held on December 31 ,
2011 from 4:00 p.m. to midnight, to grant a tempora ry use permit per LDR’s Section 2.4.6(F) for the
use of City rights-of-way and facilities as request ed and to authorize staff support as requested.
BACKGROUND
First Night is a City sponsored non-alcoholic event featuring local artists and enterta iners. The event
procession will begin this year in the 600 block of Atlantic Avenue and proceed to the Tennis
Center. Children's activities again will be focused in and around the Tennis Facilities with the child ren’s
finale being held in the stadium. Button prices for this year’s event again will be $10, or $15 on the day
of the event 12/31/11.
I have attached a copy of the event permit, site pl an, budget, economic calculator and other required
information. Certificates of Insurance have been ob tained through Risk Management for the use of Old
School Square and the Court House Parking Garage. T he estimated overtime costs for this event are
$40,000 and barricade rental costs are $2,000. This is a City sponsored event. Per our event policies and
procedures, there are no charges for City services; however, per the budget, First Night will pay the
General Fund $12,000 for City overtime. Barricade r ental will be paid from the First Night budget, as
well as portable lighting $3,000 and portalets $1,4 00.
Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set
up and removal, banner hanging, signage constructio n and installation and EMS services.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit per LDR’s Section
2.4.6(F) for use of City rights-of-way and facilities as per the site plan and approva l of staff support as
requested.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:November 4, 2011
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
SPECIAL EVENT REQUEST/SAVOR THE AVENUE
ITEM BEFORE COMMISSION
Commission is requested to consider approval of a s pecial event permit for Savor the Avenue, proposed
to be held on March 29, 2012 from 5:30 p.m. to 8:30 p.m., sponsored by Boca Raton and Delray Beach
Magazine and supported by the Downtown Development Authority. Commission is also requested to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from
Swinton to the west side of NE/SE 5 th Avenue from 2:00 p.m. until 10:00 p.m., and to pro vide staff
assistance for traffic control and security, EMS as sistance and Fire inspection, barricading, banner
hanging, trash boxes and use of a City-owned portab le generator.
BACKGROUND
Attached are a special event permit, site plan, bud get and economic calculator for this event received
from Marjorie Ferrer on behalf of the event produce r. This will be a wine and food event to promote
economic development for downtown restaurants. The event sponsor will be responsible for event
management and coordination with restaurants, renta l and set up of tables and chairs on Atlantic
Avenue and cleanup. The individual restaurants will be responsible for table cloths, table settings an d
selling tickets. Banner hanging was requested for M arch 12, 2012. Per LDR’s, banners cannot be hung
until March 15, 2012.
The estimated overtime cost for this event is $3,00 0, trash boxes $40 and barricade rental is $150 for a
total cost of $3,190. The event producer is respons ible for paying 100% of all City costs per Special
Event Policies and Procedures.
RECOMMENDATION
Staff recommends approval of the event, temporary u se permit, and staff support as requested with the
following conditions:
1. Receipt of a Certificate of Event and Alcohol Liabi lity Insurance by 3/15/12.
2. Receipt of a Hold Harmless Agreement by 3/15/12.
3. Banner hanging approval to begin no sooner than 14 days prior to the event.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:November 10, 2011
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of October 31, 201 1 through November 11, 2011.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting of the Commission as
an appealed item.
REVIEW BY OTHERS
Site Plan Review and Appearance Board Meeting of No vember 9, 2011
A. Approved with conditions (5 to 0, Sig Hardester and Nick Sadowsky absent), a twenty-four month
extension (expiring December 14, 2013) of the Class V site plan, landscape plan and architectural
elevation plan for the House of Floors, located at the southeast corner of SW 10 th Street and SW
10 th Avenue.
B. Approved with conditions (4 to 0, Rustem Kupi stepp ed down), a Class V site plan, landscape plan
and architectural elevations associated with the de molition and acquisition of the adjacent hotel
properties to provide additional on-site parking and new outdoor seating and dining are as for
Boston’s Restaurant , located on the west side of South Ocean Boulevard , south of East Atlantic
Avenue (40 South Ocean Boulevard). Concurrently, th e Board approved the following waivers:
i.Approved a waiver to LDR Section 4.4.13(F)(1)(a), r equiring the minimum building height to be
twenty-five feet (25’) to allow a height of fourtee n feet (14’).
ii. Approved a waiver to LDR Section 4.6.9(D)(3)(b)(1), requiring the minimum drive aisle width to
be twenty-four feet (24’) to allow the southernmost drive aisle to be twenty-two feet (22’).
iii.Approved a waiver to LDR Section 4.6.9(D)(3)(c)(1), requiring the minimum stacking distance to
be fifty feet (50’) for fifty-one (51) or more park ing spaces to allow a stacking distance of twenty-
seven feet (27’).
C. Approved with conditions (5 to 0), a Class V site p lan, landscape plan and architectural plans
associated with the demolition of the Goodman Autom otive Care facility and construction of a 5,996 sq.
ft. multiple tenant retail building that includes a 3,599 sq. ft. pharmacy with a drive-thru lane, and two
retail bays consisting of 1,253 sq. ft. and 1,144 s q. ft. for Delray Community Pharmacy , located at the
southeast corner of Linton Boulevard and Congress A venue (1601 South Congress Avenue).
Historic Preservation Board Meeting of November 2, 2011
1. Approved (6 to 0, Annette Smith absent), a request for a Certificate of Appropriateness for the
installation of a new free standing sign for 138 North Swinton Avenue , within the Old School
Square Historic District
No other appealable items were considered by the Hi storic Preservation Board. The following item
which was considered by the Board will be forwarded to the City Commission for action:
2. Recommended approval (6 to 0), of Ordinance 43-11 t o amend Ordinance 70-89 which revises
“Section 1, Designation”, and “Section 2, Requireme nts of Designation” of Ordinance 70-89 to
amend the legal description and development restric tions of the historically designated Fontaine Fox
House, and an Amendment to LDR Section 4.5.1(K)(2), Designation of Historic Sites, to provide for
the revised legal description of the Fontaine Fox D esignation.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 8.O.1 - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
BID AWARD/MURRAY LOGAN CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission for approval/aut horization for the Mayor to sign an agreement with
Murray Logan Construction, Inc., in the amount of $16,992.00, for proposed drainage work on Lewis
Cove; Project #12-061.
BACKGROUND
The owner of 1001 Lewis Cove is in the process of b uilding a new house. The plans for this house call s
for a wall to be constructed along the south proper ty line. In 1993, the city obtained a six foot sto rm
drainage easement from 1002 Lewis Cove. There is an exisitng 15” drainage pipe in this
easement.While the owner of 1001 Lewis Cove was pre paring to construct the wall along the south
property line, it was discovered that the 15” drainage pipe actually crossed over the property li ne and
onto the property of 1001 Lewis Cove where there is no drainage easement. After some investigative
work was completed, it was discovered that approxim ately 30’ of the drainage pipe will have to be
relocated in order for the pipe to be within the dr ainage easement. Due to the urgency of this issue, staff
obtained three quotes to complete the pipe relocati on work.
Attached is a copy of the location map, drainage ea sement and quotes received.
FUNDING SOURCE
448-5461-538.46-90 (after transfer)
RECOMMENDATION
Staff recommends awarding this contract to Murray L ogan Construction.
FORGOT FOOTAGE OF PIPE
Good morning Rafael,
Our lump sum number for this project is $ 17,500.00.
Includes removal of +/ 30LF existing piping ( 15” or 18” )and tide flex & install +/- 30LF of
new piping in new location and install existing tide flex on new pipe.
Removal and if necessary replace of existing fencing.
Coring new hole in seawall and patch old hole.
Restore landscaping and paver bricks.
Work to be done during low tide.
Cleaning of existing remainder of pipe and structure in not included in the above price.
Any lay-out & as-builts are by others.
Bond, if required, is not included.
Thanks you,
THOM LARDIERE THOM LARDIERE THOM LARDIERE THOM LARDIERE
ESTIMATOR
JOHNSON-DAVIS, INC.
604 HILLBRATH DRIVE
LANTANA, FL. 33462
DIRECT: 561-275-7950
PHONE : 561-588-1170 Ext. 311
FAX : 561-585-5252
E-mail: thom@johnsondavis.com
Rafael: We are submitting a price of 18,815$ to rea lign the existing pipe in conflict. We have allowed for
30’ of new pipe. New chain link fence. Dewatering o f the pipe trench. An allowance of 1,500$ for
landscape and irrigation issues that may arise. Cor ing of the new penetration, grouting of the annular
space. Pipe disposal of the removed sections. We ha d to include new pipe but reuse of the pipes may be
an option. We have also included restoration, silt fence and turbidity barrier for the core drill acti vity. Lot’s
of unknowns…….Thanks for the opportunity.
Chris Rossi
Close Construction, LLC
301 NW 4th Avenue
Okeechobee, FL 34972
Office: 863.467.0831
Fax: 863.763.6337
From: Ballestero, Rafael [mailto:Ballestero@mydelraybeac h.com]
Sent: Friday, November 04, 2011 8:27 AM
To: David Logan (davidl@murraylogan.com); thom@johnson davis.com; danny@closeconstruction.us;
'Chris Rossi' (chrisrossi@closeconstructioninc.com)
Subject: FW: Lewis Cove Storm Drain Pipe Realignment
Gentlemen:
We were contacted by the property owner’s represent ative, to realign the entire 30’ of apparent pipe
encroachment. Please offer two prices; one as origi nally requested to realign the 10’-15’ of skewed pi pe,
and one to realign the 30’ of pipe. Due to this add itional request, please extend the date due for pri cing
until Monday.
Thanks,
Rafael C. Ballestero
Deputy Director of Construction
City of Delray Beach
(561) 243-7320
ballestero@mydelraybeach.com
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:November 7, 2011
SUBJECT:AGENDA ITEM 8.O.2 - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
PURCHASE AWARD/INTERCOUNTY ENGINEERING, INC.
ITEM BEFORE COMMISSION
Request to approve a blanket purchase order to Inte rcounty Engineering, Inc. in the amount of
$50,000.00 for Sanitary Sewer Manhole Rehabilitatio n utilizing contract pricing under an active
Broward County contract for “Lift Station Rehabilit ation”, Contract #Y608187B1.
BACKGROUND
The Public Utilities Department requested funding f or the annual sanitary sewer manhole rehabilitation
program. This award will allow continuation of the annual rehabilitation program, concentrating on
structures showing the most deterioration. Staff ha s identified manhole structures in the southwest an d
northwest areas for this year’s program.
Intercounty Engineering, Inc. has an active contrac t with Broward County for “Lift Station
Rehabilitation” which includes line items for manho le rehabilitation; Bid Item No.’s 4.17 thru 4.20,
page 31 of the contract. This contract is active through January 22, 2012.
Intercounty Engineering, Inc. has a good performanc e history on current and previously completed City
projects.
Upon City Commission approval, Intercounty Engineer ing, Inc. shall execute a “Standard Form of
Agreement between the City and Contractor”.
FUNDING SOURCE
Funding is available from account #442-5178-536-63.82, Water and Sewer Renewal & Replacement
Fund/ Sanitary Sewer Manhole Rehabilitation.
RECOMMENDATION
Staff recommends award to Intercounty Engineering, Inc. in the amount of $50,000.00 for the Sanitary
Sewer Manhole Rehabilitation program, FY 2011/2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David Boyd, Finance Director
Patsy Nadal, Purchasing Manager
THROUGH:David Harden, City Manager
DATE:October 18, 2011
SUBJECT:AGENDA ITEM 8.O.3 - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
PURCHASE AWARD/PVS TECHNOLOGIES, INC.
ITEM BEFORE COMMISSION
The City Commission is requested to approve a blank et purchase order in the amount of $259,000.00
for purchase and delivery of liquid ferric chloride “as needed” from PVS Technologies, Inc. The blanket
will cover the contract period of November, 2011 th rough September 30, 2012.
BACKGROUND
Ferric chloride is the coagulant of choice for sani tary water treatment applications, due to its high
efficiency, effectiveness in clarification, and uti lity as a sludge dewatering agent. Ferric chloride is
needed to reduce organic properties in treated wate r. Treatment with the ferric chloride solution
enhances the reduction of resistant organism in wat er.
Pricing Proposals: PVS Technologies, Inc. $ 1.148 per pound of iron
Kemira Water Solu tions $ 1.178 per pound of iron
The US Ferric chloride industry has consolidated so me since the last time research for pricing was
completed. A company named Water Elements built a p lant in Baltimore MD and operated for a short
time before being bought out by Kemira Water Soluti ons.
In the current market, Kemira and PVS are the only two actual manufacturers of ferric chloride.
Kemira's closest production site to south Florida i s the Baltimore, MD a facility that was purchased
from Water Elements.
PVS plant location is in Augusta, GA, which continu es to service delivers in the south Florida market,
and they are actually looking at expanding with the potential for a rail terminal in either Dade or
Broward County. This would allow PVS to ship produ ct down by rail, maintain an inventory in the
area, and then trans-load to trucks locally.
The quality of the PVS product still continues to b e above that of other competitors. In the certifica te of
analysis that the City receives with each load, the insolubles specification is 80 ppm vs. the competi tive
products on the market that only meet the American Water Works Association( AWWA ) spec of 0.2%
or 2000 ppm. This means that each 45000 pound load of ferric chloride from PVS would contain a
maximum of just over 2 pounds of solids. At the hig her AWWA spec that would be about 90 pounds of
solids per load. These solids can accumulate in the storage tank over time causing increased
maintenance and pumping problems.
FUNDING SOURCE
441-5122-536-52.21
WATER AND SEWER SERVICES/CHEMICALS
RECOMMENDATION
The Water Treatment Plant recommends the purchase a nd delivery of Liquid Ferric Chloride from PVS
Technologies, to be ordered “as needed” at $1.148 per pound of iron as quoted October 18, 2011 for an
estimated cost of $259,000.
Mr. Patsy Nadal
City of Delray Beach
Via Email 10/18/2011
Dear Patsy,
I am pleased to offer the following pricing on PVS Technologies Liquid Ferric Chloride. PVS
Technologies would like to extend the current pricing to Delray Beach in the form of a renewed
pricing agreement to replace the existing expired agreement. Please see the details below and
sign and return the document if you are in agreement.
Product: Ferric Chloride 37% - 42%
Price: New agreement date through 9/30/2012
$1.148 per pound of Iron
F.O.B: Delivered- City of Delray Beach Water Treatment Plant
Package: Bulk Tank Truck- 45,000 pound minimum
Terms: Net 30 Days
Conditions: Demurrage- 2 hrs. Free, $50.00/hr. thereafter
Weekend/Holiday delivery $100/$150
Contract Period: 10/1/2011 through 9/30/2012
PVS Signature:
Jose M. Gonzalez
Delray Beach Signature:
________________________
Jose M. Gonzalez
Director of Technical Service
PVS Technologies
Office and Fax- 607-859-2543
Mobile- 313-510-6238
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
DELRAY BEACH PRESERVATION TRUST PROPOSAL/100 YEAR TIME C APSULE
ITEM BEFORE COMMISSION
The item before the Commission is consideration of a proposal from the Delray Beach Preservation
Trust to install a 100-Year Time Capsule in the Cit y Hall lobby.
BACKGROUND
The City received a proposal from Donna Sloan, on b ehalf of the Delray Beach Preservation Trust, for
the installation of 100-Year Time Capsule in the City Hall lobby in recogni tion of the Delray Beach
Centennial. The Preservation Trust is proposing a 2011 - 2111 Time Capsule that would include
photographs, information, documents, and artifacts pertaining to the the built environment (architectu re
and planning) of past and present Delray Beach.
The time capsule is proposed to be installed beneat h the Commission's pictures outside the Commission
Chambers. The Preservation Trust has a donor inter ested in underwriting the cost of the project.
Additional information about the proposal is attach ed for your review.
It may be possible to have the enclosure project fr om the wall less by setting the enclosure into the wall
between studs, depending on how this portion of the wall is constructed.
RECOMMENDATION
Staff recommends Commission discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
CONSIDERATION OF AN APPEAL OF THE HPB'S DECISION/85 S.E. 6TH AV ENUE/CLASS
III SITE PLAN MODIFICATION
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of an appeal of the Historic Preservation
Board’s (HPB) decision made on August 21, 2011. The HPB’s motion to approve the Class III Site Plan
Modification at 85 SE 6th Avenue failed on a 0-5 vote, based upon findings that the request was
inconsistent with the Comprehensive Plan and did no t meet the criteria set forth in the Land
Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary
of the Interior’s Standards for Rehabilitation.
BACKGROUND
At its meeting of October 4, 2011, the City Commiss ion considered the subject appeal and tabled the
item so that additional background information and clarification could be provided by Staff
regarding Code violations and the illegal conversio n of the garage to office use, and the Code
Enforcement Board case which was resolved in 2003. A summary of the longstanding history of
outstanding permits, the code case, and multiple si te plan applications submitted for HPB review is
below.
In researching our files, a Class V site plan was s ubmitted in 1995 for conversion of the principal
structure (Blank House) to retail use; conversion o f the garage to office use, construction of a 9 spa ce
pea rock parking area at the SW corner of the site; and additional site improvements. The request was
approved by the Historic Preservation Board (HPB) o n August 16, 1995 (valid through February 1997),
and it was noted that this approval was for a conve rsion that had already occurred without permits, an d
without the provision of required parking. No site improvements were installed and the site plan
approval expired in February 1997. On March 17, 200 0, a building permit application was submitted to
convert the garage space to office and to construct associated site improvements (parking lot, etc.). As
the original site plan approval had expired in Febr uary, 1997, a new site plan approval was required. On
December 12, 2000 a Class III site plan modificatio n was submitted for conversion of the garage into
two offices (already established), installation of outdoor dining and an exterior staircase for the Bl ank
House, and construction of 8 asphalt parking spaces at the SW corner of the lot, and one handicap spac e
at the North side of the lot. A building permit was submitted on December 19, 2001 (01-77442) for the
conversion from garage to office and related site i mprovements. This permit request did not include th e
garage door replacement with French doors done in 1 995.
On January 18, 2001, a code violation was issued (C EB-01-77906) for conducting work without a
permit (changing the garage doors to French doors). As the applicant was seeking site plan approval
(per the December 12, 2000 submittal noted above) f or the use conversion, it appears that the citation
was limited to the physical work which had been don e without a permit. The Class III site plan
modification request submitted on December 12, 2000 was approved at the HPB meeting of May 2,
2001. This site plan was not certified (conditions of approval had not been addressed) and the permit
was not issued. The improvements were not construct ed and the Class III site plan approval of May,
2001 expired on November 2, 2002. As no action was taken by the applicant to get a permit for the
conversion of the doors, a code enforcement lien wa s recorded on April 18, 2002.
A new Class III site plan modification and COA appl ication (2003-052 SPM) were submitted on
November 22, 2002, which included the conversion of the garage into offices and associated site
improvements (including parking). This was approved subject to conditions on March 19, 2003. The
Class III site plan modification was certified on J une 3, 2003, and building permits were issued on
August 6, 2003 (01-77442).
As the French doors were now included in the improv ements on the permit, the citation issued by the
Code Enforcement Division (work constructed without a permit) was satisfied and a letter was sent to
the applicant on August 15, 2003. The lien amount w as considered by Code Enforcement on October
14, 2003 and reduced. This reduced lien was paid on November 13, 2003 and the code enforcement lien
against the property was removed.
On December 5, 2003, a COA and Class II Site Plan M odification (COA 2004-076-SPI-CL2) was
submitted. This request included an English Rose Ga rden and fountain in place of the parking lot and a
request to replace the 9 spaces with 6 in-lieu parking spaces. A reduction to 6 spaces from 9 was
requested as the apartment conversion, originally p art of the 1995 approval, was never implemented.
A revision to building permit number 01-77442 was f iled on December 29, 2003 to “change parking lot
to English Rose Garden and walk path”. The permit was put on hold pending Class II site pl an approval
(submitted on December 5, 2003) which was scheduled for HPB consideration on January 7, 2004. The
item was tabled by HPB at this meeting due to conce rns over the elimination of the parking spaces. The
HPB approved the Class II modification at its meeti ng of March 4, 2004 and recommended approval of
the purchase of 6 in-lieu of parking spaces.
The request for 6 in-lieu of parking spaces was reviewed by the City Com mission at 4 separate meetings
with a final approval granted for the purchase of 2 in-lieu parking with 4 additional new spaces for a
total of 7 spaces to be provided on site. The Class II site plan modification expired in August of 200 5, as
revised plans were never submitted for certificatio n, and the in-lieu fees were never paid. As a result,
the revision to permit 01-77442, submitted on December 29, 2003, was never is sued, and the permit file
was closed out on July 24, 2008 due to no activity.
At its August 21, 2011 meeting, the HPB reviewed ye t another attempt after 16 years to address the
office conversion. This request was to waive all re quired parking (6 spaces) for the office space
conversion. This request was not supported and the appeal of that denial is now before the City
Commission.
WAIVER:
Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers m ay be granted by the Historic Preservation Board
for relief from the number of parking spaces requir ed in Section 4.6.9 upon presentation of confirmati on
that adequate parking for a proposed use may be ach ieved by alternate means which are found to be in
keeping with the provisions and intent of the Delra y Beach Historic Preservation Design Guidelines.
As required above, confirmation that adequate parki ng can be achieved by alternate means has not been
presented. Past site plan submittals have been appr oved which adequately provided the required amount
of parking and were found to be appropriate and com patible to the historic property. Further, in 2004,
additional options were approved to provide for a p ortion of the parking on-site and a portion via in-
lieu. None of these options were followed up on or completed.
Waiving the required parking spaces altogether will have the potential to adversely affect the
neighboring area in that the required parking for t his private project will utilize public parking spa ces,
thereby reducing the number of public spaces availa ble for other users.
In addition to the above, it should be considered t hat while relief may be granted to the amount of
required parking spaces, the intent of this “benefi t” afforded to historic properties is not to excuse th e
provision of all parking but to provide alternative s. Otherwise, one could conclude that all parking o n
historic properties converted to office use is not necessary.
It is noted that the parking requirement currently being applied is significantly less than the curren t code
requirement. To understand the intensity of the use s on the site, and what their parking requirement
would be if the site had to comply with today’s parking requirement, the following is noted. The
required parking for each individual use would be: office-4, restaurant-13, multi-family residence-7, for
a total of 24 spaces. The mixed-use parking calculation would require that twenty (20) spaces be
provided, plus the two (2) spaces eliminated from t he garage conversion to office. Utilizing the old c ode
requirements requires that only nine (9) parking sp aces be provided (3 existing and 6 for the garage
conversion).
The current request is to legally establish the con version of the garage to office use, and to complet ely
waive the required six (6) parking spaces. The subj ect request is not supported by Staff nor has it
received support from any of the other reviewing Boards. If Commission finds that the most appropriate
manner in which to maintain the historic integrity of the site is to not physically provide any parkin g
spaces, then Staff recommends that the property own er be required to make payment of all required
spaces (6) via the in-lieu of parking process. This alternative would be the fair approach given that other
historic properties converted to commercial use hav e been obligated to account for their required
parking through the available and appropriate optio ns, including the in-lieu program.
If the Class III Site Plan Modification is approved by City Commission, the approval should include th e
following conditions:
1. That a traffic statement be provided;
2. That a current floor plan be submitted;
3. That compliance with handicap accessibility with in the office space be indicated; and,
4. That a decorative bicycle rack be provided on-si te.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011
meeting, where they recommended denial of the waive r to the required parking. The Board also
requested that the item return for further review w hen “a solution is worked out.”
The Downtown Development Authority (DDA) considered the subject request at its March 14, 2011
meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the
required spaces. Direction was given to the applica nt to work out an alternative approach with Staff, and
return to the DDA for further review.
The Parking Management Advisory Board (PMAB) consid ered the subject request at its June 28, 2011
meeting, where a motion to recommend approval of th e waiver to the required parking was denied. The
Board suggested that the applicant work with Staff and accommodate three (3) spaces on site and
provide the balance either through an off-site park ing agreement, or via the in-lieu of parking fee.
RECOMMENDATION
Deny the appeal, thereby upholding the Historic Pre servation Board’s action of denial.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the denial of the Historic Preservat ion Board’s August 21,
2011 decision denying the Certificate of Appropriatene ss, Class III Site Plan
Modification, and wavier of required parking spaces at 85 SE 6 th Avenue has come
before the City Commission on November 15, 2011.
2. The Appellee and City staff presented documentary evidence and
testimony to the City Commission pertaining to the Hist oric Preservation Board’s August
21, 2011 decision denying the Certificate of Appropria teness, Class III Site Plan
Modification, and wavier of required parking spaces at 85 SE 6 th Avenue. All of the
evidence is part of the record in this case. Required f indings are made in accordance
with Subsection I.
I. LDR REQUIREMENTS
A. Certificate of Appropriateness
1. Findings : Pursuant to Section 2.4.6(H)(5), prior to approva l, a
finding must be made that any Certificate of Appropri ateness which is to be approved is
consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land
Use Element of the Comprehensive Plan (attached as Exhi bit “A”) and specifically with
provisions of Section 4.5.1, the Delray Beach Historic Pr eservation Design Guidelines
(attached as Exhibit “B”) and the Secretary of the Int erior’s Standards for Rehabilitation
(attached as Exhibit “C”).
Is the Certificate of Appropriateness consistent wi th Historic Preservation
as detailed in the Comprehensive Plan, the Land Dev elopment Regulations,
and the Secretary of the Interior’s Standards for r ehabilitation?
Yes ______ No ______
B. Class III Site Plan Modification
1. Pursuant to LDR Section 2.4.5(G)(1)(c), a Class III site plan
modification is a modification to a site plan which rep resents either a change in intensity
of use, or which affects the spatial relationship among improvements on the land,
2
requires partial review of Performance Standards found in Sections 3.1.1 and 3.2.3, and
the required findings of Section 2.4.5(G)(5).
2. Pursuant to LDR Section 2.4.5(G)(5), modificatio ns to Site Plans
and Development Plans, the approving body must make a finding that the proposed
changes do not significantly affect the originally approved plan must be made
concurrent with approval of a class III modification.
Pursuant to LDR Section 4.4.13, CBD Zoning Regulatio ns (B)(2),
Principal Uses and Structures Permitted, Business, Professional and Medical Uses
including but not limited to interior decorating, me dical and dental clinics, medical and
dental laboratories, photographic studios, printing and publishing, business, medical
and professional offices.
Are these requirements met by the conversion of a g arage to office use?
Yes _______ No _______
3. The City Commission has applied the LDR requiremen ts in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ____ the appeal and hereby adopts this Order th is 15th day of November, 2011,
by a vote of _____ in favor and ____ opposed.
ATTEST: ________________________________
Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin
City Clerk
EXHIBIT “A”
Objective A-4
The redevelopment of land and buildings shall provide for the preservation of historic
resources. The objective shall be met through continued a dherence to the City’s Historic
Preservation Ordinance and the following policies:
Policy A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a
historic site, the Historic Preservation Board must make a finding that the requested
action is consistent with the provisions of Section 4.5.1 of the Land Development
Regulations relating to historic sites and districts and th e “Delray Beach Design
Guidelines”.
Policy A-4.2 In order to protect the City’s historic resources, the L and Development
Regulations shall include provisions for designation of h istorically significant buildings,
structures, archaeological sites, or districts. The City shal l conduct periodic
neighborhood surveys to identify and evaluate potent ial historic resources.
4.5 - 4
"B" ARTICLE 4.5
ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not esta blish uses or categorize uses. These
Districts, however, do regulate allowable uses in a manner to mitigate adverse
impacts of such uses upon the natural or man-made e nvironment; or regulate
development so as to mitigate potential dangers to the use of such developed land,
or to otherwise implement policies and objectives o f the Comprehensive Plan.
Overlay and environmental management districts need not be shown on the Official
Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in the ori ginal enactment of
Ordinance 13-87, passed March 10, 1987, this Sectio n is created in order to provide for
the identification, preservation, protection, enhan cement, perpetuation, and the use of
districts, archeological sites, buildings, structur es, improvements, and appurtenances
that are reminders of past eras, events, and person s important in local, state, and
national history; that provide significant examples of architectural styles of the past; that
are unique and irreplaceable assets to the City and its neighborhoods; or that provide
this and future generations with examples of the ph ysical surroundings in which past
generations lived; and other purposes.
(B) Criteria for Designation of Historic Sites or Distr icts:
(1) To qualify as a historic site, historic district, h istoric structure, or historic
interior, individual properties, structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significa nt character, interest, or value as
part of the historical, cultural, aesthetic, and ar chitectural heritage of the city, state,
or nation. To qualify as a historic site, historic district, or historic structure, the property or
properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to
qualify as a historic interior the interior must fu lfill one or more of the criteria set forth in
division (2) and meet the criteria set forth in div isions (3)(b) and (3)(d). [Arnd• Ord. 38-
07 215108]
(2) A building, structure, site, interior, or district will be deemed to have
historical or cultural significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a major
person important in city, state, or national histor y (for example, the
homestead of a local founding family);
(b) Is the site of a historic event with significant ef fect upon the city,
4.5 - 5
state, or nation;
(c) Is associated in a significant way with a major his toric event, whether
cultural, economic, social, military, or political;
4.5 - 6
SECTION 4.5.1 (B) (2) (d)
(d) Exemplifies the historical, political, cultural, ec onomic, or social trends
of the community in history; or,
(e) is associated in a significant way with a past or c ontinuing institution
which has contributed substantially to the life of the city.
(3) A building, structure, site, or district is dee med to have architectural or
aesthetic significance if it fulfills one or more o f the following criteria; except that to
qualify as a historic interior, the interior must m eet the criteria contained within divisions
(3)(b) and (3)(d):
(a) Portrays the environment in an era of history chara cterized by one or
more distinctive architectural styles;
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction;
(c) Is a historic or outstanding work of a prominent ar chitect, designer,
landscape architect, or builder; or
(d) Contains elements of design, detail, material, or c raftsmanship of
outstanding quality or which represented, in its ti me, a significant
innovation or adaptation to the South Florida envir onment.
(4) A building, structure, site, interior, or distr ict will be deemed to have historic
significance if, in addition to or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic d evelopment standards as defined by
and listed in the regulations of and criteria for t he National Register of Historic Places,
as prepared by the United States Department of the interior under the Historic
Preservation Act of 1966, as amended. A copy of the se standards for the National
Register is made part of this section as if fully s et forth herein.
(C) Designation Procedures:
(1) Buildings, structures, archaeological sites, or dis tricts which meet the
criteria for historic sites or districts set forth in Section 4.5.1(8) may be designated as
historic sites or districts, and may be listed on t he Local Register of Historic Places.
(2) Nominations for historical site or district designa tion shall be made to the
Historic Preservation Board on an application form developed and approved by the
Board.
(a) Nominations for historic site status may be ini tiated by:
(1) The Historic Preservation Board;
(2) The City Commission; or
4.5 - 7
SECTION 4.5.1 (C) (2) (a) (3)
(3) The property owner.
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the
information provided on each nomination application to determine if it generally
conforms with historic status criteria. The Board s hall then prepare a designation report
which shall contain the following: [Amd. Ord. 30 -91 3/26/91]
(a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district; [Amd. Ord. 30 -91 3/26/91]
(b) any proposed conditional zoning regulations designe d to replace or
complement existing zoning regulations with regard to, but not limited
to use, floor area, density, height, setbacks, park ing, and minimum lot
size; [Mid. Ord. 30-91 3/26/91]
(c) Analysis of the historic significance and character of the nominated
property; and [Amd. Ord. 30 -91 3/26/91]
(d) analysis of optional historic interiors for those b uildings and structures
with interior features of exceptional architectural , aesthetic, artistic, or
historic significance. [Amd. Ord. 30 -91 3/26/91]
(4) Upon completion and formal review of the report, th e Board shall set a
public hearing on each proposed designation. Notice of said hearing shall be made to
the owner of affected property at least ten days pr ior to the hearing by regular mail.
Additional notice shall be given in the same manner as provided for a rezoning action
[see Section 2.4.2(B)(1)(b)] and by notice publishe d in the newspaper at least ten days
prior to the hearing, provided, however, posting pu rsuant to 2.4.2(B)(1)(b) is not
required. [Amd. Ord. 78-04 1118/05]; [Amd. Ord. 30-91 3/26/91 ]
DELETED (5) AND RENUMBERED [Amd. Ord. 24 -05 4/19/05]
(5) After conducting the public hearing, if the Histori c Preservation Board finds
that the nomination fulfills the proper designation criteria and all procedures have been
followed correctly, it shall vote on the designatio n. A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the
Board's findings to the City Commission. The City C ommission shall consider the
recommendation through its standard ordinance adopt ion procedures, except that at
least three affirmative votes of the City Commissio n is necessary to make a
designation. In the event that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super majority vote of four votes.
[Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91 ]
SECTION 4.5.1 (C) (6)
4.5 -8
(6) After conducting the public hearing, if the Histori c Preservation Board does
not find that the request fills the criteria, no fu rther action will be required and the
request will be deemed denied. However, an appeal m ay be filed and processed
pursuant to Section 2.4.7(E). (Arad. Ord. 24-05 4/1 9/05]; [Amd. Ord. 30-91 3126191]
(7) The Board will issue an official "certificate of hi storic significance" to the
owner of properties listed individually on the loca l historic register or judged as
contributing to the character of a historic distric t listed on the local historic register. The
Director acting as City Preservation Officer, or hi s appointee, is authorized to issue and
place official signs denoting the geographic bounda ries of each historic district listed in
the local historic register. [Amd. Ord. 24-05 4/191 05]; [Amd. Ord. 30-91 3/26/91]
(D) Review and Approval Procedures: Once property is placed within a Historic
District or designated as a Historic Site no develo pment order shall be issued without
first obtaining a Certificate of Appropriateness (C .O.A.) pursuant to Section 2.4.6(J)
from the Historic Preservation Board. Obtaining a C .O.A. is required in addition to any
other process which is required for the development application.
(E) Development Standards: AU development regardless of use within individual ly
designated historic properties and/or properties lo cated within historic districts, whether
contributing or noncontributing, residential or non residential, shall comply .with the
goals, objectives, and policies of the Comprehensiv e Plan, these regulations, the Delray
Beach Historic Preservation Design Guidelines, and the . Secretary of the Interior's
Standards for Rehabilitation. [Amd. Ord. 38-07 215/08]
(1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features shall include, but not be li mited to the following: [Amd. Ord. 38-07
2/5/08]
(a) The architectural style, scale, general design, and general arrangement
of the structure's exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, an d signs.
(2) Major and Minor development: For purposes of this section, major and
minor development standards shall be applied as not ed in the following table: [Amd.
Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (2)
4,9 - 5
ci$ .,77 ."-t3:',43:1 -.-,,,
-.6:1 , , Ps. _ tg t iNtiij§
.:- n Aaiun
, .,?
. •. 4 ..,.
Mr 7 VrW r•.=:.7 :
raDig0i .----•
,n-,---- •:a
-,--., ,
,,,
• ..... 150119 ., 19 Cgi r tif OAVNY -
• ' .N11.--.•`_•! ,..13:‘Ls rid64ifitai?) f: .;Gf.ziiirKrff
..,..... - .- tw .... .ti
-,-- --.-
,,I,;•,..s
t ,K.: . .11 -61345),47t. Aw err,. , *10: oft -04.- ver 2
CBD & CF Multi-Famil Minor Minor Mi.-Jr.:7 Minor 11:715 -,T
Non-Residential Min(: -Minor i: Minor Minry
R-I -A, R-I -AA,
RD, OSSHAD,
RL, & RM,
Single Family/Duplex :t' a' Minor - 1 7) Minor --ti 4 ----
Multi-Family ',.,.. .f. '6. Minor 4 :Jo r Minor e.-iZ4iirr:fili:ribr -
Non-Residentiat Minor i•tAi63101. Minor ' - ,-,tkW'
Notes:
1. All development on individually designated properti es in all zoning districts is Minor
2. All development on properties in the OSSHAD distric t which are subject to CBD regulations pursuant to Section
4.4.24(B) (12) is Minor.
(a) For the purposes of this section, "residential" includes single family,
duplexes and multifamily in all historic districts and all development,
regardless of use, in the Residential Office (RO) z oning district. [Amd.
Ord. 38-07 2/5108]
(b) Major development shall be considered: [Amd. Or d. 38-07 2/5/08]
1. New construction in all historic districts except C BD and CF zoned
properties and properties zoned OSSHAD subject to C BD design
guidelines; or , [Amd. Ord, 38-07 2/51081
2. The construction, reconstruction, or alteration of in excess of
twenty-five percent (25%) of the existing floor are a of the building,
and all appurtenances, except for properties zoned CBD or CF and
properties zoned OSSHAD subject to CBD design guide lines. For
purposes of this section, all limitations and regul ations shall be
reviewed in a cumulative manner from the date of pa ssage of this
ordinance in 2008; or, [Amd. Ord. 38-07 215/08]
3. The construction, reconstruction, or alteration of any part of the
front façade of an existing contributing residentia l or non-residential
structure and all appurtenances, except for propert ies zoned CBD
or CF and properties zoned OSSHAD subject to CBD de sign
guidelines. For purposes of this section, all limit ations and
regulations shall be reviewed in a cumulative manne r from the date
of passage of this ordinance in 2008. [Amd. Ord. 38 -07 2/5/08]
(c) Minor development shall be considered: [Amd, Ord. 3 8-07 2/5/08]
1. All new construction in all historic districts o n property zoned CBD
and CF as well as all properties in the OSSHAD zone d district
subject to the CBD design guidelines; or, [Amd. Ord . 38-07
2/5/08]
SECTION 4.5.1 (E) (2) (c) 2.
4.5 - 10
2. All modifications to existing contributing and nonc ontributing
structures in all historic districts on property zo ned CBD and CF as
well as all properties in the OSSHAD zoning distric t subject to the
CBD Design Guidelines; or, [Amd. Ord. 38-07 215/08]
3. The construction, reconstruction, or alteration of any part of the
front façade of an existing noncontributing residen tial or non-
residential structures and all appurtenances; or, [Amd. Ord. 38-07
2/5/08]
4. The construction, reconstruction, or alteration of less than twenty-
five percent (25%) of the existing floor area of th e building and all
appurtenances. For purposes of this section, all li mitations and
regulations shall be reviewed in a cumulative manne r from the date
of passage of this ordinance in 2008. [Amd. Ord. 38 -07 2/5/08]
5. Any changes to Individually Historically Designated properties,
whether already on site or newly designated, to hel p facilitate the
move of a historic structure into a historic distri ct. [Amd. Ord. 38-07
215108]
(3) Buildings, Structures, Appurtenances and Parking. Buildings,
structures, appurtenances and parking shall only be moved, reconstructed, altered, or
maintained, in accordance with this chapter, in a m anner that will preserve the historical
and architectural character of the building, struct ure, site, or district: [Amd. Ord. 38-07
215/08]
DELETED (a) AND RELE7TERED [Amd. Ord. 38-07 2/5/08]
(a) Appurtenances: Appurtenances include, but are not limited to, sto ne
walls, fences, light fixtures, steps, paving, sidew alks, signs, and
accessory structures. [Amd. Ord. 38-07 2/5/08]
1. Fences and Walls: [Amd. Ord. 38-07 2/5/08]
a. Chain-link fences shall be clad in a green or bl ack vinyl and
shall only be used in rear yards, or where they are not visible
from the street. [Amd. Ord. 38-07 2/5/08]
Swimming pool fences shall be designed in a manner that
integrates the layout with the lot and structures w ithout
exhibiting a utilitarian or stand-alone appearance. [Amd. Ord.
38-07 2/5/08]
c. Fences and walls over four feet (4') shall not b e allowed in front
or side street setbacks. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5. 1 (E) (3) (a) 1. d.
4.5 - 11
d. All other provisions in Section 4.6.5 shall ap p ly. [Amd. Ord. 38-
07 2/5/08]
2. Garages and Carports: [Amd. Ord. 38-07 2/5108]
a. The following compatibility standards shall appl y for major
development, where applicable: [Amd. Ord. 38-07 2/5 /08]
i. Garages and carports are encouraged to be oriented and
entered from the side or rear and out of view from the
public right of way. However, if this is not possib le, the
orientation of garages and carports shall be consis tent with
the majority of such structures within the district . [Amd.
Ord. 38-07 2/5/08]
ii. Garage doors should be designed to be compatible wi th
the architectural style of the principal structure and include
individual openings for vehicles rather than two ca r
expanses of doors. Metal two car garage doors are
discouraged. [Amd. Ord. 38-07 2/5/08]
(b) Parking: [Amd. Ord. 38-07 2/5/08]
1. Where feasible, alternative methods of meeting m inimum parking
standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as
applicable, shall be explored to avoid excessive us e of historic
properties and/or properties located in historic di stricts for parking.
Parking lots shall strive to contribute to the hist oric nature of the
properties/districts in which they are located by u se of creative
design and landscape elements to buffer parking are as from
historic structures. At a minimum, the following op tions shall be
considered: [Amd. Ord. 38-07 2/5/08]
a. Locate parking adjacent to the building or in the r ear. [Amd.
Ord. 38-07. 2/5/08]
b. Screen parking that can be viewed from the public r ight-of-way
with fencing, landscaping, or a combination of the two pursuant
to Section 4.6.5. [Amd. Ord. 38-07 2/5/08]
c, Utilize existing alleys to provide vehicular acc ess to sites.
[Amd. Ord. 38-07 215/08]
d. Construct new curb cuts and street side driveway s only in
areas where they are appropriate or existed histori cally. [Amd.
Ord. 38-07 2/5/08]
S ECTION 4.5.1 (E) (3) (b) 1.
4.5 - 12
e. Use appropriate materials for driveways, such as co ncrete
poured in ribbons. [Amd. Ord, 38-07 2/5/08]
f. Avoid wide driveways and circular drives. [Amd. Ord . 38-07
2/5/08]
2. Waivers may be granted by the Historic Preservat ion Board for
relief from the number of parking spaces required i n Section 4.6.9
upon presentation of confirmation that adequate par king for a
proposed use may be achieved by alternate means whi ch are
found to be in keeping with the provisions and inte nt of the Delray
Beach Historic Preservation Design Guidelines. [Amd . Ord. 38-07
2/5/08]
(4) Alterations. In considering proposals for alterations to the ex terior of
historic buildings and structures and in applying d evelopment and preservation
standards, the documented, original design of the b uilding may be considered, among
other factors. [Amd. Ord. 38-07 215/08]
(5) Standards and Guidelines. A historic site, building, structure,
improvement, or appurtenance within a historic dist rict shall only be altered, restored,
preserved, repaired, relocated, demolished, or othe rwise changed in accordance with
the Secretary of the Interior's Standards for Rehabi litation, and the Delray Beach
Historic Preservation Design Guidelines, as amended from time to time. [Amd. Ord. 3807
2/5108]
(6) Relocation. Relocation of historic buildings and structures to other sites
shall not take place unless it is shown that their preservation on their existing or original
sites is not consistent with the purposes of this S ection or would cause undue economic
hardship to the property owner. [Amd. Ord. 38-07 2/5/08]
(7) Demolition. Demolition of historic or archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts shall be regulated
by the Historic Preservation Board in the manner de scribed in Section 4.5.1(F).
Demolition of any structure, whether contributing o r non-contributing, shall not occur
until a building permit has been issued for the HPB approved redevelopment. All
structures approved for demolition and awaiting iss uance of a building permit for the
redevelopment shall be maintained in a manner simil ar to that in which it existed at time
of application unless the Chief Building Official d etermines that an unsafe building
condition exists in accordance with Section 4.5.1(n). [As d. Ord, 38-07 2/5/08]; [Amd.
Ord. 55-07 1/15/08]
DELETED (7) AND RENUMBERED [Amd. Ord. 3B -07 2/5/08]
4.5 -9
SECTION 4.5.1 (E) (8)
(8) Visual Compatibility Standards. New construction and all improvements
to both contributing and noncontributing buildings, structures and appurtenances
thereto within a designated historic district or on an individually designated property
shall be visually compatible. In addition to the Zo ning District Regulations, the Historic
Preservation Board shall apply the visual compatibi lity standards provided for in this
Section with regard to height, width, mass, scale, facade, openings, rhythm, material,
color, texture, roof shape, direction, lot coverage , and square footage, and other criteria
set forth elsewhere in Section 4.5.1. Visual compat ibility for minor and major
development as referenced in Section 4.5.1(E)(2) sh all be determined by utilizing
criteria contained in (a)-(m) below. Visual compati bility for all development on
individually designated properties outside the dist rict shall be determined by
comparison to other structures within the site. [Am d. Ord. 38-07 2/5/081
(a) Height: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to th e height of existing
structures and buildings in a historic district for all major and minor
development. For major development, visual compatib ility with respect
to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall
also be determined through application of the follo wing: [Amd. Ord. 38-
07 2/5/081
Building Height Plane (BHP): The building height plane technique
sets back the overall height of a building from the front property
fine. [Amd. Ord. 38-07 2/5/081
a. The building height plane line is extended at an in clined angle
from the intersection of the front yard property li ne and the
average grade of the adjacent street along the lot frontage.
The inclined angle shall be established at a two to one (2:1)
ratio. See illustration below. [Amd. Ord. 38-07 2/5 /08]
BUILDING HEIGHT PLANE
AT 2C1 RATIO
b. A structure relocated to a historic district or to an individually
designated historic site shall be exempt from this requirement.
[Amd. Ord. 38-07 2/5/081
NO BUILD
ZONE
r -•
of
ai
REAR
SETBACK
4.5 - 6
SECTION 4.5.1 (E) (8) (a) 2.
2. First Floor Maximum Height: [Amd. Ord. 38-07 2/5 /08]
a. Single-story or first floor limits shall be esta blished by: [Arnd.
Ord. 38-07 2/5/08]
Height from finished floor elevation to top of beam (tie or
bond) shall not exceed fourteen feet (14'). [Amd. O rd, 38-
07 215108]
ii. Mean Roof Height shall not exceed eighteen feet (18').
[Amd. Ord. 38-07 2/5/08]
iii. Any portion exceeding the dimensions described in i . and ii
above shall be considered multi-story structures. [Amd.
Ord. 38-07 2/5/08]
iv. See illustration. below: [Amd. Ord. 38-07 2/5/08]
v. Sections i. and ii., above may be waived by the His toric
Preservation Board when appropriate, based on the
architectural style of the building. [Amd. Ord. 38-07
2/5/08]
3. Upper Story Height: tAmd. Ord. 38-07 2/5/08]
a. Height from finished floor elevation to finished floor elevation or
top of beam (tie or bond) shall not exceed twelve f eet (12').
[Amd. Ord. 38-07 215108]
(b) Front Facade Proportion: The front facade of each building or
structure shall be visually compatible with and be in direct relationship
to the width of the building and to the height of t he front elevation of
other existing structures and buildings within the subject historic district.
[Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (c)
(c) Proportion of Openings (Windows and Doors): The openings of any
building within a historic district shall be visual ly compatible with the
openings exemplified by prevailing historic archite ctural styles of similar
buildings within the district. The relationship of the width of windows
and doors to the height of windows and doors among buildings shall be
visually compatible within the subject historic dis trict. [Amd. Ord. 38-07
2/5/08]
(d) Rhythm of Solids to Voids: The relationship of solids to voids of a
building or structure shall be visually compatible with existing historic
buildings or structures within the subject historic district for all
development, with particular attention paid to the front facades. [Amd.
Ord. 38-07 215108]
(e) Rhythm :of Buildings on Streets: The relationship of buildings to
open space between them and adjoining buildings sha ll be visually
compatible with the relationship between existing h istoric buildings or
structures within the subject historic district. [Amd. Ord. 38-07 2/5/08]
(f) Rhythm of Entrance and/or Porch Protections: The relationship of
entrances and porch projections to the sidewalks of a building shall be
visually compatible with existing architectural sty les of entrances and
porch projections on existing historic buildings an d structures within the
subject historic district for all development, [Amd. Ord. 38-07 2/5/08]
(g) Relationship of Materials, Texture, and Color: The relationship of
materials, texture, and color of the facade of a bu ilding and/or
hardscaping shall be visually compatible with the p redominant
materials used in the historic buildings and struct ures within the subject
historic district. [Amd. Ord. 38-07 2/5/08]
(h) Roof Shapes: The roof shape, including type and slope, of a bui lding
or structure shall be visually compatible with the roof shape of existing
historic buildings or structures within the subject historic district. The
roof shape shall be consistent with the architectur al style of the
building. [Amd. Ord. 38-07 2/5/08]
(i) Walls of Continuity: Walls, fences, evergreen landscape masses, or
building facades, shall form cohesive walls of encl osure along a street
to ensure visual compatibility with historic buildi ngs or structures within
the subject historic district and the structure to which it is visually
related. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (j)
(j) Scale of a Building: The size of a building and the building mass in
relation to open spaces, windows, door openings, ba lconies, porches,
and lot size shall be visually compatible with the building size and mass
of historic buildings and structures within a histo ric district for all
development. To determine whether the scale of a bu ilding is
appropriate, the following shall apply for major de velopment only:
[Amd. Ord. 38 -07 2/5/08]
1. For buildings wider than sixty percent (60%) of the lot width, a
portion of the front facade must be setback a minimu m of seven (7)
additional feet from the front setback line: [Amd. Ord. 38 -07
2/5/081
a. Lots sixty -five (65) feet or less in width are exempt from thi s
requirement. [Amd. Ord. 38 -07 2/5/081
To calculate how much of the building width must co mply with
this provision, multiply the lot width by 40% and s ubtract the
required minimum side setbacks (example: 100' lot w idth x
40% = 40' - 15' side yard setbacks = 25'). [Amd. Ord. 38 -07
215/08]
c. Any part or parts of the front facade may be used to mee t this
requirement. [Amd. Ord, 38 -07 2/51081
d. See illustration below: [Amd. Ord. 38 -07 2/5/083
75' LOT 75' LOT
SECTION 4.5.1 (E) (8) 0) 2.
2. For buildings deeper than fifty percent (50%) of the lot depth, a
portion of each side facade, which is greater than one story high,
must be setback a minimum of five (5) additional fe et from the side
setback line: [Amd. Ord. 38-07 2/5/08]
a. To calculate how much of the building depth must co mply with
this provision, multiply the lot depth by fifty per cent (50%) and
subtract the required minimum front and rear setbac ks
(example: 120' lot depth x 50% = 60' - 25' front ya rd setback -
10' rear setback = 25'). [Amd. Ord. 38-07 2/5/08]
b. Any part or parts of the side facades may be used t o meet this
requirement. [Amd. Ord. 38-07 2/5/08]
c. See illustration below: [Amd. Ord. 38-07 2/5/08]
d. If the entire building is set back an additional fi ve (5) feet from
the side, no offsets are required on that side. [Am d. Ord. 38-07
2/5/08]
3. Porches may be placed in the offset portion of t he front or side
facades, provided they are completely open except f or supporting
columns and/or railings. [Amd. Ord. 38-07 2/5/08]
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites within a
historic district for all development with regard t o its directional
character, whether vertical or horizontal. [Amd. Or d. 38-07 2/5/08]
4.4 - 14
(1) Architectural Style: All major and minor development shall consist of
only one (1) architectural style per structure or p roperty and not
introduce elements definitive of another style. [Amd. Ord. 38-07
2/5/08]
(m) Additions to Individually Designated Properties and to
Contributing Structures in all Historic Districts. Visual compatibility
shall be accomplished as follows: [Amd. Ord. 38-07 215108]
1. Additions shall be located to the rear or least pub lic side of a
building and be as inconspicuous as possible. [Amd. Ord. 38-07
2/5/08]
2. Additions or accessory structures shall not be loca ted in front of the
established front wall plane of a historic building . [Amd. Ord. 38-07
2/5/08]
3. Characteristic features of the original building sh all not be
destroyed or obscured. [Arad. Ord. 38-07 215/08]
4. Additions shall be designed and constructed so that the basic form
and character of the historic building will remain intact if the addition is
ever removed. [Amd. Ord. 38-07 2/5/08]
5. Additions shall not introduce a new architectural s tyle, mimic too
closely the style of the existing building nor repl icate the original design,
but shall be coherent in design with the existing b uilding. [Amd. Ord.
38-07 2/5/08]
6. Additions shall be secondary and subordinate to the main mass of
the historic building and shall not overwhelm the o riginal building.
[Amd. Ord. 38-07 2/5/08]
(9) Visual Compatibility incentives. In order to provide design flexibility for
residential structures, as defined by LDR Section 4 .5.1(E)(2)(a), that otherwise satisfy
the Visual Compatibility Standards outlined in Sect ion 4.5.1(E)(8), incentives for
development shall include the following: [Amd. Ord. 38-07 215/08]
(a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can
increase from two to one (2:1) to two to one and a half (2:1.5 ) for open air
spaces limited to; first or second floor front porc hes (separation must be
provided between floors), first or second floor sid e porches (separation
must be provided between floors), balconies, and ov erlooks with open
railings (see illustration below); and [Amd. Ord. 38-07 2/5/08]
4.5-5
SECTION 4.5.1 (E) (9) (a)
1 5 .L.Aat: t5;-.);
(b) Front Elevation: Up to twenty five percent (25%) of the front
elevation(s) can extend above the Building Height P lane (BHP) to a
maximum height of thirty five feet (35'), provided twenty five percent (25%)
or more of the front elevation(s) remains one (1) s tory as defined by LDR
Section 4.5.1 (E)(8)(a)(2). The total width of exte nsion shall not exceed
eighteen feet (18') along the front elevation(s). S ee illustration below.
[Mid. Ord. 38-07 215108]
FRDNT VI EW
S S
SIDE
CAN'.35,!?!.tOVE _
•1:11k:F
375 -. MAX.----
NOT EXC ED:. 35 .!
___ M131$1 aE LIN,DEA .
OFt M.D:R 4'F'03#
FA:CAD:E(S ) MUST REMAIN
I STORY
SECTION 4.5.1 (r)
(F) Restrictions on Demolitions: No structure within a Historic District or on a
Historic Site shall be demolished without first rec eiving a Certificate of Appropriateness
pursuant to Section 2.4.6(H). The Historic Preserva tion Board shall be guided by the
following in considering such a request. [Amd. Ord. 55-07 1/15108]
(1) The Historic Preservation Board upon a request for demolition by a
property owner, shall consider the following guidel ines in evaluating applications for a
certificate of appropriateness for demolition of de signated historic sites, historic
interiors, or buildings, structures, or appurtenanc es within designated historic districts;
(a) Whether the structure is of such interest or qualit y that it would
reasonably fulfill criteria for designation for lis ting on the national
register.
(b) Whether the structure is of such design, craftsmans hip, or material that
it could be reproduced only with great difficulty o r economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city .
(d) Whether retaining the structure would promote the g eneral welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of th e importance and
value of a particular culture and heritage.
(e) Whether there are approved plans for immediate reus e of the property
if the proposed demolition is carried out, and what effect those plans
will have on the surrounding area. [Amd. Ord. 55-07 11151081
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to d etermine the existence of such
hardship in accordance with the definition of undue economic hardship found in
Subsection (H).
(3) The Board's refusal to grant a Certificate of A ppropriateness requested by
a property owner for the purpose of demolition will be supported by a written statement
describing the public interest that the Board seeks to preserve.
4.5 - 7
SECTION 4.5.1 (F) (4)
(4) The Board may grant a certificate of appropriatenes s as requested by a
property owner, for demolition which may provide fo r a delayed effective date. The
effective date of the certificate will be determine d by the Board based on the relative
significance of the structure and the probable time required to arrange a possible
alternative to demolition. The Board may delay the demolition of designated historic
sites and contributing buildings within historic di stricts for up to six months while
demolition of non-contributing buildings within the historic district may be delayed for up
to three months.
(5) During the demolition delay period, the Board may t ake such steps as it
deems necessary to preserve the structure concerned . Such steps may include, but
are not limited to, consultation with community gro ups, public agencies, and interested
citizens, recommendations for acquisition of proper ty by public or private bodies, or
agencies, and exploration of the possibility of mov ing one or more structures or other
features.
(6) The Board may, with the consent of the property own er, request that the
owner, at the owner's expense, salvage and preserve specified classes of building
materials, architectural details and ornaments, fix tures, and the like for reuse in the
restoration of the other historic properties. The B oard may, with the consent of the
property owner, request that the Delray Beach Histo rical Society, or the owner, at the
owner's expense, record the architectural details f or archival purposes prior to
demolition. The recording may include, but shall no t be limited to photographs,
documents, and scaled architectural drawings to inc lude elevations and floor plans.
Two (2) copies of such recordings shall be submitte d to the City's Planning and Zoning
Department. One (1) to be kept on file and the othe r to be archived with the Delray
Beach Historical Society. At the Board's option, an d with the property owner's consent,
the Board or the Delray Beach Historical Society ma y salvage and preserve building
materials, architectural details, and ornaments, te xtures, and the like at their expense,
respectively. [Amd. Ord. 55-07 1115108]
(7) The owner shall provide the following information o n his/her application for
any contributing structure in a historic district o r individually designated historic
structure: [Amid. Ord. 55-07 1115/081
(a) A certified report from a registered architect or e ngineer which provides
documentation explaining that the building is struc turally unsound and
is damaged beyond the ability to repair it at a rea sonable cost. The
report must include photographs to substantiate the damage. [Amd.
Ord, 55-07 1115/08/
(b) A certified report from an engineer, architect, gen eral contractor, or
other qualified professional which documents the pr ojected cost of
repairing the structure and returning it to a safe and habitable condition.
[Amd. Ord. 55-07 1/15/081
SECTION 4.5.1 (F) (7 ) (c)
4.5 - 18
(c) An appraisal of the property in its current conditi on, its value as vacant
land and its potential value as a preserved and res tored historic
property. [Amd. Ord. 55-07 1115108]
(d) Documentation that reasonable efforts have been mad e to find a
suitable alternate location for the structure withi n the City of Delray
Beach to which the contributing/ individually desig nated historic
structure could be safely relocated. Valid. Ord. 55 -07 1/15/08]
(G) Unsafe Buildings: in the event the Chief Building Official determine s that any
structure within a designated historic site or desi gnated historic district is unsafe
pursuant to the applicable Code of Ordinances, the Chief Building Official will
immediately notify the Board of his findings. Where appropriate and in accordance with
applicable ordinances, the Chief Building Official will attempt to have the structure
repaired rather than demolished, and will take into consideration any comments and
recommendations by the Board. However, the provisio ns contained within division (A)
of this section shall not apply to the Chief Buildi ng Official's declaration that a building is
unsafe, nor will the Chief Building Official be pre cluded from taking whatever steps, as
may be required by applicable ordinances to protect the public health and safety of the
community. The Board may also endeavor to negotiate with the owner and interested
parties, provided such actions do no interfere with procedures in the applicable
ordinances.
(H) Undue Economic Hardship: In any instance where there is a claim of undue
economic hardship, the property owner may submit, w ithin a reasonable period of time,
prior to a meeting with the Board, the following do cumentation:
(1) For All Property:
(a) The amount paid for the property, the date of purch ase, and the party
from whom purchased;
(b) The assessed value of the land and improvements the reon, according
to the two most recent assessments;
(c) Real estate taxes for the previous two years;
(d) Annual debt service or mortgage payments, if any, f or the previous two
years;
(e) All appraisals, if any, obtained within the previou s two years by the
owner or applicant in connection with the purchase, financing, or
ownership of the property;
(f) Any listing of the property for sale or rent, price asked, and offers
received, if any; and
SECTION 4.5.1 (H) (1) (g)
4.5 - 8
(g) Any consideration by the owner as to profitable adaptive uses for the
property, including but not limited to possible fai r market rents for the
property if it were rented or leased in its current condition.
(2) For Income Property (Actual or Potential):
(a) The annual gross income from the property for the p revious two years,
if any;
(b) The annual cash flow, if any, for the previous two years; and
(c) The status of leases, rentals, or sales for the pre vious two years.
(3) An applicant may submit and the Board may requi re that an applicant
furnish additional information relevant to the Boar d's determination of any alleged
undue economic hardship. The Board may also require , in appropriate circumstances,
that information be furnished under oath.
(4) In the event that any of the required informati on is not reasonably available
to the property owner and cannot be obtained by the property owner, the property
owner shall file statement of the information which cannot be obtained and the reasons
why such information cannot be reasonably obtained. Where such unobtainable
information concerns required financial information , the property owner will submit a
statement describing estimates which will be as acc urate as are feasible.
(I) Historic Preservation Board to Act on Site Plans, L andscape Plans, and
Architectural. Elevations: Pursuant to the powers granted in Section 2.2.6(D), the
Historic Preservation Board shall act on all develo pment applications, within a Historic
District or on a Historic Site, subject to processi ng under Sections 2.4.5(F),(G),(H), and
(I) which otherwise would be acted upon by the Site Plan Review and Appearance
Board or the Planning and Zoning Board.
(J) Historic Preservation Board to Act on Variance Requ ests: Pursuant to the
powers granted in Section 2.2.6(D), the Historic Pr eservation Board shall act on all
variance requests, within a Historic District or on a Historic Site, which otherwise would
be acted upon by the Board of Adjustments. In actin g on such variance requests the
Board may be guided by the following as an alternat ive to the criteria normally used by
the Board of Adjustments. [And. Ord. 12-93 219193]
(1) That a variance is necessary to maintain the hi storic character of property
through demonstrating that:
(a) A variance would not be contrary to the public interest, safety, or
welfare.
SECTION 4.5 .1 (J) (1) (b)
4.5 - 20
(b) Special conditions and circumstances exist, because of the historic
setting, location, nature, or character of the land , structure,
appurtenance, sign, or building involved, which are not applicable to
other lands, structures, appurtenances, signs, or b uildings in the same
zoning district, which have not been designated as historic sites or a
historic district nor listed on the Local Register of Historic Places.
(c) Literal interpretation of the provisions of existin g ordinances would alter
the historic character of the historic district, or historic site to such an
extent that it would not be feasible to preserve th e historic character, of
the historic district or historic site.
(d) The variance requested is the minimum necessary to preserve the
historic character of a historic site or of a histo ric district. [Arad. Ord,
12-93 2/9/93]
(2) Or, as an alternative to subsection (i)(1), tha t a variance is necessary to
accommodate an appropriate adaptive reuse of a stru cture within a Historic District or
upon a Historic Site through demonstrating that:
(a) A variance would not be contrary to the public inte rest, safety, or
welfare.
(b) The variance would not significantly diminish the h istoric character of
the Historic District or Site.
(c) That the variance requested is the minimum necessar y to effect the
adaptive reuse of an existing structure or site. [A md. Ord. 12-93
219193]
(3) The Board shall otherwise follow all procedures and impose conditions as
required of the Board of Adjustments. [Arad. Ord. 1 2-93 219/93]
(K) Designation of Historic Sites: The following Historic Sites are hereby affirmed
or established:
(1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of
the West 110 feet of the South 100 feet, less the W est 10 feet of the Beach Lot 15,
Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43
East, Delray Beach, Palm Beach County, Florida. (Or iginal designation by Ordinance
17-90, May 22, 1990).
SECTION 4.5A (K) (2)
(2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South
Half of Lot 4 lying West of State Road MA, (less th e West 435.5 feet thereof, less the
West 25 feet thereof for road Right-of-way), that p art of the South 10 feet of Lot 3 and
the North Half of Lot 4 lying West of State Road Al A (less the West 25 feet thereof for
road Right-of-way), and Lot 3 (less the South 10 fe et thereof, less the West 25 feet
thereof for road Right-of-way) (less Right-of-way o f State Road AlA, missing from
original description) of Block E, Revised Plat of B locks D and E, Palm Beach Shore
Acres, Defray Beach, Palm Beach County, Florida as Recorded in Plat Book 7, Page
38, of the Public Records of Palm Beach County, Flo rida. And that part of the South 10
feet of Lot 3 lying East of the Right-of-way of Sta te Road AlA.
(3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2,
N.W. 5th Avenue. (Original designation by Ordinance 16 -89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W.
4th Avenue, located on Lot 7, Block 28, Delray Beac h. (Original designation by
Ordinance 17-89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th
Avenue, located on Lot 5, Block 27, Delray Beach (O riginal designation by Ordinance
18-89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE
275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Del ray Beach (Originally
designation by Ordinance 19-89)
(7) ST. MATTHEW EPISCOPAL CHURCH, 404 S,W. 3rd Street, located on
Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89)
(8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore
Acres, Lot 21, Block D, Delray Beach, Palm Beach Co unty [Amd. Ord. 29 -94 617/94
(9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet
of Lot 1, Block 84, Delray Beach, Palm Beach County .
(10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section
18, Township 46 South, Range 43 East, City of Defra y Beach (Original designation by
Ordinance 119-88)
(11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX,
located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and
Lots 22, 23, 24 and 25, inclusive, Block 108. And L ots 5, 6 and 7, Less 5 foot Road
RAW, Block 108, Town of Delray, with the designatio n pertaining to the buildings only
and not the grounds. ['kind. Ord. 22-91 3/26/91]
4.5 - 22
SECTION 4.5.1 (K) (12)
(12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF TH E
UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106,
Delray Beach, formerly Town of Linton, Palm Beach C ounty, Florida. [Amd. Ord. 68-94
10/18194].
(13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, locate d on Lots 5, 6
and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida. [Amd. Ord. 8-95 2/7195]
(14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5 1h Avenue, Delray
Beach, Florida; more particularly described as foll ows: south 12 feet of Lot 7 and Lot 8,
Melvin S. Burd Subdivision, as recorded in Plat Boo k 11, Page 73, of the Public
Records of Palm Beach County, Florida (154 N.W. 5 th Avenue). [Amd. Ord. 29-02
7/16/02]; [Amd. Ord. 9-95 2/7/95]
(15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lot s 12, 13, and 14,
Block 117, Delray Beach, formerly Town of Linton, P alm Beach County, Florida. [Amd.
Ord. 26-95 616195]
(16) THE MONTEREY HOUSE, 20 North Swinton Avenue, locate d on Lot 12,
Block 60, Delray Beach, formerly Town of Linton, Pa lm Beach County, Florida. [Amd.
Ord. 27-95 6/6/95]
(17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, loc ated south 50
feet of Lot 11, Block 60, Delray Beach, formerly To wn of Linton, Palm Beach County,
Florida, [Amd. Ord. 28-95 616195]
(18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beac h Lots
Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as
recorded in Plat Book 1, Page 25, of the Public Rec ords of Palm Beach County,
Florida. [Amd. Ord. 57-96 12/3/96]
(19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, loc ated on
a portion of the Trinity Evangelical Lutheran Churc h property at 400 North Swinton
Avenue, Delray Beach, Florida; more particularly de scribed as the East 1 /2 of Lot 12,
Section 8-46-43, Delray Beach, Palm Beach County, F lorida. The chapel is the only
building in the church complex receiving an histori c designation. The church complex is
located at the northwest corner of Lake Ida Road an d Swinton Avenue. [Amd. Ord. 26-
97 7/1/97)
(20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, D elray Beach,
Florida; more particularly described as the South 2 7.6 feet of Lot 5, less the West 5 feet
SR RNV, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat
Book 1 at Page 3 of the Public Records of Palm Beac h County, Florida. [Amd. Ord.
46-97 11/18/97
SECTION 4.5.1 (K) (21)
4.5 - 23
(21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach,
Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat
Book 21 at Page 15 of the Public Records of Palm Be ach County, Florida_ [Amd. Ord.
12-98 3/3/981
(22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURC H OF
DELRAY BEACH, located at 36 Bronson Street, Defray Beach, Florida ; more
particularly described as Lots 16, 17, 18 and 19, B lock 3, Ocean Park Subdivision, as
recorded in Plat Book 5 at Page 15 of the Public Re cords of Palm Beach County,
Florida. [Amd. Ord. 46-99 11116199]
(23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864 ), located at
East Atlantic Avenue and the Intracoastal Waterway i n the City of Delray Beach, Palm
Beach County, Florida. [Amd. Ord. 18-00 8/15/00]
(24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the
N.E. 8 th Street Bridge, (State Structure #930026), located at George Bush Boulevard
and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County,
Florida. [Arnd. Ord. 19-00 8/15/001
(25) THE WATER HOUSE, located at 916 and 918 Northeast 5 th Street, Delray
Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las
Palmas, Delray Beach, Florida, according to the Pla t thereof recorded in the Office of
the Clerk of the Circuit Court in and for Palm Beac h County, Florida, in Plat Book 10 at
Page 68. [Amd. Ord. 15-01 2/20/01]
(26) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach,
Florida, more particularly described as follows: Lo ts 1, 2, 3, 28 and 29, Block 10, Dell
Park, Defray Beach, Palm Beach County, Florida, acc ording to the Plat thereof,
recorded in Plat Book 8 at Page 56 of the Public Re cords of Palm Beach County,
Florida. [Amd. Ord. 27-02 7116/02]
(27) THE AMELUNG HOUSE, located at 102 NE 12 th Street, Delray Beach,
Florida, more particularly described as follows: Lo t 9, Block 6, Dell Park, according to
the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm
Beach County, Florida; said land situate, lying and being in Palm Beach County,
Florida. [Amd. Ord. 25-03 8/19/03]
(28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delra y
Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the
West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of
South half of East half of Lot 8, Section 8, Townsh ip 46 South, Range 43 East,
according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public
Records of Palm Beach County, Florida. [Amd. Ord. 71-04 1/4105]
SECTION 4.5.1 (K) (29)
4.5 - 24
(29) THE HARTMAN HOUSE, located at 302 N.E. 7 th Avenue, Delray Beach,
Florida, more particularly described as follows: Lo ts 13 and 14, Block 113, Highland
Park according to the map or plat thereof as record ed in Plat Book 2, Page 79, of the
Public Records of Palm Beach County, Florida. [Amd. Ord. 26-05 5131051
(30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue,
Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35
feet of Lot 22, Defray Beach Esplanade, according t o the plat thereof, as recorded in
Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Arad. Ord. 5005
7/19105]
(L) Designation of Historic Districts: The following Historic Districts are hereby
affirmed or established:
(1) NASSAU STREET which consists of Lots 2-19 of Nassau Park, as
recorded in Plat Book 16, page 67 of Palm Beach Cou nty, Florida; Lots 1-12 of
Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County,
Florida; and Block E, Lot 4 and Block F, Lot 1 of J ohn B. Reid's Village as recorded in
Plat Book 21, page 95 of Palm Beach County, Florida . (Original designation by
Ordinance 97-87 adopted on January 12, 1988) [Amd. Ord. 38-07 2/5/08]
(2) MARINA which consists of Block 125, excluding the south 350' o f the north
488.6' of the west 100' of Block 125, along with th at part of Block 133 lying west of the
Intracoastal Waterway, together with the east half of Block 118, along with all of Block
126, together with that portion of Block 134 lying west of the Intracoastal Waterway,
along with east half of Block 119, together with al l of Block 127, along with the east half
of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat
Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-
88 adopted on December 20, 1988) [Amd. Ord. 38-07 2/5/08]
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along wit h
Tracts A, B, and C DEL-1DA PARK, according to the P lat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beac h County, Florida recorded in Plat
Book 9 at Page 62 (Original designation by Ordinanc e 9-88 adopted on March 22,
1988)
(4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57
and Blocks 58-62, Blocks 65-70, the west half of Bl ocks 74 and 75, and Lots 1-6 of
Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County
Records. (Original designation by Ordinance 1-88 ad opted on February 9, 1988).
4.5 - 25
SECTION 4.5.1 (L) (5)
(5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr.
Boulevard (N.W. 2nd Street). The eastern boundary i s as follows: the alley running
north and south in Block 43; N.W. 3rd Avenue betwee n N.W. 1st Street and the east-
west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd
Avenue and the alley in Block 43; the east-west alle y in Block 36 and Block 28 and the
south property line of Lot 13, Block 20. The wester n boundary is the north-south alley
and the eastern one-half (1/2) of the block south o f the alley of Block 19; the north-
south alley in the north half of Block 20. [Amd. Ord. 38 -07 2/5/08]; [Amd. Ord. 6 -97
2/18/97]
(M) Tax Exemption for Historic Properties: [Amd. Ord. 50-96 11/19/96]
(1) The City Commission hereby creates a tax exempt ion for the restoration,
renovation or rehabilitation of qualifying historic properties designated in Section
4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad
valorem taxation levied by the City of Delray Beach on 100% of, the increase in
assessed value resulting from any renovation, resto ration or rehabilitation of the
qualifying property made on or after the effective date of this ordinance. [Amd. Ord.
10 -03 5/20/03]; [Amd. Ord. 50 -96 11119/96]
(2) The above exemption does not apply to: [Amd. Ord. 50 -96 11/19/96]
(a) Taxes levied for payment of bonds; [Amd. Ord. 50 -96 11/19196]
(b) Taxes authorized by a vote of the electors pursuant to Se ction 9(b) or
Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50 -96
11/19/96]
(c) Personal property. [Amd. Ord. 50-96 11/19/96]
(3) Duration of Tax Exemption: [Amd. Ord. 50-96 11/19196]
(a) The exemption period shall be for ten (10) years, b eginning January 1st
following the year in which final approval is given by the City
Commission and the Palm Beach County Property Appraiser has been
instructed to provide such exemption. However, the City Commission
shall have the discretion to set a lesser term. [Amd. Ord. 10 -03
5/20/03]; [Amd. Ord. 50 -96 11119/96]
(b) The term of the exemption shall be specified in the r esolution approving
the exemption and shall continue regardless of any changes in the
authority of the City to grant such exemption or chang e in ownership of
the property. To retain an exemption, the historic character of the
property and the improvements which qualified the p roperty for an
exemption must be maintained in their historic state over the period for
which the exemption was granted. [Amd. Ord. 50 -96 11/19196]
4.5 - 26
SECTION 4.5i (M) (4)
(4) Effective Date of Exemption: The effective date of the tax exemption
shall be January 1 of the year following the year i n which a historic preservation
exemption covenant is recorded and a copy of the Fi nal Application and resolution of
the City Commission, as approved, have been transmi tted to the Palm Beach County
Property Appraiser. [Amd. Ord. 50-96 11/19/96]
(5) Qualifying Properties and improvements: [Amd. Ord. 50-96 11/19196]
(a) The following real property in the City is qual ifying property for the
purposes of this ordinance if at the time the exemp tion is approved by
the City Commission, the property: [Amd. Ord. 50-96 11119/96]
(i) is individually listed in the National Register of Historic Places
pursuant to the National Historic Preservation Act of 1966, as
amended; or, [Amd. Ord. 50-96 11/19/96]
(ii) is a contributing property to a National Register-l isted district; or,
[Amd. Ord. 50-96 11119/96]
(iii) is designated as a historic property, or as a contr ibuting
property to a historic district, under the terms of the City's historic
preservation ordinance; and, [Amd. Ord. 50-96 11/19/96]
(iv) has been certified by the Historic Preservation Boa rd as
satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50-96 11/19/96]
(b) For an improvement to a historic property to qu alify the property for an
exemption, the improvement must: [Amd. Ord. 50-96 11/19/96]
(i) be consistent with the United States Secretary of t he Interior's
Standards for Rehabilitation, as amended; [Amd. Ord. 50-96
11/19/96]
(ii) be determined an improvement by the Historic Preser vation Board
as established in rules adopted by the Department o f State,
Division of Historical Resources, FAG 1A-38, as amen ded which
defines a real property improvement as changes in t he condition of
real property brought about by the expenditure of l abor and money
for the restoration, renovation, or rehabilitation of such property.
improvements shall include, but are not limited to: modifications,
repairs, or additions to the principal contributing building and its
associated accessory structures (i.e, a garage, cab ana, guest
cottage, storage/utility structures, swimming pools ), whether
existing or new, as long as the new construction is compatible with
the historic character of the building and site in terms of size, scale,
massing, design, and materials, and preserves the h istoric
SECTION 4.5.1 (M) (5 ) (b) (
4.5 - 27
relationship between a building or buildings, lands cape features,
and open space. The exemption does not apply to imp rovements
made to non-contributing principal buildings or the ir non-
contributing accessory structures. [Amd. Ord. 10-03 5/20/03];
[Amd. Ord. 50-96 11/19/96
(iii) be consistent with Section 4.5.1(E), "Development S tandards", of
the City's Land Development Regulations; and [Amd. Ord. 50-96
11119196]
(iv) include, as part of the overall project, visible im provements to the
exterior of the structure. [Amd. Ord. 50-96 11/19/9 6]
(6) Evaluation of Property Used for Government or Nonpr ofit Purposes:
[Amd. Ord. 50-96 11/19196]
(a) For purposes of the exemption under Section 196.199 8, Florida
Statutes, a property is being used for government o r nonprofit purposes
if the sole occupant of at least 65 percent of the useable space is an
agency of the federal, state or a local government unit or a nonprofit
organization certified by the Department of State u nder Section
617.0301, Florida Statutes. [Amd. Ord. 10-03 5/20/0 3]; [Amd. Ord.
50-96 11119196]
(b) For purposes of the exemption under Section 196.199 8, Florida
Statutes, a property is considered regularly and frequently open to the
public if public access to the property is provided not less than 12 days
a year on an equitably spaced basis, and at other t imes by
appointment. Nothing herein shall prohibit the owne r from charging a
reasonable nondiscriminatory admission fee, compara ble to fees
charged at similar facilities in the area. [Arad. O rd. 50-96 11119196]
(7) Application for Exemption: [Amd. Ord. 50-96 11119/96]
(a) Any property owner, or the authorized agent of the owner, that desires
an ad valorem tax exemption for the improvement of a historic property
must file a Tax Exemption Application with the Plan ning and Zoning
Department. The application shall be made on the tw o-part Historic
Preservation Property Tax Exemption Application, ap proved by the
State of Florida, Division of Historical Resources. Part 1 of the
application, the Construction Application, shall be submitted before,
during, or after qualifying improvements are initia ted and Part 2, the
Final Application/Request for Review of Completed Wo rk, shall be
submitted upon completion of the qualifying improve ments. The Final
Application shall contain the Historic Preservation Exemption
SECTION 4.5.1 (M) (7) (a)
4.5 - 28
Covenant, as provided for herein. [Amd. Ord. 10-03 5/20/03]; [Amd.
Ord. 50-96 11/19/96]
(8) Part 1, Construction Application: [Amd. Ord. 10-03 5/20/03]; [Amd,
Ord. 50-96 11/19/96]
(a) A Construction Application shall be filed with the Planning and Zoning
Department before, during, or after the qualifying project is constructed.
The Construction Application shall also contain inf ormation concerning
the estimated cost of the qualifying improvement an d be accompanied
by a copy of the most recent tax bill from the Palm Beach County
Property Appraiser for the property. Upon receipt o f the Construction
Application, the Historic Preservation Planner shal l review the
application and determine whether the application i s complete and
whether the property satisfies the requirements of Section 4.5.1(M)(5)
and is therefore eligible for review by the Histori c Preservation Board.
[Amd. Ord. 10-03 5/20/03];
(9) Review of Construction Application by the Historic Preservation
Board: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/191 96]
(a) The Historic Preservation Board shall review th e Construction
Application within 60 days of the Historic Preserva tion Planner's
determination of eligibility. The exterior portion of the work shall be
reviewed in accordance with the Certificate of Appr opriateness review
process simultaneously with the Part 1, Constructio n Application. If site
plan approval or a variance is required for the pro ject, the respective
applications shall be presented to the Historic Pre servation Board in
conjunction with the Certificate of Appropriateness review process. If
Part I of the Construction Application is submitted after the project has
been completed, the application must be submitted w ithin 18 months
from the date of issuance of a Certificate of Occup ancy. [Amd. Ord.
10-03 5/20/03]; [Amd. Ord. 50-96 11119/96]
(i) If the Historic Preservation Board determines that the work as
proposed is a qualifying improvement and is in comp liance with the
review standards contained in Section 4.5.1(E), the Construction
Application and, if applicable, the Certificate of Appropriateness
shall be approved by the Historic Preservation Boar d. [Amd. Ord.
10-03 5/20/03]; [Arnd. Ord. 50-96 11/19/96]
(ii) If the Historic Preservation Board determines that the work as
proposed is not a qualifying improvement or is not in compliance
with the review standards contained in Section 4.5.1(E), corrective
measures shall be prescribed by the Board. [Amd. Or d. 10-03
5/20/03]; [Amd. Ord. 50-96 11119/96]
SECTION 4.5.1 (M) (10)
4.5 - 29
(10) Part 2, Final Application/Request for Review of Com pleted Work:
[Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/9 6]
(a) if the Historic Preservation Board determines that the work is a
qualifying improvement and is in compliance with th e review standards
contained in Section 4.5.1(E), the Board shall appr ove the Final
Application/Request for Review of Completed Work an d the Historic
Preservation Planner shall issue a written order to the applicant. The
Historic Preservation Planner will inspect the comp leted work to verify
such compliance. The review of the Historic Preserv ation Board shall
be completed within thirty (30) days of the receipt of the completed
Final Application/Request for Review of Completed W ork as verified by
the Historic Preservation Planner. [Amid, Ord. 10-03 5/20/03]; [Amd.
Ord. 50 -96 11/19/96]
(b) The Final Application/Request for Review of Complet ed Work shall be
accompanied by documentation of the total expenditu res of the
qualifying improvements. Appropriate documentation may include, but
is not limited to, paid contractor's bills, NA Form s 702-704, canceled
checks, copies of invoices, and an approved buildin g permit application
listing the cost of work to be performed. Upon the receipt of a Final
Application/Request for Review of Completed Work an d all required
supporting documentations, the Historic Preservatio n Board shall
conduct a review at a regularly scheduled public me eting to determine
whether or not the completed improvements are in co mpliance with the
work described in the Construction Application, app roved amendments,
if any, and Section 4.5.1(E). After the above menti oned review, the
Historic Preservation Board shall recommend that th e City Commission
grant or deny the exemption. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord,
50-96 11/19/96]
(c) If the Historic Preservation Board determines that the work as
completed is either not a qualifying improvement or is not in compliance
with the review standards contained in Section 4.5.1(E), the applicant
shall be advised that the Final Application has bee n denied. The
Historic Preservation Planner shall provide a writt en summary of the
reasons for the determination to the applicant. [Amd. Ord. 10 -03
5/20/03]; [Amd. Ord. 50-96 11/19/96]
(11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 1003
5/20/03]; [Amd. Ord. 50-96 11/19/96]
(a) Any action taken by the Historic Preservation B oard is appealable to
the City Commission pursuant to Section 2.4.7(E), "Appeals'. [Amd.
Ord. 10 -03 5120/03]; [Amd. Ord. 50-96 11/19/96]
SECTION 4.5.1 (M) (12)
- 30
(12) Approval by the City Commission: [Amd. Ord. 10-03 5120/03]; [Amd.
Ord. 50-96 11119196]
(a) Upon approval of a Final Application/Request fo r Review of Completed
Work by the Historic Preservation Board, the Final Application shall be
placed by resolution on the agenda of the City Comm ission for
approval. The resolution of the City Commission app roving the Final
Application shall provide the name of the owner of the property, the
property address and legal description, a recorded restrictive covenant
as provided in Section 4.5.1(M)(13) in the official records of Palm
Beach County as a condition of receiving the exempt ion, and the
effective dates of the exemption, including the exp iration date. [Amd.
Ord. 10-03 5/20103]; [Amd. Ord. 50-96 11119/96]
(13) Historic Preservation Exemption Covenant: [Amd. Ord. 10-03
5/20/03]; [Amd. Ord. 50-96 11/19196]
(a) To qualify for an exemption, the applicant must sig n and return the
Historic Preservation Exemption Covenant with the F inal
Application/Request for Review of Completed Work. T he covenant as
established by the Department of State, Division of Historical
Resources, shall be in a form approved by the City o f Delray Beach
City Attorney's Office and applicable for the term for which the
exemption is granted and shall require the characte r of the property
and qualifying improvements to be maintained during the period that
the exemption is granted_ [Amd. Ord. 10-03 5120/03]; [Arnd. Ord. 50-
96 11119196]
(b) On or before the effective date of the exemption, t he owner of the
property shall have the covenant recorded in the of ficial records of
Palm Beach County, Florida, and shall cause a certi fied copy of the
recorded covenant to be delivered to the City's His toric Preservation
Planner. Such covenant shall be binding on the curr ent property
owner, transferees, and their heirs, assigns and su ccessors. A
violation of the covenant shall result in the prope rty owner being subject
to the payment of the differences between the total amount of the taxes
which would have been due in March of each of the p revious years in
which the covenant or agreement was in effect had t he property not
received the exemption and the total amount of taxe s actually paid in
those years, plus interest on the difference calcul ated as provided in
Sec. 212_12(3), Florida Statutes. [Amd. Ord. 10-03 5120103]; [Amd.
Ord. 50-96 11/19/96]
(14) Completion of Work: [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96
11/19/96]
4.5 - 31
SECTION 4.5.1 (M) (14) (a)
(a) An applicant must complete all work within two (2) years following the
date of approval of a Part 1 Construction Applicati on by the Historic
Preservation Board. A Construction Application shal l be automatically
revoked if the property owner has not submitted a F inal
Application/Request for Review of Completed Work wi thin two (2) years
following the date of approval of the Construction Application. [Amd.
Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196]
(b) The City Commission, upon the recommendation of the Historic
Preservation Board, may extend the time for complet ion of a
substantial improvement in accordance with the proc edures of the
City's Building Code. [Amd. Ord. 50-96 11/19/96]
(15) Notice of Approval to the Property Appraiser: [Amd. Ord. 10-03
5/20/03]; [Amd. Ord. 50-96 11/19/96]
(a) Upon the receipt of a certified copy of the recorde d restrictive covenant
by the Historic Preservation Planner, the Planner s hall transmit a copy
of the approved Final Application/Request for Revie w of Completed
Work, the exemption covenant and the resolution of the City
Commission approving the Final Application and auth orizing the tax
exemption to the Palm Beach County Property Apprais er. [Amd. Ord,
10-03 5/20/03]; [Amd. Ord. 50-96 11119/96]
(b) The resolution approving an historic tax exemption must be filed with
the Palm Beach County Property Appraiser on or befo re January 1st of
the year in which an exemption is requested. Theref ore, the Final
Application/Request for Review of Completed Work mu st be submitted
no later than November 1 st of the year the work was completed in order
to process the application for both the Historic Pr eservation Board and
City Commission approvals. If the Final Application /Request for
Review of Completed Work is not submitted by Novemb er 1 st of the
year the work was completed, the abatement will not take effect until
the following year of the date of submittal. [Amd. Ord. 10-03 5/20/03];
[Amd. Ord. 50-96 11119/96]
(16) Revocation Proceedings: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-
96 11/19/96]
(a) The Historic Preservation Board may initiate pr oceedings to revoke the
ad valorem tax exemption provided herein, in the ev ent the applicant,
or subsequent owner or successors in interest to th e property, fails to
maintain the property according to the terms, condi tions and standards
of the Historic Preservation Exemption Covenant. [A md. Ord. 50-96
11/19196]
4.5 - 32
SECTION 4.5.1 (M) (16) (b)
(b) The Historic Preservation Planner shall provide not ice to the current
owner of record of the property and the Historic Pr eservation Board
shall hold a revocation hearing in the same manner as in Section
4.5.1(M)(10), and make a recommendation to the City Commission.
[Amd. Ord. 10-03 5/20/03]; [Arad. Ord. 50-96 111191 96]
(c) The City Commission shall review the recommendation of the Historic
Preservation Board and make a determination as to w hether the tax
exemption shall be revoked. Should the City Commiss ion determine
that the tax exemption shall be revoked, a written resolution revoking
the exemption and notice of penalties as provided i n Paragraph 8 of the
covenant shall be provided to the owner, the Palm B each County
Property Appraiser, and filed in the official recor ds of Palm Beach
County. [Amd. Ord. 50-96 11/19/96]
(d) Upon receipt of the resolution revoking the tax exe mption, the Palm
Beach County Property Appraiser shall discontinue t he tax exemption
on the property as of January 1st of the year follo wing receipt of the
notice of revocation. [Amd. Ord. 50-96 11/19/961
Section 4.5.2 Noise Control: Any land use established within the City of Delray
Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of
Ordinances.
Section 4.5.3 Flood Damage Control Districts:
(A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote
the public health, safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provis ions designed to:
(1) Restrict or prohibit uses which are dangerous to he alth, safety, and
property due to water or erosion or in flood height s or velocities;
(2) Require that uses vulnerable to floods, including f acilities which serve these
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural flood plains, str eam channels, and natural
protective barriers which are involved in the accom modation of flood waters;
(4) Control filling, grading, dredging, and other devel opment which may
increase erosion or flood damage; and,
(5) Prevent or regulate the construction of flood barri ers which will unnaturally
divert flood waters or which may increase flood haz ards to other lands.
4.5 - 32
EXHIBIT "C"
The Secretary of the Interior's Standards for
Rehabilitation
The Secretary of the interior's Standards for Rehabi litation are ten basic principles
created to help preserve the distinctive character of a historic building and its site, while
allowing for reasonable change to meet new needs. T he Standards (36 CFR Part 67)
apply to historic buildings of all periods, styles, types, materials, and sizes. They apply
to both the exterior and the interior of historic b uildings. The Standards also encompass
related landscape features and the building's site and environment as well as attached,
adjacent, or related new construction.
1. A property shall be used for its historic purpose o r be placed in a new use
that requires minimal change to the defining charac teristics of the building and its site
and environment.
2. The historic character of a property shall be retai ned and preserved. The
removal of historic materials or alteration of feat ures and spaces that characterize a
property shall be avoided.
3. Each property shall be recognized as a physical rec ord of its time, place,
and use. Changes that create a false sense of histo rical development, such as
adding conjectural features or architectural elemen ts from other buildings, shall not
be undertaken.
4. Most properties change over time; those changes tha t have acquired historic
significance in their own right shall be retained a nd preserved.
5. Distinctive features, finishes, and construction te chniques or examples of
craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired ra ther than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, textu re, and other visual qualities and,
where possible, materials. Replacement of missing fe atures shall be substantiated
by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasti ng, that cause damage
to historic materials shall not be used. The surfac e cleaning of structures, if
appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a p roject shall be
protected and preserved. If such resources must be disturbed, mitigation measures
shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not
destroy historic materials that characterize the pr operty. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic inte grity of the property and its
environment.
10.New additions and adjacent or related new constr uction shall be undertaken in
such a manner that if removed in the future, the es sential form and integrity of the
historic property and its environment would be unim paired.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Planning and Zoning Director
THROUGH:City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 9.B.1 - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION BOARD'S
DECISION/WAIVER REQUEST
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of an appeal of an Historic Preservation
Board (HPB) decision made on August 21, 2011. The H PB’s motion to approve the waiver of required
parking spaces at 85 SE 6th Avenue failed on a 0-5 vote, based upon a failure to make positive
findings under LDR Section 4.5.1(E)(3)(b)2.
BACKGROUND
At its meeting of October 4, 2011, the City Commiss ion considered the subject appeal and tabled the
item so that additional background information and clarification could be provided by Staff
regarding Code violations and the illegal conversio n of the garage to office use, and the Code
Enforcement Board case which was resolved in 2003. A summary of the longstanding history of
outstanding permits, the code case, and multiple si te plan applications submitted for HPB review is
below.
In researching our files, a Class V site plan was s ubmitted in 1995 for conversion of the principal
structure (Blank House) to retail use; conversion o f the garage to office use, construction of a 9 spa ce
pea rock parking area at the SW corner of the site; and additional site improvements. The request was
approved by the Historic Preservation Board (HPB) o n August 16, 1995 (valid through February 1997),
and it was noted that this approval was for a conve rsion that had already occurred without permits, an d
without the provision of required parking. No site improvements were installed and the site plan
approval expired in February 1997. On March 17, 200 0, a building permit application was submitted to
convert the garage space to office and to construct associated site improvements (parking lot, etc.). As
the original site plan approval had expired in Febr uary, 1997, a new site plan approval was required. On
December 12, 2000 a Class III site plan modificatio n was submitted for conversion of the garage into
two offices (already established), installation of outdoor dining and an exterior staircase for the Bl ank
House, and construction of 8 asphalt parking spaces at the SW corner of the lot, and one handicap spac e
at the North side of the lot. A building permit was submitted on December 19, 2001 (01-77442) for the
conversion from garage to office and related site i mprovements. This permit request did not include th e
garage door replacement with French doors done in 1 995.
On January 18, 2001, a code violation was issued (C EB-01-77906) for conducting work without a
permit (changing the garage doors to French doors). As the applicant was seeking site plan approval
(per the December 12, 2000 submittal noted above) f or the use conversion, it appears that the citation
was limited to the physical work which had been don e without a permit. The Class III site plan
modification request submitted on December 12, 2000 was approved at the HPB meeting of May 2,
2001. This site plan was not certified (conditions of approval had not been addressed) and the permit
was not issued. The improvements were not construct ed and the Class III site plan approval of May,
2001 expired on November 2, 2002. As no action was taken by the applicant to get a permit for the
conversion of the doors, a code enforcement lien wa s recorded on April 18, 2002.
A new Class III site plan modification and COA appl ication (2003-052 SPM) were submitted on
November 22, 2002, which included the conversion of the garage into offices and associated site
improvements (including parking). This was approved subject to conditions on March 19, 2003. The
Class III site plan modification was certified on June 3, 200 3, and building permits were issued on
August 6, 2003 (01-77442).
As the French doors were now included in the improv ements on the permit, the citation issued by the
Code Enforcement Division (work constructed without a permit) was satisfied and a letter was sent to
the applicant on August 15, 2003. The lien amount w as considered by Code Enforcement on October
14, 2003 and reduced. This reduced lien was paid on November 13, 2003 and the code enforcement lien
against the property was removed.
On December 5, 2003, a COA and Class II Site Plan M odification (COA 2004-076-SPI-CL2) was
submitted. This request included an English Rose Ga rden and fountain in place of the parking lot and a
request to replace the 9 spaces with 6 in-lieu parking spaces. A reduction to 6 spaces from 9 was
requested as the apartment conversion, originally p art of the 1995 approval, was never implemented.
A revision to building permit number 01-77442 was f iled on December 29, 2003 to “change parking lot
to English Rose Garden and walk path”. The permit was put on hold pending Class II site pl an approval
(submitted on December 5, 2003) which was scheduled for HPB consideration on January 7, 2004. The
item was tabled by HPB at this meeting due to conce rns over the elimination of the parking spaces. The
HPB approved the Class II modification at its meeti ng of March 4, 2004 and recommended approval of
the purchase of 6 in-lieu of parking spaces.
The request for 6 in-lieu of parking spaces was reviewed by the City Com mission at 4 separate meetings
with a final approval granted for the purchase of 2 in-lieu parking with 4 additional new spaces for a
total of 7 spaces to be provided on site. The Class II site plan modification expired in August of 200 5, as
revised plans were never submitted for certificatio n, and the in-lieu fees were never paid. As a result,
the revision to permit 01-77442, submitted on December 29, 2003, was never is sued, and the permit file
was closed out on July 24, 2008 due to no activity.
At its August 21, 2011 meeting, the HPB reviewed ye t another attempt after 16 years to address the
office conversion. This request was to waive all re quired parking (6 spaces) for the office space
conversion. This request was not supported and the appeal of that denial is now before the City
Commission.
WAIVER:
Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers m ay be granted by the Historic Preservation Board
for relief from the number of parking spaces requir ed in Section 4.6.9 upon presentation of confirmati on
that adequate parking for a proposed use may be ach ieved by alternate means which are found to be in
keeping with the provisions and intent of the Delra y Beach Historic Preservation Design Guidelines.
As required above, confirmation that adequate parki ng can be achieved by alternate means has not been
presented. Past site plan submittals have been appr oved which adequately provided the required amount
of parking and were found to be appropriate and com patible to the historic property. Further, in 2004,
additional options were approved to provide for a p ortion of the parking on-site and a portion via in-
lieu. None of these options were followed up on or completed.
Waiving the required parking spaces altogether will have the potential to adversely affect the
neighboring area in that the required parking for t his private project will utilize public parking spa ces,
thereby reducing the number of public spaces availa ble for other users.
In addition to the above, it should be considered t hat while relief may be granted to the amount of
required parking spaces, the intent of this “benefi t” afforded to historic properties is not to excuse th e
provision of all parking but to provide alternative s. Otherwise, one could conclude that all parking o n
historic properties converted to office use is not necessary.
It is noted that the parking requirement currently being applied is significantly less than the curren t code
requirement. To understand the intensity of the use s on the site, and what their parking requirement
would be if the site had to comply with today’s parking requirement, the following is noted. The
required parking for each individual use would be: office-4, restaurant-13, multi-family residence-7, for
a total of 24 spaces. The mixed-use parking calculation would require that twenty (20) spaces be
provided, plus the two (2) spaces eliminated from t he garage conversion to office. Utilizing the old c ode
requirements requires that only nine (9) parking sp aces be provided (3 existing and 6 for the garage
conversion).
The current request is to legally establish the con version of the garage to office use, and to complet ely
waive the required six (6) parking spaces. The subj ect request is not supported by Staff nor has it
received support from any of the other reviewing Boards. If Commission finds that the most appropriate
manner in which to maintain the historic integrity of the site is to not physically provide any parkin g
spaces, then Staff recommends that the property own er be required to make payment of all required
spaces (6) via the in-lieu of parking process. This alternative would be the fair approach given that other
historic properties converted to commercial use hav e been obligated to account for their required
parking through the available and appropriate optio ns, including the in-lieu program.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011
meeting, where they recommended denial of the waive r to the required parking. The Board also
requested that the item return for further review w hen “a solution is worked out.”
The Downtown Development Authority (DDA) considered the subject request at its March 14, 2011
meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the
required spaces. Direction was given to the applica nt to work out an alternative approach with Staff, and
return to the DDA for further review.
The Parking Management Advisory Board (PMAB) consid ered the subject request at its June 28, 2011
meeting, where a motion to recommend approval of th e waiver to the required parking was denied. The
Board suggested that the applicant work with Staff and accommodate three (3) spaces on site and
provide the balance either through an off-site park ing agreement, or via the in-lieu of parking fee.
RECOMMENDATION
Deny the appeal, thereby upholding the Historic Pre servation Board’s action of denial.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 85 SE 6 TH AVENUE
1. This waiver request came before the City Commission on November 15,
2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request to reduce the
required parking for 85 SE 6 th Avenue from six (6) spaces to zero (0) spaces. All of th e
evidence is a part of the record in this case. Required findings are made in accordance
with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g 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 p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on ot her
property for another applicant or owner.
A. Pursuant to LDR Section 4.5.1(E)(3)(b)2, waivers m ay be granted by the
Historic Preservation Board for relief from the number of parking spaces required in
Section 4.6.9 upon presentation of confirmation that a dequate parking for a proposed
use may be achieved by alternate means which are found to be in keeping with the
provisions and intent of the Delray Beach Historic Preser vation Design Guidelines.
As provided for in the referenced Section above, the applicant has requested a
waiver to the provision of the six (6) required parkin g spaces. The following is an
excerpt from the attached waiver justification statement provided with the request:
“Adequate parking…can be…achieved by alternate means whi ch are consistent
with the provisions and intent of the Delray Beach Hist oric Preservation Design
Guidelines…Thus, the owner is seeking to maintain the hist oric integrity of the site by
allowing the property to exist with 3 spaces on the Pro perty.
2
…the disruption of existing open spaces to provide other wise underutilized
parking would undermine the intent of Ordinance 38-07 and Future Land Use Policy A-
4.2, which mandates that redevelopment shall provide f or the preservation of existing
resources.”
Does the waiver to Section 4.5.1(E)(3)(b)2 to allow a reduction in parking
from six (6) spaces to zero (0) spaces meet all of t he requirements of
2.4.7(B)(5)?
Yes _______ No _______
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the waiver request to LDR Section 4.5.1(E)(3)(b)2.
6. Based on the entire record before it, the City C ommission hereby adopts
this Order this 15th day of November, 2011, by a vote of _____ in favor and ____
opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:November 7, 2011
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
SPECIAL EVENT REQUEST/FASHION ON THE AVENUE
ITEM BEFORE COMMISSION
Commission is requested to consider approval of a s pecial event permit for Fashion on the Avenue,
proposed to be held on January 26, 2012 from 8:00 p .m. to 9:30 p.m., sponsored by Luxe Partners, Inc.
and supported by the Downtown Development Authority . Commission is also requested to grant a
temporary use permit per LDR’s Section 2.4.6(F) for the closure and use of Atlan tic Avenue from
Swinton to the west side of NE/SE 5 th Avenue from 4:00 p.m. until 11:00 p.m., and use of the Hands lot
for crew and models and to provide staff assistance for traffic control and security, barricading, ban ner
hanging and use of a portable generator.
BACKGROUND
Attached are a special event permit, site plan, bud get and economic calculator for this event received
from Marjorie Ferrer on behalf of Luxe Partners, In c. This will be a fashion show event to promote
economic development for downtown merchants. The ev ent sponsor will be responsible for event
management and coordination with businesses, entert ainment and site set up on Atlantic Avenue and
cleanup.
The estimated overtime cost for this event is $3,05 0 and barricade rental is $150 for a total cost of
$3,200. The event producer is responsible for payin g 100% of all City costs per Special Event Policies
and Procedures.
RECOMMENDATION
Staff recommends approval of the event, temporary u se permit, and staff support as requested with the
following conditions:
1. Receipt of a Certificate of Liability Insurance by 1/12/12.
2. Receipt of a Hold Harmless Agreement by 1/12/12.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 8, 2011
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Green Implementation Advancement
Board.
BACKGROUND
There is a vacancy on the Green Implementation Adva ncement Board for a regular member due to the
resignation of Ms. Rita Johnson.
The term is unexpired ending July 31, 2012. On June 2, 2009, the Delray Beach City Commission
adopted Resolution No. 24-09 establishing the Green Task Force for the purpos e of making
recommendations to the City Commission regarding wa ys to improve the environmental sustainability
of City programs, services, equipment and facilitie s; strategies for improving the environmental
sustainability of the community; incentives for res idents, businesses, and organizations to practice
environmental conservation including recycling; pro posed means to enhance water and energy
conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered fo r
implementation in Delray Beach, including long-term strategies; and proposed revisions to City
ordinances to address Green technologies. The Comm ission later amended the number of board
members and changed the board's name to the Green I mplementation Advancement Board.
The Green Implementation Advancement Board shall co nsist of seven (7) regular members and two (2)
alternate members. All members shall have expertise or an interest in environmental conservation and
sustainability and shall be residents of or own pro perty in the City, own a business within the City, or be
an officer, director or manager of a business locat ed within the City.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit A attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one
(1) regular member to serve an unexpired term endin g July 31, 2012.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Green Implementation
Advancement Board for an unexpired term ending July 31, 2012.
10/11 GREEN IMPLEMENTATION ADVANCEMENT BOARD
TERM EXPIRES NAME & ADDRESS OCCUPATION
07/31/2012
Appt 08/04/09
Reappt 07/20/10
Ana DeMelo
Project Manager/Civil
Engineering
07/31/2013
Appt 08/04/09
Reappt 06/21/11
David Hawke, Chair
Architect
07/31/2012
Unexp Appt
Vacant
07/31/2012
Appt 08/04/09
Reappt 07/20/10
Jayne King, Vice Chair
Master
Gardener/Educator
07/31/2013
Unexp Appt 04/05/11 reg
Unexp Alt 03/02/10
Reappt 06/21/11
Stephanie “Chloe” Bedenbaugh
Human Resources
07/31/2012
Unexp Appt 06/21/11
Michael Marcus
Recycling-Managing
Partner
07/31/2013
Unexp Appt 04/21/11
Reappt 07/05/11
Jeff Benavides
Sustainability Project
Manager
ALTERNATE
MEMBERS
07/31/2013
Unexp 05/03/11
Reappt 06/21/11
Yalmaz Siddiqui
Environmental Strategy
Advisor
07/31/2013
Appt 07/20/10 reg
Appt 08/16/11 alt
Laura Reines
Director/Special Events
Coordinator
S/City Clerk/Board 11/Green Implementation Advancem ent Board
CITY REPRESENTATIVE: Randal Krejcarek 243-7322
Richard Reade 243-7009
GREEN IMPLEMENTATION ADVANCEMENT BOARD
EXHIBIT A
Isabelle Alarie Landscape Architect-Principal (currently servi ng on the Board of
Adjustment)
Alberto Chuecos Director of Operations
Jeffrey Conley Architecture/Engineering-Principal
Lillian Stajnbaher Ecologic Advisor-Managing Principal
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
APPOINTMENTS TO THE EDUCATION BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Education Board.
BACKGROUND
There are vacancies on the Education Board for regu lar members due to the resignation of Ms. Sandra
Weatherspoon and Ms. Lydia Carreiro. The terms are unexpired ending July 31, 2012, and July 31,
2013.
Members of the Education Board must be a resident o f the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include pers ons with a background in business, real estate
and/or education.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one
(1) regular member to serve an unexpired term endin g July 31, 2012 and Mayor McDuffie (Seat #5) for
one (1) regular member to serve an unexpired term e nding July 31, 2013.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve on the Eduation Board for unexpired
terms ending July 31, 2012, and July 31, 2013.
10/11 EDUCATION BOARD
TERM EXPIRES NAME & ADDRESS OCCUPATION
07/31/2013
Appt 07/05/11
LeAnne DeRigne
Educator
07/31/2012
Unexp Appt 04/21/11
Jose Herrera
Special Events Coordinator
07/31/2012
Appt 07/15/08
Reappt 07/20/10
Derline Pierre-Louis, Vice Chair
President/Plan & Budget
Reviewer
07/31/2012
Unexp Appt 10/19/10
Amanda Orndorff
Educator
07/31/2012
Appt 07/20/10
Debra Kaiser
Senior Director
07/31/2012
Unexp Appt
Vacant
7/31/2013
Unexp Appt
Vacant
07/31/2013
Appt 08/02/11
Shannon Schwartz
Educator
07/31/2013
Appt 06/21/11
Isabel Make
Educator/Consultant
07/31/2013
Appt 08/02/11
Lee Cohen
Educator
07/31/2013
Unexp Appt 12/07/10
Reappt 06/21/11
Myra Leavy Bazemore
Educator
STUDENT MEMBERS (one term limit)
7/31/2013
Appt 06/21/11
2 YEAR TERM
Madison Aracri
Student
7/31/2012
Appt 07/19/11
1 YEAR TERM
Trevis Pridgen
Student
CITY REPRESENTATIVE: Janet Meeks – Education Coordinator 243-7231
COMMISSION LIAISON:
EDUCATION BOARD
EXHIBIT A
Mary-Elizabeth Cohn Education/Sales & Consultant
Claudia Flores Banking-Assistant Vice President
Julia Kadel Director of Admissions
Sandra Owens Educator
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
RESOLUTION NO. 49 -11/FIRE ASSESSMENT FEE
ITEM BEFORE COMMISSION
Approval of Resolution No. 49-11, allowing for a fire assessment fee, if adopted, to be collected for a
portion of fiscal year 2012, and to be placed on th e property tax bill for the fiscal year beginning
October 1, 2012.
BACKGROUND
The City is required to adopt a resolution to allow for the billing of a fire assessment fee on the pr operty
tax bills as a non-ad valorem assessment for fiscal year 2013. By adop ting the resolution the City is not
required to proceed forward with the fire assessmen t fee, but this step must be completed prior to
January 1 if the City wishes to place the fee on th e Palm Beach County non-ad valorem assessment roll.
This resolution also authorizes an assessment for f ire-rescue services for a portion of fiscal 2012 which
will be billed and collected by the City.
RECOMMENDATION
Staff recommends approval of Resolution 49-11.
RESOLUTION NO. 49-11
A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA
ELECTING TO USE THE UNIFORM METHOD OF COLLECTING
NON-AD VALOREM ASSESSMENTS LEVIED WITHIN THE
INCORPORATED AREA OF THE CITY STARTING FISCAL YEAR
2013 AND COLLECTING NON-AD VALOREM ASSESSMENT FOR A
PORTION OF FISCAL YEAR 2012 UNDER FLORIDA STATUTE
SECTION 170.201; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , the City of Delray Beach, Florida (the “City”) is contemplating the
imposition of non-ad valorem assessments for the provisio n of fire rescue services; and
WHEREAS , the City intends to use the uniform method for co llecting non-ad
valorem assessments for the cost of providing fire rescue services to property within the
incorporated area of the City as authorized by sect ion 197.3632, Florida Statutes, as
amended, because this method will allow such non-ad valorem assessments to be collected
annually commencing October 1, 2012, in the same ma nner as provided for ad valorem
taxes; and
WHEREAS , the City intends to collect non-ad valorem assess ments for the cost of
providing fire rescue services to property within t he incorporated area of the City as
authorized by section 170.201, Florida Statutes, as amende d, for a portion of fiscal year 2012;
and
WHEREAS , the City held a duly advertised public hearing pr ior to the adoption of
this Resolution, proof of publication of such hearing bein g attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . Commencing with the fiscal year beginning on Octo ber 1, 2012, and
with the tax statement mailed for such fiscal year and continuing thereafter until
discontinued by the City, the City intends to use t he uniform method of collecting non-ad
valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for
collecting non-ad valorem assessments for the cost of providing fire rescue services. The
City intends to collect non-ad valorem assessments for the cost of providing fire rescue
services for a portion of fiscal year 2012 as autho rized by section 170.201, Florida Statutes,
as amended. Such non-ad valorem assessments shall b e levied within the incorporated area
of the City. A legal description of such area subje ct to the assessment is attached hereto as
Exhibit B and incorporated by reference.
Section 2 . The City hereby determines that the levy of the a ssessments is
needed to fund a portion of the cost of fire rescue services within the incorporated area of
the City.
Section 3 . Upon adoption, the City Clerk is hereby directed to send a copy of
this Resolution by United States mail to the Florida Departm ent of Revenue, the Palm Beach
County Tax Collector, and the Palm Beach County Property Ap praiser by January 10, 2012.
Section 4 . This Resolution shall be effective upon adoption.
2
Res No. 49-11
PASSED AND ADOPTED in regular session on the _____ day of ______________,
2011.
_________________________________
M A Y O R
Attest:
____________________________
City Clerk
3
Res No. 49-11
EXHIBIT A
PROOF OF PUBLICATION
[INSERT PROOF OF PUBLICATION]
4
Res No. 49-11
EXHIBIT B
LEGAL DESCRIPTION
[INSERT LEGAL DESCRIPTION]
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 11, 2011
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 37 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing of a city-initiated amendment to the Land
Development Regulations (LDRs) that will amend prov isions in the Flood Damage Control Districts.
BACKGROUND
At the first reading on November 1, 2011, the Commi ssion passed Ordinance No. 37-11.
RECOMMENDATION
Recommend approval of Ordinance No. 37-11 on second and final reading.
ORDINANCE NO. 37-11
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 SECTION 4.5.3, “FLOOD
DAMAGE CONTROL DISTRICTS”, SUBSECTION (D)
“CONSTRUCTION STANDARDS”, TO MODIFY THE SECTION
WHILE MAINTAINING COMPLIANCE WITH STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in
1968; and
WHEREAS, the NFIP enables property owners in partic ipating communities to purchase
insurance protection from the government against losses fr om flooding; and
WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities to adopt by
ordinance an administrative or technical amendment to the Florida Building Code relating to flood
resistance in order to implement the NFIP or incentives; and
WHEREAS, consistent with 44 C.F.R. §60.6, an admini strative amendment may assign the
duty to enforce all or portions of flood-related co de provisions to the appropriate agencies of the
local government and adopt procedures for variances and exceptions from flood-related code
provisions other than provisions for structures seaward o f the coastal construction control line; and
WHEREAS, the City of Delray Beach desires to modify Section 4.5.3 while maintaining
compliance with NFIP, Federal Emergency Management Act, and the Community Rating System;
and,
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 19, 2011 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determine d that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Pla n; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
2 ORD. NO. 37-11
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated he rein.
Section 2 . That Article 4.5, “Overlay and Environmental Man agement Districts”, Section
4.5.3, “Flood Damage Control Districts”, Subsection (D) “Construction Standards” of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
(D) Construction Standards :
(1) General : In all areas of special flood hazard, the following provisi ons apply:
(a) The lowest floor elevation for all new construction and substantial
improvements in the special flood hazard areas for residential and
commercial structures, mechanical equipment, utilit y areas, or any
enclosed area including basements and attached garages must be raised
12” above the Base Flood Elevation (BFE), or must b e provided with
flood proofing per FEMA standards.
(a) (b) All new construction and substantial improvements shall be anchored
to prevent floatation, collapse, or lateral movement of th e structure.
(b) (c) All new construction and substantial improvements shall be
constructed with materials and utility equipment re sistant to flood
damage.
(c) (d) All new construction or substantial improvements s hall be constructed
by methods and practices that minimize flood damage.
(d) (e) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(e) (f) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
3 ORD. NO. 37-11
(f) (g) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(g) (h) Any alteration, repair, reconstruction, or improve ments to a structure
on which the start of construction was begun after May 8, 1978, shall
meet the requirements of new construction as contai ned in this
chapter.
(h) (i) Manufactured homes shall be anchored to prevent fl oatation, collapse,
or lateral movement. Method of anchoring may includ e, but is not
limited to, use of over-the-top or frame ties to gr ound anchors. This
standard shall be in addition to and consistent wit h applicable
requirements for resisting wind forces.
(i) (j) All mechanical, electrical and plumbing equipment must be located at
or above the BFE. This includes all heaters, air c onditioners,
compressors, fans, hot water heaters, laundry facil ities, plumbing
fixtures, etc.
(j) (k) Where enclosed space occurs below the BFE, opening s are required to
allow for automatic entry and exit of flood waters. FEMA requires a
minimum of two (2) openings having a total new area not less than
one (1) square inch per one (1) square foot of encl osed area. All
openings shall be one (1) foot above adjacent grade.
(k) (l) Louvers, screens, or other opening covers shall no t block or impede
the automatic flow of floodwaters into and out of the enclose d areas.
(l) (m) Openings meeting the requirement of (k) (j) and (l) (k) above may be
installed in doors. Doors by themselves do not mee t the flood venting
requirements.
(2) Mapped Areas : In all areas of special flood hazard where base fl ood elevation
data has been provided on FEMA Maps, the following provision s apply:
(a) Residential Construction : New construction or substantial
improvement of any residential structure shall have the lowest floor,
(as defined in Appendix “A” to these LDRs), includi ng basement,
elevated to or above base flood elevation.
(b) Nonresidential Construction: New construction or substantial
improvement of any commercial, industrial, or other nonresidential
4 ORD. NO. 37-11
structure shall either have the lowest floor, (as d efined in Appendix
“A” to these LDRs), including basement, elevated to the level of the
base flood elevation or, together with attendant ut ility and sanitary
facilities, be flood-proofed so that below the base flood level the
structure is watertight with walls substantially im permeable to the
passage of water and with structural components hav ing the capability
of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
(3) Subdivisions : All subdivision proposals shall
(a) Be consistent with the need to minimize flood damage;
(b) Have public utilities such as water, gas, sewer, an d electrical systems
located and constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood hazards;
(d) Provide base flood elevations in all cases where a plat involves five
acres of land or fifty dwelling units.
Section 3. That should any section or provision of this ordi nance or any portion thereof,
any paragraph, sentence, or word be declared by a c ourt of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remai nder hereof as a whole or part thereof other than t he
part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in con flict herewith be, and the same
are hereby repealed.
Section 5 . That this ordinance shall become effective immed iately upon its passage on
second and final reading. The Clerk shall provide a copy of the adopted ordinance to the Florida
Building Commission within thirty (30) days of passage on se cond and final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the _____
day of ___________________, 20___.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
5 ORD. NO. 37-11
First Reading__________________
Second Reading________________
Coversheet
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5 084&MeetingID=335[11/11/2011 12:39:39 PM]
MEMORANDUM
TO:Mayor and City Commissioners
FROM:MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 37-11
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land De velopment Regulations (LDRs) that will
amend provisions in the Flood Damage Control Districts.
BACKGROUND
On January 11, 2011, Ordinance No. 02-11 was adopted by City Commission to amend the
Flood Damage Control Districts regulations. The major compon ent of that ordinance (which is
the subject of this text amendment) was to require t hat the “lowest floor elevation be raised
twelve inches (12”) above the Base Flood Elevation (BFE) for all new construction and
substantial improvements in the special flood hazard a reas for residential and commercial
structures, mechanical equipment, utility areas, or any enclosed area including basements
and attached garages, or that it must otherwise be provided with flood proofing per FEMA
standards.” This recently adopted language has create d significant obstacles and has
presented unintended consequences to construction acti vities. It has further been learned
that while once thought to be mandates from the State that required our Land Development
Regulations to be updated, we now know that the previou sly adopted amendments were
optional. Accordingly, this text amendment will remove the language that has been
problematic.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at the ir September 19, 2011 meeting and
a unanimous recommendation of approval was made.
RECOMMENDATION
By motion, approve Ordinance No. 37-11 on first reading for a city -initiated amendment to
the Land Development Regulations, by adopting the find ings of fact and law contained in the
staff report and finding that the amendment is consistent wit h the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the La nd Development Regulations.
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: SEPTEMBER 19, 2011
AGENDA NO: VI. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED A MENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.5.3, FLOOD DAMAGE CONTROL DISTRICTS, SUBSECTION D
CONSTRUCTION STANDARDS.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to the Land Development Reg ulations (LDRs) that amends provisions
in the Flood Damage Control Districts.
Pursuant to Section 1.1.6, an amendment to the text o f the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
Amendments to Section 4.5.3, Flood Damage Control Di stricts, were recommended by the
Planning and Zoning Board on December 20, 2010 and su bsequently approved by City
Commission by Ordinance 02-11 on January 18, 2011. The purpose was to bring the
regulations into compliance with State requirements. The amendment generally dealt with
mechanical, electrical and plumbing equipment; required openings for enclosed spaces to allow
for flow of floodwaters; and included mention of louv ers, screens, door openings and required
dimensions.
However, the major component of the previously adopted ordinance (which is the subject of this
text amendment) was to require that the “lowest floor elevation be raised twelve inches (12”)
above the Base Flood Elevation (BFE) for all new const ruction and substantial improvements in
the special flood hazard areas for residential and comme rcial structures, mechanical equipment,
utility areas, or any enclosed area including basements and attached garages, or that it must
otherwise be provided with flood proofing per FEMA st andards.” This recently adopted
language has created significant obstacles and has presente d unintended consequences to
construction activities. It has further been learned tha t while once thought to be mandates from
the State that required our Land Developments to be updated, we now know that the previously
adopted amendments were optional . Accordingly, this text amendment will remove only t he
language that has been problematic.
Following are the negative effects that have been dis covered while implementing the
requirement to raise the lowest floor elevation twelv e inches (12”) above the Base Flood
Elevation (BFE) for all new construction and substantia l improvements in the special flood
hazard areas for residential and commercial structures, m echanical equipment, utility areas, or
any enclosed area including basements and attached garag es:
Storm water cannot be accommodated on-site, due to lar ge allowable building
envelopes and minimal area remaining to accommodate ru noff;
Planning and Zoning Board Meeting, September 19, 20 11
LDR Amendment – Flood Damage Control Districts
2
Steeper slopes resulting from increased elevation requi rements creates erosion
conditions;
Negative impacts have occurred to properties adjacent to construction sites;
To maintain storm water runoff on-site can require ve ry costly infiltration improvements;
Negative impacts have occurred to our public rights-of-way (ponding, erosion); and
Construction associated with a higher floor elevation than is actually required, results
with increased costs for fill material, foundation and si te stabilization efforts.
This amendment will remove the requirement to raise t he lowest floor 12” above the Base Flood
Elevation, while retaining the other components of th e code that have value and are beneficial.
Compliance with State requirements will be maintained with adoption of this amendment.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and/or Policies of the
Comprehensive Plan. The following were identified a s relevant to this amendment:
FLUE Objective A-1
Property shall be developed or redeveloped, in a man ner so that the future use, intensity and
density are appropriate in terms of soil, topographic, and other applicable physical
considerations; encourage affordable goods and services; a re complementary to and
compatible with adjacent land uses; and fulfill remain ing land use needs.
This objective is supported as new regulations will ensure that development and redevelopment
is appropriate in terms of topographic and other physical considerations, by requiring minimum
elevations for specified features along with openings t o allow for the flow of floodwaters.
FLUE Objective A-5
The City shall maintain its Land Development Regulati ons, which shall be regularly reviewed
and updated, to provide timely, equitable and stream lined processes including, but not limited
to, building permit processes for residential developme nts and to accommodate mixed-use
developments, and other innovative development practi ces.
FLUE Policy A-5.2 The City shall continue to enforce its Flood Damage Pro tection
Ordinance.
Both Objective A-5 and Policy A-5.2 are supported by the proposed regulations. The objective
requires that the LDRs be regularly reviewed and regula rly updated, and the policy requires the
city to enforce its Flood Damage Protection Ordinance.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following civic a ssociations:
Neighborhood Advisory Council
Delray Citizen’s Coalition
Planning and Zoning Board Meeting, September 19, 20 11
LDR Amendment – Flood Damage Control Districts
3
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subs ection
(D) Construction Standards, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and app roval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commi ssion of the amendment to Land
Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subs ection
(D) Construction Standards, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and app roval thereof is inconsistent with the
Comprehensive Plan and does not meet the criteria set f orth in LDR Section 2.4.5(M)
(motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations, Section 4.5.3,
Flood Damage Control Districts, Subsection (D) Cons truction Standards, by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is consistent with the Comprehensive P lan and meets the criteria set forth in
LDR Section 2.4.5(M).
Attachment:
Draft Ordinance
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 40 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider a city initiated amendment to the
Land Development Regulations (LDR) Section 4.6.9(E)(3), “In-Lieu Fee”, to clarify that the maximum
percentage of in-lieu spaces applies only to new developments and th e expansion of existing
developments.
BACKGROUND
At the first reading on November 1, 2011, the Commi ssion passed Ordinance No. 40-11.
RECOMMENDATION
Recommend approval of Ordinance No. 40-11 on second and final reading.
ORDINANCE NO. 40-11
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 SECTION 4.6.9, “OFF-STREET
PARKING REGULATIONS”, SUBSECTION (E), “LOCATION OF
PARKING SPACES”, PARAGRAPH (3), “IN-LIEU FEE”; TO
CLARIFY THE APPLICABILITY OF THE MAXIMUM
PERCENTAGE OF IN-LIEU PARKING SPACES PERMITTED;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determine d that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Pla n; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated he rein.
Section 2 . That Section 4.6.9, “Off-Street Parking Regulati ons”, Subsection (E),
“Location of Parking Spaces”, Paragraph (3), “In-li eu Fee”, of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida , be amended to read as follows:
(3) In-Lieu Fee: All Subject to the limitations of this Section, new development, use
conversion to existing buildings, building addition s and/or renovations, that result in the
requirement to provide new parking or additional pa rking, have the option of requesting some of
the parking spaces to be approved by the City Commi ssion through the payment in-lieu of parking
program. Required parking for exclusively residenti al development or residential components of
2 ORD. NO. 40-11
mixed use developments are not eligible for this in -lieu option. A maximum limit of 30% of
eligible required parking can be provided under thi s option, except for use conversions for which
there is no maximum . Before granting such approvals, the City Commissi on must find that
adequate public parking options are available and t hat the request is consistent with the Land
Development Regulations, City Comprehensive Plan, a nd all currently adopted City policies
and/or studies.
Payment of a fee in-lieu of required parking shall be pursuan t to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts,
in compliance with the Supplemental District Regulations provisions therein.
(b) Arrangements for payment shall be approved by t he City Commission at the time of the
approval of the in-lieu fee. The fee amount shall b e based upon the location of the
property for which in-lieu fees are being sought. Area descr iptions and corresponding fee
amounts are hereby established as follows: (See correspond ing map).
(1) Area 1 : Parcels located east of the Intracoastal Waterwa y which are zoned CBD -
$18,200 per space.
(2) Area 2 : Parcels located west of the Intracoastal Waterwa y which are zoned CBD or
CBD-RC and which are not included within the Pineap ple Grove Main Street area,
West Atlantic Neighborhood or Block 69 located in t he Old School Square Historic
Arts District (OSSHAD) - $15,600 per space.
(3) Area 3 : Parcels located within the OSSHAD zoning distric t, except for Block 69 as
noted in Area 2; and parcels located within the Pin eapple Grove Main Street area
which are zoned CBD or CBD-RC - $7,800 per space.
(4) Area 4 : Parcels located within the West Atlantic Neighbo rhood which are zoned
CBD - $4,000 per space.
3 ORD. NO. 40-11
4 ORD. NO. 40-11
(c) All proceeds from such a fee shall be used for parking pur poses
(d) For property owners opting to pay in full, or l essees of properties, payment of the in-lieu
fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in installments.
Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an
In-Lieu of Parking Fee Agreement with the City prio r to or upon issuance of a building
permit. Such agreement shall be recorded with the P ublic Records Office of Palm Beach
County, Florida. The obligations imposed by such a n In-Lieu of Parking Fee Agreement
constitute a restrictive covenant upon a property, and shall bind successors, heirs and
assigns. The restrictive covenant shall be release d upon full payment of the in-lieu
parking fees including attorneys’ fees and costs. In-Lieu of Parking Fee Agreements shall
only be made between the City and the Owner(s) of t he subject property. If an In-Lieu
of Parking Fee Agreement is entered into, installme nt payments shall be made over a
three-year time period in three installments. The first installment shall be 50% of the
total fee and is to be paid upon signing the agreem ent. The second installment shall be
25% of the total fee and is due on the second anniv ersary date of the signing of the
agreement. The third and final payment of 25% of t he total fee is due on the third
anniversary date of the signing of the agreement. There shall be no interest due under
this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed
project for which an in-lieu parking fee has been a pproved, the applicant must construct
additional on-street parking, not to exceed the tot al amount of spaces subject to in-lieu
fees unless authorized by the City Commission. The applicant will be credited up to one-
half of a parking space for each full parking space constructed within public right-of-way.
(For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of-way; the applic ant must only pay the in-lieu fee for 2
spaces). Crediting of spaces constructed in the right-of-w ay resulting in a fraction shall be
rounded down. Credit may not be taken for those pa rking spaces constructed in the
public right-of-way which are required to meet the performance standards for. new
developments.
(f) Requests to allow in-lieu fee payments that ar e not associated with a site plan or a site plan
modification shall expire two years after such requ est is approved. The fee charged shall
be the fee that is set forth in the Land Developmen t Regulations at the time payment is
made for spaces required to accommodate the associa ted site plan or site plan
modification.
Section 3. That should any section or provision of this ordi nance or any portion
thereof, any paragraph, sentence, or word be declar ed by a court of competent jurisdiction to be
5 ORD. NO. 40-11
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in con flict herewith be, and the
same are hereby repealed.
Section 5 . That this ordinance shall become effective immed iately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the
_____ day of ___________________, 2011.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PL ANNING AND ZONING
THROUGH:CITY MANAGER
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 40 -11
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land Development Regulations (LDRs) that will clarify
that the 30% maximum percentage of in-lieu spaces applies only to new development and expansion o f
existing developments.
BACKGROUND
On August 2, 2011, the City Co mmission adopted Ordinance No. 21-11. The ordinance limited the
number of required parking that could be satisfied via the purchase of spaces in-lieu to 30% of the
required spaces. This maximum percentage was a recommendation in the City’s Parking Management
Plan, but was not specific with respect to which of the various in-lieu option scenarios i t should apply
to. After ordinance adoption, it became apparent that this application should not apply to conversion o f
existing space as in most cases these conversions would exceed the 30% maximum (unless there w as a
surplus of parking spaces). Since the ordinance adoption, two separate in-lieu of parking requests were
presented to the City Commission. These requests invo lved the properties at 9 NE 2nd Avenue and 5 SE
2nd Avenue, and both required waiver s to the newly established 30% maximum. However, as the new
modifications to the in-lieu program, established in Ordinance No. 21-11, significantly expanded its
application to include new development, maximum perc entage for certain in-lieu fee applications is still
appropriate. This ordinance will clarify that this 30% maximum will apply to in-lieu requests involving
new development or expansion of existing uses.
REVIEW BY OTHERS
The Downtown Development Authority (DDA) review ed the item at their October 10, 2011 meeting
and recommended approval.
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11, 2011
meeting and recommended approval.
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The Community Redevelopment Agency (CRA) review ed the item at their October 13, 2011 meeting
and recommended approval.
The Parking Management Advisory Board (PMAB) reviewed the item at their October 25, 2011
meeting and recommended approval.
The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended
approval on a 7-0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 40-11 on first r eading for a city-initiated amendment to Section
4.6.9(E)(3) of the Land Development Regulations, by adopting the findings of fact and law contained in
the staff report and finding that the amendment is consistent with the Comprehensive Plan a nd meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: OCTOBER 17, 2011
AGENDA NO: V. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION
4.6.9(E)(3), “IN-LIEU FEE”, TO CLARIFY THAT THE 30% M AXIMUM
PERCENTAGE OF IN-LIEU SPACES APPLIES TO NEW
DEVELOPMENT, AND EXPANSION OF EXISTING DEVELOPMENTS .
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to Land Development Regulat ions (LDRs) that clarifies that the 30%
maximum percentage of in-lieu spaces applies to new deve lopment and expansion of existing
developments.
Pursuant to Section 1.1.6, an amendment to the text o f the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
On August 2, 2011, the City Commission adopted Ordina nce No. 21-11. The ordinance limited
to 30% the number of required parking that could be satisfied via the purchase of spaces in-lieu
of actually providing them. This maximum percentage wa s a recommendation in the City’s
Parking Management Plan, but was not specific with resp ect to which of the various in-lieu
option scenarios it should apply to. After ordinance ado ption, it became apparent that this
application should not apply to conversion of existing sp ace as in most cases these conversions
would exceed the 30% maximum (unless there was a surplus of parking spaces).
Since the ordinance adoption, two separate in-lieu of parking requests were presented to the
City Commission. These requests involved the propertie s at 9 NE 2 nd Avenue and 5 SE 2 nd
Avenue, and both required waivers to the newly establ ished 30% maximum.
However, as the new modifications to the in-lieu progr am, established in Ordinance No. 21-11,
significantly expanded its application to include new de velopment maximum percentage for
certain in-lieu fee applications is still appropriate. This ordinance will clarify that this 30%
maximum will apply to in-lieu requests involving new d evelopment or expansion of existing
uses.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap)
2
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals , Objectives and Policies of the
Comprehensive Plan. A thorough review of the Compre hensive Plan was conducted and the
following objective supports this proposed amendment:
Future Land Use Element Objective A-5 states that “the City shall maintain its Land
Development Regulations, which shall be regularly revie wed and updated, to provide timely,
equitable and streamlined processes including, but not li mited to, building permit processes for
residential developments and to accommodate mixed-use d evelopments, and other innovative
development practices.”
This LDR text amendment is supported by this Comprehensi ve Plan objective and will
implement one of the recommendations of the Delray B each Parking Management Plan.
REVIEW BY OTHERS
The Downtown Development Authority (DDA) reviewed the item at their October 10, 2011
meeting and recommended approval.
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11,
2011 meeting and recommended approval.
The Community Redevelopment Agency (CRA) reviewed the item at their October 13, 2011
meeting and recommended approval.
The Parking Management Advisory Board (PMAB) will review the item at their October 25,
2011 meeting and their recommendation will be report ed at second reading.
Courtesy Notices
Courtesy notices were provided to the following homeo wner and civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be prov ided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
This amendment implements one of the recommendations of the City of Delray Beach Parking
Management Plan of August 2010. This amendment clari fies that the 30% maximum limitation
applies to new development and expansion of uses only.
ALTERNATIVE ACTIONS
A. Continue with direction.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap)
3
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations, by Section 4.6.9, “Off-Street Parking Regulations”,
Subsection 4.6.9(E)(3), “In-Lieu Fee”, To Clarify Th at The 30% Maximum Percentage
of In-Lieu Spaces Applies To New Development And Ex pansion Of Existing
Developments, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereo f is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2 .4.5(M).
C. Move a recommendation of denial to the City Commi ssion of the amendment to Land
Development Regulations, by Section 4.6.9, “Off-Street Parking Regulations”,
Subsection 4.6.9(E)(3), “In-Lieu Fee”, To Clarify Th at The 30% Maximum Percentage
of In-Lieu Spaces Applies To New Development And Ex pansion Of Existing
Developments, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereo f is inconsistent with the
Comprehensive Plan and does not meet the criteria set f orth in LDR Section 2.4.5(M)
(motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations, by Amending
Section 4.6.9, “Off-Street Parking Regulations”, Sub section 4.6.9(E)(3), “In-Lieu Fee”, To
Clarify That The 30% Maximum Percentage of In-Lieu Spaces Applies To New
Development And Expansion Of Existing Developments, by adopting the findings of fact
and law contained in the staff report, and finding th at the text amendment and approval thereof
is consistent with the Comprehensive Plan and meets the c riteria set forth in LDR Section
2.4.5(M).
Attachment:
Proposed LDR text amendment
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap)
4
(3) In-Lieu Fee : All new development, use conversion to existing buildi ngs, building
additions and/or renovations, that result in the requi rement to provide new parking or additional
parking, have the option of requesting some of the pa rking spaces to be approved by the City
Commission through the payment in-lieu of parking pro gram. Required parking for exclusively
residential development or residential components of mi xed use developments are not eligible
for this in-lieu option. A maximum limit of 30% of e ligible required parking can be provided under
this option for new development or expansion of existing uses . The maximum does not apply to
conversion of use. Before granting such approvals, the City Commission must find that
adequate public parking options are available and tha t the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City policies
and/or studies.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 41 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider a city initiated amendment to the
Land Development Regulations (LDR) Section 2.4.6(F), “Temporary Use Permit”, to clarify the
approval authority for uses under a tent.
BACKGROUND
At the first reading on November 1, 2011, the Commi ssion passed Ordinance No. 41-11.
RECOMMENDATION
Recommend approval of Ordinance No. 41-11 on second and final reading.
ORDINANCE NO. 41-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.6,
“PROCEDURES FOR OBTAINING PERMITS AND APPROVALS”,
SUBSECTION (F), “TEMPORARY USE PERMIT”, TO CLARIFY THAT
THE CHIEF BUILDING OFFICIAL MAY GRANT PERMISSION FO R
TEMPORARY USES, PROVIDING A SAVING CLAUSE, A GENERA L
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of De lray Beach; and
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed
text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to recommend that the ch anges
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c ), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the chan ge is consistent with and furthers the goals, objec tives and
policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach f inds the ordinance is consistent with the
Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated he rein.
Section 2. That Section 2.4.6, “Procedures for Obtaining Perm its and Approvals”, Subsection (F),
“Temporary Use Permit”, of the Land Development Regula tions of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
2 ORD. NO. 41-11
(F) Temporary Use Permit : A temporary use shall be required for any of the uses listed
below. The granting authority of each use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission or Chief Building O fficial
3. Sales Offices and Models at a Residential Develo pment Site -- Chief Building
Official
4. Construction Trailers and Compounds -- Chief Building Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer’s Market -- City Commission
7. Temporary Parking Lots -- City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Ca rousel, and Other Related
Holiday, Seasonal/Temporary Uses – City Commission
(1) Rule : No temporary use shall be allowed except as prov ided in this Subsection (H) or
as otherwise provided for in these regulations.
(2) Required Information : A request for a temporary use shall be made via letter to the
granting authority. The letter shall contain the f ollowing information, as applicable to the use bein g
requested.
(a) Name of petitioner;
(b) Name of property owner and consent therefrom;
(c) Location of site;
(d) Purpose, activity to be conducted;
(e) Period of use;
(f) Proof of ability to connect temporary electric service s (see Article 7.2);
(g) Proof of ability to provide toilet facilities f or both men and women on the
premises, subject to approval of the County Health Departm ent;
(h) How foodstuffs are to be handled;
3 ORD. NO. 41-11
In addition, for circuses and carnivals, the following is re quired:
(i) The nature of the advertising or promotion acti vity to be conducted for the
circus or carnival;
(j) Proof of whether or not the applicant, or the i ndividual identified as having the
management authority or supervision of the circus o r carnival, has been
convicted of any crime or misdemeanor and, if so, t he nature of each offense
and the penalty assessed for each offense;
(k) If specifically required, copies of all printed advertising proposed to be used in
promoting the use;
(l) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such
representative.
(3) Regulations and Restrictions :
(a) Uses Under a Tent :
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public us e (i.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
Tents for these uses can be approved for up to 3 da ys by the
Chief Building Official Requests for more than 3 da ys up to a
maximum of 7 days requires City Commission approval.
c. The use of tents for retail sales or other comme rcial use is
prohibited, except as otherwise permitted in this section.
2. The tent and site shall comply with the following:
a. The tent shall be approved by the Fire Marshall for fire
resistance.
b. Adequate fire protection equipment, in a type an d capacity as
approved by the Fire Marshall, shall be provided on the prem ises
at all times.
4 ORD. NO. 41-11
c. Payment of a permit fee [2.4.3(K)] and a deposit of $50 which
shall be returned upon determination by the Chief B uilding
Official that all debris resulting from the use has been removed
from the site.
d. Obtaining of permits for electrical and health a nd sanitation
facilities, as applicable.
(b) Circuses and Carnivals :
1. An investigation of the applicant's business rep utation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the circus
or carnival would pose a substantial threat to the public health, safety,
morals, or general welfare.
2. Permits for electrical and health and sanitation facilities, as applicable,
shall be obtained.
(c) Seasonal Farmers Market :
1. A farmer’s market may be permitted within that p ortion of the City’s
Transportation Concurrency Exception Area that is w est of the
Intracoastal Waterway, for the purposes of downtown revitalization,
subject to the following restrictions:
a. The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, o r other
agency which is formulated for the purposes of econ omic
development as approved by the City Commission.
b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more tha n one day
per week, unless specifically authorized by the Cit y Commission.
The Commission shall establish the specific days an d hours of
operation, as well as the duration of the temporary use permi t.
c. Products to be sold shall consist of agricultura l produce, plants
and flowers; baked goods; and cheeses. The Commiss ion may
also at its discretion approve the limited sale of related products
such as handmade crafts, prepared foods, and promot ional items
bearing the name of the City and the market. The s ale of such
5 ORD. NO. 41-11
additional items, if approved, shall be limited to a specific
number or percentage of the total vendors.
d. The Commission may approve the design elements o f the
market (i.e. site layout, types of tents/booths to be erected, etc.),
or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservati on Board
(HPB) as appropriate. All elements must comply wit h applicable
health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carou sel, and Other
Related Holiday, Seasonal/Temporary Uses :
1. The horse drawn carriage rides, ice skating rink , carousel, and other
related holiday, seasonal/temporary uses must be sp onsored by the City,
Community Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes o f economic
development as approved by the City Commission. Th e
owner/operator of the horse drawn carriage rides mu st have a license
agreement approved by the City Commission prior to commencing the
use.
In addition to the holiday, seasonal, and temporar y uses referred to in
Section 2.4.6(F )(3)(d)(1) above, horse drawn carriage rides are al so
permitted for certain special events under the term s and for the times
permitted in a license agreement. Horse drawn carr iage special event
rides not governed by Section 2.4.6(F )(3)(d)(1) above, are only permitted
between 6:00 p.m. and 10:00 p.m. from June 1 st through November 1,
except for weddings, which may also occur between t he hours of 8:00
a.m. and 12:00 noon from June 1 st through November 1 st .
(e) Temporary Parking Lots :
1. A temporary parking lot may be permitted within the foll owing areas:
** a. the portion of the Central Business District (CBD) and Community
Facilities (CF) District which is bounded by Swinto n Avenue on the
west, the Intracoastal Waterway on the east, N.E. 2 nd Street on the
north, and S.E. 2 nd Street on the south;
6 ORD. NO. 41-11
** b. the portion of the CBD and CBD-RC District which i s bounded by
N.E. 2 nd Avenue on the west, the FEC Railway on the east, N .E. 2 nd
Street on the south, and N.E. 4 th Street on the north;
** c. the portion of the CBD located east of the Intracoastal Water way;
** d. the non-residential zoning districts bounded by Swi nton Avenue on the
east, I-95 on the west, N.W. 1 st Street on the north, and S.W. 1 st Street
on the south.
2. Temporary parking lot spaces shall not be used t o fulfill minimum off-
street parking requirements for new development or redevelopment.
Temporary lots may be used to supplement required parking.
3. Prior to issuance of the temporary use permit, t he applicant shall submit
a site plan which includes proposed grade elevation s, landscaping and
other information which addresses the regular maint enance of the
parking surface and irrigation of the landscaped areas.
4. The City Engineer shall approve the grading plan for the parking lot.
The site plan shall be reviewed and recommended for approval by the
Parking Management Advisory Board prior to submissi on to the City
Commission for consideration.
5. Permits for temporary parking lots shall be issu ed for a one-year period.
Permits may be renewed annually to a maximum of thr ee (3) years upon
review and positive recommendation by the Parking M anagement
Advisory Board.
6. The temporary parking lot shall be monitored for compliance with the
approved plan. Should the City Manager find that t he operation of a lot
is not in compliance or if the lot has an adverse e ffect on surrounding
properties, and the applicant is unable or unwillin g to rectify the
problem the permit may be reviewed by the City Comm ission for
possible revocation.
7. Within thirty (30) days of expiration of the per mit, all rock or gravel
surfaces shall either be removed or covered with to p soil. The site shall
then be sodded or landscaped as determined acceptab le by the Planning
and Zoning Department.
8. A temporary parking lot shall be constructed to the following
specifications:
7 ORD. NO. 41-11
a. The parking lot surface shall be brought to grade with a du st-free
surface of one of the following materials over soil which has
been compacted to 95% maximum density per AASHTO T-180:
** 1. four inches of crushed limerock or shellrock coate d with
a prime coat per FDOT “Standard Specifications for
Road and Bridge Construction”, latest edition;
** 2. four inches of pearock, gravel or river rock; or
** 3. six inches of mulch.
b. If the lot is not operated on a 100% valet basis , wheel stops shall
be provided as a means to indicate individual spaces. The si ze of
the parking spaces, maneuvering areas and aisle wid ths shall be
subject to the standards of Section 4.6.9(D)(4). I n addition, the
parking lot shall meet the requirements of the “Flo rida
Accessibility Code for Building Construction”.
c. If the lot is operated on a 100% valet basis, th en wheel stops
shall be provided at the edge of the parking surface.
d. The lot shall meet the requirements of Section 4 .6.9(D)(3) for
access to the street system. Driveway aprons betwe en the edge
of pavement and the right-of-way line shall be cons tructed of
asphalt or concrete.
e. The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet high
hedge or 4 feet high opaque fence. Water for irrig ation shall be
available within fifty (50) feet of all landscaped areas.
f. If the parking lot is to be utilized at night, t he applicant shall
contract with FPL to install supplementary lighting on adjacent
power poles where possible. The applicant may, as an option,
provide alternative on-site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-1/2 f eet above the
ground shall not be removed.
8 ORD. NO. 41-11
(4) Procedures : Upon receipt of all required information, the gr anting authority shall take
the request under consideration and upon assurance that all applicable regulations and requirements will
be met, the authority shall issue a temporary use permit for a period of time as specified in the permit.
Section 3 . That should any section or provision of this ordi nance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid.
Section 4 . That all ordinances or parts of ordinances in con flict herewith shall be, and the same are
hereby repealed.
Section 5 . That this ordinance shall become effective immedi ately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this ____ day of
_______________, 2011.
______________________________
MAY OR
ATTEST:
___________________________
City Clerk
First Reading________________
Second Reading______________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETI NG OF NOVEMBER 1, 2011
ORDINANCE NO. 41 -11
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land Development Regulations (LDRs) that will clarify
the approval authority fo r uses under a tent.
BACKGROUND
Temporary Use Permits are currently required for a list of uses in Section 2.4.6 (F) of the LDRs, whic h
includes Uses Under a Tent. Specific uses that are allowed under a temporary tent must currentl y be
approved by the City Commission. The allowed uses include: the sale of seasonal items, such as
Christmas trees that provide for a less hazardous product when protected from the sun; and assembly
occupancies to protect the public from the elements. The use of tents for retail sales or other comme rcial
use is prohibited, except as otherwise permitted in this Section. This ordinance adds the Chief Bui lding
Official as a granting authority to approve Temporary Use Permits for uses under a tent incl uding
seasonal items. Further, other than seasonal sales, uses for assembly purposes are li mited to a maximum
of 7 days. This can be approved for up to 3 days by the Chief Building Official. Requests for more than
3 days up to a maximum of 7 days require City Commission approval.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended
approval on a 7-0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 41-11 on first r eading for a city-initiated amendment to Section
2.4.6 (F) of the Land Development Regulations, by adopting the findings of fact and law contained in
the staff report and finding that the amendment is consistent with the Comprehensive Plan a nd meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: OCTOBER 17, 2011
AGENDA NO: V. B.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.6
(F) “TEMPORARY USE PERMIT”, TO CLARIFY THE APPROVAL
AUTHORITY FOR USES UNDER A TENT.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a city-
initiated amendment to the Land Development Regulat ions (LDRs) that will clarify the approval
authority for uses under a tent.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
Temporary Use Permits are currently required for a list of uses included in S ection 2.4.6 (F) of the
LDRs, among which include Uses Under a Tent . Specific uses that are allowed under a temporary
tent must currently be approved by the City Commission . The allowed uses include: the sale of
seasonal items, such as Christmas trees that provide for a less hazardous product when protected
from the sun; and assembly occupancies to protect the publi c from the elements. The use of tents
for retail sales or other commercial use is prohibited, except as otherwise permitted in this Section.
.
This ordinance adds the Chief Building Official as a gra nting authority to approve Temporary Use
Permits for uses under a tent including seasonal items. Fu rther, other than seasonal sales, uses
for assembly purposes are limited to a maximum of 7 da ys. This can be approved for up to 3 days
by the Chief Building Official. Request for more tha n 3 days up to a maximum of 7 days requires
City Commission approval.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the C ity Commission make a finding that the text
amendment is consistent with and furthers the Goals, Obj ectives and Policies of the
Comprehensive Plan. While there were no specific section s of the Comprehensive Plan to support
the proposed amendment, it is not inconsistent with the Comprehensive Plan.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Temporary Use Permit, Uses Under a Tent
2
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeo wner and civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be pro vided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed ordinance will allow seasonal uses under ten ts to be approved by the Chief Building
Official rather than City Commission as currently writte n. It is noted this is consistent with past City
Commission direction. The changes will allow short term approval (up to 3 days) for assembly
under a tent by the Chief Building Official, from 3 to 7 days by City Commission, and prohibit
approvals greater than 7 days. The amendment will al low for improved turnaround time for short
term temporary uses, by avoiding the need to wait to be scheduled before the City Commission.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to Clarify the
Approval Authority for Temporary and Seasonal Uses Under a Tent, by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is consistent with the Comprehensive Pl an and meets the criteria set forth in
LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commi ssion of the amendment to Land
Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to Clarify the
Approval Authority for Temporary and Seasonal Uses Under a Tent, by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set
forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations, Section 2.4.6 (F)
“Temporary Use Permit”, to Clarify the Approval Auth ority for Temporary and Seasonal
Uses Under a Tent, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereo f is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M ).
Attachment:
Proposed Ordinance
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 3, 2011
SUBJECT:AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 42 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider an amendment to Chapter 33,
“Police and Fire-Rescue Departments”, Section 33.64 , “Contributions”, Subsection (A), “Member
Contributions”, to increase employee contributions by 3% for police officers in compliance with the
new terms of our Collective Bargaining Agreement.
BACKGROUND
At the first reading on November 1, 2011, the Commi ssion passed Ordinance No. 42-11.
RECOMMENDATION
Recommend approval of Ordinance No. 42-11 on second and final reading.
ORD. NO. 42-11 1
ORDINANCE NO. 42-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33,
“POLICE AND FIRE-RESCUE DEPARTMENTS”, SECTION,.
33.61, “MEMBERSHIP; CONDITIONS OF ELIGIBILITY;
APPLICATION”, SUBSECTION (B), “APPLICATION”, TO
MODIFY MEMBER CONTRIBUTIONS; SECTION, 33.64,
“CONTRIBUTIONS", SUBSECTION (A), “MEMBER
CONTRIBUTIONS”, TO MODIFY MEMBER
CONTRIBUTIONS FOR POLICE OFFICERS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O F DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.61,
Membership; Conditions of Eligibility; Application”, Subsecti on (B), “Application”, of the Code
of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Sec. 33.61. - MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION .
* * *
(B) Application. Each eligible employee shall complete an application form covering the
following points, as well as any other points or items as may be presc ribed by the Board.
(1) The employee's acceptance of the terms and conditions of the retireme nt system,
including an initialing of any declaration of ineligibility for disab ility benefits;
(2) The employee's designation of a beneficiary; and
(3) Authorization of a member contribution in the amount specified i n section
33.64(A), and section 33.62(B)(3) if applicable, by seven and thi rty -three
hundredths (7.33) percent payroll deduction payable to the system, effective
October 1, 1989 .
Section 2 . That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.64,
“Contributions”, Subsection (A), “Member Contributions”, of the Code of Ordinances of the
City of Delray Beach is hereby amended to read as follows:
Sec. 33.64. - CONTRIBUTIONS.
(A) Member Contributions.
ORD. NO. 42-11 2
(1) Effective the first pay period after September 1, 1999, me mbers of the retirement
system shall make regular contributions to the Trust Fund at a rat e equal to three (3) percent
of their respective annual earnings. Eligible employees, as a condition of membership, shall
agree in writing upon becoming a member to make the contribution s pecified herein. These
contributions shall be deducted from the earnings before the same are paid, until the
member has completed twenty-five (25) years of continuous service at which time member
contributions are no longer required.
(2) Effective the first pay period starting after May 3, 2011, members of the retirement
system employed as firefighters shall make regular contri butions to the Trust Fund at a rate
equal to six (6) percent of their respective annual earnings. E ligible employees, as a
condition of membership, shall agree in writing upon becoming a mem ber to make the
contribution specified herein. These contributions shall be deducted from the earnings
before the same are paid, until the member has completed twent y-five (25) years of
continuous service at which time member contributions are no longer required.
(3) Effective the first pay period starting after October 4, 2011, members of the retirement
system employed as police officers shall make regular cont ributions to the Trust Fund at a
rate equal to six (6) percent of their respective annual earni ngs. Eligible employees, as a
condition of membership, shall agree in writing upon becoming a mem ber to make the
contribution specified herein. These contributions shall be deducted from the earnings
before the same are paid, until the member has completed twent y-five (25) years of
continuous service at which time member contributions are no longer required.
(4)(3) The City shall pick up the member contribution required by sub sections (A)(1),
and (A)(2) and (A)(3) above. The contributions so picked up shall be treated as employ er
contributions in determining tax treatment under the United States Internal Revenue Code.
The City shall pick up the member contributions from funds estab lished and available in the
salaries account, which funds would have otherwise been designated as member
contributions and paid to the pension fund. Member contributions picked up by the City
pursuant to this subdivision shall be treated for purposes of maki ng a refund of member
contributions, and for all other purposes of this and other laws, in the same manner and to
the same extent as member contributions made prior to the effe ctive date of this
subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the
Internal Revenue Code.
Section 3 . That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of compe tent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4 . That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
ORD. NO. 42-11 3
Section 5 . That this ordinance shall become effective immediately upon pa ssage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final readi ng on this the
_____ day of ___________________, 2011.
______________________________________
M A Y O R
ATTEST:
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:October 28, 2011
SUBJECT:AGENDA ITEM 12.D. - REGULAR COMMISSION MEETI NG OF NOVEMBER 1, 2011
ORDINANCE NO. 42 -11
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 42-11 which modifies the pension contribution
amount of police officer.
BACKGROUND
This ordinance implements the pension changes for police officers contained in the recently ratified
collective bargaining agreements between the City and the PBA for the officers, sergeants and
lieutenants. The ordinance provides for an increase in member contribution from 3% to 6% of earnings
and removes a reference to a previo us member contribution amount.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 42-11.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:November 9, 2011
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 43 -11
ITEM BEFORE COMMISSION
The item before Commission is consideration of Ordi nance 43-11 which amends the legal description of
the Fontaine Fox House historic designation in LDR Section 4.5.1(K), and amends the legal description
and development restrictions of the historically de signated Fontaine Fox House set forth in Ordinance
70-89.
BACKGROUND
The Fontaine Fox historic designation presently con sists of Lots 1, 2 and 3 of the Ocean Apple Estates
Plat (see attached map). The properties are located approximately 900’ south of George Bush Boulevard
between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Boulevard (615
North Ocean Boulevard) while lots 2 and 3 are on th e west side of Ocean Boulevard (610 North Ocean
Boulevard), between North Ocean Boulevard and Andre ws Avenue. The property is zoned R-1-AAA
(Single Family Residential) and is an individually listed property in the Local Register of Historic
Places established by Ordinance 70-89.
Ordinance 70-89 contains the stipulations that on Lot 1 (the oce anfront lot) one dwelling unit of no
more than 2,400 square feet could be built (house e rected in 1993) and that the entire Fontaine Fox
designated site, which presently consists of three lots, not contain more than three dwelling units (o ne
house per lot).
Ordinance 43-11 amends the aforenoted stipulations by revising “Section 1, Designation”, and “Section
2, Requirements of Designation” of Ordinance 70-89, as well as an Amendment to LDR Section 4.5.1
(K)(2), Designation of Historic Sites, to provide f or the revised legal description of the Fontaine Fo x
Designation. These changes are requested as Lot 3 o f the Ocean Apple Estates Plat is being replatted
into the neighboring Ocean Apple Estates, Plat II. The new plat will reconfigure the size of Lot 3, an d
shift the existing north fifty feet (50’) onto Lots 1 and 2 of Ocean Apple Estates, Plat II. While Lots 1
and 2, Ocean Apple Estates, Plat II are not locally designated parcels, the historic designation of th eir
new southern fifty feet (50’) will not be removed, and the overall boundary of th e Fontaine Fox House
designation will not be altered. Any future new dev elopment or improvements within the southern fifty
foot (50’) portion of Lots 1 and 2 will continue to be subject to HPB review. The attached map indicates
the existing and proposed lot configuration, along with the border of the historic designation.
The Historic Preservation Board (HPB) held a Public Hearing and considered the subject request at its
November 2, 2011 meeting where a recommendation of approval was made on a vote of 6-0.
RECOMMENDATION
Approve Ordinance 43-11, which amends Sections 1 an d 2 of Ordinance 70-89, and amends LDR
Section 4.5.1(K), and schedule the Second Reading a nd Public Hearing for the City Commission
meeting of December 6, 2011.
ORDINANCE NO. 43-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTAINE FOX HOUSE AND PROPERTY; AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING ARTICLE 4.5, “OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS”, SECTION 4.5.1, “HISTORIC
PRESERVATION SITES AND DISTRICTS”, SUBSECTION (K),
“DESIGNATION OF HISTORIC SITES”, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site including the
development of a house on the east side of A-1-A, provided cer tain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox ho use and a house on the east side of A-
1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox hous e and lands west of A-1-A wishes to
amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Section 1, “Designation” of Ordinance No. 7 0-89 of the City of Delray
Beach is hereby repealed in its entirety and replac ed by a new Section 1, “Designation” to read as
follows:
Designation
The Fontaine Fox House designation consists of Lot s 1 and 2 of the Ocean Apple
Estates plat, the South fifty feet (50’) of Lots 1 and 2 of the Apple Ocean Estates, Plat II, and Lot 3
of the Ocean Apple Estates, Plat II. The Fontaine F ox House is located on Lot 2, Ocean Apple
Estates at 610 North Ocean Boulevard.
Section 2 . That Section 2, “Requirements of Designation” of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its enti rety and replaced by a new Section 2,
“Requirements and Restrictions of Designation” to read as f ollows:
Requirements and Restrictions of Designation
Not withstanding any provision of the City Code of the City of Delray Beach and any other
provision of this Ordinance, the following requirements s hall apply to the use and development of the
Individually Designated Fontaine Fox site:
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ORD. NO. 43-11
(1) No more than three (3) dwelling units shall be used, developed, or located within the
boundaries of the Fontaine Fox Historic Site. Two d welling units currently exist on the historic site,
with one unit on Lot 1, Ocean Apple Estates, and th e other on Lot 2, Ocean Apple Estates. An
additional dwelling unit may be constructed on Lot 3, Ocean A pple Estates, Plat II.
(2) No dwelling unit used or developed on that portio n of the Fontaine Fox Historic Site
which lies east of State Road A-1-A shall contain m ore than two thousand and four hundred (2,400)
square feet of gross floor area.
(3) No dwelling unit, or any portion thereof, shal l be developed within the south fifty
feet (50’) of Lots 1 and 2 of the Ocean Apple Estates, Plat II.
Section 3. That Article 4.5, “Historic Preservation Sites and Districts”, Section 4.5.1, “Historic
Preservation Sites and Districts”, Subsection (K), “Designation of Historic Sites”, of the Land Develo pment
Regulations of the City of Delray Beach, Florida, shall here by be amended to read as follows:
(K) Designation of Historic Sites : The following Historic Sites are hereby affirmed or
established:
(1) THE SCOTT HOUSE , 19 Andrews Avenue, located on the North 50 feet o f the West 110
feet of the South 100 feet, less the West 10 feet o f the Beach Lot 15, Subdivision of the Fractional E ast Half
of Section 16, Township 46 South, Range 43 East, De lray Beach, Palm Beach County, Florida. (Original
designation by Ordinance 17-90, May 22, 1990).
(2) FONTAINE FOX HOUSE , 610 N. Ocean Boulevard, located on the South Half of Lot 4
lying West of State Road A1A, (less the West 435.5 feet thereof, less the West 25 feet thereof for roa d Right -
of -way), that part of the South 10 feet of Lo t 3 and the North Half of Lot 4 lying West of State Road A1A
(less the West 25 feet thereof for road Right -of -way), and Lot 3 (less the South 10 feet thereof, le ss the West
25 feet thereof for road Right -of -way) (less Right -of -way of State Road A1A, missin g from original
description) of Block E, Revised Plat of Blocks D and E, Palm B each Shore Acres, Delray Beach, Palm Beach
County, Florida as Recorded in Plat Book 7, Page 38 , of the Public Records of Palm Beach County, Flori da.
And that part of the South 1 0 feet of Lot 3 lying East of the Right -of -way of State Road A1A. Lot 2 of Ocean
Apple Estates, and whose historically designated bo undary consists of Lots 1 and 2, Ocean Apple Estate s,
and a portion of Ocean Apple Estates, Plat II descr ibed as the South 50 feet of Lots 1 and 2, and Lot 3.
(Original Designation by Ordinance 70-89, October 2 4, 1989; Amended by Ordinance 43-11, December 6,
2011)
(3) SITE OF SCHOOL NO. 4 DELRAY COLORED , located on Block 28, Lot 2, N.W. 5th
Avenue. (Original designation by Ordinance 16-89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH , 40 N.W. 4th
Avenue, located on Lot 7, Block 28, Delray Beach. (Original d esignation by Ordinance 17-89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH , 119 N.W. 5th Avenue,
located on Lot 5, Block 27, Delray Beach (Original designati on by Ordinance 18-89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275 , 85
N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Ori ginally designation by Ordinance 19-89)
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ORD. NO. 43-11
(7) ST. MATTHEW EPISCOPAL CHURCH , 404 S.W. 3rd Street, located on Lot 1, Block
32, Delray Beach (Original designation by Ordinance 20-89)
(8) THE KOCH HOUSE , 777 North Ocean Boulevard. Palm Beach Shore Acre s, Lot 21,
Block D, Delray Beach, Palm Beach County
(9) SUNDY FEED STORE , located on the South 85 feet of the North 153 fee t of Lot 1, Block
84, Delray Beach, Palm Beach County.
(10) HISTORIC DEPOT SQUARE , located on a parcel of land lying in Section 18, Township
46 South, Range 43 East, City of Delray Beach (Original desig nation by Ordinance 119-88)
(11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located
on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25,
Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the
designation pertaining to the buildings only and not the gro unds.
(12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF TH E UNITED
STATES , 263 N.E. 5th Avenue, located on Lots 5, 14 and 15 , Block 106, Delray Beach, formerly Town of
Linton, Palm Beach County, Florida.
(13) SOLOMON D. SPADY HOUSE , 170 N.W. 5th Avenue, located on Lots 5, 6 and the
north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly To wn of Linton, Palm Beach County, Florida.
(14) THE SUSAN WILLIAMS HOUSE , located at 154 N.W. 5 th Avenue, Delray Beach,
Florida; more particularly described as follows: so uth 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subd ivision,
as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5 th
Avenue).
(15) THE BLANK HOUSE , 85 S.E. 6th Avenue, located on Lots 12, 13, and 1 4, Block 117,
Delray Beach, formerly Town of Linton, Palm Beach County, Fl orida.
(16) THE MONTEREY HOUSE , 20 North Swinton Avenue, located on Lot 12, Block 60,
Delray Beach, formerly Town of Linton, Palm Beach County, Fl orida.
(17) THE HISTORIC BUNGALOW , 24 North Swinton Avenue, located south 50 feet of Lot
11, Block 60, Delray Beach, formerly Town of Linton, Palm Bea ch County, Florida.
(18) THE SANDOWAY HOUSE , 142 South Ocean Boulevard. Beach Lots Delray, th e South
73 feet of the North 100 feet of Lot 24, less the W est 355 feet, as recorded in Plat Book 1, Page 25, of the
Public Records of Palm Beach County, Florida.
(19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL , located on a
portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach,
Florida; more particularly described as the East ½ of Lot 12, Section 8-46-43, Delray Beach, Palm Beac h
County, Florida. The chapel is the only building i n the church complex receiving an historic designat ion.
The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue.
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ORD. NO. 43-11
(20) THE TURNER HOUSE , located at 145 N.E. 6th Avenue, Delray Beach, Flo rida; more
particularly described as the South 27.6 feet of Lo t 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West
5 feet SR R/W, of Block 115, as recorded in Plat Bo ok 1 at Page 3 of the Public Records of Palm Beach
County, Florida.
(21) THE PRICE HOUSE , located at 1109 Sea Spray Avenue, Delray Beach, F lorida; more
particularly described as Lot 11, Sea Spray Estates , as recorded in Plat Book 21 at Page 15 of the Pub lic
Records of Palm Beach County, Florida.
(22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURC H OF
DELRAY BEACH , located at 36 Bronson Street, Delray Beach, Flori da; more particularly described as Lots
16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Publi c
Records of Palm Beach County, Florida.
(23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864 ), located at East
Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida.
(24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8 th
Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoa stal Waterway
in the City of Delray Beach, Palm Beach County, Florida.
(25) THE WATER HOUSE , located at 916 and 918 Northeast 5 th Street, Delray Beach, Florida;
more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, accor ding to
the Plat thereof recorded in the Office of the Cler k of the Circuit Court in and for Palm Beach County ,
Florida, in Plat Book 10 at Page 68.
(26) THE ONEAL HOUSE , located at 910 N.E. 2nd Avenue, Delray Beach, Flo rida, more particularly
described as follows: Lots 1, 2, 3, 28 and 29, Bloc k 10, Dell Park, Delray Beach, Palm Beach County, F lorida,
according to the Plat thereof, recorded in Plat Boo k 8 at Page 56 of the Public Records of Palm Beach
County, Florida.
(27) THE AMELUNG HOUSE , located at 102 NE 12 th Street, Delray Beach, Florida, more
particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat B ook 8,
Page 56, recorded in the Public Records of Palm Bea ch County, Florida; said land situate, lying and be ing in
Palm Beach County, Florida.
(28) THE DEWITT ESTATE , located at 1110 North Swinton Avenue, Delray Beac h, Florida,
more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20 .00 feet
of said East 365.69 feet of Lot 8) Subdivision of S outh half of East half of Lot 8, Section 8, Townshi p 46
South, Range 43 East, according to the Plat thereof , as recorded in Plat Book 16, Page 80, of the Publ ic
Records of Palm Beach County, Florida.
(29) THE HARTMAN HOUSE , located at 302 N.E. 7 th Avenue, Delray Beach, Florida, more
particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or p lat
thereof as recorded in Plat Book 2, Page 79, of the Public Reco rds of Palm Beach County, Florida.
(30) THE SEWELL C. BIGGS HOUSE , located at 212 Seabreeze Avenue, Delray Beach,
Florida, more particularly described as follows: L ot 21 and the West 35 feet of Lot 22, Delray Beach
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ORD. NO. 43-11
Esplanade, according to the plat thereof, as record ed in Plat Book 18, Page 39, Public Records of Palm Bea ch
County, Florida.
Section 4. That should any section or provision of this ordin ance 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 remai nder hereof as a whole or part thereof other than t he
part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conf lict herewith be, and the same are
hereby repealed.
Section 6 . That this ordinance shall become effective upon r ecordation of the Ocean Apple
Estates, Plat II.
PASSED AND ADOPTED in regular session on second an d final reading on this the _____
day of ___________________, 201___.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
.
HISTORIC PRESERVATION BOARD
MEMORANDUM STAFF REPORT
Applicants: Frank E. & Nilsa McKinney, Joshua C. & Katherine H. Littlefield
Authorized Agent: GE Architecture, Inc., Gary P. Elio poulos
Project Location: Lot 3, Ocean Apple Estates
Fontaine Fox House, Individually Designated
HPB Meeting Date: November 2, 2011 File No: 2012-005
ITEM BEFORE THE BOARD
The item before the Board is an amendment to Ordinance 70 -89 that established the Fontaine
Fox House historic site designation, pursuant to LDR Sectio n 4.5.1(B), and 4.5.1(K)(2).
BACKGROUND & PROPOSAL DESCRIPTION
The Fontaine Fox historic designation contains approxima tely 2.5 acres of land and presently
consis ts of Lots 1, 2 and 3 of the Ocean Apple Estates Plat (se e attached map). The properties
are located approximately 900 ¶south of George Bush Boulevard between Andrews Avenue a nd
the Atlantic Ocean. Lot 1 is on the east side of Ocean Boulevard (615 North Ocean Bou levard )
while lots 2 and 3 are west Ocean Boulevard (610 N or th Ocean Boulevard), between North
Ocean Boulevard and Andrews Avenue. Zoned R-1-AAA (Sin gle Family Residential), the
property (including all three lots) is an individually list ed property in the on the Local Register of
Historic Places as established by Ordinance 70-89. Associated with the property, on the east
side of North Ocean Boulevard, (Lot 1) is a 2,400 square foot home constructed in 19 93 .
The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox
historic designation) to the City Commission on September 20 , 19 89 with the stipulations that on
Lot 1 (the oceanfront lot) one dwelling unit of no m ore than 2,400 square feet could be built and
that the Fontaine Fox site be subdivided into no more than three lots for no more tha n three
dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on
October 24, 1989.
In 2002, an amendment to Ordinance 70-89 was proposed an d reviewed as Ordinance 13 -02.
The proposal was for the removal of historic designation from Lot 3 and a portion of Lot 2, and
to alter the previous density restriction to allow Lot 3 and that same portion of Lot 2 to be
subdivided into a total of four separate parcels to acco mmodate a development plan for single
family homes (perpendicular to the extant historic structur e). The historic designation for the
remaining portion of Lot 2, the lot that contains the Fontaine Fox House and its contributing
outbuildings, as well as Lot 1 on the ocean side, would not have been altered. The proposed
amendment to the Ordinance was denied at First Reading b y the City Commission at its
meeting of May 7, 2002.
The currently proposed amendment will require revis LRQRI³6HFWLRQ'HVLJQDWLRQ´DQG
³6HFWLRQ5HTXLUHPHQWVRI'HVLJQDWLRQ´RI2UGLQ ance 70-89, as well as an Amendment to LDR
Section 4.5.1(K)(2), Designation of Historic Sites, to p rovide for the revised legal description of
the Fontaine Fox Designation. These changes are necessary as Lot 3 of the Ocean Apple
Amendment of Ordinance 70-89; 2012-005
HPB Meeting November 2, 2011
Page 2 of 3
Estates Plat is being replatted into the neighboring Ocean Apple Estates, Plat II. Th e new plat
ZLOOUHFRQILJXUHWKHVL]HRI/RWDQGVKLIWWKHH[LVWL QJQRUWKILIW\IHHW ¶ RQWR/RWVDQGRI
Ocean Apple Estates, Plat II. While Lots 1 and 2, Ocea n Apple Estates, Plat II are not presently
designated parcels, the historic designation of the ir new southern ILIW\IHHW ¶ ZLOOQRWEH
removed, and the overall boundary of the Fontaine Fox House designation will not be altered.
Any new development or improvements within the souther QILIW\IRRW ¶ portion of Lots 1 and 2
will continue to be subject to HPB review. The attached map indicates the existing and
proposed lot configuration, along with the border of t he historic designation.
The amendment to Ordinance 70-89 is now before the Boa rd for consideration.
ANALYSIS
LDR Section 4.5.1, Historic Preservation Sites and D istricts
(B), Criteria for Designation of Historic Sites or Di stricts
(1) To qualify as a historic site, historic district, histori c structure, or historic interior, individual
properties, structures, sites, or buildings, or groups of prope rties, structures, sites, or buildings
must have significant character, interest, or value as part of the historical, cultural, aesthetic,
and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district,
or historic structure, the property or properties must fulfill one or more of the criteria set forth in
division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the
criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d).
(2) A building, structure, site, interior, or district w ill be deemed to have historical or cultural
significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or act ivities of a major person important in
city, state, or national history (for example, the homest ead of a local founding family);
(b) Is the site of a historic event with significant effe ct upon the city, state, or nation;
(c) Is associated in a significant way with a major historic eve nt, whether cultural,
economic, social, military, or political;
(d) Exemplifies the historical, political, cultural, economi c, or social trends of the community
in history; or,
(e) Is associated in a significant way with a past or contin uing institution which has
contributed substantially to the life of the city.
(3) A building, structure, site, or district is deemed to have architectural or aesthetic
significance if it fulfills one or more of the following criteria; except that to qualify as a historic
interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d):
(a) Portrays the environment in an era of history characterize d by one or more distinctive
architectural styles;
(b) Embodies those distinguishing characteristics of an arch itectural style, period, or
method of construction;
(c) Is a historic or outstanding work of a prominent architect , designer, landscape architect,
or builder; or
(d) Contains elements of design, detail, material, or cra ftsmanship of outstanding quality or
which represented, in its time, a significant innovation or adaptation to the South Florida
environment.
(4) A building, structure, site, interior, or district w ill be deemed to have historic significance if,
in addition to or in the place of the previously mentione d criteria, the building, structure, site, or
zone meets historic development standards as defined by and listed in the regulations of and
criteria for the National Register of Historic Places, as prep ared by the United States