The URL can be used to link to this page

10-06-98 Regular llI-AmericaCity OCTOBER 6, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS t 993 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, proDram or activity conducted by the City. Contact DouD Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listeninD devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation bein9 as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetinDs 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 presidin9 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 concerninD any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Mana§er to take action on requests or comments. C. Regular Agenda and First Readin9 Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission MeetinD, individuals wishin9 to address public hearin9 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 si~n-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 makinD impertinent or slanderous remarks or who becomes boisterous while addressin9 the Commission shall be barred by the presidin9 officer from speakin9 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. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of September 22, 1998 6. Proclamations: A. Florida City Government Week - October 18-24, 1998 B. National Red Ribbon Celebration - October 23-31, 1998 C. Make A Difference Day - October 24, 1998 D. Domestic Violence Awareness Month - October, 1998 E. Calling for the Downtown Development Authority Referendum Election to be held on November 3, 1998 7. Presentations: A. Awards Presentation by Mayor Alperin - Celebration '98 Fine Art Exhibit 8. Consent Agenda: City Manager recommends approval. A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE DOWNTOWN DEVELOPMENT AUTHORITY ELECTION ITEMS: Authorize the Supervisor of Elections to handle and canvass absentee ballots for the November 3, 1998, Downtown Development Authority Referendum Election and represent the City at the requisite logic and accuracy tests. B. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $16,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). C. REPLACEMENT APPOINTMENTS FOR PROJECT COORDINATOR POSITION: Approve the appointment of Paul Dorling as the City liaison to Regular Commission Meeting October 6, 1998 the Pineapple Board Main Street Board of Directors, the alternate member to the Palm Beach County Beaches & Shores Council, the City representative on the Local Mitigation Strategy Steering Committee, and the alternative member to IPARC (Interlocal Plan Amendment Review Committee). D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 21st thru October 2, 1998. E. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $10,596.00 to Data Flow Systems, Inc., sole source provider, for the purchase of a remote terminal unit (RTU) to be used by the Environmental Services Department at Lift Station #16, with funding from 442-5178-536-61.83 (Water & Sewer R&R/Lift Station Rehabilitation). 2. Bid award at an estimated annual cost of $17,216.59 to Focus Camera, Inc., via City of Boca Raton bid, for photographic supplies, with funding from various departmental FY 1999 operating budgets. 3. Purchase award in the amount of $24,867.00 to Innovative Surveillance Technology (IST) for microwave equipment to be used for surveillance operations by the Police Department, with funding from 115-2141-521-64.90 (Police Department Special Projects). 9. Regular Agenda: A. CONDITIONAL USE REOUEST/EDUCATIONAL FACILITY FOR DELRAY BEACH INTERNATIONAL TENNIS RESORT ACADEMY: Consider a request for conditional use approval to establish an educational facility (i.e. language classes) associated with the Delray Beach International Tennis Resort Academy at Delray Racquet Club, located east of Lindell Boulevard, south of Egret Circle. QUASI-JUDICIAL PROCEEDING B. CONDITIONAL USE REQUEST/FOREIGN CAR ENGINEERING: Consider a request for conditional use approval to establish an automobile paint, body and repair shop in the MIC (Mixed Industrial and Commercial) District for Foreign Car Engineering. The subject property is located on the east side of Congress Avenue, approximately 720 feet north of Don Francisco's Way (N.W. 1st Street). QUASI-JUDICIAL PROCEEDING C. CONDITIONAL USE REOUEST/FIRST UNION TRUST OFFICE: Consider a .request for conditional use approval to establish a financial institution in the Central Business District (CBD) for First Union Trust Office. The subject property is located at the southeast corner of East Atlantic Avenue and Venetian Drive. QUASI-JUDICIAL PROCEEDING -3- Regular Commission Meeting October 6, 1998 D. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Consider a request from the Chamber of Commerce, on behalf of the Delray Beach Jaycees, to fix the amount of overtime to be paid by the Jaycees for the Holiday Pageant Parade. E. BID AWARD FOR CARBON DIOXIDE (WATER TREATMENT PLANT): Consider approval of a bid award in the estimated annual amount of $51,000 to Air Liquide America Corporation as the lowest responsive bidder (second low bid), via City of West Palm Beach joint bid with Delray Beach, for the purchase of carbon dioxide to be used for Water Treatment Plant operations, with funding from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals). F. REVIEW OF PEDI-CAB OPERATION: Consider a report from the Police Department concerning the pedi-cab service which has been operating in the East Atlantic Avenue for the past six months. G. GREAT FLORIDIANS 2000 PROGRAM: Consider making a recommendation as to a nominee or nominees for recognition through the Great Floridians 2000 Program. 10. Public Hearings: A. ORDINANCE NO. 37-98 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.13, "Central Business District", Subsection 4.4.13(C), "Accessory Uses and Structures Permitted", to allow Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Psychic Readers, Spiritualists, Numerologists and Mental Healers as an accessory use to Book Stores, Antique Shops, Gifts Shops, Music Stores, and Arts and Crafts Shops, subject to certain special provisions. B. ORDINANCE NO. 41-98 (FIRST READING/FIRST PUBLIC HEARING): An ordinance rezoning certain parcels of land in conjunction with the implementation of the Seacrest/Del-Ida Park Neighborhood Plan. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. C. ORDINANCE NO. 35-98: An ordinance rezoning a parcel of land (former Miller Dodge site) from SAD (Special Activities District) to AC (Automotive Commercial) District to accommodate Delray Kawasaki. The subject property is located on the west side of North Federal Highway, approximately 120 feet north of Allen Avenue. QUASI-JUDICIAL HEARING 1. CONDITIONAL USE REQUEST/DELRAY KAWASAKI: Consider a request for conditional use approval to allow full service vehicle repair for Delray Kawasaki Dealership, located on the west side of North Federal Highway approximately 2,800 feet south of Gulfstream Boulevard (former Dee Car Patio Factory Outlet/Miller Dodge site). QUASI-JUDICIAL PROCEEDING -4- Regular Commission Meeting October 6, 1998 D. ORDINANCE NO. 34-98: An ordinance providing for a small scale Future Land Use Map amendment from CF-C (Community Facilities- Churches) to Transitional, and rezoning from CF (Community Facilities) to POD (Professional Office District), for the WDBF Radio Station property located on the south side of West Atlantic Avenue, east of Homewood Boulevard. QUASI-JUDICIAL HEARING E. ORDINANCE NO. 36-98: An ordinance amending LDR Section 2.4.3(E), "Traffic Statements and Studies", by enacting a new subparagraph 2.4.3(E) (3) to provide that land use applications that will result in the addition of more than 50 employees on premises located in the City's Transportation Concurrency Exception Area shall include a program to implement employer-based transportation demand management activities. F. ORDINANCE NO. 38-98: An ordinance amending Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", of the City Code by amending Subsection 113.20(A), "Definitions", to provide an amended definition for "Alcoholic Beverage Establishment" G. SALE OF CITY-OWNED PROPERTIES (HOPE 3 PROGRAM): Consider approval of the sale of City-owned properties at 235 S.W. 1st Avenue (Lot 13, Block 63, Tenbrooks, Subdivision of part of Block 63), and 608 South Swinton Avenue (South 1/2 of Lot 16, Sellers Addition to Delray Beach), to income eligible homebuyers under the Hope 3 housing program, and authorize the execution of the associated contracts. 11, Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 44-98: An ordinance amending Appendix "A" (Definitions) of the Land Development Regulations by enacting definitions of "antique" and "secondhand material". If passed, a public hearing will be scheduled for October 20, 1998. B. ORDINANCE NO. 39-98: An ordinance rezoning a residential lot within Lambert Trailer Court (aka Floranda Trailer Park) from R-iA (Single Family Residential) to MH (Mobile Home) District. The subject property is located at 311 S.E. 12th Road which is on the north side of 12th Road approximately 450 feet west of southbound Federal Highway. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. C. ORDINANCE NO. 40-98: An ordinance annexing a parcel of land located approximately 280 feet south of West Atlantic Avenue -5- Regular Commission Meeting October 6, 1998 between Military Trail and Markland Lane; providing for a small scale Future Land Use Map amendment from County CHO/8 (Commercial High Office/Residential 8 units per acre), in part, and MR-5 (Medium Residential - 5 units/acre), in part, to City MD (Medium Density Residential 5-12 units/acre); and establishing initial zoning of RM-8 (Medium Density Residential - 8 units/acre) for Palm Gardens at Delray, a proposed assisted living facility. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. D. ORDINANCE NO. 42-98: An ordinance rezoning two parcels of land from RM-10 (Multiple Family Residential- Medium Density with a density suffix of 10 units per acre) to PRD-5 (Planned Residential Development - 5 units/acre), and from PRD-5 to RM-10, respectively, related to the realignment of a roadway within the Citation Club and Hammock Reserve developments. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. E. ORDINANCE NO. 43-98: An ordinance amending LDR Section 4.3.4(E), "Frontage", to provide clarifying language in the description of frontage; and amending Appendix "A" (Definitions) by repealing the current definition of 'frontage' and enacting a new definition of 'frontage' consistent with Section 4.3.4(E). If passed, a public hearing will be scheduled for October 20, 1998. F. ORDINANCE NO. 45-98: An ordinance amending Chapter 102, "Streets and Sidewalks", Subheading "Moveable Fixtures Within the Right-of-Way", of the City Code to clarify provisions and their applicability to modular newsracks, and providing for certain other changes. If passed, a public hearing will be scheduled for October 20, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 6, 1998 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING: 8. F. AGREEMENT WIT~ C~ILDREN'S SERVICES COUNCIL FOR TEE AFTER SCHOOL PROGRAM: Approve an agreement with the Children's Services Council of Palm Beach County which provides for reimbursement to the City from the CSC of up to $150,850 for the Parks and Recreation After School Program for the period October 1, 1998 through September 30, 1999. .". ~ WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 18th through October 24, 1998 as FLORIDA CITY GOVERNMENT WEEK in Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. To encourage educational partnerships between city government and schools and actively promote and sponsor Florida City Government Week. 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 6th day of October, 1998. MAYOR JAY ALPERIN SEAL WHEREAS, drug and alcohol abuse remain prevalent in Palm Beach County; and WHEREAS, residents must turn their energies toward strengthening families, neighborhoods, and communities and toward educating people about prevention because data shows that prevention works; and WHEREAS, our continued commitment to education, prevention, and building positive lifestyles is imperative; and WHEREAS, the 1998 Palm Beach County Red Ribbon Celebration focuses on the importance of strengthening parent/community networks by creating an environment in which our youth may live healthy, safe lives; and WHEREAS, that during this celebration, we honor the law enforcement officers in whose memory we use the symbol of the red ribbon, we look to the strength of a unified community in restoring the peace and order which has suffered with the influx of illegal drugs, and that we support the efforts of our communities to create healthy and safe neighborhoods. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 23rd through October 31, 1998 as NATIONAL RED RIBBON CELEBRATION in the City of Delray Beach, Florida, and encourage its citizens to wear a red ribbon and all businesses, media, and public and private institutions to display Red Ribbons to symbolize our commitment to establishing a healthy and safe community for our citizens, especially our children, and to participate in events throughout the celebration that support positive lifestyles. 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 6th day of October, 1998. MAYOR JAY ALPERIN SEAL ~.~ ,,. ~ ~ ~ t~ ......... ........ MEMORANDUM FROM: Mira ~or~e, Chai~erson Pa~nersh¢ for a Dmz-Free Communi~ RE: Red' ~bbon Celebraffon ~odamations The Partnership for a Drug Free Community is coordinating the 1998 Red Ribbon Celebration, October 23 to 31. The Red Ribbon Celebration began in 1985 as a combined result of outrage and frustration at the brutal torture and murder of a Federal Drug Enforcement Agent by drug traffickers in Mexico. The Red Ribbon has come to symbolize the outrage that is felt across the country by communities. Drug availability has increased to a point where no community, home or school is immune from the problem. Our goals for the 1998 Red Ribbon Celebration are: · To support activities that increase awareness concerning alcohol and other drug problems facing our community. And · To support activities that promote drug free, healthy lifestyles. We are requesting that your municipality proclaim October 23-31 as the Red Ribbon Celebration. We have enclosed a sample proclamation, ideas and activities list for Red Ribbon Week and an orders form. Please let us know when the proclamation will be on the agenda. We would like to be there to receive it. Please call Claudia Kirk Barto at 375-6608 or toll free at 930-8929. Thank you, your participation is vital. 1~ A program of United Way of Palm Beach County 2600 Quantum Boulevard · Boynton Beach, Florida 33426 · (561) 375-6608 · Fax (561) 375-6628 e-mail: uwaypbc@gate.net · Web site: www,unitedwaypbc.org -SAMPLE- PROCLAMATION WHEREAS, tobacco, alcohol, and other drug abuse remain prevalent in Palm Beach County; and WHEREAS, Residents must tum their energies toward strengthening families, neighborhoods, and communities and toward educating people about prevention because data shows that prevention works; and WHEREAS, our continued commitment to education, prevention, and building positive lifestyles is imperative; and WHEREAS, the 1998 Palm Beach County Red Ribbon Celebration focuses on the importance of strengthening parent/community networks by creating an environment in which our youth may live healthy, safe lives; and BE IT FURTHER RESOLVED that during this celebration, we honor the law enforcement officers in whose memory we use the symbol of the red ribbon, we look to the strength of a unified community in restoring the peace and order which has suffered with the influx of illegal drugs, and that we support the efforts of our communities to create healthy and safe neighborhoods. NOW, THEREFORE, BE IT RESOLVED that I, .., Mayor of the City of ... , do hereby proclaim October 23 through October 31, 1998, "NATIONAL RED RIBBON CELEBRATION" IN THE CITY OF when every citizen is encouraged to wear a red ribbon and all businesses, media, and public and pdvate institutions display Red Ribbons to symbolize our commitment to establishing a healthy and safe community for our citizens, especially our children, and to participate in events throughout the celebration that support positive lifestyles. l:deas and Activities for the 1998 Red Ribbon Celebration Hold an Anti-Drug Brown Bag Lunch October 23-31, 1998 to educate your employees on the Red Ribbon Celebration and b~ug Awareness. · ]:nclude Drug Awareness Znformation in your newsletter, announcements or paychecks. · Supply red ribbons to all employees and encourage them to wear them. · Create a parade of red ribbons on main roads in your community or leading up to your business. · Decorate vehicles with red ribbons. · Display ribbons or banners on buildings. · Answer telephones, "Red Ribbon Celebration...My Choice... Drug Free" · All red cars park closest to the front door or employee entrance. · Host a "Say Boo to Drugs Party" in con~unction with your office Halloween Party. For more information contact Claudia Kirk Barto (561) 37~-6608 A program of United Way of Palm Beach County 1998 Red Ribbon Celebration Yes] I endorse the Red Ribbon Celebration. ?lease send me additional information on the following ways that I con pledge my support. Supply red ribbons to all employees ~ $0.t5 a piece Display a ribbon or banner on the building $50 or with Iago $75. Publish on article in a newsletter or in-house publication Hold o special Drug Education Program Provide drug free informotion with p~ych¢ck Attend Partnership for a Drug-Free Community F, ick off Event and Red Ribbon Celebration Awards Luncheon. Help underwrite the Awards buncheon, Red Ribbon Rally at a school or Family Concert. Sponsor red ribbon stickers for school children Other: Name: Organization: Address: Phone: Contact: Claudia Kirk Barto at (561) 375-6608 or Fax (~61) 37~-6628 Please make checks payable to: Partnership for a Drug-Free Community THE RED RIBBON CELEBRATION 1998 AWARDS NOMINATION FORM Person Nominating: Name: Phone: Company/Organization: Street Address: City, State & Zip: NOMINEE INFORMATION Please use a separate form for each nomknation CHOOSE ONE CATEGORY Please see reverse side for descriptions of categories ID Business ID Government/Mun/cipality ID Schools/Youth [221 Community/Neighborhood 121 Media ~ Service Providers ID Criminal Justice/Law Enforcement ID Religious Organi:~ations ID Tm-a-around Name: Phone: Company/Organization: Street Address: City, State & Zip: Print or type answers to the following, using separate sheet(s) of paper: 11 Give a brief description of why this person or organization should be nominated using this format. Also, include the names and phone numbers of two references. Need: Describe need for nominee's service(s). Impact: Describe impact or difference nominee's service made to community. How many people were Action: Was nominee active, founder, figurehead? affected'?. Explain. Challenges: Did nominee overcome challenge Initiative: Did nominee start new program, use new (physical or mental handicaps, limited resources, methods to solve problems, initiate activities, public perception)? promote collaboration with other organizations? Explain. Other: Wb, y do you believe your nominee deserves a Red Ribbon Award? Achievement: Did nominee accomplish desired results? Explain. Please submit original along with seven (7) copies. ~9minations must be received by September 2. 1998 Mail to: Claudia Kirk Barto * The Red Ribbon Celebration * Partnership for a Drug-Free Community 2600 Quantum Boulevard * Boy'aton Beach, FL 33426 * Phone (561) 375-6608 * fiix (561) 375-6628 BACKGROUND The Red Ribbon Celebration has a simple pu~ose: to present a unified and visible commitment toward the creation of a healthy drug-(ree Palm Beach County. The campaign originated ha 1985 when Federal Drug Enforcement Agent, Enrique Camarena, was brutally murdered by drug traffickers ha Mexico. The Ked Ribbon became a national symbol to eliminate the demand for drugs. The campaign is now a catalyst to mobilize communities into action by estabIisking broad-based con~maunity coalitions working toward the same goal of communities. In palm Beach County the Red R2bbon Celebration is coordinated by the Partnerskip for a Drug-Free Community a program of United Way of Palm Beach County. A w .~..D CRITERIA Individuals or public/private orgarfizations who have gone above and beyond the call of duty in creat~g a dxug~fx~: community here in Paim Beach County in the pas: year. CATEGORIES Business: Any commercial, industrial, c~r professional private sector establishment, or any individual employed by such (i.e., BellSouth, Chambers of Commerce) Community/Neighborhood: .~.n¥ individual, ~oup, or organization affiliated with a neighborhood or community Criminal JusticefLaw Enforcement: ,~.y taw enforcement officer, department, or division of the Crimi.ual J'ustice System, inc!uding but not limited to police departments, public safety departments, etc. Government/Municipality: ?aim Beach County or local government located within Palm Beach County or any department or division thereof or any individual employed by such ~ Any form of' mass communication, including but not limited to newspapers, magazines, radio, and television or an individual working with the media Religious Organizations: A. ay organi?ation or individual with a religious affiliation, inclucling but not limited to churches, synagogues, youth groups, etc. ,~dZO. I,~Z~ A~y educational Lnstimtion, public or pHvme, or a school-sponsored club or organization, or a teacher, or a student Service Providers; Any individual, facility, or organization, public or private, that serves the residents of Palm Beach County ~ An hadividual that has turued theft life around and broken flee firom the grips of addiction, and who is also committed to spreading a drug-free message throughout PaLm Beach County. AWARD PRESENTATION Nominees will be honored, compliments of the committee, at the Red Ribbon Celebration Awards Luncheon on Friday, October 30, 1998 at the Sheraton Hotel West Palm Beach. To attend, please RSVP to Klm at (56I) 375- 6650 by October 20, 1998. Cost is 525 per person. Should you have any questions or need tnor¢ information, Claudia Kirk Barto at (56t) 375-6608. WHEREAS, serious social problems concern our nation and threaten its future; and WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and WHEREAS, we, the American people, have a tradition of philanthropy and volunteerism; and WHEREAS, more than one million self-sacrificing individuals touched and enhanced the lives of millions on the seventh annual day of doing good by giving where there is need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and WHEREAS, USA WEEKEND and its affiliate newspapers, and The Points of Light Foundation and its affiliate Volunteer Centers, have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and WHEREAS, volunteer service is an investment in the future we all must share. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 24, 1998 as MAKE A DIFFERENCE DAY in Delray Beach, Florida, and urge all citizens to observe this day by connecting with friends, fellow employees and relatives, and with religious, school and civic groups to engage in projects benefiting their 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 6th day of October, 1998. MAYOR JAY ALPERIN SEAL August 20, 1998 -~---- TO: Ail Department Heads ~,%AKE A ,~I~FERENCE DAY ~ ~' , ': Nancy King ~t:;,~'~C'~!: ~,~ Please let me know if your department ~D~ '~ ~ is planning any activztles in Z~~E~~~ = ~ o~&~ = August 4, 1998 De~ Governor: JUDGES On Saturday, October 24, more ~ one million citizens across ~efica will spend ~eir a~o~a ~s~a, day help~g o~ers on ~e eigh~ ~ual M~e A Difference Day. M~y of~ose ' s,~,~r,~ ,,,~n~o~t volunteer activities will ~e place ~ your ~te, by your constituent. We invite you to ,~u[,m~ officially suppo~ ~d personally join, ~is action. Founder and ~esioent, Ne~an's ~, Inc. s,~,ce~ c.~sx~, We've enclosed a promotional brochure ~d fact sheet about M~e A Difference Day: aoo~ uo~,~ a~o~ * Scope. 1.3 million volunteers s~ul~eously p~icipated ~ ne~ly 5,500 com, ~v~ mmm~i~ semite projecB nationwide ~ l~t ye~'s event. Chil&en were ~ven co~ ~ ~,~t food ~d clo~ shelters were renovmed, hospital patien~ were comfo~ed ~d ROB[~ K GOODWIN President an~ CEO, govement social se~ice effo~ were ~lstered. Poin~ of U~t FounCat~n U~m~ ~u~,O * $2.5 million for chad,. ~ous~ds of p~icip~m will receive aw~ds to help Prosioe,t, CEO & EO~or ch~ties of~ek choice. Donations ~e ~om Paul Nem~ Nem~'s O~. Inc.; USA WEE~ND Wal-M~ ~e Retail Suppo~er cftc Day; ~d USA ~E~ ~d ~e G~e~ Fo~dation. EMERITUS JUDGES · Spoasom. ~e A Differenc~ Day is a national day of volunteering created in ] 992 MAYA ANGELOU by USA ~E~ mag~in¢ JUUAN BOND ~ ) sTEPHEN R. COV~ Previously, your state h~ issued a proel=ation ~ ,upp~fM&e A Difference Day. a,c,~,o o,~ss We need your help to call the. nation to semite aga~ ~is ye~. Can we count on a ~,~ MICHAEL EISNER proclmation ~om you again ~is ye~? We've enclosed a staple proclmation with ~_. CHAR~YNE HDmS"-G~DL~ suggested l~age for'your consideration. If ~m~[ ~[[ ,~o~ ~ow md we'll ~ge ~at. wu,s ~ossm ~.. For more Nfo~ation about ~e Day, ple~e have a s~member call ~e Points of Light ,~o~, Juo~ Foun~fion's M~e A Difference Day Hotline at 1-800-41 ~3824; to find out about ~tw~ ~oussa~m projecB being plied N your state, visit ~e website at ~.usaweekend.co~diffday. If you'd like to pmicipate in a M~e A Difference Day prQec~ or pl~ a project for your EDWAR~ J~MES OLMOS fmily, stuff or entire rote, we c~ help. In fact USA ~E~ mag~ine would like C~ISTINA SARALEGUI to tell i~ 4 ~ million readers ~bout your personal interc~ and p~[cipstion. ANDR~ SHUE KRISTI YAMAGUCHI ~~ ~~~ Bob G~Mn ~rcia B~lard President and Chief ~ecufive Officer President, CEO and ~tor PoinB of Light Fo~fion USA ~E~ND USA WEEKEND 1000 Wilson Boulevard Arlington, VA 22229 (703) 276-6445 FAX (703) 276-5518 POINTS OF LIGHT FOUNDATION 1400 I Street, N.W. Suite 800 Washington, D.C. 20005 (202) 729-$000 FAX (202) 729-8100 MAKE A DIFFERENCE DAY IS SATURDAY~ OCT. 24, 1998 SAMPLE PROCLA3~TION WHEREAS, serious social problems concern our nation and threaten its future; and WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and WHEREAS, we, the American people, have a tradition of philanthropy and volunteerism; and WHEREAS, more than 1 million self-sacrificing individuals touched and enhanced the lives of millions on the seventh annual day of doing good by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and WHEREAS, USA WEEKEND and its affiliate newspapers, and The Points of Light Foundation and its affiliate Volunteer Centers, have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and WHEREAS, volunteer service is an investment in the future we all must share; NOW~ THEREFORE, I [NAME/TITLE] do hereby proclaim Oct. 24, 1998, as Make A Difference Day in [CITY/STATE], and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives, and with religious, school and civic groups to engage in projects benefiting their community. Signed this [DATE] day of [MONTH], 1998 AL4KE A DIFFERENCE DAY HOT LINE: 1-800-416-3824 DOING GOOD www.usaweekend.com ¢~,',. ~.?--;~'~,,..~, MAKE A DIFFERENCE DAY IS SATURDAY~ OCT. 24, 1998 Make A Difference Day Ideas for Mayors and Governors:. IF YOU DECIDE TO PROCLMM OCT. 24 MAKE A DIFFERENCE DAY You might ... .o. hold a press conference and sign the prociamation in a neighborhood where Make A Difference Day projects have been planned. This could help publicize and kick off efforts for October 24 and demonstrate your commitment to community service. ... contact a Volunteer Center near you and offer to be involved in the projecU they are planning. They may want you to give a speech at the kickoff of one of their major events, or they may simply ask you to work side by side with other volunteers, serving food, landscaping parks, painting schools, etc. Your involvement wou~d present excellent opportunities for media recognition of volunteer efforts. Call your local Volunteer Center at [INSERT YOUR CONTACT INFORMATION.] .., take your'family and friends to a soup kitchen or shelter on Make A Difference Da}, to do community service, showing that you are willing to physically and personally tackle problems in your community. ... assign a community-wide coordinator to organize grass-roots action in cooperation with your local Volunteer Center. ... identify a special problem challenging your community -- homelessness, flood damage, child care - and urge your citizens to tackle that problem on Make A Difference Da}: ... use Make A Difference Day as a way to initiate action on a major community concern or issue. ... tell the local paper that carries.USA WEEKEND and is a local co-sponsor of Make A Difference Day that you back this day of community service and let them know that you will participate in projects on Oct. 24. /V~KE ~ DIFFERENCE D~.~' HOT LINE: 1-800-416-3824 DOING GOOD www. usaweekend.com REWARDS FOR YOUR ACTION -:~..~ ~. '~ ...... . ~ 'r ~ ~ ~ ~,~: ~'. .... J:. , ~ Paul N~man Spencer Christian Gloria E,reran ~ .~ -:.: .L'~ ~ ~ : .: ~-"L . ~ ......... Founder ~ President. Weathe~an S~nger and Starting Aug. 10, managers of WaI-Mart's more than 2,300 stores will each have a total of $1,000 in grants to help you fund local Make A Robe~ K. Goodwin Marcia gullard Collin Raye Difference Day projects. This money can be P~d~.t&c~o ,~d~.t,C~O~tor Co.~t~.~i~ ~oin~ of Light Foundation USA WEEKEND Artist used to develop new or continuing programs on USA WEEKEND's Make A Difference Day as This panel of judges will select the 8th annual Make A long as you are affiliated with a 501(c)(3) charity. Difference Day Awards. All entrants are judged on impact If you would like a grant, see your local and imagination. Pastaward recipients include individuals, Wal-Mart manager and explain your Oct. 24 children, families, schools, corporations, church grodp~, project. This is the first time charitable co-workers, clubs. The only requirement: Do something ' donations are available before Make A good for someone else on Make A Difference Day. Difference Day to help volunteers plan and execute projects. The donations are available ... from Wal-Mart, Make A Difference Day's retail supporter. :; -' ~;, '~ ~; ~ ;-~, ,~.~ ......--~ ~- ;o Each year, selected Make A Difference Day volunteers receive awards to help their good work. This year, more volunteers receive more awards. $10,000 to 10 projects. Paul Newman, who donates all after-tax profits from sales of Newman's Own products to educational and charitable purposes, continues his support of Make A Difference Day. Mr. Newman will donate $10,000 each to 10 sele~ed projects. to 2 projects in each : state. Wal-Mart, the new retail supporter of USA WEEKEND's Make A Difference Day, will donate $2,000 to 1~ proje~s (~,o from every state, the Distri~ of Columbia and Puerto Rico). ~ Awards from the Gannett Foundation ............ will honor past national honorees who continue to participate. Honorees will be ~: spotlighted in the April 16-18, 1999, issue of USA WEEKEND, coinciding with National {nAIbany. G~..teacherC~edneWhiff[eldhe[psstuden,~ Volunteer Week, and on our Web site Banisha and M~iicah ~er plant flowers a: school o~ ~. usaweekend.com. Make A Difference Day. They joined 6,000 od~er people who did 175 projec~ in ~eir corner of Georgia. W~EREAS, the month of October has been designated as National Domestic Violence Awareness Month; and WHEREAS, Aid to Victims of Domestic Assault (A.V.D.A.) has served as an emergency shelter for women and children who are victims of domestic violence in the City of Delray Beach; and WHEREAS, A.V.D.A has provided emergency assistance for crime victims; and WHEREAS, A.V.D.A. has served 374 individuals during the year 1997-1998; and WHEREAS, A.V.D.A. has provided information, referrals, and crisis counseling for 13,168 individuals during 1997-1998; and WHEREAS, A.V.D.A. has provided community education for 317,295 individuals for 1997-1998. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 1998 as DOMESTIC VIOLENCE AWARENESS MONTH in Delray Beach, Florida, and urge all citizens to participate in the month-long activities and commend A.V.D.A. for its supportive services in assisting victims of domestic violence to recommence their lives. 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 6th day of October, 1998. MAYOR JAY ALPERIN :~'::.. WHEREAS, the Charter of the City of Delray Beach, .: .. Florida, provides for the calling of a Special Election for the purpose , .-. of holding a Referendum Election; and WHEREAS, the Legislature of the State of Florida adopted Chapter 98-503, Laws of Florida (House Bill 4127), which amends the "Delray Beach Downtown Development Authority Act" (Chapter 71-604), Laws of Florida, as further amended) to provide for inclusion of properties west of Swinton Avenue westward of the current Downtown Development Authority area to include those properties lying approximately south of N.W. 1st Street, and properties lying north of S.W. 1st Street, bounded generally on the west by Interstate-95, all such properties lying within the municipal boundaries of the City of Delray Beach, with said geographic boundaries being more particularly described in Chapter 98-503, Laws of Florida (House Bill 4127); providing for seven (7) members on the board for the Delray Beach Downtown Development Authority; providing that four (4) members of the Board of Directors of the Delray Beach Downtown Development Authority shall be owners of realty with the Downtown Area, a lessee required by the lease to pay taxes, or a director, officer, or managing agent of an owner or of a lessee thereof so required to pay taxes thereon; requiring at least four (4) affirmative votes of the authority to take any action, upon fulfillment of certain conditions, on of which is the holding of a referendum election in regard to such question; and WHEREAS, Chapter 98-503, Laws of Florida (House Bill 4127) requires that voting in the referendum election shall be by separate vote of the qualified electors in the current and proposed areas of the Delray Beach Downtown Development Authority. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby call for such referendum election to be held on Tuesday, November 3, 1998, between the hours of 7:00 a.m. and 7:00 p.m., with the affected precincts and polling places in the City of Delray Beach, as designated by the Supervisor of Elections for Palm Beach County, being as follows: Precinct No~. polling Places 170 Church of the Palms, 1960 North Swinton Avenue 172 Pompey Park Recreation Center, 1101 NW 2nd Street 172A,B,C,D Cornell Museum/Old School Sq., 51 N. Swinton Avenue 173 Delray Full Service Center, 301 SW 14th Avenue 175 Delray Beach Community Center, 50 NW 1st Avenue 175A Cornell Museum/Old School Sq., 51 N. Swinton Avenue 189 & 190 Adult Recreation Center, 802 NE 1st Street Ail qualified electors who shall be permitted to vote in this election are those within the current geographic area of the Delray Beach Downtown Development Authority and the geographic area proposed to be added to the Delray Beach Downtown Development Authority pursuant to Chapter 98-503, Laws of Florida (House Bill 4127). - 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 6th day of October, 1998. MAYOR JAY ALPERIN DELRAY BEACH ~ CITY CLERK loo N.w. 1st AVENUE. DELRAY BEAOH. FLORIDA 33444, ,07/243-7000 VIA F~ ]993 & ~~ ~IL October 7, 1998 Ms. Theresa LePore Supervisor of Elections PBC Governmental Center 301 N. Olive Avenue, Room 105 West Palm Beach, FL 33401-4795 Re: Delra¥ Beach DDA Referendum Election Dear Theresa: At the October 6, 1998, regular meeting, the Delray Beach City Commission designated you to handle the absentee ballots for the Downtown Development Authority Referendum Election to be held on November 3, 1998. You were designated to canvass the absentee ballots as well. In addition, the City Commission designated you to represent the City of Delray Beach at the requisite logic and accuracy tests for the November 3rd election. As always, your assistance is greatly appreciated. If you need additional information or have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m cC: Marjorie Fetter, Downtown Coordinator DDA Referendum file THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~i~"~ SUBJECT: AGENDA ITEM ~ ~'~- REGULAR MEETING OF OCTOBER 6, 1998 AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE ITEMS RELATED TO THE DDA REFERENDUM ELECTION DATE: OCTOBER 1, 1998 This is before the Commission to authorize Theresa LePore, Supervisor of Elections for Palm Beach County, to handle the City's absentee ballots for the November 3rd Downtown Development Authority Referendum Election. Ms. LePore's office is equipped with a computerized system for monitoring ballot requests, distributions, accounting for unreturned ballots, as well as electronic signature verification. She will also insure that the absentee ballots are held in safekeeping prior to canvassing. The Supervisor of Elections should also be authorized to represent the City at the canvassing of the absentee ballots. It is further recommended that Ms. LePore be designated to represent the City's canvassing board at the logic and accuracy (L&~A) testing of the electronic tabulating equipment. The L&A tests will be conducted on Friday, October 30, 1998, as well as on election day both before and after counting of the ballots, at both the South County and West Palm Beach election office sites. Recommend authorizing the Supervisor of Elections for Palm Beach County to handle/canvass the City's absentee ballots for the DDA Referendum Election to be held on November 3, 1998, and designate her as the City's representative at the requisite logic and accuracy tests. ref:agmemol3 Memorandum TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator'~,~ THRU: Lula Butler, Community Improvement Director ~ DATE: September 29, 1998 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In parmership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period accounting to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $40,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the one eligible applicant of the following property: Lot 1, BIk 15, Delray Shores / $16,000.00 s;\commun~'enprg\comagend.doc AGENDA REQUEST Request to be placed on: Date: September 29. 1998 __ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: October 6. 1998 Description of item · Authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $16.000.00 ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership Program (SHIP). SHIP Total $16,000.00 Account # 118-1924-554-83.01 Department Head Signature: ~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): ,/~ Funding Available: ~/NO Funding Altematives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: E~qgNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action' Approved/Disapproved s:\commun-l\cd\renprgm\comagend.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 66.04 NAME Ostone and Marie Meduse PROPERTY ADDRESS 3100 Cortez Lane. Delray B~ach. Florido 33445 LEGAL DESCRIPTION Lot 1, Block 15. Delray Shores 1 st ADD, PB. 28. P. 2 % OF AREA MEDIAN HOUSEHOLD INCOME 59 # IN HOUSEHOLD _.6 COST OF EXISTING UNIT $105.000 COST OF REHABILITATION $ 2.150 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 89,000.00 Bank Atlantic RATE 7.00 % LTV 85 % SECOND MORTGAGE $ City of Delmy, HOME $ 16.000.00 City_ of Delray. SHIP $ CRA of Delray $ Housing Authorit.v THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ 2,000,00 County Bond Program APPLICANT FUNDS Escrowed $ 2.500.00 Paid at closing $ 953.00 TOTAL TRANSACTION $ 110,453.00 s:\commun~renprg\suberqsfisubrest.doc SUBJECT: MEETING OF OCTOBER 6, 1998 *CONSENT AGENDA** ~ '~ ~RLING TO SERVE AS THE CITY LIAISON O...N/"rHE PINEAPPLE GROVE MAINSTREET, INC. BOARD OF DIRECTORS, THE~.AL-?ERNATE MEMBER TO THE PALM BEACH COUNTY BEACHES AND SHORES COUNCIL, THE CITY REPRESENTATIVE ON THE LOCAL MITIGATION STRATEGY STEERING COMMITTEE, AND THE ALTERNATE MEMBER TO THE INTERLOCAL PLAN AMENDMENT REVIEW COMMITTEE (IPARC). As you know, Project Coordinator John Walker resigned his position in July of this year. John served on numerous boards and committees, and it is necessary to appoint his replacement. Paul Dorling has taken over John's position, including the functions related to beach preservation, comprehensive planning, and hazard mitigation, and is therefore the most appropriate person to replace him on the committees described below: Palm Beach County Beaches and Shores Council: The Council's primary function is to serve as a forum for information exchange and cooperative efforts to assist the participants in fulfilling interests of beach and shore protection, preservation and/or enhancement. The regular member representing the City is Mayor Alperin. Paul Dorling will replace John Walker as the alternate member. IPARC: The Interlocal Plan Amendment Review Committee is comprised of Planning Directors throughout the County, and performs early review and coordination of Comprehensive Plan amendments that affect multiple jurisdictions. I am the regular member for the City; Paul will replace John as my alternate. Local Mitigation Strategy Committee: Palm Beach County and its municipalities, in partnership, are in the process of developing a unified local hazard mitigation strategy. Their recommendations will become part of a Statewide Hazard Mitigation Strategy. The County has contracted with the Treasure Coast Regional Planning Council to perform the work, with direction given by a steering committee comprised of County and City representatives. Paul will replace John as the City's representative on this committee. In addition, I have served as the City's liaison to Pineapple Grove Main Street, Inc. and have been a member of the Board of Directors since its creation in 1994. I think it is appropriate at this time to have another staff person appointed to serve as the City liaison on the Board. Paul has volunteered for that task. By motion, approve the appointment of Paul Dorling as the City of Delray Beach liaison to the Pineapple Grove Mainstreet, Inc. Board of Directors, the alternate member to the Palm Beach County Beaches and Shores Council, the City representative on the Local Mitigation Strategy Steering Committee, and the alternative member to IPARC. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~.~ SUBJECT: AGENDA ITEM ~.~.- REGULAR MEETING OF OCTOBER 6, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 1, 1998 Attached is the Report of Appealable Land Use Items for the period September 21st through October 2, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVID T. HARDEN, CITY MANAGER ~~A D~ZO~tL[ THRU: DIANE DOMINGUEZ, DIRECTOR OF PLA N~_~./ FROM: JASMIN ALLEN, PLAN N ER/¢/~'-J'~-'/7 ~ / SUBJECT: MEETING OF OCTOBER 6, 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 2'1, 1998 THRU OCTOBER2, 1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 21, 1998 through October 2, 1998. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval with conditions (7 to 0 ), of a conditional use request for Delray Beach International Tennis Resort Academy to allow the provision of language classes to students enrolled in the tennis academy at Delray Racquet Club, located east of Lindell Boulevard, south of Egret Circle. · Recommended approval (7 to 0), of a rezoning from R-1-A (Single Family Residential) to MH (Mobile Home) for a residential lot within Lambert Trailer Court (aka Floranda Trailer Park), located on the north side of SE 12th Road, approximately 450 feet west of U.S. Highway No. I. City Commission Documentation Appealable Items Meeting of October 6, 1998 Page 2 · Recommended approval (7 to 0), of a conditional use request to establish a financial institution within the CBD (Central Business District) for First Union -Trust Office, located at the southeast corner of East Atlantic Avenue and Venetian Drive. · Recommended approval (7 to 0), of Future Land Use Map amendment from County CHO/8 (Commercial High Office/Residential 8 units per acre) in-part, and MR-5 (Medium Residential-5 units/acre)to City MD (Medium Density Residential 5-12 units /acre), and annexation with initial zoning of RM-8 (Medium Density Residential - 8 units/acres) for Palm Gardens at Delray, located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane. Recommended approval (7 to 0), of a conditional use request to allow the establishment of an assisted living facility containing 344 beds and an adult day care with a capacity of 20 clients for Palm Gardens at Delray, located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane. · Recommended approval (7 to 0), of a conditional use request to establish an automobile paint body and repair shop and the provision of towing services, with no outside storage, in the MIC (Mixed Industrial and Commercial)district for Foreign Car Engineering, to be located on the east side of Congress Avenue, approximately 720 feet north of Don Francisco's Way (NW 1st Street). · Recommended approval (7 to 0) of an amendment to the Land Development Regulations, Appendix "A" (Definitions), adding definitions of "Antique" and "Secondhand Material". · Recommended approval (7 to 0) of an amendment to the Land Development Regulations Section 4.3.4(E) (Frontage) and to Appendix "A" (Definitions), to clarify the definition of frontage. No Regular Meeting of the Board was held during this period. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF OCTOBER 6, 1998 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 1, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award in the amount of $10,596.00 to Data Flow Systems, Inc., sole source provider, for the purchase of a remote terminal unit (RTU) to be used by the Environmental Services Department at Lift Station #16, with funding from 442-5178-536-61.83 (Water & Sewer R&R - Lift Station Rehabilitation). 2. Bid award at an estimated annual cost of $17,216.59 to Focus Camera, Inc., via City of Boca Raton bid, for photographic supplies, with funding from various departmental FY 1999 operating budgets. 3. Purchase award in the amount of $24,867.00 to Innovative Surveillance Technology (IST) for microwave equipment to be used for surveillance operations by the Police Department, with funding from 115-2141-521-64.90 (Police Department Special Projects). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: September 23, 1998 _XX_Consent Agenda Special Agenda Workshop Agenda When: October 6, 1998 Description of agenda item (who, what, where, how much): Approve award to purchase a (RTU) Remote Terminal Unit from Data Flow Systems, Inc., the sole source provider for this equipment for a total cost of $10,596.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Data Flow Systems, Inc., for a total cost of $10,596.00. Funding from account code #442-5178-536-61.83. Department Head Signature:~N,. Determination of Consistency with l~9tfiprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (reqnired on all items involving expenditnre of fnnds): Funding available: Funding alternatives:'"2~/~' ~/Z~ht> (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~,~/NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer ~ THROUGH: Joseph Safford, Finance Director DATE: September 22, 1998 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 6, 1998 - PURCHASE AWARD FOR A (RTU) REMOTE TERMINAL UNIT FOR ENVIRONMENTAL SERVICES DEPARTMENT Item Before Commission: The City Commission is requested to approve the purchase of the above referenced subject to Data Flow Systems, Inc., at a total cost of $10,596.00. Background: The Environmental Services Department is requesting to purchase a remote telemetry unit to be utilized at Lift Station gl 6. The unit will be purchased from Data Flow Systems, Inc., sole source provider for this equipment. (Please see attached memo dated 9/22/98) Recommendation: The Purchasing Staff concurs with the recommendation to approve the award to Data Flow Systems Inc., for a total cost of $10,596.00. Funding is from account #442-5178-536-61.83. Attachments: Memo from Deputy Director of Environmental Services, Dated 9/22/98 Quotation from Data Flow Systems, Inc., Dated 9/17/98 cc: Jacklyn Rooney, Purchasing Supervisor ~ agenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: JACKIE ROONEY, SR. BUYER FROM: C. DANVERS BEAT~ '-----~~ DEPUTY DIRECTO~~ ENVIRONMENTAL SERVICES DEPARTMENT DATE: SEPTEMBER 22, 1998 SUBJECT: REQUISITION #65149 Please let this memorandum serve as justification, for the purchase of a remote telemetry unit to be utilized at Lift Station #16. This unit will be purchased from Data Flow Systems, a sole source provider. Trio Construction is presently rehabilitating Lift Station #16, and the aforementioned telemetry unit if purchased by the City rather than through the contractor will realize a savings of 20%. As you know, telemetry is one of the most vital functions of the lift station operation to insure that the station operates correctly and efficiently. Your immediate attention to this matter will be greatly appreciated. jf 407~4~?~44 DELR~Y BERCH MRINT. ?B? P01 SEP 17 'DB 15:07 Data Flow Systems, Inc. September 17, 1998 Quote No. 980917-01-dw Fax: 561-243-7344 Re: Lilt Station #16 Rehab ~ Dear~~. I am pleased to offer a revised quotation for a remote terminal unit (RTU), compatible with Delray Beach's existing radio telemetry system, for the above-captioned project. The unit is offered as a turnkey product and, with the exception of conduit, pipe tapping, and rain gauge mounting, which is to be provided/performed by others, includes all necessary installation labor and materials (wire, concrete, tie wraps, mounting hardware). This quotation assumes the existing antenna system will be reused. A separate list of priced spares follows the RTU quote. This quotation includes, and is limited to, the following: (1) RTU204 (1) 316 ss enclosure w/modular backplane $ 2,006.00 (1) Radio Interface Module/radio 1,095.00 (1) Pump Control Module 995.00 (,1) Analog Monitor Module 979.00 (2) Spare module positions .00 (1) Power Supply Module 373.00 (1) Backup battery 30.00 (1) Transient Filter Shield surge protection 136.00 (1) Installation Labor & Travel 833.00 Subtotal $6,447.00 Spare Pa~s List (1) Radio Interface Module/radio $1,095.00 (1) Pump Control Module 995.00 (1) Digital Monitor Module (accepts pulse) 707.00 (1) Analog Monitor Module 979.00 (1) Power Supply Module 373.00 Subtotal $4,149.00 one page to follow 40?243?344 DELRAY BEACH MAINT. ?8? P02 SEP 17 '98 13:07 This quotation totals $~0,596.00, Prices are F.O.B. job site. Lead time is 8-10 weeks ARO. Terms are Net 30. This quote will be honored for 90 days, Thank you for your inquiry. Sincerely, Data Flow Systems, Inc. David S. Walker Jr. Sales Manager c:~letters',delray~oi980917 .quo end of fax Agenda Item No.: ~ AGENDA REQUEST Date: October 01, 1998 Request ~o be placed on: Consent XX ~e~-l-~r Agenda Special Agenda Workshop Agenda When: October 06, 1998 Description of agenda item (who, what, where, how much): Bid Award - Bid #98-110 - City of Boca Raton - Joint bid with City of Delray Beach for photographic supplies. Award to Focus Camera Inc. at an estimated annual cost of $17,216.59, ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award of photographic supplies to Focus Camera: Ina. at an estimated annual cost of $17~216.59 via the City of Boca Raton Bid #98-110. Funding from various department's 1998-99 operating budget. Department Head Signature: ~~'%' Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (re~ired on all items involving expenditure of funds): Funding available: ~/ NO Funding alternatives:~ (if applicable) Account No. & Description: Account Balance: ~~ . ~_~ City Manager Review: ApprovedHold Until: for agenda: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Safford, Finance Director DATE: October 01, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 06, 1998 - BID AWARD - BID #98-1 I0 PHOTOGRAPHIC SUPPLIES - CITY OF BOCA RATON Item Before Commission: City Commission is requested to approve the award for the purchase of various photographic supplies to Focus Camera, Inc., at an estimated annual cost of $17,216.59, via the City of Boca Raton Bid #98-110. Background: The City of Boca Raton is the lead agency for this joint bid with the City of Delray Beach. Bids were received on August 05, 1998, from six vendors, based on estimated quantities of this joint bid. A tabulations of bids is attached for your review. The estimated quantities for the City of Dekay Beach are as required from various departments on an "as needed basis", and the most commonly used items are stored in the Purchasing Warehouse. On September 23, 1998, the Boca Raton City Council awarded this contract to Focus Camera, Inc., per attached copy of City of Boca Raton agenda. Recommendation: Staff recommends the awarded to Focus Cameria, Inc. at an estimated annual usage of $17,216.59 for the City of Delray Beach. Funding from various department's 1998-99 operating budget. Attachments: City of Delray Beach Estimated Annual Usage Tabulations of Bids City of Boca Raton Consent Agenda Dated September 23, 1998 CITY OF DELRAY BEACH ESTIMATED ANNUAL USAGE EST. UNIT TOTAL DESCRIPTION QTY, PRICE PRICE Kodak 100 GA 135-12 158 rolls 1.89 roll $ 298.62 Kodak 100 GA 135-24 4 rolls 2.19 roll 8.76 Kodak 200 GB 135-12 302 rolls 1.99 roll 600.98 Kodak 200 GB 135.24 25 rolls 2.35 roll 58.75 Kodak Ectachrome Elite II 4 rolls 3.10 roll 12.40 100 EB 135-24 Kodak Ectachrome Elite II 6 rolls 4.79 roll 28.74 200 EB 135~24 Polaroid 600 Plus - Color 906 packs 17.89 pack 16,208.34 Twin pack TOTAL PRICE $ 17,216.59 Agenda Item No.: ~ AGENDA REQUEST Date: October 02, 1998 Request to be placed on: Consent XX a~j~e~ar Agenda Special Agenda Workshop Agenda When: October 06, 1998 Description of agenda item (who, what, where, how much): Purchase Award - Micro Wave Equipment for Surveillance for Police Department to Innovative Surveillance Technolo~_ (IST) for a total amount of $24,867. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Innovative Surveillance Technolo§y (IST) for the purchase of Micro Wave Equipment for Police Department for a total amount of $24:R67 Funding_ from account #115-2{~4~-521-64.90 Department Head Signature: _.~ _- Determination of Consistency with C~ensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ Funding available~~o NO Funding alternativ~. (~f applicable) . Account No. & De~criDtiQn: ~-~['l~~q,~0 ~ ~1~~ Account Balance: ~~.0~ ~ i%i~~ ~~ ~ . City Manager Review: Approved for agenda:Hold Until: ~/ NO ff~"l Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: October 02, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 06, 1998 - PURCHASE AWARD MICRO WAVE EQUIPMENT FOR SURVEILLANCE Item Before Commission: City Commission is requested to approve the purchase of video micro wave equipment to Innovative Surveillance Technology (IST), for a total amount of $24,867. Background: The Police Department is requesting the purchase of this micro wave equipment which is used for transmission of information to camera and/or audio for mobile surveillance for the Police Department investigative operations. Bids were available from only two (2) vendors. See attached quotations received. The Captain of the Investigative Division and the Lieutenant from Vice, Intelligence and Narcotics Section of the Police Department are recommending award to the low bidder, Innovative Surveillance Technology (IST) per attached memo dated August 28, 1998. Recommendation: Staff recommends the purchase of micro wave equipment to low bidder, Innovative Surveillance Technology (IST) at a total amount of $24,867. Funding from Police Department Special Project Fund account code 115-2141-521-64.90. Attachments: Memo From Vice, Intelligence and Narcotics Section Quotations Received DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Captain Edward M. Morley ~ Investigative Division Commander FROM: Lieutenant H. Scott Lunsford ~ Vice, Intelligence and Narcotic~ Section DATE: August 28, 1998 SUBJECT: MICRO WAVE EQUIPMENT BID The equipment needed for this item is very hard to find. I was able to obtain only 2 bids. The bids are from Innovative Surveillance Technology and Audio Intelligence Devices and are attached. Innovative Surveillance Technology, (IST), and Audio Intelligence Devices, (AID), are both reputable companies. IST was the low bid at $24,867.00 and I recommend that we proceed with the purchase from them. If further information is needed or you have any questions, just let me know. HSL/hsl z~UGiS?98'15:5-? FROM:IST 954-755-0817 T0:561 24~ 7806 PAGE:~2. I ovA w s v Lu cz QUOTATION # 9242 11840 ~ 41 Street CO~ SPRINGS, ~ 33065 954-75S-0724 F~ 954-755-0817 Shi9 To: DEL~AY BEAC~ POLICE DEPARTMENT OEL~Y ~ACH POLIC~ DEPARTMENT ACCOUNTS PAYABLE 300 W. ATLANTIC AVENUE 100 NW lST AVENUE 0EL~Y BEACH FL 33444 O~L~Y BEACH FL 33444 ATTN= SCOTT LUNDSFORO Date : / / Salesman : DON OSGERG Phone: 561-243-7880 Ship Via: Fax : 561-243-7806 Ship On : / / Work Order #: Due On : / / ACCT # : CUST ID: 20622 Terms :NET 30 Tax ID CODE De$c=iption QT¥ PRICE TOTAL 80227-3 IST/NS-2000A4 5CI 1/4-2WATT MW RX 1 14318.00 14318.00 SCI TX@ 1/4 & 2WATTS EIGHT CHANNEL SELECTABLE FREQ.AGILE TX & RX. TX MIC AUDIO SUB CARRIER.HEAT SINK MIC & CABLE. TX LINE LEVEL AUDIO SUB CARBIER. RX 2ND AUDIO SUB CARRIER.AUDIO DISTRIBUTION AMP. 80104 ,/M938 4" FLAT SCREEN MONITOR 1 280.00 280.00 20018 / 902-A B&W CAMERA .02 LUX 1 394.50 394.50 20023 /201-A COLOR CAMERA 1 922.50 922.50 20024 j/~MTV-221 1" B&W BRD CAM W/PIN HOLE 1 180.00 180.00 20029 ×/~oMTV-531 COLOR BOARD CAMERA 1 248.00 248.00 80214 //NS L-CLOC-B&W CLOCK RADIO @ 1/4W 1 4050.00 4050.00 80216 /~IST/PP$-410 12VDC @20AHR SUPPLY 1 736.00 736.00 20345 /120VAC-12VDC WALL ADAPTER 1000MA 1 40.00 40.00 VR23 MICRO WAVE RECEIVER/CONTROL 1 3698.00 3698.00 BOX Subtotal $ 24,867.00 Freight Tax Total $ 24,867.00 COM~NTS: TH~S FOR THE ~UG-~T 98-15:57 FROM:IST 954-755-0817 T0:561 ~4~ ?806 PAGE:05 Innov..a, tive Surveillance Tech,n,,,,olo v, Inc. I~'T/NS-2000.~I Portable Micro Wave Trmtsmit & Receive Recorder Kit lnnovati~,e Cos't E[~kcti~,ettess' l,¥'/'aud NS MicroWave haYe develop~ provides flexibility in customer design. Thc svslc~ is hous~ il~ a rugg~ Pelican c;~sc wilh cuslom Elhalbam equipmcm insert for m;~ximum field um~gc. A 'state of the art" coulrol panel has ~cu iuslallcd with a sigilal strength ureter, Thumb Wh~! Frcqueucy selector, BalteO' test iudicator, audio & video output jacks alid maiu ON/OFF s~vilch. This syslem wus design~ lbr covert operalio~s in super of clock radios. lamps, transformers, cable ~xes, mobile surveillance vehicl~ as well as other conccalcd microwave o~raliolls. The I3'l~2000A lucludes The Follmvl,g: Call Ibr a cusiolll setup that mee~ your s~cial r~uiremeuts ' 5 cubic i,ch, 1/4 watt, Frequeucy agile This mot has many optious iacludiug various 120MRz Mic~wl~ve Transmitler ami I~uses as well as r~eive only ki~ wilh re~llole capabilily. Eight (8) chauucl mlcctiolt ability via rolary dials on Iht side and two fix~ Availllble O~iions: attdio sub carrier. Audio ~ 1 Mic level and * Video motive detedor Audio ~2 Line level to meet auy alld all ne~s. * 12 watt imwer map ' Ualanced Audio ' Si,gle, Bm~d Freq, Agile 120Mltz Receiver ' l-hlrd wirc with the same audio ability, a thumb wheel · 2/Swell d~l ix~wer requires a 13ci iltgli tx lkeq. ~leclor, a Sigual Streuglh meter for * I/4 & 2 wall dlml [~wer r~ur~ a Sci inch IltilxilllUll~ 8lliCtllla aligument nad a built iu * Ileal sink for 2 & 5 wtltl Imfxsmittcrs required. Sony Hi 8nun Reorder wilh LCD display as well * hllel~ml sinker with volume as a Batte~ test meter, lulerually lite system · Remote li'~uency sel~liou abilily has a built iu 2 amp batte~T charger, high For tine trtmsulilter in addition capacity Gel Cell batleri~ mxd ~vcr cord lo thc Imfl ~t,~llr,~l Ilmt is provided whicl~ el~ablc 12vdc O~l~qlJoli frolll n vehicle wilh the t~gilc Imusmi~ters. ~xver source or 1 10vac slilndtlrd wall outlet. * Circular imlarity uutcm}ns IBr Moviug vehicles, · I ligh r~qolutiou B~ miniature cu~ ctuncra ' Circul.r Ir~msmit patch autemm · 91tull nmuunl piu hole lens I IdB Circul.r llelicnl · 4mm auto iris pin hole I~a~s * Disll'ibutifla video mnplili~ ottlpRI ' 16Iron luflnuul wi~ nl~gle leu~ * Distribution tmdio alupJifier output · So~ly Hi 8nun mouitor recorder * CODEC Scrambler Bm~rd buiR tiro with 4" color LCD display prol~tive · Dat~time generator ' S~I of CaDIZ. Cs {extenml For ~ in · IOdB Ya~ Rcmeive ~lleUlln w/protective dome staudnrd hot~i~g, mterual for I~. · 7dB mi~dalum tralxsmit ~tcll mlLclmu * S-VI 18 & V[{S (brttml iuslulled iun · 6" High adjust~lble r~ivo ml~ a.tctma mouut slightly larger protective car~y ca~. AUG=27 ~B~16:02 FROM:IST 954-755-0817 T0:561 ~4~ 7806 F~q<BE:07 IST-PPS-410 PORTABLE DC POWER SUPPLY ,'T~heIST/PPS~I 0pnrtablcpower J. supply i.~ designed for a t~st ""'"": ' deployme~ll' into any I~ctical operation. The : ['PS-4 l0 has two DC outputs ( 12vdc & gvdc) rated al (me amp. These out'puts allow the ..~, installer to power up a standard 12vdt camet~ and 9vdc body wire rransmiffer it1 ceilings, vehicles and other covert props. The PPS-410 provides ten hours of ()peradng time with a c. ondm,)us sysrern Mad of one (I) amp. ~e ['PS-410 is packaged J~z a black heavy duly cloth bag with a shoulder Srl'ap and Velcro storage connpartment t~r the ac charger and 12 volt and 9 volt dc power cords. The PPS-410 weighs mdy 3 lbs, and :":'" measures 6" wide x 3" thick x 10" long making fliis light weight potable power ,, supply easy t(~ install and conceal in most c. nV¢l'/opcrat ohs. :~. ,.., Thc PPS~10 is powered l~m~ ~o (2) 6 vdc 10 amp hour gel cell batteries wilh a twa (2) amp internal gel cell batte~ charger. The main m~/off panel houses a ballc~ stares indicalor with a push to test swilch and ~ fitse. The bakery charger operates ~rom 90 tn 240 VAC at 40 Io 440 Hz allnwil~g operuti~n in at~d ~ut of m~untry. ~ FrOm: Frar~-J. Prioli To: Lt. Scott Lunsford Date: 8/25198 Time: 3:45:00 PM Page 3 of 4 IIAudi° Intelligence Devices' Inc' 12301 Northwest 39th Street Coral Springs, Florida 33065 ® 1-800-243-4642 Fax: 1-954-255-2621 Excellence in Surveillance Electronics Scott LunsfordSales Quotation Delray Beach Police Department 300 W Atlantic Avenue Delray Beach, FL 33444 Delivery: 30-45 days ARC Phone: 561-243-7881 Fax: 561-243-7806 Questions? Please call Frank J. Prioli Quote Number: 201061Date 8/25/98Quote Expires on: 11/23/98 mil im IIII II imll I ii I Part # Supplier Description Price Oty Extend 99006 AID Video Receiving/Recording Briefcase System $7,495.00 1 $7,495.00 -Sony GV-SSO recorder/monitor -Audio Amplifier -AC/DC power capable 99021 AID Sony PGV-220 Time/Date Inserter $495.00 1 $495.00 AID Directional Radome Antenna 12 DBI gainw/ $748.00 1 $748.00 15 foot of cable 99006-36 AID 'Video Transmitting Briefcase System $6,077.00 1 $6,077.00 -1/4 watt Transmitter or -Substitute a Switchable 1/4,1,5 watt -3db gain omnidirectional antenna Signal Strength Meter installed $394.00 1 $394.00 99006-03 AID Clock Radio Surveillance System $3,975.00 1 $3,975.00 -Standard motel model Clock -Video/Audio Transmitter 1/4 watt -Wide angle Pinhole lens 99008 AID MicroWave Video Receiver $3,999.00 1 $3,999.00 - Install into Van $150.00 1 $150.00 - Antenna $250.00 1 $250.00 98355 AID Watec Camera, (902A) CCD Iow-light, less $459.00 1 $459.00 lens 98355-20 AID !WatecCamera (WAT-201) $899.00 1 $899.00 -Miniature color camera -Auto white balance -Electronic Iris AID LCL-125 114" Color Board Camera $339.00 1 $339.00 Government (City, County, State, and Federal) purchase order is required. Total $25,280.00 For all crystal controlled devices, operating frequency information must accompany purchase order. Freight Charges: F.O.B. Coral Springs, Florida, freight and insurance charges will be prepaid Audio Intelligence Devices, Inc. and added to the invoice. Terms: By: See the last page for terms and conditions. The quotation shall be honored Title: Re_clional Sales Manager if a purchase order is received within 90 days from the issue date. 08/25/1998 15:36 8133980670 ~ID ~q-ORIDA PAGE 01 VIDEO ": ' .... , . .-.,. ~'.' . . . . "!:~ ' '~'/i-' " A complcte surveillance ~ys~cm combined in · con~en~ionu( r~dio. ~e ~y~m. dcsi~n~ to o~rute t'rom sl~du~ 115 VAC ~othe~ b()~h video ~nd audio inl~mu0o, and transmits 1hnt inl~.'m~- [Joll u~hl~ wJ~lc~ [~chnolug)' lo a nonny n~ceJvJn~ unil Mod~l ~-~RR R¢ccivin~Recording Briefca~c System I~r monhori,~, or rcc()~io~ us nccd~. ~e syslcm wu~ designed es[~Y'J~lly I'*)r nppljcalion~, and thc wide un,lc Icn~ vicw~ mo~t o1' thc :~m~ LI,uL providcK elm,r, sharp video cvcn in dimly illuminated arc:i~. 'l'hc extremely ~cnsitivc microphone and ~olomal[c audio Icvclinp rh'cHilr~ pmvide~ crisp bm~dcuhl quulily Covert Clock Radio Enclosure · Clock Radio. Standard motel model, - Size - Approx, 9 x 5 x 7 iochen. Option · Wdght ~ Approx. 2.5 lbs, Shipping/Storage Container, M~l¢l 1~T-CRS-$C reusable - DC Power Supply - Internal, ~,~_~ standard I 15 VAC. container i.~ appruvcd fur all carricr.~ and pmvid~'~ the prutcc- · Video/Audi() ']~an~milter - 250 mW (user ~Fa~.cified I'n:quc,)~'y ). tion needed t'or shipping ur storagc, Thi~ container i~ highly · Antenna - Special (user specified t're. quency). recommended. · Camera - Miniature, Iow lux. · Lens - Pinhole, 3.8 mm. wide a~glc. · Microphone - Highly -~en~ifive. hidden. A vidcu camera, microphone, and infrared cmill, cr~ are con- cosied in a standard vehicle n~lar detector. 'l~is unit w~ d~ign~ to muni~(,r activity ci[hcr jnnide or just ~uc~jd~ of a motor vehicle. ~i~ inconnp;cuou~ unit can ~ configu~d ~[~w ibc (Irivcr side or ibc p~sscngcr ~ld~ wlndowa darkness. 'Dtc inl~d iighling i~ invisible lo thc humao but ~asiiy dctcc'led by Iht camc~. Covert Enclosure - Detector- Standard. dash t,' visor moool. · Size - Approx. 1.5 x 3.5 x 4.5 inch,,.s. · Weight - Approx. 12 ouoccs. DC Power Supply - External. plugs into cig~ lighter with s I ~wer cord. C~e~ - Miniature. Iow lux. - Le~ - 3.8 mm, wide angle, auto iris. ~ · ~c~phoae - Highly ~n~iOve, hidden, int~al. Option A 12 V~ vid~ mco~r/monil(,r In availuhlc I~,r · Cable - 16 l~t video & 16 feet audio (customer a~cified conn~mm). incoming bo~ video and audio data. 38 ~08/25/1998 15:35 8133980570 hiD ~]-O~ID~ PAGE 02 VIDEO Thc Briefcase Ecccjving~ccording System was especially de.~igned to ~ .sod ;~ ~ companion ~ceivi~l~ ~tation for variou~ video tran~mitti~tg p~uct~ includill~ i~,1~, ~.:,~ ~>'~tcm~. cl~k rudio~, cie. II cae ~ ~e(-up by relalively unirailled o[~fillor~ ht Ik-~ Ihm~ ~ minulcK Io yield high qualily ~cording~ o1' ~lh vide~) m~d audio dul~. * Briefcase - Standard ,S-inch molded, black or brown. · ~lze - 18 inchex x 14 incht~ x 5-i0chc~. * Weight - Approx. 16 Ib~. * Reorder/Monitor - Sm~y GV-SS0. an 8 mm vidc~. Recorder built-in 44nch color monitor. - Auto Amplifier Custom audio amplifier with Optjo~ - AC Power Supply - M(~el ~- 12V~PS, conve~ I 13 High-Oaln Antenna - A di~cfi~mal antenna and I5-f{mt Igngth o1' 12V~, 4 Amp. c~aci~y. Iow Io~ cable pr(widen an addilional I 0 to 12 dBi of gain in o~er to ' DC Power Supply - 12VDC gel cell 3.2 Ah wilh u jack r~ivc weak nigflaln ~r weak signals in a noiay environment, cu~H~tiui1 to cAter,al 12 V~ ~m~ate l~tltt - Adtlili~m ~fl' thc Sony ~V-220 ~lows ii,er · ~dc~Audln R~iver - ~xlmm~ly .~mxilivr (,.~rr fr~ tire,date mae~on. · ~n{enaa - 2.5 dB~ gain ~u~r .~'ified f~qu~ncy). Serf-Contained System - Addition Of a WAT:~2A video camera · Auxilla~ Connecto~ - with a pinhol~ lens and a microphone allows the system to ~ome a Power Out - Provided for connection Io u remoIc ~elcmclry aelf-contained vide~ x,tvcillancc xtadnn. ~ia s~mp can ~ u~t~d in ter, u~d for ~ ~le can ~yst~m. som~ npplb',llons ~,ch a~ mmcl r~g~m~. Puw~ i, - P~uvidvd I~t u~v wilh extel,al IIKHlilUIS. Shippln~torage Container - M~cl ~-BRR-SC ~u~ble contain* lap~ ~co~c~ or video snapshot devices. tr is ~pmved Rw all cu~icrs and provides Ihe pm:notion n~ded for Audio In-Out - Provided for use wilh cxmrnal ~hipping or smmgc. ~is cm~luincr is highly r~ommendcd. - S~t~ - Power ON/O~ (AC or DC) and battc~ cha~inp. Catalog Numar ~3~..'~' Th~ Videt~ 'rnm~mil~cr RriclYa,c System pnwidc~ thc companion ~ransmitting ~quip- mcnt for thc Video R~civing Syslem sh~wn a~vc. Thc Iransmitter system include: I/4 Wall video Inm~lmllc, I,~ nwfltltald~' I/4. I. 5 Wall video Ila~lSlllillcr is uwdluhle u~ an option) 3 dB gain omnidireclional Mi~i~u~ Iow-I~ghl ~,anl camen~ w~th lens 12Y 7Ah gel c~dl hmlery 12V~ ~wcr supply I~,' High-gain mini-micn~phonc 12V~ battcry cha~cr All~ht ly~ sledded ca, lug cu~c video n~nlmr 114 Watl ay~t~lll shown CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 6, 1998 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING: 8. F. AGREEMENT WIT~ C~ILDREN'S SERVICES COUNCIL FOR THE AFTER SCHOOL PROGRAM: Approve an agreement with the Children's Services Council of Palm Beach County which provides for reimbursement to the City from the CSC of up to $150,850 for the Parks and Recreation After School Program for the period October 1, 1998 through September 30, 1999. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlANAGER~ SUBJECT: AGENDA ITEM # ~-' - MEETING OF OCTOBER 6, 1998 AGREEMENT WITH CHILDREN'S SERVICES COUNCIL FOR THE AFTER SCHOOL PROGRAM DATE: OCTOBER 5, 1998 The attached agreement is to provide funding from the Children's Services Council of up to $150,850.00 for the Delray Beach Parks and Recreation Department to conduct an after-school program for Delray Beach Elementary school students for the period October 1, 1998 through September 30, 1999. These monies will help provide after-school recreational, educational, and social services for 700 students. Approximately 90% of the children are "latch-key children". The program will be housed at four sites, the Community Center (100 children), Pompey Park (200 children), the Delray Recreational Facility (200 children), and Pine Grove Elementary School (200 children), and will include recreational activities at various City facilities. Recommend approval of the agreement with Children's Services Council for the after-school program for the period October 1, 1998 through September 30, 1999. [ITY OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE ~oo,,,w ,~, ^v,~,,,~,,~. ~,,~,~,,^,. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America City DATE: October 5, 1998 1993 TO: David T. Harden, City Manager Barbara Garito, Deputy City Clerk FROM: Susan A. Ruby, City Attorney SUBJECT: Children's Services Council Aereement Attached is a faxed copy of the revised Children's Services Council agreement faxed to me on Friday. Could you please add it to the agenda for Tuesday, October 6, 1998. The original agreement was apparently sero in error. The agreement faxed on Friday is the governmental form of agreemem. It addresses the previously addressed issues. Attachment cc: Joe Dragon OCT. ~ '98 15: I ! FROM CHILDREN SERUICES WPB PRGE.002 AGREEMENT THIS AGREEMENT, entered into as of this 1 st day of October, 1998, by and between the Children's Services Council of Palm Beach County, a political subdivision oft he State of Florida (hereinafter referred to as "Council") and City of Delrny Bench/Parks & Recreation Out-of-School Youth Recreation/Enrichment (hereinafter referred to as "Provider"), for the period from October I, 1998 ("Effective Date"), to September 30, 1999. The Council, at its option, may extend the term of this Agreement for three additional one-year periods without reviewing the program hereunder funded az part of a competitive RFP process. The renewal option set forth in this paragraph, however, does not guarantee the Provider that the Council will. exercise its renewal option hereunder. Renewal will be determined by the Council, in its sole discretion; this determination will bc based in part upon review of the program evaluation and fiscal monitoring of the program. W I T N E S S E T H: In consideration of thc mutual agreements hereafter contained,. the parries, intending to be legally bound, hereby agree as follows: THIS AGREEMENT has been entered into pursuant to the Council's 1998-99 Applicatio~RFP process and Providcr's response thereto and any addendums ncceptedby'.the Council. Those portions of Exhibits A, B, C and D contained herein that differ from the original proposal or application shall be deemed to be addendums thereto .and shall, control over any inconsistent provision of thc original proposal. I. The Council agrees to reimburse to the Provider sums up to $150,850.00 for provision of services described in the attached Exhibit "A" (consisting o£the Program Evaluation Model) .. attached hereto and made a part hereof; composite Exhibit "B" (consisting of the Council's Budget Forms A, A1 and B submitted by Provider) attached hereto and made a. part hereof; and Exhibit C (consisting of the Program Data Form) attached hereto and made a part hereof. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by thc Provider shall be provided in compliance with all terms and conditions, set forth in Exhibit "A", "B", and "C" and with the Conditions of Award attached hereto mid made a part hereof as Exhibit "D", as well as the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. · 3. The~Provider agrees to comply with the following requirements: ' '. a. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect 'all .expenditures of funds provided by thc Council under the Agreement.. b. To azstcre that these records shall be available, upon reasonable notice, to inspection, review or audit by thc Council and personnel duly authorized by the Council to make such inspection, review or audit. 10/02/98 FRI 16:16 [TX/RX NO 5013] ~JCI ~ '98 14:52 FROM CHILDREN SERUiCES WPB PAGE 001 ; · Contract #: 98.-104 1991~-99 Governmental Unit - SelPlnsured (50-S0) Page: 2 ¢. To submit, upon completion of thc period of thio Agreement, a (}AO Standard Financial and Compliance Audit ("the Audit"), complete with manngement letter, within 120 days of the Provider's fiscal year end. In thc event that Pro.vider's fiscal year end occurs prior to the completion of the term of this Agreement, Provider will supply the audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 120 days of the Provider's fiscal year end. d..To maintain and file with the Council such progress, fiscal? inventory, and other reports as the Council may require during the terms oft. he Agreement.. e. :To include these aforementioned audit and record-keeping requirements in ali approved subcontracts and assignments. E To acknowledge, to the extent feasible and appropriate, Council funding of thC program identified in Exhibit "A" in publications, bulletins, public r~lations activity, and stationery of Provider. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this Agreement or, if an audit has been initiated and · ' audit findings have not been resolved at the endofthe five year l~riod,.the. .records shall be retained until resolution of all audit findings, provider further agrees that all records, papers, letters, or other documents made or received.in . conjunction with this Agreement and the provision of services hereunder shall, be subject to public access pursuant to thc provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survivc termination of this Agreement, b... Persons duly authorized by the Council shall have full access to.and the right to.' ' examine any of said materials during said period. c. To permit access by persons duly authorized by the Council, upon reasonable notice, to the program(s) funded by the Council hereunder for purposes of' monitoring said program(s). d, To report to the Council during the term of this Agreement any threatened.or pending litigation brought against the Provider arising out of this Agreement4 . including a description of the nature of thc claims involved, and, ulmn request; .to F :\ wORD\98-99CONTR.~CT$\~30V I u_doc 10/02/98 3:34 PM 10/02/98 FRI 15:57 [TX/RE NO 5011] OCT. £ '98 14:53 FROM CHILDREN SERUICES WPB P~GE.OOE Contraet #: 9~-!04 1998-99 Governmental Unit- Self-lnsured (~O-50) Page: 3 furnish information regarding the status of such litigation and copies of pleading filed therein. e. To accurately report to the Council, in a format deemed acceptable by the Council,. all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or : insurance reimbursement, donations, grants, and program income; i.e.,i fees paid' for services. In the event the Provider fails to properly report all program revenues and the Council subsequently learns that such income was not properly disclosed, the Council reserves the right to reduce the amount to be paid to the Provider by the Council by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate this Agreement. f'. That those capital items which are to be acquired by the Provider and reimbursed · by. the Council, shall be subject to the requirements (i) that said items may not be. mortgaged, pledged, or hypothecated without the prior written approval of the Council; (ii) that upon termination or earlier cancellation of.this Agreement at'the . Council's request, unless there is specific notification that this requirement is waived by the Council, the said item(s) shall be (a) returned (with title being" transferred) to the Council or the Council's designee, or (b) reimbursed to the :' Council at book value (determined by the Council); (iii) that said, item(s) shall .be maintained in operable condition; and (iv) that said item(s) will be insured in case. of loss or theft. g~ To obtain Council approval for a~y proposed changes in the program prior to implementation. h. To submit and maintain a current copy Of the following on file ~ith the Council; . Personnel Policies and Procedures · Job descriptions ofall Council funded staff'positions · Certificates of insurance (liability and theft, and auto if capital equipment Or vehicle was purchased with Council funds) · Current list of agency board members - Sales Tax Exemption Certificate · Service site(s) Fire Inspection Certificate(s), Jf applicable . Service site(s) Health Inspection Certificate(s), if applicable. i. To obtain written, approval from the Council for any proposed changesin the program budget hereunder prior to implementation. j. The fiscal administration of this Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which Provider acknowledges receiving: F:\WORDXgg--99~2Ob/TR~ CT S\GOV I a. doc 10/02/98 3:34 PM 10/02/98 FRI 15:57 [TX/RX NO 5011] OCT. ~ '98 15: l~ FROM CHILDREN SERUICES k~PB PAGE.003 Contr~ #: 98-104 199~-99 Governmentml Unit - Self-Insured (~) PBge: 4 k. ~t, ~n executing ~is ~g~ement, ~e Co~cil fun~ to ~ c~c~dcd hcrc~d~ to suppo~ ~c budgeted job positions do not repl~c or suppl~t ~ ~ously supplied by Provider for such positions. 1. ~e Co~cfl's ~d~g under ~s A~e~ent s~l not exceed ~e lesser olde, ~o~t set fo~ in p~ag~ph 1 or fi~y (50) pe~ent of~e act~l tot~ c~h exp~di~s for ~c ~gr~ ~ded hcrc~dcr. m. That ~e follo~g issues or i~o~ation shall ~ f~sh~ or ~olv~ ~in thi~y (30) days of execution of~is A~eement: Completion of pmg~ ev~uation fox,test Submission of copy of s~cs ~x exemption co.ideate or applica~on; Sub~ssion of copies of ~ ~rso~el or se~icc pro. sion ~on~ac.~. .' ' con~c~ ~or agreements related to the op~flon of ~e prog~ f~ded hero. der. 5; Pro~der, agrees ~al, as between ~e p~fies to ~s A~em~t, it is solely mspo~ible .. for o~tion ~d m~gement of the prog~(s) ~nded her~der and that the Co~cll h~ not ~d ~II not be ,involved in ~y way in such o~ra~on ~d ~agem~t. To.~c e~cnt by Fluids law, ,~e Provider agrees to indemnify and hold h~less the Co.cji from liability ,on s~, jud~cnts ~d d~agcs accruing, including co~ costs ~d attorneys' f~s (st the ~: appellate, ~st-jud~t or b~ptcy proced~ level). ~ a ~s~t of sc~s ~o~ or not perfo~ed, or ~y negligent act by ~c Provider or a~sing ~om f~ing ~t~ or not ~ted by . ~e Co.cji or ~y action ~sing out of ~c op~ation offs A~mcnt. 6. ~s con. ct may not be ~signed or subcon~ctcd to ~y o~cr p~.by.~c.Provid~r wi~out ~c prior ~en approv~ of ~c Co.cji. 7, ~e Co.cji ac~owledges ~t ~c Provider is sclf-~ ~d a~ the levels of self ins~ce.pmvidcd by ~c Provider. 8. ~e Provider shall not use or disclose any intonation conc~g a client se~cd. · ~d~ ~c Agreement for ~y p~ose not in co~o~ity wi~ fcdcr~ ~d s~te la~ ~d rcg~afions except on ~tten. consent of~e client, or his responsible p~ent or gu~i~ when a~o~d by laTM. a. The ~ovid~ a~es to es~blish ~d m~n~n pr~ed~es ~d con~ls actable to ~e Co~cU for ~feg~ding records, so ~at no i~o~afion con. ned ~.~c ProViders ~cords, or obtained ~om others c~ing out ~e .t~s of~c .A~cmcnt. sh~l ~ ~cd by or ~scloscd by ~c Provider, i~ ~. offic~ or employees except ~ provided by law. F:\WOKD\98-99'C:ONTRACT$\GOV I a_doc 10/02/98 3:34 PM .. ~<* TOTAL PAGE.OO3 10/02/98 FRI 16:16 [TX/RS NO 5013] OCT E '98 14:55 FROM CHILDREN SERUICES WPB PAGE.001 Contract ~: 1998-99 Governmental Unit - Self-Insured (50-50) Page: 5 b. It shall be the responsibility oft,he Provider to take nil reasonable steps necessary. to implement promptly such procedures and controls in order to protect the . priv~y of n client ~'~eelvinl~ ger~,iee~ hereunder nttad in order to maintenance of confidentiality of any medical or other information Pertaining to. any such client. 9. Thc Provider shall submit to the Council program data, including client identifiabl, e data and status of program capacity (staff to cli cntYchild family ratio) as deemed essential.by the Council. · .10..The. Provider shall furnish the Council with reports of thc effectiveness of thc program and include .statistics and data on the number of Persons served and such other reports and information as thc Council may require. Said reports shall be made as requested from the . effective date of this Agreement and in a format provided by the Council.. .1 !.. The Council has the discretion to decrease the Providcr's allocation.based upon the' program's inability to meet the pararnctcrs outlined in the program model and~r, theinabilitY to maintain program capacity based upon quarterly reviews. 12. The Provider is performing the services and duties ~quLnxl her~xmder as an independent contractor and not as an employee, agent, partner of.. or joint venturer with the Council.. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees :for services performed by them under this Agreement..The Provider shall; with respect to said employees, be responsible for withholding federal income taxes, paying federal. social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 13.. The services provided by the Provider hereunder are provided on a non-exclusive. basis, and the .Council specifically reserves the right to contract with others for similar services. This Agrecment shall give no rights to any person or entity who is not a party hereto. 14. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on'a reimbursement basis. Provider shall submit an invoice to 'the Council by. the 10th day of each month following thc month in which the services ~ Provided.· The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever form reasonably required by Council. Subject'to the. availability of,.. funds, the Council wiU provide reimbumement to the Provider within 45 days after receipt'0f the '.invoice. provider shall submit a final invoice to the Council no later than October 31.; 1999 (with appropriate documentation). The Council will not reimburse Provider for any cxpendi~es made by Provider under this Agreement that arc submitted after October 31, 1999. 15. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not hay. lng been. properly F :\W OR D\98 -99CO'NTRACTS\GOV ~ a. doc 10/02/98 3:34 PM 10/02/98 FRI 16:00 [TX/RX NO 5012] OCT ~ '98 14:56 FROM CHILDREN SERUICES WPB PAGE.002 19~8-99 GoYernmenb! ~nit- Self4n.sured (~)-$0) earned under this Agreement. Such funds shall be refunded in full by Providcr to thc Council as follows: a. Within twenty (20) days from thc date of written notification by thc Council.to the Provider of overpayment or disallowance; or b. Within thirty (30) days following thc end of this Agreement. c. The Council shall have thc right to deduct from any subsequent payment r~qucst submitted by thc Provider, thc amount of any ovcrpaymenLs or disallowed funds. 16. Thc Council may, for reasonable cause, suspend the payment of funds pending Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring .... additional obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate this Agreement. Said suspension of payment of. funds.or obligation thereof may apply to all or part of the Provider's operations. 17. In the event funds to finance this Agreement become unavailable to the Council, .the Council may terminate this Agreement upon no less than five (5) days written notice to. thc i Provider. The Council shall bc the final authority us to the availability ot'ftmds. The Council '. shall teimbm~ Provider for Provider expenses up to the date Provider is notified of this termination. 1 g. Notwithstanding any other provision of this Agreement, thc Council may terminate this Agreement for any breach by thc Provider. lfthe Council intend.,; to terra'ate, this. Agreement, notice shall be provided in writing to thc Provider no less than twenty_fOUr (24). hours .prior to the effective date of thc termination. The Council's failu~ to terminat.~:or SUSl~nd.' ..' a Provid~ for past breaches of this Agreement shall not be construed as a.waiv..er of.i~ right to' . demand strict compliance with the terms of the Agreement or to terminate .for said'breaches or similar breaches, and shall not be construed to be a modification of the terms of. the Agr.eement, The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Council shall reimburse.the Provider for ali monies expended up to and including thc effective date of the termination. 19. Notices: All notices required hereunder shall be in writing and.shall be addresSed to the following representative of the part parties: For the Council: Gaetarm D. Ebbole, Executive Director Children's Services Council of Palm Beach County 1919 North Flagler Drive West Palm Beach, FL 33407 F:\WORD\gS-99CONTRACTS\GOV I a.doc I 0/02/98 3:34 PM 10/02/98 FRI ltl:00 [TX/RX NO 5012] OCT ~ '98 14:57 FROM CHILDREN SERUICES WPB PAGE.003 C:ontrnet #: 199&-99 Governmental Unit - S~lf-lnsured PaRe: 7 For thc Provider: Jay Alperin City of Delray Beach Parks & Recreation Out-of-School Youth Recreation/Enrichment 50 NW Ist Avenue Delray Beach, FL 33444 20. The Council may deduct an amount equal to the lesser of one percent.of the current month's Council request for reimbursement or $ 100 for each month that a program .is out of compliance with the timely submission of fiscal and programmatic data as required by. Sections 3c, 9, i 1, and 14 of this Agreement. This penalty may also apply if the program does not provide the Council with current copies of the following documents: A. Certificates oflnsurance B. Licenses to Operate Agency/Program C. Sales Tax Excmption Certificate D. Other items identified in the Conditions of Award 21. Notwithstanding anything herein to the contrary, the parties agree that thc dollar. amount set forth .in paragraph I above may be reduced in the event that the Council determines. that the Provider will not spend the entire amount allocated by Septembcr 3.0th fiscal year end:. The determination may lac made (a) during the course of reviewing a budget revision submitted- by thc Provider pursuant to the Council's procedures or (b) based upon the Council's monitoring of Provider's program and its expenditure history. Before any such reduction becomes final, thc Provider will bc notified in writing of the proposed action and shall have the opportunity to address the Council's Board regarding the proposed reduction. The decision of the Council's ... Board on. this issue shall b~ final, lfthe Council reduces the dollar amount, the Provider may terminate this Agreement upon 24 hours notice. Council shall reimburse Provider for all. monies expended up to and including the effective date of the termination. 22. This Agreement, which includcs thc attached Exhibits A, B, C & D, contair~ ,oil the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise,. regarding the subject matter of this Agreement shall be deemed to exist or to bind any ofthe parties hereto. With the possible exception of an adjustment pursuant to paxagraph .11 and21' above, this Agseement shall not be modified unless in writing and signed by both parties hereto. F:\WORD\98-99CONTRACTS\G-OV I a.doc i 0/02/98 3:34 PM 10/02/98 FRI 16:00 [TX/RX NO 5012] 14:57 FROM CHILDREN SERVICES WPB P~GE.004 Contrat~ ~: ~995-~9 Governmental Unit - ,~lf-lnsur~d (~0-~0) Fn~e: g IN W~ITNESS THEREOF, the pm'ties have caused this Agreement to be executed by their undersigned duly authorized representatives. City of Delray Beach By: Date: Print Name Print Title CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY By: Date: Oac'tana D. Ebbole, Executive Director APPROVED AS TO FORM & LEGAL SUFFICIENCY By: Thomas A. Sheehan, IH Attorney for Children's Services Council of Palm Beach County F:\WORD\98-ggcol~ITRACTI'S%GOV I a.doc I 0/02/98 3:34 PM ~<~ TOTAL PAGE.OO4 10/02/98 FRI 16:00 [TX/RX NO 5012] CHILDREN'S SERVICES COUNCIL 1919 North Flagier Drive West Palm Beach, Florida 334O7 (561)6SS-1010. FL WATS: (800} 331-1462 . F~: (~61}815-19~6 F~ ~S~~ CO~R ~ AGENCY/COMPANY: - - ............... TELEPHONE NUMBER: ........ SENT BY: ~ ' Zf ~u do not ~ceive all the pa~es, please, con=a~=, us at ~he ~e nu~er as sgon as ~ss~le. 10/02/95 FRI 16:16 [TX/RX NO 50131 Agenda Item No.: AGENDA REQUEST Date: September 29, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 6, 1998 Description of agenda item (who, what, where, how much): Request approval of A§reement with Children's Services Council which provides for reimbursement to the City of Delray Beach up to $150~850 for the Parks and Recreation After School Program~ and signature on two original Agreements. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approve and sikh Agreements. Department Head Signature: ~.4_~w_~b.~ Determination of Consistency ~t'h--C-~rehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/NO~Hold Until:. ~~~~~~~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: September 29, 1998 SUBJECT: Children's' Services Council Grant Contract The attached agreement is to provide funding from the Children's' Services Council of up to $150,850. for the Delray Beach Parks and Recreation Dept. to conduct an after-school program for Delray Beach Elementary school students. These monies will help provide after-school recreational, educational, social services, and arts and cultural activities for 500 students. Approximately 90% of the children are "latch-key" children. The program will be housed at four sites; the Community Center, Pompey Park, the Delray Full Service Center, and Pine Grove Elementary School for the Arts and will include recreational activities at various City facilities as well as academic services at all sites. J. Dra31~n, A;s~t Director Parkg'and Recre~Jion Dept. cc: File cml 8.middle school agreement [IT¥ OF DELRI:I¥ BEI:IEH CiTY ATTORNEY'S OFFICE oo.w TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.Amedca City MEMORANDUM DATE: September 30, 1998 TO: Joe Dragon, Assistant Director Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: Children's Services Council (CSC) Agreement I have reviewed the agreement and have the following comments. 1. Paragraph 7 (page 4) requires general liability insurance at a level deemed adequate by the Children's Services Council and other insurance coverages as deemed necessary and also requires general automobile insurance, if the City transports children in connection with all or part of the program funded by the Council. Paragraph 20 provides a penalty of $100 for failure to provide certificates of insurance. The above paragraphs need to be modified to reflect that the Provider is self- insured and shall provide a certificate of self-insurance. Also, we should know the amounts required by the Children's Services Council prior to entering into this agreement. The program appears to provide for the transport of children, which under the current term requires auto liability insurance. 2. Paragraph 6 (page 4) provides this contract may not be assigned or subcontracted without prior written approval of the CSC. If we subcontract out transportation, we will need written approval and we would require the subcontractor to have insurance naming the CSC and the City as additional insureds. Therefore, it is necessary to find out the amount of insurance coverage required. 3. Paragraph 5 should be modified to state that, "Nothing contained herein shall be deemed a waiver of the Provider's sovereign immunity pursuant to F.S. 768.28". Joe Dragon, Assistant Director of Parks and Recreation September 30, 1998 Page 2 The feasibility of other requirements of the contract regarding audits according to specific standards should be reviewed by the Finance Department. I am returning the two original copies to you, so that you can address the items mentioned above. Please call if you have any questions. cc: David Harden, City Manager Joe Safford, Director of Finance Barbara Garito, Deputy City Clerk Frank Babin, Risk Manager cst.sar TO: DAVID T. HARDEN CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR ~ FROM: J~NET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 6, 1998 CONDITIONAL USE REQUEST TO ESTABLISH AN EDUCATIONAL FACILITY FOR DELRAY BEACH INTENATIONAL TENNIS RESORT ACADEMY WHICH IS LOCATED ON THE WEST SIDE OF JAEGER DRIVE BETWEEN DOTTERAL ROAD AND EGRET CIRCLE The conditional use request is to establish an Educational Facility (i.e. language classes) associated with the Delray Beach International Tennis Resort Academy. The existing racquetball courts within the clubhouse facility are to be converted to classrooms and support offices. No exterior modifications or site upgrades are being proposed at this time. The educational classes will be limited to those students enrolled in the tennis academy. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 28, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. Several residents from the surrounding neighborhood spoke on this item and stated that they supported the tennis academy, but noted concerns regarding the language school and wanted to insure that the school was an ancillary use to the tennis academy and limited to children ages 2-18. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Conditional Use request to establish a private school associated with the Delray Beach International Tennis Resort Academy based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Compatibility) and Section 4.3.3(HH) (Educational Facilities Criteria) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the language school be limited to children ages 2-18; 2. That the language school be an accessory use to the tennis academy; 3. That the academy continue to maintain the 24 tennis courts, and 4. That the classrooms be limited to the interior space of the clubhouse facility with square footage as shown on the plan. By motion, approve the Conditional Use request to establish an Educational Facility for The Delray Beach International Tennis Resort subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of September 28, 1998 TO: DAVID T. HARDEN, CITY MANAGER (~ ~ . FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER~~ SUBJECT: MEETING OF OCTOBER 6, 1998 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH AN AUTOMOBILE PAINT, BODY AND REPAIR SHOP, AND TOWING SERVICE, WITH NO OUTSIDE STOOGE, FOR FOREIGN CAR ENGINEERING, LOCATED ON THE EAST SIDE OF NORTH CONGRESS AVENUE, APPROXIMATELY 725 FEET NORTH OF DON FRANCISCO'S WAY The development proposal includes construction of a two-sto~ 18,400 sq.ff, auto repair facility with 32 sewice bays; installation of an 83-space parking lot with a three-lane drop-off area on the west side of the building (facing Congress Avenue); and, construction of an 8' high mason~ wall 135' from the west side of the prope~y, with a no~h/south orientation and gates across the drive aisles. The facility will be open 7:00 a.m. to 7:00 p.m. and will employ 9 - 12 people. A detailed description and analysis of the request is found in the attached Planning and Zoning Board Staff Repo~. I At its meeting of September 28, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. The applicant indicated that they may redesign the building to eliminate most of the bay doors. The Board discussed the proposal then voted 7-0 to recommend to the City Commission approval of the conditional use requests based upon positive findings with respect to Chapter 3 (Pedormance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan application be submitted which addresses the attached "Technical Items" and conditions of approval; 2. That there be no display of vehicles for sale on the premises, and that any vehicles associated with the brokerage operation be on site only for repair and restoration purposes; 3. That the towing operation be limited to vehicles that am being repaired on the promises; 4. That the hours of operation for the repair functions be limited to 7:00 a.m. and 7:00 p.m., Monday through Saturday; 5. That along the no~h and south prope~y lines trees be installed eve~ 25' and the hedge be maintained at 8' in height; or that the elevations be substantially changed to reduce the number of overhead doors to two, and the landscape buffer be modified accordingly; and, 6. That a 3' high undulating berm be installed along Congress Avenue. By motion, approve the Conditional Use request to establish an automobile paint body and repair shop, and a towing service, with no outdoor storage for Foreign Car Engineering, subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: P & Z Staff Report and Documentation of September 28, 1998 (::~. ,~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September28, 1998 AGENDA ITEM: ~V.H. ITEM: Conditional Use Request to Establish an Automobile Paint, Body and Repair Shop in the VIC (Mixed Industrial and Commercial) Zoning District for Foreign Car Engineering, to be Located on the East Side of Congress Avenue, Approximately 720 Feet North of Don Francisco's Way (N.W. 1 ~ Street). GENERAL DATA: Owner .......................................... Solid Waste Authority of Palm Beach County Applicant ................................... Amer Rustom Agent ........................................... Tom Thayer Location ........................................... East side of Congress Avenue, approximately 720 ft. north of Don Francisco's Way Property Size ................................... 1.72 Acres Future Land Use Map Designation. Commerce Current Zoning ................................. VIC (Mixed Industrial &' Commercial) Adjacent Zoning ..................... North: VIC East: VIC South: VIC West: VIC ..., ~AN Existing Land Use ........................... Vacant Proposed Land Use ......................... Conditional Use Request to ,,~,~ establish an automobile paint, body and repair shop with associated parking and landscaping. Water Service .................................. Available via connection to an existing 8" water main in N.W. 18~ Avenue Sewer Service .................................. Available via connection to an existing 8" sewer main located on the northeast corner of the Palm Tran site SOua~ IV.H. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an automobile paint, body and repair shop and a towing service with no outside storage for Foreign Car Engineering, pursuant to Section 2.4.5(E). The subject property is located on the east side of North Congress Avenue, approximately 725 feet north of Don Francisco's Way. The subject property consists of a vacant unplatted parcel of land containing 1.72 acres. This parcel was formerly used for storage of products associated with a larger parcel to the east, which previously contained a concrete mixing operation (Snow Concrete). The property was annexed into the City of Delray Beach on February 11, 1963 with the C-3 (Wholesale and Light Industrial) zoning designation. In 1972, the property was rezoned to HI (Heavy Industrial) and in 1976 was rezoned to MI (Medium Industrial). With the Citywide Rezoning and adoption of the Land Development Regulations in October 1990, the parcel was rezoned from Mi to MIC (Mixed Industrial and Commercial). On October 9, 1990, the City Commission granted site plan approval for Congress Industrial Service Center, a 29,000 sq.ft, multi-tenant structure which would house a mix of industrial, warehouse and office uses. Subsequently in 1991, the plat was approved, however, the plat was never recorded and the project was never constructed. On July 11, 1995, the City Commission approved a conditional use request to establish an ornamental stone cutting facility on the property for Finnish Granite Group, Inc.; however, the applicant did not pursue site plan approval. At its meeting of June 4, 1996, the City Commission denied a conditional use request to establish a resource recovery facility for the Solid Waste Authority [South County Materials Recycling Facility (SMRF)] on the property as well as the abutting 3.51 acre parcel to the north. On September 23, 1997, the City Commission approved an amendment to the MIC (Mixed Industrial and Commercial) zone district regulations to change automobile, paint, body and repair shops from a permitted to a conditional use. Conditional use requests have been submitted to establish an automobile paint body and repair shop, and a towing service, with no outside storage, on the property. The requests are now before the Board for action. The proposal is to establish an automobile paint, body and repair shop, and a towing service, with no outside storage. The development proposal includes the following: P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 2 [3 Construction of a two-story 18,400 sq.ft, auto repair facility with 32 service bays; [3 Installation of an 83-space parking lot with a three-lane drop-off area on the west side of the building (facing Congress Avenue); [3 Construction of an 8' high masonry wall 135' from the west side of the property, with a north/south orientation and gates across the drive aisles; [3 Installation of an 8' high chain link fence with an 8' high hedge along the north, south and east property lines, east of the wall; and, [3 Installation of a dumpster enclosure at the northeast corner of the building. The facility will be open 7:00 a.m. to 7:00 p.m. and will employee 9 - 12 people. Pursuant to the conditional use application the activities may include the following: towing, with no outside storage; paint and body; service and repairs; restoration and detailing; brokerage business (office only with vehicles on site for repairs or restoration only); parts inventory for business use; and an inside private collection display area to showcase workmanship. The business will comply with building, parking, landscaping, and environmental regulations. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes, Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations, FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation, The subject property has a Future Land Use Map designation of Commerce and a zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is consistent with the Commerce Future Land Use Map designation. Pursuant to LDR Section 4.4.19(D)(1)(d) and (e) within the MIC zone district, towing services, with no outside storage, and automobile paint body and repair shops, are allowed as a Conditional Use. LDR Section 4.4.19(B)(3) states that within the MIC zone district, business and professional offices are allowed, including, but not limited to finance, insurance, credit reporting and collection, etc., and general offices for an individual, partnership or corporation. Auto brokerage offices, while not listed specifically as a permitted use in the MIC, have previously been licensed to operate in the industrial districts subject to restrictions on vehicle storage (interior only). As described by the applicant, other than the private collection, there shall be no display of vehicles. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: [3 Water service will be provided via extension of the existing 8" main within NW 18th Avenue through the development installation along the north, west and south sides, thus looping the system and maintaining system integrity. Stub-outs will need to be provided at the northwest and southwest corners of the property for future extensions of the water main along the east side of Congress Avenue. Adequate fire protection will be provided via the installation of fire hydrants every 300 feet along the main. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer service will be provided via installation of an 8" sewer main within NW 18th Avenue from the south end of the property 600' northward to an existing lift station (L.S. 107). The system is to be designed with sufficient depth to accept service from properties to the south. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Regional Waste Water Treatment Plant for the City at build-out. Drainage: Paving and drainage plans are not required with a conditional use request. If the conditional use request is approved, a paving and drainage plan along with drainage calculations must be provided with the site plan submittal. Drainage must be retained on-site. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Streets and Traffic: A treffic impact study was submitted indicating that the proposed use will generate 434 average daily trips onto the surrounding roadway network. Congress Avenue operates at Level of Service C with 30,394 average daily trips during the peak-season and 26,686 trips on an average annual basis. The traffic impact study has been transmitted to the Palm Beach County Traffic Division for review. There are no problems anticipated complying with the Palm Beach County Traffic Performance Standards Ordinance. However, a condition of approval is that written verification be obtained from the County stating that the traffic study complies with the Traffic Performance Standards Ordinance. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. There will be no impact on this level of service standard as a result of this proposal. P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 4 Solid Waste: Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 18,400 sq.ft, would be 9.2 pounds per square foot, per year or 84.64 tons per year. The trash generated by this proposal can be accommodated by existing landfill facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies are noted. Future. Land Use Element Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply:... 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. The subject property is located within the MIC zone district, and is therefore located in an area designated to accommodate auto repair. Future Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Physical Considerations The property has been disturbed and there are no physical conditions that would prevent its development. Complementary With Adjacent Land Uses The Congress Avenue corridor primarily contains light industrial uses with some commercial, office and residential uses. The site design includes the required 30' landscape setback along Congress Avenue. Four service bays (2 on the north side, 2 on the south side) will be set back approximately 90' from Congress Avenue. An 8' high masonry wall will run parallel to Congress Avenue. The remaining 28 bays (10,800 sq.ft.) will be located east of (behind) the wall. East of the wall a chain link fence with a hedge to be maintained at 8' in height will be installed along the north, south and east P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 5 property lines. The development should be complementary to the surrounding properties. Fulfills Remaining Land Use Needs The development proposal will allow the relocation of an existing business that has outgrown its current facility, which because of limited space has no remaining area for vehicles. Approval of the development proposal will establish an auto repair use in the industrial corridor, which is consistent with the auto related policies in the Comprehensive Plan. The purchase of the property and its future development will put the property, which is currently owned by the Solid Waste Authority, back on the tax rolls. Land Use Element Policy C-1.5 - The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: [3 enhanced and continuous code enforcement, [3 legislation which requires heavy industrial uses to provide perimeter landscaping of their sites, [3 owners of vacant property shall provide a landscaped appearance of their properties. As the property is located on a County arterial (Congress Avenue), which runs through the City and adjacent municipalities, the appearance of this facility is a concern. Efforts have been taken in an attempt to provide a better image along this corridor with the installation of landscaping on private properties as well as within the Congress Avenue median. The special landscape setback requirements for Congress Avenue [ref. LDR Section 4.3.4(H)(6)(b)] require a 30' wide landscape buffer. As with many recently approved developments along this corridor a 3' high undulating berm should be provided. The landscaping will be further addressed with the full site plan submittal. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the MIC (Mixed Industrial and Commercial) zone district. The surrounding land uses are as follows: to the north and south are vacant parcels; to the east, a salvage/wrecking company; and, to the west across Congress P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 6 Avenue are vehicle repair facilities (George and Tonya's Auto Repair, Congress Auto Service, A&J Auto Tech, Inc.) Compatibility of the vehicle repair facility and the towing service with the adjacent properties is not a major concern. As previously stated, the majority of the service bays will be located to the east of a wall and the first service bays are set back at least 90' from the Congress Avenue right-of-way line. However as the properties on the north and south sides of the site are currently vacant, the 13 overhead doors/bays on both the north and south sides of the building will be visible to motorists. The landscape code requires that hedges with trees every 30' be provided along all property lines. The proposal includes installation of a hedge which is to be maintained at 8' in height. In order to obscure the overhead doors trees should be provided every 25' along the north and south property lines in addition to maintaining the hedge at 8' in height. The description states that the business is limited to the operating hours of 7:00 a.m. to 7:00 p.m., which will not have an impact on surrounding properties. Provided the above mitigation measures and restrictions are imposed, the project will help to achieve the City's goals of improving the appearance of the Congress Avenue corridor; and a positive finding can be made that the use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the "Technical Items" were identified which are attached as an Exhibit. Most of the items relate to site plan issues. These will need to be addressed with the site plan submittal. The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must address the concerns raised through the conditional use petition, and address the listed "Technical Items" (Exhibit A). Special Courtesy and Neighborhood Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 7 El Country Manor El Rainberry Bay Homeowners Assoc. El Chatelaine El Rainberry Lake El Delray Shores Homeowners Assoc. El Rainberry Woods r3 High Point Sections 1-7 El The Sudan El Lake Ida Homeowners Association El Progressive Residents of Delray El Pines of Delray North (PROD) El President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use for Foreign Car Engineering to establish an automobile paint, body and repair shop, and a towing service, with no outside storage is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. The "Technical Items" will be addressed with the site plan submittal. The architectural styling and quality of the building and the site will be an asset to the area. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the service bays are adequately screened from public rights-of-way and adjacent properties, and limitations regarding their operation are imposed. 1. Continue with direction. 2. Recommend approval of the conditional use requests to establish an automobile paint body and repair shop, and a towing service, with no outdoor storage for Foreign Car Engineering based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for an automobile paint body and repair shop, and a towing service, with no outdoor storage for Foreign Car Engineering based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 8 Recommend to the City Commission approval of the conditional use requests to establish an automobile paint body and repair shop, and a towing service, with no outdoor storage for Foreign Car Engineering based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan application be submitted which addresses the attached "Technical Items" and conditions of approval; 2. That there be no display of vehicles for sale on the premises, and that any vehicles associated with the brokerage operation be on site only for repair and restoration purposes; 3. That the towing operation be limited to vehicles that are being repaired on the premises; 4. That the hours of operation for the repair functions be limited to 7:00 a.m. and 7:00 p.m., Monday through Saturday; 5. That along the north and south property lines trees be installed every 25' and the hedge be maintained at 8' in height; 6. That a 3' high undulating berm be installed along Congress Avenue; Attachments: I;3 Exhibit A Q Sketch Plan P & Z Board Staff Report Foreign Car Engineering (Automobile Repair & Towing Service) - Conditional Use Request Page 9 I 1. Pu~uant to LDR Section 4.6.9(D)(4)(d), ~o-way traffic flow must be used when pe~endicular parking spaces are used. The standard aisle width is 24' with a maximum width of 26'. Exceptions may be made at the time of site plan approval in order to a~mmodate pick-up and drop-off areas. Pe~endicular parking is provided with one-way tra~c flow; the dumpster is facing the opp~ite direction of the one-way flow; the drive aisle is 27' wide with a 30' aisle for the ~stomer drop-off area; and, the drive aisle is only 16' wide adjacent to the proposed masonw wall. With the site plan submi~al, these items must be addressed or relief to waivers obtained by the Site Plan Review and Appearance Board. 2. ~e proposal includes the installation of a driveway at the no~hwest corner of the site which is to ~rrespond with the median opening for Congress Avenue. However, a driveway exists along the no~h side of the no~h prope~y line, and the maneuvering apron pa,ially en~oaches on the subject prope~. The provision of ~o driveways at one median opening is a hazardous situation. It is recommended that either the appli~nt ~ordinate with the p~pe~ owner to the nodh to obtain cross-access, or that the driveway be lo,ted at the southwest corner of the site. 3. The fence along the east prope~ line must be setback 10', with the gate setback 20', to a~mmodate vehicle stacking. 4. Each gate must be provided with a knox box. 5. Sffe Lighting must be provided and must comply with LDR Section 4.6.8. The Io~tions and details must be indicted on the plans. The light poles ~nnot exceed 25' in height to the top of ~e fixture and a photometric plan is required to ensure compliance. 6. LDR Section 4.6.16(E)(3) states that all lands~pe areas must be protected from vehicular use areas with Type "D" curbing. Curbing is not necessaw at the head of the parking spaces where wheel stops may be used in-lieu of curbing. 7. The customer pick-up and drop-off areas must be separated from the regular tra~c drive aisles. 8. Pumuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along NW 18~ Avenue. Presently there are no sidewalks along the east or west sides of 18~ Avenue. Pumuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will not se~e its intended pu~se the requirement for the sidewalks may be waived during site plan or plat approval. ~e appli~nt may want to ~nsider execution of an agreement to install the sidewalk when the Ci~ installs sidewalks along 18~ Avenue. 9. As ~e development will involve the installation and e~ension of public utilities, the prope~ must be plaffed. . :l~x I ' ~ ' ~ '. :'::."'"- '~ ...... - ~.~ ~ ~ ~ ~ ,. _ '. . . . . . ,.. .... ~ "; ~ . ~,~ ~ ' ... - .. ~ ~ ~ ,.' ,~, . ,- , ,. .~.-,. : ~V SS~N~ ' "'" "'"' ' ':'~':'~:' ' ";:;'" TO: DAVID T. HARDEN CITY MANAGER ~~j~ DIANE DOMINGUEZ, DIRECTOR ~L~ THRU: ~D~EPARTMENT~G ANI~'~C~N~I~G FROM: J~ET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 6, 1998 CONDITIONAL USE REQUEST TO ESTABLISH A FINANCIAL INSTITUTION IN THE CBD ZONE DISTRICT FOR FIRST UNION TRUST OFFICE The conditional use request is to establish a financial institution in the CBD zone district for First Union Trust Offices. First Union Trust Offices (i.e. a bank) wishes to occupy the former bay of Nations Bank at Atlantic Center. Nations Bank vacated the site more than 180 days ago. Therefore, that conditional use has expired [REF: LDR Section 2.4.5(E)(6)], and First Union Trust must reestablish a Conditional Use for a financial institution at that location. First Union Trust will provide banking services to its customers Monday - Friday from 9:00 a.m. to 5:00 p.m. and employ 5 people. No exterior modifications or site upgrades are being proposed at this time. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 28, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the Conditional Use request. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the Conditional Use request to establish a financial institution for First Union Trust Office at Atlantic Center be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the Conditional Use request to establish a "Financial Institution" for First Union Trust Offices at Atlantic Center based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: P& Z Staff Report and Documentation of September 28, 1998 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 28, 1998 IENDA ITEM: IV.D. ITEM: Conditional Use Request to Establish a Financial Institution within the CBD (Central Business District) for First Union-Trust Office, Located at the Southeast Corner of East Atlantic Avenue and Venetian Drive VETERANS, ] >' ISU~4~IT CONDO PLAZA I ~ I BARR I ATLANTIC AVENUE · COMMERC/AL I / ~1 I I~ I I~ ~1 I ~ OC&AN PLACE ~ I1 ~ I ~ ~ II CONDO GENERAL DATA: Owner/Applicant ......................................... Delray Ocean Partners, Ltd. Agent ......................................................... Calco Development Corp., Inc. Jim Knight Location ..................................................... Southeast corner of East Atlantic Avenue and Venetian Drive Property Size ............................................. 2.06 Acres Future Land Use Map Designation ........... Commercial Core Zoning Designation .................................. CBD (Central Business District) Adjacent Zoning .............................. North: CBD East: CBD & RM (Medium Density Residential) South: RM West: CBD Existing Land Use .................................... Mixed Use with office, retail, restaurants and apartments. Proposed Land Use .................................. Conditional Use Request to allow the establishment of a Financial Institution , First Union-Trust (formerly Nations Bank location at 1000 E. Atlantic Avenue). Water Service .......................................... Existing on site. Sewer Service .......................................... Existing on site. IV.D. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a financial institution for First Union Trust Offices at Atlantic Center, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast corner of East Atlantic Avenue and Venetian Drive. The 2.06 acre property consists of all of Block A and Lot 7 of Block C, of John B. Reid's Village Plat. In 1950, a 1-story 26,995 square foot commercial building was constructed on the subject property and is known as Atlantic Center. Atlantic Center contains a mix of commercial uses including offices, general retail, restaurants and dwelling units (apartments). The parcel was zoned LC (Limited Commercial) until it was rezoned to CBD (Central Business District) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. First Union Trust Offices (i.e. a bank) wishes to occupy the former bay of Nations Bank. Nations Bank vacated the site more than 180 days ago. Therefore, that conditional use has expired [REF: LDR Section 2.4.5(E)(6)], and First Union Trust must reestablish a Conditional Use for a financial institution at that location, which is the action before the Board. The conditional use request is to establish a financial institution at Atlantic Center for First Union Trust Offices. First Union lrust will provide banking services to its customers Monday - Friday from 9:00 a.m. to 5:00 p.m. and employ 5 people. No exterior modifications or site upgrades are being proposed at this time. h I REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Planning and Zonino-.Board Staff Report 'Conditional Use Ap ,val- First Union Trust Offices Page 2 body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District). The zoning district is consistent with the land use map designation and "financial institution" is listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(6)]. CONCURRENCY: Facilities which are provided by or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. First Union Trust (a financial institution) is occupying a bay that was formerly occupied by a financial institution. Therefore, no impact on level of service standards will be realized with this development proposal as it relates to water and sewer, solid waste, parks and recreation, drainage or traffic. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Coastal Management Element Policy C-3.2: There shall be no change in the intensity of land use within the barrier island... The request involves the re-establishment of a financial institution within a bay of an existing commercial development. It does not involve a change in FLUM designation or the zoning classification. A financial institution functions at the same level of intensity as many other commercial uses allowed in the district. Therefore, the proposal is consistent with this policy. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; .Planning and Zonin¢ Board Staff Report Conditional Use Ar- ,val- First Union Trust Offices Page 3 B. Nor that it will hinder development or redevelopment of nearby properties. The subject property - Atlantic Center is bordered to the north, east and west by CBD zoning and RM zoning to the south. The existing land uses to the north, east and south are general retail uses, and to the south is a multiple family development known as Venetian Village Condominium· Compatibility with the adjacent residential development is not a concern, as the proposal does not necessitate any exterior building modifications or upgrades to the site (parking or landscaping). Further, no additional traffic will be generated by the proposed use. Therefore, the reestablishment of a bank at this location should not have a detrimental effect upon the stability of the adjacent neighborhoods, nor should it hinder development or redevelopment of nearby properties. h Downtown Development Authority: The development proposal is not located within a geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Agency: The development proposal was reviewed at the Community Redevelopment Agency meeting of August 27, 1998 and the Board unanimously approved the development proposal. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · Beach Property Association · Barr Terrace Condominium Association · Barr HaurborApartments planning and Zoninr'-~oard Staff Report Conditional Use Ap, Jval- First Union Trust Offices Page 4 The proposed conditional use seeks to establish a financial institution for First Union Trust Offices at Atlantic Center. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction. B. Recommend approval of the request for Conditional Use approval for the establishment of a financial institution for First Union Trust Offices at Atlantic Center, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan. C. Recommend denial of the Conditional Use approval for the establishment of a financial institution for First Union Trust Offices based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the Conditional Use request to establish a financial institution at Atlantic Center for First Union Trust Offices, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: · Location Map ° Sketch Plan EAST ATLANTIC AVENUE KEY PLArq I:ITY OF DELRIIY BEI:II:H DELP,^Y BE^(~H 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 ~lI-AmericaC~ 993 TO: David T. Harden City Manager FROM: 0~/P, obert A. Barcinski ~ Assistant City Manager DATE: September 30, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 6, 1998 SPECIAL EVENT REQUEST - HOLIDAY PAGEANT PARADE ACTION City Commission is requested to consider a request from Mr. William Wood, on behalf of the Delray Beach Jaycees, to fix the amount of overtime to be paid by the Jaycees for the Holiday Pageant Parade at $1,200. BACKGROUND Attached is a letter request from Mr. Wood requesting that the maximum amount of overtime to be paid by the Jaycees for the Holiday Parade be set at $1,200. In past years, the City has split the overtime for this Citywide event 50/50. This years overtime estimate is $3,000. STAFF RECOMMENDATION Staff recommends approval of this request. RAB/tas Attachment File:u:sweeney/agenda Doc:093098a.doc THE EFFORT ALWAYS MATTERS ~-D. Pn~ted on Recycled Paper September 21, 1998 Mr. Bob Barcinski Assistant City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Dear Bob: We are in receipt of the City's approval of the 1998 Holiday Pageant Parade. As always, we appreciate the city's participation and support of this event. Included in this years approval is the city's request that the Jaycees pick up the entire cost of city overtime (estimated at $3,000). We request the City Commission reconsider. Last years overtime was split with the city (50/50) and cost the Jaycees $1,100. The overall expenses of the parade in 1997 were $4,250. The city contributes $3,000 and the Jaycees raise an additional $1,500 to $2,000. There is no margin for additional costs. Even if the Jaycees successfully raise more, that money would just be donated back to community groups. We would like the city to contribute to the overtime costs and fix the maximum amount of the Jaycees share at no more than $1,200. As always, thank you for the city's outstanding participation and help in making these events run smoothly and successfully. Sincerely, William J. Wood President hpharden · Greater Delray Beach Chamber of Commerce · 64 SE 5th Ave. · Delray Beach FL 33483 · (561) 278-0424 FAX 2'78-0555 MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor (~ THROUGH: Joseph Safford, Finance Director DATE: October 02, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 06, 1998 - BID AWARD - BID//97/98-58 FURNISH AND DELIVER LIQUID CARBON DIOXIDE Item Before Commission: City Commission is requested to approve the award for the purchase of carbon dioxide to Air Liquide America Corporation, at an estimated annual cost of $51,000, via the City of West Palm Beach Bid//97/98-58. Background: The City of West Palm Beach is the lead agency for this joint bid with the City of Delray Beach. Bids were received on September 03, 1998, from five (5) vendors, based on estimated quantities of this joint bid. A tabulations of bids is attached for your review. The City of West Palm Beach Facilities Operations Manager and Manager of the Water Treatment Plant for the City of Delray Beach recommend award to second low bidder, Air Liquide America Corporation, as the low bidder, Airgas Carbonic, does not have NSF Certification (standards for drinking water treatment chemicals - health effects). See attached memo from City of West Palm Beach dated September 15, 1998 and memo from Manager City of West Palm Beach Water Treatment Plant dated October 1, 1998. Recommendation: Staff recommends the award to Air Liquide American Corporation at estimated annual cost of $51,000 for the City of Delray Beach. Funding from Water Treatment Plants operation account //441-5122-536-52.21. Attachments: Tabulations of Bids Memo From City of West Palm Beach Dated September 15, 1998 Memo From City of Delray Beach Water Treatment Plant Dated October 1, 1998 Agenda Item No.: /L/ ' AGENDA REQUEST Date: October 02, 1998 Request to be placed on: Consent XX R~§u!ar Agenda Special Agenda Workshop Agenda When: October 06. 1998 Description of agenda item {who, what, where, how much): Bid Award - Bid #87/98-58 for the purchase of Carbon Dioxide to Air Liquide America Corporation at an estimated annual cost of $51,000 via the City of West Palm_Be~ch joint bid with City of Delray Beach. Air Liquide America Corporation is the low responsive bidder. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Air Liquide America Corporation for the ptrrchase of Carbon Dioxide at an estimated annual cost of $51~000 via the City of West Palm Beach Bid #97/98158. Funding from account code 441-5122-536-52.21. 'Co~r zve Plan Determination of Consistency with ehens' : City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: N I%~~ ~q~W .~ Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ApprovedHold Until: for agenda: Y~/ NO ~i~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To: Jackie Rooney, Buyer ~ , From: Don Haley, Manager of Water Treatment Plant SUB: CARBON DIOXIDE (C02) BID #97/98-58 Date: October 1, 1998 After review of the bids and specification, the low bidder does not have NSF Certification. I have talked with Ray Taylor of the City of West Palm Beach's waterplant and agree with him on recommending that we award the Co2 bid to the second lowest bidder, Air Liquide at $102.00 per ton delivered. The City of Delray Beach's annual usage is 496 tons per year. Please prepare the necessary paperwork for our City Commission's approval for the total amount of $51,000.00. Should you have any questions, please feel free to contact me at extension 7318. The funding source will be from account #441-5122-536-52.21. DH:dsk cc: Dan Beatty, Deputy Director Public Utilities File: airliquide.doc 0CT-01-1998 10:43 PURCHASING 561 835 0028 P. 01/07 ~ DEPARTMENT OF PUBLIC UTILITIES E I~~ P.O.~x~a~ of~ w,~r t~~ P~ 1~ ~3 alm "~e Orchid Ci~' To: Nora Laudermilk, Assistant Purchasing Agent Ad' 9/15/98 From: Ray Taylor, Facilities Operations Manager ~L Subject: Carbon Dioxide procurement In the past week, I have spoken with representatives of the two lowest bidders, Air gas and Air Liquide. Based on the fact that Airgas, the lowest bidder, does not have NSF certification, we should award the purchase order to Air Liquide as the lowest responsive bidder with NSF certification. (See attached documents.) Don Haley of Delray Beach concurs with my recommendation, per a phone conversation this day. To be sure that Air Liquide has currem status in NSF certification, I obtained the more recent information as provided from the certifying organization. Please let me know if you concur. Thanks. (fax copy to Don Haley at 561-243-7316 sent this day) PROPOSAL Bid # 97/98-58 TOTAL OFFER DE.ea~RFPTION F.O_R. DEST_, Liquid Carbon Dioxide - City of West Palm B~s~h $ 1 02.00 per ton West Palm Bcach Wamr Tmaunent Pacilky 1009 Bany~ Blvd. W~st Palm lkach, FL 33401 Liquid Carbon Dioxide - City o£D~Iray Bea=h $ 102.00 per ton Delray Be. ar/t W~r Trratmem Plant 200 $.W. 6th Stria D~lray Beach, ltl 33444 State a~ly additional chargc$ (if any): S15.00 .... hulk Hazmat Government Surcharge per aellVery. Delivery can bc made in 3 . wotkingdaysaftarrec¢iptoford~r.(or as required) NAMI~OFCOMPANY: Air Uiquide America Corporation ADDRESS: 3900~A Consumer Streett Riviera Beach,. Ft~ 33404 --.. 842-2288 FAXNO.: { 561 -844-00361 : Robert J. Jennings 8/26/98 (~ri~t Namc) CONTACT(S) AND PHONE NUMBER FOR PLACING ORDERS: Clara Danc¥ Oistribution Supervisor 800-323-19'/0 (Prim Name) (Title) (Telephone) VENDOR REPKI~SENTS THAT HE/SHE IS A: ~' Black Mlnori~ Business Enterprise ( ) Hisp~c MinoriV] Busiu~ F, nterprise ( ) Other Minority Bu6-.e. ss En~rprise ( ) Sp~i~: Womb-Owned Business En~-pris¢ ( ) Non-Minority Busincss En~pris~ ~ END OF SEALED BID 10 TOTAL P.01 0CT-01-1998 10: 44 PURCHAS I NG 561 815 0028 P. 05?0? JI , .---.. , .... _.- ..... q ,,I ~_ CERTIFICATE OF C 'MPLIANCE CEKI3~CATE ]k'UMBi~ 071SOd. ld'117* ~ t~ ,~rl. alai~&med. P.O. mm 1670 ~ aamt~l~e ~ ~,~n [Sku,ada · mind,mill fir Sljuty:. ANIIINgP Standard 80: Drtnldng Wac Tmnlment Ohemtmis-Hm ~ lffictS DELRAY BEACH Delray Beach Police Department (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: Nilza Madden, Executive Assistant Agenda Coordinator FROM: Joseph L. $chroeder, Major ~ Deputy Chief of Police DATE: September 11, 1998 SUBJECT: PEDI-CAB SERVICE Our records indicate that in the past six months there has been only one reported accident involving a pedi-cab. The accident occurred on July 19, 1998 at 12:28 a.m., at the East Atlantic Avenue bridge. According to a passenger in the pedi- cab, the vehicle approached the pedi-cab rapidly as the pedi-cab slowed while climbing up the bridge incline. There was a hit and run accident and we were unable to identify the driver so further information could not be obtained. The Police Department remains opposed to allowing pedi-cabs to operate on a day to day basis along East Atlantic Avenue. Pedi-cabs present a safety concern as to the risk of accidents as well as a traffic concern regarding the impedance of traffic. The use of pedi-cabs during special events would not be a concern since traffic flow is usually restricted and there is a heightened awareness of pedestrian traffic. If additional information is needed, please contact me directly at extension 7859. A copy of the accident report is attached. JLS/ppt 09/10/98 THI.T 09:34 FAX 581 243 3774 CITY CLERK ~001 (4) That at least 40% of the guest units be suites. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. APPEAL OF SIT~ PLAN REVIEW AND APPF~ANCE BOARD DECI- SION FOR ~T. MARY~ THE VIRGIN ANGLICAN C..~CH ~CHOOL: Consider an appeal of the Site Plan Review and Appearance Board's action to approve a Class IV site plan modification for St. Mary's The Virgin Anglican Church School. The subject property is located at the southeast corner of Homewood Boulevard and Atlantic Avenue. A POSTPONEMENT TO MARC~ 17, 1998 Mr. Egan moved to postpone consideration of the appeal to March 17, 1998, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. .A.D. PROPOSED PEDI-CAB SERVICE: Provide direction concern- ing proposals to establish pedi-cab services in the City. The City Manager stated that staff solicited comments from the various groups the Commission had asked for comments from as well as a few other groups. There was not absolute consensus, but the majority consensus was to do a six month trlal period and continue to allow the use for special events. Mr. ~llingsworth stated that he would support the six month trial period. However, he felt it imperative that the vendor provide indemnification and add the City as an additional. insured on its insurance policy. Mr. Ellingsworth also raised a question as to how the City's sign ordinance would be impacted if the vendor plans to use advertising on the pedi-cabs. The City Attorney stated that staff should take a look at the ordinance for clarification to see if ~ything else might need to be don~ in this regard. Mr. Ellingsworth further stated that he feels there needs to be some definitive measure, possibly the Police Depart- ment, to make the determination if the trial period was a success or not at the end of the six month period. Mr. Egan concurred with Mr. Ellingsworth, stating that he would rely heavily on the Police Department's recommendation on whether or not to allow the pedi-cabs at the end of the trial period. Mr. Schmidt noted that a couple of the groups making comments recommended the possibility of limiting the number of pedi-cabs allowed to operate during the trial period. Also, the -5- 3/03/98 09/10/98 THU 09:35 FAX $61 243 3774 CITY CLERK ~002 Atlantic Avenue Association recommended that while pedi-cabs be allowed during special events, they be specifically excluded from the Delray Affair since there is such a crush of pedestrian traffic downtown during that event. Mayor Alperin clarified that the use of pedi-cabs during the trial period is being permitted with only the one vendor, A1A Bike Rentals represented by Mr. Allen Tate. Mr. Randolph asked that something be included in the agreement that if the pedi-cabs are found to be creating safety or other problems, that the trial period may be terminated by the City Commission on recommendation from the Police Department. Upon further discussion, the City Attorney framed the following motion: Approval of the proposed pedi-cab service with A1A Bike Rentals (Allen Tare) for two pedi-cabs to be operated in the area of Atlantic Avenue for a period of six months, subject to entering into an appropriate agreement including a termination without notice upon recommendation by the Police Department during that time, a hold harmless agreement and insurance naming the City as additional insured, and excluding the use of the pedi-cabs during the DelrayAffair. Mr. Egan so moved, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - No. Said motion passed with a 4 to i vote. 9.E~ FUNDIN~ REOUEST/P~OJECT GRADUATION: Consider a request for funding from the Atlantic Community High School Project Graduation Committee. Robert A. Barcinski, Assistant City Manager, stated that a request has been received from the Atlantic Community High School Project Graduation Committee for funding support although no specific amount WaS specified. Last year the Commission contributed $500 to this project. Staff recommends approval of a $500.00 contribution again this year. Funds are available from contingency in the City Commission's Special ~vent budget. Mr. Schmidt moved to approve a $500.00 contribution to Project Graduation, with funding from Special ~vent Contingency (~001-1111-511-48.10), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. ~gan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPRCIAL ,EVENT REOUEST/IRI$~ CELEBRATION: Consider a request for special event approval to hold an Irish Celebration on Saturday, March 14, 1998, from 12 Noon to 6 p.m. at Ocean City Lumber, including temporary use permit for Railroad Avenue from Atlantic Avenue to N.B. 1st Street, staff support, and event signage. -6- 3/03/98 09'11 '98 10: O1 FAX .~61 24.3 7816 DELRA¥ BEACH POLIC'E DEPT · HWAY ~AFa~ & MOTOR VEHICLES TRAFFIC C~SH RE.RD5 TALLAHASSEE. FLORIDA 3239~500 ............................................................................................................................................. DA~ OF ~SH ' AT NOD~ NO. ~ / UI~S mOU NO~ NO. N I 3¢ ' " ""' ....... ..... . ~ ~hl~ INSU~ ~ (U~IU~ OR Pl~ ~ NUM~ I ~HICLE ~NOVEO H~B~S ~ATE~ALS 1 Ye~ 2 No P~HDED , Y. 2 No I ~O 1 Y~ 2 Nm ~ Y[S, E~a~ in ORI~R'$ PMONE NO, %~alkER OR TOWED V~ICL~ ~ ' - T~R ~P~ ' ' ~ I ~* u~ ~ ~mds~eld ~al ~ T~ INSU~NCE ~OMP~ (UABI~ OR PiP} P~ ~R ' J ~LE t ~ 1 T~al~ ~ 3 D~,..,,. OWNER'S PULL N~ME~?o~ VehicleJ CU~[NT aDD.SS ~um~r ~ER (~tl~ ~ ~e O~r Lmm1 / P~m __ ~T ~D~S (Nummr md ~ ~ &~A~I~ ~E J OA~ OF ~ A ~3 ~ ~ RE~L~ I AL/ffi I~YS.~F.I RES ~ I S~ [ INJ. I S. EQUIP. I ~E~." Rl~ - ~er ~fluen~ Falig~ / A~b 04 P~I~ Trunnion ~ T~ Tra~er d Fma~ 5 U~k~ 4 Heating {2 ra~ Ilrul O6 Tr~k Tre~oe (~b) ~ k~e E~men~ OS ~ Tral~r 4 DlCflauaeur 2 ~ I~URY ~ER~ ~ EO~P~ IN U~ t In ~) ~ T~ 07 Mm~r Ho~ IR~ ~ F~relR~e ~7 ~ Trall~ [ ~lO~m I H~ ~ Bl~le 11 ~her ~mmenl ~ T~ V~e 7 ~ 2 P~ 2 ~ ~ I S~U~t Harness I~ A# Terrain veh[me ~ME~S I ~ ~ ~ i ~ 2 Na 3 HR ' 2 F~ ................. ...... ............................. o9 11'98 10: O1 FAX 581 24,3 7816 DELRAY BEACH POLICE DEPT BEIN~ T~R~O RE~ ~ I:~O~ERI~t' D~,I,~GED. QTI.IF~ THAN VENIRES , EST. ~T ~'8 ~E . .. ' , " ' ' ..... ' '~' ..~, ,,.. , ,~ ' ' ' 1. ~N~B~N~ ~USSS. DRIVER/PED. ~[~ Y~ICLEDEFE~ ~~ 01 No Impl~r Ori~ng/a~ion 1 2 01 No ~s I 2 3 01 ~ ~ 1 2 3 1 N~e 1 ~ 3 ~ Dr~Under lnP~n~ ~ 51~ M~h. g7 En~fl~Lea~ Pa~ing Space R~way Ve~. I T2 E,~ ~m S~d Umil 19 Imm~r t~ LOCA~ON ~ ROA~AT J ~ a~ON FIRST I SU~EQ~NT N~L ~ R~ SYS~ ~N~R~R U~H~NG ~n]8~G ~USE~ - no~ E~I~MENT~B~NG ~OS~, T~FIC ~NTROL ~ L~ON ~AY~R 02 O~ion Whh IWlho~ W~ing 02 I~emenl Wea~r 02 ~ Z~ ~ ~ O~r (~plm)' O~ N Int~i~ 2 Sffagh~r~ ~ R~ Un~r Re~rl~lru~ian ~ Pam~l~a~ vehicle ~ Tr~c Sig~ i ~ ~fl~ By IMor~tm ~ Sh~lders - ~tL~I High ~ lo~ an VeMde ~ ~eld 5~n OS Raho~ O=g 4 Cu~U~r= I ~ Worn/P~l~ R~ Sudact ~ F~ ~ ~i~r/Guwa/FI~m~ ~ ~ Ramp U Afl ~h~r ~ ~ ~Aer (~p) ~ ~oke ~ P~ No ~Tum ~ Parki~ Lat- Pu~ic (~n) 10 ~wa ~ All ~har ~ , TO S~J S~ Zone . _. 10 Pa~q ~t- Pr~e ~TOR [ ~L STA~TE ~MB~ N~E ~E ~A~ ~, . p~ 2 al ~ P~ ~O :_i3;9_~_ 3tt:.o.~.F.A~.~56~~, .~3~3. ,7,8,Z~6, ,~,,, DELRAY BEACH POLICE DEPT MAIL. TO:-~PT_ O~ HIGHWAY SAF~ & MOTOR VEHICLES T~FFIC CRASH RECORDS TAL~HASSEE, FLORIDA 3239~500 NU~ER NAtiVE ~ ~OD~ SEC~ PA~.¢ PA~ER N~ ~DRE~ ~ & ~ 2P A~ Lc. Ini, Eq~p. E~ I I I ~O~TO¢ - ~ STA~ NUMgE~ N~ ~ ' ~A~ ¢~~~ ~.~~,X I~'%~* i ~~.~ ~9 ~11 98 1~:(~2 FA% S61 243 WITH ARROW 09 11'~98 10:o3 FAX 561 243 7816 DELRAY BEACI-I POLICE I)EPT r'gv.~u~ I n~rr'l~ ~m~n n~'e'~l'l ! ;"6'6'/~T~'fi:gi~i':/~iB'§'~;~'~' ............................................................................................. ~t TO: ~T. OF H~HW~ S~F~ ~ ~OTO~ V~C~S ~FFIC C~SH RECORDS TAL~HASSEE, FLORID~ 32399~5~ ............................................................................................................................................. U - SEC. FA~. P~ENGE~ N~ ~OR~ ~ & I I I I VIO~TOR FL ~I~ NU~BER N~E ~A~[ ~A~ vIO~T~ FL STAT~ ~U~ER NAME ~ARGE ~A~ WITNESS- NAME ~DRE~ ~ & 8T~ ~P INvESTI~TION~~J ~MPL~/I J T~ n9 11 95 11)~03 FAX $61 24.~ 7816 DELRA¥ BEACH POLICE DEPT [~111 ~ ~vn~u~ in~rri.v ~n~o~ ~EKU~I ~tw~ ~'~l~' ~':' "'"'--- ~" "" '""""'~'~'~aT'~TE'~'~W~CE MAIL TO: DEPT. OF H~GHW~ SAF~ & MOTOR VEHICL~ T~FFIC C~SH RECORDS TAL~HASSEE, FLORIDA 3~399~500 S~c P~SS. P~SENGER NAME ~TOR ~ ~l~ NU~8~ N~E V~TOR' '~ STi~ N~BER NAME '1 u9 11 9,~ 1.:1~4 FAX ,~61 243 7816 I)ELRAY BEA('H POLICE N~R~TIVE'/OlAG~M MA~L TO: DEPT. OF HIGHWAY SAF~ & MOTOR VEHIC~S TRAFFIC C~SH RE~RDS TAL~HAS~EE, FLORIDA 3Z399~5~ VIO~T~ FL STATUTE NUHSE~ NA~ WITNESS- M~E ~DRESS I W~T~ - ~wE ~E~ n9 ll'9,B ln:O~ FAX S61 243 ?~B16 I~ELRA¥ BEACH POLICE I>EPT. .................. ~015 ~ UPDATE ~ CONTINUATION DO NOT WRITE IN THIS SPA~ " ' ..................................................... MAIL TO: ~PT. OF HIGHWAY SAF~ & MOTOR VEHICLES ~FFIC C~SH RECORDS TAL~HASSEE, FLORIDA 32399~500 DRIV~ 1 Ph~ ~ ~A~ Wp~ [ USE V~ U~SE NUMBER STA~ ~ JDB~R~ON NUMB~ .... ~NT VE~/~E T~UNG ON A~ E~. VEHI~E DA~GE 1 D~hg INSU~ ~MP~N7 (UA~IL~ OR PIP) 1 T~li~ U~ 3 ' ~'~ ~LL HA~E ~ler or T DRIVER (~17 ~ ~ Dd~ r~,~n ~R~NT ~OR(~ (Nu~r ~ Sir.{) ~& ~A~/~P ~Oe ~ DATE O~ DRI~RUCE~R STA~,~ ,BAC~ST3U,n, RE~TLI~I~QJPHYS. DEF.I RES ~ [ 1 I 1 I Ize~ A~ LOC ~. S. IN~R~ON . ~,'-,.,m,- - 19~m iNSU~ ~MP~ ~ILI~ OR PIP) ' $ 3 No ~CY NU~R ~HI~ ~EMOVED BY: - 2 T~er'a a~ue~ = ~ j j O~ER'S ~LL fl~E (Ch~k il Dri~ CU~ENT A~R~ ~um~ ~ ~r~l) Q~ ~D ~P ~E OWNER'S FULL N~M~ ~rail~ ~ T~i~me) ~R~ ADDRE~ (Num~ ~Q 8~() ~ AND STA~ ~A . 8r~n J II ~, ' ' BBNG ~S~ORT~ 2 NO ~RDED 1 ~ 2 No P~ 1 r~ 2 No N~d~pl~ m Dfl VEIl'S PH~E o9:11"95 lO:O~ FAX $61 243 7816 DELRA¥ BEACH POLICE DEPT ~016 ~2 ~~ $ ~ ~P~R~ ~GED - OT EST. ~MOUNT O~ER'S ' ~PHOPE~~ DA~G~ T~ vEHICLES E~T. ~MOUNT ~R'S STA~ DP 4 $ ~N~mBu~ ~U~- DRIYER/P~O, v~ICLE D~E~ v~E MO~E~ V~MICLE ~EOAL FUN~ON$ ~ ~rcl~ ~ne ~ Im~ra~B~king ~ ~ ~ ~ml.~H~ ~ ] I I ~ ~i~LeD Turn ~ II I ~ P~,U, I ~1 I k~ ....... 12 Er~ ~d U~ 19 Impramr Loa~ LOCnT~N ON ~AY PEDESTRiaN A~ON 13 Di~o~ Si~ ~ D~m~ ~t 1 ~ ~ ~ ~ ~ ~ Nar a~ Inl~bn OT 14 Fal~ C~anlain Equip./vehicle TralUc ~ntr~ ~ ~t O~ R~ ~ [ I 02 Cr~D~ 41 M~l~k ~c, PASS. Additional Passengem / N~rative ' ~ PASS~GER NAME A~E~ C~ vIO~TOR FL STAT~ NU~eER NAME ~GE ~j uru~ LJ ~;UNIINUAI MAIL TO:'DEPT_ OF ~GHWAY ~AFE~ & MOOR VENIRES TR~FIC C~SH RE~RDS TA~HASSEE, FLORIDA 32399~5~ IN~ ~P~ (~ OR PIP) ~ N~R 0~'~ ~LL NAME lCh~ U ~) 0 ~ ~DRE~ (N~ ~ ar~l D~N~ ~ly ~ o~ Od~ ~n~) I p~ ' ~R~ ADDR~ ~Num~ and S~I) I ~US ~A~ALS 1 Y~ Z ~ ~ ~ Y~ 2 No I R~M~O 1 l~ ~ No II YE~ ~pl~ in DRJV~'S PMO~ NO, A~ON Mll&~ llililS]l I ~OFIU~A~- ~l~R OR ~WED v~c~ T~ ~PE -- I O~ IX~R~ON ~ Ia~ t4 I lall~ I illti I I ~ O~ER'S FU~ NAME E~ler ~ T~ Vahide) ~RRE~ ~D~ (N~r ~ g~Q I ~R~US ~A~S ~ T~ 2 No P~DED 1 ~ 2 ~ [ ~END Y~ t No RECEIVED JUL Z 0 19 8 Pages J)9~ 11 98 10:06 FAX $61 243 7816 DELRAY BEACH POLICE DEPT # PROP£IqTT O~MAGED - OTHER ~V~HI~ES ~. ~OUNT OWNER'S ~ME ~E~ ~ PR~HkHl~O - OmER THAN VEHI~S E~T, ~MOUNT OWNER'S ~E aDDRESS 4 $ ~IBU~NG ~O~S, DRI~/PED. '~HI~E O~ VE~ ~O~E~ ~1~ ~P~C[~J_ FUN~S Gl No Im~ Ori~ngl~i~ ~ No De~ ~ ~[ ~ ~kin9 _ Imp~ Turn ~ PunctumlBl~ut Ch~i~ L~ 12 ~mfle~ or 6 ~im~ln~ ~ld ~rs ~ ~1 ~ ~ ~en~dng Pafkln9 Soaco A~ay Veh. Pro.fly Pa~ ~ ~ ~ner ~d & ~V~ I~uence ~ ~ulpm~nll Veh~e lEaP ~ ~) ~ ~m~rly P~ (~plam ~ ~o F~I~ t~ ~l~ ~le~ 10 Makl~ U,T~n N~ml~I 11 Di~wd~ Tra~c SLgnal ~~ ~ ~ ~a~ ~e S~d Limi~ ~ Impro~r Loaa L~A~ON ON RO~WAY -- P~N AC~ON ~ 3 Dis~d~ 5~op Si~ ~ O~raga~ ~her ~ On R~ 01 C~ Na al ble~ ~7 ~hef W~klq 14 F~il~ te Uainlain Equip / Vehicle Traf~ ~fltrol ~ H~ On R~ ~ ~ C~ mi Ml~l~k Cr~Ik in R~ 15 ImFo~r P~ng ~ Ddving W~g Sida/Way 3 5~ulder ~ ~ a In~m ~ ~PI~ 16 D~ Lea of ~n[er R~lng ~im ~ N~i~n ~ W~ ~g R~d Wh~ T~ ip R~ 17 ~ Sla{~ ~ LJm,I ~ Vehicle M~i~ ~ Turn Le~ ~ W~ ~g R~ m~ Tm~c ~ ~ [n ~80b~[r~Jng Traffic ~ ~l ~her (Ezpl~n) Sale~ Z~ne ~ Wo~ on V~ide in R~ P~l~n ~c ~ Un~ ~c. Add~ional Passengars / Narrative PAPERER NAME ADDRESS C~ & STA~ WITNESS - NAME ADDI~F_S$ Cf'Pr & STATE DELRA¥ DEAC1R POLICE DEPT . ~019 fl9,'11"98 10:07 FAX $61 243 T816 OONOT~HITa~NTHISS~n~ ..................................................................................... ~U~DA~- ~ ~NTINUATION MAIL TO~T. OF HIGhlY S~ & MOTOR VEHIC~S TR~C C~SH REd, DS TAL~HASSEE, FLORIDA 3239~B~ ............................................................................................................................................. 3 NIA · m u~ , YEH~ T~LIRG w ~ Tr~ ~S FULL NAME (Check ff Drier) ~ CURR~ ADDRE~ (Num~ ~d ~r~tl ~ AND ~A~ ~P ~E OWNER'S ~ NAME ~r~ or T~ 9eh~) ~ ~R~ ~DRE~ (N~ ~ ~r~) ~ ~ gi~ ~F ~E H~R~US M/[RI~$ ~ Y~ ~ N~ P¢~D 1 T~ 2 No J 8E~MMEN~ 1 Y~ 2 ~ II Y~S. E~ in ~'S PHON~ NO. 3 NIA &~OF ~IL~ O~ T~ED VSHt~E ~R ~E ' ~ G w 2 F~im~ ~T~r ~ 3 No ~ INSU~N~ ~P~Y (k~IU~ ~ pip} ..... ~ NUMBER J YEfll~ REM~ BY: i T~ R~ ~ 3 ~ '- RECE ED JUL 2 0 199,8 HS~V 90004 (Rev. l l/g2) S ..~ 09,"11'9~. 10:07 FAX 561 243 7g16 DELRA¥ BEAC'H POLI('E DEPT ~ $ ~ F~PER~ ~0. O~ER ~ ~HI~ ~. A~T OWNER'~ ~ME ~O~ ~ ~A~ ZIP 2 ~ PR~ER~ D~ED - ~ER TH~ ~HI~ES E~. AMOUNT GW~R'~ ~E A~ Q~ STATE -3 ', ~ P~i T O~GED. ~NER ~ ~l~S ~T. AMOUNT O~ER'S N~E ~DRE~ ~ ~I~ ~p 4 B1 No ~ O~l~ 01 No ~ F~ ~ T~ ~h~.W~ ~ W~I~ T~ ~ M~in9 Le~ Turn 3 D~ Imp~r ~e ~n~ ~Ms ~ ~ ~gflt Turn 11 P~ S ~ ~ EQui~lVeh~e I~n i~ ~sl~l ~ I~dy Pa~ ~ m Fd~ Tm ~JT ~a~ ~O Mak~ U-Turn N~i~i 11 ~ Tr~ 12 ~ ~ ~ Limif lg ~r~ L~ L~Ti~ ON RO~WAY ~IAN 16 Dr~ L~ · ~nle ~ R~q P~ 4 ~ ;e ~n9 Tra~c ~ ~l ~ (~mn) $~l~ Zone ~ Wo~ m V~ ~ ~ F~ b~ ~ ~,~;, ~c. ~. A~dltlonal Passenge~ / Narrative PA~GER NAME a~RE~ Cl~ & STA~ ~p ~ L~, ~j. E~Ip. / I WITNE~ - N~ME ~ESS ~ & STATE ~p ~1~ INV~S~TION 1 ~cS ~ No- Where? IS INV~TJGATI~ 1 Te6 2 No- W~y? DATE ~ R~O~ J PHOTOS ~ - Yc~ ~- No 3 VICTOR FL STATUTE NUMBER NAME ~E OTA~N ~ MEMO CITY MANAGER'S OFROE ~ELRAY BEACH MEMORANDUM TO: David T. Harden, City Manager FROM: Alison MacGregor Harry, City Cler~ SUBJECT: FYI Items DATE: August 12, 1998 At the August llth workshop, Mr. Randolph inquired about the beach cleaning service. Our contract is with Universal Beach Service Corp. (John Peart, President). Per Amendment #1 to the contract approved by Commission on July 5, 1994, the term was for three years from 10/1/94 (or through 10/1/97), with an automatic renewal for an additional term of three years (or through 10/1/2000) upon the same terms and conditions unless terminated by either party at least 90 days prior to expiration. Also for your information, the temporary use and hold harmless agreement with A-1-A Bicycle Rentals, Inc. for the pedi-cab operation was executed on March 6, 1998, for a 6-month trial period, so it should come back to the City Commission for review in September. Please let me know if you want to schedule it for discussion at the September 8th workshop or put it to the September 15th regular meeting. If you have any questions, please let me know. Thank you. AMH/m MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # REGULAR MEETING OF OCTOBER 6, 1998 GREAT FLORIDIANS 2000 PROGRAM DATE: OCTOBER 2, 1998 Attached is information concerning the Great Floridians 2000 Program which is sponsored jointly by the Florida League of Cities and the Florida Department of State. The program seeks to recognize individuals who have made important contributions to Florida's history and culture. As part of the Florida Department of State's Historical Marker Program, special Great Floridian markers will be placed throughout the state at properties significantly associated with such persons. To be eligible for nomination, the person must have made significant contributions to the history and culture of the state during his or her lifetime, within a local, regional, statewide or national context. The nominee must be deceased and must have been a resident of Florida at the time the contributions were made, and must be associated with an existing historic building or other structure which can be marked with a plaque. Preferably, the building or structure should be at least 30 years old, located in a city's downtown and visible to both pedestrians and motorists. Municipal governments must initiate applications for official Great Floridians 2000 markers. If one or more of their nominees is selected, nominating cities will be responsible for a $175.00 payment per designee. In addition, permission must be obtained from the respective property owner to mount each plaque on the designated building or structure, and cities must take responsibility for mounting and maintaining the plaques. Provided for your consideration is a recommendation from the Delray Beach Historical Society as to potential nominees for the Great Floridians 2000 plaques. We have also been advised by Mrs. Vera Farrington, on behalf of EPOCH, that Mr. Solomon D. Spady would be their recommendation. I recommend the Commission consider nominating one or more individuals for recognition under this program, and authorize staff to prepare the application(s). ref:agmemol5 historical societg ~tember 3, 1998 Mr. David Harden, City Manager City of Delray Beach 100 NW First Avenue Delray Beach, Florida 33444 RE: Your letter dated August 20, 1998 Dear Mr. Harden: The Delray Beach Historical Society would like to recommend the following persons as nominations for the Great Floridians 2000 plaques: We are listing the name, major accomplishments and appropriate existing buildings allied to the person. Additional biographical data is attached. The Historical Society will be glad to assist with additional information and photographs, if needed, for your application. Dr. J.R. Cason Sr. founder of an accomplished Florida pioneer family as well as the Florida Methodist Childrens' Home at Enterprise. Cason United Methodist Church on Swinton was named in his honor in 1934. A plaque could be placed at Cason Cottage, Dr. & Mrs. Cason's retirement home. Miss Claribel Cason, daughter of the above, was also a long-time resident of Cason Cottage, Miss Cason was the first principal of Citrus Grove Junior High School in Miami, serving for 30 years (1924-55). As of 1955, Miss Cason was the only woman honored in the Miami Exchange Club's Book of Golden Deeds. Mr. C.H. Lauder, outstanding, innovative educator and education writer and the first principal at both the 1913 Building (Cornell Museum) and the 1925 Hi_eh School (Crest Theater) at Old School Square. Mr. Samuel Ogren Sr., Delray Beach's productive, creative first architect. Some building choices: The Crest Theater and the ~_ ~asium at Old School Square, the Arcade B~;ilding on E. Atlantic Avenue and private homes on Banker's Row. Mr. Solomon D. Spady, accomplished teacher/principal for 35 years at the Delray County Training School, later renamed Carver High School. S.D. Spady Elementary School is named for him. Appropriate building: The Spady House at 170 NW Fifth Avenue in the West Settlers Historic District. Cason Cottage Museum (Office), Five Northeast First Street · Delray Beach, FL 33444 Cornell Archives Room, Comer Atlantic & Swinton Avenues Office (561) 243-0223 · Fax (561) 243-1062 · Archives (561) 274-9578 delray beach histori(al society Page 2 of 2 Mrs. Catherine Strong, first and only woman mayor of Dekay Beach, city council member, city clerk, and community leader during the civil rights struggles of the 1950's. The Catherine E. Strong Community Center is over 30 years old. Mr. John Shaw Sundy, Delray pioneer, first Mayor in 1911, established Sundy Feed Store. One of the oldest buildings in Delray Beach is the Sundy House on South Swinton, the family home for many years. Mrs. Susan Williams, local midwife, who was representative of the pioneer African-American midwives of the Dekay Beach community. Her last home in Dekay Beach, known locally as the Susan Williams House, was built in 1935 at 30 NW Third Avenue. Sincerely, Dorothy W. Patterson Archivist cc: Gayl L. Brown, President Mary Swinford, Director Patricia Cayce, City Preservation Planner Cason Cottage Museum (Office), Five Northeast First Street · Delray Beach, FL 33444 CornellArchives Room, Comer Atlantic & Swinton Avenues Office (561) 243-0223 - Fax (561) 243-1062 · Archives (561) 274-9578 -- served as Miami city Attorney during World War I -- Hudson and Cason firm served as advisors to Dade County Board of County Commissioners. --firm. led by Senator Hudson, responsible for acquiring for City of Miami at no cost to the taxpayers the following: ..... Vizcaya, the Deering Estate ..... Orandon Park ..... land for development of Miami International Airport -- lived to the age of 103, having practiced law until he was 100 years old. V. James_L. Love,. Sr. (first reRistered pha..r, mncist in Delra_v Beach) -- Son-in-law of Dr. J.R. Cason Sr. - Bom Union County, North Carolina, December 25, 1873 - Died Delray Beach, Florida August 4, 1960 -- came to Delmy Beach as the first registered pharmacist in City. -- opened fwst drugstore in Delray Beach, Love's Drugs, 1912 - elected Mayor of Delray Beach for year 1924 (Terms were one year at that time) -- Delray Beach Municipal Judge and Postmaster also in 1924 served as Postmaster for several years -- member, Dekay Beach City Council iV'- President of a Delray Beach Bank c. 1929 I.. CiaribelMiami) Cason (first .... principal, Citrus Grove Jr, HiRh School, - daughter of Dr. J. R. Cason Sr. Bom Pine Bluff, Arkansas, January 22, 1885 died Dekay Beach, Florida July 13, 1981 -- Education Florida Southern College -- Principal of Citrus Grove Jr. high for 30 years 1924-1955 -- as of 1955 first woman to have her name in the City of Miami Exchange Club's Book of Golden deeds. VII. Ma/die Cason Ives (pioneer Dade County dairyman) - daughter of Dr. J.R. Cason Sr. -- bom Jefferson county, Arkansas, January 1, 1880 -- died Ojus, FI, August, 1945 -- one of the fa'st dairywomen in the state of Florida; she ran Ives Certified Dairy in Ojus, FL emirely by herself for many years; Ives Certified Dairy was the first certified dairy in the state of Florida and was 18. Delray's fa'st tennis court (in Dr. Roy Cason's sideyard ) The seven people responsible for the previously listed accomplishments include Dr. J.R. Cason Sr. (minister), four of his eight children, his son-in-law, and Mrs. Cason's brother. They are listed with the appropriate information as follows: /1. Dr. John Robert Cason~ Sr. (minister) / ' -- Bom Anson County, N.C., December 25,1852 i -- Died Delray Beach, FL December 31,1935 ~ -- Served as minister to First Methodist Church of Delray Beach for two years at no salary (1928-1929): church was $'enamed Cason Memorial Methodist Church in his honor in 1934. Church is now know as Cason United Methodist Church. This was Delray Beach's first church. (white) -- Chairman, Palm Beach County Board of Public Instruction between 1925 and 1930. Served as a member of the Board throughout that period. -- Municipal Judge, City of Delray Beach, 1927-1928 -- Founded the Methodist Children's Home (an orphanage) at Enterprise, FL. -- Served as a Methodist minister for over 60 years, 30 of those in Florida, having been pastor of churches in West PalmBeach, Lakeland, Miami, Orlando, and Tampa. x,, 2. Dr. John Robert Cason, Jr. (Roy) (Delray Beach's first Medical Doctor) cohere_ ( Note: Dr. Walter Branson resided in Delray briefly ~hen he died of a heart attack during the 1903 hurricane) -- Son of Dr. J.R. Cason, minister -- Bom Pine Bluff, Arkansas, April 13,1881 -- Died Delray Beach, Florida, August 29, 1936 -- Received M.D. degree form University of Arkansas -- Delray Beach's first doctor, he came in 1905 and was the only doctor between West Palm Beach and Ft. Lauderdale for some time. -- Elected Mayor of Delray Beach in 1919; member of the Delray beach City Council -- Was instrumental in acquiring municipal water and electricity for Delray Beach. S~muel O~ren Sr., Delray Beach's first architect, created the look of Delray during the Boom years of the 1920's, throughout the 1930's and beyond. His name is associated with many of Delray's most beautiful buildings still existing from the period. Delray's first architect was born in China to Swedish missionary parents in 1899. His father was killed in the Boxer Rebellion. After fleeing, China his adventurous widowed mother moved to New York City in 1907 and to Florida in 1919. The self-taught Ogren apprenticed with architects in Tampa, Orlando and West Palm Beach. While serving his apprenticeship, he created the design for 704 North Swinton, his first effort in Delray Beach. City officials were so impressed they offered Ogren the position of city architect. He went to Tallahassee, took the state examination for his architect's license and moved his family to Delray Beach. Ogren said he worked 16 to 18 hours a day during the hectic building days of the Florida Boom period--"every waking hour". Before the "Bust", Mr. Ogren had developed more than 100 buildings. At first the Mediterranean, Mission and Monterey styles dominated Ogren's work. Later, he fashioned designs in the frame and bungalow styles as well as sophisticated resorts styles using elements from France, England, Jamaica, Bermuda and Cape Cod. Solomon 1}, Spady was an accomplished principal/teacher recommended to the community by Dr. Booker T. Washington. From 1922 to 1957 "Prof' Spady was principal/teacher at the Delray County Training School, later renamed George Washington Carver High School. During his 35 years, standards and size were raised from a school with 5 teachers and 118 students offering 8 grades to a fully accredited 12-year "A" rated high school with 976 students. Carver High School at that time had the longest teacher tenure of any in the county and 36% of its graduates went on to college. Mr. Spady helped organize the Florida Chapter of the New Farmers of America and was the first official state representative at the national convention. His students were outstanding competitors in NFA national contests. He helped secure a 1 O-acre tract (now site of Carver) and organized the Palm Beach Farmers Co-operative Association which enabled local farmers to buy agricultural material by the train-load. Mr. Spady spear-headed the rebuilding of the Masonic Building after the 1928 hurricane. delray beacl historical society iew with Mr. J.S. Sunday '~~2~ Swinton Avenue and First Street --'"l~elray Beach, Florida January 18, 1937 by J.D. Peebles I came to West Palm Beach in September, 1995 from the Atllanta Exposition. My home in Cheraw, S.C. I was working for the Florida East Coast Railroad as a construction foreman. We moved to Delray on August 15, 1899. When I came here there were just two little stores, L.G. Lyman's and H.J. Sterling's. There was not a foot of rock road, no pavements anywhere. There were always a few Indians around who came in from the glades, but they never gave us any trouble. Then he goes on to praise everyone who worked to improve Delray and doesn't mention himself again. The first church services were held in the school house which was open to all denominations. After the women built the women's Improvement Hall, the services were held in that building. That was the first public building erected in Dekay. Our women have always been very public-spirited. They organized the first civic improvement organization, the women's Improvement Association. They took the lead at once in civic development going ahead in their own plans and encouraging the men with theirs. The Taylors were one of the oldest families in town. J.B. (?) Taylor was one of the foremost in Delray's progress. The family gave the lot for the building of the Episcopal Church. Etc. Cason Cottage Museum (Office), Five Northeast First Street · Delray Beach, FL 33444 CornellArchives Room, Corner Atlantic & Swinton Avenues Office (561) 243-0223 · Fax (561) 243-1062 ° Archives (561) 274-9578 I Cm£s, l c. 301 South Bronough Street $ Post Office Box 1757 · Tallahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Internet: http://fcn.state.fl.us/flc/ Dear City Official, We are proud to announce the Great Floridians 2000 Program, a joint undertaking of the Florida League of Cities and the Florida Department of State. As we approach the 21st century this is an opportunity for us to recognize the contributions of the many individuals who have helped make Florida what it is today, and to celebrate Florida and its cities at the turn of the century. The Great Floridians 2000 Program will recognize persons no longer living who have made significant contributions to the development of our cities and the progress of our state and nation. Each person selected for recognition under this program will be commemorated by a specially designed "blue plaque" affixed to a structure historically associated with the person. The goal is to recognize at least 2000 outstanding men and women. As plaques are placed on buildings throughout the cities of our state, a network will be created that personalizes the history of our downtowns and provides a symbol of our heritage to reinforce community pride in Florida. Enclosed you will find materials that describe the program in more detail and procedures to nominate Great Floridians. For further information, please contact the Florida League of Cities at 1-800-616-1513, extension 142 or 143, or the Department's Division of Historical Resources at 1-800-847-PAST (7278). Please give this exciting program your top priority. We are looking forward to an enthusiastic response from every city in Florida. Sincerely; Secretary of State President, Florida League of Cities President Samuel J. Ferreri, Mayor, Greenacres First Vice President David Rigsby, Mayor, DeLand · Second Vice President Frank Satchel, Mayor, Mulberry Executive Director Michael Sittig · General Counsel Harry Morrison, Jr. _G_ at Floridians 2000 Sponsored by the Florida League of Cities & Florida Department of State CRITERIA FOR ELIGIBILITY Introduction As we approach the year 2000, it is appropriate to recognize outstanding men and women who made significant positive contributions to the history and culture of our state, leading up to the 21st century. The Florida League of Cities and the Florida Department of State, to help celebrate the turn of the century, will dedicate a special series of markers in cities throughout the state commemorating Great Floridians. Criteria for eligibility: 1) A nominee must be deceased and must have been a resident of Florida when he/she made the contribution for which they are being recognized and 2) a nominee should be a person whose contributions to Florida are readily recognizable by the public. Effort should be made to identify people who would be known internationally, nationally, statewide, regionally, or locally (preferably in that order) and 3) there should be an historic building or structure, preferably at least 30 years old, that is associated with each nominee on which the plaque can be affixed. Such a building should be located in the city limits. If a community does not have such a place, however, no more than one plaque may be placed at the City Hall or County Courthouse, where it could be readily viewed by the public. 4) Plaques must be easily seen from a public way and must be affixed to buildings, generally at least 8 feet above street level to prevent vandalism. 5) Before a person is nominated, the consent of the owner of the property to which the plaque would be affixed must be obtained, and the owner must agree that the plaque will remain affixed to their property for at least 10 years. General Guidelines The person for whom a municipality was named can be recognized if that person was a founder of the municipality or is significant for other reasons associated with the community. Effort should be made to identify people representing different ethnic backgrounds, genders, and ages. Please send the original nomination form and original current photos, along with seven (7) copies of the nomination. Any materials submitted with a Great Floridian nomination become the property of the State of Florida, Department of State. Therefore, please do not send any materials that must be returned. Nominations must be submitted by a Florida municipality, i.e. an incorporated city, town, or village. The nominating municipalities are responsible for the cost of plaques if their nominees are selected. All plaques become the property of the State of Florida. The municipality must agree to hold the Florida League of Cities and Florida Department of State harmless from all liability and all claims for damages that may result from this program. The municipality must agree to keep the plaque in good repair and notify the Florida Department of State of any serious damage. The Florida League of Cities and the Florida Department of State reserve the right to ask for clarification of information submitted in a nomination. For questions or assistance contact: Barbara ]VIattick, Florida Department of State, Bureau of Historic Preservation, 1-800-847-7278, email: bmattick~mail.dos.state.fl.us Ann Jenkins, Florida League of Cities, 1-800-342-8112, email: ajenkins~flcities.com AGREEMENT The Municipality agrees to be responsible for the cost of an approved plaque and its general maintenance, informing the Florida Department of State of any serious damage, for at least 10 years after its placement. The Florida Department of State and the Florida League of Cities shall not assume any liability for the acts, omissions to act or negligence of the Municipality, its agents, servants or employees; nor shall the Municipality exclude liability for its own acts, omissions to act or negligence to the Department. The Municipality hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Municipality, its agents, servants or employees. The Municipality agrees to indemnify and hold the Florida Department of State and the Florida League of Cities harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Municipality, its agents, servants, or employees and shall investigate all claims at its own expense. Plaques removed from their designated sites must be returned to the Florida Department of State. Plaques must remain at the point described in the nomination and approved by the Great Floridians Committee unless written permission to move it is obtained from the Department prior to the move. Representative for the City Name and title (print or type) Signature Date Address City Zip Code Daytime phone Fax Number INSTRUCTIONS FOR COMPLETING GREAT FLORIDIANS 2000 NOMINATION FORM 1) Please type or clearly print in black ink. 2) If possible, please send a photograph or photograph of an image of the nominee (no Polaroid pictures, please). This may be used in later publications. 3) Please be sure your nomination package includes the following: Completed nomination form If available, a photograph of the nominee or a photo of an image of the nominee Current photo of associated building or site where the plaque will be placed Photocopy or duplicate of same photo marked to show where the plaque will be affixed Simple sketch plan of the site to show the relationship of the plaque site to the public way (7) copies of the entire nomination package Please note: Any materials submitted with a Great Floridians nomination become the property of the State of Florida, Department of State. Therefore, please do not send anything that must be returned. 4) Nominations will be accepted July 15- December 31, 1998. No application postmarked after December 31 st will be accepted. Submissions early in this period are encouraged. 5) Send nominations to: Great Floridians 2000, Florida League of Cities, P.O. Box 1757, Tallahassee, Florida 32302-1757 Questions? Contact: Barbara Mattick, Florida Department of State, Bureau of Historic Preservation, 1-(800)-847-7278, email: bmattick~jnail.dos.state.fl.us Ann Jenkins, Florida League of Cities 1-(800)-342-8112, email: ajenkins~flcities.com Great Floridians 2000 Nomination Form (Please type or print clearly.) 1. Name of Municipality sponsoring the nomination: 2. Great Floridian Nominee: (a.) Year of Birth Year of Death (b.) A photo or image of the nominee is enclosed ( ) not enclosed ( ). (c.) Please describe the nominee's overall contributions as a Floridian to their community, the State, the nation and/or the world. When and where were those contributions made? Was this person a Florida resident at the time of their contribution? 3. Building or Site Information: (a.) What is the name and address of the building or other property associated with the nominee that is proposed for placement of the plaque? Co.) Where on the building or property will the plaque be located? (The plaque should be placed at least 8 feet above the street level to prevent vandalism.) Provide a clear photograph of the building showing its character and appearance in relationship to the public way and the proposed plaque location (no Polaroid pictures, please). (c) What is the age of the proposed building or property to be marked? (d) How is the proposed building or property associated with the nominee? 4. Property Owner Information and Concurrence: (a.) The property is ( ) publicly ( ) privately owned. (b.) If the applicant does not own the property, the owner of record must sign the following statement indicating concurrence with the proposed placement of a plaque. I, the undersigned, am the owner of the property, or an authorized representative of the owner of the property identified under item 3a on Page Two of this nomination form, and hereby acknowledge my support for and full concurrence with this nomination and the proposed placement of the plaque. Name (print or type) Signature Date Address City State Zip Daytime phone Fax Number 5. Additional Resources: List any additional resources available for background information such as articles, books, etc. 6. Sponsoring Municipality's Agreement · agrees to pay for the Great Floridians (Name of Municipality) plaque, to maintain it for at least 10 years after its placement, and to hold the Florida Department of State and the Florida League of Cities harmless from any and all claims or liabilities. Name and Title of Chief Elected Official (type or print) Signature of Chief Elected Official ; Date Preparer of nomination Affiliated with Address Daytime Phone City State,,, Zip Fax email Contact person for nominating municipality Address Phone City Zip Fax email Send Applications to: Great Floridians 2000 Florida League of Cities P.O. Box 1757 Tallahassee, Florida 32302-1757 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM/~,~,- REGULAR MEETING OF OCTOBER 6, 1998 ORDINANCE NO. 37-98 (PSYCHIC READERS AS ACCESSORY USE IN THE CENTRAL BUSINESS DISTRICT) DATE: SEPTEMBER 30, 1998 This is second reading and the Second public hearing for Ordinance No. 37-98 which amends LDR Section 4.4.13, "Central Business District", to allow psychic readers and other similar uses as an accessory use to book stores, antique shops, gift shops, music stores, and arts and crafts shops, subject to special provisions. On July 20, 1998, the Planning and Zoning Board held a public hearing regarding a determination of similarity of use request to allow "psychic readings" in the CBD at Shining Through, a 'New Age' bookstore retail establishment located at 426 East Atlantic Avenue. There was public testimony in support of the similarity of use request. The applicant stated that the psychic readings have occurred since 1993 although an occupational license was not obtained to conduct the use. After discussion, the Board determined the similarity of use approach was not appropriate, but that the use request might be appropriate for inclusion in the code as an accessory use through a formal text amendment. Hence, staff prepared a text amendment to that effect. The Planning and Zoning Board considered the text amendment at a public hearing on August 17, 1998. There was extensive public testimony both in support of and in opposition to the amendment. After discussion, the Board voted 4 to 2 (Bird and Carbone dissenting, Schwartz absent) to recommend denial of the amendment based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [Section 4.4.13(A)], Future Land Use Element Policy C-4.1 and LDR Section 2.4.5(M) (5), that the proposal is inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. On August 19th, the DDA recommended approval of the amendment subject to replacing the language referencing rear of the store with "out of view of front windows/customer display areas" and adding "lesser of 20% or 50 sq.ft." At first reading on September 22nd, the Commission passed the ordinance by unanimous vote for the purpose of moving the item to second reading and the second public hearing. Recommend denial of Ordinance No. 37-98 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 ORDINANCE NO. 37-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD) ", SUBSECTION 4 . 4 . 13 (C) , "ACCESSORY USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOG I STS, PSYCHIC READERS, SP IRI TUALI STS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE CBD ZONE DI STRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on August 17, 1998, and voted 4 to 2 to recommend that the change not be adopted, based upon a failure to make positive findings; and WHEREAS, the City Commission of the City of Delray Beach finds that the change is not inconsistent 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 Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13 (C) , "Accessory Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when part of, or accessory to the principal use: (1) Parking Lots (2) Refuse and service areas (3) Provision of services and repair of items incidental to the principal use. FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 (4) Storage of inventory either within the same structure as where the sale of goods occur or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (7} Astroloqists, clairvoyants, fortune tellers, palmists, phrenoloqists, psychic readers, spiritualists, numeroloqists and mental healers as an accessory use to book stores, antique shops, qift shops, music stores, and arts and crafts shops, subject to the following special provisions: (a) That there be one readinq room with one psychic reader/fortune teller, etc. at an appointment; (b) That the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall, and limited to 50 sq.ft.; (c) That no siqns be permitted advertisinq the secondary use; and (d) That each psychic reader/fortune teller, etc. obtain an occupational license from both the City and Palm Beach County. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. - 2 - Ord. No. 37-98 FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 Section 4. 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 , 1998. MAYOR ATTEST: City Clerk First Reading September 22~ 1998 Second Reading - 3 - Ord. No. 37-98 FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 MEETING DATE: AUGUST 17, 1998 AGENDA ITEM: II1.1. AMENDMENT TO LDR SECTION 4.4.13(C) CENTRAL BUSINESS DISTRICT (CBD), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFTS SHOPS, MUSIC STORES, ARTS AND CRAFTS SHOPS, SUBJECT TO SPECIAL PROVISIONS. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.4.13(C) Central Business District (CBD). Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, subject to special provisions, pursuant to LDP, Section 2.4.5(M). The amendment was initiated by the Planning and Zoning Board at its meeting of July 20, 1998. Pursuant to LDR 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. "Shining Through" is a business that has been licensed since 1993 as "Merchant - Retail" at 426 E. Atlantic Avenue, which is located within the CBD (Central Business District) zoning district. The business is a retail establishment (New Age bookstore) which sells items such as books, jewelry, and music. On June 5, 1998, the owner of Shining Through submitted a request for a determination of similarity of use to allow "psychic readings" in the CBD zone district at the current business location. At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing regarding the determination of similarity of use request. There was public testimony in support of the determination of similarity of use request. While the applicant stated that the use has been in operation since 1993 in conjunction with a book store, an occupational license was not obtained to conduct the use. After further discussion, the Board determined that the similarity of use approach was not appropriate, but that the use request is recommended for inclusion to the code through a formal text P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 2 amendment. The Board suggested that it may be appropriate to allow the use as an accessory use to shops, such as book stores and gift shops and recommended that a text amendment be prepared to that effect. The text amendment is now before the Board for action. At the same meeting the Board held a public hearing regarding an amendment to the Land Development Regulations"to allow psychic readers as a permitted use in the GC (General Commercial) zone district subject to certain Iocational restrictions. The text amendment was being processed due to the lack of clarity in the code regarding the appropriate locations for psychic readers and similar types of operations. Also, the City acknowledged that the use must be permitted within the City and therefore established guidelines and criteria to allow such uses. The Board recommended approval of the text amendment. On August 4, 1998, the City Commission approved the text amendment on second and final reading. LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed LDR text amendment is to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, subject to the following special provisions: that there be one reading room with only one psychic reader/fortune teller etc. at an appointment; that the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall, and limited to 50 sq.ft.; that no signs be permitted advertising the secondary use; and that each psychic reader/fortune teller etc. obtain an occupational license from both the City and Palm Beach County. The size and Iocational limitations on reading rooms and the restriction on signage are provided to insure that the use remains an accessory use. Consideration was given to determining the size of the reading room based upon a percentage to the total floor area of the store, however, this could result in large reading rooms which could act as a primary use. The requirement regarding occupational licensing is to insure that each psychic reader/fortune teller, etc. is appropriately licensed. CBD (CENTRAL BUSINESS DISTRICT. PURPOSE AND INTENT).: With regard to the appropriateness of the use within the CBD, LDR Section 4.4.13(A) (CBD Zone District - Purpose and Intent), states that "the Central Business District zone district is established to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 3 stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD district is consistent with and implements, in part, Objective C-4 of the Future Land Use Element of the Comprehensive Plan." The CBD is clearly a very special place within the City. It has been at the core of the City's redevelopment efforts, from which the Citywide renaissance has spread. Through careful regulation of u§es and development standards, and the expenditure of millions of public dollars in beautification and traffic circulation improvements, the City has recovered from the blight and economic stagnation of a decade ago. The mix and character of uses permitted within the district must be carefully considered in order to be consistent with the on going revitalization efforts in the downtown. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective and policy are noted. Future Land Use Element Ob_iective C-4 - The Central Business District (CBD) represents the essence of Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in South Florida". The following policies and activities shall be pursued in the achievement of this objective. Future L~lnd Use Element Policy C-4.1 - The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: · deletion of inappropriate uses · incentives for locating retail on the ground floor with office and residential use on the upper floors · accommodating parking needs through innovative actions · incentives for dinner theaters, playhouses, and other family oriented activities · allowing and facilitating outdoor cafes · incentives for mixed use development and rehabilitations · elimination of side yard setback requirements · allow structural overhang encroachments into required yard areas. As stated above, the CBD regulations shall facilitate and encourage rehabilitation and revitalization through the "deletion of inappropriate uses" within the District. Also, the City has invested in the downtown through streetscape and parking improvements, to' encourage quality developments, uses and private investment in the downtown. The uses allowed in the CBD are more specialized than those permitted in other commercial zoning districts in the City. The intent is to provide a cultural and business environment which also offers services for residents of the district and tourists. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 4 VVhile the text amendment is to be applied only to the CBD, it would open the door to similarity of use determinations and future amendment requests to broaden the scope to other zoning districts. There is no reason why the proposed accessory use would not then be allowed in the other general commercial and mixed use zoning districts [GC (General Commercial), PC (Planned Commercial), and OSSHAD (Old School Square Historic Arts District)]. The intent of the text amendment adopted on August 4th , which permits the use in certain geographical areas of the GC, was to direct these types of uses to areas which are considered to be the most appropriate. The use was specifically excluded from redevelopment areas as the City is encouraging economic stimulation and revitalization of these areas. Also, the use was excluded from the CBD as a permitted use as Comprehensive Plan policies regarding the City's Central Business District (CBD) refer to the need to have an appropriate mix of uses as part of an economic development strategy. The types of businesses desired for these areas are those which will generate significant job growth and pedestrian traffic, and which will complement other uses within the area (i.e. restaurants, retail, office). It was identified that the mix and character of uses permitted within the district must be carefully considered in order to be consistent with the on going revitalization efforts in the downtown. Other commercial districts were considered by staff during the preparation of the amendment but were subsequently rejected. The PC (Planned Commercial) zone allows many of the same uses as the GC district, however, it is intended to be applied to large sites which are to be developed in a coordinated, well-planned fashion, and which generally involve much larger tenants than the typical psychic reading business. If the Board determines that the use is appropriate as an accessory use in the CBD, there is no reason why the use should not be allowed within the PC zone district. For that matter it may be difficult to argue why it could not be allowed as an accessory use in the redevelopment areas zoned GC district. If the Board determines that the Citywide implications may be too great, the Board should recommend denial of the text amendment. By denying the request, the action would not be unconstitutional, as it is permitted in the GC zone district in certain geographical areas and will have been handled in a manner similar to other first amendment uses such as churches and adult entertainment establishments. Churches are only allowed as a conditional use in residential and community facilities zoning districts, and pursuant to a proposed text amendment adult entertainment establishments will be allowed as a Conditional Use in the Mixed Industrial and Commercial zoning district. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 5 Community_ Redevelopment Agency: At its meeting of August 13, 1998, the CRA Board reviewed and recommended denial of the determination of similarity of use. The consensus of the Board was that the use is inappropriate for the Central Business District. Downtown Development Authority_: This item has been scheduled for the August 19th DDA meeting. Their recommendation will be forwarded to the City Commission. Courtesy Notices: A special courtesy notice was provided to the following civic and homeowner's associations: · Beach Properties Association · Chamber of Commerce · Delray Merchants Association · Progressive Residents of Delray (PROD) · President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. A. Continue with Direction. B. Recommend to the City Commission approval of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, and the associated special provisions, based upon positive findings with LDR Section 2.4.5(M). C. Recommend to the City Commission denial of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory. Use~ ~,nd Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, and arts and crafts P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 6 shops, and the associated special provisions, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. Recommend to the City Commission denial of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, arts and crafts shops, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. Attachment: Proposed Ordinance Section 4.4.13 Central Business District (CBD): (C) Accessory_ Uses and Structures Permitted: The following uses are allowed when part of, or accessory to the principal use: (1) Parking Lots (2) Refuse and service areas (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occur or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) a single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (Add the following) (7) Astrologists. clairvoyants, fortune tellers, palmists. phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory USe t~ book stores, antique shops, gifts shops, music stores, and arts and crafts shops, sub.iect to the following special provisions: .a_.)_ That there be one reading room with one psychic reader/fortune teller etc. at an appointment: b_)_That the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall. and limited to 50 se.ff.: ~ That no signs be permitted advertising the secondary_ use: and. d) That each l~sychic reader/fortune teller etc. obtain an occupational license from both the City. and Palm Beach County_. FORM 8B MEM_0.RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~AME O~ · ~11 I~(i ~1111~1~ 1 It[ EI~RD, ('OUN('II,. ('OM MI~ION. AU1 HORII~ OR COMMI1] EE Oh · 'HICH I ~ERVE I~ A t'~ll OF: ~AME OF ~I.ITI~AL ~UDIVI~ION: WHO MUST FILE FORM 8B This form is for usc by an.~' person sen lng al the county, oil); or other local In'el of go~'ernmem on an appointed or elecled board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented ~'ith a toting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR OOMPUANOE WITH SECTION t12.3143, FLORIDA STATUTES ELECTED oFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by ~'hom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b)' publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; one WITHIN 1:~ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minmes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or olher local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of · principal (other than · government agency) by whom he is re~ained. A person holding an appointb,~e local office o~herwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO 'MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~ecording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. ~ · The form should be read publicly at the meeting prior to consideration of the matter in which you have a Conflict of interest'. 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · Yo~ should complete ~he form and file it ~,ithin I~ days after the vote occurs with the person responsible for.recording the minu~es of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inurcd to my special pri~ate gain; or ~. inured to ,he special gain of ~'~ ~'/~' ~ '~ , by ~'hom I am retaine~. (b) The measure before my agency and the nature of my interest in the measure is as follows: / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. CE FORM lib - I.~1 PAGE 2 ^wo THRU: DIANE DOMINGUEZ, DIRECTOR~~, DEPARTMENT OF P~NNING AND ZON,NG SENIOR P~NNER -I ~ SUBJECT: MEETING OF OCTOBER 6, 1998 SEACRESTIDEL-IDA PARK NEIGHBORHOOD REZONINGS The Seacrest/Del-lda Park Neighborhood Plan was adopted by the City Commission on March 3, 1998. The Neighborhood Plan included many recommendations aimed at the elimination of the problems associated with small lot duplex and multiple family development within the neighborhood. One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del- Ida Park Historic District, be limited to single-family detached housing. Although most of the neighborhood is zoned for single family development, duplex and multiple family units are currently allowed in several areas. The proposed rezonings for these areas will implement the recommendations identified in the Neighborhood Plan. "pLANN!NG ND ZONI~NG BOARD CONSIDER-ATION : The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of June 15, 1998. Two property owners with duplexes in the area inquired if the duplexes would be allowed to remain. They were told that the duplexes could continue as non-conforming uses as long as they did not cease for 180 days. Two neighborhood residents, including the president of the Seacrest Homeowners Association spoke in favor of the FLUM amendments and rezonings. There was extensive discussion by the P & Z Board regarding the effect of the downzoning on the neighborhood by the creation of non-conforming uses. One consideration centered on the ability to rebuild the non-conforming structures should they be destroyed pursuant to LDR Section 1.3.8, Reconstruction Necessitated by An Act of God. The concern was that if the destruction were deemed not be an "Act of God", the duplexes and multifamily structures could not be rebuilt, thereby creating a hardship for the property owners. Two Board members also felt that creating non- conforming uses would create a disincentive to improve the properties. /o. : City Commission Documentation SeacrestJDel-lda Park Neighborhood Rezonings Page 2 The Board recommended denial of the FLUM Amendments and rezonings by a vote of 5to 2. Staff Comments These rezonings are an important part of the adopted neighborhood plan for the area and are necessary to bring stability to the neighborhood. The goal of the Neighborhood Plan is to gradually replace the duplex and multi-family uses in this area with detached single-family homes, consistent with the surrounding neighborhood. In order to encourage new single-family development and redevelopment in the neighborhood, investors must have confidence in the area as .a single family neighborhood. To accomplish this, we must take the first step to insure that no additional duplexes or multi-family structures are constructed in the neighborhood. In response to the issues regarding the creation of non-conforming uses, it must be remembered that all of the multi-family structures and most of the duplexes are already non-conforming with respect to density, lot size, lot area or unit size. As such, these structures are already subject to the provisions of LDR Article 1.3, Nonconformina Uses~ Lots and Structures. If one of these structures were destroyed by something other than an "Act of God", it could not be re-constructed now. Therefore, for most of the structures to be rezoned, this is a non-issue. It should also be noted that the proposed amendment and rezoning relating to the area on NE 22nd Street, are consistent with the existing single family uses and do not create non-conforming uses. By motion, approve on first reading the ordinance for the rezonings from RL (Multiple Family Residential- Low Density) to R-1-A (Single Family Residential) and R-l-AA (Single Family Residential) and the rezonings from RM (Multiple Family Residential- Medium Density) to R-1-A (Single Family Residential), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. It should be noted that the recommended action differs from that of the Planning and Zoning Board. Attachments: · P&Z Staff Report · Letter from property owner ORDINANCE NO. 41-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, AND FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN PURSUANT TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED BETWEEN SEACREST BOULEVARD AND DIXIE HIGHWAY AND BETWEEN GEORGE BUSH BOULEVARD AND ATLANTIC HIGH SCHOOL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Seacrest/Del-Ida Park Neighborhood Plan was adopted by the City Commission on March 3, 1998; and WHEREAS, one recommendation contained in the Seacrest/Del-Ida Park Neighborhood Plan is that all new residential development or redevelopment within the neighborhood, except in the Del-Ida Park Historic District, be limited to single family detached housing; and WHEREAS, at its meeting of June 15, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered the proposed rezonings at a public hearing and voted 5 to 2 to recommend denial; and WHEREAS, the City Commission, acting in its legislative capacity, desires to initiate the rezonings as set forth herein for numerous lots and blocks under various ownerships within the Seacrest/Del-Ida Park Neighborhood Plan area, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classifications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-l-AA (Single Family Residential) District from RL (Multiple Family Residential - Low Density) District for the following described property: The East 1/2 of South 1/4 of Northeast 1/4 of Southwest 1/4 of Southwest 1/4 of Section 4, Township 46 South, Range 43 East. The subject property is identified as Area C on the map attached hereto and made a part hereof; containing 1.13 acres, more or less. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential) District from RM (Multiple Family Residential - Medium Density) District for the following described property: Lots 1 to 15, inclusive, Block 11 of Seacrest Park, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 24, Page 33, of the Public Records of Palm Beach County, Florida. The subject property is identified as Area D on the map attached hereto and made a part hereof; containing 3.1 acres, more or less. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential) District from RM (Multiple Family Residential - Medium Density) District for the following described property: The part of Lot 38 lying east of N.E. 3rd Avenue and west of FEC RY, LESS Northerly 141.56 feet, subdivision of Section 9, Township 46 South, Range 43 East; refer to Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; and Lots 102 to 115, inclusive, and the part of Lot 116 lying north of Lake Avenue, Plumosa Park Section A, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 23, Page 68, of the Public Records of Palm Beach County, Florida. - 2 - Ord. No. 41-98 The subject property is identified as Area E on the map attached hereto and made a part hereof; containing 5.5 acres, more or less. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential) District from RL (Multiple Family Residential - Low Density) District for the following described property: All of Blocks 1, 4, 5, 8, 9 and Lots 4-12, inclusive, Block 12, Dell Park, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 8, Page 56, of the Public Records of Palm Beach County, Florida; and Lot 12, Plumosa Park Section A, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 23, Page 68, of the Public Records of Palm Beach County, Florida. The subject property is identified as Area F on the map attached hereto and made a part hereof; containing 26.08 acres, more or less. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sections 1, 2, 3 and 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 24-98 which adopts Comprehensive Plan Amendment 98-1, under which an official land use designation of LD (Low Density Residential 0-5 du/acre) is affixed to the subject parcels hereinabove described in furtherance of the Seacrest/Del-Ida Park Neighborhood Plan. - 3 - Ord. No. 41-98 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 41-98 To whom it may be o~ interest: Bureaucrats are always building cmstl=s._ Every t~me we mm_~ =s =~ new . or ordinance we chip away a little more o~ our ~reedom. Consider this scenario. The city o~ Delray is very near' to passing an ordinance which will legal'zs e a plan concocted by city planners and a group o~ ~orty or ~i~ty citizens who purport to represent the entire population o~ an area called the Seacrest neighborhood (5000 people?). The plan includes the purchase o~ land to serve as parking lots to take the place o~ parking spaces to be deleted ~n ~ront o~ each homeowners property. It includes the removal o~ existing paving and will result in each homeowner having one parking spot. I~ a homeowner throws a party and guests park on his ~ront !awn he will become a criminal. I suspect he will be guilty o~ a misdemeanor. I expect his guests will get parking tickets. I have just illustrated one scenario. Lets try another. How many o~ you readers would willingly leave your car parked in a lot hai~ a block away ~rom your home, unprotected ~rom theft or vandalism. you have two or three cars you will get or ~ace at least a traffic ticket ~or il!eg~i parking. Would you agree that i~ I took mone'y ~rom you that I would be restricting your ~reedom to the extent o~ what ~reedom that money would buy? Weii who do you think wi!l-pay ~or these parl~ing lots? To my knowledge none o~ the Seacrest Homeowners members or city planners have volunteered. Rather they are proposing taxes and ~ees. I ~ind it hard to'believe that the Homeowners Association deliberately decided to throw away their own ~reedoms along with mine. I strongly object to being told I may not park on my lawn. But we seem to keep doing this sort o~ thing every time someone says "we ought to have a law". My ~irst reaction to this pian was positive until I had time to think about it. Sure the area'will be prettier because the planners will have the power to ~orce,us to plant, hedges and trees. But just once I would like to be le~t to my own devices to decide i~ I could a~ord the cost o~ landscaping ~ whether I ~as physically capable, whether I wanted the bother o~ trimming or even i~ I wanted hedges on my property? Isn't my pride enough? Or is it my property anymore? This is another whistle in the wind o~ the ~uture. Beacrest is just the ~irst neighborhood. Believe me others will ~o!!ow i~ this one passes. Am I alone in worrying about my ~reedoms or are there others who are getting angry at these condolike restrictions? Was Orwe!l worrying about the wrong branch o~ government? Should his "1984" have been about local socialism7 Why are we being treated as IO year olds too inexperienced to make our own decisions? I am angry! Are you? William ~. He~strom RECEIV S EP 2 1998 PLANNING AND ZONING BOARD CITY OF DELi;bAY BEACH ---STAFF REPORT--- MEETING DATE: June 15, 1998 AGENDA ITEMS: IV.A. 1. Future Land Use Map Amendments from TRN (Transitional) to LD (Low Density Residential, 0-5 units/acre) in par[, and from MD (Medium Density Residential, 5-12 units/acre) to LD (Low Density Residential, 0-5 units/acre) in par[, in Conjunction with the Implementation of the Seacrest/Del-lda Park Neighborhood Plan, Generally Located Between Seacrest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High 1.a. Associated Rezonings from RL (Multiple Family ResidentiaPLow Density) to R-I-~ (Single Family Residential)in pa~, from RM (Multiple Family Residential-Medium Densi~) to R-1-A (Single Family Residential) in pa~, and from RL (Multiple Family Residential-Low Densi~) to R-1-A (Single Family Residential) in Conjunction with the Implementation of the SeacresffDel-lda Neiahbo~ood Plan, Generally Located Be~een Seacrest Boulevard and Dixie Highway and Be~een George Bush GENE L DATA: Owner .............................................. Various Applican~Applicant ................... Ci~ of Delray Beach, David Harden, Ci~ Manager Location ........................................... Be~een Seacrest Boulevard and Dixie Highway and Be~een George School. F.LU.M.D.s~gnabon ....................... T~nsitional & Medium Densi~ (5-12 units/asre) Proposed F.L.U.M. Designation ...... Low Densi~ (0-5 units/acre) Current Zoning ................................. RL (Multiple Family Residential-Low Densi~) & RM (Multiple Family Proposed Zoning ............................. R-I-~ (Single Family Residential) & R-1-A (Single Family Residential) Adjacent Zoning ..................... No~h: CF (Communi~ Facilities) & R-I-~ ~ ~0 (ResMenti~l (Neighborhood Commercial) Existin~ Land Use ........................... SeacresCDet-lda Neighborhood Rezonings related with the imptementation of the Seacres~Del- Ida Park Neighborhood Plan. Sewer Sewice ................................. n/a. Water Se~ice .................................. n/a. IV.A. 1. & IV.A.I.: J ... ITEM BEFORE THE BOARD J The action before the Board is that of making a recommendation on proposed Future Land Use (FLUM) Amendments and Rezonings associated with the adopted Seacrest/Del-lda Park Neighborhood Plan. The Future land Use Map Amendments involve the following areas (See attached Map. Legal descriptions for each area are contained in Appendix A): [] Area A: Future Land Use Map Amendment from TRN (Transitional) to LD (Low Density Residential 0-5 du/acre)-7 parcels (by ownership), located east of Seacrest Boulevard, north of NE 22nd Street. Area A contains a total of 3.23 acres. [] Area B: Future land Use Map Amendment from MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre)-35 parcels (by ownership), located north of NE 14th Street (Lake Avenue), between NE 3rd Avenue and the FEC Railroad. Area B contains a total of 9.05 acres. The proposed rezonings involve the following areas (See attached Map. Legal descriptions for each area are contained in Appendix A): [] Area C: Rezoning from RL (Multiple Family - Low Density) to R-l-AA (Single Family Residential)-2 parcels (by ownership) on NE 22 Street, east of Seacrest Boulevard. Area C contains a total of 1.13 acres. This area is contained within "Area A" above. [] Area D: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- -A (Single Family Residential)-14 parcels (by ownership) north of Plumosa Elementary School, between NE 3rd Avenue and the FEC Railroad. Area D contains a total of 3.1 acres. This area is contained within "Area B" above. [] Area E: Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- A (Single Family Residential)-20 parcels (by ownership) north of NE 14th Street (Lake Avenue), between NE 3rd Avenue and the FEC Railroad. Area E contains a total of 5.5 acres. This area is contained within "Area B" above. [] Area F: Rezoning from RL (Multiple Family- Low Density) to R-1-A (Single Family Residential)-134 parcels (by ownership) east of Seacrest Boulevard between George Bush Boulevard and NE 14th Street. Area F contains a total of 26.08 acres. This area does not require a FLUM amendment. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. Planning and Zoning Staff Repod FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 2 The "Residential Neighborhood Categorization Map," contained in the Housing Element of the City's Comprehensive Plan, delineates neighborhoods throughout the City according to the prevailing condition of private property. The main objective of the categorization is to identify the level of need in each neighborhood. Specific strategies and programs and the degree to which these programs are implemented will depend upon this level of need. The Seacrest/Del-lda Park Neighborhood is currently categorized as follows: Revitalization - Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. Policy 5.5 of the Housing Element of the Comprehensive Plan requires the preparation of a Neighborhood Plan for areas within this category. The Seacrest/Del-lda Park Neighborhood Plan has been completed and was adopted by the City Commission at its meeting of March 3, 1998. The Neighborhood Plan included many recommendations aimed at the elimination of the problems associated with small lot duplex and multiple family development within the neighborhood. One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del-Ida Park Historic District, be limited to single-family detached housing. Although most of the neighborhood is zoned for single family development, duplex and multiple family units are currently allowed in several areas. The proposed FLUM Amendments and Rezonings for these areas will implement the recommendations identified in the Neighborhood Plan. Other programs aimed at improving the physical appearance and secudty of the neighborhood are also included in the Plan. Capital improvements will be funded through a partnership of the City, the CRA and the property owners. It is anticipated that traffic calming, streetscape and other improvements to the public spaces within the neighborhood will encourage additional private investment in the area. A strong sense of community spirit and neighborhood pdde is already emerging as is evidenced by the high level of public participation in the neighborhood planning process. Ii ..ii~,: i;:-~i:i~;~i: F U TU RE L A N D US'EM A:P A:M E ND M :E N T:AN AL ¥ S"IS!:! ;i ~ i iiiiiii,:ii I REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: 1~ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 3 and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. The policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed FLUM amendments and associated rezonings will fulfill Housing Element Policy A-5.5, stated as follows:. Housing Element Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority of these plans is as follows: · Seacrest/Del-lda · Allen/Eastview/Lake Avenues (to be addressed in the North Federal Plan) · Osceola Park · Delray Shores The adopted Seacrest/Del-lda Park Neighborhood Plan addressed all the issues included in this policy including the appropriateness of existing land use and zoning classifications. The FLUM amendments and concurrent rezonings being considered at this time are proposed to fulfill the provisions of the plan. Thus, this policy is furthered by the proposed amendments and a positive finding can be made. I~ Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. r3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendments and rezonings will eliminate the potential for additional multiple family and duplex development on the subject properties. This decreases the overall potential density as well as the potential demand for services and facilities. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 4 O Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. A description of each of the areas to be changed is as follows: · Area A - TRN (Transitional) to LD (Low Density Residential 0-5 du/acre) The subject area is surrounded on the east ~and south by single family homes, on the north by Atlantic High School and on the west by neighborhood commercial. This area is a part of the residential neighborhood and is developing accordingly. Of the 7 ownership parcels, four contain single family homes (1 also contains a beauty salon), two are undeveloped and one is an access tract. The two undeveloped parcels are surrounded on three sides by single family homes and are zoned R-l-AA (Single Family). When these two parcels are developed pursuant to the existing zoning, the area will consists entirely of single family homes. The proposed FLUM designation of LD is contiguous to the LD designation to the south and is compatible with the existing and future land uses of the surrounding area. · Area B - MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) The subject area is located between NE 3rd Avenue and the FEC Railroad, between NE 14th Street (Lake Avenue) and Atlantic High School. The area to the west consists of an elementary school and single family homes zoned-R-I- AA. Six of the ownership parcels in the subject area also contain single family homes. The Neighborhood Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. The proposed FLUM designation of LD is contiguous to the LD designation to the west and is compatible with the existing and future land uses of the surrounding area. Q Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. LDR {Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 5 materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zone district and the zoning district must be consistent with the Future Land Use Map designation. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Neighborhood Plan for the area. The proposed FLUM amendments will assign a Future Land Use Map designation of Low Density and the proposed rezonings to R-l-AA and R-1-A (Single Family) are consistent with this FLUM designation. Although many of the existing land uses will be made non- conforming, the direction of the Plan is to phase out these uses and promote infill with uses which are consistent with the new FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. Concurrency and Comprehensive Plan Consistency were discussed above. As previously stated, a detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. : i :i~ '.:~! ZONING~ANALYSIS ~. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2,4.5(D)(5) for the Rezonings shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 6 Section 3.3.2 (Standards for Rezoninq Actions): Standards A, B and C are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility of land uses within the Seacrest Del-Ida Neighborhood was a primary concern in preparation of the neighborhood plan. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. Additionally, 45% of the subject properties contain detached single family residences. A description of each of the areas to be rezoned is as follows: Area C - Rezoninq of 2 parcels from RL to R-l-AA. These two parcels, located on NE 22 Street, are the only properties in the area zoned RL. They are surrounded on three sides by owner-occupied (93%) detached single family homes zoned R-l-AA and by a Iow intensity commercial business (Dance Conservatory) on the west side zoned NC (Neighborhood Commercial). The residential density of the surrounding area is 5.0 du/acre with an average lot size of 8,712 sq. feet. Both of the subject parcels currently contain single family homes and one of the parcels also contains a hair salon business. The existing density on these two large parcels is only 1.76 units per acre. _ Areas D and E - Rezoninq of 34 parcels from RM to R-'I-A. These parcels are located between NE 3r~ Avenue and the FEC Railroad, north of NE 14th Street (Lake Avenue). Single-family zoning (R-l-AA) exists west of this area and 6 parcels to be rezoned are currently developed as single family homes. The area also contains 20 duplexes and 4 multi-family structures which will become non-conforming uses. The Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. Area F - Rezoninq of 134 parcels from RL to R-1-A. These parcels are located east of NE 2nd Avenue (Seacrest Boulevard), between George Bush Boulevard and NE 14th Street. Single Family zoning (R-l-AA) exists north and west of the area and RO (Residential Office) zoning consisting primarily of medical offices is located immediately to the south. The area contains a mix of single-family homes, duplexes and multi-family structures, with a total of 68 detached single family homes, 69 duplexes (138 units) and 31 multi- family units. The duplex and multi-family units will become non-conforming uses. The Plan calls for this area to be stabilized through eventual phasing out of Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 7 duplex and multi-family structures and their replacement with single family homes. Given the above, these rezonings will help to promote compatibility throughout the entire Seacrest/Del-lda Park neighborhood. Section 2.4.5(D)(5) (Rezoninq Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The Comprehensive Plan identified the neighborhood as needing "revitalization" and directed the City to take measures to prevent further decline and to help-the neighborhood toward a classification of "stabilization" or "stable." This is to be achieved through the implementation of a "neighborhood plan". The City Commission adopted the Seacrest/Del-lda Park Neighborhood Plan at its meeting of March 3, 1998. With the adoption of the plan, a vision was established for the future development of the area. The proposed rezonings are required to implement the provisions and vision of the adopted plan. In order to implement the adopted neighborhood plan, FLUM designations for the area are being amended as directed in the plan. The proposed zoning districts are of similar intensity to the new FLUM designations and will be more appropriate than the existing zonings, based on the direction of the community and the adopted plan. The appropriateness of the zonings in the area was a fundamental concern during the review of the neighborhood plan. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 8 No development proposals have been received for the subject properties. Any proposed development will be subject to the provisions of the new zoning districts. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. Since the proposed rezonings will affect the land developments regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. RL to R-l-AA. The existing single family homes on the two parcels to be rezoned will remain conforming uses in the proposed zoning district. Although the minimum lot size for single family development will increase from 7,500 sq. ft. to 9,500 sq. ft., and the minimum lot dimensions will increase, both parcels exceed the new standards and will also remain conforming lots. Although one parcel also has a business located on site, the use is non-conforming and will remain so with the proposed rezoning. b. RM to R-1-A. This area contains a private school, a daycare center, 6 single family homes, 4 multiple family structures, 20 duplexes, and 2 vacant lots. The school and daycare center are permitted as conditional uses and the development standards for them will remain unchanged. The development standards for the single family homes will also remain unchanged. All of the duplex and multiple family structures will become non-conforming uses. It is important to note however that 16 of the 20 duplexes are currently non-conforming with respect to unit size and all four multiple family structures are non-conforming with respect to density. Although the maximum density in the RM district is 12 du/acre, these four buildings each have a density ef 40 du/acre. c. RL to R-f-A. This area contains a mix of single-family homes, duplexes and multi-family structures. The development standards for the single family homes will remain unchanged. The 4 multiple family structures and 59 duplex parcels will become non-conforming uses. All of the multi-family development within the area is currently non-conforming with respect to density. Within the RL zone (3-6 du/acre), these multi- family buildings have densities between 19 and 27 du/acre. Of the 59 duplex parcels within the area, 56 (95%) are non-conforming with respect to one or more of the following standards: lot size (i.e. less than 8,000 sq. ft.), lot width (i.e. less than 60 ft. wide) or unit size (i.e. less than 1,000 sq. ft.). The multiple family structures which become non-conforming uses as a result of the proposed rezonings will be allowed to continue even if ownership changes as long as the use does not cease for 180 days. If such a use is destroyed by a disaster, it is allowed to be rebuilt to the same density if the permit is applied for within one year and the structure is completed within three years. Overall, the development of duplex and multi-family units on small lots within the neighborhood has created the appearance of over-crowding on many streets. This is best evidenced by the excessive number of parked cars in these areas. Most of these Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 9 uses are deficient with respect to number of parking spaces and/or parking lot design. Where adequate spaces do not exist in off-street parking lots or immediately in front of these uses, parking has spilled onto front yards and into the swales of adjacent single- family development. Back-out parking onto adjacent roadways is the typical parking arrangement for duplex development within the neighborhood. In most cases, the number of spaces are maximized with the entire roadway frontage covered in asphalt without the benefit of landscaped breaks between spaces. This degrades the appearance of the area, affects drainage and encourages speeding. Although the proposed rezonings will not eliminate all of these problems, they will prevent additional units for being constructed or the conversion of single family homes to duplexes. Additionally, most of the affected structures are at least 30 years old. Age, obsolescence and poor maintenance have taken their toll on many of the duplex and multiple family structures in the area. As these buildings approach the end of their useful life, they will have to be replaced with single-family homes. ::i..~:i~.:~-ii~i!;!~ ',::~i .:i.:~!i:~ilREVI.EW BY OTHERS ~i ..i i~ The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment A_aencv: At its meeting of May 22, 1998, the Community Redevelopment Agency reviewed the proposal and recommended approval for the FLUM Amendments and Rezonings. Ad|acent Municipalities: - Notice of the proposed amendments has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [] Seacrest Homeowners Association [] Del-Ida Park Homeowners Association [] Lake Ida Homeowners Association [] PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to the owners of all properties subject to the FLUM and zoning changes as well as to property owners within a 500' radius of the subject properties. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 10 ' ' : ASSESSMENT AND CONCLUSION The proposed FLUM Amendments and Rezonings are recommended in the adopted Seacrest/Del-lda Park Neighborhood Plan, which was adopted to meet the provisions of Housing Element Policy A-5.5 of the Comprehensive Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. I :-~' !' ALT~ERNA:T'IVE: ACTIO. NS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendments to the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, Recommend to the City Commission approval of the rezonings of the subject parcels, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. :' !:?. i!!' :,~i!iiii: :'~ R'.E .CIO: M M:EN :D ED~i!!!A :C T IO N :?!:ii;ii; ;! 1. Recommend to the City Commission approval of the proposed FLUM Amendments from: Q TRN (Transitional) to LD (Low Density Residential 0-5 du/acre), for the parcels within "Area A" identified in Appendix A; and, MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) for the parcels within "Area B" identified in Appendix A; Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 11 based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: Rezoning from RL (Multiple Family - Low Density) to R-l-AA (Single Family Residential) for the parcels in "Area C" identified in Appendix A; Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- -A (Single Family Residential) for the parcels in "Area D" identified in Appendix A; ID Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- A (Single Family Residential) for the parcels in "Area E" identified in Appendix A; and, ID Rezoning from RL (Multiple Family - Low Density) to R-1-A (Single Family Residential) for the parcels in "Area F" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: ID Proposed Future Land Use Map Amendments ID Proposed Rezonings ID Appendix A Report prepared by: Ron Hoqqard, Senior Planner Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 12 I APPENDIX A I FLUM AREA A: THE E 316.9 FT OF N ~ OF S ¼ OF NE 1/, OF SW 1/~ OF SW ¼; THE E 195 FT OF W 350 FT OF N ¼ OF S ¼ OF NE ¼ OF SW ¼ OF SW ¼ / LESS N 30 FT/; THE N 30 FT OF E 310 FT OF W 350 FT OF S ~ OF NE ¼ OF SW ¼ OF SW 1/,; AND, THE E ~ OF S ¼ OF NE ¼ OF SW 1/, OF SW ¼, OF SECTION 4, TOWNSHIP 46S, RANGE 43E. FLUM AREA B: THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA C: THE E ~ OF S ¼ OF NE ¼ OF SW ¼ OF SW ¼ OF SECTION 4, TOWNSHIP 46S, RANGE 43E. REZONING AREA D: LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA E: THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY/ LESS NLY 141.56 FT, SUBDIVISION OF SECTION 9, TOWNSHIP 465, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 13 LOTS 102 TO 115, INCLUSIVE, AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUM©SA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA F: ALL OF BLOCKS 1,4, 5, 8, 9, AND LOTS 4-12 INCLUSIVE, BLOCK 12, DELL PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOT 12, PLUMOSA PARK, SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. N SEACREST/DEL-IDA NEIGHBORHOOD PROPOSED .... ~ _ - r u ~UR,.._ LAND Uq:' MAP AIvIENDMENTS - ~,i,'T'Y, Or D""LRA¥ BEASt., rL PLANNIN: ~ ZONINC D-~:~A~.TM, ENT (~) .-'"ROM: TRANSITIONAL 'TO: LOW DENS?TM (~) :'ROM: M--DIUM D--N$1TY TO: LOW DENSITY MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMkNAGER~ SUBJECT: AGENDA ITEM # /O~ REGULAR MEETING OF OCTOBER 6, 1998 ORDINANCE NO. 35-98 (REZONING FOR DELRAY KAWASAKI) DATE: OCTOBER 1, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 35-98 which rezones the old Miller Dodge/Dee Car Patio Factory Outlet site from SAD (Special Activities District) to AC (Automotive Commercial) District for Delray Kawasaki. The development proposal includes conversion of the existing building to accommodate the retail sales, display, storage and repair of motorcycles, jet skis, boats, all terrain vehicles, and upgrading of the existing parking area to accommodate 73 parking spaces with installation of associated landscaping, and refuse storage areas. The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees. The rezoning request is accompanied by a conditional use request to establish an associated full service vehicle repair facility on the site and is scheduled for consideration subsequent to final action on Ordinance No. 35-98. On August 17, 1998, the Planning and Zoning Board approved a determination of similarity of use to allow the sale of personal watercraft (waverunners, jet skis) as a permitted use in the AC zone district. Also on August 17th, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There were two members of the public who spoke in opposition to the proposal and there was no public testimony in support of the request. After discussion, the Board voted 5 to 0 (Carbone stepped down; Schwartz absent) to recommend the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). At first reading on September 15, 1998, the Commission passed the ordinance by a vote of 4 to 0 (Mr. Schmidt abstained). Recommend approval of Ordinance No. 35-98 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. ref: agmemol4 /~J~i~ ~-~ FORM 8B MEM_0.RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~,.~1 N,-N~t I IR~1%NMI MIl)Ill 1%~Mi: I NAME OF klOARD. C(JUNCII.. ('OM MIg%lOl~i, ALt1HORI'I Y. (JR t'OMMIlq EE IM,~II I%(; -~,1)1 RI.~.% I 'IUF 1~3ARD,(~'O% N('II..('OM I.'~10, '. AI~I HORII'S/OR COMMIllEE ON ! WHO MUST FILE FORM 8B This form is for use b.x' an.x' person scr~ lng at the ¢ounly. city, or other local les'el of go~ernmen.t on an appointed or elected board. council, commission, authorit)', or committee. It applies ecluall~' to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced ~'ith a measure in which you have a conflict of interest will vary greatly depending on whether you hold an ele~ive or appointive position. For this reason, please pay close attention to the instructions on this form before completing the res'erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count),, municipal, or other local public office .%lUST ABSTAIN from voting on a measure ~'hich inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b.x. publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holdin~ an appointive local office mherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO 'MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for tecoMing the minutes of the. meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of' the agency. · The form should be read publicly at the meeting prior to consideration of' the matter in which you have a cOnflict of interest: c~ ~O~M ~e- ,4~ pact IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Yo~u should disclose orally the nature of your conflicl in the measure before parlicipaling, You shOuld complete the form and file it Within IS days af[cr thc vole occurs with lhe person responsible for.recording the minutes of lhe meeling, who should incorporate the form in the minutes. DISCLOSURE OF LOC)AL OFFICER'S INTEREST (a) A measure came or wiU come before my agency which (check one) ~ inured lo my special pri~ate gain; or (b) The measure before my agency and ~he nature of my imeres~ in the measure is as follows: Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. CE FORM #B - 1,41 P~GE 2 ORDINANCE NO. 35-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 120 FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of August 17, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Begin at the intersection of the North line of Lot 38 of Model Land Company Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of-way line of Old Dixie Highway, said point of intersection being 30 feet easterly, measured at right angles, from the East 50 foot right-of-way line of the Florida East Coast Railroad, being the Point of Beginning; thence southerly, along the East right-of-way line of Old Dixie Highway, a distance of 326.61 feet; thence in an easterly direction and parallel to the South line of Lot 38, a distance of 231.05 feet more or less, to the West right-of-way line of U.S. Highway No. 1 (State Road No. 5); thence in a northerly direction, along said West right-of-way line, a distance of 327.16 feet, mcre or less, to the said North line of Lot 38; t~ence in a westerly direction along the North line of said Lot 38, a distance of 231.20 feet, more or less, to the Point of Beginning, said tract being iL Palm Beach County, Florida. T~e subject property is located on the west side of N¢.rth Federal Highway, approximately 120 feet north of Allen Avenue; containing 1.73 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of October , 1998. ATTEST: ~ity-Cl~rk ' t First Reading September 15, 1998 Second Reading October 6, 1998 - 2 - Ord. No. 35-98 A OUA CRE5 T POOL -[~,-~0¢00~ , FOOT~ALL I , -- R-l-AA ', VOL vo ' DELRA Y 201H SWAP SHOP // PLU~OSA SCHOOL N. [. 16T8 · - REZONING - N DELRAY KAWASAKI DEALERSHIP ~ FROM: SAD (S~ECIAL A~TIVITIES D~STRICT) 7S': AC (A~OMOTIV~ COMMERCIAL) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: IlI.G. ITEM: Rezoning From SAD (Special Activities District) to AC (Automotive Commercial) for Delray Kawasaki Dealership, Located on the West Side of North Federal Highway, Approximately 120 North of Allen Avenue (Formerly Dee Car Patio Factory Outlet/Miller Dodge Site). GENERAL DATA: Owner/Applicant ............. Dee Car Realty, Ltd. Agent .............................. Roy M. Simon, AIA Location .......................... West Side of North Federal Highway, Approximately 120 North of Allen Avenue. Property Size .................. 1.73 Acres Future Land Use Map ..... General Commercial Current Zoning ...............SAD (Special Activities District) Proposed Zoning ............ AC (Automotive Commercial) Adjacent Zoning .... North: GC (General Commercial) East: RM (Medium Density Residential) South: GC West: CF (Community Facilities) & RM Existing Land Use ..........Existing building formedy used for commercial and light industrial uses. Proposed Land Use ........ Rezoning to accommodate the relocation of the existing Delray Kawasaki Dealership to the site for the sales and repair of motorcycles, personal watercrafts, all terrain vehicles and small boats, with associated parking and landscaping. Water Service ................. Existing on site. Sewer Service ................ .... ~ on site. III.G. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from SAD (Special Activities District) to AC (Automotive Commercial) for Delray Kawasaki, pursuant to LDR Section 2.4.5(D). The subject property is located on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. ........................ · :................. ............................ ....~.~.,.;......~.;.~.;, ....~..-.,.-.-...-..... ....... ......,...;... ........................................................ ....... ,................ ................................... ...........,., - .~ The subject property consists of two unplatted parcels bordered on the west by Dixie -, Highway and on the east by Federal Highway. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site, which was located partially in the City and partially in unincorporated Palm Beach County. The use was nonconforming under the City's GO (General Commercial) zoning district. In early 1985, the unincorporated portion of the property was annexed into the City and the entire site was rezoned to 80 (Specialized Commercial). In December of 1988, Miller Dodge vacated the premises. With the Oitywide rezoning and adoption of the Land Development Regulations in 1990, the prope~¥ was rezoned from 8C to AC. In April of 1991 conditional use approval was granted for the establishment of an auto repair facility (JBA Motorcars, Inc.). This facility was a full service vehicle repair operation that would specialize in the modification of foreign cars to meet U.8. emissions standards. In April of 1992, 8PRAB approved a site plan for the facility, which proposed facade alterations and the installation of a new parking lot and associated landscaping. The site plan approval was subject to a number of conditions, two of which (dedication of 10' along Dixie Highway and the requirement to install Type "D" curbing around landscaped areas) were appealed to the City Commission by the applicant. The City Commission voted to deny the appeal. The owner of JBA Motorcars, who had a contract to purchase the properly, proceeded with the renovation ....... of' the' structures. A dispute arose with the property owner, and the 'contract was terminated. At its meeting of January 23, 1996, the City Commission approved rezoning of the property from AC (Automotive Commercial) to SAD (Special Activities District) for a period of 3 years (1/23/99). The SAD designation allowed both GC and AC uses to occupy the site with the exception of certain limitations on the sale of used cars. A sketch plan accompanied the submission, outlined initial improvements to the site which have been implemented. The SAD zoning allowed the contract purchaser (owner of the property to the north, patio furniture sales and refinishing operation) to redevelop the site by extending their existing building south onto the subject property, building a new retail/commercial center, or seeking an unrelated tenant. However, their objective P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 2 was to expand the refinishing aspects of their existing business into the buildings on the south side of the subject property (old Miller Dodge property). In order to expand the patio business onto the site, a rezoning to GC was required. Perimeter landscaping was installed and improvements made to the building in 1996. The proposal is to change the zoning designation of the property from SAD to AC to establish the sale of motorcycles, all terrain vehicles, personal watercraft (waverunners, jet skis), and small boats for Delray Kawasaki. A Conditional Use request and similarity of use are being processed separately to establish an associated repair facility, and to allow personal watercraft sales. The development proposal includes conversion of the existing building to accommodate the retail sales, display, storage and repair of motorcycles, jet skis, boats, all terrain vehicles, and upgrading of the existing parking area to accommodate 73 parking spaces with installation of associated landscaping, and refuse storage areas. The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees. This rezoning request is accompanied by a conditional use request to establish an associated full service vehicle repair facility on the site [ref. LDR Section 4.4.10(D)(7)], and a determination of similarity of use request to determine the sale of personal watercraft (waverunners, jet skis) is similar to sale of boats. The Conditional Use and determination of similarity of use requests are being processed separately. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP; The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject properly has a General Commercial Future Land Use Map designation and is currently zoned SAD (Special Activities District). The proposed AC (Automotive Commercial) zoning is consistent with the General Commercial Future Land Use Map P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 3 designation. Pursuant to the LDR Section 4.4.10(B)(3),(4) and (6), within the AC zone district, the sale, lease, or rental of boats, all terrain vehicles (ATVs), and motorcycles is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY; Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: ~ Water service currently exists to the site via a service lateral connection to the existing 2" water main that runs along Dixie Highway. There is also a 12" water main along the east side of Federal Highway and a 12" main which runs along the south side of the abutting property to the north. In order to provide adequate fire protection for the site and area, an 8" water main must be extended along the west side of Federal Highway from the 12" main to the south property line, with installation of a fire hydrant at the southern most driveway. This item must be further addressed with the site plan submittal. t~1 Sewer service exists via a service lateral connection to the existing 6" main along Dixie Highway. The proposed development will accommodate uses of similar intensity as the currently approved uses which will have similar water consumption and sewer generation rates. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaae: With a rezoning request drainage plans are not required. The site is pdmadly paved with an existing structure on the south side of the property. The rezoning will not negatively impact this existing situation. Currently the center of the site is the highest point of the property and the drainage sheet flows to the east and west into swale areas and rights-of-ways. The swale areas were installed as part of the required landscaping required with the SAD approval. With the site plan submittal, documentation must be provided by a registered engineer stating that the existing swale areas accommodate the drainage for the site and comply with South Florida Water Management District criteria. A South Florida permit will be required as part of the site plan approval process. Should redesign be required there are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 4 Traffic; The uses allowed under the existing SAD zoning include uses allowed in the GC and AC zone districts. The proposed zoning is of similar intensity, therefore a potential increase in traffic is not anticipated from the rezoning action itself. As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a traffic impact study is required. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting traffic concurrency and the associated level of service standards. Parks and Re(;:reation; Park dedication requirements apply to residential uses and therefore do not apply to the existing SAD zoning district or the proposed AC zoning district. Solid Waste: Trash generated each year by the proposed use (sales and repair of motorcycles, boats, personal watercraft, jet skis, all terrain vehicles) under the proposed AC zone district will be equal to or less than that generated by the commercial uses allowed under the existing SAD zoning which included both vehicle sales and higher trash generating uses like general commercial uses. The development of the property under the AC zone district should not create an adverse impact on this level of service standard. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policies are noted. Future Land Use Element Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns, in order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 5 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2) Automobile dealerships shall not locate and/or expand in the following areas: r3 Within the CBD zone district; El West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; El East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; El On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: El North of George Bush Boulevard, between Federal and Dixie Highways; El East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; E! South of Linton Boulevard, between Federal and Dixie Highways; El Between the one-way pairs (Federal Highway), from S.E. 3rd Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; El On the north side of Linton Boulevard, between 1-95 and S.W. t0th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. If the rezoning is approved, the subject property will be developed as a motorcycle, personal watercraft, boat and all terrain vehicle dealership. It is noted however, that as the property contains over 1.5 acres (1.73 acres), the property can be developed as a full service automobile dealership. The proposed repair facilities will be operated as an accessory use to the dealership. The site is located along Federal Highway, north of George Bush Boulevard, which is the geographical area which permits automobile dealership type uses. Thus, the proposal is not within a restrictive geographical area identified above, and is therefore consistent with this Policy. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 6 Future Land Use Element Policy C-1.4 - in summary the North Federal Highway Corridor is designated as a blighted area. This policy calls for the preparation of a corridor improvement program that will, among other objectives, promote the improved appearance of the area, provide for economic stimulation and investment in the area, create jobs, stabilize and preserve residential neighborhoods through new development, redevelopment and the elimination of blight, and identifies appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks. The subject property incorporates a portion of the Community Redevelopment Agency's (CRA) sub-area #5, identified in the CRA Plan. Preparation of the corridor plan described in the policy is underway. The SAD approval of 1996, was temporary in order to stimulate pdvate investment in upgrading the property's appearance which is consistent with the above referenced policy. Some improvements have been installed (perimeter landscaping, painting of the building), however, rezoning and establishment of a new use will require upgrading of the entire property (landscaping, lighting, parking, curbing, etc.) to current standards. As a precursor to this plan, the North Federal Highway Overlay District was adopted in 1996 which provided an industrial overlay allowing industrial uses along Dixie Highway in addition to commercial uses to encourage investment in and redevelopment of the corridor. Upgrading of this site will achieve this objective. The development proposal will provide economic stimulation and investment in the area and result in the redevelopment of a property which has not been well maintained for many years. The proposed development will assist in the stabilization of the existing neighborhoods to the east and west, and should be an inducement to redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the Community Redevelopment Agency's North Federal Highway Improvement Program and was supported by the CRA at its meeting of July 23, 1998. Trans.oortation Element Table T-4 (Right of Way Dedication~) Federal Highway: According to the County's Thoroughfare Map and the City's Comprehensive Plan, the ultimate right-of-way for Federal Highway is 120 feet, and only 100' exists. Technically, a right-of-way dedication of 10' should be provided along Federal Highway. The Department of Transportation has installed improvements along this segment of North Federal Highway which included resurfacing, a reduction in median cuts, and provision of bikeways. These improvements were accommodated in the existing 100' right-of-way. The widening of North Federal Highway is not included in any of the County's improvement programs, nor has it been seriously contemplated. In light of this, it would be acceptable at this time to require that the applicant reserve rather than P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 7 dedicate the right-of-way. Reserving the right-of-way means the property will be available to the State if needed for future widening. With the SAD approval of 1996, the reservation was required and has not yet been provided. Dixie Highway: The ultimate right-of-way width for Dixie Highway was 80'. In 1992, the County remanded maintenance responsibility for the road to the City and the City reduced the required right-of-way to 50'. Presently, only 30' of right-of-way exists along the subject property. Additionally, part of the Dixie Highway pavement encroaches into the FEC right-of-way to the west. in order to ensure that the minimum right-of-way is available for this road section, if removed from the FEC right-of-way, a 20' dedication is required. However, reduction to a 10' dedication is supported as the building at the southwest corner of the site encroaches into this 20' area. This dedication was previously required with the SAD approval of January 23, 1996, however the right-of- way deed was not provided. By accommodating the 10' right-of-way dedication, the vehicular use area at the southwest corner of the site will be impacted. In order to utilize this area until such time the right-of-way is needed, the property owner should submit an alternative design showing pavement modification and required landscaping, and should enter into an agreement with the City to implement these improvements if modification of Dixie Highway is implemented in the future. Trans.oortation Element Policy A-6.2 - The approval of a modification to an existing site and development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. The proposal attempts to reduce the driveway widths to comply with the above policy. LDR Section 6.1.4 states that the driveways must be 24' wide, including the driveway at the southwest corner of the site, and the driveway at the northwest comer must be set back 5' from the north property line. The driveways will need to be reduced and modified to comply with LDR Section 6.1.4. Future Land Use Element Ob_iective A-1 - Property' shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property contains an existing building on the south side of the property and asphalt surface on the balance. The proposal is to upgrade the existing paved area and improve the appearance of the building. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposal. The improvements will help make the site complementary to the surrounding commercial and residential developments. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 8 Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed AC zoning is not considered strip commercial zoning. The site contains 1.73 acres and is to be developed as a full service motorcycle, personal watercraft, A'I'V, and boat dealership. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is bordered by the following zoning designations and uses: ~ Zoning Uses North GC Del Sol Patio Factory West CF and RM Vacant site for future water storage tank; duplexes South GC Arrow Trailer Park East RM Kokomo Key townhouse development There are no major compatibility concerns with the surrounding uses to the north, south and east. The AC zoning allows uses that are similar in intensity to other uses in this section of North Federal Highway. Rezoning the site to allow for its redevelopment will enhance adjacent uses. Compatibility will be further addressed with the conditional use request, and site and development plan review. Compatibility to the west is a concern as 6 service bays exist at the southwest comer of the property which face the residential properties to the west. The west side of the property must be heavily landscaped to screen the repair component from the properties to the west and some restrictions on utilization of specific repair bays (ones directly visible at the driveway) are proposed with the associated Conditional Use request. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 9 Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; -' c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: 'The current SAD zoning which allows AC (Automotive Commercial) and GC (General Commercial) uses will expire in 1999. Prior to its expiration, the applicant wishes to designates A C zoning as a standard zoning classification on the site to allow for the relocation of Delray Kawasaki which is currently a non- conforming use at its present location. This request is of similar intensity for which the property is currently zoned and as is allowed under the Future Land Use Map. The requested zoning would promote the redevelopment of the North Federal Highway corridor by providing a highly successful dealership to relocate to an area which uses are more compatible to the surrounding neighborhood." Comment; The basis for which the rezoning is being sought most closely relates to Item "b". The SAD approval of 1996 contained a sunset clause, that the zoning be terminated after 3 years (1/23/99), which is only 5 months away. Now that a permanent ..... tenant wishes to occupy the property, a conventional zoning designation consistent with the proposed use should be applied. The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation and is more appropriate given the above circumstances. Given the appearance of the property as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 10 Automotive Commercial Development Standards [LDR Section 4.4.10(F)1 Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks, shall be conducted on a lot which has the following minimum dimensions and area: a) Frontage: 125' b) Width: 125' c) Depth: 200' d) Area: 1.5 Acres As the proposal is to establish a dealership, the above code section is applicable. The property has 327.16' of frontage and width, 231.20' of depth (average), and 1.73 acres, "thus exceeding the minimum site dimensions and area of the AC zone district. With the required right-of-way dedication and reservation, the overall property size will exceed 1.5 acres. In addition to the above, the AC zone district has special requirements regarding outdoor display areas, lighting, use and operating restrictions, parking areas, and location of service areas as they relate to residential property. Redevelopment of the site must comply with these requirements or relief to specific requirements sought. During the associated sketch plan review, many LDR items have been identified and the related comments transmitted to the applicant. Those requirements or requests for relief will be considered during the site development plan process. .._._Special L~ndscape Setback Pursuant to LDR Section 4.3.4(H)(6)(b), along Federal Highway, properties with a depth between 200' and 250' must provide a 15' landscape setback, from the ultimate right-of- way line of Federal Highway. As previously stated, a 10' right-of-way dedication is required along Federal Highway. Thus, the landscape setback must be 15' from the ultimate fight-of-way line, or 25' total while only 15' is provided. :::;:::::~::~;:;:;5:;:~:~;:::~:;~;:;:~:;~:~:~;:;~:~:~;::::~;~;:~:~:;~;:;;;~:5,;:;~:~;~;:;:::;~;~;;~:~::;~;~;:;:;~;~::~:;~:~:~:~;~;~;~:~:~:~;:~:~;~;;~:;~:~;~;~;:~;~:;~:~:~;i~:;~:~;~:~:~:~;:;~:~:~ ';:;;;;;:;:;':' ':;:;:::'>;';'::;;;':::::';:;::':':':';:': >:' >'';;;:;:;''';';:;:;:;:;;;:;'';:;:;;;;;:;:;:;;;'' ~;;:~:;;;';;:';::: :~;:;:::;';:;'';::';';:;:;:;';';:;:;';'> ;:°';' ;<';';';':';';';';':';';';' >;';';';<':'>;';';';';';';':':' The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community_ Redevelopment A_oenc¥ At its meeting of July 23, 1998, the CRA reviewed and recommended approval of the rezoning request. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 11 Ad_iacent Municipalities Notice of the rezoning has been provided to the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [3 La Hacienda Homeowners Association [3 Palm Trail Homeowners Association [3 North Palm Trail Homeowners Association [3 Seacrest Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from SAD (Special Activities District) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Improvement Program as it will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a blighted property which has not been well maintained for many years. Positive findings are made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC which will allow the dealership as a permitted use under the AC zoning district. A. Continue with direction. B. Recommend approval of the rezoning request from SAD to AC for Deiray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from SAD to AC for Delray Kawasaki, based upon a failure to make positive findings with respect to LDR P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 12 Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. Recommend to the City Commission approval of the rezoning from SAD to AC for Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: Location/Zoning Map Boundary Survey This Staff Report was prepared by: Jeff Costello. Senior Planner t - '~-'"'.-~ I .C. -- NORTH LIN~ 0~' LOT 38, MO0~I L4N~ C~P~NY SUBD/V~ON ~ ~e '~' I OF SECTION 9. TOWNSHIP 46 SOUTH. R~NG& 4J EASt /// 'I "-t' /II~1~? I I I Ii I ~ /~,/ ! l-"" '~ q / ~1,~1 /~',/ g~ ~ I t · ~,IL'l~ ii I ~ t .. _~. , ~ I ~' !1~11 ,, -/-" t 1 ..,...~ ~.1~'1 · ~ ,' F'::;' ..~.. .... .,, ,. J:::'::J~'// .... TO: DAVID T. HARDEN, CITY MANAGER i'~ ' (-~ FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE~~ SUBJECT: MEETING OF OCTOBER 6, '1998 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A FULL SERVICE VEHICLE REPAIR FACILITY AT DELRAY KAWASAKI DEALERSHIP, LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY '150' NORTH OF ALLEN AVENUE. The conditional use request to establish a vehicle repair facility is associated the sales of motorcycles, all terrain vehicles, personal watercraft (waverunners, jet skis) and small boats for Delray Kawasaki. The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees. A detailed description of the project and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of August 17, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the proposal. After some discussion, the Board voted 5-0 (Carbone abstained, Schwartz absent) to recommend to the City Commission approval of the conditional use request for a full service vehicle repair facility for Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan modification be submitted which addresses the "Technical Items" attached in the staff report; 2. That the repair function only be allowed as an accessory use to the dealership and limited to like items sold at the dealership; 3. That the hours of operation for the repair functions be limited to 8:00 a.m. and 6:00 p.m., Monday through Saturday; 4. That the repair function be limited to the 6 bays at the southwest corner of the building identified on the attached sketch plan (3 bays facing Dixie Highway and 3 interior to the site), and that the balance of the bay doors be maintained in a closed position; 5. That the driveways be reduced and modified to comply with LDR Sections 6.1.4 and 4.6.9;That within the landscape area along the west side of the 3 service bays facing Dixie Highway, a hedge 4.5' high at the time of planting (to be maintained at 6') be installed along with trees every 20'; 6.The a minimum of 4 spaces be designated for vehicle drop-off; and, 7.That no items be repaired or inspected outside. .... ..~.~: ~ ~:~ ~ ~,~ ,~,~,~= :~:~ ...... ~,~. By motion, approve the Conditional Use request to establish a full service vehicle repair facility for Delray Kawasaki, subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment:: P & Z Staff Report and Documentation of August 17, 1998 /(~. (~. /'. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: III.H. ITEM: Conditional Use Request to Establish a Full Service Vehicle Repair Facility for Delray Kawasaki Dealership, Located on the West Side of North Federal Highway, Approximately 120 Feet North of Allen Avenue (Formerly Dee Car Patio Factory Outlet/Miller Dodge Site). GENERAL DATA: Owner/Applicant ............. Dee Car Realty, Ltd. Agent .............................. Roy M. Simon, AIA Location .......................... West Side of North Federal Highway, Approximately 120 Feet North of Allen Avenue Property Size .................. 1.73 Acres Future Land Use Map ..... General Commercial Current Zoning ...............SAD (Special Activities District) Adjacent Zoning .... North: GC (General Commercial) East: RM (Medium Density Residential) South: GC West: CF (Community Facilities) & RM Existing Land Use ..........Existing building formerly used for commercial and light industrial uses. Proposed Land Use ........ Conditional Use Request to allow full service repair of motorcycles, personal watercrafts, boats and all terrain vehicles for Delray Kawasaki Dealership, along with site improvements including associated parking and landscaping. Water Service ................. Existing on site. Sewer Service ................Existing on site. III.H. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a full service vehicle repair facility at Delray Kawasaki, pursuant to Section 2.4.5(E). The subject property is located on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. The subject property consists of two unplatted parcels bordered on the west by Dixie Highway and on the east by Federal Highway, and contains 1.73 acres. A request to rezone the parcels from SAD (Special Activities District) to AC (Automotive Commercial) is being processed concurrently with the Conditional Use request, and is discussed in a separate staff report. Additional background regarding the parcels is discussed in the rezoning staff report. If the Rezoning and Conditional Use requests are approved, a site and development plan to establish the Delray Kawasaki dealership (sales and repairs of motorcycles, small boats, all terrain vehicles, personal watercraft) will follow. The conditional use request to establish a vehicle repair facility is associated the sales of motorcycles, all terrain vehicles, personal watercraft (waverunners, jet skis) and small boats for Delray Kawasaki. The development proposal includes the following: Conversion of the existing 14,980 sq.ft, building to accommodate the retail sales, display, storage and repair of motorcycles, personal watercraft, boats, all terrain vehicles, and accessories; Establish a 6-bay vehicle repair component at the southwest corner of the building; Upgrade the existing parking area to accommodate 73 parking spaces, installation of a loading area on the north side of the building; installation of associated landscaping, and refuse storage areas. The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 2 be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. With the rezoning action, positive findings were made with respect to Concurrency and Comprehensive Plan Consistency. Future Land Use Map, and Compliance with Land Development Regulations are discussed below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map designation and is currently zoned SAD (Special Activities District). The proposed AC (Automotive Commercial) zoning district is consistent with the General Commercial Future Land Use Map designation. The proposal is to establish a dealership (motorcycles, boats, personal watercraft and ATVs), which is a permitted use within the AC zone district [ref. LDR Section 4.4.10(B)(3),(4) and (6)], with an accessory use of vehicle repair. As the vehicle repair is not associated with a full service automobile dealership, it is not a permitted accessory use. However, pursuant to LDR Section 4.4.10(D)(7), full service vehicle repair facilities are allowed as a Conditional Use within the AC zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Positive findings with respect to Water, Sewer, Drainage, Parks and Recreation is made in the associated rezoning staff report. Traffic Concurrency and Solid Waste are discussed below. Traffic: The 14,980 sq. ft. dealership and associated repair component should generate approximately 400 average daily trips onto the surrounding roadway network. Thero is adequate capacity on Federal Highway and the surrounding roadway network to accommodate the additional trips. With the submittal of a site plan application, a traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Based upon the above, a positive finding can be made with respect to traffic concurrency. P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 3 Solid Waste: Trash generated each year by the proposed use (sales and repair of motorcycles, boats, personal watercraft, all terrain vehicles) will be 9.2 pounds per square foot per year. Thus, the 14,980 sq.ft, facility will generate 68.9 tons per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2) Automobile dealerships shall not locate and/or expand in the following areas: El Within the CBD zone district; El West side of Southbound Federal Highway between George Bush Boulevard and S.E. l0th Street; I~1 East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; ~ On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 4 [] North of George Bush Boulevard, between Federal and Dixie Highways; E3 East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; rq South of Linton Boulevard, between Federal and Dixie Highways; [] Between the one-way pairs (Federal Highway), from S.E. 3rd Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; E3 On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. If the rezoning is approved, the subject property will be redeveloped as a dealership for motorcycles, personal watercraft, boats and all terrain vehicles. Repair facilities are allowed in conjunction with an auto dealership. However, as this is not an auto dealership, but a motorcycle, A'I-V, boat and personal watercraft dealership a conditional use is being sought. The intent of the LDR to allow repair as accessory is allow repair on connection with the primary use. As this is the intent with this request it is appropriate to recommend approval. To assure the repair is limited to repair of items sold as part of the primary business, the Conditional Use approval should so state. Transportation Element Policy A-6.2 - The approval of a modification to an existing site and development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. The proposal attempts to reduce the driveway width to comply with the above Policy, however, full compliance has not been met. The driveways must be reduced to 24' wide, including the driveway at the southwest corner of the site. The driveway at the northwest corner must be set back 5' from the north property line. A condition of approval is that the driveways be reduced and modified to comply with LDR Sections 6.1.4 and 4.6.9. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 5 The property is bordered by the following zoning designations and uses: Direction. Zoning Uses North GC Del Sol Patio Factory West CF and RM Vacant site for future water storage tank; duplexes South GC Arrow Trailer Park East RM Kokomo Key townhouse development The proposal is to provide a 6-bay repair facility at the southwest corner of the building. There are some compatibility concerns with the proposed repair facility and the residential uses to the west (Seacrest Neighborhood), across Dixie Highway and the FEC railroad. A neighborhood plan for the Seacrest area has been recently adopted. LDR Section 4.4.10(G)(4) allows the repair component when it is not within 100' of residentially zoned property. Overhead doors are permitted to face these areas when existing. While the repair aspect exceeds the minimum 100' distance from residentially zoned property, the six existing overhead doors face the properties to the west. This is an existing situation which would require major alterations to correct. In order to mitigate visual impacts, within the landscape area on the west side of the property adjacent to the service bays, a landscape buffer must be installed which includes trees every 20 feet along with a hedge to be 4.5' high at the time of planting and to be maintained at 6' in height. Further, the doors (3) which are adjacent the driveway and therefore unscreened should be closed and utilized for deliveries only. The building abuts the Arrow Trailer Park to the south. Along the south property line between the building and the property line a solid barrier (wood fence, or wall) should be installed. The repair component must be limited to the 6 bays identified on the attached sketch plan, limited to the items sold at the dealership, must be only allowed as an accessory use to the dealership, and limited to the operating hours of 8:00 a.m. to 6:00 p.m.. Provided the above mitigation measures and restrictions are imposed, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan modification submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the "Technical Items" were identified which are attached as an Exhibit. Most of the items relate to site plan issues. These items have been transmitted to the applicant and will need to be addressed with the site plan modification submittal. The following regulations relate to the proposed repair facility. P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 6 Automotive Commercial Development Standards [LDR Section 4.4.10(F)] Pursuant to LDR Section 4.4.10(G)(4)(a), repair facilities and paint body shops shall be located at least 100' from any residentially-zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. This code section was briefly discussed under the Conditional Use Findings section of this report. The repair component will be located within 8 bays at the southwest corner of the building. The repair aspect is set back 152' from the residentially zoned properties to the west (Seacrest neighborhood), and 257' from the residentially zoned property to the east (Kokomo Key townhouses). There are 6 existing overhead doors on the west elevation which face the residentially-zoned property and Dixie Highway. The northern 3 overhead doors will be utilized for storage or deliveries and are to be closed the majority of the time, while the southern 3 doors will be used for the repair operation and will be open during business hours. These bays will be screened from view through the installation of a landscape buffer along the west side of the property. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority)and HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of July 23, 1998, the CRA reviewed and recommended approval of the rezoning request. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must address the concerns raised through the conditional use petition, and address the listed "Technical Items" (Exhibit A). Adjacent Municipalities Notice of the conditional use has been provided to the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 7 Q La Hacienda Homeowners Association ~1 Palm Trail Homeowners Association D North Palm Trail Homeowners Association D Seacrest Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use for Delray Kawasaki to allow a service facility is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. The "Technical Items" will be addressed with the site plan modification submittal. Also, positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the service bays are adequately screened for public rights-of-way and adjacent properties, and limitations regarding their operation are imposed, and the repair function is limited to items sold at the dealership. 1. Continue with direction. 2. Recommend approval of the conditional use request for a full service vehicle repair facility for Delray Kawasaki based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for a full service vehicle repair facility for Delray Kawasaki based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for a full service vehicle repair facility for Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 8 1. That a site plan modification be submitted which addresses the "Technical Items" attached in the staff report; 2. That the repair function only be allowed as an accessory use to the dealership and limited to the items sold at the dealership; 3. That the hours of operation for the repair functions be limited to 8:00 a.m. and 6:00 p.m., Monday through Saturday; 4. That the repair function be limited to the 6 bays at the southwest corner of the building identified on the attached sketch plan (3 bays facing Dixie Highway and 3 interior to the site), and that the balance of the bay doors be maintained in a closed position; 5. That the driveways be reduced and modified to comply with LDR Sections 6.1.4 and 4.6.9. 6. That within the landscape area along the west side of the 3 service bays facing Dixie Highway, a hedge 4.5' high at the time of planting (to be maintained at 6') be installed along with trees every 20'. Attachments: E~ Exhibit A ~ Sketch Plan Report prepared by: Jeff Costello, Senior Planner P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 9 1. TransPortation Element Table T-4 (Right of Way Dedications): Federal Highway: According to the County's Thoroughfare Map and the City's Comprehensive Plan, the ultimate right-of-way for Federal Highway is 120 feet, and only 100' exists. Technically, a right-of-way dedication of 10' should be provided along Federal Highway. The Department of Transportation has installed improvements along this segment of North Federal Highway which included resurfacing, a reduction in median cuts, and provision of bikeways. These improvements were accommodated in the existing 100' right-of-way. The widening of North Federal Highway is not included in any of the County's improvement programs, nor has it been seriously contemplated. In light of this, it would be acceptable at this time to require that the applicant reserve rather than dedicate the right-of-way. Reserving the right-of-way means the property will be available to the State if needed for future widening. With the SAD approval of 1996, the reservation was required and has not yet been provided. Dixie Highway: The ultimate right-of-way width for Dixie Highway was 80'. In 1992, the County remanded maintenance responsibility for the road to the City and the City reduced the required right-of-way to 50'. Presently, only 30' of right-of-way exists along the subject property. Additionally, part of the Dixie Highway pavement encroaches into the FEC right-of-way to the west. In order to ensure that the minimum right-of-way is available for this road section, if removed from the FEC right-of-way, a 20' dedication is required. However, reduction to a 10' dedication is supported as the building at the southwest corner of the site encroaches into this 20' area. This dedication was previously required with the SAD approval of January 23, 1996, however the right-of-way deed was not provided. By accommodating the 10' right-of-way dedication, the vehicular use area at the southwest corner of the site will be impacted. In order to utilized this area until such time the right-of-way is needed, the property owner should submit an alternative design for this area showing pavement modification and required landscaping and should enter into an agreement with the City to implement these improvements if modification of Dixie Highway is required. 2. Pursuant to LDR Section 4.4.10(G)(5)(a) and (b) (Use and Operating Restrictions): (a) - except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycles and recreation vehicles, no other outdoor sales or display of any materials, products, or goods shall be permitted. No industrial equipment shall be sold, leased, rented, or otherwise stored within the AC district. However, wherever reasonably possible as determined by the City, trucks other than pickup trucks, vans, and jeeps shall be P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 10 displayed in areas which are separated from a street by an outdoor display area for other permitted vehicles, customer or employee parking areas or buildings. Based upon the above, the boats cannot be displayed outside. In order to allow some display of boats, the existing canopy area on the east side of the building could be enclosed, or relief from this section must be obtained from the City Commission. (b) - no vehicles shall be parked with its hood or trunk open, nor elevated in any way. As the existing canopy area is elevated, it cannot be used as display area unless this area is totally enclosed (there is no restriction on display in the building), or relief is obtained from the City Commission. 3. Pursuant to 4.4.10(G)(1)(b), the display area must be separated from all residential zoning districts, whether or not separated by a street or alley, by a 6' high, solid masonry wall with decorative finished surfaces (e.g. stuccoed and capped) on both sides. Where the display is separated from residential zoning districts by an arterial or collector right-of-way, or under other singular circumstances, the wall may be waived by SPRAB concurrent with the site plan approval action. The site is bordered by residential zoning to the east and west. As Federal Highway (east) is an arterial and the property is separated from the residential property to the west by the FEC railroad and Dixie Highway, the applicant should submit a request to waive this requirement at the time of site plan submittal. 4. Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along Federal Highway, a single frontage lot with a depth, between 201' and 250' requires a 15' wide landscape setback. As a 10' right-of-way reservation is required, the landscape setback must be measured from the ultimate right-of-way line. This will require provision of an additional 10' of landscaping along the Federal Highway frontage. In addition to the above, pursuant to LDR Section 4.4.10(G)(1)(c)(2), the Site Plan Review and Appearance Board may waive or reduce the special landscape setback provision on existing sites or for additions to existing sites where it can be demonstrated that it is not feasible to comply due to physical constraints on the site. If relief is granted a minimum 10' landscape strip must be provided from the ultimate right-of-way line, which is consistent with LDR Section 4.4.10(G)(1)(d), which requires a 10' landscape area adjacent to residential property. 5. Pursuant to the Florida Accessibility Code for Building Construction, parking lots containing between 51 and 75 parking spaces require 3 handicap parking spaces while 2 have been provided. 6. Pursuant to LDR Section 4.3.4(K), a minimum of 25% of open space is required and 20.5% has been provided. With the necessary revisions to accommodate additional internal and perimeter landscape strips, the amount of open space should increase. P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 11 The plans must be revised to accommodate 25% open space or relief requested pursuant to LDR Section 4.4.10(H)(5). 7. Site lighting must be provided in compliance with LDR Section 4.4.10(G)(6) (Lighting Restrictions). The lighting locations and fixture details must be provided on the plans as well as the illumination requirements outlined in the above code section. The light poles cannot exceed 25' in height to the top of the fixture and a photometric plan is required to ensure compliance. The existing light poles must be modified to comply with this code section. 8. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along Dixie Highway. Presently there are no sidewalks along the east or west sides of Dixie Highway. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will not serve its intended purpose the requirement for the sidewalks may be waived during site plan or plat approval. 9. Pursuant to LDR Section 4.6.16(H)(3)(k), whenever parking tiers abut one another, they shall be separated by a minimum 5' wide landscape strip. This strip shall be in addition to the parking stall. Non-mountable curbs are not required for these landscaping strips, provided wheel stops are installed. The interior parking tiers do not provide the required landscape strips. 10. Pursuant to LDR Section 4.6.16(H)(3)(d), where parking areas abut adjacent property, a 5' wide landscape strip is required. Along the southwest and northwest corners of the site, a 5' wide landscape strip has not been provided. It is noted that driveways must not be located within 5' of an adjacent property. In order to obtain relief from this requirement, a waiver must be granted by SPRAB. 11.The vehicular use area at the southeast corner of the site should be designed as follows: The handicapped spaces should be located within the customer parking area (middle of the site, east tier); the driveway should taper from the loading area to the curb cut. This would accommodate better maneuverability, which would eliminate potential conflicts for vehicles entering or exiting the site. 12. The loading area should be located along the west side of the property with a north/south orientation, which would permit delivery vehicles to enter and exit the site from Dixie Highway and not impact Federal Highway. If this design is not accommodated there appears to be no need for two driveway cuts onto Dixie Highway. Keeping all loading/delivery traffic on Dixie Highway is consistent with the proposed North Federal Highway Redevelopment Plan and the industrial overlay district. 13. Pursuant to LDR Section 4.6.9(C)(3)(f), 53 parking spaces are required and not 44.8. The calculation must include the sales and display room which is for the retail sales of accessories (i.e. helmets, wet suits, etc.) and not display of vehicles. Therefore, the calculation should be based upon 13,225 sq.ft, and not 11,205.69 P & Z Board Staff Report Delray Kawasaki - Conditional Use Request to Repair Vehicles Page 12 sq.ft., and 6 service bays instead of 4 bays. This will require that 36 of the 53 spaces be designated for customer, employee, service. The balance can be utilized for display. The parking data must be revised accordingly. 14. In order to address the requirement to provide a fire hydrant, a water main must be extended from the northeast corner to the southeast corner of the property with the hydrant to be installed at the southernmost driveway. 15.A recorded Declaration of Unity of Title tying both parcels of this property together must be submitted. 16.The locations of the NC units and mechanical must be indicated on the plans and screened accordingly. 17. LDR Section 4.6.16(E)(3) states that all landscape areas must be protected from vehicular use areas with Type "D" curbing. Curbing has not been indicated adjacent to the landscape islands. 18.The height of the retaining wall must be indicated on the plans. 19. Given the large amount of trash (crates, etc.) on the existing site, the proposed dumpster facilities appear inadequate. It is recommended additional areas be provided for refuse, or the proposed area enlarged to accommodate additional dumpsters and recyclables. FORM 8B MEM_0.RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I&.~1%AMI IIR~,1%~MI MIDI)II %AMF ~AMEOI-~ARD. C~UNC'II..(OMMINNION. AU1HOHI1Y. OEL'OMMI]~EE M.~II I%(i -M)DRI ~% 1 It~ ~AKD. ~OUN('I[.. C'OM MISSION% A~l HORII~ OK COMMIll EE Oh ~'HICH I ~ERVE I~ A U~ll OF: ~AME OF ~I.ITICAL ~UBDIVI~ION: WHO MUST FILE FORM 8B This form is for use by any person scr~ lng at the coun(y, cit.~; or other io~al level of gmernmen.i on an appointed or elected board. council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of imerest under Section !12.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appoimive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR OOMPUANOE WITH SEOTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN I~ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFTICERS: A person holding appointiw county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND. TO 'MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the. meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest'. C'E FORM lib . 141 PAC~. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally Ihe nature of your conflict in the measure before participating. · You should complete Ihe form and file it Within 15 days after the vote occurs with the person responsible for.recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST Date Filed Signazure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWlNO: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. CE FORM I~B - 141 PAGE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~2~AGERj~ SUBJECT: AGENDA ITEM 'REGULAR MEETING OF OCTOBER 6, 1998 ORDINANCE NO. 34-98 (SMALL SCALE FLUM AMENDMENT AND REZONING/WDBF RADIO STATION) DATE: SEPTEMBER 30, 1998 This is second readin9 and a quasi-judicial public hearing for Ordinance No. 34-98 which provides for a small scale Future Land Use Map (FLUM) amendment from Community Facilities-Churches to Transitional, and rezoning from CF (Community Facilities) to POD (Professional Office District) for the WDBF Radio Station site. The subject property is located on the south side of West Atlantic Avenue, east of Homewood Boulevard (2710 West Atlantic Avenue) and contains 0.54 acres. The FLUM amendment and rezoning are being processed to accommodate WDBF which wishes to expand its offices and studios by constructing a new office building. Business and professional offices are not permitted under the current land use designation and CF zonin9 classification. The current use is legally non-conforming. With the proposed designation changes the use will be conforming and its expansion permitted. Additional background and analysis of the request is provided in the attached staff report. On July 20, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony expressing concerns with respect to the height and size of the proposed new building, and traffic. The representative for the radio station stated they would be willing to work with the community to produce a pleasing development project. After discussion, the Board voted unanimously to recommend approval of the FLUM amendment and rezoningo At first reading on September 15, 1998, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 34-98 on second and final reading, based upon positive findings and recommendation by the Planning and Zoning Board. ref:agmemo7 ~ ~ ORDINANCE NO. 34-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMUNITY FACILITIES-CHURCHES TO TRANSITIONAL, AND REZONING FROM CF (COMMUNITY FACILITIES) DISTRICT TO POD (PROFESSIONAL OFFICE DISTRICT), FOR PROPERTY COMMONLY KNOWN AS THE WDBF RADIO STATION SITE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, EAST OF HOMEWOOD BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Community Facilities-Churches; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned CF (Community Facilities) District; and WHEREAS, at its meeting of July 20, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted unanimously to recommend approval of the small scale FLUM amendment and rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: Lot 1, of Golfview Estates, according to the Plat thereof as recorded in Plat Book 24, Page 50, of the Public Records of Palm Beach County, Florida, less and excepting therefrom the northerly 13 feet conveyed to the State of Florida for the use and benefit of the State Road Department of Florida, by Deed dated for April 19, 1963, recorded August 28, 1964 in Official Record Book 1078, Page 286, of said Public Records. TOGETHER WITH A tract of land in Section 18, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point, which is the intersection of the South right-of-way line of State Road 806 and the East line of Golfview Estates, as recorded in Plat Book 24, Page 50, Public Records of Palm Beach County, Florida, which point is also the northeast corner of Lot 1 of the aforesaid subdivision; thence with said right-of-way line North 83 degrees 26'49" East, 97.00 feet to a point; thence South 07 degrees 26'49" West, 114.92 feet to a point; thence South 87 degrees 03'49" West, 80.00 feet to a point on the east line of the aforesaid subdivision; thence with said east line, North 00 degrees 50'41" West, 106.99 feet, more or less, to the point of beginning. Less and excepting therefrom such portions of the above described lands as may lie within the description of lands conveyed by the Grimes Foundation of the State of Florida, for the use and benefit of the State Road Department of Florida, by Deed dated March 18, 1963, recorded August 28, 1964 in Official Record Book 1078, Page 288 of said Public Records. The subject property is located on the south side of West Atlantic Avenue, east of Homewood Boulevard (2710 West Atlantic Avenue); containing 0.54 acres, more or less. Section 2. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of Transitional for the subject property. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. - 2 - Ord. No. 34-98 Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of POD (Professional Office District) for the subject property. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of October , 1998. ATTEST: : '~ ~ity ~lerk -- First Reading September 15, 1998 Second Reading October 6, 1998 - 3 - Ord. No. 34-98 DELRAY BEACH I__ IC I PA L K4 d N,- G 0 Lr coURSE S.w. 6TH ST. N WDBF RADIO STATION ~,-, ~, ,-~.,,,.---A~. ,. 2710 WEST ATLANTIC AVENUE PLANNING AND ZONING BOARD CITY OF DELi::b~Y BEACH ---STAFF REPORT--- MEETING DATE: july 20, 1998 AGENDA ITEM: v.B. ITEM: Future Land Use Map Amendment from CF-C (Community Facilities- Churches) to Transitional and Rozoning from CF (Community Facilities) to POD (Professional Oh3ce District), for the WDOF Radio Station, Located on the South Side of Atlantic Avenue, East of Homewood Boulevard. '' ,, I .... ~~, GENE~L DATA: Owner/Applicant ...................... Mitchell Rubenstein and Laurie Silvers Agent ....................................... Jeffrey A. Ornstein, Architect Lo~ation ................................... South side of Atlantic Avenue, east of Homewood Boulevard (2710 W. Atlantic Avenue) Prope~ Size ...........................0.~ Aore Existing F.L.U.M. Designation.. Communi~ Facilities-Churches Proposed F.L.U.M. Designation. Transitional Current Zoning ............................ OF (Community Facii~ies) Proposed Zoning ........................ POD (Professional Off3~e District) Adjacent Zonings .............. No~h: RM (Multiple Family Residential-Medium Densi~) & POD East: OSR (Open Space & Recreation) South: OF & OSR West: CF Existing Land Use ....................... Radio Station _ . Am~nmm_n, and Rezoning to Proposed Land Use .................... Future Land Us~ Ma~ ~ ' ~ + accommodate the construction of a new off~ce building associated with the existing radio station. Water Se~c .............................. n/a Sewer S~c ........... The item before the Board is that of making a recommendation on a privately initiated Small-Scale Future Land Use Map Amendment from CF-C (Community Facilities- Churches) to TRN (Transitional) and a rezoning from CF (Community Facilities) to POD (Professional and Office District) for the WDBF Radio Station. The subject property is located on the south side of W. Atlantic Avenue, approximately 250' east of Homewood Boulevard and consists of approximately .54 acres. The proposal incorporates Parcel I (Lot 1, Golf'view Estates Subdivision) which consists of approximately .33 acres, and Parcel 2, an unplatted parcel of land consisting of approximately .21 acres. With the Citywide rezoning and adoption of the Comprehensive Plan in October of 1990, the subject property was rezoned from R-l- AA (Single Family Residential) to CF (Community Facilities). Currently, a 1,580 one story building constructed in 1961 along with a mulch parking area serves as the offices for the WDBF radio station. An existing radio tower located off site on the City Municipal Golf Course directly south of the offices serves the broadcasting function. In December, 1997, a site plan modification application to construct a parking lot with associated landscaping and drainage improvements was submitted, however the property was sold and the site plan request was withdrawn. In June, 1998, a request for a Future Land Use Map amendment to Transitional and rezoning of the property to POD (Professional and Office District) was submitted by the new owners and is now before the Board for action. .:~:i:i:i:~:~: :.::~:!:.-':~::: :!:~::: i ~ :~::: i ~ ~:::: i !:~:~:~: !: .:: :i:::::: :-;: i i ~ :~::: :i.;ii :~:.":: :~:' ' ' "~:i:' ' ' "::.:::" ' "::i:i:.": "i:i:' ' i i i:i::" ' ":: :J" i i:.:S!:F ' ' "::~:: ' i i i:i:-:" ' "::i:F ' '";~:i"" "i:?' ':.:" ' ' "::i'i ~' i ~:~" "-'.::~" ' '"'!:i:' ":" '.'.::i:E:~:i:i:i:!:: ;!&::: :~:.:&":: :[::: S: :.": :J::::: i::::: :::: S:::::;: :~::: :.":.":::::: The proposal is to change the Future Land Use Map designation from CF-C to TRN and to rezone the property from CF to POD. The FLUM amendment and rezoning are being processed to accommodate WDBF Radio Station which wishes to expand its offices and studios by constructing a new office building. Business and professional offices are not permitted under the current CF-C FLUM and CF zoning designations, and the current use is legally non-conforming. With the proposed designation changes the use will be conforming and its expansion permitted. P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 2 This Future Land Use Map Amendment is being processed as a Small-Sca~e Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land use Map amendment involves a .54 acre area, thus the total area Is less than the 10 acre maximum. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year (Hammock Reserve and Citation Club: .72 acre) have a combined total of 1.26 acres. This properly has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Transitional Future Land Use Map designation is consistent with the following zoning classifications: A (Agricultural), R-1-A thru R-l-AAA (Single Family Residential), RL (Low Density Residential), PRD (Planned Residential Development), RM (Medium Density Residential); POD (Professional and Office District), POC (Planned Office Center), RO (Residential Office), NC (Neighborhood Commercial), OSR (Open Space and Recreation), OS (Open Space), and CF (Community Facilities). The proposed amendment to TRN (Transitional) is being processed P & Z Staff Report WDBF Radio Station o FLUM Amendment and Rezoning Page 3 concurrently with a request for rezoning to POD (Professional and Office District) to accommodate the existing broadcast studio office, which is allowed as a permitted use, and to allow the establishment of a new office building for the radio station. Ad.iacent Land Use Designations, Zoning Designations & Land Uses: North: North of the property, across W. Atlantic Avenue, has a Future Land Use Map designation of TRN (Transitional) and is zoned RM (Multiple Family Residential- Medium Density). The existing land use is a condominium development (First Encounter Condominiums). South: South of the property are CF-C (Community Facilities-Churches) and OS (Open Space) Future Land Use Map designations. The properties are zoned CF (Community Facilities) and OSR (Open Space) and existing land uses are St. Mary the Virgin Church and the City of Delray Beach Municipal Golf Course. East: East of the property has an OS (Open Space) Future Land Use Map designation and the property is zoned OSR (Open Space and Recreation). The existing land use is the City of Delray Beach Municipal Golf Course. West: West of the property has a CF-C (Community Facilities-Churches) Future Land Use Map designation and the property is zoned CF (Community Facilities). The existing land use is St. Mary the Virgin Church. Allowable Land Uses: Under the current Community Facilities FLUM and CF zoning designations, business and professional offices are not permitted. The CF land use and zoning designations accommodate a wide range of public, semi-public, and private uses (i.e., civic centers, hospitals, governmental offices, churches, etc.). Under the proposed Transitional FLUM designation and associated POD zoning designation, professional and business office developments are allowed. The applicant has requested a zoning designation of POD, which renders the current office uses conforming as well as allows future expansion of the office building [ref. LDR Section 4.4.16(B)(1)]. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. P & Z Staff Report WDBF Radio Station o FLUM Amendment and Rezoning Page 4 Future Land Use' Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the following findings: [~ Demonstreted Need -That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal is to change the FLUM designation from CF-C to TRN, and to rezone the property from CF to POD. The existing FLUM designation (CF-C) and zoning designation (CF) do not permit the existing use of business and professional offices. The applicant is requesting the FLUM and zoning designation changes to accommodate the existing office use and permit an office expansion. The need for this land use category in this area is supported by the continuing success for this professional office use at this site for many years. Further, this can be viewed as a corrective amendment applying the appropriate designation to reflect existing uses. r~ Consistency -The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The following are the other applicable goals, objectives and policies. Future Land Use Element Ob_iective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent areas. The Transitional FLUM designation will accommodate the existing office development. This application will fulfill remaining land use needs and the demand for these needs are currently being accommodated by this existing use. P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 5 Concurrency -The requested designation will be compatible with existing and future land uses of the surrounding area. Pursuant to LDR Section 3.1.1(B), facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Currently, the existing building is on well and septic, and the construction of a new office building will require connections to available services. The City's Environmental Services Department has indicated that water service is available west of the subject site. The applicant must extend the main easterly within the Florida Department of Transportation right-of-way or within a 12' water main easement which must be obtained across St. Mary Church property. With respect to sewer service, a 6' deep manhole is located at the south east comer of the St. Mary Church property. Currently, there is an existing sewer lateral to the restrooms located on the golf course. The applicant will be required to extend the sewer main eastward, set a new manhole, tie in the existing sewer service, then extend a new 8" sewer main northward to a new manhole. A 12' sewer easement will be required over all improvements. Required connections to water and sewer services will be reviewed at the time a site plan and engineering plan are submitted. Drainage: With FLUM and rezoning requests drainage plans are not required. Approximately 1/3 of the site is currently developed with a 1,580 sq. ft. building and a mulch parking area. The remainder of the site is undeveloped. A drainage plan will be required with the site development plan for any new development. Traffic: The current CF land use and zoning designations allow for a variety of uses, including govemmental, community, recreational, services, religious, health care, and educational. Given the wide range of uses permitted within the CF land use and zoning designations, trip generation rates with each of these type of uses will vary. Given the size of the parcel, the higher traffic generator uses would probably not be established. P & Z Staff Report WDBF Radio Station o FLUM Amendment and Rezoning Page 6 The proposed Transitional land use and POD zoning designations will allow office uses. Office trip generation rates also vary depending upon the size of the building and types of services offered. With the proposed expansion of the WDBF offices, an increase in trips can be expected. However, W. Atlantic Avenue is constructed to six lanes, and no concurrency issues are anticipated with this office expansion. W'ith future redevelopment of the site submittal of a traffic study indicating existing and future traffic generation rates and impacts on the surrounding network will be required. Parks and Recreation: - Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The current CF land use designation provides for a variety of public, semi-public, and private uses (i.e., educational, health care, governmental, recreational, and religious facilities) and the solid waste generation rates vary for these uses. The trash generation rate for the existing 1,580 sq. ft. building is 8,532 lbs./yr. (4.26 tons/yr.). Trash generation rates for the proposed TRN land use designation will also vary given the different uses allowed by some of the applicable zoning districts of the TRN land use designation (POC, POD, RO, NC), which allow office, retail sale, and service related uses. While no plans have been formally submitted for the new office building an increase in trash generation may be expected under the POD designation. However, adequate capacity exists at the County Land Fill to accommodate this use. El Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. El Compatibility -The requested designations will be compatible with the existing and future land uses of the surrounding area. As described in the Future Land Use Element of the Comprehensive Plan, the proposed Transitional Land Use Map designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 7 residential use' and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. Compatibility with the adjacent Community Facilities and Open Space designations (Church and golf course) are not a major concern. The adjacent Transitional Land Use to the north (multiple family residential) is consistent with the proposed land use change. Further, the residential properties will be separated by Atlantic Avenue and applicable buffering requirements. The proposed office project will be required to adhere to the City's Land Development Regulations with respect to setback, height, landscaping, lighting, signage and parking requirements. Pursuant to LDR Section 4.3.4(H)(b) (Special Landscape Setbacks), a special landscape area either 30' or 10% of the average depth of the property, but less than 10' must be provided along W. Atlantic Avenue. Any future development will be reviewed for compatibility and compliance with development requirements at the time a site plan application is formally submitted. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezonin_o Actions): Standards A-C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 8 D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property to the north is zoned RM (Multiple Family Residential-Medium Density); to the south is zoned CF (Community Facilities) and OSR (Open Space and Recreation); to the east is zoned OSR (Open Space and Recreation); and, to the west is CF (Community Facilities). The surrounding land uses are as follows: to the north, across W. Atlantic Avenue is the First Encounter Condominium; east and south is the City of Delray Beach Municipal Golf Course; and south and west is St. Mary Church. - Compatibility with the adjacent properties zoned CF and OSR is not a concern. While RM property is located on the north side of Atlantic Avenue the use will be separated by a 120' right-of-way and required buffers along Atlantic Avenue. Further~ the proposed POD zoning will allow professional office uses which are generally considered compatible with multiple family uses. The existing office building has co-existed with the surrounding uses for several years and this rezoning proposal will not be introducing a new use to the property or area. As previously discussed in the Compatibility section of this staff, any further .... development must adhere to the City's Land Development Regulations with respect to setback, height, landscaping, lighting, signage and parking requirements, in addition, pursuant to LDR Section 4.3.4(H)(b) (Special Landscape Setbacks), a special landscape area either 30' or 10% of the average depth of the property, but less than 10' must be provided along W. Atlantic Avenue. Section 2.4.5{D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 9 c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The radio station requires new offices and new studios (a new building), and therefore it is necessary to change the zoning (POD zoning)-to maintain its continuous operation providing quality broadcasting services to the residents of Delray Beach. The proposed zoning is consistent with the current use of the property as offices with an accessory use of broadcasting studio. Further, the proposed zoning is more appropriate based on the current use of the property." The applicable reasons are both a and c. The zoning designation applied to the property in 1990 was CF-C (Community Facilities-Church). At this time the site was occupied by the current office uses which are not allowed in CF. A possible explanation for the CF-C application is that the site was lumped into a designation applied to the church property immediately to the west. The rezoning is also supported by reason c in that the current zoning designation of CF allows for potential uses such as civic centers, governmental offices, etc., which are of similar intensity to the office uses allowed under the proposed POD designation. Further, the requested designation of POD is more appropriate for the property given its long established office uses. Based upon the above, it is appropriate to rezone the property to POD. ....... '.?.--:-T.~.T.---,y.T.-.T.;?;.i?T.;.;.?-.;.i.i.-.?-?.z.z.-z.z.~ .-. ~. =.z .z .z.:. ?.?.~. r.~. :-~.?.~,~,:.-.-.-...-.-. :. ?-:....-:. :-'-:-t .~. :-:.z-: .:.:...t. :.: .:-:-:.'. :-z. :. '--. ?--.'. z. ?.-..... '-'. -?.=--?z,-.-.-.-.-.?:...z.?. ,-.-.....-.~. t.:. :. :. :. :.-. ~. :, r. :-z. ~', '-? .-.-----. :-z .:.z. :.:.z.z.: .?.'. r'T'T 't? r' "?T'""T'"'"' T?T'T'Y"? ~' t'? '?'"'?'* ?'" ?' :'"";';' :' :' T'T' ;' ? T':' :'" t'""T' The subject property is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Author'rty) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: 1~1 High Point Q Presidents Council 1~ Progressive Residents of Delray (PROD) P & Z Staff Repod WDBF Radio Station - FLUM Amendment and Rezoning Page 10 El Woodlake Letters of objection or support, if any, will be presented at the P & Z Board meeting. The Fut~r:e Land Use Map Amendment from Community Facilities-Churches to Transitional is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The amendment will apply the appropriate Future Land Use Map zoning designation to accommodate the existing use as well as permit the expansion of the WDBF Radio Station offices. The rezoning from CF to POD is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is appropriate given the circumstances particular to the site and the surrounding area. The current office has existed along with the adjacent uses for several years and its expansion should not negatively impact the adjacent properties. The construction of the new building will require submittal of a complete site plan application and adherence to the Land Development Regulations. A. Continue with direction. B. Recommend approval of the Small-Scale Future Land Use Map Amendment from Community Facilities-Churches to Transitional, and the rezoning request from CF to POD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5), and LDR Section 3.3.2. C. Recommend denial of the Small-Scale Future Land Use Map Amendment from Community Facilities-Churches to Transitional, and the rezoning request from CF to POD based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons. ~?:!':(ii i!il '"': ~ ¢ ~i~ i ~ "'i:'~'ii i!~ ii~ii¢i~';-.':i~il i!i iii!ii¢ iiiii :ii ~!i!iiii! i i ~ i¢~;iiiiiiii~iii i! ill! ~iii!::i ii ii i~iii ii lili iiiiiiiiiii ~!ii! i li i li!ili i!iiii~iiiiJliii!i i iiiii~iiiiii i-:~!iiii,!iii..'ii::;':':':¢ i ii~?:iii ii~::i~ii~?:! f.~iii~i :':':':':£:ii~" '::: ' '- :i~;" ii!~!iiii~ii~ii~i '- -:i;: $ '"'"<:!;" '"'t'? ii~i:: ?': ::'"' ~::ii~i '<~ ;' "?: !~i::i~ii~i: ?+ ": i-'": '"::' ": i ii~ij~i~iii~ -'.!'"' 'e i ~ "" =i: '"'"i: '"'¢.'::'"'"<: i!~ ::'"" i~i" 9!:~ i~i i iiiilii i ;$i:!:'.':i ii! iii!ii ~:j;'; ii!i! i:: :$'::::: ii !iiiiiii!ii~:::: :::-~!Jii:: :i:i; ~ii!iiii:::: ~: ~ii: $~:~i: :~i: iii: ~!: ;!~i: !~ii:: ii;::: Ji: ¢~i:: ii: ~:i~i!~!iii!iiiiit: :i;:;:: ::::: Recommend to the City Commission approval of the Small-Scale Future Land Use Map amendment from Community Facilities-Churches to Transitional and the rezoning from CF to POD based upon positive findings with respect to Chapter 3 P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 11 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and LDR Section 3.3.2. Attachments: El Location Map r~ Existing Future Land Use Map Q Existing Zoning Map Q Survey u:\grahamc\pzrep\wdbfrep.doc C A k.' A ~ L--33 I I 2ND PRIVA~ HIGH HIGH POINT ~RRAC[ ~ST CF-C D E L RAY OS h/ d N I C I P A L~GO L F coURSE S.W. 6TH ST. N WDBF RADIO STATION PLANNING ~ ]~/IN~, D£PARTME. NT T~MPLE N WDBF RADIO STATION - EXISTING ZONING - PLANNIN~ ~ Z~IN~ D[PARTM~NT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGEr'S/( SUBJECT: AGENDA ITEM /~' - REGULAR MEETING OF OCTOBER 6, 1998 ORDINANCE NO. 36-98 (TRANSPORTATION DEMAND MANAGEMENT) DATE: SEPTEMBER 30, 1998 This is second reading and a public hearing for Ordinance No. 36-98 which amends LDR Section 2.4.3(E), "Traffic Statements and Studies", by enacting a new subsection 2.4.3(E) (3), "Transportation Demand Management" This amendment will require that new development or redevelopment in the Transportation Concurrency Exception Area (TCEA) which results in the addition of 50 or more employees must be accompanied by a plan to mitigate traffic impacts through the use of such measures as ride-sharing, staggered work hours, van pooling, etc. These measures are referred to as TDM (Transportation Demand Management) activities. The amendment is required by the Comprehensive Plan (Policy D-3.3 of the Transportation Element) and was important to our obtaining the state's approval of the TCEA designation. The Planning and Zoning Board held a public hearing on this item on August 17, 1998. There was no public testimony. The Board voted 6 to 0 to recommend that the text amendment be approved. At first reading on September 15, 1998, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 36-98 on second and final reading. ref:agmemol0 ORDINANCE NO. 36-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(E), "TRAFFIC STATEMENTS AND STUDIES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBPARAGRAPH 2.4.3(E) (3), "TRANSPORTATION DEMAND MANAGEMENT", TO PROVIDE THAT LAND USE APPLICATIONS THAT WILL RESULT IN THE ADDITION OF MORE THAN 50 EMPLOYEES ON PREMISES LOCATED IN THE CITY'S TRANSPORTATION CONCURRENCY EXCEPTION AREA SHALL INCLUDE SUBMITTAL OF A PROGRAM TO IMPLEMENT EMPLOYER-BASED TRANSPORTATION DEMAND MANAGEMENT ACTIVITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on August 17, 1998, and voted unanimously to recommend that it 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 objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.3, "Submission Requirements", Subsection 2.4.3(E), "Traffic Statements and Studies", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subparagraph 2.4.3(E) (3) to read as follows: (E) Traffic Statements and Studies: (3) Transportation Demand Manaqement: A land use application which will add use area or establish a new use that will result in the addition on the premises of more than fifty (50) employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a proqram to implement employer-based TDM (Transportation Demand Manaqement) activities. These activities may include, but are not limited to, ride sharinq, van poolinq, and flexible work hours. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby.repealed. 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 this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 6th day of October , 1998. ATTEST: ~City- C~rk v First Reading September 15, 1998 Second Reading October 6, 1998 - 2 - Ord. No. 36-98 MEETING OF: August 17, 1998 AGENDA ITEM: Ii1. L. AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(E), TRAFFIC STATEMENTS AND STUDIES The item before the Board is that of making a recommendation to the City Commission regarding a change in the Land Development Regulations (LDR) to require major developers locating in the Transportation Concurrency Exception Area (TCEA) to submit a program to implement employer-based Transportation Demand Management (TDM) activities as part of their development proposal. The TCEA is located in the downtown area, and includes the Central Business District and West Atlantic Redevelopment Area (see map). In this area, developments are exempt from traffic concurrency requirements. The TCEA was adopted by the City, and established in the Comprehensive Plan in 1995, along with several implementing policies. One of these policies calls for the following: Policy D-3.3The City shall adopt changes to the Land Development Regulations that require major developers (more than 50 employees) locating within the TCEA to submit a program to implement employer-based TDM activities. This activity shall be completed in FY 97/98. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. The purpose of TDM activities is to increase mobility options in the downtown, reduce trip lengths and traffic impacts, and reduce impacts on the parking inventory. As the revitalization of the downtown continues, mobility issues will become more apparent, and their solution more important. These issues include traffic volumes, P&Z Board Memorandum Staff Report Amendment To The Land Development Regulations Section 2.4.3(E) Traffic Statements and Studies Page 2 parking, and the availability of alternatives to the single occupancy vehicle. The Comprehensive Plan calls for the implementation of programs and tools to reduce trips on the roadways and demand for parking. As examples, an efficient bus system, sidewalk system and bicycle facilities provide opportunities to choose an alternative mode of transportation, reducing the impacts of automobiles. The implementation of employer-based TDM activities is such a tool, a method whereby the private sector provides mobility options for its employees. Although useful for any employer, TDM activities are most effective and cost-efficient for companies with a significant number of employees. In Comprehensive Plan Policy D-3.3, the City selected a total of 50 employees, including all shifts, as a reasonable threshold at which to require the implementation of TDM activities. The recommended change to the LDR to establish this requirement is: LDR Section 2.4.3 (E) (3) Transportation Demand Management: A land use application, which will add use are~ 0r establish a new use. that will result in the addition on the premises of more than 50 employees, located in the City's TCEA Crransportation Concurrency Exception Area). shall include submittal of a program to implement employer-based TDM .Frransportation Demand Management) activities. These activities may include, but are not limited to. ride sharing, van pooling, and flexible work hours. The requested LDR change is required by the Comprehensive Plan as a tool to implement the TCEA. Therefore, adoption of the proposed LDR change will further both the Comprehensive Plan and the TCEA, and aid in the revitalization of the downtown. Recommend that the City Commission approve the attached changes to LDR Section 2.4.3(E), Traffic Statements and Studies. S:~adv\TDM 1 -2- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:CITY MANAGER ~L// SOB~0T: ~=~ IT~ ~0~- R~U~ ~TIN~ O~ OCTOB~ ~, ORDI~=C~ ~0. ~-~ I~I~ITION O~ ~OOHOLIO B~V~=~ ESTABLISHMENT) DATE: SEPTEMBER 30, 1998 This is second reading and a public hearing for Ordinance No. 38-98 which amends Section 113.20 of the City Code by expanding the definition of 'Alcoholic Beverage Establishment' to include business and commercial establishments where alcoholic beverages are not only sold for consumption on the premises, but also where alcoholic beverages are available to be, or are actually dispensed, served, consumed, provided or sold for consumption on the premises. The commercial or business establishments affected include those that do not charge or do charge for entrance or mandate a cover charge as well as those that charge a membership fee. While bottle clubs are not allowed in the City at this time, the term "bottle club" is also included to make it clear that this regulation applies to bottle clubs (if any are allowed in the future or if any are illegally established). The background materials previously submitted to the City Clerk and the cases cited therein for Ordinance No. 30-98 and the background materials cited in the cases referenced in the preamble to this ordinance provide the rationale for the enactment of this regulatory ordinance pursuant to the 21st Amendment of the United States. At first reading on September 22, 1998, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 38-98 on second and final reading. ref:agmemoll ORDINANCE NO. 38-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION 113.20 (A), "DEFINITIONS", BY AMENDING SUBSECTION 113.20(A)(1), "ALCOHOLIC BEVERAGE ESTABLISHMENT", TO PROVIDE AN AMENDED DEFINITION THEREOF THAT IS DIRECTED TO COMMERCIAL AND BUSINESS ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES, BEER OR WINE IS AVAILABLE TO BE, OR IS ACTUALLY SOLD, DISPENSED, SERVED, CONSUMED, PROVIDED, POSSESSED OR OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and, WHEREAS, the City has determined that the restrictions contained herein are necessary to avoid disturbances associated with mixing alcohol and nude or partially nude dancing and exhibitiom; and, WHEREAS, the City Commission determines that mixing alcohol and nude or partially nude dancing and exhibitions encourages undesirable behavior; and, WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, and the experience in other cities as to the secondary effects of the combination of alcohol and nudity or partial nudity; and, WHEREAS, the City also relies on the cases of City_ of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985); Fillingim v. Boone, 835 F.2d 1389 (llth Cir. 1988); Geaneas v. Willets, 911 F.2d 579 (llth Cir. 1990); Sammy's of Mobile. Ltd. v. Ci_ty of Mobile, 140 F.3d 993 (llth Cir. 1998); New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); City. of Newport v. Iacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed; 479 U.S. 1047, 107 S.Ct. 913 (1986); and, WHEREAS, the City Commission f'mds that the City has a substantial government interest in regulating liquor under the Twenty-first Amendment of the United States Constitution; State Constitution and under State law and that the incidental restrictions on First Amendment activity are no greater than necessary to further that interest. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: ~. That Chapter 113, "Alcoholic Beverages, Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", subsection (A), "Definitions", subsection 113.20(A)(1) is hereby amended to read as follows: Section 113.20 PROHIBITION OF NUDITY. PARTIAL NUDITY. SEXUAL CONDUCT AT p~LCOHOLIC BEVERAGE ESTABLISHMENTS. (A) Definitions. (1) "ALCOHOLIC BEVERAGE ESTABLISHMENT" means any business or ~ establishment whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the state for sale and/or service of alcoholic beverages, which include but are not limited to. any bottle club. hotel, motel. restaurant, night club. country, club, cabaret, and meeting facility located in the City of Delray Beach, in which alcoholic beverages, beer or wine are. or are available to be sold. dispensed, served, consumed, provided, possessed or offered for sale fzr or consumption on the premises. ~. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~. That all ordinances or pans of ordinances in conflict herewith be, and the same are hereby repealed. ~. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 38-98 PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of October , 1998. First Reading September 22, 1998 Second Reading October 6, 1998 chi 13bev.ord 3 ORD. NO. 38-98 Section 113.20 Section 113.20 PROHIBITION OF ,NUDITYt PARTZAI~ NUDITYt SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS. (A) Definitions. (! } "ALCOHOLIC BEVERAGE ESTAB~.ISHMENT* means any eet~bl~men~ loc~te~., in' th~ City of Delray B~oh ~n which consumption on the premises. (2) ."NUDITY" means the exposing to public view of human male or female qeni%alS) pubic area, cleavage of the human buttocks, or tha~. port,on of %he Buman female breast Within an area falling below the horizontal l~ne one would have to ~raw 2o ~nterseo2 a poin~ imme~iately above the top of the areola (the colorea ring aroun~ the nipple). (3) "PARTIAB NUDITY'' means the exposing to public view of the human male or female cleavage of the human buttocks or that portion of ~he human female breast encompassed w~th~n an area falling below the hor~z0ntal l~ne. one woula have 2o ~raw to ~ntersect a point ~mmediately above the top of the areola (the colore~ ring around the. n~pple) with less than a full opaque covering; or the ~epiction of covere~ human ~ale genitals in a discernibly turgid s~ate. (B) Nudiky~ Partial Nudity an~ Sexual Con~uct Prohibite~. (~) No person shall en~age ~n nudity ~n any alcoholic (2} No employee of, or person having an ~n~ependent contractual relationship with, ~he owner or. Operator of an alcoholic 'beverage establtshmen~ shall engage in partial nudity in any alooh01io b~verage' establishment. (3) ~o person .~aintaininq~ O~ninq 6r. operating an alcoholic beverage establishment shall ~uffeE ~= permit any employee or pc=son, ha%inA an'indepen~en%' ~On%raotOr status 2he o~ner or.opera%or of ~e alcoholic b%~b=ag% establishment to engage in nudity or partial "udi~ within any ale0holio beverage establishmen%. (4) No person shall engage in an~ no person maintaining, owning or operating an alcoholic beverage establishmen% shall suffe~ or permit any situs1 intercourse, masturbation, sodomy, beastiality, oral oopulation~ flagellation, any sexual act ~hiCh ia pr°hibi~e~ by law, 2ouohing, caressing or fondling of th% b=eaSts, buttooks~ or any por~ion ~hereof, anus or genitals or 2he simulation thereof, within any alcoholic beverage establishment. XI. 59 Section 113.20(C) (C) No establishment permitting nudity or partial nudity may be located within seven hundred fifty (750) feet of any parcel of land upon which an alcoholic beverage establishment is located. (D) For purposes of the above division (C), distance shall be by airline measurement from property line to property line using %he closest property lines of the parcels of land involved. The term parcel of land means any quantity of land capable of being described With such definiteness* that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a lot or which has been used or developed as a lot. (Ord. No. 35-90, passed 8/28/90; Am. Ord. No. 55-90, passed Section 113.99 PENALTY. See Section 10.99, "aeneral Penalty". (Am. Ord. No. 18-95, passed 4/4/95) XI.60 City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director J~ FROM: Michael Simon, Interim Community Development Coordinator DATE: September 29, 1998 SUBJECT: HOPE 3 Contract for Sale/235 SW 1 st Avenue 608 S. Swinton Avenue ITEM BEFORE THE COMMISSION This is to request approval to execute two contracts to sell housing units acquired for rehabilitation and resale under the HOPE 3 Program to very low and low income eligible households. BACKGROUND The unit to be sold located at 235 SW 1st Avenue was purchased on by the City on September 25, 1996, at a cost of $33,300. The unit has two bedrooms/one bath and the cost of rehabilitation was $25,000. The unit was appraised at $66,500 which is established as the purchase price. The second unit to be sold is located at 608 S. Swinton Avenue and was purchased on July 14, 1995. The unit has two bedrooms/one bath and the cost of rehabilitation was $18,000. The unit was appraised at $56,000 which is established as the purchase price. Federal regulations require that the unit be sold at the appraised value and affordability issues are addressed by allowing for subordinate forgivable second mortgages to act as the gap financing between purchase price and first mortgage. Therefore, promissory notes/second mortgages in the amount of $10,798.00 for 235 SW 1st Avenue and $28,724.00 for 608 S. Swinton Avenue will be recorded in the public records. The note stipulates a full recapture provision if the property is sold within the first six(6) years with a decrease of 168th of the original balance per month for the next fourteen(14) years. If the unit is sold before the six year term has expired, only the amount of down payment, principal reduction and capital improvements will be available to the then owner at the sale. RECOMMENDATION Staff recommends approval to execute the contracts to sell the HOPE 3 units to two eligible homebuyers and authorize the execution of the Second Mortgages/Promissory Notes. /O.G. AGENDA REQUEST Request to be placed on: Date: September 29. 1998 _xxxx Regular Agenda Special Agenda Workshop Agenda Consent Agenda When: October 6. 1998 Description of item (who, what, where, how much): Request approval to execute contract for sale under the HOPE III Program of the units located at 235 SW 1st Avenue and 608 S. Swinton Avenue to two income eligible households. (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval and execution of the contracts for sale. (Example: Recommend approval with fimding from Special Events Account No. 001- 3333-555-44.55). City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s :\commun~ 1 \cd\cdbgrant\agen form. doc PARTIES: The CiTY OF DELICA¥ BEACIt. a Florida municip:~l corporation, ("Seller"), of' 100 N.W. Ist Avenue, Dclray Beach. Florida ~.3-;-;-~ ~l'l~onc: ~0V-243-V000) a~d Giovanni Serrano and Noemi Serrano, his wife , ("Buyer"), of 638 sw 7th Avenue, Delray Beach, Florida 33444 (I>hoBc:561-265-1385 ) hereby agree that the Seller shall sell and the Buyer shall buy thc followin§ real properly ("Real Property") and personal property ("Personally") (collectively for Rcal Estate Transactions attached ("Standard(s)") and any addendum Io this instrument. I. DESCRIPTION: (a) Legal description of 1R.cal Properly localcd in Palm Beach Cotlnty, Florida: Lot 13, Block 63, Tenbrooks, Subdivision of part of Block 63, Map of Linton, now Delray Beach, according to the Plat thereof recorded in Plat Book 6, Page 3. (b) Street address, city, z{p, of the Propc,~y is: 235 s.w. 1st Avenue Delray Beach, Florida 33444 (c) Personalty: II. PURCH_ASE PRICE: .................................... $ 66,500 Seller's Concession ........................................ $ (2~000) Delray Beach CDC fee associated with Homebuyer Assistance... $ 2,000 Estimated Closing Cost ...................................... $ 3,628 Primary Mortgage given by First Bank of Florida .............. $ 56,000 City of Delray Beach, Forgivable Second Mortgage Grant ....... ~ 10,798 Estimated Balance to Close from Purchaser .................... $ 1,330 III. TIME FOR ACCEPTANCE; EFFECTIVE I)..\'I-E: If ',his olTcr is not executed by and delivered to ail pm-tic_x OF,. F?,.C'!' O1: I-_'XL:.CU'I lC)~'~ communicated in writing between the pm-tics on or before October 31,1998 ll:c deposit(s) will, at Buyer's option, be returned to Buyer and thc oli'cr x,.i~hdrawn. :\ f."csimilc cop>' of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (1) D:a fixed, (2) . [] an adjustable or (3) [] a fixed or adjustable rate loan within 30 days after Effective Date, at an initial interest rate not to exceed 6.75 %, term of 30 years and for the principal amount of $ 56,000.00 buyer will make application within 5 days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s). V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) or (2)): (1) [] abstract of title or (2) 1D:title insurance commitment and, after closing, owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or Before October 31, 1998, unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate x~,riting. IX. TYPEWRITTEN OR I4_4~NDWRITTEN PROVISIONS: Typex~a-itten or handva'itten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)[2 Coastal Construction Control Line Rider b)[-1 Condominium Rider c)['-I Foreign Investment in Real Property Tax Act Rider d)rq Insulation Rider e)[] FHA/VA Rider f)i2 Other: XI. ASSIGN.aBILITY: (CHECK (1) or (2)): Buyer (1),-lmay assign or (2)IEmay not assign Contract. X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)~is attached OR (2)Dis not applicable. XIII. TIM~E IS OF THE ESSENCE OF THIS CONTRACT. XIV. DISCLOSURES: Buyer []ac'knowledges or •does not ac'knovdedge receipt of the agency/radon/compensation and estimated closing costs disclosure. BUYER'S INITIALS. SELLER: BUYE.R:~ By: ATTEST: State of Florida City Clerk Count5' of Palm Beach Approved as to Form: The foregoing instrument was ackno~.qedged before me thisO~ day of x,q ~\i.,....C (nan~e of officer or 3 agent, title of officer or agent) of co¢orat~on a~owledg~ng), a ,, ~e~ '~ [~'~(,'~ i~r~l~ ~U (state or place of ~ ~ ~ ]nco~oratlon) ~oranon, on behalf of the 671495 co~oration. He/She is personally ~o~ to ..... ~.x* (type of identification) ~ identification ~d 'ot/.llnll~xw did (did not) t~e ~ oath. Signa~e of~o~ Public- I ~ State of Florida Deposit(s) under Paragraph II received. IF OTHER THAN CASH, THEN SUBJECT TO CLE~CE: ,,. ,/"'/~. (Escrow A,2ent) By: /~///'/rl /ff'/ / 4 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: City of Delray Beach BUYER: Giovanni and Noemi Serrano PROPERTY ADDRESS: 235 S.W. 1st Avenue, Delray Beach, Florida 33444 IXV. SPECIAL CLAUSES (Continued): A. KADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional i~fformation regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIR_PTA"): Except as.otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly comPleted remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper fom~ as required by the Regulations, and Buyer has no 'knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS D AND N: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date. of this Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstrac! of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title toReal Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the pur~:hase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under.prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey, shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to kave all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amounk Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. D. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all writt~ leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. 7 G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. lC EXPENSES: Documentary stamps on the deed and recording corrective inslamments shall be paid by Seller. Documentary stamps, intangible tax and recording pumhase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may.be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other ,exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of. Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer ma5,, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either parD, may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. O. RISK OF LOSS: If the Property is damaged by fire or other ca_gualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent ma3', at Agent's option, continue to hold the subject matter of the escrow until the . parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may .deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of'accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contrac/, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, ma3' proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party, shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Rear Property by statutory warranty, trustee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise 9 accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 10 P_A2ZTIES: Tbs CiTY OF DELIC.\Y BEACII. a Florida municipal corporation, C$c'llcr"). of' 100 N.\V. Ist .A. vcnuz, Dclray Bcach. Florida 2344.1 (]']~mm: 407-243-7000) and Mary M. Wheeler ,("Buycr"), of 3070 Congress Park Drive, Apt. 723, Lake Worth, FL 33461 [Phonc: 561-357-9752 hereby agree that the Seller shall $=I1 .~.nd thc Buvcr shall b'.9' thc following real property ("Real Property") and psrsonal propsriy ("PersonalLy") (collectively for Real Estate Transactions zr~ached ("S ~I2mdm-d(s)") a.nd cay addendum ~o ~is inst~umm'.:t. I. DESCP,.IPTION: (a) Legal de$cAplJon of Real Prop'zny located in Palm Beach Cotlllly, Florida:'South 1/2 of Lot 16, Sellers Addition to Delray Beach, De!ray Beach, according to the Plat thereof recorded in Plat Book 22,Page 17. (b) Street address, city, zip, oftb~ Propzmy is: 608 S. Swinton Avenue, Delray Beach, ~!orida 33444 (c) Personalty: !!. PUP, Ctt_ASE PILICE: .................................... ~ 56,000 Seller's Concession ........................................ ~ (2,000) Delray Beach CDC fee ==sociated-_ with Homebuyer Assistance... ~ 2,000 Estimated Closing Cost ...................................... ~ 3,544 Primary Mortgage given by First Bank of Florida .............. S(29,700) City of De!ray Beach, Forgivable Second Mortgage Grant ....... ~ (28,724) Estimated Balance to C!,se from Purchaser .................... ~ 1,120 !!i. TI.~iE FOR ACCEPTANCE; EFFECTIVE DATE: ]f',i:is o:Tcr is not exezuled by ,'nd~,,~,4;,.,~..~ Io ail.. ~m-~"--_.. O:, .:-?..C ~ :~,'.... L:Xi_-'CU'] 10.': communicaled in writing between ti~: :~mnics on or bag"ors October 31, 1998 . :b"_' deposit(s) v,'ill, at Buyer's ,-~.,~m~l~ copy of this Contract option, b: returned to Buvcr and thco,,'.,"c" :'.:::,.~,.:,',n.':'"': ..... .-\ "' .... ' ' '- . for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (1) 1~ a fixed, (2) . [3 an adjustable or (3) [] a fixed or adjustable rate loan within 30 days after Effective Date, at an initial interest rate not to exceed 6.75 %, term of 30 years and for the principal amount of $ 29,700 buyer will make application within 7 days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to obtain the commitment or fails to waive Buyer's fights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s). V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) or (2)): (1) [] abstract of title or (2) l~Xtitle insurance commitment and, after closing, owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before October 31, 1998., unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ · feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their 2 existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or hand~a-itten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)71 Coastal Construction Control Line Rider b)[] Condominium Rider c)E] Foreign Invesh"nent in Real Property Tax Act Rider d)12 Insulation Rider e)El FHA/VA Rider f)cl Other: XI. ASSIGNABILITY: (CHECK '(1) or (2)): Buyer (1)[]may assign or (2)Elmay not assign Contract. X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)[llis attached OR (2)[]is not applicable. XIII. TIME IS OF TIlE ESSENCE OF THIS CONTRACT. XIV. DISCLOSURES: Buyer [] acknowledges or [] does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosure. BUYER'S INITIALS. SELLER: BUYER: City of Delray Beach, Florida · Print Name: /),0 ~/'7 ATTEST: State of Florida City Clerk County of Palm Beach Approved as to Form: The foregoing instrument was ac 'knowledc, ed before me this .'.~?, day of -,~-~kr,--,¥~,~- , 199 by '\~'~/i~,Aq.- - (nmne of officer or agent, title of officer or agent) of (]met of~ c~-rporatidn acknowledging), a N[~,~Cc.~c,e~ ]4- ,, (state or place of inco~orhtion) &~oration, on behalf of the co~oration. He/She is personally ~o~ to me or h~ produced,~ q C~O .5ci3· (Wpe of identification) ~ idemification ~d did (did no0 ~e ~ oa~. Signature of No~ Public- ' / Stme of Florida Deposit(s) under Paragraph II received. 'IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: //"',~,,'~ ~ (Escrow A.~ent) By:/'/ ' 4 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: City of Delray Beach BUYER: Mary M. Wheeler PROPERTY ADDRES$: 608 S. Swinton Avenue, Delray Beach, Florida 33444 IXV. SPECIAL CLAUSES (Continued): A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it. over time. Levels of radon that exceed federal and state guidelines have been found in. buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health un/t. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVEST~NT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly comPleted remittance forms. If, however, on. or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS D AND N: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any reason, the Buyer is not satisfied, with.the results of such inspections, Buyer shall have the right to notify Seller .in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. 6 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to. Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitr~ent issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the pur~:hase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or 'before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller ia writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice .within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is. found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if second or lesser mortgage; shall provide for right of'prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Properly surveyed and certified by a registered Florida surveyor. If survey, shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any .restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. D. INGRESS AND EGRESS.' Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. IL EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage toSeller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current ,year's tax with due allowance made for maximum allowable discount, homestead and other .exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current years assessment is not available, then taxes will be prorated on the prior years tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together ~vith the cost of correcting them, prior to Buyer's occupancy or not less than ten (I0) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain properly including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending instituti'on as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.' . R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contrac/, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby xvaiving any action for damages resulting from Seller's breach. T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 10 ,8C Boca Raton News, Tuesday, October 6, 1998 Pmpe~es under h'm HO~ 3 Program: Lot 13, B,~ocN 63, Tenbrooks, SubclM- _J?~. ~ in PIm Boak 22, P'age Sa~e of me property is tm pubec pursuant ~o a con'l~cl entered ~ ~ of Delr4, Beach ni and Noemt Sertano, his won'mn under t~e Housing Oppo~unio o~r i~ may be obtained ~JomrrtlssJon shall hold a public hear- cc'. Bo'ca Raton News, Tuesday, September 29, 1998 7C City of Delray Beach Community Development Division MEMORANDUM TO: Alison Mac-Gregor Harty, City Clerk FROM: Michael Simon, Interim Community Development Coordinator-~ DATE: September 23, 1998 SUBJECT: Advertisement for the Sale of HOPE 3 Properties: 235 SW 1st Avenue 608 S. Swinton Avenue Please publish the attached article in the September 29, 1998 and October 6,1998 editions of The News. The Division will need a copy of the article and affidavit for our files when obtained by your office. If you have any questions or need any additional information, please contact me at extension 7280. Thank you for your assistance. NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the Civ: o~' Delray Beach, Florida, has determined to sell the following described properties under the HOPE 3 Program: Lot 13, Block 63, Tenbrooks, Subdivision of part of Block 63, of the Map of Linton, now Delray Beach, according to the Plat thereof recorded in Plat Book 6, Page 3, of the Public Records of Palm Beach County Florida. South 1/2 of Lot 16, Sellers Addition to Delray Beach, according to the Plat thereof recorded in Plat Book 22, Page 17, of the Public Records of Palm Beach County Florida. The Sale of the property, is for public purpose pursuant to a contract entered into between the City of Delray Beach and Giovanni and Noemi Serrano, his wife, as well as Mary Wheeler, a single woman under the Housing Opportunities for People Everywhere Program. Further information may be obtained from the City of Delray Beach's Community Development Division in City Hail located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. The City Commission shall hold a public hearing op the proposed sale at their regular City Commission meeS. ng of October 6, 1998, at?~l~m in the City Commission Chambers, City Hall. 7 ?/n TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR_.) SUBJECT: MEETING OF OCTOBER 6, 1998 AMENDMENT TO APPENDIX "A" OF THE LDRs (DEFINITIONS) PROVIDING DEFINITIONS OF "ANTIQUE" AND "SECONDHAND MATERIAL" The proposed amendment adds the following definitions to Appendix "A": ANTIQUE: An object having special value or significance because of its age, made in a former period of at least 40 years ago. Such objects may include but are not limited to furniture, tableware, art, handicrafts, artifacts, linens, rugs, jewelry, cudos, and vintage clothing and accessories. SECONDHAND MATERIAL: Objects and clothing of the modem period that have been previously used or worn. The attached Planning and Zoning Board staff report describes the reason for the amendment, and a discussion of the proposed language. The CRA Board discussed the amendment at their meeting of September 24, 1998. The Board felt that it might be better to define "antique shop", and establish a minimum percentage of merchandise within such shops that must be antiques. This approach would require amendments to the regulations for each of the zoning districts in which the sale of secondhand material is restricted, and would be a little more complicated to undertake. The Planning and Zoning Board held a public hearing on this item on September 28, 1998. No one from the public spoke regarding the amendment. The Board voted 7-0 to recommend approval of the amendment as currently wdtten. __---------~.,~__.____ _ .......... ,~~_._!~L.,_~ ~,,~._. By motion, approve the amendment to Appendix "A" (Definitions) of the Land Development Regulations, adding definitions of "Antique" and Secondhand Material" as described above, based upon the findings and recommendation of the Planning and Zoning Board. Attachment: P &ZStaff Report IC~~'~ ORDINANCE NO. 44-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A" (DEFINITIONS) OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING DEFINITIONS OF 'ANTIQUE ' AND ' SECONDHAND MATERIAL '; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on September 28, 1998, and voted unanimously to recommend that it 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 objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix "A" (Definitions) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting the following definitions: ANTIQUE: An object having special value or significance because of its age, made in a former period of at least 40 years ago. Such objects may include but are not limited to furniture, tableware, art, handicrafts, artifacts, linens, rugs, jewelry, curios, and vintage clothing and accessories. SECONDHAND MATERIAL: Objects and clothing of the modern period that have been previously used or worI1. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 ~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 , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 44-98 ND?ZONING ~ BOARDi MEMORANDUM STAFFi REPORT ': MEETING OF: SEPTEMBER 28, 1998 AGENDA ITEM: IV. !. AMENDMENT TO APPENDIX "A" (DEFINITIONS) OF THE LDRS, ADDING A DEFINITION OF "ANTIQUE" AND "SECONDHAND MATERIAL". The item before the board is an amendment to the Land Development Regulations section on Definitions (Appendix A), adding definitions of "antique" and "secondhand material". Pursuant to Section 1.1.6(A), the Planning and Zoning Board must hold a public hearing and make a recommendation on any amendment to the LDRs. There are several areas of the ~i~ in whioh "the sale of seoondhand material, other than verifiable antiques", is prohibited. These include businesses and prope~ies fronting along East Atlantio Avenue, West Atlantio Avenue (within the Redevelopment Area), and most recently, along N.E. 2nd Avenue (Pineapple Grove Way). However, the LDRs do not provide a definition that clearly specifies the difference be~en antiques and secondhand merchandise. The purpose of this amendment is to provide that clarification. The proposed amendment adds the following definitions to Appendix "A": ANTIQUE; ~n object having special value or significance because of it~ age, ~ade in a foyer pe~od of at least 40 yea~ a~o. 5uch object~ ~ay include but am not limited to furniture, tableware, ad, handicra~s, a~ifact~, linens, ~gs, jewels, cu~os, and vintage clothing and accesso~es. SECONDHAND ~ATERIAL; Objects and clothing of the modem pe~od that have been p~viously u~ed or wom. As pa~ of the background research for this item staff consulted dictionaries as well as local a~ and antique dealers. Webster's Dictiona~ defines an antique as "a work of a~ or handicraft more than 100 years old." However, businesses P&Z Board Memorandum Staff Report LDR Amendment RE: Definition of Antique/Secon61hand Materials Page 2 dealing in antiques, curios, and collectibles often deal in merchandise that, while not 100 years old, possesses a certain value because it is no longer being produced, or because it represents a past era. For example, 50's-style furnishings and objects have become quite popular in recent years, often selling for many times their original value. The purpose of the limitations on secondhand sales in the above described geographical areas is to restrict shops that are dealing in clothing and other items whose prices have been significantly discounted because they are used. It is felt that these types of stores are not consistent with the desired character of the downtown area. However, shops dealing in furnishings or artifacts that represent former pedods could well add to the artistic ambience. The proposed definition of antique places a minimum age of 40 years on merchandise being sold. While less restrictive than the dictionary definition, it will allow stores to sell period furnishings and items made through the 1950's. The definitions will provide the necessary clarification to facilitate enforcement of the restrictions on secondhand sales. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is largely corrective in nature, in that it is being processed to provide clarification for the enforcement of existing regulations. The existing regulations on secondhand sales are consistent with Goals, Objectives, and Policies of the Comprehensive Plan regarding appropriate uses for specific areas of the City [Reference Future Land Use Element Policies C-1.5 regarding the West Atlantic Redevelopment Area; C-4.1 pertaining to CBD zoning district regulations; and C-4.4 regarding the revitalization of the Pineapple Grove Main Street area]. This amendment will help to further those policies and therefore meets the required finding. , By motion, recommend to the City Commission approval of the proposed amendment to Appendix "A" (Definitions) of the Land Development Regulations, adding definitions for "Antique" and "Secondhand Material" as described in this report, based upon a finding of consistency with the Comprehensive Plan Future Land Use Element Policies C-1.5; C-4.1; and C-4.4. TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR ~ DEPARTMENT OF PLANNING AND ZONING SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 6, 1998 REZONING FROM R-I-A (SINGLE FAMILY RESIDENTIAL) TO MH (MOBILE HOME) FOR PROPERTY LOCATED AT 311 SE 12TH ROAD WITHIN THE FLORANDA TRAILER PARK. The subject property was included in Redevelopment Area #.4. The "Silver Terrace Redevelopment Plan", which includes this area, was adopted on March 6, 1996. Pursuant to the recommendations in the Redevelopment Plan, rezonings were enacted on September 17, 1996 by Ordinance ~40-96. Although the subject property contained a mobile home at the time, it was mistakenly included in the rezoning of adjacent lots to the west which contain single family homes, and was given an R-I-A zoning designation. Adjacent mobile homes to the south and east retained the MH (Mobile Home) designation. This error in the zoning designation was not discovered until the owner recently requested information related to replacing the existing mobile home. At its meeting of October 28, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony. After discussion, the Board voted 7-0 to recommend to the City Commission approval of the request. By motion, approve on first reading the ordinance for the rezoning from R-1-A (Single Family Residential) to MH (Mobile Home), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of October 20, 1998. Attachments: I~¢' ~ · P&Z Staff Report ~0~ ORDINANCE NO. 39-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE MH (MOBILE HOME) DISTRICT; SAID LAND BEING THE WEST 40 FEET OF THE EAST 120 FEET OF LOT 6, PLAT OF LAMBERT TRAILER COURT, LOCATED AT 311 SOUTHEAST 12TH ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of September 28, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of MH (Mobile Home) District for the following described property: The West 40 feet of the East 120 feet of Lot 6, according to the Plat of Lambert Trailer Court, recorded in Plat Book 22, Page 41, of the Public Records of Palm Beach County, Florida. The subject property is located at 311 S.E. 12th Road (approximately 450 feet west of U.S. Highway #1) within the Floranda Trailer Park; containing 0.11 acre, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. M A Y 0 R ATTEST: City Clerk First Reading Second Reading ~, - 2 - Ord. No. 39-98 GC ST. DELRA Y PLA CE M CONDOS S SIT OUAR~'ERS RlVl ~,o~ ,v~..,. POC .,ZI _ ~ , *-LORA~DA MH Ci CENTRAL A~. ~ ~IL~ ~ S.E, 12TH RD, PARK HARBOUR ( SIDE ~.- C DOMAINE 0 DELRA Y HARBOURS THE EDGE PLAZA BANYAN TREE A T LIN TON VILLA GE DELRA Y WOODS I TREELANE R M HARBOURS EDGE OLD HARBOUR PLAZA LINTON BOULEVARD N - REZONING - ~ W. 40' OF E. 120' OF LOT 6, LAMBERT TRAILER COURT CIT~ 0~' D~LRAY BEACH, Fi. la,..ANNI#G a ZONINI:; DEPAR?M£NT FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: MH (MOBILE HOME) -- ,O/G/TAr. ~ MAP 5')'~"4~ -- MAP REF: LM273 PLANNING AND ZONING BOARD CITY OF DELF Y BEACH ---STAFF REPORT--- MEETING DATE: September28, 1998 AGENDA ITEM: IV.C. ITEM: Rezoning from R-1-A (Single Family Residential) to MH (Mobile Home) for a Residential Lot within Lambert Trailer Court (a.k.a. Floranda Trailer Park), Located on the North Side of S.E. 12th Road, Approximately 450 Ft. West of Federal Highway (U.S. 1). -r GENERAL DATA: Owner ..................................... B. & Josefa Santiago ~.~ .~; Applicant ................................. City of Delray Beach, SE. 10TH ST. David Harden, City Manager ~ Location .................................. 311 S.E. 12th Road, l~f"-- ~ ~,ACE ! I Approximately 450 ft. west of i~ ,.,~ co~oos Ir -' I Federal Highway (U.S. 1) /i, SITE- Property Size .......................... 0.11 Acre ¢i~" ~ Land Use Map Designation .... Transitional Existing Zoning .......................Residential)R-1-A (Single Family ! !~,sI i *-~°~,~'~A Proposed Zoning .................... MH (Mobile Home) iii ~ ~ // Adjacent Zoning ............ North: RM (Medium Density iil / Residential) ~,~.~ ~ I ~. / ~,~ouR East: MH South: MH / ,¢~' / DOMAINE West: R- 1-A T.E /'~"/ Existing Land Use .................. Residential Mobile Home ~'"~ / ~/ Proposed Land Use ................ Corrective rezoning O~'~ / / / / BANYAN TREE Water Service ......................... N/A. / / LINTON V~LLA~ Sewer Service ......................... N/A. / /~ / EDCE LIN TON BOULEVARD IV.C. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a rezoning request from R-1-A (Single Family Residential) to MH (Mobile Home) for the property located at 311 SE 12th Road within the Floranda Trailer Park. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. ![: :.'i ! :::: BACKGROUND: The subject property is described as the West 40 Ft. of the East 120 Ft. of Lot 6, Lambert Trailer Court. The Lambert Trailer Court is now known as the Floranda Trailer Park. There is an existing mobile home on the property. It is bordered by mobile homes to the east and south, a single family home to the west and an undeveloped parcel to the north. The Comprehensive Plan requires that a redevelopment plan be completed for all designated redevelopment areas within the city. The subject property was included in Redevelopment Area #4. The "SEver Terrace Redevelopment Plan", which includes this area, was adopted on March 6, 1996. As part of the planning process, all properties within the redevelopment area were analyzed with respect to their current use and appropriate zoning designation. Pursuant to the recommendations in the Plan, rezonings were enacted on September 17, 1996 by Ordinance #40-96. Although the subject property contained a mobile home at the time, it was mistakenly included in the rezoning of adjacent lots to the west which contain single family homes, and was given an R-1-A zoning designation. Adjacent mobile homes to the south and east retained the MH (Mobile Home) designation. This error in the zoning designation was not discovered until the owner recently requested information related to replacing the existing mobile home. The proposal under consideration at this time is to rezone the property back to its former MH (Mobile Home) designation. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the. body which has the authority to approve or deny the development application. These findings relate to the following four areas. P & Z Board Staff Report Rezoning from R-1-A to MH for Santiago Property Page 2 Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use designation for the subject property is Transitional. The requested zoning change is from Single Family Residential (R-l-A) to Mobile Home (MH). The proposed zoning designation of MH is consistent with the Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. There is an existing mobile home on the property. The proposed rezoning will not increase the potential density or the demand for services and facilities. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezonin.q Actions): Standards A, B and C are not applicable with respect to the rezoning request. The applicable performance standard of this section is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is located within an existing mobile home park and contains an existing mobile home. With the exception of a few single family homes to the west of the subject property, the mobile home park is made up exclusively of mobile homes. The vacant property to the north is zoned RM (Multiple Family Residential - Medium Density). Under these conditions, compatibility with surrounding land uses is not an issue. Section 2.4.${D)¢$) {Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: P & Z Board Staff Report Rezoning from R-I-A to MH for Santiago Property Page 3 a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The property was rezoned in 1996 pursuant to the "Proposed Zoning Map" contained in the Silver Terrace Redevelopment Plan. However, language within the Plan indicates that there was an error on the map. The Redevelopment Plan states: The Floranda trailer park will remain in the MH district. MH zoning is inappropriate, however, for the single family structures and lots along 12th Road. Those parcels will be rezoned to R-1-A (Single Family Residential) to reflect current conditions. Although the subject property contained a mobile home at the time, it was mistakenly included in the rezoning of adjacent lots to the west which contain single family homes, and was given an R-1-A zoning designation. Adjacent mobile homes to the south and east retained the MH (Mobile Home) designation. The intent of the Redevelopment Plan was to make the zoning more compatible with existing uses. It did not seek to eliminate existing mobile homes as a permitted use in the area. Additionally, the plan did not indicate that there was anything unique about the subject property that would warrant its rezoning to single family. Therefore a positive finding can be made with respect to this section pursuant to reason "a"-- "that the zoning was changed in error." Compliance With Land Development Re.qulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The owner of the subject property recently requested information from the City on the potential of replacing the old existing mobile home with a new mobile home or constructing a single family home on the lot. Under the current R-1-A zoning designation, the existing mobile home is a nonconforming use and can not be replaced. Additionally, a single family home can not be constructed on the lot since it is only 40 feet wide and does not meet the minimum lot dimensions in the R-1-A district. Therefore, it is not possible to establish a conforming use on the lot. P & Z Board Staff Report Rezoning from R-1-A to MH for Santiago Property Page 4 It was not the intent of the Redevelopment Plan to place this burden on the property owner. Rezoning the property back to its original MH (Mobile Home) designation will make the existing use and the lot conforming with respect to the Land Development Regulations. Then, under the MH zoning, the deteriorated mobile home may be replaced. Comprehensive Plan Policies: ^ review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were noted. Future Land Use Element Policy C-1.6 - The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center, The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Designations, zonings, and special development standards for the redevelopment area. Future Developments in the area must be in accordance with the provisions of the redevelopment plan. As stated earlier, the subject property was rezoned pursuant to an error on the proposed zoning map contained in the Silver Terrace Redevelopment Plan. The current proposal to rezone the subject back to its original MH (Mobile Home) designation is consistent with the applicable text contained in the Redevelopment Plan, which describes the proposed zoning for the Floranda Mobile Home Park. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Courtesy Notices: Courtesy Notices have been provided to the following homeowner's and civic associations: · June Carr- Silver Terrace Homeowners Association · Derek Hemandez- Osceola Park · Patricia Kelly- Delray Harbor Club · Paul Gerblick- Harbourside · Cornelius Wagnre- Domain Delray P & Z Board Staff Report Rezoning from R-1-A to MH for Santiago Property Page 5 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ![ ~' A.SSESSMENT: AND CONCLUSIONS ~ = Ji The rezoning from R-1-A (Single family Residential) to MH (Mobile Home) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(D)(5) "Rezoning Findings", that the is more appropriate given the circumstances particular to the site. ALTERNATIVE ACTIONS ]! A. Continue with direction. B. Recommend rezoning the Santiago Property at 311 SE 12th Road from R-1-A (Single Family Residential) to MH (Mobile Home), based on positive findings with respect to Section 2.4.5(D)(1)"Rezoning Findings", Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of a rezoning, based on a failure to make positive findings. STAFF R ECOMM NDATION: : : E Recommend approval of the rezoning request for the Santiago Property at 311 SE 12th Road from R-1-A (Single Family Residential) to MH (Mobile Home), based upon positive findings with respect to Section 3.1.1 "Required Findings", Section 3.3.2 "Standards for Rezoning Actions", and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: · Location/Zoning Map Report prepared by: Ron Hoq.qard, Senior Planner TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DI ECTO/~ DEPARTMENT OF PLANNING AND ZONING FROM: J~ET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 6, 1998 ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY CHO-8 (COMMERCIAL HIGH OFFICE - 8 DUIAC) AND MR-5 (MEDIUM RESIDENTIAL - 5 DUIAC) TO CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC), AND INITIAL ZONING OF RM-S (MEDIUM DENSITY RESIDENTIAL - 8 DUIAC). The vacant 8.64 acre property is located in unincorporated Palm Beach County, having a County Future Land Use Map designation of CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential) and CliO (Commercial High Intensity Office). The property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility (ALF) and Adult Day Care. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of September 28, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. Several residents of the adjacent neighborhoods spoke in favor of the proposed use. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) to City MD (Medium Density Residential 5-15 du/ac), and the application of an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of October 20, 1998. Attachments: P&Z Staff Report and Documentation of September 28, 1998 & Ordinance by Others · ORDINANCE NO. 40-98 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 BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTI~LY 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, William F. Koch, Jr. and Mary Lou F. Koch, his wife, are the fee-simple owners of a 8.68 acre parcel of land located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; and WHEREAS, Mark Fassy, Glanzrock Corporation, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of CHO/8 (Commercial High Office/Residential 8 units/acre), in part, and MR-5 (Medium Residential - 5 units/acre), in part; and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 units/acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS pursuant to LDR Section 2.2 2(6) the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of September 28, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A portion of the West One-Half (W 1/2) of the West One-Half (W 1/2) of the Southeast One Quarter (SE 1/4) of the Southeast One Quarter (SE 1/4) of Section 14, Township 46 South, Range 42 East and described as follows: COMMENCE at the Northwest corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of said Section; thence South 00 degrees 20'37" East, along the West line of the aforesaid Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), a distance of 251.73 feet to the POINT OF BEGINNING; Thence North 89 degrees 14'31" East, a distance of 334.49 feet; thence South 00 degrees 21'24" East, to a point on the South line of said Section 14, a distance of 1130.46 feet; thence South 89 degrees 12'59" West along said South line of Section 14 to a point on the West line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), a distance of 334.76 feet; thence North 00 degrees 20'37" West, a distance of 1130.61 feet to the POINT OF BEGINNING. - 2 - Ord. No. 40-98 The subject property is located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; containing 8.68 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities,' ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5-12 units/acre). Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 3 - Ord. No. 40-98 Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 40-98 z MD K-MAR T -J DELRA Y J -- $OUAR£ ~ PLAZA rY '~', - GC EXECU TI YE CARNIVAL OF $OUAR£ FLEA DELRA Y .... MARKET ,,. MURAL ~ UNION WEST ATLANTIC AVENUE ~OU~UST ~ANK T~,N .~ i~ ~ PINES ~ DELRA Y ~ST ~ ~ST PLAZA ~ PLAZA ~ ~ LINCOLN RD. c'1¢ HIr~''' I :~ I III =~ WkSHIN~T~ ROAD ~ IIII I i~ III ~ I'- ............ F .... * ~ N PALM GARDENS AT DELRAY ~ FUTURE ~ND USE MAP AMENDMENT ~LRAY BIAS. FL FROM: COU~ CHO/~ (COMM[RC~ HIGH OFFIC[/B UNITS PER ACRE) · COUN~ MR-5 (MEDIUM D[NS~ RESIDing-5 UN~S PER ACRE) Z~NG DEPONENT TO: C~ MD (MEDIUM DENS~ R[SID[~I~ 5-12 UN~S PER ACE[.) DELRAY 50UARE PLAZA PC POC PC C OS N PALM GARDENS AT DELRAY ~ ANNEXATION WITH INITIAL ZONING OF RM-8 ~TY O~ I~-.I. RAY B[ACI.I. FL (MEDIUM DENSITY RESIDENTIAL-B UNITS/AC.) PLANNIN(~ & ZONING ~[PARTM[NT · ' PLANNING AND ZONING BOARD · CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 28, 1998 AGENDA ITEM: tV.E. ITEM: Future Land Use Map Amendment from County CliO/8 (Commercial High Office/ Residential 8 Units/acre) and MR-5 (Medium Residential-5 units/acre) to City MD (Medium Density Residential 5-12 units/acre), and Associated Annexation with Initial Zoning of RM-8 (Medium Density Residential-8 units/acre) for Palm Gardens at Delray, a Proposed Assisted Living Facility And Adult Day Care, Located Approximately 280 ft. South of West Atlantic Avenue, Between Military Trail and Markland Lane. GENERAL DATA: Owner ........................................ W.F. Koch, Jr. & Mary L. Koch Agent/Applicant ...................... Glanzrock Corp., Mark Fassy Location ...................................... Approximately 280 ft. south of West *'A~K~LAC~ Atlantic Avenue, between South CA~~,VALO~ FLEA D£LRA Y Military Trail and Markland Lane Property Size .............................. 8.68 Acres ~-~ r.._~ ~-~ F~ Existing County Future Land Use CHO/8 (Commercial High Map Designation Office/Residential 8 units/acre) and ........................ MR-5 (Medium Residential-5 units, re, Proposed City Future Land Use MD (Medium Density Residential Map Designation ......................... 5-12 units/acre) ~~ ~ - Existing County Zoning ............... CliO (Commercial High Office) & AR (Agricultural Residential)~i ' ............... Proposed City Zoning ................. RM-8 (Medium Density Residential-8 units/acre) o ~~ ~, Adjacent Zoning ................ North: City POC (Planned Office Center) East: City PC (Planned Commercial) and -- - County AR (Agricultural Residential) South: County RS West: County AR III I I lilllllli'i~l I'i~lll~ Existing Land Use ...................... Vacant II Proposed Land Use .................... Future Land Use Map Amendment to MD and Annexation with initial zoning I [~ of RM-8 to obtain City services for the construction of an assisted living I(I I ,, .; facility and Alzheimers/Dementia ..~o. ..... ~_~__ and landscaping. ''-"-'- I ..... Water Service ............................. Available via connection to an existing 6" water main at the t I I III III II I 111111 southwest corner of the shopping center to the east. Sewer Service ............................. Available via connection to an existing 8" sewer main along the west i/// property line of the shopping center to the east The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential- 5 du/ac) to City MD (Medium Density Residential 5-12 du/ac) with initial zoning of RM-8 (Medium Density Residential - 8 du/ac). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The 8.64 acre property is located 280' south of West Atlantic Avenue, approximately 1,000' west of Military Trail. The subject property is an 8.64 acre vacant parcel located in unincorporated Palm Beach County, and within the City's Planning Area. It has a County Future Land Use Map designation of CliO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential) and CliO (Commercial High Intensity Office). The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility (ALF) and Adult Day Care. The ALF and Adult Day Care uses require Conditional Use approval, which is addressed in a separate report. Current Land Use Designations: The current County Land Use Map designation for the property is County CliO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac. The current City "advisory" Future Land Use designation for this property is TRN (Transitional). Requested Land Use Designation: The requested Future Land Use Map change is to City MD (Medium Density Residential 5-12 du/ac). Florida Statutes 163,3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. ~ The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. The property that is the subject of a proposed amendment is not located within an area of critical state concern. The FLUM amendment involves an 8.64 acre area, thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The proposed amendment to Medium Density Residential 5-12 du/ac (MD) is being processed concurrently with a request for annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to accommodate an assisted living facility, which is allowed as a conditional use. While the amendment involves a residential land use that could potentially exceed 10 units per acre, the proposed zoning limits the density to 8 du/ac. The MD land use designation allows zoning districts, which include single family -- Iow and medium density, and multiple family developments. The amendment does not involve a text change to the Comprehensive Plan, and deals with a site specific small scale amendment activity. The property is not located within a designated redevelopment or traffic concurrency exception area, nor is it within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The Medium Density Residential 5-12 du/ac Future Land Use Map designation is consistent with the proposed RM-8 zoning designation. The proposed use (assisted living facility) is allowed as a conditional use within the RM-8 zoning district. "Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 Consistency between the City and County Land Use Designations: The City's MD land use designation is consistent with the County's CHO-8 and MR-5 Land Use designations in that Medium Density Residential uses are allowed under each Land Use category. The current "advisory" Transitional designation allows multiple family development as well as office and limited commercial development. The current City' FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adjacent Land Use Map Designations, Zoning Designations & Land Uses: North: Property north of the subject property has a City land use designation of GC (General Commercial) and is zoned PC (Planned Commercial). The property is developed with a bank (Sun Bank). South: Property o the south, across the L-34 Canal, has a County land use designation of MR-5 (Medium Residential 5 du/ac) and a County zoning designation of RS (Single Family). The existing land use is a single family development (Country Club Acres). West'. The abutting properties to the west have a Palm Beach County land use designation of MR-5 (with an advisory City land use designation of Transitional) and a City land use designation of GC (General Commercial). The properties are zoned County AR (Agricultural Residential) and City POC (Planned Office Center). The existing land uses are single family residences (Breezy Acres Subdivision) and Sun Trust Bank. East: The abutting properties to the east have a Palm Beach county land use designation of MR-8 (with an advisory City land use designation of Transitional) and City land use designation of GC (General Commercial). The properties are zoned County AR (Agricultural Residential) and City PC (Planned Commercial). The existing land uses are a single family subdivision and a commercial development (Points West Plaza). Allowable Land Uses: Under the proposed Medium Density Residential 5-12 alu/ac land use designation, residential zoning districts, which accommodate single family and multiple family units (R-I-A through R-l-AAA, RL, PRD, and RM), are allowed. The applicant has requested an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). This zoning designation is consistent with the proposed land use designation. "Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: r3 Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis.. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal involves annexation of property, which requires changing the FLUM designation from County to City. The current County FLUM designation is CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential- 5 du/ac) and the current City "advisory" designation is Transitional, which allows residential (single and multiple family, offices, and limited retail). The proposed City FLUM designation of MD is consistent with the current County CliO-8 and MR-5 designations. The County designation of CHO-8 allows offices or a residential development up to 8 du/ac. While the proposed FLUM and zoning designations are consistent with the goals, objectives and policies of the Comprehensive Plan, the proposed use of the property (assisted living facility and adult day care) is inconsistent with certain policies of the Housing Element. These policies and mitigating factors related to this particular property are discussed within the Conditional Use report for the ALF. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property is heavily wooded with Slash Pines. The only viable plant community (i.e. understory growth) is located along the south property line with an undulating depth of 20'-35'. LWDD is requesting that the southern 20' of the property be dedicated as additional canal right-of-way. The balance of the property contains scattered Slash Pines that should be saved to the greatest extent possible. Mitigation to reinstate the viable plant community (which will be lost with the LWDD dedication) somewhere else on site will be required and can further be addressed with the site plan request. The property can be developed in a manner that will be complementary to the adjacent residential area with some changes to the proposed sketch plan. However, the use as an assisted living facility does not fulfill a remaining land use need identified within the City's Comprehensive Plan. With review of a specific development proposal this policy will be revisited. Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 l'-I Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. As previously stated, the proposed ^LF is inconsistent with policies of the City's Comprehensive Plan regarding adult oriented communities. However, LDR Section 3.1.1(C)(Consistency) states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of an assisted living facility, Conditional Use approval is required and Consistency is discussed further within that report. El Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the MD land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of RM-8, which will be limited to a maximum of 8 units per acre. ~ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility with the commercial development to the north is not a concern. Compatibility with abutting residential properties is a concern based on the overall size and massing of the proposed building. There are landscape regulations in place that can help to mitigate any potential adverse impacts, however, the size and scale of the development needs to be addressed further with the Conditional Use and site plan analyses. I-I Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use and site plan approval request. There should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. E} The property is contiguous with the City along the north and a portion of the east and west property lines. The property does have unincorporated areas to the south and east. However, the subject property, as well as the property to the east is considered to be two distinct enclosures under the definition of enclosure FS. 171.131 (31)(2). Each of these properties either abuts property within the municipalities and has manmade obstacles (platted properties or canals) which allow access only through the municipality. The annexation of this property will eliminate one exiting enclave in its entirety. r3 Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "D" ( as identified in FLUE Policy B3.5) on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. "Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station ~ at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along Atlantic Avenue and from a main extension from an existing 8" main located behind the Firestone building to the east. Along the new mains, fire hydrants must be installed with a maximum spacing of 300 feet for the proposed assisted living facility as well as a fire sprinkler system within the building. If 3-story multi-family structures are constructed, a fire hydrant spacing of 300 feet will be required, and 400 feet for multi-family structures up to 2-stories. Also, looping of the main internal to the site for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewer service is available north of the site via an existing 8" sewer main. With future development, the installation of sewer main extensions to the west and south property lines may be required. The applicant's engineer will need to determine if the existing system can handle the demands of this development or if the installation of a lift station will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build- out. Streets: This property has access to Atlantic Avenue, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted comparing the development potential under the county and proposed city land use and zoning designations upon the maximum number of residential units allowed under the proposed RM-8 zoning, which would be 69 units generating 484 average daily trips. The annexation will not result in any increase development potential. A detailed traffic study was submitted for the ALF conditional use request. The proposed assisted living facility will generate a total of 679 average daily trips. Atlantic Avenue is operating at Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 LOS "D", which can accommodate the vehicular trips generated by the proposed development. Parks and Open Space: The annexation of the property to accommodate an assisted living facility will not create an additional impact on park and recreational facilities. The stated intended use of the property is as an assisted living facility, which typically do not impact the park system. However, even if the property were developed to accommodate permanent residential units, these units would not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of the potential residents have already been factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. If the parcel is ultimately developed as homes or apartments, a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will change, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1998 tax year the subject property had an assessed value of $388,475. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5764 Deleted (County) Library .4997 Deleted (County) City Of Delray Beach 6.9100 Added (City) City of Delray Beach Debt .7900 Added (City) 4.6239 Difference* * Total tax millage in the County is 19.8597 mills while in the City the total millage rate is 24.4836 mills. The current yearly ad valorem taxes are $ 7,714.99. VVith annexation the yearly ad valorem taxes will be $ 3,768.67; a tax difference of $1,796.28. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. For non-residential units the fee is calculated using Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not immediately imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are serviced by Sunburst (pursuant to new contract awarded on May 13, 1998), and the City's contract is currently through BFI (Browning-Ferris Industries). Pursuant to Florida Statute 171.062 (4)(a)"if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the annexation was to occur before the six month, the waste service provider will change with annexation to BFI. Occupational License Fees - The proposed assisted living facility will require an occupational license. This license will be in addition to the current County license fee required for an assisted living facility of approximately $30 per year. The City license fee for the facility is $125. If the property is developed for owner-occupied residential purposes, an occupational license will not be required. Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$1,796.28 (Change from 97/98 County of 19.8597 to City 97/98 rate 24.836 mills.(4.7239) NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $125.00 ANNUAL FINANCIAL IMPACT: +$1,921.28 Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt rate of 0.79 mills, the vacant property will generate approximately $2,991.26 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The proposed City zoning designation is RM-8 (Medium Density Residential - 8 du/ac) while the current County zoning designation is AR (Agricultural Residential) and CHO (Commercial High Intensity Office). The surrounding zoning designations are County AR and City POC (Planned Office Center) to the west; County AR and City PC (Planned Commercial) to the east; City POC to the north; and County AR to the south. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: · Planning and Zoning Board Staff repot[ Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-8 zoning designation is consistent with the proposed Medium Density Residential 5-12 du/ac land use designation. The proposed assisted living facility is allowed as a conditional use within the RM zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, and streets/traffic will be provided. Fire, EMS, solid waste and police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property is currently vacant. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section' 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standard B and C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within a stable residential area shall be denied. The subject property and the residential properties to the east and west are not designated on the Neighborhood Categorization Map. However, the property to the south (County Club Acres) is noted as Stabilization. The rezoning request involves the application of an initial zoning designation in conjunction with the Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 annexation request. The proposed RM-8 zoning designation will be consistent with the proposed MD Future Land Use Map designation and is appropriate given the adjacent City zoning districts. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM-8 zoning designation will accommodate the proposed assisted living facility as a conditional use. Compatibility with the adjacent residential development will relate to the ultimate density of future development. The development potential of the property under the County's CHO-8 and MR-5 land use designation is 54 residential units, which is similar to the maximum allowed under the proposed RM-8 zoning district of 69 units (it is noted that beds within ALF are not considered individual units). The City's RM zoning district has a range of 6-12 units per acre, with the maximum density determined at the time of site plan approval, based upon compatibility with surrounding properties, or application of a density suffix through the rezoning process. It is appropriate to apply the density suffix of 8 units per acre given the following: a) that the subject property is bordered to the north, northeast and northwest by existing commercial developments; b) that the County's underlying land use of MR-8 to the east is equivalent to the proposed zoning of RM-8; and c) that the County's underlying land use of MR-5 to the west is of a similar density to the proposed RM-8 zoning designation and that sufficient regulations exist to mitigate any negative impacts. Regulations which help mitigate impacts include a minimum 15' (side interior) and 25' front and rear building setback. Further, if the property is developed as an assisted living facility, trees must be planted every 25' within the landscape strips abutting the single family residences to the east, west and south. Compatibility of a specific development proposal with the adjacent developments will be appropriately addressed with the review of the Conditional use and site and development plan requests. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; " Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood, The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate zoning designation also be applied. The RM-8 zone designation is being sought as it is consistent with the existing County AR and CHO zoning designations and the proposed City Medium Density Residential 5-12 du/ac Future Land Use Map designation. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. With annexation (change of circumstance) a City zoning designation must be applied. The requested zoning is of similar intensity as that allowed under the proposed City Medium Density FLUM designation. The RM-8 zoning is more appropriate for the property and is of similar intensity as allowed under the County's zoning designations to the south, east, and west. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainage District: Lake Worth Drainage District reviewed the annexation application and requested a dedication of 20' along the south property line of the subject property for the L-34 Canal. The applicant has voluntarily agreed to this provision. Palm Beach County Notice: On September 17, 1998 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: C} Country Club Acres El Greensward Village Condominium Association (within The Hamlet development) Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 I~1 Hamlet Residents Association El Highpoint West El PROD (Progressive Residents of Delray) El Presidents Council Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residential 5-12 du/ac Future Land Use Map designation is less intense than development that is allowed under the current City advisory designation of Transitional. The application of an initial zoning designation of RM-8 is consistent with the proposed FLUM designation. While the FLUM and Zoning designations will be consistent with the City's Comprehensive Plan, the proposed use as an assisted living facility, is inconsistent with Housing Element Policy B-2.2 and Future Land Use Element Objective A-1. However, a finding of overall consistency with the Comprehensive Plan can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweigh the negative impacts of the identified points of conflict. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for residential purposes, stormwater assessment fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $2,991 a year. With development of the property, infrastructure improvements, which include water and sewer main extensions from Atlantic Avenue, will be required. If the annexation is approved, Conditional Use approval is being sought and is discussed under a separate report. A site and development plan submittal will also follow. Compatibility of a spedrfic development proposal with the adjacent developments will be addressed with the review of the Conditional Use request and again with a site and development plan request. Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 J , ,: : A E~:T ER NATI:V:E~:A:C:TI.ONS:: J A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County CHO-8 and MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County CHO-8 and MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac), based upon a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the proposed use is inconsistent with Housing Element Policy B- 2.2. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County CHO-8 and MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: · Future Land Use Map · Zoning Map This Report prepared by: Janet Meeks, Senior Planner TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGU EZ, DIRECTOR OF PLAN NING AN ~ ~/(~N~'~.~. FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER~'~~~ SUBJECT: MEETING OF OCTOBER 6, 1998 REZONINGS FOR A PORTION OF CITATION CLUB AND HAMMOCK RESERVE PROPERTIES, LOCATED ALONG ORCHARD LANE, APPROXIMATELY 600 FEET EAST OF MILITARY TRAIL. The action requested of the City Commission is that ofapproval of corrective rezonings for 2 parcels of land totaling 0.72 acres, associated with the Citation Club and Hammock Reserve developments. The request involves a rezoning of the Hammock Reserve parcel from RM-10 (Medium Density Residential-10 du/ac) to PRD-5 (Planned Residential Development-5 du/ac), and a rezoning of the Citation Club parcel from PRD-5 to RM-10. The rezonings are being processed in conjunction with associated Future Land Use Map amendments involving two parcels of land each containing 0.36 acres which are located within approved developments known as Citation Club and Hammock Reserve. The corrective amendments and rezonings are a result of the final alignment of a private road (Orchard Lane) which connects Military Trail with Linton Boulevard. The alignment of the road split the corners of each development leaving triangular parcels on both sides of the road which were owned by opposite developments. At its meeting of July 7, 1998, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) in conjunction with Comprehensive Plan Amendment 98-1, the corrective FLUM amendments. There were no comments made by DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at the October 20th City Commission meeting. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of June 15, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of FLUM amendment and rezoning requests. There was no public testimony regarding the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for rezonings from RM-10 to PRD-5 and PRD-5 to RM-10, based upon the findings and recommendation by the Planning and Zoning Board. Attachments: P & Z Staff Report and Documentation of June 15, 1998 & Ordinance by Others /,~. ~). ORDINANCE NO. 42-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELPJ%Y BEACH, FLORIDA, REZONING TWO PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RM-10 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY WITH A DENSITY SUFFIX OF 10 DWELLING UNITS PER ACRE) TO PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT - 5 UNITS PER ACRE), AND FROM PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT - 5 UNITS PER ACRE) TO RM-10 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY WITH A DENSITY SUFFIX OF 10 DWELLING UNITS PER ACRE), RESPECTIVELY, ASSOCIATED WITH THE CITATION CLUB AND HAMMOCK RESERVE DEVELOPMENTS; SAID PARCELS OF LAND BEING LOCATED ALONG ORCHARD LANE, APPROXIMATELY 600 FEET EAST OF MILITARY TRAIL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the properties hereinafter described are shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned RM-10 (Multiple Family Residential - Medium Density with a density suffix of 10 dwelling units per acre) and PRD-5 (Planned Residential Development - 5 units per acre), respectively; and WHEREAS, at its meeting of June 15, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend that the properties hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classifications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ;kS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of PRD-5 (Planned Residential Development - 5 units/acre) for the following described parcel of land: AREA A (Han~nock Reserve) A parcel of land lying within the Plat of Citation Club as recorded in Plat Book 76, Pages 181 thru 187, Public Records of Palm Beach County, Florida, and lying in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, said parcel being more particularly described as follows: Beginning at the Southwest corner of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of said Section 25; also being a southwesterly corner of the Plat of Citation Club as recorded in Plat Book 76, Pages 181-187, Public Records of Palm Beach County, Florida; thence North 01 degrees 23'47" West, along the West line of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of said Section 25, also being a boundary line of said plat of Citation Club, a distance of 184.88 feet; thence South 38 degrees 31'21" East, a distance of 63.95 feet to the point of curvature of a curve concave to the Northeast; thence Southeasterly along the arc of said curve having a central angle of 28 degrees 14'29" and a radius of 440.53 feet, a distance of 217.14 feet to a point on the south line of said Citation Club; thence South 88 degrees 47'15" West, along said South line a distance of 206.23 feet to the Point of Beginning afore described. Containing 0.36 acre, more or less. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of RM-10 (Multiple Family Residential - Medium Density with a density suffix of 10 dwelling units per acre) for the following described parcel of land: AREA B (Citation Club) A parcel of land lying within the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, said parcel being more particularly described as follows: - 2 - Ord. No. 42-98 Commencing at the Southwest corner of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of said Section 25 also being a Southwesterly corner of the Plat of Citation Club as recorded in Plat Book 76, Pages 181-187, Public Records of Palm Beach County, Florida; thence North 01 degrees 23'47" West, along the West line of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of said Section 25, also being a boundary line of said Plat of Citation Club, a distance of 184.88 feet to the Point of Beginning of the parcel to be herein described; thence continue North 01 degrees 23'47" West, a distance of 151.48 feet; thence South 88 degrees 46'29" West, along a boundary line of said Plat of Citation Club, a distance of 223.04 feet; thence South 38 degrees 31'21" East, a distance of 78.62 feet; thence North 88 degrees 46'29" East, a distance of 108.11 feet; thence South 38 degrees 31'21" East, a distance of 111.81 feet to the Point of Beginning afore described. Containing 0.36 acre, more or less. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sections 1 and 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 24-98 which adopts Comprehensive Plan Amendment 98-1, under which official land use designations of I/) (Low Density Residential 0-5 du/acre) for Area A and TRN (Transitional) for Area B are affixed. - 3 - Ord. No. 42-98 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 42-98 LINTON BOULEVARD South Trust Bonk ~. "LAZA POC ' "' ' SAD N CITATION CLUB ~ -- PROPOSED REZONINGS - ~ ~ D~LRAY BE~, FL . PLANNIN~ &Z~"N= ~*RmE"T ~ FROM: RM-10 TO: PRD-5 ~ FROM: PRO-5 TO: RM-1O PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 15, 1998 AGENDA ITEMS: IV.A.2. & IV.A. 2.a Future Land Use Map Amendments from TRN (Transitional) to LD (Low Density Residential, 0-5 units/acre), and LD to TRN, and Associated Rezonings from RM-10 (Medium Density Residential- 10 units per acre) to PRD-5 (Planned Residential Development o 5 units per acre), Related to the Alignment of Orchard Lane within the Citation Club & Hammock Reserve Developments, Located on the East Side of Military Trail, South of Linton Boulevard. LINT: N ~ OUL A GENE~L DATA: ~ ~.~'~'~" =o~.~.~ I ~ . Owner .............................................. Beztek and DiVosta ~- so~ m~.~ ,~-. , Applican~Applicant .......................... Ci~ of Delray Beach, David Harden, Ci~ Manager , =~.~ ~,~o Lo,at,on ........................................... The subject parcels are located along Orchard Lane, approximately 600 feet east of Milita~ Trail. Prope~ Size ................................... 0.72 Acres (~o 0.36 acre parcels) F.L.U.M. DesignatiOns ..................... TRN (Transitional) & LD (Low Densi~ 0-5 units/acre) Proposed F.L.U.M. Designation ...... LD & TRN Current Zoning ................................. RM-10 (Medium Densi~ Residential- 10 units/acre) & PRD-5 (Planned Residential Development- 5 units/acre) Proposed Zoning ............................. PRD-5 & RM-10 Adjacent Zoning ..................... No~h: RM-10 East: RM-10 South: PRD-5 West: PRD-5 ~ ' I ~ ~ ~ Existin~ Land Use ........................... Road right-of-way for Orchard Lane and Open Space Proposed Land Use ......................... Co~ective Future Land Use Map Amend~n~ and Rezonin~s related P E L - to ~e alignment of Orchard Lane. ~ Watgr S_~c ................................... n/a. ~ / ~. / The action before the Board is making a recommendation to the City Commission on corrective Future Land Use Map amendments and rezonings on 2 parcels of land totaling 0.72 acres, associated with the Citation Club and Hammock Reserve developments. The request involves a FLUM amendment for the Hammock Reserve parcel from TRN (Transitional) to LD (Low Density Residential) and rezoning from RM-10 (Medium Density Residential- 10 du/ac) to PRD-5 (Planned Residential Development - 5 du/ac). The FLUM amendment for the Citation Club parcel is from LD to TRN, and the associated rezoning is from PRD-5 to RM-10. The subject parcels are located along Orchard Lane, approximately 600 feet east of Military Trail. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. The Future Land Use Map amendments and rezonings involve two parcels of land each containing 0.36 acres which are located within approved developments known as Citation Club (zoned RM-10 with an underlying FLUM designation of Transitional)- and Hammock Reserve (zoned PRD-5 with an underlying FLUM designation of Low Density Residential). The corrective amendments and rezonings are a result of the final alignment of a private road (Orchard Lane) which connects Military Trail with Linton Boulevard. The alignment of the road split the corners of each development leaving triangular parcels on both sides of the road which were owned by opposite developments. VVhen Hammock Reserve platted their property it was identified that the developers had land swapped the parcels. The 0.36 acre portion associated with the Citation Club is incorporated into an open space area, and the 0.36 acre portion associated with Hammock Reserve is a portion of the main roadway (Orchard Lane). This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 2 Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. In conjunction with the Future Land Use Map amendments, rezonings to PRD-5 and RM-10 are being sought. The FLUM amendments and rezonings are being processed concurrently to eliminate existing inconsistencies between the FLUM and zoning designations as they relate to their respective developments (Citation Club and Hammock Reserve). The areas which are being changed contain open space and a roadway. These land areas are part of larger developments in which the land uses and resulting structures are consistent with the proposed FLUM and zoning designations. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: El Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and' FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need --. must be supported by data and analysis. This policy shall not appl~ to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM and zoning designations of the respective properties are currently inconsistent with the intensity of use of the overall developments. This is a corrective amendment which applies Future Land Use Map designations which will reflect the current use and intensity of the properties. El Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan as it applies Future Land Use Map designations which reflect the current intensity of use. El Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The subject properties are portions of developed projects. The parcels have been swapped by the two developments. The two projects are currently developed at their highest intensity, based upon their existing zoning designations. Citation Club P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 3 is zoned RM-10 and contains an apartment complex with a density of 10 units per acre, and the portion of the Hammock Reserve under consideration is zoned PRD-5 and is developed at 5 units per acre. At the time of Annexation of both properties, positive findings were made with respect to Concurrency. The proposal replaces one land use designation with the other and visa-versa. Thus, positive findings can be made with respect to concurrency. El Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM and zoning designations will be consistent and compatible with their respective developments. Required findings of Compatibility were made with each development approval and no intensification of the development is proposed. El Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. The existing developments comply with the provisions and requirements of the Land Development Regulations. No intensification of the development is proposed. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4~5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. P & Z Board Staff Repot[ Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 4 Comprehensive Plan Policies; Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment Analysis section of this report. .Section 3.3.2 (Standards for Rezonin~o Actions): Standards A, B and C are not applicable with respect to this rezoning request, as the rezonings are corrective in nature. The applicable performance standard of Section 3.3.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The requests for rezoning and their associated FLUM amendments will eliminate existing incompatibilities. These changes will result in FLUM and zoning designations of these two 0.36 acre parcels which reflect their existing use and intensity. Section 2.4.5(D)(5) (Rezonin_o Findin_os): Pursuant to Section 2.4.$(D)($), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a_D.~ropriate for the property based upon circumstances particular t9 the site and/or neighborhood. The proposed zoning designations are more appropriate based upon the current development pattern which resulted from the alignment of Orchard Lane. The changes are corrective in nature and will apply zoning designations consistent with the balance of their respective developments. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 5 Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: Q Citation Club [] Hammock Reserve [] Bel-Aire [] Progressive Residents of Delray (PROD) r~ DeI-Aire Country Club O Shadywoods [::1 Foxe Chase Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A letter of objection has been received from DeI-Aire Country Club (copy attached). Additional letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing Transitional and Low Density Residential Future Land Use Map designations as well as the RM-10 and PRD-5 zoning designations are inconsistent with the respective developments. The changes will result in FLUM and zoning designations which correspond with the balance of their respective developments, thus eliminating the current discrepancies. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Develop~nent Regulations, and the policies of the Comprehensive Plan. A. Continue with direction. B. Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. C. Recommend to the City Commission denial of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 2.4.5(D)(5) of the Land Development Regulations, that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 6 Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: Q Letter of objection from Del-Aire Country Club El Future Land Use Map E! Zoning Map Counrrt2 Club Property Owner's Association, Inc. 4645 White Cedar Lane Delray Beach, FL 33445 499-9090 June 9. 1998 lX~. Paul Dorling Acting Director of Planning Planning and Zoning Department City of Delray Beach, 100 Northwest First Avenue Dekay Beach, FL 33444 RE: Proposed Future Land Use Map .-Mmendment and Re-Zoning File #98-154 Dear Mr. Doffing: Thank you for sending your June 4, 199§ letter with reference to the above captioned. It appears that the area A. the Hammock Reserve. change Mil only be a benefit to the CID'. As for the proposed increase in densiD: for area B, the Citation Club, such a change will certainly not be of an), benefit to the CID,. Therefore, we request that the area B proposal bE rejected. Sincerely, .:,~ ,./J'~ Daniel Ca)me, President ProperD' O~mers' Association DC/arm iD ~ i [~-o_o_~ s LIN TON OULE VARD C A N A L L-36 1 f C A N A L =;o: L-3' $outh Tru$t' ~ <: BOCARA Y ~MPLE DRI~ PLAZA ~: ~ ' : ~ ~ i ~ TRN BLOSS~ I: [" :":":":C'~v '- ..... ~:'?":"I!''~- SOUTH COUNTY' ' ,~2'--I~ [d~ - / I '~ - ~11~ ~ , I ~ 1 ~ /I II ~ ~~~; HAMMOCK ~ ~(~ ~ ~ ~i, t ~' 'VIE ; i ~ ~ ' ~ 'I , / , ~ , , , I/ .,, ,1t, s,~ LU,S ~,S-O D~/ ~; , ~ ; . , ' ~ N CITATION CLUB & HAMMOCK RESERVE ~ - PROPOSED FUTURE ~ND USE MAP AMENDMENTS - PLANNIN¢ k Z~IN¢ ~:~AR~NT ~ FROM: TRN TO: LD ~ FROM: LD TO: TRN MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER ORDINANCE NO. 43-98 (DEFINITION OF FRONTAGE) DATE: OCTOBER 2, 1998 This is first reading for Ordinance No. 43-98 which amends LDR Section 4.3.4(E), "Frontage", and Definitions at Appendix "A" to provide clarifying language and correct inconsistencies between the descriptions of frontage in each of these code sections. The Planning and Zoning Board considered the text amendment at a public hearing on September 28, 1998, and voted unanimously to recommend that it be approved. I agree these sections of the code need to be amended. I am concerned, however, that the proposed amendment perpetuates the current situation where the definition contains substantive code provisions and the body of the code contains the definition. I have not had the opportunity to fully discuss this with the City Attorney. After discussion with her, we may have some changes to make to the ordinance at the meeting. ref:agmemol9 [lTV DF DELRI:I¥ BEI:I£H TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America C~ DATE: October 2, 1998 TO: City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Movable Fixture Ordinance Amendment The attached ordinance amends our current ordinance to primarily clarify provisions and their applicability to modular newsracks, and to make other changes. The most notable changes are as follows: 1. A prohibition on charges by controlling entities in excess of actual costs for the use of and maintenance of modular newsracks. 2. Clarifying the definitions of newsracks and modular newsracks adding the term "modular newsracks' to various sections to clarify the applicability of the City's ordinance provisions to modular newsracks. 3. Providing expressly that the City can be a controlling entity to ensure uniformity and compatibility of style of modular newsracks and providing that the City may order removal of modular newsracks to accomplish this goal. 4. Amending the abandonment section to shorten the period before which abandonment can be declared and by providing standards for abandonment of modular newsracks. 5. Amending the enforcement and appeals sections to provide immediate appeals in cases of abandonment to Circuit Court. Amending the provisions regarding stays to eliminate the stay if it involves removal of an abandoned newsraek or modular newsrack, if the stay would adversely affect distribution of newspapers, periodicals or advertising circulars by others. City Commission October 2, 1998 Page 2 6. Providing that all modular newsracks must be placed on concrete pads and that no modular newsrack may obstruct other modular newsracks on the same pad or extend beyond the concrete pad. Please place this ordinance on the agenda for first reading for October 6, 1998. There may be further changes by Tuesday after the publishers have reviewed the ordinance. SAR:smk Attachment cc: Alison MacGregor Harty, City Clerk All Newspaper Publishers racks.sar ORDINANCE NO. 45-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 102, "STREETS AND SIDEWALKS", BY AMENDING SUBHEADING, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; BY AMENDING SECTION 102.40, "PURPOSE AND SCOPE", TO INCLUDE MODULAR NEWSRACKS; BY AMENDING SECTION 102.41, "DEFINITIONS", TO CLARIFY THE DEFINITIONS OF NEWSRACKS AND MODULAR NEWSRACKS; BY AMENDING SECTION 102.42, "CERTIFICATE OF COMPLIANCE REQUIRED", TO CLARIFY THAT MODULAR NEWSRACKS ARE INCLUDED; BY AMENDING SECTION 102.43, "STANDARDS FOR NEWSRACK MAINTENANCE AND INSTALLATION", TO PROVIDE FOR A RETITLING OF THE SECTION, AND CLARIFYING THAT THE CITY MAY ACT AS A CONTROLLING ENTITY OF MODULAR NEWSRACKS, PROVIDING THAT RENT AND MAINTENANCE COSTS ABOVE ACTUAL COSTS ARE PROHIBITED, PROVIDING FOR REGULATIONS FOR THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF MODULAR NEWSRACKS; BY AMENDING SECTION 102.44, "PROHIBITED LOCATIONS", TO PROVIDE FOR CONCRETE PADS FOR MODULAR NEWSRACKS ON PUBLIC RIGHTS OF WAY AND CITY PROPERTY AND PROVIDING FOR RELETTERING; BY AMENDING SECTION 102.45, "INSURANCE AND INDEMNIFICATION", TO INCLUDE REQUIREMENTS FOR MODULAR NEWSRACKS; BY AMENDING SECTION 102.46, "ABANDONMENT", TO INCLUDE A STANDARD FOR ABANDONMENT OF MODULAR NEWSRACKS, AND SHORTENING THE TIME FOR A DETERMINATION OF ABANDONMENT; BY AMENDING SECTION 102.47, "ENFORCEMENT", TO INCLUDE MODULAR NEWSRACKS; BY AMENDING SECTION 102.48, "APPEALS", TO CLARIFY THE APPEAL PROCESS, PROVIDING FOR AN IMMEDIATE APPEAL TO CIRCUIT COURT IN CASES OF ABANDONMENT OF NEWSRACKS AND MODULAR NEWSRACKS, PROVIDING EXCEPTIONS TO A STAY OF THE REMOVAL OF MODULAR NEWSRACKS AND NEWSRACKS IN CERTAIN INSTANCES AND WHERE ABANDONMENT ADVERSELY AFFECTS DISTRIBUTION, PROVIDING FOR REIMBURSEMENT OF STORAGE COSTS IF APPELLANT PREVAILs; ON APPEAL; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City produced a significant increase in the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WHEREAS, the City Commission adopted Ordinance 27-96 on August 6, 1996 and found that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, since the adoption of Ordinance 27-96, the City Commission finds that such regulations and procedures governing Newsracks need to be more clearly defined with respect to modular newsracks which are installed on the City's right-of-way in order to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; and WHEREAS, the City Commission recognizes the need for the entity which installs a modular newsrack to collect a fee to offset the actual cost of the modular newsrack and to maintain the modular newsrack. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ~. That Title 9, "General Regulations", Chapter 102, "Streets and Sidewalks", Subheading "Movable Fixtures Within the Right-of-Way", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: MOVABLE FIXTUR.ES WITHIN THE RIGI:IT-OF-WAY 2 ORD NO. 45-98 Section 102.40 PURPOSE AND SCOPE. The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, type, appearance, servicing, and insuring of newsracks and modular newsracks on public rights-of-way so as to: (A) Provide for pedestrian and driving safety and convenience. (B) Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles. (C) Provide for public and property safety during hurricane conditions. (D) Provide reasonable access for the sue and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes. (E) Relocate and/or replace newsracks and modular newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks and modular newsracks removed. (F) Maintain and protect the values of surrounding properties and prevem damage to grass right-of-way areas. (G) Reduce unnecessary exposure of the public to personal injury or property damage. (H) Treat all newspapers equally regardless of their size, content, circulation, or frequency of publication. (I) Maintain and preserve freedom of the press. (J) Cooperate to the maximum with newspaper distributors. Section 102.41 DEFINITIONS. For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ADVERTISING CIRCULAR." Any publication that contains only advertising and no news reports. "AUXILIARY LANE." A turn lane or on-street parking area. 3 ORD NO. 45-98 "I~.~,.A.T.~." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "CONTROLLING ENTITY." The person or entity responsible for placing and maintaining a movable f~xture, the owner of the movable fLxture, or the publisher of the newspaper vended within a newsrack. The City may be a controlling entity of modular newsracks if it purchases, leases, or lease purchases and maintains or subcontracts out the maintenance of modular newsracks. "DOWNTOWN AREA." The rectangular area bounded generally by the western right- of-way of S.W./N.W. 4th Avenue on the west, the northern right-of-way of N.W./N.E. 2nd Street on the north, the Intracoastal Waterway on the east, and the southern right-of-way of S.W./S.E. 1st Street on the south. In addition, on the east side of the Intracoastal Waterway, Lowry Street on the north, Miramar Street on the south, and the western right-of-way of Ocean Boulevard on the east. Also including N.E. 2nd Avenue from Atlantic Avenue north to N.E. 4th Street. "INTERSECTING SIDE STREET." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. "MODULAR NEWSRACK." A connected grouping of four to ~ ~ ~ modules placed on a pedestal or platform which is installed as a single unit and ~F used for the display, sale, or distribution of newspapers or other news periodicals or advertising circulars. "MOVABLE FIXTURE." Any newsrack, modular newsrack, bench, or other non-' attached fixture. "~.~.~.,.K." Any stand alone self-service non coin-operated or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of ~ newspapers, ~ news periodicals, or advertising circulars. "PAVED SURFACES." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians, including parking areas. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "PUBLIC AGENCY." The City of Delray Beach, Palm Beach County, the State of Florida, its subdivisions, departments or authorized agents. "RIGHT-OF-WAY." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks. 4 ORD NO. 45-98 "]ID~D_~." That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. "s,~DIt_~I~." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. Section 102.42 CERTIFICATE OF COMPLIANCE REOUIRED. The ,...,.~:~k .... .~:~+.a...+^. controlline entity of any newspaper o~, written periodical, or ad_ycKiaiag, circular distributed from any newsrack or modular newsrack location within a C-ity public right-of-way ~ shall notify the Code Enforcement Administrator or his/her designee, in writing, of the location or change of location of any such newsrack ~ newsrack by filing a certificate of compliance in accordance with the provisions of this section no later than fourteen (14) days after the placement or relocation of the newsrack or modular newsrack. (A) Reviewing and Enforcement Authority_: The authority responsible for reviewing the certificates of compliance to verify compliance with the ordinance provisions and enforcing the terms of this ordinance shall be the Code Enforcement Administrator or his/her designee. (B) F.,lll,ifigaii.0~ The controlling entity shall file with the Code Enforcement Administrator a written certificate of compliance which shall contain the following information: (1) The name, address and telephone number of the controlling entity, who is the owner and/or principal responsible for the newsrack(s) or modular newsrack(s). (2) The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the controlling entity's newsrack(s) or modular newsrack(s), including notifications for enforcement purposes. (3) The proposed location of the newsrack(s) or modular newsrack(s). (4) Names of newspapers or periodicals to be contained in each newsrack or modular newsrack. (5) A certification that the newsrack(s) or modular newsrack(s) is (are) installed in conformance with the provisions of this ordinance in their entirety. (6) Executed indemnification agreement and insurance certificate in compliance with Section 102.45. 5 ORD NO. 45-98 More than one newsrack or modular newsrack location may be included on a certificate of compliance. (C) Denial of Certificate of Comr~liance: If a certificate of compliance for newsrack or modular newsrack location is incorrect, or the neWsrack or modular newsrack is not located, maintained, or installed in conformity with the certification or this section, the certificate of compliance shall be deemed denied, and an order to correct the violation shall be issued pursuant to Section 102.47. Section 102.43 STANDARDS FOR NEWSRACK AND MODULAR NEWSRACKS INCLUDING MAINTENANCE..~.~n~rD INSTALLATION, AND LOCATIONS. Any newsrack or modular newsrack which in whole or in part rests upon, in or over any public property or right-of-way located within the City shall comply with the following standards: (A) A newsrack shall not exceed 4 feet, 6 inches in height including the pedestal, if any, 40 inches ~ in width, or 24 inches in de ILmitaticr. a. Gl) A modular newsrack shall not exceed 4 feet. 6 inches in height (including the pedestal, if any) and 24 inebes in depth. A modular newsrack's width shall not exceed the width of thc concrete pad. (C) Modular newsraek modules shall be arranged so as to provide an overall square or rectangular shape to the entire modular newsrack. ~)g~_~ Newsracks and modular newsraeks shall carry no advertising except for the name of the publication being distributed, and a cardholder kept in a neat and untorn condition describing the publication being distributexl. ~t-,~=~,..,~, Coin-operated newsrac~ and coin-o~erated_ modular newsraegs shall be equipped with a coin return mechanism to permit a person wisNng to purchase a newspaper or periodical to secure ~ imm~iate refund in the event the newsrack is inoperable. At all times, the coin return mechanism si'mil be maintained in good worldng order. ,ag).fF) ~ Eac~ controlling entity si'mil permanently affix to its modular newsracks and newsracks a label which states a 24 hour operable telephone number of a worlcing telephone service wNch the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the a..is:r=&'-'-tar controlling entity_ to give the notices provided for in this chapter. 6 ORD NO. 45-98 ,cxrc,.~ Modular Newsracks ~catio~. (1) In the following locations, individual newsracks are ~. Modular newsracks may only be placed on concrete pads which will be constructed by the City in the following areas: (a) Within the DowntoWn Area. ,~a^,n..~ ........... t. .....,.~ 1. East Atlantic Avenue east of the FEC Railroad tracks adjacent to the parking lot on the west side of S.E. 3rd Avenue. 2. On the east side of the building located at the southwest coruer of southbound Federal Highway and Atlantic Avenue. 3. The Municipal Tennis Center, in close proximity to the clubhouse building. 4. In front of City Hall on N.W. 1st Avenue. 5. At the Gleason Bath House at Atlantic Avenue and South Ocean Boulevard. 6. Adjacent to the building located at 40 South Ocean Boulevard. (b) Within the North Federal Highway Redevelopment Area. (c) Within the West Atlantic Avenue Redevelopment Area. (d) A modular newsrack may be placed on the west side of South Ocean Boulevard approximately 1,000 feet south of Linton Boulevard. ,,,,.,~,~:... -.~.~, ~w~.:.,,. t-,:.~. ~.,~: ...... The color of the modular newsracks shall have gloss black bases, and forest green sides and doors. A color sample is available in the Community ,./(H) The controlling entity shall maintain each movable fixture in a neat and clean condition, and in good repair at ail times. Each movable fixture shall be maintained so that: 7 ORD NO. 45-98 (1) It is free of graffiti. (2) It is reasonably free of dirt and grease. (3) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof. (4) It is reasonably free of rust and corrosion in the visible metal areas thereon. (5) The clear plastic or glass parts thereon, if any, through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes, and discoloration. (6) The paper or cardboard parts or inserts thereof are reasonably free of tears, and are not peeling or tearing. (7) The structural parts are not broken or unduly misshapen. (8) The surrounding area upon which the newsrack or modular newsrack is placed will also be maintained in a neat and orderly condition. ,--,~,,~n~a~ The use of a bench for advertising purposes is strictly prohibited. xq-t-)/j~ Any newsrack or modular newsrack being installed, placed or maintained on a public right-of-way, street or sidewalk or other public property shall be installed in a safe and secure manner so as to prevent the newsracks or the modular newsrack from being stolen or becoming a hazard in severe weather. At any time, the total weight of the newsrack or mo~lular newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds. A mo~lular newsrack must be secured to a concrete pad. (t-)(K) In the event of the issuance of a hurricane warning by any entity with jurisdiction to issue such a warning, the newsrack shall be secured to the ground or placed in such a manner so that the newsrack is parallel to the ground. (L) The controlling enti_ty of a modular newsrack or newsrack shall not recover or t:ollect, from entities placing for distribution publications in a newsrack, or modular newsr~ck pa.vment~ in excess of the actual cost of the newsrack or modular newsra~k, and the actual l'~asonable costs for maintenance. The cost of the modular newsrack may be prorated in proportion to the size of the individual module in a modular newsrack. The cost of a modular newsraek or newsrack may be paid over a 36 month period, or less. in equal monthly installments. The annual maintenance costs may be also paid in equal monthly installments. In no event, however, shall a controlling entity_ collect payments over the actual costs referred to 8 ORD NO. 45-98 above, once recaptured. The controlling enti _ty shall file a document with the Code Enforcement ,administrator illustrating the monthly cost computations. (M) The Ci.ty may order the removal of modular newsracks from public rights-of-way and City_ property_ in order to serve as a controlling entity_ of modular newsracks to ensure uniformity_ and compatibili.ty of style. (N) Modular newsracks shall not be placed on the concrete pad in a manner to obstruct other modular newsracks on the same concrete pad nor may they extend beyond the concrete pad. (0) Movable Fixtures shall be installed and maintained by the controlling enti_ty or their agent or designee in conformity, with existing City. ordinances. Any movable fixture found to be in violation of the Ci_ty ordinances is subject to the enforcement provision of Section 102.47 and s~b_iect to abandonment where indicated by Section 102.46. Section 102.44 PROHIBITED LOCATIONS. (A) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public right-of-way or public property. The landscaped areas include, but are not limited to, those areas in which the following ground cover material is placed: (1) Decorative plants, or (2) Native plants maintained to match the surrounding flora. (B) Concrete Pads: Modular newsracks may not be placed in an_v public right-of-wa_v or on any City_ property, unless installed on a concrete pad and securely affixed thereto. ,...~(C) Public Utilities: Movable fixtures shall not be placed, installed or erected to obstruct the use of any public utility pole or structure. These areas are designated as follows: (1) Drainage structures. Movable fixtures shall not be physically attached, chained or bolted to any drainage structure, inlet pipe or other physical object meant to carry water for drainage purposes. (2) Utility poles. Movable fixtures shall not be physically attached, chained or bolted to a utility pole. (3) Fire hydrants. Movable fixtures shall not be located within 15 feet of a f'u'e hydrant. 9 ORD NO. 45-98 tr~xtT~..v~.~ Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows: (1) Traffic signals. (a) Movable fixtures shall not be physically attached, bolted or chained to a traffic signal pole. (b) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fmures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (2) Traffic Signs. Movable fixtures shall not be physically attached, bolted or chained to a traffic sign or post used for the support of a traffic sign or signs. ,~-,~.,~r~xa:~ ~ No movable fixture shall be placed, installed or erected directly on a paved surface which is intended primarily for the use of motor vehicles. ,~,.~., ~ Movable fixtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. ~. ~,.~., ~ Movable fixtures which are placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. ,._.,(H) ~ Movable fixtures shall not be installed, placed or erected within clear zones as def'med in this section. Clear zones are defined as follows: (1) The area measured within four feet of the face of a six inch high vertically faced curb. Where the four foot minimum is impractical, the minimum may be reduced to 2 1/2 feet. (2) In all other locations, the movable fixture shall be located no less than ten (10) feet away from the edge of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away from the edge of the pavement as possible. (t-I-)lJ~ i,gJghI_A/.~ Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this section, sight areas extend vertically from a point commencing 3 feet above the pavement elevation, and encompass the triangular area of property located at a comer formed by the intersection of two or more public 10 ORD NO. 45-98 I t rights-of-way, with two sides of the triangular area extending twenty-five (25) feet from their point of intersection along the edge of pavement, and the third side being a line connecting the ends of the other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed within the area shown in Figure 1. Figux-e 1 Wypica! Inl:erseet~ion (not: t,o sea:le) (-I-)LD Other Areas: Movable fixtures shall not be placed, installed or erected in any of the areas defined in this section. (1) The area within 50 feet of any railroad track. (2) On any City property unless the location has been specifically designated by the City Manager or any authorized representative. (a) The City Manager or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures. (b) The City shall prepare a map for each City facility illustrating the designated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. (3) The area within the medians of a divided roadway, 11 ORD NO. 45-98 (4) Newsracks or modular newsracks may not be placed within a one hundred fifty foot (150') radius of another newsrack containing the same newspaper, news periodical, or advertising circular except where separated by a street corner. Where warranted by the quantity of newspaper sales, the Code Enforcement Administrator may allow a double newsrack not more than forty (40) inches wide otherwise complying with the requirements of Section 102.43. (5) Newsrack and modular newsrack locations may be agreed upon by mutual consent of the City, publishers and distributors. 02) (6~.. ~c;""'~ r. ...... "Movable fixtures shall not be placed on any roadway, bike path or swale area in front of, to the rear of, or to the side of a single family residence within the City. Section 102.45 INSURANCE AND INDEMN/FCATION. (A) ~ Every ..,,k~;~. .... .,:.+.;k,,+^. controllin~ entity ~ governmental enti_ty or agency who places or maintains a newsrack or modular newsrack on a public right-of-way or public property shall provide to the Code Enforcement Administrator a current certificate of insurance, naming the City as an additional insured on October 1 st of each year. Such insurance shall be comprehensive general liability or commercial general liability coverage on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability filed by the Insurance Services Office. Minimum limits of total coverage shall be $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Reasonable evidence of equivalent self- insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) or modular newsrack(s) in the City's right-of-way, and any termination or lapse of such insurance shall be a violation of this section, subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the enforcement provisions of this chapter. (B) Indemnification. Every '"'~'~:~' .... '~:~'-;*"",,,' controlline entity other than a governmental emi_ty or agency who places or maintains a newsrack or modular newsrack on a public right-of-way, public sidewalk, street or swale in the City shall execute and deliver a written agreement under which it agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from any loss, liability or damage sustained by any person as a result of the installation, use and/or maintenance of a modular newsrack or newsrack within the City. This shall not be construed to affect in any way the City's rights, privileges and immunities as set forth in Section 768.28, Florida Statutes. 12 ORD NO. 45-98 Section 102.46 ABANDONMENT. (A) In the event a newsrack remains empty for a period of thirty (30) continuous days for a monthly publication and fourteen (14) continuous days for all other publications, it shall be deemed abandoned "'~ .... ~.~ ,-~,~.~ i~ ,t. ...............~ ~ :~,~,~ :., e..~..:..~ ~n-, ~-~ ~,~ .... (B) If fifty-one percent (51%) of the total modules in a modular newsrack remain empty for fourteen (14) continuous days. it shall be deemed abandoned and posted as such. ,._.,(C) If the controlling entity is not identified on the movable fixture, it will be considered abandoned and posted as such. ,--,~.,,"'"'xrn'~ If the newsrack is placed at a City facility in a location not previously approved or a newsrack is placed in a location where individual newsracks are prohibited, it will be considered abandoned and posted as such. _CE) If the controlling entity_ of a newsrack or modular newsrack is in violation of Section 102.43(L). it shall be considered abandoned and posted as such. Section 102.47 ENFORCEMENT. (A) Correction of Violation. Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used or maintained in violation of this chapter, an order to correct the violation shall be issued to the controlling entity. If abe a newsrack ~ newsrack is considered abandoned, it will be posted and an order will not be issued. (B) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certified mail, return receipt requested, to the controlling entity. (C) Failure to properly correct the violation within fifteen (15) days of the receipt of the order shall result in the offending movable fixture being removed by the City. Any movable fixture removed by the City thereunder shall be stored at the controlling entity's expense for a period of thirty (30) days. The movable fixture shall be released upon a proper showing of ownership and payment of remOval, administrative and storage charges. The administrative charge is $55.00 and the storage charge is $2.00 per day, up to a maximum of thirty (30) days. In the event the movable fixture is not claimed within the thirty (30) day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the City. 13 ORD NO. 45-98 (D) If the movable fixture is posted as abandoned and not removed within seven (7) days from the date of posting, or the City is not contracted by the controlling entity within seven (7) days from receipt of an order to correct the violation, the City may remove the movable fuxture immediately. The City shall store the movable fixture for thirty (30) days and if not claimed within that time, the City may dispose of the movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid within fifteen (15) days of claim being made, the City may dispose of the movable fixture. (E) At least ten (10) days prior to the public auction, the City Clerk shall publish a description of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the City. Any publication may include multiple listings of movable fixtures. The City shall also provide the controlling entity identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner he sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager, or his designee, is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable f'zxture. Section 102.48 APPEALS. (A) Any t~vsoa-o~ controlling entity aggrieved by any order, fmding or determination taken under the provisions of this ordinance other than abandonment of a new,rack or modular ~ (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their, appeal within fifteen (15) days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled on the appeal no later than thirty (30) days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 14 ORD NO. 45-98 seven (7) days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fLxture is not violating this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the City Clerk within fifteen (15) days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. ~) Where the newsrack or modular newsrack is considered abandoned, the controlling entity, may take an immediate appeal to Circuit Court as provided by law. (C) During the pendency of an appeal, the removal of the movable fixtllre shall be stayed pending final disposition of the appeal, except if abandonment of the newsrack or modular newsrack occurs in violation of sections 102.46(A). _CB). _(D~. (E) and 102.43(L). and adversely effects the distribution of newspapers, news periodicals or advertising circulars from that location. (D) The City shall reimburse the controlling entity any storage charges in the event the decision on appeal is rendered in favor of the controlling enti _ty, ~. 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 that the part declared to be invalid. ~. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. ~. 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 ,1998. ATTEST: MAYOR City Clerk First Reading. Second Reading 15 ORD NO. 45-98 OC:T--~ 1--'98 C~2 : 14 AP1 C:~:E;~RELLA'!~. C:. ~PRIi,I~]S 954 546 5282 P. ~2 ~ .... AFIE CODE ~ ~-M'(JMEIER EXTENSION AREA COO~ [ NUMBER T~E TO CALL TELEPHONED ~ PLEASE CALL WAITING TO SEE YOU [ HOLDING LINE ~ MESSAGE 10 ~ - ~om ~oo~