04-15-97 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING lJI-AmerJcaCJ~
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
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
listehing 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
o~der of presentation being as follows: City Staff, public comments,
C~mmission discussion and official action. City Commission meetings are
bdsiness meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
~ B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. Ail
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
April 15, 1997
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.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of April 1, 1997
Special Meeting of April 8, 1997
6. Proclamations:
A. OF NOTE:
Soroptimist International of the Americas 1997 Southeast
Regional Conference Days - May 2-3, 1997
7. Presentations:
A. Donation of tapes from Nostalgia Network (Adelphia Cable) to
the Delray Beach Public Library
8. Consent Agenda: City Manager recommends.approval.
A. IN-LIEU PARKING AGREEMENT/BANKER'S ROW GRILLE: Approve an
agreement for payment of $24,000 in-lieu of providing four
required parking spaces in conjunction with the Banker's Row
Grille project located on the east side of N.E. 1st Avenue,
north of Atlantic Avenue.
B. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL/AFTER SCHOOL
PROGRAM: Authorize staff to submit a grant application to the
Children's Services Council for funding in the amount of
$90,189 to help fund the 1997/98 After School Program.
C. GRANT APPLICATION/WORKPLACE EDUCATION PROGRAM: Authorize staff
to submit a grant application for Federal funding to provide a
workplace education program for City employees who need
assistance in improving their English language proficiency, in
--2--
ReGular Commission MeetinG
April 15, 1997
conjunction with the Palm Beach County Literacy Coalition.
This is a 75%/25% reimbursement-type Grant, with the City's
share to be funded from FY 1997/98 budget.
D. SPECIAL EVENT REQUEST/USA BEACH VOLLEYBALL: Approve a request
from USA Beach Volleyball for special event approval to allow
two tournaments on the City's beach, May 31-June 1, and October
11-12, 1997.
E. WATER MAIN EASEMENT DEEDS/BLOOD'S HAMMOCK GROVES: Accept two
easement deeds from the Blood family for utility easements to
allow access for the City to maintain the newly installed water
main associated with the Blood's Hammock Groves business.
F. ENGINEERING CONSULTANTS CONTINUING SERVICES CONTRACTS: Approve
the Selection Committee's list of four engineerinG firms to be
used for continuinG services for electrical, mechanical,
plumbinG and structural engineerinG, and authorize staff to
prepare the appropriate agreements. The firms selected are:
Ralph Hahn and Associates, West Palm Beach
Teele & Associates, Boynton Beach
O'Donnell, Naccarato & MiGnoGna, West Palm Beach
Thompson EnGineerinG Consultants, Delray Beach
G. SETTLEMENT AGREEMENT/M & P CONCRETE PRODUCTS, INC.: Approve
settlement agreement for M & P Concrete Products, Inc. v. City
of Delray Beach and the Lake Worth DrainaGe District as
recommended by the City Attorney.
H. AGREEMENT AND GENERAL RELEASE FOR BEACH ACCESS/FAU HUMAN
POWERED SUBMARINE TEAM: Approve an agreement and General
release with Florida Atlantic University to allow the FAU Human
Powered Submarine Team to use the City beach access at
Casuarina Street for practice purposes.
I. PURCHASE OF HTE BUILDING PERMITS VOICE RESPONSE SYSTEM:
Approve a supplement to the Software License AGreement between
the City and HTE, authorizing the purchase of, and payment
schedule of the BuildinG Permits Voice Response System (DIRECT
TALK), in the amount of $30,588 for the BuildinG and Inspec-
tions Divisions of the Community Improvement Department.
Funding is available from 001-2721-524-64.11.
J. RESOLUTION NO. 30-97: Adopt a resolution assessinG costs for
abatement action required to demolish an unsafe buildinG at 304
S.W. 7th Street. City ManaGer recommends approval.
K. RESOLUTION NO. 31-97: Adopt a resolution assessinG costs for
emergency abatement action required to board up an unsafe
buildinG at 317 S.W. 15th Terrace. City ManaGer recommends
approval.
3
Regular Commission Meeting
April 15, 1997
L. RESOLUTION NO. 32-97: Adopt a resolution assessing costs for
abatement action required to remove junked vehicles on four
properties located within the City.
M. RESOLUTION NO. 33-97: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 31 properties
throughout the City.
N. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE: Ratify
the appointment of Jennifer Buce, representing the Parks and
Recreation Department, Jeffrey Messer, representing the Police
Benevolent Association, and the reappointment of Edward Smith,
representing the Police Department, to the Kids and Cops
Committee, all for two year terms ending April 22, 1999.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period March 31 through April 11, 1997.
P. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Complete Property Services for landscape
maintenance for George Bush Boulevard and West Atlantic
Avenue between Swinton Avenue and 1-95, in the amount of
$21,986 from 119-4144-572-46.40.
9. Regular Agenda:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
Consider an appeal of SPRAB action with respect to the site
plan for the Public Beach Parking lot located on the west side
of A1A, north of Atlantic Avenue. QUASI-JUDICIAL PROCEEDING
B. CONDITIONAL USE REQUEST/BOWLING ALLEY: Consider a Conditional
Use request to allow the establishment of a bowling center
within the Delray Square Phase II Shopping Center (former
Ames/Zayre bay) located on the east side of Military Trail,
north of Atlantic Avenue. QUASI-JUDICIAL PROCEEDING
C. RESOLUTION NO. 35-97/MID-YEAR BUDGET ADJUSTMENT: Consider a
resolution making mid-year adjustments to the adopted budget
for FY 1996/97.
D. RESOLUTION NO. 34-97: Consider a resolution objecting to
special act legislation to permit the abolishment of a
municipal government without study, consent or concurrence of
the municipality.
E. SERVICE AUTHORIZATION #2/HAZEN AND SAWYER: Consider Service
Authorization %2 to Hazen and Sawyer for preparation of a City-
wide water main upgrade program, in the amount of $15,000 from
441-5111-536-31.90.
-4-
Regular Commission Meeting
April 15, 1997
F. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member
to the Planning and Zoning Board to fill an unexpired term
ending August 31, 1997. The appointment will be made by
Commissioner Schmidt (Seat #1).
G. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint a member to the Site Plan Review and Appearance Board
to fill an unexpired term ending August 31, 1998. The
appointment will be made by Commissioner Ellingsworth (Seat
#3).
H. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint
a member to the Police and Fire Board of Trustees for a two
year term ending April 22, 1999. The appointment will be made
by Commissioner Ellingsworth (Seat #3).
I. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE
(RESOLUTION NO. 36-97): Appoint a member to the Affordable
Housing Advisory Committee for a two year term ending March 31,
1999, and adopt Resolution No. 36-97. The appointment will be
made by Commissioner Randolph (Seat #4).
10. Public Hearings:
A. Discussion on the widening of Lak~ Ida Road from Congress
Avenue to Military Trail.
B. ORDINANCE NO. 17-97: An ordinance annexing a 3.58 acre parcel
of land located on the east side of Barwick Road, approximately
250 feet north of Sabal Lakes Road; providing for a Small Scale
Future Land Use Map amendment from County MR-5 (Medium Density
Residential - 5 Dwelling Units/Acre) to City Medium Density
Residential 5-12 Dwelling Units/Acre, and establishing initial
zoning of RM-8 (Medium Density Residential - 8 Dwelling Units/
Acre). QUASI-JUDICIAL HEARING
C. ORDINANCE NO. 18-97: An ordinance providing for a Small Scale
Future Land Use Map amendment from Transitional to General
Commercial for the Paton/Levy property located at the northeast
corner of South Federal Highway and Avenue "G".
D. ORDINANCE NO. 19-97: An ordinance rezoning the Paton/Levy
property from POD (Professional and Office District) and RM
(Medium Density Residential) to SAD (Special Activities
District) for Fronrath vehicle sales, rental and leasing
facility. The subject property is located at the northeast
corner of South Federal Highway and Avenue "G". QUASI-JUDICIAL
HEARING
E. ORDINANCE NO. 21-97: (FIRST READING/FIRST PUBLIC HEARING) An
ordinance amending Section 4.4.9, "General Commercial (GC)
District", Section 4.4.13, "Central Business (CBD) District",
Section 4.4.20, "Industrial (I) District", Section 4.4.21,
"Community Facilities (CF) District", Section 4.4.26, "Light
Industrial (LI) District", Section 4.4.27, "Open Space and
5
Regular Commission Meeting
April 15, 1997
Recreation (OSR) District", Section 4.3.3, "Special
Requirements for Specific Uses", and Appendix A, "Definitions",
of the Land Development Regulations to provide for the
regulation of telecommunication towers and antennas. If
passed, a second public hearing will be scheduled for May 6,
1997.
F. ORDINANCE NO. 20-97: An ordinance amending Section 132.09,
"Skateboarding and the Like Prohibited", of the City Code to
provide for, a prohibition on the use of skateboards and the
like in Veteran's Park.
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: None
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 15, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.J. PROPOSAL FOR A COMBINED ACCESSWAY/CAMINO REAL HOTEL AND THE
CITY'S NORTH PARKING LOTS Consider authorizing Camino Real
Hotel to file an application for a modification to their
expansion plans which proposes a joint accessway to the
City's and the hotel's parking lots.
WHEREAS, Soroptimist International of the Americas
is part of Soroptimist International, the world's largest
classified service organization for executive and professional
women; and
WHEREAS, Soroptimist, coined from the Latin "soror"
and "optima" (the best for women), was founded in 1921 in
Oakland, California; and
WHEREAS, Soroptimist International is comprised of
4 federations, with more than 92,000 members in 88 countries
throughout the world; and
WHEREAS, Soroptimist International of the Americas,
the largest of the four federations, believes in supporting,
promoting, and originating projects that are comprehensive and
international in scope; and
WHEREAS, in addition to participating in individual
community projects, Soroptimists participate in several
federation-orginated programs: Youth Citizenship Awards {cash
awards for high school seniors who exhibit outstanding
citizenship), Training Awards Program {grants awarded to mature
women for education/training or retraining to enable them to
upgrade their job status or re-enter the work force), and the
Soroptimist Youth Forum (an international educational symposium
for young adults); and
WHEREAS, Soroptimist International of Fort
Lauderdale will be proudly hosting the 1997 Southeast Regional
Conference to be held May 2-3, 1997 at the Camino Real Holiday
Inn in Delray Beach.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim May 2-3, 1997 as
SOROPTIMIST INTERNATIONAL OF THE AMERICAS
1997 SOUTHEAST REGIONAL CONFERENCE DAYS
in Delray Beach, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 15th day of April, 1997.
MAYOR
JAY ALPERIN
SEAL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~h2XlAGER~
ACCEPT PAYMENT OF FEE IN-LIEU OF REQUIRED P KING
SPACES/BANKERS ROW GRILLE
DATE: APRIL 11, 1997
This is before the Commission to accept payment of a $24,000 fee,
in-lieu of providing four required parking spaces for the
proposed Bankers Row Grille to be located on the east side of
N.E. 1st Avenue, north of Atlantic Avenue (29 N.E. 1st Avenue).
Based on the parking requirements, the development proposal
required the installation of four parking spaces; however, none
of the parking spaces can be accommodated on-site. Pursuant to
Land Development Regulations Section 4.6.9(E) (3) developments in
the Central Business District may, with Commission approval, pay
a fee of $6,000 per space in-lieu of required parking. One of
the conditions of site plan approval was that prior to issuance
of a Certificate of Occupancy, an in-lieu fee payment agreement
of $24,000 for four required parking spaces be approved by the
Commission.
The subject property is in a location where public parking is
readily available, on Atlantic Avenue, and in the blocks to the
east and west. Given the limited parking requirements of the
subject site and the availability of nearby public parking, use
of the in-lieu fee is appropriate. The applicant has submitted
the in-lieu payment agreement, to be paid in ten payments over a
nine year period. The City Attorney's office has reviewed the
agreement and approved it as to legal form and sufficiency.
Recommend approval and acceptance of payment of $24,000 in-lieu
of four required parking spaces for Bankers Row Grille.
TO: ~T.~TY~ MANAGER
$ F.~ I~R PLANNER
SUBJECT: MEETING OF APRIL 15, 1997 ***CONSENT AGENDA***
APPROVAL OF AN IN-LIEU PARKING FEE PAYMENT
AGREEMENT FOR BANKER'S ROW GRILLE (29 N.E. 1ST
AVENUE).
The action requested of the City Commission is that of approval of
an in-lieu parking fee payment agreement for Banker's Row Grille
(29 N.E. 1st Avenue), pursuant to LDR Section 4.6.9(E)(3).
The subject property is located on the east side of N.E. 1st Avenue,
approximately 150 feet north of East Atlantic Avenue, within the
Old School Square Historic Arts District (OSSHAD) zone district.
On March 5, 1997, the Historic Preservation Board (HPB) approved with
conditions a major site plan modification for Banker's Row Grille, a proposed
restaurant and lounge to be located at 29 N.E. 1st Avenue. The development
proposal is to convert the existing building and construct a 571 sq.ft, building
addition to accommodate a 4,646 sq.ft, restaurant, along with construction of a
2,141 sq.ft, second floor addition to accommodate two apartments and a 853
sq.ft, porch/waiting area in front of the building.
Based upon the parking requirements, the development proposal required the
installation of 4 parking spaces, however, none of the parking spaces can be
City Commission Documentation
Meeting of April 15, 1997
Banker's Row Grille (29 N.E. 1st Avenue) -In-Lieu Fee Payment Agreement Approval
Page 2
accommodated on-site. One of the conditions of site plan approval was that
prior to issuance of a building permit, an agreement to allow an in-lieu parking
fee payment of $24,000 for 4 required parking spaces be approved by the City
Commission.
Pursuant to LDR Section 4.6.9(E)(3), if it is impossible or inappropriate to provide
the required number of on-site parking spaces, the City Commission may
approve the payment of an in-lieu fee. Payment of the in-lieu fee can be made in
10 payments over a nine year period. The in-lieu fee option is authorized only in
the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) zoning
districts. Due to site constraints and the location of the building, the in-lieu fee
option was requested for four required parking spaces for a total of $24,000
($6,000 per parking space x 4 required parking spaces = $24,000).
The applicant has submitted an in-lieu payment agreement for the $24,000 to the
City. The fee is to be paid in 10 payments over a nine year period. The City
Attorney's office has reviewed the agreement and approved it as to legal form
and sufficiency.
By motion, approve the agreement allowing for an in-lieu fee payment of $24,000
for 4 required parking spaces for Banker's Row Grille (29 N.E. 1st Avenue).
Attachment:
Installment Agreement
This instrument was prepared by
and remm to:
David N. Tolces, Esq.
200 N.W. Ist Avenue
Delray Beach, FL 33444
IN-LIEU OF PARKING FEE AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of the ~ day of ,
1997, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of
the State of Florida (the "City"), and J. BLAINE VANHILLE ("Vanhille").
WHEREAS, Vanhille is the owner of certain real property located at 29 N.E. 1st
Avenue, Delray Beach, Florida 33444 (the "Property"); and
WHEREAS, Vanhille has applied to the City for approval to construct an addition to
the existing commercial building on the Property; and
WHEREAS, as a condition to approval of construction of the building on the property,
Vanhille must provide certain parking as required under the Land Development Regulations of
the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the
City Commission may approve the payment of a fee to the City in-lieu of providing required
parking; and
WHEREAS, Vanhille has requested that the City Commission approve the payment of
a fee to the City in lieu of providing four (4) of the required parking spaces for the
development of the Property and the City Commission has approved this request; and
WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further
provides that the in-lieu parking fee shall be Six Thousand Dollars ($6,000.00) per parking
space and may be paid in installments; and
WHEREAS, Vanhille has elected to pay the in-lieu parking fee in installments
pursuant to Section 4.6.9(E)(3)(d) of the Land Development Regulations; and
WHEREAS, the parties desire to enter into this Agreement in order to confirm the
terms on which the in-lieu parking fee shall be paid by Vanhille.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and
conditions contained in this Agreement, and other good and valuable considerations, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be
legally bound, hereby agree as follows:
1. INCORPORATION OF RECITALS. The parties herebY represent and
warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this
Agreement.
2. EKOtERT~. The Property to which this Agreement applies is legally
described as follows:
That part of Lot 6, Block 76, Map of the Town of Linton (now
Delray Beach), according to the plat thereof recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach County,
Florida.
Begin at the southeast comer of said Lot 6; thence
N.89°08'50"W., along the South line of said Lot 6, 125.00 feet
to a line 10.00 feet east of and parallel with the west line of said
Lot 6; thence N.0°00'00"E., along said parallel line, 42.63 feet;
thence N.90°00'00"E., 124.99 feet to the east line of said Lot 6;
thence S.0°00'00'E., along said east line, 44.49 feet to the said
point of beginning.
3. IN-LIEU PARKING. The City hereby confirms that, pursuant to Section
4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees
described in this Agreement in-lieu of providing four (4) of the required number of parking
spaces for the development of the Property.
4. IN-LIEU PARKING FEE. Vanhille shall pay to the City a total in-lieu of
parking fee of Twenty-Four Thousand Dollars ($24,000.00) (which represents $6,000.00 per
parking space). The total fee shall be paid as'follows:
(a) Two Thousand Four Hundred ($2,400.00) by check delivered to the
City upon execution of this Agreement by the City.
(b) Three (3) payments of Two Thousand Four Hundred ($2,400.00) each to
be due on the first, second, and third anniversary of the date on which this Agreement
is executed on behalf of the City.
(c) Six (6) payment of principal and interest at the rate of five percent (5 %)
per annum, simple interest, in the amount of TWO Thousand Eight Hundred Forty-Four
and 80/100 Cents ($2,844.80) each, to be due on the fourth, fifth, sixth, seventh,
eighth, and ninth anniversaries of the date on which this Agreement is executed on
behalf of the City.
(d) Each payment shall be made to:
Finance Department
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
5. DEFAULT. In the event Vanhille fails to make a payment by the date
required,' the City shall provide written notice by certified mail, return receipt requested to
Vanhille at 123 Bankers Row, Delray Beach, Florida 33444, or at such other address as may
be designated by Vanhille by written notice to the City, requesting the past due payment to be
made no later than thirty (30) days from the date the notice is received. Failure of Vanhille to
remit payment within this thirty (30) day period shall be deemed beach of this Agreement.
The City shall thereby be entitled to accelerate the remaining payments demand payment and
file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees.
6. BINDING EFFECT. All of the terms and provisions of this Agreement shall
be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement
and their respective successors, legal representatives, and assigns.
7. ENTIRE AGREEMENT. This Agreement shall constitute the entire
agreement of the parties with respect to the subject matter of this Agreement. All prior
understandings and agreements between the parties with respect to such matters are merged
into this Agreement, which alone fully and completely expresses their understanding.
8. AMENDMENTS. This Agreement may not be amended, modified,
altered, or changed in any respect, except by a further agreement in writing duly executed by
each of the parties to tlfis Agreement.
9. SIGNATURE REQUIRED. This Agreement is not valid unless signed by the
City's Mayor and City Clerk.
IN WITNESS WHEREOF, the parties to the Agreement have caused this
Agreement to be duly executed on their behalf as of the dates set forth below.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
WITNESSES: J. BLAINE VANHILLE
By:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument Was acknowledged before me this ~ day of April, 1997,
by Jerome B. Vanhille who is personally known to me or has produced
as identification.
Signature of Notary Public-State of Florida
vanhille.agt
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2,1AGER~
SUBJECT: AGENDA ITEM #~' - REGULAR MEETING OF APRIL 15, 1997
GRANT APPLICATION TO CHILDREN'S SERVICE COUNCIL/AFTER
SCHOOL PROGRAM
DATE: APRIL 9, 1997
Staff is requesting authorization to submit a grant application to
the Children's Services Council (CSC) for funding in the amount of
$90,189 in support of our 1997/98 after school program. This will
be the third year of the CSC's three-year funding commitment to
this program.
The program is provided at Pompey Park, the Community Center and
the Full Service Center, with a projected enrollment of 300
children and a proposed budget of $232,621.
I recommend that staff be authorized to submit the grant
application.
ref:agmemo4
Agenda Item No.: D~'
AGENDA REQUEST
Date: March 28, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 15, 1997
Description of agenda item (who, what, where, how much): Request approval
to apply for a Krant from Children's Services Council in the amount of ~90~189 for
our After School Pro~ram.
ORDINANCE/ RESOLUTION REQUIRED: YES~NO~/ Draft Attached: YES/NO
Recommendation: Approval.
Determination of Consistency wi~ Comprehensive 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:
Approved for agenda: ~/ NO ~Hold Until: 3 ~~~ ~ /~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THRU: JoeWeldon, Director
Parks and Recreation D
FROM: J. Dragon, Assistant Director
DATE: March 28, 1997
SUBJECT: CSC After-School Program Funding
The Parks and Recreation Dept. is preparing to submit the third year of its three-
year funding commitment to CSC to help fund the 1997/98 after-school program.
This will be the lOth year of funding from CSC. We will have received over $1.2
million dollars from CSC since 1989
The program will be conducted at three sites, Pompey Park, Community Center
and the Full Service Center with a projected enrollment of 300 children, 100 at
each site. The total proposed program budget for 1997/98 is $232,621.
1997-98 CSC Base Program Instructions & Forms
Page 9
PROGRAM FORM D - AGENCY CERTIFICATION
In submitting this application to CSC
(Agency Name) certifies that:
1. The agency board of directors has approved this
application at a meeting on (date). (If
approval is pending at the time of submission, please
check here .);
2. All agency decisions regarding recruitment, hiring,
promotions, release, and conditions of employment
will be made without regard to consideration of race,
creed, religion, gender, country of national origin,
age, physical or mental handicap, marital status or
any other factor which cannot lawfully be used as a
basis for an employment decision;
3. The agency agrees to negotiate, if deemed necessary,
with CSC to refine service levels, procedures,
outcomes, budget, and any other relevant matter for
incorporation into a contract;
4. The applicant agency does not intend by this
application to replace existing funding resources with
CSC funds;
5. The budget included in this application is a
reasonable estimate of the anticipated revenues and
expenditures for the activities proposed;
6. In accordance with the 1996-97 CSC contract, the
applicant agency will submit, within 120 days of the
completion of the applicant's 1996-97 fiscal year, a
GAO Standard Financial and Compliance Audit;
7. The applicant agency maintains governmental or
501(c)3, (4) , (6) , (7) or (10) tax exemption status;
8. Any of the following documents are available and upon
request by CSC will be produced by the applicant
agency within five (5) working days, but do not need
to be submitted with this proposal:
a Articles of Incorporation
b Agency By-Laws
c Personnel Policies and Procedures
d Job Descriptions
e Certificates of Insurance and Bonding
Licenses to Operate Agency/Program
F:\QA_DATA\97-98RFP\BASEINS Mar 4. 1997 8:29 am
1997-98 CSC Base Program Instructions & Forms
Page 10
9. NO litigation is threatened or pending which could
impair the applicant agency's ability to fulfill the
provisions of this application; and
10. NO adverse action is pending or threatened by any
regulatory, licensing, or oversight agency which
could impair the applicant agency's ability to
fulfill the provisions of this application.
If any of the above documents are not available or any of
these statements cannot be made, please explain below:
OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO
APPLICATION:
(Authorized officials recognized by CSC are the Board
Chair or President and/or Executive Director. If any
other signature is included below, you must include
a copy of the agency policy that establishes such
authorization:
Title:
Signature
Date:
Print Name
F:\QA_DATA\97-98RFP\BASEINS Mar4. 1997 8:29am
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF APRIL 15, 1997
GRANT APPLICATION FOR WORKPLACE EDUCATION PROGRAM
DATE: APRIL 9, 1997
Staff is requesting authorization to submit a grant application
to the Federal Mediation and Conciliation Service for funding
support to implement a Workplace Education Program for 50 City
employees who need assistance in improving their English language
proficiency, including reading, writing and spelling. The
program will be a cooperative effort among the Local 1227 Labor
Management Committee, the Palm Beach County Literacy Coalition,
and the City.
The application is for funding in the amount of $12,613.00, or
75% of the total cost of $16,818.00. This is a 75%/25%
reimbursement-type grant, with the City's share being $4,205.00.
I recommend that staff be authorized to submit the grant
application. If we are awarded the grant, the matching
requirement would need to be funded in next year's budget.
ref:agmemo5
Agenda I~em No.: ~
AGENDA REQUEST
Date: April 7, 1997
Request to be placed on:
XX Regular Agenda (Consent)
Special Agenda
Workshop Agenda When: April 15, 1997
Description 9f item (who, ~hat, where, ~o~ muc~)~ Request City Commission
approval to submit a grant aDplication to the feaeral meaiation and Conciliation
Service for lundinK in the amount of ~]2.613 or 75~ of the total cost o4 ~16.818
to provide~ with the assistance of the Palm Beach County Literacy Coalition, a
Workplace Education Program for 50 City employees who need assistance An ~mprov~n§
their EnKlish language proficiency to include readinK, writinK and sDellinK.
This is a reimbursement type grant-City funding will be requested in 1997/98 H.R. Budget
(Example: ..Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YESN~_~_O~ Draft Attached: YES/NO
Recommendation: Approval to submit application
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if ~'plicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: ~~_ .~{~!~ ~ ~u.~+ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Until: for agenda: ~/ NO~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
· OMO ~,,Im~v,I #~'3076-00{
APPLICATION FOR * ......
· ~DE~L ASSISTANCE
~~ City of Delray Beach ~~ H~an Resources Department
100 N.W. 1st. Avenue
Delray Beach, FL. '334~4 Edward J. Gusty, H~an Resources Director
561/243-7080
~ ~~~~& ~ m~t '~ Workplace Education Progr~
.Cit~ of Delray Beach and Pa~ Beach ' County
10/01/97 03/31/99! 19, 22, 23
Dnv~d T. Hard~n [ City Manaser
- ~ 04/~6/97
City of Delray Beach
and
National Conference of Fireman and Oilers
Service Employees International Union, Local 1227
Labor Management Committee
Workplace Education Program
PROPOSAL REQUEST:
This is a request from the City of Delray Beach for funding in the amount of $12,613 (75%) to
implement a Workplace Education Program for 50 employees of the City of Delray Beach who need
assistance in improving their English language proficiency to include reading, writing and spelling.
PROBLEM STATEMENT:
Palm Beach County is the 16th fastest growing county in the nation with a large influx of immigrants. A
significant portion of these individuals cannot read or write English. Research indicates that from
70,000-100,000 adults in this area read below the ninth grade. Yet 85% of all job-related materials are
written at the ninth grade level or higher. The lack of basic literacy skills puts strain on the economy in
the forms of unemployment and under employment while it affects the lives of many producing crime,
drug use, welfare, and abuse.
It is estimated that 39% of the 130 members of the City of Delray Beach workforce in local 1227 have
problems reading and understanding work directives, communicating in English, applying critical
thinking skills, problem solving, and upholding the full requirements of their jobs. This lack of basic
skills is costly to the City, in the form of lost productivity, accidents/errors, and reduced customer
satisfaction. These employees lack self esteem, basic reading, writing, and computation skills necessary
to function in today's labor market.
The Delray Beach Workplace Education Program is a proactive response to one of businesses greatest
challenges in meeting the demands of the next century created by new technology, global markets,
corporate downsizing and job restructuring with an unprepared workforce which includes many under-
educated minorities and non-English speaking immigrants.
-1-
GENERAL PROGRAM OBJECTIVES:
The purpose of the Delray Beach Workplace Education Program is to:
· Improve employees' English langUage proficiency; basic skills such as reading, writing and
spelling; and workplace knowledge.
Demonstrate a change in employee's job performance, attitude, self-esteem, and staff relations.
Increase employee retention, work productivity, and customer satisfaction.
· Reduce risk of errors and accidents.
· Improve communication between labor, management and workers.
SPECIFIC PROGRAM OBJECTIVES:
The City of Delray Beach, the Labor Management Committee, and the Palm Beach County Literacy
Coalition will work hand-in-hand to provide a cost-effective results-oriented program. To this end,
support of the City of Delray's funding request for $12,613 (budget attached) will provide the financial
resources necessary to implement and operate the Delray Beach Workplace Education Program for 18
months resulting in:
· Increased job performance/retention of 50 participating employees resulting in greater earning
potential, financial security and family stability.
· Increased English language, reading, and/or basic skills of a minimum of 50 limited English/basic
skills deficient employees resulting in improved communications, self-esteem and quality of life.
· Increased morale, communication and employee relations at the workplace facilities resulting in
improved customer satisfaction.
· Increased return on investment by fostering individual self-sufficiency and lessening dependence
on public assistance.
-2-
BENEFITS EXPECTED:
The benefits of the Delray Beach Workplace Education Program will result in an improved quality of
life, financial stability, and self~sufficiency for 50 employees and their families. The City of Delray
Beach will reap rewards in enhanced productivity, improved employee relations, and reduced errors/risk.
Most importantly, the residents of the City of Delray Beach will benefit by an upgraded labor force,
enriched economy, and satisfaction with their City's services.
APPROACH:
Strategy and Cooperative Roles:
The Local 1227 Labor Management Committee, the Palm Beach County Literacy Coalition, a local
501(c)(3) corporation, and the City will be cooperative partners in the Delray Beach Workplace
Education Program.
The Delray Beach Workplace Education Program will serve the City's employees who are native-bom
Florida residents and non-native individuals from other countries who cannot read or write English and
may also be illiterate in their own native language. It is anticipated that the majority of students will
initially be reading at the fifth grade level or below.
Employees from the Parks and Recreation, Environmental Services, and Public Works Departments will
be targeted for initial participation, although employees in need from other departments will also be
encouraged to participate. The employees will voluntarily attend 1.5 hour classes on-site at a suitable
and convenient location twice per week a portion of which will occur during normal working hours.
Four classes of 10 to 15 students are planned; two will be dedicated to speakers of other languages and
will have an emphasis on learning English along with basic and work-related skills and the other two
will be for native-bom English speakers.
A Needs Assessment of Workplace Literacy with and emphasis on English for Speakers of Other
Languages (attachment #1) will be conducted by the Coalition and the City to identify specific needs of
the employees in relation to workplace literacy.
-3-
Instruction will be delivered by the Literacy Coalition and tailored to each student's needs. A customized
job-related English, basic skills, and workplace-based curriculum will be utilized based on the outcome
of the Needs Assessment Survey. Primary topics include: company policy, personal safety, worksite
safety, work-related language and social interaction within the American workplace.
The Coalition's mission is to promote and achieve adult literacy, thereby improving the quality of life in
our co _mmunity. Established in 1989, the Coalition is the major entity in Palm Beach County with the
sole focus of promoting adult literacy. A total of 5000 people have been directly assisted by the
Coalition's programs with countless numbers benefiting indirectly by way of the Coalition's
outreach/awareness efforts.
Over the last several years, a unique Medical Workplace Education Program was established as a result
of partnerships between seven Palm Beach County medical facilities and the Literacy Coalition. This
program is a prime example of' how the Coalition is uniquely effective at building bridges between
business and education to address critical social and economic issues.
The Labor Management Committee will take an active role, in cooperation with the Palm Beach County
Literacy Coalition in the development, coordination, and monitoring of the Delray Beach Workplace
Education Program. A listing of the members of the Labor Management Committee can be found in
attachment #2. The Labor Management Committee meets on a monthly basis and has been in existence
for two years. This Committee is prepared to assume the Workplace Education Program as a key
project. Federal dollars are being requested because the City's training budget is limited and does not
allow for expansion into a Workplace Education Program of this magnitude.
· Major Milestones
The following timeline will be followed:
TIMEFRAME (months) ACTIVITY
1 ...................... Conduct Needs Assessment
2-3 .................... Develop Program & Curriculum
4-9 .................... Operate Classes
10 ..................... Evaluate Results to date
11-17 .................. Operate Classes
18 ..................... Evaluate Results/Post Testing
-4-
EVALUATION:
The effectiveness of the Delray Beach Workplace Education Program will be monitored on a regular
basis by the Literacy Coalition Project Coordinator with input from the Labor Management Committee
and the City. From the information provided in the initial Needs Assessment and the results of the
interim evaluation check at month 10, we will be able to determine the success of the program and make
any necessary adjustments to better meet our objectives. We will develop interim testing measures and
survey, instruments to review increased skill levels, improved communication, understanding, and
working relationships. A final evaluation and post testing will be conducted to determine overall
effectiveness and outcomes.
OTHER REQUIREMENTS:
· Letters of Commitment: Attachment #3
· Number of employees in Program: 50
· Information concerning Labor-Management Committee: Attachment #4
· Budget Narrative: Standard Form 424A and attachment
· Assurances by Labor-Management Committee: Attachment #5
-5-
Budget Attachment
Workplace Education Program
Item 6 e. Supplies: Totals
Consumables (paper, pens, paper clips, copies etc.)
~ $5.00/person/month for 13 months ................................................... $ 3,250
Item 6 f. Contractual:
Project Development ~ $20/hr. x 80 hrs ............................................ $ 1,600
Project Coordination/monitoring/evaluation ~ 20/hr. x 80 hrs ..........$ 1,600
4 classes/3 hrs.wk/48 wks./teacher at $18far ...................................... $10,368
Total: $16,818
NOTE: The 25% matching funds or $ 4,205 of the total cost will be provided by the
City of Delray Beach.
budget
10. Will comply, i~ applicable, with flood insurance 13. Will assist the awarding agency in assuring
purchase requirements of Section 102(a) of' the compliance with Section 106 of the National
Flood Disaster Protection Act of 1973 (P.L. 93-234) Historic Preservation Act of 1966, as amended (16
which requires recipients in & special flood hazard U.S.C. 470), EO 11593 (identification and
area to participate in the program ~udto purchse protection of' historic properties), and the
flood insurance if' the total mst of' insurable Archaeological and Historic Preservation Act of'
construction and acquisition is $I0,000 or more. 1974 (16 U.S.C. 469a-I et seq.). ..
11. Will comply with environmental standards which 14. Will comply with P.L. 93-348 regarding the
may be prescribed pursuant to the following'. (a) protection of human subjects involved in research,
institution of environmental qdality control development, and related activities supported by
measures under the National Environmental this award ofasslstance.
Policy Act of' 1969 (P.L. 91-190) and Executive
Order (EO) 11514; (b) notilication of' ~riolating 15. Will comply with the Laboratory Animal WeLfare
Act of 1966 (P.L. 89-544, as amended. 7 U.S.C.
facilities pursqant to EO 11738; (c) protection of 2131 et seq.) pertainln~ to the care, handling.
wetlands pursuant to EO 11990; (d) evaluation of'
treatment of' warm blooded animals held For
?' flood hazards in floodplains in a¢~:ordance with §ilo
11988; (e) assurance of proiect consistency with research, teaching, or other activities supported by
this award of assistance.
the approved State management program
developed under the Coastal Zone Management 16. Will ~omply with the Lead-Based P~int Poisoning
Act of. 1972 (16 ti.S.C. §§ 1451 et seq.); (i') Prevention Act (42 U.S.C. §§ 4801 et seq.) which
conf.ormity of.Federal actions to State (Clear Air) prohibits the use of. lead based paint in
Implementation Plans under Section 176(c) of the construction or rehabilitation of residence
Clear Air Act of 1955. as amended (42 U.S.C. § structures.
'/401 et seq.); (Il) protection of.under,round sources 17. Will cause to be performed the required ~nciat
of drinking water under the Safe Drinking Water and compliance audits in accordance with the
Act of 1974, as amended. (P.L. 93-523); and (h)
protection of endangered species under the Single AiiditActof1984.
Endangered Species Act of 1973, as amended, (P.L. 18. Will comply wi.th a. ll applicable requirements
93-205). other Federal laws, executive orders, regulations
12:'~11 comply with the Wild and Scenic Rivers Act and policies iloverning this pro~raa~
ot' 1968 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or potential components of'
the natiohal wild and scenic rivers s~stem.
$:GNATUR£ OF AUTHORIZED C£RTI~'¥1NG OFF~CLAL TITLE
David T. Harden .City Manager
APPUCANT ORGAJ~ILZATION DATE SUBMITTED
City of Delray Beach 04/16/97
SF 42z8 ~4..88!
ce~c£f£ca~ion Regarding Dr=g-Free Workplace Rec~renen~s
A. The g~antee certifies that it will provide a drug-free workplace by=
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees
about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free
workplace;
3. Any available drug counseling, rehabilitation, and employee
assistance programs; and
4. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required
by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grant, the employee
will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no
later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under
subparagraph (d)2. from an employee or otherwise receiving actual
notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving
notice under subparagraph (d)2., with respect to any employee who
is so convicted:
1. Taking appropriate personnel action against such an
employee, up to and including termination; or
2. Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a} through (f).
B. The grantee shall insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of Performance (street address, city, county, state and zip code)=
Classes will be held at City Facilities at suitable locations
includinR tbe_C2mmunitM Center~50 NW 1st. Ave.), Environmental
Services Offices(434 S. Swinton Ave.)and City Hall (100 NW lst.Ave.)
04/16/97
Signature Date
David T. Harden, City Mans§er
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~uNAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 15, 1997
SPECIAL EVENT APPROVAL/USA BEACH VOLLEYBALL TOURNAMENT
DATE: APRIL 11, 1997
This is before the Commission to approve a request from USA Beach
Volleyball to allow two tournaments on the City's beach, May 31
to June 1, and October 11-12, 1997. USA Beach Volleyball, a
non-profit organization, is the official sanctioning agency for
volleyball in the United States, and is the parent organization
of the Olympic indoor and outdoor volleyball teams.
Details of the event are outlined in the attached memorandum from
Mr. Weldon. It is essentially the same arrangement as those made
for previous volleyball tournaments conducted on our beach.
Recommend approval of the request from USA Beach Volleyball for
two volleyball tournaments to be held on the Municipal Beach in
May and October, 1997.
Agenda Item No.: ~U
AGENDA REQUEST
Date: March 28, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 15, 1997
Description of agenda item (who, what, where, how much): Request approval
to host 2 volleyball tournaments for USA Beach Volleyball at our municipal beach
on May 31 - Junel. 1997 and October 11 and 12~ 1997.
ORDINANCE/ RESOLUTION REQUIRED: YES~NO~ Draft Attached: YES/NO
Recommendation: Approval.
Determination of Consistency wi~ Comprehensive 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
[ITY DF I]ELAAY BEll[Ii
DELE^¥ 8EACH
~ 100 N.W. Ist AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/'243-7000
/tlI-America City
1993
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: USA Beach Volleyball
DATE: March 28, 1997
Attached please find a request from USA Beach Volleyball to hold two (2)
volleyball tournaments on our beach May 31 - June 1, 1997 and October 11
and 12, 1997. USA Beach Volleyball is the official sanctioning agency
for volleyball in the United States and is the parent organization of the
Olympic indoor and outdoor volleyball teams. The setup would be similar
to the previous volleyball tournaments that have been conducted on our
beach, and they would supply a $4 million insurance policy naming us as
additional insured. Although we have not charged in the past for these
tournaments, I suggested that if they were so inclined, they could make a
contribution to our Ocean Rescue competition team. USA Beach Volleyball
will require the following:
1.) 20 - 30 temporary volleyball courts.
2.) Mr. Lockheimer was not sure at this point of what tenting or platform
requirements he may have.
3.) A $5 parking fee per car per day at Sandoway Park.
4.) Allow support vehicles on the beach for tournaments.
5.) Allow signage publicizing these events and sponsors on the beach.
Mr. Lockheimer says at this point they have no sponsors, but I advised
him that if they do want banners and signs, they have to be approved by
us.
6.) Mr. Lockheimer is not clear yet on whether they will need outlets,
overnight parking, extra trash cans, etc., but will have that information
within the next several weeks.
THE EFFORT ALWAYS MATTERS
Pr~nted on Recycled Paper
FLORIDA REGION
February 5, 1997
Mr. Joe Weldon
Director of Parks & Recreation
City of Delray Beach
100 NW 1 st Ave.
Delray Beach, FL 33444
Dear Joe:
Thank you for allowing me to present briefly present to you over the phone the 1997 USA Beach Volleyball
Florida Pro-Am Series. This year's cities include Miami Beach, Ft. Lauderdale, Lauderdale By The Sea,
Deerfield Beach, Lake Worth Beach, Ft. Myer, Clearwater, Singer Island and hopefully Delray Beach.
Numerous benefits of becoming part of our series include:
1-Nonprofit Organization USA Volleyball the governing body for volleyball in the Unites States is a
nonprofit organization with a 501C3 status.
2-Number of events Your city will be advertised during fifteen events between the months
of April to October. You logo will appear on all t-shirts, flyers,
newspaper advertising and registration forms.
Next week we will be following up with a phone call to answer any questions you might have about the series
and where we will be expanding to in 1998 and 1999. We look forward to adding your city to our list of
prominent tour stops.
Sincerely,
.; /.- /~1
Harold J. Lockheimer
South East Florida
Outdoor Director
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 · FAX: (305) 932-3033
Please place this on the April 15, 1997 agenda for City Commission
consideration.
reation
Attachments
cc: Sharon Morgan
Executive Assistant
Rich Connell
Beach Supervisor
JW:cp
Ref:usavolly
FLORIDA REGION
USA B EA CH VOL L E YBA L L
FL 0 RIDA PR 0 -A/v/ SERIES
A PROPOSAL BY EVENTS MARKETING ~, FUND RAISING & USA VOLLEYBALL FOR
TILE' ClTYOI:DI~Li~AYSEACI-.ITO BECOME ALLOW ON THE BEACH THE
1997 USA BEACH VOLLEYBALL FLORIDA PRO-AM SERIES.
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 · FAX: (305) 932-3033
FLORIDA REGION
MarCh I , I g96
THIS PROPOSAl IS PROPERTY OF EVENTS MARKETING ~ FUND RAISING Co. BECAUSE It CONTAINS CONFIDENTIAL
INFORMATION PROPRIETARY TO EVENTS MARKETING ~ FUND RAISING CO. , NO COPIES MAY BE MADE WHATSOEVER
OF THE CONTENTS HEREIN NOR ANY PART THEREOF, NOR SHOULD THE CONTENTS BE DISCLOSED TO ANY PARTY
NOT PREVIOUSLY AUTHORIZE BY EVENTS MARKETING ~ FUND RAISING CO. TO DISCUSS SAID CONTENTS.
TABLe Of CONTENTS PAGE
I . INTRODUCTION I
2. Program 2
3. GOALS 2
4. RADIO ~ NEWSPAPER ADVERTISING 2
5. JNTERNET ADVERTISING ~
6. DEMOGRAPHICS 2
7. NUMBER OF PARTICIPANTS IN 1996 AND
PROUECTED PARTICIPANTS IN J 997
8. COST OF ASSESSING CONSUMERS ON A
EFFICIENCY BASIS 3
g. NUMBER Of VOLLEYBALL COURTS SET UP AT
EACH EVENT 3
O. IMPORTANT SURVEY FACTS ABOUT OUR SERIES 3
I . TOURNAMENT DATES FOR 1997 3
P. PAST AND FUTURE TOURNAMENT CITIES 4
3. TOURNAMENT SPONSORS 4
8. DIVISIONS AND DAYS 4
g. LONG TERM PLANS 4
20. CLOSING REMARKS ..%
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 · FAX: (305) 932-3033
FLORIDA REGION
INTRODUCTION
USA VOLLEYBALL IN CONJUNCTION WITH EVENTS MARKETING AND FUND RAISING CO. PRESENTS THE 1997 USA
BEACH VOLLEYBALL FLORIDA PRO-AM SERIES. A YEAR AGO A THIS PRO-AM BEACH VOLLEYBALL SERIES WAS
BORN AT PENROD'S SOUTH BEACH UNDER THE DIRECTION OF THE USA VOLLEYBALL OUTDOOR DIRECTOR FOR
THE SOUTH EAST FLORIDA REGION HAROLD LOCKHEIMER. THE I CjC:J6 SERIES HAD NINE TOURNAMENTS PLAYED
ON SOUTH BE. ACH-MIAMI BF. ACH, FL_.
DUE TO OUR SUCCESS IN 1996 AND THE GREAT COVERAGE THE USA MEN'S BEACH VOLLEYBALL TEAMS
RECEIVED WHILE WINNING ThE GOLD AND SILVER MEDAL ON NBC SPORTS DURING THE OLYMPIC IN ATLANTA. THE
I cJcJ7 USA BEACH VOLLEYBALL FLORIDA PRIAM SERIES WILL EXPAND From MIAMI BEACH TO ALSO INCLUDE
Ft. LAUDERDALE, LAUDERDALE BY the SEA, DEERFIELD BEACh, WEST PALM BEACh ANd HOPEFULLY DELRA¥
BEACH (FIFTEEN tOURNAmENTS) DURING 1997
/..~96 SPONSORS INCLUDED: UNITED AIRLINES, FIRST UNION, SEAKRUZ CASINO BOAT, PENROD 'S SOUTH
BEACH, VBRAGS VOLLEY WEAR (SPONSOR OF THE SILVER MEDALIST AT THE OLYMPIC /~IIKE DODD), BLUE
RIBBON WATER, I~IlI(ASA SPORTS (THE OFFICIAL BEACH VOLLEYBALL OF THE ATLANTA OLYMPICS) AND A HOST
OF OTHERS.
THIS UNIQUE SERIES HAS BECOME THE TALK OF FLORIDA VOLLEYBALL PLAYERS. DURING THE MONTHS OF APRIL
THROUGH NOVEMBER WE WILL PRESENT A PREMIER VOLLEYBALL SERIES WITH ADVERTISING IN THE MEDIA TO A
POPULATION OF ;::~.3 MILLION TOURIST AND OVER 4 MILLION RESIDENTS WhO VISIT AND LIVE IN SOUTH EAST
FLORIDA. ThIS IS WHY WE REQUEST ThE SUPPORT OF THE CITY OF DELRAY BEACH.
THE POTENTIAL MARKET TO BE REACHED THROUGH YOUR SUPPORT OF THE 1997 USA BEACH VOLLEYBALL
FLORIDA PRE, AM SERIES IS OUTSTANDING. THE AUDIENCE IS ENERGETIC, ENTHUSIAStiC AND BRAND LOYAL. ThE
OLYMPICS HAVE CREATED AN INCREDIBLE AMOUNT OF GROWTh. OPPORTUNITIES fOR BRAND/LOGO PLACEMENT
ARE LIMITED ONLY BY THE IMAGINATION. Your CITY WILL RECEIVE HIGH-LEVEL EXPOSURE TO AN AUDIENCE YOU
CAN'T AFFORD TO MISS. POTENTIAL PROMOTION FROM THIS EXPOSURE IS IMMINENT AS ARE THE OPPORTUNITIES
TO A~-FRACT POTENTIAL TOURIST.
PLEASE TAKE SEVEN MINUTES TO READ THIS PROPOSAL. THANK YOU!
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 · FAX: (305) 932-3033
FLORIDA REGION
PROGRAM:
SUPPORT CONSIST Of ALLOWING US TO HAVE A REGULAR SEASON AND CITY CHAMPIONSHIP EVENT DURING THE
I CJ97 USA BEACh VOLLEYBALL FLORIDA Prc~Am SERIES. THIS WILL ALLOW )~OLIR GIT~ tO PrOmOTE AND
SHOWCASE ItSELf TO VOLLEYBALL fANS AND PLAYERS At all TOUrNAmENtS dUrING the mONThS OF APril
THROUGH NOVEmBEr.
GOALS:
FOR USA VOLlEYBALl ~ EVENTS MARKETING (~ FUND P~ISlNG Co. TO PROMOTE AND ADVERTISE YOIJR Cl7~ IN
THE I 997 USA BEACH VOlLEYball FLORIDA Pro-Am SERIES. ThIS COVERS AN AUDIENCE OF 4 MILLION
LOCAL RESIDENTS aND 2.3 mILLION TOURIST A YEAR. To CONTINUE TO INCREASE THE NUMBER OF TOURNAMENTS
AND CITIES WE COVER AND EVENTUALLY BY I ggg GO STATE WIDE.
RADIO ~X NEWSPAPER ADVERTISING:
A) ThE SERIES AND EACh TOURNAMENT WILL BE ADVERTISED ON Y- ~ O0/BIG I 06 DEPENDING ON THE TYPE
OF SPONSORSHIP YOU CHOOSE.
B) The SEriES AND eACH TOURNAMENT Will be AdVErtiSEd IN FLORIDA SPORTS ( ) 40,000 MAGAZINES A
MONTH TO ALL ATHLETES IN THE STATE OF FLORIDA).
INTERNET ADVERTISING:
ALL TOURNAMENTS SITES AND SPONSORS Will BE ON OUR INTERNET ADDRESS WWW.EMFR.COM. WE WOULD
ALSO LIKE TO HYPERLINK YOUR SITE TO OUR THEREFORE GIVING THE PARTICIPANTS THE OPPORTUNITY TO
DIRECTLY GO TO YOUR SITE FROM OURS.
DEMOGRAPHICS ( BASED ON USA VOLLEYBALL FLORIDA REPORT I gg6):
AGE: ~ I TO 36
SEX: 2 1% FEMALE, 79% MALE
EDUCATION: BACHELOr' S DEGree
Avg. HOUSEHOLD INCOme: ~PoS,000
F{ACE: ANGLOS, CANADIAN, CUBAN, DOMINICAN, ~JEWISH, IriSh, ITALIAN, POLISH,
PUERTO F~ICAN, VENEZUELAN, NICARAGUAN ~ BRAZILIAN
GEOGRAPhiC LOCATION: SOUTHEASt FLORIDA
NUMBER OF PARTICIPANTS IN I 996 AND PROJECTED PARTICIPANTS IN | 997:
1996 1997
MALES I 176 2000+
FEMALES ~CJ(3 335 Jr
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 o FAX: (305) 932-3033
FLORIDA REGION
COST OF ACCESSING THE CONSUMER ON AN EFFICIENCY BASIS
BEACH TRAFFIC PER SITE PER DAY MIAM BEACH (SOUTH BEACH 2,000+ )
FT. LAUDErDALE BEACH (500+)
DELRAY BEACH (?????)
DEERflE1d BEACH (500+)
LAKE WOrth BEACH (650+)
SINGER ISLAND (750+)
FT. MYERS beach (300+)
NUMBER OF VOLLEYBALL COURTS SET UP AT EACH EVENT:
REGULAR SEASON EVENTS- I 8 courts, CItY CHAMPIONSHIPS-22 COURTS, STATE CHAMPIONSHIP24 COURTS
IMPORTANT SURVEY FACTS ABOUT OUR SERI,ES:
J - 67% OF EVENT A~FENDEES CAN IDENTIFY AT LEAST THE CITY BY NAME ONE MONTH AFTER EACH
TOURNAMENT.
2- 73% OF THOSE SURVEYED STATED THEY WOULD BE MORE LIKELY TO VISIT A CITY THAT SPONSORED A
LOCAL EVENT. THESE STATISTICS HELD AGE AND EARNINGS CATEGORIES, WITH PRODUCT LOYAL]-Y
INCREASING AT HIGHER INCOME LEVELS.
3- g5.3% OF AI]LNDEES SAID THAT WHEN THEY SAW A CiTY SPONSORING THE EVENT, IT GAVE THEM A
POSITIVE IMAGE ABOUT THE CITY.
TOURNAMENT DATES AND SITES FOR I 997:
APRIL 5-6 MIAMI E~EACH IN CONOUNCTION WITH THE WOMEN'S Pro Tour
J~IAY 3-/[ FT. LAUDERDALE BEACH AT SHERATON YANKEE CliPPEr
MAY 24-25 FT. ~VIYERS BEACH
I~lA y 3 / -JUNE / DELRA Y BEACH???????????????????~?~?~?~?
~IUNE I 4- I 5 LAKE WORTH BEACh
JUNE 28-29 IVllAMI BEACH
~JULY 5-6 FT. LAUDERDALE BEaCh AT SHERATON YANKEE CLIPPER
~JULY 26-27 SiNgER ISLAND AT RiVIERA BEACh
AUGUST 9- I 0 SINGER ISLAND AT RiVieRA BEaCh
AUGUST 23-24 I~IIAMi BEACH CHAMPIONSHIPS
SEPTEMBER I 3- I 4 SINger ISLAND At RIVIERA BEACh ChAMPIONShIPS
SEPTEMBER 20-2 I FT. LAUDERDALE CHAMPIONSHIPS AT SHERATON YANKEE CLIPPER
OCTOBER 4-5 J.R. DUNN CHARITIES DEERFIELD Beach CHAMPIONSHIPS
OCTOBER / J-/ 2 OELRAY BEACH CHAMPIONSHIPS ?????????????????
OCTOBEr I 8- I 9 USA BEACH VOLLEYBALL FLORIDA STATE CHAMPIONSHIPS SINGEr ISLAND
AT RIVIERA BEACh
ALL DATES WILL BE FINALIZED BY MARCH I 3, 1997
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 · FAX: (305) 932-3033
FLORIDA REGION
PAST AND FUTURE TOURNAMENT CITIES:
996 NINE TOURNAMENTS IN MIAMI BEACH
997 Fifteen TOURNAMENTS IN MIAMI, FT. LAUDERDALE, LAKE WORTH BEACH, SINGER ISLAND AT RIVIERA
BEACH, DEL. RAY BEACH {???)~ DEERFIELD BEACH
998 MIAMI, FT. LAUDERDALE, LAKE WORTH, DEERFIELD, SINGER ISLAND, FT. MYERS, DELRAY BEACH
999 MIAMI, FT. LAUDERDALE, DEERFIELD, CLEARWATER, SINGER ISLAND, FT. MYERS, COCOA BEACH, DELRAY
BEACH
TOURNAMENT SPONSORS:
HOTEL SPONSORS;
SINGER ISLAND DAYS INN OCEANFRONT RESORT
LAKE WORTh Howard JOHNSON'S
DEERFIELD
FT. LAUDERDALE BEACh SHERATON YANKEE CLIPPER
MIAMI BEACH KENT HOTEL
BALL SPONSOR'
MIKASA BEACH Pro THE OFFICIAL BEACH VOLLEYBALL OF THE 2000 OLYMPICS IN SYDNEY
NET SPONSOR;
SPEEDO The OffiCIAl SPONSOR OF KArCH KIRALY ~ I PLAYEr in the WORLD
WATCH SPONSOR;
FREESTYLE THE NUMBER ONE OUtdOOr WAtCh For BEACh VOLLEYBALL
~J EWELRY SPONSOR;
O.R. DUNN THE STORE Of EXCELLENCE IN JEWERLY IN SOUTH FLORIDA
EYEWEAR
EASSUM EYEWEAR THE OFFICIAL EYEWEAR OF CARL LEWIS
CREDIT CARD SPONSOR;
VISA USED IN MORE LOCATIONS WORLDWIDE THAN ANY OTHER CARD
DIVISIONS AND DAYS:
SATURDAY MEN'S AAA, AA, A, BB, b WOMEN'S AAA, A, B
SUNDAY CC~ED OPEN, A, B, Fours
LONG TERM PLan:
To ESTABLISH AN ONGOING RELATIONSHIP WITH YOUR C/WAND EXPAND THE BEACH VOLLEYBALL SERIES TO
BECOME STATEWIDE IN I 999 AND PRESENT THE PREMIER BFIACH VOLLEYBALL SERIES IN FLORIDA WHERE YOUR
CIT~ WILL BE PROMOTED AND ADVERTISED BY EVENTS MARKETING ~ FUND RAISING Co. IN THE HIGHEST
PROFESSIONAL AND EXEMPLARY FASHION tO THE ADULT VOLLEYBALL COMMUNITY OF FLORIDA.
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 · FAX: (305) 932-3033
FLORIDA REGION
CLOSIN~ REHARK$
SINCE I CJ84, I HAVE BEEN INVOLVED IN DIRECTING VOLLEYBALL TOURNAMENTS FOR PENN STATE UNIVERSIT'f
(DELAWARE COUNT~ CAMPUS), TEMPLE UNIVERSITY AND VILLANOVA MEN'S VOLLEYBALL TEAMS. AT PENN STATE, I
DIRECTED A TWELVE TEAM MEN'S INTERCOLLEGIATE TOURNAMENT IN J gJ~5. WHILE AT TEMPLE UNIVERSITY J
CREATED AND DIRECTED THE AHIV (ATLANTIC MEN'S INTERCOLLEGIATE VOLLEYBALL) LEAGUE. DURING MY
TENURE, THE LEAGUE GREW FROM SIX TO FOURTEEN TEAMS AND HAD THE ITS FIRST AMIV TOURNAMENT, IN
J g~7, HOSTED BY TEMPLE UNIVERSITY AT HcGONIGLE ARENA. WHILE AT VILLANOVA, J DIRECTED ITS J 994
HEN'S VOLLEYBALL INVITATIONAL. JN J ~)g5 J WORKED FOR THE ASSOCIATION OF VOLLEYBALL PROFESSIONALS
IN CHARGE OF VIP SEATING AT ALL EASTERN UNITED STATES SITES.
IN HAY OF I Lc:D6 I WAS NAMED USA OUTDOOR DIRECTOR FOR THE SOUTHEAST FLORIDA REGION AND BEGAN
COORDINATING AND DIRECTING THE I ~)~)6 SOUTH FLORIDA PRO-AM BEACH VOLLEYBALL SERIES. WE HAVE
BEEN FORTUNATE WITH THE GREAT SUCCESS OUR SERIES HAS HAD AND THE INTEREST BEACH VOLLEYBALL
CREATED IN THE I (2~)6 ATLANTA OLYMPICS WHEN TWO OF THE USA HEN'S TEAMS WON THE OOLD AND SILVER
MEDAL. WITH MY TWELVE YF_..A~S OF EXPERIENCE IN DIRECTING TOURNAMENTS AND YOUR PRODUCT A3 A
SPONSOR, I AM CONFIDENT IN THE CONTINUED SUCCESS OF THIS SERIES AND IN TURN THE SALE OF YOUR
PRODUCT INCREASING WITHIN THE STATE OF FLORIDA AND ITS VOLLEYBALL POPULATION.
IT WOULD BE A PRIVILEGE TO BEGIN A WORKING RELATIONSHIP WITH YOUR COMPANY AND CONTINUE TO PROVIDE
THE FLORIDA COMMUNITY WITH A GREAT EVENT. BY CONTINUING TO BUILD UPON THE SUCCESS OF THE { 996
SERIES AND STRENGTHENING OUR FOUNDATION I .HAVE NO DOUBT THIS UNION WILL PROVE TO BE A SUCCESS FOR
BOTH PARTIES INVOLVED. A METICULOUSLY ORGANIZED EVENT, DEDICATED MANAGEMENT, AND YOUR COMPANY'S
INHERENT ASSETS EOUAL SUCCESS. I WILL BE FOLLOWING UP WITH A PHONE CALL NEXT WEEK IN ORDER TO SET
UP AN APPOINTMENT AND ANSWER ANY OUESTIONS YOU WOULD HAVE IN REFERENCE TO THE SERIES. THANK YOU
FOr YOUR TIME AND CONSIDERATION. WE HOPE YOU CONSIDER AND EVENTUALLY ALLOW US TO USE YOUR BEACH
FOR OUR EVENTS.
RESPECTFULLY SU BMI]-FED,
HAROL~'~-O. LOCKHEIMER
USA VOLLEYBALL OUTDOOR DIRECTOR
SOUTH ~T FLORIDA REGION
20533 BISCAYNE BOULEVARD, SUITE 161 · AVENTURA, FLORIDA 33180
(305) 932-3665 - FAX: (305) 932-3033
FLORIDA REGION
AGREEMENT
A) CITY SPONSORSHIP
THE CITY OF DELRAY BEACH ALLOWS US TO USE THE BEACH FACILITY FOR TWO B~CH
VOLLEYBALL TOURNAHENTS AT A MININIAL OR NO COST
USA VOLLEYBALL PROVIDES THE FOLLOWING:
* J 44 SERIES T-SHIRTS YOUR LOGO INCLUDED TO THE FIRST J 44 PARTICIPANTS TO SIGN UP FOR A USA
VOLLEYBALL VISA CREDIT CARD (WHICH BENEFITS THE NATIONAL TEAMS AND LOCAL REGION) AT ALL THE
EVENTS
* LOGO DISPLAYED ON ALL REGISTRATION MAILINGS DONE TO ALL PARTICIPANTS FOR EACH EVENT
* FOUR FULL PAGE ADDS LOGO INCLUDED IN THE APRIL. NlaY, ~IuLY/AUGUST AND OCTOBER iSSUE Of
FLORIDA SPORTS ( J J 4,000 MAGAZINES DISTRIBUTED IN FLORIDA MONTHLY)
* Two COURT SIDE BANNERS PROVIDED BY YOUR CITY fOR THE MAIN COURT AT BOTH EVENTS.
LEGAL AGREEMENT
JF THE ABOVE PROPOSAL/CONTRACT ARRANGEMENTS AND TERMS ARE SATISFACTORY TO YOU AN[:) YOUR CO~fPAN~
PLEASE SIGNIFY YOUR ACCEPTANCE iBY PLACING YOUR SIGNATURE IN THE APPROPRIATE LINE BELOW AND FAXING
OR MAILING AN EXECUTED COPY TO OUR ADDRESS.
BY: HAROLD ~J. LOCKHEIMER-USA VOLLEYBALL FLORIDA REGION
ACCEPTANCE:
READ, APPROVED aND aCCEPTED THIS DaY Of I 9CJ7.
BY: dOE WELDON-DIRECTOR OF PARKS ~ RECREATION
20533 B~SC^¥NE BOULEVAP. D, SUITE 161 · Av~tUR^, FLORID^ 33180
(305) 932-3665 ' V~,X: (305) 932-3033
[ITY OF DELR#Y BE#[i
CITY ATTORNEY'S OFFICE ~'" :~¥"
Writer's Direct Line: (561) 243-7~
D[LRAY BEACH
Ali. America Ci~ ~MO~~
April 9, 1997
1993
TO: City Co~ission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Blood's Ha~ock Groves - Phase I Water Main
Attached for your acceptance are two Easement Deeds from Norman W. Blood, Jr. and
James D. Blood. These two Easement Deeds allow the City to maintain the newly
installed water main associated with the Blood's Hammock Groves business. Once
accepted, the easements will be recorded in the Public Records for Palm Beach County.
If you have any questions, please call.
DNT:srnk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Richard Hasko, Assistant City Engineer
bloods-1 .dnt
Pr!r'ted on Recycled Paper
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Defray Beach, Florida 33444
THIS INDENTURE, made this ,/~-/e'day of/~t~ff.4.~.~_, 1997, by and between
NORMAN W. BLOOD, III, AND JAMES D. BLOOD, with a mailing address of P.O. Box
2106, Defray Beach, Florida 33444, party of the first part, and the CITY OF DELRAY
BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a
municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the
following described property located in Palm Beach County, Florida, to-wit:
See Exhibit "A'
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees
to erect no building or effect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as
a result of such installation or spoilage deposited thereon, will be restored to its original
condition or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
(name printed or typed) / NORMAN W. BLOOD, III
WITNESS #2:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~_.~day of
~, 1997 by NORMAN W. BLOOD, III. He is personally known to me or has
produced /~.[a' . as identification. / ~ ~ /
[3,~,?it~.~O ¢0S0487~ '1 of Floriaa
WITNES~I: t~: O,y,~' "O,..L.I,0~. J PARTY OF THE FIRST P~T~
(name printed or typed) ~J~ES D. BLOOD
WITNESS ~2:
(name printed or typed)
STATE OF FLOffiDA
COUNTY OF PALM BEACH
The foregoing instrument was ac~owledged before me ~is ~ day of
~~ , 1997 by J~ES D. BLOOD. He is persomlly ~own to me or has produced
D ~ as identification.
rev. 2/24/97 ...... -
.. /- POINT OF ENDING
/
~ 1100'
REFERENCE POINT "A" ~'~_ ~/-.~-- POINT OF ENDING "A" w--£
~.oo' /
0 PD]N[ DF CDNNENCENENT
~ ~NO~TNVEST CO~NE~
~ ~ / LAT OF FOXE CH E
I' 12' U.E~ . ~P
HAMMOCK
GROVES ~ ~ ~ ~
~8g'52'27"W ~ ~
i 5~4.00' ~ ~
/
DESCRIPTION: ~ ~
A PARCEL OF LAND IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, 12 FEET IN WIDTH LYING 6 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE NORTHWEST CORNER OF THE PLAT OF FOXE CHASE, AS
RECORDED IN PLAT BOOK 58, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01' 07' 55" EAST, ALONG THE
WEST LINE OF SAID PLAT OF FOXE CHASE, A DISTANCE OF 523.82 FEET;
THENCE, SOUTH 88' 52' 27" ~ST, A DISTANCE OF 594.00 FEET TO A POINT ON
A LINE 594.00 FEET WEST OF AND PARALLEL TO THE WEST LINE OF SAID PLAT
OF FOXE CHASE SAID POINT ALSO BEING THE POINT OF BEGINNING.
THENCE, NORTH 01' 07' 53" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF
40.67 FEET; THENCE, NORTH 46' 22' 00" WEST, A DISTANCE OF 71.40 FEET;
THENCE, NORTH 01' 22' 00" WEST, A DISTANCE OF 69,00.FEET TO REFERENCE
POINT A;
THENCE, CONTINUING NORTH 0t' 22' 00" WEST, A DISTANCE OF 11.00 FEET TO
THE POINT OF ENDING;
AND BEGINNING AT SAID REFERENCE POINT A; THENCE, NORTH 88' 58' 00"
EAST, A DISTANCE OF 11.00 FEET TO THE POINT OF ENDING A.
THE SIDELINES OF SAID PARCEL TO 'BE LENGTHENED OR SHORTENED TO MEET
AT ANGLE POINTS AND AT THE PROPERTY LINE.
~96117~W_EASM_I.DWG
sc~l~ ~"= 40' ~SHEREMETA ASSOCIATES,
EXHIBIT "A"
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. tst Avenue
Delray Beach, Florida 33444
THIS INDENTURE, made this /~9 day of ~, 1997, by and between
NORMAN W. BLOOD, JR., Individually and NORMAN W. BLOOD, JR., and
NORMAN W. BLOOD, III, AND JAMES D. BLOQD,.Personal Representativ__~ of the
Estate of Carolyn J. Blood, with a mailing address of /'/0/~9/0 ~ '~ ~/~a.~
~,-.'~L.--~ , party of the first part, and the 'CITY OF DELRKY BEACH,
with a mailing address of 100 N.W. Ist Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the
following described property located in Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees
to erect no building or effect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as
a result of such installation or spoilage deposited thereon, will be restored to its original
condition or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easemem Deed set their hands and seals
the day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
(name printed or typed) NORMAN W. BLOOD, JR.,
Individually and as Personal Representative
WITNESS #2:
F. 0xl0rd / /
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
foregoing instrument was acknowledged before me this ,/~day of
The
~/[~, 1997 by NORMAN W. BLOOD, JR. He is personally known to me or has
/-
produced f~-,~ as identification
.o cr% ,,No. F of Notary m61 - State
~ .~ka~.~t ,~ OOMms"tON NU.aE. Florida
cc,o,,. '"*ll
"&_ 0(~ TM MY °OMH~SSJON EXP. I
v.., 8.1gg~p~l:Ty OF THE FIRST PART
WITNES~#I: u~ ~. NO '
(na~e'pri~t;'d or typed) /NORMAN W. n£OOD, III,
Individually and as Personal Representative
WITNESS #2:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ,//?~ day of
~, 1997 by NORMAN W. BLOOD, III. He is personally known to me or has
identification. ..a~~//c~
produced p}~ as
- -- . · ..,.._ ~r~_ LINDA F OXFORD
/ ofyloridal~ 11',~,Cr'O_ .
I~ ~"d~ _~ gOMMISIION NUMBER
I "~_ ,.~ MY UOMMIIIION EXP.
I~ o; F~,,o- NOV. 4.tBOg_
(name printed or typed) ,~ JAMES D. BLOOD~
Individually and as PerSonal Representative
WITNESS #2:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
-~C Or--.., 1997 by JAMES D. BLOOD. He is person, ally known to me or has produced
/O/<~ as identification.
lorida
~cl ,,~ .~ure o f Notary 1~ lc-State
EASMENT.DED ~-I~v /)~- OFFICIAL "OTA.¥ IlEaL
rev. ' 0'~.
2/24/97
~ ,~1~ ~ OOMMIiIION NUMBER I
DESCRIPTION:
A PARCEL OF LAND IN SECTION 25, TOWNSHIP 45 SOUTH. RANGE 42 EAST, PALM
BEACH COUNTY. FLORIDA. 12 FEET IN WIDTH LYING 6 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE NORTHWEST CORNER OF THE PLAT OF FOXE CHASE, AS
RECORDED IN PLAT BOOK 38. PAGES 1 AND 2 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01' 07' 35" EAST. ALONG THE
WEST LINE OF SAID PLAT OF FOXE CHASE.' A DISTANCE OF 707.79 FEET;
THENCE. SOUTH 88' 52' 27" ~ST, A DISTANCE OF 594.00 FEET TO A POINT ON
A LINE 594.00 FEET WEST OF AND PARALLEL TO THE WEST LINE OF SAID PLAT
OF FOXE CHASE SAID POINT ALSO BEING THE POINT OF BEGINNING.
~ENCE, NORTH 01' 07' 33" ~ST. ALONG SAID PARALLEL LINE, A DISTANCE OF JN
183.97 FEET TO THE POINT OF ENDING.
THE SIDELINES OF SAID PARCEL TO BE LENGTHENED OR SHORTENED TO MEET
AT ANGLE POINTS AND AT THE PROPERTY LINE.
/
/
/
POINT
OF
ENDING ~~ ~
HAMMOCK ~
I
X96117XW_EASMII.DWG
scale I'= 40' ~SHEREMETA ASSOCIATES, IN~
dote ,/5,/97 E X H I B IT "A" ~ CONSUL~NG EN~NEERS
Job no. 96117.820 I~d plmnlng ·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~/~
SUBJECT: AGENDA ITEM # ~' - MEETING OF APRIL 15, 1997
SELECTION OF ENGINEERING CONSULTANTS FOR CONTINUING
SERVICES CONTRACTS
DATE: APRIL 11, 1997
This is before the Commission to consider acceptance of the
Selection Committee recommendation of four firms for continuing
services contracts for engineering consulting on City staff
architectural projects which may require electrical, mechanical,
plumbing or structural engineering services.
Staff received seven responses to the Request for Qualifications,
and interviewed all seven firms. The grading criteria for each
of the firms is attached. Based on the interviews and other
discussions, it is the recommendation of the Selection Committee
that the City proceed with preparation of Agreements for
Engineering Consulting Services for each of the following four
firms:
Ralph Hahn and Associates, West Palm Beach
Teele & Associates, Boynton Beach
O'Donnell, Naccarato & Mignogna, West Palm Beach
Thompson Engineering Consultants, Delray Beach
Recommend approval of the selections made by the Selection
Committee as outlined in the attached material.
Agenda Item No. ~F
AGENDA REQUEST
Date: April 4, 1997
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: April 15, 1997
Description of item (who, what, where, how much): Staff request City Commission approve the
recommendation of the Selection Committee and authorize staff to prepare an Agreement for
Engineering Consulting Services for each of the four selected firms. The completed Agreements,
when completed, shall be submitted to the City Commission for final approval and execution.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Com~ recommendation of the
Selection Committee and authorize.,staff to DreDaJ~e an Aereement ff)r Encfineerina Consultina
Services for each of the four seleet"'e~ fir~"~. ' 7 ~-~/'~,~/ // - - -
Departmenthead,ignature: ~r'&l~__::
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable):
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: (~t/NO ~'r
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\rfq\agreq415
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, A.I.A~ 7~~-'
Construction Manager
Date: April 4, 1997
Subject: AGENDA REQUEST 4/15/97
Consulting Engineers for City Architectural Projects
Now that the City will be preparing some architectural projects in house, it will be
necessary to obtain the consulting services from engineers specializing in electrical,
mechanical, plumbing and structural work. Therefore, staff prepared a Request for
Qualifications (RFQ) package and placed an advertisement in the Palm Beach Post in
January of this year.
On February 27, 1997, the City received seven responses to the RFQ's and on April 2-
3, 1997, the selection committee interviewed all seven firms. The Selection Committee
was comprised of Dan Beatty, George Diaz and Jos~ Aguila. Attached is a listing of the
firms which submitted RFQ's.
Based on the interviews and other discussions, it is the recommendation of the
Selection Committee that the City, with the approval of the City Commission, proceed
with preparation of Agreements for Engineering Consulting Services with the following
four firms:
Ralph Hahn and Associates, West Palm Beach
Teele & Associates, Boynton Beach
O'Donnell, Naccarato & Mignogna, West Palm Beach
Thompson Engineering Consultants, Delray Beach
I have attached copies of the Selection Committee Grading Criteria forms for your
review. I have also attached a copy of the Agreement for your review. The Agreements
are consistent with the current Agreements used for other consultants, and has been
reviewed by the City Attorney, Please contact me should you have any questions.
cc: Selection Committee
Agenda package 4/15/97
File: rfq file\engineering services
s:\...\rfq\ccaprv
£1T¥ DF DELRR¥ BE;ICH
DELRAY BEACH
~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 407/243-7000
NI-AmericaCity
REQUEST FOR QUALIFICATIONS
]993 GENERAL ENGINEERING CONSULTING SERIVES
FEBRUARY 27, 1997
SUBMITTAL'S RECEIVED:
GEE & JENSON
DONALD L. GODDEAU, P.E.
ONE HARVARD CIRCLE
WEST PALM BEACH, FLORIDA 33409
RALPH HA/4N AND ASSOCIATES, INC.
WILLIAM C. BRADFORD, P.E.
500 SOUTH AUSTP~ALIAN
SUITE 720
WEST PALM BEACH, FLORIDA 33401-5046
TEELE & ASSOCIATES
MICHAEL A. TEELE, P.E.
2103 CORPORATE DRIVE
BOYNTON BEACH, FLORIDA 33426
BOSEK, GIBSON AND ASSOCIATES, INC.
JEFF AMODIE, P.E.
2324 SOUTH CONGRESS
SUITE 2F
WEST PALM BEACH, FLORIDA 33406
O'DONNELL, NACCARATO, AND MIGNOGNA, INC.
DONNA DAVIS
1665 PALM BEACH LAKES BOULEVARD
SUITE 800
WEST PALM BEACH, FLORIDA 33401
GWG DESIGN, INC.
MARYM_ARGARET GOLDSMITH, MIES
528 DATE PALM DRIVE
LAKE PARK, FLORIDA 33403-3323
THOMPSON ENGINEERING CONSULTANTS, INC.
DANIEL E. THOMPSON, P.E.
900 WEST LINTON BOULEVARD
SUITE 200
DELRAY BEACH, FLORIDA 33444
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
RFQ 97-09
SELECTION COMMITTEE GRADING CRITERIA
Point system as follows: 0=poor, 5=excellent
category G & J RHA TEELE BGA TEC GWG ONM
Ability of personnel, staffing and 4 4 4 2 4 3 5
experience
Past government work experience 4 4 5 4 4 1 5
Location of firm 2 2 4 2 5 2 3
Volume of past City work 4 3 4 3 4 4 4
Recent, current and projected 3 4 4 3 4 4 4
work load
Business stability 4 4 4 2 4 3 4
General presentation skills 2 5 4 4 4 2 4
Completeness of RFQ 4 5 5 4 5 3 5
Past work with City staff 3 0 4 0 3 0 4
TOTAL POINTS 30 31 38 24 37 22 38
Category_ description
· Ability of personnel, staffing and experience. The submittal and interview should give the
reviewer a feeling of the firms ability to handle the range of projects anticipated.
· Past government work experience. It is desirable to have worked in the past directly with a
government agency.
· Location of firm. The closer the better.
· Work 10ad. It is desirable to have work, but too much work may mean they will not be as
responsive as we need, too little work may mean trouble also.
· Business stability. How stable does the firm appear to the reviewer.
· Presentation. This is a personal feeling. How did they present themselves, how do you feel
they will service the City personally as well as professionally.
· RFQ. Is the submittal complete.
· Past work w/City staff. Has the firm worked with the city in the recent past.
s:\...\gradcrit Reviewer: s~~j~ u i-ra
Jo
RFQ 97-09
SELECTION COMMITTEE GRADING CRITERIA
Point system as follows: 0=poor, 5=excellent
category G & J RHA TEELE BGA TEC GWG ONM
Ability of personnel, staffing and 4 5 5 4 5 2 5
experience
Past government work experience 4 4 4 4 4 2 '4"
Location of firm 2 4 3 4 5 2 4
Volume of past City work 4 3 4 3 4 2 4
Recent, current and projected 4 4 4 4 4 3 3
work load
Business stability 4 4 4 4 4 3 4
General presentation skills 2 4 3 4 3 3 3
Completeness of RFQ 4 4 4 4 4 4 4
Past work with City staff 3 3 4 3 4 3 4
TOTAL POINTS 31 35 35 34 37 24 35
Category description
· Ability of personnel, staffing and experience. The submittal and interview should give the
reviewer a feeling of the firms ability to handle the range of projects anticipated.
· Past government work experience. It is desirable to have worked in the past directly with a
government agency.
· Location of firm. The closer the better.
· Work load. It is desirable to have work, but too much work may mean they will not be as
responsive as we need, too little work may mean trouble also.
· Business stability. How stable does the firm appear to the reviewer.
· Presentation. This is a personal feeling. How did they present themselves, how do you feel
they will service the City personally as well as professionally.
· Past work w/City staff. Has the firm worked with the city i
s:,...,gradcrit Reviewer: ~a~"~ ~ty~ ~/~/
RFQ 97-09
SELECTION COMMITTEE GRADING CRITERIA
Point system as follows: O--poor, 5=excellent
category G & J RHA TEELE BGA TEC GWG ONM
Ability of personnel, staffing and 4 5 4 4 4 1 4
experience
Past government work experience 3 4 3 4 4 3 4
Location of firm 4 4 4 4 5 3 3
Volume of past City work 3 4 2 1 4 1 4
Recent, current and projected 3 4 3 4 5 3 4
work load
Business stability 4 5 4 4 2 3 4
General presentation skills 4 5 2 5 4 2 2
Completeness of RFQ 4 3 3 4 4 3 3
Past work with City staff 2 3 2 2 4 1 4
TOTAL POINTS 31 37 27 32 36 20 32
Category. description
· Ability of personnel, staffing' and experience. The submittal and interview should give the
reviewer a feeling of the firms ability to handle the range of projects anticipated.
· Past government work experience. It is desirable to have worked in the past directly with a
government agency.
· Location of firm. The closer the better.
· Work load. It is desirable to have work, but too much work may mean they will not be as
responsive as we need, too little work may mean trouble also.
· Business stability. How stable does the firm appear to the reviewer.
· Presentation. This is a personal feeling. How did they present themselves, how do you feel
they will service the City personally as well as professionally.
· RFQ. Is the submittal complete.
· Past work w/City staff. Has the firm worked with the city in the recent past.
S:\...\g radcrit Reviewer.":'-~ --~' ~~
George Diaz
CITY OF DELRAY BEACH
AGREEMENT FOR ENGINEERING CONSULTING SERVICES
CONSULTANT:
DATE: APRIL, 1997
TABLE OF CONTENTS P_ag~
I. Definitions; General Considerations 1
II. General Duties of Consultant 2
III. Duties of Consultant 5
IV. Data and Services to be Provided by City 6
V. Time of Performance 7
VI. Agreement Period 7
VII. Compensation 7
VIII. Payment 10
IX. Miscellaneous Provisions
A. Ownership of Documents 11
B. Copies of Documents 11
C. Insurance 12
D. Litigation Services 14
E. Authority to Contract 15
F. Assignment 15
G. Confidential Information 15
H. Non-Exclusive Contract 16
I. Sub-Consultants 16
J. Notices 16
K. Attachments 17
L. Truth-In Negotiation Certificate 17
M. Records 17
N. Personnel 17
O. Equal Opportunity Employment; Non-Discrimination 18
P. Prohibition Against Contingent Fees 18
Q. Termination 18
R. Indemnification 19
S. Interest of the Consultant 20
T. Compliance with Laws 20
U. Jurisdiction; Venue 20
V. Attorney's Fees 21
W. Internal Disputes Between Owner and Consultant 21
X. Extent of Agreement 21
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
AGREEMENT FOR GENERAL CQNSULTIN~ ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day
of , 19 , by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY"· and
· hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultant's
Competitive Negotiation Act; and,
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT' and
SERVICE AUTHORIZATIONS.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented in phrases as
set forth by this Agreement and by SERVICE AUTHORIZA-
TIONS, which are attached hereto and made a part
hereof, and as also may be added as approved by the
City from time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A CITY
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. P~tASES: A phased approach may be utilized. The City
and the Consultant shall have the right to negotiate
the terms of each phase as contained within each
service authorization, and to reject any service
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or go out for additional proposals in
order to complete the subsequent phase(s) of the
project. This phased approach shall not waive the
City's right to terminate the Consultant's contract
during any phase of the project.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
2
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a change in the scope of
services directed by the City.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
3
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling
or removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or any other toxic
substances.
The CONSULTANT designates , as
its representative to act as liaison with the CITY.
The representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the City.
I. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the City
Commission or any City approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
I I I. DUTIES OF CONSULTANT:
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE
AUTHORIZATIONS shall be performed by the CONSULTANT.
The City may require SERVICE AUTHORIZATIONS which
contain additional requirements applicable to the
project. The City must authorize through service
authorizations, the commencement of each phase of the
work.
A. The CONSULTANT shall consult with the CITY to
clarify and define the CITY's requirements for
the project and review available data.
B. The CONSULTANT shall advise the CITY as to the
necessity of the CITY's providing or obtaining
from others, data or services.
C. The CONSULTANT shall furnish the number of
copies of the documents as provided in the
SERVICE AUTHORIZATION and review them with the
CITY.
D. The CONSULTANT, in consultation with the CITY
shall determine the general scope, extent and
character of the Project.
Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
F. The CONSULTANT shall make available all design
calculations and associated Data.
G. The CONSULTANT shall prepare documents which
shall include but not be limited to drawings and
technical information, general and supplementary
conditions, with technical criteria,
descriptions and data necessary for permitting
by governmental authorities.
5
The CONSULTANT shall in the preparation of
documents, technical criteria, written
descriptions and data, take into account all
currently prevailing codes and regulations
governing construction in the City of Delray
Beach, Florida, and shall meet the requirements
of all other agencies or governental authorities
having jurisdiction over the project.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The CITY Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
CITY Manager or his designee shall have the
authority to the extent authorized by the CITY
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a Notice to Proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the City within fifteen
(15) calendar days at the end of the delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbUrsable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION.
1. METHOD % - LUMP SUM
Lump ~um Amount. Wherever possible, the scope
of services for Services, Projects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
7
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated
manhours, wage rates and other actual unit costs
supporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
Computation of Time Charges/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related costs. The CITY shall not be
obligated to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed cost
amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor not to exceed 3.0, which
includes profit not to exceed ten percent
(10%) and may be subject to audit. The
schedule of hourly rates as set forth in
Exhibit B is attached hereto and made a
part hereof. The rates listed in Exhibit
'B' may be adjusted upon written AGREEMENT
of both parties, however the adjustment may
not exceed more than five percent (5%)
within any twelve (12) month period. A
newly revised Exhibit 'B' must be submitted
for approval.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
(1) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, express courier
charges, and permit fees paid for
securing approval of authorities
having jurisdiction over the
project.
(2) Actual expense of reproductions,
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3) Actual expenses of testing,
laboratory services, and field
equipment.
(4) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
9
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the sub-consultant, and for the other
financial and administrative costs. Subcontractual
services shall be approved by the CITY in writing
prior to performance of the subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII.PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in Section VII. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
10
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
Ail reproducible mylar drawings and C.A.D. disks in a
format compatible with CITY'S Computer system shall
be given to the CITY. Details, design calculations,
and all other documents and plans that result from
the CONSULTANT'S SERVICES under this AGREEMENT shall
become and remain the property of the CITY, including
copyright rights, whether the project is completed or
not, and will be delivered to the CITY upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
authorities.. The CITY acknowledges that the materi-
als cited in Paragraph IX A. and other data provided
in connection with this Agreement which are provided
by the CONSULTANT are not intended for use in connec-
tion with any project other than the project for
which such materials are prepared. Any use by the
CITY of such materials in connection with a project
other than that for which such materials were pre-
pared without prior written consent and adaptation by
the CONSULTANT shall be at the CITY'S sole risk, and
the CONSULTANT shall have no responsibility or
liability therefore.
11
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following~insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of one million dollars ($1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion), as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations -
CONSULTANTS shall maintain in force until
at least three years after completion of
all services required under this AGREEMENT,
coverage for Products and Completed
Operations, including Broad Form Property
Damage.
12
d. Broad Form Property Damage
e. Contractual Coverage 'applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of three hundred thousand dollars
($300,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits per occurrence applicable to CITY
projects as follows:
Construction Cost Range Limit
a. 0 - 99,000 250,000
b. 100,000 - 299,000 500,000
c. 300,000 - 499,000 750,000
d. 500,000 - Above 1,000,000
Coverage shall be afforded on a form acceptable
to the CITY. CONSULTANT shall maintain such
professional liability insurance until at least
one year after a Certificate of Occupancy is
issued. CONSULTANT shall insure that sub-
consultants used for any portion of the project,
maintain adequate levels of Professional
Liability Insurance.
13
5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs Cl, C2,
C3, C4. All policies covered within subpara-
graphs C1, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to CONSUL-
TANT'S liability on policies referenced in
subparagraphs C2. The required Certificates of
Insurance shall not only name the types of
policies provided, but also shall refer specifi-
cally to this AGREEMENT and section and to the
above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the City's review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal Certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
D. Litiqation Services:
It is understood and agreed that CONSULTANT'S servic-
es include reasonable participation in litigation or
dispute resolution arising from this AGREEMENT.
14
CONSULTANTS participation shall include up to 30
hours of services related to litigation or dispute
resolution. Any such services in excess of 30 hours
shall be an extra service.
E. Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSUL-
TANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
15
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
Whenever either-party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
CITY of Delray Beach
CITY Manager
CITY of Delray Beach, Florida
16
100 N.W. 1st Avenue
Delray Beach, Florida 33444
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for
performing.such services.
17
The project manager shall be approved by the CITY
under each SERVICE AUTHORIZATION. Key project
personnel will be identified for each project and
expected to perform the work assignment as can
reasonably be expected.
O. Equal Opportunity Emplo_vment:
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Aqainst Continqent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
18
fault of the terminating party. The CITY shall have
the right to terminate this AGREEMENT for convenience
at any time by thirty (30) calendar days written
notice to the consultant. In the event the project
described in any SERVICE AUTHORIZATION, or the
services of the CONSULTANT called for under any
SERVICE AUTHORIZATION, is or are suspended, canceled,
or abandoned by the CITY, the CONSULTANT shall be
given five days prior written notice of such action
and shall be compensated for the professional
services provided and reimbursable expenses incurred
up to the date of suspension, cancellation or
abandonment. The CONSULTANT agrees to provide all
documents to the CITY (specifically those referenced
in paragraph IX.A. Further, prior to the
CONSULTANT'S destruction of any of the above
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
In consideration of ten dollars ($10.00) and other
valuable consideration, the CONSULTANT will at all
times indemnify, save and hold harmless and defend
the CITY, its officers, agents (the term agents shall
not include the contractor(s), any subcontractors,
any materialmen or others who have been retained by
the City or Contractor, or materialmen to supply
goods or services to the project) and employees, from
and against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the City, its officers, agents and
employees from and against any claim, demand or cause
19
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnifications contained herein shall survive the
expiration or earlier termination of this Agreement.
Nothing in this AGREEMENT shall be deemed to affect
the rights, privileges and immunities of the CITY as
set forth in Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Law~:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
2O
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County.
V. Attorney's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
entitled to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
W. Internal Dispute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
X. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the CITY Commission.
21
IN WITNESS WI{EREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
CITY Attorney
CONSULTANT [ ]
By:
Witness
(Seal)
Witness
22
ACKNOWLEDGEMENT IF CORPORATION
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19__, was acknowledged by
, on behalf of the Corporation
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary Public
(SEAL) My Commission Expires:
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19
Notary Public
My Commission Expires:
23
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she executed the same as the act
and deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of , 19
Notary Public
My Commission Expires:
24
EXHIBIT A (SAMPLE)
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
Title:
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
25
IV. COMPLETION DATE
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services rendered
in the previous phase or as encompassed by the previous service
authorization. If the City in its sole discretion is unsatisfied with the
services provided in the previous phase or service authorization, the City
may terminate the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization approved by
the Cit~ to be included as part of the contract without a further notice to
proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
By:
Jay Alperin
Mayor (Seal)
Witness
Witness
Attest: Attest:
BEFORE ME, the foregoing
instrument, this
day of , 199 ,
Approved as to Legal was acknowledged by
Sufficiency and Form on behalf of the Corporation
, and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
Witness my hand and seal in
the County and State
aforesaid this day of
, 1991.
Notary Public
State of Florida
My Commission Expires:
26
EXHIBIT
B (SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Multiplier
Employer Category
Professionals -- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists, etc.
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors, etc.
Office Support
27
EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
City of Delray Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order #
Period ending:
Class Employee Name Rate Hours Amount
Subtotal Labor $
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
28
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
Amount Remaining $
29
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
City of Delray Beach
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order
Period ending
Total Fee $
__% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
30
EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
City of Delray Beach
Project No Date:
Purchase Order No. Cleint Ref. No.
Task Order No. Invoice NO.
Description of services under Task Order
Period ending:
CLASS EMPLOYEE NAME RATE HOURS AMOUNT
Subtotal Labor $
Computer
Word Processing
Auto Rental
Postage/Frieght
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
31
[ITY OF DELRIIY BER[H
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
MEMORANDUM
Ali.America City
TO: City Commission
T993
FROM: Susan A. Ruby, City Attorney
SUBJECT: M & P Concrete Products, Inc. v. City of Delray Beach and Lake Worth
Drainage District and Harvel Claim
M & P Concrete Products, Inc. (M & P) owns property to the north of the Tate property.
Mr. Harvel owns property to the north of the M & P property. M & P filed a lawsuit
alleging a "taking" of property (inverse condemnation).
The City and Lake Worth Drainage District (LWDD) have been working to resolve the
lawsuit, subject to the approval of the City Commission and the LWDD Board's approval.
Mr. Harvel has participated in the settlement negotiations by assuring that M & P will
have access over the Davis Road property adjacent to the M & P and Harvel properties.
The essential terms of the agreement will be ultimately memorialized in a final settlement
agreement. The M & P proposal is attached. The Harvel proposal is being finalized, but the
essence of both proposals are generally as follows:
1. The City and LWDD will abandon and/or quit claim their interests, if any in Davis
Road, subject to escrow, reserving respective utility and maintenance interests unto the
City and LWDD, if the road to the west through the former Temple Sinai and Tate
properties is completed.
2. If the road is not completed, temporary and permanent access over Davis Road will be
granted.
3. The City will have to pay the legal costs of M & P in the total amount of $8,788.00.
LWDD will do likewise. The City will pay $1,750.00 to Harvel for attorney's fees.
LWDD will do likewise. The total cost to the City, therefore, is $10,538.00.
4. Upon payment, the suit filed by M & P will be dismissed against the City and LWDD
with prejudice.
5. All settlements are conditional upon receipt of appropriate documents, appropriate
releases as determined by the City Attorney's Office and approval by the LWDD.
Our office recommends the acceptance of the settlement agreement.
04/.15/1997 13:4~ 4B'72TG2522 MICHAEL J LAVERY P A PAGE 02
LAW OFFICER
MICHAEL J . LAVE:aY
PRQFICBII CNa (., A~,BOC/ATION
4400 NORTH OCEAN iOUI,.srVRRD
BOYNTON DM'ACH, FLOI~IDA 314~B-7~1
TBLI.fPHON~' (mo"))
BOCA RATON (407)
'r~LEGOPII:R (407)
April 1S, 1997
~ia Facsimile Transm4ssioD
Susan A. Ruby, Esq.
City Attorney
200 N.W. let Avenue
Delray Beach, FL 34444
Mark Perry, Esq.
Perry & Schone
SO S.E. 4th Avenue
Delray Beach, FL 33483
Re: M % P Concrete Products. Ioc. v. City of Delray ~ch~ Florida
and Lake Worth Drainage District
Case No. 96-09533 AH
Dear Ms. Ruby and Mr. Perry~
The purpose of this letter is to set forth the terms and
conditions of the settlement of the above referertced lawsuit
pursuant to the settlement conference held on April 2, 1997.
.. The City of Delray Beach, (the "Cit~") ~ubject to City Council
approval, the Lake Worth Drainage DLstr~ct (the "DLstrict"),
subject to its Board's approval, and my client agree as follows:
1. The City and the District will abandon any interest it
may have in the property east of t~e M&~ property on D.avis Road to
the E-4 =anal (top of bank) and adjacent to my client's property or
will provide a Quit claim Deed to M & P Concrete Products, Inc. of
any of said interest, subject to the provisions of Paragraph 7
below.
2. The City will reserve unto itself a utility easement of
twenty four (24) feet wade to service the existing water main on
t~e abandoned property. The District shall reserve a maintenance
easement, twenty four (24) feet wide, adjacent :o the E-4 canal.
3. The City and the District will, simultaneous to Nc. 1
04/15/97 TUE 13:34 [TX/RX NO 8018]
04Z15/1997 13:43' 4072702522 MICHAEL J LAVERY P A PAGE 03
above, abandon or Quit Claim any interest it ma~ have in the
property east of Earl Harvel's property, subject, to the s~me
easements in favor of the City and the District as set forth in No.
2 above, subject to Paragraph ? helo~.
4. The performance of Paragraphs 1, 2 an~] 3 above is
contingent upon M & P Concrete Products, Inc. and ~arl Harvel
reaching an agreement whereby Earl Harvel grante: a permanent
easement over his property to M & P for permanent at=cass thereto,
and is further subject to Paragraph ? below.
~. The City and the District will each agree t.~ pay one-half
of the legal fees incurred by M & P Concrete Products, Inc.
directly attributable to the above referenced la~,suit and its
attempts to settle the action. The City and the District shall
each pay a total of $8,788.00 as their portion of the fees and
costs. M & P shall provide justification for said attorneys fees
and costs. Payment shall be made by the City and the District
within fifteen (15) days of the finalization of the settlement
documents.
6. Upon payment of the aforementioned attorneys fees and
costs by both the City and the District, M & P sh&lL immediately
dismiss the above referenced lawsuit with prejudice. M a P shall
release the City and the District from all claims arising out of
the aforementioned lawsuit.
7. A mutually acceptable escrow agent shall be appointed by
the parties who will hold the Quit Claim Deeds of both the City and
District to M & P. An escrow agreement w£11 be ex~=uted by the
parties. The escrow arrangement shall not be terminated until such
time as the access road from Atlantic Avenue northwar~ to be built
by Aurora Homes Inc., or the City is completed. The completion of
the road from Atlantic Avenue northward, east of the Tats property,
shall be a condition precedent to the release of the aforementioned
deeds from the escrow.
8. The City and the District agree not to close or obstruct
the Davis Road right-of-way from Owens Baker Road to the southern
boundary of ~ ~ P's property for use by M & P until s~.ch time as H
& P is in receipt of the aforementioned Quit claim Deeds from the
City and the District, or upon abandonment of Davis Respa. Further,
during this interlm time the City and the District shall grant to
~ & P a temporary easement for access over the Davis Read right-of-
way from Owens Baker Road to the southern boundary of M &
property, subject to similar rights-of-access over Davis road in
favor of the owner of the Ha=vel property and the c,wner of the
property located to the south of the M & P property. The property
owners using Davis Road for access shall be responsible for its
maintenance and for any claims for vehicular injuri=et or damages
arising from their use of the right-of-way. Further, £n the event
~ & P does not receive said Quit Claim Deeds or the ab~lndonment of
the Davis Road right-of-way, the City and the District agree to
grant H & P a permanent access over Davis Road.
04/15/97 ~ 13:34 [TX/RX N0 8018]
04~15/1997 13:43' 4872762522 HICHAEL J LAVERY P A PAGE 04
9. That certain letter, dated April 9, 1997, ~rom the City
Attorney for the City of Delray Beach to counsel for M & P
regarding non-conforming usee is incorporated herein by reference
thereto, as Exhibit A.
10. This letter agreement is subject to suitable written
documentation being completed by the p&rtiee and acceptable to
their respective attorneys.
Very truly your~
Michael J. LaverylJ
MJL:jh
MICHAEL J, Lav~:RY P.A., ATTOI~N£Y$ aT LAW
04/15/97 ~ 13:34 [TX/RX NO 8018]
0'4/15/97 17:34 FAX 407 276 3859 PERRY & SCHONE ~002
l:'~n¥ & ScioNs, P.A.
ATTORNEY5 AT LAW
50 ,n.~_. FOURTH AVENU£
KEiTH O. KE:I~N
April 15, ] 997
DRAFT - FOK DISCUSSION PURPOSES
Susan A. Ruby, Esq.
City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
RE: M & P Concrete Products, Inc. v. City of Deiray Beach, Florida
and Lake Worth Drainage District; Case No. 96-09533 AE
Dear Ms. Ruby:
The undersigned represents Earl Harvel. in an attempt to settle the above-referenced lawsuit, my
client has been involved as a necessary party to resolve all issues presented. The purpose of this letter
is to set forth the terms and conditions that my client would agree to in order to assist in the
settlement of the above-referenced lawsuit and all title issues outstanding with regard to the subject
property pursuant to the settlement conference held on April 2, 1997.
The City of Delray Beach (the "City"), subject to City Council approval, the Lake Worth Drainage
District (the "District"), subject to the Board of Supervisors' approval, and my client agree as
t'ollows:
l. The City and the District will abandon or quit claim any interest they may have in the
property east of'my client's property to the top of the bank of the E-4 Canal. Such abandonment or
quit claim shall be as necessary to legally transfer any interest of the City and the District in such land
to my client with the City's and the District's only interest of record being the easements hereinae~er
provided for. The City and the District will provide a quit-claim deed or appropriate resolution to
my client of any said interest subject to the escrow and easements hereinafter provided for.
2. The City will reserve onto itself and/or my client will grant an utility easement of 24
t~et to service the existing water main and provide for the possible installation ora force main. This
agreement is subject to all parties agreeing to the location of the easement.
3. The District shall reserve a maintenance easement and/or my client will grant a
maintenance easement of 24 feet adjacent to the E-4 Canal
,. , *0~/15/97 17:48 FAX 407 276 3859 PERRY & SCHONE ~O02
Page 2
Ap61 15. 1997
4. The performance of paragraphs 1, 2, and 3 above is contingent upon my client and M
& P Concrete Products, Inc. reaching an agreement whereby my client will grant a permanent access
easement to M & P Concrete Products, Inc., subject to terms and conditions agreeable to my client
and M & P Concrete Products~ Inc. Said agreement will be subject to the terms of the Escrow
hereinaRer provided.
5. The City and the District will each agree to pay one-half of the legal fees incurred by
Earl Harvel directly attributable to the assistance and the settlement of the above-referenced lawsuit
and the settlement of all potential claims and actions between the City, the District, and Earl Harvel.
The City and the District shall each pay a total of $1,750.00 as their portion of the fees and costs.
Earl Harvei shall provide justification for said attorneys' fees and costs. Payment shah be made bY
the City and the District within 15 days of approval of their respective Boards if all claims are released
except for the potential claim for the reversion of property to the west of the paved Davis Road as
provided in paragraph 8 below.
6. A mutually acceptable Escrow Agent shall be appointed by the parties who will hold
the quit-claims deeds of both the City and the District to Earl Harvel. An Escrow Agreement will be
executed by the parties. The Escrow Agreement shall not be terminated until such time as the access
road from Atlantic Avenue North is completed.
7. This letter agreement is subject to suitable written documentation being completed by
the parties and acceptable to their respective attorneys,
8. Neither the City nor Harvel, by agreement to the terms of this proposal, waive any
claims they have by deed or by reverter to the property immediately to the west of the existing paved
Davis Road. Upon release from escrow of the quit claim deed or the resolution, Harvel will release
the City from any and all claims of any kind or nature he had or may have had against the City with
regard to the reverter.
Very truly yours,
Larry Schone
LS:jlk
xc: Earl Harvel
Michael J. Lavery
h:~)lk'~har~L~r-inln QIt
[ITY DF I]ELRAY BEI:I[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali-America City Writer's Direct Line: (407) 243-7091
1993
DATE: April 11, 1997
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: M&P Products. Inc. v. City
Our office is waiting for settlemem documents which have not been received in time for
inclusion into the agenda packet. We will provide them to you as soon as we receive
them.
Thanks.
SAR:ci
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
THE EFFORT ALWAYS MATTERS O(~.~'~·
[ITY I]F DELRAY BEfi[H
Writer's Direct Line: (407) 243-7091
DELRA¥ BEACH
Ali. America City MEMORANDUM
'~111~ DATE: November 8, 1996
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Access Agreement to M & P Products, Inc. Property Located North of the
Tate Property_ on Davis Road
Mr. Travis of M & P Products, Inc. has offered to voluntarily dismiss with prejudice a
lawsuit filed on November 8, 1996 against the City upon execution of the attached
agreement.
The agreement provides for access to his property on a temporary basis until a resolution
of the Tare lawsuit. It further provides that if the City and/or Lake Worth Drainage
District has ultimate ownership of Davis Road as finally determined by the court, after
appeals, if any, then the City will vacate a portion of Davis Road to assure access to the
M & P Property.
Our office recommends that the Commission approve the Access Agreement.
By copy of this memorandum to David Harden, City Manager, our office requests that
S~aced on as a special meeting agenda item for November 12, 1996.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
accessl.sar
,..5'-0
,s 7.
ACCESS AGREEMENT
THIS AGREEMENT dated this ~ day of November, 1996, by and among the City
of Delray Beach ("City"), the Lake Worth Drainage District ("District"), M. & P. Concrete
Products, Inc. CM & P').
WHEREAS, in order to avoid the expenses of litigation involving the Davis Road
access; and
WHEREAS, the District and the City are involved in certain litigation styled by
Stanley G. Tate v. the Ci_ty of Delray Beach and Lake Worth Drainage District, case number
93-5198-AI involving the issue of title or ownership to "Davis Road"; and,
WHEREAS, M & P has requested a temporary license agreement in order to access its
property located north of the Tate property on Davis Road; and,
WHEREAS, by executing this agreement the parties do not acknowledge any
ownership or common law dedications on Davis Road.
NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and
valuable consideration, receipt and adequacy and sufficiency of which is hereby
acknowledged, the parties intending to be legally bound, do hereby agree as follows:
1. That the recitals heretofore set forth are true and accurate and incorporated
herein by reference.
2. That the parties are entering into this agreement with the understanding and
agreement that the City and the District are in no way admitting or claiming title to Davis
Road but are entering this agreement to consent to a license agreement as to whatever right,
title and interest is ultimately determined by a court of jurisdiction in Palm Beach County,
Florida.
3. That the City and the District do hereby consent to M & P, its heirs and assigns
to a license of access to and from Davis Road at the Owens Baker intersection to the M & P
property located approximately 200 feet south of the above recited intersection until a final
determination is made pursuant to paragraph 4, below.
4. That once a final determination as to title to this portion of Davis Road has
been rendered by a court after exhaustion of all appeals, if any, and the court determines that
the City and/or the District have title to the property, the City and/or the District will abandon
said portion of the road north to Owens Baker Road, provided M & P obtains legal access
from the property owners to the north. If in the event an acceptable easement agreement with
the contiguous property owner located north of the M & P property is not obtained, then the
District and/or the City will abandon that portion of Davis Road adjacent to the M & P
property and will reserve adequate access across a portion of old Davis Road north of the M &
P property sufficient for access to the M & P property. The vacation is subject to a non-
exclusive utility easement in a location as to serve existing utilities reserved to the City and a
canal maintenance easement reserved to the District.
5. The parties herein acknowledge that M & P will today file a complaint in
Circuit Court involving access to Davis Road. In the event this agreement is approved by both
the City and the District, M & P will file a voluntary dismissal of the lawsuit with prejudice
within twenty days after execution of this agreement and M & P shall execute general releases
to both the City and the District in a form acceptable to their respective attorneys.
6. This agreement shall be construed and governed in accordance with laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida. All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be
more strictly construed against any one of the parties hereto.
7. This agreement may not be changed, altered or modified except in writing
signed by the party against whom enforcement of such a change would be sought. This
agreement shall be binding upon the parties hereto and their respective successors and assigns.
8. The parties shall enter into a formal access agreement incorporating the terms
set forth herein.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and
year first above written.
SIGNED, SEALED AND DELIVERED CITY OF DELRAY BEACH
IN THE PRESENCE OF:
By:
Name:
Title:
Date:
Approved as to form and legal sufficiency:
SIGNED, SEALED AND DELIVERED LAKE WORTH DRAINAGE
PRESENCE OF: DISTRICT
By:
Name:
Title:
Date:
Approved as to form and legal sufficiency:
2
SIGNED, SEALED AND DELIVERED M. & P. CONCRETE
IN THE PRESENCE OF: PRODUCTS, INC.
By:
Name:
Title:
Date:
Approved as to form and legal sufficiency:
access.agt
£1T¥ DF DELRR¥ BER£H
Writer's Direct Line: (561) 243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Request to Use City Beach - FAU "Human Powered Submarine Team"
Joe Weldon received a request set forth in the attached letter to use the City beach at
Casuarina Street for access, in order to practice the entry portion of a race to be held in
early May in Fort Lauderdale.
Attached is an Agreemem and General Release for such use for your consideration and
approval. By copy to David Harden, City Manager, please place this request and
a~City Commission consent agenda for April 15, 1997.
SAl~.sml~(
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joseph Weldon, Director of Parks and Recreation
subteam.sar
9~ P02 APR 08
0 FLORII::)A ATLANTIO UNIVERSITY77?p,o,l~l~Dl:$lsoxt:lO~r130sl
COLLEGE OF ENGINEERING
DEPARTMENT OF OCEAN ENGINEERING
(5Sl) 367-343o
April 3. 1997
Mr. ~oe Weldon
Cit~ of Delray Beach
Parks & l~'creation Dept,
50 NW ls~ Ave.
Delray Beach, FL 33444
D~r Mr. Weldon:
On May 12.4, 1997, ~her~ will be a demonstragon Human Powered Submmine race at the
Ft. Lau~e Air & $~a Show. The Florida Atlantia Uni-,~zity's Human P0w~red
Submarine Team is participating in d-~is race. This race is to take plsr~ over the ~n'ee day
period and will begin on the beach mmr ~e foot of Sumise Blvd. in Ft. L~uderdale. At
this lime our umm is/n nell of a beach area in order to train for ihe beach eniry portion of
the race. We have scouted seeeral beach localiom and have found the area a~ ~e foot of
Casumina St. in Delray Besr.,h m be id~l for our purposes, We would very much
appreciate the City's coop~zagoo by allowing our team to use this area to stage in-water
practic~ ex~cls~s.
Our main requiremem is for an area of easy beach a~ess. The area mmuioned abov~ has
exe~Jlent bea~ a~ces,s slong ~ ~nple parkins for 12 ~o 4 m,hicl~s. Our op~r~on will
consi~ of moving our submsrine ac~$s the op~ beach and training for the submarine's
enixy aug exiz fi.om ~]~e wazzz. Our team will consist ofup to 12 people, all oertified and
experienced scuba dlv~s. Scuba is used inside the submarine, and we ~ have a team of
divers on standby in case of am/problems.
If there are any conditions to be ua:e~ I can be contacied at FAU by comaciing Sue Fish
a: (561) 367-3435, or fax (Sill) 367-3885. Thank you again ~or your cor~idera~ion in this
s~ml~ Dunn-
Chairman & Professor
RECE!VEO APR 3 lCJ~7
Boca Raton * Fo~ Lauderdale - Davle · Palm Beach Gardens - Port St, Lucie
A Member of the State University Syetem of Florida
An Equal Opportunity/Access/Affirmative Action Institution
04/08/97 TUE 15:40 [TX/RX NO 7986]
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE is made this day of
, 1997 by and between the CITY OF DELRAY BEACH, FLORIDA, (the
City) and FLORIDA ATLANTIC UNIVERSITY (FAU).
WHEREAS, FAU desires to use the City's beach for access purposes only in order to
train FAU "Human Powered Submarine Team" members in the entry portion of a race that the
team members anticipate entering at the Fort Lauderdale Air & Sea Show; and,
WHEREAS, the City wishes to cooperate with FAU and provide FAU beach access;
and,
WHEREAS, FAU understands that its usc of the City's beach to stage in-water
practice exercises will be on such days and at such times which are convenient for the City;
and,
WHEREAS, FAU's use of the City's beach at the foot of Casuarina Street shall be at
FAU's sole risk.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET
FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES AGREE
AS FOLLOWS:
1. The recitations set forth above are incorporated herein.
2. The City agrees to permit FAU access to the City beach and to use the beach
located at Casuarina Street for entry for in-water practice exercises on such days and such
times that are convenient for the City.
3. FAU shall assume all liability for injuries or damages which may occur to
property and persons arising out of its use of the City beach, and understands that the City
does not provide life guards nor does it permit scuba diving within the boundaries of the
City's municipal beach.
4. FAU understands that its use of the beach will be at its sole expense and sole
risk. FAU acknowledges that the City shall not provide any supervision of team members
using the City beach or waters within or without its municipal boundaries.
5. FAU shall defend, indemnify and hold harmless the City, its agents, officers,
officials and employees from any and all claims, suits, causes of action, whatsoever made, or
by whomsoever made, arising from FAU's use of the City beach as set forth herein; and any
and all claims, suits, causes of action whatsoever made, or by whomsoever made, arising from
property damage and/or personal or bodily injury caused or allegedly caused by the condition
of or use of the City beach.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
WITNESSES: FLORIDA ATLANTIC UNIVERSITY
By:
Print Name: Print Name:
2
Print Name: (SEAL)
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1997 by (name of officer or
agent, title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
fau-1 .agt
3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # ~' - MEETING OF APRIL 15, 1997
PURCHASE OF HTE BUILDING PERMITS VOICE RESPONSE SYSTEM
DATE: APRIL 11, 1997
This is before the Commission to consider a supplement to the
Software License Agreement between the City and HTE, authorizing
the purchase and the payment schedule of the Building Permits
Voice Response System (DIRECT TALK).
Funding in the amount of $30,588 for the system enhancement was
authorized in the 1996/97 budget and is available from Computer
Equipment (Account No. 001-2721-524-64.11).
Recommend approval of the software enhancement from HTE for the
Building and Inspections Divisions of the Community Improvement
Department.
Date: April 9, 1997 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: April 15, 1997
Description of Agenda Item:
Request Authorization to Purchase HTE Building Permits Voice Response System
(DirectTalk)
Ordinance/Resolution Recruited: Yes Draft Attached: Yes ! No
Recommendation: Approval
Department Head S~gnature:
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 # & Description: 001-2721-524-64.11 Computer Equipment
Account Balance:
City Manager Review:
Approved for agenda'S/No ~
Hold Until: ~
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
MEMORANDUM
DATE: April 8, 1997
TO: David Harden, City Manager
FROM: Lula Butler, Director, Community Improvement
RE: HTE Building Permits Voice Response System
ITEM BEFORE THE COMMISSION:
City Commission approval of the supplement to the Software License Agreement
between HTE and the City of Delray Beach, authorizing the purchase and payment
schedule of the HTE Building Permits Voice Response System (DIRECT TALK) for the
Building & Inspections Division in the Community Improvement Department.
BACKGROUND:
Funding for the expenditure of the system enhancement was authorized in the 1996/97
Fiscal Year Budget. Staff has worked with the contracted consultant to develop the
agreement, total costs, installation and training dates.
DIRECT TALK allows contractors to schedule, get results or cancel building inspections
24 hours a day, seven days a week, using a touch-tone phone. Inspectors can enter
their inspection results in the Building Permits software application from a remote
location. The system performance is based on the implementation of hardware and
software that processes touch-tone telephone commands on a computer.
I have attached a copy of the transmittal letter and the formal agreement for your review
and consideration.
RECOMMENDATION:
Staff recommends City Commission approval of the supplement to the Software License
Agreement between the City and HTE, authorizing the purchase of and payment
schedule for DIRECT TALK as presented. Funds are available in 001-2721-524-64.11.
Headquarters:
390 N. Orange Ave., Suite 2000, Orlando, FL 32801-1693 * (407) 841-3235
Application Solutions for Government
March 21, 1997
Lula Butler, Community Improvement Director
City of Delray Beach
100 N W 1 st Avenue
Delray Beach, FL 33344
Dear Lula:
I would like to take this opportunity to provide you with additional information regarding the
HTE Building Permits Voice Response. The HTE Building Permits software application that
you are presently utilizing manages your permit applications, structure specifications and permit
information. You are tracking plans through the plan review process and handling all facets of
inspection processing as well as maintaining a comprehensive on-line records of your building
and permitting activity.
The HTE Building Permits Voice Response software will provide extensive voice response
solutions working with your current software by using a touch-tone telephone that allows callers
to access an electronic device that delivers spoken messages. Contractors will have the ability to
request or cancel inspections and receive inspection results. Delray Beach Inspectors can enter
their inspection results in the Building Permits software application from a remote location.
Implementing this system within your Building Permits Department requires the use of the IBM
CallPath DirectTalk/2, a package of hardware and software that processes touch-tone telephone
commands on a computer.
The following hardware and software are necessary:
HTE Building Permits Voice Response Software Cost = $8,000
· Allows contractors to request, schedule, and cancel inspections using a touch-tone phone.
· Allows Inspectors to enter inspection results in the Building Permits software application
· Allows you to specify the cut-off time for next day inspections and determine whether to
allow inspections to be scheduled the same day they are requested
· Automatically assigns telephone inspection requests to a specific inspector.
· Automatically checks validity of inspection requests.
· For security purposes, assigns secret codes to identify each inspector and ensure that they
only enter their own results.
· Automatically assigns telephone access codes to each type of permit and inspection your
organization uses.
IBM CallPath DirectTalk/2 Hardware Cost = $12,888
· IBM 7585 - POI Industrial Computer
· 133 MHz Pentium Processor
· 32 MB Memory - 4 Line
· 1.2 GB Hard drive
· Enhanced keyboard
· CD ROM Drive
· Industrial Graphics Display
· Dialogic 4-line analog card set
DirectTalk/2 line licenses - 4 lines
Software Cost = $3,600
· Operating system software OS/2
· Communications Manager/2
· DirectTalk/2 4-1ine license, OS English language, Host Communications
Backup Cost = $600
· Micro Solutions Back Pack - this maintains all data in case of system failure.
The $3,600 for the IBM CallPath DirectTalk/2 software, and the $600 for the backup unit were
not included in the previous quotes and are now an additional cost.
The lead time for the IBM CallPath DirectTalk/2 hardware and software is 4 - 6 weeks from
contract signing. The hardware and software is delivered to the HTE office in Orlando where it
is installed, configured and tested. This procedure takes approximately 4 - 6 weeks. HTE will
then schedule a time to deliver the equipment to Delray Beach and should be operational within a
week. You should anticipate two (2) months of testing by your department.
The City of Delray Beach will realize the following benefits once the Building Permits Voice
Response system is installed:
· Improved contractor access by expanding the hours which contractors can schedule
inspections or get results 24 hours a day, 7 days a week.
· Increases timeliness of inspection results in the Building Permits software application
because results are entered while inspectors remain in the field.
· Maximizes resources by freeing up Building Department personnel from the time-consuming
tasks of scheduling inspections and entering inspection results.
Lula, thank you for your help as we facilitate the implementation of this Voice Response
Solution.
Sincerely,
Miray L. Ross
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AGREEMENT
BY AND BETWEEN H.T.E., INC. AND CITY OF DELRAY BEACH
SCHEDULE A - PRICING AND PAYMENT SCHEDULE
This Supplement is to the Original AGREEMENT FOR H.T.E., INC. LICENSED PROGRAMS dated October 17, 198
between H.T.E., INC. (HTE) and City of Delray Beach (Customer)· Unless otherwise stated below, all terms and condit
as stated in the Agreement shall remain in effect·
Building Permits - Voice Response
Unit $ 8,000.00 5 4,000.00 $ 1,500.00
TOTALS $ 8,000.00 5 $ 4,000.00 $ 1,500.00
............... , ....................................................................................
License Fees: $ 8,000.00 $ 4,000.00 $ 4,000.00
Training Fees: 4,000·00 4,000.00
Support Fees: 1,500.00 $ 1,500.00
IBM DirectTallU2 System
Per Attached Pricing Schedule 17,088.00 8,544.00 8,544·00
$ 30,588.00 $ 12,544.00 $ 8,000.00 ~$. 10,044.00
~TOTAL
Support Services
The initial term of support services shall commence upon delivery of the Licensed Program(s) and extend for a term
sixteen (16) months from delivery. Support fees for the initial term of support are due 120 days after delivery of the
Licensed Program(s). Subsequent terms of support will be for twelve (12) month periods, commencing at the end of
the initial support period, and support fees will be due at that time at the then prevailing rate. Rates for subsequent
years of support service are subject to change.
Conversion
Conversion, if necessary, will be invoiced as incurred at the prevailing rate per hour· It is understood that no two
systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take
place along with the electronic conversion.
Modifications
Modifications will be controlled by the HTE "System Change Request" form which will be prepared for the Customer
by the HTE Project Manager responsible for that module, HTE will proceed on the SCR when the signed SCR is
returned with the Customer's authorization along with 50% payment. Final payment is due when SCR is completed·
Prices quoted above will be honored through April 30, 1997.
CITY OF DELRAY BEACH H.T.E., INC.
BY
.... Susa
· '.'.'.- Vice President/Controller
· ""'" Chief Accounting Officer 4/4/97
1)l~T~tle Date
4/4/97 I
Headquarters:
390 N. Orange Ave., Suite 2000, Orlando, FL 32801-1693 * (407) 841-3235
Application Solutions for Government INVOICE
City of Delray Beach
100 NW 1 st Avenue DATE: 4/4/97
Delray Beach, Florida 33444 INVOICE # CE
PROJECT: DLR
ATTN: Richard Zuccaro, MIS Director
Due upon contract execution:
Building Permits-Voice Response Unit $ 4,000.00
50% of IBM DirectTalk/2 System 8,544.00
TOTAL AMOUNT DUE THIS INVOICE $ 12,544.00
PLEASE REMIT TO:
H.T.E., INC
P.O. BOX 628258
ORLANDO FL 32862-8258
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AGREEMENT
BY AND BETWEEN H.T.E., INC. AND CITY OF DELRAY BEACH
SCHEDULE A - PRICING AND PAYMENT SCHEDULE
This Supplement is to the Original AGREEMENT FOR H.T.E., INC. LICENSED PROGRAMS dated October 17, 198
between H.T.E., INC. (HTE) and City of Delray Beach (Customer). Unless otherwise stated below, all terms and condit
as stated in the Agreement shall remain in effect.
~~......~..~i~ii~iIiiIii~!Iiiiiii~ii!i}I~i~!iiiiii}~}~!iiii~iIii~}iiiIiii}iii:.:ii~i~~ii}}~}~}}i}}~}II}}}~iiii~i}}}}iI}}}}}}}}i}}}i!}}i!}}~~~}~i:::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ==================================================================== =============================
Building Permits - Voice Response
Unit $ 8,000.00 5 4,000.00 $ 1,500.00
TOTALS $ 8,000.00 5 $ 4,000.00 $ 1,500.00
!License Fees: $ 8,000.00 $ 4,000.00 $ 4,000.00
Training Fees: 4,000.00 4,000.00
Support Fees: 1,500.00 $ 1,500.00
1IBM DirectTalk/2 System
Per Attached Pricing Schedule 17,088.00 8,544.00 8,544.00
I.
TOTAL $ 30,588.00 $ 12~544.00 $ 8,000.00 $ 10,044.00
Support Services
The initial term of support services shall commence upon delivery of the Licensed Program(s) and extend for a term
sixteen (16) months from delivery. Support fees for the initial term of support are due 120 days after delivery of the
Licensed Program(s). Subsequent terms of support will be for twelve (12) month periods, commencing at the end of
the initial support period, and support fees will be due at that time at the then prevailing rate. Rates for subsequent
years of support service are subject to change.
Conversion
Conversion, if necessary, will be invoiced as incurred at the prevailing rate per hour. It is understood that no two
systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take
place along with the electronic conversion.
Modifications
Modifications will be controlled by the HTE "System Change Request" form which will be prepared for the Customer
by the HTE Project Manager responsible for that module, HTE will proceed on the SCR when the signed SCR is
returned with the Customer's authorization along with 50% payment. Final payment is due when SCR is completed.
Prices quoted above will be honored through April 30, 1997.
2,2,2,2,','.~,',-,-,
'Jji' 2' j Jj ij jj ii i6ITY OF DELRAY BEACH H.T.E., INC.
.. .....
BY
· '. '. '. '...... j.j Susan l~. Falotico
Vice President]Controller
Chief Accounting Officer 4/4/97
i)lb_T~tle Date
4/4/97 I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~7' - MEETING OF APRIL 15, 1997
RESOLUTION NO. 30-97:
DATE: APRIL 11, 1997
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property at 304 S.W.
7th Street. The resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on this property in
the event the assessment of $2,233.57 remains unpaid.
Recommend approval of Resolution No. 30-97 assessing costs to
demolish an unsafe building on property at 304 S.W. 7th Street.
RESOLUTION NO. 30-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 30-97
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
,' - 3 - Res No 30-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: __]~d. IJ.e ~:; .J~.3.es~
c/o Steve Hine, Esq. Guardianship Program of Dade County
ADDRESS: - 8350 ~ 52_nd T~r~o~: ~4~: F1 33166
PROPERTY: 304 SW 7th Street, Delray Beach, Florida 33444
LEGAL DESCRtPTION: Lot 14, Nichols Second Addition to Delray Beach'
according to Plat Book 21, Page 70 of the official records of Palm Beach
County, Florida
You, as the record owner, of, or holder of an interest in, the above describod property
are hereby advised that a cost of $2,233.57 _by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19m, has been levied against the above described property.
The cosls were incurred as a result of an abatement action regarding the above
described property. You were given notice on 9-4-96 that the Chief
Building Of!iciat had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by tile City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action reqqiFed_by
the decision of the Board of Construction Appeals within a stated period of time~ You
failed to take the action as required by the order of the Board of Construction Appeals.
....... You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
2-3-97 at a cost of $2,23,3..57 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IVlJ~AGER~
SUBJECT: AGENDA ITEM # ~K' - MEETING OF APRIL 15, 1997
RESOLUTION NO. 31-97
DATE: APRIL 11, 1997
This is a resolution assessing costs for emergency abatement
action required to board up an unsafe building on property at
317 S.W. 15th Terrace. The resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on
this property in the event the assessment of $1,049.80 remains
unpaid.
Recommend approval of Resolution No. 31-97 assessing costs to
board up an unsafe building on property at 317 S.W. 15th Terrace.
RESOLUTION NO. 31-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
W~EREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 31-97
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No.31-97
CiTY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: ~h~'rl~ E. ~nr'n~l-l~.~ ........
ADDRESS: 731 W. Comstock Ave., Winter Park~ Fi 32789
PROPERTY; ___~.l~_t~ Terrace; Delray Beach~ F1 33444
LEGAL DESCRIPTION: _ Lot 1/'; ~lmc~ ?~ C. mrv~r ,p~.1¢ ~nrd~n~
to ?1at Book 27, ?ase 55 of the o££icial records of ?alm Beach
Cou~c~, ~[o~a
You, as the record owner, of, or holder of an interest in, the above describad property
are hereby advised that a cost of $];049.~o by resolution of the City
Commission of the City of Delray Beach, Florida, dated
19__, has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 2-28-97 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. i[ed_by
the decision of the Board of Construction Appeals within a stated period of timel You
failed to take the action as required by the order of the Board c~f Construction'Appeals.
..... You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
2-18-97 at a cost of $].,049,80 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M32XlAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 15, 1997
RESOLUTION NO. 32-97:
DATE: APRIL 11, 1997
This item is a resolution assessing costs for abatement action
required to remove junked vehicles on four properties located
within the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 32-97 assessing costs to
remove junked vehicles on four properties within the City.
RESOLUTION NO. 32-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
2 Res. No. 32-97
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1997.
MAYOR
ATTEST:
City Clerk
-3- Res. No. 32-97
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 1, BLOCK 6, DELRAY ROY & GERALDINE FARLAND $ 19.00
SHORES, PB 24, P 233, 728 AVENUE CHAUMONT 15.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
BEACH COUNTY, FL
(2098 DORSON WAY)
PRIEST'SADD TO ATLANTIC WILLIE BA_LAM $ 19.00
PARK GARDENS, LOT 24, 150 SW 14TH AVENUE 15.00 (ADM. COST)
BLOCK 2, PB 23, P 70, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(148 & 150 SW 14TH AVENUE)
DELRAY SHORES 1ST ADD., ROOSEVELE ANESTAL & $ 219.00
LOT 19, BLOCK 15, ISSIANIE ANESTAL 15.00 (ADM. COST)
PB 28, P 2, PUBLIC 2711 DORSON WAY
RECORDS OF PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(2711 DORSON WAY))
TOWN OF DELRAY, LOT 14, FRED WILSON & $ 19.00
BLOCK 27, PB 21, P 43, FREDDIE WILSON & 15.00 (ADM. COST)
PUBLIC RECORDS OF PALM HELEN WILSON
BEACH COUNTY, FL 114 NW 4TH AVENUE
(114 NW 4TH AVENUE) DELRAY BEACH, FL 33444
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
- 4 - RES. NO. 32-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY ~h-NAGER~'4'/1
SUBJECT: AGENDA ITEM # ~i - MEETING OF APRIL 15, 1997
RESOLUTION NO. 33-97
DATE: APRIL 11, 1997
This is a resolution assessing costs for abatement action
required to remove nuisances on 31 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 33-97 assessing costs for
abating nuisances on 31 properties within the City.
RESOLUTION NO. 33-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING T~AT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
W~EREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
W~EREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
W~EREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 33-97
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 33-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRII~rION OWNER CUST. I.D. ASSESSMENT
'~OWN OF DELRAY W 35' OF E 135' OF N 100' & BAINE, ETHEL #91 $ 51.00
S 50' OF N 100' OF E 3,~5' OF W 135.5' OF BLK 31 %GH BAINE (ADM. COST) $ 70.00
BOOK 1, PAGE 3 545 NW 5TH ST (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY BOYNTON BEACH, FL 33435
(410 SW 2ND ST)
(INVOICE ~9074)
PRIESTS ADD TO A31J~ITIC PARK GARDENS BALAM, WILLIE #6240 $ 25.00
LT 24 BLK 2 150 SW 14TH AVE (ADM. COST) $ 70.00
BOOK 23, PAGE 70 DELRAY BEACH, FL 334441546 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(148150 SW 14TH AVE)
(INVOICE ~9087)
PRIESTS ADD TO ATLANTIC PARK GARDENS BALLARD, KEVIN & ~6519 $ 35.00
LT 22 BLK 2 HENRY HANKERSON (ADM COST) $ 70.00
BOOK 23, PAGE 70 142 SW 14TH AVE (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334441546
(140 & 142 SW 14TH AVE)
(INVOICE ~8882)
SOUTHRIDGE LTS 10 & 15 BLK 7 BENNETT, JAMES P. #4635 $ 61.00
BOOK 13, PAGE 38 11407 FLINT LN (ADM COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY BOKEELIA, FL 339223011 (RECORDING) $
{615 SOUTHRIDGE RD}
(INVOICE ~8874)
SUB OF N 1/2 OF SE 1/4OF SE 114 OF SW 114 BROWN, JAMES & HAI'rlE ~280 $ 25.00
UNREC/LOT 1 802 SW 3RD ST (ADM COST) $ 70.00
BOOK 1, PAGE 3 DELRAY BEACH, FL 334441402 (RECORDING) $
PUBMC RECORDS OF PALM BEACH COUNTY
(802 SW 3RD ST)
{INVOICE 119047}
DIGGANS C H SUB~LK55 TOWN OF CANTAVE, HERVE J. & MARIE M. ~6573 $ 25.00
MNTON LTS 14 & 15 10850 FOX GLEN DR. (ADM COST) $ 70.00
BOOK 8, PAGE 58 BOCA RATON, FL 334284019 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(117 SW 3RD ST)
(INVOICE
SUB OF 17-46-43 TH PT OF ELY 77.41' OF N 100' COMMUNITY LAND CORP ET AL #171 $ 50.00
OF $125'OFW 1/4'OFLTSLYG ELYOF 195 R/W PO BOX 50001 (ADM. COST) $ 70.00
BOOK 1, PAGE 3 LIGHTHOUSE POINT, FL 330740001 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(SW 15TH AVE)
(INVOICE
- - 4 - RES. NO. 33-97
PROPERTY DESCRIPTION oWI~ER CUST. I.D. ASSESSMENT
~UB SEC 2(~46-43 PT OF SLY 94.46' OF N 418.46' CORONA, LUPE #6564 $ 35.00
OF E 1/2 OF W 1/2 OF LT30 IN OR1428P22 1127 WALLACE DR (ADM. COST} $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334441209 (RECORDING) $
(1127 WALLACE DR)
(INVOICE ~J062)
SUNSET PARK DEI.RAY LT 54 & 55 CRUZ, TOMASA R. #396 $ 61.00
BOOK 1, PAGE 3 409 NW 7TH CT (ADM. COST} $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY BOYNTON BEACH, FL 334263622 (RECORDING) $
(MANGO DR)
(INVOICE #8872)
17-46-43, S 50' OF N 195~ OF E 147' OF FARLAND, ROY A & GERALDINE E. ~0467 $ 35.00
E 147' OF E 1/2 OF LT9 728 AVE CHAUMONT (ADM. COST) $ 70.00
BOOK 1, PAGE 3 DELRAY BEACH, FL 33445 (RECORDING) $
PUBLIC RECORDS OF PALM BEACH COUNTY
(SW 8TH AVE)
(INVOICE #9059)
20-46,43, E 390.05' OF N 244' OF E 3/4 OF FIRST HAITIAN NAZARENE CH INC. ~565 $ 77.00
LT 11 LESS E 33' RD R/W 710 S SWINTON AVE (ADM. COST} $ 70.00
BOOK 1, PAGE 3 DELRAY BEACH, FL 334442338 (RECORDING) $
PUBLIC RECORDS OF PALM BEACH COUNTY
(710 & 714 SW SWlNTON AVE)
(INVOICE a~363)
ATLANTIC GARDENS D~LRAY LT 3 BLK 7 GARNER, JAMES JR. #9060 $ 35.00
BOOK 14, PAGE 63 4000 NE 4TH AVE (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY POMPANO BEACH, FL 33064 (RECORDING) $
(SOUTH OF 132 SW 14AVE VAC ET)
(INVOICE ~060)
TOWN OF DELRAY S 50' OF N 300' OF E 135' GERMAN, FRANCES L. & ~t82 $ 51.00
OF BLK 13 WALTER WADE (ADM. COST} $ 70.00
BOOK 1, PAGE 3 2915 BOB WHITE DR. SW (RECORDING) $
PUBLIC RECORDS OF PALM BEACH COUNTY ATLATNA, GA 303113104
(24 SW 6TH AVE)
(INVOICE ~9050)
TOWN OF DELRAY LT~ 3 & 4 LESS N 20' BLK 61 ~,t~ore · ,Toe a~520 $ 46
OLD SCHOOL SQ HISTORIC DIST PEOPLES M.3RT CO. (ADM COST) $ 70.00
BOOK 1, PAGE 3 11862 NW 24TH ST. (RECORDING) $
PUBLIC RECORDS OF PALM BEACH COUNTY CORAL SPRINGS, FL 330653302
(48 & MORE W ATLANTIC AVE)
(INVOICE ~83)
TOWN OF DELRAY LTS 8 & 9 BLK 15 GORDON, ALFREDA ~S75 $ 35.00
BOOK 1, PAGE 3 1824 NW 68TH ST (ADM COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY MIAMI, FL 33147 (RECORDING) $
(SW 7TH AVE)
(INVOICE t~049)
PTOF SUB OF BLK 64, DELRAY BEACH LT 18 HORACE, LOUIS G. t~517 $ 35.00
BOOK 20, PAGE 39 313 SW 1ST AVE (ADM COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334443506 (RECORDING) $
(313 SW 1STAVE)
(INVOICE ~880)
Page 5 ERS. NO. 33-97
BELLEHAVEN UNIT BLT 17 JOHNSON, DELLA #216 $ 25.00
BOOK 27, PAGE 27 PO BOX 1165 (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334471165 (RECORDING) $
(338 SW 10TH AVE)
(INVOICE #9O46)
PRIESTS ADD TO ATLATNIC PARK GARDENS JONES, PERCIVAL L. #139 $ 15.00
LT 15 BLK 2 325 NW 5TH AVE (ADM. COST) $ 70.00
BOOK 23, PAGE 70 DELRAY BEACH, FL 334442740 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(110 SW 14TH AVE)
(INVOICE #9O41)
ATLANTIC PARK GARDENS DELRAY LT 19 BLK 4 JOSEY, LENNARD & MEARLENE #6223 $ 25.00
BOOK 14, PAGE 56 505 SUNSET RD (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY BOYNTON BEACH, FL 334357928 (RECORDING) $
(226 & 228 SW 12TH AVE)
(INVOICE
DELRAY MANOR ADD TO DELRAY LT 85 & LEGENORD, NICHOLAS & MARIE ~5753 $ 35.00
W 10' OF LT 86 903 SW 6TH AVE (ADM. COST) $ 70.00
BOOK 12, PAGE 59 DELRAY BEACH, FL 334442371 (RECORDING) $
PUBLIC RECORDS OF PALM BEACH COUNTY
(9O3 SW 6TH AVE)
(INVOICE ~9054)
SOUTHRIDGE LOTS 21, 22 & 23 INC.BLK 10 LOPEZ, SAMUEL N & LIDIA ~6516 $ 61.00
BOOK 13, PAGE 38 32 NW 24TH AVE (ADM COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334453404 (RECORDING) $
(ZEDER AVE)
(INVOICE ~8879)
TOWN OF DELRAY LTS 22 TO 26 INC BLK 15 MC FORD, ALVAN E. #192 $ 69.00
BOOK I, PAGE 3 17831 NW 4TCH AVE (ADM. COST} $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY CAROL CITY, FL 330553255 (RECORDING) $
{SW TrH AVE)
(INVOICE ~9044)
GOLF PARK LT 6 BLK 2 MELIVAIS, GINA ~6574 $ 45.00
BOOK 26, PAGE 141 222 S SWlNTON AVE (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 33444 (RECORDING) $
(932 sw 20TH CT)
(INVOICE #9O76)
TOWN OF DELRAY LTS 14 & 15 LESS E 5' MILTON, MYERS ~6575 $ 50.00
SR R~N BLK 106 AMERICAN LEGION POST ~65 (ADM. COST) $ 70.00
BOOK 1, PAGE 3 PO BOX 1365 263 NE 5TH AVE (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334471365
(NE 6TH AVE)
{INVOICE ~847)
RIDGEWOOD HTS., DELRAY S 15' OF LT 3 PERALES, DANIEL EST #72 $ 35.00
& N 35' OF LT 4 BLK D 1109 SW TTH AVE (ADM COST} $ 70.00
BOOK 14, PAGE 44 DELRAY BEACH, FL 334442250 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(1109 SW TFH AVE)
(INVOICE ~9039)
Page 6 IcEs. No. 33-97
PROPERTY DESCRIPTION oWI~ER CUST. I.D. ASSESSMENT
SLJNSE'T FARK DELRAY LT 51 RAMOS ENRIQUE C & AMPARO #524 $ 51.00
BOOK 12, PAGE 65 1015 SW 2ND AVE (ADM COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334442268 (RECORDING) $
(1015 MANGO DR)
(INVOICE ~8873)
CARVER SQ LTS 12 TO 14 INC & LT 16 RPI MGMNT CORP & HAMPTON RE ~41 $ 85.00
BOOK 24, PAGE 11 R/A JOHN C. HALL (ADM. COST) $ 70.00
PUBMC RECORDS OF PALM BEACH COUNTY 21 SE 1ST AVE STE ~J00 (RECORDING) $
(SW 2ND CT) MIAMI, FL 33111
(INVOICE ~9051)
TOWN OF DELRAY LTS 6 & 7 BLK 15 SIMMONS, LUCIUS #148 $ 80.00
BOOK 1, PAGE 3 3630 W BELTLINE BLVD (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY COLUMBIA, SC 292037024 (RECORDING) $
(SW 7TH AVE)
(INVOICE #9042)
BELLEVIEW MANOR E 1Z OF LT 4 & LT 5 BLK 4 STUBBS, DARRELL J. ~6518 $ 35.00
BOOK 24, PAGE 54 202 SW 8TH CT. (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 33444 (RECORDING) $
(202 SW 8TH CT)
(INVOICE #8881)
LINCOLN PARK, DELRAY LT 5 STUBBS, VIRGIL ~4146 $ 50.00
BOOK 23, PAGE 160 326 SW 5TH AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 3344424O6 (RECORDING) $
(SW 10TH AVE)
(INVOICE #9052)
TOWN OF DELRAY N 107" OF E 135' OF BLK 1 WILSON, THOMAS #360 $ 45.00
BOOK 1, PAGE 3 346 NW 7TH AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334442749 (RECORDING) $
(346 NW 7TH AVE)
(INVOICE ~348)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
Page, 7 ]~ES. NO. 33-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~'- REGULAR MEETING OF APRIL 15, 1997
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE
DATE: APRIL 9, 1997
The terms for Joe Dragon (Parks and Recreation Department
representative), Sean Anderson (Police Benevolent Association
representative), and Edward Smith (Police Department
representative) will expire on April 22, 1997.
Mr. Dragon does not wish to be considered for reappointment,
having already served three full consecutive terms. As a
replacement, an application has been received from Jennifer Buce
to serve as the Parks and Recreation Department representative.
Sean Anderson has resigned from the Police Department due to his
relocating outside of Florida. As a replacement, an application
has been received from Jeffrey Messer to serve as the Police
Benevolent Association representative.
Edward Smith, representing the Police Department, is eligible and
would like to be reappointed to the committee. He was originally
appointed in 1994 to fill an unexpired term and was reappointed
to a full two year term.
Section 32.41(B) of the City Code provides that members are
limited to two 2-year terms unless additional 2-year terms are
authorized by a majority vote of the City Commission. Attendance
records are attached.
A check for municipal liens and/or code violations was conducted.
None were found.
Recommend ratification of the appointment of Jennifer Buce and
Jeffrey Messer and the reappointment of Edward Smith to the Kids
and Cops Committee for two year terms ending April 22, 1999.
ref:agmemo7
KIDS AND COPS
1997
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mary R. Caglioni P A P
Yvonne Odom A P P
Dorothy Reilly P A P
David J. Ptak P P A
Joe Dragon P A P
Sean Anderson P P P
Edward Smith P P P
Donald Samis P P P
William J. Fay, Jr. P P P
Kara Kenney (appnt 2/9 ) P p
KIDS AND COPS
1996
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mary R. CaRlioni (appr~ 10/96) P P A
Yvonne Odom P/A P A P A A P A A
Dorothy Reilly (appnt 10/96) P A P
David J. Ptak P/A A P P P P P A P
Joe Dragon A/A ~ P P A A P A P P
Sean Anderson P/P · P p p p P p p p
Edward Smith P/A · P P A A z ~ P A A P
Donald Samis A/A P A P A ~ P P A P
William 3. aFmag~tJt796 P P m A P p p p p
KIDS AND COPS 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Nancy Gross Kaylor p p p p p P P P A
Sean Anderson (appnt 1~;/95) P
Mary Rollins Pilgrim Ex P A A P A P P A
David Ptak (appnt 11/9.'I) NO p p
Perry DonFrancisco P Ex p p p MI ETING: A P P A
Joe Dragon P Ex P P A P P P P
Edward Smith A P P P P P P A P
Yvonne Odom P P P A A P A P P
Donald Samis P A A P P P A P P
KIDS AND COPS - 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Agartha Gragg P P A P P Ex re ~ig~e,t
Larry Kramer
Ret .red
Barbara Brown
A A A A A Ex res gnedI
Yvonne Odom
A P P A P Ex P p p
Curt Lavarello
A A A A Not ~eapfoint~d
Ivan Retzignac
Clyde Harris A A A A (off comm '.ttes )
Rev. L.C. Johnson A A A A (off commlttee
Dan Burns A A A resi~ ned)
Perry DonFrancisco P P A P P P P P I P
Joe Dragon P A P A A Ex Ex P p
~JeffreY Miller P A P A A P P P I P
Ross Licata p P P P P
Pansy Coleman (app ~/94) P A ~i P P Ex ; P
Charles Ridley P P P A P '~ Ex Ex Ex Ex
Mary Rollins Pilgrim: (app' 6/9~) ~ P P P P
Ed Smith (appnt 9/94
~ Ex Ez P
Rev. Bernard Pecaro [appn 9/9z ) Ex P Ex
Donald Samis (appnt 11/~ 4) p
Kathy Millier (appn! . 11/,94) Ex
~ 4)
Nancy Gross (appnt 10/~ p ~p p
Thomas Bruckner (apgnt. 10/94) P P Ex
Sept.- Mrs. Brown sent Tom Bruckner in her place
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
HOME ADDRESS (Street, Citg, Zip-Code~ (LEGAL RESIDENCE)
eO ~,uO Is~ A~u ~d~a.I tkh, FI ~%qq q
PRINCLPAL BUSINESS ADDRESS (Street, ~City, Zip Code) ..
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
LIST AN~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~ivE ~o,.~ PRESENT, O~ ~OS~ ~CEN~ ~0~,
DE~CR~E ~ERI~CES~ SKILLS OR ~O~ED~ ~IC~ Q~I~ ~OU TO S~V~ ON
BO~
PLUg A~A~ A BRIEF ~S~.
I ~X CERTI~ ~T ~L ~E ~0~ STAT~S
~E~T~ ~T ~ ~SSTA~NT OF ~T~ FACTS CO~AIN~ IN ~IS ~PLI~-
TION ~ ~USE FO~EI~ ~ON ~ P~T OF ~ ~POI~ I ~ ~CEI~.
~/90
JENNIFER BUCE
110 Marine Way
Delray Beach, Florida 33483
561-278-3651
WORK HISTORY
1987-Present
CITY OF DELRAY BEACH PARKS AND RECREATION DEPARTMENT,
Delray Beach, Florida
1996- Recreation Supervisor Il (~4dult Athletics and Special Events/Marketing)
l'r~ent Athletics: Responsible for the coordination and organization of adult
athletics. Mainta~ schedules and standings. Serve as a public liaison with
team captains. Responsible for hiring officials and referees. Maintain and
purchase equipment for various leagues.
lss4- Special Events/Marketing: Develop, organize, and coordinate city-wide
Present special events for youth, teen, adults, and seniors. Design and create three
seasonal brochures and numerous fliers for recreation programs. Write and
submit news releases and public service announcements. Serve as a public
liaison for the City of Delray Beach and other organizations. Responsible for
the development and implementation of a department marketing plan.
Develop a sponsorship package for each special event. Create and maintain a
budget for athletics and special events division.
1990. Recreation Supervisor I
1994 Organized and scheduled events and programs for children in the Aflerschool
Program. Supervised six part time employees. Facilitated weekly staff
meetings. Planned special events, such as Christmas camp and Spring Fling.
General administrative duties including daily documentation.
1987- Recreation Leader
Responsible for the supervision of 15 to 20 children ages 6 - 12. Organized,
planned, and participated in all group activities. Worked with summer and
mini camps.
EDUCATION
Bachelor of Arts (History), Florida Atlantic University, May 1994
Computer proficient in Microsoft Office Programs: Word, Access, Publisher,
andExcel; DisplayWrite; Dbase IV; and Lotus 123.
LICENSES, CERTIFICATES, & AWARDS CPR certified
30 hrs. Child Care Certificate
Florida Recreation and Parks Association member
1996 Outstatwling Young Professional for District V (FRP~4)
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
HOME ADDRESS (Street, City,' Zip Co~e)'(£E~AL'RESi~NC~')'
PRINCIPAL 'BUSINESS ADDRESS (~treet, City, Zip Code)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
LIST ~ ~MTED P~OFESSION~ CERTIFICATIONS ~ LICENSES ~ICH YOU HOLD
DES~IBE E~ERI~CES, SKILLS OR ~O~EDGE ~ICH QU~I~ YOU TO SERVE ON ~IS
PLUg ATTAC~ A BRIEF ~S~.
I ~BY CERTI~ ~T ~L ~E ~OVE STAT~NTS ~ ~UE, ~ ~ AGUE
~E~T~ ~T ~ MISSTAT~NT OF ~TERI~ FACTS CONTAIN~ IN ~IS ~PLICA-
TION ~Y CAUSE FO~EI~ UPON ~ P~T OF ~ ~POIN~NT I ~Y ~CEIVE.
4/90
CITY OF DELKAY BEACH
BOAI~ ME'I~ER AI~PLICATION
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ~D~S$ (Street, Cl;y~ Z~p'Codl) '"
LIST ALL CITY BOARDS ON t~HICH YOU ARE CUP~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pleasi ~ncSude d&tss)
/J'~,-,~_
EDUCATIONAL QUALIFICATIONS
LIST AN~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES t~ICH YOU HOLD
GIVE YOUR PRESENT, OR HOST RECENT E~q~LOYER. AZ4D POSITION
/
,~sc~ ~nz~czs. s~s o, ~o~ ~c, ~,~r~ ~ou ~o s~vz o, ~zs
~0~.
PLEASE ATTACH A BRIEF RESUNZ.
! HEREBY CERTIFY THAT ALL THE ABOVE STATDLKNTS ARE TRUE, AND I AGREE
U~q~EP~TAND THAT ~ HIS~TAT~ OF ~TERI~ FACTS CONTAIN~
TION ~Y CAUSE FO~EI~E UPON ~ P~T OF ~ ~POIN~T I ~Y ~CEIVE.
I ~GNA~RE DATE
1560 N.W. 22 Ave. RESUMI~ Home (407) 265-1725
Delray Beach, FL 33445 Work (407) 683-8311
EDWARD G. SMITH
Ch=llo,,gi,,g zdm'.'niztrati;'c paaitic, n aa Data Pro,',~qlng3,,perviser erOpm atlons Managcr.
SUMMARY OF QUALIFICATIONS
Resourceful, Experienced Supervisor. Managed technical and support personnel on wide
range of data-based systems and accounting operations. Supervised numerous new systems
development projects and user-training programs.
Comprehensive Finance Background. Actively involved in all vital aspects of corporate
financial accounting, cost analysis, budgeting and tax reporting.
Solid Technical Expertise. Extensive hands-on experience with state-of-the-art micro- and
mini-computers and telecommunications systems. Exceptional abilities in designing, imple-
menting and troubleshooting complex programming systems.
Planning and Analyses. Adept in policy, procedure, work flow analyses and reports. Wide
ranging experience in the analysis and collection of data for annual reports, marketing
plans, cost reviews and budgets.
Communications. Outstanding verbal and written communication skills. Skilled in preparing
proposals, reports, training aids and technical user-documentation.
EDUCATION
B.S., Operations Management, UNIVERSITY OF NEW HAVEN, CT, 1977
Multi-disciplinary degree, with minors in Accounting, Economics and Computer Science.
A.S., Electronic Engineering (Dean's List), ROGER WILLIAMS COLLEGE, R.I., 1971
Served U.S. Navy, Electronics Engineering, 1961-69
Attended graduate programs in Applied Computer Science (UNIVERSITY OF NEW HAVEN,
1977), Advanced General Accounting (FLORIDA ATLANTIC UNIVERSITY, 1985-86),
and Corporate Employee Benefits Analysis (FLORIDA' ATLANTIC UNIVERSITY, 1989)
PERSONAL
Born February 23, 1943. Married. Excellent health.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~ O' - MEETING OF APRIL 15, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 11, 1997
Attached is the Report of Appealable Land Use Items for the
period March 31 through April 11, 1997. It informs the Commis-
sion of the various land use actions taken by the designated
boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
TO: DAVID T. HARDEN, CiTY MANAGER
FROM: /'JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF APRIL 15, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 31, 1997 THRU APRIL 11, 1997
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of March 31,
1997 through April 11, 1997.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of April 15, 1997
Page 2
No Regular Meeting of the Planning and Zoning Board was held during this
period.
A. Denied (6 to 0, Sheremeta absent) a free standing and an
accessory use flat wall sign for Shell Oil, located at the southeast
corner of Atlantic Avenue and Congress Avenue. The request for a
flat wall sign which met code was approved.
B. Approved (6 to 0), a change in the architectural elevation plan
associated with the addition of security gates at BPOE '1770 (Elks
Lodge), located on the east side of N.E. 4th Avenue,
approximately 100 feet south of N.E. 3rd Street.
C. Approved (4 to 1, Carter stepped down, Little dissenting), a
landscape waiver to allow the reduction of a perimeter strip from
the required 5' to 1.5' along the north property line of the Ocean
City Lumber site, located at the southeast corner of Pineapple
Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. The associated
site plan changes will be approved as a non-impacting site plan
modification.
D. Approved (6 to 0), a request for a change in the architectural
elevation associated with the addition of awnings at Hood Auction
Gallery within the Dumar Plaza, located on the east side of South
Federal Highway, north of Lindell Boulevard.
E. Approved (6 to 0), the addition of a new single family model and
associated landscape plan for the Clearbrook residential
subdivision, located at the west end of Casa Way, west of
Homewood Boulevard.
City Commission Documentation
Appealable Items Meeting of April 15, 1997
Page 3
F. Approved (6 to 0) with conditions, a minor site plan modification,
landscape plan and architectural elevations associated with the
construction of a parking lot and butterfly garden with gazebo at the
Wayside House, located on the west side of N.E. 6th Avenue
(northbound Federal Highway) north of N.E. 3rd Street.
G. Approved (6 to 0) with conditions, a minor site plan modification,
landscape plan and architectural elevation plan associated with the
expansion of the Delray Beach Chamber of Commerce, located
on the west side of S.E. 5th Avenue (southbound Federal Highway)
south of Atlantic Avenue.
H. Approved (4 to 2, Andrews and Little dissenting), a minor site plan
modification associated with the conversion of a 2,333 sq. ft. retail
bay to a restaurant at the Atlantic Congress Plaza, located at the
northwest corner of Atlantic Avenue and Congress Avenue.
Concurrently, the Board approved a reduction in the parking
requirement from 69 spaces to 50 spaces with the condition that
the parking be reassessed with future uses if they exceed the
traffic generation rates characteristic of specialty retail uses.
1. Approved (6 to 0 Johnson absent) with conditions, the Certificate of
Appropriateness, site plan, landscape plan and architectural elevation
plan associated with the conversion of single family residence to a
beauty salon at 19 South Swinton Avenue. Concurrently, the Board
approved waivers eliminating the landscape strip along the north
property line and reducing the landscape strip from 5' to 3' along the
south property line adjacent to the parking lot.
2. Approved (5 to 0, Hurlburt left), a Certificate of Appropriateness
changing the architectural elevation plan for the windows, french
doors and garage door for the single family residence at 708 S.E. 3rd
Street.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF APRIL15, 1997
VARD '~
i
m
i
CANAL C-15 CANAL
CITY LIMITS ........... S.P.R.A.B.: H.P.B.'
A. - SHELL OIL (ATLANTIC & CONGRESS AVE) 1. - 19 SOUTH SWINTON AVENUE
B. - B.P.O.E. - 1770 ELKS 2. - 708 S.E. 3RD STREET
i MILE
I C. - OCEAN CITY LUMBER
I
D. - HOODS AUCTION GALL~:'RY-DUMAR PLAZA
SCALE E. - CLEARBROOK
F. - WAYSIDE HOUSE
KI G. - CHAMBER OF COMMERCE
IN
H. - ATLANTIC CONGRESS PLAZA
CITY OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- OlG/T~4~ ~145£ M.4P $~T£1d --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # g~ - MEETING OF APRIL 15, 1997
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 11, 1997
This is before the Commission to approve the award of the follow-
ing bid:
1. Bid award to Complete Property Services for landscape
maintenance for George Bush Boulevard and West Atlantic
Avenue between Swinton Avenue and 1-95, in the amount of
$21,986 from the Beautification Trust Fund - Maintenance
(Account No. 119-4144-572-46.40).
AGENDA REQUEST
Date: April 1, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 15~ 1997
Description of agenda item (who, what, where, how much): Request approval
of awardinK landscape maintenance contract for N.E. 8th Street and West Atlantic
Avenue to the low bidder~ Complete Property Services~ in the amount of $21,986.
O~INANCE/ ~SOLUTION ~QUI~D: YES/NO) Draft Attached: YES/NO
Recommendation: Approval of award of Bid #97-15 for Landscape Maintenance
tO Co~ple~e Property Services at an estimated annual cost of $2],986.
FundinE from account llP-A1A4-572-46.40
Department Head Signature:
Determination of Consistency wi~h Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds}:
Funding available:~ YES~,NO
Funding alternativ~~ ~ ~. ~q~ ~ (i~ raPp, lica~eI
'~ ~ 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: Jacklyn Rooney, Purchasing Supervisor C~
TMROUGM~ilena Walinski, Asst. Finance Director
DATE: April 07, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 15, 1997 - BID AWARD - BID ~97-15
LANDSCAPE MAINTENANCE - TWO AREAS
N.E. 8TH STREET AND WEST ATLANTIC AVENUE
Item Before Commission:
The City Commission is requested to approve the award to low responsive
bidder, Complete Property Services, for annual contract for Landscape
Maintenance for (2) areas at an estimated annual cost of $21,986.
Background:
Bids were received on March 18, 1997, from (10) ten vendors all in
accordance with City purchasing procedures. (Bid #97-15. Documentation on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
The Director of Parks and Recreation has reviewed the bids, and recommends
award to low responsive bidder, Complete Property Services. See attached
memo dated April 01, 1997.
Recommendation:
Staff recommends award to low responsive bidder, Complete Property
Services at an estimated annual cost of $21,986. Funding from account
#119-4144-572-46.40.
Attachments:
Tabulation Of Bids
Recommendation Memo From Parks And Recreation
cc: Joseph Safford, Director Of Finance
Ray Eubank, Parks Superintendent
£1TY DF I)ELAI:IY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993
TO: Joe Safford
Finance Director
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Recommendation for Bid #97-15
DATE: April 1, 1997
Attached please find tabulation of bids for Bid #97-15 for landscape
maintenance of N.E. 8th Street and West Atlantic Avenue between Swinton
Avenue and 1-95. I recommend the bid be awarded to low bidder Complete
Property Services in the amount of $21,986. Complete Property Services
currently has the contract of landscape maintenance for Atlantic Avenue
Greenways and has done a satisfactory job for approximately 2 years.
Funding will come out of account #119-4144-572-46.40.
~o~f Parks and Recreation
Attachment
cc: David Harden, City Manager
Ray Eubank, Parks Superintendent
JW:cp
Ref:bid9715
THE EFFORT ALWAYS MATTERS
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID # 97-15
LANDSCAPE MAINTENANCE - TWO AREAS
Page 1
Complete Paradise Luis Cintrons Walcott Norgen
ITEM EST Property Landscape Lawn Service & Son Landscaping
# QTY DESCRIPTION Services Svcs. Inc. !Inc.
Area #1. N.Ei 8th Street
80.00 / 75.00 / 77.00 / 75.00 / 90.00 /
1.0 44 Mowing & Line
~3520.00 3300.00 '3388.00 3300.00 3960.00
Trimmin~ .
2.0 22 Edging
75.00 / 60.00 / 60.00 / 60.00 / 30.00 /
1650.00 1320.00 1320.00 1320.00 660.00
3.0 22 Weed Control
25.00 / 25.00 / 25.00 / 25.00 / 75.00 /
550.00 550.00 550.00 550.00 1650.00
4.0 Pruning
a. 12 Shrubs 25.00 / 30.00 / 30.00 / 30.00'/ 40.00 /
300.00 360.00 360.00 360.00 480.00
b. 12 Trees &
20.00 / 30.00 / 27.00 / 25.00 / 25.00 /
Palms
240.00 360.00 324.00 300.00 300.00
c. 6 Accent Trees
50.00 / 60.00/ 61.00 / 50.00 / 30.00 /
300.00 360.00 366.00 300.00 180.00
5.0 44 Litter Contol
7.00 / 10.00 / 6.00'/ 10.00 / 10.00 /
308.00 440.00 264.00 440.00 440.00
6.0 Chemical Applications 200.00 / 150.00! 250.00 / 250.00 / 100.00 /
a. 2 Turf Insecticide
400.00 300.00 500.00 500.00 200.00
b. n/a Shrub Insecticide
c. n/a Fire Ant Control
d. n/a Diease Control
e. 2 Turf Fertilization 100.00 / 100.00 / 155.00 / 150.00 / 100.00 /
Bahia 200.00 200.00 310.00 300.00 200.00
f. 1 Turf Fertilization 50.00 / 120.00 / 150.00 / 100.00 / 75.00 /
St. Augustine 50.00 120.00 150.00 100.00 75.00
g. 2. St. Augustine 100.00 / 125.00 / 100.00 / 150.00 / 125.00 /
Weed/Feed 200.00 250.00 200.00 300.00 250.00
h. 2 St. 'Augustine 125.00 / 120.00 / 50.00 / 100.00 / 100.00 /
Insect / Fert. 250.00 240.00 100.00 200.00 200.00
i. 2 Shade Tree 100.00 / 70.00 / 75.00 / 100.00 / 100.00 /
Fertilization 200.00 140.00 150.00 200.00 200.00
j. 4 palm Tree 50.00/ 40.00 / 40.00 / 100.00 / 100.00 /
Fertilization 200.00 160.00 160.00 400.00 400.00
k. 3 Shrub 50.00 / 60.00 / 60.00 / 75.00 / 100.00 /
Fertilization 150.00 180.00 180.00. 225.00 300.00
7.0 3 .Mulch 100.00 / 120.00/ 100.00 / 100.00 / 300.00 /
300.00 360.00 300.00 300.00 900.00
T6tl Bid Price Area #1 $ 8,818.00 $8,640.00 $ 8,622.00 $ 9,095.00 $10,395.00
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID # 97-15
LANDSCAPE MAINTENANCE - TWO AREAS
Page l(a)
Custom Care Landscape Delray Garden RPMS Co. TunJos
ITEM EST Inc. Techniques Center Inc. Trading Co
# qTY DESCRIPTION Inc
Area #1. N.E. 8th Street
107.96 / 109.17 / 75.00 / 105.00 / 1000.00 /
1.0 44 Mowing & Line
4750.24 4803.48 3300.00 4620.00 44000.00
Trimmin~
2.0 22 Edging 33.25 / 14.25 / 75.00 / 100.00 / 10.00 /
731.50 324.50 1650.00 2200.00 220.00
3.0 22 Weed Control
19.20 / incl. 80.00 / 100.00 / 50.00 /
422.40 1760.00 2200.00 1100.00
4.0 Pruning 75.00 / 192.92 / 75.00 / 25.00 / 10.00 /
a. 12 Shrubs
900.00 2315.04 900.00 300.00 120.00
b. 12 Trees &
59.38 / incl. 100.00 / 30.00 / 10.00 /
Palms
712.56 1200.00 360.00 120.00
c. 6 Accent Trees 25.00 / incl. 50.00 / 25.00 / 10.00 /
150.00 300.00 150.00 60.00
5.0 44 Litter Contol
5.00 / incl. 30.00 / 25.00 / 2.00 /
220.00 1320.00 1100.00 88.00
6.0' Chemical Applications
135.00 / 56.26 / 100.00 / 100.00 / 100.00 /
a. 2 ~Turf Insecticide
270.00 112.52 200.00 200.00 200.00
b. n/a Shrub Insecticide
c. n/a Fire Ant Control
d. n/~ Diease Control
e. 2 Turf Fertilization 50.00 / 50.63 / 100.00 / 1500.00 / 50.00 /
Bahia 100.00 101.26 200.00 3000.00 100.00
f. 1 Turf Fertilization 50.00 / 50.63 / 25.00 / 1500.00 / 50.00 /
St. Augustine 50.00 50.63 25.00 1500.00 50.00
g. 2~ St. Augustine 122.50 / 106.89 / 25.00 / 1600.00 / 50.00 /
Weed/Feed 245.00 213.78 50.00 3200.00 100.00
h. 2~ St.-Augustine 100.00 / 106.89 / 25.00 / 1500.00 / 50.00 /
Insect / Fert. 200.00 213.78 50.00 3000.00 100.00
i. 2 Shade Tree 144.00 / 345.00 / 200.00 / 900.00 / 50.00 /
Fertilization 288.00 690.00 400.00 1800.00 100.00
j. 4 palm Tree 75.50 / incl. 100.00 / 300.00 / 50.00 /
Fertilization 302.00 400.00 1200.00 200.00
k. 3 Shrub 51.00 / 33.33 / 150.00 / 300.00 / 50.00 /
Fertilization 153.00 99.99 450.00~ 900.00 150.00
'7.0 3 .Mulch 333.00 / 440.00 / 350.00 / 300.00 / 100.00 /
999.00 1320.00 1050.00 900.00 300.00
T0tl Bid Price ~rea #1 $10,493.70 $10,244.98 ~$13,255.00 $26,630.00 $47,008.00
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID # 97-15
LANDSCAPE MAINTENANCE - TWO AREAS
Page 2
Complete Paradise Lusi Cintrons Walcott Norgen
ITEM EST Property Landscape Lawn Service & Son Landscaping
# qTY DESCRIPTION Services Svcs, Inc. In¢,
Area # 2 - West Atlantic
70.00 / 75.00 / 75.00 / 75.00 / 125.00
1.0 44 Mowing & Line 3080.00 3300.00 3300.00 3300.00 5500.00
Trimming
2.0 22 Edging 75.00 / 75.00 / 78.00 / 78.00 / 75.00 /
1650.00 1650.00 1716.00 1716.00 1650.00
3.0 22 Weed Control 80.00 / 80.00 / 82.00 / 100.00 / 100.00 /
1760.00 1760.00 1804.00 2200.00 ~ 2200.00
4.0 Pruning 90.00 / 75.00 / 77.00 / 100.00 / 150.00 /
a. 12 Shrubs 1080.00 900.00 924.00 1200.00 1800.00
b. 12 Trees & 65.00 / 75.00 / 60.00 / 60.00'/ 100.00 /
Palms 780.00 ~ 900.00 720.00 720.00 1200.00
c. 6 Accent Trees 60.00 / 75.00 / 77.00 / 50.00 / 50.00 /
360.00 450.00 462,00 300.00 300.00
5.0 44 !Litter Contol 7.00 / 10.00 / 7.00 / 10.00 / 10.00 /
308.00 440.00 308. O0 440. O0 440.00
6.0 Chemical Applications
100.00 / 175.00 / 228.00 / 225.00 / 100.00 /
a. 2 Turf Insecticide
200.00 350. O0 456.00 550.00 200.00
b. n/a Shrub Insecticide
c. n/a Fire Ant Control
d. n/a Diease Control
e. 2 Turf Fertilization 100.00 / 100.00 / 100.00 / 100.00 / 100.00 /
Bahia
200.00 200.00 200.00 200.00 200.00
f. 1 Turf Fertilization
100.00 / 100.00 / 75.00 / 100.00 / 75.00 /
St. Augustine 100.00 100.00 75.00 100.00 75.00
g. 2, St. Augustine 100.00 / 120.00 / 100.00 / 100.00 / 75.00 /
Weed/Feed' 200.00 240.00 200.00 200.00 150.00
h. 1. St. -Augustine 100.00 / 120.00 / 75.00 / 100.00 / 75.00 /
Insect / Fert. 100.00 120.00 75.00 100.00 75.00
i. 2 Shade Tree '200.00 / 200.00 / 200.00 / 200.00 / 150.00 /
Fertilization 400.00 400.00 400.00 400.00 300.00
j. 4 Palm. Tree 100.00 / 150.00 / 155.00 / 150-00 / 175.00 /
Fertilization 400.00 600.00 620.00 600.00 700. O0
k. 3 Shrub 250.00 / 200.00 / 200.00 / 200.00 / 300.00 /
Fertilization 750. O0 600.00 600.00 600.00 900.00
7.0 3 Mulch 600.00 / 850.00 / 1000.00 / 900.00 / 1000.00 /
~ 1800.00 2550.00 3000.00 2700.00 3000.00
'T'~tl Bid Price Area #2 $13,168.00 $14,560.00 $14,860.00 $15,326.00 $18,690.00
CITer OF DELRAY BEACH
TABULATION OF BIDS
BID # 97-15
LANDSCAPE MAINTENANCE - TWO AREAS
, Page 2 (a)
Custom Care I~andscape Delray Garden RPMS Co. TunJos
iITEM !EST Inc. Techniques Center Inc. Trading Co.
# QTY DESCRIPTION Inc.
Area # ~ -West Atlantic
166.00 / 146.00 / 125.00 / 205.00 / 500.00
1.0 44 Mowing & Line 7304.00 6426.64 5500.00 9020.00 22000.00
Trimming
2.0 22 Edging 55.50 / 48.67 / 150.00 / 90.00 / 10.00
1221.00 1070.74 3300.00 1980.00 220.00
3.0 22 Weed Control 17.40 / 200.00 / 100.00 / 50.00
382.80 incl. 4400.00 2200.00 1100.00
4.0 Pruning 330.92 / 708.29 / 200.00 / 25.00 / 10.00
a. 12 Shrubs 3971.04 8499.48 2400.00 300.00 120.00
~. 12 Trees & 25.00 / 200.00 / 30.00 / 10.00
Palms 300.00 incl. 2400.00 360.00 120.00
c. 6 Accent Trees 33.75 / 100.00 / 20.00 / 10.00
202.50 incl. 600.00 120.00 60.00
5.0 44 Litter Contol 20.00 / 35.00 / 100.00 / 20.00 / 2.00
880.00 1540.00 4400.00 880.00 88.00
100.00 / 75.00 / 100.00
6.0 Chemical Applications 83.39 / 200.00 150.00
a. 2 Turf Insecticide 135.00 / 166.78 200.00
270,00
b. n/a Shrub Insecticide
c. n/a Fire Ant Control
d n/a Diease Control ~._
e. 2 Turf Fertilization 80.00 / 100.00 / 300.00 / 50.00
Bahia 160.00 incl. 200.00 600.00 100.00
f. 1 Turf Fertilization 86.00 / 75.05 / 100.00 / 1000.00 / 50.00
St. Augustine 86.00 75.05 100.00 1000.00 50.00
g. 2. St. Augustine 140.50 / 158.44 / 100.00 / 800.00 / 50.00
Weed/Feed' 281.00 316.88 200.00 1600.00 100.00
h. ! ' St. -Augustine 90.00 / 158.44 / 100.00 / 1000.00 / 50.00
Insect / Fert. 90.00 158.44 100.00 1000.00 50.00
i. 2 Shade Tree 180.00 / 477.00 / 200.00 / 200.00 / 50.00
Fertilization 360.00 954.00 400.00 400.00 100.00
j. 4 Palm Tree 88.15 / 375.00 / 400.00 / 150.00 / 50.00
Fertilization 352.60 1500.00 1600.00 600.00 200.00
k. 3 Shrub 82.00 / 150.69 / 600.00 / 125.00 / 50.00
Fertilization 246.00 452.07 1800.00 375.00 150.00
7.0 3 Mulch 1312.50 / 1980.00 / 1000.00 / 500.00 / 100.00
~ 3937.50 5940.00 3000.00 1500.00 300.00
T0tl Bid Price Area #2 $20,044.'44 $27,100.08 $30,600.00 $22,085.00 $24,958.00
Page 3
Complete Paradise Luis Cintron Walcott Norgen
Property Landscape Lawn Service & Son Landscaping
Total Bid Price
Area #1 8,818.00 8,640.00 8,622.00 9,095.00 10,395.00
Total Bid Price ~
Area #2 13,168.00 14,560.00 14,860.00 15,326.00 18,690.00
GRAND TOTAL BID
PRICE AREA'S $21,986.00 $23,200.00 $23,482.00 $24,421.00 $29,085.00
1 & 2
Addition Work If
Neede¢: .50 .75 5.00 7.00 3.00
13.a Sod Replacement
(Sq. Ft. Price)
b Plant & Tree
Installation
18.00 30.00 35.00 30.00 100.00
(labor per hr.
per man)
c Fertilizing
(labor per hr. 18.00 35.00 35.00 30.00 50.00
per man)
d Additional Pest
Control per 100.00 150.00 228.00 150.00 150.00
50 ~al. app.
Additionat~Pest~
Control~per 100.00 120.00 228.00 150.00 125.00
.50-1b,~iapp.
e Fire Ant Control
· ~~ii(lab°r per hr. 18.00 35.00 35.00 25.00 35.00
~ ~per man)
Comments / Equipment & Equipment &
Exceptions Vehicle List Vehicle List
Submitted Submitted
w/bid w/bid
Page 3(a)
Custom Care Landscape Delray Garden RPMS Co. TunJos
Inc. Techniques Center Inc. Trading co.
Total Bid Price
Area #1 10,493.70 10,244.98 13,255.00 26,630.00 47,008.00
Total Bid Price
Area #2 20,044.44 27,100.08 30,600.00 22,085.00 24,958.00
GRAND TOTAL BID
PRICE AREA'$ $30,538.14 $37,345.06 $43,855.00 $48,715.00 $71,966.00
1 & 2
Addition Work If .45 .50 .50 .83 10.00
Needed:
13.a ISod Replacement
(Sq. Ft. Price)
b Plant & Tree
'Installation 25.00 17.50 20.00 38.20 50.00
(labor per hr.
per man)
c Fertilizing
(labor per hr. 25.00 17.50 20.00 35.00 25.00
per man)
d Additional Pest
Control per 45.00 50.00 150.00 405.00 100.00
50 ~al. app.
Additional Pest.
Control~per 59.00 50.00 150.00 510.00 100.00
.50-lb.~iapp.
e Fire Ant Control
~ (labor per hr. 25.00 17.50 20.00 40.00 50.00
'~:.-. ..~pe~ man)
Comments / Equipment Lis! Equipment / Equipment
Exceptions Submitted witl Vehcile List List Sub-
Bid Package, Submitted mitted with
and Licenses w/Bid. Bid, and
Licenses
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # 7 ~' - MEETING OF APRIL 15, 1997
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION
QUASI-JUDICIAL PROCEEDING
DATE: APRIL 11, 1997
This is before the Commission to consider an appeal of the Site
Plan Review and Appearance Board's condition that a gate be
provided in front of the Fire Station #2 beach parking lot. The
subject property is located on the west side of North Ocean
Boulevard (A-i-A), approximately 600 feet north of East Atlantic
Avenue, immediately north of the Camino Real Hotel.
The proposal involves the construction of a 29-space parking lot,
brick paver sidewalk, associated landscaping, and a six foot
wall. At its meeting of March 19, 1997 the Board, after
testimony both supporting and opposing the gate, voted 5-0 to
approve the site plan subject to the condition that a gate be
provided in front of the lot, to be opened or closed pursuant to
the Commission's discretion regarding hours of operation.
This lot replaces the existing parking lot located immediately
north of the Camino Real Holiday Inn. The lot is being moved
northward to accommodate expansion of the hotel. Historically
the existing lot has not been gated. The other beach parking
lots are associated with parks and serve beach goers almost
exclusively. Therefore they are closed at dusk. This lot,
however, is close to the businesses on Atlantic Avenue, and has
served patrons of those businesses as well as beach goers. Many
of these businesses are open later in the evening, particularly
the restaurants. These businesses are in need of additional
parking. It would be inappropriate to take away some of their
existing parking. Furthermore, the hotel parking immediately
adjoining this lot will be used in the evenings and not closed
off.
The SPRAB action to require a gate was appealed by the City
Commission at its meeting of April 1, 1997.
Recommend Commission reverse the SPRAB decision to require
installation of a gate on this parking lot.
FROM: CjJ[.A1 R E LUYT/EuJg RA H.'~']/I, PLANNER
SUBJECT: MEETING OF APRIL 15, 1997
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD'S CONDITION THAT A GATE BE PROVIDED IN FRONT
OFTHE FIRE STATION #2 BEACH PARKING LOT
The action requested of the City Commission is that of
consideration of an appeal of a condition to install gates at the Fire
Station #2 Beach Parking Lot. The subject property is located on
the west side of N. Ocean Boulevard (A-l-A), approximately 600'
north of E. Atantic Avenue, immediately north of the Camino Real
Hotel.
SPRAB approved the site and landscape plans for the Fire Station
#2 Beach Parking Lot on March 19, 1997, subject to a condition
that a gate be provided in front of the lot to be opened or closed,
pursuant to the City Commission's discretion regarding the hours of
operation of the parking lot. This action was appealed by the City
Commission at its meeting of April 1, 1997.
The proposal involves the construction of a 29-space parking lot, brick paver
sidewalk, associated landscaping, and a 6' wall. The parcel is unplatted and
contains approximately .41 acre.
City Commission Documentation
Meeting of April 15, 1997
Appeal of SPRAB Condition to Require a Gate at Fire Station #2 Beach Parking Lot
Page 2
During its consideration of the site plan, SPRAB heard testimony from 5
members of the public, 3 of whom stated the parking lot should be gated. They
expressed concerns that people would congregate in the parking lot. It is noted
that the Sandoway, Anchor, Ingraham, and Atlantic Dunes public parking lots, all
located adjacent 'Ocean Boulevard, are gated. It was the consensus of the
Board that a gate be provided. The Board voted 5-0 to approve the site plan for
the parking lot, subject to a condition that a gate be provided in front of the lot to
be opened or closed, pursuant to the City Commission's discretion regarding
hours of operation.
A revised site plan for the Camino Real Hotel expansion has been submitted,
which proposes to combine the hotel's parking lot with the public lot.
Combination of these lots would preclude the installation of gates that would limit
access. Approval of this plan is subject to an agreement between the City and
the hotel owners for joint use and access.
A. Continue with direction.
B. Uphold the Site Plan Review and Appearance Board's condition of approval
to require a gate at the Fire Station #2 Beach Public Parking Lot.
C. Reverse the Site Plan Review and Appearance Board's condition of approval
to require a gate at the Fire Station #2 Beach Public Parking Lot.
Commission's discretion.
Attachments:
· Location Map
· Site Plan
__ , ATLAN TIO AVENUE
N
~ BEACH PARKING LOT
OIY OF DELRAY BEA~. FL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~- REGUIJtR MEETING OF APRIL 1, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 27, 1997
Attached is the Report of Appealable Land Use Items for the
period March 17 through March 28, 1997. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Staff requests that the Commission appeal the conditions of
approval imposed by the Site Plan Review and Appearance Board on
the site plan for the proposed public beach parking lot located
on the west side of A1A, north of Atlantic Avenue. The
conditions of approval are attached. Specifically, we are asking
that condition #5 be appealed to the regular meeting of April 15,
1997. Condition #5 requires that a gate be provided in front of
the lot to be opened or closed, pursuant to the City Commission's
discretion. Given the shortage of parking in this area, staff
does not feel it would be prudent to limit the hours of operation
by means of a gate. Furthermore, the existing parking lot which
serves this area has operated for many years without being gated,
and is sometimes used for evening parking.
Recommend appeal of SPRAB item #10 relative to the conditions of
approval for the Public Beach Parking Lot, and accept the balance
of the actions and decisions contained in the report.
ref:agmemo6
SITE PLAN REVIEW AND APPEARANCE BOARD
REGULAR MEETING OF MARCH 19, 1997
CONDITIONS OF APPROVAL
A. Fire Station #2 Beach Parking Lot: West Side of North Ocean
Boulevard (A-l-A), Approximately 600 Feet North of East Atlantic
Avenue: Site Plan. Landscape Plan and Wall Elevations Associated
with a Proposed Public Parking Lot: Dan Beatty. Authorized Agent.
It was moved by Ms. Shutt, seconded by Mr. Carter and passed 5-
0 to approve a waiver to LDR Section 4.6.9(D)(3)(c)(1), from the
provision of a 20' stacking distance based upon a positive finding
with LDR Section 2.4.7(B)(5) subject to the following condition:
1. That a 20' stacking distance be provided if A-1-A is widened.
It was moved by Mr. Carter, seconded by Mr. Sittler and passed 5-
0 to approve a waiver to LDR Section 4.6.16(H)(3)(d), to allow a
reduction of the perimeter landscape strip width from the required
5' to 31/2' along the south property line based upon a positive
finding with LDR Section 2.4.7(B)(5).
It was moved by Mr. Carter, seconded by Mr. Sittler and passed 5-
0 to approve a waiver to LDR Section 4.6.16(H)(3)(a) from the
provision of a 5' landscape strip along the east property line,
adjacent ^-1-^ right-of-way based upon a positive finding with LDR
Section 2.4.7(B)(5).
It was moved by Mr. Sittler, seconded by Mr. Little to approve the
Site Plan for the public parking lot based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan and
Section 2.4.5(F)(5) subject to the following conditions:
1. That site lighting locations be noted on the plan and
approved by SPRAB.
2. That a ramp at the location where the 7' paver sidewalk
meets A-1-A be shown on the plan.
3. That the parking detail be amended to remove compact
parking space detail.
4. That a sign for "No Parking Turnaround Area" be provided at
the western most parking space.
5. That a gate be provided in front of the lot to be opened or
closed, pursuant to the City Commission's discretion.
6. That elevations showing details of the 6' wall be approved
by SPRAB.
Upon roll call the Board voted as follows: Ms. Shutt - Yes; Mr.
Sittler- Yes; Mr. Carter- Yes; Mr. Little- Yes; Mr. Sheremeta- Yes.
Said motion passed with a 5-0 vote.
It was moved by Mr. Carter, seconded by Mr. Sittler and passed 5-
0 to approve the Landscape Plan for the public parking lot based
upon positive findings pursuant to LDR Section 4.6.16, subject to
the following condition:
1. That site lighting locations be noted on the landscape plan
be approved by SPRAB.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUE'Z, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: tASASMIN ALLEN, PLANNER
SUBJECT: /MEETING OF APRIL 1, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 17, 1997 THRU MARCH 28, 1997
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of March 17,
1997 through March 28, 1997.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 2
A. Approved with conditions on a 5 to 0 vote (Schwartz and McCarthy
absent), a modification of the conditional use to allow the construction
of a parking lot and a butterfly garden with gazebo at the Wayside
House, located on the west side of N.E. 6th Avenue, north of N.E. 3rd
Street.
B. Approved (5 to 0), on a temporary basis (until July 22, 1997) the
conditional modification use pertaining to the elimination of the 4-
space parking lot along N.E. 2nd Street at the Crossroads Club,
located at the southwest corner of N.E. 2nd Street and N.E. 4th
Avenue. The parking area has been replaced with an outdoor
waiting/smoking area. The temporary approval period is based on a
condition of the original conditional use approval which required either
formal off-site parking and lease agreements or an alternative parking
plan to be in place by July 22, 1997.
C. Denied on a 5 to 0 vote a request for a determination of similarity of
use for body art (tattoos) in the CBD (Central Business District). The
Board requested that staff come back with a proposal to possibly
allow body art as a conditional use in other zoning districts.
D. Initiated on a 5 to 0 vote a Land Development Regulation amendment
to the CBD (Central Business District) regulating the rental of sporting
goods and equipment (i.e. bicycles, in-line skates, etc.).
The following items which were considered by the Board will be forwarded to
the City Commission for final action.
· Recommended approval (3 to 2, Schmidt and Carbone dissenting),
of a Future Land Use Map Amendment from County MR-5 to City
Medium Density Residential (5-12 du/ac) and associated annexation
with the establishment of initial zoning of RM-8 (Medium Density
Residential 8 units per acre) for Pathways to Recovery, Inc.,
located on the east side of Barwick Road, approximately 250 feet north
of Sabal Lakes Road.
· Recommended approval (5 to 0), of a conditional use request to allow
the establishment of a bowling center within the Delray Square
Shopping Center (former Ames Department Store), located on the
east side of Military Trail, north of Atlantic Avenue.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 3
· Recommended approval (5 to 0), of a rezoning request from CF
(Community Facilities) and RR (Rural Residential) to RM-7 (Medium
Density Residential -7 units per acre) for Coral Trace (Sned property),
a multi-family development generally located north of West Atlantic
Avenue, between High Point and Sudan subdivisions.
· Concurrently the Board tabled the preliminary plat request to allow the
Site Plan Review and Appearance Board's action on the site plan to
precede action on the plat. However, the Board did approve on a 4 to
1 vote (Eliopoulos dissenting) the following waivers:
· A reduction in the right-of-way width for the internal access tract
adjacent to the duplex units from 60' to 50'.
· A reduction in the right-of-way width for the access tract adjacent to
the townhome units from 60' to 24'.
· A reduction in the pavement width for the 50' right-of-way from 24'
to 22'.
· The elimination of a sidewalk along one side (west side) of the
access road and entrance to the development.
· Recommended approval (5 to 0), of a Future Land Use Map
Amendment from Transitional to General Commercial and Rezoning
from POD (Planned Office District) and RM (Medium Density
Residential) to SAD (Special Activities) with attendant site plan for a
parcel of land located at the northeast corner of S. Federal Highway
and Avenue "G" (Fronrath Vehicle Sales).
· Continued on a 5 to 0 vote a rezoning request from A (Agricultural) to
RM (Medium Density Residential) for a parcel of land located on the
north side of Old Germantown Road, east of Spanish Wells
Condominium.
· Recommended approval (5 to 0) of an amendment to the Land
Development Regulations establishing specific requirements for the
installation of telecommunication towers and antennas.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 4
1. Approved with conditions (4 to 0, Andrews and Pakradooni absent;
Little stepped down) a fiat wall sign for Musician's Exchange,
located on the north side of East Atlantic Avenue, east of N.E. 2nd
Avenue.
2. Approved (5 to 0), a fiat wall sign for Regal Cinema (The Plaza at
Delray), located at the northwest corner of Federal Highway and
Linton Boulevard.
3. Approved (5 to 0) a fiat wall sign for Smith Gardner, within the
Arbor Office Park, located on the east side of Congress Avenue,
south of Linton Boulevard.
4. Approved (5 to 0) a request for a color change for the Pineapple
Grove Main Street Office located on the east side of Pineapple
Grove Way, south of N.E. 2nd Street.
5. Approved (5 to 0) a request for color changes for several existing
commercial buildings within Pineapple Grove - Pineapple Grove
"Paint the grove Floribean", located on the east side of Pineapple
Grove Way, between N.E. 1st Street and N.E. 2nd Street.
6. Denied (5 to 0), a request for a change in the architectural
elevation associated with a mural on the south face of the Florida
Sheriffs Youth Ranch building located on the west side of North
Federal Highway, south of N.E. 14th Street.
7. Approved (5 to 0), the architectural elevation plan for Daughter of
Zion Junior Academy, a proposed private school to be located on
the west side of N.W. 3rd Avenue, between Martin Luther King
Boulevard (N.W. 2nd Street) and N.W. 3rd Street. The site plan
and landscape plan were previously approved by the Board.
8. Approved (5 to 0), a request for a color change at the Morrison's
Cafeteria within the Plaza at Delray, located on the northwest
corner of Federal Highway and Linton Boulevard.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 5
9. Approved (5 to 0), a change in the architectural elevation to allow
the screening of a roof top air conditioning unit, at Chevron U.S.A.,
located at the northeast corner of N.E. 6th Avenue (northbound
Federal Highway) and East Atlantic Avenue.
10. Approved with conditions (5 to 0), the site plan landscape plan and
wall elevations for the Public Beach Parking Lot, located on the
west side of A-l-A, north of Atlantic Avenue. Concurrently, the
Board approved several waivers, namely;
· A reduction of the perimeter landscape strip from 5' to 3 1/2'
along the south property line.
· The requirement for a 5' landscape strip along the east
property line adjacent to A-1-A right-of-way.
The requirement for a 20' stacking distance at the entrance
on A-I-A (with the provision that the stacking distance be
provided if A-1-A is widened).
X. Approved (6 to 0), the demolition of a non-contributing cottage on the
rear of the lot located at $ S.E. 1st Street. Concurrently, the Board
tabled the request to allow the construction of a wood perimeter
fence.
Y. Denied (6 to 0), the Certificate of Appropriateness for a 4' high chain
line fence in the front yard for a single family residence located at 708
$.E. 3rd Street. Concurrently, the Board approved a change to the
architectural elevation plan regarding the windows along the north
building face.
Z. Approved on a 5 to 0 vote (Damiano abstained), the Certificate of
Appropriateness associated the replacement of a free standing sign at
102 N. Swinton Avenue (Law Offices of Weiner, Morici & Aronson).
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF APRIL 1, 1997
L-.30 CANAL
E:: "J
__,_ 1
I n, LAKE IDA ROAD
[_., .... ,' ....... ....... ....... .....
NW
~,,o~.-- J r ~
· ' ' A~ANTIC A
~.._.. .... .~ ! ~ /
r' J
I o
i LOWSON BOULEVARD m f .
· c3
I o .
I
i UNION BOULEVARD
~ .... i !
, .
i
L-38 CANAL C-15 CANAL
c,~ L,~,TS ........... S.P.R.A.B. P. &: Z.
1. - MUSICIAN'S EXCHANGE A. - WAYSIDE HOUSE
2. - REGAL CINEMAS (THE PLAZA AT DELRAY) B. - CROSSROADS CLUB
i MILE
I 5. - SMITH GARDNER
I
I
4. - PINEAPPLE GROVE MAINSTREET OFFICE H.P.B.:
SCALE 5. - PINEAPPLE GROVE "PAINT THE
GROVE FLORIBEAN" X. - 6 S,E. 1ST STREET
N 6. - SHERIFF'S YOUTH RANCH (COMMUNITY Y. - 708 S.E. 3RD STREET
MURAL PROJECT IV) Z. - 102 N. SWINTON AVENUE
~ 7. - DAUGHTER OF ZION JUNIOR ACADEMY
Cl3Y OF DELRAY BEACH, FL B. - MORRISON'S CAFETERIA
PLANNING DEPARTMENT 9. - CHEVERON U.S.A.
-- O/C/F~Z 845E 444P $)'~F£M -- 10. - FIRE STATION jl 2 (BEACH PARKING LOT)
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 19, 1997
AGENDA ITEM: IV.A.
ITEM: Site Plan and Landscape Plan associated with a proposed public parking
lot, located on the west side of N. Ocean Boulevard (A-l-A), approximately
600' north of E. Atlantic Avenue.
ATLANTIC AVENUE ~11
GENERAL DATA: '
Owners .......................................... City of Delray Beach, Florida
Applicant ....................................... David Harden
Location ......................................... West side of N. Ocean Boulevard (A-l-A), approximately 600' north of
E. Atlantic Avenue.
Property Size ................................. 0.41 Acre
Future Land Use Map .................... Community Facilities
Current Zoning .............................. OS (Open Space)
Adjacent Zoning ................... North: RM (Medium Density Residential)
East: OS
South: CBD (Central Business District)
West: CF (Community Facilities)
Existing Land Use ......................... Vacant land
Proposed Land Use ....................... Construction of a 29-space parking lot (2 handicap spaces), a privacy
wall and brick paver sidewalk along the north end of the site with
associated landscaping.
Water Service ................................ N/A.
Sewer Service ............................... N/A.
The action requested of the Board is that of approval of the site plan and
landscape plan for a public parking lot.
The subject property is located on the west side of N. Ocean Boulevard (A-l-A),
approximately 600' north of E. Atlantic Avenue, and consists of approximately
.41 acre.
:=.,.;:~..i:.,/-.,~i:;~;~;-,~7,~.~;~ ....... ,._ ..;. ......... . ........ ~ .~ , ..
The proposal involves the construction of a 29-space parking lot, brick paver
sidewalk, associated landscaping, and a 6' wall. The parcel is unplatted and
contains approximately .41 acre.
At its meeting of February 23, 1994, the Site Plan Review and Appearance
Board approved site and development plans for the Camino Real Holiday Inn
expansion. The site plan included a land swap of City property (existing beach
parking) for an alternate site along the north side of the expansion parcel. One
of the requirements in the I~nd swap agreement was construction of a new
beach parking lot pdor to the demolition of the existing beach parking lot.
Construction of the parking area began prematurely and has been halted
pending approval of the site development plan by this Board.
The development proposal consists of the following:
[] Construction of 29 parking spaces, including 2 handicap spaces;
[] Construction of a 7' brick paver sidewalk;
[] Construction of a cbs 6' pdvacy wall; and,
la Installation of associated landscaping.
The privacy wall and landscape strip adjacent the north property line will serve
as a buffer for the Manor House condominium to the north.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on site and development
application/request.
SPRAB Staff Report
Beach Public Parking Lot
Page 2
LDR Section 4.3.4{K) Development Standards Matrix:
As no buildings are proposed, the setback, building height, and lot coverage
requirements of the OS district are not applicable. No minimum lot size, depth,
frontage, or width requirements are required in the OS district.
Open Space:
Pursuant to LDR Section 4.4.22(F) (Development, Supplemental, and Special
Regulations), all standards and or use of property zoned OS shall be established
pursuant to the site and development plan. Approximately 17% of the total site
area will be devoted to landscaped areas. VVith the inclusion of the proposed
paver brick sidewalk approximately 25% non-vehicular use area is provided.
LDR Chapter 4.6 Supplementary District Regulations:
Stacking Requirement:
Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a
right-of-way and the first parking space or aisleway in a parking lot with 21-50
spaces requires a minimum stacking distance of 20'. The proposed public
parking lot provides no on-site stacking distance as the first parking space abuts
the east property line. It is noted that 25' of stacking in the swale area is
provided in A-1-A right-of-way. A waiver from the on-site stacking requirement is
requested.
Waiver:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the'approving
body shall make a finding that the granting of the waiver:.
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish' the provision of Public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for another
applicant or owner.
SPRAB Staff Report
Beach Public Parking Lot
Page 3
The Florida Department of Transportation (FDOT) has identified A-1-A as a
constrained facility. The City's Comprehensive Plan (Traffic Element Policy A-
7.3) addresses this designation by stating the City opposes widening or other
enhancements of A-1-A which would accommodate greater traffic flow since
such improvements would encourage the use of A-1-A for inter-area traffic
movements and will therefore increase the use of east-west trafficways to access
A-1-A. There are no plans to widen this road, therefore the existing 25' northern
swale area will remain and provide the required stacking distance. Further,
given the shortage of public parking in the area it is important to maximize the
number of parking spaces on site.
Given the above, the waiver request will not adversely affect the neighboring
area, diminish the provision of public facilities, nor create an unsafe situatiOn.
Granting the waiver will not result in a special privilege. Based upon the above,
a waiver is recommended.
Off-Street Parking:
The plan provides for 29 parking spaces .(including two handicap parking
spaces), and pedestrian and vehicular access to A-1-A. All design standards for
off-street parking have been met.
Lighting:
The proposed parking lot will be used during evening hours, therefore, it is
appropriate to provide lighting. Attached as a condition of approval is the
provision of parking lot lighting.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was :.
conducted and the following applicable policy, is noted:
Traffic Element Policy A-7.3 The City, ~by adoption of this policy statement,
opposes widening or other enhancements of A-1-A which would
accommodate greater traffic flow: since such improvements would
encourage the use of A-1-A for inter-area traffic movements and will
therefore increase the use of east-west trafficways to access A-1-A.
SPRAB Staff Report
Beach Public Parking Lot
Page 4
As previously identified, given this policy and the constrained facility designation
for the roadway, the proposed parking lot stacking setback of a minimum of 20'
will be provided within the right-of-way.
A 6' privacy wall is proposed 6' south of the north property line to accommodate
a landscape strip containing Silver Buttonwood trees, Cocoplum hedging, and
Evergreen Giant Liriope. Seagrape trees, Washingtonia palms and Silver
Buttonwood hedging are proposed along the south property line.' Coconut palms
and Spider Lily are proposed at the entrance. Seagrape trees and Spider Lily
will be planted in the parking lot landscape islands.
The city is entering into a landscape maintenance agreement with the Manor
House, which will require the landscape strip between the privacy wall and the
north property line to be maintained by the Manor House.
Landscape Waivers
Associated with this development proposal are waiver requests to LDR Section
4.6.16(H)(3)(d) (Perimeter Landscaping) and LDR Section 4.6.16(3)(a)
(Perimeter Requirements Adjacent to Public and Pdvate Rights-of-Way).
Perimeter Landscape (Abutting Properties) Waiver;
Pursuant to LDR Section 4.6.16(H)(3)(d), a 5' wide landscape area must be
provided between off-street parking area and the abutting property. The request
is to allow a 3~' landscape stdp along the south property line.
As stated previously in report, pursuant to LDR Section 2.4.7(B)(5), prior to
granting a waiver, the approving body must make findings that the granting of
the waiver will not adversely affect the neighboring area; significantly diminish
the provision of public facilities; create an unsafe situation; or, grant a special
privilege.
The reduction from 5' to 3~' has resulted from the reconfiguration of the plans
for the north property line. The reconfiguration accommodates a landscape strip
to the north of a 6' privacy wall and 7' paver sidewalk. This layout allows for
additional protection for residential uses to the north and a 1~' reduction
between commercial uses to the south. In addition, the north portion of the hotel
expansion provides a 5' landscape strip immediately south of the property line
which results in a combined 8W landscaped area.
SPRAB Staff Report
Beach Public Parking Lot
Page 5
The waiver request will not adversely affect the neighboring area, diminish the
provision of public facilities, nor create an unsafe situation. Granting the waiver
will not result in a special privilege. Based upon the above, a waiver to reduce
the required 5' landscape area to 3W along the south property line is
recommended.
Perimeter Landscape (Right-of-Way) Waiver
Pursuant to LDR Section 4.6.16(H)(3)(a), a 5' landscape strip is required
between an off-street parking area or other vehicular use area and the right-of-
way. A 5' landscape strip is required along A-l-A, however, as the most eastem
parking space abuts A-1-A additional right-of-way, provision of a 5' landscape
strip is not possible. It is noted a 25' landscaped area exists between the travel
lanes of A-1-A and the property line. Given the constrained facility designation
for A-1-A this landscaped area will be maintained in the future.
The waiver request will not adversely affect the neighboring area, diminish the
provision of public facilities, nor create an unsafe situation. Granting the waiver
will not result in a special privilege, as the same request would be granted under
similar circumstances. Based upon the above, a waiver to not provide the
required 5' landscape area is recommended.
Pursuant to LDR 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 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
following areas:
Section 3.1.1(A) - 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 Community
Facilities and a OS (Open Space) zoning designation. Pursuant to LDR Section
4.4.22(C)(1), a beach parking lot is permitted as an accessory use to the
municipal beach in the OS zone district. The OS zoning distdct is consistent with
the CF Future Land Use Map designation. Based upon the above, it is
appropriate to make a positive finding with respect to the Future Land Use Map.
SPRAB Staff Report
Beach Public Parking Lot
Page 6
Section 3.1.1(B) - Concurrency: As described in Appendix A, a positive finding
of concurrency can be made as it relates to water, sewer, streets and traffic,
drainage, parks and recreation, and open space, and solid waste.
Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As
described in Appendix B, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Section.. 3.1.1(D) - Compliance with the Land Development Regulations: As
described under the Site Plan Analysis Section of this report, a positive finding of
compliance with the LDRs can be made, when all outstanding items attached as
conditions of approval are addressed and if all requested waivers are granted.
Section 2.4.5{F){5) -Compatibility (Site Plan Findings): The approving body
must make a finding that development of the property pursuant to the site
plan will be compatible and harmonious with adjacent and nearby
properties and the City as a whole, so as not to cause substantial
depreciation of property values.
The proposed use is to be developed on currently vacant property. To the north
is the Manor House condominium development; to the east is A-1-A and the
Atlantic Ocean; to the south is the site of the proposed expansion of the Camino
Real Holiday Inn; and to the west is the City Fire Station #2. Zoning to the north
is RM (Multiple Family Residential - Medium Density); to the east is OS (Open
Space); to the west is CF (Community Facilities); and to the south is CBD
(Central Business District).
A need for parking in this area is to be accommodated by the construction of the
parking lot. Compatibility with the condominium to the north will be enhanced by
the installation of a 6' privacy wall and landscape strip. Five feet 'of landscape
material including trees, hedges, and underplantings are being provided on the
north side of the wall to buffer the Manor House. As indicated inthe Landscape-
Analysis section of this report, the city is entering.into a landscape maintenance
agreement with the Manor House, which will maintain this landscape material.
A landscape stdp is also proposed along the south property line which in
connection with landscaping on the north property line of the hotel will provide a
combined 8' perimeter landscape strip.
Based on the above, a finding can be made that the proposed use will not have
an adverse impact on the surrounding area, nor will it hinder development or
redevelopment of nearby properties.
SPRAB Staff Report
Beach Public Parking Lot
Page 7
Privacy Wall:
A 6' privacy wall of cbs construction is proposed to be off-set 6' from the property
line in order to accommodate a landscape stdp north of the wall. The privacy
wall and landscape strip are being installed to screen the parking lot from the
Manor House condominium to the north.
Sidewalk:
A 7' brick paver sidewalk is to be constructed adjacent the proposed parking
spaces, and will connect to an existing concrete sidewalk on A-1-A and the new
walkway on the Fire Station #2 site. This sidewalk system will provide
continuous access between Andrews Avenue and A-1-A.
Technical Items:
The following items will need to be addressed with the revision of plans:
1. That site lighting locations be noted on the plan.
2. That a ramp at the location where the 7' paver sidewalk meets A-1-A be
shown on the plan.
3. That the parking detail be amended to remove the compact parking space
detail.
4. That a sign for "No Parking Turnaround .Area" be Provided at the westem '-,
most parking space.
The site is located within an area requiring review by the CRA (Community
Redevelopment Agency) and the DDA (Downtown Development Authority). The
CRA discussed the proposal at its meeting of Mamh 13, 1997and recommended
approval of the project. The project is scheduled for review by the DDA on
March 20, 1997 and the recommendation will be reported at the City
Commission meeting.
SPRAB Staff Report
Beach Public Parking Lot
Page 8
Courtesy notices of the beach public parking lot have been sent to:
Ron Price -Delray Ocean Villas
Dr. Harris Shumacker- Delray Summit
Frank McKinney - Oceanfront Property Owners
Fred Devitt - Oceanfront Property Owners
Joan Baccari - Beach Properties Owners Association
Manor House Condominium Association
Any letters of support of objection will be presented at the Board's meeting.
The proposed parking lot is a relocation of existing beach parking. It is
anticipated the parking will be utilized as public parking for beach patrons and
patrons of downtown uses during non beach hours. Compatibility with the
condominium to the north is assured through the installation of a privacy wall and
landscape material north of the cbs wall. Non-vehicular access is enhanced
through installation of 7' walkway which will connect with an existing sidewalk at
Fire Station #2 and A-1-A to the east. This will provide non- vehicular access
from Andrews Avenue to A-1-A.
A. Waivers:
1. Approve a waiver to LDR Section 4.6.9(D)(3)(c)(1), from the prevision of a
20' stacking distance based upon a positive finding with LDR Section
2.4.7(B)(5).
2. Approve a waiver to LDR Section 4.6.16(H)(3)(d), to allow a reduction of
the perimeter landscape strip width from the required 5' to 3%' along the
south property line based upon a positive finding with LDR Section
2.4.7(B)(5).
3. Approve a waiver to LDR Section 4.6.16(H)(3)(a) from the provision of a 5'
landscape strip along the east property line, adjacent A-1-A right-of-way
based upon a positive finding with I_DR Section 2.4.7(B)(5).
SPRAB Staff Report
Beach Public Parking Lot
Page 9
B. Site Plan:
Approve the Site Plan for the public parking lot based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan and Section 2.4.5(F)(5)
subject to the following conditions:
1. That site lighting locations be noted on the plan.
2. That a ramp at the location where the 7' paver sidewalk meets A-I-A be
shown on the plan.
3. That the parking detail be amended to remove compact parking space
detail.
4. That a sign for "No Parking Turnaround Area" be provided at the western
most parking space.
C. Landscape Plan:
Approve the Landscape Plan for the public parking lot based upon positive
findings pursuant to LDR Section 4.6.16, subject to the condition that site
lighting locations be noted on the landscape plan.
Attachments:
El Appendix A
El Appendix B
El Location Map
El Site Plan
El Landscape Plan
SPRAB Staff Report
Beach Public Parking Lot
Page 10
Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective
B-2 of the Land Use Element of the Comprehensive Plan must be met and a
determination made that the public needs of the requested land use and/or
development application will not exceed the ability of the City to fund and
provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer: The development of a parking lot will create no additional
demand on water and sewer service as it relates to this level of service standard.
.Streets and Traffic: No additional demands will be created with respect to
streets and traffic as the parking lot use does not generate any traffic.
Parks and Recreation Facilities: Park dedication requirements do not apply for
non-residential uses. Thus, the proposed development will not have an impact
with respect to level of service standard.
Solid Waste: No solid waste will be created from the development of a parking
lot. Therefore, a positive finding can be made.
Drainage: On-site retention will be provided via installation of catch basins. No
problems are anticipated from the design and use of the system.
Open Space; Pursuant to LDR Section 4.4.22(F) (Development, Supplemental,
and Special Regulations), all standards and or use of property zoned OS shall
be established pursuant to the site and development plan. Approximately 17%
of the total Site area will be devoted to landscaped area. With the inclusion of
the proposed paver brick sidewalk, approximately 25% non-vehicular use area is
provided.
SPRAB Staff Report
Beach Public Parking Lot
Page 11
A. Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it
pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent Impact with respect to lighting cannot be determined at_
this point pending submittal of lighting locations
B. Appropriate separation of travelways is made for vehicles, bicycles, and
pedestrians in a manner consistent with objective D-1 of the Traffic
Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open Space enhancements described in Open Space and Recreation
Objective B-l, are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. That any street,widening associated with the development shall not be
detrimental upon desired character and cohesiveness of affected
residential areas.
Not applicable __X__
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development
regardless of zoning designations.
SPRAB Staff Report
Beach Public Parking Lot
Page 12
Not applicable X
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use
and intensity are appropriate in terms of soil, topographic, and other
applicable physical considerations; complementary to adjacent land
uses; and fulfills remaining land use needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. In order to provide for more balance demographic mix, the development
of "large scale adult oriented communities" on the remaining vacant land
is discouraged.
Not applicable X
Meets intent of standard
Does not meet intent
- ----: ~ ~,~-~---~--~--~~, o-!
- "'~=-- ="~ .~1 I /~ I 1
ATLANTIC AVENUE
-, ' ~1 ~ I,,,~..~1~1 ~ ~ ~ ~ ~ I
- ,~ ~ , -- ==~z: ~,1/
- ~- I/7~' ico, oo iii~
_ II , ,, ~ , .... , ,,,
r
N
~ BEACH PARKING LOT
PLANNING
CITY OF 0[LRAY BEACH. FL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~
SUBJECT: AGENDA ITEM # ~' - MEETING OF APRIL 15, 1997
CONDITIONAL USE REQUEST/BOWLING ALLEY
DATE: APRIL 11, 1997
This is before the Commission to consider a Conditional Use
request to allow the establishment of a bowling center within the
Delray Square Phase II Shopping Center located on the east side
of Military Trail, north of Atlantic Avenue.
The proposed bowling center would occupy 50,000 square feet of
the eastern portion of the original bay formerly occupied by
Zayre and then by Ames Department Stores. The center will
consist of 42 bowling lanes, snack bar, lounge, pro shop, and a
video game and billiard area. Proposed hours of operation will
be 8 a.m. to 1:00 a.m. Sunday through Thursday, and 8 a.m. to
2:00 a.m. Friday and Saturday.
At its meeting of March 17, 1997, the Planning and Zoning Board
voted 5-0 to recommend that the conditional use request be
approved subject to the condition that the Site Plan Review and
Appearance Board review and approve all exterior modifications.
Recommend approval of the conditional use request to allow the
establishment of a bowling center within the Delray Square
Shopping Center.
City Commission Documentation
Meeting of April 15, 1997
Delray Square Bowling Center
Conditional Use Approval
Page 2
This project will require a change to the facade of this structure, due to the
construction of a main entrance. The previous entrance to the Ames/Zayre store
is completely utilized by the Big Lots store.
Internal to the bowling center, approximately 70-80% of the floor space will
consist of up to 42 bowling lanes, scoring and settee areas, concourse and
tables, control desk, administrative offices, walkways, storage and mechanical
areas, and the like. The remaining 20-30% of the area will consist of a snack
bar, lounge/bar, pro-shop, and a video game & billiard area.
The bowling center will employ approximately 20 people, of which 8-10 will be
full-time.
Proposed hours of operation are: Sunday-Thursday 8:00 AM - 1:00 AM
Friday - Saturday 8:00 AM - 2:00 AM
At its meeting of March 17, 1997, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was no public testimony
regarding the request, however Planning & Zoning Director Diane Dominguez
did state she had received a letter of support from the Progressive Residents of
Delray (PROD). After minimal discussion, the Board voted 5-0 (Schwartz and
Mc Carthy absent) to recommend to the City Commission approval of the
Conditional Use request to establish a bowling center based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the
policies of the Comprehensive Plan.
Approve the Conditional Use request to establish a bowling center in the Delray
Phase II Shopping Center based upon the findings made by the Planning and
Zoning Board, subject to the following condition:
· Review and approval of all exterior modifications by the Site Plan Review and
Appearance Board (SPRAB).
Attachment:
Board Staff Report and Documentation of March 17, 1997.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 17, 1997
AGENDA ITEM: V.B.
ITEM: Conditional Use Request to allow the establishment of a Bowling Center
within the Delray Square Shopping Center (Formerly Ames Department
Store), Located on the east side of Military Trail, north of Atlantic Avenue.
(S.R. 806
~ST ~ ATLANTIC AVENUE
GENERAL DATA:
Owner/Applicant ......................... Charles Moosa,
Delray Square II Shopping Center
Location ...................................... 14550 South Military Trail
Property Size .............................. 11.77 Acres
Future Land Use Map ................. General Commercial
Current Zoning ........................... PC (Planned Commercial)
Adjacent Zoning ................ North: GC (General Commercial), A (Agricultural), & R-I-A (Single
Family Residential)
East: POC (Planned Office Center)
South: GC&PC
West: P.B. County CG/SE
Existing Land Use ...................... Shopping center
Proposed Land Use .................... Conditional use request to establish a bowling center in an
existing vacant bay.
Water Service ............................. Existing on site.
Sewer Service ............................ Existing on site.
V.B.
The action before the Board is that of making a recommendation to the
City Commission on a Conditional Use request to establish a bowling
center, within the Delray Square Phase II Shopping Center.
The subject property is located on the east side of Military Trail,
approximately 650 feet north of Atlantic Avenue. The proposed use would
be located in the northwest corner of the Delray Square Phase II
Shopping Center.
This property has an extensive land use history which dates back to 1976, at which
time a Water Service Agreement was approved between the City of Delray Beach and
Delray Square Associates, Ltd., for the City to provide water service to the Delray
Square shopping center.
Phase I of Delray Square (Publix, Movie Theatre) was constructed in 1976. Phase II
(Zayre/Ames) was constructed in 1987, with the east portion of the shopping center
(Phar-Mor) being constructed in 1989.
On October 24, 1989, the subject property was annexed into the City of Delray Beach
with a zoning designation of GC (General Commercial). With the Citywide rezoning of
1990, the Delray Square shopping center was rezoned to PC (Planned Commercial).
There have been site plan modifications processed for Delray Square which include
minor additions and alterations to the shopping center. The following are the most
recent land use actions which relate to the property.
On October 26, 1993, the City Commission granted conditional use approval to
establish a 240 seat bingo hall for the Multiple Sclerosis Foundation within the 6,000
sq.ft, bay formedy occupied by the Phar-Mor liquor store. The applicant subsequently
requested that the conditional use approval be rescinded as they decided to seek
approval through Palm Beach County to locate within the Marketplace at Delray
shopping center, at the northwest comer of Atlantic Avenue and Military Trail. The
bingo hall received special exception approval through Palm Beach County, however,
the use was never established and the approval has since expired.
At its meeting of June 4, 1996, the City Commission approved a Conditional Use
request to establish a community centedsocial club for the South Palm Beach County
Jewish Federation within the vacant 51,700 sq.ft, bay, previously occupied by Phar-
Mor.
P & Z Board Staff Report
Delray Square Phase II Bowling Center - Conditiona~ Use Approval
Page 2
This Conditional Use Request is to establish a bowling center within the remaining
portion of the commercial bay previously occupied by Zayres, and subsequently Ames
discount store. The original Ames/Zayres bay consisted of 80,000 square feet. The
subject bay has subsequently been sub-divided into two bays of 30,000 and 50,000
square feet, respectively. The smaller bay (western portion), has been leased by the
Big Lots store since 1994. The proposed bowling center would occupy the remaining
50,000 square feet, on the eastern portion of the original bay. This portion of the
original bay has been vacant since the Ames store closed some five years ago.
This project will require a change to the facade of this structure, due to the construction
of a main entrance. The previous entrance to the Ames/Zayre store is completely
utilized by the Big Lots store.
Internal to the bowling center, approximately 70-80% of the floor space will consist of
up to 42 bowling lanes, scoring and settee areas, concourse and tables, control desk,
administrative offices, walkways, storage and mechanical areas, and the like. The
remaining 20-30% of the area will col~sist of a snack bar, lounge/bar, pro-shop, and a
video game & billiard area.
The bowling center will employ approximately 20 people, of which 8-10 will be full-time.
Proposed hours of operation are: Sunday-Thursday 8:00 AM - 1:00 AM
Fdday- Saturday 8:00 AM - 2:00 AM
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 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 Board 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 General Commercial
and a PC (Planned Commercial) zoning designation. The PC zoning designation is
P & Z Board Staff Report
Detray Square Phase II Bowling Center - Conditional Use Approval
Page 3
consistent with the General Commercial land use designation. Within the PC zone
district, the conditional uses of the GC (General Commercial) zone district are
applicable. Pursuant to LDR Section 4.4.9(D)(14) [ref. Section 4.4.12(D)], within the PC
zone district, recreational establishments such as bowling alleys, gymnasiums, health
spas, miniature golf courses, and skating rinks, are allowed as a Conditional Use.
Based upon the above, it is appropriate to make a positive finding 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 is to occupy a vacant bay within an existing shopping center. Adequate
water and sewer services, as well as drainage retention areas, were provided with
development of the shopping center and are existing on-site. The proposed use will not
have an impact on the City's ability to provide adequate levels of service (i.e. water,
sewer, drainage, solid waste, and parks and recreation facilities). With respect to traffic
concurrency, a traffic statement was submitted projecting that the conversion of 50,000
sq.ft, of retail space to a bowling center will have a net reduction in trip generation.
However, the site is vested for the higher trip generation level. Based upon the above,
a positive finding can be made with respect to Concurrency.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LDR 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 objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies were found.
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.
As the proposed use will occupy a vacant bay which is internal to the Delray Square
Shopping Center, there will be no impacts on adjacent properties.
P & Z Board Staff Report
Delray Square Phase II Bowling Center - Conditional Use Approval
Page 4
Parking will not be an issue, as the required parking spaces for a bowling center are
less the than the previous retail use. In addition, the peak demand will primarily occur
during the evening hours, when many of the service oriented tenants (Motor Vehicle
Department, State Labor Department, etc.), will be closed. Further, there is a sufficient
number of parking spaces in the immediate area to accommodate the evening
demands of the proposed bowling center as well as the adjacent movie theater located
to the south in the Delray Square Phase I shopping center
The proposed use will not hinder development or redevelopment of nearby properties.
While the shopping center currently has a large vacancy rate (64%), the use may help
to attract other businesses into the center, which has had difficulty attracting tenants to
occupy the large number of vacant bays. It will also provide a much needed
recreational center for residents of the immediate area and the City as a whole.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Floor Plan
With the Conditional Use request, a floor/sketch plan was submitted and reviewed by
staff. The floor plan provides general information with regard to the location of basic
activities within, as described in the project description. However, this basic floor plan
will be subject to changes upon further planning by the proprietors of the bowling
center, in order to more efficiently utilize space and to accommodate the most critical
needs. Thus, the submitted sketch/floor plan does not provide specific details with
respect to fire and building code requirements which include occupancy load, handicap
accessibility, and fire protection. If the conditional use request is approved, a detailed
floor plan prepared by a registered architect will need to be provided with the submittal
of the building permit application. Once the details are reviewed, additional
requirements relating to utilities, building code and fire code items may be imposed.
Need for Recreational Uses
The need for privately owned recreational facilities was identified by the recent
VISIONS 2005 Assembly, and subsequent study being conducted by the Planning &
Zoning Department. This need is also identified the City's Comprehensive Plan (Open
Space & Recreation element, Objective A-3), as well as the 1996 Evaluation and
Appraisal Report to the Comprehensive Plan. The need for privately owned recreational
uses is well documented. Bowling is a prime example of this type of recreational use,
as it can be enjoyed by residents of all ages.
P & Z Board Staff Report
Delray Square Phase II Bowling Center - Conditional Use Approval
Page 5
History
Delray Beach has a long history of bowling, beginning in the eady 1940's when a small
bowling center was established on Atlantic Avenue (adjacent to the railroad tracks,
across from EIwood's). Known as the Delray Bowling Arcade, it was a popular
gathering spot for locals, until it was destroyed by fire in 1955. Three years later the
Delray Bowl was built on the 400 Block of Southeast 1st Avenue (now Ostermann's
Sausage). The Delray Bowl also became a popular recreational and social center for
the community, and flourished for some 30 years. Finally, in 1988, the now outdated
facility was forced to close its doors.
Since that time, citizens of Delay Beach who would like to bowl are forced to travel
outside the City and visit centers in Boynton Beach (4 miles), Boca Raton (8 miles), or
Lake Worth (11 miles).
De/raY's first bowling center, the De/ray BOwling Arcade (circa 1940's).
Creative Re-use of Existinq Structures
Neighborhood shopping centers have seen a great deal of difficulty leasing large
square foot bays, after an original tenant vacates. Typically, these bays of 30,000
square feet or more serve as "anchors stores", designed to draw customers into the
plaza. This "customer traffic", generated by the anchor store, supports the smaller retail
uses in the shopping center, who would not draw in enough customers on their own.
When the large anchor store vacates, many if not all, of the smaller retail shops will
follow, leaving blighted plazas with large vacancy rates. The Delray Square Plaza
Phase II, has experienced this cycle, as well as several other plazas in this area. The
Delray West Plaza is another example of this cycle.
P & Z Board Staff Report
Delray Square Phase II Bowling Center - Conditional Use Approval
Page 6
The situation becomes further complicated by the fact that larger retail companies
prefer to "build to suit" new locations, rather than "retro- fit" existing structures. This
forces shopping center owners to seek alternative or non-traditional forms of business
to fill their empty space. Most often these businesses are flea markets & festival type
stores, or other types of marginal uses, that require minimal reinvestment.
In this case however, a bowling center is an excellent example of a creative re-use of
an existing structure. A bowling center would provide the necessary customer traffic to
support the smaller retail uses, without denigrating the quality of the shopping center as
a whole. It will also, as mentioned earlier in the report, fulfill a basic recreational need
and social meeting place, which is not available in the City.
The development proposal is not located within a geographical area requiring review by
the Community Redevelopment Agency (CRA), Downtown Development Authority
(DDA), or Historic Preservation Board (HPB).
Site Plan Review and Appearance Board
The proposal involves an existing commercial bay with extedor modifications to the
facade. The proposed architectural modifications will require review and approval by
the SPRAB (Site Plan Review and Appearance Board).
Special Notice:
Special Notice has been provided to the following civic and homeowner's associations:
El High Point
El High Point of Delray West
El United Property Owners Association
El Sherwood Park Homeowners Association
I~ Hamlet Homeowners Association
El Greensward Village
El Sherwood Forest
El Woodlake Homeowners association
Q Hanover Square/Windy Creek
El Country Club Acres
I~ Sunset Pines
I~1 Highland Trailer Park
[] Progressive Residents Of Delray (PROD)
I~ Tenants of Delray Square (Phase II) shopping center.
P & Z Board Staff Report
Delray Square Phase II Bowling Center - Conditional Use Approval
Page 7
Public Notice:
Formal public notice has been provided to property owners within a 500 ft. radius of
Delray Square, Phase I1. Letters of objection, if any, will be presented at the Planning
and Zoning Board meeting.
The proposed use is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. There is sufficient parking on the site
to accommodate the proposed bowling center as well as other tenants/uses in the
shopping center, and will be less impacting with regard to traffic than the previous retail
use. The proposed use may help to attract other businesses into the center, which has
had difficulty attracting tenants to occupy the large number of vacant bays. Also, the
use will fulfill the need for a bowling center in the Delray Beach area.
Establishment of this use will require internal modifications to the commercial bay. With
review of the building permit application, additional requirements may be imposed. The
proposal calls for exterior modifications to the facade which will require review and
approval by SPRAB.
1. Continue with direction.
2. Recommend approval of the Conditional Use request for a bowling center based
upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the
policies of the Comprehensive Plan.
3. Recommend denial of the Conditional Use request for a bowling center based upon
a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility)
of the Land Development Regulations.
P & Z Board Staff Report
Delray Square Phase II Bowling Center - Conditional Use Approval
Page 8
Recommend approval of the Conditional Use request for a bowling center based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the following conditions:
A. Review and approval of all exterior modifications by the Site Plan Review and
Appearance Board (SPRAB).
Staff Report prepared by: Dan Marfino, Senior Planner
Attachments:
El Location Map
El Site Plan
El Floor Plan
S:PLANNI/DOCUME/REPORT/PZBOWL1.DOC
BARRETT ST.
~-- q,¢ ~ I ' FRANCES DR.
K-MART
il ALLIANCE PUBLIX
nRsr
il WESTERN UNION
WEST A T L A N T I C A V E N U E
>- >
rY BARNETT
<[ BANK
DELRA Y
BA B Y b-- WES T
SUPERSTORE -- PLAZA SCOTTYS
PLAZA ~
JEFFERSON ROAD
N
~ DELRAY SQUARE BOWLING CENTER
~_,'."*~C,~'^~T~T (DELRAY SQUARE SHOPPING CENTER-PHASE
CITY OF DELRAY BEACH, FL
-- D/OI1-AL BASE' MAP SYSTEM -- MAP REF: LM140
.~J9 ~Z
MEMORANDUM
DATE: April 11, 1997
TO: David T. Harden, City Manager .~
FROM: Regina F~et Administrat~c~.~
THRU: Joseph ~rector of Finance
RE: Mid-Year Budget Amendment for FY 96/97
Attached please find Resolution Number 35-97 which amends the budget for
Fiscal Year 1996/97. Also attached are supporting schedules and backup
documentation for your review.
Also included in the backup is the detailed budget adjustment for the City Garage
which amounts to an overall increase of $52,570 due to the addition of the fire
apparatus maintenance program. The change to the Insurance Fund resulting
from the decreased cost of health insurance premiums amounts to $250,440.
These two funds are not part of the normal budget exhibit.
Please let me know if you have any questions.
CC: Becky O'Connor, Treasurer
RESOLUTION NO. 35-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-96
ADOPTED SEPTEMBER 17, 1996, AND RESOLUTION NO. 87-96
ADOPTED DECEMBER 10, 1996, WHICH MADE APPROPRIATIONS
OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL
YEAR 1996/97, BY SETTING FORTH THE ANTICIPATED
REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF
THE CITY FOR THE FISCAL YEAR 1996/97; TO REPEAL ALL
RESOLUTIONS INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1. of Resolution No. 72-96 adopted
September 17, 1996, and Section 1. of Resolution No. 87-96 adopted
December 10, 1996, are hereby repealed, and a new Section 1. is
enacted and amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in
this resolution, all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1996, and ending the 30th day
of September, 1997, for which the appropriations are made, are
sufficient to pay all the appropriations in full. Otherwise, said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the 1st day of October, 1996, and ending the 30th day
of September, 1997.
Section 3. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1996, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be made
in any appropriation for the fiscal year commencing the 1st day of
October, 1996. However, nothing in this section shall be construed to
be applicable to unencumbered balances remaining to the credit of the
Water and Sewer Fund, Sanitation Fund or any Fund created by the setting
up of special revenue, but such balances shall be used in financing the
proposed expenditures of these Funds for the fiscal year commencing the
1st day of October, 1996.
Section 4. That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 5. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the City shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Budget Administrator and/or Finance Director
to report known violations of this section to the City Manager.
Section 7. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
promptly into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the
official budget of the City of Delray Beach, Florida, for the aforesaid
period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to
the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 9. That public hearings were held on the tax levy and
the budget on September 3, 1996, September 17, 1996, and December 10,
1996.
Section 10. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 15th day of
April, 1997.
ATTEST:
~ty Cl~rk --
- 2 - Res. No. 35-97
Exhibit A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 1996-1997
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 251,886 40,000 3,379,687 994,608 4,666,181
ESTIMATED REVENUES:
TAXES M/Ilage Per $1,000
AD VALOREM TAXES 6.95 17,554,220 17,554,220
AD VALOREM TAXES O.90 2,252,620 2,252,620
AD VALOREM-DELINQUENT 103,340 103,340
AD VALOREM - DDA 1.00 94,070 94,070
Sales & Use Taxes 1,525,600 1,525,600
Franchise Taxes 3,002,000 3,002,000
Utility Taxes 5,174,000 5,174,000
Licenses & Permits 1,996,320 1,996,320
Intergovenunental 4,913,750 49,390 1,863,601 6,826,74 l
Charges for Services 3,561,050 25,104,880 28,665,930
Fines & Fod'eitur~s 473,600 473,600
Miscellaneous Revenues 1,356,830 4,330 3,673,450 77,440 5,112,050
Other Financing Sources 3,916,790 544,410 775,990 5,237,190
TOTAL ~ AND OTHER
]~NnN~ ~OL~CV.S 45,830,120 98,400 29,372,130 2,717,031 78,017,681
TOTAL E~IMATEi) REVENUES
ANO ~t. ANCgS 46,082,006 138,400 32,751,817 3,711,639 82,683,862
EXPENDITURF3/EXPENS ES:
General Government Services 5,844,544 5,844,544
Public Safety 25,161,035 25,161,035
Physical Environment 304,062 20,606,384 20,910,446
Transportation 1,291,873 1,291,873
Economic Environment 687,980 90,200 2,964,019 3,742,199
Humen Services 170,030 170,030
Culture & Recreation 6,064,426 2,962,298 401,940 9,428,664
Debt Service 2,871,900 4,964,010 298,040 8,133,950
Othcr Financing Uses 3,532,408 3,602,160 7,134,568
TOTAL EXPENDITURES/EXPENSES 45,928,258 90,200 32,134,852 3,663,999 81,817,309
Reserves 153,748 48,200 616,965 47,640 866,553
TOTAL EXPKND~ AND RESERVES 46,082,006 138,400 32,751,817 3,711,639 82,683,862
Mid Year Budget Amendment
FY96/97
General Fund Summary
All departmental budgets have been amended from the period ending
March 31, 1997 at which time the General Fund Budget totalled
$45,142,876. Adjustments of $939,130 were made for an amended total of
$46,082,006. Adjustments greater than $5,000 have been noted.
GENERAL FUND REVENUES
Ad Valorem Taxes
The City can expect a surplus of $151,000 in this category. A surplus of $159,000 is
expected in current ad valorem tax revenue and a shortfall of $8,000 is expected for
delinquent taxes. Estimates are based on historical trending.
Sales and Use Taxes
No adjustment has been made to the line items in this category.
Franchise Taxes
A surplus of $75,000 is expected in this category. Surplus balances are expected for
franchise fees based on electric ($45,000), gas ($27,000) and cable TV ($3,000). Sales
surpassed original expectations.
Utility Taxes
The Utility Tax Revenue category increased by $164,000. Revenue from utility taxes on
BellSouth, other telecommunication, and gas exceed original estimates by $35,000,
$127,000 and $2,000, respectively. The surplus in the other telecommunication line
item is due to a new provider coming on line.
Licenses and Permits
Revenues for this category increased by $192,300. The increase is mainly due to
increased projections for building permits ($100,000), electrical permits ($50,000),
plumbing permits ($20,000), air conditioning/heating permits ($20,000), paving permits
($5,000), and tree permits ($14,000). There is an also estimated shortfall in tennis
stadium license fees ($24,000).
Interaovernmental Revenues
Intergovernmental revenues are increased by $44,240 based estimated surplus
balances in state revenue sharing ($30,000), state sales tax collections ($112,000), and
the Florida Motor Vehicle Grant ($13,890). The surplus will be offset by estimated
shortfalls in cigarette tax revenues ($23,000), alcoholic beverage tax ($13,000), Palm
Beach School grant funding for Carver Middle School ($66,200), and grant funding from
the Children's Service Council ($11,250). There is an expenditure offset relative to the
Carver Middle School and Children's Service Council funding.
Charges for Services
Revenues for this category increased by $146,100. The increase is primarily due to
increased projections for Highland Beach Fire Service Fees ($109,890), Gulfstream Fire
Service Fees ($9,340), transport fees ($45,000), administrative fees relative to road
· impact fees ($6,000), tennis lesson sales ($20,000), league and tournament fees
($11,000), concert revenue ($20,700) and sale of tennis merchandise ($10,000).
Shortfalls are expected in police security charges ($7,860), beach parking permits
($5,500), after school program fees ($40,900), day camp fees ($20,420) and tennis
general admissions ($5,000). The increase to the Highland Beach and Gulfstream line
items is due to a correction to a prior year accounting entry.
Fines and Forfeitures
Fines and Forfeitures decreased by $2,100. The City can expect a shortfall in penalties
relative to ad valorem tax revenues ($11,100) as well as for those contractors working
without a permit ($5,000). A surplus balance is expected for the false alarm line item
($10,000).
Miscellaneous Revenues
Revenues for this category increased by $127,590. The increase is mainly due to an
increase in projections for interest on investments ($20,000), rental revenue from the
Chamber of Commerce ($65,000), the sale of land ($36,010), sale of surplus property
($12,330) and interest on the Old School Square Note ($10,300). Shortfalls are
expected for vending ($5,000), and tennis stadium fees ($12,000).
Other Financing Sources
The Other Financing Sources category increased by $41,000. The increase is due to
the recording of the microfiche machine and the Direct Talk communications equipment
lease agreements. There is a direct offset on the expenditure side for this category.
General Fund Revenues
FY 97 FY 97
APPROVED PROPOSED REVISED
CATEGORY BUDGET ADJUSTMENT BUDGET
Ad Valorem Taxes 19,759,180 151,000 19,910,180
Sales and Usc Taxes 1,525,600 0 1,525,600
Franchise Taxes 2,927,000 75,000 3,002,000
Utility Taxes 5,0 I0,000 164,000 5,174,000
Licenses and Permits 1,804,020 192,300 1,996,320
Intergovernmental Revenues 4,869,510 44,240 4,913,750
Charges for Services 3,414,950 146,100 3,561,050
Fines and Forfeitures 475,700 (2,100) 473,600
Miscellaneous Revenues 1,229,240 127,590 1,356,830
Other Financing Sources 3,875,790 41,000 3,916,790
Smplus Brought Forward 251,886 0 251,886
T~ai General Fund Revenues $45,142,876 $939,130 $46,082,006
GENERALFUND EXPENDITURES
General Government
Includes the legislative and administrative departments of the City and the Miscellaneous
Expenditures division. The increase in General Government expenditures totals
$681,272.
The increase in the City Commission budget includes an additional $11,275 in special
event funding as well as $1,500 and $2,500 for consulting services provided by Florida
Innovation Group and PBC Cultural Council, respectively.
The City Manager's budget increase is the result of the promotion of an employee from
another department and is offset by a decrease in the Administrative Services
Departmental budget.
The Miscellaneous division includes the cost associated with the purchase of property
adjacent to the Chamber (76 SE 5th Ave), which is offset by $65,000 in lease revenue to
be received by September 30, 1997. Also included is the costs associated with Phase I
and Phase il of the Omnicom contract (approved 3/12/97).
Includes the Police and Fire Departments and Community Improvement. The increase in
Public Safety expenditures totals $72,057.
The Police Department's budget increase includes the purchase of specialized equipment
for a surveillance van. Also included is the additional premium for increased life
insurance benefits approved in the new PBA contract. These costs are both largely offset
by the decrease in health care premiums.
The increase in the Fire Department totals $28,755 which includes increased overtime
costs, higher premiums for life insurance benefits, and unanticipated repairs to vehicles
and equipment.
Included in the Community Improvement budget is the recording of two lease purchases
(Direct Talk 2 and microfiche equipment) which is offset by corresponding revenues.
Trans.oortation
The net change in this category is an increase of $18,800. The Street Lighting Division
includes a shortfall of $25,000 in the cost of electricity due to the addition of new street
lights. The Streets Maintenance, Traffic Operations, and Parking Facilities Divisions show
a decrease due to the reduction in health insurance premiums.
Economic Environment
Includes a decrease in payment of $10,530 to the Community Redevelopment Agency
due to a reduction in the final assessed valuation.
Humar~ Services
There are no changes in this category.
Culture and Recreation
Includes the Parks and Recreation Department, the Old School Square Grant and the
Library. The changes in this category equate to a net decrease of $92,607 largely due to
the reduction in the After School Program.
Also included in this category is a grant award of $10,000 to EPOCH for the renovation of
the Spady House.
Other Financing Uses
Accounts for Interfund transfers. The increase in expenditures totals $124,850 to the
General Construction Fund for various items as listed below.
NUM ITEM AND JUSTIFICATION AMOUNT
REQ UES TED
1 Fibermux FX4400 to replace current hardware at City Hall 14,700
2 Source router bridges to improve the integrity of the fiber 10,000
backbone
3 Network Dial-In for Remote Fire Stations 14,030
4 Fibermux equipment to replace obsolete IBM 8220s which is 6,120
necessary to support the Fire Stations network dial-in.
5 Structural repairs to the 100' Christmas Tree 40,000
6 Air conditioning repairs at the Police Department 40,000
General Fund Expenditures
FY 97 FY 97
APPROVED PROPOSED REVISED
CATEGORY/DEPARTMENT BUDGET ADJUSTMENT BUDGET
General Government services '
City Commission 182,541 12,127 194,668
City Manager 208,973 14,475 223 448
Public Information 67,708 1,310 69 018
Human Resources 323,494 (400) 323 094
City Clerk 421,690 1,870 423 560
Finance Administration 792,886 (5300) 787 486
Purchasing 208,516 (2,410) 206 106
Management Information Systems 531,636 3,700 535 336
City Attorney 557,250 (1,730) 555 520
Administrative Services 424,346 (6,480) 417 ~66
Planning & Zoning 754,809 (3,200) 751 509
Engineering 373,113 (1,750) 371 563
PW Building Maintenance 286,460 (3,280) 283 180
Miscellaneous Expenditure 29,850 672,440 702,290
Total General Gov't Services $8,163,272 $681,272 $5,844,544
Public Safety
Pulice 13,708,612 9,236 13,717,848
Fire 9,281,109 28,755 9,309,864
Community Improvement 2,099,257 34,066 2,133,323
Total Public Safety $25,088,978 $72,057 $2:~,161,035
Physical Environment
Public Works Admin 131,999 (580) 131319
Cemetery 173,713 (1,070) 172,643
Total Physical Environment $305,712 ($1,650) $31M,062
Transportation
Streets Maintenance 457,263 (4,520) 452,743
Traffic Operations 261,210 (1,400) 259,810
Street Lighting 503,130 25,000 528,130
Parking Facilities 51,470 .... (280) 51,190
Total Transportation $1,273,073 $18,800 $1,291,873
Economic Environment
Miscellaneous Grants 157,790 0 157,790
Other Financing Uses 540,720 (10~530) 530~190
Total Economic Environment $698,510 ($10,530) $687,980
Human Services
Miscellaneous Grants $170,030 0 170,030
Total Human Services $170,030 0 $170,030
Culture and Recreation
Parks and Recreation 5301,273 (102,607) 5,298,666
Other Grants & Aids 0 10,000 10,000
Old School Square 122,500 0 122,500
Library 633,260 0 633,260
Total Culture & Recreation $6,157,033 ($92,607) $6,064,426
Debt Service $2,878,450 ($6,550) $2,871,900
Other Financing Uses $3,407,558 $124,850 $3,532,408
Reserves $260 S153,488 S153,748
Total General Fund Expenditures $45,142,876 $939,13~0 $46,082,006
Enterprise Funds
Water/Sewer Fund
The net effect on this fund is an increase in project reserve of $36,620 due to the reduction
in health insurance premiums.
Sanitation Fund
An increase in operating costs of $1,724 for "No Dumping" signs on vacant lots, along
with the decrease in health insurance premiums of $920 results in a net decrease in project
reserve of $804.
Stormwater Utility Fund
The increase in project reserve for this fund is $3,000.
Special Revenue Funds
Beautification Trust Fund
Personal services costs were reduced by $1,870 in this fund to account for the decrease in
health insurance premiums.
Community Development Fund
Revenue was increased $54,440 to account for the salary reimbursement by the Delray
Beach Housing Authority for the Director position. This increase was directly offset by
expenditures for salary and benefits. Contingency was increased $1,840 due to the
reduction in health premiums.
Also, Fiscal Year 1995/96 balances for CDBG, HOME, SHIP, Hope3 and the Bootstrap
Program were brought forward.
Internal Service Funds (not on exhibit)
Insurance Fund
An increase in project reserve of $930 to account for the decrease in personal services costs
in this fund, as well as a decrease in revenue and expenditures for the City-wide reduction
in health insurance premiums of $250,440.
City Garage Fund
The revenues and expenditures in this fund are increasing $52,570 due to the addition of
the Fire Apparatus maintenance which was previously handled within the Fire Department.
Detailed adjustments are shown on the following pages.
Also included is the decrease in health premiums resulting in an increase in project reserve
of $3,240.
BUDGET ADJUSTMENT CITY GARAGE
FOR FIRE APPARATUS MAINTENANCE
Revenue
Account Number D_lt ~u~!J~lg~ Amount
501-395-0200 Labor Charge-700 billable hours for Fire $29,400.00
Mechanic/Supt. (~ $42.00 per hour
Heavy Equipment Rate
501-395-0500 Parts fee 20% x parts charges and $3,860.00
outside services
501-395-0800 Parts charges $11,590.00
501-395-0900 Outside Service $7,720.00
TOTAL [ $52,S70.00 J
Expenses
Ac~Qunt Number J~ Amount
501-3311-591-12.10 Salaries - 12 pay days Fire Mech/Supt $17,820.00
501-3311-591-13.10 Part-time - 12 pay days $4,400.00
501-3311-591-14.10 Overtime - for Fire Mech/Supt $1,000.00
501-3311-591-21.10 FICA $1,580.00
501-3311-591-22.10 Pension $1,115.00
501-3311-591-23.10 Life Insurance $145.00
501-3311-591-23.20 Disability $195.00
501-3311-591-23.30 Health Insurance $2,040.00
501-3311-591-24.10 Workers Compensation $1,390.00
501-3311-591-25.10 Unemployment $25.00
501-3311-591-25.20 F_AP $40.00
SUBTOTAL $29,750.00
Expenses Continued
501-3311-591-44.45 Vehicle Rental - vehicle #8981 Ford $1,140.00
501-3311-591-46.20 Equipment Maint. - vadous pieces of $500.00
equipment
501-3311-591-46.30 Vehicle Maint. - for vehicle ~981 Ford $500.00
501-3311-591-52.10 Fuel/Lube vehicle - for vehicle ~981 Ford $300.00
501-3311-591-52.20 General operating supplies $1,070.00
Subtotal $3,510.00
'501-3311-591-52.50 External Parts - 60% of balance of total $11,590.00
accounts 001-2313-522-46.31 and 46.90
($4,500) account 001-2315-522-46.31
and 46.90 ($11,500) and mid-year budget
amend ($7,130) less 20% mark up
'501-3311-591-52.52 City Garage outside service 40% of $7,720.00
balance same as 52.50
TOTAL [ $52,570.00
*Total from Fire accounts $23,170.00 includes mark up 20%
Total for parts outside service = $19,310.00
20% mark up = $3,860.00
Total = $23,170.00
Parts 60% x $19,310.00 = $11,590.00
Outside service 40% x $19,310.00 = $7,720.00
Total $19,310.00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMJ~AGER~
SUBJECT: AGENDA ITEM # ~; - MEETING OF APRIL 15, 1997
RESOLUTION NO. 34-97
DATE: APRIL 11, 1997
This is before the Commission to consider a resolution objecting
to special act legislation to permit the abolishment of a munici-
pal government without study, consent or concurrence of the
municipality.
Effective January 1, 1998, if approved by a referendum of voters
in the two cities, Senate bill 1852 relating to the cities of
Port Richey and New Port Richey in Pasco County, abolishes the
City of Port Richey, annexes the lands comprising that city into
the City of New Port Richey, and provides for the City of New
Port Richey to assume the assets and liabilities of the City of
Port Richey.
This action disregards the fundamental principles upon which home
rule was founded and exists in Florida law. The concern is the
precedent setting impact similar legislation could have for any
city in the state.
Recommend consideration of Resolution No. 34-97.
RESOLUTION NO. 34-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OBJECTING TO SPECIAL ACT
LEGISLATION TO PERMIT THE ABOLISHMENT OF A
MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT OR
CONCURRENCE OF THE MUNICIPALITY.
WHEREAS, Senator Jack Latvala (R), District 19 has
sponsored SB1852 and Representative Debra Prewitt (D), District
46 has sponsored HB1295, a Special Act of the Legislature of
Florida advocating the abolition of the City of Port Richey and
its annexation to the City of New Port Richey without a study by
the Florida Department of Community Affairs, either local
jurisdiction or any independent study group or organization; and
WHEREAS, this Special Act legislation calls for the
abolishment of the City of Port Richey, Florida, and further
calls for the City of Port Richey to be annexed into the City of
New Port Richey, Florida, through the vehicle of a forced
referendum to be held in both cities, by a special election to be
held in September 1997, and not during the regular election of
both cities to be held in April of each year; and
WHEREAS, neither the City of New Port Richey nor the
City of Port Richey have requested this action be taken by the
Florida Legislature, and the City of Port Richey has clearly and
vigorously voiced it's opposition to the entire forced mandate by
the bill sponsors; and
WHEREAS, the action taken by the bill sponsors is with
a complete disregard for the fundamental principles upon which
home rule was founded and exists pursuant to Florida law, as well
as the constitutional provisions contained in all municipal
charters for the electorate to bring a question of this magnitude
to a referendum as the community deems proper and necessary, and
WHEREAS, the City Commission of the City of Delray
Beach, Florida, is deeply concerned about the impact similar
legislation could have for any city in the state.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That the City Commission of Delray Beach,
Florida, formally voices it's concern regarding this matter of
great importance to our local legislative delegation members and
to the sponsors of the unprecedented action, Senator Jack Latvala
and Representative Debra Prewitt, and requests that an immediate
response be forthcoming from the sponsors setting forth with
particularity the reasons and necessity for such legislation
affecting the ability of two cities to determine their
destiny at the local level without intrusion by the Legislature.
Section 2: The the Chairperson of the Florida
Constitutional Revision Commission be advised of the concerns of
this Commission regarding the power of the Florida Legislature to
~urden any City of the state with the need to protect itself from
future unilateral legislative action without provocation or
justification, and to amend the Florida Constitution to provide
for necessary checks and balances, stu~ by appropriate state
agencies and a referendum by the people affected before any
municipality of the State of Florida may be abolished, merged or
otherwise consolidated with another local government.
PASSED MD ~OPTED in regular session on this 15th day
of ~ril, 1997.
ATTEST:
City Cie~ - ;
-2- Res. No. 34-97
"FOR SUNSHINE
CITY OF PORT RICHEY
8624 PORT RICHEY VILLAGE LOOP
PORT RICHLY, FLORIDA 34668 i~ ~ ~ ~ [~ ~ ~ ~'~-~
Dear Mayor, City Manager or City Clerk
Re: Special Act Lcgislation effecting all cities
Attached please find a copy of a resolution concerning an issue that we believe is of the
utmost importance to you and many other communities throughout the State of Florida.
We would sincerely appreciate your support by adoption of the attached dra~ resolution
which indicates the forced legislation talcing place by two of our legislators without cause
or justification. This legislative action may be precedent setting and could have an impact
on all cities in the future.
Please forward a copy to the attention of Michael Sittig, Florida League of Cities, P.O.
Box 1757, Tallahassee, FL 32302 and more importantly to the individual members of
your legislative delegation along with a copy to Senator Jack Latvala and Representative
Debra Prewitt whose addresses are as follows:
Senator Jack Latvala Representative Debra A. Prewitt
302 Senate Office Building 1402 House Office Building
Tallahassee, FL 32399-1100 Talla_hassee, FL 32399-1300 .:'
(Fax) (813) 298-1699 (Fax) (813) 8414179
In addition, plea.se return a copy to the City of Port Pdchey, Attn: City Clerk; at g624 Port
Richey Village Loop, Port Richey, FL 34668.
Thank you for your concern and support in this important matter.
-fa~nes~l~l. er, Mayor
/Jci,
A RESOLUTION BY THE CITY COUNCIL
OF THE CITY OF OBJECTING TO
SPECIAL ACT LEGISLATION TO PERMIT THE ABOLISHMENT
OF A MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT
OR CONCURRENCE OF THE MUNICIPALITY
WHEREAS, Senator Jack Latvala (R), District 19 has sponsored SB1852 and
Representative Debra Prewitt (D), District 46 has sponsored HB1295, a Special Act of the
Legislature of Florida advocating the abolition of the City of Port Richey and its annexation to
the City of New Port Richey without a study by the Florida Departmem of Community Affairs,
either local jurisdiction or any independent study group or organization; and,
WHEREAS, this Special Act legislation calls for the abolishment of the City of Port
Richey, Florida, and further calls for the City of Port Richey to be annexed into the City of New
Port Richey, Florida through the vehicle of a forced referendum to be held in both cities, by a
special election to be held in September 1997, and not during the regular election of both cities to
be held in April of each year; and,
WHEREAS, neither the City of New Port Richey nor the City of Port Richey have
requested this action be taken by the Florida Legislature, and the City of Port Richey has clearly
and vigorously voiced it's opposition to the entire forced mandate by the bill sponsors; and,
WHEREAS, the action taken by the bill sponsors is with a complete disregard for the
fundamental principles upon which home rule was founded and exists pursuant to Florida law, as
well as the constitutional provisions comained in all municipal charters for the electorate to bring
a question of this magnitude to a referendum as the community deems proper and necessary, and
WHEREAS, the City Council/Commission of the City of is
deeply concerned aborn the impact similar legislation could have for any city in the state.
NOW, TI-iEREFORE, BE IT RESOLVED, that the City Council/Commission of the City
of formally voices it's concern regarding this matter of great
importance to our local legislative delegation members and to the sponsors of the unprecedented
action, Senator Jack Latvala and Representative Debm Prewitt, and requests that an immediate
response be forthcoming fi'om the sponsors setting forth with particularity the reasons and
necessity for such legislation affecting the ability of the two cities to determine their own destiny
at the local level without intrusion by the Legislature.
BE IT FURTHER RESOLVED by the City Council/Commission of the City of
that the Chairperson of the Florida Constitutional Revision
Commission he advised of the concerns of this Council/Commission regarding the power of the
Florida Legislature to burden any City of the state with the need to protect itself fi'om future
unilateral legislative action withom provocation or justification, and to amend the Florida
Constitution to provide for necessary checks and balances, study by appropriate state agencies
and a referendum by the people affected before any municipality of the State of Florida may be
abolished, merged or otherwise consolidated with another local government.
PASSED AND ADOPTED this day of ,1997.
Attest:
City Clerk Mayor
Se~ate Bills - sb1552 http://www.scri.fsu.edu/...-recent-btll/s/1997/1852
+ { } + represents underlined; ~vords underlined are additfons
-{ }- represents stricken; words stricken are deletions
Senate Billsb1852
Correspondin~ Bill lnfommdon '
Bill as PHnted
19L253A-97 SB 1852
A bill to be entitled
3~ act relating to the Cities of Port Richey Section 3~ This act, except for this sectioh, which
and New Port Richey, Pasco County; abolishing shall take effect July 1, 1997, shall take effect January 1,
the City of Port Richey; annexing the lands 1998, but only if sections i and 2 of this act are approved by
comprising that city into the City of New Port a majority vote of those electors who reside in the City of
Richey and providing for the City of New Port New Port Richey who vote in a referendu/a to be held on
Richey to assume the assets and liabilities of September 9, 1997, and by a majority vote of those electors
the City of Port Richey; providing for a who reside in the City of Port Richey who vote in'a referendum
referendum; providing effective dates, to be held on September 9, 1997. The referendum shall' be
conducted b~.the Supervisor. of Elections of Pasco County ..... .
Be It Enacted by the Legislature of the State of Florida: throughout the territory comprising both cities and paid for
by the City of New Port Richey. The following statement shall
Section 1. The City of Port Richey, created by chapter be placed on the ballot:
11034, Laws of Florida, 1925, as amended by cha~ter 21505,
Laws of Florida, 1941, and by chapters 61-2716, 61-2717, Shall the City of Port Richey be incorporated into the
61-2718, 61-2719, 67-1954, and 67-1955, Laws of'Florida, is City of New Port Richey, and the assets and liabilities of the
abolished, and the' lands comprising the City of Port Richey City of Port Richey be assumed by the City of New Port Richey
'are annexed into the City of New Port Richey. effective January 1, 19987
Section 2. The City of New Port Richey shall assume
all assets and liabilities of the City of Port Richey. YES
NO
3 03/12/97 10:40:08
MEMOR. ANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~[A_NAGER~
SUBJECT: AGENDA ITEM # ~ ~' - MEETING OF APRIL 15, 1997
SERVICE AUTHORIZATION NO. 2/HAZEN AND SAWYER
DATE: APRIL 11, 1997
This is before the Commission to consider Service Authorization
No. 2 in the amount of $15,000 to Hazen and Sawyer for prepara-
tion of a City-wide water main upgrade program. The scope of
services includes review of the City's potable water distribution
system to identify areas requiring upgrades for enhancement of
pressures, provision of fire protection and looping of systems to
eliminate dead end lines, and updating of the system model.
Identified improvements will be prioritized, and costs will be
estimated and annual funding levels for implementation of capital
improvements will be recommended. Funding is available from
Other Professional Services (Account No. 441-5111-536-31.90).
Recommend approval of Service Authorization No. 2 to Hazen and
Sawyer for preparation of the water main upgrade program.
Agenda Item No. ~
AGENDA REOUEST
Date: April 9, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: April 15, 1997
Description of item (who, what, where, how much): Staff requests
Commission approval of Service Authorization #2 for Hazen & Sawyer° P.C.
in the amount of S15.000.00 for preparation of a Cit_vwide watermain
upgrade program. Services will include review of the City's existing
water system, identification and prioritization of improvement necessary
for pressure enhancement, fire protection and elimination of dead ends.
Cost estimates and annual funding levels will be recommended. Funding
for this expenditure is from ESD Administration Account ~441-5111-536-
31.90, Other Professional Services.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization for
Hazen & Sawyer. -~~~_ ~ ~7~
Department head signature: ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/N0 ~
Hold Until: ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Act ion:
Approved/DJ sapproved
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Richard C. Hasko, P.E. \,~b,c~-
Asst. City Engineer
SUBJECT: WATERMAIN UPGRADE PROGRAM
HAZEN & SAWYER SERVICE AUTHORIZATION #2
PROJECT NUMBER 97-034
DATE: April 9, 1997
Attached is a copy of Service Authorization #2 for Hazen & Sawyer in the total amount
of $15,000.00 for preparation of a City-wide watermain upgrade program. The scope of
services includes review of the City's existing potable water distribution system for
identification of areas requiring watermain upgrades for enhancement of pressures,
provision of fire protection and looping of systems to eliminate dead end lines where
possible. Updating of the water system model will also be accomplished.
Identified improvements will be prioritized for presentation as immediate, median and
long term improvements. Costs will be estimated for all improvements and annual
funding levels for implementation of capital improvements will be recommended.
Funding for this expense is available in ESD Administration Account #441-5111-536-
31.90, Other Professional Services. Please place this item on the April 15 Agenda for
consideration by City Commission.
RCH/gm
Att:4
cc: file: Agenda
file: Project #97-034
file: s/eng/eng/proj/97043/contract/svcauth2.doc
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: April 8. 1997
SERVICE AUTHORIZATION NO. 2, ~ FOR CONSULTI~IG SERVICES
CITY P.O. NO. CITY EXPENSE CODE:
PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.)
TITLE: Watermain Replacement Evaluation
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the contract dated as if written there in full.
I. PROJECT DESCRIPTION
This Service Authorization covers the evaluation of watermain replacement for lines less than 6-
inches in diameter located within the following areas: east of 1-95, south of Gulfstream Boulevard,
north of S.W. 10th Street, and west of A1A, including the barrier island. A technical memorandum
shall be developed which shall prioritize capital improvements for the recommended watermain
upgrades.
II. SCOPE OF SERVICES
A. Phase I - Study and Report
1. Review the existing water atlas and water distribution system computer model to determine
if new watermains have been included. Update water distribution system computer model
to include all water lines installed from the date of finalization of Service Authorization No.
13 Water Distribution System and Wastewater Transmission System Computer Modeling.
2. Consultant shall provide a draft technical memorandum (TM) which shall identify watermains
to be upgraded (by priority) and shall include a capital improvements program. The
watermains shall be evaluated based upon fire protection, pressure deficiencies, adequate
water service and looping of system. The recommended improvements shall be divided into
three levels of implementation (immediate improvements, median improvements, and long
term improvements). Five copies shall be submitted in draft form for review by City.
Consultant shall conduct one draft review meeting with the City following the draft TM
submittal. The final TM shall incorporate City comments and five copies shall be submitted.
PROSC287. BCA :04-08-97
Page 1 of 3
III. DATA AND SERVICES TO BE PROVIDED BY THE CITY
CITY shall provide Data and other services in accordance with Article IV of the Contract. Specifically
the CITY shall provide copies of record drawings for the water distribution system improvements
implemented subsequent to the finalization of Service Authorization No. 13 Water Distribution
System and Wastewater Transmission System Computer Modeling.
IV. COMPENSATION
The compensation for services shall be billed on an hourly basis plus reimbursable expenses.
.~ Fees
Item No. 1 $5,919
Item No. 2 $9,081
TOTAL $15,000
V. COMPLETION DATE
The completion date for preparation of draft TM specified in Task 2 of this service authorization will
be within 6 weeks of Notice to Proceed. The final TM will be completed within 2 weeks of receipt of
final comments from City.
PROSC28 7.BCA:O4.08-9 7
Page 2 of 3
This Service Authorization is approved contingent upon the CITY'S acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the CITY in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the CITY may terminate the contract without
incurring any further liability. The consultant may not commence work on any Service Authorization
approved by the CITY to be included as part of the contract without any further notice to proceed.
Approved by:
CITY OF DELRAY BEACH HAZEN AND SAWYER, P.C.
Date: Date: / ~ ~.~
By:
Jay Alperin
Mayor
Witness
Attest:
Approved as to Legal Witness
Sufficiency and Form
STATE OF ~
COUNTY OF _.~alJ]~_~a.c~_
The foregoing instrument Was acknowledged before me this,~~ day of ~, 1997 by
Gary W. Bors. Vice President (name of officer or agent, title of officer or agent, of I-i~en and
~ (name of corporation acknowledging), a New York (state or place of Incorporation)
corporation, on behalf of the corporation..Id.e/She (i~ personally known to me.) or has produced
identif'~.ation), Florida Driver's License (type of identification) (~[~3iJIic, a~)
and (did/did not) take an oath.
'~igr~ature of Person Taking
Acknowledgment
Name of Acl~n0wledger Typed,
Printed or Stamped
[ O~iCiAL NOTARY SEAL
PROSC287. BCA:04-08-97 ~ LORI A O6BORN
Page 3 of 3 ~ NOTARY PUBLIC STATE OF FLORIDA[
~ I COMMISSION NO. CC3~0028
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lvI32XlAGER~
SUBJECT: AGENDA ITEM # ~f - REGULAR MEETING OF APRIL 1S, 1997
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: APRIL 8, 1997
In view of his election to the City Commission, David Schmidt has
submitted his resignation from the Planning and Zoning Board.
This creates a vacancy for an unexpired term ending August 31,
1997.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the
city.
The list of applicants is attached for your review. Pursuant to
Commission direction, a check for code violations and/or municipal
liens was conducted. None were found.
Based upon the rotation schedule, the appointment will be made by
Commissioner Schmidt (Seat #1).
Recommend appointment of a member to the Planning and Zoning Board
to fill an unexpired term ending August 31, 1997.
ref:agmemo
Appointment to the Planning and Zoning Board
City Commission Regular Meeting of April 15, 1.997
The following have submitted applications for consideration:
Sandra Almy
Donald Allgrove (currently on Civil Service Board)
Edward Aptaker (currently on the Affordable Housing
Advisory Committee)
Patricia L. Archer
J. Kent Atherton
John G. Baccari (currently on the Board of Adjustment)
Ronald Brito (currently on Board of Construction Appeals)
Helen Coopersmith
Peter E. Costello
Kenneth J. Damian
Joseph Farkas
Sharon Fowler
Michael Goldman
Bob Griek
Ruth Hauser
Daniel P. Hess (currently on Board of Construction Appeals)
Anne Hoctor
George Maso Jones currently on the Affordable Housing
Advisory Committee)
Leo Koppman
Harriet Lerman
Jon Levinson
Gail Lee-McDermott
P. Michael Manning
Arthur J. Menor
(continued ...)
Ralph Morse
Steven Neubarth
Arthur B. NeJame
Sylvia Gwynn Pecaro
Michael K. Plum
Sherry Morris Potts
Scott Reinhart
Benjamin F. Ricker III
Irwin Rockoff
Stanley Watsky
Gregory E. Young
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~G. _ REGULAR MEETING OF APRIL 15, 1997
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: APRIL 8, 1997
Due to the automatic resignation of Patty Miller-Andrews from the
Site Plan Review and Appearance Board, there is a vacancy for a
layperson to fill the unexpired term ending August 31, 1998.
Attached is a letter from Mrs. Miller-Andrews requesting that she
be considered for reappointment.
To qualify for appointment, a person shall either be a resident of
or own property in the City, and/or own a business within the
City.
The list of applicants is attached for your review. Pursuant to
Commission direction, a check for code violations and/or municipal
liens was conducted. None were found.
Based upon the rotation schedule, the appointment will be made by
Commissioner Ellingsworth (Seat #3).
Recommend appointment of a member to the Site Plan Review and
Appearance Board to fill an unexpired term ending August 31, 1998.
ref:agmemo2
Appointment to the Site Plan Review and Appearance Board
City Commission Reqular Meetinq of April 15, 1997
The following have submitted applications for consideration:
Shane Ames
Bonnie Ansbacher
Patricia L. Archer
John G. Baccari (currently on the Board of Adjustment as a regular member)
Richard Brautigan (currently on the Board of Adjustment as
an alternate member)
Robert Brewer
Ronald Brito (currently on Board of Construction Appeals)
Helen Coopersmith
Kenneth J. Damian
Anne R. Ford
Sharon Fowler
Daniel P. Hess (currently on Board of Construction Appeals)
Richard Kheel
George Maso Jones (currently on the Affordable Housing
Advisory Committee)
Jon Levinson
Barbara Libbey
David Martin
Gail Lee-McDermott
Patty Miller-Andrews
Steven Neubarth
Rhonda Sexton
Arnold B. Smith
Chris Stray (currently on Code Enforcement Board)
Charles Williams
Gregory E. Young
SITE PLAN REVIEW AND APPEARANCE BOARD
1997
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mark Little P/A P/P P/P
Patty Miller Andrews A/P P/A A/A
J. Michael Pakradooni P/A P/P A/A
Richard Sheremeta P/P P/P p/p
Thuy ShUtt p/p p/p p/p
Daniel Carter A/P P/P P/P
E. Conrad Sittler, Jr. P/P P/A P/P
SITE PLAN REVIEW AND APPEARANCE BOARD
1996
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mark Little A/P P/P p/p P/A P/A P/P P/P/P P/P P P/P P/P P/P I
Patty Miller Andrews P/P P/A P/A P/P P/p P/P A/P/P P/P A P/P p/p p/p
J. Michael Pakradooni (appnt 4/96) P P/P P/A P/A/P P/P P A/P P/P P/P
Richard Sheremeta p/p p/p p/p P/P P/P P/P A/P/A P/P P P/P P/P P/A
Thuy Shutt (appnt 8/96) P P/P P/P P/P
Daniel Carter P/P P/P P/p P/P P/A P/P A/P/P P/P P P/P P/p ?/p
E. Conrad Sittler, Jr P/P P/P P/A P/P A/P p/p P/P/Pi P/P P P/P A/P P/A
· SITE PL~ REVIEW AND ~PEARANCE BOA~ 1995
~an Feb Mar Apr May Sun Ju! Aug Sep Oct Nov Dec
~ I ! l Ill I I I II I
Patty M. Andrews P/P P/P P/P P/P PPP P/A P/P P/P P/P P/P P/P P/P
Richard Mouw P/P P/P E/P P/P PPP P/A P/A P/P P/A P/P P/P P/A
Charles Toth P/P P/P P/P A/A PPP P/P P/P P/P A/P A/P P/P A/P
Daniel T. Carter P/P P/E P/P P/P PPP P/P P/P P/A P/P P/P P/P P/P
Richard Sheremeta P/P P/P P/P P/P PPP A/P P/P A/P p/p A/P P/P P/P
Mark Little P/P P/P P/P A/P PPP P/P P/P P/P P/P P/P A/P P/P
E. Conrad Sittler, Jr. (appnl 8/95 P/P P/P P/P P/P
SITE PLAN REVIEW AND APPEARANCE BOARD
1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Gene D. Fisher Al? P/? ?/P ?/P Ex/? ?P? P/P AlP Oft Bo~rd
Richard Mouw P/? ?/? PlA Ex/?
Richard Sheremeta ?[? ?/^ ?/? ?[? ?/Ex ??Ex P/P ?/? ?/? P/E> ?/P ?/?
Jess Sowards P/P A/P p/p P/P P/Ex ppp P/P P/P Oft Board
iDebora Turner Oster P/P P/A P/P Ex/P P/P PPEx P/P P/P Of Board
[John Weaver P/P P/P P/P Ex/P p/p ppp P/E~ P/P P/P P/P P/P P/Ex
Mar~ Little P/P P/?IP/P P/Ex P/P PPP ?/P P/P P/P P/? P/P P/P
Patty M. Andrews (~ppnt $/9~)
P/P
Ex/P
P/P
?/P
[ Charles Toth (~ppnt 8/9~ P/P P/P P/Ex P/Ex
~!pp'~--nt 9/9~ P P/P P/P P/P
Daniel
Carter
atten.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~/~ - REGULAR MEETING OF APRIL 15, 1997
APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES
DATE: APRIL 8, 1997
John L. Frysinger's term on the Police and Fire Board of Trustees
will expire on April 22, 1997. Mr. Frysinger was appointed on
January 14, 1997, to fill an unexpired term. He is eligible and
would like to be considered for reappointment. The term is for
two years, ending April 22, 1999.
In accordance with Section 33.65(A) (2) of the City Code, two
public members of the Board of Trustees are appointed by the City
Commission. Members need not be residents, property owners or
business owners within the city. The appointee must take an oath
of office.
The following have submitted applications for consideration:
John L. Frysinger (incumbent)
Melvin Hirth
John Swinford
A check for code violations and/or municipal liens was conducted.
None were found.
Based upon the rotation system, the appointment will be made by
Commissioner Ellingsworth (Seat ~3).
Recommend appointment of a member to the Police and Fire Board of
Trustees for a two year term ending April 22, 1999.
ref:agmemol
POLICE AND FIRE BOARD OF TRUSTEES
1997
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mayor Jay Alperin, P P
Robert Levitt P P
Capt. Edward Morley P A
z
Asst. Ch. M. Wigderson P P ~
Mark S. Davis P P ~
William Adams P P z
Charles Jeroloman P P
Robert Brown P P
John Frysinger P
Appnt 1/~7)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF APRIL 15, 1997
APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE (RESOLUTION NO. 36-97)
DATE: APRIL 11, 1997 -
Fred Griffin's term on the'Affordable Housing Advisory Committee
in the capacity of a provider of affordable housing expired on
March 31, 1997. Mr. Griffin has served two full consecutive
terms and is not eligible for reappointment.
The Affordable Housing Advisory Committee meets on a bi-monthly
basis (or as needed) for the purpose of developing strategies to
provide housing to meet a wide range of economic abilities. The
term is for two years, beginning April 1, 1997, and ending March
31, 1999. City residency is not required.
At the March 18th regular meeting, Mr. Randolph requested that
this appointment be deferred since we had not received any
applications specifically from a 'provider of affordable
housing' While we have still not received any applications for
this particular position, the following individuals have
applications on file for consideration in the citizen-at-large
category and may be considered to fill the vacancy:
Joseph D'Ambrosio
Renee Dillon
Joseph Farkas
Edward McCall
Ilse Nathan
Pravin C. Shah
A check for code violations and/or municipal liens has been
conducted. None were found.
The appointment will be made by Commissioner Randolph (Seat #4).
Recommend appointment of a member to the Affordable Housing
Advisory Committee to serve in the capacity of a provider of
affordable housing for a two year term ending March 31, 1999.
Once the appointment is made, formal adoption of Resolution No.
36-97 is requested.
ref:a~memo8
RESOLUTION NO. 36-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPOINTING A MEMBER TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO
STATE LAW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, under specific authority
established by State Statute, has established the State Housing
Initiative Partnership (SHIP) Program, which requires the City to
establish an Affordable Housing Adviso~ Committee; and
WHEREAS, the Affordable Housing Advisory Committee was
established pursuant to Ordinance No. 2-93, passed and adopted on second
and final reading by the City Commission on February 23, 1993; and
WHEREAS, five of the nine membership positions on the
Affordable Housing Advisory Committee became vacant on March 31, 1997,
due to the expiration of terms; and
WHEREAS, four of the five vacancies were filled through the
adoption of Resolution No. 25-97 on March 18, 1997; and
WHEREAS, the City Commission desires to appoint a member to
the Affordable Housing Advisory Committee to fill the remaining vacancy
created by the expiration of terms.
NOW, THEREFORE, BE IT RESOLVED BY ~E CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following member of the Affordable
Housing Advisory Committee is hereby appointed by the City Commission to
a term commencing on April 1, 1997, and ending on March 31, 1999:
Renee Dillon , a provider of affordable housing
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 15th day of
April, 1997.
JCit~ ~erk
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 15, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.J. PROPOSAL FOR A COMBINED ACCESSWAY/CAMINO REAL HOTEL AND THE
CITY'S NORTH PARKING LOTS Consider authorizing Camino Real
Hotel to file an application for a modification to their
expansion plans which proposes a joint accessway to the
City's and the hotel's parking lots.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN
CITYMANAGER ~(~. \ ~ ~ ~. --
FROM: DIANE DOMINGUEZ ~....~-~-'"fJ~~,/~ ~
DIRECTOR OF PLANNING AND ZONING j ,.~
DATE: APRIL 15, 1997
RE: PROPOSAL FOR A COMBINED ACCESSWAY - CAMINO REAL
HOTEL AND THE CITY'S NORTH PARKING LOTS
As you know, the Camino Real hotel has received site plan approval for a 100-room
expansion. The owners are proposing to modify the approved site plan, and have
submitted two alternatives (copies attached). One of those alternatives (Alternative #2)
would combine the access to the hotel's parking area with the City's relocated beach
parking lot. This proposal would reduce the need for two parallel driveways serving
single-loaded parking bays to one 24-foot drive serving a double-loaded bay. It would
enable the hotel to move its building further to the north, improving the layout and on-
site circulation. The number of spaces in the two lots would not change. The benefits to
the City will be worked out as part of a joint-access agreement that will need to be
approved by the City Commission in order to implement this plan.
The alternate site plans are to be considered by the Site Plan Review and Appearance
Board (SPRAB) at tomorrow night's meeting. While the approval of Alternate #2 is
ultimately up to the City Commission, it would be appropriate to have the Commission
formally authorize the submission of the plan for SPRAB consideration at tomorrow
night's meeting. The Commission is not being asked to endorse or approve the plan at
this time, just the application.
RECOMMENDED ACTION
By motion, authorize the application for the modification to the Camino Real expansion
plans, which proposes a joint accessway to the City's and the hotel's parking lots.
Attachments:
· Alternate site plans
· .--, . ...., td~'no~ ~.1.~o~ '1'¢]]]~ ONII~:2 ;~]
~lll ull! J II~l, :'i:'il. ' l'" q'tlllil'"
I
I
gl,,,~,ll.! ,,I,,-~1 ~" ~ , I !
1
!
~, t ~; '''" """'" "';' '""""';" ;"
II! }i I '-""'"'"'"""":'"'""""'""'
I I It .,..~ ~qllmil,,l..~..~,,l,q! Ii,, III
!.~1' iiI 'll'l'~l~II ::' ·'. '
i~'LLLLLLLLL[L ~. ,~ 17 Y &or"
tOT
! . .
~~ ~~' ~00 Nm W m 1 ST AVENUE
OELRAY BEACH,FLORIOA
August 13, 1981
Mr. William J. Walsh
1209 East Atlantic Avenue
Delray Beach, Florida
Re: Conditional Use Approval - Seacrest Hotel
Dear Mr. Walsh:
This is to advise that the City Council at its meeting on August
11, 1981 voted to approve the conditional use for Seacrest Hotel
to allow a 150 room hotel in a five story structure at the north-
west corner of Atlantic Avenue and A1A, subject to:
1) City Engineer's memorandum of July 15, 1981 (copy attached).
2) Director of Public Utilities' memorandum of June 24, 1981
(copy attached).
3) Chief Building Official's memorandum of June 30, 1981 (copy
attached).
4) That the maximum capacity of the meeting room shall not exceed
120 seats.
5) That the developer will be subject to a recreation fee not to
exceed $1,000 per unit.
6) A time limitation of 18 months be set for development of the
project.
7) That the 18 parking spaces located at the southwest corner of
the property be made available--to the affecte~ merchants along
Atlantic Avenue.
Very truly yours,
G. ELDON i~ARIOTT
City Manager
JEM:nr
Encl
cc: Planning Director
Building Official
MEMORANDUM
TO: Dan Kotulla
Planning Director
FROM: ~YGerald.. B. Church, P.E. City Engineer
DATE: July 15,. 1981
SUBJECT: CONDITIONAL USE APPROVAL - SEACREST HOTEL (REVISED)
The Engineering Department has reviewed the captioned plans and approves
of same subject to the following:
1) Traffic plans shall be modified in accordance with City
of Delray Beach Drawing #3-81-007T
2) Approval is required by D.O.T. for work in Atlantic Avenue
3) Developer to offset the loss of street parking as a result
of Atlantic Avenue modification, as per Item #1.
Note: Signs must be in accordance with M.U.T.C.D. Specifications.
Drainage of the project above will have to be'maintained on
site or out through the storm sewer system. No drainage will
be allowed to flow over land on adjacent property.
There will be no trees, shrubs or structures placed on any
easement shown on this plat.
There will be no dumpsters, cluster boxes or structures in the
right of way.
~PW:GBC:mrc
TO: /~ David T.. Harden, City Manager
THRU: ~Dom(~l u~,~anning and Zoning Director
FROM: Paul Dorling, Pr'[.n~al Planner
RE: Lake Ida Road Widening
Lake Ida Road has a current daily volume of 18,871 daily trips [average of 1st
quarter of 1996 (peak season) and 3rd quarter of 1996 (non peak season)]. The
maximum traffic volume for Level of Service D for a two lane undivided roadway
is 14,300 daily trips and the maximum traffic volume for Level of Service E is
15,900. Lake Ida Road is currently operating at Level of Service F.
Pursuant to Objective B-1 of the Traffic Element of the Comprehensive Plan the
Level of Service for County Streets within the City of Delray Beach is established
at LOS "D". Further, the Traffic Performance Ordinance of Palm Beach County
requires all development projects to meet traffic concurrency i.e. all roadways
which are impacted by a development project must be operating at a Level of
Service of D or better. Projects which are considered to impact a roadway would
be projects which meet the following criteria:
Have direct access to the roadway;
· Are within one half mile, generates between 201-500 daily trips and places
any daily trips on the roadway;
· Are within one mile of the roadway, generates between 501-1000 daily trips
and places more than 143 daily trips (1% of LOS D) on the roadway;
· Are within two miles of the roadway, generates 1001-5,000 daily trips and
places more than 143 daily trips on the roadway;
Are within three miles of the roadway, generates 5,001 to 10,000 daily trips
and places more than 143 daily trips on the roadway;
· Are within four miles of the roadway, generates 10,001 to 20,000 daily trips
and places more than 143 daily trips on the roadway;
· Are within five miles of the roadway, generates 20,001 and more daily trips
and places more than 143 daily trips on the roadway.
Within the Lake Ida Road corridor the current LOS of Lake Ida Road will limit the
development potential of both the vacant parcel and the partially developed
parcel at the southeast corner and the northwest corners of Lake Ida Road and
Congress Avenue. The current LOS will also limit any project in the City of
Delray, in the surrounding municipalities, or in the County, which impact the
roadway under the above criteria.
/o A
' FEBZ61997 ~
M E M O R A N D U M CITY,COMMISSION
TO: Mayor Alperin
FROM: David T. Harden, City Manager
SUBJECT: Lake Ida Road Widening
DATE: February 26, 1997
The attached memo from Paul Dorling is in response to your questions on the above
subject.
In my opinion, the best procedure to determine how the community feels about this issue
would be to hold a well-advertised informational public hearing. The hearing should be
publicized in the papers. "In addition, notice should be given to homeowners associations
in the abutting residential areas. We could also put signs up on the road itself notifying
people about the hearing.
DTH:kwg
Attachment
cc: Vice-Mayor Randolph
Deputy Vice-Mayor Egan
Commissioner Kiselewski
Commissioner Ellingsworth
File:u:graham/cmgr
Doc.:LKIDARD.WID
To: Diane Dominguez, Planning and Zoning Director
From: Paul Dorling, Princi~9~ll Planner
Re: Lake Ida Widening
Date: February 24, 1997
In response to the City Manager's request for information on Lake Ida Road the
following is provided:
Question lB. An inventory of under developed and vacant parcels located
between El Clair Ranch Road to the west, Atlantic Avenue to the south, the city
limits to the east and the L-30 canal to the north includes the following:
23.59 acres nurseries ( agricultural zoning, HR-8 land use)
33.16 acres under developed ( agr. zoning, HR-8 land use)
18.22 acres vacant (agr. zoning ,9.67 ac. MR-5 and 8.55 ac. HR-8)
1.38 acres commercial (vacant)
76.35 acres total
The maximum residential designation in the county is HR-18 (18 units per acre).
However, this would require a change in the Future Land Use Map designation
from MR-5 and HR-8 to HR-18. Assuming the county would allow increases to
the maximum density in all cases (highly unlikely given the surrounding Iow
density single family and condominium development) the following increase in
units would result:
Allowed under existing HR 8 and MR 5: 570 units
Allowed under HR-18: 1,349 units
779 units difference
Q..uestion 1C. The current level of service for Lake Ida Road between Congress
Avenue and Barwick Road is "F" with a daily volume of 18, 871 trips. Level of
Service "D" which is the acceptable level of service identified in the
Comprehensive Plan for county roads, is exceeded for a 2 - lane road when
daily trips pass 14,300. The widening of Lake Ida Road to a 4 - lane undivided
facility would bring the LOS to "D". Level of service "D' for a 4 - lane undivided
road ranges from 14,400 to 23,300 daily trips.
The impact of vacant or under developed properties on the roadway, if
developed to maximum densities, can not be determined as the impact will vary
with the individual distribution of traffic from each site.
Question 1D. If the only factor in allowing increased density were traffic
concurrency on Lake Ida Road, the widening of the roadway would likely result
in an increase in density. However, other factors that the County must consider
in reviewing amendments to its Future Land Use Map are:
· Consistency with policies of the Comprehensive Plan;
· Consistency with the Land Development Code;
· Compatibility with surrounding uses and Zoning designations;
· Whether or not conditions have changed to the extent that an amendment is
required;
· Effects on the natural environment;
· Whether or not the change would result in a logical, orderly development
pattern;
· Consistency with neighborhood plans; and,
· Adequacy of public facilities (in addition to transportation facilities).
Given the prevailing Iow density character of the area, it is unlikely that a Future
Land Use Map amendment to a high density category could be justified solely on
the basis of increased road capacity.
Question 1E. The current growth rate for Lake Ida Road based on the past
three years is 1.2%. Using this rate the additional capacity of 4,429 daily trips
will be absorbed in 18 years or by the year 2015.
Question 1F. There are no studies to determine the difficulty of making a left
turn across a two lane road with an exceeded LOS compared to the same
number of cars on a four lane facility. However, generally it is much easier to
make a left turn on a four lane facility carrying similar traffic volumes as a four
lane facility will provide more frequent and wider "gaps" in traffic.
DELRAY SHORES NEIGHBORHOOD ASSOCIATION
POST OFFICE BOX 7752
DELRAY BEACH~ FLORIDA 55484
April .L~ 1997
The Honorable Jay Alperin
Mayor
City o-f Delray Beach
100 N. W. Ist Avenue
Delray Beach, F1 53444
Dear Honorable Alperin:
Delray Shores Neighborhood Association (DSNA) thanks you ac~d the City
Commissioners .~or the oppor"'~unity to voice our opinion. The currently
proposed changes will mostly e~ect Delray Shores residential hc, mes.
FACT: Our City's growth increased tra.~.~ic ~low on Lake ida Road beyond :its
capac i ty.
FACT: This area has horrendous tra~-~ic problems. Lake Ida Road had sixty
accidents "reported~ within t. he last ~:ive years. This does not account
the accidents not reported and later settled between individual drivers.
FACT: The current plan (~905()0 dated 1980-1981) showing a ~ou~ ...... land
reconstruction does not meet the c:ommunity needs.
DSNA suggested sa-Fe and less expensive modi.Fications to the current plan.
(1) add a middle turn-lane west o.~ Rainberry Lake's en'~:rance to
Lawrence Road; and,
(2) Use equal footage from bot. h sides of Lake Ida Road for
reconstructi on.
FACT: Davis Road services four communities (Rainberry Lake, Rainberry Bay,
Sudan and De].ray Shores). A large percentage o'~ the accidents on Lake Ida
Roacl is at this intersection.
A traffic li(~ht should be install at Lake Ida and Davis Road intersection.
We understand the criteria set .~or tra~:fic lights, and a tra.~fic light
c:urrently exis'Ls at the entrance o~: Rainberry Bay. However, we st. ror~ly
suggest you revisit Lake Ida Road, (Congress Avenue to Military Trail) and
study the tra.~fic .Flow, install and synchronize tra.F~:ic lights.
Gerri Hudson, Chairperson
DELRAY SHORES NEIGHBORHOOD ASSOCIATION
CC: ALL City Commiss.~ioners
Commissioner Maude Lee
Cc:,mm:issioner Mary McCarty
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY bfh_NAGER~/~
SUBJECT: AGENDA ITEM # /0~- REGULAR MEETING OF APRIL 15, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 17-97
(ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT
AND INITIAL ZONING FOR PATHWAYS TO RECOVERY, INC.)
DATE: APRIL 11, 1997
Attached is a letter from Michael S. Weiner, Esquire, requesting a
thirty day postponement of the second reading for Ordinance No.
17-97. The Commission has generally approved such a request in
the past.
Since the required advertising has already occurred, the item must
appear on the agenda. If the Commission wishes to grant Mr.
Weiner's request, the appropriate action is to continue the
quasi-judicial public hearing on Ordinance No. 17-97 to the date
certain of May 20, 1997.
Recommend Commission discretion.
ref:agmemoll
WEINER, MORICI, & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
OF COUNSEL: Telephone: (561) 265-2666
Telecopier: (561) 272-6831
ROBERT MARC SCHWARTZ, P.A.
RoNda Bar Board Certified
Real Estate Lawyer
April 9, 1997
VIA HAND DELIVERY
Ms. Diane Dominguez
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Pathways to Recovery, Inc.
Item: Future Land Use Map Amendment from County MR-5 to City Medium Density
Residential 5-12 Units / Acre and Annexation with Initial Zoning of RM
Our File No.: BOMA002
Dear Diane:
On behalf of my client, Pathways to Recovery, Inc., we would like to request a thirty (30) day
postponement of the second reading of the above-captioned matter. My client is requesting this time
in order to receive additional input fi.om interested parties. We would hope that you would have an
opportunity to contact the parties who may have given you written comments in advance of the
meeting to tell them of the postponement.
fffor son3e reason this request cannot be granted, would you please contact me.
Very~you~,
lVlJc~hael S. Wein~r
MSW/en
Mr. Alan Bombart
ORDINANCE NO. 17-97
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 ON THE EAST
SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH
OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING 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, Pathways to Recovery, Inc. is the fee-simple owner
of a 3.58 acre parcel of land located on the east side of Barwick
Road, approximately 250 feet north of Sabal Lakes Road; and
WHEREAS, Kilday & Associates, as duly authorized agent for
the fee-simple owner 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 MR-5 (Medium
Density Residential - 5 dwelling units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM)
designation for the subject property in the City of Delray Beach,
Florida, is Medium Density Residential 5-12 dwelling 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 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 March 17, 1997, and voted 3 to 2 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:
The North 521.00 feet of the South 771.00 feet of
the West One-Quarter (W 1/4) of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter
(NE 1/4) of Section 12, Township 46 South, Range 42
East, Palm Beach County, Florida, less the West
40.00 feet for road right-of-way, more particularly
described as follows:
Commencing at the Southwest corner of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter
(NE 1/4) of Section 12, Township 46 South, Range 42
East; thence run North 0 degrees 00'00" East, along
the West line of said NW 1/4, NE 1/4, a distance of
250.13 feet to a point on said West line, also being
the center line of Barwick Road (80' road
right-of-way); thence run South 88 degrees 10'24"
East, a distance of 40 feet to a point on the east
right-of-way line of Barwick Road and the Point of
Beginning; thence continue along the last described
course, a distance of 295.82 feet to a point on the
east line of the West One-Quarter (w 1/4) of the NW
1/4, NE 1/4 of said Section 12; thence run North 0
degrees 04'35" East along said East line, a distance
of 521.24 feet to a point; thence run North 88
degrees 10'25" West, a distance of 296.52 feet to a
point on the East right-of-way line of Barwick Road;
thence run South 0 degrees 00'00" West along said
East right-of-way line, a distance of 521.26 feet to
the Point of Beginning.
- 2 - Ord. No. 17-97
The subject property is located on the east side of
Barwick Road, approximately 250 feet north of Sabal
Lakes Road; containing 3.58 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 Medium Density
Residential 5-12 dwelling 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. 17-97
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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 17-97
CANAL L-50
~1N£ 1R£E DRIVe:
SUNRISE[ BOULIr VA, RO
"~ L A K E 5
I
155 ROAD SOUTH SABAL
SEA GRAPE[ CIRCLE
orr CANAL L-31
· LAKE IDA ROAD
N
~ PATHWAYS TO RECOVERY
PLANNING; OIrPARTMEN T
CITY O~' DELRAY BEACH. FL
-- DIGll'A~. ~ASE A~.4,o Sr'~t'g'M -- MAP REF: LM154
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
ND ZONING
^. cos, , o
/S/EN~OR P~NNER
SUBJECT: MEETING OF APRIL 1, 1997
ANNE~TION. SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUN~ MR-5 (MEDIUM DENSI~
RESIDENTIAL - 5 DUIAC) TO Cl~ MEDIUM DEN~I~
RESIDENTIAL 5-12 DUIAC. AND INITIAL ZONING OF RM
(MEDIUM DENSI~ RESIDENTIAL) FOR A PARCEL OF LAND
LOCATED ON THE EAST SIDE OF BARWICK ROAD,
APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD
(PATHWAYS TO RECOVERY. INC.),
The action requested of the City Commission is that of approval on
first reading of an ordinance annexing a 3.58 acre parcel of land,
changing the Future Land Use Map designation from County MR-5
to City Medium Density Residential 5-12 units per acre, and
applying an initial zoning designation of RM (Medium Density
Residential).
The subject property is located on the east side of Barwick Road,
approximately 250 north of Sabal Lakes Road.
The 3.58 acre parcel is located within the City's Planning Area (Future
Annexation Area) and is seeking voluntary annexation at this time.
The parcel has a County Future Land Use Map designation of MR-5 (Medium
Density Residential - 5 units per acre) and County zoning of RH (High Density
Residential). The proposal is to annex the property into the City, change the
City Commission Documentation
Meeting of April 1, 1997
Annexation, Small-Scale FLUM Amendment with initial zoning of RM
Page 2
Future Land Use Map designation to City Medium Density Residential 5-12
du/ac, and apply an initial zoning designation of RM (Medium Density
Residential). The property contains an existing 5,950 sq.ft, alcohol and drug
abuse treatment facility with 5 asphalt parking spaces on the north side of the
property and a 7-space shellrock parking area and a sod parking area on the
south side of the property. The existing facility is approved by the Florida
Department of Children and Families for:
I;I Level 1 Residential Treatment
Q Level II Residential Treatment - 20 beds
Q Day/Night Treatment for Substance Abuse Clients
The requests do not involve any modifications to the site, additional floor area or
increase in number of beds. The applicant desires to continue to operate the
existing facility with no intensification of the use. At a later time, redevelopment
of the site will occur with uses consistent with the RM zone district. Additional
background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
At its meeting of March 17, 1997, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was public testimony
from County residents (Golf Club Estates subdivision) requesting a density lower
than the 8 units per acre recommended by staff. After reviewing the staff report
and discussing the proposal, the Board voted 3-2 (Schmidt and Carbone
dissenting; Schwartz and McCarthy absent) to recommend that the requests be
approved with an initial zoning of RM-8 (Medium Density Residential - 8 du/ac),
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).
By motion, approve on first reading the ordinance for Annexation, the FLUM
amendment from County MR-5 to City Medium Density Residential 5-12 units per
acre, with an initial zoning designation of RM-8 (Medium Density Residential - 8
du/ac), 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), and setting a public hearing date of April 15,
1997.
Attachments:
I~ P & Z Staff Report and Documentation of March 17, 1997
Q Ordinance by Others
Lun!palAl /q!O ol uo!~,eu~!sap de~ aSl~ pue9 aJn~n:l aqi al~ueqo ',~]!O aq] o]u!
~ado]d aq] xauue o] si lesodo]d aql '(lel]uaplsa~ X]!suaQ q~lH) H~ jo ~uluoz
~unoo pue (a~oe Jad si!un ~ - lelluap!sa~ ~lsuaQ ~n!pa~) ~-~ jo uo!leu~!sap
de~ 9s~ pueq a~nlnj ~unoo e ~u!Aeq lao]ed e]oe 89'g e s! ~ado]d ]oa[qns ~ql
'uo!~oe
Joj pJeo~ aq3 eJojaq ~ou aJe pue 'pa~!~qns a~a~ 6u!uoz le!3!u~ pue 3uampuame
de~ asr pueq aJninj 'uo~iexauue Joj slsanbm 'Z66~ '~ ~emqaj uo 'OUl
'~aAOOa~ o3 sXe~q3ed Aq paldnooo pue paseqo~nd se~ ~ado~d aqi '066~ Ul
· SleUOlSSajoJd I~pa~ pue q3leaq leluam Joj
uo~iellnsuoo aql ~o luama6Jelua pue 6u~pl~nq ao~o ue papnloul uolsuedxa
'0Z-OOO-g 'ON uo~lnlosa~ Xq paylleJ puc g~ 'ON uo!~lad ~apun uo~ss~moo
~unoo qoea~ ruled aql Xq paAoJdde se~ asn leuo~l~puoo aql jo uo~suedxa
'0Z6~ '~ ~aqmeAON uo 'le~dsoq o~J3e~qoXsd e pue amoq 3uaosaleAuoo 'amoq
8u!sJnu e ]oj paAoJdde se~ asn leuo~3~puoo (eu~JO aq~ '996C '9 Jaqo3oo uo
· ~ado~d aq3 ~o
apls q3nos aql uo ems 8u~ed pos e pue eaJe 6u~Jed ~OO~llaqs aoeds-z e pue
~adoJd aq1 ~o apes q~ou aq3 uo saoeds 6u~]ed 3leqdse ~ ql~ ~il~OeJ
asnqe 6nJp pue Ioqoole 'y'bs 0~6'B 6u~3s~xa ue su!eluoo ~adoJd aql 'a~i s~ql
3e uo~lexauue ~e3unloA ~ul~aas s~ puc (eaJv uo~exauuv mn3nj) emV ~u~uueld
s,~lO aqi ulqi~ pa~eool osle s! ~adoJd aql 'uo~3eu~lsap 6u~uoz (le~3uap!sa~
X3~suaQ qBlH) H~ ue seq pue ~unoo qoeaS ruled pa3e~o~ooulun u~ pa3~Ol
AI3Ua~]no s~ 'puel jo Slamed paaeldun o~ ~o s3sisuoo ~adoJd 3oa[qns
'SgJO~
~B'g su!eluoo pus 'peo~ sa~e3 ieqes jo q~ou 09~ Xla~e~]xoJdde -
'peo~ ~o!~eS jo ap!s ~sea aql uo pa~eOOl s~ ~ado~d ~oa[qns
· uo~l~lad slql jo 6u~ssa~oJd aql
smnp~oJd pue saln] ap~AoJd (~) pue (O) '(V) ~'~'~ suo!~oa9
· OUl '~eAooa~ o~ sAe~q~ed Joj (le~uap~sa~ ~sua~ ~n~pa~)
-~ ~unoo ~oJ~ lua~pua~e de~ asr puc3 aJnlnj al~S-Ile~9 e
pue '(~O'~Z~ aln~elS ePpOlJ ol luens]nd) uo~lexauuv ~elunloA e
uo uo~lepua~oom e 6u~e~ jo leql si p]eos aql a]ojaq ~al~
'V'^
· peo~:i ~lO!MJe8 pue
~-~[~]~ peo~:l sa~e-I leq~s Jo uo,loasJalu,
aql le u~e~ JaVas .8 6ul~xa
o v o ~ y o ~ 3 ~ v ~ eql jo uo~sue~e e!~ elqel~eAY ............................ eo~eS Je~e~
· peo~ qo~e8 pue peoa
leqes jo uo~e~alu~ eql le u~em
~ava .g ue Jo uo~sua~a e~A alqel~e*v ............................. oodles dOle~
's~l~es
X1!O u!elqo ol ~ jo 5u!uoz le~l~u!
ql~ uo}lexauuv 'Dulls~xa se atues .................... esr pue3 pesodo]d
'Su~d~spuel
pue 8u!~ed pale~Oo~e
qi~ Xl~UoeJ luam~eaJ1 asnqe
5mp pue IOq~le 'g'~ 0g6'g V ...................... es~ pueq
~V Xlunoo :lSe~
~V Xlunoo :~nos
(se~l}lPea Xl~unmmoo) ~O Xl~O 3se~
(le~1uap~saa
~l~me3 el5U~S) S~ Xlunoo :U~ON ................ 8u~uoz lUeoerpv
(le~luap~sa~ Xi~suaQ mn~paN) ~ ................. 5u~uoz ~1~ pesodoJd
(le~luap~sa~
~l~suaQ qS~H) Ha ~unoo ............... ~u~uoz ~lunoo ~u}lst~
aJOe/s1~un g L~
le}luap}se~ Xl~SUaa mn~ .........................uo~leuS~saQ
esr pue3 ednln~ ~O pesodoJd
(aJOe~l~un g - lelluap~sa~
~l~sueQ mn~pe~) S-~ ~lunoo ................ UO~leUO~SeQ de~
pueq eJnln~ ~lunoo 8U~lS~
s~ ~as sa Joy gg'g .............................. GZ~S ~9doJd
~ 'peo~
J ~ ~" ~'l leqe9 jo qpou ,Og~
[ J ~ I I j J 'p.o~ Zo~.8 jo apes ls.~ ..................................... uo~lmo~
~o~ J I I I I I I
~av~,~.~ '~ePI~N 'r ueJa~ .......................................... lueSv
~ ~,~a I I J J J J J 'OUl '~aAooa~ols~eMqled ......................... lu~liddv/JeuMo
~'111111
:v~va q~agNg~
· v-~ '~l
---l~lOd:iB -IdYlS--- H:S)¥::IB 2~¥~-!:::!0 dO 2~llO
)NINOZ aNY NINN -Id
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 2
Density Residential 5-12 du/ac, and apply an initial zoning designation of RM
(Medium Density Residential). The existing property contains an existing 5,950
sq.ft, alcohol and drug abuse treatment facility. The existing facility is approved
by the Florida Department of Children and Families for:
El Level 1 Residential Treatment
El Level II Residential Treatment - 20 beds
El Day/Night Treatment for Substance Abuse Clients
The requests do not involve any modifications to the site, additional floor area or
increase in number of beds.
Current Land Use Designations: The current County Future Land Use Map
designation for the property is County MR-5 (Medium Density Residential - 5
du/ac). The current City "advisory" designation for this property is Medium
Density Residential 5-12 du/ac.
Requested Land Use Designation: The requested Future Land Use Map
change is to City Medium Density Residential 5-12 du/ac.
Florida Statutes '163.3'187 - Small Scale Land Use Map Amendments;
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
local government comprehensive land use 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,
E! 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.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 3
The Future Land Use Map amendment involves a 3.58 acre area, thus the total
area is less than the 10 acre maximum. The proposed amendment to Medium
Density Residential 5-12 du/ac is being processed concurrently with a request for
'annexation and initial zoning of RM (Medium Density Residential) to
accommodate the existing alcohol and drug abuse treatment facility as an
approved conditional use. The Medium Density Residential land use designation
is consistent with zoning districts which include single family, and Iow and
medium density multiple family developments. 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,
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 or
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, the zoning designation must be consistent
with the land use designation as shown on the Future Land Use Map.
The accompanying annexation and initial zoning application is seeking a RM
(Medium Density Residential) zoning district. The proposed RM zoning
designation is deemed consistent with the proposed Medium Density Residential
5-12 du/ac Future Land Use Map designation. The existing use (alcohol and
drug abuse treatrhent facility) is allowed as a conditional use within the RM
zoning district. Based upon the above consistency with the Future Land Use
Map can be made.
Consistency between the City_ and County_ Land Use Designations:
The City's 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. The proposed City Future Land Use Map designation for the
property is Medium Density Residential-12 du/ac, which is the current "advisory"
designation. The City's Medium Density Residential designation is consistent
with the existing County designation of MR-5 (Medium Density Residential - 5
units per acre). Upon annexation, only the City's FLUM designation will apply.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 4
Adjacent Land Use Map Designations. Zoning Designations & Land Uses:
North; North of the subject property has a Palm Beach County Future Land Use
Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned
RS (Single Family Residential). The existing use is a single family residence.
South: South of the subject property has a Palm Beach County Future Land Use
Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned
AR (Agricultural Residential). The existing use is a single family residence.
East: The abutting property to the east has a City Future Land Use Map
designation of Community Facilities - School and is zoned CF (Community
Facilities). The existing use of the property is Banyan Creek Elementary School.
West: West of the subject property has a Palm Beach County Future Land Use
Map designation of MR-5 and is zoned AR (Agricultural Residential). The
existing use of the property is Golf Club Estates single family subdivision.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac Future Land Use
Map designation, residential zoning districts which accommodate single family,
and Iow and medium density multiple family developments are allowed (R-1-A
thru R-l-AAA, RL, PRD, and RM). In addition, zoning designations of
Community Facilities, Open Space, and Open Space and Recreation are also
deemed consistent. The applicant has requested an initial zoning designation of
RM (Medium Density Residential) which is consistent with the proposed land use
designation.
Land Use CQmpatibilitY;
As described in the Future Land Use Element of the Comprehensive Plan, the
proposed Medium Density Residential 5-12 du/ac land use designation is applied
to land which is developed, or is to be developed at a density between 5 and 12
units per acre. Such land is usually developed in planned communities or exists
in older areas where there are duplexes and condominiums. Homeownership is
characteristic of this designation. Where this designation exists, uses other than
those which are residential in character shall not be considered. While the
existing use is not technically Iow or medium density residential, it is residential
in character and impact. Compatibility of the existing use (alcohol and drug
abuse treatment facility) with the abutting residences is not a concern as the use
has co-existed with the surrounding properties for many years.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc, - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 5
While the existing use of the property is not a concern, the higher density range
of the Medium Density Residential FLUM designation allowing 5-12 units per
acre and the density's compatibility with the adjacent residential developments is
a concern. The adjacent properties to the north and south contain single family
homes which are developed at approximately 1 unit per acre. The single family
subdivisions to the west (Golf Club Estates) and southwest (Barwick Ranch)
contain densities of 3.17 and 2.95 units per acre, respectively. The existing
nursery to the northwest has an "advisory" City FLUM designation of Low
Density Residential which allows a maximum of 5 units per acre. Approximately
250 feet to the south is the Sabal Lakes planned residential development with
single family components developed at less than 4 units per acre. However, the
vacant multi-family component of the PRD, adjacent to Barwick Road, allows a
density of 7.46 units per acre.
Any future development of the property should be consistent with the densities of
the surrounding residential developments. The current development potential of
the property under the County's land use designation (MR-5) is 17 units or 5
units per acre. The maximum density allowed under the proposed City MDR
land use designation is 12 units per acre or 42 units (3.58 ac X 12 u/a). As the
proposed City RM zoning has a range of 6-12 units per acre, it is appropriate to
limit the upward range in density to a density similar to the maximum allowed
with the Sabal Lakes multiple family component which is 8 units per acre. To be
consistent with adjacent properties, future development with a density of 8 or
less units per acre should be allowed. This maximum can be assured through
the designation of a 8 units per acre suffix which would allow a total of 28 units.
Site specific compatibility of future development with the adjacent residential
developments will be addressed at the time of site development plan review.
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".
n The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. Annexation of this property results in
the reduction of an existing enclave.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 6
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 No. 6" east of Military Trail, north of Lake Ida Road.
- Annexation of the territory is consistent with Future Land Use Element Policy B-
3.4, which calls for annexation of eligible properties through voluntary
annexations as the opportunities arise.
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 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 4. Zone 4 is bordered by El Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue 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.
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 patrol the abutting school and the single family developments,
250 feet to the south, which are within the City limits.
Fire and Emergency Setwices: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4
(Barwick & Lake Ida Roads). 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 6 minutes of the County_ Fire Department (indian Springs/Military Trail
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 7
& Woolbright Road) to approximately 1.5 minutes for the City's Fire Department
(Fire Station No. 4 at Barwick and Lake Ida Roads).
Water: The existing facility currently obtains water via a well system and
municipal water service does not currently exist to the site. Municipal water
service is available via extension of an 8" water main from the existing 12' main
at the intersection of Barwick and Sabal Lakes Roads, 800 feet north to the
subject property's north property line. Along the main fire hydrants would be
installed every 400 feet, to provide adequate fire suppression for this area.
However, upon annexation, the property will not be required to connect to the
City's water system. Pursuant to the Comprehensive Plan, treatment capacity is
_ available at the City's Water Treatment Plant for the City at build-out.
Sewer: The existing facility utilizes a septic system. Sewer service is not readily
available to the site. Sewer service is available via extension of the existing 8"
sewer main at the intersection of Barwick and Sabal Lakes Roads, 800 feet north
to the subject property's north property line. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water
Treatment Plant for the City at build-out. Upon annexatior~, connection to the
City's sewer system will not be required.
Streets: This property has direct access to Barwick Road, which is under the
jurisdiction of Palm Beach County. The jurisdictional responsibility and the
associated maintenance responsibility will not change upon annexation.
A traffic statement was submitted based upon the existing use of the property as
a 20-bed alcohol and drug abuse treatment facility generating a total of 50 trips
per day. The maximum development potential allowed under the proposed
Medium Density Residential (42 multiple family units) would generate a total of
294 average daily trips, which is a '~vorst case" scenario. As there are no
changes proposed there will be no changes with regard to traffic. However, if in
the future additional floor area or beds are proposed, a traffic study will be
required with a Conditional Use modification application.
Parks and Open Space: The annexation of the property as an alcohol and drug
abuse treatment facility will not create an additional impact on park and
recreational facilities. If the property is developed for residential purposes in the
future, a parks and recreation impact fee of $500 per unit would 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 remain the same, as
described later in this report.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 8
Financial Impacts:
Effect Upon Annexed Property.:
For the 1996 tax year the Pathways of Delray, Inc. had an asseSsed value of
$448,314.00. With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Milla(~e With Annexation
Fire/Rescue MSTU 2.5293 Deleted (County)
Library .4838 Deleted (County)
City Of Delray Beach 6.9500 Added (City)
City of Delray Beach Debt 0.9000 Added (City)
4.8369 Difference*
* Total tax millage in the County is 19.8142 mills while in the City the total
millage rate is 24.6511 mills.
The current yearly ad valorem taxes are $8,882.98. With annexation the yearly
ad valorem taxes would normally be $11,051.43; a tax difference of $2,168.45.
In addition to property taxes, the following is provided with regard to Non Ad
Valorem taxes:
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. It is noted that 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 contains a "nonresidential use",
this assessment would be imposed in the amount of approximately $253.81.
Solid Waste Authority - The Military Trail annexation areas are currently
serviced by BFI (Browning-Ferris Industries) which is also the current City
provider.
Occupational License Fees - As the property contains an alcohol and drug
abuse treatment facility, an occupational license will be required. This license
will be in addition to the current County license fee required for an alcohol and
drug abuse treatment facility of approximately $30 per year. The City license fee
for the facility is $125.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 9
Resulting Impacts to Property Owner:
· ~, .- .. ::::.. :::::::~.;.:~:~.:~::~;:..;::~:~:~:..::.~:>...:<:~:~..'~.-'.:~.:,,~.+,.? <<...;:~:.:::'.,::>,~:.;.~3.:'~.:.::.:::.;::~< ~:~.::.':,,::.~<;.-.:::::....:~.~.>.::::::::::.-.~:::~.::~:~ ~ - ~. .~.~ ~!~-~!:::~:..:..!.~.-....:::...~::'::~:::~.;.~:::;:
~i~i~.~ii.::~:[~!~::~~!~.~.:~:~*~:~.~i.;:.:~;~;..`~.:.<~.`?~.:;~~~;;ii~:~8~:::.: ======================= .:~-:::.-..~.~.:.-:-':~..'~,~<:>;,~.:'<~['~;~.',..?<'~:<~;~:..,'~>: ~'..:::~.,:<.:<.:~<:..>.'-.'.:-:>.~.'-':~-:.:::...:~:-..:...~,?.~¢.>.~.: :<:.,<::.'...'~::.*.:.,
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES $ 2,168.45
(Change from 95/96 County of 19.8142
to City 94/95 rate 24.6511 mills.(4.8369)
NON AD VALOREM
Stormwater Assessment $ 253.81
WATER & SEWER UTILITY FEES * $.00
OCCUPATIONAL LICENSE FEES $125.00
ANNUAL FINANCIAL IMPACT: $2,547.26
· Water and Sewer fees will increase with consumption.
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
6.0 minutes (County) to 1.5 minutes (City)
EMS + Faster response time from (estimated time)
6.0 minutes (County) to 1.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pm-active vs reactive opportunity to work
with property owners
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 10
Fiscal Impacts to the City.: At the 1996 City operating millage rate of 6.95 mills
and debt rate of 0.90 mills, the property will generate approximately $3,519.26 in
new ad valorem taxes per year. With the future development, additional
revenues will be realized through increased assessment value, building permit
and licensing 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. If water and sewer are installed, the associated rate will
be applied which is a minimum $384.00 per year and will increase with
consumption.
The proposed initial City zoning designation is RM (Medium Density Residential)
while the current County zoning designation is RH (High Density Residential).
The surrounding zoning designations are: Palm Beach County RS (Single Family
Residential) to the north; County AR (Agricultural Residential) to the south and
west; and, City CF (Community Facilities) to the east.
RECIUIRED 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:
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 zoning designation is consistent with the proposed Medium
Density Residential 5-12 du/ac land use designation. The proposed RM zoning
designation is deemed consistent with the Medium Density Residential Future
Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(2), within the RM
zone district, the existing alcohol and drug abuse treatment facility is allowed as
a conditional 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.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 11
The proposal involves the annexation of land containing a single family use.
There will be no changes in the manner that water, sewer, drainage,
streets/traffic and solid waste services will be provided. Fire, EMS 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 LA, ND DEVELOPMENT REGULATIONS:
The subject property contains an existing alcohol and drug abuse treatment
facility with associated parking and a miniature golf course. A site visit was
conducted and revealed code violations with regard to perimeter landscaping
and parking on an unimproved (shellrock) surface. These conditions have
- existed for many years and will not be required to be upgraded to current
standards upon annexation. Any future development, however, 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:
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable items were
identified.
Section 3,3.2 (Standards for Rezoning Actions): Standard B and C is 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 stable residential areas shall
be denied.
The property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the south (Sabal Lakes
Subdivision) and southwest (Barwick Ranch) are noted as Stable
residential. The rezoning is required in conjunction with the annexation
request. The proposed RM zoning designation is consistent with the
proposed MDR land use map designation and the existing County RH
zoning and MR-5 land use designations.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 12
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
As previously stated under "Land Use Compatibility", any future
development of the property should be consistent with the densities of the
surrounding residential developments. To be consistent with adjacent
properties, future development with a density of 8 or less units per acre
should be allowed. This maximum can be assured through the
_ designation of a 8 units per acre suffix which would allow a total of 28
units. Site specific compatibility of future development with the adjacent
residential developments will be addressed at the time of site
development plan review.
The initial RM-8 zoning designation will accommodate the existing alcohol
and drug abuse treatment facility as a legally established conditional use.
Compatibility of the proposed use is not a concern as the use is
residential in character and has co-existed with the adjacent properties for
many years.
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;
c) That the requested zoning is of similar intensity as allowed under
the Future Land Use Map and that it is more appropl~iate 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 property owner is desirous of annexation into the City to obtain
enhanced po/ice, fire-rescue, and municipal services. As the property is
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 13
contiguous to the municipal boundaries and the rezoning is consistent
with the City's Comprehensive Plan, we believe the annexation/rezoning
request is both logical and appropriate. No change in use is proposed."
Comment; The justification statement addresses Items "b" and "c" as 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. The requested zoning is of similar intensity as that
allowed under the proposed City Medium Density Residential FLUM designation.
However, the RM-8 zoning is more appropriate given the surrounding residential
densities and-the existing use of the property as an alcohol and drug abuse
treatment facility, which is not allowed in any of the City's other residential zoning
designations (R-1-A thru R-l-AAA, RL, and PRD).
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).
Palm Beach County Notice:
On February 25, 1997 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:
Q Brandon Drive Homeowner's Association El Rainberry Bay
El Chatelaine El Rainberry lake
El Country Manor El RainberryWoods
El Delray Shores I~ President's Council
El Lake Forest South El United Property Owners
El PROD (Progressive Residents of Delray)
El Sabal Lakes II Homeowner's Association
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 14
Public Notice:
Formal public notice has been provided to all 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.
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 of similar intensity as the current County MR-5 land use
designation. It is noted that with the change from County MR-5 to City MDR an
increase of 25 residential units is possible in addition to the 17 units currently
allowed under the County MR-5 land use designation. Given the surrounding
densities, it is recommended that a RM-8 suffix be applied with associated initial
zoning. The application of an initial zoning designation of RM-8 is consistent
with the proposed land use designation and the existing use of the property as
an alcohol and drug abuse treatment facility.
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; stormwater assessment fees and occupational license fees. 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 $3,519.26
a year.
A. Continue with direction.
B. Recommend approval of the Annexation, Small-Scale Future Land Use
Map amendment from County MR-5 to City Medium Density Residential 5-
12 du/ac and initial zoning designation of RM-8 (Medium Density
Residential - 8 du/ac) for Pathways to Recovery, Inc.
C. Recommend approval of the Annexation, Small-Scale Future Land Use
Map amendment from County MR-5 to City Medium Density Residential 5-
12 du/ac and initial zoning designation of RM (Medium Density
Residential) for Pathways to Recovery, Inc.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 15
D Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County MR-5 to City Medium Density Residential 5-12
du/ac and initial zoning designation of RM (Medium Density Residential)
for Pathways to Recovery, Inc., with the basis stated.
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County MR-5 to City Medium Density Residential 5-12 du/ac
and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) for
Pathways to Recovery, Inc., based upon positive findings with respect to LDR
_ Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(5), policies of the Comprehensive
Plan, and the following:
A. That the property is contiguous, reasonably compact and does not create
an enclave; and,
B. That services will be provided to the property in a manner similar to other
properties within the City.
Attachments: Location Map
Survey
This Report prepared by: Jeff Costello. Senior Planner
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /0~- REGULAR MEETING OF APRIL 15, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 18-97
(SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR
PATON/LEVY PROPERTY)
DATE: APRIL 11, 1997
This is before the Commission to consider adoption of an ordinance
to change the Future Land Use Map (FLUM) designation from
Transitional to General Commercial for a 0.50 acre parcel of land
known as the Paton/Levy property. It is located at the northeast
corner of South Federal Highway and Avenue "G". Item 10.D. on the
agenda is related in that it proposes to rezone the subject
property to SAD (Special Activities District).
In October, 1996, the Commission approved similar land use actions
for the Levy property which abuts this site to the north and east.
The purpose of the subject FLUM amendment and rezoning is to
combine the subject property with the Levy property as one
facility for Fronrath vehicle sales, rental and leasing, with no
service component.
The Planning and Zoning Board considered these items at a public
hearing on March 17, 1997, and voted 5 to 0 (Schwartz and McCarthy
absent) to recommend that the Small Scale Future Land Use Map
amendment from Transitional to General Commercial be approved,
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, with a finding that the
potential benefits of the development proposal outweigh the
conflicts with Future Land Use Element Policy A-2.4 of the
Comprehensive Plan.
At first reading on April 1, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 18-97 on second and final
reading as recommended by the Planning and Zoning Board.
ORDINANCE NO. 18-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM
TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF
LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE
G, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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 Transitional; and
WHEREAS, at its meeting of March 17, 1997, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item at a public hearing and voted 5 to 0 to recommend
approval of the small scale FLUM amendment, 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 of General Commercial.
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:
Lots 6, 7, 8, 9 and 10, inclusive, less the west 38
feet of said lots conveyed to the State of Florida
in Deed Book 1103, Page 297, and Lots 11 and 12, all
in Block 24, Del Raton Park and together with the
abandoned 10 foot alley bounded on the east by the
west line of Lot 11 of Block 24; on the west by the
east line of Lots 6-10; on the north by the easterly
extension of the north line of Lot 6; on the south
by the easterly extension of the south line of Lot
10, Block 24 (abandoned by resolution in O.R. Book
4053, Page 744) and together with abandoned 10 foot
alley bounded on the west by Lot 12; on the east by
Lots 16 and 17; on the north by the easterly
extension of the north line of Lot 12; on the south
by the westerly extension line of the south line of
Lot 16 (abandoned by resolution in O.R. Book 4053,
Page 744), all in Block 24, Del Raton Park,
according to the Plat thereof as recorded in Plat
Book 14, Page 9 of the Public Records of Palm Beach
County, Florida.
The subject property is located at the northeast
corner of South Federal Highway and Avenue "G";
containing 0.50 acre, more or less.
Section 2. That the Future Land Use Map designation for
the subject property in the Comprehensive Plan is hereby changed from
Transitional to General Commercial.
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.
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
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163.3187(3), F.So 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 15th day of · April ~ ~ j , 1997.
- Cit~-Cl~rk
First Reading April It 1997
Second Reading April 15, 1997
~ 2 - Ord. No. 18-97
I
DAN BURNS ALLAMANDA DRIVE
MILLER OLDSMOBILE
PARK
ED MORSE
CADILLAC
BANYAN DRIVE
SHERWOOD
PON TIA C
D£LRA Y
:YPRESS
BUCKY DENT'S
BASEBALL SHERWOOD
OS'R GMC TRUCKS
TRoPiC
C MDR
DELRA Y
TOYOTA
AVENUE BAY
MORSE
SA TURN
HYACINTH DRIV~
DUMAR
MOBILE PLAZA EASTVlEW
HOMES VILLAGE
SHER WOOD
HONDA
DELRA Y
SHOPPING TROPIC
.,.~ MOBILE CENTER VIEW DRIVE
N
~ -FUTURE LAND USE MAP AMENDMENT-
PLANNIN(; DEPARTMENT FROM: TRN (TRANSITIONAL) TO: CC (GENERAL COMMERCIAL)
C~TY OF' DELRAY BEACH. FL
-- O/GITAZ BIIEE 1~4P $~'~TEM -- MAP R[£:
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT .OF PLANNING AND ZONING
× ×/
FROM: -~ -
/SENIOR PLANNER
SUBJECT: MEETING OF APRIL 1, 1997
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
TRANSITIONAL TO GENERAL COMMERCIAL. AND REZONING
FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM
(MEDIUM DENSITY RESIDENTIAL) TO SAD (SPECIAL
ACTIVITIES DISTRICT) FOR FRONRATH VEHICLE SALES.
RENTAL AND LEASING FACILITY (PATON PROPERTY).
The action requested of the City Commission is that of approval on
first reading of an ordinance changing the Future Land Use Map
designation from Transitional to General Commercial, and
rezoning from POD (Professional and Office District) and RM
(Medium Density Residential) to SAD (Special Activities District) for
Fronrath vehicle sales, rental and leasing facility (Paton Property).
The subject property is located at the northeast corner of South
Federal Highway and Avenue G, immediately adjacent to the Levy
Property.
Prior to July, 1989, the subject property (Lots 6-10, Lots 11-12, Block 24, Del-
Raton Park) was in unincorporated Palm Beach County. The west portion of the
property contains an asphalt area previously occupied by the Auto Ranch used
car dealership, which vacated the site prior to 1989. The east portion of the site
contains a vacant single family residence.
City Commission Documentation
Meeting of April 1, 1997
Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for Fronrath
Vehicle Sales, Rental and Leasing (Paton Property)
Page 2
At its meeting of October 1, 1996, the City Commission approved a Future Land
Use Map Amendment, Rezoning to SAD (Special Activities District) and an
attendant site plan for the abutting property to the north and east (Levy Property)
establishing vehicle sales, rental and leasing, with no service component.
The purpose of the FLUM amendment and rezoning is to combine the subject
property with the abutting Levy property as one facility, for Fronrath Vehicle
Sales. The SAD will limit the property to the following uses:
I. Vehicle sales, rental and leasing, with no service component.
The associated site development plan includes the following components:
· Demolition of the existing vacant 1,146 sq.ft, single family residence and
removal of an existing chain link fence;
· Construction of a 53-space parking lot consisting of 30 display, 20 bullpen,
and 3 customer parking spaces, including one handicapped accessible
parking space;
· Installation of associated site lighting and landscaping; and
· Reconfiguration of a retaining wall and installation of a 6' high wall along the
east portion of the south property line.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
On March 17, 1997, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. One member of the public spoke in
support of the requests, and another spoke in opposition to the requests. After
reviewing the staff report and discussing the proposal, the Board voted 5-0
(Schwartz and McCarthy absent) to recommend that the requests be approved
with conditions, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the
Land Development Regulations, and the Comprehensive Plan, upon a finding
that the potential benefits of the development proposal outweigh the conflicts
with Future Land Use Element Policy A-2.4 of the Comprehensive Plan.
City Commission Documentation
Meeting of April 1, 1997
Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for Fronrath
Vehicle Sales, Rental and Leasing (Paton Property)
Page 3
By Separate Motions:
A. Approve the request for a Small-Scale Future Land Use Map Amendment
from Transitional to General Commercial for Fronrath Vehicle Sales, Rental
and Leasing Facility based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, and policies
of the Comprehensive Plan, that the potential benefits of the development
proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of
the Comprehensive Plan.
B. Approve the rezoning request from POD and RM to SAD and attendant site
plan for Fronrath Vehicle Sales, Rental and Leasing Facility based upon
positive findings with respect to Chapter 3 (Performance Standards),
Sections 2.4.5(D)(5)(b) and (c) (Rezoning Findings), and Section 2.4.5(F)(5)
(Site Plan Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That the permitted use on the subject property is limited to the following:
· Vehicle parking (employee, customer, display and
bullpen/inventory) to be used in conjunction with the abutting
vehicle sales, rental and leasing facility, with no service component.
2. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6)
(Lighting Restrictions) and a revised photometrics plan submitted;
3. That a non-impacting site plan modification be processed modifying the
approved site plan for the Levy Property to reflect the proposed changes
at the southwest portion of the site;
4. That cross-access, parking and drainage agreements be executed
between Paton/Fronrath and Levy, or a Declaration of Unity of Title
combining the Paton/Fronrath and Levy properties recorded; and,
5. That the south portion of the 10' wide north/south alley along the east
side of Lot 12 be abandoned and incorporated into the overall
development, or the site plan be revised to exclude the alley.
Attachments:
· P & Z Staff Report and Documentation of March 17, 1997
· Ordinance by Others
CONDOMINIUM APARTMENT ASSOCIATION
2801 Florida Blvd. · Delray Beach · Florida 33483
Phone: 272-1094
Hatch 10, 1997
Mr. Jeff Costello
Planning Board, ..
100 N.W. 1st Avenue
Delray Beach, Fl. 33444
Dear Mr. Costello:
Please be advised that the Board of Directors
of the Tropic Bay Condominium Association, 2801 Florida
Blvd. Delray Beach, Fla. 33483, have no objections to
the uSe of the Paten property by the Gary Fronrath
organization.
We understand that this property is to be used
by the Fronrath company for vehicle parking in conneCtion
with their display, ~easing and sales of vehicles,as well
as customer parking.
We further understand that there will be a
"bull pen" area, as well as space for their employees'
parking; and no service facilities will be placed on
this site.
At this time please note that we have requested
and expect a sign to be posted 'at. the south exit of the
Levy property, the egress from'Levy property onto
Avenue G, to read "RIGHT TURN ONLY".
We hope this' information will'help to expedite
this application.
Sincerely yours,
Geraldine T. Wilcox
President,
TROPIC' BAY CONDOMINIUM
APARTMENT ASSOCIATION
cc- Roger G. Saberson, P.A. .
MAR !8 1997
PLANNING & ZONING
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 17, 1997
AGENDA ITEM: V.D.
ITEM: Future Land Use Map Amendment from Transitional to General
Commercial, and Rezoning from POD (Professional and Office District)
and RM (Medium Density Residential) to SAD (Special Activities District)
with an Attendant Site Plan for a Parcel of Land Located at the
Northeast Comer of S. Federal Highway and Avenue G.
GENERAL DATA:
Owner ......................................... George R. Paton (Residuary Trust
under will dated January 8, 1986)
Applicant ..................................... Gary Fronrath, Trustee
Agents ........................................ Roger Saberson & James Johnson
Location ...................................... Northeast comer of S. Federal
Highway and Avenue "G".
Property Size .............................. 0.50 Acre
Existing Future Land Use Map
Designation ................................. Transitional
Proposed Future Land Use Map
Designation ................................. General Commercial
Current Zoning ............................ POD (Professional and Office
District) and RM (Medium Density
Residential)
Proposed Zoning ........................ SAD (Special Activities District)
Adjacent Zoning ................ North: SAD
East: SAD
South: POD and RM
West: AC (Automotive Commercial)
Existing Land Use ....................... Asphalt parking area (formerly Auto
Ranch used car sales) and vacant
single family residence.
Proposed Land Use .................... Demolition of the existing
residential structure and
construction of a 52-space parking
lot with associated site lighting and
landscaping which will be used in
conjunction with the Fronrath
Vehicle Sales, Rental, and Leasing
Facility to be established on the
abutting property (Levy Property).
Water Service ............................. Water service is available via a
service lateral connection to an 12'
water main within Federal Highway
or the 8' main at the east end of
Avenue G.
Sewer Service ......... . ................... Sewer service is available via a
service lateral connection to the 8"
main at the east end of Avenue G.
D~LRA Y
CEN
The action before the Board is that of making a recommendation
on a Small-Scale Future Land Use Map Amendment from
Transitional to General Commercial and rezoning from POD
(Professional and Office District) and RM (Medium Density
Residential) to SAD (Special Activities District) with an attendant
site plan for Fronrath Sales, Rental and Leasing Facility,
pursuant to Section 2.4.5(D).
The subject property is located at the northeast corner of South
Federal Highway and Avenue G.
- Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section
2.2.2(E), the Local Planning Agency (P & Z Board) shall review and
make recommendations to the City Commission with respect to the
rezoning of any property within the City.
Prior to July, 1989, the subject property (Lots 6-10, Lots 11-12, Block 24, Del-
Raton Park) was in unincorporated Palm Beach County. The west portion of the
property was occupied by the Auto Ranch used car dealership, which vacated
the site prior to 1989, and the east portion of the site contains a vacant single
family residence. During the Enclave annexations, the Planning and Zoning
Board recommended approval of the annexation and initial zoning for the
property as part of Enclave 50 on June 19, 1989. At that time an alternative
zoning for Lots 6-10 of either GC (General Commercial) or SC (Specialized
Commercial) was presented. The SC alternative was advertised in anticipation
of the property owner requesting to retain the potential for auto related uses.
At the time the property was unoccupied and a staff recommendation for GC
was put forth, which was consistent with the then Commercial land use
designation. Subsequently, on July 25, 1989, the subject property was annexed
into the City with the GC zoning designation, in part (Lots 6-10), and RM
(Medium to Medium High Density Dwelling) zoning designation, in part (Lots 11-
12, and abandoned alley), as part of the annexations conducted via the Enclave
Act (via Ordinance No. 38-89).
With the adoption of a new Citywide Future Land Use Map on November 28,
1989, the Transitional land use designation was affixed to the subject property
(Lots 6-10, Lots 11-12, and abandoned alleys). Thus, the GC zoning on Lots 6-
10 then became inconsistent with the underlying Transitional Future Land Use
Map designation. In October 1990, Citywide rezonings were implemented to
obtain consistency between the Zoning and Future Land Use Maps. At that
time, Lots 6-10 were rezoned from GC to PC (Planned Commercial) along with
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility ~ FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 2
other commercial properties abutting Federal Highway, directly to the south and
north, while the balance of the property remained zoned RM. However, the PC
zoning designation was inconsistent with the Transitional land use designation.
In February 1991, as part of the City's annual Comprehensive Plan Amendment
91-1, the owner of the adjacent property to the north (Mr. Levy, Lot 1-5) sought a
land use change from Transitional to General Commercial. On April 22, 1991,
the Planning and Zoning Board recommended approval of the Future Land Use
Map amendment from Transitional to General Commercial. However, on April
30, 1991, the City Commission denied the request. On July 9, 1991, the City
Commission initiated a zoning change for Lots 1-5 from PC to POD
- (Professional and Office District) or another zoning designation consistent with
the Transitional land use designation. The rezoning also included Lots 6-10,
Block 24 (Paton property), which were previously utilized by the Auto Ranch
dealership, and Lots 1-12 and Lots 26 and 27, Block 25 (Colombi property),
which contained commercial uses (i.e. insurance office, limousine service,
pool/spa/diving supply retail use).
At its meeting of August 19, 1991, the Planning and Zoning Board
recommended denial of the rezoning from PC to POD, as the Board felt it was
more appropriate to amend the Future Land Use Map to General Commercial
and increase the depth of the commercial properties to allow for a well-planned
commercial development. On September 10, 1991, the City Commission
approved the rezoning from PC to POD.
On October 5, 1992, Barbara and Stanley Levy, owners of the property to the
north (Lots 1-5) filed suit in the Circuit Court of Palm Beach .County against the
City of Delray Beach to have the property rezoned' for an auto related use. In
order to avoid a trial, the two parties entered into an agreement. On May 14,
1996, a Settlement Agreement between Barbara and Stanley Levy and the City
of Delray Beach was executed which stated that the applicant will seek approval
to establish either (I) vehicle sales, rental and leasing, with no service
component; or (11) a vehicle wash establishment and detailing, with no two uses
being conducted at any one time. The City agreed to process a Future Land
Use Map Amendment and Rezoning to SAD (Special Activities District) with an
attendant site plan. At its meeting of October 1, 1996, the City Commission
approved the associated requests.
On February 7, 1997, a request for a Future Land Use Map amendment from
Transitional to General Commercial, and rezoning from POD and RM to SAD
(Special Activities District) with an attendant site plan were submitted to establish
a motor vehicle sales, rental and leasing facility on the subject property and are
now before the Board for action.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 3
The proposal is to change the Future Land Use Map designation from
Transitional to General Commercial and rezone the property from POD
(Professional and Office District) and RM (Medium Density Residential) to SAD
(Special Activities District). The proposed permitted use to be conducted on the
subject property, and the associated restrictions is as follows:
I. Vehicle sales, rental and leasing, with no service component.
This development proposal consists of the following:
[3 Demolition of the existing vacant 1,146 sq.ff, single family residence and
removal of an existing chain link fence;
El Construction of a 52-space parking lot consisting of 29 display, 20 bullpen,
and 3 customer parking spaces, including one handicapped accessible
parking space;
[3 Installation of associated site lighting and landscaping; and
El Reconfiguration of the retaining wall and installation of a 6' high wall alo_ng
the east portion of the south property line.
The proposal involves a waiver request regarding the right-of-way dedication
[LDR Section 5.1.3(D)(2)].
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 plan amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
El 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,
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 4
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 land use map amendment involves 0.5 acres, 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, 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 or within the last year.
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.
l.and 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
suits the community's future development, the following shall be adhered
to:
Auto related uses shall not be permitted in the CBD Zone District or
within the geographic area along Federal Highway which extends four
blocks north and three blocks south of Atlantic Avenue.
Automobile dealerships may locate and/or expand west of Federal
Highway, or between the one-way pair system (except as restricted
above). Automobile dealerships may locate and/or expand east of
Federal Highway, only north of N.E. 6th Street, except within the area
lying east of Federal Highway north of N.E. 8th Street, or parcels
fronting on N.E. 8th Street (George Bush Boulevard), and south of the
north border of the Flea Market property. Within such excluded area,
automobile dealerships may not locate or expand. New dealerships
shall not locate nor shall existing dealerships expand south of N.E. 6th
Street provided however, that automobile dealerships south of N.E. 6th
Street may expand onto adjacent property which is currently in an auto
related use and which is zoned to allow such use.
Auto related uses which involve the servicing and repair of vehicles,
other than as a part of a full service dealership, shall be directed to
industrial/commerce areas.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 5
The development proposal is inconsistent with this policy, as the subject property
is located east of Federal Highway, south of N.E. 6th Street, and is the
establishment of a vehicle sales, rentals and leasing, on property which is not
currently zoned for auto use. 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. Rezoning of the property to accommodate an auto
related use, which was the previous use of the property, will provide for the re-
occupation of and significant upgrades to a blighted property which has been in
_ disrepair for many years. The use is limited to sale, rental and leasing only,
therefore, the impacts will be less than that of a full service dealership. As with
the abutting property to the north and east, it is appropriate for the Board to
make a determination that the positive aspects of the proposal outweigh the
negative impacts, and that the overall development proposal is consistent with
the Comprehensive Plan.
Future Land Use Element Ob_iective 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 conditions, is
complementary to adjacent land uses, and fulfills remaining land use
needs.
There are no special physical or environmental characteristics of the land that
would be negatively impacted by the proposed use. The property has been
disturbed and is developed with an asphalt parking area on the west side of the
site and a vacant 1,146 sq.ff, single family residence on the east side of the site.
The proposed zoning of SAD is very specific with regard to the use that may be
conducted on the property. The proposed SAD zoning and its potential use of
vehicle sales, rental and leasing, with no service component will be
complementary with the surrounding commercial properties, and can be
developed in a manner that should not adversely impact the residential
properties to the southeast. The entire site is to be upgraded to meet current
development standards, thus the proposal will fulfill the City's need to eliminate
blight on properties.
FutUre Land Use Element Policy A-'I.6 - To encourage redevelopment of the
City's Central Business District, Future Land Use Map amendments to
Commercial designations in outlying areas of the City's Planning Area,
shall not be considered.
This Policy was intended to prevent large-scale planned commercial
developments such as shopping centers, which could house major retail tenants
that would compete with the downtown. The FLUM amendment is for a parcel of
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment fTom Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 6
land which is a half an acre in size and cannot support a large retail
development. The amendment is to accommodate an auto related use which is
not permitted within nor will it compete with the redevelopment efforts in the
City's Central Business District. Based upon the above, the proposal is
consistent with this Policy.
Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall
be limited and/or restricted in stable residential areas.
Based upon the proposed parking layout, access to the site will be taken from
the driveway located on Federal Highway and secondary access to this parcel
_ has not been provided. The property is to be incorporated into the abutting
vehicle sales, rental and leasing facility to the north and east. The overall facility
has a secondary access point on Avenue G which provides access to the stable
residential area east of the subject property and intersects with Federal Highway,
a commercial corridor to the west. This access point was previously discussed
with the rezoning to SAD for the Levy Property, at which time a positive finding
was made with respect to this Policy that as .the majority of the traffic associated
with the commercial use, will enter and exit the site from Federal Highway, there
should be minimal traffic impacts on the stable residential area to the east.
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 General Commercial land use designation will allow the following
zoning classifications: GC (General Commercial), PC (Planned Commercial), AC
(Automotive Commercial), NC (Neighborhood Commercial), POC (Planned
Office Center), POD (Professional and Office District), RT (Resort Tourism), CF
(Community Facilities), OS (Open Space), OSR (Open Space and Recreation),
and SAD (Special Activities District).
In conjunction with the Future Land Use Map amendment to General
Commercial, a rezoning to SAD (Special Activities District) is being sought. The
FLUM amendment to General Commercial and rezoning to SAD are being
processed concurrently to facilitate the establishment of a vehicle sales, rental
and leasing facility, with no service component, on the subject property.
Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with
any land use designation on the Future Land Use Map, including the proposed
General Commercial designation. Further, the uses allowed within a specific
SAD shall be consistent with the land use category shown on the Future Land
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 7
Use Map. The proposed use: vehicle sales, rental and leasing, with no service
component is consistent with the proposed General Commercial land use
designation. Based upon the above, a positive finding can be made with respect
to consistency with the Future Land Use Map designation.
Adjacent .Land Use Map Designations. Zoning Designations & Land Uses:
North and f~est: North of the property has a Future Land Use Map designation
of General Commercial and is zoned SAD (Special Activities District). The
property is being developed to accommodate a vehicle sales, rental and leasing
facility with no service component, which is currently under construction.
South: South of the property has a Transitional Land Use Map designation and
is zoned POD (Professional and Office District) and RM (Medium Density
Residential). The existing use of the commercial property (POD) is Florida No-
Fault Insurance and Art of Africa. The residentially zoned property (RM) is
vacant.
West: West of the property, across Federal Highway, has a Future Land Use
Map designation of General Commercial and is zoned AC (Automotive
Commercial). The existing uses are J.D. Byrider used car sales, and a
commercial building containing an auto security business and two vacant bays;
Allowable Land Uses;
Under the current Transitional FLUM designation, office and neighborhood
commercial developments (POC, POD, RO, and NC) are allowed as well as
residential zoning districts which accommodate single family and multiple family
units (R-1-A thru R-l-AAA, RL, PRD, and RM). A portion of the property is
currently zoned POD which allows business and professional office uses, and a
portion is zoned RM which accommodates residential uses.
Under the proposed General Commercial FLUM designation, commercial
developments are allowed in the following zoning districts: GC, PC, NC, AC, RT,
POC and POD. The applicant has requested a zoning designation of SAD
(Special Activities District), which is to accommodate vehicle sales, rental and
leasing, with no service component. This use is not considered a high intensity
commercial use such as gasoline stations, convenience stores, and fast food
restaurants. Any requests to provide additional uses, must be processed as a
modification to the SAD ordinance or rezoning to a conventional zoning
designation, thus, requiring a public hearing with final action by the City
Commission.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 8
Land Use CompatibilitY;
As described in the Future Land Use Element of the Comprehensive Plan, the
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
residential use and commercial uses. In other instances, this designation allows
the establishment of uses which are compatible with adjacent residential uses.
The proposed General Commercial Future Land Use Map designation is to be
app#ed to land which is, or should be, developed for general commercial
purposes e.g. retail, office, services.
The Federal Highway corridor is developed with primarily auto related and retail
uses. The adjacent properties to the south have a Transitional Future Land Use
Map designation, are zoned RM (Medium Density Residential) and POD
(Professional and Office District), and contain a commercial building and a
duplex. Compatibility with the adjacent residential property has been addressed
through the proposed site improvements. There is a 6' high wall proposed along
the east end of the south property line to separate the subject property from the
residentially zoned property. Further, where the subject property abuts the
residential properties trees are to be provided every 25' to form a solid tree line.
However, there are concerns with regard to the intensity of lighting adjacent-to
the residential properties. It appears that the lighting within the display and
bullpen parking areas, will exceed the maximum 100 foot-candles which is not
permitted. VVhile the display spaces may have a maximum 100 foot-candles,
they cannot exceed 50 foot-candles after 11:00 p.m. Further, the bullpen
spaces, which abut the residential property, cannot exceed 40 foot-candles at
any time. Thus, the site lighting must be reduced accordingly. A revised
photometrics plan must be submitted which indicates foot-candle points,
including the maximum and minimum foot-candle point, average foot-candle per
minute as well as the maximum foot-candle per minute.
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 development proposal is to install a 52-space parking lot with associated
landscaping and lighting. As no floor area is proposed, the proposal will have an
impact on Concurrency as it relates to drainage only, with no impact on level of
service standards as they relate to water and sewer, streets and traffic, parks
and recreation facilities, and solid waste. However, Concurrency as it relates to
the Future Land Use Map amendment and Rezoning is discussed below.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 9
Water &,Sewer;
Water service currently exists via a service lateral connection to an 12"
water main within Federal Highway or the 8" main at the east end of
Avenue G.
El Adequate fire suppression is provided via an existing fire hydrant at the
southwest corner of the site, adjacent to Federal Highway.
Sewer service is available via a service lateral connection to an 8" main at
the east end of Avenue G.
The maximum development under 'the Transitional Future Land Use Map
designation would be 5,445 sq.ft, of retail generating water and sewer flows of
500 gallons per day [NC (Neighborhood Commercial) zoning]. However, with
development under the current POD office designation a maximum of 6,534
sq.ft, of office would generate flows of 1,300 gallons per day. Under the General
Commercial zoning designation the potential water and sewer flows would be
similar to those that could be generated under the existing Transitional land use
designation. 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.
Drainage:
A drainage plan with drainage calculations has been submitted. The proposal
calls for the construction of a 52-space parking lot with associated landscaping.
Drainage will be retained on site via an exfiltration system as well as a
swale/retention area on the east side of the proposed parking lot. The FLUM
amendment and rezoning will not negatively impact this existing situation. There
are no problems anticipated complying with Lake Worth Drainage District and
South Florida Water Management District requirements, and obtaining a permit.
Traffic:
Under the current Transitional FLUM designation, the maximum development
potential would be 5,445 sq.ff, of retail generating 635 average daily trips [NC
(Neighborhood Commercial) zoning]. However, with development under the
current POD office designation a maximum of 6,534 sq.ff, of office generating
178 average daily trips is possible. Under the proposed General Commercial
land use and zoning designations, the maximum development potential would be
a 3,000 sq.ft, fast food restaurant generating 1,327 tdps. Thus, the FLUM
amendment and rezoning have the potential to create a traffic increase.
However, the current development proposal is to establish a parking area
Planning and Zoning Board Staff Report
Fronrath Sales. Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 10
associated with the abutting auto sales, rental and leasing facility, which will
generate a total of 39 trips. The proposed parking lot will not generate any
additional trips.
parks arld 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:
- Trash generated each year under the proposed General Commercial land use
designation will be equal to or slightly greater than trash generated from the uses
allowed by the applicable zoning districts of the Transitional land use designation
(POC, POD, NC). The development of these properties under the General
Commercial land use designation will not create an adverse impact on this level
of service standard. Under the current proposal to install a parking lot, no trash
will be generated.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.'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.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 11
Section 3.3.2 (Standards for Rezonirtg 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 property currently contains a parking lot on the west side with a
vacant single family residence on the east side. The proposal aggregates
additional land to increase the property's depth and provide for a well-
planned development. VVhile the underlying General Commercial
designation allows for strip commercial zoning, the proposed SAD zoning
is to accommodate an auto related use.
(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 surrounding properties are commercial in character, with the
exception of a duplex to the southeast of the property. North and east of
the property is zoned SAD (Special Activities District) to accommodate a
vehicle sales leasing and rental facility. To the west is zoned AC
(Automotive Commercial). To the south is zoned RM (Medium Density
Residential) and POD (Professional and Office District).
Compatibility with the adjacent residential property has been addressed
through the site development plans. As previously stated under the
Future Land Use Map Analysis of this report, there are regulations in
place for nonresidential uses and vehicle sales adjacent to residentially
zoned properties which require trees every 25 feet along with a wall
between the display parking area and the residential property to mitigate
impacts. However, there are concerns with regard to the intensity of
lighting adjacent to the residential properties.
It appears that the lighting within the display and bullpen parking areas,
will exceed the maximum permitted 100 foot-candles. VVhile the display
spaces may have a maximum 100 foot-candles, they cannot exceed 50
foot-candles after 11:00 p.m. Further, the bullpen spaces, which abut the
residential property, cannot exceed 40 foot-candles at any time. Thus, the
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 12
site lighting must be reduced accordingly. A revised photometrics plan
must be submitted which indicates foot-candle points, including the
maximum and minimum foot-candle point, average foot-candle per minute
as well as the maximum foot-candle per minute.
Section 2.4.5(D)~_5) (Rezoni~lg Filrldinqs):
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:
"All three reasons have applicability to this application and the subject
property. First, the front portion of the property has a prior history of being
used for vehicle sales, rental and leasing and the change of zoning of this
front portion to a category that does not permit this use was in error.
Second, there have been a change in circumstances which make the
requested zoning inappropriate and they include but are not limited to the
following: (I) the zoning of the adjacent Levy property to SAD to the allow
and restore its vehicle sales, rental and leasing use, and (ii) the increase
in automotive and motor vehicle related uses across Federal Highway
from the subject property. Third, the use of the subject property in
accordance with the site plan to be processed in connection with this
application shows a level of use of the property that is similar in intensity
and is more appropriate for the property based upon the circumstances
particular to the site and neighborhood.'
Comment: Items "b" and "c .... are the bases for which the rezoning should be
granted. With regard to Item "a", at the time the City Commission rezoned the
property to POD, the previous auto related use was abandoned for a few years
and the POD was consistent with the underlying Transitional Future Land Use
Map designation. The fact that there are auto related uses to the north, east and
west side of the property has no bearing on the rezoning request. However, as
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 13
outlined in LDR Section 3.3.2(C), where existing strip commercial areas or
zoning occurs 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 rezoning will allow the 0.5 acre property to be incorporated
into the design of the abutting property which is being developed as a vehicle
sales, rental and leasing facility, with no service component.
The applicant has proposed the following language to describe the uses
permitted in this SAD: "vehicle sales, rental and leasing, with no service
component". In order to limit the use of this property to be associated with the
recently approved SAD, so that it cannot in the future become a stand-alone
operation, it is appropriate to limit the allowable uses as follows: "vehicle parking
(employee, customer, display and bullpen/inventory) to be used in conjunction
with the abutting vehicle sales, rental and leasing facility, with no service
component". Under these circumstances, the SAD zoning is more appropriate
as the zoning is site specific and allows greater control of the uses that can be
conducted on the property, as well as the changes that can be made to the site
development plan. Approval of the SAD zoning will result in substantial
upgrades to the site, thus eliminating a blighted situation. The improvements
proposed in conjunction with establishing the SAD zoning will be an inducement
to the area and may encourage redevelopment and development of surrounding
properties. Based upon the above, it is appropriate to establish the SAD zontng
for this property.
COMPLIANCI: WITH LAND DI:¥1:LOPMI:NT RI:GULATIONSl
Items identified in the Land Dovelopment Regulations shall specifically be
addrossod by ~e body t~king final action on ~e sit~ and devolopmont
applicationlrequost. Tho site plan is being pro¢ossed concurrently with a
proposal to rezono the property to SAD (Spocial Activities District) to
a¢commodato auto sales, Ioasing and rontsls, with no repair componont.
Thus, tho proposal is boing reviewed under both tho SAD and AC
(Automotivo Commercial) zono districts, which over is moro mstrictivo.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1) and (2), a minimum setback of 15 feet
shall be established around the perimeter of any property developed
under the SAD designation. Within the front and any side street setback,
a 15 foot setback area shall be a landscape setback area and no
pavement shall be allowed therein except for pedestrian ways and
driveways which provide access to the property and which are generally
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 14
perpendicular to the abutting street. Further, setbacks for all interior
spaces shall be as set forth on the site and development plan.
Technically, the landscape setback along the north and east property is
15'. As this property is being developed and utilized in conjunction with
the adjacent vehicle sales, rental and leasing facility, it is inappropriate to
require the 15' setback within these areas.
Perimeter Landscape Setbacks
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 north
and east sides of the property a 5' wide landscape strip has not been
provided. In order to obtain relief from this requirement, a waiver must be
granted by SPRAB. If the Levy and Paton properties are combined via a
Unity of Title, a waiver will not be necessary.
Special Landscape Setbacks
Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along
Federal Highway, a single frontage lot with a depth between 251' and 300'
requires a 20' landscape setback. As the average depth of the subject
property is 260', a 20' landscape strip is required a~d a 5' wide buffer
currently exists. The proposal is to remove existing asphalt and provide a
20 foot landscape buffer, thus complying with the above requirement.
Right-of-Way Dedication
Pursuant to Section 5.3.1(D)(2), the ultimate right-of-way width for Avenue
G is 60 feet and only 50 feet exists. Thus, a 5 foot right-of-way dedication
is required. However, a reduction in the required right-of-way width may
be granted by the body having approval authority of the associated
development application provided that the reduction is supported by the
City Engineer; that the full dedication would constitute a hardship and all
required improvements will be provided in a manner that will not endanger
public safety; and, that alternative provisions are made to accommodate
those features which would otherwise be accommodated within the right-
of-way.
The applicant has requested that the required right-of-way width for
Avenue G be reduced to 50 feet. The City Engineer has determined that
60 feet of right-of-way is not necessary for this street and that the required
sidewalk can be accommodated within the existing 50 feet of right-of-way.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 15
Sidewalks
Pursuant to LDR Section 6.1.3(B)(1), a 5 foot wide sidewalk is required
along Avenue G. Currently, no sidewalks exist along Avenue G. In
conjunction with the adjacent development, Avenue G is being improved
and a sidewalk is being installed on the portion of that property which
abuts Avenue G. Thus, this property owner is also required to install a
sidewalk along Avenue G, which has been indicated on the plans.
Open Space
The site currently contains minimal open space. Pursuant to LDR Section
4.3.4(K), within the AC zone district 25% of open space is required and
29% has been provided. The proposed landscape plan represents a
substantial improvement to the existing conditions.
Site Lighting
Site lighting was discussed previously in this report. In order to ensure
compatibility with the adjacent residences, the site lighting must be
reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions).
A revised photometrics plan must also be provided.
Section 3.1.1 (C) - Consistency (Standards for Site Plan ACtions); As
described in Appendix B, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Section 2.4.5(F)(5) (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to
provisions of Chapter Three, the approving body must make a finding that
the development of the property pursuant to the site plan will be
harmonious with the adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
As previously stated under the Future Land Use Map Analysis of this report,
there are regulations in place where nonresidential uses are adjacent to
residential development that require trees every 25 feet along with a wall or
hedge to mitigate impacts. This proposal provides trees every 25 feet as well as
a wall and hedge. However, 'there are concerns with regard to the intensity of
lighting adjacent to the residential properties. In order to ensure compatibility
and meet code requirements, the site lighting must be reduced to comply with
LDR Section 4.4.10(G)(6).
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 16
The proposed improvements which include landscaping, parking and building
upgrades will provide the upgrades necessary for a property that has been
neglected for many years. These improvements will enhance rather than
depreciate property values of the adjacent properties.
SAD Site Plan Modification Review and Approval Process:
Substantial changes to an SAD including increases in intensity, change of uses
etc. should continue to be reviewed by both the Planning and Zoning Board and
- the City Commission. However, minor changes to SAD site plans should not.
Therefore, it is recommended that the Board remand any future modifications to
this site plan for this project to the Site Plan Review and Appearance Board
(SPRAB) for approval. In addition, language should be added to the SAD
ordinance specifying that future modifications which are not substantial and do
not deal with intensity or type of uses can be reviewed by SPRAB and processed
as site plan modifications.
Levy Property_ Site Plan Modification
If the rezoning is approved, a non-impacting site plan modification must J3e
processed modifying the approved site plan for the Levy Property to reflect the
proposed changes at the southwest portion of the site.
Cross-Access. Parking and Drainage Agreements
The proposal requires access to the Paton property be taken from the Levy
property. Also, the required parking associated with the Levy Property is located
on the Paton property and the properties drain onto one another. Therefore,
cross-access, parking and drainage agreements must be executed between
Paton and Levy. If the properties are combined via a recorded Declaration of
Unity of Title, execution of the agreements will not be necessary.
Alley Abandonment
The south half of the 10' wide north/south alley which runs along the east side of
Lot 12 (east side of the subject property) has not been abandoned, however, the
site plan indicates the alley as being incorporated into the overall site and
improved as a bullpen parking with a wall installed across the south side of the
alley. In order to incorporate the 10' wide alley within the overall development it
will be necessary to abandon the alley, which has been attached as a condition
of approval.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 17
The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board
If the rezoning is approved, the landscape plan will be reviewed by the Site Plan
Review and Appearance Board.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, courtesy notices were provided to the
following homeowner's and neighborhood associations:
E! Tropic Isle
[3 Tropic Bay
E3 Tropic Harbor
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
The FLUM Amendment, Rezoning to SAD and attendant site plan are being
processed to accommodate a parking area associated with the proposed vehicle
sales, rental and leasing facility on the abutting Levy Property. This proposal is
inconsistent with Future Land Use Element Policy A-2.4 of the Comprehensive
Plan, which states that auto uses shall not be established east of Federal
Highway in this area. A finding of overall consistency can be made provided the
approving body specifically finds that the beneficial aspects of the proposed
project outweighs the negative impacts of the identified points of conflict.
Rezoning of the property to accommodate an auto related use, which was the
previous use of the west portion of the property, will provide for the re-occupation
of and significant upgrades to a blighted property which has been in disrepair for
many years. Further, positive findings can be made with respect to Chapter 3
and Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in
circumstances which makes the existing POD and RM zonings inappropriate.
Positive findings can be made with the Land Development Regulations provided
the conditions of approval are met. The improvements will represent a
significant upgrade to a property that has been in disrepair and should be an
enhancement to the surrounding areas.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 18
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POD
and RM to SAD and attendant site plan for Fronrath Vehicle Sales,
Rental and Leasing Facility 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)(b) and (c), that there has been a change of circumstances
- which makes the current zoning of POD (Professional and Office District)
and RM (Medium Density Residential) inappropriate.
C. Recommend denial of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POD
and RM to SAD and attendant site plan for Fronrath Vehicle Sales,
Rental and Leasing Facility based upon a failure to make positive
findings with respect to Future Land Use Element Policy A-2.4 of the
Comprehensive Plan, regarding the establishment of new auto uses east
of Federal Highway, south of N.E. 6th Street on property which is not
currently zoned for auto use; Chapter 3 (Performance Standards) of t~e
Land Development Regulations; and, LDR Section 2.4.5(D)(5).
By Separate Motions:
A. Recommend to the City Commission approval of the Small-Scale Future
Land Use Map Amendment from Transitional to General Commercial for
Fronrath Vehicle Sales, Rental and Leasing Facility based upon
positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, and policies of the Comprehensive Plan,
that the potential benefits of the development proposal outweigh the
conflicts with Future Land Use Element Policy A-2.4 of the
Comprehensive Plan.
B. Recommend to the City Commission approval of the rezoning request
from POD and RM to SAD and attendant site plan for Fronrath Vehicle
Sales, Rental and Leasing Facility based upon positive findings with
respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5)
(Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the
Land Development Regulations, and policies of the Comprehensive Plan,
subject to the following conditions:
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 19
1. That the permitted use to be conducted on the subject property, and
the associated restrictions is as follows:
Vehicle parking (employee, customer, display and
bullpen/inventory) to be used in conjunction with the abutting
vehicle sales, rental and leasing facility, with no service component.
2. That the site lighting be reduced to comply with LDR Section
4.4.10(G)(6) (Lighting Restrictions) and a revised photometdcs plan
submitted;
_ 3. That a non-impacting site plan modification be processed modifying
the approved site plan for the Levy Property to reflect the proposed
changes at the southwest portion of the site.
4. That cross-access, parking and drainage agreements be executed
between Paton/Fronrath and Levy, or a Declaration of Unity of Title
combining the Paton/Fronrath and Levy properties recorded; and,
5. That the south portion of the 10' wide north/south alley along the east
side of Lot 12 be abandoned and incorporated into the overall
development, or the site plan revised to exclude the alley.
C. Approve a waiver to LDR Section 5.3.1(D)(2) to reduce the required right-
of-way width for Avenue G from 60 feet to 50 feet, thus waiving the
requirement for this property to dedicate 5 additional feet.
Attachments:
El Appendix A
El Future Land Use Map
El Zoning Map
El Site Plan
This Report was prepared by: Jeff Costello. Senior Planrler
A. Building design, landscaping, and lighting (glare) shall be such that
they do not create unwarranted distractions or blockage of visibility
as it pertains to traffic circulation.
Not applicable
Meets intent of standard --
Does not meet intent - This Standard will be met provided the site lighting
illumination is reduced to comply with LDR Section 4.4.10(.G)(6) (.See
discussiorl on Pages 8 and 11).
B. Appropriate separation of travelways is made for vehicles, bicycles,
and pedestrians in a manner consistent with objective D-1 of the
Traffic Element.
Not applicable
Meets intent of standard ~
Does not meet intent
C. Open Space enhancements described in Open Space and Recreati~)n
Objective B-l, are appropriately addressed.
Not applicable
Meets intent of standard ~
Does not meet intent
D. That any street widening associated with the development shall not
be detrimental upon desired character and cohesiveness of affected
residential areas.
Not applicable ~
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent
development regardless of zoning designations.
Not applicable ~
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed in a manner so that the future
use and intensity are appropriate in terms of soil, topographic, and
other applicable physical considerations; complementary to adjacent
land uses; and fulfills remaining land use needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. In order to provide for more balance demographic mix, the
development of "large scale adult oriented communities" on the
remaining vacant land is discouraged. _
Not applicable X
Meets intent of standard
Does not meet intent
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2~IAGER~
SUBJECT: AGENDA ITEM ~ /0~- REGULAR MEETING OF APRIL 15, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 19-97
(REZONING TO SPECIAL ACTIVITIES DISTRICT FOR PATON/LEVY
PROPERTY)
DATE: APRIL 11, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 19-97 which rezones the Paton/Levy property from POD
(Professional and Office District) and RM (Medium Density
Residential) to SAD (Special Activities District). The land is
proposed to be combined with the Levy property as one facility for
Fronrath vehicle sales, rental and leasing, with no service
component.
The Planning and Zoning Board considered this item at a public
hearing on March 17, 1997, and voted 5 to 0 (Schwartz and McCarthy
absent) to recommend that the rezoning to SAD and attendant site plan
be approved based upon positive findings with respect to Chapter 3
(Performance Standards), Sections 2.4.5(D) (5) (b) and (c) (Rezoning
Findings), and Section 2.4.5(F) (5) (Site Plan Findings) of the Land
Development Regulations, and policies of the Comprehensive Plan,
subject to the following conditions:
(1) That the permitted use on the property is limited to vehicle
parking (employee, customer, display and bullpen/inventory) to
be used in conjunction with the abutting vehicle sales, rental
and leasing facility, with no service component;
(2) That the site lighting be reduced to comply with LDR Section
4.4.10(G) (6) (Lighting Restrictions) and a revised photometrics
plan submitted;
(3) That a non-impacting site plan modification be processed to
modify the approved site plan for the Levy property to reflect
the proposed changes at the southwest portion of the site;
(4) That cross-access, parking and drainage agreements be executed
between Paton/Fronrath and Levy, or a Declaration of Unity of
Title combining the two properties be recorded; and
(5) That the south portion of the 10 foot wide north/south alley
along the east side of Lot 12 be abandoned and incorporated into
the overall development, or the site plan be revised to exclude
the alley.
At first reading on April 1, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 19-97 on second and final reading
as recommended by the Planning and Zoning Board.
ref: agmemol5 ~~ ~-O
ORDINANCE NO. 19-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE
DISTRICT) IN PART, AND RM (MEDIUM DENSITY
RESIDENTIAL) IN PART, ENTIRELY INTO AN S.A.D.
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION;
SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF
AVENUE F, EAST OF FEDERAL HIGHWAY (U.S. 1) AND WEST
OF FREDERICK BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is located in
the City of Delray Beach, Florida; and
WHEREAS, a portion of said property (Lots 6-10) was used
for commercial motor vehicle related purposes, including sales,
rental and leasing of motor vehicles; and
WHEREAS, the property owners desire that the property be
rezoned to SAD to allow the following uses, in conjunction with the
abutting Levy Property: vehicle parking for employees, customers,
display, bullpen and inventory; and
WHEREAS, the property owners have filed the appropriate
applications to accomplish the rezoning; and
WHEREAS, pursuant to the City of Delray Beach Land
Development Regulations, the Planning and Zoning Board acting as the
Local Planning Agency on March 17, 1997, held a public hearing on the
rezoning application, and voted 5 in favor and 0 against a
recommendation of approval for the request to the City Commission,
subject to conditions and with a waiver to reduce the required
right-of-way Width; and
WHEREAS, the Planning and Zoning Board has determined and
the City Commission concurs, that the zoning change furthers the
objectives and policies of the City of Delray Beach Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the
S.A.D. (Special Activities District) as defined in Section 4.4.25 of
the Land Development Regulations of the City of Delray Beach, to wit:
Lots 6, 7, 8, 9 and 10, inclusive, less the west 38
feet of said lots conveyed to the State of Florida
in Deed Book 1103, Page 297, and Lots 11 and 12, all
in Block 24, Del Raton Park and together with the
abandoned 10 foot alley bounded on the east by the
west line of Lot 11 of Block 24; on the west by the
east line of Lots 6-10; on the north by the easterly
extension of the north line of Lot 6; on the south
by the easterly extension of the south line of Lot
10, Block 24 (abandoned by resolution in O.R. Book
4053, Page 744) and together with abandoned 10 foot
alley bounded on the west by Lot 12; on the east by
Lots 16 and 17; on the north by the easterly
extension of the north line of Lot 12; on the south
by the westerly extension line of the south line of
Lot 16 (abandoned by resolution in O.R. Book 4053,
Page 744), all in Block 24, Del Raton Park,
according to the Plat thereof as recorded in Plat
Book 14, Page 9 of the Public Records of Palm Beach
County, Florida (hereinafter the "Property").
Section 2. Principal Uses and Structures Permitted: The
following uses are hereby approved as the permitted and principal
uses for the Property pursuant to Section 4.4.25(B) (1) and constitute
the SAD project for purposes of Section 4.4.25(C) (3) of the City of
Delray Beach Land Development Regulations:
(1) vehicle parking for employees, customers, display,
bullpen and inventory to be used only in conjunction with the
abutting Levy property use of vehicle sales, leasing, and rental with
no service component. No independent and separate use of the
Property is being approved in this ordinance.
Section 3. Current and Future Site Plans. The Fronrath
Motor Vehicle Sales, Rental and Leasing site plan (the "Site Plan"),
a copy of which is attached hereto as Exhibit A and incorporated
herein by reference, for the Property is hereby approved subject to
the following conditions and waivers: (1) the site lighting shall be
reduced to comply with LDR Section 4.4.10(G) (6) (Lighting
Restrictions), (2) a non-impacting site plan modification shall be
processed modifying the approved site plan for the Levy property to
reflect the proposed changes at the southwest portion of the Levy
site, (3) agreements to be executed between the owners of the
Property and the Levy property for; (i) access for the Property over
the Levy property as shown on Exhibit A during the time the Property
is used in conjunction with the Levy property for the uses specified
- 2 - Ord. No. 19-97
in this ordinance, (ii) the relocation of handicapped space and ramp
shown on Exhibit A to the Levy property at such time as the Property
is no longer used in conjunction with the Levy property for the uses
specified in this ordinance, and (iii) an existing shared drainage
facility interconnecting the drainage service for Lots 6-10 and Lots
1-5 of Block 24 of Del Raton Park (the foregoing agreements shall be
in form satisfactory to the City Attorney), (4) an abandonment
petition shall be processed with the City to abandon the south
portion of the 10' north/south alley along the east side of Lot 12 or
the Site Plan revised to exclude the alley, and (5) a waiver is
hereby granted to LDR Section 5.3.1(D) (2) to reduce the required
right-of-way width for Avenue G from 60 feet to 50 feet, thus waiving
the requirement for the Property to dedicate 5 additional feet. The
development of and improvements to the Property shall be in
accordance with said approved Site Plan subject to review of
landscaping by the Site Plan Review and Appearance Board ("SPRAB").
The City Commission hereby makes the City's finding of compatibility
required in Section 2.4.5(F) (5) of the Land Development Regulations.
All amendments to the approved Site Plan (except those
amendments which by ordinance may be approved administratively) shall
be subject to review by SPRAB in accordance with the provisions
hereof. If the City hereafter amends the Land Development
Regulations to change the Board that reviews site plan applications
or rezoning applications, the applications which may be submitted in
regard to the Property shall be submitted to the newly designated
Board instead of the Board named herein.
Section 4. Establishment and Vestinq: The "SAD project"
for the purposes of vesting pursuant to Section 4.4.25(C) (3) of the
Land Development Regulations shall include the use as set forth in
Section 2 above. After the effective date of this ordinance, the
Property shall be vested for the SAD project, provided that, within
18 months (or such extended time period as may be approved by the
City) from the date that the approval of the Site Plan becomes final,
improvements representing twenty-five percent (25%) of the total cost
of all improvements to be used in developing the approved Site Plan
have been constructed.
Section 5. Special Requlations: The following establishes
special development regulations specifically for this S.A.D. in
addition to those regulations as otherwise provided in the City's
Land Development Regulations ("LDR").
- 3 - Ord. No. 19-97
A. Special Regulations
1. The design of all signage shall be reviewed and
approved by the Site Plan Review and Appearance
Board ("SPRAB"), provided however, that signs
shall be permitted to be located where shown on
the Site Plan along Avenue G and on the Levy
property along Federal Highway where the existing
sign structure is located.
2. Except as otherwise shown on the Site Plan
attached as Exhibit A, the use of the Property
pursuant to this ordinance shall comply with the
LDR Section 4.4.10(G), "Supplemental District
Regulations", of the AC Zoning District.
3. The approval to use the Property pursuant to this
ordinance is contingent upon the Property having
access through the Levy property as shown on the
Site Plan. If the Property does not have legal
access from the owner of the Levy property to use
said property for access, then the Site Plan
approval for the Property shall terminate until a
modified site plan has been approved by the City
which provides an alternate access.
Section 6. Although the Levy site plan is being modified
by the processing of a non-impacting site plan modification as
required in Section 3 above, nothing in this ordinance shall preclude
the use of the Levy Property as approved in Ordinance 42-96 recorded
in Official Record Book 9498, Page 66 of the Public Records of Palm
Beach County, Florida.
Section 7. That all ordinances or parts of ordinances in
conflict herewith (except Ordinance 42-96) be, and the same are
hereby repealed.
Section 8. 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,
except if Section 6 is declared invalid in whole or in part in which
case this ordinance shall terminate in its entirety.
Section 9. That this ordinance shall become effective
immediately upon passage.
- 4 - Ord. No. 19-97
PASSED ~ ~OPTED in regular session on second and final
reading on this the 15th day of ~ril, 1997.
ATTEST:
.... ~City Cl~k -
First Reading April 1, 1997
Second Reading April 15, 1997
- 5 - Ord. No. 19-97
EXHIBIT
to Ord. No. 19-97
!
/
~ ~g Jam~ A Johnson
'"5~.~<<<1 l~lll OWNER GARY FRONRATH AND HARRY HAMILTON
~~J°~~L'[;.~n~'~%~ 2607 SO FEDERAL HIGHWAY DELRAY BEACH,FLORIDA
DAN BURNS ALLAMANDA DRIVE
MILLER OLDSMOBILE
PARK
ED MORSE
CADILLAC
BANYAN DRIVE
SHER WOOD
PON TIA C
DELRA Y
OSR PALZA CYPRESS
BUCKY DENT'S
SHER WOOD
GMC TRUCKS
TROPIC
CD DELRA Y
TOYOTA
,A-M^T ^VENUE DA Y
MORSE
SA TURN
HYACINTH
DUMAR
MOBILE PLAZA EASTVIEW
HOMES VILLAGE
~OR CLUB
SHERWOOD
HONDA
DELRA Y
SHOPPING TROPIC
VlEW
MOBILE CENTER Drove
HOMES
~ FROM: POD (PROFESSIONAL OFFICE DISTRICT) TO: SAD (SPECIAL ACTIVITIES DISTRICT)
PLANNING DEPARTMENT ~: RM (MEDIUM DENSITY RESIOENTIAL)
CITY Oi:' D[LRAY BI'ACH, FL
-- D/G/ir, Al_ ,~ASE M~P SYS'7~M -- MAP REF: LM155
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~!
21-97 (TELECOMMUNICATION TOWERS AND ANTENNAS)
DATE: APRIL 11, 1997
This is before the Commission for consideration on first reading
and a public hearing of an ordinance which amends the Land
Development Regulations by adopting regulations and requirements
pertaining to the installation, siting and design of
telecommunication towers and antennas. The attached staff report
contains an analysis of the proposed amendments.
The Planning and Zoning Board considered this matter at some
length at both regular and workshop meetings. On March 17, 1997,
the Board held a public hearing on the ordinance and recommended
unanimously that it be approved.
Recommend approval of Ordinance No. 21-97 on first reading. If
passed, a second public hearing will be scheduled for May 6, 1997.
ref:a~memol0
TO: DAVID T. HARDEN
.OM: ,X.O...
DIRECTOR OF PLANNING AND ZiDNING
/
SUBJECT: CITY COMMISSION MEETING OF APRIL 15, '1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs)
ESTABLISHING SPECIFIC REQUIREMENTS FOR THE INSTALLATION
OF TELECOMMUNICATION TOWERS AND ANTENNAS
The action requested of the Commission is the adoption of LDR amendments
pertaining to the installation of telecommunications towers and antennas. The
amendments affect the following sections of the Land Development Regulations: 4.3.3,
Special Requirements for Specific Uses; 4.4.9, Sel3eral Commercial (GC) District;
4.4.13. Central Business District (CBD); 4.4.20, Industrial (I) District; 4.4.21, Community.
Facilities (CF) District; 4.4.26, Light Industrial (LI) District; 4.4.27, Open Space and
Recreation (OSR) District; and Appendix "A", DEFINITIONS.
On February 8, 1996, the 104th Congress of the United States passed the
Telecommunications Act of 1996 (Public Law 104-104). The Act addresses many
topics including telecommunication services, broadcast services, cable services,
regulatory reform, and other miscellaneous provisions. The basic intent of the act was
to encourage and allow competition in the telecommunications industry, in part by
reducing the amount of existing regulations. One result of the act is that local
governments are dealing with numerous requests from new providers to place towers
and antennas throughout their jurisdictions. Few governments, including Delray Beach,
have had ordinances in place to appropriately regulate the placement of these facilities.
Section 704 of the Act addresses local government zoning of towers used for cellular,
PCS (Personal Communications Services) and CMR (Commercial Mobile Radio
City Commission Documentation
LDR Amendment - Telecommunication Towers and Antennas
Page 2
Service) transmitters. The following restrictions apply to any regulation by local
government of telecommunication facilities:
· Local zoning requirements cannot unreasonably discriminate among wireless
telecommunication providers.
· Local zoning requirements cannot prohibit or have the affect of prohibiting the
provision of wireless telecommunication service.
· Municipalities must act on a request to place or construct a wireless
telecommunication facility within a reasonable period of time.
· Any denial must be in writing and supported by reasonable evidence in a written
record before the municipality.
· Municipalities cannot deny requests for tower sites based on health concerns
regarding radio frequency emissions.
As a result of receiving four (4) applications for new telecommunication towers in a
two month period, the City Commission on December 10, 1996, enacted a 90-day
moratorium on the receipt and processing of any new tower applications. This
moratorium was recently extended another 90 days, for a total of six months. The
purpose of the moratorium was to allow staff time to draft new regulations governing the
placement of towers throughout the City. Those regulations have been drafted, and are
now before the City Commission for approval.
Under the City's current regulations,communication facilities and towers are permitted
as a conditional use in the following zoning districts:
· General Commercial (GC)
· Planned Commercial (PC)
· Central Business District (CBD)
· Central Business District--Railroad Corridor (CBD-RC)
· Community Facilities (CF)
· Light Industrial (LI)
· Industrial (I)
There are no specifications provided as to the placement of the towers, the maximum
heights, setbacks, etc. Other than having to make the typical findings associated with a
conditional use, there are no guidelines for determining whether or not a tower is
City Commission Documentation
LDR Amendment - Telecommunication Towers and Antennas
Page 3
appropriate in a particular location. There are no provisions for encouraging the co-
location of different providers on the same towers.
The main goal of the proposed ordinance is to be able to allow the telecommunication
industry to meet the demand for service while minimizing the visual impact of its
facilities, particularly to residential areas. The new ordinance includes regulations that
are designed to:
· Provide a simpler approval process for smaller towers and for antennas that
are concealed on buildings and structures.
· Restrict larger towers to zoning districts and sites that are not near residential
areas.
· Require that all new towers have the capacity for co-location.
· Provide minimum distances between towers and residential zoning districts, and
between existing towers and new towers.
The ordinance distinguishes between antennas that are on towers, and those that are
attached to buildings and structures. Towers are further distinguished in terms of their
type (monopole, lattice, and guyed) and height. Antennas are classified as either
stealth (concealed) or non-stealth (visible). All of these factors determine where the
facilities can be located, and the applicable approval process.
The ordinance allows towers that are up to 64 feet in height to be installed as accessory
structures in the following zoning districts:
· Planned Commercial (PC)
· Planned Commerce Center (PCC)
· Mixed Industrial and Commercial (MIC)
· Light Industrial (LI)
· Industrial (I)
· Community Facilities (CF)
· Open Space and Recreation (OSR)
[NOTE: The basis for the 64' height is that the LDRs currently permit antennas, as well
as radio and television towers, to exceed the height restrictions of the particular zoning
district in which they are located, up to a maximum of 64 feet. Greater height than 64'
requires City Commission approval.]
City Commission Documentation
LDR Amendment - Telecommunication Towers and Antennas
Page 4
The proposed ordinance provides that towers which exceed 64' in height are allowed as
a conditional use in the following zoning districts:
· Planned Commerce Center(PCC)
· Mixed Industrial and Commercial (MIC)
· Light Industrial (LI)
· Industrial (I)
· Community Facilities (CF) - on sites greater than 10 acres in size
· Open Space and Recreation (OSR) - on sites greater than 10 acres in size
In addition, there are four sites in the City that have been identified as being appropriate
locations for telecommunication towers, based on their size, existing use, and central
locations, as well as the opportunities they provide for concealing a tower from
residential areas. On these four locations, towers could be installed as a permitted
accessory use:
· Miller Park
· Municipal Golf Course (Highland Ave.)
· Public Works Complex
· Wastewater Treatment Facility (Congress Ave.)
Numerous development standards and criteria are provided for tower installation. The
height could not exceed 125' unless additional height is needed for colocation or to
meet public safety needs. Towers must be separated by at least 1,000 feet from each
other. Monopole towers must be set back from residential areas by a distance that is
200% of the pole height; lattice and guyed towers must be set back 400% of their
height. Screening requirements are spelled out, and minimum inspection procedures
are established. Provisions are made for the treatment of existing and abandoned
towers, and for the use of City-owned property for telecommunication facilities.
Provisions for co-location are also spelled out in the proposed regulations.
The ordinance provides that stealth antennas attached to buildings and structures are
allowed in almost all zoning districts, excluding the lower density residential zones and
the OS (Open Space) district. Non-stealth antennas are further restricted, and will
require approval by the Site Plan Review and Appearance Board (SPRAB).
All of the above provisions will be contained in one section, 4.3.3 (S),
Telecommunication Towers and Antennas. However, it will also be necessary to
delete existing references to communication towers and facilities from a number of
zoning districts where they are currently listed. In addition, the OSR district contains
language stating that there are no conditional uses permitted. The telecommunication
ordinance proposes to allow towers as conditional uses on OSR-zoned sites greater
City Commission Documentation
LDR Amendment -- Telecommunication Towers and Antennas
Page 5
than 10 acres in size (which will exclude neighborhood parks). In order to be
consistent, the current language in the OSR district regulations regarding the prohibition
against conditional uses should be eliminated.
The Planning and Zoning Board initially considered the LDR amendments at its
meeting on February 24, 1997. They had numerous questions and comments, and
decided to hold a workshop to review the ordinance in detail. The workshop was held
on March 10th, and was attended both by members of the public and the
telecommunications industry. The Board made several modifications, including limiting
the maximum height of towers to 125' (unless additional height is necessary for
colocation or public safety needs), and specifying requirements for line-of-sight
analyses. On March 17, 1997, the Board held a public hearing on the ordinance, and
recommended unanimously that it be approved.
Following the Board's consideration, staff made certain changes to ensure consistency
between the various sections of the ordinance. All of the waiver provisions were
moved to one section, the line of sight analysis requirements were clarified, and
reference was made to the required findings for conditional use approval.
By motion, approve the amendments to the LDRs, adding Section 4.3.3(S),
Telecommunications Towers and Antennas, and amending Sections 4.4.9, General
Commercial (GC) District; 4.4.13. Central Business District (CBD); 4.4.20, Industrial (I)
District; 4.4.21, Community_ Facilities (CF) District; 4.4.26, Light Industrial (LI) District;
4.4.27, O.oen Space and Recreation (OSR) District; and Appendix "A" DEFINITIONS;
as provided in the attached ordinance.
Attachment:
· Ordinance by others
ORDINAlqCE NO. 21-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTIONS
4.4.9(D) (7), 4.4.13(D) (6), 4.4.20(D) (3),
4.4.21(D) (5), 4.4.26(D) (2), A1TD 4.4.27(D) ,
"CO~ITIONAL USES AND STRUCTURES ALLOWED", OF LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO PROVIDE FOR THE DELETION OF COMMUNICATION AND
TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE
IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS
(CBD) DISTRICT, INDUSTRIAL (I), COMMUNITY FACILITIES
(CF), LIGHT INDUSTRIAL (LI), AND OPEN SPACE AND
RECREATION (OSR) ZONING DISTRICTS; AMENDING SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING A NEW SUBSECTION 4.3.3(S),
"TELECOMMUNICATION TOWERS A_ND ANTENNAS", TO PROVIDE
FOR REGULATIONS ESTABLISHING FREESTANDING
TELECOMMUNICATION TOWERS AS A PERMITTED USE IN THE
PLANNED COMMERCIAL (PC), PLANNED COMMERCE CENTER
(PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT
INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND
RECREATION (OSR), AND COMSCurNITY FACILITIES (CF)
ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A
MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE
IN THE PLANNED COMMERCE CENTER (PCC), MIXED
INDUSTRIAL ~ COMMERCIAL (MIC), LIGHT INDUSTRIAL
(LI), INDUSTRIAL (I), OPEN SPACE ~ RECREATION
(OSR), AND COMMI/NITY FACILITIES (CF) ZONING
DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM
HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR
DEVELOPMENT STAArDARDS A_ND CRITERIA, APPLICATION
REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIREMENTS,
USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION
FACILITIES, REVIEW AND APPROVAL PROCESS, A_ND WAIVERS
TO LOCATION, HEIGHT, ~ CO-LOCATION REQUIREMENTS
BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO
PROVIDE FOR REGULATIONS GOVERNING EXISTING TOWERS,
ABANDONED TOWERS A1TD ANTENNAS NOT LOCATED ON
TELECOMMUNICATION TOWERS; AMENDING APPENDIX A,
"DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS
"ANTENNA" , "GUYED TOWER" , "MONOPOLE TOWER" , "PANEL
ANTENNA" , "SELF - SUPPORT/LATTI CE TOWER" "STEALTH
,
FACILITY", "TELECOMMUNICATION TOWER" ~UND "WHIP
ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, ~ AN EFFECTIVE DATE.
WHEREAS, recent changes in State and Federal law regarding
wireless communication technology has resulted in an increased demand
for the construction of telecommunication towers; and
WHEREAS, the City Commission of the City of Delray Beach
has determined that it is in the best interest of the citizens of the
City of Delray Beach to impose controls on the location of
telecommunication towers and antennas in a manner which balances the
needs of the telecommunication industry with the needs of consumers
of telecommunication services and with the interests of the general
public for development standards which address aesthetic issues
associated with telecommunication towers and antennas; and
WHEREAS, the City Commission of the City of Delray Beach
has determined that regulations and requirements for accessory uses
and structures associated with telecommunication towers and antennas
should be amended.
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 4.4.9, "General
Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, be, and the same is hereby amended to delete the
following:
(D) Conditional Uses and Structures Allowed:
(7)
Section 2. That Chapter Four, "Zoning Regulations",
Article 4~ ~as~' Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, be, and the same is hereby amended to delete the
following:
(D) Conditional Uses and Structures Allowed:
- 2 - Ord. No. 21-97
Section 3. That Chapter Four, "Zoning Regulations"
Article 4.4, "Base Zoning District", Section 4.4.20, "Industrial (Ii
District" Subsection 4.4.20(D), "Conditional Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, be, and the same is hereby amended to delete the following:
(D) Conditional Uses and Structures Permitted:
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, be, and the same is hereby amended to read as
follows:
(D) Conditional Uses and Structures Allowed:
(5) Special Services and Facilities, such as:
privately operated parking lots and garages; stadiums
and arenas; refuse transfer stations; and power
Section 5. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.26, "Light
Industrial (LI) District", Subsection 4.4.26(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, be, and the same is hereby amended to delete
the following:
(D) Conditional Uses and Structures Allowed:
Section 6. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.27, "Open Space and
Recreation (OAR) District", of the Land Development Regulations of
the City of Delray Beach, be, and the same is hereby amended to
delete Subsection 4.4.27(D), "Conditional Uses and Structures
Allowed", in its entirety.
Section 7. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses", of the Land
Development Regulations of the City of Delray Beach, be, and the same
is hereby amended by enacting a new Subsection 4.3.3(S),
"Telecommunication Towers and Antennas", to read as follows:
- 3 - Ord. No. 21-97
(S) Teleco..~,~nication Towers and Antennas:
(1) Purpose and Intent: The regulations and
requirements of this section are intended to:
(a) Promote the health, safety and general
welfare of the citizenry;
(b) Provide for the appropriate location and
development of telecommunication towers and antennas within the City;
(c) Minimize adverse visual impacts of
telecommunication towers and antennas through careful design, siting,
and screening criteria;
(d) Avoid potential damage to adjacent
properties from tower failure through engineerinq and careful siting
of tower structures; and
(e) Protect residential areas and land uses from
potential adverse impacts of telecommunication towers and antennas by
maximizing use of any new or existing telecommunication towers
throuqh shared use, i.e., co-location, to reduce the number of
towers.
(2) Freestandinq TelecoLtl,,unication Towers:
Freestanding telecommunication towers are
permitted as follows:
(a) Monopole towers havinq a maximum height of
64 feet are a permitted use in the following zoning districts:
1. Planned Commercial (PC)
2. Planned Commerce Center (PCC)
3. Mixed Industrial and Commercial
District (MIC)
4. Light Industrial (LII
5. Industrial
6. Open Space and Recreation (OSR)
7. Community Facilities (CF)
(b) Monopole towers havinq a maximum height
greater than 64 feet may be permitted as a conditional use in the
following zoning districts:
- 4 - Ord. No. 21-97
1. Planned Commerce Center (PCC)
2. Mixed Industrial and Commercial
District (MIC)
3. Light Industrial (LI)
4. Industrial (I)
5. Open Space and Recreation (OSR) (on
sites greater than 10 acres in size)
6. Community Facilities (CF) (on sites
greater than 10 acres in size)
(c) Notwithstanding the above listed
requirements, monopole towers greater than 64 feet in height are a
permitted use when located on the public properties listed below.
Towers that are to be located on these properties are not subject to
the minimum separation reHuirement between towers. Towers shall be
located so as to create the least potential visual impact on adjacent
rights-of-way and residential areas.
Miller Park, 1905 S.W. 4th Avenue
2. Delray Beach Municipal Golf Course,
2200 Highland Avenue
3. Public Works Complex, 434 South Swinton
Avenue
4. South Central Regional Wastewater
Treatment Facility, 1801 N. Congress
Avenue
(d) Lattice and guyed towers may be permitted as
a conditional use in the following zoning districts.
1. Community Facilities (CF) (on sites
greater than 10 acres in size)
2. Industrial
(e) Development Standards and Criteria:
1. Height:
a. Tower height shall not exceed 125
feet unless a waiver is granted
pursuant to subsection 4.3.3(S) (7).
b. Tower height is to be measured from
the crown of the road of the
nearest public right-of-way. The
measurement of the tower height
shall include any apparatus that
extends above the tower structure,
with the following exceptions:
- 5 - Ord. No. 21-97
(1) Liqhtinq rods, safety
lightinq, and any other
apparatus required by the
Federal Aviation
Administration (FAA) or the
Federal Communications
Commission (FCC) to ensure the
safe operation of the
facility.
(2) Whip antennas not exceedinq 6
inches in diameter may extend
10 feet above the heiqht of
the tower structure.
2. Setbacks:
a. Towers shall be located a minimum
of fifty (50) feet from any
existinq or proposed public street
riqht-of-way line.
b. The minimum distance between a
monopole tower and the nearest
property line of a residential
zoninq district shall be equal to
200% of the height of the tower.
c. The minimum distance between a
lattice or quyed tower and the
nearest property line of a
residential zoninq district shall
be equal to 400% of the heiqht of
the tower.
d. Monopole, lattice, or quyed
telecommunication towers shall not
be located within one thousand
(1,000) feet of any existinq
monopole, lattice, or guyed
telecommunication tower.
e. Equipment buildinqs and other
structures associated with a
telecommunication tower shall
conform to the setbacks established
for the underl¥inq zoninq district.
- 6 - Ord. No. 21-97
3. Bufferinq Requirements:
a. An eiqht foot hiqh fence or wall
shall be constructed around the
base of a telecommunication tower.
The fence or wall shall be screened
in accordance with LDR Section
4.6.5.
b. Accessory equipment and structures
shall be screened in accordance
with Section 4.4.16.
c. Landscapinq may be required around
anchors or supports, as well as
around the perimeter of the site on
which the tower is located, in
order to enhance compatibility with
adjacent properties.
4. Hiqh Voltaqe and "No Trespassinq"
Warninq Siqns:
a. If hiqh voltaqe is necessary for
the operation of the
telecommunication tower or any
accessory structures, "HIGH VOLTAGE
- DANGER" warning siqns shall be
permanently attached to the fence
or wall and shall be spaced no more
than forty (40) feet apart.
b. "NO TRESPASSING" warninq siqns
shall be permanently attached to
the fence or wall and shall be
spaced no more than forty (40) feet
apart.
c. The letters for the above described
siqns shall be at least six (6)
inches in heiqht. The two warninq
siqns may be combined into one
siqn. Warning siqns shall be
installed at least five (5) feet
above the finished qrade of the
fence.
- 7 - Ord. No. 21-97
do. Where the warninq siqns could be
obscured by landscapinq, they may
be installed on free standinq
poles, at least five (5) feet above
the finished qrade.
5. Siqns and Advertisinq: The use of any
portion of a tower for siqns or
advertisinq purposes, includinq company
name, banners, streamers, etc. is
strictly prohibited.
6. Color: Except where superseded by the
requirements of other county, state, or
federal requlatory aqencies possessinq
~urisdiction over telecommunication
towers, telecommunication towers shall
be constructed in neutral colors,
desiqned to blend into the surroundinq
environment, such as non-contrastinq
gray.
7. Liqhtinq: Artificial tower liqhtinq
shall be limited to mandatory safety
liqhtinq required by county, state, or
federal requlatory aqencies possessinq
jurisdiction over telecommunication
towers. Security liqhtinq around the
base of a tower may be provided if such
liqhtinq conforms with the requirements
of Section 4.6.8.
8. Hazardous Materials: Review and
approval by the Fire Marshal is
required where telecommunication towers
are proposed within two hundred feet of
a proposed or existing principal use
which includes the storaqe,
distribution, or sale of volatile,
flammable, explosive, or hazardous
wastes such as LP qas, propane,
qasoline, natural qas, and corrosive or
danqerous chemicals, unless such
materials are used for backup power
purposes.
- 8 - Ord. No. 21-97
9. Equipment Storage: Mobile or immobile
equipment not used in direct support of
a tower facility shall not be stored or
parked on the site of the
telecommunication tower, unless repairs
to the tower are being made.
(f) Required Information: Ail applications for
telecommunication towers shall contain the following information:
Standard application items pursuant to
2.4.3 (a) .
2. Site plan showing the location,
dimensions, and elevations of the tower
and accessory structures.
3. An aerial photograph produced at a
scale of not less than one inch equals
300 feet (1"=300') indicating all
residential land uses and all existing
telecommunication towers located within
1,500 feet of the proposed tower.
4. Landscape plan pursuant to 4.4.16.
5. A statement prepared by a professional
registered engineer licensed to
practice in the State of Florida, which
through rational engineering analysis
certifies the tower's compliance with
applicable standards as set forth in
the Standard Building Code, and any
associated regulations; and describes
the tower's capacity, including an
example of the number and type of
antennas it can accommodate. For all
towers attached to existing structures,
the statement shall include a
certification that the structure can
support the load superimposed from the
tower.
6. Verification that the telecommunication
tower and antenna is in compliance with
Federal Aviation Administration (FAA)
regulations.
- 9 - Ord. No. 21-97
7- Written approval or a statement of no
objection from other federal or state
agencies that may requlate
telecommunication tower sitinq, desiqn,
and construction.
8. Verification that the facility has been
licensed by the Federal Communications
Commission (FCC).
9. A certified statement that the
construction and placement of the tower
will not unnecessarily interfere with
public safety communications and the
usual and customary transmission or
reception of radio and television
service enjoyed by adjacent residential
and nonresidential properties. A
statement shall be prepared by a radio
frequency enqineer identif¥inq any
interference that may result from the
proposed construction and placement.
10. A line of siqht analysis shall be
required to assess the tower's visual
impact on residential areas. Such
analysis shall include a visual
representation of the tower on the
site, and an illustration of its impact
when viewed from at least three (3)
specific points within a 1,000 foot
radius of the proposed tower location.
The exact location of the points to be
included in the analysis shall be
coordinated with Planninq and Zoninq
Department staff.
(g) Inspections:
1.. The owner of a telecommunication tower
shall have the tower periodically
inspected for structural and electrical
inteqrity by an enqineer licensed to
practice in the State of Florida, in
accordance with the followinq schedule:
- 10 - Ord. No. 21-97
a. Monopole: at least once every five
(5) years
b. Self-support lattice: at least once
every two (2) years
c. Guyed: at least once every two (2)
years
2. Inspections may be required on a more
frequent basis if there is reason to
believe that the structural or
electrical inteqrity of the tower is
jeopardized.
3. Reports detailinq the results of the
inspections shall be submitted to the
Chief Buildinq Official. Based upon
the results of an inspection, the Chief
Buildinq Official may require repair or
removal of a telecommunication tower.
4. The City Commission may approve an
alternative inspection proqram when the
Chief Buildinq Official has determined
that the alternative proqram is
sufficient to ensure the safety of the
facility.
The City may conduct its own periodic
inspections of a telecommunication
tower to ensure its structural or
electrical inteqrity.
(h) Existinq Towers:
1. Notwithstandinq the above provisions of
this section, whip and panel ty~e
telecommunication antennas may be
placed on existinq towers with
sufficient loadinq capacity after
approval by the Chief Buildinq
Official. Any other ty~e of antenna
requires a modification of the
conditional use approval. The loadinq
capacity of a tower shall be certified
by an enqineer licensed to practice in
the State of Florida.
- 11 - Ord. No. 21-97
2. Notwithstanding the provisions of this
section, towers in existence as of May
6, 1997, may be replaced with a tower
of equal or less visual impact upQn
approval by the Planning and Zoning
Director, provided that the following
criteria are met:
a. The tower meets the minimum
requirements of this section; or
b. The tower received conditional use
approval prior to May 6, 1997.
Replacement of existing towers which do
not meet the above specified criteria
may be approved by the City Commission
as a new conditional use.
(i} Abandoned Towers:
1. A tower shall be considered abandoned
if its use for telecommunication
service has been discontinued for one
hundred eighty (180} consecutive days.
All abandoned or unused
telecommunication tower facilities
shall be removed by the tower
owner/operator within ninety (90} days
of abandonment.
2. Where a tower is abandoned but not
removed within the specified time
frame, the City may remove or demolish
the tower and place a lien on the
property following the procedures (but
not the criteria} for demolition of
unsafe buildings/structures contained
in Article 7.8 of the LDRs, Unsafe
Buildings or Structures.
Telecommunication towers being utilized
for other purposes, including but not
limited to light standards and power
poles, may be exempt from this
provision.
- 12 - Ord. No. 21-97
(3) Antennas Not Located on Teleco,,~,~nication Towers:
(a) Non-stealth and stealth antennas mounted on
rooftops, buildings, or other structures which constitute a principal
use, are a permitted use in the following zoning districts, subject
to the limitations and requirements contained herein:
1. Medium Density Residential (RM)
2. General Commercial (GC)
3. Central Business District (CBD)
4. Central Business District--Railroad
Corridor (CBD-RC)
5. Automotive Commercial (AC)
6. Planned Commercial (PC)
7. Resort/Tourism
8. Planned Office Center (POC)
9. Professional and Office District (POD)
10. Planned Commerce Center (PCC)
11. Mixed Industrial and Commercial (MIC/
12. Industrial
13~. Light Industrial (LI)
14. Community Facilities (CF)
15. Open Space and Recreation (OSR)
(b) Non-StealthAntennas:
1. Shall only be permitted on buildings or
structures which are at least fifty
(50) feet tall. Antennas may be placed
on buildings or structures less than
fifty (50) feet tall in the CF or OSR
zoning districts if public safety needs
warrant the antenna.
2. Shall be placed in a manner so as to
minimize the visual impact of the
antenna on adjacent properties, and
shall be of a color which matches the
exterior of the building or structure
upon which it is situated.
3. May not extend more than ten (10) feet
above the highest point of the roof or
structure. Antennas may exceed this
maximum height in the CF or OSR zoning
districts if public safety needs
warrant the antenna.
- 13 - Ord. No. 21-97
4:... Shall be accompanied by a statement
which demonstrates in a technical
manner why a stealth antenna cannot be
used for the particular application.
5. Require approval by the Site Plan
Review and Appearance Board.
(c) Stealth Antennas:
1~.. May extend up to twenty (20) feet above
the highest point of the roof or
structure. If a greater height is
necessary, the antenna must be approved
by the Site Plan Review and Appearance
Board.
2. Requires approval by the Director of
Planning and Zoning to ensure that the
antenna is consistent with the
definition of a stealth facility.
(d) Requirements and Standards:
1. Each application shall contain a
rendering or photograph of the antenna
including, but not limited to, colors
and screening devices.
2. No commercial advertising shall be
allowed on an antenna or on the
screening devices or elements.
3. The antenna must be in compliance with
FAA requirements. No signals, lights
or illumination shall be permitted on
an antenna unless required by the FCC
or FAA.
4. Any related unmanned equipment building
shall not contain more than 750 square
feet of gross floor area or be more
than twelve (12) feet in height; and
5. If the equipment building is located on
the roof of the building, the area of
the equipment building shall not occupy
more than twenty-five percent (25%) of
the roof area.
- 14 - Ord. No. 21-97
6. An antenna proposed for location on a
structure or site that is listed on the
local or national reqister of historic
places, or is located within a
desiqnated historic district, may be
denied if the antenna creates an
adverse impact on the historic
character of the structure, site or
district.
(4) Co-location:
(a) In order to minimize adverse visual impacts
associated with a proliferation of towers, co-location of
communication antennas by more than one provider on existinq or new
telecommunication towers shall take precedence over the construction
of new sinqle use telecommunication towers. An application for a new
tower that is qreater than 64 feet in heiqht shall not be approved
unless it can be demonstrated by the applicant that there is a need
for the new tower which cannot be met by placinq the antenna on an
existinq tower. Accordinqly, the following requirements apply to
each application for a new telecommunication tower that is greater
than 64 feet in heiqht.
1. All new telecommunication towers shall
be constructed so as to have the
capacity to permit multiple uses.
Monopole towers shall be able to
accommodate a minimum of two (2) users,
and lattice or quyed towers shall be
able to accommodate a minimum of three
(3) users.
2. All applications for new
telecommunication towers shall include
a written analysis of the feasibility
of sharinq any existinq
telecommunication tower located within
a half-mile radius of the proposed
tower site. The analysis shall
consider the followinq factors:
a. Availability of existinq towers for
co-location.
b. Structural capacity of existinq
tower or towers.
c. Geoqraphic service area
requirements.
- 15 - Ord. No. 21-97
Radio freguency interference.
e. Mechanical or electrical
incompatibility.
f. Restrictions or limitations of the
Federal Communications Commission
that would preclude the shared use
of the tower.
~. Any other information that would
demonstrate the need for the new
tower.
3. An existing telecommunication tower
that is determined to be inappropriate
for sharing shall be assumed to be
inappropriate for sharing the same
types of facilities in the future.
Such towers will not need to be
evaluated in the future regardinq
sharing with the same type of facility
for which it has been determined to be
inappropriate. The Planning and Zoning
Department shall retain a list of such
towers and will provide a copy of the
list to all potential applicants. The
City may require additional sharing
feasibility evaluations if warranted by
changes in technology.
4. A requirement to allow co-location will
be a condition of approval for all new
towers. This requirement will be
deemed to have been met if the facility
owner shows that it has executed a
joint use aqreement with at least one
other unaffiliated entity for shared
use, and agrees to offer the same
contract to others. In other cases,
the facility owner must provide a
statement of intent to offer space on
the tower on fair, reasonable,
nondiscriminatory terms, at fair market
value, and to negotiate leases promptly
and without undue delay. A condition
of any permit for a new
telecommunication tower shall be that
the .permit shall be terminated, and the
facility removed, if the City finds
that the facility owner is not
complying with its obligations under
this section.
- 16 - Ord. No. 21-97
5. For any telecommunication tower
approved for shared use, the owner of
the tower shall send a written notice
to all potential users of the new
tower, informing them of the
opportunity for co-location, and
including information on the tower's
location and load capacity. Copies of
the notice letters shall be provided to
the City at the time that the
application is filed. The list of
potential users shall be provided by
the Planning and Zoning Department.
6. The City may deny an application if an
available co-location is feasible and
the application is not for such
co-location.
7. The requirement for a new tower to
provide for cQ-location, and the
applicable provisions of this
subsection, may be waived pursuant to
the requirements and findings
stipulated in subsection 4.3.3(S) (7) .
(5) Use of City-Owned Property for Teleco,..unication
Facilities:
(a) No municipally-owned property may be used
without a lease agreement with the City. The City shall authorize
the appliQation and use o.f City property after the applicant executes
a lease agreement that is acceptable to the City. The City shall
have no obligation whatsoever to execute such lease even if the
applicant can meet the criteria set forth in this section.
(b) The City may, as appropriate, to protect its
property and the public interest, establish additional requirements
beyond the minimum requirements of this section for facilities
located on municipally-owned property.
(c) The City may issue letters of interest for
the purposes of leasing sites on designated City property for the
construction and installation of personal wireless service
facilities. The City will encourage the installation of facilities
which have a minimal impact on the surrounding areas and are
consistent with the development of the public property on which the
facility is located.
- 17 - Ord. No. 21-97
(6) Review and Approval Process:
(a) The City shall process all applications for
telecommunication towers and antennas in a timely manner and in
accordance with established procedures. The reason for the rejection
or denial of any application filed in accordance with the provisions
of this section shall be set forth in writinq.
(b) Ail . conditional uses must .be approved
pursuant to the provisions of Section 2.4.5(E~. In addition to the
requirements of that section, the followinq findinq must be made in
connection with a conditional use approval for a new communication
tower:
That the visual impact of the tower has been minimized to
the qreatest extent possible throuqh careful desiqn,
sitinq, and screeninq.
( 7 ) Waivers:
(a) The City Commission may waive the
requirements of this section pursuant to the authority ~ranted in
Section 2.4.7(B). In addition to the requirements and standards
specified in that. section, the followinq findinqs which are
applicable to the nature of the waiver must be made:
1. Waiver of Locational Restrictions.
Findinq: That approval of the waiver
will allow for the construction of a
facility at a location that is more
appropriate than sites which comply
with the zoninq and separation
requirements, based upon factors such
as its distance from residential uses,
existence of permanent screeninq or
buffers, and location within a
larqe-scale non-residential area.
2. Waiver of Heiqht Restrictions.
At least one of the followinq findinqs
must be made:
- 18 - Ord. No. 21-97
a. That a height greater than 125 feet
is necessary to accommodate
co-location by another provider~
and it has been illustrated through
a line of sight analysis that the
additional height will not
significantly impact residential
neighborhoods. Waivers granted
pursuant to this provision shall
not allow heights in excess of 150
feet.
b. That a height greater than 125 feet
is required to meet public safety
needs.
3. Waiver of Co-location Requirements:
Finding: That it has been specifically
demonstrated through data and analysis
that co-location is not feasible
because of factors such as site
constraints, radio frequency (RF)
interference, geographic service area
incompatibilities, mechanical or
electrical incompatibilities, or
similar circumstances.
Section 8. That Appendix A, "Definitions", of the Land
Development Regulations of the City of Delray Beach, be, and the same
is hereby amended by enacting definitions for the following terms, to
read as follows:
ANTENNA: A transmitting and/or receiving device used for
personal wireless services that radiates or caDtures electromagnetic
wayes, including directional antennas, such as panel and microwave
dish antennas, and omni-directional antennas, such as whips, but
excluding radar antennas, amateur radio antennas, and satellite dish
antennas.
GUYED TOWER: A telecommunication tower that is supported,
in whole or in part, by guy wires and ~round anchors.
MONOPOLE TOWER: A telecommunication tower consisting of a
single pole or spire self supported by a permanent foundation,
constructed without guy wires and ~round anchors.
PANEL ANTENNA: An array of antennas designed to
concentrate a radio signal in a particular area.
- 19 - Ord. No. 21-97
SELF-SUPPORT/LATTICE TOWER: A telecommunication tower that
is constructed without guy wires and qround anchors.
STEALTH FACILITY: Any telecommunication facility which is
desiqned to blend into the surroundinq environment. Examples of
stealth facilities include architecturally screened roof-mounted
antennas, antennas inteqrated into architectural elements, and
telecommunication towers desiqned to look like light poles, power
poles, or trees.
TELECOMMUNICATION TOWER: A quyed, monopole, or
self-support/lattice tower, constructed as a free-standinq structure,
containinq one or more antennas used in the provision of personal
wireless services.
WHIP ANTENNA: A cylindrical antenna that transmits signals
in 360 deqrees.
Section 9. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 10. 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 11. 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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 20 - Ord. No. 21-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~d~AGER~{
SUBJECT: AGENDA ITEM #/OH- REGULAR MEETING OF APRIL 15, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 20-97
.{PROHIBITING SKATEBOARDS AND THE LIKE IN VETERAN'S PARK)
DATE: APRIL 11, 1997
This is second reading and public hearing for Ordinance No. 20-97
which would prohibit the use of skateboards and the like in
Veteran's Park.
Attached is correspondence from Captain Mark of the Ramblin Rose
asking for relief from the situation caused by skateboarding in
the park. He has also provided pictures of the damage caused by
this activity (copies attached). Not only the ticket office but
also our fountain, retaining walls, and other features of the park
landscape are being damaged or defaced.
At first reading on April 1, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 20-97 on second and final
reading.
ref:agmemol3
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
ORDINANCE NO. 20-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09,
"SKATEBOARDING AND THE LIKE PROHIBITED", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR THE PROHIBITION ON THE USE OF
SKATEBOARDS AND THE LIKE IN VETERAN'S PARK;
RELETTERING SUBSECTION (B) TO SUBSECTION (C);
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Veteran's Park is being used by a number of
persons on skateboards and the like; and
WHEREAS, the City of Delray Beach has spent considerable
funds for the improvements in Veteran's Park, including a gazebo,
brick paver sidewalks, and a new dock; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the use of skateboards and the like in Veteran's Park has
caused damage to the sidewalks and paved areas of the park; and
WHEREAS, the City Commission finds that the use of
skateboards in Veteran's Park is a danger to those using the park;
and
WHEREAS, the City Commission finds that there is a need to
regulate the use of skateboards and the like in Veteran's Park; and
WHEREAS, the City Commission finds that such regulations
governing the use of skateboards in Veteran's Park will serve to
protect the safety and welfare of the citizens, and to promote the
aesthetics of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 13, "General Offenses", Chapter 132,
"Offenses Against Public Peace and Safety", Section 132.09,
"Skateboarding and the Like Prohibited", of the Code of Ordinances of
the City of Delray Beach, be, and the same is hereby amended to read
as follows:
Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED.
It shall be unlawful for any person upon roller skates,
skateboards, bicycles, or riding in or by any means of any coaster,
toy vehicle, play vehicle or similar device:
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
(A) With the exception of bicycles, to go upon any
sidewalk along Atlantic Avenue between State Road A1A on the east and
1-95 on the west.
(B) With the exception of bicycles, to. qo upon an~
sidewalk or paved area in Veteran's Park.
(~) To operate said device in a reckless manner on any
public sidewalk. No person shall ride a skateboard or roller-skate
on a sidewalk without exercising due care for the safety of others
using the sidewalk.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 20-97
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
February 10, 1997
Mr. David Harden
City Manager
100 N.W. Ist Ave.
Delray Beach, FL 33444
Dear Mr. Harden,
Please be advised that since last weeks letter to you, the new ticket
office has now actually incurred damage from apparent skate-boarders.
Enclosed are photos which you may keep.
I hope I may hear from you soon on this problem.
Sin~=~r~ly,
Dane L. Mark/
President
Enc.
DLM:lam
801 Aflanllc Ave Delray Beach. FL 33483 Ph:(407)243-0686 Fxc(407)243-4069
January 30, 1997
Mr. David T. Harden
City Manager
100 N.W. 1st Ave.
Delray Beach, FLorida 33444
Subject: 1. Skate Boarders
2. Art Vendors Parking
Dear Mr. Harden,
If you recall, I was opposed to placing the new ticket office to
where it is now located. I expressed my concerns to you in writing
and verbally last spring with reference to the skate-boardinq that
goes on in this area.
Now that we have just occupied the new office we are already
experiencing what a nuisance this is. Skate-boarders line up
directly in front of the ticket window so they may get a running
start at the steps. Not only is this a nuisance, but a liability
for this business.
I therefore am asking for immediate (season is upon us) relief in
the form of a City sign mounted on the wall next to the steps. I
suggest the sign could read .... NO Skate-Boarding within 30 feet of
Ticket Office.
I am fully aware of the parking problem issue downtown. This issue
however, is not relative to my next discussion. The Veteran's park
public parking lot is used by a number of surrounding businesses,
adult center, the playground, and the Ramblin' Rose Riverboat.
In past years the Delray Art League has used'the parking lot generally
two weekends in January and a~ain for the Delray Affair. Enclosed
is the Art League's new schedule. As you can see by the high-lighted
dates that there is a new trend in using the Veteran's Park on a
more regular basis. The complaint I have with this is the artists
now monopolize the parking which was available to the Riverboat patrons.
Artists arrive at 7:00 a.m. and capture parking spaces until they
leave at 5:30 p.m. This practice eliminates the normal ebb and
flow of parking spaces opening and closing during a normal eight
hour day.
801 Atlantic Ave Delray Beach. FL 33483 Ph:(407)24,3-0686 Fx:(407)243-4069
I therefore am asking the City to regulate this problem by making
the Artists use, conditional. The condition is, that after the
Artists unload their art and get set up that they then transfer
their vehicles to the north end of the Park for the remainder of
their stay.
Once again season is upon us and I would like to see some cooperation
by the Art League when thay return on February 8th and 9th and
there-after.
Thank you for your immediate attention on these two imposing matters.
Sincerely~
e L. Markff
President
Enclosure
DLM:lam