11-04-97 Regular DEL R,¥,, BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
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
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (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. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
November 4, 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.
5. Approval of Minutes:
Regular Meeting of October 21, 1997
Special Meeting of October 28, 1997
6. Proclamations: None
7. Presentations:
A. Delray Beach Youth Council - Veterans Park Skateboard Issue
8. Consent Agenda: City Manager recommends approval.
A. PUBLIC HEARING DATE FOR APPLICATION TO ABANDON THE STATUS OF
WATERFORD PLACE AS A DEVELOPMENT OF REGIONAL IMPACT (DRI):
Schedule a public hearing date of January 20, 1998, to consider
the application to abandon the status of Waterford Place as a
Development of Regional Impact (DRI). Waterford Place is
located on the south side of Linton Boulevard between 1-95 and
Lindell Boulevard.
B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/FLORIDA TRILOGY, INC.:
Approve an agreement between the City and Florida Trilogy,
Inc., an industrial development doing business as ABA Custom
Cabinets, Inc. at 1305 Poinsettia Drive, to allow deferral of
the requirement to construct a sidewalk along Poinsettia Drive
until the sidewalk improvements are required by the City.
C. AGREEMENT FOR SIDEWALK IMPROVEMENTS/CASA LA BRISA: Approve an
agreement between the City and Ironwood Properties, Inc. to
allow the deferral of the sidewalk improvements along Seabreeze
Avenue associated with the Casa La Brisa townhouse development
until installation of the sidewalk is required by the City.
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Regular Commission Meeting
November 4, 1997
D. RIGHT-OF-ENTRY AND LICENSE AGREEMENT FOR SIDEWALK CONSTRUCTION/
1995 ATLANTIC CENTER ASSOCIATES, LTD.: Approve a
right-of-entry and license agreement for sidewalk construction
with 1995 Atlantic Center Associates, Ltd. to provide for the
completion and maintenance of sidewalk improvements along the
west side of Gleason Street just south of Atlantic Avenue.
E. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a
request from the Chamber of Commerce for special event approval
for the annual Holiday Pageant Parade to be held on December
13, 1997, including temporary use permit, staff support and
waiver of overtime costs up to 50%.
F. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT WITH THE "I
HAVE A DREAM" FOUNDATION: Authorize the execution of a funding
agreement in the amount of $4,645 with the "I Have a Dream"
Foundation as subrecipient under the Community Development
Block Grant program, with funding from 118-1966-554-83.01.
G. EMERGENCY SERVICES AGREEMENT FOR FIRE AND EMS MUTUAL ASSISTANCE
AND AUTOMATIC AID/CITY OF BOCA RATON: Approve an interlocal
agreement between the City of Delray Beach and the City of Boca
Raton to provide for Fire and EMS mutual assistance/automatic
aid in times of emergency.
H. LAKE IDA SHOPPING CENTER SUBSTATION LEASE: Approve a
commercial lease agreement with MDN Lake Ida, Inc. for the
lease of premises within the Lake Ida Shopping Center located
at the southwest corner of Lake Ida Road and Congress Avenue
for use as a Police substation during the period October 1,
1997 through December 31, 1999, at a cost of $1.00 per year.
I. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a
funding subsidy in the amount of $3,510 for an eligible appli-
cant under the Delray Beach Renaissance Program, from State
Housing Initiatives Program (SHIP) Account 118-1924-554-83.01.
J. RATIFICATION OF BOARD OF DIRECTORS FOR OLD SCHOOL SQUARE, INC.:
Ratify the slate of new members appointed to the Board of
Directors for Old School Square pursuant to the Management
Agreement dated August 7, 1990 between the City and Old School
Square, Inc.
K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various actions approved by the
SCRWTD Board on October 16, 1997.
L. RESOLUTION NO. 80-97: Adopt a resolution supporting the
Municipal League in its recommendation concerning an amendment
to the proposed changes by the Palm Beach County Department of
Environmental Resources Management (ERM) to Section 9.4,
Wetlands Protection, of the Palm Beach County Unified Land
Development Code.
Regular Commission Meeting
November 4, 1997
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, the Site Plan Review and Appearance Board and the
Historic Preservation Board during the period October 20th
through October 31, 1997.
N. PAYMENT APPROVAL FOR HTE PUBLIC SAFETY SYSTEM ANNUAL SOFTWARE
MAINTENANCE AGREEMENT/POLICE DEPARTMENT: Approve payment in
the amount of $33,232.50 to HTE, Inc. for the annual
maintenance of the public safety system software, including
updates, and technical support for the period October 1, 1997
through September 30, 1998, with funding from 001-2113-521-
46.90.
O. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the estimated annual amount of $14,494
to Ferguson Underground, Inc. via City of Hialeah bid, for
fire hydrants, with funding from 442-5178-536-61.77,
through budget transfer from Project Reserves.
2. Bid award through a Palm Beach County co-operative bid, in
the estimated annual amount of $149,513.90 to various low
responsive bidders for chemicals and fertilizers, with
funding from the Parks and Recreation Department, and the
Municipal and Lakeview Golf Courses' operating budgets.
3. Bid award in the amount of $16,677 to Rayside Truck &
Trailer, Inc. for interior modifications to the Police
Department SWAT vehicle, with funding from 001-2117-521-
64.20.
9. Regular Agenda:
A. CONTRACT ADDITION (C.O.#i)/CHAZ EQUIPMENT COMPANY, INC.:
Consider approval of a contract addition (C.O. #1) in the
amount of $55,741 and an additional 60 calendar days to our
existing Roosevelt Avenue drainage improvements contract with
Chaz Equipment Company, Inc., to add the construction of a
water main interconnect with Highland Beach on A1A; with
funding from 441-5161-536-63.90 through budget transfer from
441-5161-536-63.74.
B. DDA RECOMMENDATIONS CONCERNING EXPANDED BOARD: Consider
approval of recommendations from the Downtown Development
Authority concerning changes in the Special Act with respect to
the DDA Board.
C. INTERLOCAL AGREEMENT FOR PLANNING SERVICES/NORTH FEDERAL
HIGHWAY AREA: Consider approval of an interlocal agreement for
planning services by and among the City of Delray Beach, the
Community Redevelopment Agency and the Treasure Coast Regional
Planning Council for the conducting of a planning charrette and
preparation of a redevelopment plan for the North Federal
Highway area.
4
Regular Commission Meeting
November 4, 1997
D. NOMINATION FOR THE TREASURE COAST REGIONAL PLANNING COUNCIL:
Consider a nomination for a regular seat on the Treasure Coast
Regional Planning Council.
E. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member
to the Education Board to fill an unexpired term ending July
31, 1998. The appointment will be made by Commissioner
Ellingsworth.
10. Public Hearings:
A. ORDINANCE NO. 44-97: An ordinance amending Section 4.3.4
(J) (1), "Height", Section 4.3.4(K), "Development Standards
Matrix", and Appendix "A", "Definitions", of the Land Develop-
ment Regulations to enact regulations intended to mitigate the
effects of large home construction on adjacent properties and
surrounding neighborhoods.
B. ORDINANCE NO. 45-97: An ordinance amending Chapter 101,
"Parks, Beaches, and Recreation", Section 101.15 "Definitions",
of the City Code to provide for the inclusion of Lot 8, Block E
of the Revised Plat of Blocks D & E, Palm Beach Shore Acres,
within the definition of 'municipal beach' as set forth at
Section 101.15 of the City Code.
C. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM): Consider
approval of the Contract for Sale and Purchase between the City
and Gloria Jones for property located at 521 S.W. 10th Street,
through the HOPE 3 Program.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 47-97: An ordinance rezoning a portion of the
Yake property from RL (Low Density Residential/3-6 units per
acre) to RM-8 (Medium Density Residential/5-8 units per acre).
The subject property is located approximately 850 feet east of
U.S. Highway #1, north of Denery Lane, south of Royal Palm
Boulevard, and immediately west of and adjacent to the
Intracoastal Waterway. If passed, a quasi-judicial public
hearing will be scheduled for November 18, 1997.
B. ORDINANCE NO. 49-97: An ordinance amending Chapter 73,
"Parking Schedules", of the City Code to provide for a one-hour
parking zone on Atlantic Avenue from the Intracoastal Waterway
east to State Road A1A. If passed, a public hearing will be
scheduled for November 18, 1997.
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Regular Commission Meeting
November 4, 1997
C. ORDINANCE NO. 46-97: An ordinance designating the Turner House
located at 145 N.E. 6th Avenue as a local historic site to be
listed in the Local Register of Historic Places. If passed, a
public hearing will be scheduled for November 18, 1997.
D. ORDINANCE NO. 48-97: An ordinance rezoning a 0.24 acre parcel
of land from GC (General Commercial) District to AC (Automotive
Commercial) District. The subject property is located on the
east side of Dixie Highway approximately 170 feet south of La
Mat Avenue and was formerly occupied by the Silk Garden Outlet.
If passed, a quasi-judicial public hearing will be scheduled
for November 18, 1997.
E. ORDINANCE NO. 50-97: An ordinance amending the Land
Development Regulations by increasing land development fees and
establishing new fees, amending the name and definitions for
site and development plans, establishing a procedure for
amendments to the LDRs, and miscellaneous amendments to related
sections. If passed, a public hearing will be scheduled for
November 18, 1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
Bo City Attorney
C. City Commission
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 4, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING:
8.P. Appointment of Outside Counsel/Waste Manaqement v. City:
Approve the appointment of outside counsel as recommended by
the City Attorney.
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.F. Settlement/Cajigas v. City Consider approval of a settle-
ment in the referenced matter as recommended by the City
Attorney.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: DAVID T. HARDEN, CITY MANAGERi~
SUBJECT: AGENDA ITEM # ~.~.- REGULAR MEETING OF NOVEMBER 4, 1997
PUBLIC HEARING DATE TO CONSIDER APPLICATION TO ABANDON
THE STATUS OF WATERFORD PLACE AS A DRI
DATE: OCTOBER 30, 1997
The Waterford Place project was approved as a Development of
Regional Impact (DRI) in 1984/85. It is located on the south
side of Linton Boulevard between 1-95 and Lindell Boulevard.
Since the initial approval, the project has been modified several
times. It is currently approved for 136,000 square feet of
retail, a 78 room hotel, and 536 multi-family units. The retail
square footage is in place as are 236 of the residential units.
The site plan for the remaining 300 multi-family units has been
approved. The site plan for the hotel remains to be processed.
The current approved project does not meet the thresholds to be
considered a development of regional impact. Based on this and
the nearly complete status of the development, the developer has
applied to abandon the DRI status. As outlined in the attached
memorandum, staff recommends a methodology for abandonment as
well as a time schedule for the process.
In order to satisfy the notification requirements of both the
state rule and local procedures, it is recommended that the
Commission schedule a public hearing date of January 20, 1998, to
consider the application to abandon the status of Waterford Place
as a DRI.
ref:agmemo6
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: MEETING OF NOVEMBER 4, 1997
ESTABLISHING A SCHEDULE FOR A PUBLIC HEARING TO
CONSIDER THE APPLICATION TO ABANDON THE STATUS OF
WATERFORD PLACE AS A DRI ** CONSENT AGENDA **
The action requested of the City Commission is that of setting a schedule for a
public hearing to consider the application to abandon the status of Waterford
Place as a Development of Regional Impact (DRI).
Waterford Place was approved as a Development of Regional Impact (DRI) in
1984/85. The project was originally planned to consist of 811,763 square feet of
office space, a 250 room hotel, and 236 multi-family units. Pursuant to state
regulations, the size of the office component made the project a DRI, subject to
regional and state review.
Since the initial approval, the project has been modified several times, such that
today it is approved for 136,000 square feet of retail, a 78 room hotel, and 536
multi-family units. Relative to the DRI regulations, the current approved project
does not meet the thresholds to be considered a DRI, based either on the
individual or cumulative impact of its components. The completed portions of the
development include 236 multi-family residential units and 136,000 square feet
of retail. In addition, the off-site improvements which were identified in the
regional review have been completed for the entire project. The site plan for the
remaining 300 residential units has also been approved, and a site plan for the
hotel will be processed.
CITY COMMISSION DOCUMENTATION
ESTABLISHING A SCHEDULE FOP, A PUBLIC HEARING TO CONSIDER THE APPLICATION TO ABANDON THE
STATUS OF WATERFORD PLACE AS A DRI
PAGE 2
The developer has applied to abandon the DRI status of the project, based on
the nearly completed status of the development and the fact that the current
project would not require DRI review. The application process is established in
Rule 9J-2.0251, F.A.C., and includes simultaneous application to the City, the
Florida Department of Community Affairs, and the Treasure Coast Regional
Planning Council. The first step in the process is for the City Commission to
schedule a public hearing to consider the application.
Staff recommends a methodology for abandonment whereby the City
Commission will render its decision on whether to approve the abandonment
request by resolution. Simultaneously, the Special Activities District ordinance
(SAD) governing the development will be modified to incorporate any conditions
remaining in the DRI Development Order (DRI-DO) which still apply to the
project. In this methodology, continuity of development controls will be
maintained, and the conditions established for the project will remain in effect
through its completion. To follow this methodology, the following schedule is
recommended:
December 15, 1997 Planning and Zoning Board public hearing regarding
the DRI-DO and SAD.
January 6, 1998 City Commission first reading of the amended SAD.
January 20, 1998 City Commission second reading and public hearing
for the SAD, and public hearing for the DRI-DO.
This schedule will allow us to satisfy the notification requirements of both the
state rule and local procedures.
By motion, schedule a public hearing, on January 20, 1998, to consider the
application to abandon the status of Waterford Place as a Development of
Regional Impact (DRI).
S:\adv\wtfd 18
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IVlg2XlAGER~/~
SUBJECT: AGENDA ITEM # $.~. - MEETING OF NOVEMBER 4, 1997
AGREEMENT FOR SIDEWALK IMPROVEMENTS/FLORIDA TRILOGY,
INC.
DATE: OCTOBER 31, 1997
This is before the Commission to approve an agreement between the
City and Florida Trilogy, Inc., an industrial development doing
business as ABA Custom Cabinets, Inc., located at 1305 Poinsettia
Drive.
Pursuant to Section 6.1.3(B) (1) of the LDRs, a five foot wide
sidewalk is required along Poinsettia Drive. This agreement will
allow a deferral of the requirement to construct a sidewalk in
conjunction with the new development until such time as the City
requires their construction. Under this agreement, when the City
requests installation of the sidewalks on Poinsettia Drive, the
owners will be required to construct the sidewalk at their own
expense. The City Attorney's office has reviewed the agreement
and has approved it as to form and sufficiency.
Recommend approval of the agreement between the City and Florida
Trilogy, Inc. for deferral of the sidewalk requirement.
THRU: E~i~' D~-'~M1N G U EZ,~I R~,CTOR
AND ZONING
SUBJECT: MEETING OF NOVEMBER 4, 1997 ***CONSENT AGENDA ***
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR FLORIDA
TRILOGY, INC. INDUSTRIAL DEVELOPMENT.
The action requested of the City Commission is that of acceptance of an
agreement between the City and Florida Trilogy, Inc. to allow the deferral
of the sidewalk improvements along Poinsettia Drive associated with the
Florida Trilogy, Inc. industrial development.
The subject property is located at the southwest corner of Poinsettia Drive
and Lime Lane, within the MIC (Mixed Industrial and Commercial) zone
district.
On September 3, 1997, SPRAB approved the site plan for Florida Trilogy, Inc., an
industrial development doing business as ABA Custom Cabinets, Inc. In conjunction
with the site plan, the Board approved deferral of the requirement to install a sidewalk
along Poinsettia Drive, provided that the owner enters into an Agreement/Covenant
acceptable to the City Attorney to install the sidewalk when required by the City.
Pursuant to Section 6.1.3(B)(1) of the Land Development Regulations, a 5' wide
sidewalk is required along Poinsettia Drive. The attached agreement will allow the
deferral of the requirement to construct a sidewalk in conjunction with the new
development until such time as the City requests construction of sidewalks along
City Commission Documentation
Meeting of November 4, 1997
Agreement for Sidewalk Improvements for Florida Trilogy, Inc.
Page 2
Poinsettia Drive. If the City requests the construction of the sidewalks, then the owners
would be required to construct the sidewalk, at their expense, in accordance with
current construction standards and applicable City Ordinances. This Agreement shall
run with the land and be binding on the parties' heirs, assigns and successors. The
Assistant City Attorney has reviewed the agreement and has approved the agreement
as to form and sufficiency.
By motion, approve the sidewalk agreement for Florida Trilogy, Inc.
Attachments:
· Sidewalk Agreement
· Location Map
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into as of this__ day of
1997, between the City of Delray Beach, Florida (the "City")
and FLORIDA TRILOGY, INC., Florida corporation (the "Owner"),
for the purpose of waiving the requirement of installation of
a sidewalk along Poinsettia Drive until such time as all of
Poinsettia Drive is required to have sidewalks.
WHEREAS, Land Development Regulation Section 6.1.3(C)
requires the installation-of a sidewalk within the Poinsettia
Drive right-of-way immediately abutting the property
described herein by Owner prior to the issuance of a building
permit and a certificate of occupancy; and
WHEREAS, at the meeting of the Site Plan Review and
Appearance Board of September 3, 1997, the Board granted a
waiver from the requirement of the installation of a sidewalk
pursuant to Land Development Regulation Section 6.1.3(D) (1)
(b); and
WHEREAS, there are currently no'other sidewalks along
Poinsettia Drive; and
WHEREAS, in order to Provide conformity along the street
the City Commission voted to waive the requirement for the
installation of a sidewalk until such time as it is
determined that sidewalks shall be constructed on the entire
street. '~ '
WITNESSETH
NOW, THEREFORE,-in witness of the above, and in
consideration of'the City agreeing to waive the requirement
for the installation of a sidewalk, at this time, for the
real property located in Delray Beach, Florida, legally
described as:
Lots 5 and 7, Block C, SUNNY ACRES, according to
the Plat thereof, recorded in Plat Book 21, Page
63 of the Public Records of palm Beach County, Florida
1.. Owner agrees'to construct a sidewalk, at its sole
.cost and"~expense;· along the PoinSettia Drive right of way
abutting the subject property within a time period which is
acceptable to the City, after being requested to do so by the
City. The sidewalk, if and when constructed, shall meet all
the current ordinances of the City of Delray Beach, Florida.
2. It is the intent of the parties that this Agreement
shall run with the land. This Agreement shall be recorded in
the public records of Palm Beach County, Florida and shall be
binding on the parties, their legal representatives, heirs,
successors, and assigns.
IN WITNESS WHEREOF, the parties to this Agreement set
their ~hands and seals this day of , , 1997.
OWNER: FLORIDA TRILOGY, INC.,
a Florida corporation
1305t ?o '~6~set~a~/Drive
(Pr{nt ladakes~l ' ' '. \/~
~64r ~, ~b~/~/6';)' ...... - -' ~ Poinsettig DriveSecretary
- .(prin%~.n~) ~ ~ Delray F1 33444
(ff{int [ddress) . '
STATE 'OF ..~FLORIDA ..
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
27 day of 3~6~ , 1997, by DAVID M. LOPEZ, President
of Florida 'rrx£ogy, Inc., and by VERNON J. ORME, Secretary o.f
Florida Trilogy, Inc., both of whom are personally known to
"~ SEAL: ' t ~ .... Og'~IC~L NOTARY SEAL
/-6~gnatur~f Notary Public I! D~N~S~KOW~'-
State of/Florida I! COMM~IONNO. CC4~408 _
i.[ MY COMMISSION EXP. MAY 7,1999
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
.City Clerk Mayor
Appr6ved as to form and sufficiency:
City Attorney
S.W. lOTH STREET
PARK TEN
$,w, 111~ ST
PARK
2ND ADD.
POINSETTIA DRIVE
LIN TON o
CENTRE ~
Z
~ /
GEORGIA STREET ,
MtLFRE9 STREET /
PRINCESS BLVD.
WALLA CE WALLACE
FORD DODGE ~
WALLACE u~
NISSAN
LIN TON BOULEVARD
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~ FLORIDA TRILOGY
PLANNING D['PART~£N T
CITY OF' DELRAY BEACH. FL
-- D/C//"AL ~4S[' 4CAP SY~I'['M -- UAP REt': LMITI
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF NOVEMBER 4, 1997
AGREEMENT FOR SIDEWALK IMPROVEMENTS/CASA LA BRISA
DATE: OCTOBER 31, 1997
This is before the Commission to approve an agreement between the
City and Ironwood Properties, Inc. the owner and developer of
Casa LaBrisa Townhomes, located on the east side of Seabreeze
Avenue approximately 350 feet north of East Atlantic Avenue.
Pursuant to Section 6.1.3(B) (1) of the LDRs, a five foot wide
sidewalk is required along Seabreeze Avenue. This agreement will
allow a deferral of the requirement to construct sidewalks in
conjunction with the new development until such time as the City
requires their construction. Under this agreement, when the City
requests installation of the sidewalks on Seabreeze Avenue, the
owners will be required to construct the sidewalks at their own
expense. The City Attorney's office has reviewed the agreement
and has approved it as to form and sufficiency.
Recommend approval of the agreement between the City and Casa
LaBrisa Townhomes for deferral of the sidewalk requirement.
THRU: DIANE DO R
DEP RTE F P GANDZONING
FROM: J/EJ~Y A. COSTELLO
~ENI~iR PLANNER
SUBJECT: MEETING OF NOVEMBER 4, 1997 ***CONSENT AGENDA ***
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR CASA LA
BRISA TOWNHOUSE DEVELOPMENT.
The action requested of the City Commission is that of acceptance of an
agreement between the City and Ironwood Properties, Inc. to allow the deferral
of the sidewalk improvements along Seabreeze Avenue associated with the
Casa La Brisa townhouse development.
The subject property is located on the east side of Seabreeze Avenue,
approximately 350 feet north of East Atlantic Avenue, within the RM (Medium
Density Residential) zone district.
At its meeting of February 7, 1996, SPRAB approved the site plan for Casa La Brisa, a
5-unit townhouse development. In conjunction with the site plan, the Board approved
deferral of the requirement to install a sidewalk along Seabreeze Avenue, provided that
the owner enters into an Agreement/Covenant acceptable to the City Attorney to install
the sidewalk when required by the City. The subdivision plat was subsequently
approved by the City Commission on April 2, 1996.
Pursuant to Section 6.1.3(B)(1) of the Land Development Regulations, a 5' wide
sidewalk is required along Seabreeze Avenue. The attached agreement will allow the
deferral of the requirement to construct a sidewalk in conjunction with the new
development until such time as the City requests construction of sidewalks along
Seabreeze Avenue. If the City requests the construction of the sidewalks, then the
owners would be required to construct the sidewalk, at their expense, in accordance
City Commission Documentation
Meeting of November 4, 1997
Agreement for Sidewalks Improvements for Casa La Brisa
Page 2
with current construction standards and applicable City Ordinances. This Agreement
shall run with the land and be binding on the parties' heirs, assigns and successors.
The Assistant City Attorney has reviewed and approved the agreement as to form and
sufficiency. The homeowner's association documents contain a provision stating that
the Association will install the sidewalk when requested by the City.
By motion, approve the sidewalk agreement for Casa La Brisa.
Attachments:
· Sidewalk Agreement
· Location Map
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGRREMENT entered into this day of 199 , between the
City of Delray Beach (the "City") and Ironwood Properties, Inc., a Flodda corporation (the
"Owner"), for the purpose of waiving the requirement of installation of a sidewalk along
Seabreeze Avenue until such time as required by the City.
WHEREAS, Land Development Regulation Section 6.1.3 (c) requires the
installation of a sidewalk within the Seabreeze Avenue right-of-way immediately abutting
the property described herein by Owner prior to the issuance of a certificate of
occupancy; and
WHEREAS, at the meeting of the Site Plan Review and Appearance Board of
February 7, 1996, the Board granted a waiver from the requirement of the installation of
a sidewalk pursuant to Land Development Regulation Section 6.1.3 (D) (1) (b); and
WHEREAS, there are currently no other sidewalks along Seabreeze Avenue;
and
WHEREAS, in order to provide conformity along the street the City Commission
voted to waive the requirement for the installation of a sidewalk until such time as it is
determined that sidewalks shall be required.
WITNESSETH
NOW, THEREFORE, in witness of the above, and in consideration of the City
agreement to waive the requirement for installation of a sidewalk, at this time, for the
property located at:
Lots 1-5, Casa la Bdsa, according to the Plat thereof, as recorded in Plat
Book 77, Page 57, of the Public Records of Palm Beach County, Flodda,
1. Owner agrees to construct a sidewalk, at its sole cost and expense, along
the Seabreeze Avenue right-of-way abutting the subject property, within a time pedod
that is acceptable to the City, after being requested to do so by the City. The sidewalk, if
and when constructed, shall meet all of the current ordinances of the City of Delray
Beach.
2. It is the intent of the parties that this Agreement shall run with the land.
This Agreement shall be recorded in the public records of Palm Beach County, Flodda
after the Plat for the subject property is recorded, and shall be binding on the parties
legal representatives, heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties to this Agreement set there hands and
seals this day of ,199 .
WITNESSES: OWNER: IR_/~~S, INC.
~l~rir~t n~m'e)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this , day of
,199 , by Cary D. Glickstein, President of Ironwood Properties, Inc., and he
SEAL: k?---'/ N.~;~C645813
~gnatUr~',~U~a~ Public
~ II~r-~nilly Known | ] Olher I.D.
State of ~
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor Jay Alpedn
Approved as to form and sufficiency:
City Attorney
VISTA DEL MAR DRIVE
D ORCHES TER
CO- OP
THOMAS STREET
2ND ST. ~ /
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LOWRY STREET
DELRA Y
VETERANS SUMMIT
PARK
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8ARR CA~tNO REAL
TERRACE HOLIDAY INN
CONDO Il
ATLANTIC AVENUE
.~ WA TERWA Y EAST
COMMERCIAL
":{ CONDO 0
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OCEAN PLACE
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~ CASA LA BRISA
PLANNING DEPARTMENT
OTY Ol:' OELRAY BEACH. FL
-- D/cIr,~L EASE ~P $~Jfg~ -- ~ REV: LUO01
[IT¥ OF DELRRV BEREH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Right of Entry and License Agreement for Sidewalk Construction - 1995
Atlantic Center Associates, Ltd.
The City installed the sidewalk within the easemem previously accepted by the City on
the west side of Gleason Street just south of Atlamic Avenue. As a result of the
construction, however, a gap now exists between the owner's existing sidewalk and the
new City sidewalk. In order to correct the situation, the City will install a new sidewalk
from the City sidewalk to the building entrance.
The attached agreemem will allow the City to install the sidewalk. Following
completion, the property owner shall maimain the sidewalk. Please call if you have any
questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Sharon Morgan, City Clerk's Office
Hoyt Owens, Deputy Director of Public Works
gleason4.dnt
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR SIDEWALK CONSTRUCTION
PROJECT: Gleason Street Sidewalk
PROJECT NO.. N/A
PARCEL NO.: 12-43-46-16-30-157-0010
PROPERTY OWNER: 1995 Atlantic Center Associates, Ltd.
P.O. Drawer 1929
Delray Beach, Florida 33447-1929
THIS AGREEMENT entered into this day of ,1997, by and between
the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as
CITY), and 1995 ATLANTIC CENTER ASSOCIATES, LTD., referred to as (OWNER),
provides as follows:
WHEREAS, the CITY desires to complete sidewalk construction and/or modifications
along the west side of Gleason Street, which is located at the property described in Exhibit "A";
and,
WHEREAS, the CITY has determined that the improvements are necessary to protect the
public health, safety and welfare; and,
WHEREAS, in order to complete said sidewalk construction, it is necessary for the CITY
to enter upon and perform various construction tasks on the following described property:
See Attached Exhibit "A"
and;
WHEREAS, as part of this project, the CITY will return the disturbed area to like or
better condition than prior to construction.
Page I of 3
NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing
to conduct the aforesaid construction, OWNER hereby grants unto the CITY, their employees,
agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of
OWNER for the purpose of constructing the project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed.
3. Upon completion of the sidewalk construction and acceptance by OWNER,
OWNER shall assume all maintenance responsibilities and liability for the sidewalk portions
constructed pursuant to this Agreement.
4. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
WITNESSES:
By:
Print Name:
(Name Printed or Typed) 1995 Atlantic Center Associates, Ltd.,
a Florida limited partnership
by: 1000 Associates, Inc., a Florida
corporation, general partner
(Name Printed or Typed) Paul S. Ferber, President
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of ,
1997 by (name of acknowledging partner or agent), partner
Page 2 of 3
(or agem) on behalf of (name of partnership), a partnership.
He/She is personally known to me or has produced (type of
idemification) as identification and did (did not) take an oath.
Signature of Notary Public - State
of Florida
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
gleason l.agt
Page 3 of 3
Beginning at a point on the South side of Atlantic Avenue in the City of Delray Beach
formerly the Town of Linton, 20 feet West of the Northeast comer of Block 157, as per plat
recorded in Plat Book 1, Page 25, Palm Beach County Land Records, as a Point of Beginning;
thence South on the West line of Gleason Street, as widened a distance of 193 feet; thence
West on a line parallel to Atlantic Avenue, a distance of 102.21 feet to a point; thence
Northerly 193 feet to a point on the South side of Atlantic Avenue 101.2 feet West of Point of
Beginning; thence East on the South side of Atlantic Avenue, a distance of 101.2 feet to the
Point of Beginning, the same being Lot 8 of Atlantic Palm Nursery Property, less the North 15
feet thereof for road right-of-way.
All of Block A, Less the North 7 feet thereof, and the North 25 feet of Lot 1, Block C, of
JOHN B. REID'S VILLAGE, Delray Beach, Florida, according to the Plat thereof, recorded
in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat
Book 21, Page 95.
Lot 7, Block C, JOHN B. REID'S VILLAGE, a subdivision in the City of Delray Beach,
Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded in Plat Book 21, Page 95.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~)Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting November 4, 1997
Special Event Request - Holiday Pageant Parade
DATE: October 28, 1997
Action
City Commission is requested to endorse the Annual Holiday Pageant Parade to be held
on December 13, 1997, to grant a temporary use permit per LDR's Section 2.4.6 (H) for
use of City property and right of way, and to provide staff support for traffic control,
barricades set up and take down, and clean up.
Background
We have received a request from William Wood, President of the Chamber of
Commerce on behalf of the Delray Beach Jaycees to conduct the Annual Holiday
Pageant Parade on December 13, 1997 and to provide City support in obtaining the
D.O.T. permit, provide police assistance, provide assistance for barricade set up and
take down, and clean up assistance. A copy of the parade route is attached.
Estimated overtime for the event is about $2,100.
Recommendation
Staff recommends approval of the event, the temporary use permit, and providing staff
support for traffic control, barricade set up and removal, and clean up. Staff also
recommends consideration of a waiver of the overtime costs up to 50 %.
RAB:tas
File:u:sweeney/agenda
Doc:Pageant.097
~9-19-97 RAB: Please prepare a response for ~Q ~
the City Manager's signature.
THANKS ! DTH/dr
SEP 2 2 1997
DELRAY BEACH AS S I STANT
Chamber of Comme~e CITY MANAGER
September 16, 1997 ~P ~~
Mr. Dave Harden '
Ci~ Manager
100 ~ 1st Avenue
Delray Beach, FL 33~
Dear Dave:
~e Chamber will be working with ~e Delray Beach Jaycees again ~s year to conduct ~e
a~ual Hohday Pageant Parade. ~ong wi~ ~e Jaycees, we would like to con~act wi~ ~e
Ci~ to orga~ze and ca~ out ~e a~ual Holiday Pageant Parade w~ch is scheduled for
December 13~ 1997. ~e parade should be~n promptly at 6:00 p.m.
Also, would you ask ~e En~neehng Depar~ent to apply for ~e D.O.T. pemit, "Request for
Tempora~ Closing of 8~ Road." We have already sent our nomal le~ers to ~e Coast
Guard and to the FEC wi~ ~oma~on on ~e parade. We have also submi~ed ~e parade
pemit to ~e Police Depamen[
We appr~iate ~e cihes assis~nce in de~aying some of the cos~ of ~s achvi~. ~e laycees
will submit the request for the $3~000 before the event so they can pay ~e bands earlier
year.
As always, ~a~ you for ~e cihes ou~nding pafficipa~on and help in mak~g ~ese even~
mn smoo~y and success~lly.
Sincerely,
~ood
President
hph~n
· Greater Delray Beach Chamber of Commerce · 64 SE 5th Ave. · Delray Beach FL 33483 · (561) 278-0424 FAX 278-0555
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City of Delray Beach Community Development Division
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director 6/f,~
FROM: Michael Simon, Interim Community Development Coordinator
DATE: October 28, 1997
SUBJECT: Community Development Block Grant Award
"I Have a Dream" Foundation
ITEM BEFORE THE COMMISSION
This is to request approval to execute agreement for the funding of the subject
Community Development Block Grant subrecipient.
BACKGROUND
The" I Have a Dream" Foundation of Delray Beach, located at the Delray Beach
Housing Authority, has requested funding in the amount of $4,645.00 to offset costs
associated with their 1996-97 Summer Tutorial Program. The Foundation made a
presentation for community support at the Annual Needs Assessment meeting held at
Pompey Park on June 12, 1997, where the community was in favor of allowing any
unused portion of the Social Service line item to be granted to the Foundation. The
Foundation's request for $4,645.00 can be accommodated with a portion of the unused
1996-97 CDBG Social Service budget.
Regulations 24CFR 570.503 require written agreements be executed prior to the
disbursement of funds to subrecipient organizations, specifying the work to have been
performed and reporting, among other necessary requirements. These agreements have
been developed in accordance with the stated regulations and have been reviewed by the
City Attomey for legal sufficiency.
RECOMMENDATION
Staff recommends approval to execute the required agreement and authorize payment of
the $4,645.00 in funding.
AGENDA REQUEST
Request to be placed on: Date: October 29.1997
Regular Agenda
Special Agenda
Workshop Agenda
xxxx Consent Agenda When: November 4. 1997
Description of item (who, what, where, how much):
Request approval to execute agreement for funding for the "I Have a Dream" Foundation
in the amount of $4,645.00. Funding to come from the CDBG account #118-1966-554-
83.01.
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the agreement for funding.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55).
Department Head Signature: ~<-~:'~C~-~ J~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~Y~~ O
Funding Alternatives: ~-'~u~-~x~.frc~v5 ["/elgc .n't> ~ ~c0 apr_cable)
Account No. & Description:
Account Balance: $
City Manager Review:
Approved for Agenda:~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun-l\cd\cdbgrant\agenform.doc
AGREEMENT FOR FUNDING AND ACCEt'FANCE
OF FUNDS FOR SUMMER TUTORING PROGRAM EXPENSES BETWEEN
THE CITY OF DELRAY BEACH AND THE "I HAVE A DREAM" FOUNDATION
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made
this day of , 1998 between the City of Delray Beach, hereinafter
referred to as "City" and the "I Have a Dream" Foundation of Delray Beach, hereinafter
referred to as the "Foundation", having its principal office located at 770 Southwest 12th
Terrace, Delray Beach, Florida is related to the provision, effective for Fiscal Year 1996 - 1997,
in the amount of $4,645.00 in Community Development Block Grant Funds to the Foundation
to partially pay the overall expenses associated with the Summer Tutoring Program upon the
following terms and conditions:
1. DEFINITIONS
a. "Foundation" means the "I Have a Dream" Foundation
b. "City" means the City of Delray Beach
c. "Program Income" means gross income received directly generated from
the use of CDBG funds.
2. STATEMENT OF WORK
The City agrees to disburse a one time payment of $4,645.00. The funding shall not
exceed the Commission approved dollar amount of $4,645.00. Release of funds shall be in
accordance with this Agreement and subject to the approval of the Community Development
Coordinator and the Director of Community Improvement.
3. RECORDS AND REPORTS
The Foundation agrees to provide to the City a summer program attendance and
enrollment roster which identifies the number of enrollees and levels of family income. This
report must be presented and approved in order for funds to be disbursed. Additionally, the
Foundation agrees to provide staff time sheets to the City reflecting actual time worked by the
CDBG grant-assisted positions. Payment to the Foundation will not be released without the
submission of the program report to the Community Development Division.
4. PROGRAM INCOME
The Foundation agrees to use the funds provided only for the overall budget needs of
the Summer Tutorial Program and that no part of CDBG funds will by used to generate
Program Income.
5. MONITORING
The Foundation agrees to make its records available to the City in order to assure
compliance with applicable Federal and local requirements. The Foundation further agrees to
allow access for site visitation by Federal Monitors as warranted.
6. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Foundation agrees to retain supporting documentation relating to the 1996
-1997 Summer Tutorial Program activities for a period of three years, dating from September
30, 1997.
7. OTHER PROGRAM REQUIREMENTS
The Foundation certifies that no person shall on the ground of race, color, national origin
or sex, be denied participation in the Foundation's program activities.
8. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination of this agreement
may occur if the Foundation materially fails to comply with any term of this Agreement. This
agreement may be terminated for convenience in accordance with 24 CFR 85.44.
9. This Agreement contains all of the parties binding representations to one another. Any
amendments or modification hereto must be in writing.
AGREEMENT FOR FUNDING AND ACCEPTANCE
OF FUNDS FOR SUMMER TUTORING PROGRAM EXPENSES BETWEEN
THE CITY OF DELRAY BEACH AND THE "I HAVE A DREAM" FOUNDATION
"I HAVE A DREAM" FOUNDATION
WITNESSES:
By:.
DIRECTOR
CITY OF DELRAY BEACH~ FLORIDA
By:.
Jay Alperin~ MAYOR
ATI'EST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATFORNEY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF NOVEMBER 4, 1997
EMERGENCY SERVICES AGREEMENT FOR FIRE AND EMS MUTUAL
ASSISTANCE AND AUTOMATIC AID/CITY OF BOCA RATON:
DATE: OCTOBER 31, 1997
This is before the Commission to approve an Emergency Services
Agreement for Fire and EMS Mutual Assistance and Automatic Aid
between the City of Delray Beach and the City of Boca Raton.
It is advantageous to enter into this agreement providing for
mutual assistance/automatic aid in times of emergency where the
need created may be too great for either party to deal with
unassisted, or where a closest unit response is in the public
interest.
Recommend approval of the Emergency Services Agreement with the
City of Boca Raton.
Agenda Item- No.: ~.~.
AGENDA REQUEST
Date: October 20, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November' _4, 1997
Description of' item (who, what, where, how much): Request approval of
Mutual Aid Agreement with City of Boca Raton.
(Example: .Request from Atlantic High School for $2,000 to fund
project graduation)..
ORDIKANCE/~RESOLUTION REQUIRED: YES/~X Draft Attached: ~/NO
Recommendation: Recommend approval, no fundin8 required.
(Example: RecOmmend· approval with funding from Special Events AccOunt
No. 001-3333-555-44.55).
Department Hea~ Signature:
City Attorney Review/ Recommendation (if applicable): Previously reviewed
by David Tolces on Sept. 16, 1997.
Budget Director Review (required on ali items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved
for
agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
BOCA RATON FIRE-RESCUE SERVICES
FIRE-RESCUE ADMINiSTRATIONe 2333 WEST GLADES ROAD® BOCA RATON, FL 33431 -7:311
BUSINESS OFFICE (561 ) 367-6700e FAX (561) 367-6750
October 14, 1997
John Tomaszewski
Assistant Chief
Delray Beach Fire Department
501 W. Atlantic Boulevard
Delray Beach, FL 33444
Dear Chief Tomaszewski:
The attached Mutual Assistance and Automatic Aid Agreement has been revised per your
request. Please proceed to submit the agreement to your City officials for appropriate signatures
on two original signature pages. We will then secure approval from our Council and provide you
with a fully executed agreement. If you have any further questions or concerns, please contact me
at 367-6718. Thank you for your assistance.
Sincerely,
BOCA RATON FIRE-RESCUE SERVICES
Jackie Mabesa
R & D Specialist
cc: Kerry B. Koen, Fire Chief
Robert Rehr, Fire Chief
- AN EQUAL OPPORTUNITY EMPLOYER -
Printed on recycled paper.
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF BOCA RATON AND THE CITY OF DELRAY BEACH
THIS AGREEMENT is made and entered into this day of ,1997, by and
between The City of Boca Raton, a Florida municipal corporation, by and through its City Council and
the City of Delray Beach, a Florida municipal corporation.
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for either
party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969", authorizes local governments to make the most efficient use of their power by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide semces and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities.
NOW, THEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be
given when properly requested so long as rendering the aid and assistance requested will not place the
assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following
information at the time the request is made:
The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications center.
The following officials of the participating parties are authorized to request aid and assistance under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2. Representative nd Contract Monitor: The City of Boca Raton's representative
and contract monitor during the performance of this Agreement shall be the Deputy Chief, whose
telephone number is ($61) 367-6722. The City of Delray Beach's representative and contract monitor
during the performance of this agreement shall be thc Assistant Chief of Operations, whose telephone
number is (561) 243-7400.
2
Section 3. Command Authority: In the event of an emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the
Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where
the emergency exists, but personnel responding to the call will remain under the cor-ranand of their own
officers at all times. Each party shall retain control over its personnel and the mmdition of services,
standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
when the Fire Chiefs have determined that improved response times or other forms of efficiency within
their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to
promulgate necessary adminislrative regulations and orders to implement and administer these plans and
procedures.
Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance
in the event it does not have the required equipment available or if, in its sole judgment, compliance with
the request would jeopardize the protection of its own jurisdiction.
Section 5. Employee Functions: No employee of either party to this Agreement shall perform
any function or service which is not within the employee's scope of duties as defined or determined by his
employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall,
in connection with this Agreement or the performance of services and functions hereunder, have a right to
or claim any pension, workers' compensation, unemployment compensation, civil service, or other
employee rights, privileges, or benefits granted by operation of law or otherwise except through and
against the entity by whom they are employed. No cmployee of either party shall be deemed the
employee of the other, for any purpose, during the performance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective
officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or
omissions of the other. Further, nothing herein shall be consmaed as a waiver of sovereigu immunity.
Section 8. Liability for Injury: All the privileges and immunities fi.om liability, exemptions
fi.om law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other
benefits which apply to ~ activity of the officers or employees of either party when performing their
respective functions, within the territorial limits for their respective agencies, shall apply to the same
degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to
personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel,
and owning or possessing such equipment.
Section 9. Remuneration: The cost of gasoline and other normal supplies used Tor mutual
assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that
certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or
other specialty products will be replaced by the agency requesting assistance, at thc sole discretion of the
agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance
may request reimbursement for any expenditure of goods or services directly from the persons, parties, or
company involved in, causing, or responsible for, the incident. All compensation for personnel shall bc
borne by the employing party. Ail cost of maintenance and upkeep of equipment shall be borne by the
party owning or possessing the equipment.
Section 10. Effective Date and Term: This Agreement shall take effect upon execution by both
parties and shall remain in full force and effect for a period of no less than five (5) years, expiring on
September 30, 2002, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days
prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall
exchange Capital Improvement Plans indicating projected locations and anticipated time frames for
construction of future fire stations within their respective jurisdictions and/or service areas. It is
understood that these plans may be modified subsequent to submission and said plans are subject to
subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in
part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration in the
terms or conditions of this Agreement shall be effective unless contained in a written document executed
with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the
parties and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement. This agreement is separate and distinct from the Fire-Rescue Interlocal
Emergency Services Agreement for Governmental Agencies in Palm Beach County.
Section 16. Equal Opportunity: Each party represents that it will not practice discrimination as it
relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion,
disability, age, marital status, national origin or ancestry.
4
Section 17. Annual Appropriations: Each party's performance and obligation under this
Agreement is contingent upon annual budgetary appropriations by its respective governing body for the
purposes hereunder.
Section 18. Remedies: This agreement shall bc construed by and governed by the laws of thc
State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach
Section 19. Records: Each party shall maintain all records pen-raining to the services delivered
under this Agreement for a period of at least three (3) years.
Section 20. Joint Preparation: The ly~eparation of this Agreement has been a joint effort of the
parties, and the resulting document shall not, solely or as a matter of judicial conslraint, be construed
more severely against one of the parties than the other.
Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation
of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the
other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or
related to, thc aid or assistance rendered under this agreement.
Section 22. Notices: All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to The City of Boca Raton shall bc mailed to:
Fire Chief
Boca Raton Fire-Rescue Services Department
2333 West Glades Road
Boca Raton, Florida 33431
and if sent to the City of Delray Beach shall be mailed to:
Fire Chief
Delray Beach Fire Department
501 West Atlantic Avenue
Dclray Beach Florida 33444
Each party may change its address up6n notice to the other.
Section 23. Captions: The captions and section designations hereto set forth are for convenience
only and shall have no subs~ntive meaning.
Section 24. F'ding: A copy of this Agreement shall bc filed with the Clerk of the Circuit Court in
and for Palm Beach County.
5
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized
officers on thc day and year first written above.
ATTEST: City of Delray Beach
By: By:
City Clerk Jay Alperin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY (SEAL)
ATTEST: CITY OF BOCA RATON, FLORIDA, BY ITS
CITY COUNCIL
By: By:
Candace Bridgwater Carol G. Hanson, Mayor
City Clerk
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
John O. McKirchy
Assistant City Attorney
[ITY I]F I]ELllAY BEA[H
CITY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE ° DELRAY BI~ACH' FLORIDA 33444
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
~ POLICE LEGAL ADVISOR
Ali.America City
® TO' David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: October 23, 1997
SUBJECT: Lake Ida Substation Lease
Attached for your review and insertion on the Consent Agenda are two copies of
the above-referenced agreement. With this lease, the Police Department will be
able to open a substation in the Lake Ida Shopping Center. These substations
have shown themselves to be an effective tool in deterring criminal activity and
bringing law enforcement closer to the community.
Liability has not increased for the City as laid out in the provisions of Sections
20(A) and (E) of the agreement. In light of the success of the other substations
in the City, it is urged that this agreement be approved.
Feel free to contact me if I can be of further assistance in this matter.
EDH:Ibg ~f/¢~'
Attachment
c: Susan Ruby, City Attorney
Allison MacGregor Harry, City Clerk
Richard Overman, Police Chief
Harden13 doc/memo$/citymang
Printed on Recycled Paper
COMMERCIAL LEASE
BY THIS AGREEMENT made and entered into on ,
1997 between MDN LAKE IDA, INC. herein referred to as Lessor, the CITY OF
DELRAY BEACH, herein referred to as Lessee. Lessor leases to Lessee the
premises situated at 600 North Congress Avenue in the City of Delray Beach,
County of Palm Beach, State of Florida, and more particularly described as
follows: 600 North Congress Avenue, #420, Delray Beach Florida 33445,
together with all appurtenances, for a term of two (2) years to commence on
October 1, 1997 and to end on December 31, 1999 at 11:59 P.M.
1. Rent. Lessee agrees to pay, without demand, to Lessor as
rent for demised premises the sum of One Dollar ($1.00) per year upon
execution of the agreement and upon the anniversary date of the agreement.
Lessee agrees to send payment to 6865 Southwest 18th Street, Suite 10, City of
Boca Raton, State of Florida, 33433, or at such other place as Lessor may
designate.
2. Quiet Enjoyment. Lessor covenants that on paying the rent
and performing the covenants herein contained, Lessee shall peacefully and
quietly have, hold, and enjoy the demised premises for the agreed term.
3. Use of Premises. The demised premises shall be used and
occupied by Lessee exclusively as a police substation, and neither the premises
nor any part thereof shall be used at any time during the term of this lease by
Lessee for the purpose of carrying on any business, profession, or trade of any
kind, of for any purpose other than as a police substation. Lessee shall comply
with all the sanitary laws, ordinances, rules, and orders of appropriate
governmental authorities affecting the cleanliness, occupancy, and preservation
of the demised premises, and the sidewalks connected thereto, during the term
of this lease.
4 Condition of Premises. Lessee stipulates that he has
examined the demised premises, including the grounds and all buildings and
improvements, and that they are, at the time of this lease, in good order, repair,
and a safe, clean, and tenantable condition.
5. Assignment and Subletting. Without the prior written
consent of Lessor, Lessee shall not assign this lease, or sublet or grant any
concession or license to use the premises or any part thereof. A consent by
Lessor to one assignment, subletting, concession, or license shall not be
deemed to be a consent to any subsequent assignment, subletting, concession,
or license. An assignment, subletting, concession, or license without the prior
written consent of Lessor, or an assignment or subletting by operation of law,
shall be void and shall, at Lessor's option, terminate this lease.
6. Alterations and Improvements. Lessee shall make no
alteration to the buildings on the demised premises or construct any building or
make other improvements on the demised premises without the prior written
consent of the Lessor. All alterations, changes, and improvements built,
constructed, or placed on the demised premises by Lessee, with the exception of
fixtures removable without damage to the premises and movable personal
property, shall, unless otherwise provided by written agreement between Lessor
and Lessee, be the property of Lessor and remain on the demised premises at
the expiration or sooner termination of this lease.
7. Damage to Premises. If the demised premises, or any part
thereof, shall be partially damaged by fire or other casualty not due to Lessee's
negligence or willful act or that of his employee, family, agent, or visitor, the
premises shall be promptly repaired by Lessor and there shall be an abatement
of rent corresponding with the time during which, and the extent to which, the
leased premises may have been untenable; but, if the leased premises should
be damaged other than by Lessee's negligence or willful act or that of his
employee, family, agent or visitor to the extent that Lessor shall decide not to
rebuild or repair, the term of this lease shall end and the rent shall be prorated
up to the time of the damage.
8. Dangerous Materials. Lessee shall not keep or have on
the leased premises any article or thing of a dangerous, inflammable, or
explosive character that might unreasonably increase the danger of fire on the
leased premises or that might be consider hazardous or extra hazardous by any
responsible insurance company.
9. Utilities. Lessee shall be responsible for arranging for all
utility services required on the premises. Lessor shall pay for all utilities from
October 1, 1997 through September 30, 1998. From October 1, 1998 until the
end of the lease, Lessee shall pay for 75% of all utility costs and the Lessor shall
pay 25% of all utility costs. Lessee shall provide Lessor with a monthly invoice
which shall indicate the amount Lessor owes for the utilities. Within ten (10)
days of receipt of the invoice, Lessor shall provide Lessee with a check made
payable to the City of Delray Beach for the amount owed.
10. Maintenance and Repair. Lessee will, at his sole expense,
keep and maintain the leased premises and appurtenances in good and sanitary
condition and repair during the term of this lease and any renewal thereof. In
particular, Lessee shall keep the fixtures in the leased premises in good order
and repair; keep the furnace clean; keep the electric bells in order; keep the
walks free from dirt and debris; and at his sole expense, shall make all required
repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures
whenever damage thereto shall have resulted from Lessee's misuse, waste, or
neglect or that of his employee, family, agent, or visitor. Major maintenance and
repair of the leased premises, not due to Lessee's misuse, waste, or neglect or
that of his employee, family, agent, or visitor shall be responsibility of Lessor or
his assigns.
11. Animals. Lessee shall keep no domestic or other animals
on or about the leased premises without the written consent of Lessor.
12. Right of Inspection. Lessor and his agents shall have the
right at all reasonable times during the term of this lease and any renewal
thereof to enter the demised premises for the purpose of inspecting the premises
in all buildings and improvements thereon.
13. Display of Signs. During the last 30 days of this lease,
Lessor or his agent shall have the privilege of displaying the usual "For Sale" or
"For Rent" or "Vacancy" signs on the demised premises and of showing the
property to prospective purchasers or tenants. Lessee shall be allowed to
display signs identifying the unit as a Police Sub-station during the period of the
lease.
14. Subordination of Lease. This lease and Lessee's
leasehold interest hereunder are and shall be subject, subordinate, and inferior
to any liens or encumbrances now or hereafter placed on the demised premises
by Lessor, all advances made under any such liens or encumbrances, the
interest payable on any such liens or encumbrances, and any and all renewals
or extensions of such liens or encumbrances.
15. Holdover by Lessee. Should Lessee remain in possession
of the demised premises with the consent of Lessor after the natural expiration
of this lease, a new month-to-month tenancy shall be created between Lessor
and Lessee which shall be subject to all the terms and conditions hereof but
shall be terminated on thirty (30) days written notice served by either Lessor or
Lessee on the other party.
16. Surrender of Premises. At the expiration of the lease term,
Lessee shall quit and surrender the premises hereby demised in as good state
and condition as they were at the commencement of this lease, reasonable use
and wear thereof and damages by the elements excepted.
17. Default. If any default is made in the payment of rent, or
any part thereof, at the times hereinbefore specified, or if any default is made in
the performance or of compliance with any other term or condition hereof, the
lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may
re-enter the premises and remove all persons therefrom. Lessee shall be given
written notice of any default or breach, and termination in forfeiture of the lease,
shall not result if, within thirty (30) days of receipt of such notice, Lessee has
corrected the default or breach or has taken action reasonably likely to effect
such correction within a reasonable time. Likewise, if any default is made in the
performance of or compliance with any other term or condition hereof, the lease
at the option of Lessee, shall terminate and be forfeited, and Lessee may vacate
the premises and remove all persons and personal property therefrom. Lessor
shall be given written notice of any default or breach, and termination in
forfeiture of the lease, shall not result if within thirty (30) days of receipt of such
notice, Lessor has corrected the default or breach or has taken action
reasonably likely to effect such correction within a reasonable time.
18. Abandonment. If at any time during the term of this lease Lessee
abandons the demised premises or any part thereof for a period of thirty (30)
days or more, Lessor may, at his option, enter the demised premises by any
means without being liable for any prosecution therefor, and without becoming
liable to Lessee for damages or for any payment of any kind whatever, and may,
at his discretion, as agent for Lessee, relet the demised premises, or any part
thereof, for the whole or any part of the then unexpired term, and may receive
and collect all rent payable by virtue of such reletting. If Lessor's right of re-
entry is exercised following abandonment of the premises by Lessee, then
Lessor may consider any personal property belonging to Lessee and left on the
premises to also have been abandoned, in which case Lessor may dispose of all
such personal property in any manner Lessor shall deem proper and is hereby
relieved of all liability for doing so.
19. Binding Effect. The covenants and conditions herein
contained shall apply to and bind the heirs, legal representatives, and assigns of
the parties hereto, and all covenants are to be construed as conditions of this
lease.
20. Other Terms:
A. Sovereign Immunity. Nothing herein shall be shall be
deemed a wavier of the city's sovereign immunity as set forth in Florida Statute
768.28.
B. Repairs Prior to Enter. Lessor shall be responsible for all
repairs, and establishing the premises in good condition on the interior prior to
entry, by Lessee. The Lessor shall be responsible for all repairs and
establishing the premises in good condition on the exterior, prior to entry by
Lessee.
C. Lease Termination. Either party may terminate this lease
without cause on 30 days notice, in writing, to the other party. If the Lessor
elects to terminate the lease pursuant to this section, Lessor agrees to assume
4
all costs for vacating the premises, including Lessee's costs, which costs will not
exceed $1,000.00.
D. Subordination. Lessee hereby agrees that this lease is
and shall be subject to and subordinate to the lien of any mortgaged(s), and/or
the lien resulting from any other method of financing or refinancing, which now
or subsequently may encumber the land and buildings of which the premises are
a part or upon any buildings hereafter placed upon the land of which the
premises are a part, and to all term, conditions, and provisions thereof, to all
advances made or to be made upon the security thereof, and to any renewals,
extensions, modifications or replacements thereof. Lessee further agrees that
this Section shall be self-operative, without any further instrument, such as a
subordination agreement being required, however, Lessee agrees to promptly
execute and deliver to Landlord, within five days of Landlord's request, any
independent instrument or instruments evidencing such subordination, in a form
and content which may be satisfactory to Landlord's mortgagee(s), and, in
default of Lessee's so doing, Landlord is hereby empowered to execute such
instrument(s) in the name of Lessee and as the act and deed of Lessee, this
authority being hereby declared to be coupled with an interest and irrevocable.
Lessee further agrees that Lessee shall, from time to time during
the original or any renewal term thereof, promptly execute and deliver to Lessor,
within five days of Lessor's request, a statement certifying that this lease is in full
force and effect, the date through which other charges hereunder have been
paid, and/or any other factual matters requested by the Lessor; in default of
Lessee's so doing, Lessor is hereby empowered to execute such statement in
the name of Lessee and as the act and deed of Lessee, this authority being
hereby declared to be coupled with an interest and irrevocable.
In the event any proceedings are brought for the foreclosure of, or
in the event of exercise of power of sale under, any mortgage(s) made by the
Lessor covering the premises or in the event a deed in lieu of foreclosure of any
such mortgage, Lessee shall attorn to the purchaser, or grantee, in lieu of
foreclosure, upon any such foreclosure or sale and recognize such purchaser, or
grantee in lieu of foreclosure, as the Lessor under this lease.
E. Insurance. To the extent permitted by law, Lessor shall be
held harmless by Lessee from any liability for damages to any person or any
property in or upon the premises including the person or property of the Lessee
and its employees and all persons in the premises at its or their invitation, unless
such damage is caused by the negligence, malicious acts and/or willful or
wanton acts of Lessor's employees, agents, officers and/or officials. This
provision shall not waive the City's rights and privileges granted to its pursuant
to Florida Statute 768.28. All property kept, stored or maintained on the
premises shall be done so at the risk of Lessee only. Upon completion of any
work permitted to be performed by Lessee under this lease, Lessee shall furnish
Lessor with waivers and affidavits confirming that all contractors, subcontractors,
laborers and material men who have performed work on the premises or
supplied materials incorporated in the premises have been paid in full. Such
waivers and affidavits shall be in form acceptable to the Landlord and in
accordance with the applicable Florida Statutes.
Notwithstanding any other provision in this lease to the contrary,
the Lessee shall have no power or authority to permit construction, mechanic's
material men's or other liens to be placed upon the leased property in
connection with maintenance, alterations, modifications or otherwise. The
interest of the Lessor shall not be subject to liens for improvements made by the
Lessee. The Lessor shall not be liable for any work, labor or materials furnished
to the premises by or through the Lessee or anyone claiming through the
Lessee. No construction liens or other liens for any such work, labor or
materials shall attach or affect the interest of the Lessor in and to the premises.
The Lessor intends to record a notice as set forth in Section 713.10 of the
Florida Statutes.
In the event the foregoing exemption from the Florida Lien Law is
held invalid for any reason by a Court of competent jurisdiction, or in the event
the Lessor has not fully complied with the provisions of Section 713.10, Florida
Statutes, to perfect such exemption, and should construction liens or claims
thereof be filed against the premises or any portion thereof, and/or any portion of
the development owned by Lessor in which the premises are located by reason
of Lessee's acts or omissions or because of a claim against the Lessee, the
Lessee shall cause the lien to be canceled and discharged or record by bond or
otherwise within ten days and after receipt of notice from the Lessor. Should the
Lessee fail to cause such lien to be so discharged or bonded, the Lessee shall
be in default under this lease, and the Lessor may exercise any remedy provided
hereunder with respect to a default upon the part of Lessee or in lieu thereof
may, with the 60 days next following the Lessee's failure, discharge the same by
paying the amount so paid and all costs and expense incurred by the Lessor,
including reasonable attorneys' fees, in processing such discharge.
IN WITNESS WHEREOF, the parties have executed this lease at
City of Delray Beach, Florida, day and year first above written.
6
MDN LAKE IDA, INC.
a Florida Corporation
By:
Print Name: (CORPORATE 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 MDN LAKE IDA, INC., a FLORIDA (state or place of
incorporation) corporation, on behalf of the corporation.
Signature of Notary Public -
State of
Print, Type or Stamp Name of
Notary Public
By:
City of Delray Beach, Lessee MDN LAKE IDA, INC., Lessor
by Mayor Jay Alperin
ATTEST:
City Clerk
Approved as to form and
Legal Sufficiency:
City Attorney - Delray Beach
DISTRCT1 . docldoclagreernenlsubsUea
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director///~/~
From: Michael Simon, Acting Community Development CoordinatorZJf2¢
Date: October 29, 1997
Subject: Delray Beach Renaissance Program Subsidy Recipient
ITEM BEFORE THE COMMISSION:
City Commission authorization and approval to issue subsidy to one eligible applicant under the
Delray Beach Renaissance Program.
BACKGROUND:
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City
Commission on January 23, 1996. In partnership with the Delray Beach Community Development
Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing
Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we
are committed to providing homeownership opportunities to 80 homebuyers through new
construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An
agreement to extend the program for one additional year has been approved by all partners.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community
Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The
seminar includes training and information on financial planning, credit and borrowing, budgeting,
fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the amount
of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for
a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are
forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION:
Staff is recommending City Commission approval to fund subsidy for the eligible applicant of
the following properties: Lot 101/102, Delray Manor addition to Delray/$3,510.00
AGENDA REQUEST
Request to be placed on: Date: October 29.1997
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: November 4. 1997
Description of agenda item:
Authorization and approval to issue subsidy to one eligible applicant under the Delray
Beach Renaissance Program totaling $ 3.510.00
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy award. Funds are to be awarded from State
Housing Initiatives Program (SHIP) dollars.
SHIPtotal $3,510.00 AccountNo. 118-1924-554-83.01
Department Head Signature:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (Y~E~fNO
( Funding Alternatives: (if applicable)
Account No. & Des;ription: il --Iqgq-'DD4-
Account Balance: I ¢cl ~ 21 ~
City Manager Review:
Approved for Agenda: E~O ~/5¢~
Hold Until: ·
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun- 1 \cd\cdbgrant\agenform.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION no CENSUS TRACT 68.01
NAME Headson O. Blake
PROPERTY ADDRESS 701 SW 9th St., Delray Beach
LEGAL DESCRPTION Lots 101/102~ Delray Manor addition to Delray
% OF AREA MEDIAN HOUSEHOLD INCOME 63 # IN HOUSEHOLD 4
COST OF HOUSE $59~836 COST OF LOT $ CLOSING COSTS $3,658.19
TOTAL TRANSACTION $ 63,494.19
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 56,300.00 CFC Bank
RATE 7.50 %
LTV 89.0 %
SECOND MORTGAGE $ 3,510.00 Ci_ty of Delray, SHIP
$ CRA of Delray
$ Housing Authority
THIRD MORTGAGE $ 2,400.00 Federal Home Loan Bank
GRANT $ HTF "A"
CITY PERMIT FEES WAVIED $
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 500.00
Paid at closing $ 479.19
TOTAL TRANSACTION $63,494.19 subreqst.wpd
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';ROVES OF DELRAY
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting November 4, 1997
Ratification - New Board Members Old School Square
DATE: October 28, 1997
Action
City Commission is requested to ratify the slate of new board members being appointed
to Old School Square.
Background
Per our Management Agreement with Old School Square, City Commission is required
to ratify new members appointed to the Board of Directors. This approval is for
ratification purposes only.
The following slate of appointees to serve a one year term beginning October 1997,
which can be renewed for two 3-year terms is as follows:
Robert Chapin - Chapin, Armstrong & Ballerano
Paul Xylander - SunTrust Bank
Carol Rubin - Sun-Sentinel
Gerald Diamond - Diamond Company
Recommendation
Staff recommends ratification of the slate of new board members for Old School Square.
RAB/tas
File:u:sweeney/agenda
Doc:ossboard.098
responsibility for operation of the facility, including, but
not limited to the establishment of budgets, the submission of
state and federal grants, the solicitation of private grants
and donations, the determination and establishment of programs
by Old School Square, Inc. and the maintenance of the interior
improvements by Old School Square, Inc.; and to clarify the
procedures regarding maintenance of the exterior site by the
City, pursuant to the lease.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE
PARTIES AGREE AS FOLLOWS:
1. The above WHEREAS clauses are true and correct
and are incorporated herein by reference.
2. Board of Directors - Old School Square, Inc.
shall be governed by the voting members of the Board of
Directors. The Board of Directors shall be selected and
perform all duties and responsibilities pursuant to the
Articles of Incorporation and By-laws of Old School Square,
Inc., as they now exist or as they may be amended from time to
time.
(a) Old School Square, Inc., shall submit to the
City Commission on an annual basis the names of those elected
to membership on the Board of Directors, for the purpose of
ratification of the electees by the City Commission.
(b) All meetings of the Board of Directors shall be
duly advertised and open to the public in accordance with the
2
Old
School
Square The Board of Directors
C U L T U R A L
^ ~ T s c ~ ~ T ~ ~ FROM: The Nominating Committee
RE: New Board Positions and Officers for 1997-98
DATE: October 20, 1997
The following have accepted board positions starting October 1997 for a one
year term to be renewed for two three year terms. Also included is the current
board members and terms.
Bob Chapin Chapin, Armstrong & Ballerano
Paul Xylander SunTrust
Carol Rubin Sun-Sentinel
Gerald Diamond Diamond Company
Proposed slate of officers:
Bob Chapin President
Bill Swaney Vice President
Rose Sloan Past President
RJ Simms Treasurer
Judy Ezzes Secretary
Proposed additions to Honorary Board of Directors:
Frank Wheat Gl-ingle, Doherty & Wheat
Pat Jones Retiring Board Member
Jay Alperin Mayor, Delray Beach
Mary McCarty Commissioner
George Elmore Hardrives of Delray, Inc.
Ex-Officio
Donna Weldon Pine Grove Public Relations Liaison
Tom Pearson Pine Grove Magnet Coordinator
Old School Square Volunteer Liaison
TBA
Old School Square, Inc.
51 North Swinton Ave.
Delray Beach, Florida 33444
(561) 243-7922
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~ ?
SUBJECT: AGENDA ITEM # ~. ~. - MEETING OF NOVEMBER 4, 1997
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: OCTOBER 31, 1997
This is before the Commission to ratify various actions approved
by the SCRWTD Board at its meeting of October 16, 1997. By a
vote of 8-0 the Board approved the following:
· Authorization to expend $20,000 from sinking fund on an
emergency basis to repair #5 effluent pump.
· Authorization to enter into a lease agreement with Omnipoint
Communication Services to construct a monopole on the
northeast corner of South Central's property.
· Authorization to increase J. J. Kirlin's contract for the
northwest reuse project from $4,539,795 to $4,595,784 to
cover $55,989 of change orders.
· Authorization to increase Ric Man's contract for the
northwest reuse project from $2,477,738.09 to $2,535,701.75
to cover $57,963.66 of change orders.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
ROBERT J. HAGEL /~~ Telephone
Executive Director ~ (407) 272-7061 (407) 734-2577
Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk, Oelray Beach
FROM: Mary Ann Shumilla rigid' .~
DATE: October 17, 1997
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of October 16, 1997
which require signatures. Would you please place these on the Agenda for your next
Commission meeting.
Would you please contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 16, 1997, by a vote of 7-0, approve AUTHORIZATION TO EXPEND
;~20, 000 FROM SINKING FUND ON AN EMERGENCY BA SIS TO REPAIR #5 EFFLUENT
PUMP.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 16, 1997, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO
A A LEASE AGREEMENT WITH OMNIPOINT COMMUNICATION SERVICES TO
CONSTRUCT A MONOPOLE ON THE NORTH EAST CORNER OF SOUTH CENTRAL 'S
PROPERTY.
Bids received on September 9, 1997. Initial Lease Agreement $30,000 per year -
increases 3% in years 2-5. Board receives 50% of collocation rent.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
COF2Z. UI~ICATIONS SITE LEASE AGREEHE~?
This Co~unications Site Lease Agreenzent ("Agreement") is
entered into this day of , 1997, between
Omnipoint Communications MB Operations, Inc. ("Lessee") whose
address is 600 Ansin Boulevard, Hallandale, FL 33009, and the South
Central Regional Wastewater~Treat-ment and Disposal Board, with an
address of 1801 N. Congress Ave., Delray Beach, Florida 33445
("Lessor").
For good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. premises. Lessor is the owner of a parcel of land (the "Land")
located in the City of Delray Beach, County of Palm Beach, State of
Florida, more commonly known as 1801 N. Congress Ave., Delray
Beach, Florida 33445. The Land is more particularly described in
Exhibit A annexed hereto. Lessor hereby leases to Lessee and
Lessee leases from Lessor, approximately ten thousand (10,000)
square feet of the Land and all access and utility easements, if
any (the "Premises") as described in E¥~ibit B annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in
connection with the provision of communications services
("Permitted Use"). Lessor agrees to cooperate with Lessee, at
Lessee's expense, in making application-for and obtaining all
licenses, permits and any and all other necessary approvals that
may be required for Lessee's Permitted Use of the Premises.
3. Tests and Construction.. Lessee shall have the right at any
time following the full execution of this Agreement to enter upon
the Property for the purpose of making appropriate engineering and
boundary surveys, inspections, soil test borings, other reasonably
necessary tests and constructing the Lessee Facilities (as defined
in Paragraph 6(a) below).
4. Term. The term of this Agreement shall be five (5) years
commencing ninety (90) days after complete execution of this
Agreement or upon the commencement of the installation of Lessee
Facilities (hereinafter defined), whichever first occurs
("Commencement Date") and terminating on the fifth anniversary of
the Commencement Date (the "Term"), unless otherwise terminated as
provided in Paragraph 10. Provided Lessee is not then in default
under the terms of this Agreement, Lessee shall have the right to
extend the Term for four (4) successive periods of five (5) years
each (each a "Renewal Term") on the same terms and conditions as
set forth herein. This Agreement shall automatically be extended
for each successive Renewal Term unless Lessee notifies Lessor of
its intention not to renew prior to commencement of the succeeding
Renewal Term.
5. Rent. On the Commencement Date and on the first day of each
month thereafter, Lessee shall pay to Lessor as rent TWO THOUSAND
FIVE HUNDRED A_ND NO/100 DOLLARS ($2,500.00) per month ("Rent") plus
applicable Florida state sales tax. On each anniversary of the
ComMencement Date during the Term and Renewal Terms, the Rent,
exclusiwe of sales tax, shall be increased to an amount equal to
one hundred three percent (103%) of the annual Rent for the last
twelve-month period immediately prior to the adjustment (exclusive
of taxes). Further, Lessee shall pay rent and fee payable to
Lessor at the South Central Regional Wastewa~er Treatment and
Disposal Board, 1801 N. Congress Ave., Delray Beach, FL 33445;
Attention: Executive Director. Notwithstanding the foregoing,
Lessee may, at any time during the Term or any Renewal Term, elect
to pay Rent annually, in which event Rent shall be payable on the
first day of the month following the date Lessee makes such
election, prorated for the period from the first day of said
calendar month until the day prior to the Comr, encement Date, and
thereafter on each anniversary of the Commencement Date.
6. Facilities: Utilities: Access.
(a) Lessee has the right to erect, maintain and operate on
the Premises radio communications facilities, including without
limitation, an antenna tower or pole and foundation, utility lines,
transmission lines, air conditioned equipment shelter(s),
electronic equipment, radio transmitting and receiving antennas and
supporting equipment and structures thereto ("Lessee Facilities").
In connection therewith, Lessee has the right to do all work
necessary to prepare, maintain and alter the Premises for Lessee's
business operations and to install transmission lines connecting
the antennas to the transmitters and receivers. All of Lessee's
construction and installation work shall be performed at Lessee's
sole cost and expense and in a good and workmanlike manner. Title
to the Lessee Facilities shall be held by Lessee. All of Lessee
Facilities shall remain Lessee's personal property and are not
fixtures. Lessee has the right to remove all Lessee Facilities at
its sole expense within a commercially reasonable time, not to
exceed 90 days following the expiration or earlier tel-mination of
the Agreement; provided, Lessee repairs any damage to the Premises
caused by such removal. Upon termination, Lessee shall not be
required to remove any foundation more than one (1) foot below
grade level.
(b) Lessee shall pay for the electricity it consumes in its
operations at the rate charged by the servicing utility company.
Lessee shall have the right to draw electricity and other utilities
from the existing utilities on the Land or obtain separate utility
service from any utility company that will provide service to the
Land (including a standby power generator for Lessee's exclusive
use). Lessor agrees to sign such documents or easements as may be
reasonably required by said utility companies to provide such
2
service to the Premises, including the grant to Lessee or to the
servicing utility company at no cost to the Lessee, of an easement
in, over, across or through the Land as required by such servicing
utility company to provide utility services as provided herein;
provided such easements do not interfere or conflict with Lessors
operations on its dominant property. Any easement necessary for
such power or other utilities will be at a location acceptable to
the Lessor and servicing utility company.
(c) Lessee, Lessee's employees, agents, s%tbcontractors,
lenders and invitees shall have access to the Premises at its sole
risk of loss without notice to Lessor twenty-four (24) hours a day,
seven (7) days a week, at no charge. Lessor grants to Lessee, and
its agents, employees, contractors, guests and invitees, a non-
exclusive right and easement for pedestrian and vehicular ingress
and egress across that portion of the Land described in Exhibit B.
(d) Lessor shall maintain all access roadways from the
nearest public roadway to the Premises in a manner sufficient to
allow pedestrian and vehicular access at all times under normal
weather conditions. Lessor shall be responsible for maintaining
and repairing such roadway, at its sole expense, except for any
damage caused by Lessee's use of such roadways.
7. Removal Bond.
Lessee shall during the term of this Agreement at all times
maintain a performance bond with an insurer acceptable to the
Lessor insuring the removal of the Tower and approved leasehold
improwements upon the termination of this Agreement. The terms of
such removal bond shall be subject to the reasonable approval of
Lessor.
$. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner
that will not cause Interference to Lessor and other lessees or
licensees of the Property, provided t~at their installations
predate that of the Lessee Facilities. All .operations by Lessee
shall be in compliance with all Federal Communications Commission
("FCC") requirements. In the ewent Lessee's installation or
operation of the Lessee Facilities interferes with Lessor's
preexisting telemetry or radio equipment at the Property on the
Commencement Date of this Agreement, Lessor shall have the right to
terminate this Agreement upon notice to Lessee.
(b) Subsequent to the Commencement Date, Lessor shall not
permit itself, its lessees or licensees ~o install new equipment on
the Property or property contiguous thereto owned or controlled by
Lessor, if such equipment is likely to oause interference with
Lessee's operations. Such interference shall be deemed a material
3
breach by Lessor. In the event interference occurs, Lessor shall,
upon being advised of such interference by the Lessee, notify the
third party of such interference and it shall be the responsibility
of Lessor to cause such third party to eliminate same within ten
(10) days of notice, and failing to do so, Lessor shall terminate
its agreement with such third party and shall require the immediate
removal of the third party's equipment from the Tower. In the
event Lessor fails to comply with this paragraph, Lessee may
terminate this agreement, and/or pursue any other remedies
available under this Agreement, at law, and/or at equity.
9. Taxes. If personal property taxes or sales taxes are assessed,
Lessee shall pay any portion of such taxes directly attributable to
the Lessee Facilities. Lessee shall be responsible for paying any
and all ad valorem taxes assessed against the Property directly
relating to Lessee's installation and/or operation of the Lessee
Facilities at the Property. In the event Lessee is not separately
billed by The taxing authority for personal property or ad valorem
taxes under this Paragraph 9, Lessee shall pay such taxes to Lessor
within thirty (30) days of Lessee's receipt of the respective tax
bill or notice from Lessor of same.
10. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the
Lessee Facilities which are deemed Lessee's personal property and
not fixtures, and Lessee has the right to remove the same at any
time without Lessor's consent.
(b) Lessor acknowledges that Lessee has entered into a
financial arrangement including promissory notes and financial and
security agreements for the financing of the Lessee Facilities (the
"Collateral") with a third party financing entity (and may in the
future enter into additional financing arrangements with other
financing entities). In connection therewith, Lessor (i) consents
to the installation of the Collateral; (ii) disclaims any interests
in the Collateral, as fixtures or otherwise; and (iii) agrees that
the Collateral shall be exempt from execution, foreclosure, sale,
levy, attachment, or distress for any Rent due or to become due and
that such collateral may be removed at any time without recourse to
legal proceedings.
11. Term.i.nation. This Agreement may be terminated without further
liability on thirty (30) days prior written notice as follows: (i)
by either party upon a default of any covenant or term hereof by
the other party, which default is not cured within sixty (60) days
of receipt of written notice of default, provided that the grace
period for any monetary default is ten (10) days from receipt of
notice; or (ii) by Lessee for any reason or for no reason, provided
Lessee delivers written notice of early termination to Lessor not
later than thirty (30) days prior to the Commencement Date; or
(iii) by Lessee if it does not obtain or maintain any license,
permit or other approval necessary for the construction and
operation of Lessee Facilities; or (iv) by Lessee if Lessee is
unable to occupy and utilize the Premises due to an action of the
FCC, including without limitation, a take back of channels or
change in frequencies; or (w) by Lessee if Lessee determines that
the Premises are not appropriate for its operations for economic or
technological reasons, including, without limitation, signal
interference.
12. Destruction or Condemnation. If the Premises or Lessee
Facilities are damaged, destroyed, condemned or transferred in lieu
of condemnation, and in the event the same may not be repaired or
reconstructed within one hundred twenty (120) days following such
event, Lessee may elect to terminate this Agreement as of the date
of the damage, destruction, condemnation or transfer in lieu of
condemnation by giving notice to Lessor no more than forty-five
(45) days following the date of such damage, destruction,
condemnation or transfer in lieu of condemnation. If Lessee
chooses not to terminate this Agreement, Rent shall be reduced or
abated in proportion of the actual reduction or abatement of use of
the Premises.
13. ~nsurance. Lessee, at Lessee's sole cost and expense, shall
procure and maintain on the Premises and on the Lessee Facilities,
bodily injury and property damage instlrance with a combined single
limit of at least One Million and 00/100 Dollars ($1,000,000.00)
per occurrence. Such insurance shall insure, on an occurrence
basis, against all liability of Lessee, its employees and agents
arising out of or in connection with Lessee's use of the Premises,
all as provided for herein. Lessor shall be named as an additional
insured on Lessee's policy. Lessee shall provide to Lessor a
certificate of insurance evidencing the coverage required by this
paragraph within thirty (30) days of the Commencement Date.
14. Assignment and Subletting. Lessee may not assign, or
otherwise transfer all or any part of its interest in this
Agreement or in the Premises without the prior written consent of
Lessor; provided, however, that Lessee may assign its interest to
its parent company, any subsidiary or affiliate of it or its parent
company or to any successor-in-interest or entity acquiring fifty-
one percent (51%) or more of its stock or assets, subject to any
financing entity's interest, if any, in this Agreement as set forth
in Paragraph 10 above. Lessor may assign this Agreement upon
written notice to Lessee, subject to the assignee assuming all of
Lessor's obligations herein, including but not limited to, those
set forth in Paragraph 10 above. Notwithstanding anything to the
contrary contained in this Agreement, Lessee may assign, mortgage
pledge, hypothecate or otherwise transfer without consent its
interest in this Agreement to any financing entity, or agent on
behalf of any financing entity to whom Lessee (i) bas obligations
for borrowed money or in respect of guaranties thereof, (ii) has
obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligations under or with respect to
letters of credit, bankers acceptances and similar facilities or in
respect of guaranties thereof.
15. Warranty of.Title and Quiet Enjo.vmen%~ Lessor warrants that:
(i) Lessor owns the Property in fee simple and has rights of
access thereto and the Property is free and clear of all liens,
enc,,~rances and restrictions; (ii) Lessor has full right to make
and perform this Agreement; and (iii) Lessor covenants and agrees
with Lessee that upon Lessee paying the Rent and observing and
performing all the terms, covenants and conditions on Lessee's part
to be observed and performed, Lessee may peacefully and quietly
enjoy the Premises.
16. Repairs. Lessee shall be solely responsible to maintain the
Premises as well as the Tower constructed thereon and all leasehold
improvements installed by Lessee. Except as set forth in Paragraph
6(a), within a commercially reasonable time not to exceed 90 days
following the termination of this Agreement or expiration thereof,
the Lessee shall restore the Premises to the condition in which it
existed upon the execution hereof, reasonable wear and tear and
loss by casualty or other causes beyond Lessee's control excepted.
17. Hazardous Substances. Lessee agrees that it will not use,
generate, store or dispose of any Hazardous Material on, under,
about or within the Premises in violation of any law or regulation.
Lessor represents, warrants and agrees (i) that neither Lessor nor,
to Lessor's knowledge, any third party has used, generated, stored
or disposed of, or permitted the use, generation, storage or
disposal of, any Hazardous Material (defined below) on, under,
about or within the Premises in violation of any law or regulation,
and (ii) that Lessor will not, and will not permit any third party
to use, generate, store or dispose of any Hazardous Material on,
under, about or within the Premises in violation of any law or
regulation. Lessee agrees to defend, indemnify and hold harmless
Lessor and Lessor's partners, affiliates, agents and employees
against any and all losses, liabilities, claims and/or costs
(including reasonable attorney's fees and costs) arising from any
breach of any representation, warranty or agreement contained in
this paragraph. As used in this paragraph, "Hazardous Material"
shall mean petroleum or any petroleum product, asbestos, any
substance known by the state in which the Premises is located to
cause cancer and/or reproductive toxicity, and/or any substance,
chemical or waste that is identified as hazardous, toxic or
dangerous in any applicable federal, state or local law or
regulation. This paragraph shall survive the termination of this
Agreement.
18. ~fabilit¥ and Indemnity. Lessee shall indemnify and hold
Lessor harmless from all cla~ (including attorneys' fees, costs
and expenses of defending against such claims) arising from the
negligence or willful misconduct of Lessee or Lessee's agents or
employees in or about the Property.
19. ~iscellaneous...
(a) This Agreement constitutes the entire agreement and
understanding between the parties, and supersedes all offers,
negotiations and other agreements concerning the subject matter
contained herein. Any amendments to this Agreement must be in
writing and executed by both parties.
(b) If any provision of this Agreement is invalid or
unenforceable with respect to any party, the remainder of this
Agreement or the application of such provision to persons other
than those as to whom it is held invalid or unenforceable, shall
not be affected and each provision of this Agreement shall be valid
and enforceable to the fullest exWcent permitted by law.
(c) This Agreement shall be binding on and inure to the
benefit of the successors and permitted assignees of the respective
parties.
(d) Any notice or demand required to be given herein shall be
made by certified or registered mail, return receipt requested, or
reliable overnight courier to the address of the respective parties
set forth below:
Lessor: Lessee:
Executive Director Site Acquisitions
SCRWT&DB Omnipoint Communications MB
1801 N. Congress Ave. Operations, Inc.
Delray Beach, FL 33445 600 Ansin Boulevard
Hallandale, FL 33309
With a copy to:
Robert W. Federspiel, Esq.
501 East Atlantic Ave.
Delray Beach, FL 33483
Lessor or Lessee may from time to time designate any other address
for this DUrl0ose by written notice to the other party. Ail notices
hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed bythe laws of the State
of Florida.
(f) Lessor acknowledges that a Memorandum of Agreement in the
form annexed hereto as Exhibit C will be recorded by Lessee in the
official records-of the County where the Land is located. In the
event the Land is encumbered by a mortgage or deed of trust, Lessor
agrees to obtain and furnish to Lessee a non-disturbance and
attornment instrument for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the
Premises. Lessor shall cooperate by executing documentation
required by the title insurance company.
(h) In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this
Agreement, such party shall not unreasonably delay or withhold its
approval or consent.
(i) All Riders and Exhibits annexed hereto form material
parts of this Agreement.
(j) This Agreement may beexecuted in duplicate counterparts,
each of which shall be dee~med an original.
20. Tower Marking and LiqhtiD~ Requirements. Lessee acknowledges
that it shall be responsible for compliance with all Tower marking
and lighting requirements of the Federal Aviation Administration
("FAA") and the FCC. To the extent permitted by law, Lessee shall
indemnify and hold Lessor harmless from any fines or other
liabilities caused by Lessor's failure to comply with such
requirements. Should Lessee be cited by either the FCC or FAA
because the Tower is not in compliance and, should Lessee fail to
cure the conditions of noncompliance within the time frame allowed
by the citing agency, Lessor may either terminate this Agreement
immediately on notice to Lessee or proceed to cure the conditions
of noncompliance at Lessor's expense, which amounts may be deducted
from the Rent.
21. Governmental ApD~gvals. It is understood that it shall be
Lessee's sole responsibility to obtain, at Lessee's sole cost and
expense, any and all permits, consents and approvals from local,
state or federal governmental authorities as required by Lessee to
construct and operate the Lessee Facilities (collectively, the
"Governmental Approvals"). Lessor agrees to cooperate with Lessee
at no cost to the Lessee and to execute such documents reasonably
required to obtain theGowernmental Approvals. The making oft bis
Agreement does not constitute an abrogation of the Lessor's
governmental land development regulatory power, and the Lessee's
performance is contingent upon all such development approvals being
obtained. Should the city of Delray Beach or another governmental
authority agency with jurisdiction not approve any required
application for development approval prerequisite to the
installation or operation of tbe Lessee Facilities, this Agreement
shall become automatically null and void as if same never existed
and so as to not be the basis in any respect for a damage claim as
a result of such denied development order. Lessor represents that
Lessor's property (including the Premises), and all improvements
located thereon, are in substantial compliance with building,
life/safety, disability and other laws, codes and regulations of
applicable governmental authorities. Lessee will substantially
comply with all applicable laws relating to its possession and use
of the Property.
22. Casualty and Condemnation.
(a) If any part of the Communications Facility is damaged by
Fire, act of God, inclement weather, or other casualty (herein
"Casualty") so as to prevent the continued use of the Lessee
Facilities for the Permitted Use in a commercially reasonable
manner, then Lessee may terminate this Agreement by providing
written notice to Lessor within sixty (60) days of such Casualty,
which termination shall be effective as of the date of such
Casualty. Upon such termination, Lessee shall be excused from
paying any further Rent and shall be entitled to a return of any
prepaid rent made to Lessor to the extent of the unused, prepaid
Term; and further, Lessee shall remove Lessee Facilities and return
the Premises to the Lessor in the condition it was prior to this
Agreement. In the event Lessee does not elect to so terminate this
Agreement, then Lessee, at its cost, shall restore the Lessee
Facility to the condition existing prior to such damage.
(b) If any part of the Premises is taken by eminent domain,
or by a deed in lieu of condemnation, so as to prevent the
continued use of the Lessee Facility for the Permitted Use in a
commercially reasonable manner, then Lessee may terminate this
Agreement by providing written notice to Lessor, which termination
shall be effective as of the date of the vesting of title in such
taking. Upon such termination, Lessee shall be entitled to be
reimbursed for any prepaid Rent, and Lessee shall be entitled to
pursue its own separate award with respect to any taking by eminent
domain.
23. Sublea$inq/Rental Sharinq. Subject to Paragraph 14 herein,
and all permits and approvals from all governmental agencies having
jurisdiction, Lessee may lease or license space on the support
structure forming a part of the Site, in its equipment cabinets or
elsewhere on the Site to a third party for installation of
transmission, receiving or other types of equipment or facilities,
whether similar or dissimilar to Lessee's Site, on such terms and
conditions as Lessee, in its sole discretion, desires (a "Third
Party Lease"); provided, however, that Lessee shall pay, as
additional rent under this Agreement, fifty percent (50%) of all
rentals (net of all costs incurred by Lessee as a result or in
connection with such Third Party Lease) actually received by Lessee
pursuant to the Third Party Lease within thirty (30) days of
receipt of such revenue by Lessee including applicable sales tax
thereon. The foregoing shall not require Lessee to make additional
payments to Lessor resulting from Lessee's improvements, additions,
alterations or expansions for its o%~ benefit to Lessee's Site.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
LESSOR
Signed, sealed and delivered SCRWT&DB
in the presence of:
By:
witness
Print name: Print name:
Title:
Witness
Print name: Address:
APPROVED AS TO FORM:
Executed on day of , 199_.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day
of , 199 , by , as
of , who is
personally known to me or who has produced
as identification and who did (did not)
take an oath.
WITNESS my hand and official seal
Notary Public
Print name
My commission expires:
[SIGNATURE OF LESSEE ON FOLLOWING PAGE]
LESSEE
Signed, sealed and deliYered OMNIPOINT COMMUNICATIONS MB
OPERATIONS, INC.
in the presence of:
By:
Witness
Print name: Print name: Michael Kenniff
Title: General Manager
witness
Print name: Address: 600 Ansin Boulevard
Hallandale, F1 33309
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day
of , 1997, by Michael Kenniff, as General Manager of
0mnipoint Communications MB Operations, Inc., who is personally
known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal
Notary Public
Print name
My commission expires:
Executed on __ day of , 1997.
EXHIBIT A
TO
CO~I~h'ICATIONS SITE LEA~E A~R~F~M~NT
THE LAND
~-~IBIT B
TO
COMMUNICATIONS ~ITE LEASE AGREEMENT
THE PREMISES
Do not write above this line - this space reserved for recording
purposes
EXHIBIT C
Site Name: SCRWT&DB Site ID: WP1029-B
Memorandum of Communications Site I.~ Agreement
THIS MEMORANDUM evidences that a lease w~s made and entered imo by wr/~ten
Communications Site Lease Agreement ("Agreement") dated ,1997,
between South Central Regional Wastewalex Treamaent and Disposal Board ("Lessor"'), whose
adctress is 1801 N. Congress Ave., Delray Beach, Florida 334~5 and Omnipoint
Communications MB Operations, Inc., a Delaware corporation ('Lessee"), whose adctress is 600
Ansin Boulevard, I-I~llandale, Florida 33009 the terms and conditions of which are incorporated
herein by reference.
Such Agreement provides in part that Lessor leases to Lessee a ~ site located at 1801 N.
Cengress Ave., City of Delray Beach, County of Palm Beach, State of Florida, ~qthin the
property of Lessor which is described in Exhibit "A" attached hexeto, ,oAth grant of easement
for unxestricted fights of access there, to and to electric and telephone facilities for a term of five
(5) years commencing on the date which is ninety (90) days following the execution of the
Agreement or upon commencement of the instalhtion of the Lessee Facilities, whichever first
occurs, which term is subject to four (4) additional five (5) year extension periods by Lessee.
Not later than thirty (30) days follov~4ng the cancellation, term~n,tion or expiration of the
Agreement, Lessee will make, execute and deliver to ~r an instrument, in form and
substance reasonably satisfactory to Lessor, in recordable form, releasing this memorandum of
Communications Site Lease Agreement.
IN W1TNF_3S WHEREOF, the parties have execu~ this memorandum as of the day and y~x
first above written.
Signed, ~.aled and delivered in the ~ce of: 'LESSOR' - SCRWT&DB
Printed Name: Printed Name:
Title:
Ad~:
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
The foregoing instrument w-e.s ac'lmowledged before me this __ day of ,
1997, by , or by , a~
of South Central Regio-al Wastewater Treatment and Disposal Board.
lqeJsh¢ is pexsonal known to me or providcd as identification
and he/she did/did not take an oath.
(AFFIX NOTARIAL SEAL) (Officisl Notary Signature)
Notary Public, Sta~ o£
My Commission expires:
~xte~ type~ or Staz~ped Name of ~otary
Comm{~.~(m Number:.
Signed, sealed mad deliverex~ in the D'e.seace off 'I.~SSEE'
O,~Jpo/nt Commuaic~ions MB Ope~dons, Imc.
By:
Printed Name: Print/xi Name: Mieh~,q
Tide: General
Printed Name: Date:
HaLl~e, Florida 3~009
STATE OF FLORIDA :
COUNTY OF :
The fotegohag instatment ~s ackoowl~dged before m~ thi~ ~hy of , 1997, by
Michael Kmmiff, as Gene. ml Manager of Omaipoint Com,~,~;c~/on~ MB Opea~on% Inc., a Delaware corporation,
on ~ of the corporation. Hedshe i~ per~ known to me or provided
identification and he/she did/did not take ~n
(AFFIX NOTARIAL SEAL) (Official Notary $ilT~mre)
Not~ Public, ~ of
My Commission ~pir~:
~mmi~on N~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 16, 1997, by a vote of 7-0, approve AUTHORIZATION TO INCREASE J.
J. KIRLIN'S CONTRACT FOR THE NORTHWEST REUSE PROJECT FROM ;4,539, 795
TO ;4,595,784.00 TO COVER ;55,989.00 OF CHANGE ORDERS.
WHEREAS, said Board action requires ratification by the City of Boynton
Beach and the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 16, 1997, by a vote of 7-0, approve AUTHORIZATION TO INCREASE RIC
MAN'S CONTRACT FOR THE NORTHWEST REUSE PROJECT FROM ;2,477, 738.09
TO ;2,535,701.75 TO COVER ;57,963.66 OF CHANGE ORDERS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
MEMOR_~NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM ~ ~/~ - MEETING OF NOVEMBER 4, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 31, 1997
Attached is the Report of Appealable Land Use Items for the
period October 20th through October 31, 1997. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNIN~ A'NDZONING
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF NOVEMBER 4, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 20, 1997 THRU OCTOBER 31, 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 October 20,
1997 through October 31, 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 November 4, 1997
Page 2
A. Adopted on a 5 to 0 vote (Carbone and Bird absent) the Planning and
Zoning Department Work Program for FY 97/98.
The following items which were considered by the Board will be forwarded to
the City Commission for final action.
· Approved (5 to 0), the preliminary plat and certified the final plat as being
consistent with the preliminary plat for Darren's Ridge, a 8 unit townhouse
development, located on the west side of Florida Boulevard, at the
intersection of Florida Boulevard and Avenue "C".
· Recommended approval (5 to 0), of the abandonment of the alleyway
lying within Block 61, Town of Delray, associated with the proposed
Rectory Development, to be located at the southwest corner of Swinton
Avenue and West Atlantic Avenue.
· Recommended denial (5 to 0), of a conditional use modification
associated with the demolition of an existing gasoline station and
construction of a gasoline station with convenience store for Speedway,
located at the northwest corner of Barwick Road and West Atlantic
Avenue.
· Recommended approval (3 to 2, McCarthy and Schwartz dissenting), of a
rezoning from RL (Low Density Residential) to RM (Medium Density
Residential) for the Barbara Yake Property, located approximately 850
feet east of U.S. Highway I, north of Denery Lane, south of Royal Palm
Boulevard (extended) and immediately adjacent to the Intracoastal
Waterway.
· Recommended approval (5 to 0), of a rezoning from GC (General
Commercial) to AC (Automotive Commercial) for the Silk Garden Outlet
Site, located on the east side of Dixie Highway, approximately 175 feet
south of La Mat Avenue.
· Recommended approval (5 to 0), of an amendment to the Land
Development Regulations Section 2.4.3(K) increasing land development
application fees, Section 2.4.5 amending the definitions for site and
development plans and establishing a procedure for amendments to the
LDRs, Section 2.4.6 "Procedures for Obtaining Permits and Approvals"
and Section 2.4.7" Procedures for Obtaining Relief from Compliance with
Portions of the LDRs".
City Commission Documentation
Appealable Items Meeting of November 4, 1997
Page 3
· Recommended approval (5 to 0), of an amendment to the Land
Development Regulations Section 4.4.13(H) eliminating a maximum
density restriction on residential dwelling units within the Central Business
District (CBD), west of the Intracoastal Waterway.
· Tabled action (5 to 0), on an amendment to the Land Development
Regulations Section 6.1.3(C)"Sidewalk Construction Regulations" and
Section 6.1.4(C) "Driveway Construction Requirements".
1. Approved with conditions (7 to 0), the architectural elevation plan
associated with the construction of a ticket office at the Delray
Beach Tennis Center,
2. Approved (7 to 0), a request for a color change for 255 N.E. '10th
Street, an apartment complex located on the north side of N. E.
10th Street, east of N.E. 2nd Avenue.
3. Approved (7 to 0), a request for a color change and the
architectural elevation plan to allow the addition of a porte-cochere
to the rear of the Lake Ida Shopping Center for Youthland Day
Care Center, located at the southwest corner of Lake Ida Road
and Congress Avenue.
4. Approved (6 to 0, Branning stepped down), architectural elevation
change associated with the addition of store front windows for
Ocean City Lumber, located at the southeast corner of N.E. 1st
Street and N.E. 1st Avenue.
5. Approved (7 to 0), a request to change the architectural elevation
(awning addition) for the Leviathan Group Building, located at
the northeast corner of East Atlantic Avenue and N.E. 2nd Avenue.
6. Approved with conditions (7 to 0), the architectural elevation plan to
allow the addition of neon and recanvassing of an existing awning
for Carrabba's Italian Grill (formerly Scarlett O'Hara's) within the
Old Harbor Plaza, located at the northeast corner of Linton
Boulevard and U.S. Highway No. I.
City Commission Documentation
Appealable Items Meeting of November 4, 1997
Page 4
7. Approved with conditions (7 to 0), a minor site plan modification,
landscape plan and architectural elevation plan for Seacrest
Athletic Facility, an athletic facility for the Atlantic High School,
located on the west side of Seacrest Boulevard, north of N.E. 22nd
Street.
X. Approved (5 to 0, Turner and Diggans absent), a Certificate of
Appropriateness associated with renovations to the Old
Methodist Rectory, located on the west side of Swinton Avenue,
south of Atlantic Avenue (14 South Swinton Avenue).
Y. Tabled action (5 to 0), on a request for a Certificate of
Appropriateness to allow exterior renovations at the Masonic
Lodge Building, located at the southwest corner of East Atlantic
Avenue and S.E. 1st Avenue.
Z. Tabled action (5 to 0), on a request for a Certificate of
Appropriateness to allow the construction of a single family
residence located on the east side of S.E. 7th Avenue, between
S.E. 3rd Street and S.E. 4th Street - 327 S.E. 7th Avenue,
Other Items
Recommended approval on a 4 to 0 vote (Damiano late), the
designation of the Turner House, 145 N.E. 6th Avenue to the
Local Register of Historic Places.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF NOVEMBER 4, 1997
L-30 CANAL
!
IDA ROAD
LAKE
N.W. 2ND
$.W. 2~D
ATLANTIC
LOWSON BOULEVARD
LINTON BOULEVARD
BOULEVARD
?
L-58 CANAL C-15 CANAL
c,~' ,,M,TS ........... S.P.R.A.B. H.P.B.:
1. - DELRAY BEACH TENNIS CENTER X. - THE RECTORY
2. - 255 N.E. 10TH STREET Y. - MASONIC LODGE
i MILE
I 3, -- YOUTHLAND DAY CARE CENTER Z. - 327 S.E. 7TH AVENUE
I
I
4. - OCEAN CITY LUMBER
SCALE 5. -- LEVIATHAN BUILDING
6. - CARRABBA'S ITALIAN GRILL
(FORMER SCARLET O'HARA'S)
1,,,I
I~l 7. - SEACREST ATHLETIC FACILITY
CI3Y OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-I DIGIT~ ~4~E M-AP ~3~STE~ --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF NOVEMBER 4, 1997
APPROVAL OF PAYMENT/PUBLIC SAFETY SYSTEM ANNUAL SOFT-
WARE MAINTENANCE AGREEMENT
DATE: OCTOBER 31, 1997
This is before the Commission to consider approval of payment for
the HTE, Inc. Public Safety System annual software maintenance
agreement; providing technical support, software updates, and
maintenance services to the Police Department. HTE, Inc. is the
contractor which originally installed and implemented the
software.
Recommend approval of the agreement with HTE, Inc. in the annual
amount of $33,232.50, with funding from Other Repair & Mainten-
ance (Account No. 001-2113-521-46.90).
07~31)97 THU 12:43 FAX 561 243 3774 CITY' CLERK ~001
Agenda Zl:em NO.:
AGENDA
Date: 10/22/97
Reque-~t to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: November 4, 1997
Description of agenda l~em (who, what, where, how much): Annual
maintenance fee for the foll,owin~ HTE software, crimes management, CAD
and crackdo~, to HTE. Inc. fnr a tntm] ~n~t of
O~I~CE/ ~MOLUTI~ ~QUI~D: YES/~ Draft A~ached: YES/~
Recommendation: Approve pa~ent for technical and software support
~aimtenmnmm .~mrv4m~ to NTF_ In~. for a. tn~] nn~ n~ ~33.232.~0. . .
Funding from account code 001-211~521-46.~.~0.~
Department Mea~ Signature:
Dete~i~tion of Consistency wi~ Comprehensive P~an:
City Attorney Review/ Recommendation (if applicable):
Budget Direc=or Review (requirea on all items.involving expenditure
of funds):
Account Balance.'
City Managmr Review:
AD~rOv,~ for agenda: ~/ NO Z~
Agenda Coordinator Review:
.Receive~:
Action: ADDroved/Oisa~p~ove~
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ~
THROUGH: Joseph Sa~~ance Director
DATE: October 23, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 4, 1997 -APPROVE PAYMENT FOR
HTE PUBLIC SAFETY SYSTEM ANNUAL
SOFTWARE MAINTENANCE AGREEMENT
POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve payment for technical support and software
updates to HTE, Inc., for a total cost of $33,232.50.
Background:
HTE, Inc. is original contractor that installed and implemented the software, providing
technical support and maintenance services to the Police Department.
The Chief of the Police Department recommends payment for the annual maintenance of
the software and technical support to HTE, Inc. See attached invoice dated 8/25/97.
Recommendation:
Staff recommends payment to HTE, Inc., for the technical support and software service
maintenance for a total cost of $33,232.50. Funding from account code 001-2113-521-
46.20.q0_
Attachments
Invoice Dated 8/25/97
cc: Richard G. Overman, Police Chief
David Junghans, Administrative Services Director
agenda.doc
SERVICE INVOICE
Headquarters: ~
1000 Business Center Drive 0 8/2 $/97
Lake Mary, FL 32746
(407) 304-3235 5 14 2 91
DELR
App[ica[ion Solutions for Governmen[
~7~~ Due Upon Receipt
Richard Zuccaro Doc Type: MA
City of Delray Beach
100 NW First Avenue
Delray
Beach, FL 33444 ~
1
REMIT PAYMENT TO: HTE, INC. · P.O. Box 628258 · Orlando; FL 32862-8258
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUB~,0T: ~,ND~ IT~.~ ~ g.O. - ~.~,TIN~ O~ NOV~MB~.R ~, ~
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 31, 1997
This is before the Commission to approve the award of the
following bids and contracts:
1. Purchase award in the estimated annual amount of $14,494 to
Ferguson Underground, Inc. via City of Hialeah bid, for fire
hydrants, with funding from 442-5178-536-61.77, through
budget transfer from Project Reserves.
2. Bid award through a Palm Beach County co-operative bid, in
the estimated annual amount of $149,513.90 to various low
responsive bidders for chemicals and fertilizers, with fund-
ing from the Parks and Recreation Department, and the
Municipal and Lakeview Golf Course operating budgets.
3. Bid award in the amount of $16,677 to Rayside Truck &
Trailer, Inc. for interior modifications to the Police
Department SWAT vehicle, with funding from 001-2117-521-
64.20.
Agenda Item No.: -- /
AGENDA REQUEST
Request to be placed on: Date: October 27, 1997
_XX_Consent Agenda __Special Agenda __Workshop Agenda
When: November 4, 1997
Description of agenda item (who, what, where, how much): Bid Award to Ferguson
Underground, Inc. for the furnishing of Fire Hydrants, via The City of Hialeah Bid.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Ferguson Underground, Inc., at an estimated annual cost of
$14,494.00, via the City of Hialeah Bid, Furnishing of Fire Hydrants. Funding from account
#442-5178-536-61.77.
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: {~/NO
QFunding alternatives: ~j~r~' ~.te ~0~ ~ ~ applicable)_
Account No. & Des~cription: Oc,l
Account Balance: !0.~'_T~c) ~[,,~ 4rc~5.~-
City Manager Review:
Approved for agenda: ~/NO ff~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ~'
THROUGH: Joseph Safford, Finance Director
DATE: October 27, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 4, 1997 - PURCHASE AWARD FOR
FIRE HYDRANTS, VIA CITY OF HIALEAH BID
"FURNISHING OF FIRE HYDRANTS"
Item Before City Commission:
The City Commission is requested to approve the award for the purchase of Fire Hydrants
to Ferguson Underground, Inc., for an estimated annual cost of $14,494.00, via City of
Hialeah Bid.
Background:
The City of Delray Beach has a need for an annual contract for the purchase of fire
hydrants. These fire hydrants are available from the City of Hialeah bid, Furnishing of
Fire Hydrants, which was awarded on October 1, 1997 to Ferguson Underground, Inc.
The vendor has agreed to extend the same terms and pricing to the City of Delray Beach,
see attached memo dated October 13, 1997.
The Manager of Water/Sewer Network recommend award to Ferguson Underground, Inc.
per attached memo dated October23, 1997.
Recommendation:
Staff recommends award to Ferguson Underground, Inc. for an estimated annual cost of
$14,494.00. Funding from account #442-5178-536-61.77.
Attachments:
Letter from Ferguson Underground, Inc. Dated 10/13/97
Memo From Manager Water/Sewer Network Dated 10/23/97
City of Hialeah Award Letter Dated 10/2/97
Tabulation Sheet
cc: Dick Hasko, Acting Environmental Services Director
Mike Offie, Manager of Water/Sewer Network
agenda.doc
MEMORANDUM
TO: K. Butler, Buyer
FROM: Michael S. Offie
Manager Water/Sewer Network
SUBJECT: Fire Hydrants
DATE: October 23, 1997
The following are estimated quantities of Fire Hydrants needed for fiscal year
1997 - 1998.
36" Bury 10 Each x $645.00 = $ 6,450.00
42" Bury 6 Each x $655.00 = $ 3,930.00
48" Bury 4 Each x $679.00 = $ 2,716.00
60" Bury 2 Each x $699.00 - $ 1,398.00
T O T A L $14,494.00
Funding source for these items is 442-5178-536-61:77.
Thank you for your assistance,
~lic~ae~-S~. Off~e ~'~ - ,,.~'~'"~'~ --
cc: Richard Hasko, P.E., Acting Director Environmental Services
File
OCT 13 '97 1E:.57 .FROM UNDERGROUND POMPANO
PAGE. 001
I0/13/97 1~:41 ET liT: ~TII~T&S FII:F[II~OII ~~ TO:9~S P~ 2 ~f l
2361 R-~. 22~D ~T~T
~N~ ~B, ~L 33069-1394
Phon~: (954) 9~3-810G
~u: (954) 960-0895
F~om: Kenneth Lopez
To: Fax: : CATHY BUT~ER
Date: 13 OCT 1997
Subject: CITY OF HIALEAH ANNUAL HYD BID
URGENT! URGENT] URGENT! URGENT! URGENT! URGENT! URGENT! URGENT!
FERGUSON UNDERGROUND
2361 MW 22 ST
POMPANO BEACH FL 33069
CITY OF DELRAY
BEACH
DEAR, CATHY BUTLER
FERGUSON UNDERGROUND BILL EXTEND ANOFFERTO THE CITY OF DELl/AY BEACH
CONCERNING THE CITY OF HIALEAH ANNUAL CONTRACT FOR FIRE HYDRANTS. FERGU$ON
AGREES TO COMPLY WITH ALL THE TERMS UNDER THE EXISTING CONTRACT. THE
CONTRACT BEGINS ON OCTOBER 1, 1997 AND EXPIRES OCTOBER 1, 1998.
ALL HYDRANTS ~ NEATLY SHIPPBD IN PALLET QUANTIT[ES OF NINE.
WK APPRECIATE YOUR INTEREST IN. THIS CONTRACT AND LOOK FORWARD TO
SUPPLYING YOUR NEED.
S ][NCERELY YOURS
gO0[~ ¥IH ~; ~ A~ J~t~t(I gLOOL~O(~ ~V~I LO:gI NO~ L6/Lg/OI
Agenda Item No.' "~
AGENDA REQUEST
Date: October 29, 1997
Request to be placed on:,
Consent
XX ~ Agenda Special Agenda Workshop Agenda
When: November 04~ 1997
Description of agenda item (who, what, where, how much): Bid Award-
Bid #97-46 - Co-op Bid - Chemicals And Fertilizers - Annual Contract. Award to
Various vendors a't an estimated annual cost of $149,513.90 for the City of Delray
O~I~CE/ ~SOLUTION ~QUI~D: YES/NO Draft Attached: YES/NO
Recommendation: Award to various vendors at an estimated annual cost of $1A9 ,51%.q~ fnr the C~ty of De]ray Beach.
FundinE from the Parks And Recreation Department and the Delray Beach Municipal
Golf Course and Lakeview Golf Cour~-e~e~rating budgets various a~nt codes 52.26
pepartment Head Signature:~-----~~~ ~~~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: (~f~ NO
r~ Funding alternativ~~ ~5 ~~2-~c(J7-~ (if applicable)
Account No. & Description: q~ ~ ~_~',~
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
THROUGI--I: Goseph $ nce Director
DATE: October 29, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
NOVEMBER 04, 1997, BID AWARD - BID #97-46
CO-OP BID - CHEMICAL AND FERTILIZERS - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to make multiple awards to low responsive
bidders as stated below, at an estimated annual cost of $149,339.61 for the
City of Delray Beach.
Background:
The City of Delray Beach is the lead organization for this Palm Beach
County Co-operative Bid. Bids were received on October 01, 1997, from
fifteen (15) vendors, all in accordance with City purchasing policies.
(Bid #97-46. Documents on file in the Purchasing Office). A tabulation of
bids is attached for your review.
The City of Delray Beach Parks and Recreation and Golf Course staff have
met with Purchasing to review the bids received and recommend award to
vendors as listed below.
Vendor: Estimated Annual Amount:
Lesco Inc. $ 41,263 25
Terra 11,104 75
Helena Chemical 27,043 30
Howard Fertilizer 17,738 00
Melrose Supply 30,754 10
Harrell's Inc. 954 00
Parkway Research 450.00
DuCor International 357.00
Atlantic FEC 1,572.50
Scotts Company 16,200.00
Timberland Enterprises, Inc. 2,086.00
Total Estimated Annual Cost $149,513.90
Recommendation:
Staff recommends award to various vendors as outlined above. Funding from
the departments operating expense budget.
Attachments:
Memo To Co-op Members
Award Recommendations Per Item
City Of Delray Beach Requirements
Tabulation of Bids
cc: Joe Weldon, Director Parks And Recreation Ray Eubank, Parks Superintendent
Brahm Dubin, Delray Beach Municipal Golf Course
Tom Arendy, Delray Beach Municipal Golf Course
Co-op Members
[IT¥ DF DELRR¥ BER[H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993 October 29, 1997
Members of Cooperative Purchasing
Council of Palm Beach County
RE: Bid #97-46
"Co-op Bid Chemicals and Fertilizers"
Dear Members;
As the City of Delray Beach is the lead entity for this Co-op Bid, attached
you will find the City of Delray's recommendations for bid awards broken
down per item nuraber for Chemicals and Fertilizers.
The City of Delray Beach is recommending award to low bid per item. In
case of tie bids, each entity shall award based on vendor locations. In
case of minimum shipping requirements as stated by vendor(s), each entity
may choose to award accordingly to their quantities and shipping minimum
size requirements.
The City of Delray Beach plans to award at our Commission meeting of
November 04, 1997.
If you have any questions, please contact me at (407) 243-7163.
~Jacklyn Rooney
Purchasing Supervisor
Attachments
cc: City of Boca Raton
City of Greenacres
Solid Waste Authority
Town of Palm Beach
City of Lake Worth
City of Belle Glade
City of Boynton Beach
Village of Wellington
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Agenda Ztem No.: -"~-~
AGENDA REQ0~ST
Date: 10/22/97
Request to be placed on:
× Regular Agenda Special Agenda Workshop Agenda
When: November 4, 1997
DescriDtlon of agenda l=em (who, wha=, where, how much): This is a custom
built and installed interior for the department's SWAT vehicle. The' interior will
have storage areas~ a desk with cabine.ts.~., covers for the auxiliary generators,
a.~oof ladder_ w~th access and.~rab rails will be iB~talled. .._
ORDINANCE/ RESOLUTION REQUIIfl~D: YES/NO Draft A=~ached: YES/NO
Recommendation: Approve Award for interior modifications to Police Dept.
SWAT Vehicle to Rayside Truck'& Traile.r~. Inc. for a total cost of $.16.,~77.00
Fundin~ from account cqd_e ~801-2117-521-64.2Q
City Attorney Review/ Recommendation (if applicable):
Budget Direc=or Review (require4 on all items.involving expenditure
Funding availabl _ _ ~ O (O ~
Fun~ing al~erna~ive"8~--''~
Aoooun~ 8alano~ ~ Iq.~o
City Manager Review:
Approv,~ for agenda, ~/ NOr~~
Hol~ Uhtil:
Agenda Coordinator Review:
Receive~:
Ac=ion~ ApDrove~/Disapp~ovea
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer
THROUGH: Joseph Safford, Finance Director
DATE: October 29, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 4, 1997 - APPROVE AWARD FOR
INTERIOR MODIFICATIONS TO SWAT VEHICLE
POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve the award for interior modifications to the
Police Department SWAT Vehicle, to Rayside Truck & Trailer, Inc., for a total cost of
$16,677.00.
Background:
Only two (2) local vendors were qualified to perform the modifications as requested by
the Police Department (See attached quotes).
The Police Department recommends the award to low bidder, Rayside Truck & Trailer,
Inc., for a total cost of $16,677.00.
Recommendation:
Staff recommends the award to the low bidder Rayside Truck & Trailer, Inc., for a total
cost of $16,677.00. Funding from account code 001-2117-521-64.20
Attachments
Memo From Police Department Dated 10/24/1997
Quotations Received From Rayside Truck & Trailer, Inc. Dated 6/4/97
Quotation Received From Custom Fabrication Dated 4/25/97
cc: Richard G. Overman, Police Chief
David Junghans, Administrative Services Director
agenda.doc
DELRAY BEACH
Delray Beach Police Department ~
(561) 243-7888 Fax (561) 243-7816
llll
MEMORANDUM
TO: Jackie Rooney, Senior Buyer I~
FROM: David Junghans, Administrative Services Di
DATE: October 24, 1997
SUBJECT: SWAT VEH!CL, I~
Attached are the requested supporting information for purchase order request
#,57317 (Commission Agenda request and quotes).
This request is for the required, and FY 98 budget approved, intedor modification
to the department's SWAT vehicle.
Additional questions should be addressed to me at x7852.
DJ/ppt
Attachments
JUN- 4-97 NED 14:10 Rarside T&Ti Oharles
.~ Ra~side Truck & Trailer, Inc. B-
2983 S. Mtlitar~ Tra~l West Palm Beach, FL 33415
Palm Beach (407) 965-7950 Watts (800) 272-7950
FAX (407) 965-7998 or (407) 965-7997
Phone/Verbal Quote
..... ~ ~ Phone
0
Notes Or Usage:
Body Model/Dim:
Delfver~ Date Promised~ Crftfcal~ Yes No
Total Installed Pr[ce~ (Plus Applicable Sales Tax)
"South Florida's Truck Equipment & Trailer Place"
84-25-1997 89:45 385-942-7969 CUSTON FABRICATION P.
~ 250 S.W. 5ih ~ou~ Pompano Be-ch,
(ss4) .~.-;sa4 · FAX
April 25th, 1997
To: Delray Beach Police Dept.
300 West Atlantic Av.
Delray Beach, FI.
Atten: Capt. McCollon
Ref: Price proposal for Aluminum Interior in Swat Van
- Left front cabinets$3000.00
- Right front cabinets $3000.00
- Desk with drawer
and shelf $2500.00
- Heimit storage and
personal locker $3500.00
- Left rear cabinet $3000.00
- Lower storage $1500.00
* Underbody storage
box $2000.00
- Stainless steei
grabrail $350.00
- AJC guard ~350.00
Total $19,200.00
Oelivmy (6) weeks from date of order
Thank you, Mark Miner
CITY OF DELRAY..BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 4, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING:
8.P. Appointment of Outside Counsel/Waste Manaqement v. City:
Approve the appointment of outside counsel as recommended by
the City Attorney.
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.F. Settlement/Cajiqas v. City Consider approval of a settle-
ment in the referenced matter as recommended by the City
Attorney.
[ITY OF OELA;IY BEI:I£H
CITY ATTORNEY'S OFFICE ~oo .w., ^~.~. ~..~^~ ~^~., ~o~,~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-709
DELRAY BEACH
Ali.America City MEMORANDUM
November3, 1997
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Waste Management v. City of Delray Beach
Our office requests the appointment of outside counsel to assist in the above-named case
due to the potential of being called as a witness in the case. Our office recommends the
appointment of Richard Gaunt of Gaunt, Pratt and Radford at the firm's usual rate to the
City of $100 dollars per hour.
By copy of this memorandum to David Harden, City Manager, our office requests that
the appointment of outside counsel be placed on the November 4, 1997 City Commission
agenda.
~ if~/yo~av?ny questions.
×
cc: David/Harden, City Manager
wm. sar
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'!
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 4, 1997
CONTRACT ADDITION (C.O. #1) /CF_AZ EQUIPMENT CO., INC.
DATE: OCTOBER 30, 1997
The City Commission is asked to consider approval of a contract
addition (C.O. #1) to our current contract with Chaz Equipment Co.,
Inc. for the Roosevelt Avenue drainage improvements. The additional
scope of work encompasses construction of a new water main
interconnect with Highland Beach on A1A.
To expedite completion of the interconnect by January 1, 1998, staff
obtained three quotes from contractors currently doing work for the
City. Chaz Equipment was the low bidder at $55,741.00 and an
additional sixty (60) calendar days to complete the work. Funding
will be from Account 441-5161-536-63.90 (Capital Outlay - Other
Improvements) through budget transfer from Intracoastal Waterway
(Account 441-5161-536-63.74).
Recommend approval of the contract addition (C.O. #1) with Chaz
Equipment Co., Inc. for the Highland Beach water main interconnect
project.
ref:agmemo9
Agenda Item No. 7/~
AGENDA REQUEST
Date: October 30, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: November 4, 1997
Description of item (who, what, where, how much): Staff requests
Commission Approval of a Contract Addition (C.C. #1) to Chaz
Equipment Co., Inc. contract for Roosevelt Drainage Improvements (PN
96-12) in the amount of $55,741.00; and an additional 60 calendar
days to the Contract. It encompasses construction of an new water
main interconnect with Highland Beach on A1A.
Funding will from Capital Outlay Acct. #441-5161-536-63.90, Other
Improvements.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval of the Contract Addition
(C.O. #1) to Chaz Equipment(~ In~~
Department head signature: ~~ ~ {~o~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): available: Y~//~'\ NO
Funding
~/~ Funding alternatives-- ~ (if appl. icable)
Account No. & Description
Account Balance ~ '~:~5,~ ~lt~Q~j
City Manager Review:
Approved for agenda: ~/lqo ?~/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file: s: eng/eng/proj / 9531/official/agl105. doc.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Howard Wight ~ ~c) ~'-~ ,4~/~
Dep. Dir Construction
SUBJECT: Roosevelt Avenue Drainage Improvements (PN 96-15)
Contract Addition (C.O. #1)
DATE: October30, 1997
Attached for Commission approval is a Contract Addition (C.O. #1) to Chaz Equipment Co., Inc.
for the above referenced Project. The scope of work included in this Addition is the construction of
a water main interconnect with Highland Beach on AIA - CDB Proj # 97-56 (see attached plan).
The interconnect is to provide sufficient water to meet all of the Town's needs in the event there is
a shutdown of their facilities·
As per the attached letter from Richard Hasko to Highland Beach three quotes were received from
contractors currently working for the City. This was done in order to expedite completion of the
interconnect by January 1, 1998. Chaz Equipment was low bidder for the work at $55, 741.00.
We request approval from Commision to award the Contract Addition (C.O. #1) to Chaz
Equipment for $55,741.00 and an additional 60 calendar days for completing the work.
Funding will be from Capital Outlay Acct. #441-5161-536-63.90, Other Improvements (Budget
Transfer attached). After approval by Commission we will submit a request to Highland Beach for
payment of their share.
· cc: Dick Hasko, P.E., Acting Director of Enviromental Services
file: 97-56A; 96-12A
file: s/eng/eng/proj/9756/contract/agdmemo.doc
£1TY aF I I LAAY BI A£H
ENVIRONMENTAL SERVICES DEPARTMENT souT. sw,N' o, ,vENuE ·
407/243-7300 · TELECOPIER: 407/243-7060
DEL~AY BEACHOctober 20, 1997
!M$. Mary Ann Mariano, Town Manager
Town of Highland Beach
Highland Beach, FL 33487
Re. Highland Beach/Delray Beach Potable Water Interconnect (CDB P 56)
1993
Dear Ms. Mariano:
Please be advised that plans for the subject facility prepared by CH2M Hill have been reviewed and approved
by this department. The'appropriate permit applications for the Florida Department of Transportation and the
Palm Beach County Health Department, have been submitted and are pending at this time.
As previously agreed, we have solicited competitive quotes from three (3) contractors currently working for
the City. They are tabulated as follows:
Chaz Equipment $55,741.00
Molloy Brothers, Inc. $60,385.00
Man-Con $73,709.00
On the basis of the foregoing tabulated comparison, we will be requesting approval from City Commission for
a contract addition to Chaz Equipment Company's contract in the amount of $55,741.00 at the regular meeting
of November 4, 1997, for construction of the interconnect. Construction time will be approximately 60 days,
with inspections and monitoring being performed jointly by Delray Beach and Highland Beach or your
appointed representative. It is acknowledged that any change order for this project resulting in additional costs
must be jointly approved by Highland Beach and Delray Beach.
In accordance with the lnterlocal Agreement between our municipalities for the interconnect, the construction
costs shall be shared equally by Highland Beach and Delray Beach. The amount of participation by each city
will be $27,870.50. Upon approval of the change order to Chaz Equipment by City Commission, we will
submit a request to Highland Beach for payment of this amount to Delray Beach for funding of the project.
Should you have any questions or comments regarding statements made herein, please contact me at (561)
243-7300.
Sincerely,
RCH:cl
cc: David T. Harden, City Manager
Sowan Ruby, City Attorney
ard Wight, Dep. Dir. Construction
Steve Lavender, CH2M Hill
THE EFFORT ALWAYS JV]ATTERS
-. Figure 1
Highland Beach
· -... Water Sen~ice Area ~ ~:~H2MHILL
1855 Dr. Andre's Way, Unit 5 ~ PH: (561) 278-4451
Oelray Beach, FL 33445~ FAX: (561) 278-5149
DELRAY BEACH/HIGI4.AND BEACH INTERCONNECT PROJECT
CITY OF DELRAY BEACH
SCHEDULE OF VALUE8 AND
UNIT CO~T SUMMARY TABLE
'DESCRIPTION NUMBER UNIT TOTAL
, ,, COST [$) COST ($!
~2 ~
%
8 inch 20 CF $110.~
12 inch
8 inch I SS'ILOO $615.00
~ure Control VMve ......
1:2 inet1 1 $7~400.00 $7t44)0.00
12 ~ 4 ~264,.00 ! $1,066.00
r~Nm"
12 inch x 12 inch 1 $41~.OO $41~,.00
12 inch x 12 inch 1 $'Lr/'6.OO $276.00
12 inch x 8 inch 3 $1OO.0~
14 inch x 12 Inch 1 ~70.00
Fk=w Meier
Flow Nkger 1 $~100.00 $6t100.00
12 ~ I ~6.00 $29[OO
8 inch 1 $14~.OO I $14LOO
~ Electrical Lump Sum S3~200.OO: $3t200.00
dMcellm~x~ Mechanical Lump Sum S6~?OO.OO $6~760.OO
I'empome/Suppmt for FP[. 2 $1~0OO.OO $2~1~.0~
To~I Coat
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF NOVEMBER 4, 1997
DDA RECOMMENDATIONS CONCERNING EXPANDED BOARD
DATE: OCTOBER 31, 1997
Attached for your consideration are the minutes of the Downtown
Development Authority's October 30th special meeting. The meeting
was called for the purpose of making recommendations to the City
Commission concerning changes to DDA board and purpose in
conjunction with the proposed boundary expansion.
If the Commission wants to include all or part of the
recommendations in legislation necessary to change the Special
Act, direction should be given so that staff can draft the
language for the local bill which must be filed no later than
December 1, 1997.
ref:agmemol3
11 05 97 15:50 ~ 40? 278 6909 LISTICK · KRALL 02
November 3, 1997
~=. David Harden
City Hanager
100 N. W. 1st Avenue
Delray Beach, FL. 33444
RE: Agenda Item 9B of the regular meeting
of the C~ty Commi~ion of November 4. 1997
Dear Hr. Harden:
I am writing to summarize the actions of ~he DDA in their
special meeting of October 30, 1997, with regard to the proposed
expansion of the boundaries. It was unanimously resolved that
along with the expansion of the District the legislation would
include the following changes to the Downtown Delray Beach
Development Authority Act:
1) The board would be composed of seven (7) members instead
of the previous five (5) (Section 4);
2) At least five (5) members shall own real estate or lease
properties in the area in lieu of the previous three (3).
Sectio~ 4 (c).
3) All action requires four (4) affirmative votes instead of
three (3) affirmative votes. Section 5.~1~.
4) The functions of the authority would be clarified to
include promoting economic growth and not merely implying
that activity. Section 6(e).
Z wish to s~ress that these changes would be a par~ of and
conditioned upon the .xpansion of the district.
Very truly ~ours,
~ICHAEL H. LISTZCK
~lw
FAX
10/::l.~x .L'3t ! 15: 5~,12780555 [~B cNAr'4BER'. COI~IHF-R~CE PAGE 02
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
MINUTES - DOWNTOWN DEVELOPMENT AUTHORITY
SPECIAL MEETING - OCTOBER 30, 1997'
Members: Michael Listick, Frank Wheat, Jon Levinson, Tim Onnen, Meg Eaton
Staff: Marjode Ferrer, Melissa Carter, Selma Kleinman
1. Meeting called to order at 9:08 a.m. by Chairman Michael Listick. Quorum
present.
The following changes to the Act establishing the Delray Beach Downtown
Development Authority (House Bill No. 1250) were recommended by the DDA Board
and will be forwarded to the City Manager to be placed of the agenda for approval by
the City Commission. These changes, if approved, will be forwarded to the Legislature
of the State of Florida.
Michael Listick: When we presented the expansion of the DDA area to the City
Commission, one of the Commissioners raised the question, should we expand the
Board membership and is there anything that we should be considering at this time?
This meeting was called for the purpose of deciding if we should expand the board
membership from five members to seven, conditioned upon the expansion, and do we
want to place any geographic requirements. We may want to consider changes in
terms of our purposes and qualifications for memberships.
Discussion followed re membership of the Board: Refer tO Page 5. Sectj.o.,n 4 of the Act
establishina the Delr.~y Beach Downtown DeveloDment_.Authority (DDA~. The board
was in favor of increasing the membership but was not in favor of making geographical
requirements, as they already have a good representation. Motion made by Jon
Levinson that we include in the proposed expansion a recommendation that in addition
to expanding the geographic boundaries we expand the membership of the Board to
seven members and that this be conditioned upon simultaneous approval of the
expanded DDA proposal and if this does not succeed, this is not implemented. Motion
seconded by Tim Onnen. All in favor. Approved.
P.acte 7, line 6." .... and that at least three of the 'members should be owners of realty
within the Downtown area, a lessee thereof required by the lease to pay the taxes
thereon .... ~. Michael ~.isti.ck asked if we want to change that requirement on line 6 from
W~hrae" to 'Your" members. Motion made by Frank Wheat to increase from three to four
members, conditioned upon the approval of the expansion, seconded by Tim Onnen.
All in favor. Approved.
A Florida Main Street Community
~99,~
Paae 8, Section 5. line 11. "All Action shall be taken by at least three affirmative votes
of the Authority .... "Discussion followed, if this should be changed to a majodty rather
than a specific number. Motion made by Tim Onnen that we change to the majority of
those present. Michae! Listick: We can leave it the way it is or increase by one.
Right now three are required out of our five membership. The question is whether to
change to require four out of an expanded seven membership. Tim Qnnen stated that
we really do not have to make the change. Jon Levinson: To increase to four seems
to make more sense in terms of a majority rule of a scenario. Michael Listick: What
we are doing is staying with the original concept but changing the numbers. He asked
if we are making a motion to increase from three members to four? Tim Onnen: It
should state, the majodty of those present. Michael Lisfick: This is different, and
means that we don't need a change. Right now three are required out of our five
membership. The question is whether to change it to require four out of our expanded
seven membership. He asked Tim Onnen if he would change his motion to four
required for an affirmative vote. Tim Onnen: We really do not need to change it. He
withdrew the motion. Jon Levinson made a motion to increase to four votes, seconded
by Meg Eaton. Roll called to a vote: Tim Onnen. yes; Jon Levinson, yes; Frank
Wheat, yes; Michael Lisfick, yes, Meg Eaton, yes. Unanimously approved.
Pa~le 10, line 5 (e). Michael List!ck read line 5, e, "Camj on all projects and
undertakings authorized by law and within the limits of the powers granted to it by law,
such additional public projects and undertakings related to the Downtown area as the
City Council may assign to it with its consent" Discussion followed. Recommendation
made to insert the following, as one of our functions: (e) Participate actively in plans
and programs to encourage economic development and promotion of the Dowf)town as
a prosperous Downtown area. (change the .current "e" to '~'). Motion made to
recommend that this language be added to Section 6, FUNCTIONS OF THE
AUTHORITY. Motion so moved by Frank Wheat, seconded by Meg Eaton. All in favor.
Approved.
Chris Brown: While we are modernizing, perhaps we should consider creating a
501(c)(3). The DD^ of West Palm has created a 501(c)(3), as a way to conduct
additional business, that is not in the sunshine and to run other programs. Perhaps he
can get a copy to review the language. Michael Listick questioned if we have the time
for this since this has to go to the City Commission for their meeting of November 4th.
Meeting Adjourned at 9:35.
/sk
£NRO~EE
House Bill No. 1250
4 An act establishing the Delray Beach
5 Downtown Development Authority as a
6 body corporate and designating its functions
7 as municipal; delineating the boundaries
8 of the downtown area; prescribing the
9 number, qualifications, term and methods
1C of appointment and removal of members;
11 providing for filling vacancies in office,
12 'for service without compensation, for
13 reimbursement of expenses, for bonding
14 and for personal liability in certain
15 instances; providing for by-laws and internal
16 government of the Authority; prescrib-
17 lng its functions and powers, including
18 .powers to acquire, own, lease and dispose
19 of property, to request the City of Delray
20 Beach to exercise its eminent domain power
21 for the benefit of the Authority, to issue,
22 sell, and provide security for revenue
23 certificates, to borrow on short term,
24 t~ fax, regulate, and collect rates and
25 charges, to maintain offices, to employ
26 and prescribe the duties, authority, tenure,
27 compensation, and expense reimbursement
28 ' of a director and other staff, and to
30 . 1250
31 I )
I exercise all necessary incidental powers;
2 levying in each fiscal year an ad valorem
3 property tax not exceeding one mill to
4 finance Authority operations; providing
5 for assessment and collection thereof
6 by the City; subject to compensation to
7 ~t for services rendered to the Authority;
8 requiring maintenance of records, budget
9 and fiscal control, forbidding participation
10 on behalf of the Authority by personnel
11 .'financially interested in the matter involved;
12 exempting Authority p~operty from taxation
13 to the extent of City property exemption;
14 providing for succession by the City to
.5 tl~prop~rty an~c~rtain ~u~ctions of
16 the Authority if it ceases to exist or
17 operate; regulating issuance of Authority
18 revenue certificates; prescribing scope
19 of this Act; and providing for its liberal
20 construction, severability and effective
21 date.
22 Be It Enacted by the Legislature of the State of
23 Florida=
24 Section 1. SHORT TITLE - This Act
25. , shall be known and may be cited as the 'Delray
26 Beach Downtown Development Authority Act.u
~ '.
27, Section 2. DEFINITIONS AND RULES
28 OF CONSTRUCTION -Unless qualified in the text the '
29
250
I following definitions and rules of construction shall
2 apply hereto='
3 (a) 'Authority" means the Delray Beach
4 Downtown Development Authority hereby created,
5 and any successor to its functions, authority,
6 rights, and obligations.
? (b) 'City" and 'Delray Beach' mean the
8 City of Delray Beach, Florida.
9 (c) 'City Council' means the Delray Beach
10 City Council and any succeeding governing body
11 of the City.
12 (d} 'Downtown" and "~owntown area' mean
13 the area herein described and to which this Act
14 primarily relates, including the central business
15 district and its environs.
16 (e) 'Herein', 'hereby", 'hereof', and similar
17 compounds refer to the entire Act.
18 (f) "Including" shall be construed as merely.
19 introducing illustrative examples and not as
20 limiting in any way the generality of the inclusive
21 term.
22 (g) 'Majority' without qualification means
23 a majority of a quorum.
24 ~h} 'State' means the State of Florida.
25 Section 3. DOWNTOWN AREA DESCRIPTION -
26 The Downtown area includes all lands lying within
2? ,' boundaries described ass
28 Commencing at a point where the North line
~0
31
1 of Block 132, (Town of Delray (formerly Linton)
2 as in Plat Book 1, page 25) intersects the East
~ right-of-way line of the Intra¢oastal Waterway,
4 as now constructed and in use; thence Westerly
5 along the North line of said Block 132 and continuing
6 in a Westerly direction along the Ncrth lines
? of Blocks 124, (as in Plat Book 18, page 91)
8 116, (as in Plat Book 1, page 3) 108, Gas in
9 Plat Book 1, page 3) 100, (as in Plat Book 1,
10 page 65) 92, (as in Plat Book 2, page 21) 84,
11 (as in Plat Book 1, page 3) and 76 (as in Plat
12 Book 1, page 3 and along the North line of that
13 certain Block 68 (as in PlAt Book 1, page 3)
14 to a point of intersection with the East line
15 of Swinton Avenue as now laid out and in use;
16 thence Southerly along the West line of the aforesaid
17 block, a portion of which is designated "school"
18 and continuing South along the West line of Block
19 69, (as in Plat Book 2, page 43) to a point where
20 it intersects with the Southwest corner of Lot
21 6, Block 69; thence Easterly along the South
22 line of said Lot 6 and Lots 5, 4, 3, 2, i and
23 ~ontinuing Easterly along the South line of Lots
24 1, 2, 3 of Block 77 (as in Plat Book 1, page
25 3) to a point Of intersection with the Southeast
26 oorner of said Lot 3, Block 77; thence Southerly
27 along the East lines of Lots 13 through 18, inclusive,
28' of Block 77 aforesaid to a point of intersection
29
31 4
)
· 1 with the Southwest ~orner of said Lot 18; thence
~ Easterly along the South line of said Lot 18
· 3 and continuing along the South line of Lot 18,
~ Block 85, (as in Plat Book 4, page 14) and continuing
~ Easterly along the South li~es of Block 93, (as
6 An Plat Book 10, page 53) Block 101 and Block
? 109, (both as in Plat Book 1, page 3) to a point
8 of intersection with the Southeast corner of
9 Lot 14, Block 117 (as in Plat Book 1, page 3);
10 thence continuing Northerly to the Northwest
11 corner of Lot 18, Block 117; thence continuing
12 Easterly along the South lSne of Lot 17,.Block
13 117, to the Southwest corner of Lot 10 of Palm
1~ Square, an unrecorded plat; thence continuing
15 Eas=erly alon9 th= Sout~ ~
16 57 and 92 of Palm Square (an unrecorded plat
17 located in Blocks 125 and the North half of Block
18 133, as in Plat Book 1, page 3); to a point
19 of intersection with the East right-of-way line
~0 of the Intracoastal Waterway; thence continuing
'~1 Northerly along the said East right-of-way line
· ~ of the Lntracoastal Waterway, to the point of
~3 beginning; all as An the Public Records of Palm
~ Beach County, Florida.
~ Section 4. CREATION OF THE AUTHORITY,
~6 COMPOSITION, AND PROVISIONS RELATING TO ~MBERS -
~? There is hereby created a board composed of five
~8 members and to be known officially as the "Delray
30 250
1 Beach Downtown Development Authority". It is
~ hereby constituted a body corporate and an agency
3 of the City; and performance by the Authority
~ of its duties and exercise of its powers are hereby
5 designated municipal functions and shall be so
6 construed.
? (a) The City Council shall by vote of a
8 majority of its entire membership appoint the
9 members of the Authority; and by vote of four
10 fifths of its entire membership, after notice
11 specifying the charges and a hearing held not
1~ earlier than ten days after personal delivery
13 of notice or mailing thereof by registered or
1~ certified mail addressed to the member at his
15 latest known residence, the City Council may remove
16 a member of the Authority for good cause, including
17 willful neglect of duty, incompetence or unfitness
18 to perform his duty, or conviction of an offence
19 involving moral turpitude. A .member so removed
20 shall be entitled to review by the circuit court
21 of the action taken.
22 (b) Of the initial members one shall be
~3 appoin_ted for a term expiring July 1, 1972, two
~ for terms expiring J'uly 1, 1973, and two for terms
~ expiring July 1, 1974; and thereafter each member
~6 shall be appointed for a term of three years beginning
27' July 1.
~8 (¢) To qualify for appointment to the Authority,
:!.250
! and to remain qualified for service on it, a
2 prospective member or a member already appointed
3 shall reside in or have his principal place of
~ business in the City, shall not be serving as
5 a City officer or employee, and that at least
6 three of the members shall be owners of realty
? within the Downtown area, a lessee thereof required
8 by the lease to pay taxes thereon, or a director,
9 officer, or managing agent of an owner or of
10 a lessee thereof so required to pay taxes thereon.
11 (d) Vacancy in office, which shall be filled
12 within thirty day~ of its 6ccurrence for the
13 remainder of the unexpired term, shall occur
1~ whenever a member is removed from office, becomes
1~ disqualified or othen~ise unable to serve, resigns,
16 or disappears without explanation for a period
17 of six months. The City Council shall fill any
18 vacancy in office for the unexpired term.
19 (e) Each member of the Authority shall
20 serve without compensation for services rendered
21 as a member but may be reimbursed by the Authority
22 for necessary and reasonable expenses actually
23 incurred in the performance of duty. The Authority
2~ need not but may require that all of its lmberi
2~ or any or all of its officers or employees be
~6 required to post bond for faithful performance
~?, of duty, and the Authority shall pay bonding
~ costs. No member of th- Authority shall be
30 '125£
1 personally liable for any action taken in attempting
2 in good faith to perform his duty, or for a decision
3 not to act, except in instances of fraud or willful
4 neglect of duty.
~ Section 5. AUTHORITY BYLAWS AND INTERNAL
6 GOVErnMENT - The Authority shall formulate and
? may amend its own rules of procedure and written
8 bylaws not inconsistent herewith. A majority
9 of its entire membership shall constitute a quorum
10 for the transaction of business. All action shall
11 be taken by at least three affirmative votes of
12 the Authority, and each member present shall
13 vote on each matter unless barred from voting
14 as herein provided. The Authority shall select
15 one of its members as chairman and another as
16 Vice Chairman and shall prescribe their duties,
17 powers and terms of serving. It shall hold regular
18 meetings at least once a month and shall provide
19 in its bylaws for holding special meetings. All
~0 meetings shall be open to the public.
21 The bylaws may provide for the Mayor
22 of the City, or his representative, to attend
23 meetings of the Board as an ex officio member,
24 but he shall not have any vote or power over
2~ the Board except that he shall be entitled to
26 speak on any issue or question before the Board.
~ Section 6. FUNCTIONS OF.THE AUTHORITY -
~8' The Authority shall perform the following functions:
30 :J. 50
a
1 (a) Prepare an analysis of the economic
2 conditions and changes occurring in the Downtown
3 area, including the effect thereon of such factors
4 as metropolitan growth, traffic congestion, lack
5 of adequate parking and other access facilities,
6 and structural obsolescence and deterioration.
? .(b) Formulate long-range plans for improv£ng
8 the attractiveness and accessibility to the public
9 of Downtown facilities, promoting efficient use
10 thereof, remedying the deterioration of Downtown
11 property values, and developing the Downtown
12 area.
13 (c) ~commend to the City Council and to
14 Downtown businessmen and residents the actions
15 deemed most suitable for implementing the Downtown
16 development plans, including removal, razing,
17 repair, renovation, reconstruction, remodeling,
18 and improvement of existing structures, addition
19 of new structures and facilities, relocation
20 of any of those eXisting, and changes in patterns
21 of and facilities for getting thereto and therefrom.
22 (d) Participate actively in the ~mplementation
23 and execution of Downtown development plans,
24 including establishment, acquisition, const?uction,
25 ownership, financing, leasing, licens£ng, operation,
26 and management of public facilities.deemed feasible
27 and beneficial in affecting /mplementation, but
28 this paragraph shall not give the Authority any
29
30 :11.250
31 9'
I power or control over any City property unless
2 and until assigned to it by the City Council
3 under the provisions of paragraph (e) of this
4 section.
5 (e) Carry on all projects and undertakings
6 authorized by law and within the limits of the
? powers granted to it by law, such additional
8 public projects and undertakings related to the
9 Downtown area as the City Council may assign
10 to it with its consent.
11 Section 7. POWERS OF THE AUTHORITY -
12 In the performance of the functions vested in
13 or assigned to the Authority it is hereby granted
.14 the following powers:
15 (a) To enter into Contracts and agreements,
16 and to sue and be sued as a body corporate;
17 (b) To have and use a corporate seal;
18 (c) To acquire, own, convey or otherwise
19 dispose of, lease as lessor or lessee, construct,
20 maintain, improve, enlarge, raze, relocate, operate,
21 and manage property and facilities of whatever
22 type, and to grant or acquire licenses, easements,
23 and options with respect thereto;
24 (~) To accept grants and donations of any
25 type of property, labor, or other thing of value
26 from any public or private source;
2? (e) To receive the proceeds of the'tax
28 hereby imposed; ~51
29
30
31 10
1 (f) To receive the revenues from any property
2 or facility owned, leased, licensed, or operated
3 by it or under its control, subject to the limitations
4 imposed upon it by trusts or other agreements
5 validly entered into by
6 (g) To have exclusive control of all funds
? legally available to it, subject to limitations
8 imposed upon it by law or by any agreement validly
9 entered into by it;
10 (h) To cooperate and enter into agreements
11 with any governmental agency or other public
12 body;
13 (i) To make to or receive from the City
'14 or Palm Beach County conveyances, leasehold interests,
15 grants, contributions,
16 and privileges;
17 (j) To request by resolution that the City
18 exercise its municipal power of eminent domain
19 in specific instances for the use and benefit
20 of the Authority and, if the City complies with
21 the request and the property involved is acquired,
22 the Authority shall take over and assume control
23 of such property on terms mutually agreed upon
24 between the City and the Authority, but the Authority
25 shall not thereafter be authorized to sell, lease
26 or otherwise dispose of such property so acquired
27 , without the formal consent of the City Council;
28 (k) To issue and sell revenue certificates
3o 1250
31 11
! as hereinafter provided, or in any other manner
2 permitted by law and not inconsistent with the
3 provisions hereof, and to take all steps deemed
4 by it necessary or expedient for efficient preparation
5 and marketing of the certificates at public or
6 private sale at the best price obtainable, including
? the entry into binding agreements with corporate
8 trustees, underwriters, and the holders of the
9 certificates, and the employment and payment,
10 as a necessary expense of issuance, for the services
11 of consultants on valuations, costs and feasibility
12 of undertaking, revenues to be anticipated and
13 other'financial matters, architecture, engineering,
14 legal matters, accounting matters, and any other
15 fields in which expert advice may be needed to
16 effectuate advantageous issuance and marketing;
17 (1) To fix, regulate, and collect rates
18 and charges for facilities and services furnished
19 by it or'under its control and to pledge the
20 revenue to the payment of revenue certificates
21 issued by it;
22 (m) To borrow money on its unsecured notes,
23 for a period not exceeding nine months, in an
24 aggregate amount 'for all outstanding unsecured
25 notes not exceeding fifty per cent of the proceeds
26 received during the immediately prior fiscal
27 year from the tax hereby imposed, and at an annual
28 rate of interest not exceeding the rate being
29 1250
30
3! '. ~2
1 charged at the time of the loan by banks in the
2 City on unsecured short-term loans to local businesses
3 (n) To acquire by rental or otherwise and
~ to equip and maintain a principal office for
5 the conduct of its business~
6 (o} To employ, when.deemed necessary, and
? prescribe the duties, authority, compensation,
8 and reimbursement of expenses of the Director
9 of the Authority, who shall act as its chief
10 executive officer, a general counsel, who shall
11 be an attorney with at least two years of experience
12 in a~tive Florida practice.and so engaged at
13 the time of appointment, and such other personnel
14 as it may, after consultation with the Director,
15 deem necessary from time to time; provided, its
~6 personnel shall not be under civil service regulations
17 and shall be employed to serve at its pleasure.
18 Its personnel shall not while employed by it
19 serve as City officers or employees, and, with
20 the exception of its Secretary, shall not while
21 employed by it serve as a member of it;
22 (p) To exercise all powers i~cidental to
23 the effective and expedient exercise of the foregoing
2~ powers to the extent not in conflict herewith
25 or inconsistent herewith.
26 Section 8. LEVY OFADVALOREM TAX -
27 For the fiscal year of the Authority beginning
~8 within the calendar year 1972, and for each fiscal
~o
.31 13
I year thereafter, an ad valorem tax in addition
2 to all other ad valorem tax~s is hereby levied
3 annually for the purpose of financing the operation
4 of the Authority on all property in the Downtown
5 area that is sUbject to ad valorem taxation for
6 City operation expenses. The tax base shall
7 be the assessed valuation made annually by the
8 County tax assessor. The rate shall be one mill
9 on each dollar of tax base in 1972 and each year
10 thereafter; provided, for each year after the
11 first year of levy the Authority, by written
12 notice to the County tax collector at such time
13 as he shall specify, may s~t a rate of less than
14 one mill for the ensuing fiscal year. The County
15 tax collector shall collect the tax when and
16 in the same manner in which he collects the City
17 ad valorem taxes, with the same discounts for
18 early payment, and shall pay the proceeds into
19 . the City treasury for the account of the Authority.
20 Section 9. AUTHORITY RECORDS A~;D FISCAL
21 MANAGF~IENT -The fiscal year of the Authority
22 shall coincide with that of the City.
23 (a) All funds of the Authority shall be
24 received, held, and securea like other public
25 funds' by the appropriate fiscal officers of the :'
'26 City. The fund~ of the Authority shall be maintained .-
27 under a separate account, shall be used for only
28 the purposes herein authorized, and shall be ..
29
1250
I disbursed only by direction of or with the approval
2 of. the Authority pursuant to requisitions signed
3 by the Director or other designated chief fiscal
4 officer of the Authority and countersigned in
5 such instances and manner as the Authority bylaws
6 may prescribe. The Authority may pay the City
? as an operating expense a reasonable amount for
8 the services rendered by the City to it at its
9 request.
10 (b) The Authority bylaws shall provide
11 for maintenance of minutes and other official
12 records of its proceedings and actions, for preparation
13 and adoption of an annual budget for each ensuing
14 fiscal year, for internal supervision and control
15 of its accounts, which function the appropriate
16 City fiscal officers may perform for it at its
17 request and for an external audit at least annually
18 by an independent certified public accountant
19 who has no personal interest, direct or indirect,
20 in its fiscal affairs. The bylaws shall specify
21 the means by which each of these functions is
22 to be performed and, as to those functions assigned
23 to Authority personnel, the manner and schedule
24 of performance.
25 (o) No member or employee of the Authority
26 shall participate by vote or otherwise on behalf
27 of the Authority in any matter in which he has
28 a direct financial interest or an indirect financial
30 1 50
31 .15 ,)
I interest other than that of the benefits to be
2 derived generally from the development of the
3 Downtown area. Participation with knowledge
4 of such interest shall constitute malfeasance
5 and shall result, as regards a member, in automatic
6 forfeiture of office or, as regards an employee,
? An prompt dismissal.
8 Section 10. TAX EXEMPTION OF'AUTHORITY
9 PROPERTY -All income, donations, property, and
10 facilities of the Authority are hereby dedicated
11 to the effectuation of essential municipal purposes,
12 and their use is declared an essential municipal
13 function; and they are granted the same exemptions
14 from taxation as are afforded to income, property
15 and facilities of the City.
16 Section 11. PROVISIONS GOVERNING ISSUANCE
17 OF CERTIFICATES - Issuance of revenue certificates
18 by the Authority shall be governed by the following
19 general provisions:
20 (a) Revenue certificates for purposes hereof
21 are limited to obligations that are secured solely
22 by pledge of revenues produced by the facility
23 or facilities for the benefit of which the certificates
24 are issued and the sale proceeds used, that do
25 not ~onsitute a'general debt of the Authority,
26 that are not secured directly or indirectly,
27 in whole or in part, bY pledge of taxing powers,
28 'and that do not con'situte a lien or encumbrance,
29 250
31. 16
I legal or equitable, on any real property of the
2 Authority or on any of its personal property
3 other than the revenues pledged to secure payment
4 of the certificates.
5 (b} The faith and credi~ of the City shall
6 not be pledged and the City shall not be obligated
7 directly or indirectly to make any payments on
8 or appropriate any funds for certificates issued
9 by the Authority;
10 (c) The rate or rates of interest and the
11 sale Price of the certificates by the Authority
12 shall be such that the net'interest cost to it
13 on the proceeds received from the sale shall
14 not exceed an average annual rate of eight per
15 cent, computed with relation to the abzolute
16 maturity of the certificates in accordance with
17 standard tables of bond values and excluding
18 from the computation the amount of any premium
19 to be paid on redemption of the certificates
20 prior to maturity.
21 (d) Before issuing any revenue certificates
22 the Authority shall as to each issue: (1) prepare
23 or procure from a reputable source detailed estimates
24 of the total cost of the undertaking for which
25 the certificates are contemplated and of the
26 annual revenues to be obtained therefrom and
27 pledged as security for payment of the certificates;
28 (2) dete~mine that the anticipated net proceeds
30
31 17
i from their sale, together with any other funds
2 available and intended for the purposes of the
3 issue, will be sufficient to cover all costs
4 of the undertaking and of preparing and marketing
5 the issue or connected therewith; (3) "determine
6 that the annual revenues anticipated from the
7 undertaking will be sufficient to pay the esti-
8 mated annual cost of ~aintaining, repairing, operat-
9 ing and replacing to any necessary extent not
10 only the undertaking but also the punctual payment
11 of the principal of and interest on the contemplated
12 certificates; and (4) shall, specify these deter-
13 minatiOns in and include the supporting estimates
14 as parts of the resolution providing for the
16 (e) The Authority may, as to any issue
17 or revenue certificates, engage the services
18 of a corporate trustee for the issue and may
19 treat any or all of the costs of carrying out
20 the trust agreement as part of the operating
21 costs of the undertaking for which the certificates
22 are issued.
23 (f) The Authority shall from time to time
24 establish such rentals, rates, and charges, or
25 shall by legally binding agreement maintain such
26 control thereof, as to meet punctually all payments
27 on the certificates and also the costs of operation
28 of the undertaking and' its maintenance and repair
:1- 50 '
30
31 18
1 including reserves therefor and for depreciation,
2 replacement, and any necessary extensions.
3 (g) Revenue certificates may be issued
4 for the purposes of funding, refunding, or both.
5 (h) All revenue certificates issued pursuant
6 hereto shall be negotiable instruments for all
7 purposes.
8 Section 12. TRANSFER UPON CESSATION
9 OF THE AUTHORITY - Should the Authority cease
'10 to exist or to operate for whatever reason, all
11 its property of whatever kind shall forthwith
12 become the property of the City, subject to the
13 outstanding obligations of the Authority, and
14 the City shall use this property to the maximum
15 extent then practicable for effectuating the
16 purposes hereof and shall succeed to and exercise
17 all powers of the Authority insofar as such exercise
18 is not in conflict with or inconsistent with
19 the provisions of the City charter or other law
20 applicable to the City.
21 Section 13. ACT CUMULATIVE; NO NOTICE
22 REQUIRED - Neither this Act nor anything herein
23 contained shall be construed as a restriction
24 or limitation upon any powers which the Authority
25 m/ght otherwise have under any laws of this State,
26 but shall be construed as cumulative of such
27 powers. The foregoing sections of this Act shall
28 be deemed to provide a complete, additional, and
30
31 19
1 alternative method for the doing of the things
2 authorized thereby and shall be regarded as supple-
3 mental and additional t° powers conferred by
4 other laws~ provided, the issuance of revenue
5 certificates and revenue refunding certificates
6 under the provisions of this Act need not comply
? with the requirements of any other law applicable
8 to the issuance of certificates and bonds including,
9 particularly, Chapters 671 through 680 of Florida
10 Statutes, 1969 (also known as Uniform Cor~ercial
11 Code}. No proceedings, notice or approval shall
12 be required for the organizati6n of the Authority
13 or the issuance of any certificates or any instrument
14 as security therefor, except as provided herein
15 or pursuant hereto, any law to the contrary notwith-
16 standing~ provided, nothing herein shall be construed
17 to deprive the State and its governmental subdivisions
18 of their respective policy powers over any properties
19 of the Authority.
20 Section 14. LIBERAL CONSTRUCTION AND
21 SEVERABILITY - The provisions of this Act, being
22 necessary for the welfare of the City and its
23 inhabitants shall be liberally construed to effectuate
24 the purposes herein set forth and are severable.
25 should any portion hereof be finally held inval£d
26 by a court of competent Jurisdiction, each other
27 ,portion shall remain effective to the maximum
28 practicable extent.
3O
31 20
! Section 15. EFFECTIVE DATE - This
2 Act shall become effective when it becomes a
3 law.
4
5
6
? ~50
8 Became a law without the Covernor's approval.
9 Ff~e~ i. 0££t¢e Seeretar~ of State
10
11
12
13
' 14 ,
is )
$0
31 21 )
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~.
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 4, 1997
INTERLOCAL AGREEMENT FOR PLANNING SERVICES/NORTH FEDERAL
HIGHWAY AREA
DATE: OCTOBER 31, 1997
The purpose of the proposed interlocal agreement is to secure
outside resources in order to facilitate the development of a plan
for the North Federal Highway corridor.
In previous discussions concerning the North Federal area, the
need for greater community participation and input became
apparent. To that end, the City's Planning staff and the
Community Redevelopment Agency (CRA) have arranged for the
Treasure Coast Regional Planning Council (TCRPC) to provide
planning services, including the hiring of an urban planning
consultant. The consultant, Dover Kohl & Partners, will conduct a
planning workshop, or charrette, and prepare the redevelopment
plan with support from staff, the CRA and TCRPC. The charrette is
scheduled to be held on the evening of Friday, November 21, 1997,
and during the day on Saturday, November 22nd.
The total cost for the planning services is $25,000.00. Both the
City and the CRA will each pay to TCRPC an amount not to exceed
$10,000 toward the hiring of the consultant. The Treasure Coast
Regional Planning Council will provide funding in am amount not to
exceed $5,000. The interlocal agreement was prepared by the City
Attorney's office.
Recommend approval of the interlocal agreement for planning
services among the City, the CRA and the TCRPC for the development
of the North Federal Highway plan.
ref:agmemol0
TO: DAVID T. HARDEN
CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING -
SUBJECT: AGREEMENT BETWEEN THE CITY, THE CRA, AND THE TREASURE
COAST REGIONAL PLANNING COUNCIL FOR DEVELOPMENT OF A
PLAN FOR THE NORTH FEDERAL HIGHWAY AREA
The action requested of the City Commission is approval of an agreement between the City, the
Community Redevelopment Agency (CRA), and the Treasure Coast Regional Planning Council
(TCRPC) for the conducting of a planning charrette, and preparation of a redevelopment plan
for the North Federal Highway corridor.
Last year the CRA and City Planning and Zoning Department worked together to create a
redevelopment plan for the North Federal Highway area. That plan was presented to the City
Commission but was not adopted. Many of the residents of the area stated their desire for a
plan that would be more participatory in nature, similar to the process that was followed for the
West Atlantic Avenue Redevelopment Area. That process involved the conducting of a
charrette, or planning workshop, that allowed members of the community an opportunity to
create their own vision for the area.
CRA and City staff have arranged for the Treasure Coast Regional Planning Council to provide
planning services for North Federal. The TCRPC will in turn contract with a private planning
consultant, Dover Kohl & Partners, to conduct the charrette and prepare the plan. The staffs of
the CRA, Planning and Zoning Department, and TCRPC will assist with and participate in the
charrette, and provide other necessary support services. The total cost for the planning
services is $25,000, to be paid as follows:
CRA: $10,000
City: $10,000
TCRPC: $ 5,000
The charrette is scheduled to be held on the evening of Friday November 21, 1997, and during
the day on Saturday, November 22nd. Details regarding the location and specific times will be
forthcoming.
City Commission Documentation
Agreement for Planning Services - North Federal Highway
Page 2
The attached agreement was prepared by the City Attorney's office. The CRA Board approved
the agreement at their meeting of October 23, 1997.
By motion, approve the attached agreement between the City, the CRA, and the TCRPC for the
development of the North Federal Highway plan.
Attachments:
· Proposed Agreement
CITY ATTORNEY'S O~iCE :,~o~,~,~,,~,v ,~, ~o~,:?~_~?~~'~' ~ ~" ~o~,~
Writer's Direct
DELRAY BEACH
lll.~efica Ci~ ~MORA~
1~93
TO: Diane Dominguez, Pla~g & Zo~ng Director
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Interlocal Agreement for Planning Services North Federal Highway Study
Area with the CRA and Treasure Coast Regional Planning Council
Attached is a copy of the proposed agreement for North Federal Highway Study Area
Planning Services with the CRA and the Treasure Coast Regional Planning Council. I
am also forwarding a copy to the City Clerk for the November 4, 1997 agenda.
Please call if you have any questions.
DNT:smk
Attachment
cc: Sharon Morgan, City Clerk's Office
planser.dnt
INTERLOCAL AGREEMENT FOR PLANNING SERVICES -
NORTH FEDERAL HIGHWAY, DELRAY BEACH. FLORIDA
THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of
, 1997, by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation, hereinafter referred to as "CITY", the DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and the
TREASURE COAST REGIONAL PLANNING COUNCIL, hereinafter referred to as
"TCRPC."
WITNESSETH:
WHEREAS, the North Federal Highway area, in fl~e City of Delray Beach, Florida,
hereinafter referred to as the "Study Area", is a redevelopment area within the CITY as
shown on Exhibit "A' attached hereto; and,
WHEREAS, CITY,. CRA, and TCRPC desire to work together to hire an urban
planner to assist in planning and organizing a community workshop for the Study Area; and,
WHEREAS, CITY, CRA, and TCRPC are Willing to share the costs for thc urban
planning services associated with thc workshop for Se Study Area; and,
WHEREAS, Section 165.01, Florida Statutes, permits public agencies to enter into
interlocal agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and,
WHEREAS, each party desires to improve the appearance and development potential
of the Study Area for the residents of the CITY and surrounding areas and enter into this
Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, premises and
representations contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01. The foregoing recital are true and correct and are incorporated herein as
if fully set forth.
~[tr,,Ii0.11_l~,. The purpose of this Interlocal Agreement is to enhance and encourage
the stabilization and development of the property located in the Study Area by creating a plan
for the redevelopment area at an urban design workshop, also known as a "Charette" to be
held on or about November 21-22, 1997, or on another date which the parties mutually agree
upon, which will include property owners, residents, CITY, CRA, and TCRPC, staff, and
urban planners.
~li.9.11_,l,.d~. Both the CITY and CRA will each pay to TCRPC an amount not to
exceed $10,000.00 towards the hiring of a planning f'n'm, hereinafter referred to as
"Consultant."
iSttglil:ULt~. The TCRPC agrees to provide funding in an amount not to exceed
$5,000.00 towards the hiring of the Consultant.
S~L~IILD~. The CITY's representative during the performance of this agreement
shall be the CITY Director of Planning and Zoning, telephone no. (561) 243-7286. CRA's
representative during the performance of this agreement shall be the CRA Executive Director,
telephone no. (561) 276-8640. The TCRPC's representative during the performance of this
agreement shall be the TCRPC's Executive Director, telephone no. (561) 221-4060.
Section 1.06. TCRPC shall contract with Consultant who will be responsible for
conducting the Charette.
Section 1.07. TCRPC shall utilize its procurement process for the Consultant's
services required for the Charette.
ARTICLE 2: RESPONSIBILITIES
Sei:IJt:~I~L~. TCRPC, in coordination with the Consultant, shall conduct
investigations and analysis of the Study Area prior to the dates for the Charette. TCRPC and
the Consultant shall also review the base information provided by the CITY and CRA
concerning the Study Area, and provide the CITY and CRA guidance as the CITY and CRA
assemble the information.
~,i0JL~,~. TCRPC and Consultant shall coordinate with CITY and CRA to
arrange for the location, participants, and agenda for the Charette. TCRPC and Consultant
shall provide cameras, computer workstations, drafting equipment, and an interdisciplinary
team to direct and conduct the Charette.
Section 2.03. CITY and CRA shall provide location for the Charette, including tables
and chairs, electrical power, slide projectors and projection screens, access to photocopiers,
telephones, and fax machines. CITY and CRA shall also provide base maps of the Study
Area in Auto Cad format indicating conditions of the Study Area, City future land use maps,
City zoning maps, aerial photographs (e.g. Redi-maps), proposed development plans for the
Study Area, City street inventory including right-of-way information, signal locations, and
other relevant data. CITY and CRA shall also provide a "City-wide" map, and current City
zoning and development standards.
/~gf, lioxl~7,~. CITY and CRA agree to fully participate in the Charette.
Sectiotl 2.05. Following the Charette, TCRPC and Consultant agree to complete a
package of work products which shall include the following:
a) An overall illustrative plan showing streets, blocks, public spaces, and civil
buildings, at a scale to be determined, and in color suitable for publication.
b) Color visualizations illustrating the design ideas in perspective views, utilizing
hard-drawn sketches.
c) Diagrams illustrating development and conservation concepts, showing change over
time and other implementation issues.
d) Street cross-sections for each, showing not only street and traffic elements, but also
street furniture, trees, planting, parking and modified code elements that affect
street appearance.
The final work products shall be presented to the City Commission during the month of
January, 1998, unless the parties agree to a different date.
4
ARTICLE 3. NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing
and hand-delivered or sent by certified mail, return receipt requested, all notices shall be
addressed to the following:
As to the CITY: Director of Planning & Zoning
CITY of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to CRA: Executive Director
CITY of Delray Beach Community Redevelopment Agency
24 N. Swinton Avenue
Delray Beach, Florida 33444
As to TCRPC: Executive Director
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Blvd., Suite 205
Palm CITY, Florida 34990
ARTICLE 4: OWNERSHIP OF DOCUMENTS
i$~:tiOlL4A~. Ail reports and plans that result from the performance of this agreement
shall become and remain the CITY's property whether the project is completed or not, and
will be delivered to the CITY upon demand. TCRPC and CRA reserve the right to retain a
copy of such documents for record purposes. Where such documents are required to be filed
with governmental agencies, the TCRPC will furnish copies to the CITY upon request. CAD
data will also be provided to CITY or CRA upon request for use on this project.
Section 4.02. TCRPC shall insure that the Consultant will provide a set of full-quality
reproducible copies of all documents, repons, and plans as specified in this agreement to the
CITY or CRA.
ARTICLE 5: ACCESS AND AUDITS
TCRPC shall maintain adequate records to justify all charges, expenses, and costs
incurred in Performing the responsibilities under this agreement for at least three (3) years
after the acceptance of the Consultant's report by the CITY, except that such records shall be
retained by TCRPC until final resolution of matters resulting from any litigation, claim, or
special audit that starts prior to the expiration of the three (3) year period. The CITY and
CRA reserve the right, upon reasonable request and during normal business hours, to inspect
and shall have access to such books, records, and documents as required in this section for the
purpose of inspection or audit.
ARTICLE 6: TERMINATION FOR NON-COMPLIANCE
The CITY may terminate this Interlocal Agreement upon thirty (30) days advance
written notice to TCRPC and CRA for non-compliance by TCRPC or CRA in the
performance of any of the terms and conditions as set forth herein and where TCRPC or CRA
does not cure said non-compliance within fourteen (14) days of receipt of written notice from
the CITY to do so. Further, upon written notice, TCRPC shall reimburse to the CITY and
CRA any funds provided to TCRPC pursuant to this Interlocal Agreement, either in whole or
in part as determined by the parties.
6
ARTICLE 7: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No singled or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue
any and all actions available under law to enforce this Interlocal Agreement including, but not
limited to, actions arising from the breach of any provision set forth herein.
ARTICLE 8: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County.
ARTICLE 9: CAPTIONS
The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
ARTICLE 10: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of
this Interlocal Agreement, or the application of such term or provision, to any person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 11: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the CITY, the
CRA, and TCRPC, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and
conditions contained in this Interlocal Agreement may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
CITY Clerk Jay Alperin, Mayor
Approved as to Form:
CITY Attorney
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
(Print or Type Name)
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 and did (did not) take an oath.
Signature of Notary Public - State
of Florida
ATTEST: TREASURE COAST REGIONAL PLANNING
COUNCIL
By:
(Prim or Type Name) Prim Name:
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 and did (did not) take an oath.
Signature of Notary Public - State
of Florida
9
EXHIBIT
o
]
I GRAPHIC SCALE
N 250' 0 1000'
~ NORTH FEDERAL HIGHWAY ~-~ I
~LA..,.o ~EPA~*.E.T STU DY AREA '~'~'
CiTY LIMITS
CITY OF' DELRAY BEACH, FL R[OEVELOPMENT AREA ~
-- DIG/TAL ~gA.c~' ,'JAP .gYSTEM ---
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~P?!
SUBJECT: AGENDA ITEM # ~ ~)- REGULAR MEETING OF NOVEMBER 4, 1997
NOMINATION FOR TREASURE COAST REGIONAL PLANNING COUNCIL
DATE: OCTOBER 31, 1997
Attached is a request from the Municipal League for endorsement
letters from anyone interested in being considered for nomination
for appointment as a regular member to the Treasure Coast Regional
Planning Council. Letters of endorsement should be submitted to
the Municipal League by Friday, November 7, 1997.
The Treasure Coast Regional Planning Council meets on the third
Friday of each month at 9:30 a.m. at the Howard Johnson's on
Federal Highway in Stuart. Candidates for nomination must be
elected officials.
If the Mayor or any of the Commissioners are interested in being
considered, please advise at the meeting and staff will prepare
the endorsement letter.
ref:agmemol6
- ERO,~:,P.B.Countv Municipal League PHONE NO ' (561) 355-4484 Oct 30, 1997 9:33 AM P 2/2
Palm Heacfl couflly MUNICIPAL LEAGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (561)355-4484
/H E N D U/H
TO: Clerks. Mayors end Managers
FROM; Bob Burdett, Executive birector
PALM BEACH COUNTY MUNICIPAL LEA&4JE
RE: Appointments. T _ren~_ure Coast Regional Planning Council
bAT~: October ;?9. :t997
The Treasure Coast Regional Planning Council has requested the Municil~l League's
Annual Appointments of Council Members and Alternates. The appointments are effective at the
TC~PCs meeting in becember. [997.
Currently there is one ([) vacancy fop c[ reEuJar seat o~1 the Council. Anyane
inteeested in beincj appointed as a rw_~u/or Council Representative or Alternate must submit a letter
of endorsement from his or her municipality. Please f~x enctorseme~t letters to the Municipal
bec~jue office, (56[) 355-6545, no late.,: ftaan F~.,i~by, Nove. mbe~ 7. I~Z The letters will be
submitted to the Municil~i League Board of birector$ at their ~4ovember [2, 1997 meeting.
if you hove om/questions or need additional information please coil the Municipal
League office et (561) 3§5-4484.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~i
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 4, 1997
APPOINTMENT TO THE EDUCATION BOARD
DATE: OCTOBER 30, 1997
Denise May has submitted her letter of resignation from the
Education Board. This creates a vacancy for a regular member to
fill the unexpired term ending July 31, 1998.
Members of the Education Board must either be residents of the
City, have a child or children attending Delray Beach public
schools, own property in the City and/or own or operate a
business in the City. It is the intent, if possible, that the
membership of the Education Board include members who have a
background in business, real estate and/or education.
Applications have been received from the following:
Anne Ford
Claire Friedman
Cheryl Lee-Bennett
Jerry Marshall
Gregory E. Young
Sylvia Wolf
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
The appointment will be made by Commissioner Ellingsworth (Seat
#3).
Recommend appointment of a regular member to the Education Board
to fill an unexpired term ending July 31, 1998.
ref:agmemo5
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
HOME ~DRESS (S~r~et. City, Zip Code) (LEG~ RESIDENCE)~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ~f~3-O~07 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR ?RESENT, OR MOST RECENT EMPLOYER, AND ~'OSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD .~./ ~ _ . ...~ .
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ SIGNATURE DATE
4/90
g/20/gl
1. Active in politics 1936, 1940, 1944 -Roosevelt
Campaign
2. Union organizer 1935-1939, wrote for
Federated Press
3. Civil Rights Activist, 1935- present
4. Camden, New Jersey Civil Rights Commission
1957-1959, Chairman 1958-1959
5. Lobby & Speakers Bureau, Co-Chairman for
National Maritime Union, periodically from
1940-1950
6. Business Commercial Designer 1950-1987
7 Presently teaching ceramics, handbuilding
'
with clay at various Palm Beach County
schools and South County Mental Health
Clinic
8. Commission watcher, Delray for Woodlake
Development, Member PROD
mar.txt
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 4, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING:
8.P. Appointment of Outside Counsel/Waste Manaqement v. City:
Approve the appointment of outside counsel as recommended by
the City Attorney.
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.F. Settlement/Cajiqas v. City Consider approval of a settle-
ment in the referenced matter as recommended by the City
Attorney.
[IT¥ OF DELRn¥ BEII[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
DELRAY BEACH MEMO~~
all.~i~Oi~ DATE: November 3, 1997
CityCo~ission~~ ~
FROM: Brian Shutt, Assistant City Attorney 'U~'~ ~ '
SUBJECT: Settlement of Manuel and Lyne~e C~igas v. City of Delray Beach
This case arises out of a trip and fall at Veterans Park. Mr. Cajigas was walking with a
cane on the brick paver sidewalk adjacent to the seawall when the pavers gave way
undernea~ his cane. This caused Mr. Cajigas to fall.
The City had been experiencing a problem with depressions forming in ~e brick pavers
for approximately one and a half years prior to December 7, 1994, ~e date Mr. Cajigas
fell. The City had notified ~e contractor who constructed the seawall, B.K. Marine and
the engineering firm who designed the seawall, Coas~l Plamng and Engineering, about
· e problems wi~ the seawall prior to Mr. Cajigas falling. An eventual solution to ~e
problem was ~plemented in 1995. The City has a duty to w~n of a ~own dangerous
coMition. The City did not rope off the area in which Mr. Cajigas fell.
Mr. Cajigas suffered a ~ee injury, which required surgery, as well as injury to his right
wrist and back. As of today, Mr. Cajigas still has pain in his ~ee and back. Mrs.
Cajigas is claiming loss of care and consortium as a result of the injuries.
In this case the Plaintiff filed suit agai~t the City and B.K. Marine, the contractor who
built the seawall. The City filed a crossclaim against B.K. Marine and a ~ird par~
complaint against Coastal Plamng and Engineering. B.K. Marine and Coastal Plamng
have agreed to settle for $35,000.00.
The Plaintiffs, subject to Ci~ Co~ission approval, agreed to settle wi~ the City for
$15,000.00 inclusive of all atto~ey's fees and costs. Our office recomends settlement
for tha~ mount in exchange for dismissal of the case and execution of appropriate
releases by the Plaintiffs. The City's Risk Manager, Fra~ Babin aM Steve Harman,
adjuster for Gallagher Basse~, concur in our reco~endation.
By copy of this memorandum to David Harden, City Manger, our office requests that
this matter be added to the City Co~ission agenda of November 4, 1997.
City Commission
November 3, 1997
Page 2
Please call if you have any questions.
RBS:ci
cc: David T. Harden, City Manager
Alison MacGregor Harry, City Clerk
Frank Babin, Risk Manager
Steve Hanzman, Gallagher Bassett
cajigas3.rbs
AGENDA REQUEST /~'
Request to be placed on: Date: October 29.1997
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: November 41 1997
Description of item (who, what, where, how much):
Request approval to execute sale and purchase contract between the City. and Ms. Gloria
Jones for the unit located at 521 S.W. 10th Street under the Federal HOPE III Program.
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the contract for sale of HOPE III unit.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55).
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun~ 1 \cd\cdbgrant\agenform.doc
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director
From: Michael Simon, Interim Community Development Coordinator
Date: October 29, 1997
Subject: HOPE 3 Contract for Sale/521 SW 10th Street
ITEM BEFORE THE COMMISSION
This is to request approval to execute a Contract to sell a housing unit acquired through the HOPE
III Program to a very low income eligible family of four who are at 38% of median household
income consisting of a one parent with three dependent children.
BACKGROUND
The unit to be sold is located at 521 SW 10th Street in Delray Beach. We purchased the property
on October 18, 1996 at a cost of $44,057.40. The unit has three bedrooms and one bath with a
square footage of 1,296. The rehabilitation has been completed to the unit at a cost of $24,000 and
has appraised for $68,000. The total purchase price including closing costs is $71,000.00.
Federal regulations require that the unit be sold at appraised value. Because the buyer for this
property only qualified for a $42,000 first mortgage, we have the flexibility in this program to attach
a subordinate mortgage for the difference between the first mortgage amount and the appraised
value. The applicant is contributing 1% towards the purchase of the unit. Therefore a Promissory
Note in the amount of $27,330.00 will be recorded as a subordinate second mortgage in the public
record. The note stipulates a full recapture provision for the first six years with a decrease of 168th
of the original balance per month for the next 14 years. If the unit is sold by the purchaser before
the six year point on the note expires, only the amount of down payment, principal payments and
property improvements made by the purchaser will be available to he/she/them at the sale.
RECOMMENDATION
Staff recommends approval to execute the contract to sell HOPE 3 unit to the eligible homebuyer
and authorize the execution of the required Second Mortgage.
E.
CONT~RAcT FOR SALE AND PURC~SE OF REAL PROPERTY e~ o~"
C~ o~ ~elra~ Beach o~ ~00 ~.~. ls~ Avenue
Delr,ay BeaC'h~ ~'L 33~4 ' . · ~:5~1-~'~3-7280
Glo~ia 0. Walke~ 'Oones of 670-F Auburn Uircie West
13. Delrav ~anor ~aa~c~on [o veiray ~eacn, accora~n~ to -
p]~t th,reof on file in the Oi~ice of the Ulerk oI t~e'
~ircuit Court in-and ~or ?aim ~eaCn uounty;recorded in Plat ~ook 12,PE.59.
~:5~1 S2W,'lOth SC~e'eC. D~lray
~~~2n~ Mor~~~ecapture for firs.,
six years decreas~ ot lo,tn fo~ remaininK 14 yeAr~ 27,330
~ ~ ~S BE~ A PPROV~D
A LgG~LY BINDING CO~ AND ACCOflDfNGLV, YOU MAY W~H ~ ~ ~AL AN~R TAX ADV{~
~O0' 39~d 9NION~H 3HOH
· ' STANDARDS FOR REAL ESTATE TRANSACTIONS
~~ . · :.
hp 2 of 4
of bts &su t~r, (6') days sbs~ k lb4 M~omadms ~f, ~o~do bambys, Sundsys m~d Iqd bdid~% sld suy b ~ ~ ~ ~ n · ~y,
tS. plRpTA: AX pe~44 ?~,.t4,,*md thd thi LK3. Co4o ~iub~ lbo Bq~ So wbbboM m po~m~t (10%) ~ ~ ~ ~ ~s ~ ~b¥ ~ b~
I?.~VGIt~IMBN?AI..4,HD RJ~A,_ '1'1~ MA~ ad'hr wum~ts.wl ~ n~ ~ ~ I~ Is t~m~t ~._b~ b b c~,plim~4 wi", ~{
19. ILqpl~TlVB DATI]~ ~ efAK~s dat~ ,J.u b d~ ll~ dan ofc~CC4d~M by Buyer ~ ..%ih'. Afl ~ p~jods ,,~fl b4, ,~dcub#d M fA4 day
..-.
Seller a, grees to paY:', closing costs not to{exceed $3,000.00
SM
:.
· FHA or VA
~ City of Delray Beach
~ Gloria J. Walker Jones
~ovember 4~' 1997
~~~Lot 1~, Delrav M~nor Addition to Dm]r~v
'PI~E B66k 12, ..P~e 3W. recoraed
9~ ' 39~d 9NI ONOJ ~OH
Boca Raton News, Tuesday October 28, 1997 7B
. NOTW, E 04r INT~T
~0 S~L P, EAI
NOTICE IS HEREBY GIVEN~ th~ the
Ci~ ~ ~lray Beach Flat,a,
Ad d41~247
NOTICE OF INTENT
TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has
determined to sell the following described property:
Lot 13, Delray Manor, according to the plat therefore recorded in Plat Book 12,
Page 59 of the Public Records of Palm Beach County, Florida.
The sale of the property is for public purpose pursuant to a contract entered into
between the City of Delray Beach and Gloria Jones under the HOPE III program.
Further information, as available, may be obtained from the City Manager's Office
in City Hall located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. The
City Commission of the City of Delray Beach, Florida, shall hold a public hearing
on the proposed sale at their regular City Commission meeting of November 4,
1997 at 7:00pm in the City Commission Chambers, City Hall.
MEMORANDUM
To: Alison Mac-Gregor Harty, City Clerk
Thru: Lula Butler, Community Improvement Director
From: Michael Simon, Interim Community Development Coordinator
Subject: HOPE III Program Property Sale
Date: October 23, 1997
Please publish the attached article in the October 28th and November 4th, 1997 issue
of The News. This is a Notice of Public Hearing for the Community Development
Division's HOPE III program. Please send a copy of the publication affidavit and the
article to the Community Development Division when recieved for our records.
If you require any additional information or clarification needed, call me at ext.
7282.
Thank you for your assistance.
TO: DAVID T. HARDEN
CITY MANAGER \
FROM: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CHANGE OF ZONING FOR A PORTION OF THE YAKE PROPERTY FROM
RL (LOW DENSITY RESIDENTIAL, 3-6 UNITS PER ACRE) TO RM-8
(MEDIUM DENSITY RESIDENTIAL, 5-8 UNITS PER ACRE)
The item before the Commission is the rezoning of approximately 12.4 acres of the 17.5 acre
Yake property from RL to RM-8. The property is located approximately 850 feet east of U.S. 1,
north of Denery Lane, south of Royal Palm Blvd., and immediately adjacent to the Intracoastal
Waterway. The full background and analysis of the request is contained in the attached P & Z
staff report. The applicant had originally requested a zoning of RM without a suffix, but has
amended the application to RM-8 (see attached letter from the applicant's attorney, Michael
Listick).
The Planning and Zoning Board held a public hearing on the rezoning request to RM (6-12 units
per acre) on October 20, 1997. Several members of the public were in attendance and spoke
regarding the requests. Their concerns related primarily to traffic (particularly on Bond Way),
and to the compatibility of the proposed density with adjacent residential areas. The Board
voted 3-2 (Carbone and Bird absent) to recommend approval of the rezoning to RM.
Subsequent to the Board's action, the applicant and his attorney met with Planning and Zoning
staff to discuss the proposed development. The proposed project density is well below the
maximum permitted by the RM zoning; therefore, they have amended their application by
requesting that a suffix of "8" be added to the RM classification. This will limit the density of an.v
development that is proposed for this property to no more than eight (8) units per acre, thus
reducing the potential traffic and other impacts of the additional potential units.
I
By motion, approve the change of zoning for the 12.4 acre portion of the Barbara Yake property
from RL (Low Density Residential) to RM-8 (Medium Density Residential, 6-8 units per acre).
Attachments:
· P & Z Staff Report of 10/20/97
· Letter From Applicant's Attorney, Michael M. Listick
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6
UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM
DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST
OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF
ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST OF AND
ADJACENT TO THE INTRACOASTAL WATERWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April 1994 as being zoned RL (Low Density Residential/3-5 units per
acre) District; and
WHEREAS, at its meeting of October 20, 1997 the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 3 to 2 to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-8 (Medium Density
Residential/5-8 units per acre) District for the following described
property:
Ail that part of Lot 1, Correction Map Showing
Subdivision of Property of Harry Seemiller situated
in Lots 36, 1 & 3 Section 9, Township 46S, Range
43E, Palm Beach County, Fla., according to the Plat
thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 9 Page 72 Palm Beach County
Records, more particularly described as follows:
Commencing at the northwest corner of Lot 18, Block
"C", of La Hacienda, as shown on Plat recorded in
Plat Book 15, Page 6, Palm Beach County Records;
thence North at right angles to the North line of
said Lot 18, a distance of 8 feet to the North line
of alley as shown on Plat of La Hacienda, which is
the point of beginning; from said point of
beginning run North at right angles to the North
line of La Hacienda, a distance of 239 feet, more
or less, to the North line of Lot 1 of said Harry
Seemiller's Subdivision; thence East along the
North line of Lot 1 of said Harry Seemiller's
Subdivision to the West right-of-way line of the
Intracoastal Waterway; thence southerly along the
West right-of-way line of the Intracoastal Waterway
to the North line of La Hacienda; thence westerly
along the North line of La Hacienda to the point of
beginning;
Lots 20 to 27, inclusive, and Lots 29 to 34,
inclusive, Block C; Lots 21 to 27, inclusive, and
Lots 29 to 34, inclusive, Block E; and all of Block
F of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida;
That certain parcel of real property shown on the
Plat of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof, recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida, which parcel is designated
"Lake" and which lies between Lake Avenue N and
Lake Avenue S and which surrounds Block F and Lake
Trail in said Subdivision.
Including lots, blocks, easements, rights-of-way,
streets and alleys as shown on the above described
Plats, as vacated by Resolution No. R-82-17 of the
Board of County Commissioners of Palm Beach County,
Florida, recorded January 22, 1982, in Official
Records Book 3662, Page 1600, of the Public Records
of Palm Beach County, Florida.
- 2 - Ord. No. 47-97
The subject property is located approximately 850
feet east of U.S. Highway #1, north of Denery Lane,
south of Royal Palm Boulevard, and immediately west
of and adjacent to the Intracoastal Waterway;
containing 12.4 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 47-97
TRACT
GULF STREAM
G~F CLUB
4,9
WAY
lt~. TE~WA Y NORTH CONDO
CF
u S.A. YRACT
--'I-- (A PORTION OF YAKE PROPERTY)
OTY Of' ~LRAY 8£A. CH. fL.
~.,¢ a ZON~,C O£P~m[NZ FROM: RL (LOW DENSITY RESIDENTIAL) TO: RU (MEDIUM DENSITY RESIDENTIAL)
-~ ~1~1~ ~£ ~ $~'/Z'M -- k~P Ri:r: LUtSO
PLANNING AND ZONING BOARD II
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 20, 1997
AGENDA ITEM: V.C.
ITEM: Rezoning from RL (Low Density Residential) to RM (Medium Density
Residential) for a portion of the Barbara Yake property, located on the
West Side of the Intracoastal Waterway, between Bond Way and
Royal Palm Boulevard.
Owner ............................ Barbara L. Yake
Agent .............................. Listic & Krall, P.A.
Applicant ........................ Porten Companies, Inc.
Location ......................... West side of the ,ntracoasta,
Waterway, between Bond
Way and Royal Palm Blvd. I I I I I 18~888888888888~1:
Property Size ................. 12.34 Acres '~'~i i'~i ~ Ii'
Future Land Use Map .... Medium Density (5-12
units/acre)
Current Zoning ............... RL (Low Density Residential) I IIIIIIIIII1
Proposed Zoning ............ RM (Medium Density Residential) l llll!lllllll
Adjacent Zoning...North: RM
East: Intracoastal Waterway /I ~7/)T~/7/I~/
South: RL ¢ ~_LJ[:::~/_ __/.i ~ I
West: RL --:----] ,. I ' I )1----//- --/'~
Existing Land Use .......... Vacant
Proposed Land Use ....... Rezoning the parcel to : ~-- ~l---~ml--7'~- -~ '~
accommodate a proposed
Sewer Service ................ n/a
-- i '~ J I W,~l~',eWa¥
V.C,
The action before the Board is making a recommendation to the City Commission on a
rezoning request from RL (Low Density Residential) to RM (Medium Density
Residential) for a portion of the Barbara Yake property, located approximately 850 feet
east of U.S. 1, north of Denery Lane, south of Royal Palm Boulevard (extended) and
immediately adjacent to the Intracoastal Waterway. A legal description of the property
is found in Appendix "A" of this report. The subject parcel represents approximately
12.4 acres of the 17.5 acre Yake property.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any property in
the City.
The 17.5 acre Yake property, along with a number of other enclaves in the area, was
annexed into the City on December 13, 1988, and was given a zoning designation of
RM-6 (Medium Density, six units per acre). When the Citywide rezonings were
adopted in 1990 the northern 2 +/- acre piece (immediately east of Royal Palm Blvd.)
was rezoned to RM, allowing for 6 to 12 units per acre, and the remaining portion was
rezoned to RL, allowing for 3-6 units per acre.
When the property was annexed, it became part of the Community Redevelopment
Area, which was expanded in 1987 to include residential areas adjacent to the North
Federal Highway corridor. In 1993 the property was proposed for development as the
Anchorage, a single family subdivision, however formal plans for that development were
never processed.
The North Federal Highway Corridor is an important gateway to the City of Delray
Beach. Economic revitalization of the corridor and the redevelopment of blighted
properties in the area are objectives of both the CRA Plan and City's Comprehensive
Plan. The Community Redevelopment Agency has been charged with the primary
responsibility for promoting the revitalization of the area. In 1994, the CRA adopted the
North Federal Highway Improvement Program as part of its Community Redevelopment
Plan. Due to comments from area residents, property owners, and business owners
regarding the slow pace of redevelopment in the area, the City added language to the
Comprehensive Plan in 1995 that defines the area as "blighted." Comprehensive Plan
Future Land Use Element C-1.6 calls for the preparation of an improvement
(redevelopment) plan for the Federal Highway Corridor by the CRA, with assistance
from the City's Planning and Zoning Department. Among the items to be included in
the improvement plan are provisions for increased residential densities adjacent to the
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 2
Intracoastal Waterway (ICWW), providing for economic stimulation and investment in
the area, and the clustering of smaller businesses in concentrated areas. The full text
of FLUE Policy C-1.6 is included on page 5 of this report.
In 1996, the CRA and Planning Department staffs prepared a redevelopment plan for
the North Federal Highway area. The plan proposed changes in the zoning regulations
for the commercial corridor between Dixie and Federal Highways, in order to allow
certain limited light industrial type uses in addition to the commercial uses. It also
proposed the creation of a High Density land use and zoning classification that would
allow residential densities of up to 18 units per acre, provided that specific performance
standards were met. The High Density designation was to be applied to the entire 17.5
acre Yake parcel, in order to encourage the development of a high-end project that
would attract new residents to the area. The changes to the commercial area were
adopted. However, the plan itself, including the proposed changes to the Yake
property, was not approved.
The Yake property is currently under contract to be purchased by Porten Realty. The
company is requesting that the southern 12.4 acres be rezoned to RM, to allow that
part of the property to be developed at the same density as the northern portion.
The development proposal is the rezoning of 12.4 acres of the Barbara Yake property
to RM, Medium Density Residential. This zoning designation would allow a range of six
(6) to twelve (12) dwelling units per acre. Pursuant to recent amendments that were
made to the RM zoning district regulations, density increases above 6 units per acre
would be permitted only upon achieving performance standards that are intended to
mitigate the impacts of the increased density. Consistency with those performance
standards would be evaluated at the time of site plan approval. The applicant has
stated that the intended development of the property is luxury townhomes.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form that is part of
the official record. This may be achieved through information on the application,
the staff report, or the minutes. Findings shall be made by the body that 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 FLUM designation.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page :3
The underlying Future Land Use Map designation of the property is Medium Density
Residential, 5 to 12 units per acre. The RM zoning distdct is consistent with the FLUM
designation.
Concurrency: Facilities that are provided by, or through the City shall be
provided to new development concurrent with the issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established in the Comprehensive Plan.
The specific areas for concurrency findings are described below.
Traffic:
The current FLUM designation allows for development of the subject property at a
maximum density of 12 units per acre. The current zoning allows for a maximum
density of 6 units per acre, which would permit up to 74 dwelling units. At the traffic
generation rate of seven trips per multi-family unit established by the Palm Beach
County Traffic Performance Standards Ordinance, development under the current RL
zoning could generate a maximum of 518 average daily tdps (ADT).
The proposed RM designation would allow for a maximum of 148 units, or 1,036 daily
trips. Thus, the net increase in potential tdp generation from this proposal is 518 ADT.
The roadways that will be most impacted by traffic from this development are Federal
Highway, George Bush Boulevard, and Palm Trail. Federal Highway, a 4-lane, divided
Highway has a capacity of 31,100 ADT at level of service (LOS) "D." The segment from
George Bush Boulevard to Gulfstream Boulevard (Boynton Beach) currently carries
20,124 ADT. George Bush Boulevard has a capacity of 14,300 trips and current
volumes average 7,243 daily trips. Traffic counts are not available for Palm Trail,
however, the expected volumes will not impede the capacity of the roadway (14,300
ADT). Thus, all of the affected roadways have adequate capacity to accept the
additional traffic from this development.
The traffic study that was submitted in conjunction with the rezoning indicates that the
proposed project will have access only at the south end of the property, directly off of
Palm Trail. Palm Trail functions as a local read, serving a residential neighborhood that
is developed at Iow and medium densities. While sufficient capacity exists to handle
the additional volume, there are concerns about adding approximately 1,000 trips onto
this local roadway. It is staffs position that this project needs to have at least one other
access point, both to mitigate the impacts on Palm Trail, and to divert a portion of the '.
trips onto the North Federal Highway business corridor. Staff has been working with ~
the developer to ensure that an additional access point is provided from one of the i'
other local roads which abut the property (N. Palm Trail, Royal Palm Boulevard, Lake ..
Avenue North, or Lake Avenue South).
The City will require the submission of a more detailed traffic study with a site plan for
the development of the subject parcel.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 4
Water:
The City's water treatment plant has a capacity of 27.2 million gallons per day (mgd).
Current peak demand for the plant is 16.3 mgd. The City's adopted peak level of
service (LOS) is 263 gallons per capita per day (gpcpd). The peak demand for the
plant is estimated as 21.9 MGD at build-out. This estimate was based upon underlying
Future Land Use Map (FLUM) designations, which are not changing with this project.
The proposed rezoning adds a maximum of 74 units, or approximately 162 new
residents (2.19 occupants per unit) to the City's build out population. The plant has
sufficient capacity to accommodate that additional demand.
Existing City 8" water lines end at the property lines of the site in the Palm Trail, Lake
Avenue North, and Lake Avenue South rights-of-way. No off site water improvements
should be required for development of the subject property.
Sewer:
The South Central Wastewater Treatment Plant has a capacity of 12 million gallons per
day (mgd) allocated to the City. Current peak demand for the City is 8.56 mgd, and the
projected peak demand at build out is 9.05 mgd. Again, this estimated demand is
based upon underlying FLUM designations. The plant has sufficient capacity allocated
to the City to accommodate the additional demand created by the rezoning.
Drainage:
The proposed rezoning will not significantly affect drainage LOS for the South Florida
Water Management District (SFWMD). Any proposed development of the site must be
reviewed by the SFWMD to ensure compliance with that agency's standards.
Solid Waste:
The proposed rezoning will permit a maximum of 74 additional units. The Solid Waste
Authority (SWA) estimates that a residential unit generates 1.99 tons of solid waste
annually. The maximum 147 tons per year generated by the additional units will not
affect LOS for solid waste disposal. Any proposed development of the site will be
reviewed by the SWA for compliance with concurrency requirements.
Parks and Open Space
The Delray Beach Comprehensive Plan Open Space and Recreation Element indicates
that the City has met the adopted level of service for parks and recreational facilities for
the ultimate build-out of the City. Build-out is based upon the maximum development
potential given the underlying FLUM designations. The rezoning does not affect that
estimate. It is noted that a $500.00 per unit park impact fee is required for each
dwelling unit constructed in the City. That fee is collected upon issuance of building
permits.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 5
Consistency: Compliance with the performance standards set forth in Article 3.3
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.
A review of the Goals, Objectives, and Policies of the adopted Comprehensive Plan
and the proposed (transmitted to the State but not yet adopted) new Comprehensive
Plan was made, and the following applicable policies were identified.
Future Land Use Element Policy C-1.6 (adopted Comp Plan); C-1.4 (proposed
Comp Plan): The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
Railroad to the west, the easterly boundary of the CRA to the east, George Bush
Boulevard to the south, and the north City Limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and "Stabilization
and Revitalization" on the Residential Neighborhood Categorization Map
contained in the Housing Element. Many of the remaining parcels are currently
vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified
as a blighted area. The CRA will be the lead agency for the preparation of an
Improvement Program for the North Federal Highway Corridor. The City, through
its Planning and Zoning Department will provide support and assistance to the
CRA in the preparation of the North Federal Highway Corridor Improvement
Program. The program will, at a minimum, address the following issues:
Improvement of the appearance of the area;
Identification of appropriate uses for parcels adjacent to Dixie Highway and
the FEC Railroad tracks;
· Identification of and strategies for elimination of inappropriate and marginal
uses;
· Provision for increases in permitted residential densities adjacent to the
Intracoastal Waterway;
· Directing smaller businesses to more concentrated areas;
· Providing economic stimulation and investment in the Area;
· Creation of jobs; and,
Stabilization and preservation of residential neighborhoods through new
development redevelopment and the elimination of blight.
The plan will be completed in FY 97~98.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 6
One of the principal goals of the improvement plan is to stimulate the revitalization of
the North Federal Highway Corddor by encouraging new residential development. The
above referenced policy specifically identifies the use of density increases for
properties located along the Intracoastal Waterway as a means of stimulating new
residential development. The increased densities will provide incentives for developers
to create new housing opportunities in a relatively depressed residential area. The new
residential development would help to stimulate commemial development along Federal
Highway by creating demand for goods and services in the area. Increased density
would also help to reverse the declining traffic counts on Federal Highway that hinder
commercial redevelopment. Thus, the proposed rezoning helps to fulfill two items
included in Policy C-1.6: provision for increased density adjacent to the Intracoastal
Waterway and encouraging economic stimulation and investment in the area.
The North Federal plan has been on hold since last year, however, staff will be
revisiting it in November. This parcel will continue to be a key component of the plan.
Conservation Element Policy B-2.2 (adopted and proposed Comp Plans)
Whenever and wherever significant or sensitive flora and fauna are identified,
they shall be preserved as if they were environmentally sensitive areas as
formally identified in Objective B-1.
An environmental study of the entire 17.5 acre site has been conducted. There are
areas of mangroves on the portion of the property that is to be rezoned, some of which
have already been impacted by previous clearing activities on the site. Those at the
southern end of the property are in good condition and are to be preserved and
enhanced through sensitive site planning. That area of mangroves will be increased
from approximately six-tenths of an acre to one acre in size. There are additional
wetland areas of lesser quality that are to be filled subject to off-site mitigation. That
mitigation will take place through the enhancement of wetlands .on the City-owned
conservation tract located on the Intracoastal Waterway, soUth of the Yake property.
The preservation, enhancement, and mitigation activities will be addressed in greater
detail through the site plan process. The rezoning itself does not create an additional
impact on the environmental features, rather, the site plan will dictate the extent and
nature of the impact and the required mitigation. [For example, the 1993 plan for Iow
density single family development of this site was more impacting than what is currently
being contemplated, in that it included a plan for the dredging of canals through the
property in order to create additional waterfront lots. ]
Land Use Element Ob_iective A-1 (adopted and proposed Comp Plans): Vacant
property shall be developed in a manner so that the future use and intensity is
appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent uses, and fulfills remaining land
use needs.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 7
As stated under Conservation Policy B-2.2, there are areas of environmental sensitivity
on the site which are to be preserved and/or mitigated through the site plan process.
With regard to the requirement that the project be complementary to adjacent uses,
refer to the discussion below (under LDR Section 3.3.2, Standards for Rezoning
Actions). In terms of fulfilling remaining land use needs, the increased density will help
to fulfill the stated objectives of the North Federal Highway plan, by encouraging new
residential development in the area and providing an additional consumer base for
nearby businesses.
LDR Section 3.2.2 (Standards for Rezoninp Actions): The applicable performance
standards of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land 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.
In terms of adjacent uses, the following are the characteristics of the surrounding
properties:
East - The property is bordered on the east by the Intracoastal Waterway.
Across the ICWW (approximately 300 feet), within the jurisdiction of the Town
of Gulf Stream, is a basin that is approximately 600 feet in depth. It is bordered
by single family homes built on large lots. To the north of those homes is the
Gulf Stream golf course.
South- Immediately to the south are single family homes with an
underlying Medium Density FLUM designation and RL zoning classification.
South of those properties is the City-owned conservation site (Open Space-
Conservation FLUM and zoning designation). Further south, along both sides of
Palm Trails, the development pattem is primarily that of multiple family apartment
and condominium complexes (Medium Density FLUM and RM zoning), with a
portion of R-1-A zoning immediately south of the City-owned property. ~'.
West Immediately west of the subject property is the La Hacienda
subdivision, and a portion of a landscape nursery. This area has an underlying
FLUM of Medium Density, and is zoned RL (Low Density Residential). The
development pattern is a combination of single family, duplex, and multi-family
structures on small lots.
North- Immediately north of the subject property is the remaining portion
of the Yake parcel, which has an underlying Medium Density FLUM and is zoned
RM. The property is vacant. North of the Yake property is the Snow Hill
subdivision (Allen Avenue and the extension of Palm Trail). This area has a Low
Density FLUM designation and is zoned R-1-A (single family). The pattern of
development in the subdivision is a combination of single family homes,
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 8
duplexes, and apartment buildings. North of Snow Hill are the Kokomo Key
townhomes, which have an underlying Medium Density FLUM, are zoned RM,
and are developed at 12 units per acre.
As previously noted, the proposed RM density is consistent with the underlying Medium
Density land use designation that applies to the subject property. It is also consistent
with the overall development pattern of the area to the north, south, and west, which is
a combination of single family, duplex, apartment, and condominium structures. As
recently amended, the actual density of a particular RM development is based upon its
ability to achieve certain performance standards, which are intended to mitigate the
impacts of the increased density and ensure that the project is compatible with
surrounding land uses. The standards address issues such as traffic volumes, speed,
and circulation patterns; massing and placement of buildings; landscape buffers and
building setbacks; architectural design; unit types and sizes; preservation of natural
areas; and alternative modes of transportation. When a specific development plan is
submitted, it will be evaluated on the basis of those standards.
With regard to the Iow density homes to the east, they are physically separated by the
Intracoastal Waterway and a private basin. This allows for a distance from the subject
property that ranges between 300 to 900 feet. The impact of the rezoning on those
properties will be purely a visual one. The current RL zoning allows for multi-family
development up to six (6) units per acre, with no requirement to comply with specific
building design standards. The performance standards of the RM district will allow for
greater control over site and building design, and will likely result in a more aesthetically
pleasing project.
In summary, as required by Section 3.2.2, the rezoning will allow for development that
will be compatible with adjacent and nearby land uses, and provides sufficient
regulations to propedy mitigate any incompatibility that may exist.
LDR Section 2.4.5(D) Rezoning Findings: Pursuant to Section 2.4.5(D)(t)
(Findings), in addition to provisions ~ of Section 3.1.1, the City Commission must
make a finding that the rezoning fulfills one of the masons for which the rezoning
change is being sought. These masons include the following:
a. That the rezoning 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.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 9
The applicant has submitted a justification statement which states the following:
"Requested zoning RM is of similar intensity as allowed under the future land use
map. The project will consist of Townhomes that provide high quality
architectural design and features. This will improve what is generally known as a
'blighted' area."
This statement references a particular type of development, that of townhouses, which
is not appropriate to consider dudng a rezoning hearing. It lists reason "c" as the
applicable justification: that the zoning is of similar intensity as allowed under the FLUM
designation.
The requested zoning is of an intensity that is permitted under the existing FLUM, and
both the RL and RM zoning districts allow for multi-family development. Both the City
and the CRA have recognized that increased density on the Yake property will provide
an important stimulus for the redevelopment of the N. Federal Highway area. Based
upon the improvement program for the North Federal Highway corridor that is described
in Future Land Use Element Policy C-1.6 of the City's Comprehensive Plan, the RM
zoning is more appropriate for this property.
Other Issues
Coastal High Hazard Area
During the previous hearing for consideration of the FLUM amendment for this property
to High Density, the issue was raised as to whether or not the increased density would
impede hurricane evacuation times and shelter capacities. The Coastal High Hazard
area is defined by the state as "the evacuation zone for a category 1 hurricane.'
Following staff's review of the Palm Beach County Emergency Management Plan and
the Florida Hurricane Evacuation Study for the Treasure Coast, it was determined that
the Yake property is not in an evacuation zone for a category 1 hurricane. During a
category 1 storm, the only areas in the City which are to be evacuated are mobile home
parks and the barrier island (east of the ICWW). This information was confirmed in a
letter from B.T. Kennedy, Jr., who at the time was the Director of the Palm Beach
County Division of Emergency Management. Therefore, it can be concluded that the
additional units permissible under the RM zoning district will not negatively affect
evacuation times and shelter capacity.
The subject property is not in a geographic area requiring review by the Historic
Preservation Board or the Downtown Development Authority.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 10
Community Redevelopment Agency:
The Community Redevelopment Agency Board reviewed the rezoning request at its
meeting of September 25, 1997 and recommended that it be approved.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject properties. A special notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and groups:
Donald Aligrove Fred Ebner
United Property Owners North Palm Trail Association
Joan Baccad Richard Eckerle
Beach Property Owners Assoc. Presidents Council
Jean Beer Kris Garrison, Town Manager
PROD (Progressive Residents of Delray) Town of Gulf Stream
Frank Carpenter Alexa McGrady
Palm Trail Association La Hacienda Association
Scott Christiansen ' Stanley Milosky
Seacrest Association Allen Avenue
Helen Coopersmith Alex Speer
PROD North Palm Trail Association
Letters of objection or support, if any, will be presented at the P&Z meeting.
The proposed rezoning of the subject 12.4 acre property will provide a consistent
zoning classification for the entire 17.5 acre Yake property, allowing greater fiexibility in
the design of a development project. The rezoning is consistent with the direction
outlined in the Future Land Use Element of the Comprehensive Plan for the North
Federal Highway area. The proposed density is consistent with the underlying land use
classifications and development pattern of the surrounding neighborhoods.
Development under the proposed RM zoning classification will be required to conform
P&Z Board Staff Report
Rezoning of Yake Properly from RL to RM
Page 11
to specific performance standards that will ensure compatibility with adjacent properties.
As outlined in this report, the proposal meets required findings for the Future Land Use
Map Consistency, Comprehensive Plan Consistency, and Concurrency. Required
findings regarding LDR Compliance do not apply to this rezoning, as there is no specific
development proposal at this time. The Site Plan Review and Appearance Board will
be required to make positive findings with respect to the LDRs and the applicable
performance standards when a site and development application is received and
processed.
A. Continue with direction.
B. Recommend approval of the rezoning from RL (Low Density Residential) to RM
(Medium Density Residential) for the subject property, based upon positive
findings with respect to LDR Sections 3.1.1 (Required Findings), 2.4.5(D)(1)
(Rezoning Findings), 3.2.2 (Standards for Rezoning Actions), Future Land Use
Element C-1.6 (North Federal Highway Corddor Improvement Program), and other
applicable Goals, Objectives, and Policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request, based on a failure to make positive
findings with respect to specified LDR sections and/or Goals, Objectives, and
Policies of the Comprehensive Plan.
Recommend approval of the rezoning from RL (Low Density Residential) to RM
(Medium Density Residential) for the subject property, based upon positive findings with
respect to LDR Sections 3.1.1 (Required Findings), 2,4.5(D)(1) (Rezoning Findings),
3.2.2 (Standards for Rezoning Actions), Future Land Use Element C-1.6 (North Federal
Highway Corridor Improvement Program), and other applicable Goals, Objectives, and
Policies of the Comprehensive Plan.
Attachments:
· Appendix "a" - Legal Description of Subject Property
· Zoning Map of Subject Property and Vicinity
· Future Land Use Map of Subject Property and Vicinity
S:PLANNI/DOCUME/REPORTS/YAKE,DOC
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
All that part of Lot 1, Correction Map Sowing Subdivision of Property of Harry Seemiller
situated in Lots 36, 1 & 3 Section 9 Township 46S Range 43E Palm Beach County,
Fla., according to the Plat thereof recorded, in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 9, Page 72, Palm Beach
County Records, more particularly described as follows:
Commencing at the northwest comer of Lot 18, Block "C", of La Hacienda, as
shown on Plat recorded in Plat Book 15, Page 6, Palm Beach County Records:
thence North at right angles to the North line of said Lot 18, a distance of 8 feet
to the North line of alley as shown on Plat of La Hacienda, which is the point of
beginning, from said point of beginning run North at dght angles to the North line
of La Hacienda, a distance of 239 feet, more or less, to the North line of Lot 1, of
said Harry Seemiller's Subdivision, thence East along the North line of Lot 1, of
said Harry Seemiller's subdivision to the West right-of-way line of the Intracoastal
Waterway, thence southerly along the West right-of-way line of the Intracoastal
Waterway to the North line of La Hacienda; thence westerly along the North line
of La Hacienda; to the point of beginning,
And
Lots 20 to 27, inclusive, and Lots 29 to 34, inclusive, Block C; Lots 21 to 27,
inclusive and Lots 29 to 34, inclusive, Block E; and all of Block F of La Hacienda,
a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat
Book 15, Page 6, of the Public Records of Palm Beach County, Florida,
And
That certain parcel of real property shown on the Plat of La Hacienda, a
subdivision in Palm Beach County, Florida, as per Plat thereof, recorded in Plat
Book 15, Page 6, of the Public Records of Palm Beach County, Florida, which
parcel is designated "Lake" and which lies between Lake Avenue N and Lake
Avenue S and which surrounds Block F and Lake Trail in said Subdivision.
Including lots, blocks easements, rights-of-way, streets and alleys as shown on
the above described Plats, as vacated by Resolution No. 82-17 of the Board of
County Commissioners of Palm Beach County, Florida, recorded January 22,
1982 in Official Records Book 3662, Page 1600, of the Public Records of Palm
Beach County, Florida. Containing 12.34 acres more or less.
M.$.A. TRACT
~[RAY GULF STREAM
swAP s~op GOLF CLUB
TRACT
M
WATERWAY NORTH CONDO
ST. VINCENT'S THE
CHURCH LAND~WGS
CF-C MDR -.
#.r M.S.A. TRACT ~
OS-C
~ FUTURE LAND USE MAP
OTY ~ ~L"AY BEACH. rL (,A PROPERTY)
PLANNING & ZONING DEPARTMENT
---- OIGII'AI. ~4~g' I,(,4P S}~;[EM -- MAP REF: LM180
40? 279 ~989 LISTICK ~ KR~LL 82
LISTIC:K & KI~IALL. ~.A.
Itl l, ATLaNtiC AV~U~
October 30, 1997
Mrs. Diane Dominguez
Planning D£rector
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Pk. 33444
R~: Yak9 Prooertv/Por~e~ ComDanY. Inc. Eezonina
Dear Mrs. Dominguez:
As you know, at the Planning and Zoning Meeting of October 20,
1997, the Board voted to favorably reoo~Jlend approval of the
zoning application to rezone the 12 acre portion of the Yaks
Property from RL to RM. The developer displayed a preliminary site
plan with approximately 100 units. The public generally supported
~he proposed site plan and rezoning, but some members of the public
expressed two concerns, namely=
1. ~en though they liked the proposed site plan, some were
=oncerned that changing the zoning might result in 1=he maximum of
twelve (12) units per acre as opposed to approximately six (6)
units per acre proposed on the site plan. In short, the public
wanted assurance that approval did not result in a project with the
maximum density of 12 units per acre.
2. AS an aside to this project, some members of the public
expressed disappoLntment that the City 'was not addressing a
perceived traffic problem on Bond Way even though this project
would not greatly impact Bond Way. These members of the publLo
were using this public forum and th~s application as a ~eans of
getting the city's attention directed to their "dile~ma" even
though this project did not cause their "dilemma" nor would it
severally increase their "dilemma".
As you know, the overall Yaks Parcel is 17 acres, 5 acres of
which already is zoned for up to 12 units per acre (~0 units) and
the remaining 12 acres is currently zoned for up to 6 units per
acre (72 ~its). Thus, the current zoning would allow
approximately 132 units, and the applicant presented a s~te plan
for approximately 100. The issue was raised as to whether the
developer might, at a later tLme, request approval of a d~fferent
site plan having a total density equal to the new maximum density
(about 200 Units if the zoning application iS approved) rather than
the lower density proposed in the site plan. The Developer desires
to have tho entire property with the Game density and ~oning
classification; that would allow greater flexibility in location
1Ux$0/97 ]2:~6 ~ 407 27~' 69~9 LISTICK ~ KRALL 03
Mrs. Diane Dominguez -2- October 30, 1997
units, planning for setbacks, and flexibility to deal with
environmental issues, etc. Also, because of mangroves and
environmental issues to be addressed in engineering and at SPRAB,
it may be more difficult to create the best plan for the site
unless there is the greater flexibility of RM.
When a prior developer proposed about 300 units for this
pro)eot, the residents said "that was too much", but they said they
would support 150-170 units. ~ presume that this application with
a suffix of 8 should satisfy them. If that doesn't satisfy them,
nothing will.
Thus, in order to ease the fears of some members of the public
who fear that my client will try to develop the maximum density, my
client hms authorized me to offer a "compromise" ms an indioation
of good faith. Thu~, in order to assure that the property is not
built to the maximum density of RM12, the applicant would agree to
a -suffix of 8- so that the zoning designmt~on could be R M8 in lieu
of RM as stated in the application.
The perceived problem of traffic o~ Bond way was not created
by this project and cannot be resolved by Ported Properties, Ino.
However, this developer is sympathetic to the voice of residents
along Bond Way and believes that this is a matter to be addressed,
but not as a part of this application. Ported Properties, Inc.
offers reasonable cooperation to help the City and the Bond way
neighbors to find a solution, since Ported will be a substantial
land owner in the vicinity. However, this project should not be
held captive or delayed because some residents are unhappy about
what they perceive as City inaction about Bond Way.
As you k/~ow, Ported Properties, I~¢. has an excellent
reputation. The offer of having a rezoning approval with an RM8
designation should beviewed as evidence that the increase from six
(6) units per acre to a maximum of eight (~) units per more will
not result in a~ overbuilt site. However, the City should favor
the increase in density to RM8 which would allow more flexibility
to obtain a better site plan as compared to the current zoning.
Also, all parties should have faith in the ability of SPRAB to set
a high standard for the site plan.
Very truly yours,
MICHAEL M. LISTICK
MML/mlw
fif. d 5 0 1991
, C. KAUFFMAN &.ASSOCIATES,
A'FrORNE¥S AT LAW r. ITY
q~FIf;~
FAX (~1)
-m =ou~.a. October 30, 1997
°' ~ ~ FOX
The Honorable Jay Alpedn [ ' '
Mayor, City of Delray Beach ,. ,r.'. .... .."..:' ~'~::...:..:.': ..... :!', ~
100 N.W. 1st Avenue .............. :-..
Delray Beach, FL 33x.~?.-2698
Re: Yake Property
Dear Mayor Alpedn:
Please be advised of my representation of The North Federal Highway Task Team, The
boundaries of the group are George Bush Boulevard to Gulfstream Boulevard, Dixie Highway to
the Intracoastal Waterway.
As you no doubt are well aware the Planning and Zoning Board by a 312 vote approved
the proposed rezoning of 12.4 acres of the Barbara Yake Property to RM. This zoning
designation would allow a range of 6 to 12 dwelling units per acre, and we have been informed
that the proposed applicant, Porten Companies, Inc., intends to limit the development to 8 units
per acre, which of course is less than the 12 provided for the Board's approval .... a pleasant
concession, but not a solution.
Naturally, the approval of the Zoning Board is only advisory to the City Commission and it
is our hope at this time to reassed our opposition to this proposed approval. Following are the
reasons of continued opposition of the residents:
1. The proposed change is totally incompatible with the existing and surrounding
zoning immediately to the West. The subject property is known as La Hacienda, a subdivision
with a development pattern made up of a combination of single family and duplexes.
Unquestionably, there will be an increased residential density in the coastal high hazard area.
2. There does not appear to be any sensitivity nor concern for the resultant
additional drain and strain on the existing school system which already is overburdened with
many portable classrooms. At the very hearing of the Zoning Board, · local teacher testified that
the development of the project as requested would clearly cause a further overburdening and
overstressing of the existing school facilities.
3. To permit development to the degree of density of the requested approval, would
further tax the shelters that are currently overburdened. In the ORC Report (Objections,
Recommendations and Comments Report) dated September 13, 1996 from the Florida State
Department of Community Affairs to the Honorable Jay Alperin, regarding the City of Delray
Beach (96-1A) are as follows:
!. Future Land Use Mae Amendment
(a) ~ The City did not provide a justification for the proposed increase in
residential density with the coastal high hazard area and did not provide data and
analysis demonstrating the potential impacts to evacuation times and potential
shelter space that would be affected (Rule 9J-5.O06(3)(b)5, 9J-5.006(3(b)5, and
J-11.oo7(1), FAC.).
(b) Recommendation: Provide a justification for the proposed increase in residential
ensity within the coastal high hazard area and provide data and analysis
demonstrating the potential impacts to evacuation times and potential shelter
space that will be affected. If the impacts associated with the increase in
residential density has a negative affect on evacuation times and/or shelter space,
the City should withdraw the amendment.
4. A further concern is the substantial increase in the traffic volume and pattern
which could cause severe dsk of bodily harm to residents in the existing communities that ere
west of the proposed development. It would be a tragedy to suffer a loss of either an adult or a
child's life before the legitimacy of this concern is fully understood.
5. While the current developer has expressed a willingness to limit the development
to 8 units per acre, there is sincere concern that if a new developer comes in he may well not be
willing to abide by that limitation and it is clear that such agreement is not necessarily a covenant
that would run with the land.
While it is a positive concept to increase the tax base and the density of Delray, it should
be done in a manner that the City shows cooperation with the Florida State Department of
Community Affairs and will eliminate any hazards that could be created for all residents East and
West of the intracoastal waterway especially during emergencies.
We look forward to appearing before your Board of Commissioners and we thank you for
considering this letter and that which you will hear from members~f my group at the Commission
m.fing. I am available at .,time, toyou and .ny representafi, of tl'[e-Cit, l~t~y to discuss
AC~nd
cc: Michael Listick, Esq.
City of Delray'Beach Commissioners
Planning and Zoning Board
The Honorable W'dliam F. Koch, Jr.
Kris Garrison, Town Manager, Gulfstream
Diane Dominguez, Director of Planning and Zoning
AJ. AN C. KAtYFFMAN &ASSOCIATF. S, P.A. TI.I~ I'I. AZA $355 TOWN CF. NT'r.R P. OAD S1]ITE 1102
BOCA PA'TON, FLOP. ZI~A ~.~lg6 T~-I-~-PHON"E (561) Sf~-7600 FAX (561)
Alex Speer, Norl~ Palm Trail Homeowners Association
Joan Vaccari, Delray Beach Property Homeowners
North Federal Highway Task Tea~m
DCA
North and Sou~ Lake Association
ALAN C. lr. At.,'FFMAN &.A~q~X:IATF. S, P.A. TI'~ FT,,AZA 5355 TOWN CEN'FI~RC)AD ~ 1102
BOCA aA?ON, F'LOR,~uq 33486 7'F-t F-PI-IONT.. ($61) 394.76~0 FAX (561) 394-0891
November 4, 1997
TO WHOM IT MAY CONCERN:
I reside at 815 Palm Trail, Unit #1, Delray Beach. I strongly
favor the development of the Yake Property into townhomes as
proposed by Porten Properties, Inc. I believe the density cap of
8 units per acre is sufficient and that townhomes is a good use of
the property and shall improve the area. I do not believe that
there will be a substantial increase in traffic on Palm Trail.
ANN TAYLOR`
AT/mlw
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MA~AGER~
SUBJECT: AGENDA ITEM #iT - REGULAR MEETING OF OCTOBER 21, 1997
ORDINANCE NO. 44-97 (LDR AMENDMENTS REGULATING THE
CONSTRUCTION OF LARGE HOMES)
DATE: OCTOBER 17, 1997
Attached is documentation from the Planning Department concerning
the revisions to the proposed LDR amendments as they relate to the
large home compatibility issue. Ordinance No. 44-97 reflects the
changes discussed by the City Commission at the October 7th
meeting.
Ordinance No. 44-97 is before the Commission for consideration on
first reading. Please note that two different Exhibits "A" and
"B" are attached to the ordinance. Exhibit "A" pertains to the
definition of height. The first Exhibit "A" includes language
limiting the height of chimneys, cupolas or other appurtenances
while the second does not. Likewise, Exhibit "B" is provided in
duplicate. The first Exhibit "B" includes the increased side
setback requirement for second and third floors in the R-1AA
zoning district while the second excludes the R-1AA district from
this requirement.
City Commission consideration and direction is requested.
ref: agmemol 1 ~
TO: DAVID T. HARDEN
THRU' D~NGUEZ,
DEPARTMENT OF PLANNING ~N/D ZONING
SUBJECT: SUPPLEMENTARY INFORMATION RELATED TO THE LDR
AMENDMENTS RECOMMENDED BY THE LARGE HOME TASK
TEAM (CONTINUED FROM THE OCTOBER 7, 1997 MEETING).
At the public hearing on October 7, 1997 the City Commission denied Ordinance
43-97 on first reading and requested additional information relating to
recommendations of the Large Home Task Team and their impact on properties in
the City. The following supplementary information is provided for the City
Commission's consideration.
Height: In reviewing the five communities which are experiencing similar
development pressures all communities have a maximum height limit which includes
a limit for the highest point of the roof. The City of Delray Beach has a 35' height
to the mean level of the roof however, has no upper limit for the highest part of the
roof. In comparing the recommendations of the task team to other city's codes the
following is noted:
Boca Raton 25' 35'
Gulf Stream 35' 35'
Ocean Ridge 35' 35'
Manalapan 30' & 35' 40' & 45'
Palm Beach 40' 40'
Delray Beach 35' NA
The proposed maximum height of 35' to the highest point on the roof (except for
chimneys and cupolas) is consistent with three of the five communities which were
analyzed. It is noted with the maximum height of 35' the three communities have
not experienced a noticeable increase in flat roofs. Concerns over a proliferation of
fiat roofed structures has been further addressed by the Town of Ocean Ridge
through a restriction that flat roofs are allowed on no more than 10% of the
structure.
Floor Area Ratios Floor Area Ratio (FAR) is the relationship between the building's
total floor area and the area of the lot it sits on. If a building is 3,500 sq.ft, and it sits
on a lot of 10,000 sq.ft, its FAR is .35. This direct relationship results in the ability to
build bigger homes on bigger lots. Three of the five surrounding communities
considered in this analysis have a FAR for their residential districts. Delray Beach,
Boca Raton and Manalapan have no FAR requirement.
Boca Raton None
Gulf Stream .33 & .20
Ocean Ridge .36
Manalapan None
Palm Beach .45
Delray Beach None
The Task Team's proposal to implement a .40 FAR would allow the following
maximum house sizes within single family zone districts:
R-lA 7,500 1,000 3,000
R-lAB 7,500 1,500 3,000
R-1AA 9,000 1,500 3,600
R-1AAB 9,000 1,500 3,600
R-1AAA 12,500 2,200 5,000
R-1AAAB 12,500 1,500 5,000
*These maximum house totals indicated here allow slightly larger homes as the maximum floor
area does not include terraces, and counts only 50% of attached garages, carports, and
screened porches.
Attached is a visual representation of the impact of the increased setbacks for
second and third floors on a R-1AA lot (75x100). Two alternatives for the
definition of height are also included, one which contains language limiting the
height of chimneys, cupolas, and other building appurtenances and one which
does not. In addition, two exhibits of the development matrix are provided,
one which includes an increased second and third floor setback for R-1AA lots
and one which does not.
plan/doc/ccfar
10' Nin
! / !
I I
, ~ , Top Elevation
i ,~ i 100'
I I Minimum Building Setbacks
.' I / For First Floor
Proposed Increased Side Setbacks
!
For Second & Third Floors
I !
I
17' ! 41,,~l 17, p
30'Min
Property Line
2nd/3rd Ftoors
, 17-' ,-~ 4~' ~' ~7' .~ont Ele~affon
.... First Floor Could Also Be
Fl '- iI~ Placed At The Increase
51' Setback Line (17') If Stepped
12'
~- !- Back Design Is Not Desired
I ]s~c FLoor
I
I
~ Edge of Property
= 75' =
~ PROPOSED SETBACKS FOR R-l-AA LOTS
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
--- DIGIFAL ~SE ll~4P ~FEM ---- MAP REF: LMA63
ORDINANCE NO. 44-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4 (J) (1) , "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ~_LL SINGLE
FAMILY HOMES WEST OF A1A; AMENDING SECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL
SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK
REQUIREMENT FOR SECOND AND THIRD FLOORS IN CERTAIN
SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND
EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD A1A
FROM THESE CHANGES; AMENDING APPENDIX "A",
"DEFINITIONS" TO ADD A DEFINITION FOR "FLOOR AREA
,
(GROSS)" AND FOR "FLOOR AREA RATIO (FAR)";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That Chapter Four "Zoning Regulations"
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1),
"Height", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as set
forth at Exhibit "A" attached hereto and made a part hereof.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3'.'4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as set forth at Exhibit "B" attached hereto and made
a part hereof.
Section 3. That Appendix "A", "Definitions", of the
Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as set forth at Exhibit
"C" attached hereto and made a part hereof.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be
invalid.
Section 6. That this ordinance shall become effective
immediately upon 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. 44-97
EXHIBIT
(Definition of Height INCLUDING Restriction
(j) ~e~_~h~..himneys, cupolas or other appurtenances)
(1) ~: For all single family detached homes west of AIA height
shall be defined as the vertical distance from grade to the highest finished roof surface
of a fiat roof or the highest point of the roof of a gable, hip. or gambrel roof. For all other
structures, height is defined as the vertical distance from grade to the highest finished
roof surface of a fiat roof or to the mean level between eaves and ridge for gable, hip,
or gambrel roofs. Chimneys. cupolas or other appurtenances on buildings are limited
to a maximum of 5' above the highest part of the pro.Dosed structure or the minimum
required by the Standard Building Code. which ever is greater, The height set forth in
the matrix .is the maximum height for all structures within the respective zone district
except as provided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
.... from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three storieS, within residentiallY zoned districts, the
grade .is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no cimumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-91 6111191]
EXHIBIT "A"
(Definition of Height EXCLUDING Restriction
for chimneys, cupolas or other appurtenances)
(J) Height:
(1) Defined: For all single family detached homes west of A1A height
shall be defined as the vertical distance from grade to the highest finished roof surfaco
of a fiat roof or the highest point of the roof of a gable, hip. or gambrel roof. For all other
structures, height is defined as the vertical distance from grade to the highest finished
roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip,
or gambrel roofs. The height set forth in the matrix is the maximum height for all
structures within the respective zone district except as provided for in Subsection
4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-91 6/11/91]
EXHIBIT
o
o
o ~ z 9
fi:: ~ Z
o o 0 m z ~
0 o 0 C Q ~ o
Boca Raton News, 'Friday October 24, 1997 ~'B
~ITIfOFB~I.qAY B~,AOI~I~,~IlI)A These above chants wilF ~t apply ~0
~ ~ ~ ~ ~m~ east ~ A1A exert ~ 1~ max-
imum ~[ght (5' a~ve the hight pa~
A PUBLIC HEARING ~ill ~ ~ld ~ ~ t~ building) ~ building a~u~e
~ ~l~ing ~ ~dinanc~ at
~ (~ at any c~tinuafion
~h m~ing ~ich is ~ by ~
m~s~), in ~ C~H C~m~ AN ORDINANCE OF THE CITY COM.
Ch~rs, I~ NW. 1st Av~ue, ~i- MISSION OF THE CITY OF DELRAY
ray Beach, F~ida, at ~ich time t~ BEACH, FLORIDA, ~ENDI~G
City C~mission wiU ~sJ~ ~ir CHAPTER 101, 'PARKS, BEACHES,
~ti~. T~ ~ ~Jnanc~ AND RECREATION', OF THE CODE
~y ~ i~ at ~ ~ice ~ the OF ORDINANCES OF THE CITY OF
Ci~ Cl~k at Ci~ Hail I~ N.W. 1~ D~LRAY BEACH, BY ~END~NG
Av~, ~lray ~ach, Florida, ~ SECTION 101.~5, ~DEFJNIT~O~S', TO
~ the ~rs ~ 8:~ a.m. 1o 5:~ PROVIDE FOR THE INCLUSION
~i~. AI~ i~t~ ~i~ are i~CITY - OWNED PROPERTY GE~ER-
v~ to a~end a~ ~ heara with r~ ALLY L~ATED NORTH OF BEACH
DRIVE AND ~AST OF STATE ROAD
~tot~e pr~ ~inances. AA-A, AS MORE FULLY DE-
~~ SCRIBED HEREIn, AS PART OF
THE DEF4NJTION OF THE MUnICh
AN ORDINANCE OF THE CITY COM- PAL BEACH; PROViD)NG A SAVING
MISSION OF THE CITY OF DELRAY CLAUSE, A GENERAL REPeALeR
BEACH, FLORIDA, ~ENDING SEC- CLAUSE, AND AN EFFECTIVE
TION 4.3.41J)(1L ~HEIGHT', OF THE DATE.
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY Plea~
BEACH, TO PROVIDE FOR HOW ci~ to a~al any ~sion made by
HEIGHT SHALL BE DEFINED FOR t~ City Commi~i~ wi~ r~t to
ALL SINGLE F~ILY HOMES WEST any mawr consi~ at th~s heaH~g,
OF A1A; ~ENDING SECTION such ~ will n~ a r~d ~ the~
4.3.~(K), 'DEVELOPMENT 5TAN- ~i~gs, a~ f~ this pu~ suc~
DARDS ~TRIX', TO PROVIDE FOR ~ may ~ to ~sure that aver.
A MAXIMUM FLOR AREA RATIO batim r~ inc~ 1he testimony
FOR ALL SINGLE F~ILY ZONE
DISTRICTS, AN INCREASED SET- ~ ~ ~ The C~ty ~ not prov~e
~ACK REQUIREMENT FOR SEC- ~ ~re such r~. Pursuant to
OND AND THIRD FL~RS IN CER- F.S. 2~.010S.
TAIN SINGLE F~ILY RESIDEN-
TIAL ZONE DISTRICTS, AND EX- CITY OFDELRAY~EACH
~PTING PROPE~TJ~S L~ATED Ali~ ~cGr~
EAST OF STATE ROAD ATA FROM Ci~Clerk
THESE CHANGES; ~ENDING AP-
PENDIX eA', 'DEFINITIONS', TO
ADD A DEFINITION FOR 'FLOR ~aRa~N~
AREA (GROSS)' AND ~OR 'FLOR Ad141~
AREA PATIO JFAR)"; PROVIDING A
GENERAL REPEALER C~USE, A
~VING C~USE, AND AN EFFEC-
TIVE DATE.
IN SUGARY, THE CHANGES WILL
INCLUDE:
1. A ~xim~m FAR (F~ Area R~
te~ d ~ ~ all ~ lamily ~;
2. A chan~ in ~ ~init~ ~ ~ight
~ all~ a ~ximum ~ight ~ ~$' to
~ hi~t ~a~ ~ ~e r~ (exert for
hight ~i~ ~ t~ buileing);
3. A 5' incree~ ~ck ~ ~nd
a~ third fl~s ~ ~ R-1A~A,
R-I~B, R.1AA, a~ R-I~B zoning
dJ~i~s;
CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAY, OCTOBER 21, 1997 (or at any
continuation of such meeting which is set by the Commission), in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider their
adoption. The proposed ordinances may be inspected at the Office
of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except holidays. Ail interested parties
are invited to attend and be heard with respect to the proposed
ordinances.
ORDINANCE NO. 44-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.3.4(J) (1), "HEIGHT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE FAMILY HOMES WEST
OF A1A; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS
MATRIX", TO PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL SINGLE
FAMILY ZONE DISTRICTS, AN INCREASED SETBACK REQUIREMENT FOR
SECOND AND THIRD FLOORS IN CERTAIN SINGLE FAMILY RESIDENTIAL ZONE
DISTRICTS, AND EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD
A1A FROM THESE CHANGES; AMENDING APPENDIX "A", "DEFINITIONS", TO
ADD A DEFINITION FOR "FLOOR AREA (GROSS)" AND FOR "FLOOR AREA
RATIO (FAR)"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
IN SUMMARY, THE CHANGES WILL INCLUDE:
1. A maximum FAR (Floor Area Ratio) of 35% for all single family
homes;
2. A change in the definition of height to allow a maximum
height of 35' to the highest part of the roof (except for
building appurtenances which could extend a maximum of 5' above
the highest portion of the building);
3. A 5' increased setback for second and third floors for the
R-1AAA, R-1AAAB, R-1AA, and R-1AAB zoning districts;
These above changes will not apply to homes east of AIA except
for the maximum height (5' above the highest part of the
building) for building appurtenances.
ORDINANCE NO. 45-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE
INCLUSION OF CITY-OWNED PROPERTY GENERALLY LCOATED NORTH OF BEACH
DRIVE AND EAST OF STATE ROAD A-i-A, AS MORE FULLY DESCRIBED
HEREIN, AS PART OF THE DEFINITION OF THE MUNICIPAL BEACH;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
October 24, 1997 Alison MacGregor Harry
City Clerk
Instructions to the Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
10/23/97 THU 14:13 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT
*********************
TRANSMISSION OK
TX/RX NO 1018
CONNECTION TEL 93384849
CONNECTION ID BOCA NEWS
ST. TIME 10/23 14:11
USAGE T 01'58
PGS. SENT 3
RESULT OK
[lTV DF DELRI:I¥ BER£H
TO: N~w.~: NANCY $1~TH/LEOAL CLASSIFIED SECTION 338-4849
CO~Y: ~ BOCA ~TON ~S SPEED DI~: ~1
CITY: BOCA ~TON, ~
F~OM: CITY OF DEL~AY ~EACIi/CITY CLICi~'S OFFIC;
N/~NI~ OF $I~NDI~Rs SU$AN L. N. ALONE¥
If you do not receive all the pages, please call as soon as
possible and ask for individual (sender) noted above.
The following ~nformation is ~o be filled out by ~he recipient.
FAILED ON SECOND AND FINAL READING - 11/4/97
ORDINANCE NO. 44-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J) (1), "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE
FAMILY HOMES WEST OF A1A; AMENDING SECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL
SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK
REQUIREMENT FOR SECOND AND THIRD FLOORS IN CERTAIN
SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND
EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD A1A
FROM THESE CHANGES; AMENDING APPENDIX "A" ,
"DEFINITIONS", TO ADD A DEFINITION FOR "FLOOR AREA
(GROSS)" AND FOR "FLOOR AREA RATIO (FAR) ";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1),
"Height", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as set
forth at Exhibit "A" attached hereto and made a part hereof.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as set forth at Exhibit "B" attached hereto and made
a part hereof.
FAILED ON SECOND AND FINAL READING - NOVEMBER 4, 1997
Section 3. That Appendix "A", "Definitions", of the
Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as set forth at Exhibit
"C" attached hereto and made a part hereof.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be
invalid.
Section 6. That this ordinance shall become effective
immediately upon 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 OCTOBER 21, 1997 - PASSED
Second Reading NOVEMBER ?, 1997 - MOTION FAILED
- 2 - Ord. No. 44-97
Exhibit "A" to Ordinance No. 44-97
(J) Hei_~ht:
(1) Defined: For all single family detached homes west of A1A height
shall be defined as the vertical distance from grade to the highest finished roof surface
of a flat roof or the highest point of the roof of a gable, hip. or gambrel roof. For all
other structures, height is defined as the vertical distance from grade to the highest
finished roof surface of a flat roof or to the mean level between eaves and ridge for
gable, hip, or gambrel roofs. Chimrleys, cupolas or other appurtenances on buildings
are limited to a maximum of 5' above the highest part of the proposed structure or the
or the minimum required by the Standard Building Code. which ever is greater. The
height set forth in the matrix is the maximum height for all structures within the
respective zone district except as provided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-91 6111191]
Exhibit "C" to Ordinance No. 44-97
CI"I:E; CCI[t:-~IJLT~IT!:~ 15612434Y]'Y F'. ~_--~1
/
/~m.,~'~= ~7~ ~/~-/Z~J~.g7~ 933 Gardenia Drive
DelrAy Beach, Flor&d~ 33483
j Nove~er 17, 1997
Delray City Hall
100 b~. W. 1st Avenue
De].ray Beach, Florida 33444
Dear City Commissioners:
We p~-¢:hased our land in Tropic Isle and b~lilt a fine house, one
that you and the co~m~unity can be proud of.
Our investment was significant and was made on the basis of con-
tinued increasin~ value. Your actions to change Ordinance 44-97
can have an adverse impact on our property value and represe~l~s an
unfair situation.
Please do not change the ground rules after the game has stab-ted.
Sincerely,
~arrie~ and Naddy Schnepp -
NOV--12--9? WED 12:27 PM 5 561 569 1882 P. 01
Tropic Isle
958 ~cCleary St.
Delray Bb., Fi. 33483
TO ALL CONCERNED:
SUBJECT: NO NEW RESTRICTIONS:
NO CHANGES TO ORDINANCE $4-97
We have owned our home in Tropic Isle since 1982 now we hear
the city commissioners got a brainstorm to pass an ordinance
restricting us to build or remodel our home. This is a beau-
tiful area and we pay high taxes for this privilege. We are
outraged that the Delray City Commissioners decided to take
our RIGHTS away. What is the reason for this action: Is it
to discourage us from having a nice home in Delra~ tn shanty
town: S~op wasting tax payers money on consultants concerning
this matter. Wake up and concentrate on improving our canals,
and streets.
We can't tolerate you~ actions: Looking forward to vo~ing
Sincerely,
Bob & Pat Miner
cc: Jay Alperin - Mayor
Kevin Ega~ - Vice Mayor
David Randolph
David Schmidt
Kenneth Ellingsworth
PROPERTY RIGHTS DELRAY BEACH - PROPERTY RIGHTS
On Tuesday, November 4th, the Delray City Commissioners will take away your
existing Property Rights. If there is no opposition, the restrictions that the
Commission proposes will become LAW. These Restrictions affect.4LL residential
Property Owners in Delray Beach except Oceanfront Property Owners.
THE RESTRICTIONS:
1. If you want to build, remodel or sell to someone else who wishes to build or
remodel, the Deiray City Commissioners want to restrict that ability by
approximately 40%. This means the existing property rights that have served us
well for many years will be changed by the City Commissioners. This change will
limit the size of home to be built or remodeled to only 35% of the property.
Compared to the existing rights this new restriction will result in an approximate
40% reduction in the size home you would be allowed to construct or remodel.
2. The new restrictions would also require an additional 5' setback on the
second and third floors which will increase the cost of construction by thousands of
dollars. The City Commissioners should not be telling you how to spend your
money. The City Commissioners should not be imposing an additional financial
burden to your potential construction costs. If you or a potential buyer is not
allowed to build the home of choice in Delray, the home will be built elsewhere.
Thus, these new restrictions, when forced upon you by unnecessary governmental
interference, will DEVALUE your property. If you do not speak now to protect your
property rights, your Delray City Commissioners will take these rights away.
The Delray City Commissioners will ~ the Oceanfront Properties.
Why does the City Commission choose to discriminate between the Single Family
Oceanfront Home Owners and those that own homes West of AIA?
Attend and speak your mind at the City Commissioners' meeting at 6 p.m. on
Tuesday, NOVEMBER 4th, 1997. This meeting will be held at Delray City
Hall, 100 N.W. 1st Ave. behind the Delray Tennis Center just off Atlantic Ave.
OR fax this notice after signing and indicating your choice. Our committee willtake
all notices to the meeting and present them to the City Commissioners.
If you need additional information call Dom or Sue Desiderio in Delray at
(561)-276-9765 or fax (561)-243-4781. Your City Commissioners work for. you and'
you need to tell them on November 4th that you want to keep your existing property
rights. SPEAK UP OR FOREVER LOSE WHAT YOU NOW POSSESS.
~ I want to retain the current property rights as they now exist.
f""-'l I want the Delray City Commissioners to take away my existing property
rights.
SIGNED: Print Signature:
ADDRESS: Date:
'S&HDI~ A,I~H2IdOHd DNtI&SIX~I
HflOA d~~ O& ,LN~VA4, flOA A1
/.,66I '~ H~tfllAIStAO~ A, fl (INIOdS~:I
CAROLYN H. R. PATTON
1020 TAMARIND ROAD
DELRAY BEACH, FLORIDA, 33483
October 21, 1997
Dear Mayor Alperin and Members of the City CommL~siom
Please find a~__~ched a summary of research I have done regarding All. America Cities across
America and how they have handled the problem we are facing here in our All. America City..
oversized houses.
I have spent many hours on this research and hope it will guide us in the right directiom I am
confident it will lead us in the right direction for as you can plainly see, all the of the cities have
provisiom for protecting neighborhoods and families from intrusive building.
Si~rely, / . //~ //
SAMPLE ALL-AMERICA CIT~S*--SINGLE FAMILY NEIG~I~ORHOOD ZONING
CITY HEIGHT LIMIT FAR SETBACKS
(None below are averaged)
Higlfland Park, Il. 32-35' / Accessory bldgs: 18' 29-31% front: 40'
side: 25-30% of lot width
12-20,000 sq. ft. lots (no side yard ever less
than 9-12
rear: 30-35' or 20% of lot
E. Providence, Rhode lsL 30'/2 story maximum 20-25% front: 25-~0 feet
10-18,750 sq. ft. lots includes access, bldga, sides: 20-25'
rear:. 25-30 feet
Aiken, South Carolina 35' 30% front: 25'
10-15,000 sq. ft. lots side: 10'
rear: 20% of depth
Ocala, Florida 35' 35% front: 25'
13,500 sq. foot lots side: 10'
rear: 25'
Woodstock, Il. 30' 20-30% front: 30-40'
8500--20,000 sq. ft lots side: 18-25'
rear: 30-40'
Milalani Town, Hawaii 25-30' 50% front: 10'
(overlay to Honolulu County regs.) side: 5'
rear: 5' BUT structures
exceeding 15 feet, shall set back from buildable area boundary line of sides and rear one foot for
each two feet of additional height over 15 feet; any portion of structure exceeding 20 feet shall be set
back from the front buildable area one foot for every two feet of additional height over 20 feet. This
is used in other All-America cities not listed here.
Sunnyvale, Calif. 30'/2 story limit 40%
6,000 and above INCLUDES PATIOS/SHEDS/DRIVES
sq. foot lots
IMPORTANT PART OF SUNNYVALE, AND MANY CALIFORNIA ZONING
ORDINANCES IS "SHADOW PROVISIONS" WFI~REIN YOU CANNOT PUT
MORE THAN 10% SHADE ON NEIGHBOR'S ROOF DURING SHORTEST DAY
OF YEAR.
*THEEE CTFI~ ALL NAMED ALL-AMERICA CTITES FROM 1955-1997(SEVERAL W~RE MULTIPLE YEAR
WINNER~ ALL BACKUP .MATERIAL AVAIL. IN PLANNINO DEPT.
BEAClt PROPERTY OWNERS'
'ASSOCIATION, INC.
P.O. BOX 375
OCT I6 F::J97 :...D ~"c('~ '~ '_,~_q'7
Dear City Commissioners:
We wish to thank the city for recognizing the Beach Property Owners'
Association's c. oncems and creating the "Task Force". However, we feel it falls
short of what the Beach Property Owners' Association is truly concerned with.
Which is, maintaining the integrity and character of our beach area neighborhood.
Our membership is calling for immediate action regarding the needed changes so
Delray can continue its ambiance of a "Village by the Sea". This ongoing
development of homes is changing our unique neighborhood as we speak.
I come before you this evening to request you consider an overlay district that
would be consistent with our neighborhood's current human scale. Even the tiny
town of Gulfstream has 5 separate overlay districts to accommodate its unique
character - we deserve no less. Further we ask you to address modifications in
setbacks, second floor stepbacks to help eliminate canyopi?ation, a floor area ratio
of 35 % will give us the guidelines to keep our present appearance and anything
above 15' in height on the first floor will count as double square footage on the
second floor. Height limitation and roof limits will keep us all in the sun.
All across our country Americans pay high prices to visit towns with traditional
streets and homes. Florida even has the highly successful town of Seaside just
recently built to continue this "Village" atmosphere - here in Delray we've had
this since our town began.
In closing may I say, the foresight and judgement of the Beach Property Owners'
Association has played a large pan in what is now our "Village by the Sea". To
lose this would be unconscionable. Neighborhoods grow and change but we can
decide the nature of that growth, the quality and character of it.
Executive Director
10/97
urban
TAIVlrNO MONSTER HOlV S
TECI- QUES II,ban
SEPTEMBER 15, 1997 urn.
Land
I.~nds¢~o
· archite¢~ltfl style Ommmunle,}tl,~n Grsphl~-s ·
· roof slope
· solid glass/muntins (window articulation)
'~ Color
· human scale
percent window coverage
- front entry scale
cave lines
· rooffelevadon ratio
two-story windows
,. FAR/sliding scale
Neighborhood Context FAR
- vault~ ~aee limitations
,- second to first floor ratio
,- lot coverage = FAR
lot assemblage restrictions
· setbacks
,. stepbacks
,- setback/height ratio
· landscape screening
,. limit on "discouraged" items proposed
Processing Questions:
· Regulations?
· Guidelines7 ·
,. Design Review?
· RequiredfPreferred/l)iscourag,xl/Prohlbited?
EO00 P~lm BNoh Imkea Boulevard
Suite $00 The
Wm ~lm B~eh, ~orlda
~1.689.0066 561.689.05S~ fax
Iw~ CA 714.48e~131
MEETING OF: September 15, 1997
AGENDA ITEM: V.A. Supplementary Information to I. DR Amendments Relating
to the Large Home Task Team (Continued from the August 18,
1997 Meeting)
'-~ ................................. ~' ............... ~ .......... ~'.~'~;~'""'~"~z~'~'-'~ ............. IrT ...................................................................... ~T'*~I
.......... ~ :¥ -- ~ ....... ~':' JJJ.~ ~!-.I
At the public hearing on August 18, 1997 the Board requested additional information
relating to the LDR changes proposed by the -barge Home Task Team. The following
is a discussion of the current regulations, how other cities have addressed the issue,
and an analysis of proposed height and floor area ratios.
CURRENT REGULATIONS: Pursuant to LDR Section 4.3.4 no maximum lot coverage
or FAR (Floor Area Ratio) currently exists for single family homes. Lot coverage within
the single zoning districts is limited by requirements relating to minimum open space,
building setbacks, and height restrictions. 'A minimum open space requirement of 25%
is required in all residential zones. The required setbacks range from 25-35 feet in the
front, 10-25 feet in the rear, 15-20 feet side street, and 7 1/2 -12 feet on the side
interior. Single family residential districts are limited to 35' in height. This height limit is
measured from grade to the highest finished roof surface of a flat roof, or to the mean
level between the eaves and ridge for gable, hip or gambrel roofs. Through creative
roof designs this definition allows for structures which exceed 35' in total height and
consequently increase the mass and incompatibility of the structures. This is evident in
reviewing the larger homes which have been approved or built in recent years. As
discussed later in this report the City of Boca Raton has addressed, with some success,
the overall issue of "mansionizafion" through adopting a more restrictive definition of
height.
OTHER CITIES: This phenomenon is not unique to Delray Beach and many other
communities are wrestling with this issue. The following is a summary of the
approaches taken by neighboring cities to limit house size.
Boca Raton: In the early 1990s Boca Raton experienced similar development
pressures involving the construction of residential units of a mass inconsistent with
existing neighborhoods. The increased mass generally centered around the stretching
of the 25' height limit. The height limit was measured at the mean level between the
eaves and ddge for gable, hip or gambrel roofs, similar to Delray Beach's current
regulations. Creative roof designs which in some cases stretched the eaves to heady
ground level led to structures which far exceeded 25' in height. To address this
development issue the City of Boca Raton redefined allowable height to be 25' to the
mean level between the eaves and ridge on gable, hip or gambrel roofs with maximum
height to roof peak to be no more than 10' above mean height or 35'. In discussions
with the Boca Planning Department the definition change has had a positive effect in
reducing the mass of subsequent structures.
P&Z Department Memorandum Staff Report * ' '
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 2
In Boca Raton most of the pressures associated with 'mansionization" were
concentrated in one neighborhood known as the Royal Palm Yacht and Country Club
subdivision. This Intmcoastal neighborhood was built in the 1960's with average lot
sizes of 100' x 150'. The neighborhood is almost completely built out and is
experiencing a lot of tear-downs of the smaller single family homes and construction of
larger homes. In response to the development pressure this neighborhood created
within the homeowners documents the Royal Palm Improvement Association Inc.,
which includes an Architectural Committee to 'preserve and enhance the natural beauty
of the properties of the members of the corporation'. This committee reviews all
demolitions, construction, additions, replacement or exterior alterations of any
improvements on individual lots within the subdivision. The Royal Palm Improvement ...
Association has created review criteda and building guidelines which deal with
acceptable setbacks, house size, height, color, etc. House size is limited to 38% of the
lot area for a one story home and 50% for a two story home (with a maximum of 20%
of the lot area occupying the second floor). All homes ara limited to two stories.
Maximum height is 35' measured to the highest part of the roof. The mass of the
homes are further mitigated through the use of a staggered front setback which
requires 50% of the structure to be at 30' with the balance allowed at a 25' setback.
The second story requires a 35' front setback. The side interior setbacks are also
staggered. These setback requirements would appear to produce a 'stepped-back"
massing of the home.
Town of Gulf Stream: This community has created a Gulf Stream Design Manual
which identifies five districts within the city and the development criteria for each.
Generally the standards encourage either Bermuda or Spanish Mediterranean
architectural styles and prohibit certain architectural styles and elements i.e. certain
roof types, window types, shutter types, entrance features, exterior materials, accessory
buildings and colors. The manual also identifies general landscape standards. The
basic tool within this manual to mitigate against 'mansionizafion" is the implementation
of a sliding Floor Area Ratio (FAR). It was determined that while an FAR of .33 may be
appropriate for small lots the same FAR on larger lots could result in unnecessary and
inappropriately large homes.
The sliding regulations stipulate that the first 20,000 sq.ft, of effective lot size can obtain
a FAR of .33 and portions over 20,000 sq.fL are to maintain an FAR of .20. For
situations which involved aggregation of lots a Neighborhood Context FAR (NCFAR)
was created. Lots up to 20,000 sq.ff, continue to have an FAR of .33. Lots which
exceed 20,000 sq.ft, have an NCFAR calculated by the average maximum FAR yield of
the two abutting lots with a 50% increase allowance. If the NCFAR is less than the
standard FAR the NCFAR shall be the maximum allowed.
The sliding FAR restricts new homes or homes with additions to a size that, while
larger, would not overshadow neighborhood residences. This approach required a
dear definition of abutting lots, effective lot areas, and areas to be counted toward
floor area.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 3 -~-
Ocean Ridge: This City controls development through a combination of building height
restrictions, FAR maximums and setback requirements. A maximum height in the RSE
(Single Family Estate District) and RSF (Single Family District) is 35' measured to the
highest point of the structure (exceeding chimneys). Roof line encroachment cannot
occur in an area encompassing an extension of a hypotenuse of a right triangle having
a base line of 15' single story and 18' for a two story and a vertical leg of 15' single
story and 18' two story. The maximum lot coverages range from 32% in the RSE
districts to 36% in the RSF district. The maximum FARs for each district have been set
at 36%. Within this FAR calculation the garages are counted as 100% floor area. The
setbacks in both districts are 25' in the front, 15' side interior and rear setbacks, and "
20' side street setbacks.
Recently, similar development pressures with respect to the construction of larger
incompatible homes have surfaced in Ocean Ridge and the city has adopted additional
measures to combat this trend. These measures include a further restriction that
second stories are limited to a maximum of 75% of the first story, flat roofs are allowed
on no more than 10% of the structure, and any area under ceiling which exceeds a
height over 15' is counted as double floor area (excluding the first 200 square feet).
Town of Palm Beach: The town has height restrictions which range from 22' to 30'
(finished floor to tie beam). Further, the regulations apply a maximum overall height of
35' for flat roofs and 40' for all others. The town has implemented a varying front
setback from 35', or 2' for every 1' of building frontage which is visible for larger lots
(20,000-60,000 sq. fL), and 25' (one story), and 30' (two story) for the smaller lots
(under 20,000 sq.fL). Currant regulations which appear to minimize the overall mass
include minimum open space requirements ranging from 40%-50%, maximum lot
coverage of between 25%-35%, angle of vision requirements, cubic content ratios, and
maximum floor area ratio of 45% for the smaller lots (under 20,000 sq.ff.).
Town Of Manalapan: The town has a 35% lot coverage maximum, and 35 foot (R-lA,
R-lB, R-lC) and 30 foot (R-1D, R-1E, R-1F) height limits which are measured to the
mean roof level. An additional 10' of height is allowed to the highest point of the roof in
each district. The residential structures are allowed to have a maximum of 2 1/2 stories
in the R-lA, R-lB and RI-C districts and 2 stories in the R-1D, R-1E, and R-1F
districts. The minimum lot size for single family development is 10,000 sq.ff. Single
family development requires submittal of a mass model which shows in two or three
dimensions the topography, mass, bulk and size of all improvements above ground. In
addition the mass model must show the architectural concept including roof pitch, roof
overhang, location and size of exterior windows, doors, columns, and the like.
The residential districts require front yard setbacks of between 25' to 100'. The'
aggregate of the side yard setbacks shall have a width of not less than 20% of the
average width of the lot but not less than 10' each side. Rear setbacks are a minimum
of 55'.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 4
Task Team Deliberations:
The Task Team discussions centered around what regulations should be considered
i.e. whether the proposed changes should relate to technical requirements or whether
the regulations should include issues such as overall style and aesthetic review by the
Site Plan Review and Appearance Board. It was the unanimous consensus of the Task
Team that additional regulations involving style issues i.e. aesthetics, colors,
architectural features or landscaping should not be considered. The changes should
therefore be limited to technical requirements only.. ~ ' ·
Over the course of two and one half months the following categories were discussed at
length by the Task Team;
· Establishment of FAR (Floor Ama Ratios);
· Establishment of lot coverage ratios;
· Maximum roof heights including a change to the definition of height;
· Increased setbacks for second floors;
· Landscaping and how material mitigates perception of mass;
· Architectural features which have an impact on perception of size; and,
· Creation of an overlay district which would exempt the residential areas east
of A-1-A.
The Task Team concluded their deliberations at their April 9, 1997 meeting. A motion
was made and passed by an 8-2 vote, recommending the following: that a .40 FAR be
adopted for all single family districts; that the height be measured to 35' to the highest
point of the roof versus the mean (except for chimneys and cupolas); that an oveday
district be created which would exempt the area on the east side of A-1-A from 777 N
Ocean Avenue to 1171 S. Ocean Avenue; and that no changes be made to setbacks.
Height: In reviewing the five communities which are experiencing similar development
pressures all communities have a maximum height limit which includes a limit for the
highest point of the roof. The City of Delray Beach has a 35' height to the mean level
of the roof however, has no upper limit for the highest part of the roof. In comparing
the recommendations of the task team to other city's codes the following is noted:'
· P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 5
Boca Raton 25' 35'
Gulf Stream 35' 35'
Ocean Ridge 35' 35'
Manalapan 30' & 35' 40' & 45'
Palm Beach 40' 40'
Delray Beach 35' NA
The proposed maximum height of 35' to the highest point on the roof (except for
chimneys and cupolas) is consistent with three of the five communities which were
analyzed. It is noted with the maximum height of 35' the three communities have not
experienced a noticeable increase in flat roofs. Concerns over a proliferation of flat
roofed structures has been further addressed by the Town of Ocean Ridge through a
restriction that flat roofs are allowed on no more than 10% of the structure.
Floor Area Ratios Floor Ama Ratio (FAR) is the relationship between the building's
total floor area and the area of the lot it sits on. If a building is 3,500 sq.ft, and it sits on
a lot of 10,000 sq.ft, its FAR is .35. This direct relationship results in the ability to build
bigger homes on bigger lots. Three of the five surrounding communities considered in
this analysis have a FAR for their residential districts. Delray Beach, Boca Raton and
Manalapan have no FAR requirement.
Boca Raton None
Gulf Stream .33 & .20
Ocean RidGe .36
Manalapan None
Palm Beach .45
Delray Beach None
The Task Team's proposal to implement a .40 FAR would allow the following maximum
house sizes with the single family zone districts:
R-lA 7,500 1,000 3,000
R-lAB 7,500 1,500 3,000
R-1AA 9,000 1,500 3,800
R-1AAB 9,000 1,500 3,600
R-1AAA 12,500 2,200 5,000
R-1AAAB 12,500 1,500 5,000
'These maximum house totals indicated here allow slightly larger homes as the
maximum floor ama does not include terraces, and counts only 50% of attached
garages, carports, and screened porches.
P&Z Department Memorandum Staff Report
Supplementary Information to I. DR Amendments Relating to the Large Home Task Team
Page 6
An analysis was conducted of recent housing developments in the City. While several
of these were developed under the PRD standards and would not be subject to these
maximum FARs, they prbvide a good comparison. Further, development under the
PRD regulations allow flexibility with respect to lot sizes which usually results in smaller
lots, larger homes, and reduced setbacks (i.e. worse scenarios). The PRD regulations
while allowing intense individual lot development mitigates the impacts by requiring
common open space throughout the subdivision. In summary we find that with the
exception of two developments (Delray Lakes & Clearbrooke) ali subdivisions have
housing products which are under the proposed .40 FAR. With Delray Lakes only the
three largest of the eleven home models offered exceed the FAR when placed on the
smallest lots (50' x 123'). In Clearbrooke only the largest unit when placed on the
smallest lot (50' xl00') exceed~..s the FAR. The following is a summary of that analysis:
· .~.~:.
Brookmere I 3 Or 4 1.457 2.046 ,
Westmere I 3 1,607 2,281 674 J 337 1,944 .24 .31
Parkmere I 3 or 4 1,653 2,216 563 I 281 1,934 .24 .31
Rosemere 4 1,778 2,324 546 273 2,051 .26 .33
Stonemere 4 1,937 2,369 432 216 2,153 .27 .35
Granmere 4 1,959 2,609 650 325 2,284 .29 .37
Sunmere 3 or 4 2,014 2,473 459 229 2,243 .28 .36
Foxmere 5 2,196 2,786 590 295 2,491 .31 .40
Baymere 3 or 4 2,388 3,060 672 336 2,724 ! .34 .44*
Vinemere 4 2,490 3,075 585 292 2,782 .35 .45*
S pringmere 3 2,416 3,111 695 347 .35 .45'
Glenwood 3 1,547 2,183 636 318 .37
Oakmont 4 1,995 2,681 686 343 .36
- - 2,412 2,412 - - .32
A - 1,466 1,893 427 213 .33
B - 1,450 1,883 433 216 .33
C - - 1 - - .37
D - 1,726 2,333 607 303 .40
E - 2,100 2,548 448 224 .46'.
- - 1,876 1,876 - - .29
- - 2,130 2,130 - - .34"
*Based on ~esthome modelonsmalle~lots~e.
.P&Z Department Memorandum Staff Report
.Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 7
It appears in most cases that development on the smallest of lots (those allowed only
under the flexibility of PRD regulations) still would meet a FAR of .40 should it be
applicable. Large lots in the R-1AAA districts in subdivisions like Andover, Verona
Woods, and Oakmont which appear to be developed with very large homes also are
under the .40 FAR. These subdivisions contain predominantly 4,000 sq.ff, houses
(under the 5,000 allowed in a 12,500 minimum lot) and were considered when
establishing the 5,000 sq.ft. 'mansion' criteria.
Given the above, the .40 FAR appears reasonable for both large and small lots.
Further, it is considerably more iiber,=i tJlan FAR's imposed by neighboring
communities. These surrounding communities also augment the FARs with
requirements including varying setbacks, minimum lot coverage, angle of vision, and
cubic content ratios. The neighboring community of Manalapan which does not have
FARs has implemented other mechanisms to control the overall mass of single family
homes, such as minimum lot coverage and submittal of mass models of ail
improvements above ground.
To avoid any confusion with respect to the new definition of floor area ratio (FAR) it is
recommended the definition section also be amended to include a definition of gross
floor area. These new definitions, including two alternatives for floor area ratio, are
attached as Appendix A.
MEETING OF: September 15, 1997
AGENDA ITEM: V.A. Supplementary Information to LDR Amendments Relating
to the Large Home Task Team (Continued from the August 18,
1997 Meeting)
At the public hearing on August 18, 1997 the Board requested additional information
relating to the LDR changes proposed by the Large Home Task Team. The following
is a discussion of the current regulations, how other cities have addressed the issue,
and an analysis of proposed height and floor area ratios.
CURRENT REGULATIONS: Pursuant to LDR Section 4.3.4 no maximum lot coverage
or FAR (Floor Area Ratio) currently exists for single family homes. Lot coverage within
the single zoning districts is limited by requirements relating to minimum open space,
building setbacks, and height restrictions. A minimum open space requirement of 25%
is required in all residential zones. The required setbacks range from 25-35 feet in the
front, 10-25 feet in the rear, 15-20 feet side street, and 7 1/2 -12 feet on the side
interior. Single family residential districts are limited to 35' in height. This height limit is
measured from grade to the highest finished roof surface of a fiat roof, or to the mean
level between the eaves and ridge for gable, hip or gambrel roofs. Through creative
roof designs this definition allows for structures which exceed 35' in total height and
consequently increase the mass and incompatibility of the structures. This is evident in
reviewing the larger homes which have been approved or built in recent years. As
discussed later in this report the City of Boca Raton has addressed, with some success,
the overall issue of "mansionization" through adopting a more restrictive definition of
height.
OTHER CITIES: This phenomenon is not unique to Delray Beach and many other
communities are wrestling with this issue. The following is a summary of the
approaches taken by neighboring cities to limit house size.
Boca Raton: In the early 1990s Boca Raton experienced similar development
pressures involving the construction of residential units of a mass inconsistent with
existing neighborhoods. The increased mass generally centered around the stretching
of the 25' height limit. The height limit was measured at the mean level between the
eaves and ridge for gable, hip or gambrel roofs, similar to Delray Beach's current
regulations. Creative roof designs which in some cases stretched the eaves to nearly
ground level led to structures which far exceeded 25' in height. To address this
development issue the City of Boca Raton redefined allowable height to be 25' to the
mean level between the eaves and ridge on gable, hip or gambrel roofs with maximum
height to roof peak to be no more than 10' above mean height or 35'. In discussions
with the Boca Planning Department the definition change has had a positive effect in
reducing the mass of subsequent structures.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 2
In Boca Raton most of the pressures associated with "mansionization" were
concentrated in one neighborhood known as the Royal Palm Yacht and Country Club
subdivision. This Intracoastal neighborhood was built in the 1960's with average lot
sizes of 100' x 150'. The neighborhood is almost completely built out and is
experiencing a lot of tear-downs of the smaller single family homes and construction of
larger homes. In response to the development pressure this neighborhood created
within the homeowners documents the Royal Palm Improvement Association Inc.,
which includes an Architectural Committee to "preserve and enhance the natural beauty
of the properties of the members of the corporation". This committee reviews all
demolitions, construction, additions, replacement or exterior alterations of any
improvements on individual lots within the subdivision. The Royal Palm Improvement
Association has created review criteda and building guidelines which deal with
acceptable setbacks, house size, height, color, etc. House size is limited to 38% of the
lot area for a one story home and 50% for a two story home (with a maximum of 20%
of the lot area occupying the second floor). All homes are limited to two stories.
Maximum height is 35' measured to the highest part of the roof. The mass of the
homes are further mitigated through the use of a staggered front setback which
requires 50% of the structure to be at 30' with the balance allowed at a 25' setback.
The second story requires a 35' front setback. The side interior setbacks are also
staggered. These setback requirements would appear to produce a "stepped-back"
massing of the home.
Town of Gulf Stream: This community has created a Gulf Stream Design Manual
which identifies five districts within the city and the development cdteda for each.
Generally the standards encourage either Bermuda or Spanish Mediterranean
architectural styles and prohibit certain architectural styles and elements i.e. certain
roof types, window types, shutter types, entrance features, extedor materials, accessory
buildings and colors. The manual also identifies general landscape standards. The
basic tool within this manual to mitigate against "mansionization" is the implementation
of a sliding Floor Area Ratio (FAR). It was determined that while an FAR of .33 may be
appropriate for small lots the same FAR on larger lots could result in unnecessary and
inappropriately large homes.
The sliding regulations stipulate that the first 20,000 sq.ft, of effective lot size can obtain
a FAR of .33 and portions over 20,000 sq.ft, are to maintain an FAR of .20. For
situations which involved aggregation of lots a Neighborhood Context FAR (NCFAR)
was created. Lots up to 20,000 sq.ft, continue to have an FAR of .33. Lots which
exceed.20,000 sq.ft, have an NCFAR calculated by the average maximum FAR yield of
the two abutting lots with a 50% increase allowance. If the NCFAR is less than the
standard FAR the NCFAR shall be the maximum allowed.
The sliding FAR restricts new homes or homes with additions to a size that, while
larger, would not overshadow neighborhood residences. This approach required a
clear definition of abutting lots, effective lot areas, and areas to be counted toward
floor area.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 3
Ocean Ridge: This City controls development through a combination of building height
restrictions, FAR maximums and setback requirements. A maximum height in the RSE
(Single Family Estate District) and RSF (Single Family District) is 35' measured to the
highest point of the structure (exceeding chimneys). Roof line encroachment cannot
occur in an area encompassing an extension of a hypotenuse of a right triangle having
a base line of 15' single story and 18' for a two story and a vertical leg of 15' single
story and 18' two story. The maximum lot coverages range from 32% in the RSE
districts to 36% in the RSF district. The maximum FARs for each district have been set
at 36%. Within this FAR calculation the garages are counted as 100% floor area. The
setbacks in both districts are 25' in the front, 15' side interior and rear setbacks, and
20' side street setbacks.
Recently, similar development pressures with respect to the construction of larger
incompatible homes have surfaced in Ocean Ridge and the city has adopted additional
measures to combat this trend. These measures include a further restriction that
second stories are limited to a maximum of 75% of the first story, flat roofs are allowed
on no more than 10% of the structure, and any area under ceiling which exceeds a
height over 15' is counted as double floor area (excluding the first 200 square feet).
Town of Palm Beach: The town has height restrictions which range from 22' to 30'
(finished floor to tie beam). Further, the regulations apply a maximum overall height of
35' for fiat roofs and 40' for all others. The town has implemented a varying front
setback from 35', or 2' for every 1' of building frontage which is visible for larger lots
(20,000-60,000 sq. ft.), and 25' (one story), and 30' (two story) for the smaller lots
(under 20,000 sq.ft.). Current regulations which appear to minimize the overall mass
include minimum open space requirements ranging from 40%-50%, maximum lot
coverage of between 25%-35%, angle of vision requirements, cubic content ratios, and
maximum floor area ratio of 45% for the smaller lots (under 20,000 sq.ft.).
Town Of Manalapan: The town has a 35% lot coverage maximum, and 35 foot (R-lA,
R-lB, R-lC) and 30 foot (R-1D, R-1E, R-1F) height limits which are measured to the
mean roof level. An additional 10' of height is allowed to the highest point of the roof in
each district. The residential structures are allowed to have a maximum of 2 1/2 stories
in the R-lA, R-lB and RI-C districts and 2 stories in the R-1D, R-1E, and R-1F
districts. The minimum lot size for single family development is 10,000 sq.ft. Single
family development requires submittal of a mass model which shows in two or three
dimensions the topography, mass, bulk and size of all improvements above ground. In
addition the mass model must show the architectural concept including roof pitch, roof
overhang, location and size of exterior windows, doors, columns, and the like.
The residential districts require front yard setbacks of between 25' to 100'. The
aggregate of the side yard setbacks shall have a width of not less than 20% of the
average width of the lot but not less than 10' each side. Rear setbacks are a minimum
of 55'.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 4
Task Team Deliberations:
The Task Team discussions centered around what regulations should be considered
i.e. whether the proposed changes should relate to technical requirements or whether
the regulations should include issues such as overall style and aesthetic review by the
Site Plan Review and Appearance Board. It was the unanimous consensus of the Task
Team that additional regulations involving style issues i.e. aesthetics, colors,
architectural features or landscaping should not be considered. The changes should
therefore be limited to technical requirements only.
Over the course of two and one half months the following categories were discussed at
length by the Task Team;
· Establishment of FAR (Floor Area Ratios);
· Establishment of lot coverage ratios;
· Maximum roof heights including a change to the definition of height;
· Increased setbacks for second floors;
· Landscaping and how material mitigates perception of mass;
· Architectural features which have an impact on perception of size; and,
· Creation of an oveday district which would exempt the residential areas east
of A-1-A.
The Task Team concluded their deliberations at their April 9, 1997 meeting. A motion
was made and passed by an 8-2 vote, recommending the following: that a .40 FAR be
adopted for all single family districts; that the height be measured to 35' to the highest
point of the roof versus the mean (except for chimneys and cupolas); that an oveday
district be created which would exempt the area on the east side of A-1-A from 777 N
Ocean Avenue to 1171 S. Ocean Avenue; and that no changes be made to setbacks.
Height: In reviewing the five communities which are experiencing similar development
pressures all communities have a maximum height limit which includes a limit for the
highest point of the roof. The City of Delray Beach has a 35' height to the mean level
of the roof however, has no upper limit for the highest part of the roof. In comparing
the recommendations of the task team to other city's codes the following is noted:
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 5
Boca Raton 25' 35'
Gulf Stream 35' 35'
Ocean Ridge 35' 35'
Manalapan 30' & 35' 40' & 45'
Palm Beach 40' 40'
Delray Beach 35' NA
The proposed maximum height of 35' to the highest point on the roof (except for
chimneys and cupolas) is consistent with three of the five communities which were
analyzed. It is noted with the maximum height of 35' the three communities have not
experienced a noticeable increase in fiat roofs. Concerns over a proliferation of fiat
roofed structures has been further addressed by the Town of Ocean Ridge through a
restriction that flat roofs are allowed on no more than 10% of the structure.
Floor Area Ratios Floor Area Ratio (FAR) is the relationship between the building's
total floor area and the area of the lot it sits on. If a building is 3,500 sq.ft, and it sits on
a lot of 10,000 sq.ft, its FAR is .35. This direct relationship results in the ability to build
bigger homes on bigger lots. Three of the five surrounding communities considered in
this analysis have a FAR for their residential districts. Delray Beach, Boca Raton and
Manalapan have no FAR requirement.
Boca Raton None
Gulf Stream .33 & .20
Ocean Ridge .36
Manalapan None
Palm Beach .45
Delray Beach None
The Task Team's proposal to implement a .40 FAR would allow the following maximum
house sizes with the single family zone districts:
:..,:.:.>:.:.:.::3.:~> . '- : ..... :.~:>:.:..'-:.>:.
R-lA 7,500 1,000 3,000
R-lAB 7,500 1,500 3,000
R-1AA 9,000 1,500 3,800
R-I AAB 9,000 1,500 3,600
R-1AAA 12,500 2,200 5,000
R-~ AAAB 12,500 1,500 5,000
*These maximum house totals indicated here allow slightly larger homes as the
maximum floor area does not include terraces, and counts only 50% of attached
garages, carports, and screened porches.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 6
An analysis was conducted of recent housing developments in the City. While several
of these were developed under the PRD standards and would not be subject to these
maximum FARs, they provide a good comparison. Further, development under the
PRD regulations allow flexibility with respect to lot sizes which usually results in smaller
lots, larger homes, and reduced setbacks (i.e. worse scenarios). The PRD regulations
while allowing intense individual lot development mitigates the impacts by requiring
common open space throughout the subdivision. In summary we find that with the
exception of two developments (Delray Lakes & Clearbrooke) all subdivisions have
housing products which are under the proposed .40 FAR. With Delray Lakes only the
three largest of the eleven home models offered exceed the FAR when placed on the
smallest lots (50' x 123'). In Clearbrooke only the largest unit when placed on the
smallest lot (50' xl00') exceeds the FAR. The following is a summary of that analysis:
ii'" ":' ;'"'ii" -?":;' :";i i'ii i:":i'""~"' ?'"'iii! ! iH!'!~ :':':::": ~ ....... :':':::':'::~ !!!!" '"': ! !~! !" ' "!!~:" '~!" '.':'' ":~ii!::'::~::':':~! :"'":i~ii:
..~E.~.~ES ......... ~..St~,....S ....... 6.,~..50 ..... ~.,...~ ....... ~,859...s ,~ ............................................................................................................................... ~ ................... S .......
i:i: ............ :.:.:...:i:L......:L.....;:L..:;:;:L.i:;:L......:..... ::.. ::L.. ::::::::::::::::::. ::::..... :::':'. :... :'. :'...::::::::':'. ::. :':'...'t::'..../.:f:!..:!..::.........::.:~ ;:.;:.......::.::.:!!::.:!..::.:!
Brookmere 3 or 4 1,457 2,046 589 294 1,751 .22 .28
Westmere 3 1,607 2,281 674 337 1,944 .24 .31
Parkmere 3 or 4 1,653 2,216 563 281 1,934 .24 .31
Rosemere 4 1,778 2,324 546 273 2,051 .26 .33
Stonemere 4 1,937 2,369 432 216 2,153 .27 .35
Granmere 4 1,959 2,609 650 325 2,284 .29 .37
Sunmere 3 or 4 2,014 2,473 459 229 2,243 .28 .36
Foxmere 5 2,196 2,786 590 295 2,491 .31 .40
Baymere 3 or 4 2,388 3,060 672 336 2,724 .34 .44*
Vinemere 4 2,490 3,075 585 292 2,782 .35 .45*
Springmere 3 2,416 3,111 695 347 2,763 .35 .45*
~enwoodI 3 1,547 2,183I 636 318 11,865 .37
OakmontI....... 4 . 1,9~ ......... 2,681I686 343 I 2,338 .36
-- I -- I2,412 I 2,412 '- I -- 12,412l .32
.................. ~ ................................... :: ..................... ;1"i~66 ............ ~i"1893 .........................
B -- 1,450 1,883 433 216 1,666 .33
C .... 1,859 .... 1,859 .37
D -- 1,726 2,333 607 303 2,029 .40
E -- 2,100 2,548 448 224 2,324 .46'.
............... .............. i .......... .............. i ................ ......... I
-- I -- I 2,130 2,130 I .... 2,1301 .34
· Based on largest home model on smallest lot size.
P&Z Department Memorandum Staff Report
Supplementary Information to LDR Amendments Relating to the Large Home Task Team
Page 7
It appears in most cases that development on the smallest of lots (those allowed only
under the flexibility of PRD regulations) still would meet a FAR of .40 should it be
applicable. Large lots in the R-1AAA districts in subdivisions like Andover, Verona
Woods, and Oakmont which appear to be developed with very large homes also are
under the .40 FAR. These subdivisions contain predominantly 4,000 sq.ft, houses
(under the 5,000 allowed in a 12,500 minimum lot) and were considered when
establishing the 5,000 sq.ft. "mansion" criteria.
Given the above, the .40 FAR appears reasonable for both large and small lots.
Further, it is considerably more liberal than FAR's imposed by neighboring
communities. These surrounding communities also augment the FARs with
requirements including varying setbacks, minimum lot coverage, angle of vision, and
cubic content ratios. The neighboring community of Manalapan which does not have
F^Rs has implemented other mechanisms to control the overall mass of single family
homes, such as minimum lot coverage and submittal of mass models of all
improvements above ground.
To avoid any confusion with respect to the new definition of floor area ratio (FAR) it is
recommended the definition section also be amended to include a definition of gross
floor area. These new definitions, including two alternatives for floor area ratio, are
attached as Appendix A.
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(J) Height:
(1) Defined: For all single family detached homes west of A1A height
shall be defined as the vertical distance from grade to the highest finished roof surface
of e fiat roof or the highest point of the roof of a gable, hip. or gambrel roof. For all other
structures, height is defined as the vertical distance from grade to the highest finished
roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip,
or gambrel roofs. Chimneys. cupolas or other appurtenances on buildings are limited
to a maximum of 5' above the highest part of the proposed structure or the minimum
reguired by the Standard Building Code. which ever is greater. The height set forth in
the matrix is the maximum height for all structures within the respective zone district
except as provided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-91 6/11/91]
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM - REGULAR MEETING OF NOVEMBER 4, 1997
ORDINANCE NO. 49-97 (ONE HOUR PARKING LIMIT ON ATLANTIC
AVENUE FROM INTRACOASTAL WATERWAY TO A1A)
DATE: OCTOBER 31, 1997
Since the workshop meeting on Tuesday night, Mr. Perry
DonFrancisco has informed us of his concern that Atlantic Avenue
east of the Intracoastal Waterway is not the right place to test a
one hour parking zone if the purpose is to encourage people to use
municipal parking lots. Since there are no municipal lots on the
east side other than the beach lots, he feels the people who are
in the area for commercial reasons will be negatively affected by
having nowhere to park.
I recomment consideration of Ordinance No. 49-97 on first reading.
ref:agmemol0
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # - REGULAR MEETING OF NOVEMBER 4, 1997
ORDINANCE NO. 49-97 (ONE HOUR PARKING LIMIT ON ATLANTIC
AVENUE FROM INTRACOASTAL WATERWAY TO A1A)
DATE: OCTOBER 31, 1997
ACTION:
City Commission is requested to approve on first reading Ordinance
No. 49-97 which amends Chapter 73, "Parking Schedules" of the City
Code to change the parking time limit on Atlantic Avenue from the
Intracoastal Waterway east to State Road A1A from two hours to one
hour.
BACKGROUND:
City Commission discussed this change with the Parking Management
Team at the October 28th workshop. The change is required to be
done by ordinance.
RECOMMENDATION:
Recommend approval of Ordinance No. 49-97 on first reading. If
passed, a public hearing will be scheduled for November 18, 1997.
ref:agmemol2
ORDINANCE NO. 49-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELP~AY BEACH, FLORIDA, AMENDING CHAPTER 73,
"PARKING SCHEDULES", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I.
TO PROVIDE FOR ONE-HOUR, TWO-HOUR AND EIGHT-HOUR
PARKING ZONES WITHIN THE CORPORATE LIMITS OF THE
CITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Parking Management Team has requested a change
in the time limit for parking on Atlantic Avenue from the
Intracoastal Waterway east to State Road A1A; and
WHEREAS, the City Commission finds this change to be in the
best interests of the citizens 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 VII, "Traffic Code", Chapter 73,
"Parking Schedules", Schedule I., "Two-Hour/Four-Hour Parking Zones",
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
CHAPTER 73: PAR/{ING SCHEDULES
Schedule
I. ~t~/f~~ ~arking zones
II. Parking meter zones
SCHEDULE I. ~W~t~/~~ PARKING ZONES.
(A) The following named and described areas, streets, or
portions of streets and such other areas as may hereafter be included
in this section by amendment hereto, lying within the corporate
limits of the City, shall constitute parking zones.
(1) The Chief of Police, either in ~erson or by his
desiqnee, shall ~ ~ ~'~"~ ................. ~ enforce a
one-hour parkinq restriction in the followinq described parkinq area:
On From To
Atlantic Avenue Intracoastal Waterway State Road A1A
(%~) The Chief of Police, either in person ~
designee, shall ~[~R ~ f~d~~i ~}Lf~ ~g~ ~ enforce a
two-hour parking restriction in the following described parking
areas:
Passage
On From To Ord.# Date
Atlantic Avenue Swinton Avenue ~//~//~/~ 14-81 4/14/81
Intracoastal Waterway
East side of
N.E. 1st Avenue Atlantic Avenue N.E. 1st Street 14-81 4/14/81
Gleason Street Atlantic Avenue Miramar Drive
N.E. 1st Street S.E. 6th Avenue N.E. 1st Avenue 93-86 12/16/86
N.E. 2nd Avenue Atlantic Avenue N.E. 4th Street 14-81 4/14/81
N.E. 4th Avenue Atlantic Avenue N.E. 1st Street 14-81 4/14/81
S.E. 1st Avenue Atlantic Avenue First alley to
the south 14-81 4/14/81
S.E. 1st Street S.E. 6th Avenue S.E. 3rd Avenue 93-86 12/16/86
S.E. 2nd Avenue Atlantic Avenue First alley to
the south 14-81 4/14/81
S.E. 3rd Avenue Atlantic Avenue S.E. 1st Street 14-81 4/14/81
S.E. 4th Avenue Atlantic Avenue S.E. 1st Street 14-81 4/14/81
S.E. 5th Avenue Atlantic Avenue First alley to
the south 14-81 4/14/81
Venetian Drive Atlantic Avenue Miramar Drive 14-81 4/14/81
(~)~ two-hour parking restriction shall apply in the
following described City-owned parking lots:
Lot 8 and the south six inches (6") of Lot 9, and Lots 24
and 25, Block 92, Plat of the Town of Delray, Plat Book 1,
Page 3, according to the Public Records of Palm Beach
County, Florida.
- 2 - Ord. No. 49-97
Lots 14, 15 and 16, Block 101, Plat of the Town of Delray,
Plat Book 1, Page 3, according to the Public Records of
Palm Beach County, Florida.
Lot 16 and the north 26.33 feet of Lot 17, and Lots 8 and 9
(less the south 42.5 feet), Block 109, Plat of the Town of
Delray, Plat Book 1, Page 3, according to the Public
Records of Palm Beach County, Florida.
The south 60 feet of Lots 4 through 6, inclusive, the north
16 feet of Lots 7 and 13, and including the east/west 16
foot alley, Block 77, Town of Delray.
Parking spaces on the east side of the Florida East Coast
(F.E.C.) Railway, lying west of Lot 8, Block 92, Town of
Delray.
(~)__~ eight-hour parking restriction shall apply in the
following described City-owned parking lots:
Lots 10-16, inclusive, and Lot 19, Block 92, Plat of the
Town of Delray, Plat Book 1, Page 3, according to the
Public Records of Palm Beach County, Florida.
The south 7 feet of Lot 6 and Lots 7-11, inclusive, Block
117, Plat of the Town of Delray, Plat Book 1, Page 3,
according to the Public Records of Palm Beach County,
Florida.
Lots 7 and 13, less the north 16 feet thereof, Block 77,
Town of Delray.
Parking spaces east of the Florida East Coast (F.E.C.)
Railway, lying west of Lots 9 through 14, inclusive, Block
92.
(B) Time limit. Parkinq or standinq a vehicle in a
desiqnated space in the parkinq area or zone described in subsection
(A) (1) of this schedule shall be lawful for one hour. Parking or
standing a vehicle in a designated space in the parking areas or
zones described in subsections (A) (~) and (2~) of this schedule
shall be lawful for two hours. Parking or standing a vehicle in
designated parking areas or zones described in subsection (A) (~) of
this schedule shall be lawful for eight hours. The one-hour,
two-hour or eight-hour parking, whichever is applicable, shall be in
effect every day between the hours of 8:00 a.m. and 6:00 p.m., except
Sundays and holidays; provided, that within the meaning of this
- 3 - Ord. No. 49-97
section, the term holiday shall include New Year's Day, Easter,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas
Day, and the days upon which the Delray Affair is held.
(C) Violations. It shall be unlawful and a violation of
the provisions of this schedule for any person:
(1) When signs are erected giving notice thereof, to
stop, park or stand a vehicle for longer than the time designated by
the signs at any time between those hours so stated by the signs on
any day, except Sundays and public holidays, within the City.
(2) To cause, allow, permit, or suffer any vehicle
registered in the name of that person to be parked across any line or
marking of a parking space or in a position that the vehicle shall
not be entirely within the space designated by such lines or
markings.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon 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
- 4 - Ord. No. 49-97
Chapter 73
Schedule I.
CHAPTER 73: PARKING SCHEDULES
Schedule
I. Two-hour/four-hour parking zones
II. Parking meter zones
SCHEDULE I. TWO-HOUR/FOUR-HOUR PARKING ZONES.
(A) The following named and described areas, streets, or
portions of streets and such other areas as may hereafter be
included in this section by amendment hereto, lying within the
corporate limits of the City, shall constitute parking zones.
(1) The Chief of Police, either in person or by his
designee, shall mark off individual parking spaces and enforce a
two-hour parking restrictio~n the following described parking
areas:
Passage
O~ From T__o Ord.~ Date
Atlantic Avenue Swinton Avenue St. R~_ ~-!--~% '14-81 4/14/81
East side of
N.E. let Avenue Atlantic Avenue N.E. let Street 14-81 4/14/81
Gleason Street Atlantic Avenue Miramar Drive
N.E. let Street S.E. 6th Avenue N.E. let Avenue 93-86 12/16/86
N.E. 2nd Avenue Atlantic Avenue N.E. 4th Street 14-81 4/14/81
N.E. 4th Avenue Atlantic Avenue N.E. let Street 14-81 4/14/81
S.E. let Avenue Atlantic Avenue First alley to
the south 14-81 4/14/81
S.E. let Street S.E. 6th Avenue S.E. 3rd Avenue 93-86 12/16/86
S.E. 2nd Avenue Atlantic Avenue First alley to
the south 14-81 4/14/81
S.E. 3rd Avenue Atlantic Avenue S.E. let Street 14-81 4/14/81
S.E. 4th Avenue Atlantic Avenue S.E. let Street 14-81 4/14/81
S.E. 5th Avenue Atlantic Avenue First alley to
the south 14-81 4/14/81
Venetian Drive Atlantic Avenue Miramar Drive 14-81 4/14/81
VII.38
Chapter 73
Schedule I.
CHAPTER 73: PARKING
Schedule
I. TQ~u~~-~u~ ~-~ing zones
II. Parking meter zones
scu znm. zones.
(A) The following named and described areas, streets, or
portions of streets and such other areas as may hereafter be
included in this section by amendment hereto, lying within the
corporate limits of the City, shall constitute parking zones.
~ ~(~) The Chief of Police, either in person or by his
designee, shall mark off individual parking spaces and enforce a
two-hour parking restriction in the following described parking
areas:
Passage /
O__n From To ~rd.# Dat___~e /
Atlantic Avenue Swinton Avenue St. Rd. A-1-A ~4-81 4/14/8~
East side of
N.E. let Avenue Atlantic Avenue N.E. let Street 1~81 4/1~~t~1
Gleason Street Atlantic Avenue Miramar Drive
N.E. let Street S.E. 6th Avenue N.E. let Avenue 93~86 12/~6/86
N.E. 2nd Avenue Atlantic Avenue N.E. 4th Street 14-~1 ~4/81
N.E. 4th Avenue Atlantic Avenue N.E. let Street14-~14- ~14/81
S.E. let Avenue Atlantic Avenue First alley to
the south14-81~ :/14/81
S.E. let Street S.E. 6th Avenue S.E. 3rd Avenue 93-86 [2/16/86
S.E. 2nd Avenue Atlantic Avenue First alley to /
the south 14-8y t~4/81
S.E. 3rd Avenue Atlantic Avenue S.E. let Street 14-~1 ~/1~4/81
/
S.E. 4th Avenue Atlantic Avenue S.E. let Street 14/81 4/1~/81
/
S.E. 5th Avenue Atlantic Avenue First alley to
the south y4-81 4/14{81
Venetian Drive Atlantic Avenue Miramar Drive /14-81 4/14/81
VII. 38
Schedule I.(A) (2)
(~) The two-hour parking restriction shall apply in
the following described City-owned parking lots:
Lot 8 and the south six inches (6") of Lot 9, and
Lots 24 and 25, Block 92, Plat of the Town of
Delray, Plat Book 1, Page 3, according to the
Public Records of Palm Beach County, Florida.
Lots 14, 15 and 16, Block 101, Plat of the Town of
Delray, Plat Book 1, Page 3, according to the
Public Records of Palm Beach County, Florida.
Lot 16 and the north 26.33 feet of Lot 17, and
Lots 8 and 9 (less the south 42.5 feet), Block
109, Plat of the Town of Delray, Plat Book 1, Page
3, according to the Public Records of Palm Beach
County, Florida.
The south 60 feet of Lots 4 through 6, inclusive,
the north 16 feet of Lots 7 and 13, and including
the east/west 16 foot alley, Block 77, Town of
Delray.
Parking spaces on the east side of the Florida
East Coast (F.E.C.) Railway, lying west of Lot 8,
Block 92, Town of Delray.
(Am. Ord. No. 4-97, passed 1/21/97; Am. Ord. No. 27-97, passed
7/1/97) ~
(~) The eight-hour parkin9 restriction shall apply in
the followin9 described City-owned parkin9 lots:
Lots 10-16, inclusive, and Lot 19, Block 92, Plat
of the Town of Delray, Plat Book 1, Page 3,
according to the Public Records of Palm Beach
County, Florida.
The south 7 feet of Lot 6 and Lots 7-11,
inclusive, Block 117, Plat of the Town of Delray,
Plat Book 1, Page 3, according to the Public
Records of Palm Beach County, Florida.
Lots 7 and 13, less the north 16 feet thereof,
Block 77, Town of Delray.
Parking spaces east of the Florida East Coast
(F.E.C.) Railway, lying west of Lots 9 through 14,
inclusive, Block 92.
(Am. Ord. No. 4-97, passed 1/21/97; Am. Ord. No. 27-97, passed
7/1/97)
VII.39
C '~l) Schedule I. (B)
(B) Time limit. ~ Parking or standing a vehicle in a
designated space in the parking areas or zones described in
subsections (A) (~ and (~ 'of this schedule shall be lawful for
two hours. Parking or standing a vehicle in, designated parking
areas or zones described in subsection (%) (~) of this schedule
shall be lawful for eight hours. Th ~e~waSthour or eight-hour
parking, whichever is applicable, shall be in effect every day
between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and
holidays; provided, that within the meaning of this section, the
term holiday shall include New Year's Day, Easter, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and
the days upon which the Delray Affair is held.
('80 Code, Sec. 26-45) (Am. Ord. No. 4-97, passed 1/21/97)
(C) Violations. It shall be unlawful and a violation of
the provisions of this schedule for any person:
(1) When signs are erected giving notice thereof, to
stop, park or stand a vehicle for longer than the time designated
by the signs at any time between those hours so stated by the
signs on any day, except Sundays and public holidays, within the
City.
(2) To cause, allow, permit, or suffer any vehicle
registered in the name of that person to be parked across any
line or marking of a parking space or in a position that the
vehicle shall not be entirely within the space designated by such
lines or markings.
('80 Code, Sec. 26-46) (Am. Ord. No. 1-86, passed 1/28/86; Am.
Ord. No. 11-89, passed 3/28/89; Am. Ord. No. 4-97, passed
1/21/97)
Penalty, see Sec. 71.999
VII.40
Schedule II.
SCF~ULE II. PARKING METER ZONES.
The following named and described areas, streets, or
portions of streets and any other areas, streets, or portions of
streets as may hereafter be included in this section by amendment
hereto, lying within the corporate limits of the City, shall
constitute a parking meter zone:
DescriDtion Ord.# Date
State Road A-1-A from Casuarina Road
to Beach Drive 21-81 4/21/81
The Atlantic Dunes Park parking lot 21-81 4/21/81
The Anchor Park parking lot 21-81 4/21/81
The Sandoway Park parking lot 21-81 4/21/81
The parking lot located between the
Andrews Avenue fire station and
State Road A-1-A 21-81 4/21/81
Ingraham Avenue parking lot
('80 Code, Sec. 26-24) (Am. Ord. No. 4-97, passed 1/21/97)
Penalty, see Sec. 71.999
Cross-reference:
Parking meter regulations, see Sections 71.055
through 71.062
VII.41
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~:~'~'t
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF NOVEMBER 4, 1997
ORDINANCE NO. 46-97 (DESIGNATING THE TURNER HOUSE AS AN
HISTORIC SITE)
DATE: OCTOBER 30, 1997
This is first reading for Ordinance No. 46-97 which designates the
Turner House located at 145 N.E. 6th Avenue as a local historic
site and adds it to the Local Register of Historic Places. The
designation was initiated by the property owner, Mr. Charles W.
Turner. A copy of the designation report is attached.
The Historic Preservation Board conducted a public hearing on this
matter on October 22, 1997, and voted unanimously to recommend
approval.
Recommend approval of Ordinance No. 46-97 on first reading. If
passed, a public hearing will be scheduled for November 18, 1997.
ref:agmemol4
ORDINANCE NO. 46-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE TURNER
HOUSE LOCATED AT 145 N.E. 6TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC
SITE TO BE LISTED IN THE LOCAL REGISTER OF
HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF
THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO
SHOW THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach provides for
the designation and protection of historic sites; and
WHEREAS, Charles W. Turner, owner of the property located
at 145 N.E. 6th Avenue and more particularly described herein,
initiated the nomination of the Turner House for historic
designation, and a designation report was subsequently prepared; and
WHEREAS, the Historic Preservation Board held a duly
noticed public hearing in regard to the historic designation on
October 22, 1997, and voted unanimously to recommend that the
property described herein be designated a local historic site; and
WHEREAS, the City Commission of the City of Delray Beach
has conducted a duly noticed public hearing in regard to the
designation of the property described herein as a local historic
site.
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 designated as a local
historic site in accordance with and under the provisions of Section
4.5.1 of the Land Development Regulations of the City of Delray
Beach, to-wit:
THE TURNER HOUSE, located at 145 N.E. 6th Avenue,
Delray Beach, Florida; more particularly described
as the South 27.6 feet of Lot 5, less the West 5
feet SR R/W, Lots 6 & 7, less the West 5 feet SR
R/W, of Block 115, as recorded in Plat Book 1 at
Page 3 of the Public Records of Palm Beach County,
Florida.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to show the historic designation,
in an overlay manner.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon 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. 46-97
II. LOCATION MAP
ATLANTIC AVENUE
~ TURNER HOUSE
TO: ~D~MANAGER
THRU: DIANE DOMINGI.tEZ, DIRECTOR/
DEPARTMENT OF PLANNING.a/ND ZONING
/
FROM: PAT CAYCE, FIISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF NOVEMBER 4, 1997
FIRST READING OF AN ORDINANCE TO DESIGNATE THE
TURNER HOUSE, 145 N.E. 6TH AVENUE TO
THE LOCAL REGISTER OF HISTORIC PLACES.
The action requested of the City Commission is that of approval on first reading
of an ordinance designating the Turner House to the Local Register of Historic
Places.
The Turner House, designed by famed Delray Beach architect Samuel Ogren,
was constructed in 1925. Designed in the Mediterranean Revival style, it
conforms to the features of the style as described in the Delray Beach Design
Guidelines. Turner House is a two story single family residence with an
asymmetric facade, clay tile roof, and smooth stucco finished exterior. The wood
windows are a combination of casement and sash, all have deep sills and the
front first floor windows have decorative stucco lintels. An arched French door
on the front elevation opens onto a small balcony surrounded by a wrought iron
railing. Turner House presents many exterior design elements, such as columns
and pilasters with decorative capitals, arches with accented keystones, and
exposed rafter tails, all of which are definitive of the Mediterranean Revival style.
The Turner House was designed by Delray Beach's first and most prolific
registered architect, Samuel Ogren. He was apprenticing ~n the West Palm
Beach architectural firm of William Manley King in 1924 when he designed his
first building in Delray, a single family residence at 704 N. Swinton Avenue.
Delray Beach officials, impressed with the design, offered him the position of City
City Commission Documentation
Turner House Historic Status
Page 2
Architect. Mr. Ogren accepted and moved his practice and family to Delray
Beach in 1924 to begin a career which provided the City with more than 250
structures. Among his more notable commissions in the City are the High
School and Gymnasium, both listed in the National Register; the Arcade Tap
Room; and the Marine Villas.
The Turner House is significant for its architecture; it represents one of the finest
examples of the Mediterranean Revival style in the City. The house is
essentially unaltered and virtually all of its original architectural elements remain
intact, taken as a whole these features greatly enhance the historic fabric and
significance of the house.
Turner House is zoned Central Business District (CBD). The legal description is
as follows:
The South 27.6' of Lot 5, less the West 5' SR RNV, Lot 6 & 7 less the
West 5' SR RNV of Block 115, as recorded in Plat book 1 Page 3.
The request for designation was initiated by the owner, Charles W. Turner.
Additional background and analysis is provided in the attached designation
Report.
The Historic Preservation Board considered this item at a Public Hearing on
October 22, 1997. After discussion, the Board voted unanimously to recommend
historic designation to the City Commission.
By motion, approve the ordinance designating the Turner House, 145 N.E. 6th
Avenue, to the Local Register of Historic Places.
Attachment: Turner House Designation Report.
file/u/ww/turn-ccd
DESIGNATION REPORT
TURNER HOUSE
HISTORIC PRESERVATION BOARD
DELRAY BEACH, FLORIDA
TURNER HOUSE
145 NE 6TM AVENUE
DESIGNATION REPORT
TURNER HOUSE
TABLE OF CONTENTS
I. GENERAL INFORMATION
II. LOCATION MAP
III. ARCHITECTURAL SIGNIFICANCE
IV. HISTORICAL AND CULTURAL SIGNIFICANCE
V. STATEMENT OF SIGNIFICANCE
VI. BIBLIOGRAPHY AND SOURCES
-2-
I. GENERAL INFORMATION
Location: 145 N.E. 6th Avenue, Delray Beach, Palm Beach
County, Florida
Date of Construction: 1925
Architect: Samuel Ogren
Builder: Unknown
Present Owner: Charles W. Turner
6465 N. Sherman Drive
Indianapolis, IN
Present Use: Residential
Present Zoning: CBD Central Business District
Legal Description: S 27.6' of Lot 5, less the W 5' SR R/W, Lot 6 & 7 less
the W 5' SR RNV of Block 115. Plat Book 1 Page 3
Property Control Number: 12 43 46 16 01 115 0051
Classification for Designation: Architectural -'
-3-
I!. .LOCATION MAP
N.F... 2NO ST.
LOWRY SIREET
NJE 'lisT ST.
D£LRA Y
I/ETERANS SUMMIT
TERRAC~
_[-~ -- CONO0
ATLANTIC AVENUE
~ TURNER HOUSE
-4-
III. ARCHITECTURAL SIGNIFICANCE
The Turner House, constructed in 1925, designed by architect Samuel Ogren, and
located at 145 N.E. 6th Avenue, is a fine example of the Mediterranean Revival style
which was popular in Delray Beach during the Florida Boom of the 1920s. It is located
approximately one and one half blocks north of East Atlantic Avenue, between N.E. 1st
and N.E. 2nd Streets, on the east side of N.E. 6th Avenue. N.E. 6th Avenue, now the
northbound portion of US Highway 1, was formerly Dade Avenue, the primary north-
south road through the City.
The house conforms almost exactly with the "features" characteristic of the
Mediterranean Revival style as described in the Delray Beach Design Guidelines. The
Mediterranean Revival style is characterized by one and two story structures with
stucco finish, wood, stone and concrete accents and multi-rank asymmetrical facade
massing. Multi-plane cross gabled roofs are often combined with pitched shed roofs
most of which are covered in clay barrel tile. Windows are multi-paned double or single
hung sash, or casements, some with wrought iron window grilles. Arches are found
above windows and door openings often accented with carved stonework, columns or
pilasters. Elaborate chimney caps, usually topped with barrel tile and functional or
decorative balconies are characteristic of the style.~
While basically rectangular in form, the Turner House emphasizes the irregularity and
asymmetric massing of the Mediterranean Revival style with five different planes on the
front elevation, additionally the five different roof heights and styles contribute to the
typical asymmetric facade massing. On the first floor front facade a shed terra-cotta tile
roof covers the entrance porch and guest room to the :South, to the north the reception
room's shed terra-cotta tile roof is a different height and is set back two feet from the
entry porch/guest room plane. Further to the north a screened porch wing with a shed
roof at right angles to the reception room roof is stepped back an additional twelve feet
from the primary facade. On the second floor a front bedroom wall extends to the guest
room/entry roof and is covered by a high pitched gable which intersects the main roof's
lower pitched gable roof.
The walls of the house are finished in smooth stucco, with the exception of the
screened porch ell which is faced with irregular stone on the lower portion. The
windows are wood with a combination of single or double hung sash with multi-panes
on the top portion, and multi-paned casements. All windows have deep sills and the
front facade first floor windows have decorative stucco lintels. An arched French door
on the front facade opens onto a small balcony surrounded by a wrought iron railing.
The door is framed with stuccoed stone detail, including a decorative keystone, and
topped by a projecting cornice and brackets. The front entrance porch is arched and
open on two sides, north and west. A column with a simple capital supports the arch at
~ Delray Beach Design Guidelines, 1990
-5-
the corner between the openings and decorative pilasters, with stucco trim, anchor the
arches to the supporting walls, a decorative keystone type bracket is placed at the top
of each of the two arches. The front door, recessed into the entry, is also arched and
keystoned with a bracket. The screened porch ell has arched openings, one on the
east and west and two on the north elevation. A wood balustrade extends between the
porch openings and stone steps with a decorative wrought iron railing provide a
secondary access to the house. In the center of the front second floor west facing
gable is a cartouche flanked by graceful indentations fashioned to look like attic vents,
these nonfunctional vents occur at other places near the roof and add a whimsical relief
to the plain stucco finish.
The first floor contains five rooms plus a kitchen, bath, screened porch and rear
enclosed porch; with the exception of the porches all of the rooms are entered from
large rectangular center hall. On entering the hall from the front door, to the left is a
reception room with French doors opening to a small balcony on the west, to the right is
a guest bedroom with a bath/powder room attached. Further along the hall on the left is
the staircase, which can be entered from the east or west by a double set of three steps
ending in a landing, before ascending the stairs to the second floor. Adjacent to the
stairs and on the right is the billiard room and beyond the stairs to the left is the kitchen
and the screened porch. At the east end of the hall on the left is the dining room and to
the right is the library, complete with fireplace and space for a built-in organ. ^ large
enclosed porch with tall casement windows runs along the entire east end of the house,
both the dining room and library open onto the porch. The second floor contains three
bedrooms, two baths, built-in closets, a large storage room, and the large east facing
porch, which in the days before air conditioning, was used as a sleeping porch. 2
The house is unaltered with the exception of an exterior staircase to the second floor on
the rear (east) elevation, and the composition shingle roof on the primary gable. The
owner is in the process of replacing the shingles with terra-cotta tiles to replicate the
original roof.
^ double garage, with a fiat roof and terra-cotta tile trim on top of the parapet, was
constructed with the house in 1925 and is located on the northeast corner of the
property. The garage contained space for two cars, a half bath and laundry tubs. The
garage has been modified by the removal of one set of garage doors.
2 Photocopy of the original plans for the Turner House, Samuel Ogren, May 1925.
-6-
V. HISTORICAL INFORMATION
Dr. Ambrose A. Plotner commissioned Samuel Ogren to design the house in 1925, the
commission was rather unusual in that Dr. Plotner was 83 years old at the time. Also in
1925, Mr. and Mrs. Charles Turner moved to Delray from their home in Oklahoma,
Charles and Ocie Turner met and became friends with Dr. Plotner and agreed to move
into the house as caretakers. A wodd traveler, the doctor spent a great deal of time out
of the country, the opportunity to have the Turners as custodians of the new house
while he was abroad was a mutually congenial arrangement. Ambrose Plotner spent a
part of each of the next seven years in Delray and died in 1932 at the age of 90. Upon
his death the Turners purchased the house from his estate. Charles and Ocie Turner
remained in the house until their deaths when their son, Charles, the present owner,
inherited the property. 3
The Turner House was designed by Delray Beach's first and most prolific registered
architect, Samuel Ogren. Born China in 1899 of Swedish missionary parents, Mr.
Ogren had no formal architectural training. He was apprenticing in the West Palm
Beach architectural firm of William Manley King in 1924 when he designed his first
building in Delray, the Mediterranean Revival residence at 704 N. Swinton Avenue.
City officials, impressed with the design, offered him the position of City Architect.
Ogren went to Tallahassee, took, and passed the State's architectural examination, and
moved his family to Delray in 1924. During the 1920s Mr. Ogren designed mostly in the
Mediterranean Revival style and contributed to its popularity throughout the City. Noted
for his beautifully executed designs, graceful facades, craftsmanship and attention to
detail, Mr. Ogren was commissioned to design the Delray High School and Gymnasium
in 1926, both buildings are listed in the National Register of Historic Places. Some of
his other notable buildings in the Mediterranean Revival style are the Marine Villas,
Casa Abriga, and the Arcade Tap Room. As the popularity of the Mediterranean
Revival style waned at the onset of the Great Depression, Mr. Ogren's designs reflected
the changing public taste in architecture. Colonial Revival, Monterey and Art Moderne
styles are all to be found in his later work throughout the City. Samuel Ogren designed
more than 250 buildings in the City between 1924 and his retirement in 1955. Mr.
Ogren died at age 89, many of the homes he designed have been demolished or
inappropriately remodeled, however his legacy remains with such a fine example of his
oeuvre as the Turner House.
VI. STATEMENT OF SIGNIFICANCE
The Turner House is significant for its architecture. It represents one of the finest
3Letter from Charles Turner, August 24, 1997
4"Father of Delray Beach Architecture", Palm Beach Post, 1986
-7-
examples of the Mediterranean Revival style in the City, it incorporates all of the style's
characteristic features in a graceful residential structure. The house is essentially
unaltered and virtually all of its original architectural elements remain intact, taken as a
whole these features greatly enhance the historic fabric and significance of the house.
Designed by National Register architect, Samuel Ogren, the Turner House deserves
the recognition and protection afforded it by designation to the Local Register of Historic
Places.
Criteria for Designation
To qualify as an historic site the property must fulfill one or more of the criteria set forth
in Section 4.5.1(B)(2) or (3) of the Land Development Regulations. The Turner House
fulfills four of the criteria of Section 4.5.1(B)(3) as follows:
Section 4.5.1(B)(3)
(a) Portrays the environment in an era of history characterized by one or more
distinctive architectural styles:
The Turner House is an excellent example of the Mediterranean Revival
style which gained popularity throughout South Florida during the 1920s.
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction:
The major defining characteristics of the Mediterranean Revival style are
present in the Turner House. Moreover, most of the defining exterior
details and design elements remain on the structure, making it all the
more significant for future generations to appreciate.
(c) Is an historic or outstanding work of a prominent architect, designer, landscape
architect, or builder:
The building is an historic example of the residential work designed and
executed by the City's most prominent and prolific architect, Samuel
Ogren.
(d) Contains elements of design, detail, material, or craftsmanship of outstanding
quality or which represented, in its time, a significant innovation or adaptation to
the South Florida environment.
The quality of the exterior ornamental elements such as brackets, stucco
work, cornices, and decorative lintels reflect the artistry and attention to
detail that Samuel Ogren's craftsmanship is noted for. Additionally, the
use of the expansive porches with banks of large casements windows
across the rear (east) elevation, designed to capture the prevailing
-8-
breezes, as well as the cross ventilation shown on the plan, indicate the
architect's adaptation of the house to the South Florida environment in an
era before air conditioning was generally available for residential use.
-9-
IV. BIBLIOGRAPHY AND SOURCES
Building Cards, City of Delray Beach, Florida.
Sanborn Fire Insurance Map, Delray, Florida 1925.
Florida Master Site File Form, 145 N.E. 6th Avenue, May 5, 1986
Photocopy of the Original Plans for the Turner House, Samuel Ogren, Dated May 1925.
Letter from Charles Turner, August 24, 1997.
Photograph of the Turner House, c 1930, Charles Turner
Delray Be~ch HistQri(;; Sites Survey, by John P. Johnson, Historic Palm Beach County
Preservation Board, July 1987.
Design Guidelines for Historic Places. A Preservation Manual, compiled by the Historic
Preservation Board, Delray Beach, 1990.
A. Field Guide to American Houses. by Virginia and Lee McAlester, Alfred A. Knopf,
New York, 1988.
"Father of Delray Beach Architecture", Clemmer Mayhew III, Palm Beach Post. 1986.
Designation Report prepared by Patricia Cayce, Historic Preservation Planner, City of
Delray Beach, Florida, September 1997.
File/u/www/tumdes
-10-
17_~3 1~31
~ N. ~--. IS_T ST. (LOWRY)
OE.^.T.~.~OFS~^T~ FLORIDA MASTER SITE' FILE
o~.1.~o, o~ .,~,....~.~o~ Site Invento~ Form FDAHRM 802 = =
OS-.S~-3AA& ae~. 3-70 1009 = =
Site No.
Site Name 830= = Su~ey Date 820= =
Address of Site: ~45 ~nrrh~=~ ~{~¢h Ay>ri..; n.l~y R~h 905= =
Instruction for locating
813 =
Location: T,j.p~nn [[5 6 & S27.6 o[ 5868= =
su~ivlslon
County: ~a[m ~each ,, 808= =
Owner of Site: Name: n~ ~._ ?.~na~ - ;
Address: 14~ ~o~thea~t S~x~b Avenue. Delsey ~each "
~2=
Type of Ownership ~T~v~te , 848= = . Recording Date
Recorder:'
Name & Title: Saa~o~d
Address:'
818= =
Condition of Site: Integrity of Sit~: Original Use Res~deaC~a[ 838=
Check One Ch~k One or More
Present Use ~s~n~l 850= = .
~ Excellent 863= = B A~e~ed 8~= = Dates: Beginning ] 9~ 844 = =
~ Go~ ~3= = ~ Unalter~ 8~= = Culture/Phase 840= =
~ Fair 863= = ~ OrlglnalSIte 8~= = Period 845= =
~. Deteriorated 863= = . ~ Resl~{ )(Date: X )8~= =
~.M~( }(Date: X }858==
NR Classification Catego~: S~[d~a~ 916= =
Threats to Site:
Check One ~
~ Zoning{ ~ ~ ~ZS= = ~ Trans~rtallon( ~ ~ ~aTa= =
· oevelopment( X
~ Detedorallon( ~ X )878== ~Dredge( ~ ~ )878==
~ Bo.~lng( ~ X )878= =
~ Olhe; (See Rereads Bel~): 878 = =
Areas of Significance: A;chtcec~u;e 910= =
Significance:
911= =
¢
ARCHITECT Sam Ogren, ~; : 872= =
BUILDER Unknown 874 = =
STYLE AND/OR PERIOD Mediterranean Revival 964= --
PLAN TYPE irregular 966= =
EXTERIOR FABRIC(S) Stucco over tile 854= =
STRUCTURAL SYSTEM(S) cement block 856= =
PORCHES north elevation
942 = =
FOUNDATION: concrete 942 = =
ROOF TYPE: Gable 942 = =
SECONDARY ROOF STRUCTURE(S): ~nh'l. p...- .~h~cl 942 = =
CHIMNEY LOCATION: centra! 942 = =
WINDOW TYPE: wood frame sash 942= =
CHIMNEY: 882 = =
ROOF SURFACING: Ornamental.clay t±le 882= =
ORNAMENT EXTERIOR: 882 = =
NO. OFCHIMNEYS 952= = NO. OFSTORIES "two 950= =
NO. OF DORMERS none 954 = =
Map Reference (incl. scale & date) Delra¥ Beach~ topographic, 1:24,000
1962, 1982 809= =
Latitude and Longitude:
.... ~' " 800 = =
Site Size (Approx. Acreage of Property): T,T 1 833= =
To_.w~ .n,%l~ p~[~[e Section
LOCATION SKETCH P ~,,. ~,,,
46 , 43 16 812=:
N. E. Thi£-d .~treet UTM CoOrdinates:
890= =
~ ~ - Zone ~-a$1ing NO~lhmg
N. E. Second .S.tr~et
N. E. First St....
Photographic Records Numbers 860 = =
Contact Print
THE TURNER HOUSE c1930
FRONT, LOOKING SOUTHEAST
NORTH ELEVATION
DETAILS OF FRONT FACADE
REAR ELEVATION
ARCHED FRONT DOORS AND BALCONY
BRACKET DETAILS UNDER CORNICE
CARTOUCHE AND NONFUNCTIONAL ATTIC VENTS, FRONT GABLE
LINTEL DETAIL, FRONT ELEVATION
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR ~0~'~' ~,~:, ,~
DEPARTMENT OF PLANNING AND ZONING
FROM: , R
SUBJECT: MEETING OF NOVEMBER 4, 1997
REZONING FROM GC (GENERAL COMMERCIAL) TO AC
(AUTOMOTIVE COMMERCIAL) FOR PROPERTY LOCATED ON THE
EAST SIDE OF DIXIE HIGHWAY APPROXIMATELY 170' SOUTH OF
LA MAT AVENUE
The action requested of the City Commission is that of a.Dproval on first reading of an ordinance
rezoning a 0.24 acre parcel of land from GC (General Commercial) to AC (Automotive
Commercial) for The Silk Garden Outlet. The subject property is located on the east side of
Dixie Highway approximately 170' south of La Mat Avenue.
The subject property consists of Tract B of the Faulterbaur Plat, and contains 0.24 acres. The
site currently contains a 2,179 square foot building, 11 parking spaces, dumpster enclosure,
and associated landscaping. The site was recently vacated by The Silk Garden Outlet. The
owner wishes to sell the property and is requesting a change in zoning from General
Commercial (GC) to Automotive Commercial (AC) to accommodate an automotive repair shop.
Additional background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
At its meeting of October 20, 1997, the Planning and Zoning Board held a public hearing in
conjunction with the review of the rezoning. There was no public testimony in favor or
opposition to the rezoning request. The Board voted 5-0 (Bird and Carbone absent) to
recommend that the rezoning request be approved, based upon positive findings with respect to
policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section
2.4.5(D)(5) of the Land Development Regulations.
By motion, approve on first reading the ordinance for the rezoning from GC (General
Commercial) to AC (Automotive Commercial) based upon positive findings with respect to
policies of the Comprehensive Plan, Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of
the Land Development Regulations, and setting a public hearing date of November 18, 1997.
Attachments:
· P&Z Staff Report and Documentation of October 20, 1997
· Ordinance by Others /.~. /_.~.
ORDINANCE NO. 48-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN
THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY
APPROXIMATELY 170 FEET SOUTH OF LA MAT AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as.being zoned GC (General Commercial) District; and
W~EREAS, at its meeting of October 20, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of AC (Automotive
Commercial) District for the following described property:
Tract B, Falterbauer Property, according to the
Plat thereof as recorded in Plat Book 68, Page 55,
of the Public Records of Palm Beach County,
Florida.
The subject property is located on the east side of
Dixie Highway, approximately 170 feet south of La
Mat Avenue; containing 0.24 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
IJ
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 20, 1997
AGENDA ITEM: V.D.
ITEM: Rezoning from GC (General Commercial) to AC (Automotive
Commercial) for the Silk Garden Outlet, located on the east side of
Dixie Highway, approximately 175 feet south of La Mat Avenue.
GENERAL DATA:
Owner/Applicant ............. Houssam Boutros Tannous
Location .......................... East side of Dixie Highway,
approximately 175feet south of
La Mat Avenue
Property Size .................. 0.24 Acre
Future Land Use Map ..... General Commercial
Current Zoning ............... GC (General Commercial)
Adjacent Zoning .... North: AC (Automotive Commercial)
East: AC
South: AC
West: CD (Conservation District)
Existing I'and Use .......... Existing building used for a silk
flower shop
Proposed Land Use ........ Rezoning the property to
accommodate an automotive
repair shop.
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
C~15
The action before the Board is making a recommendation to the City
Commission on a rezoning request from General Commercial (GC) to
Automotive Commercial (AC) for Silk Garden Outlet property.
The subject property is located on the east side of Dixie Highway
approximately 170' south of La Mat Avenue and contains 0.24 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review
and make a recommendation to the City Commission with respect to
rezoning of any property within the City.
The subject property consists of Tract B of Faulterbaur Plat, and contains 0.24 acres.
This parcel was in the County until annexed as part of the 1987 Enclave Act via
Ordinance 38-89.
In August 1990, a building permit to construct a 2,179 square foot structure was
submitted concurrently with a plat for a proposed contractors office. Prior to the
adoption of the LDRs in October 1990, site plan approval was only required for
commercial structures over 5,000 square feet. Commercial structures under 5,000
square feet and their associated site plans were approved through the building permit
process. The building permit was issued for the site with a condition that prior to
issuance of a Certificate of Occupancy that the plat be recorded.
The parcel was zoned Specialized Commercial (SC) until it was rezoned to Automotive
Commercial (AC) with the Citywide rezoning associated with the approval of the Land
Development Regulations in October 1990. This zoning was applied in error, given that
the approved site plan was for a related business use. Therefore, a corrective rezoning
was approved by the City Commission at its meeting of February 26, 1991 via
Ordinance 25-91 changing the zoning from AC to GC (General Commercial).
At its meeting of June 25, 1991, the City Commission granted Final Plat approval for
the subject property with a waiver from the requirement to install a sidewalk along Dixie
Highway. It was noted in the plat staff report, that the building was constructed and
operating under a temporary Certificate of Occupancy as the Silk Garden Outlet. Silk
Garden Outlet recently moved to South Delray Shopping Center and the structure is
vacant. The current owner wishes to rezone the subject property from GC to AC to
accommodate an auto repair use.
P & Z Board Staff Report
Rezoning from GC to AC for Silk Garden Outlet
Page 2
The development proposal is to rezone the Silk Garden Outlet property from General
Commercial (GC) to Automotive Commercial (AC). The rezoning is to accommodate an
automotive repair shop. The site currently contains a 2,179 square foot building, 11
parking spaces, dumpster enclosure, and associated landscaping. No changes to the
site are being proposed at this time.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject property is General
Commercial. The requested zoning change is from General Commercial (GC) to
Automotive Commercial (AC). The proposed zoning designation of AC is
consistent with the General Commercial Future Land Use Map designation.
Pursuant to LDR Section 4.4.10(D)(6), within the AC zone district, the proposed
vehicle repair shop is allowed as a Conditional Use. Based upon the above,
positive findings can be made with respect to consistency with the Future Land
Use Map.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy, These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Water service exists to the site via a service lateral connection to an 8" main
which is located along the northern property line (a portion of the main is located
on the adjacent Saturn Dealership property), and a fire hydrant is located at the
northwest corner of the site within Dixie Highway right-of-way.
P & Z Board Staff Report
Rezoning from GC to AC for Silk Garden Outlet
Page ,3
Sewer service exists to the site via a service lateral connection to an existing 6"
main from the Saturn Dealership.
No water or sewer main extensions or upgrades are required with the change in use.
Drainage:
Drainage is accommodated via on site swale areas and a French drain which is located
within the parking lot. There will be little or no impact with respect to this level of
service 'standard.
Traffic:
As the intensity of uses within the GC and AC zoning districts are similar, comparable
traffic volumes would be generated. With the submittal of the Conditional Use
application for the auto repair use, a traffic study must be provided which complies with
the Palm Beach County Traffic Performance Standards Ordinance. There are no
problems anticipated meeting this level of service standard.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will be
no impact on this level of service standard.
Solid Waste:
Trash generated each year by the proposed repair shop will be equal to or less than
that generated by the commercial uses allowed under the GC zone district. The Solid
Wa.~te Authority indicates in its annual report that the established level of service
standards for solid waste will be met for all developments which have been accounted
for in their Comprehensive Plan.
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.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Land Use Element Policy A-2,4 - Automobile uses are a significant land use
within the City and as such they have presented unique concerns. In order to
P & Z Board Staff Report
Rezoning from GC to AC for Silk Garden Outlet
Page 4
properly control these uses and guide them to locations which best suits the
community's future development, the following shall be adhered to:
El 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, 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.
If the rezoning is approved, the use on the subject property will be changed from a retail
use to an automotive repair shop. The development proposal is consistent with this
Policy as the subject property is not located within the CBD zone district or the
restrictive geographical area identified above. While the policy directs auto related uses
invoiving the servicing and repair of vehicles to industrial/commerce areas, it seems
appropriate in this instance to allow the automotive repair use under the AC zoning
given the site is surrounded by AC zoning with a full service dealership that also has an
auto repair function along Dixie Highway, as do many other dealerships located within
this auto related corridor.
Section 3.3,2 {Standards. for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The subject property is bordered on the north, south and east by AC zoning and
to the west by CD (Conservation District) zoning. Morse Saturn Dealership
P & Z Board Staff Report
Rezoning from GC to AC for Silk Garden Outlet
Page 5
surrounds the parcel to the north, south, and east. Dixie Highway is located to
the west, as well as the FEC Railroad and a City owned parcel known as Leon
Weekes Environmental Preserve.
Compatibility with the adjacent properties is not a concern as the property is
surrounded by a car dealership and a preserve area which will remain as a
conservation area/passive park.
Section 2.4.5(D)(5).(Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate, for the property based
upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which states the following:
"The reason we need to have the zoning changed is so that we are zoned simi/ar
to all the businesses around us. We are surrounded by all three sides by
automotive type businesses. Our ~or is to sma//to make it a car ~or, but it is idea/
for a repair shop.'
Comment: The basis for which the rezoning is being sought most closely relates to
Item "c". The proposed zoning is similar in intensity as allowed under the General
Commercial Future Land Use Map designation. Given the small size of the lot and the
surrounding land use of a full service automobile dealership, it is appropriate to rezone
the property to AC.
Com.oliance with Land Development Regulations:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request,
P & Z Board Staff Report
Rezoning from GC to AC for Silk Garden Outlet
Page 6
The site is currently developed and no modifications to the site are being requested at
this time. The site received a notice of violation for failing to comply with the landscape
code, including sodding the site and Dixie Highway right-of-way with St. Augustine
'Floratam', overall maintenance, and replacement of missing or dead material. In
addition, a mural was painted on the facade of the building which never obtained
SPRAB approval. With the submission of the Conditional Use Application to establish
the automobile repair use, the Applicant must address these items.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Courtesy Notices:
Courtesy Notices have been provided to Town and County and Tropic Palms
Homeowners Associations.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The rezoning from GC (General Commercial) to AC (Automotive Commercial) is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. Also, positive findings can be made with respect to Section
2.4.5(D)(5) (Rezoning Findings), that the AC zoning is similar in intensity as allowed
under the General Commercial Future Land Use Map designation.
A. Continue with direction.
B. Recommend rezoning of Silk Garden Outlet from GC to AC based on
positive findings with respect to Section 2.4.5(D)(1) (rezoning findings),
Section 3.1.1, and the performance standards of Section 3.3.2.
P & Z Board Staff Report
Rezonin9 from GC to AC for Silk Garden Outlet
Page 7
C. Recommend denial of a rezoning, based on a failure to make positive
findings.
I
Recommend approval of the rezoning request for Silk Garden Outlet from General
Commercial (GC) to Automotive Commercial (AC), based upon positive findings with
respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning
Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan.
Attachments:
I~ Location/Zoning Map
El Survey
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM #/~.- REG~ MEETING OF NOVEMBER 4, 1997
ORDINANCE NO. 50-97 (INCREASED LAND DEVELOPMENT FEES AND
ASSOCIATED LDR AMENDMENTS)
DATE: OCTOBER 31, 1997
This is first reading for Ordinance No. 50-97 which amends the Land
Development Regulations by increasing the fees for land development
applications and establishing new fees for certain actions for which
there is currently no charge. Associated changes include creating
different categories of site plan actions with corresponding fees, as
well as enacting a formal procedure for amending the LDRs.
The City Commission reviewed the proposed increase in fees at the
September 16th workshop. It was the consensus at that time for staff
to proceed with the necessary amendments.
The Planning and Zoning Board considered the amendments at a public
hearing on October 20, 1997, and voted 5 to 0 to recommend approval.
Recommend approval of Ordinance No. 50-97 on first reading. If
passed, a public hearing will be scheduled for November 18, 1997.
ref:agmemol5
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JAFJIET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS}
INCREASING LAND DEVELOPMENT FEES. ESTABLISHMENT OF
NEW FEES. AMENDING THE NAME AND DEFINITIONS FOR SITE
AND DEVELOPMENT PLANS. ESTABLISHING A PROCEDURE FOR
AMENDMENTS TO THE LDRS. AND MISCELLANEOUS
AMENDMENTS TO RELATED SECTIONS
The item before the Commission is approval of LDR amendments pertaining to the
increase in land development fees, establishing a process for amendments to the
LDRs, establishing new names and definitions for site plans and site plan modifications,
and amendments to miscellaneous related sections. The amendments affect the
following sections of the Land Development Regulations: 2.4.3(K) Fees; 2.4.5
Procedures for Obtaining Development Approvals; 2.4.6 Procedures for Obtaining
Permits and Approvals; 2.4.7 Procedures for Obtaining Relief from Compliance with
Portions of the LDRS: 1.1.6 Amendments; and Table of Contents.
The Planning and Zoning Department recently completed a review of fees charged for
rezonings, site plans, conditional uses, plats, and other land use actions processed by
the department. These fees have not been changed since 1990, when the Land
Development Regulations were updated for consistency with the 1989 Comprehensive
Plan. The fee schedule study included an assessment of the average staff hours spent
on each type of application, and a survey of fees charged by other municipalities in the
area. Based on this review, a significant increase in fees is supported. The changes to
the LDRS have been drafted and are now before the City Commission for approval.
City Commission Documentation
Meeting of November 4, 1997
Fees - LDR Text Amendment
Page 2
The Planning and Zoning Board considered the amendment at a public hearing on
October 20, 1997. No one from the public spoke in favor or opposition to the changes,
and the Board voted 5-0 (Carbone and Bird absent) to recommend to the City
Commission approval of the proposed LDR amendments.
By motion, approve on the first reading text amendments to the LDRs adding Sections
2.4.5 (M) Amendment to the Land Development Regulations. and Section 2.4.5 (N)
Determination of Similarity of Use: deleting Section 2.4.6(Q) Determination of Similarity
of Use: and amending Sections 2.4.3 Fees, 2.4.5 Procedures for Obtaining
Development A.D~)rovals 2.4.7 Procedures for Obtaining Relief from Compliance with
Portions of the LDRS, 1.1.6 Amendments. and Table of Contents, and setting a public
hearing date of November 18, 1997.
Attachments:
· P&Z Staff Report and Documentation of October 20, 1997
· Ordinance by Others
ORDINANCE NO. 50-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K),
"FEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY INCREASING LAND
DEVELOPMENT FEES AND ESTABLISHING NEW FEES;
AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING
DEVELOPMENT APPROVALS" BY AMENDING THE NAME AND
DEFINITIONS FOR SITE AND DEVELOPMENT PLANS;
ENACTING A NEW SECTION 2.4.5(M), "AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR A
PROCEDURE TO AMEND SAID LAND DEVELOPMENT
REGULATIONS; ADDING SUBSECTION (N), "DETERMINATION
OF SIMILARITY OF USE", TO SECTION 2.4.5; DELETING
SUBSECTION (Q), "DETERMINATION OF SIMILARITY OF
USE", FROM SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS"; AMENDING SECTION 2.4.7,
"PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE
WITH PORTIONS OF THE LDRS", BY PROVIDING FOR A
PROCESSING FEE; AMENDING SECTION 1.1.6,
"AMENDMENTS", TO REFERENCE THE PROCEDURE AT SECTION
2.4.5(M); AMENDING THE TABLE OF CONTENTS; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on October 20, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 10 That the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same are hereby amended as
set forth in Exhibit "A" attached hereto and made a part hereof.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 50-97
Exhibit "A" to Ordinance No. 50-97
AMENDMENT TO SECTION 2.4.3 (K)
(K) Fees: Processing fees shall be collected for development applications.
The fees shall be as established herein and as modified by ordinance of the City
Commission. [Amd. Ord. 46-95 915/95]
(1) DeveloDment Applications: The following fees shall be charged
for development applications. All fees are cumulative and separate unless otherwise
indicated. Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment $ 2,000
(b) Review of a ADNDRI $ ~. ,,,,,,.nnn 3.000
Modification of a DRI $ 1.000
(c) Voluntary Annexation with Zoning $ 1,000 {4)
(d) Rezoning of Land $ 800 1.200
(e) Modification of a SAD Ordinance to add a use or $ 46~ 1.200
uses
(f) Conditional Uses, New application $ 450 900
Modification requiring Board Review $ 200 500
~"'~'""+~ ..... ;+~' Adm!n!strat!ve ~""~ .... ~ ~n
(g) Master Plans $ 500 (!) 1.000 (1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 500
Similarity. of Use .,$. 250
(j) Site Plan Review: ~'' ....... '""-*~"" '"'"""~"" $ 50n (1)
l~.'l,.,,4;~,,-.,~f;,~,., ,,,;+1-, A,.,h.,.,;,.,;~.+,.,.~+;,,,, D~,,,;~,,,, $
Class I (Non-lm.Dacting Modification) i 50
Class II (Non-lm.oacting with Board Review) ~ 150
Class III (Minor Modification) .$.400 (1)
Class IV (Major Modification) ~. 750 (.1)
Class V (New Submissiom .$_1.000 (1)
Page 1 of 10
(k) Extension requests for a previously approved $ 500
conditional use or site plan (only one fee is
required if both items are being extended for one
project)
(I) Plats
Bcundcry,~'-*,_. '--.., Minor Subdivision $ v....'~nn 7,50 (1)
,D"~*"~'i"""' e, ,k,~;,,;.-;.,,,.., ,O~+,--, $ 50nv (1)
~';,.,,-~1 ~..l-,~l;,,;c.;,-,,~ DI,,.~,I. ~ '1 ~t~
Major Subdivision $ 1.500 (1)
Plat Recording Fee [Amd. Ord. 46-95 915195] (3)
(m) Abandonments
Right-of-way $ 500
General Easements $ 200 300
Specific Easements $ 69 1§0
(n) Master Sign Program $ 100
(o) Variance through the Board of Adjustment or the
Historic Preservation Board $ 150
(p) Formal interpretation by the Board of Adjustment $ 25
(q) Certificate of Appropriateness by Board $ 25 (2)
(r) Certificate of Appropriateness by Administrator $ -0-
(s) Request for Historic Designation $ 25
(t) Hearing before the Board of Construction Appeals $ 25
(per item)
(u) Temporary Use Request involving City Commission $ 100
action
(v) Water Service Agreement Request
- - without concurrent site plan $ 100
- - with concurrent site plan $ -0-
Exhibit "A" to Ordinance No. 50-97 Page 2 of 10
(W) Land Development Regulations Text Change _$_ 500
(x) Waivers and Internal Ad!ustments _$_ 100 per rea. uest (6_3
$ 200 per rea. uest (7)
(y) Appeals by Applicant .$_ 200 ~
(Z) Re-advertising- ~
(aa) Zoning Verifi(;;ation Letter _$_ 50
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning
at 5.0! 3.01 acres, up to a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be
applicable to the request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or
as modified from time to time by Palm Beach County, payable to Palm
Beach County. [Amd. Ord. 46-95 915195]
(4) Fee may be waived by the City Manager. for properties that have already
been developed, or for sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(0) For requests made during the site plan / master plan review process.
For re~.pests made subseauent to the site plan / master plan review
process.
LS.J Includes appeals of both administrative decisions and Board actions.
L9_3 Advertising costs.
Exhibit "A" to Ordinance No. 50-97 Page 3 of 10
AMENDMENTS TO LDR SECTION 2.4.5
Section 2.4.5 (F) Site and Development and Master Development Plans (MDP):
(1) Rule: Th~ P!:nn!ng "-'~ 7,-,,,ir~,, Bccrd .
............... ~ or Site and development
plans are divided into five (5) classifications. Class I - Class IV are modifications to site
and development plans and are further described in Section 2.4.5(G). tThe Site Plan
Review and Appearance Board, or the Historic Preservation Board, as applicable, may
approve, approve subject to conditions or deny a Class V site and development plan. A
Class V Site and Development Plan is described as follows;
(a) Class V: New application for development of vacant land,
or for modification of a developed propert.v when no valid
site plan of record exists and which requires full review of
Performance Standards found in Section 3.1.1.
(2) Re0uired Information: The following information must be
presented in a site and development plan or a Master Development Plan submittal:
* Standard Application items pursuant to 2.4.3(A);
* Standard Plan Items pursuant to 2.4.3(B);
* Standard Landscaping Plan Items pursuant to 2.4.3(C):
* Preliminary Engineering Plans pursuant to 2.4.3(D);
* Traffic Statement Study, Report pursuant to 2.4.3(E);
* Standard Architectural Elevation Items pursuant to 2.4.3(G);
(6) Master Development Plans. Special Provisions: A Master
Development Plan (MDP) shall be approved by the Planning and Zoning Board. A
MDP shall be the guide for any subsequent site plan or subdivision action. A site plan
shall be required for any phase or the entire area encompassed by a MDP. Individual
site plans shall be processed pursuant to Section 2.4.5(G), (H), (I) with approval
authority of the Site Plan Review and Appearance Board.
Exhibit "A" to Ordinance No. 50-97 Page 4 of 10
Section 2.4.5 (G) Modifications to Site and Develo0ment Plans
(1) Rule: No change or modification shall be made to an approved
site specific development plan or a Master Development Plan unless application
therefore has been made and the modification approved. Modifications to such plans
shall be classified as, I~1 I"~" :~+;"~ ~; ....... ~1 I I ;~' T~i I I ~ ,-I--,-,.i~,-.~fi~,-,- 3re
dec,~ibed~as follows:
,,,.'ii
(¢:,-) u,.,.... A ,.,..; .... ,~;¢,.,..+;,.,. ;.. Ch" which~. ...... ........ +" a
o;,.,,.;R,..,,.+ CAS,",'"~. ::, ;" ;"+"""';+" "'~ ....... h;,-~, ;" turn ....
h ...... .',-,,.;¢,,----.+..... .; .... +upcn *"";':+;'~°,..~.,,.,...., concurrency; upcn
CLASS I: Approval of items listed in Section 2.4.5(I)(1) such
aS but not limited tO: walls, fenq:es, slabs, dumpster
enclosures, sheds, etc. which do not reauire Board review:
and changes in architectural elevations which re~.uire Board
review.
CLASS 11: Approval of a modification to a site plan (.other
than Class I applications) which requires no review of
Performance Standards found in Section 3.1.1. but which
requires action by a Board.
CLASS II1: A modification to the site plan which represents
either a change in intensity, of use. or which affects the
spatial relationship among improvements on the land.
requiring partial review of Performance Standards found in
Section 3,1.1.
Exhibit "A" to Ordinance 50-97 Page 5 of 10
CLASS IV: A modification to a site plan which represents
either a significant change in the intensity of use or
significant changes which affect the spatial relationship
among improvements on the land. requiring full review of
Performance Standards found in Section 3,1.1,
(2) Required Information: The following information, along with the
appropriate processing fee, must be presented with a request for a site and
development plan modification:
~ Class I and Il: Completed Application along with
an exhibit showing that portion of the site plan which is to be
changed in its present condition and an exhibit depicting the
requested change.
(b) ......~..u;"""' ...,_,~*"~',4"',4,...., ~ Cless Ill and IV: Comoleted. Application,
and Required Information as applicable Eems pursuant to
2.4.3(A), (B). (C). (D). (E). and (G) shall be provided along
with a copy of the original site plan upon which the proposed
changes are depicted ,~-'-'" "-~*'-- -'~'-" ~' ...... ~,4'-,4
which ?'c ....... ,,,,4 ,.~, ..... .4 .... ~,~,d 3"d the
!nform=t!cn Mc,~.~ ..... ....... ~-'-,4 '-~ : new .... -'~"- :nd dc';c!opmcnt p!:n
cubm!tt:!.
(3) Procedure: A site and development plan modification shall be
processed as follows, pursuant to its ~ classification:
(a) ~u,,.,_.. .... "'--" Class I and Il: Receipt and acceptance of
the submittal, administrative review, and action by the
Director, or h~ appropriate review Board if
applicable.
(b) .M!.,,,~: Class III and IV; Receipt and acceptance of the
submittal, and action by the appropriate review Board.
Exhibit "A" to Ordinance No. 50-97 Page 6 of 10
Section 2.4.5 (M) Amendment to the Land Development Regulations
(1) Rule: Amendments to the Land Development Regulations may be
initiated by the City_ Commission. Planning .and Z, oning Board or City_ Administration; or
an individual may reo. uest an amendment pursuant to the following procedure.
Required Information:
(a) A formal letter of reauest which references the subject LDR
section and provides a rationale for the reauested
amendment.
Draft of proposed ordinance including language to be
amended,
(C) Analysis of the amendment and its potential impacts
including support documentation such as exhibits, graphs
similar ordinances from other municipalities, etc.
(d) Processing fee pursuant to LDR Section 2.4.3 (K).
(3) Procedure: An amendment to the LDRs shall be processed
through the following seauence:
Receipt and certification as complete:
Consideration at a public hearing before the Planning and
Zoning Board:
Forwarding of a recommendation for approval to the City
Commission and consideration at first reading of the
enacting ordinance:
Public hearing before the City_ Commission and adoption or
re!ection at second reading.
(4) Conditions: The proposed language for the amendment to the
LDRs may be altered by the Planning and Zoning Board or the City. Commission.
(§) Findings: In addition to provisions of Section 1,1.6(A). the City
Commission must make a finding that the text amendment is consistent with and
furthers the Goals. Ob!ectives and Policies of the Comprehensive Plan.
Exhibit "A" to Ordinance No. 50-97 Page 7 of 10
(6) Limitations of Amendments: Whenever the City Commi,$sion has
denied an application for an amendment to the Land Development Regulations. the City
Commission shall not thereafter consider any further application for the same type of
amendment for a period of twelve (12) months from the date of such action.
The time limits stated above may be waived by three (3) affirmative
votes of the City Commission when such action i~, found and deemed necessary_ to
prevent in!ustice or to facilitate the proper development of the City, Further. the above
limitations shall not apply to a petition which expires during processing or during
processing or denied in a manner deemed as "without pre!~ldice".
MISCELLANEOUS AMENDMENTS
ADDING:
Section 2.4.5 (N) Determination of Similarity_ of Use:
(1) Rule: A determination of Similarity of Use shall be made only by
the Planning and Zoning Board.
(.2) Rea. uired Information: The appropriate processing fee along with
a letter in which:
(a) The requested use is identified and described:
(b) The appropriate zoning designation is identified;
(¢) Rationale is provided as to why the use should be deemed
similar to other uses already allowed in the identified zoning
district.
DELETING:
Exhibit "A" to Ordinance No. 50-97 Page 8 of 10
AMENDING:
Section 2.4.7:
(B) Waivers: A waiver involves the granting of total relief from a specific
development regulation.
(2) Required Information: The following information including the
appropriate pror,.e~,$ing fee must be provided in order for a waiver to be considered:
* A formal letter of request within which the regulation which is
to be waived, with reference to section number, is described
along with justification for granting the waiver.
(C) Adjustments:
(2) Required Information: The following information including the
appropriate processing fee must be provided in order for an adjustment to be
considered:
* A formal letter of request within which the affected
regulations, with reference to section number, are described
along with justification for granting of the adjustment.
(E) Appeals:
(2) Required Information: An appeal must be in writing, directed to
the City Clerk, and must provide the following information including the appropriate
proces~,iqg fee:
* Identification of the action which is being appealed;
* Identification of who took the action and when it was made;
* The basis of the appeal;
* The relief being sought;
* The name of the appellant and the appellant's interest in the
matter
Exhibit "A" to Ordinance No. 50-97 Page 9 of 10
Section 1.1.6 Amendments:
(A) The text of these Land Development Regulations may from time to time
be amended, changed, supplemented, or repealed. No such action however, shall be
taken until a recommendation is obtained from the Planning and Zoning Board and until
a public hearing has been held by the City Commission. Any such change shall be
made by ordinance, pursuant to procedures found in LDR Section 2.4.5(M).
Table of Contents:
2.4.5 Procedures for Obtaining Development and Use Approvals
(F) Site and Development and Master Development Plans
(M) Amendments to the Land Development Regulations
(N) Determination of Similarity. of Use
1D~ Rule
~ Required Information
~ Procedures
L4.) Conditions
LS_.) Findings
2.4.6 Procedures for Obtaining Permits and Approvals
Exhibit "A" to Ordinance No. 50-97 Page 10 of 10
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM #/0h- REGULAR MEETING OF NOVEMBER 4, 1997
ORDINANCE NO. 44-97 (LDR AMENDMENTS REGULATING THE
CONSTRUCTION OF LARGE HOMES)
DATE: OCTOBER 31, 1997
At first reading of Ordinance No. 44-97 on October 21st, the
Commission, by majority consensus, gave the following direction:
Exhibit "A" was to include the language limiting the height of
chimneys, cupolas or other appurtenances; Exhibit "B" was to
include the increased side setback requirement for second and
third floors in the R-1AA zoning district and was also to be
amended to reflect a maximum FAR of 35%. Exhibit "C", defining
floor area (gross) and floor area ratio, was approved as
presented. The ordinance, with these exhibits, was approved on
first reading by a vote of 4 to 1 (Mayor Alperin dissenting).
Ordinance No. 44-97 is before the Commission tonight for
consideration on second and final reading, as well as a public
hearing. The exhibits to the ordinance are in final form.
As mentioned by Commissioner Schmidt at Tuesday's workshop, some
concerns have been raised about how adoption of this ordinance
could adversely affect individuals who have been in the process of
planning or designing improvements to property under current
regulations, but have not yet actually pulled permits. Included
in your backup material is a letter from Mr. Michael Listick along
this same line which suggests that consideration be given to
modifying the effective date of the ordinance if the Commission
chooses to adopt it. I recommend that Section 6 of the ordinance
be amended to make the effective date March 1, 1998.
ref:agmemoll
ORDINANCE NO. 44-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J) (1), "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELR3tY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE
FAMILY HOMES WEST OF A1A; AMENDING SECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL
SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK
REQUIREMENT FOR SECOND AND THIRD FLOORS IN CERTAIN
SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND
EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD A1A
FROM THESE CHANGES; AMENDING APPENDIX "A'!,
"DEFINITIONS", TO ADD A DEFINITION FOR "FLOOR AREA
(GROSS)" AND FOR "FLOOR AREA RATIO (FAR)";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1),
"Height", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as set
forth at Exhibit "A" attached hereto and made a part hereof.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as set forth at Exhibit "B" attached hereto and made
a part hereof.
Section 3. That Appendix "A", "Definitions", of the
Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as set forth at Exhibit
"C" attached hereto and made a part hereof.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be
invalid.
Section 6. That this ordinance shall become effective
immediately upon 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. 44-97
Exhibit "A" to Ordinance No. 44-97
(J) Height:
(1) Defined: For all single family detached homes west of A1A height
shall be defined as the vertical distance from grade to the highest finished roof surface
of a fiat roof or the highest point of the roof of a gable, hip. or gambrel roof. For all
other structures, height is defined as the vertical distance from grade to the highest
finished roof surface of a fiat roof or to the mean level between eaves and ridge for
gable, hip, or gambrel roofs. Chimneys. cupolas or other appurtenances on buildings
are limited to a maximum of 5' above the highest part of the proposed structure or the
or the minimum reo. uired by the Standard Building Code, which ever is greater. The
height set forth in the matrix is the maximum height for all structures within the
respective zone district except as provided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-9'1 6/11/91]
Exhibit "C" to Ordinance No. 44-97
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LI~TI¢K & K~A~. P.A.
October 30, 1997 Via Facsimile 243 o 37?4
City Manager
City of Delr&y Beach
Planning & Zoning Department
100 Northwest 1st Avenue
Delray Beach, Florida 33444
RE: Lot 307, Tropic Isle - Proposed Large Home Ordinance
To whom it may concern:
I represent the owner of Lot 307 in Tropic Isle, a point
intracoastal lot. I am told that the contract purchaser is in the
process of completing the design of their new home. I am told that
they have paid for and done such things as soil borings,
engineering and architecture. The new floor area ratio and
setbacks, if adopted, would not allow the buyer to build the
desired oize home, in which case the buyer would have wasted
thousands of dollars and would not purchase the property.
Architectural, structural and piling plans will be completed and
submitted by approximately December 15, 1997, which would require
a 4S-60~ day postponement of the effective date if this new
ordinance is passed on November 4.
I believe the City should delay the effective date for the
buyer to complete the plans and submit ~or a building permit. It
would create a serious financial loss to the Seller and the
contract purchaser if this is a problem. I have also been informed
that the home as designed is approximately 45 FAR, which slightly
exceeds the proposed floor area ratio.
Without commenting on the need for the new ordinance, in the
future, I believe the effective date of the ordimance should be
postponed enough to allow people who have spent money and
plans to submit for building permits. The time and expense of
doing engineering and plans is so time consuming and such an
expensive ordeal that there ig virtually no risk ~hat a Bubstantial
number of people will want to or be able to rush building permit
applications within the next 45-60 days.
I urge the City, if it passes the regulation, to postpone the
effective date.
Very truly yo~r~