11-18-97 Regular DELRA~ BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING AII-Ameri~Ci~
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COMMISSION C~BERS
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 18, 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 November 4, 1997
6. Proclamations:
A. Recognizing the 100th Anniversary of St. Paul A.M.E. Church
7. Presentations:
A. Presentation by Sandra Eriksson of the 1997 Long Drive Contest
Trophy
8. Consent Agenda: City Manager recommends approval.
A. AUTHORIZATION TO APPLY FOR GRANT AND COMMITMENT TO PROVIDE
PARTIAL FUNDING/HISTORIC STRUCTURES SURVEY: Authorize
submission of a grant application to the Florida Department of
State, Division of Historic Resources, for funding in the
amount of $10,000 to conduct a comprehensive survey of historic
structures in the City, and approve the commitment of $5,000 as
half of the local share.
B. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a
funding subsidy in the total amount of $15,422.60 for an
eligible applicant under the Delray Beach Renaissance Program,
with funding in the amount of $8,422.60 from SHIP (118-1924-
554-83.01) and $7,000 from HOME (118-1923-554-83.01).
C. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE:
Ratify the reappointment of David J. Ptak to the Kids and Cops
Committee as the representative from Orchard View Elementary
School for a two year term ending November 30, 1999.
D. RESOLUTION NO. 84-97/EASEMENT ABANDONMENT FOR DELRAY OCEAN
ESTATES NORTH: Adopt a resolution vacating and abandoning a 10
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Regular Commission Meeting
November 18, 1997
ft. utility easement in connection with the development of
Delray Ocean Estates North, based upon positive findings.
E. SERVICE AUTHORIZATION #1.2 FOR BARRIER ISLAND REUSE SYSTEM/
PROFESSIONAL ENGINEERING CONSULTANTS, INC.: Approve Service
Authorization #1.2 in the amount of $9,833.60 with Professional
Engineering Consultants, Inc. for consulting services related
to the Barrier Island Reuse System project, with funding from
441-5181-536-31.90 through budget transfer from 441-5181-536-
63.95.
F. SERVICE AUTHORIZATION #2/ECKLER ENGINEERING, INC.: Approve
Service Authorization #2 in the amount of $22,500 with Eckler
Engineering, Inc. for the preparation of engineering plans and
specifications for the rehabilitation of Lift Stations 16 and
3lA, with funding from 442-5178-536-61.83.
G. RESOLUTION NO. 82-97: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 22 properties
throughout the City.
RESOLUTION NO. 83-97: Adopt a resolution assessing costs for
abatement action required to remove abandoned vehicles from
eight (8) properties located within the City.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period November 3 through November 14, 1997.
J. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and
Hold Harmless Agreement regarding the sale of the canine Olk to
his handler and trainer Officer Louis Brown.
K. FINAL PLAT APPROVAL/NOLAND PLAT: Approve the final boundary
plat for the Noland Plat pursuant to the conditions of site
plan approval for the Noland Company, a wholesale plumbing
distribution center. The subject property contains 2.703 acres
and is zoned MIC (Mixed Industrial and Commercial). It is
located on the east side of Congress Avenue, between Atlantic
Avenue and Lake Ida Road.
L. FINAL PLAT APPROVAL/DARREN'S RIDGE: Approve the final plat for
Darren's Ridge, a proposed eight unit townhouse development
located on the west side of Florida Boulevard, immediately east
of Delray Plaza. The property is zoned RM (Medium Density
Residential) and contains 0.74 acres.
M. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $178,855 to Metron-Farnier
via City of West Palm Beach bid, for 60 large meter
replacement, with funding from 442-5178-536-61.81.
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Regular Commission Meeting
November 18, 1997
2. Bid award through the Community Development Block Grant
Program to South Florida Construction for a housing
rehabilitation project at the Delray Beach Housing
Authority located at 770 S.W. 12th Terrace, in the amount
of $33,000, with funding from 118-1963-554-49.19.
3. Grant award through the State Housing Initiatives Partner-
skip program (SHIP) to South Florida Construction for a
housing rehabilitation project at 826 S.W. 5th Avenue, in
the amount of $21,000, with funding from 118-1924-554-
49.19.
4. Purchase award for Cellular Digital Packet Data connec-
tion; to sole source H.T.E., Inc. as a supplement to the
Software License and Service Agreement, for connection
between the Police Department laptops and the AS400, at a
total cost of $718,116.50; $679,540 from 334-6111-519-
64.29, and $38,576.50 from 001-2113-521-46.20 and
521-46.90.
9. Regular Agenda:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's action to deny a
minor site plan modification request for The Check Cashing
Store located at the southeast corner of Atlantic Avenue and
S.W. 1st Avenue (48 W. Atlantic Avenue). QUASI-JUDICIAL
PROCEEDING
B. FINAL BOUNDARY PLAT/HEGSTROM PROPERTY: Consider approval of
the Hegstrom boundary plat which creates two duplex lots on
property located on the north side of N.E. 22nd Street.
QUASI-JUDICIAL PROCEEDING
C. REQUEST FOR REIMBURSEMENT FROM EPOCH, INC.: Consider approval
of a request from EPOCH, Inc. (Expanding & Preserving Our
Cultural Heritage) for 50% reimbursement ($270.00) of expenses
incurred by board members attending the Florida Historic
Preservation Advisory Council.
D. PROPOSED BILL AUTHORIZING DDA EXPANSION AND ASSOCIATED
AMENDMENTS: Consider approval of the proposed bill authorizing
the expansion of the Downtown Development Authority boundaries
and associated amendments.
10. Public Hearings:
A. 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.
B. 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
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Regular Commission Meeting
November 18, 1997
U.S. Highway #1, north of Denery Lane, south of Royal Palm
Boulevard, and immediately west of and adjacent to the
Intracoastal Waterway. QUASI-JUDICIAL HEARING
C. 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.
QUASI-JUDICIAL HEARING
1. CONDITIONAL USE REQUEST/AUTO AIR OF DELRAY: Consider a
request for conditional use approval to establish a
specialized service shop (Auto Air of Delray) at the
former location of the Silk Garden Outlet on the east side
of Dixie Highway, approximately 170 feet south of La Mat
Avenue. QUASI-JUDICIAL PROCEEDING
D. 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.
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. 51-97: An ordinance amending Section 4.3.4
(J) (1), "Height", and Appendix "A", "Definitions", of the Land
Development Regulations to reduce the maximum height of
residential structures in order to mitigate the effects of
large home construction on adjacent properties and surrounding
neighborhoods in single family zoning districts. If passed, a
public hearing will be scheduled for December 2, 1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION
REGULAR MEETING - NOVEMBER 18, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.E. Resolution No. 81-97 (Water and Sewer Revenue Refunding
Bonds/Series 1997 A): Consider approval of Resolution No.
81-97 authorizing the negotiated sale of Water and Sewer
Revenue Refunding Bonds, Series 1997 A, and providing for
other details.
Also, concerning Item 10.B., Ordinance No. 47-97 (rezoning for a
portion of the Yake property), a request has been received from
Michael Listick, Esq., asking for a postponement of this item. A
copy of his letter is attached.
ref:ADDENDUM
[IT¥DELRFI¥ BER£H
DELRAY BEACH
o . , o ~ 100 NH'. 1st AVENUE · DELRAY BEACH, FLORIDA 33~4 · 407,'243-7003
~lmedca Ci~
1993
WHEREAS, on November 19, 1897, in the small,
unincorporated village of Linton, Florida (now betray Beach),
five families imbued with the spirit of the African Methodist
Episcopal faith joined together for the conception and birth of
an A.M.E. Church to serve the community; and
WllER~AS, Elder J.L. Moore, along with Fagan Henry,
George Hannah, Jessie Cole, George Green, Walter Bellamy and
their families, met in a small packing house with prayer and
determination to build the vision in their hearts for a church;
and
~HERE&S, five years later on September 7, 1902, in
a small frame building built with their own hands and labor,
the Pastor J.A. Livingston held the first board meeting and
presided over the first prayer in their new church; and
~HEREAS, because the original parishioners were
from many different places, it was agreed to name the church
St. PAul A.M.E. in the hope that the church's work would spread
and grow as did the work of St. Paul himself; and
~ER~S, St. Paul A.M.E. Church did indeed prosper
and a larger building was built next to the church's present
site. Although the 1928 Hurricane totally destroyed that
building, neither the hurricane nor the great economic
depression could long hinder the growth of St. Paul A.M.E. and
a new church was soon erected. On May 23, 1947, St. Paul
A.M.E. Church was the site of Delray Beach's first interracial
meeting dealing with political participation, and was
instrumental in 9uidin9 the 19~? Voter Drive; and
WHEREAS, in 1989, St. Paul A.M.E. Church was
designated as a Local Historic Site and has pursued and
completed an a99ressive renovation building program to expand
the youth church and adult bible study program.
~O~ TIIERE~ORE, I, ~A¥ AI~PgR~, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recognize the
ST. ~L A.M.~. ~ltlJRC~ 100Tlt J~NI~r~RSJkR¥
and wholeheartedly wish the members of the congregation the
vision, hope and spirituality needed for the future of their
church and community.
~ ~TR~SS WllER~O~, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of November, 1997.
MAYOR
JAY ALPERIN
SEAL
........ ~::_~_O~,T AL,,,,~,,,S MATTERS ~) ' A'
ST. PA UL A.M.E. CHURCH'S
HERI TA GE
1897- 1996
99 YEARS
PASSPORT TO THE FUTURE
This 15 minutes dramtization of the 99 year history of the St. Paul A.M.E. Church
of Delray Beach was conceived and w~'itten for the Sunday School Delegation to the West
Palm Beach District, South Florida Conference, Sunday School Convention, to be
presented at Payne Chapel A.M.E. Church, West Palm Beach, Florida, on Thursday, June
10, 1980, in the "Local Church Histories" Program, 3:00 - 4:00 p.m., and has been
updated to meet the present day needs.
In keeping with the convention's theme, Our A.M.E. Heritage - A Journey Into
The Past, An Adventure Into The Furure, St Paul A.M.E. Church's Heritage-Passport to
the Future is centered around four memorable episodes in its' history, depicting vital
elements of a viable church program - spiritual birth, building the temple, developing a
strong, invigorating youth program and commiltment to on-going community
development.
The central figure is the voice, portrayed by a sensitively strong youth, who acts
as television newscaster, reporting the unfolding episodes for telecasting. The actors,
chosen from the delegation, are cast in roles of those who have fashioned the glorious
history that is St. Paul's. Some of them are indeed great heirs of the real "makers" of this
history themselves and will be dressed in apparral appropriate for the time when the real
events occurred and are occurring.
It is for the~ youths, as well as for others, who may not fully appreciate the part
played by St. Paul of Delray Beach in the near 200 year saga of the African Methodist
Episcopal Church that this dramatization is written.
Theme: The Voice of St, Paul A.M.E. Church's
Heritage - 1897 - 1996 - 99 :)'ears
Passport To The Future
Episode I Theme: The Founding - November 19, 1897
Scene: Fagan Henry's Packing House, Linton, Florida
Episode II Theme: Christening and Naming of First Church,
September 7, 1902, Linton, Florida
Scene: Board meeting in First Church site
Episode III Theme: Commitment to "Man Our Brother and Youth, 1945
Scene: New Church built after 1928 hurricane
Episode IV - Theme: Commitment to recognition of community service
"Over and Beyond"
Scene: The New, Present Site
Episode V Scene: The Present Expansion Building
Personae Dramatis:
The Voice
Episode I - The Founding
Presiding Elder J. I. Moore
Brother Fagan Henry
Sister Jane Henry, his wife
Brother George H. Green
Brother George Hannah
Brother Jessie Cole
Brother Walter Bellamy
Sister Josie Green
Episode II - Christening and Naming of First Church
Reverend J, A. Livingston
Brother Fagan Henry and All Cast in Episode I
Episode III - Rebuilding the Church and commitment to youth and community
affairs
Reverend L. S. Johnson
Sister Athalone Hogins
Episode IV - Commitment to and recognition of community service
Reverend J. D. Edwards
Sister Alyce Hart
Episode V - The Charge to Keep
The Voice
3
St. Paul A.M.E. Church's Heritage
1897 -1996 - 99 Years
Passport To The Future
Episode I
The Voice:
This is the voice of St. Paul A.M.E. Church, bringing to you in dramatic form five most
memorable episodes in the 99 year history of this, our great church, which are a part of
our glorious past and are our passport to an even more glorious future. The panoramic
log, which you will follow with the same zeal and fervor with which we - fifth generation
African Methodists ourselves - have in preparing and presenting it to you. For our
history tells us so much; it is so enduring, so filled with passion, with dedication, with
trials and tribulations, and with vision, hope, adventure, spirituality and with hard work.
From it we youth of today are inspired. But, I do not want to keep you waiting too long.
Join me, if you will, at the scene of our birth in the unincorporated village of Linton, now
called Delray Beach, when five families, imbued with the spirit and zeal of Richard
Allen, who 110 years earlier founded A.M.E. Church, decided that they wanted an
A.M.E. Church in that small but spiritually starved community. Come with me to a
small packing house, located on what is now called Dr. Martin Luther King Drive, and
owned by Fagan and Jane Henry. It was the third Sunday in November - the 19th to be
specific, in the year 1897. Four other families were in attendance - all with a background
of African Methodism from West Florida, Georgia and the Bahama Islands. They t~
asked, presiding Elder J. L. Moore to join them in this eventful mission. It was a
packinghouse, but ..where God's people are so is God. Come in Fagan Henry, George
Hannah, Jessie Cole, George Green and Walter Bellamy. Presiding Elder Moore is here.
Bring your wives and the children with you. God's work is for everyone.
(Enter the delegates, representing the families; Presiding Elder More, who is
already standing in the packinghouse, speaks first).
4
Presiding Elder Moore:
Let us pray. Oh God, we pray that thou would come into our efforts as we attempt to fro6
a church that will carry on thy worki in our hearts and in this community throughout the
ages.
Though we are few in number, grant us, oh God, the resolve and determination to build
and the vision to always keep our hearts and minds stayed on thee. Amen.q
Fagan Henry:
What name shall we call our church? While you are free to continue meeting here, you
la, ow that the season is approaching and my packing-house will be filled up.
Jessie Cole:
Let's call it Mt. Tabor. I believe St. Mark Chapter 9, Verse 2 says it well. (Reading
from an old bible, he continues). "Jesus taketh with him Peter and James and John and
leadeth them up into an high mountain apart by themselves; and he was transfigured
before them."
George Green:
Walter and I have talked with the deacons and pastor of Mt. Olive, the Baptist Church
organized last year and they have agreed to let us share their Church on alternate
Sundays. We will purchase Lot~,Deed 66, October 13, 1899 from the Model Land
Company. This Lot was sold to Masonic Order 275, the oldest in the County.
George Hannah:
1 ' ~r~z
I think I know where we can purchase a ot ~ 'Green s place and in a few years we can
build our own church. The other Trustees are Moses Baker, and Jessie Cole.
(The groups leave'quickly and returns when the voice describes the next episode).
Episode II:
The Voice:
Five years later, September 7, 1902, when the Reverend J. A. Livington was pastor~
~, Trustees ~ George H. Green, George Hannah, Jessie Coles ~ lot was
purchased and a small frame building was buil~ Join us at the first Board meeting in our
new church. Will the heir:~g stand in this our first prayer in our new Church.
(Enter some of the cast in the First Episode, where you find Rev. Livingston leading
them in prayer in the new building, where it will be renamed St. Paul).
Reverend Livingston:
Oh, God, thou has blessed us with this new house, buil~l'with our own hands, where we
more dutifully carry on thy work. Amen.
Fagan Henry:
Because our membership numbers man3' from so many places, and because we have a
new building, I move that we give our Church a new name, also St. Paul, with prayers
and hopes that our work will spread and grow as did the work of St. Paul himself.
All: St. Paul, Oh St. Paul - spreading the work of God throughout this community.
(The group quickly leaves the scene).
Episode III;
The Voice:
St. Paul did prosper. The Reverend W.H.A. Pickett purchased another lot, it was almost
given by Brother George Green, and constructed a larger building next to our present site.
Neither the 1928 hurricane which totally destroyed the building, nor the economic
depression could long hinder the growth of St. Paul. And, under the Reverend J. W.
Weston, a new building was erected, in which two of the most historic events in Delray
Beach were to take place. Join us in the church's credo - God ou~,Christ, our Redeemer,
and ~ §ur l~rother" when it was put into fulPin Delray Beach, It was May 23, 1947,
when the first Inter-racial meeting dealing with political participation. One of the
. eq~'uo now'f~ Superintendent
speakers was a young high school semor, a retired teacher,
of our Sunday School and public School teacher, spoke on "Is There a Political
Responsibility for the Youth." Come in Athalone, along with our Pastor, L. S. Johnson,
and give us a part of your statement, which symbolizes the obligation of youth today in
community affairs through the church.
6
Sister Athalone Hogins:
The youth, especially the Negro youth, has one of the greatest responsibilities imaginable.
We as youth and you our parents cmmot sit down and supinely bemoa~he evils in our
communityt ~tate and national govenm~ents by glibly casting lip condemnation of what
has been or is. The only effective protest in a representative government is intelligent and
active participation - Voting.
(The actor quickly leave, as Reverend Edwards and Mrs. Alyce Hart and her
committee on Community Involvement assemble in the newly renovated church in
1958).
The Voice:
"Come all ye that labor and are in love with your fellow men. This newly renovated
church is God's house, not only your your kith and kin" was the underlying theme the
Reverend J. D. Edwards, who shepherded St. Paul for over two decades, instituting in
1955 a community wide recognition program - The Annual Organizational Tea - which
yearly honors citizens and organizations for outstanding community service over and
O~
beyond. They are placed in the St. Paul Galaxy of Honorees. Let us listen int-the meeting
of the Reverend J. D. Edwards with Chair Lady Alyce Hart and the Community Action
Committee:
Reverend J. D. Edwards:
Chair Lady Hart and fellow committee members, we are to be guided by the principle that
true Christian stewardship transcends the narrow confines of sectarianism; when we serve
our fellow men - all of our fellow men, we are truly serving God.
Sister Hart:
That is exactly what the Annual Organization Tea is all about, Reverend Edwards. Here
is how our committee has come up with our guiding principles: "St. Paul A.M.E.
Church. in recognition of service over and beyond the call of duty to and for our
community, joins our community in this tribute to you and is honored to place your name
in the St, Paul Galaxy of Honorees.
FINALE - THE CHARGE TO KEEP
(The entire cast assembles, along with the Voice, ~vho speaks this part with poetic
feeling an'~! fi'om memory. After the voice finishes, all take a bow in unison and
depart).
Episode V
The Voice:
Spiritual and administrative ~ guidance have been provided by some 20
minister, each in his own*leaving resounding echoes and indelible imprints of
service to the membership and to the community. And we dare not Forget Them,
Ever. May we all stand in historical respect as we Call The Roll: Presiding Elder
J. L. Moore, Reverend J. A. Livingston, W.H.A. Pickett, J. W. Weston, L. S.
Johnson, (who served twice), C. J. Jenkins, J. D. Small, J.~. Thompson, Wm
Williams, J. D. Edwards, (who sen'ed over m'o decades), James Grisby, Le~wis
Myers, George L. Champion, Allen Orr, Hector Smith, (our present leader).
Ninety-nine years - from November 19, 1897 to Nov. 17, 1996 - are but a moment
in God's infinite plan. The same zeal, enthusiasm and spiritual insight that began
in the Fagan HenD'Packinghouse are still with us. The challenges met then and
those of the 1990's are but opportunities for an even greater service under spiritual
and masterful leadership of our Pastor, Reverend Hector Smith, through prayer,
evangelism, Christian devotion, human welfare, ~ mission and Christian
community social action - all of which spring from the seeds planted November
19, 1897.
Dare we remember these historical events beginning with the Packinghouse
Conception and Birth; the christening and naming to St. Paul in 1902 under J. A.
Lix;ingston; the first building expansion program under W.H.A. Pickett, the~
building program following the 1928 hurricane under J. W. Weston; the
commitment to political involvement during the 1947 Voter Drive under L. S.
Johnson; the Organizational Tea Recognition of outstanding Citizens of the Year
1957 under J.. D. Edwards; initiation of the Expansion - Rebuilding program under
8
Lewis Myers; St. Paul Church awarded Historic Site Designation 1989 under Allen
Orr; and completion of the Renovation Building Program expanding youth church
and adult bible study program under Pastor Hector Smith.
(This must be learned and spoken with deepest feeling, members are asked to
stand). Down through the decades, St. Paul African Methodist Episcopal Church
has beenjis now and will continue to,~a towenng influence, so long as we listen to
and follow the echoes from our glorious past; but we must do more than listen, We
Must Act On Our National Motto - "God Our Father, Christ Our Redeemer
And Man Our Brother, this is reporting.
Memorandum
Delray Beach Golf Club nog ! ~ ~
2200 Highland Avenue
Delray Beach, FL 33445
Phone: 561.245-7380 Fax: 561.243-7386
DATE: November 7, 1997
TO' D. Harden, City Manager
FROM: Sandra Eriksson
RE: Commissioner's Meeting, November 18,
1997
cc: B. Dubin
We have the Commissioner's trophy engraved with the 1997 winner. As you may recall
the Long Drive Contest was held in conjunction with the Chamber of Commerce golf
tournament.
David Randolph was this year's winner and we would like to present it to him with due
hazing!
We would like to have this appear on the November 18th agenda and at the beginning of
the session, if protocol will permit.
Please advise. Thank you.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/1
SUBJECT: AGENDA ITEM # ~' /~' - MEETING OF NOVEMBER 18, 1997
APPLICATION FOR GRANT FUNDING AND FUNDING ASSISTANCE TO
CONDUCT THE HISTORIC STRUCTURES SURVEY
DATE: NOVEMBER 14, 1997
This zs before the Commission to authorize submission of a grant
application to the Florida Department of State, Historic
Resources Division for the Comprehensive Historic Structures
Survey and approve the commitment of $5,000 as half the local
share. The Community Redevelopment Agency will also fund $5,000.
Staff has already identified 198 structures over 50 years of age.
Documenting these properties will be the first priority. It is
estimated that an additional 200 structures have yet to be
identified; approximately 100 of which are in minority neighbor-
hoods. Funding will be requested to complete Florida Master Site
File survey forms for the historic inventory in the City, in a
target area which is bounded by 1-95 on the west, the Atlantic
Ocean on the east, the City limits on the north, and 10th Street
on the south.
The project goal is to produce historic structure documentation
which will allow the City to be responsive to neighborhood
associations which have expressed a desire to become historic
districts, and to individual homeowners who wish to have their
properties listed in our Local Register for the historic status
and protection conferred, and to participate in the tax abatement
programs available from the City and Palm Beach County.
Recommend authorizing application to the Florida Department of
State, Division of Historic Resources for funding assistance, and
approving commitment of $5,000 as half of the local share to
conduct a survey of historic structures in the City.
TO: DAVID T. HARDEN, CITY MANGER
FROM: J'~OH N W~AL~OJ ECT COORDINATOR
SUBJECT: MEETING OF NOVEMBER 18, 1997
AUTHORIZATION TO APPLY FOR GRANT FUNDING AND
COMMITMENT TO PROVIDE FUNDING FOR THE DELRAY BEACH
HISTORIC STRUCTURES SURVEY** CONSENT AGENDA **
The action requested of the City Commission is that of authorizing an application to the
Florida Department of State, Division of Historic Resources, for funding assistance to
conduct a comprehensive survey of historic structures in the City, and approving the
commitment of $5,000 as half of the local share of funding for the Delray Beach
Comprehensive Historic Structures Survey.
The staff of the Planning and Zoning Department is preparing an application to the
Florida Department of State, Division of Historic Resources, for funding assistance to
conduct a comprehensive survey of historic structures in the City. The total project cost
is estimated at $20,000. The grant application will request $10,000 in State funding,
which is 50% of the total cost. The other 50% will be a local match, with $5,000 from the
CRA and $5,000 from the City. Project tasks will be done by a consultant, selected by
competitive bid.
The project will produce a comprehensive survey of historic structures within the City.
We have already identified 198 structures over 50 years of age, for which Florida Master
Site File forms have not been compiled. The identified properties are located in five
subdivisions whose platting dates range from 1913 to 1937; documenting these will be
our first priority. We estimate that an additional 200 structures have yet to be identified,
approximately 100 of which are in minority neighborhoods. Funding will be requested to
complete Florida Master Site File survey forms for the historic inventory in the City, in a
target area which is bounded by 1-95 on the west; the Atlantic Ocean on the east; the
City limits on the north; and 10th Street on the south.
The project goal is to produce historic structure documentation which will allow us to be
responsive, in a timely manner, to neighborhood associations which have expressed a
CiTY COMMISSION DOCUMENTATION
AUTHORIZATION TO APPLY FOR GRANT FUNDING AND COMMITMENT TO PROVIDE FUNDING FOR THE DELRAY BEACH
HISTORIC STRUCTURES SURVEY
PAGE
2
desire to become historic districts, and to individual home owners who wish to have their
properties listed in our Local Register for the historic status and protection conferred,
and to be eligible to participate in the Tax Abatement program which is available from the
City and County.
Threats to historical structures in the area include demolition and replacement by new
construction, in wealthier portions of the survey area, such as the beach area, this threat
is due to rapidly escalating property values. In other, economically challenged parts of
the survey area, the same threat of demolition and replacement is due to neglect and
reduction in the value of housing, making these sites candidates for inappropriate infill
housing.
Much of the survey area comprises the City's historic minority neighborhoods. Historic
structures in these areas are eligible to access the tax abatement advantage to preserve
and improve the structures. This will allow owners to stay in homes which are often paid
for, reducing housing costs; and to stay in settled, stable neighborhoods close to
employment and shopping opportunities, thus reducing transportation costs.
There is a growing market for historic housing, with its tax abatement advantage.
Preservation and improvement of historic housing can form a base to maintain a stable
neighborhood, and to redevelop and renovate a transitional neighborhood. The
availability of a comprehensive survey of properties eligible for listing in the Local
Register of Historic Places will provide current and prospective owners information
needed to invest in historic housing with some assurance that the investment will be
protected by the preservation of the neighborhood.
The project is consistent with and furthers the Comprehensive Plan, including policies
calling for neighborhood surveys to identify and evaluate potential historic resources, and
the use of historic housing designation as a revitalization tool. In addition, the project will
provide valuable baseline information to implement the Comprehensive Plan and the
Community Redevelopment Plan.
By motion, authorize an application to the Flodda Department of State, Division of
Historic Resources, for funding assistance to conduct a comprehensive survey of historic
structures in the City, and approve the commitment of $5,000 as half of the local share of
funding for the Delray Beach Comprehensive Historic Structures Survey.
S:\adv\history6
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Directo~ j(]"~
Simon, Acting Community Development Coordinator'~/~
From:
Michael
Date: November 10, 1997
Subject: Delray Beach Renaissance Program Subsidy Recipient
ITEM BEFORE ~ 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 Dekay 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 aH partners.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community
Financing Consortium, Inc., the Renaissance Programs parmer and first mortgage lender. The seminar
includes training and information on finandal 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 mounts 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 6, Block 3, Rosemont Park / $17,122.60
AGENDA REQUEST
Request to be placed on: Date: November 10, 1997
~ Regular Agenda
~ Special Agenda
~ Workshop Agenda
xxxx Consent Agenda When: November 18, 1997
Description of item:
Authorization and approval to issue subsidy, to one eligible applicant under the Delray
Beach Renaissance Program totaling $15,422.60
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy award. Funds are to be awarded from the Home
Investment Partnership Program and State Housing Initiatives Partnership Program
(SHIP) dollars.
HOME total $ 7,000.00 Account # 118-1923-554-83.01
SHIP total $ 8,422.60 Account # 118-1924-554-83.~1~
Department Head S~gnature. ~/~ ( ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
.
Funding Available' /NO
Funding Alternatives: ~qq~ b~¢~o. ~od~ ~ I'~{ i, qz.~_ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda:~/NO ~-~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
a:~a~amtm~ 1 ~.~:dbgrant~agenform. doe
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION yes CENSUS TRACT 67
NAME Sefalia Alcius
PROPERTY ADDRESS 623 SW 6th Ave. , Delra_v Beach
LEGAL DESCRPTION Lot 6, Block 3, Rosemont Park
Plat Book 13 , Page 60
% OF AREA MEDIAN HOUSEHOLD INCOME 60 # IN HOUSEHOLD 5__
COST OF HOUSE $83,750 COST OF LOT $ 9,000 CLOSING COSTS $5,843.
TOTAL TRANSACTION $ 98,715,60
PROJECT/SUBSIDY BREAKDOWN '
FIRST MORTGAGE $ 75,000,00 CFC B0nk
RATE 7,50 %
LTV 80,1%
SECOND MORTGAGE $ 8,422.60 (3i0J of Delray, SI-lIP
$ 7,000.00 City of Delra.v. HOME
$ CRA of Delray
$ 1,700,00 Housing Authority.
THIRD MORTGAGE $ 3,000,00 Federal Home Loan Bank
GRANT $. HTF "A"
CITY PERMIT FEES WAVIED $ 1,080,00
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 100.00
Paid at dosing $ 2108.00
TOTAL TRANSACTION $98.715.60
sw- '"'i
ROSE ~tON'F :PAF K
TRACT
SW 7~h ST
}ELRAY BEACH
~ETERY (24-77)
"' SW
~ o~ OF
KS 12 thru 16
T 19 thru
'1 DE LRAY
CEUETERY SW 8th CT
,-zog} (28 -
( SPOFFORD ST) SW
ELRAY BEACH 1'~5 DE LIt f ' ~IA D(). ~ 5~, ) ~ t I
ORIAL GARDENS I~,e - ~
,.'~
EL£MENFARY :
CF sc. oot
~'I
TRACT ~ (1~, 65)'
-.--SW --'- I Ith ST ~ "" ~' '
? ~.~, .'1 ii. D a FALL RIDGE OF
DELRA¥ CONDO.
ROVES OF DELRAY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~.~2 REGULAR MEETING OF NOVEMBER 18, 1997
RATIFICATION OF APPOINTMENT TO KIDS AND COPS COMMITTEE
DATE: NOVEMBER 12, 1997
David J. Ptak was appointed to the Kids and Cops Committee as the
representative from Orchard View Elementary School in November,
1995, for a two year term. His term will expire on November 30,
1997.
Mr. Ptak is eligible for reappointment and wishes to continue
serving as the Orchard View Elementary School representative.
The term is for two years, ending November 30, 1999. Attendance
records are attached.
Recommend ratification of the reappointment of David J. Ptak to
the Kids and Cops Committee as the representative from Orchard
View Elementary School for a two year term ending November 30,
1999.
ref:agmemo5
KIDS AND COPS
1997
Jan Feb l/ar Apr Nay Jun Jul Aug Sep 0cl: Nov Dec
~ ~0
David J. Ptak P P A p p p ~[ rINGS p p
Jennifer Buce (appnt 4 '97) P P P p p
Jeffrey Messer (appnt ~/97) P P P P P
Edward Smith P P P P A A P P
Donald Samis 'P P P A P P P A
(rea
William J. Fay, Jr. P P P A A A 8/ ]~) P A
Kara Kenney (appnt 2/9)) P p P p p p P
KIDS AND COPS
1996
Jan Feb Flar~ Apr May Jun Jul Aug Sep Oct Nov Dec
Mary R. Caglioni (appnt 10/96) P P A
Yvonne Odom P/A P A P A A P A A
Dorothy Reilly (appnt 10/96) P A P
David J. Ptak P/A A P P P P P A P
Joe Dragon A/A ~ P P A A P A P P
Sean Anderson P/P · P p p p p p p p
~ m
~ O ~
Edward Smith P/A · P P A A ~ ~ P A A P
Donald Samis A/A P A P A ~ P P A P
William J. ~5tJt796 P P m A P p p p p
KIDS AND COPS 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Nancy Gross Kaylor p p p p p p P P A
Sean Anderson (appnt ii /95) P
Mar~ Rollins Pilgrim Ex P A A P A P P A
David Ptak (appn~ 11/9: ) NO p p
Perry DonFrancisco P Ex p p p M~ ETING.C A P P A
Joe Dragon P Ex P P A P P P P
Edward Smith A P P P P P P A P
Yvonne Odom P P P A A P A P P
Donald Samis P A A P P P A P P
CITY OF DELRAY BF~CH
BOARD HF~MBER APPLICATION
HO~ ~D~SS (S~ree~, City, ~i~Code) ~SIDENC~
PRINCIP~ BUSINESS ~D~SS (StrWet, City, Zip Code)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVI~ (Please include date~)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE ,o~ PRESENT. OR ,OST RECENT ~.OYER, ~ FOSITION O¢~A~ q
PLEASE ATTACH A BRIEF RESUHE.--- (~ ~-h~
I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS ARE TRUE, AND I AGREE AND
UNDERSTAND TRAT ANY HISSTATEHENT OF HATERIAL FACTS CONTAINED IN THIS APPLICA-
TION NAY CAUSE FORFEITURE UPON PrY PART OF ANY APPOINTHENT I HAY RECEIVE.
SIG~RE
4/90
DAVID JAMES PTAK
aS17 Palm Ridge Blvd.
Delray Beach, FL 3344S
(407) 496-1779
PERSONAL: I have been a resident of Palm Beach County for
nine years. I am thirty-three years old, married,
and have three small children ages one to five years
EDUCATION: CALIFORNIA UNIVERSITY OF PENNSYLVANIA; California,
1981 - 1986 Pennsylvania. Graduated May 1986 with B.S. in
Elementary Education. Grade Point Average: 3.21,
Dean's List three semesters.
INTERNSHIP: CENTRAL ELEMENTARY SCHOOL; Fayette City, PA.
1/86 - S/86 Third grade regular classroom for eight weeks.
Fourth, fifth, and sixth grade science eight weeks.
CERTIFICATION: State of Florida - Elementary
EMPLOYMENT: PINE GROVE ELEMENTARY SCHOOL; Delray Beach, FL
8/86 to Taught in a regular classroom setting in the
present following grade levels: Fourth-four years, Third-
two yeats, Fifth - three years. Activities/
Committees include: Grade Level Chairperson - two
years, SAC Committee - two years, IIT Committee -
two years, Safety Patrol Sponsor - four years,
Flag Football Coach - two years, Faculty Committee -
six years, Safety Committee - three years, Student
Council Sponsor - two years, Children are People
Support Group Facilitator - three years, Science
Fair Coordinator - two years, Science Contact Person
- two years, CTA Building Representative - six years
Washington Trip Chaperon - three years, Florida Folk
Arts Contact Person - two years.
8/95 to present DRCHARDW VIEW COMMUNITY ELEMENTARY SCHOOL; Delray
Beach, FL Fifth grade."inclusion" teacher
Special
Training: F.P.M.S. for use as & "peer" teacher, AIMS summer
institute, Conflict Resolution (faculty rep.)
Success for All reading program, ILS computer
training, plus a multitude of other workshops.
REFERENCES: Available upon request '
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~/1
SUBJECT: AGENDA ITEM ~ ~D- REGULAR MEETING OF NOVEMBER 18, 1997
RESOLUTION NO. 84-97 (EASEMENT ABANDONMENT FOR DELRAY
OCEAN ESTATES NORTH)
DATE: NOVEMBER 13, 1997
Resolution No. 84-97 abandons a 10 foot utility easement that
runs north/south through the property proposed to be developed as
a five unit single family subdivision platted as Delray Ocean
Estates North. The property is located on the south side of
Harbor Court, between North Ocean Boulevard (A1A) and Andrews
Avenue. The City Commission approved the final plat for the
project on August 19, 1997.
The easement to be abandoned was granted to the City in 1965 to
accommodate the installation and maintenance of utility pipes.
There are no existing utilities within the easement. Pursuant to
the requirements of LDR Section 2.4.6(P), the City Engineer has
reviewed the proposed abandonment and has forwarded a
recommendation of approval, based upon positive findings, to the
City Commission.
Recommend approval of Resolution No. 84-97, based upon positive
findings pursuant to Section 2.4.6(P) of the Land Development
Regulations.
ref:agmemo8
RESOLUTION NO. 84-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN FOOT UTILITY EASEMENT AS SHOWN ON THE PLAT OF
PALM BEACH SHORE ACRES RECORDED IN PLAT BOOK 7 AT
PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a 10 foot north/south utility easement
as shown on the Plat of Palm Beach Shore Acres, as more particularly
described herein, said property being located on the south side of
Harbor Court, between North Ocean Boulevard (State Road A1A) and
Andrews Avenue; and
WHEREAS, said application for abandonment of a utility
easement was processed pursuant to Section 2.4.6(P), "Abandonment of
Public Easements", of the Land Development Regulations of the City of
Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City
Engineer has forwarded the application to the City Commission with
the recommendation that the abandonment be approved, based upon
positive findings; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the
abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, that its
interest in the described property is no longer needed for the public
good and deems it to be in the best interest of the City of Delray
Beach to vacate and abandon said utility easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property, more particularly described as follows:
The East ten (10) feet of the West 230 feet of the
following described property:
Lots 6 and 7, Block E, Palm Beach Shore Acres, as
recorded in Plat Book 7, Page 38 of the Public
Records of Palm Beach County, Florida, less the
West 200 feet.
PASSED AND ADOPTED in regular session on this the 18th day
of November, 1997. ~A~O R~.~'
ATTEST:
~City Cl~rk
- 2 Res. No. 84-97
ANDREWS AVENUE
-~~ WEST LINE OF
/LOTS 6 AND 7
~ o
o
z
m
m o z
;~ NOO'O3'47"W j 200.00m
~, SOO'O3'47"E ~J S 200.00'
E o m
z m ~
m
OCEAN BOULEVARD
STATE ROAD A-1-A
(STATE or F.LORIDA R.O.W. MAP - SEC. 93060-2531)
(60'RIGHT-OF'-WAY) SHEET 1 OF 2
J IC~~ ~1~ ~ REVISIONS DAT[ aY OAT[ 11/10/97 ·
l I~7~ Con.ulting £ngineere- Lond Planner. - Surveyor.I SCA!.[ AS SHOWN
I ~'I,~,~' 7301A Welt Palmetto Pork Road - Suite I~A / DEN.BY DPL
FLDBK. N/A
~A~ N/A
~LOTS 5 AND 6, BLOCK EPALM BEACH SHORE ACRES~ ~ No. 3936
DESCRIPTION k
EASEMENT ABANDONMENT SKETCH OF ow6 3736ARAN
NOTES:
1. Reproductions of this sketch ore not valid unless sealed with an embossed surveyor's
seal.
Lends shown hereon are not abstracted for Rights-of-Way. Easements, Ownership, or
other Instruments of Record.
Bearings shown hereon ore relative to assumed datum
4. The "LAND DESCRIPTION" hereon was provided by the client.
5. Dote shown hereon was compiled from the instruments of record end does not constitute
a field survey as such.
DESCRIPTION
THE EAST TEN (10) FEET OF' THE WEST 250 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS 6 AND 7, BLOCK E, PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE 58 OF
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, LESS THE WEST 200 FEET.
Said lands situate in the City of Delray Beach,Palm Beach County, F'loride.
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record.
CERTIFICATE:
t hereby certify that the attached SKETCH OF DESCRiPTiON of the hereon described property
is true end correct to the best of my knowledge end belief as prepored under my direction
on November 10, 1997. I further certify that this SKETCH OF DESCRiPTiON meets the
Minimum Technical Standards set forth in Chapter 61G17-6 adopted ~.~b~EIo~d of
Surveyors end Moppers, pursuant to Florida Statutes 472.027.
David P. Lindley, P.~.S[
Reg. Lend Surveyor #5005
State of Florida
LB 5591
SHEET 2 OF 2
Cal[~ ilk: ~dtJJBJJ[,J~ R£VlSlON$ DATE
I ~~~ ~U~ ~gNerl- ~nd P~nnerl - ~eyorl J '" ~ AS SHO~
l ~J~ 7~1A WI8t Per--rte Po~ R~d - SuRe t~ B B ORN.BY DPL
/TM ~ Rot., ~ 33433 (56l) - 392-199l IJ ~O.aY DPL
, ' PA~ N/A
~LOTS 5 AND 6, BL~K [PALM BEACH ~ORE ACRES~
~[ASEMFN1 ADANDONMENT SK/TCli OF DESCRIPTION
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
I II I I
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer
DATE: 12-Nov-97
SUBJECT: Easement Abandonment
Delray Ocean Estates North
The attached agenda item is for the abandonment of a ten foot (10') utility easement that runs
north-south across the subject property. This easement was granted exclusively to the City.
The City has no existing utilities within the subject easement.
I am requesting that this item be added to the 18 Nov 1997 Commission meeting agenda for
approval.
Thanks!
enc
cc Richard Hasko, P.E., Acting Director of Environmental Services
Howard Wight, Deputy Director Construction
City Manager File
s : L . . Vette rs ~rlMcitymgr~ocnestO l. mern
_ ~ %~~ ~md. thXm 2M day og ~ .. +
1~, be~ee~ ~.~t* or ~r re~-~;-P~e ' ·
leeon~ parc ~
in coneLde~at~o~ e~ the ~ of ~e ~118~ ~ o~e~ vaA~le cofla~-
deretAonl to ~t An hand pi/d by ~e mead par~y of ~ eae~4 pur~,
the recetp~ vhereoC Am hereby ae~Zedgid, ~em breby ~ ~d
· ua~ eaf~ent ~o= ~e AnetaXlaClo~ O~ 4~e~ ~ol/eggJ~ eyf~ pAp~
· hrough the Zoll~ing deacribed property An ~a~ Bench ~unty,
Tho ~:o.qt ten (lO) £eec o£ c~e Wait 2~0 £ee~ o£ [he ~oZlow~n¢
described property:
Lots (, and 7, black E, Ps~ ~.c), ~hore Acref, es rac~d~ iff
I'U 7-38, Less the ~eot 2~ feet
Xt Aw underm~d ~hat upon c~ple~on ofeuch Anltalletion, all %anda
thereon, v~ll be teetered to theA~ stAg[niL condLLton or be~ter~.
waid~
Signed, sealed and delAvefad ES~ATG OF NAI~RR'~*'~ PR%C:'e
-'" ) .... . r" -_d~ · . ~,. , ' ' xecutoe
..- ~ , _ / ' ' ......... V
, ~ / atla~tt~ ~t/on&l ~nk
(' . · , /, ~,. _';~" ':v, u~./~&~'~/
,/ ..' ... ,)~,: ·
v . ~;; . . .,,..:, ,. . ~ ~
( ,' . .'L~ · ,. ,-..: . .;
STA~OF~Z~ .) '>.~ · .} .... ~ .'
lilt,.,.,.-,-,
~: ,6., , · *. ,_,_ . · :,. ,~/ .
COUNTY OF G4VXDSOff } ..... ~..
Rd,l, A. ~tce. Jo.. , the bArg&t~r. ,Lth.who~ I au ~r-
. ~2...,. · .'Tt"'..
~-: '-,,: ;.'':
· .': '-,~ I ' "'~"i.'
.... ;.... ,. :~.....,./
' .~t~.'.'J~ '
. TOI"AL P,03
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '
SUBJECT: AGENDA ITEM # ~'F - MEETING OF NOVEMBER 18, 1997
SERVICE AUTHORIZATION #1.2 FOR BARRIER ISLAND REUSE
SYSTEM/PROFESSIONAL ENGINEERING CONSULTANTS, INC.
DATE: NOVEMBER 14, 1997
This is before the Commission to consider Service Authorization
No. 1.2 in the amount of $9,833.60 to Professional Engineering
Consultants, Inc. for consulting services related to the Barrier
Island Reuse Project.
This service authorization includes review and evaluation of
staff's proposal for location of a reuse facility west of the
Intracoastal Waterway, and a proposal to treat 100 percent of
South Central Regional Wastewater Treatment and Disposal Plant's
discharge to reuse effluent standards.
Recommend approval of Service Authorization No. 1.2 to Profes-
sional Engineering Consultants, Inc. Funding is available from
Other Professional Services (Account No. 441-5181-536-31.90)
through budget transfer from SCRWTD Reuse (Account No. 441-5181-
536-63.95).
Agenda Item No. ~'
AGENDA REQUEST
Date: 11/11/97
Request to be placed on:
Workshop Agenda When: 11/18/97
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization #1.2 for Professional Engineering Consultants, Inc. in the amount of $9,833.60 for
supplementary consulting services regarding the Barrier Island Reuse Project (PN 95-043). Services
include verification of costs for staWs proposal for alternate facility location and evaluation of a proposal
to treat 100% of South Central Regional Wastewater Treatment and Disposal Plant's discharge to reuse
effluent standards. Funding is from Connection Fees, Account #441-5181-536-31.90, Other Professional
Services (budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization #1.2 for Professional Engineering
Consultants, Inc.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
,~_.) Funding availabl~'~O
Funding alternativ'~%'~ (if applicable)
City Manager Review: A ppro ved/oO~;guen~i~.a: E~ 0 ~'~t
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Acting Director of Environmental Services
SUBJECT: BARRIER ISLAND REUSE SYSTEM - PROJECT #95-043
DATE: November 11, 1997
Attached is a copy of Service Authorization #1.2 for Professional Engineering Consultants, Inc., in the
amount of $9,833.60 for provision of supplementary consulting services in conjunction with the subject
project as directed by Commission at the October 28, 1997, workshop meeting. Scope of service includes
review and evaluation of staWs proposal for location of a Reuse Facility west of the Intracoastal Waterway
for verification of costs, and design basis. Also included is an evaluation of a proposal to treat 100% of
South Central Regional Wastewater Treatment and Disposal Plant's discharge to reuse quality effluent in
terms of cost efficiency.
Funding for this contract is from Connection Fees Account #441-5181-536-31.90, Other Professional
Services (budget transfer attached).
Please place this item on the November 18 agenda for consideration by the City Commission
RCH:cl
cc: Howard Wight
11/10/97 11:51 '~1 40? 849 9402 PEC 2 ~004/004
ATTACHMENT A
MANHOUR ESTIMATES FOR - - CITY OF OELRAY BEACH
BARRIER ISLAND REUSE SYSTEM
h 6Y~TEM ~ALUATION I
--A. Me~ Wit~ GEy ~aff to dlsouss ~e pm~se~ proje~ an~ s~pe of 0 8 8 0 0 0 0
sewi~ r~uJted to evaluate ~e Ba~er Island Reuse Sy~em as
pm~ by ~e C~ ~ Delmy Bea~,
B. Revie~ the C~'s estima~ ~ru~ion ~ ~'f t~e pm~s~ 0 6 4 0 4 0 '0 14
:Reu~ Tm~e~omge Sy~em to be lo.ted at 3~ Street and
~ Avenue.
C. Revie~ the C~y e~imat~ pipe Sizing and the'~n~m~ion ~ 0 3 3 0 4 0 0 ~ 10
~e~imMe for ~e mainla~ and Intm~amai reuse
I
~am.
D. Review the C~y e~imated pi~ s~zing and conmm~ion c~ for the "0 5
rede d~db~ion ~em on the ~er island.
E. EValuate po~ible pipeline ~ m~u~on WEb the ue~ 0f ~' 8 0 2'" 4 0 0' 14
su~ame a~om~c ~l valves. Valves ~uld re~d~ i~gat~on
use wi~in ea~ subarea to sp~flc houm of the eve~ing ~using
deman~ to be dibbled evenly over ~e entil'e se~t~ ama
~emby ~ucing ~ak fl~ deman~ and ~ucing pipeline and
~pump size.
F. :Provide eomme~s to the July '1~',"1996 ~.C.R.W,T.D.B. minutes 0 10 0 0
~a~ing the ba~er island muse ~em cost, Io~tion and
'opemtion.
G."' Provide a ~ffen le~et mpo~ summarizing the findings o~he 0 8 0 18'" 0 0 8J 32
above ~sk d~iptions.
/
11/10/97 11:51 91 407 849 9402 PEC 2 ~002/004
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DEl, RAY BRACH
CONSULTINg, ~ERVICE AUTHORIZATION NO, 1.2
DATE;; ....
SERVICE AUTHORIZATION NO. ~ :- 2 ,FOR CONSULTING SERVICES
Cl~ P.O. NO. CiTY EXPENSI~ CODE
P~.O~T NO.;
CrrY OF DR'X.RAY BEACH PEC I~R-I~
TITLE: BARRIER ISLAND REUSE SYSTEM STUDY- EVALUATION OF CITY'S PROGRAM
This service au~h~ 'nzafiom wl~n execated, shall be h~corporated in and shall become an integral part of
Con~aet, da~ed ~ta~ ~,,~ ~5 ~ by and between flae Ci~ of Dekay Beach and PEC.
Additional invastiltatlon and review of the ltarrler Island Reuse 19ys~m Proem u presented by the City
Delray Beach ~d as detailed in he attached Scope of Services and Manhour Estimams
II. ~COPE OF
Plea~ ralear to the at'ached Scope of Services and Manhour l~timates
1. LABOR COSTS
F. stlmnted x Labor Rate 1Law Total
l~oars
Pr~nei~ 0 x $~S.20 $ 0.00
~ro]ect Manager 4~ x $~. 15 $1~31.20
Sr. l~ojeet ~ngtneer lS x $2~.75 $
· ~a~aeer 20 x ~20.~0 $
Teclmi~ 15 x $15~75 $ ~37.$0
CADD 0 x $15.75 $ 0.00
Cle~ca! 1;2 x $12.00 ~
TOTAL RAW LABOR COST $
TOTAL LABOR COST ~ RAW LABOR COST x MULTIPLIER
TOTAL LABOR COST - ($ 3,186.20 x 3.0) = $ 9,558.60
2. OTItER D~ COSTS
Mileage (F~r~at~t) $ 50,00
Printilag/Copies/Miscellaneous $ 175.00
Toll Calls $ $0.00
TOTAL OTHER DIRECT COSTS $ 275.00
THEREFORE, TOTAL ESTIMATED COSTS $ 9,833.60
~1- DB13$A. 11 (I ll07/!r0
11/10/97 11:$1 ~l 407 849 9402 PEC 2 ~003/004
CONSULTING SERVICE AUTHOIHZATION NO. 1.2
~OMPL]~T[ON DATIg
Tho pr~'~ repart will b~ completed within four (4) wee, ks afar receipt of ~ writ~n ,,nii~ to proc~.,d.
Fi~._l report ~ be comple~ within one (i) week after receipt of written comments fo ~he preliminary repot~
This service aulhorization is approved contingent upon the City's accept~ce of and satisfaction with th~ completion of
~ services rendered in the pl:e'Aous phase or as encompassed by the previous scrvic~ authorization. If the City in its
sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may
t~nlnate the contract without incurring any father liability.
Approved by TH~ CITY OF PROPESSIONAL~JC~.I!RING,,,..,
~ DAY OF , 1997
~or ~nt
.... I/-Io- 7
CITY OF DELRAY BEACH, a municipal
corporation of the STATE OF FLORIDA
BY:
MAYOR
-2- DB13,~A. 11 (11107/~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~'F' - MEETING OF NOVEMBER 18, 1997
SERVICE AUTHORIZATION #2/ECKLER ENGINEERING, INC.
DATE: NOVEMBER 14, 1997
This is before the Commission to consider Service Authorization
#2 in the amount of $22,500 to Eckler Engineering, Inc. for two
items: (1) preparation of engineering plans and specifications
for the rehabilitation and conversion of Lift Station 16 from a
Wet Well/Dry Well "Can" Station to a Submersible Station, and (2)
evaluation of Lift Station 3lA in the Tropic Isle Subdivision
to determine whether this facility can be abandoned and a gravity
connection made to the downstream system to which it discharges.
If this proposal becomes cost prohibitive, Eckler will prepare
plans and specifications to refurbish the station and keep it in
service.
Recommend approval of Service Authorization #2 for Eckler
Engineering, Inc. for rehabilitation of Lift Stations 16 and 3lA.
Funding is available from Renewal and Replacement (Account No.
442-5178-536-61.83).
Agenda Item No. ~' ~
AGENDA REQUEST
Date: 11/11/97
Request to be placed on:
Workshop Agenda When: 11/18/97
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization #2 for Eckler Engineering in the amount of $22,500.00 for preparation of engineering plans
and specifications for the rehabilitation of Lift Stations #16 and #3 lA. Maintenance records indicate that
these two stations are currently the highest priorities for rehabilitation. Funding is from R&R Account
#442-517 ! 8-536-61.83, Lift Station Conversion to Submersible.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of, ic~3r~ic: Authffri~ation #2 fo~E'~ler Engineering.
DEPARTMENT HEAD SIGNATURE: (,,~ . ~~-- l~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available 0
Funding alternatives ~ (ifapplicableD
Account No. & Desgription qq2 -~;~
Account Balance ~ ~-~:~ O~3
City Manager Review: Approved for agenda: ~fNO
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Acting ESD Director
SUBJECT: REHABILITATION OF LIFT STATION #16 AND//3 lA (PROJECT//98-044)
DATE: November 11, 1997
Attached is Service Authorization #2 for Eckler Engineering in the amount of $22,500.00 for consulting services
required for the rehabilitation of Lift Stations //16 and #3lA. Scope of service includes preparation of
engineering plans and specifications for the rehabilitation and conversion of Lift Station #16 from a Wet
Well/Dry Well "Can" Station to a Submersible Station and the rehabilitation and refurbishment of Lift Station
#3 lA. Maintenance records indicate that these two stations are currently the highest priorities for rehabilitation.
Insofar as Lift Station 3 lA serves only one cul-de-sac street (Tropic Boulevard) in the Tropic Isle Subdivision,
an evaluation will be performed to determine whether or not this facility can be abandoned and a gravity
connection made to the downstream system to which it currently discharges. If this proposal becomes cost
prohibitive, the station will be refurbished and remain in service.
Funding for this expenditure is available in R&R Account #442-51718-536-61.83, Lift Station Conversion to
Submersible.
Please place this item on the November 18th, agenda for consideration by the City Commission.
RCH:cl
cc: Howard Wight
Robert Bullard
File
ECKLER ENGINEERING, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: November 11~ !997.
SERVICE AUTHORIZATION NO. 13 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.: CITY 215.L1 ECKLER ENGINEERING
TITLE: Rehabilitation of Lift Stations 16 and 3lA
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated May 9, 1995, between the City of Defray Beach and
Eekler Engineering.
I. PROJECT DESCRIPTION
Eckler Engineering met with thc City of Defray Beach on November 3, 1997 to obtain a
better understanding of the improvements anticipated by the City of Defray Beach. The
following wastewater system improvements are proposed for the rehabilitation of lift stations
16 and 31A based upon the site visit and the City's needs for wastewater collection and
transmission systems within these areas:
Lift station 16: The City staff has recommended that this station be converted to a
submersible type lift station to eliminate the confined space requirements and general
maintenance problems associated with the current design. The capacity of the pumps will
be upgraded in order to meet the new operational head of the revised Highland Beach force
main. The current layout of the site will remain with the station located on Seagate Drive
with the electrical and controls located around the corner to the southeast on Bauhinia
Road.
Lift Station 3lA: The City staff has recommended general maintenance work be completed
for this existing lift station. This work will include the installation of new cheek and
isolation valves, new valve vault patch, replacement of existing pumping equipment, cleaning
and painting of the interior of the wetwell and valve vault, and the replacement of the
existing control panel.
This proposal consists of the design of these facilities and improvements, including
preparation of detailed plans and specifications followed by permitting and bidding
assistance services. The estimated construction cost for the rehabilitation of lift stations 16
and 3lA will be in the range of $170,000.00 to $210,000.00 depending on the
recommendations of the design report. A more detailed probable cost of construction will
be prepared upon completion of the final design.
II. SCOPE OF SERVICES
The Engineer shall provide a complete design for each of these lift stations in accordance
with our site visit of November 3, 1997 and our discussions with the City staff. The work
shall include the following:
DESIGN PHASE
The Engineer shall provide the services outlined in Article 3, Paragraphs B and C, Phases
2 and 3, pages 5 and 6 of the Agreement. The specific tasks include:
Task 1 - Administration: Administration of the project includes project setup, client
interface, interface and coordination with Delray Beach Operations Personnel, Quality
Control and Invoicing. ·
Task 2 - Field Visit: The Engineer shall visit each of the lift station sites to review the
existing conditions and facilities and to take necessary field measurements for design
purposes.
Task 3 - Collect and Review Existing Data: The Engineer shah collect and review existing
data on the lift stations, verify the current flows, review the proposed flows, and verify force
main pressures and power availability. City standards for lift station design, control panel
design and telemetry will also be reviewed at this time. The Engineer will perform an
analysis of this data and prepare calculations for the development of a basis for design.
This information shah be submitted to the City and reviewed by the City prior to beginning
design.
Task 4 - Lift Station Design: The Engineer shall prepare the drawings required for the
rehabilitation of these lift stations to include the removal of the existing pumping
equipment, installation of the new pumping equipment, installation of a new valve box,
rehabilitation of the existing wetwells and design of new wetwells. The drawings shall
include a cover sheet, legends, details, site plans, structural, mechanical and electrical
drawings of sufficient detail to allow for the construction of each of these lift stations.
Task 5 - Prepare Specifications: The Engineer shall prepare a set of technical specifications
for the required construction of each lift station. A full set of Contract Documents will be
prepared for the rehabilitation or replacement of these lift stations. The Contract portion
of these contract documents will be provided by the City of Delray Beach, the bid form will
be set up in a manner so that prices can be received on any or aH of the lift stations and
a selected number 6f stations will be constructed based upon the availability of funds. The
technical specifications shall be prepared in the Construction Specification Institute format.
Task 6 - Submit and Reviewwith City: The Engineer shall submit the preliminary drawings
and specifications to the City for their review. A review meeting shall be established to
discuss the drawings and specifications and to receive comments from the City.
Task 7 - Prepare Revisions from Review: The Engineer shall incorporate agreed upon
revisions made to the drawings and specdications by the City. The Engineer shall also
prepare the appropriate permit documents for signature by the City.
BIDDING AND NEGOTIATING PHASE
Task 1 - Bidding/Negotiation Services: The Engineer shah provide the services outlined in
Article 3, Paragraph D, Phase 4 - Bidding/Negotiation Phase, page 7 of the Agreement.
CONSTRUCTION PHASE
An addendum to this Service Authorization will be submitted at a later date for services
during construction which will be required by the City.
As a part of this service authorization, the CITY shaH:
1. Provide any record drawings of the existing lift stations.
2. Provide aH flow data from the existing lift stations which are available through the
City's telemetry system.
3. Provide details on each of the City's requirements for the design of this project
including pumps, coating systems, and telemetry.
4. Provide pressures in the force mains to which these lift stations will connect.
5. Pay all permit fees.
III. BUDGET
This proposal is made in accordance with Section 7 - Compensation, Paragraph A, Method
2 - TIMES CHARGES, NOT TO EXCEED BUDGETED AMOUNT, Page 17 of the
AGREEMENT.
Task Description Title Hours Rate Amount Total
DESIGN PHASR
1. Administration Principal 4 $38.00 $ 152.00
Secretary 6 $15.75 $ 94.50
Subtotal $ 246.50
2. Field Visit Engineer 5 8 $25.00 $ 200.00
Engineer 2 8 $16.75 $ 134.00
Subtotal $ 334.00
3. Collect & Review Engineer 5 4 $25.00 $ 100.00
Existing Data Engineer 2 8 $16.75 $ 134.00
Subtotal $ 234.00
4. Lift Station Design Principal 4 $38.00 $ 152.00
Engineer 5 16 $25.00 $ 400.00
Engineer 2 24 $16.75 $ 402.00
Technician 3 72 $20.00 $1,440.00
Secretary 16 $15.75 $ 252.00
Subtotal $2,646.00
5. Prepare .Principal 2 $38.00 $ 76.00
Specifications Engineer 5 4 $25.00 $ 100.00
Engineer 2 16 $16.75 $ 268.00
Secretary 12 $15.75 $ 189.00
Subtotal $ 633.00
6. Submit & Review Principal 4 $38.00 $ 152.00
Engineer 5 6 $25.00 $ 150.00
Subtotal $ 302.00
7. Prepare Revisions Engineer 5 4 $25.00 $ 100.00
from Review Technician 3 8 $20.00 $ 160.00
Secretary 6 $15.75 $ 94.50
Subtotal $ 354.50
SUBTOTAL $ 4,683.00
Labor x 3 - ($4,683.00 x 3) $14,049.00
SUBCONTRACTS
Survey $1,600.00
Electrical $3,720.00
Subtotal $5,320.00
Subconsultant x 1.1 - ($5,320.00 x 1.1) $ 5,852.00
BIDDING/NEC~)TIATION PHASE
1. Bidding/Negotiation Principal 4 $38.00 $ 152.00
Services Engineer 5 6 $25.00 $ 150.00
Secretary 6 $15.75 $ 94.50
Subtotal $ 396.50
SUBTOTAL $ 396.50
'Labor x 3 - ($396.50 x 3) $ 1,189.50
EXPENSES
Telephone $ 50.00
Postage $ 50.00
Mileage $ 100.00
Plotting $ 850.00
Photocopy/Blueprints .$ 350.00
SUBTOTAL $1,400.00 $ 1,400.00
PROJECT TOTAL $22,490.50
IV. COMPLETION DATE
The design of these lift stations can be completed within 90 days of receiving a signed Service
Authorization. The Bidding/Negotiation portion will be completed as the project progresses on
the City's schedule.
Approved by:
CITY OF DELRAY BEACH: ECKLER ENGINEERING, INC.
Date Date
Signature D~n~d A. Eckler, President
Print Name
Title
Attest
Approved as to legal Sufficiency
and Form
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this /! ~t~ day of
/'}t)//t'/r?~¢~ , 1997 by Donald A. Eckler , President, of Eekler Engineering~
Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and
did not take an oath.
'gigfl~ature ~f Person Taking Acknowledgement
Linda C. Fracasso
Name of Acknowledger Typed, Printed or Stamped
OFFICIAL NOTARY SEAL
LINDA C FRACASSO
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC639605
MY COMMISSION ,EXP. MAY, 1,2001
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RANGE: 43
S E W E R A T L A S TOW.,~.,e, 4, SHEET 37
, SECTION= ll (NORTH)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~'~ - MEETING OF NOVEMBER 18, 1997
RESOLUTION NO. 82-97
DATE: NOVEMBER 14, 1997
This is a resolution assessing costs for abatement action
required to remove nuisances on 22 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 82-97 assessing costs for
abating nuisances on 22 properties within the City.
RESOLUTION NO. 82-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 82-9?
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 82-97
COST OF ABATING NUISANCES UNDER CFIAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, N 50 FT LEON I. JENKINS & $ 24.00
OF S 335 FT OF E 135 FT GAIL R. JENKINS 70.00 (ADM. FEE)
OF BLK 14, PB 1, P 3 16049 RIO DEL SOL
PUBLIC RECORDS OF DELl{AY BEACH, FL 33446
PALM BEACH COUNTY, FL
(118 & 220 SW 6TH AVE)
DELRAY SHORES, LT 2, JEAN P. GANTHIER & $ 24.00
BLK 8, PB 24, P 233, PAULETTE GANTHIER 70.00 (ADM. FEE)
PUBLIC RECORDS OF 510 UDELL LANE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(510 UDELL LANE)
DELL PARK, LTS 3 & 4, RICHARD A. COURT, EST $ 51.00
BLK 8, PB 8, P 56, c/o DAVID B.DICKENSON,ESQ 70.00 (ADM. FEE)
PUBLIC RECORDS OF 980 NO. FEDERAL HWY #410
PALM BEACH COUNTY, FL BOCA RATON, FL 33432
(1012 NE 3RD AVENUE)
SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $ 85.00
OF SE 1/4 OF SW 1/4 802 SW 3RD STREET 70.00 (ADM. FEE)
UNREC/LOT 1, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(802 SW 3RD STREET)
NICHOLAS 2ND ADD TO MOLLIE K. BOWLES $ 67.00
DELRAY BCH, LT 14, C/O STEVE HINE, ESQ. 70.00 (ADM. FEE)
PB 21, P 70, PUBLIC 8350 NW 52ND TERRACE
RECORDS OF PALM MIAMI, FL 33166
BEACH COUNTY, FL
(304 SW 7TH STREET)
TOWN OF DELRAY, LT 3, ROBERT G. ALLEN & $ 51.00
BLK 47, PB 12, P 81, PATRICIA ALLEN 70.00 (ADM. FEE)
PUBLIC RECORDS OF 206 SW 2ND AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(206 SW 2ND AVENUE)
TOWN OF DELRAY, S 75 FT LUCIUS SIMMONS $ 77.00
OF W 135.6 FT OF BLK 39, 1601 GLENCOVE AVE NW 70.00 (ADM. FEE)
PB 1, P 3, PUBLIC PALM BAY, FL 32907-1750
RECORDS OF PALM BEACH
COUNTY, FL
(315 SW 3RD STREET)
4 RES. NO. 82-97
REPL OF PT OF BLK 27, PROGRESSIVE FINANCE CO. $ 36.00
DELRAY BEACH, LT 1 & CITIZENS, INC. 70.00 (ADM. FEE)
N 7 FT OF LT 2, PO BOX 1750
PB 21, P 43, PUBLIC BELLE GLADE, FL 33430
RECORDS OF PALM BEACH
COUNTY, FL
(143 NW 5TH AVE~UJE)
TOWN OF DELRAY, LT 17, BERTHA PRESTON $ 51.00
BLK 23, PB 10, P 69, 1001 WEST 3RD STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF RIVIERA BEACH, FL 33404
PALM BEACH COUNTY, FL
(217 SW 6TH AVENUE)
ATLANTIC GARDENS DELRAY, CHARLES T. OXIDINE & $ 48.00
LT 16, BLK 5, PB 14, ANNIE OXIDINE 70.00 (ADM. FEE)
P 63, PUBLIC RECORDS 27 NW llTH AVENUE
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(27 & 29 SW 12TH AVENUE)
LAKE IDA SHORES, LT 8, NETWORK FINANCIAL CORP $ 51.00
(LESS N 20 FT), BLK 3, 9100 GRIFFIN ROAD 70.00 (ADM. FEE)
PB 25, P 54, PUBLIC COOPER CITY, FL 33328-3540
RECORDS OF PALM BEACH
COUNTY, FL
(532 NW 8TH AVENUE)
ATLANTIC PARK GARDENS, JoD. & EARLINE MONROE $ 51.00
LT 19, BLK 2, PB 14, 32 EARL STREET 70.00 (ADM. FEE)
P 56, PUBLIC RECORDS OF HARTFORD, CT. 06120-1714
PALM BEACH COUNTY, FL
(39 SW 13TH AVENUE)
TOWN OF DELRAY, LTS 22 ALVAN E. MCFORD $ 69.00
TO 26, INC., BLK 15, 17831 NW 47TH AVENUE 70.00 (ADM. FEE)
PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255
RECORDS OF PALM
BEACH COUNTY, FL
(SW 7TH AVENUE)
ATLANTIC GARDENS DELRAY LORENZO JONES & $ 16.00
LT 13, BLK 10, PB 14, MARY E. JONES 70.00 (ADM. FEE)
P 63, PUBLIC RECORDS 8901 LANGWOOD DR. # 101
OF PALM BEACH COUNTY, FL RALEIGH, NC 27613-5275
(SW 10TH AVENUE)
TOWN OF DELRAY, LT 18, MATILDA JOHNSON $ 51.00
BLK 23, PB 10, P 69, 225 SW 6TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(225 SW 6TH AVENUE)
5 RES. NO. 82-97
DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 51.00
SEC 2, LT 7, BLK 8, LILLIAN S. GERWECK 70.00 (ADM. FEE)
PB 27, P 14, PUBLIC 1308 SW 22ND AVENUE
RECORD OF PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(1308 SW 22ND AVENUE)
SOUTHRIDGE, LT 29, MARIA DELACONCEPCION $ 82.00
BLK 1, PB 13, P 38, VILLA TOLEDO 70.00 (ADM. FEE)
PUBLIC RECORDS OF AVEIDA PAEL PARAISO
PALM BEACH COUNTY, FL CARACAS, VENEZUELA 00038
(321 STERLING AVENUE)
ATLANTIC GARDENS DELRAY EVELYN CLINTON $ 51.00
LT 19, BLK 10, PB 14, 213 SW 14TH AVENUE 70.00 (ADM. FEE)
P 63, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
TOWN OF DELRAY, LT 23, GRACE BARNETT $ 51.00
BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF WEST PALM BEACH, FL 33407
PALM BEACH COUNTY, FL
(509 SW 3RD STREET)
TOURIST NOOK DELRAY, ESTATE OF ORA WALLACE $ 83.00
LT 6, BLK A, PB 11, P 47, C/O ELOISE HUNTER 70.00 (ADM. FEE)
PUBLIC RECORDS OF 121 NW llTH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE)
ATLANTIC PARK GARDENS DAISY M. RAY $ 35.00
DELRAY, LT 13, BLK 2, P.O. BOX 74 70.00 (ADM. FEE)
PB 14, P 56, PUBLIC LENOX, GA 31637-0070
RECORDS OF PALM
BEACH COUNTY, FL
(17 SW 13TH AVENUE)
WEST SIDE HEIGHTS DELRAY HATTIE L. HARDWICK ESTATE $ 51.00
LT 4, BLK C, PB 13, P 61 C/O G. QUAIL 70.00 (ADM. FEE)
PUBLIC RECORDS OF PO BOX 7043, FDR STATION
PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908
(37 NW 10TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEP FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE.
6 RES. NO. 82-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2q'AGER~
SUBJECT: AGENDA ITEM # f'~' - MEETING OF NOVEMBER 18, 1997
RESOLUTION NO. 83-97
DATE: NOVEMBER 14, 1997
This item is a resolution assessing costs for abatement action
required to remove junked vehicles on eight properties located
within the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 83-97 assessing costs to
remove junked vehicles on eight properties within the City.
RESOLUTION NO. 83-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
-2- Res. No. 83-97
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1997.
MAYOR
ATTEST:
City Clerk
3 Res. No. 83-97
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
SOUTHRIDGE, LOT 1, MANUEL & ESTERVINA MOREDA $ 19.00
BLK 1, PB 13, P 38, 3524 CHATELAINE BLVD. 15.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
BEACH COUNTY, FL
(1102 SO. SWINTON AVE.)
TOWN OF DELRAY, LOT 3, JAMES & SYLVIA FAIR $ 219.00
BLK 34, PB 10, P 45, 239 NW 4TH AVENUE 15.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(239 NW 4TH AVENUE)
TOWN OF DELRAY, W 45' L.N. QUINCE, JR. & $ 19.00
OF LOT 1 & W 45' OF ARTICE QUINCE 15.00 (ADM. COST)
N 29.5' OF LOT 2 OF 322 SW 1ST AVENUE
N 1/4 OF BLK 38, DELRAY BEACH, FL 33444
PB 11, P 34, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(318 SW lST STREET)
DELRAY SHORES, LOT 20, PIERRE N. VALCENA & $ 219.00
BLK 11, PB 24, P 233, LAURETTA VALCENA & 15.00 (ADM. COST)
PUBLIC RECORDS OF ALSONE VILLAS
PALM BEACH COUNTY, FL 2488 LAKE IDA ROAD
(2488 LAKE IDA ROAD) DELRAY BEACH, FL 33445
CHATELAINE NO 1, LOT 8, ANTOINETTE CHARLES $ 19.00
BLK 2, PB 29, P 95, 275 CORNELIUS STREET 15.00 (ADM. COST)
PUBLIC RECORDS OF PALM BROOKLYN, NY 11221
BEACH COUNTY, FL
(3311 AVENUE SERRANT)
SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $1,712.00
OF SE 1/4 OF SW 1/4 802 SW 3RD STREET 15.00 (ADM. COST)
UNREC/LOT 1, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(802 SW 3RD STREET)
ROSEDALE PARK PARCEL A PINEWOOD PARK & $ 600.00
PUBLIC RECORDS OF RV CENTER, INC. 15.00 (ADM. COST)
PALM BEACH COUNTY, FL PO BOX 39872
(1710-1800 NO.FED.HWY) FT. LAUDERDALE, FL 33339
4 RES. NO. 83-97
TOWN OF DELRAY, LT 2, ALFRED & LOIS STRAGHN $ 19.00
BLK 34, PB 10, P 45, 26 SW 5TH AVENUE 15.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(VAC LOT) 241 NW 4TH AVE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
5 RES. NO. 83-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF NOVEMBER 18, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: NOVEMBER 14, 1997
Attached is the Report of Appealable Land Use Items for the
period November 3rd through November 14, 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
THRU: DIANE DOMINGUEZ, DtREC.~OR
DEPARTMENT OF PLANNING AND ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF NOVEMBER 18, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 3, 1997 THRU NOVEMBER 14, 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 November
3, 1997 through November 14, 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 18, 1997
Page 2
No Regular Meeting of the Planning and Zoning Board was held during this
period.
A. Approved (5 to 0, Fowler absent, Sittler late), the architectural
elevation plan to eliminate a cupola and decorative exterior wall tile
for the Delray Dialysis Center, located on the north side of West
Atlantic Avenue, west of Temple Sinai. Concurrently, the Board
denied a request to change the standing seam roof to asphalt
shingles.
B. Approved (5 to 0), a request for a color change for Bernino's Fine
Italian Restaurant, located on the east side of North Federal
Highway, north of George Bush Boulevard.
C. Approved (6 to 0, Sittler arrived), a request for a color change to
allow a mural on the west and south sides of the ABC Carpets &
Home building, located on the east side of Congress Avenue,
south of Atlantic Avenue.
D. Approved (5 to 1, Sittler dissenting), a request to change the
architectural elevation to remove the simulated brick and replace it
with another brick facade for the Leviathan Group Building,
located at the northeast corner of East Atlantic Avenue and N.E.
2nd Avenue.
E. Approved (6 to 0), a major site plan modification and landscape
plan associated with the expansion of Casale Marble Imports, a
monumental and ornamental stone cutting facility, located on the
west side of S.W. 17th Avenue, approximately 1,000 feet north of
S.W. 10th Street. Concurrently, the Board approved several
waivers, namely:
Eliminated the sidewalk requirement along S.W. 17th
Avenue;
Reduced the right-of-way width for S.W. 17th Avenue from
60 feet to 50 feet thereby eliminating the 5' dedication
requirement;
City Commission Documentation
Appealable Items Meeting of November 18, 1997
Page 3
· Reduced the required landscape strip from 5' to 4' where
parking tiers abut.
1. 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.
2. Tabled action (4 to 0, Johnson left the meeting), 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.
3. Approved (4 to 0), a request for a Certificate of Appropriateness
for exterior paint colors at the Harbor House, located on the west
side of Marine Way, south of S.E. 1st Street.
Other Items
· Approved (5 to 0), a variance request to allow a swimming pool to
be constructed 5' from the rear property line where 10' is required
for a duplex residence located at 24 Marine Way.
· The Board also took action on the Check Cashing Store, located
at the southeast corner of West Atlantic Avenue and S.W. 1st
Avenue. The Board's action has been appealed and will be
considered as a separate agenda item, thus this item is not
included in this report.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF NOVEMBER 18, 1997
L-30 CANAL
~O LAKE IDA ROAD
N.W. 2ND
· '- .... ~i
S.W. 2Nh
r'w'- .._.r'-~
~ LOWSON BOULEVARD '"'
-
LINTON BOULEVARD
i BOULEVARD
I
i i
L-38 CANAL C-15 CANAL
c,~' ,,.,TS ........... S.P.R.A.B.' H.P.B.:
A. - DELRAY DIALYSIS CENTER 1. - THE MASONIC LODGE
B. - BERNINO'S FINE ITALIAN RESTAURANT 2. - ,327 S.E. 7TH AVENUE
/ M~LE I C. - ABC CARPET &: HOME ,3. - HARBOR HOUSE APARTMENTS
[
I
D. - LEVIATHAN BUILDING
SCALE E. - CASALE MARBLE IMPORTS
Ci'TY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- D/GI?A/. ~4.EE' MAP SY~JI'E'M
[IT¥ DF DELRA¥ BEIIgH
CITY ATTORNEY'S OFFICE
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: November 12, 1997
SUBJECT: K-9 (OIk) Sale Agreement
Attached for insertion on the consent agenda are two copies of the above-
referenced agreement. In sum, the agreement calls for the sale of "elk" to his
handler and trainer Officer Skip Brown for $1,149.00. This amount is to be paid
over a period of 24 months. Further, if Officer Brown should leave our employ
prior to the completion of the agreement, the City shall have the right to collect
the balance through any monies the City may owe Officer Brown through
Paragraph #2 and court action through Paragraph #5.
Liability for the City will not increase as Paragraph #4 states that Officer Brown
shall indemnify the City for any actions arising from any damages caused by the
canine.
Feel free to contact if I can be of further assistance in this matter.
EDH:lbg ~'
c: Susan Ruby, City Attorney
Allison MacGregor Harry, City Clerk
Richard Overman, Chief
Louis Brown, Officer
Hardenl 5.doc
Printed on Recycled Paper
K-9 SALE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into between the City of Delray Beach
(hereinafter referred to as "CITY") and Louis I. Brown (hereinafter referred to as
"Brown) witnesseth that:
WHEREAS, the City, through its Police Department is desirous of retiring
and selling an animal currently being utilized in the City's K-9 program, said
animal being identified as follows: "OIk" German Shepherd (hereinafter referred
to as "Canine"); and,
WHEREAS, Brown, a current employee, either currently or previously
assigned to the Delray Beach Police Department K-9 unit is desirous of
purchasing, keeping, training, and assuming full responsibility for the Canine as
a pet at his place of residence or other appropriate kennel facility.
NOW, THEREFORE, for the mutual consideration, covenants, and
matters set forth herein, as of the date set forth below, the parties hereto do
hereby agree as follows:
'1. The City does hereby sell canine to Brown on an "as is" condition
for One Thousand One Hundred Forty-Nine Dollars ($'1,'149.00) and other good
and valuable consideration. Brown agrees to pay $47.87 per month from his
payroll check, to the City of Delray Beach for 23 consecutive months beginning
November '14, '1997., and a final payment of $47.99.
2. If Brown should leave the his employment with the City prior to
completion of terms of this agreement, City shall have the right to collect the
remaining balance owed to the City from any compensation due to the owner.
Compensation shall include salary, sick leave and vacation. To the extent there
is a balance due, Brown shall pay the City any difference remaining.
3. Brown shall henceforth be solely and completely responsible for
said Canine, including but not limited to, providing for the care and maintenance
(including all regular and extraordinary veterinary expenses) for the remainder of
the Canine's life.
4. Brown shall defend, indemnify and hold harmless the City, its
agents, officers, officials and employees from any and all claims, suit, causes of
action or any claim whatsoever made arising from property damage and/or
personal, bodily or mental injury to a human or animal caused or allegedly
causedby the actions of said Canine as a result of or following the date of this
Agreement.
5. In any action brought to enforce any provision of this Agreement,
the prevailing party shall be entitled to the relief sought plus all costs incurred
and reasonable attorneys fees.
6. The Owner, by signing below, affirms that he has read and
understands this Agreement and that he has been given the opportunity to have
the attorney of his choice review this Agreement.
THIS AGREEMENT made and entered into on this day of
, 1997.
BY
Louis I. Brown, Owner
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
, 1997 by , who is personally known to me
or who has produced (type of identification) as
identification and who did (did not) take an oath.
Signature of Notary Public -
State of
By:
City of Delray Beach
Mayor Jay Alperin
ATTEST:
City Clerk
Approved as to form:
City Attorney
KgOLK IDOCS/AGREEMT
L AO 10/97
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barron Caronite
Engineer I
SUBJECT: BOUNDARY PLAT
NOLAND PLAT
DATE: November 12, 1997
Attached is an agenda request for Commission approval of the boundary plat for the
Noland Plat. The subject plat consists of two buildings; one existing and one proposed.
The subject project received site plan approval on January 24, 1996. The site plan review
and appearance board approved an 18 month extension on May 28, 1997. A condition of
the site plan approval was to plat the subject project from the metes and bounds
description, in addition to, the dedication of right-of-way. Planning and Zoning approval
of the plat is not required. The project has received L.W.D.D. and Palm Beach County
approval. Also attached is a location map and reduced copy of the plat. If acceptable,
please place this item on the November 18, 1997, Commission meeting for Commission
approval.
BC/gm
attachment
cc: TAC-NOLAND PLAT
Janet Meeks, Senior Planner
file: s/eng/eng/tac/noland/fnlpltsb.doc
Agenda Item No. DfX'
AGENDA REOUEST
Date: Nov. 12, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 18, 1997
Description of item (who, what, where, how much): Approval of Noland
Boundary Plat. All applicable permits have been received and staff
commen~ addressed,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Noland Boundary plat.
Department head signature:~%.~l~- ~ il-I~-'/~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~ ~ Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
BC/gm
File: tac-noland
agenda.doc
////7//
ATLANTIC AVENUE
/::: .,..,
~ ~ ,~ :, ~-
CITY of DE~AY BEACH NOrD P~T
~ so~ ~s ~ D~ B~, ~A ~ 97-200
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barton Caronite
Engineer I
SUBJECT: DARREN'S RIDGE SUBDIVISION PLAT
DATE: November 12, 1997
Attached is an agenda request for Commission approval of Darren's Ridge Subdivision
Plat. The subject plat consists of two buildings with four units in each building with a
recreation area in the middle. Planning and Zoning approval of the plat was received on
October 20, 1997. Also attached is a location map and reduced copy of the plat. If
acceptable, please place this item on the November 18, 1997, Commission meeting for
Commission approval.
BC/gm
attachment
cc: TAC-Darren's Ridge
Claire Graham, Planner
file: s/eng/eng/tac/drinridg/fnlpltsb.doc
Agenda Item No. ~--
A~ENDA REOUEST
Date: Nov. 12, 1997
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: Nov. 18, 1997
Description of item (who, what, where, how much): Approval of Darren's
Ridqe Subdivision Plat. All applicable permits have been received and
staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Darren's Ridqe Subdivision
Plat.
Department head signature:~~* ~ i,l~/~-~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:Hold Until: ~lq'O ff~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Act ion:
Approved/Di sapproved
BC/gm
File: tac-drinridg
agenda.doc
LIN TON BOULEVARD
ir - ,-;~
CITY of DE~AY BEACH D~N'S RmcE
E~R0~~ SER~CES DEP~TME~
~ so~ ~ l~, ~ ~m~, ~ ~ 97-200
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October20, 1997
AGENDA ITEM: III.A.
ITEM: Combined Preliminary/Final Plat for Darren's Ridge, an 8-unit
townhouse development located on the west side of Florida
Boulevard, immediately east of Delray Plaza.
GENERAL DATA:
Owner/Applicant ............. Mass Industries, Inc.
Agent .............................. Edwin Lybass & Associates
Location ......................... West side of Florida
Boulevard, immediately east
of Delray Plaza
Property Size ................. 0.74 acres
Future Land Use Map .... Transitional
Zoning ............................ RM (Medium Density
Residential)
Adjacent Zoning...North: RM
East: RM
South: AC (Automotive Commercial)
West: PC (Planned Commercial)
Existing Land Use .......... Under Construction
Proposed Land Use ....... Construction of an 8-unit
townhouse development with
associated recreational
facilities, landscaping, and
parking areas.
Water Service ................ Existing 8" water main in
Florida Boulevard.
Sewer Service ................ Existing 8" sewer main in
Florida Boulevard.
II1.^.
Planning and Zoning Board Staff Report
Darren's Ridge Plat
Page 2
SPRAB staff report is available from the Planning and Zoning Department for further
review. The applicable land development regulations are discussed below.
Com_oliance with Land Develo_oment Regulations:
Interior Street System: Pursuant to LDR Section 4.3.3(0)(2), townhouse developments
are required to provide a platted street system interior to the project. The Darren's
Ridge plat does not provide an interior street system as, per site plan approval, the
units take direct access from Florida Boulevard. A waiver from this requirement has
been requested by the applicant.
Pursuant to LDR Section 2.4.7(B)(5) (Findings), prior to granting a waiver, the granting
body shall make findings that the granting of the waiver:
a) Shall not adversely affect the neighboring area;
b) Shall not significantly diminish the provision of public facilities;
c) Shall not create an unsafe situation; and,
d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
For large scale townhouse projects, interior streets are necessary to prevent individual
access from townhomes directly onto a main collector or local road, and to provide
access to parking lots within townhome developments. For a project as small as
Darren's Ridge, and given the location and parcel configuration, provision of an interior
street system is not practical. The project was previously approved as a rental complex
and this standard was not applied. It is currently under construction and access could
not be readily modified. Based on the above, findings can be made that granting of the
waiver will not adversely affect the neighboring area; significantly diminish the provision
of public facilities; create an unsafe situation; or, result in the grant of a special
privilege.
Right-of-Way Dedication: Currently, Florida Boulevard contains a 50' right-of-way.
Pursuant to LDR Section 5.3.1(D)(2), local streets with curb and gutter are required to
have a total of 60' of right-of-way, requiring a 5' right-of-way dedication along Florida
Boulevard. A reduction of right-of-way width from 60' to 50' was granted with site plan
approval.
Sidewalk: Pursuant to LDR Section 5.1.3(E), a 5' sidewalk is required along Florida
Boulevard, and its installation prior to the issuance of a Certificate of Occupancy was a
condition of site plan approval. The sidewalk has not yet been constructed, and its
installation prior to obtaining CO is attached to this plat as a condition of approval.
Planning and Zoning Board Staff Report
Darren's Ridge Plat
Page 4
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
Darren's Ridge townhouse development received site plan approval in October, 1995,
and boundary plat approval in January, 1996. The site plan originally called for the
construction of rental townhouse units; however, the owner now wishes to convert the
development to fee simple ownership, and has resubmitted the plat to address the
conversion. The subdivision complies with the Comprehensive Plan and Chapter 3 of
the LDRs.
1. Continue with direction.
2. Approve the preliminary plat and certify the final plat subject to all conditions being
addressed prior to scheduling for City Commission action.
3. Deny the preliminary plat and final plat with reasons stated.
By Separate Motions:
1. Approve the waiver request from LDR Section 4.3.3(0)(2), which requires an interior
street system within townhouse developments.
2. Approve the preliminary plat and certify the final plat for Darren's Ridge, subject to
the following conditions:
That items 1-3 identified under the technical items of this report be addressed
prior to scheduling the plat for City Commission action. These items include
revisions to the plat face sheet and plat.
That the required 5' sidewalk along Florida Boulevard (item ~.4) be installed prior
to issuance of a Certificate of Occupancy (CO).
Attachments: I~! Location Map
I~ Reduced Plat
Q Reduced Survey
Q Reduced Site Plan
filename: u:\grahamc\pzrep~darrenpz.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM # ~'/~' - MEETING OF NOVEMBER 18, 1997
AWARD OF BIDS AND CONTRACTS
DATE: NOVEMBER 14, 1997
This is before the Commission to approve the award of the
following bids and contracts:
1. Contr~ award in the amount of $178,855 to Metron-Farnier
vi~'City of West Palm Beach bid, for 60 large meter replace-
~nts, with funding from 442-5178-536-61.81.
2. Bid award through the Community Development Block Grant
Program to South Florida Construction for a housing
rehabilitation project at the Delray Beach Housing Authority
located at 770 S.W. 12th Terrace, in the amount of $33,000,
with funding from 118-1963-554-49.19.
3. Grant award through the State Housing Initiatives Partner-
ship program (SHIP) to South Florida Construction for a
housing rehabilitation project at 826 S.W. 5th Avenue, in
the amount of $21,000, with funding from 118-1924-554-
49.19.
4. Purchase award for Cellular Digital Packet Data connection;
to sole source H.T.E., Inc. as a supplement to the Software
License and Service Agreement, for connection between the
Police Department laptops and the AS400, at a total cost of
$718,116.50; $679,540 from 334-6111-519-64.29, and
$38,576.50 from 001-2113-521-46.20 and 521-46.90.
Request to be placed on: Date: November 12, 1997
~ Regular Agenda
Special Agenda
~ Workshop Agenda
xxxx Consent Agenda When: November 18, 1997
Description of item (who, what, where, how much):
Address Contractor Grant Amount
770 SW 12th Avenue South Florida Construction $33,000.00
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of Community Development Block Grant
Program Housing Rehabilitation Grant Award and Contract Award(s) from Account
# 118-1963-554-49.19 grant amount includes contingency.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55). ·
Department Head Signature:/~
City Attorney Review/Reco '~f lrfmf6ndation (if applica/ble):
Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~--~O c~' l'~ ~%'x
Funding Alternatives:~ (if applicable)
AccountNo.&Descfiption: Ii~-~qlo3-f>3t,qfl-lq 1'~¢~.'~c3o, i;'-¢~a~
Account Balance: {, k?_2-~ g3g
City Manager Review:
Approved for Agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
u :\white\wwdata~lbg~.oagenda. doc
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator~
Butler, Community Improvement Director~'~
THRU:
Lula
DATE: November 12, 1997
SUBJECT: Community Development Block Grant Program Activities Housing
Rehabilitation Grant Awards
ITEMS BEFORE THE COMMISSION
This is to request the City Commission's approval of the bid award to the Delray Beach
Housing Authority for interior repair of existing public housing units.
BACKGROUND
The City in partnership with Delray Beach Housing Authority and in support of the efforts
to bring all of the rental units up to standard housing condition, agreed to fund some of
the basic interior repair items. The bid specifications were based on identified repair items
and will be completed at an average cost of $165.00 per unit. Thus, the amount of bid is
based on the anticipated repairs of 200 units. The project is being funded from existing
CDBG housing rehabilitation funds.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Division. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the .contractor ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and
homeowner's signatures.
The Contract Award and Bid Summary sheets are attached for your reference.
RECOMMENDATIONS
Staff recommends awarding the bids for interior repairs to existing units within the public
housing project to the verified low bidders and authorizes the award of the Community
Development Block Grant funds for the following:
Bid No. Address Grant Amount
98-07HR Delray Beach Housing Authority $33,000.00
770 SW 12th Terrace
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 98-07HR
APPLICANT: Carver Estates
PROJECT ADDRESS: 770 SW 12th Terrace
Delray Beach, FL 2}3444
DATE OF BID LETTERS: September 19, 1997
DATE OF BID OPENING: September 29, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ $50,000.00
A. F. DOZER, INC. $ 76~160.00
ALPHA SOUTH CONSTRUCTION $
BEST REAL ESTATE, INC.~EDWARD KAPLAN $
CRAFTSMAN PLUS, INC. $
DAKOTA CONSTRUCTION INC. $ $156~400.00
FIRST CHOICE CONTRACTORS $
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $ $33,000.00
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ $71~200.00
CONTRACTOR AWARDED CONTRACT: South Florida Construction
BID/CONTACT AMOUNT: $ 33,000.00
COMMENTS:
Agenda Item No.: ~/~ 3
AGENDA REQUEST
Request to be placed on: Date: November 12, 1997
Regular Agenda
~ Special Agenda
~ Workshop Agenda
xxxxx Consent Agenda When: November 18, 1997
Description of item (who, what, where, how much):
CASEg AI~I}RESS TOTAL S[IIP A~IOIJNT
96-002 SHR 826 SW 5th Avenue $21,000
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIED: YES/NO Dra~ Attached: YES/NO
Recommendation: Recommend approval of affordable rehabilitation grant award through
the State Housing Initiatives Partnership program (SHIP) account 118-1924-554-49.19.
(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 ~ng expen~liture of funds):
Funding
Available:
Funding Alternatives: .(if applicable)
Account No. & Description: ~l~-IC~2q--D3q.qcl-[q 44~c~sirt~ ~-D~aJoih,qrob6rx
Account Balance: } %~ ~D~,h ~
City Manager Review:
Approved for Agenda: ~/NOfi~I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
u:\white\wwdataXs~aipagen.doe
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator
THRU: Lula Butler, Community Improvement Director~
DATE: November 12, 1997
SUBJECT: CONSENT AGENDA
State Housing Initiatives Partnership Program (SHIP) Rehabilitation of
Owner Occupied Units.
ITEM BEFORE THE COMMISSION
This is to request approval for a $21,000 Housing Rehabilitation Grant Award through the
State Housing Initiatives Partnership program (SHIP). This request is in accordance with
the City's approved Housing Assistance Plan developed for the SI-KP program between
the City and the Florida Finance Agency.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation as determined by the low
bidder plus a 5% contingency. The contingency may be used for change orders and all
unused funds remain with the SHIP grant program.
Due to the cost of rehabilitation required to meet the code and building standards set
forth under this program, additional funding will be provided by the owner's primary
mortgage holder in the amount of $7,300 to be distributed by the City.
As required by the SHIP program, we will obtain a promissory note from the homeowner
and record it in the public records of Palm Beach County.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Divisions. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
specifications and program guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipient has met all eligibility requirements as specified
in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by
repairing roofs, electric and plumbing systems and correcting other incipient code
violations. Detailed work write-ups and individual case files are available for review at
the Community Development Division Office.
RECOMMENDATIONS
Staff recommends awarding the bid for $21,000 Housing Rehabilitation project to the
verified low bidder and authorizes the award of appropriate grants through the SHIP
program. One hundred percent (100%) of total funds will be charged to the SHIP account
for the following:
Case Number Address Total SHIP Grant Amount
96-002 SHR 826 SW 5th Avenue $21,000
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 98-03 SHR
APPLICANT: Angii D. Alexander
APPLICATION #: 96-002 SHR
PROJECT ADDRESS: 826 SW 5th Avenue
DATE OF BID LETTERS: October 10~ 1997
DATE OF BID OPENING: October 22, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
A. F. DOZER, INC. $
ALPHA SOUTH C'ONS~RUCTION $
BEST REAL ESTATE, INCAEDWARD KAPLAN $
CRAFTSMAN PLUS, INC. $ 32~400
DAKOTA CONSTRUCTION, INC. $
FIRST CHOICE CONTRACTORS $
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $ 27~300
TOMMY PRESTON $
IN-HOUSE ESTIMATE $ 27~075
CONTRACTOR AWARDED CONTRACT: South Florida Construction
BID/CONTACT AMOUNT: $27~300
COMMENTS: Consent Agenda bgfore City Commission requesting SHIP grant in the amount of
$20,000 plus contingency_ with $7,300 provided by the owner's primary mortgage holder.
u :\white\wwdata\bidinfo. doc
Agenda Item No. :
AGENDA REQUEST
Date: November 13~ 1997
Request to be placed on:,
Consent
X R~-g~-P~ Agenda Special Agenda Workshop Agenda
When: November 18, 1997
Description of agenda item (who, what, where, how much): Purchase Award-
Hardware/Software For CDPD Connection as a sole source purchase from H.T.E. at
at total cost of $718,116,50.
ORDINAlqCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Sole source purchase of hardware/software for CDPD Connection
for Police Department from H.T.E. at a total cost of $718,116.50. Fund as follows:
$679,540 from Account #334-6111-519-64.29 COPS More 96 Grant Pro~ect #97055
$%g.576.50 from Account's 001-2113-5~,~1-46.20 and 001-2113-521-46.90 - Equipment/
.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
Funding alternatives: , ' . (if applicable)
City Manager Review:
~enda Coordinator
Reco~ved:
~c ~ ~on: ~pp roved / D ~ s app roved
MEMORANDUM
TO: David Harden, City Manager ~ ~
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Safford, Finance Director
DATE: Nover~er 13, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
NOVEMBER 18, 1997, SOLE SOURCE PURCHASE AWARD
HARDWARE/SOFTWARE FOR CDPD CONNECTION
Item Before Commission:
The City Commission is requested approve the sole source purchase award of
the CDPD Connection to H.T.E for the Delray Beach Police Department at a
total cost of $718,116.50.
Background:
The City of Delray Beach has the need to setup the remaining patrol
vehicles and sixteen (16) Investigative Division laptops with Cellular
Digital Packet Dat~, (CDPD) connection between the laptops and the AS400.
This will allow officers to communicate and receive calls from dispatch,
submit reports electronically, and have access to NCIC/FCIC and H.T.E.
records application.
This is a sole source procurement from H.T.E. as a supplement to H.T.E.
Inc. Software License and Service Agreement. See attached supplement and
schedule of pricing from H.T.E. The total cost of the License Fees and
Services/Implementation Fees is $679,540. The support fees of $38,576.50
will not be due until 120 days after installation.
The Delray Beach Police Department Director recommends this purchase per
attached memo dated November 04, 1997.
Recommendation:
Staff recommends the sole source purchase of CDPD Connection to H.T.E. at a
total cost of $718,116.50. Funding from the COPS More 96 Grant Project
#97055 account #334-6111-519-64.29 for $679,540 and support fees of
$38,576.50 from equipment/software maintenance accounts 001-2113-531-46.20
and 001-2113-521-46.90.
Attachments:
Delra¥ Beach Police Department Memo Dated November 04, 1997
H.T.E. Software License D~nd Services Agreement
cc: David Junghans, Director
Tina Lundsford, Asst. Director
Delray Beach Police Departmem
emorandum
To:
Director David Jung~\ '
From: Assistant Director Tina L. Lun~ford~
Date: November 4, 1997
Subject: HARDWARE/SOFTWARE PURCHASE FOR CDPD CONNECTION
Attached you will find the contract addendum from H.T.E. to provide the Premier MDT System
that is needed to setup the rest of the patrol vehicles and 16 Investigative Division laptops with
Cellular Digital Packet Data (CDPD) connection between the laptops and the AS400. The
comract covers the modems, sottware, software license, implememation services, project
management, setup/configuration, training and support fees. This project will allow the laptops
used by our officers to communicate with our AS400 to receive calls from dispatch, submit
reports electronically, have access to NCIC/FCIC and the H.T.E. records application. H.T.E. is
the sole source vendor.
I keyed in the following requisition for your approval:
#57615 H.T.E $679,540
The funds for this project are coming from the COPS More 96 Grant Project #97055. The
support fees of $38,576.50 will not be due until 90 days after acceptance of the software and
have been figured into the 97/98 budget.
Please forward this information for Commission approval.
attachments
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT
BY AND BETWEEN H.T.E., INC. AND CITY OF DELRAY BEACH
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. HTE-DLRB-9707023
PHASE II
This Supplement is to the Original AGREEMENT FOR H.T.E., INC. LICENSED PROGRAMS dated October 17, 1985,
between H.T.E., INC. (HTE) and City of Delray Beach (Customer). Unless otherwise stated below, all terms and conditions
as stated in the Agreement shall remain in effect.
HTE - Mobile CRIMES Interface $ 10,000.00 $ 1,500.00
HTE - Mobile CAD Interface 10,000.00 1,500.00
HTE - Field Reporting Mobile Client/Incident (27) 44,550.00 2,450.00
HTE - Field Reporting Mobile Client/Accident (27) 44,550.00 2,450.00
(Deliver 3/98)
HTE- Sierra Aircard, PCMCIA (16) 15,360.00
HTE - Sierra MP200 CDPD Trunk Modem
w/Hardware (30) 35,850.00
Third Party Software
Premier MDT Server (101-500 Users) 48,000.00 l 1,520.00
Premier MDT Client Software (115 Users) 68,425.00 12,316.50
Talkthru/RF Server Software w/5250 6,000.00 1,440.00
Talkthru/RF Client Software (120 Users) 30,000.00 5,400.00
MS SNA Server Client License (I 15 Users) 11,155.00
SCA-CAD II1 Interface Module 7,000.00
On Site Implementation Services 3,505.00
Project Management 4,000.00
SCA - Field Incident Reporting Integration Module 10,000.00
MDC - Panasonic CF-25, 100mhz, 16mb,
81 Omb (90) 301,500.00
MDC Docking Stations/Voltage Protection Unit
Unit (35) 29,645.00
TOTALS $ 672,035.00 $ 7,505.00 $ 38,576.50
License Fees $ 672,035.00 $ 336,017.50 $ 336,017.50
Services/Implementation Fees 7,505.00 3,752.50 $ 3,752.50
_~_Fees 38,576.50 $ 38,576.50
[TOTAL $ 718,116.50 $ 339,770.00 $ 339,770.00 $ 38,576.50
DIb-a 1
Annual Support Services
The initial term of support services shall commence ninety (90) days after Acceptance Test approval of the Licensed Program(s)
and extend for a term of twelve (12) months from delivery. Support fees for the initial term of support are due prior to the
commencement of support. Subsequent terms of support will be for twelve (12) month periods, commencing at the end
of the initial support period, and support fees will be due at the then prevailing rate.
The Customer will have thirty (30) days after delivery of each Licensed Program for non productive use as a testing period.
The purpose of the testing period is to permit the Customer to determine whether the Licensed Program functions selected by
the Customer operate together and to assist the Customer in determining whether to Licensed Program meets the Customer's
requirements. The testing period will begin ten (10) days after shipment of the Licensed Program by HTE.
Warranty
HTE warranties will only apply to any HTE Licensed Program(s) or Services that may be included herein.
Unless otherwise stated, Customer shall enter into separate purchase of maintenance agreements with each
individual hardware supplier for the equipment. Warranty and maintenance offerings from HTE for its Program
Products do not apply to any hardware supplied under this Schedule.
SCA Products
SCA Products are subject to SCA's warranties, liabilities and terms and conditions. HTE does warrant, however, that the SCA
software will perform the stated functions. SCA will submit a License to Use to the Customer.
Travel
Actual reasonable travel and living expenses are in addition to the prices quoted for the applications and will be
invoiced as incurred.
Services, Installation, Training
Additional services, installation, or training, if requested by Customer, will be invoiced as incurred at the then prevailing rate per d
Conversion
Conversion, if necessary, will be invoiced as incurred at the prevailing rate per hour. Data must be given to HTE in an IBM
compatible format on a specified magnetic media. Data must match data field definition. Input data file clean up must be
responsibility of Customer. It is understood that no two systems and file structures are exactly alike and there may
be a need for some manual conversion effort to take place along with the electronic conversion.
Modifications
Modifications will be controlled by the HTE "System Change Request" form which will be prepared for the Customer
by the HTE or SCA Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is
returned with the City's authorization along with 50% payment. The final 50% payment is due upon completion.
Cancellation Penalty
The Customer acknowledges that HTE makes every effort to schedule non-emergency Customer premise visits
sufficiently in advance to obtain favorable travel and living costs, which are payable by the Customer. Any Customer
premise visit canceled for the benefit of the Customer after being scheduled by HTE may be subject to a penalty
charge. HTE's current penalty charge for any Customer premise visits canceled by the Customer within seven (7)
days of the date scheduled by HTE is fifty percent (50%) of the original cost of such service as provided above. Fees
for Customer premise visits canceled within seventy two (72) hours of the scheduled date shall be fully due and
payable by the Customer. The charges and penalties quoted above do not include any direct fees or penalties
incurred by HTE resulting from such cancellation, including but not limited to non-refundable travel and living expenses,
which shall also be due and payable by the Customer. Notwithstanding the above, HTE will endeavor to reschedule
HTE personnel during the time canceled so as to reduce any subsequent penalty to the Customer.
DIb-a 2
Non-Hiring Statement
During the term of this Agreement and for a period of twenty-four (24) months after the termination of this
Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of liTE or
persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent
of HTE.
Prices quoted above will be honored through August 31, 1997.
CITY OF DELRAY BEACH H.T.E., INC.
Ronald E. Goodrow
Vice President - Operations 7/29/97
Title Date
DIb-a 3
Headquarters:
1000 Business Center Drive, Lake Mary, FL 32746 · (407) 304-3235
Application Solutions for Government
INVOICE
CITY OF DELRAY BEACH
DELRAY BEACH POLICE DEPARTMENT
300 W. ATLANTIC AVENUE DATE: 7/29/97
DELRAY BEACH, FL 33444 INVOICE # CE - II
PROJECT: DLR
ATTN: TINA LUNSFORD, DIRECTOR
POLICE INFORMATION SERVICES
Due upon contract execution:
License Fees
HTE - Mobile CRIMES Interface $ 5,000.00
HTE - Mobile CAD Interface 5,000.00
HTE - Field Reporting Mobile Client/Incident (27) 22,275.00
HTE - Field Reporting Mobile Client/Accident (27) 22,275.00
HTE - Sierra Aircard, PCMCIA (16) 7,680.00
HTE - Sierra MP200 CDPD Trunk Modem w/Hardware 17,925.00
Third Party Software
Premier MDT Server (101-500 Users) 24,000.00
Premier MDT Client Software (115 Users) 34,212.50
Tatkthru/RF Server Software w/5250 3,000.00
Talkthru/RF Client Software (120 Users) 15,000.00
MS SNA Server Client License (115 Users) 5,577.50
SCA-CAD III Interface Module 3,500.00
SCA - Field Incident Reporting Integration Module 5,000.00
MDC - Panasonic CF-25, 100mhz, 16mb, 810 mb (90) 150,750.00
MDC Docking Stations/Voltage Protection Unit (35) 14,822.50
50% of Services/Implementation Fees 3,752.50
TOTAL AMOUNT DUE THIS INVOICE $ 339,770.00
PLEASE REMIT TO:
H.T.E., INC
P.O. BOX 628258
ORLANDO FL 32862-8258
TO: MAYOR AND CITY COMMISSIONERS ~ ~'O
FROM: CITY MANAGER~/{
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF NOVEMBER 18, 199,7
APPEAL OF HISTORIC PRESERVATION BOARD DECISION
DATE: NOVEMBER 14, 1997
This is before the Commission to consider an appeal of the
Historic Preservation Board's denial of a minor site plan
modification request for the Check Cashing Store located at the
southeast corner of Atlantic Avenue and S.W. 1st Avenue.
When considering the presently approved site plan, the Board
initially wanted both curb cuts onto Atlantic Avenue eliminated
to be consistent with provisions of the West Atlantic Avenue
Redevelopment Plan. All vehicles would exit the parking area via
the east/west alley. As a compromise, however, the Board
approved a one-way driveway, allowing only entry to the site from
Atlantic Avenue.
Subsequent to the approval of that plan, the owner of the
properties located east of the proposed Check Cashing Store
(former gas station and the historic Rectory building) applied to
abandon the portion of that same east/west alley which separates
his properties. The site plan of the Check Cashing Store relies
on the alley as the primary egress point for its business.
At its meeting of October 20, 1997 the Planning and Zoning Board
recommended approval of the abandonment subject to the conversion
of the 17 foot one-way drive to a 20 foot two-way drive being
approved by the HPB prior to Commission consideration of the
alley abandonment. At its meeting of November 5, 1997 the
Historic Preservation Board considered the driveway modification
and voted 3-2 to deny the conversion to two-way.
The abandonment of the east/west alley is critical to the
ultimate redevelopment of the site. While its elimination will
not significantly impede the circulation of vehicles exiting the
Check Cashing Store, it will reduce their options. The West
Atlantic Avenue Redevelopment Plan calls for the elimination of
existing curb cuts along the avenue whenever possible; however,
it allows the access to be retained when removel is impossible or
inappropriate. Given the changed circumstances resulting from
the proposed alley abandonment, allowing the two-way access would
appear to be justified.
Recommend reversal of the action of the Historic Preservation
Board, thereby approving the modification to the parking lot for
the Check Cashing Store, including the conversion of the approved
one-way access drive to a two-way access drive off Atlantic
Avenue.
TO: DAVID T. HARDEN
CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
/
SUBJECT: MEETING OF NOVEMBER 18, 1997
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL OF
A MINOR SITE PLAN MODIFICATION REQUEST FOR THE CHECK
CASHING STORE.
The action requested of the City Commission is that of consideration of an appeal of
the Historic Preservation Board's denial of a non-impacting site plan modification
request for the Check Cashing Store. The subject property is located at 48 W.
Atlantic Avenue (southeast corner of W. Atlantic Avenue and S.W. 1st Avenue).
At its December 18, 1996 meeting, the HPB approved a site plan for the Check
Cashing Store, which is now under construction. The subject property previously had
two accessways off of Atlantic Avenue. The approved site plan calls for the
elimination of one of those curb cuts as well as a curb cut along S.W. 1st Avenue;
construction of a 14-space diagonal parking lot with a one-way driveway into the site
from Atlantic Avenue and exiting onto the east/west alley at the rear of the site; and
construction of a nine-space dead-end parking bay with access provided from the
east/west alley. The applicant's initial proposal was to retain one of the existing 2-way
driveways onto Atlantic Avenue, but the Board wanted both accessways eliminated
altogether to be consistent with provisions of the West Atlantic Avenue
Redevelopment Plan. As a compromise, the driveway was reduced in length and
converted to one way in order to provide for fewer potential vehicle-pedestrian
conflicts. This design requires that all vehicles exit the parking area via the east/west
alley.
City Commission Documentation
Meeting of November 18, 1997
Appeal of HPB Denial of a Non-Impacting Site Plan Modification for the Check Cashing Store
Page 2
Subsequent to the approval of that plan, the owner of the properties located at the
southwest corner of W. Atlantic and S. Swinton Avenues (former gas station site and
the historic two-story Rectory building) applied to abandon the portion of that same
east/west alley which separates his properties. The purpose of the abandonment is to
allow for a unified development of the corner properties. The alley in this location is
only 13 feet in width, as a 3' portion of it was previously abandoned to accommodate
the encroachment of the Rectory building. The abandonment does not affect the
portion of the alley that abuts the Check Cashing Store, however, it will eliminate
direct access to Swinton from the alley.
The Check Cashing Store initially objected to the abandonment, in that their approved
site plan relies upon the alley as the primary egress point for its business. The
remaining portion of the east/west alley will maintain access to S.W. 1st Avenue, and
to an existing north/south alley east of the Check Cashing Store. The north/south
alley is improved to S.W. 1st Street.
The applicant and representatives of the Check Cashing Store discussed several
alternatives to resolve the alley access issue. In order to come to a solution
acceptable to everyone involved, modifications to the Check Cashing Store site plan
were proposed, including converting the approved 17' wide one-way driveway to a 20'
wide two-way drive. The owner of the corner property would agree to limit his own
Atlantic Avenue access to a one-way drive. In order to accommodate the
modification, the required 5' landscape buffer along the Check Cashing Store's east
property line would have to be reduced to 2.5'.
At its meeting of October 20, 1997, the Planning and Zoning Board recommended
approval of the abandonment, subject to several conditions. One of those conditions
is that a site plan modification converting the approved 17' wide one-way driveway to
a 20' wide two-way driveway be approved by HPB prior to City Commission
consideration of the abandonment.
The Historic Preservation Board considered the driveway modification and landscape
waiver at the meeting of November 5, 1997. Five of the seven board members were
present. The board voted unanimously to approve the landscape waiver that was
necessary to accommodate the driveway conversion, but voted 3-2 to deny the actual
conversion of the driveway. There was very little discussion regarding the reason for
the denial, but the board member making the motion stated that he felt that the 2-way
drive was not necessary, as adequate circulation would still exist if the alley to the
east is abandoned.
City Commission Documentation
Meeting of November 18, 1997
Appeal of HPB Denial of a Non-Impacting Site Plan Modification for the Check Cashing Store
Page 3
A. Continue with direction.
B. Uphold the Historic Preservation Board's denial of the site plan modification for the
Check Cashing Store.
C. Reverse the Historic Preservation Board's denial of the site plan modification for
the Check Cashing Store, thereby approving the driveway and parking lot
changes.
The abandonment of the east/west alley that is associated with the property at the
southwest corner of Swinton and Atlantic Avenues is critical to the ultimate
redevelopment of that site. The alley is only 13 feet in width at this location, and is a
substandard travelway. It does not make sense to design a development around it.
While its elimination will not significantly impede the circulation of vehicles exiting the
Check Cashing Store, it will reduce their options. As a concession, it makes sense to
allow the store to have a 2-way access onto Atlantic Avenue. While the West Atlantic
Avenue Redevelopment Plan calls for the elimination of existing curb cuts along the
avenue whenever possible, it allows the access to be retained when removal is
impossible or inappropriate. Given the changed circumstances resulting from the
proposed abandonment, allowing the 2-way access is justified. Neither the CRA nor
the West Atlantic Avenue Review Committee object to the 2-way drive. Therefore, the
following action is recommended:
By motion, reverse the action of the Historic Preservation Board, thereby approving
the modification to the parking lot for the Check Cashing Store, including the
conversion of the approved 1-way access drive to a 2-way access drive.
Attachments:
· Location Map
· Approved and Proposed Parking Lot Plans
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II .- !IIII!!III'I!~~LIILI:II~I/I/ I l.,o., l'r~
Id JOHN W. SZERDI
AND ASSOCIATES
ARCHITECT - A.I.A.
November 10, 1997
City of Delray Beach - City Clerk RECEIVED
Building Department 11 [ Iq ]cl '7
100 N.W. 1st Ave.
Delray Beach, FL 33444 CiTY CLERK
Attn: Allison Hardy - City Clerk
Dear Allison:
Per Section 2.4.7 (E) of the City Ordinance, I respectfully submit this letter of Appeal for
Item IV on the Agenda of The Historic Preservation Board meeting held November 5,
1997.
The action being appealed is the denial of a Non-Impacting Site Plan Modification to
allow two-way access to the 14 space parking lot associated with the Check Cashing
Store at 48 West Atlantic Avenue. The Board denied the modification by a 3-2 vote.
Both the CRA and the P & Z Board supported the modification.
Granting this appeal will satisfy an objection by the Check Cashing Store to the proposed
alley abandonment presently going through approval process. My client owns both the
comer property on Swinton and Atlantic Avenue adjacent on the east side and the Rectory
property at 14 S. Swinton is requesting the abandonment in order to unify the properties.
The three-story proposed comer building will echo the character of the rectory and
contain a mixed retail/residential usage. We have worked closely with the City staffand
CRA to develop a very historically sensitive building on this strategic high profile site. The
City staff and engineers support the abandonment. Without the site modification being
granted, the City staff and I feel a long drawn out battle may take place. I believe we have
made a diligent and professional effort to find a successful solution in order to realize a
tremendous project for the City of Delray Beach. As agent for the Check Cashing Store
modification and architect for the proposed Rectory redevelopment, I appreciate your
consideration of this appeal.
Respectfully yours,
John W. Szerdi, A.I.A.
/bk
1109 East Las Olas Boulevard. Fort Lauderdale, Florida 33301 · (305) 467-6699. Fax 467-0235
I1/12/97 WED 16:52 FAX 561 243 3774 CITY CLERK ~001
*********************
*** TX REPORT ***
*********************
TRANSMISSION OK
TX/RX NO 1154
CONNECTION TEL 819544670235
CONNECTION ID
ST. TIME 11/12 16:51
USAGE T 00'51
PGS. SENT 1
RESULT OK
100 N,W, 1st ~VENUE · DELRAY 8EACH, F~ORIDA 33~4 · ~7/2~3-7000
{[I..merica C{~
993
Nove~er 12, 1997 VI~ F~
John W. Szerdi, A.I.A.
John W. Szerdi and Associates
1109 East Las Olas Boulevard
Fort Lauderdale, FL 33301
Re: ADDeal of ~istoric Preservation Board Decision re Check
Cashinq Store Non-Impactinq Site Plan Modification
Dear Mr. Szerdi:
This will acknowledge receipt of your letter of appeal with
respect to the Historic Preservation Board's action of November
5, 1997, concernin~ the referenced project. Pursuant to Section
2.4.7 of the Land Development Regulations, the appeal was
received in a timely manner by the City Clerk's office on
November 10, 1997.
Please be advised that the matter will be scheduled for
consideration by the City Commission at the regular meeting to be
held on Tuesda¥~ November 18, 1997. The meeting will begin at
6:00 p.m. and will be held in the Commission Chambers at City
Hall, 100 N.W. 1st kvenue, Delray Beach, Florida.
You may wish to check with my office prior to the November 18th
meeting to determine the item's standing on the agenda. Should
you have any questions, please do not hesitate to contact me at
£1T¥ DF DELRR¥ BERCH
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali. America City
1993
November 12, 1997 VIA FAX
John W. Szerdi, A.I.A.
John W. Szerdi and Associates
1109 East Las Olas Boulevard
Fort Lauderdale, FL 33301
Re: Appeal of Historic Preservation Board Decision re Check
Cashinq Store Non-Impactinq Site Plan Modification
Dear Mr. Szerdi:
This will acknowledge receipt of your letter of appeal with
respect to the Historic Preservation Board's action of November
5, 1997, concerning the referenced project. Pursuant to Section
2.4.7 of the Land Development Regulations, the appeal was
received in a timely manner by the City Clerk's office on
November 10, 1997.
Please be advised that the matter will be scheduled for
consideration by the City Commission at the regular meeting to be
held on Tuesday, November 18, 1997. The meeting will begin at
6:00 p.m. and will be held in the Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
You may wish to check with my office prior to the November 18th
meeting to determine the item's standing on the agenda. Should
you have any questions, please do not hesitate to contact me at
561/243-7050.
Sincerely, ~
City Clerk
AMH/m
cc: Diane Dominguez, Director of Planning and Zoning
Pat Cayce, Historic Preservation Planner
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
-~v-~0~97 02:24P SZERDI & ASSOC. 467 0235 P.02
JOHN W, SZEROi
AND ASSOCIATES
ARCHITECT- A.I.A.
November 10, 1997
City of Delray Beach - City Clerk
Building Department
100 N W. ! st Ave.
Delray Beach, FL 33444
Attn: Allison Hardy - City Clerk
Dear Allison:
Per Section 2.4.7 (E) of the City Ordinance, I respectfully submit this letter of Appeal for
Item 1V on the Agenda of The Historic Preservation Board meeting held November 5,
1997.
The action being appealed is the denial of a Non-Impacting Site Plan Modification to
allow two-way access to the 14 space parking lot associated with the Check Cashing
Store at 48 West Atlantic Avenue. The Board denied the modification by a 3-2 vote.
Both the CRA and the P & Z Board supported the modification.
Granting this appeal will satisfy an objection by the Check Cashing Store to the proposed
alley abandonment presently going through approval process. My client owns both the
comer property on Swinton and Atlantic Avenue adjacent on the east side and the Rectory
property at 14 S. Swinton is requesting the abandonment in order to unify the properties.
The three-story proposed corner building ~411 echo the character of the rectory and
contain a mixed retail/residential usage We have worked closely with the City staff and
CRA to develop a very historically sensitive building on this strategic high profile site. The
City staffand engineers support the abandonment. Without the site modification being
granted, the City staffand I feel a long drawn out battle may take place. I believe we have
made a diligent and professional effort to find a successful solution in order to realize a
tremendous project for the City of Delray Beach. As agent for the Check Cashing Store
modification and architect for the proposed Rectory redevelopment, I appreciate your
consideration of this appeal.
Respectfully yours,
I I 0~t East Las Olas Boulevaed · Fort LauOerdaie, Florida 33301 · (30~) 467-~o69~) · Fax 4E;7-0235
r~oy-- 10-97 02: 23P SZERDI & ASSOC. 467 0235 P.01
ARCHITECT,- A.I.A.
via fax
TO: Allison Hardy
COMPANY: City of Delray Beach - City Clerk
FAX #: 561-243-3774
FROM: John W, Szerdi
SZERDI & ASSOCIATES
TELEPHONE: 9541467-6699 9641467-0236 (fax)
DATE: November 10~ 1997
NUMBER OF PAGES, EXCLUDING COVER SHEET:
REMARKS: ,
I 1 og East Las Olas 19oulevard · I~o,-t Lauderdale. Florida 33301 · (305] ~1ST.E~E~t~ · Fax
D~LRAY BEACH
1993
HISTORIC PRESERVATION BOARD MEETING
CITY OF DELRAY BEACH
Meeting Date: November 5, 1997
'Type of Meeting: Regular Meeting
Location: First Floor Conference Room
Time: 6:00 P.M.
If a person decides to appeal any decision made by the Historic Preservation Board with
respect to any matter considered at this meeting or hearing, such persons will need a
record of these proceedings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made. Such 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.
I. CALL TO ORDER (Roll Call)
I1. APPROVAL OF MINUTES
· October22, 1997
II1. PUBLIC HEARING ITEMS
Variance Request 88-49
24 Marine Way, Marina Histodc District. Eugenia DePonte, Owner.
Requesting Relief from LDR Section 4.3.4(K) Pertaining to Rear Setback
Requirements in the RM (Medium Density Residential) Zoning District.
CERTIFICATES OF APPROPRIATENESS
A. COA-274 Continuation, The Check Cashing Store, 48 West Atlantic
Avenue, John Szerdi, Authorized Agent.
Non-Impacting Site Plan Modification for the 14-Space East
Parking Lot Associated With the New Construction of the Check
Cashing Store.
Opposed:
Joan & Richard Raab, 50 Palm Square (Letter)
Janet Alexander, 33 Palm Square
As there, was no one else wishing to speak the Chairpe~ .r.s_on clo~sed the Public
Hearing.
It was moved by Mr. Johnson, seconded by Ms. Diggans and passed 5-0 to
approve Variance 88-49 based upon positive findings with respect to LDR
Section 4.5.1 (J)(a)(b)&(d).
At this point on the agenda Shelley Treadwell with the Community Redevelopment Agency
showed the Board renderings and gave them a brief explanation of the proposed street
scape plans for the West Atlantic Avenue Guidelines.
IV. CERTIFICATES OF APPROPRIATENESS:
A. COA 274 Continuation: The Check Cashing Store, 48 W. Atlantic Avenue.
John Szerdi, Authorized Agent.
~. Item .Before the Board: The action requested of the Board is that of approving
· "'~; ¥":;i~ a COA for a non-impacting site plan modification for the 14 space east parking
";:~.! ...~'"'/?~i': ~ lot, associated with new construction of the Check Cashing Store.
.: :~:~..?~.~' It was moved by Ms. Hudburt, seconded by Ms. Diggans and passed 5-0 to
~:.i'~ i::~~ approve COA 274 Continuation for a waiver to LDR Section 4.6.16(H)(3)(d) to
~ · allow a reduction of the perimeter landscape strip width from the required 5' to
2.5' along the east property line, based upon positive findings with respect to
Section 2.5. I(E) "Development Standards".
It was moved by Mr. Johnson, seconded by Ms. Diggans and passed 3-2
(Keller &Tumer dissenting) to deny COA 274 Continuation for the non-
impacting site plan modification for the 14 space south parking lot, based
'upon failure to make positive findings to LDR Section 4.5.1(E) "Development
Standards".
B. COA 328: The Masonic Lodge Building, 40 E. Atlantic Avenue, Contributing
Commercial Structure, Old School Square Historic District. Michael Weiner,
Owner.
Item Before the Board: The action requested of the Board is that of approving
a COA for renovations to the extedor of the building, including a parking area
in the rear.
- 2 - ~'~ ~~11~/97
MEMOR~ND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF NOVEMBER 18, 1997
FINAL BOUNDARY PLAT/HEGSTROM PROPERTY
DATE: NOVEMBER 14, 1997
This is before the Commission to consider approval of the
Hegstrom boundary plat which creates two lots on property located
on the north side of N.E. 22nd Street, approximately 450 feet
east of Seacrest Boulevard. The stated intent is to construct a
duplex on each lot, for a total of four units.
At the Commission meeting of October 21, 1997 Commissioner
Schmidt stated his concern about the appropriateness of two
duplexes in this area on N.E. 22nd Street, particularly in light
of the Seacrest neighborhood plan that is being developed and the
fact that all of the lots similar to these are going to be
proposed for rezoning to R-1AA Single Family.
The Commission postponed consideration of the final boundary plat
for the Hegstrom property so that a Quasi-Judicial proceeding
could be held to give the Seacrest Homeowners Association an
opportunity to address this matter.
Attached is the staff report from the Planning and Zoning Board.
Recommend Commission discretion.
TO: DAVID T. HARDEN
CITY MANAGER (~ ~ ~Vt/t~
SENIOR PLANNER
SUBJECT: NOVEMBER 18, 1997 MEETING - HEGSTROM BOUNDARY PLAT
The action requested of the City Commission is that of consideration of a
proposal to subdivide a 0.64 acre parcel of land located on the north side of
NE 22nd Street, approximately 450 feet east of Seacrest Boulevard. The
proposed boundary plat seeks to create two duplex lots.
The property in question was annexed into the City in 1988 as a part of Enclave #5. At
that time the property had a county zoning designation of RS-Single Family Residential.
This property and an additional parcel to the west were given a City zoning classification
of RL (Multiple-Family Residential - Low Density). The stated reason for this designation
was to create a buffer between the existing commercial development to the west and the
single family area to the east. However, there are some inconsistencies in this rationale.
First, the commercial zoning is NC (Neighborhood Commercial), not GC-General
Commercial. The neighborhood commercial zone is used to accommodate limited retail
and services uses in a manner convenient to yet not disruptive of residential areas. The
existing commercial use adjacent to the RL zoning district is a Iow intensity dance studio
and was so at the time of annexation. Secondly, the four properties located immediately
north of the subject property are zoned R-l-AA (Single Family Residential). The R-l-AA
district extends to the western boundary of the NC - Neighborhood Commercial zone, and
there is an existing single family house adjacent to the commercial development.
The subject property currently contains a single family house and a beauty shop. Both of
these uses are situated on the western portion of the lot. The eastern portion of the lot is
currently vacant. The proposal is to subdivide the parcel into two lots. The stated intent is
to construct a duplex on each lot, for a total of 4 units. The proposed plat does not
subdivide the parcel evenly. Instead, it creates a large lot to the west, with 108 feet of
frontage, and a smaller lot to the east, with only 81.1 feet of frontage. Although the
purpose of this arrangement has not been disclosed, the arrangement would allow the
single family residence to the west to remain while the eastern lot is developed.
City commission Documentation
Hegstrom Boundary Plat
Page 2
While the subdivision of the property would result in lot sizes that are compatible with
other lots in the area, the stated intent to construct duplexes is inconsistent with the
existing development pattern. The property is surrounded on the north, south and east by
owner-occupied (93%) detached single family homes, which are zoned R-l-AA. The
property to the west is zoned RL, but it also contains a single family home. The residential
density of this area is 5.0 units per acre with an average lot size of 8,712 sq. feet.
The following policy of the Housing Element of the adopted Comprehensive Plan applies:
Policy C-2.4 Development of remaining vacant properties which are zoned
for residential purposes shall be developed in a manner which is consistent
with adjacent development regardless of zoning designations. These
policies shall be implemented through the review process associated with
platting and site plans and shall be effective immediately.
It is also noted that a Neighborhood Plan is being prepared for the Seacrest/Del-lda Park
Neighborhood that contains language to rezone the RL and RM Multiple Family districts
within the neighborhood to Single Family. The Neighborhood Plan will be considered by
the Planning and Zoning Board in December, and is intended to be presented to the City
Commission for adoption in January. If approved, the zoning changes that are
recommended in the Plan will be processed. The proposed development of the property
as duplex units is counterproductive to this effort.
The Seacrest Homeowner's Association met on November 10, 1997 to discuss the
proposed neighborhood plan. The association is a major voice in the effort to rezone the
multiple family areas in order to start changing the character of the neighborhood. The
association specifically discussed the Hegstrom proposal, and was opposed to any new
duplex units in the neighborhood. The objection mainly related to the project not being
harmonious with adjacent properties. The association felt that subdivision to
accommodate an additional single family house would be the only acceptable
development proposal on the site.
1. Continue with Direction.
2. Approve the Plat.
3. Deny the plat based on failure to make positive findings with respect to Policy C-2.4 of
the Housing Element of the Comprehensive Plan.
City Commission Discretion.
Attachments:
Location Map
· Reduction of Proposed Plat
· Map of Seacrest/Del-lda Neighborhood with proposed rezonings
LLJ lllll IJ LIIIl'lJ II IIIIJ!,ll/ III
s,w. 36T, AVE GULF STREAM BOULEVARD
PRESBYTERIAN
CHURCH & [
CHRIST/AN OULF STREAM DRIVE
N.W. 25TH CT. SCHOOL
N.W. 25TH ST.
TENNIS
COUR TS
N.W. 24TH CT. AQUACREST
POOL
FOOTBALL
FIELD
N.E 22ND LANE
UNITY CHURCH
AND
ELEMENTARY
SCHOOL
--
N.W, 22ND STREET PINE RIDGE RD. N.E.
N.E. 21ST ST.
DELRA Y
SWAP SHOP
N.E, 20TH ST,
N.E. 19TH S~EET
EL EMEN TAR Y
ROYAL
PALM
BLVD.
N.W. 15TH ST.
N.E. 15TH ST,
LAKE AVENUE N.
HEATHER LAN
N
~ HEGSTROM PROPERTY
CItY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIGITAL ~A~ 1dAP ~'~T~M -- MAP REF: LM189
R-l-AA /
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..... CD ..........
N SEACREST/DEL-IDA PARK NEIGHBORHOOD I,oo. o o~P.,C sc^L6 ,ooo'l
CITY OF' DELRAY BEACH. FL -- PROPOSED ZONING - 200' '
PLANNING & ZONING DEPARTMENT ~ m~m STUOY ~ ~
-- o/~/r~ ~SE ~ s~r~ -- ~ ~ .. r~o[~ o~.~
Appearance Board during the period~tober 6 through October 17,
1997.
8.N. AWARD OF BIDS AND TS:
1. Contract r~/newal in the total annual amount of
-- $31,200~o/U.S. Filter/Davis Process for mainte-
nances1 wet scrubbers at Lift Stations 1, 4, 11 &
80/th funding from 441-5144-536-52.21.
Mr. S~hmidt moved to approve the Consent Agenda, as
amended, seco)~ded by Mr. Egan. Upon roll call the Commission
voted as foj~ows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt -//Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion ~ssed with a 5 to 0 vote.
9.AA. FINAL PLAT APPROVAL/HEGSTROM BOUNDARY PLAT: Approve
the Hegstrom boundary plat which creates two duplex lots on
property located on the north side of N.E. 22nd Street.
Mr. Schmidt stated that he removed this item from the
consent agenda because of his concern about the appropriateness
of two duplexes in this area on N.E. 22nd Street, particularly in
light of the Seacrest neighborhood plan that is being developed
and the fact that all of the lots similar to these are going to
be proposed for rezoning to R-1AA Single Family in an effort to
do away with duplexes because I think we acknowledge that they
have probably at the root of the problem along N.E. 3rd Avenue.
He stated he would propose postponing this matter for the purpose
of holding a quasi-judicial proceeding at a future meeting to
give the Seacrest Homeowners Association in particular an oppor-
tunity to address this matter since he felt the association
members were probably not aware that this item was on the agenda.
After discussion, Mr. Schmidt moved to postpone consid-
eration of the final boundary for the Hegstrom property to the
November 18, 1997, for the purpose of holding a quasi-judicial
hearing on the matter, seconded by Mr. Egan. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
9.AAA. RULES AND REGULATIONS OF THE HISTORIC PRESERVATION
BOARD: Approve the Rules and Regulations of the Historic Preser-
vation Board, as revised and adopted by the Historic Preservation
Board on June 18, 1997.
Mr. Ellingsworth noted that under Section 7., "Deci-
sions'', it indicates that the Chair votes last, and suggested
that the roll call votes be done on a rotating basis the same as
is done by the Commission. It was the consensus of the Commis-
sion to support this change. Mayor Alperin then questioned
Section 4., "Absences", where it provides that a board member
absent from three consecutive regular meetings shall constitute
an automatic resignation, unless said absence is due to illness
-5- 10/21/97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IVlJ~AGER~b/{
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 21, 1997
FINAL BOUNDARY PLAT/HEGSTROM PROPERTY
DATE: OCTOBER 17, 1997
This is before the Commission to approve the final boundary plat
for two duplex lots located on the north side of NE 22nd Street
for William and Grace Hegstrom.
All applicable permits have been received and staff comments
addressed.
Recommend approval of the Hegstrom final boundary plat.
/73ou~o d~ ~ ~u3~ ,~9~;a,9 aa ,'le,-n 9.,~,~.
Agenda Item No. DH
AGENDA REOUEST
Date: Oct. 3, 1997
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: Oct. 21, 1997
Description of item (who, what, where, how much): Approval of the
Heqstrom Boundary Plat. All applicable permits have been received and
staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Hegstrom Boundary
Plat.
Department head signature: ~~~ ~ I°/~f~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
BC/gm
File: tac-hegstrom
agenda.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barron Car°nite~i'7~ ~ ,)'; ~,~
Engineer I ~,/',., ~
SUBJECT: HEGSTROM BOUNDARY PLAT
DATE: October 3, 1997
Attached is an agenda request for Commission approval of the Hegstrom Boundary Plat.
The proposed plat seeks to create two duplex lots. Planning and Zoning Board approval
of the plat is not required. Also attached is the location map and reduced copy of the plat.
If acceptable, please place this item on the October 21, 1997 Commission meeting for
Commission approval.
BC/gm
attachment
cc: TAC-HEGSTROM BOUNDARY PLAT
Paul Dorling, Principle Planner
file: s/eng/eng/tac/hegstrom/fnlpltsb.doc
CITY of DELRAY BEACH ~:~o-oo-oo
EN~RONMENTAL SERVICES DEP~TMENT ~ HEGSTROM BOUNDARY P~T
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ -
SUBJECT: AGENDA ITEM # ~ - MEETING OF NOVEMBER 18, 1997
REQUEST FOR REIMBURSEMENT FROM EPOCH, INC.
DATE: NOVEMBER 14, 1997
This is before the Commission to consider a request from EPOCH,
Inc. (Expanding & Preserving Our Cultural Heritage) for 50
percent reimbursement ($270.00) of expenses incurred by board
members attending the Florida Historic Preservation Advisory
Council meeting to present EPOCH's grant request for the Spady
House project.
At its meeting of April 1, 1997, the Commission authorized
$10,000 for planning services for the Spady House with the CRA
pledging a match of $10,000.00. Since the City had not been
given either a budget or a detailed work program, the $10,000 was
made available with all contracts entered into and expenditures
involved being subject to advance approval by the City Manager.
As of November 4, 1997 the City had paid $7,189.03 as its share
of planning services.
The reimbursement requested by EPOCH does not fall under the
"planning services" previously approved. There is money
available, however, from the $10,000 originally agreed upon.
Recommend Commission discretion.
CITY MANAGER'S CIFFIciz
, /~%"I.
,
D[LRAY 8~ACH
~ ~ ~ 1 ~ .o~
310 N.W. 2nd Avenue
Delray Beach. Florida 33444-2722
Future Home of
S.D. Spady Cultural Arts Museum
EPOCH HISTORICAL ORGANIZATION
October 26, 1997
Mr. David Harden
City Manager of Dekay Beach
100 NW 1st Ave.
E Delray Beach, F1 33444
Expanding
Dear Mr. Harden:
The Board Members of EPOCH are asking for your support in reimbursing
& us for the trip to lobby for the financial reward from the Florida Historic
Preservation Advisory Council in September of this year. The CRA has
supported us by their payment of 50% of the total reimbursements.
P The attached receipts indicating the money spent and request for
Preserving reimbursements. Listed below are the Board members receipts itemized:
Ms. Vera Farrington ...... $151.15 2 nights at the DoubleTree Hotel
Mr. C. Spencer Pompey --- $148.15 2 night at the DoubleTree Hotel
O Ms. Carmelita A. Smith .... $128.00 Air Fare
$ 73.70 1 night at the DoubleTree Hotel
Our $ 14.60 Yellow Cab Tallahassee Airport
$ 8.43 Meal
$ 16.00 Parking Miami Airport
C TOTAL $540.03
Cultural
Please make check payable to EPOCH, Inc. in the amount of $270.00
Thank you for your consideration in this matter.
Sinc~r, ly,
Heritage
Ms. Vera Farrington, President
EPOCH, Inc.
DOUBLETREE
HOTEL'
TALLAHASSEE
101 South Adams Street 904-224-.~00
Tallahassee, Florida FAX (904) 513-9.5
". 09/16/97 09/18/97 2 CBANK GOVS
....... '-~'.'-~ FARRINGTON, VERA 53961~.008015971/ Ag~ 11:03 MPP 1/0
.~[kn NW 2ND AVE
VERA SAR~ r NGTON
Dm[..RAt BE~C~ ~L 33444 .... :escr.'..a~ior,: :?]~- .='"g:~.J-~ z.,-,
0916 411 iXX' 488-. ~,'-~ ~"°' .75 ' ' -'. .75
0916 41! . '*- .175 ?' : 1, 50
0916 '
0916 ~ ..;411 ?~-"::.~:'7~'895 .,. ~5 :~: ..,._ 3
09~6 .... i~i4 :< 7~:?i~' .
- · i 6.70 76 70
0916 81~ RWM ROOM TAX
0917 411 li2 XXX. ':.'487'511a.~k .75 77.45
~917 114 BEY DIBCOUNT ROOM 67.00 144.45
0917 811 BEY ROOM TAX
0918 914 TLB VISA/MASTERCARD -151. 15 ·
TOTAL :~' . 00
I AGREE THAT MY UABIUTY FOR THIS BILL IS NOT WAIVED AND AGREE TO BE
HELD PERSONALLY LIABLE IN THE EVENT THAT THE INDICATED PERSON,
COMPANY OR ASSOCIATION FALLS TO PAY THE FULL AMOUNT OF THESE
CHARGES.
· * I- GUEST SIGNATURE
DOU LETI EE
HOTEL'
TALLAHASSEE
101 South Adams Street 904-2:
Tallahassee, Florida FAX (904) 513-951
.... -- -* :--', -:, . z .... 310 NW 2ND AVE ** DEPARTED **
VERA SARRINGTON
DELRAY BEACH FL 33444 Reservation: QQ- 51664-1
0916 411 641XXX ~561-276
0916 11 ~ RWM
< f:67:00": ' 67.75
0916 811-'' '-" RWM '~OOM TAX : - X 6.70 74.45
0917 114 BEY DIgCOUNT RO0~ 67.00 141. '~
0917 811 BEY ROOM TAX 6,70 148,
0918 914 MPP VIBA/MABT£RC~RD -148.15 .00
TOTAL .00
I AGREE THAT MY UABILiTY FOR THIS BILL IS NOT WAIVED AND AGREE TO BE
HELD PERSONALLY UABLE iN THE EVENT THAT THE INDICATED PERSON,
COMPANY OR ASSOCIATION FAILS TO PAY THE FULL AMOUNT OF THESE
CHARGES,
GUEST SIGNATURE i -.:'
'
DOUBLETREE
HOTEL'
TALLAHASSEE
South Adams Street 904-224- ~
Tallahassee, Florida FAX (904) ~ 13-95i6
· 67.00 09/17/97 f97 3341 I~ GOVS 11 MPP 1
,.. .... '.',.. ,~'~-SMITH, CARMELITA 53290~tglZ~.0960 0598 06:34 CJT 1/0
DEL ~¢lPV ~EAC'H FL 33445 R~servation:
3917 114 BEY DIb"COUNT ROOM i. :~ ~7.00 .' - ... 67.1~
3917 811 BEY ROOM TAX 6.78 : .... 73.70
~ 18 914 MPP - "' =737-'_-~ .00 .: ,_: :.
TOTAL ' ':' - .00 ~' :"
I AGR~ ~AT ~ UAffi~ F~ ~ BI~ · ~T W~ ~O AGUE TO BE
HELD PERi,ALLY LIABLE IN ~E E~ ~T ~E I~CATEO PERS08,
COMPANY OR A~IA~ON F~LS TO PAY THE FU~ ~U~ ~ THESE
C~ES. ~,.
GUEST SIGNATURE
121 N.E. Fifth Ave., Delray Beach, FL 33483 PAGE NO. 1
AM!TH/C~MELITA
A WE 17SEP LV MIAMI 805A US AIRWAYS 5497V OK
AR TALLAHASSEE 950A OSTOF' PRP
OPERATED BY US AIRWAYS EXPRESS
A TH 18SEP LV TALLAHASSEE 1015A US AIRWAYS 5497V OK
AR MIAMI 1200N- OSTOP'PRP
OPERATED BY US AIRWAYS E,~PRESS
T I CKET NUMBER ( S ): 0371538377539
AIR FARE 110.92
TAX 17.08
TOTAL AIR FARE 128.00
AMOUNT CHARGED 128. O0
THIS AMOUNT WILL BE CHARGED TO CREDIT CARD: I K 5424 1802 3364 8481
THANK YO~'~ FOR YOUR BUSINESS
' ' ' ' A-AIR H-HOTEL C.C,&R CLASS: F. F~FIRST Y.B.O. H-COACH STATUS. OK-CONFIRMED
T-TOUR ~SURFACE J. C-BUSINESS M, K. V.L.COACH WL-WAIT LIST
~ V-OTHER TRAVEL SERVICE ~ ~STANDARD R(~REQUEST
~r.':,r'--r-~,.£,,~,,z,,..z., ( 17.0~.97 0~;'.28 1100'2 02
(~ -"W 0", ~', ¢'r' ~'~ [C~ '.£~ ~, '.~0 _.J [ DAY MO YR TIME AMOUNT
'~' '~,l '~b:, ~I.W~
~, .09.~? 11:0~ Ol&.O0
-- ~ MIAMI I~ERNA~ONAL ~RPORT M
/
[ITY OF DELRIIY REA[II
CITY ATTORNEY'S OFFICE::.~,..~,:.~.,,.~~'~' ~'"' ~:'~ .,., ~,~ ~ :...~ ~.-.~ ~"'""~' ~ ~'~' ~'~'~:~"~ ~^~'~' ~'°~"' ~""
W~ter's Direct L~e: (561) 243-7~
D~RAY B[ACH
AIl.lmedca City ~MO~~
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant Ci~ Attom~
SUBJECT: Proposed Bill Author~ing DDA Expansion and Associated Amendments
The attached bill contains the amendments approved at the November 4, 1997 City
Commission meeting. One other amendment not previously discussed is included in
Section 4(b). In the event the referendum passes, the two new DDA Board members
would be appointed on the July 1st following the referendum. The July 1st date is
consistent with the current requirement that all DDA Board member appointments occur
on July 1st.
The other amendments, other than the expansion area, include increasing the Board from
five to seven members, increasing the number of affirmative votes needed to approve an
action from three to four, increasing the number of Board members who must own
property, pay property taxes or be an officer or director of a company paying property
taxes in the Downtown Area from three to four, and authorizing the DDA to participate
in programs to promote economic development in the Downtown.
If Commission authorizes the presentation of the bill, the bill will be presented to the
local legislative delegation at its December 10, 1997 meeting. Please call if you have
any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Selma Kleinman, DDA
Michael Listick, DDA Chairperson
ddabill 1.dnt
1 A bill to be entitled
2 An act relating to the Delray Beach Downtown Development Authority,
3 Palm Beach County; amending Section 1, Chapter 94-476, Laws of
4 Florida by amending the Downtown Development Authority area
5 description to provide for inclusion of properties west of Swinton Avenue
6 westward of the current Downtown Development Authority area to
7 include those properties lying approximately south of N.W. 1 st Street, and
8 properties lying north of S.W. 1st Street, bounded generally on the west by
9 Interstate 95, all such properties lying within the municipal boundaries of
l0 the City of Delmy Beach; amending Section 4, Chapter 71-604, Laws of
11 Florida to provide for seven members on the Board for the Delray Beach
12 Downtown Development Authority; amending Section 4, Chapter 71-604,
13 Laws of Florida, to provide that four members of the Board of Directors of
14 the Delray Beach Downtown Development Authority shall be owners of
15 realty within the Downtown Area, a lessee required by the lease to pay
16 taxes, or a director, officer, or managing agent of an owner or of a lessee
17 thereof so required to pay taxes thereon. Amending Section 5, Chapter 71-
18 604, Laws of Florida, to require at least four affirmative votes of the
19 authority to take any action; amending Section 6, Chapter 71-604, Laws of
20 Florida, to provide for authorizing the Authority to actively participate in
21 plans and programs to encourage economic development and the
22 promotion of downtown; providing that this act will become effective
23 upon becoming a law and upon approval at a referendum election.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
1 Section 1. Section 1 of Chapter 94-476, Laws of Florida, is
2 amended to read:
3 (Substantial rewording of section. See Section 1 of Chapter 94-476, Laws
4 of Florida for present text.)
5 Section 1. DOWNTOWN AREA DESCRIPTION.
6 The Downtown area includes all lands lying within
7 boundaries described as:
8 Beginning at a point on the intersection of the High Water
9 Mark of the Atlantic Ocean and the easterly projection of
10 the north line of the south half of Lot 13, Plat of the
11 Fractional East Half Section 16, Township 46 South, Range
12 43 East (according to the plat thereof as recorded in Plat
13 Book 1, page 25 of the Public Records of Palm Beach
14 County, Florida); thence in a westerly direction along said
15 easterly projection, and the north line of the south half of
16 said Lot 13. and the westerly pro_iection thereof, to the
17 centerline of the right of way for Andrews Avenue; thence
18 southerly along said centerline to the easterly projection of
19 the south property line of the Beach Cabanas Condominium
20 Cc, nde,; thence westerly along said easterly pro_iectiort, and
21 said south property line to the west property line of the
22 Beach Cabanas Condominium; thence northerly ~
23 west property line of said Beach Cabanas Condominium to
24 the south property line of the Grove Condominium; thence
25 westerly along said south property_ line to the east plat limit
26 of Seabreeze Park Subdivision (according to the plat
27 thereof as recorded in Plat Book 4, Page 31 of the Public
2
1 Records of Palm Beach County, Florida); thence north
2 along said east plat limit to the northeast comer of Lot 21,
3 of said Plat of Seabreeze Park; thence westerly along the
4 north line of said Lot 21 and the westerly projection thereof
5 to the west plat limit of Seabreeze Park; thence southerly
6 along said west plat limit to the southeast comer of Lot 29,
7 Lowry Park Estates (according to the plat thereof as
8 recorded in Plat Book 24, Page 156 of the Public Records
9 of Palm Beach County, Florida); thence in a northwesterly
10 direction to the southwest comer of said Lot 29; thence
11 continuing along the extension of said line to the
12 intersection with the west fight of way line of East Road (as
13 shown on the said plat of Lowry Park Estates); thence
14 southwesterly along said west right of way line to the
15 northeast comer of Barr Terrace Condominium Ccn~c;
16 thence southerly along the east property line of the Barr
17 Terrace Condominium Cc. ndo and the southerly extension
18 thereof to a point of intersection with the south fight of way
19 line of East Atlantic Avenue (also known as State Road
20 806); thence westerly along said south fight of way line of
21 East Atlantic Avenue to the intersection of the centerline of
22 the Intracoastal Waterway fight of way; thence northerly
23 along said centerline of the Intracoastal Waterway to the
24 intersection with the easterly projection of the centerline of
25 N.E. 1st Street fight of way; thence westerly along said
26 easterly projection, and of the centerline of N.E. 1st !
27 Street right of way to it poinl[ of intersection with the
3
1 southerly projection of the west line of Lot 20, Block 115,
2 Town of Linton (according to the plat thereof as recorded in
3 Plat Book 1, Page 3 of the Public Records of Palm Beach
4 County, Florida); thence northerly along said southerly
5 projection of the west line of said Lot 20 to the southwest
6 comer of said Lot 20; thence northerly along the west lot
7 lines of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, and 11 of
8 said Block 115 to the northwest comer of Lot 11, of said
9 Block 115; thence northerly along the northern projection
10 of the west line of said Lot 11 to the southwest comer of
11 Lot 20, Block 114, said plat of the Town of Linton
12 (according +~.,. +~'~...~ ~..~.~+ +~'~.,..~v.c ~ reezrdefl in..r'~t.~ Ec.c,k 1.
14 m~.aa,,~...----~-~, thence northerly along the west line of Lots 20,
~5 19, 18, 17, 16, 15, 14, 13, 12 and Lot 11 of said Block 114,
16 to the northwest comer of Lot I 1, of said Block 114; thence
17 northerly along the northern projection of the west line of
18 said Lot 11 to the southwest comer of Lot 14, Block 113,
19 Highland Park (according to the plat thereof as recorded in
20 Plat Book 2, Page 79 of the Public Records of Palm Beach,
21 Florida); thence northerly along the west line of Lots 14,
22 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Block 113
23 to the northwest comer of Lot 1, of said Block 113; thence
24 northerly along the northern projection of the west line of
25 said Lot 1 to the intersection with the centerline of the fight
26 of way of N.E. 4th Street; thence westerly along said
27 centerline of N.E. 4th Street to the centerline of the fight of
4
1 way of N.E. 1st Avenue; thence southerly along said
2 centerline of N.E. 1st Avenue to the intersection with the
3 centerline of the right of way of N.E. 3rd Street; thence
4 easterly along said centerline of N.E. 3rd Street to the
5 intersection of the northern projection of the east property
6 line of Lot 1, Block 74, plat of the Subdivision of Block 74
7 (according to the plat thereof as recorded in Plat Book 11.
8 Page 12 of the Public Records of Palm Beach. Florida);
9 thence southerly along said pro_iection, to the northeast
10 comer of Lot 1 of said plat of the Subdivision of Block 74;
II ; thence southerly along the east line of Lots 1, 2, 3, 4, 5, 6,
12 7, 8, 9, 10, 11, and 12, and the southerly projection of the
13 east line of Lot 12 of said pl0t of the Subdivision of Block
14 74 to the northeast comer of Lot 1, Block 75, said plat of
15 ~he Town of Linton; thence southerly along the east line of
16 Lots 1, 2, 3, 4, 5, and 6, ~oid Block 75, to the northeast
17 comer of Lot 7 of said Block 75; thence westerly along the
18 north line of Lot 7, Block 75 and the westerly projection of
19 said north line of Lot 7, Block 75, to the centerline of the
20 N.E. 1st Avenue right of way; thence southerly along said
21 centefline of N.E. 1st Avenue right of way to its
22 intersection with the centefline of N.E. 1st Street; thence
23 westerly along said centerline of N.E. 1st Street to the
24 intersection with the centefline of the Swinton Avenue right
25 of way and N,W. 1st Street: thence in a westerly direction
26 along the centerline of N.W. 1st Street to a point of
27 intersection with the centerline of N.W. 3rd Avenue: thence
5
1 in a southerly direction along the centerline of N.W. 3rd
2 Avenue to a point of intersection with the easterly
3 extension of the north lot line of Lot 6. Revised Plat of
4 Block 36. Plat Book 5. Page 38. as recorded in the public
5 r~ords of Palm Beach County_. Florida; thence in an
6 westerly direction along said extension, and the north line
7 of said Lot 6. and the westerly extension thereof, to a point
8 of intersection with the centerline of the north/south alley
9 of said Revised Plat of Block 36: thence in a northerly
10 direction along said centerline to a point of intersection
11 with the easterly extension of the south line of Lot 21. of
12 said Revised Plat of Block 36: thence in a westerly
13 direction along said extension line. and the south line of
14 said Lot 21. and the westerly extension thereof, to a point
15 of intersection with the centerline of N.W. 4th Avenue:
16 thence in a northerly direction along said centerline to a
17 point of intersection with the centerline of N.W. 1 st Street;
18 thence in a westerly direction along the centerline of N.W.
19 1st Street to a point of intersection with the southerly
20 extension of the centerline of the north-south alley of Block
21 27. said plat of the Town of Linton (north half of block has
22 since been replatted to the Plat of Resubdivision of Block
23 27. Plat Book 21. page 43. as recorded in the Public records
24 of Palm Beach County_. Florida): thence in a northerly
25 direction along said extension line. and said centerline of
26 the north-south alley, and the northerly extension of said
27 centerline to point of intersection with the centerline of
6
1 N.W. 2nd Street: thence in a westerly direction along the
2 centerline of N.W. 2nd Street to a point of intersection with
3 the northerly extension of the west line of Lot 1. Plat of
4 Melvin S. Burd Subdivision. Plat Book 11. Page 73. as
5 recorded in the public records of Palm Beach County_,
6 Florida: thence in a southerly direction along said
7 extension, and west lot lines of Lots 1.2. 3.4. 5. 6. 7. and
8 8, said Plat of Melvin S. Burd Subdivision. to a point at the
9 south west comer of said lot 8: thence in a westerly
10 direction along the westerly extension of the south line of
I 1 sai~l Lot 8. and the south lille of Lot 16. said Plat of Melvin
12 S. Burd Subdivision. to a point of intersection of a line 135
13 feet east of and parallel with. the west line of Block 19. said
14 plat of the Town of Linton: thence in a southerly direction
15 along said parallel line to a point of intersection with a line
16 135 feet north of and parallel with. the south line of said
17 Block 19; thence in a westerly direction along said line to a
18 point of intersection with a line 165 feet west of and
19 parallel with. the east line of said Block 19: thence in a
20 ~outherly direction along said line. and southerly extension
21 thereof, to a point of intersection with the centerline of
22 N,W. 1st Street: thence in a easterly direction along said
23 centerline to the point of intersection with the northerly
24 extension of a line 135 feet east of and parallel with. the
25 w¢~t line of Block 20. said plat of the Town of Linton:
26 thence in a southerly direction along said extension and
27 parallel line to a point of intersection with a line 300 feet
7
1 south of and parallel with. the north line of said Block 20:
2 thence in westerly direction along said parallel line to a
3 point of intersection with the west line of said Block 20:
4 thence in a westerly direction to a point at the southeast
5 comer of Lot 17. Block 12. of the Plat of the Monroe
6 Subdivision. Plat Book 14. Pace 67. as recorded in the
7 public records of Palm Beach County. Florida: thence in
8 westerly direction along the south line of said Lot 17. and
9 westerly extension thereof, to a point of intersection with
10 the centefline of the north-south alley of said Block 12.
! ! Monroe Subdivision: thence in a northerly direction along
12 $~id centerline to a point of intersection with the easterly
13 extension of the north line of Lot 26. of said Block 12.
14 Monroe Subdivision: thence in a westerly direction along
15 said extension, and north line of said Lot 26. and westerly
16 ~;tension thereof, to a point of intersection with the
17 c~nterline of N.W. 7th Avenue: thence in a southerly
18 direction along said centerline to a point of intersection
19 with the easterly extension of the south line of Lot 17.
20 Block 4. said Plat of Monroe Subdivision: thence in a
21 westerly direction along said extension, and the south line
22 of said Lot 17. and the westerly extension thereof, and the
23 south line of Lot 26 and 25. Block 4. said Plat of Monroe
24 Subdivision. and the westerly extension of said Lot 25 to a
25 point of intersection with the centerline of N.W. 8th
26 Avenue: thence in a northerly direction along said
27 centerline to a point of intersection with the easterly
8
1 extension of the south line of the Plat of West Side Height~
2 Plat Book 13. Page 61. as recorded in the public records of
3 Palm Beach County.. Florida: thence in an westerly
4 direction along said extension, and the south line of said
5 Plat of West Side Heights. and the westerly extensiorl
6 thereof, to a point of intersection with the centerlin~ of
7 N.W. 10th Avenue: thence in a southerly direction along
8 said centerline to a point of intersection with the easterly
9 extension of the north line of Lot 11. Block 2. Plat of
I0 Atlantic Pines. Plat Book 13. Page 77. as recorded in the
11 public records of Palm Beach County.. Florida: thence in a
12 westerly direction along said extension, and the north lin~,
13 of said Lot 11. and the westerly extension of the north line
14 of said Lot 11. and the north line of Lot 30. of said Block 2,
15 and the westerly extension of the north line of Lot 30 to a
16 point of intersection with the centerline of N.W. l lth
17 Avenue: thence in an westerly direction to a point at the
18 northeast comer of Lot 14. Block 1. said Plat of Atlantic,
19 Pines: thence in a westerly direction along the north line of
20 said Lot 14. and the westerly extension thereof to a point 9f
21 intersection with the centerline of the north-south all~y in
22 Block 1. said Plat of Atlantic Pines: thence in a southerly
23 direction along said centerline to a point of intersection
24 with the easterly extension of the north line of Lot 34. of
25 said Block 1: thence in a westerly direction along said
26 extension, and the north line of said Lot 34. and the
27 westerly extension thereof, to a point of intersection with
9
1 the centerline of N.W. 12th Avenue: thence in a southerly
2 direction along said centerline to a point of intersection
3 with the easterly extension of the south line of Lot 21.
4 Block 1. Plat of Atlantic Park Gardens. Plat Book .14. Page
5 56, as recorded in the public records of Palm Beach
6 County. Florida: thence in a westerly direction along saint
7 extension, and south line of said Lot 21. and westerly
8 extension thereof, and the south line of Lot 12. Block 1.
9 said Plat of Atlantic Park Gardens. and the westerly
10 extension thereof, to a point of intersection with centerline
11 of N.W. 13th Avenue: thence in a westerly direction to a
12 point at the southeast comer of Lot 12. Block 1. Plat of
13 Odmanns Subdivision. Plat Book 4. Page 53. as recorded in
14 the public records of Palm Beach Coun .ry. Florida: thence
15 in a westerly direction along the south line of said Lo~; 12.
16 and the westerly extension thereof, and the south line of Lot
17 21. Block 1. said Plat of Odmanns Subdivision. to a point
18 at the southwest comer of said Lot 21: thence in a
19 southerly direction to a point at the northwest comer of Lot
2o 21. Block 4. said Plat of Odmanns Subdivision: thence in a
21 easterly direction along the north line of said Lot 21. and
22 the easterly extension thereof, and the north line of Lot 12.
23 said Block 4. and the easterly extension thereof, to a point
24 of intersection with the centerline of S.W. 13th Avenue:
25 thence in a easterly direction to a point at the northwest
26 comer of Lot 12. Block 2. said Plat of Atlantic Park
27 Gardens: thence in a easterly direction along the north line
10
I of said Lot 12. and the easterly extension thereof, and the
2 north line of Lot 21. of said Block 2. and the easterly
3 extension thereof, to a point of intersection with the
4 centerline of S.W. 12th Avenue: thence in a southerly
5 direction along said centefline to a point of intersection
6 with the westerly extension of the south line of Lot 13.
7 Block 5. Plat of Atlantic Gardens. Plat Book 14. Page 63.
8 as recorded in the public records of Palm Beach {~ounty.
9 Florida: thence in a easterly direction along said extension.
10 and the south line of said Lot 13. and easterly extension
11 thereof, and the south line of Lot 22. and the easterly
12 extension thereof, to a point of intersection with centerline
13 of S.W. 1 lth Avenue: thence in a southerly direction along
14 said centerline to a point of intersection with the westerly
15 extension of the south line of Lot 15. Block 8. said Plat of
16 Atlantic Gardens: thence in a easterly direction along said
17 extension, and the south line of said Lot 15. and the easterly
18 extension thereof, and the south line of Lot 24. of sai(;1
19 Block 8. and the easterly extension thereof, to a point of
20 intersection with the centerline of S.W. 10th Avenue:
21 thence in a easterly direction to a point at the southwest
22 comer of Lot 10. Block 1. Plat of Belair Heights. Plat Book
23 20. Page 45. as recorded in the public records of Palm
24 Beach County. Florida: thence in a easterly direction alone
2s the ~outh line of said Lot 10. and the easterly extension
26 thereof, and the south line of Lot 19. of said Block 1. and
27 the ~asterly extension thereof, to a point of intersection
11
I with the centerline of $,W. 9th Avenue: thence in ~
2 southerly direction along said centefline to a point of
3 intersection with the westerly extension of the south line of
4 Lot 6. Block 2. said Plat of Belair Heights: thence in a
5 easterly direction along said extension, and the south line of
6 said Lot 6. to a point at the southeast comer of said Lot 6;
? thence in a northerly direction along the east line of said
8 Lot 6. and Lot 5. to a point of intersection with a line 250
9 feet north of. and parallel with. the south line of Lot 9. Plat
10 of the Subdivision of 17-46-43. Plat Book 1. Page 4. as
11 recorded in the public records of Palm Beach County_,
12 Florida: thence in a easterly direction along said line to a
13 point of intersection with the centerline of S.W. 8th
14 Avenue: thence in a southerly direction along saiql
15 centerline to a point of intersection with the westerly
16 extension of the south line of Lot 16. Block 5. Plat of the
17 Subdivision of Block 5. Plat Book 21. Page 43. as recorded
18 in the public records of Palm Beach County. Florida:
19 thence in a easterly direction along said extension, and the
20 south line of Lot 16 and Lot 25. of said Block 5. and the
21 easterly extension of the south line of said Lot 25. to a
22 point of intersection with the centerline of S.W. 7th
23 Avenue: thence in a easterly direction to the point of
24 intersection of a line 385 feet south of. and parallel with.
25 the north line Block 13. said Plat of the Town of Linton.
26 and the west line of said Block 13: thence in a easterly
27 directiQll along said parallel line to a point of intersection
12
1 with a line 135 west of. and parallel with. the east line of
2 said Block 13: thence in a northerly direction along the
3 directly aforementioned parallel line to a point of
4 intersection with a line 250 feet north of. and parallel with.
5 the south line of said Block 13: thence in a easterly
6 direction along the directly aforementioned parallel line to
7 a point of intersection with the centerline of S.W. 6th
8 Avenue; thence in a northerly direction along said
9 ~enterline to a point of intersection with a line 290 north of.
10 and parallel with. the south line of Block 21. said Plat of
l l the Town of Linton: thence in a easterly direction alon~
12 ~aid parallel line to a point of intersection with a line 135
13 feet east of. and parallel with. the west line of said Block
14 21: thence in a southerly direction along directly
15 aforementioned parallel line to a point of intersection with
16 the centerline of S.W. 1st Street: thence in a easterly
17 direction along said centerline to a point of intersection
18 with the southerly extension of the west line of Lot 27.
19 Block 29. Plat of the Resubdivision of Blocks 29 & 37. Plat
20 Book 9. Page 66. as recorded in the public records of Palm
21 Beach County. Florida: thence in a northerly direction
22 along said extension, and the west line of Lots 27. 26. 25.
23 24. 23.22. 21.20. 19. 18. 17. 16. 15. 14 (all in said Block
24 29). to a point at the northwest comer of said Lot 14:
25 thence in a easterly direction along the north line of said
26 Lot 14. and easterly extension thereof, to a point of
27 intersection with the centerline of S.W. 4th Avenue: thence
13
1 in a southerly direction along said centerline to a point of
2 intersection with the centerline of S.W. 1st Street: thence
3 in a easterly direction along the centefline of S.W,
4 Street to a point of intersection with the centerline of $,W,
5 3rd Avenue: thence in a southerly direction along the
6 centerline of S.W. 3rd Avenue to a point of intersection
7 with the westerly extension of the south line of the Plat of
8 Palm Beach County_ South County_ Judicial Center. Plat
9 Book 60. Page 124. as recorded in the public records of the
10 Palm Beach County.. Florida: thence in a easterly direction
11 along said extension, and the south line of said Plat of Palm
12 Beach County. South County Judicial Center. and easterly
13 extension thereof, to a point of intersection with the
14 centcrline of S.W. 2nd Avenue: thence in a northerly
15 direction along said centerline to a point of intersection
16 with the centerline of S.W. 1st Street: thence in a easterly
17 direction along the centerline of S.W. 1st Street to a point
18 of intersection with the centerline of S.W. 1st Avenue:
19 thence in a northerly direction along the centerline of S.W.
20 1 st Avenue to a point of intersection westerly extension of
21 the of the south line of Lot 1. Block 61. said Plat of the
22 Town of Linton: thence in a easterly direction along said
23 extension, and the south line of Lots 1.2. 3.4. said Block
24 61. and the easterly extension of said Lot 4. to a point of
25 inter~ection with the centefline of Swinton Avenue: thence
26 southerly along said centerline of Swinton Avenue to its
27 intersection with the westerly projection of the north line of
14
1 Lot 7, plat of the Subdivision of Block 69~P_lal_B..o. flk~
2 Page 43. as recorded in the public records of Palm Beach
3 County_. Florida; thence easterly along said westerly
4 projection to the northwest comer of said Lot 7 B!cck 59;;
5 thence east along the north line of said Lot 7,..,.~.,m~' ,:a..~, to
6 the northeast comer of said Lot 7, Block 59; thence easterly
7 along the westerly projection of the north line of Lot 24,
8 said plat of the Subdivision of Block 69, to the northwest
9 comer of said Lot 2~., Block 59; thence easterly along the
10 north line of said Lot 24, Bloc'.: 69, to the northeast comer
11 of said Lot 24; thence easterly along the eastern projection
12 of the north line of said Lot 2~, m~t. ~:a to the
13 intersection with the centerline of the right of way of SE.
14 ?,~.E. 1st Avenue; thence southerly along said centerline of
15 SE. N.E. 1st Avenue to the intersection with the centerline
16 of the right of way of S.E. 2nd Street; thence easterly along
17 said centerline of S.E. 2nd Street to the intersection of the
18 northerly projection of the west line of Lot 2, Roebucks
19 Resubdivision of Block 103 (according to the plat thereof
20 as recorded in Plat Book 2, page 19 of the Public Records
21 of Palm Beach County, Florida); thence southerly along
22 said *~e northerly projection of the ~2~ west line of said
23 Lot 2 to the northwest comer of said Lot 2; thence
24 southerly along the west line of Lots 2, 3, 4, 5, 6, 7, 8, 9,
25 10, and 12 of said Roebucks Resubdivision of Block 103 to
26 the southwest comer of said Lot 12; thence southerly along
27 the south projection of the west line of said Lot 12 to the
15
I intersection with the centerline of the right of way of S.E.
2 3rd Street; thence easterly along said centerline of S.E. 3rd
3 Street to the southerly projection of the west line of Lot 13,
4 Gracey-Byrd Subdivision of Block 119 (according to the
5 plat thereof as recorded in Plat Book 10, Page 52 of the
6 Public Records of Palm Beach County, Florida); thence
7 northerly along said southerly projection of said Lot 13 to
8 the southwest corner of said Lot 13; thence northerly along
9 the west lot line of Lots 13, 14, 15, 16, 17, 18, 19, 20, 21,
10 22, 23, and 24, of said plat of Gracey-Byrd Subdivision to
11 the northwest corner of Lot 24, of said Gracey-Byrd
12 Subdivision; thence northerly along the northern projection
13 of the west line of said Lot 24 to the southwest corner of
14 Lot 12, subdivision of Block 118 (according to the plat
15 thereof as recorded in Plat Book 2, Page 8 of the Public
16 Records of Palm Beach County, Florida); thence northerly
17 along the west lines of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2,
18 and 1, of said subdivision of Block 118 to the northwest
19 corner of Lot 1 of said subdivision of Block 118; thence
20 northerly along the northern projection of the west line of
21 said Lot 1 to the southwest corner of Lot 24, Block 117,
22 ~aid olat of the Town of Linton r ..... ~:~ *^ +~'~ plat
24 R~o:'~g "~' t~a~- ~-~ ~ .... +~' ~^-~' thence northerly
25 along the west line of Lots 24, 23, 22, 21, 20, and 19 of
26 said Block 117, to the southwest corner of Lot 18 of said
27 Block 117; thence easterly along the south v.c.~ line of
16
1 southeast ~ comer of said Lot 7; thence in an
2 easterly direction ~ong +)' ....+~-'" · · ~c ~
.......... j ~reject:cn .... zcuth
3 linc cf z~,2~ Lct 7 to the southwest comer of Lot 8, Block 4,
4 Ocean Park Subdivision, (according to the plat thereof as
5 recorded in Plat Book 5. Page 15 of the Public Records of
6 Palm Beach County_. Florida); thence easterly along the
7 south line of said Lot 8 to the southeast soutlm~ comer of
8 said Lot 8; thence in a northerly direction along the east
9 line of Lots 8, 7, and 6, to the northeast comer of said Lot 6
10 (being in Block 4, Ocean Park Subdivision, as recorded in
11 Plat Book 5, Page 15 of the Public Records of Palm Beach
12 County, Florida); thence easterly to the southwest comer of
13 Lot 8, Block 3 of said Ocean Park Subdivision; thence
14 easterly along the south line of said Lot 8 to the southeast
15 comer of said Lot 8; thence northerly along the east line of
16 said Lot 8 and Lot 7 to the northwest comer of Lot 24,
17 Block 3 of said Ocean Park Subdivision; thence easterly
18 along the north line of said Lot 24, to the northeast comer
19 of said Lot 24; thence easterly to the northwest comer of
2o Lot 7, Block 2, of said Ocean Park Subdivision; thence in
21 an easterly direction along the north line of Lots 7 and 24,
22 Block 2, of said Ocean Park Subdivision, to the northeast
23 comer of said Lot 24; thence easterly to the northwest
24 comer of Lot 16, Block 1, of said Ocean Park Subdivision;
25 thence easterly along the north line of Lots 16 and 2, Block
26 1, of said Ocean Park Subdivision to a point at the northeast
27 comer of said Lot 2, Block 1, of said Ocean Park
18
1 Subdivision; thence easterly along an extension of the north
2 line of Lot 2, Block 1, of said Ocean Park Subdivision to
3 the mean high water line of the Atlantic Ocean; thence
4 northerly along said high water line to the point of
5 beginning.
6
7 Section 2. Section 4 of the Delray Beach Downtown Authority
S Act, Chapter No. 71-604 is hereby amended to read:
9 Section 4. CREATION OF THE AUTHORITY,
10 COMPOSITION, AND PROVISIONS RELATING TO
11 MEMBERS - There is hereby created a board composed of
12 ~ seven members and to be known officially as the
13 "Delray Beach Downtown Development Authority". It is
14 hereby constituted a body corporate and an agency of the
15 City; and performance by the Authority of its duties and
16 exercise of its powers are hereby designated municipal
17 functions and shall be so construed.
18 (a) The City Commission shall by vote of a
19 majority of its entire membership appoint the members of
2o the Authority; and by vote of four fifths of its entire
21 membership, after notice specifying the charges and a
22 heating held not earlier than ten days after personal
23 delivery of notice or mailing thereof by registered or
24 certified mail addressed to the member at his latest known
25 residence, the City Commission may remove a member of
26 the Authority for good cause, including willful neglect of
27 duty, incompetence or unfitness to perform his duty, or
19
1 conviction of an offense involving moral turpitude. A
2 member so removed shall be entitled to review by the
3 circuit court of the action taken.
4 (b) Of the initial members, one shall be
5 appointed for a term expiring July 1, 1972, two for terms
6 expiring July 1, 1973, and two for terms expiring July 1,
7 1974; and thereafter each member shall be appointed for a
8 term of three years beginning July 1. Two members shall
9 be appointed commencing on the July 1st following the
10 referendum approving the expansion of the DDA
11 boundaries.
12 (c) To qualify for appointment to the Authority,
13 and to remain qualified for service on its, a prospective
14 member or a member already appointed shall reside in or
15 have his principal place of business in the City, shall not be
16 serving as a City officer or employee, and that at least three
17 four of the members shall be owners of realty within the
18 Downtown area, a lessee thereof required by the lease to
19 pay taxes thereon, or a director, officer, or managing agent
20 of an owner or of a lessee thereof so required to pay taxes
21 thereon. To the extent that it is possible, appointments to
22 the Authority shall be made so that the members shall be
23 geographically proportioned as evenly as is possible within
24 the Downtown area as described in Section 3, as amended.
25 (d) Vacancy in office, which shall be filled
26 within thirty days of its occurrence for the remainder of the
27 unexpired term shall occur whenever a member is removed
20
1 from office, becomes disqualified or otherwise unable to
2 serve, resigns, or disappears without explanation for a
3 period of six months. The City Commission shall fill any
4 vacancy in office for the unexpired term.
5 (e) Each member of the Authority shall serve
6 without compensation for services rendered as a member
7 but may be reimbursed by the Authority for necessary and
8 reasonable expenses actually incurred in the performance of
9 duty. The Authority need not but may require that all of its
10 members or any or all of its officers or employees be
11 required to post bond for faithful performance of duty, and
12 the Authority shall pay bonding costs. No member of the
13 Authority shall be personally liable for any action taken in
14 attempting in good faith to perform his duty, or for a
15 decision not to act, except in instances of fraud or willful
16 neglect of duty.
17
18 Section 3. Section 5 of the Delray Beach Downtown Development
19 Authority Act, Chapter No. 71-604 is hereby amended to read:
20 Section 5. AUTHORITY BYLAWS AND INTERNAL
21 GOVERNMENT - The Authority shall formulate and may
22 amend its own rules of procedure and written bylaws not
23 inconsistent herewith. A majority of its entire membership
24 shall constitute a quorum for the transaction of business.
25 all action shall be taken by at least three four affn'mative
26 votes of the Authority, and each member present shall vote
27 on each matter unless barred from voting as herein
21
1 provided. The Authority shall select one of its members as
2 Chairman and another as Vice Chairman and shall prescribe
3 their duties, powers and terms of serving. It shall hold
4 regular meetings at least once a month and shall provide in
5 its bylaws for holding special meetings. All meetings shall
6 be open to the public.
7 The bylaws may provide for the Mayor of the City, or
8 his representative, to attend meetings of the Board as an ex
9 officio member, but he shall not have any vote or power
10 over the Board except that he shall be entitled to speak on
11 any issue or question before the Board.
12
13 Section4. Section 6 of the Delray Beach Downtown
14 Development Authority Act, Chapter No. 71-604 is hereby amended to
15 read:
16 Section 6. FUNCTIONS OF THE AUTHORITY -
17 The Authority shall perform the following functions:
18 (a) Prepare an analysis of the economic
19 conditions and changes occurring in the Downtown Area,
20 including the effect thereon of such factors as metropolitan
21 growth, traffic congestion, lack of adequate parking and
22 other access facilities, and structural obsolescence and
23 deterioration.
24 Co) Formulate long-range plans for improving
25 the attractiveness and accessibility to the public of
26 Downtown facilities, promoting efficient use thereof,
22
1 remedying the deterioration of Downtown property values,
2 and developing the Downtown area.
3 (c) Recommend to the City Council and to
4 Downtown businessmen and residents the actions deemed
5 most suitable for implementing the Downtown
6 development plans, including removal, razing, repair,
7 renovation, reconstructions, remodeling, and improvement
8 of existing structures, addition of new structures and
9 facilities, relocation of any of those existing, and changes in
I0 patterns of and facilities for getting thereto and therefi:om.
l l (d) Participate actively in the implementation
12 and execution of Downtown development plans, including
13 establishment, acquisition, construction, ownership,
14 financing, leasing, licensing, operation, and management of
15 public facilities deemed feasible and beneficial in effecting
16 implementation, but this paragraph shall not give the
17 Authority any power or control over any City property
18 unless and until assigned to it by the City Council under the
19 provisions of paragraph (e) of this section.
20 (e) Participate actively in plans and proms to
21 encourage economic development and promotion of the
22 Downtown as a prosperous Downtown Area.
23 (-e-)~ Carry on all projects and undertakings
24 authorized by law and within the limits of the powers
25 granted to it by law, such additional public projects and
26 undertakings related to the Downtown area as the City
27 Council may assign to it with its consent.
23
2 Section 5. Effective Date. Except as to the amendment of
3 Section 6(e), set forth above, as it relates to the powers of the Downtown
4 Development Authority which shall become effective immediately upon
5 passage of this act, this act shall take effect only upon approval by a
6 majority vote of the registered electors of the area described in Section 1,
7 set forth above, voting in a referendum election. A referendum election or
8 elections may be held within 3 years of the passage of this act. However,
9 a referendum shall not be held sooner than 30 days following passage of
10 this act.
11
24
CITY OF DELRAY BEACHj FLORIDA - CITY COMMISSION
REGULAR MEETING NOVEMBER 18, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.E. Resolution No. 81-97 (Water and Sewer Revenue Refundinq
Bonds/Series 1997 A): Consider approval of Resolution No.
81-97 authorizing the negotiated sale of Water and Sewer
Revenue Refunding Bonds, Series 1997 A, and providing for
other details.
Also, concerning Item 10.B., Ordinance No. 47-97 (rezoning for a
portion of the Yake property), a request has been received from
Michael Listick, Esq., asking for a postponement of this item. A
copy of his letter is attached.
ref:ADDENDUM
MEMORANDUM
TO: MAYOR AND CITY CQMMISSIONERS
FROM: CITY MANAGER~'/'I~
SUBJECT: AGENDA ITEM # ~g - REGULAR MEETING OF NOVEMBER 18, 1997
RESOLUTION NO. 81-97 (WATER AND SEWER REVENUE REFUNDING
BONDS, SERIES 1997
DATE: NOVEMBER 17, 1997
Attached is a draft copy of Resolution No. 81-97 authorizing the
negotiated sale of Water and Sewer Revenue Refunding Bonds,
Series 1997 A. Also attached is a copy of the Preliminary
Official Statement. A representative from Public Financial
Management will make a short presentation on Tuesday night. We
also expect to have the final resolution by that time.
The City Commission initially discussed this bond issue on August
19, 1997, and adopted Resolution No. 58-97 authorizing the
refunding bonds (Series 1997 A) in an amount not to exceed
$17,000,000 for the purpose of advance refunding all or a portion
of the outstanding Water and Sewer Revenue Bonds, Series 1991 B.
A copy of the minutes is attached.
Recommend approval of Resolution No. 81-97.
ref:agmemo7
9.A. PROPOSED PEDI-CAB/RICKSHAW SERVICE: Provide direction
concerning a proposal by Mr. Aldo Cirelli to establish a non-mo-
torized pedi-cab and rickshaw operation in Delray Beach.
The City Manager stated that this issue was previously
discussed by the City Commission on February 18, 1997. At that
time the Commission deferred any action until other pending
issues with respect to the downtown had been looked at and
resolved. The valet parking issue remains unresolved. The
traffic study on the one-way pairs and other issues is in the
analysis phase and is expected to be received in a month or so.
The Parking Management Team has scheduled a town meeting for
September 25th to further discuss the various issues related to
the downtown area. Since Mr. Cirelli asked that the City again
consider this proposal, staff is seeking further direction from
the Commission about whether to do anything toward developing an
ordinance to regulate pedi-cabs or continue waiting until the
results of the traffic study and other studies which are underway
are received.
Mr. Egan stated that he felt the pedi-cab proposal is
something the City might want to entertain, but before doing so
he wanted to see the results of the Parking Management Team's
study as well as the one for traffic flow. He felt that an
ordinance would be needed since these types of things will
probably keep coming before the Commission as the City becomes
more and more popular, but that it would be best to wait until
the reports are ready for consideration.
It was the consensus of the Commission to defer action
on the request until the Parking Management Team's study is
complete as well as the traffic study commissioned by the City.
Mr. Egan so moved, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
9.B. RESOLUTION NO. 58-97 AND BID AWARDS FOR SUPPORT SERVIC-
ES: Consider approval of a resolution authorizing a sixth series
of Water and Sewer Revenue Bonds designated as Water and Sewer
Revenue Refunding Bonds, Series 1997 A, in the initial aggregate
principal amount of not exceeding $17,000,000 for the purpose of
advance refunding all or a portion of City's outstanding Water
and Sewer Revenue Bonds, Series 1991 B; and approve bid awards
for support services as recommended by Public Financial Manage-
ment, Inc.
The City Manager presented Resolution No. 58-97:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING
RESOLUTION NO. 39-88, AS AMENDED AND SUPPLE-
MENTED, FOR THE PURPOSE OF AUTHORIZING A
5 08/19/97
SIXTH SERIES OF WATER AND SEWER REVENUE BONDS
DESIGNATED AS WATER AND SEWER REVENUE REFUND-
ING BONDS, SERIES 1997 A, IN THE INITIAL
AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$17,000,000 FOR THE PURPOSE OF ADVANCE
REFUNDING ALL OR A PORTION OF THE CITY'S
OUTSTANDING WATER AND SEWER REVENUE BONDS,
SERIES 1991 B; PROVIDING FOR THE TERMS AND
PAYMENT FOR SAID BONDS; INCORPORATING BY
REFERENCE THE TERMS AND PROVISIONS OF RESOLU-
TION NO. 39-88, AS AMENDED AND SUPPLEMENTED;
PROVIDING FOR THE UNDERTAKING BY THE CITY
REQUIRED BY RULE 15c2-12 OF THE SECURITIES
AND EXCHANGE COMMISSION; PROVIDING FOR THE
RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS
OF SAID BONDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING
FOR CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 58-97 is on file
in the City Clerk's office.)
Joseph Safford, Finance Director, explained that the
intent is to refund a portion of a current bond issue (1991B
Water/Sewer Bonds) if and when the market allows the City to
achieve a net five percent (5%) savings. The refunding will only
be done if the net savings accruing to the City are 5% or more
(interest cost savings net of costs and fees). The resolution
authorizes the appropriate City officials to execute documents if
and when the market hits that 5% savings. The City Commission is
also being asked to approve bid awards for support services as
recommended by Public Financial Management, Inc., the City's
financial advisor. The awards are as follows: (1) Paying agent/
registrar/escrow agent services from The Bank of New York (BNY);
(2) financial printing services from Allied Printing; and (3)
verification services from KPMG Peat Marwick.
On question from Mr. Randolph, Mr. Safford stated that
there is no way to predict what course the market will take. It
could be any day or it could take months for the market to reach
the desired net savings. The point is to be ready if and when
the opportunity presents itself.
The City Manager noted that the bonds are outstanding
until 2010 and can only be refunded once. The City would not
want to refund them at a low savings level and miss an opportuni-
ty later to do a refunding. We want to do it when there is
enough of a savings to make it worthwhile because we only have
one opportunity to do it.
Mr. Ellingsworth moved to approve Resolution No. 58-97
subject to a five percent (5%) gain, seconded by Mr. Schmidt.
6 08/19/97
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mr. Schmidt moved to approve the bid awards for support
services as recommended by Public Financial Management, Inc.,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
9.C. SERVICE AUTHORIZATION ~4/~IAZEN AND SAWYER: Consider
approval of Service Authorization ~4 in the amount of $25,032 to
Hazen and Sawyer for consulting services related to the first
phase of an Inflow/Infiltration Study for the City's wastewater
system, with funding from 442-5178-536-61.84.
Richard Hasko, Acting Director of Environmental Servic-
es, explained that for the last few years the focus in terms of
leaky sewer systems has been on the barrier island because of the
salt water environment. A great deal of reconstruction and
rehabilitation has taken place on the barrier island over the
past four to five years and the chloride levels for the last year
or so have been pretty much under control. With that, the focus
is now shifting to the west side of the Intracoastal Waterway
because there are still a lot of leaky sewers on the west side
that are causing the City to pay for more treatment at the
treatment facility than needs to be paid. This service author-
ization to Hazen and Sawyer is the first planned effort on the
west side of the waterway and will encompass the older systems in
town from 1-95 to the Intracoastal Waterway and north/south to
the City limits. Hazen and Sawyer will be looking at about 43
lift station basins and will be making determinations as to where
the worst infiltration is and where the priorities need to be
based on severity of leakage for implementation of rehabilita-
tion.
Mr. Egan moved to approve Service Authorization #4 in
the amount of $25,032 to Hazen and Sawyer, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to
0 vote.
9.D. INTERLOCAL AGREEMENT WIT~ PALM BEAC~ COUNTY/SIDeWALK ON
LAKE IDA ROAD: Consider approval of an interlocal agreement
between the City and Palm Beach County for the construction of a
sidewalk on the south side of Lake Ida Road, between Coral Way
and Davis Road. Estimated cost of $13,000 to be split 50%/50%,
with the City's share of $6,500 to be funded from
001-3113-541-63.11.
Robert A. Barcinski, Assistant City Manager, stated
that the interlocal agreement is for the installation of about
-7- 08/19/97
P LIC FINANCIALMANAGF. MtD4T, INC.
Financial and Investment Advisors
5900 Enterprise Parkway
Fort Myers, FL 33905
941-693-7117 (Fax) 941-693-6384
November 18, 1997
The Mayor and Commissioners,
City of Delray Beach, Florida
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Ladies and Gentlemen:
Public Financial Management, Inc. ("PFM"), Financial Advisor to the City of Delray Beach,
Florida (the "City"), is pleased to provide this recommendation regarding the method of sale and
credit enhancement for the City's Water and Sewer Revenue Refunding Bonds, Series 1997A (the
"Series 1997A Bonds").
PFM believes that a negotiated, rather than a competitive sale, is the most appropriate
method of sale for the Series 1997A Bonds. Under a negotiated sale, unlike a competitive sale,
the City's investment banking team is able to assist the financing team in structuring the
transaction and in pre-sale marketing activities to insure that the Series 1997A Bonds will be
well received by the municipal market. We believe that this type of assistance will be necessary
in order to adequately address potential investor concems and provide sufficient pre-sale interest
in the Series 1997A Bonds. Additionally, tax-exempt interest rates have been subject to
considerable volatility during recent months, a negotiated sale will provide the City with more
flexibility than a competitive sale with regard to entering the market at the most opportune time.
Under current market conditions, PFM believes that purchasing municipal bond insurance
for the Series 1997A Bonds, at the quoted price of 19 basis points, would provide the City with a
significant economic benefit. With the purchase of bond insurance from AMBAC Indemnity
Corporation ("AMBAC"), AMBAC has agreed to amend the existing Reserve Account Credit
Facility Substitute purchased for the City's Water and Sewer Revenue Bonds, Series 1991 B (the
Refunded Bonds) to now cover the Series 1997A Bonds for no additional fee. The use of such
credit enhancement allows the City to broaden the scope of prospective investors for the Series
1997A Bonds. The present value savings attributable to the lower interest costs to be received on
the Series 1997A Bonds will more than offset the cost of credit enhancement.
Sincerely,
Patti Garrett
Senior Managing Consultant
Atlanta Austin Boston Dallas Fort Myers Harrisburg Memphis Minneapolis Newport Beach Orlando Philadelphia Pittsburgh San Francisco
RSW:3927-1 (31301 !.doc) 11/18/97 1:50 PM
RESOLUTION NO. 81-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATED
SALE OF CITY OF DELRAY BEACH, FLORIDA, WATER AND SEWER
REVENUE REFUNDING BONDS, SERIES 1997 A, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $15,030,000; DETERMINING CERTAIN
DETAILS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF
THE BOND PROCEEDS; APPROVING THE FORM OF, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF
THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH
THE OFFERING AND SALE OF THE BONDS AND APPROVING,
RATIFYING AND CONFIRMING THE DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT BY THE UNDERWRITERS;
AWARDING THE BONDS TO THE UNDERWRITERS; APPOINTING A
PAYING AGENT; APPOINTING A REGISTRAR; APPOINTING AN
ESCROW AGENT; APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT
AGREEMENT; PROVIDING FOR A BOND INSURANCE POLICY AND
SURETY FOR THE BONDS PROVIDED BY AMBAC ASSURANCE
CORPORATION; AUTHORIZING THE BONDS TO BE REGISTERED
UNDER A BOOK-ENTRY ONLY SYSTEM OF REGISTRATION AND
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
OF A BLANKET ISSUER LETTER OF REPRESENTATIONS IN
CONNECTION THEREWITH; AMENDING THE 1997 SERIES
RESOLUTION; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF A GUARANTY AGREEMENT WITH AMBAC
ASSURANCE CORPORATION IN CONNECTION WITH THE
PROVISION OF A SURETY BOND BY AMBAC ASSURANCE
CORPORATION; AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, a municipal corporation of the
State of Florida (the "City"), presently owns and operates its own potable water and sanitary
sewer system (herein, the "Combined Public Utility"); and
RES. NO. 81-97
WItEREAS, the City Commission of the City of Delray Beach, Florida (the
"Commission"), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and
supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and
Sewer Revenue Bonds, Series 1984 (the "1984 Bonds"); and
WHEREAS, the City Commission did, on June 28, 1988, adopt Resolution No.
36-88, which was amended, supplemented and restated by Resolution No. 39-88, adopted on July
12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"),
authorizing the issuance of the City's Water and Sewer Refunding Revenue Bonds, Series 1988
(the "1988 Bonds"), to refund the City's 1984 Bonds; and
'WHEREAS, the City did, on September 15, 1988, issue its 1988 Bonds in the
aggregate principal amount of $25,135,000; and
VOtEREAS, the 1988 Resolution authorizes in Section 4.G of Article III thereof,
of Part I, the issuance of bonds payable on a parity with the 1988 Bonds issued pursuant to the
1988 Resolution, on the terms and conditions therein contained; and
WltEREAS, the City Commission did, on April 24, 1990, adopt Resolution No.
46-90, as amended and supplemented, which authorized the issuance of $8,000,000 Water and
Sewer Revenue Bonds (the "1991 A Bonds") of the City for the purpose of financing certain
additions, extensions and improvements to the City's Combined Public Utility; and
WltEREAS, the City Commission did, on October 23, 1990, adopt Resolution
No. 104-90, as amended and supplemented, which authorized the issuance of not exceeding
$50,000,000 Water and Sewer Revenue Bonds (the "1991 B Bonds") of the City for the purpose
of financing certain additions, extensions and improvements to the City's Combined Public
Utility; and
WP It.'SANI:OILDS~ 168675/3m_n ffi3!. DOC/I I / 18.n97/16787 010500 - 2 -
RES. NO. 81-97
WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B
Bonds in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and
WHEREAS, the City Commission did, on June 8, 1993, adopt Resolution No.
50-93, which authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding
Revenue Bonds, Series 1993 A (the "1993 A Bonds") for the purpose of paying and refunding a
portion of the 1988 Bonds, and a portion of the 1991 A Bonds; and
WHEREAS, the City Commission did, on June 8, 1993, adopt Resolution No.
51-93, which authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue
Bonds, Series 1993 B (the "1993 B Bonds") for the purpose of financing certain additions,
extensions and improvements to the City's Combined Public Utility; and
WHEREAS, the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B
Bonds in the aggregate principal amounts of $21,238,997.35 and $6,865,477.25, respectively;
and
WHEREAS, the Commission did, on August 19, 1997, adopt Resolution
No. 58-97 (herein the "1997 Series Resolution"), authorizing, pursuant to the provisions of the
1988 Resolution and 1997 Series Resolution, the issuance of a series of bonds designated as its
Water and Sewer Revenue Refunding Bonds, Series 1997 A, in the aggregate principal amount
of not exceeding $17,000,000 to advance refund the outstanding 1991 B Bonds (herein the
"Refunded Bonds"); and
VVHEREAS, the City is now desirous of issuing $15,030,000 in aggregate
principal amount of such Water and Sewer Revenue Refunding Bonds, Series 1997 A, pursuant
to the terms and provisions of the 1988 Resolution, the 1997 Series Resolution and this
Resolution (herein called the "1997 Bonds"); and
%TB,~SAN'FORDS/Ib8675,'3mS~3t DOC/I I/1 &~97/16787 010500 -3-
RES. NO. 81-97
WHEREAS, the 1988 Resolution and the 1997 Series Resolution provide that
certain details of the 1997 Bonds and certain other provisions of the 1988 Resolution and the
1997 Series Resolution shall be determined by subsequent proceedings of the City, which shall
be deemed to be supplemental to the 1988 Resolution and the 1997 Series Resolution; and
WI-IEREAS, the City has determined the details of the 1997 Bonds; and
WHEREAS, Raymond James & Associates, Inc., on behalf of Raymond James &
Associates, Inc. and Smith Barney Inc. (collectively, the "Underwriters"), has submitted to the
City a proposal in the form of a Bond Purchase Agreement (the "Purchase Contract"), attached
hereto as Exhibit A, between the Underwriters and the City, to purchase the 1997 Bonds; and
WHEREAS, pursuant to Section 218.385, Florida Statutes, an authorized officer
of Raymond James & Associates, Inc., on behalf of the Underwriters, has delivered to the City a
truth-in-bonding statement and a disclosure statement, both of which are attached to or
incorporated in the Purchase Contract; and
WHEREAS, there have been prepared and submitted to the Commission a
Preliminary Official Statement, dated November 10, 1997, attached hereto as Exhibit B; and
WHEREAS, the City's financial advisor has recommended the negotiated sale of
the 1997 Bonds in a letter attached hereto as Exhibit C; and
WHEREAS, based on the advice of the City's financial advisor, it is in the best
interest of the City to accept the Bond Purchase Contract and to award the 1997 Bonds to the
Underwriters; and
WHEREAS, the City's financial advisor has recommended in a letter, attached
hereto as Exhibit C, that the principal and interest on the 1997 Bonds be insured by a municipal
bond insurance policy (the "1997 Bond Insurance Policy") issued by AMBAC Assurance
WPB:SA~FORDS/16~7513m$ffi31 DOCYl 1/18/97/16787 010.500 -4-
RES. NO. 81-97
Corporation, a Wisconsin stock insurance company, or any successor thereto ("AMBAC" or the
"Bond Insurer"); and
WHEREAS, the City's financial advisor has also recommended in a letter
attached hereto as Exhibit C, that the Debt Service Reserve Requirement for the 1997 Bonds be
satisfied by a surety bond provided by AMBAC (the "1997 Surety"); and
WHEREAS, the Commission hereby adopts the recommendations of the City's
financial advisor regarding the 1997 Bond Insurance Policy and the 1997 Surety; and
WHEREAS, in order to accomplish the advance refunding of the Refunded
Bonds, there has been prepared and submitted to the Commission an Escrow Deposit Agreement
to be entered into by and between the City and the Escrow Agent (as herein defined) attached
hereto as Exhibit D; and
WHEREAS, the Commission hereby determines that the 1997 Bonds be
registered pursuant to a book-entry only system of registration; and
WHEREAS, the 1997 Series Resolution provides for the Undertaking of the City
as required under Rule 15c2-12 of the Securities and Exchange Commission; and
WHEREAS, the Commission deems it necessary to make certain amendments to
such Undertaking.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS. That all capitalized terms used in this Resolution
not otherwise defined shall have thc meanings ascribed to such terms in thc 1988 Resolution, or
thc 1997 Series Resolution, as the case may be, unless the context clearly indicates otherwise.
Wl~B.X~ANFORD~I68675/3mSffi3! DOC~'I 1/18.,'97/16787 010500 -5-
RES. NO. 81-97
SECTION 2. PURPOSE AND BOND DESIGNATION. That the City hereby
determines at this time (i) to issue $15,030,000 in the aggregate principal amount of its 1997
Bonds for the purpose of (a) advance refunding the Refunded Bonds, and (b) to pay the costs of
issuance of the 1997 Bonds, including paying the premium for the 1997 Bond Insurance Policy,
and (ii) to designate such 1997 Bonds as its "Water and Sewer Revenue Refunding Bonds, Series
1997 A."
SECTION 3. DESCRIPTION OF THE 1997 BONDS. The 1997 Bonds shall
be dated November 1, 1997, shall bear interest payable on April 1, 1998, and semiannually
thereafter on October 1 and April 1 of each year, and shall mature on October 1 of each of the
years, in the amounts, and at the rates as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2003 $75,000 4.25% 2007 $3,425,000 4.60%
2004 80,000 4.30 2008 3,585,000 4.70
2005 85,000 4.40 2009 3,750,000 5.25
2006 85,000 4.50 2010 3,945,000 5.50
SECTION 4. REDEMPTION PROVISIONS. The 1997 Bonds are not subject
to redemption prior to maturity.
SECTION 5. APPLICATION OF 1997 BOND PROCEEDS. That all moneys
received by the City fi.om the sale of the 1997 Bonds shall be disbursed as provided in Section 2
of Article III of the 1997 Series Resolution. The 1997 Surety to be provided by AMBAC in
connection with the issuance of the 1997 Bonds and the advance refunding of the Refunded
Bonds is hereby acknowledged as satisfying the Debt Service Reserve Requirement for the 1997
Bond.
WP I~SA NrFORDS/168675/3 m$t~3 ! DOC.~ I I / 18/97i 16787 010500 - 6 ~
RES. NO. 81-97
SECTION 6. NEGOTIATED SALE. That the Commission hereby adopts the
recommendations of the City's financial advisor, as described in a letter from the City's financial
advisor, dated the date of this Resolution and attached hereto as Exhibit C. The City hereby
finds that, due to volatile market conditions and the ability to enter the market at the most
favorable time, it would be in the best interest of the City that the 1997 Bonds be sold on a
negotiated basis.
SECTION 7. PURCHASE CONTRACT. That the Purchase Contract for the
1997 Bonds, dated the date of this Resolution, between the City and the Underwriters, as
submitted to this meeting and attached hereto as Exhibit A, be and the same hereby is approved
and accepted, and the 1997 Bonds are hereby sold to the Underwriters at a purchase price of
$15,338,316.91 (representing the par amount of the 1997 Bonds, less underwriters' discount of
$89,360.15, less original issue discount in the amount of $832.55, plus original issue premium in
the amount of $392,225.55, plus accrued interest to the date of delivery thereof in the amount of
$6,284.06), on the terms and conditions set forth in the Purchase Contract, and the Mayor of the
City or, in his absence, the Vice Mayor is hereby authorized and directed to execute, and the
Clerk of the City to attest (if so required by the terms of the Purchase Contract), the Purchase
Contract and to deliver the same to the Underwriters.
SECTION 8. PRELIMINARY AND FINAL OFFICIAL STATEMENT.
That the Official Statement of the City, to be dated the date of this Resolution, will be in
substantially the form of the Preliminary Official Statement presented to this meeting and
attached hereto as Exhibit B, with the such insertions and changes as shall be necessary to reflect
the terms of the 1997 Bonds, as set forth in the Purchase Contract and as shall be approved by the
City Manager (upon advice of Bond Counsel and the City Attorney) with such approval to be
WPI~SANTORDS/168675/3 m5 ~33 ! DOC~' 11 / 18/97/16787 010500 - 7 -
RES. NO. 81-97
conclusively evidenced by the execution and delivery thereof by the City, and the City hereby
approves the use of the final printed Official Statement by the Underwriters in connection with
the offering and sale of the 1997 Bonds, and the City hereby further approves the use by the
Underwriters of any supplement or amendment to the final printed Official Statement which is
necessary so that the final printed Official Statement does not include any untrue statement of a
material fact or does not omit to state any material fact necessary to make the statements therein
not misleading. The City hereby ratifies, approves and consents to the use by the Underwriters
of the Preliminary Official Statement in connection with the pubIic offering of the 1997 Bonds
attached hereto as Exhibit B. The Mayor and City Manager are each hereby authorized and
directed to execute the Official Statement and any amendment or supplement thereto, in the
name and on behalf of the City, and thereupon to cause the Official Statement and any such
amendment or supplement to be delivered to the Underwriters.
SECTION 9. PAYING AGENT AND REGISTRAR. That The Bank of New
York is hereby appointed as paying agent (the "Paying Agent") and registrar (the "Registrar") for
the 1997 Bonds. By the acceptance of such appointment, The Bank of New York agrees to
comply with the terms of the 1997 Bond Insurance Policy and Surety Bond applicable to it.
SECTION I0. DISCLOSURE STATEMENT. That the City does hereby find
that the Underwriters have submitted the truth-in-bonding statement and disclosure statement
required by Section 218.385, Florida Statutes, copies of which are attached to or incorporated in
the Purchase Contract.
SECTION 11. 1997 BOND INSURANCE POLICY AND 1997 SURETY.
That, based on the recommendations of the City's financial advisor, set forth in a letter attached
hereto as Exhibit C with respect to the 1997 Bonds, the Commission finds that obtaining the
9/PB/SANIeOR.,DS/! 68~75.'3rn5 ~3 ! DOCt I I / 1807/16787 010~500 - 8 -
RES. NO. 81-97
1997 Bond Insurance Policy and 1997 Surety from AMBAC is in the best interests of the City,
and the Commission hereby directs that the premium due on the 1997 Bond Insurance Policy be
paid in accordance with the terms thereof. That the form of the Guaranty Agreement to be
entered into with AMBAC, in the form attached hereto as Exhibit D, is hereby approved and the
Mayor, the Vice Mayor, the City Manager or the Director of Finance are each hereby authorized
to execute and deliver the Guaranty Agreement, and the City Clerk is authorized to impress the
seal of the City and attest to the execution thereof with such changes, modifications and deletions
as the officer executing the same may deem necessary and appropriate such execution and
delivery to be conclusive evidence of the approval and authorization thereof by the City.
SECTION 12. BOND RESOLUTION AMENDMENT. Paragraph A of
Section 4, Article III of the 1997 Series Resolution is hereby deleted and replaced in its entirety
with the following:
A. The City undertakes and agrees to provide to each
NRMSIR and to the State of Florida information depository (herein, the "SID") if
and when such a SID is created (i) the City's general purpose financial statements
generally consistent with the financial statements presented in Appendix B to the
official statement relating to the 1997 Bonds (herein the "Official Statement"),
and (ii) the information concerning the Combined Public Utility set forth in the
Official Statement under the sub-headings "Top Ten Users of the Combined
Public Utility", "Rates and Charges" and "Historical Revenues, Expenses and
Coverages." The information referred to in clauses (i) and (ii) is herein
collectively referred to as the "Annual Information."
SECTION 13. ESCROW AGENT. That The Bank of New York is hereby
appointed escrow ~agent (the "Escrow Agent") and directed to enter into the Escrow Deposit
Agreement (as defined below).
SECTION 14. ESCROW DEPOSIT AGREEMENT. That the form of the
Escrow Deposit Agreement submitted at this meeting in substantially the form attached hereto as
WPB/SANFORDS~ 16867~,3m5~)3~ DOC?I 1/1 ~97/167~7 010500 -9-
RES. NO. 81-97
Exhibit E, is hereby approved, subject to such changes as may be approved by Bond Counsel and
the City Attorney. The Mayor, the Vice Mayor, the City Manager or the Director of Finance are
each hereby authorized to execute and deliver the Escrow Deposit Agreement, and the City Clerk
is authorized to impress the seal of the City and attest to the execution thereof with such changes,
modifications and deletions as the officer executing the same may deem necessary and
appropriate such execution and delivery to be conclusive evidence of the approval and
authorization thereof by the City.
SECTION 15. BOOK ENTRY BONDS. That the Commission hereby
determines that the re,~stration of the 1997 Bonds be by a Book Entry system of registration. The
form of Blanket Issuer Letter of Representations to evidence such Book Entry system of
registration, attached hereto as Exhibit F, is hereby approved. The Mayor, the City Manager or the
Finance Director are each hereby authorized and directed to execute and deliver the Blanket Issuer
Letter of Representations in substantially the form submitted to this meeting, the execution of said
Blanket Issuer Letter of Representations being conclusive evidence of such approval.
SECTION 16. FURTHER AUTHORIZATIONS. That the Mayor, the Vice
Mayor, the City Manager, the Finance Director, the Treasurer, the City Clerk, and any other
authorized official of the City, be and each of them is hereby authorized and directed to execute
and deliver any and all documents and instruments, including but not limited to satisfy any
conditions to obtain the 1997 Bond Insurance Policy and 1997 Surety, and to do and cause to be
done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution.
WPB.'SA.~ORDg't6S6?5/3m_~m3, DOG'11/IS/9?/16't~ 010500 - 1 0-
RES. NO. 81-97
SECTION 17. EFFECTIVE DATE. That this Resolution shall take effect
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 18th day of November,
1997.
[SEAL] CITY OF DELRAY BEACH, FLORIDA
City Clerk - t Title: Ma
Date of Adoption: November 18, 1997
Approved as to Form
~~7~and Legality ~. ~--~
Susan A. Ruby
City Attorney
RES. NO. 81-97
EXHIBITS TO RESOLUTION NO. 81-97
EXHIBIT A - Bond Purchase Agreement
EXHIBIT B - Preliminary Official Statement
EXHIBIT C - Recommendation Letter of Financial Advisor
EXHIBIT D - Guaranty Agreement
EXHIBIT E - Escrow Deposit Agreement
EXHIBIT F - Blanket Issuer Letter of Representations
V~PB-~AN!~ORDS-t 1 ? I ~43/3_~ I !. DOC./] I/l 8,9'//16797 010500
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~{
SUBJECT: AGENDA ITEM #/O'~- REGULAR MEETING OF NOVEMBER 18, 1997
ORDINANCE NO. 46-97 (DESIGNATING THE TURNER HOUSE AS AN
HISTORIC SITE)
DATE: NOVEMBER 12, 1997
This is second reading and a public hearing 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. At first reading on November 4th, the City Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 46-97 on second and final
reading.
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 ~OPTED in regular session on second and final
reading on this the 18th day of November , 1997.
ATTEST:
City~l~k -!
First Reading Nove~er 4, 1997
Second Reading November 18, 1997
- 2 - Ord. No. 46-97
I!. LOCATION MAP
TO: ~D~MANAGER,~u~,
THRU: DIANE DOMINGUEZ, DIRECTOR/
DEPARTMENT OF PLANNING~D 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 in 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 R/W, Lot 6 & 7 less the
West 5' SR R/W 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
DI~SIGNATION ~I~POI~T
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 RAN, 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-
II. LOCATION MAP
ATLANTIC AVENUE
-~- TURNER HOUSE
.. ~*,~. ~ ~ .S757~r'~ _, U~' ~F': L~I?4I
-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 ~outh, 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. ^ 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 rronfunctional 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 flat 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 world 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 No 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 desi~lned
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
'~"Father of Delray Beach Architecture", Palm Beech 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 I~)lediterranean 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 Beach Historic 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 Iil, Palm Beach Post. 1986.
Designation Report prepared by Patricia Cayce, Historic Preservation Planner, City of
Delray Beach, Florida, September 1997.
Filelulwwwltu redes
-10-
STATE OF FLORIDA '
DE,ART,~E,~OFST^rE FLORIDA MASTER SITE FILE
D',, on o, ^,ch,.o,..,,,o,, Site Inventory Form FDAHRM 802 = =
and Records Management
OS.HSP.3~ Rev. 3-~ 1009 = =
Site No.
Site Name 830= = Su~ey Date 820= =
Instruction for locating 813 = =
Location: T,in~.pn (tS 6 & S27.6 o~ 5868= =
su~ivisIon ~me bilk no. lot no.
County: ~a[m ~each 808= =
Owner of Site: Name: ~ L. Turner
Address: ]45 Northeast Sixth Avenue. Delray Beach "
Type of Ownership Private 848= = . Recording Date "~ay 5. 1986 832= =
Recorder:'
Name & Title: ... Saa[o~d Sarah
Address:
818 = =
Condition of Site: Integrity of Sit~: Original Use [es~dea~aZ 838 = =
Check One Check One or More
Present Use . w~,~3 850==
~ Excellent 863= = ~ Altered 8~= = Dates: Beginning ~q25 844
~ Go~ ~3= = ~ Unalter~ 8~= = Culture/Phase 840= =
~ Fair 863= = ~ OriginalSIle 8~= = Period 845= =
~. Delerlorated 863-- = ~ Restore( )(Date: ~ )858= =
~M~( )(Date: X )858==
NR Classification Catego~: Su~[8~ 916= =
Threats to Site:
Check One or More
~ Zoning( ~ ~ )878= = ~ T~anspo~tatlon( ~ ~ )878= =
~ Development( X X )878== ~,FIII( X X )878==
~ Deletloratlon( ~ X )878== ~ Dredge( ~ X )878==
~ BOttling( ~ X )878= =
~ Other(See Rereads Bel~): 878 = =
Areas of Significance: A=ch~tec~u=e 910= =
Significance:
911 = =
ARCHITECT . Sam Ogren,_~r~ : 872=
BUILDER Unknown 874 =
STYLE AND/OR PERIOD Nediterranean Revival 964=
PLAN TYPE irregular 966=
EXTERIOR FABRIC(S) St:ucco over tile 854=
STRUCTURAL SYSTEM(S) cement block 856=
PORCHES north elevation .
942 =
FOUNDATION: concrete 942 =
ROOF TYPE: Gable 942 =
SECONDARY ROOFSTRUCTURE(S): g~hl,=..- shP.'d 942=
CHIMNEY LOCATION: central 942 =
W!.NDOWTYPE: wood frame sash 942=
CHIMNEY: 882=
ROOF SURFACING: Oruameutal.clay t£1e 882=
ORNAMENT EXTERIOR: 882 =
NO. OF CHIMNEYS 952 = = NO. OF STORIES Vtwo 950 =
NO. OF DORMERS none 954 =
Map Reference (incl. scale & date) Delray Beach, topographic, 1: 24,000
:' 1962, 1982 809=
Latitude and Longitude:
.... "' " 800 =
Site Size (Approx. Acreage of Property): T,T I 833 =
Township Section
LOCATION SKETCH ~)R~vl P N sou~;n
N. E. Thii-d .~treet UTM CoOrdinates:
890'=
~ .~ · Zone Easting No,thing
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
Mrs. Diane Dominguez
November 14, 1997
Planning & Zoning Director
City ot Delray Beach,~:~
100 N.W. 1St Avenue ~30TM
iF) O()
~61-243-7221 ~OOI
Dear Mrs. Dominguez:
This wall confirm that the Pox'ten Properties, Inc, wishes to
temporarily postpone the second reading of the ordinance for
rezoning the Yake Property. The applic&nt wishes this
postponement to study certain environmental alld engineering issues
which could affect the proposed site plan. At this tilde we
anticipate being ready for the agenda for the following Ci=y
Commission meeting. By no means is the &pplican~ abandoning ~he
proposed project.
~~youre,
Michael N. Llstick
MLK:lek
cc: Scott Porten (Fax and Nail)
_
I- RECEIVED
CITY CLERK ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~"1
SUBJECT: AGENDA ITEM #/0.~'- REGULAR MEETING OF NOVEMBER 18, 1997
ORDINANCE NO. 48-97 (REZONING FROM GENERAL COMMERCIAL TO
AUTOMOTIVE COMMERCIAL FOR PROPERTY LOCATED ON THE EAST
SIDE OF DIXIE HIGHWAY, SOUTH OF LA MAT AVENUE)
DATE: NOVEMBER 13, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 48-97 which rezones a 0.24 acre parcel of land from
GC (General Commercial) to AC (Automotive Commercial) District.
The subject property consists of Tract B, Falterbauer Plat, and is
located on the east side of Dixie Highway, approximately 170 feet
south of La Mat Avenue.
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 the zoning
change from GC to 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.
On 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 to 0 (Bird and Carbone absent) to
recommend approval of the rezoning, 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.
At first reading on November 4, 1997, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 48-97 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref:agmemol0
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
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 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 MD ~OPTED in regular session on second and final
reading on this the 18th day of Nove~er ~ , 1997.
ATTEST:
' ~ity~l~H '
First Reading November 4, 1997
Second Reading November 18, 1997
- 2 - Ord. 48-97
j/
ESTATE CONDOS MILLER fl I I -~ ~ -
DOTTEREL ROAD ~ A ~ ~ m I m
II P/LM5' Jl BUCKY DENTS I TOYOTA / ~ ~ .
~OE. RA Y// f USED CA~S I ~ ~~' ~ I ~ m
~ ~ LA-MAT
~ DELRA Y
/ ~~ -- SATURN ~ ' ~~
~ ~ ~ I~1 lEI MOBILE I / PLAZ~ EAST~EW
/ ~ ~ I~ J m I ~ I ....... 1 .g I SHOPPING TROPIC I F
~1 II- I ~ r r I L I~1 ~75~ I ~ I CENTER ~EW
~ ~ BL~.
~ SILK GARDEN OUTLET
O~ ~ OELRAY BEACH. FL
PL~NINO ~ Z~)NG 0EP~EN) FRO~: CC {CENER~ COMmERCiaL ) TO: AC {AUTO'OliVE COmmERCiAL)
-- ~/~/~ ~ ~ ~?~ -- UAP REF: L~I81
PLANNING AND ZONING BOARD
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 175.feet 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 ~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.
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 Repod
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:
n 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
Waste 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 Elemerlt 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:
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 Rezonirlg 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 similar
to afl the businesses around us. We are surrounded by all three sides by
automotive type businesses. Our lot is to smafl to make it a car lot, but it is ideal
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
Rezoning 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:
E! Location/Zoning Map
El Survey
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2q'AGER~
SUBJECT: AGENDA ITEM #/0C~- REGULAR MEETING OF NOVEMBER 18, 1997
CONDITIONAL USE REQUEST/AUTO AIR OF DELRAY
DATE: NOVEMBER 14, 1997
This is before the Commission to consider a request for
conditional use approval to allow the establishment of a
specialized service shop known as Auto Air of Delray at the former
location of the Silk Garden Outlet. The subject property is
located on the east side of Dixie Highway, approximately 170 feet
south of La Mat Avenue, and contains 0.24 acres. The site
contains a 2,179 square foot building, eleven parking spaces, a
dumpster enclosure and associated landscaping.
On November 4, 1997, the City Commission approved on first reading
Ordinance No. 48-97 which rezones the property from General
Commercial to Automotive Commercial. The conditional use request
is being processed in conjunction with the second reading of the
rezoning ordinance. The sale of the property is pending final
approval of the rezoning which will permit this conditional use in
the AC district.
The Planning and Zoning Board will consider the conditional use
request at a public hearing to be held on November 17, 1997. The
Board's recommendation will be reported at the November 18th City
Commission meeting.
Staff recommends that the conditional use request be approved,
based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E) (5) of the Land
Development Regulations and the policies of the Comprehensive
Plan, subject to the following conditions:
(1) That the rezoning be approved by the City Commission.
(2) That the current landscape code violations be addressed as
ordered by the Code Enforcement Board.
(3) That the building be repainted all one color to remove the
mural.
ref :agmemol2 ~u~v - ;
TO: D.~,VID T. HARDEN
( :~f MANA~C~,R
THRU' DANE DOMINGUEZ, D~RE~TOR
D! iPARTMENT OF PLANNII~IG AND ZONING
FROM: JAI~ET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 18, 1997
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A SPECIALIZED SERVICE SHOP (AUTO AIR OF
DELRAY) AT THE FORMER LOCATION OF THE SILK GARDEN
OUTLET
The action requested of the City Commission is that of approval of a
Conditional Use request to establish a specialized service shop known as
Auto Air of Delray at the former location of the Silk Garden Outlet
pursuant to LDR Section 2.4.5(E).
The subject property is located on the east side of Dixie Highway
approximately 170' south of La Mat Avenue and contains 0.24 acres.
The site is the former location of the Silk Garden Outlet which currently contains a
2,179 square foot building with two overhead bay doors, 11 parking spaces, dumpster
enclosure, and associated landscaping.
At its meeting of November 4, 1997, the City Commission upon the first reading of an
Ordinance approved a change in zoning from GC (General Commercial) to AC
(Automotive Commercial) to accommodate a specialized service shop (Auto Air of
Delray) which is allowed as a Conditional Use in the AC zone district. The second
hearing (public hearing) for the rezoning is scheduled for the Commission's meeting of
November 18, 1997.
City Commission Documentation
Conditional Use Request to Establish a Specialized Service Shop for Auto Air of Delray
Page 2
The sale of the property is pending final approval to establish the use, therefore the
Conditional Use request is being processed in conjunction with the second reading of
the rezoning ordinance. Additional background and an analysis of the request is found
in the attached Planning and Zoning Board Staff Report.
The public hearing for the Conditional Use request is scheduled for action by the
Planning and Zoning Board at its meeting of November 17, 1997. The Board's
recommendation will be reported to the City Commission at the November 18, 1997
meeting.
By motion, approve the request for Conditional Use for the establishment of a
specialized service shop for Auto Air of Delray at the former location of the Silk Garden
Outlet based upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to the following conditions:
1. That the rezoning be approved by the City Commission.
2. That the current landscape code violations be addressed as ordered by the Code
Enforcement Board.
3. That the building be repainted all one color (to remove the mural).
Attachments:
* P&Z Documentation of November 17, 1997
* Sketch Plan
PLANNING AND ZONING BOARD
CITY OF DELE{AY BEACH ---STAFF REPORT---
MEETING DATE: November 17, 1997
AGENDA ITEM: V.B.
Conditional Use Request to Allow the Estab!i.s__bment,pf
ITEM:
a
Specialized
Service Shop (Auto Air Conditioning and Radiator 'Service), at the
former location of 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
M~L£R
Location .......................... East side of Dixie Highway, P,~K
approximately 175 feet 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 Land Use .......... Existing 2,1.79 sq.ft, commercial
building occupied by a silk flower
shop.
Proposed Land Use ........ Establishment of a specialized
service shop within the existing
building
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
v.e.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to establish a
specialized service shop for Auto Air of Delray at the former location of the
Silk Garden Outlet, pursuant to LDR Section 2.4.5(E). ' '- ~-
The subject property is located on the east side of Dixie Highway
approximately 175' south of La Mat Avenue and contains 0.24 acres.
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. The building permit
was issued for the site with a condition that prior to issuance of a Certificate of
Occupancy 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 retail 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.
At its meeting of October 20, 1997, the Planning and Zoning Board recommended
approval of a change in zoning from GC (General Commercial) to AC (Automotive
Commercial) to accommodate a specialized service shop (air conditioning repair shop).
Specialized service shops are allowed as a Conditional Use in the AC zone district.
The sale of the property is pending final approval to establish the use, therefore the
Conditional Use request is being processed in conjunction with the rezoning. First
reading of the reZoning ordinance was approved by the City Commission at its meeting
of November 4, 1997, with a second hearing (public hearing) scheduled for the
Commission's meeting of November 18, 1997. The Conditional Use request is now
Planning and Zoning Board Staff Report
Conditional Use Approval- Silk Garden Outlet
Page 2
before the Board for action, and if approved, will be conditioned upon the change in
zoning. Staff does not anticipate any problems with the rezoning request.
The Conditional Use request is to establish a specialized service shop known as Auto
Air of Delray, Inc. within the Silk Garden Outlet building. The site currently contains a
2,179 square foot building with two overhead bay doom, 11 parking spaces, dumpster
enclosure, and associated landscaping. No changes to the site are being proposed at
this time.
The applicant has submitted the following narrative which describes the operation:
"Auto Air of Delray, Inc. is an existing Delray Beach air conditioning and radiator
service company. The business has been operating at 1 West Linton Boulevard
since 1988. This business services approximately 5 cars per day and has 2 full
time employees plus I owner. All service work performed on the cars is
conducted indoors within the bays. Other work includes electronic repairs and
replacements of batteries, alternators and starters.'
REQUIRED FINDINGS: {Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authoritY to approve or deny the development application. These
findings relate to the Future Land Use Map, CompatibilitY, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
With the rezoning action positive findings were made with respect to the Future Land
Use Map, Concurrency, Consistency with the Comprehensive Plan. Compliance with
the Land Development Regulations, and the Required Findings for a Conditional Use
are discussed below.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
LDR Section 4.3.4(K) Development Standards Matrix:
Planning and Zoning Board Staff Report
Conditional Use Approval - Silk Garden Outlet
Page 3
Pursuant to LDR Section 4.4.10(F), within the AC zone district, the development
standards for specialized service shops shall be pursuant to LDR Section 4.3.4(Matrix).
The minimum lot size is 10,000 square feet, lot width 50', and the lot depth 100'. The
existing site contains 10,500 square feet with a lot width of 100', and a lot depth of 125'.
Therefore, the site meets these development standards. :~--: ~-
LDR Section 4.4.10(G)(4)(a) AC District Location Restrictions:
Pursuant to LDR Section 4.4.10(G)(4)(a), repair facilities and paint and body shops
shall be located at least 100' feet from any residentially zoned lot. Service bay doors
shall not be oriented toward any adjacent residentially zoned property, except where
currently existing, nor oriented toward any adjacent public street unless it can be
demonstrated to the Site Plan Review and Appearance Board that it is not feasible to
comply.
The site is surrounded by commercial zoning districts and a conservation district, and is
not located in a geographical area where residential zoning is a concern. In addition,
the existing bay doors are located along the south facade of the building and are not
oriented towards the adjacent right-of-way.
Section 4.6.9 Parking:
Pursuant to LDR Section 4.6.9(C)(5)(b), vehicle paint, body, and repair shops shall
provide 4.5 spaces per 1,000 square.feet of gross floor area. Based on the above, the
2,179 square foot structure requires 10 parking spaces and 11 spaces exist on site.
The narrative states that approximately 5 cars are serviced per day with three
employees.' Two (2) of the 5 cars will be located in the service bays, leaving
approximately 6 vehicles to be parked in the lot (3 service cars and 3 employees), and
as previously stated 11 parking spaces exist on site. Based on the above, parking
should not be an issue.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
Planning and Zoning Board Staff Report
Conditional Use Approval - Silk Garden Outlet
Page 4
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
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. ~:--: ~-
The establishment of a specialized service shop in a predominately automotive
corridor with numerous types of repair functions located along Dixie Highway will
not have a detrimental effect on the surrounding neighborhood nor hinder
development of nearby properties.
Existing Violations:
The current owner has been ordered by the Code Enforcement Board to correct
landscape violations on the site for failing to comply with the landscape code, including
sodding the side and right-of-way of the property, complete maintenance (edging,
weeding, mulching, pruning and removal of debris) and replacement of a dead tree.
The Board order states that this must be accomplished within 60 days (January 4,
1998). Correcting the existing code violation has been attached as a condition of the
Conditional Use approval.
In addition to the above, a partial mural was painted on the facade of the building which
never obtained SPRAB approval. As a condition of approval it would be appropriate to
require that the building be repainted all one color. If the applicant wishes to repaint the
building back to its original color (i.e. white) SPRAB approval is not required.
The development proposal is not located within a geographical area requiring review by
the CRA (Community Redevelopment Agency) or the DDA (Downtown Development
Authority).
Site Plan Review and Appearance Board ($PRAB); The site is currently developed
and no modifications to the site are being requested at this time which would require
review by the SPRAB.
Public Notice: Formal public notice has been provided to property owners within a 500
foot radius of the subject property. Letters of objection, if any, will be presented at the
Planning and Zoning Board meeting.
Planning and Zoning Board Staff Report
Conditional Use Approval - Silk Garden Outlet
Page 5
Courtesy Notice: Courtesy notices have been provided Town and County and Tropic
Palms Homeowners Associations.
The proposed conditional use request is for the establishment of a specialized service
shop for Auto Air of Delray at the former location of the Silk Garden Outlet building.
The proposed use is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. Positive findings can be made with
respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with
surrounding properties.
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use approval for Auto Air of
Delray at the former location of the Silk Garden Outlet, based upon positive
findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3
(Performance Standards) of the Land Development Regulations, and the policies
of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use approval for Auto Air of Delray in the
Silk Garden Outlet, based upon a failure to make positive findings with respect
to Section 2.4.5(E)(5) (Compatibility).
Recommend approval of the request for Conditional Use for the establishment of a
specialized service shop for Auto Air of Delray at the former location of the Silk Garden
Outlet building based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to the following conditions:
1. That the rezoning be approved by the City Commission.
2. That the current landscape code violations be addressed as ordered by the Code
Enforcement Board.
3. That the building be repainted all one color (to remove the mural).
Attachments: Location Map and Sketch Plan
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~/1
SUBJECT: AGENDA ITEM ~-~ - REGULAR MEETING OF NOVEMBER 18, 1997
ORDINANCE NO. 50-97 (INCREASED LAND DEVELOPMENT FEES AND
ASSOCIATED LDR AMENDMENTS)
DATE: NOVEMBER 12, 1997
This is second reading and a public hearing 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.
At first reading on November 4th, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 50-97 on second and final
reading.
ref:agmemol5
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JANET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (I,,DRS)
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
I
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 Approvals, 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 1. 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 ~ ~OPTED in regular session on second and final
reading on this the 18th day of Nove~er , 1997.
ATTEST:
J Cit~ ~ierk - '
First Reading November 4, 1997
Second Reading November 18, 1997
- 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. 46-96 915/95]
(1) Development 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 $ !,900 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 $ '!.50 1.200
uses
(f) Conditional Uses, New application $ ~50 900
Modification requiring Board Review $ 200 500
(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: New """""~+~"" ';"'"'"~"" · cnn/,,,'~
w~.~.,,v~,v,, %.,.v,w~.~ ~. v~,,v % ,;
~A,-,,~m,--,+;,-,~, ..... .',;,,,, ~,,...,~ c,,,,,; .... $ 500
Class I (Nomlmuacting Modification) ~ 50
Class II (Non-lmDacting with Board Review) j 150
Class III (Minor Modification) .,$_ 400 (1)
Class IV (Major Modification) .$. 750 (1)
Class V (New Submission'. ~ 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)
- nc ccnstruct~cn $ 599
(I) Plats
D .... ~"" O"~t"' Minor Subdivision $ ~nn 750 (1)
Major Subdivision $ ~,500 (~)
~lat ~ecorOin~ Fee [~md. Ord. 40-05 ~181~$] ~
(m) Abandonments
Right-of-way $ 500
General Easements $ 200 300
Specific Easements $ ~ 150
(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
~ Waivers and Internal Ad!ustments $ 100 per request (.6_)
$ 200 per request LZ~
~ Appeals by Applicant _$_ 200 (8)
~.) Re-advertising- (9)
(aa) Zoning Verification 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]
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.
(6) For reo. uests made during the site plan / master plan review process.
(7) For re~.uests made subsequent to the site plan / master plan review
process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) 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: TI~ Dl.-~,n; .... ,-I ?,~.~;.~. ~,,a,,~ ,,, 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). ~The 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:
Class V: New application for development of vacant land,
or for modification of a developed property when no valid
site plan of record exists and which requires full review of
Performance Standards found in Section 3.1.1.
(2) Required 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 Development 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 ""'"; .... *;-"- '~'; .......;'-" 'r~, .... ,.c..;~,,-..,;,.,~,. "'c
der. s,,.~-as follows:
~.v,~,,,v,,~ ~,~, ~,,~ ,,v ,,,.~v~ ~v,, ~j~v~,,~ ~.,~ ,, ~,~]
i pact when ''~ ..... d
~ ....~;~..,~ .... a malar' mad!float!an ;c ~,,~-e which precent~ a
~ .....s~gnificant impact upon *~;';+;~-
................. concurrency; upon
(a) CL~85 I: A~roval of items listed in Section 2.4.5(I)(.1) such
as but not limitod to: walls, fonces, slabs, dumpstor
enclosures, sheds, otc. which do not require Board review:
and chan~e, in architectural olev0li0n, which r~q~iro ~oard
review.
(b) CLA88 I1: Approval of a modification to a site plan (other
than ~lass I a~lications) which requires n0 roview of
~efformanco Standards found in Section 3.~.~. but which
ro~ukes action by a Board.
CL~8~ Ill: ~ modification to tho silo ~10n which r~pre~onts
oithor a chan~o in intonsitg of use. or which ~ffocts the
s~atial relationship amon~ im~r0v~m,nt, on lhe ~an0.
ro~uirin9 ~a~ial reviow 0f ~eff0rmance Standards found in
Section 3.~.~.
Exhibit "A" to Ordinance 50-97 Page 5 of 10
(d) CLASS IV: A modification to a site plan which represents
either a significant change in the intensit_v of use or
significant changes which, affect the spatia! relationship
among improvements on the land. requiring full review of
Performance Standards found in Section $.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 I1: 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;--'-'..... ...,...e+-"-'~-~-'~........ Class Ill and IV: Completed. Application,
and Re~.uired Information as applicable ~ 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
c~,an,,e~. ~,, are ,,,..~,, , ,,
for t? "~' ..........
(3) Procedure: A site and development plan modification shall be
processed as follows, pursuant to its ~ classification:
(a) ,a,,,_;. .... ..... *;--"... . Class I and I1: Receipt and acceptance, of
the submittal, administrative review, and action by the
Director, or hi~-der, i~ appropriate review Board if
applicable.
(b) u;,,,~: 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 Zoning Board or City_ Administration; or
an individual may request an amendment pursuant to the following proced~lre.
Required Information:
A formal letter of request which references the subject LDR
section and provides a rationale for the reauested
amendment.
Draft of proposed ordinance including language to be
amended.
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 se~.uence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and
Zoning Board:
Lc_,) Forwarding of a recommendation for approval to the City
Commission and consideration at first reading of the
enacting ordinance:
(d) Public hearing before the City Commission and adoption or
re!ection at second reading.
(4) Ccnditions: The proposed language for the amendment to the
LDR~; may be altered by the Planning and Zoning Board or the City_ Commission.
(5) Findings: In addition to provisions of Section 1.1.6(A). the City
Commission must make a finding that the text amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Exhibit "A" to Ordinance No. 50-97 Page 7 of 10
(6) Limitations of Amendments: Whenever the City Commission 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 ($) affirmative
votes of the City_ Commission when such action is found and deemed necessary to
prevent injustice 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!udice".
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) Required 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;
(c) 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
aD.Dropriate processing 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
approDriate Drocessing 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 apDro.Driate
processing 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 (1) Rule
(2) Required Information
(3) Procedures
(4) Conditions
(5) 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 ~'~
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF NOVEMBER 18, 1997
ORDINANCE NO. 51-97 (LDR AMENDMENTS TO HEIGHT
REGULATIONS RELATED TO THE LARGE HOME COMPATIBILITY
ISSUE)
DATE: NOVEMBER 14, 1997
During the discussions on the large home compatibility issue, the
City Commission reached a consensus with respect to how height is
to be defined and regulated. Ordinance No. 51-97 enacts these
changes and is before the Commission for first reading. An
analysis is provided in the attached staff report.
Recommend approval of Ordinance No. 51-97 on first reading. If
passed, a public hearing will be scheduled for December 2, 1997.
ref:agmemoll
FAILED ON 1ST READING - 11/18/97
ORDINANCE NO. 51-97
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 DETACHED HOMES WEST OF A1A; AMENDING SECTION
4.3.4(J) (3), "EXCEPTIONS TO DISTRICT HEIGHT
LIMITATIONS", TO PROVIDE HEIGHT LIMITS FOR BUILDING
APPURTENANCES ON ALL SINGLE FAMILY AND DUPLEX
STRUCTURES THROUGHOUT THE CITY OF DELRAY BEACH;
AMENDING APPENDIX "A", "DEFINITIONS", BY MODIFYING
THE DEFINITION OF BUILDING HEIGHT TO COMPORT WITH
SECTION 4.3.4(J) (1); 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
follows:
(J) ~eight:
(1) Defined: For all sinqle family detached homes west of
A-I-A, heiqht shall be defined as the vertical distance from grade to
the hiqhest finished roof surface of a flat roof or the hiqhest point
of the roof of a qable, hip, or gambrel roof. For .all other
structures, height is defined as tThe 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).
FAILED ON 1ST READING - 11/18/97
FAILED ON 1ST READING - 11/18/97
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(J) (3),
"Exceptions to District Height Limitations", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(3) Exceptions to District Height Limitations:
(a) Free-Standing Features: The height limitations
contained in Subsection (K), Development Standards Matrix, shall not
apply to free-standing antennas, chimneys, conveyors, cooling towers,
flag poles, radio towers, silos, or television towers. However, any
part of any such structure, or feature, shall not extend above the
height of sixty-four feet (64') unless specifically approved by
action of the City Commission.
(b) Appurtenances on Buildings: Chimneys, cupolas or
other appurtenances on sinqle family and duplex structures are
limited to a maximum of five feet (5') above the hiqhest part of the
proposed structure or the minimum required by the Standard Buildinq
Code, whichever is qreater. On all other structures, a~ppurtenances
usually required to be placed above the roof level of a building and
not intended for human occupancy may be allowed to extend above the
height limitations contained in Subsection (K), but only when
specifically approved by action of the Site Plan Review and
Appearance Board.
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 "A"
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.
- 2 - Ord. No. 51-97
FAILED ON 1ST READING - 11/18/97
FAILED ON 1ST READING - 11/18/97
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
M A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 51-97
FAILED ON 1ST READING - 11/18/97
o
0 ~ ~
~ ~ 0 w
~ o o o o o
FAILED ON 1ST READING - 11/18/97
TO: DAVID T. HARDEN
THRU: DIANE DOMINGUEZ, DIRE¢~
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING,~,J~INCIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 18, 1997
LDR AMENDMENTS TO SECTIONS 4.3.4(J)(1) HEIGHT, AND
"APPENDIX A" DEFINITION SECTION OF THE LDR'S RELATING TO
THE LARGE HOME TASK TEAM RECOMMENDATIONS
The action before the Commission is approval of LDR changes relating to the large
home compatibility issue as discussed by the Large Home Task Team. The proposed
amendments include LDR Sections 4.3.4(J)(1)&(3) "Height", and Appendix A,
"Definitions".
~; ':'i:r'::::: ::: ::: ::: :::: ;:::::: ::;: ::: :: : ::::::: :::::::: :::::::: :::::::; :::::::;:: :::::: :::: :::: :::: :::: .............. ::: ....... :::::::::::::::::::::::::::::::::::::::::::: ::':
I
At the public hearing on November 4, 1997 the City Oommission denied Ordinance No.
44-97 on second reading and requested that the item be workshopped at their
November 11, 1997 meeting. During workshop discussions the City Commission was
unable to come to a consensus on certain elements of the proposed LDR changes
involving setbacks and the implementation of FAR's to single family zone districts. The
City Commission was able to reach a consensus on the proposed changes in definition
to height and these changes are now before the City Commission for action.
The proposed changes will result in the height being measured 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. The current definition measures the roof height to
the mean of a gable, hip and gambrel roof. The new regulations also include a height
limit for chimneys, cupolas, or other building appurtenances on single family and duplex
structures to a maximum of 5' above the highest part of the proposed structure or the
minimum required by the Standard Building Code, which ever is greater. Height of
appurtenances on all other buildings are currently addressed under LDR Section 4.3.4.
(J)(3). The change in the definition of height will apply to all single family homes west
of A-I-A while the height limits to building appurtenances will apply to all single familly
and duplex structures City wide.
City Commission Documentation
LDR Amendments Relating to the Large Home Task Team's Recommendations
Page 2
The Planning and Zoning Board considered the proposed changes to the height
regulations as a part of the Large Home Task Team recommendation at their meeting
of September 15, 1997. The Board supported this aspect of the change and
recommended that the Large Home Task Team recommendations be adopted by City
Commission.
1. Continue with direction.
2. Approve Ordinance No. 51-97 which modifies LDR Section 4.3.4 (J)(1)&(3) and
Appendix A involving the definition of height (35' to the highest point of the roof).
3. Deny Ordinance No. 51-97 with reasons stated.
Attachments:
Changes to Section 4.3.4(J)(1)"Height"
Definition for Building Height
(J) Height:
(1) Defined: For all single family detached homes west of A-1-A 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. 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 6/11/9'1]
(3) Exceptions to District Height Limitations:
(a) Free-Standing Features: The height limitations contained in
Subsection (K), Development Standards Matrix, shall not apply to
free-standing antennas, chimneys, conveyors, cooling towers, flag
poles, radio towers, silos, or television towers. However, any part of
any such structure, or feature, shall not extend above the height of
sixty-four feet (64') unless specifically approved by action of the City
Commission.
(b) Appurtenances on Buildings: Chimneys. cupolas or other
appurtenances on single family and duplex structure8 are limited to .~
maximum of 5' above the highest part of the proposed structure or the
minimum required by the Standard Building Code, which ever is
greater. On all other structures, A-appurtenances usually required to
be placed above the roof level of a building and not intended for
human occupancy may be allowed to extend above the height
limitations contained in Subsection (K) but only when specifically
approved by action of the Site Plan Review and Appearance Board.
11/9/97
from: R. Paul & Susan Pfeiffer ~-. i.~ t~l~
820 NW 22"~ Ave
Delray Beach, Fla.
to: Mr. David Hardin, City Manager
Delray Beach City Clerks Office
Please include these enclosed letters in the Nov. t8~ council meeting
package. I intend to be present for the "From the public" part of the meeting
to address any questions the council members may have.
Thank you;
R. Paul & Susan Pfeiffer
56t-272-0323
~9~97
from: R. Paul & Susan Pfeiffer
820 NW 22nd Ave.
Delray Beach, Fla.
to: Delray Beach City Council
I would like to suggest a simple solution to a hazardous situation in
this town. Because of the way they are worded, the signs along the public
beach on AIA prevent dog owners from walking in the safety of the public
sidewalk. They are forced to risk their pet's and their own safety by walking
on the west side of the road to the north or south end of the Public Beach.
It is not illegal, as I understand it, to exercise our pets past either end of the
Public Beach on the private beaches.
I suggest changing the wording on the signs on the beach to read, "NO
DOGS ALLOWED ON PUBLIC BEACH". I think everyone wins if this is done.
Dogs are still NOT allowed on the Public Beach and pet owners are allowed to
use the safety of the public sidewalk to get where they are going. Of course
current standards of cleaning up after our pets will be maintained.
The cost of changing the signs should be quite Iow when compared to
the legal and medical expenses that would be involved if someone or their pet
accidentally got struck by a car because they were net allowed to walk in the
safety of the public sidewalk.
Thank you for considering this suggestion.
Sincerely;
Pet Owners
R. Paul & Susan Pfeiffer
561-272-0323