03-05-96 Regular DELRAY 8EACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
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COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243-7127
(voice) or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably 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 ~or group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. Ail
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
Regular Commission Meeting
March 5, 1996
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of February 20, 1996
6. Proclamations:
A. Recognizing the City of Jerusalem's Trimillenium and supporting
the 16th Jerusalem Conference of Mayors to be held March 18-23,
1996
B. OF NOTE:
Parkinson's Disease Awareness Month - April, 1996
7. Presentations:
A. Sandra Eriksson - 1995 City Golf Championship Awards:
Women's Championship - Horty Amernick
Women's First Flight - Wanda Goodleaf
Men's Championship - Randy Morcroft
Men's First Flight - Gerry Laffin
Men's Second Flight John Weaver
Senior Men - Bob Bednarski
Super-Seniors - Ted Hobson
B. Carol Blacharski, Principal - Japanese Program at Carver Middle
School
8. Consent Agenda: City Manager recommends approval.
A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 96-1: Formally
initiate Comprehensive Plan Amendment 96-1 pursuant to LDR
Section 9.2.1.
Regular Commission Meeting
March 5, 1996
B. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve
funding subsidies for two eligible applicants under the Delray
Beach Renaissance Program, totaling $18,270; $13,702.50 from
HOME (Account No. 118-1923-554-83.01), and $4,567.50 from SHIP
(Account No. 118-1924-554-83.01).
C. RESOLUTION NO. 20-96: Adopt a resolution endorsing State House
Bill 257 and companion State Senate Bill 200, making it an act
of child abuse for a person 21 years of age or older to
impregnate a child under 16 years of age, and that such crime
would constitute a felony of the third degree.
D. RESOLUTION NO. 21-96: Adopt a resolution authorizing the City
to acquire three vacant lots on S.W. 13th Avenue (Lots 2, 3 and
5, Block 4, Atlantic Park Gardens) to provide for housing
pursuant to the City's Affordable Housing Program, and
accepting the Contract for Sale and Purchase, in the amount of
$24,000 from Housing and Urban Development - Land Acquisition
118-1974-554-61.10.
E. ASSIGNMENT AGREEMENT/HABITAT FOR HUMANITY: Approve an
assignment agreement between the City and Habitat for Humanity
of Boca-Delray wherein the City will assign its interest in the
Atlantic Park Gardens property authorized for acquisition by
Resolution No. 21-96.
F. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GLEASON STREET TOWN-HOMES:
Approve an agreement between the City and Ainsley Crescent
Corporation to allow the waiver of the requirement to construct
sidewalks in conjunction with the Gleason Street Townhomes
project until such time that the City requires sidewalks to be
constructed along the entire length of Gleason Street.
G. AMENDMENT TO AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF
LAKE IDA ROAD IMPROVEMENTS: Approve an amendment to the
agreement with Palm Beach County, fixing the cost for construc-
ting City designed improvements on Lake Ida Road from Swinton
Avenue to N.E. 2nd Avenue at $243,378.70.
FINAL PAYMENT/GEE AND JENSON: Approve final payment in the
amount of $1,313 to Gee and Jensen for construction administra-
tion services on the Pompey Park pool and bath house project,
with funding from 334-4170-572-63.45.
I. AGREEMENT WITH PULTE HOMES REGARDING WATER MAIN CONSTRUCTION
FOR KOKOMO KEY: Approve an agreement between the City and
Pulte Home Corporation to allow for the installation of an 8
inch water main to serve the Kokomo Key development on North
Federal Highway.
J. COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL BROTHER-
HOOD OF FIREMEN AND OILERS: Ratify the collective bargaining
agreement between the City and the International Brotherhood of
Firemen and Oilers, AFL-CIO Local 1227.
-3-
Regular Commission Meeting
March 5, 1996
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period February 19 through March
1, 1996.
L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Cummins Southeastern Power, Inc. for the
purchase of a trailer-mounted 175kw generator, in the
amount of $55,205 from 441-5161-536-64.90.
2. Bid award to Bermuda Landscaping and Design, Inc. for the
West Atlantic Gateway Parks landscaping, in the amount of
$55,148.50 from 334-4141-572-61.60.
3. Bid award to Castle Building Corporation for the Vista Del
Mar irrigation and landscaping improvements, in the amount
of $22,370.40 from 334-4141-572-63.20.
4. Bid award to Lanzo Lining Systems (via Miami-Dade Water
and Sewer Department contract) for sanitary sewer rehabil-
itation, in the amount of $28,160 from 442-5178-536-63.51.
5. Bid award to Maroone Chevrolet and Heintzelmans Trucks for
replacement vehicles for various departments, in the total
amount of $147,604 from 501-3312-591-64.20.
9. Regular Agenda:
A. SILVER TERRACE REDEVELOPMENT PLAN: Consider adoption of the
Silver Terrace Redevelopment Plan and initiation of Future Land
Use Map amendments and rezonings necessary for its
implementation.
B. TROPIC BOULEVARD CURB AND SIDEWALK PROJECT: Consider a request
to expand the sidewalk and curb improvement project on Tropic
Boulevard to include a sidewalk on the south side of the street
and new curbing for the medians.
C. CONCEPTUAL APPROVAL AGREEMENT FOR SANDOWAY HOUSE: Consider a
Conceptual Approval Agreement between the Florida Communities
Trust (FCT), the City and Palm Beach County regarding the
Sandoway House property.
D. RESOLUTION NO. 19-96: Consider a resolution vacating and
abandoning a portion of the north/south alley right-of-way
lying west of and adjacent to Lots 26 and 27 within Las Palmas
Subdivision, located at the northwest corner of N.E. 4th Street
and Palm Trail. City Manager recommends alternative action.
E. PROCEDURES FOR REVIEW AND PROCESSING OF TRAFFIC MODIFICATION
MEASURES: Consider adoption of procedures for the review and
processing of traffic modification measures in neighborhoods,
including street closures.
--4--
Regular Commission Meeting
March 5, 1996
F. GARBAGE COLLECTION SURVEY RESULTS: Consider the results of the
garbage collection survey on curbside vs. rear door service.
G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a
member to the Historic Preservation Board to fill an unexpired
term ending August 31, 1996. Appointment-by Mayor Lynch.
10. Public Hearings:
A. ORDINANCE NO. 8-96: An ordinance modifying the Community
Redevelopment Plan to accommodate changes to Project #2.4,
"Downtown Mixed Use Redevelopment Project", and to establish
the "Grant Administration Program".
B. ORDINANCE NO. 11-96: An ordinance modifying the approved
Waterford Place/Delint Special Activities District (SAD) to
replace 322,413 square feet of office space with a 300 unit
apartment complex and a 78 room residence/business hotel.
QUASI-JUDICIAL HEARING
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. 13-96: An ordinance amending LDR Section 6.3.3,
"Movable Fixtures within the Right-of-way", to provide for
regulations on the placement, appearance and maintenance of
newsracks. If passed, public hearing on March 19, 1996.
B. ORDINANCE NO. 14-96: An ordinance amending Chapter 100,
"Nuisances", of the City Code by enacting a new Section 100.09,
"Lands To Be Kept Free Of Palm Trees Infected With Lethal
Yellowing". Recommend adoption as an emergency ordinance.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
5
W~ER~AS, in 1996 the City of Jerusalem will
commemorate its Trimillennium, marking the 3,000th anniversary
since King David made it the eternal capital of the Jewish
nation; and
W~ER~AS, for the past 3,000 years, the City of
Jerusalem has been a site of pilgrimage and a source of
inspiration to artists and visionaries, calling forth religious
longing and artistic creativity in all ages and in all
continents around the globe; and
WHEREAS, the Trimillennium will offer an
opportunity to support the efforts of the City of Jerusalem to
preserve and protect its unique historic and religious
character while developing as a modern city for the benefit of
its residents and visitors; and
WHEREAS, the Trimillennium will offer an
opportunity to express Jerusalem's firm commitment to keep the
city a place where all people are welcome to freely practice
their faiths and visit the shrines holy to their religions; and
WHEREAS, the United States Conference of Mayors is
a major sponsor of the Jerusalem Conference of Mayors and will
be sending a delegation to the sixteenth such conference to be
held from March 18, 1996 through March 23, 1996.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby extend best wishes and warm greetings to
the municipality and people of Jerusalem on this the three
thousand year anniversary of their city's establishment.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 5th day of March, 1996.
MAYOR
THOMAS E. LYNCH
SEAL
WHEREAS, Parkinson's Disease is a progressive
neurological crippling disorder that attacks the nervous system
affecting more than 1,500,000 people in the United States; and
WHEREAS, extensive research in laboratories
throughout the world has led to improved treatment in
alleviating symptoms while searching for a cure; and
WHEREAS, the American Parkinson Disease
Association, Inc., continues its campaign to keep Parkinson
patients informed of ongoing research, available medications
and the importance of speech therapy and exercise through its
network of 76 Chapters, 45 Information and Referral Centers and
over 500 Support Groups; and
WHEREAS, the All-Volunteer Parkinson Support
Groups and Chapters across America are dedicated to developing
community awareness of Parkinson's Disease. They promote
discussions, mutual sharing and support among patients and
family members, and sponsor educational programs and social
activities that help stimulate research.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim the month of April 1996 as
PARKINSON'S DISEASE AWARENESS MONTH
in Delray Beach, and recognize the American Parkinson Disease
Association, Inc., for its many efforts in the control and
conquer of this disorder
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 6th day of March, 1996.
MAYOR
THOMAS E. LYNCH
SEAL
Wi,RANDY MORCROFT, 75, 150 HORTY AMERNICK, 92, 182
SCOTT TOBIAS, 78, 155 LORAINE WERNER, 98, 184
ED SMITH, 80, 164 CATHY SHEFFER, 96, 186
STEVE MCFARLING, 85, 166 DOROTHY DINGLE, 95, 189
MARK DAGNAN, 82, 168 EVA LOCHRIDGE, 94, 192
JIM MCGUIRE, 87, 170 FRAN ALLEN, 101, 194
SAM DEOTO, 83, 174 HESCHMAT NEESE, 100, 202
GARY FELLING, 84, 174 MARY NICHOLS, 108, 216
ALEX OXENHAM, 82, 184
DAVE OXENHAM, 94, 184
ANDREW GOMBERG, 85, I)Q
JERRY MORRIS, 87, Wi) SHIRLEY WOLFF, 104, 204
MICHAEL TIERNAN, 87, Wi) ARLENE DEMBROSKY, 108, 213
WALTER BOWLBY, 89, Wi) FADUA BEDNARSKI, 117, 225
ANGE SPOSATO, 96, 183 STANLEY ZANIEWSKI, 93, 188
BRAD ANDERSON, 101, 184 ED PECKELS, 99, 194
CHUCK WALTER, 86, 185 PAUL FAZIO, 98, 197
FRANK GOODLEAF, 95, 188 WILLIAM CHWALIK, 107, 204
MIKE CHWALIK, 97, 189 STEVE ROBERTS. 108, 210
ED JASKIEWICZ, 96, 190 TAD WALTER, 108, 214
ROBERT MESSIER, 95, 192 CAL BURNES, 113, 219
MIKE SCHREY, 88, WD KENNY VAN ARNEM, 110, 223
TOM RUSSO, 108, WD JAY ALPERIN, 115, 225
ROBERT THOMAS, 95, 179 DON FOXE, 89,174
NEWT HODGKINS, 90,178
DUDLEY REMUS, 92, 182 DON KIRCHHOFF, 89,180
HENRY READ, 92, 183 PAT PALASTRO, 98,189
LEE AMERNICK, 96,197
J.P. CARRODUS, 94, 186 L. WEITZMAN, 98,197
ANGELO STAFFIERY, 98, 190 G. LAUDERMILCH, 103, 202
ROBERT KEEFE, 101, 208
LEO MENARD, 98, 194 WILLIAM CARNEY, 108, 209
PETE PRESTON, 102, 195 RaY VACHON, 109, 213
EDWARD STEWART, 107, 222
JOHN VERNALI, 104, 202 FRED DAUD, 119, 234
JOHN DICERCHIO, WD IRVING PINE, 119 ,WD
DELRAY BEACH GOLF CLUB ,-, JANUARY 17,,-,14, 1996~
Saturday: 40'-$0's & blusteo'! Sunday: Sttn~y & Ion, 70's by competitioB's end!
A Dubin & Associates Managed Property --
CiTY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: TOR OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 5. 1996
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 96-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of initiating Comprehensive
Plan Amendment 96-1. Pursuant to LDR Section 9.2.1, "a Plan Amendment
shall only be initiated by formal action of the City Commission." Thus, this item is
before the City Commission for'formal action.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive Plan each
year. This amendment (96-1) will be the first such amendment for 1996.
The Planning and Zoning Board formally reviewed this item at its meeting of
February 26, 1996. The Board recommended unanimously that the City
Commission initiate Comprehensive Plan Amendment 96-1, containing the items
in the Planning and Zoning Board Memorandum Staff Report.
RECOMMENDED ACTION:
By motion, initiate Comprehensive Plan Amendment 96-1 pursuant to the
recommendation of the Planning and Zoning Board.
S:\adv\comp\961 INIT2
MEETING OF: February 26, 1996
AGENDA ITEM: VI.B. RECOMMENDATION TO THE CITY COMMISSION
REGARDING THE INITIATION OF PLAN AMENDMENT
96-1
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the City
Commission those items which should be considered in Comprehensive
Plan Amendment 96-1. Pursuant to LDR Section 9.2.1, amendments to
the Plan must be formally initiated by the City Commission.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive Plan each
year. This amendment (96-1) will be the first such amendment for 1996.
The first amendment of the year generally focuses on updating the work program
in our Plan; updating the status of various objectives and policies; corrections
and general housekeeping; and amendments to the Future Land Use Map.
However, this year we are in the process of developing the Evaluation and
Appraisal Report (EAR), which is a detailed review of the entire COmprehensive
Plan. Therefore, we intend to minimize the number of amendments to the Plan
during the EAR process, bringing forward only those amendments necessary to
continue the business of growth management. The items suggested for
inclusion in the Plan Amendment are listed below:
· Changes to the land use descriptions in the Future Land Use Element
associated with redevelopment planning for the North Federal Highway
Improvement Program.
· Changes in the Future Land Use Element to identify categories in which
public schools are allowed, and identiflj school sites to meet projected needs,
pursuant to new statutory requirements.
· Future Land Use Map Amendments
Silver Terrace Redevelopment Area
Office Depot
North Federal Highway Improvement Area
VI.B.
Planning and Zoning Board Staff Report
Recommendation to the City Commission Regarding the Initiation of Plan Amendment 96-1
Page 2
SCHEDULE FOR REVIEW:
The tentative schedule for processing Plan Amendment 96-1 is as follows:
March 5, 1996 Initiation by City Commission
April 15, 1996 Planning and Zoning Board Hearing
May 7, 1996 City Commission Transmittal Public Hearing
Mid - July Receipt of ORC Report
Mid - August Adoption
RECOMMENDED ACTION:
By motion, recommend that the City Commission initiate Comprehen..sive Plan _
Amendment 96-1, containing the material stated in this staff report.
S:~adv\cornp\961 INIT1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~'I
SUBJECT: AGENDA ITEM ~ Y'~' - MEETING OF MARCH 5, 1996
FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM
DATE: MARCH 1, 1996
This is before the Commission to approve funding subsidies for
two eligible applicants under the Delray Beach Renaissance
Program which focuses on very low, low, and moderate income
persons. The Renaissance Program Memorandum of Understanding was
approved by the Commission on January 23, 1996.
In partnership with the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan
Bank of Atlanta and the Delray Beach Housing Authority, the City
is committed to providing homeownership opportunities to 80 home
buyers through new construction and acquisition/rehabilitation
beginning October 1, 1995 through September 30, 1997.
The Renaissance Program's partner and first mortgage lender is
the Community Financing Consortium, Inc., and the maximum subsidy
amount per applicant is $20,000. The two applicants are Virginia
Haynes for vacant property located at 234 N.W. 6th Avenue, in the
amount of $6,300; and Dian President for vacant property on S.W.
4th Avenue, in the amount of $11,970.
Recommend approval to fund subsidies for two eligible applicants
totaling $18,270; $13,702.50 from HOME (Account No. 118-1923-554-
83.01), and $4,567.50 from SHIP (Account No. 118-1924-554-83.01).
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 2-27-96
Regular Agenda
Special Agenda
Workshop Agenda
~ Consent Agenda When: 3-6-96
'Description Qt, it~(who, what, where, how much):
Request for t~,~J of funding subsidy for two eligible applicants under
the Delray Beach Renaissance Program totaling $18~270.00.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval for issue of subsidies to applicants.
Funding from HOME account #118-1923-554-83.01 in the amount of $13~702.50 and
SHIP account #118-1924-554-83.01 in the amount of $4~567.50.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:/~NO
Funding alternativ~ ,i~.n ..... ~_ . (i~.aDDli~able~
~ Account No. & Desc~pt~:
~,Account Balance: ~)/-~'{w/ '- '
City Manager Review:
Approved for agenda: 'E~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director ~_~
From: Dorothy Ellington, Community Development Coordinator
l)ate: February 27, 1996
Subject: Renaissance Program Subsidy Recipients
ITEM BEFORE THE COMMISSION:
City Commission authorization and approval to issue subsidy to eligible applicants under the Delray Beach Renaissance
Program.
BACKGROUND:
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on
January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the
Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we are committed to providing homeownership oppommifies to 80
homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997.
The Renaissance Program focuses on very low, low and moderate income persons in Dekay Beach.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing
Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and
information on financial planning, credit and borrowing, budgeting, fair housing ismes, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Renaissance Program maximum subsidy amount per applicant is $20,000. The Grant is secured by a Promissory
Note approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period
according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year
for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a
rate of 10% per year for 10 years.
RECOMMENDATION:
Staff is recommending City Commission approval to fund subsidies for two eligible applicants for the following
properties:
*Resub of SI/00 Block 38 / $11,970.00
*S 50 of 200 of East 135 of Block 10 / $6,300.00
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY BREAKDOWN
NEW CONSTRUCTION xx CENSUS TRACT 67
ACQUISITION/REHAB
NAME Virginia Haynes
PROPERTY ADDRESS 234 N.W. 6th Avenue, Delray Beach, FL 33444
LEGAL DESCRIPTION S 50 of N 200 of East 135 of Block 10
% OF AREA MEDIAN HOUSEHOLD INCOME 62.4 # IN HOUSEHOLD 4
COST OF HOUSE $ 71,600 LOT COST $ 7,500
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 72. 100 CFC Bank
RATE 6. 625
LTV 89.02
SECOND MORTGAGE $ 6,300 City of Delray
$ 700 CRA of Delray
$
THIRD MORTGAGE $ 3,000 Federal Home Loan Bank
APPLICANT FUNDS
PREPAID $ 305
ESCR FUNDS $ 500
PAID at CLOSING $ 830
TOTAL TRANSACTION $ 83,235
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY BREAKDOWN
NEW CONSTRUCTION xx CENSUS TRACT 68.02
ACQUISITION/REHAB
NAME Dian President
PROPERTY ADDRESS xxx S.W. 4th Avenue, Delray Beach, FL 33444
LEGAL DESCRIPTION Resub of S1/00 Block 38
% OF AREA MEDIAN HOUSEHOLD INCOME 60 # IN HOUSEHOLD 2
COST OF HOUSE $ 75,000 LOT COST $ 8,500
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 65,000 CFC Bank
RATE 6. 625
LTV 77.62
SECOND MORTGAGE $ 11,970 City of Delray
$ 1,330 CRA of Delray
$
THIRD MORTGAGE $ 4,000 Federal Home Loan Bank
APPLICANT FUNDS
PREPAID $ 505
ESCR FUNDS $ 300
PAID at CLOSING $ 4,173
TOTAL TRANSACTION $ 87,678
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~'~'- MEETING OF MARCH 5. 1996
RESOLUTION NO. ~0-96 IN SUPPORT OF STATE HOUSE BILL 257
AND STATE SENATE BILL 200
DATE: FEBRUARY 29, 1996
We have received a request from the Highlands County Board of
County Commissioners to adopt a resolution in support of House Bill
257 and its companion Senate Bill 200. These bills would make it
an act of child abuse for a person 21 years of age or older to
impregnate a child under 16 years of age, and that such crime would
constitute a felony of the third degree. Several other measures,
as described in the resolution, are also proposed in an effort to
combat this very serious problem.
Recommend approval of Resolution No. 20-96.
ref:agmemo4
RESOLUTION NO. 20-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ENDORSING STATE HOUSE BILL
257 AND COMPANION STATE SENATE BILL 200, MAKING IT
AN ACT OF CHILD ABUSE FOR A PERSON 21 YEARS OF AGE
OR OLDER TO IMPREGNATE A CHILD UNDER 16 YEARS OF
AGE, AND THAT SUCH CRIME WOULD CONSTITUTE A FELONY
OF THE THIRD DEGREE; AND FOR OTHER PURPOSES;
PROVIDINGAN EFFECTIVE DATE.
WHEREAS, on November 16, 1995, State Representative Tom
Warner, District 82-Stuart, filed House Bill 257, which would make
it an act of child abuse pursuant to F.S. 827.04(4) for a person 21
years of age or older to impregnate a child under 16 years of age,
and that such crime would constitute a felony of the third degree;
and
WHEREAS, on November 14, 1995, State Senator Locke Burt,
16th District-Ormond Beach/Deland, pre-filed Senate Bill 200, which
is a companion bill to House Bill 257; and
WHEREAS, both HB 257 and SB 200 also require a young
mother under the age of 16 to name the child's father and to provide
a DNA sample from the baby before she can receive any financial
assistance; and
WHEREAS, both HB 257 and SB 200 would permit a young
mother who refuses to identify the father of her child to be charged
with a misdemeanor of the second degree; and
WHEREAS, both HB 257 and SB 200 are designed to close the
loopholes in the current Statutory Rape laws in that consent of a
young girl under the age of 16 to sexual relations with an adult
male, 21 years and older, or the girl's lack of chastity, will no
longer be a defense since the bills clearly state that the offense
is child abuse; and
WHEREAS, according to the 1995 Annual Report on the Impact
of Teenaqe Preqnancy in Florida, which was developed by the Florida
Education and Employment Council for Women and Girls, 3 out of every
4 teenage pregnancies can be traced back to an adult male, many 10
to 15 years older than the girl; and
WHEREAS, according to the same report cited above, adult
men father 77% of births among high school-age girls, and 51% of
births among junior high school-age girls; and
WHEREAS, it is estimated that teenage pregnancies in
Florida cost taxpayers nearly 1.2 billion annually, when factoring
in re~lar and at-risk prenatal care, emergency room and
hospitalization, perinatal intensive care, re-hospitalization,
special education, developmental services, AFDC, Medicaid, crimes
and child abuse; and
WHEREAS, one study found that 66% of the teenagers who
become pregnant were sexually abused with histories of rape, sexual
abuse and physical abuse; and
WHEREAS, it is reported that 60% of adolescents giving
birth for the first time have their delivery fees covered by public
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CI~ OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l: That the City of Delray Beach categorically,
and without reservations, endorses House Bill 257 and its companion
bill, Senate Bill 200, and strongly urges all State Representatives
and State Senators to support these bills.
Section 2: That the City Clerk is directed to forward a
copy of this Resolution to Florida Governor Lawton Chiles, members
of the Florida Senate, members of the Florida House of
Representatives, Palm Beach County Board of County Commissioners,
Florida League of Cities, Children's Services Council and Palm Beach
County School Board members.
Section 3: That this resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 5th day
of March, 1996.
ATTEST:
City Clerk/ ~
-2- Res. No. 20-96
FEB 6
CITY COMMISSIONO_F, O_UN .C O__M..M,SS,ONERS
.... ' ]996
Dear Child Advocates:
Today, in an effort to help fight the ever escalating problems associated with
teen pregnancy in our state, the Board of County Commissioners in Highlands
County took a strong proactive position by adopting the attached Resolution, which
officially endorses State House Bill 25? and its companion bill in the Senate, Senate
Bill 200. A copy of this Resolution is being sent to aii State Senators and State
Representatives.
Additionally, I am asking governmental bodies, groups, organizations, and
your constituents to take similar actions to support these bills.
For years I have had serious concerns about teenage pregnancy in our
country. This social epidemic is costing taxpayers millions of dollars annually in
Florida alone. Additionally, from a first hand experience, I am acutely aware of the
emotional, social, and economic devastation experienced by many young girls who
become pregnant by adult males.
Please consider the following startling statements contained in the 1995
Annual Report on the Impact of Teena2e Pre~nancv in Florida. This report was
developed by the Florida Education and Employment Council for Women and
Girls:
Nearly 3 out of every 4 teen a~e ~ret~nancies can be traced back to an adult male~
many 10-15 years older than the girl. Adult men father 77*/0 of births among
high school-age girls, and 51% of births among junior high school-age girls.
· Florida ranked 12th highest in the nation for births to girls ages 1S-17 in 1992.
· Figures from 1994 show that Florida had one of the highest teen pregnancy rates
in the country with over 17,487 babies born to teenage mothers.
· One study found that 66% of the teenagers who became pregnant were sezual~y
abused with histories of rape, sexual abuse and physical abuse.
· Nearly 60% of adolescents giving birth for the first time have their delivery fees
covered by public funds.
Please actively and visibly support HB257/SB200.
Sincerely,
Doris Gentry, Chairman ~/~ I q ¢
Board of County Commissioners
Highlands County, Florida c,r?Y CL,ERK
P.O. BOX 1926 Sebring, Florida 33871 - 1926
FAX (941) 386-6507
RESOLUTION NO..96- z~
Resolution Endorsing State House Bill 257 and
companion State Senate Bill 200
Whereas, on November 16, 1995, State Representative Tom Warner,
District 82 - Smart, filed House Bill 257, which would make it an act of child
abuse pursuant to F.S. 827.04 (4) for a person 21 years of age or older to
impregnate a child under 16 years of age, and that such crime would constitute a
felony of the third degree; and
Whereas, on November 14, 1995, State Senator Locke Burt, 16th District
- Ormond Beach/Deland, pre-filed Senate Bill 200, which is a companion bill to
HB 257; and
Whereas, both HB 257 and SB 200 also requires a young mother under the
age of 16 to name the child's father and to provide a DNA sample from the baby
before she can receive any financial assistance; and
Whereas, both HB 257 and SB 200 would permit a young mother who
refuses to identify the father of her child to be charged with a misdemeanor of the
second degree; and
Whereas, both HB 257 and SB 200 is designed to close the loopholes in
the current Statutory Rape laws in that consent of a young girl under the age of 16
to sexual relations with an adult male, 21 years of age and older, or the girl's lack
of a chastity, will no longer be a defense since the bills clearly state that the
offense is child abuse; and
Whereas, according to the 1995 Annual Report on the Impact of Teenage
Pregnancy in Florida, which was developed by the Florida Education and
Employment Council for Women and Girl~ 3 out of every 4 teen age
pregnancies can be traced back to an adult male, many 10-15 years older than the
girl; and
Whereas, according to the same report cited above, adult men father 77%
of births among high school-age girls, and 51% of births among junior high
school-age girls; and
Whereas, it is estimated that teenage pregnancies in Florida cost taxpayers
nearly 1.2 billion annually, when factoring in regular and at-risk prenatal care,
emergency room and hospitalization, perinatal intensive care, re-hospitalization,
special education, developmental services, AFDC, Medicaid, crimes and child
abuse; and
Whereas, one study found that 66% of the teenagers who become pregnant
were sexually abused with histories of rape, sexual abuse and physical abuse; and
Whereas, it is reported that 60% of adolescents giving birth for the first
time have their delivery fees covered by public funds; and
Whereas, it is recognized that in Highlands County alone over the past 5
years, that 307 girls, ages 16 years of age and younger, have given birth, and that
this startling statistic reflects actual births to young teen residents in Highlands
County.
NOW, THEREFORE, BE IT RESOLVED THAT THE HIGHLANDS
COUNTY BOARD OF COUNTY COMMISSIONERS categorically, and
without reservations, endorses House Bill 257 and its companion bill, Senate
Bill 200~ and that all State Representatives and State Senators are strongly
urged to support these bills.
BE IT FURTHER RESOLVED THAT THE HIGHLANDS COUNTY
BOARD OF COUNTY COMMISSIONERS hereby directs that a copy of this
Resolution be forwarded to Florida Governor Lawton Chiles, members of the
Florida Senate, members of the Florida House of Representatives, County
Commission Chairs throughout the State of Florida, Executive Director - Florida
Association of Counties, Florida Association of County Social Service Executives,
all Mayors in the State of Florida, Florida League of Cities, Children'~_.$er~ces.
Councils of Florida, State Health & Human Services Board Chair%..a;fi'd.th~ ~ ~''''
Highlands County School Board Members.
Duly adopted this [i~ day of February, 1996
ATTEST ?'" ' ....... : ...... re,;
' "1~' Doris Gentry, Chairman
Clerk of Court %~5'}-. ...'"e..~Z~.~ Board of County Commissioners
"~ ....... ~' Highlands County, Florida
[:lTV DF: DELRltV BEll[K
FACSIMILE
W~r's Direct L~e: (~7) 243-7~
DELRAY BEACH
Ali.America City
~ DATE: February 27, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Resolution authorizing acquisition from Roger M. Coffey
Lots 2.3 and 5. Block 4. Atlantic Park Gardens
The approval of the following resolution will authorize the City Attorney's Office to
acquire for the City Lots 2, 3, and 5 of Block 4, Atlantic Park Gardens. The Lots are
being acquired as part of the City's affordable housing program, and will be donated to
Habitat for Humanity of Boca - Delray for their use.
The Lots are each located on S.W. 13th Avenue, just south of S.W. 2nd Street. Lots 1
and 3 are approximately 13,800 square fee combined, and lot 5 is approximately 6,900
square feet. The parcels are vacant at this time. Approval of the resolution authorizing
the contact is recommended.
Please call if you have any questions.
/ilk
cc: David Harden, City Manger
Lula Butler, Director Community Improvements
Dorothy Ellington, C. D. Program Coordinator
Alison MacGregor Harry, City Clerk
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: February 29, 1996
Regular Agenda :
Special Agenda
Workshop Agenda
x Consent Agenda When: March 5, 1996
· Description of item (who, what, where, how much): Contract for
Sale and Purchase between Roger Coffey and City of Delray Beach and Assignment
~reement between the City and Habita for Humanity. Related Item:' City Aftorney's
Agenda Request with accompanying Resolution and Contract.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation}.
ORDINANCE/ RESOLUTION REQUIRED: ~ESYNO Draft A'ttached: YES/NO
Recommendation: Staff recommends approval. Funding from the Bootstrap Land
Acquisition line item: 118-1974-554-61.30
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:~~
~ /;/
City Attorney Review/ Recommendation (i~ applicable):
Budget Director Review ( required on all items involving
expenditure of funds):
Funding available: E~NO
Funding alternatives:
Account No. & Descriptioh:
Account Balance:
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
Memorandum
To: David Harden, City Manager
/L
Thru: Lula Butler, Community Improvement Directo~],,'~
From: Dorothy Ellington, Community Development Coordinator ~'
Date: February 29, 1996
Subject: Contract for Sale and Purchase between Roger Coffey and the City
of Delray Beach and Assignment Agreement/Habitat for Humanity
of Boca Delray and The City of Delray Beach
ITEMS BEFORE THE COMMISSION
This is to request approval to enter into a Contract for Sale and Purchase with Roger
Coffee and subsequently assign that contract to Habitat for Humanity. The City
Attorney has drafted the authorizing Resolution and Assignment Agreement.
BACKGROUND
Our current agreement with Habitat for Humanity requires us to convey a total of 10 lots
by September 30, 1996. These lots are used for the development of housing for the very
low income homebuyer. Since 1991, we have conveyed 11 lots for this purpose
including six lots in fulfillment of our obligation under the current agreement. If these
items are approved by Commission, upon closing these contract, we will have provided
opportunities for homeownership for 14 very low income homebuyers since we first
formed the partnership with Habitat for Humanity. By September 30, 1996 we must
purchase one additional lot to complete our obligations under the agreement.
RECOMMENDATION
Staff recommends approval of the Contract for Sale and Purchase between Roger Coffey
and the City of Delray Beach and the accompanying Assignment Agreement for Habitat
for Humanity of Boca-Delray.
RESOLUTION NO. 21-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN; HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain vacant property located on S.W. 13th Avenue to provide
for housing pursuant to the City's Affordable Housing Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Roger M.
Coffey, as Seller, land to provide for affordable housing
opportunities for low income individuals, for the purchase price of
Twenty-Four Thousand and 00/100 Dollars ($24,000.00), and other good
and valuable consideration; said parcel being more particularly
described as follows:
Lots 2, 3 and 5, Block 4 of the Plat of Atlantic Park
Gardens, according to the plat thereof on file in the
Office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 14,
Page 56.
~_~ That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall be
borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
Contract for Sale and Purchase and addenda thereto between the City of
Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 5th day of
March, 1996.
ATTEST:
City
- 2 - Res. No. 21-96
CONTRACT FOR SALE AND PURCHASE
ROGER M. COFFEY, a single man, ("Seller"), of Miami, Florida and CITY
OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Seller
shall sell and the Buyer shall buy the following real property ("Real Property") upon the
following terms and conditions which include the standards for real estate transactions included
in this instrument:
I. DESCRIPTION:
Lot 2, 3, and 5, Block 4 of the Plat of Atlantic Park Gardens, according to the plat thereof
on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 14, Page 56.
II. PURCHASE PRICE ............................................. $24,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
' and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before February 23, 1996 the offer will be withdrawn. The date
of this Contract ("Effective Date") will be the date when the last one of the Buyer and the
Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before May 30, 1996, unless extended by other provisions
of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½
feet in width as to the side lines, .unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance fi.om that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS:' Typewritten or h~ndwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may assign Contract.
X. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained fi.om your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
2
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due' to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the hrnount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRAY BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents,
representatives, or assigns, shall have full and complete fight to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
fight to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. ~: A title insurance commitment issued by a Florida licensed title insurer agreeing
to issue to Buyer, upon recording of warranty deed to Buyer, an owner's policy of title insurance in the amount of the purchase
price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only
to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at
or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The
Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If
the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of
deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further
obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyers expense, within time allowed to deliver evidence of title and to examine same,
may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property
or that improvements located on real property encroach on setbacl~ lines, easements, lands of others, or violate any restrictions,
agreement covenants or applicable governmental regulation, the same shall constitute a title defect.
C. /.~: Seller warrants and represents that there is ingress and egress to the real
property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign ail original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing.
If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed
by ail general contractors, subcontractors, suppliers, and materiaimen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of CIosin_~: Closing shall be held in the county where real property is located, at the office
of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall
in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for CIosine: Buyer shall furnish w .n~.Tanty deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement,
mortgage, mortgage note, security agreement, and financial statements.
I. F,,XP_ellI~: Documentary stamps on the warranty deed and recording corrective instruments shall
be paid by Seller. Recording warranty deed shall be paid by Buyer.
J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue
of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance
rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall
be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available,
taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of
closing which improvements were not in existence on January I st of the prior year then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of
closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If
the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. Inspection. Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing,
the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks
or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an
appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's
occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required,
Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct
the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide
4
utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not
limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted
access for inspection of property prior to closing in order to confirm compliance with this standard.
M. ~: If the property is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of
either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's
dt~fies or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions
of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party.. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to
thi~ escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Buyer
and Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Sellers breach.
P. Agreement Not Recordable: Persons Bound: Notice: Neither this agreement nor any notice of it
shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement
for any utilities that may exist and lie on the property.
R. Other Agreements: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value
of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLER:
CITY OF DELRAY BEACH, FLORIDA ROGER M. COFFEY
Thomas Lynch, Mayor ~j/] ~/
5
ATTEST:
City Clerk
Approved as to Form:
City Attorney
co ,o,
'.- The foregoing instrument was acknowledged before me this /a~x day of ~"~,
1996 by ['~OOg_.~ ~ , who is personally known to me or whoC~as
0 Ou C~
produced~/OD 7'33 .~/~ c~ ~..5 t9 (~ r_~ (type of identification) and who did (died
~ take an oath.
~ *: '" ~ ' g State of
""'~'"m~u~' Print, Type or Strop Nme of
No~ Public
Coffey.agt
6
£1TY OF DELRAY BEA£H
CITY ATTORNEY'S OFFICE ~,~.~.~° ~w ~ ~,~-?~~"~. ~ ~,. ~o~ ~,~
Writer's Direct L~e: (~7) 243-7~
DELRAY BEACH
AII.A~Jca Ci~ ~MO~D~
' ll Z
1993
TO: Ci~ Comssion
FROM: David N. Tolces, Assistant Ci~ Attom~
SUBJECT: Assignment Agreemem between City of Delray
Beach and Habitat for Humanity of Boca - Delray
This agreement, if approved, will allow the City to assign its interest in the properties
owned by Mr. Roger Coffey in Atlantic Park Gardens. As part of the agreement, the
City will coordinate the closing and pay all closing costs on behalf of Habitat.
Approval of this agreemem is recommended. If you have any questions, please call.
/jlk
cc: David Harden, City Manger
Lula Butler, Director Community Improvemems
Dorothy Ellington, C. D. Program Coordinator
Alison MacGregor Harty, City Clerk
coffeyO1 .dnt
Printed on Recycled Paper
ASSIGNME~ AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this __ day of
, 1996, by and between the CITY OF DELRAY BEACH, (hereinafter
referred to as "CITY"), and HABITAT FOR HUMANITY OF BOCA-DELRAY
(hereinafter referred to as "HABITAT").
WITNESSETH:
WHEREAS, the CITY is the contract purchaser under that certain Contract for Sale
and Purchase for the property described in the attached Contract, copies of which are attached
hereto (hereinafter referred to as the "Contract"); and
WHEREAS, the CITY desires to assign all of its right, title and interest in and to the
said Contract to HABITAT; and
WHEREAS, the HABITAT is desirous of acquiring the rights in the subject Contract;
and
WHEREAS, the CITY desires to assist HABITAT in acquiring the subject property as
part of its Affordable Housing Program.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 Dollars ($10.00)
and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. The CITY hereby assigns, without recourse, all of its right, title and interest in
and to the certain Contracts attached hereto to HABITAT.
2. HABITAT hereby accepts such assignment and agrees to assume all liability
and responsibility for the performance of the terms and conditions contained in said Contract.
3. The CITY shall process all dbcuments for closing the Contract. At closing,
CITY shall pay to the closing agent sums equal to the purchase price of the property and
additional closing costs as indicated in the closing statement in order to provide HABITAT
with the required funds to close.
4. HABITAT agrees to indemnify and hold the CITY harmless for any and all
liability or damages CITY may incur from the HABITAT'S failure to perform .in accordance
with the terms and conditions of the subject Contracts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
City Attorney
HABITAT FOR HUMANITY OF BOCA-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~_f~day of
/~))rttl~r~- , 1996 by I'~;~1 ~,'.r~r' (name of officer or agent, title of officer
or agent5 of b-}l~b'i, o4?~r/4to~'q.o,~ ~_~fi~-~.(name of corporation acknowledging), a
?'le,,.~'do.. (state or pla~e o¥"fncorporation) corporation, on behalf of the
corporation. He/Si'ar is personally known to me er k=s pre,--dm'ed
.. (type of identification) as identification and did (did-no~ take
an oath.
I · x.l).~if o~ OOHHttS~ON ,uuml~a signatur~ o'3'f Notary l~tblk)- State
coa~v4.w I '~'~,~d~ uY OOMUt~lON ~XP. of Florida
[ITY I)F I)ELRIW BEA[H
CITY ATTORNEY'S OFFICE ~,~, ~w ~ ~,¥~.~. ~,~ ~,~,. ~o~[~^ ~.4~
FACSIMILE 407/27~-4755 Wdt~'s D~e~ L~e: (~7) 243-7091
All.America City MEMO~NDUM
~ ~3 TO: City Co~ssion
FROM: Bd~ Shutt, Assist~t City Attorney
S~CT: Agreement for Sidew~k Improvements for Gleason Street Development
The attached agreement is between the City ~d ~nsley Crescent Co~oration, the o~er
~d developer of the Gleason Street To.crees Project, to ~low the w~ver of the
requirement to const~ct sidew~ks in conjunction ~th the new development until such time
as the City required sidewalks to be const~cted ~ong the entire len~h o~ Gleason Street.
It the City requires sidewffiks to be const~cted ~ong the entire len~h of Gleason Street
then the O~er would be required to const~ct the sidew~k, at its sole cost and expense, in
accordance ~th ~l cu~ent ordin~ces of the City ct Delray Beach. T~s A~eement shall
~n ~th the l~d ~d be binding on the p~ies' heirs, assigns and successors.
By copy ott~s memor~dum to Dasd H~den, our o~ce requests that t~s A~eement be
placed on the City Co~ssion M~ch 5, 19~6 agenda For Co~ssion Approval.
Attac~ent
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
AG~ I~OR
· ~}_%~WALK L-MPRO ~MI~iTS
TH~S A~M~ENT ~lered in~o ~s ~ ~y of , 1~6,
b~ lhe C~ of ~y B~h (~ ~ Ci~) ~d ~ey C~ Co~o~on
~~ ~e ~), for ~ ~o~ of we~g ~e ~~ of ~ ~oa or
~d~ ~o~ ~n S~ ~i ~ ~e u the ~ s~ is ~uir~ to ~ a ~de~,
~~, ~ D~lo~ R~gon S~on 61.3(Q ~ the ~on of
O~ p~ ~ ~ ~ ora ~fi~ ofo~; ~
p~: to L~d D~elopm~ ~3~on Secgon 6.1.3~Xl~); ~,
~~, thee ~e ~tly ~ m~r sid~s gong ~ S~; ~d,
~, in o~ ~ pr~de ~~ ~o~ ~e ~ the City Co.salon
w~ve t~ mq~: ~r ~e ir~on ~f a sid~k ~t~ ~ :~c u i: i1 d~n~
~d~ ~ be co~~ on ~ht ~c ~et
W1TNESSETH
NOW, ~~O~ ~ ~ss of~e ~ove ~ ~ ~n~on of~e Ci~
~v~ ~ ~m~ ~ ~e ~on of ~ aid~ ~ ~Js ~e, for zh~ pro~e~ 1o~ a::
z~ Sou~ 1~ f~ ~ ~ N~ ~ ~ Bloc~ 159 ~-~ ~ ~~ ~-~
~n 1~ To~p ~ $o~ ~ al ~ (fo~y T~ of ~nto~ now
~ ~ ~ B~ ~), ~ ~ ~ offi~ of ~ CI~ of the
Co~ ~ ~ for ~ B~ ~, ~Io~ ~rg~d in Plat ~k I, ~ 25.
$o ~ Ci~, ~ bcing r~;~ to ~o ~o b~ ~e Ci~. Thc ~ ~h~ ~~ ~
m~ ~ of~e ~ or~m~ of~ C~ ofD~y B~h.
Glen S~ ~ ~e ~j~ prop~ ~ ~ Ci~' ~q~es ~~ ~o ~ ~~d ~r
3 It i~ the m~ of~e p~ ~ ~s ~~i ~ ~ ~ ~ 1~, ~s ,
day of ,, 1996.
Ci~' A~:omey
PURCHASE ORDER aw DBJIg¥ Blgal
PURCHASING DIVISION
DATE: 7/25/96 100 NW FIRST AVENUE 549311 1
HANGE NO.: I DELRAY BEACH, FLORIDA 33444
HANGE DATE: 4/04/9? 561/243-7115 THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKING LISTS, LABELS, BILLS OF LADING AND
VENDOR: SHIP TO; CORRESPONDENCE.
PAL~ BEACH COUNTY BOARD OF CITY OF DELRAY BEACH FLORIDA
COUNTY COMMISSIONERS ENVZRONffENTRL SERVICES
301 N OLIVE AVE 434 S. SWINTON AVENUE
SUITE 203 DELRAY OEACH FL 33444.
~EST PAL~ a~_ACH FL 334,01
597764 96
V~AJTENYI/' 000006556? NET
* CHANGE ORDER *
36378.70 91-3Z)LAKE IDA ROADWAY 1.00
IMPRVEMENTS~
AGREEMENT.WITH P.8. COUNTY DATED 18JANg& CAGR
59-D) FOR THE .CONSTRUCTION OF IMPF ~NTS
ON COUNTY'S LAKE IDA RD RIGHT-OF-WAY. APP BY
CITY'~'£OMM 23NOV93 'TTEM
TOTAL ~34378.70
REMARKS:-
CHG ORDER fl~l INCEEASE FUNOS' $4~B~623..70
PER.D~PI[APPROVED BY CITY COMMISSION
3/5/96 -
A CCOUNTI ..... 33431625416312 ..... -:, .-
DEL~Y
FLOR~A STATE SAL~ TAX E~ON .... .
CERT~ICATE NO. ~08-116~1-54C f v ~U~HORIZED ~IGNATURE
O~ER SUBJE~ TO TE~S AND CONDITIONS AS ON REVERSE OR A~ACHED
[lTV OF DELRFI¥ BEII[H
CITY ATTORNEY'S OFFICE~,~:~I~.~~°° .~,,, ~,~ ~,~_~?~~"~'~"~. ~^¥ ~^~., ~o~ .4.
Wfi~r's Direct L~e: (~) 243-7~
D[LRAY B~ACH
F t O R I 0 A
All,America City ~MO~~
1993
TO: City Co~ission
FROM: David N. Tolces, Assistant City A~o~~
SUBJECT: ~endmem to Agreement dated January 18, 1994 by and
between Ci~ of Delray Beach and Palm Beach Coun~ for ~e
~nding of road improvements on L~e Ida Road from Sw~ton
Avenue to NE 2nd Avenue. Palm Beach Coumy Project g90502
This amendment to the Agreemem previously entered into with the County, fixes the
cost for constructing City designed improvements for Lake Ida Road from Swinton
Avenue to NE 2nd Avenue at $243,378.70. If Commission approval is given, the
County Commission must still approve the amendmem.
If you have any questions, please comact Dan Beatty, City Engineer.
/ilk
cc: David Harden, City Manager
C. Danvers Beatty, City Engineer
Alison MacGregor Harty, City Clerk
idaimp.dnt
~/~/~
Printed on Recycle~? Paper
Agenda Item No.: ~-~7'
AGENDA REQUEST
Date:
Request to be placed on:
~ Regular Agenda Special Agenda Workshop Agenda
Wh e n: 3/J/~ ~
/ ·
De~scription of agenda ~-gm (who, what, whege, how much.):
O~I~CE/ ~SOLUTION ~QUI~D: YES/NO Draft Attached: YES/NO
Recommendation:
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: E~ NO
Funding alternatives: ~/$ (if applicable)
Account No. & -Description: ~~-9~9~/-~1~{~w ~v~, ~h~e~~ ~3EW.~
Account Balance: ~/~%~g~.u~
City Manager Review: ~~/~ ~$~
Approved for agenda: ~"~:/ NO ~-'~'1
Hold Until: ,~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: David Tolces
Asst. City Attomey
FROM: C. Danvers Beatty,
City Engineer
DATE: February 28, 1996
SUBJECT: Agreement with Palm Beach County
Lake Ida Road Widening
Attached are the original agreements with Palm Beach County for the construction of
N.E. 4th Street, from Swinton Avenue to N.E. 2nd Avenue. This project consists of the
widening of N.E. 4th Street, from Swinton Avenue to N.E. 2nd Avenue and will be
constructed along with the Lake Ida Road widening by Palm Beach County. Additional
improvements included in the scope of work are curbing, as well as an enhanced drainage
system. The amount in the agreement is $234,378.70. The funding source is account no.
334-3162-541-63.12, N.E. 4th Street Widening (see attached budget transfer). Please
review the agreement and place on the next available commission meeting for approval.
Thank you.
DB:mm
File: Project No. 91-03 (A) ~l~ 2 g ~l~
PBCAGREE.DOC
[I0~9 ON ~/~£] 9T:9I NO~ 96/9l/~0
B~ o~ Coun~ Commi~ne~ Coun~ Administrator
Ken L. Fostec Chairm~ Ro~zt We~man
Burr ^~onso~ Vi~ Chairman
I6aren T.
Carol A. Ro~s Depar~nent of P.n~eerlng
Warren H. Newe~ and Public Works
Mary McCar~y
M~ude ~ord Lee
city of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
ATTN: Mr. Danvers Beatty, P.E., City Engineer
RE: LAKE IDA ROAD PROM SWINTON AVENUE TO N.E. 2NDAVE.
P~LM BE~CH COUNTY PROEECT J90502
AMENDHBNT TO PROJBCT FUNDING AGREEMENT.
Dear Mr. Beatty:
Enclosed please find herewith are three original Amendment to
Funding Agreements for the City's portion of ~he roadway
construction.(Swinton Avenue to N.E. 2nd Avenue), on the referenced
project.
Smi=h & Company, Inc. was =he lowest bidder which included your
items of work in the amount of $234,378.70, which the contract will
be awarded by the Board' of County Commissioners on September 19,
1995. This amount includes $5,155.65 for signing and pavement
marking as approved in the January 18, 1994 agreement between Palm
Beach County and the city of Delray Beach Resolution No. R-94-59D.
The agreement does not include any costs for inspection and
certification which are the City's responsibility.
Please review and request the City to execute the agreements a~d
return all three originals for execution by the County.
'An Equal Opportunity - Affirmative Action Employer"
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
[TO~9 O~ I~d/X~] 9T:9~ ~0~ 9~/9;/;0
Page 2
Project #90502
Danvers Beatty, P.E., City Engineer
If you have any questions regarding this matter, please feel free
to contact this office.
Sincerely,
Ronald L. crone, P.E., P.L.S.
Director of Roadway Production
RLC:RLT:ds
Enc.
cc: Edwin Jack, P.E., Deputy County Engineer
L. Javier Lopez, P.E., Program Manager, Roadway Product£on
Ronald L. Terrell, Sr., P.E., Roadway Production
Tanya.N. McConnell, P.E. Project Manager
Carl Miller, Director, Construction Coordination
Evelyn Allen, Director, Administrative Services
Joseph F. Bergeron, CPA, capital Budget Manager/OFMB
££:9t 96, 9E ~ £0d 80~. 1~ ~NI~NI-~N~ mI£L-£~E-£Om
AMENDMENT TO AGREEMENT
DATED JANUARY 18, 1994 BY AND BETWEEN
CITY OF DELRAY BEACH AND PALM BEACH COUNTY FOR
THE FUNDING OF ROAD IMPROVEMENTS ON
LAKE IDA ROAD FROM SWINTON AVENUE TO N.E. 2ND AVENUE,
PALM BEACH COUNTY PROJECT #90502
THIS AMENDMEN? is made this day of__
1995, for the funding of road improvements on Lake Ida Road from
swinton Avenue to N.E. 2nd Avenue, herinafter AGREEMENT, dated
January 18, 1994, (R-94-59-D) by and between CITY OF DELRAY
BEACH, a not-for-profit corporation of the State of Florida,
hereinafter "CITY," and the BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter "COUNTY."
WHEREAS, on January 18, 1994, the COUNTY approved the
AGREEMENT (R-94-59-D) (Attachment "A") with the CITY for the
extension of the project and construction of improvements on the
COUNTY's Lake Ida Road right-of-way in the amount of One Hundred
Ninety Three Thousand Seven Hundred Fifty Five Dollars
($193,755.00); and
WHEREAS, the CITY and the COUNTY now find it mutually
agreeable to amend the above-referenced AGREEMENT.
NOW, THEREFORE, in consideration of the covenants,
promises, and agreements herein contained, the parties agree as
follows:
1. The above recitations are true and correct and
incorporated herein.
2. The AGREEMENT dated January 18, 1994, by and
between the CITY and the COUNTY, is hereby amended as follows:
2. Said summation of costs is stated in the amount
of $234,378.70 in accordance with attached bid
tabulation (Attachment "B" ) and summary
(Attachment "C") for the specified work.
3. It is the intent of the parties hereto that this
Amendment to the Agreement shall not become binding until the
date executed by the Board of County Commissioners of Palm Beach
County.
4. Except as expressly modified or amended herein,
all terms and conditions of the AGREEMENT dated January 18,
1994, shall remain in full force and effect.
IN WITNESS WHERe. OF, the undersigned parties have
executed this Agreement on the day and year first above written.
IN WITNESS WHEREOF, the parties have executed this
Agreement and it is effective on the date first above written.
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BY ITS
BY ITS, CITY COMMISSION BOARD OF COUNTY COMMISSIONERS
By: By:
Mayor Chairman
ATTEST: ATTEST:
DOROTHY H. WILKEN, CLERK
By: By:
City Clerk Deputy Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
By: By:
City Attorney Assistant County Attorney
59D
AGREEMENT BETWEEN PALM BEACH COUNTY AND
TEE CITY OF DELI~.AY BEACH
FOR THE FUNDING OF ROAD IMPROVEMENTB ON
LAKE IDA ROAD FROM SWINTON AVENUE TO NE 2ND AVENUE
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO.90502
'IqIZB AGREEMENT, made and entered into this day
of 199_, by and between PALM BEACH COUNTY, a political
subdivision in the State of Florida, herein referred to as
-COUNTY- and the CITY OF DELEAY BEACH, a municipality in the
State of Florida, herein referred to as the t~ CITY~,
WI TNEB BETH =
#~RF~, the CITY desires to extend and construct
certain roadway improvements within the right-of-way of Lake Ida
Road from Swinton Avenue to NE 2nd Avenue in conjunction with
the COUNTY'S roadway construction improvements of Lake Ida Road
from Congress Avenue to swinton Avenue~ and
NHEItF~, Florida Statutes, Section 163.01, allows
governmental units to make the most efficient use of their
powers by enabling them to cooperate on a basis of mutual
advantage~ and
WH~ltF~S, the execution of this agreement is in the
best interest of both governmental units by promoting efficient
construction of road improvements along the Lake Ida right-of-
way referred to previously~
NON, THEREFORE, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows=
1. The CITY agrees to pay directly to the COUNTY all costs
attributable to the construction of those CITY designed
improvements for Lake Ida Road from Swinton Avenue to NE 2nd
Avenue, as outlined and shown in the Bid Documents for Palm
Beach County Project # 90502.
1
AGREENENT WITH THE CITY OF DELRAY BEACH
2. B-mmation of these additional costs is estimated in the
amount of $ 193,755.00 in accordance with &ttaoluaent "A,, for
the specified work.
3. Costs shall be adjusted upon actual contract costs and
completion of the project using contract unit prices and actual
constructed quantities, said quantities being measured by the
Palm Beach County Engineering and Public Works Department.
4. The City agrees to pay those contributions as set forth
in Paragraphs 1 through $ above within thirty (30) days of
receiving written notice from the COUNTY that payment is
required.
5. The COUNTY is to be responsible for administering
the funds in accordance with the construction contract
agreement.
6. The CITY is to be responsible for, and agrees to
provide or cause to be performed all inspection services during
construction of their requested work and final certification for
the aforementioned construction of road improvements as it
relates to the CITY work.
7. The COUNTY shall obtain CITY approval for any
change orders which increase the cost attributable to the
roadway improvements to an amount greater than the contract
amount as stated in Paragraph 2 of this agreement. The CITY
shall be responsible for any.cost caused by the CITY,s delays
including but not limited to change orders attributable to the
roadway improvements as it relates to the CITY,s work.
2
i~REEM~NT NITIt TH~ CITY OF DEI.RAY BE~CH
8. In the event that additional work and funding is
required, the additional cost attributable to said construction
of road improvements as outlined in the specifications for this
project is the responsibility of the CITY. In the event of an
under run attributable to said construction of road improvements
as outlined in the specification, the CITY will be credited the
excess amount.
9. Without waiver of limitation as provided for in
Section 768.28 (5), Florida Statutes, and to the extent
permitted by law, COUNTY agrees to indemnify and hold harmless
the CITY from and against any claims, losses, demands or cause
of action of whatsoever kind or nature that the CITY, its agents
or employees, may or could sustain as a result of or emanating
out of the terms and conditions contained in this agreement that
result from the COUNTY,s negligence or willful misconduct.
Without waiver of limitation as provided for 'in Section
768.28 (5), Florida Statutes, and to the extent permitted by
law, CITY agrees to indemnify and hold harmless the COUNTY from
and against any olaims~ losses, demands or cause of action of
whatsoever kind or nature that the COUNTY, its agents or
employees, may or could sustain as a result of or emanating out
of the terms and conditions contained in this agreement that
result from the CITY's negligence or willful misconduct.
10. &ll provisions of this ~greement calling for the
expenditure of ad valorem tax money by either COUNTY or the CITY
are subject to annual budgetary funding and should either Party
involuntarily fail to fund any of their respective obligations
pursuant to this ~greement, this &greement may be terminated.
· AGREENE~T WITh THE CITY OF DELRAY BBB. CH
11. Any and all notices required or permitted to be
given hereunder shall be deemed received three (3) days after
same are deposited in U.S. Mail sent via certified mail, return
receipt requested.
All notice to the CITY OF DELRAY BEACH shall be sent to=
city of Dslray Beach
210 N.W. First Avenue
Delra¥ Beach, FL 33444
ATTN: Mr. Dan Beatty, P.E.
Assistant City Engineer
All notice to the County shall be sent to:
George T. Wsbb, P.E., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416
ATTN: Roadway Production
IN WITNESS WHEREOF, the Parties unto this Agreement
have set their hands and seals on the day and date first written
above.
CITY OF DELRAY BEACH PALM BEACHCOUNTY,FLORIDA BY
ITS BOARD OF COUNTY
CO.NMIBB~ERB .,
ATTESTs ATTEST:
DOROTHY T. WILKENv CLERK
APPROVED AS TO FOI~ 2~ND LEGAL APPROVED AS TO FORN~qD LEGAL
SUFFICIENCY: SUFFICIENCY~
CITY OF DELRAY BEACH ~IfN~Y 8TTORNEY -
h:~OADWAI~AG ~I~90~0502.D B
(revised 1~29~3)
4
ATTACHMENT
PROJECT NAME: LAKE IDA ROAD FROH SgINTON AVENUE TO NE 2#D AVENUE PROJECT # 90502
CITY OF DELRAY BEACH
iTEN QUANTITY/UNITS UNIT PRICE TOTAL
ROADUAY [TENS
01 HOBILIZATION I LS $16,000.00 S16,000.00
02 MAINTENANCE OF TRAFFIC 1 LS $6,000.00 $6,000.00
03 CLEARING AND GRUBBING 1 LS S5,000.00 S5,000.00
04 REGULAR EXCAVATION 300 CY $1.50 $~50.00
05 EMBANIO4ENT 100 CY S5.50 S550.00
06 SPECIAL SHORING (TRENCH SAFETY) 200 SF $1.30 $260.00
O? TYPE C STABILIZATION (12#) 5,122 sY $2.00 $10,244.00
08 LINEROCK BASE (6') &,677 SY $5.60 S26,191.20
09 CONCRETE PAVEMENT (6") DRIVES, ETC. 339 SY $17.00 $5,763.00
10 INLETS CURB TYPE P'5 <10' 4 EA $1,800.00 $7,200.00
11 INLETS CURB TYPE P'6 < 10' 2 EA $1,800.00 $3,600.00
12 INLETS CURB TYPE J'l >10' 1 EA $2,100.00 $2,100.00
13 GUTTER INLETS TYPE V <10' 3 EA $1,800.00 $5,400.00
14 INLETS CURD TYPE J-S ) 10' 1 ER $2,100.00 $2,100.00
15 JUNCTION BOXES J'7 · 10' 6 EA $2,100.00 $12,600.00
16 JUNCTION BOXES J'TT > 10' UITH UEIR OR BAFFLE I EA $2,100.00 $2,100.00
17 OB! TYPE C 1 EA $1,000.00 $1,000.00
18 CONCRETE PIPE CULVERT (15") 8 LF $16.00 $128.00
19 CONCRETE PIPE CULVERT (18") 315 LF $21.00 ~6,615.00
20 CONCRETE PIPE CULVERT (30") 369 LF $36.00 $13,28~.00
21 CONCREIE PIPE CULVERT (36") 193 LF ~6.00 ~8,878.00
22 CONCRETE PIPE CULVERT (42") 141 LF $58.00 $8,178.00
23 FRENCH ORKIN (36') 42 LF $65.00 $2,7~0.00
24 CONCRETE CURB TYPE D 127 LF $5.00 $635.00
25 CONCRETE CURB & GUTTER TYPE F 891 LF $5.75 $5,123.25
2~ CONCRETE VALLEY GUTTER 398 LF $5.90 $2,348.20
27 CONCRETE SlDEUALK (4') 860 SY $8.00 $6,880.00
28 GUARDRAIL 138 LF $10.50 $1,449.00
29 END ANCHORAGE ASSMBLY TYPE IV 4 EA $300.00 $1,200.00
30 SO0 (BAHIA) 300 SY $1.25 $375.00
31 TYPE S ASPHALTIC CONCRETE (2 1/2") 4,642 SY S4.70 $21,817.40
SUB-TOTAL $186,199.05
CONTINGENT ITEMS
01 DOUBLE LIMEROCK (16N) 150 SY $10.00 $1,500.00
02 AOJUSTMENT OF VALVE COVERS 4 EA $150.00 $600.00
03 AOdUSTMENT OF SANITARY SE~ER RIMS 2 EA $150.00 $300.00
SUB-TOTAL S2,&00.00
STRIPING
01 ROADUAY SIGN 3 AS $280.00 $8~0.00
02 REFLECTIVE PAVEMENT MARKER 145 EA S3.65 S529.25
03 SKiP TRAFFIC STRIPE~ THERMOPLASTIC 60 LF S0.80 $6~.00
04 SOLID TRAFFIC STRIPE, THERHO (11") 4070 LF $0.55 S2,238.50
05 SOLID TRAFFIC STRIPE, THERHO (12") 400 LF $1.60 $640.00
06 SOLID TRAFFIC STRIPE, THERHO (18") 116 LF S2.15 $249.40
07 SOLID TRAFFIC STRIPE, THERHO (24.) 130 LF $2.65 $344.50
08 REHOVE EXISTING PAVEMENT HARKING, THERMOPLASTIC 1 LS $250.00 S250.00
SUB-TOTAL $5,155.65
GRAND TOTAL S193,754.70
ROUNDED TOTAL
FOR AGREEMENT S193,755.00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~RO~:CIT~ ~~.~
~B~,OT: ~~ IT~.~ # ?' ~' - ~TI~ O~ ~C~ ~,
FINAL PA~ENT/GEE ~D JENSON
DATE: ~CH 1, 1996
This is before the Commission to approve final payment to Gee and
Jenson for construction administration services on the Pompey
Park pool and bath house project.
Recommend approval of final payment to Gee and Jenson in the
amount of $1,313 from General Construction - Pompey Park Pool
(Account No. 334-4170-572-63.45.).
Agenda Item No. ~. ~'
AGENDA REQUEST
Date:February 26, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When:March 5, 1996
Description of item (who, what, where, how much): Staff request
City Commission approve Final Payment to Gee & Jenson in the amount
of $1,313.00 for Construction Administration Services on the Pompey
Park Pool and Bath House Project. Funding is from Account No. 334-
4170-572-63.45.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Final
Payment to Gee & Jenson in the amount of $1,313.00 for Construction
Administration Services on the Pompey Park Pool and Bath House
Project. ~~
Department head signature: .. _ ,/~q~
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)
Account No. & Description~m
Account Balance~O~7/o~ ~ (~(~o ~-~,7~-~7~- ~.~
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esdk9356\agreq305
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila ~
Construction Manager
Date: February 26, 1996
Subject: AGENDA REQUEST
Pompey Park Pool & Bath House
Project No. 93-56
Attached is an Agenda Request for City Commission to approve a Final Payment to Gee
& Jenson, EAP., in the amount of $1,313.00 for Construction Administration Services for
the Pompey Park Pool and Bath House Project. The project is complete and staffis
anticipating closing out the project with the contractor shortly.
The consultant was very responsive to the project which made for a successful completion
and contract compliance. I have attached a Consultant Evaluation report for your review.
cc: William Greenwood
Joe Weldon
File 93-56 (A)
esd\9356~agmem305
PROJECT MANAGERS REMARKS SUPPORTING GRADES
The project representative assigned to perform construction
administration services worked very diligently towards a
successful completion of the project. The project required much
More personal attention than originally anticipated. Carey
Moulton with Gee & Jenson was always available and tried to
overcome some of the consultants other shortcomings encountered
at the early stages of the project. Much of the credit for the
timely and proper completion is owed to the consultant.
Submitted ~~
~o~ect Manager
File: FL9356 .DOC
GEE & JENSON
Engineers-Architects-
Planners, Inc.
PLEASE REMIT TO P.O. Box 24600
West Palm Beach, FL 33416-4600
407/683-3301
JANUARY 10, 1996
INVOICE NO. 37789
PROJECT NO. 94-186.00
FINAL
CITY OF DELRAY BEACH
434 S. SWINTON AVENUE
DELRAY BEACH, FL 33444
ATTN: CITY ENGINEER
FOR: POMPEY PARK POOL AND BATHHOUSE PO # 527105
PROFESSIONAL SERVICES FOR THE PERIOD ENDING DECEMBER 29, 1995
FEE:
DESIGN THROUGH BIDDING $ 45,000.00
CONSTRUCTION ADMNISTRATION 16,300.00
ADDENDUM #1 TO SERVICE AUT~. 09
(DIVING WELL-DESIGN THRU C.A) 12,790.00
TOTAL FEE $ 74,090.00
DESIGN THROUGH BIDDING 45,000.00
ADDENDUM #1 TO SERVICE AUTH. 09 9,387.00
(ARCHITECT JOB # 94-186.00)
TOTAL FEE 54,387.00
PERCENT COMPLETE 100.00 FEE EARNED 54,387.00
TOTAL EARNED 54,387.00
PREVIOUS FEE BILLING 54,387.00
CURRENT FEE BILLING 0.00
CONSTRUCTION ADMINISTRATION 16,300.00
ADDENDUM #1 TO SERVICE AUTH. 09 3,403.00
(ARCHITECT JOB # 94-186.10)
TOTAL FEE 19,703.00
PERCENT COMPLETE 100.00 FEE EARNED 19,703.00
TOTAL EARNED 19,703.00
PREVIOUS FEE BILLING 18,390.00
CURRENT FEE BILLING 1,313.00
TOTAL THIS PROJECT $ 1,313.00
WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMP)L. IED WITH THE FAIR
LABOR STANDARDS ACT OF 1939, AS AMENDED.
[ITY OF DELRIIY BER[H
CITY ATTORNEY'S OFFICE
Writer's Direct Line: (407) 243-7090
Ali.America City MEMORANDUM
,l~ll~llll, DATE: March1, 1996
~993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne'~
SUBJECT: Agreement with Pulte Homes Regarding Water Main
Construction for Kokomo Key
This proposed Agreement between the City and Pulte Home Corporation will allow for
the instillation of an 8" water main to service the Kokomo Key Development on North
Federal Highway. The City's water main in this location is located within the Florida
Department of Transportation's FDOT right-of-way. Therefore, in order for PuRe to
connect to the City's water main they must cross into the FDOT's right-of-way.
After numerous discussions between the City, FDOT and Pulte, it was decided that the
City would have to be the named permit applicant in order for Pulte to perform the
construction work within the FDOT right-of-way. Under the terms of this Agreement
the City will agree to be the named permit applicant for Pulte's FDOT work permit
within the right-of-way. Pulte will pay all permit and construction costs associated with
the water main. Pulte also will indemnify and hold the City harmless for any injuries or
claims which arise out of the construction of the water main.
Please call if you have any questions.
DNT/jlk
~/~/~
cc: David Harden, City Manager
C. Danvers Beatty, City Engineer
Alison MacGregor Harty, City Clerk
kokomem.dnt
PrmteO on F-~ecyc!ed Paper
AGREEMENT FOR CONSTRUCTION OF
WATER MAIN FOR KOKOMO KEY DEVELOPMENT
THIS AGREEMENT, made and entered into this day of
, 1996, by and between the PULTE HOME CORPORATION, a
Michigan corporation ("PULTE") and the CITY OF DELRAY BEACH, a Florida municipal
corporation ("CITY").
WITNESSETH:
WHEREAS, PULTE is presently constructing the Kokomo Key Development
in the City of Delray Beach along North Federal Highway; and
WHEREAS, as part of the construction, PULTE is installing an eight inch (8")
water line; and
WHEREAS, in order to connect to the existing City water main, PULTE must
perform construction activity within the State of Florida Department of Transportation
(D.O.T.) right-of-way for Federal Highway; and
WHEREAS, D.O.T. requires the CITY to be the named permit applicant for
the construction, and the parties wish to set forth their agreement with respect to the
application for a D.O.T utility permit for the connection of PULTE'S water line to the
CITY'S water main.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CITY and PULTE do hereby agree as
follows:
1. In conjunction with the construction of Kokomo Key, the CITY agrees
to be the named applicant for the D.O.T. work permit for the installation of a water main as
indicated in the plans attached hereto as Exhibit "A'.
2. PUL'rE agrees to pay directly to D.O.T. costs attributable to the permit
application, and all construction costs associated with the water main connection.
3. PULTE agrees to perform all construction associated with the water
main construction.
4. The CITY shall be responsible for, and agrees to provide or cause to be
performed, all inspection services during construction of the water main and final certification
for the system.
5. In consideration of the payment of Ten Dollars ($10.00) receipt of which
is hereby acknowledged, PULTE hereby agrees to defend, indemnify and save harmless the
CITY, its officers, agents and employees, from or on account of any claims, losses, injuries or
damages, received or sustained by any person or persons during or on account of any
operations with the construction of the utility improvements on; or by or in consequence of
any negligence, in connection with the same; or by or on account of any use of any improper
materials; or by or on account of any act or omission of any contractor, subcontractors, their
agents, servants or employees, except for any loss or damage arising from any negligent or
intentional act or omission of the CITY, its officers, agents, or employees. PULTE shall
defend, indemnify and save harmless the CITY, its officers, agents and employees, against
any liability arising from or based upon the violation of any Federal, State, County or City
laws, permits, by-laws, ordinances or regulations by the contractor, subcontractors, agents,
servants, or employees. PULTE shall defend at its own expense or shall provide for such
defense, at the CITY'S option, against any and all claims or liability and all suits and actions
of every name and description that may be brought against the CITY which may result from
the operations and activities under this Agreement whether the construction operations be
performed by the contractor, subcontractor or by anyone directly or indirectly employed by
either, except for any loss or damage arising from any negligent or intentional act or omission
of the CITY, its officers, agents, or employees. The indemnification shall include all costs
and fees, including attorney's fees, and costs, at trial and appellate levels.
6. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
7. Any notice required to be given hereunder shall be given by personal
delivery, by registered mail, or by registered expedited service at the addressees as specified
below, or at such other addresses as may be specified in writing by the parties hereto, and any
such notice shall be deemed received on the date of delivery.
CITY: Delray Beach City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33444
Telephone: 407-243-7341
PULTE: PULTE HOME CORPORATION
1350 East Newport Center, Dr.
Suite 200
Deerfield Beach, Florida 33442
8. If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions shall not in
any way be affected or impaired. This Agreement shall be simultaneously executed in
3
multiple counterparts, all of which shall constitute one and the same instrumem and each of
which shall be deemed to be an original.
IN WITNESS WHEREOF, the CITY and PULTE have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the fu'st date written above.
ATTEST: CITY OF DE.LRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
WI ESS ~ :,
(Print or ~F3/pe Name) ~////-- (Print of Type'Name, Title)
~/Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this }4 day of
Le~:zy£,oc~(! , i~3~ b~, ~,~, H ~e< L'AC l~-2_ (name of officer or agent, title
of officer or' agent)~ r~ta t2~'of PuLTE HOME CORPORATION, a Michigan corporation, on behalf
of the corporation. He/,~ is personally known to me or has produced
, c ,:,,~,,,-., ~ .................. Signature of Notary Public--
I ~ ~;~ ~? ~ ~o~.,.:,':~,'~- ~'. I State of Florida
4
MEMORANDUM
TO: Davi~l T. Harden, City Manager
FROM: Edward J. Gusty, Human Resources Director
DATE: March 1, 1996
SUBJECT: REQUEST APPROVAL FOR IBF&O LABOR AGREEMENT
The attached three (3) year labor agreement between the City of Delmy Beach and the
International Brotherhood of Firemen and Oilers, AFL-CIO, Local 1227, is offered for
your review and approval.
Major changes in the agreement call for a three percent salary range adjustment in fiscal
year 1995-96 for each pay grade. Employees within the pay ranges would be eligible for
a zero to five percent performance evaluation pay increase during fiscal years 1995-96
and 1996-97. Article 11, Wages, would be reopened for negotiation for fiscal year 1997-
98.
Additionally, Article 12, Health Insurance, continues the current benefits similar to all
other City employees with the dependent insurance premium rate fixed at $250.60 per
month. This article shall be reopened for negotiation for fiscal year 1996-97.
The agreement also changes from three to two hours work credit for call-out pay issues
and changes Sick Leave pay-om to the same benefit as other City employees.
We would recommend approval of the three (3) year agreement.
EDWARD J. GUSTY
c: Susan Ruby, City Attorney
Alison MacGregor-Harty, City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 1, 1996
Attached is the Report of Appealable Land Use Items for the
period February 19 through March 1, 1996. It informs the Commis-
sion of the various land use actions taken by the designated
boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
CITY COMMISSION DOCUMENTATION
TO: DAVID t. HARDEN, CITY MANAGER
THRU: D~~DoMI TOR
DEPARTMENT OF PLANNtflG AND ZONING
FROM: / JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MARCH 5, 1996 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY
19. 1996 THRU MARCH 1, 1996
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of review of
appealable actions which were made by various Boards during the period
of February 19, 1996, through March 1, 1996.
BACKGROUND
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 March 5, 1996
Page 2
PLANNING AND ZONING BOARD MEETING OF FEBRUARY 26, 1996
A. Approved (7 to 0), the master development plan for Delray Lakes, a
proposed 160-unit single family detached housing development,
located on the north side of Lake Ida Road, east of 1-95.
Concurrently, the Board approved the following waivers:
· Adjusting the side yard setback from 0/15' to 5'/5' for the 50' wide
lots, and 7.5'/7.5' for the 55' and 60' wide lots;
· Reducing the right-of-way width from 60' to 50' for the internal
streets and from 60' to 40' for the internal cul-de-sacs;
· Allowing the installation of sidewalks on only one side of the street
for one cul-de-sac area within the development;
· Allowing dead-end and cul-de-sac streets to exceed 1,000 feet.
The Board also recommended that the City Commission approve the
request to reduce the street pavement width from 24' to 22'.
There were no other appealable items. The following agenda items which
were considered by the Board will be forwarded to the City Commission
for final action.
· Approved (6 to 0), the preliminary plat and certified the final plat as
being consistent with the preliminary plat for Casa La Brisa, a 5-unit
townhouse development, located on the east side of Seabreeze
Avenue, 350 feet north of Atlantic Avenue.
· Approved (7 to 0), the preliminary plat and certified the final plat as
being consistent with the preliminary plat for Kokomo Key, a 133-unit
townhouse development, located on the east side of N. Federal
Highway, immediately south of the Delray Swap Shop.
· Recommended approval (7 to 0), of the abandonment of a portion of
an alleyway lying within the Las Palmas Subdivision adjacent to Lots
26 and 27, which is located at the northwest corner of N.E. 4th Street
and Palm Trail.
· Recommended approval (7 to 0), of the Redevelopment Plan for the
Silver Terrace Area (Redevelopment Area #4), located on the east
side of Dixie Highway, south of S.E. 10th Street.
City Commission Documentation
Appealable Items Meeting of March 5, 1996
Page 3
· Recommended on a 6 to 0 vote that the City Commission initiate
Comprehensive Plan Amendment 96-1.
· Recommended approval (7 to 0), of the Procedures for the Review
and Processing of Traffic Modification Measures (i.e. street closure
requests).
Other actions taken by the Board:
· Tabled (7 to 0), the request for conditional use approval to allow the
establishment of a gasoline station with attendant convenience
store/food mart (Linton/Congress Shell Station), located at the
southwest corner of Linton Boulevard and Congress Avenue. The item
was tabled as the applicant requested at the meeting that the petition
includes a sandwich shop which was not advertised nor fully
analyzed.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF
FEBRUARY 21. 1996
1. Approved (6 to 0), a request for a color change to an existing
commercial building Hargrove Building (fka Haven Furniture Shop),
located on the east side of N.E. 2nd Avenue, north of N. E. 1st Street.
2. Approved (5 to 1), a request to change the architectural elevations of
a commercial building by replacing the boarded-up windows and
installing wire lath and stucco over the window openings with the
addition of raised stucco banding around the building at Silver Plating
of Delray, located at the southwest corner of George Bush Boulevard
and N.E. 6th Avenue.
3. Approved (5 to 0), the architectural elevation plan in conjunction with
the addition of an outdoor events stage, free standing arch, columns
and sculpture for Ocean City Lumber, a mixed use commercial
development located at the southeast corner of N.E. 1st Street and
N.E. 2nd Avenue. The Board also approved changes to the building
facades facing the interior courtyard to reflect the architectural
elements found on the historic FEC train station which was recently
relocated to the site.
City Commission Documentation
Appealable Items Meeting of March 5, 1996
Page 4
4. Approved (6 to 0), a minor site plan modification, landscape plan
and architectural elevation plan for GRIP Development (fka
Delray Executive Mall), in conjunction with the restoration of an
existing office building and conversion of the first floor to retail
space. GRIP Development is located at the southeast corner of
Atlantic Avenue and S.E. 1st Avenue.
Concurrently, the Board approved the following waivers:
· Reducing the right-of-way for Atlantic Avenue from 80 feet to 66
feet and from 60 feet to 40 feet for S.E. 1st Avenue;
· Reducing the width of the landscape buffer at the east end of
the parking row adjacent to the alley from 5' to 3'.
5. Approved (6 to 0), the site plan, landscape plan and architectural
elevation plan for Alzheimer Adult Day Care, to be located at the
northwest corner of Lake Ida Road and Congress Avenue.
HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 21,
1996
X. Approved (4 to 2), a request for a Certificate of Appropriateness
associated with the construction of a pre-manufactured two-story
single family residence at 354 N.E. 1st Avenue.
Y. Approved (5 to 1), a Certificate of Appropriateness in conjunction with
revisions to a previously approved architectural elevation plan for the
Open MRI of Delray, located at the northeast corner of N.W. 1st
Avenue and N.W. 1st Street. The changes to the architectural
elevation is due to the elimination of a proposed second floor and
expansion of the ground floor to the north. The changes to the site
plan and landscape plan have been approved administratively.
RECOMMENDED ACTION.
By motion, receive and file this report.
LOCATION MAP FOR
CITY COMMISSION MEETING
OF MARCH 5, 1996
L-30 CANAL
i .',
· 0
I ,,v. LAKE IDA ROAD
i
NW
.._.j I ATLANTIC AVENUE u~ /
L
i
! o
I LOWSON BOULEVARD m
! $
I ..... LINTON BOULEVARD 3:
L .... a ·
L"L.] i
5' ..... J
L-38 CANAL C-15 CANAL
S.P.R.A.B. H.P.B.:
CIT~ LIMITS ...........
1. - HARGROVE: BUILDING X. - 354 N.E. 1ST AVENUE
2. - SILVER PLATING OF DELRAY Y. - 15 N.W. 1ST STREET
MILE
I ,,3. - OCEAN CI'I~' LUMBER
I
I
4. - GRIP DEVELOPMENT
SCALE 5. - ALZHEIMER ADULT DAY CARE
N P. &: Z.:
~ A. - DELRAY LAKES
CITY OF DEl..RAY BEACH, FL
PLANNING DEPARTMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M~NAGER
SUBJECT: AGENDA ITEM # ~'~-~ - MEETING OF MARCH 5, 1996
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 1, 1996
This is before the Commission to approve the award of the follow-
ing bids:
1. Bid award to Cummins Southeastern Power, Inc. for the
purchase of a trailer-mounted 175kw generator, in the amount
of $55,205 from 441-5161-536-64.90.
2. Bid award to Bermuda Landscaping and Design, Inc. for the
West Atlantic Gateway Parks landscaping, in the amount of
$55,148.50 from 334-4141-572-61.60.
3. Bid award to Castle Building Corporation for the Vista Del
Mar irrigation and landscaping improvements, in the amount
of $22,370.40 from 334-4141-572-63.20.
4. Bid award to Lanzo Lining Systems (via Miami-Dade Water and
Sewer Department contract) for sanitary sewer rehabilitation
in the amount of $28,160 from 442-5178-536-63.51.
5. Bid award to Maroone Chevrolet and Heintzelmans Trucks for
replacement vehicles for various departments, in the total
amount of $147,604 from 501-3312-591-64.20.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Joseph Sa~inance
Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: February 20, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 05, 1996 BID AWARD - BID #95-59
ATLANTIC AVENUE/MIR3~4AR DRIVE PUMP STATION -
PUMPS, CONTROL PANEL AND GENERATOR
Item Before Commission:
The City Commission is requested to approve the award for the purchase of a
trailer mounted 175 kw generator to Cummins Southeastern Power, Inc., at a
total cost of $55,205.
Background:
Bids were received on September 06, 1995, from two (2) contractors for the
purchase of trailer mounted portable diesel engine generator set and
appurtenances, all in accordance with City purchasing policies. (Bid
#95-59. Documents on file in Purchasing Office). A tabulation of bids is
attached for your review.
The Director of Environmental Services has reviewed the bids received and
recommends award to Cummins Southeastern Power, Inc., per attached memo.
Recommendation:
Staff recommends the purchase of this generator from Cummins Southeastern
Power, Inc., at a total cost of $55,205. Funding from account
#441-5161-536-64.90.
Attachments:
Memo From William Greenwood
AGENDA REOUEST
Date: February 14, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: February 20, 1996
Description of item (who, what, where, how much) :Staff re_quests City
Commission to award a contract for the purchase of a trailer mounted 175
KW aenerator to Cummins Southeastern Power. Inc.. the lowest responsible
responsive vendor with a contract amount of S55.205.00. The fundina
source for this item is account no. 441-5161-536-64.90. New Capital
Other Machinery/Equipment.
Recommendation: Staff recommends award of contract for a trailer
mounted 175 KW generator to Cummins Southeastern Power. Inc. in the
amount of S55.205.00.
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)
Account No. & Description~l-~l~l--~-~.~O
Account Balance%~~O--
City Manager Review:
Approved for agenda: NO
onti :
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG530214.DOC
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood t~~
Director of Environmental Services
DATE: February 14, 1996
SUBJECT: Purchase of Trailer Mounted Generator
Atlantic Avenue/Miramar Drive Storm Water Pump Station
Attached is an agenda request and bid tabulation for the regular Commission meeting on
February 20, 1996, requesting the purchase of a trailer mounted 175 KW generator from
Cummins Southeastern Power, Inc. They are the lowest responsible responsive vendor
with a contract amount of $55,205.00.
The generator will have adequate capacity to provide back up emergency electrical power
for the stormwater pump stations, sanitary sewer lift stations, lime slurry filter building,
etc..
The funding source for this item is account no. 441-5161-536-64.90, New Capital Other
Machinery/Equipment.
Please place this item on the agenda for Commission approval.
DB:mm
File: Project No. 95-030(A)
AGMEMO.DOC
QUOTATION
DATE: 06-SEP-95
TO: CITY OF DELRAY BEACH FROM: CUMMINS S.E. POWER HIALEA
Purchasing Department CUMMINS S.E. POWER, INC.
100 N.W. 1 st Avenue 9900 N.W. 77TH COURT
Delray Beach, Florida 33444 HIALEAH GARDENS, FL 33016
PHONE: 305/8214200
FAX: 305/557-9037
REF: 24485 - 175KW Trailer Mounted Generator Set
QTY MODEL
1 175DGFB 277/480 VOLT
175 kW @ 60 Hz, Standby Rating Diesel Generator Set
L032. Rating-60 Hertz, Standby Power
P077 Model Brand-Cummings/Onan
R002 Voltage-277/480, 3 Phase Wye
B255 Alternator-60 Hz, 12 Lead, Broad Range, 125C
B240 Exciter/Regulator-Torque Match
KH24 Circuit Breakera300A,3Pole,600V,Thermo-Magnetic, UL
H461 Engine Control-Detector 12 Light
K001 AC Control-with Meters
E074 Engine Cooling-Radiator, 50C Ambient
D041 Engine Air Cleaner-Normal Duty
A299 Exhaust Connector-NPT
L028 Warranty-1 Year Base
A322 Packing-Skid, Poly Bag
0402-0234 Vibration Isolators-Gen Set
0416-0848 Battery-12 Volt DC, 700 Cold Cranking Amps, Dry
0155-1128 Cap-Rain
0305-0813-01 Bat Chgr Assy
EEE Enclosure
F&L Freight & Labor
LD-BK Load Bank Testing
LLL Storage Locker
OOO Oil Sampling
ST-UP Start Up Service
TTT Trailer
THE QUOTE PRICE IS ......................$ 55,205.00
NOTES:
*This quotation covers the material solely as described here in.
*Please review job requirements against our proposal.
*The above quotation does not include sales tax.
VALIDITY:
*Price is firm for 30 days from the date of this quotation and is
subject to confirmation at time of order.
EXCEPTIONS:
*Installation.
*Offioading.
*Fuel.
Date: February 28, 1996 Agenda Item No. ~'2-~-
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special __ Workshop ~ Consent
When: March 5, 1996
Description of Agenda Item:
Consideration to award Bid #96-22 to Bermuda Landscape and Design in the amount of
$55,148.50 for West Atlantic Avenue Gateway Parks Landscaping.
Ordinance/Resolution Required: Yes/~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (~/No
Funding Altematives: M/I- (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/~)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
TO: ME~IO R A ND UM
I*~o~: L~L~ ~L~, ~CTo~
~cy DAy,LA' ~ , CO~y
~: ~EST AT- °RT~CULTURIST~- ~OVE~ENT ~
- CO0~N~TOR
1996
The i~e~
Atlantic bA~f:::e ~h~a~O~iSS~on
inc., for the 5id ffj.eway Par,- is tonsil_
& Design,
Bgds for 1
Contr~~°, 199¢~*"g the
there T of tryi~"uved the ~_ ~equested ~Veaue
~s no ~,,_ "g to re~ =xl~ti~ ~ ~ bid ~. =ceWay
Sr._ ~rantee +~ ~uCate th~° ?eagrane $~ernate ~.~s Were ~_,
r~~ bidders =*~a¢ the re'~ Old One~ ~edEe and ff~lch WOul~gvertised
-aufed fr -~ SUbmits__ ¢ocated 5..~ Staff .~ P~aut n~._~ allow
subm~tt~ o~ $55 ~.'~ bids ~,_ "=uge ma~ would ~ _=~ Sea~ ~'~
Alt~_ =u a ~-'*~.50 ~ ~aich ~ .... ~=rial ...... ~erer th¢~sCapes
a._ -'Uate ~_ '~¢g for ~.- Co to .ev~ -=re Ope~ _ ~u~ liv~ -'*~ Si~c-
~Soclates ~equeated 9114,819 ~,383.00 =-es on Fer e.
~ estimat~' The 2. ~' but ¢_J?r the ~=°rUary
Bermu~ ~u the nr~. ~lty's ., ~lled t~ ~a Alt~_~, 199~
Co-- ~ tan~- ~ u3ect ~. ~ ~O~sul~- u ElVe ~ -'"a~e, ~ ~' and
~, "/~actor =~Cape & ~ ~ ~60, Onn ~ant' A ~ Price = une
unlver~~ ~or t~ ~ uesl8n ~ ~u'O0. ' Gra~ _zor t~
Haze~, ~cy and -'- ~ast s~-' ~c., L ~ Thornk~"= Bid
"~is Centf They ha~,~ u-lOg the '~ ~ney are ~ zng bUsln~-
~a~lo~ ~ UOne w~-- ~¢ Bloc,- -*"g Wor~. ~ ~Cape
~ ~ for -. ~ ~5 (th ~ rot L..n
C~e Clty on 7~d Ken~ ~
~se ~ of
alternat. ~ eway Pa~,- t and e~_~
grant =~ ~ the - *Cs be ~._ '~uatf
'" aCCoun. '~ ~alm R~tu' Fun~~ Landsc~_ ~1 for
-~ ~; 334_z,i~ehes, ~ag Wilt ~pe & De~= West A~
~e City,_~ ~n Part ~ old
~ ~ fOZ ~ ~rom a ~a t c h
TABULATION OF BIDS
BID #96-22
WEST ATLANTIC AVENUE
GATEWAY PARKS LANDSCAPING February 20, 1999
ITEM Bermuda R & R Custom Care Southeast
# DESCRIPTION QTY. Landscape Landscape Inc. Cattle Co.
1. ~Golden Shower 2 ea. 150.00 / 145.00 / 188.25 / 190.00 /
Tree 300.00 290.00 376.50 380.00
2. Green Malayan 12 ea. 325.00 / 375.00 / 395.00 473.00 /
~Coconut 3900.00 4500.00 4740.00 5676.00
3. Seagrape 2 ea. 150.00 / 145.00 / 165.00 / 213.00 /
300.00 290.00 330.00 416.00
4. 'Ficus Nitida 1 ea. 300.00 / 180.00 / 392.00 / 400.00 /
300.00 180.00 392.00 400.00
5. Jacaranda 3 ea. 160.00 / 145.00 / 185.25 / 190.00 /
480.00 435.00 555.75 570.00
6. Pink Oleander 44 ea. 14.00 / 22.50 / 30.00 / 30.00 /
616.00 990.00 1320.00 1320.00
7. Yellow 2 ea. 160.00 / 145.00 / 188.25 / 154.00 /
Poinciana 320.00 290.00 376.50 308.00
8. West Indies 13 ea. 200.00 / 195.00/ 251.00 / 248.00 /
Mahogany 2600.00 2535.00 3263.00 3224.00
9. Washingtonia 30 ea. 195.00 / 145.00 / 185.00 / 197.00 /
Palm 5850.00 4350.00 5550.00 5910.00
10. Cocoplum 560 ea. 6.00 / 6.50 / 7.00 / 6.90 /
Red Tipped 3360.00 3640.00 3920.00 3864.00
11. Thryallis 400 ea. 7.00 / 7.00 / 8.00 / 7.90 /
2800.00 2800.00 3200.00 3160.00
12. Dwarf Pink 700 ea. 7.50 / 3.25 / 3.25 / ' 3.00 /
Pentas 5250.00 2275.00 2275.00 2100.00
13. Wild Coffee 950 ea. 7.00 / 7.25 / 8.50 / 8.90 /
6650.00 6887.50 8075.00 8455.00
14. Giant Oyster 910 ea. 2.25 / 1.75 / 1.30 / 2.00 /
Plant (furnish 2047.50 1592.50 1183.00 1820.00
only)
15. Giant Oyster 1060 ea. 2.50 / 2.25 / 2.50 / 2.30 /
Plant 2650.00 2385.00 2650.00 2438.00
16. Native Blue 430. ea 4.50 / 3.25 / 3.50 / 3.15 /
Porterweed 1935.00 1397.50 1505.00 1354.50
17. Fakahatchee 350 ea. 6.00 / 6.50 / 6.50 / 6.40 /
Grass 2100.00 2275.00 2275.00 2240.00
Tabulation of Bids Cont ....
ITEM Bermuda R & R Custom Care Southeast
# DESCRIPTION QTY. Landscape Landscape Inc. Cattle Co.
18. Tree Location i LS 1300.00 / 2475.00 / 1505.00 / 1800.00 /
1300.00 2475.00 1505.00 1800.00
19. Seagrape 1LS 1000.00 / 950.00 / 1140.00 / 1500.00 /
Relocation 1000.00 950.00 1140.00 1500.00
19' Alternate 145 ea. 10.00 / 12.50 / 8.00 / 7.90 /
Remove existing 1450.00 1812.50 1160.00 1145.50
Seagrape and
Supply New
20. Tree Removal 1LS 1050.00 / 2925.00 / 1525.00 / 2050.00 /
1050.00 2925.00 1525.00 2050.00
21. Grading 1LS
2200.00 / 1675.00 / 4545.00 / 2940.00 /
2200.00 1675.00 4545.00 2940.00
22. Fill For 1200 CY
5.00 / 8.00 / 6.40 / 7.55 /
Berms t 6000.00 9600.00 7680.00 9060.00
23. Sod 10500 SF
.16 / .15 / .15 / .18 /
1680.00 1575.00 1575.00 1890.00
24. Indemnification LS
10.00 10.00 10.00 10.00
TOTAL LUMP SUM $ 54,698.50 $ 56,322.50 $ 59,966.75 $ 62,885.50
BID PRICE
$ 55,148.50 * $ 57,185.00 $~59,986.75 * $ 62,531.00 *
COMMENTS/ * Alternate * Alternate * Alternate * Alternate
EXCEPTIONS Bid w/19* Bid w/19* Bid w/19* Bid w/19*
19' Bid alternate for item
19
TABULATION OF BIDS
BID #96-22
WEST ATLANTIC AVENUE
GATEWAY PARKS LANDSCAPING February 20, 1999
[TEMi Reed Annco Services
# DESCRIPTION QTY. Landscaping Inc.
1. Golden Shower 2 ea. 168.50 / 160.00 /
Tree 337.00 320.00
2. Green Malayan 12 ea. 414.75 / 420.00 /
Coconut 4977.00 5040.00
3. Seagrape 2 ea. 168.50 / 210.00 /
337.00 420.00
4. Ficus Nitida 1 ea. 232.00/ 575.00 /
232.00 575.00
5. Jacaranda 3 ea. 168.50 / 190.00 /
505.50 570.00
6. Pink Oleander 44 ea.
27.oo / 4o.oo /
1188.00 1760.00
7. Yellow 2 ea. 158.50 / 170.00 /
Poinciana 317.00 340.00
8. West Indies 13 ea. 184.00 / 280.00 /
Mahogany 2392.00 3640.00
9. Washingtonia 30 ea.
210.00 / 210.00/
Palm 6300.00 6300~00
10. Cocoplum 560 ea. 7.25 / 7.50 /
Red Tipped 4060.00 4200.00
11., Thryallis 400 ea. 9.00 / 10.00 /
3600.00 4000.00
12. Dwarf Pink 700 ea. 3.50 / 3.00 /
Pentas 2450.00 2100.00
13. Wild Coffee 950 ea. 9.00 / 12.00 /
8550.00 11400.00
14. Giant Oyster 910 ea. 1.75 / 2.50 /
Plant (furnish 1592.50 2275.00
only)
15. Giant Oyster 1060 ea.
3.50 / 3.50 /
Plant 3710.00 3710.00
16. Native Blue 430. ea.
4.00 / 4.00 /
Porterweed
1720.00 1720.00
17. Fakahatchee 350 ea.
6.00 / 8.00/
Grass 2100.00 2800.00
Tabulation of Bids Cont ....
~ITEMt Reed Annco Services
#IDESCRIPTION QTY. Landscaping Inc.
18. Tree Location 1LS
1075.00 / 1350.00 /
1075.00 1350.00
19. Seag~ape 1LS
4310.00 / 2000.00 /
Relocation 4310.00 2000.00
19' Alternate 145 ea.
23.50 / 10.00 /
Remove existing 3407.50 1450.00
Seagrape and
Supply New
20. Tree Removal 1LS
500.00 / 8000.00 /
500.00 8000.00
21. Grading 1LS 3000.00 / 2800.00 /
3000.00 2800.00
22. Fill For 1200 CY 16.25 / 35.00 /
Berms t 19500.00 42000.00
23. Sod 10500 SF
.145 / .25 /
1522.50 2625.00
24. Indemnification LS
10.00 10.00
TO~AL LUMP SUM
BID PRICE $ 74,285.50 $110,035.00
$ 73~383.00 * $109,485.00 *
COMMENTS/ * Alternate * Alternate
EXCEPTIONS
Bid w/19* Bid w/19*
19' Bid alternate for item
19
Date: February 28, 1996 Agenda Item No. ~7./~, .,.~
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special __ Workshop __ Consent
When: March 5, 1996
Description of Agenda Item:
Consideration to award Bid #96-21 to Castle Building Corp in the amount of $22,370.40
for irrigation and landscape improvements to Vista Del Mar.
Ordinance/Resolution Required: Yes~ Draft Attached: Yes / No
Recommen~lation: Approval
Department Head Signature: ~~ .......
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ./~ No
Funding Alternatives:~ .~ .-, Of appljqablg)
Account
Balance:
City_ Manager Review:
Approved for agenda:~/No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: VISTA DEL MAR - IRRIGATION & LANDSCAPING - AWARD OF BID 96-21
DATE: FEBRUARY 26, 1996
Item Before the Commission
The item before the Commission is consideration to award Bid # 96-21 to
Castle Building Corporation, in the amount of $22,370.40, for irrigation and
landscape improvements to Vista Del Mar Drive.
Background
Bids for the beautification of Vista Del Mar Drive were advertised January
21, 1996. The bid opening was on February 13, 1996. Seven bidders responded
whose bids ranged from $22,370.40 to $32,213.00. The City Horticulturist's
estimate was $21, 489.00.
The lowest apparent bidder was Castle Building Corporation. Castle is known
mostly for construction of single family residences in Clearbrook
Subdivision and in the Hamlet. Last year they also renovated the landscaping
at the entranceway to the Hamlet, off West Atlantic Avenue.
Recommendation
Staff recommends the City Commission give consideration to awarding Bid #
96-21 to Castle Building Corporation, in the amount of $22,370.40, for
landscaping and irrigation improvements to Vista Del Mar Drive. Funding is
available in Account # 334-4141-572.63-20.
TABULATION OF BIDS
BID #96-21
VISTA DEL MAR LANDSCAPING
February 13, 1996
ITEMI I Castle Building Reed A1A Sprinkler
# DESCRIPTION QTY. Corp. Landscaping Systems Annco Services
1. Crinum Lily 24 ea.i
24.00 / 26.00 / 45.00 / 45.00 /
576.00 624.00 1080.00 1080.00
2. Silver 166 ea.
Buttonwood 5.60 / 6.50 / . 7.50 / 7.00 /
929.60 1079.00 1245.00 1162.00
3. Cocoplum 178 ea.
4.80 / 6.50 / 7.50 / 7.oo /
854.40 1157.00 1335.00 1246.00
4. Dwarf Ilex 314 ea.
Schellings 6.40 / 7.50 / 7.50 / 9.00 /
2009.60 2355.00 2355.00 2826.00
5. Green Malayan 6 ea.
Coconut Palm 840.00 / 9.00 / * 550.00 / 1060.00 /
5040.00 54.00 * 3300.00 6360.00
6. Dune 2745 ea.
Sunflower .64 / .80 / 1.50 / .95 /
1756.80 2196.00 4117.50 2607.75
7. Design/Build 1 ea.
Irrigation 7000.00 / 14610.00 / 7415.00 / 6750.00 /
7000.00 14610.00 7415.00 6750.00
System
8. Indemnification LS
10.00 10.00 10.00 10.00
9. 8" Good 173 cy.
Quality 18.00 / 15.00 / 30.00/ 22.00 /
Topsoil 3114.00 2595.00 5190.00 3806.00
10. Non-Cypress 54 cy.
Mulch 20.00 / 23.00 / 20.00 / 25.00 /
1080.00 1242.00 1080.00 1350.00
TOTAL LUMP SUM
BID PRICE $ 22,370.40 $ 25,922.00 $ 27,127.50 $ 27,197.75
COMMENTS/ * Bidder made
EXCEPTIONS error in pric-
ing.
See attached
letter dated
02/27/96 -
Withdrawing
their bid.
TABULATION OF BIDS
BID #96-21
VISTA DEL MAR LANDSCAPING
February 13, 1996
ITEMi Custom Care ARZ Builders G & E
# DESCRIPTION QTY. Inc. Inc, Enterprises
1. Crinum Lily 24 ea.
27.75 / 60.00 / 32,00 /
666.00 1440.00 768.00
2 Silver 166 ea.
Buttonwood 6.75 / 9.00 / 8.50 /
1120.50 1494.00 1411.00
3. Cocoplum 178 ea.
6.75 / 9.00 / 8.50 /
1201.50 1602.00 1513.00
4. Dwar'f Ilex 314 ea.
Schellings 7.50 / 9.00 / 10.00 /
2355.00 2826.00 3140.00
5. Green Malayan 6 ea.
Coconut Palm 575.00 560.00 / 760.00 /
3450.00 3360.00 4560.00
6. Dune 2745 ea.
Sunflower 1.25 / 2.00 / 1.09 /
3431.25 5490.00 2992.05
7. Design/Build 1 ea.
Irrigation 9800.00 / 7350.00 / 13420.00 /
System 9800-00 7350.00 13420.00
8. Indemnification LS
10.00 10.00 10.00
9. 8" Good 173 cy.
Quality 28.50 / 30.00 / 17.00 /
Topsoil 4930.50 5190.00 2941.00
i0. Non-Cypress 54 cy.
Mulch 48.15 / 20.00 / 27.00 /
2600.10 1080.00 1458.00
TOTAL LUMP SUM
BID PRICE $ 29,564.85 $ 29,842.00 $ 32,213.00
COMMENTS/
EXCEPTIONS
02/27/1996 15:17 BgSd243859 REED LANDSCAPING: PAGE 01
Reed Landscaping, InC.
951 S.W. 121st Avenue
Ft Lauderdale, Florida 33325-380"/
Tel: (954) 476~1426 · Fax: (954) 424-3859
February 27, 1996
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fi. 33444
Sent by Facsimile: 243-7166
Attn: Jackie Rooney
Purchasing Department
Ref: Project NO.: 96-021
Vista Del Mar Landscaping & Irrigation
Dear MS. Rooney,
Please withdraw the above referenced bid that we submitted. The
reason for this request is due to a typographical error.
Please call if you have any questions.
Respectfully,
President
Agenda ItemNo. ~7'. ~..~
AGENDA REQUEST
Date: 2/28/96
Request to be placed on:
Workshop Agenda When: 3/5/96
XX Regular Agenda
__ Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval to piggy-back a current
contract between Lanzo Lining Systems and Miami-Dade Water and Sewer Department for sanitary sewer
rehabilitation of 575 L.F. of 8" main orffN.E. 1st Court. Project cost is $28,160.00 for installation of cured-m-
place-pipe liner and re-establishment of service connections. Funding is available in R&R Account 442-5178-
536-63.5 l, Sewer Mains.
ORDINANCE/RESOLUTION REQUIRED: YES~_Q..DRAFT ATTACHED YES~..~.~O
Recommendation: Staffrecommends approval.
/
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 alternatives dA- (if appliea~e)
Account No. & Description ~-.~/7~-5-~
Account Balance 4 15~t '9 to. ~
City Manager Review: Approved for agenda: O
Hold Until: ~ ~//-
Agen~ Coord~ator Rehew: Received:
Placed on Agent:
Action:
Approve~isapproved
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Dep. Dir., Public Utilities
SLrBJECT: SANITARY SEWER REHABILITATION - N.E. 1ST COURT
DATE: February 28, 1996
In preparation for the upcoming construction project for improvements to N.E. 1st Court (P.N. 95-063), televised
inspection of the sanitary sewer system was performed by Utilities staff to determine the condition of the lines
and identify rehabilitation requirements. Subsequent review and evaluation of the inspection video tapes revealed
infiltration sources as well as numerous radial and longitudinal cracks in the mains. Rehabilitation of the sewer
mains is beyond the scope of joint grouting and the current improvement project does not include roadway
reconstruction. The recommended rehab method for this application is lining of the existing mains using the
cured-in-plaoe-pipe (CIPP) method.
Attached is a proposal fi-om Lanzo Lining Systems to perform the work required for a total price of $28, 160.00.
This price is based on Lanzo's current contract with the Miami-Dade Water and Sewer Department for similar
services (award and schedule attached). Review of the contract pricing indicates that costs are very competitive
with other vendors offering similar services.
Based on the foregoing, we are requesting approval to piggy-back on Lanzo Lining's Miami-Dade contract for
sanitary sewer lining for performance of rehabilitation of 575 L.F. of 8" main on N.E. 1st Court for the price of
$28,160.00. Funding is available in R&R Account 442-5178-536-63.51, Sewer Mains.
Please place this item on the March 5, agenda for consideration by the City Commission.
RCH:cl
cc: W. Greenwood
J. Rooney
File
LANZO LINING SYSTEI~IS, INC.
I
Piggy Back Proposal / Delray Beach
8" Cured-In-Place Pipe Liner
2/28/96
Mr. Richard C. Hasko, P.E., Deputy Director / Public Utilities
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FI 33444
Subject: lnliner USA Cured-In-Place-Pipeline Rehabilitation
Dear Mr. Hasko,
We would propose the following units which eminate from our present Miami Dade WASAD Contract 5-61 1
to accommodate the requested scope of worlc
Pipe Lining: "Thermosetting Resin impregnated Polyester Tube, Inversion Lining; IN LIN E R USA"
Item 1.3: 8" Pipe .......... Furnish & deliver ................ 575 If ....... $ 44.00/If ....... $25,300.00 Total
Item 1.36: Reinstatements of Service Laterals ........... 13 ea ....... SZ20.OO/ea ...... $ 2,860.00 Total
Estimated Job Cost for runs at the respective locations ................... $28,160.00 Total Job
Our Price includes Dessilting, Pre, and Post Television Inspection, Inversion Lining and Curing. In addition,
our proposal includes bypass pumping and maintenance of existing flows. Payment for said materials will be
made on a "per foot" Centerline - to Centedine Basis. Water for cleaning and the inversion method is to be
provided by The City. Work will be performed on an "as Directed" basis with anticipated mobilization on or
about March 7th, pending council approval.
Thank you for your kind consideration of Lanzo Lining Systems.
Sincerely,
Fred Tingberg Jr.,'~/i;:e President
Sales & Marketing
1900 N.W. 44th Street · Pompano Beach, Florida 33064 · Phone (305) 973-9700 ° Fax (305) 974-3894
MIAMI-DADE WATER AND SEWER DEPARTMENT
P.O. Box 330316, Miami, Florida 33233-0316 * 3575 S. LeJeune Road · Tel: 305-665-7471 · Fax: 669°7884
SERVE * CONSERVE
June 26, 1995
NOTIFICATION OF AWARD RECOMMENDATION
FOR
"Countywide Contract for Rehabilitation of
Sanitary Sewers by the Cured-In-Place Pipe
Lining Method for a Two Year Period,
Contract No. S-611"
TO ALL BIDDERS:
Please be advised that the Miami-Dade Water and Sewer Department
is recommending award of the subject contract to Lan~o Lining
Systems, Inc., in the amount of $3,791,450.00.
Alma Santiago, P.E.
COntract Coordinator Supervisor
cc: Lanzo Lining Systems, Inc. Insituform Southeast, Inc.
Elizabeth Adorno, County Clerk's Office
Wayne Welch, CMT
Patrick Murray, RUST
John Hoffman, RUST
WP6/award.let
[IT'd' DF DELRR¥ BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant
City
Manager
SUBJECT: Agenda Item #oO/_. City Commission Meeting, March 5, 1996
Bid Award - Replacement Vehicles
DATE: February 29, 1996
ACTION
City Commission is requested to approve a bid award for replacement vehicles per staff
recommendation.
BACKGROUND
Vehicle replacements are requested on an annual basis for City vehicles due to age, mileage,
repair costs and/or a combination of the above. The following vehicles are being recommended
for replacement:
Vehicle # Dept. Yr./Make/Model Mileage
445 Water Distribution1986 Ford F250 3/4 Ton Pickup 62,201
449 Lift Station Maint. 1986 Ford F250 3/4 Ton Pickup 72,226
661 City Garage 1984 Ford F250 3/4 Ton Pickup 69,330
706 Parks Maintenance 1983 Ford F250 3/4 Ton Pickup 30,634
707 Parks Maintenance 1983 Ford F250 3/4 Ton Pickup 67,161
715 Parks Maintenance 1987 Ford F250 3/4 Ton Pickup 86,600
777 Parks Maintenance 1987 Ford F250 3/4 Ton Pickup 86,385
RECOMMENDATION
Staff recommends bid award as follows:
State Contract Unit Ext.
NI]mhP. r YP. nrNehinlP. Qtv Vendnr Cn.~f ~n.~t
1996 Ford F250 3/4 Ton
070-500-425 Util. Body, Litigate & Tow Pkg. 1 Heintzelmans Trucks $25,457 $ 25,457
THE EFFORT ALWAYS MATTERS O(~. ~__.. ~
State Contract Unit Ext,
N~mhP. r YP.~rNehir. le Oh/, VP. ndnr Cn.~f ~n.~f
1996 Ford F250 3/4 Ton
070-500-425 Pickup, Util. Body, Liftgate 1 Heintzelmans Trucks $21,012 21,012
1996 Ford F250 3/4 Ton
070-500-425 Pickup, Util. Body 3 Heintzelmans Trucks $19,812 59,436
070-500-425 1996 Ford F250 3/4 Ton Pickup 1 Heintzelmans Trucks $17,312 17,312
1996 Chevy C3500 1 Ton
070-500-426 Crew Cab 1 Maroone Chevrolet$24,387 24,387
TOTAL $147,604
RAB:kwg
File:u:graharn/agenda
Doc.:VehRepl.305
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~l
SUBJECT: AGENDA ITEM ~ ~'/~ '- MEETING OF MARCH 5. 1996
SILVER TERRACE REDEVELOPMENT PLAN
DATE: FEBRUARY 29, 1996
The Silver Terrace area has been in a state of flux for some years.
It was annexed to the City in 1988 as part of the enclave
annexations, and was designated as Redevelopment Area #4 on the
Future Land Use Map of the Comprehensive Plan adopted in 1989.
Several redevelopment strategies have been considered and various
studies have been conducted to help the City make a sound economic
judgment on potential land uses.
The redevelopment plan proposed for adoption was developed by staff
in response to direction received from the City Commission and
input from the Silver Terrace property owners. It is intended to
provide the framework for stabilization of the area, improve its
appearance, and eliminate non-conforming uses and structures. To
implement the plan, the City Commission needs to initiate certain
actions such as land use changes and rezonings to help facilitate
the redevelopment.
The Planning and Zoning Board considered this item on February 26,
1996, and voted unanimously to recommend approval of the plan.
Recommend adoption of the Silver Terrace Redevelopment Plan, and
initiate the Future Land Use Map amendments and rezonings necessary
for its implementation.
ref:agmemol8
CITY COMMISSION DOCUMENTATION
TO: I~D t. HARI~N, CiTY MANAGER
THRU: D~~~
DEPARTMF.,N]~ OF PJ,,~NNII~P,~IR~NIN. G
FROM: JEFF' P~INS, SENIOR PLANNER
SUBJECT: MEETING OF MARCH 5, 1996
ADOPTION OF THE SILVER TERRACE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is the adoption of the proposed
Silver Terrace Redevelopment Plan.
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the City established six
redevelopment areas on the Future Land Use Map (FLUM). The Future Land Use
Element calls for preparation of redevelopment plans for each of these areas. The
primary focus of the redevelopment plans is to establish appropriate FLUM and zoning
designations, development standards, and capital improvement plans for the areas.
The Silver Terrace area was designated as Redevelopment Area # 4 on the FLUM.
Pursuant to Future Land Use Element Policy C-2.7 the Silver Terrace Redevelopment
Area was to be developed as a high density, multiple family community, with some
associated commercial uses. The Policy requires the City to install programmed
infrastructure if the Plan is not "substantially in progress" by October, 1995.
Planning and Zoning Staff prepared documentation and a Request for Letters of
Interest to determine the extent of interest in the Silver Terrace area. Although the
Delray Mall redevelopment proposal has spurred some interest in the area, none of
the developers contacted by Staff expressed a willingness to aggregate the property
for a redevelopment of the area. The City would be required to aggregate the
property and substantially subsidize land costs as an incentive for redevelopment.
Additionally, aggregation of the mobile home park with Silver Terrace would be difficult
and expensive due to statutory requirements.
Given the expenses that would be incurred in order to acquire and redevelop the area
as a unified development, Planning and Zoning staff proposed an alternative strategy
to the City Commission at its Workshop meeting of September 12, 1995. The strategy
consists of a number of improvements, beyond the programmed infrastructure
City Commission Documentation
Adoption of the Silver Terrace Redevelopment Plan
Page 2
improvements, to the Silver Terrace subdivision. The possible improvements to the
area identified included:
[] Identification and application of appropriate Future Land Use and Zoning
designations for parcels in the area;
Q Revisions to the street layout in the area to separate residential and non-
residential trips and eliminate "cut-through" traffic;
[] Concentration of non-conforming commercial uses to the north end of the
subdivision;
Q Demolition of other non-conforming commercial structures;
[] Creation of a pocket park in the subdivision;
[] Development of design standards for the neighborhood;
~ City participation in acquisition of parcels for development of owner-
occupied, affordable, single-family housing units
I~ Installation of street lighting
At that workshop meeting, the Commission directed staff to begin preparation of a
neighborhood plan for the area reflecting the alternative strategy.
PROPOSED REDEVELOPMENT PLAN:
Based on City Commission direction and input from property owners, staff proposes a
redevelopment plan based on the alternative strategy, to help stabilize the area,
improve its appearance, and eliminate non-conforming uses and structures.
The Redevelopment Plan is organized into three sections:
The Introduction briefly describes the settlement of the City of Delray Beach and the
redevelopment area. The factors that led to the lack of development in the area and
the deterioration of the structures and quality of life in the area are outlined.
The Existing Conditions section describes the Redevelopment Area in terms of the
factors that affect development in the area. The definition of the area is followed by a
brief description of the existing land uses, zoning, and FLUM designations in the area.
An analysis of the infrastructure, housing, and commercial structures in the area is
also included.
The Redevelopment Plan section outlines the framework for the future development
of the area, including the actions that the City will take to facilitate redevelopment. A
brief description of the provisions included in the plan is provided below.
Future Land Use:
FLUM amendments will be processed to eliminate the Redevelopment Area #4
designation from the Map and establish the appropriate designations for all parcels in
the Area. The designations in the area will be Transitional, General Commercial, and
Medium Density Residential.
City Commission Documentation
Adoption of the Silver Terrace Redevelopment Plan
Page 3
Zoning:
The entire Silver Terrace subdivision will be rezoned to SAD (Special Activities
District). Provisions of the SAD ordinance will permit Neighborhood Commercial uses
along 10th Street and along the north approximately 300 feet of Dixie Highway, and
RO uses south along Dixie Highway to Wilson Avenue. The existing auto repair use
would be made conforming by the SAD ordinance, with provisions requiring the
property to be brought up to LDR standards within a specified time frame. The
remaining parcels in Silver Terrace will retain the permitted uses of their current RM
(Medium Density Residential) zoning, with special provisions to help ensure the quality
of new development in the area. The remainder of the redevelopment area will
receive the appropriate residential designations, MH for the Floranda Trailer Park, and
R-I-A for parcels along 12th Road.
Infrastructure Improvement Plan:
The infrastructure improvement plan identifies proposed infrastructure improvements
for the area, which include:
Revisions to the street layout;
Paving the revised roadway system;
Provision of water service to unserved parcels;
Provision of sewer service to unserved parcels; and
Drainage improvements
REVIEW BY OTHERS:
Planning And Zoning Board:
The Planning and Zoning Board considered this item at its meeting of February 26,
1996. After a brief discussion, the Board voted unanimously (7-0) to recommend
approval of the plan.
RECOMMENDED ACTION:
By Motion
1. Adopt the Silver Terrace Redevelopment Plan; and
2. Initiate the Future Land Use Map amendments and rezonings necessary for the
implementation of the Plan.
Attachment:
Silver Terrace Redevelopment Plan
TABLE OF CONTENTS
Page No.
INTRODUCTION 1
Background 3
Settlement of Delray Beach 3
History of Redevelopment Area ~ 3
Silver Terrace Redevelopment Plan 5
Comprehensive Plan Background 5
Finding of Necessity 6
Request for Letters of Interest 7
Alternative Redevelopment Scenario 8
City Commission Direction 9
Neighborhood Meetings 9
EXISTING CONDITIONS 11
Definition of Area and Map 13
Existing Land Uses 13
Incompatible Land Uses 15
Presence of Vacant Lots 17
Presence of Vacant Buildings 17
Owner Occupied Structures 18
Future Land Use Map and Zoning 18
Future Land Use Map 18
Zoning 18
MH (Mobile Home) 18
RM (Multiple Family Residential- Medium Density) 21
RO (Residential Office) 21
GC (General Commercial) 21
NC (Neighborhood Commercial) 21
R-1 Single Family Residential 21
I (Industrial) 22
CF (Community Facilities) 22
POC (Planned Office Center) 22
RT (Resort Tourism) 22
Condition of structures 22
Methodology 22
Page No.
Public Records 22
Mapping 23
Field Surveys 23
Florida Statutes Evaluation Criteria 23
Age of Buildings 24
Site Deficiencies 24
Code Enforcement Violations 25
Property Values 26
Silver Terrace 26
FIoranda Trailer Park 26
Infrastructure 26
Traffic 26
Water Distribution 28
Sewer Collection 28
Storm Sewer Collection 28
Telephone and Electrical Distribution 28
Fire Protection 32
Diversity of Ownership 32
Proximity to Nuisances 32
Industrial Uses 34
Transportation Corridor 34
Back of Mall 34
THE REDEVELOPMENT PLAN 35
Future Land Use 37
Zoning 37
Silver Terrace SAD Ordinance 39
Infrastructure Improvement Plan 41
Traffic Circulation 41
Vehicular Traffic Circulation 41
Pedestrian Traffic Circulation 42
Water Distribution 42
Sanitary Sewer Collection 44
Storm Sewer Collection 46
Electrical and Telephone Distribution 46
Street Lighting 46
Page No.
Encouragement of Infill Housing 46
Design Guidelines 49
Site Design Issues 49
Residential Lots Along Dixie Highway 49
Residential Structures and Parcels 50
Non-conforming structures 50
Streetscape and Beautification Improvements 51
Street Trees 51
On-site Requirements - Commercial 51
On-site Requirements - Residential 51
Park Parcel and Maintenance 51
Fences 52
Rehabilitation 52
Implementation 52
Processing of Land Use Plan Amendments 52
Processing of LDR Amendments 52
Infrastructure Improvement Schedule and Funding 52
APPENDICES 53
Appendix "A" Policy 2.7 of the Future Land Use Element 55
Appendix "B" NC (Neighborhood Commercial) Zoning District 56
Appendix "C" RO (Residential Office) Zoning District 58
Appendix "D" References 61
Appendix "E" Delray Beach Housing Renaissance Program Policies 62
and Procedures
iii
FIGURES AND TABLES
PAGE NO.
FIGURE 1 Silver Terrace Subdivision Plat 4
FIGURE 2 Location Map 14
FIGURE 3 Existing Land Use Map 16
FIGURE 4 Current Future Land Use Map 19
FIGURE 5 Current Zoning Map 20
FIGURE 6 Existing Street Layout 27
FIGURE 7 Existing Water Map 29
FIGURE 8 Existing Sanitary Sewer Map 30
FIGURE 9 Existing Storm Sewer Facilities 31
FIGURE 10 Existing Street Lighting 33
FIGURE 11 Proposed Future Land Use Map 38
FIGURE 12 Proposed Zoning Map 40
FIGURE 13 Proposed Street Layout Map 43
FIGURE 14 Proposed Water Service Map 45
FIGURE 15 Proposed Sanitary Sewer Service Map 47
FIGURE 16 Proposed Storm Sewer Map 48
TABLE 1 Existing Land Uses 15
iv
INTRODUCTION
INTRODUCTION
PAGE 3
INTRODUCTION
BACKGROUND
SETTLEMENT OF DELRAY BEACH
The City of Delray Beach was created in 1927 by the merger of two existing
municipalities, the Town of Delray and the Town of Delray Beach. The Town of Delray
Beach was a seaside community that developed around the Orange Grove House of
Refuge. The House of Refuge was established in 1876 near the location of the current
public beach to assist shipwrecked sailors and serve as a resting place for the
barefoot mailmen.
Development of the Town of Delray was prompted by the arrival of Henry Flagler's
F.E.C. Railroad in 1896. In 1894 William Linton of Saginaw, Michigan purchased 160
acres of land in the area we know as Delray Beach. He returned a year later with a
small group of settlers. At that time, Linton's property, along with approximately 800
acres of land adjacent to the railroad owned by the Model Land Company were
subdivided as the Town of Linton. After Linton's mortgages were foreclosed in 1898
the town became known as Delray, after the city in Michigan from which many of the
settlers had come.
HISTORY OF REDEVELOPMENT AREA
The Silver Terrace subdivision was platted in 1925 under Palm Beach County
jurisdiction. No water or sewer facilities were installed at that time and only limited
sewer service has been installed subsequently. Likewise, the roads in the subdivision
have not been paved. The plat specified some lots at the interior and south end of the
subdivision as residential only. The remaining lots, primarily adjacent to Germantown
Road (SE 10th Street) and Dixie Highway, were not restricted as to the permitted
uses. Through the years, the subdivision has been partially developed with a mixture
of single family, multi-family, commercial, and industrial structures. A number of
structures in the area are vacant and/or in poor repair. A reduction of the Silver
Terrace plat is included as Figure 1 (page 4).
The Floranda (formerly Lambert) trailer park was platted and established in 1948, also
in unincorporated Palm Beach County. The 93 trailer homes and five single family
residences in the park have some paved roads. The trailers are served by City water
and a private sanitary sewer system connecting to the City's system.
Two parcels in the redevelopment area (Miracle Mile Motors, 1981 and 15 Collins
Avenue, 1978) voluntarily annexed into the City. The remainder of the Silver Terrace
INTRODUCTION ,
PAGE 4
~ 0
~i~ure ~ - Silver Terrace Subdivision ~iat (~ot to Scale)
INTRODUCTION
PAGE 5
subdivision and the adjacent trailer court were annexed into the City in 1988, as a part
of the Enclave Annexations. With the Adoption of the Comprehensive Plan in 1989,
the area was designated as Redevelopment Area #4 on the Future Land Use Map.
The implications of that FLUM designation are discussed in.the following section.
SILVER TERRACE REDEVELOPMENT PLAN
COMPREHENSIVE PLAN BACKGROUND
The City of Delray Beach is now approximately 87% built-out in terms of population.
The City, therefore, has a limited area available for future growth of its population and
tax base. The City now focuses greater attention on the revitalization and
rehabilitation of declining or deteriorating areas as sources of growth.
In 1989, as part of the preparation of the Housing Element of the City of Delray Beach
Comprehensive Plan, a citizen's committee evaluated neighborhoods throughout the
City. The Committee categorized residential areas according to the prevailing
condition of private property. The citizen's committee provided direction to the City as
to the degree of governmental involvement required to assist each category of
neighborhood.
The City designated several neighborhoods as "redevelopment areas."
redevelopment areas are those neighborhoods that require direct public sector
involvement and assistance in renewal due to either a state of decline or the absence
of owner occupied housing. Recognizing the need for specific redevelopment
strategies, the City of Delray Beach Comprehensive Plan designates certain areas as
ones for which a neighborhood or "redevelopment plan" is to be written. The Silver
Terrace subdivision and Floranda trailer park, known as Redevelopment Area ~,, are
the second of such neighborhoods to be studied.
Policy C-2.7 of the Future Land Use Element (see Appendix "A") of the City's adopted
Comprehensive Plan provides direction for Redevelopment Area #4. Redevelopment
Area #4 was originally envisioned to focus on providing viable commercial uses of the
"destination" type, or residential development of medium to high density.
For the past several years, the City has been proceeding with the Silver Terrace
redevelopment effort. City staff and outside consultants prepared several reports
documenting existing physical, social, and economic characteristics of the
redevelopment area.
The consultant prepared a market and feasibility analysis for the redevelopment area
to help the City make a sound economic judgment on potential land uses. That
analysis concluded that there was some development potential for either a rental
INTRODUCTION
PAGE 6
apartment development or commercial development. The current market would most
likely not support a highly specialized commercial use of the "destination" type.
In addition to the above activities numerous meetings, workshops, and hearings were
held with the Planning and Zoning Board, the City Commission, and property owners
regarding the redevelopment effort. The participants reached the following
conclusions:
That from a land use and market perspective, it is appropriate that the
redevelopment area contain a multi-family development with a small
neighborhood commercial component. A recommended ratio of residential
to non-residential uses was 85% to 15%;
· That the properties located within the Silver Terrace subdivision should be
aggregated and developed as a unified development;
· That high densities may be allowed (up to 25 units per acre) to make the
project financially feasible;
· That the infrastructure improvements programmed for the Silver Terrace
area should coincide with the adoption of a redevelopment plan;
· That the City may contribute programmed infrastructure funds as incentives
for the redevelopment;
· That conventional zoning on the subject property would not be appropriate
given the increased density and mixed use. Thus, upon completion of the
redevelopment plan, the property should be rezoned to SAD (Special
Activities District); and
· That the Silver Terrace subdivision and Floranda trailer park be annexed
into the existing CRA boundaries or that a "pocket CRA" be created to help
facilitate the redevelopment.
With Comprehensive Plan Amendment 94-2, which the City Commission adopted on
December 6, 1994, the Commission amended the description of Redevelopment Area
#4 to incorporate the above mentioned conclusions. The current language is found in
Appendix A.
FINDING OF NECESSITY
CRA legislation requires the preparation of a "Finding of Necessity" (FON) that
establishes the existence of slum and blighting conditions for property to be included
within a CRA. The Finding of Necessity is a critical step in designating a CRA, as it is
often the subject of a challenge in eminent domain proceedings.
INTRODUCTION
PAGE 7
In order to complete the FON, staff conducted a detailed inventory of the Silver
Terrace subdivision, the Floranda trailer park, and the surrounding properties to
document the existence of blighting conditions. Based upon the age and condition of
a number of the structures, the lack of adequate infrastructure, and the presence of
many vacant or underdeveloped lots, sufficient basis exists to include.the area in a
CRA.
Subsequent to the completion of the FON, City staff had several meetings with CRA
staff and counsel to discuss the process of including the area in the existing CRA.
During those discussions, there were a number of questions raised as to the feasibility
of the proposed redevelopment, given the costs and time involved in assembling the
property. Staff determined that, prior to including the area in the CRA, they should
contact developers to assess the level of interest in the plan.
REQUEST FOR LETTERS OF INTEREST
In May 1995, the City released a Request for Letters of Interest (RFI) with a
submission deadline of June 30, 1995. The request was published in the Palm Beach
Post, the Sun-Sentinel, and the Florida Construction Bulletin. The request was also
mailed to a number of area developers of multiple family residential projects. Staff
received several developer responses by the deadline. Staff contacted the interested
developers and conducted interviews with those individuals to gain more insight into
the possibility of a developer initiated redevelopment of the area.
Although the Delray Mall redevelopment proposal has spurred some interest in the
area, none of the developers that responded to the RFI were willing to aggregate the
property for redevelopment of the Silver Terrace area. The City would be required to
aggregate the property to entice a developer into the area.
The preliminary development proposals received indicated that the most likely
development of the area would consist of multi-family rentals in 2-3 story structures,
either townhouse or garden apartments. The density of the development would be up
to 25 units per acre and rents would range from $500-$700 a month.
The City/CRA would be the lead agency in aggregating the property for any
redevelopment. The highest price for the property would be generated by inclusion of
the trailer park, which is unlikely due to statutory requirements regarding the
elimination of trailer parks. Based on the rents supported by the area, the price paid
by a developer for the property would be from a maximum of $600,000-$800,000 for
Silver Terrace alone to approximately $1,000,000 for Silver Terrace and Floranda
trailer park.
Aggregation of the properties would most certainly cost more than those figures.
Based on assessed valuation, plus allowances for fair market value, costs for surveys,
INTRODUCTION
PAGE 8
appraisals, legal costs, etc., aggregation would cost approximately $1.8 million for
Silver Terrace alone and $3.9 million including the trailer court. As previously noted,
aggregation of the trailer park with Silver Terrace would be difficult and expensive due
to statutory requirements.
Because of the expenses associated with the aggregation of the. property for
redevelopment of the area, staff investigated the possibility of a more cost effective
approach to the revitalization of the area. The outcome of those efforts was the
beginnings of an alternative redevelopment scenario. The following section describes
the alternative scenario, which consists of the development of a redevelopment plan
for the area that expands on the currently programmed infrastructure improvements.
ALTERNATIVE REDEVELOPMENT SCENARIO DESCRIPTION
The Planning and Zoning Department developed a preliminary outline of what could
be a redevelopment plan for the stabilization of the area. The alternative
redevelopment scenario consists of a number of improvements, beyond installation of
the programmed infrastructure, to the Silver Terrace subdivision. The proposed
improvements to the area could include:
[] Identification and application of appropriate Future Land Use and Zoning
designations for parcels in the area;
El Realignment and/or elimination of some streets in the area to create a traffic
pattern more conducive to a stable neighborhood;
[] Concentration of non-conforming commercial uses to the north end of the
subdivision;
El Demolition of other non-conforming commercial structures;
El Creation of a pocket park in the subdivision;
[] Addition of sidewalks in the neighborhood;
El Creation of a neighborhood association;
El Addition of street trees;
[] Creation of a landscape buffer adjacent to Dixie Highway;
[] Development of design guidelines for the neighborhood;
[] City participation in acquisition of parcels for development of owner-
occupied, affordable, single-family housing units
A more cost effective approach to redevelopment of the area may be to generate a
redevelopment plan to help stabilize the area, improve its appearance, and eliminate
non-conforming uses and structures. A neighborhood stabilization strategy, including
some or all of the approaches outlined above, could be implemented over a period of
several years, using a number of funding sources. Possible funding sources could
include SHIP (State Housing Initiative Partnership) funding, CDBG (Community
Development Block Grant) funding, water and sewer repair and replacement budgets,
and the possible establishment of a special assessment district.
INTRODUCTION
PAGE 9
A final alternative would be a status-quo approach. As the City has plans, permits,
and funding for infrastructure improvements (water, sewer, paving, and, drainage), the
improvements could be installed immediately. The existing non-conforming structures
and uses would remain in their current status. Redevelopment of the area would then
occur on a parcel-by-parcel basis as dictated by market forces.
CITY COMMISSION DIRECTION
At its workshop meeting of September 11, 1995, the City Commission reviewed the
developer proposals and the alternative redevelopment scenario. The Commission
expressed disappointment that large scale redevelopment of the area would not be
financially feasible, but that the alternative redevelopment scenario would be the most
appropriate action for the City to take. The Commission then directed staff to proceed
with preparation of a redevelopment plan for the area.
NEIGHBORHOOD MEETINGS
Following the City Commission direction to prepare a redevelopment plan, staff
conducted a series of neighborhood meetings to ascertain the priorities of residents
and property owners in the redevelopment area. The first meeting was held on
October 5, 1995. At that time the property owners who attended the meeting
expressed a consensus that installation of infrastructure was preferable to waiting for
a developer to aggregate the property. The property owners were generally
supportive of the idea of neighborhood stabilization through development of a
neighborhood oriented redevelopment plan, rather than large scale redevelopment of
the area. They also concurred with the revised street layout proposed by staff as a
part of the redevelopment plan.
A number of additional meetings were held with residents and property owners to
keep them apprised of the progress of the redevelopment plan and to obtain
continued input. At the meetings, the area residents identified their concerns and
priorities for the neighborhood. Staff incorporated many of those ideas into the
redevelopment plan.
EXISTING CONDITIONS
EXISTING CONDITIONS
PAGE 13
EXISTING CONDITIONS
DEFINITION OF AREA AND MAP
Redevelopment Area ~4 is located south of SE 10th Street, west of U.S. Highway No
1, east of Dixie Highway, and immediately north of the Delray Mall. More particularly,
the redevelopment area includes the Silver Terrace subdivision and the Lambert
(Floranda) trailer park. The redevelopment area encompasses approximately 20
acres. A location map is shown in Figure 2 on page 14. The legal descriptions for the
parcels in the area are:
Silver Terrace Subdivision:
Lots 1 thru 17 inclusive, all in Block 2;
Lots 1 thru 15 inclusive, all in Block 3;
Lots 1 thru 10 inclusive, all in Block 4;
Lots 1 thru 10 inclusive, all in Block 5;
Lots 7 thru 25 inclusive, all in Block 6; and
the parcel labeled "Park" (intersection of Wilson Avenue and Park Avenue;
as recorded in Plat Book 11 Page 61, of the Public Records of Palm Beach
County, Florida.
Together With:
Lambert Trailer Court:
All of the Plat, as recorded in Plat Book 22 Page 41 of the Public Records of
Palm Beach County, Florida, less State Route #5 (Federal Highway) right-of-
way and that portion of Lots 1 and 2 located between State Route #5
northbound and State Route #5 southbound.
EXISTING LAND USES
The redevelopment area contains a mix of residential, commercial, office, and
industrial land uses. The area also contains many vacant parcels and structures. The
principal land uses in the area are single family residences and mobile homes.
Twenty-nine single family uses take up 20.7% of the land area and the two parcels
containing a total of 93 mobile homes take up 28.5%. Other major land uses in the
area include the 12 vacant parcels (17.3%) and road right-of-way (17.5%). Table 1,
on page 15, lists the total number of parcels in the redevelopment area in various land
uses and the total area taken up by each land use.
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EXISTING CONDITIONS
PAGE 15
TABLE 1
LAND USE SUMMARY TABLE
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
SF Residential 4.07 20.7 29 50.8
MF Residential 1.11 5.6 5 8.8
Mobile Homes 5.60 28.5 2 3.5
Office 0.30 1.5 I 1.8
Industrial 0.29 1.5 I 1.8
Vacant Industrial 0.19 1.0 2 3.5
Commercial 0.68 3.5 2 3.5
Vacant Commercial 0.58 2.9 2 3.5
Vacant 3.41 17.3 12 21.0
Roadways 3.44 17.5 1 1.8
TOTAL 19.67 100.0 57 100.0
INCOMPATIBLE LAND USES
Regardless of the relatively small portion of the redevelopment area occupied by
commercial and industrial land uses, the non-residential uses have a major impact on
residential properties. There is little or no relationship between the lots and the
buildings in type or use of property within the neighborhood (see Figure 2 - Existing
Land Use Map on page 16). Commercial and industrial structures are scattered
among the residential properties and often accessed from residential streets. Little
buffering is provided where residential and commercial properties abut.
The diversity of land uses and incompatibility is evident when viewed on a block by
block basis:
· Block 2 land uses include 12 vacant lots, a duplex, and two single family
dwellings.
· Block 3 land uses are three vacant lots, a plumbing contractor's office, five
single family dwellings, a duplex, and a vacant commercial building.
The plumbing contractor's office is a non-conforming use. The parking
associated with the business backs-out onto the adjacent residential street
(Central Avenue) and lacks adequate screening of the vehicular use area. The
dumpster is located at the east end of the site adjacent to a single family
dwelling, and is not enclosed.
EXISTING CONDITIONS
PAGE 17
The vacant commercial building is also non-conforming. The structure has
been vacant for several years and is in poor repair.
· Block 4 land uses involve a vacant lot, four single family residences - two of
which share one substandard lot, an industrial building which is currently in use
as a residence, an auto body repair shop, and a vacant industrial structure
formerly used an artist's studio, dental laboratory and a honey packaging plant.
The auto body shop is a non-conforming use and is situated on approximately a
quarter of an acre. Cars waiting to be repaired spill over into the adjacent right-
of-way, and there is little or no buffering provided to the adjacent single family
dwelling to the south. The use is incompatible due to the small size of the
parcel, the intensity of the use, and its proximity to surrounding residential uses.
· Block $ land uses include three vacant lots, an office, a vacant warehouse, a
single family residence, and a triplex.
· Block $ land uses are six vacant lots, a vacant building last used for lawn
mower repair, five single family dwellings, and two duplexes.
The random land use pattern and lack of buffering between commercial and
residential uses negatively affect residential development in the area. Part of the
redevelopment plan should be provisions to create a more logical land use pattern
and to provide for separation of residential and non-residential uses and provision of
greater buffering.
PRESENCE OF VACANT LOTS
The predominance of vacant platted building lots indicates unproductive land use,
which limits tax revenues. Vacant lots often become dumping grounds for trash and
unsightly and unsafe debris. Overgrowth of vacant lots also often becomes an
ongoing maintenance problem. There are 31 lots, or portions thereof, within the Silver
Terrace subdivision that are currently vacant. This figure equates to 45% of the total
number of lots in the subdivision. Additionally, the park site has never been
landscaped or developed for recreational use.
PRESENCE OF VACANT BUILDINGS
Vacant buildings indicate economic disuse and obsolescence that creates a blighting
influence on adjacent property and the surrounding neighborhood. ^ windshield
survey of building conditions (see page 23) identified four vacant commercial or
industrial buildings in the Silver Terrace Subdivision, and one single family structure in
the Floranda trailer park. The structures are at the following addresses:
· 200 SE 10th Street (Sunshine Equipment)
· 111 Central Avenue
· 1000 S. Dixie Highway
EXISTING CONDITIONS
PAGE 18
· 1030 Miami Boulevard
· 207 SE 12th Road
OWNER OCCUPIED STRUCTURES
The redevelopment area contains 11 multiple family residential units, 23 single family
units, and 93 mobile homes for a total of 127 residential units. Although the mobile
homes may be owner occupied, the lots are leased. Of the 127 units, only 13 are
occupied by the property owner. The lack of owner occupied structures contributes to
the lack of stability in the neighborhood. Encouragement of the construction of owner-
occupied housing should be a feature of the redevelopment plan.
FUTURE LAND USE MAP AND ZONING
FUTURE LAND USE MAP
The entirety of the redevelopment area is currently designated as Redevelopment
Area ~4 on the Future Land Use Map. The area is surrounded by a variety of land
use designations; Transitional, General Commercial, Community Facilities - Public
Buildings, and Low Density Residential to the north, Transitional and General
Commercial to the east; Low Density Residential and Redevelopment Area #3 to the
west; and General Commercial to the south. The City's Future Land Use Map for the
redevelopment area and surrounding parcels is included as Figure 4, located on page
19.
ZONING
The zoning designation assigned to a parcel is an important factor in its development
potential. The zoning establishes the uses permitted as well as setbacks, height
limits, and other development standards for structures on the parcel. Figure 5 (page
20) is the current zoning map for the redevelopment area and adjoining properties.
The following paragraphs briefly describe the zoning districts that are currently applied
within the area, currently applied on nearby properties, or may be applied within the
redevelopment area.
MH (Mobile Home)
The MH zoning district is applied to existing mobile home parks in the city. The district
is intended only to allow those existing parks as conforming. The MH district is not to
be applied to vacant parcels. In the redevelopment area, the MH district is applied to
the Floranda trailer park.
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EXISTING CONDITIONS
PAGE 21
RM (Multiple Family Residential - Medium Density)
The RM district permits a variety of housing types at densities of 6 to 12 units per
acre. The district furthers the goals of Goal Area "C" of the Housing Element of the
Comprehensive Plan. Those include; provision of a variety of housing types, provision
of affordable housing for moderate and middle income families, particu!arly first time
home buyers, and meeting the housing needs of Iow and moderate income families.
However, development of small parcels in the multiple family zoned portions of
redevelopment areas with multiple family structures having substandard parking,
landscaping and other facilities. Absentee ownership of those properties has often
contributed to the creation of blighted conditions. The RM distdct is applied to all of
the Silver Terrace subdivision, except one parcel, 112 SE 10th Street, which is zoned
RO (Residential Office).
RO (Residential Office)
The RO district permits mixed use development of small scale offices and residential
uses. The district can be used in older residential areas that are in need of
revitalization. This circumstance is appropriate to the Silver Terrace subdivision. One
parcel in the subdivision is currently zoned RO.
GC (General Commercial)
The GC district is intended for small parcels of land that are suited to small scale
retail, service, and office uses. The GC district is not currently applied to any parcels
in the redevelopment area. One adjacent parcel (Old Dixie BBQ) is currently zoned
GC. While the GC district may be appropriate for the commercial parcels adjacent to
SE 10th Street, the district may permit development that is too intense in such close
proximity to existing residential areas.
NC (Neighborhood Commercial)
The NC district is intended to permit very limited commercial uses on small parcels of
land that are suited to small scale retail, service, and office uses. The NC district
encourages only commercial uses that serve primarily the adjacent residential area
and provide for increased buffering between residential and commercial land uses.
The NC district is not currently applied to any parcels in the redevelopment area, but
may be more appropriate than GC for the commercial parcels adjacent to SE 10th
Street.
R-'I (Single Family Residential)
The R-1 zoning districts were created to provide areas of single family detached
residential and to protect those areas from the intrusion of inappropriate uses. The R-
1-A designation is applied to the residential areas directly to the north and west of the
redevelopment area. The R-1-A district permits single family residential units with a
minimum lot area of 7,500 square feet. Although the R-1-A district is not applied to
EXISTING CONDITIONS
PAGE 22
any properties in the redevelopment'area, future rezonings of some parcels from RM
to R-1-A may be appropriate in order to help encourage the development of owner
occupied single family residential housing.
I (Industrial)
The I (Industrial) zoning district is applied to areas developed with heavy industrial
land uses and vacant parcels where such uses may be appropriate. Although there
are several existing industrial uses and structures in the redevelopment area,
application of the district is not appropriate in such close proximity to residential
properties. The industrial area to the west of the redevelopment area, adjacent to
Dixie Highway, is currently zoned I.
CF (Community Facilities)
The CF district accommodates public or semi-public uses. Those uses include
governmental, religious, educational, health care, and social service uses. The F.P.L.
facility to the north of the redevelopment area is currently zoned CF.
POC (Planned Office Center)
The POC (Planned Office Center) zoning district is applied to large scale office
developments that are under unified control and vacant parcels where such uses may
be appropriate. The POC District is not applied within the redevelopment area. The
office structure adjacent to and to the north of the trailer park is zoned POC.
RT (Resort Tourism)
The RT district accommodates residential uses with short term rentals, such as hotels,
motels and time share units. The district also permits a variety of other tourism related
uses such as recreational facilities and convention centers. The RT district is not
applied in the redevelopment area and probably will not be under the provisions of the
redevelopment plan. The RT district is currently applied to the vacant property at the
corner of SE 10th Street and Federal Highway.
CONDITION OF STRUCTURES
METHODOLOGY
Public Records
The City of Delray Beach and Palm Beach County property records and building
permit files were used as a source of information to determine property control
numbers, ownership, age of buildings, type of building construction, number and type
of repairs made, zoning, and current use.
EXISTING CONDITIONS
PAGE 23
The City annexed properties in the area in 1988. Information regarding development
activity that occurred prior to that date was obtained from Palm Beach County building
permit files. Those files date back to 1957. Development activity prior to that date is
not available.
Mapping
Maps were prepared to provide a visual understanding of land use and ownership
patterns.
Field Surveys
A windshield survey was conducted on November 2, 1994, January 26, 1995, and
July 6, 1995 to determine existing physical conditions and to identify slum and blighted
conditions as defined in the Community Redevelopment Act. Buildings were
examined to assess physical conditions and were rated as being in good, fair or poor
condition. Each lot within the redevelopment area was identified, recorded and
photographed.
Florida Statutes Evaluation Criteria
The information collected from the field survey and field observations were then
categorized by the following criteria as defined in Florida Statutes Chapter 163.340 in
the determination of the existence of slum and blight:
1. Building conditions;
2. Age of buildings;
3. Site deterioration or site deficiencies;
4. Excessive diversity of ownership;
5. Presence of vacant lots;
6. Presence of vacant buildings;
7. Building and property maintenance code violations;
8. Incompatible land uses;
9. Inadequate street layout; and ..
10. Inadequate infrastructure (water/sewer/paving/drainage/street lights).
A windshield survey of all the structures in the Silver Terrace subdivision and the
single family structures located along the northern boundary of the Floranda trailer
park was conducted on November 2, 1994, and January 26, 1995. A windshield
survey of Park Place Condominiums and Dean Witter Executive Quarters was
conducted on July 6, 1995. The mobile home structures were not surveyed for the
purpose of this report (see note at end of the section).
A City of Delray Beach Building Inspector examined the exterior conditions of the
structures and property. In addition, building permit records obtained from Palm Beach
County and the City were reviewed to determine the age of the roofs, date of
EXISTING CONDITIONS
PAGE 24
construction, and the type of construction of the structure. Based on the visual
observations and building permit records, the condition of the roof, walls, windows,
and exterior paint was rated as being in good, fair or poor condition. The ratings are
further defined below.
A rating of good indicated that no obvious work was needed, i.e., the walls and
windows appeared to be structurally sound, and the roof had been replaced in the
past eight years. A fair rating was given if the structure was neglected but repairable
within reason, i.e., the walls and windows needed minor repair work, and if the roof
had been replaced in the past 15 years. A poor rating was given if major repair work
was needed (i.e., foundations needed replacing, walls needed to be re-stuccoed or
wood siding replaced, and the roof had not been replaced in the past 15 years).
If all four components (roof, walls, windows and paint) were rated as needing no
repair, the structure was designated as good. If two of the four items were found to
be neglected but repairable within reason, the structure was designated as fair.
When two or more of the four surveyed conditions were found to need major repair
work the structure was given a designation of poor.
At the date of the survey there were 27 structures within the Silver Terrace subdivision
and five single family structures in the Floranda trailer park. Seventy-two percent
(72%) of the structures were rated as being in either fair or poor condition.
NOTE: Floranda trailer park is owned by one property owner, and the lots for the
mobile homes are leased. Mobile homes are licensed by Florida Department of
Motor Vehicles, and the City does not regulate or keep records on this type of
structure.
Age of Buildings
A criterion to determine the need for rehabilitation is the age of the structures. The
Silver Terrace subdivision was platted in 1925, and one structure dates back to that
year (1015 Miami Boulevard). The last structure built was in 1984 (warehouse located
at 1026 S. Dixie Highway). Of the existing 27 structures within the Silver Terrace
subdivision seventy-seven percent (77%) were more than 35 years, old.
The Floranda trailer park was platted in 1945. One of the structures was built in 1939,
four in 1945 and one in 1948. Thus, all of the structures were built over 46 years ago.
Given the age of most of the structures, it is unlikely that they meet current life safety
regulations with respect to smoke detectors, emergency egress escape windows,
hurricane anchorage, electrical wiring, etc.
Site Deficiencies
The condition of the sites was examined for deficiencies with respect to meeting
today's code requirements, and overall condition of the property. The sites were
EXISTING CONDITIONS
PAGE 25
surveyed for such items as deteriorated parking lots, driveway condition, meeting
minimum parking standards and landscape compliance.
Most of the lots with uses other than single family homes, were found to be deficient
with respect to number of parking spaces and parking lot design. Two of the
commercial sites contain parking spaces which back-out into the adjacent right-of-way
(Sunshine Equipment and Rusty Plumbing). In some instances no parking lot or
driveways exist for the use nor can they be accommodated given the size of the
parcels. Most of the single family home sites do not contain paved driveways, and
residents park vehicles on unpaved surfaces.
Almost all of the sites had deficiencies with respect to meeting minimum landscape
code requirements, appropriate buffering, dumpsters, and dumpster enclosures.
LDR Section 4.6.9 requires two parking spaces for each mobile home structure
located within the mobile home park. Currently, only one parking space is provided
and most of those are not paved. The park contains insufficient guest parking spaces
for the leasing office and recreational uses. In addition, no buffering has been
provided between the mobile home park and the single family homes situated along
the northern boundary of the park.
CODE ENFORCEMENT VIOLATIONS
Staff examined City records for the period of January 1991 to December of 1994 to
determine the presence of building and property code violations that would constitute
a blighting influence. The violations included conditions such as: the presence of
debris, overgrowth, abandoned vehicles, non-compliance with landscape codes, and
uses being conducted on the property that are not permitted. During that period, all
but fourteen of the properties, were cited for one or more of the above conditions.
Code Enforcement records also indicated that there were two single family structures
and an adult day care center that were demolished since the area was annexed into
the City. The City required demolition of these structures due to uninhabitable
conditions.
The addresses of the demolished structures are:
· 1011 Miami Boulevard (11/17/92)
· S.E. 12th Road (8~2~89)
· 1205 S. Dixie Highway- Golden Paradise Adult Day Care (12/14/92)
In addition to the above, the structure located at 1105 1/2 Miami Boulevard was
scheduled for demolition, however, the property owner rehabilitated the structure and
the citation was revoked.
EXISTING CONDITIONS
PAGE 26
PROPERTY VALUES
SILVER TERRACE
Based on the most recent property appraiser's information, the assessed value of the
property in the Silver Terrace Subdivision is $1,197,136. While this provides some
idea of the value of the parcels, the assessed value is generally abo~t 75% of the
market value. Thus, the total market value of the subdivision can be estimated as
approximately $1,600,000, excluding rights-of-way.
FLORANDA TRAILER PARK
Based on the most recent property appraiser's information, the assessed value of the
Floranda trailer park is $1,167,892. The assessed value of the nine parcels on 12th
Rd. is $234,610. Allowing for an assessed value of 75% of the market value, the total
market value of the mobile home park and 12th Road is approximately $1,870,000.
INFRASTRUCTURE
TRAFFIC
Within the Silver Terrace subdivision the streets are laid out in a traditional grid pattern
with right-of-way widths of 50'. All of the rights-of-way are currently unimproved. The
existing street layout includes five access points from collector roads into a relatively
small neighborhood. In response to the residents' concerns regarding excessive
traffic cuffing through the neighborhood, one-way signs have been posted at two of
the intersections into the subdivision. The one-way signs create confusion for a
person who is not familiar with the area and force vehicles to use the perimeter road
system (Dixie Highway and S.E. 10th Street) for internal circulation of the
neighborhood. This creates a hazardous vehicular circulation pattern.
The mobile home park takes access from southbound Federal Highway~ which is a
high volume street. There are four ingress/egress points into the park, which are not
interconnected. Vehicles are, therefore, forced to utilize Federal Highway for on-site
circulation. In addition to Federal Highway being one-way in front of the park, the road
curves to the west creating a sight visibility problem for on-coming traffic. To further
complicate matters, the third entrance to the north is a 12' access easement (SE 12th
Road) which services the seven single family homes located within the trailer park.
SE 12th Road is unpaved and dead-ends without a proper terminus.
Figure 6 (Page 27) shows the existing street layout in and around the redevelopment
area.
Currently, within the Silver Terrace subdivision the streets are shellrock and no
sidewalks and few street lights exist. While the streets are paved within the mobile
EXISTING CONDITIONS
PAGE 28
home park, they are not constructed per City standards, nor are sufficient right-of-way
widths present.
WATER DISTRIBUTION
City water service is currently unavailable in most of the Silver Terrace subdivision.
Most developed parcels obtain water through private wells on the individual lots.
Floranda trailer park is served by a private water system that was formerly fed by a
well on the site. The system was recently connected to the City's water system via a
master meter. The trailer park thus receives adequate service.
See Figure 7 (Page 29) for a map depicting existing water service in the Silver Terrace
Redevelopment Area.
SEWER COLLECTION
Most of the units within the Silver Terrace Subdivision are on septic tank systems. A
36" interceptor for sewer runs along the south side of S.E. 10th Street and extends the
length of Miami Boulevard. Several of the dwellings have tied directly into the 36"
main, however this main was never intended to accommodate individual sewer service
given its size and function. Use of this main for individual service has caused many
problems (odors, back-ups) for area residents. The interceptor is old, and needs to be
evaluated for upgrading as a part of the proposed infrastructure improvements.
Several manholes accessing the main may also require upgrading and or repairs. The
mobile home park was formerly served by a private sewer system. That system was
recently connected to the City's sewer system.
Figure 8 (Page 30) depicts existing sewer service in the area.
STORM SEWER COLLECTION
Drainage is another existing problem in Redevelopment Area #4. Storm sewer
systems were never installed, nor are there swales within the rights-of-way. After
heavy rains, the streets flood and wash-out, creating an uneven ddying surface.
Figure 9 (Page 31) depicts existing storm sewer facilities in the area.
TELEPHONE AND ELECTRICAL DISTRIBUTION
Telephone and electdc services are provided to all residents of the redevelopment
area. No deficiencies are noted at this time. Despite the presence of adequate
electrical service in the area, only limited street lighting is provided in the area.
IN08 H[NOS
~ PARK AVE.
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~ MIAMI
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SOUTH
EXISTING CONDITIONS
PAGE 32
Installation of additional street lighting can be accomplished by Florida Power and
Light at no cost to the City. The City would, however, assume responsibility for the
costs of operating the lights.
Locations of existing street lights are identified in Figure 10 on page 33.
FIRE PROTECTION
As there is no water service in the Silver Terrace subdivision, fire protection is :
inadequate in the area. Fire hydrants are available in the Dixie Highway and SE 10th
Street rights-of-way, across the street from the Silver Terrace subdivision.
Locations of existing fire hydrants appear on the water service map on page 29.
DIVERSITY OF OWNERSHIP
Chapter 163.340 F.S. lists excessive diversity of ownership as a condition that
complicates the assembly of land for redevelopment. Redevelopment powers are
necessary to facilitate the assembly of adequately sized land parcels in order to
encourage private sector investment and involvement in the area. The Silver Terrace
subdivision was created in 1925 when approximately 13 acres of the Model Land
Company's subdivision was replatted. The property was subdivided into six blocks
with a total of 86 lots along with a small park site that is located between Park Avenue
rights-of-way (see Figure 1 Silver Terrace subdivision plat). Block 1, Lots 1-9, and
Block 6, Lots 1-6 were acquired by the Delray Mall and developed as such. Through
the years, some of the lots have been re-subdivided, leaving 71 lots with 33 owners
and the City owned park site. All of the blocks are held by multiple owners. The
abundance of single lot owners and small lots (approximately 50' x 125') make large
scale redevelopment in the area difficult without public participation in acquisition.
These conditions impair the sound growth of the area.
As stated earlier in this report, the Floranda trailer park was platted in 1948 as the
Lambert trailer court, and contains approximately seven acres. Today, the mobile
home park leases sites to 93 mobile home owners, and the park is operated as a unit.
Along the northern boundary of the park, there are eight privately owned lots that take
access through the park, but have not been platted. An access easement divides the
park into two separate parcels of land. Aggregation of the property and relocation of
the mobile home residents would virtually be impossible without public participation.
PROXIMITY TO NUISANCES
The Silver Terrace subdivision is adjacent to a number of properties and
transportation facilities that affect the stability of the neighborhood. These include
proximity to industrial uses, the rear of the Delray Mall, and auto and train traffic along
EXISTING CONDITIONS
PAGE 34
the F.E.C. Railroad/Dixie Highway transportation corridor. As most of these are
permanent fixtures, buffering the area from these uses may be appropriate.
INDUSTRIAL USES
Directly to the west of the Silver Terrace subdivision is an existing heavy industrial
area. The uses in the industrial area include a concrete plant and a dispatching and
maintenance facility for garbage trucks and dumpsters. These areas are unsightly
and generate significant noise and dust. Buffering the subdivision from these uses by
means of a landscape area or other provisions could be a worthwhile strategy to help
stabilize the neighborhood.
Additionally, a number of industrial uses and vacant industrial structures are located
within the subdivision itself. These uses and structures are often located directly
adjacent to residences with little separation and no buffering. Elimination of some or
all of these uses and structures from the residential area may be appropriate. At a
minimum, those uses should be buffered from residential areas as much as possible.
TRANSPORTATION CORRIDOR
In addition to the heavy industrial uses to the west of the subdivision, an existing
transportation corridor to the west contributes to the deterioration of the neighborhood.
The corridor, consisting of the Florida East Coast Railroad Tracks and Dixie Highway,
generates considerable noise and traffic in the neighborhood.
REAR OF DELRAY MALL
The south perimeter of the subdivision and trailer park is a shared property line with
the Delray Mall. VVhile some buffering is provided in this area, residents have had a
continuing problem with pedestrian traffic utilizing a hole cut in the chain link fence to
access the mall through the subdivision. The residents of the subdivision have
consistently requested construction of a masonry wall in place of the fence. VVith a
proposal to remodel the existing mall, the City's Site Plan Review and Appearance
Board approved a reinforced chain-link fence with Bougainvillea and a hedge.
Although pedestrian access to the shopping opportunities in the _mall (grocery store,
drug store, etc.) could be considered beneficial to the neighborhood, the residents
have remained opposed to allowing such access.
THE REDEVELOPMENT PLAN
THE REDEVELOPMENT PLAN
PAGE 37
THE REDEVELOPMENT PLAN
FUTURE LAND USE :
The Silver Terrace Redevelopment Area is currently designated as "Redevelopment
Area #4 on the City of Delray Beach Future Land Use Map (FLUM). This designation
is intended to serve as a temporary "holding" category, until the completion of a
redevelopment plan and the associated assignment of permanent FLUM designations.
As a part of Comprehensive Plan Amendment 96-1, FLUM amendments will be
processed to eliminate the Redevelopment Area ~ designation from the map and
establish appropriate designations for all parcels in the area.
A number of different FLUM designations will be applied in the redevelopment area.
The existing trailer park serves as a part of a zone of intermediate intensity between
the commercial development to the south and the single family residential to the north.
Thus, the Transitional FLUM designation is appropriate for the area. The existing
commercial area at the north end of the Silver Terrace subdivision will receive a
General Commercial FLUM to allow for the continuation of some existing uses and
structures. The remainder of the Silver Terrace subdivision will receive a Medium
Density Residential FLUM to allow for flexibility in the type of infill residential
development that may occur in the area. The proposed Future Land Use Map for the
Silver Terrace Redevelopment Area and vicinity is attached as Figure 11 (page 38).
In addition to the above changes, amendments to the Comprehensive Plan text must
be made to accommodate the provisions of the redevelopment plan. Those changes
will also be made as a part of Comprehensive Plan Amendment 96-1.
ZONING
Given the location of the Silver Terrace subdivision (adjacent to Delray Mall and
industrial development), a zoning designation that will accommodate a mix of multiple
family residential and some commercial development is appropriate. Comprehensive
Plan Future Land Use Element Policy C-2.7 also calls for mixed use development in
the area with the SAD (Special Activities District) zoning district. The SAD district
accommodates mixed use developments with special zoning requirements for the
subject property. The distdct will be applied to the entire Silver Terrace subdivision.
The following section identifies the rationale for and the specific provisions of the
proposed SAD ordinance. Processing of rezonings required to implement the plan will
be processed concurrently with the Future Land Use Map Amendments for the area.
THE REDEVELOPMENT PLAN
PAGE 39
The Floranda trailer park will remain in the MH district. MH zoning is inappropriate,
however, for the single family structures and lots along 12th Road. Those parcels will
be rezoned to R-1-A (Single Family Residential) to reflect current conditions.
The proposed zoning map for the area is attached as Figure 12 (page 40).
SILVER TERRACE SAD ORDINANCE
One of the most important problems facing the area is a number of non-conforming
and unsightly commemial uses and structures. Many area residents feel that the
existing businesses (Rusty Plumbing and Miracle Mile Motors) are good neighbors
and that the their poor appearance is principally caused by limitations placed on
maintenance and improvement of the properties due to their non-conforming status.
The residents would prefer to see those uses conforming so that the owners can carry
out repairs and expansions to improve the appearance of their properties. The
standard zoning districts which would accommodate both of these uses are MIC and I,
which are clearly inappropriate in close proximity to residential property.
The most appropriate standard zoning districts in this location are NC, which is
consistent with the General Commercial FLUM designation proposed adjacent to the
corner of Dixie Highway and SE 10th Street and RO. In order to make the existing
auto repair use conforming and limit future uses to more appropriate NC uses, staff
and area residents agree that application of a flexible zoning district that is responsive
to the particular conditions of the area is appropriate.
The proposed SAD district will accommodate most existing uses as conforming while
limiting future uses and development in the area to the character identified in this plan.
The SAD will create three use areas in the subdivision: a neighborhood commercial
area, a residential office area, and a residential area.
The neighborhood commercial portion of the subdivision will consist of those parcels
along Dixie Highway, from the "Green Warehouse," north and the former Sunshine
Tool Repair site. Uses in this area will be as permitted by the NC district. The existing
auto repair facility (Miracle Mile Motors) will also be identified as a permitted use in the
area. The use will be limited as to the area in which future expansion can take place
and a deadline by which time a minimum standard of improvements must be installed.
If that deadline is not met, the use will revert back to its current non-conforming status.
For the parcels along Dixie Highway, south of the "Green Warehouse" to Wilson
Avenue, and for the existing RO parcel, the permitted uses will be those listed in the
RO district.
Staff previously investigated the possibility of relocating the existing plumbing
business (Rusty Plumbing) to the former Sunshine Tools building. Plumbing
contractor's offices would have been included in the permitted commercial uses.
THE REDEVELOPMENT PLAN
PAGE 41
Review of the cost of the Sunshine Tools site and the costs of renovating the site for
use by Rusty Plumbing indicated a total cost of $330,000. The site is also a subject of
ongoing litigation that makes obtaining clear title to the property difficult. Because of
those problems, the City Commission declined to pursue acquisition of the property.
As the existing Rusty Plumbing site is isolated from the other commercial uses, the
site was not included in the commercial portion of the SAD. The use will retain in its
current non-conforming status. The use will be permitted to continue in its current
state, subject to the limitations of LDR Article 1.3.
The interior of the Silver Terrace subdivision and all parcels south of Wilson Avenue
will retain most of the permitted uses and structures identified in their current RM
zoning. The RM (Medium Density Residential) zoning designation, which is currently
applied to all but one parcel in the Silver Terrace Subdivision, is appropriate for those
parcels. Although multiple family residential development is clearly appropriate in this
location, many people have expressed concerns regarding the RM district in this area.
Among the potential problems identified are:
1. an inappropriate mix of single family, duplex and multiple family uses;
2. frontage of residential units on Dixie Highway;
3. introduction of rental development; and
4. small parcel duplex development with inadequate parking and landscaping.
In order to reduce the possible impacts of those problems, the residential parcels in
the subdivision are included in the SAD district, rather than in their current RM.
Inclusion in the SAD allows the City to place special regulations to ensure the quality
of multiple family development in the area. The existing regulations will prevent
problems such as the construction of duplex units on the existing 50 foot lots-of-
record. However the redevelopment plan also includes special regulations and design
guidelines for multiple family development in the area. Duplexes and residential units
taking access from Dixie Highway will be prohibited. Multiple family development in
the area will be required to have a minimum development area of 1 Acre. All units in a
multiple family development in the area will be required to allow for occupancy of units
by owners, either through creation of fee-simple lots or a condominium. Other
provisions include restrictions on chain link fences in the area, and authorization of the
counting of tandem parking for required parking for townhouse units.
INFRASTRUCTURE IMPROVEMENT PLAN
TRAFFIC CIRCULATION
Vehicular Circulation
The streets in the Silver Terrace subdivision are currently unimproved. The City has
plans to improve the streets in their current configuration and funding available for
THE REDEVELOPMENT PLAN
PAGE 42
those improvements. However, the current street layout creates some problems for
the stability of the area. First the current layout encourages mixing of residential traffic
and traffic from the commercial uses in the area. The layout also permits the use of
the neighborhood's street network as a short cut to avoid the traffic light at Dixie
Highway and SE 10th Street. Both of those problems would be exacerbated by
paving the streets, as paving would promote the use of those streets by through
traffic.
Rather than simply paving the existing streets, City staff, in cooperation with the
residents, identified a revised street layout that will provide the necessary access for
all parcels, while minimizing the above mentioned problems. The points of access to
SE 10th Street from Miami Boulevard and Park Avenue will be eliminated and the
north 110 feet of the rights-of way of those streets abandoned. The abandoned rights-
of-way will be replaced with a new right-of-way connecting the two streets to create a
loop. The proposed right-of-way is currently a vacant lot (Lot 8, Block 5, Silver
Terrace). The property should be purchased by the City from the property owner. If a
purchase cannot be arranged, eminent domain may be utilized to obtain the right-of
way. In addition to those changes, the park property will be relocated to the east to
allow for a conventional alignment of Park Avenue. Figure 13 (page 43) shows the
street layout that will exist after the proposed road improvements are completed.
Pedestrian Circulation
Sidewalks in the neighborhood are limited to existing walks along Dixie Highway, SE
10th Street, and Federal Highway. Installation of sidewalks internal to the Silver
Terrace neighborhood could be accomplished with the paving of the roads in the
subdivision. Approximately 6,000 linear feet of sidewalk would be required to provide
sidewalks on both sides of the streets. At a cost of $14 per linear foot for a five foot
sidewalk, the total cost would be approximately $84,000. That cost would be cut in
half by providing sidewalks on one side of the street only. At neighborhood meetings
the residents and property owners in the Silver Terrace subdivision expressed no
desire for the installation of sidewalks in the area. Given the lack of neighborhood
interest and the considerable expense of sidewalks, installation of sidewalks in the
area should be deferred indefinitely.
The roadways in Floranda trailer park consist of 15 foot wide asphalt roads without
dedicated rights-of-way. Given the very narrow, privately owned and maintained,
streets in the trailer court, installation of sidewalks is not possible.
WATER DISTRIBUTION
Plans for provision of water to the Silver Terrace subdivision are completed and
funded. The improvements consist of the installation of eight inch water mains in
Miami Boulevard, Collins Avenue, Central Avenue, and Wilson Avenue. An existing
eight inch main in Dixie Highway will also be extended north past the subdivision.
THE REDEVELOPMENT PLAN
PAGE 44
With those improvements all properties in the subdivision will have access to City
water service.
Most of the area of the Floranda trailer park is currently served by City water. The
existing mains serving the trailer park are a private system connected to the City's
system via a master meter for the park. The seven single family lots on_ 12th Road do
not currently receive City water service. Provision of water service to those properties
should be a part of the utility plans for the Silver Terrace subdivision. An eight inch
main can be extended from the proposed eight inch main in Miami Boulevard to serve
the properties along 12th Rd. This will necessitate looping of that line with an existing
main, either in Floranda trailer park or the Park Place condominium to the north. The
new main will require dedication of easements over one or more properties on the
east side of Miami Boulevard. The cost of this main would be approximately $15,000,
in addition to the already programmed improvements. The additional expense can be
funded out of water and sewer renewal and replacement funds.
In accordance with a previously approved agreement, developed properties will have
the opportunity to hook up to the water system within 90 days of completion at the
connection fee that applied at the time of annexation in 1988. After the 90 day period,
the current connection fee will apply. Connection to City water service is optional for
existing structures Vacant properties will be required to hook up to the system at the
time that they are developed. The property owner will also be responsible for all on-
site costs associated with the hook-up
Figure 14 (page 45) shows proposed water system improvements for the
redevelopment area.
SANITARY SEWER SERVICE
As previously discussed, most of the parcels in the Silver Terrace subdivision do not
receive City sewer service and those that do receive inadequate service. The majodty
of the Floranda trailer park is served by a private system connected to the City's
sanitary sewer system. However, the seven single family lots on 12th Road are
currently on septic tanks. Plans for the provision of sanitary sewer service to the
Silver Terrace subdivision are completed and funded. A series bf eight inch gravity
sewer mains will be installed in Miami Boulevard, Central Avenue, Collins Avenue,
Wilson Avenue, and Dixie Highway. The plans do not include 12th Road. The plans
should be revised to include a main serving that area. The cost of this main would be
approximately $5,000 in addition to the already programmed improvements. The
additional expense can be funded out of water and sewer renewal and replacement
funds. With the completion of those improvements, all properties in the
redevelopment area will have access to sewer service.
Developed properties will be required to connect up to the sewer system after
completion. If the property owner installs the connection within 90 days of completion
THE REDEVELOPMENT PLAN
PAGE 46
of the sewer system, the cost for the hook-up will be the connection fee that was in
effect at the time of annexation. After that time, the City will collect the connection fee
currently in effect. The property owner will also be responsible for all on-site costs
associated with the hook-up.
Figure 15 (page 47) shows proposed sanitary sewer system improvements for the
redevelopment area.
_
STORM SEWER COLLECTION
Associated with road paving for the redevelopment area the City will install storm
drainage facilities for that new pavement. The storm drainage for the area will mainly
consist of a series of swales in the existing rights-of-way. Overflow from those swales
will flow into catch basins feeding into 36 inch storm sewers in Miami Boulevard. The
entire drainage system for the subdivision will outfall into a retention area created in
an unimproved alley right-of-way on the north side of SE 10th Street. The former park
parcel will also serve as a retention area. The proposed improvements have been
designed and are funded.
Figure 15 (page 48) shows the storm sewer facilities proposed for the redevelopment
area.
ELECTRICAL AND TELEPHONE DISTRIBUTION
Electrical and telephone services are provided to the area via overhead lines. As
adequate services are provided to the area, no improvements are proposed. The
appearance of the neighborhood could be improved by undergrounding the existing
utility lines. Undergrounding of the utility lines is, however, cost prohibitive.
STREET LIGHTING
Lighting is currently provided in the neighborhood. Street lights are existing in 14
locations in, and adjacent to, the Silver Terrace subdivision. Installation of additional
street lights, if necessary, can be accomplished by Florida Power and Light upon
request. The lighting improvements would be accomplished without cost to the City,
but the City would assume responsibility of the costs of operating the lights.
Installation of any additional street lighting will be accomplished following the roadway
improvements. Lighting is currently provided within the trailer park's private rights-of-
way. Thus no lighting improvements are proposed in the trailer park.
ENCOURAGEMENT OF INFILL HOUSING
The City is actively pursuing the construction of infill housing for Iow/moderate income
families in the City. The City's Community Development Department, Community
RK AVE.
SOUTH BOUND
THE REDEVELOPMENT PLAN
PAGE 49
Redevelopment Agency, the Delray Beach Center for Technology, Enterprise, and
Development, Inc. (TED Center), the Community Financing Consortium, Inc., and the
Delray Beach Housing Authority have formed a public/private partnership called the
Delray Beach Renaissance Program. The program is designed to promote the
development of affordable, infill housing within the City's Community Development
Block Grant Area, in which the Silver Terrace subdivision is located. AMemorandum
of Understanding between the groups participating in the partnership is included as
Appendix "C." Individuals interested in the Renaissance program should contact
Dorothy Ellington, Community Development Program Coordinator at 243-7280.
DESIGN GUIDELINES
Future development in the Silver Terrace area will consist of small parcel infill
residential development. Given that fact, the small area to be developed, and the Iow
visibility the area, specific design guidelines regarding issues such as architectural
style, height limits, and special setbacks are not appropriate in the neighborhood.
This section focuses on the type of development that both the City and area residents
prefer.
SITE DESIGN ISSUES
The stabilization of the neighborhood is partially dependent on the separation of
residential and non residential traffic. Currently, some of the streets in the subdivision
carry a mix of residential and non-residential trips and also serve as unapproved
parking areas for the non-residential uses. The revised street alignment will alleviate
some of those problems. However, to further separate residential and non-residential
traffic, no new accesses to the residential streets will be permitted from commercial
uses. Wherever possible, existing accesses should be eliminated.
Buffering requirements between commercial and residential areas are another key
factor in neighborhood improvement. Where commercial properties directly abut
residential properties, special landscape provisions are required by LDR Section 4.6.5.
Those requirements will apply here. However, a number of commercially zoned
parcels will be separated from residential by the Park Avenue right-of-way. These
parcels do not have any specific buffering requirements. Given the compatibility
problems that exist in the area, the provision of the buffering requirements outlined in
Section 4.6.5 is appropriate for these parcels. Compatibility of any proposed
commercial development should be carefully considered by the Site Plan Review and
Appearance Board when reviewing site and development plans.
RESIDENTIAL LOTS ALONG DIXIE HIGHWAY
Several lots on which residential uses will be permitted under the provisions of the
plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie
THE REDEVELOPMENT PLAN
PAGE 50
Highway are not conducive to encouraging residential development and could
potentially create traffic problems. In order to avoid those problems, the SAD
ordinance will require residential developments to take access from local streets. That
provision will prevent construction of new residential units fronting on Dixie Highway.
RESIDENTIAL STRUCTURES AND PARCELS
The intent of this plan is that new development in the Silver Terrace subdivision will be
primarily single family detached housing. However, the zoning district will remain RM
(Medium Density Residential) for most of the subdivision. The RM zoning district
permits some flexibility in the type of units to be constructed. All multiple family
development in the subdivision must be approved pursuant to a site and development
plan approved by the Site Plan Review and Appearance Board. The Board will take
into account the provisions of these design guidelines when reaching a decision.
A major concem of residents and City officials alike is the development of the area
with an inappropriate mix of small parcel duplex and multiple family developments with
single family residences. In order to prevent that situation, two special provisions will
be included in the SAD ordinance. The first will prohibit the construction of new
duplexes. The second will place a minimum development area of 1 acre for any
multiple family development in the area. Those provisions will limit new multiple family
structures to unified developments and prevent the area from becoming a patchwork
of single family structures and duplexes.
A final concern of the residents and the City is the lack of owner occupied housing in
the area. The SAD ordinance will require that all multiple family units in the area be
developed to allow for owner occupancy. All new multiple family units will be required
to be in the form of fee simple townhouses or part of a legally established
condominium. VVhile they do not prohibit rental units, those provisions will allow for
owner occupancy of all new units developed in the area.
NON-CONFORMING STRUCTUREs
Several vacant non-conforming structures exist in the portion of the Silver Terrace
neighborhood that will remain in residential zoning after approval o~ the redevelopment
plan. As these structures have been abandoned for more than 180 consecutive days,
they cannot be reoccupied by commercial or industrial uses. Repairs and renovations
to the buildings are also limited by LDR requirements. The structures continue to
deteriorate with age and lack of maintenance. While it is theoretically possible that the
structures could be converted to conforming residential structures, the conversions
would most likely be cost prohibitive. Demolition of the non-conforming structures is,
therefore, encouraged to make way for appropriate residential development.
THE REDEVELOPMENT PLAN
PAGE 51
STREETSCAPE AND BEAUTIFICATION
Street Trees
Provision of street trees in the Silver Terrace subdivision is not currently a part of the
improvement plan for the neighborhood. Provision of appropriate street trees will be a
requirement of any new multiple family developments in the area. Builders of new
single family structures are not currently required to provide trees in the right-of-way,
however they are required to provide trees in the front yards, which will enhance the
streetscape in the area. Developers of single family residential units in the Silver
Terrace will also be required to provide street trees to further enhance the area.
On-Site Requirements - Commercial
The NC zoning district requires special landscape setbacks with respect to the front
property line but none to the rear or side setback areas. The RO district provides for
no special landscape requirements. The compatibility of commercial developments
with residential properties is a critical concern in the Silver Terrace neighborhood.
The SAD ordinance that will permit commercial uses on some parcels in the area will
include the provision of special landscape setbacks where commercial structures are
adjacent to residentially zoned properties. The SAD will provide for a minimum 10'
landscape setback to the rear of all commercial structures.
On-Site Requirements - Residential
Section 4.6.16 of the LDRs establishes landscape requirements for residential
properties. As the compatibility of residential properties is not a major concern for the
area, special landscape buffers will not be required.
Park Parcel And Maintenance
The original plat of Silver Terrace included a small park parcel located within the Park
Avenue right-of-way. The parcel has never been developed as a park and has not
been well maintained. As the parcel is too small to function well as a park and is
needed for the proposed drainage improvements in the area, the' parcel will be used
as a drainage retention area. The area will be sodded with the rest of the swale areas
in the area and maintained by the City.
FENCES
Chain link fences often contribute to blighting conditions in residential areas. Use of
chain link fencing will be prohibited in the front setback areas for all parcels in the
neighborhood. When used, chain link fences are to be black or green vinyl system
and landscaped to screen them from view from any public right-of-way.
THE REDEVELOPMENT PLAN
PAGE 52
REHABILITATION
Remodeling of existing structures will meet the requirements of these design
guidelines as much as possible. Existing structures with non-conformities to LDR
requirements will be brought into compliance with those requirements with any
proposed renovations.
IMPLEMENTATION
Immediately following the adoption of this redevelopment plan, implementation of its
provisions will begin. Implementation will include processing of Comprehensive Plan
amendments, Future Land Use amendments, Rezonings, and completion of the
scheduled infrastructure improvements. Additional improvements or changes to the
area will be accomplished as opportunities arise and funding becomes available.
PROCESSING OF LAND USE PLAN AMENDMENTS
Implementation of the redevelopment plan will require a number of amendments to the
City's Future Land Use Map and Comprehensive Plan. Those amendments will be
adopted as a portion of Comprehensive Plan Amendment 96-1. Amendments to the
text of the Comprehensive Plan will consist of the elimination of Future Land Use
Element Policy 2-4.7, requiring the completion of this plan, with a policy requiring
development in the redevelopment area. Figure 10 (page 34) shows the proposed
FLUM designations for Silver Terrace area and vicinity.
PROCESSING OF REZONINGS
Implementation of the redevelopment plan will require rezoning of some parcels in the
area. The proposed rezonings are described at the beginning of The Redevelopment
Plan section of this report and Figure 11 (page 35) shows the proposed zoning
designations for the area.
INFRASTRUCTURE IMPROVEMENT SCHEDULE AND FUNDING
The majodty of the proposed infrastructure improvements are funded and designed.
However, modifications included in the redevelopment plan will require some
revisions. Any costs associated with those changes to be funded through Water and
Sewer Renewal and Replacement or New Capital Outlay funds will require City
Commission prior to commencement of construction. The Engineering Department is
currently revising plans for the area. Advertisements for bids will be requested when
the plans are finalized and permits received, approximately August 1996.
Construction should begin by September 1996 and will be completed early in 1997.
APPENDICES
I I I II I II II ~1 I I
APPENDICES
PAGE 55
APPENDIX A:
FUTURE LAND USE POLICY C-2.7
Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which is zoned RM and contains
some mixed use but is primarily single family. It also involves the adjacent land use of
the Floranda Mobile Home Park which is a well maintained land use but which may, in
the future, be inappropriate for its location along Federal Highway adjacent to a regional
shopping mall. Redevelopment of this area should complement the natural scrub habitat
to its north which should be preserved to the greatest extent possible.
Data and analysis pertaining to a redevelopment plan for this area have been completed.
VVhile not conclusive, the results indicate that the most appropriate course of action for
this area is to provide for a "pocket CRA" or its annexation into the CRA boundaries, and
completion of a redevelopment plan which provides for the following:
· Aggregation of the properties to allow for a unified development that is a minimum
of 10 acres in size. While the most desirable plan would include both the Silver
Terrace subdivision and the mobile home park, it is understood that the cost of
relocating mobile home residents may make its inclusion impractical.
· A mix of residential and nonresidential uses, provided however, that the
nonresidential uses are of a type and scale that will primarily serve residents of the
redevelopment area; and that such uses do not comprise more than 15% of the
total land area.
· Residential densities of up to 25 dwelling units per acre; subject to the provision of
adequate open space, common areas and recreational amenities; and the
appropriate spacing and massing of structures.
· The lead agency for completion and implementation of the plan rests with the City.
· Upon completion of the redevelopment plan, rezoning of the property to SAD
(Special Activities District).
In order to ensure the financial feasibility of the redevelopment plan, the City may
contribute funding to the extent permitted by law, and in a manner that is consistent with
the goals, objectives, and policies of the Comprehensive Plan.
This redevelopment plan shall be completed in FY 94~95 should the redevelopment plan
for the area not be substantially in process by October, 1995, the City shall proceed to
install programmed infrastructure
APPENDICES
PAGE 56
APPENDIX B:
SECTION 4.4.11 NEIGHBORHOOD COMMERCIAL (NC) DISTRICT
(A) Purpose and Intent: The Neighborhood Commercial (NC) District
provides the opportunity to locate limited retail and service uses in a manner
convenient to and yet not disruptive to residential areas. The NC District may be
located in areas designated as Transitional on the Future Land Use Map when a
nonresidential use is appropriate for the location.
(B) Princi.~al Uses and Structures Permitted: The following types of use are
allowed within the NC District as a permitted use:
(1) Retail sales such as: convenience foods; household supplies; garden
and lawn supplies; drugs and medicine; small appliance sales and repairs; baked
goods; delicatessen goods.
(2) Provision of services such as: barber and beauty shops; dry cleaning
limited to on-site processing for customer pickup only; dry cleaning and laundry
pickup stations; financing e.g. banks and similar institutions excluding drive-through
facilities; laundromats limited to self-service facilities; dining at sit down restaurants
including takeout and ice cream parlors but excluding drive-in, drive-through facilities;
equipment rental; newsstands.
(3) Business and Professional Offices which provide direct services to
customers such as: travel agencies; outpatient medical offices; real estate; finance
and accounting; community service (outreach) offices. With limitations per Subsection
(H).
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1) Parking areas for employees and customers
(2) Refuse and storage areas
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the NC District:
(1) Child care and adult day care
(2) Display and sale of lawn furniture, playground equipment, sheds and
accessories [Amd. Ord. 65-93 12/07193]
APPENDICES
PAGE 57
(3) Veterinary clinics [Amd. Ord. 65-93 '12/07/93]
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon
application to, and approval by, the Chief Building Official for a_ certificate of
occupancy.
(2) For any new development, approval must be granted by the Site Plan
Review and Appearance Board pursuant to Sections 2.4.5(F), (G), and (I).
(3) Conditional uses must be approved pursuant to the provisions of
Section 2.4.5(E).
(F) Development Standards: In addition to the development standards set
forth in Section 4.3.4, the following shall apply:
(1) Maximum site area of two (2) acres [Amd. Ord. 65-93 '12/07193]
(2) Special Landscape Area: Within the first ten feet (10') of the front yard
setback area (abutting the property line) full landscaping shall be provided. Driveways
and sidewalks shall be accommodated only when generally perpendicular to the
property line.
(3) Any free-standing structure which accommodates a principal or
conditional use shall have a minimum floor area of 4,000 square feet.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) The maximum area devoted to a single tenant for office or service uses
shall not exceed 2,000 sq. ft. in floor area. The intent of these restrictions is to
maintain the center at the neighborhood scale. [Amd. Ord. 65-93 '12107193]
(2) The maximum floor area which can be allocated to a single retail use,
or groups of similar (retail, office, services) principal uses,' shall not exceed 10,000
square feet. [Amd. Ord. 65-93 '12/07193]
APPENDICES PAGE 58
APPENDIX C:
SECTION 4.4.17 RESIDENTIAL OFFICE (RO) DISTRICT
(^) Purpose and Intent: The Residential Office (RO) District provides for
mixed use of a neighborhood office and residential nature. The RO District is
appropriate as:
(1) a transitional land use between a commercial or industrial area and a
residential area;
(2) an incentive zoning in older residential areas which are in the need of
redevelopment or revitalization or are in a state of transition;
(3) to accommodate professional offices which will meet needs of nearby
neighborhoods.
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the RO District as a permitted use:
(1) Single family detached dwelling units
(2) Duplex structures and dwelling units
(3) Business and Professional Offices
(4) Abused Spouse Residence limited to forty (40) or fewer residents.
(5) Funeral Parlors, Funeral Homes
(C) Accessory_ Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and Service Areas
(3) Uses and structures normally associated with residences such as: bird
aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest
cottages, playhouses, pool houses and covers, pump houses, slat houses, storage
sheds, tennis courts, workshops, swimming pools, and home occupations.
APPENDICES
PAGE 59
(4) Family Day Care pursuant to restrictions set forth in 4.3.3(T) (Child
Care, up to five children).
(5) Foster Homes pursuant to 4.3.3(I).
(D) Conditional Uses and Structures Allowed: The follow'_mg uses are
allowed as conditional uses:
(1) Child Care and Adult Day Care
(2) Alcohol and Drug Abuse Treatment Facilities
(3) Bed and Breakfast Establishments
(E) Review and Approval Process:
(1) All residential uses allowed as a principal use or accessory use thereto
shall be allowed upon application to and approval by the Chief Building Official for
structures which require a building permit and which otherwise comply with applicable
use restrictions.
(2) For new development or the first time establishment of nonresidential
approval must be granted by the Site Plan Review and Appearance Board pursuant to
Sections 2.4.5(F), (H) and (I).
(3) Conditional uses must be approved pursuant to the provisions of
Section 2.4.5(E).
(4) The creation of a new lot for the purpose of building a single family
residence or establishing a principal use on its own parcel required platting pursuant
to Section 2.4.5(J) or (K), as applicable.
(F) Development Standards: The development standards as set forth in
Section 4.3.4 shall apply.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply except as modified and added pursuant to the
following:
(1) All uses shall be in completely enclosed buildings and any outdoor
storage is expressly prohibited.
(2) Parking required for business and professional offices shall be at the
standard of one space per three hundred square feet of total floor area (1/300).
APPENDICES PAGE 60
However, this requirement may be reduced to 1/400, or at least by one parking space,
when there is a mix of residential and office use in the same structure.
(H) Special Regulations:
(1) All buildings and structures shall appear to be residential in character
regardless of the actual use therein, shall be kept in a sound and attractive condition,
and in established neighborhoods shall be generally compatible in architectural style
and scale with the surrounding area.
(2) A building or structure in the RO District may contain either a
residential use, an office use, or a mix of uses.
(3) All parking for nonresidential principal uses and conditional uses shall
be located in the side or rear yard or adjacent to a rear alley. No parking shall be
located in the area between any street and the structure (building). Where there are
existing buildings, administrative relief [Section 2.4.7(D)] may be sought from this
subsection (3) provided it is determined that compliance with these provisions is not
feasible and that the residential character of the area will be maintained and that such
parking area shall be substantially screened from off-premises view by, at least, a
four-foot high hedge.
APPENDICES
PAGE 61
APPENDIX D:
R£FERENCES
Alexander, Christopher. A Pattern Language. New York: Oxford University Press,
1977.
Berkowitz, Bill. Community Dreams: Ideas for Enriching Neighborhood and
Community Life. San Luis Obispo, California: Impact Publishers, 1984.
Cisneros, Henry. Defensible Space: Deterring Crime and Building Community.
Washington D.C.: U.S. Department of Housing and Urban
Development, 1995.
Delray Beach, City of. Land Development Regulations. 1990.
Delray Beach, City of. Comprehensive Plan. 1989.
Florida Department of Transportation. Florida Pedestrian Safety Plan. Tallahassee.
1992.
Gallion, Arthur B. and Eisner, Simon. The Urban Pattern: City Planning and Design,
4th ed. New York: Van Nostrand Reinhold, 1980.
Jacobs, Allen. Looking at Cities. Cambridge, Massachusetts: Harvard University
Press, 1985.
Lynch, Kevin. Site Planning, 2nd ed. Cambridge, Massachusetts. M.I.T. Press,
1971.
Mayhew, Clemmer III. Design Guidelines for Historic Places: A Preservation Manual
Delray Beach. Delray Beach: City of Delray Beach Historic Preservation
Board, 1990.
Newman, Oscar. Defensible Space. New York: Macmillan, !972.
Werth, Joel T. and Bryant, David. A Guide To Neighborhood Planning. Planning
Advisory Service Report No. 342. Chicago: American Planning
Association, 1979.
APPENDICES
PAGE 62
APPENDIX E:
The Delray Beach Renaissance Program - Policies and Procedures
I. Purpose
The Delray Beach Renaissance Program is a coordinated approach to housing
delivery that utilizes the expertise and resources of all the City's Affordable Housing
Providers. The Program is designed to provide homeownership opportunities to 80
home buyers through new construction and acquisition/rehab beginning October 1,
1995 through September 30, 1997.
Specifically, the program has as its purpose:
· Revitalization of deteriorated conditions within the CDBG and CRA target
areas.
· Creation of opportunities to provide viable economic mixes of income levels
within the target areas.
· Provision of decent, safe, affordable housing for Iow and moderate income
households.
· Through various incentives, encouragement of private builders to construct
affordable housing within the target areas.
· Provision of construction financing opportunities for participating builders and
non profits through a consortium of lenders called the Community Financing
Consortium, Inc.
· Creation of a mix of affordable housing units with sale prices ranging between
$60,000 and $113,000.
· Job training opportunities for area residents.
· Coordination of housing delivery that provides for maximizing the ability to
leverage available affordable housing funds.
II. Approval
These policies and procedures require approval by the Delray Beach City
Commission, Delray Beach Housing ^uthority, The Community Redevelopment
Agency, The Community Financing Consortium, Inc., and the governing boards of the
Delray Beach Community Development Corporation (CDC) and the Delray Beach
Center of Technology, Enterprise and Development, Inc. (TED Center).
III. Administration
Overall administration of this program shall be in accordance with the Memorandum of
Understanding entered into between the Delray Beach Affordable Housing Partners:
APPENDICES
PAGE 63
The City of Delray Beach, The CRA, The Delray Beach Housing Authority, The TED
Center, The Delray Beach CDC and the Community Financing Consortium, Inc.
Implementation of these policies and procedures shall be the responsibility of the City
of Delray Beach Director of Community Improvement, the Executive Directors of the
Housing Authority, the CRA, and the TED Center, and the President _of the Delray
Beach CDC.
IV. Program Description
The following is a summary description, homebuyer eligibility cdteda and overall
procedures for implementation of the of the various components of the Delray Beach
Renaissance Program.
A. Homebuilding
This component involves the construction of 70 new single family units and the
acquisition and rehabilitation of 10 additional single family units to be sold to the
very Iow, Iow and moderate income home buyers. Subsidy is available for eligible
homebuyers from the City's SHIP, HOME and Bootstrap Rehab Program, the
Community Redevelopment Agency's Affordable Housing Program, the Delray
Beach Housing Authority, the Federal Home Loan Bank Affordable Housing
Program and other public and private sources which may be made available in the
future. The amount of subsidy combined from all sources shall not exceed
$20,000 per household. Subsidy shall be awarded to homebuyers on a first
come, first served basis, with no preferential consideration being provided to either
Non Profit agency.
1. Elicjibility and Priority_ Considerations
Program administrators shall provide assistance in consideration of the
following:
a) Family Status - Parental households with dependent children shall
receive primary consideration.
b) Residency - families who are current residents or who are employed
within the City of Delray Beach.
c) Income - Families whose income levels do not exceed 80% of the
Median Family Income (MFI) adjusted for family size (following HUD
Section 8 guidelines). Those families with incomes below 50% shall be
targeted for 64 of the 80 units with those whose incomes not exceeding
65% of MFI targeted for 16 of the units. Income will be verified by
APPENDICES
PAGE 64
contacting employers, Income Tax records and/or three pay periods of
check stubs.
d) Credit Worthiness - A credit report will be requested and reviewed with
the participating lender. Only those households meeting the lenders
credit standards will be processed further.
e) Debt Ratio (Affordability) - Applicants will be screened on the lenders
income to housing debt ratios. Housing expenses (PITI) may exceed
30% of the households' income; however, this amount shall not exceed
30% of the area median income limits adjusted for family size for the
income category.
f) Public Housing/Section 8 Tenants - Some preference will be given to
those eligible families that are presently residing at Carver Estates Public
Housing Complex or are currently receiving Section 8 rental assistance.
g) First Time Homebuyers - In accordance with Federal
Regulations at 24 CFR 92.2, first time homebuyers include
displaced homemakers, single parents and families who have not
owned a home within 3 years prior to application for housing
assistance.
2. Homebuyer Assistance
a) Assistance with Construction Financing - Low or no-interest loans up
to $20,000, averaging approximately $15,000, may be made for principal
reduction; the payment of closing costs and payment of impact fees
(ordinances adopted by Palm Beach County and the City of Delray
Beach do not allow the waiver of impact fees). Principal Reduction will
be secured as a second mortgage on the property and run for 15 years
with a 0% interest rate. For each year the household lives in the
property as their principal residence 1/15 of the assistance amount will
be forgiven. Subsidy assistance provided with Federal Home Loan Bank
dollars will be secured by a third position mortgage.
b) Lot Acquisition for New Construction - Assistance with the purchase
of vacant, single family lots within the boundaries of the CDBG Target
Area may be given to eligible sponsors or the very Iow and Iow income
households needing to subsidize a portion of the cost of the home or
mortgage to reduce the end price. Lots acquired and provided to eligible
sponsors and/or families will be conditioned on construction beginning
within twelve months of closing or assignment of the lot, and the
condition that the new unit must be completed within 24 months of the
fiscal year in which it was acquired.
APPENDICES
PAGE 65
c) Families receiving this form of assistance must be approved for a
mortgage. Lots shall be provided on a first come/first served basis.
d) Acquisition/Rehabilitation Assistance - Assistance to very Iow and
Iow income households to purchase existing homes which may need
repair and will be used as their principal home may be Rrovided. The
assistance provided will be in the form of a deferred loan up to $15,000,
with the average assistance per unit being approximately $8,000. This
assistance will be secured as a second mortgage on the property and
run for 15 years with a 0% interest rate. For each year the household
lives in the property as their principal residence 1/15 of the assistance
amount will be forgiven.
3. Recapture Provisions
Families assisted under this program shall be contractually subject to
Recapture Provisions as set forth in the Palm Beach County/City of Delray
Beach HOME Consortium Program Description and the City of Delray Beach
SHIP Housing Assistance Plan. These provisions require that purchasers must
occupy the unit assisted as the principal residence for a period of 15 years.
Any subsequent Iow income purchaser must also retain the house as principal
residence for the balance of the period. If the unit is subsequently sold to a non
Iow income buyer, then the initial assistance, less mortgage amortization, shall
be payable in full. These provisions shall be secured by a mortgage note which
shall be recorded in the Public Records of Palm Beach County.
4. Application Process/Loan Processing
Applications for Affordable Housing assistance may be obtained from either
participating agency (City of Delray Beach, CRA, Delray Beach Housing
Authority, The TED Center or The Delray Beach CDC). Each application for
assistance shall be processed by either the TED Center or the Delray Beach
CDC.
Upon receipt of application, the Non-Profit agency shall determine eligibility of
applicant, provide pre-qualification services, credit counseling, housing unit and
lot selection and building contractor assistance.
Upon the completion of the pre-qualification, eligibility and other applicant
processing, the non-profit shall notify the City of Delray Community
Development Coordinator of the estimated amount of required subsidy. The
non profit shall consult with the Community Financing Consortium to obtain a
valid pre-qualification amount.
The following shall be considered a formal notification:
APPENDICES
PAGE 66
1. A Standard Form of Agreement Between Owner and Contractor
2. Detailed Construction Costs including all hard and soft costs including
detailed developer's fees if any.
3. Specification Sheets
4. Income Certification Form
5. Lot Acquisition Contract ..
Upon receipt of the applicant packet from the non profit, the CD Coordinator
shall verify eligibility in accordance with Federal, State and Local regulations.
Once this information has been verified, the applicant shall be referred to the
Community Financing Consortium for underwriting and mortgage approval.
5. Contractor Pre-qualification and Selection Process
The participating nonprofit agencies, the TED Center and the Delray Beach
CDC shall be responsible for pre-certifying and selecting builders for the
development of housing. The nonprofit agencies shall advertise an invitation
for contractors to participate and shall develop a list of a minimum of 5 and a
maximum of 7 general contractors who meet the following general criteria:
1. Proof of license and insurance
2. Demonstrative Financial Soundness
3. Ability provide a 10-year Home Owners Warranty Program
4. Ability to provide a minimum of three different floor plans
5. Ability to provide an affordable product
6. Possesses a proven track record in the Single Family Affordable market
as attested to by governmental agencies, nonprofits, homebuyers, banks
and suppliers.
7. Ability and willingness to invest $200 annually upon acceptance as a
participant contractor and $50 for each unit contracted to build. These
funds are to be used for marketing the Renaissance Program
6. Mortgage Financing
Upon receipt of the above described packet, the Community Financing
Consortium shall proceed with its underwriting and loan processing. VVithin one
week of loan closing, verification of subsidy needs and a formal request for
funds shall be provided to the City of Delray Beach.
7. Mandatory Homebuyer Seminars
Homebuyers shall be required to attend at least one 4-hour training session.
The City of Delray Beach, each non-profit agency and the Community
Financing Consortium shall jointly coordinate each session.
APPENDICES
PAGE 67
These sessions shall at a minimum include the following topics:
1. Personal Finance and Planning
2. Credit and Borrowing
3. Fair Housing Issues
4. Maintenance and Upkeep :
5. Underwriting Criteria
6. Property Tax Information
7. Other information as required by participants and federal/State
regulations.
B. Credit Incubator
We project that there will be applicants whose credit history will deter them from
purchasing a home during the first years of the Renaissance program. This
component provides for the acquisition of four units to be owned and managed by
the participating non profits for the purpose of leasing to applicants with less than
desirable credit histories. These applicants would be required to attend seminars
and other ongoing programs designed to repair damaged credit. At the end of
their incubation period, the applicant would be given the opportunity to purchase
the unit occupied. Subsidy would be provided at closing as in the Homebuilding
component.
C. Title Repair
There are a number of vacant lots within the City of Delray Beach that, due to
many reasons, have faulty titles. Many of the lots have been demolished over a
period of 10 years by the City (eliminating blight) or owned by heirs of persons who
died with no Will, or merely were never recorded properly in County records. This
component involves the purchase of and/or the contracting and assignment of
contracts for lots through the Community Redevelopment Agency. The CRA shall
provide title clearance for subsequent sale to a purchaser.
D. Community Stabilization
This component incorporates the City of Delray Beach's existing CDBG-funded
housing rehabilitation program, the locally funded Neighborhood Programs and
Community Oriented Code Enforcement programs in order to enhance the
construction efforts. The City currently provides CDBG grants to Iow income
homeowners for substantial rehabilitation. Additionally, local funds are provided to
improve the exterior of owner-occupied housing units. Aisc, with the adoption of
the 1990 Comprehensive Plan, the City committed to provide technical assistance
to organizing neighborhood associations throughout the City. These programs
along with our Community Oriented Code Enforcement have already created a
visually improved community since 1990.
APPENDICES PAGE 68
Approved Policies and Procedures of the CDBG program and Code Enforcement
shall govern this component.
E, Cabinet Construction Apprenticeship
This component shall take its lead from the private builders, who in cooperation
with local vocational schools shall provide on-the-job training ol~portunities to
persons enrolled in cabinet making programs. These apprentices shall provide the
cabinets for the new construction component of the Delray Beach Renaissance.
£1TY (IF I]ELARY BERgH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993
TO: David T. Harden, City Manager
CRobert A. Barcinski, Assistant City Manager
FROM:
SUBJECT: Agenda Item #~City Commission Meeting, March 5, 1996
Tropic Boulevard Curb and Sidewalk Project
DA TE: February 28, 1996
ACTION
City Commission is requested to expand the sidewalk and curb improvement
project on Tropic Boulevard to include a sidewalk on the south side of the street
and new curbing for the medians. This request has been received from Mr.
Jimmy Carter.
BACKGROUND
The City is in the process of adding curbing to the north and south sides of Tropic
Boulevard between U.S. 1 and Spanish Trail, as well as sidewalk on the north side
of the street. The curbing work has been contracted out and city crews will be
constructing the sidewalk. Total cost for this project is ~ $7,000 with funding
coming from the Street Division operating budget.
This project was originally committed to by the previous Deputy Director in
March, 1995. Due to other projects and funding priorities, the work was delayed
until this fiscal year.
Mr. Carter had originally requested this work be done and thought sidewalks on
both sides of the street were to be included. He feels pedestrian safety warrants
this addition. He has since requested that the curbing around the medians also
be done. The additional cost to do this work is ~ 4,000. City policy has been to
install sidewalks on only one side of the street in residential areas, therefore, staff
has not recommended the addition.
Although the curbing around the medians is almost flush with the asphalt, there is
no evidence of vehicular damage. Due to the lack of available funding, staff is
not recommending the curb replacement around the median at this time. If
Commission agrees to adding the additional sidewalk and curbing to this
project, funding will need to be identified.
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Agenda Item
Page 2
RECOMMENDATION
Staff recommends completing the project as planned without the additional
sidewalk and curbing work.
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CITY OF I EL#AY BEACH
CITY ATTORNEY'S OFFICE ~ ~'¥ ~ ~""~'~' ~'~ '~'~:" ~o~ ~4
FACSIMI! ,E 407/278-4755 Wall's Dke~ L~e: (407) 243-7091
DELRAY BEACH
AII,Amerie~ Oi~ ~O~D~
1993 TO: City Co~ssion
FROM: Brian Shutt, Asfist~t City Attorney
S~CT: Conceptual Approval Agreemem for S~doway House
Attached for your approv~ is the Conceptu~ Approval Agreement between the Florida
Co~u~ties Trust, the City ~d P~m Beach County. As you may remember P~m Beach
County purchased the Sandoway House and under the terns of that agreement the City was
allowed up to 3 years to obt~n gr~t ~nds to help defer the cost of the acquisition of the
property by the County. A presentation was made to Florida Comu~ties Trust and the
Trust awarded gr~t ~nds in the mount of $300,000 to the City ~d County.
T~s Conceptual Approval Agreement has been approved by the Bo~d of the Florida
Co~u~ties Trust ~d now must be executed by the City ~d P~m Beach CounW and
returned to FCT by April 1, 1996. T~s matter is scheduled for the County Com~ssion
Meeting of M~ch 19, 1996.
By copy of t~s memorandum to Dahd Harden our office requests that t~s A~eement be
placed on the City Com~ssion March 5, 1996 Agenda for Co~ssion Approve.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan A. Ruby, City Attorney
sandcom, rbs
(~ Pnnted on Recycled Paper
[ITY JIF I]ELAIIY BEA[H
p ~,L %AY. B,~A,(::H~ R EC b_ I V E iT,,
AIl-~ri~
1993
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Florida Communities Trust - Sandoway House
DATE: March 1, 1996
Per your request, I have reviewed the agreement with Florida Communities
Trust for the Sandoway House. I am under the assumption that the City
will sign an agreement with the Sandoway Committee to carry out those
responsibilities as mentioned in numbers 1 through 9 on pages 9 and 10.
This refers to the obligation to provide a walking trail, interpretive
displays, a wildlife observation area, a coastal dune and dune vegetative
community, etc. If, for some reason, the Sandoway Committee is not able
to fulfill these functions, these then would become the obligations of
the City.
· or of Parks and Recreation
cc: Brian Shutt, Assistant City Attorney
JW:cp
Ref:f!cmtrus
THE EFFORT ALWAYS MATTERS
Pri~ted on ~ecycled P~er
MAR- 1 1996
.... ~,'-- CITY M," ........... '- ~'"
The Friends of Sandoway House Nature Center, Inc.
March 1, 1996
To: David Harden, City Manager
From: Carolyn Patton, President, The Friends of Sandoway House Nature Center, Inc.
As per your request, I have reviewed the proposed Conceptual Approval Agreement
between the City, the County and FCT that was provided to me yesterday.
Of course, I have to rely on the City Attorney's office for official approval of all the
language and terms and my reading is strictly a common sense one. However, I did note
the following:
1) On page 2, under Section I, paragraphs 3 and 4 appear to mean that if the Nature
Center is not operational by Nov. 8, 1996, we need an extension, which we are entitled to.
I would assert that the center will not be operational at that time and we will need an
extension. Our planned opening is Junel, 1997, well within the extension time limit. Brian
Shutt advises me that the extension is in the works.
2) On page 9, under Section VII, "limited parking" on the project site would refer to the
ability to pull emergency vehicles or delivery trucks up to the house. All of our parking
will be ADJACENT TO the project site, with the City adding 30 spaces to Ingraham when
our construction begins. Brian Shutt advises that he will re-affirm this to FCT.
Our plans continue to move forward very positively, and we thank city stafffor all their
help in this matter.
Sin ,c/~/,y, ~.~,/
Car~yn Patton
cc: Allison Harty, City Clerk
Brian Shutt, Assistant City Attorney
William S. Weisman, Esq.
FCT CONTRACT # FLORIDA COMMUNITIES TRUST
P5A AWARD//95-007-P56
CONCEPTUAL AI'PROVAL AGREEMENT
THIS AGREEMENT is entered into on ,1996, the date the
last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST
(FCT), a nonregulatory agency within the State of Florida Department of Community Affairs,
and PALM BEACH COUNTY and CITY OF DELRAY (FCT Recipient), a local government of
the State of Florida, in order to impose terms and conditions on the disbursement of Preservation
2000 Revenue Bond proceeds as partial reimbursement of funds expended by the FCT Recipient
to acquire land (Project Site), hereinafter described, and to impose terms and conditions on the
Project Site, as shall be necessary to ensure compliance with applicable Florida Law and federal
income tax law and to otherwise implement provisions of Sections 259.101,375.045, and
Chapter 380, Part 11I, Florida Statutes (F.S.).
WHEREAS, Chapter 380, Part Ill, F.S., the Florida Communities Trust Act, creates a
nonregulatory agency within the Department of Community Affairs (Department) that will assist
local governments in bringing local comprehensive plmls into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open space, mid coastal
elements of local comprehensive plans, or iii conserving natural resources and resolving land use
conflicts by providing financial assistance to local govermnents to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the
distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the
Department of Community Affairs to provide land acquisition grants and loans to local.
governments through the FCT;
WHI~REAS, the Governo'r and Cabinet authorized the sale and issuance of State of
Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds);
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the
Bonds is excluded from the gross income of Bondholders for federal income tax purposes;
WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.) sets forth the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund;
WHEREAS, the FCT Governing Body met oil December 14, 1995, to rank and select
projects that were to receive Conceptual Approval for funding;
WHEREAS, the FCT Recipient's project, described in all application submitted for
evaluation, was selected for funding contingent upon and until the sale of tile 1996A Preservation
2000 Bonds and in accordance with Rule Chapter 9K-4, F.A.C., and more particularly described
within this Agreement;
WHEREAS, Rule 9K-4.010(2)(0, F.A.C., authorizes FCT to impose conditions for
funding on those FCT applicants whose projects have been selected for funding; and
WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property owned by the Recipient
and included in the application as part of the Project Site as an eligible source of local match,
provided that real property owned by the Recipient has been acquired, by the Recipient, within
CAA/95-007 -P56
Reim./2-8-96 i
one year of the publication date of the Notice of Application Period for which the application
was made. The date of this Notice was June 2, 1995;
WHEREAS, the FCT Recipient acquired the fee simple title to the Project Site on
July 25. 1~9~ from William Hood and Carolyn Hood, his wife,
WIIEREAS, the FCT Recipient has requested disbursement of FCT Preservation 2000
Series Bond Proceeds from FCT subsequent to the closing on the acquisition of the Project Site
for the project costs expended for the acquisition of the Project Site by the FCT Recipient; and
WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual
Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT
Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to
its reimbursement with the FCT Preservation 2000 Series Bond Proceeds.
NOW THEREFORE, FCT and FCr Recipient mutually agree as follows:
1. G ENEILA, L CONDITIONS
i. At least two original copies of this Agreement shall be executed by FCT Recipient
and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as
soon as possible and before April 1, 1996. Upon receipt of the signed Agreements by FCT, FCT
will execute the Agreements, retain one original copy and return all other copies that have been
executed to FCT Recipient. If the FCT Recipient requires more than one original document, the
FCT Recipient should photocopy the number of additional copies needed, and then execute each
as an original document.
2. The name Conceptual Approval Agreement is used to indicate that the project has
been approved as a concept that was described in FCT Application #95-007-P56. ' The
Conceptual Approval Agreement is in every respect a grant contract between the parties. The
Agreement.describes activities that will be conducted both prior and subsequent to
reimbursement for acquisition costs for the project site, which is the subject of the application
that was subnfitted and selected for funding by the FCT.
3. Conceptual Approval for funding shall be contingent upon and until the sale of the
1996A Preservation 2000 Bonds, scheduled to occur spring 1996. Upon the sale of the 1996A
Bonds, this contingency clause shall be removed by an addendum to this Agreement.
Conceptual Approval for funding shall be until November 8, 1996. In the event the project has
not been completed in full by November 8, 1996, the Conceptual Approval Agreement must be
extended in order that the grant will remain in effect. In advance of the November 8, 1996, date
and in sufficient time before a meeting of the FCT governing board that would allow approval of
an extension to this Agreement before its expiration, the FCT Recipient must request a written
extension to the Conceptual Approval Agreement for project continuation in compliance with
Rule 9K-4.010(2)(k), F.A.C. If the FCT Recipient does not request an extension, or if an
extension is not granted to the FCI' Recipient by the FCT Governing Body, the Preservation
2000 award granted to the FCT Recipient by the Governing Body shall terminate and all
obligations hereunder shall cease.
4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed
two (2) years from date the Agree~nent was approved by the FCT, except as described in this
paragraph. If the project is not concluded by February 7, 1998, the project may only be
extended if the FCT Governing Body determines that a request for additional time to complete
the project is based upon compelling and extraordinary circumstances that would have precluded
the project from having been concluded sooner. This two-year limitation is based upon the
FCT's continuing concern at the length of time required by ninny local govermnents to conclude
their projects, as well as the Florida Legislature's on-going concern at the rate of expenditure of
FCT's Preservation 2000 funds.
CAA/95-007 -P56
Reim./2-8-96 2
5. This Agreement may be terminated before its expiration at the written request of
the FCT Recipient. Such a request shall fully describe the circumstances that compel the FCT
Recipient to terminate the project. A request for termination should be mailed to the offices of
the FCT at the address given in paragraph I above. The request for termination will be placed on
the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence
by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT
Recipient.
Circumstances may arise that, in the analysis of the FCT, warrant terminatiou of the
project before its completion. In such an event, the FCT will advise the FCT Recipient of its
analysis and will confer with the FCT Recipient on continuation of the project. If the FCT
Recipient concurs, a request for termination will be considered at the next regularly scheduled
meeting of the FCT Governing Body.
6. FCT Recipient agrees to make diligent efforts to submit the documentation that is
required in this Agreement as soon as is reasonably possible to FCT so that acquisition costs for
the Project Site may be reimbursed in an expeditious maturer. Deadlines stated in this
Agreement, as well as deadlines associated with any FCT activity relating to the project, are
strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated
with meetings of the FCT Goveruing Body, may result iu delays in the project, may result in
allocation of time or resources to other recipients that responded timely, and may result in this
Agreement being voidable. It is the responsibility of the FCT Recipient to know all project
deadlines, to devise a method of monitoring the project, and to adhere to all deadlines.
7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event
exceed the lesser of FORTY-EIGItT percent (48%) of the final total project costs, as defined in
Rule 9K-4.002(31), F.A.C., or THREE IIUNDRED TIIOUSAND and 00/100 Dollars
($300,000.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-
4.011 (2)(a), F.A.C.
8. · The grant amount stated in paragraph 7 above is based on the FCT Recipient's
estimate of Total Project Costs in application #95~007-P56, as well as limits on awards in the
Notice of Application Period announcing the application cycle. When disbursing funds for the
project, the FCT will recognize the actual total Project Costs, defined in Rule 9K-4.002(31),
F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant
reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in
the land cost at either the actual purchase price, or the maximum approved purchase price based
ou appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever
is less, and multiplied by the perceut stated in paragraph 7 above..
9. The FCT Governing Body has given Conceptual Approval for funding to acquire
the entire Project Site identified in the FCT Recipient's application #95-007-P56. The Governing
Body reserves the right to withdraw the FCT award if the acreage that comprises the Project Site
is reduced so that the objectives of the acquisition cannot be achieved.
10. The FCT funds shall be delivered either in the form of eligible Project Costs
prepaid by FCT to vendors or in the form of a state warrant to the FCT Recipient. FCT award
funds shall only be delivered after FCT approval of the project plan and terms of the acquisition
of the Project Site. if the Project Site is comprised of multiple parcels, FCT shall deliver only
the share of the FCT award that corresponds to the parcel for which reimbursement is being
made. FCT will prepare a grant reconciliation statement prior to the reimbursement that will
evidence the amount of local match, if any is required, provided by the FCT Recipieut and the
portion of the FCT award that corresponds to the parcel for which reimbursement is being made.
Cash expended by the FCT for eligible Project Costs incurred by the FCT will be recognized as
part of the FCT grant award amount on the grant reconciliation statement.
CAA/95-007 -P56
Reim./2-8-96 3
11. Tile FCT Recipie,lt's local ,hatch, if any is required, shall be delivered either in
the form of eligible Project Costs prepaid to vendors by tile FCT Recipient or eligible donation
of land value. If the Project Site is comprised of multiple parcels, the FCT Recipient shall only
be reimbursed for the eligible project costs that correspond to the parcel being reimbursed. The
cash expended by the FCT Recipient for eligible Project Costs incurred by the FCT Recipient
will be recognized as part of the local match, if any is required, on the grant reconciliation
statement prepared pursuant to paragraph 10 above. In the event FCT Recipient's application
#95-007-P56 represents that land is the source of local match, if a,~y is required, the value
attributed to the land local match shall be determined after an appraisal report that complies with
tile procedures and requirements set forth i, Rule 9K-6.007, F.A.C.
12. The FCT Governing Body adopted the Preservation 2000 Progratn Approved List
of Complete Applications for Series P56 Funding Cycle on September 14, 1995, at which time
the Project Site became part of a list of lands that were approved tbr consideration for land
acquisition. If action initiated by the FCT Recipient that is the local government having
jurisdiction over the project site, subseque,~t to Septe,nber 14, 1995, results in a governmentally-
derived higher value due to an enhanced highest and best use, the reimbursement for land costs
shall be determined by appraisal(s) based on. the highest and best use of the Project Site on or
before September 14, 1995.
13. FCT Recipient hereby notifies tile FCT that the following individual is the
authorized key contact, or project manager, on behalf of the FCT Recipient for purposes of
coordinating project activities for the duration of the project:
Na~l~; R. Brian Shutt, Esq.
Title; Assistant City Attorney
Address; 200 N.W. 1st Avenue
Delray Beach, FL 33444
Phone:(407) 243-7091 Fax; (407) 278-4755
14., This Agreement may be amended at any time prior to FCT giving project plan
approval to' the FCT Recipient. Any amendment must be set forth in a written instrument and
agreed to by both the FCT Recipient and FCT.
11. REQUIREMENTS TIIAT MUST BE MET PRIOR TO PROJECT
PLAN APPROVAL AND Tile DELIVERY OF AWARD FUNDS
FOR REIMBURSEMENT OF PROJECT COSTS EXPENDED BY
FCT RECIPIENT TO ACQUIRE PROJECT SITE
1. By execution of this Agreement, the FCT Recipient affirms that:
a. the FCT Recipient reaffirms the representations made in FCT Application
#95-007-P56;
b. the FCT Recipieut shall, on the anniversary date of the approval of the
project plan by the Governing Body, prepare and submit to FCT an annual report as required by
Rule 9K-4.013, F.A.C.
c, the FCT Recipient authorizes the individual named in this paragraph to
execute all documents itl connection with this project on behalf of the FCT Recipient, including
but not limited to the Conceptual Approval Agreement or any addenda thereto, grant
reconciliation statement, statements submitted as a part of the project plan, and Grant Award
Agreement pursuant to Rule 9K-6.014(6), F.A.C.:
CAA/95-007 -P56
Reign./2-8-96 4
CITY OF DELRAY BEACH, FLORIDA PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
Name: Thomas Lynch Ken Foster
Title: Mayor ~haJrman
Address: 100 N.W. 1st Avenue 301 North Olive Avenue
Delrav Beach~ FL 33444 west Palm B~h~ FL q3401
2. Prior to final disbursement of award funds by FCT, the FCT Recipient must
prepare a project plan that complies with Rule 9K-4.011, F.A.C. This project plan is a
compilation of the following items listed below, which must be reviewed and approved by FCT
in a meeting of the Governing Body. In the event that the FCT Recipient is a partnership, the
FCT Recipient must provide FCT with the interlocal agreement that sets forth the relationship
among the partners and the fiscal and mauagement responsibilities and obligations incurred by
each partner for the Project Site as a part of its project plan.
The project plan shall include, and shall not be considered by FCT unless it includes all of the
following:
a. A statement that tile acquisition activities were conducted consistent with
either Rule 9K-6.004(3)(d)(l) or (2), F.A.C., whichever applies.
b. The following documents, to be reviewed by FCT to ensure that the
interest of the State of Florida will be protected:
(I) A copy of the real estate contract for sale and purchase of the
Project Site between FCT Recipient and W£11iam Hood and Carol.,¥n Hood,
his wife.
(2) A copy of Buyer and Seller closing statements for the purchase of
the Project Site.
(3) A copy of tile recorded deed evidencing conveyance of title to the
Project Site to tile FCT Recipient.
(4) Certified survey of the Project Site that meets the requirements of
Rule 9K-6.006, F.A.C., and dated within 90 days of the date of acquisition of
Project Site by FCT Recipieut.
(5) Appraisal report(s) prepared for tile FCT Recipient's acquisition of
tile Project Site that complies with the require,nents of Rule 9K-6.007, F.A.C.
(6) A copy of the title insurance policy evidencing marketable title in
FCT Recipient to tile Project Site and effective tile date of acquisition of the
Project Site by the FCT Recipient, including a statement from the title insurer as
to the minimum promulgated rate if premium was paid by FCT Recipient, and all
documents referenced in tile title policy.
(7) Environmental site assessment of the Project Site certified to the
FCT Recipient, which meets tile standards and requirements of the FCT
Recipient, and with a date of certification within 45 days before the date of
acquisition of the Project Site by FCT Recipient, together with the statement
required by Rule 9K-6.012(4), F.A.C.
c. A ,nanagement plan that complies with the following: written according
to Exhibit A (FCT Technical Assistance Bulletin #2--Writing a Management Plan), which is
attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria
and conditions set forth in Section IV, V, VI, and VI1 hereinbelow; and, at a nfininmm, sets forth
CAA/95-007 -P56
Reim./2-8-96 5
how the site will be managed to further the purpose of the project, contains a description of all
planned improvements to the Project Site, ideutifies the costs of management and site
improvement and funding sources, and identifies the management entity and its funding source.
If the FCT Recipient is not the proposed managing entity, the project plan must include a signed
agreement between the FCT Recipient and the managing entity stating the managing entity's
willingness to manage the site, the manner in which the site will be managed to further the
purpose(s) of the project, and identification of the source of funding for management.
d. A statement of the total Project Cost, including all non-recurring costs of
project development.
e. A statement of the amount of the award being requested from FCT.
f. A statement from each FCT Recipient in whose jurisdiction the Project
Site is located that the project plan is consistent with the local comprehensive plan.
g. Evidence that conditio,~s imposed as a part of the Conceptual Approval
Agreement have been satisfied.
h. An affidavit from the FCT Recipient evidencing that after conducting a
diligent search, the FCT Recipient, to the best of its know/edge, represents that there are no
existing or pending violations of any local, state, regional and federal laws and regulations on the
Project Site.
3. The FCT strongly encourages the FCT Recipient to request a courtesy review of
its entire project plan, but especially its management plan, well in advance of the meeting of the
FCT Governing Body where the project plan will be considered for approval and funds will be
authorized for disbursement. As a part of its duties to the Governing Body, FCT Staff will make
a recomme~adation of approval of complete and accurate project plans or disapproval of
incomplete 0r insufficient project plans. FCT Recipient is strongly urged to coordinate with the
FCT staff in order that the FCT review of the ,nanagement plan coincides with the anticipated
Governing Body approval.
4. Pursuant to 9K-4.01 l(2)(b), F.A.C., FCT shall witlfl~old project plan approval if
the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any
reason found not in compliance by the Department after conceptual approval has been granted by
FCT, unless the FCT Recipient has executed a Compliance Agreemeut (formerly called a
stipulated settlement agreement) with the Department to resolve all of the issues raised by the
Department in a statement of intent to find a plan not in compliance issued to pursuant to Section
163.3184(8), F.S.
5. Pursuant to Rule 9K-4.010(3), F.A.C., the FCT shall publish a Notice of Approval
for Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project
plan that has received approval for fut~ding and the amount of funding approved. Any person
with a substantial interest that is or may be determined by the decision of the FCT to reject or
approve the project plan may request an ad~ninistrative proceeding pursuant to Section 120.57,
F.S. within 21 days from publication of the Notice of Approval for Preservation 2000 Funds.
Reimbursement of costs of acquisition of the Project Site may only take place after expiration of
the 2 l-day notice period, so long as no requests for an administrative proceeding have been filed.
IlL PROJECT SITE ACQUISITION REQUII~d~MENTS IMPOSED BY
CIIAPTER 259, CIIAPTER 375, AND CHAPTER 380, PART Ill, F.S.
FCT RECIPIENT AGREES AS FOLLOWS:
CAA/95-007 -P56
Reim./2-8-96 6
1. FCT shall approve the terms under which the interest in land was acquired,
pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing
body approves the project plan containing a copy of the document vesting title to the Project Site
in the FCT Recipient.
2. Title to the Project Site shall be titled in the FCT Recipient.
3. Each parcel to which the FCT Recipient acquires title in the Project Site shall be
subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use
of the Project Site at all times complies with Section 375.045 and 375,051, F.S.; Section 9,
Article XII of the State Constitution; tile applicable bond indenture under which the Bonds were
issued; and any provision of the Internal Revenue Code or the regulations promulgated
thereunder that pertain to tax exempt bonds and shall contain clauses providing for the
conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust
Fund upon failure to use the Project Site conveyed thereby for such purposes. Such covenants
and restrictions as are described in this paragraph shall be in the form of a Grant Award
Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement
and recorded at the time ofreimburselnent for acquisition of the Project Site. The recordable
Grant Award Agreement shall restate the conditions that were placed on the Project Site at the
time of project selection and initial grant approval. Ali statements contained in the recordable
Grant Award Agreement are contained itl this Conceptual Approval Agreement, with the
exception of statements that do not survive the reimbursement for the acquisition of the Project
Site.
4. The Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 3 above and describing the real property subject to the Agreement shall
be executed by the FCT and FCT Recipient at the time of the reimbursement for the Project Site
and shall be recorded in the county in which the Project Site is located.
5. If any essential term or condition of the Grant Award Agreement is violated, and
the FCT Re.c, ipient does not correct the violation within 30 days of written notice of violation,
title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The Grant Award Agreement referenced in paragraph 3 above shall
set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
6. The interest acquired by the FCT Recipient in the Project Site shall not serve as
security for any debt of the FCT Recipient.
7. If the existence ofthe FCT Recipient terminates for any reason, title to all interest
in real property it has acquired with the FCT award shall be conveyed or revert to the Board of
Trustees of the Internal hnprovement '/rust Fund, unless FCT negotiates an agreement with
another local government or nonprofit organization which agrees to accept title to all interest in
and to manage the Project Site.
8. The Project Site shall be managed only for the conservation, protection and
enhancement of natural resources and for public outdoor recreation that is compatible with the
conservation, protection and enhancement of the Project Site, along with other related uses
necessary for the acco~nplishment of this purpose. The proposed uses for the Project Site must
be specifically designated in the management plan approved by the FCT as a part of the project
plan.
IV. OBLIGATIONS OF TItE FCT RECIPIENT AS
A CONDITION OF PROJECT FUNDING
1. Following the acquisition of the Project Site, the FCT Recipient shall ensure that
the future land use designation assigned to the Project Site is for a category dedicated to open
space, conservation, or outdoor recreation uses as appropriate. If an mnendment to the FCT
CAA/95-007 -P56
Reim./2-8-96 7
Recipient's co~nprehensive plan is required, the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project
Site's acquisition.
2. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all
activities under this Agreement comply with all applicable local, state, regional and federal laws
and regulations, including zoning ordinances and the applicable adopted and approved
comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the connnencement of any construction.
3. The FCT Recipient shall, through its agents and employees, prevent the
unauthorized use of the Project Site or any use thereof not in confornfity with the management
plan approve by the FCT as a part of the project plan.
4. FCT staffor its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the FCT Recipient at the Project Site.
5. Ali buildings, structures, improvements, and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from FCT
shall not be unreasonably witlfl~eld by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or land alterations will not
adversely impact the natural.resources of the Project Site. The approval by FCT of the FCT
Reeipient's nmnagement plan addressing the items mentioned herein shall be considered written
approval from FCT.
V. OBLIGATIONS OF TllE FCT RECIPIENT
RELATING TO TItE USE OF BOND PROCEEDS
1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to
impose conditions for funding on FCT Recipient in order to ensure that the project complies with
the reqmrements for the use of Preservation 2000 Bond proceeds iucluding without limitation,
the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the
same pertain to tax exempt bonds.
2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient
and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT
Recipient shall provide at least 60 days advance written uotice of any such transactions, events,
and circumstances to FCT, and shall provide to FCT such information with respect thereto as
FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or
interest. FCT Recipient agrees and acknowledges that the following transactions, events, and
circumstances may be disallowed on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law. The FCT Recipient further agrees
and acknowledges that the following transactions, events, and circumstances may be allowed up
to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations
of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to any person or
organization;
b. the operation of any concessiou on the Project Site by any person or
organization;
c. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site, with any person or organization;
CAA/95-007 ~P56
Reim./2-8-96 8
d. any use of the Project Site by any person other than in such person's
capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use
expected at the date of the issuance of a,ly series of bonds from which the disbursement is to be
made;
f. a management contract of the Project Site with any person or organization;
or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the FCT Recipient.
The foregoing are collectively referred to as tile "Disallowable Activities."
VI. DISALLOWABLE ACTIVITIES/REMEDIES
In the event that FCT determines at any time or from time to time that the FCT Recipient
is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT
Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon
receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby
indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any
nature whatsoever arising from or with respect to Disallowable Activities on the Project Site.
Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In
addition to all other rights and remedies at law or in equity, FCT shall have file right to
temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on
the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIEN~"AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITLES, OR
NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO
ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A
RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE
FULLY COMPLIED WITH BY TIiE CONTRACTING PARTY.
VII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT
MUST BE ADDRESSED IN THE MANAGEMENT PLAN
The management plan for the Project Site is mentioned throughout this Agreement, and is
particularly described in Paragraph 2.c. of Section II above. In addition to the various conditions
already described in this Agreement, which apply to all sites acquired with FCT funds, the
management plan shall address the following conditions that are particular to the Project Site and
result from either representations made in the application that received scoring points or
observations made by the FCT staffduring the site visit described in Rule 9K-4.010(2)(f),
F.A.C.:
1. The FCT Recipient shall provide outdoor recreational facilities including a
walking trail, interpretive displays, a wildlit~ observation area and limited parking on the Project
Site. These facilities shall be developed in a manner that allows the general public reasonable
access for observation and appreciation of natural resources on the Project Site without causing
harm to those resources.
CAA/95-007 -P56
Reim./2-8-96 9
2. The FCT Recipient shall re-create a coastal dune and dune vegetative community
along the eastern portion of the Project Site
3. The FCT Recipient shall ensure that the Project Site is sufficiently buffered from
the adverse impacts of adjacent land uses.
4. The historic home existing on the Project Site shall be protected and renovated to
serve as a nature center.
5. The FCT Recipient shall provide a nature center and environmental education
programs on the Project Site. Educational programs shall promote an understanding of natural
resources and systems, and the importance of resource conservation and preservation.
6. Management of the Project Site shall be coordinated with management of the
adjacent city park and city parking area.
7. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized
vehicles shall be promoted except in those areas where resource protection considerations
warrant limiting access.
8. As described in it's application, the FCT Recipient shall provide an organized
recreational program directed toward the participation of at-risk-youth. The program shall be
offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime
through the provision of recreational opportunities.
9, The requirements imposed by other grant progran~ funds that may be sought by
the FCT Recipient for activities associated with the Project Site shall not conflict with the terms
and conditions of the FCT award.
This Agreement including Exhibit "A" embodies the entire agreement between the
parties. ,,
CAA/95-007 -P56
Reim./2-8-96 ~. o
IN WITNESS WI IEREOF, the parties hereto have duly executed this Agreement.
PALM BEACH COUNTY CITY OF DELRAY
By: By:
Name: Name:
Date: Date:
Accepted as to Form and Legal Accepted as to Form m~d Legal
Sufficiency: Sufficiency:
Date:. Date:
FLORiDA COMMUNITIES TRUST
By:
.lames F. Murley, Chair
Date:
Accepted as to Form and Legal
Ann J. Wild, Trust Counsel
Sufficiency,.',
Date:
CAA/95-007 -P56
Reim./2-8-96 ~- ~.
EXHIBIT A
FLORIDA COMMUNITIES TRUST
PRESERVATION 2000 AND ACSC PROGRAMS
Technical Assistance Bulletin: 02
Writing a Management Plan
The conceptual management plan submitted as a part ora Florida Communities Trust ("FCT") grant application or
proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and
informati6n gathered for the application or proposal can and should be reflected in the plan where appropriate.
Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the~
management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement,'~
the recorded deed when it becomes available, and other supporting documents should be included as exhibits or
included in the appendix of the management plan for future readers. The following general outline identifies the
range of issues to be addressed in the management plan, where applicable.
INTRODUCTION AND GENERAL INFORMATION
Provide a table of coments of the management plan.
Provide information including the name of the project, the location of the Project Site, and other general
information such as a brief resource description, and historical information relevant to site management.
PURPOSE OF THE PROJECT AND MANAGEMENT
Discuss the purpose for acquiring the Project Site and proposed future uses consistent with statements made
in the application or proposal. Provide a summary of the comprehensiveplan directives that would be furthered
by managing the site as proposed. Commitments made in the application or proposal and reinforced by
conditions of the grant funding must be reflected in the management plan.
Identify the principle objectives for managing natural resources and compatible outdoor recreation. ..
Identify a procedure to amend the land use designation to conservation, omdoor recreation, open space, or other
similar category once the land is acquired.
Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being
publicly owned, open to the public and operated as a natural resource conservation area, outdoor recreation
area, or other appropriate descriptive language, and identifying the Project Site as having been purchased with
funds from the FCT and the Recipient.
SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS
Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations
or physical improvements that are not addressed in the FCT approved management plan.
rev. 3/94 1
Physical Improvements: Identify and locate existing and proposed physical improvements to the Project Site
on a master site plan. These might include such things as signs, fences, walkways, recreational .paths,
campgrounds, restrooms, educational space, utility corridors, par'king areas and buildings.
Identify any proposed alteration of land use or character, the approximate area affected and how this activity
will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals
that may be required for the development or restoration work and a procedure for providing evidence to the
FCT prior to the initiation of any activity that all required licenses and permits have been obtained.
Include the placement of at least one sign identifying the Project Site as being open to the public, purchased
with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation
area, or other appropriate descriptive language.
Access: Identify how access to the Project Site will be provided. For example~ are parking places proposed
on-sim, and if so, approximately how many spaces or how much area will be devoted to this use? If parking[
is not proposed on-site, are there existing or proposed spaces adjacent to or sufficiently near the property?
Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing
piers or viewing platforms and the approximate size of the facility.. Consider providing bike paths to the site
and bike racks at the site to provide an alternative to automobile transportation to the Project Site.
Access to Project Sites should be compatible with all state and federal construction standards, including the
Americans with Disabilities Act.
Easements, 'concessions, or leases: Identify existing and proposed easements, concessions, or leases. If
easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangemems
need to be identified. These might include utility fights-of-way, towage or access easements, recreation or
supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, or other
revenue producing enterprises.
Include a procedure to provide 60 days prior written notice and information regarding any lease of any interest,
the operation of any concession, any sale or option, any use other than by a member of the public, and
management contracts of the Project Site with non-governmental persons or organizations.
KEY MANAGEMENT ACTIVITIES
Maintenance: Identify required maintenance activities, including but not limited to, trash removal, site
cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. Identify procedures
to ensure that dumping of trash or hazardous material does not occur on or adjacent to the Project Site. Identi~
contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security
guards, etc.
Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage.
Identify measures to protect the Project Site and the public using the site such as on-site manager, security
guards, neighborhood watch, emergency phones, etc.
Staffing: Identify the expected staffing requirements for management of the Project Site including both
permanent and volunteer staff.
rev. 3/94 2
Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and
p.roposed management techniques associated with protection of those natural resources. Management
techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection
of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities,
protection of geological features, protection of surface water and groundwater quality and hydrology, and
prescribed burns.
Identify monitoring activities to insure the continued viability of vegetative communities and listed species
found on the 16roject Site. The monitoring plan should include periodic surveys of the vegetative communities,
listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey
information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory.
Resource restoration and enhancement: Identify the primary components of the Project Site enhancement
and restoration effort, if any. These might include removal of invasive exotic plant species, removal of feral
animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and
restoration of uplands habitat. This section should include a time frame for implementing and completing thei
activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of
the property that require different degrees or E?pes of enhancement management.
Archaeological and historical resource protection: Identify any archaeological or historical sites on the
Project Site and the primary components of managing the archeological or historical sites. Outline procedures
to protect archeological or historical sites that may be identified in the future.
Incorporate a provision that if any archaeological and historic resources are discovered at the Project Site, the
Recipient shall comply with the provisions of Chapter 267, Florida Statues specifically Sections 267.061 (2)(a)
and (b). Provide for coordination with the Division of Historical Resources, Florida Department of State.
Coordination: Explain how the management of the site will be coordinated with other adjacent land owners
and other resource protection agencies. For example, in the case of prescribed bums, what measures will be
used to minimize impacts on nearby residential properties? Identify measures to protect the Project Site from
adjacent off-site activities that might impact resources on the Proj eot Site such as pesticide spraying on adjacent
property, water treatment facility discharging into creeks flowing through Project Site, etc.
Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary
permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish
Commission and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management
District and Department of Environmental Protection to ensure that development of the Proj eot Site is done in
a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish
Commission on the implementationof a prescribed bum program; other local, state, or federal agencies special
management plans, if appropriate.
COST ESTIMATE AND FUNDING SOURCE
Identify the estimated costs of the various development and management activities outlined in the management
plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the
identified activities.
Identify. the entity that will pay for development and management of the Project Site and some measure of the
commitment or capacity to provide these monies. For example, adequate personnel and resources in the local
phrks and recreation department may exist to address the added burden associated with the Projec~ Site.
Identify any citizen organization or non-profit groups committed to providing services or funding and a
measure of commitment or capacity to provide these services.
PRIORITY SCHEDULE
Identify a proposed time line for implementing the development and management activities of the managemert
plan based on established priorities and the availability of funds. Provide a graphic display of the
implementation time lines.
MONITORING
Identify procedures for assessing progress in achieving goals set forth in the management plan such as thei~
percentage of property restored, inventory of species using the Project Site, etc. Identify procedures for~
periodic amendment to the management plan, when appropriate. Include a provision acknowledging
responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the
Project Plan was approved by FCT.
The Florida Communities Trust 904/922-2207
2740 Centerview Drive SunCom 292-2207
Tallahassee, FL 32399-2100
ray. 3/94 4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'S/1
SUBJECT: AGENDA ITEM ~ ~'~w/'- MEETING OF MARCH 5. 1996
RESOLUTION NO. 19-96/ABANDONMENT OF A PORTION OF AN
ALLEYWAY WITHIN LAS PALMAS SUBDIVISION
DATE: FEBRUARY 29, 1996
This is before the Commission to consider abandoning the eastern
1.5 feet of the 16 ft. wide north/south alley right-of-way which
runs along the western lines of Lots 26 and 27 in Las Palmas
Subdivision. The lots are located at the northwest corner of Palm
Trail and N.E. 4th Street. There is a single family home and guest
cottage on the property. The owners have requested the abandonment
because a portion of the guest cottage and carport encroach into
the alley.
The Planning and Zoning Board considered this item on February 26,
1996, and unanimously voted to recommend approval.
Abandonment of 1.5 feet from a 16 foot right-of-way leaves the City
with a right-of-way of less than minimal width. However, this
alley is not being used and is not needed for access purposes.
I recommend that we enter into a license or use agreement to allow
the encroachment to remain, and direct staff to proceed with
abandonment of the entire alley as rapidly as possible, retaining
only an appropriate utility easement.
ref:agmemo5
RESOLUTION NO. 19-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING
WEST OF AND ADJACENT TO LOTS 26 AND 27, LAS PALMAS
SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of the north/south alley
right-of-way lying west of and adjacent to Lots 26 and 27, Las Palmas
Subdivision, as more particularly described herein; and
WHEREAS, said application has been processed pursuant to
Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this item on February 26, 1996, and recommended approval of the
abandonment, based upon positive findings with respect to LDR Section
2.4.6(0)(5); and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds 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
right-of-way, based upon positive findings pursuant to LDR Section
2.4.6(0)(5).
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:
A parcel of land lying in a portion of Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, said land being a portion of a 16.00 feet
wide alley as shown on the Plat of LAS PALMAS
SUBDIVISION as recorded in Plat Book 10, Page 68, of
the Public Records of Palm Beach County, Florida;
said land being more particularly described as
follows:
BEGINNING at the Southwest corner of Lot 27 of said
LAS PALMS SUBDIVISION; thence run Northerly, along
the West line of Lots 27 and 26 of said LAS PALMS
SUBDIVISION, a distance of 100.00 feet to the
Northwest corner of Lot 26; thence run Westerly along
the Westerly extension of the North line of said Lot
26 for a distance of 1.50 feet to a point; thence run
Southerly along a line 1.50 feet West of and parallel
to the West line of said Lots 26 and 27 for a
distance of 100.00 feet to a point; thence run
Easterly along the Westerly extension of the South
line of said Lot 27 for a distance of 1.50 feet to
the POINT OF BEGINNING.
Containing 150 square feet (0.003) acres, more or
less.
PASSED AND ADOPTED in regular session on this the 5th day of
March, 1996.
ATTEST:
- C~ty Clerk/-
- 2 - Res. No. 19-96
N.E. 5TH ST.
N.E. 4TH ST.
ABANDONMENT OF A PORTION OF AN
ALLEYWAY IN LAS PALMAS SUBDIVISION
m
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR ~ ..-.,~-
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 5, 1996 **CONSENT AGENDA**
LAS PALMAS ALLEY ABANDONMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of the proposed
abandonment of a portion of an alley located within the Las Palmas Subdivision. The
subject alley is located west of Palm Trail between N.E. 4th Street and N.E. 5th
Street.
BACKGROUND:
The subject alley was dedicated with the recordation of the Las Palmas Subdivision in
November, 1924, and has not been improved. The area proposed for abandonment
is the eastern 1.5 feet of the 16' alley (approximately 135 sq. ft.) which runs along the
western lines of Lots 26 and 27. A single family residence and guest cottage are
located on these two lots. The property owners of Lots 26 and 27 have requested the
abandonment, as a portion of the existing guest cottage and carport encroach into the
alley.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of February 26,
1996. The Board unanimously recommended approval on a 7-0 vote.
RECOMMENDED ACTION:
[] By motion, approve the abandonment
Attachments:
Location Map
· Reduced Survey
Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: February 26, 1996
AGENDA ITEM: I)).C.
ITEM: Abandonment of a portion of an alleyway lying within Las Palmas
Subdivion adjacently west to Lots 26 & 27
GENERAL DATA:
OWner ............................. City of Delray Beach
Applicant ......................... Christine & Peter Engelmaier
Location .......................... Utility alley adjacently west of
Lots 26 & 27 in Las Palmas
Subdivion.
Property Size .................. 0.003 acres
Future Land Use Map ..... Low Density Residential
Current Zoning ................ R-l-AA (Single Family
Residential) N.E. 5TH ST.
Adjacent Zoning .... North: R-l-AA
East: R-l-AA
South: R-l-AA
West: R-i-AA
Existing Land Use ...... : .... Unimproved alley right-of-way. >
Proposed Land Use ........ Abandonment of a portion of
an unimproved alley right-of-
way in order to maintain a
guest cottage that encroaches ,_
into the subject alley ~ ~, , ,/
approximately I 1/2 feet.
/
I
Water Service ................. n/a ,
Sewer Service ................. n/a
N.E. 4TH ST.
N
The item before the Board is that of a recommendation to the City Commission for the
proposed abandonment of a portion of an alley located within the Las Palmas
Subdivision. The subject alley is located west of Palm Trail between N.E. 4th Street
and N.E. 5th Street. ----
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Right-of-Ways.
The subject alley was dedicated with the recordation of the Las Palmas Subdivision in
November, 1924, and has not been improved.
The area proposed for abandonment is the eastern 1.5 feet of the 16' alley
(approximately 135 sq. ft) which runs along the western lines of Lots 26 and 27. A
single family residence and guest cottage are located on these two lots. The property
owners of Lots 26 and 27 have requested the abandonment, as a portion of the
existing guest cottage and carport encroach into the alley.
The subject alley is 16 feet in width. Pursuant to LDR Section 2.4.6(O)(1), public
property dedicated through subdivision shall be divided at the center line and returned
equally to abutting parcels when abandoned. However, only the eastern one and a
half feet of the alley is proposed to be abandoned in order to maintain the existing
guest cottage on Lots 26 and 27. Therefore, the one and a half feet will revert to the
owners of Lots 26 and 27. The alley is surrounded by residential development in the
R-l-AA zone district. The Intracoastal Waterway is located further east of the subject
abandonment. The alley is unimproved and has not been used fo.r access to N.E. 4th
Street by any of the abutting property owners.
There is an existing sanitary sewer main within the alley, however, the City's
Department of Environmental Services has indicated there is no objection to the
abandonment, nor will an easement be required to cover this service.
A north/south transmission pole line exists approximately 10' west of the subject guest ' -
cottage and carport. BellSouth service is located on this line. BellSouth has been
contacted and has no objection to the abandonment as long as access to the
transmission line is maintained.
Planning and Zoning Board Staff Report
Las Palmas Alley Abandonment
Page 2
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being
approved, the following findings must be made: ---
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
The alley is unimproved and has not been used for access in the past. The alley has
been utilized for provision of sewer service and other utilities and this can continue as
none of the utility companies or the City's Department of Environmental Services have
an objection to the abandonment, and are not requesting an easement to cover the
services.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The entire alley, between N.E. 4th and NE. 5th Streets, is unimproved. Lots 26 and
27 are accessed off Palm Trail and N.E. 4th Street, and the lots to the north and west
can be accessed from Palm Trail, N.E. 5th Street, or N.E. 8th Avenue. Abandonment
of a portion of the alley will not prevent access to any lots of record.
C) That the abandonment will not result in detriment for the 15rovision of
access and/or of utility services to adjacent properties or the general
area.
No access is taken from the subject alley. No easement is being required to cover the
existing facilities. No detriment will therefore result for the provision of the above
services.
As the subject right-of-way is unimproved and access to N.E. 4th Street and N.E. 5th
Street cannot be gained from this alley, its intended use is limited. By abandoning
the limited area to private interests, the guest cottage will then be located on private
property. The City may want to pursue abandonment of the entire alley at some point
in the future. Pursuant to LDR Section 2.4.6(O)(2)(c), all owners of abutting property
must be party to the consent petition, which would take some time to collect. Such . _
action would not be appropriate with this request as the applicant is requesting such a
small portion of the right-of-way area to be abandoned.
Planning and Zoning Board Staff Report
Las Palmas Alley Abandonment
Page 3'
1. Continue with direction.
2. Recommend approval of the abandonment subject to positive findings with
respect to LDR Section 2.4.6(0)(5).
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(O)(5).
By motion, recommend approval of the abandonment of a one and a half foot portion
of the north/south alley adjacent to Lots 26 and 27 located within Las Palmas
Subdivision.
Attachments
Location Map & Reduced Survey
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 5. 1996
ADOPTION OF PROCEDURES FOR THE REVIEW AND
PROCESSING OF TRAFFIC MODIFICATION MEASURES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of adoption of procedures
for the review and processing of traffic modification measures.
BACKGROUND:
The proposed procedure addresses requests to alter the pattern of traffic in
neighborhoods, including street closures. Such alterations usually involve
physical changes to one or more streets to achieve neighborhood purposes such
as reduction of through traffic, pedestrian safety, and crime control.
A few projects to close streets using landscaped barricades have been approved
in the City. Interest in using traffic control measures to improve neighborhoods is
increasing, as evidenced by several such requests currently in hand by the
Planning Department. In response to increases in the frequency of requests for
traffic pattern modification and the need to provide a repeatable framework for
review, staff has developed this proposed procedure.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of February
6, 1996. The Board recommended unanimously that the City Commission adopt
the procedures as contained in the Planning and Zoning Board Memorandum
Staff Report, with the following change:
That the limits of the area addressed under "INITIATION OF PROCESS"
be clarified.
That change is included in the attachment to this report.
City Commission Documentation
Adoption of Procedures for the Review and Processing of Traffic Modification Measures
Page 2
RECOMMENDED ACTION:
By motion, adopt procedures for the review and processing of traffic modification
measures as recommended by the Planning and Zoning Board.
Attachments: Proposed Procedure
February 26, 1996, P&Z Staff Report
S:\adv\CLOSE10
-- ' MEETING OF: FEBRUARY 26, 1996
AGENDA ITEM: Vl.C. RECOMMENDATION TO THE CITY . COMMISSION
REGARDING ADOPTION OF PROCEDURES FOR THE
REVIEW AND PROCESSING OF TRAFFIC
MODIFICATION MEASURES
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission regarding adoption of procedures for the review and
processing of requests for traffic modification measures (e.g. street
closures).
BACKGROUND:
Altering the pattern of traffic to achieve neighborhood purposes usually involves
physical changes to one or more streets. These purposes may include reduction
in through traffic, reduction in speed, pedestrian safety, and crime control. Street
modification as a tool for traffic control and neighborhood security is relatively
new in Delray Beach. A few projects have either been completed or are in the
process which involves the closure of streets by a landscaped barricade.
Interest in traffic pattern modifications is increasing, however, as evidenced by
several requests currently in receipt by the City. In response to increases in the
frequency of such .requests by neighborhoods groups, staff has developed a
procedure to review requests for traffic pattern modification on local streets.
The proposed procedure is intended to be as open-ended as possible, while still
providing a repeatable framework in which all requests will be given equal
consideration. Highlights include:
· A broad pallet of techniques to address neighborhood problems.
· A method to determine neighborhood support early in the process.
· An application procedure.
_e__~_Assignment of costs to the neighborhood through establishment of an
assessment district.
· A review process including staff, Development Services Management
Group, Planning and Zoning Board, service providers, and the
... applicant.
· Public hearings to include the entire community.
VI.C.
Planning and Zoning Board Staff Report
Recommendation to the City Commission Regarding Adoption of Procedures for the Review and
Processing of Traffic Modification Measures
Page :2
- ' RECOMMENDED ACTION:
By motion, recommend that the City Commission adopt the attached procedures
for the review and processing of requests for traffic modification measures.
S:~adv\CLOSE9
TRAFFIC PATTERN MODIFICATIONS
SCOPE OF WORK
Develop procedures and criteria to process requests to alter the traffic pattern on
existing streets.
BACKGROUND
Altering the pattern of traffic to achieve specific neighborhood purposes involves
physical changes to one or more streets. The usual purpose of a request for
traffic pattern modification is to make it more difficult for some of the through
traffic to enter a neighborhood, thus reducing traffic speeds, increasing
pedestrian safety, reducing crime such as drug trafficking or burglary, and
increasing the perception of safety in the neighborhood. Requests generally
come from neighborhood associations.
Street modification as a tool for traffic control and neighborhood security is a
relatively new phenomenon in Delray Beach. It has been used fairly extensively
in other locations, such as Fort Lauderdale, but only a few modifications have
been completed here, mostly involving the closure of a local street. Interest in
modifying street patterns is, however, increasing in the City and we can expect
more requests in the future.
The City is generally supportive of traffic pattern modifications where it satisfies
neighborhood desires and causes no adverse impacts to traffic flow. At present,
the procedures for handling a request and the criteria are on an ad hoc basis.
We need to establish a reasonable procedure to process requests and a set of
criteria to determine if a modification is appropriate.
TRAFFIC CONTROL METHODS
Physical Control Methods
Active physical controls change the pattern of traffic, restricting the speed,
direction or movement along the street corridor. Examples are depicted in the
attachment and include:
median barriers cul-de-sacs
semi-diverters traffic circles
chokers changes in direction
protected parking diagonal diverters
street closure (barricades) forced turn barriers
one-way streets interrupted sight lines
Passive Control Methods
Passive traffic controls regulate speed and movement without affecting the
pattern of traffic along the street corridor. These methods are part of the City's
normal street operations function and will not be considered as part of this
procedure. Examples include:
traffic signs and lights
speed bumps
speed humps
rumble strips
speed tables
RECOMMENDATIONS
A framework of review is recommended that will establish a repeatable
procedure while allowing maximum flexibility to address each neighborhood as a
unique situation.
DEFINITIONS
Neighborhood Association. A group of residents having membership in an
association representing a specific geographic area. Such associations include
incorporated homeowners associations and unincorporated neighborhood
groups recognized by the City of Delray Beach through its Neighborhood
Association Program.
Local Street. A public street which is intended to serve residential
properties located adjacent to the street.
Traffic Pattern Modification. Any structural or street modification, including
but not limited to barricades, modifications to lane width, and cul-de-sacs,
intended to limit or redirect traffic flow on a local street. The installation of stop
signs, speed humps, traffic signals, or speed limit signs shall not be considered a
street closure.
Neighborhood. A contiguous or nearly contiguous area containing local
streets and including the streets on which the traffic pattern is to be modified,
and where more than 50% of the land is used for residential purposes. The
neighborhood may be smaller or larger than a single neighborhood association.
INITIATION OF PROCESS
The process will be initiated upon receipt of an application from the affected
neighborhood association(s) on the approved application form. The application
must be signed by 55% of the property owners on the street(s) proposed for
traffic pattern modification, within 500 feet, measured along the street, from the
point of the proposed modification. For purposes of determining 55% of the
property owners, the following guidelines shall apply:
An owner of more than one property within a residential neighborhood
shall be listed as one property owner.
If property is owned by a condominium, the property owner shall be the
condominium association and listed as one property owner.
Application
An application submitted by the affected neighborhood association(s) shall
contain the following:
The name of the neighborhood association.
Identification of the boundaries of the neighborhood association.
Identification of the problems experienced by the neighborhood
association which have caused it to propose a traffic pattern modification.
Identification of the local streets proposed to be modified.
Names and addresses of the property owners and identification of the
property location within the neighborhood. Telephone numbers of those
property owners who have executed the application evidencing their
approval of the contents of the application.
Names and addresses of a person or persons who have been authorized
to represent the neighborhood association(s) with respect to the
application.
Fees
The application fee shall be $100.
Costs incurred for the implementation of a street closure shall be levied and
collected as a special assessment against the property owners in the affected
neighborhood in accordance with Section 8.4 of the LDR's (Special
Improvements and Special Assessments).
PROCEDURE
Privately Initiated Modification
After the application has been found complete, Planning & Zoning Department
will distribute the application to the reviewing agencies and departments.
The application will be reviewed by a special review committee. The following
decisions will be recommended by the committee:
1. Whether a traffic pattern modification can be recommended.
2. If a modification cannot be recommended using any available technique,
what are the bases for denial.
3. If a modification can be recommended using specific techniques, what are
the bases for the recommendation(s).
Planning and Zoning Department will present the proposed committee
recommendation with its rationale to the applicant and the Development Services
Management Group (DSMG). At this point, the applicant may appeal the
proposed staff recommendation to the DSMG. DSMG will approve, approve with
modifications, or deny the staff recommendation.
Based on the DSMG direction, staff will develop a preliminary design for the
traffic pattern modification with cost estimate to accompany the staff
recommendation. Such design will be submitted to the applicant for their review
and preliminary acceptance of financial responsibility. The applicant will be
required to provide mailing labels for property owners within 500' of the street
modification who did not execute the application.
The staff report, including the preliminary design and cost estimate, and the
applicants comments and acceptance of financial responsibility, will be reviewed
by the Planning and Zoning Board at a public hearing. Planning and Zoning
Board may approve, deny or return the application to staff for further study with
direction. An approval will be conditioned upon the successful completion of a
six month monitoring period, and establishment, by the City Commission, of a
special assessment district to pay the costs of installing and maintaining the
street closure.
Upon approval, a temporary modification will be installed at City expense for a
six-month monitoring period to determine its effectiveness and allow for
additional public comment related to real-world function. Monitoring will include,
at a minimum, the assessment of traffic volumes and turning movements on
streets within the neighborhood. Additional monitoring factors will be designed to
assess the correction of site specific problems (e.g. crime incidents)
At the end of the six month monitoring period, staff will re-review the traffic
pattern modification. A second public hearing will be held by the Planning and
Zoning Board to consider a permanent installation. The Planning and Zoning
Board may approve or deny a permanent modification. If approved, the
permanent installation will be completed by the City upon formation of the special
assessment district and completion of the final design.
City Sponsored Modification
In the event that a neighborhood association is unable or unwilling to accept the
cost of installation and maintenance of a recommended traffic pattern
modification, staff may recommend the modification as a City sponsored project.
In that case, the project will be submitted to the budget process and installed if
funds are apropriated by the City Commission.
REVIEW PARAMETERS
The following are the general parameters of review:
- Does technical review of application and data verify that a problem
exists?
- Is the problem site-specific or covers an entire neighborhood?
- Is the community in agreement in regard to problem and solution(s)?
- Will traffic pattern modification solve the problem, or is the problem more
complex in nature?
- Does the change benefit only a small number of residents, or is there
community benefit?
- Will application of control(s) shift problem to another area?
Selection of modification technique depends upon the following:
- type of problem existing (speed vs. cut-through traffic vs. crime)
- characteristics of neighborhood
- cost
- neighborhood input
The selected technique will be reviewed for effects on:
traffic volumes traffic speed
traffic composition noise
visual quality accessibility
parking impact on bicyclists
impact on pedestrians
impact on people with disabilities
construction costs maintenance costs
added driving time/fuel costs number of people affected
REVIEW RESPONSIBILITIES
The following outlines the departments and agencies involved in the review an
their scope of involvement:
Planning & Zoning
- coordinate review process
- assess land use impacts
- assess physical form (land use pattern, condition of pavement,
redevelopment plans, street lighting, etc.)
- write staff reports
Environmental Services & Public Works
- water and sewer network impacts
- environmental data (traffic noise, air pollution, parked cars, etc.)
- traffic circulation impacts
- traffic data (accident statistics, traffic volumes, speed, etc.)
- right of way needs
- closure design and cost estimates
Parks and Recreation
- maintenance needs and cost associated with the modification
Police
- provide data on speed violations, accidents and crime rates.
- provide input on neighborhood character
- assess impact of closure on neighborhood safety
- assess impacts of closure on response time and patrols
Fire
- impacts on hydrant locations
- response time impacts
- turning radius on dead ends over 150' long
Community Improvement
- provide input on neighborhood character and needs
- closure design (landscape aspects)
- neighborhood coordination/education
- eligibility of the neighborhood for assistance
The following service providers, where applicable, will comment upon time and
accessibility impacts to their particular service and/or facilities:
Florida Power & Light
Florida Public Utilities
Southern Bell
Cable TV
Post Office
Waste Management, Inc.
Palm Tran
S:\adv\CLOSE6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM ~ ~'~' - MEETING OF MARCH 5. 1996
GARBAGE COLLECTION SURVEY RESULTS
DATE: MARCH 1, 1996
At the February 13th work session, Commission asked that some
type of poll or survey be done to determine the amount of
interest within affected neighborhoods on changing from rear or
side door service tO curbside service. Based on the results, the
bid would be prepared to reflect those areas willing to go
curbside and those wanting rear door service.
The results of the survey are attached for your review. Staff
intends to proceed with the Request For Proposals (RFP) based on
these findings unless the Commission directs otherwise.
ref:agmemol2
Memorandum CITY
DATE: March 1, 1996
TO: Joe Safford, Director, Finance
FROM: Lula C. Butler, Director, Community Improveme~
T~' ' I
RE: Survey Results/Rear Yard Garbage Collection-
CC: David Harden, City Manager
We have completed the sorting of the survey responses as referenced above. Approximately 4,100 survey
letters were mailed to residents on Tuesday, February 20. As of March 1st, 2,123 responses have been
received, representing a 51% return. A yes vote means that the resideat is willing to have curbside
garbage, trash and recycling services with the use of a roll out cart. A no vote means the resident prefers to
maintain rear door garbage collection with eurbside services for trash and recycling. The results of the
survey are as follows:
AREA SURVEYED YES NO
NW Area (Lake Ida Subdivision) 314 130
Beach Side (East of the 182 168
Intercoastal
Tropic Isle Area 183 51
NE Neighborhood (Swinton Ave, 285 169
East to Intercoastal, North)
SW Area (Woodlake) 83 76
Lakeview Neighborhood 59 28
Sherwood Park 43 48
Chatelaine Neighborhood 55 18
Southeast Area 33 22
Spanish Wells Neighborhood 38 41
Returns with no address 36 61
We will update the results as additional responses are received.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ (~
SUBJECT: AGENDA ITEM ~ ~'~''- MEETING OF MARCH 5. 1996
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD
DATE: FEBRUARY 28, 1996
James "Buck" Miller has submitted his resignation from the Historic
Preservation Board, creating a vacancy for a member to fill his
unexpired term ending August 31, 1996.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
Candidates should have knowledge, experience, judgment and
background, and/or personal or professional interest or experience,
in historic restoration and preservation. They will have the
ability and desire to act in the public interest and represent,
insofar as possible, the various personal and professional
interests required to make informed and equitable decisions
concerning the preservation, conservation and protection of
historic districts and structures.
Applications have been received from the following:
Bonnie Ansbacher
Ronald Brito (currently serving on Board of
Construction Appeals)
David I. Cohen
Frank Comisso
Anthony Damiano
Betty Diggans
Joe Farkas
John L. Frysinger
Louis G. Glesmann III
Susan H. Hurlburt
Gail-Lee McDermott
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Mayor Lynch (Seat #5).
Recommend appointment of a member to the Historic Preservation
Board to fill an unexpired term ending August 31, 1996.
ref: agmemo 1 /O37~O/~Z) ~o ~//~/~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~/
SUBJECT: AGENDA ITEM ~ /0'~' - MEETING OF MARCH 5. 1996
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 8-96
MODIFYING THE COMMUNITY REDEVELOPMENT PLAN
DATE: FEBRUARY 28, 1996
This is second reading and public hearing for Ordinance No. 8-96
modifying the Community Redevelopment Plan to accommodate changes
to Project #2.4, "Downtown Mixed Use Redevelopment Project", and
to establish a "Grant Administration Program" The basis for
these changes is outlined in the attached staff documentation and
correspondence from the CRA.
The Planning and Zoning Board considered the modifications at its
meeting of January 22, 1996, and voted unanimously to recommend
approval. At first reading on February 20th, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 8-96 on second and final
reading.
ref:agmemo8
ORDINANCE NO. 8-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
FINDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH
THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTION
163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and
WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
further ratified and amended on September 25, 1990, by Resolution No.
86-90; and as further ratified and amended on April 9, 1991, by
Resolution No. 28-91; and as further ratified and amended on November
26, 1991, by Resolution No. 93-91; and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92; and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92; and as further
ratified and amended on February 22, 1994, by Ordinance No. 5-94; and
as further ratified and amended on September 5, 1995, by Ordinance No.
48-95; and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the "CRA", has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to
account for certain changes which have occurred since the last
amendment of the Plan, to account for modification or completion of
project components, and to provide for the addition of a new program
to the Plan; and
WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach, Florida, that the
Community Redevelopment Plan be modified, amended and ratified in the
form attached hereto as Exhibit "A"; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications conform to the Community
Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications are consistent with the City of
Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications meet the applicable requirements
of Section 163.360(6)(7), Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on
said modifications to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section .. 1, That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
ordinance is based.
~ That the Community Redevelopment Plan for the
City of Delray Beach be, and the same is hereby modified, amended and
ratified in the form attached hereto as Exhibit "A" and made a part
hereof.
Section ~. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 8-96
Section 4. That if any section, subsection, paragraph,
sentence or word or other provision of this ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any
other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and shall not affect
the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of March 1996.
ATTEST:
dity dle~k
First Reading February 20, 1996
Second Reading March 5, 1996
- 3 - Ord. No. 8-96
Exhibit "A" to Ordinance No. 8-96
Page 1 of 7
# 2.4: "Downtown Mixed Use Redevelopment Project"
Background
Since its creation, the Community Redevelopment Agency has cansistently made efforts to attract
new businesses into Downtown Delray Beach. The economic importance cf the Downtown and the need
for major attractions and nighttime activity generators was well recognized in the 1986 Community
Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive
commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that end.
Blocks 77,78 and 85, located south of Atlantic Avenue, are situated between the F.E.C. Railroad
tracks and S.E. 1st Avenue. The CRA began to plan acquisition of fl"~ee-btoek-e ~.0[. bl~k~77.&_85, in
1991 for the purpose of locating a major cinema operator and mixed retail uses in the downtown area. This
location was chosen because all the property Undg~ii~'nsid. ei;ati0ni',iwas divided among only four owners on
Block 77 and two owners on Block 85 (one of which is the City of Delray Beach), Additionally, large
portions of the two blocks were undeveloped and the major property holding on Block 85 was in foreclosure.
The situation changed in 1993 when a new 10-plax cinema was constructed at the Delray Mall, causing
interest in a downtown cinema to fade, The CRA reevaluated the project and decided to proceed with
property acquisition under the assumption that it could assemble the property and attract a developer
interested in constructing a mixed-use project at the location.
The CRA acquired the major parcel on Block 85, fronting Atlantic Avenue in December 1993 and
additional vacant property in the rear in 1994. In early 1995, the CRA amended its strategy since developer
interest in a large scale mixed-use project had not yet materialized. As part of this new strategy, the CRA
~ ~![Cj_te~_~RFP's and offer ~.iits euff-e~ property holdings on Block 85 for sale or
,, ,o antlc[p~t~, "--'.,o, Redevelopment of these holdings along with
redevelopment of the nearby Ocean City Lumber property ~ ~]~~deveioper interest in
a larger scale mixed-use pro ect in this location. ,'Th,,,....,'"~.-. ^ --':".,,,
Project ,Objectives
o Assemble a Site. largee~0'Ugh 'for a la[ge
o Provide economic stimulation and investment in the CBD.
o Improve marketability '~6d demand of the retail core.
o Increase nighttime activity in the downtown
o Provide housing opportunities in the downtown area
o Eliminate slum and blighted conditions
· ~: Provide more parking in the downtOwn area
.:~ Creation of jobs
Exhibit "A" to Ordinance No. 8-96
Page 2 of 7
p r oj_e_c_t._D_ e_s_C _r ip t i o n
~ Development of a mixed-use redevelopment project.
.~ Project to be located within the Central Business District within Blocks #77, 78 & 85.
o Phase One of the project may include, but is not limited to, land acquisitions (refer to Appendix "D"
for Land Acquisition Map), constructlon of,~,~,,,.,,, ~-' ':"~: .... ,~ ,~, ,,.," site improvements, the solicitation of RFP's
from potential buyers or tenants and sale or lease of some or all CRA property holdings on Block
85.
o Phase Two may include but not be limited to the solicitation of RFP's from private developers,
selection of project developers, design of the project, project economic feasibility studies,
advertisement for disposition of any additional property to be acquired by the CRA for the
implementation and construction of the project.
o Phase Three would include but not be limited to the implementation of project development including
any remaining property acquisitions and disposition of property required for the project participation
and the construction of the project and other matters.
o Phase Four may include the construction or expansion of structures, the providing of additional
structure or surface parking, as well as additional infrastructure as required.
o To attract major buyers, tenants and developers, the CRA may offer incentives (e.g. provision of
parking and off-site infrastructure, financing packages, rent subsidies, sale or lease of land below
market value
Project Participants and Administration
o The project will be administered and coordinated by the CRA
o Other participants may include, but are not limited to, the City of Delray Beach, DDA, the Chamber
of Commerce, the 'Council of 100, Parking Management Team, Major Tenant(s) or Purchasers, and
the Project Developer.
Funding Sources
o The CRA and others, as appropriate, shall provide the funding for Phases One and Two of the
project.
o Funding sources for Phases Three and Four shall be provided by the developer selected for the
project, the City of Delray Beach, CRA, DDA, and others as appropriate.
Project Schedule
o The CRA acquired some of the block 85 properties in FY 1993/1994
property holdings on Block 85 in FY 1994/1
o Phase Two will commence F:Y4994,~tg95
o Phase Three shall commence on the completion of Phase Two and the determination of feasibility
for proceeding.
o The schedule for Phase Four will be determined upon the completion of Phase Three.
o The Phases set forth above are illustrative only and may be combined with one another as the
circumstances dictate.
Exhibit "A" to Ordinance No. 8-96 Page 3 of 7
Property Acquisition Map
Downtown Mixed-Use Redevelopment
/
East Atlantic/lvenue
/
a. 12-43-46-16-01-077-0010 Lots 1, 2, 3, 8 & 9, Block 77, Town of Delray
B. 12-43-46-16-01-077-0040 Lots 4 to 6 & Lots 7 & 13 (Less N. 16 Ft. Road R/W), Block 77, Town of Delray
C. 12-43-46-16-01-085-0060 S. 79.3 Ft. of Lot 1, Block 85, Town of Defray
~0i.~0'~:~0!007~::.~ :i0.:& N:'$0:5 'EL0f Lot 11i:'B!0Ck 7~,:TqWn 0f Delray
~::~i~:~[2~:~0!'-'077'01 Of ~t 1ii& LOt 12;'!S!OCk 77, TpWn :of Delray
!:~0!~077-~0! S2 .::.S. 9.5 Et.:qf LOt ;15 & Lot !6, Block:77;'T0wn ~f Delray
G: i :~>:..~2:~.3~1'~0t~0770~701 ' :~ L6t !17~'~k. 77, Town of Defray
'H~!"~;~2~.~'t6J01~077.0180 :.::'iE~ iS,'Block177, TOwn of Delray
~01~078~10 ~..Lotili"B~ 78. T°Wn of Defray
J. :.: :' ;:::t2~-1~01-076-0090 ;N~'69.5 Ft, of Lot 9, Block 78, Town of Delray
Exhibit "A" to Ordinance No. 8-96
Page 4 of 7
# 3.7: "Grant Administration Program"
Backoround
To facilitate additional investment within the Community Redevelopment area, the CRA will administer
grants which complement the redevelopment efforts of the CRA and the goals of the Community Redevelopment
Plan. It is anticipated that this additional investment within the CRA distdct will result in increased opportunities
for residents and have positive impacts on employment, housing, the tax base, and the physical environment,
all of which are positive steps toward the elimination of slum and blighted conditions.
ProQram Oblecflves
o Provide economic stimulation to the area
o Increase business opportunities
o Increase employment opportunities
o Increase housing opportunities
o Prevent the spread of slum and blighted conditions
Proaram Descriotion
o The CRA may apply for, accept, and administer grants from Federal, State and local governmental
entities, charitable foundations and entities, and such other organizations as may offer grant funds for
the planning and carrying out of redevelopment efforts in pursuit of the purposes of the Community
Redevelopment Plan.
Pro~lram Participants and Administration
o The program will be administered and coordinated by the CRA
o Other participants include, but are not limited to, Federal, State and local governmental entities,
charitable foundations and entities, and such other organizations as may offer grant funds, and
organizations, businesses or individuals who may participate in the program to receive such grant
funds.
Funding Sources
o Federal, State and local governmental entities, charitable foundations and entities, and such other
organizations as may offer grant funds
Prooram Schedule
o The Program is to be implemented in FY 199511996.
4.35a
Exhibit "A" to Ordinance No. 8-96
Page 5 of 7
VII. Revenue Projections
Table 4-2 provides a five-year projection of revenues available for CRA redevelopment programs.
The primary funding source for CRA activities is the Redevelopment Trust Fund. This Fund is the
depository for al~ TIF revenues generated within the Community Redevelopment Area. Based on estimates
of the current property valuations, and assuming the historic annual increase of 2 percent in these
valuations, together with new construction, it is estimated that the total tax increment revenue generated
by the redevelopment area will be approximately $ 4.5 million over the next five year period. This estimate
is believed to be conservative since it does not include revenues generated by the redevelopment projects
described in this plan. These projects will increase the total tax increment as they are completed and
entered on the tax rolls.
Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the
surrounding community. Starting with just a few projects, the CRA has increased its activities to include
over two dozen projects and programs. It must be noted; however, that this increased commitment is not
without costs. Consequently, the CRA's overall program has outgrown the limited funding provided by TIF
revenues. To continue its redevelopment effort and provide adequate funding for its various projects and
programs, the agency must now turn to long-term borrowing. Since property values will inevitably increase
as a result of its activities, this method of financing the CRA redevelopment effort can also be looked upon
as an investment in future TIF revenue.
]996/1997 1997/1998 ;~:;
Projected Assessment $318,500,786 $325,061,902 $331,758,178 $338,592,396 $345,567,399
Base Year Assessment $245,631,067 $245,631,067 $245,631,067 $245,631,067 $245,631,067
Tax Increment $72,869,719 $79,430,635 $86,127,111 $92,961,329 $99,936,332
Ad Valorem Tax $814,181 $887,489 $962,307 $1,038,666 $1,116,599
REVENUES
Tax Increment Revenues $773,471 $843,114 $914,192 $986,733 $1,060,769
Interest Income $89,718 $29,458 $25,623 $28,712 $17,208
, Ne! Property Lease Revenues $24,878 $6,283 $12,034 $10,551 $8,867
Project Revenue $3,406,649 $1,048,953 $643,064 $458,704 $622,121
From Project Reserve $803,512 $124,733 $0 $264,169 $129,578
TOTAER~",UES , $S'078'~ i i,~1~2;052'541 i $t~,543
EXPENDITURES
General/Administrative $361,792 $361,521 $375,580 $390,854 $406,877
Debt Service: Bond Borrowing $310,388 $329,678 $,347,540 $363,975 $353,983
Debt Service: Other $120,355 $24-0,711 $240,711 $240,711 $240,711
Project Expenses $4,185,693 $1,070,631 $579,918 $703,329 $1,036,972
To Operating Reserve - Bonds $100,000 $50,000 $50,000 $50,000 ($200,000)
To Project Reserve SCl $0 $1,164 $0 $0
ToTA~ ~ENDITURES, ~1,838,543
Table 4-2: 5-Year Revenue & Expense Projections
4.41
Exhibit "A" to Ordinance No. 8-96
Page 6 of 7
VIII. Five-Year Redevelopment Program and Funding Allocations
This section of the Community Redevelopment Plan provides a five-year funding program for the
Planning, Redevelopment and Community Improvement programs & projects which are identified within the
Plan. This five-year program is intended to serve as a guide for project implementation and to assist in
cash flow management. It is not intended to replace the annual budget adopted by the CRA.
Table 4-3 lists estimated project-specific net funding allocations for each CRA project. This table
is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual
project allocations will be determined annually through the budget process. As priorities change, projects
are deleted or new projects or programs are created, this table will be amended. It is intended that this
process occur at least once annually, after adoption of the budget.
PROJECT REVENUES
2.1 Peach Umbrella Plaza I $40,000 $4.33,500 $25,000 $0 $0
2.2 Affordable Housing program $90,002 $62,206 $62,817 $63,457 $64,130
2.4 Downtown Mixed Use Redev. Project $2,675,250 $150,500 $150,500 $150,500 $150,500
2.6 S. County Courthouse Expansion 0 $0 $200,000 $0 $0 $200,000
2.8 Bankers Row $3,210 $3,210 $3,210 $3,210 $3,210
2.15 Block ~ - Historic Hames $68,187 $49,537, $209,537 $49,537 $12,281
Block ~ - Parking $0 $0 $42,000 $42,000 $42,000
2.17 Peach Umbrella Plaza II $380,000 $0 $0 $6 $0
3.1 CRA Subsidized Loan Program $50,000 $50,000 $50,000 $60,000 $50,000
3.7 Grant Administration Program $100,000 $100,000 $100,000 $100,000 $100,000
TOTAL PROJECT REVENUES $3,4O6,649 $1,048,953 $643,064 $458,704 $622,121
PROJECT EXPENSES
PLANNING
1.2 W. AtlanUc Ave. Redev. Plan $59,721 $0 $0 $0 $0
1.3 CBD Development Plan
1,5 Del Ida Park Neigh. Improvement Plan $5,000 $3,000 $3,000 $3,000 $3,000
1,6 Osceola Park Redev. & Neigh. Improv,
1.4 Master Parking Program $0 $0 $0 $0 $0
REDEVELOPMENT
2,1 Pea'ch Umbrella Plaza I $169,000 $534,000 $0 $0 $0
2.2 Affordable Housing Program $148,375 $151,544 $154,831 $158,242 $161,885
2.3 Downtown Ancho~ wtlh Parking $10,000 $6 $0 $0 $0
' 2,4 Downtown Mixed Use Redev. Project $2,530,010 $0 $6 $0 $0
2.5 Blocks 76 - Redevelopmant $0 $0 , $0 $0 $0
Block 76 - Parking $275,000 $0 $50,000 $6 $0
2.6 S. County Courlhouse Expansion $0 $0 $0 $0 $500,000
S. County Courthouse - Prop. Ranov. $45,000 $0
2,9 Pineapple Grove Main Street $10,000 $10,000 $0 $0 $0
2.10 Municipal Tennis Center Rehab. $49,537 $49,537 $49,537 $49,537 $49,537
2.11 N, Federal Hwy, Improvement Program $5,000 $6,000 $5,000 $5,000 $5,000
2.12 Old School Square $0 $0 $0 $0 $0
2,13 Mounl Oflve Redevelopment $6 $0 $0 $6 $0
2.14 Downlown Core Improvement Program $,50,000 $60,000 $60,000 $60,000 $30,000
2.15 Block #60 - Historic Homes $28,000 $6 $0 $0 $0
Block ~ - Parking $155,500 $0 $0 $170,000 $0
2.16 Block #61 Redeveiopment $0 $0 $0 $0 $0
2.17 Peach Umbrella Plaza II $380,000 $0 $0 $0 $0
2.18 8th Street (Tenneco Site) $0 $0 $0 $0 $0
COMMUNITY IMPROVEMENT
3.1 CRA Subsidized Loan Program $100,000 $100,000 $100,000 $100,000 $100,000
3.2 .... Site Deveiopmant Assistance $10,000 $10,000 $10,000 $10,000 $10,000
,, 3.3 Community Activities Sponsorship $10,050 $10,050 $10,050 $10,050 $10,050
4.42
Exhibit "A" to Ordinance No. 8-96
Page 7 of 7
3.4 De;~ay Beach Trolley System $10,000 $10,000 $10,000 $10,000 $10,000
3.5 Business D~,.~opme~t Program $10,000 $10,000 $10,000 $10,000 $10,000
3.6 HL~;u,;C Facade F_~__,3erfl_ e~tt PrO,r=,, $25,000 $25,000 $25,000 $25,000 $25,000
3.7 Grant A~,-,~,;i~t,a~o~ ~,o~,~, $100,000 $100,000 $100,000 $100,000 $100,000
MISC. PROJECT EXPENSES $500 $500 $500 $500 $500
:~ii i¥OTAL ~OJECT EXPENSES ~ i85 ~ Sl ~:$579~9~ S ; $ii036,972
4-3: Five Yeer Redevelopment Progrem & Funding AIIoc~tione
Notes: (1) Project revenue figures include reimbursements to CRA from land sales and from ether project participants where
applicable.
(2) All projects shown in this table are subject to evailability of funding
4.43
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING ~ ZONING
FROM: '~JEFF.,PE, RKINS, SENIOR PLANNER
SUBJECT: MEETING OF FEBRUARY 20, 1996
AMENDMENT TO THE COMMUNITY REDEVELOPMENT AGENCY PLAN
TO ACCOMMODATE CHANGES TO PROJECT # 2.4 "DOWNTOWN MIXED
U~;E REDEVELOPMENT PROJECT" AND ESTABLISH THE "GRANT
ADMINISTRATION PROGRAM"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is approval on first reading of proposed
amendments to the Community Redevelopment Agency Plan.
BACKGROUND:
The adopted CRA Plan calls for a "Downtown Mixed Use Project" for Blocks 77 and 85 (the
area bounded by E. Atlantic Avenue, SE 1st Avenue, SE 1st Street, and the F.E.C. Railroad
tracks). The first phase of the project is the Block 85 (Grove Square) project, which is
currently under construction. The CRA is now proceeding with the second phase of the
project, the redevelopment of Block 77 and a portion of Block 78 (located on the south side
of SE 1st Street). At its meeting of December 13, 1995, the CRA Board authorized a
Request for Proposals (RFP) to solicit interested developers. The RFP calls for proposals
for redevelopment of the subject properties to accommodate a "major generator of
economic development." The proposed amendment updates the CRA Plan to reflect the
current status of the Block 85 project and a change in priorities for Block 77 (i.e., large scale
economic generator rather than mixed-use development). In addition to that amendment,
the CRA proposes to establish a "Grant Administration Program" to assist area business
and/or property owners in obtaining grant assistance from Federal, State, or local
governments. The amendment also updates Appendix D "Property Acquisition Maps,"
Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year
Redevelopment Program & Expense Projections" to accommodate the Block 77 project and
the Grant Administration Program.
City Commission Documentation
Amendments to the Community Redevelopment Plan
Meeting of February 20, 1996
Page 2
The attached P&Z Memorandum Staff Report and the associated back-up materials give a
more complete description of the proposed amendments.
REVIEW BY OTHERS:
Planning And Zoning Board:
The Planning and Zoning Board considered this item at its meeting of January 22, 1996.
After a brief discussion, the Board voted unanimously (7-0) to recommend approval of the
amendments.
RECOMMENDED ACTION:
By motion:
Approve, on First Reading, the proposed amendments to the Community Redevelopment
Plan.
Attachments:
E! Planning and Zoning Board Memorandum Staff Report
El Letter from Chris Brown to David Harden dated December 18, 1995
El Letter from Chris Brown to David Harden dated January 12, 1995
El Proposed Amendments
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: JANUARY 22, 1996
AGENDA ITEM VI.A.: AMENDMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY PLAN TO ACCOMMODATE CHANGES TO PROJECT #
2.4 "DOWNTOWN MIXED USE REDEVELOPMENT PROJECT"
AND ESTABLISH THE "GRANT ADMINISTRATION PROGRAM"
ITEM BEFORE THE BOARD:
The item before the Board is review and comment regarding a proposed amendment
to the Community Redevelopment Agency Plan.
Pursuant to F.S. 163.360(3), proposed amendments to the CRA Plan must be
presented to the Planning and Zoning Board for review and comment regarding its
consistency with the adopted Comprehensive Plan of the City prior to action by the
City Commission.
BACKGROUND:
The adopted CRA Plan calls for a "Downtown Mixed Use Project" for Blocks 77 and 85 (the
area bounded by E. Atlantic Avenue, SE 1st Avenue, SE 1st Street, and the F.E.C. Railroad
tracks). The project consists of a large scale mixed use development that would increase
nighttime activities and business opportunities in the downtown area, eliminate blighted
structures and properties, and increase housing opportunities in the downtown. The first
phase of the project was the purchase of the Block 85 (Ken and Hazel's Block) property
and sale to a developer for a mixed use project. That property is currently under
construction.
At its meeting of December 13, 1995, the CRA Board authorized a Request for Proposals
(RFP) for the redevelopment of Block 77 and a portion of Block 78 (located on the south
side of SE 1st Street). The RFP calls for developer proposals for redevelopment of the
subject properties to accommodate a "major generator of economic development." At its
meeting of January 11, 1996, the CRA Board authorized the establishment of a "Grant
Administration Program" to assist area business and/or property owners in obtaining grant
assistance from Federal, State, or local governments.
PROPOSED AMENDMENTS:
The proposed amendment modifies the CRA Plan to update it with respect to the current
status of the Block 85 project and to accommodate the change in the focus of
redevelopment priorities for Block 77 (i.e., large scale economic generator rather than
mixed-use development). The amendment also updates Appendix D, "Property Acquisition
P&Z Memorandum Staff Report
Amendments to the Community Redevelopment Plan
Meeting of January 22~ 1996
Page 2
Maps," Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year
Redevelopment Program & Expense Projections" to accommodate the Block 77 project.
In addition to that amendment, the CRA proposes to establish a "Grant Administration
Program," which will Changes to Table 4-2 "5-year Revenue & Expense Projections," and
Table 4-3 "Five-year Redevelopment Program & Expense Projections" to accommodate the
program are also included.
COMPREHENSIVE PLAN ANALYSIS:
Objective C-4 of the Future Land Use Element concerns the future development of the
Central Business District (CBD). The Objective calls for development in the CBD according
to the "Village Center" Scenario, which identifies the following elements as major
components:
I;I Infill development;
El Encouragement of first floor retail uses, especially along Atlantic Avenue;
I~ Increased non-residential development;
~ New residential development;
1~ Increased employment base; and
El Increased parking opportunities, including tiered parking.
The proposed amendment calls for development of Block 77 with a "major generator of
economic development." That language implies a use which will generate employment in
the CBD, as called for by the Future Land Use Element. The policy also retains references
to creation of new housing and increased parking opportunities in Block 77. The associated
RFP supports the policy by calling for the inclusion of currently vacant and under-utilized
properties, first floor retail uses with upper story office and/or residential uses, and
opportunities for tiered parking. Based on the above, the Board can make positive findings
that the proposed amendments are consistent with the City's adopted Comprehensive Plan.
RECOMMENDED ACTION:
Recommend to the City Commission approval of the proposed amendment to the
Community Redevelopment Plan.
Report prepared by:Jeff Perkins. Senior Planner Date 1/16/96
Attachments:
Letter from Chris Brown to David Harden Dated December 18, 1995
Letter from Chris Brown to David Harden Dated January 12, 1995
Proposed Amendments
Community
Redevelopment
· Agency
Delray Beach
December 18, 1995
David T. Harden, City Manager R ~ C; .tr. \.i ~ ~'
City of Delray Beach D[C Z {J 1995
100 N.W. 1 st Avenue
Delray Beach, Florida 33444 CIIY Mtn, ....... ,,~ Icl-.
RE: Redevelopment Plan Amendment
Dear Dave:
At its regular meeting on December 1995, the CRA Board approved an amendment to the CRA
Plan for Project # 2. 4: "Downtown Mixed Use Redevelopment Project", which is found on page
4.13 of the plan. In order to maintain consistency with the rest of the plan, the following additional
changes were also necessary:
Additional acquisitions were added to the "Property Acquisition Map" found in
Appendix "D"
"Table 4-2: 5-Year Revenue & Expense Projections", found on page 4.41, was
updated.
"Table 4-3: Five-Year Redevelopment Program & Funding Allocations", found on
page 4.42, was updated. Please note that the format of this table has been changed
to reflect both project related revenues and expenditures instead of net figures. This
change was made in order to make the table easier to understand and to maintain
consistency with our 5-year budget format.
Pursuant to the CRA's adopted procedures for amendment of its Redevelopment Plan, the proposed
amendment should be reviewed by the LPA (P&Z Board) and determined not to be inconsistent with
the City's Comprehensive Plan. The Plan is then forwarded to the City Commission with
recommendations. Please initiate the process for adoption by the City Commission. I have included
12 copie~sb-)that you have enough for both the P & Z board and the City Commission, along with
Christopher J. Brown
Executive Director
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
Community
Redevelopment 1 2 1996
· Agency
Delray Beach
January 12, 1996
David T. Harde~ Ci~ Manager
Ci~ of Delray Beach
100 N.W. 1st Avenue
Delray Beac~ Florida 33444
~: Redevelopment Plan ~en~ent
Dear Dave:
At its re,far meeting on Janua~ 11, 1996, the C~ Board approved an amen~ent to the C~
Plan for a new pro,am entitled "Grant Adminis~ation Prowam", which ~11 be included in our
plan on page 4.35a. We are cu~ently puRing together ~ application for a Development Regions
Grant Fund and t~s change is necess~ before we can except the ~ant. In order to maintain
consistency ~th the rest of the plan, ~e follo~ng additional changes were also necessa~:
"Table 4-2: 5-Ye~ Revenue & Ex~nse Proj~tions", found on page 4.41, was
u~ated.
"Table 4-3: Five-Year Redevelopment Pro,am & F~ding Alloca6ons", found on
page 4.42, was up&ted.
P~s~nt to the C~'s Mo~ed pr~ed~es for ~en~em of its Redevelopment Plan, the pro~sed
~en~ent should ~ ~ewed by the LPA (P&Z Bo~d) ~d dete~ined not to ~ inconsistent ~th
the Ci~'s Comprehensive Plan. The Plan is then fo~ded to the Ci~ Commission Mth
re~en&tiom. Ple~e i~tiate ~e press for adoption by the Ci~ Commission. I have already
~nt a copy to Diane Domin~ez so that ~is can be included ~th our c~ent plan amendment to
~ renewed by P & Z next week.
~~?Yo~s,
C~istopher~
Executive Director
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM ~ /~)' ~'- MEETING OF MARCH 5. 1996
~ECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 11-96
(MODIFYING WATERFORD/DELINT SAD)
DATE: MARCH 1, 1996
On February 6th, the City Commission took several actions with
respect to a proposed change for the Waterford Place/Delint
Development of Regional Impact (DRI) and Special Activities
District (SAD). The modification involves replacing 322,413
square feet of office/research and development use with a 300 unit
apartment complex and a 78 room residence/business hotel. It
affects a 35 acre portion of the overall 87 acre Waterford
development. The actions taken were a determination that the
change did not constitute a substantial deviation requiring
further review, transmittal of associated Future Land Use Map
amendments and Development Order (DO) changes to the Department of
Community Affairs (DCA) for review, and approval on first reading
of Ordinance No. 11-96 modifying the approved SAD.
It was anticipated that second reading of the SAD ordinance would
occur sometime in April, after DCA responsed to the FLUM
amendments and development order changes. However, the applicant
has requested that the ordinance modifying the SAD be considered
as soon as possible in order to help secure financing. While the
Commission may approve the ordinance, it will not be effective
until the FLUM amendments and Development Order are approved.
The Planning and Zoning Board considered this matter at public
hearing on January 22, 1996, and voted 5 to 1 to recommend
approval.
Recommend approval of Ordinance No. 11-96 on second and final
reading. The ordinance will not become effective until the
associated Future Land Use Map amendments and Development Order
are approved, and the enacting land use ordinance (#10-96) takes
effect.
ref: agmemo9
ORDINANCE NO. 11-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84,
AS AMENDED BY ORDINANCE NOS. 96-87, 68-89 AND 64-92,
WHICH COMPRISE THE SAD (SPECIAL ACTIVITIES DISTRICT)
ZONING ORDINANCE FOR THE WATERFORD PLACE/DELINT
DEVELOPMENT OF REGIONAL IMPACT, LOCATED ON THE SOUTH
SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND
LINDELL BOULEVARD, BY MODIFYING THE ALLOWABLE USES OF
LAND; APPROVING A REVISED MASTER DEVELOPMENT PLAN;
ESTABLISHING CONDITIONS OF APPROVAL FOR FURTHER
DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on October 9, 1984, the City Commission of the City
of Delray Beach, Florida, passed and adopted Ordinance No. 79-84 which
established the Special Activities District (SAD) zoning district on
the Waterford Place/Delint property to allow for development of hotel,
office, and multi-family uses on said property; and
WHEREAS, on May 28, 1985, the City Commission adopted
Resolution No. 49-85 approving the Development of Regional Impact
(DRI) Application for the subject property, constituting the DRI
Development Order (DRI-DO) and further setting forth conditions on the
development of said property; and
WHEREAS, on December 22, 1987, the City Commission adopted
Ordinance No. 96-87 which amended Ordinance No. 79-84 by deferring
construction of certain road improvements, amending the measurement of
project phasing from a square footage basis to a traffic generation
basis, and approved the site plan on the residential portion of the
project (Waterford Village); and
WHEREAS, on November 16, 1989, the City Commission adopted
Ordinance No. 68-89 which amended Ordinance No. 79-84 to replace the
site specific development plan for the property with a conceptual
development plan; and
WHEREAS, on December 16, 1992, the City Commission adopted
Ordinance No. 64-92 which further amended Ordinance No. 79-84 by
replacing a 250 room hotel and 489,587 sq.ft, of office space for
136,000 sq.ft, of commercial/retail (Builders Square); and
WHEREAS, the current owners of the property have sought a
modification to the development to replace the proposed
office/research and development use with the addition of 300
multi-family rental units and a 78 room residence/business hotel; and
WHEREAS, on January 22, 1996, the Planning and Zoning Board
for the City of Delray Beach, as Local Planning Agency, considered
this matter at public hearing and voted 5 to 1 to recommend that the
SAD Zoning Ordinance be amended, based upon positive findings; and
WHEREAS, the City Commission on February 6, 1996, determined
that such proposed modification would not constitute a substantial
deviation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$~ctiQn 1. That Ordinance No. 79-84, as amended by
Ordinances Nos. 96-87, 68-89 and 64-92, comprising the SAD Zoning
Ordinance for the Waterford Place/Delint Development of Regional
Impact (DRI), be and the same are hereby amended to incorporate the
following components:
(1) Addition of multi-family use (an additional 300
units) and ancillary recreational facilities as
an allowed use;
(2) Addition of a 78 room residence/business hotel
with ancillary recreation, meeting room,
exercise room and hearth room as an allowed use;
(3) Deletion of office, research and development
use;
(4) Modification of the Master Development Plan to
accommodate:
(a) Deletion of 322,413 sq.ft, of office space;
(b) Addition of 300 upscale rental units and
associated recreation amenities;
(c) Addition of a 78 room residence/business
hotel and associated recreation amenities.
Section 2. That a Certificate of Occupancy shall be issued
for the hotel prior to issuance of a final Certificate of Occupancy
for the apartment complex.
- 2 - Ord. No. 11-96
~ That development shall be consistent with the
Master Development Plan and that a full site plan application be
submitted and reviewed by the Site Plan Review and Appearance Board
which includes addressing the following items:
(1) The handicap accessibility be provided in
compliance with ADA requirements;
(2) That the issues with regard to parking (i.e.
parking reduction, tandem parking, and back-out
parking) be addressed with the full site plan
submittal for the apartment complex;
(3) That additional pedestrian ways shall be
required on each side of the spine road, between
the cul-de-sacs (northeast corner), around the
lake and to the recreation parcels;
(4) That tot lot locations as well as the type of
playground equipment must be provided on the
plans.
Section 4. That any future modifications to the site plan
which are not substantial and which do not deal with intensity or type
of uses shall be reviewed by the Site Plan Review and Appearance Board
and processed as site plan modifications.
SectiQn 5. That the development of the apartment complex
and residence/business hotel site shall be in accordance with and
expressly subject to any and all conditions of the DRI Development
Order for Waterford Place/Delint, as modified to incorporate the
changes hereinabove described and conditions of approval relating to
the change.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon the effective date of Ordinance No. 10-96.
- 3 - Ord. No. 11-96
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of March, 1996.
ATTEST:
~ city C~rk '
First Reading February 6, 1996
Second Reading March 5, 1996
- 4 - Ord. No. 11-96
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;'~""~.'~,';' · ; " CON~P~ ~T~ ~LOP~T
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: OR
G AND ZONING
FROM: /,,E~EY A. COSTELLO
/$E'NfOR PLANNER
SUBJECT: MEETING OF MARCH 5, 1996
SECOND READING OF AN ORDINANCE MODIFYING
THE APPROVED WATERFORD/DELINT SAD (SPECIAL
ACTIVITIES DISTRICT) TO REPLACE 322.413 SQUARE
FEET OF OFFICE SPACE WITH A 300-UNIT APARTMENT
COMPLEX AND A 78-ROOM RESIDENCE/BUSINESS
HOTEL.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of a.Dproval on
second reading of an ordinance as follows:
Modification of Ordinance 79-84, as amended by Ordinances 96-
87, 68-89, 64-92 which comprise the SAD Zoning Ordinance for
Watefford/Delint DRI. The modifications include the following
components:
El Addition of Multi-family use and ancillary recreational
facilities as an allowed use
El Addition of a residence/business hotel with ancillary
recreation, meeting room, exercise room and hearth
room as an allowed use
El Deletion of office, research and development use
El Modification of the Master Development Plan to
accommodate:
0 Deletion of 322,413 sq.ft, of office space
Addition of 300 upscale rental units and
associated recreation amenities
0 Addition of a 78 room residence/business hotel
and associated recreation amenities.
P & Z Board Staff Report
Waterford DRI - Modification to the SAD Ordinance with Attendant Master Development Plan
Page 2
The subject property is approximately 35 acres and is part of the 87
acre Waterford/Delint DRI bounded by 1-95 to the west, Lindell
Boulevard to the north, Lindell Boulevard and Dotterel Road to the
east, and Audubon Boulevard to the south.
The SAD Modification is being processed concurrently with a
Future Land Use Map amendment request from "Commerce" to
"Medium Density and Transitional" which has been transmitted to
the Department of Community Affairs for review. Any action on this
request is contingent on the approval of the Future Land Use Map
amendment. Action on the DRI Development Order and
associated Resolutions will not occur until second reading of the
FLUM amendment.
BACKGROUND:
On February 6, 1996, the City Commission approved on first reading the SAD
Modification for the Waterford DRI, with conditions. The associated Future Land
Use Map amendment and Development Order (DO) have been transmitted to
DCA (Department of Community Affairs) for review. Second reading of the SAD
ordinance was to occur after DCA responded to the FLUM amendment and DO,
which will be sometime in April. However, in order to help secure financing, the
applicant has asked that the SAD ordinance be considered as soon as possible.
While the City Commission may approve the ordinance, it will not be effective
until the Future Land Use Map amendment and DO are approved.
RECOMMENDED ACTION:
By motion, approve on second and final reading an ordinance modifying an
approved Special Activities District (SAD) Ordinance for the Waterford/Delint DRI
with the effective date to be concurrent with adoption of the associated FLUM
amendment and approval of the Development Order.
Attachments:
El Ordinance by Others
CITY ATTORNEY'S OFFICE
DELRAY BEA(H
Ali. America City
, DATE: March 1, 1996
1993 TO: City Commission
FROM: David N. Tolces, Assistant City Att°rn~'- ~/
SUBJECT: Ordinance Modifying Land
Development Regulations Section 6.3.3.
The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of
the City's Land Development Regulations. The ordinance primarily addresses the issue
of newsrack aesthetics. The ordinance in its current form would require all publishers or
distributors to submit a "Certificate of Compliance" with respect to each newsrack
placed within the City limits no later than two weeks after placement of the newsrack.
After discussing the matter with the City staff, it was agreed that commission should
decide what type of newsrack should be required in the City. The two newsrack
companies are K~Jack and Sho~Rack. Pictures of the different types of newsracks
considered are attached. The ordinance currently has both model lists in Section
6.3.3.(E)(2). It is the Commission's decision as to what brand and style of Newsrack
will be most attractive within the City.
City staff is also recommending that each newsrack's exterior have a "forest green" type
color. The rectangular base will be black, and the Cabinet will be a "forest green" or
similar dark green. City staff feel that this color will best blend with the surrounding
landscape in most areas. Newsracks will no longer have cardboard advertising on the
front of the newsrack, and the lettering will not be larger than 2 1/2 inches. (See
Section 6.3.3.(E)(3) and (4)).
Section 6.3.3.(E)(7) requires that all newsracks be maintained in a neat and clean
condition. This requires the publisher or distributor to maintain a newsrack that is free of
graffiti, dirt, rust, chips and paint, and corrosion. Failure to maintain the newsrack in
good condition could result in an enforcement action.
Under the proposed ordinance, the distributor or publisher will also have to provide the
City with proof of insurance. In order to protect the public from newsracks which easily
tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all
time.
The distributor will also be required, in the event of a hurricane warning, to remove the
newsrack from the right-of-way. This will protect the public from flying debris in the
event of a hurricane. ,
The above described changes will assist the City in correcting the aesthetic and safety
problems associated with newsracks.
Please call if you have any questions.
DNT/jlk
cc: David Harden, City Manger
Alison MacGregor Harry, City Clerk
Lula Butler, Director of Community Improvements
Diane Dominguez, Planning Director
Richard Bauer, Code Enforcement Administrator
newsmem.dm
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS
ON THE PLACEMENT, APPEARANCE, AND
MAINTENANCE OF NEWSRACKS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks
in the City has produced a significant increase in the number of Newsracks installed in public
rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using such rights-of-way,
including pedestrians, persons entering and leaving vehicles and buildings, and persons
performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way has
resulted in concerns by the public and City officials with regard to the safety, convenience and
aesthetics thereof; and
WHEREAS, the City Commission finds that there is a need to regulate and establish
procedures regarding installation, placement maintenance and insuring of Newsracks within
the City; and
WHEREAS, the City Commission finds that such regulations and procedures
governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the
citizens of Delray Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
~. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use
and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-
Way", of the City of Delray Beach Land Development Regulations is hereby amended to read
as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Scope:
The purpose of the following is to promote the public health, safe.ty and welfare
through the regulation of placement. _type. appearance, servicing, and insuring of newsracks
on public rights-of-way so as to:
(1) Provide for pedestrian and driving safety, and convenience.
(2~ Restrict unreasonable interference with the flow of peqlcstrian or
vehicular traffic including ingress into or egress from any residence or place of
business, or from the street to the sidewalk by persons exiting or entering parked or
standing vehicles.
(3) Provide for public and property, safety_ during hurricane conditions.
Provide reasonable access for the use and maintenance of poles, posts.
traffic signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
(5) Relocate and/or replace newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably detract
from the aesthetics of store window displays, adjacent landscaping and other
improvements, as well as to have abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent
damage to grass right-of-way areas.
(7) Reduce unnecessary, exposure of the public to personal injury, or
property, damage.
(8) Treat all newspapers equally regardless of their size. content, circulation.
or frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors.
(B) Definitions: For the purpose of this subsection the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no
news reports. '
"Auxiliary Lane." A turn lane or on-street parking area.
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily
used for bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and
maintaining a movable fixture, the owner of the movable fixture, or the publisher of the
newspaper vended within a newsrack.
"Eo_uivalent newsrack." Any newsrack which is of the same size. dimensions
and style of the specified newsrack.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is
required to stop prior to entering the intersection.
"Movable Fixture." Any newsrack, bench, or other non-attached f'txture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or
other dispenser installed, used, or maintained for the display, sale, or distribution of
newspaper or other news periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose
of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to,
asphalt, concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of
Florida, its subdivisions, departments or authorized agents.
"Right-of-Way." All that area dedicated to public use or otherwise owned by a
public agency for public street purposes and shall include, but not be limited to, roadways,
swales, bike paths, and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily
used for vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided for the exclusive or
primary use of pedestrians.
(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without first
providing a certificate of compliance for each newsrack in accordance with the provisions of
this section.
(1) Reviewing and Enforcement authority_: The authority_ responsible for
reviewing the certificates of compliance and enforcing the terms of this section shall be
the Code Enforcement Administrator or his/her designee. The Code Enforcement
3
administrator or his/her designee is responsible for fairly coordinating and
administrating the physical placement of the newsracks.
(2) Certifications: The applicant shall file with the Code Enforcement
Administrator a written certificate of compliance which shall contain the following
information:
(a) The name. address and telephone number of the applicant, who is
the owner and/or principal responsible for the newsrack(s),
(bi The name. address and telephone number of a responsible person
whom the City. may notify, or contact at any time concerning the applicant's
newsrack(s).
(c) The number of newsracks and the proposed location of each.
(d) Names of newspapers or periodicals to be contained in each
newsrack.
(e3 Type or brand of newsracks, including an illustration and
description of the newsrack and mount if other than a box type. or a newsrack
manufactured with modifications to the door. window and cabinetry_ of the
above-described newsracks to accommodate vertically-formatted ("Tabloid-
.type") newspaper display and distribution, as per section 6.3.3 (E).
(fi A certification that the newsrack is installed in conformance with
the provisions of this ordinance in their entire .ty.
(3) Verification of Certificate of Compliance: The Code Enforcement
Administrator may verify_ that the newsrack is in compliance with the provisions of this
section.
4) Denial of Certificate of Compliance: If a certificate of compliance for
newsrack location is incorrect, or the newsrack is not located, maintained, or installed
in conformity_ with the certification or this section, the certificate of compliance shall be
deemed denied, and an order to correct the violationshall be issued pursuant to Section
6.3.3(4 I).
4
General Placement of Newsracks;
The publisher or distributor of any newspaper or written periodical distributed from
any newsrack location within a city_ right-of-way shall notify, the Code Enforcement
Administrator or his/her designee, in writing, of the location or change of location of
any such newsrack by filing the certificate of compliance no later than 14 days after the
placement or relocation of the newsracl~,
(C E) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or
right-of-way shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24
inches in depth.
(2) Newsracks shall be wide base. non-pedestal. K-SACK KJ-960. KI-860.
SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the
newsrack may be a KJ-950D or equivalent. Manufactured modifications to the door.
window, and cabinetry_ for the above described newsracks to accommodate vertically-
formatted. "tabloid type" newspaper display and distribution are acceptable. Under
"warranted demand.' a Newspaper Publishing Company may show that it is necessary.
to include, with ordinary, demand, a reasonable percentage factor to accommodate peak
yearly distribution in the quantity, of newspapers dispensed. If the ~lemand is
warranted, the City_ shall not unreasonably withhold approval of such proposal by the
Newspaper Publishing company in accordance with Section 6.3.3(A).
(~) Newsracks shall have gloss black bases, forest green sides and door. and
forest green coin box. coated per standard specifications.
(4) Newsracks shall carry, no card holders or advertising except the name of the
newspaper being dispensed centered fifteen inches (15') from the top of the cabinet.
with duplicate lettering on the front, sides and back of the cabinet, such lettering not
exceeding two and one-half inches (2 1/2"~ in height. The above fifteen inch
dimension may be adjusted on the door by the manufacturer to accommodate
modifications for vertically-formatted. "tabloid-type" newsracks.
(5) Coin operated newsracks shall be equipped with a coin remm mechanism to
permit a person wishing to purchase a newspaper or periodical to secure an immediate
refund in the event the newsrack is inoperable. At all times, the coin remm mechanism
shall be maintained in good working order.
(6) The controlling entity shall permanently affix to its newsracks a label which
states a 24 hour operable telephone number of a working telephone service which the
5
customer may call to report a malfunction, or to secure a refund in the event of a
malfunction of the coin return mechanism. The label shall feature clearly on its face, the
name and address of the distributor to give the notices provided for in this chapter.
(B_7) The controlling entity shall maintain each movable fixture in a neat and
clean condition, and in good repair at all times. Each newsrack shall be maintained so
that;
(a) It is reasonably free of graffiti:
(b) It is reasonably free of dirt and grease:
(c) It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof:
(d) It is reasonably free of rust and corrosion in the visible metal areas
thereon:
(e) The clear plastic or glass parts thereon, if any. through which the
publications are viewed are unbroken and reasonably free of cracks, dents,
blemishes, and discolorations.
(f) The paper or cardboard parts or inserts thereof are reasonably free
of tears, are not peeling, or tearing: and
(g) The structural parts are not broken or unduly misshapen.
The use of a bench for advertising purposes is strictly prohibited.
(9) Any newsrack being installed, placed, or maintained on a public right-of-way,
street or sidewalk shall be installed in a safe and secure manner so as to prevent thc
newsrack from being stolen or becoming a hazard in severe weather. At any time. the
tota| weight of the newsrack and any weighting device shall not be less than one hundred
twenty-five (125) pounds.
(10) In the event of the issuance of a hurricane warning by any entity w/th
jurisdiction to issue such a warning, the newsrack shall be removed.
~ F) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or
erected on any landscaped area within an improved public right-of-way. The landscaped
areas include, but are not limited to, those areas in which the following ground cover
materials placed:
6
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora, or
(c) Sod or _crass
(2) Public Utilities: Movable fixtures shall not be placed, installed, or
erected to obstruct the use of any public utility pole or structure. These areas are
designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically
attached, chained, or bolted to any drainage structure, inlet pipe, or other physical
object meant to carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached,
chained, or bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of
a fire hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically
attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs
or pavement markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached,
bolted, or chained to a traffic signal pole.
(2) Movable fixtures shall not be placed in such a
manner which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the free
pedestrian flow, and handicap access, to and from pedestrian traffic
signal push buttons, movable fixtures shall be placed at least 36
inches away from such pedestrian traffic signal push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached,
bolted, or chained to a traffic sign or post used for the support of a traffic
sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or
erected directly on a paved surface which is intended primarily for the use of motor
vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall
leave a clear area for traffic of not less than 40 inches.
7
(6) Bike Path: Movable fixtures which are placed or maintained on a bike
path shall leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected
within clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch
high vertically faced curb. Where the four foot minimum is impractical,
the minimum may be reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located
no less than ten (10) feet away from the edge of the pavement. If there is
not ten (10) feet available, the movable fixture shall be located as far away
from the edge of the pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas
extend vertically from a point commencing 3 feet above the payment elevation, and
encompass the triangular area of property located at a comer formed by the intersection
of two or more public right-of-way, with two sides of the triangular area extending forty
feet from their point of intersection along the edge of roadway, and the third side being a
line connecting the ends of the other two lines. (See Figure 1). All obstructions to the
required sight distance shall be removed within the area shown in Figure 1.
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixture shall not be placed, installed, or erected in
any of the areas defined in this section.
8
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been specifically
designated by the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative
shall designate locations at City facilities for the placement of
movable fixtures.
(2) The City shall prepare a map for each City facility illustrating
the designated locations for the placement of movable fixtures.
The location maps shall be available for inspection at the office of
the City Clerk.
(3) Movable fixtures which are placed at City Facilities are
subject to the same abandonment and enforcement provisions
included in Sections 6.3.3(-g H__) and (-G ]3 Improperly placed
movable fixtures shall be considered abandoned movable fixtures.
(c) The area within the medians of a divided roadway.
(10) Fixture Placement: Movable fixtures shall not be placed on any
roadway, bike path or swale area in front of, to the rear of. or to the side of a
single family residence within the City.
.t~I4G~ Insurance:
Every. publisher or distributor who places or maintains a newsrack on a public
right-of-way shall provide to the Code Enforcement Administrator a current certificate
of insurance on October 1st of each year. Reasonable evidence of equivalent self-
insurance coverage may be substituted by the applicant for the above certificate Of
insurance, subject to the approval of the City's Risk Manager. Insurance under this
section shall run continuously with the presence of the applicant's newsrack(s~ in the
City's right-of-way, and any termination or lapse of such insurance shall be a violation
of this Section. subject to the appropriate remedy by the Code Enforcement Division
under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of
this Chapter.
(-g H) Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days,
it shall be deemed abandoned, and may be treated in the same manner as provided in
6.3.3. (G ]3below for movable fixtures in violation of the provisions of this subchapter.
9
(2) If the controlling entity is not identified on the moveable fixture, it will be
considered abandoned and posted as such.
(C I) Enforcement:
(1) Correction of Violation: Upon determination by a Code Enforcement
Officer that a movable fixture has been installed, used, or maintained in violation of
Section 6.3.3, and order to correct the violation shall be issued to the controlling entity.
(2) The order to correct the violation shall specifically describe the violation
and may suggest actions necessary to correct the condition or violation. Such order
shall be mailed by certified mail remm receipt requested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of
the order, shall result in the offending movable fixture being removed by the City. Any
movable fixture removed by the city hereunder shall be stored at the controlling entity's
expense for a period of 30 days. The movable fixture shall be released upon a proper
showing of ownership and payment of any and all storage charges. In the event the
movable fixture is not claimed within the 30 day period, the movable fixture may be sold
at public auction and the proceeds applied first to removal, administrative and storage
charges, and the remainder,, if any, then paid into the General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7
days from the date of posting, or the City is not contacted by the controlling entity within
7 days from receipt of the order, the City may remove the movable fixture immediately.
The City shall store the movable fixture for 30 days and if not claimed within that time,
the entity may dispose of the movable fixture in any manner it deems appropriate. If the
movable fixture is claimed, the entity claiming the movable fixture shall pay for all
removal, administrative and storage charges prior to release of the fixture. If the charges
are not paid within 15 days of claim being made, the City may dispose of the movable
fixture.
(5) At least ten days prior to the public auction, the City Clerk shall publish
a description of the movable fixture, the location from where it was removed, and notice
of the auction in a newspaper of general circulation in the city and shall provide the
controlling entity identified on the movable fixture, or if otherwise known, with written
notification of the auction by certified mail, return receipt requested. Provided, however,
that the City Manager, or his designee, may dispose of the movable fixture in any manner
it sees fit, including negotiating the release of the movable fixture to the controlling entity
for less than full payment of all storage charges if the City Manager or his designee is of
the opinion that such disposal will be more advantageous to the City than auctioning off
the movable fixture.
10
(6) In the event the controlling entity appeals the order to correct the
offending condition, as provided for in Subsection 6.3.3 (G_J), below, then removal of the
movable fixture shall be stayed pending final disposition of the appeal, which final
disposition shall include any judicial review. The city shall reimburse the controlling
entity any storage charges paid pursuant to an order issued by the city in the event the
decision on the appeal is rendered favorable to the controlling entity.
.~t J) Appeals: Any person or controlling entity aggrieved by any order, finding, or
determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an
appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must
effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to
this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal,
briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code
Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt
of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant
shall be given at least 7 days written notice of the time and place of the hearing. The Board shall
give the appellant and any other interested party a reasonable opportunity to be heard in order to
show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the
Board shall make a final and conclusive determination. The determination shall be reduced to
writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective
when rendered. The decision of the Board may be appealed as provided for by law.
~. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other that the part declared to be invalid.
~. That all ordinances or parts of ordinances which conflict herewith be and
the same is hereby repealed.
Section 4. That this ordinance shall become effective one hundred eighty (180) days
after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of , 1996.
MAYOR
ATTEST:
First Reading.
City Clerk Second Reading.
newsrac2.ord
11
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Front Door lock and
2-piece Housing.
02/21/96 WED 09:58 [TX/RX NO 6485]
FEBL21-95 WED 10:44 AM MHPC WPB BUREAU FAX NO. 4078483219 P. 3
80 Honor wizh optional
Screen Impressions.
SHOP. ACK t0 IMH Featu~ TI(10
QUiCk Chahge Keymd Dally/Sunday L~kom ........... S .... O
Hing~ 12-Gauge ~mo~ Housing .................. 8 S
~a Grip Material ................................. 8 S
El~er Shelf ..................................... S .....
.080 V~d~ Gu~d D~r Ple~i= ..................... S ..... 8
11· x 17' ~Li; Cardhelder ......................... S ..... S
Ple~ti= P~er H=lder ............................... 9 ..... S
Cement B~e Trey, 5' Se=ur~ Cable or S' Chain ...... S .....
Ch~n Holes in Beak ............................... S ..... S
Stainless Steel H~ware ........................... S ..... S
Front ~f ~e=k .................................. O ....
Impr~sions (Slik 9=teen Copy) ...................... O .... O
R~v~ ~nd~ (R~" x ~') ....................... O O
Tw~Ple=e Super Heaw-Du~ ~mered H=uslng ........ O .... O
Trl~le Quick Change Key~ L~kem Dnlly/Sunday~hi~d
Day Pti=lng ..................................... O ... NA
P~ ~d Slug ReJ~or ............................ O NA
Full Display Deer (wlElevat~ 9half Only, .~0 Vandal
Guard D~ PI~=, PIti; Paper Holder, No
C~dholder) ...................................... o ....
.~ Vandal Gu~d D~r Plast;c ..................... O ....
Sheet M~I Inne~ ................................. O .... O
Side ~nee~ (10~' x 13~') ....................... O .... O
~ ~n~ (1~' x 16~') ...................... O .... O
Le~llng Bra=kets ~d ~r~s ....................... O
~mmud ~k ~R (~ ~re) ...................... O .... O
H~er Re=k ~c~dh~lder st~dard), Pole Mount or K-~
~erl~ ArtiCle ................................. O ....
Fm~ Display Window .............................. O .... O
~De~e~ Stand~ Features ~Denmes O~e~el Features
I0 ~a S~~w $Wpinl Weight
~-80 5~1e with optional
5i~k SGmen ~pr~ons. wl~h ................. lg~' Im :hen t~ckloed 1~
Front Door ~k arid From to ~ck .......... 16V,' TK~ (w/Elevator ehel0
Canadian S~e ~dlock CMr. P~r C~iclH ~u=kl~d ......... 103~ lbs.
w/Ele~ shelf... ~' S~=k le~ then tru=klosd 106~ lbs.
wlR~lir shelf , .. 26' Stack K-80 (wl~m~ed housing)
Im~ J~= truckload .......... 93~ lbs.
~ end K-~ Seres le~ t~ truckload · 93~ lbs,
Sid~ ..... 15~ wide x 30' high K~O (w/~mored housing end
~ck ..... 18· wide x ~' high elevlt~ shel0
BeI~ lull len~h d~r tru=kloid .......... 98~ lbs.
14' wide x 4' high lees than truckload . 99~ lbs.
BelW rKove~ wlnd~
15~ wide x 14' high
Fram ..... 14' wide x 10' high
02/21/96 ~ED 09:58 [TX/RX NO 6485]
FEBZ21-gfi WED 10:48 AM MHPC WPB BUREAU FAX NO. 4078483319 P. 8
Quick Change Keyed DailylSurlday Lockout ..... 8 ........... O
Fronl Access Panel .......................... $ ...........
TK. Curbalde .OB0 Vandal ;ual~l D~r Plaoflo ............... S ...........
with e~o~a] Plutto Paper Holder ......................... S ........... s
8ilk Screen Cylinder L~k on Front panel .................. S ...........
ImpmaBion., Tubular Relnforeed Door ...................... $ ........... S
81anted Hydraullo Door Cylinder W/Helper Spring ....... S ........... 8
Adjustable Stelnlee. Steel H~rdware ..................... S ........... S
laedaSlal ~d Front Door Lock ............................ 0 ........... 0
Front Deer Impreeelone (Slik Screen Copy) ................ O ........... O
Lock. Triple Quick Change Keyed Lockout
DelAy/Sunday/Third Day Pdoing .............. O .......... NA
[ease arid 81u~ FteJeetor ...................... O .......... NA
CURB SIDE' ,093 Vandel Gu.d Door Planflc ............... 0 ........... 0
· Cement Bl~e Weight ........................ O ........... O
Upright 8~aiJona~ Pedesta~ ................... 8 ...........
CURB-SIDE places your Shmted Stationery Pedeetal ................... O ........... O
rteW~paper tack within easy 81~t~ Adjustable Pedo~laJ .................. O ........... O
reach for metorlata. Hydraulic Upright AdJumable Ped~t~l ................... O ........... O
door cylinder holds door open S-Denote. Stendaxd Foaturaa O.Oenotea Optional Feolurea
for customer, then closes
automatically! C~-md~ 8p.mJlleatlens 8hlPld~ Weight TI( K
Height ................ 17~/J' Rack Only ........ 54Ya lbs. 44 ]be.
W/Slatlcnlry Pedellal... 45U,' W/~tltiormr¥ Pedsmtlil
WlAdjuslable Pedesxai Uprighl ......... '100~ lbs. gO lbs.
(F'we ~elfinga at 1" Slanted ........ 103 I'b-.
". ' irnef~,J=) ......41~/t'-47~· WIAdju~able
Width -- Rack ......... 24F,' Pedestal ....... 110 lbs. gg~ fbi.
Peristyle 23~'
FrOnt to Back IJltl~ma~alo. Area
Rack ............... 1T~/~e' Sides ............. 14' wide x lO' high
Pedestal ............. 20~' Back ........... 15~' wide x 23' high
Paper C&pac~ ..... 17' stack
Door Closing '~me. '10 s~ond.
Quick Change Keyed O~lylSunday Lockout ............. S ......
Zinc Grip Ma{efl~ ................................... S ......
.~ Vand~ Gu~ Deer PIMtI= .......................
11" = 17· ~p C~dholder ...........................
~omd AUachment for Regu[~ L~k .................. S ......
Plastic P~er Holder ................................. 8 ......
~ ~'f ~' L~allng Bracke~ ~d Scre~ ........................ 8 ......
Cylinder Lack M~h D~r ............................. S ......
''
Triple Quick Change Key~ L~kout
Peac and 8lug ReJ~tor ..............................O .....
With a ple~fng cu~ed design Armo~ A~chment for ~u Mete~
and a full width handle on ~e ,~a Vandal Guard
paper ~mp~ment, the &00 8h~t Me~ In~ ..................................
T~lold Tubul~ Deer ................................ O ......
Series ~em ~u ~ choi~ of TK ~ W~dgraln .................................... O ......
or K Me~aniams. ~per ~m- ~Denm~ ~d~d Features O.Oenot~ O~lonal
~. pa~ment ~nda I~ the b~e
~'~'.. of the n~spapor rock, soo ~ee ~tlm I~ w~M TK
.'.' .. .'. ~. · Heig~ ...............
...; ~00 with optional Front to B~k ..........
Bel~ se~ 13' ~de x 10' tall Below
Full ~n~ SldH .............
~
02/21/96 ~D 09:58 [TX/EX NO 6485]
ENGINEERING COMPANY, INC.
J.860~. KJ-960TM "SUPER MATE~''
KJ-860TM KJ.960TM ~
I~AGE CAPACITY i ~
112 INCHES ~
MAY BE SHOWN WITH ACCESSORY EQUIPMENT.
ENGINEERING COMPANY, INC.
CIALTY & FREE DISTRIBUTION NEWSRACKS
KJ-840~ KJ-950D~
OVER&UNDER DOUBLE-WIDE
29' INCHES 63' INCHES
KJ-100MF,-,,,
FREE DISTRIBUTION
I
~'~ .].. '. ~ FREE DISTRIBUTION
EXTENDED
EXTRA LARGE
CAPACITY
.. ~.;~., i
KJ-400E~. KJ-240F~
~--~ABOVE PICTURED VENDING MACHINE(S) MAY BE SHOWN WITH ACCESSORY EQUIPMENT.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~V~'1
SUBJECT: AGENDA ITEM ~ /~'~'- MEETING OF M~RCH 5. 1996
ORDINANCE NO. 14-96 (PALM TREES INFECTED WITH LETHAL
DATE: MARCH 1, 1996
This is first reading for Ordinance No. 14-96 which amends Chapter
100, "Nuisances", of the City Code by enacting a new Section
100.09, "Lands to be Kept Free of Palm Trees Infected with Lethal
Yellowing". It provides the mechanism for a public nuisance to be
declared when, upon inspection, a palm tree infected with or
exhibiting symptoms of lethal yellowing is identified. Notice to
remove the infected tree is then provided to the property owner.
If the tree is not removed within ten days, the City will have the
authority to remove it at the owner's expense. The ordinance also
provides a lien provision and penalties.
Unfortunately, the City is experiencing a resurgence of the lethal
yellowing disease. As indicated in the memorandum from the City
Horticulturist, at least 20 palm trees in the vicinity of Atlantic
Dunes Park have been identified as infected and dying. The disease
is highly infectious and is spread by plant leaf hoppers. Any
infected palm tree becomes a source of infection for healthy trees.
There is no known cure, so removal of infected palms as quickly as
possible is essential if we hope to limit the spread of the
disease.
Staff has been working diligently to remove infected trees, but has
met some resistance from property owners who have trees which are
either not completely dead or are still in the early stages of the
disease. Some of you may recall the toll lethal yellowing took on
South Florida's palm trees some twenty years ago. It is imperative
for the City to have the authority to remove infected trees as
quickly as possible.
In view of the above, I am recommending that Ordinance No. 14-96 be
adopted as an emergency ordinance. This requires declaration of an
emergency by the Commission and enactment of the ordinance by a
two-thirds vote. The basis for the emergency is the need to remove
infected palm trees as soon as possible in an effort to stem the
spread of the lethal yellowing disease.
ref :agmemol 1
ORDINANCE NO. 14-96
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 100, "NUISANCES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
ENACTING A NEW SECTION 100.09. "LANDS TO BE
KEPT FREE OF PALM TREES INFECTED WITH
LETHAL YELLOWING"; TO PROVIDE FOR THE
DECLARATION OF NUISANCE; AUTHORIZING
INSPECTIONS AND REMOVAL OF INFECTED PALM
TREES; NOTICE PROCEDURES; LIEN PROVISIONS,
AND PENALTIES; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the Delray Beach City Commission finds the disease of palm trees,
known at "lethal yellowing" to be experiencing a resurgence within the City limits; and,
WHEREAS, the disease is a highly infectious disease, known to be spread by plant
leaf hoppers; and
WHEREAS, any infected palm tree left standing, becomes a source of infection for
healthy palm trees; and,
WHEREAS, there is no known cure for lethal yellowing, so removal is required in
order to limit the disease from spreading; and
WHEREAS, in order to protect the health, safety and welfare of the community, trees
exhibiting the symptoms of the disease shall be removed within ten (10) days, following
notification by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Provisions", Chapter 100, "Nuisances" of the City
of Delray Beach Code of Ordinances be and the same is by amended by enacting a new
Section, 100.09, "Lands to be Kept Free of Palm Trees Infected with Lethal Yellowing",
which reads as follows:
Section 100.09 Lands to be Kept Free of Palm Trees Infected with Lethal Yellowing:
(A) Nuisance Declared: The existence of palm trees infected with. or clearly
exhibiting the symptoms of lethal yellowing is hereby declared a public nuisance as
those palms continue to be infectious and are a threat to healthy pi~lm trees in the area.
The disease is characterized by the blackening oi' the young inflorenscences (flower
stalk) on infected palms. On coconuts palms, developing fruits will suddenly drop off
the stems. Mature leaves begin to yellow, until all leaves in the canopy wilt and die.
In other palm species, the yellowing may not be conspicuous: instead, leaves collapse
and the palm quickly dies.
(B) Inspections Authorized: Hindering Inspections Declared Unlawful:
(1) The Ci_ty Manager. or the authorized designee, is authorized and
empowered to enter upon any lot or parcel of land in the Ci.ty at any reasonable
hour for the purpose of inspecting any palm trees(s) situated thereon. The
authorized individual may remove tissue samples from any palm for the purpose
of laboratory analysis, if needed, to determine whether the palm is infected with
lethal yellowing. The removal of plant tissue for analysis is at the sole
discretion of the Ci.ty Manager or the authorized designee. The City. Manager
or the authorized designee may require the removal of a palm tree on the basis
of the obvious physical demise of the palm alone, where symptoms are
consistent with the patterns of decline associated with lethal yellowing.
(2) It shall be unlawful for any person to take any action to prevent
the City Manager. or authorized designee, from entering on any lot or parcel, of
land in the City for the purpose of such inspection, or to interfere with the City
Manager. or authorized designee, in the performance of any duties provided for
under the provisions of this section.
C) l~emoval of Trees: Notice Required: Whenever the City. Manager or
aothorized designee, determines that a particular palm is infected with lethal yellowing
and said tree poses a threat of infecting other healthy trees, the Ci_ty Manager. or the
authorized designee shall notify_ the' owner of the property_ on which the palm tree is
located in writirtg, and shall require the owner to cause the condition to be remedied by
removal no later than ten (10) days from the date of notice. The notice shall be sent by
first-class mail. addressed to the owner of the property_ as indicated bv the county tax
records pursuant to the notice provisions in Section 100.21 and 100.22 of the Code of
Qrdinances. Prior to the removal, the owner or owner's contractor shall obtain a tree
removal permit pursuant to Section 2.4.6(G)(1) of the Ci_ty's Land Development
Regulations. If the owner of said property_ have not caused said palm(s) to be removed
within the time period, the City_ Manager or authorized designee, shall enter upon the
property_, and remove the infected palms at the owner's expense.
(D) Lien for Removal by City:
(1) After the removal of the palm(s), the City Manager. or the
authorized designee, shall certify, the expenses incurred in such removal. Such
expenses shall become payable within sixty_ (60) days. If payment is not
received, a lien and charge will be made upon the property_ equal to the cost of
2 ORD. NO. 14-96
removal plus administrative, mailing, and removing costs. The lien amount
shall be payable with interest at the rate of eight percent (8%~ per annum from
the date such payment has become delinquent.
(2) Such lien shall be enforceable in the Same manner as a special
assessment lien in favor of the City of Delray Beach. except that the City of
Delray Beach may file suit to foreclose such lien at any time after the expiration
of sixty. (_60) days from the date the assessment was certified by the City_
Manager. or his authorized designee to the Director of Finance. Notice of such
lien shall be filed in the office of the clerk of the circuit court and recorded
among the public records of Palm Beach County_. Florida.
(E) Violation: Penalty_: Anyone who resists or obstructs an individual who is
carrying out the provisions of this article shall be guilty of a misdemeanor punishable
by a fine not exceeding $500.00 or imprisonment for a term not exceeding ninety (90~
days. or by both a fine and imprisonment. Each day any violation of any provision of
this Code or of any Ordinance shall constitute a separate offense.
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.
~. That this ordinance shall become effective
~[~h~~ immediately upon adoption.
first
PASSED AND ADOPTED in regular session on ~eemakamakfamd reading on this the
5th day of March , 1996. (Passed and adopted as an emergency
ordinance)
ATTEST:
City Clerk .......
First Reading March 5, 1996/Passed and adopted as an emergency ordinance.
Second Reading N/A
palm.etd
3
[lTV JIF DELRI:IV BEla£H
CITY ATTORNEY'S OFFICE ~oo~^~,,~,~.~w .~ ,,o?~?~.~?~^~]~. ~,~.]~^¥ ]~^~., ~o~ ~.~
Wfi~r's D~ct L~: (~ ~3-7~
DELRAY BEACH
~ DATE: Febmau 26, 1996
19~3
TO: Ci~ Comssion
~OM: David N. Tolces, Assistant Ci~ A~ome~
S~JECT: Adoption of Ord~ce -
Removal of Palm Trees Infected wi~ ~al Yellow
As indicated in the attached memorandum from Nancy Davila, City Horticulturalist, the
City's ordinance declaring lethal yellowing a nuisance is no longer in existance.
Therefore, adoption of the propsoed ordinancw will allow the City to take action to
require an owner to remove an infected palm tree. In the event the owner fails to remove
the tree after receiving notice, the City may remove the tree and collect its costs.
Please call if you have any questions.
/jlk
cc: David Harden, City Manager
Lula Butler, Dir. of Community Improvemeflts
Alison MacGregor Harty, City Clerk
Nancy Davila, City Horticulturist
palmmem.dnt
Prtnt,:,,'l on Rc, cych?tY Paper
MEMORANDUM
TO: SUSAN RUBY, CITY ATTORNEY
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT I~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: LETHAL YELLOWING ORDINANCE
DATE: FEBRUARY 14, 1996
Per our recent phone conversation, Lethal Yellowing, the disease that
ravaged the palms in South Florida twenty years ago, is back. In an area
near Atlantic Dunes Park, going two blocks to the west and three streets
north and south in both directions, we identified over 20 palms that were
infected and dying.
These palms need to be removed as soon as possible, since the disease is
spread from palm to palm by a plant leaf hopper (Mendus crudus).
At one time we had an ordinance which addressed this problem as a public
nuisance and required the removal of the infected palms. The ordinance was
evidently not included in one of many recodifications, and therefore, needs
to be reinacted.
I have attached a draft of the proposed ordinance. I think it would be
appropriate to have it in the Code of Ordinances, Section 100.09 under
Public Nuisance. ·
Time is of the essence with this disease being rampant, so please do what
you can to expedite the adaptation to tha proper form and its subsequent
adoption by the City Commission. If you have any questions or need any
clarification, please call me at extension 7226.
cc: Rich Bauer
Robert Kussner
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF MARCH 5, 1996
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately following Public Hearings.
11.A. City Manager's response to prior comments or inquiries.
In response to Mrs. Feldman's request regarding street
lighting on Homewood Boulevard from Linton Boulevard north to
Atlantic Avenue, the City Manager reported that staff is still
checking on the situation and that there may be a need to
increase the lumens of the lights.
Regarding a prior inquiry relative to the condition of
the center median islands on Lindell Boulevard, between Federal
Highway and Tropic Palms, the City Manager stated that he did not
see any evidence of people intentionally driving on the medians
and felt that cars drive onto the median islands to avoid
standing water in the roadway. The City Manager recommended that
additional curbing should not be installed until the streets are
reworked and the drainage problem is resolved.
11.B. From the Public.
There were no inquiries or comments from the public at
the last meeting.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
In response to Mrs. Smith's inquiry regarding the
status of construction on S.E. 2nd Avenue, the City Manager
reported that the contractor, Hardrives of Delray, Inc., is
presently conducting underground work and when this is finished
the road construction should be completed soon.
Regarding Mr. Ellingsworth's request for a report on
the number of traffic accidents which have occurred at the
intersection of N.E. 5th Avenue and N.Eo 1st Street, the City
Manager reported that there were seven accidents at that
intersection during 1995. The accident history consists of four
vehicles running red lights (one which involved a bicycle); one
improper turn across the street on N.E. 1st Street; one rear-end
collision involving cars on southbound Federal Highway; and, one
car which hit an improperly parked vehicle.
Mr. Ellingsworth commented that there are traffic
lights that seem to have some sort of buffer or screened area.
He suggested that these traffic lights could be checked to see if
something could be done to correct the situation. Also, in
regard to the accident which resulted from improper changing of
lanes. Mr. Ellingsworth suggested that a left turn arrow or a
straight ahead directional arrow painted on the roadway could
help alleviate the problem.
In response, the City Manager stated that he would have
staff check into the matter.
Regarding the joint work session with the Commission
and the Parking Management Team, the City Manager stated that the
meeting was tentatively scheduled for March 12, 1996; however,
the P.M.T. has requested a single purpose meeting on another
date.
After discussion, it was the consensus of the
Commission to retain the discussion with the Parking Management
Team for the Workshop Meeting of March 12, 1996.
13.B. City Attorney.
The City Attorney stated she is in co~inued
discussions with Mr. ~~i~ owner of property on ~eacrest
Boulevard that the Ci6~'~ interested in purchasing. She
explained that Mr. Patel has asked that the Commission be made
aware of his expenses and asked that his expense list be
distributed at this evening's meeting~,~ The
City
Attorney
informed the Commission that Mr. Patel is asking a purchase price
of $69,500.00 for the property. She asked direction as to
whether or not she should continue negotiating with the property
owner.
The Commission directed the City Attorney to proceed
with the negotiations for acquisition of the property with a
purchase price ranging from $60,000.00 to $65,000.00 maximum,
assuming that all environmental concerns have been addressed.
13.C. City Commission
13.C.1. Dr. Alperin stated that he had attended the Education
Board's meeting on Monday, March 4, 1996 and it looks very
promising that the new Carver Middle School will be getting an
International Baccalaureate Program. He pointed out it also
looks like Pine Grove Elementary School will become a magnet for
a Fine Arts Program.
Secondly, Dr. Alperin noted that the Delray
is having some problems. It seems that the
~ers at the facility are not certified for the classes which
they are teaching. He emphasized that many of the students
attending the Full Service Center are having behavioral problems
are mixed in with other students who do not have such problems.
Dr. Alperin felt that the School Board is once again telling the
City one thing and then doing something else. The community is
concerned about this situation and will be coming to the City for
answers. Dr. Alperin pointed out he feels the parents are
justified in their concerns.
Lastly, Dr. Alperin stated that the~~
~ is working on an ordinance regarding growth~-0-f' sch~'61s. He
thought that it is was very interesting that 80% of the growth is
coming from the already developed eastern areas of the County;
and only 20% are coming from the western communities; however,
the growth in new schools has been in the west. This eastern
growth rate appears to be throughout Palm Beach County.
13.C. 2. Mr. Randolph stated that he understood there are new
surveillance cameras which have the ability to pick up longer
distances that are being tested by the Sheriff's office and other
cities in Palm Beach County. If at all possible, perhaps the
Police Department could consider testing and/or purchasing this
new equipment?
Mayor Lynch commented that it was his understanding
that at the present time there are only 5 to 10 such cameras in
the County which currently are being tested.
Mr. Randolph suggestS_possible, it would be to
the City's advantage for the~~gto use these long
distance cameras for surveillance of drug activities.
· . Mayor Lynch ~~~'~ is charging a fee
13 C.3 noted that ~
for the use of the new swimming~~d'~%-he fee is $1.00 for
children and $1.50 for teens. He emphasized that the children
who live in the community are the ones who could least afford it.
Mayor Lynch felt the City does not need this type of revenue and
suggested that staff look into the matter.
Mayor Lynch passed a letter to the City Manager which
he received from County Commissioner Burr Aaronson regarding the
upcoming Film Festival. The City of West Palm Beach is
contributing to the Film Festival which will be a tremendous
boost for Palm Beach County. Originally, the Film Festival was
to be held at the Tennis Center; however, there was a conflict in
scheduling dates (April 11 through April 17, 1996), and as a
result, the event will be held in Boca Raton. Palm Beach County
is hopeful that other cities will become involved and make a
contribution, and requested that Delray Beach take the lead role
in this endeavor.
There being no further business, Mayor Lynch declared
the meeting adjourned at 8:40 p.m.
-3-
[9~G9 O~ ~H/~£] 6~:GI NON 96/~0/~0