11-02-04 Agenda Reg
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City of Delray Beach ~
Regular Commission Meeting
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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
Tuesday. November 2.2004 and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
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.
100 NW 1st Avenue
DeIray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
. Children's Book Week - November 15-21, 2004
7. PRESENTATIONS:
A. RESOLUTION NO. 80-04: Recognizing and Commending Jessie Grant for 30
years of dedicated service to the City of Delray Beach.
B. SW Presidents' Association, Carolyn Gholston
C. Race Relations Strategy, Sam Mathis
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDMSION PLAT APPROVAL/DIXIE DEL-IDA PLAT: Approve
the minor subdivision plat for Dixie Del-Ida, a re-plat of a portion of Lots 2, 3, 4, and 5,
Block 5, Del Ida Park, the property is bounded by N.E. 2nd Avenue and Dixie
Boulevard.
B. FINAL SUBDMSION PLAT APPROVAL/DIXIE DEL-IDA POINT PLAT:
Approve the minor subdivision plat for Del-Ida Point, a re-plat of a portion of Lots 26,
27, and 28, Block 4, Del Ida Park, located on the southwest comer of N.E. 2nd Avenue
and N.E. 6th Street.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED /19 SOUTH SWINTON
AVENUE: Approve and accept a right-of-way deed associated with 19 South Swinton
A venue, located on the east side of South Swinton A venue, approximately 256 feet
south of Adantic Avenue within the Old School Square Historic Arts District.
D. CHANGE ORDER NO. 2/FINAL PAYMENT /D.N. HIGGINS, INC.:
Approve Change Order No.2 in the amount of $127,167.87 and final payment in the
amount of $214,672.16 to D.N. Higgins, Inc. for the Seacrest Neighborhood
Improvements Phase IV Project. Funding is available from 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida) and 334-3162-541-
65.43 (General Construction Fund/Lake Ida Road North).
11-02-2004
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E. AMENDMENTS NO. 2/PALM BEACH COUNTY FINANCIAL
ASSISTANCE AGREEMENTS: Approve Amendment No.2 to the Financial
Assistance Agreements with Palm Beach County for the Lake Ida Road Beautification
to allow for an extension of the deadline to apply for financial reimbursement.
F. SPECIAL EVENT REOUEST / ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for December 9, 2004 from 6:00
p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the
closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic
Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from
Adantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd
Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City
stages.
G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT / A VDA: Approve and authorize the
execution of a sub-recipient funding agreement with Aid to Victims of Domestic Abuse
(A VDA) in the amount of $50,000.00 under the Community Development Block Grant
(CDBG) program for FY 2002-2003. Funding is available from 118-1965-554-83.01
(CDBG/Miscellaneous Expense/Other Grants and Aid).
H. CITY RECOGNITION AND GIFTS POLICY: Approve the City Recognition and
Gifts Policy.
1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 18, 2004 through October 29, 2004.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Eimco Water Technologies, Inc. in the amount of
$187,830.00 for the rehabilitation of Clarifier No. 1 at the Water Treatment
Plant Project. Funding is available from 442-5178-536-64.90 (Water/Sewer
Renewal and Replacement Fund/Other Machinery and Equipment).
2. Purchase award to Line-Tech, Inc. in the amount of $50,000.00 via the city of
Boynton Beach Contract for water service relocation. Funding is available from
442-5178-536-65.17 (Water/Sewer Renewal and Replacement Fund/Water
Service Relocations).
3. Purchase award to Chaz Equipment in the amount of $50,000.00 for sanitary
sewer manhole rehabilitation. Funding is available from 442-5178-536-61.84
(Water/Sewer Renewal and Replacement Fund/Manhole Rehabilitation).
4. Purchase award to Duval Ford in the amount of $19,376.00 via the State of
Florida Contract for the purchase of one (1) 1-Ton Utility Body Pickup Truck
for the Water & Sewer Network Division. Funding is available from 441-5161-
536-64.25 (Water/Sewer Fund/Heavy Equipment).
11-02-2004
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5. The following items are associated with the Capacity Upgrade of Lift Station
100A Project:
a. Purchase award to Southeastern Pump in the amount of $19,257.00 for
the purchase of pumps, rails, breakaway fittings, and electrical
components.
b. Purchase award to R.B. Grove, Inc. in the amount of $33,450.00 for the
purchase of a fixed 125 KV A fixed generator.
c. Contract award to Murray Logan Construction, Inc. in the amount of
$48,000.00 via the Northern Palm Beach County Improvement District
Contract for labor and equipment.
Funding is available from 441-5181-536-69.29 (Water/Sewer Fund/LS100A
Capacity Upgrade).
6. Purchase award to Garber Ford Fleet Sales in the amount of $17,276.00 via the
Sheriffs Association and Florida Association Contract for the purchase of one
(1) %-Ton Utility Body Pickup Truck for the Parks and Recreation Department.
Funding lS available from 501-3312-591-64.20 (Central Garage
Fund/ Automotive).
7. Purchase award to Florida Rural Water Association (FRWA) in the amount of
$64,400.00 for the purchase of thirteen (13) Skid Mounted Generators. Funding
is available from 441-5161-536-64.90 (Water/Sewer Fund/New Capital/Other
Machinery and Equipment).
9. REGULAR AGENDA:
A. LANDSCAPE MAINTENANCE AGREEMENT /BERKHEIMER
BUILIDNG: Consider approval of and acceptance of a Landscape Maintenance
Agreement for the Berkheimer Building, located at 80 N .E. 4th Avenue.
B. REQUEST FOR WAIVER/ABBEY DELRAY SOUTH: Consider a waiver
request from Abbey Delray South, located at 1717 Homewood Boulevard, to Land
Development Regulations Section 4.6.7(E)(1) to allow the placement of an off-premise
sign. (Quasi-Judicial Hearing)
C. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CONTRACT WITH ASPHALT
CONSULTANTS. INC. FOR CONSTRUCTION OF IMPROVEMENTS/
NW /SW 5TH A VENUE AND CONTRACT ADDITION NO.1 FOR MILLER
PARK:
1. Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) in an amount not to exceed
$1,094,823.38.
11-02-2004
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2. Consider approval of a contract between the City and Asphalt Consultants, Inc.
in the amount of $1,853,886.75 for the construction of improvements for the
NW /SW 5th Avenue Beautification Project. Funding is available from 334-
3162-541-65.83 (General Construction Fund), 442-5178-536-65.83 (Water &
Sewer/Renewal/Replacement) and 448-5461-538-65.83 (Stormwater Utility
Fund).
3. Consider approval of Contract Addition No.1 between the City and Asphalt
Consultants, Inc. in the amount of $88,314.00 for the resurfacing of the Miller
Park parking lot. Funding is available from 001-6111-519-49.90 (General
Fund/Other Current Charges).
D. INITIATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDR): Formally initiate an amendment to Land Development
Regulations regarding height limitations in the CBD (Central Business District).
E. TAX RULING: Consider granting permission to request a private letter ruling
regarding payment of increased benefits.
F. PROPOSAL FOR SETTLEMENT IN VOSBURGH v. CITY OF DELRAY
BEACH: Consider a Proposal for Setdement in the amount of $12,500.00 in
Vosburgh v. City of Delray Beach. Staff recommendation is acceptance.
G. CONSULTANT AGREEMENT /SAMUEL E. MATHIS. JR.: Consider approval
of a consultant agreement between the City and Samuel E. Mathis, Jr. in the amount of
$25,000.00 for services related to the development and implementation of a "Race
Relations Dialog and Strategy" for the City. Funding is available from 001-1111-511-
34.90 (General Fund/Other Contractual Services).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-04 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR), 4.3.4{K)
"Development Standards Matrix" to provide for a change in the minimum building
setbacks and Section 4.4.24, "Old School Square Historic Arts District" (OSSHAD), to
provide for changes to the Principal Uses, Accessory Uses, Conditional Uses, Review
and Approval Process, Development Standards and Special District Regulations to
regulate development size, massing, and scale. If passed, a second public hearing will be
scheduled for November 16,2004.
B. ORDINANCE NO. 42-04 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4.24 "Old
School Square Historic Arts District" (OSSHAD), Subsection 4.4.24(B), "Principal Uses
and Structures" to include properties that are allowed the Permitted Uses of the CBD
(Central Business District) Zoning District; amending Subsection 4.4.24(F)
"Development Standards", to include additional properties in the OSSHAD District
that are subject to the development standards of the CBD. If passed, a second public
hearing will be scheduled for November 16,2004.
11-02-2004
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C. ORDINANCE NO. 49-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 2, "Administrative Provisions", of the Land
Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit"
regarding horse drawn carriages to allow the use of horse drawn carriages (for special
events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season. If passed, a second
public hearing will be scheduled for November 16, 2004.
D. ORDINANCE NO. 64-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Subsection 4.3.3(0)(1),
Application; 4.3.40)(4), "Increases to Height Regulations"; Subsection 4.3.4(K),
"Development Standards Matrix", Section 4.4.9 "General Commercial (GC) District";
Section 4.4.13, "Central Business District (CBD)"; Subsection 4.4.24(F), "Development
Standards"; Section 4.5.6, "The West Atlantic Avenue Overlay District"; Subsection
4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with
a Thirty-five (35) Foot Height Limitation"; Subsection 4.6.9(E)(3), "In-lieu Fee", and
Subsection 4.6.18 "Architectural Elevations and Aesthetics" to incorporate regulations
related to the GC (General Commercial) portion of the West Atlantic Avenue Overlay
District into the CBD (Central Business District). If passed, a second public hearing
will be scheduled for November 16,2004.
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. 57-04: Annexation, Small-Scale Future Land Use Map (pLUM)
- Amendment from County HR (High Density Residential-8 dwelling units per acre) to
City MD (Medium Density Residential 5-12 dwelling units per acre), and rezoning from
AR (Agricultural Residential) to RM (Medium Density Residential) for a 4.86 acre
property, located on the west side of Military Trail, approximately 700 feet south of
Adantic Avenue. If passed, a public hearing will be scheduled for November 16,2004.
B. ORDINANCE NO. 62-04: An ordinance amending Land Development Regulations
(LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance to
nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures. If passed, a public hearing will be scheduled for November
16, 2004.
C. ORDINANCE NO. 63-04: An ordinance amending Land Development Regulations
(LDR), Appendix "A", "Definitions", to provide a more detailed definition of "Sign".
If passed, a public hearing will be scheduled for November 16, 2004.
11-02-2004
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 29, 2004
11-02-2004
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WHEREAS, reading is the cornerstone of education, allowing each individual
to pursue knowledge; and
WHEREAS, knowledge is the finest asset we give to our children and the
catalyst for achieving great things in life; and
WHEREAS, the love of books and reading, passed from adult to child, from
generation to generation, and from peer to peer, is a lifelong treasure that helps
uncover the secrets of the universe; and
WHEREAS, Children's Book Week, a celebration of the written word, will
encourage young people to discover the complexity of the world beyond their own
experience; and
WHEREAS, Let's Book, the theme chosen by the Children's Book Council for
the 85th annual observance of Children's Book Week, promotes the enjoyment of
books for young people.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim the week of the
week of November 15-21, 2004 as
CHILDREN'S BOOK WEEK
in Delray Beach, Florida, and urge all citizens to join in the celebration of books for
young people.
JEFF PERLMAN
MAYOR
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~- _: Pulílic Library
October 18, 2004
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor Perlman:
The Delray Beach Public Library would like to request you to proclaim November
15-21, 2004 as "Children's Book Week." Get Carried Away... READ. The
theme chosen by The Children's Book Council for the 82nd annual observance of
National Children's Book Week, promotes reading books and literacy, to nurture
young people and give them a world view.
If you have any questions, please call me at 266-9488. We look forward to
hearing from you at your earliest convenience so we can begin to plan for this
exciting program.
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Library Director. . r:; .\1 E. 0
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29 Southeast Fourth Avenue. Delray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757
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RESOLUTION NO. 80-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING JESSIE GRANT FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRA Y BEACH.
WHEREAS, Jessie Grant was hired by the City of Delray Beach as a Utility Service
Worker on October 29, 1974; and
WHEREAS, on October 29, 2004, Jessie Grant reached a milestone in his career,
having effectively achieved thirty (30) years of continuous, full-time service with Delray Beach
Utilities Maintenance; and
WHEREAS, Jessie's professionalism, warmth, kindness, and compassion are well
known and recognized throughout the City of Delray Beach and these attributes serve as a reminder
to us all to seek opportunities for service to our fellow man; and
WHEREAS, the City of Delray Beach and the Delray Beach Environmental Services
Department are honored to have Jessie Grant as a valued member of the municipal team over the
past 30 years.
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 hereby recognizes
and commends Jessie Grant for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere
thanks and appreciation to Jessie Grant for his many years of service.
PASSED AND ADOPTED in regular session on this the 2nd day of November
2004.
MAYOR
ATIEST:
ACTING CITY CLERK
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Memo œ T :J:J.-;AOO t/
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To: David Harden - City Manager
From: Lula Butler, Director - Community Improvement tb
Subject: Consultine: Services
Date: October 21, 2004
As you already may be aware, Sam Mathis is no longer with Office Depot. He is available to
continue his work with the City of Delray Beach to overcome the racial division. Mr. Mathis
is now proposing to be the Diversity Business Strategist and Advisor for us so that we might
stay on track with this initiative.
I have attached his proposal for your reference and comments back to me. The Mayor is
aware of the fact that he now has his own consulting service and was anticipating his proposal.
Ifwe are able to fund this, I think it is a good idea to schedule Mr. Mathis' presentation for the
first Commission meeting in November and have his contract on the agenda for approval.
This would enable us to stay on our proposed timeline and avoid it being delayed 2-3 months
through the holiday season.
Please let me know your thoughts on this.
LB:DQ
Attachment
. Page 1 1c..
-----
Samuel E. Mathis, Jr.
Diversity Business Strategist & Advisor
October 20, 2004
Ms. Lula Butler
Community Improvement Director
City of Del ray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Consulting Services on "Project for A Better Delray Beach"
Dear Ms. Butler:
The diverse communities of Delray Beach contribute to the rich character that has given
the city of Del ray Beach national recognition as an "All American City". The city leaders
have acknowledged their desire to be proactive in leveraging its diversity, particularly its
racial diversity, by including it as a strategic initiative.
As a Diversity Business Strategist and Advisor, it is my proposal that I support the City
of Del ray Beach's efforts in the following manner:
Phase I - Problem Definition
This will allow all future resources to appropriately be allocated so that the outcomes
result in problem resolution, change management and quantifiable community
improvements.
I will perfonn this task with deliverables while working with your office in two stages.
1. Collection with review and analysis of demographic data. This will result in a report
to you in the form of a Demographic Assessment as a deliverable.
2. Collection with review and analysis of stakeholder perceptions (soft data). This will
result in a report to you in the fonn of a Stakeholder Assessment as a deliverable.
This will include the co-facilitation of two town-hall meetings and 25 to 30
interviews.
A draft Problem Statement will conclude Phase I.
Compensation - $20,000
Phase n - Task Force Development
This will establish a fonnal collaborative community effort in response to the Problem
Statement. I will support the city by providing advice and facilitate the development,
planning and establishment of objectives and desired outcomes for this group.
Compensation - $5,000
295 NE Fifth Avenue, Suite 2300
Delray Beach, Florida 33483
Phone: 561-573-8860 Fax: 561-274-6183 Email: Mathis618@ß01.com
Samuel E. Mathis, Jr.
Diversity Business Strategist & Advisor
Ms. Lula Butler
October 20, 2004
Page 2 of2
Phase ill - Execution
The recommendations of the Task Force will result a change management function and
post assessment (revisiting of Problem Statement) to assure that stratagies, structure and
resource are deployed appropriately.
Reimbunable
Travel with the associated expenses beyond the city of Delray Beach, printing, materials
per the appropriate approvals will all so be reimbursable.
I am proposing that work proceed under an agreement to complete Phase I (problem
Definition) and Phase II (Task Force Development). The Phase III scope of work should
be discussed while acknowledging our learning through the first two phases.
Total Proposed Fee for Phase I and II: $25,000.
This initial letter is submitted to review the scope of work. A fonnal agreement will be
drafted and will include a proposed timetable. Delray Beach is to be commended for its
proactive approach to civil improvement in a spirit of collaboration. It is an honor to be a
resident and work with you to facilitate "A Better Delray Beach" .
~
295 NE Fifth A venue, Suite 2300
Delray Beach, Florida 33483
Phone: 561-573-8860 Fax: 561-274-6183 Email: Mathis618@aol.com
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITY MANAGER t'íj
SUBJECT: AGENDA ITEM # g 1\ - REGULAR MEETING OF NOVEMBER 2. 2004
FINAL PLAT APPROVAL/DIXIE DEL-IDA PLAT
DATE: OCTOBER 29, 2004
This is before the City Commission to approve the minor subdivision plat for Dixie Del-Ida, a re-
plat of Lots 2, 3, 4, and 5, Block 5, Del Ida Park. The plat includes the creation of three (3) new
lots. The property is bounded by and N .E. 2nd A venue and Dixie Boulevard.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Dixie Del-Ida.
S:\City Clerk\agenda memos\Final Plat.Dixie Del-lda.l0.28.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Man~
FROM: Randal L. Krejcarek, PE &.
DATE: 02 Nav 2004
SUBJECT: Dixie Del-Ida Plat
Agenda Request
The attached agenda request is for Commission approval of the Dixie Del-Ida Plat.
This property is a replat of Lots 2, 3,4, and 5, Block 5, Del Ida Park (Plat Book 9, Page
52), of the public records of Palm Beach County, Florida, in Section 9, Township 46
South, Range 43 East, City of Delray Beach. This plat includes the creation of three
new lots.
This property is bounded by NE 2nd Avenue and Dixie Boulevard.
Enclosed are a location map and a reduced copy of the plat. This is a minor
subdivision plat therefore no additional approvals are required.
If this meets with your approval, please place it on the 02 Nov 2004 Commission
Agenda for approval.
Thanks!
enc
cc T AC file
S:IEngAdminlTACIDixie Del-Jda12004 nov 02 agenda memo. doc
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Date: 27 Oct 2004 AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
-X... Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 02 Nov 2004
Description of Agenda Item (who, what, where, how much):
Request for Commission agenda request is for Commission approval of the Dixie Del-Ida Plat.
This property is a replat of Lots 2, 3, 4, and 5, Block 5, Del Ida Park (plat Book 9, Page 52), of
the public records of Palm Beach County, Florida, in Section 9, Township 46 South, Range 43
East, City of Delray Beach. This plat includes the creation of three new lots. This property is
bounded by NE 2nd Avenue and Dixie Boulevard.
Staff Recommendation: ADDro~ I {J, Z-7- elf
Department Head Signature: .
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: t!Jl No Initials: tñ1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Dixie Del-Ida\2004 nov 02 agenda.doc
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER t1ll
SUBJECT: AGENDA ITEM # ßß - REGULAR MEETING OF NOVEMBER 2,2004
FINAL PLAT APPROVAL/DEL-IDA POINT PLAT
DATE: OCTOBER 29,2004
This is before the City Commission to approve the final subdivision plat for Del-Ida Point. This is a
re-plat of Lots 26, 27, and 28, Block 4, Del Ida Park. The plat includes the creation of two (2) new
lots, located on the southwest comer ofN.E. 2nd Avenue and N.E. 6th Street.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Del-Ida Point.
S:\City Clerk\agenda memos\Final Plat-Del-Ida Point.l0.28.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, PE ¡{JJ
DATE: 02 Nov 2004
SUBJECT: Del-Ida Point Plat
Agenda Request
The attached agenda request is for Commission approval of the Del-Ida Point Plat.
This property is a replat of Lots 26, 27, and 28, Block 4, Del Ida Park (Plat Book 9,
Page 52), of the public records of Palm Beach County, Florida, in Section 9, Township
46 South, Range 43 East, City of Delray Beach. This plat includes the creation of two
new lots.
This property is located on the southwest corner of NE 2nd Avenue and NE 6th Street.
Enclosed are a location map and a reduced copy of the plat. This is a minor
subdivision plat therefore no additional approvals are required.
If this meets with your approval, please place it on the 02 Nov 2004 Commission
Agenda for approval.
Thanks!
enc
cc T AC file
S:\EngAdminITAC\Del-lda Pointl2004 nov 02 agenda memo. doc
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Date: 27 Oct 2004 AGENDA ITEM NUMBER:·~ ß
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 02 Nov 2004
Description of Agenda Item (who, what, where, how much):
Request for Commission agenda request is for Commission approval ofthe Del-Ida Point Plat.
This property is a replat of Lots 26, 27, and 28, Block 4, Del Ida Park (Plat Book 9, Page 52), of
the public records of Palm Beach County, Florida, in Section 9, Township 46 South, Range 43
East, City of Delray Beach. This plat includes the creation of two new lots. This property is
located on the southwest corner of NE 2nd Avenue and NE 6th Street.
Staff Recommendation: Approval
Department Head Signature: ~" ç:jJ~ (/J.t.1-- uf
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes 1 No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @I No Initials: tt1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Del-Ida Point\2004 nov 02 agenda.doc
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TO: DAVID~. ITV
THRU: PAUL DORLlNG, DIREC Of PLANNING AND ZONING
fROM: ROBERT G. TEffT, SE R PLANNER ¿¥ß?"ft-/r
SUBJECT: MEETING Of NOVEMBER 2, 2004 **CONSENT AGENDA**
ACCEPTANCE Of A RIGHT-Of-WAY DEED ASSOCIATED WITH 19 SOUTH
SWINTON AVENUE.
·,§TIIÑii¡REr.......I..II:¡>ÎÎPJi'(¡tF·iîJfli¡5I"f¡í:!I.~W$$(()~'i1¡)ii¡¡:)'i.ii.iilmmm+· ¡mmmll¡;")I¡)
The action requested of the City Commission is acceptance of a Right-of-Way Deed associated
with 19 South Swinton Avenue, located on the east side of South Swinton Avenue,
approximately 256' south of Atlantic Avenue within the Old School Square Historic District.
At its meeting of October 6,2004, the Historic Preservation Board (HPB) approved a demolition
request, waiver requests, Class II site plan modification, landscape plan, and design elements
associated with the conversion of the existing hair salon to an office at 19 South Swinton
Avenue. The development proposal consists of the demolition of the existing non-contributing
641 square foot addition (storage area and efficiency unit) at the rear of a 1,042 square foot
structure along with the four (4) existing parking spaces in order to construct a new six (6) space
single-loaded parking area. The conditions of approval for 19 South Swinton Avenue included
the recording of a Right-of-Way Deed dedicating an additional two feet (2') of right-of-way for
the alley abutting the east side of the property.
Pursuant to LDR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing
dominant width. Further, pursuant to LDR Section 5.3.1 (D) (3), additional right-of-way width
may be required to promote public safety and welfare; to provide for storm water management;
to provide adequate area for street trees; and to ensure adequate access, circulation and
parking in high intensity use areas. Such a determination is to be supported by a
recommendation from the City Engineer.
The currently dedicated alley right-of-way is 16' with a paved width of approximately 10.5'. The
City Engineer has determined that the width of the alley should be expanded to a width of 20',
which is consistent with the widths that have been provided with recent redevelopment
proposals in the downtown. Therefore, a dedication of two feet (2') (one-half the additional
right-of-way) from the subject property is required. The City Attorney has reviewed the Right-of-
Way Deed for legal sufficiency and form, and has determined it to be acceptable.
By motion, accept the Right-of-Way Deed associated with 19 South Swinton Avenue.
Attachments: Site Plan and Right-of-Way Deed
8<:-
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Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDE~TURE ~ade this o1J day o~ 2004, between SWIN~ON
VENTURE, LLC, wIth a maIlmg address of75 NE 6 Avenue, SUIte 214, Delrav Beach. Flonda
33483, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal
corporation with a mailing address of 100 N. W. 1 sl Avenue, Delray Beach, Florida 33444, as party
of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit claim
and convey unto the party of the second part, its successors and assigns, all right, title interest, claim
and demand which the party of the first part has in and to the following-described land, situate, lying
and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part, its
successors and assigns, a right-or-way and easement in and to said lands for public highway, street,
sidewalk and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first part or
assIgns.
That this right-of-way shall be subject only to those easements, restrictions, and reservation
of record. The party of the first part agrees to provide for the release of any and all mortgages or
liens encumbering this right-of-way. The party of the first part also agrees to erect no building or
effect any other kind of construction or improvements upon the above-described property.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good
right and lawful authority to grant the above-described right-of-way and that the same is
1
·
"
unencumbered. Where the context of this Right-of-Way Deed allows or pennits, the same shall
include the successors or assigns of the parties.
TO HA VE AND TO HOLD THE SAME, together with all and singular the appurtenances
thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and
claim whatsoever ofthe said party of the first part, in law or in equity to the only proper use, benefit,
and behalf of the said party of the second part, its successors and assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the
date first above written.
~ P ARTY OF THE FIRST PART
B' ~
WINTO
~~rtYPed) y: etail Concepts, Inc., its managing member
- Jim Zengage, President
75 NE 6th Avenue, Suite 214
fAJ¡J/f l~ Delray Beach, Florida 33483
(Name printed or typed)
STATE OF £¡;~~ t%J
COUNTY OF ¡Ja.LAd~
~ The foregoing instrument was acknowledged before me this..1..ð day of
,2004, by Jim Zengage, as President of Retail Concepts. Inc.. a Florida corporation.
managmg member (name of officer or agent, tItle of officer or agent), of Swmton Venture. LLC
(name of corporation acknowledging), a Florida limited liability company (state or place of
incorporation), on behalf of the corporation. He/-8fte is personally known to me or has prQd11G€d
~q'P@ sf idsBtification) as identification.
r of Person Taking acknowledgment
VIRGINIA HASLETT
MY COMMISSION' DD 319411 Name Typed, Printed or Stamped
EXPIRES: May 23. 2008
8IIndId 'l111li NeIlly P\J IC \JnCIIIW!IIØ
Row-swinton
2
.
DESCRIPTION:
THE EAST 2.00 FEET OF LOT 9, BLOCK 69, SUBDIVISION OF BLOCK
69 DELRA Y FLORIDA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 43 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS. RESERVA Tlm·IS. CO'Æf\lANTS
AND RIGHTS-OF-WAY OF RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED
WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR
RIGHTS-OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS
OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO RECORD BEARING OF
SS9'SS'1S"W ALONG THE SOUTH LINE OF LOT 9, BLOCK 69,
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE
SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF
RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
CERTlFICA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF
THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY
DIRECTION ON JULY 23, 2004. I FURTHER CERTIFY THAT THIS
SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD
OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES
472.027.
SHEET 1 OF 2
I , --
CAULFIELD&. WHEELER, INC. DATE 7/23/04
Ilfflll CIVIL ENGINEERING - LAND PLANNING . .iV~ ~ 'Ó(
. ...., . .':> LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY JC
< 730lA W. PALMETTO PARK ROAD - SUITE IOOA !~~1í~'lu1
'. '. BOCA RATON. FLORIDA 33433 ¿FFR'EY ~~L WAGNà F.B./ PC. N/A
PHONE (561)-392-1991 / FAX (561)-750-1452
REGISTERE LAND SCALE
LOT 9, BLOCK 69 SURVEYOR NO. 5302 AS SHOWN
SUBDIVISION Of BLOCK 69 DELRA Y FLORIDA STATE OF FLORIDA
RIGHT-Of-WAY DEDICATION SKETCH Of DESCRIPTION .B. 3591 JOB NO. 4605RW
~
ALLEY
16' RIGHT-OF-WAY
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, - - CIVIL ENGINEERING - LAND PLANNING -
,.- 'W LANDSCAPE ARCHITECTURE· SURVEYING
DRAWN BY JC
-. _ - 730lA W. PALMETTO PARK ROAD - SUITE 100A
_ _ - _ BOCA RATON, FLORIDA 33433 F.B./ PG. N A
PHONE (561)-392-1991 / FAX (561)-750-1452.
LOT 9, BLOCK 69 SCALE AS SHOWN
SUBDIVISION OF BLOCK 69 DELRA Y FLORIDA
RIGHT-OF-WAY DEDICATION SKETCH OF DESCRIPTION JOB NO. 4605RW
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # . D - SPECIAL MEETING OF NOVEMBER 2 2004
CHANGE ORDER NO. 2/FINAL PAYMENT /D.N. HIGGINS. INC.
DATE: OCTOBER 29, 2004
This is before the City Commission to approve Change Order No. 2 in the net add amount of
$127,167.87, and final payment in the amount of $214,672.16 to D. N. Higgins, Inc. for the Seacrest
Neighborhood Improvements Phase IV Project.
Funding IS available from 442-5178-536-65.03 (Water/Sewer Renewal and Replacement
Fund/Seacrest/Del Ida) and 334-3162-541-65.43 (General Construction Fund/Lake Ida Road
North).
Recommend approval of Change Order No.2 and final payment to D.N. Higgins, Inc. for the
Seacrest Neighborhood Improvements Phase IV Project.
S:\City Clerk\agenda memos\Change Order.D.N. Higgins.Seacrest.l1.02.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harden, City Manager
FROM: ~~
ictor ajtenyi, Construction Manager
SUBJECT: SEACREST NEIGHBORHOOD IMPROVEMENT IMPROVEMENTS PHASE IV,
PN 2002-040
Agenda Request; Change Order #2/Final, Final Payment
DATE: October 27, 2004
Attached for Commission approval is an agenda request for closeout Change Order #2/Final to
Douglas N. Higgins, Inc. on the Seacrest Neighborhood Improvements Phase IV project, PN
2002-022. It is for the final plus/minus quantity adjustments and miscellaneous changes to the
original contract and a negotiated amount of liquidated damages of 20 days. Change Order
#2/Final is in the net add amount of $127,167.87.
A request is also made for final payment in the amount of $214,672.16 to Douglas N. Higgins, Inc.
A Contractor Evaluation fonn is attached for your review.
Funding is from account 442-5178-536-65.03, Water and Sewer Renewal & Replacement
FundlSeacrest and Del Ida, and account 334-3162-541-65.43, General Construction Fundi Lake
Ida Road North, after budget transfer.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Office
Agenda File 11/02/04
Project File 2002-040(A)
S:\EngAdmin\Projects\2002\2002-040\CONSTRCnCO 2 Fin Higgins AgMemo 11.02.04.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2/Final PROJECT NO. 02-040 DATE:
PROJECT TITLE: Seacrest Neighborhood Improvements, Phase IV
TO CONTRACTOR: D.N. Higgins, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,217,297.25
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $517,754.50
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,735,051.75
COST OF CONSTRUCTION CHANGES THIS ORDER $127.167.87
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,862,219.62
PERCENT INCREASE THIS CHANGE ORDER 10.4%
TOTAL PERCENT INCREASE TO DATE 52.9 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
D.N. Higgins, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 442-5178-536-65.03 ($32,500.00) and 334-3162-541-65.43 ($100,900.00)
DEPARTMENT FUNDING CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
S:\EngAdmin\Projects\2002\2002-040\CONSTRClìC02 Fin Higgigns doc -11.02.04.doc
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Agenda Item No. ~
AGENDA REQUEST
Date October 27. 2004
Request to be placed on:
---X--Regular Agenda
_Special Agenda
_Workshop Agenda When: November 02. 2004
Description of item (who, what, where, how much):
Request for City Commission to approve Change Order #2/Final to Douglas N. Higgins, Inc. in the
amount of $127,167.87 on the Seacrest Neighborhood Improvements Phase IV project, PIN 2002-040.
Change Order #2 is for plus/minus final quantity adjustments to contract items and a negotiated amount of
liquidated damages of 20 days. In addition, a request is made for final payment in the amount of
$214,672.16. The items in this change order are detailed on Schedule A attached to Change Order
#2/Final.
Funding is available from 442-5178-536-65.03, Water and Sewer Renewal & Replacement Fund/Seacrest
and Del Ida, and account 334-3162-541-65.43, General Construction FundI Lake Ida Road. North.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:
Staff recommends award of Chan yment to Douglas N. Higgins, Inc.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~ on all items involving expenditure of funds):
Funding available: YES 0 (see above)
Funding alternatives (if applicable): ~5..¢.3 RJ.
Account No. & Description ~o -5/7: -,5" "Go" ~S.ð3-~(;(~t¡}e.
Account Balance ~1)3'" #3, 6ðð 96IJ7Jð Mre fJr,
IV
City Manager Review: @ ct1 -tUtJ. /tJÞ'fðf
Approved for agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2002\2002-040\CONSTRCT\C02 Fin Higgins AgReq 11.02.04.doc
-_.-- -
DELRAY BEACH 01<
Memorandum ~t?1
AlI·America City ,
Community Improvement , III I!
Horticulturist
1993
2001
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTlß
FROM: NANCY DAVILA, HORTICULTURIST dW
RE: LAKE IDA ROAD FINANCIAL ASSISTANCE AGREEMENT
FOR LANDSCAPING BETWEEN CONGRESS AVENUE &
MILITARY TRAIL - SECOND AMENDMENT
DATE: OCTOBER 26, 2004
ITEM BEFORE THE COMMISSION: The item before the Commission is the request
for approval of the second amendment to the Lake Ida Road Financial Assistance
Agreement with Palm Beach County, extending the deadline to submit an invoice to the
County for reimbursement.
BACKGROUND: The original agreement was approved in August 2002 and required all
requests for reimbursement to be done prior to June 30, 2004. The project was not
accepted for substantial completion until August 2004, and there is a one year
maintenance period which is included in the contract. Due in large part to the one year
maintenance, the contract with the County needed to be amended to extend the
reimbursement period. This will allow the contractor to complete the maintenance by
August 2005 and still have four months to settle all accounting issues.
There are actually two documents being amended as there were two original agreements.
One covered all the medians, except # 6 & # 7, as these were funded through Keep Palm
Beach Beautiful. The balance of the medians was funded through County Commissioner
McCarty's discretionary funds.
RECOMMENDATION: Staff recommends the Commission give favorable
consideration to the amendments to both Financial Assistance Agreements for Lake Ida
Road, between the City and Palm Beach County, which allow for an extension in the
deadline to apply for financial reimbursement.
~E
AMENDMENT WITH THE CITY OF DELRAY BEACH FOR LAKE IDA ROAD BEAUTIFICATION
1 AMENDMENT #2 TO THE FINANCIAL ASSISTANCE AGREEMENT DATED AUGUST 20,
2 2002 WITH THE CITY OF DELRAY DEACH FOR LAKE IDA ROAD BEAUTIFICATION
3 THIS AMENDMENT is made to the Financial Assistance Agreement (R2002-1316)
4 dated August 20,2002, by and between the CITY OF DELRAY BEACH, a municipal
5 corporation ofthe State of Florida, hereinafter "CITY", and the BOARD OF COUNTY
6 COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of
7 Florida, hereinafter "COUNTY".
8 WIT N E SSE T H:
9 WHEREAS, on August 20, 2002, CITY and COUNTY amended a financial assistance
10 agreement (R2002-1316) providing for COUNTY's funding of CITY's planned IMPROVEMENTS
11 on Lake Ida Road in an amount not to exceed THREE HUNDRED THOUSAND and 00/100
12 DOLLARS ($300,000.00); and
13 WHEREAS, on August 20, 2002, COUNTY provided for funding of the
14 IMPROVEMENTS in an amount not to exceed $300,000.00 with CITY that provided a
15 completion date of September 30, 2003; and
16 WHEREAS, the completion date of the IMPROVEMENTS have been delayed due to
17 staffing issues within CITY; and
18 WHEREAS, COUNTY and CITY desire that this amendment shall relate back to August
19 20, 2002, and the Contract continued without interruption nor lapse and its term extended for an
20 additional one (1) year period; and
21 NOW THEREFORE, in consideration of the mutual covenants, promises, and
22 agreements herein contained, the parties agree as follows:
23 1. The Financial Assistance agreement dated August 20, 2002, by and between
24 CITY and County shall be continued, without interruption nor lapse in its term or
25 effect, for an additional one (1) year period commencing on December 7, 2004,
26 and expiring December 31,2005. Accordingly, the Agreement is hereby
27 amended to revise paragraph 9 as follows:
28 9. All installation of these IMPROVEMENTS shall be completed and final
29 invoices submitted to COUNTY no later than December 31,2005 and
30 COUNTY shall have no obligation to CITY or any other entity or person
31 for any cost incurred thereafter.
32 2. It is the intent of the parties hereto that this AMENDMENT shall not become
33 binding until the date executed by the Board of County Commissioners of Palm
34 Beach County.
35 3. All other provisions of the Financial Assistance Agreement dated August 20,
36 2002, shall remain in full force and effect.
AMENDMENT WITH THE CITY OF DELRAY BEACH FOR LAKE IDA ROAD BEAUTIFICATION
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective
2 on the day first above written.
3 PALM BEACH COUNTY, FLORIDA CITY OF DELRA Y BEACH
4 BY ITS BOARD OF COUNTY BY ITS CITY COMMISSION
5 COMMISSIONERS
6 BY: BY:
7 KAREN T. MARCUS, CHAIR MAYOR
8
9 ATTEST: ATTEST:
10 DOROTHY H. WILKEN, CLERK
11 BY: BY:
12 DEPUTY CLERK CITY CLERK
13 BY: BY:
14 APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
15 SUFFICIENCY SUFFICIENCY
16 ASSISTANT COUNTY ATTORNEY CITY ATTORNEY
17 BY:
18 APPROVED AS TO TERMS AND
19 CONDITIONS
F:\MedianlAgreementslAmnd2-DelrayLakeldaRd.doc
AMENDMENT WITH THE CITY OF DELRAY BEACH FOR LAKE IDA ROAD BEAUTIFICATION
.
1 AMENDMENT #2 TO THE FINANCIAL ASSISTANCE AGREEMENT DATED APRIL 16,2002
2 WITH THE CITY OF DELRAY DEACH FOR LAKE IDA ROAD BEAUTIFICATION
3 THIS AMENDMENT is made to the Financial Assistance Agreement (R2002-0522)
4 dated April 16, 2002, by and between the CITY OF DELRAY BEACH, a municipal
5 corporation of the State of Florida, hereinafter "CITY", and the BOARD OF COUNTY
6 COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of
7 Florida, hereinafter "COUNTY".
8 WIT N E SSE T H:
9 WHEREAS, on April 16, 2002, CITY and COUNTY amended a financial assistance
10 agreement (R2002-0522) providing for COUNTY's funding of CITY's planned IMPROVEMENTS
11 on lake Ida Road in an amount not to exceed a maximum of FORTY SIX THOUSAND FIVE
12 HUNDRED FIFTY ONE and 00/100 DOLLARS ($46,551.00); and
13 WHEREAS, on April 16, 2002, COUNTY provided for funding of the IMPROVEMENTS
14 in an amount not to exceed $46,551.00 with CITY that provided a completion date of June 30,
15 2003; and
16 WHEREAS, the completion date of the IMPROVEMENTS have been delayed due to
17 staffing issues within CITY; and
18 WHEREAS, COUNTY and CITY desire that this amendment shall relate back to April
19 16, 2002, and the Contract continued without interruption nor lapse and its term extended for an
20 additional one (1) year period; and
21 NOW THEREFORE, in consideration of the mutual covenants, promises, and
22 agreements herein contained, the parties agree as follows:
23 1. The Financial Assistance agreement dated April 16, 2002, by and between CITY
24 and COUNTY shall be continued, without interruption nor lapse in its term or
25 effect, for an additional one (1) year period commencing on December 7,2004,
26 and expiring December 31,2005. Accordingly, the Agreement is hereby
27 amended to revise paragraph 10 as follows:
28 10. All installation of these IMPROVEMENTS shall be completed and final
29 invoices submitted to COUNTY no later than December 31, 2005 and
30 COUNTY shall have no obligation to CITY or any other entity or person
31 for any cost incurred thereafter.
32 2. It is the intent of the parties hereto that this AMENDMENT shall not become
33 binding until the date executed by the Board of County Commissioners of Palm
34 Beach County.
35 3. All other provisions of the Financial Assistance Agreement dated April 16, 2002,
36 shall remain in full force and effect.
AMENDMENT WITH THE CITY OF DELRAY BEACH FOR LAKE IDA ROAD BEAUTIFICATION
.
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective
2 on the day first above written.
3 PALM BEACH COUNTY, FLORIDA CITY OF DELRA Y BEACH
4 BY ITS BOARD OF COUNTY BY ITS CITY COMMISSION
5 COMMISSIONERS
6 BY: BY:
7 KAREN T. MARCUS, CHAIR MAYOR
8
9 ATTEST: ATTEST:
10 DOROTHY H. WILKEN, CLERK
11 BY: BY:
12 DEPUTY CLERK CITY CLERK
13 BY: BY:
14 APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
15 SUFFICIENCY SUFFICIENCY
16 ASSISTANT COUNTY ATTORNEY CITY ATTORNEY
17 BY:
18 APPROVED AS TO TERMS AND
19 CONDITIONS
F :\MedianlAgreements\Amnd2-DelrayLakeldaRd-2.doc
Date: October 28, 2004 Agenda Item No. <6 ~
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special _ Workshop Consent
-
When: November 2, 2004
Description of Agenda Item:
Lake Ida Road Financial Assistance Agreement for Landscaping between Congress
A venue and Military Trail - Second Amendment
Ordinance/Resolution Required: Yes / ~ Draft Attached: Yes I 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: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
City Manager Review:
Approve~ for agenda: (!!J I NOzpv1
Hold UntIl: :
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
~
[IT' DF DELIA' IEA[H
DELRAY BEACH
, I Q II If)"
tI.e.d 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000
AII·America City
, III I! MEMORANDUM
David T. Harden, City Manager
TO:
1993 ~bert A. Barcinski, Assistant City Manager
2001 FROM:
DATE: October 27,2004
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
NOVEMBER 2, 2004 SPECIAL EVENT APPROVAL
ART & JAZZ ON THE A VENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for December 9,2004 from 6:00 PM to 10:00 PM, to grant a temporary use permit per
LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to NE ¡th
A venue, the south side of Atlantic A venue from NE ¡th A venue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic to NE I sl Street, and NE 2nd A venue from
Atlantic to NE 2nd Street and to authorize staff support for security and traffic control,
banner hanging and removal, barricade set up and removal, clean up, use and setup of
City stages.
BACKGROUND
Attached is a permit request, site plan, budget, insurance certificate, and hold harmless
agreement for this event received from Marjorie Ferrer. The estimated overtime cost
for this event is $6,500. Barricade rental charges are estimated at $350 for private
rental. Per the new event policies Joint Venture will be required to pay 50% of charges
over $5,000 plus cost of private barricade rental.
RECOMMENDATION
Staff recommends endorsement of the event approval of the temporary use permit and
street closure, staff support as requested, and use of the City barricades, with payment
to be made per policies and procedures.
RAB:ibg
cc: Lt. Geoff Williams
Joe Weldon
Tim Simmons
Harold Bellinger
Ass't Chief Bill Adams
Jim Schmitz
* Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ?S~
.
. DELRAY BEACH
CIty of Delray Beach ' , . . , . .
Special Event Permit ~
Application , 1III '
PLEASE TYPE OR PRINT 1993 ®
2001
Event NamefTïtle: A Itr" -:JÅ :2 1. cD fÝ 1 ~ C! A II e ,. IJ e..
Event Date(s): f)IfC/f.,t4ß/;/< q ~()ð'/
,
Event Time(s): lø ~ P ~ - I () ~ f"'"
Event Sponsor/Producer: .1; ,,.,.r ÝeArv 1fÞ~
Event Contact/Coordinator: /")A ~t2JE PJ:tRQe OL.
Name: ¡fJAU/)n./~ p~/'V
Address: I: ~ 5 f: S A V ~ - tp€L.~"" ß fA C 1/
Telephone Number: ~1'1- /3 k'o '>lll, Cellular Number: ~ 1/- 3/' ~
E-mail Address: ¡1)4æ.:U~Je ~ 1;J¡;M.4~ OEJ4rH. t() IY
Event Description/Purpose: þ.,. .,.fÁ. 2- '). ÐN 1"H tE AIIP /VU Ii -
;;/1 ¡¡ VeNr -rHA i' }?'AJh/, S r/(i,Jv"s4/t1P $ I!)';
Plff) P /.&- 7'() () LI ~ J)ð lIIAI!)HI/V A If e A -
, .j) )I/P~5/l: ~ r:t76 e/.I/A'F5$ ~ ~¡)~ ME"t'IIAN~-
A t)p II 0 é
.
Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private)(
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
· ~ ~~r/t ~ve FIlfi;~~ ~ AI~~ 7 AV(ø
· I) J J) LJ}: II - ~Z!! 1lJ ~Jí JJuJt::
, II..A L~ðP u/Â'I PADN} ATUNrJe. A VIE riJ AI~ J Jr. AÞ(H~a. þ(/ß
· II t" 7 ~ .A LK"- F fl /)'t, . ¡If" 4JYÍí: A 1/ e 7'1J' M~ / V oS,/.
/'
~ite plan attached yes )( no
f}Pe plan required for entire event site)
V ~-"ent budget attached yes )( no
(Required for all events) r )
Serving or selling alcoholic beverages yes no ><... ®
(If yes, copy of license and a/coho/liability insurance required two (2) weeKs prior
tf\ "vent)
. .
~ 6Ë~¡¿ ßOØTH-
.
.
Event certificate of insurance attached yes >< no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music yes X no ( Arr"~H~¡;J
,
(Waiver req~) '.Jt ~Æð
-.1( ~tfl,lIesr UÅ'&i'~.¡'Vø ~
Requesting Police assistance yes no
(traffic control/security)
Will supplement with private security yes no X
(If yes, need plan attached)
Requesting Emergency Medical assistance yes no X.
Requesting barricade assistance yes .x no
Requesting trash removal/clean up assistance yes X no
Requesting trash boxes and liners yes X no
Requesting stage use yes no X--
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0
Requesting signage yes no
Type: Event sign Directional signs Pfh 0 12..
Banner hanging )( Indicate dates required I W~t<
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors yes no ~
If yes, approximate number )(...
Health Department approval yes no
Other vendors yes no ~
Tents yes no K
(If yes, tent permits and fire inspections maybë needed) j) ~ ð,f/ l. i>
.s P(),f'S, Ie ø -n.5 'F
Will the event include amusement rides yes no ~
(If yes, type and location and copy of liability insurance required)
Will the event be gated yes no X
(Show on-site map)
2
,
.
Will there be fireworks or other pyrotechnics yes no ;x.
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes"- no ~
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event yes X-- no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) ðti .JITE Mfi J:>
Will there be a charge for the event yes no
(If yes, indicate ticket prices)
Is reserved parking requested yes no
(If yes, indicate locations)
\~~ fOf1()'f
EveWnt Contractor/Coordinator r~Ett..
Date
Please print:---ØA- t2.. .Tlltl e
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
Fo~ Staff Use on/Vi ~ ø It!
Date Received 10 I ~ Application fee received $ I~d ~A
/' 1f; nLL-eJ,J
Site map /
Budget V ~
Certificate of insurance V /'
Hold Harmless agreement
Security plan /'"
Waiver alcoholic beverage r/ lil:f'
Railroad approval (J" '-':£' I V,
Coast Guard approval .'t. /' /~ ~
' I~
501c(3) or (d) certificate or letter C¡f',<:. <'00.
Health Department approval Y 1Li''''" '{
-1tv '.
Fire Inspector approval -1Gk-~
Police Department approval c
Public Works approval
Parks and Recreation approval
City Commission approval
3
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID S~ DATE (MM/DDIYYYY)
DOWNT-2 12/29/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The P1astridge Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
820 N.E. 6th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O.Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
De1ray Beach FL 33447-0730
Phone: 561-276-5221 Fax: 561-276-5244 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER "'- Scottsdale Insurance company
INSURER B:
Downtown De1ray Beach Joint INSURER c:
Venture
64 S.E. 5th Avenue INSURER D:
De1ray Beach FL 33444 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ExCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MMIÕD¡Wf DATE IMM/DDlYY LIMITS
GENERAL LlABIUTY . EACH OCCURRENCE $ 1000000
f-
A X X COMMERCIAL GENERAL LIABILITY CLS0737702 01/23/04 01/23/05 PREMISES (Ea occurance) $ 50000
I CLAIMS MADE ŒJ OCCUR MED EXP (Any ana person) $ exel
f- PERSONAL & ADV INJURY $ 1000000
GENERAL AGGREGATE $ 1000000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ axel
n POLICY n ~r8r n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
Atf'f AUTO (Ea acci:lent)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Par person)
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Par accidant)
-
- PROPERTY DAMAGE $
(Par accidenl)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $
::J OCCUR o CLAIMS MADE AGGREGATE $
$
==¡ DEDUCTIBLE $
RETENTION S $
WORKERS COMPENSATION AND I TORY LlMITŠ I ¡UIN-
ER
EMPLOYERS' UABILlTY E.L EACH ACCIDENT $
Atf'f PRO?RIETORIPARTNERlEY.ECIJTIVE
OFFICERJMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
" ~' describe under E.L. DISEASE· POLICY LIMIT S
S EC1AL PROVISIONS beIot.>
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Special Events - 5 Art & Jazz on the Avenue/ 8 Summer
Nights on the Avenue / Ba1100n Glow. The City of De1ray Beach is listed as
additional insured with respect to General Liability ONLY.
CERTIFICATE HOLDER CANCELLATION
CITYD-1 SHOULO AllY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Delray Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
100 N.W. 1st Avenue REPRESENTATIVES.
Delray Beach FL 33483 AUTHORIZED REPRESENTATIVE ~-
ACORD 25 (2001/08)
·
SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Downtown DetravBeach Joint Venture in consideration of the payment of ten (10)
(Name of Entity)
dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless
and defend the City of Delray Beach, its agents and employees from all suits, actions
and claims including attorney's fees and costs attendant to any claim, litigation,
administrative proceeding, appeal and judgment of every name and description brought
against the City as a result of loss, damage or injury to person or property arising from
and in exchange for the Downtown Delrav Beach Joint Venture use of City facilities or
(Name of Entity)
property 'for the special event of "ART & JAZ2 and hereby releases the City of Delray
Beach, its agents and employees from all suits, actions ahd claims including attorney's
fees and costs attendant to any daim, litigation, administrative proceedings, appeal and
judgment of every name and description brought against the City as a result of loss,
damage or injury to person or property arising from the spedal event of ART & JAZ2
(Name of Entity)
* This Indemnification and Hold Harmless and Defend Agreement is only to the extent
of insurance, maintained by the Downtown Delray Beach Joint Venture as covered
under Scottsdale Insurance Company Policy number CLS0737702
ART & JAZZ
(Name of Special Event) (Ø:.MM &
S,h( /~
.
Witness Mi ael Listick, Chairman
,îFl/YlA KL-e-líÝ~A/ Delray Beach Joint Venture
Print Name Michael Listick
Print Name
Witness
17~æl=,(A rRAI/A1'FLt-U
¡9¡(INr name
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City of Delray Beach Community Development Division
M E M 0 RAN D U M
TO: David T. Harden, City Manager
THRU: Lula Butler, Community Improvement Director ®
FROM: Kendra W. Graham, Community Development Administrator ~
DATE: October 29,2004
SUBJECT: Community Development Block Grant Subrecipient Funding Agreement
Aid to Victims of Domestic Abuse, Inc.
ITEM BEFORE THE COMMISSION
Approval is requested to execute an agreement for funding with the above-listed subrecipient .
Funding was allocated under the 2002-2003 Community Development Block Grant (CDGB)
Program.
BACKGROUND
In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on
August 6, 2002, to obtain public comments on the proposed budget and for the approval of the
Community Development Block Grant Consolidated Action Plan for Fiscal year 2002-2003. The
Action Plan contained an appropriation for A VDA, and was approved by the Commission.
CDBG Program regulations at 24CFR 570.503 require written agreements prior to the
disbursement of funds to subrecipient organizations, specifying the work to be performed and
reporting, among other necessary requirements and governing provisions. This agreement has
been developed in accordance with the stated regulations and has been reviewed and approved by
the City Attorney for legal sufficiency and form.
Execution of the written agreement with A VDA was delayed until the construction of their new
day care facility was completed.
RECOMMENDATION
Staff recommends approval and execution of the attached agreement in order that funding may
proceed in accordance with the Commission approved Action Plan for Fiscal Year 2002-2003.
gG
-
FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRA Y BEACH
and AID TO VICTIMS OF DOMESTIC ABUSE. INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and AID TO VICTIMS OF
DOMESTIC ABUSE, hereinafter referred to as "AVDA," having its mailing address as P.O. Box
667, Delray Beach, FL 33447-0667.
WIT N E SSE T H:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1
--- ---------
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which AVDA will
implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
AVDA shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Fiftv Thousand
dollars ($50.000.00).
3.2 The CITY will be billed by AVDA and will disburse one lump sum payment to be made
no later than December 31,2004. Bills shall be submitted by AVDA at least two weeks
in advance.
3.3 Status reports shall be submitted by A VDA per the following schedule, in a format
prescribed by the CITY:
a. An annual report is due on October 10, 2005, in a format prescribed by the
CITY, showing condition and use of said equipment.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2004, to September 30, 2005.
2
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/Aareement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by A VDA as a condition precedent to resumption of payments and shall specify a
reasonable date for compliance. Sufficient cause for suspension of payments shall
include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to AVDA. If
this Agreement is terminated by the CITY as provided herein, AVDA will be paid for
allowable services performed under Article II of this Agreement until the effective date of
the termination.
5.3 Termination for Convenience of AVDA: At any time during the term of this Agreement,
AVDA may, at its option and for any reason, terminate this Agreement upon ten (10)
working days written notice to the CITY. Upon termination, A VDA shall be paid for
services rendered pursuant to this Agreement through and including the date of
termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 A VDA agrees to retain supporting documentation relating to activities funded by this
Agreement for a period of five years after the termination of the Agreement.
6.2 A VDA shall submit annual reports in a format prescribed by the CITY per the schedule in
Article III of this Agreement.
6.3 AVDA agrees to submit upon request other documentation which may later be
determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
A VDA agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It
is not anticipated that program income shall be generated from this allocation. However, such
income, if generated, may be retained by AVDA and used for costs that are in addition to the
approved costs of this agreement, provided that such costs specifically further the objectives of
this agreement. Under no circumstances shall A VDA use program income to pay for charges or
expenses that are specifically not allowed pursuant to the terms of this agreement and
applicable federal regulations or rules. The use of program income by A VDA shall comply with
the requirements set forth at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
A VDA shall ensure that all publicity, public relations, advertisements and signs, recognize the
CITY and the CDBG Program for the support of all contracted activities. The use of the official
CITY logo is permissible, but all signs used to publicize CITY contracted activities must be
approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State. County and CITY Laws and Requlations: A VDA shall comply with
applicable provisions of applicable federal, state, County, and CITY laws, regulations
and rules, including OMB A-122, OMB A-21 , OMB A-133.
A VDA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of
1964, as amended, which prohibits discrimination on the basis of race, color, or national
origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination
on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive
Order 11063 which prohibits discrimination in housing on the basis of race, color,
religion, sex, or national origin; Executive Order 11246, as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy
efficiency.
A VDA shall report its compliance with Section 504 of the Rehabilitation Act whenever so
requested by the CITY. A VDA shall comply with all applicable requirements of the
Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those
provisions pertaining to employment, program services, transportation, communications,
access to facilities, renovations, and new construction.
AVDA shall comply with all federal laws and regulations pertaining to environmental
standards described in 24 CFR Subpart K, except that:
a. AVDA does not assume the CITY's environmental responsibilities described at
570.604, and
b. A VDA does not assume the CITY's responsibility for initiating the review process
under the provisions of 24 CFR part 52.
4
9.2 Opportunities for Residents and Civil RiQhts Compliance: AVDA agrees that no person
shall on the grounds of race, color, national origin, religion, or sex be excluded from the
benefits of, or be subjected to, discrimination under any activity carried out by the
performance of this Agreement. To the greatest feasible extent, lower-income residents
of the project areas shall be given opportunities for training and employment; and to the
greatest feasible extent, eligible business concerns located in or owned in substantial
part by persons residing in the project areas shall be awarded contracts in connection
with the project.
9.3 Evaluation and MonitorinQ: AVDA agrees that the CITY will carry out periodic monitoring
and evaluation activities as determined necessary and that the continuation and/or
renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such
evaluations will be based on the terms of this Agreement, comparisons of planned
versus actual progress relating to activity scheduling, budgets, audit reports, and output
measures. A VDA agrees to furnish upon request to the CITY and make copies of
transcriptions of such records and information as is determined necessary by the CITY.
A VDA shall submit on a schedule set by the CITY and at other times upon request,
information and status reports required by the CITY to enable the evaluation of said
progress and to allow for completion of reports required of the CITY by HUD. The
CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site
visits may be scheduled or unscheduled as determined by the CITY or HUD.
9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMS A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMS A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
A VDA shall maintain all records in accordance with generally accepted accounting
principles, procedures, and practices which shall sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by the CITY pursuant
to the terms of this agreement.
9.5 Uniform Administrative Requirements: A VDA agrees to maintain books, records and
documents in accordance with accounting procedures and practices which sufficiently
and properly reflect all expenditures of funds provided by the CITY under this
Agreement. A VOA is required to comply with the following uniform administrative
requirements:
a. Specific provisions of the uniform administrative requirements of OMS Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
5
9.6 Lobbvinq Prohibition: AVDA shall certify that no federal appropriated funds have been
paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal Agreement, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative Agreement,
and the extension, continuation, renewal, amendment, or modification of any federal
Agreement, grant, loan, or cooperative Agreement.
A VDA shall disclose to the CITY if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement.
9.7 Section 3 Requirements: AVDA agrees to comply with all Section 3 requirements
applicable to contracts funded through this Agreement. Information on Section 3 is
available from the CITY upon request. A VDA shall include the following, referred to as
the Section 3 Clause, in every solicitation and every contract for every Section 3 covered
project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
C. A VDA agrees to send to each labor organization or representative of workers with
which AVDA has a collective bargaining Agreement or other understanding, if any, a
notice advising the labor organization or workers representative of the
CONTRACTOR's commitment under this Section 3 clause, and will post copies of
the notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. AVDA agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
6
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. AVDA will not subcontract with any subcontractor where AVDA has
notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR Part 135.
e. A VDA will certify that any vacant employment positions, including training positions,
that are filled (1) after AVDA is selected but before the contract is executed and (2)
with persons other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent AVDA's
obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
9.8 Insurance: A VDA shall furnish to the CITY, c/o the Community Improvement
Department, certificate(s) of insurance evidencing coverage that meets the requirements
outlined in Attachment C.
9.9 Property: Any real property under AVDA's control that was acquired or improved in
whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be
either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case AVDA shall pay to the
CITY an amount equal to the market value of the property as may be determined by
the CITY, less any proportionate portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement
is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under A VDA's control that was acquired or improved in whole or in
part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the
expiration or termination of this contract, in accordance with instructions from the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to AVDA after being purchased in whole or in
part with funds from the CITY, shall be listed in the property records of AVDA and shall
include a legal description, size, date of acquisition, value at time of acquisition, present
market value, present condition, address or location, owner's name if different from
AVDA, information on the transfer or disposition of the property, and map. The property
records shall describe the programmatic purpose for which the property was acquired
and identify the CDBG national objective that will be met. If the property was improved,
the records shall describe the programmatic purpose for which the improvements were
made and identify the CDBG national objective that will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of AVDA
and shall include a description of the property, location, model number, manufacturer's
serial number, date of acquisition, funding source, unit cost at the time of acquisition,
7
present market value, property inventory number, information on its condition, and
information on transfer, replacement, or disposition of the property.
A VDA shall obtain prior written approval from the CITY for the disposition of real
property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to AVDA pursuant to the terms of this
agreement. A VDA shall dispose of all such property in accordance with instructions
from the CITY. Those instructions may require the return of all such property to the
CITY.
9.10 Reversion of Assets: AVDA shall return to the CITY, upon expiration or termination of
this Agreement, all the assets owned or held as a result of this Agreement, including, but
not limited to any funds on hand, any accounts receivable attributable to these funds,
mortgages, notes, and other collateral and any overpayments due to unearned funds or
costs disallowed pursuant to the terms of this Agreement that were disbursed to the
AVDA by the CITY. AVOA shall within 30 days of expiration or termination of this
Agreement execute any and all documents as required by the CITY to effectuate the
reversion of assets. Any funds not earned, as described and provided for in OMB A-
122, by A VOA prior to the expiration or termination of this Agreement shall be retained
by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from A VDA shall be
in writing. Any waiver shall not be construed to be a modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between AVDA and the CITY, the
CITY shall refer the questions, including the views of all interested parties and the
recommendation of the CITY, to the City Manager for determination. The City Manager,
or an authorized representative, will issue a determination within 30 calendar days of
receipt and so advise the CITY and AVDA, or in the event additional time is necessary,
the CITY will notify AVDA within the 30 day period that additional time is necessary.
AVDA agrees that the City Manager's determination shall be final and binding on all
parties.
9.15 Indemnification: To the extent provided by law, AVDA shall indemnify and hold harmless
and defend the CITY, its agents, employees, and elected officers from and against any
and all claims, demands or causes of action of whatsoever kind or nature arising out of
8
error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents,
employees or officers in the performance of services under this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES: AID TO VICTIMS OF DOMESTIC ABUSE, INC.
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of ,
200_, by ,who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to form:
City Attorney
9
ATTACHMENT "A"
Aid To Victims of Domestic Abuse, Inc. (AVDA) agrees to:
1. PURCHASE OF EQUIPMENT: Purchase playground equipment needed to complete new
daycare facility, located at P.O. Box 667, Delray Beach, FL 33447-0667. The CITY shall file
a lien on all equipment purchased with CITY funds. Such lien will be filed within one week
of AVDA being reimbursed by the CITY for the equipment purchased.
Note 1: Purchase of said equipment is subject to the CITY's Purchasing Ordinance. Under
the Ordinance, the threshold dollar amount at which the formal competitive sealed bid
process must be used is $15,000. AVDA shall submit its bid package and specifications to
the CITY and obtain a letter of approval prior to bidding. For purchases from $6,000 to
$14,999, AVDA shall submit three written quotes to the CITY and for purchases from $1,000
to $5,999, AVDA shall submit three quotes, either verbal, electronic or written.
AVDA further agrees that the CITY shall be the final arbiter on AVDA's compliance with the
above.
2. INVENTORY AND MAINTENANCE: Simultaneously with the request for reimbursement to
the CITY, AVDA shall provide the CITY with a list of said equipment that includes a
description of the equipment; serial number or other identification number, if applicable;
source of the equipment; acquisition date; purchase price; and location of the equipment.
Additionally, AVDA will make the equipment available annually for inspection by the CITY
and must also provide annually to the CITY a report on the condition and use of said
equipment. The CITY reserves the right to inspect said equipment on site.
AVDA shall maintain said equipment at AVDA's own cost and expense, in good repair and
condition. A VDA shall also keep the equipment insured for the replacement cost of the
equipment against theft, loss, damage, and loss to persons or property.
The provisions of this clause shall survive the expiration of this Agreement.
3. DISPOSITION: Disposition of the equipment is subject to prior written approval of the
CITY's Community Improvement Director or designee. If for any reason the said equipment
is not maintained, used for its intended purpose, or kept in a state of good condition, AVDA
shall repay the full value of this grant, unless otherwise specified by the CITY. The CITY or
its designee reserves the right to make the determination relating to A VDA's use and
maintenance of the equipment.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NON PROFITS)
Unallowable Allowable
Advertising "
Bad debts "
Bonding "
Communication "
Compensation, personnel services "
Contingency provisions "
Contributions (to others) "
Depreciation, use allowance "
Donations (from others) "
Employee morale, health, welfare "
Entertainment "
Equipment "**
Fines, penalties "
Fringe benefits "
Fund raising, interest, investment management "
Idle facility, idle capacity "
Insurance & indemnification "
Interest
Labor relations "
Lobbying "
Losses on other awards "
Maintenance, repair "
Materials, supplies "
Memberships, subscriptions, professional activity "
Organization costs "**
Overtime, shift premiums "**
Page charges in professional journals (research) ."
Participant support costs "**
Patent costs "
Pension plans "
Plant security "
Pre-award costs "**
Professional services "
Profits, losses on asset disposition "*
Public information service "***
Publication and printing costs "***
Rearrangement, facility alteration "**
Reconversion costs "
Recruiting "
Relocation "*
Rental "
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NON PROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights V
Severance pay V
Specialized service facilities V
Taxes V
Termination-related costs V
Training, education V
Transportation V
Travel v*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that AVDA does not own any vehicles, we will accept hired and non-owned coverage
in the amounts listed above. In addition, we will require an affidavit signed AVDA indicating the
following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
A VDA's Signature:
AGENDA REQUEST ~G
Request to be placed on: Date: October 29,2004
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
xxxx Consent Agenda When: November 2, 2004
Description of item:
Request to approve and execute a subrecipient agreement with Aid to Victims of
Domestic Abuse. Inc. (A VDA) for funding which was allocated under Fiscal Year 2002-
2003 CDBG Grant Program. Funding will be made available from the CDBG budget.
Total funding is $50.000.
ORDINANCE / RESOLUTION REQUIRED: YESINO Draft Attached: YESINO
Recommendation:
Staff recommends approval and execution of the subrecepient agreements for funding.
Department Head Signature:
City Attorney ReviewIRecornmendation (if applicable):
Budget Director Review (requiredl all ~tems involving expenditure of funds):
~f1-~~ f/J,J¿ ~
unding Available: YESINO
Funding Alternatives:
Account No. & Description:
Account Balance: .
City Manager Review:
Approved for Agenda: @>1N11
Hold Until: f)J I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action : Approved/Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CTIYMANAGERtflj
SUBJECT: AGENDA ITEM # ~ f\ - REGULAR MEETING OF NOVEMBER 2.2004
CITY RECOGNITION AND GIFTS POLICY
DATE: OCTOBER 29, 2004
This is before the City Commission to approve the City Recognition and Gifts Policy.
The purpose of this policy is to set forth the guidelines for presentation by the City Commission of
Keys to the City, proclamations, certificates of appreciation, and other gifts and mementos to
organizations, citizens, visitors, or employees for outstanding service to the City of Delray Beach.
Recommend approval of the attached City Recognition and Gifts Policy.
s: \City Clerk \agenda memos \City Recognition and Gifts Policy.l1.02.04
.-------- ------~-
CITY RECOGNITION AND GIFTS POLICY
Purpose:
The purpose of this policy is to set forth the guidelines for presentation by the City
Commission of Keys to the City, proclamations, certificates of appreciation and other
gifts and mementos to organizations, citizens, visitors, or employees for outstanding
service to the City of Delray Beach.
Policy:
The City Manager's Office will keep a supply of Keys to the City, Proclamations, Special
Recognition Awards, and other gifts and mementos for presentation to citizens,
organizations, visitors or employees to give them full public recognition of the honor they
bring to themselves and the community.
Key to the City - A warding the Key to the City is the highest honor which the Mayor and
City Commission can bestow upon an individual and/or an organization. Keys will
typically be presented to honor outstanding service by citizens and dignitaries or elected
officials visiting the community as a token of friendship, esteem and recognition for their
distinguished servIce to mankind. Recommendations of individuals and/or an
organization to be honored with a Key to the City shall be placed on the Consent Agenda
for approval by the Commission. When a Key to the City is presented to an individual
outside of a Commission Meeting, it should be presented by the Mayor, Vice-Mayor or
another Commissioner if possible.
Proclamations - These recognize long standing employees and other individuals,
businesses and organizations that provide exceptional service to the community, and
noteworthy events that occur on specific dates or during specific weeks or months.
Proclamations requested by City Commissioners will be presented to the Mayor by the
City Manager's Office for signature.
Special Recognition Awards - Such awards recogmze outstanding individual
achievements and are to be signed by the Mayor. Recommendations for Special
Recognition A wards shall be placed on the Consent Agenda. This award may be
presented to individuals under any of the following circumstances:
A. Citizens whose actions exemplify excellence III performance of CIVIC
responsibilities, showing unselfish devotion to their fellow human beings and
community, and/or bring honor to themselves and recognition to the City through
their actions.
B. Employees whose actions or community involvement bring positive recognition
to their Department or to the City.
Other City gifts and mementos - City Commission members, while attending local or out-
of-town conferences or meetings as a City representative may distribute gifts, pins and
other City recognition items. The City Manager, Assistant City Managers, or other
designee may also distribute these City recognition items if so directed.
Procedure:
Staff in the City Manager's Office is responsible for administering the policy on City
recognition awards and shall suggest the appropriate type of recognition.
A recognition request must include the presentation date, properly spelled name(s) of
recipient(s), and the exact wording for the key to the city, proclamation, or certificate.
Department heads who wish to have a proclamation, or certificate presented at a City
Commission meeting must submit their request(s) in writing to the City Manager.
If the key to the city, proclamation or certificate is to be presented at a City Commission
meeting, the City Manager's Office is responsible for placing the presentation on the
agenda through the agenda coordinator in the City Clerk's Office.
The City will maintain a variety of gifts and mementos for visitors and dignitaries as
selected and directed by the City Commission. Staff in the City Manager's Office will
purchase and maintain the inventory of such gifts.
------------ ______n_ ___ ___
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM #:t:. - REGULAR MEETING NOVEMBER 2, 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 29, 2004
Attached is the Report of Appealable Land Use Items for the period October 18, 2004 through October
29,2004. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmem.lL0204
t :;ii::: ''''H }'m!!~~1YH~_~!'.~1.~l1lfJf' .... "," "HHH'H' HJ:rl,H' "H!m¡l~
TO: DAVIDT.~I~ER
THRU: PAUL DORLlNG, DIRECTO F PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANNERlt<b"'""~ ~
SUBJECT: MEETING OF NOVEMBER , 2004 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 18, 2004 THRU
OCTOBER 29, 2004
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,.',.-. The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of October 18, 2004 through October 29, 2004.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies.
In summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item.
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No appealable items were considered by the Planning and Zoning Board. The following items
which were considered by the Board have been forwarded to the City Commission for action.
· Recommended approval (5 to 0, Mark Krall absent, and Joseph Pike stepped down), of a
Future Land Use Map amendment from County HR-8 (High Density Residential -8 units per
acre) to City MD (Medium Density Residential 5-12 du/ac) and annexation with initial City
zoning of RM-8 (Medium Density Residential-8 units per acre) for Gramercy, located 260
feet west of Military Trail and 710 feet south of West Atlantic Avenue.
· Recommended approval (5 to 0, Joseph Pike stepped down), of a rezoning from CF
(Community Facilities) in Part and R-1-A (Single Family Residential) in part to RM (Medium
Density Residential) for The Cottages at Banyan Village, located at the southwest corner of
South Swinton Avenue and SW 10th Street.
· Recommended approval (5 to 1, Joseph Pike dissenting), of a City initiated amendment to
the Land Development Regulations Section 4.3.4(K), "Development Standards Matrix", to
provide for a change in the minimum building setbacks and Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", to provide for changes to the principal uses,
accessory uses, conditional uses, review and approval process, development standards and
special district regulations in order to help regulate development size, massing and scale.
____"__._n___ --
City Commission Documentation
Appealable Items Meeting of November 2, 2004
Page 2
· Recommended approval (6 to 0), of a City initiated amendment to the Land Development
Regulations Section 1.3.6(A), "Repairs and Maintenance", to allow repair and maintenance
to nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures.
· Recommended approval (6 to 0), of a City initiated amendment to the Land Development
Regulations Section 2.4.6(H) "Temporary Use Permit" regarding horse drawn carriages to
allow owners/operators which have a license agreement approved by City Commission to
operate for special events, and for limited hours in the summer season.
· Recommended approval (6 to 0), of a City initiated amendment to the Land Development
Regulation Appendix "A" "Definitions" to provide a more detailed definition of "sign".
· Recommended approval (6 to 0), of a City initiated amendment to the Land Development
Regulations Subsection 4.3.3(0)(1), "Application"; Subsection 4.3.4(J)(4), "Increases to
Height Regulations"; Subsection 4.3.4(K), "Development Standards Matrix"; Section 4.4.9,
"General Commercial (GC) district; Section 4.4.13, "Central Business (CBD) District";
Subsection 4.4.24(F), "Development Standards"; Section 4.5.6, "The West Atlantic Overlay
District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning
Districts With a Thirty-five (35) Foot Height Limitation"; Subsection 4.6.9(E)(3), "In-lieu Fee"
and Subsection 4.6.18, "Architectural Elevations and Aesthetics" in order to integrate the
West Atlantic Avenue Overlay District into the CBD (Central Business District) zoning
classification.
· Recommended approval with conditions (6 to 0), of a combined preliminary/final plat for
town homes of Versilla (fka Terraces at Delray Beach), an 8-unit townhouse development,
located at the northwest corner of SE ¡th Avenue and SE 1 st Street.
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A. Approved (4 to 0, Mark Gregory and Reginald Cox absent, Nancy Stewart arrived late), a
request to modify the master sign program to add Steak 'n Shake within the Linton Center,
located at the southeast corner of Linton Boulevard and Waterford Boulevard (1210 Linton
Boulevard).
B. Postponed (5 to 0), a request for flat wall signs for PMK Securities, located on the north
side of East Atlantic Avenue, east of NE 1st Avenue (105 East Atlantic Avenue).
C. Approved (5 to 0), a request for a color change for Love Realty Building, an existing
commercial building, located on the north side of East Atlantic Avenue, east of NE 1 st
Avenue (133-135 East Atlantic Avenue).
D. Approved (5 to 0), a request for a color change for Cugini Grille, an existing commercial
building, located on the south side of East Atlantic Avenue, between SE 2nd Avenue and SE
3rd Avenue (270 East Atlantic Avenue).
E. Approved (5 to 0), a Class I site plan modification and architectural elevation plan
associated with the replacement of the existing guardhouse and entrance signs for
Rainberry Bay, located on the north side of Lake Ida Road and Rainberry Boulevard (2501
Rainberry Boulevard).
---
City Commission Documentation
Appealable Items Meeting of November 2, 2004
Page 3
F. Approved (5 to 0) a Class I site plan modification and architectural elevation plan associated
with the addition of an awning for Kyoto (Ocean City Lumber), located on the east side of
Pineapple Grove Way (NE 2nd Avenue), north of East Atlantic Avenue (5 Pineapple Grove
Way).
G. Approved with conditions (4 to 0, Dan Carter stepped down), a Class III site plan
modification associated with the construction of a mixed-use development comprising of
8,155 sq. ft. of retail floor area, 2,485 sq. ft. of office and 90 residential dwelling units for
Astor (fka Villas in the Grove), located at the northeast corner of Pineapple Grove Way and
NE 1st Street (111 Pineapple Grove Way). The modified proposal results in the addition of
99 sq. ft. of retail floor area, an additional 347 sq. ft. of office floor area and 7 additional
parking spaces within Building One and an additional 19 parking spaces in Building Two.
H. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural
elevation associated with the construction of four (4) professional/medical office buildings
totaling 30,724 sq. ft. to be known as Coral Trace Office Park, located at the northwest
corner of West Atlantic Avenue and Coral Trace Boulevard. Concurrently, the Board
approved on a 4 to 1 vote (Christina Morrison dissenting) a waiver request to reduce the
required stacking distance from 50' at the West Atlantic Avenue and Coral Trace Boulevard
to 48 feet and 23 feet respectively.
I. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural
elevation plan for Tropic Cay, a proposed eight (8) unit townhouse development, located at
the northeast corner of Frederick Boulevard and Fladell's Avenue.
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1. Approved with conditions (6 to 0, Jeffrey Silberstein absent), a request for a Certificate of
Appropriateness associated with the construction of an addition and installation of a
swimming pool for 520 NE 3fd Avenue, a non-contributing residence, located on the west
side of NE 3fd Avenue north of NE 5th Street.
No other appealable items were considered by the Board. The following agenda items were
considered by the Board.
. The Board on a 6 to 0 vote, tabled the proposed designation of the Dell Park Historic District
to the November 17,2004, meeting.
. The Board on a 6 to 0 vote, set a public hearing date of November 3, 2004 for the
designation as a local historic site for the DeWitt Estate, located at 1110 North Swinton
Avenue
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By motion, receive and file this report.
Attached: Location Map
------
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - GULF STREAM BL VD.
NOVEMBER 2, 2004
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A. STEAK' N SHAKE G. ASTOR CONDOMIUMS
B. PMK SECURITIES H. CORAL TRACE OFFICE PARK - - - - - CITY LIMITS - - - - -
C. LOVE REAL TY BUILDINGS I. TROPIC CA Y
D. CUGINI GRILLE I ONE MILE I
E. RAINBERRY BLVD
F. KYOTO'S GRAPHIC SCALE
HPB CITY OF DELRA Y BEACH. FL
PLANNING & ZONING DEPARTMENT
1. 520 NE 3RD AVE NOVEMBER 2004
- - DIGITAL BASE MAP SYSTEM --
--
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ðM
,r ,
SUBJECT: AGENDA ITEM # gT- REGULAR MEETING OF NOVEMBER 2. 2004
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 29, 2004
This is before the City Commission to approve the award of the following bids:
1. Contract award to Eimco Water Technologies, Inc. in the amount of $187,830.00 for the
rehabilitation of Clarifier No. 1 at the Water Treatment Plant Project. Funding is available from
442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery and
Equipment).
2. Purchase award to Line-Tech, Inc. in the amount of $50,000.00 via the city of Boynton Beach
Contract for water service relocation. Funding is available from 442-5178-536-65.17
(Water/Sewer Renewal and Replacement Fund/Water Service Relocations).
3. Purchase award to Chaz Equipment in the amount of $50,000.00 for sanitary sewer manhole
rehabilitation. Funding is available from 442-5178-536-61.84 (Water/Sewer Renewal and
Replacement Fund/Manhole Rehabilitation).
4. Purchase award to Duval Ford in the amount of $19,376.00 via the State of Florida Contract for
the purchase of one (1) 1-Ton Utility Body Pickup Truck for the Water & Sewer Network
Division. Funding is available from 441-5161-536-64.25 (Water/Sewer Fund/Heavy Equipment).
5. The following items are associated with the Capacity Upgrade of Lift Station 100A Project:
a. Purchase award to Southeastern Pump in the amount of $19,257.00 for the purchase of
pumps, rails, breakaway fittings, and electrical components.
b. Purchase award to R.B. Grove, Inc. in the amount of $33,450.00 for the purchase of a
fixed 125 KV A fixed generator.
c. Contract award to Murray Logan Construction, Inc. in the amount of $48,000.00 via the
Northern Palm Beach County Improvement District Contract for labor and equipment.
Funding is available from 441-5181-536-69.29 (Water/Sewer Fund/LS100A Capacity Upgrade).
6. Purchase award to Garber Ford Fleet Sales in the amount of $17,276.00 via the Sheriffs
Association and Florida Association Contract for the purchase of one (1) %-Ton Utility Body
Pickup Truck for the Parks and Recreation Department. Funding is available from 501-3312-
591-64.20 (Central Garage Fund/ Automotive).
7. Purchase award to Florida Rural Water Association (FRWA) in the amount of $64,400.00 for the
purchase of thirteen (13) Skid Mounted Generators. Funding is available from 441-5181-536-
64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery and Equipment).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo. t 1.02.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.~
Deputy Director of Pub . tI ¡tIes
DATE: October 20, 2004
SUBJECT: Rehabilitation of Clarifier No. 1
Water Treatment Plant
Attached is an Agenda Request, location map and a proposal for rehabilitation of Clarifier No. I at
the Water Treatment Plant. Our operational records indicate a continued increase in torque as well
as excessive wear on the bearings and other mechanical components of the Clarifier, which
demonstrate the need for rehabilitation. Also included with this proposal is complete sand blasting
and painting of the metal surfaces within the clarifier. Eimco Process Equipment Company is the
sole source provider of our equipment. The total amount of this work is $187,830.00 and funding
will be available from R&R Account # 442-5178-536-64.90, Other Machinery and Equipment.
Please place this item on the November 2, 2004 Agenda for consideration by City Commission.
CDB/pd
cc: Richard Hasko, P.E., Director of Environmental Services
John Bullard, Manager of Water Treatment Plant
City Clerks Office
Agenda File
U :\wwdata\Beatty\Memos\Rehab of Clarifier 1-102004.doc ~Ji.
CLARIFIER UNIT +1
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WATER TREATMENT PLANT 200 S.W. 6TH ST.
rn " CITY of DELRA Y BEACH WATER TREATMENT PLANT DA1£: OCT '04
etmOtM:NTAL SERVICES CEPARNENT CLARIFIER #1 REHABILITATION
.. 8CUIH IIWNroN AI/BU!, Cll..MY III!AoCt\ I'LQN)A ...... 2001-200 1 OF 1
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this day of ,20_, by and
between the CITY OF DELRAY BEACH (hereinafter called CITY) and EIMCO WATER
TECHNOLOGIES (hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements
pursuant to all covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job requirements.
The CONTRACTOR further acknowledges that the bid price includes all costs and
expenses required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the
following documents which are attached hereto and incorporated herein by reference of
the following:
CONTRACT DOCUMENT (S) PAGE NUMBERS
Standard Form of Agreement 1-5
Corporate Acknowledgment 6
Certificate 7
Insurance Requirements 8-11
1
CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS
Proposal (Schedule of Pricing) 11-13
Specifications 14-28
Addenda numbers to , inclusive, and any modifications,
including Change Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date indicated on the
Notice to Proceed.
5. This agreement shall be governed by the laws of the State of Florida as
Now and hereafter in force. The venue for actions arising out of this agreement shall
be Palm Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City: City of Delray Beach, FL
100 NW 1st Avenue
Delray Beach, FL 33444
As to CONTRACTOR:
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specifically, the
CONTRACTOR shall not assign any moneys due or to become due without the prior
written consent of the CITY.
2
8. The CITY and the CONTRACTOR each binds himself, his partners,
successors, assigns and legal representatives to the other party hereto in respect to all
convenants, agreements and obligations contained in the contract documents.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers,
agents and employees, from or on account of any liabilities, damages, losses and costs
received or sustained by any person or persons by or in consequence of any
negligence (excluding the sole negligence of the CITY), recklessness or intentional
wrongful misconduct of the CONTRACTOR and any persons employed or utilized by
the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that
negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use
of any improper materials or liabilities, damages, losses or costs caused by or on
account of the use of any improper materials. CONTRACTOR agrees that negligent,
reckless or intentional wrongful misconduct also includes but is not limited to the
violation of any Federal, State, County or City laws, by-laws, ordinances or regulations
by the CONTRACTOR, his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against the CITY on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions
that may be brought against the CITY for the infringement of any and all patents or
patent rights claimed by any person, firm, or corporation.
3
The indemnification provided above shall obligate the CONTRACTOR to defend
at his own expense or to provide for such defense, at the CITY'S option, 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
Contract whether the construction operations be performed by the CONTRACTOR, his
subcontractor or by anyone directly or indirectly employed by either. This
indemnification includes all costs and fees including attorney's fees and costs at trial
and appellate levels.
The CITY will pay to the CONTRACTOR the specific consideration of ten dollars
and other good and valuable consideration as specific consideration for the
indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that
the bid price includes said consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both
the CONTRACTOR and the CITY.
11. The contract documents constitute the entire agreement between the
CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly
executed written instrument.
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to form:
City Attorney
WITNESS: CONTRACTOR:
BY:
(Print or type name and title) (Print or type name and title)
(SEAL)
5
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,20_, by (name of officer
or agent, title of officer or agent), of (state or
place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used
his/her (type of identification) as
identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
6
CERTIFICATE
(If Corporation)
STATE OF FLORIDA )
) SS
COUNTY OF )
)
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of
held on ,20_, the following
resolution was duly passed and adopted:
"RESOLVED", that , as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated ,20_, between the City of Delray
Beach, Florida and this corporation, and that his execution thereof, attested by
the Secretary of the Corporation and with corporate seal affixed, shall be the
official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this day of ,20_.
(Secretary)
(Seal)
7
CONTRACTOR'S INSURANCE:
1.1. General: CONTRACTOR shall purchase and maintain such comprehensive
general liability and other insurance as is appropriate for the Work being performed and
furnished and as will provide protection from claims set forth below which may arise out
of or result from CONTRACTOR'S performance and furnishing of the Work and
CONTRACTOR'S other obligations under the Contract Documents, whether it is to be
performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or
indirectly employed by any of them to perform or furnish any of the Work, or by anyone
for whose acts any of them may be liable. Before starting and during the term of this
Contract, the CONTRACTOR shall procure and maintain insurance of the types and to
the limits specified in paragraph 1.2, inclusive below.
1.2 Coverage: Except as otherwise stated, the amounts and types of insurance shall
conform to the following minimum requirements:
1.2.1. Workers' Compensation. Coverage to apply for all employees for
Statutory Limits in compliance with the applicable State and Federal laws.
CONTRACTOR shall require all subcontractors to maintain workers compensation
during the term of the agreement and up to the date of final acceptance.
CONTRACTOR shall defend, indemnify and save the CITY and CONSULTANT
harmless from any damage resulting to them for failure of either CONTRACTOR or any
subcontractor to take out or maintain such insurance.
1.2.1.1. Employers' Liability with Statutory Limits of $100,000/$500,000/
$100,000.
1.2.1.2. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide the City with thirty (30) days' written notice of cancellation
and/or restriction.
1.2.1.3. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen and Harbor
Workers Act and/or Jones Act if applicable.
1.2.2. Comprehensive General Liability or Commercial General Liability
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability Policy or Commercial General Liability filed by the
Insurance Services Office, and must include:
1.2.2.1. Minimum Limits of total coverage shall be $1,000,000.00
$1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability, the basic policy to be in said form with any excess
8
coverage (and the carrier) to meet $1,000,000.00 minimum to be acceptable to
the CITY.
1.2.2.2. Premises and/or Operations.
1.2.2.3. Independent Contractor.
1.2.2.4. Products and/or Completed Operations. CONTRACTOR shall
maintain in force until at least three (3) years after completion of all services
required under the Contract, coverage for products and completed operations,
including Broad Form Property Damage.
1.2.2.5. XCU Coverages.
1.2.2.6. Broad Form Property Damage including Completing Operations.
1.2.2.7. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification agreement.
1.2.2.8. Personal Injury coverage with employees and contractual
exclusions removed.
1.2.2.9. Additional Insured. The CITY is to be specifically included as an
additional insured (including products).
1.2.2.10. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide the City with thirty (30) days' written notice of cancellation
and/or restriction.
1.2.2.11. The CONTRACTOR shall either require each subcontractor to
procure and maintain, during the life of the subcontract, insurance of the type
and in the same amounts specified herein or insure the activities of
subcontractors in his own insurance policy.
1.2.3. Business Auto Policy. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the Insurance
Service Office and must include:
1.2.3.1. Minimum limit of $1,000,000.00 per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability.
1.2.3.2. Owned Vehicles.
1.2.3.3. Hired and Non-Owned Vehicles
1.2.3.4. Employee Non-Ownership
9
1.2.3.5. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide the City with thirty (30) days' written notice of cancellation
and/or restriction.
1.2.4. All Risk Property Insurance - When Applicable. Coverage must include
real and personal property and in an amount equal to the replacement cost of all real
and personal property of the CITY'S for which the CONTRACTOR is responsible and
over which he exercises control. Builders Risk insurance must be provided to cover
Property under construction and an Installation Floater must cover all machinery,
vessels, air conditioners or electric generators to be installed. This insurance shall
include a waiver of subrogation as to the CONSULTANT, the CITY, the
CONTRACTOR, and their respective officers, agents, employees, and subcontractors.
1.2.4.1. Coverage to be provided on a full replacement cost basis.
1.2.4.2. Losses in excess of ten thousand dollars ($10,000) shall be
jointly payable to the CONTRACTOR and the CITY.
1.2.4.3. Waiver of occupancy clause or warranty. Policy must be
specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or
representation that the building(s), addition(s) or structure(s) will not be occupied
by the CITY.
1.2.4.4. Maximum Deductible - $5,000 each claim.
1.2.4.5. Copy of Policy. A certified copy of the policy must be provided to
the CITY prior to the commencement of work.
1.2.4.6. Named Insured. The CITY must be included as a named
insured.
1.2.4.7. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide the City with thirty (30) days written notice of cancellation
and/or restriction.
1.2.4.8. Flood Insurance. When the buildings or structures are located
within an identified special flood hazard area, flood insurance protecting the
interest of the CONTRACTOR and the CITY must be afforded for the lesser of
the total insurable value of such buildings or structures, or, the maximum amount
of flood insurance coverage available under the National Flood Program.
10
1.2.5. A Best Rating of no less than A-7 is required for any carriers
providing coverage required under the terms of this Contract.
Failure to comply with the insurance requirements as herein
provided shall constitute default of this Agreement. Neither
CONTRACTOR or any subcontractor shall commence work under
the Contract until they have all insurance required under this
Section and have supplied the CITY with evidence of such coverage
in the form of certified copies of policies (where required) and
certificates of insurance, and such policies and certificates have
been approved by the CITY. CONTRACTOR shall be responsible
for and shall obtain and file insurance certificates on behalf of its
subcontractors. All certified copies of policies and certificates of
insurance shall be filed with the CITY.
11
PROPOSAL
PROJECT SUMMARY:
EIMCO Water Technologies (EWT) is pleased to provide the following proposal to
rebuild (1) 65' dia. Reactor Clarifier on site. We will also provide the labor to install
this newly rebuilt drive as well as blast and paint the steel portion of this unit. Eimco
original Serial No. 22695-01. The pricing below reflects work to be done on both
reactor clarifiers one right after the other. As per meeting taken place on March 2nd.
REACTOR CLARIFIER EQUIPMENT
EIMCO Water Technologies proposes to rebuild and paint one (1) EIMCO 65' DIA.
Reactor Clarifier. We will also include labor and service including blasting and
painting of the submerged and superstructure of this unit.
Scope of Work:
The following work to be done on site:
Disassemble and Inspect
Includes:
· Complete disassembly of drive into individual parts and components.
· Customer to be provided an evaluation on major components that will be
reused. If major components cannot be reused, new components will need
to be purchase from Eimco and additional costs will apply.
Standard Rebuild
Includes:
· Replace all wear items: bearings, bearing strip liners, bearing balls, seals,
gaskets, keys, retaining rings, grease fittings, gauges, piping and fasteners.
· Replace Drive Control.
· Assemble and inspect rebuilt drive.
· Test run the drive after installation.
· One-year warranty on parts and workmanship.
Note: Gear motors and/or motor drive components can be added as part of this rebuild.
Prices are available upon request.
· Repair rusted that are visible above the water (during recent inspection)
· Seal weld areas to keep the rust from coming back through
· We would cover the clarifier after drive unit has been removed for rebuilding
· Blast and paint entire mechanism and superstructure to bare metal using
black beauty media
· Rake squeegees would be removed during blasting and painting and put
back on after painting is complete.
· Paint to be water plant approved
· Freight, F.O.B. factory, freight allowed to jobsite.
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Labor & Service:
EWT will supply supervision, labor, service and equipment necessary to complete the
rebuild, blast & paint & installation for this existing 65' Reactor Clarifier.
We include:
· Site mobilization
· Removal of the drive unit
· Installation of newly rebuilt unit
· Repair of some corroded steel (as identified during inspection)
· Support of superstructure as needed
· Crane, Mats, rigging and related equipment
· Demobilization of personnel and equipment.
· Rake arms and drive leveling
· One shift, 10 hours per day
· Serviceman for 4 days with 2 days travel
· Lubrication for drive units
· Electrical connections or disconnection (to work with on site electrician for
drive control connections etc.)
We do not include:
· Draining, cleaning and filling of tank
· Over-time work hours
· Disposing of old debris.
· Power wash services to be provided by PCS-
Note: Blast and paint service to be in accordance with specification 09901. EWT to
blast SSPC-SP6 and paint Tnemec 37-77 Prime coat with 2 coats of finish enamel total
4.5 mils.
PRICING DETAILS
Price for rebuilding, blasting,
Painting & installation (1) one Reactor Clarifier......................$187,830.00
Price is based on locating the crane adjacent to the tank.
Eimco anticipates being on site for 2-3 weeks. If any major drive component is needed
during this on site rebuild this could delay the project. Also the price for the part that
cannot be reused would need to be added to the purchase order.
13
SECTION 09901
PAINTING - POTABLE WATER SYSTEMS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Prepare surfaces which are to receive finish.
B. Finish surfaces as indicated to schedule at end of this Section.
1.02 RELATED WORK
A. Specific finishes specified in other Sections of this
Specification.
1.03 MOCK-UP
A. Before proceeding with paint application, finish one
complete surface of each color scheme required, clearly indicating
selected colors, finish texture, materials and workmanship.
B. If approved, sample area will serve as a minimum
standard for Work throughout the Project.
1.04 REFERENCE STANDARDS
A. ANSI - American National Standards Institute.
B. ASTM - American Society for Testing and Materials.
C. FS - Federal Specification.
D. SSPC - Steel Structures Painting Council.
1.05 SAMPLES
A. Prepare 12 inch x 12 inch samples of finishes when
requested by Engineer. When possible, apply finishes on identical type
materials to which they will be applied on job.
B. Identify each sample as to finish, formula, color name
and number, sheen name and gloss units.
C. Colors to be selected by Engineer prior to commencement of Work.
1.06 MAINTENANCE MATERIALS
14
A. Leave on premises, where directed by Engineer, not less than one gallon
of each color used.
B. Containers to be tightly sealed and clearly labeled
for identification.
1.07 DELIVERY, STORAGE AND HANDLING
A. Deliver paint materials in sealed original labeled containers, bearing
manufacturer's name, type of paint, brand name, color designation and
instructions for mixing and/or reducing.
B. Provide adequate storage facilities. Store paint materials at minimum
ambient temperature of 45 degrees F. in well ventilated area.
C. Take precautionary measures to prevent fire hazard and spontaneous
combustion.
D. No materials other than those specified or approved shall be delivered to
the project site. All unapproved materials shall be removed from the
project site and not used.
1.08 JOB CONDITIONS
A. Comply with manufacturer's recommendations as to environmental
conditions under which coatings and coating systems can be applied.
B. Do not apply finish in areas where dust is being generated.
C. Cover or otherwise protect finished work of other trades and surfaces not
being painted concurrently or not to be painted.
D. Provide "wet paint" signs are required to protect newly painted surfaces.
E. Ensure surface temperatures or the surrounding air temperature is above
40 degrees F. before applying finishes. Minimum application
temperatures for latex paints for interior work is 45 degrees F. and 50
degrees F. for exterior work. Minimum application temperatures for
varnish finishes is 65 degrees F.
F. Provide adequate continuous ventilation and
sufficient heating facilities to maintain temperatures above 45 degrees F.
for 24 hours before, during and 48 hours after application of finishes.
G. Provide minimum 25 foot candles of lighting on surfaces to be finished.
15
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1.09 PROTECTION
A. Adequately protect other surfaces from paint and damage. Repair
damage as a result of inadequate or unsuitable protection.
B. Furnish sufficient drop cloths, shields and protective equipment to prevent
spray or dropping from fouling surfaces not being painted and in
particular, surfaces within storage and preparation area.
C. Place cotton waste, cloths and materials which may constitute a fire
hazard in closed metal containers and remove daily from site.
D. Remove electrical plates, surface hardware, fittings and fastenings, prior
to painting operations. These items are to be carefully stored, cleaned
and replaced on completion of work in each area. Do not use solvent to
clean hardware that may remove permanent lacquer finish.
1.10 BASIS OF BID
A. All paint colors will be selected by the Owner. The Contractor shall base
his bid on ceilings of a color different from walls, and one wall color
throughout when applicable.
B. Existing structures to be painted
Include: trough's, bell housing, rotating assembly, rake and all other
steel components within treatment unit Number 4 at the Water
treatment Plant.
C. Prior to starting work, the Contractor shall inspect all surfaces and
adjoining work on which this work is in any way dependent for its
completions and acceptance, and shall report to the Engineer in writing
any existing unsatisfactory conditions. No work shall be started until the
unsatisfactory conditions are remedied to the satisfaction of the Engineer.
In any event, the commencement of work shall constitute the acceptance
of existing conditions and any defects appearing in the painting work
thereafter shall be the responsibility of this contractor and shall be made
good to the satisfaction of the Engineer at no cost to the Owner.
D. Provide necessary protection for completed work and adjoining surfaces.
Provide temporary closures as required to prevent dust circulation from
adjacent areas of the building where other work is in progress, or
schedule the painting work to be done when other work in neighboring
areas is not being performed. Keep new work protected at all times.
Where it is necessary for the performance of painting to remove existing
protection of work of others, such protection shall be fully replaced.
16
E. Finish coats shall be of the same manufacture as prime coats and field
touch-up coatings. Insofar as feasible, the coatings of one manufacturer
are to be utilized throughout the project.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURES
A. Porter Paint Company, Louisville, Kentucky.
B. Tnemec Company, North Kansas City, Missouri.
C. Indurall Coatings, Inc. Birmingham, Alabama.
D. Other manufacturers specified for specific applications in the Painting
Schedule.
E. Substitutions: Items of the same quality, function and performance are
acceptable in conformance with Section 01630.
2.02 MATERIALS
A. Paints and coatings for they type and by the manufacturers listed herein.
B. Paint Accessory Materials: Linseed oil, shellac turpentine and other
materials not specifically indicated herein but required to achieve the
finishes specified of high quality and approved by the paint manufacturers.
C. Paints: Ready-mixed except field catalyzed coatings. Pigments fully
ground maintaining a soft paste consistency, capable of being readily and
uniformly dispersed to a complete homogenous mixture.
D. Paints to have good flowing and brushing properties, and be capable of
drying or curing free of streaks or sags.
PART 3 - EXECUTION
3.01 INSPECTION
A. Thoroughly examine surfaces scheduled to be painted prior to
commencement of work. Report in writing to Engineer any condition that
may potentially affect proper application. Do not commence until such
defects have been corrected.
B. Correct defects and deficiencies in surface which may adversely affect
17
work of this Section.
3.02 PREPARATION OF SURFACES
A. Remove mildew by scrubbing with solution of tri-sodium phosphate and
bleach. Rinse with clean water and allow surface to dry completely.
B. Remove surface contamination from aluminum surfaces requiring a paint
finish by steam, high pressure water or solvent washing. Apply etching
primer or acid etch. Apply paint immediately if acid etching is used.
C. Remove dirt, powdery residue and foreign matter from asbestos-cement
surfaces. Paint immediately both sides when applicable.
D. Remove dirt, oil, grease and sand if necessary to provide adhesion key
when asphalt, creosote or bituminous surfaces require a paint finish.
Apply compatible sealer or primer.
E. Remove dirt, grease and oil from canvas and cotton insulated coverings.
F. Remove contamination, acid etch and rinse new concrete floors with clear
water. Ensure required acid-alkali balance is achieved. Allow to
thoroughly dry.
G. Remove contamination from copper surfaces requiring paint finish by
steam, high pressure water or solvent washing. Apply vinyl etch primer or
acid etching. Apply paint immediately if acid etching is used.
H. Remove contamination from copper surfaces required to be oxidized.
Apply oxidizing solution of copper acetate and ammonium chloride in
acetic acid. Rub on repeatedly for correct effect. Once attained, rinse
surfaces well with clear water and allow to dry.
I. Remove contamination from gypsum wallboard surfaces and prime to
show defects, if any. Paint after defects have been remedied.
J. Remove surface contamination and oils from galvanized surfaces and
wash with solvent. Apply coat of etching type primer.
K. Remove surface contamination and oils from zinc coated surfaces and
prepare for priming in accordance with metal manufacturer's
recommendations.
L. Remove dirt, loose mortar, scale powder and other foreign matter from
concrete and concrete block surfaces which are to be painted or to
receive a clear seal. Remove oil and grease with a solution of tri-sodium
18
phosphate, rinse well and allow to thoroughly dry.
M. Remove stains from concrete and concrete block surfaces caused by
weathering of corroded metals with a solution of sodium metasilicate after
being thoroughly wetted with water. Allow to thoroughly dry.
N. All existing exterior concrete surfaces shall be prepared as follows:
1. Power wash, scrub with a solution of TSP and Chlorine rinse.
2. Scrape any peeling paint.
3. Run test for compatibility with paint system to be used.
O. Fill hairline cracks, small holes and imperfections on plaster surfaces with
patching plaster. Smooth off to match adjacent surfaces. Wash and
neutralize high alkali surfaces where they occur.
P. Remove grease, rust, scale dirt and dust from steel and iron surfaces as
per SSPC-SP10. Where heavy coatings of scale are evident, remove by
sandblasting as per SSPC-SP1 O. Treatment unit shall be enclosed with a
wind screen or other protective material to prevent disbursement of
particulate matter from sand blastinQ operation. Adequate ventilation and
air filtration are to be employed. Only non silica sandblastinQ media shall
be used. All open Qaps in the metal shall be caulked with an NSF
approved sealant. Ensure steel surfaces are satisfactory before paint
finishing.
a. Clean unprimed steel surfaces by washing with solvent and sandblasting
as per SSPC-SP6, Commercial Blast cleaning. Apply a treatment of
phosphoric acid solution, ensuring weld joints bolts and nuts are similarly
cleaned. Prime surfaces to indicate defects, if any. Paint after defects
have been remedied.
R. Sand and scrape or sandblast shop primed steel surfaces to remove
loose primer and rust. Feather out edges to make touch-up patches
inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces.
Prime steel including shop primed steels.
S. Ferrous surfaces for submerged services should be blast cleaned to a
Near White Finish as per SSPC-SP10. The clean surface should be
primed as soon as possible and before any rusting of the surface occurs
(within 12 hours maximum).
T. Wipe off dust and grit from miscellaneous wood item and millwork prior to
priming. Spot coat knots, pitch streaks and sappy sections with sealer.
Fill nail holes and cracks after primer has dried and sand between coats.
Back prime interior and exterior woodwork.
19
U. Remove dust, grit and foreign matter from exterior wood which is to
receive paint finish. Seal knots, pitch streak and sappy sections. Fill nail
holes with exterior caulking compound after prime coat has been applied.
V. Prior to finishing glue laminated beams, wash down surfaces with solvent
and remove grease and dirt.
3.03 APPLICATIONS
A. Apply each coat at proper consistency.
B. Each coat of paint is to be slightly darker than preceding coat unless
otherwise approved by Architect/Engineer.
C. Sand lightly between coats to achieve required finish.
D. Do not apply finishes on surfaces that are not sufficiently dry.
E. Allow each coat of finish to dry before following coat is applied, unless
directed otherwise by manufacturer.
F. Where clear finishes are required, ensure tint fillers match wood. Work
fillers well into the grain before set. Wipe excess from the surface.
G. Backprime exterior woodwork, which is to receive paint finish, with exterior
primer paint.
H. Backprime interior woodwork, which is to receive paint or enamel finish,
with enamel undercoat paint.
I. Backprime interior and exterior woodwork, which is to receive stain and/or
varnish, with gloss varnish reduced 25 percent with mineral spirits.
J. Prime top and bottom edges of wood and metal doors with enamel
undercoat when they are to be painted.
K. Prime top and bottom edges of wood doors with gloss varnish when they
are to receive a stain or clear finish.
L. Rate of application shall not exceed average rate of coverage
recommended by paint manufacturer for the type of surface involved less
10 percent allowance for losses, unless manufacturer's printed
specifications state that the recommended rate includes normal expected
losses. The minimum dry film thickness per coat shall not be less than
thickness recommended by the paint manufacturer or set forth under
Painting Systems in this Section of the Specifications.
20
M. Number of coats shall be as specified or as required for the acceptance of
the finish as approved by the Engineer. Each coat shall be carefully
examined and faulty material, poor workmanship, holidays, damaged
areas and other imperfections shall be touched up prior to applying
succeeding coats.
N. Bottoms, sides and edges of doors shall receive same
finish as faces of doors. If refitting of doors is done prior to final
acceptance, this contractor shall refinish all edges at his own expense.
O. Except where otherwise noted on the Plans, incidental niches, recesses,
passages, closets, etc., shall be finished to match similar or adjacent
spaces whether such spaces are specifically mentioned or not. Access
doors, panels, convectors, grills and similar items shall be painted the
same color as adjacent work, except where same are of nonferrous metal
or where otherwise indicated on the Drawings or directed by the Engineer.
P. Prime-coated butts, or other prime-coated hardware shall be painted or
grained to match adjacent work to which they are attached.
3.04 MECHANICAL AND ELECTRICAL EQUIPMENT
A. Refer to mechanical and electrical sections with respect to painting and
finishing requirements, color coding, identifications of equipment, ducting,
piping and conduit.
B. Remove grills, covers and access panels for mechanical and electrical
systems from location and paint separately.
C. Finish paint primed equipment to color selected.
D. Prime and paint insulated and bare pipes, conduits, boxes, insulated and
bare ducts, hangers, brackets, collars and supports, except where items
are plated or covered with a pre-finishing coating.
E. Replace identification markings on mechanical or electrical equipment
when painted over or spattered.
F. Paint interior surfaces of air ducts, convector and baseboard heating
cabinets that are visible through gills and louvers with one can of flat black
paint, to limit of sight line. Paint dampers exposed immediately behind
louvers, grills, convector and baseboard cabinets to match face panels.
G. Paint exposed conduit and electrical equipment
occurring in finished areas. Color and texture to match adjacent surfaces.
21
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H. Paint both sides and edges of plywood backboard for electrical equipment
before installing backboards and mounting equipment on them.
I. Color code equipment, piping, conduit, and exposed ductwork in
accordance with requirements indicated. Color banding and identification
(flow arrows, naming, numbering, etc.).
3.05 CLEANING
A. As work proceeds and upon completion, promptly remove paint where
spilled, splashed or spattered.
B. During progress of work, keep premises free from any unnecessary
accumulation of tools, equipment, surplus materials and debris.
C. Upon completion of work, leave premises neat and clean, to the
satisfaction of Engineer.
3.06 INSPECTION
A. Dry film thickness will be checked with a properly calibrated Nordson
Microtest Dry Film Thickness Gauge or other approved gauge.
B. It shall be the contractor's responsibility to won and use a wet film
thickness gauge to check his application thickness as he proceeds.
C. Job Standards: The Contractor shall prepare surfaces in accordance with
these specified standards in a sample area for the Engineer's inspection
and review. If satisfactory, this standard shall serve as the visual standard
for the balance of the work. Also, each primer or finish coat material shall
be applied in a "step-down" fashion so as to reveal each coat and shall
also serve as the standard for the balance of the applications. These are
small sample areas only and are intended to eliminate any
misunderstanding as to quality of work. Engineer may waive this
requirement if he requests sample panels - Otherwise this paragraph shall
be enforced.
3.07 PAINTING AND REFINISHING SCHEDULE
A. Mechanical Equipment, Electrical Panels, etc. - Both interior and exterior
shall be finished as follows:
1. Surface preparation - SSPC-SP6 Commercial Blast Cleaning.
2. Shop primer, use one of the following:
a. One coat Porter 284U Primer at 2.0 mils dry, 5.3 mils wet
22
thickness (319 SFPG).
b. One coat Indurall H-1175 Primer at 2.0 mils
dry, 6.0 mils wet thickness (295 SFPG).
c. One coat Tnemec 37-77 Chem-Prime at 2.5 mils dry, 5.5
mils wet thickness (290 SFPG).
3. Field touch-up - use one of the following:
a. Porter 284 U Primer at 2.0 mils dry thickness.
b. Indurall H-1175 Primer at 2.0 mils dry thickness.
c. Tnemec 37-77 Chem-Prime at 2.0 mils dry thickness.
4. Finish - use one of the following:
a. Two coats of Porter IA-24 Series Gloss at 1.5 mils dry, 3.5
mils wet thickness per coat (460 SFPG). Total dry thickness
5.0 mils.
b. Two coats of Indurall Alkyd Finish at 2.0 mils dry, 3.0 mils
wet thickness per coat (385 SFPG). Total dry thickness 6.0
mils.
c. Two coats of Tnemec Tneme-Gloss Series 2 Enamel at 1.5
mils dry, 3.0 mils wet thickness per coat (535 SFPG). Total
dry thickness 4.5 mils.
B. Submerged miscellaneous metal, piping, etc. in potable
water shall be finished as follows:
1. Surface Preparation - Near White Sandblast as per SSPC-SP1 O.
2. Shop Primer - use one of the following:
a. One coat of Porter MCR-4836 Tank Lining Epoxy at 5.0 mils
dry, 12.0 mils wet thickness (385 SFPG).
b. One coat of Indurall H-9-1066 Primer at 3.0 mils dry, 6.0
mils wet thickness (300 SFPG).
c. One coat of Tnemec 20-1255 Pota Pox Primer at 3.0 mils
dry, 5.0 mils wet thickness (290 SFPG).
3. Field touch-up - use one of the following:
a. Porter MCR-4836 Tank Lining Epoxy at 5.0 mils dry
thickness.
b. Indurall H-9-1066: Finish coat to be applied within seven
days.
c. Tnemec 20-1255 Pota Pox: Finish coat to be applied within
four days.
4. Finish - use one of the following:
a. One coat Porter MCR-4837 Tank Lining Epoxy, at 5.0 mils
dry, 12.0 mils wet thickness per coat (124 SFPG). Recoat
per manufacturer's Instructions.
b. Two coat Indurall PE-50 High Build Polyamide Epoxy at 7.0
mils dry, 10.0 mils wet thickness per coat (170 SFPG); apply
second coat within seven days of the first coat. Total
thickness 17.0 mils dry.
23
c. Two coats Tnemec 20-2000 Pota-Pox Finish at 5.0 mils dry,
13.0 mils wet thickness per coat (125 SFPG). Apply second
coat within 96 hours of this first coat.
C. Non-submerged miscellaneous metal, piping, etc. shall be finished as
follows:
1. Surface Preparation - SSPC-SP6 Commercial Blast Cleaning.
2. Shop Primer - use one of the following:
a. One coat Porter MCR-4335 High Build Epoxy Primer at 5.0
mils dry, 10.0 mils wet thickness (158 SFPG).
b. One coat Indurall Permaclean Primer at 3.0 mils dry, 6.0
mils wet thickness (300 SFPG).
c. One coat Tnemec 66-1211 Epoxoline Primer at 6.0 mils dry,
7.5 mils wet thickness (215 SFPG).
3. Field touch-up - use one of the following:
a. Porter MCR-4335 High Build Epoxy Primer at 5.0 mils dry.
b. Indurall Permaclean Primer at 3.0 mils dry.
c. Tnemec 66-1211 Epoxoline Primer at 4.0 mils dry.
4. Finish - use one of the following:
a. One coat Porter MCR-43 High Build Epoxy at 5.0 mils dry,
10 mils wet thickness (158 SFPG). Total thickness 10.0 mils
dry.
b. One coat Indurall Permaclean at 3.0 mils dry, 8.0 mils wet
thickness (210 SFPG). Total thickness 6.0 mils dry.
c. One coat Tnemec Series 66 Epoxoline at 5.0 mils dry, 9.0
mils wet thickness (175 SFPG). Total thickness 9.0 mils dry.
D. Interior Concrete and Concrete Block shall be finished as follows:
1. Surface Preparation - clean, dry, free of contaminants. Allow
mortar to cure for 28 days.
2. Block filler - use one of the following:
a. One coat Porter 895 Unifil (100 SFPG).
b. One oat Indurall Polyurethane Block Filler P-1120 (100-150
SFPG).
c. One coat Tnemec 54-561 Modified Epoxy Masonry Filler
(60-80-SFPG ).
3. Finish - use one of the following:
a. Two coats Porter MCR-43 High Build Semi Gloss Epoxy at
5.0 mils dry, 10.0 mils wet thickness per coat (161 SFPG).
Total thickness 10.0 mils MCR-43 dry.
b. Two coats Indurall Permaclean at 3.0 mils dry, 8.0 mils wet
thickness per coat (210 SFPG). Total thickness 6.0 mils
Permaclean dry.
c. Two coats Tnemec Series 66 Epoxyline at 5.0 mils dry, 9.0
24
mils wet thickness per coat (175 SFPG). Total thickness
10.0 mils Epoxoline dry.
E. Exterior Concrete, concrete blocks and stucco shall be finished as follows,
unless specified otherwise:
1. Surface Preparation - dry, clean, free of contaminates. Allow
mortar to cure for 28 days.
2. Block Filler - Use one of the following:
a. One coat Porter 896 Acrifil Block Filler (100 SFPG).
b. One coat Indurall PYA Block Filler P-1117 (100-150 SFPG).
c. One coat Tnemec 54-561 Modified Epoxy Masonry Filler
(60-80 SFPG).
3. Finish - use one of the following:
a. Two coats Porter 1610 Series Industrial Acrylic at 2.0 mils
dry, 5.0 mils wet thickness per coat (318 SFPG). Total
thickness 4.0 mils dry of 16 Series Acrylic.
b. Two coats Indurall Super Latex at 2.0 mils dry, 5.0 mils wet
thickness per coat (305 SFPG). Total thickness 4.0 mils dry
of Super Latex.
c. Two coats Tnemec Tneme Cryl, Series 6, at 2.5 mils dry, 6.0
mils wet thickness per coat (265 SFPG). Total thickness 5.0
mils dry of Tneme Cry!.
F. Wood shall be finished as follows:
1. Surface preparation - clean, dry and free of contaminates.
2. Primer - use one of the following:
a. One coat of 2429 enamel undercoat at 2.0 mils dry, 5.0 mils
wet thickness (340 SFPG).
b. One coat of Indurall 101 Primer White H-1400 at 2.0 mils
dry, 5.0 mils wet thickness (335 SFPG).
c. One coat of Tnemec 36-603 Alkyd Undercoat at 2.5 mils dry,
5.0 mils wet thickness (320 SFPG).
3. Finish - use one of the following:
a. Two coats Porter IA-24 Series Gloss Enamel at 1.5 mils dry,
3.5 mils wet thickness per coat (481 SFPG). Total thickness
5.0 mils dry.
b. Two coats of Indurall Alkyd Finish at 2.0 mils dry, 4.0 mils
wet thickness per coat (385 SFPG). Total thickness 6.0 mils
dry.
c. Two coats of Tnemec Series 2 Tneme-Gloss Enamel at 1.5
mils dry, 3.0 mils wet thickness per coat (535 SFPG). Total
thickness 5.5 mils dry.
G. Interior Concrete or Steel Tank Surfaces in potable water shall be finished
25
as follows:
1. Surface Preparation:
a. Steel - SSPC-SP1 0 Near White Sandblast.
b. Concrete - Clean, dry, free of contaminants. Allow to cure
for 28 days.
2. First coat - use on of the following:
a. Porter 4836 Epoxy Tank Lining Coating at 5.0 mils dry, 12.0
mils wet thickness (135 SFPG).
b. Indurall Ruff Stuff 3300 at 6.0 mils dry, 12.0 mils wet
thickness (147 SFPG).
c. Tnemec 20-1255 Pota-Pox Primer at 5.0 mils dry, 12.0 mils
wet (179 SFPG).
3. Finish - use one of the following:
a. Porter 4837 Epoxy Tank Lining Coating at 5.0 mils dry, 18.0
mils wet thickness (135 SFPG). Total thickness 12.0 mils
dry measured on concrete, 10.0 mils dry on steel.
b. Indurall Ruff Stuff 3300 at 4.0 mils dry, 8.0 mils wet
thickness (221 SFPG). Total thickness 12.0 mils dry,
measured on concrete, 16.0 mils dry on steel.
c. Tnemec 20-2000 Pota-Pox Finish at 5.0 mils dry, 12.0 mils
wet thickness (179 SFPG). Total thickness 12.0 mils dry
measured on concrete, 15.0 mils dry on steel.
H. Wood Doors with Clear Finish shall be finished as follows:
1. Surface Preparation - Clean, dry and free of contaminants.
2. Primer - use one of the following:
a. Two coats Glidden Ultra Hide Sanding Sealer 5035.
b. Two coats Benjamin Moore, Benwood Sanding Sealer Clear.
c. Two coats Devoe, a.D. Wonder Woodseal 4900.
3. Finish - use one of the following:
a. Two coats Glidden Spread Urethane Varnish 10.
b. Two coats Benjamin Moore Impervo Dri-Dul.
c. Two coats Devoe Wonder Wood Varnish Satin 4600.
I. Fluted Block and other exterior concrete surfaces that are not to be
painted shall be finished in accordance with Section 07175: Water
Repellent Coatings.
J. Cement Plaster Gypsum Wallboard shall be finished as follows:
1. Surface Preparation - clean, dry and free of contaminants.
2. Primer - use one of the following:
a. One coat Glidden Spread Primer Sealer 3416 interior latex
primer sealer.
b. One coat Benjamin Moore Latex a.D. Prime Seal interior
26
latex primer sealer.
c. One coat Devoe Vinyl Primer Sealer Pigmented 50801
interior latex primer sealer.
3. Finish - use one of the following:
a. Two coats Glidden Spread Satin flat latex wall paint.
b. Two coats Benjamin Moore Regal Wall Stain flat latex wall
paint.
c. Two coats, Devoe Vinyl Wondertones, Series 36, flat latex
wall paint.
d. See Item K this Section for wallboard finishes in and the
ceilings in the toilets.
K. Wallboard Ceilings in Toilets shall be finished as follows:
1. Surface Preparation - clean, dry and free of contaminants.
2. Primer - One coat interior latex primer sealer as specified in Item J,
this Section.
3. Finish - use one of the following:
a. Two coats Glidden Spread Satin, semi-gloss latex wall paint.
b. Two coats Benjamin Moore Regal Wall Stain, semi-gloss
latex wall paint.
c. Two coats Devoe Vinyl Wondertones, Series 36, semi-gloss
latex wall paint.
L. Galvanized (Zinc Coated) Metal shall be finished as follows:
1. Surface Preparation - solvent clean in accordance with finish
manufacturer's recommendations.
2. Primer - use one of the following:
a. One coat Glidden Glid-Guard Galvanized Metal Primer
5229.
b. One coat Benjamin Moore Iron Clad Galvanized Primer.
c. One coat Devoe Zinc Dust Primer 1400.
3. Finish - Use one of the following:
a. Two coats Glidden Ultra Hide Alkyd Semi Gloss Enamel.
b. Two coats Benjamin Moore Alkyd Sani-Semi Gloss Enamel.
c. Two coats Devoe, Valour Semi-Gloss Alkyd Enamel.
M. Stucco Coatings, Noted as "Texture" coating on Drawings shall be as
follows:
1. Surface Preparation - clean, dry and free of contaminants. Allow
stucco to cure for 28
days.
2. Finish - one coat Bruning Commercial coating applied in
accordance with manufacturer's written directions for preparation,
27
application and texturing.
N. Plastic Piping - Interior
1. Tnemec - 2 coats: 66-Color Hi-build Epoxoline (3 D.F.T.)
O. Plastic piping - Exterior
1. Tnemec:
a. Coat: 66-Color Hi-build Epoxoline (3 D.F.T.)
b. Coats: 70-Color Endura Shield (2.5 D.F.T. per coat).
END OF SECTION
28
AGENDA REQUEST
Agenda Item <6'rr: -t
No.
Request to be placed on:
----X- Regular Agenda Date: October 20. 2004
_ Special Agenda
_ Workshop Agenda When: November 2. 2004
Description of item (who, what, where, how much): Staff requests Commission approval of the purchase
of labor and equipment for the rehabilitation of the mechanical components. sand blasting and painting of
Clarifier No. I at the Water Treatment Plant. The labor and equipment will be provided by Eimco Process
Equipment Company. our sole source provider for Clarfier equipment. The total amount of this purchase is
$187.830.00 and will be funded from R&R Account # 442-5178-536-64.90. Other machinery and
Equipment.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATIACHED YES/NO
Recommendation: Staff recommends approval ofEimco Process Equipment Company.
Department head signature: (}Æ( .<iA~ ,~ . -¿1-. o'f
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (~d on all it~~nvolving e~end~ure of funds):
Funding available: 0 j' W .¿-v 10/¿7- Ie
Funding alternatives (if applicable)
Account No. &DescriptionLjIf.;1-SJ7t-5Z~.I"f-90 LJr/~ t-d - ~ .:íp\-f· ð~l-ul~/~IJ.,'fJ'
Account Balance -h .~ ~ &5'á -
City Manager Review: @ t'J1
Approved for agenda: 0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwdata\Fonns\Agenda Requests\040ct20-AgendaReq - Clarifier l.doc
--~--------------
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.com
TO: David T. Harden
City Manager
FROM: Dan Beatty, p~
Deputy Director ublic Utilities
DATE: October 25, 2004
SUBJECT: Water Service Relocation
Attached is an Agenda Request to issue a purchase order for water service relocation
from rear yard to front yard in the amount of $50,000.00 to Line-Tech, Inc. The Water
and Sewer Network Division has identified several areas of the City that requires
relocation of the water service from old mains in the rear of the lot to new mains in the
front of the lot. Establishing an open purchase order with Line-Tech, Inc. will allow for
prompt response when these services are encountered. The relocation work is based on
unit prices identified in the continuing contract with the City of Boynton Beach (Bid No,
022-2821-04/JA). The purchase order to Line-Tech, Inc. will be funded from 442-5178-
536-65.17, Water Service Relocations.
Please place the item on the November 2, 2004 Agenda for consideration by City
Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Scott Solomon, Water & Sewer Network Manager
Patsy Nadal, Purchasing
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\IO-25-04 Line-Tech Agenda mem.doc ~::s-~
·
T'he City of
~Jnton Beach
-
PROCUREi.)ÜJ.,,\"T SER VICES
100E. BOYN7'O.J."'BEACH
BOULEVARD
P. O. BOX 310
BOYNTON BEACH, .FLORIDA
33425-0310
TELEPH01'v-:E NO: (561) 742-6320
FAX: (56]) 742-6306
February 4, 2004
LINE - TEC, INC
1210 S.E. 1ST STREET
BOYNTON BEACH, FL 33435
ATTN: SCOTT ELLSWORTH
RE: "T\VO (2) YEAR CONTRACT FOR SUPPLY & INSTALLATION OF
'VATER SERVICE CONNECTIONS & RESTOR'-\.TION"
BID #' 022-2821-04/JA
CONTRACT PERIOD: FEBRUARY 15,2004 TO FEBRUARY 14,2006
Dear Mr. Ellsworth,
At the City Commission meeting of February 3,2004, the Bid for "TWO (2) YEAR
CONTRACT FOR SUPPLY & INSTALLATION OF 'VATER SERVICE COl'i'NECTIONS
& RESTORATION" was awarded to your company.
As stipulated within the Bid specifications, your company's original certificate of insurance is to
be provided to our Risk Management Department at your earliest convenience, naming the City as
additionally insured.
We would like to thank you for responding to this Bid and look forward to working with you. A
tabulation sheet is enclosed for your review. Purchase Orders will be issued on an "as needed"
basis.
If you have any questions regarding this project, please call this office at (561) 742-6322.
Sincerely,
~þ~~
Bill Atkins
Deputy Director of Financial Serv'ices
/JA
cc: Bob Kenyon - Deputy Director ofUti jties
Barbara Conboy - Utilities Manager Adminstration
Les Sarkkinin _Utilities (Meter Service Supervisor)
Central File
File
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LliVE.. TEC} llvC
1210 SE 1st Street
BOjnton Beach, FI 33435 .
Office 561-374-9494 Fax 561-737-3827
.-
Contract Bid #022-2821-04/JA
Alternate Bid Items
City of Boynton Beach Water Service Contract
Additional services available in association with this Contract
......
Item # Description Unit Price
Furnish and insta!l1" corporation stop and saddle Jess than 4" $275.00
21 in depth.
22 Installation of 6" C900 PVC price per foot with fittings $38.00
I
\
Replacement of fire hydrant (only) with materials using existing
23 valve. $2,500.00
Installation price per foot of 2" P.E. service Hne without casing
24 for short side connection. $15.50
InsfaJlation of 1 1/2" or 2" baH meler valve and meter
25 connection. $250.00 /
26 Installation of 2" resetler (labor only) $350.00
27 Installation of 2" blow off assembly. $225.00
- Installation of 2" RS gate valve and saddle complete with valve
- 28 box. $510.00
29 Installation of 2" backflow preventer. $575.00
30 Installation of 1" backflow prevenler. $325.00
Installation price per foot of 1" P.E. service line w/PVC casing
31 for long side. $15.00
Installation price per foot of 1" P.E. service line wlithout casing
32 for short side. $13.00
33 Installation of 1" ball meter valve, yok.e bar, and tail piece. $125.00
34 Installation of MXU's on existing TR meters $15.00
35 Pass through on materials not covered under the line items. Cost plus 20%
\
I Date :1;//
AGENDA REOUEST
Agenda Item <60/ ::L-
No.
Request to be placed on:
~ Regular Agenda Date: October 25. 2004
_ Special Agenda
_ Workshop Agenda When: November 2. 2004
Description of item (who, what, where, how much): Staff requests Commission Approval of a purchase
order to Line-Tech. Inc. for water service relocation. The work will be based on unit prices outlined in the
continuing contract with the City of Boynton Beach. The purchase order from Line-Tech. Inc. is for
$50.000.00 and will be funded from 442-5178-536-65.17. Water Service Relocation.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the purchase order to Line-Tech. Inc.
Depamnent head signature: ~/C .& IIJ, 1..-'7 _ 0~
Detennination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items invo~ expenditure of funds):
Funding available~/N(~ 1't:rz'7t..£ M €AJ
Funding alternatives (if applicable)
Account No. & Description '/J/J- 51 tf3-53irt 5./,/ tOr/; f i&ueI.(Jð£ 1 tIt hljlt.J</K .Jvt!:. I
Account Balance IP .5~ LY.:O ,le !Ptti1i e'If4
City Manager Review:
Approved for agenda: ~/NO ðfJ1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\Environmental Services\Dan Beatty\IO-25-04 Line-Tech agenda. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.com
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.E. ~
Deputy Director of Public ities
DATE: October 25, 2004
SUBJECT: Sewer Manhole Rehabilitation
Attached is an Agenda Request to issue a purchase order for sanitary sewer manhole
rehabilitation in the amount of $50,000.00 to Chaz Equipment. As part of our annual
inspection program, manholes are identified for interior rehabilitation and prioritized
based on the level of deterioration. The rehabilitation work is based on unit prices
identified in our annual contract No. 2002-37 with Chaz Equipment. The purchase order
to Chaz Equipment will be funded from 442-5178-536-61.84, Manhole Rehabilitation.
Please place the item on the November 2, 2004 Agenda for consideration by City
Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Scott Solomon, Water & Sewer Network Manager
Patsy Nadal, Purchasing
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\1O-25-04 Chaz Agenda mem.doc <2z:r -3
CITY OF DELRA Y BEACH
SANITARY SEWER MANHOLE REHAB-BID #2002.37-CONTRACT UNIT PRICES
ITEM QTY. PRICE
1.) Mobilization/Demobilization
a. Mobilization/Demobilization if less than each $ 250.00
10 manholes or less than 750 SF per job work order
2.) Cementitious linino of Brick Manhole - 48" Diameter per vertical foot $ 250.00
3.) Cementitious lining of Pre-cast Manhole - 48" Diameter 'per vertical foot $ 170.00
4.) Cementitious ling of Brick Manhole - 60" Diameter per vertical foot $ 393.00
5.) Cementitious linin~ of Pre-cast Manhole - 60" Diameter per vertical foot $ 267.00
6.) Lift Station Surface Rehabilitation by Cementitious Lining per vertical foot $ 18.00
7.) Sewer By-Pass
By-Pass Pump Setup with Bypass Pumping
a. Bypass 8" Sewer Setup each $ 2,000.00
b. Bypass 10' to 12" Sewer Setup each $ 3,000.00
c. Bypass 15" to 18" Sewer Setup each $ 5,000.00
d. Bypass 24" Sewer Setup each $ 7,000.00
e. Bypass 4" Pump per day $ 150.00
f. Bypass 6" Pump per day $ 200.00
o. Bypass 8" Pump per day $ 250.00
h. Bypass 10" Pump per day $ 300.00
8.) Adiust Existina Manhole Casting within Asphalt Pavement each $ 700.00
9.) Adjust Existing Manhole Casting within Green Area each $ 500.00
10.) Furnish New Rino and Cover each $ 500.00
11.) Re-Construct Manhole Bench and Flow Channel each $ 500.00
12.) Furnish and Install Manhole Chimney Seal each $ 300.00
13.) Re-Install Existing Pump base
4" each $ 500.00
6" each $ 550.00
8" each $ 650.00
14.) Furnish and Install 6" PVC Interior Drop
2' to 4' each $ 300.00
4' to 6' each $ 500.00
6' to 8' each $ 600.00
15.) Furnish and Install 8" PVC Interior Drop
2' to 4' each $ 400.00
4' to 6' each $ 600.00
6' to 8' each $ 700.00
16.) Re-construct Lift Station Fillet
6' Diameter each $ 1,000.00
8' Diameter each $ 1,200.00
10' Diameter each $ 1,300.00
17.) Removal of Existino Coatin~ Iper sq. ft. $ 7.00
18.) Remove and Replace Existing Piping and Valvels within
Existing Submersible Lift Station through Existing Valve Vault.
4" each $ 14,000.00
6" each $ 16,000.00
8" each $ 18,000.00
Page 1 of 1
· ..
AGENDA REQUEST
Agenda Item ~. 3
No.
Request to be placed on:
--Å- Regular Agenda Date: October 25,2004
_ Special Agenda
_ Workshop Agenda When: November 2, 2004
Description of item (who, what, where, how much): Staff requests Commission Approval of a purchase
order to Chaz Equipment for manhole rehabilitation. The work will be based on unit prices outlined in
annual contract No. 2002-37 for sewer manhole lining: and repair work. The purchase order from Chaz
Equipment is for $50,000.00 and will be funded from 442-5178-536-61.84, Manhole Rehabilitation.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATIACHED YES/NO
Recommendation: Staff recommends approval of the purchase order to Chaz Equipment.
Department head signature: ~ ~ IJ, t-b, of
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (requir~ß on all items involving expenditure OffundS):/lJI<P/u..-J
Funding available@ÎNO
Funding alternatives (if applicabh:;)
Account No. & Description IfiI J 5/ 7t - 5 3 L- In I. f tJ /PI ~ R~~LI'L.(fi ~. rei. / ff14i:tJ-
Account Balance I/, JO.ODO
,
City Manager Review: @ t'1
Approved for agenda: . /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\Environmental Services\Dan Beatty\1O-25-04 Chaz agenda. doc
,
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.com
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.E.~
Deputy Director of Publi rties
DATE: October 26,2004
SUBJECT: PURCHASE OF ONE, 1 TON UTILITY TRUCK
Attached is an agenda request for the purchase of one, 1 ton Utility Body Pickup Truck.
This truck was identified for purchase in the 2004/2005 capital improvement plan. The
truck will be used to enhance the efficiency of our valve cleaning and exercising program.
Per the attached memo from Kevin Rumell, a truck with these specifications is required
to adequately pull the vac-con trailer unit. Upon approval by City Commission we will
coordinate the purchase with the Fleet Division. This vehicle is available via State
Contract from Duval Ford Fleet Sales in the amount of $19,376.00. Funding for this
expenditure is available in Account # 441-5161-536-64.25, Vehicles.
Please place this item on the November 2, 2004 Agenda for consideration by City
Commission.
CDB/ped
cc: Richard C. Hasko, P.E., Director of Environmental Services
Jim Schmitz, Acting Director of Public Works
Scott Solomon, Water & Sewer Network Manager
Kevin Rumell, Fleet Maintenance Supt.
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\040ct25-Purchase of Utility Truck.doc ';?::r.y
. .
Scott,
I've inspected trailer #430, your Vac-tron trailer. It has a GVWR of
14,000 lb., which is going to require at least an F-350 SD with the
equipment I've listed here to tow that trailer. In addition to the
options shown below, you will need to purchase an engine upgrade
of either the V-10 gas engine($600) or the 6.0L V-8 dieseU$5,100) to get
the towing capacity you need.
2005 Ford F-350 SD FSA Spec. #29
Base Price $15,642.00
Back-up Alarm 95.00
Trailer Tow Package 489.00
Optional V-10 Engine 600.00 (req'd to meet needed GVWR)
Trailer Tow Mirrors 220.00
Shop Manuals 325.00
5/75 Ext. Warranty 2005.00
Sub-Total 19,376.00
Service Body 3,770.00 (Rayside Truck&Trailer)
Total $23,146.00
Note: Buying the truck with the service body off the contact is a
$4,675.00 option. By having Rayside install the body, we are saving
$905.00, plus getting a better quality body from a local vendor!
The only additional costs would be to have the bed Rhino-
lined ($550.00) , and corner strobe lights (#350.00) installed if you
desire them.
Once the purchase is approved by City Commission and a P.O. is
issued we will coordinate the delivery of the vehicle.
Thanks,
t'<
Fleet Superintendent
City of Delray Beach
Voice: (561) 243-7333
Fax: (561) 272-5366
-
AGENDA REQUEST
Agenda Item ~0. ~
No.
Request to be placed on:
~ Regular Agenda Date: October 26. 2004
_ Special Agenda
_ Workshop Agenda When: November 2, 2004
Description of item (who, what, where, how much): Staff requests Commission award the purchase of
one, I ton Utility Bodv Pickup Truck from Duval Ford Fleet Sales in the amount of $19.376.00. This
vehicle is available via State Contract. Funding for this expenditure is available in Account # 441-5161-
536-64.25 Vehicles.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
- -
Recommendation: Staff recommends award of the purchase to Duval Ford Fleet Sales in the amount of
19376.00.
Department head signature: Iv. 2-7_ o~
-
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review ~d on aU items involving expenditure of funds):
Funding available: 0 If' ¡µA{J{~
Funding alternatives '1l::, ;. f:lf:¡Y}I/"'qle>.4 /
AccountNo.&DescriptionJfJfI-5.¡~/-531o-ttj.J~ . ¿, , ~
Account Balance 1//)0, (j()D
City Manager Review: @- ~1
Approved for agenda: S 0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\Environmental Services\Dan Beatty\040ct25-AgendaReq - Utility Truck-doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.~
Deputy Director of Uti!" .
DATE: October 25, 2004
SUBJECT: Pumping Capacity Upgrade, Lift Station 100A
Attached is an Agenda Request along with a quote for purchase of pumps and related equipment
from Southeastern Pump to be provided by the City in association with the subject project. This
project was identified in the 2004/2005 Capital Improvement Plan and is funded in 5181
Connection Fees. Southeastern Pump was awarded the annual contract for the purchase of
submersible wastewater pumps and equipment (Bid 2002-18). The quote from Southeastern
Pump is for $19,257.00 and is itemized as follows:
ITEM QUANTITY UNIT COST TOTAL
Motor Circuit 3 $744.00 $2,232.00
Circuit Breaker 1 $1,800.00 $1,800.00
18 HP Pump 3 $3,300.00 $9,900.00
* BAF Ass'y 3 $1,075.00 $3,225.00
Guide Rail 6 $350.00 $2.100.00
TOTAL $19,257.00
* Break Away Fitting
Funding is from Account #441-5181-536-69.29, L.S. 100A Capacity Upgrade Project.
Please place the item on the November 2, 2004 Agenda for consideration by City Commission.
CDB/cdb
Att:
cc: Richard C. Hasko, Director of Environmental Services
Bob Bullard, Maintenance Manager
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\040ct25-Southeastem.mem.doc ~~6: 0...
08/02/2004 15:0& 9547818434 SEPUMP PAGE en
~ SOUTHEASTERN PUMP
.
August2,2004
City of Delray Beach
Utility Maintenance Division
434 South Swinton Avenue
Delray Beach, FL 33444
Attention: Mr. Clayton Gilbert
Subject LIFT STATION No. 100A
upgrade Equipment for existing Lift Station Site
As discussed, the follOWing circuit breakers wouJcl be recommended to accommodate the
future design including Barnes 30 HP Submers~ Ptønps:
Circuit Breakers
38a. Square 0 Motor Circuit Protectors, Part No. FAL3615024M $ 744.00 each
1 ea. Square 0 Main Circuit Breaker, Part No. LAL36300 $ 1,800.00 each
Pumoina EauiDment
3ea. Barnes Submersible Pump ModeI6SE18034L. S-inch discharge, 18 HP, 240 Volt.
3-Phase, 40 ft. power cords.
Price: $ 3,300.00 each, detivered
3 ea. Barnes Break-Away~FJtting including base elbow, pump flange, and upper raif
bracket.
Price: $ 1,015.00 each, delive~
68a. 2- x 20 ft. Type 316 Stainless Steel Guide Rail Pipe
Price: $ 350.00 each. delivered
We wil' forward a forma1 quotation on the generator !8t tomorrow for your review; the
transfer switch wi. be contained in that package.
Sincerely,
$Ju.r "II~
SouTHEASTERN PUMP
PO Box 100727 . Ft. Lauderdale, FL 33310 . 1368 SW 12th Avenue . Pompano Beach. Fl33069
Phone (9541 781-8400 . Toll Free (BOO) 396-4162 . Fax (954) 781·8434 . www.sepump.com
---------
Agenda Item NO~' 0.......
AGENDA REQUEST
Date: October 25, 2004
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 2, 2004
Description of item (who, what, where, how much) : Staff requests
Commission Approval of the purchase of pumps and related equipment from
Southeastern Pump to be provided by the City in association with the
Capacity Upgrade of Lift Station 100A. The equipment will be purchased
from our annual contract with Southeastern Pump. Total amount of this
purchase is $19,257.00 and will be funded from Account #441-5181-536-
69.29, 100A Capacity Upgrade Project.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: from Southeastern
Pum
Department head signature: (OIUCO'1
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure of
funds) :
Funding available: ~NO
Funding alternatives (if apPl¿;able)
Account No. & Description 1./"1/- [}/r/- 531. -t/i.:J.~ L Sloof/- C"-¡Ac.' _ Zl/JVf.Q.Jz.,
Account Balance 111; 550 ~ J~);'$.'1 __ /1J..);¿C¡ 3 I
City Manager Review, €) fIì1
Approved for agenda: . E /NO ;
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\Environmental Services\Dan Beatty\040ct25-Southeastern.ag.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.~
Deputy Director of Pu' ilities
DATE: October 25, 2004
SUBJECT: Purchase of 125 KV A Fixed Generator
L.S. 100A Capacity Upgrade Project
Attached is an agenda request and supporting documentation for the purchase of a 125
KV A fixed generator which is part of the L.S. 100A Capacity Upgrade Project. This
project was identified in the 2004/2005 Capital Improvement Plan and is funded in 5181
Connection Fees. As a result of the Downtown Area Redevelopment there has been a
significant increase in sewage flow at L.S. 100A. In order to provide continuous service
to this critical area the generator will be permanently installed as part of the Capacity
Upgrade Project. The specifications for the generator include an internal fuel tank as
well as a hospital zone quiet enclosure. Two quotes were received and one letter
declining to quote for this equipment and R. B. Grove, Inc. was the lowest quote in the
amount of $33,450.00. Funding for this expenditure is available in Account # 441-5181-
536-69.29, L.S. 100A Capacity Upgrade.
Please place this item on the November 2, 2004 Agenda for consideration by City
Commission.
CDB/ped
cc: Richard C. Hasko, P.E., Director of Environmental Services
Robert Bullard, Manager of Maintenance
Patsy Nadal, Purchasing
City Clerk
Agenda File
U:\wwdata\Beatty\Memos\040ct25-Purchase of KV A.doc '6 ~5.b~
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RB. GROVE, INCORPORATED
GENERATORS & ENGINES
Page 1 of 2
JOB NAME: CITY OF DELRA Y BEACH
QUOTE NO: KL-1 01 0236-RHG
DATE: OCTOBER 19, 2004
F.O.B.: FACTORY FREIGHT ALLOWED TO JOBSITE
DELIVERY: TO BE DETERMINED
TERMS: NET 30 DAYS FROM INVOICE
1 1/2% per month interest will be charged on all amounts over 30
days. Cancellation charges will apply if canceled more than 12 hours
after contract is received.
Storage charges are applicable for equipment stored at
R.B. Grove, Inc. more than 30 days.
BY: RICK GRIFFITHS II
THIS QUOTATION INCLUDES ONLY ITEMS LISTED BELOW. IF OTHER EQUIPMENT OR SERVICES ARE REQUIRED PlEASE CONTACT US.
FlORIDA SAlES TAX 6.5% Will BE ADDED IF APPLICABLE. PRICES ARE FIRM FOR 30 DAYS, SUBJECT TO RECONFIRMATION.
125 kW KATOLlGHT, SP SERIES GENERATOR SET
One Diesel fueled Standby Generator, model # SED125FJJ4, rated for 125 Kw @ .8 PF,
60 Hertz, three phase, 120/240 volts, 1800 RPM complete with all standard equipment,
as listed on our brochure and our specification, including the following:
· UL 2200 approved 'j1/lji?
· Genmaster 500 lCD Display Digital control panel
· Emergency stop button on control panel
· 400 amp thermo magnetic main line circuit breaker (mounted)
· Battery / rack / cables / acid
· Battery charger (mounted & wired, terminal block for 120 V connection)
· Critical muffler mounted inside enclosure
· Aluminum "Crystal Quiet" model weather proof enclosure, 68 dBA, 125 MPH /
150 MPH gust wind load rated, panel lined internal air intake ducting, position of
air intake is raised to roofline to prevent ground blown debris from obstructing
intake and radiator, radiator exhaust chamber to direct air and sound upward,
muffler mounted inside exhaust chamber, pitched roof, no hardware penetrations
through the top of the roof, roof section is hot rolled inward and secured
internally, flush keyed door handles
· 275 gallon Ul142 listed subbase fuel tank with leak detection, low fuel level
alarm, fuel fill spill containment, emergency pressure relief vent / cap,
approximate 36 hours run @ 75 % load
· 4.8GPH @ 50% load, 7.2 GPH @ 75% load, 9.3 GPH @ 100% load
· low coolant level shutdown
· Oil drain extensions
· 5 yr /1500 hour Katolight warranty
· Test acceptance run, one day, one visit, regular working hours
R.B. GROVE, INC.
261 SW 6th STREET. MIAMI, FLORIDA 33130-2991
TEL: (305) 854-5420. www.rbgrove.com. FAX: (305) 854-0532
. ~
.
R.B. GROVE. INCORPORATED
GENERATORS & ENGINES
Page 2 of 2
Quote #KL-1010236-RHG
· Isochronous Electronic Governor
· PMG, Permanent Magnet Excitation System, dedicated power source for
voltage regulator
· Coolant heater, thermostat, wired to terminal block
· Certified, at factory load bank tests
· Freight to jobsite (unloading by others)
One (1) Katolight I Zenith automatic transfer switch, model # KATG-40E, rated 400
amps, 120/240 volts, three phase, 3 pole, 60 Hertz, inphase monitor, and NEMA # 3R
(outdoor mounting) enclosure, with MX150 Controller which include the following:
· Auxiliary contacts: Closed when the switch is in the emergency position
· Auxiliary contacts: Closed when the switch is in the normal position
· Engine start contact
· Indicating LED Pilot lights, source available and switch position
· Time delay to engine start: Standard setting 3 seconds, adjustable 2-10 seconds
· Time delay on retransfer to normal: adjustable 0-60 minutes
· Time delay for engine cool down: adjustable 0-60 minutes
· Time delay on transfer to emergency: adjustable 0-5 seconds
· Push button bypass of T & W timers
· Seven (7/14/21) day timed exerciser (COT memory backup battery included)
TOTAL NET PRICE EACH: (SALES TAX NOT INCLUDED) $30,350.00
Options:
Load bank test at jobsite................ ............................ ..........$400.00
Sub-base tank raised I mounted on angle iron........................$800.00
Automatic transfer switch,
Delayed Transition type, 0 to 10 minute adjustable from the neutral switch position
to S1 source one and to S2 source two......................................$1,OOO.OO
Option M80, EPM300 digital meter, amps, volts,
frequency................................................................................ .$900.00
EXCEPTIONS: Automatic transfer switch is a separate piece of equipment; i
mounted inside generator housing
· Fuel, Offloading of equipment from truck, Any Installation, piping,
wiring, venting
R.B. GROVE, INC.
261 SW 6th STREET. MIAMI, FLORIDA 33130-2991
TEL: (305) 854-5420. www.rbgrove.com . FAX: (305) 854-0532
AGENDA REOUEST '6TSb
Agenda Item
No.
Request to be placed on:
--X- Regular Agenda Date: October 25. 2004
_ Special Agenda
_ Workshop Agenda When: November 2. 2004
Description of item (who, what, where, how much): Staff requests Commission award the purchase of a
125 KV A fixed generator from R. B. Grove. Inc. in the amount of $33.450.00. This generator will be
placed permanently at L.S. 100A as part of the Capacity Upgrade Proiect for this lift station. Funding for
this expenditure is available in Account #441-5181-536-69.29. L.S. 100A Capacity Upgrade.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
- -
Recommendation: Staff recommends award of the purchase from R. B. Grove, Inc. in the amount of
$33.450.00. -a -;;a;, ( 0, u. üt
Department head signature: . ~ '4l~ . ð . .
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (=d on aU items invol~ eXJ,1enditure of funds):
Funding available: 0 # HI? "1.i tv, U-J
Funding alternatives ~icable)
Account No. & Des.cription 1A.N S f:d .L $/ OoA- C~f.(>.' ¢c¡ Uff . l¡~i-5Iff -fiX - fcý.J. c¡
Account Balance /I;22~ j)() ()
City Manager Review: Gl2
Approved for agenda: !NO ~1
Hold UntIl: '
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
U:\wwdata\Forms\Agenda Requests\040ct25-AgendaReq - Generator-doc
,
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.com
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.E~
Deputy Directo f ublic Utilities
DATE: October 25, 2004
SUBJECT: Pumping Capacity Upgrade of Lift Station 100A
Attached are an Agenda Request, Location Map and Quotation for labor and equipment
required as part of the pumping capacity upgrade for the subject project from Murray
Logan Construction, Inc. This project was identified in the 2004/2005 Capital
Improvement Plan and is funded in 5181 Connection Fees. The recent redevelopment
of the downtown area has significantly increased the sewage flow to Lift Station 100A.
As a result significant modifications to this station are required including pump upgrades,
interior piping and electrical modifications. Additionally, an on-site fixed generator will be
installed at this lift station to ensure operation in the event of a power outage. The quote
is based on unit prices outlined in Murray Logan's continuing maintenance contract with
Northern Palm Beach County Improvement District. The quote from Murray Logan
Construction, Inc. is for $48,000.00 and will be funded from 441-5181-536-69.29, L.S.
100A Capacity Upgrade.
Please place the item on the November 2, 2004 Agenda for consideration by City
Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Utilities Maintenance Manager
Patsy Nadal, Purchasing
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\10-25-04 Murray Logan Agenda mem.doc ~J·SC
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~ ,"i CITY of DELRA Y BEACH CAP ACI TY UPGADE DA1E:1o-25-2œ4
r II ! '. _ ENVFICJNEIlTAL 8EFMCEI8 DEPARTMENT L.S. 100A ISHllCoVWm'II'GMI:
~ '. ...ø:xmt....-cNA....CB.MYBEM:H,A..CfIÐA811444 2004-200 1 of 1
C-~~·::;, 2:1Ü': 6 : 2 : : _.-.~ i',:. ~: r: .~ .: -' 2: ;:
.
.'WVRRAY LOG.4.rv CONSTRllCTION, INC ~~
Ge"~f"(:rl Contractðr$
3D 6~TH TRAE. J-..10RTH
EXCf.llf/w::e \.V3S-r PALM ßE..-'\.CH. PLORI~~A 33413
TELEPHON6¡561) 686-39';3
Sf;¡C6 fAX (561)666-7465
1968
August 30, 2004
Attn: Mr.Clayton Gilbert
Cíty òfDelray Beach
434 S.Swintoß.8ve,
Delray Beach, Fl.33444
Reference: Pump Station 1# tOOA "Rehabilitation"
Dear Mr. Gilbert:
Per our recent Site visit and upon your reqiJest to reflJrbish the above reìèrence project,
Murray Logan Construction, Inc. submits the cost proposal for your revi~w. Please note
that this proposal foHows our annual agreement contract With Northern Palm Beach
COWlty Improvetnent District and tbe City of Delray Beach can piggy-back off of this
contract if it cl1oses.
Scope ofworklcost breakdown
1. Mobilize.:;:; $ 4000.00
2. Maintenance of Traffic.= $500.00
3. BypaM pumping. $8000.00
4. Vac Truck.=$800.00
5 . Piping with Ductile iron Proteeto 40 1 lining. ""'$15000.00
6. Stainless stccl base plates for OWllef furnished pumps.=1500.00
7. Assist city in removing control panel and trucking to and from site.=$SOO.OO
8. Misc. concrete work (float new floor if needed).= $800.00.
9, Install owner funLished base elbows, pumps, guiderail pipes and
brackets. -$6700.00
10. lnstal1 generator pad fur owner furnished generator.=$4000,OO
11. VaJve vault work jnstall owner furnished check valves and plug
valves.=$6200.00
Grand Tctal =$48000.00
Notes: This work does not include lining in the wet well if needed, restoration and
permitting.
~]1'
-
AGENDA REOUEST
«;T~-
Agenda Item .. ~
No.
Request to be placed on:
~ Regular Agenda Date: October 25. 2004
_ Special Agenda
_ Workshop Agenda When: November 2. 2004
Description of item (who, what, where, how much): Staff requests Commission Approval of a quote
from Murrav Logan Construction, Inc. for labor and equipment relating to the capacity upgrade of Lift
Station 100A. The quote is based on unit prices outlined in Murray Logan's continuing maintenance
contract with Northern Palm Beach County Improvement District. The quote from Murray Logan
Construction. Inc. is for $48.000.00 and will be funded from 441-5181-536-69.29. L.S. 100A Capacity
Upgrade.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATIACHED YES/NO
Recommendation: Staff recommends approval of the quotation from Murrav Logan Construction. Inc.
Department head signature: CÞ£ì:- ~ ( 0, ·Zk. a'"
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Direc~or Re~ew (required on all it~ms involvi~ expenditure of funds):
Fundmg avallable:~O :} H;7 w- u),.Q ~
Funding alternatives (if applicable)
Account No. & DescriptionL{ 'i-I-Elk" 1·~iSL,"{.,'1-2r lJi ~ tel. t.. 5/ðDfI- Cc..r; /1 ~~ç,rø_~
Account Balance If :J:}'~ CD r") 0MJ # 33/ '/5 D (J--'U Fj 0 .550
City Manager Review:
Approved for agenda: ~O ~
Hold Until:
I
I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\Environmental Services\Dan Beatty\] 0-25-04 Murray Logan agenda. doc
Of<
MEMORANDUM t1
To: David T. Harden, City Manager
FROM: James H. Schmitz, lnteri
DA TE: October 28, 2004
SUBJECT: A!!enda Item City Commission
Meetin~ November 2, 2004
Bid Award - Park and Recreation % Ton Utilitv Body Pickup
Action
City Commission is requested to approve a bid award to Garber Ford Fleet Sales under
the Sheriffs Association and Florida Association of Counties bid specification #28 for a
2005 Ford % Ton Utility Body Pickup to replace Vehicle #773. Funding from account
code 501-3312-591-64.20.
Backround
Staff is proposing the purchase of a 2005 Ford % Ton Utility Body Pickup. This vehicle
will be replacing existing Vehicle #773.
Recommendation
Staff recommends the purchase of a 2005 Ford % Ton Utility Body Pickup under the
Florida Sheriffs Association and Florida Association of Counties bid specification #28 in
the amount of$17,276.00 with funding to come from account number 501-3312-591-
64.20.
Cc: Kevin Rumell
Joe Weldon
Tim Simmons
Fleetlbidawardrecvehicle.doc
)su.6.
Message Page 1 of2
.. .~
Rumell, Kevin
From: Rumell, Kevin
Sent: Wednesday, October 27,200410:21 AM
To: Harden, David
Cc: Simmons, Tim; Weldon, Joseph; Schmitz, James
Subject: Parks Vehicle 773
Tracking: Recipient Read
Harden, David Read: 10/27/2004 4:30 PM
Simmons, Tim Read: 10/27/2004 11:14 AM
Weldon, Joseph
Schmitz, James Read: 10/27/2004 11:19 AM
Mr. Harden,
Vehicle 773 is at the garage and has been diagnosed as having a blown engine. It
is very high on the replacement list I've been compiling (currently #7). I would
like permission to get an immediate replacement for this vehicle from the FSA
contract. I am looking at Specification number 28, a 3/4 ton pick-up truck. The
truck we are replacing (773) is diesel powered. I questioned Tim Simmons as to
whether he would prefer the replacement truck to be diesel or gasoline, and he
indicated that the decision would be yours. Please advise if I may proceed with
ordering this vehicle. Here is the replacement costs I've prepared:
2005 Ford F-250 SD From Garber Ford (west) $14,347.00
Back up Alarm 89.00
Trailer Towing Pkg. 435.00
5/75 Extended Extra Care Warranty 2005.00
Complete Set of Shop Manuals 400.00
$17,276.00
Additional Cost for Optional 6.0 L Diesel Engine 5,100.00
$22,376.00
Items Installed After Delivery, Not Off
FSA Contract Tint 100.00 (Elite Tint)
Strobe Lights 350.00 (In House)
Utility Bed 3215.00 (Rayside)
Bed Lining 550.00 (Line-X)
$4,215.00
Total Cost of Truck
With Diesel $26,591.00
Without Diesel $21,491.00
10/28/2004
I Date: October 28. 2004 AGENDA ITEM NUMBER:
, .
~j.O
AGENDA REQUEST
Request to be placed on:
I _ ûmsent Agenda _X_Regular Agenda _ Workshop Agenda_ _ Special Agenda
I When: Nove~ber2.2004
Description of agenda ite~ (who, what, where, how ~uch): Requesting Commission
award the purchase of one 3f4 Ton Utility Body Pickup Truck fro~ Garber Ford Fleet
Sales in the a~ount of $17.276.00. This vehicle is an immediate replace~ent for
vehicle 773 which will appear on our replace~ent list. and has a blown engine. This
new truck is available via Florida Sheriffs Contract and funding for this expenditure
is available in our vehicle replace~ent budget. Account # S01-33U-S91-64.20
~partmentHea~ itA ~
Stgnature: . ~
City Attorney Review/Recommendation (1 applicable):
Budget Director Review (required on all ite~s involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials: trt1
\
Hold Until:
Agenda Coordinator Review:
Received:
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.E. ~
Deputy Director of Public U .. es
DATE: October 25,2004
SUBJECT: Purchase of Thirteen Skid Mounted Generators
Attached is an agenda request and invoice for the purchase of thirteen skid mounted
generators from Florida Rural Water Association (FRWA) in the amount of $64,400.00.
As you may recall we initially acquired eight generators from FRWA during the recovery
from Hurricane Frances and another five after Hurricane Jeanne. The FRWA purchased
approximately 120 generators from Miami Dade County which have been in storage
since shortly after Hurricane Andrew in 1992. In turn FRWA is selling the generators to
various Utilities throughout the State. The thirteen generators that are currently at our
shop and listed on the attached invoice have very low hours and are in excellent
condition. Our generator technicians have thoroughly examined each generator to
confirm their capability. The generators vary in size from 40KW to 100KW and can be
easily modified for trailer mounting. This is an excellent value and a cost effective way to
triple our emergency generator fleet. Funding for this expenditure is available in Account
# 441-5161-536-64.90, Other Machinery and Equipment (budget transfer attached).
Please place this item on the November 2, 2004 Agenda for consideration by City
Commission.
CDB/ped
cc: Richard C. Hasko, P.E., Director of Environmental Services
Robert Bullard, Manager of Maintenance
Patsy Nadal, Purchasing
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\040ct25-Miami Dade Co Agenda Memo.doc ~z:T,1.
Florida Rural Water Association INVOICE
2970 Wellington Circle W, Suite 101
Tallahassee, FL 32309
850-668-2746
BILL TO: INVOICE DATE October 22, 2004
Dan Beatty INVOICE NUMBER 0109
Delray Beach Water Department
434 S Swinton Ave
Delray Beach FL 33444
BALANCE DUE FRWA $69,230.00
AMOUNT ITEM Size SERIAL NO PRICE TAX TOTAL
1 GENERATOR 60 kW 329709 $4,700.00 $352.50 $5,052.50
1 GENERATOR 50 kW 329845 $4,600.00 $345.00 $4,945.00
1 GENERATOR 50 kW 329894 $4,600.00 $345.00 $4,945.00
1 GENERATOR 50kW 329968 $4,600.00 $345.00 $4,945.00
1 GENERATOR 60kW 330290 $4,700.00 $352.50 $5,052.50
1 GENERATOR 60kW 330419 $4,700.00 $352.50 $5,052.50
1 GENERATOR 100 kW 330521 $6,000.00 $450.00 $6,450.00
1 GENERATOR 100 kW 330523 $6,000.00 $450.00 $6,450.00
1 GENERATOR 40kW 330625 $4,500.00 $337.50 $4,837.50
1 GENERATOR 50kW 331311 $4,600.00 $345.00 $4,945.00
1 GENERATOR 60kW 331351 $4,700.00 $352.50 $5,052.50
1 GENERATOR 60kW 331740 $4,700.00 $352.50 $5,052.50
1 GENERATOR 100 kW 331989 $6,000.00 $450.00 $6,450.00
TOTAL $64,400.00 $4,830.00 $69,230.00
If your company is sales tax exempt, please provide a copy of your tax exempt certificate with
your payment of this invoice less applicable sales tax
Please do not staple payment to invoice.
~--
AGENDA REQUEST
'6~--L
Agenda Item
No.
Request to be placed on:
-X- Regular Agenda Date: October 25,2004
_ Special Agenda
_ Workshop Agenda When: November 2, 2004
Description of item (who, what, where, how much): Staff requests Commission award the purchase of
generators from Florida Rural Association (FRW A) in the amount of $64.400.00. The FRW A purchased
approximately 120 generators from Miami Dade County which have been in storage since shortlv after
Hurricane Andrew in 1992. In turn FRWA is selling the generators to various Utilities throughout the
State. The thirteen generators that are currently at our shop and listed on the attached invoice have very
low hours and are in excellent condition. Our generator technicians have thoroughly examined each
generator to confirm their capability. The generators vary in size from 40KW to 100KW and can be
easily modified for trailer mounting. Funding for this expenditure is available in Account #441-5181-536-
64.90, Other Machinery & Equipment.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the purchase from Florida Rural Water Association in the
amount of $64 400.00.
Department head signature /tJ, lk. of
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Dire~tor Re~ew (~red on all items.invol1g expenditure offunds):
Fundmg avaIlable: /NO 'frÇJ",^-,- W~ ~
Funding alternatives (if applicable) f ~
Account No. & Descriptioni#-SI rl-5:3b - k9.90 -¿J<{ {J fd./ t?4.uf~¡{o¡)e~ '#t - r
Account Balance ,.f! fo~A/oO f.{¿AJd"wJ -¡¡;~I c¡ @H
City Manager Review: ~
Approved for agenda: @/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
U:\wwdata\Forms\Agenda Requests\040ct25-AgendaReq - Miami Dade.doc
01<
D7Vl
TO: D~~
THRU: PAUL DORLlNG, DIRE OF PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANNEtt>Vt ~
SUBJECT: MEETING OF NOVEMBER , 2004 *** CONSENT AGENDA***
ACCEPTANCE OF A LANDSCAPE MAINTENANCE
AGREEMENT FOR BERKHEIMER BUILDING (80 NE 4TH
AVENUE)
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The action requested of the City Commission is acceptance of a landscape
maintenance agreement for the Berkheimer Building, located on the west side of
NE 4th Avenue, north of East Atlantic Avenue (80 NE 4th Avenue).
On November 19, 2003, the Site Plan Review and Appearance Board approved
a Class I Site Plan Modification request for the Berkheimer Building subject to
conditions. The proposal involved cosmetic elevation changes to the building,
including the provision of new windows, awnings, lights and color scheme and
the installation of landscaping. The existing building has zero side interior
setbacks. Along the south side the building abuts the City's parking lot (known as
Railroad Lot). The applicant is requesting the removal of a portion of the excess
asphalt between the parking stalls and the building to allow the installation of five
Travellers Palms underplanted with Red fountain grass and Cocoplum hedges.
One of the conditions of approval was that a landscape maintenance agreement
be executed which obligates this development to construct, install and maintain
the newly installed landscaping within the City owned parking lot. The City
Attorney has reviewed the agreement for legal sufficiency and form, and
determined it to be acceptable.
By motion, accept the landscape maintenance agreement for the Berkheimer
Building.
Attachments:
(J Location Map
(J Landscape Plan
(J Landscape Maintenance Agreement
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N BERKHEIMER BUILDING
-
80 NE 4TH AVENUE
CITY OF DELRA Y BEACH. FL
PLANNING & ZONING DEP ARTMEN T
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, - DES!GNEDBY: .i '
t ...nc;;;.".&lnigIIianplonoF«: CARTER & ASSOCIATES I
~. f,1 ~ La 'I BERKHEIMER· BUILDING LANDSCAPE ARCHITECT'S, INC. . .
... ~ ,I ,> "-;. l' ~'! 80 N.£. .... -- ".... ........ ...... 74 N.£.... AIlE. DElAAY BEACH, FL 33483
' '* \)': I " 581.272.9621
I .
·
^
T'ropared by: RETURN:
It Brian Sbutt, E.~
City Attorney's Office
JOON.W. htAvcuue
Ðr.lray Bea<JJ, Florida 31444
-- -~
LICENSE AGREEMENT
THIS UCENSEAGREEMENT is made this _ day of 200
~..,.,...' - ,....
by and between the City of Delray B~ach~ Horida ("Cityn) and .Be,!h?,i,mer Family Trust
("1 . t')
,tcensec . .
W J T NE SSE T H:
WHEREAS. the L.içeJ!St:e wishes to beautify the building as shown on Exhíbit nA" by
placing landscaping adjacent to the building; an~
\~lHEREAS. tbere is not sufficia.nt. room on the existing property to at10w for the
land5caping~ and,
WHE.REAS. the City ç0DSe11ls to the placement of land'tCaping on City O\\'1tât property
ptU$uant to the tenns of this Agreement; and~
WHEREAS, this Agreement shan in no way be deemed an actuaJ,constructlve or any
other type of abandonment by the City of the property adjacent to the building as shown on
Exhibit "A")' and,
¥lHEREAS~ the City reserves the right at any time to utilize its propel1y for any pmpose~
and~
·
WHEREAS, the public will benefit from the beautification of tbis area by the addition of
landscapÙ'lg; an~
WHEREAS~ this Agreement is not effective tm1ess the Lìcenseehas submitted a
landscape pJanand it has been approved by the City; ~
WHEREAS. this Agreement is only a license to allow Licensee the right to enter upon
and com1ructlinstalVmaintain tbe landscaping.
NOW, THEREFORE, in consideration of the rnut1J~1 covenants: and conditions contained
in this Agret.."ment, and Qther good and valuable consideration. the receipt anrlsufficiency of
which are hereby acknowledged. the parties hereby agree as fQllows:
L The PartIeS hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Licensee shall perfonn all conditìons Wj. required by the City or any Board of
tbe City in conjunction witIt tlte site plan and review procO$S fOT the required installation and
maintenance of the landscaping. TIle su~;ect property, further described in Exhibit "A", shall
have an approved landscape plan. Exhibit "Bt.. attacbed hereto and incorporated herein by
œference.
3. The Licensee shall be responsíblc fo.r purchasing and Ít1$tallingaU plant, tree}
hedge Of grass material Of any other material as required by or shown on theLÌcensee's approved
Jandscapìng plan.
4. The Licensee herebyagl."ees to maintain the plantings on th.e City prop~y in
accordanc.e with tbe City's Ordinances and tbe terms and condìtìons of this Agreement. The
Licensee shall be respon~'Íble to m.aìntaìn, which means the proper watering and proper
. .
insects; to properly mulch the plant beds; to keep·tlJe premises free of weeds; to mow and/or cut
the grass to a proper beight; to properly prone aU plants which includes (1) re.mo\-'Ìng dead or
diseased parts of pla11ts~ or (2) pruning such parts thereof whicb pre~ent a ,,;suaJ hazard for tbose
using the City property. To maintain. also means removing Q! replacing dead. or diseased plants
in their entirety, or removing or replacing those that fall below original project standards. AU
plants removed for whatever reason shall berepIaced by plants of the same gtade, not necessarily
the same plaut but of acceptable quality to the City and the Licenm.>e, as spet.;jfied iT.l the original
plans and specifications and of a size comparable to those rrxisting at the time of ret)lø.ccmcnt.
To maintain al$o means to keep litter removed ftom the land~aped areas OJI the Citypropelty.
Plants sh.an be tbose items which would be scientifically classified asptantß and indl1de but are
not Ihnìted to trees, grass, or shmbs.
S. If at any tirnð after the e..xtcut1.on of this Agreement by the Licensee~ it sbAll oome
to the attention of the City that the landscaping is oot properly mai11tained pursuant to tbe tenns
and conditions of tbis Agreement then the City may at it! option issue a written notìce tbata
deficiency or deficíendesexist, by sending a certified letter to the Lícet'JSl.,"C. Therea.fter~ the
Licen.see shall bave a period of thirty calendar days within which to correct the cited deficiencíe$.
If said deficiencies are not corraded within this time period. the City·may at jtsöptiou,proceed.
au fo110Ws.:
(a) Maintain tbe 1andscaping or part thereof, and invoke the Líœnsee fur expenses incurred..
(b) Tenninate this Agreement and require the Licensee to p1açe the City property in the
{';OJ'tdjtiQn tbat it was in prior to this Agreement.
6. At an times hereto. the Licensee shall own and maintain alllandséaping ínStaUed
on the City property by tbe Lìcensee.
:3
,
7. If for any reason, in its sole dìscletio~ the City decides that it neeJs the property
for ,my purpose tbis Agreement shaU terminate, and the Li(:ens~ s.haH be required to remove an
landscaping materia) <Jt' other material instal1ed by l.icensee within 30 days of such notification.
S. '.I'he Licensee shall indemnify. defend and hold harmless the City, its officers,
employees and agents ftorn al1 suì~ actions. claims and liability arising solely out of the
Licens.ee's installation and maintenance of landscaping on the City's property. The Licensee shall
further bold tbe City harmless ff>r any damage that may be caused to the landscaping located on
City propeIty, wbether it be caused by too City. its employees. agootsOf oon1ra<:tors or anyone
else.
9. lñïs Agreement shaH constitute the entire Agreement of the parties with respect to
the subject matter of it. AU prior W1derstandings WId agreements between thepart1es with
respect to such matters are m~ged into this Agreement, which alone fully and completely
expresses thèÌr understanding.
to. This Agreement may not be assigned or tTansfeued by the. LicQ1$ee. in whole or
part without the vvTÍtten consent of the City.
It. This Agreem$lt shan be binding on the Partìes~ their respectívc hcirs, su.ccess01'S.
legal representatives. MId permitted assigns and shal1 be r~rded in the Public Records of Palm
Beach County and sban 11m with tbe Jand.
12. This Agreement sha11 be governed by and construed in acc<m1ance ",ith the laws
of the State ofF'lorida and venue shall be inPabn Beach County~ Florida.
IN WITNESS \VHEREOF, the parties hereto bave caused this Agreement to be duly
executed on their behalf this _dayof_~ ,200 .
ATIEST: CITY OF DELM YBEACH~ FLORIDA
4
" .
...-- By: ___.__._______.______________._________
City Clerk. JeffPe:rbnan., Mayor
.Approved as to legal furm
and sufficiency:
.~~n.n...n.....n..n.n....n...".
City Attorney
WITNESSES: c.4.
Dennis J. Harri rustee
......u.nn.n......n.nn..nn......n.n.."'^·~·"'"
(Print OJ' Type Name) (Prínt or Type Name)
(I~nt Of Type Name)
STATE OF rL-
.........._""""""...._......................................................~
COUNTY OF PC\(A!' ~
(þc-t" The foregoing ìnstr~ent fr: It?knowledged before me· this ..JÌ..L day of
, 20~ by D~V\V\.,s tn.r . as 'Tr~.f-~c. _.~__._____.
(mulle of officer or agent. title of officer or agent). of
(name of l'.Orporation acknowledging), a (state or plac.e of incorporation)
corporation, QI1 bebalf of the rorpomrlon. !!clShe is ~onaUy la:lID\-il to me or has produced
(type of identiflcaûon) as ídentificatî~
~,~-~,-~. .. . ~
J2 ¡ I
. /
,...~~~~ó;", DEBORAH HOWARD .
{'~:!;/:1: MY COMMISSION # DD 046403 Signature of Person Taking Ackoowledgme.l.1.t
~'" ../~./ EXPIRES: July 31. 2005 Q~~~
""~',~r:~~' Bcnded Thru No~ Public Underwriters
-~ ~
Name Typed. Printed or Stamped
5
.
~
NOV 1 2 2003
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PLANNINIJ CI LUI111~G i II II ·
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Memo 5A
To: David Harden - City Manager
From: Lula Butler, Director - Community Improvemeut Lb
Subject: ReQuest for a Waiver to Section 4.6.7 (E)(l) of the Land Development Re!!Ulations
Governin2 Si2n Locations
Date: October 29, 2004
ITEM BEFORE THE COMMISSION:
City Commission consideration of a request to waive Section 4.6.7(E)(I)ofthe Land Development Regulations
requiring signs to be located on the property on which the business is located.. The request is from Abbey
Delray South, 1717 Homewood Boulevard.
BACKGROUND:
The Site Plan Review and Appearance Board met on August 25, 2004, to consider and support a waiver to the
sign code for an off-premise sign for Abbey Delray South. The applicant is requesting consideration to place a
free-standing sign at the southeast comer of Linton Blvd and Homewood Blvd on property owned by
Crosswinds of Delray Beach, Inc. The Board approved the waiver based on funding of just cause that a
significant number of elderly travelers are unable to read it in time and drive passed the entrance. The Board
also agreed that Abbey Delray South is a voting precinct and voters are having trouble locating their voting
station, voting unanimously to forward the sign on to the City Commission for consideration to waive Section
4.6.7(E)(l) Off-Premise Signs. The staff report, as reviewed and approved by the Board, is attached.
Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this
section of the code governing signs after making a finding of fact based on one of the following:
· Shall not adversely affect the neighboring area
· Shall not significantly diminish the provision of public facilities
· Shall not create an unsafe situation; and
· Does not result in the granting of a special privilege in that the same waiver would not be granted under
similar circumstances on other property for another applicant or owner.
RECOMMENDATION:
Staff is recommending approval of the waiver request to Section 4.6.7(E)(l) based on the finding and
recommendations of the Site Plan Review and Appearance Board.
LB:DQ
Attachments
CtB
IDENTlRCATlON SIGN FOR
ABBEY DELRAY SOUTH
1717 HOMEWOOD BLVD
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1711
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12"
.090 ALUMINUM CASE
TEX1URE COAlED
BEIGE BACKGROUND
1/4" PLASTIC LETTERS
SECURED WITH SlUCONE CLEAR
RAISED TRIM ANISHED WHITE
SIGN 6' FROM GRADE
CASE WElDED
1-1/2" x 3/16" CROSS MEMBERS
3" SCHLD 40 STEEL SUPPORTS
SET IN CONCRETE 3'x12"x12"
,
III. SIGNS
A. Abbev Delrav South; 1700 Homewood Boulevard; Waiver Request to the Siqn Code;
Don Maclaren. Authorized Aqent.
Chairman Eliopoulos inquired if any Board member wished to disclose any Ex Parte
Communications on this item. As there were none, the Chairman invited staff to
make a presentation.
Ms. Andrea Strohmer, Plan Review Technician entered the file into the record and
presented the item to the Board through a review of the staff report. The applicant is
requesting a waiver to the sign code lOR Section 4.6.7(J)(2) Off-Premise Signs, to
place a freestanding sign for Abbey Delray South on. .the property owned by
Crosswinds of Delray, Inc. If the Board supports the request to waive the sign code
based on the finding of just cause or hardship it will be forwarded to the City
Commission for final approval.
Abbey Delray South is a retirement community on 32-acres with apartments and
single family villas, as well as recreational facilities and a health care center. It is
located at 1717 Homewood Boulevard, and borders Linton Boulevard on the north
and Germantown Road on the south, with the main entrance on Homewood
Boulevard. The community has one freestanding sign on Linton Boulevard facing
north and a 2nd freestanding sign at their entrance.
At this point on the Agenda Ms. Dowd arrived.
The sign at their entrance is set back far enough from Homewood Boulevard that a
significant number of elderly travelers are unable to read it in time and drive pass the
entrance. Also, Abbey Delray South is voting Precinct #4166 and drivers have had
difficulty finding the polling place.
The proposed monument style freestanding sign will be placed facing west on the
corner of Homewood Boulevard and Linton Boulevard, on the property owned by
Crosswinds of Delray. The sign will be non-illuminating, 6-feet tall by 7.41-ft in
length and single faced. The sign area is 3.20-ft high by 5.41-ft in length (17.31-SF),
and will be constructed of aluminum with raised finished trim. The textured exterior
coating will be painted beige with %" thick plastic letters in black. The Abbey Delray
logo of three palm trees will be colored green and placed above the copy, with the
community address placed below the middle accent trim line. The copy will read,
"Abbey Delray South, a Life Care Community, 1717 Homewood Boulevard".
Staff recommended approval of the waiver request based on the unique location and
drivers not being able to see or read the entrance sign.
2 SPRAB Minutes 8/25/04
------
·
Chairman Eliopoulos inquired if the applicant had any questions of staff. There were
none, Chairman Eliopoulos invited the applicant to make their presentation.
Mr. Shawn Perrigo, Abbey Delray South Administrator commented that in addition to
the elderly who come to our community, we are also a voting precinct and have
several other individuals coming to our community. In addition we do have a health
care center and 288 apartments at which time an individual may call 911 and we
have been told in the past that if there is a new driver that it is difficult to find Abbey
Delray South because we are set back so far. We employ about 225 people, many
of which car pool or a family member will drop them off and it is quite difficult to find
the community because we are set so far back and we don't have signage at the
corner of Linton Boulevard and Homewood Boulevard. We have been working on
this for 2 1/2 years and we worked with Crosswinds and their Board of Directors to
get to this point. He asked that the Board strongly consider this request and for their
support.
Ms. Jean Beer, 2125 SW 26th Terrace stated that one of the points of confusion is
that when people drive in on Homewood that on Crosswinds property is a big wall,
right at the end where it curves, and on that wall is a huge sign "Crosswinds". So as
people come in they see Crosswinds and go shooting right pass and they don't know
where there are and come back again. You know how bad the situation is when
members of your police force are coming to give a presentation and are late
because they couldn't find it.
Mr. Earl Teske, resident of Abbey Delray South stated that my interest started when
I was president of the men's club which we have a 100 men from Abby Delray
South. Every Thursday morning we would have a meeting and invite speakers. The
speakers were arriving late and one speaker had said that he thought Abbey Delray
was on Congress and Ocean and didn't know that there was an Abbey Delray South.
Also, we have a problem marketing the place.
Chairman Eliopoulos inquired if anyone from the Public wanted to speak for or
against the project. There were none.
Chairman Eliopoulos closed the public hearing and the Board commenced
deliberations on the proposal.
The Board was supportive of the request, and felt that landscaping needed to be
provided at the base of the new sign and landscaping improvements at the existing
sign.
It was moved by Mr. Gregory, seconded by Ms. Dowd and passed 7-0 to
recommend approval to the City Commission of the waiver request to the Sign Code,
LOR Section 4.6.7(J)(2) Off-Premise signs, for Abbey Delray South to place a free
standing sign on the property owned by Crosswinds of Delray Inc., subject to the
following conditions:
3 SPRAB Minutes 8/25/04
. .
1. That the base of the sign be landscaped; and,
2. That the landscaping on the existing sign be brought up to code.
The justification is based on the unique location and for drivers, especially the elderly
travelers, not being able to see or read Abbey Delray South's entrance sign.
B. Zio's R\staurant; 14860 South Military Trail; Amendment to the Master Siqn
Proqram;''Patrick Coniqliaro. Authorized Aqent.
.
\
,
Chairman Etiopoulos inquired if any Board member wished to disclose any Ex Parte
Communications on this item. As there were none, the Chairman invited staff to
make a presentation.
At this point on the Agenda, due to new witnesses that had arrived Ms. Loretta
Heussi, Board Clerk swore in the individuals that planned to speak.
Ms. Andrea Strohmer, Plan Review Technician entered the file into the record and
presented the item to the Board through a review of the staff report. The applicant is
requesting approval to add a 2nd flat wallsign to the west elevation of the business at
14860 S. Military Trail, and also to add black vinyl letters on an awning to be added
to the sign criteria. This sign is already in place and was installed without a sign
permit, and a Code Enforcement Violation was issued.
\, ,
Delray West Plaza is located on the southeast corner of West Atlantic Avenue and
South Military Trail and is ah L-shaped commercial center with two out-parcel
buildings ("Miami Subs Grill" restaurant that is presently vacant and the "Peninsula
Bank" building}.
The Master Sign Program established by the Board on January 9, 1991, included 2-
freestanding identification signs at each entrance and flat wall tenant identification
signs. At the November 28. 2001 meeting the Board approved a new freestanding
sign for the "Peninsula Bank" and amended the tenant flat wall sign criteria to
replace the cabinet style signs with illuminated channel letters to have red faces and
trim cap, bronze' returns on raceway to match the color of the building. The Board
also required a maximum letter height of 15-inches, with 12-inch spacing between
the end of thesign and the tenant space.
The Master Sign Program established 1-flat wall sign per tenant placed over the
business entrance on the fascia facing the parking lot. Three (3) prior tenants:
"Baskin Robbins Ice Cream", "Scoopz", and "Kaleido Scoops Ice Cream" were
denied having a 2nd sign on this awning facing the west elevation.
i
Zio's Restaurant is requesting consideration to amend the Master Sign Program to
include: (1) a 2nd sign to be placed on the illuminated sign box resembling an
awning, located over the windows facing west; and (2) the applicant is requesting
4 SPRAB Minutes 8/25/04
---------"
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CITY OF DELRA Y BEACH, FL - FOR ABBEY DELRAY SOUTH-
PLANNING '" ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF: LM786
.
------
Date: October 28, 2004 Agenda Item No. ~ ß
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular Special _ Workshop Consent
-
When: November 2, 2004
Description of Agenda Item:
Request for a Waiver to Section 4.6.7(E)(1) of the Land Development Regulations for
Abbey Delray South, 1717 Homewood Boulevard.
Ordinance/Resolution Reauired: Yes~ Draft Attached: Yes I No
Recommendation: Approval
~Þ- ---.-
Department Head Signature: ------,"
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No
Funding Alternatives: (if applicable)
Account # & Description:
City Manager Review:
Approved for agenda: ~ I No OM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q C- - REGULAR MEETING OF NOVEMBER 2. 2004
INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CONTRACT WITH ASPHALT
CONSULTANTS. INC. FOR CONSTRUCTION OF
IMPROVEMENTS/NW/SW 5TH AVENUE AND CONTRACT ADDITION
NO.1 FOR MILLER PARK
DATE: OCTOBER 29, 2004
This is before the City Commission to consider approval of:
1. An Interlocal Agreement between the City and the Community Redevelopment Agency
(CRA) in an amount not to exceed $1,094,823.38.
2. A contract between the City and Asphalt Consultants, Inc. in the amount of $1,853,886.75 for
the construction of improvements for the NW /SW 5th Avenue Beautification Project.
Funding is available from 334-3162-541-65.83 (General Construction Fund), 442-5178-536-
65.83 (Water & Sewer/Renewal/Replacement) and (448-5461-538-65.83 (Stormwater Utility
Fund).
3. Consider approval of Contract Addition No.1 between the City and Asphalt Consultants, Inc.
in the amount of $88,314.00 for the resurfacing of the Miller Park parking lot.
Recommend approval of an Interlocal Agreement with the CRA, an agreement with Asphalt
Consultants, Inc., and a Contract Addition No.1 with Asphalt Consultants, Inc. for the construction
of improvements for NW /SW 5th Avenue and the resurfacing of the Miller Park parking lot.
S:\City Clerk\agenda memos\N.W./S.W. 5th Avenue Agreements.l1.02.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.MvDelravBeach.com
TO: David T. Harden
FROM: Randal L. Krejcarek, P.E. U
DATE: 28 Oct 2004
SUBJECT: SW/NW 5th Avenue - SW 1st Street to NW 2nd Street
Interlocal Agreement wI CRA
Contract Award, Project # 2003-037
CO #1; Resuñacing Miller Park Parking Lot
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for Mayor to execute
interlocal agreement with the CRA and to execute construction contract, along with change order
#1, with Asphalt Consultants, Inc. for the construction of improvements along SW-NW 5th Avenue
between SW 1st Street and NW 2nd Street. Change Order #1 is for the resurfacing of Miller
Park Parking Lot.
The interlocal agreement between the City and CRA is for the cost of the CRA's portion of the
construction contract. The CRA Board approved the agreement at their 14 Oct 2004 meeting.
This construction contract includes the following improvements: streetscape, drainage, water
main extensions, roadway reconstruction, complete asphalt overlay of roadway, pavement
markings and traffic signage, utility conduits, terrazzo sidewalks, other art components, on street
parking, landscaping, design-build irrigation, and decorative street lighting with the associated
electrical system.
Change Order #1 is for the resurfacing of the Miller Park Parking lot after the debris removal
process is completed. It is anticipated that this cost will be reimbursed by FEMA.
The cost of SW/NW 5th Ave project is $1,853,886.75, Change Order #1 is for $88,314.00. A
complete Bid Tabulation is attached. Approval of the SW/NW 5th Avenue construction contract
is contingent on the execution of the attached agreement with CRA for funding $1,094,823.38.
Funding is available as follows:
Funding Source Account Number Balance* Contract
General Capital 334-3162-541-65.83 $1,544,824.00 $1,544,823.38
Water & Sewer R&R 442-5178-536-65.83 147,021.00 147,021.00
Drainage 448-5461-538-65.83 162,042.00 162,042.37
Sub Total (SW/NW 5th Av) $1,853,886.75
CO# 1 $88,314.00
Total $1,942,200.75
*= After budget transfers
S:\EngAdminIProjects\2003\2003-037\OfflciaI\2004-11-02 agenda memo. doc
-
Project funding is as follows:
City is funding: $ 309,063.37
CRA is funding: $1,094,823.38
PBCo is funding: $ 450,000.00 (This funding will be reimbursed to the City)
City Funding CO#1: $ 91,714.00
A location map is attached. The appropriate transfers are attached to this agenda request.
Please place this on the 02 Nov 2004 commission agenda.
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
Diane Colonna, CRA
file
S:\EngAdminIProjects\2003\2003-037\Officiaf\2004-11-02 agenda memo. doc
-------
10/15/2004 08:30 FAX 5612784755 CITY ATTORNEY -t Engineering III 002/004
INTERLOCAL AGREEMI~NT BETWEEN THE CITY OF DELRAY BEACH
AND THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES
THIS AGREEMENT is made this day of _~ 200_ by and
between the CITY OF DI!:LRA Y BEACH) a Florida Municipal Corporation,
(hereinafter referred to as "eITY'), and the DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH~
WHEREAS, the CITY wilJ be performing constrUction improvements for project
no. 2003-037 ~;md
WHEREAS, the CRA is funding a ponioD of the work provided under project
no. 2003-037 .
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties he:reby agree as follows:
1. The recitations set forth above are hereby inçorporated herein.
2. Project no. 2003-037 relates to Improvements on SW-NW
Slh A venue between S\\' 11t Street and NW 2nd Street .
3. The CRA shan provide payment to the CITY in an amount not to exceed.
$1.094.823.38 regarding projcd no. 2003-037 . In the event that the CRA's
contribution to the cost of the project is 1ess than the not to exc:eed amount, the CRA
shall then contribute the lesser amount. Such payment shall be made upon the bid award
to the contraçtof. In the event that change orders are issued for this project., the CRA,
upon approval by the CRAt shall provide payment to the CITY of its share of the change
order.
10/15/2004 09:30 FAX 5812784755 CITY A HORNEY ~ Engineering ~ 003/004
4. The term of this Agreement shall commence upon execution by both
parties and shall continue until c:ither party delivers written notice to the other party of its
intent to terminate this agreement or 60 days after the City receives the final invoice from
the contractor or professional. If the CRA terminates this Agreement prior to its
completion. it shall be entitled to a refund of any funds that were not expended by the
CITY or obligated to be expended by the CITY under the tenns of the contract between
the CITY and the contractor.
5 This Interlocal Agreement shall be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes.
6. No prior or prElsent agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Agr'~ment. Any modification to this Agreement shall be in
writing and executed by the parties.
7. The validity of any portion, article, paragraph, provision, clause, or any
portion thereof of this AgreemeJnt shall have no force and effect upon the validity of any
other part of portion hereof.
8. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any ac:tion arising from this Agreement shall be in Palm Beach
County, Florida.
9. Neither the CITY nor the CRA shall assign or transfer any rights or
interest in this Agreement.
10. This Agreement shall not be valid until signed by the Mayor and the City
Clerk.
2
10/15/2004 08:30 FAX 5812784755 CITY ATTORNEY ~ Engineering ~ 004/004
A TrEST: CITY OF DELRA Y BEACH. FLORIDA
By;
City Clerk Jeff Perbnan, Mayor
Approved as to Fonn:
City Attorney
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 20o_, by ,as
(name of officer or agent, title (of officer or agent), of
(name of corporation acknowled.ging), a (state or place of incorporation)
corporation, on behalf of the t;orporation. He/She is personally known to me or has
produced (type ofidentificatiön) as identification.
Notary Public - State df Florida
3
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CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. t (Contract Addition) PROJECT NO. 03-037 DATE:
PROJECT TITLE: NW / SW 5th Avenue Streetscape Improvements
TO CONTRACTOR: Asphalt Consultants, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add resurfacing of Miller Park parking lot to contract. Parking lot is in need of resurfacing as it was used as a debris
removal and storage site from past Hurricanes Frances and Jeanne.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,853,886.75
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,853,886.75
COST OF CONSTRUCTION CHANGES THIS ORDER $88.314.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,942,200.75
PERCENT INCREASE THIS CHANGE ORDER 4.9 %
TOTAL PERCENT INCREASE TO DATE 4.9 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Asphalt Consultants, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:
DEPARTMENT FUNDING CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
S:\EngAdmin\Projects\2003\2003-037\Construction\COl Asph Cnslt doc -ll.02.04.doc
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rn ~ CITY of DELRA Y BEACH MILLER PARK DATE: 10/04
I ENVIRONMENTAL SERVICES DEPARTMENT Parking Lot
'&<s «34 8OI1TH 8WNTON AVENUE. DEI...IIA Y BEAa-I, FI...OM>A 33444 Pro ject # 2003-037 1 of 1
Date: 28 Oct 2004 AGENDA ITEM NUMBER9 C_
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 02 Nov 2004
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute inter-local agreement with the CRA
and to execute construction contract with Asphalt Consultants, Inc. for the construction of improvements
along SW-NW 5th Avenue between SW 1st Street and NW 2nd Street, which includes Change Order #1
which is the resurfacing of Miller Park Parking Lot. This beautification project will include water and
drainage improvements as well as artistic components. Approval is contingent on execution of
agreement with CRA for $1,094,823.38. The cost of this project is $1,942,200.75.
City: $309,063.37; CRA: $1,094,823.38; PBCo: $450,000.00; FEMA: $91,714.00
Funding Source Account Number Balance* Contract Amount
General Capital 334-3162-541-65.83 $1,544,824.00 $1,544,823.38
Water & Sewer R&R 442-5178-536-65.83 147,021.00 147,021.00
Drainage 448-5461-538-65.83 162043.00 162,042.37
CO#l 88,314.00
Total $1,942,200.75
*=Mter Budget Transfers
Staff Recommendation: ~ ~ , tJ·lf(_ oY-
Department Head Signature:· s:Ji..
City Attorney Review/Recommendation (if applicable):
Bndget Director ReVi"l' (reqnired~n all i~'?c involving expenditure of funds):
rVl 'W,... W «1. i{..J /0 '..tf. 0 'i
Funding Availabl : Yes / No Initials: See above
Account Number See Above
Description See Above
Account Balance: See Above
Funding Alternatives: ru.--tÍ::' (;~J L (if applicable)
City Manager Review: _ i-Y03/C'-/
Approved for Agenda: @ No Initials: t1
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2003\2003-037\Official\2004-11-02 agenda.doc
~
I CÎtl··~oMllsSIOÑ·lllo~tJMÊN'T~ÎÎ.ÒN I
TO: D~~~MANAGER
FROM: PA L DORLlNG, DIR ~R OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVE ER 2, 2004
INITIATION OF LAND DEVELOPMENT REGULATION AMENDMENTS TO
SECTION 4.3.4. (J)(4), "INCREASES IN HEIGHT REGULATIONS" TO LIMIT
THE AREA IN THE CBD AVAILABLE FOR AN INCREASE IN HEIGHT AND
TO MODIFY THE CRITERIA WHICH MUST BE MET TO SUPPORT AN
INCREASE IN HEIGHT.
I a~çK~R()UNQ '¡::::II
The City Commission has identified concerns over the recent intensity of development in the
CBD i.e. the proliferation of development requests and inquiries seeking conditional use
approval for height exceeding the 48' height limit. Particular concern is noted relating to the
impact of increases in height on less intense zoning districts which surround the CBD. In many
cases these districts have a maximum height limit of 35', and in the case of OSSHAD have a
character and development intensity which could be negatively impacted.
This concern is being addressed in part by City Initiated LOR amendments to the OSSHAD
district which seek to regulate the scale and mass of development and maintain the character of
the district. These include a provision to eliminate the ability of lots which currently are zoned
OSSHAD and subject to the CBD regulations from seeking increases in height. In addition,
with the implementation of the recently adopted Downtown Design Guidelines any portion of a
building exceeding 48' is required to provide a minimum setback of 41' along its frontage.
This proposed amendment will further enhance these efforts by creating a 150' buffer (see
attached map) that will not allow an increase in height (between 48' and 60') if the CBD property
abuts a zoning district having a maximum height of 35'. The amendment will also look at
tightening up the criteria that must me met in order to increase height throughout the CBD as
well as other areas where increases in height are allowed.
These text amendments are consistent with and further goals, objectives and policies within the
Comprehensive which call for Development and redevelopment of land to be complimentary to
existing land uses. These include:
Future Land Use Element Goal Area "A" "Land within the Planning Area shall be developed
or redeveloped, to enhance the existing quality of life, compliment existing Land Use and result
in a mixed, but predominantly residential community with balanced economic base.
Future Land Use Element Objective A -1.1 "Property shall be developed or redeveloped, in a
manner so that the future use and intensity is appropriate in terms of soil, topographic, and
other applicable physical considerations; is complimentary to adjacent land uses; and fulfills
remaining land use needs."
q~
City Commission Documentation
Meeting of November 2, 2004
LOR Text Amendment Regarding Section 4.3.4
Page 2
I r<~llmm~IïII:~I··lêTIÖN I
Initiate the amendment to Section 4.3.4(J) (4) "Increases in height regulations" to limit the area
in the CSD available for an increase in height and to modify the criteria which must be met to
support an increase in height.
Attachments: Current LDR Section 4.3.4
Map of buffer area
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N · .. - AREA WHERE A MAXIMUM HEIGHT OF 60' IS CURRENTLY ALLOWED . - APPROVED DEVELOPMENTS
(THROUGH A CONOITIONAL USE PROCESS) EXCEEDING 48 FEET IN HEIGHT
_ ~ _ AREA PROPOSED WHERE HEIGHT CANNOT EXCEED 48' VIA A CONDITIONAl USE PROCESS
~ (ADJACENT TO OISTRlCTS WITH A MAXIMUM HEIGHT OF 35')
. - PROPOSED DEVELOPMENTS
PLANNING DEPARTIoIENT !i2! - AREA PROPOSED WHERE HEIGHT CANNOT EXCEED 48' EXCEEOING 48 FEET IN HEIGHT
CITY Of DELRA Y BEACH, fl ~ (PER CITY INITIATEO OSSHAD AMENOING ORDINANCE) VIA A CONOtTIONAl USE PROCESS
-- OIGlTAL BASE MAP SYSTEM -- MAP REF: UlA186
SECTION 4.3.4 (I) (1)
project may be less than that defined as the maximum in that a project is reviewed in its
totality and, in addition to meeting density requirements, it must comply with all other
provisions of these regulations,
(2) Calculation of Unit Count: The allowable unit count is determined by the
maximum number shown for the base zoning district as reflected in the Matrix [Sèction
4.3.4(K)]. This number is multiplied times the lot area expressed in acres and rounded
to one-hundredth of an acre. When a fraction exists, it shall be rounded down.
(3) Duplexes:
(a) A duplex on a single lot is allowed, regardless of the provisions of
Subsection (2), provided that the minimum lot size for the zone district
is -met and provided that the use, a duplex, is allowed.
(b) On a platted Jot, where duplexes are permitted, and where the Jot has
at least 8,000 sq.ft., and where there is a two hour or more fire rated
tenant separation wall separating the duplex units, each unit together
with approximately one-half the lot may be conveyed, providing that
each portion of the lot contains not less than 4,000 sq.ft. and the
dividing line runs through the separation wall. [Amd. Ord. 23-97
5120197]
(J) Height:
(1) Defined: The vertical distance from grade to the highest finished roof
surface of a flat roof or to the mean level between eaves and ridge for
gable, hip, or gambrel roofs. The height set forth in the matrix is the
maximum height for all structures within the respective zone district except
as provided for in Subsection 4.3.4(J)(3)&(4}.
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established from the
mean elevation of the crown of the street along the lot frontage.
(b) For buildings adjoining more than one street, the grade is established
as the average of the mean elevation of the crown of the adjoining
streets.
(c) When applied to single family detached dwelling units, less than three
stories, within residentially zoned districts, the grade is established as
the mean elevation of the finished surface of the ground adjacent to the
exterior walls of the building. Under no circumstance shall the grade be
higher in elevation than the highest point of the unaltered dune or the
crown of the street. [Amd. Ord. 43-91 6/11/91]
4349
SECTION 4.3.4 (J) (3)
)
(3) Exceptions to District Height Limitations:
(a) Free-Standinq Features: The height limitations contained In
Subsection (K), Development Standards Matrix, shall not apply to
free-standing antennas, chimneys, conveyors, cooling towers, flag
poles, radio towers, silos, or television towers. However, any part of
any such structure, or feature, shall not extend above the height of
sixty-four feet (64') unless specifically approved by action of the City
Commission.
(b) Appurtenances on Buildings: Appurtenances usually required to be
placed above the roof level of a building and not intended for human
occupancy may be allowed to extend above the height limitations
contained' in Subsection (K) but only when specifically approved by
action of the Site Plan Review and Appearance Board.
(4) Increases to Height Regulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose
in the following zone districts: )
Single Family (R-1) Districts Rural Residential (RR)
Agriculture (Ag) Mobile Home (MH)
Low Density Residential (RL) Medium Density Residential (RM)
Planned Residential Development (PRO) Residential Office (RO)
Neighborhood Commercial (NC) Professional and Office District (POD)
Conservation District (CD) Open Space (OS)
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may
be approved by the City Commission in any zone district not listed
above when approved pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of
enumerated criteria listed below.
(i) That the structure is to be located in one of the following
geographic areas: )
(1) Area "A" - all property located east of Congress Avenue and
west of 1-95.
4350
--
SECTIO~~) (i) (2)
(2) Area "B" - the property encompassed by the Delint DRI, with
the exception of that portion platted as "Waterford Village";
along with property located west of S.W. 10th Avenue, south of
Linton Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of
Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "D" - the properties located south of Atlantic Avenue,
north of S.W. 1st Street, west of S.W. 1stAvenue, and east of
S.W. 4th Avenue; and the properties located north of Atlantic
Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue,
and east of N.W. 3rd Avenue. [Amd. Ord. 71-95 12/5/95]
(5) Area "E" - the property encompassed on the west by the F.E.C.
Railroad, on the east by the Intracoastal Waterway, on the
south by Allen Avenue extended to said easterly and westerly
boundaries, and on the north to the northernmost boundary of
the City.
(6) Area ifF" - the property located between the one-way pair
system of Federal Highway (5th and 6th Avenues).
(7) Area RG" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-way,
extendingfrom 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Unton Boulevard on the south,
the F.E.C. Railroad on the east, the combination of Southridge
Road and Swinton Avenue on the north, and S.W. 4th Avenue
on the west.
(9) Area "I" - all property. within the CBD (Central Business District)
except for property lying east of the Intracoastal Waterway.
(10) Area ftJ" - the property encompassed by Lindell Boulevard on
the north, Federal Highway on the east, Dixie Highway on the
west, and the City limits on the south.
(ii) That the increase in height will not provide for, nor accommodate,
an increase in the floor area (within the structure) beyond that
which could be accommodated by development which adheres to a
height limitation of 48 feet, except for the following situations:
)
4351
SECTION 4.3.4 (J) (4) (b) (ii) (1)
~,
(1) An increase in intensity is allowed when the increase from 48
feet to 60 feet is for the purpose of accommodating residential
use on the top floor of the structure; however, the increase in
intensity is only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20.
(iii) That the increase in height is based on or will result in one, or
more, of the following:
(1) A demonstrable need that, in order to accommodate the nature
of a particular use or a particular matter or type of construction,
a greater than normal space between floors or height of story is
necessary; or
(2) That 75% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation; or
(3) That for each foot in height above 48 feet, an additional )
building setback of two feet is provided from the building
setback lines which would be established for a 48-foot tall
structure. The additional setback is required from all setback
lines (Le., front, side, and rear).
(5) Special Activity Districts: Increases permitted above 60 feet for the
Special Activities District. For special uses (not including residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for such a use within any SAD shall be
specifically set forth in the enacting ordinance of that specific SAD, provided that the
SAD falls within one of the geographical areas described in Subsection (J)(4 )(i). The
foregoing provision shall not apply to residential uses or normal uses within any SAD,
as such use shall be governed by the height limitations contained in the SAD
regulations.
(K) Development Standards Matrix: The following matrices set forth the
minimum and maximum development standards for each zoning district subject to
descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
-...
~)
4352
--
~----~
~ ~
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE ~Of¡ ,\\\' hi AVF,\(T' DELR:\Y BEACH, FLORIDA 33444
rl~LEPH()'\1: 561/~43--,'OL)(J' FACSI\IILE 561!27R-4ì55
DELRAY BEACH Writer's Direct Line: 561/243-7091
F l 0 Jot I D "
D.e:III
All-America City MEMORANDUM
, III I! DATE October 28, 2004
City Commission
1993 TO:
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Request for IRS Private Letter RulinQ
I have received a letter from Jim Linn regarding the process for obtaining a private
letter ruling regarding the purchase of increased benefits for those Drop
Employees and other who may want to purchase an increased multiplier benefit.
The anticipated cost is between $5,000 and $10,000 in attorney's fees and a user
fee of approximately $6,000. It is anticipated it would take six months or more to
receive a ruling and the outcome is "uncertain", according to our pension lawyer.
Please place this matter on the City Commission regular agenda. Our office is
œrection on whether or not to proceed with a letter ruling.
S Rci
Attachment
\ ~
I
LEWIS, LONGMAN & WALKER, EA.
ATTORNEYS AT LAW
HELPING SHAPE REPLY To: TALLAHASSEE
FLORIDA '8 FUTURE®
www.l1w-law.com
October 28, 2004
Ms. Susan A. Ruby
City Attorney
City of Delray Beach
200N.W. 1st Avenue
Delray Beach, FL 33444
Re: IRS Private Letter Ruling Request -- Enhanced Multiplier Option for DROP
Participants and Retirees of the Police Officers' and Firefighters' Retirement Plan
Dear Susan:
This responds to your request for infonnation about obtaining a private letter ruling from
the Internal Revenue Service concerning the proposal to provide an enhanced multiplier option
for DROP participants and retirees of the City of Delray Beach Police Officers' and Firefighters'
Retirement Plan. Ordinance 18-04 established the enhanced multiplier option for plan members
with 20 or more years of credited service, excluding DROP participants, employed by the City
on or after March 15, 2004. Under Ordinance 18-04, eligible members can elect to receive an
enhanced benefit multiplier - 3.5% of average monthly earnings instead of 3% - by paying an
additional 3% member contribution; or, if the member defers electing the enhanced multiplier,
he/she may later purchase it by paying the full actuarial cost of the enhanced benefit. The City is
considering another plan amendment that would extend the enhanced multiplier option to DROP
participants and retirees. Under the proposal, DROP participants and retirees could purchase the
enhanced multiplier by paying the full actuarial cost of the enhanced benefit.
In our memo of August 31, 2004, we addressed several legal issues concerning the
proposal to extend the enhanced multiplier option to DROP participants and retirees. A
fundamental issue concerns whether the enhanced multiplier option for DROP participants and
retirees is pennissible under the Internal Revenue Code. We concluded that there was no Code
provision, regulation or ruling that prohibits the voluntary purchase of an enhanced benefit by
plan members who have retired or entered the DROP, so long as the purchase was not made
pursuant to Section 415(n) [the Code section pertaining to the purchase of additional service
credit under a retirement plan].. However, we were unable to locate any authority that would
support this type of purchase arrangement, either. In view of the fact that the only Code
Bradenton Jacksonville Tallahassee West Palm Beach
]00] 3rd Avenue West 9428 Baymeadows Road Post Otncc Box ]0788 (32302) 1700 Palm Beach Lakes Blvd.
Suite 670 Suite 625 125 South Gadsden Street, Suite 300 Suite 1000
Bradenton, FL 34205 Jacksonville, FL 32256 Tallahassee, FL 32301 West Palm Beach, FL 33401
(941) 708-4040 (904) 737-2020 (850) 222-5702 (561) 640-0820
Fax: (941) 708-4024 Fax: (904) 737-3221 Fax: (850) 224-9242 Fax: (561) 640-8202
October 28, 2004
Page 2
provision that specifically provides a mechanism for plan members to obtain an increased
pension benefit - Section 415(n) - has been found by IRS to be inapplicable to retirees, we
suggested that the City may want to consider requesting a private letter ruling on this issue
before adopting a plan amendment that provides this option for retirees. Our August 31 memo
also addressed the possible methods by which a retiree or DROP participant might purchase the
enhanced benefit, if such purchase was allowed. The specific questions that the City may wish
to include in a letter ruling request are enclosed.
Obtaining an IRS Private Letter Ruling
You have asked that we provide more information about obtaining an IRS private letter
ruling on these issues. A private letter ruling is a written statement issued to a taxpayer or tax-
exempt organization that interprets and applies the tax laws or any nontax laws applicable to
employee benefit plans, based on a specific set of facts. A taxpayer or tax-exempt entity
ordinarily may rely on an IRS letter ruling issued to it. In the case of an employee retirement
plan that is qualified under the Internal Revenue Code, an IRS letter ruling on a proposed plan
amendment can eliminate uncertainty about the effect of the proposed amendment on the plan's
qualified status.
The procedure for requesting an IRS letter ruling is set forth in IRS Bulletins and
Revenue Procedures. A detailed letter containing information about the requesting entity and the
proposed transaction or plan amendment is required. A comprehensive legal analysis, including
references to applicable court cases and IRS rulings, must also be included. The IRS often
requests additional information, which must be provided in a timely manner. Finally, a "user
fee" of several thousand dollars, based on an IRS fee schedule, must be submitted with the
request.
Based on our experience in preparing letter ruling requests for other governmental
entities, we estimate that our fees in connection with this request will be between $5,000 and
$10,000. In addition to our fees, the City can expect to pay a user fee of approximately $6,000
for this request.
There is no set time frame for the IRS to respond to a request for a letter ruling.
Response times of between six months and one year are typical, and some letter rulings have
taken more than two years. Moreover, the IRS can decline to issue a letter ruling if it determines
that the questions raised cannot be readily resolved before a regulation or other published
guidance is issued.
As noted in our August 31 memo, the IRS has issued a letter ruling concerning the ability
of retired school teachers to purchase an enhanced multiplier under a governmental retirement
plan, thereby increasing their benefit from the plan. In PLR 200229051, the IRS found that
because the retired teachers had already received credit for the service, Section 415(n) did not
permit the retired members to purchase the increased benefit. However, the PLR did not state
that the voluntary purchase of enhanced benefits by retired members of a qualified defined
benefit retirement plan is prohibited by any other section of the Code. In view of this PLR, the
likelihood of the City receiving a favorable response on its letter ruling request is uncertain at
best.
October 28, 2004
Page 3
Please call me if you have any questions concerning these matters.
With best regards, I am
Sincerely,
James W. Linn
JWL/es
ISSUES FOR IRS LETTER RULING REQUEST
1. Is the enhanced multiplier option for DROP participants and retirees permissible
under the Internal Revenue Code?
2. May DROP participants and/or retirees directly transfer or roll over funds from a
401(a) plan to the City pension plan to purchase the enhanced multiplier?
3. May a DROP participant or retiree use after-tax funds to purchase the enhanced
multiplier?
4. Mayan active employee who is not a DROP participant directly transfer funds from
a 401 (a) plan or 457 plan to the City pension plan to purchase the enhanced multiplier?
5. Mayan active employee who is not a DROP participant directly transfer funds from
a 457 plan into a 401(a) defined contribution plan, and thereafter transfer funds from the
401(a) plan to purchase the enhanced multiplier?
6. Mayan active employee who is not a DROP participant use pre-tax or after-tax
funds to purchase the enhanced multiplier, or enter into a time-payment plan to purchase
the enhanced multiplier?
------------------
~-_.~ o~
ttt1
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 300 \V. ATLA'.;TIC AVE:'-iUE . DELRAY BEACH. FLORIDA 33444
_ POLICE LEGAL ADVISOR TELEPHO:\E )6ì/243-"7H23 . FACSIl\ULE 561/243-ï815
"II J! POLICE LEGAL ADVISOR
MEMORANDUM
1993
To: City Commission
From: Catherine M. Kozol, Assl. City Attorney/Police Legal AdViSO~
Through: Susan Ruby, City Attorney
Date: October 28, 2004
Re: Settlement offer - Vosburgh v. City of Delray Beach
Vosburgh v. The City of Delray Beach involves the death of Mr. Vosburgh
at a Texaco Service Station on South Congress and SW 10th Street. The City's
police officer fired one shot at the decedent. The decedent's estate filed suit
against the City.
At this time, the Plaintiff has agreed to settle this case for $12,500.00,
including attorneys' fees and costs. If we proceed to trial, we expect our costs for
expert witnesses and trial preparation to be well over $15,000.00.
Therefore, the City Attorney's Office office recommends that we accept
this settlement. The City Adjuster and the Chief of Police agree to the
settlement. The City does not admit liability. The plaintiff will provide a General
Release to the City, acceptable to our office.
By copy of this memo to David Harden, please place this item on
the November 2nd City Commission agenda. If you should have any questions,
do not hesitate to contact me or Susan Ruby.
CMK/ath
cc: David Harden, City Manager
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
<iF
J.Uf¿",¿tJU"t J........~ ;JOJ.O;J::J~.L;JO LHW_ ¡-'AbC. tJL
.
.
LAW OFFICE~
..JOSEPH D.FARISH. JR.. LLC
~,.,. e",NVAN !!IOL!I..I:"^~O
.J05. D. FARIS~I IIS"""9??' WEST PALM BEACH. FLORIDA 33401 PL~E REpLV TO,
"Q~ O. F......!!!H, .IR. P.O. ClIO,>; 41 'S
wEST PALM St....CH. FLORIDA 33402
TEI..£P>40NE: (56.1 659-3,,00
FA ( (!5"1I65$-~158
October 28, 2004
Catherine M. Kozol, Esquire
Assistant City Attorney
300 W. Atlantic Avenue
Delrsy Beach, Florida 33444
Re: Vosburgh v. City of Oelray Beach
Dear Ms. Cathy:
This is to confirm that we have ageed to settle the above pending litigation on
behalf of my client for the sum of $12,500.00. I understand you have to have some higher
approval and kindly see that you expedite this matter, inasmuch as it is conditioned upon a
speedy disposition.
Yours very tf\Jly,
(~6.~/
'. I' ''\
~- -
Joseph D. Farish, Jr. . ·
JDFJr:lmok
. ... -.-..--....--
01\
Community Ø1
Improvement
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement LÔ
Date: October 28, 2004
Re: Consultant Agreement - Race Relations Dialog and Strategy/Policy Agenda 2004/05
ITEM BEFORE THE COMMISSION:
City Commission approval of the Consultant Agreement between the City and Samuel E. Mathis,
Jr. for services in the development and implementation of strategic diversity initiatives listed as
Phase I & II in the amount of $25,000.
BACKGROUND:
The City Commission's adopted Policy Agenda, completed as a part of the annual goal setting
session for Fiscal Year 2004/05, includes as one of the top priority items, the development of a
"Race Relations Dialog and Strategy." Staff met a number of times with Mr. Mathis initially
representing Office Depot, to discuss options for being able to address this priority goal. The
action items listed for this priority goal includes:
· Conduct Commission Workshop to review past activities, to focus key concems and to
define desired outcomes.
· Develop a strategy (by staff)
· Present strategy with recommendations
· Determine specific steps to be taken
I have attached, for your reference, a copy of the recommended process developed by Mr.
Mathis as a result of our meetings designed to meet the actions established by the Commission.
Staff anticipates being able to complete the tasks identified under Phases I & II by January, 2005.
The Consultant Agreement for his services to carry out Phases I & II for a total amount of $25,000
is attached as a part of this transmittal. The same has been reviewed and approved for content
by the City Attomey.
RECOMMENDATION:
Staff is recommending City Commission approval of the Consultant Agreement in the amount of
$25,000 between the City and Samuel E. Mathis, Jr. for services related to the development and
implementation of a "Race Relations Dialog and Strategy" for Delray Beach.
1
C\c;,
A BETTER DELRA Y BEACH
Overcoming the Racial Division in Delray Beach
July 28, 2004
A Recommended Process
Submitted by Sam Mathis
Phase 1 - Problem Definition
Collection of hard data - City demographic data
· Economic
· Housing
· Education
· Social Services
· Crime and Criminal Justice
· Vision, Values Statement, Master Plan
· Benchmark data - What other cities do...
Collection of soft data - Stakeholder Perceptions
· Homeowners Association Leaders
· Nonprofit entities providing services
Social
Arts & Culture
· Municipal Government
· Schools (Public/Private)
· Business
Phase 2 - Task Force Development
· Review and Refine Problem Statement
· Determine Objectives of Task Force (Start & Stop)
· Develop a Collaborative Plan for Problem resolution
What would success look like?
· Organizational and Resource Requirements
Consulting Assistance (ex. Toward a More Perfect Union)
Phase 3 - Execution
· Stakeholder review & collaborative sessions
· Internal & External Communications Plan
· Refine Time Table and Resources
· Start with the end in mind
· Celebrate key milestones
CONSULTANT AGREEMENT
THIS CONSULTANT AGREEMENT ("Agreement") made this _ day of October,
2004 by and between THE CITY OF DELRA Y BEACH, ("Delray"), a Florida
municipality in Palm Beach County, Florida, whose address is 100 NW 1st Avenue,
Delray Beach, Florida 33444 and SAMUEL E. MATHIS, JR., ("Consultant"), whose
address is 295 NE 5th Avenue #23, Delray Beach, Palm Beach County, Florida.
Consultant shall provide consulting services in the development and implementation of
strategic diversity initiatives, specifically defined as follows:
Phase I - Defining Challenges
Identifying and defining existing parameters that will drive resource allocation in
problem resolution, change management and quantifiable community
improvements.
1. Consultant will, with the assistance of Delray, coordinate the collection,
review and analysis of demographic data and compile a Demographic
Assessment Report.
2. Consultant will conduct collection, reVIew and analysis of antidotal
infonnation from 25 - 30 individuals and small groups and compile a
Stakeholder Assessment.
3. Consultant will co-facilitate two town hall meetings.
Phase II - Task Force Development
Consultant will advise and facilitate the planning and development of fonnal
collaborative community effort that responses to the work of Phase I. Consultant
will assist with establishing objectives for the initial meeting of the Task Force.
Consultant shall receive an initial retainer of $5,000.00 upon the execution of this
Agreement, with balance due as follows:
1. $5,000.00 due upon the submittal of the Demographic Assessment
Report.
2. $10,000.00 due upon submittal of the Stakeholder Assessment.
3. $5,000.00 due upon submittal of the initial draft of the Problem
Statement which marks the beginning of Phase II Task Force
Development.
Delray shall pay reasonable expenses and pre-pay for any and all travel and lodging for
Consultant.
This Agreement may be tenninated by either party with or without cause. Upon
tennination by the City, it shall pay only for the work completed at the time of
Page 1 of3
termination. All documents are work product produced under this agreement which shall
be the property of the City.
This Agreement, and any other document executed in connection herewith shall inure to
the benefit of Delray' s successors or assigns. This Agreement, and another document
executed in connection herewith, shall not inure to the benefit of any third person or
entity. The terms and conditions of this Agreement are intended to benefit only those
named parties to the Agreement. No person or entity not an identified party to this
Agreement shall have any claim to or have any cause of action arising out of this
Agreement.
Time is of the essence with respect to all matters concerning this Agreement.
The interpretation, validity and enforceability of this Agreement and any document to be
executed in connection herewith, including all terms, provisions, rights and duties set
forth herein, shall be interpreted and construed in accordance with the laws of the State of
Florida. Whenever used, the singular number shall include the plural, the plural shall
include the singular, and the use of any gender shall include the other.
Captions and headings of this Agreement and any other document to be entered into in
connection with this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope or intent of this Agreement, or the intent of any
provISIOn.
Any claims, lawsuits or disputes that may arise under this Agreement shall be governed
by the Laws of Florida, with venue in Palm Beach County, Florida.
The determination by any court of competent jurisdiction that any provision of this
Agreement, or any document entered into in connection herewith is not enforceable in
accordance with its terms and conditions shall not effect the validity or enforceability of
any of the remaining provisions; rather, any such unenforceable provision shall be
stricken or modified in accordance with the Court's decision, and this Agreement, or any
other document to be entered into in connection herewith, as modified, shall continue to
bind the parties.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall consist of and the same instrument.
This Agreement among the parties consists only of the express written terms and
conditions set forth in this Agreement. All understandings and agreements made between
the parties are superseded by this Agreement, which alone fully and completely express
the parties' understanding. There are no promises or agreements, oral or otherwise,
inducing entry into this Agreement, except only as expressly in writing herein. The
parties are relying only on the express terms, conditions and agreements set forth in this
Agreement. The parties further agree that any promise or agreement, not expressly set
Page 2 of3
forth in writing and signed by both parties, can not be relied upon and will not be valid or
enforceable.
The terms and conditions set forth in this Agreement are the product of mutual
draftsmanship by all parties, each being represented by counsel, and any ambiguities in
this Agreement or any documentation prepared pursuant to or in connection with this
Agreement shall not be construed against any of the parties because of draftsmanship.
IN WITNESS WHEREOF the parties have caused their duly authorized representative
to execute this Agreement in a manner sufficient to bind the parties to this Agreement.
EXECUTED the _ day of October, 2004.
CITY OF DELRA Y BEACH, FLORIDA SAMUEL E. MATHIS, JR.
By: Samuel E. Mathis, Jr.
Print Name:
As representative of the City of Delray Beach,
Florida
Page 3 of3
-- ----~---
Date: October 28, 2004 Agenda Item No. 9G·
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special _ Workshop Consent
-
When: November 2,2004
Description of Agenda Item:
Consultant Agreement
Race Relations Dialog and Strategy / Policy Agenda 2004/2005
Samuel E. Mathis, Jr.
OrdinanceIResolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~ ;(rJ --
I
City Attornev Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
City Manager Review:
Approved for agenda: @ No tìJ1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
Page I of I
Kucmerowski, Carolanne FA
From: Nubin, Chevelle
Sent: Tuesday, November 02, 2004 4:35 PM
To: Kucmerowski, Carolanne
Subject: FW: Ordinance 59-04; OSSHAD
Here's the revised Ordinance No. 59-04.
C/ieve{fe (f). :Nu6in
jlcting City Cferk...
100.1f.W lstjlvenue
(f)e{ray Œeac/i, PÚJrida 33444
(561) 243-7051
-----Original Message-----
From: Weaver, Jo
Sent: Tuesday, November 02,20044:31 PM
To: Nubin, Chevelle
Cc: Darling, Paul; Allen, Jasmine; Ruby, Susan; Shutt, Brian
Subject: Ordinance 59-04; OSSHAD
Chevelle,
Attached is the revised Ordinance 59-04. Also attached is the
Development Standards Matrix chart. The chart is placed after Section 1
(as page 2). Please make copies of this ordinance for tonight's meeting.
(The changes were made in subsection (F), adding subparagraphs 6 & 7 and a
minor change to subparagraph 4.)
Thank you for your assistance.
Jo Weaver
City Attorney's Office
City of Delroy Beach
200 N.W. 1st Avenue
Delroy Beach, FL 33444
(561) 243-7092
.A á,~~Oi\r. \ ==~fY\.~\~
~.~
\OA
11/2/2004
~-
ORDINANCE NO. 59-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE
PRINCIPAL USES, ACCESSORY USES, CONDITIONAL USES,
REVIEW AND APPROVAL PROCESS, DEVELOPMENT STANDARDS
AND SPECIAL DISTRICT REGULATIONS IN ORDER TO HELP
REGULATE DEVELOPMENT SIZE, MASSING AND SCALE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on ,
and voted _ to _ to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Section 4.3.4, "Base District Development Standards",
Subsection 4.3.4(K), "Development Standards Matrix", "Nonresidential Zoning District
Matrix" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards:
(K) Development Standards Matrix: The following matrices set forth the
minimum and maximum development standards for each zoning district subject to
descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
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Section 2. That Section 4.4.24, "Old School Square Historic Arts District", of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.4.24 Old School Sauare Historic Arts District (OSSHAD)
(A) Puroose and Intent: The Old School Square Historic Arts District
(OSSHAD) is a mixed use district which is intended to:
(1) Provide for mixed uses of residential, office, and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation
of historic structures and, yet, maintain and enhance the historic and
pedestrian scale of the area;
(2) Stimulate greater awareness and pride in the City's architectural heritage,
and create an atmosphere and feeling of "Old Delray Beach";
(3) Improve the environmental quality and overall livability of this Historic
District and stabilize and improve property value therein, and;
(4) Allow uses which promote preservation and adaptive reuse of all structures
within the District.
(B) Principal Uses and Structures: The following types of uses are allowed
within the OSSHAD as a permitted use:
(1 ) Rosidential usos of sSingle family detached dwellings.:. aAG
duplexes.
(2) Duplex structures.
(~~) Business, Professional, Medical and Governmental Offices.
(~) Retail sales through specialty shops (single purpose businesses)
such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops,
boutiques, bicycle shops. excludina liauor stores. convenience stores and drua stores.
(4§) Arts related businesses such as craft shops, galleries, and studios
within which is conducted the preparation of, display of, and/or sale of art products such
as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture
framing, pottery, sculpture, stained glass.
(ã§) Educational and/or Instructional activities including training,
vocational, or craft schools, the arts, personal development, and libraries, museums,
and social and philanthropic institutions.
~---
(êZ) Restaurants of a sit down nature such as a cafe, snack shop, full
service dining but excluding any drive-in and/or drive-through facilities or features.
(~) Providing of personal services such as barbershops, beauty shops,
salons, cosmetologists.
(i~n Bed and Breakfast Inns.
(910) Catering services not associated with a restaurant, subject to the
special regulations of Section 4.4.24(H).
(~11) Group Home, Type 1, pursuant to restrictions set forth in Section
4.3.3(1).
(~ 12) Within the following described areas, the uses allowed as
permitted uses in Section 4.4.13(B) pursuant to the base district and special reaulations
pro'.'isions of the Central Business District regulations shall also be allowed in the
OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1 ) Uses and structures normally associated with residences such as:
bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages,
playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage
sheds, workshops, swimming pools, and home occupations.
(2) On a parcel that has as its principal use a non-residential use, there
may be ono single family residence no more than two residential units, either within a
separate structure or within a structure housing a non-residential use, providod that ono
of tho situations oxists:
(a) The residence is occupiod by tho owner, proprietor, or
employoe of a business enterpriso conductod on tho property; or,
(b) The business is ownod, or oporated, by the o\\'nor of the
parcol; or,
(c) The residonce is occupiod by the o'.-mor of tho parcel.
(3) Family Day Care
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a
restaurant or business use, provided the operation of the outdoor dining area is limited
to daylight hours.
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the OSSHAD:
(1 ) The oxistenoo of more than one rosidential use on a parcol upon
whioh thero is mixod uso (residontial :::md non rosidontial usage). More th:m one
rosidenti:::JI unit may be looated within a mixed use structure.
(2) On a parGol that has as its principal uso a non rosidential use,
residontial use whioh occurs other than as provided for in Subsoction (C) (2).
(31) Outdoor dining which operates at night or which is the principal use
or purpose of the associated restaurant.
(46) Adult Congregate Living Facilities, Aloohol and Drug I'.Ðuse
Troatmont Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(0), Child Care, Adult Day Care, Continuing Care, Convalescent
Homes, and Nursing Homes.
(ð~) Parking lots not associated with a use.
(~) Residential-type inns, not to exceed more than eighteen (18)
individually leased suites or rooms per acre.
(+§) Group Home, Type 2, and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(1).
(E) Review and Approval Process:
(1 ) All principal uses and accessory uses thereto, which do not require
a permit for external modific3tions shall be allowed upon application for occupational to,
and approval by, the Chief Building Official.
(2) Structures which require a building permit for external work must
receive approval from the Historic Preservation Board. or the Director of Plannina and
Zonina or desianee. as applicable. through the issuance of a Certificate of
Appropriateness.
(3) For new development, or a chanQe in use which results in the
reauirement to provide additional parkina. approval must be granted from the Historic
Preservation Board pursuant to Sections 2.4.5 (éE), (GH), and (MD.
(4) Conditional uses must be approved pursuant to Section 2.4.5(FE).
Prior to action by the Planning and Zoning Board, the conditional use request must be
reviewed by the Historic Preservation Board with a recommendation forwarded by them.
to the PlanninQ and Zonina Board.
(F) Development Standards: The development standards as set forth, for
the ass HAD District, in Section 4.3.4 apply, except faf as modified below:
(1 ) The following locations shall be subject to the development
standards of the CBD Zone District, excludinQ exceptions to heiaht limitations provided
in Section 4.3.4(J)(4):
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following location shall be subject to the development
standards of the GC zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street
and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4
or provisions of the Banker's Row Development Plan, whichever is more permissive.
(4) Except for properties identified in Sections 4.4.24(F)(1), (2) and (7).
and the Old School Sauare Cultural Arts Complex. the maximum width of a buildina
frontinQ a street shall be limited to 60' and shall have a minimum separation of 15'
between buildinas frontina a street in a development site that contains more than one
structure.
(5) The floor area for the third floor shall be limited to 50% of the second
floor area and the buildina setbacks or planes of the facade are offset and varied to
provide visual relief.
(6) NotwithstandinQ the provisions of Section 4.4.24(F)(4). or
elsewhere in this code. residential-type inn developments. shall be permitted to:
(a) Connect adjacent on-site buildinas usinQ all-weather, covered
walkways. that are constructed of not less than 70% vertical
transparent alass or similar material. Said walkways shall be on the
around floor onlv. shall be located not closer than 15 feet from the
front buildina face. and may be ioined to elevators. lobbies. or
accessory use facilities permitted herein;
(7) The followina locations shall be permitted to construct residential-
type inn facilities where the maximum lenath of a buildina frontina a street shall be
limited to 100':
(a) Lots 5-10. Block 61
(G) Supplemental District Reaulations: Supplemental district regulations as
set forth in Article 4.6, except as modified herein, apply:
(1 ) Parcels located along N.E. 1 st Avenue between N.E. 2nd Street
and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of
these Supplemental District Regulations [Subsection (G»), or provisions of the Banker's
Row Development Plan, whichever is more permissive.
(2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e)
shall not apply.
(3) All parking, except for single family homes and duplexes, shall be
located in the side or rear yard or adjacent to a rear alley. No such parking shall be
located in the area between any street and the closest building or structure. Where
there are existing buildings or structures, the Historic Preservation Board may waive this
requirement during the site plan review process, provided that it is determined that
compliance is not feasible and that the character of the area will be maintained. If
approved, such parking shall be substantially screened from off-premises view by a
hedge or decorative fencing.
(4) Parkina Reauirements:
(a) All non-residential uses, with the exception of restaurants, shall provide
one parking space per 300 sq.ft. of total new or existing floor area being
converted to non-residential use. This requirement may be reduced to
one parking space per 400 sq. ft. of total floor area, or by at least one
space, where there is a mix of residential and non-residential use in the
same structure.
(b) Restaurants shall provide six spaces per one thousand square feet of
total new or existing floor area being converted to restaurant use.
(c) Residential-type inns shall provide one parking space per guest
room/unit. Other accessory uses shall be calculated separately based
upon square footage of the use area as provided for in subsections
4.4.24 (G) (4) (a) and (b) above.
(5) If it is impossible or inappropriate to provide required parking on-
site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section
4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness"
may be considered in relationship to the historic character of this zone district.
(6) When the parking requirements of Section 4.6.9(C) are applied to
either new development, expansion of an existing use or a change in use, which results
in the requirement of only one new parking space, a one space exemption shall be
allowed. This exemption may only occur once per property.
(H) Special District Reaulations:
(1 ) Residential units within a structure containing permitted non-
residential use(s) shall not use more than 50% of the gross floor area of the structure
within which they are located.
(2) Residential uses shall comprise no less than 10% of the uses in the
OSSHAD District as expressed by the exclusive use of individual parcels, other than
condominium ownerships. The existence of an occupational license, except for one
issued for a home occupation, shall establish that such a parcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area
between residential uses and non-residential uses (such as office, commercial, etc.)
which are either on or near the subject property.
(4) A residential-type inn shall be associated with an historic structure
and must be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and
shall not have overnight storage of more than two vehicles, which shall not exceed 1-1/2
ton capacity.
(6) 24-Hour or late night businesses as defined herein must be
processed as a conditional use and are subject to the provisions of Section 4.3.3(W).
(7) Duplex structures must have an intearated desian to aive the
appearance of a sinale familv dwellina.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,20_"
ATTEST MAYOR
City Clerk
First Reading
Second Reading
cIJiY··cºMMISSIÕN¡¡~º~YMÊNT.lt'II~¡·
TO: DAVID T. HA CI ~
THRU: PAUL DORLI G, DIRECT R OF ANNING AND ZONING
FROM: JEFFREY A. COSTELLO, ASSI NT PLANNING DIRECT
SUBJECT: MEETING OF NOVEMBER 2, 2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LDR SECTIONS
4.3.4(K) AND 4.4.24 REGARDING THE OSSHAD ZONING DISTRICT
REGULATIONS.
~ BAßKGROUNt)· I
The City Commission has raised concerns that the current Old School Square Historic Arts District
(OSSHAD) zoning district regulations do not adequately discourage development/redevelopment
which could negatively impact the character of the District. Staff was directed to study the Old
School Square Historic Arts District (OSSHAD) zoning district regulations and make revisions to
the district regulations that would ensure the character of the district is preserved.
The proposed text amendment will allow no more than two residential units in a mixed use
structure. The LDR change will also clarify that multiple family structures and townhouses are not
currently permitted in the district, while not preventing residential uses in a mixed-use structure in a
manner more consistent with the neighborhood. To this end, the amendment also limits the width
of a building fronting a street to 60' and requires a minimum separation of 15' between buildings
fronting a street for a development site that contains more than one structure. These dimensions
have been selected as it reflects the prominent development pattern given the average lot width of
75' and requires side setbacks of 7%' within the district. In order to accommodate massing and
scale appropriate to the district, the floor area for the third floor shall be no more than 50% of the
second floor area and the building setbacks or planes of the façade shall be offset and varied to
provide visual relief. It is noted, this LDR amendment also provides for clarifications to uses as well
as minor corrections to the text of the OSSHAD regulations. These regulations will not apply to the
Old School Square Cultural Arts Center or the properties that are subject to the CBD (Central
Business District) regulations, except that the amendment will not allow a building height in excess
of 48' on OSSHAD zoned properties subject to the CBD regulations.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. As indicated in the attached staff report, the proposed text amendment
will further the Goals, Objectives, and Policies of the Comprehensive Plan, as well as the purpose
and intent of the OSSHAD zoning district. Additional background and a detailed analysis of the text
amendment are provided in the attached Planning and Zoning Board staff report of October 18,
2004.
I pI..:ÄNNrNG'ÄND·ZØNING··BÔÄRÐCQNs]D~Rim.ºN. II
The Planning and Zoning Board held a public hearing regarding this item at its meeting of October
18, 2004. There were two members of the public who spoke in opposition to the amendment. One
person owned two properties and was concerned that he could not add additional units on the
property as a result of the amendment. He was informed that multiple family structures are
currently not allowed and the amendment will provide clarification to that affect. A representative
of Dharma properties (owner of Sundy House and adjacent properties) expressed concerns with
limiting the width of the structures fronting a street and felt that existing historic structures could not
\CJt\
City Commission Documentation
Meeting of November 2, 2004
LDR Amendment - City-initiated OSSHAD text amendment
Page 2
be constructed based on the proposed amendment. After discussing the amendment, the Board
voted 5-1 (Pike dissenting, Krall absent) to recommend to the City Commission approval of the
proposed amendment by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
I RÊÔÔNlMÊNCsIÂCTIÓN······· ··1
By motion, move to approve the amendment to LDR Sections 4.3.4(K) and 4.4.24 and by adopting
the findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations, with second reading to occur on November 16, 2004.
Attachment: Proposed Ordinance & Planning & Zoning Board Staff Report of October 18, 2004
--.
ORDINANCE NO. 59-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE
PRINCIPAL USES, ACCESSORY USES, CONDITIONAL USES,
REVIEW AND APPROVAL PROCESS, DEVELOPMENT STANDARDS
AND SPECIAL DISTRICT REGULATIONS IN ORDER TO HELP
REGULATE DEVELOPMENT SIZE, MASSING AND SCALE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on ,
and voted _ to _ to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.4, "Base District Development Standards",
Subsection 4.3.4(K), "Development Standards Matrix", "Nonresidential Zoning District
Matrix" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards:
(K) Development Standards Matrix: The following matrices set forth the
minimum and maximum development standards for each zoning district subject to
descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
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Section 2. That Section 4.4.24, "Old School Square Historic Arts District", of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.4.24 Old School Sauare Historic Arts District (OSSHAD)
(A) Purpose and Intent: The Old School Square Historic Arts District
(OSSHAD) is a mixed use district which is intended to:
(1) Provide for mixed uses of residential, office, and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation
of historic structures and, yet, maintain and enhance the historic and
pedestrian scale of the area;
(2) Stimulate greater awareness and pride in the City's architectural heritage,
and create an atmosphere and feeling of "Old Delray Beach";
(3) Improve the environmental quality and overall livability of this Historic
District and stabilize and improve property value therein, and;
(4) Allow uses which promote preservation and adaptive reuse of all structures
within the District.
(B) Principal Uses and Structures: The following types of uses are allowed
within the OSSHAD as a permitted use:
(1 ) Ro£identi31 u£e£ of sSingle family detached dwellings.:. aREi
duploxe£.
(2) Duplex structures.
(~~) Business, Professional, Medical and Governmental Offices.
(~) Retail sales through specialty shops (single purpose businesses)
such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops,
boutiques, bicycle shops. excludinQ liquor stores. convenience stores and druQ stores.
(4§) Arts related businesses such as craft shops, galleries, and studios
within which is conducted the preparation of, display of, and/or sale of art products such
as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture
framing, pottery, sculpture, stained glass.
(ãQ) Educational and/or Instructional activities including training,
vocational, or craft schools, the arts, personal development, and libraries, museums,
and social and philanthropic institutions.
(êZ) Restaurants of a sit down nature such as a cafe, snack shop, full
service dining but excluding any drive-in and/or drive-through facilities or features.
(1-ª) Providing of personal services such as barbershops, beauty shops,
salons, cosmetologists.
(8ID Bed and Breakfast Inns.
(910) Catering services not associated with a restaurant, subject to the
special regulations of Section 4.4.24(H).
(-Wll) Group Home, Type 1, pursuant to restrictions set forth in Section
4.3.3(1).
(4412) Within the following described areas, the uses allowed as
permitted uses in Section 4.4.13(B) pursuant to the base district and special reQulations
provisions of the Central Business District regulations shall also be allowed in the
OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1 ) Uses and structures normally associated with residences such as:
bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages,
playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage
sheds, workshops, swimming pools, and home occupations.
(2) On a parcel that has as its principal use a non-residential use, there
may be one single family residence no more than two residential units, either within a
separate structure or within a structure housing a non-residential use, provided that one
of tho situations oxists:
(a) The residence is occupied by tho ov.'nor, proprietor, or
employoo of a business enterprise conducted on the property; or,
(b) The business is o~..med, or operated, by the m\lner of the
parcel; or,
(c) The residence is occupied by the owner of the parcel.
(3) Family Day Care
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a
restaurant or business use, provided the operation of the outdoor dining area is limited
to daylight hours.
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the OSSHAD:
(1 ) The existence of more than one residential use on a parcel upon
which there is mixed use (residential and non residential usage). More than one
residential unit may be located v.'ithin a mixed use structure.
(2) On a parcel that has as its principal use a non residential use,
residential use which occurs other than as provided for in Subsection (C) (2).
(ðl) Outdoor dining which operates at night or which is the principal use
or purpose of the associated restaurant.
(4~) Adult Congregate Living Facilities, Alcohol and Drug Abuse
Treatment Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(0), Child Care, Adult Day Care, Continuing Care, Convalescent
Homes, and Nursing Homes.
( ã-ª) Parking lots not associated with a use.
(~) Residential-type inns, not to exceed more than eighteen (18)
individually leased suites or rooms per acre.
(7§) Group Home, Type 2, and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(1).
(E) Review and Approval Process:
(1 ) All principal uses and accessory uses thereto, which do not require
a permit for external modifications shall be allowed upon application for occupational to,
and approval by, the Chief Building Official.
(2) Structures which require a building permit for external work must
receive approval from the Historic Preservation Board. or the Director of Plannino and
Zonino or desiQnee. as applicable. through the issuance of a Certificate of
Appropriateness.
(3) For new development, or a chanqe in use which results in the
reQuirement to provide additional parkinq, approval must be granted from the Historic
Preservation Board pursuant to Sections 2.4.5 (I;E), (GH), and (MD·
(4) Conditional uses must be approved pursuant to Section 2.4.5(~E).
Prior to action by the Planning and Zoning Board, the conditional use request must be
reviewed by the Historic Preservation Board with a recommendation forwarded by them.
to the Planninq and Zoninq Board.
(F) Development Standards: The development standards as set forth, for
the OSSHAD District, in Section 4.3.4 apply, except faf as modified below:
(1 ) The following locations shall be subject to the development
standards of the CBD Zone District. excludinq exceptions to heiqht limitations provided
in Section 4.3.4(J)(4):
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following location shall be subject to the development
standards of the GC zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street
and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4
or provisions of the Banker's Row Development Plan, whichever is more permissive.
(4) Except for properties identified in Sections 4.4.24(F)(1) and (2), and
the Old School SQuare Cultural Arts Complex. the maximum width of a buildinq frontinq
a street shall be limited to 60' and shall have a minimum separation of 15' between
buildinqs frontinq a street in a development site that contains more than one structure.
(5) The floor area for the third floor shall be limited to 50% of the second
floor area and the buildinq setbacks or planes of the facade are offset and varied to
provide visual relief.
(G) Supplemental District Reaulations: Supplemental district regulations as
set forth in Article 4.6, except as modified herein, apply:
(1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street
and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of
these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's
Row Development Plan, whichever is more permissive.
(2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e)
shall not apply.
(3) All parking, except for single family homes and duplexes, shall be
located in the side or rear yard or adjacent to a rear alley. No such parking shall be
located in the area between any street and the closest building or structure. Where
there are existing buildings or structures, the Historic Preservation Board may waive this
requirement during the site plan review process, provided that it is determined that
compliance is not feasible and that the character of the area will be maintained. If
approved, such parking shall be substantially screened from off-premises view by a
hedge or decorative fencing.
(4) Parkina Reauirements:
(a) All non-residential uses, with the exception of restaurants, shall provide
one parking space per 300 sq.ft. of total new or existing floor area being
converted to non-residential use. This requirement may be reduced to
one parking space per 400 sq.ft. of total floor area, or by at least one
space, where there is a mix of residential and non-residential use in the
same structure.
(b) Restaurants shall provide six spaces per one thousand square feet of
total new or existing floor area being converted to restaurant use.
(c) Residential-type inns shall provide one parking space per guest
room/unit. Other accessory uses shall be calculated separately based
upon square footage of the use area as provided for in subsections
4.4.24 (G) (4) (a) and (b) above.
(5) If it is impossible or inappropriate to provide required parking on-
site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section
4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness"
may be considered in relationship to the historic character of this zone district.
(6) When the parking requirements of Section 4.6.9(C) are applied to
either new development, expansion of an existing use or a change in use, which results
in the requirement of only one new parking space, a one space exemption shall be
allowed. This exemption may only occur once per property.
(H) Special District Reaulations:
(1 ) Residential units within a structure containing permitted non-
residential use(s) shall not use more than 50% of the gross floor area of the structure
within which they are located.
(2) Residential uses shall comprise no less than 10% of the uses in the
OSSHAD District as expressed by the exclusive use of individual parcels, other than
condominium ownerships. The existence of an occupational license, except for one
issued for a home occupation, shall establish that such a parcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area
between residential uses and non-residential uses (such as office, commercial, etc.)
which are either on or near the subject property.
(4) A residential-type inn shall be associated with an historic structure
and must be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and
shall not have overnight storage of more than two vehicles, which shall not exceed 1-1/2
ton capacity.
(6) 24-Hour or late night businesses as defined herein must be
processed as a conditional use and are subject to the provisions of Section 4.3.3(W).
(7) Duplex structures must have an inteqrated desiqn to qive the
appearance of a sinqle familv dwellinq.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,20_.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
~
II CITY COMMISSION ÐOCUMENT ATION II 1
TO: DAp~EN CITY ~AGER
THRU: PA DORLlNG, DIRECT OF PLANNING AND ZONING
FROM: SCOTT PAPE, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 2, 2004
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.24(B) & (F) BY ALLOWING
THE PERMITTED USES AND DEVELOPMENT STANDARDS IN THE CENTRAL
BUSINESS DISTRICT (CBD) TO APPL Y TO THE SOUTHERN PORTION OF LOT 5 AND
ALL OF LOT 6, BLOCK 75 OF THE TOWN OF DELRA Y SUBDIVISION.
II BACKGROUND ANÐ ANAL YSIS II
The City has received a privately initiated LDR text amendment from Pineapple Grove Limited. The
proposed amendment will extend the permitted uses and development standards of the Central Business
District (CBD) to the southern portion of Lot 5 and all of Lot 6, Block 75 of the Town of Delray. Lots 5 and 6
is currently zoned OSSHAD and contains an existing two-story 6-unit multiple family structure and a duplex
(8 total dwelling units). The request is being made in connection with a larger mixed-use development
proposal on Lots 5 through 8 and 13 through 16, Block 75 of the Town of Delray subdivision (see attached
Map).
In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District) zoning district
was created and applied to properties located within the historic district, including lots 5 through 8. Lots 5
and 6 were rezoned from RO (Residential Office) to OSSHAD. Lots 7 and 8 were rezoned from GC
(General Commercial) to OSSHAD. Currently there are several lots located within OSSHAD that may be
developed in accordance with the permitted uses and development standards of the CBD. These lots (see
attached map), which include the blocks fronting on Atlantic Avenue on either side of Swinton Avenue
(excluding the Old School Square complex), the Neal Farms Market property (Lots 7-8 of the proposed
project), and the west half of Block 76 across from Old School Square, were so identified because their
existing or potential uses and/or development pattern were more typical of the CBD than OSSHAD zoning.
This development potential was not extended to Lots 5 & 6 given the properties history of residential use.
The OSSHAD zoning was, and continues to be, a district that promotes the restoration and reuse of existing
structures and provides for mixed uses of residential, office, and commercial activities. Permitted uses in
the district include: single family and duplex dwellings, offices, retail shops, restaurants, arts related
businesses, training and vocational schools, libraries and museums, barber and beauty shops, and bed and
breakfast inns. Allowed as conditional uses are residential units in a mixed-use structure, outdoor dining,
various types of residential care facilities (i.e. Adult Congregate Living Facilities, alcohol and drug abuse
treatment facilities, nursing homes), parking lots not associated with a use (i.e. public parking), and
residential inns. Structures within the district are permitted to a height of 35', and building setbacks are as
follows: 25' front, 15' side street, 7.5' interior side, and 10' rear.
The proposed amendment would add multifamily development as a permitted use, would allow an increase
in building height from 35' to 48' and up to 60' subject to conditional use approval by the City Commission; a
reduction of the minimum open space requirement from 25% to 0%; and a reduction in the minimum
building setbacks, including the potential for 90% of the building frontage to have a front setback of 5'
instead of the 25' front setback required in the OSSHAD. Furthermore, the restriction within the OSSHAD
zoning district that limits the residential floor to not more 50% of a mixed-use building would be eliminated.
The text amendment would also allow parking within the front yard, which is not permitted in the OSSHAD
district.
tOß
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated
by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an
amendment. The proposed amendment is a privately initiated text amendment to the Land Development
Regulations.
II REVIEW·BY01iHERS II
Community Redevelopment Aaencv:
The CRA considered the text amendments at its meeting of September 9, 2004 and recommended denial.
Since the applicant was unable to attend the September 9th meeting, the CRA reconsidered the text
amendment at its meeting of September 28, 2004 and again recommended denial.
Pineapple Grove Main Street Executive Committee:
At its meeting of September 1, 2004, the Pineapple Grove Main Street Executive Committee considered the
subject LDR text amendments. Due to a lack of a quorum, the Committee did not take a formal action on
the proposal. However, the general sentiment of the members that did attend was not in support of the
proposed changes. The Committee members did not support the increase in intensity that would result
given the increase in height.
Historic Preservation Board:
At its meeting of July 15, 2004, the Historic Preservation Board considered the LDR text amendment to
Sections 4.4.24(B) & (F), which allows the CBD permitted uses and development standards for the subject
lots zoned OSSHAD. The Board unanimously recommended approval of the LDR text amendment to allow
the permitted uses and development standards for the subject parcels.
~ PLANNING AND ZONING BOARDCONSIDERA1iION I
The Planning and Zoning Board held a public hearing regarding this item at its meeting of September 27,
2004. There was one person from the public that expressed opposition to the proposed text amendment.
After discussing the amendment, the Board unanimously voted 4-0 (Borchardt, Walker, and Morris absent)
to recommend to the City Commission deny the proposed amendment to Land Development Regulation
Sections 4.4.24(B) and (F), by adopting the findings of fact and law contained in the attached Staff Report
and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set
forth in LDR Section 2.4.5(M)(5).
II RECOMMENDED AC1iION ~
Move to deny the privately initiated Land Development Regulation Text Amendment for the Pineapple
Grove Limited Mixed-Use Project to allow the permitted uses and development standards of the CBD to
apply to Lots 5 and 6 by adopting the findings of fact and law contained in the attached Staff Report and
finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth
in LDR Section 2.4.5(M)(5).
Attachment: Location Map
Planning and Zoning Memorandum Staff Report of September 27, 2004 and Proposed Ordinance
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N OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS
....... - OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)
CITY OF DELRAY BEACH, FL ~ mm @ tôI
PLANNING &: ZONING DEPARTMENT ~ - EXISTING LOTS œ¡¡a . PROPOSED LOTS ¡g¡ ;g¡- BLOCK NUMBER . - LOT NUMBER
__ ÐJGITAL BASE MAP SYSTEM __ MAP REF: LMAI22
ORDINANCE NO. 42-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE
ADDITIONAL PROPERTI ES THAT ARE ALLOWED THE
PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO
INCLUDE ADDITIONAL PROPERTIES IN THE OSSHAD
DISTRICT THAT ARE SUBJECT TO THE STANDARDS OF THE
CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on September 27, 2004,
and voted 4 to 0 to recommend that the changes be denied; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1 ) Residential uses of single family detached dwellings and duplexes.
(2) Business, Professional, and Governmental Offices.
(3) Retail sales through specialty shops (single purpose businesses) such as:
bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle
shops.
(4) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as antiques,
collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(5) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions.
(6) Restaurants of a sit down nature such as a cafe, snack shop, full service
dining but excluding any drive-in and/or drive-through facilities or features.
(7) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(8) Bed and Breakfast Inns.
(9) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(11 ) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7 8 The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8, Block 75
(e) Lots 1-6, Block 76
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, in Section 4.3.4 apply, except for:
(1 ) The following locations shall be subject to the standards of the CBD Zone District:
2 ORD. NO. 42-04
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7 8, The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block 75
(e) Lots 1- 6, Block 76
(2) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street
(Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's
Row Development Plan, whichever is more permissive.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its adoption on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,2004.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3 ORD. NO. 42-04
~_le___tí"._ll1l1tL"'~_J
MEETING DATE: SEPTEMBER 27, 2004
AGENDA ITEM: IV.F. PRIVATELY INITIATED AMENDMENT TO LDR SECTION
4.4.24{B) & (F) BY ALLOWING THE PERMITTED USES AND
DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS
DISTRICT (CBD) TO APPL Y TO THE SOUTHERN PORTION OF
LOT 5 AND ALL OF LOT 6, BLOCK 75 OF THE TOWN OF
DELRA Y SUBDIVISION.
___It_.__l~'__
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to the Land Development Regulations (LOR)
Sections 4.4.24(B) & (F). The applicant proposes to amend the Old School Square Historic
Arts District (OSSHAD) by allowing the permitted uses and development standards in the
Central Business District (CBD) [LOR Section 4.4.13] to apply to the southern portion of Lot 5
and all of Lot 6, Block 75 of the Town of Delray subdivision. These lots are located on the
east side of NE 1st Avenue, approximately 163' north of NE 1st Street.
Pursuant to Section 1.1 .6(A), an amendment to the Land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
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An application for conditional use and site plan approval has been submitted for Lots 5
through 8 and 13 through 16, Block 75 of the Town of Delray subdivision. Lots 13 through 16
are zoned CBD and Lots 5 through 8 are zoned OSSHAD. Lots 5 and 6 contain an existing
two-story 6-unit multiple family structure and a duplex (8 total dwelling units). The duplex
was constructed in 1950 and the 6-unit structure was constructed in 1972. The existing
density for these two lots is approximately 22 dwelling units per acre. Lots 7 and 8, which
were the former site of Neal's Market and Jo's Back Room are currently vacant. The
buildings, constructed in 1925, 1954, and 1960, were all demolished in 2001. Lots 13 through
16 contain an auto parts business in a 4,854 square foot building, constructed in 1985 and an
8,556 square foot retail building, constructed in 1965.
In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District)
zoning district was created and applied to properties located within the historic district,
including lots 5 through 8. Lots 5 and 6 were rezoned from RO (Residential Office) to
OSSHAD. Lots 7 and 8 were rezoned from GC (General Commercial) to OSSHAD. The
OSSHAD zoning was, and continues to be, a district that promotes the restoration and reuse
of existing structures and provides for mixed uses of residential, office, and commercial
activities. Permitted uses in the district include: single family and duplex dwellings, offices,
retail shops, restaurants, arts related businesses, training and vocational schools, libraries
Planning and Zoning Board.... ., f Report
LDR Text Amendment - Pineapple Grove Limited
Page 2
and museums, barber and beauty shops, and bed and breakfast inns. Allowed as conditional
uses are multi-family dwellings in a mixed-use structure, outdoor dining, various types of
residential care facilities (i.e. Adult Congregate Living Facilities, alcohol and drug abuse
treatment facilities, nursing homes), parking lots not associated with a use (Le. public
parking), and residential inns. Structures within the district are permitted to a height of 35',
and building setbacks are as follows: 25' front, 15' side street, 7.5' interior side, and 10' rear.
There are several lots located within OSSHAD that may be developed in accordance with the
permitted uses and development standards of the CBD. These lots (see attached map),
which include the blocks fronting on Atlantic Avenue on either side of Swinton Avenue
(excluding the Old School Square complex), the Neal Farms Market property (Lots 7-8 of the
proposed project), and the west half of Block 76 across from Old School Square, were so
identified because their existing or potential uses and/or development pattern were more
typical of the CBD than OSSHAD zoning.
The OSSHAD zoning district does not allow "stand alone" multiple family development.
However, pursuant to LOR Section 4.4.24(B)(11), the permitted uses within the CBD zoning
district are allowed on lots 7 and 8 of the proposed development. This includes multiple family
development at a density of up 30 dwelling units per acre. The applicant has submitted a
LOR text amendment to extend these provisions to include Lots 5 and 6 as well. It is noted
that the proposed development will need to comply with the downtown Design Guidelines.
The development proposal consists of a mixed-use project that consists of 51 residential
units; 7,600 square feet of retail floor area; 4,255 square feet of office floor area; and, 2,500
of restaurant floor area. That portion of the development on lots 5 & 6 consists of a 39'-10"
high building that contains parking on the first and second stories and 4 residential units on
the third and fourth stories, which results in a density of 11.32 dwelling units per acre.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations
may be initiated by the City Commission, Planning and Zoning Board or City Administration;
or an individual may request an amendment. The proposed amendment is a privately initiated
text amendment to the Land Development Regulations.
The effect of the proposed amendment would be to add Lots 5 and 6, Block 75, to the list of
properties that can be developed pursuant to the CBD development standards. The proposed
changes would increase the types of permitted uses that could be established and allow for a
wider range of retail, service, and office uses, as well as higher density multi-family
residential development.
The applicant has submitted the following narrative that describes the justification for the
privately initiated LOR text amendment:
liThe analysis of the amendment and its potential impacts are as follows. Presently, the Land
Development Regulations allow for CBD types of development within certain areas of the
Planning and Zoning Board;.. . f Report
LOR Text Amendment - Pineapple Grove Limited
Page 3
OSSHAD District. This amendment adds some additional properties to this already enacted
concept because the classification of the properties is presently inappropriate.
The area that would be added to the other areas which presently allow CBD development is
adjacent to lots 7 and 8 of Block 75. Lots 7 and 8 of Block 75 are under the same ownership
as the lots proposed to be added pursuant to this amendment. This change fits within the
Comprehensive Plan of the City of Delray Beach, Florida and are in keeping with good land
planning principles which are to do away with split zoning. Even though the zoning would
remain OSSHAD, the development would be consistent with the CBD regulations. The
amendment would also allow for the redevelopment of an important area that presently
remains underutilized."
The applicant indicates that the current OSSHAO classification of Lots 5 and 6 is presently
inappropriate. However, the applicant has not provided any position in terms of what ways
the current designation is inappropriate. Consequently, there is no justification that the
OSSHAO regulations imposed on Lots 5 and 6 were established in error. Furthermore, there
have been no changes that demonstrate the need to amend these regulations. As noted in
the background section of this report, the existing multiple family development is non-
conforming with respect to density. Although, if constructed, the applicant's current
development proposal would reduce the nonconformity by reducing the existing residential
density from 22 dwelling units per acre to 11.32 dwelling units per acre, the proposed
amendment would, allow a density of up to 30 dwelling units per acre. This density is
incompatible with the adjacent historically designated area consisting primarily of single
family residences together with single family homes that have been converted to low-intensity
commercial uses.
CBD Development Standards (LDR Section 4.4.24(F):
The applicant revised his original LOR text amendment request to LOR Section 4.4.24(B),
which only dealt with permitted uses, to include an amendment to LOR Section 4.4.24(F).
The proposed amendment to this LOR Section would allow the development standards of the
CBO to apply to Lots 5 and 6. The text amendment would allow an increase in building height
from 35' to 48' and up to 60' subject to conditional use approval by the City Commission; a
reduction of the minimum open space requirement from 25% to 0%; and a reduction in the
minimum building setbacks, including the potential for 90% of the building frontage to have a
front setback of 5' instead of the 25' front setback required in the OSSHAO. The restriction
within the OSSHAO zoning district that limits the residential floor to not more 50% of a mixed-
use building would be eliminated. The text amendment would also allow parking within the
front yard, which is not permitted in the OSSHAO district. The parking for a mixed-use
development would need to comply with the CBO requirements, which would be greater for
commercial uses and less for multiple family units.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives or policies were noted:
---------
Planning and Zoning Board '- "f Report
LOR Text Amendment - Pineapple Grove Limited
Page 4
Future Land Use Element Objective A-1 - Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
As noted above, the proposed amendment will allow a density of up to 30 dwelling units per
acre and apply the CSD zoning district development regulations to the subject lots. The
adjacent properties to the north and west are zoned OSSHAD and include historically
contributing structures. They are developed with single family homes and single family homes
converted to non-residential uses. The introduction of residential densities permissible in the
CSD District would allow development at an intensity which is inconsistent with the scale of
development envisioned for the OSSHAD District and would not be complementary to
adjacent land uses. While the applicant may argue that the amendment should be applied to
the lots in question given their location adjacent to Lots 7 and 8, it should be noted that those
lots were previously occupied by Neal's Market and that the City allowed the cross-reference
to the uses in the CSD based on that commercial history. Further intrusion of higher intensity
uses into the OSSHAD is not compatible with the character of the historic district and does
not further the preservation of the area with respect to scale and intensity. It is further noted
that the regulations applying the CSD regulations to Lots 7 & 8 were implemented before the
codes allowing a height increase to 60' and an increase in density to 30 units per acre were
envisioned. In hindsight, given these intensifications, it may be more appropriate to consider
further restricting the CSD regulations for Lots 7 & 8.
Future Land Use Element Policy A-4.1 - Prior to approval or recommending approval
of any land use or development application for property located within a historic
district or designated as a historic site, the Historic Preservation Board must make a
finding that the requested action is consistent with the provisions of Section 4.5.1 of
the Land Development Regulations relating to historic sites and districts and the
"Delray Beach Design Guidelines".
The proposed amendment will allow an increase of the potential development intensity on the
subject property. As noted in the background section of this report, it was determined at the
time of the establishment of the OSSHAD zoning district that the development pattern of Lots
7 and 8 was more consistent with the CSD zoning district. The existing residential
development of Lots 5 and 6 was, and continues to be, more consistent with the OSSHAD
district. The OSSHAD District was established as a lower intensity mixed use district. To this
end, the City is currently exploring LDR Text Amendments to further limit the intensity
within the OSSHAD district. Therefore, a modification to the LDR's of this type should not be
considered.
Housina Objective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications
in and around the neighborhood do not lead to its decline, such as those described in
the following policies.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
Planning and Zoning Board... .f Report
LOR Text Amendment - Pineapple Grove Limited
Page 5
and circulation patterns shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas. If it is determined that
a proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The increase of density within this historically designated area will increase the traffic
volumes. Depending on the specific development proposal, these volumes may negatively
effect existing traffic circulation patterns within the historic district. Further, it will allow
development at densities inconsistent with the desired development pattern of the OSSHAD
district. This desired development pattern is explained in the "Purpose and Intent" section of
the LDR's which calls for encouraging the restoration or preservation of historic structures
and, maintaining and enhancing the historic and pedestrian scale of the area. The uses and
development densities that are currently allowed promote the preservation and adaptive
reuse of all structures within the District. An increase in the intensity of use of the subject
property possible under these changes will have an adverse impact on the stability of this
area and allow development inconsistent with the scale of the remainder of the district.
Pursuant to LDR Section 2.4.5(M)(5), in addition to provisions of 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent and furthers the
goals, objectives, and policies of the Comprehensive Plan. Given the discussion above
positive findings with respect to this amendment can not be made and the amendment should
be denied.
::;. _ _ __ '."0 - ~00:~_~:_él'i,_~~¡~-,_,-~ ~~;¡;<:_-t__-_ "0: --S~>,,_ _: :~-.~ _____:. -_.::::z .--;: '- }-. _ :'.. - __."-: - ""__: v. .- - _ _ _ ~_ _ _ '_ .":-·,t,'iu_ <ü--~:'~u ',-,:;~~' -~'.
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Historic Preservation Board:
At its meeting of July 15, 2004, the Historic Preservation Board considered the LDR text
amendment to Sections 4.4.24(B) & (F), which allows the CBD permitted uses and
development standards for the subject lots zoned OSSHAD. The Board unanimously
recommended approval of the LDR text amendment to allow the permitted uses and
development standards for the subject parcels.
Community Redevelopment Aaencv:
The CRA considered the text amendments at its meeting of September 9, 2004 and
recommended denial. It is noted that the CRA will reconsider the text amendment at its
meeting of September 28, 2004, since the applicant was unable to attend the September 9th
meeting.
Pineapple Grove Main Street Executive Committee:
At its meeting of September 1, 2004, the Pineapple Grove Main Street Executive Committee
considered the subject LDR text amendments. Due to a lack of a quorum, the Committee did
not take a formal action on the proposal. However, the general sentiment of the members
that did attend was not in support of the proposed changes. The Committee members did not
support the increase in intensity that would result given the increase in height.
Planning and Zoning Board ~ of Report
LDR Text Amendment - Pineapple Grove Limited
Page 6
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o PROD
o President's Council
o Old School Square
Public Notice:
Since the proposed LOR text amendment is site specific, a public notice has been provided to
property owners within a 500' radius of the subject property. Letters of objection or support, if
any, will be provided at the Planning and Zoning Soard meeting.
. .
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As noted in the background section of this report, it was determined at the time of the
establishment of the OSSHAO zoning district that the development pattern of Lots 7 and 8
(Neill's Market) was more consistent with the CSO district. Consequently, the Land
Development Regulations allowed the permitted uses in the CSO district to be included for
these lots. However, it was never envisioned that Lots 5 and 6 should be allowed to have a
greater intensity. These lots have historically been residential in character. The OS SHAD
district is typified as a low intensity mixed use district that allows single family residential,
professional offices, boutiques, etc. The intensity allowed as principal uses in the CSO
zoning district proposed for Lots 5 and 6 is incompatible with the historic district. This LOR
amendment does not meet the required findings of LOR section 2.4.5(M)(5) and therefore
should be denied.
. .' .'. ..... .. ; ." ," .',.. '. . ," .. .... :. ... ..... ....... .. .'. ',4k,;;..,'~j~ .:'. .>o>d."
Move a recommendation to the City Commission to deny the request for approval of the
Land Development Regulation Text Amendment for the Pineapple Grove Limited Mixed-Use
Project to allow the permitted uses and development standards of the CSO to apply to Lots 5
and 6 by adopting the findings of fact and law contained in the Staff Report and finding that
the request is inconsistent with the Comprehensive Plan and does not meet the criteria set
forth in LOR Section 2.4.5(M)(5).
Attachments:
· Proposed Amendment
· Location Map
· Applicant's Justification Statement
· OSSHAO Lots Subject to CBO Regulations
· Conceptual Plans
Planning and Zoning Board t i Report
LOR Text Amendment - Pineapple Grove Limited
Page 7
PROPOSED LDR AMENDMENT FOR BLOCK 75
(B) Principal Uses and Structures: The following types of uses are allowed within
the OSSHAD as a permitted use:
(11 ) Within the following described areas, the uses allowed as permitted
uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central
Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7 8 The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8, Block
75
(e) Lots 1-6, Block 76
(F) Development Standards: The development standards as set forth, for the
OS SHAD District, in Section 4.3.4 apply, except for:
(1 ) The following locations shall be subject to the standards of the CBD Zone
District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7 8, The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block
75
(e) Lots 1- 6, Block 76
WEINER & ARONSON, P.A. c:r~~"\!"""'n
ATTORNEYS AT LAW R t - .~, ',!¡ t- "
::c l'~-n' ~""._-} -<- ~; .~-; ~----,., t.....-....:"
The Clark House NAY 2 8 2004
102 North Swinton Avenue
Delray Beach, Florida 33444 :-;
fLA~1finl\.~ b. Lv:~',;';
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER OF COUNSEL:
CAROLE J. ARONSON ROBERT MARC SCHWARTZ, P.A.
JASON S. MANKOFF Florida Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
LLM. (In taxation)
May 28, 2004
Via Hand Delivery
Mr. Paul Dorling, Director of Planning & Zoning
City Hall
Planning & Zoning
100 N.W. First Avenue
Delray Beach, Florida 33444
Re: Amendment to Land Development Regulations
Our File No: CARBOO2
Dear Diane:
Pursuant to Section 2.4.5 (M) ofthe Land Development Regulations of Delray Beach,
Florida, this is a formal letter of request to amend LOR Section 4.4.24 (B) (11) along with a
rational for the requested amendment. Enclosed is a check in the amount of one thousand
dollars ($1,000.00) payable to the City of Del ray Beach for the cost ofthe text amendment
request. Attached is a draft of the proposed ordinance in which the language to be amended
is underlined.
The analysis ofthe amendment and its potential impacts are as follows. Presently, the
Land Development Regulations allow for CBD types of development within certain areas of
the OSSHAD District. This amendment adds some additional properties to this already
enacted concept because the classification of the properties is presently inappropriate.
The area that would be added to the other areas which presently allow CBD
development is adjacent to lots 7 and 8 of Block 75. Lots 7 and 8 of Block 75 are under the
same ownership as the lots proposed to be added pursuant to this amendment. This change
fits within the Comprehensive Plan of the City of Delray Beach, Florida and are in keeping with
good land planning principles which are to do away with split zoning. Even though the zoning
would remain OSSHAD, the development would be consistent with the CBD regulations. The
Mr. Paul Dorling
May 28, 2004
Page 2
amendment would also allow for the redevelopment of an important area that presently
remains underutilized.
Pleas advise me of all respective dates.
MSW:vc
cc: Louis Carbone, Esquire (via regular mail)
O:\CARBOO2\Text Amendment May 26 2004.wpd
Section 4.4. (24) (B)
(11 ) Within the following described areas, the uses allowed as permitted uses in Section
4.4.13 (B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 23-01 5/1/01];
[Amd. Ord. 5-00 3/21/00]
(I) Lots 13-16, Block 60
(m) Lots 1-4, Block 61
(n) Lots 1-7 and 19-24, Block 69 [Amd. Ord. 47-99 1/4/00]
(0) The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block 75
(p) Lots 1-6, Block 76
O:\CARBOO2\4.4.24 (B) (11).wpd
WEINER & ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER OF COUNSEL:
CAROLEJ.ARONSON ~~ERT MARC SCHWARTZ,
,JASON S. MANKOFF Florida Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
L.L.M. (In taxation)
July 8, 2004
Via Hand Deliverv
Mr. Paul Dorling, Director of Planning & Zoning
City Hall
Planning & Zoning
100 N.W. First Avenue
Delmy Beach, t=!orida 33444 ¡
Re: Amendment to land Development Regulations
Our File No: CARBOO2
Dear Paul:
Pursuant to Section 2A.5 (M) of the land Development Regulations of Dekay BEHdl,
Florida, this is a formal letter of request to amend LOR Section 4.4.24(F)(1). This request ~¡hoí..ll(
be reviewed simultaneously with and in conjunction with our initial request to amend Section 4.4.24
(B) (11). Attached is a draft of the proposed overall amendment in which the language to be
amended is underlined.
T e appropriate mailing labels are also enclosed. Please advise me of all respective jates.
cc: Louis Carbone, Esquire (w/enclosures via regular mail)
O:\CARB002\Supplement to Text Amendment.wpd
RECf]\/ED
JUt 08 2004
PLPJif'~jr;G & L\JH¡I~G
PROPOSED LDR SECTION 4.4.24 AMENDMENTS
LDR Section 4.4.24 - OSSHAD Zoning District Regulations
(B) Principal Uses and Structures
.
(11) Within the following described areas, the uses allowed as pennitted uses in
Section 4.4. 13 (B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60;
(b) Lots 1-4, Block 61;
(c) Lots 1-7 and 19-24, Block 69 [Amd. Ord. 47-991/4/00];
(d) The South 38-feet and 3-inches of Lot 5 and all of Lots 6-8 Block 75; and
(e) Lots 1-6, Block 76
(F) Development Standards:
(I) The following locations shall be subject to the standards of the CBD Zone
District:
(a) Lots 13-16, Block 60;
(b) Lots 1-4, Block 61;
(c) Lots 1-7 and 19-24, Block 69 [Amd. Ord.47-99 1/4/00];
(d) The South 38-feet and 3-inches of Lot 5 and all of Lots 6-8. Block 75; and
(e) Lots 1-6, Block 76.
O:\CARB002\Final Proposed LDR Amendment.wpd
--------- -----------
o^,
01t1
, CITYêÕMMISSIÕN'Dõ~i!JMeNTATIQN ~
TO: DAVI~N
OF PLANNING AND ZONING
FROM: PAUL DORLlNG, IRECT
SUBJECT: MEETING OF NOVEMB ,2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6(H)(3) "REGULATIONS AND
RESTRICTIONS" BY ADDING SUBSECTION 2.4.6(H)(3)(d)(2), ALLOWING
HORSE DRAWN CARRIAGE RIDES FOR SPECIAL EVENTS IF THE
OPERA TOR HAS A LICENSE AGREEMENT APPROVED BY THE CITY
COMMISSION AND PROVIDING LIMITED HOURS IN THE SUMMER
SEASON.
j
I 1~~K.I'i!JNP ;,;:-ü",·, ..... .~
At its meeting of November 4, 2003 the City Commission approved an amendment to the
Land Development Regulations regarding Section 2.4.6.(H) adding "Horse Drawn Carriage
Rides, Ice Skating Rink, Carousal, and Other Related Holiday, Seasonal/ Temporary Uses"
as one of the temporary use categories allowed under LDR Section 2.4.6 (H). This
amendment further imposed regulations and restrictions under a new sub paragraph 2.4.6
(H)(3)(d) which requires these uses to be sponsored by the City, Community Redevelopment
Agency, the Downtown Joint Venture or other agency which is formulated for the purposes of
economic development as approved by the City Commission.
A new amendment is now proposed which will allow "Horse drawn carriage rides for certain
special events including but not limited to weddings if the owner/operator enters into a
license agreement with the City of Delray Beach. The License agreement would identify
specifics terms and times. Horse drawn carriage special event rides would not be permitted
before 6:00 p.m. or after 10:00 p.m. from June 1st through November 1st for all special
events except for weddings which are also allowed to occur between the hours of 8:00 a.m.
and 12:00 noon from June 1st through November 1st". This restriction would assure that the
rides would not be conducted between the hottest parts of the day.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. While the amendment does not specifically further the
Goals, Objectives and Policies of the Comprehensive Plan, it is not inconsistent with them.
Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M) (5).
I pLANNING·ÄN[)ZÕNING··BOARd·~ÕNSIDERATIÕHi' I
- _______________________._______._._. - - _.__._ _._______u__u__u__u.__.
The Planning and Zoning Board first considered the amendment on August 26, 2004. After
discussing the amendment it was continued with direction to provide clarifying language.
The ordinance was amended by the City Attorney's office and reconsidered by the Board at
their October 18th meeting. The Board took public testimony from the owner of Horse
Carriages Inc. (current vendor) who felt there should be no restrictions on the hours of
operation. After deliberation the Planning and Zoning Board recommended approval of the
proposed amendment without the language restricting hours of operation, by adopting the
\OC-
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
CRA Review
The CRA considered the LDR amendment at their August 12, 2004 meeting and after
discussion voted to defer this item to the City Commission.
DDA Review
The DDA considered the amendment at their August 13, 2004 meeting and recommended
denial. The Board felt that there should be no restrictions on the hours of operation because
that would be self regulated by the carriage operators. It was thought that the operators
would have the animal's welfare in mind and would not operate at times it would be
dangerous for the animals.
I RECÖMMÊNÐÊ3D.~ø1ll1~N·· t
By motion, approve of the amendment to the Land Development Regulations Section
2.4.6(H)(3) "Regulations and Restrictions" by adding Subsection 2.4.6.(H)(3)(d)(2), allowing
Horse Drawn carriages rides for special events if the operator has a license agreement
approved by the City Commission and providing limited hours in the summer season by
adopting the findings of fact and law contained in the staff report and finding that the request
is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations, with second reading to occur on November 16, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 49-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION 2.4.6 (H)(3)(D) BY
ADDING SUBSECTION 2.4.6(H)(3)(D), (2), ALLOWING THE USE
OF HORSE DRAWN CARRIAGES FOR SPECIAL EVENTS IF
THE OWNER OR OPERATOR HAS A LICENSE AGREEMENT
APPROVED BY THE CITY COMMISSION AND PROVIDING FOR
LIMITED HOURS IN THE SUMMER SEASON; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 18, 2004, and voted 6 to 0 to
recommend that the changes be approved without the limitations on summer hours; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board,
sitting as the local planning agency, has determined that the change is consistent and furthers the
goals, objectives and policies of the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.6(H)(3), "Regulations and Restrictions" be amended by
amending subsection 2.4.6(H)(3)(d) of the Land Development Regulations of the City of Delray
Beach to read as follows:
2.4.6(H)(3). Regulations and Restrictions.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and other
related Holiday, SeasonalfTemporary Uses.
(1 ) The horse drawn carriage rides, ice skating rink, carousel, and
other related holiday, seasonal/temporary uses must be sponsored by the City, Community
Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated
for the purposes of economic development as approved by the City Commission. The
owner/operator of the horse drawn carriage rides must have a license agreement
approved by the City Commission prior to commencing the use.
ø In addition to the holiday. seasonal. and temporary uses
referred to in Section 2.4.6(H)(3)(d)(1) above. horse drawn carriaqe rides are also
permitted for certain special events under the terms and for the times permitted in a
license aqreement. Horse drawn carriaQe special event rides not qoverned by Section
2.4.6(H)(3)(d)(1) above. are only permitted between 6:00 p.m. and 10:00 p.m. from June
1st throuqh November 1. except for weddinQs. which may also occur between the hours of
8:00 a.m. and 12:00 noon from June 1st throuQh November 1st.
Section 2. That should any section or provision of this ordinance or any portion thereof.
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
2 ORD NO. 49-04
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I··········,~".··.·.·.··· . ·::~¡i.mmRIII;fmmll.I.ltì..'__J.~J·.. I.;~I!I].ÎÎ~tr,..m';·! i'U'Ù,U·· ······>'11111 1Ifmñ¡'!'~111 1 111 1 11
~mr:( .. ".- ¡mt1:'/;\W:i
TO: DAVI~'
THRU: PAUL ORLlNG, DIR CTOR PLANNING AND ZONING
FROM: RONALD HOGGARD, S 10 REDEVELOPMENT PLANNE~ ~~
SUBJECT: MEETING OF NOVEMBER 2, 2004 **PUBLlC HEARING**
CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO INCORPORATE REGULATIONS RELATED TO
THE GC (GENERAL COMMERCIAL) PORTION OF THE WEST
ATLANTIC OVERLAY DISTRICT INTO THE CBD (CENTRAL
BUSINESS DISTRICT).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray
Beach Master Plan, to guide future development of the downtown business districts.
The Plan characterizes the City's downtown as the commercial areas surrounding the
Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The
Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It
represents the ultimate growth and form of the community and the creation of a
recognizable and seamless center for our city. During the development of the Plan,
three neighborhoods and districts were identified for the downtown area: The West
Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include
these districts within one zoning classification - the CBD (Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are
of a character and scale that reinforce the citizens' vision of a "City of urban amenities
with a small town feeling", the Master Plan also called for the development and
implementation of design guidelines for the downtown area. These guidelines,
developed by consultants Jaime Correa & Associates, the Design Guidelines
Subcommittee, community and industry stakeholders, and staff, were adopted by the
City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a
Future Land Use Map amendment and rezoning of the West Atlantic Neighborhood
from GC to CBD, to be consistent with the zoning of the balance of the downtown area.
Originally, the intent was for the design guidelines to apply to a unified CBD zoning
district with three distinctive su b-areas/d istricts, including the West Atlantic
Neighborhood. However, since the FLUM amendment and rezoning process would take
approximately 6 months, it is decided to proceed with the LDR amendments and
incorporate the design guidelines into the GC district (West Atlantic Overlay portion)
until the adoption of the CBD rezoning and Commercial Core land use designation. This
would ensure that development within this six month period would be consistent with the
new development standards/design guidelines. It was understood that once the West
Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area
would be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning
\OD
City Commission Documentation
LDR Amendment - Integration of West Atlantic Overlay Regulations into CBD
Page 2
process is nearly completed, it is now appropriate to amend the Land Development
Regulations accordingly.
Pursuant to LDR Section 2.4.5(M)(5), in addition to the provisions of LDR Section
1.1 .6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive
Plan. The Comprehensive Plan has been reviewed and it was found that the
amendment is consistent with and furthers Future Land Use Element Policv C-4.2, in
that it implements recommendations called for in the Downtown Delray Beach Master
Plan.
At its meeting of October 18, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the proposed text amendment. There was no public
testimony regarding the proposed changes. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 6-0 (Krall absent), by adopting
the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth
in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
By motion, approve on first reading the ordinance amending Land Development
Regulations Sub-Subsection 4.3.3(0)(1), "Application"; Sub-Subsection 4.3.4(J)(4),
"Increases To Height Regulations"; Subsection 4.3.4(K), "Development Standards
Matrix"; Section 4.4.9, "General Commercial (GC) District; Section 4.4.13, "Central
Business (CBD) District"; Subsection 4.4.24(F), "Development Standards"; Secticm
4.5.6, "The West Atlantic Overlay District"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height
Limitation"; Sub-Subsection 4.6.9(E)(3), "In-Lieu Fee" and Subsection 4.6.18,
"Architectural Elevations and Aesthetics"; by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of
the Land Development Regulations, and set a public hearing date for second reading of
the Ordinance on November 16, 2004.
Attachments:
. Planning & Zoning Staff Report
. Proposed Ordinance
s:\planning & zoning\boards\city commission\ldr design guidelines amendment to incorporate west atlantiic overlay in cbd.doc
mLR.4.Y BI;.4.(H DElRAYlEA(H
~""~1i Ít~~'~1Ï
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JlJ<.J.ì IlJ'..(-
"001 2001
MEETING OF: OCTOBER 18, 2004
AGENDA ITEM: IV.G. LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT
IN ASSOCIATION WITH THE DOWNTOWN DELRAY BEACH
DESIGN GUIDELINES
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to the Land Development Regulations relating to the Downtown Delray
Beach Design Guidelines, pursuant to LOR Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(j\), the text of the LOR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing
has been held by the City Commission. Any such change shall be made by ordinance,
pursuant to procedures found in LOR Section 2.4.5(M).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. The Plan
characterizes the City's downtown as the commercial areas surrounding the Atlantic Avenue
corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the
Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate
growth and form of the community and the creation of a recognizable and seamless center for
our city. During the development of the Plan, three neighborhoods and districts were identified
for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach
District. The goal is to include these districts within one zoning classification - the CBD
(Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are of a
character and scale that reinforce the citizens' vision of a "City of urban amenities with a small
town feeling", the Master Plan also called for the development and implementation of design
guidelines for the downtown area. These guidelines, developed by consultants Jaime Correa &
Associates, the Design Guidelines Subcommittee, community and industry stakeholders, and
staff, were adopted by the City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a Future
Land Use Map amendment and rezoning of the West Atlantic Neighborhood from GC to CBD,
to be consistent with the zoning on the balance of the downtown area. Originally, the intent
was for the design guidelines to apply to a unified eBD zoning district with three distinctive
sub-areas/districts, including the West Atlantic Neighborhood. However, since the FLUM
amendment and rezoning process would take approximately 6 months, it is decided to proceed
with the LOR amendments and incorporate the design guidelines into the GC district (West
IV.G.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 2
Atlantic Overlay portion) until the adoption of the CBD rezoning and Commercial Core land use
designation. This would ensure that development within this six month period would be
consistent with the new development standards/design guidelines. It was understood that once
the West Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area
would be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning
process is nearly completed, it is now appropriate to amend the Land Development
Regulations accordingly.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (FindinQs): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the goals, objectives and policies of the adopted Comprehensive Plan were
conducted and the following applicable policy is noted:
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business districts
surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens'
vision for the growth and unification of Delray Beach, while still retaining the "village like,
community by-the-sea" character of the CBD. The Plan addresses a wide range of issues
including infill development, neighborhood parks, shared parking, public art, the roadway and
alleyway systems, marketing/economic development, and the need to modify the Land
Development Regulations to include design guidelines to retain the character .of Delray Beach.
Future development and redevelopment in this area shall be consistent with the Master Plan.
The above policy and adopted Downtown Delray Beach Master Plan characterize the City's
downtown as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95
and State Road A-1-A (Ocean Boulevard). During the development of the Master Plan, three
districts were identified for the downtown area: the West Atlantic Neighborhood, the Central
Core, and the Beach District. The goal is to include these districts within one zoning
classification - the CBD (Central Business District). The adoption of the design guidelines and
the rezoning of the West Atlantic Neighborhood area to CBD are just a couple of the many
recommendations and strategies called for in the Plan to address its goal for unity, while
guiding the revitalization and redevelopment of the City's downtown.
Based upon the above, the proposed LOR amendments will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LOR Section 2.4.5(M)(5).
'[¡'t';>;WH~!nk ;......j,' ,._,_."._.O_._y_<_,______ ",··.·....,.rt·E···''f¡I' E·.WmirB,Y·i:·:Ø·.T··.H;î:·.R·.$··r;;q··-'¡~!f·¡I,·;i.:..·...···II~r¡I:~~~I.!·I·tJWm¡lmlil¡I;;I;;5ItirJl~
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..---: '+F:-~:' - .~-,--- Prior to adoption of the Design Guidelines in May, 2004, there was an extensive review and
comment period including joint workshops conducted with the following reviewing boards,
agencies and organizations:
Community Redevelopment Agency (CRA)
Downtown Development Authority (DDA)
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 3
Historic Preservation Board (HPB)
West Atlantic Avenue Redevelopment Coalition (WARC)
Site Plan Review and Appearance Board (SPRAB)
Planning and Zoning Board
The comments and recommendations made by these Boards were incorporated into the
Design Guidelines Ordinance prior to its adoption. The changes, currently under consideration,
involve moving language from one section of the code to another to accommodate inclusion of
the West Atlantic Neighborhood area into the CBD and to correct references to this area
elsewhere in the code. Although it was not considered necessary for these Boards to review
the current amendment again, the draft was submitted to the CRA, since its staff played a
major role in writing the original design guidelines.
Community Redevelopment Aaencv:
The CRA will consider the text amendments at its meeting of October 14, 2004. The Board's
recommendations will be presented at the meeting.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to the
Land Development Regulations, as it relates to the Downtown Delray Beach Design
Guidelines, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprèhensive Plan
and meets criteria set forth in Sections 1.1 .6(A) and 2.4.5(M) of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to the
Land Development Regulations, as it relates to the Downtown Delray Beach Design
Guidelines, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations.
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Move a recommendation of approval to the City Commission for the amendment to the Land
Development Regulations, as it relates to the Downtown Delray Beach Design Guidelines, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1 .1 .6(A) and 2.4.5(M) of the Land Development Regulations.
Attachments
. Proposed Ordinance
\\carolina\departments\planning & zoning\boards\p&z board\ldr downtown design guidelines integrate west
atlantic overlay,doc
ORDINANCE NO. 64-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
L\ND DEVELOPMENT REGUL-\TIONS OF CODE OF
ORDINANCES, BY AMENDING SUB-SUBSECTION
4.3.3(0)(1), "APPLICATION"; SUB-SUBSECTION 4.3.40)(4),
"INCRRi\SES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS 1-'fA TRIX";
SECTION 4.4.9, "GENERAL COMMERCL-\L (GC) DISTRICT;
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT";
SL'BSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SECTION 4.5.6, "THE WEST ATLANTIC OVERLAY
DISTRICT"; SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTL-\L ZONING OR ZONING
DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT
LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE"
AND SUBSECTION 4.6.18, "ARCHITECTURAL ELEVATIONS
AND AESTHETICS"; PROVIDING A SAVING CL-\USE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 18, 2004, and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design guidelines
for the downtown area be created to establish land development regulations to ensure building
forms of a character and scale that reinforce the Citizens' vision of a "City of urban amenities with a
small town feeling," create pedestrian friendly streets, promote areas of special character, and
preserve heritage in the development process; and
WHEREAS, in order to mitigate the mass/scale and uniform monolithic appearance of large
buildings and ensure that the architectural composition of new development incorporate
architectural features that will provide visual interest, while allowing design flexibility, the City
Commission amended the Land Development Regulations on May 4, 2004 to incorporate design
guidelines for the three sub-areas of the downtown area (West Atlantic Neighborhood, Central Core
and Beach Area); and
WHEREAS, the zoning designation for the West Adantic Neighborhood area has changed from
General Commercial to CBD (Central Business District).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, TH.AT:
SECTION 1. That Section 4.3.3, "Special Requirements for Specific Uses," Subsection 4.3.3(0),
"Townhouses and Townhouse Type of Development," Sub-subsection 4.3.3(0)(1), "Application",
of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(1) Application: These special requirements apply to townhome or townhouse development and
to apartment complexes which are designed in the style of a townhome, except projects
located within the Central Business District, Ceaenl Commen:isJ West .:\tlanti€ 07erlay
Disttiet, and Central Business District - Railroad Corridor, which shall comply with the
applicable district regulations.
.. .
SECTION 2. That Section 4.3.4 "Base District Development Standards," Subsection 4.3.40),
"Height,", Sub-subsection 4.3.40)(4), "Increases to Height Regulations", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(4) Increases to Height Regulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment
empowered to grant, an increase of height for any purpose in the following zone
districts:
Single FamilY (R-1) Districts Rural Residential (RR)
Agriculture (A.g) Mobile Home (l\1H)
Low Densiry Residential (RL) }'1.edium Densiry Residential (Ri\1)
Planned Residential Development (PRD) Residential Office (RO)
Neighborhood Commercial (NC) Professional and Office District (POD)
Conservation District (CD) Open Space (OS)
2 ORD NO. 64-04
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by
the City Commission in any zone district not listed above when approved pursuant to
the processing of a conditional use request and based upon a fInding of compliance with
each of enumerated criteria listed below.
(i) That the structure is to be located in one of the following geographic areas:
(1) Area "A" - all property located east of Congress Avenue and west ofI-95.
(2) Area "B" - the property encompassed by the Delint DRI, with the exception
of that portion platted as "Waterford Village"; along with property located
west ofS.W. 10th Avenue, south of Linton Boulevard, and east ofI-95.
(3) Area "c" - the property encompassed by the boundary of Linton Boulevard,
Wallace Drive, S.W. 10th Street, and I-95.
(4) Area "D" - the properties located south of Adantic Avenue, north of S.W.
1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the
properties located north of Adantic Avenue, south of N.W. 1st Street, west
ofN.W. 1st Avenue, and east ofN.\V 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on
the east by the Intracoastal Waterway, on the south by Allen Avenue
extended to said easterly and westerly boundaries, and on the north to the
northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pair system of Federal
Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard, extending 200
feet north and south of its ultimate right-of-way, extending from I-95 to
Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C.
Railroad on the east, the combination of Southridge Road and Swinton
Avenue on the north, and S.\V 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portion of the CBD (Central
Business District) except for pwperty lying eRst of the InttawRstal 'X'Rtef\1\.'~Y,
(10) Area "J" - the property encompassed by Lindell Boulevard on the north,
Federal Highway on the east, Dixie Highway on the west, and the City limits
on the south.
3 ORD NO. 64-04
(ii) That the increase in height will not provide for, nor accommodate, an increase in
the floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48 feet, except for the
following situations:
(1) An increase in intensity is allowed when the increase from 48 feet to 60 feet
is for the purpose of accommodating residential use on the top floor of the
structure; however, the increase in intensity is only for the added residential
use area;
(2) An increase in intensity is allowed when there is a transfer of development
rights pursuant to Section 4.6.20.
(iii) That the increase in height is based on or will result in one, or more, of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
particular use or a particular matter or type of construction, a greater than
normal space between floors or height of story is necessary; or
(2) That 50% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation; or
(3) That for each foot in height above 48 feet, an additional building setback of
two feet is provided from the building setback lines which would be
established for a 48-foot tall structure. The additional setback is required
from all setback lines (i.e., front, side, and rear) for the portion of the
building that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback requirements of that
district.
.. .
SECTION 3. That Section 4.3.4, "Base District Development Standards," Subsection 4.3.4 (K),
"Development Standards MatrLx," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.3.4 Base District Development Standards:
(K) Development Standards Matrix: The following matrices set forth the minimum and
maXlffium development standards for each zorung district subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
4 ORD NO. 64-04
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5 ORD NO. 64-04
SECTION 4. That Section 4.4.9, "General Commercial (GC) District," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC) District provides basic regulations
for small parcels which are best suited for general retail and office uses but which are not of
sufficient size to be designed in a planned sense. The GC designation is applied to small parcels,
most of which are developed, where adherence to standard regulations is most appropriate. The GC
designation is to be applied primarily along arterial and collector streets. Uses may be conducted
singularly or in combination within the same structure.
(B) Principal Uses and Structures Permitted: The following are allowed within the GC
District as permitted uses, except a3 prohibited in the 'XTe3t ¡\tlantie }..7enue Overlay Distflet by
SeetlOfl 4.4.9(C)(1)(a):
(1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics,
fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical equipment, music and musical
instruments, nautical supplies, office furniture equipment and supplies, pets and
pet supplies, photographic equipment and supplies, se"ving supplies, sporting
goods, toys, wearing apparel and accessories, appliances, bicycles, business
machines, jewelry.
(2) Business and Professional uses including, but not limited to:
* Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
* Air conditioning, general contractor, electrical, painting, and plumbing; however,
any outside storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
6 ORD NO. 64-04
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-
site processing for customer pickup only, dry cleaning and laundry pickup stations,
ftnancing e.g. banks and similar institutions including drive-through facilities,
laundromats limited to self-service facilities, pet grooming, restaurants including
drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts
and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling,
and karate-judo, small item repair, and rental of sporting goods and equipment
(such as but not limited to bicycles, skates, boogie boards).
* Abused spouse residence with forty (40) or fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs,
indoor shooting ranges, museums, libraries, newsstands, commercial or public
parking lots and parking garages, theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that: commercial
uses must be provided on the ground floor; commercial uses on the ground floor must occupy no
less than 25% of the total structure excluding square footage devoted to vehicular uses; residential
uses and non-residential uses are physically separated and have separate accessways; and the
residential density does not exceed 12 units per acre.
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers, subject to the locational restrictions of Section
4.4. 9 (H)f.S7ill·
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(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) Provision of services and repair of items incidental to the principal use;
(4) Storage of inventory either within the same structure as where the sale of goods occurs
or in a separate structure on the same parcel provided that such storage facilities are not shared or
leased independent of the primary commercial use of the site;
(5) Single family detached dwellings for residence by business owners, proprietors, or
employees.
7 ORD NO. 64-04
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the vç'e5t ..\tlantic ~\ven-ue Oycda-y Di3tflet by
8eetion 4.4.9(C)(1) and the North Federal Highway Overlay District by Section 4.4.9(G)~ill·
(1) Residential Licensed Service Providers, subject to restrictions set forth in Section
4.3.3(D).
(2) Amusement game facilities limited to such uses as pinball, air hockey, electronic
games, and other similar coin operated games when an attendant is on duty.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline direcdy into vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the requirements of the RM District
except for setback and height requirements which shall be pursuant to this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and fùters, and lubrication with no
mechanical work or outside storage of vehicles except as a part of a gasoline station.
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(1).
8 ORD NO. 64-04
(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, plan 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).
(4) }JJ applieatiofl:3 fOf wffimerefd or multiple f!ttftÌ:ly resiclefltial developmeflt, ineffidffig
sigas, -i\-ithifl the ~'est .:\tlafltie ,:\vcflue Overlay Distriet w-iR he forNM"àed to the West ..\tlafltie
Reclevelopmeflt Coalitiofl (\V..\RC) aflà the COfflffiUftÌty Redeyelopment ¡\.geflcy fDr commeflt.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall
apply except as modified below:
(1) If there is no vehicular access available to the rear of any structure, a side setback of
ten feet (10') shall be provided. For a side interior lot, a ten foot (10') setback is required only on one
(1) side.
(2) West }~dafttie ...'\veftae 07erlay Distriet De~.¡eloþffieftt Stilftdilrds: The foYow~
de-...-elopment stafldards apply to all pfOperties zoned Ceflera:l COffimel'eial (CC) -,vithin the ~'est
...^~tlafltic ,:'...yenue O-...-erlay District a3 defmed in Sectiofl 4.5.6(B). Tms suB area, lœowfl as the ~'est
Atlafltic Neighborhood (\V..\:-J) provides for de\-clopment that is wmf3teflt with the adopted West
AdafltfC .:'...veflue Rede-...-elopmeflt Plafl and thc DO'?'fltowfl Dekay Beach Master Plafl. The emphasi3
is Ofl the pre3Cft-ation afld eflflaflcemeflt of e}ustllg neighborhoocl:3, while promoting a pedestflafl
friendly c:ommereial area aloflg .:\tlantic ¡\,.veflue that cOfltam:3 a tni1r of re:3iclential, commercial ftflcl
civic Rlflcl'ion3. Businesses that are oriented to"vard :3en mg the local fleigfthorhood, a:3 opposed to a
regional area, are eflcouraged. .:\~ll parcels -o¡-Ïthifl the botHlclarie3 of the ~'XN are showfl in Figure
4.1.9 1.
(This space intentionallY left blank)
9 ORD NO. 64-04
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,."'" '" i ,""" "", '.' "¡""iT' . '. .,,,,. ·0" j '-:: ."""'.. I· ".
/.:.....'.'...""."'1..."',, .."........¡.'. ..... ",:.: I,"""': .... ,."......:, PM; ""'J
t'·, ./>:;~.p ".," ,J,', ':.""., , " '..,,:,:,'. i '"r,:::,.,,,,
i'.'... . " . ...'.'".'."..,," :.' n, cP<".;;;C·'i' .. ¡ ....' , '.¡.'.¡¡.'.¡.¡ "" ....... ·¡.ii.0 .' ..
(; rt:""·, : ~ ,J ", I '" .. · :: i," \. i.-: .
~.''''''''¡¡''.'..-.'''. -.'..'..i...-.,., .. .'..'..~' - - - , ¡,!,:,- ~ 'r "" - ,
¡'''¡F,' ,'~., c."',, ,~. ".... ......... ·,1 \.
/ '
[L:;;; ';;;;"., I WES;:C ~J~~~~"~~~~OOD ~
V .--- ~·'i"~;:~¿ :;".$£ MA.."'; $'1':::-[.-.1 ,
Figure ~.~.9 1 WestfAl_tie Þ-Jeighbarheed
10 ORD NO. 64-04
(a) Height: P¡m:eh that have frontage aloflg }~tlaatie .:benue, N\~T 5#> ..:\.venue, or ~W 5àt
}~'y'enue shaH ha7e a frOflt setbaek of five feet (5') from the ultimate right of ,vay Jffi.e.
The froat 3etbaek area shaH be paved ....'Ïcli paver bloeks to mateh the eltl3tÏflg
sidewaHr3 \vithin the }~tlaatie }~veaue right of ',vay.
(i) Q-/'ersD. Height of bui±diflgß shaH be a ~ of r'<'\,Tefl.ty fi-.re feet (25')
aad a m.altlmum of fDrty eight feet (48') in. hcigfl.t. Exeeptiofls to the hci~t
lim.1tatiom 3haH eom.ply y,'Ïcli Seetioa 4.3.4G)(3) aad (4).
(if) ~'\resde Height shaH be a ~ ten feet (10'), mea3ured from finißhed
arcade floor to fiftished areade eciJing.
(iti) Floor Height shaH be a millimum of tea feet (10') for ground floors and a
minimum of nine feet (9') fDr aH other floors. .:\.H heights shaH be measured
from f1fiÏshed floor to fini3hed eeiling. .:\.måli:ftry aad sen'iee rooms, sueh as,
gara-ges, reSffooms, dosets, lauflcHy rooms, œ:es3Íflg roomß, storage
room3, meduaieal, eleetrieal, aad plum:bing equipment room3 are exempted
from the floor height regulatiofl3.
N : HEIGHT
REGU :nONS 48 FT.
DON
APPLY TO -
AUXILIARY
AND SERVICE
ROOMS
FigHre 1.1.9 2 BøilàiBg Height R-e'luireæeBts
(b) The minimum open spaee reqmrement iß ten pereeat (10%) of the site Mea. }~H
landseape requirements for parlÙflg lots and buffering of residential properties,
pursuaflt to Seetion 4.6. 4 and 4.6.16, shaH apply.
11 ORD NO. 64-04
(e) Buildiag Floatage aad Fleat Set-haek-s:
(i) The building froatage for aa intenor lot iB the portion of the lot abuttffi.g the
primary street m1flUB the reqilited Bide setÐacks.
(ii) The bui:lding froatage for the primary stteet side of 11. eorner lot is the portioa
of the lot abutting the primary Btteet minus the required side setback:!.
(i:i:i) The building frontage fDr the seeandary stieet Bide of 11. earner lot is the
portion of the lot abuttiflg the secoadary street 1'nÏnU5 the reqilited front aad
rear setbftdŒ.
Figare 4.4.9 J BuildiBg FrafttBge
(iv) Buildi-fl.g frontage is eltpressed Ïfl pereentages aad maT nry from floor to
&er.
(v) Front setÐftdŒ shaH be takea from the property line, or if 11. dedieatioa is
required, from the resulriflg property line after dedication.
(vi) Building froflffige and setbaeb for properties froati-ag on .:\.tlantic },,7eaue
shaH eamply with Table ~.~.9 1.
(yii) The front setBad( Mea for b~g3 frontiflg on ..:\.tlaMÏ:e ":\-.-effile shaH be
paved with pll.--ing mll1'enab to match the elå5ting sidewalks witftifl the
~'\tlantie .:'.yenue right of -,v&:y.
(vi:i:i) For eorner 101'B ......vith }.tlaatfc A-.'e:auc side stteet frontage, the first sixty feet
(60') of the bmIdi-n.g, talt:en from the Atlantic }..Yeflue property line, or if 11.
12 ORD NO. 64-04
dedica:tion is re~ed, from. the re:n~ pfOpei"ty ooe after dedica:tion, saaR
com.p1;nJ.~idi Table 4. 4. 9 1.
(ix) Ih.tiJding frontil.ge and setbaeb EDr properties froating oa stteets other than
}~tlalltie ..:\venue saaR eOffiply v."'Îth Table 4.1.9 2.
West ":'Alafttie Finished grllde W-
.'\-¡eBHe ~ ReæMfling lea.gth ~ ReæMtMng lea.gth 17'ffiffi/
22' ffift:J[
50% æBo'ì: ~ 50~(v ællJ[ ~
3" te 18' ReæMnffig letißth ~ ReæMtMng leagth ~
(This space intentionallY left blank)
13 ORD NO. 64-04
FinisheEl g£ilEle te 25' 10' ffillJ(
Reffilliniflg leagth 17' æift/
22' ffi8:J(
OtHer Right a£ 50~;" ffillJ[ ~
WftYS' 25' ts 37' Reffilliniflg leagcli ~
50% ffillJ[ ~
37' to 48' Reffilliniflg leagcli ~
70%/90% ~
Finished gt"lIde ta 25' W-
~l QRd SW .!it!> ReffiMniflg leagth 17'min/
.""VeR1:IeS ~
70~/u ffill.[ ~
25' to 37' ReffiMniflg leagth ~
500/" ffillJ[ ~
37' tel&' ReffiMniflg leagth 4+4HHt
Nates ta TitÐles 4.4.9 1 aød 4.4.9 2!
(1 ) Lets sf rewrd. woith II ';r.;idth less thllft fif~ feet (50') shitR Be CJfeffipteEl freffi $e B1:Hlcling fraatage
reE :œreffieBts pfGvided II mffi:im1:lffi fi.e (5) ta ffillJaœ.æR tea faat (10') S~tBllc~ Be pra",~àeEl.f~f the
partisR ef the l:nti,¡diflg froffi finished grade to FURty fY.-e feet (25') 1ft he~t aREl II ffitf}iffiUffi
se. eRteeR feet (1 "') setÐllck is prÐ70ided lIeove II hefgftt af p.,. eR~ Wi e feet (25').
(2) The lI)3plieaBle àeyele)3ffiffit regWlltioRs for IIrcades. .\readcs shllR hll.-e II æfntæl:!ffi MElt.fi ef p.,·:el'".'e
feet (12'), im:lttsi. e of wkImns or pilllsærs 1:lfl to II ffia.aœ.1:tffl ..l'idth af.... e feet (~').
(3) IhHlàiflg froatllge reE¡-aireffieRts f-or pllrkffig gllfttges ffill J Be iftHellseEl te II ffill.aœt:MR sf 100% .fof itR
floors B J the Site PIIIR Revoiew IIftd ~\ppellrIlRee BOllrd ar the I HstaHe Preseft IltiaR BallfEl s$¡eet ts
Œffi)3HIIRee ':.1.$ SectioR 4.é.1&(B)(14)(.I'i)4), Pllrkiflg Cllfttges. .
( 4) The etlildiflg setfJllek fer pefMeRs of parking garllges abo':e ~'eaty W:e feet (25') ffiity be .....fti'i ~El BY
the Site Plaa Re7oie''''' lIad .\fIflellrliafe Beard er $e HistsHe PreseFVRt:ÎeR BeRrEl s$jeet te ŒffipliRRee
..1.tk SectioR 1.6.18(B)(14)(vi) 1), Pllrking Cllfllg'eS, IIfld II HJ::iniffittffi. fi. e (5) ta ffill.!iffil:tffl teR feat (10')
setBllek far the parMeR sf 1he lnHliliag fwæ f1flisfled grllde to Fl:eftt)' W:e feet (25') ift height. .
(5) Fer sites .litk ffiwtiple baildings, the bailding iæffieæatel J liB ttttffi.g the f6I1El..1i f( s1 SflllR Eaffipry -¡.lith
the Bt:tilài-ag frefttllge afid setÐIIEks in Table 1.1.9 111ad 1.4.92.
(6) B1:Hlài-ag gaers shllR Be se1'Ðllek ift inereffieats of tv,;1::k'e feet (12') to HeRte II verticlII stepped Bilek
IIppellrllaee. Crime Pre :eRMeR Thrattgfl Ew:Íf:eftffiefttlll DesigB
(7) B1:Hldiflg lIad site desigB shllR mŒ1: 3ante
(CPTED) staRdarEls ta $e gt"elitest exteRt possible.
14 ORD NO. 64-04
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Figure ~.~.9 ~ BHilEliøg FraRtages &BEl Sethaehs far West :'£1laøtie Þ_velftte
15 ORD NO. 64-04
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FigHfe 1.1.9 S BHildiftg Frafttllt;es Ilftå SetÐaehs faf N'X' /S-W.' Sol> .A.....eftHeS
16 ORD NO. 64-04
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Figure 1.1.9 íi BuilBiRg Fr8Rtll~es aRB SetBllehs far Other R91lttWityS
17 ORD NO. 64-04
(d) Side Street ßuildiag Froatage aad Sethaehs
(i) Side 3tteet 3etÐaeb shaH be tallea from the property ooe, or if a dedieatioa is
required, from the reswtiflg property line after dedieatioa.
(ii) Side 3treet l:H±ilditlg froatage Itfld setbadŒ shaH cOffil"ly "\v~th thc
appl1ea-ble roadway requ:iremeats in Tables 4. 4.9 1 aad 4. 4 .9 2.
(m) For eorner lot:. ffoaMg on ..\dantie ..:\-.-etIDe, N~' 5à- }.:venue, or SW 54
Avenue, the same devclopæeat standardß that apply oa .:\~thatie .Avenue,
NW---!;à- .:\-.-eaue, or SW 5à- ..\yenue 3luH apply to the first sixty f-eet (60'),
taken from the .:\tlaatie ..\venue, N~' 5à- ..:\yenue, or Svç' 5à- ..'\,-enue proþerty
1in.e, or if a dedieatioa is requ:ired, from the resulti-ng propertr ooe after
dediea tioa.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT.
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Figure 1.1.9 7 Camer lats v..'Ïth f.t.J.8Råe .A",<,eftÐe ar NW /SW 5'" f"veRue FraRtllge
(e) Rear Setbaeks fOf aR buiJ.~ floorß shaH be a miftim.um of ten feet (10') from the
property 1in.e.
(f) Stmetures ..\Ilowed Witltia Setbaelr
(i) ßaleoaies æa-y eneroacft a ma¡åmum. of ['OUi" feet (4') into the setbacks.
18 ORD NO. 64-04
(ii) Loggias aad Trellises above the ground floor mar encroach into the
setbacb pl'CR'ided they do not exeeed the required setback of the portiofl of
the floor di:rectlr below it.
(i:i:i) Roof Eayes mlt)' encroaeh into the setback a ma~ of foUf feet (4 ').
~ ROOF EAVES MAX. 4 FT.
BALCONIES 4 FT. MAX.
PROPERTY LINE
""
FigHre 1.1.9 g EBereaehæeBtt>
(';2) North Federal Highway Area: The following development standard shall apply to
parcels which have frontage on North Federal Highway or the North Federal Highway
one-way pairs (N.E. 5th Avenue and N.E. 6th Avenue) between N.E. 4th Street and the
north City limits.
(a) Parcels shall have a minimum front building setback of five feet (5') measured
from the ultimate right-of-way line. The maximum setback shall be fifteen feet
(15'), unless it can be demonstrated to the Site Plan Review and Appearance Board
that it is not feasible to comply with this standard.
(G) Supplemental District Regulations: In addition to the supplemental district regulations
set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District.
(1) West }·~tlaatie .:'~veat:1e Overlay Distriet S'1:If'Plemeatal Distriet RegulatioBs: The
follo,vmg supplemental district regulatiofl3 apply in. the 'X' est ~\~tlantic ..:\~veflue Overla:y District as
defined in. Section 4.5.6(ß):
19 ORD NO. 64-04
(a) The foHO\vffig principal and cOfulitionM uses Me profti.hited in thc overlay district:
(i) Rctail or Wholesale FireMm or .."~ffiffiUnition SMes;
(i:i) Retail or WftolesMe ..\utoffiotŸ.-e Parts Sftles;
(Hi) La-'ò\;'fl CMe Equipment Sales;
(iv) Contractor's Offices;
(v) }~bused Spouse Residenees;
(vi) Shooting Ranges;
( -.-if) ¡\dult Enterta1nment Esublishmeats;
(,..Hi) Service Stations.
(b) .:\H periftÏtted mes with oo7e through facffi.ties shaH require EOnditional use
appro-.-al.
(e) .:\~Y buildings fronting on West }~tlantie }~veflue, N.vç'. 5~ ..\venue, or S.vç'. 5th
..'\~ venue mmt conta-in nomesidential mes on the ~ound floor facing the street.
D'J;yelling units Me permitted 'í\--ithin the same structufe as commercial Hses -with no
resttfction on thc percentage of each mc aYo'\ved. In the eyent that residential and
non re:3Ïdeatial uses Me located in the same structure, residential uses and non
residential Hses must be pfl.-ysicaRT sepMated and ha'.'e sepa-rate accesswa-ys.
(d) Commercial stmcffifes are limited to a maJåtRum depth of 150 feet from the
ultimate right of way of }...tlaatic .:heaue, unless the parcel has frontage oa N.W.
5th ..\ -,'eflue or S.vç'. 5th ;\ veaue. ..\ccessory uses :meh as pMIÙflg Meas,
landscaping, and drainage retention areas may extend Beyond the 150 fDot Jitnit.
Establishment or expansioa of structures bej'ond the 150 foot litnit ma-y be
aHowed as a conditional use, subjeet to the required fmdiftgs of Section 2. 4 .5 (E) (5).
(e) Six (6) parlcing spaces per 1,000 sq-uare feet of gross floor area Me required for
restarnants and one (1) parlcing space per 300 square feet of ~oss floor Mea is
required for aY other non residential uses, except hotels and motels. Parlr:in:g
spaces fDr residential uscs are req-uired at the rates established in Sectfea
4.6.9(C)(2).
(f) The parlcing requiremeat for hotels and ffioteh is established at O. 7 of a spRce for
each guest room pffis Olle (1) space per 300 sq. ft. of floor area devoted to
ballrooms, meeting rooms, and shops Rnd six (6) spaces per 1,000 sq. ft. of floor
area de-mted to restarnants and lounges within the hotel or motel.
20 ORD NO. 64-04
(g) If it is impossible or inltppropria1:e to provide required parlúng on site or off site,
the ifllicu fcc option provided in Seetion 1.6.9(E)(3) may be appl:ied.
(h) There is no resmetion on repair !M1d/ Of recoflstruction of non eonformffig siflgle
famiJy l'esidenceslocated a 1nÌfii:1:Huffi of 150 feet from ..\tlantie }~venue.
(i) Padång areas and aeeessì'''-&yS 1:0 parlùng lots must Be located 1:0 the rear of
commercial structures that hltve frontage on }~tlantie ..:\:venue. 'X'here loeating
parlúng to thc rear of the structure is impossible or iflappropflate, the Site P1fl.n
Revie-Ji.- and ~\ppeltraflce Board maT Itpprove an Itlterna1:e loeation.
G) Free standffig or mÐœd use residential development up to rn,-ehe (12) units per
acre is a permitted use. Dcnsity mitT exeeed tv,,-clve (12) units per aei'e, up 1'0 a
malUtnum of thi:rty (30) units per aere, as a coflclftional use. Demit)" may exeeed 12
units per acre only after the apprO\-iflg body makes a fmdffig that the projeet has
substantially complied -,,-ith the perf-ormance stand!l1'ds listed belo-",,-, the vç' est
Atlantic ..\veflue Redc-elopment Plan, required findffigs of Section 2.4.5(E), ami
applicable stand!l1'd3 of the Comprehensiyc Plan and Land De-.'elopment
Regulations. N otwithstandiflg these proT.risions, the approviflg bodT may denT aB.
appl-ication for increased defl3ity where it is determined that the proposed projeet
is not compatible in terms of butldfng mass and intensity of use y;ith suri'OUflding
dc.relopment. It is admO"\\-ledged that it mlty not be possible for projects wftich
in-.-oke the modifieation of existing structurcs to comply ',J,ith mafty of the
standards. For those types of projects, the ultimate density should be based upon
eompliancc with those standards which cltn be reasonaMy attained, a3 ,\-dl as the
project's ability to further the goal of rcy-itafuiflg the Redevelopment ..\rea.
Thc follo""~g performance standR1:ds shall apply to all appMcations for new
development and moElification of existing de'nlopment3 whieh -.vould result in a
density greater than tinlve (12) œ;;elHng units per aere:
(1) Thc development offers variation in desÏgfl to add interest to the ele-;atiofls
and reMef f1'Om the butldffig ma3S. Butlding elevations incorporate ßeveral of
the following elements: di-;ersit)" in w..ndow and door ßhapes and loeations;
featurcs such aß baleonies, arehes, p01'ehes; and dcsign dements ßuch as
shutters, window muJ!ions, quoins, decot"atÏ"'.-e tHes, or sim:ilar disttngufshit1g
featurcs.
(2) If the butld:i:ng iflduòes a parking gange as an aßßociated strueture or v.-ithin
thc prineipal hl:1:iJ.c1ing, the garage ele-.ration pro-.-ides unified design elements
-,,-ith the main butlc1ing through the use of sim:ilar butlding materials and
color, -.rcrtical and horizontal elements, and arcftitectural srtle. Development
21 ORD NO. 64-04
of !l portion of the gfound £1061' perimeter !ldjat:eftt to street rights of W!lT is
dc-Toted to \,~dow displlt~is or floor !lr€!l for !leti7e uses :meh !lS retail stores,
pasoft!ll !lftd Business ser\'it:e est!lbHSflmefitS, efttert!linment, offiees, ete., is
cneour!lged.
(3) }~ number of diffaeflt umt types, sizes !lfld floor pl!lns !lre !l~.'!lilable ~.,ithin
the deyelopment. Two !lnd three bedroom units !lre ene6ur!lged, !lS are !l
wmbinatt6fl of multi level units !lnd £1!lts. In projeets e:onsistff1g of more
th!ln nveh-e (12) cY.nlliflg unitß, the proportioa of effieiefley or studio type
units m!lY aot exeeed 25% of the totRl units. There is no m!lJcimum
pereent!lge est!lblished for projeets hlt"\,tng twe!ye (12) or fewer units,
ho,>¡'ever, !l mÐI: of unit types and sizes is eneounged.
(1) The projeet desigfl slull ere ate an ove-ra:ll unified arehiteetur9:l ehaneter !lnd
Ïffi!lge by the use of e:omm.on elements ber..'eea the buiddifl..g(s), p!lrlcing lot,
and landse!lping. Exltmples of some f-e!ltures that could bc tne6rporated to
meet this stzmd!lrd !lre: freest!lnding Hgftt poles aad exterior light ftxmres th!lt
!lre deeor!ltive !lnd e6flsisteat 'i¥Ìtfl the !lrcmtecRJnl treatiRent of the
bui-lding(s); pedestriaa affienities sueh !lS henehes, sluded wa:Yn\'ltp, !lnd
dceontÏv"e plt-....effient tfe!lfffieat, that are sÏ1nihr in foffi'is, eolors, matemls, or
detltils !lS the arcmtectu:re of the bui-lding(s); [oeM poÏflts sueh !lS publie !lrt,
·.v!ltcr fe!ltuf'e/ fountaia, eourtpl:rd or publie pl!lz!ls clesigfled to e6flfieet
different uses dOflg !l e:ontfnuous pedestri!la wRllf'v",lty; or !l e6mbin!ltfon of
simi:lar fe!ltures th!lt meet the tnteat of this st!lnd!lrd.
(5) The developmefit prOT....ides eOffimon Itre!lS !lnd/6r MRen±ci.es for residel1ts
sueh !lS ßw±tnm:iflg 1'0013, exercisc roomß, stor!lge roOffiS or loekers, e(}'¡'ered
p!lrlcing, g!lrdel1S, eourtY!lrds, or sim:i:l!lr are!lS !ll1d/ or !lmenities.
(6) The development promotes pedestrian ffio'\'effiel1ts by pro'....1.ding eGftyemea.t
!lceeßs from. the resideati!ll unitß to the puhlie side,,'!lllr system. Pedes tfl!ll1
!lrC!lS !ldj!lcefit to the building !lre eflh!lnced by providi:ng !ldditionRl side,,'\.'Rlk
!lre!l !It the ßame lc'e! !lS the !lbuttffig publie sidnnlk. .:".eeessv.'9:)"s to parlång
!lre!lS !lre desigfled tn !l ffi!lnner that minÏ1nizes conflietß bet\'æen 7ehides !ll1d
pedestri!ln3. The public street or streets immediately adjacent to the
dc...-elopmeat Me cnh!lneed in !l m!ll1aer that is consi5tel1t with the streetse!lpe
on 'X' eßt ..:\ttimtte }~ yenue.
(7) The developmel1t proddes oppormmties to sh!lre p!lrlring, !leeesswztys,
Òfý.-nvltys, ete., with ftdjof.ni.ng properties, or proyides !lclditionRl p!lrlång
spaces that mlty be used by the pub1ic.
22 ORD NO. 64-04
(8) For buildings froating OR vç'est .Adantic AveRue, NW 5~ }~YeRUe, 81' SW 5~
¡\venue, at lea;,t fifty percent (50%) of the ;'Ufface area of die front street
\\'a11(s) at the gmund floor of each such buildi-ng i;, dc.:oted to Œ.spla-y
v,rindows and to entrances to coffiffiercial uses from. outside the buildi-ng.
(9) The landseape plaa for the àevclopæeflt preserves aad incorporates eJusfÍflg
native YegetfttioR (-.-..here !l-\-ailable), pw,..ides Rn\.' laadscaping diat is in
excess of ff11.aimm'R t'ltftndiM"ds 1:fl height afld quaatity), demonstrates
inn07atŸ.-e use of plaat material, improve;, site desÎ:gfl., pro'fo'ides useable open
space or public plazas, and m.aximizes av&Ïlable areas f-or pedestrian
interaction. If necessary to achieve this staadard, die project may exceed die
maxÏ:æuæ setback area on the groufld floor.
(~.1) North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defIned in Section
4.5.7.
(a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are
allowed as conditional uses:
(1) Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops, electronics,
cabinet and furniture making.
(2) The wholesaling, storage and distribution of products and materials;
(3) Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
(1) Operate in conjunction with a permitted service or retail use that is located
on the premises;
(2) Maintain a commercial facade along North Federal Highway, with the light
industrial aspect of the business oriented toward Dixie Highway;
(3) Operate within an enclosed building, with no outside storage;
(4) Orient overhead doors away from adjacent rights-of-way, except where
existing, or where the approving body determines that it is not feasible to
comply; and,
23 ORD NO. 64-04
(5) Along the property line adjacent to Dixie Highway, provide a landscape
buffer consisting of a 4' high hedge, and trees planted 25 feet on center to
form a solid tree line.
(c) In addition to subsection (b) above, any self service storage facility shall comply
with the following. The following regulations supersede Section 4.3.3(A).
(1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3
acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to individual self-storage units that face a street
is prohibited. The exterior loading access points shall be designed in
such a way to minimize sight lines from adjacent roads.
(b) No building shall exceed forty-eight feet (48') in height.
(c) Parking shall be provided at the rates set forth in Section 4.6.9 for the
permitted service, office and retail uses and for self-storage uses, parking
shall be at a rate of one (1) parking space per 100 storage units or
portion thereof, including: (a) a minimum of three (3) loading spaces for
the self-service storage facility that must be striped and signed to limit
the time for loading and unloading to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of accessory
office use associated with the self-storage use. Notwithstanding the
above, a minimum of five (5) parking spaces other than loading spaces
shall be provided in connection with the self-storage use.
(d) At least 2,500 square feet of ground floor area shall be devoted to at
least one additional principal retail or service use without limiting the
foregoing. The additional principal uses may be eating and drinking
establishments, retail or personal service.
(3) Limitation of Uses:
(a) Activities not related to the rental or lease of self-storage units shall not
be conducted within the self service storage facility area, unless
specifically permitted through the conditional use process.
(b) Except as otherwise provided in subsection (c), no business or activity
other than self storage shall be conducted from any self-storage unit in
24 ORD NO. 64-04
the facility. Examples of prohibited uses include, but are not limited to
the following: the servicing, repair and/or restoration of automobiles,
boats, recreational vehicles, lawnmowers and the like; moving and self-
storage comparues; cabinet making and wood working (whether
personal or professional); personal hobbies and arts and crafts; and any
other activi.ty unless specifically permitted through the conditional use
process.
(c) Except as otherwise provided in this subsection (c), there shall be no
electrical power provided to, or accessible from any individual self-
storage units. This includes the provision of lighting fIxtures to the
interior of a self-storage unit, unless specifically addressed in the
conditional use approval. The use of portable generators is also
prohibited.
(d) The use or storage of any hazardous materials is prohibited.
(e) the terms and conditions of this section shall be clearly expressed in all
self-storage rental or leasing contracts, as well as conspicuously displayed
in plain view on a sign no smaller than one foot (1 ') by two feet (2') in
the leasing office at the facility.
(4) On-Site Manager: An on-site manager shall be employed at the facility
during all hours of operation.
(5) Hours of Operation: Customers of the self service storage facility may not
access individual self-storage units before 5:00 a.m. or any later than 9:00
p.m. Hours of operation may be further restricted when it is deemed that
morning and evening traffic into and out of the facility may negatively impact
the character of an adjacent residential area. In no circumstance shall
customers of any self service storage facility have 24 hour access to their self-
storage unites).
(6) Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual zone
district, a minimum ten foot (10') landscape buffer shall be required adjacent
to Federal Highway and Dixie Highway and a minimum five foot (5')
landscape buffer shall be required along all property lines that do not abut a
roadway.
(7) Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of
boats and vehicles and truck rental is prohibited.
25 ORD NO. 64-04
----~~- -.
(8) Architecture: All self service storage facility buildings must comply with the
following architectural standards.
(a) Building facades visible from the public right-of-way shall have the
appearance of a service and/or retail building through the use of doors,
windows, awnings, and other appropriate building elements.
(b) Exterior building material shall be stucco or a similar material.
(c) Buildings that can accommodate two or more stories shall be designed
where facing a street to have the appearance of a multi-story building
through the use of "\vindows, doors, awnings, canopies or other
appropriate building elements.
(d) Building facades facing a public right-of-way must have a 15% minimum
transparency consisting of windows that provide visibility from the
public right-of-way from the interior.
(e) Detailed building elevations shall be submitted prior to the Conditional
Use public hearing.
(9) Location: A self service storage facility shall not be located within a radius
of 1,000 feet of another existing self service storage facility.
H) Special Regulations:
(1) The ftrst ten feet of the front yard setback which is adjacent to a right-of-way shall be
a landscaped area, except ....-ithin the V{'est }~tlantie ..:\venue Overla-j" Distt:iet !is defIned in Seet10n
1.5.6(ß) and within the North Federal Highway Area as defined in 4.4.9(F)-EJ7ill, which is subject to
the special landscape setbacks of Section 4.3.4(H) (b). Within the required front landscape area, no
paving shall be allowed except for driveways and walkways which shall be generally perpendicular to
the property line. [173.474(E)].
(2) In stmetu1'es loeated in the West ..:\dantic ~\ve1lue Overlay Distt:fet as deEmed Ìfl
Seetion 1.5.6(ß) that Ra-ye an entt:anee from and/ or wi-adm~;s faeing }~dant1c ..:\veaue, the sale of
secoad Rand mate-flal, crccpt ycrifiable antiques and/ or eolJecåbles ( eoi-as, stamps, sports
memorabilia, etc.) is prohibited.
(3) In stmetu1'es loeated in the \1Ç'est .:\dantie ':\7enue Overla-y Distt:fct as deáned in
Seetion 1.5.6(ß) that Ra"\'e an enttanee from and/ or v;,":.1ldo-.v3 facing ¡\dant1c ":\-v-enue, the pidciflg up
26 ORD NO. 64-04
or droppiflg off, or otfler.vf3e ttan3portÏflg of worker3, ftßßit'fled tluough an employmeflt ageacy
from an aßßembly point to tfle "\'I.'orl( 3Ìfe iß prohibited.
(42) Any outdoor display of sporting goods and equipment for rent is subject to the
restrictions set forth in Section 4.6.6(C)(3).
(~1). Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and
S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and
between N.E. 4th Street and N.E. 7th Street, and shall be limited to no more than one of each
business every three hundred feet (300'), measured in a straight line from lot line to lot line.
(61) 24-Hour or late night businesses as defined herein must be processed as a conditional
use and are subject to the provisions of Section 4.3.3(V"\).
SECTION 5. That Section 4.4.13, "Central Business (CBD) District," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is established in
order to preserve and protect the cultural and historic aspects of downtown Delray Beach and
simultaneously provide for the stimulation and enhancement of the vitality and economic growth of
this special area. Establishment of the CBD District is consistent with and implements, in part,
Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally
applied to territory depicted in the Commercial Core designation on the Future Land Use Map.
The areas described below and shown in Figures 4.4.13-1~ ftftè 4.4.13-2 and 4.4.13-3 provide for
development that is consistent with the adopted Downtown Delray Beach Master Plan.
Central Core: The regulations are intended to result in development that preserves the downtown's
historic moderate scale, while promoting a balanced mi.x of uses that will help the area evolve into a
traditional, self-sufficient downtown. Residential development is permitted at higher densities in
this area than any other part of the city, in order to foster compact, pedestrian oriented growth that
will support downtown businesses.
27 ORD NO. 64-04
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- CENTRAL CORE
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f; 1'! ;.~, -,'''". :'~." :-, I cae {CEI'-.'TAAL BUSINESS DI5TFIICT} AND CBO·RC
;, "'''''.::~ ,Sc 1';'.:','; .'i, '"h.''''' {CENTRAL BUSINESS OISTRICT~RAIl CORRIDOR) ZONED DISTRICTS
"" :.;.'.;::,;'.. fJ-G.E u..,Þ ''--."<.":"Á
Figure 4.4.13-1- Central Core
28 ORD NO. 64-04
Beach Area: The goal for this area is to "preserve and enhance the character of these areas, the
public condition of the beach, the vitality of its center, and the natural environment." The Master
Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the
street and parking in the rear. Where existing buildings are separated from the pedestrian ways by
wide landscaped areas, the addition of arcades and new building square footage to bring the
storefronts closer to the street is encouraged.
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Figure 4.4.13-2 - Beach Area
29 ORD NO, 64-04
West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is
consistent with the adopted WIest Adantic Avenue Redevelopment Plan and the Downtown Delray
Beach Master Plan. The emphasis IS on the preservation and enhancement of existing
neighborhoods. while promoting a pedestrian friendly commercial area along Adantic Avenue that
contains a mix of residential. commercial and civic functions. Businesses that are oriented toward
serving the local neighborhood. as opposed to a regional area. are encouraged.
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Figure 4.4.13-3 - West Atlantic Neighborhood
30 ORD NO. 64·04
(B) Principal Uses and Structures Permitted: The following types of use are allowed within the
CBD District as a permitted use:
(1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, "\vine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnishings, lee cream, lawn care
equipment, leather goods, luggage, medical and surgical equipment, music and
musical instruments, nautical supplies, office furniture equipment and supplies,
pets and pet supplies, photographic equipment and supplies, sewing supplies,
sporting goods, toys, wearing apparel and accessories, appliances, bicycles,
business machines, jewelry.
(2) Business and professional uses including, but not limited to:
* Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Services and facilities including, but not limited to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer pickup only, dry cleaning and laundry pickup
stations, laundromats limited to self-service facilities, pet grooming, restaurants
excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and karate-judo, small item repair, and rental
of sporting goods and equipment (such as but not limited to bicycles, skates,
boogie boards).
* Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
gyms and clubs, museums, libraries, newsstands, commercial or public parking
lots and parking garages.
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty
(30) units per acre except for the West Atlantic Neighborhood or Beach District. poråofi of the
CBD located ea3t of the Inttawa3tal Watc!\vay, where the maximum density is twelve (12) dwelling
Ullits per acre.
31 ORD NO. 64-04
(5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Adantic Neighborhood.
(C) Accessory Uses and Structures Permitted: The follmving uses are allowed when a part of,
or accessory to, the principal use:
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods occurs
or in a separate structure on the same parcel provided that such storage facilities are not shared or
leased independent of the primary commercial use of the site.
(5) A single family residence, either separate or 'within a structure housing a nonresidential
use, provided that the residence is occupied by the owner, proprietor, or employee of a business
enterprise conducted on the property.
(6) Recreational facilities attendant to a multi-family residential development, such as
tennis courts, swimming pools, exercise areas, and meeting rooms.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the CBD District:
(1) Adult congregate living facilities.
(2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in
Section 4.3.3(D).
(3) Amusement game facilities limited to such uses as pinball, air hockey, electronic
games, and other similar coin operated games when an attendant is on duty.
(4) Child care and adult day care.
(5) Clubs and lodges; social, fraternal, and recreational.
(6) Financial institutions, e.g., banks and similar institutions including drive through
facilities.
(7) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
32 ORD NO. 64-04
(8) Gasoline stations or the dispensing of gasoline direcdy into vehicles, except that such
use shall not be allowed CR3t of the IaffaeDRßtal 'J(lRter\.V!l)- in the West Adantic Neighborhood. the
Beach District, nor on lots which front along Adantic Avenue or N.£. 2nd Avenue (a/k/a Pineapple
Grove \Vay), beginning at a point 105' south ofN.E. 4th Street.
(9) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(10) Veterinary clinics.
(11) Movie theaters, excluding drive-ins.
(12) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(13) Flea markets, bazaars, merchandise marts, and similar retail uses.
(14) Wash establishment, with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal \Vaterway or on lots which front along
Adantic Avenue. Further, this use must be established on property with a minimum lot area of
20,000 sq. ft.
(15) l'vlulti-family dwelling units, excluding duplexes, at a density greater than thirty (30)
units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to
the standards and limitations of Section 4.4.13(I).
(16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(1).
(17) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their
required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
(18) Drive-in or drive-through restaurants on property located within the West Adantic
Neighborhood.
(19) Hotels. motels. bed and breakfast inns. and residential-type inns on property located
within the West Adantic Neighborhood.
(20) Free standing or mixed-use residential development at a density g,reater than twelve
(12) units per acre. on property located "\vithin the West Atlantic Neighborhood. subject to the
standards and limitations of Section 4.4.13(1).
33 ORD NO. 64-04
(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 an occupational license.
(2) F or any new development, approval must be granted by the Site Plan Review and
Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in
addition to the standard application items of 2.4.3(A), a site and development plan (including
landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable
performance standards are being met. Final approval of the detailed site plan is by the Site Plan
Review and Appearance Board.
(5) The process for modification of a conditional use and site plan approved pursuant to
Section 4.4.13 (I) is as follows:
(a) Modifications to any aspect of the plan that was a basis for determining
compliance with the applicable performance standards shall be processed as a
modification to the conditional use approvaL
(b) Modifications to the plan that do not affect the application of the performance
standards may be processed as a site plan modification.
(6) All development applications which are processed through either the Planning and Zoning
Board or SPRA.B shall be referred to the Downtown Development Authority and the Community
Redevelopment Agency prior to action by the approving body.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall apply,
except as modified below. In case of conflict "vith other applicable development regulations,
this Section shall apply:
(1) Height: The CBD is a geographic area in which exceptions to height regulations are
allowed pursuant to Section 4.3.40}
(a) Overall Height of buildings shall be a minimum of twenty-five feet (25') and a
maximum of forty-eight feet (48') in height. Exceptions to the height limitations
shall comply with Section 4.3.40)(3) and (4).
34 ORD NO. 64-04
(b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade
floor to fInished arcade ceiling.
(c) Floor Height shall be a minimum of ten feet (10') for ground floors and a
minimum height of nine feet (9') for all other floors. All heights shall be measured
from fInished floor to fInished ceiling. Auxiliary and service rooms, such as,
garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms,
mechanical, electrical, and plumbing equipment rooms are exempted from the
floor height regulations.
NOTE: HEIGHT
REGULATIONS
DO NOT 25 FT. MIN.
APPLY TO 48FT. BUILDING
AUXILIARY HEIGHT
AND SERVICE T
ROOMS !
'"
9 FT. MIN.
'"'
10 FT.
MIN.
"-
Figure 4.4.13..J1- Building Height Requirements
(2) Open Space: A minimum of 10% non-vehicular open space shall be provi.ded;
however, within the area encompassed by the boundaries of the original Downtown
Development Authority as described in Section 8.2.2(B), and within those sections of the
CBD zoning district located within the Pineapple Grove Main Street area and east of the
Intracoastal \X7aterway, there shall be no 1ll11l1!Ilum open space requirement.
Notwithstanding the provisions of this section, the body acting upon a development
application within the CBD may require that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to add interest and
provide relief from the building mass.
(3) Building Frontage and Front Setbacks:
(a) The building frontage for an interior lot is the portion of the lot abutting the
primary street minus the required side setbacks.
(b) The building frontage for the primary street side of a corner lot is the portion of
the lot abutting the primary street minus the required side setbacks.
35 ORD NO. 64-04
(c) The building frontage for the secondary street side of a comer lot is the portion of
the lot abutting the secondary street minus the required front and rear setbacks.
~ ~
ó ó
ci ci
R.ow. R.OW. R.OW.
Figure 4.4.13-4.5. - Building Frontage
(d) Building frontage is expressed in percentages and may vary from floor to floor.
(e) Frontage and setbacks shall be taken from the property line, or if a dedication is
required, from the resulting property line after dedication.
(f) Building frontage and setbacks for properties fronting on Adantic Avenue or A-l-
A shall comply with Table 4.4.13-1.
(g) The front setback area for buildings fronting on Adantic Avenue shall be paved
with paving materials to match the existing sidewalks within the Adantic Avenue
right -of-way.
(h) For comer lots with Adantic Avenue side street frontage, the first sixty feet (60') of
the building, taken from the Adantic Avenue property line, or if a dedication is
required, from the resulting property line after dedication shall comply with Table
4.4.13-1.
(i) Building frontage and setbacks for properties fronting on streets other than
Adantic Avenue or A-1-A shall comply with Table 4.4.13-2.
36 ORD NO. 64-04
Finished grade
to 37' Remaining length 24'min Remaining length
50% max 12' 50% max 17' min
37' to 48' Remaining length 24'min Remaining length 29'min
70%/90% 5' min or 10'
Finished grade max
to 25' Remaining length 17' min or
22' max
Central Core N/A 70% max 17' min
(CC)~ 25' to 37' Remaining length 29' min
50% max 29' min
37' to 48' Remaining 41' min
len th
48' and above 100% max 41' min
(This space intentionallY left blank)
37 ORD NO. 64-04
70%/90% 5' min/
Finished grade to 25' 10'ma..x
Remaining length 17' min/
22' max
Other Right-of- 50% max 17' min
waystlt 25' to ~8'
Remaining length 29'min
39% mM[ ~
3/' t8 12'
RemtHniag leagt;R ~
48' and above 100% 41' min
70%/90% 5'min/
Finished grade to 25' 10' max
Pineapple Grove Remaining length 17' min/
WayL4l 22' max
70% max 17' min
25' to 37' Remaining length 29'min
50% max 29'min
37' to 48'
Remaining length 41' min
48' and above 100% 41'min
70%/80% (3) 15' min(3)
Finished grade to 25' 70%/90% (4) to'min(4)
Remaining length 27' min(3)
22' min(4)
NE and SE 5th 70% max f.11-f1t 15' min(3)
and NE and SE 25' to 37' 10' min(4)
6tb Avenues~ Remaining length 27' .
, mm
50% max 34' min
37' and above
Remaining length 39'min
70%/90% 5'minl
Finished grade to 25' 10'max
NW and SW 5tb Remaining-Ieng:th 17'minl
Avenues(4) 22'max
70% ma..x 17'min
25' to 37' Remaining-length 29'min
50% ma..x 29' min
37' to 48' Remaining-length 41'min
38 ORD NO. 64-04
Notes to Tables 4.4.13-1 and 4.4.13-2:
(1) Lots of record with a width less than fifty feet (50') shall be exempted from the building frontage
requirements provided a minimum five (5) to maximum ten foot (10') setback be provided for the
portion of the building from finished grade to twenty--five feet (25') in height and a minimum
seventeen foot (17') setback is provided above a height of twenty-five feet (25').
(2) The applicable development regulations for arcades. Arcades shall have a minimum width of twelve
feet (12'), inclusive of columns or pilasters up to a maximum width of two feet (2').
(3) Residential occupancy on the ground floor and primary entrances shall be oriented towards NE and
SE 5th or NE and SE 6th Avenues.
(4) 1Iixed-use/Non-residential occupancy on the ground floor.
(5) The same development standards that apply to the front property line shall apply to the first sixty feet
(60') of the building facing the side street property line.
(6) Building frontage requirements for parking garages may be increased to a maximum 100% for all
floors by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to
compliance 'with Section 4.6.18(B)(14)(vi)4), Parking Garages.
r) The building setback requirements for portions of parking garages above twenty-five feet (25') may be
waived by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to
compliance with Section 4.6.18(B)(14)(vi)4), Parking Garages, and a minimum five (5) to maximum
ten foot (10') setback for the portion of the building from finished grade to twenty-five feet (25') in
height.
(8) For sites with multiple buildings, the building immediately abutting the roadway(s) shall comply with
the building frontage and setbacks in Table 4.4.13-1 and 4.4.13-2.
(9) Building floors shall be setback in increments of twelve feet (12') to create a vertical stepped back
appearance.
(10) Building and site design shall incorporate Crime Prevention Through Environmental Design
(CP1ED) standards to the greatest extent possible.
(This space intentionallY lift blank)
39 ORD NO. 64-04
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41 ORD NO. 64-04
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42 ORD NO. 64-04
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43 ORD NO. 64-04
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44 ORD NO. 64-04
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45 ORD NO. 64-04
(4) Side interior setbacks for all buildings shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available to the rear
of any structure, or
(b) Ten feet (10') from the property line where no vehicular access is available to the
rear of any structure. For a side interior lot, a ten foot (10') setback is required
only on one (1) side.
(5) Side Street Building Frontage and Setbacks
(a) Side street setbacks shall be taken from the property line, or if a dedication is
required, from the resulting property line after dedication.
(b) Side street building frontage and setbacks shall comply with the applicable roadway
requirements in Tables 4.4.13-1 and 4.4.13-2.
(c) For comer lots fronting on Adantic Avenue, Pineapple Grove Way, NE and SE 5th
Avenues, ffl NE and SE 6th Avenues, or NW and SW 5th Avenues. the same
development standards that apply on Adantic Avenue, Pineapple Grove Way, NE
and SE 5th Avenue, ftfttl NE and SE 6th Avenue. or NW and SW 5th Avenue. shall
apply to the first sixty (60) feet, taken from the Adantic Avenue, Pineapple Grove
Way, NE and SE 5th Avenue, ffl NE and SE 6th Avenue. or NW and SW 5th
A venue. property line, or if a dedication is required, from the resulting property
line after dedication.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT.
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Figure 4.4.13-1(}~ - Comer lots with Adantic Avenue, Pineapple Grove Way, NEjSE 5th Avenue, _ NEjSE 6th
Avenue. or NW /SW 5th Avenue Frontage
46 ORD NO. 64-04
(6) Rear setback for all building floors shall be a nurumum of ten feet (10') from the
property line.
(7) Structures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into the
setbacks provided they do not exceed the required building setback of the portion
of the floor direcdy below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet (4').
~ ROOF EAVES MAX. 4 FT.
OPEN TRELLISES AND
LOGGIAS 1': n. MAA.
BALCONIES 4 FT. MAX. ,.,
-r PROPERTY LINE
;:(
Figure 4.4.1341~ - Encroachments
(G) Supplemental District Regulations: In addition to the supplemental district regulations as
set forth in Article 4.6, except as modified below, the following shall also apply.
(1) Central Core and Beach Area Supplemental Regulations Psrlåø.g:
(a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
on the south, the parking requirements for all non-residential uses, except
47 ORD NO. 64-04
restaurants, shall be one space for each 300 square feet or fraction thereof. The
parking required for the creation of new floor area, shall also include the
replacement of any previously required parking which may be eliminated. Within
all other geographic areas of the Central Core and Beach Area within the CBD
Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified
within this Subsection (G)(l).
(b) When the parking requirements are applied to either new development, expansion
of an existing use or a change in use, which results in the requirement of only one
new parking space, a one space exemption shall be allowed. This exemption may
only occur once per property.
(c) If it is impossible or inappropriate to provide required parking on-site or off-site,
pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section
4.6.9(E)(3) may be applied.
(d) The parking requirement for restaurants is established at six (6) spaces per 1,000
square feet of floor area
(e) The parking requirements for residential units in multi-family structures and
mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1. 7 5 spaces/unit
· Guest parking shall be provided cumulatively as
follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may be provided
in front of garage units provided that such parking does not result in the space for
one unit impeding access to a space of the other unit.
Location of Guest Parking Spaces: Guest parking spaces must be accessible to
all visitors and guests and may be centralized or located near recreational features
within a development project.
48 ORD NO. 64-04
(2) West Atlantic Neighborhood Supplemental District Regulations: The following
supplemental district regulations apply in the \XTest Adantic Avenue Overlay District as
defined in Section 4.5.6(8):
(a) Commercial structures are limited to a maximum depth of 150 feet from the
ultimate right-of-way of Adantic Avenue. unless the parcel has frontage on N.W.
5th Avenue or S.\V 5th Avenue. Accessory uses such as parking areas.
landscaping. and drainage retention areas may extend beyond the 150 foot limit.
Establishment or expansion of structures beyond the 150 foot limit may be
allowed as a conditional use. subject to the required fIndings of Section 2.4.5(E)(5).
(b) There is no restriction on repair and/or reconstruction of non-conforming single
family residences located a minimum of 150 feet from Adantic Avenue.
(c) Six (6) parking spaces per 1.000 square feet of gross floor area are required for
restaurants and one (1) parking space per 300 square feet of gross floor area is
required for all other non-residential uses. except hotels and motels. Parking
spaces for residential uses are required at the rates established in Section
4.6.9(C)(2).
(d) The parking requirement for hotels and motels is established at 0.7 of a space for
each guest room plus one (1) space per 300 sq. ft. of floor area devoted to
ballrooms. meeting rooms. and shops and six (6) spaces per 1.000 sq. ft. of floor
area devoted to restaurants and lounges within the hotel or motel.
(e) If it is impossible or inappropriate to provide required parking on site or off-site.
the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied.
(f) Parking areas and accessways to parking lots must be located to the rear of
commercial structures that have frontage on Adantic Avenue. Where locating
parking to the rear of the structure is impossible or inappropriate. the Site Plan
Review and Appearance Board may approve an alternate location.
(H) Special Regulations:
(1) The sale of second hand material, other than verifiable antiques, llut6ffiotive þ!ttts,
firellrms, and la-wn cllre eqllij9ffient shall not be allowed within businesses nor on properties which
have an entry from and/or '\vindows along and/or frontage on £ftSf Adantic Avenue or N.E. 2nd
Avenue (a/k/a Pineapple Grove Way) between East Adantic Avenue and N.E. 4th Street.
49 ORD NO. 64-04
(2) The sale of automotive parts. f!rearms. and lawn care equipment. shall not be allowed
within the \Vest Atlantic Neighborhood nor within businesses or on properties which have an entry
from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a
Pineapple Grove \Vay) between East Atlantic Avenue and N.E. 4th Street.
(~1) The picking-up, dropping-off, or otherwise transporting workers, assigned through an
employment agency, from an assembly point in the CBD to the work site is prohibited, except
within the West Adantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Atlantic Avenue.
(4) Within the West Atlantic Neighborhood. all permitted uses with drive-through facilities
shall require conditional use approval.
(~~ Minimum floor area for multi-family residential dwelling units shall be as established for
the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
(42) Multi-family dwelling units may be located in structures that are comprised of residential
units only or in mixed-use buildings that contain a combination of residential and non-residential
uses. However, where residential uses are located in structures having frontage on Atlantic Avenue~
NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be
nonresidential uses fronting the Avenue on the ground floor.
(§.]j The rental of sporting goods and equipment shall be limited to no more than one business
renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line
from door to door, and any outdoor displays are subject to the restrictions set forth in Section
4.6.6(C)(3).
(6-ID 24-Hour or late night businesses as defIned herein must be processed as a conditional use
and are subject to the provisions of Section 4.3.3(VV).
(1) Perfonnance Standards These standards shall apply to all applications for new development
and modification of existing developments which would result in a density greater than thirty (30)
dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic
Neighborhood.
(1) The maximum permissible density of a particular project will be established through the
conditional use process, based upon the degree to which the development complies with the
performance standards of this section, the required fIndings of Section 2.4.5(E), and other applicable
standards of the comprehensive Plan and Land Development Regulations. Nonvithstanding the
above, the approving body may deny an application for increased density where it is determined that
50 ORD NO. 64-04
the proposed project is not compatible in terms of building mass and intensity of use with
surrounding development.
(2) The applicable performance standards for development exceeding twelve (12) units per
acre a within the West Adantic Neighborhood or thirty (30) units per acre within the Central Core
uflder tfl.13 3eetion are as follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters, window
mullions, quoins, decorative tiles, or similar distinguishing features.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and_architectural style. Development of a portion of the
ground floor perimeter adjacent to street rights of way is devoted to window
displays or floor area for active uses such as retail stores, personal and business
service establishments, entertainment, offices, etc., is encouraged.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and flats. In projects consisting of more than
twelve (12) dwelling units, the proportion of efficiency or studio type units may
not exceed 25% of the total units. There is no maximum percentage established
for projects having twelve (12) or fewer units, however, a mix of unit types and
sizes is encouraged.
(d) The project design shall create an overall unified architectural character and image
by the use of common elements between the building(s), parking lot, and
landscaping. Examples of some features that could be incorporated to meet this
standard are: freestanding light poles and exterior light ftxtures that are
decorative and consistent "vith the architectural treatment of the building(s);
pedestrian amenities such as benches, shaded walkways, and decorative pavement
treatment, that are similar in forms, colors, materials, or details as the architecture
of the building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a continuous
pedestrian walkway; or a combination of similar features that meet the intent of
this standard.
51 ORD NO. 64-04
--------
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or similar areas and/or amenities.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streets cape in the downtown
area (i.e., installation of landscape nodes, extension oCexisting paver block
system, installation of approved street lighting. etc.).
(g) The development provides opportunities to share parking, accessways, driveways,
etc., with adjoining properties, or provides additional parking spaces that may be
used by the public.
(h) Projects fronting on Adantic Avenue, NW /SW 5th Avenue. N.E. 1st Street, or
S.E. 1st Street contain nonresidential uses on the ground floor. At least ~
pcrœnt (50%) seventy-five percent (75%) of the surface area of the front street
walles) at the ground floor of each such building is devoted to display windows
and to entrances to commercial uses from outside the building.
(i) The landscape plan for the development preserves and incorporates existing native
vegetation (where available), provides new landscaping that is in excess of
minimum standards (in height and quantity), demonstrates innovative use of plant
material, improves site design, provides useable open space or public plazas, and
maximizes available areas for pedestrian interaction. If necessary to achieve this
standard, the project may exceed the maximum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which involve the modification
of existing structures to comply with many of the above referenced standards. F or those types of
projects, the ultimate density should be based upon compliance with those standards which can be
reasonably attained, as well as the project's ability to further the goal of revitalizing the central
business district (i.e., adaptive reuse of older structures and the provision of housing in close
proximity to employment opportunities and services).
.. .
52 ORD NO. 64-04
SECTION 6. That Section 4.4.24, "Old School Square Historic Arts (OS SHAD) District,"
Subsection 4.4.24(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the development standards of the
Commercial Core (CC) area of the CBD Zone District:
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following locations shall be subject to the development standards of the West
Adantic Neighborhood (WAN) area of the CBD GG Zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street
(Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the
Banker's Row Development Plan, whichever is more permissive.
.. .
SECTION 7. That Section 4.5.6, "The West Adantic Overlay District," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.5.6 The West Adantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan by Ordinance No. 82-89 on
November 28, 1989, the City identified the West Adantic Avenue Corridor as an area in need of
redevelopment and revitalization. In accordance with Future Land Use Element Policy C-2.4, a
redevelopment plan was prepared for the area and was adopted by the City Commission at its
meeting of July 11, 1995. This section is created to implement the provisions of the adopted West
Adantic Redevelopment Plan. All development within the West Adantic Overlay District, as
defIned in Section (B) below, shall take place according to the provisions of the adopted plan.
53 ORD NO. 64-04
(B) Defined: The West Adantic Avenue Overlay District is hereby established as the area bounded
by I-95 on the west, Swinton Avenue on the East, S.W. 1st Street on the south, and N.W. 1st Street
on the north, and extending one block north of N.\V 1st Street along N.W. 5th Avenue to include
Blocks 19 and 27, Town of Delray. The regulations established in Sections- 4.4.9(B)(4) and
1. 4.9(C)(1) 4.4.13(G)(2) shall apply to all ~BD zoned parcels 'within the Overlay District.
(C) West Atlantic Redevelopment Coalition (WARC):
(1) All applications for commercial or multiple family residential development. including signs.
within the \X'est Atlantic Avenue Overlay District will be forwarded to the West Adantic
Redevelopment Coalition (\"X7ARC) for comment.
(C) West ¿"~tlaBtie f~VeBl:1e Arehiteetufal Re-Jiew Committee (¿"..RC):
(1) ~\.fl ~\.rchitectural Rn"iev; Committee (.<\RC) i3 hereby e3tabH3hed to re~,iew all àc-,el6pmeflt
prop03alS located in the O",erla:¡ Distflct. The .:\RC acts in. afl adYi30ry eapacity to the Board(s)
tRlcing action Ofl a àeyelopment pr6posaJ.
(2) The ~\f€:hiteetural Review Committee will censißt of se',etl (7) memberß 3e!\":..ng èwo (2)
year terms. Three of the i:nirialmember3 wiR 3en"e ORe (1) reM termß in mder to 3tagger the term3
of committee membef3. .:\.RC mcmbet3 are nom:ifl.ated by" the Community Reàevelepmcnt .Agency
Board of COmm133iofle!3.
(a) Member3 of the .i\RC shall be re3iàefltß, property ewnerß, or BUßifle33 owners
within the area bOUflded by S:W. 10th St1:eet, I 95, S'\VÆtOfl }~Yenue and Lalœ Ida
~
(b) Member3hip of the eemmittee '.vifl be a3 follow3:
* T-<\.To land de-nlepment profe33iofla13 (ardritect, e:agineer, st1:fVe}'e1:', lafldseltpe
architect, eontraetor, etc.);
* Tv,,"o ownerß of Busifle3seß loeateà in the Weßt .:\dantie .:'~venue OvedaT
Di3tflet; afld
* Three members at lftrge.
(3) ¿\ll appl-ieati01l3, æeluffing sigfl3, fDr eommereiaJ or multiple f81Ð:ily resiàentiaJ
development v;ithin the 'XTest .:\dantic .:....7eftUe Overla-y Di3triet ,viR be ref£ffed t6 the ..\RC afld the
Community Reden:lopmcnt .:\gency fur advisory rn-ie-.\" and commcat.
54 ORD NO. 64-04
(4) The ..:\RC ",,;ill meet 11:3 requireà to reyie"'i.'i; 3ubmi3Si0fl3, rather cliRa at regular internM3.
.. .
SECTION 8. That Section 4.6.4 "Special District Boundary Treatment," Subsection 4.6.4(A),
"Commercial Zoning adjacent to Residential Zoning or Zoning Districts "\vith a Thirty-Five (35)
Foot height Limitation," of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The following special district boundary
treatments are to be minimums. If other treatments are required, the requirements which provide
for the greatest separation and most buffering shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-
five (35) Foot Height Limitation:
(1) Properties subject to the development standards of the Central Business District (CBD)
or CenerRI Commercial (CC) District within the West }~daatic Neigho6fflood (\X'-,'\ÞJ)
shall comply with the following:
(a) \XThere the rear or side of a property direcdy abuts a zoning district with a height
limitation of thirty-five feet (35') without any division or separation between
them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park,
or other public open space, the following shall apply:
(i) For buildings or portion of the buildings thirty-seven feet (37') or less in
height, a ten foot (10') minimum building setback from the property line
shall be provided.
(ü) For buildings above thirty-seven feet (37') in height, a twenty-two foot
(22') minimum building setback from the property line shall be provided
for the portion of the building that is over thirty-seven feet (37') in height.
(iii) A solid fInished masonry wall six feet in height, or a continuous hedge at
least 4-1/2 feet in height at the time of installation, shall be located inside
and adjacent to the portion of the boundary line of the commercially zoned
property which directly abuts the residentially zoned property. If a wall is
used, it shall have only those openings as required by other city codes to
meet hurricane or severe storm construction standards. No walkways or
other pedestrian ways shall be located through the wall or hedge.
(2) All other commercially zoned properties shall comply with the following:
55 ORD NO. 64-04
(a) Where the rear or side of commercially zoned property direcdy abuts
residentially zoned property without any division or separation between them,
such as a street, alley, railroad, waterway, park, or other public open space, the
commercially zoned property shall provide a ten-foot building setback from the
property line located adjacent to the residentially zoned property. In addition,
either a solid fmished masonry wall six feet in height, or a continuous hedge at
least 4-1/2 feet in height at the time of installation, shall be located inside and
adjacent to the portion of the boundary line of the commercially zoned property
which direcdy abuts the residentially zoned property. If a wall is used, it shall
have only those openings as required by other city codes to meet hurricane or
severe storm construction standards. No walkways or other pedestrian ways
shall be located through the wall or hedge.
(b) Where the rear or side of commercially zoned property does not direcdy abut
residentially zoned property but is separated from it by an alley, the commercially
zoned property shall provide a ten-foot building setback from the property line
located adjacent to the separator.
SECTION 9. That Section 4.6.9, "Off-Street Parking Regulations," Subsection 4.6.9 (E) "Location
of Parking Spaces,", Sub-subsection 4.6.9(E)(3), "In-Lieu Fee", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of
on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of
providing such required parking, pursuant to the following provisions:
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD, M1d CC
(We3t ~\tl!lfltie .:\-.'enue Overlay Di3tflet) Zoning Districts in compliance with the
Supplemental District Regulations provisions therein.
(b) Arrangements for payment shall be approved by the City Commission at the time
of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees are being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: (See page 4646
- A for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD - $14,000 per space.
56 ORD NO. 64-04
(2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned
CBD or CBD-RC and which are not included within the Pineapple Grove
~lain Street area or West Adantic Neighborhood - $12,000 per space.
(3) Area 3: Parcels located "vithin the OSSHAD zoning district and parcels
located within the Pineapple Grove Main Street area which are zoned CBD
or CBD-RC - $6,000 per space.
(4) Area 4: Parcels located within the West Adantic .,:\yeaue On:fl.ItJ Di:3tflet
Neighborhood which are zoned GG- CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of the
in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such
agreement shall be recorded with the Public_Records Office of Palm Beach
County, Florida. The obligations imposed by such an In-Lieu of Parking Fee
Agreement constitute a restrictive covenant upon a property, and shall bind
successors, heirs and assigns. The restrictive covenant shall be released upon full
payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of
Parking Fee Agreements shall only be made between the City and the Owner(s)
of the subject property. In-Lieu of Parking Fee Agreements shall only be made
between the City and the Owner(s) of the subject property. If an In-Lieu of
Parking Fee Agreement is entered into, installment payments shall be made over a
three-year time period in three installments. The ftrst installment shall be 50% of
the total fee and is to be paid upon signing the agreement. The second
installment shall be 25% of the total fee and is due on the second anniversary date
of the signing of the agreement. The third and ftnal payment of 25% of the total
fee is due on the third anniversary date of the signing of the agreement. There
shall be no interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subj ect to in-lieu fees unless authorized by the City
Commission. The total in-lieu fee due shall be reduced by an amount equal to the
actual construction costs, but in no event to exceed total in-lieu fees, for these on-
57 ORD NO. 64-04
street spaces including street lighting. Additional credit, not to exceed 10% of the
total fee, may be taken for the actual construction costs of approved streets cape
beautification elements in the public right-of-way. Beautification improvements
may include, but are not limited to, paverbrick walkways, street furniture and
landscaping. Credit may not be taken for those streetscape elements listed in
Section 4.4.13(I)(2)(f) which are required to meet the performance standards for
new developments in the CBD which exceed 30 dwelling units per acre. Neither
credit for construction of on-street spaces, nor credit for construction of
beautification elements shall be reimbursed until such construction has been fully
completed.
.. .
SECTION 10. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(A) Minimum Requirements:
(1) The requirements contained in this Section are minimum aesthetic standards for all site
development, buildings, structures, or alterations except for single family development.
(2) It is required that all site development, structures, buildings, or alterations to same, show
proper design concepts, express honest design construction, and be appropriate to
surroundings.
(B) Building and Structure Requirements:
(1) Buildings or structures which are a part of a present or future group or complex shall
have a unity of character and design. The relationship of forms and the use, texture, and
color of materials shall be such as to create a harmonious whole. When the area
involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects
the future of any established section of the City, the design, scale and location on the site
shall enhance rather than detract from the character, value, and attractiveness of the
surroundings.
(2) Buildings or structures located along strips of land or on single sites, and not a part of a
unified multi-building complex, shall strive to achieve visual harmony with the
surroundings. If they are built in undeveloped areas, the three primary requirements
shall be met: express honest design construction, show proper design concepts, and be
appropriate to the City.
58 ORD NO. 64-04
(3) All facades visible to public or adjacent property shall be designed to create a
harmonious whole. Materials shall express their function clearly and not appear as a
material foreign to the rest of the building.
(4) To be harmonious, it is not to be inferred that buildings must look alike or be of the
same style. Harmony can be achieved through the proper consideration of scale,
proportion, site planning, landscaping, materials, and color.
(5) Look-alike buildings are not allowed unless, in the opinion of the Site Plan Review and
Appearance Board or the Historic Preservation Board, there is sufficient separation to
preserve the aesthetic character of the present of evolving neighborhood. This is not to
be construed to prohibit duplication of floor plans and exterior treatment in a planned
development where, in the opinion of the Board, the aesthetics of the development
depend upon, or are enhanced by the look-alike buildings and their relationship to each
other.
(6) Buildings, which are of symbolic design for reasons of advertising, unless otherwise
compatible with the criteria herein, will not be approved by this Board. Symbols
attached to buildings will not be allowed unless they are secondary in appearance to the
building and landscape and are an aesthetic asset to the building project and
neighborhood.
(7) Exterior lighting may be used to illuminate a building and its grounds for safety
purposes, but in an aesthetic manner. Lighting is not to be used as a form of advertising
in a manner that is not compatible to the neighborhood or in a manner that draws
considerably more attention to the building or grounds at night than in the day. Lighting
following the form of the building or part of the building will not be allowed if, in the
opinion of the Board, the overall effect will be garish or detrimental to the environment.
All fLxtures used in exterior lighting are to be selected for functional aesthetic value.
(8) Building surfaces, walls, and roofs that are considered garish by the Board will be denied
approval.
(9) "Take-out" or "pick-up" windows or doors shall not be located on a building facade that
faces a public right-of-way, unless they are designed in a manner as to be an aesthetic
asset to the building and neighborhood.
(10) All exterior forms, attached or not to buildings, shall be in conformity to, and secondary
to, the building. They shall be an asset to the aesthetics of the site and to the
neighborhood.
59 ORD NO. 64-04
(11) All telephones, vending machines, or any facilities dispensing merchandise, or a service
on private property, shall be confined to a space built into the building or buildings or
enclosed in a separate structure compatible with the main building.
(12) Gasoline Stations:
(a) Symbolic color of the exterior facades or roofs may not be used unless they are
harmonious with the atmosphere of the neighborhood and the city.
(b) Exterior display of goods for sale or displays designating a service will not be
allowed, except that a display of goods and tools of a service may be displayed on
the pump island, provided the island is not considered by the Site Plan Review and
Appearance Board or Historic Preservation Board to be enlarged to take advantage
of this provision, and provided the goods and tools be such that they can be used
or installed at the island. For example: An oil rack is acceptable, but a tire display
lS not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbuildings within a shopping center shall be compatible in terms of
color, materials, and architectural style.
(b) Procedure: The Site Plan Review and Appearance Board shall make a finding of
such compatibility prior to approval of outbuilding elevations. If the Board
determines that there is not compatibility with respect to any of the items, then it
shall deny the elevations. However, if the Board feels, despite the incompatibility,
the elevations should be approved they shall forward the elevations to the City
Commission with a recommendation of approval and the City Commission shall
take final action.
(14) Buildings within the Downtown Area: These additional criteria shall be applicable to
buildings located within the CBD and tfl.o3e iM'e!l3 \~'ithin the CC v.~thin the We3t
.Atlantic Neighborhood (\1Ç';\J>J), OSSHAD, and CBD-RC zoning districts. In case of
conflict, the more restrictive regulation shall apply. All buildings shall comply with the
following requirements:
(i) Roofs and Gutters:
1) Roof eaves above pedestrian walkways must be guttered to promote a
pedestrian friendly environment.
60 ORD NO. 64-04
2) Roofs and gutters must be built of durable materials and integrated into
the architectural design of the building.
3) Flat roofs shall be screened from adjacent properties and streets with
decorative parapets. The maximum height of the parapet wall shall be
SL'{ feet (6') in height or sufficient height to screen all roof mounted
equipment, whichever is greater, measured from the top of the roof
deck to the top of the parapet wall. Exception to the height
requirements shall be pursuant to Section 4.3.40}
4) Roof mounted electrical, mechanical, a1r conditioning, and
communication equipment shall be completely screened from adjacent
properties and streets. A sight line study with the following
information shall be submitted to Site Plan Review and Appearance
Board for approval:
a) A two-dimensional cross section, at a minimum scale of 1:100, of
the site showing the building with the equipment screening in
relation to the adjacent properties or public street.
b) Graphic illustration showing that the equipment is not visible
within a 200 foot radius. The radius shall be measured from the
exterior side of the screen to a point ten feet (10') above finished
grade.
5) Prohibitions:
a) Flat asphalt shingles.
b) Plastic gutters.
(ii) Walls:
1) ]\:laterials:
a) There shall be a maximum of two (2) primary materials, excluding
windows, doors, accents and trims. These materials shall be
appropriate to the building style and shall be consistent on all
sides of the building. The materials shall be complementary and
create visual interest, such as shadow and depth, to the building
walls. ]\:laterials used to simulate other materials shall count as
61 ORD NO. 64-04
separate materials provided there is a change in texture, color,
and pattern of the finish.
b) Materials or patterns not expressly prohibited may be used if the
overall effect is complementary to the overall architectural
character and context of the adjacent properties.
c) Metal curtain walls shall be limited to 30% of the total building
exterior elevation.
d) Small setbacks or indentations, a minimum depth of eight inches
(8"), shall be incorporated into a minimum 30% of all building
facades without any windows and doors.
e) Prohibitions:
i) Prefabricated and pre-engineered metal wall panels.
ü) Metal curtain wall systems with 100% glass and metal
combination.
iii) Chain link fences are prohibited except within sites
containing outdoor recreation uses or facilities such as
baseball, tennis, racquetball, etc. in which case they must be
appropriately screened with landscaping pursuant to
Section 4.6.16.
2) Accessory structures such as perimeter fences and walls, enclosures
used for the screening of mechanical and electrical equipment, loading
and service areas, and/or dumpster and recycling areas shall be
consistent with the architectural treatment of the principal building.
3) Treatment of blank walls:
a) Where blank walls are unavoidable due to the requirements of a
particular land use or structural needs, they shall not exceed a
length of fifty feet (50'), or twenty percent (20%) of the length of
the building facing the street, whichever is less.
b) Blank wall sections of allowed lengths shall receive one (1) or
more of the following special design treatments in order to
increase pedestrian comfort or create visual interest:
62 ORD NO. 64-04
i) Vertical trellis in front of the wall with climbing vines or
other plant materials over at least 30% of the blank wall
surface.
ii) Control and expansion joints used in a decorative pattern
with varied materials or textures and spaced a maximum of
ten feet (10') on center. Relief and reveal depth, if used in a
pattern, shall be a minimum of three-quarter (3/4) inch and
shall be a minimum of 30% percent of the blank wall
surface.
iii) Small setbacks, projections, or indentations with a
minimum depth of eight inches (8"), or intervals of material
change to break up the wall's surface.
iv) Additional architectural details such as pilasters, medallions,
decorative panels or castings, decorative accent tiles,
louvered vents, or public art shall be integrated on any
exterior wall to avoid a blank wall appearance.
(iii) Arcades, Porches, Trellises, Loggias and Balconies:
1) Materials:
a) Building materials shall be compatible with the architectural
treatment of the principal building.
b) Exterior walls or vertical surfaces shall not exceed 815% of the
length of the arcade, porch, loggia, or balcony.
2) Columns and posts:
a) The spacing between columns shall have a height to width or
width to height ratio of 1:1, 2:1, 2:3, 3:1 or 5:1 or a proportion
that will emphasize the building's vertical or horizontal
articulation or rhythm and incremental appearance. The
maX11llum spacmg between columns, from centerline to
centerline shall be twenty-four feet (24').
b) Structural columns or posts shall be a minimum of twelve inches
(12") in width or depth. Decorative posts or columns with or
63 ORD NO. 64-04
without a lateral attachment, such as railings, beams, trellis, or
lattice, shall be a minimum four inches (4") in size, width, or
depth.
c) Arches over columns that are part of an arcade shall have no less
than twelve inches (12") in depth.
(iv) Windows and Doors:
1) Window and door shutters and decorative trims and moldings shall be
sized to match the dimensions of the wall openings.
2) The minimum transparency or glass surface area on the ground floor
wall area of all non-residential and mixed-use buildings, shall be a
minimum of 75% of the wall area for that elevation. All storefronts or
glass areas abutting the street shall be transparent, non-solar or non-
mirrored, and have a light transmission reduction of no more than
twenty percent (20%).
3) Garage doors, entrances and exits with street frontage shall be designed
to have a decorative appearance consistent with the overall
architectural composition of the project.
4) All public entries, excluding emergency exits, shall be easily identifiable
and integrated into the building architecture. Each freestanding
principal structure shall have a minimum of one clearly defined primary
public entrance feature.
5) Prohibitions:
a) Security bars on storefronts or display "\vindows.
b) Back lit canopies or awnings, neon or fluorescent lighting, unless
incorporated into the architectural concept of the project or
public artwork and approved by the Site Plan Review and
Appearance Board or the Historic Preservation Board. An
example of this may be a design element associated with an Art
Deco project.
(v) 1-1iscellaneous:
64 ORD NO. 64-04
1) A change in roof design, doors and window rhythm and articulation,
and building materials or textures shall be required every 150 feet along
a building's street frontage. Minimum spacing between the same
architectural composition shall be 300 feet.
2) A maximum of four (4) base wall colors shall be used for each building,
except as required for artworks as approved by the Site Plan Review
and Appearance Board or Historic Preservation Board.
3) Miscellaneous free standing, wall or ground mounted appurtenances
such as electrical and gas meters, dumpster/recycling, trash
compactors, gas tanks, air conditioning and communication equipment
shall be enclosed or screened and integrated into the building's
architectural treatment. The appurtenances shall also be prohibited
"\vithin the front yards.
4) Pedestrian amenities shall be integrated into the overall project design.
These features shall be designed as a focal point of a building, within a
public plaza, or to facilitate pedestrian movement from a more
intensive land use such as a retail use to a less intensive land use such as
an office use.
5) Similar architectural treatment shall be provided on all sides of the
building.
6) Cross-ventilation, energy efficiency, and green building design shall be
considered for all projects.
(vi) Parking garages: Above ground parking garages shall comply with the
architectural requirements of this Section and the following additional
requirements:
1) Ramps shall be visually screened from streets and adjacent residential
zoning districts and oriented towards the interior of the lot within a
project where possible. Ramp profiles shall be hidden on the exterior
elevations.
2) Roof top parking shall be visually screened with articulated parapet
walls or other architectural treatment acceptable to the Site Plan
Review and Appearance Board. Exterior lighting shall utilize fIxtures
provided with cut-off shielding in order to eliminate glare and spillage
onto adjacent properties and roadways.
65 ORD NO. 64-04
3) The openings of the garage shall be designed in a manner that obscures
parked vehicles. Decorative architectural elements on the ground floor
leyel shall be designed to accommodate the pedestrian scale. Parking
leyels above the ground floor shall maintain the same vertical and
horizontal articulation or rhythm and incremental appearance
established on the ground floor.
4) Due to the requirements of a particular land use or structural needs,
parking garages or the garage portion of the building may request an
increase from the building frontage requirements (to a maximum of
100% for all floors) or a waiver from the setback requirements of
Section 4.4.9(F)(2)(c) and Section 4.4.13(F)(3) (for portions of the
building above twenty-five feet) subject to compliance with the
following requirements:
a) The garage or the garage portion of the building elevation
provides unified design elements with the main building through
the use of similar materials and color, vertical and horizontal
elements, and architectural style.
b) A minimum 50% of the ground floor perimeter of the garage or
the garage portion of the building adjacent to street right-of-ways
shall be devoted to window displays or floor area for active uses
such as retail stores, personal and business service establishments,
entertainment, offices, etc.... This number may be reduced by
the Site Plan Review and Appearance Board or the Historic
Preservation Board.
c) Architectural features shall be incorporated into the facade to
mitigate the building's mass and bulk and along portions of the
building adjacent to street right-of-ways.
(vii) In addition to the requirements of this Section, buildings within the
Pineapple Grove Main Street Neighborhood shall comply with the Design
Guidelines contained within the Pineapple Grove Main Street Neighborhood
Plan. The Pineapple Grove Design Review Committee shall review the
project for compliance with the Pineapple Grove Neighborhood Plan prior
to action by the Site Plan Reyiew and Appearance Board and the Historical
Preservation Board.
66 ORD NO. 64-04
(C) Exterior Space: The scale of exterior space is to be relative to its neighborhood, adjacent
properties, buildings, access (roads and pedestrian routes), and its activity. Building facades
enclosing a space must be harmonious. \'V'here, because of their use or age, like facades are
not possible, consideration should be given to unifying the walls of the space by the
application of landscaping, or man-made objects of like design, at modular spacing. The floor
of a space is of primary importance. Its materials, texture, and color, contour, and shadow on
it are to be considered, not only in relation to the space, but to its setting. Careful
consideration shall be given to the preservation of natural vistas and to the future development
of vistas which open into undeveloped areas.
(D) Parking Lots and Vehicular Use Areas:
(1) Parking lots and other vehicular use areas are to be designed as an aesthetic asset to a
neighborhood and to the building, group of buildings, or facility they serve. A parking
lot is to be considered an outside, transitional space which is located between the access
(such as roads) and the building, group of buildings, or other outside spaces, which it
serves. The parking lot, because it is viewed from above as well as at eye level, should be
designed accordingly.
(2) Parking lots, vehicular use areas, and their parked vehicles are to be effectively screened
from the public view and from adjacent property in a manner that is attractive and
compatible with safety, the neighborhood, and facilities served.
(3) The atmosphere within the parking lot and vehicular use area is to be park-like, rather
than the harsh hardstand of paving. Trees are of primary importance in the landscape.
They are not to be minimized in either height or quantity. The tree imparts, especially in
a relatively flat area, a sense of three-dimensional space. It casts shadows that reduce the
monotony of the expanse of paving and creates a refuge from the tropical sun. Signs
designating entrances, exits, and regulations are to be of a tasteful design and subject to
review by the Site Plan Review and Appearance Board or the Historic Preservation
Board. The pavement is to be more than wall-to-wall asphalt.
(4) It is recommended that pavement be varied in texture or color designating lanes for
automobile traffic, pedestrian walks, and parking spaces. Bright-colored pavement is to
be used only with restraint. In order to create a pleasant atmosphere, it is recommended
that consideration be given to sculpture, fountains, gardens, pools, and benches. Design
emphasis is to be given to the entrances and exits to the lot. Trash, refuse, and
unaesthetic storage and mechanical equipment should be screened from the parking lot.
(5) Lighting is to be designed not only from the standpoint of safety and resistance to
vandalism, but for visual effect. It should avoid any annoyance to the neighbors from
brightness or glare. It should not impart a prison-like atmosphere. Low lights of a
67 ORD NO. 64-04
modest scale can be used along with feature lighting emphasizing plants, trees, barriers,
entrances, and exits. The fIxtures are to be selected not only for their functional value,
but for their aesthetic qualities. They are to be considered furniture of the parking lot
visible both day and night.
(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review
and Appearance Board or Historic Preservation Board, in the review of plans for building
permits.
If the following criteria are not met, the application shall be disapproved.
(1) The plan or the proposed structure is in conformity with good taste, good design, and in
general, contributes to the image of the City as a place of beauty, spaciousness, harmony,
taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria which
may be set forth for the Board from time to time.
SECTION 11. SEVERABILITY: That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a curt of 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 12. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
SECTION 13. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
provision of this ordinance shall become and be made a part of the Land Development Regulations
of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-Iettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 14. EFFECTIVE DATE: The provisions of this ordinance shall become effective
immediately upon the effective date of Ordinance 31-04.
68 ORD NO. 64-04
PASSED AND ADOPTED in regular session on second and fInal reading on this the _ day of
,2004.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading _
69 ORD NO. 64-04
, ~1
..
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IITY 'C(')MMIS$IØNiD(')CUMEN¡¡¡~'TIºN
TO: ~~;:.ï EN, IT'( MANAGER
THRU: PA L DORLlNG, DIR
FROM: ESTELlO BRETO, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 2, 2004 ,
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY HR (HIGH RESIDENTIAL - 8 DUlAC)
TO CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC), AND
REZONING FROM AR (AGRICULTURAL RESIDENTIAL) TO RM
(MEDIUM DENSITY RESIDENTIAL) FOR A 4.86 ACRES
PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
APPROXIMA TEL Y 700 FEET SOUTH OF ATLANTIC AVENUE.
I' ø~IK~¡RO.lJND ~
The 4.86 acre property is currently located in unincorporated Palm Beach County
and has an AR (Agricultural Residential) zoning designation. The property is located
within the City's Planning Area (Future Annexation Area) and the owner is seeking
voluntary annexation at this time. The subject property consists of 6 separate parcels
with 5 owners. Three of these parcels are undeveloped and three contain single family
residential homes. Additional background and an analysis of the request are found in
the attached Planning and Zoning Board Staff Report.
1 P["RNINGIIÑQ~iÑIRGI:BØIRP.·cøRillèRAfIÖN ,
At its meeting of October 18, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the requests. There was public testimony regarding the
proposal presented by the residents of the adjacent property to the west and their
main concern related to:
· This proposal will leave their properties totally land locked by property within
the City of Delray Beach, thus decreasing the value of our property;
· Development of this property without regard to alternative access to adjacent
property will perpetuate the unacceptable access to these property which is
currently via the Points West Plaza which means the access is frequently
blocked by loading/unloading vehicles; and
· Concerns with access for emergency vehicle given concerns noted above.
The Board had significant discussion related to the appropriateness of allowing up to
12 units per acre given the adjacent land use densities. After reviewing the staff
report and discussing the proposal, the Board voted 5-0 to recommend that the
requests be approved subject to a zoning density suffix of 8 units per acre maximum.
The Board gave further direction to the Site Plan Review and Appearance Board
(SPRAB) that direct access from Military Trail to the existing single family homes
located to the west of the Gramercy property should be considered during the site \éJ.A
,
. City Commission Documentation
Meeting of November 02, 2004
Gramercy Annexation, Small-Scale FLUM Amendment with initial rezoning of RM
Page 2
plan review process. The request was approved based upon positive findings with
respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is
contiguous, reasonably compact and does not create an enclave; and, that services
will be provided to the property in a manner similar to other similar properties within
the City.
I RÊǺMMÊNQãl;~êTI()N :1
By motion, approve on first reading the ordinance for Annexation, the FLUM
amendment from County HR (High Residential - 8 du/ac) to City MD (Medium
Density Residential- 5-12 du/ac), and the initial zoning designation of RM-8(Medium
Density Residential - 8 du/ac), based upon the findings and recommendation by the
Planning and Zoning Board and set a public hearing date of November 09, 2004.
Attachments: P & Z Staff Report of October 18, 2004
ORDINANCE NO 57-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CI1Y OF DELRAY BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST ATLANTIC
AVENUE AND 260 FEET WEST OF MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CI1Y
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(M:EDIUM DENSI1Y RESIDENTIAL 5-12 DU/AC) FOR
SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPEHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO RM (M:EDIUM DENSI1Y
RESIDENTIAL) DISTRICT, A FLEXIBLE ZONING
DISTRICT WHICH ALLOWS A DENSI1Y OF 6 TO 12
UNITS PER ACRE AND AUTHORIZES A DENSI1Y
SUFFIX TO BE AFFIXED THAT LIMITS THE DENSI1Y
TO A DENSI1Y LESS THAN 12 BUT MORE THAN 6
UNITS PER ACRE; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 4.861
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters have requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4.6 and the required findings ofLDR Section 3.2.2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of October 18, 2004, and voted 5 to
o to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-8 dwelling units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
2 ORD NO. 57-04
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Parcel # 00-42-46-14-00-000-5060
The South one-third (S 1/3) of the North three-fifths (N 3/5) of the West one-half (W Yz) of
the Southeast quarter (SE 1f4) of the Southeast quarter (SE 1/4) of the Southeast quarter (SE 1f4),
less the West 30 feet thereof for right-of-way, of Section 14, Township 46 South, Range 42 East,
Palm Beach County, Florida.
Together With:
Parcel # 00-42-46-14-00-000-5070
The South one-quarter (S 1f4) of the North four-fifths (N 4/5) of the West one-half CW Yz) of
the Southeast quarter of the Southeast quarter of the Southeast quarter, less the West 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida.
Together With:
Parcel # 00-42-46-14-00-000-5080
The South one-fifth (S 1/5) of the West one-half (W Yz) of the Southeast quarter (SE 1f4) of the
Southeast quarter (SE %), of the Southeast quarter (SE 14/), less the West thirty feet CW 30')
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida.
Together With:
Parcel # 00-42-46-14-00-000-5040
The North one-fifth (N 1/5) of the West half (W 1f2) of the Southeast quarter (SE %) of the
Southeast quarter (SE %) of the Southeast quarter (SE %) of Section 14, Township 46 South,
Rage 42 East, of Palm Beach County, Florida less the West 30 feet thereof for road right-of-
way.
Together With:
Parcel # 00-42-46-14-00-000-5050 and Parcel # 00-42-46-14-00-000-5650
The South one-half (S Yz) of the North two-fifths (N 2/5) of the West one-half CW Yz) of the
Southeast one-quarter (SE 1/4) of the Southeast one-quarter (SE 1/4) of the Southeast one-quarter
(SE %) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida; less the
west thirty (30) feet thereof for right-of-way,
3 ORD NO. 57-04
The subject property is located 710 feet south of West Atlantic Avenue and 260 feet west of
Military Trail.
Section 3 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5 That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac).
Section 7 That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 9 The City Commission may affix a suffix to the RM zoning designation that is
less than 12 units per acre based upon the ability of the property owner to meet certain performance
criteria as provided for in LDR Section 4.4.6 and the required fIndings of LDR Section 3.2.2(D).
The City Commission hereby (affixes) or (does not affix) (circle one) a density suffix and herby
zones the property to RM
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
4 ORD NO. 57-04
Section 11 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 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 200_.
A TIEST MAYOR
Acting City Clerk
First Reading
Second Reading
5 ORD NO. 57-04
-----------
I
l' I
I PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: October 18, 2004
AGENDA ITEM: IV.A.
ITEM: Future Land Use Map (FLUM) Amendment from HR-8 (High Residential-
8 du/ac on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 du/ac) and rezoning from AR
(Agricultural Residential) to RM-8 (Medium Density Residential 8 du/ac)
for a 4.86 acres property located on the west side of Military Trail just
700' south of Atlantic Avenue.
K.F".C_
L
GENERAL DATA:
Ownerl Applicant.. ........ .............., Home Devco Corporation of South
Florida
Agent. ..................... .................... Miller Land Planning Consultants,
Inc.
Location........................ ...... ........ West side of Military Trail,
¡ approximately 700 ft. south of
West Atlantic Avenue.
Property Size..... ..... .......... .......... 4.86 Acres
Existing County Future Land Use
Map Designation ........................ HR-8 (High Density Residential- 8
units/acre)
Proposed City Future Land Use
Map Designation......................... MD (Medium Density Residential
5-12 units/acre)
Existing County Zoning............... AR (Agricultural Residential)
Proposed City Zoning................. RM-8 (Medium Density
Residential - 8 units/acre)
Adjacent Zoning................North: City PC (Planned Commercial)
East: City RM-8
South: County RS (Single Family
Residential)
West: County AR
Existing Land Use...................... Vacant land.
Proposed Land Use.................... Annexation with initial zoning of
RM-8 to obtain City services for
the construction of a town house
development.
Water Service............................. Available via connection to an
existing 12" water main along the
east side of Military Trail and an 8"
main at the southeast corner of
the shopping center to the north.
Sewer Service............................. Available via installation of a lift
station and connection to a 4"
force main along the west side of
Military Trail.
IV.A
- --------
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Future Land Use Map (FLUM) Amendment from
HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to
RM (Medium Density Residential 6-12 units/acre) for a 4.86 acres parcel located on the west
side of Military Trail just 700' south of Atlantic Avenue.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
I BACKGROUND/PROJECT DESCRIPTION I
The subject property is 4.86 acres located to the south of Points West Plaza and to the west of
the platted Mil-Atlantic parcels that front on Military Trail. The property is bound to the south
by the LWDD L-34 Canal. The subject property consists of 6 separate parcels with 5 owners.
Three of these parcels are undeveloped and three contain single family residential homes.
The access to these parcels is currently from Atlantic Avenue (through the shopping center to
the north) and over the private access tract. The applicant has indicated that one out of the six
(6) parcels has executed water service agreement with the City of Delray Beach which
contains a voluntary annexation.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The City has an advisory land use designation of
TRN (Transitional) that allows for residential development with a density between five and
twelve units per acre. The applicant has indicated that upon approval of the land use
amendment and rezoning, the subject property will be integrated with Lot "A' and "B" of the Mil-
Atlantic properties to the east for construction of a townhouse development.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from HR-8 to MD and a Rezoning from AR to RM.
I FUTURE LAND USE MAP AMENDMENT ANALYSIS I
Current Land Use Desianation: The current land use map designation for the property is
County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is
TRN (Transitional).
Reauested Land Use Desianation: The requested Future Land Use Designation is to City
MD (Medium Density Residential 5-12 du/ac).
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 2
· The amendment does not exceed 10 acres of land;
· The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
· The proposed amendment does not involve the same property, or the same
owner's property within 200' feet of property, granted a change within a period
of twelve months.
· That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
· The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future land Use Map for a site-specific small scale
development activity; and,
· The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future land Use Map amendment involves a 4.86 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area. The proposed amendment to Medium Density has
a density range of 5-12 du/ac (MD) and is being proposed concurrently with a request for
annexation and initial zoning of RM to accommodate a townhouse development. Staff is
recommending that given the adjacent development pattern a zoning suffix be applied limiting
maximum densities to 8 units per acre. With this limit the 10 units to the acre threshold would
not be exceeded. MD land use designation allows consistent zoning districts which include
single family, and low and medium density multiple family developments. This amendment
along with other small-scale amendment processed this year, outside the designated areas,
will not exceed 60 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FlUM amendment can be processed as a small scale amendment.
land Use Analysis:
Consistency Between the City and County land Use Desianations:
The proposed City land Use Map Designation for the property is MD (Medium Density
Residential 5-12 du/ac). The existing County Future land Use Map Designation for the
property is HR-8 (High Density Residential - 8 du/ac). The City's MD land Use Designation is
consistent with the County's HR-8 designation in that Medium Density Residential is allowed.
The current advisory "Transitional" residential designation allows multiple family development
as well as office and limited commercial development. The City's FlUM designation as initially
contained on the City's Future land Use Map adopted by Ordinance 82-89 in November 1989,
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 3
(and as formally amended sUbsequently) are deemed to be advisory until an official Future
Land Use Map Amendment is processed.
Adjacent Land Use Map Desianations, Zonina Desianations and Land Uses:
The following zoning designations and uses abut the subject property:
I I Zoning Designation I Use I
North: Planned Commercial (PC) Shopping Center (Babies uRn Us Plaza)
South: Palm Beach County Single Family Single Family Subdivision (Country
Residential (RS) Club Acres)
East: Medium Density Residential (RM-8) Vacant Land
West: Palm Beach County Agriculture Three Single-Family Residences &
Residential (AR) Three Vacant Lots
North: North of the subject property, has a City Land Use Designation of GC (general
Commercial) and is zoned PC (Planed Commercial). The property is developed and contains
a shopping center (Babies uRn Us Plaza).
South: To the south, across the L-34 Canal, has a Palm Beach County land use designation
LD (Low Density Residential) and an advisory City Land Use designation of Low Density
Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The
existing land use is a single family subdivision known as Country Club Acres.
West: The abutting property to the west has a Palm Beach County land use designation of
HR-8 with an advisory City land use designation of Transitional and is zoned AR (Agricultural
Residential). The existing land uses are three single family residences and three vacant lots.
East: East of the property has a City land use designation of MD (Medium density Residential)
5-12 du/ac) and is zoned RM-8 (Medium density Residential - 8 du/ac). The property is
currently vacant.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning
districts which accommodate single family and multiple family units (R-1 thru R-1-AAA, RL,
PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM
(Medium Density Residential). This zoning is consistent with the proposed land use
designation.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 4
the authority to approve or deny the development application. These findings relate to
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Medium Density Residential (RM)
zoning district is consistent with the proposed Medium Density Residential (MD) FLUM
designation. Multiple-family townhouse developments are allowed in an RM zoning district
as a permitted use at a base rate of six (6) units per acre. Increases above that density
are only allowed if the subsequent development substantially complies with the
performance standards listed in LDR Section 4.4.6(1). Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from HR-8 to MD on six adjoining
parcels, which total approximately 4.861 acres. The proposed FLUM Amendment will
result in an increased impact on adopted concurrency standards. Concurrency findings
with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer
are discussed below:
Parks and Recreation: The annexation of the property to accommodate a town house
development will create an additional impact on park and recreational facilities. The
proposed RM-8 zoning district will allow a maximum of 58 dwelling units. Pursuant to Land
Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling
unit will be collected prior to issuance of a building permit for each unit. Based upon the
proposed FLUM Amendment and Rezoning, the maximum allowable density (12 du/ac)
would allow 58 dwelling units, thus requiring a park impact fee of $29,000.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District has
approved the development proposal for compliance with the adopted Level of Service for
School Concurrency.
Solid Waste: The subject properties are presently vacant and therefore currently have no
impact on this level of service standard. Assuming the proposed maximum density (12
du/ac), the subject properties will generate 30.16 tons of solid waste per year
(0.52x58=30.16). The increase can be accommodated by existing facilities and thus, will
not have a significant impact on this level of service standard.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the southeast corner of the
abutting shopping center to the North (Points West Plaza). With future development of this
property, looping of these systems as well as 8" main extensions and stub outs to adjacent
properties will be required. Along the new mains, fire hydrants will have to be installed with
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 5
a minimum spacing of 300' feet if the proposed town houses are constructed as a 3 story
structures, or a 400 feet spacing for multi-family structures up to 2 stories high. Pursuant
to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment
Plant at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force main along
the west side of Military Trail. With future development, the installation of a lift station and
sewer main extensions to the west property line will be required. The lift station must be
designed to accommodate future developments to the west (approx. 6 acres). Country
Club Acres to the south is served by county services. The City will participate in the
increased cost associate with sizing the lift station to accommodate future flows. Pursuant
to the Comprehensive Plan, treatment capacity is available at the South Central County
Waste Water Treatment Plant for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposal involves annexation of unincorporated property which requires changing the
FLUM designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows residential (single and
multiple family, offices and retail). As the City's FLUM designation is being applied this
policy does not apply. However, it is noted that the RM designation would allow a greater
maximum density (12 du/ac) than is currently allow under the county designation of (HR-8)
which is 8 du/ac. Further more given the adjacent land use patterns and density, a
maximum density of 12 du/ac is not compatible. It is recommended later in this report that
a zoning suffix limiting the maximum development to 8 du/ac is more compatible and
appropriate
HousinQ Element Policy 8-2.2: The development of new adult oriented communities
within the city is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 or 4 bedroom units and activity areas for children
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 6
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for projects having
fewer than 25 units.
The subject property (4.86 acres) will be combined with the 7.81 acre (Mil-Atlantic Lot "A"
and "B") site (located to the east) to accommodate a 12.491 acre town house development.
The properties extensive frontage along Military Trail along with the depth provided by the
six (6) Gramercy parcels (subject of this annexation) is an appropriate location for a multi-
family development. Provided that the future townhouse development accommodates
households with a range of ages, with an activity area for toddlers and teens, and a varied
combination of bedrooms positive findings can be made with respect to this policy.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complimentary to the adjacent residential areas. Under
the MD FLUM designation, a range of 6 to 12 dulac is allowed. As previously stated and
further discussed under the Zoning Analysis section of the report, development at the
maximum density is not complementary to the adjacent land uses. If a suffix is added to
the zoning designation (RM-8) limiting the maximum development to 8 units per acre,
similar to the properties along Military Trail and adjacent multifamily residential properties
in the area, a positive finding can be made. The property is bound on the south by the
LWDD L-34 Canal, and the north is the Points West Plaza. The requested RM zoning if
limited to a maximum of 8 dulac would be similar to properties to the east and west
(Coconut Key). The property immediately to the west is currently designated by the City
with an advisory TRN (Transitional) land use designation and will probably be developed
under similar regulations and densities as proposed RM-8 for this subject property. It is
noted to the west of these unincorporated parcels are city parcels limited to 8 du/ac. The
existing single family subdivision located to the south has a designated land use of LD
(Low Density residential). The subdivision is separated by the LWDD L-34 canal and
landscape buffering will have to be provided around the perimeter of the subject property to
mitigate any potential impacts.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, if limited to a maximum density of 8 dulac this designation will be
compatible with adjacent development patterns. Homeownership is a characteristic of this
designation. Consequently, compatibility with the abutting low density residential properties
to the south (Country Club Acres) and west (Breezy Acres) is not a major concern. With
development of the site as a town house development, the City requires that trees must be
installed every 25' along the south and west property line abutting single family residences.
This along with other LDR requirements will assure compatibility with surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the land Development Regulations.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 7
During the site plan review process the development proposal will be reviewed for
compliance with the LOR. The applicant has indicated intent to develop the properties as a
multiple-family townhouse development, which is permitted under the requested RM zoning
district and is compatible with the proposed MD FLUM designation. At this time no issues
have been identified which would prohibit compliance with the requirements of the RM
zoning district. Buffering particularly with respect to the adjacent single family area to the
south will be required.
I ANNEXATION ANALYSIS I
Florida Statues Governing Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 10 acres is currently an enclave. This action will reduce
this enclave which is consistent with Florida Statutes. As the remaining enclave now
will be under 10 acres the City in the near future will implement an interlocal
agreement with Palm Beach County and annex the balance of this enclave.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the west side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element 8-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the manner in which they will be provided.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 8
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time is
significantly improved upon annexation. Annexation will not require additional manpower
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water, sewer, schools, Parks and recreation have
previously been discussed under Future Land Use Analysis section of this report.
Streets: Access to the property is currently from Atlantic Avenue through the Points West
Plaza to the north which connects through a private access tract with cross access
easements. The applicant has indicated that upon approval of the annexation, the subject
property will be combined with Lot "A" and Lot "B" of the Mil-Atlantic properties to the east and
a site plan application will be submitted for a town house development. Thereafter, the
subject property will have direct access to Military Trail which is under the jurisdiction of Palm
Beach County. The jurisdictional responsibility and associated road maintenance will not
change upon annexation. It is further noted that an access tract is dedicated along the north
of the Mil-Atlantic parcels to provide future access to the parcels that remain in the County.
Access to these parcels must be accommodated with future development of these parcels.
A traffic study has been submitted based upon the maximum number of residential units
allowed under RM (12 du/ac) which would be 58 units (4.86 x 12=58) generating 406 trips per
day (58x7=406). The maximum increase in daily traffic generation due to the requested land
use designation change from 8 du/ac to 12 maximum is 137 (4x4.86x7=137).
A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic
Division for review. A letter from the Palm Beach County Traffic Division stating that the
proposal complies with the Palm Beach County Traffic Performance Standards Ordinance
must be received and is attached as a condition of approval. It is anticipated that the
proposal will meet traffic concurrency standards. Based upon the above condition of approval
being addressed, a positive finding with respect to traffic concurrency can be made.
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 9
PARCEl.. I ASSeSSeD AÐVALOREM '~ON';:AÐVÄî;)ØrŒJ'ljI TPT~RII~ÎIt:i I!mm<::~~N"1'Y
# VAlIife 2Ôô4 ····i!TAXES ····.,.ÂXi~miÎmT·· TAXieSm'" MILLAGE
5040 $78,576.00 $1,533.00 $33.00 1,566.00 19.5098
5050 $44,304.00 $864.00 $33.00 897.00 19.5016
5060 $81,084.00 $1,582.00 $33.00 1,615.00 19.5106
5070 $81,084.00 $1,582.00 $33.00 1,615.00 19.5106
5080 $139,947.00 $2,730.00 $234.00 2,964.00 19.5074
5650 $64,466.00 $1,257.00 $224.00 1,481.00 19.4987
TOTAL $489,461.00 $9,548.00 $590.00 10,138.00
For the 2003 tax year the subject property (six parcels) had a combined assessed value of
$489,461. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
ADVAI/¡OREM
TAXES
Fire/Rescue MSTU 251 142 259 259 448 206 1566 3.1990 DELETE
Palm Beach County Lib. 42 24 44 44 76 35 264 0.5403 DELETE
Palm Beach CO.Lib.Debt 3 2 3 3 6 3 20 0.0404 DELETE
Children Service Council 54 31 56 56 97 44 338 0.6902
Health Care District 86 49 89 89 154 71 538 1. 1 000
Palm Beach County 354 199 365 365 630 290 2203 4.5000
Palm Beach County Debt 21 12 22 22 37 17 131 0.2677
Florida Inland Navegation 3 2 3 3 5 2 19 0.0385
Public Schools Debt Servo 22 12 22 22 38 18 134 0.2740
Public Schools Loc.Board 204 115 210 210 363 167 1269 2.5920
Public Schools State Law 437 247 451 451 779 359 2724 5.5660
SFWMD District 47 26 48 48 84 38 292 0.5970
SFWMD Everglades Const. 8 4 8 8 14 7 50 0.1021
City of Delray Beach 7.4661 Added (City)
City of Delray Beach Debt 0.5339 Added (City)
TOTAL....... $1,533 $864 $1,582 $1,582 $2,730 $1,258 $9,548 4.2203 Difference*
* Total tax millage in the county is 19.5072 mills while in the city the total millage is 23.7275
mills. Therefore the difference is 4.2203 mills.
The current yearly ad valorem taxes are $9,548. With annexation the yearly ad valorem taxes
will be $11,613.67, (9,548+2,065.67=11,613.67); a tax difference of $2,065.67
(489,461 x4.2203/1 000=2,065.67). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. If the property is developed as a multiple
family complex or is subdivided for residential purposes, an assessment of $54.00 per unit
would be applied. A 25% discount from the assessment is available since the property is
within the Lake Worth Drainage District. An additional 25% may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 10
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)
" if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owner:
:: ¡::, ::;1:. :: ij;:, -': ¡;:. ¡ :;1:;::: YHj::: - i:: P-q¡)l; i: :!Hi::nTi-ii-¡tii-::.ii::it:HH LU:: iLl ;::[ [[:::! :::::; U:::::: ¡:: :~::: i::: LL unqHH;fiJ¡tiiJfit!-!n:HHn::[-H ii [¡:¡j!:i:: [)[iij +HEt4WIi
~UIVI~A~V.·Plffli~~f¡t~FT~I~~HmHeg~Me.IJI~I!I~~~A~el~a~I~~TY
';'00,,;,:::':':"':':':-':':':-':00"'-:-'-:''''''-::00''00:-00"'''00''00''''''''''';:''""""_,_,_"_-,,,,,:,_ --"",,_,:-,
AD VALOREM TAXES 2004
City Mills. County Mills
23.7275 - 19.5072 = 4.2203
NON AD VALOREM TAXES 2004
Stormwater Assessment $0.00
Solid Waste Collection $0.00
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $2,065.67
··>·:!I:SE~.~el~~M~II~.¡m~~S
+ Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci ).
Emergency Medical + Faster response from an estimated 5.5
Services EMS minutes (Count to 2.5 minutes Cit ).
Police + Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atrol cars durin the ni ht.
Code Enforcement + Pro-active vs reactive opportunity to work
with ro e owners.
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.915.68 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
The annexation of the property to accommodate a town house development will create an
additional impact on park and recreational facilities. The proposed RM zoning district will
allow a maximum of 58 dwelling units. Pursuant to Land Development Regulations (LOR)
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance
of a building permit for each unit. Based upon the proposed FLUM Amendment and
Rezoning, the maximum allowable density (8 du/ac) would allow 39 dwelling units, this fee
may be reduced to $19,500.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 11
AD VALOREM TAXES 2004
City of Delray Beach (7.37 Mills) $3,607.33
City of Delray Beach Debt (0.63 Mills) $308.36
SUB-TOTAL $3,915.69
NON-AD VALOREM TAXES
Storm Water Utility (58 Units @ $54) $3,132.00
SUB-TOTAL $7,047.69
PARK AND RECREATION IMPACT FEE
Future 58 townhouse development, $500 per unit $29,000.00
TOTAL $36,047.69
I ZONING ANALYSIS I
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is RM (Medium Density Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: County AR to the west; City RM to the east; City PC
(Planned Commercial) to the north; and County RS (Single Family Residential) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Housina Element Policv A-3.2 - The most restrictive residential zoning district that is
applicable given existing development patterns and typical lot sizes shall be applied to
these neighborhoods and affixed to the zoning map. Requests for rezoning to a
different zoning designation, other than Community Facilities, Open Space, Open Space
and Recreation, or Conservation shall be denied.
This policy relates to areas which are designated stable residential on the Residential
Neighborhood Categorization Map. The following table identifies the neighboring residential
developments and their respective densities:
Develo ment Densit
Count Club Acres 3.5 dulac
Breez Acres 3.4 dulac
The Hamlet 1 dulac
Le ac at Sherwood Forest 7.93 dulac
Coconut Ke 8.00 dulac
Sherwood Forest 4.45 dulac
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 12
The table indicates that the surrounding single family developments are less than 4.5 dwelling
units per acre. The two multiple family developments have a density less than 8.53 dwelling
units per acre. The Legacy at Sherwood Forest development is the most recently approved
multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a
rezoning of the subject property with a maximum density cap of 8 (RM-8) would be more
consistent with Housing Element Policy A-3.2 as it would be more consistent with the
development pattern in the area.
Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new residential
developments shall be designed for a balanced demographic mix of permanent year-
round residents. This shall be accomplished through the implementation of policies
from Objective B-2 of the housing element.
Housina Element Policy B-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan review process.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D} (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for Rezonina Actions): standard "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
A} The most restrictive residential zoning district that is applicable given
existing patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezoning to a different zoning designation,
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 13
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties are noted as Stabilization area on the Neighborhood
Categorization Map. The properties to the west (Coconut Key townhouse
development) are designated as Stable area on the Neighborhood Categorization
Map. Also, the properties to the south (Country Club Acres) are noted as
Stabilization. The rezoning is required with the annexation request. The proposed
RM zoning designation is not consistent with the prevailing land use patterns and a
suffix limiting the maximum density to 8 du/ac should be applied.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The initial RM zoning designation will accommodate the proposed townhouse
development. Compatibility with adjacent residential development will be directly
related to the density assigned to future development. The City's RM zoning has a
range of 6-12 units per acre, with the maximum density determined based upon
compatibility with the surrounding properties, or application of a density suffix
through the rezoning process. The development potential of the property under the
County's HR-8 land use designation is 39 units, which is equivalent to the maximum
allowed under the RM-8 zoning district.
The rezoning of the property with a greater density than RM-8 (Medium Density
Residential 8 du/ac) would result in an incompatibility with the existing residential
development pattern of the area.
The following zoning designations and uses border the property:
Direction ZoninQ Uses
North PC Babies uRn Us Plaza
South County RS Country Club Acres
East RM-8 Vacant Land
West County AR 3 Single Family Homes & 3 Vacant Lots
The rezoning of the property to RM-8 would be the maximum density to retain
consistency with the neighborhood development pattern. This would also provide
an appropriate transition of density between the commercial use to the north of the
subject property and the adjacent single family neighborhoods. Thus, it is
appropriate to apply the subject property the density suffix of 8 units per acre.
The RM zoning requires a 15' (side interior) and a 25' front and rear building
setback. Since the property may be developed as a townhouse development, trees
will have to be planted every 25' within the landscape strips abutting the single
family residences located to the west and south of the property.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 14
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The RM-8 is appropriate as it
is consistent with the County HR-8 and the proposed City Medium Density Residential 5-12
du/ac land use designations. Also, these FLUM and zoning designations are consistent with
those granted with the annexation of the property to the east in 1998.
Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The requested zoning is of similar intensity as allowed under the
proposed City MD land use designation. Given the property's location the RM-8 zoning is
more appropriate for the property than the Current County zoning designation of AR
(Agricultural Residential). Based upon the above, this request does fulfill two of the reasons
identified under LDR Section 2.4.5(D) (5).
I OTHER ITEMS I
Access Easement
The subject property abuts a residential area to the west consisting of 6 lots, which are located
south of the Points West Plaza shopping center. The single family homes obtain access by
traveling through the parking lot of the shopping center, which fronts in Atlantic Avenue. This
tortuous access makes it difficult for emergency vehicles to access the area in a timely
manner. With the development of the Gramercy property (combined with the Mil-Atlantic Lots
"A' and "B" to the east and south), an easement will be required along the north portion of the
property to allow direct access from Military Trail to the subdivision.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 15
I REVIEW BY OTHERS I
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On September 9, 2004 the Palm Beach County Planning Division was notified of the City's
intent to annex this property.
lake Worth Drainaae District:
On September 17, 2004 Lake Worth Drainage District was notified of the City's intent to annex
this property.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Country Club Acres
o Greensward Village Condominium
o Hamlet Residents Association
o High Point
o PROD (Progressive Residents of Delray)
o Sherwood Forest
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Attached is a letter of objection from an adjacent single property resident. Additional
letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
I ASSESMENT AND CONCLUSION ~
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The requested Medium Density
Residential 5-12 du/ac Future land Use Map designation is less intense than the development
that is allowed under the current City advisory designation of Transitional. The application of
an initial zoning designation of RM if limited to 8 units per acre is consistent with proposed
FLUM designation, and with the action previously approved for the property to the east.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 16
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will experience a slight increase in ad valorem taxes. Upon development of the
property for residential purposes, storm water assessment fees will be imposed.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $3,915.68, a year. With development of the
property, infrastructure improvements which include water and sewer main extensions to the
west side of Military Trail, and the installation of a lift station will offset the costs of providing
these services to the residents to the west.
If the annexation is approved, it is anticipated that a site and development plan will be
submitted. Compatibility of a specific development proposal with the adjacent developments
will be addressed with the review of a site plan development request. Based upon the above,
the proposed Annexation, Future Land Use Map Amendment and associated Rezoning
application should be approved.
I AL TERNA TIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations, subject to the following condition:
. That a letter from the Palm Beach County Traffic Division is received stating that
the proposal complies with the Palm Beach County Traffic Performance
Standards Ordinance.
C. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM (Medium Density Residential) for the subject property,
by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations, subject to the following condition:
D. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM (Medium Density Residential) for the subject property,
by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan, and does not meet the criteria set
forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 17
I RECOMMENDED ACTION I
Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and the
initial zoning designation of RM-8 (Medium Density Residential RM - 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in
Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map and Survey
Staff Report Prepared by: Estelio Breto, Senior Planner
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- - EXISTING ZONING DESIGNATIONS -
CITY Of DElRA Y BEACH. fl FUTURE lAND USE MAP AMENDMENT FROM COUNty HR-8 (HIGH DENSITY RESIDENTIAL) TO CI1Y MD (MEDIUM DENSITY
PLANNING'" ZONING DEPARTMENT RESIDENllAL, 5-12 UNITS PER ACRE) AND ANNEXATION WITH INITAl CITY ZONING OF RM (MEDIUM DENSITY RESiDENTIAl)
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14 September 2004
PJanning & Zoning Department
City Hall
100 NW 1st Avenue
Delray Beach, FL 3344
Attn: Estelio Breto
Ref: Proposed Annexation, Future Land Use--File# 2004-291 & 2004-292
Board Meeting September 27, 2004
Mr. Breto:
We are writing to express concerns we have for rezoning the 5-acre parcel noted in your advisory. We
live on the property adjacent to this land and we have the following concerns:
· This proposal leaves our properties totally land locked by the City ofDelray Beacl~"s .
decreasing the value of our propert{ Our property was more desirable to builders as a 10-acre plot
located in one municipality, instead of your proposal to make 5-acres City and 5-acres County.
· Unacceptable access to our property originally granted by the County. We currently have to
access our properties via the Points West PJaza. (Note: These building are only feet off our
roadway.)
0 Roadway nequently blocked by vehicles loading/unloading to the businesses.
0 We know ofthree instances when emergency vehicles could not arrive in a timely manner
due to the round about way you have to access our property.
· Flooding. When the development is built the property will be raised making us more susceptible
to flooding. As it stand now our roadways flood due to rain water run off nom the shopping
center.
We have attended meetings in the past, such as Coconut Key, a sub-division adjacent to us on the west
side. We expressed concerns about flooding and security, we were promised a fence and a fast growing
hedge. To date, there is neither a fence nor hedge instàlled.
In addition you mayor may not be aware that we were also under contract with Home Devco, the same
builder that is requesting this annexation. They backed out just hours before the contract was suppose to
go hard. We feel this annexation request may be a deliberate ploy to lower our land value and limit the
access SO as to make it undesirable to any builder other than Home Devco.
Further we received a letter nom Anderson & Carr, a property appraiser hired by the City ofDelray,
because the City is interested in acquiring this land (including the portion you are considering for
annexation) for a park. Is this still a consideration?
--over-
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We are hereby giving notice that we may contest actions taken by the City of Delray Beach at this
meeting on September 27 and ask in advance for a copy of the minutes as soon as they can be made
available.
We thank you in advance for your consideration of our concerns.
I Regards,
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ROger~.
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Barbara Robbins
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TO: DAVIDF'~GER
THRU: PAUL ORLlNG, DIRECTO PLANN;aG ~N~ ZO~ING ,
FROM: ROBERT G. TEFFT, SENIOR PLANNER L,~-f! )r'____.:,p
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SUBJECT: MEETING OF NOVEMBER 2, 2004
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 1.3.6(A),
"REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND MAINTENANCE
TO NONCONFORMING HISTORIC STRUCTURES TO EXCEED THE ANNUAL
MAXIMUM THRESHOLDS LISTED FOR NONCONFORMING STRUCTURES.
~~m~i¡ij1'iJlJ¡m;i;!;~¡¡mi~;:NI;,i¡'0;m ¡¡Mh~",~im;im'¡i¡;m¡,",;',"!;',";':;,;!'r~g~_~;iG!',i';',"'i;"',':',",'.'!":"""'!>,," ''''''''!',:",;: "il,;')'/' "", '·i;:¡mm'!i';;.'m;:'~
During the course of reviewing recent development proposals within the City's historic districts,
staff has identified a concern with regard to the yearly limits to repair and maintenance placed
on nonconforming structures, particularly as it relates to contributing structures within historic
districts and individually listed historic structures. Additionally, the current code only notes that
the SPRAB can approve exterior modifications to a nonconforming structure; however external
modifications to structures within historic districts or to individually listed historic structures
outside the districts are approved by the Historic Preservation Board (HPB).
Since most renovations to contributing structures within historic districts and to individually listed
historic structures will exceed the existing percentage thresholds, the current code requirements
are counterproductive to these restoration efforts. A text amendment to LOR Section 1.3.6(A} is
proposed to add language that exempts contributing structures within historic districts and
individually listed historic structures from the yearly percentage thresholds, and to allow the
Historic Preservation Board (HPB) to approve exterior modifications to nonconforming
structures where appropriate.
Pursuant to LOR Section 2.4.5(M} (5), in addition to the provisions of LOR Section 1.1.6(A), the
City Commission must make a finding that the text amendment is consistent with and furthers
the Goals, Objectives and Policies of the Comprehensive Plan. The Comprehensive Plan has
been reviewed and the following is noted:
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources.
Housing Element Obiective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of
a particular neighborhood.
The exemption of contributing structures within historic districts and individually listed historic
structures from the yearly percentage thresholds will enable the City's existing historic
resources, which may be nonconforming, to be rehabilitated and preserved without the
restriction on improvement costs. Thus, the above referenced Comprehensive Plan objectives
will be furthered by the proposed amendment.
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City Commission Documentation
Meeting of November 2, 2004
LDR Text Amendment Regarding Repair and Maintenance of Nonconforming Historic Structures
Page 2
'i;';¡ïltjliiB~IRDfl~'ls'IEfMTt¡ðNif;i·<
At its meeting of October 18, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the proposed text amendment. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 7-0, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of
the Land Development Regulations.
Þ;~E.Îtj,MMjiN1.Ρi'.'I~li!¡*iH!j¡¡!im!i¡I¡lmN¡i¡¡i¡¡mm,ßiIUi¡¡iir,iim+
Move approval on first reading of the amendment to LDR Section 1.3.6(A), by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections
1.1.6(A) and 2.4.5(M) of the Land Development Regulations and set a public hearing date of
November 16, 2004.
Attachments: Planning and Zoning Board Staff Report of October 18, 2004; and Proposed Ordinance
p~l~~~ B~Aft:! ',::: ;:>'<~_,i:r;:-l,'\::' '¡ ,::,'-)" i: :::'::." ¡::_:~ ;::' ::¡i:(nig ';;fr¡i-~- 'f'/l:'f:'(;(;m:"!h\:":'i:'+: r(:;;,l'i-ry'=:':·' pE,LRA>r; BEAF~
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;llliJ PLAN....NIN·S.,AN.,.D......Z.ONIN.,S........B...9þ.R. D ;¡~II¡;
. ", MEMORANDUM STAFF REPORT . "
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MEETING DATE: OCTOBER 18, 2004
AGENDA ITEM: IV. D. - AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION
1.3.6(A), "REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND
MAINTENANCE TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED FOR
NONCONFORMING STRUCTURES.
The item before the Board is that of making a recommendation to the City Commission regarding an
amendment to Land Development Regulations (LOR) Section 1.3.6(A) to allow repair and
maintenance to nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures, pursuant to LOR Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(A), the text of the LOR may from time to time be amended, changed,
supplemented, or repealed. No such action, however, shall be taken until a recommendation is
obtained from the Planning and Zoning Board and until a public hearing has been held by the City
Commission. Any such change shall be made by ordinance, pursuant to procedures found in LOR
Section 2.4.5(M).
.¡~líØí!.iÎl.ÎfJI¡lIìÎì!!!,'i!!I@,i;¡¡!il,j¡,!;;!,j;I!,H¡¡wm!ii',!,' ....
At its meeting of May 17, 1994, the City Commission approved on second reading a text amendment
to LOR Section 1.3.6(A), which established the current language on yearly percentage thresholds on
repair and maintenance of nonconforming structures. The text amendment established the twelve
(12) month timeframe and enabled the Site Plan Review and Appearance Board (SPRAB) to approve
exterior modifications not to exceed 15% of the structures current replacement cost in addition to the
10% threshold on interior work. The text amendment modified LOR Section 1.3.6(A) as follows:
(A) On any nonconforming structure or on a structure containing a nonconforming use, work
may be done on ordinary repairs, or on repair or replacement of fixtures, non bearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current
replacement cost of the structure in any 12 month period. In addition. the Site Plan Review
and Appearance Board may approve exterior modifications to a nonconforminq structure or
a structure containinq a nonconforminq use. provided the modifications do not exceed 15%
of the current replacement cost of the structure in any 12 month period.
During the course of reviewing recent development proposals within the City's historic districts, staff
has identified a concern with regard to the yearly limits. particularly as it relates to contributing
structures within historic districts and individually listed historic structures. Additionally, the current
code only notes that the SPRAB can approve exterior modifications to a nonconforming structure;
however external modifications to structures within historic districts or to individually listed historic
structures outside the districts are approved by the Historic Preservation Board (HPB).
Since most renovations to contributing structures within historic districts and to individually listed
historic structures will exceed the existing percentage thresholds, the current code requirements are
counterproductive to these restoration efforts. A text amendment to LOR Section 1.3.6(A) is proposed
Planning and Zoning Board Staff Report
Amendment to Land Development Regulations Section 1.3.6(A)
Page 2
to add language that exempts contributing structures within historic districts and individually listed
historic structures from the yearly percentage thresholds, and to allow the Historic Preservation Board
(HPB) to approve exterior modifications to nonconforming structures where appropriate.
Comprehensive Plan Policies:
A review of the goals, objectives, and policies of the Comprehensive Plan was conducted and the
following is noted:
Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for
the preservation of historic resources.
Housinq Element Objective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of a
particular neighborhood.
The exemption of contributing structures within historic districts and individually listed historic
structures from the yearly percentage thresholds will enable the City's existing historic resources,
which may be nonconforming, to be rehabilitated and preserved without the restriction on
improvement costs. Thus, the above referenced Comprehensive Plan objectives will be furthered by
the proposed amendment.
Historic Preservation Board (HPB):
At its meeting of September 15,2004, the HPB reviewed and recommended approval of the proposed
text amendment.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set
forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Move a recommendation of approval to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachments: Proposed Ordinance
ORDINANCE NO.\ø';\.-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION
1.3.6, "REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND
MAINTENANCE TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED FOR
NONCONFORMING STRUCTURES; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on , and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the change is consistent with and furthers the
goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure containing a nonconforming use, work may be
done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls, plumbing, or
wiring, provided the repair work does not exceed 10% of the current replacement cost of the
structure in any 12 month period. In addition, the Site Plan Review and Appearance Board
(SPRAB) or Historic Preservation Board (HPB) may approve exterior modifications to a
nonconforming structure or a structure containing a nonconforming use, provided the
modifications do not exceed 15% of the current replacement cost of the structure in any 12 month
period. However, improvements to contributing structures within historic districts or to individually
listed historic structures can exceed the established 10% interior and 15% exterior maximum
thresholds.
(B) If the Chief Building Official declares a nonconforming structure or structure containing a
nonconforming use to be unsafe or unlawful due to its physical condition, such structure shall not
be rebuilt, repaired, or restored, except in conformance with the requirements for the zoning
district in which it is located.
(C) Nothing herein shall prevent the strengthening or restoring to a safe condition, any building or
part thereof declared to be unsafe by the Chief Building Official.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
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01<
I tfl\
CITY.·cOMMI$$I~n"IþOçºMENm~ttIPN I
,
TO:
THRU: OF PLANNING AND ZONING
FROM: JEFFR E LO, ASSIST ANT PLANNING DIRECTOR
SUBJECT: MEETING OF NOVEMBER 2, 2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO APPENDIX "A"
OF THE LAND DEVELOPMENT REGULATIONS (LDRS) REGARDING THE
DEFINITION OF "SIGN".
I BAC.KGROONQ i
At its meeting of June 22, 2004, the City Commission approved an amendment to the Land
Development Regulations, which updated the City's sign regulations. On August 17, 2004,
the City Commission approved an amendment to the Land Development Regulations to
establish regulations regarding ground signs. The proposed text amendment is to provide a
more accurate and precise definition of sign.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies
of the Comprehensive Plan. As noted previously, this amendment is being initiated more for
clarification than to fulfill any specific Comprehensive Plan policy. While the amendment does
not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is
not inconsistent with them.
I PLANNIN6ÄND.ZONING. BÒARDØiN$IDÊRA"~I'N ..~
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
October 18, 2004. There was no public testimony in opposition to the proposed text
amendment. After discussing the amendment, the Board voted 6-0 (Krall absent) to
recommend to the City Commission approval of the proposed amendment to Appendix "A" of
the Land Development Regulations regarding the definition of "Sign", by adopting the findings
of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
I REØ~MMç~~·§ºACTÎO~. I
By motion, move to approve the amendment to Appendix "A" of the Land Development
Regulations regarding the definition of "Sign", by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations,
with second reading to occur on November 16, 2004.
Attachment: Proposed Ordinance
\~C
ORDINANCE NO. 63-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04 BY
AMENDING SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE A
MORE DETAILED DEFINITION OF "SIGN"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish reasonable regulations for the posting of signs on
public and private property in order to prevent safety hazards and protect property values; and
WHEREAS, the City Commission of the City of Delray each, Florida, desires to provide an
accurate and concise definition of signs within its code of ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 3. That Appendix "A", of the Land Development Regulations of the City of
Delray Beach, Florida, be amended as follows:
SIGN: Any device, structure, fixture. object or placard using graphics, symbols or written
copy designed to advertise. provide direction to. or identify an establishment, product,
goods or services.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
__ ____________ n_
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of ,2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2 ORD NO.63 -04
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