10-01-96 Regular
DELRAY BEACH
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~
OCTOBER 1. 1996 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. '1111'
COMMISSION CHAMBERS _
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adapti ve
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
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Regular Commission Meeting
October 1, 1996
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of September 17, 1996
6. Proclamations:
A. Recognizing Kenneth L. Porter on the occasion of his 100th
Birthday - October 8, 1996
B. Heritage Month - October, 1996
C. Domestic Violence Awareness Month - October, 1996
D. Florida City Government Week - October 20-26, 1996
E. Commending the Delray Beach Police and Fire Arson Task Force
OF NOTE:
F. Lupus Awareness Month - October, 1996
G. National Red Ribbon Celebration - October 23-31, 1996
7. Presentations:
A. Paint-Up Delray - November 16, 1996
B. Recognition of City Fire Stations Nos. 1, 2, 3, 4 & 5, and the
Town of Highland Beach Fire Station, by "Operation Life Safety"
of the International Association of Fire Chiefs and the U.S.
Fire Administration as recipients of the 'First Annual Fire
"Safe" Station' awards
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Regular Commission Meeting
October 1, 1996
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 73-96: Adopt a resolution abandoning N.W. 27th
Avenue and a portion of N.W. 2nd Street, and acceptance of
replacement utility easements wi thin the Breezy Ridge Estates
subdivision, located north of West Atlantic Avenue approxi-
mately 3,500 feet west of Congress Avenue.
B. RESOLUTION NO. 74-96: Adopt a resolution authorizing the City
to donate a Police vehicle (1991 Ford Crown Victoria) to the
Citizens on Patrol (C.O.P.) program for Pines of Delray North
Condominium Homeowners Association.
C. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS/FIVE
NON-PROFIT AGENCIES: Authorization to execute funding agree-
ments with five non-profit agencies for FY 1996/97: Boys and
Girls Club, Community Child Care Center, Alpha-Time Children's
Center, Urban League and Mad Dads; with total funding in the
amount of $135,300 from various accounts of the CDBG fund.
D. AMENDED GRANT AWARD CALCULATION FOR DELRAY OAKS: Approve the
amended grant award calculation detailing the final costs
associated with acquisition of the Delray Oaks Ecosite.
E. CHILDRENS' SERVICES COUNCIL GRANT CONTRACT/AFTER SCHOOL
PROGRAM: Approve the Childrens' Services Council grant
contract for funding in the amount of $101,252 for the FY
1996/97 after school programs at the Community Center, Pompey
Park, and the Delray Full Service Center.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period September 16 through
September 27, 1996.
G. AWARD OF BIDS AND CONTRACTS:
1. Bid award to C & B Industry Safety, Inc. via Palm Beach
County contract for the purchase of safety shoes, at an
estimated annual cost of $23,043 from various departmental
operating budget accounts (52.22).
2. Bid award to Ric-Man International, Inc. for Phase I
reconstruction of the Highland Beach Force Main, in the
amount of $368,706 from 442-5178-536-63.92 through budget
transfer from 63.51.
9. Regular Agenda:
A. WATERWAY EAST REOUEST FOR PAVER BLOCK SIDEWALK: Consider
extending the paver block sidewalk down the east side of the
Waterway East Condominium property on Venetian Drive, to match
their internal walkways.
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Regular Commission Meeting
October 1, 1996
B. PROGRESS REPORT FOR KEYSTONE CREATIONS: Consider a progress
report regarding required improvements at the Keystone Crea-
tions facility located on the east side of N.W. 18th Street,
north of Don Francisco's Way.
C. LICENSE AGREEMENT/MUSICIAN'S EXCHANGE. INC. : Consider a
license agreement with Musician's Exchange, Inc. for use of
right-of-way to provide a valet parking queue at 213 East
Atlantic Avenue.
D. SPECIAL EVENT REOUEST/PINEAPPLE FESTIVAL IN THE GROVE:
Consider a request from Pineapple Grove Main Street, Inc. for a
permit to use City rights-of-way, CRA property, and City
services in connection with the First Annual Pineapple Festival
in the Grove on Saturday, October 26, 1996, from 4:00 until
11:00 p.m.
E. CONDITIONAL USE REOUEST/HAMMOCK RESERVE: Consider a
conditional use request to allow 103 zero lot line single
family detached units within the RM-8 (Medium Density
Residential) district associated with the Master Development
Plan for Hammock Reserve development, on a 29 acre portion of
Bloods Grove located on the south side of Linton Boulevard east
of Military Trail. QUASI-JUDICIAL PROCEEDING
1. Report of the Planning and Zoning Board's action regarding
the Master Development Plan for Hammock Reserve.
F. HAY GROUP STUDY/RESOLUTION NO. 75-96: Consider acceptance of
the final Hay Group Classification and Compensation Study and
approval of Resolution No. 75-96 adjusting the FY 1996/97
budget to incorporate same.
G. MUNICIPAL LEAGUE REPRESENTATION: Consider representation to
the Palm Beach County Municipal Leage and designation of voting
delegates, as appropriate.
H. APPOINTMENT TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint one
13-19 year age group member to the Pompey Park Advisory
Committee for a two-year term ending September 13, 1998. The
appointment will be made by Commissioner Kiselewski.
I. APPOINTMENT TO THE EDUCATION BOARD: Appoint a student member
to the Education Board to fill an existing vacancy, for a
two-year term ending July 31, 1998. The appointment will be
made by Commissioner Egan.
J. EVALUATION/CITY ATTORNEY.
K. EVALUATION/CITY MANAGER.
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Regular Commission Meeting
October 1, 1996
10. Public Hearings:
A. LEVY PROPERTY LAND USE ACTIONS:
l. ORDINANCE NO. 41-96: An ordinance providing for a Small
Scale Future Land Use Map amendment from Transitional to
General Commercial for the Levy property located on the
east side of South Federal Highway, between Avenue F and
Avenue G. QUASI-JUDICIAL HEARING
2. ORDINANCE NO. 42-96: An ordinance rezoning the Levy
property from POD (Professional and Office District) and
RM {Medium Density Residential} District to SAD (Special
Activities District). The subject property is located on
the east side of South Federal Highway, between Avenue F
and Avenue G. QUASI-JUDICIAL HEARING
B. SALE OF CITY-OWNED PROPERTY UNDER THE RENAISSANCE PROGRAM:
Consider approval of the Contract for Sale and Purchase to
convey a property as subsidy for an eligible applicant under
the City's Housing Renaissance Program in the amount of $8,500;
the north SO' of Lot 1 Block A, Westside Heights.
l. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve
and authorize issuance of a funding subsidy totaling
$6,511.15 for an eligible applicant under the Delray Beach
Renaissance Program, from HOME Account #118-1923-554-83.01
ll. 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. 34-96: Reconsider an ordinance amending the
Laver's North SAD (Special Activities District) located on the
east side of S.W. 10th Avenue, south of Linton Bouldevard, to
allow the temporary sales and reception building on the north
side of Egret Circle to be incorporated as part of the approved
site plan of record. If passed, quasi-judicial/public hearing
October 15, 1996.
B. ORDINANCE NO. 43-96: An ordinance rezoning the Seacrest
property, located on the west side of Seacrest Boulevard across
from Atlantic High School, from NC {Neighborhood Commercial}
and POD (Professional Office District) to CF (Community
Facilities) District. If passed, quasi-judicial/public hearing
October 15, 1996.
C. ORDINANCE NO. 44-96: An ordinance rezoning the Sandoway House
property, located on the west side of South Ocean Boulevard
between Sandoway Park and Ingraham Park, from RM (Medium
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Regular Commission Meeting .-J . ¡ >' ,..,
October 1, 1996
Density Residential) District to CF (Community Facilities)
District. If passed, quasi-judicial/public hearing October 15,
1996.
D. ORDINANCE NO. 45-96: An ordinance amending LDR Section
2 .4 . 6 (H) , "Temporary Use Permit" , to add "Seasonal Farmer's
Market" as an allowable temporary use. If passed, public
hearing October 15, 1996.
E. ORDINANCE NO. 46-96: An ordinance amending LDR Section 4.6.9,
"Off-Street Parking Regulations" , by adding parking lot
dimension details, striping details, reducing guest parking
requirements, amending compact car marking details and other
minor modifications to related sections. If passed, public
hearing October 15, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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WHEREAS, Kenneth L. Porter was born in Harlem, New
York, on October 8, 1896; and
WHEREAS, Kenneth has been a resident of Delray
Beach since 1968, and currently resides in Abbey Delray South;
and
WHEREAS, as a member of the Delray Beach Lawn
Bowling Club, Ken regularly bowls 5 mornings a week at the
green in Veterans Park and attributes his longevity to the
game; and
WHEREAS, Mr. Porter has had an illustrious career
and among his distinctions, he is believed to be Norman
Rockwell's oldest living model. He was hired by Mr. Rockwell
to pose for a painting which appeared on the cover of the
Saturday Evening Post issue of January 13, 1917; and
WHEREAS, recently, together with his six
grandchildren and twelve great-grandchildren, Kenneth gathered
on Shelter Island, New York, in celebration of both his
children's 50th wedding anniversaries; and
WHEREAS, as the first birthday event ever featured
on the new website for the Today Show, Ken Porter was
interviewed by a member of the NBC staff and will be debuting
on September 30, 1996.
NOW, THEREFORE, I, JAY APLERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby wish
KENNETH L. PORTER
a very HAPPY lOOth BIRTHDAY and further recognize and
congratulate him on his achievements and wish him the best of
health and happiness.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of October, 1996.
MAYOR
JAY ALPERIN
SEAL
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WHEREAS , from its pioneering days Delray Beach has
attracted a variety of ethnic groups who have helped to
shape our City; and
WHEREAS, Delray Beach wishes to recognize the
growing imprint of its ethnic diversity on our historic
environments and way of life; and
WHEREAS, historic preservation in our community is
enhanced by embracing the vitality of diverse people and
cultures; and
WHEREAS , in order to foster appreciation of
cultural diversity, Delray Beach celebrates Heritage Month;
and
WHEREAS, "Heritage Month .... a community responds
to its cultural diversity" is of special interest to the
citizens of Delray Beach.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission
do hereby proclaim the month of October, 1996, as
-HERITAGE MONTH .... a community responds
to its cultural diversity·
in the City of Delray Beach and urge all citizens to join
in the celebration of the historical and cultural heritage
our City so enjoys.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 1st day of October, 1996.
MAYOR
JAY ALPERIN
SEAL
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WHEREAS, the month of October has been designated
as National Domestic Violence Awareness Month; and,
WHEREAS, Aid to Victims of Domestic Assault
(A. V . D . A. ) has served as an emergency shelter for women and
children that are victims of domestic violence in the City of
Delray Beach; and,
WHEREAS, A.V.D.A. has provided emergency assistance
for crime victims; and,
WHEREAS, A.V.D.A. has served 370 individuals during
the year of 1995-1996; and,
WHEREAS, A.V.D.A. has provided information,
referrals, and crisis counseling for 6,089 individuals during
1995-1996; and,
WHEREAS, A.V.D.A. has provided community education
for 175,548 individuals for 1995-1996.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim October 1996 as
DOMESTIC VIOLENCE AWARENESS MONTH
in Delray Beach, Florida, and urge all citizens to participate
in the month-long activities and commend A.V.D.A. for their
supportive services in assisting victims of domestic violence
and recommence their lives.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of October, 1996.
MAYOR
JAY ALPERIN
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WHEREAS, city government is the government closest
to most citizens, and the one with the most direct daily impact
upon its residents; and
WHEREAS, city government is administered for and by
its citizens, and is dependent upon public commitment to and
understanding of its many responsibilities; and
WHEREAS, city government officials and employees
share the responsibility to pass along their understanding of
public services and their benefits; and
WHEREAS, Florida Ci ty Government Week is a very
important time to recognize the important role played by city
government in our lives; and
WHEREAS, this week offers an important opportunity
to spread the word to all the citizens of Florida that they can
shape and influence this branch of government which is closest
to the people; and
WHEREAS, the Governor and Cabinet of the State of
Florida have set aside this week to recognize and honor the
efforts of city governments.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim October 20, 1996 through October 26, 1996 as
FLORIDA CITY GOVERNMENT WEEK
in Delray Beach, Florida, and encourage all citizens, city
government officials and employees to do everything possible to
ensure that this week is recognized and celebrated and
encourage educational partnerships between city government and
schools.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of October, 1996 .
MAYOR
JAY ALPERIN
SEAL
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WHEREAS, recently the Delray Beach Police
Departments' Detective Bureau and Crime Prevention unit, joined
forces with the Fire Department to establish THE DELRAY BEACH
POLICE AND FIRE ARSON TASK FORCE; and
WHEREAS, this task force was established to address
the national problem of Church Arsons, and how they may affect
our City; and
WHEREAS, Police Chief Richard G. Overman and Fire
Chief Robert B. Rehr were both instrumental in encouraging and
supporting the two departments cooperation for this high
profile topic; and
WHEREAS, through the dedicated efforts of the Task
Force, city staff compiled a very informative brochure which
they presented to many of our local churches during an
informative meeting held at City Hall; and
WHEREAS, as a result of this presentation, the Task
Force has become a "leader" in our community, and "the"
authority within Palm Beach County.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby commend
THE DELRAY BEACH POLICE AND FIRE ARSON TASK FORCE
for their dedicated service and innovative ways to combat arson
and crime in our City and encourage continued participation in
the religious facility protection program.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of October, 1996.
MAYOR
JAY ALPERIN
SEAL
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WHEREAS, each year, the Lupus Foundation of America
and its chapters set aside the month of October to show support
for the 1.4 to 2 -million people who have lupus, a chronic,
inflammatory disease in which the body's immune system fails to
serve its normal protective functions and instead forms
antibodies that attack healthy tissues and organs; and
WHEREAS, each year thousands of people are
diagnosed with the disease, ninety percent of them women, and
thousands of others still die from lupus because an exact cause
and cure still have not been found; and
WHEREAS, early diagnosis and proper medical
treatment can significantly help control the disease
demonstrating the need for additional awareness of the symptoms
of lupus among the public; and
WHEREAS , the Lupus Foundation of America is the
largest organization in the world dedicated to finding the
cause of and cure for lupus and has its primary purposes the
eradication of lupus through support of research, the early
detection of undiagnosed cases through awareness promotion and
the alleviation of suffering for persons with lupus through
patient services, education and support.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the month of October 1996 as
LUPUS AWARENESS MONTH
in Delray Beach, Florida, and urge each of our citizens to
observe this month by educating themselves on the symptoms and
effects of lupus, and to join with the Southeast Florida
Chapter of the Lupus Foundation of America in supporting
programs of research, education, and community service.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of October, 1996.
MAYOR
JAY ALPERIN
SEAL
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WHEREAS , drug abuse remains prevalent in Palm
Beach County; and
WHEREAS, residents must turn their energies toward
strengthening families, neighborhoods, and communities and
toward educating people about prevention because data show
that prevention works; and
WHEREAS, our continued commitment to education,
prevention, and building positive lifestyles is imperative;
and
WHEREAS, the 1996 Palm Beach County Red Ribbon
Celebration focuses on the importance of strengthening
parent/community networks by creating an environment in
which our youth may live healthy, safe lives; and
WHEREAS, that during this celebration, we honor
the law enforcement officers in whose memory we use the
symbol of the red ribbon, we look to the strength of a
unified community in restoring the peace and order which has
suffered with the influx of illegal drugs, and that we
support the efforts of our communities to create healthy and
safe neighborhoods.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission
do hereby proclaim October 23 - 31, 1996 as
NATIONAL RED RIBBON CELEBRATION
in the City of Delray Beach, Florida, and encourage its
citizens to wear a red ribbon and all businesses, media, and
public and private institutions display Red Ribbons to
symbolize our commitment to establishing a healthy and safe
community for our citizens, especially our children, and to
participate in events throughout the celebration that
support positive lifestyles.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 1st day of October, 1996.
MAYOR
JAY ALPERIN
SEAL
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MEMORANDUM
DATE: September 24, 1996
TO: City Commission
THRU: George Diaz, Deputy Building Official J))
Community Improv ment
FROM: Jennifer Hofme' Neighborhood Program Specialist
Community I o ement
SUBJECT: Paint-Up Delray
It's that time again! The Community Improvement Department is gearing up for its annual
Paint- Up Delray community event and we're looking for volunteers! We have enclosed a
complimentary video production of Paint-Up Delray for you all to enjoy. We are hopeful it will
inspire those less familiar with the project and excite those of you who participate in the event every
year.
For those of you unfamiliar with the project, Paint-Up Delray is a half day community
house painting event that draws its support from local businesses and banks, non-profit
organizations, residents, and City personnel. Together these groups provide the financial
assistance and labor needed to paint selected homes for those in our community who cannot
do it alone. The whole community's commitment to Paint-Up Delray is what has made this
event such a success.
This year, Paint-Up Delray will be held in the Osceola Park neighborhood on Saturday,
November 16, 1996, from 7:30 AM to 1 :30 PM. Platted in 1913, Osceola Park it is one of
the oldest neighborhoods in the City. The homes have not yet been selected, but we
anticipate painting up to fifteen (15) homes this year. We have estimated the total cost for
the project to be approximately $10,000. This figure would include pressuring cleaning,
paint, paint supplies, T-shirts, and lunch for our volunteers.
Although most of our volunteers are needed to paint homes, there are other activities where
volunteers are wanted. If you are interesting in participating this year, please call me at
x7246.
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FIRE DEPARTMENT SERVlr·JG DELRAY BElICH . GULF STRUM . HIGHLAND BEACH
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1993 TO: DAVID T. HARDEN, CITY MANAGER
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: SEPTEMBER 25, 1996
SUBJECT: PRESENT A TION OF RECOGNITION CERTIFICATE
TO THE CITY COMMISSION
The five fire stations within the City of Delray Beach as well as the new fire station
in the Town of Highland Beach that we service, have been honored by "Operation Life
Safety". This group is sponsored by the International Association of Fire Chief's and the
newsletter is funded by the United States Fire Administration.
The City of Delray Beach is the recipient of the 'First Annual Fire "Safe" Station'
award that has been bestowed upon fire departments that are protected fully by fire
sprinklers. The City's Fire Stations are 100% sprinklered to protect life and property, just
as we advocate the public on the benefits of fire sprinkler protection. As you know, the
Fire Department volunteers the labor for installing the fire sprinkler systems in all the new
Habitat for Humanity homes that are being built within the City of Delray Beach.
In recognition of the honor bestowed upon the City of Delray Beach, I would like
for you to present the certificates to the City Commission at the next Commission meeting.
Thank you for your consideration.
~ ¡gAL
Robert B. Rehr
Fire Chief
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First Annual Fire "Safe" Station Awards Bestowed
New Awards Program Recognizes Fully-5prinklered Fire Stations
Over the past few years or so, it seems as though whatever Significant progress has been made with regard to sprinkler-
fire service publication you read, there is at least one ing commercial, industrial and high-rise structure. However,
article about a fire station burning to the ground. when it comes to issues of private domaine, our homes, nearly
Volunteer or Career, rural or urban, fire departments are equally everyone - inclùding the fire service - neglects this important
vulnerable to the wrath of fire. No matter how sophisticated a fire fire protection option. That is why OLS set out a year ago (see
department's public education campaign is or how well it is taught Mayl) une 1995 0 LS Newsletter) to identify which fire depart-
in a local community, nothing speaks louder than setting by example. ments in the United States felt it important enough to protect not
The International Association of Fire Chiefs and Operation only their community from the ferocity of fire but to protect
Life Safety (OLS) have been promoting the benefits of fixed fire themselves as well.
protection in homes (i.e. quick-response, automatic sprinkler OLS originally intended to do a photo exposé of our nation's
systems) since 1983. Some progress has been made by way of fullysprinkleredfirestationsbutweelectedtotakeadifferentroute
influencing communities to enact sprinkler ordinances in new and honor those fire departments with a new award program, The
construction. Wars have been waged between the home builders, Fire "Safe" Station Award, instead. The following 76 fire stations
the fire service and local political dignitaries (California is a perfect have been bestowed as the first recipients of the Fire "Safe" Station
example) over the residential sprinkler issue. Award: t
.............................
Alhambra Fire Department Lake Dillon Fire Rescue City of Manka to Fire Department Skyland Volunteer Fire Department
Fire Stations No. 72 and No. 74 Fire Station No. I Fire Station No.3 John E. Bishop Station &
AJhambra, California Dillon, Colorado Mankato, Minnesota Avery's Creek Station
Skyland, North Carolina
Annapolis Fire Department City of Evanston Fire Department Medford Fire Department
Taylor Avenue Fire Station Fire Station No.2 Engine No.5 SooWD1aS5-WWkatFlreProœctionDistrict
Annapolis. Maryland Evanston, Illinois Medford. Massachusetts Headquarters Station
Snowmass Village. Colorado
Appleton Fire Department Farmington Hills Fire Department Gty of North Olmsted Fire Department
Fire Stations No.3 and No.5 Fire Stations No.1 and No.2 Fire Station No.1 City of Sugar Land Fire Department
Appleton. Wisconsin Farmingron Hills, Michigan North Olmsted. Ohio Fire Stations No.3 & No.4
Sugar Land, Texas
AptoslLa Selva Fire Protection District Frankfort Fire Protection District Orland Fire Protection District
Fire Station No.1 Fire Stations No.1 and No.2 Fire Station No.2 The Colony Engine Co. 1
Aptos, California Frankfort. Illinois Orland Park, Illinois The Colony. Texas
Arlington Fire Department Egremont Vol. Fire Department Pleasantview Fire Protection District Troy Fire Department
Central Fire Station & Company 1 and Company 2 Fire Stations No. 1.2,3, & 4 Station No.3
Fire Stations No.2 & No. 15 Great Barrington. Massachusetts La Grange Highlands, Illinois Troy, Ohio
Arlingron. Texas
Grand Blanc Fire Department City of Portage Fire Department VlSaIia Fire Department
Beaumont Fire Department Fire Stations No.1. 2, & 3 Central Station & Fire Station No.3 Fire Stations No.2 & No.4
Fire Station No. 14, Grand Blanc, Michigan Portage, Michigan Visalia, California
Beaumont, Texas
Hastings Fire Department Rocldand County Fire Training etc. Village ofWest Thmdee Fire Department
Anderson Township Fire & Rescue Hastings, Minnesota Brewer Fire Engine Co. 1, "West Dundee Public Safety Center"
Fire Station No. 10 Tallman Fire Department & West Dundee, Illinois
Cincinnati, Ohio Independence Fire Department Hillcrest Fire Co.
Station No.1 Pomona, New York Town of West Hartford
Boone County FIre Protection District Independence. Ohio Department of Fire Services
Fire Stations Nos. 1.5,6.8,10.12.&13 San Luis Obispo Co. Fire Deparunent Fire Stations No.2. No.3 and No.4
Columbia. Missouri King of Prussia Vol. Fire Co. No.1 Fire Station No. 13 West Hartford. Connecticut
King of Prussia, Pennsylvania San Luis Osispo, California
Culver City Fire Department Washington Township Fue Department
Fire Station No.1 City of Louisville Fire Department San Marcos Fire Department Stations No.1 and No.2
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Louisville, Kentucky San Marcos, California
CityofDdray Beach Fire Department Woodside Fire Protection District
Town of HigWand Beach Fire Station Madison Fire Department Sierra VISta Fire Department Fire Stations No.7 & No.8
& Fire Stations Nos. 1.2,3,4,5 Fire Station No.8 Fire Station No.2 Woodside, California
Delray Beach, Florida Madison, Wisconsin Sierra Vista, Ariwna
6 September/October 1996 - OLS Newsletter
FJre&:I,i~$afet}'-1\W;¡rdsCon'¡n~'dfrompag'2
I.ancas1:eJ."FirePepartlnent .M()~toeFi.œpePartlnent Oviedo Fire/Rescue
Chief DennisW.Cöle Ghi~W'dliam B. Davin Chief Wayne J.Martin
Lançastet, Souili CaI'Qlina Monroe, Conn«:ticut Oviedo, Flotid:d
I..awœnœTow.I1shipFire Deparunent MounrAiryFireDepartment Palatine Fire Department RuralHalI Fire Department
ChiefJ·]enyWhitaker Chief Wesley H. Greene Chief Richard Payne Chief Rick Plunkett
Iridianpolis, Indiana MoumAiry,. North Carolina Palatine, Illinois Rural Hall, NorthCMolina
Lee's Summit Fire Department NacogdochesFire Department Paradis Volunteer Fire Department RussellviUe Fire Deparnnenr
Chief Richard A. Dyer Chief Fred Green Chief Oliver Dufrene,]r. Chief Ray Hobby
Lee's Summit, Missouri Nacogdoches,Texas Paradis, Louisiana RusseUville,Atkansas
LeMmFire-Rescue NAS Cørpus Christi Fire & Parkside Fire Department Saginaw Charter Township Fin
Chief Wayne Schipper Emergency Servkes Chief Edward]. Leier Department
LeMars, Iowa Chief]oseA. Rodriquez Maplewood, Minnesora Chief Richard Powell
COrplLS Christi, Texas Saginaw, Michigan
Lenc:xa Fire Department Peny Township Fire Department
Chief Kenneth L. Hobbs NAS ]acl<sonville Fire Department Chief Stanley Gibson Salina Fire Department
Lenexa, Kansas Chief Roy E; Bryant Indianapolis, Indiana Chief Tom Girard
]acksonville, Flotida Salina,. Kansas
Limestone Fire Protection District Plainfield Fire Department
Chief Carl D. Smith, II NAS Kellavik FIteDepartment Chief Glen R. Bailey Salem Fire Department
Claremore, Oklahoma C!ûefHaraldurS~n Plainfield,Indiana Chief John R. Nadeau
KeflavikAirport,Icdand Salem, New Hampshire
Usle-Woodridge Fire District Plaquemine Fire Department
Chief Thomas K. Freeman NAS Key West FIte8cE.mergency S= Chief James W. Whitaker Santa Clara Fire Department
Lisle, Illinois Chief RlLSsellBtittain Plaquemine, Louisiana Chief Gerald Simon
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Chief Ronald J. Engle NAS Willow Grove Joint Reserve Base Chief Gary D. Moore SeaTac Fin Services
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Chief Chet Guintini NAS Pensacola Fire Department Chief John R. Fotbes Shawnee Fire Department
Los Banos, California Chief Roger C. Hatcher Poughkeepsie, New York ChiefH.A. Harrley
Pensacola, Florida Shawnee, Kansas
Lyndon Fire Protection District Prospect Heights Vol Fire Cømpany
Chief]ames S. Baker, Sr. Naval BaselInstillation on Andros Island Chief William G. Erney, Jr. Sheboygan Fire Department
Louisville, Kentucky Chief Sean M. Kannaly Ewing, New Jersey Chief Richard Reiss
Andros Island Sheboygan, WISCOnsin
Madison Heights Fire Department Punta Gorda Fire Department
Chief William A Donahue Naval District Washington Chief William Dryburgh Skyland Fire-Rescue
Madison Heights, Michigan Chief Edward G. Srillwell Punta Gorda, Florida Chief Dennis Presley
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Marine Cørp Base Camp Redfòrd T ownsrup Fire Department
Smedley D. Buder Fire Department Needham Fire Rescue Chief Leonard Sobieski Sni Valley Fire Protection District
ChiefH. Clinton Atnetr ChiefRoberrA. DiPoli Resford, Michigan Acting Chief Mark J. Finocchio
Okinawa, Japan Needham, Massachusetts Oak Grove, Missouri
Redings Mill Vol. Fire Department
McKinney Fire Department North Lake Tahoe Fire Proto Dist. Chief L. V. Eads Spananburg Fire Department
Chief Bob Huldaanrz Chief Loren Enstad Joplin, Missouri Cømmander Tommy Wùlard
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Riverdale Fire Services
McMahan Fire Protection District #14 Northville T ownsrup Fire Department Chief Alan R. Shuman Spring Garden Township
Col. Paul C. Barth Chief William A Zhmendak Riverdale, Georgia Vol. Fire Department
Louisville, Kentucky Norrhville, Michigan Chief Joseph F. Barron III
Rockingham Fire Department York, Pennsylvania
McMinnville Fire Department Norton Shores Fire Department Chief Charles D. Troner
Chief Bruce W. Caldwell Chief Harold Wheeler Rockingham, North Carolina Statesville Fire Department
McMinnviIle, Oregon Norron Shores, Michigan ChiefJ. Richard Campbell
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MercerviIle Fire Cø. Oldsmar Fire Department Chief Dale A. Kraus
Chief Gary T. Daugherty Chief Scon W. McGuff Rocky River, Ohio St. Peters Fire Protection District
Hamilton, New Jersey Oldsmar, Florida Asst. Chief Frank Schlenke
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Midland Fire Department Orange Beach Fire/Rescue Chief Ford G. Swauger
Chief David J. Hargarren Chief Mickey Robinson Roseburg, Oregon St. Louis Park Fire Department
Midland, Michigan Orange Beach, Alabama Chief Robert Gill
Roseville Fire Department St. Louis Park, Minnesota
Chief James A. Bodsgard Continued on page 8
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OLS Newsletter - Vol. 11, Nos. 9 & 10 7
Ftre/&:llieSafetyAwards·.·.<:ontinu.dfrompag.7
SUBASEB~t Fire & Rescue Wade HaIt1tonFire Department White BearI..ake Fire Department Wyoming Fire Depanment
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Chief Dick Moore Department-Dublin Chief Patrick Dolgos ChiefDavid A. Price
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Chief Donald E. Kovacs nizes those jurisdictions that have implemented some
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· ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flJ1-"1
SUBJECT: AGENDA ITEM # g.A· - MEETING OF OCTOBER 1, 1996
RESOLUTION NO. 73-96
DATE: SEPTEMBER 27, 1996
This is before the Commission to adopt a resolution abandoning
N.W. 27th Avenue and a portion of N.W. 2nd Street, and acceptance
of replacement utility easements within the Breezy Ridge Estates
subdivision, located north of West Atlantic Avenue approximately
3,500 feet west of Congress Avenue.
The areas proposed for abandonment are the 25 feet north/south
right-of-way known as N.W. 27th Avenue (approximately 405 feet in
length) , and a portion of a 25 foot east/west right-of-way known
as N. W . 2nd Street, adjacent to Lot 14 (approximately 84.13 feet
in length). A replacement easement would be required to cover a
sanitary sewer main which is located within the north end of the
N.W. 27th Avenue right-of-way and continues east on N.W. 2nd
Street. The applicant is requesting the abandonment of these
rights-of-way in order to incorporate the land area into Lots 13
and 14 to accommodate future development of a dialysis clinic.
The Planning and Zoning Board considered this item at its meeting
of August 19, 1996 and voted 7-0 to recommend approval.
Recommend approval of Resolution 73-96.
~ on ~
!
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¡- RESOLUTION NO. 73-96 I
i
i I
A RESOLUTION OF THE CITY CCM-1ISSION OF THE CITY OF
DELRAY BEACH, FOORIDA, VACATI~ AND ABANDONING THE ,
I
RIGHTS-OF-WAY FOR N.W. 27TH AVENUE AND A PORTION OF I
N.W. 2ND STREET WITHIN THE BREEZY RIOOE ESTATES
SUBDIVISION, AS IDRE PARTICULARLY DESCRIBED HEREIN;
AND SUBJECT 'IO CONVEYANCE OF A UTILITY EASEMENT FOR
THE MAINI'ENANCE OF EXISTING FACILITIES.
WHEREAS , the City of Delray Beach, Florida, received an
application for abandonment of N.W. 27th Avenue and a portion of N.W. 2nd
Street wi thin the Breezy Ridge Estates Subdivision, as more particularly
described herein; and
WHEREAS, said application has been processed pursuant to Section
2.4.6(0), "Abandonment of Rights-of-Way" , of the Land Developnent
Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6{O)(3){d), the Planning
and Zoning Board, as Local Planning Agency, formally reviewed this item on
August 19, 1996, and reconunended approval of the abandonment, based upon
posi ti ve findings with respect to LDR Section 2.4. 6 (0) (5), and subject to I
certain conditions; and
WHEREAS, the City Conunission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interest of the I
City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6{O) (5), and subject to the I
conveyance of an access easement for the maintenance of existing I
I
facilities. :
i
~, THEREFORE, BE IT RESOLVED BY THE CITY CCM-1ISSION OF THE
CITY OF DELRAY BEACH, FOORIDA, AS FOLI..C:MS:
Section 1. That pursuant to Chapter 177. 101 (5) and Chapter 166 I
of the Florida Statutes, it is hereby determined to vacate and abandon all i
I
right and interest it holds to the following real property: I
The west 25 feet of the East 47.13 feet of that portion I
of the West Half of the Southwest Qùarter of the I
Northeast Quarter of the Southwest Qùarter of Section I
18, Township 46 South, Range 43 East, Palm Beach I
County, Florida, lying north of State Road 806. I
I
AND
,
"~- _..__..-_. ,-. ~-..-.._... -- .-... - -- -.....-.. -_._.__. -." .-.-
. ---
,
Together with that p::>rtion of the right-of-way for N.W.
2nd Street described as follows:
Bounded on the north by a line 25.0 feet north of and
parallel to the North line of Lot 14, BREEZY RIDGE
i ESTATES, said Plat being recorded in Plat Book 23, Page
¡
105 of the Public Records of Palm Beach County,
Florida, bounded on the South by the North line of said
ü:>t 14, bounded on the East by the Northerly projection
of the East line of said Lot 14 and bounded on the West
by the Northerly projection of the West line of said
ü:>t 14.
Containing 13,886 square feet or 0.31 acres, more or
less.
Section 2. That concurrent with the adoption of this
resolution, the Delray Beach City Canmission hereby accepts and receives
the Grant of Easement fran Foundation Equity, Inc. , a Delaware I
corporation, Grantor, to the City of Delray Beach, Grantee, conveying a I
utili ty easement over a portion of Grantor I s property for purposes of I
installing and maintaining utilities wi thin the property therein
described.
PASSED AND AOOPI'ED in regular session on this the 1 st day of
October, 1996.
!
ATl'EST:
o t.øn '(!)14)Ù,";m I!o dry
C~ty Clerk
- 2 - Res. No. 73-96 I
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- ABANDONMENT
PLANNING OEP AR TMEN r
ory Of DELRAY BEACH, Fl
-- OfCITAL BASE: MAP SYSTeM -- IJ.IoP REF: LIJ.09\
09/23/96 MaN 14:46 FAX 1 407 276 5489 SPIN DIT FED DOW IaJ 002
;
¡
RETURR TO:
This instrument prepared by:
Robert w. Federspiel, Bsq.
I 501 B. Atlantic Avenue
I Delray Beach, FL 33483
I
i
I
GRANT OF EAS.MENT
THIS INDENTURE made and ent.red into this ~ day of ~, 1996,
i by and between FOOJIDATIOH BQUI'1'I, IIIC., a Delaware corporation, Grantor; and the
:
CIn OF DELlULY BBACB, Grant..;
WHEREAS, the Grantor is seized in fee .imple and in po.....ion of land.
¡
described hereinafter; and
!
i WHEREAS, Grant.. requests the conveyance of a utility easement to them over
a portion of Grantor's property for purpose. of installing and maintaining
utilities within such property; and
WHEREAS, Grantor has agreed, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, to grant to the Grante. an
¡
! easement for purposes of public utilities installation and maintenance within
i
,
portion. of the land described below for the purposes and in the manner expressed
below;
NOW, THIS INDENTURE WITNESSETH:
That, in pursuance of this agreement and in consideration of the sum of Ten
:
Dollars ($10.00) and other good and valuable consideration, receipt of which is
acknowledged, Grantor grants unto the Grantee an easement for access for the
,
!
i
!
09/~'3/96 MaN 14:47 FAX 1 407 276 5489 SPIN DIT FED DOW I4J 003
¡
purpose of maintaining those certain existing utility lines lying within a
portion of the property described as follows:
.
The North 25' of the West 25' of the East 47.13 feet of that portion
of the West half of the southwest quarter of the Northeast quarter
of the southwest quarter of section 18, Township 46 south, Ranqe 43
East, Palm Beach county, Florida, lyinq North of state Road 806.
ANt)
:
! TOGETHER with that portion of the riqht of way for s.w. 2nd street
: described as follows:
Bounded on the North by a line 25.0 feet North of and parallel to
the North line of Lot 14, Breezy Ridge Estates, said Plat being
recorded in plat Book 23, Page 105 of the Public Records of Palm
, Beach county, Florida, bounded on the South by the North line of
said Lot 14, bounded on the East by the Northerly projection of the
East line of said Lot 14 and bounded on the West by the Northerly
projection of the West line of said Lot 14.
re.erving unto Grantor all reversionary rights therein upon the abandonment of
, the easement or the Grantee ceasing to utilize the same.
r
The Grantor hereby acknowledges that the city of Delray Beach does not
assume any responsibility or liabili ty with regard to any improvement.,
appurtenances, structures andlor landscaping placed within the easement area.
I
! The Grantor further agrees to hold harmless the City of Delray Beach for any
!
damage caused to any such above-de.cribed improvements placed within the easement
area a. a result of the city of Delray Beach'. utilization of said easement.
!
IN WITNESS WHEREOF, Grantor has set their hand and ..al on the day and year
first above written.
,
! FOUNDATION EQUITY, INC.
BY'~~
Warren G. craig, President
,
,
, .
;
I
!
09/2Z/96 MON 14: 47 FAX 1 407 276 5489 SPIN DIT FED DOW ~ 004
,
STATE OF ~L1J¡ê / (ii$,
COUN'l'Y OF ,µ¡LL-;;rty; D()~
¡
Before me this day personally appeared WARREN G. CRAIG, who is personally
known to ~r who produced as
Identification and who acknowledged before me that he instrument
for the purposes therein expressed. . ~
WITNESS my hand and official seal, this ~3 day of Ù ,
i 1996.
otary publ" .
I State of f
I My C~s8ion expire.:
! COmmis. i~~: t:~REPPARD
I (SEAL):ð M I CoI....Iwi..n cc~
*~ * !-'~Aug.24.1gge
~. ibtded by HAl
I \....Of~ ........
i
; CITY or DELRAY BUCS
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- / ." .'-7. '
I By: ..~' ¿ ;¿/~ /g//---
I // ~ A Y O/R
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,...
APProved as to form:
!
i
I
. By: ~~~
, ~~. city Attorney
i STATE OF FLORIDA
¡ COUNTY OF PALM BEACH
Before me this day personally appeared Jay Alperin of ~he City of Delray
Beach, who is personally known to me or who produced
a. icientllicãtiõñ and who acknowlëdgëd before me that h. executed said instrument
for the purposes therein expressed. ~ ~~
WITNESS my hand and official seal, this .3 - day of ,
1996.
&~~-
! Notary Public
! State of Florida
My commission expire.:
commission No.:
! (SEAL) F ICIAL OTARY SEAL
BARBARA GARITO
! NOTARY PUBUC STATE Of FLORIDA
. COMMISSION NO. CC352011
MYCO!'AMISSION EXP. MAR. 11.1998
To: PAUL DOERlING/CITY OF DElRAY/p&Z
CC:
From: ROBERT W. FEDERSPIEL
Date: September 23,1996
Ie: Foundation Equity
Enclosed is a copy of the revised survey and the revised Grant of
m e m 0 Easement regarding the above-referenced abandonment project.
For your information, Susan Ruby reviewed and approved this
draft of the revised Easement, and the original document is being
delivered to our client for signature today.
from tilt desk of...
ROBERT W. FEDERSPIEL
Spinner, Dittman, Federspiel & Dowling e ~
501 East Atlantic Avenue
~
Delray Beach, Fl 33483 ' _
(561)276-2900 .~
fax: (561)276-5489' ,'1-
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TO: D~DEN' CITY MANAGER
THRU: DI OMIN~~ECTOR
DIRECTOR OF PLANNI G AND ZONING
FROM: CLAIRE L YTE-GRAHAM, PLANNER C./.()
SUBJECT: MEETING OF OCTOBER 1,1996 ***CONSENT AGENDA***
ABANDONMENT OF RIGHTS-OF-WAY AND ACCEPTANCE OF
REPLACEMENT UTILITY EASEMENTS WITHIN BREEZY RIDGE
ESTATES
~:::i::::¡::::::::·[:¡:::¡::::::::j¡:::j[:¡::::::::,::::,:::::':::':::::[·:::,:,::::::'::::':::::::::111111:::B:lllêl:mll:::IØ:::EI':jIIMIJ.BIIIR:·:i¡:¡:::::i::,:j:i:::::::::::::::::i:j¡::::,:::::,:::::;¡:,::::::·::::::::,:¡::·::'::::·:I
The action requested ot the City Commission is approval ot the proposed abandonment
ot N.W. 27th Avenue, abandonment ot a portion ot N.W. 2nd Street, and acceptance ot
a replacement utility easement located within the Breezy Ridge Estates Subdivision.
The subject rights-ot-way are located north ot W. Atlantic Avenue and approximately
3,500 teet west ot Congress Avenue.
J:,::i::::::::¡:j::::ji::[:::·1",·::.:.:::¡:::·;:j:::::¡::::":.::::.:,::,:::::.::::::::,::::'::¡:::'::::::::::.::::;::::::::::::::::j:::::::::.:::::::::::::::::::::::gll~gllll":·:::·::::::::::::::::::::::::::::::::::::::::,:,::.:,::::::::::::::::::::,!:.::::::;:':::::::::::::j:::::::j:::'::'::.:,::i::::::¡::·:::,'::::::::::::::::.:.:···:t
The subject rights-ot-way were dedicated with the recordation of the Breezy Ridge
Estates Subdivision in November, 1953, and have not been improved. The areas
proposed for abandonment are the 25' north/south right-of-way known as N.W. 27th
Avenue (approximately 405' in length), and a portion ot a 25' east/west right-ot-way
known as N.W. 2nd Street, adjacent to Lot 14 (approximately 84.13' in length). During
the review ot the abandonment petition, it was noted that a replacement easement
would be required to cover a sanitary sewer main which is located within the north end
ot the N.W. 27th Avenue right-ot-way and continues east on N.W. 2nd Street. The
applicant is requesting the abandonment ot these rights-ot-way in order to incorporate
the land area into Lots 13 and 14 to accommodate future development of a dialysis
clinic.
City Commission Documentation
Breezy Ridge Estates Rights-of-Way Abandonment
Page 2
~:~¡¡¡~~~~~1tW~¡:¡¡~¡:~¡¡:¡:~¡::¡:¡¡¡¡i¡¡:t::¡¡:¡:¡:::::¡¡:¡¡:¡¡~¡::¡:::::::Î.Î'II¡~¡III:::IIÑJII::::.I.¡¡:IIIÎ'II.I!IÑ:¡¡::¡::¡¡:¡:¡~::·:¡:::::¡::::::¡:::¡:::·:¡:~~·¡:;~~::·:::::¡::¡:~:~:¡:::::::¡::.::~::~¡I
The Planning and Zoning Board considered this item at its meeting ot August 19, 1996.
There was no public testimony on the item. The Board recommended approval on a 7-0
vote.
~::::\:\~~~¡i~~~I,I,I,:\:i::\:i:¡:::::¡:::::\::i:I¡tl,:¡::1,1,::::~~::¡:i¡::::¡::¡::::~::::::::::::¡~::~~:¡¡::::::~::i:¡::::¡i::::::::;::~~:::::::::::::IIIIÎliÑgÎI:~¡1IIÎII::::~:¡¡:::::::::::~~::\:::::::::::::~:¡:::::\::~:::I,:¡I,I,:::~i:\¡i:\::::::::¡::::~::¡:::::¡:~~:~:::\\:¡::::;~::::::;:::¡::;:::~::::::,:,::,;::,,:::,'
By motion, approve the abandonment ot the rights-ot-way through the enactment of
Resolution 73-96, and accept the replacement utility easement.
Attachments:
· Location Map
· Reduced Survey
· Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: August 19, 1996
AGENDA ITEM: III. A.
ITEM: Abandonment of N.W. 27th Avenue and ä portion of N.W. 2nd Street
lying north of Atlantic Avenue and approximately 3500 ft. west of
Congress Avenue within Breezy Ridge Estates subdivision.
...
TE:MPLE
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DELRAY BEACH MUNICIPAL
GOLF COURSE
DR. _S WAY .
GENERAL DATA:
Owner/Applicant............. Foundation Equity, Inc.
Agent.............................. Robert Federspiel, Esq.
Location.......................... North of Atlantic Avenue, 3500 ft. west of Congress Avenue within Breezy
Ridge Estates subdivision.
Property Size.................. 0.31 Acre
Future Land Use Map..... Transitional
Current Zoning............... POD (Professional Office District)
Adjacent Zoning....North: RM (Multiple Family Residential-Medium Density)
East: POD
South: CF (Community Facilities) and POD "
West: RM
Existing Land Use.......... Unimproved right-of-way
Proposed Land Use........ Access road with landscaping buffer to the proposed dialysis clinic.
Water Service................. N/A
Sewer Service................ N/A
III.A.
t¡::¡~::::~~~~~:::::::::¡::¡:¡¡:¡:¡:~¡¡::¡¡¡:¡¡:¡::~¡¡:¡¡:¡¡:¡¡::::¡::¡:~¡:~:¡:¡::;¡¡:!.]::¡¡:¡¡¡:::¡¡¡¡:::~::¡I¡¡5~:I~¡::¡:~::¡¡~I:¡1Î:¡I¡I;]:I~:§:~¡:::¡¡¡:¡::I:¡I:::;:¡::¡¡¡¡¡;I¡¡1¡11¡1¡¡I¡¡:mi,¡:¡'¡:¡:¡:¡¡!¡:¡¡¡¡¡¡¡r.~¡¡ili¡¡1:¡'i,¡¡¡*¡¡¡¡¡¡i,¡¡¡¡¡:¡¡¡¡¡¡¡:¡:¡¡¡¡:¡¡:¡,¡,¡:¡::¡¡¡¡:¡¡:¡¡¡:t
The item before the Board is that of making a recommendation to the City
Commission on abandonment of rights-of-way located within the Breezy Ridge
Estates subdivision. The subject properties are located on the north side of West
Atlantic Avenue, approximately 3,500 feet west of Congress-Avenue.
1:¡¡¡¡¡::¡¡!¡¡¡~::¡::¡::i,:¡:::¡::::¡::I¡¡¡:¡::¡:¡¡'¡¡:::::::¡¡¡¡¡::¡¡¡j¡¡:¡¡::::~¡¡::,:::¡¡:¡¡¡:¡¡:::i::::::::¡¡¡¡:¡:¡::~:¡'¡:i,:~::::::::~¡:¡¡:¡¡~I:¡¡¡¡::I:¡:I:¡1~:I:I:¡:¡I:::I:¡I:¡:I::::I:¡¡::¡¡:i,:::¡¡¡¡¡lli:¡::¡¡::¡:¡::¡~:::¡¡:¡::¡¡:¡¡¡¡¡¡'¡::¡¡M¡'¡*¡¡::¡~{¡:¡¡'¡¡:¡¡¡¡lli::¡::::::*:¡¡¡::::¡¡'¡¡:¡¡:¡:¡¡:¡¡:¡¡::¡¡!::¡::~¡¡¡¡¡:I
The subject rights-of-way were dedicated as streets with the recordation of the Breezy
Ridge Estates subdivision in 1953. The streets have not been improved.
On August 27, 1991, the City Commission approved the acceptance of right-ot-way
via a Quit-Claim deed from the owner, in order to correct a surveyor'_s error on the
plat. The request now before the Board is to abandon the 25' N.W. 27th Avenue
right-of-way, along with a portion of the 25' right-ot-way tor N.W. 2nd Street.
I::::¡:::¡¡¡:::;::::::::::::::¡:::::::::::::::::~:::::::¡:::::::::::1:::::::::::::::::::::::1:::::::::::1;:1:(1::1:¡:11::11::(1¡::1¡¡:11:(8;:1:;::::::::;1::¡1:::I:::Ρ11:Î::¡I::I¡::æ:¡:J¡::I::::I::~:¡::111:¡¡:::i¡:~¡:::¡¡:1:¡:¡::::I:¡:::¡::¡:::¡::¡::¡:::::¡¡::¡:1:¡¡¡¡:¡¡¡¡¡:¡¡:¡:::¡:::¡;:I
A 25' north/south right-of-way known as N.W. 27th Avenue, and a portion ot a 25'
east/west right-of-way known as N.W. 2nd Street are proposed to be abandoned.
N.W. 27th Avenue (approximately 405.2 teet in length) extends trom West Atlantic
Avenue to N.W. 2nd Street. N.W. 2nd Street right-ot-way adjacent to Lot' 14 is
approximately 84.13 feet in length. The applicant is requesting the abandonment of
these rights-of-way in order to incorporate the land area into Lots 13 and 14 to
accommodate a proposed dialysis clinic.
I::,'~,,:':::¡¡:~::::':::¡¡:¡:¡:::::~:¡::¡::;::i,::::::::;i,:¡::::i,:'i,::::¡::,:¡:::::::::¡::::::¡:¡,:::::¡:¡,¡,¡¡:I,il:.,¡::¡:;:::R::¡:Î::¡I::::li:§'¡:li¡¡Î'::¡:¡::¡:¡:¡I¡:¡I:::I¡:¡~¡::Î:i,I:::η::¡Î:¡:¡:::¡::¡:¡¡¡::¡:::::~:¡¡~¡¡:::¡:i::::i:¡:¡:::¡:¡::::::¡:¡¡::¡::,::::::¡:¡¡::¡::¡::i:¡¡¡j¡¡:::::,:~,:::'i¡¡¡:::::::¡::::il
The abandonment areas are 25' in width. Pursuant to LOR Section 2.4.6(O}(1), public
property dedicated through subdivision shall be divided at the center line and returned
equally to abutting parcels when abandoned. The subject rights-of-way represent
one-half ot a proposed street and were dedicated entirely from the Breezy Ridge
Estates subdivision plat. Upon abandonment the entire 25' will revert to the owner of
Lots 13 and 14 (Breezy Ridge Estates Plat).
The subject abandonment areas are bordered to the north and west by property
zoned RM (Medium Density Residential); to the south by CF (Community Facilities);
and to the east by POC (Planned Office and Commercial). The surrounding land
uses to the north are the High Point ot Delray Condominiums; to the ea3t vacant land;
to the west the First Encounter Condos; and to the south, across West Atlantic
Avenue, WIOD Radio Station.
Planning and Zoning Board Staff Report
Breezy Ridge Estates Rights-of-Way Abandonment
Page 2
The section of High Point of Delray Condos located north of the subject abandonment
areas takes access from High Point Boulevard. First Encounter Condos located
immediately west has direct access to West Atlantic Avenue. The remaining six lots
located directly east of Lots 13 and 14 will have access from West Atlantic Avenue or
the unimproved right-of-way of N.W. 2nd Street. With development of these lots and
Lots 13 and 14 cross access between properties will be encouraged.
The utility companies (Florida Public Utilities, FPL, BellSouth, and Adelphia Cable)
have reviewed the requested abandonments and have no objection. BellSouth has
indicated that utility easements may be required when development occurs on the
vacant land to the east. The City's Environmental Services Department has reviewed
the request and has indicated a sanitary sewer main crosses the north end of the
N.W. 27th Avenue right-of-way and continues east on N.W. 2nd Street. An access
easement will be required in order to maintain this segment of line. Provision of an
access easement is attached as a condition of approval.
nfi _ -.. -. _ -..... -. _.. _.... _ _ _.. -.... _ -"" -"".................".... "i!!'" -." _ -....... _ -.. . -.............." _ -"...... r!11r~[ rff~1r""""""'" -." _ T r"·· -.. ".. _I
jii~iit¡~i~i:iii¡i~t~:i:¡Iiii:ijij¡j¡¡jj:jiij¡¡¡iiiiiiii¡:ii~ii¡¡:::iiiiiii¡iijj~i:iiiiiiiiii¡~iiijiji¡i¡i¡¡iiiliiili¡illli~~il¡:liiiiii:liiimiiiilfi¡iJ,ii11:iil:i:J,¡¡liiiliiili¡ii:iiiij1~ii:iiii¡¡iiiiiiiii~¡iiiiiiii¡iiiiiii:iiiiiiii:iiiiiii¡:ii:i¡:ii:iii¡i¡ii:iiiiiiiii::::¡iiiii¡iiiiiii::iiiiiii:¡iii::i:ii
Pursuant to LOR Section 2.4.6(0)(5), prior to any right-of-way abandonment being
approved, the following findings must be made:
A) That there is not, nor will there be a need for the use for the right-of-way for
any public purpose.
A sanitary sewer main exists under the north end of the N.W. 27th Avenue right-of-
way and continues east on N.W. 2nd Street. An access easement is required to
maintain this segment of line. Provision of this access easement is attached as a
condition of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The proposed dialysis clinic, to be constructed on Lots 13 and 14. will take access
from West Atlantic Avenue. When developed. the lots to the east of Lots 13 and 14
will obtain access from West Atlantic Avenue, or N.W. 2nd Street and through cross
access agreements with adjacent Jots.
C) That the abandonment will not result in the detriment for the provision of
access and/or of utility services to adjacent properties or the general area.
Planning and Zoning Board Staff Report
Breezy Ridge Estates Rights-of-Way Abandonment
Page 3
No access is taken from the subject rights-of-way. An easement is being required to
cover the sanitary sewer main located within the N.W. 2nd Street right-ot-way. No
detriment will therefore result.
. '.
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:,,~.~.,>;.;.;.;.:.:.:.;.:.:.:.;.;.;.:.;.;.;.;.;.:~.:.;':';':~';':':'>:~':""':';"':';':'''''''';';''''':';';''.......;.;.;.....;.;.;.;...;.;.;.:.........;.;.;...,...:.;.;...;...;.:.~;...;.".:.;.;.;.;.....;.:...;.;..;~:...;.;.......:.:<.;.~t:.;...:.;.;.;.;.....:.:.:.:·..;..·:·;·;··w;·;·;·.·...·.·:·:·:·.·.·;·>:<·.·.·;·;·;·..;.;~.....;.;.;~...;.;...:.;~.:<.;.:.:.;.;.;.;.:.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.:.;.;.;.;.;~.:.:.;.;.;.;.;
As the subject rights-of-way are unimproved, their intended use is limited. By
abandoning the limited area to private interests, the adjacent lots may be enhanced
through development. A utility easement will be required to cover the 8" sanitary
sewer main within N.W. 2nd Street. The abandonment will not prevent access to
adjacent lots of record.
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1. Continue with direction.
2. Recommend approval of the abandonment subject to positive findings with respect
to LOR Section 2.4.6(0)(5).
3. Recommend denial ot the abandonment based upon a failure to make positive
findings with respect to LOR Section 2.4.6(0)(5).
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By motion, recommend approval of the abandonment of N.W. 27th Avenue right-of-
way, and a portion of the N.W. 2nd Street right-of-way, subject to the following
conditions:
1. That an access easement be provided to maintain existing facilities.
2. That a revised survey showing the access easement and easement agreement be
provided prior to scheduling the abandonment for City Commission.
Attachments:
1:1 Location Map
1:1 Survey
1:1 Preliminary Site Plan of Proposed Dialysis Clinic
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[ITY Dr D5lRR\' BERCH
CITY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE' DELRA Y BEACH, FLORIDA 33444
TELEPHONE 407/243-7823' FACSIMILE 407/243-7816
PE,lR~XB~A}'1 POLICE LEGAL ADVISOR
tw.e.I:II MEMORANDUM
AII·America City
, , II ,! TO David Harden, City Manager
1993 FROM: Eric Hightower, Polica Legal Advisor
DATE: October 1, 1996
SUBJECT: Citizen on Patrol (C.O.P.) Resolutions
--------------------------------------------------------------
--------------------------------------------------------------
Enclosed for your consideration is a revised resolution to place on the Consent
Agenda donating a police vehicle to the C.O.P. Program. This vehicle will
belong to the Pines of Delray North Condominium Association. The City will no
longer have responsibility for the insurance, upkeep or maintenance of the
vehicle.
As with the previously donated vehicles to this program, the City will assume
responsibility for the cost of transferring all title and interest to the association.
If possible, please place the resolution on the October 1, 1996, agenda as the
Department is looking to formally donate the vehicle on that date.
Please feel free to contact me if you have any questions regarding this matter.
EDH ~ +t I
Ibg ~(/17~
Enclosure /0//19(,
xc: Chief Richard Overman
Susan Ruby, City Attorney
Allison McGregor, City Clerk
Michael Wright, Director
®::..
", - _J ...
, I
-
.~ ------ U' ___n_ _ _._.--- .. ----~
II ..-
RESOLUTION NO. 74-96
í A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
DONATE ONE 1991 FORD CROWN VICTORIA, V.I.N. NUMBER
I: 2FACP72GXMX177163, MILEAGE 79,050, TO THE PINES OF
DELRAY NORTH CONDOMINIUM HOMEOWNERS ASSOCIATION.
I'
I the City of Delray Beach, Florida,
I WHEREAS, wishes to
I donate a former Delray Beach Police vehicle to the PINES OF
i DELRAY NORTH CONDOMINIUM HOMEOWNERS ASSOCIATION, for the purpose
!
¡ of crime prevention activities within the City; and
I WHEREAS, it is in the best interest of the City to
I assist PINES OF DELRAY NORTH CONDOMINIUM HOMEOWNERS ASSOCIATION
i
I
! in their efforts to rid our City of criminal activity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 : That the City Commission of the City of
Delray Beach, Florida, hereby authorizes and directs the Delray
Beach Police Department to donate one (1) 1991 Ford Crown
,
i Victoria, V.I.N. Number 2FACP72GXMX177163, to the PINES OF DELRAY
NORTH CONDOMINIUM HOMEOWNERS ASSOCIATION, Delray Beach.
Section 2: That the cost of transfer of title shall be
borne by the CITY OF DELRAY BEACH, FLORIDA.
Section 3: That the terms and conditions contained in
the transfer of title between the City of Delray Beach, Florida,
and the PINES OF DELRAY NORTH CONDOMINIUM HOMEOWNERS ASSOCIATION
I are attached hereto as Exhibit "A".
I in regular session on this 1st day
¡ PASSED AND ADOPTED
I of October, 1996.
¡.
, ATTEST:
, (k ~-n'Il}1~Jltf~ I!Ojir
. City Clerk
i
j
!
I
\.
- . .
. .
EXHIBIT "A"
. GENERAL RELEASE
In consideration fór the resolution donating ONE 1991 FORD CROWN
VICTORIA, V.LN. '2FACP72GXMX177163, MILEAGE 79,000, TO THE PINES OF
DELRAY NORTH CONDOMINIUM HOMEOWNERS ASSOCIATION shall hereby release,
acquit, satisfy and forever discharge the City of Delray Beach and its
representing commissioners, agents, insurers, officers, employees,
successors and assigns from any and all manner of action and actions,
causes of actions, suits, grievances, claims and demands of any kind
regarding ONE 1991 FORD CROWN VICTORIA, V.LN. '2FACP72GXMX177163,
MILEAGE 79,000. This waiver of rights or claims includes, but is not
limited to any claims or causes of action arising out of or involving in
any way the facts surrounding the purchase, care, maintenance, present
condition, defects, safety or donation of ONE 1991 FORD CROWN VICTORIA,
V.LN. '2FACP72GXMX177163, MIr.EAGE 79,000. Nothing herein shall be
deemed to waive any immunities granted to the City of Delray Beach
pursuant to Section 768.28, Florida Statutes.
r771Gy ~~{ (~4
PINES ]OF DELRAY NORTH doHDOKINIUM
HOMEOWNERS ASSOCIATION,
Representative
Approved as to form and
Legal Sufficiency
-2- Res. No. 74-96
.
Agenda I tern No. : ¡ð
AGENDA REQUEST
Request to be placed on: Date: 9/25/96
Regular Agenda
Special Agenda ---
Workshop Agenda
x Consent Agenda When: 10/1/96
.Description of item (who, what, where, how much) : Request approval
to execute agreements for funding with five subject CDBG subrecipients.
Funding to come from various accounts of the DCBG fund. Total funding equals
$135,300.00.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval.
(Example: Recommend approval with from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~NO !j~''
Hold Until: . _.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
--II
(I /
1 IÎ
r,tµ,/ .
vi
Memorandum
To: David Harden, City Manager
CC: Lula Butler, Community Improvement Director\~8
From: Dorothy Ellington, Community Development Coordinator % {:
Date: September 25, 1996
Subject: CDBG Funding Agreements: Boys and Girls Club, MAD
DADS, Alpha Time Child Care Center, Community Child
Care Center and the Urban League
ITEM BEFORE THE COMMISSION
This is to request approval to execute agreements for funding with the subject
CDBG subrecipients.
BACKGROUND
In accordance with 24 CFR 570.301, a Public Hearing was held on]uly 9,1996
before the City Commission to obtain public comments on the proposed use of
funds for the Consolidated Action Plan for Community Development Block Grant
funds. The Action Plan contains appropriations for the agencies as listed above and
was approved by the Commission.
Regulations (24 CFR 570.503) require written agreements prior to disbursement
of funds to subrecipients, specifying the work to be performed by the agency
among other requirements. These agreements have been developed in accordance
with the stated regulations and have been reviewed by the City Attorney for legal
sufficiency.
RECOMMENDATIONS
Staff recommends approval to execute the attached agreements so that funding may
proceed in accordance with Commission approval.
¡.e·
.' ,
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BOYS AND GIRLS CLUB OF PALM BEACH COUN1Y, INC.
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made
this day of , 1996 by and between the City of Delray Beach, hereinafter referred to as
"City" and the Boys & Girls Club of Palm Beach County, Inc., hereinafter referred to as "The
Club" having its principal office at, 600 SW 15th Avenue Delray Beach, Florida, is related to
the provision of $33,800 in Community Development Block Grant Funds in accordance with
budget approval by the City Commission on September 17, 1996. These funds are to be used
to renovate the Catherine Strong Center which is to be the new site for the Club upon the
following terms and conditions:
1. DEFINITIONS
The following definitions are provided for the terms set forth herein:
a. "CDBG" means Community Development Block Grant program.
b. "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 because of patents or copyrights
produced under this grant.
c. "Federal Labor Standards" means the requirement of Section 110 of the
Housing and Community Development Act of 1974 that all laborers and mechanics employed
by contractors or subcontractors on construction work financed in whole or in part with
assistance received under the Act shall be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the Secretary of Labor in accordance with
the Davis-Bacon Act, as amended.
2. STATEMENT OF WORK
a. The City and the Club agree that the City shall:
i) provide $33,800 for the renovation of Catherine Strong Center, at
600 SW 15th Avenue.
ii) provide technical assistance upon request to assist the Club in complying
with the terms of this contract. This assistance shall include monitoring for Davis-Bacon and
related Acts (Labor Standards).
b. The City and the Club agree that the Club shall:
i) award contracts for the renovation of Catherine Strong Center in
accordance with procurement procedures as described in 24 CFR 85.36; and
ii) ensure completion of the renovation of Catherine Strong Center by
providing appropriate work write-ups, building plans and adequate SupervISIon of
construction. Further, the club shall secure all necessary bonding and accept all liability as it
may relate directly or indirectly from the construction, and hold harmless and indemnify the
City from all construction related deficiencies and liabilities of whatsoever kind as it relates to
the construction and renovation.
3. RECORDS AND REPORTS
The Boys and Girls Club agrees to ensure the submission of all contractor
payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community
Development Coordinator a copy of the Bid Specification packet to assure the inclusion of all
federal requirements. The Club further agrees to submit upon request other documentation
which may later be determined necessary to assure compliance with this agreement.
4. PROGRAM INCOME
Funding is provided to pay the costs of renovation to Catherine Strong Center. It
is not anticipated that Program Income as defined in Section 2 of this agreement will be
generated from these funds. In the event that Program Income is generated, the income may
be utilized as operating funds for the Boys and Girls Club of Delray Beach.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the Club agrees to provide copies of
independent professional audits of its financial activities in order to determine whether CDBG
funds have been expended as intended.
6. MONITORING
The Club agrees to make its records available to the City to assure compliance
with applicable Federal and local requirements. The Club further ~grees to allow access for
site visitation by Federal Monitors as warranted.
7. DETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Club agrees to retain supporting documentation relating to activities funded
by this grant for a period of three years from the date of September 30, 1997.
8. OTHER PROGRAM REQUIREMENTS
a) The Club certifies that no person shall on the grounds of race, color,
national origin or sex, be denied participation in the organization's activities.
b) The Club agrees to carry out activities for which CDBG funds are
provided in compliance with all local and Federal laws and Regulations as described in OMB
Circular A-I33, OMB Circular A-I22 and OMB Circular A-IIO, copies of which are provided
for reference.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination of this agreement
may occur if the Boys and Girls Club materially fails to comply with any term of this
agreement. This agreement may be terminated for convenience in accordance with 24 CFR
85.44.
10. This Agreement contains all of the parties binding representations to one another. Any
amendments or modification hereto must be in writing.
BOYS AND GIRLS CLUB
OF PALM BEACH COUNlY, INC.
Q~~ BY:
PRESID
. ~
yr¡~ 0A Jfl)Jf
cm OF DELRAY BEACH, FLORIDA
ATIEST: BY:
MAYOR
CITY CLERK
,
APPROVED AS TO FORM:
"
CITY ATTORNEY
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
FOR MAD DADS OF GREATER DELRAY BEACH
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made
this _ day of , 1996 by and between the City of Delray Beach,
hereinafter referred to us "City" and Men Against Destruction Defending Against Drugs of
Greater Delray Beach, hereinafter referred to as "MAD DADS", having its principal office
located within the corporate limits of Delray Beach, florida, is related to the provision of
$58,500.00 in Community Development Block Grant Funds to be used for salary of two full-
time positions to assist III City's Neighborhood Stabilization efforts.
WHEREAS, The MAD DADS organization has identified goals and objectives which are
consistent with Goals and Objectives of the City's Comprehensive Plan and Consolidated Plan,
and;
WHEREAS, The City Commission has determined through a formal Public Hearing that
the use of Community Development Block Grant funds for this purpose is appropriate, and;
WHEREAS, Authorization to award these funds was granted per the budget approval of
the City Commission on September 17, 1996, and;
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS
The following definitions are provided for the terms set forth herein:
a. "CDBG" means Community Development Block Grant program.
b. "City" means City of Delray Beach.
c. "MAD DADS" means Men Against Destruction Defending Against
Drugs.
d. "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
I
produced under this grant.
2. STATEMENT OF WORK
a) MAD DADS shall use the CDBG funds provided to pay the salaries of two
full-time positions charged with the following activities:
i) Coordinating CrIme prevention activities through
neighborhood/ resident associations.
ii) Establishing Support Groups for parents of children identified by
the local school system as economically disadvantaged;
iii) Organizing mentors for high risk youth;
iv) Organizing supervised recreation programs such as weekly
dances, basketball games, music groups etc.;
v) Working with local schools providing drop-out prevention
programs;
vii) Other activities which contribute to the
Stabilization/Revitalization of the CDBG Target Area which has as its boundaries, 1-95 to the
West, Federal Highway to the East, Lake Ida Road to the North and Linton Boulevard to the
South.
b) The City shall:
i) release 26 equal payments of $2,250 to MAD DADS beginning
October 11, 1996 and continuing bi-weekly thereafter through September 30, 1997. The
funding shall not exceed the Commission-approved dollar amount of $58,500.00, which
includes salaries, FICA, and partial payment of health Insurance benefits.
ii) provide technical! supportive assistance through the
Departments of Parks and Recreation, Police and Community Improvement to ensure the
success of the MAD DADS efforts. Technical assistance shall include the use of public facilities,
and in-kind donations of operating supplies, i.e. copying services.
2
3. RECORDS AND REPORTS
MAD DADS shall submit prior to the disbursement of CDBG funds,
Monthly activity reports indicating hours worked in accomplishing goals. The report at a
minimum shall identify progress made, problems encountered and proposed solutions to same.
Reports shall be due in the Community Development Office by the 15th day after the end of
each month. Time Sheets shall reflect actual hours worked by the Administrators of the MAD
DADS organization.
MAD DADS agrees to submit upon request other documentation which
may later be determined necessary to assure compliance with this agreement.
4. PROGRAM INCOME
Funding is provided to pay the costs of salaries and benefits of two full-time
positions. It is not anticipated that Program Income as defined in Section 2 of this
agreement will be generated from these funds. In the event that Program Income is
generated, the income may be used to increase the scope of the MAD DADS program.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the MADDADS organization agrees
to provide copies of independent professional audits of its financial activities in order to
determine whether CDBG funds have been expended as intended.
6. MONITORING
The MAD DADS organization agrees to make its records available to the City in
order to assure compliance with applicable Federal and local requirements. The organization
further agrees to allow access for site visitation by Federal Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The MAD DADS organization agrees to retain supporting documentation
relating to activities funded by this grant for a period of three years from the date of September
30, 1997.
3
8. OTHER PROGRAM REQUIREMENTS
a) MAD DADS certifies that no person shall on the grounds of race, color,
national origin or sex, be denied participation in the organization's activities.
b) MAD DADS agrees to carry out activities for: which CDBG funds are
provided in compliance with all local and Federal laws and Regulations as described in OMB
Circular A-133, OMB Circular A-122 and OMB Circular A-IIO, copies of which were
previously provided on August 9, 1993.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination of this agreement
may occur if the MAD DADS materially fails to comply with any term of this Agreement. This
agreement may be terminated for convenience in accordance with 24 CFR 85.44.
10. This Agreement contains all of the parties binding representations to one
another. Any amendments or modification hereto must be in writing.
WI'I)'ESSES: ~ MAD DADS 0ZlJ} ?LI
(~7 .~~ By: (¿
PRESIDENT! ADMINISTRATOR
---------------------------
CITY OF DELRA Y BEACH, FLORIDA
By:
MAYOR
ATIEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATIORNEY
4
AGREEMENT FOR FUNDING AND ACCEPTANCE
OF FUNDS FOR ONE PART-TIME POSITION BETWEEN
THE CITI OF DELRAY BEACH AND ALPHA-TIME CHILDREN'S CENTER
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made
this day of , 1996 between the City of Delray Beach, hereinafter referred to as "City" and
the Alpha-Time Children's Center of Delray Beach, hereinafter referred to as the "Center",
having its principal office located at 770 Southwest 12th Terrace, Delray Beach, Florida is
related to the provision, as per the budget approval by the City Commission on September 17,
1996 and effective October 1, 1996, of $10,000.00 in Community Development Block Grant
Funds to the Center to pay the salary of one part-time teacher at 20 hours per week upon the
following terms and conditions:
1. DEFINITIONS
a. "Center" means the Alpha-Time Children's Center
b. "City" means the City of Delray Beach
c. "Program Income" means gross income received directly generated from
the use of CDBG funds.
2. STATEMENT OF WORK
The City agrees to disburse monthly payments of $833.33 no later than the last working
day of each month, beginning in October, 1996 and continuing through September, 1997.
The funding shall not exceed the Commission approved dollar amount of $10,000. Monthly
release of funds shall be in accordance with this Agreement and subject to the approval of the
Community Development Coordinator and the Director of Community Improvement.
3. RECORDS AND REPORTS
The Center agrees to provide to the City a monthly attendance and enrollment roster
which identifies the number of enrollees and levels of family income. This report must be
presented no later than the first working day of each month. Additionally the Center agrees to
provide monthly time sheets to the City reflecting actual time worked by the CDBG grant-
funded Administrator.
4. PROGRAM INCOME
The Center agrees to use the funds provided only for the pa~ent of salary and that no
part of CDBG funds will by used to generate Program Income.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the Center agrees to provide copies of
independent professional Audits of Center's financial activities in order to determine whether
CDBG funds have been spent as intended.
G. MONITORING
The Center agrees to make its records available to the City in order to assure
compliance with applicable Federal and local requirements. The Center further agrees to
allow access for site visitation by Federal Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Center agrees to retain supporting documentation relating to the part-time
teacher and related activities for a period of three years, dating from September 30, 1997.
8. OTHER PROGRAM REQUIREMENTS
The Center certifies that no person shall on the ground of race, color, national origin or
sex, be denied participation in the Center's program activities. The Center further agrees to
carry out the activity for which CDBG funds are provided in compliance with the policies,
guidelines, and requirements of OMB Circulars A-110, A-122, and A-133, as applicable, as
they relate to the acceptance and use of Federal funds under this part, copies of which are
provided for reference.
9. SUSPENSION AND TERMINATION
2
In accordance with 24 CFR 85.43, suspension or termination of this agreement
may occur if the Center materially fails to comply with any term of this Agreement. This
agreement may be terminated for convenience in accordance with 24 CFR 85.44.
10. This Agreement contains all of the parties binding representations to one
another. Any amendments or modification hereto must be in writing.
ALPHA-TIME CHILDREN'S CENTER
WITNESSES: By: ékJ~-A-' (', J oyL
-
DIRECfOR
CITY OF DELRA Y BEACH, FLORIDA
By:
MAYOR
A TrEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATIORNEY
3
,..
AGREEMENT FOR FUNDING AND ACCEPTANCE
OF FUNDS FOR ONE FULL-TIME POSITION BETWEEN
THE CITY OF DELRA Y BEACH AND THE DELRA Y BEACH
COMMUNITY CHILD CARE CENTER
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made
this day of , 1996 between the City of Delray Beach, hereinafter referred to as "City"
and the Community Child Care Center of Delray Beach, hereinafter referred to as the "Center",
having its principal office located at 555 Northwest 4th Avenue, Delray Beach, Florida is
related to the provision, as per the budget approval by the City Commission on September 17,
1996 and effective October 1, 1996, of $21,000.00 in Community Development Block Grant
Funds to the Center to pay the salary of one full-time administrative position at 40 hours per
week upon the following terms and conditions:
1. DEFINITIONS
a. "Center" means the Delray Beach Community Child Care Center.
b. "City" means the City of Delray Beach
c. "Program Income" means gross income received directly generated from
the use of CDBG funds.
2. STATEMENT OF WORK
The City will disburse monthly payments of $1,750.00 no later than the last
working day of each month, beginning in October, 1996 and continuing through September,
1997. The funding shall not exceed the Commission approved dollar amount of $21,000.
Monthly release of funds shall be in accordance with this agreement and subject to the
approval of the Community Development Coordinator and the Director of the Department of
Community Improvement.
3. RECORDS AND REPORTS
The Center agrees to provide to the City a monthly attendance and enrollment
roster which identifies the number of enrollees and levels of family income. This report must
-
be presented no later than the first working day of each month.
Additionally the Center agrees to provide monthly time sheets to the City reflecting actual time
worked by the CDBG grant-funded Administrator.
4. PROGRAM INCOME
The Center agrees to use the funds provided only for the payment of salary and
that no part of CDBG funds will by used to generate Program Income.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the Center agrees to provide copies
of independent professional Audits of Center's financial activities in order to determine
whether CDBG funds have been spent as intended.
6. MONITORING
The Center agrees to make its records available to the City in order to assure
compliance with applicable Federal and local requirements. The Center further agrees to
allow access for site visitation by Federal Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Center agrees to retain supporting documentation relating to the full-time
administrative position and related activities for a period of three years, dating from
September 30, 1997.
8. OTHER PROGRAM REQUIREMENTS
The Center certifies that no person shall on the ground of race, color, national origin or
sex, be denied participation in the Center's program activities. The Center further agrees to
carry out the activity for which CDBG funds are provided in compliance with the policies,
guidelines, and requirements of OMB Circulars A-IIO, A-I22, and A-I33, as applicable, as
they relate to the acceptance and use of Federal funds under this part, copies of which are
2
~
provided for reference.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination of this agreement
may occur if the Center materially fails to comply with any term ,of this Agreement. This
agreement may be terminated for convenience in accordance with 24 CFR 85.44.
10. This Agreement contains all of the parties binding representations to one
another. Any amendments or modification hereto must be in writing.
DELRA Y BEACH COMMUNITY CHILD CARE CENTER
wdJ By: 1n~ /( xL~
IRECfOR
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATIEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATIORNEY
3
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
FOR THE URBAN LEAGUE OF PALM BEACH COUN1Y
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") made this day of , 1996 between the
City of Delray Beach, hereinafter referred to as "City" and the Urban League of Palm County,
hereinafter referred to as the "Urban League", having its principal office located at 1700 North
Australian Avenue, West Palm Beach, Florida and its satellite office at Carver Service Center,
301 Southwest 14th Avenue Delray Beach, Florida, is related to the provision, as per the budget
approval by the City Commission on September 17, 1996 and effective October 1, 1996, of
$12,000.00 in Community Development Block Grant Funds to the Urban League to be used to
offset the Administrative Costs associated with Housing Counseling and Emergency
Intervention programs of the Urban League. This Agreement is entered into upon following
terms and conditions:
1. DEFINITIONS
a. "CDBG" means Community Development Block Grant program.
b. "City" means the City of Delray Beach
c. "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.
2. STATEMENT OF WORK
a) The Urban League shall use the CDBG funds provided to pay the
Administrative Costs associated with Housing Counseling and Emergency Intervention
programs charged with the following activities:
I
i) Emergency intervention including food, energy and shelter
assistance referral;
ii) Housing Discrimination Counseling and Referral.
b) The City shall:
i) disburse an initial payment of $1,000.00 on October 11, 1996 to
cover administrative costs for the month of October. Each month thereafter, the City shall
disburse monthly payments of $1,000.00 beginning November 1996 and continuing through
September 1996. The funding shall not exceed the Commission-approved dollar amount of
$12,000.00. Monthly release of funds shall be in accordance with this agreement and subject
to the approval of the Community Development Coordinator and the Director of Community
Improvement;
ii) provide technical! supportive assistance in order to assure the
success of the housing counseling program.
3. RECORDS AND REPORTS
The Urban League shall submit prior to the disbursement of CDBG funds,
Monthly activity reports indicating hours utilized in accomplishing goals. The report at a
minimum shall identify the number of households served, household income category,
households racial category and number of female heads of household. This report shall be
submitted on form HUD 4949.5 Grantee Performance Report/Direct Benefit Activities
(attached). Reports shall be due in the Community Development Office one week before the
release of each check. Time Sheets shall reflect actual hours worked by the Delray Beach
Satellite Office Coordinator
The Urban League agrees to submit upon request other documentation which
may later be determined necessary to assure compliance with this agreement.
2
·
4. PROGRAM INCOME
Funding is provided to pay the Administrative costs associated with Housing Counseling
and Emergency Intervention programs of the Urban League.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the Urban League agrees to provide
copies of independent professional audits of its financial activities in order to determine
whether CDBG funds have been expended as intended.
6. MONITORING
The Urban League agrees to make its records available to the City in order to
assure compliance with applicable Federal and for site visitation by Federal Monitors as
warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Urban League agrees to retain supporting documentation relating to
activities funded by this grant for a period of three years from the date of September 30, 1997.
8. OTHER PROGRAM REQUIREMENTS
a) The Urban League certifies that no person shall on the grounds of race,
color, national origin or sex, be denied participation in the organization's activities.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination of this agreement
may occur if the Urban League materially fails to comply with any term of this Agreement.
This agreement may be terminated for convemence In accordance
with 24 CFR 85.44.
10. This Agreement contains all of the parties binding representations to one
another. Any amendments or modification hereto must be in writing.
3
THE URBAN LEAGUE OF PALM BEACH COUNTY
BY: ~f¡¡t(j . tp. ~
PRESIDENT/ ADMINIS'fRATOR
WITNESs
CI1Y OF DELRA Y BEACH, FLORIDA
By:
MAYOR
A ITEST:
CITY CLERK
APPROVED AS TO FORM:
CITY AITORNEY
4
. l//
L I
ì")I.' .'.
L '
TO: DAVID T. HARDEN, CITY MANAGER
~ ~\
THRU: E DOMINGUEZ, DIR~
DEPARTMENT OF PLANN G AN ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~ ~
SUBJECT: MEETING OF OCTOBER 1,1996 "'''' CONSENT AGENDA """
AMENDED GRANT AWARD CALCULATION FOR DELRAY OAKS
I::·:'::·;:::::::::;;':::,':::,:::::::,::::::,:::::::::::::::::::·::::::;:;.:.::::.:::::.:::ÎIDII::::ÎÎIII11I1:::lì]~BI::.§IMlì.III::·::·::::::::::::::::::[:::::::::::::::::::::::::::::::::¡::::::::::::::[::::::::::::::[::':::::::~
The action requested of the City Commission is that of approval of the amended Grant
Award Calculation for Delray Oaks,
The Grant Award Calculation, detailing the final costs associated with acquisition of the
Delray Oaks Ecosite, was approved by the City Commission at their meeting of August
6, 1996. Subsequent to approval, it was noted that the cost of the title insurance
policy, listed originally under the purchase price, should have been listed under
acquisition expenses. This internal correction did not change the total project cost or
cost sharing, but requires a clerical amendment to the previous approval for accuracy.
The Florida Communities Trust has already awarded the grant of 50% of the total cost
to Palm Beach County.
By motion, approve the amended Grant Award Calculation for Delray Oaks.
Attachments:
. Grant Award Calculation
. 9/16/96 Letter from Palm Beach County
S:\adv\CCOAKS6
¡. D·
September 19, 1996
Department of Environmental
Resources Management Mr. John Walker, Project Coordinator
3323 Belvedere Road. Building 502 Planning Department
West Palm Beach. FL 33406 City of Delray Beach
(561) 233-2400 100 N.W.1stAvenue
Suncom: 274-2400 Delray Beach, FL 33444
FAX: (561) 233-2414 Dear Mr. Walker:
SUBJECT: AMENDED GRANT AWARD CALCULATION FOR THE
. DELRAY OAKS NATURAL AREA
Enclosed are five originals of the Amended Grant Award Calculation for the Defray Oaks
Palm Beach County Natural Area. The Grant Award Calculation approved by the City, the County, and Florida
Board of County Communities Trust (FCT) in August showed the purchase price for the Land Resources
Commissioners Investment tract as $387,000, which was paid to the owners at closing. However, that figure
Ken L. Foster. Chairman included $385,000 for the cost of the land and $2,000 for the title insurance policy. The
owners had obtained the title insurance policy, and the County reimbursed them at closing.
Burt Aaronson, Vice Chairman
Karen T. Marcus FCT has requested that the Grant Award Calculation be amended to show the correct
figures. The other figures in the document have been revised to reflect these changes. The
Carol A. Roberts revisions are indicated on the enclosed copy of the original Grant Award Calculation for your
information.
Warren H. Newell
Mary McCarty The respective shares of the project costs and the total project costs do not change; this is
only a bookkeeping correction. FCT has already sent the matching funds to the County.
Maude Ford Lee
We understand that this amendment will be scheduled for consideration at the October 15,
1996 City Council meeting. If you have any questions regarding the Amended Grant Award
County Administrator Calculation, please contact Kathleen Brennan at 561/233-2494. Thank you for your
assistance.
Robert Weisman. P.E.
~~.
Richard E. Walesky, Director
Environmental Resources Management
REW:RLR
Enclosures (6)
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
L'L..I 1. ',_,(-,1 II I. i II ! J I.J,.J-\.,_' I '-i.....,.. -".¿'-+ _;..:....... ..:... '.¿' I ...) "¿'I_-r-' .....:. -.J"¿ J......,........ I . ._'....
> ,
... .
CITY OF DELRA Y BEACH and
PALM BEACH COUNTY
Delray Oaks NaturãI Area
FCT Project #94-005-P4A
FCT Contract #
Date:
-
-
1IAMENDED GRANT AWARD CALCULATION
TOTAL PROJECT COSTS
Land Purcbase Price
A & A Associates $2,800,OOO.00( 1)
Land Resources 3 85 000 00(1)
Total Land Purchase Price $3,] 85,000.00
Acquisition Expenses
Appraisals _n $ 3,900.00
Appraisal Review 95] .38
--Tide Search 590.00 -
Title Insurance 2,000.00
Negotiating fees 31,000.00 --
Survey 5.14600
Total Acquisition Expenses $ 43,587.38 (2)
Total Project Costs $" ""'8 :')gl "'8
. Jt~'" -" ..)
COJ\iIPUTt\TTON OF GRANT AWARD AN'D LOCAL MATCH AMOUNT
FCT Award Computation
Share of Purchase Price $1,592,500,00
Share of Acquisition Expenses 21.793 69
Total Share of Project Costs $1,614,293.69 (3)
City and County
Share of Purchase Price $1,592,500.00
Share of Acquisition Expenses 21.793 ó9
Total Share of Project Costs $1.614293.69
Total Project Costs $3.228.58738
.-
ULI I. I·.--ut U"I. rll 1 n.1.r.......... ..J./"... ....)I...J"-+;:)J:......:.:.,.....'.-/i ~ ·.-·Ct-· .1.-:' _.I'~ ,L.....,. J...J. I . '._l·._!
. -
.
CITY Of DELRA Y BEACH and
PALM BEACH CÓUNTY
Delray Oaks Natural Area
FCT Project #94-005-P4A
FCr Contra.ct #
Date: -
Page Two -
COMPUTA nON OF PREPAIDS, REIMBURSEMENTS AND ADDITIONAL COSTS
FLORIDA COMl\-fUNITIES TRUST
FCT Prepaid Project Costs
Appraisal Review $ <J51.38
\ Total Prepaid Costs $ 951.38
-
FCT Amount Due
Share of Total Project Costs $1,614,293.69
Less Total Prepaid Costs 951.38
Total Amount Due from PCT $1.613.342.3!
-
CITY and COUNTY
--
COUllty Prepaid Project Costs
Land 'Purchase Price $3,185,000.00
Appraisals 3,900.00
Negotiating Fees 31,000.00
_ Title Insurance 2,000.00
Title Search 590.00
Survey . 5 146.00
Total Prepaid Costs $3,227,636.00
County Amount Due
County Share of Land Purchase Price $1,592,500.00
Plus County Share of Acquisition Expenses 21,793.69
Less County Prepaids 3·2?7.636.00
Total Amount Due To County ~1.613:342.31
County AdditioJ1al Costs
Record Grant Award Agreement 199.00 (4)
Total Additional Costs $ 69.00
'-
· -
CITY Of DELRA Y BEACH and
PALM BEACH COUNTY
Delray Oaks Nanll~al Area
FCT Project #94-005-P4A
FCT Contract #
Date:
Page Three
*AMENDED TO REFLECT THE CORRELl I~URCHAS£ PRICE AND TO ADD THE COST OF
TITLE INSURANCE FOR THE LAND RESOURCES PARCEL. THE COST OF TITLE
INSURANCE WAS L'iCORRECTL Y INCLUDED IN THE PURCHASE PRICE IN THE
ORIGINAL PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS STATEMENT.
Notes:
----
(I) Maximum approved purchase price oftheA & A Associates parcel is $3,032,000 and the maximum
approved purchase price of the Land Resources Investment Company parcel is $423,000 pursuant to
memorandum dated March 1, 1996, tram Stephen Boyle to Anne Peery.
(2) Pursuant to the terms of the option agreements, the sellers paid the costs of the title insurance
conunitments and the environmental site assessments.
(3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall be the
lesser of$I,781,650.00 or 50% of the total project costs.
(4) Disbursed to Clerk of the Court, Palm Beach County, at time of reimbursement £ì-om FCT.
The foregoing calculation of grant award a.nd total project costs is hereby a.pproved by the undersigned.
CITY of DELRA Y BEACH, a FLORIDA COIVlJ\.1lThTJTIES TRUST
municipality within the State of Florida
By:
Its: By: James F. Murley, Chair
Date: Date:
Approved as to form and legality Approved as to form and legality
Date: Date:
PALM BEACtI COUNTY, a political
subdivision ofthe State of Florida
By:
Its:
Date: -
Approved as to form and legality
Date:
-
Agenda I tem No.: gé'
AGENDA REQUEST
Date: Sept. 23, 1996
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 1. 1996
Description of agenda item (who, what, where, how much) : Request approval
of and signature for Children's Services Council 1996-97 Provider Contracts in the
amount of $101.252.
ORDINANCE/ RESOLUTION REQUIRED: YES/;;) Draft Attached: YES/NO
. /
---" ~,ý
Recommendation: Approval and signature.
Department Head Signature:
Determination of Consistency Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: §; NO 1fJv/ ~ ~t:X~;·
Approved for agenda:
Hold Until: I \'... ~~.. ,
Agenda Coordinator Review: ¿. ~7~' f~';~W8j) AW; 7
{ <.....ê-- ~ A PI'12 (J£/)
Received:
Action: Approved/Disapproved
· it¡
,
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Joe Weldon, Director ~
Parks and Recreation pt
FROM: J. Dragon, Assistant Director
Parks and Recreation Dept.
DATE: September 24, 1996
SUBJECT: Childrens' Services Council Grant Contract
The attached agreement is to provide funding fÌ'om the Childrens' Services Council of up
to $101,252. for the Delray Beach Parks and Recreation Dept. to conduct an after-school
program for Delray Beach Elementary school students. These monies will help provide
after-school recreational, educational, and social services for approximately 400 students.
Approximately 90% of the children are "latch-key" children.
The program will be housed at three sites; the Community Center, Pompey Park, and the
Delray Full Service Center and will include recreational activities at various City facilities.
The capacity is 100 children each at the Community Center and Full Service Center and
200 children at Pompey Park. This contract was reviewed and approved
by the City Attorney's office.
cc: File
anlS.middle sdrool agreement
¡.£
·
, Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 1
¡' AGREEMENT
t
THIS AGREEMENT, entered into as of this 1st day of October,
1996, by and between the Children's Services Council of Palm Beach
County, a political subdivision of the State of Florida
(hereinafter referred to as "Council") and City of Delray Beach
Parks « Recreation Department (hereinafter referred to as
"Provider"), for the period from October 1, 1996 ("Effective
Date"), to September 30, 1997. The Council, at its option, may
extend the term of this Agreement for one additional one-year
period without reviewing the program hereunder funded as part of a
competitive RFP process. The renewal option set forth in this
paragraph, however, does not guarantee the Provider that the
Council will exercise its renewal option hereunder. Renewal will
be determined by the Council, in its sole discretion; this
determination will be based in part upon review of the program
evaluation and fiscal monitoring of the program.
WIT N E SSE T H: In consideration of the mutual
agreements hereafter contained, the parties, intending to be
legally bound, hereby agree as follows:
THIS AGREEMENT has been entered into pursuant to the Council's
1996-97 Application/RFP process and Provider's response thereto
and any addendums accepted by the Council. Those portions of
Exhibits A, B, C and D contained herein that differ from the
original proposal or application shall be deemed to be addendums
thereto and shall control over any inconsistent provision of the
_, original proposal.
1. The Council agrees to reimburse to the Provider sums up to
$101,252 for provision of services described in the attached
Exhibit "A" (consisting of the Program Evaluation Model)
attached hereto and made a part hereof; composite Exhibit "B"
(consisting of the CSC Budget Forms A and B submitted by
Provider) attached hereto and made a part hereof; and Exhibit
C (consisting of the Program Data Form) attached hereto and
made a part hereof. It is expressly understood and agreed, by
and between the parties, that the services to be rendered
hereunder by the Provider shall be provided in compliance with
all terms and conditions set forth in Exhibit "A", "B", and
"C" and with the Conditions of Award attached hereto and made
a part hereof as Exhibit "D", as well as the terms and
conditions of this document.
2. The Provider agrees to comply with all applicable federal,
state and local laws.
3. The Provider agrees to comply with the following requirements:
a. To maintain books, records and documents in accordance
with normally accepted accounting procedures and
practices, which sufficiently and properly reflect all
expenditures of funds provided by the Council under the
Agreement.
, b. To assure that these records shall be available, upon
· reasonable notice, to inspection, review or audit by the
I04GOVA 1. DOC
09/12/96 8:23 am
.
. Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 2
Council and personnel duly authorized by the Council to
, make such inspection, review or audit.
c. To submit, upon completion of the period of this
Agreement, a GAO Standard Financial and Compliance Audit
( "the Audi t " ) , complete with management letter, within 120
days of the Provider's fiscal year end. In the event that
Provider's fiscal year end occurs prior to the completion
of the term of this Agreement, Provider will supply the
audit and accompanying management letter for each of the
Provider's fiscal years occurring during the term of this
Agreement, each such audit and management letter to be
provided within 120 days of the Provider's fiscal year
end.
d. To maintain and file with the Council such progress,
fiscal, inventory, and other reports as the Council may
require during the terms of the Agreement.
e. To include these aforementioned audit and recordkeeping
requirements in all approved subcontracts and assignments.
f. To acknowledge, to the extent feasible and appropriate,
Council funding of the program identified in Exhibit "A"
in publications, bulletins, public relations activity, and
stationery of Provider.
4. The Provider agrees:
a. To retain all financial records, supporting documents,
statistical records and any other documents pertinent to
this Agreement for a period of five (S ) years following
termination of this Agreement or, if an audit has been
initiated and audit findings have not been resolved at the
end of the five year period, the records shall be retained
until resolution of all audit findings. Provider further
agrees that all records, papers, letters, or other
documents made or received in conjunction with this
Agreement and the provision of services hereunder shall be
subject to public access pursuant to the provisions of
Chapter 119, Florida Statutes. The provisions of this
paragraph shall survive termination of this Agreement.
b. Persons duly authorized by the Council shall have full
access to and the right to examine any of said materials
during said period.
c. To permit access by persons duly authorized by the
Council, upon reasonable notice, to the program(s) funded
by the Council hereunder for purposes of monitoring said
program{s) .
d. To report to the Council during the term of this Agreement
any threatened or pending litigation brought against the
Provider, including a description of the nature of the
claims involved, and, upon request, to furnish information
regarding the status of such litigation and copies of
pleading filed therein.
I04GOVAI.DOC
09/12196 8:23 am
.
. Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 3
e. To accurately report to the Council, in a format deemed
acceptable by the Council, all revenues received by or for
the program funded pursuant to this Agreement, regardless
of source. Revenues include, but are not limited to,
Medicaid or insurance reimbursement, donations, grants,
and program income; i. e. , fees paid for services. In the
event the Provider fails to properly report all program
revenues and the Council subsequently learns that such
income was not properly disclosed, the Council reserves
the right to reduce the amount to be paid to the Provider
by the Council by the amount not disclosed (or, if payment
has already been made, to recover said amount), or to
terminate tl~is Agreement.
f. That those capital items which are to be acquired by the
Provider and reimbursed by the Council, shall be subject
to the requirements (i) that said items may not be
mortgaged, pledged, or hypothecated without the prior
written approval of the Council; (ii) that upon
termination or earlier cancellation of this Agreement at
the Council's request, unless there is specific
notification that this requirement is waived by the
Council, the said item(s) shall be (a) returned (with
title being transferred) to the Councilor the Council's
designee, or (b) reimbursed to CSC at book value
(determined by CSC) ; (iii) that said item(s) shall be
maintained in operable condition; and (iv) that said
item(s) will be insured in case of loss or theft.
5. Provider agrees that, as between the parties to this
Agreement, it is solely responsible for operation and
management of the program(s) funded hereunder and that the
Council has not and will not be involved in any way in such
operation and management. To the extent permitted by law, the
Provider agrees to indemnify and hold harmless the Council
from liability on account of any injuries, damages, omissions,
commissions, actions, causes of actions, claims, suits,
judgments and damages accruing, including court costs and
attorneys' fees, as a result of services performed or not
performed, or any negligent act by the Provider or arising
from funding granted or not granted by the Councilor any
action arising out of the operation of this Agreement.
6. This contract may not be assigned or subcontracted to any
other party by the Provider without the prior written approval
of the Council.
7. The Children's Services Council acknowledges that the Provider
is self-insured and accepts the levels of self insurance
provided by the Provider.
8. The Provider shall not use or disclose any information
concerning a client under the Agreement for any purpose not in
conformity with federal and state laws and regulations except
on written consent of the client, or his responsible parent or
guardian when authorized by law.
l04GOV A 1. DOC
09/12/96 8:23 am
. Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 4
a. The Provider agrees to establish and maintain procedures
. and controls acceptable to the Council for safeguarding
records, so that no information contained in the
Provider's records, or obtained from others carrying out
the terms of the Agreement, shall be used by or disclosed
by the Provider, its agents, officers or employees except
as provided by law.
b. It shall be the responsibility of the Provider to take
all reasonable steps necessary to implement promptly such
procedures and controls in order to protect the privacy
of a client receiving services hereunder and in order to
assure the maintenance of confidentiality of any medical
or other information pertaining to any such client.
9. The Provider shall submit to the Council management and
program data, including client identifiable data as deemed
essential by the Council.
10. The Provider shall furnish the Council with reports of the
effectiveness of the program and include statistics and data
on the number of persons served and such other reports and
information as the Council may require. Said reports shall
be made as requested from the Effective Date of this
Agreement and in a format provided by the Council.
11. The Provider is performing the services and duties required
hereunder as an independent contractor and not as an
employee, agent, partner of, or joint venturer with the
Council. The Provider shall assume sole and exclusive
responsibility for the paYment of wages to all employees for
services performed by them under this Agreement. The
Provider shall, with respect to said employees, be
responsible for withholding federal income taxes, paying
federal social security taxes, maintaining unemploYment
insurance and maintaining worker's compensation coverage in
amounts required by applicable federal and state law.
12. The services provided by the Provider hereunder are provided
on a non-exclusive basis, and the Council specifically
reserves the right to contract with others for similar
services. This Agreement shall give no rights to any person
or entity who is not a party hereto.
13. PaYments for services rendered pursuant to this Agreement
shall be made to the Provider monthly on a reimbursement
basis. Provider shall submit an invoice to the Council by
the lOth day of each month following the month in which the
services were provided. The invoice will include
documentation reflecting all expenditures made by the
Provider under this Agreement, in whatever form reasonably
required by Council. Subject to the availability of funds,
the Council will provide reimbursement to the Provider within
45 days after receipt of the invoice. Provider shall submit
a final invoice to the Council no later than October 31, 1997
(with appropriate documentation). The Council will not
reimburse Provider for any expenditures made by Provider
under this Agreement that are submitted after October 31,
I04GOVAl.DOC
09/12196 8:23 am
Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 5
1997.
!
14. The Provider agrees to return to the Council any overpayments
made through inadvertence or miscalculation or because
payment is disallowed as not having been properly earned
under this Agreement. Such funds shall be refunded in full
by Provider to the Council as follows:
a. Within twenty (20 ) days from the date of written
notification by the Council to the Provider of
overpayment or disallowance; or
b. within thirty (30) days following the end of this
Agreement.
c. The Council shall have the right to deduct from any
subsequent payment request submitted by the Provider, the
amount of any overpayments or disallowed funds.
15. The Council may, for reasonable cause, suspend the payment of
funds pending corrective action by the Provider or pending a
decision by the Council to terminate this Agreement. The
Council may, for reasonable cause, prohibit the Provider from
incurring additional obligation of any funds received from
the Council, pending corrective action by the Provider or a
decision to terminate this Agreement. Said suspension of
payment of funds or obligation thereof may apply to all or
part of the Provider's operations.
16. In the event funds to finance this Agreement become
unavailable to the Council, the Council may terminate this
Agreement upon no less than five (5) days written notice to
the Provider. The Council shall be the final authority as to
the availability of funds.
17. The Council may terminate this Agreement for any breach by
the Provider. If the Council intends to terminate this
Agreement, notice shall be provided in writing to the
Provider no less than twenty-four (24 ) hours prior to the
effective date of the termination. The Council's failure to
terminate or suspend a Provider for past breaches of this
Agreement shall not be construed as a waiver of its right to
demand strict compliance with the terms of the Agreement or
to terminate for said breaches or similar breaches, and shall
not be construed to be a modification of the terms of the
Agreement. The Provider may terminate this contract with or
without cause provided that Provider shall give sixty (60)
days notice in writing to Council. The Council shall
reimburse the Provider for all monies expended up to and
including the effective date of the termination.
I04GOVAl.DOC
09/12/96 8:23 am
, Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 6
¡ 18. Notices: All notices required hereunder shall be in writing
and shall be addressed to the following representative of the
part parties:
For the Council:
Gaetana D. Ebbole, Executive Director
Children's Services Council of Palm Beach County
3111 South Dixie Highway, Suite 243
West Palm Beach, FL 33405
For the Provider:
Jay Alperin, DDS, Mayor
City of Delray Beach Parks & Recreation Department
Out-of-School Youth Recreation/Enrichment
SO NW 1st Avenue
Delray Beach, FL 33444
19. CSC may assess a penalty amounting to the lesser of
one percent of the current month's CSC request for
reimbursement or $100 for each month that a program is out of
compliance with the timely submission of fiscal and
programmatic data as required by Sections 3c, 9, 10, and 13
of this Agreement. This penalty may also apply if the
program does not provide CSC with current copies of the
following documents:
A. Certificates of Insurance
B. Licenses to Operate Agency/Program
C. Sales Tax Exemption Certificate
D. Other items identified in the Conditions of Award
20. Notwithstanding anything herein to the contrary, the parties
agree that the dollar amount set forth in paragraph 1 above
may be reduced in the event that the Council determines that
the Provider will not spend the entire amount allocated by
September 30th fiscal year end. The determination may be
made (a) during the course of reviewing a budget revision
submitted by the Provider pursuant to the Council's
procedures or (b) based upon the Council's monitoring of
Provider's program and its expenditure history. Before any
such reduction becomes final, the Provider will be notified
in writing of the proposed action and shall have the
opportunity to address the Council's Board regarding the
proposed reduction. The decision of the Council's Board on
this issue shall be final.
21. This Agreement, which includes the attached Exhibits A, B, C
& D, contains all the terms and conditions agreed upon by the
parties. No other agreements, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto. With the possible
exception of an adjustment pursuant to paragraph 19 above,
this Agreement shall not be modified unless in writing and
signed by both parties hereto.
I04GOVAl.DOC
09/24/96 9: 18 am
Contract No. 96-104
1996-97 GOVERNMENTAL UNIT AGREEMENT
Page 7
IN WITNESS THEREOF, the parties have caused this Agreement to
be executed by their undersigned duly authorized officers.
City of Delray Beach Parks & Recreation Department
Out-of-School Youth Recreation/Enrichment
By: Date:
Print Name
Print Title
Children's Services Council of Palm Beach County
By: Date:
Gaetana D. Ebbole
Executive Director
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
I04GOVAl.DOC
09/12/96 8:23 am
EXHIBIT A
1. Program Evaluation Model
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IICØctJ H A. ,010
U ~~
EXHIBIT B
1. Form A: Program Budget Narrative
2. Form A-1: Personnel Budget Narrative
3. Form B: Program Budget
by Funding Sources
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EXHIBIT C
1. Program Data Form C
..
1996-97 BASE PROGRAM APPLICATION DATA FORM
PROGRAM FORM C
PROGRAM: After-School Program
AGENCY: DeIra Beach Parks and Recreation De l
utr'eachH
CHOOSE ONE OF THE FOlLOWING:
HOW MANY CHILDREN WIll BE SERVED 1Of1J96 TO 913tJ197? 425 0
HOW MANY ADULTS WILL BE SERVED 1Of1191J TO 8I3IJIf171 0 0
HOW MANY FAMlUES WIll BE SERVED 1Of1J96 TO 8I3IJIf171 0 0
WHAT ARE THE AGES OF THE WHAT GEOGRAPHIC AREA(S) IN PALM
CUENTS YOU WILL SERVE? BEACH COUNTY WILL YOU SERVE?
BlRTH~ North
6 -11 x Central
12 -18 South x
19+ East x
All of the above West
All of the Above
HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? For CSC Use Only:
(Full-time equivalents) Full time 1
Part time 30
HOW MANY EMPLOYEES WILL BE FUNDED BY CSC?
Full time 1
Part time 9
.'."~.--..
PROGRAM
CSC~ $98,303 $101,252
TOTAL PROGRAM BUDGET $200,233 $267,182 }
CSC ~ OF PR<X;RAM BUDGET 49.09% 37.90%
$5,213,000 $5,365,000
3.84% 4.98%
$616
FOR CSC USE ONLY
· A primary client Is one that receives direct service more than once.
- An outreach client is one that receives a sentation or sereenin one time onl
.
.
. EXHIBIT D
1. Conditions of Award
.
"CONTRACT 96 -104
AGENCY: City of Delray Beach Parks & Recreation Department
PROGRAM: Out-of-School Youth Recreation/Enrichment
CONDITIONS OF AWARD
I. PROGRAMMATIC
A. Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
B. Conditions to be observed throughout contract:
1. Provider agrees to obtain CSC approval for any proposed
changes in the program prior to implementation.
2. Provider agrees to submit copies of all personnel or
service provision subcontracts, contracts and/or
agreements related to the operation of this program.
3 . Provider agrees to maintain a current copy of the
following on file with CSC:
· Personnel Policies and Procedures
· Job descriptions of all CSC funded
staff positions
· Certificates of insurance (liability, and
theft and/or auto if capital equipment or
vehicle was purchased with CSC funds)
· License{s) to operate agency/program,
and copies of child care facility
inspection
· Sales Tax Exemption Certificate
· Service site(s) Fire Inspection
Certificate(s) , if applicable
· Service site(s) Health Inspection
Certificate{s) , if applicable
4 . Provider agrees to ensure that children participating in
the after school program will be referred and given
priority to attend city-sponsored programs during school
holidays and teacher planning days.
S. CSC dollars will be used to serve elementary school age
children only.
F:QA_DATA\96-97COA\BASE.I04 Sep 4, 1996 5:36 pm
Page 1
.
. .. ...
CONTRACT 96-104
AGENCY: City of Delray Beach Parks & Recreation Department
PROGRAM: Out-of-School Youth Recreation/Enrichment
II. PI:SCAL
A. Issues of information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
B. Conditions to be observed throughout contract:
1. Provider agrees to obtain written approval from CSC for
any proposeù changes in the CSC program budget prior to
implementation.
2. The fiscal administration of this Agreement will be
pursuant to the CSC Fiscal Guidelines.
3. Provider agrees to implement a "zero based" (i.e. , some
families may pay nothing) sliding fee scale in a format
approved by CSC.
4. If any fees are generated by the CSC funded program in
excess of the amount budgeted, the Provider will notify
CSC staff prior to spending the funds generated from
fees. The Provider agrees to prioritize the use of
excess fees in the following order:
a. Increase the number of clients attending the
program up to the point of capacity.
b. Improve the staff-to-child ratio.
c. Purchase those items which would be considered
"enhancements" to the service being provided in
order to improve the quality of the program.
d. Reduce CSC's funding by the amount of the excess
fees received.
5. All fees generated by the CSC funded program will be
recorded in a separate revenue account.
For governmental agency contracts only:
In executing this Agreement, Provider represents and
warrants that the Council funds to be expended hereunder
to support the budgeted job positions do not replace or
supplant funds previously supplied by Provider for such
positions.
¡
F:QA_DATA\96-97COA\BASE.I04 Sep4.1996 5:36pm
Page 2
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJ1/Î
SUBJECT: AGENDA ITEM # ~F - MEETING OF OCTOBER 1. 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 27, 1996
Attached is the Report of Appealable Land Use Items for the
period September 16 through September 27, 1996. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
r-1¡¡í\~~II~~¡¡¡~II¡~
·····················..···············...·11· ·...·S..·II.. II)·II)·IIS·I"·II·".· I). D....I·.,·IIII1...·)I· ..1m.. II·..·..·······························
::::::::::;:x;:::::::::::::::::::::::::;:::::::::::::::;:;:;:;:;:::;::::. ':::".; ::; :::;:;. ;:::;:;: .:::"" ':;:'. .: : .... .......: ';::'.' ::::;: ;;.': '.:;: ,.:;:.": :::: : .....::. ::: ;:;:. '.;::; ::;:. .;:;.." :;:::;:::::::::::::::::;:;:;:;:;:;:;:;:;:::::::::::::::::::::;:::::::::::::
............................................................................. ,',', ....... ......... " . . . . '. .', ...... ,', " . , . '. ',' ,', ,', .... ..... ,", ...........................................................................
TO: DAVID T. HARDEN, CITY MANAGER
~~~.
THRU: DIANE DOMINGUEZ, DI~~
DEPARTMENT OF PLANNI~~°.;JD ZONING
O{hIlA-/) ~
FROM: t.~MIN ALLEN, PLANNER
SUBJECT: MEETING OF OCTOBER 1, 1996 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 16, 1996 THRU SEPTEMBER 27, 1996
I:.':',::::::,::::,::::::::::,:::::::::::,::,:::::::··::::.:::":::.::::·::::·::::llm'II::::SIÎlllmlllll:::mI:I:::;".'.!.::::;::;:::':::::·:::::·:::::::::::::::"::::::::'::'::,::::::::::::::::':::,:::::":;'::::i
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of September 16,
1996 through September 27, 1996.
~:::::::::::::.::::::,::,:::::::.:::::.:::::;:¡:::::¡:::::::¡:::::¡:::::¡:¡:::::::::,:::.::::::::::':::¡::::¡::::::¡::¡:::::¡:::::::::::::::':::::::¡:¡:::¡:::::¡:::::::::IIIIIIIIII::'::::::::::::::::::¡:::¡:¡:::¡:::.:::¡:::::¡:¡:::¡:::¡:¡:::¡:::¡::¡:::¡:::.:¡:::::::¡:::::::::::¡:::::::::::::::,:::::::::¡:::::¡:::::::::::::::::¡:;::::::::::::.:::::·:::::::::I
This is the method of informing the City Commission of land use actions, taken
by designated Boards, which may be appealed by the City Commission. After
this meeting, the appeal period shall expire (unless the 10 day minimum has not
occu rred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
City Commission Documentation
Appealable Items Meeting of October 1, 1996
Page 2
J::::i:::i:ii¡::::i:.INlill::iINI::illtlJII::¡IIIB:::1li.tll::i:ÎÎtlllmlllll:i:I:I~::::Ρ.:¡¡::::::¡::::¡:::i::1
A. Approved with conditions on a 4 to 1 vote (Young and Schmidt absent,
Carbone dissenting), a modification of a conditional use to allow limited
outside uses at Casale Marble facility, located at the southwest corner of
S.W. 17th Avenue and S.W. 7th Street.
B. Determined on a 4 to 1 vote (Schwartz dissenting), that the sale of utility
trailers is not similar to the other uses listed within the GC (General
Commercial) zoning district. Concurrently, the Board recommended that
an amendment to the AC (Automotive Commercial) district be processed
to add the sale of utility trailers as a permitted use.
C. Found on a 3 to 2 vote (McCarthy and Schwartz dissenting), that the
Proposed Capital Improvement Plan (CIP) is consistent with the
Comprehensive Plan.
There were no other appealable items. The following items which were
considered by the Board will be forwarded to the City Commission for final
action.
· Recommended approval with conditions (5 to 0), of the conditional use
request to allow 103 zero lot-line single family detached units in the RM-8
(Medium Density Residential - 8 units per acre) district within the
proposed Hammock Reserve Development, on a 29 acre portion of the
Bloods Grove Property, located on the south side of Linton Boulevard,
east of Military Trail. Action by the Board on the Master Development
Plan request is reported as a separate agenda item.
· Recommended approval (5 to 0), of the City initiated rezoning from NC
(Neighborhood Commercial) and POD (Professional Office District) to CF
(Community Facilities) for the City owned property located on Seacrest
Boulevard, across from Atlantic High School.
· Recommended approval (5 to 0), of the City initiated rezoning from RM
(Medium Density Residential) to CF (Community Facilities) for the
Sandoway House, located on the west side of South Ocean Boulevard (A-
1-A between Sandoway Park and Ingraham Park.
City Commission Documentation
Appealable Items Meeting of October 1, 1996
Page 3
· Recommended approval (4 to 0, Schwartz left the room), of an
amendment to the Land Development Regulations Section 2.4.6(H),
"Temporary Use Permit" to add Seasonal Farmers Market as a Temporary
Use.
· Recommended approval (4 to 1, McCarthy dissenting), of an amendment
to the Land Development Regulations Section 4.6.9(Off-Street Parking
Regulations), adding parking lot dimension details, striping and minor
modifications to related sections.
Other Items which were considered by the Board:
· The Board recommended approval of the conditional use request for
Kiddy Kampus Nursery School and Kindergarten which was approved by
the City Commission at its September 17,1996 meeting.
1. Denied (4 to 2, Sittler and Pakradooni dissenting) two flat wall
business signs for Linton Office Park, located on the south side of
Linton Boulevard, east of Military Trail.
2. Denied (4 to 2, Shutt and Shere meta dissenting), a request for a
change in the architectural elevation associated with an existing mural
at the Pineapple Grove Police Sub-Station, located at the southeast
corner of Pineapple Grove Way (S.E. 2nd Avenue) and S.E. 2nd
Street. The Board felt that while the mural is appropriate for a police
station building it is not in keeping with the character of the Pineapple
Grove Main Street.
3. Approved (6 to 0), the architectural elevation plan for Hofer-Darr
Architectural Panel Products, (Tract F- Delray Park of Commerce).
The Delray Park of Commerce is located at the northeast corner of
Lake Ida Road and Congress Avenue. The development proposal is
to construct a 46,332 sq. ft. industrial building. Previously, the Board
approved the site plan and landscape plan.
· .
City Commission Documentation
Appealable Items Meeting of October 1, 1996
Page 4
4. Approved (6 to 0), a request to change the architectural elevations to
allow the addition of awnings for Bennardo Ristorante, located at the
northwest corner of N.E. 1st Street and N.E. 6th Avenue.
5. Approved with conditions (6 to 0) a major site plan modification,
landscape plan and architectural elevation plan associated with the
renovation of the existing Shell Oil Gasoline Station, located at the
southeast corner of Atlantic Avenue and Congress Avenue.
6. Approved with conditions the site plan (4 to 2, Sittler and Pakradooni
dissenting), landscape plan (5 to 1, Sittler dissenting) and
architectural elevation plan (6 to 0) for Coralina Courtyard Villas, a
14 unit townhouse development, located at the northwest corner of
Bucida Road and Seagate Drive. Concurrently, the Board approved
an internal adjustment to allow the townhouse row of 242', (exceeding
the maximum allowed length of 200'). Also, the Board granted
waivers to allow a reduction of the right-of-way width from 60' to 50'
for Coralita Lane, Bucida Road and Seagate Drive and the elimination
of the required sidewalks within those rights-of-way. Subsequent to
the meeting, the developer has agreed to install a sidewalk along
Seagate Drive. Installation of the sidewalk will be deferred until
such time as it is determined that sidewalks shall be constructed
on the entire street. Acceptance of a sidewalk agreement will be
addressed with the subdivision plat.
7. Approved with conditions (5 to 0, Sheremeta stepped down), a minor
site plan modification, landscape plan and architectural elevation plan
associated with the conversion of an existing waiting room to
convenience store and modification of the pumps to accommodate
double-sided fuel dispensers for Ike's Luxury Auto Services, Inc.,
located at the northeast corner of S.E. 6th Avenue and S.E. 2nd
Street.
8. Approved (5 to 0, Sheremeta stepped down), the business sign for
Regal Theaters at The Plaza at Delray (former Delray Mall), located at
the northwest corner of Linton Boulevard and South Federal Highway.
. .
City Commission Documentation
Appealable Items Meeting of October 1, 1996
Page 5
1::::::::::::::ÎIIIIIJ,I;:::IIII:IIIII),II::::&III;:::11811:::IIIΧ.lllllfll~::::I.:::::::::::::1
v. Approved (6 to 0), a request for a Certificate of Appropriateness
associated with the conversion of a non-contributing garage to a guest
cottage, located at 18 Lake Court.
W. Approved (6 to 0), a request for a Certificate of Appropriateness
associated with additions to an existing contributing single family
residence located at 708 S.E. 3rd Street.
X. Approved with conditions (6 to 0), a request for a Certificate of
Appropriateness to allow the construction of a 5' high galvanized chain
link fence at Mt. Olive Missionary Baptist Church, located south of
N.W. 1st Street, between N.W. 4th Avenue and N.W. 5th Avenue.
Y. Approved (6 to 0), a request for a Certificate of Appropriateness to allow
a change in the driveway paving material from asphalt to gravel for Ames
Design Group International, located at the northeast corner of the
intersection of Dixie Boulevard and N.E. 2nd Avenue.
Z. Tabled (6 to 0), a request for a Certificate of Appropriateness to allow the
construction of a single family residence (Proposed Taylor Residence)
within the Del-Ida Park Historic District located on the west side of Royal
Court, north of N.E. 5th Terrace.
Other Non-appealable Items :
. The Board reviewed the designation report for the Sandoway House, 142
South Ocean Boulevard and set a date for the public hearing for
November 20, 1996.
1::::::::1::::::::::::::::::':::::.:::::':::::::::::::@::::1::::::::::::::::::::::,:::::::::::::::::'::::::::::::':I::::::::::::::::::BIBllfiUIII:::llmJ.B:::::::::::::::::::::::::::::::::::::::::::::::::::::::11::::::1::::::::::::1:::::::::::::::::::::::1:::::@'::::::::::::::::::::1~
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (71.,,/1
SUBJECT: AGENDA ITEM # ~G - MEETING OF OCTOBER 1, 1996
AWARD OF BIDS AND CONTRACTS
DATE: SEPTEMBER 27, 1996
This is before the Commission to approve the award of the follow-
ing bids and contracts:
l. Bid award to C & B Industry Safety, Inc. via Palm Beach
County contract for the purchase of safety shoes, at an
estimated annual cost of $23,043 from various departmental
operating budget accounts (52.22).
2. Bid award to Ric-Man International, Inc. for Phase I
reconstruction of the Highland Beach Force Main, in the
amount of $368,706 from 442-5178-536-63.92 through budget
transfer from 63.51.
\
\
Agenda Item No.: Z ~.\
G
AGENDA REQUEST
Request to be placed on: Date: September 17, 1996
_XX_Regular Agenda Special Agenda Workshop Agenda
When: September 17, 1996
Description of agenda item (who, what, where, how much): Bid award -
Purchase of Safety Shoes, via Palm Beach County, Bid #95-0 1 O/JR,
at an estimated annual cost of$23,043.00.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to C&B Industry Safety, Inc., via Palm Beach County
Bid #95-010/JR at an estimated annual cost of$23,043.00, from various
approved depa tmental ram dgets. (please see att!ched)
Department Head Sigllature:
Determination of COllsistency wit
City Attorney Review,' Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~O
Funding alternatives: ~ble)
~ Account No. & Descrip.tion:f¡jY (t~u&. dt.¡:::ttr _ _ 5-:--2-2...
,Account Balance:~. ttt- 2'31 ~W U¡Vt,:ftsv-MS
City Manager Review:
&'- {Y1~
Approved for agenda: ~O
I-Told Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MElI;[ORANDUM
TO: David Harden, City Manager
!
FROM: K. Butler, Buyer l!}-
THROUGH: Joseph Safford, Finance Director
DATE: September 9, 1996
SUBJECT: DOCUMENTATION - CITY COMJvlISSION JvlEETING-
SEPTEMBER 17,1996 -PURCHASE AWARD
SAFETY SHOES, VIA PALM BEACH COUNTY
BID #95-010I.JR
Item Before Commission:
The City Commission is requested to approve the award of the purchase of safety shoes
to C & B Industry Safety, Inc., at an estimated annual cost 0/$23,043.00, via Palm Beach
County Bid#95-01 O/JR.
Background:
City of Delray Beach has a need for an annual contract for the purchase of safety shoes
for various departments. These safety shoes are available from Palm Beach County Bid
#95-010/JR which 1-vas awarded November 21, 1994. The vendor has agreed to extend
the same terms and pricing to the City of Defray Beach, see attached memo dated August
28, 1996.
Finance Director and Purchasing Staff recommend award to C&B Industry Safety, Inc
per attached memo dated August 29, 1996, and attached surveys received from various
City Departments.
Recommendation:
Staff recommends award to C & B Industry Safety, Inc. at an estimated annual cost of
$23,043.00 per attached departmental breakdown of annual usage. Funding from
various department '.'I approved operating budget.
Attachments
Department Survey
Bid Re-Cap Sheets
Memo from C&B Industry Dated 8/28/96
City (dDelray Beach Usage Requirements
cc: Department Head"
g.G. I
MEMORANDUM
TO: Joe Safford, Finance Director
FROM· K. Butler, Buyer ,¡¿¡j
THROUGH: Milena Walinski, Assistant Finance Director ~
DATE: August 29, 1996
SUBJECT: Safety Shoes Survey
The current annual contract with Solid Waste Authority for the mobile unit for safety
shoes has expired.
Solid Waste Authority has changed their bid specifications this year. Listed below are
options available to the City:
(1) Piggyback Solid Waste Authority nett! Contract; which involves employee's
purchasing their own shoes at a retail store with a voucher.
(2) Piggyback Palm Beach County Contract using the current method of the mobile
vehicle coming to site locations.
Purchasing recently surveyed the departments requiring their employees to wear safety
shoes, for their input on which method they preferred..
Per the attached survey's received, a majority of the departments recommend the current
method of mobile vehicle coming to site locations.
Per the letter dated August 28, 1996 the vendor will extend to the City of Delray Beach
the same pricing, terms, and condition of it's Palm Beach County Bid.
Purchasing Staff is recommending piggyback Palm Beach County Contract #95-010/JR.
If you approve, - Purchasing will proceed with preparing the Commission Agenda
Request. Å-PPfLov~
Attachments ~ "hlo,).
Department Surveys
Letter from vendor
Copy of Palm Beach County Bid#95-0 1 O/JR
Department Est. Annual Usage Total Price
Finance -
(Purchasing & UTB) " 7 pairs /7U)(' ( (/ $ 483.00
Park Maintenance I 95 pair lJr"l 6,200.00
l' l ~
ESD .,/ 6 pairs V ð{0-~u/ 420.00
ESD Construction Div. 25 pairs 71¿.¿!..¿<-<:-'& 1,750.00
I.
ESD Engineering Div è 4 pairs JI 250.00
fYi.V ,X-li"-
Bldg. Maintenance
(includes Streets, 34 pairs -ZIÎt/>C,d'1' 3,680.00
Traffic, Parking,
Storm Water)
Community Improvement 22 pairs if '.J\ J 1,700.00
, '
ESD WTP 30 pairs 7J ervL~\.- f, 2,100.00
Utility Maintenance 44 pairs J !r1J.JV ( ( 3,100.00
Water/Sewer Network 48 pairs v c "U\¡U '. 3,360.00
TOTAL: $23,043.00
,;..... ,/
'}/".
MEMORANDUM
~f> 17 ~6
TO: David T. Harden, City Manager CITY MAMM'rrw:, f)FFIC~
FROM: IMilena L. Walinski, Assistant Finance Director
THROUGH: Joseph M. ~ce Director
DATE: September 16, 1996
SUBJECT: A ward of Safety Shoe Contract
Per your request, additional clarification IS provided to substantiate the
recommendation of the award to C & B Industrial Safety, Inc..
The City has the option of "piggybacking" the Solid Waste Authority or Palm Beach
County's contract for safety shoes. Both contracts require the shoes to rated at ANSI
41.
The Solid Waste Authority's contract involves a voucher method, which requires an
employee to present an authorized voucher plus a photo ID to purchase shoes. The
voucher is accepted by Walmart at three (3) store locations only. The locations are in
Lake Worth, Greenacres and Jupiter. Walmart provides a selection of footwear
ranging in price from $29.97 to $79.97.
Palm Beach County has a contract with C & B Industrial Safety, Inc. who has in turn
subcontracted to Lehigh Safety Shoes and their shoemobile. The mobile unit visits
work sites for the employees to select shoes. Lehigh provides safety footwear ranging
in price from $36.25 to $101.20.
Employees were surveyed regarding their preference, but the survey did not disclose
the store or location of stores where the voucher could be used. Therefore, the survey
results could not be used.
Piggybacking the Palm Beach County contract, utilizing the mobile unit, IS
recommended for the following reasons:
1. Oversight by supervisor of correct safety shoe for job requirements.
2. Convenient for employee. On site selection of shoes does not require after hours
travel time to "shop" for shoes or extended loss of time during work hours.
con't Page 2
3. Ensures employees receive safety shoes when needed, not when employee has time
to shop.
4. Although the price of shoes might be higher in the shoemobile, convenience to the
City and the employee also have associated costs.
C&ll INDUSTRIAL SAFET 305 748 7472 08-28-96 11:50 P.02
C & B Industrial Safety, Inc.
City Of Deltáy Beach
100 NW First Avenue
Delray Beach, PL )3444
August 28,1996
To Whom It May Concern,
C & B Industrial Safety Co.,lnc. extends the PRim Beach County Shoe Contract Price Agreement
( Agreement #950 J ûA) to the City Of lJelray Beach.
The term of this agreement IS ____ through
~d~
Rosanne Fermoile
Vice President Sales and Operations
-~~ ___________________ ··_____0 __~_____.._.____.__ _____ .~___~___________.._---...._.~___ ___ ,___.._.~
4700 Hiatus Road _ Suite 145 . Sunrise, Florida 33351
(305) 746-7373 . FAX (305) 748-7472
· (19/139/19% 113:45 4137-233-1511 PBC PURCHASHING PAGE 133
Joa..l. of Coun~y Commi~~jon~l'ti County Administrator
(en L. Foster, Chairman Robert Weisman
iurt Aaronson, Vice Chairman
(aren T. Marcus Purdlasing Depattment
:arol A. Roht,rts
VJ.TTt·n II. :\.'~wÎ:'ll
~ary McCarty
A:aude Ford Lee
November I, 1995 Form ~,
C & B Industrial Safety Inc.
4700 Hiatus Rd., suite 145
Sunrise, Fl 3335J.
Dear Vendor: RE: PRICE AGREEMENT #: 95010A
This is to info:rm you that Palm Beach County Board of county Commissioners is entering into
a Price Agreement with your company for Safety Footwea.r based on one of Lht~
following:
[ ] FORMAL BID # --~-~_.-
[ x J RENEWAL OF FORMAL BID/RFQ # 95-010/,TR ----- - - ..._-~.
r ] EXTENSION OF FORMAL BID/RFQ it w__..·_________·.__
[ J WRITTEN QUOTATION #
[ ] VERBAL QUOTATION PER --~._---
[ ] STATE OF FLORIDA CONTRACT #
[ ] PALM BEACH COUNTY SCHOOL BOARD Brn # -' ----.- ··w···---.-----
[ ] OTHER: - -- --_A
The term of this agreement is 01/01/96 through 12/:nL96 The eotimatt~d dollar value Ü;
$ 103,009,00
The obligations of palm Beach County under this agreement are subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Board of County
Commissioners.
Palm Beach County Departments ~ill issue hard copy orders against this agreement as your
authorization to deliver. All invoices must reference each unique document number.
If you have any qu~~Li()n:~, please contact Tammy 1,:-.. ~mi.tJ::l at (407) :?11~,r;2t~.
Sincere1~
-=;~ ~ . -~-
D~U9~. Myer
D~re or:
cc: Using Departments
File
"An Equal Opportunity - Affirmative Action Employe-r"
@ PllntfKI on ,,,,,ycJød p¡AP6' 50 S. Milibry Trail, Suite 110 West Palm Beach, Florida 33415-3199
(407} 233-1500 FAX: (407) Z33-1511
~
.
Page 9
AS SPECIFIED
price agreement release will be issued to the successful bidder with the understanding that
~l itelns delivered must meet the specifications herein. Items delivered not as specified
will be returned at no expense by Palm Beach County.
At the option of Palm Beach County, item (s) from any delivery may be submitted to an
independent testing laboratory to determine conformity to respective specifications. Bidders
shall assume full responsibility for payment of any and all charges for testing and analysis
of any product offered or delivered that does not conform to the minimum required
specifications.
30. ESTIMATED EXPE~IDITURES
The anticipated value of this twelve (11.l month contract is $ 60,000. Palm Beach County
reserves the right to increase or decrease the anticipated value as necessary to meet actual
requirements.
31. NON-EXCLUSIVE
Bidder is advised that the amounts and quantities in this Invitation for Bid are estimates
only and that said estimates are no guarantee of the total annual award to be received by the
successful bidder. The amounts and quantities referenced herein may only be relied on for
the purpose of preparing the bid. Additionally, Palm Beach County reserves the right to
award other contracts for goods and/or services falling within the scope of this agreement
when specifications differ from this agreement.
32. RENEWAL OPTION
The successful bidder shall be awarded a contract for twelve (12) months with the option to
renew the contract for two (2) additional twelve (12) month periods. Option for renewal will
only be exercised upon mutual written agreement and with all original terms, conditions and
unit prices éldhered to with no deviations. Any renewal will be subject to appropriation of
funds by the Board of County Commissioners.
33. ~NFORMDTION ~TD DESCRIPTIVE LITERATURE
Bidde:rs must furnish all information ~=-9.}1ested and in the space provided on the bid form, if
any. Further, each bidder offering an alternate other than the brand (s) specified must
submit with his bid, descriptive literature and/or complete specifications covering the
products offered. Reference to literature submitted with a previous bid will not satisfy
this provision. Bids which do not comply 1¡lith these requirements shall be rejected.
34. BRAND/MANUFACTURER REFERENCED
Reference manufacturer indicated. Product s similar in design and equal in function and
performance may also be considered. Alternate offers must include detailed specifications
and/or descriptive literature.
35. ÆQUIVALENTS
Please note Standard C·mdition #7, in addition to the equivalency requirement, vendors
offering equivalent itenl.s must meet the general design and style given for the "as specifie<l"
ite·m.
36. PUBLICATIONS
Vendor shall supply two (2) copies of their catalog with this bid. Additional copies of the
catalog may be requested by Palm Beach County and shall be provided at no additional cost.
Additionally, vendor shall submit with bid, an informational guide, either poster, catalog
or binder, showing only the styles bid and information about same. Upon award, additional
copies of this guide will be made available to all Palm Beach County Departments/Divisions
utilizing this contract.
. Ø9/03/1S35 10:45 407-233-1511 PEC PURCHASHING PAGE 02
Form I
BID RE-CAP SHEET
BID # 9S-010/.TR TITLE SAFETY FOOTWEAR BUYER JUD~ A. RUDDY
SUPERSEDES BIP # 93007A
DATE INITIALS DATE .TNITIALS
POS'X' CARDS GENER1\.TED o9Lº.!i~ _~ EVA!.. SENT TO DEFT. _l1lQ3/94
PRE-BID CONFERENCE __{}_ DEI?T. EV.PJ.. RETtÆNED .l1J~§L2.i /
ADDENDUM(S) SENT ___ POSTING APPROVED .
BID OPENED 10/26/94 ¡= copy TO SPEC. PROJ. COORD. \
EVA!.. TO M/WBE COOR. .:LQ}...1...6L2.1 DATE/TIME BID POSTEn '_
EVAL. FROM M!WBE COOR. ~1(a2/94 -' DATE/TIME BID REMOVED
RECAP TO M/WBE COOR.
~~~~~~~~~===;~==~=~=~===B_______~~~==================m&~~~~~~_~_=_~~==l=,~_====~____
IF PRICE AGREEMENT GENERATED; TERM 01/01/95 TO 1.2/31/95. EST. AOCNUAL USAGE; $ 60,OOQ
-~ ." --
LIST BIDDERS FROM TOTAL CHECK IF RECOMMENDATION
LOWEST TO HIGHEST OFFER CERTIFIED "KEY" ONI.Y
M/WBE
C & B INDUSTRIAL $ 1,128.07 X ( 1 )
4 _.- ___~.'"-_ ._--~.
RITZ SAFETY $ 1,159.30 ( 2 )
~~T U~~ FTRP. _ <:: , C:;Q4 qlL L 2. )
KEY(S) FOR RECOMMENDATION:
(1) RECOMMENDED AWARD TO LOWEST RESPONSIVE BIDDER{S) MEETING SPECIFICATIONS
(2) ~ AWARD, NOT "LOWEST" RESPONSIVE BIDDER.
(3) NO AWARD, NOT RESPONSIVE TO BID.
RECOMMENDED AWARD TO CERTJFIED M/WBE? YES X NO
IF NO TO ABOVE, RECOMMENDED BIDDER RESPONSIVE TO M/WBE REQUIREMENTS? YES - NO -
IF YES TO ABOVE, TOTAL DOLLAR VALUE OF M/WBE PhRTIÇIPATION: $~O,OOO ------
DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YES --'~_ NO___
REMARKS: b,W.I\RP TO LOWEST RE~PONsrVE I3IDDER MEETING _êPEÇS__~__ .__.__
~~ --~.~.- ----
-~-_. --_._~~* -...---~-~- ---.-
~THE J:OI..l,OWTNG HAS BEEN PROVIDED AS PART OF THE AWARD PROCE;,sS;
(~ CERTIFICATE OF INSURANCE, IF REQU [RED
{A; PERFORMANCE AND PAYMENT BOND, I F REQUIRED
{ DEPosrT/BID BOND, IF REQUIRED
....., ( ) PUBLIC ENTITY CRIME SWORN AFFIDAVIT
5:: (~ CERTIFICATE OF r:OMI'ETENCY I IF REQunnm
. ¿n ( RELATED LICENSES AND PERMITS, IF REQUIRED
t~ <:' ( WARRANTY INFORMATION, IF REQUIRED
~s () QUALIFICATION OF BIDDERS INFORMl\.TTON, IF REQUIRED
t:; ( Sz : ,., d i Ž liON ;, G
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Agenda Item No.
G
AGENDA REOUEST
Date: September 24, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: October 1, 1996
Description of item (who, what, where, how much) : Staff reqµests
Commission award a construction contract to Ric-Man International Inc. .
as the lowest responsive bidder for the Phase I Reconstrction of the
Highland Beach Force Main (PN 95-032) in the total amount of 5368,706.00
The project generally consists of the construction of 3.700 L.F. of 16"
force main. 1.300 L.F. of 8" water main and abandonment of 3.500 L.F. of
12" force main between Casuarina Road and Hibiscus Road on The Barrier
Island. Funding is from R&R Account #442-5178-536-63.92. Highland Beach
Sewer Main.
ORDINANCE/RESOLUTION REQUIRED: YES(§9)DRAFT ATTACHED YES~
Recommendation: Staff recommends award of contract to Ric-Man
International
Department head signature: VP-Ø 5dæ,~.__l,/z~/p- ~
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 alternativesAA~ (if applicable)
Account No. & Description t{J, ';;77fr55t·- .? 1 Wf> R.ff I.f. &""Y'r)/ >M
Account Balance/7c',pp,? Ill' (A I/tAn'/ ""f)F /Y0.M ('5.ST ç~ MAN"» !4LL-ovtlZ- 7l> fy1,¡,)n
3¡)~DOt? ,t't..1 /11/ Cff/7>tL ~¡"t¥ìr ~~ rý'1"/'77.
City Manager Review: r:æ.xr~ e¡hrfc¡£
Approved for agenda, ~/NO 't~
Hold Until: ,~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file:s/eng/eng/project/9532/official/aglo196.doc
.
MEMORANDUM
.
TO: ~~~~+i..
FROM: Richard C. Hasko, P.E. ~ J¡ It'
Asst. City Engineer
SUBJECT: HIGHLAND BEACH FORCE MAIN
RECONSTRUCTION - PHASE I
PROJECT NUMBER 95-032
DATE: September 24, 1996
Attached is an Agenda Request and a Tabulation of Bids received for the Phase I
Reçonstruction of the Highland Beach Force Main. This Phase of the project involves the
relocation of the force main out of the A-I-A right-of-way between Casuarina Road and
Hibiscus Road. The new alignment will proceed from the System 17 connection point at
Casuarina Road and Venetian Drive southerly on Coralita Lane to Bucida Road, then
easterly along Bucida to Seagate Drive. The route will continue southerly along Seagate
to Hibiscus Road and then easterly to the limit of Phase I Reconstruction at Hibiscus
Road and A-I-A. In accommodation of this alignment, the project also includes a water
main upgrade on Seagate Drive between Bucida Drive and Bauhinia Road. The existing
12" force main north of Hibiscus Road will be abandoned in place and grouted.
Construction will generally consist of the installation of approximately 3,700 feet of 16"
force main, 1,300 feet of 8" water main and abandonment of 3,500 feet of existing 12"
force main.
As shown on the attached Bid Tabulation, the lowest responsive bidder is Ric-Man
International, Inc. with a total proposal of $368,706.00 which includes $264,332.00 for
the base bid force main construction scope and $104,374.00 for the add alternate bid
water main upgrade. Based on their proposal and satisfactory performance on prior City
projects of this nature, Staff recommends award of the Base Bid and Add Alternate Bid to
Ric-Man International in the total contract amount of $368,706.00.
Funding for this Project is from R&R Account #442-5178-536-63.92, Highland Beach
Sewer Main. The Capital Improvement Plan for FY 96/97 reflects a $300,000.00 funding
level for this project, which funds will be available October 1, 1996 in the project
account. The balance of moneys required will be rolled over from current year funds to
complete project funding (memo with Budget Transfer attached).
¡. G. jl.
Please place this item on the October 1, 1996 Agenda for consideration by City
Commission.
RCH/gm
Att:
cc: William H. Greenwood, Director of Environmental Services
C. Danvers Beatty, P .E., City Engineer
· Howard Wight, Dep. Director of Construction
Jackie Rooney, Purchasing
file:Project 95-032 (A)
file: s:eng/eng/project/95 32/official/hbforce.doc
·
·
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RANGE: 43
SEW ERA T LAS ~~~~I~HNl:P: ~1 (NORTH) SHEET 37
. HIGHLAND BEACH FORCE MAIN RECONSTRUCTION PHASE I
BID TABULATION
PN 95032
ENGINEERS JµC-MAN INTERCOUNTY MADSEN/ INFRASTR.
ESTIMATE ····{NT'L.INC. ENGR. BARR ENGR. SVCS.
Base Bid S 335,290.00 $264,332.00 $ 311,277.00 $ 320,620.00 $ 325,990.00
Alternate $ 101,186.00 $ '104,374.00 $ 126,010.00 $ 111,763.00 $ 97,960.00
Total Bid $ 436,476.00 $ 368,706.00 $ 437,287.00 $ 432,383.00 $ 423,950.00
TELCON LANZO MAN-CON FOSTER ATLANTIS
INC. CONSTR. INC. MARINE ENV. ENGR.
Base Bid $ 329,711.50 $ 333,640.00 $ 339,597.00 $ 364,967.50 $ 482,682.00
Alternate $ 105,869.00 $ 118,635.00 $ 124,519.00 $ 98,544.50 $ 128,711.00
Total Bid $ 435,580.50 $ 452,275.00 $ 464,116.00 $ 463,512.00 $ 611,393.00
L Refer to attached sheets for itemized breakdowns
2. Contractors are listed in ascending order of Base Bid and not Total Bid
.
95032BID.TAB Sheet 1
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£IT' DF DELIA' IEA[H
DELRAY BEACH
r LOR ! [} A
~ 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII·AmericaCity
, III J! MEMORANDUM
City Commission
1993 TO:
FROM: David T. Harden, City Manage17-/l
DATE: September 26, 1996
SUBJECT: Waterway East Request for Paver Block Sidewalk
Representatives of the Waterway East Condominium have approached the City and
requested that the paver block sidewalk be extended down the east side of their property
on Venetian. Waterway East is planning to re-do their parking lots and internal
sidewalks. The internal sidewalks they intend to do in paver block. Therefore they
would like to have the existing concrete sidewalk on the east side of their property along
Venetian be replaced with paver block also. The subcontractor for the paver block on
East Atlantic A venue has given Waterway East two quotations on installing a new
sidewalk. A copy of the quotations is attached. These quotes are less than what our staff
had estimated therefore we feel they are quite reasonable.
You may recall that Waterway East gave the City land to construct the new storm water
pump station at the north end of Miramar as well as an easement for the outfall from the
station to the intercoastal and an easement for the storm sewer from Venetian to the pump
station. Waterway East did not receive any compensation from the City for these
easements. In addition to granting the easements, Waterway East also endured having
alot of their parking area tom up for several months while this project was under
construction. They are now asking that the City pay the costs of installing this paver
block sidewalk along Venetian and consider it compensation for the easements granted to
the City by Waterway East.
The sidewalk in question is a public sidewalk. The City however, at this point has no
plans to reconstruct this section of sidewalk. If the sidewalk is reconstructed it would be a
continuation of the paver block sidewalks on Atlantic Avenue.
I believe that the request from Waterway East is a reasonable one and recommend that it
be approved.
DTH/dr ~ (O¡ilúrn ~)
Enc!.
5-0
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS q·A
·ø'@.,.ø.
~ .... .... .... -J @øø ,
900 EAST ATLANTIC AVENUE - BOX 612 8fp 2
DELRAY BEACH, FLORIDA 33447-0612 Clf}' S ".96'
M4A!
II,..,,...
. ""'-,
0, '", .
, i (.:~
SEPT. 24, 1996
MR. DAVID HARDEN
CITY MANAGER
CITY OF DELRAY BEACH RE: DOING PAVERS ON SIDEWALK
ON EAST SIDE OF WATERWAY
EAST [VENTETIAN SIDE]
DEAR MR. HARDEN,
WE HAVE THE ESTIMATE FOR THE SIDEWALK ON THE EAST
SIDE OF VENETIAN DRIVE FROM "STONE AGE PAVERS" OF CORAL
SPRINGS. ENCLOSED IS A COpy OF THE ESTIMATE FOR YOUR
CONSIDERATION. SINCERELY, ~ ~7
JIM SMITH--FOR WATERWAY EAST
. 72433147 395 P02
SEP 12 '96 10:36
III' "I- III t'..'... 'AU '.1·'11' . h_.IIL 1-1:.:... : ':,c ..r:; -;or-IIII ; : '~,.: I'. I..' 1':\,·.11. 11.1. 1 . ~ WI r I ..
FACSIMILIE COVER SHEET
STONS AGB PAVERs,. Inc.
I). O. B~ '186766
eoml $prl'lfI" FL 3..W76
Broward
(964) 756-3432
l'9tU} 166·9~12
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tllDtHIUfI .ftønØlIf
Total pagN. InøhJdlnp GQver meet:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tll¡f/1
v
SUBJECT: AGENDA ITEM # c¡./3. - MEETING OF OCTOBER 1, 1996
PROGRESS REPORT FOR KEYSTONE CREATIONS
DATE: SEPTEMBER 27, 1996
This is before the Commission to consider a progress report
regarding required improvements at the Keystone Creations
facility located on the east side of N.W. 18th Street, north of
Don Francisco's Way.
On August 6, 1996, the Commission voted 4 - 1 to extend the con-
ditional use subject to certain conditions: That the site is
cleared of all scrap stone, that all stone and building materials
are removed from the right-of-way, that the walls and roof of the
building have been erected, and that the parking area has been
prepared for paving. Extension of the conditional use was
approved with the understanding that a progress report would go
before the Commission within two months from that date, and that
if Phase I improvements were not substantially completed the
approvals would become null and void.
On September 23, 1996 an on-site inspection by staff concluded
that the work has not progressed in accordance with the schedule.
Therefore, two courses of action are available: (1 ) Determine
that the conditional use and site plan approvals are null and
void and direct the City Attorney's office to pursue legal
options with respect to the continuation of this use on the
property. (2) Allow the applicant an additional two months to
complete the work, and require that the Certificate of Occupancy
be obtained for all of the Phase I improvements by no later than
December 6, 1996 and that the project be brought back to the
Commission again at its meeting of December 10, 1996 to determine
if the conditions of approval have been met.
I recommend alternative No. 2, and that Code Enforcement take
immediate action on all violations such as material stored on the
right-of-way.
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TO: DAVID T. HARDEN~
CITY MANAGER (
THRU: DIANE DOMINGUEZ, R CT ~~~
DEPARTMENT OF PLANNING AND ZONIN
FROM: JANET MEEKS, SENIOR PLANNER /~
J
SUBJECT: MEETING OF OCTOBER 1, 1996
PROGRESS REPORT FOR KEYSTONE CREATIONS
',:::::.::'.::::::::::':::::.:.::;'.::::::::::::::::::::::::::::.:::::.:::::::llm"IÎ::::II:I'~lllmš.:I:::1l:ttll:::IIMIIIIIII:::::::::::::::::::::::::::.::::::::::::::::::::I:::::::::::::::::::::::::::,::::,:::':.::~
The action requested of the City Commission is a progress report and possible
reconsideration of the Conditional Use and Site Plan Extensions granted for
Keystone Creations.
The project is a monument and stone cutting operation on a parcel of land
containing approximately 0.81 acres. The subject property is located north of
Don Francisco's Way, on the east side of N.W. 18th Avenue.
~:::;::'::':':"::::;::::':::::;:::;.:;:::::::.:::::::::::::::::::.::::::::::'::'::::\'::::::::::::::::::::::::::::::::::'::.:::::::::1]111111111::'::::::::'::::::::::::::::':::::::::'::::::::::::::::::':.:::::::.::::::::::::::::::::::::::::::::::::::::::::::,::::::::::::::::::.::·::;:::.:::::':::::::::,:::,:::::t
On August 6, 1996 the City Commission voted to extend the Conditional Use
and site plan approvals for Keystone Creations for a maximum of four (4)
months, subject to conditions. At the end of that four months, all of the Phase I
improvements were to be completed. As a condition of approval of the
extension, the project was to be brought back to the Commission for a progress
report in two months (October 1, 1996 meeting) with the understanding that if
Phase I improvements were not substantially completed by that time, the
Conditional Use and site plan approvals would become null and void, and the
Commission may consider possible legal options with respect to the continuation
of this use on the property.
The applicant's agent, attorney Bruce Kaleita, was sent a follow-up letter from
the Planning and Zoning Department (copy attached) on August 8, 1996. Within
that correspondence the agent was informed that the following improvements
needed to be made by the October 1 st date in order for the Commission to make
a finding that the project is substantially complete:
City Commission Documentation
Progress Report - Keystone Creations Conditional Use and Site Plan Extension
Page 2
1. That the site is cleared of all scrap stone;
2. That all stone and building materials are removed from the right-of-
way;
3. That the walls and roof of the building have been erected; and,
4. That the parking area has been prepared for paving.
On September 23, 1996 staff visited the site to determine what improvements
have been accomplished. The site visit revealed that virtually no progress has
been made on the site work since the Conditional Use extension was granted on
August 6. The improvements were limited to foundation work, and some
construction of perimeter walls. The site has not been cleared of stone, the walls
and roof of the building have not been erected and the parking area has not
been prepared for paving. In addition, two (2) new large blocks of coral rock
have been placed in the right-of-way.
Additional background information and full analysis of the extension request can
be found in the attached Planning and Zoning Staff Report dated August 6,
1998.
I'::·::·::,::·::·:;::':.::,::::::,:,:::::::.:;::,::::.:::::::'::::,::;;:::::::,::,:::::::::':::::1'1111111'=11:::1.1111:::11:::111111:::::::::::::::::::::::::::::::::::::::::::::::::,:::::::::::':.::::::::::::::;:.:::::'::::::::::,::::::;:::::'1
1. Based on the fact that Phase 1 improvements are not substantially complete
as required by a condition of the Conditional Use and site plan extension
approvals granted by the City Commission on August 6, 1996, determine
that the Conditional Use and site plan approvals are null and void, and direct
the City Attorney's office to pursue legal options with respect to the
continuation of this use on the property.
2. Take no action at this time, and allow the applicant the additional two months
to complete all of the work. The condition of approval that the applicant
obtain a Certificate of Occupancy for alLof the Phase 1 improvements by no
later than December 6, 1996 would still be required. The item would be
brought back to the City Commission meeting of December 10, 1996 to
determine at that time if the conditions of approval have been met.
I::::·::::::i.:::·;::::::::::,::::.::·:::::::::::::::::,:::::::::::.::::::::':.:::::::'::::;:::::;:::,:':::':::::::;:·::::II..IIN:III:::III,II:,:::::::::::::::::::::::::¡:::,:::::::::::.:::::':::::::::::::::::,:::::::::::::::::,I:i::::::::::::¡:::::::::::::::::::,::::::;:::,:::::::::::::1
Commission discretion.
Attachments:
. City Commisison Documention dated August 6,1996
. Follow-up Letter to Bruce Kaleita (copied to Ron Ballman, owner)
) !
[IT' DF DELRAY BEA[H
DELRA Y BEACH
f tOt I D ...
t:dtd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII·America City
" III!
1993
August 8, 1996
**VIA FASCIMILE--ORIGINAL
Bruce Kaleita, P .A. TO BE MAILED**
500 Australian Avenue South
Clearlake Plaza, Suite 600
West Palm Beach, Florida 33401
RE: Keystone Creations- Extension of Conditional Use
Dear Mr. Kaleita,
This letter will confirm that at its meeting of August 6, 1996, the Delray Beach City
Commission voted to extend the conditional use approval for Keystone Creations for a
maximum of four months, subject to the following conditions:
1. That the applicant process a non-impacting site plan modification indicating Phase 1
and 2 improvements by no later than August 21, 1996;
2. That all of the perimeter landscaping and buffers be installed pursuant to the
approved site plan as part of the Phase 1 improvements;
3. Tbat the project be brought back to the Commission for a progress report in two
months with the understanding that if Phase 1 improvements are not substantially
completed the Conditional Use and site plan approvals will become null and void,
and that the Commission may consider possible legal options with respect to the
continuation of this use on the property; and
4. That the applicant obtain a Certificate of Occupancy for all of Phase 1 improvements
by no later than December 6, 1996. /
,,-
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
)
Bruce Kaleita
RE: Keystone Creations
Page 2
Therefore, the first deadline involves the immediate submission of a phasing plan.
This plan should also include the revisions that he intends to request for the front wall.
We will present a progress report to the Commission at its meeting of October 1,1996.
At that time, based upon the degree of progress made in completing construction, the
Commission will determine whether or not to discontinue the extension. I would
suggest that the following needs to have occurred by that date in order for the
Commission to make a determination that the improvements are substantially
completed:
1. that the site is cleared of all scrap stone
/ 2. that all stone and building materials are removed from the right-of-way
3. that the walls and roof of the building have been erected
4. that the parking area has been prepared for paving
All other improvements, including the building finishes, paving and striping of the
parking area, and installation of walls and landscaping, must be completed by
December 21, ~ 996. I feel quite certain that the Commission does not intend to
approve any additional extensions for this project.
Please impress upon your client the importance of complying with this schedule. If you
have any questions or if you disagree with any of the information contained in this letter,
I will be happy to discuss it with you or Mr. Ballman.
Sincerely,
~~
. ¿ ~' 1
Diane. Qpminguez ~
Director of Planning and Z ning
c: Janet Meeks, Senior Planner
Ron Ballman, Keystone Creations
, ,
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TO: D~'D~HARDi~CITY_MANAGER
. v\!L kkrr\À.ÀJ-..Q LJJ¿
THRU: DIA DOMINGUEZ, DIRECJ))R
DEPARTMENT OF PLANNING A D ZONING
~~-~
FROM: J~NET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF AUGUST 6, 1996
REQUEST FOR AN EXTENSION OF A CONDITIONAL USE AND SITE
PLAN APPROVAL FOR KEYSTONE CREATIONS
I::::::::::,::::'¡:::::¡::i:,:::::::::;;¡:::::::;::::::¡:¡::¡::,:::::::::¡:::::::':·::::::::~¡:::::::::::IIOOìlï:::I§Iº:~§jJ.!~I¡::II¡:ml:¡:llllìl§ÎII¡:¡:::¡::::::::,.:::::¡:::::::::::,::,:::::::::::::::;¡¡:¡:::¡:::::::::::::::::::::::::::::::¡¡::::::¡::;:I
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Conditional Use and Site Plan approval for Keystone Creations.
~ The project is a monument and stone cutting operation on a parcel of land
containing approximately 0.81 acres. The subject property is located north of
Don Francisco's Way, on the east side of N.W. 18th Avenue.
Currently, the site contains a wood frame structure and a stone cutting saw for
Keystone Creations. The use of a monument and stone cutting business has never
been legally established. The subject property has a long and controversial land use
history, and the most recent history is provided below.
On September 28, 1993, The City Commission approved a Conditional Use request for
Keystone Creations for the establishment of a monument and stone cutting business
subject to conditions.
On March 9, 1994, the Site Plan Review and Appearance Board approved a site and
development plan for Keystone Creations subject to conditions. .
One of the conditions for both approvals was "that all of the improvements indicated on C
the approved site plan be constructed within eighteen months from the date of
Conditional Use approval". This condition was attached in-lieu of the standard
~ City Commission Document£:- (-
r , Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals.
',' Page 2
(" provisions for establishing projects contained in Section 2.4.4(0), which states that the
project is vested if 25% of the improvements are installed.
The site and development plans for Keystone Creations provide for the construction of
two buildings, outside storage area, parking, and associated landscaping (see attached
site plan). The larger of the two buildings would be two stories containing offices,
warehouse and storage of finished product, and stone which are currently being stored
outside on the site. The smaller building located to the rear of the property would be
one story containing the two stone cutting saws, lathe, and storage for stone waiting to
be processed.
On February 21, 1995, the City Commission granted an extension for the Conditional
Use and site plan for an additional 18 months with the following conditions:
· That the plat be approved and recorded by May 1, 1995.
· That a full building permit application and building construction plans be
submitted for plan review by June 1, 1995.
· That in-field construction commence by August 1, 1995.
( · That all the improvements as shown on the site and development plans be
constructed by August 21, 1996 [in-lieu of the standard provision for establishing
projects contained in Section 2.4.4(0)].
The Commission voiced their concerns about the project and their desire that the above
time frames be met. Failure to comply with any of the above dates would immediately
cause the extensions for Conditional Use and Site Plan approvals to become null and
void.
The plat was recorded on time, the building permits were submitted for plan review by
June 1, 1995, however infield construction just started several weeks ago. The
Conditional Use and Site Plan approvals will expire on August 21, 1996, unless another
extension is granted. The applicant has requested an extension to both approvals
based on circumstances which he feels were beyond his control.
Additional background information and full analysis of the development proposals can
be obtained upon request from the Planning Department.
J;::::;:::::::::':¡::;:::U;~¡~f~::¡:::~¡:¡:~¡¡¡:¡¡::¡"::'¡:¡:::::¡::::'¡t:¡:~::':::¡:;::'::::¡::::':::::¡:::i:::::.:,::,·:·:'t::':;:··llml§JII:::::::!R!!fM§I~:¡:i:::::[::::::~:::::::::::::;:iI:::;::'::::·:·:::::;:::·:::::::':..::::.>.:.:,.....;:::::::..;':'::.:.::¡::::::::;:il
( Pursuant to LOR Section 2.4.4(F) (Extensions), extensions may be granted to a
\ previously approved application pursuant to the following:
.
City Commission Docume( .on c= .
\
Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals.
Page 3 J
· A written request for an extension must have been received by the City at least ("
forty-five (45) days prior to the expiration date;
· The letter must set forth the basis and reason for the extension;
· The extension shall be considered by the same body which granted the original
approval;
· The extension, if granted, shall be for eighteen (18) months unless otherwise
stated.
Additionally, when an extension is requested for a project on which construction has not
commenced, or construction has not been deemed substantial, the granting body must
make findings as outlined in Article 3.1 of the LDRs. These are the same findings that
were made for the original approval, which relate to Consistency with the Future Land
Use Map and Comprehensive Plan, Concurrency, and Compliance with the Land
Development Regulations.
The letter of request (copy attached) was submitted by the agent for Keystone
Creations in a timely manner and states the following:
Reasons for Delay in Completion of Structures (
n... The City Commission asked that construction of the buildings be commenced and
concluded at times set in the original order. For the reasons which follow, it became
impossible to meet those construction deadlines, but the client is now ready to proceed.
One reason the client could not commence construction at the time requested, is that
the use was asked to construct a public sewer main within 18th A venue, from Atlantic
A venue to the property. Construction of a sewer line proved financially impossible to
do, because the cost of the construction of the sewer line was very substantial. This
client is financing all of his work on this site from has savings, without the benefit of any
bank financing........ The client applied to HRS for an exemption from connection to
sewer. The Department ultimately in April of this year granted the exemption. This
enabled the client to finally apply for building permits for the use. While this did lead to
some delay in getting construction stated, the client has since April proceeded as
diligently as possible.
The letter indicates that the building to the rear, seven parking spaces, and dumpster
enclosure will be constructed by August 21, 1996, as well as removal of most of the
stone from the site. While some progress has been made, it does not appear that the
improvements can be completed by August 21 st. (
There have been no changes in the Land Development Regulations since the time of
the original approvals which would make any aspect of the proposed monument and
t, ~ . /
. City Commission Document( (
Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals.
Page 4
,
( stone cutting business non-conforming. Similarly, a finding of concurrency can be
made for this project with respect to the level of service standards.
Staff conducted a site visit on July 29, 1996 to verify the progress of construction. The
footers for the building to the rear have been laid, and the concrete wall along the
southern property line is under construction (footer and about three courses of block
laid for a 6' high wall). The owner has indicated that the slab for the building will be
poured within the next week. Building materials i.e. roof trusses, dumpster, and
concrete block, have been brought to the site in anticipation for the continuation of
construction ( it is noted that these items are being stored in the adjacent right-of-way).
The applicant is proposing to divide the project into two phases. Phase 1 would include
the rear building that will enclose the saw, as well as parking and perimeter landscape
improvements. Phase 2 will include the second building and additional parking. The
Phase 1 improvements--enclosing the saw and screening the outside storage--are the
critical improvements that will bring the site into compliance with codes. The second
phase improvements are primarily those desired by the applicant to improve his
operations.
Based on the fact that the saw building is under construction, it may be appropriate that
the Commission allow the applicant to progress with the construction and grant a four
( (4) month extension subject to the following conditions:
· That the applicant process a non-impacting site plan modification indicating Phase 1
. and 2 improvements by no later than August 21, 1996;
· That all the perimeter landscaping and buffers be installed pursuant to the approved
site plan as part of Phase 1 improvements; and
· That the project be brought back to the Commission for a progress report in two
months with the understanding that if the Phase 1 improvements are not
substantially completed that the Conditional Use and site plan approvals will
become null and void, and that the Commission may consider possible legal options
with respect to the continuation of this use on the property;
· That the applicant obtain a Certificate of Occupancy for all of Phase 1 improvements
by no later than December 6, 1996.
I . ..' .... . ... . ..... .... I
:;:::\\¡::l:~:::::;:::::::~::::':l!:::¡:¡:::::¡::¡:::::::eEMIJIÎ:::IR:I::gmJíJ.MI:.:llllglllgl:¡:llllí&BDIN:¡·U.
Since the City Commission is the body which granted the original approval for the
Conditional Use, and the site plan is tied to that use approval (both of which are being
I I requested to be extended), neither the Planning and Zoning Board nor SPRAB have
\
reviewed this request.
,
City Commission Docume( (~- .
,m
Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals, .~
Page 5
I':·:·:·:·:::':',·::i:::'.'::::::..::::¡:j:(·:::::.:::(,,::::,:.::::,:;:.,.,.::,!,.;::::!::::::::::,,::::,::.:::::·:;lm1\melæ!II:::IIUIII§:::IJ.i:::llltI8:::(::::::::::::::.:::::::::::::::::::::'::::":::::':::';:::::':.::::::'::'::::::::":::.:::::':::.',::.':;':.:::':;:.::::::':·1 (in-
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1. Deny the extension request for the Conditional Use and site plan for Keystone
Creations.
2. Grant an extension request for both the Conditional Use and site plan for Keystone
Creations for an additional four (4) months subject to the following conditions:
· That the applicant process a non-impacting site plan modification indicating
Phase 1 and 2 improvements by no later than August 21, 1996;
· That all the perimeter landscaping and buffers be installed pursuant to the
approved site plan as part of the Phase 1 improvements; and
· That the project be brought back to the Commission for a progress report in two
months with the understanding that if Phase 1 improvements are not
substantially completed the Conditional Use and site plan approvals will become
null and void, and that the Commission may consider possible legal options with
respect to the continuation of this use on the property;
· That the applicant obtain a Certificate of Occupancy for all of Phase 1 C"¡
improvements by no later than December 6, 1996.
t I····················································.............. .............. .. .......... ............ .. ..... ·.':·:'::::::;:,:::,::::,::.:,;:::,:,:::::,:,:1
::;:;::,;::::::;::;:::::::;'::;:::::::::::::¡¡::¡¡::::::;:::;:::::"::::¡I::::::¡::¡::],:::::::::::::::':¡I:'::::::::,,::.:;; .:.:.::.':::::·:..·:.~º~~M§~I§~::I\;rolgø.:::.:::::i:::,:.:;:::::.:.::::::::::.:::::.:::::.:::::..::,:·i:::.:::i.:· . .
Commission discretion.
Attachments:
* Letter of Request
* Site Plan
C"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttl--t/1
SUBJECT: AGENDA ITEM # q·C. - MEETING OF OCTOBER 1, 1996
LICENSE AGREEMENT/MUSICIAN'S EXCHANGE, INC.
DATE: SEPTEMBER 27, 1996
This is before the Commission to approve a license agreement with
Musician's Exchange, Inc. for use of right-of-way to provide a
valet parking queue at 213 East Atlantic Avenue for customers of
their facility. The initial request was for three spaces to be
reserved for valet operations between 5:00 p.m. and 1:00 a.m. ,
seven days a week. Customer vehicles would then be parked in two
private lots owned by SunTrust Bank located south of Atlantic
Avenue, on the east and west sides of S.E. 3rd Avenue.
The initial request for three spaces was reviewed by the City's
Streets, Engineering and Police staff, who recommended that they
should be limited to two spaces. The current request, with a
two-space limitation, was reviewed by the Development Services
Management Group on August IS, 1996. The DSMG authorized the
preparation of a license agreement similar to that with Peter's
Stone Crab.
The license agreement will address only the two public spaces to
be used by the applicant. The private agreement between
Musician's Exchange and SunTrust Bank are outside the jurisdic-
tion of the City. The Parking Management Team reviewed this item
at their meeting on September 12, 1996, and voted unanimously to
recommend approval of the license agreement. However, in a
related motion the PMT approved a recommendation that the
Commission place a moratorium on the approval of any subsequent
license agreements for valet operations until a master plan for
such operations in the downtown area is approved.
Recommend approval of the license agreement with the Musician's
Exchange for use of right-of-way to provide two valet parking
spaces, subject to the conditions recommended by City staff.
/ I~
l_ r'
r ?v/1
TO: ¡; HAR~ITY MANAGER
~ Mtí~
FROM: DI NE DOMINGUEZ, DIR TOR
DEPARTMENT OF PLANN NG A ZONING
SUBJECT: MEETING OF OCTOBER 1, 1996 ** CONSENT AGENDA **
LICENSE AGREEMENT WITH MUSICIAN'S EXCHANGE, INC.
The action requested of the City Commission is that of approval of a license agreement
with Musician's Exchange, Inc. for use of right-of-way to provide valet parking for
customers in the 200 block of East Atlantic Avenue.
I n:<'~:,~>:j'''4¡~,~;":',:' "'",,, . '."...IIIII::i1:;:'>:":)';:':::: ii,· "'~
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The Musician's Exchange requested a license agreement for a valet parking queue at
213 East Atlantic Avenue. The initial request was for three spaces to be reserved for
valet operations between 5:00 P.M. and 1 :00 A.M., seven days a week. Vehicles will
be parked in two private lots, owned by SunTrust Bank, located south of Atlantic
Avenue on the east and west sides of S.E. 3rd Avenue.
The request was reviewed by Streets, Engineering and Police. In summary, their
comments were:
· The number of spaces approved should be limited to two;
· The approved spaces should be located at the west end of the 200 block of Atlantic
Avenue to inhibit stacking across the railroad;
· The license agreement should include clear language stating that, if the operation
should create any traffic problems (specifically stacking in the travel lanes), the
license will be terminated.
The request was reviewed by the Development Services Management Group (DSMG)
on August 15, 1996. The DSMG authorized the preparation of a license agreement
similar to that with Peter's Stone Crab, and recommended that the item be forwarded to
the City Commission for approval after giving the Parking Management Team an
opportunity for review and comment.
City Commission Documentation
License Agreement with Musician's Exchange, Inc.
Page 2
The Parking Management Team (PMT) reviewed this item at their September 12th
meeting. Concerns were expressed that, under the private agreement between
Musician's Exchange and SunTrust Bank, the SunTrust parking lots might no longer be
available for general public parking. Discussion focused on the exclusivity of the use of
these parking lots, which are now used by the customers of several businesses. Staff
noted that private agreements are outside the jurisdiction of the City, and the license
agreement will address only the public spaces to be used by the applicant. Mr. Egan
(PMT member) suggested to the applicant that the Musician's Exchange should take
steps to secure the Sun Trust parking spaces covered by their agreement, since spaces
in the parking lots fill early with general parking. Further discussion focused on the
need to develop an master plan for valet parking in the downtown area. After
discussion, a motion was passed unanimously to recommend approval of the license
agreement.
In a related motion, the PMT approved a recommendation that the City Commission
place a moratorium on the approval of new license agreements for valet operations
which utilize public parking lots until a master plan for such operations in the downtown
is approved. This recommendation will be sent to the City Commission for
consideration.
By motion, approve a license agreement with Musician's Exchange, Inc. for use of right-
of-way to provide valet parking for customers in the 200 block of East Atlantic Avenue.
Attachment:
* License Agreement
S:\ADV\MUSIC6.DOC
· .
LICENSE AGREEMENT FOR USE OF RIGHT..OF-W A Y
TillS AGREEMENT ("The Agreement") is made this _ day of , 1996
by and between the CITY OF DELRA Y BEACH, a Florida M~nicipal Corporation (the
"City"), and MUSICIAN'S EXCHANGE, INC., a Florida corporation ("MEI").
WITNESSETH:
WHEREAS, MEI has requested permission to use two public parking spaces
adjacent to its business located at 213 East Atlantic Avenue to provide valet parking for
customers along Atlantic Avenue from 5:00 p.m. to 1:00 a.m.; and
WHEREAS, the two parking spaces are located east of N.E. 2nd Avenue on the north
side of Atlantic A venue; and
WHEREAS, in order to use the two parking spaces, the CITY requires that MEI enter
into this License Agreement for the use of the parking spaces for the valet service; and
WHEREAS, the parties desire to enter into this Agreement in order to permit the use
of the parking spaces in accordance with the considerations set forth in these recitals.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parking Spaces. The CITY agrees to allow MEI to use the first and second
parking spaces east of N.E. 2nd Avenue on the north side of Atlantic Avenue for valet parking
purposes. The parking spaces are to be used for valet parking daily between the hours of 5:00
p.m. to 1:00 a.m. MEI acknowledges that the parking spaces may be unavailable for use
during certain special events during the year and during the special events the license will not
be valid.
3. Term and Renewal. The term of this Agreement shall be for one year from
the date written above. The license may be renewed annually by the City Manager following
receipt of a written notice from MEI that MEI desires to continue using the parking spaces for
valet parking.
4. Revocable License. This Agreement is only a License Agreement and may be
revoked by the CITY at anytime upon providing written notice via U.S. Mail to MEI.
5. Compliance with Laws. MEI agre,es to comply and adhere to all state laws
and local ordinances regarding parking. MEI further acknowledges that due to the high traffic
in this area, double parking unattended vehicles will not be permitted.
6. Notice. Notices required to be provided pursuant to this Agreement shall be
sent to the following addresses:
To CITY: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To MEI: Andrew W. Astrove
6702 S. Grande Drive
Boca Raton, Florida 33433
7. Further Assurances. The parties shall from time to time execute and deliver
such other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
8. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
9. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
10. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
2
·
11. Insurance. MEI agrees to provide the CITY with assurance, subject to the
approval of the CITY'S Risk Manager, that general liability insurance for the valet service is
in place, and that the City of Delray Beach is named as an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, MEI shall indemnify and save harmless the CITY
from and against any and all claims, suits, actions, damages and/or causes of action arising
during the Term of this Lease for any personal injury, loss of life and/or damage to property
sustained in or about the parking spaces by reason or as a result of the use and occupancy of the
parking spaces by MEI, its agents, employees, licensees, invitees, and members of the public
generally, and from and against any orders, judgments, and/or decrees which may be entered
thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event the CITY shall be made a party to any
litigation commenced against MEI or by MEI against any third party, then the CITY shall
protect and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY
in connection with such litigation, and any appeals thereof.
13. Third Parties. Nothing in this, Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
14. Termination. MEI acknowledges that the CITY is currently developing a
uniform policy/procedure for the use of public parking spaces for valet parking services.
Upon adoption of the uniform policy/procedure, this License Agreement will be null and void
and of no further force and effect. MEI will then comply with the CITY'S policy/procedure
for use of public parking spaces.
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this _ day of ,1996.
Signer, Sealed and Delivered
in the Presence of:
THE CITY OF DELRA Y BEACH,
ATTEST: a Florida Municipal Corporation
By:
Jay Alperin
Mayor
Approved as to legal sufficiency
and form:
Assistant City Attorney
~....,. NANCY WOllN£ft
.f~\ MY COMMISSIIN' CC 522331
¡ i.· ~. 2000
, :...~ .:.,1 EXPIRES: f""*Y 2t.
:i .<~ fif..¡jl IItnIeCI11ICU MaIIIY ... ~
, I, n'-' '" ..-I-~~
(SEAL)
STATE OF FLORIDA )
) S8:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
-
, 1996 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida
municipal corporation, on behalf of the corporation.
Notary Public
OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
4
- -
STATE OF FLORIDA )
) ss:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
-
, 1996 by , as of
, a corporation, on behalf
of the corporation.
Notary Public
OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
MEI.agt
5
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C'
, ,
('··..2 'ì
;:J'v
I-
MEMORANDUM
'10: DAVID T. HARDEN, CITY MANAGER
FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # q 0 - REGULAR MEETING OF OC'1OBER 1, 1996
SPECIAL EVENT REQUEST/1ST ANNUAL PINEAPPLE FESTIVAL IN THE GROVE
DATE: SEPTEMBER 27, 1996
ACTION: City Conunission is requested to endorse the 1 st Annual Pineapple
Grove Way Festival to be held Saturday, October 26, 1996, from 4:00 p.m. to
11:00 p.m., to grant a temporary use permit per LOR Section 2.4.6(H) for
use of City rights-of-way, and to provide City staff support as outlined.
BACKGROUND: Pineapple Grove Main Street, Inc. is sponsoring a family
oriented fund raising event on October 26th. They are requesting the
following support from the City:
(1) Permission to close Pineapple Grove Way, between Atlantic Avenue and
N.E. 1st Street, on the day of the event from 7:00 a.m. for set-up
through midnight for tear-down and clean-up;
(2) Permission to utilize outdoor, amplified public address and sound
systems during the hours of the event;
(3) Permi ts for such other purposes as might be suggested by the nature of
the event, including waiver or reduction of tent permit fees;
(4) Barricades on Pineapple Grove Way and the alleys traversing Block 76;
(5) Traffic control, event and parking directional signage and one or more
uniformed Police officers (at Police Department's discretion);
(6) The City1s small, uncovered stage;
(7) Port-o-Lets (or equivalent temporary restroom and hand washing
facilities); and
(8) A proclamation expressing the City's support for the event. If
approved, this will be scheduled for October 15, 1996.
No waiver of overtime is being requested. Maximtun estimated overtime for
the event is estimated at approximately $850.00. This would include Police
security and barricade set-up and take-down. Stage set-up and removal can
be done without overtime. Staff approves of the request for the temporary
use permit and support from the City, except for the following:
(1) The event sponsors should arrange for and pay for Port-O-Lets.
(2) Consider waiver of tent permit fees, but not required inspections.
RECOMMENDATION:
Approve the Pineapple Grove Mainstreet event request for a temporary use
permit and staff support for the 1st Annual Pineapple Festival in the Grove
wi th the exceptions noted by staff.
ref:agmemo5 Clp¡x~wy
k¡~ .s--()
PIN£APPL£ 6ROV£MAIN STREET, INC.. ~9jl¡J/9?
. , , &t
. 24 North Swinton Avenue· Delray Beach · Florida 33444
" Phone (407) 279-9952 . Fax (407) 276-8558
"
Memorandum J(p
e¡,y I 9
DATE: September 18, 1996 ~1"1/f ð!94'
.'.I"It:-
'-""?''"'
David Harden, City Manager '1t:¡:-,
TO: 1f,1~
City of Delray Beach lAPr 9-;;;'0 -q ~ tk...
Chris Brown, Executive Director
Community Redevelopment Agency ~~~
FROM: Tom Fleming, Program Manager P1t~f-JÒI)
SUBJECT: 1st Annual Pineapple Festival in the Grove ~,
CC: Pat Stark, Chair, PGMS Special Events Committee
This memorandum constitutes our application for permit for the use of City rights-of-way,
CRA property, and City services in connection with the proposed outdoor event, co-
sponsored by and benefiting Pineapple Grove Main Street, Inc. ("PGMS"), as more fully set
forth below:
pi Annual Pineapple Festival in the Grove
Saturday · October 26th · 4:00 p.m. untill1:00 p.m.
The CRA's "Block 76" Parking Lot and adjacent unpaved lot, together with
Pineapple Grove Way between Atlantic A venue & NE 1st Street
(Ocean City Lumber Co. is also donating a portion of its grounds for the event.)
General Overview.
PGMS produces periodic promotional events to raise and maintain the public's awareness
of the Pineapple Grove neighborhood, its history and plans for redevelopment, as an integral
element of the four-point, "Main Street Approach" to economic revitalization (Design,
Organization/Outreach, Promotion, Economic Restructuring).
We plan to host two primary and several secondary promotional events each year in the
Grove. The primary events are Games of the Grove in the spring, and the Pineapple Festival
in the Grove as the fall event. The 1996 Festival was scheduled in consultation with
Downtown Coordinator Marjorie Ferrer; it is timed to coincide with Heritage Month and the
children's downtown Halloween Parade.
Description of Event.
. The Festival is a celebration to showcase the history of Pineapple Grove and the
revitalization plans underway and under consideration. Events and activities are designed
to attract families with young children during the afternoon and early evening hours, with
the emphasis shifting more toward the "grown-ups" later in the evening. Activities
include:
* A variety of children's activities, exhibitions, and "fun-educational" programs
* A roving videographer conducting interviews with attendees, and a "video kareoke"
* Pineapple oriented recipe and eating contests
* A scavenger hunt that will direct contestants throughout the neighborhood
. .. * Photos with "Mr. Pineapple" (any volunteers?!?)
.
-. * An outdoor slide show featuring the Grove's "Yesterday, Today, and Tomorrow" that
will run continually from sundown to closing
* Music, both live (we're working on two local bands on stage, plus one or more
"unplugged" groups elsewhere on the grounds) and pre-recorded
· With the Festival's proximity to Halloween, guests will be invited in pre-event publicity to
dress in costume and/or celebrity look-alike outfits.
· "Craft brewers" will offer small samplings of their products (this year, locally controlled).
Beer, wine, soft drinks, other non-alcoholic beverages, and food will be sold by vendors
on site.
· We hope to attract approximately 1,500 attendees from Delray Beach and surrounding
communities.
· Food and other vendors wi1llikely be located under individual10'xlO' tents (we might
also wish to erect a larger "dining" tent). Each vendor will be supplied with skirted
serving tables. The application for tent permits will be submitted separately.
· Live and pre-recorded music will be ongoing generally throughout the event, and a public
address system will be in use for announcements and the like.
CRA Involvement.
Our request of the CRA is use ofthe Block 76 parking lot and the unpaved lot in front the
Love's building mural. We plan to utilize the eastern half of the parking lot as part of the
event venue and the western half for vendor and public parking.
City Involvement.
We seek the City's permits, as applicable:
1. to close Pineapple Grove Way, between Atlantic Avenue and NE 1st Street, on the day
of the event from 7:00 a.m. for set-up through midnight for tear-down and clean-up.
2. to utilize outdoor, amplified public address and sound systems during the hours of the
event;
3. for such other purposes as might be suggested by the nature of the event, including
waiver or reduction of tent permit fees.
We further seek the City's support in connection with the following services:
· barricades on Pineapple Grove Way and the alleys traversing Block 76;
· traffic control, event and parking directional signage and one or more uniformed
police officers (at DBPD's discretion);
· the City's small, uncovered stage*,
11 ..y. Port-O-Lets (or equivalent temporary restroom and hand washing facilities);
· a Proclamation from the City Commission, read into the record in advance of the
event, expressing the City's support for the event (this being the "1st Annual"); and
· such other City services that Department Heads might suggest.
Pineapple Grove Main Street, Inc., is aware that certain charges may be assessed by the
City in connection with the services provided. We look forward to the City's input in this
regard.
As always, we stand ready to do everything in our power to assist the City's efforts in
connection with the event. Department Heads are encouraged to call Tom Fleming or Arlene
Raffa at the Main Street office (279-9952) to coordinate the details.
Thank you in advance for your thoughtful consideration and attention to the foregoing.
2
· ~iðJ 9//'&¡C¡(P~
RECEIVED
Memorandum SEP 261996 /
PU I
To: Robert A. Barcinski, Asst. City Manager
From: Scott Solomon, Superintendent of Streets/Traffis-#
Date: September 26, 1996
Subject: Response Pineapple Grove Way
Special Event Reauest
I have reviewed the request from Pineapple Grove Main Street for there
1 st Annual Pineapple Festival in the Grove.
The request for overtime will be manned by 2 employees at the call-out
rate of 3hr. each at an average of $15.15 per hour with benefit multiplier
included for an approximate 12hr. total this includes set-up and
takedown.
Approximately 50 barricades will be delivered and set-up at a cost of $.55
per barricade per day for a total of $27.50 if charged.
Total estimated cost will be $209.30
Port-a-Lets will need to be ordered by the Pineapple Grove Main Street.
There is no mention of garbage containers or their removal. These two
items may be contracted through BFI.
If you agree with these cost estimates and we are requested to comply
with this request please advise.
If you have any questions please call.
~} I"., 7
rr'LJ I
cc: Hoyt Owens, Deputy Director of Public Works
· . /!UWlufjr.15J'I& ~
DELRAY BEACH
F I 0 . In"
Delray Beach Police Department twad
All-America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 " III!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager
FROM: William McCollom, Lieutenant ~
Special Operations Section
DATE: September 24, 1996
SUBJECT: 1ST ANNUAL PINEAPPLlE FESTIVAL IN THE GROVE
The geographic description of this event is similar to the Brew Festival sponsored by
the Pineapple Grove Association last year. To provide sufficient security for the Brew
Fest, it was necessary to staff the event with three officers.
Because the sponsors are requesting the consumption of alcohol and there will be
vendors collecting money, it is my recommendation to staff this year's event with three
officers. The overtime estimate to staff this event is $653.94. This estimate is based
on the topped-out patrolman's overtime rate of $31.14.
I would propose that two officers are assigned primarily for perimeter security and the
third officer is assigned to patrol the interior of the event. This will give a measure of
patrol to the outlying parking areas and provide immediate assistance to the officers
working the event.
WMC/gb
cc: Chief Overman
Major Lincoln
Captain Schroeder
Î1 ~J 6/0
~; 1':1 for)- ..N1 ~
MEMORANDUM ~þ- ~ S~":
TO: MAYOR AND CITY. CO.' MMISSIONERS n -~[ ôfI ,"- _ _,,¡t <I- ~
.".. 1/1 µpuv ~- 5 /0
FROM: CITY MANAGER f./l fJt;;tv
SUBJECT: AGENDA ITEM # 92:· - MEETING OF OCTOBER 1, 1996
CONDITIONAL USE REOUEST/HAMMOCK RESERVE
DATE: SEPTEMBER 27, 1996
This is before the Commission to consider a conditional use
request to allow 103 zero lot line development in the RM (Medium
Density Residential) district. The subject property is part of a
project known as Hammock Reserve, and involves 103 of the 273
total lots of a Master Development Plan. This is a portion of
Blood's Grove which is located on the south side of Linton
Boulevard east of Military Trail, and involves 28.29 acres of an
83.3 acre parcel. Pursuant to LDR Section 4.4.6(D) (8) within the
RM zone district, single family detached residences in zero lot
developments are allowed as a conditional use, thus the basis for
the request.
At its meeting of September 16, 1996 the Planning and Zoning
Board recommended approval of a reduction in pavement width, and
an internal adjustment to reduce the lot widths. The Board voted
5-0 to recommend that the conditional use request be approved
based on positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.S(E) (5) (Conditional Use Findings) of
the LDRs, subject to certain conditions as outlined in the staff
report.
By separate motion, the Planning and Zoning Board approved the
Master Development Plan for Hammock Reserve based on positive
findings with respect to LDR Section 2.4.S(F) on a 5-0 vote which
included the provision that the internal adjustments, dead-end
streets and reduction in pavement width be approved as part of
the Master Development Plan. In addition, Palm Beach County
approved the traffic study. These two actions satisfy two of the
four conditions of approval.
The Planning and Zoning Board recommends approval of the
reduction in pavement width, and approval of the conditional use
request with the remaining two conditions: (1) That the RM zoned
portion of the property be included in the Master Development
Plan for the entire Bloods Grove property, and that if a Master
Development Plan for the entire property is not implemented, the
conditional use approval will be null and void, and (2) that the
Commission make a finding at the time of plat approval that it is
necessary and appropriate to create lots that do not meet the
minimum lot width for the RM district. They further recommend
acceptance of the Board's action approving the Master Development
Plan.
· [;Ý)
f!-¡~·\~+·~
··················.····························"'I"'rU.·n'all·M·la'I·la,.l..n:~ft.',"'....cL'm:Aiml:A&:'..............H..·..................·.........
TO: DAVID T. HARDEN
CITY MANAGER & Ç\
~ ~~t/¿
THRU: DIANE DOMINGUEZ, DIRECTOR J
DEPARTMENT OF PLANNING AND ZONI
FROM: JANET MEEKS, SENIOR PLANNE~
SUBJECT: MEETING OF OCTOBER 1, 1996
CONDITIONAL USE REQUEST TO ALLOW A ZERO LOT LINE
DEVELOPMENT IN THE RM ZONE DISTRICT FOR A PROJECT
KNOWN AS HAMMOCK RESERVE.
I·:::":::"':":':':':::::":;:::::::::'::::::::::::::::::::::::::::'::.:::::.:,':::::;::':'::::1100111::::llIlllmll::II::'III:;IIIIIIIIII:i:::::::::::::::::,::::::::::::::::::::::::::::::::::::::::::,:::::.:::::'::,:.:::::,:::::::.:::':,:::':::::::1
The action requested of the City Commission is approval of a Conditional Use request
to allow a zero lot line development in the RM zone district. The subject property is part
of a project known as Hammock Reserve, and involves 103 of the 273 total lots of a
Master Development Plan.
The subject property is a portion of Blood's Grove which is located east of Military Trail
on the south side of Linton Boulevard, and involves 28.29 acres of an 83.3 acre parcel.
~:'·";·.:.":::::::::".?':'··::·::':H'·:···'·':::::·::·::.,.,.:¡'::::::::.:":.:.'::":':.:.'::.'::':::':::'::::;,,::::;::' .".:~G.øl.Ef·.· :.::':H :':.:'. '.' '..: :..'H.. .:.::."T:.. . "'::::., :.,., ':...:., '.. :. t
A Master Development plan was submitted on August 12th for the entire 83.3 acre
development, which provides for 273 zero lot line homes, 103 of which will be located
in the RM-8 portion of the project. Staff suggested that the applicant pursue a rezoning
of the subject property to PRO to accommodate the zero lot line product, however, the
property owner was not willing to take a chance of losing the RM-8 zoning if the current
development proposal did not receive approval. Pursuant to LOR Section 4.4.6(0)(8)
within the RM zone district, single family detached residences in zero lot developments
are allowed as a conditional use, thus the basis for the request.
Additional background information and full analysis of the Conditional Use request can
be found in the attached Planning and Zoning Staff Report dated September 16, 1996.
The Master Development Plan staff report for Hammock Reserve can be obtained from
the Planning Department upon request.
·
City Commission Documentation
Conditional Use Request to Establish a Zero Lot Line Development in the RM Zone District.
Page 2
I::,,:·:::·:::.:,::::)'::.,:'·:·:::::,,:::::::):::.:::::::::::::::1::,:::::):::::::11111:'=11::,111::1111:&::::11111:::1111'1.1111'=11::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::\,,::::::::::::::::::1
At its meeting of September 16, 1996, the Planning and Zoning Board held a public
hearing in conjunction with the review of the request. One person from the public spoke
on the item and voiced concerns regarding traffic, however he was generally in favor of
the project.
The Board voiced some concerns regarding the lack of architectural diversity and
recreational amenities within the subdivision, however after a lengthy discussion, they
felt that the changes being offered in the elevations (i.e. roof structures, side loaded
and front loaded garages, four color choices) were sufficient to provide some variety in
the appearance. They also determined that the recreational amenities (pool and
cabana, passive preserve, benches) were acceptable.
The Board recommended approval to the City Commission of a reduction in pavement
width from 24' to 20' for the 50' rights-of-way. The reduced pavement width would
provide for 24' of impervious surface to include 20' of asphalt road bordered by 2' valley
curb on each side. While our city standard does not provide for the reduced pavement
width when using a valley curb, this is an acceptable standard for many other
municipalities and Palm Beach County (see discussion on Page 11 of the attached
Planning and Zoning Staff Report).
The Board approved an internal adjustment to reduce the lot widths from 60' to 40'. It is
noted that the reduction in lot widths will require that at the time of plat approval, the
City Commission makes a finding that it is necessary and appropriate to create lots that
do not meet the minimum standards. Such a finding can be made based upon the lots
being part of an approved Master Development Plan for the project (see attached
Planning and Zoning staff report for additional discussion of this item).
The Board voted 5-0 (Schmidt and Young absent) to recommend to the City
Commission that the Conditional Use request for Hammock Reserve be approved
based upon positive findings with respect to Chapter 3 (performance Standards) and
Section 2.4.5(E)(5) (Conditional Use Findings) of the LDRs, subject to the following
conditions:
1. That the RM zoned portion of the property be included in the Master Development
Plan for the entire Bloods Grove property, and that if a Master Development Plan for
the entire property is not implemented, the Conditional Use approval will be null and
void.
2. That the Internal Adjustments, dead-end streets and reduction in pavement width be
approved as part of the Master Development Plan.
3. That the City Commission make a finding at the time of plat approval that it is
necessary and appropriate to create lots that do not meet the minimum lot width for
the RM district.
City Commission Documentation
Conditional Use Request to Establish a Zero Lot Line Development in the RM Zone District.
Page 3
4. That the Traffic Study be approved by Palm Beach County prior to issuance of
building permits.
By separate motion, the Planning and Zoning Board approved the Master Development
Plan for Hammock Reserve based upon positive findings with respect to LOR Section
2.4.5(F) on a 5-0 vote which included approval of the items referenced in condition #2.
Also, the County has since approved the traffic study therefore, condition #4 has been
satisfied. Action by the Planning and Zoning Board on the Master Development Plan is
final unless appealed by the City Commission.
1-·.::.::::·:::'::::::::::::::::':':::::::::':':-::::::::::::::::·:::::::;:::·::;::.::::::::.:::I:::.·:::;:::::::::::::.:::;::::::::::::::-::::II,BIIN:J.lìl:::Ir;IGI::::::::::::::::::::::::::::::::::¡:::::¡:::::::::::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;-::::::::::::::::::::~
By separate motions,
Reduction in Pavement Width:
Approve the reduction of pavement width from 24' to 20' for those streets located within
the 50' rights-of-way based upon positive findings with respect to LOR Section 6.1.2(C).
Conditional Use Request:
Approve the Conditional Use request to establish a zero lot line development in the RM
zone district based upon positive findings with respect to Chapter 3 (Performance
standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to the following conditions:
1. That the RM zoned portion of the property be included in the Master Development
Plan for the entire Bloods Grove property, and that if a Master Development Plan for
the entire property is not implemented, the Conditional Use approval will be null and
void.
2. That the City Commission make a finding at the time of plat approval that it is
necessary and appropriate to create lots that do not meet the minimum lot width for
the RM district.
Master Development Plan:
Accept the Planning and Zoning Board's action approving the Master Development
Plan for Hammock Reserve.
Attachments:
* Planning and Zoning Board Staff Report dated September 16,1996
L (-
. .
, PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 16,1996 '
AGENDA ITEM: VA ,/ ~
ITEM: Conditional use request to allow zero lot-line single family detached units in the RM-8
(Medium Density Residential) district associated with the Master Development Plan for
Hammock Reserve Development, an 83.8 acre portion of Blood's Hammock Grove,
located on the south side of Linton Boulevard, east of Military Trail.
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GENERAL DATA: ì I I 0 o~ I lou', HR. I L
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Agent.............................. Cot/eur Hearing co. «.E~. r- ~
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,Location.......................... South side of Linton Boulevard, east of "CUR< ¡-
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Property Size.................. 28.29 Acres : DUNC.ON
Future Land Use Map..... Medium Density Residential (5-12 ~ ŒH"" II
units/acre) .)~ J..1Irlr r i.-.
C~rrent Zoning................ RM-8 (Multiple Family Residential- b ..::::;"" l W..ill I- ~ ~
--- Medium Density. 8 units/acre) IllIi
AdjacentZoning....North: RL(MultipleFamilyResidential-Low 1= c~;:T.:_" 0 0 0 0 ..ULEVAR.c::::;;;
Density) gggggggg ~
East: SAD (Special Activities District), CF ~' ggggg~g Œ
(Community Facilities) ---( - ggg~ggg ( ~
o 0 0 0
South: PRD-5 (Planned Residential. 5 'o.".oe...." ggggggg --
units/acre) ...~~~ ogogo~og ~ I--
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West: POC (Planned Office Center), RM-10 ==:: ggggggggggo I-
(Multiple Family Residential-Medium ŒH"""""" ggggggggggg ~"" I--
Density, 10 units/acre). CF .:' I ogggggggggg l-
. . . 0;;'0 0 0 0 0
EXisting Land Use........... Presently bemg used as an orange
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Proposed Land Use........ Proposal to construct 103 single family - ~ -
zero lot line units within the RM-8 -
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Water Service................. Available via a service connection to an Ijl
existing 10" water main along the north ~ . h - CAN"- L-J'
. side. of Lint?n Boule~ard.. hl111 ~ _ d~ ~
Sewer Service................. Available via a servIce connection to an > '>-'11' ~ .... ~~
existing sewer main from Orchard View = I I' m ·'î ìl Y
Elementary School. ~ I. ~
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The action before the Board is making a recommendation to the
City Commission on a request for Conditional Use approval to
establish a zero lot line development in the RM-8 zone district
pursuant to LOR Section 2.4.5(E). The subject property is part of a
project known as Hammock Reserve, and involves 103 of the 273
total lots.
The subject property is a portion of Blood's Grove which is located
east of Military Trail on the south side of Linton Boulevard.
With the adoption of the Comprehensive Plan in November 1989, "advisory" land
use designations were applied to all areas which were outside the City limits but
within the City's Planning Area. The 111 acre Bloods Grove site was given
advisory designations as follows: 40 acres Medium Density Residential, 40
acres Low Density Residential, 17 acres Community Facilities, 10 acres
Commercial Core and 4 acres Open Space. The 17 acres of Community
Facilities was intended to accommodate a future elementary school site,
neighborhood park, and fire station in the southwest portion of the City. On
November 26, 1991 the City annexed 1.808 of the 111 acres, at the northeast
corner of the property via Ordinance 76-91. The 1.808 acres consisted of an
access easement as well as a temporary and permanent fire station site. The
temporary fire station was placed on the site while the permanent fire station was
constructed. Fire station #5 has since been completed.
In April, 1993 the owners of Bloods Grove granted agency to the City for the
processing of an annexation petition and all land development applications
necessary to accommodate a 10 acre elementary school (School Site S) and 6
acre municipal park. The change in land use from MD (Medium Density
Residential) to CF (Community Facilities) was processed with Land Use Plan
Amendment 93-2. The related annexation and initial zoning were approved by
the City Commission on March 22, 1994. The Conditional Use request to
establish the school was approved by the City Commission at its meeting of April
5, 1994. On April 8, 1994 the sale of the school site to Palm Beach County
School Board and the park site to the City was consummated. The school
(Orchard View) has since been developed, and the park site is allocated for
future development.
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a. Zero Lot line Development in the RM Zone District
Page 2
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use
Map Amendment for 94 acre (balance of Bloods Grove) acres from County MR-5
to City designations of 40 acres MD (Medium Density), 40 acres LD (Low
Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space).
These proposed designations would have allowed a maximum of 680 units. The
accompanying development plan proposed 250 apartments and 375 attached
single family units (total of 625 units). The Planning and Zoning Board had
concerns over the proposed intensity. In addition, several Board members were
concerned with the relocation of the Commercial Core designation from the
center of the site to Linton Boulevard. The Board recommended the proposal be
modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres
Transitional, and 4 acres of Open Space. Under this scenario a maximum unit
count of 519 units would have been allowed. The City Commission heard the
request on May 17, 1994 and voted not to transmit the amendment, citing
concerns over the overall density of the proposal.
On April 17, 1995, the Planning and Zoning Board considered a Future Land
Use Map change for the same 94 acres (balance of Bloods Grove) from the
County Land Use Map designation of MR-5 to City designations of 51 acres of
Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres
of Transitional. The maximum potential number of dwellings under these
designations is 492. This amendment which was part of 95-1 was recommended
for approval. On May 2, 1995 the City Commission approved transmittal of the
request to DCA
On September 19, 1995, the City Commission approved initial zoning
designations of 51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open
space and 10.27 acres of SAD (Bloods Specialty Commercial) via Ordinance 51-
95.
In April of this year, the Planning Department met with agents of the Hammock
Reserve Development Company (DiVosta and Company) to discuss a proposal
to develop 49 single family zero lot line units, 190 duplex units, and 112
townhouse units for a total of 351 units on 83.8 acres of the residentially zoned
Bloods property (51.71 PRD-5 and 28.29 acres of RM-8). Staff expressed
concerns regarding the number of duplex and townhouse units being proposed
which would most likely attract an older, empty nester buyer. The goal of the
City has been to provide family oriented neighborhoods. In addition, the
proposed duplex and townhouse units did not comply with many of the City's
LOR requirements. This proposal was discussed at the Planning and Zoning
workshop meeting of May 13, 1996. The Board expressed concerns regarding
the elevation and use of the duplex product as well as the elevation of the
townhouse unit.
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 3
In the interim, the duplex product was eliminated entirely from the project and
replaced by a new zero lot line unit called the Regent House. The townhouse
elevation was revised to create a softer appearance. A total of 354 units were
proposed. At its workshop meeting of June 10, 1996, the Planning and Zoning
Board reviewed the revised plans and still noted concerns with the Regent
House elevation, as most of the facade facing the street was the garage and the
entrance was placed on the side of the unit.
On July 5, 1996, the Planning Department received the formal Master
Development Plan application for Hammock Reserve. The Master Plan had
been revised to eliminate the duplex unit and provide additional zero lot line
homes. The development proposal included 351 units consisting of three product
types with the following unit mix:
* 179 townhouse units in the RM-8 section,
* 128 zero lot line units on 40' wide lots in the PRO section; and
* 51 zero lot line units on 50' wide lots in the PRO section.
The applicant discussed the above proposal with SPRAB at its meeting of July
31, 1996. At that meeting the developer presented a new single family zero lot
line three bedroom product called the Glenwood which provided for a two car
garage and a front door facing the street. Some of the Board members felt the
developer should pursue the new Glenwood product instead of the townhouse
product. In either scenario, the Board voiced concerns over the lack of
architectural diversity.
During the technical review of the petition, staff identified some major code
deficiencies regarding the townhouse product which would require numerous
waivers and internal adjustments Le. reduction in right-of-way widths, lack of
sidewalks, lack of useable common open space, and the lack of required parking
spaces. As these elements are critical to any residential development, staff
could not support the development proposal as requested. The applicant
requested a continuance of the petition to the next Planning and Zoning meeting
in order to revise the Master Development Plan.
A revised Master Development plan was submitted on August 12th, which
provides for 273 zero lot line homes, 103 of which will be located in the RM-8
portion of the project. Staff suggested that the applicant pursue a rezoning of the
subject property to PRO to accommodate the zero lot line product, however, the
property owner was not willing to take a chance of lowering the density if the
current development proposal did not receive approval. Pursuant to LOR Section
4.4.6(0)(8) within the RM zone district, single family detached residences in zero
lot developments are allowed as a conditional use, which is now before the
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 4
Board for action. The Master Development Plan proposal which includes both
the RM-8 and PRD zoning districts is discussed in a separate staff report.
The conditional use request is to establish a zero lot line development in the RM
zone district. The development proposal consists of the following:
o Development of 103 lots which are approximately 40' wide by 130' deep;
o Construction of a portion of the loop road from Linton Boulevard which
ultimately connects to Military Trail;
o Construction of streets within 50' rights-of-way including 20' of asphalt with a
2' valley curb and gutter, and sidewalks on both sides of the streets;
o Two lakes containing 2.05 acres and 4.0 acres; and
o .94 acre of common open space which buffers the single family development
from the elementary school.
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REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a
form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate
to the following four areas.
Concurrency findings for the entire 273 units are discussed in this report, as the
RM zone property functions as part of the overall Master Development Plan.
FUTURE LAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent with the land use
designation).
The subject property has a Future Land Use Map designation of Medium
Density and a zoning designation of RM-8 (Multiple Family Residential -
Medium Density). The zoning district is consistent with the Medium
Density Future Land Use Map designation, and "zero lot line
developments" are listed as a Conditional Use in the RM district [LDR
Section 4.4.6(D)(8)].
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Planning and Zoning Board Staff Report Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 5
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Water and Sewer:
Preliminary water and sewer plans have been submitted and the following is
noted:
0 Water is available to the site via connections to 12" water main extensions
from Linton Office Park, the elementary school site, and Citation Club.
Internal to the site 8" water mains are to be provided with fire hydrant
spacing of 500'. -Water main stub-outs are provided to the Bloods
Specialty Center for its future development as well as the Foxe Chase
subdivision.
0 Sewer service exists to the site via a new 8" main which has been
extended from Linton Boulevard south to the elementary school site. With
the development of the school, a new lift station was constructed and has
been sized to accommodate future development of this site. Internal to the
site, 8" gravity main extensions are provided with a service lateral to each
lot. A sewer main stub-out has been provided to the Bloods Specialty
Center for its future development. A sewer stub-out to the Foxe Chase
subdivision may be required and will further be addressed with the platting
of the subject property.
The Comprehensive Plan states that adequate water and sewer treatment
capacity exists to meet the adopted LOS at the City's build-out population based
on the current FLUM. At the time of approval of the Comprehensive Plan, a
higher density development was anticipated for the Bloods property which was
factored into the plan. As a lower density development is currently proposed, a
positive finding with respect to this level of service standard can be made.
Drainage:
Drainage will be accommodated on site via swales to a catch basin system with
outfall to the water management tracts (internal lakes) and LWDD L-37 canal.
Thus, positive findings with respect to this level of service standard can be made.
Streets and Traffic:
A traffic study has been submitted for the entire PRD, indicating that the
proposed 273 single family development will generate 2,730 new vehicle trips on
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 6
the surrounding roadway network. There is adequate capacity on the adjacent
links Le. Linton Boulevard and Military Trail to accommodate the additional trips.
The traffic impact study has been forwarded to the County and is still under
review. The study appears to be in compliance with the Palm Beach County
Traffic Performance Standards Ordinance, however one of the conditions of the
Conditional Use approval is that the Palm Beach County sign-off on the study
prior to issuance of building permits.
A 5' right-of-way dedication is provided along Military Trail for its ultimate right-of-
way width of 120'. In addition, a 20' right-of-way dedication has been provided
along Linton Boulevard for its widening for the provision of an east bound right
turn lane into the project. Modifications are also needed to the west bound left
turn lane into the project. - The off-site improvements will further be discussed
with the platting of the subject property.
Parks and Open Space:
Park demands generated by the construction of new housing units were factored
into the 1989 Comprehensive Plan Parks and Recreation Element, and a City's
Parks and Recreation Impact Fee of $500.00 per unit will be collected at the time
of building permit issuance. It should also be noted that as part of the
agreement with the school, an adjacent 6 acre parcel is to be developed as a
municipal park which will also help to off set any negative impacts this
development may have upon the City's parks and recreation facilities.
Solid Waste:
The proposed development of 273 units will generate 543.27 (1.99 tons of solid
waste per year x 273 units = 543.27) tons of solid waste per year. Capacity exist
to service this new housing. As a higher density development and its associated
solid waste generation was anticipated by the City and County Comprehensive
Plans for this property, a positive finding of this level of service can be made.
CONSISTENCY: Compliance with peñormance standards set forth in
Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional
Use request shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable policies were found.
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 7
Open Space and Recreation Element Policy A-3.3 - Tot lots and recreational
areas shall be a feature of all new housing developments which utilize any
of the City's PRD zone districts or which have homeowner associations
which must care for retention areas, private streets or common areas.
This policy is restated under the RM district regulations, and is a specific
requirement for developments within this zoning classification. A tot lot has been
provided within the PRD zoned portion of the overall development, and the
Board could make a finding that the requirement has been met. Staff has
concerns, however, that one tot lot for a development of this size is not really
sufficient. This is especially true given the limited amenities that are being
offered. For example, Delray Lakes a 160 lot subdivision situated on
approximately 40 acres was the most recently approved PRO and offers two
tennis courts, a tot lot, community pooll cabana, several tree preserve areas with
mulched paths/picnic tables/grills/benches, recreational vehicle storage area,
and two boat ramps.
The Board should discuss the sufficiency of this project's amenity package,
including the tot lot, and consider whether or not the approval of the project
should be conditioned on the provisions of additional amenities.
Land Use Element Objective A-1 - Vacant property shall be developed 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.
A. Physical Considerations - The property has been cleared for
agricultural use i.e. orange groves. A large oak hammock exists
just south of the RM-8 zoned property, and has been designated as
Open Space on the zoning map as well as the Future Land Use
Map. As this parcel is part of an overall master plan, it can be
concluded that the physical considerations were addressed with
previous actions. None of the orange trees are to be saved with
this development proposal.
B. Complimentary with Adjacent Land Uses - the proposal will be
complimentary with the adjacent residential use to south (the
balance of the PRD). In order to insure compatibility with the
Bloods commercial center and elementary school to the east, the
loop road, and a large landscape buffer has been provided along
the eastern perimeter of the project. In order to insure compatibility
with Linton Office Park and South County Mental Health Facility
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 8
which are located to the west of the subject property a 6' high
masonry wall and landscaping is proposed.
C. Fulfills Remaining Land Use Needs - the proposed development
will provide for middle income, owner occupied, single family
homes which have been identified as one of the remaining land use
needs by the City Commission and supported by a recent
document Analysis of Current and Future Housing Needs. which
was prepared for the City by Reinhold P. Wolff Economic
Research, Inc.
Housing Element Objective C-2: Redevelopment and the development of
new land shall result in the provision of a variety of housing types which
shall continue to accommodate the diverse makeup of the City's
demographic profile. Policies which will assure this objective include:
Housing Element Policy C-2.4: Development of remaining vacant properties
which are zoned for residential purposes shall be developed in a manner
which is consistent with adjacent development regardless of zoning
designations.
The subject property is surrounded by a variety of uses, including residential,
community facilities and the Orchard View Elementary school. There is also a
City park site in the vicinity.
The City has invested substantially in infrastructure for the school and future
park, with the intent of attracting middle income families to the City and
upgrading the local schools. The Bloods Grove property is one of the last
remaining opportunities to provide middle income housing within the City limits.
It is critical that this development be attractive to that market.
Staff and the Planning and Zoning Board have on several occasions met with the
developers to discuss concerns over the housing product that is proposed. To
their credit, the developer has made a number of modifications to the project to
bring it more into line with what the City envisioned for this area. While a
substantial portion of the property could be developed as multiple family
attached housing, all of the housing being proposed is single family detached.
All of the units have at least three bedrooms. The project price range is
$140,000 to $180,000, which is in the middle income range. These changes
have resulted in a development that has 273 homes on property having a
potential development of 492 units.
The trade-off for the City in getting this lower density community is a lack of
diversity in the housing product. There are only two products being offered, with
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 9
minimal deviations in elevations. This is not typical of development in Delray
Beach, however it is what this particular developer typically produces, and has
been successful for them. Staff is reasonably comfortable with the project at this
point, but the Board has continued to express concerns. In evaluating this
conditional use request, the Board should consider whether or not the lack of
diversity in product type (Le. elevations and floor plans) is a significant detriment
to the overall project in terms of attracting families, and whether the changes
made by the developer to this point have adequately addressed the issue. The
Board may want to add a condition of approval that a third product type be
added.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The proposed development is bordered on the south by PRD-5, on the west by
POC (Planned Office Center), CF (Community Facilities), and RM-10 (Multiple
Family Medium Density), on the north RL (Multiple Family Low Density), and to
the east by SAD (Special Activities District) and CF.
Existing land uses include to the west Linton Office Park, South County Mental
Health Facility and Citation Club (404 unit rental community), to the south by
vacant property (balance of the Master Development Plan), to the east the
Bloods commercial development and Orchard View Elementary school, and to
the north Linton Boulevard and Shadywoods. a duplex development.
The proposed single family development is surrounded by higher density
residential projects and high intensity commercial developments. Proper
mitigation measures Le. walls and landscaping will be provided to mitigate any
negative impacts that the adjacent properties may have upon this residential
development. Based on the above, the single family development will not have
an adverse impact on the surrounding area nor will it hinder development or
redevelopment of nearby properties.
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 10
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was
submitted which has been reviewed by staff. If the Conditional Use is
approved, a full site plan submittal complying with LDR Section 2.4.3 will
be required. Based upon staff's review of the Master Development plan
the following "Items of Concern" have been identified and are discussed
further in the Master Development Plan Staff Report.
LDR Section 4.3.4 Development Standard Matrix:
With the Master Development Plan the following Internal Adjustments will need
to be granted from LOR Section 4.3.4 Development Standards Matrix in order
for the zero lot line development to work within the RM zone district:
· Reduction in the lot width from 60' to 40';
· Increase in maximum lot coverage from 40% to 45% for all lots except Lots
193,207,215,223,248,261,273;
· Reduction in front yard setbacks from 25' to 20' for the front loaded garages
and 25' to either 15' or 18' for side loaded garages;
· Reduction in the side interior setbacks from 0'/15' to 3'-1"/6'-11";
· Reduction in the side street setback from 25' to 10' for lots 215, 248, and
255;
· Reduction in rear yard setback from 25' to 24' for lots 169-175, 194-205,208-
214, 224-229,249-254,256-260;
· Reduction in the side setback from 10' to 5' for pools;
· Reduction in rear yard setbacks from 10' to 7' or 9' for pools on Lots 249-261;
· Reduction in side yard setbacks to screen enclosures from 5' to 3'; and
· Reduction in rear yard setback from 10' to 9', 6' or 4' for screen enclosures
on lots on 248-261.
Numerous internal adjustments will be required in order to allow this zero lot
development to be constructed in the RM zone district. If the property had been
rezoned to PRO, internal adjustments would be eliminated for the lot widths, lot
coverage and some of the front setbacks. This development proposal is being
advanced by a contract purchaser, however, and the property owner is reluctant
to authorize a change of zoning to PRO at this time. The PRO zone district was
created to provide more flexibility in its design standards i.e. reduced lot sizes,
reduced building setbacks, and no maximum lot coverage. To off-set the smaller
lots special standards and regulations are required and apply to the overall
development. These special development standards include such items as
minimum open space requirements, that the common open space be utilized for
amenity or recreational purposes, and that integral landscape treatments be
provided, etc.
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 11
These special requirements are not required of a zero lot development in the RM
zone district, therefore larger lot sizes, setbacks and maximum lot coverages are
required. This zero lot development is unique in that it is part of an overall
Master Development Plan which provides for the special PRD standards, and in
most instances the lots exceed the individual lot standards' required in the PRD
district. Therefore, while the number of adjustments appears to be excessive,
when the project is viewed as an overall PRD, the lot dimensions and setbacks
being provided are fairly typical and can be supported. It is noted that the
reduction in lot widths will require that at the time of plat approval, the City
Commission makes a finding that it is necessary and appropriate to create lots
that do not meet the minimum standards. Such a finding can be made based
upon the approved Master Development Plan for the project.
Reduction in Pavement Widths:
Pursuant to LDR 6.1.2(8)(3), the required pavement width for a local street is
24', and the development proposal is to provide a reduced pavement width
which provides for 20' of asphalt bordered by 2' valley curb on each side within
the 50' right-of-way sections of the streets. While our city standard does not
provide for the reduced pavement width when using a valley curb, this is an
acceptable standard for many other municipalities and Palm 8each County, and
the City Engineer supports the reduction.
Dead-end Streets.
The development proposal includes five dead-end streets without the provision
of a proper terminus. Pursuant to LDR Section 6.1.2(8)(4)(a), dead-end streets
without provision of a turnaround are prohibited. Generally, a cul-de-sac shall be
required; however, in unique situations where a cul-de-sac cannot reasonably be
accommodated either a "T" or "Hammerhead" turn around may be accepted by
the Local Planning Agency if approved by the Fire Marshal. The Fire Marshal
supports the dead-end streets given their short lengths, however, this does not
eliminate the need to provide the proper terminus. If the proper terminus is not
provided a waiver from this standard will be required.
The development proposal is not located within a geographical area requiring
review by the CRA (Community Redevelopment Agency) or the DDA (Downtown
Development Authority).
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 12
Planning and Zoning Board:
If Conditional Use approval is granted, final action on the Master Development
Plan will rest with the Planning and Zoning Board.
Public Notice:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. Letters of objection, if any, will be presented at
the Planning and Zoning Board meeting.
Courtesy Notice:
Courtesy notices have bee-n provided to the following homeowner's associations
which have requested notice of developments in their areas:
o Del-Aire Homeowners Association;
o Spanish Wells Condominium;
o Foxe Chase Homeowners Association;
o Boca Delray Home owners Association;
o Andover Homeowners Association;
o Delray Property Owners Association;
o Crosswinds, Eastwinds of Crosswinds, Southwinds of Crosswinds, and
Crosswinds Single Family Homeowners Association;
o Pines of Delray East and Pines of Delray West;
o PROD; and
o Shadywoods Homeowners Association
The proposed conditional use is to establish a zero lot development in the RM
zone district. The proposed single family development represents approximately
3.3 units per acre which is much less intense than a multiple family development
which could have been built at 8 units per acre. The zero lot line development is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. Positive findings can be made with respect to
Section 2.4.5(E)(5) regarding compatibility of the zero lot development with
surrounding properties. This development is unique, in that it is part of an overall
Master Development Plan which provides for greater amenities and open space
than if it were a stand alone zero lot line development in the RM district. If the
property had been rezoned to PRD to accommodate the zero lot line
development most of the internal adjustments would be eliminated. There is
some concern regarding the lack of architectural diversity within the
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Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 13
neighborhood and whether or not sufficient amenities have been provided for a
project of this size. The Board may wish to discuss these issues further with the
applicant at the meeting.
[It is noted that if the Board recommends denial of the Conditional Use, then
action on the master development plan should also be postponed to a later
date.]
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use approval for the
establishment of a zero lot line development in the RM zone district,
based upon positive findings with respect to Section 2.4.5(E)(5)
(Compatibility) and Chapter 3 (Performance Standards) of the Land
Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
C. Recommend denial of the Conditional Use approval for the establishment
of a zero lot line development in the RM zone district, based upon a failure
to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility).
Recommend approval of the request for Conditional Use for establishment of a
zero lot line development in the RM zone district based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to the following conditions:
1. That the RM zoned portion of the property be included in the Master
Development Plan for the entire Bloods Grove property, and that if a Master
Development Plan for the entire property is not implemented, the Conditional
Use approval will be null and void.
2. That the Internal Adjustments, dead-end streets and reduction in pavement
width be approved as part of the Master Development Plan.
( ,..--
(, -
Planning and Zoning Board Staff Report
Conditional Use Approval to Establish a Zero Lot line Development in the RM Zone District
Page 14
3. That the City Commission make a finding at the time of plat approval that it is
necessary and appropriate to create lots that do not meet the minimum lot
width for the RM district.
4. That the Traffic Study be approved by Palm Beach County prior to issuance
of building permits.
5. As suggested within the report, the board should also consider whether or not
additional recreational amenities and/or a third product type should be
required as a condition of approval.
Attachments:
0 Location Map
0 Sketch Plan
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 16,1996
AGENDA ITEM: V.A.1.
ITEM: Master Development Plan for Hammock Reserve Development, an 83.8 acre
portion of Blood's Hammock Grove, located on the south side of Linton Boulevard,
east of Military Trail. I ~I r¿j»/ f:lfY '<-I:!>..~ 'yy-f
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GENERAL DATA: I I I I I.r
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Own~r............................. Norman & Carolyn Blood ¡ ..:- :: ~
Apphcant......................... Hammock Reserve Development I ~ ..::r.::.. I II
Company : I -< I TI III
Agent.............................. Cotleur Hearing : =-
- I
Location.......................... South side of Linton Boulevard, east of' J. ""\\
Military Trail J -"":;;",, H 1 IV 'II
Property Size.................. 83.80 Acres ¡ I -, Ilk
r
Future Land Use Map..... Medium Density Residential (5-12 ¡ ".TO. 10ULEVA".
units/acre), Low Density Residential (0-5 . r--R ""
units/acre), Commercial Core, & Open I 0:" J L!........
Space ; ( " "'-
Current Zoning................ RM-8 (Multiple Family Residential, 8 . "".......'" --
units/acre), PRD-5 (Planned Residential, . -~.. --I
5 units/acre), & OS (Open Space) : .........."" -
Adjacent Zoning....North: RL (Multiple Family Residential-Low ~ w¡:'" -
Density), SAD (Special Activities ::¡¡
District), CF (Community Facilities), &
RM-10 (Multiple Family Residential, 10 ;
units/acre) :
East: SAD, CF, & County RT
South: R-1-AA (Single Family Residential), & =~
OSR (Open Space and Recreation)
West: POC (Planned Office Center), RM-10,.J CANAl l-J]
. . CF, & Countr RS/SE 4ïT I ~ ~ ::;:..,.
ExIstIng Land Use........... Presently bemg used as an orange ~
grove.
Proposed Land Use........ Proposal to construct 273 single family ! ~ t
. zer~ lot lin~ units. . . ~ /í -=
Water Service................. Available via a service connection to an - \. - a
existing 10· water main along the north ;:: Fi ~
. side. of Lint?n Bouleyard.. ) t ~ ) ~~-..
Sewer Service................. Available via a service connection to an ~ J::¡ .........J.. TìT
existing sewer main from Orchard View :: €<;Jitt ì1R
Elementary School. FJ H ÇZ' j
~ I N'C1Y é-/----
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CAMlIl l-3I
V.A.I.
l,ooeMSt;liêîleOOílt;S<;>JI1nml
The action before the Board is that of approval of a Master Development
Plan for Hammock Reserve, a 273 lot subdivision of zero lot line homes.
The subject property is located south of Linton Bo.ulevard and east of
Military Trail, and contains approximately 83.3 acres.
Pursuant to LDR Section 2.2.2(E)(6), the Local Planning Agency (P&Z
Board) has the authority to take final action on Master Development
Plans.
I ............................................................................................................··············1
Please refer to the Conditional Use staff report for Background information.
IM~ŠmŠrt.·gell~18MŠlmlalllÑ"l4llj~f'
PROJECT DESCRIPTION:
The proposal is to develop a 273 zero lot line subdivision. The development
proposal consists of the following:
o Development of 71 homes on lots which are generally 50' wide x 130' deep.
This size lot will be limited to a model known as the Oakmont which contains
2,193 square feet under air;
o Development of 202 homes on lots which are generally 40' wide x 130' deep.
This size lot will be limited to a model know as the Glenwood which contains
approximately 1,610 square feet under air;
o Construction of streets including a loop road from Linton Boulevard to Military
Trail which contains a 60' right-of-way except at entry ways where the
roadways are widened to accommodate medians, and 50' rights-of-ways
which will service the individual housing pods;
o Roadway connection to the school;
o Sidewalks on both sides of the streets throughout the development;
o 6' high perimeter concrete wall;
o Development of a 4 acre preserve which will contain mulched nature trails;
o Construction of a common recreational area containing a cabana, pool, and
tot lot;
o Infrastructure improvements and associated landscaping;
o Five internal lakes;
o Provision of a temporary sales center with access from Military Trail; and
o Construction of 2 models on Lots 12 and 13.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 2
The development proposal also involves requests for the following internal
adjustments:
Internal Adjustments for the RM-8 Section of the Project:
· Reduction in the lot width from 60' to 40';
· Increase in maximum lot coverage from 40% to 45% for all the lots except
lots 193,207,215,223,248,261,273;
· Reduction in front yard setbacks from 25' to 20' for all the lots with front
loaded garages and 25' to 15', or 18' for side loaded garages;
· Reduction in the side interior setbacks from 0'/15' to 3'-1"/6'-11";
· Reduction in the side street setback from 25' to 10' for lots 215, 248, and
255;
· Reduction in rear yard setback from 25' to 24' for lots 169-175, 194-205,208-
214,224-229,249-254,256-260;
· Reduction in the side setback from 10' to 5' for pools;
· Reduction in rear yard setbacks from 10' to 7' or 9' for pools on Lots 249-261;
· Reduction in side yard setbacks to screen enclosures from 5' to 3'; and
· Reduction in rear yard setback from 10' to 9', 6' or 4' to screen enclosures on
lots on 248-261.
Internal Adjustments for the PRD Section of the Project:
· Reduction in the side interior setbacks from 0'/15' to 3'-1"/6'-11";
· Reduction in front yard setbacks on some of the lots from 25' to either 15' or
18' for side loaded garages;
· Reduction in the side yard setback from 10' to 5' for pools;
· Reduction in side yard setback from 5' to 3' for screen enclosures; and
· Reduction in the side street setback from 15' to 10' for lots 107 and 130.
The master narrative indicates that the project will consist entirely of single family
zero lot line homes with two models for a total of 273 units. The Oakmont unit
will be built on 71 lots that are 50' wide, and will contain 2,193 square feet under
air. The Glenwood unit will be built on 202 lots that are 40' wide, and will contain
1,610 square feet under air. Both units contain three bedrooms, a minimum of
two bathrooms, and a two car garage. Each unit will have an option to purchase
a screened patio and/or screened pool and the option to enclose the Lanai
(outdoor patio). The den in the Oakmont unit is large enough to be used as a
fourth bedroom. The price of the homes will range from $140,000 to $180,000.
It is important to note that DiVosta and Company uses a forming system from
Europe to construct the CBS homes. Most of the units will be sold prior to
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 3
construction, so groups of homes can be constructed at one time. The form
system does not allow for much architectural diversity other than a change in the
roof style Le. boston, hip or gable, and the provision of some side loaded
garages.
The project will be developed in two phases. Phase I includes the construction
of Lots 1-140, the loop road from Military Trail to the school entrance as well as
the recreation center. It is noted that the entire roadway should be constructed
with Phase I and is attached as a condition of approval. The recreation center
including the community pool, cabanas, tot lot, and preserve area will be
completed by 40% of buildout. Construction of Phase II will begin prior to the
completion of Phase I if sales of the Oakmont product are slow. Infrastructure
improvements will be installed as construction occurs throughout the
development. Construction is expected to begin in June of 1997 and build-out
completed before the end of 1999.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
LDR Section 4.3.4(K) Development Standards Matrix:
Lot Sizes:
Pursuant to LOR Section 4.3.4(K), the following are the minimum requirements
as they relate to lot sizes for zero lot line lots within the PRO and RM zone
districts:
PRD Zone PRD Zone RM Zone RM Zone
Required Proposed Required Proposed
Glenwood/Oakmont Glenwood Glenwood
Lot Width 40' 40'/50' 60' 40'
Lot Depth 80' 125'/130' 80' 125'
Lot Size - Sq. Ft. 4,500 5,000/6,500 4,800 5,000
Max. Lot Coverage N/A N/A 40% 45%
The proposed lots within the PRO section of Hammock Reserve which includes
the Glenwood and Oakmont units exceed the minimum requirements for a zero
lot line lot, as they are at least 40' or 50' in width, 125' or 130' in depth, and
contain a minimum lot size of either 5,000 square feet or 6,500 square feet. The
proposed lots within the RM section of Hammock Reserve which includes all
Glenwood units provide for 40' lot widths with a minimum lot depth of 125',
contain a minimum lot size of 5,000 square feet, and lot coverage of 45%. The
applicant has requested an internal adjustment for a reduction in the lot width
from 60' to 40' and an increase in the maximum lot coverage from 40% to 45%.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 4
Building Setbacks:
Provided below are the required setbacks pursuant to LOR Section 4.3.4(K) for
zero lot line homes in the PRO and RM zone districts and the proposed
setbacks:
PRD Zone PRD Zone RM Zone RM Zone
Required Proposed Required Proposed
Front Setback 20' 15',18',20' 25' 15',18',20'
Side Interior Setbacks 0/15' 3'-1"/6'-11" 15'/15' 3'-1"/6'-11"
Side Street Setback 15' 10'* 25' 10'*
Rear Setback 10' 10' 25' 24'**
*Reduction in the side street setback is requested for two lots in the PRD section and three lots in
the RM section
** Reduction in the rear yard setback apply to intemallots only.
In addition to the above, reductions in the side yard setbacks from 10' to 5' for
pools and 5' to 3' for screen enclosures is requested. Please refer to attached
Internal Adjustment Matrix for specific lot adjustments.
Pursuant to LOR Section 2.4.7(C), adjustments to site and development plans
. may be granted by the Board which is empowered to approve or deny the site
and development plan. Pursuant to LOR Section 2.4.7(C)(5) Findings: the body
granting an adjustment must find that the adjustment does not "diminish the
practical application of the affected regulation, and that "by granting such relief a
superior development project will result. "
The developer has provided the basis and reasons for the internal adjustments
which can be found in the attached justification statement. A summary of those
justifications are provided below.
The adjustments being requested in the RM-B section of the project are to
allow for a single family type product of a lower density, which in turn
encourages families to locate within this development. The reduction in
the front yard setbacks are requested to provide side loaded garages
which breaks up the appearance of the street and is aesthetically more
pleasing than a row of similar products. The request for the reduction in
the side yard setbacks from 0' to 15' to 3'-1" and 6'-11" is to provide an
off-set from the zero side to allow for dryer vents, roof overhang, etc.
However, 10' will be maintained between all buildings. The decrease in
the side setbacks allows the developer to provide a larger single family
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 5
residential product, thereby increasing the demand for family home
buyers. The request to allow a reduction the side yard setbacks for pools
from 10' to 5' and screened enclosures from 5' to 3' is requested to allow
the construction of larger pools and screen enclosures i.e. 12' x 26' pool
for the Oakmont product and a 12' x 20' pool for the Glenwood product.
Based on the above justifications the developer feels a superior project will be
provided. As discussed in the Conditional Use report, if the RM section of the
project had been rezoned to PRD most of the internal adjustments would be
eliminated, such as the maximum lot coverage, lot width, front yard setback etc.
As the RM-8 zoning is part of a Master Development Plan common open space
is provided throughout the site (lakes, mini passive parks, four acre preserve),
common amenities (pool, cabana and tot lot), and other PRD standards which
would not otherwise be required of a zero lot development in the RM district.
With respect to the request for the reduced side yard setbacks from 0'/15' to 3'-
1"/6'-11", the unit will be off-set from the zero side of the lot 3'-1". However, 10'
will be provided between units. A 10' building separation has been granted for
other PRD projects such as Windy Creek, Clearbrook, and Delray Lakes. Staff
has some concerns with the 3' offset from the zero side, as the off-set would
allow window openings on the zero side of the home which diminishes the intent
of a zero lot line home. If this adjustment is granted, a condition of approval
.should be that the homeowner documents provide language which precludes
any installation of windows along the zero side other than those installed by the
original developer which are currently shown on the plans as glass block.
LDR Section 4.4.7(F) Development Standards within the PRD Zone District:
The following standards apply to the overall development project:
(a) At least 50% of the units must be in single family detached units where
the overall density is six units per acre or less.....
The overall density of the project is 3.3 units per acre and all of the units
(100%) within the development are to be single family detached units.
(b) 15% of the gross area of the site must be placed in common open
space where the overall density is six units per acre or less....
The site contains 83.8 acres requiring 12.57 acres of common open
space, and 27.09 acres of common open space have been provided.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 6
(c) Minimum site area is five acres.
The proposed site area is over 83 acres, which exceeds the minimum
required site area of five acres.
LDR Section 4.4.7(H)(2) Special Regulations within the PRD Zone District
Prior to approving a Master Site Plan, the Planning and Zoning Board must
make findings that:
(a) The development plan provides for an effective and unified
treatment of the development potential of the site, making appropriate
provisions for the preservation of scenic features and amenities of the site.
The majority of the site has been cleared for agricultural purposes, and is
covered with fruit trees which are no longer cultivated. With this development
proposal all the fruit trees are to be removed. The existing native stand of trees
which is located in the southern half of the property has been preserved as open
space on the zoning map as well as the Future Land Use Map. In addition to this
natural feature, five small water bodies have been provided throughout the
development. The proposed subdivision takes advantage of the existing
preserve area, and the proposed water features by situating as many lots around
. these features, which eliminates tight back-to-back lots. Thus, it can be
determined that the development plan provides for an effective and unified
treatment of the development potential of the site with appropriate provisions for
the preservation of scenic features and amenities of the site.
(b) The development plan fosters harmony with existing or
proposed development in areas surrounding the site.
The site is located in a mixed use area consisting of residential, commercial, and
community facility land uses. The development proposal involves the
construction of single family homes with middle income price ranges. The
previous proposals as well as existing land use designations allow for a higher
density project with multiple family components which will be eliminated with the
current development.
The middle income price range of housing will be attractive to families which will
be harmonious with the adjacent elementary school. While this development may
offer a lesser priced home than those found in the some of the surrounding
neighborhoods such as Del-Aire and Foxe Chase, the subdivision will offer many
of the same features of the adjacent neighborhoods which will insure the value of
the homes will be maintained over time. These include: restrictive covenants
that will ensure proper maintenance and upkeep of the community; private
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 7
recreational features such as a pool, cabana, tot lot and a tree preserve area to
be utilized as a passive park; a privacy wall; and a potential for a gated
community. Thus, the proposed development plan fosters harmony with the
existing surrounding developments.
(c) Buildings in the layout shall be an integral part of the
development and have convenient access to and from adjacent uses and
blocks.
The buildings have been laid out as an integral part of the development and all
front on a privately dedicated road with access to Linton Boulevard and Military
Trail.
(d) In the multiple family portion, individual buildings shall be
related to each other in design, masses, materials, placement, and
connections so as to provide a visually and physically integrated
development. Treatment of the sides and rear of buildings shall be
comparable in amenity and appearance to the treatment given to the front.
This standard does not apply as the development proposal does not include a
multiple family portion.
(e) The landscape treatment for plazas, streets, paths, and service
and parking areas shall be designed as an integral part of a coordinated
landscape and street furniture design.
The coordinated landscape treatment for this project involves a street tree
program, where trees 30' on center will be provided on either side of the street
system throughout the development. In addition pedestrian sidewalks will be
provided on either sides of the streets with connections to the school site and
preserve area.
(f) The location, shape, size, and character of the common open
space must be suitable for the contemplated development in terms of
density, population characteristics, and housing types;
The recreational features provided within this development include a tot lot, a
pool with cabana, and four acres of a passive park which will have nature trails.
While the community pool (20' x 40') is somewhat small for a community this
size, a private pool can be accommodated on all the lots within the subdivision.
Continuous sidewalks are provided throughout the development which may be
utilized as a walking or jogging path. Only one tot lot is to be provided to
accommodate the recreational needs of the younger population. No tennis
courts, basketball courts or other active recreational amenities has been
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 8
provided. Mulched paths will be provided in the tree preserve area for passive
recreational opportunities, however no benches or picnic tables are indicated. In
addition, it would be appropriate to locate a bicycle rack adjacent to the common
pool. To improve the recreational facilities both passive and active within the
development a tot lot or other amenity should be provided in the RM section. A
bicycle rack should be provided adjacent to the pool, and benches should be
provided throughout the development in the common open space areas. These
items have been proposed as conditions of approval to further this standard.
Once provided a positive finding can be made that the location, shape and size
of the common open space is suitable for the density and characteristics of this
hopefully family oriented development.
(g) Common open space must be used for amenity or recreational
purposes and must be suitably improved for its intended use. Natural
features, worthy of preservation, shall be incorporated into the common
open space system;
The four acre preserve area will be cleared mainly of exotic plant materials and
maintained as a passive park with mulch trails. In addition, the proposed lakes
are located along a road and are accessible to all the homeowners within the
subdivision. The smaller common open space areas located throughout the site
are only improved with landscaping. As discussed above, benches should be
scattered throughout the development, which would help to further this standard.
In addition, stocking of the lakes to provide fishing opportunities should be
considered.
(h) Roads, pedestrian ways, and open space shall be designed as
an integral part of the overall design and shall be properly related to
buildings and appropriately landscaped;
As previously described, the roads, pedestrian ways and open space are
designed as an integral part of the overall development and appropriately
landscaped.
(I) There shall be an adequate amount of pedestrian ways and
landscape spaces to limit pedestrian use of vehicular ways, and to
separate pedestrian ways and public transportation loading places from
general vehicular circulation;
Sidewalks are to be provided on both sides of the streets throughout the
development with connections to Linton Boulevard, Military Trail, Citation Club,
and the elementary school. Thus, adequate amount of pedestrian ways have
been provided to limit pedestrian use of vehicular ways.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 9
ü) The location and design of pedestrian ways should emphasize
desirable views of new and existing development.
The pedestrian ways traverse along the roadway and provide views to the
homes, streetscape, and open space features of the site.
(k) Tot lots and recreational areas shall be a feature of all new
housing developments which utilize PRD zone districts. (OSR A-3.3)
A tot lot is to be provided within the recreational area. Details regarding the type
of equipment to be placed in the tot lot area should be approved by SPRAB
concurrent with the approval of the architectural elevations. As previously
mentioned, an additional tot lot should be considered for the RM portion of the
development.
Other Issues:
Reduction in Pavement Width:
Pursuant to LOR 6.1.2(B)(3), the required pavement width for a local street is
24'. The development proposal is to provide 20' of pavement width with 2' of
valley curb and gutter on both sides of the pavement. Pursuant to LOR Section
6.1.2(C), upon the recommendation of the City Engineer, and with the approval
of the Fire Marshal, the City Commission may authorize a reduction in the
minimum required width of paving if it is determined that the requirements of this
subsection would not be feasible or would constitute a hardship in a particular
instance and provided this reduction would not endanger public safety and
welfare.
The City Engineer has reviewed the request to reduce the pavement width from
24' to 20' and is in support of the reduction. The reduced pavement width will
provide for 24' of impervious surface to include 20' of asphalt road bordered by 2'
valley curb on each side. While our city standard does not provide for the
reduced pavement width when using a valley curb, this is an acceptable
standard for many other municipalities and Palm Beach County. The Fire
Marshal has indicated that the reduced pavement width can create some
problems with traffic circulation if cars are allowed to park on the side of the
street. Thus, to insure the public safety and welfare of the residents, the
homeowners association should enforce a "no parking" requirement on the sides
of the street. Based on the above, staff would support the waiver request to
reduce the pavement width conditioned upon the homeowners documents
containing language regarding the no parking rule.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 10
Dead-End Streets and Cul-de-sacs:
Pursuant to LDR Section 6.1.2(B)(4)(a), dead-end streets without the provision of
a turnaround are prohibited. Generally, a cul-de-sac shall be required; however,
in unique situations where a cul-de-sac cannot reasonably be accommodated
either a "T' or "hammerhead" turn around may be accepted by the Local
Planning Agency if approved by the Fire Marshal.
There are four dead-end street conditions being proposed within this
development that are approximately 150' in length with no provision of a turn
around. While the Fire Marshal has accepted the dead-end conditions given the
short street lengths, this does not eliminate the need to provide a proper
terminus. The applicant has indicated that they are willing to provide a "T" turn
around but would like the opportunity to discuss this matter further with the
Board. The City Engineer does not support the elimination of the turn around as
it forces vehicles to utilize private driveways to maneuver, rather than within the
public right-of-ways. If the Board supports the elimination of a turn around, a
waiver from the City Commission will be required.
Plat:
The development proposal represents a major subdivision requiring both
preliminary and final plat approvals. A plat has not been submitted to date,
however if the Conditional Use request and Master Development Plan is
approved, it can be anticipated that the plat will be submitted shortly.
Temporary Sales Trailer and Models:
The Master Development Plan indicates that the temporary sales trailer will have
access from Military Trail. Staff has some safety concerns with a curb-cut along
Military Trail, as the sales traffic could be routed internal to the site from the
shared entrance from Citation Club. However, if the County issues a permit for
the curb-cut, staff will not object. The Master Development Plan indicates that
models will be built on lots 12 and 13. The developer wishes to provide "dry
models" for sales purposes, however, the City does not have any provision in its
code for dry models. Therefore, water, sewer and appropriate means of fire
suppression must be provided to the units prior to C.O.
Loop Road:
A private loop road will be constructed from Linton Boulevard to Military Trail
which services both Hammock Reserve and Citation Club rental community.
This loop road was identified on the Future Land Use Map and in the
Comprehensive Plan as a City collector. With the annexation of the property, it
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 11
was determined that the development of these two projects would not warrant
enough traffic for a City collector (80' right-of-way width). A private loop road with
60' right-of-way is to be provided. As part of the Agreements executed between
Citation Club and Bloods Grove, access to the elementary school site and Linton
Boulevard through the Bloods Grove property for Citation Club residents is
required. Citation Club will be constructing a portion of the loop road from
Military Trail to just east of its entrance. The balance of the road will be
constructed by Hammock Reserve. If Hammock Reserve wishes to provide a
gate in the road in the future, all residents of Citation Club are to continue to
have unrestricted access to the elementary school and Linton Boulevard.
Provision of a gate house will require processing of a site plan modification and
provisions of access will be required. This item has been attached as a condition
of approval.
Infrastructure Improvements:
Hammock Reserve will be served by a meandering roadway connecting the
entrances to the project at both Linton Boulevard and Military Trail. The entrance
off Linton Boulevard will serve as the primary access to the development and
contain a 100' right-of-way with a median with a potential for a guard house. The
entrance from Military Trail will be a shared entrance with Citation Club with an
80' right-of-way. The primary roadway traversing through the development will
. contain a 60' right-of-way with 12' lanes, two feet of curb and gutter on both
sides, 8' of landscaping and 5' for sidewalks. The internal streets will contain a
50' right-of-way width containing sidewalks on both sides of the street. A 5' right-
of-way dedication will be provided along Military Trail for its ultimate right-of-way
width of 120', and 20' of right-of-way dedication will be provided along Linton
Boulevard tor its ultimate right-ot-way width ot 120' and to accommodate a right
turn lane into the project.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and appropriate findings to some of the policies Le. Open Space and
Recreation Element Policy A-3.3, Land Use Element Objective A-1, Housing
Element Objective C-2, and Policy C-2.4 were made with the Conditional Use
request. The following applicable objectives or policies are noted which pertain
to the Master Development Plan.
Conservation Policy 8-2.1 The submission of a biological survey and a
habitat analysis shall accompany land use requests for plan amendments,
rezoning, and site plan approval. However, the requirement shall not apply
to small parcels, developed parcels, or where it is apparent that there are
not such resources.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 12
Conservation Policy 8-2.2 Whenever and wherever significant or sensitive
flora and fauna communities are identified pursuant to Policy 8-2.1, they
shall be preserved as if they were environmentally sensitive areas as
identified in Objective 8-1.
The above policies are applicable to this development proposal. A
biological survey was provided with the annexation and rezoning of the
subject property. It was identified at that time that a four acre hammock
should be preserved. The entire hammock area is retained as a preserve
area with the Master Development Plan. A preservation plan has been
submitted and is incorporated as part of this Master Development Plan
proposal. No other native species were found on the subject property as
the site has been cleared for agricultural purposes.
Open Space and Recreation Policy 8-1.1 large open space areas like golf
courses and lakes, when developed within a subdivision, shall be located
so that they provide a view corridor for the general public. Similarly,
common areas which are a part of new developments shall be located, in
some degree, contiguous to the external street system and likewise
provide a view corridor.
The Master Development Plan provides for five lakes and the Hammock
Preserve. All of the lakes are located along a road which provide a view
corridor for the residents of the neighborhood. In addition, the common
recreational area has been placed adjacent to the preserve area which is
contiguous to the external street system and likewise provides a view
corridor. Therefor the intent of this policy has been met.
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Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings
relate to the following areas:
Section 3.1.1 (A) - Future land Use Map:
The subject property has Future Land Use Map designations of Low Density,
Medium Density and Open Space, and is currently zoned PRO-5, RM-8, and OS
(Open Space). Pursuant to LOR Section 4.4.6 within the RM zoning district zero
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 13
lot developments are a conditional use; pursuant to LDR Section 4.4.7 within the
PRD zoning district, zero lot line developments are allowed as a permitted use;
and pursuant to LDR Section 4.4.22 within the OS zoning district, passive parks
are allowed as a permitted use. Based upon the above, it is appropriate to make
a positive finding with respect to consistency with the land use plan designation.
Section 3.1.1 (B) - Concurrency:
As described in the Conditional Use report, a positive finding of concurrency can
be made as it relates to water, sewer, streets and traffic, drainage, parks and
recreation, open space, and solid waste.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix A, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance With the land Development Regulations:
As described under the Site Plan Analysis of this report, a positive finding of
compliance with the LDRs can be made, when all outstanding items attached as
conditions of approval are addressed.
Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving
body must make a finding that development of the property pursuant to the
site plan will be compatible and harmonious with adjacent and nearby
properties and the City as a whole, so as not cause substantial
depreciation of property values.
The proposed development is bordered on the south by R-1AA and OSR (Open
Space and Recreation); on the west by POC (Planned Office Center), CF
(Community Facilities), RM-10 (Multiple Family Medium Density), and County
zoning of RS/SE (Residential Single Family with a Special Exception); on the
north by RL (Multiple Family Low Density), and to the east by SAD (Special
Activities District), CF, and County zoning of RT (Residential Transitional).
Existing land uses to the west include Linton Office Park, South County Mental
Health Facility, Citation Club (404 unit rental community), and Bel-Aire (a zero lot
line development); to the south Del-Aire single family homes and the golf course;
to the east the Bloods commercial development, Orchard View Elementary
school and Foxe Chase subdivision; and to the north Linton Boulevard and
Shadywoods, a duplex development.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 14
The development of single family homes adjacent to commercial and community
facilities uses is not a concern as the development has buffered itself from these
more intense uses by a 6' high concrete wall and landscaping. There are also
no concerns with the development adjacent to the higher density multiple family
development known as Citation Club or the adjacent single family uses.
There is however concerns regarding compatibility internal to the site as there
are only two model types being offered (71 Oakmonts and 202 Glenwoods) with
little change to the architectural elevations. This issue is discussed at some
length in the Conditional Use staff report for this project. In order to mitigate this
situation, the developer has revised the Master Development Plan to include a
side loaded garage for the Glenwood unit which can be placed on the corner lots
and any of the larger pie shaped lots, and the road along the western property
line has been slightly curved to create a more interesting streetscape. These
small changes may still not be enough to provide enough variety throughout the
neighborhood without the provision of a third unit. The Board may wish to
discuss this item further with the applicant at the meeting.
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The development proposal is not located in an area which requires review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown Development
Authority).
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The development proposal consists of 273 zero lot line homes that will be built
under two zoning designations but controlled through a Master Development
Plan. The proposed Master Development Plan, Narrative and Preservation Plan
for Hammock Reserve are consistent with the zoning and Future Land Use Map
designation for the subject property. Positive findings can be made with regard
to Concurrency and Comprehensive Plan consistency. The specific findings
regarding compatibility and special regulations, required by LOR Sections
2.4.5(F)(5) and 4.4.7(H)(2) can also be made.
The proposal includes numerous requests for an internal adjustments, however
most of those adjustments pertain to the zero lot line homes located in the RM
district and would not be necessary if the lots were located within a PRO zone
district. The other adjustments such as reduction in side yard setbacks to
accommodate a 10' building separation, front yard setbacks and reduced side
yard setbacks to pools and enclosures are not uncommon for this type of
development and have been approved for other such master planned projects.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 15
There is some concern regarding the lack of diversity in the neighborhood, and
the Board should discuss whether or not that is a critical factor with this
development. DiVosta is known as a high quality builder, offering many interior
upgrades which would cost extra with other builders. The proposed floor plan
options are limited, but are very livable. DiVosta's philosophy is that the
continuity that they provide rather than diversity helps to maintain a high
standard of living.
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A. Continue with direction and concurrence.
B. Approve the Master Development Plan for Hammock Reserve and based
on positive findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(F)(5) and 4.4.7(H)(2) Finding of Compatibility and Special
Regulations of the Land Development Regulations and the policies of the
Comprehensive Plan subject to conditions.
C. Deny the Master Development Plan for Hammock Reserve based upon a
failure to make positive findings with respect to Section 2.4.7(C)(5), in that
the internal adjustments being requested diminish the practical application
of the affected regulations and that a superior development project does
not result.
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By Separate Motions:
Internal Adjustments:
Approve the internal adjustments as requested in the attached matrix based
upon positive findings with respect to LOR Section 2.4.7(C)(5). Approval of the
adjustments for lots located within the RM zoned portion of the property should
be subject for approval of the Conditional Use for zero lot line homes by the City
Commission.
Reduction in Pavement Width:
Recommend approval to the City Commission to reduce the pavement width of
the streets from 24' to 20' for those streets located within the 50' right-of-ways
based upon positive findings with respect to LOR Section 6.1.2(C).
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 16
Dead-End Streets:
Approve the dead-end streets with the provision that a proper turn around be
provided. If the Board supports the elimination of the turn around, the Board
should recommend approval of the waiver request to the City Commission with
justification stated.
Site Plan:
Approve the Master Development Plan for Hammock Reserve and based on
positive findings with respect to Chapter 3 (Performance Standards), Section
2.4.5(F)(5) and 4.4.7(H)(2) Finding of Compatibility and Special Regulations of
the Land Development Regulations and the policies of the Comprehensive Plan
subject to the following conditions:
1. Approval by the City Commission of the Conditional Use for the zero lot line
homes in the RM zoned portion of the development.
2. That a plat be processed pursuant to Chapter 5 and be recorded prior to
issuance of building permits.
3. That the homeowner documents provide a provision that the homeowners
association will enforce "no parking" within the swale areas based on the
reduced pavement widths.
4. That access to the elementary school and Linton Boulevard be maintained at
all times for the Citation Club residents, and that if a guard house is provided
that a non-impacting site plan modification be processed.
5. That the homeowner documents provide a provision that does not allow any
window openings on the zero side of the unit other than those provided by
the original developer which contain glass block.
6. That the architectural elevations i.e. models, cabana, playground equipment,
wall, guardhouse, etc., master landscape plan and typical lot landscape plans
providing alternate plant pallets for each model be approved by SPRAB prior
to final plat approval.
7. That a permit be obtained from Palm Beach County for the curb-cut along
Military Trail to the temporary sales trailer.
8. That water, sewer and fire suppression be provided to the models prior to
C.O., unless otherwise approved by the Chief Building Official and Fire
Marshall.
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 17
9. That the common recreational area and preserve be completed by 40% build-
out of the project.
10. That the entire loop road be constructed with Phase I development.
11. That the responsibilities outlined in the Preserve Area Management Plan be
incorporated into the Master Homeowners documents and that no
modifications to the plan may be made without the written consent of the City.
12. Board's disposition on staff's recommendation to provide an additional tot lot,
bicycle rack at the recreational area, and benches in common open space
areas.
13. Board's disposition on requiring additional product types or floor plans.
Attachments:
0 Appendix A
0 Master Development Plan
0 Master Narrative
0 Internal Adjustment Statement and Matrix
0 Architectural Elevations
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 18
A. Building design, landscaping, and lighting (glare) shall be such that
they do not create unwarranted distractions or blockage of visibility
as it pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with objective D-1
of the Traffic Element.
Not applicable
Meets intent of standard Once a bicycle rack is provided at the preserve
area the intent of the standard has been met.
Does not meet intent
C. Open Space enhancements described in Open Space and Recreation
Objective B-1, are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. That any street widening associated with the development shall not
be detrimental upon desired character and cohesiveness of affected
residential areas.
Not applicable _X_
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent
development regardless of zoning designations.
Not applicable
Meets intent of standard X
Does not meet intent
Planning and Zoning Staff Report
Master Development Plan for Hammock Reserve
Page 19
F. Vacant property shall be developed in a manner so that the future
use and intensity are appropriate in terms of soil, topographic, and
other applicable physical considerations; complementary to adjacent
land uses; and fulfills remaining land use needs.
Not applicable
Meets intent of standard _X
Does not meet intent
G. In order to provide for more balance demographic mix, the
development of "large scale adult oriented communities" on the .
remaining vacant land is discouraged.
Not applicable
Meets intent of standard X
Does not meet intent
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Hammock Reserve
Development
Narrative
Prepared for
City of Delray Beach, Florida
by
Hammock Reserve Development Company
Aug"ust 5, 1996
· . , .
Table 0' Contents
Developer Information ............................................ 1
Project Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
General Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Project Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
History of the Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Project Mix .................................................. 3
Project Amenities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Homeowners' Association .................................... 4
Phasing/Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Impacts to the Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Delivery of Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Financial Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Infrastructure .................................................. 7
Roadway System .............................................7
Internal Roadway Improvements ............................... 7
Off-Site Roadway Improvements ............................... 7
Traffic Analysis ............................................ 7
Storm Water Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Utilities ..................................................... 8
Service Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Delray Beach Requirements ....................................... 9
Consistency with Zoning and Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
General Statement .......................................... 9
Requested W aivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Anticipated Processing and Review Sequences . . . . . . . . . . . . . . . . . . . . . 9
·'.. . .
1
Developer Information
Hammock Reserve Development Company is an affiliated corporation of DiVosta and
Company, Inc. Otto "Buz" DiVosta serves as the Chairman of the Board and Chief
Executive Officer of DiVosta and Company, Inc. and affiliates while Robert S.
Kairalla serves as the President of Hammock Reserve Development Company. Mr.
DiVosta designed rus first home in 1954 while still a teenager. Since that time, he has
built and delivered over 18,000 homes in more than 100 communities in Palm Beach,
Martin, St. Lucie, Broward and Collier Counties. His developments include single
family residences, garden townhomes, condominiums, rental apartments, commercial
shopping centers and office buildings.
In 1959, he fonned DiVosta Construction Company and continued to build in the
Jupiter and Tequesta area in Palm Beach Coooty. While DiVosta has been applauded
for munerous accomplishments, the most recognized is rus introduction to the United
States in 1974 of a unique fonning system from Europe which revolutionized the
construction industry in this cOlmtry. DiV osta had already joined forces with Clifford
Burg, a general contractor, to fonn Shell Construction Company. The [¡nn built
residential communities for DiVosta, as developer, in northern Palm Beach County.
Then, in 1982, Shell Construction became Burg & DiVosta Corporation.
Throughout the years, DiV osta communities have met with overwhelming response.
All of the company's subcontracting work is done within the organization and skilled
craftsmen make the home's custom cabinetry for the kitchen, launchy and bathrooms.
Roof trusses, air conditioning ducts, plumbing and electrical systems are
preas sembled by in-house departments and delivered to the site the day of installation.
By adhering to a strict schedule, the company is able to produce and deliver a home
of uncompromising quality and craftsmanship within 47 days.
The Company is fÌequently ranked among the nation's top builder, and has been each
year since 1980. Presently, the Company is developing the 1,682-unit Riverwalk
development in West Palm Beach, the 861-unit Village walk project in Naples and
other developments in Tequesta and Martin County.
¡ l-Ianunock Rc.:s¡;rv~ Ü~vdoplne-Ill Naf!'ativc
. . . .
2
Project Information
Genera/Information
Project Location
The proposed Hammock Reserve Development is generally located near the southeast
corner of Linton Boulevard and Military Trail. More specifically, the property is
located immediately east of the Holland property and the 404-unit Citation Club
apartment complex presently under construction, west of the Orchard Grove
Elementary School and Fox Chase residential development and north of the Del Aire
Golf & Country Club. The irregular shape of the property presents many
development and logistical problems that must be addressed by the developer. In
addition, the Blood's Specialty Center, immediately to the east, has been approved
by the City of Delray Beach for 65,000 square feet of retail development. A city-
owned park is located east of this center and north of the schooL The property is
surrounded by a variety of uses including multifamily, office, medical office, retail,
educational, recreational and single family.
Historv of the Property
In 1994, a request was made to the City by another developer to annex and rezone the
Blood's property, encompassing the subject property and the 10 acres of adjacent land
to the east, from the County's designation ofMR-5 to allow for the development of
625 residential units. This effort failed and the property was eventually rezoned to
the City's designations of PRD-5 for the 51 acres within the southern portion of the
development and RM-8 for the 29 acres to the north while the four acre Preserve was
zoned Open Space. In all, a total of 492 units were permitted on the subject property.
With these conditions, the property was annexed into the City of Delray Beach on
September 5, 1995.
In April of this year, a proposal was made to the City of Delray Beach by the
Hammock Reserve Development Company to develop 49 single family zero lot line
units, 190 duplex units and 112 townhouse units (351 total units). At that time, the
, I lamrnock Resolve Development Narrative
¿
, . . .
Planning staff specified their desire to attract families to this community and indicated
a concern regarding the high number of duplex units and, consequently, the number
of duplex units was reduced by 36% to 122 units. The proposal was submitted to the
Planning and Zoning Board workshop meeting of May 13, 1996 for their review. At
that meeting, the Board expressed concern regarding the elevation and use of the
duplex product as well as the elevation of the townhouse unit.
In an effort to address these concerns, the duplex product was eliminated entirely and
replaced by a new zero lot line product called the Regent House. In addition, the
townhouse elevation was revised to create a softer appearance with the addition of
enhanced architectural features. A total of354 units were proposed - with each unit
having three bedrooms and a variety of four color options. At the June 10, 1996
Planning and Zoning Board workshop, the Board indicated their support of the
townhouse revisions but still had a concern regarding the Regent House elevation, due
in large part, because the front door did not face the street.
Pursuant to the Planning staff s directive, a discussion of this plan was presented to'
the Site Plan Review and Appearance Board (SPRAB) on July 31, 1996. At that
meeting, the developer presented a new single family zero lot line three-bedroom
product called the Glenwood which provided for a two-car enclosed garage and a
front door facing the street. The entrance to the unit also contained a covered
structure with archway openings on both the front and side of the structure. At this
meeting, the SPRAB directed the developer to pursue the new Glenwood product to
the north in lieu of the proposed townhouse product. Consequently, this application
reflects this change in direction.
Projeot Mix
The project will consist entirely of single family zero lot line residences. The
Oakmont - a 2,681 square foot home on a 50 foot wide will be developed along the
southern boundary of the development and south of the Hammock Preserve wlúle the
Glenwood - a 2,186 square foot product on a 40 foot will be built in the remainder of
the development. All products will contain three bedrooms, a minimum of two
bathrooms, an enclosed two-car garage and offered in four distinct colors (beige, pink,
yellow, peach). Several options will also be made available to buyers such as an
enclosed lanai, screened porch and pool, among others.
Specific details for each unit are provided below:
Oakmont
e Three Bedrooms + Den
& Three Bathrooms
v Front or side loaded two car garage
3 I !ammock Reserve Development Narrativ~
. .
· Three elevations, four colors
· Clay tile roof with three color mix (terra cotta, blond, brown)
· 2,193 square feet under air w/option to enclose lanai (198 s.£.)
· 2,681 total square feet
· Options include screened patio and/or screened pool (12' x 26')
· Projected sales price - $170,000 - $180,000
Glenwood (40' lot)
· Three Bedrooms
· Two Bathrooms
· Front loaded two car garage
· Three elevations, four colors
· Clay tile roof with three color mix (terra cotta, blond, brown)
· 1,610 square feet under air w/option to enclose lanai (160 s.£.)
· 2,186 total square feet
· Options include screened patio and/or screened pool (12' x 20')
· Projected sales price - $140,000 - $150,000
The development will attempt to cater to families through the construction of three
bedroom products and by promoting the close proximity of the school. It is
anticipated that a wide mix of persons will choose to live in this development.
Projeot Amenities
A recreation center and tot lot is planned at the center of the project adjacent to the
four-acre hammock preserve. Per the staffs suggestion, a nature trail will also be
located through this preserve. It is expected that approximately 30% - 40% of the
residents will choose to have a pool built as part of their home although the recreation
center pool will accommodate all of the residents of the community. In addition, a
city-owned park is located adjacent to the development as well as the elementary
school with its many recreational facilities. It is common for the School Board to
allow nearby residents the use of their facilities after school hours and this option can
be explored. Additional open space areas will be provided throughout the project and
five lakes will be developed to assist the drainage and improve the aesthetic
appearance of the subdivision.
Homeo~ners'AssociaUon
A single homeowners association will be fonned which will maintain all roads,
entrances, the recreation center, tot lot, signage, perimeter walls, the hammock and
all common open space. All lots will be fee simple and back yards will be maintained
by each of the owners of the various lots. All units will be part of the Homeowners'
Association. The Association will enforce certain maintenance and landscape
requirements for all homeowners as spelled out in the sale documents.
4 H.unmock Reserve Development Narrative
Phasing/Schedule
It is anticipated that approvals can be issued prior to the end of November 1996.
Immediately upon receipt of such approval, Hammock Reserve Development
Company would seek to begin construction of two models immediately south of the
Military Trail entrance on lots 12 and 13. A sales trailer would also be erected
immediately north of the cul-de-sac. A turn out permit would be required from Palm.
Beach County.
Construction of the units would begin around June of 1997 and developed in two
phases. Ph~e I would include the construction oflots 1 - 140, the loop road from the
Military Trail entrance to the school entrance as well as the recreation center. The
recreation center, including the community pool and tot lot, and preserve area will be
completed by 40% of build out as requested by the City. Construction of Phase II may
begin prior to the completion of Phase I if sales of the Oakmont product are slow.
Construction is expected to be completed before the end of 1999.
Impacts to the Community
Delivery of Housing
The development of the Hammock Reserve property will result in the addition of 273
affordable moderate housing units within the City of Delray Beach. The construction
of a single family, three bedroom product adjacent to an elementary school will also
serve to attract a younger, family oriented buyer. Tills will address the concern
outlined in the Delray Beach Comprehensive Plan which calls for a family-oriented
development. In addition, the buyers within this community will receive a superior
product with a DiV osta built home.
Financial Impacts
In 1995, the Blood's Grove property was assessed as agricultural land for $476,955.
It is anticipated that, upon completion of the development, the total value for the
residential properties alone should easily exceed $33,000,000.00 as reflected below:
Oakmonts ($175,000 x 80%) = assessed value x 71 units = $ 9,940,000
Glenwoods($145,000 x 80%) = assessed value x 202 units = $23,432.000
Total: $33,372,000
The City's 1996 millage rate is $7.90 per $1,000 of assessed value. Upon
development and with all units claiming a homestead exemption, the 273 units would
5 Hammock Reserve Development Narrative
result in a total tax contribution increase from $3,768 to $209.700 to the City -.an
increase of more than 5.000%.
According to the Delray Beach Finance Department, the combined tax rate for all
other governmental entities is approximately 24 mills per $1,000 of value meaning
that the total tax contribution by this project would exceed $637,000 annually. In
additio~ the Glenwood home will be required to pay $4,763 in building pennit fees,
water and sewer fees and a recreation impact fee. The Oakmont home will be
required to pay more than $5,048 in similar fees. The total amount of fees generated
for the City of Delray Beach is estimated to be more than $1,320,000
{202x4763=$962,126}& (71x5048=$358,408). County impact fees for parks,
schools, roads and public buildings will also total $742,000. In summary, Hammock
Reserve will pay more than $2,063,000 in fees, excluding taxes, to the various
governmental agencies during the development of this project.
In summary, the following revenues would be realized:
CITY OF DELRA Y BEACH REVENUES OTHER REVENUES**
Annual taxes - $ 209,721 * Annual taxes (Total- City)- $427,407*
Building permits - $ 543,303 County Impact Fees - $742,837
Water and Sewer Fees - $640,731
Park & Recreation Fee - $136,500
Total - $1,530,255 Total- $1,170,244
* Taxes paid annually
** Includes Palm Beach County, School Board, ManagementIDrainage Districts
6 Hammock Reserve Development Narrative
· .
3
Infrastructure
RoadllVay System
Internal Roadw-av Improvements
Hammock Reserve will be served by a meandering roadway connecting the entrances
to the project at both Linton Boulevard and Military TraiL The entrance off of Linton
Boulevard will serve as the primary access to the development and contain a 100 foot
right-of-way with a median. The entrance off of Linton Boulevard will be a shared
entrance with the Citation Club development with an 80 foot right-of-way. The
primary roadway traversing through the development will contain a 60 foot right-of-
way with 12 foot lanes, two feet of curb and gutter on both sides, eight feet of
landscaping and five foot sidewalks. The internal streets will contain a 50 foot right-
of-way with sidewalks on both sides of the street.
Off-Site Roadw-av Improvements
Given the location of the traffic signal immediately east of the Hammock Reserve
entrance on Linton Boulevard, it would be extremely difficult to place another light
at the proposed entrance at this location. Residents exiting the development will be
required to turn east on Linton Boulevard. A right turn deceleration lane will be
provided off of Linton Boulevard as well as off of Military Trail (via the shared
access).
Traffic Analvsis
A traffic study dated June 28, 1996 was prepared by David Plumber and Associates
and submitted to the Planning Department. This study identified 356 units (a trip
generation of3,056 trips) and indicated that the development complies with both of
the Test 1 and Test 2 requirements of the Palm Beach County Traffic Perfonnance
Standards (TPS) Ordinance. Given the proposed reduction of units in this revised
application, the total trip generation is reduced to 2,730 trips further insuring
compliance with the requirements of the County's TPS Ordinance. Additional data
pertaining to this reduction has also been provided to staff.
7 Hanuno<.:k Reserve D~veiop!nc:nt Nafrativ~
Storm Water Management
The stonn water management and excavation needs of the entire project are being
coordinated in confonnance with the requirements of the South Florida Water
Management District and the Lake Worth Drainage District. Two canals, bordering
the project on the north and south, are maintained by the Lake Worth Drainage
District and coordination with that entity has taken place during the planning of this
development. Five lakes of varying sizes have also been provided for water retention.
These lakes will be maintained by the Homeowners Association as described in
Chapter Two.
Utilities
The City of Delray Beach will provide water and sewer service through the
connection of a 12 inch water main at Gennantown Road and an 8 inch force main
by the Citation Club and in front of the school. The engineering plans identify the
locations of all fire hydrants, manholes, lift stations and lines. All improvements will
be installed as construction occurs throughout the development.
Servioe Providers
Letters have been forwarded to all of the service providers for Hammock Reserve.
These include letters to Mr. Danvers Beatty, City of Delray Beach Utilities/
Engineering Department, Waste Management of Palm Beach, Adelphia Cable
Communications, Mr. Dan Rothell of Bell South, Mr. Jim Weeks of Florida Power
& Light and Corncast Cablevision. Hammock Reserve will comply with all
requirements of these respective organizations as well as any other governmental
regulations affecting wellfield protection and hazardous waste disposal.
¡¡ ! [all1l11ock Reserve Development Narrative
· "
4
De/ray Beach Requirements
Consistency with Zoning and Land Use
General Statement
The project is proposed to be developed with 273 units at a density of 3.26 units per
acre. This is 55% of the allowable density of the PRD-5 and RM-8 zoning districts.
The PRD-5 zoning district contains approximately 51 acres and would pennit 258
units while only 170, or 66%, is being proposed. In the RM-8 zoning district, a total
of 234 units is pennitted while only 103 units, or 44%, is proposed. The PRD-5
district also requires that 50% of the units be single family detached. In this
development, all of the units are proposed to be single family detached.
Because the zero lot line development is considered a conditional use in the RM-8
zoning district pursuant to Section 4.4.6 (D) of the Delray Beach Zoning Code, the
proposed project is being submitted to the City Council for their review and approval.
Requested Waivers
Several waivers, as reflected in the attached matrix, are being requested for this
development. These waivers are requested in order to achieve a superior product and
offer the buyers of this community a residential product that can serve to attract
families as requested by the Planning Department staff. The waivers would allow for
a larger floor plan that would be in the best interest of the families purchasing these
bedrooms. The waivers would allow for the placement of a single family product in
a multi-family zoned property. Although up to eight units an acre could be
developed, the project would yield a less dense, more family-oriented development.
Anticipated Processino and Review Sequences
It is anticipated that the Hammock Reserve development will be fonnally reviewed
by the Planning and Zoning Board on September 16, 1996. This will be thcir first
9 Hammock Res,'rve Development Narrative
formal review after workshops in both May and June of this year. In addition, the
Site Plan Review and Appearance Board (SPRAB) will review the proposed
elevation, colors, landscaping and signs of the proposed development as reflected in
Section 2.2.3 of the Delray Beach Zoning Code. It is anticipated that the City
Council can conduct their review an approvals can be granted before the end of
November 1996.
10 Hammock Rcservc Dcvelopment Narrative
f . ,
HAMMOCK RESERVE
JUSTIFICA TION FOR INTERNAL ADJUSTMENTS
MINIMUM LOT WIDTH - RM-8
An internal adjustment is being requested from LDR Section 4.3.4 (K) to allow a reduction in the
minimum lot width from 60' to 40' for selected lots within the RM-8 zoning district. Single fanùly
zero lot line developments are a conditional use in the RM-8 zoning district. Rather than building
apartments, group homes or other higher density products, families can be encouraged to locate in
this development if an alternative can be provided. This can be accomplished through the
construction of a lower density type of development. To develop this same product on a 60' lot
would require the elimination of approximately 34 units making the development impracticable. The
request does enhances the quality of the development and a superior project can be created.
Affected Lots: 169-175, 178-192, 194-205,207-214, 216-222, 224-247, 249-260, 262-272
MAXIMUM LOT COVERAGE
An internal adjustment is being requested from LDR Section 4.3.4 (K) to allow the maximum lot
coverage to be exceeded by 5%. The request does not diminish the code requirement and buyers
are allowed a larger home. To meet the 45% maximum lot coverage of this multifamily zoned
property, the size of the unit (2,186 square feet) would have to be reduced. This could be
accomplished by eliminating a bedroom or the two-car enclosed garage. To accomplish the City's
intent to attract fanùlies, a larger product should be made available to home buyers. Based on the
above discussion, a superior project can be created.
Affected Lots: 169-175,178-192,194-205,207-214,216-222, 224-247, 249-260, 262-272
FRONTSETBACK-OAKMONT
An internal adjustment is being requested from LDR Section 4.3.4 (K) to allow a reduction in the
front yard setback from 20' to 15' and 18' for 24 lots (34%) located within the Oakmont section of
the project in the PRD-5 zoning district. The reduction in the front yard setback is to accommodate
a side loaded garage. The introduction of side loaded garages on the aforementioned lots throughout
this district provides for a varied streetscape and more useable rear yard open space. The request
does not diminish the code requirement as cars can still park effectively in the driveways. In addition,
the side load garage breaks up the appearance of the street and is aesthetically more pleasing than a
row of similar products. Based on the above discussion, a superior project can be created.
Affected Lots: 5-7, 15-16, 18,21,22,24,26,28,32-33,46,49-50,53, 56-57, 60, 62-63, 67, 69-70
FRONTSETBACK-GLENWOOD
An internal adjustment is being requested from LDR Section 4.3.4 (K) to allow a reduction in the
front yard setback from 25' to 20' for several lots in the RM-8 zoning district. In addition, the
developer has proposed utilizing a side loaded garage on several lots within hmh zoning districts.
In total, 28 Glenwood lots (14%) will have side loaded garages. The lots required to maintain a 25'
front setback are located in the Medium Density zoning district. In a Planned Residential
Development District, the zoning allows only a 20' front setback for a zero lot line product. The
request does not diminish the code requirement as the intention is to develop a single family
I
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community consistent with the construction within the PRD-5 district to ·~he immediate south. The
proposed 20' tro~t setback and the introduction of a side loaded Glenwood product allows a larger
product to be built on the lot thus making it more attractive to families. In addition, the side load
garage breaks up the appearance of the street and is aesthetically more pleasing than a row of similar
products. Based on this discussion, a superior project can be created.
Affected Lots: 72, 89, 106-109, 113-114, 121-122, 130, 143, 153-154, 157, 164-165, 167-168, 169-
273
SIDE STREET SETBACK
An internal adjustment is being requested ITom LDR Section 4.3.4 (K) to allow a reduction in the side
street setbacks for several Glenwood lots. These lots are 60' in width and have the zero side of the
home facing the street. With the additional 20' side setback, the units provide a side setback of 10'
wlùle providing a 16'11" setback on the opposite side. The property is not affected in that the zero
side faces the street and the home owner is afforded a larger side setback on the opposite side. The
request does not diminish the code requirement as side setbacks will be maintained and a superior
project can be created.
Affected Lots: 107, 130,215,248,255
SIDE INTERIOR SETBACK
An internal adjustment is being requested trom LDR Section 4.3.4 (H)(3)(a) and 4.3.4 (K) to allow
a reduction in the side yard setbacks trom 0' and 15' to 3'1" and 6'11" for the majority of the lots
within the development. Rather than build the single family detached products on the zero lot line,
the unit will be offset 3'1" to allow any dryer vents, roof overhangs etc. to remain on the same
property. In addition, the property owner is provided access to his residence via the offset side
setback. A total building separation of at least 10 feet will be maintained. The requested decrease
in the side setback allows the developer to provide a larger single family residential product thereby
increasing the demand for family home buyers. The request does not diminish the code requirement
as side setbacks will be maintained and a superior project can be created.
Affected Lots: See Matrix
REAR SETBACK - RM-8
An internal adjustment is being requested trom LDR Section 4.6.15 (G)(I) to allow a reduction in
the rear yard setbacks for pools for several lots within the RM-8 portion of the development. A slight
adjustment is required for those units which have a 20' ITont yard setback on a 125' lot. The
Glenwood product measures 81' in depth leaving a 24' rear yard setback for these units. Rather than
lessening the size of the building, it would be more advantageous to seek the I' adjustment and
provide for a larger size. The requested adjustment of I' will not affect the character of the
development and a superior project can be created.
Affected Lots: 169-175, 194-205,208-214,216-222,224-229,249-254, 256-260, 262-272
SIDE SETBACK - POOLS
An internal adjustment is being requested trom LDR Section 4.6.15 (G)(1) to allow a reduction in
the side yard setbacks for pools ITom 10' to 5' for all lots within the development. In order to comply
,
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with the side setb~ck requirements for pools, a smaller pool would be required to meet the required
10' setback. The internal adjustment for those residents choosing the pool option would allow for
the construction of a 12' x 26' pool for the Oakmont product and a 12' x 20' pool for the Glenwood
product. The requested decrease in the side setback allows for the construction of a larger pool and
a superior project can be created.
Affected Lots: All
REAR SETBACK-POOLS
An internal adjustment is being requested from LDR Section 4.6.15 (G)(l) to allow a reduction in
the rear yard setbacks for pools for several lots within the development. A waiver is required for the
"back to back" units located on lots 249-261. In order to comply with the rear setback requirements
for pools, a smaller pool would be required to meet the required 10' setback. The internal adjustment
for those residents choosing the pool option would allow for the construction of a 12' x-20' pool for
the pool for the Glenwood product. The requested decrease in the setback allows for the
construction of a larger pool and a superior project can be created.
Affected Lots: 249-261
SIDE SETBACK - SCREENED ENCLOSURES
An internal adjustment is being requested from LDR Section 4.6.15 (G)(1) and 4.3.4 (H)(5)(e) to
allow a reduction in the side yard setbacks for screened enclosures from 5' to 3' for lots within the
development. Within this development, residents will be offered the opportunity to choose a screen
enclosure option with or without a pool. The enclosure measures approximately 40' x 25' for the
Oakmont and 34' x 20' for the Glenwood. In order to comply with the side setback requirements, a
smaller enclosure and pool would be required to meet the required 5' setback. The internal
adjustment for those residents choosing the screened enclosure option would allow for the
construction of a larger enclosure and/or pool. The requested decrease allows for the creation of a
superior product.
Affected Lots: All
REAR SETBACK-SCREENED ENCLOSURES
An internal adjustment is being requested from LDR Section 4.3.4 (H)(5)(a) to allow a reduction in
the rear yard setbacks for screened enclosures for several lots within the development. Within this
development, residents will be offered the opportunity to choose a screen enclosure option with or
without a pool. In order to comply with the rear setback requirements for screened enclosures, a
smaller enclosure and pool would be required to meet the required 51 setback. An adjustment is
required for the "back to back" units located on lots 248-261. The varying sizes of the setbacks is
caused by the introduction of a side loaded Glenwood product. In order to comply with the rear
setback requirements for screened enclosures, a smaller pool and/or screened enclosure would be
required to meet the required 101 setback. The requested decrease in the setback allows for the
construction of a larger screened enclosure and a superior project can be created.
Affected Lots: 248-261
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MEMORANDUM
DATE: September 27, 1996
TO: DavidT. Harden, City Manager i
FROM: Linda Turnage, Budget Administrator ..
RE: Amendment to the Fiscal Year 1997 Budget
The revised Exhibit A has been amended to include the Hay Group's
Recommendations. Adjustments in the General Fund include $26,550 to bring a
total of 17 employees to the minimum pay of the recommended grade and
$38,320 for the pays at the maximum of the current ranges.
These additional funds were derived from various reductions in the departmental
accounts, a $30,000 reduction in the transfer to the General Construction Fund
and a reduction of $15,080 in the contingency funds.
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RESOLtJTICN 00. 75-96
A RESOLU'l'ICN OF 'mE CITY cc:fI.fiSSICN OF 'mE CITY OF
DELRAY BEACH, FLORIDA, AMENDIN:; IŒ:SOLUTIœ 00. 72-96
WHICH MADE APPROPRIATIONS Œ' SUMS OF K:IæY FOR ALL
NECESSARY EXPENDITURES OF 'mE CITY OF DELRAY BEACH,
FIDRIDA, FOR 'mE FISCAL YEAR 1996/97, BY SETI'IN3 FORTH
'mE ANTICIPATED REVENUES AND EXPENDITURES FOR 'mE
OPERATIN3 FUNDS OF 'mE CITY FOR 'mE FISCAL YEAR
1996/97; 'ro REPEAL ALL IŒ:SOLUTIONS n:coNSISTEm'
HEREWI'm .
N:m, 'lHEREFORE, BE IT RESOLVED BY THE CITY a:M([SSICN OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOI.IœS:
Section 1. '!hat Section 1. of Resolution No. 72-96 is hereby
repealed, and a new Section 1. is enacted and amended to read as follows:
'n1at the following sums of money, attached hereto and marked
Exhibit "A" , are hereby appropriated up'n the tenus and conditions
herein set forth.
Section 2. '!hat, subject to the qualifications contained in this
resolution, all appropriations made out of the General Fund are declared to
be maximum, conditional, and prop:>rtionate appropriations, the purpose
being to make the appropriations payable in full in the amounts herein
named if necessary and then only in the event the aggregate revenues
collected and other resources available during the period canrnencing the
1st day of October, 1996, and ending the 30th day of September, 1997, for
which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to
be payable in such proportion as the total sum of realized revenue of the
General Fund is to the total amount of revenues estimated. by the City
Canrnission to be available in the period canrnencing the 1st day of October,
1996, and ending the 30th day of September, 1997.
\
Section 3. '!hat all balances of the appropriations payable out
of the General Fund of the City'lreasury unencumbered at the close of
business on the 30th day of September, 1996, except as otheJ:wise provided
for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any
appropriation for the fiscal year canrnencing the· 1st day of October, 1996.
Provided, however, nothing in this section shall be construed to be
applicable to unencumbered balances remaining to the credit of the Water
and Sewer Fund, Sanitation Fund or any Fund created by the setting up of
special revenue, but such balances shall be used in financing the prop:>sed
expenditures of these Funds for the fiscal year canrnencing the 1st day of
October, 1996.
. .
AMENDED
EXHIBIT A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA· FISCAL YEAR 1997
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 60,830 40,000 2,323,000 93,770 2,517,600
ESTIMATED REVENUES:
TAXES Millage Per $1,000
AD VALOREM TAXES 6.95 17,395,220 17,395,220
AD VALOREM TAXES 0.90 2,252,620 2,252,620
AD VALOREM·DELlNQUENT 111,340 1 1 1 ,340
AD VALOREM· DDA 1.00 94,070 94,070
Sales & Use Taxes 1,525,600 1,525,600
Franchise Taxes 2,927,000 2,927,000
Utility Taxes 5,010,000 5,010,000
licenses & Permits 1,804,020 1,804,020
Intergovernmental 4,869,510 49,390 1,633,030 6,551,930
Charges for Services 3,414,950 25,104,880 28,519,830
Fines & Forfeitures 475,700 475,700
Miscellaneous Revenues 2,885,750 4,330 3,673,450 23,000 6,586,530
Other Financing Sources 2,219,280 412,560 775,990 3,407,830
TOTAL REVENUES AND OTHER
FINANCING SOURCES 44,890,990 98,400 29,240,280 2,432,020 76,661,690
TOTAL ESTIMATED REVENUES
AND BALANCES 44,951,820 138,400 31,563,280 2,525,790 79,179,290
EXPENDITURES/EXPENSES:
General Government Services 5,119,870 5,119,870
Public Safety 24,935,040 24,935,040
Physical Environment 293,360 19,787,240 20,080,600
Transportation 1,272,230 1,272,230
Economic Environment 698,510 90,200 1,778,710 2,567,420
Human Services 170,030 170,030
Culture & Recreation 6,118,950 2,714,350 370,380 9,203,680
Debt Service 2,878,450 4,932,350 298,040 8,108,840
Other Financing Uses 3,388,610 3,497,900 6,886,510
TOTAL EXPENDITURES/EXPENSES 44,875,050 90,200 30,931,840 2,447,130 78,344,220
Reserves 76,770 48,200 631 ,440 78,660 835,070
TOTAL EXPENDITURES AND RESERVES 44,951,820 138,400 31,563,280 2,525,790 79,179,290
. . . .
MEMORANDUM
'10: MAYOR AND CITY CG1MISSIONERS
FRœ: CITY MANAGER tnv1
SUBJECT: AGENDA ITEM # q (;- - REGULAR MEETING OF OOIOBER 1, 1996
MUNICIPAL LEAGUE REPRESENTATION
DATE : SEPTEMBER 27, 1996
We recently received the attached request for designation of voting
delegates from the Palm Beach County Municipal League.
Currently, we do not have a formal representative to the Municipal League.
When the City Canmission liaison assignments were finalized and approved on
May 7, 1996, no member of the Corrunission was able to assume this
commibnent.
General membership meetings are held on the 4th Wednesday of the month,
with coffee and danish at 10:00 a.m. The meetings start about 10: 30 a.m.
and run until noon, followed by lunch. Each city hosts on a rotating
basis. -
Canmission direction is requested.
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Palm Beoch County MUNICIPA1LEAC"UE
P.o. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 3340:2 (407)~
MEMORANDUM
TO: Maaaaera and Clerks
PIlOM: JåL"~
Executive Dir
Palm Beaçh . Municipal League
I
DATE: September 17, ~ 996
IŒ: Votio¡ De1eptes and Alternate Voting Delegates
..............................................................................
............................................................................
Please find attached the fonn for each city to designate its Voting Delegate and
AIIamtes. The Lea¡ue is updabng its files and requests that each city 6IJ out the attached form and
nIum it to the League office by Friday, September 20, 1996, or as soon II possible. Our l.aimUe
_bel' II (~1) 3!S-23Ø.
.
It your Voting Delegate and Alternates have Dot changed låmply forward a
pnMousIy executed form.
Your cooperation is greatly appreciated,
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Palm Beach County MUNICIPAL LEAGUE
P.O. BOX ,., GOVERNMENTAL CENTER, WEST PALM BEACH. FLORIDA 33402 (407)355-4484
.
DESIGNATION OF VOTING DELEGATE AND ALTERNATES
III ICCOIdance with Article Four of the Bylaws of the Palm Beach County Municipal
1_'e-Inc.. II amended on October 28, 1992. the sovernina body of (City. Town, VdJaøe name)
Ci ty of Delra~ Beach . took ofticiaJ action IDd desiJnated the foltowln¡
.... d1l9"~ and altemate(s) to vote OD behalf of the above-øamed IDlniCipality at any Municipal
1 MJIn ~"& IpOCiaI moetins and/or function:
Karen A. Kiselewski
Citv Commissioner
VodDa Delepte A1temate
David E. Randolph, Sr.
Vice-Mayor
Aleemate A1temate
.'
! Alllmate Alternate
Allfnate Alternate
AlllrDate Alternate
Action taken tbis 1 st. day of
.
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AnEST:
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£1111 DF DELRAY BEA[H
DElRAY BEACH
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twad CITY CLERK 100 NW. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
;~fr October 8, 1996
1993
Mr. Jack Horniman
Executive Director
Palm Beach County Municipal League
P.O. Box 1989
Governmental Center
West Palm Beach, FL 33402
Re: Municipal League Representation and Designation of Voting Delegates
Dear Mr. Horniman:
At the City COmmission meeting of October 1, 1996, COmmissioner Karen A.
Kiselewski was designated the City's representative to the Palm Beach County
Municipal League, with Vice-Mayor David E. Randolph, Sr. serving in the
alternate capacity. Enclosed for your files is an updated Voting Delegate
and Alternates form.
We would appreciate your forwarding general information concerning the
Municipal League, including notice of meetings, time and location, to our
Commissioners at the City of Delray Beach, 100 N. W. 1st Avenue, Delray Beach,
Florida 33444.
If you have any questions, please do not hesitate to contact me at
561/243-7050. 'nlank you for your cooperation.
Sincerely,
~ýfkHqa Jlt1i¥
Alison MacGregor Harty
City Clerk
AMH/m
Enclosure
cc: Mayor Jay Alperin
Vice Mayor David E. Randolph
Conunissioner Karen Kiselewski
Conunissioner Kevin Egan
Conunissioner Ken Ellingsworth
David T. Harden, City Manager
@ Pnnt&e! on Recycled Paper THE EFFORT ALWAYS MATTERS
MEMORANDUM
'ID: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJt-'(
SUBJECT: AGENDA ITEM # q H - REGULAR MEETING OF OC'IDBER 1, 1996
APPOINTMENI' 'ID POMPEY PARK ADVISORY COMMI'ITEE
DATE: SEPTEMBER 26, 1996
Ñny Azam I s term as a youth member (13 to 19 years of age) on the Pompey
Park Advisory Committee expired on September 13, 1996. Ms. Azam was
originally appointed to fill an unexpired term in October, 1995. She is
eligible and would like to be considered for reappointment.
The term is for two years, ending September 13, 1998. Attendance records
are attached.
Applications for the 13-19 years age group have been received from:
Ñny Azam (incumbent)
Kenneth Julian, III
Darrell McCray
Marlon Sobers
Ely Turner
Pursuant to Commission direction, a check for code violations and municipal
liens has been conducted. There are none.
The appointment will be made by Commissioner Kiselewski (Seat #1).
Recommend appointment of a youth member (13-19 years of age) to the Pompey
Park Advisory Committee for a two year term ending September 13, 1998.
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POMPEY PARK ADVISORY COMMITTEE
1996
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Al"," J:lnll-fA.au A p Alp A AlP A P A
Dwavne Jackson P A PIp P Pip A P A
Tommv Stevens P P PIA P PIP P P P
M. Sue Jackson P P PIp A PIp p P P
00
Willie Potts. Jr. P P PIP P I:: PIp P P A
oM
Q)
~orey Thompson (appnt 7/96) Q) A P
X
Amy Azam A A PIp 0 AlA A A P
A z
MEMORANDUM
'1Q: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tft.- iì
SUBJECT: AGENDA ITEM # q..I- - REGULAR MEETING OF OC'lOBER 1, 1996
APPOINI'MENT '1Q THE EDUCATION BOARD
DATE: SEPTEMBER 26, 1996
There is a vacancy on the Education Board for one of the two student member
positions. The term of service will end on July 31, 1998 (two year term) .
Student members may not serve more than one full term.
To qualify for membership, student members shall either be residents of the
city or attend Delray Beach public school.
An application has been received from the following individual:
Hassan Ali Wed.derburn
If acceptable, the appointment will be made by Conunissioner Egan.
Recommend appointment of a student member to the Education Board for a two
year term ending July 31, 1998 (existing vacancy).
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MEMORANDUM
'lU: MAYOR AND CITY CCMMISSIONERS
FRœ: CITY MANAGER rfJ1
SUBJECT: AGENDA ITEM # loA - MEETING OF OC'IDBER 1, 1996
LEVY PROPERTY LAND USE ACTIONS
DATE : SEPTEMBER 26, 1996
This is before the Commission to consider on second and final reading
two ordinances which will effectuate the land use actions included as
part of the settlement agreement between Mr. and Mrs. Levy and the
City. The property is located on the east side of South Federal
Highway, between Avenue F and Avenue G, and contains 1.086 acres.
Ordinance No. 41-96 provides for a small scale Future Land Use Map
(PLUM) amendment from Transitional to General Conunercial , while
Ordinance No. 42-96 rezones the property from POD (Professional and
Office District) in part and RM (Medium Density Residential) in part
to SAD (Special Activities District).
The Planning and Zoning Board considered the matter at public hearing
on August 19, 1996, and voted unanimously to recommend as follows:
(1) Approve the Small Scale Future Land Use Map Amendment from
Transitional to General Conunercial for the Levy property based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Developnent Regulations, and policies of
the Comprehensive Plan, with the finding that the potential
benefi ts of the developnent proposal outweigh the conflicts with
Future Land Use Element Policy A-2.4 of the Comprehensive Plan.
(2) Approve the rezoning request to SAD and the attendant site plan
based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5{D){5) (Rezoning Findings),
and Section 2.4.5(F){5) (Site Plan Findings) of the LDRs, and
policies of the Comprehensive Plan, and subject to the conditions
outlined in staff documentation.
At first reading on September 17, 1996, the City Commission passed
both ordinances by a 4 to 0 vote.
Recomrnend approval of Ordinance No. 41-96 and Ordinance No. 42-96 on
second and final reading.
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I
; ORDINANCE NO. 41-96
I
i AN ORDINANCE OF THE CITY COOMISSION OF THE CITY OF DELRAY
BEACH, FIDRIDA, CHANGING THE FUl'URE LAND USE MAP
DESIGNATION IN THE e<:MPREHENSIVE PLAN FROM TRANSITIONAL
'It) GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNCMN AS THE
LEVY. PROPERTY LCCATED ON THE EAST SIDE OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY #1), BE'lWEEN AVENUE F AND AVENUE G,
AS THE SAME IS M:>RE PARTICULARLY DESCRIBED HEREIN¡
ELECI'ING 'It) PROCEED UNDER THE SINGLE HEARING ADOPI'ION
PReCESS FOR SMALL SCALE LAND USE PLAN AMENDMENI'S ¡
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFEcrIVE DATE.
WHEREAS, the property hereinafter described is designated on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray
Beach, Florida, as Transitional; and
WHEREAS, at its meeting of August 19, 1996, the Planning and Zoning
Board for the City of Delray Beach, as Local Planning Agency, reviewed this
item at public hearing and voted unanimously to recommend approval of the
small scale FLUM amendment, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the
Comprehensive Plan be amended to reflect the revised land use designation of
General Canrnercial. I
1Di, THEREFORE, BE IT ORDAINED BY THE CITY COOMISSION OF THE CITY
OF DELRAY BEACH, FIDRIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is
as follows:
Lots 1-5, inclusive, less the west 38 feet thereof, and
Lots 13-24, inclusive, in Block 24, DEL RAroN PARK, and
together with abandoned 10 foot alley lying east of Lots
1-5 (abandoned by resolution in O.R. Book 1754, Page 612)
and together with abandoned 10 foot alley east of Lot 23
i (abandoned by resolution in O. R. Book 4053, Page 744),
all in Block 24, DEL RAroN PARK, according to the Plat
i thereof as recorded in Plat Book 14, Page 9 of the Public
Records of Palm Beach County, Florida (the II Levy
PrOperty" ) .
The subject property is located on the east side of South
Federal Highway (U.S. Highway #1), between Avenue F and
Avenue G; containing 1.086 acres, more or less.
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Section 2. That the Future Land Use Map designation for the I
subject property in the Comprehensive Plan is hereby changed from
Transitional to General Commercial.
Section 3. That the City of Delray Beach elects to make this small
scale amendment by having only an adoption hearing, pursuant to Florida I
Statutes Section 163.3187(1){c)4. I
Section 4. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than I
the part declared to be invalid. !
I
Section 6. That this ordinance shall become effective thirty-one
( 31) days after adoption, unless the amendment is challenged pursuant to ,
Section 163.3187(3), F.S. If challenged, the effective date of this I
amendment shall be the date a final order is issued by the Department of I
Community Affairs, or the Administration Commission, finding the amendment fn I
canpliance with Section 163.3184, F.S. No developnent orders, development ,
i
permits, or land uses dependent on this amendment may be issued or commence I
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 I
32399-2100.
PASSED AND ADOPTED in regular session on second and final reading I
on this the 1st day of October , 1996.
I
I
I
ATI'EST: I
r1Jmm'/f&!; Ji{¡r IInfiy I
I
ity Cler I
First Reading September 17, 1996 I
I
Second Reading October 1, 1996 I
I
!
I
,
- 2 - Ord. No. 41-96 I
,
I I I I I I I I I
DAN BURNS ALLAMANDA DRIVE
OLDSMOBILE \ I I I
M~Lffi _ rl
PARK - n fJ I '"'
ED MORSE \ ~ ;¡ l' I Y r I I
Iu CADILLAC IX) ¡i
~ - 1--&,,- BANYAN DRIVE
¡: ----- .' \11 I
- . () GC . AVE. C r-
ef - DELRA Y ~ ] c I -
. I SHERWOOD - PALZA ::::::...- --r /1-" I I
....J. GMC TR - -
C'J) >- I ~ ¡:::: CYPRESS DRIVE
o I ~ 0( lðI \ I UDR
~ SHERWOOD =- \1-
_ PONTIAC ~ ..J _ / I I
BUCKY DENT'S ~ DOGWOOD DRIVE r-
BASEBALL SCHOOL ED MORSE c¡j
OSR l USED CARS .2 ~,
'- leD:
r ~DE:ll'S WAY - RaP /
-c . I - ^"'. F T ~
~~ . ~
Q: _ ~ l
- II: - '-
~ - ~
Z L TRANSPORTATION U; ; M DR/,
2 DELRAY - II~~~ í ( /
< TOYOTA ---i --W ~
~ ~~
- r lA-I.4A T A'Jr- E: · II fPI+- Y l!!........
- --":'c.NUE - '--- A z
:g - LA-MAT AVENUE B ~
2' r:J GC ~::::::1 /'
o ~ ~
() 11 == ~ ". GARDENIA DRIW
. >- 'I I == ~ \ I I
,^ W -< A\If'" ~
"'tI g MORSE ~ ,...:;:.: NUE H E
o SATURN!l m § / I I
::= I
-' f:::= HYACINTH DRIVE
~. ~ DUMAR t= \ I
R :DEVELOPMENT ::f PLAZA EASTVlEW :A
AREA -6 MOBILE t:! _ VILLAGE Ie¡ ~ L DR
~ HOMES / I
i- V1ARBOR CWE
- - IRIS DRIV
i- SHERWOOD I \ I
:- f HONDA __ ~ _.
'- A\IE /{ _ -.. TROPIC 0( IQi ,.
~ r:-::;:;::;;:' GC DELRAY VIEW ~- I~t
E ~~~~ ~OPMErf. ::: I SHOPPING ~f-- \ / I
r-- I j -0 CENTER JASMINE DRIVE
I I MOBILE HOMES _ '" I' ~
~ F.L.U.M. AMENDMENT FOR LEVY PROPERTY
Pt.^NNINC DEPI\I1MNT FROM: -TRANSITIONAL-TO: -GENERAL COMMERCIAL-
CITY or DURAY OEACH, rL
- - otGlfAl. lJASC IMP SYSTeM - - Io4AP REr: LM069
·
--.._.__..-_,._.~,_~_.._ __~'~"_'_._____,,_.c__..__...··_._..__·._____,~_.__ ,,_ __._____~._____.~_.______...,_. __,___ "__
Ii
I' ORDINM~$ 00. 42-96
I AN ORDINANCE OF THE CITY c::n.1MISSION OF THE CITY OF DELRAY
I BEACH, FLORIDA, REZONING AND PLACING LAND PRESENrLY ZONED
! POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM
i' (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRELY INIO AN
I S.A.D. (SPECIAL ACTIVITIES DISTRICT) ZONING
! CLASSIFICATION; SAID PROPERTY LOCATED OORTH OF AVENUE G
i AND SOUTH OF AVENUE F, EAST OF FEDERAL HIGHWAY (U. S. #1)
! AND WEST OF FREDERICK BOULEVARD, AS MJRE PARTICULARLY
i DESCRIBED HEREIN¡ PROVIDING A SAVING CLAUSE, A GENERAL
, REPEALER CLAUSE, AND AN EFFECTIVE DATE.
!
WHEREAS, the property hereinafter described is located in the City
of Delray Beach, Florida, and is known as the "Levy Property"; and
WHEREAS, the Levy Property has historically been used for
commercial motor vehicle related purposes, including sales, rental and
leasing of motor vehicles¡ and
WHEREAS, the property owner desires that the property be rezoned to
SAD to allow as permitted and principal uses the following: (i) vehicle
sales, rental and leasing with no service component, and (ii) vehicle wash
establishment and detailing, and the property owner has filed the appropriate
applications to accomplish the rezoning; and
WHEREAS, the City recognizes the unique history of this site as a
location for motor vehicle related business; and
WHEREAS, the property owner has worked with neighboring residential
associations to permit the above uses on the property, which the City and
said neighborhood associations have found is compatible with the surrounding
residential neighborhoods and will not create adverse impacts; and
I WHEREAS, the property owner has agreed to install a mitigating wall
: and landscaping along the western edge of the right-of-way for Frederick
i' Boulevard' and
i '
WHEREAS, pursuant to the Ci ty of Delray Beach Land Developnent I
Regulations, the Planning and Zoning Board acting as the Local Planning
Agency on August 19, 1996, held a public hearing on. the Levy rezoning
application and unanimously voted a recornmendation of approval of the request I
to the City Commission, subject to conditions; and
WHEREAS, the Planning and Zoning Board has determined and the Ci ty
Commission concurs, that the change in zoning furthers the objectives and
policies of the City of Delray Beach Comprehensive Plan.
,
.
_"__.~--.-- h<.,. _,., ._....~_. . ......._, ,'-.,. -, _.~. ~._._-~-~.~.._-_.~._~-_.,.-->-,. .-.'~.~_..~+_." -...----.,.--.-..-- .- --',.~..'--------'_.-.~---~'" ,-. --
- - -,~~.~, ---~~~ - ~-,.....- --.. . --_..",---~
I
NeXt{, THEREFORE, BE IT ORDAINED BY THE CITY CCM.fiSSION OF THE CITY
OF DELRAY BEACH, FIORIDA, AS FOI..I.æS:
i Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the S.A.D. (Special
Activities District) as defined in Section 4.4.15 of the Land Developnent
Regulations of the City of Delray Beach, to-wit:
Lots 1-5, inclusive, less the west 38 feet thereof, and
Lots 13-24, inclusive, in Block 24, DEL RA'ION PARK, and I
together with abandoned 10 foot alley lying east of Lots
1-5 (abandoned by resolution in O.R. Book 1754, Page 612)
and together with abandoned 10 foot alley east of Lot 23
(abandoned by resolution in O. R. Book 4053, Page 744), i
all in Block 24, DEL RA'IUN PARK, according to the Plat I
thereof as recorded in Plat Book 14, Page 9 of the Public i
Records of Palm Beach County, Florida (the "Levy
Property II ) .
The subject property is located on the east side of South
Federal Highway (U. S. Highway # 1), between Avenue F and
Avenue G¡ containing 1.086 acres, more or less.
Section 2. Principal Uses and Structures Permitted: That the uses
which are hereby approved as the permitted and principal uses for the Levy
Property pursuant to Section 4.4.25{B)(1) and shall collectively constitute
the SAD project for purposes of Section 4.4.25{C)(3) of the Land Developnent
Regulations of the City, are the following uses:
(1) Vehicle sales, leasing, and rental with no service component,
and
(2) Vehicle wash establishment and detailing.
Only one of the Principal Uses [(1) or (2)] may exist on the Levy
Property at anyone time.
Section 3. Accessory Uses and Structures: The following uses are
allowed when a part of, or accessory to, the Principal Uses:
(1) Parking lots for customers, employees, temporary storage of
vehicles awaiting vehicle preparation for delivery to customer or preparation
for display, and for the display of vehicles.
(2) Refuse and deli very/loading areas.
- 2 - Ord. No. 42-96
, I
. ,-._-~-_.^-- .. ~. "- _.~-~""---- .-....---...,. . --.-_._._.... .....- ....~.,~~- ,.... -" ".- -- .._..,-, -_._~~- -_.'- ~. -~<-~-~, .-. ~_. -.--..- '--,'--,. ,..-- .- -.-
---'--'- .....---.--.--- -¡
j¡
Ii (3) than vehicles
; Storage of inventory ( other which shall be
I outside) either wi thin the same structure as where the sale of goods occurs I
,
\ or in a separate structure on the same parcel provided that such storage
facilities are not shared or leased independent of the primary conunercial use
of the site.
(4) Vehicle preparation area.
Section 4. CUrrent and Future Site Plans. The Planning and Zoning
Board reconunended to the City Conunission approval of the Levy site plan
subject to conditions and with certain waivers. The City Conunission hereby
accepts said recommendation and approves the Levy site plan subject to the
conditions and waivers reconunended by the Planning and Zoning Board. The
developnent of and improvements to the Ilêvy Property shall be in accordance
wi th said approved site plan and attendant conditions, subject to review of
landscaping and elevations by the Site Plan Review and Appearance Board
("SPRAB"). The City Commission hereby makes the City's finding of
compatibility required in Section 2.4.5(F){5) of the Land Developnent
Regulations. The approved site plan referred to herein is the site plan
prepared by James A. Johnson, Architect, dated 8/13/96 as revised site plan
prepared by James A. Johnson, Architect, dated 8/27/96.
All amendments to the approved site plan and new site plan
submissions for either of the Principal Uses shall be subject to review by
SPRAB in accordance with the provisions hereof. If the City hereafter amends i
the Land Developnent Regulations to change the Board that reviews site plan
applications or rezoning applications, the applications which may be
submitted by the property owner of the Levy Property shall be submitted to
the newly designated Board instead of the Board named herein.
Section 5. Establishment and Vesting: The "SAD project" for the
purposes of vesting pursuant to Section 4.4.25(C){3) of the Land DeveI opnent I
Regulations shall include, collectively, both of the Principal Uses set forth \
in Section 2 above. After the approval of the pending site plan application I
for the Levy property to allow vehicle sales, leasing, and rental with no I
service component, the Levy property shall be vested for the SAD project, I
meaning for both of the Principal Uses set forth in Section 2 above, provided I
that, within 18 months (or such extended time period as may be approved by
the City) from the date that the site plan approval becomes final, ,
improvements representing twenty-five percent (25%) of the total cost of all
improvements to be used in developing the approved site plan have been
constructed.
i
,
I Section 6. Special Regulations: The following establishes special
developnent regulations specifically for this S.A.D. in addition to those
regulations as othex:wise provided in the City I s Land Developnent Regulations
("LDRs") .
¡ - 3 - Ord. No. 42-96
,
,
t
~--'. .-, - . ._---- ~ ~.," - . "-_.~'.. .-.-....-.-" --,~~- . ~ _.. ._. u -. _ ,-.- ,,- ,,~,--. _ -- .,- ,-,--'---.-., ~ _.- ~_._- ... --'-' +. .- --......-.
>--~----_.- .'_.~~~.._.,.-. .~...._,_.- ~ ----..--.
,
,
(A) Special Regulations
(1) The main entrance and exi t from the property shall be
placed on U.S. 1/Federal Highway.
(2) Secondary entrances/exits may be placed on Avenue G and l
Avenue F.
(3) A six foot high wall shall be constructed and maintained
along the west right-of-way line of Frederick Boulevard.
(4) The wall shall be appropriately landscaped and lighted.
(5) All utili ties shall be placed underground.
(6) All signage shall be reviewed and approved by the Site
Plan Review and Appearance Board (II SPRAB II) .
(7) The sale I lease, or rental of automobiles on the property
shall comply with the LOR Section 4.4.10(G), II Supplemental District
Regulations", of the AC (Automotive Conunercial) zoning district.
Section 7. That all ordinances or parts of ordinances in conflict
herewi th be, and the same are hereby repealed.
Section 8. That should any section or provision of this ordinance
or any portion thereof, any paragraph I 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 9. That this ordinance shall become effective immediately
upon passage.
PASSED AND ADOPI'ED in regular session on second and final reading
on this the 1st day of October , 1996.
ATI'EST: /,1y~
0IJMnW~,ß{;¡rlla*
C~ty Clerk
First Reading September 17, 1996
Second. Reading October 1, 1996
- 4 - Ord. No. 42-96
I
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6 SITE PLAN I :,: :
NORTH SCALE l' " 20' : I I I I
I I
I ' I I
I I
f I I I I t I I t
DAN BURNS ALLAMANDA DRIVE
OLDSMOBILE f-J. \ I I I
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PARK -- 31 n pi""
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- _____ :== r- BANYAN DRIVE .1..1
OS == \ I ·
---,' ·",VE. C :---
R ~ PC ;:::::J--~ Ie I ... ....
DELRA Y ::= == __
/ SHERWOOD PALZA == ==- 1 1-' I .....
.....l.. CMC TR - :- 1 III.
>- I ~ ;::::: CYPRESS DRIVE.
i -- ~ 131 \ I ,-
ï SHERWOOD -;:- ---.1 IJ- 1 I'W
." PONTIAC ~ \ -- / I I ,.
BUCKY DENT'S ~ ~ _ ~ DOGWOOD ORIVF ,.--
BASEBALL SCHOOL .
mMœ~ ~ ,
l __ USED CARS 2. C ~ "-
« r -.. ~E:LL'S WAY _iliA . T R 0 pi::::
; \
~ ~ R ,-
CD DELRAY 11~"rr AlvE' G g /
row~ ~
r LA-MAT AVEf,IUE - 1U' y ~0
~A-MAT AvENUE BAg
r-- !D
GC ~II q /
'-II :=:::! ~ "-
_ :,;: NIA RIVE
UJ _ >- u '/fJ 2= ~ [::Ç I I
- 0:( AVE W
~ MORSE ~ ~~NUE H e:
a ::c SII r ==1 _
SA TURN ~ t::::1L1.J ==1 t / II.!tI
-.J ~ HYACINTH · DRIVE
- ~ DUMAR t::: \ "M
::1 PLAZA EASTVlEW ~ ~
'- MOBILE t::! _ VILLAGE S ~ c::I
,...- HOMES I a I- I I'
r- A C PI" f1ARBOR CLUB ....
- 'L IRIS -_ DRIV
'- SHERWOOD I \ I- I
¡- I HONDA _ ~ ~I
i- A'Æ. /{ --... TROPIC «r-- - .
~ ~ DELRAY VIEW ~- / I -'
I-- . . ---=:::::: SHOPPING ~_
I-- I'---J I I C'C"N T£R JASMINE DRIVE
I J I I MOBILE HOMES c., /J _ , r--'
~ REZONING OF LEVY PROPERTY
I'L^NNING OEI'^RTU(NT FROM: -POD- & -RM- TO: -SAD-
CI!Y or OCLRA Y BE^CH. fL
- - DICIfAl. OA.W: IMP SYSTCM - - "^I' Hcr: '''OII'J
$[1
I
TO: DAVID T. HARDEN, CITY MANAGER
i1i"~ ~
THRU: 01 E OMINGUEZ, DIR
DEPARTMENjOF AN D ZONING
,.
FROM: J ,~y A. COSTELLO
R PLANNER
SUBJECT: MEETING OF SEPTEMBER 17,1996
SMALL-SCALE FUTURE lAND USE MAP AMENDMENT FROM
TRANSITIONAL TO GENERAL COMMERCIAL. AND REZONING
FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM
(MEDIUM DENSITY RESIDENTIAL) TO SAD (SPECIAL
ACTIVITIES DISTRICT) FOR THE lEVY PROPERTY.
I:::::::::i:::::::::;:i:::::)::::!i:!::::::::,::::::::::::::,:::::::,:::':,::::',,:,::::::::I§œ'IM:,::r~;111111I1:,:IE:':'IHI:::9IMI'IIJgl.I.:,,::::::::::::::L,'::!':::,,:::::::::',:::'1
The action requested of the City Commission is that of approval on
first reading of an ordinance changing the Future Land Use Map
designation from Transitional to General Commercial, and
rezoning from POD (Professional and Office District) and RM
(Medium Density Residential) to SAD (Special Activities District) for
the Levy Property.
The subject property is located on the east side of South Federal
Highway, between Avenue F and Avenue G.
t::::':::::::::::::::¡::':::,::::¡':~::::::::¡::':::::,:,::,,::::::::::,:::,::::::::::,'..::,:':.':;::,::':::'::::':'''j'':,::,:::::,:'::::,':::::::::i:::i:::;:'::::::::IIIIIII~lg'::::,:::,:":::"'::::::"·:::::,:·,::,::·::'::,",::::::::j'"i::::::::::,"':.:":::::,i:,'j""::.:,:":':::::j'::::j':::::,::',.:.:.,'::',::":,':'I
On October 5, 1992, Barbara and Stanley Levy, owners of the subject property
filed suit in the Circuit Court of Palm Beach County against the City of Delray
Beach to have the property rezoned for an auto related use. In order to avoid a
trial, the two parties entered into an agreement. On May 14, 1996, a Settlement
Agreement between Barbara and Stanley Levy and the City of Delray Beach
was executed which states that the applicant will seek approval to establish
City Commission Documentation
Meeting of September 17, 1996
Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for the Levy
Property
Page 2
either (I) vehicle sales, rental and leasing, with no service component; or (II) a
vehicle wash establishment and detailing, with no two uses being conducted at
anyone time. The City agreed to process a Future Land Use Map Amendment
and Rezoning to SAD (Special Activities District) with an attendant site plan,
which are now before the City Commission for action.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
t,::::::¡::::::::¡:¡::::::::::::::¡::::¡;¡:::;:::;:::;:¡:::::¡::::::::::::I.ø'f.I.:::IIÎ:;IIIJ.'~I::::IÎIIÎ:::IIÎ~IÎ;.mIÎI:::;;):::;:::;::¡::¡::::::::::::::',:';:',::,:,,:;,.:,:,,:~
On August 19, 1996, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. There was public testimony both in
support of and in opposition to the requests. Two property owners from the
Tropic Isles subdivision spoke in support of the requests. Sam Thorpe, realtor
representing George Paton the property owner just south and west of the Levy
Property, opposed the rezoning unless the same zoning is applied to his client's
property. After reviewing the staff report and discussing the proposal, the Board
voted 7-0 to recommend that the requests be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and LDR
Sections 2.4.5(D)(5) with conditions.
It is noted that a revised site plan has been submitted addressing the site plan
technical items listed in the staff report.
I:::::::::::::::::::::::::::'::::::::::;::::,:::,:·::::::;;:;,:,:,:::':':;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::11111111:111::111'II::::'::'::::::'::':':::::::::::::::::::'::::::::::::':,::::::::::::::::::':::::::';::,:::::::::::::::::::::;:::'::,1
By Separate Motions:
A. Recommend to the City Commission approval of the Small-Scale Future
Land Use Map Amendment from Transitional to General Commercial for
the Levy Property based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, and
policies of the Comprehensive Plan, that the potential benefits of the
development proposal outweigh the conflicts with Future Land Use
Element Policy A-2.4 of the Comprehensive Plan.
B. Recommend to the City Commission approval of the rezoning request
from POD and RM to SAD and attendant site plan based upon positive
findings with respect to Chapter 3 (Performance Standards), Section
City Commission Documentation
Meeting of September 17, 1996
Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for the Levy
Property
Page 2
2.4.5(0)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan
Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That the site lighting be reduced to comply with LOR Section
4.4.10(G)(6) (Lighting Restrictions) and a revised photometries plan
submitted;
2. That appropriate utility easements be provided for the water and sewer
mains within abandoned Frederick Boulevard;
3. That a cross-access easement or other manner to combine the lots
acceptable to the City Attorney be executed and recorded;
4. That the restrictive covenants for the Levy Residential Property lying
east of the subject property (Lots 11-19, Block 35 and abandoned
Frederick Boulevard), be executed, prior to issuance of any building
permits; and,
5. That the Resolution abandoning Frederick Boulevard be recorded.
Attachments:
CJ Letters of Support and Objection
CJ P & Z Staff Report and Documentation of August 19, 1996
CJ Ordinance by Others
·-_ _'_- __ .._- __ .. __. c....'" VI".... ~I' l'UlJlJa"". U,""II- I'fu""'~
~" ( r(
Tropic Bag ";~~J' ~ .èL
CONDOMINIUM A.."........EHT A..OCIATIOH C'Tt.. 1f96'
.", a. ,.. .
2101 PIoride llveI. . DHrt 8Hch . f:Ioñd. J3413 . '.. I'lt.
, "',
Phone: 272-'014
. AprU JO, 1996
Mayor Alperin ard Members of the Camd.ss1on
City Hall
100 N.W. 1st Avenue
Delray Beach, FL 33444
Be: Bev1fM or the settlement agreement for the Levy p~~y by Tropic Bay
Qxdcmini\.Iß Association
Dear Mr. MIayor and Members of t:he Conm1ss1on,
On February 7, 1995 at the request of Mr. Levy and with the consent of Tropic
Bay am Tropic Isle, the City Corrm1.ss1on voted to have the staff work out the lenos
of a settlement of the peming 11tigation with the ~s for the use of the property
to be for vehicle sales, rental, and leasing, with no se'Nice ccmponent; or as ð C:ð1"
wash ard detailing establishment.
Members from Tropic Bayard Tropic Isle met in early April to review the
settlenent agreement. OJr consent was subject to certain conditions and these
conditions have been addressed. A very significant provision relates to the deed
restriction ~!ch the Levys have agreed to in the settlemmt: agreement to place on
their property lying east of the east right of way line of Frederick Blvd. to restt'1ct
this property to residential use in perpetuity.
We apprec1 ate Mr. Levy meeting with our Association to receive the benefit of our
input. Mr. Levy has not only gone above am beyond merely requesting input but has
met with us on several occasions CNer the past two years (starting many ROnchs in
advance 'of the Ca1m1ssion meet.ing on Feb. 7, 1995) to be sure that our concerns for
developœnt of his property were being addressed as we thought appropriate.
'Ihe Settlement Agreenent includini Site Plan is the culmination of this
long process.
OUr Board of Directors have reviewed a r site I n
Settl eemen a ).S J.IOO wou agree t: your approve 0 same.
you or your cooperation in regard to this matter.
Sincerely yours,
~~--. ~~
Tropic Bay Cordaniniun Association
cc: Conmission Members
City Manager
Roger Saberson
<f . (. re-
TROFit ".
.
~
I J L ~
Civic AssocIation
P.o. 80x 2473
Delray eeach, Florida 33444 .
April 30, 199tS
M~yul' Alperin and lIembe¡'s ut thft CO/llmisa10n
(; 1t.y ff8 I I
100 N.N. .1.st Avenue
Delray Beach, FL 33~44
R~: Tropic rsle Civic Asanoi~ttoo App~uval ot the
Settlft~ent AKree"'~"t for tho Lovy property
Dear ~r. Mayur and MO/llbo~s of the Comm1~ston.
On Februar;y ." lØQ~ aL t.hv request of Mr. t.ev~ and with t.h~ consont, oC Tropic
D.y and Tropic !~le, th~ City Commi~~1on vot~d to have the staff work ou~ the
terlD~ ot (\ sell.lement. uf t.he pending l1t.lga.tion with t.ho I.e~ys for t.hft use of
&.1.0 pl:upert.y tor vp.h10 10 &a lea, rentftl Bnd loasing. wit.h no ~p.rvico component,
or vehiclo wa&h eßtablifthmont and ~et.ailing.
.. ,..
Yumburs trulD the Trop'C Isle Civio AssOcLaL1on met in ftarly April 1996 to
review thft selllo~ent agree/llftnt uropo~ed by Mr. Levy. Out' consent was subjeot
~o certain condition~ and these conditions have been addressed in the
$ut.LlulDtmt agreelDfmt. A very ~igniflnnnt prov1sion relates to tho provision
of ~ dc~d t~$Lrictiun whiçh the Levys havft agread to place on thft1r øropert~
1ucII.Led east nf I'rC'l"odlck Boulevard to rost.rlcl. this property to residential
U~ft in perpetuity.
we appreciate Mr. Levy'S effurt5 to meot with uS and rec~iv8 the benefit ot
our Input. Mr. Levy has Kone boyond merely r~Quosttng Input but ha3 met with
UH un several occasions over the PQ~L twu years to be suro that our concftrns
wore being addressftd.
1'evlewed Bnd .,e
.
Thank you Cot' ~ou" cuuperatlon 1n Tegard 1.0 t.his manner.
:f¿!f2tJL
President, Tropio Tsle CIvic Assootation
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August 19, 1996 .
"
City of Delray Beach
Jeff Costello - Planning Dept.
~ Sam Thorpe
Jack Lupo Realty, Inc.
Property in Del Raton Park
Block 24 Lots 6 thru 12 ,
owned by George Paton
We have asked Sam Thorpe ~o repres~nt ~a at the Zoning Board
Meeting with re£erence to File #96-20ð and 96-209.
We object to the zoning change unles$ we could be granted the
same ~ype ot relei! so that óur property could be zon&d
similar to the surrounding property.
George Paton ,-
~~ ".
...-... ....-.---, .--
P onuM-er.Ç'3"39?O
FeU '11/7- 3"/-- FaXf2-19~ 9" 5:3- 3??~
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: August 19, 1996
AGENDA ITEM: V.B.
ITEM: Future Land Use Map amendment from Transitional to General
Commercial, and Rezoning from POD (Professional and Office District)
and RM (Medium Density Residential) to SAD ($þèèial Activities District)
for the Levy Property, Located at the southeast comer of South Federal
Highway and Fladell's Way (Avenue F).
>-
~
G
!i DAN BURNS
OLDSMOBILE
GENERAL DATA:
Owner/Applicant......................... Stanley & Barbara Levy
Agents........................................ Roger Saberson & James Johnson
Location...................................... Southeast comer of South Federal
Highway and Fladell's Way
(Avenue F).
Property Size.............................. 1.086 Acres
Existing Future Land Use Map
Designation............ ..................... Transitional
Proposed Future-Land Use-Map - -
Designation..... .............. .............. General Commercial
Current Zoning............................ POD (Professional and Office
District) and RM (Medium Density
Residential)
Proposed Zoning........................ SAD (Special Activities District)
Adjacent Zoning................North: AC (Automotive Commercial)
East: RM
South: POD and RM
West: AC
Existing Land Use....................... A vacant used car dealership
(formerly Auto Ranch) and vacant
land. MORSE
SA TURN
Proposed Land Use.................... Establishment of vehicle sales,
rental and leasing facility, with no oJ
'< DUUAR
:5
service component, along with MOBILE e PLAZA
HOMES 0.:
construction of 900 sq.ft. building
addition, installation of parking and
associated landscaping. SHERWOOD
Water Service........................~...: Existing on-site HONDA
Sewer Service............................ Existing on-site. DnRA Y
MOBILE HOUES SHOPPING
CENTER
N
AV(NIJ( l
V_B_
.
.
.
1¡;;¡*¡¡;¡:f¡¡¡¡~:¡¡¡¡¡:¡m:¡::;:Iii::¡:~¡:~¡::¡~¡¡:j:i::::~:;~:;:::::¡::::::::,¡,':¡::~{::i:i§:¡J'!1:¡:¡¡¡¡¡¡~:f¡¥::§j¡¡§;:~¡;I¡g::¡~¡;\:~i¡~11H;:¡:~:¡::~:§:\~:::I¡jl:¡:m:::¡¡¡¡¡¡:¡¡::j::¡¡~¡¡¡::¡::¡¡:¡¡:¡::¡¡:¡:¡:i::¡¡::¡:¡:¡:¡:¡¡¡:::¡::::¡:~¡¡¡¡::¡¡t¡¡¡¡i:¡:::¡::~t:1
The action before the Board is that of making a recommendation
on a Small-Scale Future Land Use Map Amendment from
Transitional to General Commercial and rezoning. from POD
(Professional and Office District) and RM (Meëiiûm Density
Residential) to SAD (Special Activities District) with an attendant
site plan for the Levy Property, pursuant to Section 2.4.5(0).
The subject property is located on the east side of South Federal
Highway, between Fladell's Way (Avenue F) and Avenue G, and is
formerly known as the Auto Ranch used car dealership.
Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section
2.2.2(E), the Local Planning Agency (P & Z Board) shall review and
make recommendations to the City Commission with respect to the
rezoning of any property within the City.
~;~~.4::~1:¡¡~:~~1¡i~¡¡¡¡:¡¡~:¡~~:::¡i¡¡;]:¡l¡¡:~~¡¡¡;:~;::i:~;;¡I;~¡~.il:ïl\t!I~I:¡:B;I:g:I::::M:~~¡:!~::¡;;:¡i::;~:¡:li¡:!:¡::::~:¡:¡~~!!.~~1~1Iill.~lt111:~¡:
The subject property incorporates Lots 1-5, 13-24, the abandoned 10' wide alley
between Lots 1-5 and Lot 24, and the abandoned 10' wide alley between Lot 23.
and Lots 18-22, Block 24, Del-Raton Park Subdivision, consisting of 1.086
acres.
Prior to July, 1989, the subject property was in unincorporated Palm Beach
County. A portion of the property was occupied by the Auto Ranch used car
dealership which vacated the site prior to 1989. During the Enclave
annexations, the Planning and Zoning Board recommended approval of the
annexation and initial zoning for the property as part of Enclave 50 on June 19,
1989. At that time an alternative zoning for Lots 1-5 of either GC (General
Commercial) or SC (Specialized Commercial) was presented. ' The SC
alternative was advertised in anticipation of the property owner requesting to
retain the potential for auto related uses.
At the time the property was unoccupied and a staff recommendation for GC
was put forth, which was consistent with the then Commercial land use
designation. Subsequently, on July 25, 1989. the subject property was annexed -; o ,._-~'
into the City with the GC zoning designation, in part (Lots 1-5), and RM (Medium
to Medium High Density Dwelling) zoning designation, in part (Lots 13-24, and
abandoned alleys), as part of the annexations conducted via the Enclave Act
(via Ordinance No. 38-89).
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 2
With the adoption of a new Citywide Future Land Use Map on November 28,
. 1989, the Transitional land use designation was affixed to the subject property
(Lots 1-5, Lots 13-24, and abandoned alleys). Thus, the GC zoning on Lot 1-5
then became inconsistent with the underlying Transitio!,aJ Land Use Map
designation. In October 1990, Citywide rezonings were implemented to obtain
consistency between the Zoning and Future Land Use Maps. At that time. Lots
1-5 were rezoned from GC to PC (Planned Commercial) along with other
commercial properties abutting Federal Highway, directly to the south. while the
balance of the property remained zoned RM. However. the PC zoning
designation was inconsistent with the Transitional land use designation.
In February 1991. as part of the City's annual Comprehensive Plan Amendment
91-1. the owner of Lots 1-5 (Mr. Levy) sought a land use change from
Transitional to General Commercial. On April 22. 1991. the Planning and
Zoning Board recommended approval of the Future Land Use Map amendment
from Transitional to General Commercial. However. on April 30, 1991, the City
Commission denied the request. On July 9.1991. the City Commission initiated
a zoning change for Lots 1-5 from PC to POD (Professional and Office District)
or another zoning designation consistent with the Transitional land use
designation. The rezoning also included Lots 6-10, Block 24 (Paton property),
which were also previously utilized by the Auto Ranch dealership. and-Lots- 1-.;12-
and lots 26 and 27. Block 25 (Colombi property). which contained commercial
uses (i.e. insurance office, limousine service, pool/spa/diving supply retail use).
At its meeting of August 19, 1991. the Planning and Zoning Board
recommended denial of the rezoning from PC to POD, as the Board felt it was
more appropriate to amend the Future land Use Map to General Commercial
and increase the depth of the commercial properties to allow for a well-planned
commercial development. On September 10, 1991, the City Commission
approved the rezoning from PC to POD.
On October 5. 1992. Barbara and Stanley Levy, owners of the subject property
filed suit in the Circuit Court of Palm Beach County against the City of Delray
Beach to have the property rezoned for an auto related use. In order to avoid a
trial. the two parties entered into an agreement. On May 14. 1996. a Settlement
Agreement between Barbara and Stanley levy and the City of Delray Beach
was executed which states that the applicant will seek approval to establish -
either (I) vehicle sales, rental and leasing, with no service component; or (II) a - . ~-_.->
vehicle wash establishment and detailing, with no two uses being conducted at
anyone time. The City agreed to process a Future land Use Map Amendment
and Rezoning to SAD (Special Activities District) with an attendant site plan.
On July 3, 1996, a request for a Future Land Use Map amendment from
Transitional to General Commercial, and rezoning from POD and RM to SAD
.
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 3
(Special Activities District) with an attendant sketch plan were submitted and are
now before the Board for action.
. .:~~i~t~t{~í~fî1.í1.$~t.IiII]Îf.ªII.mB~I~§i.I~!B!tfmm~JfI~1~llm1~1t~t~~~_~1~ì~]
The proposal is to change the Future Land Use Map designation from
Transitional to General Commercial and rezone the property from POD
(Professional and Office District) and RM (Medium Density Residential) to SAD
(Special Activities District). The proposed permitted uses to be conducted on the
subject property, and the associated restrictions are as follows:
I.' Vehicle sales, rental and leasing. with no service component;
II. Vehicle wash establishment and detailing.
Only one Permitted Use may exist on the property at anyone time.
This development proposal is to establish a vehicle sales, rental and leasing
facility, with no service component, consisting of the following:
o Removal of the existing concrete fence on the east half of the property;
o Construction of a 900 sq. ft. building additlón to the east side of thè
existing 600 sq. ft. structure;
o Reconfiguration of the existing parking area and installation of a new
parking area on the east side of the property to accommodate a total
of 88 parking spaces, 46 of which are bullpen spaces, and a loading
area;
o Installation of site lighting throughout the site;
o Construction of Fladell's Way and Avenue G to City Standards, with a
turnaround area to be provided at the east end of Fladel/'s Way;
o Construction of a 6' high wall along the east, south, and a portion of
the west sides of the property; and,
o Installation of a dumpster enclosure and associated landscaping to - ~ _. ......,0.. .
meet code;
The proposal involves waiver requests regarding the right-of-way dedication
[LOR Section 5.1.3(0)(2)] and installation of a sidewalk [LOR Section 6.1.3(B)].
.,
· Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 4
~6~IJi:~I~¡1~1§fi~1il~~i(11fljgií'i.fJ¡§~tlf4~II~Wfllil~11Ii1liTitlif.f-IR~§lJjlî¡~¡
This Future land Use Map Amendment is being processed as a Small Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
[] The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
0 The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
0 The proposed amendment does not involve the same owner's property
within 200 feet of property granted a change within a period of 12 months.
The land use map amendment involves 1.086 acres, thus the total area is less
than the 10 acre maximum for nonresidential land uses. This amendment along
with other small-scale amendments processed this year will not exceed 60 acres.
This property has not previously been considered for a land use amendment nor
have any of the same property owner's properties been granted a land use
change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted.
Land Use Element Policy A-2.4 - Automobile uses are a significant land use
within the City and as such they have presented unique concerns. In order
to properly control these uses and guide them to locations which best
suits the community's future development, the following shall be adhered
to:
o Auto related uses shall not be permitted in the. CBD Zone District or ::
within the geographic area along Federal Highway which extends four .. ,,--f'.
blocks north and three blocks south of Atlantic Avenue.
[] Automobile dealerships may locate and/or expand west of Federal
Highway, or between the one-way pair system (except as restricted
above). Automobile dealerships may locate and/or expand east of
Federal Highway, only north of N.E. 6th Street, except within the area
Planning and Zoning Board Staff Report
levy Commercial Property - FlUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 5
lying east of Federal Highway north of N.E. 8th Street, or parcels
fronting on N.E. 8th Street (George Bush Boulevard), and south of the
north border of the Flea Market property. Within such excluded area,
automobile dealerships may not locate or expand~ '..New dealerships
shall not locate nor shall existing dealerships expand south of N.E. 6th
Street provided however, that automobile dealerships south of N.E. 6th
Street may expand onto adjacent property which is currently in an auto
related use and which is zoned to allow such use.
. [J Auto related uses which involve the servicing and repair of vehicles,
other than as a part of a full service dealership, shall be directed to
industrial/commerce areas.
The development proposal is inconsistent with this Policy, as the subject
property is located east of Federal Highway, south of N.E. 6th Street, and is the
establishment of a vehicle sales, rentals and leasing, on property which is not
currently zoned for auto use. However, LOR Section 3.1.1 (C)(Consistency),
states that a finding of overall consistency can be made even though the action
will be in conflict with some performance standards within Article 3.3 of the Land
Development Regulations, provided the approving body specifically finds that the
beneficial aspects of the proposed project outweighs the negative impacts of the
, identified points of conflict. Rezoning of the property to accommodate an auto
related use, which was the previous use of the property, will provide for the re-
occupation of and significant upgrades to a blighted property which has been in
disrepair for many years. Thus, at its meeting of May 5, 1996, the City
Commission determined that the positive aspects of the proposal outweigh the
negative impacts, and that the overall terms of the settlement agreement are
consistent with the Comprehensive Plan. It is appropriate for the Board to make
the same finding at this time.
Future Land Use Element Objective A-1 - Vacant property shall be
developed in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use
needs.
There are no special physical or environmental characteristics of the land that -
,.
would be negatively impacted by the proposed use. The property has been
disturbed and is partially developed with a 600 sq. ft. building and asphalt parking
area on the northwest portion of the property. The south and east portions of the
property are primarily vacant and are to be improved and utilized for parking
associated with the proposed vehicle sales, rental and leasing facility. The
proposed zoning of SAD is very specific with regard to the uses that may be
"
. Planning and Zoning Board Staff Report
levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 6
conducted on the property. The proposed SAD zoning and its potential uses of
(I) vehicle sales, rental and leasing, with no service component; or (II) a vehicle
wash establishment and detailing, will be complementary with the adjacent
commercial properties to the north, south and west, and ca.n '..be developed in a
manner that should not adversely impact the residential properties to the east.
The entire site is to be upgraded to meet current development standards, thus
the proposal will fulfill the City's need to eliminate blight on properties.
Future land Use Element Policy A-1.6 - To encourage redevelopment of the
City's Central Business District, Future land Use Map amendments to
Commercial designations in outlying areas of the City's Planning Area,
shall nòt be considered.
This Policy was intended to prevent large-scale planned commercial
developments such as shopping centers, which could house major retail tenants
that would compete with the downtown. The FLUM amendment is for a parcel of
land which is slightly over an acre and cannot support a large retail development.
The amendment is to accommodate auto related uses which are not permitted
within nor will they compete with the redevelopment efforts in the City's Central
Business District. Based upon the above, the proposal is consistent with this
Policy.
Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall
be limited and/or restricted in stable residential areas.
Based upon the proposed parking layout, access to the site will be taken
primarily from the driveway located on Federal Highway. Secondary access
points will be located on Avenue G and Fladell's Way (Avenue F). Fladell's Way
dead-ends just east of the site with no-access proposed from the residential
properties to the east. Avenue G provides access to the stable residential area
east of the subject property and intersects with Federal Highway, a commercial
corridor to the west. The majority of the traffic associated with the commercial
use, however, will access the site from Federal Highway and vice versa to exit
the site. Thus, there should be minimal traffic impacts on the stable residential
area to the east.
lAND USE ANAL YSIS: ~
,.
.
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.
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 7
The proposed General Commercial land use designation will allow the following
zoning classifications: GC (General Commercial), PC (Planned Commercial), AC
(Automotive Commercial), NC (Neighborhood Commercial), POC (Planned
Office Center), POD (Professional and Office District), RT (R~sort Tourism), CF
(Community Facilities), OS (Open Space), OSR (Open Space and Recreation),
and SAD (Special Activities District).
In conjunction with the Future land Use Map amendment to General
Commercial, a rezoning to SAD (Special Activities District) is being sought. The
, FlUM amendment to General Commercial and rezoning to SAD are being
processed concurrently to facilitate the establishment of a vehicle sales, rental
and leasing facility, with no service component, on the subject property.
Pursuant to lDR Section 4.4.25(A), the SAD zoning is deemed consistent with
any land use designation on the Future Land Use Map, including the proposed
General Commercial designation. Further, the uses allowed within a specific
SAD shall be consistent with the land use category shown on the Future land
Use Map. The proposed uses: (I) vehicle sales, rental and leasing, with no
service component; or (II) a vehicle wash establishment and detailing are
consistent with the proposed General Commercial land use designation. Based
upon the above, a positive finding can be made with respect to consistency with
the Future Land Use Map designation.
Adjacent land Use Map Designations. Zoning Designations & land Uses:
North: North of the property has a Future land Use Map designation of General
Commercial and is zoned AC (Automotive Commercial). The existing use of the
property is the Ralph Buick automobile dealership.
South: South of the property has a Transitional Land Use Map designation and
is zoned POD (Professional and Office District) and RM (Medium Density
Residential). The existing use of the properties are a vacant portion of the Auto
Ranch dealership (POD), vacant single family home and a duplex (RM).
~: East of the property has a Transitional land Use Map designation and is
zoned RM (Medium Density Residential). The existing use of the properties are
vacant land which currently owned by the levy's and a duplex. As part of the
Settlement Agreement, the levy property is to be restricted to residential use. -
- . ~. ..~ .
~: West of the property, across Federal Highway, has a Future land Use
Map designation of General Commercial and is zoned AC (Automotive
Commercial). The existing uses are J.D. Byrider used car sales, and a
commercial building containing an auto security business and two vacant bays.
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 8
Allowable land Uses:
Under the current Transitional FLUM designation, office and neighborhood
commercial developments (P~C, POD, RO, and NC) ar~ a.llowed as well as
residential zoning districts which accommodate single family and multiple family
units (R-1-A thru R-1-AAA, RL, PRO, and RM). A portion of the property is
currently zoned POD which allows business and professional office uses, and a
portion is zoned RM which accommodates residential uses.
Under the proposed General Commercial FLUM designation, commercial
developments are allowed in the following zoning districts: GC, PC, NC, AC, RT,
P~C and POD. The applicant has requested a zoning designation of SAD
(Special Activities District), which is to accommodate vehicle sales, rental and
leasing, with no service component; and, a vehicle wash establishment and
detailing. These uses are not considered high intensity commercial uses such as
gasoline stations, convenience stores, and fast food restaurants. Any requests
to provide additional uses, must be processed as a modification to the
Settlement Agreement and SAD ordinance, thus, requiring a public hearing with
final action by the City Commission.
land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional Land Use Map designation is applied to land which is developed, or
is to be developed, for either residential or nonresidential uses. In some
instances, this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows
the establishment of uses which are compatible with adjacent residential uses.
The proposed General Commercial Land Use Map designation is to be applied
to land which is, or should be, developed for general commercial PUrp9ses e.g.
retail, office, services.
The Federal Highway corridor is developed with primarily auto related and retail
uses. The adjacent properties to the south and east have a Transitional Land
Use Map designation, are zoned RM (Medium Density Residential) and POD
(Professional and Office District), and contain a vacant single family home, a
duplex and a vacant asphalt parking area, which was previously occupied by -
- ". "
Auto Ranch. Compatibility with the adjacent residential development has been
addressed through the proposed site improvements. There is a 6' high c.b.s.
wall proposed along the east, south and west property lines to separate the
subject property from the adjacent residentially zoned properties. Further, where
the subject property abuts the residential properties trees are to be provided
every 25' to form a solid tree line. However, there are concerns with regard to
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 9
the intensity of lighting adjacent to the residential properties. It appears that the
lighting within the display and bullpen parking areas, will exceed the maximum
100 foot-candles which is not permitted. While the display spaces may have a
maximum 100 foot-candles, they cannot exceed 50 foot-can..dles after 11:00 p.m.
Further, the bullpen spacés, which abut the residential property, cannot exceed
40 foot-candles at any time. Thus, the site lighting must be reduced accordingly.
While a plan has been submitted which shows potential illumination areas, a
photometries plan must be submitted which indicates foot-candle points,
including the maximum and minimum foot-candle point, average foot-candle per
minute as well as the maximum foot-candle per minute.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance' of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Water & Sewer:
0 Water service currently exists via a service lateral connection to an 8"
water main within Frederick Boulevard.
0 Adequate fire suppression is provided via an' existing fire hydrant at the
northwest comer of the site, adjacent to Federal Highway.
0 Sewer service currently exists via a service lateral connection to an 8"
main within Frederick Boulevard.
Pursuant to the Comprehensive· Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
Drainage:
A portion of the site is currently developed with a 600 sq. ft. building and asphalt
parking areas. Drainage is currently retained on-site site via an exfiltration
system. The proposal calls for the construction of a 900 sq. ft. building addition - ~ . - ........- .
and the installatiolJ Qf additional parking, which will sheet flow to proposed swale
areas. The FLUM amendment and rezoning will not negatively impact this
existing situation.
Planning and Zoning Board Staff Report
levy Commercial Property - FlUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 10
Traffic:
Under the current Transitional FLUM designation, the maximum development
potential would be 11,827 sq. ft. of retail generating 1,031 ayer.;3ge daily trips [NC
(Neighborhood Commercial) zoning]. However, with development under the
current POD office designation a maximum of 14,192 sq.ft. of office generating
321 average daily trips is possible. Under the proposed General Commercial
land use and zoning ~esignations, the maximum development potential would be
a 3,000 sq. ft. fast food restaurant generating 1,327 trips. Thus, the FLUM
amendment and rezoning have the potential to create a traffic increase.
However, the current development proposal is to establish auto sales, leasing
and rentals which will generate a total of 39 trips. A letter has been provided by
the Palm Beach County Traffic Division stating that the proposal is in compliance
with the Palm Beach County Traffic Performance Standards Ordinance. As
South Federal Highway is over capacity, any future proposal to establish a use
that has a greater vehicle trip generation rate than the proposed vehicle sales,
leasing and rentals facility, must be accompanied by a traffic impact study to be
reviewed by the Palm Beach County Traffic Division for compliance.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus,
" there will be no impact on this level of service standard.
Solid Waste:
Trash generated each year by the proposed commercial use would be equal to
or slightly greater than trash generated from the uses allowed by the applicable
zoning districts of the Transitional land use designation (pOC, POD, NC). The
development of these properties under the General Commercial land use
designation should not create an adverse impact on this level of service
standard.
:::·.it;~1~~\¡a¡~¡f!~~~~~~1~i.ili~f¡~~~j~~¡1:111~~~tl~~~111~1~11î!I;.ItI~'1iii~litll~ml~~~1f~~lk111i.1..$j¡I~¡
REQUIRED FINDINGS: (Chapter 3)
~
- . -~~
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 11
Concurrency, Comprehensive Plan Consistency and Compliance with the
land Development Regulations.
Future land Use Map, Concurrency and Comprehensivp Plan Consistency
were previously discussed under the Future land Use Map Analysis section of
this report. Compliance with respect to Compliance with the land
Development Regulations (Standards for Rezoning Actions, Rezoning
Findings) are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not
applicable. The applicable performance standards of Section 3.3.2 are as
follows:
(C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude reionings on land that at th~
time of rezoning has improvements on il Where existing strip
commercial areas or zoning exists along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The property is currently,developed adjacent to Federal Highway with the
south portion being vacant. The proposal aggregates additional land to
increase the property's depth and provide for a well-planned development.
While the underlying General Commercial designation allows for strip
commercial zoning, the proposed SAD zoning is to accommodate auto
related uses.
(D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that .. ...---.1:..
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The properties to the north, and west are commercial in character and are
zoned AC (Automotive Commercial). To the south and east is zoned RM
(Medium Density Residential) and POD (Professional and Office District).
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 12
Compatibility with the adjacent residential properties has been addressed
through the site development plans. As previously stated under the
Future Land Use Map Analysis of this report, there are regulations in
place for nonresidential uses adjacent to the reslde..ntiaI development
which require trees every 25 feet along with a wall or hedge to mitigate
impacts. However, there are concerns with regard to the intensity of
lighting adjacent to the residential properties.
It appears that the lighting within the display and bullpen parking areas,
will exceed the maximum permitted 100 foot-candles. While the display
spaces may have a maximum 100 foot-candles, they cannot exceed 50
foot-candles after 11 :00 p.m. Further, the bullpen spaces, which abut the
residential property, cannot exceed 40 foot-candles at any time. Thus, the
site lighting must be reduced accordingly. While a plan has been
submitted which shows potential illumination areas, a photometries plan
must be submitted which indicates foot-candle points, including the
maximum and minimum foot-candle point, average foot-candle per minute
as well as the maximum foot-candle per minute.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D){5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
-
The applicant has ,s~bmitted a justification statement which states the following: - #-..,-",
"This application is being filed pursuant to the Settlement Agreement,
dated May 14, 1996, entered into between the Applicant and the City of
Delray Beach. The Applicant is of the opinion that the zoning was
established in error and there had been a change in circumstances in the
area regarding the intensification of commercial/auto uses which makes it
.
Planning and Zoning Board Staff Report
Levy Commercial Property - FlUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 13
appropriate to allow the proposed use. The subject property is located
along the commercial corridor of S. Federal Highway. The subject
property is bordered along its entire north side by an existing automobile
dealership - Ralph Buick. Directly across Federal H~h:Nay vehicle sales,
leasing , etc. is the type of use that predominates the area. Furthermore,
the subject property has a long history of being used for vehicle sales,
rental and leasing."
Comment: Item "b" is the basis for which the rezoning should be granted. As
stated above, the Settlement Agreement between the Applicant and the City has
made the current zoning of POD (Professional and Office District) and RM
(Medium Density Residential) inappropriate. The rezoning is to allow vehicle
sales, rental and leasing, with no service component; and vehicle wash
establishment and detailing with no two uses being conducted on the property at
the same time. Under these circumstances, the SAD zoning is more appropriate
as the zoning is site specific and allows greater control of the uses that can be
conducted on the property, as well as the changes that can be made to the site
development plan. Approval of the SAD zoning will result in substantial
upgrades to the site, thus eliminating a blighted situation. The improvements
proposed in conjunction with establishing the SAD zoning will be an inducement
to the area and may encourage redevelopment and development of surrounding
properties. Based upon the above, it is appropriate to-establish the SAD zoning
for this property.
¡¡¡~~lj1~¡¡~¡¡¡¡¡~¡¡¡¡¡¡I¡;¡¡¡¡¡I¡¡¡;¡¡¡¡¡~~;¡¡~¡¡¡¡¡¡¡¡¡~~:¡¡¡~¡¡~¡¡¡::m:[:i:¡¡I¡¡~m¡¡¡¡IU¡:¡I.t¡¡¡§¡¡¡I¡¡¡;g¡¡¡I¡¡¡lj~¡Ñ¡:¡¡¡¡~¡¡Î¡¡¡Ñ¡~I¡~g~I¡¡§I!Jf.i§¡)~~¡~~¡~r¡~i¡¡~~¡f~¡¡¡¡~¡¡f¡~~¡¡¡m~~~¡¡¡ili~r~r¡¡¡¡¡¡¡¡¡¡¡¡~¡¡¡¡¡¡¡¡;¡:
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request. The site plan is being processed concurrentry with a
proposal to rezone the property to SAD (Special Activities District) to
accommodate auto sales, leasing and rentals, with no repair component.
Thus, the proposal is being reviewed under both the SAD and AC
(Automotive Commercial) zone districts, which ever is more restrictive.
Special Landscape Setbacks ~
-. .. ..-....
.
Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along
Federal Highway, a single frontage lot with a depth between 251' and 300'
requires a 20' landscape setback. As the average depth of the subject
property is 260', a 20' landscape strip is required and a 5' wide buffer
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 14
currently exists. The proposal is to remove existing asphalt and provide a
15 toot landscape buffer.
As the entire site is being upgraded to meet current sjaodards, the 20 toot
landscape strip is required. Existing auto dealerships along this corridor,
that have been through the land development process for limited site
upgrades have entered into an agreement with the City stating that upon
widening of Federal Highway the 20' landscape buffer will be installed.
However, these dealerships have extensive swale areas along their
frontage which give the perception of a 20 foot wide landscape buffer.
Along this property's frontage, there is a minimal swale area. While
increasing the landscape buffer to the required 20 teet will affect the
customer parking spaces, the parking and landscaping should be modified
to meet code.
Right-of-Way Dedication
Pursuant to Section 5.3.1 (D)(2), the ultimate right-ot-way widths tor both
Fladell's Way (Avenue F) and Avenue G is 60 teet and only 50 teet exists.
Thus, a 5 foot right-ot-way dedication is required. However, a reduction in
the required right-ot-way width may be granted by the bôdy having
approval authority ot the associated development application provided
that the reduction is supported by the City Engineer; that the full
dedication would constitute a hardship and all required impr.ovements will
be provided in a manner that will not endanger public safety; and, that
alternative provisions are made to accommodate those features which
would otherwise be accommodated within the right-ot-way.
The applicant has requested that the required right-ot-way widths tor both
Fladell's Way and Avenue G be reduced to 50 feet. The City Engineer
has determined that 60 feet of right-of-way is not necessary for either
street and that the required sidewalk can be accommodated within the
existing 50 feet of right-of-way.
Sidewalks
Pursuant to LDR Section 6.1.3(B){1), a 5 foot wide sidewalk is required .
along Fladell ~ Way and Avenue G. There are no sidewalks provided - .,' ..-A_
along either street. In conjunction with this proposal, the applicant will be
improving both Fladell's Way and Avenue G, to the east end ot the
property. While the applicant will be providing a sidewalk where the
subject property abuts Avenue G, the applicant has requested that the
requirement to install a sidewalk along Fladell's Way be waived. Pursuant
to Section 6.1.3(0)(2), where it is clear that the sidewalk system will not
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 15
serve its intended purpose the requirement for the sidewalks may be
waived during site plan or plat approval, provided the waiver request is
supported by the City Engineer.
0,
. '
As the Fladell's Way dead-ends just east of this property, providing a
sidewalk would not serve its intended purpose. Further, vehicle access to
the residential properties to the east is to be provided from Frederick
Boulevard, which dead-ends on the south side of the residential property.
Based upon the above, it seems appropriate to not require the installation
of the sidewalks with this development. Thus, the waiver request has
been supported by the City Engineer.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be
established around the perimeter of any property developed under the
SAO designation. Within the front and any side street setback, a 15 foot
setback area shall be a landscape setback area and no pavement shall
be allowed therein except for pedestrian ways and driveways which
provide access to the property and which are generally perpendicular to
the abutting street. This setback requirement has been met throughout
the site.
Dead-End Street and Cul-De-Sacs
Pursuant to LOR 6.1.2(B)(4), dead-end streets without the provision of a
turnaround are prohibited. Generally, a cul-de-sac shall be required;
however, in unique situ~tions where a cul-de-sac cannot reasonably be
accommodated either a "T" or "hammerhead" turnaround may be
accepted by the Local Planning Agency (Planning and Zoning Board) if
approved by the Fire Marshal. At the east end of Fladell's Way "a cul-de-
sac, which requires a minimum 90' diameter to the outer edge of
pavement, and 100' to the property line, cannot be accommodated as
only 50 feet of right-ot-way exists. As only two businesses will be utilizing
this portion ot FladeU's Way having minimal traffic, a "T' turn around is
proposed. The Fire Marshal has reviewed the request and approves the
use of a "r turnaround in this situation. .
-- " o. _"P~..·
Open Space .
The site currently contains minimal open space. Pursuant to LOR Section
4.3.4(K), within the AC zone district 25% of open space is required and
36.18% has been provided. The proposed landscape plan represents a
substantial improvement to the existing conditions.
'.
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 16
Parking
Pursuant to Section 4.6.9(C)(3)(f), automobile dealerships are required to
provide 4 spaces per 1,000 sq.ft. of total floor ar~a,. excluding indoor
display areas. Based upon the above, 6 spaces are required and 88 have
been provided, 48 of which are bullpen spaces. The display spaces are
provided to the north and west of the existing building. Of the 6 required
spaces, 4 spaces are designated for customer use and 2 for employee
spaces which complies with this code section.
Site Lighting
Site lighting was discussed previously in this report. In order to ensure
compatibility with the adjacent residences, the site lighting must be
reduced to comply with LOR Section 4.4.10(G)(6) (Lighting Restrictions).
A revised photometrics plan must also be provided.
Building Height
Within the SAD and AC zone districts, the maximum building height is 48
feet and the improved structure. will have a height of 18 feet. Thus, the
requirement has been met.
Site Plan Technical Items:
The following are items do not require specific action of the Board, however, the
items must be addressed with the submittal of revised plans.
1. While LOR Section 4.4.1 O(G)( 1 )( d) states that the proposed wall may be
located 5 feet from the property line, the section of wall adjacent to Avenue G
should be set back 5 additional feet (10 feet total), or designed in a manner
that will prevent any site distance problems.
2. The site plan must be revised so the head of the display parking spaces on
the north side of the site, coincide with the 15 ft. dimension, thereby providing
the required 15 ft. setback.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As : .. .._J<.
described in Appendix B, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 17
Section 2.4.5(F)(5) (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to
provisions of Chapter Three, the approving body must.:J11ake a finding that
the development of the property pursuant to the site plan will be
harmonious with the adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
As previously stated under the Future land Use Map Analysis of this report,
there are regulations in place where nonresidential uses are adjacent to
residential development that require trees every 25 feet along with a wall or
hedge to mitigate impacts. This proposal provides trees every 25 feet as well as
a wall and hedge. However, there are concerns with regard to the intensity of
lighting adjacent to the residential properties. In order to ensure compatibility
and meet code requirements, the site lighting must be reduced to comply with
LOR Section 4.4.10(G){6).
The proposed improvements which include landscaping, parking and building
upgrades will provide the upgrades necessary for a property that has been
neglected for many years. These improvements will enhance rather than
depreciate property values of the adjacent properties.
SAD Site Plan Modification Review and Approval Process:
Substantial changes to an SAD including increases in intensity, change of uses
etc. should continue to be reviewed by both the Planning and Zoning Board and
the City Commission. However, minor changes to SAD site plans should not.
Therefore, it is recommended that the Board remand any future modifications to
this site plan for this project to the Site Plan Review and Appearance Board
(SPRAB) for approval. In addition, language should be added to the SAD
ordinance specifying that future modifications which are not substantial and do
not deal with intensity or type of uses can be reviewed by SPRAB and processed
as site plan modifications.
Restrictive Convenants .
,.
As part of the Settiement Agreement, the levy's have agreed to record restrictive
covenants for the Levy Residential Property lying east of the subject property
(Lots 11-19, Block 35 and abandoned Frederick Boulevard), which will restrict
the use of the property to residential uses and their customary accessory uses.
This has been attached as a condition of approval of the rezoning to SAD and
attendant site plan requests.
Planning and Zoning Board Staff Report
Levy Commercial Property - FlUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 18
Abandoned Frederick Boulevard
Prior to the annexation of Enclave 50, which included the subject property and
properties to the east and south of the subject property, the Board of County
Commissioners approved the abandonment of a portion ofFiederick Boulevard
(via Resolution No. R-88-388), as a result of a Settlement Agreement reached
with the Levy's. This resolution has not been recorded. It is noted that there is
an existing water and sewer main within the abandoned portion of Frederick
Boulevard for which utility easements have not been provided. Also, the Levy
Residential Property consists of platted lots which do not have dedicated access
as a result of the abandonment and thus, are considered land-locked.
Therefore, legal access must be ensured by providing either a cross-access
easement or through another manner which is acceptable to the City Attorney
i.e. recorded Unity of Title. The provision of the utility easement and the cross-
access easement or other manner to combine the lots which is acceptable to the
City Attorney have been attached as a condition of approval.
The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board
If the rezoning is approved, the landscape plan and building elevations will be
reviewed by the Site Plan Review and Appearance Board.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
o Tropic Isle
o Tropic Bay
o Tropic Harbor ~
.... .'
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 19
:"' :, ::::~¡~f¡~~¡*¡~l;¡~~ft:j¡t¥1rtl~I¡~R¡~~§;¡i~~i~~§~~ll§~:N;¡I~M¡¡~lll:¡lwi¡~¡¡II~1Irl*I~It.§1J.!I~¡tjllll~INl~~llt~~
The FLUM Amendment, Rezoning to SAD and attendant site plan are being
processed in response to a Settlement Agreement between '-the Applicant and
the City of Delray Beach. While the proposal is inconsistent with Future Land
Use Element Policy A-2.4 of the Comprehensive Plan, a finding of overall
consistency can be made provided the approving body specifically finds that the
beneficial aspects of the proposed project outweighs the negative impacts of the
identified points of conflict. Rezoning of the property to accommodate an auto
related use, which was the previous use of the property, will provide for the re-
occupation of and significant upgrades to a blighted property which has been in
disrepair for many years. Further, positive findings can be made with respect to
Chapter 3 and Section 2.4.5(0)(5) (Rezoning Findings), that there has been a
change in circumstances which makes the existing POD and RM zonings
inappropriate. Positive findings can be made with the Land Development
Regulations provided the conditions of approval are met. The improvements will
represent a significant upgrade to a property that has been in disrepair and
should be an enhancement to the surrounding areas.
.~f.@¡~:¡:¡i¡~~~~:~~i~li!¡:¡íi¡f~¡¡:~:~f:¡I~ijl~¡¡J.iltw¡§¡¡!:IB~::I*¡rlUI¡¡§*~*¡I:ttmIUí.I:Iltlm¡~¡~¡~~¡¡U~:¡:~ti~lii*1f~f~*mililfi~¡*¡¡¡¡¡¡¡
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POD
and RM to SAD based upon positive findings with respect to Chapter 3
(Performance Standards) of the land Development Regulations, policies
of the Comprehensive Plan, and LOR Sections 2.4.5(O)(5)(b), that there
has been a change of circumstances which makes the current zoning of
POD (Professional and Office District) and RM (Medium Density
Residential) inappropriate.
C. Recommend denial of the Future land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POD
and RM to SAD based upon a failure to make positive findings with
respect to Future Land Use Element Policy A-2.4 of the Comprehensive
Plan, regarding the establishment of new auto uses east of Federal -:; ..'-.-0'. .
Highway, south of N.E. 6th Street on property which is not currently zoned
for auto use; Chapter 3 (Performance Standards) of the land
Development Regulations; and, LDR Section 2.4.5(0)(5).
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 20
By Separate Motions:
. .
4 ~
A. Recommend to the City Commission approval of the Small-Scale Future
Land Use Map Amendment from Transitional to General Commercial for
the Levy Property based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, and
policies of the Comprehensive Plan, that the potential benefits of the
development proposal outweigh the conflicts with Future Land Use
Element Policy A-2.4 of the Comprehensive Plan.
B. Recommend to the City Commission approval of the rezoning request
from POD and RM to SAD and attendant site plan based upon positive
findings with respect to Chapter 3 (Performance Standards), Section
2.4.5(0)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan
Findings) of the land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That the proposed permitted uses to be conducted on the subject
property, and the associated restrictions are as follows:
I. Vehicle sales, rental and leasing, with no service component;
II. Vehicle wash establishment and detailing.
III. Only one Permitted Use may exist on the property at anyone
time. . .
2. That the required 20 foot landscape setback be provided along
Federal Highway;
3. That the site lighting be reduced to comply with LOR Section
4.4.10(G)(6) (Lighting Restrictions) and a revised photometries plan
submitted;
4. That appropriate utility easements be provided for the water and
sewer mains within abandoned Frederick Boulevard; ~
-
.
5. That a cross-access easement or other manner to combine the lots
acceptable to the City Attorney be executed and recorded;
Planning and Zoning Board Staff Report
levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 21
6. That the restrictive covenants for the Levy Residential Property
lying east of the subject property (Lots 11-19, Block 35 and
abandoned Frederick Boulevard), be executed, prior to issuance of
any building permits; . "
7. That the Resolution abandoning Frederick Boulevard be recorded;
and,
8. That revised plans be submitted addressing the "Site Plan
Technical Items" identified in this Staff Report.
C. Approve a waiver to LOR Section 6.1.3{B){1) to not install a sidewalk
along Fladell's Way;
O. Approve a waiver to LOR Section 5.3.1 (D)(2) to reduce the required right-
of-way width for both Avenue G and Fladell's Way to from 60 feet to 50
feet, thus waiving the requirement for this property to dedicate 5 additional
feet;
E. Approve the utilization of a "r or "Hammerhead" turnaround rather than a
cul-de-sac at the east end of Fladell's Way, pursuant to the Fire Marshal's
recommendation.
Attachments:
o Appendix A
o Future Land Use Map
o Zoning Map
o Site Plan
This Report was prepared by: Jeff Costello. Senior Planner
Planning and Zoning Board Staff Report
. Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 22
A. Building design, landscaping, and lighting (glare) shall be such that
they do not create unwarranted distractions or blockage of visibility
as it pertains to traffic circulation.
Not applicable
Meets intent of standard __
Does not meet intent This Standard will be met provided the site lighting
illumination is reduced to comply with LDR Section 4.4.10(G)(6) (See
discussion on Pages 9 and 12).
B. Appropriate separation of travelways is made for vehicles, bicycles,
and pedestrians in a manner consistent with objective D-1 of the
Traffic Element.
Not applicable
Meets intent of standard .lL
Does not meet intent
C. Open Space enhancements described in Open Space and Recreation
Objective B-1, are appropriately addressed.
Not applicable
Meets intent of standard .lL
Does not meet intent
D. That any street widening associated with the development shall not
be detrimental upon desired character and cohesiveness of affected
residential areas.
~'
Not applicabt~ -2L - '. .
Meets interit of standard
Does not meet intent
Planning and Zoning Board Staff Report
Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and
Rezoning from RM and POD to SAD
Page 23
E. Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consi$tent with adjacent
development regardless of zoning designations. - ~
Not applicable .ll.
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed in a manner so that the future
use and intensity are appropriate in terms of soil, topographic, and
other applicable physical considerations; complementary to adjacent
land uses; and fulfills remaining land use needs.
Not applicable _
Meets intent of standard_X_
Does not meet intent
G. In order to provide for more balance demographic mix, the
development of "large scale adult oriented communities" on the
remaining vacant land is discouraged.
Not applicable --X
Meets intent of standard
Does not meet intent
-
.. .·....1.·
.
.
Agenda I tern No.: /0 ð.¡, /tJß /
AGENDA REQUEST
Request to be placed on: Date: September 25, 1996
XX Public Hearing
Regular Agenda
Special Agenda ---
Workshop Agenda 1996
Consent Agenda When: October I,
.Description of item (who, what, where, how much):
Authorization and approval to execute a contract to convey one City owned lot
for use as subsidy for an eligible applicant of the Delray Beach
Renaissance Program.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to execute the contract to convey
the City owned lot located at XXX NW 10th Avenue, as subsidy under the Delray
Beach Renaissance Program.
(Example: Recommend approval with funding from Special Events
Account No. OOl-3333-555-44.55)~
Department Head Signature:
,
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
--.... i/l^-/
Approved for agenda:~NO
Hold Until: . --
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
[1\
;:11/1
L
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement DirectoCfes
From: Dorothy Ellington, Community Development Coordinator .Q ~
Date: September 25, 1996
Subject: Conveyance of City Owned Lot/Renaissance Program
ITEM BEFORE THE COMMISSION:
This is to request approval to execute a contract to convey one City owned lot for use as subsidy
for Vuloria Trice, an income eligible applicant of the Delray Beach Renaissance Program.
BACKGROUND:
The City acquired this vacant property in October 7, 1994, at a cost of $8,500 to be used as a subsidy
in the affordable housing program. This property is located on Nouthwest 10th Avenue in the City
of Del ray Beach and legally described as:
The North 50 feet of Lot 1, Block A, West Side Heights, according to the records in
the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
in Plat Book 13, Page 61.
The value of the lot will be secured by the City Attorney-approved Promissory Note/2nd Mortgage
and recorded on record with the Clerk of the Circuit Court of Palm Beach County, Florida.
RECOMMENDATION:
Staff recommends approval to execute the contract to convey the above listed lot as subsidy
under the Delray Beach Renaissance Program.
10·S,
CONTRACT FOR SALE AND PURCHASE
PARTIES: The CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"),
of 100 N.W. 1st Avenue, Delray Beach, Florida 3.3444 (Phone: 407-243-7000) and
Vuloria Trice , ("Buyer"), of
XXX N.W. 10th Avenue, Delray Beach, Florida 33444 (Phone: )
hereby agree that the Seller shall s~ll and the Buyer shall buy the following real property ("Real
Property") and personal property ("Personalty") (collectively for Real Estate Transactions
attached ("Standard(s)") and any addendum to thi~ instrument.
I. DESCRIPTION:
(a) Legal description of Real Property located in Palm Beach County,
Florida: The North 50 feet of Lot 1, Block A, West Side Heights, according
to the Plat thereof, recorded in Plat Book 13. Page 61. Public Records of
Palm Beach County, Florida.
(b) Street address, city, zip, of the Property is:
XXX N.W. 10th Avenue, Delray Beach, Florida 33444
(c) Personalty:
II. PURCHASE PRICE: .................................... $ 81,376.00
(a) Deposit(s) to be held in escrow by Delray Beach CDC
in the the amount of $ 500.00
(b) Additional escrow deposit within days after Effective
Date in the amount of $
(c) Subject to AND assumption of mortgage in good standing
in favor of having an approximate
present principal balance of $
(d) Purchase money mortgage and mortgage note bearing annual
interest at 8 . 0 % (see Addendum) herein, in an amount of $ 58,500.00
(e) Other:Lot Conveyance $8,500, Subsidy award $6,400, $ 14,900.00
Secured by 2nd Mortgage/Promissory Note Attached
(f) Balance to close (U.S. cash, LOCALLY DRAWN certified or
cashier's check), subject to adjustments and prorations $ 7,976.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before , the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract
for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as originals. The date of this Contract ("Effective Date") will be the date when
the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or
(2) or (3»: (1) ~ a fixed, (2) _ 0 an adjustable or (3) o a fixed or adjustable rate loan
within ~ days after Effective Date, at an initial interest rate not to exceed 8.0 %,
tenu of 30 years and for the principal amount of $ 58,500 . buyer will
make application within 30 days after Effective Date and use reasonable diligence
to obtain the loan commitment and, thereafter, to meet the tenus and conditions of the
commitment and close the loan. buyer shall pay fill loan expenses. If Buyer fails to
obtain the commitment or fails to waive Buyer's rights under this subparagraph within
the time for obtaining the commitment or after diligent effort fails to meet the tenus and
conditions of the commitment, then either party thereafter by prompt written notice to the
other may cancel the Contract and Buyer shall be refunded the deposit(s).
V. TITLE EVIDENCE: At least days before closing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2»: (1) 0 abstract of title or (2) L title insurance commitment and,
after" closing, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on October 30, 1996 , unless extended by other
provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 12
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and tenus
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
2
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this
Contract):
a)O Coastal Construction Control Line Rider
b)O Condominium Rider
c)OForeign Investment in Real Property Tax Act Rider
d)O Insulation Rider
e)O FRAN A Rider
t)0 Other:
XI. ASSIGNABILITY: (CHECK(l) or (2»: Buyer (l)Omay assign or (2)Omay not
assign Contract.
X. SPECIAL CLAUSES: (CHECK (1) or (2»: Addendum (I)Dis attached OR (2)Dis
not applicable.
XIII. TIME IS OF THE ESSENCE OF TillS CONTRACT.
XIV. DISCLOSURES: Buyer 0 acknowledges or o does not acknowledge receipt of the
agency/radon/compensation and estimated closing costs disclosure. BUYER'S
INITIALS.
SELLER: BUYER:
City of Delray Beach, Florida BY:~ ~~
By:
Thomas Lynch, Mayor Print ame: >-e i 0... T'Y ,'c.. e..
ATIEST:
State of Florida
City Clerk County of Palm Beach
Approved as to Fonn: The foregoing instrument was
acknov.:le~ed before me thi~day of
S~~ ' 199&>bylJu lor'"o.... A.
--r ,I' C-L (name of officer or
3
agent, title of officer or agent) of
(name of corporation acknowledging), a
(state or place of
incorporation) 'corporation, on behalf of the
corporation. He/She is personally known to
me or has produce<lDLJ,£.:~ \lçW-~t-{J-lÞto7-0
(type of identification) as identification and
~,\.,.y "IJ~ did ( did not) take an oath.
.~ KRISTINWlnOS\SON '
* * "'~ccaø417~ . L L)' J.
".~ Expires Sep. 06. 1908 1-L Á ..QA.xl..ß\/\...;
'fftOFf\.' ALl /
19nature of Notary PUbliC~
State of Florida
Deposit(s) under Paragraph II recCived. ~ OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: Œscrow Agent)
By:
4
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: City of Delray Beach
BUYER: Vuloria Trice
PROPERTY ADDRESS: XXX N.W. 10th Avenue, Delray Beach, Florida 33444
IXV. SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
H. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however; on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that ,the Withholding Document furnished by Seller is false, as detennined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
detennination is made regarding said application at which time said amount shall be disbursed in
accordance with said final detennination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the am"ount of additional cash necessary to
5
satisfy the withholding obligation. In the event Buyer detennines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so· withheld and report such
infonnation as required under the Regulations to the Internal Revenue Service.
ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS
D AND N:
The parties hereby agree that the time periods for the inspections referred to in Standard D and
Standard N shall be modified to be made within seven (7) days .from the· effective date of this
Contract. In addition to the rights provided to Buyer in Standard Dand Standard N, if, for any
reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right
to notify Sellcr in writing of Buyer's election to tenninate this Contract within said seven-day
inspection period and receive the return of all deposits made hereunder.
-
6
STANDARDS FOR REAL EST A TE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract finn (if
not existing then certified as correct by an existing finn) purporting to be an accurate synopsis of the instruments affecting title
to· Real Property recorded in the public records of the county wherein Real Property is located. through Effective Date and which
shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this
transaction the abstract shaIl become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully
paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of
the deed to Buyer, an owner's policy of title insurance in the amount of the purëhase price, insuring Buyer's title t9 real property,
subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shaIl be discharged by
SeIler at or' before closing. SeIler shaIl convey a marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in, Contract. Marketable title shaIl be detennined according to applicable Title Standards adopted by
authority of The Florida Bar and in accordance with law. Buyer shaIl have 30days, ifabstract, or 5 days, if title commitment,
from date of receiving evidence of title to examine it. If title is found defective, Buyer shall; within 3 days, notify SeIler in
writing specifying defect(s). If the defect(s) render title unmarketable, SeIler will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing which Buyer shaIl have the option of either accepting the title as it
then is or demanding a refund of deposit(s) paid which shaIl immediately be returned to.Buyer; thereupon Buyer and SeIler shaIl
release one another of all further obligations under the Contract. SeIler will, if title is found unmarketable, use diligent effort to
correct defect(s) in title within the time provided therefor, including the bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and
mortgage note to SeIler shaIl provide for a 30 day grace period in the event of default if a first mortgage. and a 15 day grace
period if second or lesser mortgage; shaIl provide for right of prepayment in whole or in part without penalty; shaIl not pennit
acceleration or interest adjustment in event of resale of Real Property; shaIl require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note. and security
agreement shall be otherwise in fonn and content required by Seller; but SeIler may only require clauses customarily found in
mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks
located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at SeIler's
option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a baIloon mortgage, the
final payment will exceed the periodic payments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time all owed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified by a registered Florida surveyor.' If survey' shows encroachment on Real Property or that
improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have
Real Property inspected by a Florida Certified Pest Control Operator to detennine if-there is any visible active tennite infestation
or visible existing damage from tennite infestation in the improvements. If either or both are found, Buyer will have 4 days
from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a
licensed builder or general contractor. SeIler shall pay valid costs of treatment and repair of all damage up to 2% of purchase
price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of
contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event
Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of
the purchase price. "Tennites" shaIl be deemed to include all wood destroying organisms required to be reported under the
Florida Pest Control Act.
D. INGRESS AND EGRESS~ SeIler warrants and represents that there is ingress and egress to the Real Property sufficient for
the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written .leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and
security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same ¡nfonnation shaIl be
furnished by Seller to Buyer within that time period in the fonn of a SeIler's affidavit, and Buyer may thereafter contact tenants
to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
7
G. LIENS: Scllcr shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been
no improvements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been
improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such
general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs
which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this
Contract.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or
other closing agent designated by Seller.
I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or
national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall
extend to 5:00 p.m. of the next business day.
J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, aSsignments of leases,
tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage
note, security agreement, and financial statements.
K. . EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary
stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if
assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by
prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be
prùrated based on the current year's tax with due allowance made for maximum allowable discount, homestead and òther
,exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available,
taxes will be prorated based upon such assessment arid the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of
closing which improvements were not in existence on January I st of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an infonnal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not
as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement
has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified
and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public
body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling,
roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water
damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machineI)' are in
WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida
license person dealing in the construction, repair or maintenance of those ite~s and shall report in writing to Seller such items
that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not
less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be
deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up
to three percent (3%) of the purchåse price for such repairs or replacements by an appropriately Florida licensed person selected
by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect
to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to
closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for
inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and
shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of
property prior to closing in order to conlìrm compliance with this standard.
8
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three
percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as
is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of
canceling Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would
render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's,
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If
Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of
the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely, cure
the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special
warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to
any intervening defect except as may be-available to Buyer by virtue of warranties contained in the deed. If a portion or the
purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place,
time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this
Contract. Seller shall have the right to rèquire ûom the lending institution a written commitment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The" escrow and closing
procedure required by this Standard may be waived if title ,agent insures adverse matters pursuant to Section 627.7841, F.S.
(1989), as amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to
deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities
under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of
the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties
concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items
previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or
in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs
incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contrac~ the prevailing party in such litigation which, for
the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker
or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of
all deposit(s», the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in
equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be
recorded in any public records. 1:his Contract shall bind and inure to the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney
for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or
guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise
9
accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject
only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless
included in this Contract' No modification or change in this Contract shall be valid or binding upon the parties unless in writing
and executed by the party or parties intended to be bound by it
.' , ¡
.. W. WARRANT~:"ßeller.'warrailts that there are no facts known to Seller materially affetting the value of the Real Property "
" ',', . .
which are not readily'observableby..auyer or which have not been disclosed to Buyer. t
" '
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NOTICE OF INTENT
TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has detennined to sell the
following described property:
The North 50 feet of Lot 1, Block A, WESTSIDE HEIGHTS, according to the
Plat thereof, recorded in Plat Book 13, Page 61, in the Public Records of Palm
Beach County, Florida.
The sale of the property is for public purpose pursuant to a contract entered into between the City
of Delray Beach and Vuloria Trice. For further infonnation, as available, may be obtained from the
City Manager's Office in City Hall located at 100 NW 1st Avenue, Delray Beach, Florida 33444.
The City Commission of the City of Delray Beach, shall hold a public hearing on the proposed sale
at their regular meeting of October 1, 1996, at 7 :OOpm in the City Commission Chambers, City Hall.
- ,
MEMORANDUM
To: Alison MacGregor-Hart. City Clerk
Thru: Lula Butler, Community Improvement Directo®
From: Dorothy Ellington, Community Development Coordinator 139
Subject: Sale of One City Owned LotJRenaissance Program
Date: September II, 1996
Please publish the attached articles in the September 17th and 24th issue of ~
News. The Community Development Division would like an Affidavit of
Publication along with a copy of the published article for our records.
If you require additional information or if clarification is needed, call me at ext.7282.
Thank you for your assistance.
c (! / A ¡'SDfL
t
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w......... ..-.rTf
'1IOTlCE IS HEREBY GIVEN, 1tIIt 1tIe
( y 01 DllrIY Belch, F_, IllS "..
tInn/nod III 1111 1tIe IoIIowInIi "..
... IRpII1y:
;1IIt IIDr1tI !II feet 01 ~ 1, BlOck A.
WESTSIDE HEIGHTS. ICCIIdInQ 10
-. PIlI ..., _ In PIlI _
.. hge ". In 1tIe ",*,Ie Reaom 01
'*' _ COUnty. F_.
¡"'" .... 01l1li -'Y Is rw .,Ie
;~ ....- 10 I ......1CI1ftIIrecI
, .. ..... l1li Ctry 01 DeIrIy Belch
..., YuIoriI Trict, For _ 1nIor·
I >IIIItIII. . mIIIbIe, _ lit abIIioed
..... lit Ctry -.-.. 0IIIce In Ctry
..... Iatod II III NW 111 A_,
IlllrayBelcll,F_ 34 .TlltCtry
CIIMIIIIIon III 1111 City III DtlrIY
..... l1li11 IDIcf I '*" _1nQ an
... ..-cI IlIe II 1IIIir "",1Ir
\' ~ an ~ 1."" 117:tO I !I
In tile CIty ~ CIIImIIon.
I CIty HIli.
NllIIII: s.,r, 11 U'. I9H
fto_
M rm45
,
(C.. fl 115ðlL
II011CI Of' IrTIIn'
1II111.L IlIA&. JIIIOIIEIITY
NOTICE is HEREBY GiVEN, 'h., 'he
City of Oelr.y B"ch, Floria., h.. a..
termined to sell the following a..
scribee! pro Ol'ly:
The NOI!h so feel of Lof 1, Block A,
WESTSIDE HEIGHTS, accoraing '0
the Pia' thereof, recorded in PI., BOOk
13, Page 61, in the Public Recora. of
Palm B..ch County, Florida,
The sale of the property i. lor public
purpose pursuant to a contract entered
Into ~n the City of Oel"y Btach
anø VUloria Trice. For further infor.
mation. as avai 'þle, may be obtained
from the City Manager's Office in City
Hall Ioc.ted ., 100 NW l.t Av.nue,
Oel"y B.ach, Florid. 33444, The City
Commission Of the City of ()eo/ray
Beach, .hall hold a public hearing on
the proposed sal. a' their regular
meeting on October 1, 1996, .t 7:00 pm
in the City Commíssio.'1 Chambtrs,
CltyH.II,
PUbIi.h: Sept, 18& U, 1996
The News
Ad/379425
· .
Agenda I tem No.: /08/
AGENDA REQUEST
Request to be placed on: Date: September 25, 1996
Regular Agenda
Special Agenda --
Workshop Agenda 1996
xx Consent Agenda When: October 1,
.Description of item (who, what, where,
Authorization and a roval to issue subsidy the
Delray Beach Renaissance Program tota ing
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Funds are to awarded from HOME Investment Partnership
Program dollars.
HOME Total, $6,511.15
(Example: Recommend approval wi from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds) :
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
/-- {7'\
Approved for agenda: ~}NO
Hold Until: ' -
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved / '"
~ - ~<~/1
1--...'
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director 'fI.fJ
From: Dorothy Ellington, Community Development Coordinator B ~
Date: September 25, 1996
Subject: Renaissance Program Subsidy Recipients
ITEM BEFORE THE COMMISSION:
City Commission authorization and approval to issue subsidy to one eligible applicants under the Delray Beach
Renaissance Program.
BACKGROUND:
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on
January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the
Community Redevelopment Agency, the Community Financing Consortium, the Federal Horne Loan Bank of Atlanta
and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition/rehab beginning October I, 1995 through September 30, 1997.
The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing
Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and
infonnation on fmancial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and
a comprehensive glossary of real estate tenns.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant
to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than
$15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater
than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION:
Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following
property:
*Lot 1, Block A, West Side Heights / $6,511.15
/0· f3. I .
~ . ..'.
DELRA Y BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION XX CENSUS TRACT 68.02
NAME Vuloris Trice
RPERTY ADDRESS XXXN.W. 10th Avenue. Delray Beach
LEGAL DESCRPTION Lot 1. Block A. Town of Delray
% OF AREA MEDIAN HOUSEHOLD INCOME 45 # IN HOUSEHOLD -±-
COST OF HOUSE .$..69.450 COST OF LOT $8.500 CLOSING COSTS $3.528.15
TOTAL TRANSACTION $81.487.15
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 58.500 CFC Bank
RATE 8.00%
LTV 75.00%
SECOND MORTGAGE $ 6.511.15 City of Delray. HOME
$ City of Delray. SHIP
$ CRA of Delray
$ Housin~ Authority
THIRD MORTGAGE $ 4.000.00 Federal Home Loan Bank
GRANT $ 8.500.00 City Lot Conveyance
CITY PERMIT W A VIERS $ 1.100.00
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 500.00
Paid at closing $ 2.071.00
TOTAL TRANSACTION $81.487.15
·
MEMORANDUM
'10: MAYOR AND CITY CCMMISSIONERS
FRQ.!: CITY MANAGER í,fJv\
SUBJECl' : AGENDA ITEM # ól A - REGULAR MEETING OF c::x:'IOBER 1, 1996
RECONSIDERATION OF ORDINANCE 00. 34-96 ON FIRST READING (LAVER IS
ooRTH SAD)
DATE: SEPTEMBER 27, 1996
This is before the Commission for reconsideration of Ordinance No. 34-96 on
first reading. It was previously considered on September 3, 1996, at which
time the motion to approve on first reading died for lack of a second. On
September 17, 1996, the Commission, by motion, voted to reconsider the
matter (3 to 1 vote, with Mayor Alperin dissenting).
Ordinance No. 34-96 modifies the Laver's North Special Activities District
(SAD) by amending the master developnent plan to formally incorporate the
temporary sales and reception building as a permanent structure on the
site. The building in question is located on the south side of the
developnent, adjacent to Egret Circle. It was builtin 1981 as a temporary
sales complex and was to be removed once the meeting rooms, restaurant and
lounge associated with the tennis club were constructed. These
improvements have since been eliminated.
The building had been occupied by a tennis school and used as a sales
office, but is currently vacant. It was vandalized earlier this year and
severely damaged. Repairs were started but were stopped by the Building
Deparbnent because no permit had been issued. Since the structure is
technically shown as a temporary building and was not indicated on the
master developnent plan, a permit cannot be issued without first obtaining
formal approval.
The Planning and Zoning Board reviewed this matter at public hearing on
August 19, 1996, and voted unanimously to recommend that the request be
approved based upon positive findings, and subject to the following
conditions:
(1) '!hat upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by The
Vinings;
(2) The "Site and Landscape Plan Technical Items" identified in the staff
report be incorporated into the parking lot improvement plans;
(3) '!hat a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking
lot; and
(4) '!hat the street lights throughout the Laver I s North developnent be
illuminated.
Recommend approval of Ordinance No. 34-96 on first reading, based upon and
subject to the Planning and Zoning Board's recommendation. If passed, a
quasi-judicial/public hearing will be scheduled for October 15, 1996.
ref: agrnemo15 ¡;~ 1/&/. ~,)
¿m¡;<.¡o,e, ¡)ISSE/7 //9
,.
I
ORDI~ 00. 34-96
, .AN ORDINAN:E OF '!HE CITY (XM.ITSSIœ OF THE CITY OF
¡ DELRAY BEACH , FIDRIDA, AMENDING THE LAVER'S OORTH
. SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY
I ORDI~ 00. 65-80, AND AMENDED BY ORDINAæE NJ. 21-95,
BY AMENDIlG 'mE APPROVED MASTER DEVELOPMENT PLAN OF
RECORD 'It> FORMALLY INX>RPORATE '!HE TEMPORARY SALES AND
I RECßPI'1œ BUILDING AS A PERMANEN!' STRUCTURE ON THE SITE
I PLAN FOR THE DEVEWPMENT ¡ PROVIDING A GENERAL REPEALER
¡ CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, an application has been received for a modification to
the SAD (Special Activities District) . established by Ordinance No. 65-80, as
, amended by Ordinance No. 21-95, to allow the temporary sales and reception
! building to be made a permanent part of the approved site plan of record for
the Iaver's North developnent, to accanrnodate a tennis sChool/academy; and
i
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board held a public hearing and considered the subject matter at its meeting
of August 19, 1996, and voted unanimously to recanrnend that the request be
approved¡ and
I WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
I and Zoning Board, as Local Planning Agency, has determined that the change
is CŒlsistent with and furthers the objectives and policies of the
! Canprehensi ve Plan.
,
I
I
, to\', THEREFORE, BE IT ORDAINED BY THE CITY (XM.ITSSION OF THE CITY
,
,
: OF DELRAY BEACH, FWRIDA, AS FOLIæS:
I
Section 1. ~t the Master Developnent Plan for the Iaver I s North
SAD (Special Activities District) is hereby amended to make the existing
i 4,000 sq. ft. I temporary I sales canplex building a permanent structure to
! acCClllllOdate a tennis academy (International Tennis Resort) and sales office
I associated with the Laver I s North developnent, as reflected on the approved
site plan of record dated April 28, 1995.
,
,
,
/ Section 2. That all ordinances or parts of ordinances in conflict
I
, herewith be, and the same are hereby repealed.
i
I Section 3. ~t should any section or provision of this ordinance
,
\ or any portion thereof, any paragraph, sentence or word be declared by a
¡
i court of canpetent jurisdiction to be invalid, such decision shall not
I affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
¡
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I --.- -, -. -.- j
I Section 4. '!bat this ordinance shall becane effective imnediately
upon passage on second and final reading.
PASSED AND ADOPrED in regular session on second and final reading
on this the day of , 1996.
!
MAYOR
A'ITEST:
I
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,
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TO: DAVID T:.. HARD~ITY MANAGER
THRU: ~G Z.·~~~~
DEPARTM T OF LAN AN ZONING
P
FROM: Y A. COSTEllO
R PLANNER
SUBJECT: MEETING OF SEPTEMBER 3, 1996
APPROVAL OF A MODI FICA TION TO THE LAVER'S NORTH
SAD (SPECIAL ACTIVITIES DISTRICT). lOCA TED ON THE
NORTH SIDE OF EGRET CIRCLE. WHICH IS SOUTH OF
LINTON BOULEVARD, BETWEEN S.W. 4TH AVENUE AND S.W.
10TH AVENUE.
1:¡~~IjI~:¡¡:[\¡:::¡¡¡¡¡¡:¡¡¡¡[::i::¡::¡¡:¡::::::::::::[¡:¡::::::¡[:::¡::::::':::::ÎgT~~N,I§~ºiì¡¡;I':,IEm¡::llìll~ÎII,IN,:,,'¡:[:[::::::,::::::;:¡::::¡::::::¡:':¡::::¡¡::::¡¡::;::::¡:¡:::,'¡:¡:¡:i:[::,:",::'f
The action requested of the City Commission is that of approval of
an amendment to the SAD (Special Activities District) for Laver's
North, pursuant to LOR Section 2.4.5(0). Because the modification
involves a technical change to the master development plan, it
must be processed as if it were an amendment to the SAD
ordinance.
The subject property is located on the north side of Egret Circle,
which is south of Linton Boulevard, between S.W. 4th Avenue and
S.W. 10th Avenue, within the SAD (Special Activities District) zone
district.
Jil1i¡~:it¡:¡!:!¡~:i::!¡:::¡::i!:::iii:¡:'::::::¡::::::,::!'::::!::::::i!!:'::::::::::::::¡:i':::'::!:i:i::::::¡:ii:i:::!:i::::!!:':i¡¡:¡i.:i:i:i!i:!:::i'!::::::::BI'l<IBlllì';:i::¡¡I::!¡:!i!::ii:::::!:i:i:i:!:!::::::::::i¡::::::¡:i;¡,:¡:::::i:i!!:'!!:'iI:¡iII::::¡:i:iiii:::::!i!::ii:::::!;i!;!!::::!i:!!i!¡!!;::::::!,::'!:::::'::::::I
In 1981. a 4,000 sq.ft. "temporary" sales complex for the condominiums and
time-shares was constructed on the south side of the Laver's North
development, adjacent to Egret Circle. The "temporary" sales complex was to be
removed once the meeting rooms, restaurant and lounge associated with the
tennis club were constructed. These improvements, however, were eliminated
City Commission Documentation
Meeting of September 3, 1996
Modification to the laver's North SAD Master Development Plan
Page 2
when the SAD was modified in 1995. The structure was occupied by a tennis
academy/school (International Tennis Resort) and utilized as a sales office
associated with the Laver's North development but is currently vacant. Earlier
this year, the building was vandalized and the restrooms were severely
damaged. The applicant started to repair the facility without proper permits and
was issued a violation notice by the Community Improvement (Building)
Department. As the structure has been represented as a ''temporary'' structure,
and was not indicated on the master development, a building permit could not be
issued without first obtaining formal approval for the structures.
The development proposal is to amend the approved master development plan
of record to make the existing 4,000 sq. ft. "temporary" sales complex building, a
permanent structure to accommodate a tennis academy (International Tennis
Resort) and sales office associated with the Laver's North development.
~\i~¡\~~:j:j¡¡~:::::¡¡J.Il¡:j¡l¡:l¡~:;¡¡¡:i:::;¡¡:¡::j:::l:~::I.I,B'~Î;:¡,IRg:IIM~lg,::gQìßg::ÎIII'ÎI.BIi~gl,::::::,'::::::i¡ll:::¡::l:\j:::::ll:::::l:¡::¡::~::::::::I:::':::::it
At its meeting of August 19, 1996, the Planning and Zoning Board held a public
hearing regarding the request. There was one member of the public that spoke
in favor of the request, and no one spoke in opposition to the request. After
reviewing the staff report and discussing the proposal, the Board voted 7-0 to
recommend that the request be approved based upon positive findings with
respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to conditions listed in the staff report.
~::~\f~!~i:j:¡j;:¡¡¡:l::'::;l::::¡::;::::::::;:::,;:::::¡:::::::::::):il:l;,::.:¡::"j'::l:)::;'::'¡:::':::::::,,',',:¡:¡:¡Bî.;gÎIMI,Î@Îg·III.:':':":,,:·::¡:¡::i:::':::::::¡::i:¡¡::¡::::j::::",:,i:',l:¡:¡j:,::¡j::ilji:¡:::::¡j:::l¡':::,:::;':j:::¡::,:¡¡:;j:i;:::::::::::':::..,':::'1
By motion, approve the master development plan modification request to the
Laver's North SAD (Special Activities District) based upon positive findings and
conditions as recommended by the Planning and Zoning Board.
Attachments:
a p & Z Staff Report and Documentation of August 19,1996
,
PLANNING AND ZONING BOARD
. ---STAFF REPORT---
CITY OF DELRA Y BEACH
MEETING DATE: August 19,1996 (Postponed from July 15,1996 Meeting)
AGENDA ITEM: V.A.
ITEM: Modification to the SAD (Special Activities -District) for laver's North to
Incorporate the Existing Temporary Reception Buildings as part of the
Approved Site Plan of Record.
>'
SCUI WASIf f
-- ~
STA_
-
~
-
~A/tIt
GENERAL DATA:
Owner/Applicant............. Gloria Glass, loP. A Georgia Limited Partnership
clo Doak Campbell, III
location.......................... North side of Egret Circle, which is located south of Linton Boulevard,
between S.W. 4th Avenue & S.W. 10th Avenue.
Property Size.................. 5 Acres
Future land Use Map..... Medium Density Residential 5-12 dulac
Current Zoning............... SAD (Special Activities District)
Proposed Zoning............ SAD
Adjacent Zoning....North: GC (General Commercial) & PC (Planned Commercial)
East: CF (Community Facilities) & OSR (Open Space and Recreation)
South: RM (Multiple Family Residential)
West: PC & SAD
Existing land Use.......... An existing vacant "temporary" sales and reception building, a parking lot,
and vacant land.
Proposed land Use........ Modification to the SAD to allow the temporary sales and reception
"büilding to be a permanent part of the approved site plan of record for the
laver's North development, to accommodate a tennis school/academy
and a sales office.
Water Service................. Existing on-site.
Sewer Service................ Existing on-site.
V.A,
1:::¡\~~::,:,):::::,:..:;,..L'·,:,i,.¡:":("?,,,,,'~§M:·I.§~:g,8'i,..';m'H·§,:,':·:·,:g",g,'l\:B":g;;",:::::\.::::::':j:,:;\:::j:::::::':::,:::,,::,:'::',':::::'::::"",:::::;,:,':1
The action before the Board is that of making a recommendation
on a modification to the Laver's North SAD (Special Activities
District), pursuant to Section 2.4.5(D).
The subject property is located on the north side of Egret Circle,
which is south of Linton Boulevard, between S.W. 4th Avenue and
S.W. 10th Avenue.
Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section
2.2.2(E), the Loca} Planning Agency (P & Z Board) shall review and
make recommendations to the City Commission with respect to the
rezoning of any property within the City.
_f.jj~1it;ii¡i::~~::::::::::::¡¡:::i::::::::::::'::::'::¡::::::::::::¡¡:\:::;,::::::::¡::¡:::::::t::::::::¡:¡¡¡¡¡:~l:i¡::¡il::I::I:::I¡I::¡¡B:::I:::Q'::I::::I::::::¡:::¡¡;'::¡?;iM¡t1I~:!;:::¡:~¡m1:m¡:::::¡::::i::::::!¡:¡¡¡::~:¡¡::¡~:::¡:\:::¡:,:¡::::::::¡:::::¡::::::::,::1
The subject property is a 5 acre portion of the overall 61.91 acre Laver's North
development. On November 25, 1980, the City Commission approved Rezoning
(RM-10 to SAD), Conditional Use and Site Plan approval requests for Laver's
North. The Conditional Use and Site Plan approvals were for a tennis resort
consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts,
recreational amenities and resort facilities including meeting rooms, a restaurant
and a lounge. A final plat was approved by the City Commission on May 12,
1981. On August 25, 1981 a modification to the Conditional Use was approved
by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610
dwelling units to be resort dwelling units (time-share units). Two site plan
modifications were processed in 1981 and 1984 which involved additional
access points and relocation of support buildings (maintenance and laundry
buildings) and other minor adjustments.
Between 1981 and 1995,40.57 acres of the overall 61.91 acre development had
been developed with a total of 318 units (six 5-story buildings), 19 tennis courts,
and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq. ft.
"temporary" sales complex for the condominiums and time-shares was
constructed on the south side of the Laver's North development, adjacent to
Egret Circle. On May 16, 1995, the City Commission approved a modification to
the Laver's North SAD (via Ordinance No. 21-95) consisting of the following:
'. .
[J Modifications to the eastern 21.34 acre parcel which included the following:
. Replacing 232 approved units (four proposed 5-story buildings) with
228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot
lot;
. Elimination of 10 existing tennis courts; and,
. .
P & Z Board Staff Report
laver's North - SAD (Special Activities District) Modification
Page 2
.
· Elimination of a portion of an existing parking lot (58 existing spaces
and 37 future spaces for the tennis resort function).
a Modifications to the balance (western 40.57 acres) of the Laver's North
development:
· Addition of two tennis courts;
· Elimination of proposed meeting rooms, restaurant, and lounge which
were part of the proposed tennis resort facilities; and,
· Modifications to the existing parking lot i.e. installation of pavement to
provide internal circulation needed as a result of the elimination of the
existing parking.
At its meeting of June 28, 1995, the Site Plan Review and Appearance Board
approved the site plan for the eastern 21.34 acres known as The Vinings at
Delray Beach, a rental apartment community development by Trammell Crow
Residential. The development is currently under construction with a majority of
the units completed.
The "temporary" sales complex constructed in 1981 was to be removed once the
meeting rooms, restaurant and lounge associated with the tennis club were
constructed. These improvements. however, were eliminated when the SAD
was modified in 1995. The structure was occupied by a tennis academy/school
(International Tennis Resort) and utili~ed as a sales office associated with the
laver's North development but is currently vacant. Earlier this year, the building
was vandalized and the restrooms were severely damaged. The applicant
started to repair the facility without proper permits and was issued a violation
notice by the Community Improvement (Building) Department. As the structure
has been represented as a "temporary" structure, and was not indicated on the
master development, a building permit could not be issued without first obtaining
formal approval for the structures. The current proposal is to amend the master
development plan for the laver's North SAD to make the "temporary" building
permanent, which is now before the Board for action.
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The development proposal is to amend the approved master development plan
of record to make the existing 4,000 sq.ft. "temporary" sales complex building, a
permanent structure' to accommodate a tennis academy (International Tennis
Resort) and sales office associated with the laver's North development.
The existing pre-fabricated wood frame structure has wood siding and a cedar
shake roof. The building consists of 3 circular pods connected by hallways to a
central reception pod. Associated with the structure is an existing entrance
canopy. drop-off area, and associated parking spaces.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 3
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REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
Is part of the official record, This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following mur areas.
Future land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The requested zoning change involves a modification to the Laver's North SAD
and the associated master development plan. Upon approval, the parcel will
retain the SAD zoning designation yet the approval will be associated with the
requested modified master plan.
The subject property has a Medium Density Residential 5-12 units per acre
Future land Use Map designation. Pursuant to lDR Section 4.4.25(A), the SAD
zoning is deemed consistent with any land use designation on the Future land
Use Map, including the underlying Medium Density Residential designation.
Further, the uses allowed within a specific SAD shall be consistent with the land
use category shown on the Future land Use Map. The original SAD Ordinance
for laver's North (Ordinance No. 57-81) lists the tennis clinic/school as an
allowable conditional use within the laver's North SAD. The proposed use is
consistent with the underlying Medium Density Residential land use designation.
Based upon the above, a positive finding can be made with respect to
consistency with the Future land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
The purpose of this SAD modification is to make the existing "temporary"
structure, a perm~n~nt structure. The sales offices were to be relocated to the
tennis club complex, once the meeting rooms, restaurant and lounge were
constructed. These structures (totaling approximately 40,000 sq.ft. of floor area)
were indicated on the approved master development at which time positive
findings were made with respect to Concurrency i.e. water, sewer, drainage,
traffic, parks and recreation facilities, and solid waste. While the structures were
eliminated with the SAD modification in 1995, 4.000 sq.ft. of the floor area was
allocated to the existing "temporary" sales office and tennis school building.
.
P & Z Board Staff Report
laver's North - SAD (Special Activities District) Modification
. Page 4
Thus, the existing structure is considered vested, and will not have any impacts
with respect to Concurrency.
Consistency: Compliance with the peñormance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES
.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and no applicable objectives and policies were found.
Section 3.3.2 (Standards for Rezoning Actions): Standards A, Band Care
not applicable with respect to this rezoning request. The following is the
applicable peñormance standard of Section 3.3.2:
(D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The adjacent properties to the north, east and west are part of the overall
Laver's North SAD and south is zoned RM (Medium Density Residential).
The surrounding land uses adjacent to the property include the following:
The Vinings of Delray multiple family development to the north and east,
the Laver's Resort and Racquet Club Condominium to the west and
Laver's Delray Racquet Club to the south.
The existing 1 and 2-story 4,000 sq.ft. structure is relatively low-scale
compared to the surrounding 3 and 5-story multiple family structures, and
is heavily landscaped. The existing structure has co-existed with the
adjacent residences for many years, and compatibility is not a concern.
However, it is noted the existing parking lot west of the building has not
been well maintained and is in very poor condition. The north portion of
the parking Jot has been incorporated into the Vinings development. As a
condition of the Vinings site plan approval, the Vinings is responsible for
the reconstruction and landscaping of the parking area affected by this
development, which is primarily the east half of the existing parking lot.
The improvements are required to be completed prior to issuance of a
Certificate of Occupancy for Building 10 (last residential building to be
constructed) of the Vinings. The balance of the parking lot should be
improved as a condition of the SAD modification. Upgrading of the
balance of the parking area involves the installation of landscaping and
P & Z Board Staff Report
laver's North - SAD (Special Activities District) Modification
Page 5
restriping parking spaces. The improvements should be installed in
conjunction with those to be provided by the Vinings.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
8. That the zoning had previously been changed, or was
originally ~stablished, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"Item "b" applies to the request. When the original site plan for the
laver's Development was approved as part of the SAD. there was an
intent to use the reception building only through build-out and a new
clubhouse was to be built. With the subsequent development failures, the
plans for a new club were abandoned. the extra property sold (Trammell
Crow) and the building which was intended to be temporary has now
become necessary in operating the current club and tennis school. The
structure, although named temporary. is built to permanent standards."
Comment: The -rezoning" is really more of a modification of the existing site
plan and some minor use changes; therefore. these standards aren't entirely
applicable. Item "c" most closely relates as the basis for which the SAD
modification/rezoning should be granted. The proposed structure and proposed
uses have co-existed with the surrounding residences for many years. If the
modification is approved, improvements will be made to the structure to repair
damages and make the property more harmonious with the adjacent residences.
Based upon the above. it is appropriate to approve the SAD modification.
ÇOMPLlANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
P & Z Board Staff Report
laver's North - SAD (Special Activities District) Modification
Page 6
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be
established around the perimeter of any property developed under the
SAD designation. Within the front and any side street setback, a 15 foot
setback area shall be a landscape setback area and no pavement shall
be allowed therein except for pedestrian ways and driveways which
provide access to the property and which are generally perpendicular to
the abutting street.
Adjacent to the subject area, along Egret Circle, the Laver's North
development provides an 18 foot perimeter landscape setback with the
existing "temporary" building set back 60 feet from the property line, thus
this code requirement has been exceeded.
Parking Requirements
LOR Section 4.6,9(C)(4}(a} states that business and professional offices
must provide 4 spaces per 1,000 sq.ft. of gross floor area, up to 3,000
sq.ft., and LDR Section 4.6.9(C}(6)(e) states that a tennis school must
provide 1 space for every 5 students.
Based upon the above, 4 spaces are required for the 1,000 sq.ft. office
component and 14 spaces are required for the tennis school with a
maximum anticipated enrollment of 70 students. Thus, a total of 18
parking spaces are required. The reconstructed parking lot to the west
will contain 123 parking spaces with 4 spaces provided in front of the
building along the drop-off driveway for a total of 127 parking spaces
which exceeds the code requirement.
Fire. Safe~. Building Codes
If approval is granted for the existing "temporary" structure to become
"permanent", a building application must be submitted which addresses all
Fire. Safety and Building Codes. Staff has conducted site inspections and
have comments regarding the existing deficiencies and appropriate
changes to obtain compliance. These comments have been transmitted
to the applicant and must be addressed with the submittal of a building
permit application.
", .
Site and Landscape Plan Technical Items:
In reviewing the proposed master development plan modification, several
deficiencies were noted. The following deficiencies are items that do not require
specific action of the Board, however, the items must be addressed with the
submittal of revised plans.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 7
1. Pursuant to the Florida Handicap Accessibility Requirements Manual. parking
lots containing between 101 and 150 spaces must provide 5 handicap
accessible parking spaces. This will need to be indicated on the
improvement plans for the parking lot.
2. Within the parking tier just west of the Vinings, 13 parking spaces have been
provided where a maximum of 10 are allowed.
3. All dead or weed infested lawn areas surrounding the modular buildings must
be resodded.
4. Complete landscape maintenance is required such weeding, mulching and
fertilizing the shrub beds.
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Dumpster Enclosure
A dumpster area currently does not exist to accommodate refuse generated by
the school and offices uses. A dumpster area was not previously provided as
the structure was to be "temporary". As the proposal is to make the structure
pennanent, it is appropriate to install a dumpster enclosure with screening and
vision obscuring gates. This improvement should be incorporated into the
improvements plans for the west parking lot.
Street Lighting
The street lights along Laver's North Drive and Egret Circle were required as part
of the original SAD approval in 1980. It has been brought to staff's attention that
a majority of the street lights throughout the Laver's North development have not
been regularly illuminated. With the Vinings development new street lights have
been installed and will be properly illuminated. The street lights adjacent to the
lakeview Apartments (north side of the development) are also illuminated,
however, the balance of the street lights throughout the development are not
regularly maintained or illuminated. The non-illumination of these street lights is
a safety concern as well as a violation of the original SAD approval. The
applicant for the current SAD modification owns the portions of the roadways that
include the street lights that are not illuminated. If the current SAD modification
is approved, it should be with the understanding that the street lights be
Uluminated and re'påired, if necessary, and that all other aspects of the SAD be
complied with.
P & Z Board Staff Report
laver's North - SAD (Special Activities District) Modification
Page 8
.
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The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
orthe HPB (Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within 500 feet radius
of the subject property. In addition, Courtesy notices were provided to the
foIowing homeowner's and neighborhood assoèiations:
.
[J Tropic Palms
[J Town and Country
Q laver's Association
(J Progressive Residents of Delray (PROD)
a Delray Property Owners
Attached is a letter of objection and a letter expressing concerns with the lack of
street lighting in this area, Any additional letters, if any, will be presente,d at the
Planning and Zoning Board meeting.
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The SAD modification request is to retain the existing structure and indicate the
structure on the master development plan. The modification proposal complies
with the Comprehensive Plan, and Chapter 3 and Section 2.4.5(0), that the SAD
modification is more appropriate given the existing use of the property as a
tennis school and office. Improvements to the existing parking area are
proposed in conjunction with the Vinings development. These improvements will
be an enhancement to the property as well as the surrounding neighborhood.
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A. Continue with direction.
B. Recommend approval of the modification request to the laver's North
SAD based upon positive findings with respect to Chapter 3 (Performance
Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the land
Development Regulations, and policies of the Comprehensive Plan,
subject to conditions.
C. Recommend denial of the modification request to the laver's North SAD
based upon a failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section 2.4.5(0)(5) the rezoning
fails to fulfill at least one of the reasons listed.
P & Z Board Staff Report
laver's North - SAD (Special Activities District) Modification
Page 9
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Recommend to the City Commission approval of the modification request to the
laver's North SAD (Special Activities District) based upon positive findings with
respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by the Vinings;
2. The "Site and Landscape Plan Technical Items" identified in this Staff Report
be incorporated into t'he parking lot improvements plans;
3. That a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking lot;
and,
4. That the street lights throughout the Laver's North development be
illuminated.
Attachments:
a Location Map
a Site Plan
Report prepared by: Jeff Costello. Senior Planner
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Photojournalists
FeCHTER PHOTO Phone' 407·272-3252
tiOO EGRET CIRCLE' SUITE 8502 Fax· 407·272·3266
DBAAY BEACH, FLA 33444-7919 E·MaII . 73517 .257CiVcompuserve.com
ASMP. NPPA· UNO£RWAWlI'HOTOOIW'HY lnIernet . ....ep@ga1e.net
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.JUL 7 ~ jS~ 5
July lO~ 1996
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City of Delray Beach
Planning & Zoning Board
100 N. W. 1st Avenue .
Delray Beach, Florida 33444
- Gentlemen:
We have received your notification of a request TO modify The exisTing SAD for Lavers NOl1h to
incorporate the existing temporary reception buildings as a pan oj the approved site plan of
record.
We most definitely do object to any such modification. We arc the owners of 5 apartments at
Lavers. Four of them are within the five hundred foot radius of the Lavers North property.
Three of the apartments are our personal, pennanem residence and are in the 500 foot radius
area.
When we bought our apartments, we were informed that the building in question was to be a
temporary sales office until the apanmems were sold by the then owner of the property. At such
time the building would be demolished and 3 more tennis courts put on that site.
We have not been happy with the fact that this building has remained in existence this length of
time. It was never constructed to be a pennanem structure.
We are most anxious to put ourselves on record as opposing any downzing or changing of the
original plans and hope the Planning Board will acknowJedge the rights of the original
purchasers of these apartments and refuse to request such a change.
Very uuty yours.
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July 24, 19%
P.Iammg De¡:artIœnt, City of Delrãy Beach
100 N. W. 1st Avenue
De1m.y Beach¡ FL 33444
Attent.ia1: Mr. Jeff OJstello RE: FIlE 96-l~
Gentleœn:
'1be file I refer to is the en:! \\hid1 d1a:rges a t.e:çorary 1:1 ú1din;J to a peDtEnaI'1t Œ1e 0'1 Egret
C:i:rcle¡ at Lavers. I am a ~lLCóèrt.. residem., living 0'1 Ð;ret Circle.
.
Fi:œt, let me say that I have no objecticn to t.he S'~ plan of t.1-e a..ner of that property
for a rosiness such as a real e~;.Ôte offL""O; or :õi.'T1i!.ar. I a"n net against any su:cessful
errleavor, 50 long as it hurts oothirIg or dL"!.."YJC':.". the "a~<!re" of tl'la areü.
1beIer,' there has been an rog::>i.rg proble:\ for years a.T"X3 the O'..'ner arx3 nanager of that
lÀ~Lý,. the only ones \-om co..ùd have re.90h'IYJ it, have never held to vert:al agre.eueuts or
prar¡ises to resolve the problem. .'\nd, it tnûy !!d,ght scrc::J.ay result in b:x:lily haJ:rn, or even
death, to ~le in ~ area. I believe thùt rr::M there is a groat opp:>rtunity, ~ ycur
plamjng ~t,' to resolve this preble!!. L"1 the cha.ry:;e that yw might say cne thing has
not:hi.rY:J to do with another I œg to differ.
'!he problem is that the CMoer of the road, fgret Circle, has refused to turn on the lights on
that road, or the ¡:x:>r""..ic:r1 of Iß'.-ers C:L-rcle t!-.at S!pties onto £gret Circle, and to µrt. a
legitmete, large light deflector arx3 lightßd ë...>-ea right en the is]¿,'1C! in Egret Circle. Yo..xr
o::mnissicn and Delray auth:Jrities rrust t:e (!'.-.<U"E! t.)¡at peI'h3ps a dozen vehicles have driven "up
the islarrl" over the years, arrl even over t.1<)e 1:e...rrier "hidl ....'èS plëœd there 15 years ago and
~ 1o.-as never replaceð. M:my of us \\tx:) ð-.'"e residents and ....no use Ð;;ret Circle an:1 Lavers
Circle fear that when scr.ec:ne \\cùks a.1.crg eit.~ rœds at night the cars ....mch very
def:ini.tely speed arrl "irlch ca.T'J1Ot ~sibly E-ge these people well or until they are
practically up:JO than ,,'ill absolutely hit t:h:r.:, ro:7.1Cl" or later. JI.'X3, the cars ....hidl drive
''up the islarrl", en Ð;;ret Circle, ....'ill e·.-e1tually 1:::eo::re nore t1En just a heavily danegeà
car, the latter being the case ITDSt of the t..ire. Fina.1ly, the clarY. area has to be a 1Icr:iJre
welcoœd" area arrl there have teen nearb¡ r:1.1?':f~~ <n:'I thefts.
'1be1:efore,' rather than to allCM ncre traffic into the area \\-:ith a new bJsiness I ask Mr.
Cbstello arrl the p1.annirg de¡:m1::7rcnt to rooli.zc that their re..~ihlc ~it.ia1 œn help all
parties ~ requirirJg that lights t:e pJt on for the descr.il:cd are.:J.S, am a su1:stancial light
reflector be used on the lIislan:3" if the ~ site is to 1::ecx:rre pernanent,' for these sane
owners. If this is required then we all shall welc::aœ the pernenency of the b..1ilding and
welcxme their bJsiness.
- . 1t~Y>~'~
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WED/s Kill~ E. I:Dvi.dscn
Reply to: \.¡illÍé'J"n E. Iavi.d9:JO ~~~~-W~ìfì\
t . ..,,' ~) i ~ \ ~ I ~ ..
750 Fqret Circle, Apt. ~œ J[;;\G~l ' Q',ll))
~l1."üy Dci:1ch,' FL 33444
JUL 23 \995
PlANNIf..G ~ zcr~ING
MEMORANDUM
'10: MAYOR AND CITY COMMISSIONERS
FRœ: CITY MANAGER M
SUBJECT: AGENDA ITEM # I a ß - REGULAR MEETING OF œroBER 1, 1996
FIRST READING FOR ORDINAN:E 00. 43-96 (SEACREST PROPERTY
REZONING)
DATE : SEPI'EMBER 27, 1996
This is first reading for Ordinance No. 43-96 which rezones the Seacrest
property across from Atlantic High School from NC (Neighborhood Commercial)
and POD (Professional Office District) to CF (Community Facilities)
District. The property is located on the west side of Seacrest Boulevard,
between N. E. 22nd Street and Tangerine Trail, and contains 4. 5 acres.
The proposal is to rezone the property to accommodate developnent of a
gymnasium as an accessory use to Atlantic High School. The existing zoning
does not permit this intended use. The appropriate zoning district to
accommodate this type of use is CF (Corrununi ty Facilities). The rezoning
does not include the existing pizza shop and convenience store at the
northwest corner of N.E. 22nd Street and Seacrest Boulevard.
The Planning and Zoning Board considered this matter at public hearing on
September 16, 1996, and voted unanimously to recommend that the rezoning be
approved, based upon positive findings with respect to Chapter 3
(Perfonnance Standards) of the Land Developnent Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5{D) (5).
Recommend approval of Ordinance No. 43-96 on first reading, based upon the
findings and recommendations of the Planning and Zoning Board. If passed,
a quasi-judicial/public hearing will be scheduled for October 15, 1996.
!~JLJLC£ 5-0
ref: agmem09
· I
- -- .
li ORDINANCE NO. 43-96 r
"
I .AN ORDI~ OF '!HE CITY CD>1MISSIœ OF '!HE CITY OF
Ii
DELRAY BEACH, FLORIDA, REZONING AND PIACING LAND
I! PRESENrLY ZOOED lC (NEIGHBORHOOD CQ1MERCIAL) IN PART
AND Pro (PROFESSIœAL OFFICE DISTRIcr) IN PART, IN '!HE
CF(CXJ.1MUNITY FACILITIES ) DISTRIcr¡ SAID LAND BEING
cx::JM::H.Y ~ AS '!HE SEACREST PROPERTY, ux::ATED œ THE
WEST SIDE OF SEACREST BOULEVARD ACROSS FlOi ATLANTIC
i HIGH SCHOOL, AS K>RE PARTICULARLY DESCRIBED HEREIN¡ AND
; AMENDING "ZCNING MAP OF DELRAY BEACH, FLDRIDA, 1994" ¡
I
Ii PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN u1-"J:X:l'l. \IE DATE.
WHEREAS, the property hereinafter described is shown on the
ZOning District Map of the City of Delray Beach, Florida, dated. April,
¡ 1994, as being zoned æ (Neighborhood Commercial) District in part, and POD
I (Professional Office District) in part; and
i
I
! WHEREAS, at its meeting of September 16, 1996, the Planning and
i Zoning Board for the City of Delray Beach, as Local Planning Agency,
f
! calSidered this item at public hearing and voted. unanimously to reconunend
approval of the rezoning, based. up:>n p:>si ti ve findings; and
,
I WHEREAS, it is appropriate that the Zoning District Map of the
I City of Delray Beach, Florida, dated. April, 1994, be amended to reflect the
Ii revised zoning classification.
!D1, 'lHEREFORE, BE IT ORDAINED BY THE CITY CD>1MISSION OF THE CITY
! OF DELRAY BEACH, FLORIDA, AS FOLLCMS:
I
Section 1. 'lhat the Zoning District Map of the City of Delray
¡ Beach, Florida, dated April, 1994, be, and the same is hereby amended. to
, reflect a zoning classification of CF (Community Facilities) District for
¡ the following described property:
~ ihe West 168.00 feet of the East 300.00 feet of the
t North 125.00 feet of the South 140.00 feet of the
Northwest Quarter of the Southwest Qùarter of the
Southwest Quarter of Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida.
I
i ·l~.l'tiER WITH
,
,
i '!he North 150 feet of the South 290 feet of the East
¡
! 170 feet of the South O:le-Half of the Northwest I
<ile~ of the Southwest O:le-Quarter of the
Southwest O:le-Quarter; less East 40 feet for road
right-of-way, Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida, also described as:
I
t:
¡
II -'_.
í Canmencing at an iron rod on the æsterly right-of-way
I line of Seacrest Boulevard, which is 140 feet North of
and 40 feet West of the southeast corner of the
Northwest Q1e-Quarter of the Southwest Q1e-Quarter of
I the Southwest Q1e-Quarter of Section 4, Township 46
I South, Range 43 East, Palm Beach County, Florida;
thence nm South 89 degrees 47'35" West for a distance
of 130 feet to a concrete monument; thence run North 0
! degrees 32'25" West for a distance of 150 feet to a
¡ concrete monument¡ thence run North 89 degrees 47'35"
East for a distance of 130 feet to an iron rod on the
æsterly right-of-way line of Seacrest Boulevard¡
I thence run South 0 degrees 32'25" East along the
¡, æsterly right-of-way line of Seacrest Boulevard a
I
i distance of 150 feet to the Point of Beginning.
,
: 'IOOETHER WITH
,
l '!he East 340 feet of the Northæst ~er of the
I
Southwest Quarter of the Southæst ~er of Section "
4, Township 46 South, Range 43 East, Palm Beach County, ¡
I: Florida, less the following described parcels:
I
.' (1) '!he South 15 feet of the above described parcel¡
I
I (2) '!he East 40 feet of the above described parcel ¡
I¡ (3) '!he West 130 feet of the East 170 feet of the
North 150 feet of the South 290 feet of the above
\, described parcel;
(4) '!he North 125 feet of the South 140 feet of the
! East 265 feet of the West 305 feet of the above
.' described parcel.
I
I' '!he subject property is located on the æst side of
Seacrest Boulevard, between N.E. 22nd Avenue and
ì
Tangerine Trail, across fran Atlantic High School¡
containing 4.37 acres, more or less.
I
, Section 2. '!hat the Plarming Director of said City shall, upon
,
, the effective date of this ordinance, amend the Zoning Map of the City of
Delray Beach, Florida, to conform with the provisions of Section 1 hereof.
,
Section 3. '!hat all ordinances or parts of ordinances in
I conflict herewith be, and. the same are hereby repealed. I
I
I
:
- 2 - Ord. No. 43-96
,
Ii
I
f
- -----..
I: - - - I
I
Ii
Section 4. 'Ihat should any section or provision of this
! ordinance or any portion thereof I any paragraph, sentence, or word be I
! declared by a court of canpetent jurisdiction to be invalid, such decision I
I
! 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. '!bat this ordinance shall beccme effective
immediately upon passage.
Ii PASSED AND ADOPI'ED in regular session on second and final reading
on this the day of , 1996.
I;
I
.
I MAYOR
I
. ATl'EST:
i'
t
ò City Clerk
¡
I
First Reading I
i
¡
I Second Reading
f
!
I
¡
t
!
!
I
I
I
- 3 - Ord. No. 43-96
I I I I J L1) l I I I J l I I J l . /I
S,W, J6TH A\I[. GULF STREAM BOULEVARD -,
. , ~ ¡::=::::J J::= r
. ~ .
o SCACR£ST 8LIII), ~,., j.' JlI~--I ,..
~ PR£$Y~~AN ~- .,-
_ _ 4( CHURCH Ir _
,L ) R 1 A A > C CHRISTIAN ~ GULr STREAM [)RI\I[
-{N.i 25TH CT. I (- ~ F SCHOOl. \
~ \ ~ -~
0
_ I \ MOjO, (D I J.. _ ~H pU ì 0 ::
~.W 25TH ST. ~ :.t.r¡;t<t.tT ~ANE y gr--i:tZl:; j - ~
\ \ ~ TENNIS........
\ ~ ~Œ
r ~ AOUACREST ....
-{ H.W. 24TH CT. f-- W POOL 1\C
'- ~ f-- IJ') 1\..þ.~ ~OO\- -.
¿ -.. ~... Þ. LI SC -.....
.., r \,,\,GT'
M.W 24TH ST. i\ f-- CF ..............
I ~\ ~
...............
\I ~~
I , I CF FOOTBALL ~--
U ~ ~D ~~
% - ð~
"-- ~ 0 N' ..- ~
IJNITyA;:gURCH ~ Q. _ I"\. 1.(!'\. W -' t--- -.......
~ ELEMENTARY I '( f. I 1.lr.. --...............
SCHOOL B I . .I~I~ I~I~ ~-.......
_ ílflO JiF¡ 1-- -........
" _ -:2:2ND Ii .,¡ sm. __
) ~ 22ND ST. 1-1.1 i---- ¡
, ~ ~ I-- ~ - I-- Ch,J1:.tA ril I~ !
I--Z ~ ~_ I-- - T ,-,- r,,^
~ C CHURCH - '-- C I ~
f-- ~ ; OF THE WI T '-- f-- "'- N.E. 21ST ST. IRa
. . PALMS f----,....-. ~ z"--
"--~ J: ~ '-- ,-
z Z ___ ~____ _ __
I-- 0_ ~-
( I- r: I--- ~ N.E. 20TH ST. _ .
i- f-- 11---- I V?
, \ \ I N.E. Itn< STRttT ----::>
T I II I..; I
Z PLUMOSA ~ ~ /\
N.W, 18TH ST, - ELEMENTARY C F __ I ~~I ~
SCHOOL
~ -
C §" I-- ARROW ~ ==
101.1 . TH S·. 51. m / TRAILER 3: r-
~::. R 1 A:. - PARK:r 1=
N.W. 17rn - ~:.~ · I,ll ~JoI :;; M. E. 1 H ",/ - <___ 2 t=
Sf. _ Z I.> :!! _ :r '"-
o ~r--- - G~, F=
~ I I \~ ~ - I'~ t::
I--- ~ U cr -... a::,...
N.W.16rn ST. l _ W
. I I ·N.E. 16TH ST. N. E. 16TH - ~ < e~....
~ 0BBj - 10: L...
Z I -4! I-- lWl)4
NW 15TH ST. -îJ~ I J~ f I ~
) N CITY INITIATED REZONING I
PlA~~INC OEPART"'E~T FROM: NEIGHBORHOOD COMMERCIAL (NC) & TO: COMMUNITY FACILITIES (CF)
OTY ar OCLRAY BEACH. fl PROFESSIONAL OFFICE DISTRICT (POD)
- - DfCITAJ. BASe MAP SrsTCAI - - "'AP REr: LM081
c'K
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",..··,·,....··,""',·,""',··,·..øIIM"Sj¡ilMMlsllm."Ð.,J,"IM,III...IIIII..,"""""""""""".."'·'·"
TO: DAVID T. HARDEN
CITY MANAGER
FROM: PAUL DORLlNG
PW~AL PLANN~R , \ _
THRU: DIANE Do5DIRECTOR r\ . ~'AO fbwJ-P1 Q.,ø
DEPARTMENT OF PLANNING AN~/NG I ~ \
SUBJECT: MEETING OF OCTOBER 1 1996
REZONING OF THE SEACREST PROPERTY FROM NC
(NEIGHBORHOOD COMMERCIAL) AND POD (PROFESSIONAL
OFFICE DISTRICT) TO CF (COMMUNITY FACILITIES).
I::::::::;::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::~::i;:::::::::::::::\llmJ.IH:::IIIIII..:::II;::m;:::IIIII_III:':::::::::::::::::::::::::::\:::::::::::::::::¡::::::::::::::::::::I:::::,:::::::::i:::::~
The action requested of the City Commission is approval of a City
initiated rezoning request from NC (Neighborhood Commercial)
and POD (Professional and Office District) to CF (Community
Facilities), pursuant to Section 2.4.5(0).
The subject property is located on the west side of Seacrest
Boulevard, between N.E. 22nd Street and Tangerine Trail, across
from Atlantic High School.
.,.,.,'",....""..'.,.,.".."""""'"""',..",,,,,....,....."""""""""""",........,..'"""..""....',""'..'""""..."..."""""..'"""""""",..,,.....,........"""""""",.""..""",..",
..............................................................................................................................................................................................................................................................................................................,.................................................................'...
The rezoning request relates to property that is the subject of an agreement
between the City, Palm Beach County, and the Palm Beach County School
Board, for development and use in conjunction with Atlantic High School. The
property consists of approximately 4.5 acres, and was recently purchased by the
City. The north 2 acres is vacant and a portion of the south 2.5 acres is
occupied by a vacant gasoline station.
City Commission Documentation
Rezoning of the Seacrest Property from NC to CF
Page 2
The proposal is to rezone the 4.5 acres from NC (Neighborhood Commercial)
and POD (Professional and Office District) to CF(Community Facilities) to
accommodate development of a gymnasium as an accessory use to Atlantic
High School. The existing zoning does not permit this intended use. The
appropriate zoning district to accommodate this type of use is CF, Community
Facilities. The rezoning does not include the existing pizza shop and
convenience store at the northwest corner of Sea crest Boulevard and Pine
Ridge Road (N.E. 22nd Street).
The proposal to utilize the property as a gymnasium is the result of the efforts of
the Sea crest Property Task Force, consisting of representatives of the School
Board, County, City and community residents. The task force was established at
the City Commission meeting of November 30, 1994 via Resolution #93-94 to
address various problems at Atlantic Community High School relating to
inadequate facilities and extremely overcrowded conditions. The task team felt
that the best use for the property would be as an expansion of recreation
facilities which could be utilized by Atlantic High School and residents.
'-::::~::~::::¡::¡::¡:::::;::~::::~:¡::~:~~:::'::::::::¡:j:::::¡:~:j:~:~I.I:I~""I:::llg::jlll~lg~:::11111:¡¡IIIIJII.IIÎI:::::::::::::::¡~::::::::::~:::::j:::~::~~::::::::::~:~::::¡':::::':::':I
The Planning and Zoning Board considered the item at a public hearing on
September 16, 1996. Two people from the public spoke with general concerns
over the blighted condition of the property and concerns that whatever entrances
and exits are proposed in the future be placed at safe distances from the
intersection of N.E. 22nd Street and Seacrest Boulevard. The Board
recommended approval of the rezoning request on a unanimous 5-0 vote.
t:~:::::::::::~:::::¡¡::¡:~:::¡::::::::::::'::,:::::::~::¡¡:::::~~::~:::::::::':;::.::::::::~:;~::::::~:::~::¡::::::::!:~::¡~:::::::::¡::::¡::::::¡¡.I.M~tltÌÎI:::llllø:::::¡:~::::~:~::::::~::::::::::::::::::::,::!::::::::::::::::::I::::=:=::::::j::j¡:¡;:::=;::::¡=¡¡¡::::::::~::::::::,::::¡::::::¡::,~·~¡::::~::t
By motion, approve the rezoning request from NC (Neighborhood Commercial)
and POD (Professional and Office District) to CF (Community Facilities) for the
Seacrest Property, based upon positive findings with respect to policies of the
Comprehensive Plan, Chapter 3 of the Land Development Regulations, and
Section 2.4.5(D)(5) (Rezoning Findings).
Attachments:
0 Location/Zoning Map
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 16,1996
AGENDA ITEM: V.C.
ITEM: City-initiated rezoning from NC (Neighborhood Commercial) and POD
(Professional Office District) to CF (Community Facilities) for City
Owned Properties Located on the west side 'of Seacrest Boulevard,
north side of Pine Ridge Road (N.E. 22nd Street), across from Atlantic
High School.
LlJ_ I I J
GULF STREAM BLVD
SCACl/fST Bl 101). ¡
PRESSYTrRlAN
o OfURCH "
GENERAL DATA: (- ~ O;:¡~
Owner............................................... City of Delray Beach, Florida w m \ I \
Applicant.......................................... David T. Harden, City Manager I t;; "'-r""·~' ~AN'I T
~cl~~~~ ø
-<
Location............................................ West side of Seacrest ~ AQUACR£ST
Boulevard, north side of Pine D 1 = POOL
Ridge Road (N.E. 22nd Street) D \
~~~~~~a~~eÚ~~r~~~pï)~~ig~~t¡~~::: ~~;~S~~~~:I 1:4 \ H þ.~í\C ot.
Current Zoning................................. NC (Neighborhood -.J I 'I þ.~ Sc'(\O
Commercial) & POD ~ '(\\G
(Professional Office District) ~
, Proposed Zoning.............................. CF (Community Facilities) Nt. 22NO.....£
Adjacent Zoning...................... North: R-1-AA (Single Family C~~1J¿H -i
Residential) :::~. I
East: CF, NC SCHOOL I I I II
South: R-1-AA N.W 22ND 5T, PINE N.E. 22ND ST.
West: R-1-AA - - .-
Existing Land Use........................... Vacant land, vacant gasoline CHURCH - - ~ -
station, and parking lot. ~Lr;:ff - - - I
Proposed Land Use.......................... Rezoning the parcels to allow ~ = ,r-
a proposed future gymnasium, ~ - - ~ f-- I
sports support facility, and I! - I - f-- 1
parking lot for Atlantic High I N. "..; .,..,T I
School. Z PLUMOSA
W t r Se Ic N/A N.W, T81H ST. ,.-- £ NT. RV
a e rv e................................... L /,/£ A"
. SCHOOL
Sewer Service.................................. N/A I
-
I ~
l N..171HSTI
[ r--'
N,W, 161H ST, f---
I ~ 161H ST. N, , 161H 5,
Q~ 1 ~
HG
N,W. 151H ST. X NI IA ¡---
V.C.
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.....', ....,...... ........... .... ......... ... .... .. ... ....... ...... .. .. ....... ....... ........ ...... ..... .............. ..... .. .. ,.... ..,. ......, .... ......... ..... .......... ......
The action before the Board is making a recommendation to the City
Commission on a rezoning request from NC (Neighborhood
Commercial) and POD (Professional and Office District) to CF
(Community Facilities), pursuant to Section 2.4.5(D).
The subject property is located on the west side of Sea crest Boulevard,
between N.E. 22nd Street and Tangerine Trail, across from Atlantic High
School.
The rezoning request relates to property that is the subject of an agreement between
the City, Palm Beach County, and the Palm Beach County School Board, for
development and use in conjunction with Atlantic High School. The property consists
of approximately 4.5 acres, and was recently purchased by the City. The north 2
acres is vacant and a portion of the south 2.5 acres is occupied by a vacant gasoline
station.
With the Citywide rezoning and adoption of the City's Land Development Regulations
in October, 1990, the Planning and Zoning Board recommended that the property be
rezoned from LC (Limited Commercial) to RM (Medium Density Residential).
However, during City Commission consideration, the property owners requested and
received an NC (Neighborhood Commercial) zoning designation to accommodate a
proposed Food Lion grocery store. Concurrent with the rezoning action, the City
Commission amended the NC zone district to allow a maximum single user floor area
of 35,000 sq. ft. A site plan for the grocery store was submitted but not approved and
the project was never built.
On October 18, 1993, the Planning and Zoning Board reviewed and recommended
approval of changes to the NC zone district regulations. These changes included a
reduction of intensity by reducing the maximum lot size from 4 acres to 2 acres, and
reducing the maximum area allocated to each type of principal use from 35,000 sq. ft.
to 10,000 sq. ft. The City Commission approved these changes on December 7,
1993.
At its meeting of January 24, 1994, the Planning and Zoning Board held a public
hearing in conjunction with a City initiated rezoning of the property from NC to RM
(Medium Density Residential). The City initiated the action as the 3.92 acre parcel
exceeded the 2 acre limit for NC and based on concerns over the appropriateness of
a commercial development adjacent to the residential neighborhood. At the public
hearing for the rezoning to RM, substantial opposition to a multifamily zoning
designation was expressed by residents of the adjacent neighborhood. The residents
supported development of the site for low-intensity non-residential uses, as opposed
P & Z Board Staff Report
Rezoning from NC and POD to CF for the Seacrest Property
Page 2
to multi-family. At that time the Board inquired as to the possibility of splitting the
property into two parcels, and applying different zoning designations. The Board then
recommended denial and withdrew the rezoning request.
On February 21, 1995, the City Commission adopted Ordinance No. 97-94 rezoning
the south 1.92 acres from NC to POD. Since that time the City, County, and School
Board have negotiated an agreement to utilize the property for the expansion of
recreational facilities to be utilized by Atlantic High School and the citizens of Delray
Beach. At its meeting of July 9, 1996, the City Commission initiated a zoning change
from NC and POD to CF for the entire parcel. The rezoning request is now before the
Planning and Zoning Board.
',',...,'.",.,""""'.."..",..."""""""",,,,,".,...'..".,...,.""""""""'.."""'.""",,,,"....'""""""".,."""""""""."""..,..",""""""""""""""""""""""".,."",,""""',,',""
.:..,..:.:.:........,..:...:.:.:.:.:.:.:.:.:.:.:.:.:.:,'.:.:.;.:.:.:.:-:.;.:.:.:.:.:.;.:.'.:.:.:.:.:.:.:.',:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.;.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.'.:.:.'.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.'.:.;.:-:.:-:.:.....:.:.:.:.:.:.:.....:.;.:-:.:.:.....:.:.:.:.:.:.:.:.'.:,','.'.:.'.:.'.:.:.:.'.:.:.:.:.:.:.:.:.',',:.:.;...;.;.;.:.:.'.;.:.;.;.;.......'.;.;.;.;.....:-:.:...:.:...;.:.:.:.:.....:.:.:.:.:.:.:...'.:.:.:.;.:.:.:.:.:.'.:.'.:.:.:.:.:.:.:.'.:.:.:.:.:.
The proposal is to rezone the 4.5 acres from NC (Neighborhood Commercial) and
POD (Professional and Office District) to CF (Community Facilities) to accommodate
development of a gymnasium as an accessory use to Atlantic High School. The
existing zoning does not permit this intended use. The appropriate zoning district to
accommodate this type of use is CF, Community Facilities. The rezoning does not
include the existing pizza shop, and convenience store at the northwest corner of
Seacrest Boulevard and Pine Ridge Road.
The proposal to utilize the property as a gymnasium is the result of the efforts of the
Seacrest Property Task Force, consisting of representatives of the School Board,
County, City and community residents. The task force was established at the City
Commission meeting of November 30, 1994 via Resolution #93-94 to address various
problems at Atlantic Community High School relating to inadequate facilities and
extremely overcrowded conditions. The task team felt that the best use for the
property would be as an expansion of recreation facilities which could be utilized by
Atlantic High School and residents. The rezoning request before the Board is to
accommodate a proposed gymnasium and related recreation facilities.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information
on the application, the staff report, or minutes. Findings shall be made by
the body which has the authority to approve or deny the development
application. These findings relate to the following fo..ur areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
P & Z Board Staff Report
Rezoning from NC and POD to CF for the Seacrest Property
Page 3
The subject property has a Transitional Future Land Use Map designation and is
currently zoned NC (Neighborhood Commercial) and POD (Professional and Office
District). The Transitional Future Land Use Map designation is applied to land which
is developed or is to be developed, for either residential or nonresidential uses. The
CF District is deemed compatible with all land use designations shown on the Future
Land Use Map. The CF zone district was created in order to provide locations for
public, semi-public, and private purposes such as health care, social service, and
special facilities. Pursuant to LDR Section 4.4.21(D)(2) schools and accessory uses
are allowed in the CF zone district. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The rezoning request is a change from commercial (NC) and office (POD) to a zoning
which is of potentially higher intensity (CF), however, level of service standards as
they relate to Water, Sewer, Drainage, and Solid Waste can be accommodated. As
the property will remain nonresidential, there will be no impact on park facilities.
However, the following information is provided as it relates to Streets and Traffic.
Streets and Traffic:
The current zoning designation of P~C and NC has the potential to generate
approximately 2,207 daily trips. The proposed zoning change to CF is to
accommodate expansion of accessory uses associated with Atlantic High School
which will result in no increase in school capacity and therefore create no additional
traffic. However, it is noted the utilization of the facility on a part time basis by the
citizens of Delray Beach will create some minimum daily traffic impacts. Given the
above the rezoning will represent a reduction in potential traffic generation from this
site.
Consistency: Compliance with the peñormance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objective was found.
P & Z Board Staff Report
Rezoning from NC and POD to CF for the Seacrest Property
Page 4
Land Use Element Objective D: To enhance the role of schools in their
neighborhoods and have the school facility aid in the goals and objectives of
other elements which are directed toward the stabilization and revitalization of
neighborhoods.
The expansion of the school will provide an investment in physical improvements upon
the land, and provide recreational opportunities that will be an asset for the adjacent
neighborhoods. The facility, while primarily serving the students of Atlantic High
School, will be available to the City of Delray Beach residents after school hours and
on the weekends.
Section 3.3.2 (Standards for Rezoning Actions): The applicable peñormance
standards of Section 3.3.2 and other policies which apply are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
Properties north, west, and south of the subject property are zoned R-1-AA (Single
Family Residential); and to the east are zoned CF (Community Facilities) and NC
(Neighborhood Commercial). The land uses adjacent to the property include the
following: north, west, and south are single family residences; and east is Atlantic
High School, Domino's Pizza, Kwik Stop convenience store, Seacrest Discount
Beverage and Grand Rental Station. The proposed rezoning to CF is to
accommodate proposed development in conjunction with Atlantic High School. This
use is considered compatible with surrounding development and as the CF district
requires greater setbacks and buffering compatibility with surrounding residential
development will be enhanced.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under
the Future Land Use Map and that it is more appropriate for the
property based upon circumstances particular to the site and/or
neighborhood.
P & Z Board Staff Report
Rezoning from NC and POD to CF for the Seacrest Property
Page 5
The applicable reason is "c". The CF zone district was created in order to provide
locations for public, semi-public, and private purposes. The CF District is deemed
compatible with all land use designations shown on the Future land Use Map. Given
the current overcrowding of Atlantic High School, the inability for the school to expand
on existing school property, and the inappropriateness of additional commercial and
office development in a residential area, a change of zoning is appropriate.
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/req uest.
No sketch plan has been submitted with the zoning request. If the zoning request is
approved, a site plan will be reviewed by city staff and the Site Plan Review and
Appearance Board.
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The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA
(Community Redevelopment Agency).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. In addition, courtesy notices were provided to the following
homeowner's associations:
o Del-Ida Park
o lake Ida
o Seacrest
letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning of the subject property to CF accommodates an expansion of
Atlantic High School to the east for recreational purposes which will benefit both the
school and the general public. The rezoning from POD (Planned and Office District)
and NC (Neighborhood Commercial) to CF (Community Facilities) is consistent with
policies of the Comprehensive Plan, Chapter 3 of the land Development Regulations,
P & Z Board Staff Report
Rezoning from NC and POD to CF for the Seacrest Property
Page 6
and Section 2.4.5(0)(5) (Rezoning Findings), in that the rezoning is more appropriate
given the circumstances particular to the site and the surrounding neighborhood.
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A. Continue with direction.
B. Recommend approval of the rezoning request from NC and POD to CF,
based on positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Section 2.4.5(0)(5)
(rezoning findings), and the City Comprehensive Plan.
C. Recommend denial of the rezoning request from NC and POD to CF,
based on a failure to make a positive finding with Section 2.4.5(0)(5), as
the rezoning fails to fulfill one of the valid reasons for seeking a rezoning.
Recommend approval of the rezoning request from NC (Neighborhood Commercial)
and POD (Professional and Office District) to CF (Community Facilities), based upon
positive findings with respect to policies of the Comprehensive Plan, Chapter 3 of the
Land Development Regulations, and Section 2.4.5(0)(5) (Rezoning Findings).
Attachments:
a Location/Zoning Map
a Survey
filename: u:\grahamc\pzrep\seacrest.doc
MEMORANDUM
ro: MAYOR AND CITY CCMMISSIONERS
FRCM : DAVID T. HARDEN, CITY MANAGER fìt'(
SUBJECT : AGENDA ITEM # I ~ c... - REGULAR MEETING OF ccroBER 1, 1996
FIRST READING FOR ORDINANCE m. 44-96 (SANIX:MAY HOUSE REZONING)
DATE : SEPTEMBER 27, 1996
'!his is first reading for Ordinance No. 44-96 which rezones the Sandoway
House property from RM (Medium Density Residential) to CF (Community
Facilities) District. '!he property is located on the west side of South
Ocean Boulevard, between Sandoway Park and Ingraham Park, and contains 0.36
acres.
In July, 1995, the City and Palm Beach County entered into an inter local
agreement for the purchase of the subject property in order to preserve the
historic house by converting it to an environmental/marine education
center. We also entered into a 25-year lease agreement with the County,
which became effective wi th the County's acquisition of the property on
August 10, 1995. In April, 1996, the City entered into a conceptual
approval agreement with Florida Communi ties Trust to obtain funding for the
purchase of the Sandoway House, and in June of this year, a management
agreement and sub-lease agreement between the City and the Friends of
Sandoway was executed. A management plan for the Sandoway House is being
prepared as well as a proposal to designate the property as an historic
site.
'!he existing RM zoning does not permit the intended use as a nature center.
'!here fore , on September 3, 1996, the City Commission initiated rezoning of
the property to CF (Community Facilities).
'!he Planning and Zoning Board considered this matter at public hearing on
September 16, 1996, and voted unanimously to recarunend that the rezoning be
approved, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Developnent Regulations, policies of
the Canprehensive Plan, and LDR Section 2.4.5{D) (5) (b).
Recarunend approval of Ordinance No. 44-96 on first reading, based upon the
findings and recarunendations of the Planning and Zoning Board. If passed,
a quasi-judicial/public hearing will be scheduled for October 15, 1996.
t~~ 5-0
ref: agrnemo8
,
- --,- ~ - ~n -_.- ~
Ii -- --.
Ii ORDINANCE 00. 44-96
¡ AN QRDINAl'a: OF THE CITY CG1MISSION OF THE CITY OF
I
i
t DELRAY BEACH , FWRIDA, REZONING AND PLACING LAND
, PRESENrLY ZœED RM (MEDIUM DENSITY RESIDENTIAL)
I DISTRICT IN '!HE CF (CXJ.1MUNITY FACILITIES) DISTRICT¡
: SAID LAND BEING c:cHDNLY KlœN AS 'mE SANDC:MAY HOUSE 1
UX'ATED AT 142 SOOrH OCEAN BOULEVARD , AS MJRE
t PARTICULARLY DESCRIBED HEREIN¡ AND AMENDING "ZONING MAP
¡
OF DELRAY BEACH, FLORIDA, 1994" ¡ PROVIDING A GENERAL
REPEALER CLAUSE I A SAVING CLAUSE 1 AND AN EFFECTIVE
DATE .
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the Ci ty of Delray Beach, Florida, dated April,
, 1994, as being zoned RM (Medium Density Residential) District; and
I WHEREAS, at its meeting of September 161 1996, the Planning and
I
Zoning Board for the City of Delray Beach, as Local Planning Agency,
~ considered this item at public hearing and voted unanimously to recommend
i approval of the rezoning, based upon posi ti ve findings ¡ and I
I
ì WHEREAS, it is appropriate that the Zoning District Map of the
I-
City of Delray Beach, Florida 1 dated April, 1994, be amended to reflect the
i revised zoning classification.
I
~, THEREFORE, BE IT ORDAINED BY THE CITY cx:J.1MISSION OF THE CITY
OF DELRAY BEACH 1 FIJJRIDA, AS FOLlCMS:
\ Section 1. '!hat the Zoning District Map of the City of Delray
i Beach, Florida, dated April, 1994, be, and the same is hereby amended to
;
I reflect a zoning classification of CF (Canmunity Facilities) District for
I the following described property:
I,
Canmencing at the intersection of the Westem boundary
¡. line of Ocean Boulevam (state Road ~) with the i
: North line of Beach wt 24, Plat of th f ctional East I
Half (E 1/2) of Section 16, 'I'cMnship 46 outh, Range 43
East 1 according to the Plat thereof as recorded in Plat
Book 1 at Page 25 of the Public Records of Palm Beach
County , Florida; thence Southerly along said West I
I
boundary line of Ocean Boulevard, a distance of 27.16 I
feet to the Point of Beginning; thence Westerly I
parallel to said North line of Beach wt 241 a distance I
of 215.06 feet to a point; thence Southerly making an I
angle with the preceding course of 91 degrees 37' !
measured frem East to South¡ thence 73.03 feet to a
point; thence Easterly parallel to said North line of
\
I
, ,
I ~-- -
Beach Lot 24, a distance of 209.01 feet to a point i
said point :being in Western boundary line of Ocean
Boulevard; thence Northerly along said boundary line a
distance of 73.46 feet to the Point of Beginning.
¡ '!he subject property is located on the west side of
Ii South Ocean Boulevard (A-1-A), between Sandoway Park
and Ingraham Park (142 South Ocean Boulevard) ;
r containing 0.36 acres, more or less.
I, Section 2. That the Planning Director of said City shall, upon
¡ the effective date of this ordinance, amend the Zoning Map of the City of
I Delray Beach, Florida, to conform with the provisions of Section 1 hereof.
I: Section 3. That all ordinances or parts of ordinances in
I conflict herewith :be, and the same are hereby repealed.
Section 4. That should section provision of this
any or
ordinance or any portion thereof, any paragraph, sentence, or word :be
declared by a court of competent jurisdiction to :be invalid, such decision i
I shall not affect the validity of the remainder hereof as a whole or part
I thereof other than the part declared to be invalid.
i
i
! Section 5. That this ordinance shall become effective
I· immediately upon passage.
PASSED AND AOOPI'ED in regular session on second and final reading
t on this the day of , 1996.
)
I
MAYOR
A'ITEST:
I
City Clerk
I
i. First Reading
I:
I
Second Reading
ì
I
I
!
I
¡
I
:
I¡ ;
- 2 - Ord. No. 44-96 I
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PlANNINC OCPART"'CNT REZONING FROM: MEDIUM DENSITY RESIDENTIAL (RM) TO: COMMUNITY FACILITIES (CF)
CI TY ex O{lRA Y DC ACIf. rl
- - OIC/TAl /JASC AMP St'STO.t - - w.N' RCr: l"'087
CI(
[f:11,1
TO:
THRU:
FROM: Y A. COSTEllO
R PLANNER
SUBJECT: MEETING OF OCTOBER 1, 1996
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO
CF (COMMUNITY FACILITIES) FOR THE SAN DOWA Y HOUSE.
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The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 0.36 acre parcel from RM
(Medium Density Residential) to CF (Community Facilities).
The subject property is located on the west side of South Ocean
Boulevard (A-1-A), between Sandoway Park and Ingraham Park
(142 S. Ocean Boulevard).
t=:::::::::::i:::::¡¡::~::::::::::¡:¡::::::¡::':'::,:;::¡::;::::'::::::::::,'i¡::¡;::':;::::;¡.::::¡:;::¡:::::::::¡::::i:::::::::::::i:¡:::¡:;:::::'::,:::::::::,;;':;¡:::III,IÎllill:::::::::::::j:::::¡:::::::;;:':::::::::::¡:j:::;\::¡::::~¡::::::::::::::::::::¡::::::i:::::::::::¡::::::::::::::::::::::::::::::,:::::::::::::::::::::'¡:::::::::::::;:::"I
The proposal incorporates an unplatted parcel of land consisting of 0.36 acres
and a vacant single family home with a swimming pool.
The proposal is to rezone the property from RM (Medium Density Residential) to
CF (Community Facilities). The rezoning is being processed to accommodate
the Sandoway House Nature Center. The development proposal is to convert
the existing 2,014 sq.ft. single family structure to a nature center with
meeting/class rooms, a variety of educational displays and activities regarding
the beach and ocean ecosystems.
City Commission Documentation
Meeting of October 1, 1996
Rezoning from RM to CF for the Sandoway House
Page 2
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
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At its meeting of September 16, 1996, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. There was no public
testimony regarding the rezoning. After reviewing the staff report and discussing
the proposal, the Board voted 7-0 to recommend that the rezoning be approved,
based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and
LDR Section 2.4.5(D)(5)(b).
I::::':::::::::':::::::::::::::,',"'::·:,:,:::,:::::':::::::::,:::::::,::,:::¡::::::::::,:::::::,[::::::::::::i::::::':::::=::::::jj':::'::=::i:IIIÎI.I,ljill::,.IÎJIH:,:::,:::::::::,¡::¡::::::::::::::::::¡':::::::::::'::::::j:::.:j:::::::::::::'::j::'::::::::::¡::::,:j:::::::::j::::::::::::::::::,=,,=::::::::,,~
By motion, approve on first reading the ordinance for the rezoning of the
Sandoway House from RM (Medium Density Residential) to CF (Community
Facilities) based upon the findings and recommendation by the Planning and
Zoning Board, and setting a public hearing date of October 15, 1996.
Attachments:
[J P & Z Staff Report and Documentation of September 16, 1996
[J Ordinance by Others
". '
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: September 16, 1996
AGENDA ITEM: V.D. .
ITEM: City-initiated rezoning from RM (Medium Density Residential) to
CF (Community Facilities) for the Sandow8:Y ..House, located on
the west side of S. Ocean Blvd. (A-1-A), betWeen Sandoway Park
and Ingraham Park.
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GENERAL DATA: '- -:= µ
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Owner/Applicant......................... Palm Beach County c I.J:
Agent.......................................... David T. Harden, City Manager _ A1l.ANllC :IT n ^rrrVETfNUE CI
City of Delray Beach li 0
Location..................................... West side of S. Ocean Blvd., - f- _ __ rr
between Sandoway Park and ~ LoJ
Ingraham Park. - E:J-=1"-
Property Size.............................. 0.36 Acres '-I R ;
Fut~re L~nd Use Map .... TI I I'"
DesIgnation................................. Medium Density ResIdentIal 5-12 , fml :::::
units/acre UllJ I I J~ !
Current Z.oning............................ RM (Medium Density Residentialr _ 1111111 ;
P d' Z . CF (C .ty F ·I·ti ) OŒAN PLAC£ ..
ropose omng........................ ommunl aC11 es CONDO
Adjacent Zoning................North: OS (Open Space) --I ;
East: OS -I - ~ I I I ~~
~~:œ ~ ~
West: RM - I I
Existing Land Use...................... Vacant 2,014 sq.ft. single family = ~ ~OŒAH 1ERIl ~ I
house with a swimming pool and - lC
storage shed. _ HI AS SIAlu ST.
Proposed Land Use.................... Conversion of the existing single - CIIJ]]]J fITITIT81
family house to a nature center. ~CIIJIIJJ
Water Service............................. Existing on site. - ~ŒEY STREET I ~
S S· Ex· t· ·t - t3
ewer ervlce............................ IS Ing on Sl e. _ 0
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The item before the Board is that of making a recommendation on
a city-initiated rezoning from RM (Medium Density Residential) to
CF (Community Facilities) for the Sandoway House, pursuant to
LOR Section 2.4.5(0). .
The subject property is located on the west side of South Ocean
Boulevard (A-1-A), between Sandoway Park and Ingraham Park
(142 S. Ocean Boulevard).
The proposal incorporates an unplatted parcel of land consisting of 0.36 acres
and a vacant single family home with a swimming pool. The existing Colonial
Revival Resort style single family home was constructed in 1936, with an
addition and swimming pool constructed in 1966, and a shed in 1977.
On July 18, 1995, Palm Beach County and the City of Delray Beach entered into
an interlocal agreement for the purchase of the subject property, in order to
preserve the historic house by converting it to an environmental/marine,
education center. On July 25, 1995, the County and City entered into a 25-year
lease agreement, which became effective with the açquisition of the property by
,the County on August 10, 1995. On June 24, 1996, a management agreement
and sub-lease agreement between the City and the Friends of Sandoway was
executed. On April 5, 1996, the City entered into a conceptual approval
agreement with Florida Communities Trust, to obtain funding for the purchase of
the Sandoway House. A management plan for the Sandoway House is currently
being prepared as well as a proposal to designate the property as an historic ,
site.
The existing zoning, which is RM, does not permit the intended use aS,a nature
center. Therefore, on September 3, 1996, the City Commission initiated
rezoning of the property to CF (Community Facilities) which is now before the
Board for action.
.... .: ::i!lf.lit¡II*~~·;:;~iS.1§I~li:~:i&t~;il.ltl~I1J.[I:lltl:::Ρ:::!r~~:~~¡::~~!~:::~~~i!~1i¡t~t1::]¡¡¡¡¡i~lf~¡f::
The proposal is to rezone the property from RM (Medium Density Residential) to
CF (Community Facilities). The rezoning is being processed to accommodate
the Sandoway House Nature Center. The development proposal is to convert
the existing 2,014 sq. ft. single family structure to a nature center with
meeting/class rooms and a variety of educational displays and activities
regarding the beach and ocean ecosystems.
"
'.'
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 2
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to,the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
land Development Regulations.
FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The subject property has a Future Land Use Map designation of Medium Density
Residential 5-12 du/ac and is currently zoned RM (Medium Density Residential).
Pursuant to LOR Section 4.4.21(A)(Purpose and Intent), the CF zone district is a
special purpose zone dis!rict primarily intended for locations at which facilities
are provided to serve public, semi-public, and private purposes. The proposed
'CF (Community Facilities) zoning designation is deemed consistent with all
'Future Land Use Map designations. Within the CF zone district, community
services such as a nature center is allowed as a permitted use [LOR Section
4.4.21 (B)(2)]. Based upon the above, a positive finding can be made with
respect to consistency with the Future Land Use Map designation.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Water & Sewer:
a Water service currently exists via a service lateral connection to a 2" main
within Coconut Row.
a Adequate fire suppression is provided via an existing fire hydrant on the
east side of Ocean Boulevard, approximately 300 feet north of the site,
and along the north side of the Sandoway Park parking area.
0 Sewer service currently exists via a service lateral connection to a 6" main
within Coconut Row.
.,
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 3
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water
Treatment Plant for the City at build-out. Based upon the above, positive
findings can be made with respect to this level of service standard.
-
Drainage:
With rezoning requests drainage plans are not required. The site is developed
and contains a 2,014 sq.ft. single family home with a garage, swimming pool,
shed, and an asphalt drive. The drainage is currently retained on-site site via
sheet flow to landscape areas. The rezoning will not negatively impact this
existing situation. With any future development to provide additional impervious
areas i.e. parking, a drainage plan must be submitted which complies with South
Florida Water Management District criteria.
Traffic:
Under the current RM zoning, the maximum development potential would be 4
multiple family dwelling units generating 28 average daily trips. With the
proposed CF zoning district, the maximum development potential would
generate vehicular trips- similar to office and commercial developments.
However, the proposal is to convert the existing residence to a nature center.
"During weekdays, the nature center will generate våhicular trips comparable to
an RM-zoned development, with an increase to occur on weekends which
coincides with weekend activities at the Municipal Beach. Thus, the rezoning will
not have an impact with respect to traffic concurrency. With the submittal of a
site plan, a traffic study/statement will be necessary.
Parks and Recreation:
This standard is not applicable as the proposal will add an additional 0.36 acres
to the City's parks and recreation facilities.
Solid Waste:
Trash generated each year from uses allowed in the proposed CF (Community
Facilities) zoning district will be typically greater than or equal to trash generated
by the uses allowed in the current RM (Medium Density Residential) zoning
district. However, trash generated each year by the proposed 2,014 sq.ft. nature
center will be 1.6 tons (1.6 pounds per square foot) whereas the existing single
family residence generates 1.99 tons per year. Thus, the rezoning of the
property to CF should not create an adverse impact on this level of service
standard.
~
" .
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 4
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives and policies were found.
Coastal Management Element Objective C-1 - The retention, rehabilitation,
and protection of historic resources as provided for in the City's Historic
Preservation Ordinance shall continue to be applied in the Coastal Zone.
The existing 1936 Colonial Revival Resort style single family home is historically
significant. The development proposal is to convert the existing structure to a
nature center which will provide for its preservation and adaptive re-use. Thus,
this objective has been met.
.Coastal Management Element Objective D-2 - 'There shall not be any
development upon the barrier island which shall reduce hurricane
evacuation time beyond its present level or which shall lower the level of
service at the intersections of A-1-A and Atlantic Avenue; N.E. 8th Street
and A-1-A; or at Linton Boulevard and A-1-A.
.
The intersection which will be affected by the development proposal is that at
Atlantic Avenue and A-1-A, which is currently operating at level of service B.
The conversion of the existing single family residence to a nature center will not
lower the level of service for this intersection. Further, as the nature center will
not increase the population on the barrier island, it is not considered to have an
impact on hurricane evacuation time. Based upon the above, compliance with
this objective has been met.
Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall
be limited and/or restricted in stable residential areas.
The subject property is located within a stable residential area, with access taken
from Ocean Boulevard (A-1-A), which is a state minor arterial. As A-1-A is an
arterial, there is naturally through- and non-residential traffic. Ocean Boulevard
provides access to the beach as well as the City's oceanfront parks and parking
,,'
.,
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 5
lots. Thus, the traffic impacts of the nature center should not exacerbate those
which currently occur in this area.
Traffic Element Policy D-2.2 - Bicycle parking and security facilities shall
be required on all new development which occurs past June 1, 1990. [LDR
Section 4.6.9(C)(1)(c))
Improvements to the Sandoway House must include the installation of a bicycle
rack. This policy will be addressed with the site plan submittal.
Section 3.3.2 (Standards for Rezoning Actions): Standards Band C are not
applicable. The applicable performance standard of Section 3.3.2 are as
follows:
A) That a rezoning to other than CF within stable residential areas shall
be denied.
The property is located within an area designated as Stable on the
Neighborhood Categorization Map. As the rezoning is to CF, this
standard has been met.
(D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and ·:nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The properties to the north, south, and east are zoned OS (Open Space),
and to the west is zoned RM (Medium Density Residential). The adjacent
land uses include the following: north of the property is Sandoway Park;
south is Ingraham Park, city-owned parking lot; east, across South Ocean
Boulevard, is the Municipal Beach and its dune system; and, west is a
single family residence.
Compatibility with the adjacent residential properties is not a concern as
the property is surrounded on 3 sides by city-owned property, Le.
Sandoway and Ingraham Parks, and the Municipal Beach. The existing
structure will retain its residential character and will be landscaped. The
subject prope~ is separated from the residential property to the west by a
6' high concrete block wall. The hours of operation will correspond with
the adjacent parks and municipal parking areas which are normally 8:00
a.m. until dusk, with peak demands from 12:00 p.m. to 5:00 p.m.
.
.
.
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 6
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change. is being sought
These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The basis for which the rezoning should be granted relates to Item "b". This
request for rezoning to CF (Community Facilities) is being sought as there has
been a change in circumstances which make the current RM zoning
inappropriate. The existing single family house has historical, architectural, and
economic significance and therefore has been purchased by Palm Beach County
,and leased to the City to be utilized as a nature center. Under the current RM
zoning nature centers are not allowed, thus it is necessary to rezone the property
to CF which is consistent with any Future land Use Map designation.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
"
The property contains a 2,014 sq.ft. single family residence with a storage shed
at the northwest corner of the site and a swimming pool at the southwest corner
of the site. With review of the rezoning petition, a site visit was condu.cted and
did not reveal any code violations. Any future development of the site will require
processing of a site plan and compliance with the applicable land Development
Regulations. The City will provide additional parking at Sandoway and Ingraham
Parks. There are no problems anticipated complying with the land Development
Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency (CRA), Downtown Development Authority
(DDA), or the Historic Preservation Board (HPB).
.'
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 7
Public and Courtesy Notices:
Formal public notice has been provided to property owner~. within a 500' radius
of the subject property. Courtesy notices have been provided to the following
civic and homeowners associations:
o Friends of Sandoway
o Beach Property Owners
1:1 Nassau Street Historic District
Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
.lîtir,r.!~~~~~f.î~¡jll~§i§!~il¡§~tlj¡i.M~I~¡I~m~mll\I.M.lm'fliI1I1HI11¡~~~lm¡~f,Wá~mti~M~j¡~~~~~j¡¡¡)¡¡
The rezoning from RM (Medium Density Residential) to CF (Community
Facilities) is consistent with the policies of the Comprehensive Plan and Chapter
3 of the Land Development Regulations. The proposed CF zoning designation is
consistent with the underlying Medium Density Residential 5-12 du/ac land use
designation. Also, positive findings can be made with respect to LDR Section
2.4.5(D)(5)(b) (Rezoning Findings), that the CF is more appropriate as there
-'have been a change of circumstances that make the existing RM zoning
inappropriate. Conversion of the existing 1936 Colonial Revival Resort style
structure will enable the preservation of a building that has historical, political,
architectural and economic significance for the education of future generations.
Compatibility is not a concern as the property is bordered on 3 sides by city-
owned properties, and is separated by the residential property to the west by a 6'
high concrete block wall.
~...: ::.~li¡¡~l.l~i~~i¡¡¡~j¡~~¡¡m¡j¡fllll~tltlj¡¡I~jltl~IB.!41.li1[~IJlil!~itf¡¡¡¡t¡r~¡~¡~ii~1t\~l~fr¡~í.1¡¡~¡j1~j!¡¡~~~¡¡~j¡::
A. Continue with direction.
B. Recommend approval of the rezoning request from RM (Medium Density
Residential) to CF (Community Facilities) for the Sandoway House based
upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive
Plan, and LOR Sections 2.4.5(D)(5)(b).
C. Recommend denial of the rezoning request from RM (Medium Density
Residential) to CF (Community Facilities) for the Sandoway House based
upon a failure to make [positive findings with respect to LOR Section
#
.
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 8
2.4.5(0)(5), that the rezoning fails to fulfill one of the valid reasons for
seeking a rezoning.
Recommend to the City Commission approval of the rezoning request from RM
(Medium Density Residential) to CF (Community Facilities) for the Sandoway
House based upon positive findings with respect to Chapter 3 (Performance
Standards) of the land Development Regulations, policies of the Comprehensive
Plan, and lDR Sections 2.4.5(D)(5)(b).
Attachments:
0 locationlZoning Map
0 Survey
This Staff Report prepared by: Jeff Costello. Senior Planner
.
·'
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MEMORANDUM
'10: MAYOR AND CITY cæMISSIONERS
FRCM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1tJ.. D - REGULAR MEETING OF OOIOBER 1 , 1996
FIRST READING FOR ORDINAOCE W. 45-96 (SEASONAL FARMER'S MARKET
AS AN A!.Ia'lABLE TEMPORARY USE)
DATE : SEPTEMBER 27, 1996
This is first reading for Ordinance No. 45-96 which amends LDR Section
2.4. 6(H), "Temporary Use Permit", by adding I Seasonal Farmer's Market' as a
temporary use that could be approved by the City Commission, subject to
locational and other restrictions.
In July of this year, the Commission considered an LDR amendment that
provided a definition for 'Farmer I s Market I and added it as a conditional
use in the Old School Square Historic Arts District (OSSHAD). There were
concerns with this proposal related to the ability to satisfactorily
control such a use as well as the products that would be offered for sale.
Commission denied the proposed amendment on first reading.
The current amendment has the effect of allowing the market under specific,
limi ted circumstances which should afford the types of controls the
Commission is seeking. The use would only be allowed in the City's
Transportation Concurrency Exception Area ('ICEA ) as indicated on the
attached map. It must be sponsored by the CRA, Joint Venture or similar
agency, and can only operate one day a week during the growing season
(November through May). The products to be sold are limited as described
in the ordinance. Approval is by the City Commission, which will establish
the times and dates of the market I S operation.
The Planning and Zoning Board considered this item on September 16, 1996,
and voted unanimously to reconunend that the proposed amendment be approved.
Recommend approval of Ordinance No. 45-96 on first reading. If passed, a
public hearing will be scheduled for October 15, 1996.
p~ 6/0
ref: agmemo10
-
- -- - .
, --.--
1
I ORDINANCE NO. 45-96
I, AN ORDINANCE OF '!HE CITY CCI>1MISSlOO OF '!HE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 2.4.6, "PROCEDURES FOR
OBTAINIOO PERMITS AND APPROVALS" , SUBSECTIOO 2.4.6(H),
-TEMPORARY USE PERMIT" , OF '!HE LAND DEVELOPMENr
I' REGULATIONS OF '!HE CITY OF DELRAY BEACH , BY ADDIOO
I' 'SEASONAL FARMER'S MARKET I AS AN .AI...UJiABLE TEMPORARY USE,
I AND PROVIDlOO FOR CERTAIN RESTRICTIONS ¡ PROVIDING A
¡ GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
I
WHEREAS, pursuant to LDR Section 1.1. 6, the Planning and Zoning
i
: BoaJ:d reviewed the subject matter at its meeting of September 16, 1996, and
¡ voted unanimously to foxward the change with a reconunendation of approval¡
! and
I WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
I
¡ and Zoning Board, sitting as the Local Planning Agency, has determined that
the change is consistent with and furthers the objectives and p:>licies of the
I
I¡ Canprehensive Plan. I
I, 1:0'1, THEREFORE, BE IT ORDAINED BY THE CITY CCI>1MISSIOO OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLCMS:
,
¡, Section 1. That Chapter 'IWo, "Administrative Provisions", Article
t 2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permi ts
and Approvals" , Subsection 2.4.6{H), "Temp:>rary Use Permit", of the Land
, Developnent Regulations of the City of Delray Beach, Florida, be, and the
, same is hereby amended to read as follows:
(H) Temp:>rary Use Permit: A temp:>rary use permit shall be
required for any of the uses listed below. '!he granting authority of each
use is as shown.
1. Circuses or Carnivals -- City Camdssion
¡ 2. Uses under a Tent -- City Canrnission
3. Sales Offices and Models at a residential developnent
site -- Chief Building Official
¡ 4. Construction trailers and canp:>unds -- Chief Building
Official
5. City Operated Facilities -- City COmmission
6. Seasonal Farmer's Market -- City COmmission
(1) Rule: No temp:>rary use shall be allowed except as
provided in this subsection (H) or as otherwise provided for in these
regulations.
r
I
I
I
I
, ,
\
11 (2) lœquired Information: A request for a temporary
I: use
shall be made via letter to the granting authority. '!he letter shall contain
I' the following information, as applicable to the use being requested.
¡,
I (a) Name of petitioner
I
i
: (b) Name of property owner and consent therefran
(c) Location of site
i ~ (d) Purpose, acti vi ty to be conducted
I (e) Period of use
(f) Proof of abili ty to connect temporary electric
i: services (see Article 7.2)
"
I' (g) Proof of ability to provide toilet facilities for
both men and WOOlen on the premises, subject to
approval of the County Health Deparbnent
(h) How foodstuffs are to be handled
In addition, for circuses and carnivals, the following is required:
(i) The nature of the advertising or pranotion activity
to be conducted for the circus or carnival
(j) Proof of whether or not the applicant, or the
individual identified as having the management
authority or supervision of the circus or carnival,
has been convicted of any crime or misdemeanor and,
if so, the nature of each offense and the penalty
assessed for each offense
¡ (k) If specifically required, copies of all printed
!
advertising proposed to be used in promoting the use
I
(1) If specifically required , credentials from the
II person, if any, for which the applicant proposes to
do business, authorizing the applicant to act as
! such representative
,
I'
! (3) Regulations and Restrictions:
I,
!
(a) Uses under a Tent:
I 1:.. /1.J '!he use of a tent, or tents, shall only be as
I
i follows:
I
n !..:.1 The sale of seasonal items which, when
i protected fran the sun, provides for a less
, hazardous product for public use (Le.
i' Christmas tree sales);
- 2 - Ord. No. 45-96
¡
I
1 I
i
B..:J Assembly occupancies to protect the public from
the elements;
I' £J The use of tents for retail sales or other
¡! canrnercial use is prohibited, except as
othel:Wise permitted in this section.
¡ .h i1.1.l The tent and site shall canply with the
I'
I, following:
V The tent shall be approved by the Fire Marshal
for fire resistance.
B..:J Adequate fire protection equipnent, in a type
and capacity as approved by the Fire Marshal,
shall be provided on the premises at all times.
i
¡: £:J Payment of a permi t fee [2.4.3(K)) and a
I,
Ii deposit of $50 which shall be returned upon
determination by the Chief Building Official
¡: that all debris resulting from the use has been
I removed fran the site.
i y Obtaining of permits for electrical and health
and sanitation facilities, as applicable.
i (b) Circuses and Carnivals:
!
t
I L 1.7-1 An investigation of the applicant's business
i,
t reputation shall be conducted by the City and
i the request shall not be approved if such
investigation discloses tangible evidence that
the conduct of the circus or carnival would
pose a substantial threat to the public health,
safety, morals, or general welfare.
, .h 1.7-7-1 Permits for electrical and health and
,
I
i sanitation facilities, as applicable, shall be
I obtained .
\1
I·
!: .i£l Seasonal Famer I s Market:
¡ L A faDner I s market may be permitted wi thin that
I: portion of the City's Transportation
Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of
L downtown revitalization, subject to the
il followinq restrictions:
i I
I' I
I
I
" - 3 - Ord. No. 45-96 ¡
\ I
I
, I
-
I !..:.. The market must be s1X>nsored by the
I Canmuni ty Redevelopnent Agency, the
, Downtown Joint Venture, or other agency
! which is formulated for the purposes of
I' econanic developnent as approved by the
! City Commission.
!'
Ii 12.:. Operation of the market is to be limited
, to the qrowing season (generally, November
I
f through May) , but not more than one day
I per week, unless specifically authorized
by the City Commission. The Commission
i shall establish the specific days and
¡,
I: hours of operation, as well as the
i duration of the temporary use permit.
~ Products to be sold shall consist of
agricul tural produce, plants and flowers;
baked goods¡ and cheeses. The Canmission
: may also at its discretion approve the
I limited sale of related products such as
handmade crafts , prepared foods, and
promotional items bearing tr.e r.ame of the
I, City and the market. The sale of such
I addi tional items, if approved, shall be
,
1 limited to a specific munber or percentage
of the total vendors.
I
I' .9.:- The Canmission may approve the design
1
elements of the market (i.e. site layout,
types of tentsjbooths to be erected,
etc. ), or may defer such elements to the
Site Plan Review and Appearance Board
I, (SPRAB) or the Historic Preservation Board
I' (HPB) as appropriate. All elements must
compl y with applicable health, safety and
fire codes.
I !
,
ì Permits for electrical and health and
I e.
t. sani tation facili ties, as applicable, ,
[! shall be obtained. I
[I ì
" I
I: (4) Procedures: Upon receipt of all required information,
the granting authority shall take the request under consideration and upon
i assurance that all applicable regulations and requirements will be met, the
¡
"
authori ty shall issue a temporary use permi t for a period of time as
specified. in the permit.
- 4 - Ord. No. 45-96
, ,
,- _.-'-',..
I
i
I
I Section 2. '!bat all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
I'
¡: Section 3. '!bat should any section or provision of this ordinance
II or any portion thereof, any paragraph, sentence I or word be declared by a
I
I¡ court of cœpetent 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.
i Section 4. '!hat this ordinance shall becœe effective inunediately
I upon passage on second and final reading.
PASSED .AND AOOPl'ED in regular session on second and final reading
on this the day of , 1996.
¡.
..
!!
MAYOR
, ATTEST:
I,
I
n
!'
city Clerk I
First Reading
I
Second Reading
,
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I!
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- 5 - Ord. No. 45-96
¿x
r;zA-1
I
TO: DAVID T. HARDEN
CITY MANAGER
ÛAÁ~ ~~~?o
FROM: DIANE DOMINGUEZ, DI C OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 1, 1996
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 2.4.6(H), TEMPORARY USE PERMIT TO ADD "SEASONAL
FARMER'S MARKET" AS AN ALLOWABLE TEMPORARY USE.
~::::::::::,:::::,:::::::,¡:::::::::::::::::::::::::::::::,::::::::::::::::,::::::::,::,::'::::::¡:::::::::::::III1III:i:llgl!§.I.::lltJli:::IIIIID"B:':::::,::::¡:¡:¡:::::::¡¡:::::¡::::::::¡::::;:::::':::::":::::,::::,¡::::,::,::'::::::::,:::::::':::;;,::::::::I
The action requested of the City Commission is that of approval of the amendment to
LOR Section 2.4.6(H). The amendment would add "Seasonal Farmer's Market" as a
temporary use that could be approved by the City Commission, subject to locational
and other restrictions.
The Downtown Joint Venture is proposing to establish a farmer's market in the parking
lot behind the offices of the Community Redevelopment Agency (CRA).
In June of this year, P & Z staff processed an amendment to the LDRs that provided a
definition of a Farmer's Market, and added it as a conditional use in the OSSHAD
district. When the amendments were presented to the City Commission, Commission
members expressed reservations about adding the use to the OSSHAD zoning district.
They were concerned that there could be numerous other requests forthcoming to
establish farmer's markets, and that there wouldn't be sufficient controls on the types of
items that could be sold. The LOR amendments were denied on first reading.
In response to those concerns, staff drafted the attached amendment, which is
described below.
City Commission Documentation
LDR Amendment Re: "Seasonal Farmer's Market"
Page 2
Section 2.4.6 of the LDRs allows the City to approve certain temporary uses, such as
seasonal sales of Christmas trees and pumpkins; construction trailers; circuses and
carnivals, etc. The length of time that such uses can operate varies, and is usually
established at the time of approval. The revised amendment would add "Seasonal
Farmer's Market" as a use that could be allowed on a temporary basis, for the purposes
of downtown revitalization. The use would only be allowed within the City's TCEA
(Transportation Concurrency Exception Area--see attached map), it must be sponsored
by the CRA, Downtown Joint Venture, or similar agency, and could only operate one
day a week during the growing season (November through May). The products to be
sold are limited as described in the amendment. Approval is by the City Commission,
which will establish the times and dates of the market's operation.
This amendment has the effect of allowing the market under specific, limited
circumstances, which should afford the types of controls the Commission is seeking.
The one thing that it would not provide for is an advertised public hearing, however, the
Commission could choose to take public testimony during consideration of a request.
As it would only be permitted in areas that are primarily commercial in nature, it is not
expected to have an impact on residential neighborhoods.
The attached draft includes all of LDR Section 2.4.6. The changes regarding the
market are shaded and underlined.
1:::,:·:::":::;::::::,::,\:;-:,::,::::::::::::::\\,:,;,:,::,:::::.:::::,::,::I.IN~61::ìilg:"lllfÎÎ:::'IIÎrt;.:::IIÎI'II.1I116:::::::::::::::::::::::::::,:::::::::::::::::::::::::::;::::::::::'::::':':;:":""",1
The P & Z Board considered this item at its meeting of September 16, 1996. There was
no public testimony concerning the amendment. The Board voted unanimously to
recommend approval of the amendment as proposed.
I::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'::::::::::::::::::::::::::::,:::;::::::::::::':::,::,:::::'::::::::::;;-:::::::::::::::.:::;,::,:':,:;,::11111111111:,1111111::::,:::::::;:::;::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::':::::::::::::::::::::::::::::::::::,::::::::'::::,:::::;'::::':::::I:;'::,,:::'::1
By motion, approve the attached amendment to the LDRs adding "Seasonal Farmer's
Market" as a permitted temporary use under Section 2.4.6(H).
Attachments:
. Proposed amendment to LDR Section 2.4.6(H)
. TCEA Map
Amend Section 2.4.6 (H) as follows:
(H) Temporary Use Permit: A temporary use permit shall be
required for any of the uses listed below. The granting authority of each use is
as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission
3. Sales Offices and Models at a residential development site--Chief
Building Official
4. Construction trailers and compounds -- Chief Building Official
5. City operated facilities -- City Commission
:I~:::::m::'::::m'::::::::ealiill:::m..tl"dlí?~4:::::::.::IEI"::::::::::::::::¡::::::::::::::::::::¡¡:¡:::::¡:::::::::¡¡:::::::::::::;::::::'::::::::::::::::::':::::::¡:::::;:¡
(1) Rule: No temporary use shall be allowed except as provided in this
Subsection (H) or as otherwise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be
made via letter to the granting authority. The letter shall contain the following
information, as applicable to the use being requested.
a) Name of petitioner
b) Name of property owner and consent therefrom
c) Location of site
d) Purpose, activity to be conducted
e) Period of use
f) Proof of ability to connect temporary electric service (see Article
7.2)
g) Proof of ability to provide toilet facilities for both men and
women on the premises, subject to approval of the County
Health Department
h) How foodstuffs are to be handled
In addition, for circuses and carnivals, the following is required:
i) The nature of the advertising or promotion activity to be
conducted for the circus or carnival
j) Proof of whether or not the applicant, or the individual identified
as having the management authority or supervision of the circus
or carnival, has been convicted of any crime or misdemeanor
and, if so, the nature of each offense and the penalty assessed
for each offense
k) If specifically required, copies of all printed advertising proposed
to be used in promoting the use
I) If specifically required, credentials from the person, if any, for
which the applicant proposes to do business, authorizing the
applicant to act as such representative
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
\ .
Will The use of a tent, or tents, shall only be as follows:
Q.
* ,(gl The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public use (i.e. Christmas
tree sales);
* !.b1 Assembly occupancies to protect the public from the elements.
W.(2} The tent and site shall comply with the following:
*,(gl The tent shall be approved by the Fire Marshal for fire resistance.
* !.b1 Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the premises at
all times.
*{ç} Payment of a permit fee [2.4.3(K)] and a deposit of $50 which shall
be returned upon determination by the Chief Building Official that
all debris resulting from the use has been removed from the site.
* !d.ì Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
(b) Circuses and carnivals:
W (1) An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the
circus or carnival would pose a substantial threat to the public
health, safety, morals, or general welfare.
W (2) Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
(4) Procedures: Upon receipt of all required information I the granting
authority shall take the request under consideration and upon assurance that all
applicable regulations and requirements will be met, the authority shall issue a
temporary use permit for a period of time as specified in the permit.
I ~
Cl. 4-1
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MEMORANDUM
ro: MAYOR AND CITY CCMMISSIONERS
FROM: CITY MANAGER to'~
SUBJECT: AGENDA ITEM # I~~ - REGULAR MEETING OF OC'roBER 1, 1996
FIRST READING FOR ORDINANCE NO. 46-96 (AMENDMENrS ro OFF-STREET
PARKING REGULATIONS)
DATE : SEPTEMBER 27, 1996
This is first reading for Ordinance No. 46-96 which amends LDR Section
4.6.9, IIOff-Street Parking Regulations" , by making changes to various
sections of the code. The significant changes include changes to the
compact space marking details, parking striping details and reduction in
the number of required guest parking spaces. These changes are reviewed in
the staff report. Other changes address relatively minor items such as
punctuation and format corrections.
The Planning and Zoning Board considered this item on September 16, 1996,
and voted 4 to 1 to recommend approval, with the exception of the changes
implementing single parking space striping. The Board fel t the current
double striping forced people to center their vehicles in the parking spots
thereby reducing damage to adjacent vehicles caused by the opening of
vehicle doors.
Recamnend approval of Ordinance No. 4"-96 on first reading as recommended
by the Planning and Zoning Board . If passed, a public hearing will be
scheduled for October 15, 1996.
f~ ~»
ref: agrnemo11
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TO: DAVID T. HARDEN
CITY MANAGER
FROM: PAUL DORLlNG,
PRI~IP~L PLANNER .
tluJ 4k ~\ C\
THRU: DIAtNE DOMINGU~, DIRECTO I' ~ ~~ 1/ ve
DEPARTMENT OF PLANNING A ZONING f ~
SUBJECT: MEETING OF OCTOBER 1, 1996
AMENDMENT TO LDR SECTION 4.6.9 (OFF-STREET
PARKING) ADDING PARKING LOT DIMENSIONS DETAILS,
STRIPING DETAILS, AMENDING THE GUEST PARKING
REQUIREMENTS AND OTHER MINOR MODIFICATIONS TO
RELATED SECTIONS.
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The action requested of the City Commission is approval of an
amendment to Section 4.6.9 (Off-Street Parking Regulations) of the Land
Development Regulations adding parking lot dimension details, striping
details, reducing the guest parking requirements, amending compact car
marking details and other minor modifications to related sections.
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Recently, the Planning and Zoning staff reviewed the Off-Street parking
requirements in the LOR's and came across numerous sections which were in
need of modifications. These changes included minor punctuation and format
changes, the addition of illustrations of parking lot and parking space striping
details, and changes to the compact car signage requirements. In addition to
the above, changes to both the type of parking lot striping and number of
required guest parking spaces are proposed. The significant changes include
changes to the compact space marking details, parking striping details and
reduction in the number of required guest parking spaces.
City Commission Documentation
LOR Section 4.6.9 Amendments
Page 2
Double verses Single striping parking details.
For many years the City has required double striping of parking spaces.
Recently, concerns have been raised about the additional cost of double striping
as well as the effectiveness of the detail. In September, 1995 the Engineering
Department produced a Construction Standards and Specifications document for
utilization by all development which included a standard parking detail with
single striping. The creation of this detail and the conflicting requirements for
double striping within the LDR's has created confusion in the development
community. In July of 1996 the DSMG (Development Services Management
Group) discussed parking lot striping and it was the consensus of the group to
require single striping and modification of the LDR's accordingly. The Planning
and Zoning Board has recommended against implementing this change to single
striping (see Planning and Zoning Board consideration).
Reduction in Compact car signage requirements:
The LDR's currently require all compact car spaces to have one sign for every
three spaces, a sign at each end of the parking row, and a sign on the right side
of each compact parking bay entrance. These requirements appear excessive
and would promote sign clutter. Previously approved compact spaces have
utilized alternative signing as allowed under Section 4.6.(9 (D)(7)(c) including
stenciling "compact parking" on the wheel stops. The proposed amendment to
this portion of the LDR's removes the requirements for signs and requires either
stenciling on the wheel stops or an alternative to be approved by the Chief
Building Official.
Reduction in the Guest Parking space requirements.
Currently LDR Section 4.6.9.(C)(2)(c) requires .5 guest parking spaces per unit.
This requirement becomes excessive particularly with larger developments. A
survey was conducted of adjacent municipalities and our requirement far
exceeds that of surrounding communities. The extra parking creates a great
deal of impervious area on the site, and excessive asphalt that is under utilized.
The proposed amendment implements a sliding requirement similar to adjacent
communities which results in a diminishing requirement for larger developments.
City Commission Documentation
LOR Section 4.6.9 Amendments
Page 3
1::::::;:j~~::¡::~;:::::::::,:i::::::::::::::::It::I:::ll.H:N~II';IRI::ÎIÎíl;::::IIIII:::IIII~I§.m"II,:::::::::;;::::::::::::::::::::;::::::::::'::::,:::::;::::::~:!::::I
The Planning and Zoning Board considered the LOR amendment at their
meeting of September 16, 1996. No one from the public spoke in support or
opposition to the changes. The Board had significant discussion relating to
changing the double striping parking space detail to single striping. The Board
felt the current double striping forced people to center their vehicles in the
parking spots thereby reducing damage to adjacent vehicles caused by the
opening of vehicle doors. The Board recommended on a 4-1 vote (Alberta
McCarthy dissenting) approval of the LOR changes with the exception of the
changes implementing single parking space striping.
t::::jI:::::::::::;i:::::::::":,:::::::::::::'::':::::::,:::.::,::::::::,:::,:.::':::::,:::::,:"::':::::::=:::::::::::::::,:::::::::'::::11111"'1'1:111:::11111::::::::'::::i::::':':::'::::::::::::':::::::::::::':::::::::::::::::::'::::::::::::::':::::::::::::::::'::::,:::,',':i::::::"';::":::',:,:::i
By motion, approve the changes to LOR Section 4.6.9 as recommended by the
Planning and Zoning Board.
Attachments:
. Proposed LOR Amendment
,
ORDINANCE NO. 46-96
I AN ORDINANCE OF '!HE CITY <::x:M.uSSION OF '!HE CITY OF DELRAY
BEACH , FIDRIDA , AMENDIN:; SECTICN 4.6.9, "OFF-STREET
I PARKING REGULATICNS ", OF '!HE LAND DEVEIDPMENI' REGULATICNS
I OF '!HE CITY OF DELRAY BEACH, BY ADDIN:; PARKIN:; Im
I DIMENSION DETAILS , STRIPING DETAILS , AMENDING GUEST
¡ PARKING REQUIREMENI'S, AND C7I'HER MINOR KDIFICATICNS 'ro
RELATED SECTICNS ¡ PROVIDIN:; A GENERAL REPEALER CLAUSE, A
¡ SAVING CLAUSE, AND AN EFFECTIVE DATE.
¡
I WHEREAS, pursuant to LDR Section 1. 1. 6, the Planning and Zoning
i Board reviewed the subject matter at its meeting of September 16, 1996, and
! voted 4 to 1 to forward the change with a recanmendation of approval¡ and
,
I WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
, and Zoning Board, sitting as the !ccal Planning Agency, has determined that
¡
, the change is consistent with and furthers the objectives and policies of the
Cornprehensi ve Plan.
t-l:M I 'mEREFORE, BE IT ORDAINED BY THE CITY COMMISSICN OF 'mE CITY
OF DELRAY BEACH, FLORIDA, AS roI..IæS:
Section 1. '!hat Chapter Four, "Zoning Regulations", Article 4.6,
, .. Supplemental District Regulations" , Section 4.6.9, II Off-Street Parking
Regulations" I of the Land Developnent Regulations of the City of Delray
Beach, Florida, be I and the same is hereby amended as more particularly
described in Exhibit "A" attached hereto and made a part hereof.
Section 2. '!bat all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. '!bat should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of canpetent 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.
I
i Section 4. '!hat this ordinance shall becane effective inunediately
upon passage on second and final reading.
I
I PASSED AND AOOPTED in regular
I session on second and final reading
f on this the day of , 1996.
I
I
I MAYOR
A'ITEST :
¡ City Clerk
r
í First Reading
Second Reading
f
,
EXHIBIT "A"
Section 4.6.9 Off-street Parking Regulations:
(A) Purpose and Intent: The purpose of this Section is to ensure that
adequate oft-street parking is provided to meet the needs of users of structures and
usage of land. All parking areas shall be designed and situated so as to ensure their
usefulness, to protect the public safety, and where appropriate, to mitigate potential
adverse impacts on adjacent uses. It is the responsibility of the developer of property
to provide and maintain adequate oft-street parking. (173.770)
(B) Applicability:
(1 ) Oft-street parking facilities shall be provided in the following
situations:
(a) For any new building constructed;
(b) For any new category of use established including a new
conditional use;
(c) For any addition or enlargement of an existing building or
use;
(d) For any change in the occupancy of an existing building or
the manner in which a use is conducted that would result in
additional parking spaces being required.
(2) For items (c) and (d) from above, the additional parking spaces
shall be required only for such addition, enlargement, or change and not for the entire
building or use, unless required as a condition of approval associated with the approval
of the addition, enlargement, or change.
(3) When existing parking is diminished by an addition or enlargement
and such parking had been previously required, or would be required if the use were
established at this point in time, such parking spaces must be replaced and be in
addition to those spaces required for the addition or enlargement.
(4) The requirements of this Section shall apply for temporary uses as
well as permanent uses.
(C) Number of Parking Spaces Required: The number of parking spaces
required for new buildings, new uses, additions, enlargements, or changes shall be
determined by the following standards for uses and categories of use and types of
parking spaces.
1
..,
(1 ) General Provisions: The following apply in the application of this
Subsection:
(a) Fractions: If the total number of parking spaces required
results in a fraction, it shall be rounded up to the next
highest figure.
(b) Handicapped Spaces: Special parking spaces designed
for use by the handicapped shall be provided pursuant to the
provisions of Florida Accessibility Code for Building
Construction. Handic:Jp Statutes. Such spaces shall not be
in addition to, but shall substitute for, required parking.
(c) Bicycle Parking: Bicycle parking facilities shall be provided
in a designated area and by a fixed or stationary bike rack
for the following uses:
ill In shopping centers at the rate of five (5) spaces per
100,000 sq.ft. of gross floor area;
!2) At fast food restaurants, government offices and
community centers, and commercial and private
recreation facilities at the rate of five (5) spaces per
facility.
æ Any non-residential use within the City's TCEA which
through the development review process. is
determined to generate a demand.
(d) Uses not Listed: Any use, or use category, which is not
specifically listed herein shall have its parking requirement
established at the time of approval of the site and
development action associated with the new use or
structure.
(e) Design Requirements Apply, Exceptions: The Design
Requirements for parking lots as provided for in Section
4.6.9(0) shall apply to all parking spaces which are required
in this subsection, except for specific provisions to the
contrary which are contained herein.
(f) Requirements are cumulative: In situations where a
combination of uses are developed on a site, parking
requirements shall be determined for each of the uses
2
according to the parking requirements set forth herein. An
exception to this rule may be made, pursuant to Subsection
(C)(8), Multiple Uses.
~ Redysti9R Allo\a:ed: 'Nhen, upon receipt and acceptance
of special documentation, it is conclusively demonstrated
that the numbor of parking spaces required for :3 specific use
is appropriate of its application to :3 specific site, the body
which aÐts on the attendant site plan may reduce the
parking røquir-ements accordingly. MOVED TO SECTION
(F)(1 )
(gl Compact Car Parking: Up to 30% of the required parking
for any use may be designated for compact cars. Such
approval may be granted concurrent with approval of the
site and development plan. Spaces which are provided in
excess of the number required may also be designated and
designed as "compact car parking".
(2) Requirements for Residential Uses:
(a) Single Family Detached Residences -- two per dwelling
unit. Tandem parking may be used provided that in the
Single Family (R-1 District) or RL District, no required
parking space may be located in a required front or street
side setback.
(b) Duplexes -- two spaces per dwelling unit. Tandem parking
may be used provided that such parking does not result in
the space for one unit impeding access to a space of the
other unit. Further, curb cuts or direct access from parking
areas onto a street shall not exceed 24' in width.
(c) Multiple Family Structures:
* efficiency dwelling unit -- 1.0 space/unit
* one bedroom dwelling unit - 1.5 spaces/unit
* two or more bedroom d.u. - 2.0 spaces/unit
* guest parking @ .5 spaces per dwelling unit. shall be
provided cumulatively as follows:
- for the first 10 units - 2 spaces
- for units 11 through 50 - 2 spaces per 10 units
- for units 50 and above - 1,5 spaces per 10 units
3
(d) Residential Uses in Commercial Buildings: When there is
residential use in a building whose primary use is
commercial (greater than 50% of floor area being
commercial), the following standards shall apply:
* efficiency dwelling unit -- 1.0 space/unit
* one bedroom dwelling unit -1.0 space/unit
* two or more bedroom d.u. --1.5 spaces/unit
* no guest parking is required
(e) Location of Guest Parking Spaces: Guest parking spaces
may be centralized or located near recreational features
within a development project. A portion of guest parking
spaces may be provided in stabilized sod pursuant to
Section 4.6.9(0)(8).
(3) Requirements for Commercial Uses:
(a) General Commercial Uses: Shall provide 4.5 spaces per
1,000 square feet of gross floor area which includes retail
floor area, associated warehouse and storage floor area,
and employee and management facilities.
(b) Convenience Stores with Associated Gasoline Sales:
Shall provide 4.5 spaces per 1,000 square feet of gross floor
area of the convenience store and any kiosk or cashier
station.
(c) Gasoline Stations: With or without convenience food sales
shall provide 4.5 spaces per 1,000 square feet of Aet-...D.Q.Q
repair gross floor area and shall provided four (4) spaces per
service bay or lift.
(d) Restaurants: Inclusive of drive-ins, drive-thru, snack shops,
night clubs, lounges shall provide 12 spaces per 1,000
square feet of floor area up to 6,000 sq.ft. and then 15
spaces per 1,000 sq.ft. of floor area over
(e) Shopping Centers: Spaces required based upon size of
center per gross leasable floor area, irrespective of uses the
initial 6,000 sq. ft.
* 25,000 to 400,000 sq.ft. provides 4/1,000
* 400,000 to 600,000 sq.ft. provides 4.5/1,000
* greater than 600,000 sq.ft. provides 5/1,000
4
(f) Vehicle Sales and Rental: Including auto sales, auto rental
agencies, recreational vehicle sales and rental, and truck
sales and rental, shall provide 4 spaces per 1,000 sq.ft. of
total building(s) area, except indoor display areas. Required
parking spaces shall be designated for employee, customer,
and/or service use at the standard of, at least, 1.5 spaces
per service bay and 2 spaces per 1,000 sq.ft. of floor area
(less indoor display area). Any remaining spaces may be
used for display purposes.
(4) Requirements for Office Uses:
(a) Business and Professional Offices: Except governmental
and medical offices, shall provide:
* 4 spaces per 1,000 sq.ft. of gross floor area in buildings up
to 3,000 sq.ft.
* 3.5 spaces per 1,000 sq.ft. of gross floor area in buildings
greater than 3,000 sq.ft.
(b) Governmental Offices: Including public health and
rehabilitative services, shall provide 5 spaces per 1,000
sq.ft. of gross floor area.
(c) Medical and Dental Offices: Including clinics and mental
health treatment facilities, shall provide 5 spaces per 1,000
sq.ft. of gross floor area.
(5) Requirements for Industrial Uses:
(a) General: General Industrial Uses (manufacturing,
assembly, attendant offices) shall provide parking at the rate
of 3 spaces per 1,000 sq.ft. of floor area devoted to such
uses. In addition, 1 space shall be provided for each 1,000
sq.ft. of floor area devoted to storage and warehouse use.
(b) Vehicle Paint, Body. and Repair Shops: Shall provide 4.5
spaces per 1,000 sq.ft. of gross floor area.
(c) Vehicle Wrecking and Salvage Yards: Shall provide 1
space per 10,000 sq.ft. of lot area.
(6) Requirements for Recreational and Community Facilities
Either Public or Private:
5
(a) Auditoriums. meeting places: Assembly halls. conference
and meeting rooms, theaters, stadiums, civic centers,
community theaters, cultural facilities, arts and crafts
centers, and similar uses shall provide .3 of a parking space
for each seat or 1 space for each 50 sq. ft. of total floor area,
whichever is greater.
(b) Bowling Establishments: Shall provide 4 parking spaces
per lane.
(c) Churches: Shall provide one space for every three seats
provided in the sanctuary. Additional parking is not required
for other uses on the church property e.g. Sunday School,
Day Care, Preschool, etc. when such uses are operated as
a part of, under the auspices of, the Church.
(d) Clubs and Lodges: Shall provide 1 space for every four
seats or 1 for every 50 sq.ft. of total floor area, whichever is
greater.
(e) Educational Facilities: Public or private, shall provide the
following:
* Nursery & Kindergarten 1/300 sq.ft. of
total floor area
* Elementary & Middle 2 per classroom
plus 50% of the
requirement of
an auditorium or stadium
* High School, Vocational Schools, Colleges,
and Trade Schools shall provide 1 space for
every 5 students which can be accommodated at
maximum capacity
(f) Fire Stations: Shall provide 1 space for each employee on
the shift with greatest employment.
(g) Golf Courses: A full golf course shall provide 7 parking
spaces per hole; an executive golf course shall provide 4
parking spaces per hole,
(h) Miniature Golf Courses: Shall provide 1.5 parking spaces
per hole.
(i) Hospitals: Shall provide 1.5 spaces per bed, plus 1/100
sq.ft. of floor area in rooms for outpatient, emergency. and
other special service areas open to the public.
6
ú) Libraries: Shall provide 4/1,000 sq.ft. of total floor area.
(k) Museums: Shall provide 5/1,000 sq.ft. of floor area which is
open to the public.
(I) Police Stations. Public Works Complexes: Shall provide
4/1,000 sq.ft. of total floor area. This requirement shall
encompass all uses on the premises.
(m) Post Offices: Shall provide 5/1,000 sq. ft. of total floor area
in addition to a parking area for employees.
(n) Swim Clubs: Shall provide 1/30 sq.ft. of total water surface.
. (0) Tennis Clubs: Shall provide 4 spaces per court.
(p) Community Facilities within Planned Residential
Developments: Shall provide parking sufficient 1Q
accommodate guest, service and local needs recognizing
that residents have other readily accessible means of
access. The parking shall be pursuant to an approved site
plan.
(q) Parks: Shall have the parking needs assessed and
determined by the Director of Development Services.
(r) Yacht Clubs: One space per 1,000 sq.ft. of floor area and
outdoor seating/eating area plus one space for one half the
number of boat slips .5 spaces for each boat slip.
(7) Other Uses:
(a) Abused Spouse Residence: One space per sleeping
room plus one space for each shift employee.
(b) A.C.L.F's. Alcoholic and Drug Abuse Treatment
Facilities. and Nursing Homes: Shall provide one space
for each four beds.
(c) Continuing Care: Facilities shall provide 1.5 spaces per
unit.
(d) Bed and Breakfast Inns: shall provide one per guest room
and one for the manager/owner.
(e) Hotels and Motels: Shall provide .7 of a space for each
guest room plus 10 spaces per 1,000 sq.ft. of floor area
7
devoted to ballrooms, meeting rooms, restaurants, lounges,
and shops.
(f) Broadcast Facilities and Communication Facilities:
Shall provide 4/1,000 sq.ft. of total floor area.
(g) Bus Stations. Taxi Stations. and Train Stations: Shall
provide 3/1,000 sq.ft. of total floor area (including storage
areas).
(h) Child Care and Adult Day Care: Shall provide 1/300 sq.ft.
of total floor area.
(i) Courts. Courthouses and Related Facilities: Shall provide
1/150 sq.ft.(net) of courtroom space plus 1/250 sq.ft. (gross)
of non-courtroom area, excluding walls, elevators, stairwells,
and mechanical equipment areas.
0> Funeral Homes: Shall provide 4/1,000 sq.ft. of total floor
area plus .3/each seat in the chapel, if any.
(k) Marinas: Shall provide 5/1,000 sq.ft. of total floor area of
any building devoted to marina use plus 1/slip.
(8) Multiple Uses:
(a) Shopping Centers: As an alternative to using the standard
shopping center standard, parking facilities may be jointly
used for activities with significantly different peak hours of
operation. A 15% reduction of the total cumulative number
of required parking spaces may be granted pursuant to the
following:
ill A combination of two or more of the following uses
are involved, in a shopping center of greater than
25,000 sq.ft.:
General Retail
Offices
Restaurants
Residential Dwelling Units
!2l The predominant use does not exceed 75% of the
total floor area for all uses;
8
Ql The parking requirements are calculated separately
for each use without using the standards established
for shopping centers;
œ The relief granted shall not result in less than 3.3
spaces per 1,000 sq.ft. of nonresidential floor area
plus the number of residential spaces which would
otherwise be required;
æ The relief may be granted concurrent with site and
development plan approval.
(b) Differing Hours of Operation: When uses within a
structure or a development have separate hours of operation
(e.g. 9 a.m. to 5 p.m. and 6 p.m. to 10 p.m.) administrative
relief may be granted to allow double counting of parking
spaces.
(c) Subordinate Uses: When parking spaces are provided
based upon an intensive use of a site (e.g. church services)
and, at different times, other uses are on the site (e.g. day
care) administrative relief may be granted to the effect of not
requiring parking for the subordinate uses.
(D) Design Standards: All parking spaces which are created in order to fulfill
requirements of this Section (i.e. required parking spaces) shall conform to the design
standards of this subsection.
(1 ) General Design Concepts: The following concepts shall be
applied in the layout and design of parking lots:
(a) Parking spaces should be located and arranged in such a
manner as to facilitate pedestrian access to the uses they
are intended to serve. In general, parking spaces should be
distributed proportionately to needs.
(b) Employee parking should be located in the area least
desirable for customer or short-term parking.
(c) Compact car parking, where allowed, should be integrated
throughout a parking lot in such a manner that compact and
standard cars have equal access to desirable parking
spaces.
(d) Handicapped spaces are to be provided in accordance with
the Florida Accessibility Code for Building Construction and
9
shall be located as close as is practical to the entrances of
the buildings they are intended to serve. To the greatest
extent possible, they shall be oriented so that a user does
not have to go past the rear of other parking spaces or cross
an aisle in order to reach the building's main entrance.
(2) Provisions for ingress and egress: Each required parking space
shall be accessible at all time~. Access which conforms with minimal aisle standards
and which includes maneuvering area so that a vehicle must be able to enter and exit
the parking area onto a street or alley in a forward manner shall be provided, except in
the following situations.
(a) When the land use is a single family detached dwelling, a
townhouse (fee simple ownership), or a duplex;
(b) When the parking is adjacent to an alley and the parking
space and alley have a combined minimum depth of 42' Ra&
a minimum depth of twenty five feet (25') and a minimum
width of ten feet (10') and the location of parked vehicles
does not impair sight distance of pedestrians or vehicles
utilizing the alley;
(c) When the street is a private street within a planned
development and the street, at the location of the parking,
has less than 200 ADT.
(3) Point of Access to the Street System:
(a) Maximum width: The point of access to a street or alley
shall be a maximum of twenty-four feet (24') unless a greater
width is specifically approved as a part of site and
development plan approval. However, in no event shall
such point of access be greater than thirty-six feet (36').
(b) Minimum Width: The point of access to a street or alley
shall not be less than:
* 24' for a normal two-way private street or parking lot
driveway aisle.
* 20' for a private driveway which has less than 200 ADT.
* 12' for a one-way driveway or parking lot aisle.
(c) Stacking Distance: The minimum provißionß for ßtacking
dißtance ßhall Be aß followß: Provisions must be made for
10
stacking and transition of incoming traffic from a public
street. such that traffic may not backup into the public street
system.
ill The minimum distance between a right-of-way and the first
parking space or aisleway in a parking lot shall be as
outlined in the following table: [Amd. Ord. 22-92 6/16/92]
Number Access Street Minimum
of Spaces Classification Stacking Distance
20 or fewer Local 5 feet
21 - 50 Local 20 feet
50 or fewer Non-Local 20 feet
51 or more All Streets 50 feet
Greater stacking distance may be roquired as a condition of
site plan approval in all cases.
!2) Provisions must be made to provide for 100' of clear
stacking from the first point of transaction for each lane of a
drive-thru facility and in advance of all guardhouses or
security gates.
æ Provisions must be made for stacking and transition of
incoming traffic from a public stFeet, such that traffic may not
backup into the public street system. Greater stacking
distance may be required as a condition of site plan
approval. The length of the stacking area may be reduced
when supported by a shall be determined as a part of the
traffic study... '.vhich would be requiFed for such a project.
[Amd. Ord. 22-92 6/16/92]
(4) Maneuvering Area. Aisle Width. Space Width:
(a) The standard parking space is nine foot ~ (9') in width
and eighteen feet ~ (18') in length in a perpendicular Ðf
parallel configuration. Parallel parking spaces shall be nine
feet (9') in width and twenty two feet (22') in length.
HO'l:ever, an additional w.~o feet shall be provided at the
head of each parallcl parking space for maneuvering
purposes. Parking space dimensions for other types of
spaces are:
* Compact Car Spaces @ 8' x 16'
* Handicapped Spaces @ 12' x 18'
11
.,. Diagonal Spaces per Subsection (4)(e)
(b) Wheel Stops shall be provided for all parking, other than
parallel, in the form of concrete or asphalt wheel stops or a
continuous concrete curb which is located so that there is
two feet (2') of clear distance from the front edge of the
device to the front of the parking space. Treated wood,
stones, or similar landscape features may be allowed upon
approval through the Ssite Pplan Rreview process. The
requirement for wheel stops may be waived through the Site
Plan Review process when the parking spaces are on
stabilized sod.
(c) Dead-end Parking Bays are discouraged, but when site
conditions dictate that there be dead-end parking bays, they
shall be designed so that there is a 24' wide by 6' deep
maneuvering area at the end of the bay. This maneuvering
area shall not encroach upon required perimeter or parking
area separation landscape areas.
(d) The standard aisle width is twenty-four feet for normal
traffic flow with perpendicular parking. The maximum aisle
width is twenty-six feet (26'). Exceptions may be made at
the time of site plan approval in order to accommodate
pickup or drop-off areas. The width of aisles associated with
diagonal parking is per Subsection (4)(e). Two-way traffic
flow must be used when perpendicular parking spaces are
used. The minimum aisle width for two way traffic flow is
twenty feet (20') but this dimension can only be used for
short distances where there are no parking spaces entering
therein.
(e) Alternative Parking Lot Designs: Parking lot designs
which incorporate one way aisles, two way aisles, and
diagonal parking may be used in lieu of the standard
(perpendicular, two way aisle) parking lot design. Diagrams
depicting these designs are provided below. shall be
promulgated by the Director.
12
90· PARKING 60· AND 45· PARKING
l
ita
ci...J
(/) a:::u..
I-
ur
~6' t 1
! D ! A t D ! ! D ! A D
W W
STANDARD 60· 45·
A AISLE 24.0' A AISLE * 17.0' 15.0'
S STALL WIDTH 9.0'· C STALL LENGTH 10.5' 12.5'
0 STALL DEPTH 18.0' S STALL WIDTH 9.0' 9.0'
W MODULE WIDTH 60.0' D STALL DEPTH 20.0' 19.0'
W MODULE WIDTH 57.0' 53.0'
* COMPACT CAR SPACES -8.0' C 14.0' 17.0'
HANDICAP SPACES -12.0'
HANDICAP D 21.5' 21.0'
SPACES
PARALLEL S 12.0' 12.0'
I I EI * FOR TWO WAY FLOW A=24.0'
! C ! NOTE:
REFER TO DETAIL RT 4.2 FOR
C ST ALL LENGTH 22.0' STRIPING INFORMATION
S STALL WIDTH 9.0'
13
(5) Landscaping Requirements: All parking lots shall be landscaped
in accordance with the provisions of Section 4.6.16.
(6) Marking and Signing:
(a) With the exception of stabilized sod parking, all parking
stalls shall be clearly outlined on the surface of the parking
facility: parallel parking stalls shall use a single line; all
other parking stalls shall be striped in accordance with the
Minimum Construction Standards and Specifications
document developed by the City Engineer and use double
striping. Striping and dimensions shall be as set forth in
subsection division (Q)(e) below.
(b) Handicapped spaces shall be striped and marked in
accordance with the Florida Accessibility Code for Building
Construction and the Minimum Construction Standards and
Specifications document developed by the City Engineer
as shown in subsection division (Q)(e) below. In addition,
each handicapped space will have a sign at the head of the
stall reserving it for handicapped parking only.
(c) For parking facilities containing 21 or more parking spaces,
all aisles, approach lanes, and maneuvering areas shall be
clearly marked with directional arrows and lines as
approved by the City Engineer. The City Engineer may
require additional signage to insure the smooth and safe
flow of traffic.
(d) All signs and markings shall comply with the design criteria
as set forth in the M.U.T.C.D. (Manual of Uniform Traffic
Control Devices), except that the City Engineer, or his
designee, may waive such compliance on case-by-case
basis. Any decision by the City Engineer or his designee
may be appealed pursuant to Section 2.4.7 of the Land
Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida. [Amd. Ord. 19-91 4/9/91]
14
..,
(e) Parking Space Striping Details:
. :l£COMPACT CAR PARKING SIGN CHANDICAP SIGN (FTP-25)
.- [SEE L.D.R. SECTION 4.6.9(0)(7) ~-L
--------l----------------:2·--------------~-----------r-----------SïÕË-VVÃ-CK~
I I I
f/)~ PRECAST
4" BLUE WHEEL STOP.
w
a.. STRIPE
a ~ . ~ "- 5' RAMP.
I f/)
to ~ a
.... I
~~ å:>
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1 8'-0" ! g' -0" ! 12'-0" t 5'-0" t
COMPACT STANDARD RAMP
SPACE SPACE AREA
PARKING STALL DIMENSIONS:
STANDARD g'x 18'
COMPACT S'x 16'
HANDICAP 12'x 18' PLUS 5' RAMP AREA
Detail RT 4.2
15
(7) Compact Car Parking Areas, where Permitted, shall be Clearly
Marked with Markings Signs as Follows: [See Subsection ~ (1 )(g) as to
approval for use of Compact Car Spaces]
(3) Parking tiers shall ha':e one sign for e'fery third stall, plus a
sign at oaoh end &tall, indioating that the stalls arc reserved
for oompact oar parking. The sign shall be a minimum of 12
inohes by 18 inohes and shall be plaoed at the front of the
parking stalls. Signs shall be printed as follows:
COMPACT
PARKING
ONLY
(b) In addition to the abo'Je requirement, parking bays reserved
exolusively for oompact oar parking shall have a sign located
at the right side of eaoh bay ontrance indicating the type of
parking for whioh the bay is reserveø. The signs shall meot
the samo oriteria as is spooified abo'/e and shall be painted
in the same manner minus the arrow.
(a) All compact spaces shall have "compact car only" painted on
the required wheel stops.
(G) (.b.) Alternate signage for compact car parking may be approved
by the Chief Building Official when comparable to the
standards set forth above.
(8) Parking surfaces and drainage:
(a) All parking lots and parking spaces, including car storage
and display areas, shall be improved either with a paved
surface meeting Engineering Department standards, or with
a hard surface material (such as brick or turf block on a base
course laid in accordance with approved manufacturer's
recommendations), or with some other type of surface
material acceptable to the City Engineer. Parking lots and
parking spaces on historic sites or within historic districts
may be improved with a surface material other than
pavement, where there are 12 or less parking spaces,
subject to approval by the Historic Preservation Board.
(b) A surface of sod over stabilized base shall be acceptable for
the one-half parking space required for guest parking in
multiple-family projects, as well as for parking used on a
16
once-a-week or occasional basis. Parking lots and spaces
proposed to be constructed of stabilized sod may be allowed
through the Site Plan Approval process.
(c) In paved parking lots, that portion of the parking space
extending beyond the car stop may be sodded. When this
option is selected, a continuous curb at least six inches in
height may be substituted for the wheel stops.
(d) Handicapped parking spaces shall be paved and properly
marked. A paved route shall be provided between the
handicapped parking space and the building entrance.
Where an abrupt grade change occurs, as between the
surface of the parking area and a curb cut, a ramp shall be
provided for handicap access. The ramp or curb cut with
ramp shall be designed in accordance with the Florida
Accessibility Code for Building Construction. A .
, .mørrcan
National Standards Institute specifications, or appropriate
substitute.
(e) The City Engineer shall approve the drainage and grading
plans for parking spaces and parking lots. He shall also
conduct inspections during and after construction of the
parking area and its drainage system to insure that it is
constructed in accordance with the approved paving and
drainage construction plans.
(9) Lighting: Lighting of parking lots shall be pursuant to Section
4.6.8(B).
(10) Operations and Maintenance:
(a) All required parking facilities shall be maintained for the
duration of the use requiring such facilities. Such facilities
shall be used exclusively for the parking of vehicles. With
the exception of vehicle rental or sales, parking facilities
shall not be used for the storage or sale of merchandise, nor
shall they be used for the storage or repair of vehicles or
equipment. Parking facilities may be used for the sale of
merchandise on a temporary basis for special events when
approved in accordance with the provisions of Subsection
(F)(2).
(b) It shall be the responsibility of the owner or operator of a
specific use to ensure that the parking facilities are kept in
17
good operating condition and that the parking facilities are
periodically swept and cleaned. All parking lots and spaces
shall be maintained so as not to create a hazard, eyesore, or
nuisance. This includes, but is not limited to, removing glass
and litter; pruning, nourishing, and watering vegetation;
resurfacing and restriping surface markings; reanchoring or
replacing loose and broken wheel stops; and replacing or
painting signs.
(E) Location of Parking Spaces:
(1 ) Street parking, parking located in the public right-of-way, or parking
located in public parking facilities shall not be used to satisfy on-site parking
requirements. The terms "on-site parking" and "off-street parking" are synonymous.
(2) Required off-street parking shall be provided on the same lot, or
parcel, as the building and uses for which it is required, except as provided for within
this Subsection (E).
(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-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: [Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93 2/09/93]
(a) The in lieu fee is authorized only in the CaD, OSSHAD, and
GC (West Atlantic Avenue Overlay District) Zoning Districts
in compliance with the Supplemental District Regulations
provisions therein. [Amd. Ord. 74-95 12/5/95]; [Amd.
Ord.64-93 11/23/93]; Amd. Ord. 14-93 2/09/93]
(b) The fee is hereby established at $6,000 per space.
Arrangements for payment shall be approved by the City
Commission at the time of the approval of the in-lieu fee.
[Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93 2/09/93]
(c) All proceeds from such a fee shall be used for parking
purposes. [Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93
2/09/93]
(d) The in-lieu fee may be paid at one time or in installments.
Installment payments may be made over a nine year period
in ten payments. The first payment would be due upon
signing the installment agreement. The remaining nine
payments would be due annually. No interest is to be
18
·
charged during the first three (3) years. Beginning in year
four of the payment schedule, a simple interest rate of 5%
per annum will apply to the unpaid balance and be added to
payments five through ten. [Amd. Ord. 64-93 11/23/93]
(4) Off-Site Parking: In instances where uses do not have sufficient
space to accommodate customer and employee parking demands, parking
requirements may be provided off-site in accordance with the fo"owing~
a) Normal Operations: Parking for day-to-day operation may
be provided on other property within three hundred feet
(300') provided that both properties are of the same general
type of zone designation (Le. commercial, industrial. office.
etc.) or when the off-site parking site is zoned C.F. and a
conditional use approval for use as a parking lot has been
approved, and when in compliance with, and pursuant to,
the following:
~ill The 300' distance shall be measured along an
acceptable pedestrian route;
W!2.) Approval of such off-site parking may be granted by
the body which has approval authority of the related
site and development plan;
{iiij.Q}. An agreement providing an easement for such use is
prepared pursuant to Subsection (E)(5) and is
recorded prior to certification of the site and
development plan~ [Amd. Ord. 42-92 9/8/92]
~~ The provision providing of the parking easement shall
not diminish the ability of the property. upon which it
is placed, to accommodate its required parking..
(b) Special Events/Facilities: In instances where uses and/or
facilities have large parking demands/requirements and
which are otherwise subject to conditional use approval (e.g.
stadiums, places of assembly, community and civic centers,
recreational areas. etc.) such parking may be provided off-
site in accordance with the following.
~ ill Approval of such off-site parking may be granted by
the body which has approval authority of the related
conditional use.
19
·
W !21 A parking and transportation plan must be presented
in order to obtain such approval. The plan must
identify parking areas and demonstrate the manner in
which transportation to the use site, secu rity,
maintenance, and related matters will be
accommodated.
(iiij .Ql Easements, agreements, or other appropriate legal
documents which assure continued availability of
such parking shall be required as a part of the parking
and transportation plan. [Amd. Ord. 42-92 9/8/92]
(5) Off-site Parking Agreement: The owner of the alternate off-street
parking area, and the owner of the principal use or building (including the land on which
it is situated), shall enter into a written agreement with the City (in such form as may be
approved by the City Attorney), with enforcement running to the City, providing that the
land comprising the alternate off-street parking area shall never be disposed of except
in conjunction with the transfer or sale of the building which the parking area is intended
to serve, so long as the parking facilities are required. The owner agrees that such
agreement shall be in recordable form, the expense of recording to be borne by the
owner, and that the agreement shall constitute a covenant running with the land binding
upon the owners, heirs, administrators, successors, and assigns. The agreement shall
be recorded by the City Clerk. The agreement shall be released by the Commission at
such time as the alternate off-street parking facilities are no longer required or when the
owner provides other lawful off-street parking facilities. The owner shall bear the
expense of recording the release of the agreement.
(F) Special Provisions:
(1) Reduction Allowed: When. upon receipt and acceptance of
special documentation. it is conclusively demonstrated that a reduced number of
parking spaces will accommodate a specific use the body which acts on the attendant
site plan may reduce the parking requirements accordingly.
(1) Campaøt Car Parking: Up to 30% of the requir.ed parking for any
use may bo dosignated for compact cars. Such approt.'al may ge granted concurr{)nt
with site and development plaA appro\'al provided that doc\:lmentation is provided which
demonstrates that such spaces will be so \:I sed . Spaces ':lhich are provided abo'Æ the
number requirod may also be dosignated and designed as "oompact car parking".
MOVED TO SECTION (C)(1)(g)
(2) Temporary Use of Parking Spaces for other purposes: Parking
lots may be used for the sale of merchandise on a temporary basis for special events.
Request for such approval shall be governed by Section 2.4.6(H).
20
..,
is not currently seeking federal grants for the funding of bus
shelters. However, Palm Tran is seeking funding for
approximately 300 bus shelters through the County Commission. No
funding has been committed at this point. If full funding is
obtained, the money would be used for the 300 sites identified
throughout the County. If partial funding is obtained, the sites
will be prioritized and the money allocated on that basis. The
300 sites have not yet been prioritized. The County has
identified 16 locations in the City which warrant bus shelters.
Three of these sites already have shelters and three of the sites
need to be identified in the field through the installation of
signage. Mr. Barcinski stated that a listing of the 16 sites
will be provided to the Commission members.
Mr. Barcinski announced that the first session of this
year's Leadership Delray will be held on Wednesday, October 9,
1996, at 8:30 a.m. in City Hall. He invited the Commission to
attend this session. A luncheon will be held at noon at the
Municipal Golf Course.
13.B. City Attorney
The City Attorney thanked the Commission members for
their confidence and support.
13.C. City Commission
13.C.1. Mr. Egan expressed concern regarding the ~lray Beach
Housing Authority and the problems that group has been
experiencing, such as regularity of meetings and lack of
attendance.
Mayor Alperin commented that this issue has been
resolved.
13.C.2. Mr. Ellinqsworth asked the Assistant City Manager to
send condolences to Mr. and Mrs. Harden on behalf of the City
Commission.
Secondly, Mr. Ellingsworth distributed apples to the
Commission from his recent trip to New Mexico.
13.C.3. Ms. Kiselewski complimented the -obmmunity garden
project which is being sponsored by Carver Park and the Sunshine
Homeowners Associations. The 'open house' was held on Saturday,
September 28, 1996, and everyone has done an excellent job.
Ms. Kiselewski noted that at a prior meeting, concern
was expressed by Mr. Randolph about lights on West )rt.lantic
Avenue. She, too, feels there is a problem and has received
complaints about speeding along this section. She asked if
anything can be done to slow things down?
-2-
·
Mr. Barcinski stated that a letter was sent to Palm
Beach County, and they will be doing a traffic study and count in
November, 1996.
Ms. Kiselewski asked if the study will address the
speed of traffic between I-9S and Swinton Avenue?
Mr. Barcinski stated he would contact the County to
make sure the speeding issue as well as the turn signals are
included in the study.
13.C.4. Mr. RandolDh commented that he had attended the session
at Lake Ida Park on Monday, September 30th, concerning A1alm Beach
County's evaluation and management plan for the
chain-of-the-Iakes coastal ridge, including xáke Ida and Lake
Eden in Delray Beach. County Commissioner Warren Newell is
spearheading this effort to protect, restore and enhance the lake
system, and has asked for the cooperation of local municipalities
in implementing the plan. Mr. Randolph stated that he feels the
citizens of Delray Beach will benefit quite a bit from this
effort, and hopes the City will support the County in this
endeavor.
13.C.S. Mavor AlDerin expressed his appreciation to Mr.
Randolph, Mr. Ellingsworth and the City Manager for representing
the City at the Lake Ida Park meeting on Monday, September 30,
1996.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:30 P.M.
-3-
·
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF OCTOBER 1, 1996
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquiries.
None.
11.B. From the Public.
11.B.l. Lillian Feldman, President of Delray Property Owners,
referred to recent news articles in both the Sun Sentinel and The
Monday Times concerning the prospective widening of ~inton
Boulevard between Military Trail and Congress Avenue. She asked
how this would be done since there does not seem to be enough
room for any widening. She further stated she hopes there are no
plans to widen by eliminating the medians. If that is the case,
Mrs. Feldman stated there would be vehement opposition from
residents in the area.
11.B.2. Maureen Turner, who resides east of the ;intracoastal
Waterway and south of the Linton Bridge, expressed concern about
boats speeding on the Intracoastal Waterway in the area under and
south of the Linton Boulevard bridge during both daytime and
evening hours. She felt that these boats, including jet skis,
present a very dangerous situation. She recently witnessed two
boats going around in circles on the water directly under the
Linton Bridge at excessive speeds which almost hit her dock and
nearly collided with another boat. In addition, manatees have
been seen in this area and this type of boat activity is a danger
to their safety. Ms. Turner strongly urged that "No Wake" or
"Idle Speed Only" signs be posted on the bridge, and signs should
also be placed further south on the Intracoastal Waterway. After
contacting the Florida Marine Patrol, she was told that they do
not have jurisdiction. She also contacted other agencies and was
told the same thing, so she is appealing to the City Commission
for help.
Mayor Alperin asked Ms. Turner to leave her telephone
number and address with City staff. A response to her concern
will be available at the next regular meeting.
13. Comments and Inquiries on Non-Agenda Items.
l3.A. City Manaqer
With respect to the issue of ~s shelters, Mr.
Barcinski reported that staff had contacted Wayne Speight,
Special Projects Coordinator with Palm Tran, about the status of
funding for shelters. Mr. Speight has responded that Palm Tran
. ,..~
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[ITY DF DELRRY BER[,H
DElRAY BEACH
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AII·America City
, III I! MEMORANDUM
1993 TO:
David T. HardeQ! City Manager
'--,~r. ,,~
\. \' '.' '" "-4 "_ '('
THRU: Diaf1~ D<?mingue:z, {lirector of Planning and Zoning
..l¿ . . ( L ,- ii ""-
:..- L '-'-" .~_.. "_ 1_ ',. '~t_ ,../"~.
FROM: Paul Dorling, Prinyip?11 Planner
.../
DATE: September 27, 1996
RE: Bus Shelters
In response to your memo of September 16, 1996 I contacted Wayne Speight (Special
Projects Coordinator) with Palm Tran on the status of funding for bus shelters. Palm Tran
is not currently seeking Federal grants for the funding of bus shelters. However, Palm Tran
is seeking funding for approximately 300 bus shelters through the County Commission.
To date no funding has been committed. If full funding is obtained the money would be
utilized for the 300 sites identified throughout the County. If partial funding is obtained the
sites will be prioritized and the money allocated on that basis. The 300 sites have not
been prioritized at this time.
With the analysis of the new bus routes the County has identified 16 locations within the
City which warrant bus shelters. Three of the sites (Stops 706,1113, and 1155- Italicized)
contain bus shelters at this time. Three of the sites (Stops 287, 6441 and 7389) need to
be identified in the field through the installation of signage. The 16 sites are listed below:
Route #1 (Southbound)
Stop # 21 0 South Federal Hwy. (Chamber of Commerce)
Stop # 217 South Federal Hwy. & Banyan Tree Lane (Delray Mall)
(Northbound)
Stop # 281 South Federal Hwy. & Lindell Blvd. (NE corner)
Stop # 287 South Federal Hwy. & Banyan Tree Lane (Del ray Mall)
.' ~ P":nrod..;n P~C'''l:itJc1 P'/Dt:J( T-i= E:=¡::OR7 ,1.!...,:,/;..,yS MATTERS
Route #2 (Northbound and Southbound)
Stop # 706 Delray Tri- Rail station
Route #3 (Southbound)
Stop # 1112- S. Military Trail & Atlantic Avenue (SW corner)
Stop # 1113- S. Military Trail & Lake Blvd. (SW comer)
(Northbound)
Stop # 1155- S. Military TraillDelray Plaza (w entr.) (SE comer)
Route # 70 (Southbound)
Stop # 6360- Swinton Ave. & Atlantic Ave. (SW corner)
Stop # 6371- Linton Blvd. & SW 10th Ave. (NW corner)
(Northbound)
Stop # 6427- Linton Blvd. & Military Trail (SE corner)
Stop # 6441- Linton Blvd. & SW 10th (SE corner)
Route #80 (Southbound)
Stop # 7308- Barwick Road & lake Ida Road (SE corner)
Stop # 7316- lake Ida Road & Congress Avenue (SE corner)
(Northbound)
Stop # 7389- lake Ida Road & Congress Avenue ( NW corner)
Stop # 7396- lake Ida Road & Chatelaine W Blvd ( NE corner)
Stop # 7397- Barwick Road & lake Ida Road (SW corner)
Route #81 (Westbound)
Stop # 7629 Atlantic Avenue & Military Trail (NW corner)
(Eastbound)
None
. ,
[IT' DF BE1RAY BE~l['H
DElRA Y BEACH
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AII·America City
'1111: MEMORANDUM
1993
TO: Diane Dominguez, Director of Planning & Zoning
FROM: D . d T H d C' Mi~?", I
aVl . ar en, Ity anager· i - !
DATE: September 16, 1996
SUBJECT: Bus Shelters
Please find out from Palm Tran which bus stops in Delray Beach are considered to
warrant bus shelters.
Commissioner Ellingsworth mentioned that he understood Palm Tran had applied for a
federal grant for construction of shelters. Please find out whether or not this is correct
and what the status is of the grant application.
DTH/dr
Doming I.Itr
Bus Shelters
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8epkll'llMr 13, 1996
D~4r elected o{ffdtJ/:
P4/", B~4CIt eolllftJ¡ Dfv/rOllIffeIfttJ! Rçsollrœs Mdlf4~m~~ lttJ8jllBt c()I1'fflmd 411
il1tel1Z1~ OI1e-'eor evO/lIllt/OII of tire cllffelft statll$ of tI1~ cIt4/if--o(-tI1e-/ttkæ COtlstd/
ridge. /ltc/Jld/l1g ?/l1e Ù'ke. Lttke CItJrke. LOKe 08borlf~, LOKC /do tIIId Loke licit. Boæd Off
tlte ilf(ormtJtÎon gtJtltcrcd. 0 IIftllltlgß/Helft pltIII Wt1.8 deve/olMd to prwlde for tlte protection,
r~storut/olt tJnd ~nlttJlfcemeJ1Ç of tI1~/r fftJtllrol re80Jlrrzs. /mp/c/Heltttl'tlOlf of tÎtc pltllf 'MIl
re(jffire coo¡MrtdlOff ond coordllftltiOl! witlt wt1ter mOlfogelflelft districts olfd locol
IfIllnldJ1d!itf~8.
ðÍlfce rOJlr IfIllnicif'tJ/it'l borders tlfe loke 8'fmm. '1011 orc IJ1VIted m mill' tlte enlt4lfced
/oke(tolft fol/owed bJ¡ tJ flTe8etft4tiolt 0( tlfe report tJt 100.,"., Moltdtl'l' $ëptember 3Q ~/
1996. tJt Ltlke /do Pork. ,r
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Worrelf H. Nt!VIÆ// . ' ' ~
District' 3 Colfll1flBBlOtter
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