11-16-04 Agenda Reg
City or{
of Delray Beach ilftJ
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Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday. November 16. 2004 and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m, presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section, The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2, SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so,
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to particIpate m and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the CIty, Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listerung devices are available for meetUags in the
Comnussion Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. October 19, 2004 - Regular Meeting
. November 2, 2004 - Regular Meeting
6. PROCLAMATIONS:
A. Recognizing and Commending Melvin Sacharow
B. National Hospice Month - November 2004
7. PRESENTATIONS:
A. RESOLUTION NO, 81-04: Recognizing and Commending Norma Smith for 35
years of dedicated service to the City of Delray Beach.
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of October 21,2004.
B. RESOLUTION NO, 82-04: Approve Resolution No. 82-04 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
City.
C. RESOLUTION NO. 83-04: Approve Resolution No. 83-04 assessing costs for action
necessary to remove junked and/or abandoned vehicles from eight (8) properties
throughout the City.
D. FOOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT 1302-304
S.E. 5TH AVENUE: Authorize the City to act as the utility permit applicant for a
water service connection within the state right-of-way (located at 302-304 S.E. 5th
A venue, southbound U.S. 1) and approve a Hold Harmless Agreement with the
developer (Rockwell Development Company).
E. FOOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT IDEPOT
ROAD: Authorize the City to act as the utility permit applicant for force main work
performed within the state right-of-way (Depot Road, under 1-95) and approve a Hold
Harmless Agreement with the developer (J & D Corporation of South Florida).
11-16-2004
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F. ADDITIONAL AUDIT FEES/ERNST & YOUNG: Approve the payment of
additional Audit Fees for FY 2003 in the amount of $20,000.00 to Ernst & Young for
the debt refunding bond issue transactions and the new GASB 34 transaction reporting
requirements, Funding is available from various departments' operating expense
budget.
G. IN-LIEU OF PARKING FEE AGREEMENT flOE'S RESTAURANT:
Approve an In-Lieu of Parking Fee Agreement with Joe's Restaurant for the purchase
of four (4) in-lieu parking spaces in the amount of $48,000.00. Joe's Restaurant is
located at 19-23 S.E. 5th Avenue (Southbound Federal Highway).
H. WATER SERVICE AGREEMENT/NEW ROCHELLE PLAZA (AKA TIRE
KINGDOM): Approve a water service agreement for New Rochelle Plaza (aka Tire
Kingdom) an unincorporated County parcel, located at the northwest comer of Military
Trail and Conklin Drive.
1. AGREEMENT WITH PENCIL. INC,: Approve an agreement with PENCIL, Inc.,
a non-profit organization that encourages private sector and civic involvement to
support the public schools by inviting individuals to be "Principal For A Day".
J. LEASE AGREEMENT WITH DELRA Y TOYOTA Approve a lease agreement
with Dekay Toyota to lease five (5) Toyota Camry LE's for thirty-nine (39) months in
the amount of $57,447.00 to support the existing Community Observer Patrol (COP)
Volunteer Program. Funding is available in 001-2113-521-44.40 (General Fund/Vehicle
Rental/Lease).
K. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to PVS Technologies, Inc. in the amount of $170,000.00 for
ferric chloride for use in the Water Treatment Plant. Funding is available from
441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
2. Purchase award to Otto Waste Systems in the amount of $35,000.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
3. Purchase award to Club Car Transportation and Utility Vehicles for the
purchase of four (4) 2004 Turf Gasoline Utility Vehicles in the amount of
$21,400.00 via the Flonda State Contract 070-840-400. Funding is available
from 445-4761-572-64,90 (Dekay Municipal Golf Course/ Other
Machinery/Equipment) and 446-4761-572-64.90 (Lakeview Golf Course/Other
Machinery/Equipment).
4. Contract award to Rosso Paving & Drainage, Inc. in the amount of $895,651.65
for the N.E. 4th Avenue (N.E. Atlantic Avenue to N.E. 2nd Street) Beautification
Project, Funding is available from 334-3162-541-65.81 (General Construction
Fund/N.E. 4th Avenue-East Atlantic), 448-5461-538-65.81 (Stormwater Utility
Fund/N.E. 4th Avenue), 442-5178-536-63.51 (Water/Sewer Renewal &
Replacement Fund/Sewer Mains) and 441-5181-536-65.96 (Water/Sewer
Fund/Other Improvements/Reclaimed Water Transmission).
11-16-2004
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9. REGULAR AGENDA:
A. EXTENSION OF CONDITIONAL USE REOUEST /WEATHERSPOON
CAR WASH: Consider a request to extend the conditional use approval to allow the
establishment a car wash facility to be known as Weatherspoon Car Wash, located on
the west side of North Federal Highway (2210 North Federal Highway), approximately
1,600 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing)
B. CONTRACT AWARD/CHAZ EOUIPMENT. INC.: Consider approval of a
contract award to third /owest bidder, Chaz Equipment, Inc., in the amount of
$1,730.052.50 for construction of the Area One Reclaimed Water Transmission System.
Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water
Transmission System).
C. PALM BEACH COUNTY LEAGUE OF CITIES/HOST FOR GENERAL
MEMBERSHIP MEETING: Consider a request from the Palm Beach County
League of Cities for the City to host a League meeting in 2005.
D. ACOUISITION OF PROPERTY /BEXLEY PARK EXPANSION: Consider
authorizing the acquisition of property by gift, purchase, or eminent domain of three (3)
properties adjacent to the Bexley Park site for the expansion of Bexley Park.
1. RESOLUTION NO. 84-04: Consider approval of Resolution No. 84-04
authorizing the acquisition of a 3.18 acre parcel of property owned by Maureen
Churchill, by gift, purchase, or eminent domain for the Expansion of Bexley
Park.
2. RESOLUTION NO. 85-04: Consider approval of Resolution No. 85-04
authorizing the acquisition of a 5 acre parcel of property owned by Joyce Willis,
by gift, purchase, or eminent domain for the Expansion of Bexley Park.
3, RESOLUTION NO. 86-04: Consider approval of Resolution No. 86-04
authorizing the acquisition of a 3.03 acre parcel of property owned by Bill and
Lou Malkemes, by gift, purchase, or eminent domain for the Expansion of
Bexley Park.
E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider approval of the actions and decisions made by the Land Development Boards
for the period November 1,2004 through November 12, 2004.
F. TENNIS CENTER CONSULTING AGREEMENT/]CD SPORTS GROUP,
INC.: Consider approval of a consulting agreement with lCD Sports Group, Inc. in
the amount of $20,000.00 for the period of December 1, 2004 through November 30,
2005. Funding is available from 001-4210-575-34.90 (Tennis Center Special
Events/Other Contractual Services).
11-16-2004
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10. PUBLIC HEARINGS:
A. ORDINANCE NO, 57-04: Annexation, Small-Scale Future Land Use Map (PLUM)
Amendment from County HR (High Density Residential-8 dwelling units per acre) to
City MD (Medium Density Residential 5-12 dwelling units per acre), and rezoning from
AR (Agricultural Residential) to RM (Medium Density Residential) for a 4.86 acre
property, located on the west side of Military Trail, approximately 700 feet south of
Atlantic Avenue. (Quasi-Judicial Hearing)
B. ORDINANCE NO, 59-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(K) "Development Standards Matrix" to provide for a change in the minimum
building setbacks and Section 4.4.24, "Old School Square Historic Arts District"
(OSSHAD), to provide for changes to the Principal Uses, Accessory Uses, Conditional
Uses, Review and Approval Process, Development Standards and Special District
Regulations to regulate development size, massing, and scale.
C. ORDINANCE NO. 49-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the
Land Development Regulations by amending Section 2.4.6(H), "Temporary Use
Permit" regarding horse drawn carriages to allow the use of horse drawn carriages (for
special events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season.
D. ORDINANCE NO. 66-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) to create a new Article
4,7, "Family/Workforce Housing", enacting 4.4.6(H)(6), "Density Bonuses", amending
Article 4.5, "Overlay and Environmental Management Districts", by enacting 4.5.9,
"Southwest Neighborhood Overlay District", 4.5.10, "Southwest 10th Street Overlay
District", and 4.5.11, "Carver Estates Overlay District", to provide for regulations and
incentives to build workforce housing and to create overlay districts which are entided
to density bonuses for the provision of workforce housing units. If passed, a second
public hearing will be scheduled for December 6, 2004.
E. ORDINANCE NO, 64-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR)
Subsection 4.3.3(0)(1), Application; 4.3.40)(4), "Increases to Height Regulations";
Subsection 4.3.4(K), "Development Standards Matrix" , Section 4.4.9 "General
Commercial (GC) District"; Section 4.4.13, "Central Business District (CBD)";
Subsection 4.4.24(F), "Development Standards"; Section 4.5.6, "The West Atlantic
Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation";
Subsection 4.6.9(E)(3), "In-lieu Fee", and Subsection 4.6.18 "Architectural Elevations
and Aesthetics" to incorporate regulations related to the GC (General Commercial)
portion of the West Atlantic A venue Overlay District into the CBD (Central Business
District).
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F. ORDINANCE NO. 62-04: An ordinance amending Land Development Regulations
(LDR) , 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance to
nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures.
G. ORDINANCE NO. 63-04: An ordinance amending Land Development Regulations
(LDR), Appendix "A", "Definitions", to provide a more detailed definition of "Sign".
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community Facilities)
and R-l-A (Single Family Residential) to RM (Medium Density Residential) for an 8.96
acre parcel of land for The Cottages at Banyan Village, located at the southwest comer
of Swinton Avenue and S.W. 10th Street. If passed, a public hearing will be scheduled
for December 6, 2004.
B. ORDINANCE NO, 65-04: Future Land Use Map Amendment (FLUM) from
County LR-3 (Low Residential - 3 units per acre) to GC (General Commercial) and
annexation with initial zoning of AC (Automotive Commercial) for a parcel of land
within unincorporated Palm Beach County, located at 5005 Conklin Drive (northwest
comer of Military Trail and Conklin Drive aka Tire Kingdom). If passed, a public
hearing will be scheduled for December 6, 2004.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 12, 2004
11-16-2004
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CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. NOVEMBER 16. 2004
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
8. CONSENT AGENDA
L. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING
RECIPIENT: Authorize and approve subordination of the City's second mortgage in the
amount of $22,500.00 to allow the applicant to secure new financing.
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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.
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OCTOBER 19. 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October 19,2004.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - David T. Harden, City Manager
Also present were - Robert A. Barcinski, Acting City Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, Acting City Clerk
At this point, Mayor Perlman stated he would like to have a moment of
silence in honor of the memory of Michael Felsberg a local soldier who died in Iraq.
Mayor Perlman stated Michael Felsberg is the son of the former General Manager of the
Tennis Center.
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPROV AL.
Mayor Perlman stated staff has requested to remove Item 9.F" Cari-
Fiesta Special Event. from the Regular Agenda. Mayor Perlman stated there is
additional information for Item 9,E., Al!:reementlBellsouth/Winninl!: Rewards
Prol!:ram. Also, Mayor Perlman requested that Item 9.J., First Nil!:ht International
2005 Conference be moved to the Regular Agenda as Item 9.B.1.
Mr. Costin moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follow: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
5, APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
October 5, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of
October 12, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recoimizine: and Commendine: Perry DonFrancisco
Mayor Perlman read and presented a proclamation hereby recognizing and
commending PERRY DONFRANCISCO for Boston's 25th Anniversary and for Perry's
valuable contributions to the Citizens of Delray Beach throughout the past twenty-five
years. Perry DonFrancisco came forward to accept the proclamation.
6.B. Recoe:nizine: and Commendine: Bert Fashaw
Mayor Perlman read and presented a proclamation hereby recognizing and
commending BERT FASHA W for his service to the community of Del ray Beach and for
a job well done for the Parks and Recreation Department, the City Commission, and the
City of Delray Beach. Bert Fashaw came forward to accept the proclamation.
6.C. Delrav Beach Orchid Society's 14th Annual Show
Mayor Perlman read and presented a proclamation hereby encouraging all
citizens to attend and support the Delray Beach Orchid Society's 14th Annual Show
"Orchid Harvest" to be held at the Old School Square Vintage Gymnasium on October
29t\ 30t\ and 315\ 2004. Julia Hamner came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Delrav Beach Police Department's Accredited Status - Larrv
Schroeder. Police Chief
Larry Schroeder, Police Chief, stated it has been 2 ~ months since the
Police Department went through an on-site visit. Chief Schroeder stated the on-site team
came in the later part of July 2004. Chief Schroeder stated last week several employees
of the Police Department went to Orlando and met before the Commission for the
accreditation. He stated the Delray Beach Police Department is now officially an
accredited Law Enforcement Agency in the State of Florida. Chief Schroeder recognized
and commended the following employees: Maria Bollan, Accreditation Manager,
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10/19/04
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Lieutenant Tony Strianese, Major Will McCollom, David Junghans, Eric Aronowitz and
Steve Hines who helped develop the "First Responder Guide to Unusual Occurrences".
Chief Schroeder stated this manual was displayed at a Regional Domestic Security Task
Force who will adopt the manual for the region and before long the manual will be
adopted for the State. He thanked the City Commission for their continued support.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 78-04: Approve Resolution No. 78-04 assessing
costs for abatement action required to remove nuisances on fifteen (15) properties
throughout the City.
The caption of Resolution No. 78-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 78-04 is on file in the City Clerk's
office. )
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SPA ELEVEN:
Approve and accept a right-of-way deed for Old Dixie Highway associated with the Spa
Eleven Site Plan Modification, located on the east side of North Federal Highway,
approximately 156 feet north of Lake Avenue (1440 North Federal Highway).
8.C. ACCEPTANCE OF UTILITY EASEMENT DEEDITRINITY
EVANGELICAL LUTHERAN CHURCH: Approve and accept a utility easement
deed associated with the Trinity Evangelical Lutheran Church and School, located at the
northwest comer of Lake Ida Road and Swinton Avenue.
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10/19/04
8.D. QUIET TITLE/PARCELS ACQUIRED FROM PALM BEACH
COUNTY: Grant authorization to Quiet Title on three (3) parcels acquired from Palm
Beach County.
8.E. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E.
DALEY: Approve an agreement for consultant/lobbying services between the City and
Kathleen E. Daley and Associates, Inc. in the amount of $48,000.00 for the period
October 1,2004 through September 30,2005. Funding is available from 001-1111-511-
34.90 (General Fund/Other Contractual Services).
8.F. TRI-PARTY AGREEMENT/FIRST NIGHT 2005: Approve an
agreement between the City, Joint Venture, and Old School Square and proposed budget
for the First Night 2005 Event.
8.G. SPECIAL EVENT REQUESTIHOLIDAY PAGEANT PARADE:
Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and
Recreation Department and the Chamber of Commerce to be held on December 11, 2004
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 15t Avenue and Miramar and Lowery for parade set up from
approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal and clean up, and
processing of the FDOT permit.
8.H. SPECIAL EVENT REQUESTIHOLIDAY TREE LIGHTING:
Approve a special event request for the Annual Holiday Tree Lighting to be held on the
grounds of Old School Square on November 27, 2004 from approximately 6:00 p.m. to
9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and closure
of Atlantic A venue from Swinton to NE/SE 2nd Avenue, SE 15t A venue from Atlantic
A venue to the alley and NE 15t A venue from Atlantic A venue to the alley from
approximately 4:00 p.m. to 11 :00 p.m., staff assistance for traffic control and security,
EMS assistance, barricade set-up/removal, trash removal and clean up, set up/use of the
large stage and City generator.
8.1. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the
revised Special Event Policies and Procedures with an effective date of January 1,2005.
8.J. AMENDMENT NO. l/LEASE AGREEMENTIFLORlDA INLAND
NAVIGATIONAL DISTRICT (FIND): Consider approval of Amendment No.1 to the
lease agreement between the City and the Florida Inland Navigational District (FIND) to
incorporate the newly obtained parcel into the existing lease agreement.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 4,2004 through October 15,2004.
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10/19/04
8.L. AWARD OF BIDS AND CONTRACTS:
h Purchase award to Sanders Company, Inc. in the amount of
$27,675.00 for one (1) dry pit/submersible sanitary sewerage pump
for Lift Station No. 50. Funding is available from 442-5178-536-
61.83 (Water/Sewer Renewal and Replacement Fund/Lift Station
No. 50 Conversion).
2. Contract award to Utility Service Co., Inc. in the amount of
$58,645.00 for exterior paint repair of the elevated storage tank,
damage was sustained during Hurricanes Frances and Jeanne.
Funding is available from 442-5178-536-46.90 (Water/Sewer
Renewal and Replacement Fund/Other Repair & Maintenance).
3. Bid award to Sports Turf One, Inc. in the amount of $47,760.00 for
the landscape maintenance of the multi-purpose fields at Atlantic
High School. Funding is available from 001-4131-572-34.90
(General Fund/Other Contractual Services).
Mr. Costin moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. OCEAN RESCUE CONTRACT AND MEMORANDUM OF
UNDERST ANDING. LOCAL 1842. IAFF: Approve the Ocean Rescue Contract and
Memorandum of Understanding requested by Local 1842, IAFF effective October 1,
2003 through September 30, 2004.
Robert A. Barcinski, Acting City Manager, stated the Agreement and
Memorandum of Understanding have been ratified by the Professional Fire Fighters &
Paramedics of Delray Beach Local 1842, IAFF.
Mr. Levinson moved to approve the Ocean Rescue Contract and
Memorandum of Understanding requested by Local 1842 IAFF effective October 1, 2003
through September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.B. AGREEMENT/HORSE DRAWN CARRIAGES. INC.: Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carriage rides along Atlantic A venue as specified from November 1, 2004
through April 30, 2005.
Robert A. Barcinski, Acting City Manager, stated this is an agreement
with Horse Drawn Carriages, Inc. to provide service along Atlantic A venue from
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10/19/04
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November 1,2004 through April 30, 2005.
Mr. Costin moved to approve the agreement between the City of Delray
Beach and Horse Drawn Carriages, Inc., seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - No. Said motion passed with a 4 to 1 vote,
Mayor Perlman dissenting.
9.B,1. FIRST NIGHT INTERNATIONAL 2005 CONFERENCE: Consider
acceptance of an invitation to be the host City for the First Night International Annual
Conference to be held April 9-13, 2005 and accept the host committee responsibilities.
Robert A. Barcinski, Acting City Manager, stated the City of Delray
Beach has been invited to be the host City for the First Night International Annual
Conference proposed to be held April 9-13, 2005 and accept the host committee
responsibilities.
Mr. Levinson moved to approve the First Night International Annual
Conference proposed to be held April 9-13, 2005 and accept the host committee
responsibilities, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.C. GRANT AGREEMENT WITH THE AMERICAN LEGION POST
AND THE CARING KITCHEN AND RESTATED LEASE AGREEMENT WITH
THE AMERICAN LEGION POST: Consider approval of a Grant Award Agreement
between the City, the American Legion Post 188, and Christians Reaching Out To
Society, Inc. (The Caring Kitchen) and approval of the Restated Lease Agreement
between the City and the American Legion Post 188.
Mrs. Archer moved to approve the Grant Agreement with the American
Legion Post and the Caring Kitchen and Restated Lease Agreement with the American
Legion Post, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.D. FOURTH AMENDMENTIBLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of the Fourth Amendment to the
Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.c. to allow rental or condominium units to be developed on the
property.
The City Attorney stated the Community Redevelopment Agency (CRA)
approved the Fourth Amendment to the Contract for Sale and Purchase between the CRA
and Block 77 Development Group. The City, as a third party beneficiary of the contract
has been asked to approve modifications to the contract. The amendment allows the
CRA to do either rental or ownership of units.
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10/19/04
--
Mayor Perlman stated he thinks to have ownership downtown is a good
step.
Mr. Levinson moved to approve the Fourth Amendment to the Block 77
Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C., seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Ms, McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.E. AGREEMENT/BELLSOUTH/WINNING REWARDS PROGRAM:
Consider approval of a three (3) year agreement between the City and BellSouth
Telecommunications for the Winning Rewards Program which will result in savings to
the City of$105,190.20.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
Commission to approve a three (3) year agreement with BellSouth Telecommunications
under the Winning Rewards Program. This offer is available to new and existing
BellSouth Business service customers. Mr. Barcinski stated this agreement will result in
savings to the City in the amount of$105,190.20.
Ms. McCarthy asked if this supports the discrepancy in the numbers for
the maximum monthly award. The City Attorney stated the outside amount is
approximately $3,000 but the actual amount the City will save is $2,921.95 and when
multiplied out it does come out correctly.
Mr. Costin moved to approve a three (3) year agreement with BellSouth,
Telecommunications for the Winning Rewards Program, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
9.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.G. REQUEST/ORCHID SOCIETY: Consider approval of a request from
Julia Hamner to recognize the Orchid Society's Orchid Show as a special event and
authorize the placement of event signs by City staff at four (4) locations in the City. Staff
recommends denial.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
the Orchid Society to recognize their show as an event and to authorize the erection of
4'x 4' event signs by City staff at the designated four (4) locations. The Orchid Society
will again be holding their Orchid Society Show on October 29th, 30th, and 31st in the
gymnasium at Old School Square. Since this is a private rental at an inside location at
Old School Square this show is not an event that would be required to go through the
event permit process, Staff recommends denial of the request due to the precedence it
would set.
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10/19/04
Mr. Levinson stated for next year he suggested that they follow the
correct process.
Mrs. Archer moved to approve as a minor event with the understanding
that they would receive no other services from the City except the erection of signs,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin-
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.H. RESOLUTION NO. 79-04: Consider approval of Resolution No. 79-04
authorizing the expenditure of funds to educate and inform the public about the proposed
Palm Beach County Charter Amendment regarding municipal annexation.
The caption of Resolution No. 79-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF FUNDS TO
EDUCATE AND INFORM THE PUBLIC
CONCERNING PALM BEACH COUNTY'S
PROPOSED CHARTER AMENDMENTS RELATING
TO MUNICIPAL ANNEXATION AND THE
REASONS THE CITY IS OPPOSED TO THE
PROPOSED ANNEXATION; URGING THE
CITIZENS NOT TO ADOPT SUCH AMENDMENT;
AND PROVIDING AN EFFECTNE DATE.
(The official copy of Resolution No. 79-04 is on file in the City Clerk's
office. )
The City Attorney stated this resolution authorizes the expenditure of
funds for education purposes as to the ballot issue on annexation. She stated the City had
a motion for temporary injunction that was denied by the Court on Friday. The City
Attorney stated she does not feel it is a good idea to appeal at this time on the temporary
injunction; however, we can go forward with the ongoing lawsuit. The City of West
Palm Beach has intervened and the City of Delray hopes that other cities will also
intervene. The City Attorney stated this resolution entails the authorization to spend
money for the education on this ballot issue.
Mr. Levinson stated he had a conversation with Jamie Titcomb who
suggested that the City of Delray Beach authorize up to $25,000 and let the City Manager
work with the PAC to identify what the City's fair share would be. The City Attorney
stated having some money budgeted for education is not necessarily for the sole purpose
of giving money to the PAC but to do some other items outside of the PAC.
Mr. Levinson moved to approve to authorize up to $25,000 for
educational purposes for informing voters as it relates to the annexation referendum and
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10/19/04
give the City Manager discretion to work with the League of Cities Board to identify a
final amount which would be appropriate for our size City; and, approve Resolution No.
79-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
9.1. PALM BEACH COUNTY LEGISLATIVE DELEGATION: Discuss
the Palm Beach County Legislative Delegation Public Hearing Schedule for the 2005
Legislative Session.
Mayor Perlman announced that a Public Hearing will be held on the 2005
Legislative Session at Old School Square on November 23, 2004. He stated as a host city
the City of Delray Beach will be speaking at 2:00-2:03 p.m. and has to present their
"wish list".
Mr. Levinson suggested that the Commission create a "legislative agenda"
similar to what has been done in the past.
Ms. McCarthy stated she would like to make sure this information is
passed along to EPOCH, Roots and any other organization that may not be represented
this evening. Mr. Levinson suggested that a letter be sent to the Cultural Alliance.
It was the consensus of the Commission to bring forth issues to be
discussed at the November 9, 2004 Workshop meeting.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community
Facilities) and R-I-A (Single Family Residential) to RM (Medium Density Residential)
for an 8.96 acre parcel of land for The Cottages at Banyan Village, located at the
southwest comer of Swinton Avenue and S.W. 10th Street. If passed, a public hearing
will be scheduled for November 2, 2004.
The caption of Ordinance No. 60-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF SW 10TH STREET AND SOUTH
SWINTON AVENUE, AS MORE PARTICULARLY
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10/19/04
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, JULY 2004";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 60-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance and stated staff needs
to work on the ordinance prior to dealing with the workforce housing issue in a restrictive
covenant fashion. The City Attorney stated staff is not having a quasi-judicial hearing
now; however, this is to inform the Commission of what the Planning and Zoning Board
discussed.
Paul Dorling, Director of Planning and Zoning, stated the Planning and
Zoning Board considered this revision last night at their meeting and after significant
discussion relating to the workforce housing that is being proposed as part of this petition
they unanimously recommended approval of this request. At its meeting of June 8, 2004,
the City Commission approved the FLUM amendment and rezoning. The approval was
to facilitate transmittal of the amendment to the Department of Community Affairs
(DCA) with direction that the applicant address concerns related to the density and
affordable housing with staff before the amendment returned from the State. The
applicant has been working with staff to meet the requirements of the Southwest Area
Neighborhood Redevelopment Plan (provision of affordable housing) and has modified
their rezoning application from RM-I0 to RM - a change in the proposed maximum
allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per
acre.
Mr. Dorling stated if someone receives an RM designation you are
guaranteed six (6) units to the acre and one can achieve up to twelve (12) based upon the
degree that the performance standards are met that are identified in the LDR's. If there is
a suffix placed on it (i.e. RM-I0) means that you have a range between 6 and 10 also
based upon meeting the performance standards but you could not go above ten dwelling
units per acre.
The City Attorney stated with regard to the performance standards as they
currently exist, they do not address workforce housing as one of the criteria for density
assessments. Furthermore, the City Attorney because of that and because staff has been
working on this ordinance idea, suggested that staff postpone this so that staff can
develop this ordinance.
Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 S. Swinton
Avenue), Delray Beach, entered into the record an article from the October 17, 2004
Palm Beach Post. Mr. Weiner stated their deadline is December ih which would give
them 30 days for publication of the ordinance, sufficient time for a Plannin~ and Zoning
meeting on the November 22nd, and two hearings (one on November 23T and one on
December th). Mr. Weiner stated if the deadline of December 7th cannot be met then
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10/19/04
they cannot move forward with the project.
Ms. McCarthy declared a conflict of interest and stepped down from the
dais.
Mr. Costin moved to table Ordinance No. 60-04 on FIRST Reading with
direction to proceed with haste, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m. the City Commission moved to the
duly advertised Public Hearings portion ofthe Agenda.
10. PUBLIC HEARINGS:
10. A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM)
for two separate parcels that are part of land swap activity associated with the
establishment of the Intracoastal Park site. The first parcel is a small-scale (FLUM)
Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling
units per acre) and rezoning from POD (Professional and Office District) to RM
(Medium Density Residential) for a 0.13 acre parcel that is currently owned by the
Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN
(Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and OS-C
(Open Space-Conservation) to OS-C (Open Space-Conservation) and rezoning from POD
(Professional and Office District), RM (Medium Density Residential), and CD
(Conservation District) to OS (Open Space) which consists of 4.47 acres, generally
located on the east side of South Federal Highway between S.E. 10th Street and Linton
Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 48-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM TRN
(TRANSITIONAL) IN PART, RM (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC) IN PART AND OS-C
(OPEN SPACE, CONSERVATION) IN PART TO OS-C
(OPEN SPACE, CONSERVATION), AND FROM TRN
(TRANSITIONAL) TO MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
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10/19/04
AMENDMENTS; REZONING AND PLACING LAND
PRESENTLY ZONED POD (PROFESSIONAL AND
OFFICE DISTRICT) DISTRICT IN PART, RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT IN
PART AND CD (CONSERVATION) DISTRICT IN
PART TO OS (OPEN SPACE) DISTRICT, AND FROM
POD (PROFESSIONAL AND OFFICE DISTRICT) TO
RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND
BEING GENERALLY LOCATED ON THE EAST SIDE
OF US HIGHWAY NO.1, BETWEEN SE 10TH STREET
AND LINTON BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY
2004"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 48-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman read into the record the City of Delray Beach procedures
for a quasi-judicial hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D, Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, briefly reviewed the
changes and stated POD (professional and Office District) to RM (Medium Density
Residential) and the largest tract is proposed to go from RM (Medium Density
Residential), POD (Professional and Office District), and CD (Conservation District) to
open space. Mr. Dorling stated this proposal relates to two different portions of
properties that include the land conveyed to the Delray Harbor Club immediately to the
north to accommodate additional parking and the remainder to contain a passive
conservation area, additional boat ramps, and associated parking for the Intracoastal Park.
Over the past year the City has been negotiating with FIND (Florida Inland Navigation
District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to
utilize the property for the construction of additional boat ramps. A Real Property
Exchange Agreement has been executed which involved land swaps between the parties.
With this exchange completed, future land use and zoning changes are necessary to
reflect the appropriate designations to accommodate the future uses. At its meeting of
September 7, 2004, the City Commission initiated the small-scale Future Land Use Map
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10/19/04
amendments and zoning changes for both portions.
At its meeting of September 27, 2004, the Planning and Zoning Board
held a public hearing in conjunction with the Rezoning and FLUM amendment requests.
Several members of the public representing the residential development (Harbourside)
were in attendance. One person from the public spoke and did not see the need for
additional boat ramps and suggested that development be limited to additional parking to
overflow from Knowles Park. After reviewing the staff report and discussing the
proposal, the Board unanimously voted 4-0 (Morris, Borchardt, Walker absent) to
recommend that the requests be approved by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Section
2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's.
Mayor Perlman declared the public hearing open.
Stanley Shaw, 1 Harbourside Drive (#3405), Delray Beach, suggested that
prior to moving forward with this ordinance the Commission take into consideration three
key points: (1) sufficient parking, (2) consultation with Palm Tran about what will
happen to the bus stop if it is to be moved, and (3) the swale (immediately at the
approach to this particular property and what will be the entrance to this park).
There being no one else from the public who wished to speak in favor or
in opposition of Ordinance No. 48-04, the public hearing was closed.
Prior to the vote, Mayor Perlman stated Mr. Shaw's concerns will be
addressed during the site plan process and suggested that a fourth concern to buffer the
facility be taken into consideration as well.
Mayor Perlman noted that the Site Plan Review and Appearance (SPRAB)
Board meeting will be held on Wednesday, November 10,2004 at 6:00 p.m. in the City
Commission Chambers.
Mr. Costin moved to adopt Ordinance No. 48-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes, Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 29-04 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future
Land Use Map (FLUM) amendments. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 29-04 is as follows:
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10/19/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2004-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT" (FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243 INCLUSIVE)
ALL AS MORE PARTICULARLY DESCRIBED IN
EXHmIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2004-2" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 29-04 is on file in the City Clerk's
office. )
Amendment 2004-02 includes:
1. Text Amendments:
a. Future Land Use Element - Modification of the description of the
Medium Density FLUM designation to include provisions for
increased density to approximately 24 units/acre within the
boundaries of a special overlay district within the Southwest
Neighborhood Area, subject to Conditional Use approval. This
overlay district, located between the commercial area along West
Atlantic Avenue and S.W. 2nd Street, from Swinton Avenue to
Interstate 95, is being created to accommodate higher density
residential development pursuant to the Southwest Area
Neighborhood Redevelopment Plan;
b. Future Land Use Element - Modification of the descriptions of the
Commercial FLUM designations related to the West Atlantic
Overlay Area;
c. Future Land Use Element - Modification of FLUM category
descriptions to reflect consolidation and elimination of
unnecessary FLUM designations;
d. Transportation Element - Revise Map #17, Intermodal Facilities;
e. Transportation Element - Revision to policies under Objective D-3
to address and update timetables and the completion of tasks;
f. Housing Element - Update Residential Neighborhood
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10/19/04
Categorization Map to reflect existing land use and boundary
changes;
g. Public Facilities Element - Add objective and policies related to
the regional water supply plan and preparation of a 10-year Water
Supply Facilities Work Plan addressing water supply facilities
necessary to serve existing and new development;
h. Conservation Element - Amendment dealing with public
recreation and boat ramps in conservation areas to achieve internal
Plan consistency with the Open Space and Recreation Element;
1. Conservation Element - Add objective and policy addressing
projected water needs and sources considering the South Florida
Water Management District's Lower East Coast Water Supply
Plan;
J. Open Space and Recreation Element - Add policy stating that all
park planning will be compatible with the adopted City of Delray
Beach Parks and Recreation System Master Plan;
k. Intergovernmental Coordination Element - Add policy to ensure
coordination of the Comprehensive Plan with the regional water
supply plan;
1. Capital Improvement Element - Modify Table CI-CIP (5-Year
Capital Improvements Schedule for Projects>$25,000) to reflect
implementation of the new $24 million Parks and Recreation Bond
and adoption of the FY 2005-2009 Capital Improvement Program;
m. Capital Improvement Element - Modification of Table SD-CIP.
This table is the School District's Six Year Capital Improvement
Schedule referenced in CIP Element Policy A-8.3;
n. Public Schools Facilities Element - Updated Map Series for the
School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3.
Eliminate Maps PS 3.2 and PS 3.4;
o. Public Schools Facilities Element - Elimination ofthe appendices;
p, Public Schools Facilities Element - Minor text changes throughout
the element to amend references to the updated Map Series;
updated Six Year Capital Improvement Schedule; and the deleted
Appendices;
q. Public Schools Facilities Element - Amendments required to
maintain consistency with the recently amended Interlocal
Agreement:
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10/19/04
. Add definition for "First FTE Student Count" to definitions
section
. Amend Policy A-1.1 dealing with the level of service standard
. Amend Policy A-3.1 dealing with intergovernmental
coordination
r. Open Space Facilities Element - Add policy to establish an urban
park at Old School Square.
2. Future Land Use Map Amendments:
a. Privately initiated Future Land Use Map (FLUM) Amendment
from LD (Low Density Residential 0-5 duJac) to MD (Medium
Density Residential 5-12 duJac) for The Cottages at Banyan
Village, located at the southwest comer of Swinton Avenue and
S.W. 10th Street.
b. City initiated Future Land Use Map Amendment from GC (General
Commercial) to CC (Commercial Core) for properties generally
located on the north and south sides of West Atlantic Avenue,
between NW/SW 1st Avenue (l00 Block) and NW/SW 12th Avenue
(1200 Block) within the West Atlantic Avenue Overlay District.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Ms. McCarthy declared a conflict of interest and stepped down from the
dais.
Ron Hoggard, Senior Planner (redevelopment) stated Comprehensive Plan
Amendment 2004-02 was approved on first reading in June 2004 and transmitted to the
Florida Department of Community Affairs (DCA). The Plan includes twenty-eight text
amendments and two land use plan amendments (one City initiated and one privately
initiated). Mr. Hoggard stated there have been two changes since the DCA review, The
first one is related to the ten year water supply facilities work plan and DCA has asked
the City to withdraw that from the Comprehensive Plan since they extended the date for
the requirements for adoption of the plan and local elements and in order to give the
regional water management districts more time to complete their updated regional supply
plans, Staff left the policy related to the Plan as part of the text amendments that call for
adopting the Plan and how it integrates into the overall Comprehensive Plan. With
regard to the second change, originally staff was amending the City's Five Year Capital
Improvement Program and that was to provide for integrating the grant for the Parks
Bond, The City has since adopted its revised Capital Improvements Program (CIP) this
year and now the latest CIP is included in the Plan. One FLUM amendment is for the
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10/19/04
West Atlantic Overlay area from GC (General Commercial) to CBD (Central Business
District) to support the Downtown Master Plan calling for one CBD District from 1-95 to
A-I-A. The second FLUM amendment is for The Cottages at Banyan Village. This was
sent to the State and gives the applicant a chance to work with staff on the affordability
Issues.
Mayor Perlman declared the public hearing open.
Brenda Edwards, 702 S.W. 1st Street, Delray Beach (mother's home),
stated the property has been placed in Trust and she is speaking on behalf of the Trust,
asked how this transition will take place, what's the timeline for this transition, and what
specifically will the homeowners' in the community be required to relinquish at some
point in the future to support this change.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 29-04, the public hearing was closed.
Mr. Hoggard stated a rezoning is not being done at 702 S.W. 1st Street.
All that is being done is the City is adding additional potential to the property there
within the existing RM (Medium Density Residential) District to make it go from 12
units per acre to 24 units per acre with affordability components. Mr. Hoggard stated the
City is not going to be taking any property and explained there is no transition in the
rezoning because it is not being rezoned.
Mayor Perlman stated these amendments are in support of the Southwest
Neighborhood Plan which was a resident driven plan that was being done over a period
of a year or two. Mr. Hoggard stated the Plan called for higher density in this area in
order to create more affordability options.
Ms, McCarthy asked if an act of God were to happen and a house burned
down, would the people who own those single-family homes today be able to rebuild a
single family home. Mr. Hoggard stated single-family homes are allowable in the
district.
Mr. Costin moved to adopt Ordinance No. 29-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 61-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.095, by amending Subsection (A)(2)
"Participant Contributions", to provide for an increased employee contribution. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 61-04 is as follows:
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10/19/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SECTION 35.095, BY AMENDING
SUBSECTION (A)(2), "PAR TICIP ANT
CONTRIBUTIONS", TO PROVIDE FOR AN
INCREASED EMPLOYEE CONTRIBUTION;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 61-04 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
For clarification, the City Attorney read the language on page two which
states "Beginning with the first pay period after November 1, 2004, participants who are
not included in the bargaining unit specified in Paragraph (4) shall contribute two and
one-half percent (2.5%) of basic compensation." Therefore, the City Attorney stated this
ordinance applies to all general employees with the exception of those general employees
represented by the NCF&O,
Mayor Perlman declared the public hearing open.
Carolyn Killings, Business Agent for Local 1227 representing the NCF&O
for the City of Delray Beach, asked for clarification regarding the ordinance.
Gertrude Green, S.W. 4th Avenue, Delray Beach, stated she was born in
Delray Beach on S.W. 4th Avenue and has recently moved a few years ago on Lake Ida
Road. She gave a brief history of Delray Beach and the properties throughout the
community.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 61-04, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 61-04 on Second and FINAL
Reading, seconded by Mr, Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes, Said motion passed with a 5 to 0 vote.
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10/19/04
10.D. ORDINANCE NO. 31-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance rezoning from GC (General Commercial) to CBD (Central
Business District) for 41.53 acres of land for properties generally located on the north and
south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and
NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District.
Prior to consideration of passage of this ordinance on Second Reading/Second Public
Hearing, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 31-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GC (GENERAL COMMERCIAL) DISTRICT
TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT;
SAID LAND BEING PARCELS OF LAND LOCATED
ON THE NORTH AND SOUTH SIDES OF WEST
ATLANTIC AVENUE, BETWEEN NW/SW 1ST
AVENUE AND NW/SW 12TH AVENUE, AS MORE
PARTICULARLY DESCRffiED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY
2004"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws ofthe State of Florida and the Charter of the City of Delray Beach, Florida.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, stated this is the related
rezoning associated with the actions the Commission took in the Comprehensive Plan.
The Downtown Master Plan talked about creating a single zoning district that being CBD
(Central Business District) to the ocean. Currently, this area is zoned CBD and this will
change the commercial area from GC (General Commercial) to CBD (Central Business
District) and will correspond with the Downtown Plan; it will be the CBD West Atlantic
area, a CBD core area and then there is a CBD beach area, The CBD regulations would
apply across the entire district.
- 19 -
10/19/04
At its meeting of May 17, 2004, the Planning and Zoning Board held a
public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-
02. There was public testimony in opposition to the request that primarily related to
concerns with displacing residences and property owners being forced to sell their
properties for redevelopment. It was further explained that the rezoning of the existing
commercially zoned properties to CBD was to apply one zoning designation for the
downtown area and that it was not associated with any specific development proposal.
The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the
proposed rezoning.
Ms. McCarthy asked with this type of zoning are there any things that
become non-conforming uses? Mr. Dorling stated financial institutions are a permitted
use in the GC and now become a conditional use in the CBD; movie theatres become a
conditional use in the CBD. The City Attorney stated if they are established they do not
have to go through the process because they are automatically an approved conditional
use. Mr. Dorling stated if they exist today then they would be considered to have
conditional use approval upon adoption. Ms. McCarthy inquired about the businesses
currently on West Atlantic Avenue and asked if there are things that become non-
conforming uses. Ms. McCarthy inquired about a vehicle care business that is already in
place. Mr. Dorling stated the business could continue if it is a legal non-conforming use.
The City Attorney stated a legal non-conforming use would apply and because it was
established before in a sense it is grandfathered in and is acceptable. Ms, McCarthy
inquired about what happens if a business sells before this ordinance is voted on. Mr.
Dorling stated ownership does not make a difference because it would still be considered
legal non-conforming, Mr. Dorling stated if the business is legally established as a non-
conforming use and they do not cease operating for six months then the business can
continue operating.
Mayor Perlman opened the public hearing and stated if anyone from the
public would like to speak in favor or in opposition of the ordinance, to come forward at
this time.
Mrs. Angela Randolph, 2525 N. Swinton Avenue, Delray Beach, asked
how the rezoning will affect the people in the community regarding taxation.
Mayor Perlman stated if someone has a private residence and is
homesteaded the most the taxes could go up is 3% on an annual basis. Mrs. Randolph
inquired about rental property in the overlay district. Mr. Levinson stated if the value of
the property because their adjacent uses, both businesses would be valued for that highest
and best use; however, for a single-family residence or a multi-family residence, the
value of the property (in a commercial multi-family) is based upon the value of the rental
Income. Mr. Levinson stated the change from GC to CBD will have little impact by
itself.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 31-04, the public hearing was closed,
- 20-
10/19/04
~~~
Ms. McCarthy stated even under the GC zoning because of the market the
taxes are going to continue to go up each year even if the zoning is kept the way that it is.
Ms. McCarthy moved to adopt Ordinance No. 31-04 on Second
Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
to.E. RESOLUTION NO. 76-04: Consider approval of Resolution No. 76-04
authorizing the City to sell property located off of Jasmine Drive in the Tropic Isle
Subdivision and Contract for Sale and Purchase between the City and Gold Coast Homes
in the amount of $9,650.00; and approve and accept a utility easement deed to allow the
City to install a drainage pipe from Jasmine Drive to the canal. Prior to consideration of
passage of this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 76-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRA Y
BEACH, FLORIDA.
(The official copy of Resolution No. 76-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the resolution. A public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Del ray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 76-04, the
public hearing was closed.
Mr. Costin moved to approve Resolution No. 76-04 and acceptance of the
utility easement deed, seconded by Ms, McCarthy. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin
- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
to.F. ORDINANCE NO. 58-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR), Appendix
"A" "Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated
- 21 -
10/19/04
-~-- -----
Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA)
"Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in
the General Commercial (GC) and Planned Commercial (PC) Zoning Districts. Prior to
consideration of passage of this ordinance on Second Reading/Second Public Hearing, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 58-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING APPENDIX "A" TO PROVIDE A
DEFINITION OF "ADULT GAMING CENTER", "COIN-
OPERATED AMUSEMENT DEVICES" AND "SLOT
MACHINES", BY AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL
PROVISIONS", SECTION 4.3.3 "SPECIAL
REQUIREMENTS FOR SPECIFIC USES"; BY
ENACTING A NEW SUBSECTION 4.3. 3 (AAA),
"ADULT GAMING CENTERS", IN ORDER TO
PROVIDE FOR REGULATION AND ZONING OF
SUCH FACILITIES; AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", AND
SECTION 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT" TO INCLUDE ADULT GAMING CENTERS
AMONG THE CONDITIONAL USES ALLOWED IN
BOTH THE GC AND PC ZONING DISTRICTS;
ENACTING SECTION 113.03, "PROHffiITION OF
CONSUMPTION, POSSESSION, OR SALE OF
ALCOHOLIC BEVERAGES", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 58-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on January 6, 2004
the City Commission approved a conditional use for Spinners Arcade at Military Trail
and Linton Boulevard. During the analysis the issue of whether this type of use would be
considered gambling or not was discussed. At that time, similar operations in the State of
- 22-
10/19/04
Florida, more notably in the County of Sarasota were being reviewed by the courts to
determine whether they met the definition of Arcade Amusement Facility and are
therefore exempt from Florida's prohibition on gambling. The Court system has come
back with a finding that it does not meet the condition of gambling. In a concern that
there would be an influx of these adult arcade establishments at its meeting of July 20,
2004, the City Commission approved an ordinance (Ordinance No. 37-04) extending the
moratorium for 90 days (October 20, 2004) to complete the LDR amendments.
Ordinance No. 58-04 allows the type of use as a conditional use in the GC (General
Commercial) and the Planned Commercial (PC) and also establishes criteria to ensure
reduction in any secondary effects that would have a negative impact on the general
public as well as the area surrounding the use. The proposed amendment does not permit
adult gaming centers within 1,000 feet of an existing adult gaming center and does not
permit the use within a designated redevelopment area or in historic structures.
At its meeting of September 27, 2004, the Planning and Zoning Board
held a public hearing regarding the amendment. There was no public testimony
regarding the proposed changes. After discussing the amendment, the Board voted 4-0
(Borchardt, Morris & Walker absent) to recommend approval of the proposed
amendment, based upon positive findings with LDR Section 2.4.5(M).
At first reading, there was a comment by the City Commission whether
there were additional court cases still pending. Mr. Dorling stated there is a case pending
before the 5th District Court of Appeals in V olusia County and if this DCA does in fact
determine the use to be gambling then the differences between the two district courts
would likely have to be certified by the Florida Supreme Court.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 58-04, the public hearing
was closed.
Prior to the vote, Mayor Perlman stated he dislikes these things; however,
he feels the City is being forced to have some regulations because of the way the current
court system has gone. He stated on a conditional use this does give the City the ability
to talk about compatibility issues, etc.
Mr. Levinson moved to adopt Ordinance No. 58-04 on Second
Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the Acting City Manager and the Public,
B.A. Actin!! City Mana!!er's response to prior public comments and
inauiries.
- 23 -
10/19/04
-----
Robert A. Barcinski, Acting City Manager, had no response to prior public
comments and inquiries.
11.B. From the Public.
11.B.1. Ree:inald Butler. 4639 Franwood Drive. Delrav Beach. asked the
Commission why they decided to move from a GC (General Commercial) district to a
CBD (Central Business District).
Mayor Perlman stated the rationale is the City of Delray Beach created a
Downtown Master Plan to put the zoning in place to facilitate that Plan. It's basically
looking for consistency and redefining the Plan to include everything from 1-95 to A-I-A.
Ms. McCarthy stated there were meetings that were held for citizens who
live in the areas and in the communities that abut it (anyone who wished to attend).
These people came to conclusions of what they wanted to see in the downtown area on
West Atlantic Avenue. Consequently, the Downtown Master Plan was developed along
with the Southwest/Northwest Plan. In order to achieve the goals that were developed
from the citizens' input, it required some zoning changes so the products they were
looking for would be able to be incorporated and become a reality. All the input from the
meetings has been put into a Master Plan and now the Plan is beginning to be
implemented. In order to move forward with the Plan, some of the zoning has to be
changed and modified to accommodate the suggestions that were made.
Mr. Butler inquired about some of the pros and cons. Ms. McCarthy
suggested that Mr. Butler get a copy of the Downtown Master Plan and review it. In
addition, she would like to meet with Mr. Butler once he reviews the Plan.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. Actine: City Manae:er
Robert A. Barcinski, Acting City Manager, had no comments or inquiries
on non-agenda items.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
- 24-
10/19/04
Mrs. Archer stated this past weekend with the support of the Drug Task
Force the South County Recovery Residents' Association had its second seminar. There
were approximately 6-7 sober house operators in attendance and the purpose of the
seminar was to set forth their operating requirements for facilities such as sober houses in
an effort to upgrade the quality of maintenance of the owners of these dwellings and to
make sure that new individuals who come into the area and want to try and operate such a
sober house understand the requirements to do this as set forth by the City codes, the
Police Department, and the Fire Department. She stated in attendance there was Police
Chief Schroeder, Assistant Fire Chief Bill Adams, and Code Enforcement Supervisor
Tom Meeteer giving information about the City of Delray Beach. It's been
approximately eight months since their first seminar in February and since that time
reports from the Police Chief and Code Enforcement indicated that there has been a 50-
60% drop in the number of complaints or calls associated with sober houses. Mrs,
Archer stated the Drug Task Force is very pleased with the fact that they have supported
this effort and that the operators have been most helpful and cooperative in an effort to
try and assist in raising the level of operators in addition to eliminating the operators who
have not been performing satisfactorily. She stated she sees this as huge success. Also,
Mrs. Archer commented about some additional information that came up at the seminar
and noted the Department of Children and Families (DCF) is now establishing criteria for
sober houses based upon the State Supportive Based Initiatives which means they will
have to set forth criteria for the State for registering sober houses in order to be able to
provide support for them so that there will be some regulatory authority involved.
13.C.2. Mr. Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3. Ms. McCarthv
Ms, McCarthy had no comments or inquiries on non-agenda items,
13.C.4. Mr. Levinson
Mr. Levinson commented about the North Swinton Historic Area Proposal
and stated he has been receiving emails and telephone calls from several people who
were concerned over the timing because many people were not here at the time the notice
of the first meeting was conducted. He asked if the City Attorney's office has a question
and answer sheet and maybe some other things that might help mitigate some concerns
about it. He stated one individual stated she was not going to be able to buy
homeowner's insurance if her house was designated historic. Mr. Levinson suggested
that the Commission be updated on the status and possibly inteIject some correspondence
to some of the people in this neighborhood.
Paul Dorling, Director of Planning and Zoning, stated has distributed
correspondence (i.e. questions and answers). Mr. Dorling stated it is scheduled to come
back to the Historic Preservation Board (HPB) on November 3, 2004 specifically to
- 25-
10/19/04
address the insurance issue. He stated it does not relate to whether someone is in a
historic district or not but relates to the age of the structure. If this is approved by HPB
on November 3,2004, then it will be before the Commission on November 16, 2004. If
HPB approves the Lake Ida District, this would be before the Commission for a first
reading on November 2,2004 and a second reading on November 16,2004.
Mr. Costin stated he has been doing a lot of research on this issue because
he too has received numerous calls and letters. He stated Mr. Dorling is correct that it
does not have to do with the designation of a historic district or a historic structure; it's
the age of the building. Mr. Costin stated he was informed by several insurance agents
that some insurance companies are seriously considering a 25 year age limit on a policy
before an individual updates wiring, plumbing, roofing, etc. Some companies have a 25,
35, 40, and 50 year policy termination unless you upgrade your residence.
Mr. Levinson stated he just wants to make sure that we are getting the
word out so that people are aware of it. He stated there is an email network through the
Lake Ida Homeowners' Association and reiterated that if there is a document with
questions and answers (most frequently asked questions) it may help to answer many of
the concerns. Mr. Dorling stated staff has had a couple public hearing items, have
attended association meetings in addition to distributing a brochure of the positives and
negatives of being in a district and made presentations to them.
I3.C.S. Mavor Perlman
Mayor Perlman stated he received a telephone call from Office Depot and
they are going to hold off on their move to Boca Raton pending the hiring of a new CEO
(national search) which could take up to three months. Today, he was informed that the
memo that went out to the employees was that Office Depot was going to sell the
property that they had put under contract in Boca and reinvest in the Delray Beach site.
Mayor Perlman stated this was a little different information than what was told to him
yesterday. Mayor Perlman stated he would like to keep this Fortune 500 Company here
and announced on November 19,2004, the Commission will meet the Interim CEO.
Secondly, Mayor Perlman stated he had a meeting yesterday with a group
called the SHEF A Fund which is out of Philadelphia. He stated this is a Philanthropic
group that is looking to raise $600,000 for mortgages and to assist homeownership. He
stated they defined it as the Village Academy neighborhood (Southwest area) where they
would like to concentrate their efforts. He stated this would help people to purchase
homes and would be like a revolving loan pool and would be below interest rate market
mortgages. Mayor Perlman asked that this item be placed on the November 9, 2004
Workshop agenda.
He reported that before the hurricane, the Florida Redevelopment
Association won a first place award for the marketing of the Downtown Master Plan.
Mayor Perlman stated we continually run across people that have not heard about it or do
not know the contents. He feels the marketing plan was good but noted there is a
- 26-
10/19/04
-------
continued need to constantly work on public information and communication in a
practical way.
Lastly, Mayor Perlman stated the Residents' Academy began last week
and he, Vice Mayor McCarthy, and Commissioner Archer were in attendance. He
encouraged people from the public to sign up for the Residents' Academy.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:05 p.m.
Acting City Clerk
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 19, 2004, which Minutes were formally approved and adopted by the City
Commission on
Acting City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 27-
10/19/04
---
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
'TV. OR COMMITTEE
a OTHER LOCAL AGENCY
MY
a APPOINTIVE
WHO MUST FILE FORM 88
This fonn is for use by any person selVing at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112,3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary gready depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local publiC offICe MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies under See, 163.356 or
163.357, F.S" and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity,
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law, A Mbusiness associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutes,
* * * * * . . * . * . * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes, (Continued on other side)
CE FORM 88 - EFF, 1/2000 PAGE 1
\ O\\~\cN ~ \ \:)B
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immegiately to the other members of the agency,
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating,
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
_ meeting. who must incorporate the form in the minutes, A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, , hereby disclose that on Or' ~f.i!.- /9 ,20~:
L I
(a) A measure came or will come before my agen
~ inured to my special private gain or loss;
_ Inured to the special gain or loss of my business associate, ,
_ inured to the special gain or loss of my relative, .
_ Inured to the special gain or loss of ,by
whom I am retained; or
_ Inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
My Real Estate Agent listed this property pending litigation.
--
/(). 1f'61
Date Flied /
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE fORM 88 - Eff, 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME~IR :r E-MID LE NAME
~ i i'
63
Q OTHER LOCAl AGENCY
Q APPOINTIVE
WHO MUST FILE FORM 88
This foon Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes,
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions on this foon before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under See, 163.356 or
163.357, F,S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law, A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange),
. . . . . * * * * . * . . . . *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
. . . . * * * * * . . * . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you othelWise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete ~nd file this foon (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes, (Continued on other side)
CE FORM 88 - EFF. 1/2000 PAGE 1
\ ""'\ , r. \ "''' \ ~~ \ d-..-f\
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immedlately to the other members of the agency,
. The tonn must be read publicly at the next meeting after the form is filed,
IF YOU MAKE NO ATTEMPT TO INflUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. Yau must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
.meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST .~i-'
I, hereby disclose that on O~llI~/ ?'
(a) A measure came or will come
~ inured to my Special private gain or loss;
_ Inured to the special gain or loss of my business associate, ,
_ Inured to the special gain or loss of my relative, ,
_ Inured to the special gain or loss of ,by
whom I am retained; or
_ Inured to the speclal gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me,
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
My Real Estate Agent listed this property pending litigation.
NOTICE: UNDER PROVISIONS OF flORIDA STATUTES ~112.317, A FAILURE TO MAKE ~y REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
ce FORM 8B - EFF, 112000 PAGE 2
NOVEMBER 2. 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, November 2, 2004.
L Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T, Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, Acting City Clerk
2. The opening prayer was delivered by Matthew "Bump" Mitchell with the
Delray Beach Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPROVAL.
Mayor Perlman stated Item 10.B., Ordinance No. 42-04 will be tabled
due to the applicant's request.
The City Attorney stated there are some proposed revisions to Item 10.A.,
Ordinance No. 59-04.
Mayor Perlman requested that Item 8.F., Special Event Request/Art &
Jazz on the Avenue, be moved to the Regular Agenda as Item 9.H.
Mr. Levinson requested that Item 8.H., City Rec02nition and Gifts
Policy, be moved to the Regular Agenda as Item 9.1.
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
None.
6. PROCLAMATIONS:
6.A. Children's Book Week - November 15-21. 2004
Mayor Perlman read and presented a proclamation proclaiming the week
of November 15-21, 2004 as Children's Book Week in Delray Beach, Florida. John
Callahan III came forward to accept the proclamation and stated Linda Hunter,
Children's Librarian, is in her 20th year encouraging reading amongst young children.
Mayor Perlman congratulated and commended Mr. Callahan, his staff, and the patrons
for being named the top library in Palm Beach County.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 80-04: Recognizing and Commending Jessie
Grant for 30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 80-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING AND COMMENDING JESSIE
GRANT FOR THIRTY YEARS OF DEDICATED
SERVICE TO THE CITY OF DELRA Y BEACH.
(The caption of Resolution No. 80-04 is on file in the City Clerk's office.)
Mayor Perlman read and presented a resolution to Jessie Grant for thirty
years of dedicated service to the City of Delray Beach. Dan Beatty, Deputy Director of
Public Utilities, came forward to accept the resolution and plaque,
Mr. Costin moved to approve Resolution No. 80-04, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
7.B. SW Presidents' Association. Carolyn Gholston
Carolyn Gholston, Southwest Presidents' Association, stated the members
of the Southwest and Northwest Presidents' Association as the sponsor of the Multi-
Cultural Festival thanked the Commission for their support over the years. Ms. Gholston
stated this is their 7th year and this year over 1,500 people attended the festival. The Boy
Scouts opened the program this year. Ms. Gholston presented each Commissioner, the
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11/02/04
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City Manager, Lula Butler, Chief Schroeder, Major McCollom, and the Community
Redevelopment Agency (CRA) with a plaque for their support of the Multi-Cultural
Festival. In addition, Ms. Gholston gave special recognition to Boy Scout Troop #317.
7.C. Race Relations Strateev. Sam Mathis
Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor and
resident of Delray Beach, gave a brief presentation related to the development and
implementation of a "Race Relations Dialog and Strategy" for Delray Beach. He stated
this will help move Delray Beach closer to achieving its goal of a "Community of Unity".
Delray Beach is a community that is the highlight of the east coast because of the
diversity which exists in the community.
Mr. Levinson stated he feels this could not have come at a better time.
Mayor Perlman stated the Commission touched on this during the
Downtown Master Plan process in 2001 and it was left unfinished. Mayor Perlman stated
this is a very important and needed effort and he is happy to be working with Mr. Mathis.
Mrs. Archer stated she too had the opportunity to meet with Mr. Mathis
yesterday and she is excited about being in a position to be able to get our hands around
dealing with the issue that has been of concern for so long. She feels this will benefit
Delray and help to expedite the community unity.
Mayor Perlman inquired about the schedule for this project. Lula Butler,
Director of Community Improvement, stated the Town Hall meeting schedules will be
either the third week of November or the first week of December. Mayor Perlman stated
the Town Hall meeting as Mr. Mathis has outlined is unlike anything the City has done
before and suggested that it be marketed this way.
Mr. Costin stated this puts Delray in the forefront and he feels other
communities will follow.
Mr. Mathis thanked the Commission for taking a proactive position to
begin to embrace this for the betterment of the community.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV ALIDIXIE DEL-IDA PLAT:
Approve the minor subdivision plat for Dixie Del-Ida, a re-plat of a portion of Lots 2, 3,
4, and 5, Block 5, Del Ida Park, the property is bounded by N.E. 2nd Avenue and Dixie
Boulevard.
8.B. FINAL SUBDIVISION PLAT APPROV ALIDIXIE DEL-IDA POINT
PLAT: Approve the minor subdivision plat for Del-Ida Point, a re-plat of a portion of
Lots 26, 27, and 28, Block 4, Del Ida Park, located on the southwest comer of N.E. 2nd
Avenue and N.E. 6th Street.
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11/02/04
8.C, ACCEPTANCE OF RIGHT-OF-WAY DEEDI19 SOUTH SWINTON
A VENUE: Approve and accept a right-of-way deed associated with 19 South Swinton
A venue, located on the east side of South Swinton A venue, approximately 256 feet south
of Atlantic A venue within the Old School Square Historic Arts District.
8.D. CHANGE ORDER NO. 2/FINAL PAYMENT/D.N. HIGGINS. INC.:
Approve Change Order No.2 in the amount of $127,167.87 and final payment in the
amount of $214,672.16 to D.N. Higgins, Inc. for the Seacrest Neighborhood
Improvements Phase IV Project. Funding is available from 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida) and 334-3162-541-
65.43 (General Construction Fund/Lake Ida Road North).
8.E. AMENDMENTS NO. 2/P ALM BEACH COUNTY FINANCIAL
ASSISTANCE AGREEMENTS: Approve Amendment No. 2 to the Financial
Assistance Agreements with Palm Beach County for the Lake Ida Road Beautification to
allow for an extension of the deadline to apply for financial reimbursement.
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.H.
8.G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/A VDA: Approve and authorize the
execution of a sub-recipient funding agreement with Aid to Victims of Domestic Abuse
(A VDA) in the amount of $50,000.00 under the Community Development Block Grant
(CDBG) program for FY 2002-2003. Funding is available from 118-1965-554-83.01
(CDBG/Miscellaneous Expense/Other Grants and Aid).
8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.1.
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 18, 2004 through October 29, 2004.
8.J. AWARD OF BIDS AND CONTRACTS:
L Contract award to Eimco Water Technologies, Inc. in the amount
of $187,830.00 for the rehabilitation of Clarifier No. 1 at the Water
Treatment Plant Project. Funding is available from 442-5178-536-
64.90 (Water/Sewer Renewal and Replacement Fund/Other
Machinery and Equipment).
2. Purchase award to Line-Tech, Inc. in the amount of $50,000.00 via
the city of Boynton Beach Contract for water service relocation.
Funding is available from 442-5178-536-65.17 (Water/Sewer
Renewal and Replacement Fund/Water Service Relocations).
3. Purchase award to Chaz Equipment in the amount of $50,000.00
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11/02/04
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for sanitary sewer manhole rehabilitation. Funding is available
from 442-5178-536-61.84 (Water/Sewer Renewal and
Replacement Fund/Manhole Rehabilitation).
4. Purchase award to Duval Ford in the amount of$19,376.00 via the
State of Florida Contract for the purchase of one (1) I-Ton Utility
Body Pickup Truck for the Water & Sewer Network Division.
Funding is available from 441-5161-536-64.25 (Water/Sewer
Fund/Heavy Equipment).
5. The following items are associated with the Capacity Upgrade of
Lift Station 100A Project:
!:. Purchase award to Southeastern Pump in the amount of
$19,257.00 for the purchase of pumps, rails, breakaway
fittings, and electrical components.
b. Purchase award to R.B. Grove, Inc. in the amount of
$33,450.00 for the purchase of a fixed 125 KV A fixed
generator.
c. Contract award to Murray Logan Construction, Inc. in the
amount of $48,000.00 via the Northern Palm Beach County
Improvement District Contract for labor and equipment.
Funding is available from 441-5181-536-69.29 (Water/Sewer
FundlLS 100A Capacity Upgrade).
6. Purchase award to Garber Ford Fleet Sales in the amount of
$17,276.00 via the Sheriffs Association and Florida Association
Contract for the purchase of one (1) %-Ton Utility Body Pickup
Truck for the Parks and Recreation Department. Funding is
available from 501-3312-591-64.20 (Central Garage
Fundi Automotive).
7. Purchase award to Florida Rural Water Association (FRW A) in the
amount of $64,400.00 for the purchase of thirteen (13) Skid
Mounted Generators. Funding is available from 441-5161-536-
64.90 (Water/Sewer Fund/New Capital/Other Machinery and
Equipment).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded
by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. LANDSCAPE MAINTENANCE AGREEMENT/BERKHEIMER
BUILIDNG: Consider approval of and acceptance of a Landscape Maintenance
Agreement for the Berkheimer Building, located at 80 N.E. 4th Avenue.
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11/02/04
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Mrs. Archer declared a conflict of interest and stepped down from the
dais.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
November 19, 2003, the Site Plan Review and Appearance Board approved a Class I Site
Plan Modification request for the Berkheimer Building subject to conditions. The
applicant is requesting the removal of a portion of the excess asphalt between the parking
stalls and the building to allow the installation of five Travellers Palms underplanted with
Red fountain grass and Cocoplum hedges. One of the conditions of approval was that a
landscape maintenance agreement be executed which obligates this development to
construct, install and maintain the newly installed landscaping within the City owned
parking lot. The City Attorney has reviewed the agreement for legal sufficiency and
form, and determined it to be acceptable.
Mr. Costin moved to approve the Landscape Maintenance Agreement for
the Berkheimer Building, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr.
Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.B. REQUEST FOR WAIVER/ABBEY DELRAY SOUTH: Consider a
waiver request from Abbey Delray South, located at 1717 Homewood Boulevard, to
Land Development Regulations Section 4.6.7(E)(1) to allow the placement of an off-
premise sign. (Quasi-Judicial Hearing)
At this point, Mrs. Archer returned to the dais.
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mrs. Archer, Mr. Costin, Ms. McCarthy, and Mayor Perlman had no ex
parte communications. Mr. Levinson stated he had a conversation with Mr. Gildersleeve
at the Abbey Delray South Men's Club last week.
Lula Butler, Director of Community Improvement, stated this item is
consideration to waive Section 4.6.7(E)(1) of the LDR's requiring signs to be located on
the property on which the business is located. At its meeting of August 25, 2004, the Site
Plan Review and Appearance Board (SPRAB) found that this particular property is a
unique location and because of its setback it is difficult for people to identify the
entrance. The Board supported the waiver because a significant number of elderly
travelers are unable to read the sign and drive by the entrance. The Board also agreed
that Abbey Delray South is a voting precinct and voters are having trouble locating their
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11/02/04
voting station, voting unanimously to forward the sign on to the City Commission for
consideration to waive Section 4.6.7(E)(1) Off-Premise Signs. Section 2.4.7(B) of the
LDR's allows the City Commission to grant waivers to this section of the code governing
signs after making a finding of fact based on one of the following: (1) shall not adversely
affect the neighborhood area, (2) shall not significantly diminish the provision of public
facilities, (3) shall not create an unsafe situation, (4) does not result in the granting of a
special privilege in that the same waiver would not be granted under similar
circumstances on other property for another applicant or owner. Staff recommends
approval of the waiver request to Section 4.6.7(E)(1) based on the finding and
recommendations ofthe SPRAB.
Shawn Perrigo, Administrator of Abbey Delray South, 1717 Homewood
Boulevard, Delray Beach, thanked Lula Butler and her staff, along with Jean Beer and
Earl Teske (residents of Abbey Delray South). He stated Abbey Delray South is a voting
precinct and also noted there are two other communities in Delray Beach where over
1,000 are employed between the three communities. Mr. Perrigo stated people often get
Abbey Delray South confused with the neighboring community (Crosswinds) and the
property where he would like to put the sign is on the comer of Linton and Homewood
Boulevard. Mr. Perrigo stated it will be beneficial to the community because they are a
voting precinct.
Jean Beer, resident of Abbey Delray South, presented photographs to the
Commission showing what one would see coming up Homewood Boulevard from the
other side of the light and also as you turn right from Linton Boulevard onto Homewood
Boulevard.
Earl Teske, resident of Abbey Delray South, stated last May there were 23
unsold units and at the present time there are 17 unoccupied units. As a result, Mr. Teske
stated there is over a $200,000 deficit in the operating budget and $25,000,000 deficit in
the reserves. Mr. Teske stated Abbey Delray South is difficult for people to find and
urged the Commission to approve the waiver request.
Prior to the vote, Ms. McCarthy stated this is very timely and she feels it
makes good sense.
Mrs. Archer moved to approve the waiver request from Abbey Delray
South to Section 4.6. 7(E)(1) of the LDR's to allow the placement of an off-premise sign
based on the finding and recommendations of the Site Plan Review and Appearance
Board (SPRAB), seconded by Mr. Costin, Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.C. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CONTRACT WITH ASPHALT
CONSULTANTS. INC. FOR CONSTRUCTION OF IMPROVEMENTSI NW/SW
5TH A VENUE AND CONTRACT ADDITION NO.1 FOR MILLER PARK :
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11/02/04
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy.
Richard Hasko, Director of Environmental Services, stated staff
recommends approval of an Interlocal Agreement with the CRA, an agreement with
Asphalt Consultants, Inc. and a Contract Addition No. 1 with Asphalt Consultants, Inc.
for the construction of improvements for NW IS W 5th A venue and the resurfacing of the
Miller Park parking lot. Mr. Hasko stated this project represents the first item under
major project actions on Goal #1 for expanded downtown from 1-95 to A-I-A and also
represents major project #1 under major projects for fiscal year 200412005. Therefore,
Mr. Hasko stated this forwards the goals and objectives for the coming year.
Mr. Levinson inquired about the Miller Field Resurfacing. Mr. Rasko
stated other than the fact that the cost of asphalt has increased one of the reasons this
appears to be a little pricey is because this is not just a resurfacing. Mr. Rasko stated
there are dollars in there for repairing and adjusting valves, etc.
9.C.1. Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) in an amount not to exceed $1,094,823.38.
Mrs. Archer moved to approve the Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA), seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.C.2. Consider approval of a contract between the City and Asphalt Consultants,
Inc. in the amount of $1,853,886.75 for the construction of improvements for the
NW/SW 5th Avenue Beautification Project. Funding is available from 334-3162-541-
65.83 (General Construction Fund), 442-5178-536-65.83 (Water &
Sewer/Renewal/Replacement) and 448-5461-538-65,83 (Stormwater Utility Fund).
Mr. Costin moved to approve the contract between the City and Asphalt
Consultants, Inc. for the construction of improvements for the NW/SW 5th Avenue
Beautification Project, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin -
Yes. Said motion passed with a 4 to 0 vote.
9.C.3. Consider approval of Contract Addition No. 1 between the City and
Asphalt Consultants, Inc. in the amount of $88,314.00 for the resurfacing of the Miller
Park parking lot, Funding is available from 001-6111-519-49.90 (General Fund/Other
Current Charges).
Mr. Levinson moved to approve the Contract Addition No. 1 between the
City and Asphalt Consultants, Inc., seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin-
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11/02/04
Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
9.D, INITIATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDR): Formally initiate an amendment to Land Development
Regulations regarding height limitations in the CBD (Central Business District).
At this point, Mayor Perlman returned to the dais.
Mr. Costin declared a conflict of interest and stepped down from the dais.
Paul Dorling, Director of Planning and Zoning, handed out a colored
version of the map and explained that the City Commission has identified concerns over
the recent intensity of development in the CBD (Central Business District) in particular a
recent proliferation of development requests and inquiries seeking conditional use
approval for height exceeding the 48 feet limit. Particular concern is noted relating to the
impact of increases in height on less intense zoning districts which surround the CBD and
in many cases these districts have a maximum height limit of 35 feet. Currently, staff is
processing some changes regarding the OSSHAD district which prohibit the ability for
certain parcels that are now subject to CBD regulations. This proposed amendment will
further enhance these efforts by creating a 150 foot buffer that will not allow an increase
in height (between 48 feet and 60 feet) if the CBD property abuts a zoning district having
a maximum height of 35 feet. The amendment will also look at tightening up the criteria
that must be met in order to increase height throughout the CBD as well as other areas
where increases in height are allowed.
Brief discussion between staff and the Commission followed.
Mr. Levinson moved to approve to initiate the amendment to Section
4.3.4(J)(4) "Increases in height regulations" to limit the area in the CBD available for an
increase in height and to modify the criteria which must be met to support and increase in
height, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
9.E. TAX RULING: Consider granting permission to request a private letter
ruling regarding payment of increased benefits.
At this point, Commissioner Costin returned to the dais.
The City Attorney stated this item is whether to seek a private letter
ruling from the IRS regarding the purchase of increased benefits for those Drop
Employees and others who may want to purchase an increased multiplier benefit. The
anticipated cost is between $5,000 and $10,000 in attorney's fees and a user fee of
approximately $6,000. The City Attorney stated there is a similar event with retired
school teachers; however, the letter ruling was not favorable.
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11/02/04
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Mayor Perlman inquired about the $6,000 user fee. The City Attorney
stated the user fee is an IRS rule that you have to pay to get a letter ruling (i.e. like a
special assessment).
Mr. Levinson asked how many employees have expressed interest. The
City Attorney stated she is not certain of the actual number of individuals who are
interested in purchasing the increased multiplier benefit. The City Attorney stated she
received an email that indicated there was sufficient interest among the Police and Fire
Drop participants that they would like the City to move forward with this.
Mayor Perlman asked if this is incumbent upon the Commission or would
it be the Pension Board to pay for the ruling. The City Manager stated this would apply
to both the City's Pension Plans.
Mr. Levinson stated he would like to know more specifically how many
have an interest.
The City Attorney stated there are two issues: (1) people who are in the
DROP Plan, and (2) there are issues with other pension plans for employees who are not
in the DROP Plan who may want to purchase the actuarial value of an increased
multiplier.
After brief discussion the City Commission directed the City Attorney to
provide more information regarding the number of employees who may want to purchase
an increased multiplier benefit.
At this point, the time being 7:02 p.m. the Commission moved to the duly
advertised Public Hearings portion ofthe Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-04 (FIRST READINGIFIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(K) "Development Standards Matrix" to provide for a change in the minimum
building setbacks and Section 4.4.24, "Old School Square Historic Arts District"
(OSSHAD), to provide for changes to the Principal Uses, Accessory Uses, Conditional
Uses, Review and Approval Process, Development Standards and Special District
Regulations to regulate development size, massing, and scale. If passed, a second public
hearing will be scheduled for November 16,2004. Prior to consideration of passage of
this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled
to be held at this time.
The caption of Ordinance No. 59-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
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AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX", TO PROVIDE FOR A
CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", TO
PROVIDE FOR CHANGES TO THE PRINCIPAL USES,
ACCESSORY USES, CONDITIONAL USES, REVIEW
AND APPROVAL PROCESS, DEVELOPMENT
STANDARDS AND SPECIAL DISTRICT
REGULATIONS IN ORDER TO HELP REGULATE
DEVELOPMENT SIZE, MASSING AND SCALE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTWE DATE.
(The official copy of Ordinance No. 59-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at a previous
meeting the City Commission raised concerns that Old School Square Historic Arts
District (OS SHAD) zonmg district regulations did not adequately discourage
development which could negatively impact the character of the District. Staff reviewed
the zoning regulations and made some revisions. The proposed text amendment will
allow no more than two residential units in a mixed use structure and clarifies multi-
family structures and townhouses are not currently permitted in the district. The
amendment also limits the width of a building fronting a street to 60 feet and requires a
minimum separation of 15 feet between buildings fronting a street for a development site
that contains more than one structure. These dimensions have been selected as it reflects
the prominent development pattern given the average lot width of 75 feet and requires
side setbacks of 7 Y2 feet within the district. Mr. Dorling stated this also would not allow
a building height in excess of 48 feet on OSSHAD zoned properties subject to CBD
regulations.
At its meeting of October 18, 2004, the Planning and Zoning Board held a
public hearing regarding this item, There were two members of the public who spoke in
opposition to the amendment. One person owned two properties and was concerned that
he could not add additional units on the property as a result of the amendment. He was
informed that multiple family structures are currently not allowed and the amendment
will provide clarification to that affect. A representative of Dharma properties expressed
concerns with limiting the width of the structures fronting a street and felt that existing
historic structures could not be constructed based on the proposed amendment. The
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11/02/04
Board voted 5-1 (Pike dissenting, Krall absent) to recommend approval of the proposed
amendment by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M) of the LDR's.
Mayor Perlman asked how staff derived at the 60 foot length. Mr. Dorling
stated this was derived at from an average lot size of 75 feet which would allow a 60 foot
building given the 7 ~ foot side setbacks of the district.
Brief discussion between staff and the Commission followed.
Mayor Perlman declared the public hearing open.
Paul Nicoletti, Attorney with Moyle, Flanigan, Katz, Raymond &
Sheehan, P.A. in West Palm Beach (representing Dharma Properties, Inc.) urged the
Commission to approve the ordinance as it is.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 59-04, the public hearing was closed.
Prior to the vote, Mayor Perlman asked for clarification regarding a
comment expressed by Mr. Nicoletti regarding aggregated lots. Mr. Dorling stated the
reference that if you have aggregation you have multiple buildings (a 60 foot building
and the required 15 feet between them) so you could have a larger piece but break it up
into smaller buildings rather than to have a larger building. Staff feels this is inconsistent
with the development of the district. Mayor Perlman asked what buildings are the 100
foot buildings. Mr. Dorling stated the 100 foot buildings are the two office buildings
across the street, the MRI facility, and the new office building south of 1 st.
Ms. McCarthy made reference to Section 4.4.24(B)(9) Bed and Breakfast
Inns of the ordinance and asked if a Bed and Breakfast Inn could actually be located on
the land south of Atlantic A venue on the east side of the street if the lots were put
together and did a Unity of Title or would the applicant be restricted from doing
something like that. Mr. Dorling stated the applicant could seek a conditional use
approval for a residence inn; the ordinance as proposed would require that it be multiple
buildings with a maximum of 60 feet in length for each but would allow connections for
the weather between buildings. The mass of the buildings would have to be 15 feet a part
but they could have covered walkways between multiple buildings. Mr. Dorling stated
the character of the OSSHAD is small development and has a particular character to it
unlike some other areas ofthe CBD.
Mr. Levinson moved to approve Ordinance No. 59-04 and approve the
amendment to the LDR Sections 4.3.4(K) and 4.4.24 by adopting the findings of fact and
law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's with
the omission of the reference "and (7)" in paragraph (F)(4) and the deletion of paragraph
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11/02/04
-
(F)(7) in its entirety on First ReadinglFirst Public Hearing, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed
with a 4 to 1 vote, Ms. McCarthy dissenting.
10.B. THIS ITEM HAS BEEN TABLED PER THE APPLICANT'S
REQUEST.
to.C. ORDINANCE NO. 49-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the
Land Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit"
regarding horse drawn carriages to allow the use of horse drawn carriages (for special
events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season. If passed, a second
public hearing will be scheduled for November 16, 2004. Prior to consideration of
passage of this ordinance on First Reading/First Public Reading, a public hearing has
been scheduled to be held at this time.
The caption of Ordinance No. 49-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 2.4.6 (H)(3)(D) BY
ADDING SUBSECTION 2.4.6(H)(3)(D), (2),
ALLOWING THE USE OF HORSE DRAWN
CARRIAGES FOR SPECIAL EVENTS IF THE OWNER
OR OPERA TOR HAS A LICENSE AGREEMENT
APPROVED BY THE CITY COMMISSION AND
PROVIDING FOR LIMITED HOURS IN THE SUMMER
SEASON; PROVIDING A SA VING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 49-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
November 4, 2003, the City Commission approved an amendment to the LDR's
regarding Section 2.4.6(H) adding "Horse Drawn Carriage Rides, Ice Skating Rink,
Carousal, and Other Related Holiday, Seasonal/Temporary Uses" as one of the temporary
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11/02/04
use categories allowed under LDR Section 2.4.6(H). This new amendment proposes to
add that if an owner/operator enters into a license agreement with the City of Delray
Beach they would be subject to specific terms and times that they would be allowed to
have special event rides; with the exception that between June 1st through November 1 st
they would not be allowed to have these rides except between 6:00 p.m. and 10:00 p.m.
Or, if there were a wedding they could also have the morning hours of 8:00 a.m, and
12:00 noon. This restriction would assure that the rides would not be conducted between
the hottest parts ofthe day.
At its meeting of August 26, 2004, the Planning and Zoning Board
considered the amendment. The Board asked for some additional clarification and the
amendment was brought back to the Board at their meeting of October 18, 2004. One of
the vendors from Horse Drawn Carriages, Inc. felt there should be no restrictions on the
hours of operation. After deliberation the Planning and Zoning Board recommended
approval of the proposed amendment without the language restricting hours of operation,
by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the LDR's. The Community Redevelopment Agency (CRA) also reviewed
the LDR amendment at their August 12,2004 meeting and after discussion voted to defer
this item to the City Commission. The DDA considered the amendment at their August
13, 2004 meeting and recommended denial. The Board felt that there should be no
restrictions on the hours of operation because that would be self regulated by the carriage
operators. It was thought that the operators would have the animal's welfare in mind and
would not operate at hours that would be dangerous for the animals.
Mayor Perlman stated the CRA needs to formally vote on issues.
Mr. Levinson stated he discussed this with the CRA at their last meeting
and they have agreed to do this.
Mayor Perlman declared the public hearing open.
Rebecca Learman, Owner of Horse Drawn Carriages, Inc., (11715 Sunset
Boulevard, West Palm Beach, FL 33411), stated the horses are a part of her family and
noted that Florida is the second largest horse populated State in the nation. Ms. Learman
discussed detailed guidelines regarding temperatures, etc. She stated most weddings
during the summer in the late afternoon. She asked the hours not be limited or if they
were limited, to accommodate weddings.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 49-04, the public hearing was closed.
Prior to the vote, Mrs. Archer stated if there is an afternoon wedding how
long is the horse on the street? In response, Ms. Learman stated in the summer most of
the weddings last one hour with the maximum length of time for the weddings being two
hours. Ms. Learman stated this is the time that the horses actually hitch to the carriage.
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11/02/04
--
Mrs. Archer proposed to not limit the hours to noon if the horses are going to be on the
street for two hours. Mr. Levinson did not concur with comments expressed by Mrs.
Archer and therefore did not amend his motion.
Mr. Levinson moved to approve Ordinance No. 49-04 and approve the
amendment to the LDR's Section 2.4,6(H)(3) "Regulations and Restrictions" by adding
Subsection 2.4.6(H)(3)(d)(2), allowing Horse Drawn carriage rides for special events if
the operator has a license agreement approved by the City Commission and providing
limited hours in the summer season by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the LDR's on First Reading/First Public
Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - No. Said motion passed with a 3 to 2 vote, Mrs. Archer and Mayor Perlman
dissenting.
10.D. ORDINANCE NO. 64-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR)
Subsection 4.3.3(0)(1), Application; 4.3.4(1)(4), "Increases to Height Regulations";
Subsection 4.3.4(K), "Development Standards Matrix", Section 4.4.9 "General
Commercial (GC) District"; Section 4.4.13, "Central Business District (CBD)";
Subsection 4.4.24(F), "Development Standards"; Section 4.5.6, "The West Atlantic
Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation";
Subsection 4.6.9(E)(3), "In-lieu Fee", and Subsection 4.6.18 "Architectural Elevations
and Aesthetics" to incorporate regulations related to the GC (General Commercial)
portion of the West Atlantic Avenue Overlay District into the CBD (Central Business
District). If passed, a second public hearing will be scheduled for November 16, 2004.
Prior to consideration of passage of this ordinance on First Reading/First Public Hearing,
a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 64-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SUB-SUBSECTION 4.3.3(0)(1),
"APPLICATION"; SUB-SUBSECTION 4.3.4(1)(4),
"INCREASES TO HEIGHT REGULATIONS";
SUBSECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX"; SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT; SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT";
SUBSECTION 4.4.24(F), "DEVELOPMENT
ST ANDARDS"; SECTION 4.5.6, "THE WEST
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11/02/04
~-- ~-~--
ATLANTIC OVERLAY DISTRICT"; SUBSECTION
4.6.4(A), "COMMERCIAL ZONING ADJACENT TO
RESIDENTIAL ZONING OR ZONING DISTRICTS
WITH A THIRTY -FIVE (35) FOOT HEIGHT
LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-
LIEU FEE" AND SUBSECTION 4.6.18,
"ARCHITECTURAL ELEV A TIONS AND
AESTHETICS"; PROVIDING A SA VING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 64-04 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
March 19,2002, the City Commission adopted the Downtown Delray Beach Master Plan
to guide future development of the downtown business districts. The goal is to include
these districts within one zoning classification - the CBD (Central Business District). In
the interim since this was being sent to DCA, the City adopted the design guidelines into
the GC (General Commercial) district so that they would apply and be utilized for
development in the West Atlantic Overlay district. Now that these amendments have
come back from DCA and the zoning is CBD, it is appropriate to modify the GC and
move it into the CBD.
At its meeting of October 18, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the proposed text amendment. There was no public
testimony regarding the proposed changes. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 6-0 (Krall absent), by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the LDR's.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 49-04, the
public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 64-04 on First
Reading/First Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes, Said motion passed with a 5 to 0 vote.
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11/02/04
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
II.A. City Manal!er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
mqumes.
II.B. From the Public.
H.B.I. Loren Levinson. 943 Everl!reen Drive. Delray Beach. FL 33483
thanked Mayor Perlman and Commissioner Costin for visiting the 4th graders at Banyan
Creek Elementary School. She stated the children were very excited to meet their local
leaders and it helped bring to life what they were studying in class. In addition, Miss
Levinson presented Mayor Perlman and Commissioner Costin with a card signed by the
entire 4th grade class.
H.B.2. Timothy Marks. 218 N,E. 7th Avenue. Delray Beach, stated sidewalks
are being installed on his block without any notification to the residents about the
installation. Mr. Marks stated after conversing with several residents and the previous
owners of a property, he realized that no notice was given to the residents of the street
regarding the sidewalk installation nor was there any public notice. Mr. Marks stated he
pursued this issue with Richard Hasko, Director of Environmental Services, and Randal
Krejcarek, City Engineer. Mr. Marks stated City staff indicated that the company is not
working with any portion of the City and the matter was funded by the Federal
Government and a request was put in for funding in 1996. He stated between that time
up until two weeks ago, there has been no indication to the community as to what was
going on and now that they have the money, they're implementing the sidewalks. Mr.
Marks submitted two documents into the record and requested a hearing on this matter
for November 16, 2004 so some of the residents can voice their concerns.
Mayor Perlman asked if there is a City policy regarding notification to the
public. The City Manager stated the public should have been notified.
Mr. Levinson commented that they are not building on anybody's
easement but are building on right-of-way.
Mr. Marks stated most property owners' have taken the time to maintain
and beautify the fronts of their properties and in his opinion are now being penalized for
no notification ofthe sidewalk installation,
II.B.3. Debbie Frvbarl!er. 531 Anchor Point. Delray Beach. FL 33444
(Delray Lakes subdivision), expressed concern over the overgrown vegetation that has
taken over the "L" shaped canal behind Anchor Point leading into Lake Ida. Ms.
Frybarger stated she is seeking assistance relief and asked who's responsible for
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11/02/04
maintaining the canal. In addition, she requested that the Commission place this item on
their next agenda.
11.B.4. Len Cava. 1095 Anchor Point. Delrav Beach. FL 33444 (Delrav Lakes
subdivision), has attempted to seek numerous avenues to get assistance with regard to the
overgrown vegetation and showed photographs of what the canal looked like in May
2004 and what the canal looks like currently (November 2004).
11.B.5. Harvev Tucker. 1135 Anchor Point. Delrav Beach. FL 33444 (Delrav
Lakes subdivision) stated he spent a few days on the telephone trying to get answers and
he was informed that he had to pull permits to install docks in his backyard. He stated
according to a Commissioner who is charge of Boynton Beach weed control, the Federal
Government withdrew funding for eight canals. However, Mr. Tucker stated all the
canals off Lake Ida are being sprayed by a company called Aquatic Vegetation Control,
Inc. (6753 Garden Road, Suite #109, Riviera Beach, FL 33404) with the exception of the
canal behind Anchor Point and he would like to know why this canal is not being
maintained.
At this point, the time being 7:50 p.m., the Commission moved to Item
9.F. of the Regular Agenda.
9.F. PROPOSAL FOR SETTLEMENT IN VOSBURGH v. CITY OF
DELRA Y BEACH: Consider a Proposal for Settlement in the amount of $12,500.00 in
Vosburgh v. City of Delray Beach. Staff recommendation is acceptance.
The City Attorney stated this is a case which involves a Delray Beach
Police Officer and a lawsuit filed against the City. The Plaintiff has agreed to settle the
case for $12,500.00 including attorneys' fees and costs. If the City proceeds to trial, staff
expects the City's costs for expert witnesses and trial preparation to be well over
$15,000.00.
Prior to the vote, Mr. Levinson stated he supports the recommendation of
the settlement amount of$12,500.00.
Mrs. Archer stated approving the settlement would send the wrong
message to the Police Department. However, being prudent about the financial costs
involved, she feels it would be better to approve the settlement offer of$12,500.00.
Mayor Perlman stated he feels there is always a delicate balance between
fiscal prudence and not settling even though it may be a good case. He feels the
statement in the newspaper sends a very negative message to the Police Department.
Therefore, he will not support the settlement.
Mr. Costin stated the cost of litigation is very expensive and he feels this
is cost effective. In addition, Mr. Costin stated by approving the settlement offer it does
not mean the City is admitting to anything.
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11/02/04
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Ms. McCarthy stated she concurs with comments expressed by Mr.
Levinson and by Mr, Costin. She stated the Commission approving the settlement only
means this is how they choose to handle this not that the City is admitting to any liability.
Ms. McCarthy stated they cannot mandate how a jury is going to end up and supports the
settlement.
The City Attorney stated the estimated cost involved is approximately
$20,000.00. She reiterated that litigation is always a risk and witnesses could testify to
certain things that mayor may not be believed by a jury, The City Attorney stated even
though it is a good case she cannot predict the jury.
Mr. Costin stated there is unseen potential ifit is not settled.
Brief discussion continued between staff and the Commission.
Mr. Costin moved to approve the proposal for settlement in the amount of
$12,500 in Vosburgh v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - No; Mr. Costin - Yes; Mrs. Archer - No. Said motion passed with a 3 to 2
vote.
9.G. CONSULTANT AGREEMENT/SAMUEL E. MATHIS. JR.:
Consider approval of a consultant agreement between the City and Samuel E. Mathis, Jr.
in the amount of $25,000.00 for services related to the development and implementation
of a "Race Relations Dialog and Strategy" for the City. Funding is available from 001-
1111-511-34.90 (General Fund/Other Contractual Services).
Mr. Levinson moved to approve the consultant agreement between the
City of Delray Beach and Samuel E. Mathis, Jr., in the amount of $25,000.00, seconded
by Mr. Costin, Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the A venue scheduled for December 9, 2004
from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H)
for the closure of Atlantic Avenue from Swinton to N.E. ih Avenue, the south side of
Atlantic Avenue from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad Drive
from Atlantic Avenue to N.E. 1st Street, N,E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City
stages.
Mayor Perlman asked if the City has talked to the merchants west of
Swinton A venue on whether or not they would like to be a part of this. He stated a
compelling reason to go west particularly this year is because of the Atlantic Grove
project.
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11/02/04
-- ----- - - --~------
Mrs. Archer commented that it may be better to wait until next year.
Mayor Perlman stated he does not feel there is any harm in asking the
Delray Merchant's Association (DMA) ifthere is interest.
Ms. McCarthy stated there are business owners that have been working
there for years and she feels now is the time to at least ask some of the business owners
on the north side of Atlantic A venue west of Swinton A venue. Mr. Costin concurs with
Mayor Perlman and Ms. McCarthy that now is the time if there is interest.
Ms. McCarthy moved to approve Art & Jazz on the A venue on December
9, 2004 from 6:00 p.m. to 10:00 p.m. with the possibility of extending the event west to
N.W. 3rd Avenue to allow those vendors in the walkway to be included in the activities if
they desire to do so, seconded by Mr. Levinson, Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr, Levinson-
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.1, CITY RECOGNITION AND GIFfS POLICY: Approve the City
Recognition and Gifts Policy.
Mr. Levinson suggested that there be a process regarding proclamations
and to how they are approved prior to being initiated (as like with the Key to the City and
Special Recognition Awards). He suggested that language be added to the policy that the
City Manager shall have the discretion of approving a proclamation before it goes on the
agenda.
Ms. McCarthy stated in other words add what is already being done so that
everyone is aware of it as well.
Mr. Levinson moved to approve the City Recognition and Gifts Policy
subject to the City Manager having discretion of approving a proclamation before it goes
on the agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO, 57-04: Annexation, Small-Scale Future Land Use
Map (FLUM) Amendment from County HR (High Density Residential-8 dwelling units
per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre), and
rezoning from AR (Agricultural Residential) to RM (Medium Density Residential) for a
4.86 acre property, located on the west side of Military Trail, approximately 700 feet
south of Atlantic A venue, If passed, a public hearing will be scheduled for November 16,
2004.
The caption of Ordinance No. 57-04 is as follows:
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11/02/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED 710 FEET SOUTH OF
WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE P ARTICULARL Y
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING AN OFFICIAL LAND USE DESIGNATION
OF MD (MEDIUM DENSITY RESIDENTIAL 5-12
DU/ AC) FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT, A
FLEXillLE ZONING DISTRICT WHICH ALLOWS A
DENSITY OF 6 TO 12 UNITS PER ACRE AND
AUTHORIZES A DENSITY SUFFIX TO BE AFFIXED
THAT LIMITS THE DENSITY TO A DENSITY LESS
THAN 12 BUT MORE THAN 6 UNITS PER ACRE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 57-04 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a voluntary
annexation and is also a Future Land Use Amendment (PLUM) from the County
designation to the City designation. Mr. Dorling stated he will defer his presentation to
the next quasi-judicial hearing scheduled for November 16, 2004.
The City Attorney stated staffhas added some "whereas" clauses to all the
ordinances pertaining to rezonings and other features where findings need to be made,
Mr. Levinson moved to approve Ordinance No. 57-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
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11/02/04
12.D. ORDINANCE NO. 62-04: An ordinance amending Land Development
Regulations (LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance
to nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures. If passed, a public hearing will be scheduled for November
16, 2004.
The caption of Ordinance No. 62-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING ARTICLE 1.3, "NONCONFORMING
USES, LOTS, AND STRUCTURES", SECTION 1.3.6,
"REPAIRS AND MAINTENANCE", TO ALLOW
REP AIR AND MAINTENANCE TO
NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS
LISTED FOR NONCONFORMING STRUCTURES;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 62-04 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated during the course of
reviewing recent development proposals with the City's historic districts, staff has
identified a concern with regard to the yearly limits to repair and maintenance placed on
nonconforming structures, particularly as it relates to contributing structures within
historic districts and individually listed historic structures. Therefore, staff requests that
this amendment be applied to historic structures both those that are in the district and
those that are individually designated so as to not discourage renovation of these
structures.
Mrs. Archer moved to approve Ordinance No. 62-04 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 63-04: An ordinance amending Land Development
Regulations (LDR), Appendix "A", "Definitions", to provide a more detailed definition
of "Sign". Ifpassed, a public hearing will be scheduled for November 16,2004.
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11/02/04
The caption of Ordinance No. 63-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 14-04 BY AMENDING
SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE
A MORE DETAILED DEFINITION OF "SIGN";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 63-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
includes some minor modifications to clarify the definition of "Sign". At its meeting of
October 18, 2004, the Planning and Zoning Board considered this item and after
discussion, the Board voted 6-0 (Krall absent) to recommend approval of the proposed
amendment to Appendix "A" of the LDR's regarding the definition of "Sign", by
adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the LDR's.
Mr. Costin moved to approve Ordinance No. 63-04 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manaeer
With regard to a concern expressed by Mr. Levinson about the property
where the old Publix supermarket was located and the pollution in this area, the City
Manager noted that staff has obtained a copy of the second quarter monitoring report
dated June 18th for that property. The City Manager stated the pertinent part of the report
states: "Contaminant concentrations detected during this event are all currently within
the State promulgated maximum contaminate levels with the exception of monitoring
Well #13, which returned a PCE (tetrachloroethylene) concentration of 3.8 micrograms
per liter slightly above the maximum contaminate level (slightly above the Maximum
Contaminate Level (MCL) for PCE of 3.0 micrograms per liter), The consultant
recommends that the quarterly Natural Attenuation Monitoring Plan continue at the Site.
The next quarter of groundwater sampling is scheduled to be collected in September
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11/02/04
------
2004." The City Manager stated if the results of the next quarter of groundwater
monitoring establishes that all monitoring wells exhibit concentrations below state
promulgated Maximum Contaminate Level (MCL) standards, then the consultant will
submit to the Florida Department of Environmental Protection (FDEP) a No Further
Action Proposal for the site.
The City Manager stated he has been informed that the contaminant plume
has not migrated off of the shopping center site, the contaminant plume is decreasing in
size except one location on the site, current contaminant levels are below Maximum
Contaminant Levels (MCL's) established for contaminants present, the nearest drinking
water wells to this site were previously sampled for contamination and with negative
testing results; and, there are no active drinking water wells threatened from this site nor
is there any anticipated threat of contamination in the future.
Mr. Levinson expressed concern that the owner of the property continues
to say he is going to do something with the property and has not done anything for years.
He suggested that a letter be sent to the property owner indicating that the City is
concerned that this has gone on too long and that the property owner mitigate this
situation.
The City Manager stated monitoring Well #13 is directly in front of the
Eckerd Drug Store and the consultants report is showing the direction of ground water
flow as being toward the southwest.
13.B. City Attornev
The City Attorney stated Terrill Pyburn has returned from her wedding
and it is nice to have her back.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs, Archer had no comments or inquiries on non-agenda items.
13.C.2. Mr. Costin
Mr. Costin congratulated the City Manager and staff for the money saved
with the purchase of the generators.
13.C.3. Ms. McCarthv
Ms. McCarthy stated she would like to inform Miss Levinson that her Dad
did ask the entire Commission to help volunteer. She stated her volunteer hours have
been maxed out and hopefully next time she will have a little more notice and be able to
do that.
- 24-
11/02/04
Secondly, Ms. McCarthy commented about the Life Achievement Awards
held at Old School Square. She stated the Simon Brothers and Mrs. Wesley were
recognized for their lifetime achievements and it was a wonderful experience.
She stated she attended the Annual TED Center Gala and she had the
opportunity to speak to Tony Newbold who shared some of FPL's perspectives of the
relationship that has been reestablished on another level with the Commission and the
administration for the City of Delray Beach. Ms. McCarthy applauded Mr. Newbold for
being that liaison and overcoming electrical short circuits.
13.C.4. Mr. Levinson
Mr. Levinson stated he read an article dated Saturday, October 30,2004 in
the Sun-Sentinel News (Opinion Letter to the Editor) written by Mr. Gerald Franciosa
with regard to the library. Mr. Levinson read into the record some verbatim remarks
made by Mr. Franciosa from the City Commission meeting of January 16,2001 regarding
the relocation of the library. Mr. Levinson stated he, the rest of the Commission, and
hundreds of people who attended the Charrette for the library thought that one of the
many reasons to put the library on West Atlantic A venue was because it was in the center
of the community between black and white so that it would encourage people on the
minority section of town and the majority section of town to come together much as they
do at Old School Square.
Secondly, Mr. Levinson stated he was very pleased to see the Department
of Environmental Protection (DEP) preliminary report on Carver Square.
Mr. Levinson stated Ivan Ladizinsky, Public Information Officer, figured
out a way to shrink the "News for Neighborhoods" newsletter to letter size on the water
bills.
He stated the City Attorney drafted an issue with regard to the exclusion
of the emaillist from the Public Records Act and it looks great. He would like to discuss
this when the Commission talks about the legislative agenda,
The City Manager stated this item will be on the November 9, 2004
Workshop agenda.
Mr. Levinson stated he had the opportunity to attend the Unity School 40th
Anniversary and Maria Barber's 20th Anniversary over the weekend.
He stated Halloween night was fun and commended Chief Koen for
coming up with the idea of the firefighters' visiting several subdivisions throughout the
community distributing candy,
Mr. Levinson commented about the purchase of the generators and asked
ifthe City can obtain more.
- 25-
11/02/04
--
He stated he had a conversation at the Tri-County School Board meeting
with Allen Levy, Regional Business Alliance Chair, who was interested in the proposed
Workforce Housing Ordinance and the materials on what the City of Delray Beach did
with Bexley Park.
Mr. Levinson commented about the alleyway behind City Oyster
restaurant next to Brn's restaurant that has been under construction for quite some time.
He inquired about the schedule for this and the City Manager stated he will let him know.
13.C.S. Mavor Perlman
Mayor Perlman introduced Jamie Patton with Troop #315 based in Boca
Raton and stated he received his service badge. Mayor Perlman stated part of Jamie's
service is that he attend a meeting and write on an issue that concerns him. He wrote on
the boat ramp issue and sent an email to Mayor Perlman. Mayor Perlman stated he
would forward this email to the rest of the Commission.
He announced that Tracey Sweeney, Executive Assistant, had a healthy
baby girl and extended his congratulations.
Mayor Perlman stated a few of the Commissioners attended the Church of
the Palms service and stated Reverend Richardson is going to make this a yearly
tradition. Mayor Perlman stated the concept was that prayer is for community leaders
and civil servants and noted Reverend Richardson honored the Police Department, Fire-
Rescue Department, and the City Commissioners. He suggested next year to inform
employees so that they may attend the event if they so wish.
Mayor Perlman acknowledged Commissioner Levinson's birthday.
Lastly, Mayor Perlman announced that Cold Stone Creamery will open
Friday, November 5, 2004 and noted that they delivered ice cream samples to City Hall
yesterday.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:35 p.m.
Acting City Clerk
ATTEST:
MAYOR
- 26-
11/02/04
--
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 2, 2004, which Minutes were formally approved and adopted by the City
Commission on
Acting City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 27-
11/02/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDOLE NAME NAME OF BOARD, COUNCIl, COMMISSION. AUll-tORIlY, OR COMMITTEE
Archer, Patricia Delray Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
380 Sherwood Forest Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY liClTY a COUNTY a OTHER LOCAL AGENCY
Delray Beach, Florida Palm Beach NAME OF POLITICAl SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
11/02/04 Xi ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112,3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relabve; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * . . * * * * * * * . * . *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* * * * * * * * * . . . * * * .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclos~ the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at yoor direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF, 1/2000 ~C\\\ PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the tann must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the fonn is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating,
. You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the fonn in the minutes, A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the fonn is filed,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Patricia Archer , hereby disclose that on November 2 ,200~:
(a) A measure came or will come before my agency which (check one)
_ Inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, .
,
_ inured to the special gain or loss of my relative, ,
_ Inured to the special gain or loss of , by
whom I am retained; or
~~ -~ ,which
~nured to the special gain or loss of ~. \~
is the parent organization or subSidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure Is as follows:
1\.C'~J. ~~ ~q~""
11/02/04 ~~
Date Filed Signature
I
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCL.OSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDOlE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
Perlman. Jeffrev L. Delrav Beach_~Citv Commission
MAlUNG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
971 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY lIellY a COUNTY a OTHER LOCAL AGENCY
Delray Beach, Florida 33444 Palm Beach NAME OF POLITICAl SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED 11/02/04 MY POSITION IS:
III ElECTlVE a APPOINTIVE
WHO MUST FILE FORM 88
This fann is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
Your responSibilities under the law when faced with voting on a measure in which you have a conflict of interest wUl vary greaUy depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this fann before
completing the reverse side and filing the fann,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (induding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies under See, 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this Jaw, a "relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-In-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange),
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should Incorporate the fonn in the minutes.
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the form in the minutes, (Continued on other side)
CE FORM 88 - EFF. 1/2000 ~f'<-'~\<'-- PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed,
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETiNG:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER"S INTEREST
I. Jeffrey L. Perlman , hereby disclose that on November 2 ,20~:
(8) A measure came or will come before my agency which (check one)
_ Inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, ,
-.X. inured to the special gain or loss of my relative, Diane Colonna ,
_ Inured to the special gain or loss of ,by
whom I am retained; or
_ Inured to the special gain or loss of ,which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
D1!ane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
11/02/04
Date Flied
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 8B - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
DATE ON WHICH VOTE OCCURRED
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative" includes only the offICer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . . . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
. . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this fonn (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1f2OO() ~~,1J PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided Immediately to the other members ot the agency.
. The loon must be read publicly at the next meeting after the torm is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING;
. You must disclose orally the nature ot your conflict in the measure betore participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes ot the
meeting, who must Incorporate the form In the minutes. A copy ot the torm must be provided immediately to the other members of the
-agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Ap fi,G/l/ ? ~.s7/~ , hereby disclose that on h~ 2- ,20~;
f
(a) A measure came or will come before my agency which (check one)
)( Inured to my special private gain or loss;
_ Inured to the special gain or loss ot my business associate, .
,
_ Inured to the special gain or loss of my relative, ,
_ Inured to the special gain or loss ot ,by
whom I am retained; or
_ Inured to the special gain or loss ot ,which
is the parent organization or subsidiary ot a principal which has retained me.
(b) The measure before my agency and the nature ot my conflicting interest In the measure Is as to/lows:
f~~~ ~~~
.-~_..:_~ ~.<...,.-
IIJ2~,/ ~~ /" 7'~ ,
, ,
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
~
WHEREAS, Melvin Sacharow was one of the founding members of the City of Delray
Beach's Volunteer Parking Enforcement Program which was established in January of 1995; and
WHEREAS, Me! Sacharow demonstrated leaderslup and management abilities and became
supervisor shortly after the program's inception; and
WHEREAS, Mel Sacharow supervises sixty-five parking enforcement volunteers and is
responsible for their training and scheduhng; and
WHEREAS, Me! Sacharow has taken it upon himself to write a standard operating
procedure manual for this program that he uses to train his volunteers as well as others from outside
agencies; and
WHEREAS, Me! Sacharow designed a new parking ticket book which is utilized by
volunteers and police officers; and
WHEREAS, Mel Sacharow's efforts in maintaining the Volunteer Parking Enforcement
Program has freed up police officers to concentrate on neighborhood patrols and quality of life
issues in our community; and
WHEREAS, Me! Sacharow's commitment to this program has enabled great improvements
to take place in the city's parkIng situation. Our premium downtown parking cycles more frequendy
providing the public greater access to our bus10esses and there has been a stgnlficant increase 10
revenue to the city through metered and handicapped parking fines; and
WHEREAS, Me! Sacharow's guidance and commitment to the Volunteer Parking
Enforcement Program ensures that people in our community, who are suffering from a disability, do
not suffer further by being denied access to hanwcapped parkIng; and
WHEREAS, Mel Sacharow is recognized as an important part of the City's success and
downtown re-vitalization.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the CIty CommissIon do hereby recogruze and commend
MELVIN SACHAROW
for his efforts in keeping the traffic in Delray Beach movrng smoothly.
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 16th day of November, 2004.
JEFF PERLMAN
MAYOR
lDl\.
- -----
o.k
~
WHEREAS, Hospice of Palm Beach County (HPBC) was founded in 1978 as
a not-for-profit organization and is the leading provider of hospice care to residents
throughout Palm Beach County. HPBC provides comfort-oriented medical care to
patients with a serious illness and emotional and spiritual support for the patient and
their loved ones, making the wishes of each patient a priority; and
WHEREAS, Hospice of Palm Beach County is committed to educating the
community on Advance Directives and the benefits of identifying and communicating
healthcare decisions; and
WHEREAS, Hospice of Palm Beach County provides full bereavement
services to Hospice patients' families and to anyone in the community in need; and
WHEREAS, Hospice of Palm Beach County's high-quality hospice care
reaffirms the belief in the essential dignity of every person, regardless of age, health,
or social status, and that every stage of human life deserves to be treated with the
utmost respect and care.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim November
2004 as
NATIONAL HOSPICE MONTH
and encourage citizens to increase their awareness of the importance and availability
of Hospice of Palm Beach County services and to observe this month by calling
HPBC at (800) 245-9150 to obtain your free copy of "Five Wishes" an easy-to-use
legal Advance Directives document to express your healthcare decisions. ''Your
Decision Matters Now."
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 16th day of
November, 2004.
JEFF PERLMAN
MAYOR
19B
. .~HPBC
. HosplC<' of Pttlm BMCh County, Inc.
November 1,2004
Dear Ms. Garito:
November is National Hospice Month. Hospice of Palm Beach County (HPBC)
invites you to support his national recognition with your local proclamation. This will
help to increase awareness of the many services available to your constituency through
the programs for HPBC. For your convenience we are enclosing a sample proclamation.
HPBC is also committed to educating our community on the benefits of identifying and
communicating healthcare decisions using Advance Directives. As part of this outreach
and in observance of National Hospice Month, HPBC is providing free copies of the
FIVE WISHES Advance Directives kit to anyone who calls us at 800- 245-9150.
Hospice of Palm Beach County was founded in 1978 as a not-for-profit organization and
is the leading provider of hospice care to residents throughout Palm Beach County
providing comfort-oriented medical care to patients with a serious illness and emotional
and spiritual support for the patient and their loved ones. HPBC provides full
bereavement services to hospice patients' families and to anyone in the community in
need.
HPBC's high-quality hospice care reaffirms the belief in the essential dignity of every
person, regardless of age, health, race, or social status and that every stage of human life
deserves to be treated with the utmost respect and care.
We thank you for your consideration and support in helping Hospice of Palm Beach
County get out the message to our community that Advance Directives are an important
decision that should be discussed and documented. Now is the time.
If you would like the sample proclamation e-mailed to you, please contact me at
kdaughtrv@hpbc.com or you may reach me at (561) 227-5176
RECEIVF~ ~_.
NOV - 3 2004
CITY CLEf,r{
5300 East Avenue. West Palm Beach. FL 33407-2387. 561-848-5200. 888-848-5200
www.hpbc.com. www.hospiceresaleshop.com (;8
Accredited by the joint Commission on Accreditation of Health care OrgamzatIOns
I
0'/\
~
RESOLUTION NO. 81-04
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING NORMA SMITH FOR THIRlY FIVE YEARS
OF DEDICATED SERVICE TO THE CIlY OF DELRA Y
BEACH.
WHEREAS, Norma Smith was hired by the City of Delray Beach on October 27,
1969; and
WHEREAS, on October 27, 2004, Norma Smith reached a milestone in her
career, having effectively achieved thirty five (35) years of continuous, full-time service with
Delray Beach; and
WHEREAS, Norma's professionalism, historical knowledge, warmth, kindness,
and compassion are well known and recognized throughout the City of Delray Beach and these
attributes serve as a reminder to us all to seek opportunities for service to our fellow man; and
WHEREAS, the City of Delray Beach and the Community Improvement
Department are honored to have Norma Smith as a valued member of the municipal team over
the past 35 years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes
and commends Norma Smith for thirty five years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere
thanks and appreciation to Norma Smith for her many years of service.
PASSED AND ADOPTED in regular session on this the _ day of
2004.
MAYOR
ATTEST:
ACTING CIlY CLERK
'1A
-~--
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~f\ - REGULAR MEETING OF NOVEMBER 16. 2004
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
DATE: NOVEMBER 12,2004
This is before the City Commission to ratify the action taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on October 21, 2004.
By a vote of 7 to 0, the SCRWTD Board approved the following:
. Authorization to enter into a Task Order with Hazen & Sawyer in the amount of $441,020.00
for design, permitting, and bid documents from capital funds for expansion of the reuse
facilities. (Cost to be split 50/50 from Boynton Beach and Delray Beach)
Recommend ratification of the action approved by the SCRWTD Board on October 21,2004.
S.\Clty Clerk\agenda memos\ SCRWID Board ActIon of 10.2104 doc
--------
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue . Delray Beach, Florida 33445
BOARD @
City Council Members of Thlephone
Boynton Beach & Delray Beach (561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
www.scrwwtp.org
MEMORANDUM
TO: Ms. Carolanne Kucmerowski
City Of Delray Beach /"
~.
FROM: Mary Ann Shumilla
DATE: October 27, 2003
RE: RA TIFICA TION FOR SIGNATURE
Attached is one Ratification from the Quarterly Annual Meeting of October 21, 2004
which require signatures. Would you place this on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratification is executed.
Thank you.
""'- .
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RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 2004
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
on October 21, 2004, by a vote of 7-0, approved AUTHORIZATION TO ENTER INTO
A TASK ORDER WITH HAZEN & SAWYER IN THE AMOUNT OF $441,020. FOR
DESIGN, PERMITTING AND BID DOCUMENTS FROM CAPITAL FUNDS FOR
EXPANSION OF THE REUSE FACILITIES. (COST TO BE SPLIT 50/50 FROM
BOYNTON AND DELRA Y BEACH).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Delray Beach hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
- ----- -
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER tflv1
SUBJECT: AGENDA ITEM # 88 - REGULAR MEETING OF NOVEMBER 16~ 2004
RESOLUTION NO. 82-04
DATE: NOVEMBER 12, 2004
This is a resolution assessing costs for abatement action required to remove nuisances on nine (9)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 82-04.
AgmemoCE.ResNo 82-04
, ~ 3'., . ,
RESOLUTION NO.82-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRA Y BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42 ) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nui sance (s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land (s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the Ci ty Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel (s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner (s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 82-04
.' . .. .
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this day of
, 2004.
MAYOR
ATTEST:
Acting City Clerk
3
Res. No. 82-04
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
FAIRCREST HEIGHTS AMN PLAT, LOT 53, I
PB 53, P 155, PUBLIC RECORDS OF I,
PALM BEACH COUNTY, FL !
[I YOLL Y P. VERZOSA
(2147 SW 36TH TERRACE)
PC # 12434625090000530 ,11090 AMSTERDAM AVE #7K ,
CUST 10 # 525 ,NEW YORK, NY 10025-1737 $ 68.50 '
'$ 55.00 ADM FEE
,
TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF 'I ,
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL I; i !
(133 NE 7TH AVENUE) 'I BARBARA DOOLEY
PC # 12 43 461601 1230010 '133 NE 7TH AVENUE
CUST 10 # 10019 DELRA Y BEACH, FL 33483 $ 57.50
$ 55.00 ADM FEE
!
,
DELRAY SHORES 1ST ADD, LOT 12, BLOCK 7, I CHARLES T. OXIDINE & i
PB 28, P 2, PUBLIC RECORDS OF PALM : :
BEACH COUNTY, FL
(2920 DORSON WAY) ANNIE OXIDINE I $ 68.50 I
PC # 12434607020070120 27 NW 11TH AVENUE
CUST 10 # 271 ,DELRA Y BEACH, FL33444
i $ 55.00 ADM FEE
I
I i
DELRA Y SHORES, LOT 11, BLOCK 3, PB 24, P 232, !I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ,
i i
(596 ANGLER DRIVE) . BAFUMO BEATRICE L. & I
PC # 1243460701 0030110 R. J. BAFUMO ESTATE
CUST 10 # 7645 596 ANGLER DRIVE
'DELRAY BEACH, FL 33445 I $ 57.50
! $ 55.00 ADM FEE
,
,
!
;
i
,
i !
REPL OF IDA LAKE TERRACE N 80 FT OF
SLY 227.09 FT OF E 151.76 FT OF BLOCK 3, ,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(NW 3RD AVENUE) V. WILLIAM VULTAGGIO
PC # 12434608140030010 i 11 LAKE COURT
CUST 10 # 9479 IMASSAPEQUA, NY 11758-5803 $ 57.50
, : $ 55.00 ADM FEE
:
,
4
Res. No. 82-04
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF ,I !
130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 , I'
BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF ,I RUBY L. HARRIS
PALM BEACH COUNTY, FL 'CIO P.C. WELLS
(NW 7TH AVE 1ST VACANT LOT S OF 24) 7012 SUNNYSIDE LANE !
PC # 1243461601 0040010 FT. WASHINGTON, MD i
CUST ID # 892 20744-4325 $ 57.50
$ 55.00 ADM FEE
I
TROPIC ISLE 2ND SECTION, LOTS 167 & 168,
PB 24, P 246, PUBLIC RECORDS OF , ,
i
,
PALM BEACH COUNTY, FL
(910 ALLAMANDA DRIVE) ANGELO MORALES
PC # 12434628020001670 ; 910 ALLAMANDA DRIVE
CUST ID # 10708 ,DELRA Y BEACH, FL 33483 $ 57.50
, i $ 55.00 ADM FEE
i
!
,
TOWN OF DELRAY, S 100 FT OF E 135 FTILESS ;
ROAD R/O/W OF BLOCK 98, PB 1, P 3, i
PUBLIC RECORDS OF PALM BEACH COUNTY, FL !;200 NE 5TH AVE LLC
(200 NE 5TH AVENUE) clo J.L GREENBERG
PC # 1243461601 0980010 4800 NO FEDERAL HWY #304-0
CUST 10 # 10466 BOCA RATON, FL 33431 1 $ 92.75
$ 55.00 :ADM FEE
SUB OF SECTION 8-46-43, S 135 FT OF E 60 FT OF ,
!
W 250 FT OF SW 1/4 OF TRACT 5, PB 1, P 3, I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL i
I
(709 NW 4TH STREET) JONIE WELLS
PC # 1243460821 0050130 310 WASHINGTON AVENUE I
I
i
CUST 10 #6694 DELRAY BEACH, FL 33444 ! $ 95.00
$ 55.00 ADM FEE
i
,
;
VIOLATION IS: SECTION 100.01 . LAND TO BE KEPT FREE :
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
5
Res. No. 82-04
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITY MANAGERtfltj
SUBJECT: AGENDA ITEM # )?j c:..... - REGULAR MEETING OF NOVEMBER 16. 2004
RESOLUTION NO. 83-04
DATE: NOVEMBER 12, 2004
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from eight (8) propertles within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 83-04.
Agmemo.A V.Res No 83-04
, .,
RESOLUTION NO. 83-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTIONr AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinancesr removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; andr
WHEREASr pursuant to Chapter 90 of the Code of Ordinances of the Ci ty of
Delray Beachr the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner{s) of the 1 and ( s ) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; andr
WHEREASr the property owner{s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehiclesr
and thus failed to abate the nuisance{s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinancesr
or if the property owner{s) did request and receive a hearingr said property owner{s)
failed and/or neglected to abate such nuisance (s) as required by Chapter 90 of the
Code of Ordinances; andr
WHEREAS, the City of Delray Beachr through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance{s); andr
WHEREASr the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beachr submitted to the
City Commission a report of the costs incurred in abating said nuisance{s) as
aforesaid; andr
WHEREASr the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance{s)
against said property owner{s)r
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner (s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be
placed on said property, and interest will accrue at the rate of 8% per annum, plus
reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30 ) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable attorney's fee.
2 Res. No. 83-04
" ,
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this day of
, 2004.
MAYOR
ATTEST:
Acting City Clerk
...
3 Res. No. 83-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER I ASSESSMENT
i
TOWN OF DELRAY, LOT 17, BLOCK41, PB 5, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL !
(309 NW 3RD AVENUE) RONALD M. DAVENPORT i
PC # 12 43461601 041 0170 3680 INVERRARY DR. #3K
CUST 10 # 10566 FT. LAUDERDALE, FL 33319 $ 45.00,
.
, ,
ODMANNS SUB, LOT 12, BLOCK 4, PB 4, P 53 i
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(14 SW 13TH AVENUE) ,
12434617280040120 LINDA & CURTIS LLOYD i
CUST 10 # 10568 14 SW 12TH AVENUE
DELRAY BEACH, FL 33444 $ 45.00
I
SUNSET PARK DELRAY, LOTS 2 & 3, PB 12, P 65, i
I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(328 SW 10TH STREET) '!JEROME & CATHY ALBANESE
12434620160000020 :1948 BROOKDALE DRIVE '
CUST 10 # 10679 I, BOYNTON BEACH, FL 33435 . $ 45.00
i .
SUNSET PARK DELRAY, LOTS 2 & 3, PB 12, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(328 SW 10TH STREET) JEROME & CATHY ALBANESE
12434620160000020 : 948 BROOKDALE DRIVE
CUST 10 # 10679 BOYNTON BEACH, FL 33435 $ 45.00!
I .
;
,
TOWN OF DELRAY, LOT 11, BLOCK 114, PB 1, P 3, !JEFFREY l. SHAFFER & !
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(612 & 614 NE 3RD STREET) ! LISA A. HOPKINS
12434616011140110 i~820 NE 6TH STREET
CUST 10 # 8081 ; DELRA Y BEACH, FL 33483 $ 45.00
i ,
SILVER TERRACE, LOT 2, BLOCK 1, PB 11, P 61,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL CHRIST EST LA RESPONSE REST
(1211 SO. DIXIE HIGHWAY) c/o JEAN J. SALAM, DIRECTOR
12434621 13001 0020 233 NE 17TH STREET
CUST 10 # 10676 . DELRA Y BEACH, FL 33444 $ 45.00
I .
4
Res. No. 83-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
I ,
POINCIANA HEIGHTS OF DELRAY BEACH, LOT,
PB 26, P 245, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL 33444
(311 NW 11TH AVENUE)
12434617400000140 FLORA DOBARD &
CUST ID # 10677 ETHEL CEASAR
311 NW 11TH AVENUE
. DELRA Y BEACH, FL 33444 $ 45.00:
i
I
TOWN OF DELRAY, N 6 FT OF S 156 FT OF N 5 FT !
I
OF S 50 FT OF E 135 FT & S 156 FT OF W 150 FT
(LESS S 135 FT OF W 135 FT) OF BLOCK 22,
PB 10, P 38, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL PRIME PROPERTY OF THE PALM
(138 & 140 SW 5TH AVENUE) BEACHES
1243461601 0220170 c/o KEVIN BALLARD, REG AGT.
CUST 10 # 9509 5361 CEDAR LAKE RD #1314
I
BOYNTON BEACH, FL 33437 i
I
I
$ 45.00 I
i
I
,
;
I
!
;
i
!
:
i
i .
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
i
5
Res. No. 83-04
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER ztr1
SUBJECT: AGENDA ITEM # y; D - REGULAR MEETING OF NOVEMBER 16. 2004
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /302-304
S.E. 5TH AVENUE
DATE: NOVEMBER 12, 2004
This is before the City Commission to authorize approval of a hold harmless agreement for work
performed within the state right-of-way. Rockwell Development Company is the owner of the
project, located at 302-304 S.E. 5th Avenue (southbound U.S. 1).
The developer is required to construct a water service connection within the state right-of-way. The
Florida Department of Transportation requires the City to sign the permit on behalf of the developer.
The proposed agreement provides that the developer will hold the City harmless for the general work
to be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state right-of-
way between the City and Rockwell Development Company.
S.\Clty Clerk\agenda memos\Hold HarmlessAgmt.302-30S SE S'" Ave t 1.16.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manag~
FROM: Randal L. Krejcarek, P .E. &
DATE: 03 Nov 2004
SUBJECT: Hold Harmless Agreement for FOOT Utility Permit
302-304 SE 5th Ave (SB US 1)
Please find attached a hold harmless agreement for work performed within the state
right-of-way. A water service is proposed to be constructed for 302-304 SE 5th Avenue.
The Property owner will be tying into an existing water main on SE 5th Avenue
(Southbound US 1). The existing water main is within the State right-of-way and the
Florida Department of Transportation requires the City to act as the utility permit
applicant. The attached agreement holds the City harmless for the work performed
under the permit.
Also, attached is a location map.
If the attached agreement is acceptable, please place it on the 16 Nov 2004 meeting for
commission approval.
Ene
Ce Brian Shutt, Assistant City Attorney
file
S'\EngAdminITACI302-304 se 5th avlhold harmless agenda memo doc
-------
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r:- 4TH C;T
~ ~ CITY of DELRA Y BEACH 302 - 304 SE 5TH AVE DATE 11-04-2004
I ~ r:b..t::.. ~ ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP 302-J04Sf51HA'r{
/ ~ rp 434 90lITH 8WHTON AVENUE, DB..RAY BEACH, RoORDA 33444 2004-200 1 OF1
------------- -- - ---- ---
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this _ day of
Noven1ber , 2004 by and between the CITY OF DELRA Y BEACH, FLORIDA,
(hereinafter referred to as "CITY") and Rnrkwpll T);:>'uelopn:ent Conpany , (hereinafter
referred to as "DEVELOPER").
WIT N E SSE T H:
WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of-way
of the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as SE 3rd Street & US 1 ~lex (302,304 SE 5th Ave & 410, 412 SE 3rd St.
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for correction
during the warranty/guarantee period but remaining after its expiration shall be considered as part
of the obligations of the guarantee and warranty. Defects in the installation or construction of the
utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall
subject the remedied portion of the work to an extended warranty/guarantee period of one year
after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The
Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful
observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
accordance with the approved engineering plans. DEVELOPER shall be solely responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance in
an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the General
Use Permit Application between the CITY and the State for this project and attached hereto as
Exhibit" A" .
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: By:
City Clerk leiYPerlman, Mayor
Approved as to Form:
By:
City Attorney
3
WITNESSES DEVELOPER
7d ~.T. DEVELOPMENr COMPANY
B~ e..._
V~ HaS~ im esident
(pr~~Nd (Print or Type Name)
---
Li Irvin Address: 75 NE 6th Ave #214
(print or Type Name) Delray Beach. FL 33483
Phone: 561-278-3100
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this oJ-. day of
IU~ , 2004 by ~ 1S; ~~ · (name of officer or agent, title of
officer or agent) of {? 0(' _k , Lov-r.. pc-"'I (name of corporation
acknowledging), a ~\ 0 r- 1~ n. _ (state or place of incorporatIOn) corporation, on behalf
of the corporation. He/She IS personally known to me 9f' hItS preeueed
(type of identificati ) as identifica . on and did (aid Rot) take
an oath.
of Notary Public-
fFlorida
~~~\'i.1,'~\ VIRGINIA HASlETT
ri;!i MYCOMMISSION#DD319411
,." EXPIRES: May 23, 2008
.'w'.'!\I'l IlondGd ThIu NoiIry I'UIlIlo UI1dI!wItleIa
4
STATE OF' FLORIDA DEPARTMENT OF TRANSPORTATION FOR'" 710-01(
UTILITY PERMIT VT1UT
OClc . O'
Pao. ~
PERMIT NO.: SECTION NO.: STATE ROAD: COUNTY:
FOOT construction is proposed or underway. 0 Ves ~ No Financial Project 10:
Is this work related to an approved Utility Relocation Schedule? 0 Yes <!) No If yes, Document Number: -
PERMITTEE: City of Delray Beach utilities
ADDRESS: 100 NW 1st Avenue TELEPHONE NUMBER: ( 561) 243-? 00 0
Delray Beach, FL 33444
The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct, operate and
maintain the following: A 211 water service at the southwest corner of US Highway One
and SE 3rd street in the City of Delray Beach.
FROM: US Highway One TO: ~ite 302 I 304 SE 5 Ave; 410, 412 S Federal
Subm.... "'... PERMITTEE bY' ~
Name and Title (Typed or Prinled Legib!y) S~gnature . Date
1. The PERMITTEE declares that prior to filing this application, the location of all existlr:g utilities that it owns or has an interest In, both aerial and underground, aJ
accurately shown on the plans and a letter of notification was mailed an to the following utilities known to be involved or potenllally impacll
In the area of the proposed installation: .
2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified forty-eight (48) hours prior to starting work and agai
immediately upon completion of work. The FOOTs Engineer is , located at
, Telephone Number . The PERMITTEE's employee responsible for Maintenance (
Traffic Is .' Telephone Number (This name may be provided at the time of the,
hour notice prior to starting work).
3. All work, materials, and equipment shall be subject to Inspection and approval by the FOOT Engineer.
4. All plans and Installations shall conform to the requirements of the FOOTs Utility Accommodation Manual in effect as of the date this permit is approved by FO'
and shall be made a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
5. This PERMITTEE shall commence actual construction in good faith within days alter Issuance of permit, and shall be completed within da
alter the permitted work has begun. If the beginning dale is more than 60 days from the date of permit approval, the PERMITTEE must review the permit with t
FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction.
6. The construction and maintenance of such utility shall not Interfere with the property and rights of a prior PERMITTEE.
7. II is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not
operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
8. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that Is found by FD
to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public rc
or publicly owned rail corridor shall, upon :30 days' written notice to the utility or its agent by FOOT, be removed or relocated by such utility at its own expense
except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth In previously executed subordination and Railroad Utility Agreement
and shall apply to all successors and assigns for the permitted facility.
9. It Is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the PERMITTEE wiil
coordinate with the FOOT before proceeding and Shiill cooperate with the FOOTs contractor to arrange the sequence of work so as not to delay the work of thi
FOOTs contractor, defend any legal claims of the FUOT's contractor due to delays caused by the PERMITTEE's failure to comply with the approved schedule
and shan comply with all provisions of the law and thll FOOTs current Utility Accommodation Manual. The PERMITTEE shan not be responsible for delay beY'
its control.
10. In the case of non-compnance with the FOOTs requirements In effect as of the date this permit Is approved, this permit is void and the facility will have to be
brought Into compliance or removed from the right of way at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordinaliol
and Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
11. It Is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest In the land to be enter
upon and used by the PERMITTEE, and the PERMITTEE wiil, at all times, and to the extent permitted by law, assume an risk of and indemnify, defend, and sa
harmless the State of Florida and the FOOT from and against any and an loss, damage, cost or expense arising in any manner on account of the exercise or
attempted exercises by said PERMITTEE of the aforesaid rights and privileges.
12. During construction, all safety regulations of the FOOT shall be obserVed and the PERMITTEE must take measures, including placing and the display of safe!
devices that may be necessary In order to safely conciuct the public through the project area In accordance with the Federal Manual on Uniform Traffic Control
Devices, as amended for highways, the requirementti of the Standard Application Package for railways, including nagging services and Railroad Protective
Insurance or acceptable altemative, when applicable, and the FOOTs latest Roadway and TraffIC Design Standards and Standard Specifications for Road anc
Bridge Construction, as amended. When a Utility deems it necessary to conduct TrafrlC Control activities and methods significantly different from those addre'
In the above references, the Utility must submit an alternative plan signed and sealed by a quaRfled registered Florida professional engineer qualified to develo~
Traffic Control Planning In accordance with the provisions of the Utility Accommodation Manual, Chapter 8.
13. Should the PERMITTEE be desirous of keeping its utilities In place and out of service, the PERMITTEE, by execution of this permit acknowledges its prese~t
conllnulng ownership of its utilities located between and with
the FOOTs rights-of-way as set forth above. Whenever the PERMITTEE removes its facilities, it shall be at the Permittee's sole cost and expense. The
PERMITTEE. at its sole expense, shall promptly remove said out of service utilities whenever the FOOT determines said removal is In the public interest.
t-uo I. 1 ne FOOT snail coordinate Wltn lhe appropnate agel\Cles and notify the PERMITTEE of any suspension or revocallon of the pemllt until eontamlnali .
assessment and remediatiO,n. as appropriate under Rule C~apters 52-nO and 62-730 FIonda AdmInistratIVe Code, has progressed 10 a stale that all eoVlron~:
regulatory agencies haVIng Junsdlction have approved the site of the contamination for resumption of worK.
15. During excavation operations, an on-site representatIVe of the PERMITTEE may be required to perform the followmg actIVIties with respect to t;,elr own facilrties
physically expose or direct exposure of underground facililies, provide any necessary support to facilities and/or cover aerial facilities as deemed necessary to al
construction.
16. Pursuant to Section 3~~..401 ~2~, FI~rida Statut~s, the perm~ sha~1 require the permit holder ~o. be res~nsible for damage resulling from the issuance of the pem
The Department may Initiate injunctIVe proceedings as prOVIded In s.120 69 to enforce proVIsions of this subsection or any rule or order issued or entered into
pursuant thereto.
17. Pursuant to Section 337 402, Florida Statutes, when any public road or publicly owned rail corridor Is damaged or impaired in any way because of the installatiOI
inspection, or repair of a utility located on such road or publicly owned Tall corridor, the owner of the utIlity shall, at his or her own expense, restore the road or
publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authonty is authorized to do so and chal
the cost thereof against the owner under the provisions of s.337.404.
18. Special FOOT instructions:
.
It is understood and agreed that commencement by the PERMITTEE Is acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special instructions.
19. By the below sIgnature, the Permittee hereby represents that no change to the FDOrs standard Utility Permit form, as incorporated by reference Into Rule 14-
46.001, for this Utility Permit has been made which has not been previously called to the attention of the FOOT (and signified to by checking the appropriate be)
below) by a separate attached written document showing all changes and the written and dated approval of the FOOT Engineer. Are there attachments renectir
changeis to the standard form? 0 NO 0 YES If Yes, pages are attached.
PERMITTEE: SIGNATURE: DAT(:
Name & Title of Authorized Permittee or Agent
(Typed or Printed Legibly)
APPROVED BY: ISSUE DATE:
District Maintenance Engineer or Designee .
........... ..................... ... ... ....................................................................~....... ......... ........ .............. ....................-..................
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY: (Permittee or Agent)
REMARKS (Brief summary or approved plans changes):
CHANGE APPROVED BY: DATE:
District Maintenance Engineer or Designee
I the undersigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was Inspected and Instaned in accordi
with the approved plans made a part of this permit and in accordance with the FDOrs current Utmty Accommod.abon Manual. All plan c~~nges have been
approved by the FDOrs Engineer and are attached to this permit. I also certify that the worK area has been left In as good or better condition than when the we
was begun.
PERMITTEE: SIGNATURE: DATE:
Name & Title or Authorized Permittee or Agent
(Typed or Printed Legibly)
CC: District Permit Office
Permittee
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtflv\
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 16. 2004
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT IDE POT
ROAD
DATE: NOVEMBER 12,2004
This is before the City Commission to authorize approval of a hold harmless agreement for work
performed within the state right-of-way. J & D Corporation of South Florida is the owner of the
project, located on Depot Road, which travels underneath 1-95.
The developer is required to install a force main within the state right-of-way. The Florida
Department of Transportation requires the City to sign the permit on behalf of the developer. The
proposed agreement provides that the developer will hold the City harmless for the general work to
be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state right-of-
way between the City and J & D Corporation of South Florida.
s: \Gty Clerk\agenda memos \Hold HarmlessAgmt-Depot Road. 1 1.16.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E. ~
DATE: 05 Nov 2004
SUBJECT: Hold Harmless Agreement for FOOT Utility Permit
1 & 0 Corp (1-95))
Please find attached a hold harmless agreement for work performed within the state
right-of-way. J & D Corporation of South Florida for force main work performed within
the state right-of-way (1-95). The force main will be installed on Depot Road, which
travels underneath 1-95. The Florida Department of Transportation requires the City to
act as the utility permit applicant. The attached agreement holds the City harmless for
the work performed under the permit.
Also, attached is a location map.
If the attached agreement is acceptable, please place it on the 16 Nov 2004 meeting for
commission approval.
Ene
Ce Brian Shutt, Assistant City Attorney
file
S:\EngAdmmITAC\I and D Corporatlonlho/d harmless agenda memo doc
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e S ~ CITY of DELRA Y BEACH I a D CORP. DATE: 11-9-2004
I ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DEPOT ROAD LOCI.tAP
434 8Ol1JH SWNTC>>l AVBU:, DB..RAY BEACH, R..ORDA 33444 2004-200 1 of 1
-- ------
lOct. 26. 2001_L~_J1AM.x 5sFLYNN ENGINEERI~G SERVICESmNTAL SRV. DEPT. No. 5332 0 2 ~OO4
i,
______ I ____ _____ HH__ - .- -
HOLD HARMLESS AGREEMENT FOR WORK
fERFORMED WITHlN THE STATE RIGRT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this _ day of
. 2004 by and between the CITY OF DELRAY BEACH, FLORIDA.
(hereinafter referred to as "CITY'') and I&D Corporation of South Florida , (hereinafter
referred to as "DEVELOPER").
WITNES SETH:
WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of-
way of the State of Florida; and .
WHEREAS, the CITY is required to sign me permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold hannless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
.
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, fOT the mutual covenants and matters set forth herein, as of tbe
date set forth above, the parties hereby agree as follows:
1- The recitations set forth above are mcorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledge~ agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all clahus, suits, causes of
action or any claim whatsoever made. and damages, including, but not limited to reasonable
100~t. ~~~_ lQ~~Q 9: 19A~~{ 56~c~YNN ENGINEERING SERVICES8>I'TAL SRV. DEPT. No. 5332 P. 3 l4J 005
- '__ __a_._, _~ _ ..- ,,- - ---
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as I&D Con>. of South FIQrida
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be congtrUcted in accordance with the applicable codes of the City of Dekay
Beach and the State of Florida. The DEVELOPER'S wa.rranty and gU8rantee shall remain in
effect for one year frolIl the date of :final acceptance. Umemedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation or
construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied porti on of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOP.ER
in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
accordance with the approved engineering plans. DEVELOPER shall be solely responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5_ AllY claimsJ lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
lOOe t. 26. 200,10 9: ~9MI,! 56rLYNN ENGINEERING S~~VIC~SENT~~ SRV. DEPT. No. 5332 P. 4 ~OO6
.-- - - ~
6. This Agreement constimtes 1l1e entixe agreement and understanding oftha parties.
as it pertains to the constl"U(;uon Or installation of the utility. there are no representations Or'
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7, DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and genera1liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form~ insuring CITY
and the State as additional named insureds, OEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY. prior to
commencing insta.llation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
General Use Permit Application between the CITY and the State for this project and attached
hereto as Exhibit "A":
9. This agreement shall not be valid unless signed by lhe City's Mayor and City
Clerk.
IN WlTNESS WHEREOF, the panies hereto have entered into this agreement the:: day
and year fJ.rs,t written above,
ATIEST: CITY OF DELRAY BEACH, FLORIDA
By: By~
City Clerk Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
3
lOOe!. 2? " I~ ' 4 "2 n Q .. - Y N N E" " . \' -- R - " G ,,-_. c- C ~'JJ. 5332 5 ~OO7
LvU 0 ~: v"'1''{ 56:h. !, ,\\]. d:: i~. ~t-<Vl :vENTAL SRV. DEPT.
-' ~, ,..'. - - -. ,--
- - -
WITNESSES DEVELOPER:
_ I&D C~f of South Flm-ida
By: <' .~ \.
Mora J p ~ IP5ia E/vt
(print or Type Name)
Address: 9(,(,0 iJ.J. StftlJ~p RoAd
5eti1z '30/ ~ _
Ct:'.Q/t-{ 5'pe, . s Ft- ?Jl'&":i
Phone: '1SL(-79'- ~~..,
STATE OF FLORlDA tiIr
COUNTY OF P:A~ tf4
The foregoing instrument was acknowledged before me this ;1?-t~ day of
OctO!>~A- , 2004 ~y 105 mO..e.t1 . I. <?5 (name of officer 01" agent." title of
officer or agent) of If( 0 Co~ ,CAJ C' .5L;' L l111 PicA' (name of corporation
acknowlerl.ecring), a 't.,'" f!- : (state or place of incorporation) corporation, on behalf,
of the corporation. He/She IS personally kno-wn to me or has produced
(type of identification) as identification and did (did not) take
an oath. ~t\~~ j ~~
Signature of Notary Public-
State of Florida
Ar~X'R~
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4
FORM 710-010-85
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILITY PERMIT OGC - 01/99
10/04
PERMIT NO.: SECTION NO.: STATE ROAD COUNTY
FOOT construction is proposed or underway. DYes ~No
Is this work related to an approved Utility Relocation Schedule? DYes )Sl' No
PERMITTEE: C. (if I
ADDRESS: TELEPHONE NUMBER' f9iJ )Z'I - 1322-
CITY/STATE/ZIP: 33L{L{
The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct.
operate and maintain the following L.tPJLfOflLi mAJN ON iZ-M (2oAr) l)N~ (1):>-r Il/~ O~ :I:Ji.5
FROM TO
Submitted for the PERMITTEE by: DtNN \S $HU<52 .{ flirJN~. /0, Zlj.lJ 'f
Name and Title Signature Date
T ed or Printed Le ibl
1. The PERMITTEE declares that pnor to filing thiS application, the location of all eXisting utilities that It owns or has an Interest In, both aenal and underground,
are accurately shown on the plans and a letter of notification was mailed on _ to the follOWing utilities known to be involved or potentially impacted In the
area of the proposed Installation _
2 The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum of forty-eight (48) hours advance
notification prior to starting work and again Immediately upon completion of work The FOOT's Engineer IS _' located at _' Telephone Number
_ The PERMITTEE's employee responSible for Maintenance of Traffic IS_, Telephone Number _ (ThiS name may be provided atthetime of
the 48 hour notice prior to starting work).
3 All work, materials, and equipment shall be subject to Inspection and approval by the FOOT Engineer
4 All plans and installations shall conform to the reqUirements of the FOOT's Utility Accommodation Manual In effect as of the date thiS permit IS approved by
FOOT. and shall be made a part of thiS permit ThiS prOVIsion shall not limit the authonty of the FOOT under Paragraph 8 of thiS Permit
5. ThiS PERMITTEE shall commence actual construction In good faith Within _ days after Issuance of permit, and shall be completed Within _ days
after the permitted work has begun If the beginning date IS more than 60 days from the date of permit approval, the PERMITTEE must review the permit
With the FOOT Engineer to make sure no changes have occurred to the Transportation FaCIlity that would affect the permitted construction
6 The construction and maintenance of such utility shall not Interfere With the property and rights of a prior PERMITTEE
7 It IS expressly stipulated that thiS permit IS a license for permissive use only and that the plaCing of utilities upon public property pursuant to thiS permit shall
not operate to create or vest any property right In said holder, except as proVided In executed subordination and Railroad Utility Agreements.
8 Pursuant to Section 337 403(1), FlOrida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail comdor that IS found by
FOOT to be unreasonably interfering In any way With the convenient, safe, or continuous use, or maintenance, Improvement, extenSion, or expanSion, of
such publiC road or publicly owned rail corndor shall. upon 30 days written notice to the utility or ItS agent by FOOT, be removed or relocated by such utility at
ItS own expense except as proVided In paragraphs (a) and (b), and except for reimbursement rights set forth 10 previously executed subordination and
Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted faCility
9 It IS agreed that In the event the relocation of said utilities are scheduled to be done Simultaneously With the FOOT's construction work, the PERMITTEE will
coordinate With the FOOT before proceeding and shall cooperate With the FOOT's contractor to arrange the sequence of work so as not to delay the work of
the FOOT's contractor. defend any legal claIms of the FOOT's contractor due to delays caused by the PERMITTEE's faIlure to comply with the approved
schedule, and shall comply With all prOVISions of the law and the FOOT's current Utility Accommodation Manual The PERMITTEE shall not be responSible
for delay beyond ItS control
10 In the case of non-compliance with the FOOT's requirements In effect as of the date thiS permit IS approved, thiS permit is VOid and the faCility will have to be
brought mto compliance or removed from the right of way at no cost to the FOOT, except for reimbursement rights set forth In previously executed
subordination and Railroad Utility Agreements ThiS proVISion shall not limit the authOrity of the FOOT under Paragraph 8 of thiS Permit
11. It IS understood and agreed that the nghts and privileges herein set out are granted only to the extent of the State's nght, title and interest In the land to be
entered upon and used by the PERMITTEE, and the PERMITTEE will, at all times, and to the extent permitted by law, assume all risk of and indemnify,
defend, and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense anslng In any manner on account
of the exercise or attempted exercises by said PERMITTEE of the aforesaid rights and pnvlleges
12. Ouring construction, all safety regulations of the FOOT shall be observed and the PERMITTEE must take measures, including placmg and the display of
safety deVices that may be necessary in order to safely conduct the public through the project area In accordance with the Federal Manual on Uniform Traffic
Control Oevices, as amended for highways, the requirements of the Standard Application Package for railways, Includmg flaggmg services and Railroad
Protective Insurance or acceptable alternative, when applicable, and the FOOT's latest Roadway and Traffic Oeslgn Standards and Standard SpeCifications
for Road and Bridge Construction, as amended When a Utility deems It necessary to conduct Traffic Control actiVities and methods Significantly different
from those addressed 10 the above references, the Utility must submit an alternative plan signed and sealed by a qualified registered FlOrida profeSSional
engineer qualified to develop Traffic Control Planning In accordance With the proVISions of the Utility Accommodation Manual, Chapter 8
13 Should the PERMITTEE be deSirous of keeping ItS utilities in place and out of service, the PERMITTEE, by execution of thiS permit acknowledges ItS present
and continuing ownership of its utilities located between _ and _ Within the FOOT's rights-of-way as set forth above Whenever the PERMITTEE
removes ItS faCilities, It shall be at the PERMITTEE's sole cost and expense The PERMITTEE, at ItS sole expense, shall promptly remove said out of
service utilities whenever the FOOT determines said removal IS In the public Interest
14 In the event contaminated soil IS encountered by the Utility or anyone within the permitted construction limits, the Utility shall Immediately cease work and
notify the FOOT The FOOT shall coordinate With the appropriate agencies and notify the PERMITTEE of any suspension or revocation of the permit until
contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 FlOrida Administrative Code, has progressed to a state
that all environmental regulatory agencies haVing JUrisdiction have approved the site of the contamination for resumption of work
15 DUring excavation operations, an on-site representative of the PERMITTEE may be reqUired to perform the following actiVities With respect to their own
faCilities phYSically expose or direct exposure of underground faCIlities, proVide any necessary support to faCilities and/or cover aerial facilities as deemed
necessary to aid construction.
16 Pursuant to Secbon 337 401 (2), FlOrida Statutes. the permit shall require the permit holder to be responSible for damage resulting from the Issuance of the
permit The Department may Initiate Injunctive proceedings as prOVided in s 12069 to enforce proVISions of thiS subsection or any rule or order issued or
entered Into pursuant thereto.
17 Pursuant to Section 337402, FlOrida Statutes, when any public road or publicly owned rail corridor IS damaged or impaired In any way because of the
FORM 710-010-85
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILITY PERMIT OGC - 01199
10104
installation. Inspection. or repair of a utility located on such road or publicly owned rail corndor. the owner of the utility shall. at his or her own expense.
restore the road or publicly owned rail corndor to ItS original condition before such damage If the owner falls to make such restoration. the authority is
authorized to do so and charge the cost thereof against the owner under the provIsions of s 337 404
18 Special FOOT Instructions. _
It IS understood and agreed that commencement by the PERMITTEE IS acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special Instructions
19 By the below signature. the Permittee hereby represents that no change to the FOOT's standard Utility Permit form, as Incorporated by reference Into Rule
14-46 001, for thiS Utility Permit has been made which has not been previously called to the attention of the FOOT (and slgnrfied to by checking the
appropriate box below) by a separate attached written document shOWing all changes and the wntten and dated approval of the FOOT Engineer. Are there
attachments reflecting change/s to the standard form? DNO 0 YES If Yes, _ pages are attached
PERMITIEE ({IGHAeD c. HP6J(f). Pc. SIGNATURE
APPROVED BY:
District Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
(Permittee or Agent)
CHANGE APPROVED BY: I DATE:
District Maintenance Engineer or Designee
I the underSigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was Inspected and installed In accordance
With the approved plans made a part of thiS permit and In accordance With the FOOT's current Utility Accommodation Manual All plan changes have been approved
by the FOOT's Engineer and are attached to thiS permit I also certify that the work area has been left In as good or better condition than when the work was begun
~
PERMITIEE: SIGNATURE: DATE:
Name & Title of Authorized Permittee or Agent
T ed or Printed Le Ibl
CC. District Perrmt Office
Permittee
- ---~----
Date: 05 Nov. 2004 AGENDA ITEM NUMBER: 8 'E:
e
"IE. ~ .,.~ _ _ _ _c::
.~~-
-~
. .
AGENDA REQUEST
Request to be placed on:
-1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 16 Nov 2004
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute hold harmless agreement
with J & D Corporation of South Florida for force main work performed within the
state right-of-way (1-95). The force main will be installed on Depot Road, which
travels underneath 1.95. The Florida Department of Transportation requires the City
to act as the utility permit applicant. The attached agreement holds the City harmless
for the work performed under the permit. This agreement is subject to review and
approval by the City Attorney.
Staff Recommendation: ~ ~ It...'?, 0 t.f
Department Head Signature: ( C., -
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: tJ I No Initials: fJJ41
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\I and D Corporation\hold harmless agenda.doc
of(
/i71
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. Saffor~ance Director
Date: November 2, 2004
Subject: Ernst & Young Additional Audit Fees for FY2003
We would request City Commission approval for $20,000 in additional audit fees for
Ernst & Young for fiscal year 2003.
As you are aware, FY2003 contained a significant amount of work to finalize the audit
and the preparation of the financial statements. In this fiscal year, we had a refunding
bond issue that involved multiple funds and therefore was a complex transaction. In
addition, we implemented GASB 34 which had a significant impact on the recording of
transactions and formatting of the final financial statements.
The original request of Ernst & Young was $30,000 which has been negotiated down to
$20,000.
The payment of this $20,000 should be allocated to various funds of the City in the same
proportion as the original audit fees.
Please place this item on the next regular meeting agenda for approval.
Attachments:
Ernst & Young Invoice No US0122698569 dated October 15,2004
Ernst & Young Correspondence dated August 2, 2004
Cc: Milena Walinski, Assistant Finance Director
2F
E!/ ERNST & YOUNG
INVOICE NUMBER: US0122698569
October 15, 2004
PLEASE REMIT TO:
City of Delray Beach Ernst & Y oung-Atlanta-406725
Mr. Joe Safford Bank of America
100 NW 1st Avenue P.O. Box 406725
Delray Beach, FL 33444 Atlanta, GA 30384-6725
EIN: 34-6565596
BU: US017 CLIENT NUMBER: 60014208
- - .
For professional services rendered as follows:
Billing for out-of-scope services provided in connection with the September 30,2003 audit ofthe
financial statements as follows:
. Debt refunding transactions $5,500
. GASB 34 implementation and financial statement preparation 14,500
Total Due $20,000.00
PLEASE PAY BY INVOICE NUMBER AND ENCLOSE REMITTANCE COpy
Due Upon ReceIpt
CLIENT COPY
;
S!J ERNST & YOUNG . Ernst & Young LLP . Phone (407) 872-6600
Su Ite 1 700 www ey com
390 North Orange Avenue
Orlando, Florida 32801-1671
JOE SAFFORD: Please draft a response RECEIVED
to this for Mr. Harden I s.!i~ 1-1084
August 2, 2004 signature.
Tks, Gerri 8/25/04 ~"~GEFf
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
I am writing this letter to you on the advice of Mr. Joe Safford in connection with our billing of
an additional $30,000 for work Ernst & Young performed in completing the City's 2003
comprehensive annual financial report (CAFR). Attached is a letter dated June 15, 2004 and a
copy of our invoice. This letter and the invoice were delivered to Mr. Safford on June 15 at the
I time we presented the 2003 audit results to the City Commission.
Mr. Safford has indicated that this additional billing should be presented to your office. We
believe very strongly that these additional fees were indeed earned by us and are very reasonable
under the circumstances. We incurred significant unanticipated time in connection with our
project to assist the City with the development a CAFR that is compliant with the new
government reporting model.
I believe the attachments are self explanatory; however, if you require additional information
and/or explanation, please contact me at (407) 872-6702. I would like to have this billing issue
resolved as soon as practicable so that the City can move forward with the engagement of a new
audit firm.
Sincerely,
~Cker
Partner
Attachments
A Member Practice of Ernst & Young Global
.
. .
June 15, 2004
Mr. Joseph Safford
Director of Finance
City of Delray Beach
100 NW 1st Ave
Delray Beach, Florida 33444
Dear Mr. Safford:
As we discussed in our meeting on June 2, 2004, Ernst & Young incurred significant overruns in
terms of time spent assisting the City with its 2003 CAFR preparation, including the conversion
to the new government reporting model. As you recall, we initially entered into an agreement
with the City dated August 15, 2003 to provide certain limited scope procedures in connection
with the City's implementation of GASB Statement Nos. 34, 37 and 38, which we estimated
would cost the City between $15,000 and $20,000, based on 60 percent of our standard hourly
billing rates. However, in preparing our original time estimates for this additional scope work,
we anticipated a high level of involvement from the City's accounting department and more
advice and consent for our part. Because of various circumstances, our involvement in the CAFR
preparation and other procedures covered by the August 15 engagement letter was substantially
more than what we had originally contemplated, both in terms of the nature and extent of the
work and the required level of professional. Accordingly, we are requesting additional fees for
this expanded scope work in the amount of $30,000, as detailed below and on the attached
InVOIce.
Review, consultation and re-work pertaining to the recording of the debt
refunding transactions the City executed during the year. As discussed,
the time incurred was significantly beyond what was originally
contemplated as the entries required significant reworking and
adjustment to comply with GAAP. A detailed analysis was required to
assist the City in determining the errors in the original entries that were $ 8,500
recorded as well as preparing the GASB 34 level conversion entries.
Additional services that were provided to the City above and beyond the
scope of our August 15,2003 engagement letter pertaining to the level of
our involvement with the implementation of the new reporting model
(GASB 34). As dIscussed, we reviewed several versions of the financial
statements and related GASB 34 conversion and footnotes. The original
version that was provided to us required a significant amount of time to
identify various problems with the statements and provide guidance for
----
,
"
Page 2
Mr. Joseph Safford June 14,2004
the City's staff to correct the problems. After several versions were
exchanged and certain items were not adequately corrected or revised by
the City, this process continued until we ultimately took control of the
statements and incurred significant amounts of time in reworking certain
parts of the statements and notes in an effort to meet the City's extended
deadline for the CAFR issuance. A few examples include the revamping
of the debt footnote to reconcile to the government-wide financial
statements, removal of deferred loss on refunding from debt issue costs in
the statements of one of the enterprise funds which was flowed through
to other areas effected, etc. Additionally, the changes that took place
throughout this process required additional staff auditor time to tie-out
the revised statements to our audit working papers with each version. $ 21,500
As we also discussed, we recognize that there were certain inefficiencies as a result of staffing
changes that were unavoidable during the audit and we have internally absorbed those related
costs. The charges we have detailed above are strictly related to expanded scope services that we
provided and are based on 60% of our standard billing rates.
Sincerely,
Michael Pattillo
Senior Manager
Attachment
.
, ,
.
ill ERNST & YOUNG LLP
June 14, 2004
Please remit to:
City of Delray Beach Bank of America
Mr. Joe Safford, Director of Finance Ernst & Young LLP
100 NW 1st Avenue P. O. 406725
Delray Beach, FL 33444 Atlanta, GA 30384-6725
EIN: 34-6565596
BU: US017 CLIENT NUMBER: 60014208
For professional services rendered as follows:
Billing for out-of-scope services provided in connection with the September 30,2003 audit of the
financial statements as follows:
. Debt refunding transactions $8,500
. GASB 34 implementation and financial statement preparation 21.500
Total Due $30.000
PLEASE PAY BY INVOICE NUMBER AND ENCLOSE REMITTANCE COPY.
DUE UPON RECEIPT.
?
AGENDA ITEM NUMBER: ~.,..:.
AGENDA REQUEST
Date: 11-02-04
Request to be placed on:
X Consent Agenda Special Agenda Workshop Agenda
When: 11-04-03
Description of agenda item: Approval of Ernst & Young additional fees for the FY2003 audit.
These services include $5,500 in additional fees for the debt refunding bond Issue transactions
and $14,500 in additional fees for the new GASB 34 transaction reporting requirements. The
contract with Ernst & Young allows for additional services fees for services beyond the normal
scope of the annual audit. Multiple funds will be charged for these additional fees. The onginal
request from Ernst & Young was $30,000. This $20,000 represents a settlement amount.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approval is recommended by Finance Director and City Manager.
Deparbnent Head Signet.re: -.:::;: ~
Determination of Consistency with Comprehensive Plan: ~
City Attorney ReviewlRecommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda: B;,f1'4 No
Hold Until:
II 110 .
f ,
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
0;:-
5M
CITY COMMISSION DOCUMENTATION:
TO: WA
THRU: 2L DORLING, DIR TOR OF PLANNING & ZONING
FROM: ~ ~Q"N~, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF NOVEMBER 16, 2004 - CONSENT AGENDA
APPROVE AN IN-LIEU OF PARKING FEE AGREEMENT BETWEEN
THE CITY AND JOE'S RESTAURANT
~ BACKGROUND AND ANALYSIS: ~
The City Commission, at their meeting of September 21, 2004, approved a request
from Joe's Restaurant to purchase four (4) in-lieu parking spaces at a cost of $48,000
to accommodate a Class III site plan modification converting retail space to
restaurant.
Land Development Regulations (LDR) Section 4.6.9(E)(3) allows for the owners of
properties to enter into an in-lieu of parking fee agreement. The payment agreement
was not included in motion approving the in-lieu spaces. The City Attorney has
recommended the item be brought back to the Commission with the understanding
that payment will be made pursuant to the terms and conditions of the attached in-
lieu of parking fee agreement.
Please be advised that the initial payment of $24,000 has been submitted with the
signed agreement.
~ RECOMMENDED ACTION: IJ
Move approval of the in-lieu of parking fee agreement between the City and Joes
Restaurant by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in Section 4.6.9(E)(3) of the LDR.
Attached: In-Lieu Of Parking Fee Agreement
~{;
Prepared by: RETURN:
R. Bnan Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Flonda 33444
IN-LIEU OF PARKING FEEIREIMBURSEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the _ day of , 2004,
by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the
State of Florida ("City"), and Joseph Peraino, IV and Pasquale Carucci, owners of the
property ("Owners").
WHEREAS, Owners are the owners of certain real property located at 19-23 SE 5th
Avenue, Delray Beach, Florida, and referred to herein as the "Property"; and
WHEREAS, Owners have applied to the City for approval for the development of a
Restaurant referred to as "Joe's Restaurant" on the Property; and
WHEREAS, as a condition of approval for the development on the Property, Owners
must provide certain parking as required under the Land Development Regulations of the City.
Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission
may approve the payment of a fee to the City in-lieu of providing required parking; and
WHEREAS, Owners have requested that the City Commission approve the payment of
a fee to the City in lieu of providing four (4) of the required parking spaces for the development
of the Property and the City Commission has approved this request; and
WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides
that the in-lieu parking fee shall be Twelve Thousand Dollars ($12,000.00) per parking space;
and
WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms
ofthe in-lieu fee and reimbursement.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and
conditions contained in this Agreement, and other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound, hereby agree as follows:
1. The parties hereby represent and warrant that the foregoing recitals are accurate
and correct and hereby incorporate them in this Agreement.
2. The Property to which this Agreement applies is legally described as follows:
See Attached Exhibit "A".
3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land
Development Regulations, it has approved the payment of the fees described in this Agreement
in-lieu of providing four (4) of the required number of parking spaces for the development of the
Property.
4. Owners shall pay to the City a total in-lieu of parking fee of forty eight thousand
dollars ($48,000.00) (which represents $12,000.00 per parking space). The total fee shall be paid
as follows:
(a) One payment in the amount of twenty four thousand and 00/1 00 dollars
($24,000.00) by check delivered to the City upon execution of this Agreement by the
City.
(b) Two payments, each in the amount of twelve thousand and 00/100 dollars
($12,000.00), due on the second and third anniversary of the date of this Agreement.
(c) Each payment shall be made to:
Finance Department
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
5. In the event Owners fail to make the payment in the time allowed, the City shall
provide written notice by certified mail, return receipt requested to Owners at Joe's Restaurant,
19-23 SE 5th Avenue, Delray Beach, FL. 33483 or at such other address as may be designated by
Owners by written notice to the City. The City's notice shall request that Owners make the
past due payment no later than thirty (30) days from the date the notice is received. Failure of
Owners to remit payment within this thirty (30) day period shall be deemed breach of this
2
Agreement. The City shall thereby be entitled to file suit in a court of law seeking all payments
due, interest, costs, and attorneys' fees.
6. All of the terms and provisions of this Agreement shall be binding upon, inure to
the benefits of and be enforceable by, the parties to this Agreement and their respective
successors, legal representatives, and assigns.
7. This Agreement shall constitute the entire agreement of the parties with respect to
the subject matter of this Agreement. 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.
8. This Agreement may not be amended, modified, altered, or changed in any
respect, except by a further agreement in writing duly executed by each of the parties to this
Agreement.
9. This Agreement is not valid unless signed by the City's Mayor and City Clerk.
10. This Agreement shall be governed by the laws of the State of Florida and venue
shall be in Palm Beach County.
11. This Agreement shall be recorded in the Public Records for Palm Beach County,
Florida.
IN WITNESS WHEREOF, the parties to the Agreement have caused this
Agreement to be duly executed on their behalf as of the dates set forth below.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
t
Print Name:
Print Name: (CORPORATE SEAL)
3
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STATE OF ~ _
COUNTY OF KI ,,6~
~ The foregoing instrument was acknowledged before me this ~ day of )Jt>V
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200_ by and (name of officer
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acknowledging), a (state or place of incorporation) corporation, on behalf
of the corpo~ He/She is personally known ~ has produced
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NOTARY PUBLlC.State of New York
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STATE OF" R.ORIDA
COUNlY Of' PAUl ~H
The foregalng In!~ II/Q. aclcnav.dedged ",or. m.lhis ~ day ot "'y. 2004 byGAR't GOLOF"AAB. .,
~r at THE ANTIQUE ExP\;RtENCE, '-Le.. ." ..... IlmIt.d P.hility ClOI11\:II1t1y. who IS pm<>ll~ny
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Book17033fPage135 Page 1 of 1
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~
J
I CITY COMMISSION DOCUMENTATION I
TO: DA~.HAR~ANAGER
THRU: P~NG' D · OR OF PLANNING AND ZONING
FROM: J MIN A~EN, PLANNER
SUBJECT: MEETING OF NOVEMBER 16, 2004 *** CONSENT AGENDA***
ACCEPTANCE OF A WATER SERVICE AGREEMENT FOR NEW
ROCHELLE PLAZA (AKA TIRE KINDOM)
l BACKGROUND AND WATER SERVICE AGREEMENT ANALYSIS I
The subject property is located at the northwest corner of Military Trail and Conklin
Drive and is contains a Tire Kingdom facility. The subject property (0.99 acres) is
located within the County. The applicant is seeking a Water Service Agreement from
the City in order to allow the immediate connection of City water services as their
existing wells were destroyed by the hurricanes.
The property is contiguous to the City and therefore would normally require the
submittal of an annexation petition versus a water service agreement. However, due to
the urgency for water services, the water service agreement is being processed in the
interim (a concurrent annexation petition is being processed). This will allow the
applicant to connect to City water service while the annexation petition is being
finalized. The water service agreement includes an agreement of voluntary annexation
(when contiguous) and thus provides the safeguard that the property will be annexed.
The City Attorney has reviewed the agreement for legal sufficiency and form, and
determined it to be acceptable.
l RECOMMENDED ACTION ~
By motion, approve the standard water service agreement for New Rochelle Plaza.
Attachments: Water Service Agreement
Location Map
?)\\
PREPARED BY:
RETURN TO:
Susan A. Ruby, Esq.
City Attorney
200 NW 1st Avenue
Delray Beach, Florida 33444
AGREEMENT FOR WATER SERVICE
This agreement, made on this day of ,20 , by and
between )YEN ~C-/T&1-Le. PL/f-zA ,
hereinafter called the CUSTOMER, and the CITY OF DELRA Y BEACH, a municipal
corporation of the State of Florida, hereinafter called the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the
privilege of receiving water service from the Municipal Water System, agrees to the
following:
1. The CUSTOMER agrees to pay all costs of engineering, materials, labor, supervision,
inspection, and testing in order to install the total length of extension necessary, in the
professional opinion of the Director of Environmental Services, to provide service to the
CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and
conformance with all applicable codes, rules, standards and regulations of all service
lines, and connections on the CUSTOMER'S premises. The CITY shall have the option
to perform the necessary work or the CITY may have such work performed by outside
forces in which case the CUSTOMER shall pay in advance all estimated costs thereof.
In the event the CITY has such work performed, the CUSTOMER shall remit such
advance funds and any additional funds as may be necessary to pay for the actual
completed project for the extension of services.
2. Any main extension made under this agreement shall be used only by the CUSTOMER,
unless permission is granted by the CITY for other party or parties to so connect. If the
CITY requires upsizing or increased capacity beyond what is determined to be adequate
by the Director of Environmental Services in size and/or capacity, a pro-rata refund will
be made directly to the CUSTOMER by the CITY to compensate these additional costs.
The CITY may also require alternative bids to document the increased sizes or capacity
to establish these cost differences. The CUSTOMER acknowledges that its right to
receive any refund pursuant to this paragraph is subordinate to any and all requirements
concerning the City's outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities extending from the CITY water
distribution system to and including the meter to service the CUSTOMER shall be
vested to the CITY exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and
equipment in connection with water service outside the CITY limits applicable under the
CITY'S ordinances and rate schedules which are now applicable or as may be changed
from time to time.
5. Any rights-of-way or easements necessary shall be provided by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his
transferees, grantees, heirs, successors, and assigns, that all water to be furnished,
supplied, and sold under this agreement is made available from a surplus. If a surplus
does not exist at the time of the CUSTOMER'S actual request for commencement of
service, as determined by the CITY'S Environmental Services Director, then the CITY
without liability may refuse to initiate service to the subject premises.
7. The CUSTOMER further agrees in consideration of the privilege of receiving water
service from said CITY, that the execution of this agreement is considered a voluntary
petition for annexation pursuant to Section 171.044 of the Florida Statutes or any
successor or amendment thereto.
Furthermore, should any other general law, special act, or local law be enacted which
provides for voluntary or consensual annexation, this agreement shall also be
considered a petition and request for annexation under such other laws. The premises
shall be subject to annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced laws concerning annexation. The legal
description of the subject premises is as follows:
L () T J ) OJ .3 ..., if 73 LoCle I I /lu~~ I #ztt-/< flq t>> 6hftJ# ~..w-'1 /Z-.
Ik hf;tJ)vN C Tb /1It:' (J//H '17f6-fl-hJ ~ ~ -dIJ 6{) ~ ;!u17f>d 0 If( .2 ~ fAge l J
/
Ilt TIf6 fYli~~. t2k.4)i' F -!,ftfi, ~McH Otf k. 1d'J 5 ff6 #>",;,,/1"47-
. ~'. s~ /2cJffi> $tF;)
tt~ Wi ,t(A ~l. J ft~ 66iJ ~
t2 ItA /L.fJr 7!xJo~ t.f-. 'l. '9 fJ6-. 19q P4U-t ~ CPt 1</ we dIJc.9~_
The CUSTOMER acknowledges that this covenant for annexation is intended to be and
is hereby made covenant running with the land hereinabove described. That this
agreement is to be recorded in the public records of Palm Beach County, Florida, and
that the CUSTOMER and all subsequent transferees, grantees, heirs, successors, and
assigns of the CUSTOMER shall be bound by this annexation agreement.
7a.1t is understood by the CUSTOMER that the CUSTOMER by signing this agreement is
hereby providing written consent to the Stormwater Management Assessment levied by
the City pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a
written covenant running with the land. This agreement shall be recorded in the Public
Records of Palm Beach County, Florida. The CUSTOMER and all subsequent
transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be
bound by this written consent to the Stormwater Management Assessment.
8. It is hereby agreed that the CITY shall have no liability for the termination of water
service to the premises, if the City Commission shall determine that it is appropriate to
protect the public health, safety and welfare of the property or inhabitants in the City of
Delray Beach, so long as the premises remain outside of the CITY limits. In the event
the City Commission makes such a determination, the CITY shall be and is hereby
authorized to discontinue water service to the premises upon ninety (90) days notice
given by the CITY. In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above property, then the
CITY shall execute a recordable release of this water service agreement which shall be
recorded at the expense of the CUSTOMER.
2
9. In addition to the limitation of the CITY'S liability under Paragraph 8 above, it is agreed
the CITY shall have no liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due to any prohibitions,
restrictions, limitations, or requirements of local, regional, state, or federal agencies or
other agencies having jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or termination of water service due
to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other
causalities, or other circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of
Delray Beach, Florida, its Mayor, members of the City Commission, officers, employees,
and agents (both in their individual and official capacities) from and against all claims,
damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not
incurred on appeal or in connection with post-judgment collection) and costs arising out
of or resulting from the CUSTOMER'S obligations under or performance pursuant to this
agreement.
11. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated in this agreement. No modification or change in this
agreement shall be valid or binding upon the parties unless in writing executed by the
parities to be bound thereby.
12. The water use granted by this agreement is for the quantity of tap( s) located on
the property described in Paragraph 7, above. The water shall be in conjunction with
use as depicted upon the plan known as
and approved by the Site Plan Review and
Appearance Board on . Any water furnished under
this agreement shall not be used for irrigation purposes unless such use is specifically
and separately approved by the Director of Environmental Services.
13. As an expressed condition of this agreement, the CUSTOMER further agrees to abide
by all ordinances of the CITY which are in effect at the time of development,
redevelopment, or renovation on the site and which pertain to land use and development
matters. Such matters include, but are not limited to signage, landscaping, architectural
review and approval, and the CITY'S formal site plan review and approval processes.
However, no development requirements of the CITY shall be imposed which shall have
the effect of diminishing a County development standard or requirement. In such cases,
the CITY requirement shall be subservient and no further action of waiver or variance
shall be required.
14. Water service, pursuant to this agreement, must be activated within two years of the
date of this agreement or said agreement shall be void. This agreement shall also
become void upon annexation to the City of Delray Beach.
15. This agreement and the terms and conditions thereof shall be binding on all successors,
heirs and assigns of the CUSTOMER and this agreement shall be recorded in the Public
Records of Palm Beach County, Florida.
:\
IN WITNESS WHEREOF the parties hereto have this agreement the day and year first
written.
WITNESS: (as to custo,mer) CUSTO~
tlacJflv."11 ~ / -
(1gn) (Sign) /.J
dA 51Yl ; /) AI /~" (!"~E~...T. v~/f-7-u/BZ
(Name Printe~e written) (Name pnnted or type written)
~ ?l).,a/// N~.-/ ~I/f?t.-LE; ~. /o8dJL
( ign) (Address)
\: ~ \-\. ~ \-\t..)<;.n....:)
(Name printed or type written)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this , day of
,20 by who is
personally known to me or has produced
(Type of Identification) as identification and who did (did not) take an oath.
(Printed Name of Notary Public) (Signature of Notary Public)
Commission # , My Commission Expires
(NOTARY'S SEAL)
STATEOF FPfiI\!~~
COUNTY OF J- A ~H
The foregoing instrument was acknowledged before me this~S' ,of O~-ro13fE.~ ,
20 ()i '~ ctt1 f V (f, f;~;;.;z: tVe:~ (name & titte of offlCOr or agent),
of N 11/ 4 ~ L e P A (name of partnership
acknowledging), on behalf of the partnership. He/She is personally known to me or has
produced '1JffI V~t<.. ae.~fI}S~ (type of identification) as identification and who did (did
not) take an oath. fJr0::J.. ,/10 -Sf'''' 3 38 ~ D
bOfl.P--r-rA 13_ fler,u:,.s-r:- ~ r; - ~
(Printed Name of Notary Public) Ignature of Notary Public)
Commission #JlJ) 1'1-3 dh.:v ,My Commission Expires 05/...2 7/~btJ'1
(NOTARY'S SEAL)
LORElTA E. HEUSSI
NOTAIn' PUIIUC. STATE Of' Fl.ORIDA
COMMISSION' 00193062
EXPIRES 0512712007
IlOflDED lltRU 1-l1llUlOTARY1
4
Legal Description Approved by the Planning & Zoning Department:
~7d~
(Sign)!
Form Approved by the City Attorney's Office:
g.-~~
(Sign)
ATTEST: CITY OF DELRA Y BEACH
(City Clerk) (Mayor)
5
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OELRA Y -'
N NEW ROCHELLE PLAZA
-
( AKA TIRE KINGDOM)
CITY OF OELRA Y BEACH, FL
PLANNING'" ZONING OEPARTMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF LM780 B
~
[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Wnter's Direct Lme. 561/243-7091
f L 0 I I D A.
b:Ifb:II
Al-Amerlca City MEMORANDUM
~II~ DATE: November 11, 2004
TO: City Commission
David Harden:..- City Manager
l..~ -
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with PENCIL. Inc.
PENCIL, Inc. is a non-profit organization that encourages private sector and civic
involvement to support the public schools by inviting individuals to be principals for a day.
The prior agreement between PENCIL and the City was entered into in 2001 and expired
after the 2003 event. This agreement is identical to the prior agreement and continues the
term for another two years. The "Principal for a Day" event is scheduled for November
18, 2004.
This Agreement is for a period of 2 years and provides that PENCIL is the owner of the
trademark and it must first approve any use of any material distributed regarding the
program.
Please place this item on the November 16, 2004 City Commission agenda for approval.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, Acting City Clerk
Janet Meeks, Education Coordinator
<is:L
against the Licensee or if the Licensee shall cease to hold the Event. PENCIL's failure
to resort to any remedy for any breach hereunder shall not be deemed a waiver of any
subsequent breach of this Agreement.
(b) Upon expiration or termination of this Agreement, the Licensee shall immediately
cease all use of the Mark.
12. Reservation of Riahts. All rights with respect to the Mark not expressly granted
herein, including, without limitation, merchandising rights and all rights to use the
PENCIL Rights in connection with other Events and programs are hereby expressly
reserved to PENCIL, its successors and assigns.
13. Miscellaneous.
(a) This Agreement may not be changed, modified, amended or supplemented, except
in a writing signed by the parties.
(b) Each of the parties acknowledges and agrees that the other has not made any
representations, warranties or agreements of any kind, except as may be expressly set
forth herein.
(c) This agreement constitutes and contains the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior agreements relating
thereto, oral and in writing.
(d) This Agreement does not constitute a partnership, joint venture, agency,
employee/employer, or any other similar relationship between the parties hereto.
(e) The paragraph headings used in this Agreement are for convenience only and shall
have no legal effect whatsoever.
(f) Any breach of this Agreement by the Licensee shall entitle PENCIL to injunctive relief
or specific performance. The Licensee's sole remedy for any breach by PENCIL shall
be an action at law for damages.
(g) This agreement shall be governed by the Laws of the State of Florida and venue
shall be in Palm Beach County.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
WITNESSES: PENCIL, Inc.
By:
Gayle Villani, Director of
(print or type name) Partnerships
4
.
(print or type name)
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to form:
By:
City Attorney
5
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGE~
SUBJECT: AGENDA ITEM # 2:r - REGULAR MEETING OF NOVEMBER 16,2004
LEASE AGREEMENT WITH DELRAY TOYOTA
DATE: NOVEMBER 12, 2004
This is before the City Commission to approve a lease agreement with Dekay Toyota to lease five (5)
Toyota Camry LE's for thirty-nine (39) months in the amount of $57,447.00 to support the existing
Community Observer Patrol (COP) Volunteer Program.
Funding is available in 001-2113-521-44.40 (General Fund/Vehicle Rental/Lease).
Recommend approval of a lease agreement with Delray Toyota to lease five (5) Toyota Camry LE's
for the Community Observer Patrol (COP) Volunteer Program.
S.\C,ty Clerk\agenda memos\ VeJucle Lease 1\gmt Dekay Toyota 11 1604
I
> ~~t~
2500-2700-2800 S. FEDERAL HIGHWAY
DELRAY BEACH, FLORIDA 33483
November 8, 2004
Delray Beach Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
Attn: Officer Skip Brown. Volunteer Coordinator
Dear Officer Brown:
This letter will confirm our offer to le~) 4 cylinder Camry LE's to the Delray Beach
Police Department.
Subject to our receipt and approval of your audited financial statement and your purchase
order, we can now estimate the lease payments for the first five Camry's for $294.60 per
month for 39 months at M.S.R.P. of$21,271.00 + Dealer Service Fees + title. This
payment is based on current lease programs in November. The actual selling price and
payments will be determined at time of delivery, subject to bank approval. The lease is
based on 12,000 miles per year. The remaining vehicles will be priced accordingly at
time of delivery. We understand you are tax exempt therefore; we would need a copy of
your sales tax exemption certificate.
Also, you requested a service maintenance contract to be included in the base lease price.
I am providing a copy of the maintenance contract. Please take the time to review the
covered services listed in the document. The cost ofthis coverage is $489.00 or $13.58
per month.
Your department will be obligated to sign our lease agreement and will be obligated to
comply with all terms of said lease.
Please review the contents of this letter and let us know if all of the above conditions are
agreeable
Thank you for the opportunity to be of service.
v~~
Michael Alibrandl, Sales AssocIate
Ed Morse Delray Toyota.
@ (561) 276-5000 · 1-800-940-0390 E9
~llill] I-.'1:.p[Io{IJlil11!!
----
; ~-TOYOTA." ,j .. ~ !,.., 'f- ----~1----->~":~../ -. ---i"'":~"'<: - , c .
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Southeast Toyota F'lnance . Mt)TOl vEHtc;:tE LEASa,AGR,ifE~ ~". " ,. ,"', .
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. l..ESSEE (and COJLESSEE,./fany):'Name-and. LESSOR:'(Dealer'Name-and A'ddress) L .. ,
Address (include County and ZlpCode) ~ ~)
'~ ,
.", : tlELRA '{ TOYOTA
DELRAY BEACH POLICE DEPARTMENT 2700 ::. FEDERAL H~~Y
ra~ %&mT I C A~kM EE'KH FL.. 3'?.444 DELRAY BEACH ..Ft.. 334:3:3,... a;:: 14
This is an agreement to lease (the "Lease') the vehicle described below ("Vehicle") Lessor owns the Vehicle throughout the term of the Lease
Dealer is assigning this Lease and Vehicle ta . ':. .:. -.["-', ("Assignee"), and you agree to this assignment.
in this Lease, "you" and "yaur" refers ta any persan signing this Lease as Lessee or Ca- esses. esso, ''we'~ "us" and "our" refer.ta Dealer and any Assignee. The
consumer lease disclosures included In this Lease are made 9n behalf of Dealer, Assignee and .(if Assignee IS !1.Ql Warld Omnl Financial Carp. d/b/a Sautheast
Tayata Finance ("SETF")) are also made an behalf of SErF. wha will administer the Lease. Far purpases .of the Federal Consumer Leasing Act .only, SErF shQuld
alsa be considered a Lessar. The address far ASSignee IS 6150 Omnl Park Drive, Mobile, AL 36609.
Description of Leased Property ~" .
New .or Year Make & Bady Vehicle Primary Use Mileage an
Used Madel Style Identification NUmber Odameter
NEW O. i[)R Q Pers.onal, Family .or Household
Q Business .or Agncultural 10
Including' Q Autamatic '0 CD Q' Cruise Q Power o Leather DABS o Custom Other
Trans. Player Gontral Windows Wheels EqUipment
Federal Consumer Leasl,ng.Act pls~losures.
1. Amaunt Due at Lease' 2. Manthly p~ments\ )c>5' 3. Other Charges (not part." 4. ratal o~ Payments
Signing or p.<~"'~ e _\ \0 of your Monthly Payment) (The amount you will have
Delivery ~""" ispasitlan Fee (If you do paid by the end 6f the
Lease)
Your first Mon Iy p~t Qf$ not purchase the Vehicle) $
(Itemized below)' . d \. ~ f
IS ue on .. to '
:3C: payments Of$
on the 1 OTI pf each manth,
$ 90:"5' . 10 yaut Monthly Payments Is $ 11489.10 Total $ ... 1 i5:3:2. 90
.ltemlzatlon of Amount Due at Lease Signing or Delivery
5. Amaunt Due At Lease Signing .or Delivery: 6. Haw tha Amaunt Due at Laase Signing .or Delivery will be p.a1d:
a. Capitalized cost reductfon $ j\J/A a. Net trade-in allowance $
b. First Monthly Payment 2l:J4. bO b. Rebates and noncash credits
c. Refundable security deposit NiA c. Amount to be Pllld in cash
d. 11tle fees N/A d. N/A
e. Reglstretlon fses N/A
f, SaleslUse tax N/~ ~f.~
g. I"MJTF /RNTI FIT bR !"-'in ~ . V
h. MIA' ~ .~
i. ILR & TJlG A:'J\J:::y' FFP.=; {;')!"i no~~
Total $ cJ::::=:. 1 n Total $ ~CIQ _,10-
Your monthly paymen~ !s determli'led as 'sho~n below:
7. Grass capitalized cost. The agreed upon value of the Vehicle ($ :d15\.ii2. 55 ) and any Items you pay'
over the Lease term (SUch as service contracts, insurance. and any outstanding prior credit or lease balance) ..,......... $ :::::71G.55
If YQu want an Itemization <;>f thiS amo~nt. please check this box. 0
8. Capltsllzed cast redu~l()n. The amount ahny mit trade-in allawance, rebate, nancash credit. or cash yau pay that
reduces.the gross capitalized cost ................... ....,................... ..................... .............................. ..................... .... ...... - .N/A ,
9. Adjusted capitalized cost The amount used-In Calculating your Base Monthly Payment.................... ................. .......... = 2'::71G.55
10. Residual Value. The value of the Vehicle at the end of the Lease'used in,calculatl1)9 yaur Base Monthly Payment ........~.. - 1':0'55 . 00
11. Depreclatlan and any amartlzed amaunts. Tile amount charged for ttie--VehiGle!s.~8cIine In value thraugh normal
use and for other Itema paid over. the Leas,e term ......_........,......._ ........ . .... ..,;.:. . ................................................::.,;"d.;.. = . :?~i9j.?5._
12. Rent.Charge. The amount charged1n addition to th&depreclation and any amortized amounts.: ........... ............:........,.... . +
13. Tatal .of base monthly p,ayments. The depreclatlol) aOd any' ~mortized amounts plus the rent F~~rg!l .:........:..,. ....,..'.: .... = . ...\).07. fJS..
. , . 11 ~t)9. 40
14. Lease payments. Tht;ll)umber of payments In your Lease ........ .......,. .. .............................;: ,.........;,...... .;>;................. + . , .~O
15. Base Monthly ~.~yment ...................;......................................:............ ...... .....:;'.....,;;.. ...:.......,......:,...........................,....... = 2j4.GO
16. Manthly salea/use tax ........................,........................ .......................,....,.......... .....................,........................................... + N/A
17. .n....................... ....... .... .... ......... ..................................".. ............ ............. + N/A
18. ...................................................................................................................... + N/A
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19. +
20. Tatal Manthly Payment ..................................."................. .:...:-~....,,~~~...;; ...".. .
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;~~;~; : :i :;~ ': ."
. U::::. .~ .:, ',\'
"'..'
, ~ 121. ., E~~y ie;n',in,rti~n: ~.u ~ay ha~8t~ pay a su'b~tantial ~harge If y~u end this Lease early. The chltr{le may be un to several thousand dollars. I
The actual charge will depend on when the Leue Is terminated. The earlier you end the Lease, the greater this charge Is likely to be.
22. Excesslv.e Wear and Use. You m~5 be charged for excessive wear based on our standards for normal use and for mileage In excess of 1 )n!l!l miles
per year at the rat& of 1. cents per mile, ' -
23. ,:"~rchase Option at~~f trdse T.erm.-YQu have an option to purchase the Vehicle althe end of the Lease term forS 1 ::l.:j~~ . nn and a purchase
,optionfseof$ .3., . .' '
24. .Other Importallt Terms~ See your Lease documents for additional Information on lIarly.tennlnation, purchase.optlons and maintenance responsibilities.
;' warranties, late and default charges. insuninca, ~nd any ~e.curity interest, if applicable.
25. OFFICIAL FIi'~S. AND tAXES: The total estimated Elmol!~\ ypu will pay ior D~CJaI ~~I}cense'fees, reglsttation; title, and taxes over the'ferm' of your Lease.
Whether included With your Monthly Payments or assessed otherwise: $ b .j.. .' The actual total of fees and taxes may be higher or lower
depending on the tax rates In effect or the value of the Vehicle at the time a fee or tax Is assessed. -
26. .LATE PAYMENT CHARGE. If any pllymentls not made In full within 10 days after It IS due, youwill pwe a late charge of 5% of the part of the payment that IS late.
27. WARRANTIE.S AND EXCLUSIO'N'S OF WARRANTIES. The Vehicl; is only covered by the war~ntles and service contracts checked below.
~' A warranty of deSCription of the Vehicle and a warranty against interference with your interest under thiS Lease.
To the extent of your interest under this Lease, the benefit of the standard l'fIanufacturer's warranty If the Vehicle is a new vehicle, or the benefrt of , the
remaining balance of the standard'manufacturers warranty if the Vehicle is not a: neY" vehicle. .
0 l:xtended Warranty or Service Contrect. Describe:
EXCEPT AS.EXPRESSLY PROVIDED IN THIS I.:EASE,lESSOR,MAKES NO EXPRESS WARRANTIES COVERING THE VEHICLE. IN PARTICULAR, LESSOR
MAKES.NO.EXPRESSWARRANTIES,OF-VEHICLE CONDITION, MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE
COVERING THE VEHICLE; ,AND LESSOR EXPRESSLY DISCLAIMS ANY SUCH EXPRESS WARRANTieS. UNLESS PROHIBrrED BY LAW, LESSOR MAKES
N.o. !~PI,.IFI:l WA_RR";'N!IE~ Of VEIjICLF co.NQITlO~,.M.ERCHANTABILITY, DUll,Allll.lTY OR FITNESS FOR A PARTICULAR PURPOSE OR USE COVERING
THE VEHICLE, AND LESSOR EXPRESSLY DISCLAIMS ANY ~UCH I~PLIED WARRANTIES.
2J, OPTJOf'lAL. LIFE).NL>IOA ,Dl$A~!l,.tTYI,NSURAI'!,GE: (lFE AND/OR DISABILITY INSURANCE COVERING YOUR LEASE PAYMENT OBLIGATION IS NOT
REQUIRED 10 ENTEA INTO THrl; LEASE:lf y6uili9.ri.b~1c5w;we'wi1l try to get the coverage(S) checked lor the term of this Lease. The premium cost is shown below
and will be Included in the Base MoiilhlY"Payment (see Paragraph 15) The terms of the coverll.ge(s) will be described in the notice or insurance agreement given to
you w~?n yo~ sign t~is ,l,ease. If re ~~~npt get t~~fq~~rage(s) !or you, or If any coverage is canc,eled, we'll cre,dlt your account with any refunds we receive.
Insured Name' "
'. . J "_'. ,". , -
_ Ufe Insurance (Lessee _ Co-Lessee _ Both_) Coverage under this policy Is limited 10 $ N/A
1 ~ >.. Premium $. N/I'.
c
_ Disability, Accident and Health Insurance (Lessee only) Coverage under this policy Is limited to $ N/A monthly Premium $ N/A
Le'1!ee's signature Age_
Co-Les~ee's siiinature Age_
29. FLORIDA LEASE DISCLOSURES
THIS JS,A LEASE AGREEMENT.
THIS IS NOT A PURCHA~E A~REEMENT.
PLEASE REVIEW THESE MATTERS CAREFULLY AND SEEK INDEPENDENT PROFESSIONAL ADVICE IF YOU HAVE ANY
QUESTIONS CONCERNING THIS TBANS,ACTION. YOO ARE ENTITLED TO AN. EXACT COPY OF THE AGREEMENT YOU SIGN.
I Trad.e-In ":ehlcle: Year Make Model I
30. ARBITRATION. Except for an action to obtain possession of the Vehicle or other property covered by this Lease, the
partl~;s agree that 'any t.i,,!res~I~~.<<:':.QI~putes, (a~ d~fine-d in Paragraph 58 .of) th!l reverse side of this Lease) shall. be
subrrl'ltt~d'to arbitration In acc;:!)rdanCe.with the terms ,of Paragraph 58. By Initialing this Paragraph, you are confirming
that YOU have read ahd undet~birtdthisparagraph 30 andParagraph 58 and that you agree to the terms of these arbitration
par~graPhs'l ' 'I C.essee (and CO',Les,see) Initials.
. '
THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU AND'US. There are no other agreements between you and us except those Included In
writing In this Lease .No change. 01 this Lease, no course of performance and no other agreement between you and us will be binding unless in writing and signed
by you and-us. Less.~ (and Co-Lessee) In1tlallll I
NOTICE: '(1) BY SIGNING BELOW; YOU AGREE to ALL THE 'PROVISIONS ON BOTH SIDES OF THIS LEASE. (2) IF THIS LEASE CONTAINS ANY BLANK
SPACES,'IiAVE TflEM FILLED- IN. (3) YOtl'ARE ENTITLED'TO A COMI>LETEL Y FILLEO-IN COpy OF THI!fl.eASE AND OF ANY OTHER AGREEMENTS,
POLICIES OR CERTIFICATES THAT YOU SIGNE[)OFl AGREED TO PURCHASE. '
, '
NOTlCE:1:PRIOR TO SIGNING llHIS'LEASE, READ THE REVERSE SIDE FOR OTHER DISCLOSURES REQUIRED BY LAW AND OTHER TERMS AND
CONDITIONS OF THIS LEASE. .-
YOU SIGNED THIS LEASE AND RECEIVED A COPY ATflFl r:.:AY' P.F='Afl-l FL on OCT ~9 :'~9q
~CITY) (i:)TATE) (Mo.) ay) "{ r.
LE$SEE: CO-LESSEE'
BY: , BY:
-," .. ~-.
Dealer accepts this Lease.and herepy.assigns all of Its right, title and interest In and to this t:ea'Se and In the Vehicle described herein to AssIgnee under the terms of
the World Omnl Financial-Corp. Customer Lease Plan Dealer Agreement and/or Lease Dealer Agreement
DealerlLessor:DELRA Y TOYOTA"' 'By.NJl1-InRr 7Fn RFPj::;P:;FNTA Tn/I="
SETF 3432 FL (07/02)
NEW I USED FLORIDA PREVtOUS EDITIONS MAY'NOT BE USED. C/S# 3432 '
Original - SETF 2nd. Dealer 3rd & 4th - Lessee and Co-Lessee
. - ------ ~ ,>_...._~- -..... ~-- -....
-~ --
AGENDA ITEM NUMBER: 8~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda _ Workshop Agenda _ Special Agenda
When: NOVPlllber 16. 2004
Description of agenda item. (who, what, where, how much):
The current lease on five (5) of the Police Department volunteer vehicles expires
01/09/2005. After looking at a lot of different vehicles the Department has decided to
switch to Toyota Camry LE's. Attached you will find a letter and sample Motor Vehicle
Lease Agreement with Delray Toyota for 39 months @$294.60 per month per vehicle.
The Department budgeted $290.00 per vehicle in the 04/05 Budget. The total lease price
for all five (5) vehicles for 39 months is $57,447.00
Funding for this budget year is available from 001-2113-521-44.40
~epartment Hea~L/
Sagnature:
City Attomey Review IRecommendation (if appHcable):
Budget Director Review (required on aD it~ involving expenditure of funds):
~r11~ ()Jv..Q<f:,...w F~E = II 11.,~tf'--
Funding Available: es / No Initials: !'~
Account Number ool-~/a-5~/-~~1n
Description .!tN/~.P j:J. 9o/.'u., I Ve.L.-cJ..ru ?e~-kwL/ /-.fJ~
I I
d1)
Account Balance: .J 2~) 1fJ ~ -===-
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: 8/ No Initials: l771
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 16.2004
AWARD OF BIDS AND CONTRACTS
DATE: NOVEMBER 12, 2004
This is before the City Commission to approve the award of the following bids:
1. Purchase award to PVS Technologies, Inc. in the amount of $170,000.00 for
ferric chloride for use in the Water Treatment Plant. Funding is available
from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
2. Purchase award to Otto Waste Systems in the amount of $35,000.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/ Cart Renewal and
Replacement).
3. Purchase award to Club Car Transportation and Utility Vehicles for the
purchase of four (4) 2004 Turf Gasoline Utility Vehicles in the amount of
$21,400.00 via the Florida State Contract 070-840-400. Funding is available
from 445-4761-572-64.90 (Delray Municipal Golf Course/ Other
Machinery /Equipment) and 446-4761-572-64.90 (Lakeview Golf
Course/ Other Machinery/Equipment).
4. Contract award to Rosso Paving & Drainage, Inc. in the amount of
$895,651.65 for the N.E. 4th Avenue (N.E. Atlantic Avenue to N.E. 2nd
Street) Beautification Project. Funding is available from 334-3162-541-65.81
(General Construction Fund/N.E. 4th Avenue-East Adantic), 448-5461-538-
65.81 (Stormwater Utility Fund/N.E. 4th Avenue), 442-5178-536-63.51
(Water/Sewer Renewal & Replacement Fund/Sewer Mains), and 441-5181-
536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water
Transtnlssion).
Recommend approval of the above bids and purchases.
s:\c.ty Clerk\agenda memo\B.d Memo.1116 04
----
0/\
~
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Patsy Nadal, Buyer ~N
THROUGH: Joseph SafIor~mance Director
DATE: November 03, 2004
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
NOVEMBER 16, 2004 - PURCHASE OF FERRIC CHLORIDE
FROM PVS TECHNOLOGIES FOR WATER TREATMENT PLANT
Item Before Commission:
City Commission is requested to approve a request for a blanket purchase order with PVS Technologies Inc.
for the total amount of $170,000.00 for the purchase of ferric chloride. Ferric chloride is needed to reduce
organic properties in treated water.
Background:
The Manager of the Water Treatment Plant is requesting a blanket purchase order for this fiscal year in the
amount of $170,000. for ferric chloride at $.6022 per pound. The pricing is a firm price offer from PVS
Technologies per letter dated October 20,2004 for calendar year 2005 and $.6172 per pound for calendar
year 2006.
The City of Delray Beach utilized the Broward County contract in fiscal year 2003/2004. Per my
conversation with PVS, the Broward County contract pricing will not be offer to other municipalities this
year. There are two (2) other vendors who supply this product, one product is not as consistent and has
more impurities and the other is produced and shipped from the Midwest.
Recommendation:
Staff recommends approval for a blanket purchase order with PVS Technologies Inc. for the purchase of
ferric chloride in the total amount of $170,000. and for calendar year 2005/2006 as a sole source vendor for
this product. Funding from account code 441-5122-536-52.21.
Attachments:
Memo From Manager Water Treatment Plant
Memo from PVS Technologies
~t.~
Oc - 28 04 10:20a WTP LAB 5612437316 p. 1
I
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
}\,'Ww delrayesd com
TO: Patsy Nadel, Buyer, Purchasing
FROM: John M.Bullard~anager, WTP
Subject: Purchasing of Ferric Chloride
Date: October 28, 2004
I just received this letter from Gary YlcGuffey of P.V.S. Technologies, Inc., so I'm sending it
along to you. As you know, we are hoping to continue to purchase ferric chloride from P.V.S.
even though we will not be able to piggy back on the Broward County contract.
Gary indicated to me that there are two other main sources of ferric chloride, other than P.V.S.
One source has a less consistent product with more impurities than P.V.S. The other has a
comparable product to P.V.S. but it is produced and shipped from the Midwest. Our product from
P.V.S. comes from Atlanta, Georgia.
We use ferric chloride to reduce organic related properties in the water we treat. The ferric
chloride we have used from P.V.S. has allowed us to meet the very stringent Disinfection
Byproduct Rule implemented by the E.P.A. this year. Csing ferric chloride has allowed us not to
have to use more expensive methods of alternative treatment such as anionic exchange or reverse
OsmOSIS.
P.V.S. assisted us to a great degree in our initial experimentation with ferric chloride. They
provided us with a supply tank, pumps and a considerable amount of expertise. From the testing
phase through the permanent use of ferric chloride, P.V.S. has provided us with a highly pure
product with consistent properties. P.V.S. owns its own trucking company and their service and
deliveries have been exceptionaL
From what we've been told, Broward County Utilities attempts to stay with P.V.S. if at all
possible. Apparently they have had at least one bad experience with another supplier.
For all the reasons cited above, I would highly recommend that we continue to purchase ferric
chloride from P.V.S. for the nest two years.
Enc:
JBlgpl
U.'.memosfrom J BullardlPalSY pvs Femc Chloride Ocl 28th 042005 doc
o c':. 28 04 10:20a WTP LAB 5612437316 p.2
.
. PVS TECHIVOLOGIES
October 20, 2004
John Bullard
City of Delray Beach
200 SW 6th Street
Delray Beach, FL 33444
Dear John;
Per our conversation, I am pleased to offer the following firm pricing:
Product: Ferric Chloride 37% . 42%
Price 1: $.6022/Pound of Iron
Price 2: S.6172/Pound of Iron
FOB: Delivered to the City of Del ray Beach Water
Treatment Plant
Package: Bulk Tank Truck 45,000 pound minimum
Terms: Net 30 Days
Conditions: Demurrage-2 hrs. Free $50.001hr. thereafter
Weekend/holiday del $100.00 and $150.00
Firmness:
Price 1: Calendar Year 2005
Price 2: Calendar Year 2006
John, I feel that acceptance of the above offer would be in the best interest of the
City ofDelray Beach. Based on our past performance on overall product quality,
product consistency, delivery service and technical support, you would agree that
PVS has provided significant added value for the price of the product. No alternative
supplier would provide the competitive pricing or the product quality you currently
receive from PVS. Additionally, the above offer gives the City firm predictable costs
fOf the next two years, which will allow you to budget your chemical costs with much
more confidence.
We at PVS, value your business and we look forward to its continuance in the
future. Please contact me if I or anyone else at PVS may be of additional service.
.
.~ Sincerely,
~1::r!ffr
PVS Technologies, Ine
pvs TECHNOLOGIES, INC 10900 HARPER A VENUE. DETROIT, Ml48213 (313) )71-11 00 FAX 571-6765
AGENDA ITEM NUMBER: ~L\>\
AGENDA REQUEST
Request to be placed on: November 16,2004
Date: November 3, 2004
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for a blanket purchase order for the purchase of ferric chloride from PVS Technologies
Inc. as a sole source vendor for the total amount of $170,000. for use in the Water Treatment
Plant.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve the purchase of ferric chloride from PVS Technologies Inc., as a sole source vendor for
the total of $170,000. via firm price offer, dated 10/20/2004.
Funding from account code 441-5122-536-52.21.
Department Head Signature: ~.~~
Detennination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes UK No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: @ &1- No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM ~
TO: David HanIen. City ~er
FROM: Patsy Nadal, Buyer.~ (\)
THROUGH: Joseph Saffor~ce Director
DATE: 11/3/2004
SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING
NOVEMBER 16,2004 - BLANKET PURCHASE ORDER
FOR GARBAGE CARTS FROM OYrO WASTE SYSTEMS
Item Before Commission:
The City Commission is requested to approve a blanket purchase order of hot stamped garbage
carts, lids and wheels from Otto Waste Systems as a sole source provider, for the total amount of
$35,000.00.
Back2round:
The City orders garbage carts an average of three (3) times a year. The sizes required by the City
of Delray Beach are 68 and 95 gallon carts with lids and wheels. These carts will have a forest
green body, black lid, rubber tires and hot stamped with City Logo seal and serial numbers.
Otto Waste Systems has quoted to the City a unit price of $38.00 each for 68 gallon carts, $39.00
each for the 95 gallon carts per attached quote dated October 22, 2004. The carts are shipped in
full truckloads for cost savings of freight. Otto Industries, Inc. is the original vendor for the
purchase of these carts since their initial "roIl-out" in 1996.
Recommendation:
Staff recommends the purchase of the garbage carts with lids via a blanket purchase order in the
amount of $35,000.00 from Otto Waste Systems as a sole source purchase.
Funding from account code: #433-3711-534-49.35.
Attachments:
Memo from Director of Community Improvement
Quote from Otto Industries, Inc.
8'K.d-
MEMORANDUM
TO: PATSY NADEL, BUYER
LULA BUTLER, DIRECTOR OF COMMUNITY TMPROVEMEN;iJ
THRU:
FROM: RICHARD BAUER, CODE ENFORCEMENT ADMINISTRATOR {?s'"
SUBJECT: PURCHASE OF GARBAGE CARTS FROM OTTO
ENVIRONMENTAL SYSTEMS (NC) LLC
DATE: OCTOBER 28, 2004
The City is in need of additional garbage carts with lids.
We have in this year's budget $35,000.00 for Cart Renewal and Replacement (account
433-3711-534.49-35).
I would like to request City Commission's approval for a blanket purchase order to cover
future purchases as needed. On an average, we need three orders per year. By receiving
Commission's blanket approval for purchasing carts during our 2004-2005 fiscal year, we
will be able to shorten our time period from the ordering sequence to the delivery of the
cart to our citizens. As noted in Otto's quote, delivery of carts is about 4-5 weeks after
receipt of order.
We have received a quotation for the following items needed now:
. 300 95 gallon carts @$39/each = $11,700.00
. 250 68 gallon carts @$38/each = 9,500.00
TOTAL MERCHANDISE: $21,200.00
SHIPPING (estimated) 1,223.25
TOTAL ORDER $22,433.25
Carts are to have forest green bodies, black lids; rubber wheels and shipped with axels
and axel spacers.
Attached is a price quote from M.J. Schmidt of Otto supporting the above prices.
'>
. OTTO ENVIRONMENTAL
SYSTEMS (NC), LLC
12700 General Drive (28273)
PO Box 410251
Charlotte, NC 28241-0251
October 22,2004 Telephone (904) 669-3791
FacSimile (407) 386-6345
Ms. Patsy Nadal
City of Delray Beach
100 N.W. 151 Avenue
Delray Beach, FL 33444
Dear Ms. Nadal;
I look forward to meeting you for lunch today. Thank you for your request for a quotation
with the pricing of 95-Gallon and 58-gallon carts.
We are pleased to quote as follows:
. Otto 95-gallon Classic Roll Out Carts $39.00 per cart
. Otto 68-gallon Classic Roll Out Carts $38.00 per cart
The quoted price includes carts molded and hot stamped just like the carts from your
previous orders. This includes the city logo on both sides of the cart body and serial
numbers on the left-hand side of the cart. The carts will also be equipped with the same
cushion tread wheels as you have received in the past.
The pricing is quoted FOB: Charlotte, NC. This means that the cost of freight will be in
addition to the price of the cart.
Presently our lead-time for 95-gallon and 68-gallon cart orders is about 4-5 weeks after
receipt of order.
If there are any further questions, please call me on 904-669-3791. You may send your
purchase order to me for processing, or fax it directly to our Customer Service department
at 704-588-8981.
Regards,
m~MmuJj,
MJ Schmidt
Southeast Area Manager
Otto Environmental Systems (NC), LLC.
A Subsidiary of Otto Industries North Amenca, Inc.
AGENDA ITEM NUMBER: cg-~~
AGENDA REQUEST
Request to be placed on: November 16, 2004
Date: November 3, 2004
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
The City Commission is requested to approve a blanket purchase order of hot stamped garbage carts,
lids and wheels from Otto Waste Systems as a sole source provider, for the total amount of
$35,000.00.
ORDINANCElRESOLUTlON REQUIRED: YES NO _X
Draft Attached: YES NO _X
Recommendation:
Purchase garbage carts from Otto Waste Systems via a blanket purchase order for a total amount of
$35,000.000 as a sole source provider.
Funding from account code: 433-3711-534-49.35
Department Head Signature: ~r ~:i-~
"-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives: (if applicable)
Account Number.
Account Description:
Account Balance:
City Manager Review:
Approved for ageodaB-4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
------- ~-
MEMORANDUM
10: David Harden, City Manager
FROM: Patsy Nadal, Buyer ?~
THROUGH: Joseph Saffo~nance Director
DATE: 11/8/2004
SUBJECT: Approval of Purchase - Gasoline Utility Vehicles
Delray Beach Golf Club and Lakeview Golf Club
Item Before Commission:
City Commission is requested to approve the purchase of four (4) 2004 Turf 2 Gasoline Utility Vehicle,
three (3) for Delray Beach Golf Club and one (1) for Lakeview Golf Club, in the amount of $21,400.00 @
$5,350.00 each, equipped as depicted on Florida Slate Contract #070-840-400, per quote #DBGC-01,
dated October 5, 2004 from Club Car.
Backaround:
The Golf Courses have $70,000.00 budgeted for equipment purchases for this fiscal year. The
Courses presently have fourteen (14) vehicles in inventOlY, three (3) at Lakeview and eleven (11) at
Delray. Of the fourteen (14), three (3) are between the ages of nine (9) and thirteen (13) years old and
are used for parts and scrap. Four (4) others are seven (7) years or more old and are past their useful
life.
The two (2) Golf Courses need a total of eight (8) operating carts at all times. The Courses are
presently using golf carts from their golfing fleet and these do not have work beds and are very slow.
Wll:h the season approaching, all of the golf carts will be needed for the golfers.
Club Car was selected for this purchase because parts can be obtained when needed from other Club
Car carts that the City currently own.
Recommendation:
Staff recommends purchase via Florida Slate Contract #070-840-400 from Club Car Transportation &
Utility Vehicles in the amount of $~ ,000.00. ~ d.-\ t\ C1J ~.
Funding from Capitol Account #446-4761-572-64.90, in the amount of $5,350.00 and $16,050.00 from
account #445-4761-572-64.90.
Attachments: Club Car Quote #DBGC-01
Requisition Request #114865 and #114866
Golf Course PO Request Fonns
~\Z3
11/02/2004 11: 51 5512437385 DELRAY BEACH GOLF PAGE 05/05
Btlrll~ QUOTA TION
TRANSF'ORTATIOH REF. NUMBER DBGC-O 1
& Untrr'f VfJiJCLES
PO Box 204658 Augus::a, GA 30917-4658 Telep~one (706) 853-3000 Facsimile (706) 869-0725
PREPAR !':D FOR: De/ray Beach Golf Club DATE OF QUOTE: October 5,2004
2200 Highalnd Ave. QUOTED BY: Mary Krepps
Delray Beach/ FL 33445
Attn: Tom Arendt
Phone: 561-243-7388
Fax: 561-243-7386
WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION
FLORIDA SlATE: CONTRACT
CONTRACT NUMBER 070-840-04-1
EFFECTIVE 2/26/04 THROUGH 2/28/06
Commodity #070-840-400
4 2004 Turf 2 Ga!ioline Utility Vehicle equipped $5,350.00 $21,400 00
:it!; d~nir::tM on Florida Stat~ Contr;llct~
Dark Green Front Body/GraY Seats . , Standard Standard
Carao Box ,. Standard Standard
11 HorseDower Gasoline Pedal-Start Enaine . ' ~'11 Standard Standard
.' .
~'~J~
2-Wheel Brakes r;,;.; Standard Standa,d
j.;(
Dash Mounted Fuel Gauae/Hour Meter ,~ ;~ Standard Standard
Heavv Duty Front BumDer ~/, ',-- Standard Standard
Rear T,ailer Hitch ;'\ Standard Standard
t -
Radio/Beyeraoe Holders t\ Standard Standard
Differential Guard Standard Standard
Standard Lights Package (headlights, tai/~/iQhts Standard Standard
hrilkpliaht.<::; Rr hnrn)
Canaov Too Standard Standard
So/fd WIndshield Standard Standard
Wmk Mirror Standard Standard
Slow Mov/na Velllde Sian Standard StandC1rd
6-Ply Premium Tread TIres (Front) Standard Standard
6-Ply Extra Traction Rear Tires (Rear) Standard Standard
lL~ilI
~ lo~ ~t
\ '
-
TOTAL: 5 350.00 21 400.00
~E~IV:S r 0 s. APPRX DEUVERY DATE S;.JTPPED VIA J
: DAYS DESTTNAITON .c C~f3. TR:JCK .
Pnc;cs q'..l.(n:d ~f' :hose in e.ffec: a: the tin:e of quotatio!l =c. =e gu~a.'"lteed s1.1bJect to acceptan~e by Decerr:ber 31, 2004
Applico.bb 9to.te or local tax.,.. not included All crecht ~erm~ must be approved by Club Car, 11:1<'_ p:"1or- to ci....hvt"ry CUatom~!"
to s~b~t I equrrec. c:.-edit :nformatlon fo:' c.reci:.t &;:lp=cval. Dehvery lead 1rne of 6 to 8 weeks normally requ~ec._
THAKK vcm FOR YOUR INTEREST IN CLUB CAR PRODUCTS.
---~
AGENDA ITEM NUMBER: ~'<-3
AGENDA REQUEST
Request to be placed on: November 16, 2004
Date: November 8, 2004
...M- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to approve purchase of four (4) 2004 Turf 2 Gasoline Utility Vehicle,
three (3) for Delray Beach Golf Club and one (1) for Lakeview Golf Club, in the amount of $21,400.00
@ $5,350.00 each, equipped as depicted on Florida State Contract #070-840-400, per quote #DBGC-
01, dated October 5, 2004 from Club Car.
ORDINANCE/RESOLUTION REQUIRED: YES NO _X
.
Draft Attached: YES NO _X
Recommendation:
Staff recommends purchase via Florida State Contract #070-840-400 from Club Car Transportation &
Utility Vehides in the amount of $21,999.90. ~ .;l,\ :'-\ ~,Qt:)
)
Funding from Capitol Account #446-4761-572-64.90, in the amount of $5,350.00 and $16,050.00 from
account #445-4761-572-64.90.
Department Head Signature:
Detennination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ X No
Funding alternatives: (if applicable)
Account Number: 4if'-1./1Io1 -57J - "'-181)
1j..f5-ifff.,J -~.1J - {p'-f.'jf) ()~ 7~O-L/.._/~ '
Account Description: ~ 6... jv 711.,;" :'00 J;f..f:/~ & ~; ~J j , =t
~~ tf.~ ~,~t~ ''fI-~ ~'N~ ~~J
n L~'
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Account Balance. / , of ~ H ~. fc4 If v l!-
I · 1'-0"--'. ~:1. J,lc't'
oJ
City Manager Review:
Approved Inr ~.:@ ~_ Nn
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
-
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.MyDelrayBeach.com
TO: David T. Harden, City Manager
FROM: William A. Grieve, P.E., Assistant City Engineer wa6
DATE: November 10, 2004
SUBJECT: NE 4th Avenue -Atlantic Avenue to NE 2nd Street Beautification
Project # 2003-038
Commission Agenda Item
The attached agenda item is for Commission approvaVauthorization for the Mayor to execute
construction contract with Rosso Paving and Drainage, Inc. for the construction of improvements
along NE 4th Avenue between Atlantic Avenue and NE 2nd Street.
This construction contract includes the following improvements: streetscape, drainage, reuse
water main extensions, sanitary sewer replacement, roadway reconstruction, pavement markings
and traffic signage, utility conduits, paver brick sidewalks, on street parking, landscaping, design-
build irrigation, and decorative street lighting with the associated electrical system.
The cost of NE 4th Ave project is $895,651.65. A complete Bid Tabulation is attached.
Funding is available as follows:
Funding Source Account Number Balance Contract
General Capital 334-3162-541-65.81 $624,000.00 $617,501.28
Drainage 448-5461-538-65.81 $370,000.00 $201,856.99
Sanitary Sewer R&R 442-5178-536-63.51 $271,000.00 $25,366.18
Reuse Water Main 441-5181-536-65.96 $1,969,999.00 $50,927.20
Total $895,651.65
A location map is attached.
Please place this on the November 16, 2004 commission agenda.
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
file
S:\EngAdmin\Projects\2003\2003-038\OFFICIAL \ 11-16-2004 agenda memo.doc ~k~
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ENVIRONMENTAL SERVICES DEPARTMENT N.E. 4TH AVE. FILENAME
434 SOUTH 9WNTON AVENJE. OELRAY BEACH, FI..ORDA 33444 ProJ # 2003-038 1 of 1
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<n
Date: Nov. 10.2004 AGENDA ITEM NUMBER: ~K, ~
G
.~.
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: Nov. 16.2004
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for the Mayor to execute construction contract with
Rosso Paving and Drainage, Inc. for the construction of improvements along NE 4th A venue between Atlantic A venue
and NE 2nd Street. This construction contract includes the following improvements: streetscape, drainage, reuse water
main extensions, sanitary sewer replacement, roadway reconstruction, pavement markings and traffic signage, utility
conduits, paver brick sidewalks, on street parking, landscaping, design-build irrigation, and decorative street lighting
with the associated electrical system. The cost of NE 4th Ave project is $895,651.65. A complete Bid Tabulation is
attached.
Funding is available as follows: Contract f;Mi~'/L
Fundin2 Source Account Number Balance
General Capital4\.tJ,I.~i.Jt>!{..b 334-3162-541-65.81 $624,000.00 $617,501.28~".1
D . -n....~ Mf.N~ 448-5461-538-65.81 $370,000.00 $201,856.99 tiJ3;i1'j
ramage
Sanitary Sewer R&R 442-5178-536-63.51 $271,000.00 $25,366.18 (jJ-!/115
Reuse Water Main 441-5181-536-65.96 $1,969,999.00 $50,927 .20~'lAi
Total $895,651.65
Staff Recommendation: APproe~L ~
Department Head Signature: /1./0.0'/
City Attorney Review/Recommendation (if applicable):
Budget Director ~eview (required on all items in~olving expenditure of funds):
tlPt..P ~ =ttiolt. Ifcvv I~' ~ 1'V(~ .
Fun ing Available: Yes / No Initials: See above
Account Number See Above ~.(l"r.lI'.t-lflE J.l1!-~J/l. .f AJL..J,(.~
Description SeeAbove 31l/-"31ftJ2-j'lI-/'$fs'I
Account Balance: See Above
Funding Alternatives: J.I'f~-511"-53/, ~,56 (if applicable)
'NY-5~"_~3'if.'-i.'tI ~ll>~ Wilt, tJI.'l,{J.. ...,.., l-SI~I~~L-" S.~ J"
. . l!i 't AII'{... ttHa ~eWa./~ pI. . W1 s J:d-. I v'lk..-~ '!'f~ \J . ,
CIty Manager ReVIew: $ev>t'::' '-#\.c..:,v~ ~ la.; rn WI ({.. f,"l.o"'l..btfl< ~ Ii.. oJ
Approved for Agenda: & / No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
s: \ EngAdmin \ Projects \2003 \ 2003-038 \ OFFICIAL \ 11-16-2004 agenda.doc
-
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Lula Butler, Community Improvement Director t/!J
FROM: Ferline F. Mesidort, C.D. Specialist
DATE: November 9, 2004
SUBJECT: Request for Subordination - Applicant (Lucanes and Marie Joseph)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position
in the amount of $22,500.00 to allow the homeowners, Lucanes and Marie Joseph, to
refinance the first mortgage at a lower rate and a shorter loan term.
BACKGROUND
The Joseph's are homeowners within the CDBG Target Area. In June of 2002, they
participated in the First-Time Homebuyer's Program. The Joseph's were assisted with
funds from the SHIP Program.
The first-time homebuyer assistance is secured with a second mortgage/promissory note
and will be forgiven on a pro-rated basis specific to the duration of the note. Grant
amounts less than $15,000 per unit are forgiven at a rate of20% per year for a period of
five years and grant amount equal to or greater than $15,000, but less than $25,000 per
unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current
agreement will remain recorded as a covenant to the property until June 2012.
RECOMMENDATION
Staff is recommending City Commission approval of Lucanes and Marie Joseph's request
to subordinate its second mortgage position in the amount of $22,500. The subordination
meets all the requirements of the City's Subordination Policy.
~k
"';'f;\i1iI'Ti''''' 4r.'~ ",,~ """":t J.," ~ "'>41-~ ~ i( '!J ~ n [I"
~';~'" j~~ - i:~;}< (.."",-. tl--lt i~_'-'.... . :.....~i ~ ,-.... I: r:? -'- -.-
~_t~ ~ hit ~~ ~~~ _" J; ~l ".-_ :~ ~f '"ii ~ i:i .;:: ~~ -_:~~~ ~._ ~- - -. :':J1~~
I. y >.-" r:~" r' ~. iCf '($I~~ Iltr t'$; '". ~'''-'' , ',,*
",",.." ( "-ice,' 'c', ~..-,-" ,,;; '" ,~f; ~c~,,> ~r:l. ~ ~ ;JiI' _ r,'.
CITY ATTOR\I~V~~ l'H'~rft'ic 1_' _,,-., ~. ~~, L';'~-r. <- r'E~_F-~.:..,\~ !::~i\.C~ rLC~RlI)A ~~-J..j~
-. . . .' fi"i ~ . ~s "'"' f lr
.. '. - ;J f1,,!'"'! r; ;} lr ~ f h,,!' ~4'l l.r=-~_.Lr~~~~'~ .:-.~_ ~-..:~, -~-~..- ~ :-.....\...~5-.}~~~i~E _;:-~ :!-f-~~~~
DELRA Y BEACH Writer's Direct Line. 561/243-7091
f L 0 . I D "
ldb:II
AR-America City
~n I'!' MEMORANDUM
DATE: November 4, 2004
TO: Ferline F. Mesidort, C.D. Specialist
-
l',-...r--
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Subordination Aqreement - 817 SW 6th Avenue
I have no comments on the attached subordination agreement. I assume the
homeowner meets one of the criteria listed in the policy.
,
"
I
.
PREPARED BY AND RETURN TO: i
Arnold Stlllus, Jr., Esquire ,
ENTERPRISE TITLE, INC. I
I
10081 Pines Boulevard - Suite C I
Pembroke Pines, Florida 33024 I
Telephone: (954) 431-2000
File Number: 04-9502P ;
I
SUBORDINATION AGREEMENT I
I
WHEREAS, City of Delray Beach, is the owner and holder of that certain mortgage and note dated June I
26, 2002, In the amount of $ 22,500.00, and recorded on July 2, 2002 , in Official Records Book 13867 . at
Page 321 , of the Public Records of Palm Beach County, Florida, which is currently a lien against the real
property described as follows, to wit: i
Lot 3, of ROSEMONT VILLAS, UNIT e, according to the Plat thereof, as I
recorded in Plat Book 29. at Page 183 of the Public Records of Palm
Beach County, Florida. ,
!
WHEREAS, UNION PLANTERS BANK, N.A. {hereinafter "MORTGAGEE">' is making a mortgage
Joan on or about this date to LUCANES JOSEPH and MARIE JOSEPH, husband and wife, encumbering
the same real property in the amount of $95000; I
r
WHEREAS, City of Delray Beach, has egreed to subordinate its mortgage to the lien of the i
I
MORTGAGEE, its successors and assigns: I
:
NOW THEREFORE, in consideration of TEN DOLlARS ($10.001 and other good and valuable !
consideration, City of Delray Beach does hereby agree as follows:
I
1.City of Delray Beach does subordinate the lien of its mortgage described above to the lien of !
the MORTGAGEE'S mortgage which will be recorded simultaneously with this agreement in the Public I
Records of Palm Beach County, Florida:
2. City of Delray Beach acknowledges that its mortgage on the subject property is and will be !
subordinate to the mortgage of MORTGAGEE dated November _th, 2004, and recorded under Clerk's
File No. , of the Public Records of Palm Beach, Florida.
3. Except for the subordination covanants in Paragraphs 1 and 2, nothing contained herein 1
affects the right of aither City of Delray Beach or MORTGAGEE to enforce their remedies under the
notes and mortgages described above.
I
IN WITNESS WHEREOF, City of Delray Beach has hereunto set Its hand and seal this I
, day of ,2004.
I
I
By:
:
STATE OF FLORIDA ) i
I
: SS. I
COUNTY OF Palm Baach )
I HEREBY CERTIFY that on this day before me, an officer dlW( qualified to take I
acknowledgments, personally appeared of , who is personally known to me or who
has produced a Florida Driver's License as idantification, and who did take an oath.
i
WITNESS my hand and official seal in the County and State aforasaid this day I
of ,2004.
I
NOTARY PUBLIC
My Commission Expires:
- ---- - .-
Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: November 9, 2004
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda VVhen:NovernberI6,2004
Description of item:
Authorization and approval to subordinate the City's second mortgage position in the
amount of $22,500 to allow Lucanes and Marie Joseph to refinance their mortgage at a
lower interest rate and shorter term.
Recommendation:
Staff recommends approval and execution of the subordination agreement.
Department Head Signature: ~ ~
City Attorney ReviewIRecommendation (if applicable):
Budget Di10r Review (~ on all items invo.t;g expen~ure of funds):
trt-l 'o..L... W. '1lo AtJ ie Y ~
Funding Available: @/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: :/ <--~ 'f. ~
Approved for Agenda:
Hold Until:
Agenda Coordinator Review: ~~
Received: ~
Placed on Agenda:
0/
t?fV)
I
CITY COMMISSION DOCUMENT A TION
TO:
.
THRU: R F PLANNING AND ZONING
r~A
FROM: ESTELIO BRETO, SENIO LANNER "1 i~ '-.' ::g- ,
SUBJECT:
MEETING OF NOVEMBER 15, 2004
CONSIDERATION OF AN EXTENSION REQUEST OF THE
CONDITIONAL USE APPROVAL TO ESTABLISH A CAR WASH
FACILITY TO BE KNOWN AS WEATHERSPOON CAR WASH
PURSUANT TO LDR SECTION 2.4.4 (F) (1). THE SUBJECT
PROPERTY IS 0.59 ACRES SITE LOCATED ON THE WEST SIDE
OF NORTH FEDERAL HIGHWA Y, APPROXIAMTEL Y 1600' SOUTH
OF GULFSTREAM BOULEVARD.
Ji, BACKGROUND I
The subject property is zoned GC (General Commercial) and is the north 80 feet of
lot 4 Delray Beach Estates. The 0.59 acre property is located in the North Federal
Highway Redevelopment Area and Overlay District. The subject property was
voluntarily annexed into the City on August 22, 1989 with the GC zoning designation
(via Ordinance No. 43-89). At the time of annexation, the site was occupied by two
buildings built in 1957 which housed Maury's Tool Chest, a repair shop and truck
rental store. The property was last occupied by an accountant's office, which
vacated the site in 2001.
At its meeting of June 03, 2003, City Commission approved the conditional use
request to establish a self-service car wash facility to be known as Weatherspoon
Car Wash. This approval was subject to several conditions which are now being
addressed with a Class V site plan. The conditional use approval is set to expire on
December 03, 2004 and a 24 month extension is now being requested. Additional
background information and a full analysis of the original conditional use request can
be found in the attached staff report dated May 19, 2003.
J EXTENSION ANALYSIS I
Pursuant to LOR Section 2.4.4(F) (1), extensions may be granted to a previously
approved development application, pursuant to the following:
LI A written request for an extension must have been received by the City at
least 45 days prior to the expiration date;
LI The letter must set forth the basis and reason for the extension;
LI The extension shall be considered by the same body which granted the
original approval; and
LI The extension, if granted, shall be for 18 months unless otherwise stated.
~~
City Commission Documentation
Meeting of November 15, 2004
Extension Request of the Conditional Use Approval to Establish Weastherspoon Car Wash
Page 2
Additionally, pursuant to LDR Section 2.4.4(F) (3), when an extension is requested
for a project on which construction has not commenced, the project shall be
evaluated pursuant to the Land Development Regulations in effect at the time of
consideration of the extension request and shall comply with such current
requirements.
The letter of request (copy attached) was submitted by the applicant in a timely
manner. The basis and reason for the extension as provided by the applicant are as
follows:
1/.. . first, my architect was hospitalized due to a heart condition".
1/.. .secondly, considerable delay was caused to the project due to a disagreement
between the City's Engineer and the Department of Transportation (DOT) regarding
the location of the access from North Federal Highway".
1/.. . last, but not lease, getting financial approval for the project is still an on-going
process".
While there have been several modifications made to the LDR's, there have been no
changes which would have an impact on the development proposal. Given this factor
the original findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan can be made with this extension request and staff is
recommending approval.
I RECOMMENDED ACTION I
By motion, approve the request for an extension of the conditional use approval for
Weatherspoon Car Wash, by adopting the findings of fact and law contained in the
attached staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.4(F), and
Chapter 3 and Section 2.4.5 (E) (5) of the Land Development Regulations with said
approval to be valid for an additional two years (expiring December 03, 2006).
Attachments: P & Z Staff Report of June 03, 2003
Date: October 18, 2004
Mr. Estella Breta, Senior Planner
City ofDelray Beach I
RE: Weatherspoon Connection Car wash - Class V Site Plan Project
Dear Mr. Breto,
This memo is to request an extension of 18 months for the conditional use
Site plan for the car wash.
The reason for project delay has been several One, mYaIChitect was hospitalized
due to a heart problem. Secondly, due to disagreement between the City's engineer
and Dot's engineer about where to place the road accessing north federal highway
cause some considerable delay. Last, but not lease, getting financial approval
for the project has been on going. -
Sincerely,
President
RECEIVED
OCT , 8 lOOt
.
PLANNING & ZONING
- --- -- ----
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: May 19,2003
AGENDA ITEM: IV. B.
ITEM: Conditional Use Request to Allow the Establishment of a Self-Serve Car Wash
Facility to be Known as Weatherspoon Car Wash (Quasi.Judicial Hearing).
GENERAL DATA:
Owner....................................... . Kjell Bergh and Maria N.
Bergh, Co. Trustees
Applicant... ........ ....... ...... ............ Jimmy Weatherspoon
Agent.......................................... Christopher J. Brown
Location...................................... Located on the west side of <J
oJ
"-
North Federal Highway,
approximately 1,600 feet
south of Gulf Stream
Boulevard.
Property Size.............................. 0.58 acres
Future Land Use Map................ GC (General Commercial) FOOTBAL
Current Zoning............................ GC (General AELD
Commercial - North
Federal Highway
Overlay)
Adjacent Zoning................North: GC (General
Commercial - North
Federal Highway
Overlay)
East: AC (Automotive Commercial)
South: GC (General
Commercial - North
Federal Highway
Overlay)
West: CF (Community Facilities)
, & R-1-A (Single Family
Residential)
Existing Land Use...................... Warehouse
Proposed Land Use.................... Establishment of a self-serve
car wash facility.
Water Service............................. Existing on site. "
Sewer Service............................. Existing on site.
..:
IV. B.
--- ---
I~"'~;~;\~ . . 'I" -r-::':' - '-I T'e"M .tB~E!i=b:RE,.;,..t:H E""B'O~"ll D .-~ .' '," I
The action before the Board is making a recommendation to the City
Commission on a Conditional Use request to establish a car wash facility
to be known as Weatherspoon Car Wash, pursuant to Section 2.4.5(E).
The subject property is located on North Federal Highway approximately
1600' south of Gulfstream Boulevard.
':.l"~'t. ~t~. ~ - .. ~- ".'. :~::" B 'A,"c'k G~jt~rlj"N''t] - '. :-. .. ..~..'. t,' . " .. ."10...'1'.. .. ~"..
).0: .. v ... ",'.. I ~I h . ~ ::: . . . .-
The subject property is zoned GC (General Commercial) and involves the north ao feet
of lot 4. Delray Beach Estates, containing approximately 0.59 acres. The property is
also located in the North Federal Highway Redevelopment Area and Overlay District.
There are two vacant buildings, which exist on site that were constructed in 1957 under
Palm Beach County's jurisdiction. A large billboard sign exists at the southeast corner of
the property.
The subject property, which is zoned General Commercial (GC), voluntarily annexed
into the City on August 22, 19a9 with the GC zoning designation (via Ordinance No. 43-
a9), along with other properties along the North Federal Highway corridor pursuant to
water service agreements. At the time of annexation, Maury's Tool Chest existed on-
site which was a repair shop and truck rental store. The property was last occupied by
an accountant's office, which vacated the site in 2001. The site is currently unoccupied.
A conditional use request has been submitted to establish a self-service car wash
facility on the property. The applicant currently operates an identical use at the
northwest corner of Pineapple Grove Way (NE 2nd Avenue) and NE 2nd Street, which is
known as "The Grove Carwash". 'The Grove Carwash" property has been purchased
and is proposed to be redeveloped as a mixed-use project. Therefore, the owner
wishes to re-establish the business at the subject North Federal Highway property in
question.
A conditional use application was received to establish Weatherspoon Carwash, a self-
service car wash facility on the subject property, which is the request before the Board.
The conditional use request is to establish a self-service car wash facility to be known
as Weatherspoon Car Wash. The development proposal includes the following:
o Demolition of the two existing structures on the site;
o Construction of a five (5) bay self-service carwash facility;
o Construction of a 225 sq.ft. related office building;
o Installation of four (4) self-service vacuum lanes;
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 2
o Installation of six (6) parking spaces (four spaces to be located along the west side
of the property and two (2) spaces along the east side of the property);
o Installation of associated landscaping, walkways and refuse container area; and,
o Conveyance of 20' of right-of-way along the south portion of the property to provide
a street connection between Federal Highway and Dixie Highway, per the North
Federal Highway Redevelopment Plan.
The hours of operation will be 6:00 a.m. to 10:00 p.m., Sunday through Saturday. The
facility will not be attended with the exception of when the owners are at the facility to
collect money (one to two hours per day) and no interior or exterior detailing services
are to be provided.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the land Development
Regulations, prior to 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 that has the authority to approve or deny the
development application. These findings relate to consistency with 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 zone
district and the zoning district must be consistent with the land use designation.
The subject property has General Commercial (GC) Future Land Use Map and Zoning
District Map designations. The proposal is to establish a self-service car wash facility,
which is allowed as a conditional use in the GC zoning district [ref. LOR Section
4.4.9(0)(14 )]. Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
To date no water and sewer plans have been submitted, however, the following is
noted:
0 Water service can be accommodated via a service lateral connection to the
existing 8" water main along Old Dixie Highway. A fire hydrant exists
immediately southwest of the property along the east side of Old Dixie Highway
therefore adequate fire suppression is provided.
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 3
0 Sewer service is available via a service lateral connection to the existing 6" main
along Old Dixie Highway.
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.
Drainaae:
Paving and drainage plans are not required for the conditional use analysis. Drainage
can be accommodated via sheet flow into sodded swale areas andlor an exfiltration
trench system. If the conditional use request is approved, a paving and drainage plan
must be provided with submittal of the site plan, and positive findings with respect to this
level of service standard must be made at that time.
Traffic:
With the associated conditional use request, a traffic impact study has not been
submitted. However, the applicant has indicated that this portion of N. Federal Highway
is currently operating at Level of Service "0". Therefore, there are no problems
anticipated with respect to traffic concurrency. Attached as a condition of approval is
that a traffic study be submitted which must comply with the Palm Beach County Traffic
Performance Standards Ordinance.
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:
The proposal calls for a 2,000 sq.ft. car wash facility, which will generate 9.2 tons [2,000
sq.ft. x 9.2 pounds/sq.ft/year = 18,40012000 = 9.2 tons] of solid waste per year. The
trash generated by this proposal can be accommodated by existing facilities, therefore,
a positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance 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 Objective and Policy were found.
Future Land Use Element Obiective A-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 4
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property was developed as a commercial use (currently vacant), and the primary
uses have been offices and a tool repair shop. Few changes to the site have been
made over the years. The proposal calls for the demolition of the site for redevelopment
as a self-service car wash. There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed car wash.
The development will be complimentary with the surrounding commercial
developments. While the use as a car wash is not identified as a remaining land use
need, it does provide a service to motorists as well as residents in the surrounding area.
Additionally, the only other self-service car wash facility of this kind existing within the
City limits (The Grove Carwash located at the northeast corner of Pineapple Grove Way
and NE 2nd Street) is currently owned and operated by the applicant. -This conditional
use request is to relocate the car wash facility to the subject property.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The development proposal includes redeveloping the property to accommodate a self-
service carwash facility. The sketch plan indicates that trees will be planted 25' on
center along with a 4' high hedge along the west side of the property adjacent to the
Dixie Highway right-of-way. There is a concern noted with the potential noise from the
vacuums with the residential uses located to the west (beyond the Dixie Highway and
FEC rights-of-way) during the evening hours. While the train noise is much greater
than the vacuums it occurs occasionally. In order to mitigate any potential impacts it is
recommended that the vacuums be insulated to reduce noise. Compatibility with
respect to buffering will be addressed in more detail with the submittal of the site plan.
Transportation Element Obiective A-2 (Policy A-2.2) - Commensurate with
approval of development plans, provisions shall be made for dedication of land
for the ultimate right-of-way of adjacent streets. Such dedication shall also
include sufficient right-of-way for expansion of intersections pursuant to the
Palm Beach County Thoroughfare Right-of-Way Identification Map.
Federal Highway
Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the
ultimate right-of-way for North Federal Highway is 120' and currently only 100' of right-
of-way exists. Thus, the east ten feet of the subject property must be dedicated for
North Federal Highway right-of-way with the balance to be obtained with redevelopment
of the property on the east side of North Federal Highway corridor. The conditional use
sketch plan depicts the dedication of the ten feet of right-of-way; however a right-of-way
deed dedicating the ten feet of right-of-way must be provided and accepted by the City
------
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 5
Commission via are-plat ot the property. This item has been attached as a condition ot
approval.
Dixie Highway
Currently the Dixie Highway right-ot-way trom Gult Stream Boulevard, south to the north
line ot parcel 707 (H & H Carpet Site) measures 80 teet in width. The ultimate required
right-ot-way width tor Dixie Highway was 80'. In 1992, the County remanded
maintenance responsibility tor the road to the City and the City reduced the required
right-ot-way to 60'.
Presently, 80' ot right-ot-way exists along the subject property. The proposal includes
abandonment ot the east 20' ot Dixie Highway right-ot-way. Attached as a condition ot
approval is that an abandonment application must be processed and accepted by the
City Commission.
Future Land Use Element Policy C-1.4:
The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west, the easterly boundary of the CRA to the east,
George Bush Boulevard to the south, and the north City limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and
"Revitalization" on the Residential Neighborhood Categorization Map contained
in the Housing Element. Many of the remaining parcels in the area are currently
vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified
as a blighted area. The North Federal Redevelopment Plan was approved by City
Commission on March 16, 1999. The Plan identified the need for limited
rezonings and LOR amendments, along with improvements necessary to
accomplish certain redevelopment goals. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
North Federal Highway Redevelopment Plan:
The North Federal Highway Redevelopment Plan is the guide by which the North
Federal Highway Corridor is to be revitalized. Development proposals including LOR
text amendments must be consistent with this Plan. As noted in the background section
of this report, the North Federal Highway Redevelopment Plan was approved as part of
a community involvement process known as a "charrette. S1 The Redevelopment Plan
addresses the following issues:
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 6
~ Improvement of the appearance of the area;
~ Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC
railroad tracks;
~ Identification of and strategies for the elimination of inappropriate and marginal
uses;
~ Provision for increases in permitted residential densities adjacent to the Intracoastal
Waterway;
~ Directing smaller business operations to more concentrated areas;
~ Providing economic stimulation and investment in the area;
~ Creation of jobs;
~ Stabilization and preservation of residential neighborhoods through new
development, redevelopment and the elimination of blight.
The proposed self-service carwash is a low generator of jobs. A typical self-service
carwash will not have any employees. As noted previously, carwash facilities are
permitted as a conditional use within the North Federal Highway Overlay District. The
identification of appropriate uses along Dixie Highway and Federal Highway were
addressed as part of the North Federal Highway Redevelopment Plan.
While the proposed use is not identified as a remaining land use need, it does provide a
service to motorists and residents in the surrounding area. Additionally, the proposed
use may stimulate commerce to other businesses in the area, thus improving economic
relationship with other businesses along North Federal Highway. Therefore, the
proposed use will provide economic stimulation and investment to the North Federal
Highway area.
Market Demand Analysis:
The Community Redevelopment Agency and the City of Delray Beach Planning and
Zoning Department envision the redevelopment of the North Federal Highway to include
a mix of uses, particularly retail, office, office-light industrial, and residential.
Consequently, the Agency commissioned a market demand analysis for retail and office
uses for the purpose of quantifying the long-term demand. The market demand
analysis indicated that the North Federal Highway corridor could absorb an additional
245,000 square feet of retail and 250,000 sq. ft. of office and industrial space over a 15-
year period.
As noted previously, the North Federal Highway Corridor has experienced
redevelopment since the adoption of the Redevelopment Plan. The North Federal
Highway Corridor contains a significant supply of available land that can be redeveloped
as retail, office and light industrial. The proposed use is a specialty type use and does
not specifically fit into the categories listed above. However, the proposal does allow for
the redevelopment of an abandoned use and will draw customers to the North Federal
Highway area which will help other businesses along the corridor.
Federal Highway Overlay District:
The overlay district was approved to allow a mixture of light industrial and more
traditional commercial uses to stimulate redevelopment of this area. The
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 7
Redevelopment plan indicates that businesses providing goods and services to the local
neighborhood market as well as a larger community market are appropriate in the area.
Within the overlay district all uses permitted in the GC zoning district are permitted
within the overlay district.
The proposed car wash facility is permitted as a conditional use. However, there are
concerns with the design of the car wash building as it is designed to have a flat roof
with five (5) large drive-thru openings which is somewhat industrial in design. The
sketch plan indicates that the 225 sq. ft. office building has a pitched standing seam
metal roof. The Redevelopment Plan indicates that the structures in the overlay area
must maintain a commercial appearance, regardless of use. In order to reduce the
plain industrial appearance of the car wash facility and to allow for consistency between
the two structures it is appropriate to require that a pitched standing seam metal roof be
added onto the car wash building. Further, extensive landscaping in excess of the
landscape code requirements should be provided along the south perimeter of the
property, to screen the drive-thru openings which will face a new public street. These
items are attached as conditions of approval and are to be addressed in further detail
with the site plan review process.
New Connections to Dixie Highway:
The North Federal Highway Redevelopment Plan recommends that at least two
additional roadway connections be constructed between Dixie Highway and North
Federal Highway, north of NE 14th Street. This will create more manageable block
lengths and improve circulation between the two roadways. Funding for right-of-way
acquisition and roadway construction is to be the responsibility of the City.
The south 20' of the subject property is being conveyed as right-of-way for the
construction of a new road. The CRA is acquiring a portion of the property to the south,
30' which will also be dedicated for a future public roadway. The City will construct the
new road which will provide a connection between Dixie Highway and North Federal
Highway, which is a recommendation of the North Federal Highway Redevelopment
Plan and is needed for the continued revitalization and redevelopment along the North
Federal Highway corridor.
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 Federal Highway corridor is comprised predominately of commercial uses. The
surrounding land uses are Borton Volkswagen Auto Dealership to the east; Atlantic High
School and single and multiple family residential to the west; vacant property to the
P & Z Board Staff Report
Weatherspoon Car Wash - Conoltional Use Request for the Establishment of a Wash Facility
Page 8
south; and, a vacant single family residence and Top Line Auto Sales to the north. The
proposed car wash establishment will not have an adverse effect on the commercial
properties to the north, south or east. As previously discussed, potential conflict with
the adjacent residential uses to the west is a concern as there will be some noise
associated with the outdoor component of the vacuum aspect of the business. The
property is separated from the adjacent residential properties by the Dixie Highway and
the FEe rights-of-way and the site has been designed with parking along the west side
of the property. Trees every 25' are proposed along the west property line with a 4' high
hedge. It is recommended that the vacuums be provided with sound proofing insulation
to mitigate any potential impacts relating to noise. There are no concerns with regard to
the hours of operation (6:00 a.m. - 10:00 p.m.) if the sound proofing is installed. Given
the above, the abutting single residential uses should be adequately buffered.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to lOR Section 2.4.5(E)(4) a site plan
submittal complying with the land Development Regulations will be required
which addresses the concerns noted below.
Front Buildina Setbacks:
Pursuant to LOR Section 4.4.9(F)(3)(a) and the North Federal Highway Redevelopment
Plan, parcels shall have a minimum front building setback of 5' from the ultimate right-
of-way and a maximum setback of 15' from Federal Highway.
The proposed conditional use includes a 5' setback from the ultimate right-of-way along
North Federal Highway, which is consistent with the redevelopment plan. The self
service car wash facility will contain five (5) wash bays and four (4) vacuum lanes. A
225 sq. ft. office building is proposed on the east side of the property and will be
setback 5' from the ultimate Federal Highway right-of-way. Two (2) parking spaces are
to be located in the front of the property adjacent to the office building and four (4)
spaces to the rear (west side) of the car wash and vacuum facilities. The two spaces
proposed in the front of the property will need to be relocated out of the required 10'
special landscape setback area. This can be addressed in further detail with review of
the site plan application.
Special landscape Setback:
Pursuant to LOR Section 4.3.4(H)(6)(b)(2), a 10' special landscape setback is required
along Federal Highway. Within this special landscape area, no structure or paving
(except for driveways and sidewalks that are perpendicular to the property line) is
allowed. The special landscape area shall not be required between the front building
edge and the ultimate right-ot-way where storefronts face the roadway and no parking
or vehicular circulation areas are provided between the building and the right-of-way.
However, the body acting upon the development application may require that foundation
plantings, street trees or other landscape features be installed in front of the building to
add interest and provide relief from the building mass.
P & Z Board Staff Report
Weatherspoon Car Wash - Conanional Use Request for the Establishment of a Wash Facility
Page 9
The proposed development has provided a 5' building setback to the ultimate right-of-
way and a 5 landscape setback (after the 10' right-of-way dedication for Federal
Highway) in the area of the parking spaces. Thus, two proposed parking spaces will
encroach 5' into the required 10' landscape setback area. Attached as a condition of
approval is that these two spaces be set back 5' to the west or relocated to another area
of the property. Another option would be to provide covered or enclosed parking and
extend the building fayade and roof line to provide the appearance of a continuous
building adjacent to Federal Highway.
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North Federal Highway Redevelopment Plan:
. 'Pursuant to the North Federal Highway Redevelopment Plan, a ten foot landscape
buffer is required along Dixie Highway when buildings face North Federal Highway to
screen rear loading and service areas. A landscape area which is more than 20' wide
has been provided along Dixie Highway. However the proposed landscaping must be
installed on the interior edge of the landscape area. There is however, a proposed
encroachment into this required landscape buffer: the refuse container area at the south
corner of the property. Attached as a condition of approval, is that the refuse container
enclosure be moved 3' to the east. Outside of these existing encroachments, the
required landscape buffer has been provided. Thus positive findings with respect to the
North Federal Highway Redevelopment Plan can be made.
Billboard Sign:
There is a large billboard sign which exists at the southeast corner of the property. This
sign existed prior to the property being annexed into the City in 1989. The billboard will
be within the new east/west road right-of-way adjacent to the south side of the property.
It is noted that the lease agreement between the property owner and the owner of the
billboard sign has approximately four (4) years until the lease can be terminated. If the
billboard sign was to be removed prior to the leasing term, then the remaining time left
on the lease of the billboard sign would need to be "bought out". The cost to do so is
exorbitant. Rather than removal at this time it is recommended that the lease
agreement not be renewed. Attached as a condition of approval is that when the
billboard signs' lease expires that it is not renewed and the sign is to be removed. In
the meanwhile the road can be installed in the right-of-way located to avoid conflicts
with the sign.
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The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community Redevelopment Aaency
The CRA reviewed the Conditional Use request at its meeting of May 9, 2003, and
unanimously recommended approval of the conditional use. One Board member did
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 10
express concern that the hours of operation (to 10:00 p.m.) would impact the residential
properties across the railroad to the west.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a Class V site plan will need to be processed for
the proposed improvements. Final action on the site plan submittal will rest with the
SPRAB (Site Plan Review and Appearance Board). The site plan must address the
concerns raised through the conditional use petition.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
o Progressive Residents of Delray
o Presidents Council
o Kokomo Key
o La Hacienda
o Seacrest
o North Palm Trail
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting,
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The proposal is to establish a self-service car wash facility for Weatherspoon Car
Wash. There is some concern regarding the elevations, site layout and potential noise
generated by the car wash facility, However, mitigation for these items have been
identified as conditions of approval and can be addressed in further detail with the
review of the Class V site plan application. The proposed use is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Positive findings can be made with respect to the North Federal Highway
Redevelopment Plan and Section 2.4.5(E)(5) regarding compatibility once all the items
of concerns have been addressed.
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1. Continue with direction.
2. Recommend to the City Commission approval of the conditional use request to
establish a self-service car wash facility for Weatherspoon Car Wash, based
upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations,
the North Federal Highway Redevelopment Plan and the policies of the
Comprehensive Plan subject to conditions.
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 11
3. Recommend to the City Commission denial of the conditional use request to
establish self-service car wash facility for Weatherspoon Car Wash, based upon
a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional
Use Findings) of the Land Development Regulations, that the proposed use will
hinder development or redevelopment of nearby properties and the North
Federal Highway Redevelopment Plan.
I RECOMMENDED ACTION I
Recommend to the City Commission approval of the conditional use request to
establish self-service car wash facility to be known as Weatherspoon Car Wash,
based upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, the
North Federal Highway Redevelopment Plan and the policies of the Comprehensive
Plan subject to the following conditions:
1. That a Class V site plan be processed that is in general conformance with the sketch
plan and addresses the items of concerns listed herein;
2. That a traffic study be submitted which must comply with the Palm Beach County
Traffic Performance Standards Ordinance.
3. That the vacuum cleaners be provided with sound proofing.
4. That a 10' right-of-way dedication be provided along the east property line for
Federal Highway.
5. That an abandonment application be submitted for the 20' section of property along
the west property line for Dixie Highway.
6. That extensive landscaping in excess of the landscape code requirements be
provided along the south perimeter of the property, to screen the drive-thru openings
which will face a new public street.
7. That the two spaces proposed in the front of the property be relocated out of the
required 10' special landscape setback area or that the spaces be enclosed and
building fac;ade and roof line be continued.
8. That the refuse container enclosure be moved 3' to the east.
9. That a pitched standing seam metal roof be added onto the car wash building.
10. That when the billboard sign's lease expires that it is not renewed and that the sign
is to be removed.
Attachments:
CJ Sketch Plan and Location Map
Report prepared by: Michelle Hovland. Senior Planner
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf1v1
SUBJECT: AGENDA ITEM ~.B. - REGULAR MEETING OF NOVEMBER 16. 2004
CONTRACT AWARD TO CHAZ EOUIPMENT COMPANY. INC.
DATE: NOVEMBER 12, 2004
This is before the City Commission to consider approval of a contract award to third lowest bidder,
Chaz Equipment Company, Inc., in the amount of $1,730,052.50 for construction of the Area One
Reclaimed Water Transmission System,
MEF Construction, Inc, was the apparent low bidder; however, critical information with regards to
experience and qualifications was omitted from their bid, The second low bidder, Cornerstone
Business, Inc. failed to acknowledge receipt of Addendum No, 2 dated October 27, 2004 which
referenced the correction of the extended price of bid item number 34 and the use of a specific type
of fitting,
The third lowest bidder, Chaz Equipment Company, Inc" had a mathematical error in their bid
which when recalculated increased their bid by $5,000.00 and moved them to the third lowest bidder
with a total bid of $1,730,052.50, Based on the first two bids declared as non-responsive, Chaz
Equipment Company, Inc, is considered the lowest responsive bidder,
Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission
System).
Recommend approval of the contract award in the amount of $1,730,052.50, to Chaz Equipment
Company, Inc. construction of the Area One Reclaimed Water Transmission System,
S,\c.ty C1erk\agendamemos\Chaz Eqwpment Company T1urd-lowest Bidder 1116 04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T, Harden
City Manager
FROM: C. Danvers Beatty, P.~~
Deputy Director of Pub ' tl 1 s
DATE: November 9, 2004
SUBJECT: Area One Reclaimed Water System
Project Number 2004-020
Attached is an Agenda Request, Engineering Evaluation Letter, Location Map and Tabulation of
Bids opened on October 28, 2004 for construction of the subject project. This project will
complete the first phase of the Area One Reclaimed Water Transmission System. As you may
recall portions of this system were previously constructed at the Municipal Golf Course and
adjacent to the new Atlantic High School. Upon completion of this project reclaimed water will
be available for use at the new High School and Delray Municipal Golf Course.
MEF Construction, Inc, was the apparent low bidder however, as outlined in the evaluation letter
from Mathews Engineering, critical information with regards to experience and qualifications was
omitted from their bid. More specifically, in the proposal section of the bid there is a
questionnaire (pages P-14 and P-15) which request information from the bidder with respect to
experience, qualification, equipment, sub-contractors and their evaluation of the proposed work. It
is stated on page P-12 that "failure to comply with this requirement will render bid non-
responsive. " MEF Construction, Inc. failed to provide the questionnaire which is not in
compliance with the bid documents thus rendering their bid non-responsive,
The second low bidder, Cornerstone Business, Inc, failed to acknowledge receipt of Addendum
No.2 dated October 27, 2004. This Addendum referenced the correction of the extended price of
bid item number 34 (Undefined Underground Allowance) and the use of a specific type of fitting.
Cornerstone Business, Inc, corrected the extension of bid item 34 by hand but on page P-I failed to
acknowledge Addendum No, 2, There is a significant cost difference associated with the use of
the specified fittings which are included in the unit price of the pipe. The unit price for 30" D.I.P,
submitted by Cornerstone Business, Inc. is significantly lower than the mean bid value for this
item, which confirms their failure to acknowledge Addendum No.2, Furthermore, their responses
to the questionnaire are vague with respect to how they intend to complete the project. They have
admitted that they have not inspected the proposed work and that key subcontractors are
undetermined at this time. Similar omissions have occurred on past projects and the bid was
S.\EngAdmm\Projects\2004\2004-020\OFFICIAL \agenda memo. doc
considered non-responsive, As a result of these omissions the bid submitted by Cornerstone
Business, Inc, is considered non-responsive,
The third lowest bidder, Chaz Equipment Company, Inc. had a mathematical error in their bid
which when recalculated increased their bid by $5000.00 and moved them to the third lowest
bidder with a total bid of $1,730,052.50, Based on the first two bids having been declared non-
responsive the firm of Chaz Equipment Company, Inc, is therefore considered the lowest
responsive bidder with a total base bid proposal of$1,730,052.50,
Based on their proposal and satisfactory performance of past work in the city, we are
recommending award of the project to Chaz Equipment Company, Inc, in the total amount of
$1,730,052.50. The funding for this project is available in Account No. 441-5181-536-65.96,
Reclaimed Water Transmission System.
Please place this item on the November 16,2004 Agenda for consideration by City Commission,
cc: Richard C. Hasko, P .E" Director of Environmental Services
Rafael Ballestero, Deputy Director of Construction
City Clerk
Project File
Agenda File
S \EngAdmm\ProJects\2004\2004-020\OFFICIAL\agenda memo,doc
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m (~iit\ CITY of DELRA Y BEACH AREA 1 DATE:l1-09-0
\.~e) ENVIFIOt\tAENTAl SERVICES DEPAFmAENT RECLAIMED WATER SYSTEM
~ .. 8CIUTH 8WM'CIN AWHlE, CB.RAY BEAai, A.CIlDA...... 2004-020 1 OF 1
~ MATHEWS
CO~~~!~S{ng~~~
November 8, 2004
Mr. Dan Beatty, P.E.
Deputy Duector of PublIc UtilItles
City of Delray Beach
434 S. Swinton Avenue
De1ray Beach, FL 33444
City of De/ray Beach-Project No. 2004-020
Area 1 Reclaimed Water System
Bid Re!~u/ts(Bid # 2004-48)
Dear Mr, Beatty:
On Thursday, October 28,2004, at 2:00 PM, bids were receIved by the City of De1ray Beach for the Area
1 ReclaImed Water System Project. Ten (10) bids were received as follows:
Name of Bidder Amount of Bid
1. MEF Constructlon, Inc. $1,312,100.00
2, Cornerstone Business, Inc. $1,729,027.50
3. Chaz EqUIpment Co., Inc. $1,730,052.50
4. Intercounty Engineermg, Inc. $1,744,391.00
5. Danella Companies, Inc $1,756,588.00
6. RIc-Man International, Inc. $1.815,105.00
7. B&B Underground ConstructIOn, Inc. $1,821,200.00
8. Man Con Incorporated $1,828,730.50
9, Mora Engmeenng Contractors, Inc. $1,946,457.00
10. Johnson DaVIS, Inc. $2,075,585,00
We have reVIewed the bId proposals submitted by each of the contractors and have found one (1)
mathematICal error of consequence. Chaz Equipment Co. wrote m $1,725,052.50 on Page P 3.5 of the
Schedule of BId Pnces, but theIr extended total pnces actually added up to $1,730,052.50, We also found
mIstakes m the apparent low bidder (MEF ConstructIOn, Inc.) proposal, as well as m the second low
bidder (Cornerstone Busmess, Inc,) proposal. The followmg summarizes our findmgs for the first three
(3) low bIdders:
MEF Construction. Inc.
. Acknowledged Addendum No.1
. Acknowledged Addendum No.2
. Provided BId Bond (5%)
. Schedule of Bid PrIces was filled out correctly.
. Did not provide P-14 and P-15 of Questionnaire. MC cannot evaluate qualifications of MEF
Construction, Inc. without this information,
. ThIS company has not proVIded underground mfrastructure utility work preVIOusly for the CIty of
Delray Beach.
Mathews Consultlnf?, Inc . 1475 Centrepark Boulevard. Suite 250 . West Palm Beach, FL 33401 . 561-478-7961 . Fax 561-478-7964
~ MATHEWS
CONSULTING INe
Mr. Dan Beatty
November 8, 2004
Page 2 of2
Cornerstone Business. Inc.
. Acknowledged Addendum No. 1
. Did not Acknowledge Addendum No.2
. ProvIded BId Bond (5%)
. Schedule of BId Pnces was filled out correctly.
. ProVlded P-14 and P-15 of QuestIOnnaIre. ProvIded project list that shows they have completed thIS
type of utllity work in the past.
. ThIS company has prOVIded underground infrastructure work prevIOusly for the CIty of Delray Beach,
Chaz Equipment Co.. Inc.
. Acknowledged Addendum No. 1
. Acknowledged Addendum No.2
. PrOVIded BId Bond (5%)
. Schedule of Bid Prices was not filled out correctly.
. PrOVIded P-14 and P-15 of QuestionnaIre. Provided project hst that shows they have completed this
type of utthty work m the past.
. ThIS company has provided underground infrastructure work previously for the CIty of Delray Beach.
Attached please find a bid tabulatIOn for your reference.
If you have any questions regardmg the information presented above, please contact me at 561-478-7961.
Sincerely,
MATHEWS CONSULTING, INC.
(Qicf~
DaVId L. Mathews, P.E.
V Ice PreSIdent
cc: Rene Mathews, MC
MC Ftle No, 1222
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tl o.
I INFORMATION REQUIRED OF BIDDER
I BIDDER'S GENERAL INFORMATION:
Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non.
I responsive and may cause its rejection. Additional sheets shall be attached as required.
(1) CONTRACTOR'S name and address:
,
I (2) CONTRACTOR'S telephone number:
(3) Number of years as a CONTRACTOR in this type of work:
I (4) Names and titles of all officers of CONTRACTOR'S firm:
.
..... -
I ::-.: -
'-
,
'- - ----
(5) Name, address, and telephone number of surety company and agent who will provide the required
I bonds on this contract:
I
(6) Princioal Materials Manufactures and Subcontractors. This proposal is being submitted by the
I hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the
Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated
using basic material prices. The following is a list of material manufactures and subcontractors
whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a
U CONTRACT for the work specified herein and shown on the Plans, It is understood that the following
list is not complete but includes the names of manufactures of the principal components and
- subcontractors supplying principal services to said project. It is also understood that if awarded a
Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of
I the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to
substitute materials or subcontractors he shall request permission in writing from the City stating fully
the reason for making such a request prior to ordering same. -
,
8 All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of
the Contract Documents and agree that their materials will meet all of the requirements stated therein and that
deliveries will be scheduled so as not to impede the progress of the work.
-
P-12 ~C\\~
~
, ..
I
QUESTIONNAIRE
I The undersigned guarantees the truth and accuracy of all statements and answers herein contained.
I 1. How many years has your organization been in business In the State of Florida as a Contractor?
I 2. What ia the last project of this nature that you have completed?
~ 3. Have you ever failed to complete work awarded to you: If so where and why?
~ 4. Name three indMduals or corporations for which you have performed work and to which you refer?
~ . . i
..
-
~ 5. Ust the foUowing information concerning an contracts on hand as of the date of submission of this
~ proposal. (In case of co-venture, list the Information of an co-venturers).
---- ~ ..: , ~ '.
- TOTAL CONTRACTED %OF . "-" - -.~ ': i" ~ ~ "'
NAME OF CONTRACT DATE/OF COMPLETION .~
'- ,
~ PROJECT OWNER VALUE COMPLETION TO DATE
, .r
.
~ (Continue list on Insert sheet, If needed)
, 6. Have you personally inspected the proposed work and have you a complete plan for its performance?
.
;)
- 7. Will you sublet any part of this work? If so, give details.
-
1 8. What equipment do you own that is available for the work?
(Attach additional sheets as necessary)
-
P-14
I
..
9. What equipment will you purchase for the proposed work?
10. What equipment will you rent for the proposed work?
State the true, exact. correct and complete name of the partnership, corporation or trade name under which
you do business and the address of the place of business. (If a corporation. state the name of the President
and Secretary. If a partnership. state the names of all partners. If a trade name. state the names of the
business under the trade name. It Is- absolutely necessary that this infonnation be furnished).
.. Correct Name of Bidder
a) The business is a (Sole Proprietorship) (Partnership) (Corporation)
b) The address of principal place of business is
c) The names of the corporate officers or partners, or Individuals doing business under a trade name, is
a~ follows:
.
----- -
Signature of Bidder
By:
Print Name:
. Business Address:
Incorporated under the laws of the State of .
.
P-lS
, ! ,.
6.0.3 The CITY is entiUed to withhold amounts due CONTRACTOR for any defective or
non-conforming work or for liquidated damages,
I 6.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
I
paragraph 15.13 of the General Conditions, the CITY shall pay the remainder of the Contract
I Price as recommended by CONSULTANT as provided in said paragraph 15,13.
ArtIcle 7. SUBCONTRACTS.
I No more than 40% of dollar value of the total contract work may be accomplished by subcontractors. Balance
of work must be accomplished by selected CONTRACTOR'S own forces,
j ArtIcle 8. CONTRACTOR'S REPRESENTATIONS.
In order to induce the CITY to enter into this Agreement CONTRACTOR makes the following representations:
t 8.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any manner
may affect cost. progress, performance or furnishing of the Work.
j 8.2 CONTRACTOR has obtained at hislher own expense and carefully studied, or assumes
responsibility for obtaining and carefully studying, soil investigations, explorations, and test
t reports which pertain to the subsurface conditions at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the Contract Price,
within the Contract Price, within the Contract Time and in accordance with the other terms
I and conditions of the Contract Documents , including specifically the provisions of paragraph
4.2 of the General Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required by CONTRACTOR
I for such purposes,
8.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to
J the site and assumes responsibility for the accurate location of said Underground Facilities.
No additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be required by
I CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions
J 8,4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents,
I 8,5 CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
I thereof by CONSULTANT is acceptable to CONTRACTOR.
Article 9. NO DAMAGES FOR DELAY.
I 9,1 All time in the Contract Documents is calculated on a consecutive calendar day
basis.
I
A-3
I
---
AGENDA REOUEST
No. Agenda Item ~ ~
Request to be placed on:
~ Regular Agenda Date: November 9.2004
_ Special Agenda
_ Workshop Agenda When: November 16. 2004
Description of item (who, what, where, how much): Staff requests Commission Approval of a BId award
to Chaz EqUIpment Company. Inc. for construction of the area one reclaImed water transmIssIOn system.
Portions of this system were previously constructed at the MUnIcIPal Golf Course and adlacent to the
new AtlantIC HIgh School. Upon completIOn of this prOlect reclaimed water WIll be avaIlable for use at
the new HIgh School and Delray MunicIpal Golf Course. Total contract amount wIll be $1.730,052.50
wIth funding from Account # 441-5181-536-65.96, ReclaImed Water TransmIssion System.
ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reco Inc.
Department head sIgnature:
Determination of Consistency wIth ComprehensIVe Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget DIrector ReVIew (reqUIred on all items invo~n.! ~diture of funds):
Funding available: @/NO Y.II1J~ t. ~
Fundmg alternatives . . ff!1;1;ti ~~t ' (if applicable)
Account No. & Descnpnon ~ ~;. ~ I.;Xt.-lR...) ~m.
Account Balance./l I i:9 9q '/1 fj . 4_3)
IJ I
City Manager Review: ~
Approved for agenda: 0 i1t1
Hold Unnl: /
Agenda Coordinator Review:
Received:
Placed on Agenda:
ActIOn:
ApprovedlDisapproved
S IEngAdnunlProjects\2004\2004-020\OFFICIALlAgendaReq doc
From James S Titcomb 5613556545 To City Manager David Harden Date 11/5/2004 Time 1232'36 PM Page 1 of 1
-1----' ~
I" Palm Beach County
=. LEAGUE of CITIES, Inc~
Rt:C""" .-~T
MEMORANDUM -: -"r::.!-f,,::U
r'! :-: - 2004
To: City Managers and Elected Officials "''J(' -- V ~v...,
., .; .,<' 'f, ". r. ..... ,,,-. '.
,," J i.iP\d;-\f .,j~-' '
From: Jamie Titcomb, Executive Director
Date: November 5,2004
Re: Host Cities for General Membership Meetings in 2005
The Palm Beach County League of Cities would like to thank. all the host cities for their generosity
in hosting the general membership meetings this year. Your continued support and hard work is vital
to the success ofthe League's mission to be a strong advocate for municipal issues.
As in the past, we are asking for your assistance in making next year's general membership meetings
successful. We would like to give all of our cities the opportunity to host the meetings and share
their successes with the League's general membership.
If your city would like to host a League meeting, please choose a meeting date from the following
dates and notify our office in writing as soon as possible:
January 26
February 23
March 23
April 27
June 22
July 27 (Associate Showcase)
August 24
September 28
October 26
November 23
Once again, thank. you for your ongoing support! If you have any questions, please do not hesitate to
call our office at 355-4484.
IT / cv
www.leagueofcltles org
(561) 355-4484' (Fax) 355-6545
POBox 1989, Gov Center, West Palm Beach, FL 33402
Office Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401
<\c.
--~-
, ~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 200 l'W 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
DELRA Y BEACH MEMORANDUM
f L 0 I I D A
.......
Al-AmerIca City DATE: November 11, 2004
~ 1I'l,
TO: City Commission
David T, Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution Nos. 84-04, 85-04 and 86-04
Acquisition of Property for Expansion of Bexley Park
The three resolutions authorize the acquisition by gift, purchase or eminent
domain of the three properties adjacent to the Bexley Park site. The appraisals
have been updated and the appraised value of all properties is $3,800.000.00
without valuing the trees on the Willis property.
Resolution 84-04 pertains to a 3.18 acre parcel owned by Maureen Churchill.
Resolution 85-04 pertains to the 5 acre property owned by Joyce Willis.
Resolution 86-04 pertains to the 3.03 acre parcel owned by Bill and Lou
Malkemes.
All three property owners have been contacted and are aware of the City's efforts
to acquire the properties and have been notified the resolutions would be put on
the agenda for Tuesday. Our office is attempting to negotiate the purchases and
will present contracts to you for approval if and when they are finalized. At thiS
point, however, passage of these resolutions will assist us in formally commencing
the requirements needed for the acquisitions.
It should be noted that a fourth property (3140) is currently for sale. The property is
one acre, has a house on it with 5,330 square feet under air and is listed for
$695,000.00. This fourth property is not included in the resolutions.
By copy to David Harden, City Manager, please place all three resolutions on the
City Commission regular agenda for Tuesday, November 16, 2004.
~
SAR:smk
Attachments
cc: Chevelle Nubin, Acting City Clerk ~D
RESOLUTION NO. 84-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERT AIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A
CITY P ARK/RECREATION/COMMUNITY CENTER AND
OPEN SP ACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Flonda
Statutes, and Sections 166.401 and 166.411, Florida Statutes, to exercise its right and power of
eminent domain to acquire lands for public buildings, public parks, squares, grounds and
recreational facilities; and
WHEREAS, the City Commission has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/recreation/community
center and open space facilities for the residents of the City of Delray Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the City
of Delray Beach authorizing the issuance of general obligation bonds to finance land acquisitIon.
construction and equipping of up to three new neighborhood parks, a recreation/community
center and a soccer complex in the City of Delray Beach; and
WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within
the City for the purpose of identifying property appropriate for acquisition for said pubhc
purposes; and
WHEREAS, the City has identified the hereinafter described property as necessary to
create a public park/recreation/commumty center and open space facility and hereby authOrIzes
the acquisitlOn of fee simple title to said lands by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section 1: The City Commission adopts and ratifies those matters set forth in the
foregoing recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A" for the public purpose of creating additIOnal public park!
recreation/community center and open space areas for use by residents of the City of Delray
Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of Vance, Doney & MacGibbon, P,A.
and other legal counsel, appraisers, and experts in other disciplines, as necessary, for the City of
Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare m the
name of the City of Delray Beach all papers, pleadings and other instruments required for the
purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to
Chapter 73 and 74, Florida Statutes.
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of ,2004.
CITY OF DELRA Y BEACH, FLORIDA
MAYOR
Attest:
City Clerk
2 RES. NO, 84-04
Parcel 1 - Churchill Property
The East 221.59 feet of the Southwest Quarter (SW ~)
of the Southeast Quarter (SE ~) of the Northwest
Quarter (NW ~) of Section 12, Township 46 South,
Range 42 East, of Palm Beach County, Florida, less the
South 40 feet thereof for Lake Worth Drainage District
Right-of- Way.
EXHIBIT "A"
3 RES, NO. 84-04
-------- -~----
Page 1 of 1
~ C ftU 1<.. crt I t-L-
_ Gary R. Nikolits, CF A
_ Palm Beach County Property Appraiser
~ Property Mapping System
I ;---~-3~---"'-~~-'i t --------''---.--
~ I it M .. .' ;.-_~~_._._
1 ' '-~....- 14lO'-.. ~- $... . .~... ('.... 'wmr.,. Sf'arch Parcel De. tails
ql3& 'J.l r-~' . '0204 (otob J ! ! :
J;~ _ ~ . ---1 \-r::~Ll j Parcel Control Number
,--~ tr--, - , ....021. I .--- r40iif'- , ,
3.22.iI 302 Gin. ~~: 0fI00 ! > '''-''1 ~; ~ i ! 1 100424612000003200 Go
: 1 01;..;-) ~1---~lj;tt..~!O;.'D I, ~~~ ~I~.'r1 (eg.74434322120080010)
, t'-" ~ ~--~L..,"""j - -{ ~"'-1 ~ __~:~,.).
. \1 ~/4l~ ~ ~ l =. I ~.::V;.'J.-: rtreet Intersection I
: 0060 10,' ~f" >.,'{ \MlHlI_,,-__-LY"- I
-or ~ ,__~J -..-./ and
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, I i 3141 I ~~\ By City
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3,2.... -...1 '. __v.... . 3aO I ~ : 3142 ! R ;......,..'r
'!" ' " .,....-- ~!
! I ;-------.. ..-) a] ~ ~.lii~ ~Range, Township, Section,
j Iii .... 10li 'R r;53 T ["3S ["3
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Legend Palm Beach County Property Map
r--l P eI B d Map Scale 1 :5520
L--.J arc om ary
I 0120 I Lot nurrber
Copynght Palm Beach County 2003
All RIghts Reserved. Subject to a LIcense Agreemem.
Map produced on 11!1112004 from PAPA
http://gisweb.co,palm-beach,fl,us/ipapagis/presentationlmapping/printnew.asp?MAPURL.. . 11/1112004
RESOLUTION NO. 85-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A
CITY P ARK/RECREATION/COMMUNITY CENTER AND
OPEN SP ACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Florida
Statutes, and Sections 166.40 I and 166.411, Florida Statutes, to exercise its right and power of
eminent domain to acquire lands for public buildings, public parks, squares, grounds and
recreational facilities; and
WHEREAS, the City Commission has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/recreation/community
center and open space facilities for the residents of the City of Delray Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the City
of Delray Beach authorizing the issuance of general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a recreation/community
center and a soccer complex in the City of Delray Beach; and
WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within
the City for the purpose of identifying property appropriate for acquisition for said publIc
purposes; and
WHEREAS, the City has identified the hereinafter described property as necessary to
create a public park/recreation/community center and open space facility and hereby authonzes
the acquisition of fee SImple title to said lands by gift, purchase or eminent domain.
- ------- - ----- --------
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section 1: The City Commission adopts and ratifies those matters set forth in the
foregoing recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A" for the public purpose of creating additional public park!
recreation/community center and open space areas for use by residents of the CIty of Delray
Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to
proceed to take all necessary steps. including the hiring of Vance, Doney & MacGibbon, P.A.
and other legal counsel, appraisers, and experts in other disciplines, as necessary, for the City of
Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare in the
name of the City of Delray Beach all papers, pleadings and other instruments required for the
purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to
Chapter 73 and 74, Florida Statutes,
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of ,2004.
CITY OF DELRA Y BEACH, FLORIDA
MAYOR
Attest:
City Clerk
2 RES. NO. 85-04
Parcel 3 - Willis Property
The W est ~ of the Southeast 1;4 of the Southeast 1;4 of
the Northwest 1;4 of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida, and an
easement for road and utility purposes over the South 20
feet of the following described parcel: The Northeast 1;4
of the Southeast 1;4 of the Northwest 1;4 of Section 12,
Township 46 South, Range 42 East, Palm Beach
County, Florida.
EXHIBIT "A"
3 RES. NO. 85-04
Page 1 of 1
~ Wdl~s
,~~.\ Gary R. Nikolits, CF A
~~~~t::::; Palm Beach County Property Appraiser
'.. .rf'"
~ Property Mapping System
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All RIghts Reserved - Subject to a LIcense Agreement
Map produced on) II) )/2004 from PAPA
http://gisweb,co,palm-beach,f1.us/ipapagis/presentationlmapping/printnew,asp?MAPURL.. . 11/11/2004
RESOLUTION NO. 86-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A
CITY P ARK/RECREATION/COMMUNITY CENTER AND
OPEN SPACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Florida
Statutes, and Sections 166.401 and 166.411, Florida Statutes, to exerCIse its right and power of
eminent domain to acquire lands for public buildings, public parks, squares, grounds and
recreational facilities; and
WHEREAS, the City Commission has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/recreation/community
center and open space facilities for the residents of the City of Delray Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the City
of Delray Beach authorizing the issuance of general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a recreation/commumty
center and a soccer complex in the CIty of Delray Beach; and
WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within
the City for the purpose of identifying property appropriate for acquisition for said publtc
purposes; and
WHEREAS, the City has Identified the hereinafter described property as necessary to
create a public park/recreation/community center and open space facility and hereby authorizes
the acquisition of fee simple title to said lands by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section 1: The City Commission adopts and ratifies those matters set forth in the
foregoing recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A" for the public purpose of creating additional pubhc park!
recreation/community center and open space areas for use by residents of the City of Delray
Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of Vance, Doney & MacGibbon, P.A.
and other legal counsel, appraisers, and experts in other disciplines, as necessary, for the City of
Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare in the
name of the City of Delray Beach all papers, pleadings and other instruments required for the
purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to
Chapter 73 and 74, Florida Statutes,
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed,
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of ,2004.
CITY OF DELRA Y BEACH, FLORIDA
MAYOR
Attest:
City Clerk
2 RES, NO. 86-04
.
Parcel 2 - Malkemes Property
A parcel of land in the Southwest Quarter of the
Southeast Quarter of the Northwest Quarter of Section
12, Township 46 South, Range 42 East, of Palm Beach
County, Florida, being more particularly described as
follows; to wit
Commence at the Northeast comer of the said
Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of Section 12; thence Westerly,
along the North line thereof a distance of 221.59 feet to
the Point of Beginning of the parcel to be herein
described; thence continue Westerly, along the same
course a distance of 211.06 feet more or less; thence
Southerly, along a line of 232,08 feet as measured at
right angles, East of and parallel to the West line of said
Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of Section 12, a distance of 624.67
feet, more or less to a point in a line 40 feet North of
and parallel to the South line of the Northwest Quarter
of said Section 12; thence Easterly, along said parallel
line, a distance of 212.00 feet, more or less to a point in
the West line of the Easterly One-Third of the said
Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of Section 12; thence Northerly,
along said West line, a distance of 624,16 feet; more or
less, to the Point of Beginning aforementioned,
EXHIBIT" A"
3 RES, NO. 86-04
Page 1 of 1
fVI aJ K em~s
. Gary R. Nikolits, CF A
~IL,l Palm Beach County P:operty Appraiser
Property Mappmg System
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Copynght Palm Beach County 2003
All RIghts Reserved.. Subject to a LIcense Agreement
Map produced on 11i11!2004 from PAPA
http://gisweb,co.palm-beach,fl.us/ipapagis/presentationlmapping/printnew.asp?MAPURL, .. 11/11/2004
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER
SUBJECT: AGENDA ITEM # E. - REGULAR MEETING NOVEMBER 16 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: NOVEMBER 12, 2004
Attached is the Report of Appealable Land Use Items for the period November 1, 2004 through
November 12, 2004. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated, Mayor Perlman has stated that he
would like to appeal Item "D" regarding Intracoastal Park. Receive and file the balance of the report as
appropriate.
S'\Clty C1erk\agenda memos\apagmem.lt.t6.04
---
CITY COMMISSION DOCUMENTATION
TO: DAVID .
..
THRU: PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANNER (J/&~
SUBJECT: MEETING OF NOVEMBER 1 , 2004 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 1, 2004 THRU
NOVEMBER 12, 2004
I ACTION REQUESTED OF THE COMMISSION 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 November 1, 2004 through November 12, 2004.
I BACKGROUND I
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies.
In summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item,
I PLANNING AND ZONING BOARD I
No Regular Meeting of the Planning and Zoning Board was held during this period.
I SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 10,2004 I
A. Approved (4 to 0, Christina Morrison arrived late, Nancy Stewart and Dan Carter absent ), a
request for a color change for South Delray Shopping Center, located at the northeast
corner of South Federal Highway and Lindell Boulevard.
B. Approved with a condition (4 to 0), a request for a color change for Gazebo Depot, an
existing commercial building, located on the south side of West Atlantic Avenue, between
Congress Avenue and McNab Road.
C. Approved (4 to 0), the architectural elevation plans for House of Floors, located at the
southeast corner of SW 10th Street and SW 10th Avenue. The Board previously approved a
Class V site plan associated with the construction of an 18,248 sq. ft. industrial building,
D. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural
elevation plans associated with the development of a passive conservation area with two
accessory boat ramps and a 411 sq. ft. restroom facility, parking areas and landscaping for
Intracoastal Park, located on the east side of South Federal Highway, approximately 1,325
feet north of Linton Boulevard.
- - - ------
City Commission Documentation
Appealable Items Meeting of November 16, 2004
Page 2
E. Approved with conditions (4 to 1, Christina Morrison dissenting), a Class V site plan for
Tropic Isles Townhomes, a proposed eight (8) unit townhouse development, located at
the northwest corner of Frederick Boulevard and Avenue "H". Concurrently, the landscape
plan was approved on a 5 to 0 vote and the architectural elevation plan on a 3 to 2 vote
(Roger Cope and Reginald Cox dissenting)
~ HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 4,2004 ~
1. Approved (6 to 0, Jeffrey Silberstein stepped down), a request for a Certificate of
Appropriateness associated with the installation of a free standing sign for 10 NE 2nd Street
(Pineapple Podiatry), located on the south side of NE 2nd Street, east of Swinton Avenue.
No other appealable items were considered by the Board. The following agenda items were
considered by the Board.
. The Board on a 5 to 0 vote (Francisco Perez-Azua and Jeffrey Silberstein stepped down),
forward a recommendation of approval of the LDR text amendment concerning increases in
height in the Central Business District (CBD).
. The Board on a 7 to 0 vote recommended approval of the Northwest Swinton Avenue
Historic District with the condition that the historic district includes only those properties
abutting the west side of Swinton Avenue between Trinity Lutheran Church on the south and
NW 1 ih Street on the north. This item will be forwarded to the City Commission at its
meeting on December 6, 2004 for first reading of the ordinance and January 4, 2005 for
second reading and adoption,
. The Board on a 7 to 0 vote, recommended approval of the individual designation of the
DeWitt Estate, located at 1110 North Swinton Avenue as a local historic site. This item will
be forwarded to the City Commission at its meeting on December 6, 2004 for first reading of
the ordinance and January 4, 2005 for second reading and adoption.
I RECOMMENDED ACTION f
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
NOVEMBER 16, 2004
L -30 CA/lAL a
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L -38 CAlIAL
~
SPRAB
A. SOUTH DELRA Y SHOPPING CENTER
B, GAZEBO DEPOT - - - - - CITY LIMITS - - - - -
C, HOUSE OF FLOORS
D. INTRACOASTAL PARK I ONE MILE I
E TROPIC ISLES TOWNHOMES
GRAPHIC SCALE
HPB CITY OF DELRA Y BEACH, FL
1. 10 NE 2ND ST. (PINEAPPLE PODIATRY) PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
. - DIGITAL BASE MAP SYSTEM--
Harden, David ~
From: Jeff Perlman [delcommish@hotmall com]
Sent: Friday, November 12, 20042:33 PM
To: Harden, David
Subject: RE: Intarcoastal park
I'd like to appeaL this item. Thanks for the information,
Warmest regards
Jeff Perlman
>From: "Harden, David" <Harden@ci,delray-beach,fl,us>
>To: "Jeff Perlman" <delcommish@hotmail.com>
>St:bject: RE: intarcoastal park
>Date: Fri, 12 Nov 2004 11:43:00 -0500
>
>In looking at th:.s further I found that thls is comlng to you on Nov 16
>as an appealable item from SPRAB, That is, the SPRAB approval withou~
>the wall is fina'::' unless someone on the cOITIDission or ano~her affected
>party appeals their decision, If it is appealed, ~he~ we wot:ld se~ a
>public hearing.
>
>-----Original Message-----
>From: Jeff Perlman [mailto:delcommish@hotmall.com]
>Sent: Friday, November 12, 2004 7 : 25 A..1I1
>To: Harden, David
>Subject: FW: lntarcoastal park
>
>
>FYI.
>Please make sure staff notifies the reside~ts when this will be on the
>corr.mission's agenda, Thanks.
>
>
>
>Warmest regards
>Jeff Perlman
>
>
>
>
> >From: "Pattl Armendola" <Patti3l05@adelphia.net>
> >To: <mayor@mydelraybeach.com>
> >St:bject: intarcoastal park
> >Date: Thu, 11 Nov 2004 22:34:50 -0500
> >
> >Dear Mayor Perlman:
> >
> >Mr. Mayor, we need your help! Our number one issue is a wall buffer
> >between the proposed park and Harbourside. The proposal as
>
> >approved last night lS totally unsatisfaotory to myself and the
> >Harbourside Community, (Noverrber 10,2004) I as a naroourslde
> >resident
>
> >, and President of the Board of Dlrectors, along wlth all others ,
> >appeal for your support in modlfying the flnal proposal to lnclt:de
> >item
1
---
>
> >#5 (deleted last night) in the staff reco~~endations which reads as
> >follows: That a six foot (6' ) to eight foot (8' ) high masonry wall is
> >provided along the south property line in place of ~he proposed c~ai~
> >link fence".
> >
> >1 also would llke your office to notify we as to when this proposal
> >will be on the Commissions agenda,
> >
> >Thank you for every consideration.
> >
> >Lynwood Streeto, President
> >1 Harbourside Dr. #3105
> >561-274-3592
2
---
.
.
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 10,2004
AGENDA ITEM: IV. B.
ITEM: Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural
Elevations Associated with the Development of a Passive Conservation Area with
Two (2) Accessory Boat Ramps, a 411 Square Foot Restroom Facility, Parking
Areas and Landscaping.
S B
~ ~~~~,g
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>- GRILL >-
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GENERAL DATA: SUBS
i!:~SE ~91l1 ST
Agent..,.............................. Jose Aguila .. <i., <i.
Owner I Applicant....,............ City of Delray Beach [5 ,
Location..........,....................,.. East Side of South Federal ~ ~ P;;~p
Highway, Approximately 1,325' S E 10TH
North of Linton Boulevard \ WASHINGTON >-
. ... MUTUAL <{
Property Size.......................... 4.468 Acres ~ OFBg~~AY 0;0
Future Land Use Map............. Open Space-Conservation (OS-C) ~
Current Zoning........................ Open Space (OS) ~
Adjacent Zoning.. ....... North: Medium Density Residential (RM) ;
South: Medium Density Residential (RM)
East: Single-Family Residential (R-1-AA)
West: Planned Commercial (PC), Mobile
Home (MH), and Medium Density :
Residential (RM)
Existing Land Use................... Vacant
Proposed Land Use............... Passive Conservation Area and HARBOUR
~~~m ~ ~
Water Service......,.................. Via Service Lateral Connection to ~
Existing Water Main Within South DOMA/NE ""
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Federal Highway Right-of-Way DELRAY u
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The item before the Board is approval of the following aspects of a Class V site plan request for
Intracoastal Park, pursuant to Land Development Regulations (LDR) Section 2.4.5(F):
o Site Plan;
o Landscape Plan; and
o Architectural Elevations.
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Over the past year the City has been negotiating with FIND (Florida Inland Navigation District)
to obtain a 30 year lease on MSA Tract 650, This lease would allow the City to utilize the
property for the construction of additional boat ramps for the public, which is identified in the
Comprehensive Plan as an unmet need in the City. During this process the adjacent residential
development Delray Harbor Club expressed a desire to install some parking improvements on
the adjacent property, Given the common interests in this area, the City, FIND and Delray
Harbor Club have been collaborating to achieve the most efficient design. To this end a Real
Property Exchange Agreement has been executed which involved land swaps between the
parties. With the completion of the land swap, changes to the Future Land Use and Zoning
Maps were necessary to reflect the appropriate designations to accommodate the future uses.
Those changes were as follows:
o A City initiated small-scale Future Land Use Map Amendment from TRN
(Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD
(Professional and Office District) to RM (Medium Density Residential) for 0.13 acres
that is currently owned by the Delray Harbor Club; and
o A City initiated small-scale Future Land Use Map Amendment from TRN, MD and
OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and
rezoning from POD, RM and CD (Conservation District) to OS (Open Space) for
4.468 acres,
At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the above referenced Future Land Use Map (FLUM) amendments and
rezonings, and unanimously voted (4-0) to recommend that the requests be approved.
Subsequently, at its meeting of October 19, 2004, the City Commission approved the FLUM
amendment and rezoning requests.
A Class V site plan application has been submitted to develop the 4.468 acre parcel located on
the east side of South Federal Highway, approximately 1,325' north of Linton Boulevard as a
passive conservation area with boat ramps and associated parking to be known as Intracoastal
Park. The application is now before the Board for action.
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The development proposal consists of the following:
o Construction of two (2) new boat ramps at the east side of the property;
o Construction of 13 parking spaces (11 standard and 2 handicap accessible), and 19
boat trailer parking spaces;
Site Plan Review and Appearance BOdrd Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 2
o Construction of a 411 square foot restroom facility;
o Mitigation of wetland areas including the installation of new landscape materials;
o Installation of a six foot (6') high masonry entry wall along the north side of the
proposed entrance and a portion of the west property line adjacent to the Delray
Harbor Club property together with a six foot (6') high chain link fence along the
south property line as well as the balance of the west property line adjacent to the
Delray Harbor Club property; and
o Installation of a right turn lane on South Federal Highway.
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COMPLIANCE WITH THE 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.
LDR Section 4.4.22 - Open Space (OS) Zonina District:
Pursuant to LOR Section 4.4.22(E) and (F), all standards for the development and use of
property zoned OS shall be established pursuant to the site and development plan, which must
be approved by the Site Plan Review and Appearance Board (SPRAB), The following table
denotes the proposed development standards for the subject property:
Proposed Development Standards
Building Setbacks: Front (West) 150'
Rear (East) 457'
Side Interior (North) 245'
Side Interior (South) 51'
Building Height: 15'
Open Space: 50,1 % *
* - Includes Wetland / Mangrove areas.
LDR Article 4.6 - Supplemental District Reaulations:
Walls, Fences and Hedges:
Pursuant to LOR Section 4.6.5(E), masonry walls located in the front and street side yards shall
be screened by landscape material that is to be maintained at a minimum height equal to half of
the height of the wall. Landscape materials must be of the type that will reach the required
height within two (2) years of planting. The development proposal includes the installation of a
six foot (6') high masonry wall at the entrance to the park along the north side of the drive aisle
along with the installation of Muhly Grass, Dwarf Yaupon and Cocoplum to buffer the wall, which
will meet the above requirement.
It is noted that the development proposal also includes the provision of a six foot (6') high chain
link fence with Green Buttonwood trees and a Cocoplum hedge along the south property line,
While this is sufficient to meet the perimeter landscape requirements of LOR Section 4,6.16, it
Site Plan Review and Appearance BOi:lrd Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 3
will not be sufficient to adequately screen the primary drive aisle, parking and boat ramps from
view of the adjacent residential development (Harbourside). Therefore, it is attached as a
condition of approval that a six foot (6') to eight foot (8') high masonry wall is provided along the
south property line in place of the proposed chain link fence.
Lighting:
Pursuant to LDR Section 4.6,8, site lighting limited to a maximum height of 25' must be provided
on-site and be consistent with the illumination level requirements included in this section.
Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used around the
perimeter of a facility in order to limit glare and light spillage onto adjacent properties.
According to the photometric plan included with the submittal, standard "shoe-box" style light
fixtures will be provided throughout the park. The proposed light fixtures will be 20' above
finished grade, which complies with LDR Section 4.6,8; however the proposed illumination
levels for the development appear to exceed the maximum foot candles allowed (5.0 proposed I
4,0 allowed) and must be reduced for compliance. Additionally, as the proposed light fixtures
are located around the perimeter of the site, it is attached as a condition of approval that cut-off
shielding is provided to limit glare and light spillage onto the adjacent residential properties.
Off-Street Parking:
The development proposal includes the construction of 13 parking spaces (11 standard and 2
handicap), and 19 boat trailer parking spaces to accommodate the passive conservation area
and two (2) boat ramps. Pursuant to LDR Section 4.6.9(C) (6) (q), parks shall have their
parking needs assessed and determined by the City Manager or designee. The boat ramps and
associated parking will provide another boat launching opportunity in close proximity to Knowles
Park where there is heavy parking due to the lack of facilities in this area. The development
proposal has been submitted by Joe Weldon, the Director of Parks and Recreation for the City
of Delray Beach, whom is the City Manager's designee for the project and who has further
assessed the demands for the project and has determined the proposed quantity and type of
parking to be sufficient.
OTHER ISSUES:
Undergrounding of Utilities:
Pursuant to LDR Section 6:1.8, utility facilities serving the development shall be located
underground throughout the development. Therefore, it is attached as a condition of approval
that all existing and proposed utilities associated with the development must be located
underground and that a note be provided on the site plan to this effect.
Site Plan and Engineering Technical Items:
While revised plans have accommodated most of staff's concerns, the following items remain
outstanding and will need to be addressed prior to building permit submittal:
1, Type "D" curbing is required to separate the proposed sidewalk from the parallel
parking spaces and drive aisles; and
2. The civil site plan (sheet C-1) does not depict the striping at the east end of the
parallel parking spaces.
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Site Plan Review and Appearance BOesrd Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 4
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The majority of the subject property consists of existing wetlands and Mangroves. The
development proposal will impact these areas; however as discussed later with regard to
compliance with the Comprehensive Plan, a full mitigation plan will be developed following site
plan approval and will need to be approved by the City Horticulturist as well as Palm Beach
County Department of Environmental Resource Management and the Florida Inland Navigation
District (FIND).
The entrance to the site along South Federal Highway will consist of Sabal Palms underplanted
with Muhly Grass, Spider Lily, Dwarf Yaupon and Cocoplum on the north side and Sabal Palms
underplanted with Muhly Grass on a portion of the south side, The balance of the south
property line abutting the Harbourside condominium development to the south will be planted
with Green Buttonwood trees 17' on center and a Cocoplum hedge in addition to an existing
Rubber tree and Seagrape tree which are to remain, The northern and western property lines
abutting the Delray Harbor Club and adjacent to the parking area will be planted with Live Oak
trees 37' on center and a Cocoplum hedge. Pursuant to LDR Section 4.6.16(H) (3) (d),
landscape barriers separating vehicular use areas from abutting properties shall provide one (1)
tree every 30', Therefore, it is attached as a condition of approval that the Live Oak trees are
planted 30' on center along the north and west property lines to meet the required minimum
spacing.
The landscape areas/islands located at the interior of the property will consist of Sabal Palms
and Live Oaks trees with underplantings of Parsons Juniper, Muhly Grass, Dwarf Yaupon, and
Cocoplum. A large existing Ficus tree is also proposed to be retained with circular landscape
island at the east end of the site and underplanted with Sword Fern, Based upon the above and
subject to the attached condition of approval being addressed, the proposed landscape plan will
comply with LDR Section 4,6,16.
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LOR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered,
by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building
permits. If the following criteria are not met, the application shall be disapproved:
(1) The plan or the proposed structure is in conformity with good taste, good design, and
in general contributes to the image of the City as a place of beauty, spaciousness,
harmony, taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
The architectural elevations included with the development proposal are associated with a
proposed 411 square foot restroom facility. The restroom facility will be of concrete block
construction with a stucco finish and will consist of a flat concrete tile hipped roof with a cupola.
A decorative raised stucco band will act as a string course around the perimeter of the restroom
facility and a 1-1/2" raised stucco band will be provided just below the roof line. An overhead
Site Plan Review and Appearance Board Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 5
coiling security grille will be installed at the south elevation entrance and storm-proof louvered
vents will be provided in the east and west elevations. The lower portion of the building will be
painted beige (Bagel) and the upper portion of the building and cupola will be painted light beige
(Navajo White). The stucco bandings, louvers, fascia and security grille will be painted white
(Snowbound), and the flat concrete roof tile will also be white. The proposed architectural
elevations for the proposed structure will not negatively impact the surrounding properties and
therefore positive findings can be made with respect to LOR Section 4.6.18(E).
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Pursuant to LDR Section 3.1.1, 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.
With the FLUM amendment and rezoning approvals of October 19, 2004, positive findings were
made with respect to Future Land Use Map and Comprehensive Plan Consistency,
Concurrency, and Compliance with the Land Development Regulations, However, the following
analysis is provided as it relates to the development proposal.
LDR Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of OS-C (Open Space-
Conservation), and a zoning designation of OS (Open Space). Pursuant to LOR Sections
4.4,22(B) and (C), passive parks are a permitted use within the OS zoning district and boat
ramps, restrooms and parking lots are allowed as accessory uses. Based upon the above, it is
appropriate to make a positive finding with respect to consistency with the Future Land Use Map
designation.
LDR Section 3.1.1 (8) - Concurrency:
As described in Appendix "A", a positive finding of concurrency can be made as it relates to
water and sewer, streets and traffic, drainage, parks and recreation, schools, and solid waste,
LDR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "B", a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
LDR Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of compliance
with the LOR can be made, when all outstanding items attached as conditions of approval are
addressed.
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:
Housing Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods, Factors such as noise, odors, dust, traffic volumes and circulation
Site Plan Review and Appearance Board Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 6
patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability
and stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
This facility will result in the transfer of some of the trips that historically would go to the Knowles
Park site. As with most boat launching facilities, the peak demand will occur during the
weekends. With regard to traffic circulation. the property is only accessible from northbound
Federal Highway and therefore there is no cross traffic from southbound Federal Highway,
Also, a right turn lane is proposed at the park entrance.
As the driveway and boat launching area are adjacent to the Harbourside condominiums,
compatibility is a concern. The parking area for the Harbourside condominiums abuts the
driveway, parking and boat launching facilities for the park and the residential structures are
approximately set back between 61' and 90' from the park site. While a chain link fence,
Cocoplum hedge and Green Buttonwood trees every 17' on center are proposed along this
property line, these will not provide a sufficient buffer to screen these areas from the adjacent
residences. Therefore, it is attached as a condition of approval that a six foot (6') to eight foot
(8') high masonry wall is provided to mitigate any potential impacts.
There is an additional concern with respect to unnecessary stacking of vehicles on site. In order
to alleviate any unnecessary stacking of vehicles on the site, docks or moorings should be
provided adjacent to the launching area/boat ramps so that boats that have been launched can
be moved to the side and not prevent other boats from being launched. The provision of such
facilities has been attached as a condition of approval. Based upon the attached conditions of
approval being addressed, a positive finding can be made with regard to Housing Element
Policy A-12.3 as the proposed development will be compatible with and will not impact the
stability of the adjacent developments.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land
uses, and fulfills remaining land use needs.
The subject property is vacant and predominantly consists of wetlands and Mangroves, which
are concentrated at the center of the site. The proposed development will retain a significant
portion of these areas and provide mitigation for those areas that are affected by the proposed
construction. It is noted and attached as a condition of approval that a full mitigation plan will be
prepared following site plan approval and submitted to the City Horticulturist for approval.
Accordingly, the physical/environmental characteristics of the land will not be negatively
impacted by the proposed development.
The Delray Harbor Club abuts the subject property to the north and west, and the Harbourside
condominium development abuts the property to the south. Both of these adjacent
developments are zoned Medium Density Residential (RM). The Delray Beach Shores
neighborhood, which is zoned Single-Family Residential (R-1-AA), is located to the east of the
subject property, across the Intracoastal Waterway. To the west across South Federal Highway
are City National Bank and the Floranda Trailer Park, which are zoned Planned Commercial
(PC) and Mobile Home (MH), respectively.
The proposed development is considered compatible with each of the surrounding land uses
and will be adequately buffered from each of the adjacent properties, The park and its
accessory uses are designed in a manner that will be complimentary to the adjacent uses. The
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Site Plan Review and Appearance BeGIrd Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 7
City National Bank and Floranda Trailer Park will be buffered by the Delray Harbor Club
property and only the entrance to Intracoastal Park will be visible, The Delray Beach Shores
neighborhood is buffered by the Intracoastal Waterway and only a small portion of the subject
property will be visible due to the existing wetlands and Mangroves. The Delray Harbor Club
property is adjacent to more of the subject property than any other site; however the abutting
parcel on the west side will be developed as parking and the parcel to the north abuts mostly
wetlands and Mangroves, which will screen the majority of the proposed parking areas as well
as the boat ramps, There is a greater compatibility concern, however, with the abutting
Harbourside property to the south. As discussed previously with respect to Housing Element
Policy A-12.3, the primary drive aisle, parking and boat ramps are in close proximity to the
Harbourside property and should be screened by a six foot (6') to eight foot (8') high masonry
wall in place of the proposed chain link fence. Further, according to the Coastal Management
Element and Conservation Element Policies discussed below, the development proposal will
fulfill a remaining land use need. Based upon the above and subject to the attached condition
of approval being addressed, no compatibility issues will exist between the proposed
development and the surrounding land uses and positive findings can be made with regard to
Future Land Use Element Objective A-1.
TransDortation Element Policy D-2.2: Bicycle parking and facilities shall be required on all
new development and redevelopment.
The development proposal has not incorporated a bicycle parking facility within the scope of
work, While bicycle traffic will not likely utilize the boat ramps, it is possible that bicycle traffic
could exist for the passive conservation area. Therefore, it is attached as a condition of
approval that a bicycle parking facility is provided on site.
Coastal Manaaement Element Policy 8-1.5: The City shall perform the necessary studies to
pursue development of FIND parcel MSA 650 as 1) an entirely passive park with picnic areas
and a nature trail, with additional boat ramps at Knowles Park; or 2) a partially active park with
boat ramp and parking facilities in addition to preservation areas. The completed studies should
be brought to the City Commission for a decision on the final plan in time for inclusion in the FY
98/99 budget.
Conservation Element Policy 8-1.8: FIND parcel (MSA 650) shall be developed to provide
public park areas and additional access to the Intracoastal Waterway through the provision of a
boat ramp and parking area. The development of these facilities shall maximize retention of the
existing native plant communities,
aDen SDace and Recreation Element Text: Assessing recreation facilities relative to the
strictest of the two applicable guidelines reveals a current deficiency only in the category of boat
ramps, This deficiency will be eliminated through the development of FIND parcel MSA 650, or
construction of additional boat ramps at Knowles Park. For the buildout demand, planned
facility additions were added to the existing total. At buildout, deficiencies again appear only in
boat ramps (5).
aDen SDace and Recreation Element Policy 8-3.1: Additional access to the Intracoastal
Waterway shall be achieved through improvements made at the time of development of the
FIND parcel (MSA 650).
Based upon the development proposal, positive findings can be made with each of the above
Coastal Management, Conservation, and Open Space and Recreation Policies.
Site Plan Review and Appearance BOard Staff Report
Intracoastal Park - Class V Site Plan. Landscape Plan and Architectural Elevations
Page 8
LOR Section 2.4.5(F) (5) - Compatibility (Site Plan Findinas): 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 to cause substantial depreciation of property values.
The following zoning designations and uses abut the subject property:
Zonina Desianation: Use:
North: Medium Density Residential (RM) Delray Harbor Club
South: Medium Density Residential (RM) Harbourside
East: Single-Family Residential (R-1-M) Delray Beach Shores
Medium Density Residential (RM), Delray Harbor Club, City National Bank
West: Planned Commercial (PC) and
Mobile Home (MH) and Floranda Trailer Park
As discussed above in the analysis of Future Land Use Element Objective A-1 and Housing
Element Policy A-12.3, positive findings can be made with respect to the compatibility of the
proposed development with the adjacent properties. However, such a finding is subject to the
attached condition of approval relating to the provision of a six foot (6') to eight foot (8') high
masonry wall along the south property line in place of the proposed chain link fence. When the
attached conditions of approval are addressed the development proposal will be compatible and
harmonious with the adjacent properties and a positive finding can be made with regard to LDR
Section 2.4.5(F) (5).
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The subject property is not located in an area requiring review by an advisory Board or Agency.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic associations:
o Beach Property Owner's Association
o Delray Harbor Club
o Domain Delray
o Harbourside
o President's Council
o Progressive Residents of Delray (P.R.O.D.)
Letters of objection or support, if any, will be presented at the SPRAB meeting.
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The development proposal involves the construction of two (2) boat ramps, the construction of
13 parking spaces (11 standard and 2 handicap), 19 boat parking spaces, and the construction
of a 411 square foot restroom facility in associated with the development of a passive
conservation area to be known as Intracoastal Park. The project will be consistent with the
policies of the Comprehensive Plan and Land Development Regulations Section 2.4.5(F) (5)
provided the attached conditions of approval are addressed. Among the conditions of approval
is a requirement that a six foot (6') to eight foot (8') high masonry wall is provided along the
Site Plan Review and Appearance Board Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 9
south property line in place of the proposed chain link fence in order to provide an adequate
buffer from the drive aisle, parking and boat ramps of the Park for the adjacent Harbourside
condominium development.
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A. Continue with direction,
B. Move approval of the Class V site plan, landscape plan and architectural elevations for
Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Sections 2.4.5(F) (5) and Chapter 3 of the Land Development
Regulations, subject to the attached conditions of approval.
C, Move denial of the Class V site plan, landscape plan and architectural elevations for
Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 2.4.5(F) (5) and Chapter 3 of the Land Development
Regulations,
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By Separate Motions:
Site Plan:
Move approval of the request for Class V site plan approval for Intracoastal Park, by adopting
the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the
following conditions:
1. That revised plans are submitted addressing the Site and Engineering Plan
Technical Items as indicated in the staff report, and the listed conditions;
2, That the illumination levels for the development are reduced to comply with the
maximum allowed foot candles as per LDR Section 4.6.8;
3. That cut-off shielding is provided for the light fixtures to limit glare and light spillage
onto the adjacent residential properties;
4. That a full mitigation plan is prepared and approved by the City Horticulturist, Palm
Beach County Department of Environmental Resource Management, and the Florida
Inland Navigation District (FIND);
5. That a six foot (6') to eight foot (8') high masonry wall is provided along the south
property line in place of the proposed chain link fence;
6, That docks and/or moorings are provided adjacent to the launching area/boat ramps
so that boats that have been launched can be moved to the side and not prevent
other boats from being launched;
7. That a bicycle parking facility is provided on site; and
Site Plan Review and Appearance BOa. d Staff Report
Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 10
8. That the civil engineering plans are revised to depict the proposed drainage
structures.
Landscape Plan:
Move approval of the landscape plan for Intracoastal Park, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations,
subject to the following condition: That the Live Oak trees along the north and west property
lines are provided 30' on center as per LOR Section 4.6.16(H) (3) (d).
Architectural Elevations:
Move approval of the architectural elevations for Intracoastal Park, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the
Land Development Regulations.
Attachments: Appendix "A n, Appendix "B~ Site Plan, Landscape Plan and Architectural Elevations
Staff Report Prepared by: Robert G Tefft, Senior Planner
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.. : :'. : :;.:.:~..-:' " eONC RRENCY FINDINGS' .:: ....., ". ....'
. .. JI.!'" ..... . - ..
Pursuant to lOR Section 3.1.1(8), Concurrency, as defined pursuant to Objective B-2 of the land
Use Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use andlor development application will not exceed the ability
of the City to fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer:
Water and sewer services will be provided via service lateral connections to the existing 12" water main
and 8" sanitary sewer main located within the South Federal Highway right-of-way. Fire protection will be
provided via a proposed fire hydrant to the east of the proposed restroom facility. 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. Thus, a positive finding with respect to this level
of service standard can be made.
Streets and Traffic:
Based upon the assumption that the majority of vehicles utilizing the park will arrive early in the morning
and remain throughout the better part of the day, and further assuming that there may likely be some
turnover in the spaces during the day, a rate of 1.5 trips per day, per space has been utilized. Therefore,
at 1.5 trips per parking space (32) and calculating the trips both entering and exiting the site, 96 ADT can
be estimated for the proposed development [32 parking spaces x 1.5 = 48 x 2 = 96J. There is adequate
capacity on the surrounding roadway network to accommodate the additional trips and therefore a
positive finding can be made with respect to this level of service standard,
Parks and Recreation Facilities:
Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will
not have an impact with respect to this level of service standard. The proposed park will fulfill a need as
identified by the supporting Objectives and Policies of the Comprehensive Plan and will provide the
desired level of service for boat ramps for the community.
Solid Waste:
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021. The waste generated with the subject development proposal
will be minimal at best and will not have an impact with respect to this level of service standard.
Drainaoe:
Drainage is to be accommodated on site via an exfiltration trench system. There should be no impact on
drainage as it relates to this level of service standard. It is noted, however, that the locations of these
drainage structures have not been depicted on the revised civil engineering plans and therefore it is
attached as a condition of approval that they are revised.
Schools:
School concurrency findings do not apply for non-residential uses. Thus, the proposed development will
not have an impact with respect to this level of service standard.
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 X - This standard will be met once the attached conditions of approval
have been addressed.
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard
Does not meet intent X - This standard will be met once the attached conditions of approval
have been addressed.
C. Open space enhancements as described in Policies found under Objective B-1 of the Open
Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation modification may
have upon an existing neighborhood. If it is determined that the widening or modification will
be detrimental and result in a degradation of the neighborhood, the project shall not be
permitted.
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 X
Meets intent of standard
Does not meet intent
F. Property shall be developed or redeveloped 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
Does not meet intent X - This standard will be met once the attached conditions of approval
have been addressed.
--- ----- --------
Appendix "B"
Standards for Site Plan Actions
Page 2
G. 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, and meet the housing needs identified in the Housing Element. This shall
be accomplished through the implementation of policies under Objective B-2 of the Housing
Element.
Not applicable X
Meets intent of standard
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied,
Not applicable
Meets intent of standard
Does not meet intent X - This standard will be met once the attached conditions of approval
have been addressed.
I. Development shall not be approved if traffic associated with such development would create a
new high accident location, or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all
new housing developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential developments located in
the downtown area, and for infill projects having fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
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City of Delray Beach
Memo
To: City Commission
From: David Harden ~(
CC:
Date: November 12, 2004
Re: Renewal of Tennis Center Special Event Agreement
In December of 1999 the City entered into an agreement with JCD Sports Group "for the
purpose of attracting special events to the Tennis Center, event management, and for the
purpose of identifying and assisting In the development of additional revenue sources," ThiS
agreement was replaced by a successor agreement In December of 2002, a copy of which IS
attached, which has since been extended for one additional year. The existing agreement
allows for a second extension, however, JCD Sports Group has submitted the attached letter
requesting an increase in compensation for the coming year.
I have discussed this request with Mr. Barclnskl, and we feel that the Increase from $18,000
to $20,000 IS reasonable. We feel that JCD Sports Group has been successful In attracting a
number of new events, most notably the Davis Cup event earlier this year. They are
presently working on a Federation Cup event, as well as several smaller events, In addition to
Davis Cup, they have successfully managed other events at the tennis Center put on by
Matchpoint, Evert Enterprises, First Night, other promoters, local chanty groups and
companies shooting commerCials, We have received a number of letters complimenting the
services provided by JCD Sports Group We could put this contract out for proposals under
an RFP process, Based on past experience, however, we believe It IS best to have the same
people managing both the Tennis Center and speCial events held at the Center and Stadium
Recommendation: We recommend that the contract With JCD Sports Group be extended
for an additional year With an increase In compensation from $18,000 to $20,000.
1
<if
JCD Golf & Tenms Management, Development & Consultation
SPOI~TS CI~OUP
A DIvIsion of
Dubm & Associates
~- " ,~ ~ -
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MEMORANDUM ()\I ~ ~' 2004
~. I '/ j: t;:; ~ : _ \ -:
Date: November 9, 2004
To: Mr. Dave Harden, City Manager
From: Brahm Dubin
Re: Consultant Agreement, lCD Sports Group, Inc.
As you are aware, we have not increased our fee since December 1, 2002.
We are hereby requesting that lCD Sports Group, Inc. receive $20,000 for the
period December 1,2004 through November 30, 2005. We recommend that all wording
in the present contract remain unchanged.
We believe that our proposed fee is reasonable and look forward to continuing our
relationship with the UST A, Matchpoint, Inc. Evert Enterprises, First Night, other
promoters, local charity groups and companies interested in shooting commercials at our
facility,
We thank you for your consideration.
Cc: Robert A. Barcinski, Assistant City Manager
1300 Park of Commerce' Suite 272 . Delray Beach, FL 33445 . (561) 265-0255 . Fax (561) 265-2752
~ .
AGREEMENT
THIS AGREEMENT is made this dl!!f.day of 4~ , 2002 between
the City of Delray Beach, a Florida municipal corporation ("the City") and JCD Sports Group,
Inc., a Florida corporation ("Consultant"),
WIT N E SSE T H:
WHEREAS, the City and Consultant entered into an agreement dated December 15,
1999 and renewed December 1, 2000 and December 1, 2001 for consulting services for the
purpose of attracting special events to the Tennis Center, event management, and for the purpose
of identifying and assisting in the development of additional revenue sources for the City of
Delray Beach Tennis Center; and
WHEREAS, the City and Consultant are interested in entering into this Agreement
under the terms set forth herein,
NOW, THEREFORE, for the mutual covenants and consideration set forth in this
Agreement, the parties agree as follows:
1. Recitals. The recitations set forth above are incorporated as if fully set forth
herein,
2. Duties of Consultant.
a, Interacting with community and special interest groups to develop
relationships that generate interest in use of the stadium site for events,
b. Visit area facilities and sites that generate like events to research future
performance considerations, site layouts, pricing, etc.
c. Develop relationships with local facility managers to network for referrals
when their sites are booked or there are capacity constraints.
d, Work with location scouts associated with area production companies to
promote the tennis stadium as a site for commercial shoots.
e, Engage in conversations with prospective clients to determine viability
and legitimacy of requests,
f. Present stadium requests to the City for approval.
~-- ---
,
,
g. Oversee all stadium events to make sure there is compliance with the
contract.
3, Term of Aereement. This Agreement shall commence December 1, 2002 and
expire November 30, 2003. The Agreement may be renewed by the City Manager for two
additional one-year periods.
4. Termination, Either party may, with or without cause, terminate this agreement
with 30 days prior written notice. The termination will be effective thirty days from the date of
deposit in the U.S. Mail or date of hand delivery upon termination. Upon the effective date of
termination, no further monthly payments shall be due Consultant. The City shall reimburse
only those expenses that were approved prior to termination.
4, Compensation. The City shall pay Consultant Eighteen Thousand Dollars and
00/100 cents ($18,000,00) each year for the duration of this Agreement, payable in equal
installments of One Thousand Five Hundred and 00/100 cents ($1,500.00) per month on the first
of each month beginning December 1,2002, and during each renewal period, if any, In addition,
the City shall pay the actual costs for reimbursable expenses provided that the reimbursable
expenses are agreed to in advance by the City or its designee.
5. Independent Contract. Consultant shall be and remain an independent
contractor and not an agent or employee of the City,
6. Governine Law and Venue. Any dispute under this Agreement shall be
determined under the laws of the State of Florida with venue in Palm Beach County, Florida.
7, Entire Aereement. This Agreement constitutes the entire agreement between the
parties as it pertains to the duties outlined herein, Any modifications to this Agreement to be
effective must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written,
n~ CITY OF DELRA Y BEACH, FLORIDA
By:/1-;J)~. .C-~
~ 'J
City Clerk David W, Schmidt, Mayor
2
.'
Approved as to Form:
~~
~\City Attorney
ATTEST: leD Sports Group, me,
r ~ ~ r ----By: ---1 --e:-~ ~ pRt:: S
\ \ J~..l.l' L
Print Name: (~, \~, l \ Brahm Dubin, ~resident
3
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'oA. - REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 57-04 (ANNEXATION. SMALL SCALE FUTURE LAND USE
MAP AMENDMENT & REZONING
DATE: NOVEMBER 12, 2004
This Ordinance is before City Commission for second reading and quasi-Judicial hearing for the Annexation, Small-
Scale Future Land Use Map (pLUM) Amendment from County HR (High Density Residential-8 dwelling units
per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre), and rezoning from AR
(Agricultural Residential) to RM (Medium Density Residential) for a 4.86 acre property, located on the west side
of Military Trail, approximately 700 feet south of Atlantic Avenue,
The property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential)
zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the
owner is seeking voluntary annexation at this time. The property consists of six (6) separate parcels with five (5)
owners. Three (3) parcels are undeveloped and three (3) contain single family residential homes,
The Planning and Zoning Board held a public hearing in conjunction with the requests. There was public
testimony regarding the proposal, presented by the residents of the adjacent property to the west, and the main
concern related to:
1. The proposal will leave their properties totally land locked by property within the City of Delray Beach,
thus decreasing the value of the property.
2. Development of this property without regard to alternative access to adjacent property will perpetuate
the unacceptable access to these properties which is currently via the Points West Plaza which means
the access is frequently blocked by loading/unloading vehicles,
3. Concerns with access for emergency vehicle given concerns noted above,
After significant discussion, the Board voted 5-0 to recommend that the requests be approved subject to a
zoning density suffix of eight (8) units per acre maximum, The board gave further direction to the Site Plan
Review and Appearance Board (SPRAB) that direct access from Military Trail to the existlng single family homes
located to the west of the Gramercy property should be considered during the site plan review process, The
requests were approved based upon positive findings with respect to Land Development Regulations (LDR)
Section 3,1.1 (Required Findings), 3,2.2 (Standards for Rezoning Actlons), and 2.4.5(D)(5) (Change of Zoning
District Designation) and that the property is contiguous, reasonably compact, and does not create an enclave;
and that services will be provided to the property in a manner similar to other similar properties within the City.
At the first reading on November 2,2004, the City Commission passed the Ordinance No. 57-04 unanimously,
Recommend approval of Ordinance No, 57-04 on second and final reading.
S:\Clty Clerk\agenda memos\Ord.57-04 Annexabon Gramercy 111604
-
, ~1
..
I CITY COMMISSION DOCUMENTATION '~
TO: ~f~ EN, 11'( MANAGER
THRU: PA L DORLlNG, DIR
FROM: ESTELlO BRETO, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 2, 2004 ,
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY HR (HIGH RESIDENTIAL - 8 DUlAC)
TO CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC). AND
REZONING FROM AR (AGRICULTURAL RESIDENTIAL) TO RM
(MEDIUM DENSITY RESIDENTIAL) FOR A 4.86 ACRES
PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL.
APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE.
I BACKGROUND I
The 4.86 acre property is currently located in unincorporated Palm Beach County
and has an AR (Agricultural Residential) zoning designation. The property is located
within the City's Planning Area (Future Annexation Area) and the owner is seeking
voluntary annexation at this time. The subject property consists of 6 separate parcels
with 5 owners. Three of these parcels are undeveloped and three contain single family
residential homes. Additional background and an analysis of the request are found in
the attached Planning and Zoning Board Staff Report,
I PLANNING AND ZONING BOARD CONSIDERATION ~
At its meeting of October 18, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the requests. There was public testimony regarding the
proposal presented by the residents of the adjacent property to the west and their
main concern related to:
. This proposal will leave their properties totally land locked by property within
the City of Delray Beach, thus decreasing the value of our property;
. Development of this property without regard to alternative access to adjacent
property will perpetuate the unacceptable access to these property which is
currently via the Points West Plaza which means the access is frequently
blocked by loading/unloading vehicles; and
. Concerns with access for emergency vehicle given concerns noted above.
The Board had significant discussion related to the appropriateness of allowing up to
12 units per acre given the adjacent land use densities. After reviewing the staff
report and discussing the proposal, the Board voted 5-0 to recommend that the
requests be approved subject to a zoning density suffix of 8 units per acre maximum.
The Board gave further direction to the Site Plan Review and Appearance Board
(SPRAB) that direct access from Military Trail to the existing single family homes
located to the west of the Gramercy property should be considered during the site \dA
.
. City Commission Documentation
Meeting of November 02, 2004
Gramercy Annexation, Small-Scale FLUM Amendment with initial rezoning of RM
Page 2
plan review process. The request was approved based upon positive findings with
respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is
contiguous, reasonably compact and does not create an enclave; and, that services
will be provided to the property in a manner similar to other similar properties within
the City.
I RECOMMENDED ACTION (
By motion, approve on first reading the ordinance for Annexation, the FLUM
amendment from County HR (High Residential - 8 du/ac) to City MD (Medium
Density Residential- 5-12 du/ac), and the initial zoning designation of RM-8(Medium
Density Residential - 8 du/ac), based upon the findings and recommendation by the
Planning and Zoning Board and set a public hearing date of November 09, 2004.
Attachments: P & Z Staff Report of October 18, 2004
-- -- ----- ---
ORDINANCE NO 57-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST AlLANTIC
AVENUE AND 260 FEET WEST OF MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC) FOR
SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPEHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT, A FLEXIBLE ZONING
DISTRICT WHICH ALLOWS A DENSITY OF 6 TO 12
UNITS PER ACRE AND AUTHORIZES A DENSITY
SUFFIX TO BE AFFIXED THAT LIMITS THE DENSITY
TO A DENSITY LESS THAN 12 BUT MORE THAN 6
UNITS PER ACRE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DAlE,
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 4.861
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J,
Warren, Larry J. and Jud1th A. Walters have requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171,044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4,6 and the required findings of LDR Section 3.2,2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of October 18,2004, and voted 5 to
o to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-8 dwelling units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163,3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the recitations set forth above are incorporated herein.
2 ORD NO, 57-04
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Parcel # 00-42-46-14-00-000-5060
The South one-third (S 1/3) of the North three-fifths (N 3/5) of the West one-half (W %) of
the Southeast quarter (SE %) of the Southeast quarter (SE 1/4) of the Southeast quarter (SE %),
less the West 30 feet thereof for right-of-way, of Section 14, Township 46 South, Range 42 East,
Palm Beach County, Florida,
Together With:
Parcel # 00-42-46-14-00-000-5070
The South one-quarter (S 1/4) of the North four-fifths (N 4/5) of the West one-half (W %) of
the Southeast quarter of the Southeast quarter of the Southeast quarter, less the West 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida.
Together With:
Parcel # 00-42-46-14-00-000-5080
The South one-fifth (S 1/5) of the West one-half (W %) of the Southeast quarter (SE V4) of the
Southeast quarter (SE %), of the Southeast quarter (SE 14/), less the West thirty feet (W 30')
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida,
Together With:
Parcel # 00-42-46-14-00-000-5040
The North one-fifth (N 1/5) of the West half (W %) of the Southeast quarter (SE %) of the
Southeast quarter (SE %) of the Southeast quarter (SE %) of Section 14, Township 46 South,
Rage 42 East, of Palm Beach County, Florida less the West 30 feet thereof for road right-of-
way.
Together With:
Parcel # 00-42-46-14-00-000-5050 and Parcel # 00-42-46-14-00-000-5650
The South one-half (S %) of the North two-fifths (N 2/5) of the West one-half (W V2) of the
Southeast one-quarter (SE 1/4) of the Southeast one-quarter (SE %) of the Southeast one-quarter
(SE %) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida; less the
west thirty (30) feet thereof for right-of-way,
3 ORD NO. 57-04
The subject property is located 710 feet south of West Adantic Avenue and 260 feet west of
Military Trail,
Section 3 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida,
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5 That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions,
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac).
Section 7 That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3,
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 9 The City Commission may affix a suffix to the RM zoning designation that is
less than 12 units per acre based upon the ability of the property owner to meet certain performance
criteria as provided for in LDR Section 4.4,6 and the required findings of LDR Section 3.2.2(D),
The City Commission hereby (affixes) or (does not affix) (circle one) a density suffix and herby
zones the property to RM
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
4 ORD NO. 57-04
----
Section 11 That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid,
Section 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_.
ATTEST MAYOR
Acting City Clerk
First Reading
Second Reading
5 ORD NO. 57-04
I
....
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---ST AFF REPORT ---
MEETING DATE: October 18, 2004
AGENDA ITEM: IV.A.
ITEM: Future Land Use Map (FLUM) Amendment from HR-8 (High Residential-
8 du/ac on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 du/ac) and rezoning from AR
(Agricultural Residential) to RM-8 (Medium Density Residential 8 du/ac)
for a 4.86 acres property located on the west side of Military Trail just
700' south of Atlantic Avenue.
KFC
L -
GENERAL DATA:
K -aJAR r
Owner/Applicant.................... ..., Home Devco Corporation of South
Florida
Agent. ......... .. ... .............. ...... ...... Miller Land Planning Consultants, IIARKElPLACE
OF
Inc DaRAY
Location..............,....................... West side of Military Trail,
, approximately 700 ft. south of
West Atlantic Avenue.
Property Size... .......................... 4 86 Acres
Existing County Future Land Use
Map Designation ..... ... .............. HR-8 (High Density Residential- 8
units/acre)
Proposed City Future Land Use
Map Designation. ...................... MD (Medium Density Residential
5-12 units/acre)
Existing County Zoning............... AR (Agricultural Residential)
Proposed City Zoning.... . .. ....... RM-8 (Medium Density
ReSidential - 8 units/acre)
Adjacent Zoning..... ......... North: City PC (Planned Commercial)
East: City RM-8
South: County RS (Single Family
Residential)
West: County AR
Existing Land Use........ ............. Vacant land.
Proposed Land Use.................... Annexation with initial zoning of
RM-8 to obtain City services for
the construction of a town house
development.
Water Service............................. Available via connection to an
eXisting 12" water main along the
east side of Military Trail and an 8"
main at the southeast corner of
the shopping center to the north.
Sewer Service............................. Available via installation of a lift
station and connection to a 4"
force main along the west side of
Military Trail.
IV.A
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Future Land Use Map (FLUM) Amendment from
HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to
RM (Medium Density Residential 6-12 units/acre) for a 486 acres parcel located on the west
side of Military Trail just 700' south of Atlantic Avenue,
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
I BACKGROUND/PROJECT DESCRIPTION I
The subject property is 4.86 acres located to the south of Points West Plaza and to the west of
the platted Mil-Atlantic parcels that front on Military Trail. The property is bound to the south
by the LWDD L-34 Canal. The subject property consists of 6 separate parcels with 5 owners.
Three of these parcels are undeveloped and three contain single family residential homes.
The access to these parcels is currently from Atlantic Avenue (through the shopping center to
the north) and over the private access tract. The applicant has indicated that one out of the six
(6) parcels has executed water service agreement with the City of Delray Beach which
contains a voluntary annexation,
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach The City has an advisory land use designation of
TRN (Transitional) that allows for residential development with a density between five and
twelve units per acre. The applicant has indicated that upon approval of the land use
amendment and rezoning, the subject property will be integrated with Lot "A' and "B" of the Mil-
Atlantic properties to the east for construction of a townhouse development.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from HR-8 to MD and a Rezoning from AR to RM,
I FUTURE LAND USE MAP AMENDMENT ANALYSIS I
Current Land Use Desianation: The current land use map designation for the property is
County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is
TRN (Transitional).
Reauested Land Use Desianation: The requested Future Land Use Designation is to City
MD (Medium Density Residential 5-12 du/ac),
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 2
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
. The proposed amendment does not involve the same property, or the same
owner's property within 200' feet of property, granted a change within a period
of twelve months.
. That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future Land Use Map for a site-specific small scale
development activity; and,
. The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 4,86 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area The proposed amendment to Medium Density has
a density range of 5-12 du/ac (MD) and is being proposed concurrently with a request for
annexation and initial zoning of RM to accommodate a townhouse development. Staff is
recommending that given the adjacent development pattern a zOning suffix be applied limiting
maximum densities to 8 units per acre. With this limit the 10 units to the acre threshold would
not be exceeded, MD Land use designation allows consistent zoning districts which include
single family, and low and medium density multiple family developments. This amendment
along with other small-scale amendment processed this year, outside the designated areas,
will not exceed 60 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FLUM amendment can be processed as a small scale amendment.
land Use Analvsis:
Consistency Between the City and County land Use Desianations:
The proposed City Land Use Map Designation for the property is MD (Medium Density
Residential 5-12 du/ac). The existing County Future Land Use Map Designation for the
property is HR-8 (High Density Residential - 8 du/ac) The City's MD land Use Designation is
consistent with the County's HR-8 designation in that Medium Density Residential is allowed.
The current advisory "Transitional" residential designation allows multiple family development
as well as office and limited commercial development. The City's FLUM designation as initially
contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989,
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 3
(and as formally amended subsequently) are deemed to be advisory until an official Future
Land Use Map Amendment is processed.
Adiacent Land Use Map Designations. Zoning Designations and Land Uses:
The following zoning designations and uses abut the subject property:
I I Zoning Designation I Use I
North: Planned Commercial (PC) Shopping Center (Babies "R" Us Plaza)
South: Palm Beach County Single Family Single Family Subdivision (Country
Residential (RS) Club Acres)
East: Medium Density Residential (RM-8) Vacant Land
West: Palm Beach County Agriculture Three Single-Family Residences &
Residential (AR) Three Vacant Lots
North: North of the subject property, has a City Land Use Designation of GC (general
Commercial) and is zoned PC (Planed Commercial). The property is developed and contains
a shopping center (Babies "R" Us Plaza).
South: To the south, across the L-34 Canal, has a Palm Beach County land use designation
LD (Low Density Residential) and an advisory City Land Use designation of Low Density
Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The
existing land use is a single family subdivision known as Country Club Acres.
West: The abutting property to the west has a Palm Beach County land use designation of
HR-8 with an advisory City land use designation of Transitional and is zoned AR (Agricultural
Residential). The existing land uses are three single family residences and three vacant lots,
East: East of the property has a City land use designation of MD (Medium density Residential)
5-12 du/ac) and is zoned RM-8 (Medium density Residential - 8 du/ac). The property is
currently vacant.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning
districts which accommodate Single family and multiple family units (R-1 thru R-1-AAA, RL,
PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM
(Medium Density Residential). This zoning is consistent with the proposed land use
designation.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 4
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
D Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed In the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Medium Density Residential (RM)
zoning district is consistent with the proposed Medium Density Residential (MD) FLUM
designation, Multiple-family townhouse developments are allowed in an RM zoning district
as a permitted use at a base rate of six (6) units per acre. Increases above that density
are only allowed if the subsequent development substantially complies with the
performance standards listed In LDR Section 44.6(1), Based on the above, positive
findings can be made with respect to FLUM consistency.
D Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from HR-8 to MD on six adjoining
parcels, which total approximately 4.861 acres. The proposed FLUM Amendment will
result in an increased impact on adopted concurrency standards. Concurrency findings
with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer
are discussed below'
Parks and Recreation: The annexation of the property to accommodate a town house
development will create an additional impact on park and recreational facilities. The
proposed RM-8 zoning district will allow a maximum of 58 dwelling units. Pursuant to Land
Development Regulations (LDR) Section 5,3.2, a park impact fee of $500,00 per dwelling
unit will be collected prior to issuance of a building permit for each unit. Based upon the
proposed FLUM Amendment and Rezoning, the maximum allowable density (12 du/ac)
would allow 58 dwelling units, thus requiring a park impact fee of $29,000.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District has
approved the development proposal for compliance with the adopted Level of Service for
School Concurrency.
Solid Waste: The subject properties are presently vacant and therefore currently have no
impact on this level of service standard. Assuming the proposed maximum density (12
du/ac), the subject properties will generate 30.16 tons of solid waste per year
(0.52x58=30,16). The increase can be accommodated by existing facilities and thus, will
not have a significant impact on this level of service standard.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the southeast corner of the
abutting shopping center to the North (Points West Plaza), With future development of this
property, looping of these systems as well as 8" main extensions and stub outs to adjacent
properties will be reqUired, Along the new mains, fire hydrants will have to be installed with
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 5
a minimum spacing of 300' feet if the proposed town houses are constructed as a 3 story
structures, or a 400 feet spacing for multi-family structures up to 2 stories high, Pursuant
to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment
Plant at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force main along
the west side of Military Trail. With future development, the installation of a lift station and
sewer main extensions to the west property line will be required. The lift station must be
designed to accommodate future developments to the west (approx. 6 acres), Country
Club Acres to the south is served by county services, The City Will participate in the
increased cost associate with sizing the lift station to accommodate future flows. Pursuant
to the Comprehensive Plan, treatment capacity is available at the South Central County
Waste Water Treatment Plant for the City at bUild-out.
D Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposal involves annexation of unincorporated property which requires changing the
FLUM designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows residential (single and
multiple family, offices and retail) As the City's FLUM designation is being applied this
policy does not apply. However, it is noted that the RM designation would allow a greater
maximum density (12 du/ac) than IS currently allow under the county designation of (HR-8)
which is 8 du/ac. Further more given the adjacent land use patterns and density, a
maximum density of 12 du/ac is not compatible. It is recommended later in this report that
a zoning suffix limiting the maximum development to 8 du/ac is more compatible and
appropriate
Housing Element Policv 8-2.2: The development of new adult oriented communities
within the city is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 or 4 bedroom units and activity areas for children
--~--~--
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 6
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for projects having
fewer than 25 units.
The subject property (4.86 acres) will be combined with the 7.81 acre (Mil-Atlantic Lot "A"
and "B") site (located to the east) to accommodate a 12.491 acre town house development.
The properties extensive frontage along Military Trail along with the depth provided by the
six (6) Gramercy parcels (subject of this annexation) is an appropriate location for a multi-
family development. Provided that the future townhouse development accommodates
households with a range of ages, with an activity area for toddlers and teens, and a varied
combination of bedrooms positive findings can be made with respect to this policy.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complimentary to the adjacent residential areas, Under
the MD FLUM designation, a range of 6 to 12 du/ac is allowed, As previously stated and
further discussed under the Zoning Analysis section of the report, development at the
maximum density is not complementary to the adjacent land uses. If a suffix is added to
the zoning designation (RM-8) limiting the maximum development to 8 units per acre,
similar to the properties along Military Trail and adjacent multifamily residential properties
in the area, a positive finding can be made. The property IS bound on the south by the
LWDD L-34 Canal, and the north is the Points West Plaza, The requested RM zoning if
limited to a maximum of 8 du/ac would be similar to properties to the east and west
(Coconut Key). The property immediately to the west is currently designated by the City
with an advisory TRN (Transitional) land use designation and will probably be developed
under similar regulations and densities as proposed RM-8 for this subject property. It is
noted to the west of these unincorporated parcels are city parcels limited to 8 du/ac. The
existing single family subdivision located to the south has a designated land use of LD
(Low Density residential). The subdivision is separated by the LWDD L-34 canal and
landscape buffering will have to be provided around the perimeter of the subject property to
mitigate any potential impacts.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, if limited to a maximum density of 8 du/ac this designation will be
compatible with adjacent development patterns. Homeownership is a characteristic of this
designation. Consequently, compatibility with the abutting low density residential properties
to the south (Country Club Acres) and west (Breezy Acres) is not a major concern. With
development of the site as a town house development, the City requires that trees must be
installed every 25' along the south and west property line abutting single family residences.
This along with other LOR requirements will assure compatibility with surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 7
During the site plan review process the development proposal will be reviewed for
compliance with the LOR. The applicant has indicated intent to develop the properties as a
multiple-family townhouse development, which is permitted under the requested RM zoning
district and IS compatible with the proposed MD FLUM designation. At this time no issues
have been identified which would prohibit compliance with the requirements of the RM
zoning district. Buffering particularly with respect to the adjacent single family area to the
south will be required.
I ANNEXA liON ANALYSIS I
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality", Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves",
Pursuant to F.S. 171,031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the mUnicipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City, Thus, the total 10 acres is currently an enclave. This action will reduce
this enclave which is consistent with Florida Statutes. As the remaining enclave now
will be under 10 acres the City in the near future will implement an interlocal
agreement with Palm Beach County and annex the balance of this enclave,
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the west side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunitIes arise,
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the manner in which they will be provided,
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 8
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7, Zone 7 IS bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south One officer is assigned to a particular zone dUring a shift (three shifts per day). The
City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time is
significantly improved upon annexation. Annexation will not require additional manpower
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2,5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water, sewer, schools, Parks and recreation have
previously been discussed under Future Land Use Analysis section of this report
Streets: Access to the property is currently from Atlantic Avenue through the Points West
Plaza to the north which connects through a private access tract with cross access
easements. The applicant has indicated that upon approval of the annexation, the subject
property will be combined with Lot "A" and Lot liB" of the Mil-Atlantic properties to the east and
a site plan application will be submitted for a town house development. Thereafter, the
subject property will have direct access to Military Trail which is under the jurisdiction of Palm
Beach County. The jurisdictional responsibility and associated road maintenance will not
change upon annexation. It is further noted that an access tract is dedicated along the north
of the Mil-Atlantic parcels to provide future access to the parcels that remain in the County.
Access to these parcels must be accommodated with future development of these parcels.
A traffic study has been submitted based upon the maximum number of residential units
allowed under RM (12 du/ac) which would be 58 units (4,86 x 12=58) generating 406 trips per
day (58x7=406). The maximum increase in daily traffic generation due to the requested land
use designation change from 8 du/ac to 12 maximum is 137 (4x4.86x7=137),
A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic
Division for review. A letter from the Palm Beach County Traffic Division stating that the
proposal complies with the Palm Beach County Traffic Performance Standards Ordinance
must be received and is attached as a condition of approval. It is anticipated that the
proposal will meet traffic concurrency standards. Based upon the above condition of approval
being addressed, a positive finding with respect to traffic concurrency can be made.
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 9
PARCEL ASSESSED ADVALOREM NON-ADVALOREM TOTAL COUNTY
# VALUE 2004 TAXES TAXES TAXES MILLAGE
5040 $78,576 00 $1,533.00 $33 00 1,566.00 19.5098
5050 $44,304,00 $864 00 $33.00 897.00 19.5016
5060 $81,084 00 $1,58200 $33.00 1,615.00 19.5106
5070 $81,08400 $1,58200 $33 00 1,615.00 19 5106
5080 $139,94700 $2,730,00 $234.00 2,964.00 19.5074
5650 $64,466 00 $1,25700 $224.00 1,481,00 19.4987
TOTAL $489,461.00 $9,548.00 $590.00 10,138.00
For the 2003 tax year the subject property (six parcels) had a combined assessed value of
$489,461 With the change from County to City jurisdiction, the following taxes and rates will
be affected:
ADVALOREM With
TAXES Annexation
Fire/Rescue MSTU 251 142 259 259 448 206 1566 3 1990 DELETE
Palm Beach County Lib 42 24 44 44 76 35 264 o 5403 DELETE
Palm Beach Co Lib Debt 3 2 3 3 6 3 20 0.0404 DELETE
Children Service CounCil 54 31 56 56 97 44 338 0.6902
Health Care Dlstnct 86 49 89 89 154 71 538 1.1 000
Palm Beach County 354 199 365 365 630 290 2203 4.5000
Palm Beach County Debt 21 12 22 22 37 17 131 0.2677
Flonda Inland Navegatlon 3 2 3 3 5 2 19 0.0385
Public Schools Debt Serv 22 12 22 22 38 18 134 0.2740
Public Schools Loc Board 204 115 210 210 363 167 1269 2 5920
Public Schools State Law 437 247 451 451 779 359 2724 5,5660
SFWMD Dlstnct 47 26 48 48 84 38 292 0.5970
SFWMD Everglades Const 8 4 8 8 14 7 50 o 1021
City of Delray Beach 7.4661 Added (City)
City of Delray Beach Debt o 5339 Added (City)
TOTAL ....... $1,533 $864 $1,582 $1,582 $2,730 $1,258 $9,548 4.2203 Difference*
* Total tax millage in the county is 19.5072 mills while In the city the total millage is 23.7275
mills, Therefore the difference is 4.2203 mills.
The current yearly ad valorem taxes are $9,548. With annexation the yearly ad valorem taxes
will be $11,613.67, (9,548+2,065.67=11,613,67); a tax difference of $2,065.67
(489,461 x4.2203/1 000=2,065,67). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. If the property is developed as a multiple
family complex or is subdivided for residential purposes, an assessment of $54,00 per unit
would be applied. A 25% discount from the assessment is available since the property is
within the Lake Worth Drainage District. An additional 25% may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003), City's
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 10
contract is currently through Waste Management. Pursuant to Florida Statute 171,062 (4) (a)
" if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owner:
SUMMARY OF IMPACTS ON THE GRAMERCY SQUARE PROPERTY
FINANCIAL CONSIDERATIONS
AD VALOREM TAXES 2004 + $2,06567
City Mills. County Mills
23 7275 - 19.5072 = 4,2203
NON AD VALOREM TAXES 2004
Stormwater Assessment $0.00
Solid Waste Collection $0.00
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $2,065.67
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5 5
minutes (County) to 2 5 minutes (City)
Emergency Medical + Faster response from an estimated 5.5
Services (EMS) minutes (County) to 2,5 minutes (CIM
Police + Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 patrol cars dunnQ the niQht.
Code Enforcement + Pro-active vs reactive opportUnity to work
with property owners
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.4661 mills and debt
rate of 0,5339 mills, the property will generate approximately $3.915,68 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
The annexation of the property to accommodate a town house development will create an
additional Impact on park and recreational facilities, The proposed RM zoning district will
allow a maximum of 58 dwelling units. Pursuant to Land Development Regulations (LOR)
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance
of a bUilding permit for each unit. Based upon the proposed FLUM Amendment and
Rezoning, the maximum allowable density (8 du/ac) would allow 39 dwelling Units, this fee
may be reduced to $19,500,
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 11
I FISCAL IMPACT TO THE CITY I
AD VALOREM TAXES 2004
City of Delray Beach (7 37 Mills) $3,607 33
City of Delray Beach Debt (0.63 Mills) $308 36
SUB-TOTAL $3,915.69
NON-AD VALOREM TAXES
Storm Water Utility (58 Units @ $54) $3,132,00
SUB-TOTAL $7,047.69
PARK AND RECREATION IMPACT FEE
Future 58 townhouse development, $500 per unit $29,000 00
TOTAL $36,047.69
I ZONING ANALYSIS I
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below,
The proposed City zoning designation is RM (Medium Density Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: County AR to the west; City RM to the east; City PC
(Planned Commercial) to the north; and County RS (Single Family Residential) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Housina Element Policy A-3.2 - The most restrictive residential zoning district that is
applicable given existing development patterns and typical lot sizes shall be applied to
these neighborhoods and affixed to the zoning map. Requests for rezoning to a
different zoning designation, other than Community Facilities, Open Space, Open Space
and Recreation, or Conservation shall be denied.
This policy relates to areas which are designated stable residential on the Residential
Neighborhood Categorization Map, The following table identifies the neighboring residential
developments and their respective densities:
Densi
3.5 du/ac
3.4 du/ac
1 du/ac
7.93 du/ac
8.00 du/ac
4.45 du/ac
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 12
The table indicates that the surrounding single family developments are less than 4.5 dwelling
units per acre, The two multiple family developments have a density less than 8.53 dwelling
units per acre. The Legacy at Sherwood Forest development is the most recently approved
multiple family project which has a density of less than 8 dwelling units per acre, Therefore, a
rezoning of the subject property With a maximum density cap of 8 (RM-8) would be more
consistent with Housing Element Policy A-3.2 as It would be more consistent with the
development pattern in the area,
Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new residential
developments shall be designed for a balanced demographic mix of permanent year-
round residents. This shall be accomplished through the implementation of policies
from Objective B-2 of the housing element.
Housing Element Policy B-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan review process.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for Rezoning Actions): standard "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
A) The most restrictive residential zoning district that is applicable given
existing patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezoning to a different zoning designation,
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 13
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties are noted as Stabilization area on the Neighborhood
Categorization Map. The properties to the west (Coconut Key townhouse
development) are designated as Stable area on the Neighborhood Categorization
Map. Also, the properties to the south (Country Club Acres) are noted as
Stabilization. The rezoning is required with the annexation request. The proposed
RM zOning designation is not consistent with the prevailing land use patterns and a
suffix limiting the maximum density to 8 du/ac should be applied.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The initial RM zoning designation will accommodate the proposed townhouse
development. Compatibility with adjacent residential development will be directly
related to the density assigned to future development. The City's RM zoning has a
range of 6-12 Units per acre, with the maximum density determined based upon
compatibility with the surrounding properties, or application of a density suffix
through the rezoning process, The development potential of the property under the
County's HR-8 land use designation IS 39 units, which is equivalent to the maximum
allowed under the RM-8 zoning district
The rezoning of the property with a greater density than RM-8 (Medium Density
Residential 8 du/ac) would result in an incompatibility with the existing residential
development pattern of the area.
The following zoning designations and uses border the property:
Direction ZoninQ Uses
North PC Babies UR" Us Plaza
South County RS Country Club Acres
East RM-8 Vacant Land
West County AR 3 Single Family Homes & 3 Vacant Lots
The rezoning of the property to RM-8 would be the maximum density to retain
consistency with the neighborhood development pattern. This would also provide
an appropriate transition of density between the commercial use to the north of the
subject property and the adjacent single family neighborhoods, Thus, it is
appropriate to apply the subject property the density suffix of 8 units per acre.
The RM zoning requires a 15' (side interior) and a 25' front and rear building
setback, Since the property may be developed as a townhouse development, trees
will have to be planted every 25' within the landscape strips abutting the single
family residences located to the west and south of the property.
~- --- -- --
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 14
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied The RM-8 is appropriate as it
is consistent with the County HR-8 and the proposed City Medium Density Residential 5-12
du/ac land use designations, Also, these FLUM and zoning designations are consistent with
those granted with the annexation of the property to the east In 1998.
Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The requested zoning is of similar intensity as allowed under the
proposed City MD land use designation. Given the property's location the RM-8 zoning is
more appropriate for the property than the Current County zoning designation of AR
(Agricultural Residential). Based upon the above, thiS request does fulfill two of the reasons
identified under LDR Section 2.4.5(D) (5).
I OTHER ITEMS I
Access Easement
The subject property abuts a residential area to the west consisting of 6 lots, which are located
south of the Points West Plaza shopping center, The single family homes obtain access by
traveling through the parking lot of the shopping center, which fronts in Atlantic Avenue, This
tortuous access makes it difficult for emergency vehicles to access the area in a timely
manner. With the development of the Gramercy property (combined with the Mil-Atlantic Lots
"A' and "B" to the east and south), an easement will be required along the north portion of the
property to allow direct access from Military Trail to the subdivision.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 15
I REVIEW BY OTHERS I
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA),
Palm Beach County Notice:
On September 9, 2004 the Palm Beach County Planning Division was notified of the City's
intent to annex this property.
Lake Worth Drainaae District:
On September 17,2004 Lake Worth Drainage District was notified of the City's intent to annex
this property,
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Country Club Acres
o Greensward Village Condominium
o Hamlet Residents Association
o High Point
o PROD (Progressive Residents of Delray)
o Sherwood Forest
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Attached is a letter of objection from an adjacent single property resident. Additional
letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
I ASSESMENT AND CONCLUSION I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The requested Medium Density
Residential 5-12 du/ac Future land Use Map designation is less intense than the development
that is allowed under the current City advisory designation of Transitional. The application of
an initial zoning designation of RM if limited to 8 units per acre is consistent with proposed
FLUM designation, and with the action previously approved for the property to the east.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 16
The annexation Will provide with better Police, Fire, EMS and Code Enforcement services.
The property will experience a slight increase in ad valorem taxes. Upon development of the
property for residential purposes, storm water assessment fees will be imposed.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $3,915.68, a year. With development of the
property, infrastructure improvements which include water and sewer main extensions to the
west side of Military Trail, and the Installation of a lift station Will offset the costs of providing
these services to the residents to the west.
If the annexation is approved, it IS anticipated that a site and development plan will be
submitted. Compatibility of a specific development proposal with the adjacent developments
will be addressed with the review of a site plan development request. Based upon the above,
the proposed Annexation, Future Land Use Map Amendment and associated Rezoning
application should be approved,
I AL TERNA TIVE ACTIONS ~
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium DenSity Residential 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4 5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations, subject to the following condition:
. That a letter from the Palm Beach County Traffic Division is received stating that
the proposal complies with the Palm Beach County Traffic Performance
Standards Ordinance.
C, Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM (Medium Density Residential) for the subject property,
by adopting the findings of fact and law contained In the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2 2 of the Land Development
Regulations, subject to the following condition:
D. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM (Medium Density Residential) for the subject property,
by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent With the Comprehensive Plan, and does not meet the criteria set
forth in Sections 2.4.5(0) (5), 3.1.1 and 3,2.2 of the Land Development Regulations.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 17
I RECOMMENDED ACTION I
Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and the
initial zoning designation of RM-8 (Medium Density Residential RM - 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in
Sections 2.4,5(0) (5), 3.1.1 and 3,2,2 of the Land Development Regulations,
Attachments. Location Map and Survey
Staff Report Prepared by' Estelio Breto, Senior Planner
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N GRAMERCY
- - EXISTING ZONING DESIGNATIONS -
CITY ~ OEtRA Y BE"'CH, fL FUTURE lAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENTW-) TO CITY Me (MEDIUM DENSITY
PL"-NNING &: ZONING OEPAATUENT RESIDENTIAL. 5-12 UNITS PER ACRE) AND ANNEXATION WITH INITAl CITY ZONING OF RM (MEDIUM DENSITY RESIDENTIAL)
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14 September 2004
Planning & Zoning Department
City Hall
100 NW 1st Avenue
Delray Beach, FL 3344
Attn: Estelio Breto
Ref: Proposed Annexation, Future Land Use--File# 2004-291 & 2004-292
Board Meeting September 27, 2004
Mr. Breto:
We are writing to express concerns we have for rezoning the 5-acre parcel noted in your advisory. We
live on the property adjacent to this land and we have the following concerns:
. This proposal leaves our properties !9tally land locked by the City ofDelray Beac~us .
decreasing the value of our property. Our property was more desirable to builders as a 10-acre plot
located in one municipality, instead of your proposal to make 5-acres City and 5-acres County.
. Unacceptable access to our property originally granted by the County, We currently have to
access our properties via the Points West Plaza. (Note: These building are only feet off our
roadway.)
0 Roadway frequently blocked by vehicles loading/unloading to the businesses.
0 We know of three instances when emergency vehicles could not arrive in a timely manner
due to the round about way you have to access our property.
. Flooding, When the development is built the property will be raised making us more susceptible
to flooding. As it stand now our roadways flood due to rain water run off from the shopping
center.
We have attended meetings in the past, such as Coconut Key, a sub-division adjacent to us on the west
side. We expressed concerns about flooding and security, we were promised a fence and a fast growing
hedge. To date, there is neither a fence nor hedge installed.
In addition you mayor may not be aware that we were also under contract with Home Devco, the same
builder that is requesting this annexation. 1hey backed out just hours before the contract was suppose to
go hard. We feel this annexation request may be a deliberate ploy to lower our land value and limit the
access so as to make it undesirable to any builder other than Home Devco.
Further we received a letter from Anderson & Carr, a property appraiser hired by the City ofDelray,
because the City is interested in acquiring this land (including the portion you are considering for
annexation) for a park. Is this still a consideration?
i --over-
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,
We are hereby giving notice that we may contest actions taken by the City of Delray Beach at this
meeting on September 27 and ask in advance for a copy of the minutes as soon as they can be made
available.
We thank you in advance for your consideration of our concerns.
I Regards,
I
,
,
~J~? '~- ~
ROger~s.
b~,~
Barbara Robbins
I
------
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJJu\.
SUBJECT: AGENDA ITEM # \of>- REGULAR MEETING OF NOVEMBER 16.2004
ORDINANCE NO. 59-04
DATE: NOVEMBER 12,2004
This Ordinance is before City Commission for second reading and second public hearing for a City
initiated amendment to Land Development Regulations (LDR), 4.3.4(K) "Development Standards
Matrix" to provide for a change in the minimum building setbacks and Section 4.4,24, "Old School
Square Historic Arts District" (OSSHAD), to provide for changes to the Principal Uses, Accessory
Uses, Conditional Uses, Review and Approval Process, Development Standards and Special District
Regulations to regulate development size, massing, and scale.
The proposed text amendment will allow no more than two residential units in a mixed use structure,
The LDR change will also clarify that multiple family structures and townhouses are not currendy
permitted in the district, while not preventing residential uses in a mixed-use structure in a manner
more consistent with the neighborhood. The amendment also limits the width of a building fronting
a street to 60' and requires a minimum separation of 15' between buildings fronting a street for a
development site that contains more than one structure. These regulations will not apply to the Old
School Square Cultural Arts Center or the properties that are subject to the CBD (Central Business
District) regulations, except that the amendment will not allow a building height in excess of 48' on
OSSHAD zoned properties subject to the CBD regulations,
The Planning and Zoning Board held a public hearing regarding this item, There were two members
of the public who spoke in opposition to the amendment, One person owned two (2) properties and
was concerned that he could not add additional units on the property. He was informed that multiple
family structures are currendy not allowed and the amendment will provide clarification to that affect,
A representative of Dharma Properties (owner of Sundy House and adjacent properties) expressed
concerns with limiting the width of the structures fronting a street and felt that existing historic
structures could not be constructed based on the proposed amendment, After discussing the
amendment, the Board voted 5-1 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M) (Amendment to the Land Development Regulations),
At the first reading on November 2, 2004, the Commission passed Ordinance No. 59-04.
Recommend approval of Ordinance No, 59-04 on second and final reading.
S:\Clty Clerk\agenda memos.Ord 59,04.0SSHAD Amendmg 4.3.4(K) & 4.4.241116.04
--
.7\
l'?1
CITY COMMISSION DOCOIVlENTA nON
TO: DAVID T. HA CI ~~
THRU: PAUL DORLI G, DIRECT OF ANNING AND ZONING
FROM: JEFFREY A. COSTELLO, ASSI NT PLANNING DIRECT
SUBJECT: MEETING OF NOVEMBER 2, 2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LDR SECTIONS
4.3.4(K) AND 4.4.24 REGARDING THE OSSHAD ZONING DISTRICT
REGULATIONS.
I BACKGROUND I
The City Commission has raised concerns that the current Old School Square Historic Arts District
(OSSHAD) zoning district regulations do not adequately discourage development/redevelopment
which could negatively impact the character of the District. Staff was directed to study the Old
School Square Historic Arts District (OSSHAD) zoning district regulations and make revisions to
the district regulations that would ensure the character of the district is preserved.
The proposed text amendment will allow no more than two residential units in a mixed use
structure. The LDR change will also clarify that multiple family structures and townhouses are not
currently permitted in the district, while not preventing residential uses in a mixed-use structure in a
manner more consistent with the neighborhood. To this end, the amendment also limits the width
of a building fronting a street to 60' and requires a minimum separation of 15' between buildings
fronting a street for a development site that contains more than one structure. These dimenSions
have been selected as it reflects the prominent development pattern given the average lot Width of
75' and requires side setbacks of 7%' within the district. In order to accommodate massing and
scale appropriate to the district, the floor area for the third floor shall be no more than 50% of the
second floor area and the building setbacks or planes of the fayade shall be offset and varied to
provide visual relief. It is noted, this LDR amendment also provides for clarifications to uses as well
as minor corrections to the text of the OSSHAD regulations. These regulations will not apply to the
Old School Square Cultural Arts Center or the properties that are subject to the CBD (Central
Business District) regulations, except that the amendment will not allow a building height in excess
of 48' on OSSHAD zoned properties subject to the CBD regulations.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan, As indicated in the attached staff report, the proposed text amendment
will further the Goals, Objectives, and Policies of the Comprehensive Plan, as well as the purpose
and intent of the OSSHAD zoning district. Additional background and a detailed analysis of the text
amendment are provided in the attached Planning and Zoning Board staff report of October 18,
2004.
I PLANNING AND ZONING BOARD CONSIDERATION . ~
The Planning and Zoning Board held a public hearing regarding this item at its meeting of October
18, 2004. There were two members of the public who spoke in opposition to the amendment One
person owned two properties and was concerned that he could not add additional units on the
property as a result of the amendment. He was informed that multiple family structures are
currently not allowed and the amendment will provide clarification to that affect. A representative
of Dharma properties (owner of Sundy House and adjacent properties) expressed concerns with
limiting the width of the structures fronting a street and felt that existing histOriC structures could not
\C)t\
-
City Commission Documentation
Meeting of November 2, 2004
LDR Amendment - City-initiated OSSHAD text amendment
Page 2
be constructed based on the proposed amendment. After discussing the amendment, the Board
voted 5-1 (Pike dissenting, Krall absent) to recommend to the City Commission approval of the
proposed amendment by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
I RECOMMENDED ACTION I
By motion, move to approve the amendment to LOR Sections 4.3.4(K) and 4.4,24 and by adopting
the findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth In Section 2 4.5(M) of the Land
Development Regulations, with second reading to occur on November 16, 2004.
Attachment. Proposed Ordinance & Planning & Zoning Board Staff Report of October 18, 2004
----
ORDINANCE NO. 59-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 4,3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4,24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE PRINCIPAL
USES, ACCESSORY USES, CONDITIONAL USES, REVIEW AND
APPROVAL PROCESS, DEVELOPMENT STANDARDS AND SPECIAL
DISTRICT REGULATIONS IN ORDER TO HELP REGULATE
DEVELOPMENT SIZE, MASSING AND SCALE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on , and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163,3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4,3.4, "Base District Development Standards", Subsection 4,3.4(K),
"Development Standards Matrix", "Nonresidential Zoning District Matrix" of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Flonda, be and
the same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards:
(K) Development Standards Matrix: The following matrices set forth the minimum
and maximum development standards for each zoning district subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4,3.4.
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Section 2. That Section 4.4.24, "Old School Square Historic Arts District", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(A) Pmpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a
mixed use district which is intended to:
(1) Provide for mixed uses of residential, office, and commercial activities, with an
emphasis on the arts, that will encourage the restoration or preservation of historic
structures and, yet, maintain and enhance the historic and pedestrian scale of the area;
(2) Stimulate greater awareness and pride in the City's architectural heritage, and create an
atmosphere and feeling of "Old Delray Beach";
(3) Improve the environmental quality and overall livability of this Historic District and
stabilize and improve property value therein, and;
(4) Allow uses which promote preservation and adaptive reuse of all structures within the
District.
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Resieeatial uses of sSingle family detached dwellings~ aae l:hiplexe3,
(2) Duplex structures,
(~J) Business, Professional, Medical and Governmental Offices.
(31) Retail sales through specialty shops (single purpose businesses) such as: bath
shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops.
excluding liquor stores. convenience stores and drug stores,
(4.2) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as antiques,
ORDINANCE NO. 59-04
collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(;Q) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and philanthropic
institutions,
(6'I) Restaurants of a sit down nature such as a cafe, snack shop, full service
dining but excluding any drive-in and/or drive-through facilities or features.
(+,8) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(82) Bed and Breakfast Inns.
(910) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H),
(Mil) Group Home, Type 1, pursuant to restrictions set forth in Section 4,3,3(1),
(H 12) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special regulations prO".-i3ioa3 of the Central
Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Uses and Structures Permitted: The following uses are allowed when
a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home
occupations,
(2) On a parcel that has as its principal use a non-residential use, there may be
oae 3ifl.-gl:e family te3iaeaee no more than two residential units, either within a separate structure or
within a structure housing a non-residential use, prO"Jided that oae of the 3imaeoa3 ex13ts:
ORDINANCE NO. 59-04
(a) The resideaee is oeetlf'ietl by the OWfler, l'ropftetof, or empleyee of a
busiaess eaterpftse eoadtIeted on the property; or,
(b) The busiaess is O'Waed, or operated, by the owaer of the pared; or,
(e) The resideaee ~ oeetlf'ied by the OWfter of the pared.
(3) Family Day Care
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a restaurant or
business use, provided the operation of the outdoor dining area is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(1) The extsteaee of more thlla one resitkatial lise oa a pMed UpOft whieh there
is mixed lise (resideRtialllad aoa residential u3age). More thaft oae re3:ideRtial unit may be loeated
within a mixed use stmemre.
(2) Oa a pared that hllS as its prin~al li3e a aOR resideRtial use, resideatiti use
whieh oeel:lf:S other taaa 8:3 prCY.rlded for in Soosectioa (C) (2).
(~1) Outdoor dining which operates at night or which is the principal use or
purpose of the associated restaurant.
(42) Adult Congregate Living Facilities, 1.1eohol llfia Drug 1.blise Treatmeat
Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D),
Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes.
(~J) Parking lots not associated with a use.
(61) Residential-type inns, not to exceed more than eighteen (18) individually
leased suites or rooms per acre.
F.2) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(E) Review and Ap.ptoval Process:
ORDINANCE NO. 59-04
(1) All principal uses and accessory uses thereto, which do not require a permit
for extemal motlifieatfofts shall be allowed upon application for occupational to, and approval by,
the Chief Building Official.
(2) Structures which require a building permit for external work must receive
approval from the Historic Preservation Board. or the Director of Planning and Zoning or designee.
as applicable. through the issuance of a Certificate of Appropriateness.
(3) For new development, or a change in use which results in the requirement to
provide additional parking,. approval must be granted from the Historic Preservation Board pursuant
to Sections 2.4.5 (HE), (GID, and (HI).
(4) Conditional uses must be approved pursuant to Section 2.4.5~E). Prior to
action by the Planning and Zoning Board, the conditional use request must be reviewed by the
Historic Preservation Board with a recommendation forwarded by diem. to the Planning and
Zoning Board.
(F) Development Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except fef as modified below:
(1) The following locations shall be subject to the development standards of the
CBD Zone District. excluding exceptions to height limitations provided in Section 4.3.4(1)(4):
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following location shall be subject to the development standards of the
GC zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the
Banker's Row Development Plan, whichever is more permissive.
(4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old
School Square Cultural Arts Complex. the maximum width of a building fronting a street shall be
limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a
development site that contains more than one structure.
ORDINANCE NO. 59-04
---~~-
(5) The floor area for the third floor shall be limited to 50% of the second floor area
and the building setbacks or planes of the fas:ade are offset and varied to provide visual relief.
(6) Notwithstanding the provisions of Section 4.4.24(F)(4). or elsewhere in this
code. residential-type inn developments. shall be permitted to:
(a) Connect adjacent on-site buildings using all-weather. covered walkways.
that are constructed of not less than 70% vertical transparent glass or similar
material. Said walkways shall be on the ground floor only. shall be located
not closer than 15 feet from the front building face. and may be joined to
elevators. lobbies. or accessory use facilities permitted herein:
(G) SURplemental District Regulations: Supplemental district regulations as set forth
in Article 4.6, except as modified herein, apply:
(1) Parcels located along N .E. 1 st A venue between N .E. 2nd Street and N .E. 3rd
Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental
District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan,
whichever is more permissive.
(2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not
apply.
(3) All parking, except for single family homes and duplexes, shall be located in
the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between
any street and the closest building or structure. Where there are existing buildings or structures, the
Historic Preservation Board may waive this requirement during the site plan review process,
provided that it is determined that compliance is not feasible and that the character of the area will
be maintained. If approved, such parking shall be substantially screened from off-premises view by a
hedge or decorative fencing.
(4) Parking Requirements:
(a) All non-residential uses, with the exception of restaurants, shall provide one
parking space per 300 sq. ft. of total new or existing floor area being converted to
non-residential use. Tlus requirement may be reduced to one parking space per
400 sq. ft. of total floor area, or by at least one space, where there is a mix of
residential and non-residential use in the same structure.
(b) Restaurants shall provide six spaces per one thousand square feet of total new or
existing floor area being converted to restaurant use.
ORDINANCE NO. 59-04
(c) Residential-type inns shall provide one parking space per guest room/unit. Other
accessory uses shall be calculated separately based upon square footage of the use
area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above.
(5) If it is impossible or inappropriate to provide required parking on-site or off-
site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9 (E) (3) may be
collected. For the purpose of this provision, "inappropriateness" may be considered in relationship
to the historic character of this zone district.
(6) When the parking requirements of Section 4.6.9(C) are applied to either new
development, expansion of an existing use or a change in use, which results in the requirement of
only one new parking space, a one space exemption shall be allowed. This exemption may only
occur once per property.
(H) Special District R~g:ulations:
(1) Residential units within a structure containing permitted non-residential
use(s) shall not use more than 50% of the gross floor area of the structure within which they are
located.
(2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD
District as expressed by the exclusive use of individual parcels, other than condominium
ownerships. The existence of an occupational hcense, except for one issued for a home occupation,
shall establish that such a parcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near
the subject property.
(4) A residential-type inn shall be associated with an historic structure and must
be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not
have overnight storage of more than two vehicles, which shall not exceed 1-1/2 ton capacity.
(6) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
(7) Duplex structures must have an integrated design to give the appearance of a
single family dwelling.
ORDINANCE NO. 59-04
---
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,20_.
ATTEST MAYOR
Acting City Clerk
First Reading
Second Reading
ORDINANCE NO. 59-04
,
..
The Law Offices of OFFICE ADDRESS PETER L. BRETON
MoYLE 625 NORTH FLAGLER DRIVE, 9TH FLOOR DA."IEL R. DOoRAKIAN
JOHN R EUBANKS, JR.
WEST PALM BEACH, FLORIDA 33401-4025 JOH:" F. FLANIGAN
FLANIGAN WILLIAM H. HOLLIMON
POST OFFICE DELIVERY MARTINV KATZ
POST OFFICE Box 3888 (ZIP 33402-3888) JESSICA L. KOCH
KATz PAUL A KRASKER
WEST PALM BEACH, FLORIDA 33402-3888 FRANOSX.J LYNCH
JON C. MOYLE
RAYMOND JON c. MOYLE, JR.
TELEPHONE (561) 659-7500 PAULJ. NICOLE1TI
FACSIMILE (561) 659-1789 MARSHALL J. OSOFSKY
&SHEEHAN MARK E. RAYMOND
THOMAS A SHEEHAN, III
OTHER OFFICE' DIANA K. SHUMANS
ROBERT J SNIFFEN
:P.A. TALLAHASSEE MARTA M. SVAREz-MURlAS
WELLINGTON WILTON L. WHITE
WRITER'S DIRECT LINE: OF COUNSEL
(561) 822-0388 DANIEL K. CORBElT
THOMAS A. HICKEY
WILUAMJ.PAYNE
RONALD WITKOWSKI
November 16,2004
Hon. Jeff Perlman, Mayor and
Members of the City Commission
City of Del ray Beach
100 N.W. Is1 Avenue
Delray Beach, FL 33444-2698
Re: Amendment to OSSHAD District Zoning Ordinance
Dear Mayor and Members of the Commission:
As you are aware, I represent Dharma Properties, Inc., along with John F. Romano, of
Romano Eriksen & Cronin, P.A. During the past couple of months we have been working with
your staff and have attended Planning & Zoning Board, and City Commission meetings in an
effort to assist the City in developing amendments to the OS SHAD Zoning Ordinance that are
both effective for the City, and workable for developers. In all but one area, we have been able
to achieve that goal. However, the one outstanding item has a profound effect upon our client's
ability to use its property, and we strongly object to the ordinance as it is currently proposed.
Under the current OSSHAD ordinance there is no specific limitation upon a street front
building width. The proposed amendment in Ordinance No. 59-04 limits building width to 60
feet. This width certainly fits on a standard 75 foot wide building lot, but for a developer that
aggregates those lots into a larger parcel, it is a catastrophic design limitation. This amendment
also fails to consider the many individual parcels of land that are larger than a single residential
lot.
The OSSHAD zoning also includes mixed-uses, and therefore the City Commission has
already recognized and approved numerous other buildings wider than 60' since that zoning was
created.
~~ \1).~
,
.,
Mayor Jeff Perlman and the City Commission
November 16, 2004
Page 2
One possible way to deal with the 60' width (not already explored with the staff) is to
provide for certain, limited and proportional increases in width. For instance, if properties are
combined, and larger than 1/2 acre, then the width might be increased by 25% (15' more or 75'),
and if over 1 acre by 50% ( 30' more or 90'). This would help create a more flexible layout.
We also believe there are additional inherent pitfalls in this 60 foot provision for the City.
The proposed ordinance states, in part, at Section (F)(4):
. . . the maximum width of a buildina frontina a street shall be limited to 60'
~md shall have a minimum separation of 15' between buildings fronting a
street In a development Site that contains more than one structure
The ordinance does not consider that a developer could theoretically have a building
design, the smallest side of which is 60' on the street front. For instance, imagine a polygon
shape or a triangle, the street front of which is 60' wide. Or... picture a lot 75 feet wide x 150
feet deep, with a building oriented 60 feet wide and 120 feet deep. If this is done over and over,
down the block by a developer (as the proposed ordinance entices a developer to do) it is an
absurd result. It would render a barracks-like effect... all for the sake of trying to meet the 60
foot requirement.
Without more descriptive language, the proposed section is vague, can not be reasonably
and uniformly applied, or if uniformly applied may result in absurd developments; it may grant
overbroad discretion to the staff, and may constitute a reverse spot zoning, along with other legal
ills. Adoption, as drafted is therefore discriminatory and prejudicial to our client and may result
in legal action against the City.
We are asking you to postpone Second Reading of Ordinance No. 59-04, to a time
certain, far enough out to allow us to work with the staff and provide additional amendment to
this ordinance. Thank you.
Very truly yours,
Dig;tally signed by Paul J N,_',
Paul J. ON CN==PaulJ NicoIetb.C-
us. 0 . Moyle Flanlg8n Katz
Raymond & Sheehan, P A
Nicoletti Reason I am the author of thiS
.roa.menl
Date 2004'1181330 12 -05"00'
PAUL 1. NICOLETTI
Cc:
John Szerdi, AIA
John F. Romano, Esquire
G \04476\11l1r 10 Mayor & cuy Conumss,OIl Ie Ord 59-04 doc
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l7JU1
SUBJECT: AGENDA ITEM # \ 0 ~ - REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 49-04
DATE: NOVEMBER 12, 2004
This is second reading and second public hearing for ordinance No. 49-04 amending Chapter 2,
"Administrative Provisions", of the Land Development Regulations by amending Section 2.4.6(H),
"Temporary Use Permit" regarding horse drawn carriages to allow the use of horse drawn carriages
(for special events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season.
The proposed amendment will allow horse drawn carnage rides for certain special events including
but not limited to weddings if the owner/operator enters into a license agreement with the City. The
license agreement would identify specific terms and times. Horse drawn carriage special event rides
would not be permitted before 6:00 p.m. or after 10:00 p.m. from June 1st through November 1st for
all special events except for weddings which are also allowed to occur between the hours of 8:00 a.m.
and 12:00 noon from June 1st through November 151. This restriction would assure that the rides
would not be conducted between the hottest parts of the day.
Attached, please find a letter from Rebecca Learman, President of Horse Drawn Carriages, Inc., in
which she suggests limiting summer events booked before 7:00 p.m. to 1 % hours instead of limiting
the time of day. According to Ms. Learman, most weddings take place in mid to late afternoon (4:00
p.m.) and July is traditionally a popular wedding month. This would allow Horse Drawn Carriages,
Inc. to accommodate their customers and it would be easy work for any carriage horse.
At the first reading on November 2,2004, the Commission passed Ordinance No. 49-04.
Recommend approval of Ordinance No. 49-04 on second and final reading.
S:\Clty Clerk\agenda memos Ord 49.04.Horse Drawn Carnage Rtdes, Speaal Events 11 1604
. FAX NO. :561 333 0920 Nov. 05 2004 10:59AM p~
FROM :Horse Drawn CarrlageS
.
~C
.
,
1..
Rebecca Leannan . Horse Drawn Carriages. Inc. . 11715 Sunset BI>.td . WPB. FL 33411
Jon Levinson, ~r:CEIVED
City ofDeltay Beach Commissioners 1ml r - 2004
~ ~ 1
lOONW 1st Ave ~';trY r:,.'l"\NAG~l~
Delray Beach. Fl 33444
November 2~ 2004
re: Swnmer hours
Again, Thank you for your concern for the welfare of horses working in Dekay Beach. I
understand the citfs need to regulate their activity during summer events such as
weddings.
Although I work all of Palm Beach County and Martin and Broward, Delray Beach is
very important to me.
We will be on The A venue during the Season and many DeIray brides-to-be will fall in
love with my carriages and book a wedding. Some of these will be during the summer
months. July is traditionally a popular wedding month.
Because most weddings take place in the mid to late afternoon (4:00pm). I would like to
suggest limiting summer events booked before 7:00pm to 1 ~ hoors instead of limiting
the time of day.
This would be easy work for any carriage horse and would allow us to accommodate
these brides' and grooms' special day.
Thank you for YOUl' consideration.
Rebecca Learman
~'1 -~~.
Horse Drawn Carriag~ Inc.
-
o~
~1
I CITY COMMISSION DOCUMENTATION'" I
TO: DAVI~~.e-GER
FROM: PAUL DORLlNG, IRECT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBE , 2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6(H)(3) "REGULATIONS AND
RESTRICTIONS" BY ADDING SUBSECTION 2.4.6(H)(3)(d)(2), ALLOWING
HORSE DRAWN CARRIAGE RIDES FOR SPECIAL EVENTS IF THE
OPERATOR HAS A LICENSE AGREEMENT APPROVED BY THE CITY
COMMISSION AND PROVIDING LIMITED HOURS IN THE SUMMER
SEASON.
;
~ BACKGROUND I
At its meeting of November 4, 2003 the City Commission approved an amendment to the
Land Development Regulations regarding Section 2 4.6.(H) adding "Horse Drawn Carriage
Rides, Ice Skating Rink, Carousal, and Other Related Holiday, Seasonal/ Temporary Uses"
as one of the temporary use categories allowed under LDR Section 2.4.6 (H). This
amendment further imposed regulations and restrictions under a new sub paragraph 2.4.6
(H)(3)(d) which reqUires these uses to be sponsored by the City, Community Redevelopment
Agency, the Downtown Joint Venture or other agency which is formulated for the purposes of
economic development as approved by the City Commission.
A new amendment is now proposed which will allow "Horse drawn carriage rides for certain
special events including but not limited to weddings if the owner/operator enters into a
license agreement with the City of Delray Beach. The License agreement would identify
specifics terms and times. Horse drawn carriage special event rides would not be permitted
before 600 p.m. or after 10:00 p.m. from June 1st through November 1st for all special
events except for weddings which are also allowed to occur between the hours of 8:00 a.m.
and 12:00 noon from June 1st through November 1st" This restriction would assure that the
rides would not be conducted between the hottest parts of the day.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. While the amendment does not specifically further the
Goals, Objectives and Policies of the Comprehensive Plan, it is not inconsistent with them.
Therefore, a positive finding can be made with respect to LDR Section 2 4.5(M) (5).
I PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board first considered the amendment on August 26, 2004. After
discussing the amendment it was continued with direction to provide clarifying language.
The ordinance was amended by the City Attorney's office and reconsidered by the Board at
their October 18th meeting. The Board took public testimony from the owner of Horse
Carnages Inc. (current vendor) who felt there should be no restrictions on the hours of
operation. After deliberation the Planning and Zoning Board recommended approval of the
proposed amendment without the language restricting hours of operation, by adopting the
\ a c.....
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
CRA Review
The CRA considered the LOR amendment at their August 12, 2004 meeting and after
discussion voted to defer this item to the City Commission.
DDA Review
The DDA considered the amendment at their August 13, 2004 meeting and recommended
denial. The Board felt that there should be no restrictions on the hours of operation because
that would be self regulated by the carriage operators. It was thought that the operators
would have the animal's welfare in mind and would not operate at times it would be
dangerous for the animals.
~ RECOMMENDED ACTION t
By motion, approve of the amendment to the Land Development Regulations Section
2.4.6(H)(3) "Regulations and Restrictions" by adding Subsection 2.4.6.(H)(3)(d)(2), allowing
Horse Drawn carriages rides for special events if the operator has a license agreement
approved by the City Commission and providing limited hours in the summer season by
adopting the findings of fact and law contained in the staff report and finding that the request
is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations, with second reading to occur on November 16, 2004.
Attachment: Proposed Ordinance
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ORDINANCE NO. 49-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION 2.4.6 (H)(3)(D) BY
ADDING SUBSECTION 2.4.6(H)(3)(D), (2), ALLOWING THE USE
OF HORSE DRAWN CARRIAGES FOR SPECIAL EVENTS IF
THE OWNER OR OPERATOR HAS A LICENSE AGREEMENT
APPROVED BY THE CITY COMMISSION AND PROVIDING FOR
LIMITED HOURS IN THE SUMMER SEASON; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 18, 2004, and voted 6 to 0 to
recommend that the changes be approved without the limitations on summer hours; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board,
sitting as the local planning agency, has determined that the change is consistent and furthers the
goals, objectives and policies of the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.6(H)(3), "Regulations and Restrictions" be amended by
amending subsection 2.4.6(H)(3)(d) of the Land Development Regulations of the City of Delray
Beach to read as follows:
2.4.6(H)(3). Regulations and Restrictions.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and other
related Holiday, Seasonal/Temporary Uses.
(1 ) The horse drawn carriage rides, ice skating rink, carousel, and
other related holiday, seasonal/temporary uses must be sponsored by the City, Community
Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated
for the purposes of economic development as approved by the City Commission. The
owner/operator of the horse drawn carriage rides must have a license agreement
approved by the City Commission prior to commencing the use.
---- ----
{2) In addition to the holiday. seasonal. and temporary uses
referred to in Section 2.4.6(H)(3)(d)(1) above. horse drawn carriaqe rides are also
permitted for certain special events under the terms and for the times permitted in a
license aqreement. Horse drawn carriaae special event rides not aoverned by Section
2.4.6(H)(3)(d)(1) above. are onlv permitted between 6:00 p.m. and 10:00 p.m. from June
1st throuqh November 1. except for weddinqs. which may also occur between the hours of
8:00 a.m. and 12:00 noon from June 1st throuah November 1st.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof
other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
2 ORD NO. 49-04
~
CITY COMMISSION DOCUMENTATION
TO: DA ~~!iANAGER
FROM: PAJ{ DORLlNG, DIRE R OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEM R 16,2004
CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS CREATING A NEW ARTICLE 4.7
"FAMILYIWORKFORCE HOUSING", AMENDING SECTION 4.4.6(H)(6) BY
ENACTING "DENSITY BONUSES", AND ARTICLE 4.5 "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICT", BY ENACTING SECTION
4.5.9 "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SECTION
4.5.10 "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND SECTION
4.5.11 "CARVER ESTATES OVERLAY DISTRICT" CREATING OVERLAY
DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE
PROVISION OF WORKFORCE HOUSING UNITS.
~ BACKGROUND I
On October 19, 2004 the City Commission approved Comprehensive Plan Amendment 2004-2
which included text changes to the Residential Medium land use description. The language was
amended to allow increases in densities in an overlay district in the Southwest Neighborhood
Redevelopment Area consistent with the adopted Southwest Area Neighborhood
Redevelopment Plan. These increases are allowed subject to a density bonus program outlined
in this ordinance.
At this same meeting of October 19, 2004 the City Commission considered a first reading of a
rezoning request for the Cottages of Banyan (Southwest corner of Southwest 10lh Street and
Swinton Avenue) from R-1-A and CF to RM. As part of the request, and to achieve consistency
with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, the
developer has voluntarily agreed to provide a minimum of 20% workforce housing units. The
workforce housing requirements were to be enforced utilizing a restrictive covenant specific to
this development. After discussing the methods of conveying the workforce units the City
Commission continued the request and gave direction to Staff to accelerate the density bonus
ordinance being created in conjunction with the Southwest Area Neighborhood Redevelopment
Plan and add this property. This Family Workforce Housing ordinance is now before you for
consideration.
I ANALYSIS I
The proposed ordinance and related LDR amendment includes the creation of three overlay
districts in which density bonuses are awarded for the provision of workforce housing In the
very low, low or moderate category. The three districts include the Southwest Neighborhood
Overlay District, Southwest 10lh Street Overlay District, and Carver Estates Overlay Distnct.
The creation of the Southwest Neighborhood Overlay District, the boundaries of which are
depicted on page 6 of the attached ordinance, is being implemented as directed in the adopted
Southwest Area Neighborhood Redevelopment Plan. The other districts (noted on pages 3 and
\OD
City Commission Documentation
November 16,2004
Density Bonus
7) are being created to accommodate a privately initiated development application and the
future redevelopment and expansion of the Carver Estates development. The goal of each of
the Districts is to assure that as development occurs an affordable workforce housing
component is included and to provide opportunities for existing residents to remain in the area.
In the Southwest Neighborhood Overlay District the density program would allow additional
density above 12 units to the acre to a maximum of 24 units per acre, based upon provision of
workforce housing units. The bonus would vary based upon affordability, home size, and
ownership vs. rental units. Greater bonus Units are allotted for very low vs. low or moderate, for
larger 4 or above bedroom homes vs. 3 bedroom homes, and for ownership units vs. rental
units. The resulting workforce housing units can be integrated into the project or provided
offsite with the Delray Beach CBDG (Community Development Block Grant) target area (page 4
of the ordinance). Instead of, or in addition to providing workforce units, bonus units could be
awarded by contributing to a housing trust fund ($60,000 per bonus unit) or by donating land
(buildable lots). In these cases the housing trust would utilize the money to fund activities
necessary to provide workforce housing. With the donation of buildable lots a bonus unit would
be awarded for each $60,000 of assessed value. The workforce housing units are to be
compatible in exterior design, appearance, construction and quality of materials and contain
comparable HVAC systems and appliances as the proposed market units Further, the
developer shall endeavor to provide workforce housing units that include unit types in the same
proportion as the market rate units. All workforce housing units are to remain affordable for a
period of no less than 30 years and will be enforced through recorded deed restrictions.
With the Carver Estates and Southwest 10th Street Overlay Districts a maximum of 12 units per
acre is allowed. To achieve the maximum of 12 units per acre the developments must
substantially meet the existing performance standards as well as provide a minimum of 20%
workforce housing units. As with the Southwest Neighborhood Overlay District the workforce
housing units are to be compatible in exterior design, appearance, construction and quality of
materials and contain comparable HVAC systems and appliances with the market units. Further
the developer shall endeavor to provide workforce housing units that include unit types in the
same proportion as the market rate units. Notwithstanding the above within the Southwest 10lh
Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units
offered for Initial sale not to exceed $225,000 and 25% of the workforce housing may be 2
bedroom units offered at the low income affordability rate. All workforce housing units are to
remain affordable for a period of no less than 30 years and will be enforced through recorded
deed restrictions.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. This amendment furthers the following Comprehensive Plan policy
and is consistent with the recently modified Future Land Use Element Medium Density
residential text description.
Future Land Use Element Policy C-1. 7 The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is ~enerally defined as the area bounded by West Atlantic Avenue on the north,
Southwest 10t Street on the south, Interstate 95 on the west, and Swinton Avenue on the east.
2
City Commission Documentation
November 16, 2004
Density Bonus
Many of parcels in the area contain vacant or dilapidated structures, substandard parking and
substandard landscaping. The area also contains residential areas identified as "Rehabilitation"
on the Residential Neighborhood Categorization Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission
at its meeting of June 3, 2003. The plan establishes a blueprint for the revitalization and
stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into
five sub-areas based upon current and proposed land uses. The sub-areas serve to define
potential boundaries for the phased implementation of the various plan components. Future
development in the area must be In accordance with the provisions of the Redevelopment Plan.
[Added by Amendment 04-1]
Recently amended Medium Density residential text reads:
This designation is applied to land which is developed, or is to be developed, at a density
between five and twelve units per acre. Residential denSity is limited to a maximum of 12
dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay
District, between the commercial area along West Atlantic Avenue and Southwest 2nd Street,
from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a
maximum of 24 units per acre subject to conditional use approval and the recommendations
and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Such land is
usually developed in planned communities or exists in older areas where there are duplexes
and condominiums. Home ownership is characteristic of this designation. Where this
designation exists, uses other than those which are residential in character shall not be
considered. [Added by Amendment 04-2]
I PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board will consider this ordinance at their November 15, 2004
meeting and the results will be reported to the Commission at their November 16, 2004 meeting.
CRA Review
The CRA reviewed the LOR amendment at their November 11, 2004 meeting and unanimously
recommended approval.
WARC Review
The West Atlantic Redevelopment Coalition considered the amendment at their November 10,
2004 meeting and unanimously recommended approval of the amendment.
Other
A public meeting was held at Old School Square on November 8, 2004 to discuss this
ordinance. While attendance was light there was overwhelming support for the ordinance.
3
City Commission Documentation
November 16, 2004
Density Bonus
~ RECOMMENDED ACTION I
By motion, approve the amendment to the Land Development Regulations to create a new
Article 4.7 "FamilylWorkforce Housing", amending Section 4.4.6(H)(6) by enacting "Density
Bonuses" and Article 4.5 "Overlay and Environmental Management Districts" by enacting
Section 4.5.9 "Southwest Neighborhood Overlay District"; Section 4.5.10 "Southwest 10th Street
Overlay District"; and Section 4.5.11 "Carver Estates Overlay Distnct" creating overlay districts
which are entitled to density bonuses for the provision of workforce housing units by adopting
the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations, with second reading to occur on December 6, 2004.
Attachment: Proposed Ordinance
4
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ORDINANCE NO. 66-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, TO CREATE A NEW ARTICLE 4.7,
"FAMIL YIWORKFORCE HOUSING", PROVIDING FOR
REGULATIONS AND INCENTIVES TO BUILD
WORKFORCE HOUSING AND ENSURING THAT THE
CITY HAS SUFFICIENT FAMIL YIWORKFORCE HOUSING;
AMENDING 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT" BY ENACTING 4.4.6(H)(6), "DENSITY
BONUSES", TO PROVIDE FOR DENSITY BONUSES IN
CERTAIN OVERLAY DISTRICTS; AMENDING ARTICLE
4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT
DISTRICTS", BY ENACTING 4.5.9, "SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT", 4.5.10,
"SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND
4.5.11, "CARVER ESTATES OVERLAY DISTRICT",
CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED
TO DENSITY BONUSES FOR THE PROVISION OF
WORKFORCE HOUSING UNITS; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, FamilylWorkforce housing affordable to citizens of Delray Beach is
needed in the City; and
WHEREAS, the Community Redevelopment Agency conducted a study entitled
"Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which
studied the need to preserve lands for workforce housing; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the
findings in the Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. That Article 4.7, "FamilylWorkforce Housing" of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby enacted to read as follows:
4.7 FINDINGS
(A) The City Commission has determined that there is a severe
housing shortage in the City of Delray Beach that is affordable to the everyday
working families and citizens of the City; and
(B) Florida Statutes ~ 166.04151 provides that a municipality may
adopt and maintain any ordinance that is adopted for the purpose of increasing
the supply of affordable housing using land use mechanisms such as
inclusionary housing ordinances not withstanding any other provision of law; and
(C) The City Commission recognizes that there is a growing gap
between housing costs and wages in the City; and
(D) The City of Delray Beach has a legitimate public interest in
preserving the character and quality of neighborhoods which requires assuring
the availability of workforce housing for moderate and lower income persons in
the City; and
(E) The City recognizes that the need to provide workforce housing is
critical to maintaining a diversified and sustainable City having the character and
sense of a community where people can live and work in the same area; and
(F) The City is encouraging the production and availability of workforce
housing and at the same time is cognizant that escalating land costs and rapidly
diminishing amounts of land hinder the provision of sufficient workforce dwelling
units by the private sector; and
(G) The City Commission has adopted the Southwest Area
Neighborhood Redevelopment Plan and Comprehensive Plan changes
recognizing the need to redevelop the Southwest Neighborhood in a manner that
preserves the neighborhood and provides workforce housing.
4.7.1 DEFINITIONS
a. Adjusted Median Income (A.MJ.) - The Palm Beach County
median income, adjusted for family size, as published by Florida
Housing Finance Agency.
2 ORD NO. 66-04
b. Affordability Controls - Restrictions placed on dwelling units by
which the price of such units and/or the income of the purchasor or
lessee will be restricted in order to ensure that the units remain
affordable to very low, low, or moderate income households.
c. Carver Estates Overlay District - The area shown on the map
below.
- - ~-.... SW 4TH 51 L ~ r t 1~
= I--=- 1 '.,
_1,- _ DELRA Y - i I I
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- - -- - -- S W 7TH ST
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d. City - The City of Delray Beach, Florida.
e. Community Development Block Grant (CDBG) Target Area -
The area shown in the map below.
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4 ORD NO. 66-04
f. eRA - The Delray Beach Community Redevelopment Agency.
g. Density Bonus Program - The Density Bonus program is an
incentive program intended to encourage developers to build
affordable owner-occupied and rental housing within Delray
Beach's Community Development Block Grant (CDBG) target area.
The concept is that for every workforce housing unit that a
developer builds, a calculated number of market rate units greater
than would be allowed otherwise may be built.
h. Density Bonus Unit - An additional dwelling unit added above the
base number of units authorized once performance standards have
been applied and the density has been computed under existing
codes.
i. Development - A housing development at one location including
dwelling units for which approvals have been granted.
j. Eligible Occupant - A person who qualifies for participation in the
program. Priority will be given to persons who have lived or worked
within the City limits of Delray Beach continually for one year
immediately prior to the date of application for a workforce housing
unit related to the Density Bonus Program and who qualify for
participation in the program.
k. First Time Home Buyer - A person who has not held ownership in
a residence within the past three years.
I. Household - A single person living alone, or two or more persons
sharing residency, with a combined income available to cover
household expenses.
m. Low Income Household - A household with a gross, combined
income between 61 % and 80% of the Palm Beach County Adjusted
Median Income (as defined by the Florida Housing Finance
Authority).
n. Moderate Income Household - A household with a gross,
combined income between 81 % and 120% of the Palm Beach
County Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
5 ORD NO. 66-04
---
o. Southwest Neighborhood Overlay District - The area zoned RM
between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to
S.W. 2nd Street as shown in the map below.
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6 ORD NO. 66-04
p. Southwest 10th Street Overlay District - The area at the
Southwest corner of Swinton Avenue and 10th Street as shown in
the map below.
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7 ORD NO. 66-04
----- --
q. Very Low Income Household - A household with a gross,
combined income not exceeding 60% of the Palm Beach County
Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
r. Workforce Housing Unit - A dwelling unit for which the rent or
mortgage payment (including principal, interest, taxes and
Insurance P.I.T.I.) does not exceed 35% of the gross income of
households that classify as very low, low, or moderate income
households and meets the other requirements of the
FamilylWorkforce Housing Program.
4.7.2 APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall apply only
to development applications consistent with the following conditions:
a. Development must be located within the established Southwest
Delray Beach Overlay District, the Southwest 10th Street Overlay
District, or the Carver Estates Overlay District to qualify for
participation in the Density Bonus Program.
b. I n order to qualify for a density bonus, a project must consist of at
least five new or substantially rehabilitated dwelling units.
c. The developer or responsible party must provide relocation
assistance at a minimum of $2,500.00 per household to very low
and low income residents that are displaced as a result of the
proposed project.
d. In the Southwest 10th Street Overlay District and in the Carver
Estates Overlay District, at least twenty percent of all residential
units must be workforce housing units.
4.7.3 PROVISION OF WORKFORCE HOUSING UNITS
Developers will be awarded density bonus units (additional market rate units),
beyond the base number allowed per existing zoning ordinance after
performance standards have been met, as an incentive to provide affordable
housing unit, subject to the limits and requirements of this chapter.
8 ORD NO. 66-04
a. Developers may earn bonus units by building housing for very low,
low or moderate income families within the designated boundaries
of the Overlay Districts.
b. All development shall meet the requirements for units as specified
in this chapter and meet all required Land Development
Regulations.
c. Workforce units shall include those units in a development, which
are regulated in terms of:
L Sales price or rent levels; and
iL Marketing and initial occupancy; and
iiL Continued requirements pertaining to resale or rent
increases.
4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT
Developers of property in the Southwest Neighborhood Overlay District that meet
the minimum standards will earn bonus units for building workforce housing for
very low, low and moderate income families.
a. The size of the bonus varies based on several factors including:
L Affordability (Le., homes affordable to very low, low, or
moderate income families)
iL Home Size (Le., workforce housing units with four or more
bedrooms are awarded larger bonuses)
iiL Ownership versus Rental (Le., larger bonuses are awarded
for workforce housing units offered for sale to low and
very-low income families and larger bonuses are awarded
for ownership versus rental units.)
b. To be eligible for bonus units, developers must meet one or more of
the following criteria:
9 ORD NO. 66-04
---
i. A designated number of the total units are restricted to very
low income households, and/or
ii. A designated number of the total units are restricted to low
income households, and/or
iii. A designated number of the units are restricted to moderate
income households
c. Workforce housing units may be located off-site provided the off-
site location chosen is within the Delray Beach CDBG target area.
d. The bonus allowances are setforth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT
OPTION SALE BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 4
LOW 80% - 61 % 3
MODERATE 120% -81 % 2
OPTION RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 3
LOW 80% - 61 % 2
MODERATE 120% -81 % 1
LARGE HOME OPTION
4+ bedroom workforce housing
units Additional 0.5 bonus will be added to the
bonus provided above in this chart
e. Instead of or in addition to providing workforce housing units,
developers may also accrue bonus units by contributing to a
housing trust fund that will be utilized to subsidize workforce
housing in the CDBG target area. Developers may earn one bonus
10 ORD NO. 66-04
unit for each payment of a sum equal to $60,000 payable to the
FamilylWorkforce Housing Trust.
f. Also, instead of or in addition to providing workforce housing units,
developers shall earn bonus units by donating land (buildable lots)
in the CDBG area of the City Delray Beach to be used for workforce
housing. The appraised value of donated land will be valued in
accordance with subsection e. above and may be prorated. The
appraisal shall be obtained by developer at developer's cost.
g. The maximum total density of a development shall not exceed 24
units per acre.
4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th STREET
OVERLAY DISTRICT AND THE CARVER ESTATES OVERLAY
DISTRICT
Developers of property in the Southwest 10th Street Overlay District and the
Carver Estates Overlay District shall develop the properties to afford a minimum
of twenty percent of the residential units as workforce housing units.
a. The twenty percent that are developed as workforce housing units
must contain units that are affordable to very low, low or moderate
income families.
b. In the Southwest 10th Street and Carver Estates Overlay Districts,
the maximum density allowed is the maximum zoning density
allowed in the zoning district. To obtain the maximum density
allowed in the zoning district, not only must a minimum of twenty
percent of the residential units be developed as workforce housing,
but all the performance standards that allow increased density shall
also be substantially met.
c. Workforce housing units may be located off-site provided the
location chosen is within the CDBG area of the City of Delray
Beach.
d. All sections of Chapter 4.7 apply to the Southwest 10th Street and
Carver Estates Overlay Districts except for Sections 4.7.4 and
4.7.11.
11 ORD NO. 66-04
4.7.6 RENTAL HOUSING UNITS
a. A covenant shall be recorded in the Public Records specifying the
income level served, rent levels, reporting requirements and all
restrictions applicable to the workforce housing units. All leases
shall contain language incorporating covenants applicable to the
workforce housing unit and reference recorded covenants.
b. Units targeted to vel}' low income households under the 60%
affordability level of the Palm Beach County median income,
adjusted for family size, shall not have rental rates that exceed
100% of the HUD determined fair market rent for the area.
c. Units targeted to low income households at 61 % to the 80%
affordability level of the Palm Beach County median income,
adjusted for family size shall not have rental rates that exceed
120% of the HUD determined fair market rent for the area.
d. Units targeted to moderate income households at 81% to the 120%
affordability level of the Palm Beach County median income,
adjusted for family size, shall not exceed 140% of the HUD
determined fair market value.
e. No workforce house units shall be offered for rent to the general
public until all requirements of this section are met.
4.7.7 FOR SALE HOUSING UNITS
a. All deeds shall include the restrictive covenants applicable to
workforce housing units. All sales contracts shall state that the unit
is part of a workforce housing program and subject to Section 4.7 of
the Land Development Regulations of the City.
b. All purchasers of workforce housing units shall be very low, low or
moderate income households; provided, however, in exceptional
circumstances when persons in households above the moderate
income level are displaced due to redevelopment or catastrophic
events, the persons so affected shall also be eligible for workforce
housing. Under these circumstances, the Density Bonus Allocations
under Section 4.74 shall be for moderate income households.
12 ORD NO. 66-04
c. Owners of workforce housing units shall be required to occupy the
unit unless evidence is presented indicating that the owner is
unable to continuously occupy the unit due to illness or incapacity.
d. Closing costs and title insurance shall be paid pursuant to the
custom and practice in Palm Beach County at the time of opening
of escrow. No charges or fees shall be imposed by the seller on the
purchaser of a workforce housing unit which are in addition to or
more than charges imposed upon purchasers of market rate units,
except for administrative fees charged by the City/CRA, or their
designee.
e. Sales prices for workforce housing units will be calculated on the
basis of:
i. An available fixed-rate thirty-year mortgage, consistent with
a "blended rate" for Palm Beach County banks, and/or the
Florida Housing Finance Authority. A lower rate may be used
in calculating workforce housing prices if the developer can
guarantee the availability of a fixed-rate thirty-year mortgage
at this lower rate for all workforce housing units required for
the covered project; and
ii. A down payment of no more than 10% of the purchase price;
and
iii. A calculation of property taxes; and
iv. A calculation of homeowner insurance, mortgage insurance,
homeowner association fees, and other closing costs.
f. No workforce housing units shall be offered for sale to the general
public until all requirements of this chapter are met.
4.7.8 RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS
To maintain the availability of workforce housing units which may be constructed
pursuant to the requirements of this program, the following resale conditions shall
be imposed on the workforce housing units and included in the deed or restrictive
covenant and recorded in the Public Records of Palm Beach County:
13 ORD NO. 66-04
a. All workforce housing units shall remain affordable for a period of
no less than thirty (30) years commencing from the date of initial
occupancy of the unit.
b. All workforce housing units must be rented or sold to eligible
households. There shall be no provisions for releases from the sale
or rental of workforce units to eligible households. Workforce
housing units may be resold to non-eligible households only when
the restriction expires.
c. Deed restrictions or restrictive covenants and/or bylaws designed to
ensure continued affordability shall be embodied in legally binding
agreements which shall be approved by the City Attorney prior to
recording.
d. Workforce housing unit resales shall be limited to households of the
same category relative to income.
e. The sales price of workforce housing units may not exceed the
upper limit of affordability for the income category to which the unit
was originally assigned.
f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in this
program:
i. Transfers by inheritance to the purchaser-owner's spouse or
offspring, or;
ii. Transfers of title to a spouse as part of a divorce dissolution
proceeding, or;
iii. Acquisition of title or interest therein in conjunction with
marriage.
g. No resales of workforce housing units shall be completed until the
requirements of this chapter are met.
4.7.9 GENERAL PROVISIONS
a. All workforce housing units constructed or rehabilitated under this
program shall be situated within the development so as not to be in
14 ORD NO. 66-04
--
less desirable locations than market-rate units in the development
and shall, on average, be no less accessible to public amenities,
such as open space, as the market-rate units.
b. Workforce housing units within a market rate inclusive development
shall be integrated with the rest of the development and shall be
compatible in exterior design, appearance, construction, and quality
of materials and contain comparable HVAC systems and
appliances with market rate units and provide them as standard
features.
c. The developer shall endeavor to provide workforce housing units
that include unit types in the same proportion as the market rate
housing unit types. The following conditions must be met:
i. The proportion of 2 bedroom workforce units to total
workforce units may not exceed the proportion of 2 bedroom
market rate units to total market rate units.
ii. The proportion of 3 bedroom workforce units to total
workforce units must meet or exceed the proportion of 3
bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
iii. The proportion of 4+ bedroom workforce units to total
workforce units must meet or exceed the proportion of 4+
bedroom market rate units to total market rate units.
iv. If the development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc), the
proportion of workforce units of each type to total workforce
units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
v. If the development includes both for sale and for rent units,
the proportion of for rent workforce units to for sale
workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units.
vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the
Southwest 1 alii Street Overlay District at least 75% of the
workforce housing units shall be 3 bedroom units offered for
15 ORD NO. 66-04
--------- -
initial sale in an amount not to exceed $225,000.00 and 25%
of the workforce housing units may be 2 bedroom units
offered at the low income affordability rate.
d. The construction schedule for workforce housing units shall be
consistent with or precede the construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing
units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce
the covenants. No amendments to the covenants shall be made
unless by written instrument approved by the City.
h. No one bedroom units shall be allowed under the family/workforce
housing program.
4.7.10 REVIEW AND APPROVAL PROCESS
a. Final Approval Conditions: Final conditions of approval shall
specify that the restricted units are priced and/or rented at
workforce housing levels and shall state that those units shall be
rented and/or sold to the eligible income group. The conditions will
also specify the requirements for reporting to the City's Community
Improvement Department on buyer eligibility, housing prices, as
well as any applicable requirement to record a covenant or to
enforce resale restrictions.
4.7.11 DENSITY BONUS TABLES
a. The Density Bonus Tables shown below apply to the Southwest
Neighborhood Overlay District only and are provided to illustrate
bonus densities under various parcel sizes, unit types and income
eligibility; however, the density bonus allocations contained in Table
1 shall control densities in the Southwest Neighborhood Overlay
District.
16 ORD NO. 66-04
Workforce Housing Program Density Bonus Allocations
Owner Occupied - 2-3 Bedroom Units
Very-Low Income
(4 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 9 3 12 24 12.5%
1.5 18 36 14 4 16 34 11.8%
2 24 48 18 6 24 48 12.5%
2.5 30 60 23 7 28 58 12.1%
3 36 72 27 9 36 72 12.5%
3.5 42 84 32 10 40 82 12.2%
4 48 96 36 12 48 96 12.5%
Low Income
(3 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Moderate Income
(2 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
17 ORD NO. 66-04
------
Workforce Housing Program Density Bonus Allocations
Owner Occupied - 4+ Bedroom Units
Very-Low Income
(4.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 10 2 9 21 9.5%
1.5 18 36 14 4 18 36 11.1%
2 24 48 19 5 22 46 10.9%
2.5 30 60 24 6 27 57 10.5%
3 36 72 28 8 36 72 11.1%
3.5 42 84 33 9 40 82 11.0%
4 48 96 38 10 45 93 10.8%
Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Moderate Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
18 ORD NO. 66-04
--
Workforce Housing Program Density Bonus Allocations
Rental - 2-3 Bedroom Units
Very-Low Income
(3 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Low Income
(2 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
Moderate Income
(1 unit per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 0 6 6 12 25.0%
1 12 24 0 12 12 24 25.0%
1.5 18 36 0 18 18 36 25.0%
2 24 48 0 24 24 48 25.0%
2.5 30 60 0 30 30 60 25.0%
3 36 72 0 36 36 72 25.0%
3.5 42 84 0 42 42 84 25.0%
4 48 96 0 48 48 96 25.0%
19 ORD NO. 66-04
Workforce Housing Program Density Bonus Allocations
Rental- 4+ Bedroom Units
Very-Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Low Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
Moderate Income
(1.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 2 4 6 12 33.3%
1 12 24 4 8 12 24 33.3%
1.5 18 36 6 12 18 36 33.3%
2 24 48 8 16 24 48 33.3%
2.5 30 60 10 20 30 60 33.3%
3 36 72 11 25 37 73 34.2%
3.5 42 84 14 28 42 84 33.3%
4 48 96 16 32 48 96 33.3%
20 ORD NO. 66-04
Section 3. That Chapter 4, Section 4.4.6 of the Land Development
Regulations is amended by enacting a new Subsection 4.4.6(H)(6), to read as follows:
(6) Densitv Bonuses. Densitv bonuses may be aranted as a
Conditional Use to elioible properties aoverned bv reoulations set forth in
Chapter 4. "Zonino Reoulations", Article 4.4.7, "Familv/Workforce Housino".
Section 4. That Article 4.5, "Overlay and Environmental Management
Districts", is hereby amended by adding 4.5.9, "The Southwest Neighborhood Overlay
District", to read as follows:
A. Defined: The Southwest Neiohborhood Overlav District is the area
zoned RM located between Interstate 95 and N.W. 1st Avenue and Atlantic
Avenue to S.W. 2nd Street. The applicable reoulations set forth in Section 4.7.
"Familv/Workforce Housino" (in addition to applicable Land Development
Reoulations) shall applv to this district.
Section 5. That Article 4.5, "Overlay and Environmental Management Districts"
shall be amended by adding Section 4.5.10, "The Southwest 10th Street Overlay
District" to read as follows:
A. Defined: The Southwest 10th Street Overlav District is located between
S.W. 10th Street to the north and Reiole Avenue to the South and between
Swinton Boulevard to the east and S.W. 2nd Avenue. if it was extended to Reiole
Avenue, to the west. The application reoulations set forth in Section 4.7. "Familv
Workforce Housino" shall applv to the Southwest 10th Street Overlav District in
addition to other applicable Land Development Reoulations.
Section 6. That Article 4.5, "Overlay and Environmental Management Districts"
shall be amended by adding Section 4.5.11, "The Carver Estates Overlay District", to
read as follows:
A. Defined: The Carver Estates Overlav District covers two areas shown
on the map in Section 4.7.1 c of the Land Development Reaulations. The
applicable reaulations set forth in Section 4.7. "Familv/Workforce Housino". shall
applv to the Carver Estates Overlav District in addition to other applicable Land
Development Reoulations.
Section 7. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause or word be declared by a court of
21 ORD NO. 66-04
competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part hereof other than the part declared invalid.
Section 8. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 9. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,2004.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
22 ORD NO. 66-04
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CIlY MANAGER fH1..
SUBJECT: AGENDA ITEM # \oE- REGULAR MEETING OF NOVEMBER 16.2004
ORDINANCE NO. 64-04
DATE: NOVEMBER 12, 2004
This Ordinance is before City Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Subsection 4.3.3(0)(1), Application; 4.3.40)(4), "Increases to
Height Regulations"; Subsection 4.3.4(K), "Development Standards Matrix", Section 4.4.9 "General Commercial
(GC) District"; Section 4.4.13, "Central Business District (CBD)"; Subsection 4.4.24(F), "Development Standards";
Section 4.5.6, "The West Atlantic Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation"; Subsection 4.6.9(E)(3), "In-
lieu Fee", and Subsection 4.6.18 "Architectural Elevations and Aesthetics" to incorporate regulations related to the
GC (General Commercial) portion of the West Atlantic Avenue Overlay District into the CBD (Central Business
District).
On March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, to guide future
development of the downtown business districts. During the development of the Plan, three (3) neighborhoods and
districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach
District. The goal is to include these districts within one zoning classification, the CBD (Central Business District).
The Master Plan also called for the development and implementation of design guidelines for the downtown area.
The Design Guidelines were adopted by the City Commission on May 4, 2004.
The City began the process of adopting a Future Land Use Map (pLUM) amendment and rezoning of the West
Atlantic Neighborhood from GC to CBD. Originally, the intent was for the design guidelines to apply to a unified
CBD zoning district with three (3) distinctive sub-areas/districts, including the West Atlantic Neighborhood.
However, since the FLUM amendment and rezoning process would take approxunately six (6) months, it was decided
to proceed with LDR amendments and incorporate the design guidelines into the GC district (West Atlantic Overlay
portion) until the adoption of the CBD rezoning and Commercial Core land use designation. This would ensure that
development within the six (6) month period would be consistent with the new development standards/design
guidelines. Once the West Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area would
be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning process is nearly completed, it is
now appropriate to amend the LDR accordingly.
The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony regarding
the proposed changes. The Board voted 6-0 to recommend to the City Commission approval of the proposed text
amendment, by adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 1.1.6(A) (Amendments to the
Text) and 2.4.5(M) (Amendment to the Land Development Regulations).
At the first reading on November 2, 2004, the Commission passed Ordinance No.64-04.
Recommend approval of Ordinance No. 64-04 on second and final reading.
S \Clty Clerk\agenda memos Ord 64 04 West Atlantic Overlay D,stnct mto CBD 11 16.04
~l
I CITY COMMISSION DOCUMENTATION I
TO: DAVI~~'
THRU: PAUL ORLlNG, DIR PLANNING AND ZONING
FROM: RONALD HOGGARD,S REDEVELOPMENT PLANNE~ ~~
SUBJECT:
MEETING OF NOVEMBER 2, 2004 **PUBLlC HEARING**
CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO INCORPORATE REGULATIONS RELATED TO
THE GC (GENERAL COMMERCIAL) PORTION OF THE WEST
ATLANTIC OVERLAY DISTRICT INTO THE CBD (CENTRAL
BUSINESS DISTRICT).
II BACKGROUND I ANALYSIS ~
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray
Beach Master Plan, to guide future development of the downtown business districts.
The Plan characterizes the City's downtown as the commercial areas surrounding the
Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The
Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It
represents the ultimate growth and form of the community and the creation of a
recognizable and seamless center for our city. During the development of the Plan,
three neighborhoods and districts were identified for the downtown area: The West
Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include
these districts within one zoning classification - the CBD (Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are
of a character and scale that reinforce the citizens' vision of a "City of urban amenities
with a small town feeling", the Master Plan also called for the development and
implementation of design guidelines for the downtown area. These guidelines,
developed by consultants Jaime Correa & Associates, the Design Guidelines
Subcommittee, community and industry stakeholders, and staff, were adopted by the
City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a
Future Land Use Map amendment and rezoning of the West Atlantic Neighborhood
from GC to CBD, to be consistent with the zoning of the balance of the downtown area.
Originally, the intent was for the design guidelines to apply to a unified CBD zoning
district with th ree distinctive sub-areas/districts, including the West Atlantic
Neighborhood. However, since the FLUM amendment and rezoning process would take
approximately 6 months, it is decided to proceed with the LOR amendments and
incorporate the design guidelines into the GC district (West Atlantic Overlay portion)
until the adoption of the CBD rezoning and Commercial Core land use designation. This
would ensure that development within this six month period would be consistent with the
new development standards/design guidelines. It was understood that once the West
Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area
would be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning
\OD
City Commission Documentation
LOR Amendment - Integration of West Atlantic Overlay Regulations into CBD
Page 2
process is nearly completed, it is now appropriate to amend the Land Development
Regulations accordingly.
Pursuant to LOR Section 2.4.5(M)(5), in addition to the provisions of LOR Section
1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive
Plan. The Comprehensive Plan has been reviewed and it was found that the
amendment is consistent with and furthers Future Land Use Element Policv C-4.2, in
that it implements recommendations called for in the Downtown Delray Beach Master
Plan.
r PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of October 18, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the proposed text amendment. There was no public
testimony regarding the proposed changes. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 6-0 (Krall absent), by adopting
the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth
in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
~ RECOMMENDED ACTION II
By motion, approve on first reading the ordinance amending Land Development
Regulations Sub-Subsection 4.3.3(0)(1), "Application"; Sub-Subsection 4.3.4(J)(4),
"Increases To Height Regulations"; Subsection 4.3.4(K), "Development Standards
Matrix"; Section 4.4.9, "General Commercial (GC) District; Section 4.4.13, "Central
Business (CBD) District"; Subsection 4.4.24(F), "Development Standards"; Section
4.5.6, "The West Atlantic Overlay District"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height
Limitation"; Sub-Subsection 4.6.9(E)(3), "In-Lieu Fee" and Subsection 4.6.18,
"Architectural Elevations and Aesthetics"; by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of
the Land Development Regulations, and set a public hearing date for second reading of
the Ordinance on November 16, 2004.
Attachments:
. Planning & Zoning Staff Report
. Proposed Ordinance
s:\planmng & zonmg\boards\cIty corrumsslOn\ldr deSIgn gUIdelInes amendment to mcorporate west atlantnc overlay in cbd doc
---
mlRAY BlACH ;,>/ ULLR~~ B~",CH
hA'JIi PLANNING AND ZONING BOARD IP-.:ft-."
AlI._City AJI._...CIly
, 1 III.! MEMORANDUM STAFF REPORT '1111;
ILJ4, 11)'~ I
.!IJGi 2001
MEETING OF: OCTOBER 18, 2004
AGENDA ITEM: IV.G. LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT
IN ASSOCIATION WITH THE DOWNTOWN DELRAY BEACH
DESIGN GUIDELINES
I IT E Nr:.B EF OA.E,T HE BOARD I
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to the Land Development Regulations relating to the Downtown Delray
Beach Design Guidelines, pursuant to LOR Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(A), the text of the LOR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing
has been held by the City Commission. Any such change shall be made by ordinance,
pursuant to procedures found in LOR Section 2.4.5(M).
I BACKGROUN D I
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. The Plan
characterizes the City's downtown as the commercial areas surrounding the Atlantic Avenue
corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the
Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate
growth and form of the community and the creation of a recognizable and seamless center for
our city. During the development of the Plan, three neighborhoods and districts were identified
for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach
District. The goal is to include these districts within one zoning classification - the CBD
(Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are of a
character and scale that reinforce the citizens' vision of a "City of urban amenities with a small
town feeling", the Master Plan also called for the development and implementation of design
guidelines for the downtown area. These guidelines, developed by consultants Jaime Correa &
Associates, the DeSign Guidelines Subcommittee, community and industry stakeholders, and
staff, were adopted by the City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a Future
Land Use Map amendment and rezoning of the West Atlantic Neighborhood from GC to CBD,
to be consistent with the zoning on the balance of the downtown area. Originally, the intent
was for the design guidelines to apply to a unified CBO zoning district with three distinctive
sub-areas/districts, including the West Atlantic Neighborhood. However, since the FLUM
amendment and rezoning process would take approximately 6 months, it is decided to proceed
with the LOR amendments and incorporate the design guidelines into the GC district (West
IV.G.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 2
Atlantic Overlay portion) until the adoption of the CBD rezoning and Commercial Core land use
designation. This would ensure that development within this six month period would be
consistent with the new development standards/design guidelines. It was understood that once
the West Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area
would be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning
process is nearly completed, it is now appropriate to amend the Land Development
Regulations accordingly.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the goals, objectives and policies of the adopted Comprehensive Plan were
conducted and the following applicable policy is noted:
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business districts
surrounding the Atlantic A venue corridor between 1-95 and A-1-A, it represents the citizens'
vision for the growth and unification of Delray Beach, while still retaining the "village like,
community by-the-sea" character of the CBD. The Plan addresses a wide range of issues
including infill development, neighborhood parks, shared parking, public art, the roadway and
alleyway systems, marketing/economic development, and the need to modify the Land
Development Regulations to include design guidelines to retain the character of Delray Beach.
Future development and redevelopment in this area shall be consistent with the Master Plan.
The above policy and adopted Downtown Delray Beach Master Plan characterize the City's
downtown as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95
and State Road A-1-A (Ocean Boulevard). During the development of the Master Plan, three
districts were identified for the downtown area: the West Atlantic Neighborhood, the Central
Core, and the Beach District. The goal is to include these districts within one zoning
classification - the CBD (Central Business District). The adoption of the design guidelines and
the rezoning of the West Atlantic Neighborhood area to CBD are just a couple of the many
recommendations and strategies called for in the Plan to address its goal for unity, while
guiding the revitalization and redevelopment of the City's downtown.
Based upon the above, the proposed LDR amendments will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5).
I R EV,I EW#<BY 0 TH E RS . I
Prior to adoption of the Design Guidelines in May, 2004, there was an extensive review and
comment period including joint workshops conducted with the following reviewing boards,
agencies and organizations:
Community Redevelopment Agency (CRA)
Downtown Development Authority (DDA)
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 3
Historic Preservation Board (HPB)
West Atlantic Avenue Redevelopment Coalition (WARC)
Site Plan Review and Appearance Board (SPRAB)
Planning and Zoning Board
The comments and recommendations made by these Boards were incorporated into the
Design Guidelines Ordinance prior to its adoption. The changes, currently under consideration,
involve moving language from one section of the code to another to accommodate inclusion of
the West Atlantic Neighborhood area into the CBD and to correct references to this area
elsewhere in the code. Although it was not considered necessary for these Boards to review
the current amendment again, the draft was submitted to the CRA, since its staff played a
major role in writing the original design guidelines.
Community Redevelopment Aaencv:
The CRA will consider the text amendments at its meeting of October 14, 2004. The Board's
recommendations will be presented at the meeting.
I ALTERNATIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to the
Land Development Regulations, as it relates to the Downtown Delray Beach Design
Guidelines, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan
and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to the
Land Development Regulations, as it relates to the Downtown Delray Beach Design
Guidelines, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations.
I : 'RECOMMENDED ACTION I
Move a recommendation of approval to the City Commission for the amendment to the Land
Development Regulations, as it relates to the Downtown Delray Beach Design Guidelines, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachments
. Proposed Ordinance
\\carolina\departments\planning & zoning\boards\p&z board\ldr downtown design guidelines integrate west
atlantic overlay doc
ORDINANCE NO. 64-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGUL\TIONS OF CODE OF
ORDINANCES, BY AMENDING SUB-SUBSECTION
4.3.3(0)(1), "APPLICATION"; SUB-SUBSECTION 4.3.40)(4),
"INCREASES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS :NL-\ TRIX";
SECTION 4.4.9, "GENERAL COMMERCLI\.L (GC) DISTRICT;
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT";
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SECTION 4.5.6, "THE WEST ATLANTIC OVERL-\ Y
DISTRICT"; SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTLI\.L ZONING OR ZONING
DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT
LIJ\HTATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE"
AND SUBSECTION 4.6.18, "ARCHITECTURAL ELEVATIONS
AND AESTHETICS"; PROVIDING A SAVING CL-\USE, A
GENERAL REPEALER CLI\. USE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planrung and Zoning Board rev1ewed the
proposed text amendment at a pubhc heanng held on October 18, 2004, and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planrung and Zorung Board, sitting as
the Local Planning Agency, has deterrmned that the change 1S consistent W1th and furthers the goals,
obJecttves and pohc1es of the Comprehens1ve Plan; and
WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design guidelines
for the downtown area be created to establish land development regulations to ensure buildtng
forms of a character and scale that rem force the C1tizens' v1sion of a "C1ty of urban ameruttes with a
small town feehng," create pedestnan friendly streets, promote areas of special character, and
preserve hentage m the development process; and
WHEREAS, m order to mltlgate the mass/scale and uruform monolithtc appearance of large
buildings and ensure that the arcmtectural composltlon of new development incorporate
arcmtectural features that "vill provide v1sual mterest, wlule allowmg design fleXlbility, the C1ty
Conumss1on amended the Land Development Regulations on May 4, 2004 to mcorporate des1gn
guidehnes for the three sub-areas of the downtown area (West Atlanttc Ne1ghborhood, Central Core
and Beach Area); and
WHEREAS, the zorung designauon for the West Atlantic Neighborhood area has changed from
General Commercial to CBD (Central Business Dismct).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAYBEACH, THA.T:
SECTION 1. That Secuon 4.3.3, "Special Reqwrements for SpeClfic Uses," Subsection 4.3.3(0),
"Townhouses and Townhouse Type of Development," Sub-subsection 4.3.3(0)(1), "Application",
of the Land Development Regulations of the Code of Ordmances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(1) Application: These speClal reqwrements apply to townhome or townhouse development and
to apartment complexes wmch are designed in the style of a townhome, except projects
located Wltl11n the Central Busilless District, Ceaet:lll Commercial VIlest }~tla1ltlc Oyeflay
DiStrict, and Central Business DistriCt - Railroad Corndor, wmch shall comply with the
apphcable chstrict regulations.
.. .
SECTION 2. That Section 4.3.4 "Base Dismct Development Standards," Subsection 4.3.40),
"Height,", Sub-subsecuon 4.3.40)(4), "Increases to Height Regulations", of the Land Development
Regulations of the Code of Ordmances of the City of Delray Beach, Flonda, be, and the same is
hereby amended to read as follows:
(4) Increases to Height Regulations:
(a) Prohibitions: There are no provlslons wmch allow, nor is the Board of Adjustment
empowered to grant, an illcrease of height for any purpose ill the following zone
chstrlctS:
Single FamilY (R-1) Distncts Rural Resldentzal (RR)
Agriculture (Ag) Mobzle Home (MH)
Low Densl!} ReSIdentIal (RL) M.edium Densl!} Reszdentlal (RM)
Planned Reszdentzal Development (pRD) ResidentIal Office (RO)
Nezghborhood Commercial (NC) ProfessIonal and Office Distnct (POD)
ConseroatlOn District (CD) Open Space (OS)
2 ORD NO. 64-04
(b) Allowances: An mcrease, to a maximum heIght of SlXty feet (60'), may be approved by
the CIty COtnmlSSl0n m any zone dtstrlct not listed above when approved pursuant to
the processmg of a conditional use request and based upon a findmg of compliance wIth
each of enumerated cntena hsted below.
(1) That the structure is to be located m one of the followmg geographtc areas:
(1) Area "A" - all property located east of Congress Avenue and west of 1-95.
(2) Area "B" - the property encompassed by the Dehnt DR!, with the exception
of that portion platted as "Waterford Village"; along WIth property located
west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1-95.
(3) Area "c" - the property encompassed by the boundary of Linton Boulevard,
Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "D" - the properties located south of AdantIc Avenue, north of S.W.
1st Street, west of S.W. 2nd Avenue, and east of S.\V 4th Avenue; and the
properties located north of Adanuc Avenue, south of N.\V 1st Street, west
ofN.\V 1st Avenue, and east ofN.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on
the east by the Intracoastal \Vaterway, on the south by Allen Avenue
extended to said easterly and westerly boundaries, and on the north to the
northernmost boundary of the CIty.
(6) Area "F" - the property located between the one-way pan system of Federal
HIghway (5th and 6th Avenues).
(7) Area "G" - the property on eIther SIde of Linton Boulevard, extending 200
feet north and south of its ultImate nght-of-way, extendmg from 1-95 to
DIxie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C.
Ratlroad on the east, the combination of Southridge Road and Swinton
Avenue on the north, and S.W. 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portIon of the CBD (Central
Busmess District) exeept for property lpng east of the Intraeoastal Water~Tll:T'
(10) Area "]" - the property encompassed by Lmdell Boulevard on the north,
Federal HIghway on the east, DIxie HIghway on the west, and the CIty lirmts
on the south.
3 ORD NO. 64-04
(li) That the Increase in heIght will not provIde for, nor accommodate, an increase In
the floor area (WIthin the structure) beyond that wmch could be accommodated by
development which adheres to a heIght hmitation of 48 feet, except for the
following SItuations:
(1) An Increase In IntensIty is allowed when the Increase from 48 feet to 60 feet
IS for the purpose of accommodatlng resldenual use on the top floor of the
structure; however, the Increase in intensIty IS only for the added resIdential
use area;
(2) An Increase in IntensIty IS allowed when there is a transfer of development
rights pursuant to Section 4.6.20.
(ill) That the Increase In heIght IS based on or will result in one, or more, of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
parucular use or a particular matter or type of construction, a greater than
normal space between floors or height of story IS necessary; or
(2) That 50% or greater of an area of the ground floor IS devoted to parking and
vemcular traffic CIrculation; or
(3) That for each foot In height above 48 feet, an additional building setback of
two feet IS provIded from the building setback hnes which would be
established for a 48-foot tall structure. The additional setback is reqwred
from all setback lines (i.e., front, side, and rear) for the portion of the
bruldmg that extends above 48 feet. In heu of thts setback requirement,
bruldmgs In the CBD zone shall adhere to the setback requirements of that
distrIct.
. ..
SECTION 3. That Section 4.3.4, "Base District Development Standards," Subsection 4.3.4 (K),
"Development Standards :Matrix," of the Land Development Regulations of the Code of
Ordmances of the CIty of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.3.4 Base District Development Standards:
(K) Development Standards Matrix: The follOWIng matrices set forth the tnl11llIlum and
maXllllum development standards for each zonmg district subject to descriptions,
Interpretations, and exceptions as prOVIded for elsewhere In Section 4.3.4.
4 ORD NO 64-04
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5 ORD NO. 64-04
SECTION 4. That Section 4.4.9, "General Commercial (GC) DIStrict," of the Land
Development Regulanons of the Code of Ordtnances of the CIty of Delray Beach, Florida, be, and
the same IS hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General CommercIal (GC) DIStnCt provIdes basic regulations
for small parcels which are best smted for general retatl and office uses but wruch are not of
sufficient SIze to be deSIgned m a planned sense. The GC designanon IS applied to small parcels,
most of wruch are developed, where adherence to standard regula nons is most appropnate. The GC
deSIgnatiOn IS to be apphed pnmarily along artenal and collector streets. Uses may be conducted
singularly or m combmatIon WIthin the same structure.
(B) Principal Uses and Structures Permitted: The followmg are allowed within the GC
DIstrict as permitted uses, except a3 prolublted ill the ~Te3t ~!\~d!llitlc }~YeflUe Overlay Dl3ffict by
Section 1.4.9(C)(1)(a):
(1) General retail uses mcludtng, but not hmited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, hquor, confectionenes, cosmetics, meats, draperies
and slipcovers, medtcmes and prescriptions, electrlCal ftxtures and supphes, fabrics,
fish, flowers and plants, fruits and vegetables, food, garden supphes, gifts,
glassware, hardware and pamts, home furrushmgs, Ice cream, lawn care eqUlpment,
leather goods, luggage, medtcal and surgIcal eqUlpment, mUSIC and mUSIcal
mstruments, nautical supplies, office furruture eqUlpment and supphes, pets and
pet supphes, photograpruc eqUlpment and supphes, sewing supphes, sporting
goods, toys, weanng apparel and accessones, appliances, bicycles, business
machmes, Jewelry.
(2) Business and ProfesslOnal uses mcluding, but not limlted to:
* Intenor decorating, medical and dental chrucs, medical and dental laboratories,
photograpruc studtos, prmtIng and publishmg, professlOnal offtces.
(3) Contractor's Offices, mcluding but not lmuted to:
* Atr condttIoning, general contractor, electrical, pamting, and plumbing; however,
any outSIde storage of materials IS prorublted.
(4) SerVIces and Facilities includtng, but not lmuted to:
6 ORD NO. 64-04
* Auctions, barber and beauty shops and salons, caterers, dry cleaning linuted to on-
slte processrng for customer pickup only, dry clearung and laundry pickup stations,
frnancrng e.g. banks and sunilar rnstItutIons rncluding drive-through facilities,
laundromats lmuted to self-servIce facilities, pet grooming, restaurants including
dnve-rn and drive-through, tailonng, tobaccorust, vocational schools linuted to arts
and crafts, busrness, beauty, dancrng, drivrng, gymnastics, photography, modehng,
and karate-Judo, small Item repalr, and rental of sportlng goods and eqUIpment
(such as but not limited to bicycles, skates, bOOgIe boards).
* Abused spouse residence WIth forty (40) or fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs,
mdoor shootlng ranges, museums, hbraries, newsstands, commercial or pubhc
parking lots and parkrng garages, theaters excluding drive-rns.
(5) Dwelling umts rn the same structure as commercial uses provided that: commercIal
uses must be proVIded on the ground floor; commercial uses on the ground floor must occupy no
less than 25% of the total structure excludrng square footage devoted to vehicular uses; reSIdential
uses and non-resIdential uses are physically separated and have separate accessways; and the
residential denSIty does not exceed 12 uruts per acre.
(6) Astrologists, claIrvoyants, fortune tellers, pahmsts, phrenolOgIsts, psycluc readers,
spirItuahsts, numerolOgIsts and mental healers, subject to the locational restrictions of Section
4.4.9(H)~ill.
(7) Group Home, Type 1, pursuant to restrIctions set forth in Section 4.3.3(1).
(C) Accessory Uses and Structures Permitted: The follm:ving uses are allowed when a part
of, or accessory to, the prinCIpal use:
(1) Parking lots;
(2) Refuse and servIce areas;
(3) Provision of servIces and repair of items incidental to the prrncipal use;
(4) Storage of rnventory either withrn the same structure as where the sale of goods occurs
or m a separate structure on the same parcel prOVIded that such storage facilities are not shared or
leased rndependent of the prImary commercIal use of the SIte;
(5) Srngle famIly detached dwellings for reSIdence by busrness owners, propnetors, or
employees.
7 ORD NO. 64-04
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC Distnct, except as mochfied in the 'XT est .:\~tlantic .:\ ,~enue O,'eday D15ttfct hy
8eetion 1.1.9(C)(1) and thc North Federal Highway Overlay District by Section 4.4.9(G)~ill.
(1) Residential Licensed Serv1ce Providers, subject to restr1CtIons set forth in Section
4.3.3(D).
(2) Amusement game facilities lirruted to such uses as pmball, all: hockey, electronic
games, and other sinular com operated games when an attendant 1S on duty.
(3) Wash estabhshments or facilities for velucles.
(4) Cluld Care and Adult Day Care.
(5) Clubs and Lodges; soc1al, fraternal, and recreational.
(6) Drive-m Theaters.
(7) Flea :Markets, bazaars, merchandise marts, and sunilar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the chspensing of gasohne directly mto velucles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the reqUlrements of the RM Distnct
except for setback and he1ght reqUlrements wluch shall be pursuant to tlus Section.
(12) Recreational establishments such as bowhng alleys, gymnasmms, health spas, mimature
golf courses, skating rinks.
(13) Sales and serV1ce of All Terrain Vehicles and personal watercraft (waverunners, Jet
skis), W1th no outside chsplay, outside storage or outs1de service.
(14) Velucle care hmited to the changmg of oil and filters, and lubrication with no
mechanical work or outs1de storage of velucles except as a part of a gasoline station.
(15) Vetermary Clirucs.
(16) Group Home, Type 2 and Commullity Residential Homes, pursuant to restrictions set
forth m Section 4.3.3(1).
8 ORD NO. 64-04
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and
approval by, the Cruef Bwldmg Official for a certificate of occupancy.
(2) F or any new development, plan approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5(F), (G), and (I).
(3) Conditional uses must be approved pursuant to the prov1sions of Section 2.4.5(E).
(4) ~"'ll applications for wmmen:1!tl or multiple fllmtly resltlential aeyelopmeat, lftcludffig
sitns, within the ~Test l\dantlc }scnue O-.'erlfty D13tflct -,.-;HI be forwarded to the West ~\dantic
Rede-....elopment CoaHtiOn ~~\~RC) and the CORl.1HU111ty Rede-.-elopmcnt }~gency for Wffiffi.ent.
(F) Development Standards: The development standards set forth ill Section 4.3.4 shall
apply except as mollified below:
(1) If there 1S no verucular access available to the rear of any structure, a side setback of
ten feet (10') shall be pronded. For a s1de illterlOr lot, a ten foot (10') setback is reqwred only on one
(1) side.
(2) ~Test f~tlantie f~...eftHe O-.'erlay Distriet Development Standards: The foll6"'....ng
de-,'elopment standard3 !l:'pply to all propcrtics zORed Ceneral Commercial (CC) w'ithm the ~Test
}~tlantlc ~\\TnUe O-.Trlfty DIStrict as dcfIned lfl Section 4.5.6(B). Tlr1s sub arca, kno\vn as the ~Test
Atlantic Neighborhood (\V~\~~D prm-ides for development that is Wfls13tent "veith the adopted ~Test
l~tlantic .\-.Tnm: Rede7elopment Pllln and the Dowfltown Deaa]" Eeach Master Plan. The emphaSIS
is on die pre3ervatlOn and cnhllncement of e~ustiflg netghborhood3, wht:le promoting a pedestrian
friendly commerCHI,1 arc a along ~\tlantic ..:\senue that contMf1S a lni:1r of resldeflrial, commercialafld
c1vic functions. Eusinesses that are Oriented tCYIVard selTffrg the loeal neigftborhood, as opposed to a
regionalarca, are cneouraged. }Jl parcels ',Vlthm the bound!l:'fies of the WX~'J are sho'\\'n lfl F~e
4.4.9 1.
(This space l11tentionalfy left blank)
9 ORD NO 64-04
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WEST ATLANTIC NEIGHBORHOOD
'; : v >>, \ , , ,_ ! GC (GENERAL COMMERCIAL) ZONED AREA
J "" .t<{ ,~r -t , I
___ ~ 0(, J' ,>>,_--:- ~...~..? ~r":::"'t<"l
Figure 404.9 1 West iA~tlllRtie Neighherhaed
10 ORD NO. 64-04
(a) Height: Parcels that ha.ve frontage along ..\tlantie }senue, NW Sl'4.:\venue, or SW Sa.
.:\yeaue shaY hll'<-e a front setback of fiye f-eet (5') from the ult1ffiate nght of WRr Hne.
Thc front setback area shaY be plfl-cd '.Jfith plflTr blocks to match the elaStfng
sidcwaYrs ....~ the .:\tlantlc ,,\';eaue nght of ..,-,ay.
(i) Overall Height of buildffigs shaY be a mi:rn:m-u:tH of twenty five feet (25')
and a maXimum of f-oftr eIght feet (18') ill. hel~t. Exceptions to th.e height
limitatlons shaY eomply with Section 4.3. 4 m (3) and (4).
(ii) Meade Height shaR be a tni:mm,um tea feet (10'), measured from fifti3hed
arcade flOOf to f1:tllshed areade ce4n~.
(Hi) Floor Height shaY be a ft'l1ilim.um of ten feet (10') for ground floon and a
mfrumum of nine feet (9') for aR other flOOfS. AY heights shaY be measmed
from fmished floor to fimshed cetltng. .Auxmary and ser'nee rooms, sueh as,
garages, restfooms, closets, laundry rooms, dressing rooms, storage
rooms, mechamcal, e1eetflcal, and plumbing eqUipment room3 are exempted
from th.e floor height reguJations.
N HEIGHT
REGU IONS 48FT
DON
APPLY TO ~
AUXILIARY
AND SERVICE
ROOMS
, I 10FT
II MIN
1 I
;t:
Figure 1.1.9 2 8HildiRg Height ReEtHireHleftt~
(b) The m1ftl:ffiUm open spaee reqUHeffient is ten percent (10%) of the site area. l1Y
landseape reqU11:ements for pa-rkmg lots a-nd bufferffig of residenti1l.1 propertles,
pursuant to SeetIon 4.6. 4 and 4.6.16, shaR apply.
11 ORD NO. 64-04
· Se.h.clo3, the
.. F..togc ...d 1'.0.. . f <fte lot a1m_~
(C) 8B1.""'1I ... . . I." !ft. pomo" e
{; an mterfor 0
butldtftg frontage or . d tude setnlieb.
(i) The ry ,,,.el mUms the re_ f mer lot ;,. the pamefi
pnms Ele 0 . eo I
.. .,,..,,eet Si . II . lies ctb.c <s.
{; the pnm J UHe Sl
. dit frontllge or t minus the ret):
(ti) The b..;l fig the pm..,ry ,"ec let i, the
hi. a1m""'l\ . 4' . comet
oft... 0 II . ,treet ,1<1. 0 . II kORt .""
fI: My ft qutre
f r the seeo tffiU3 tl e re
~"7 The building front~g~ the secondary street m
lt1 . f the lot a u
portion 0
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Figure 1.4.9 J BuildiBg FreBtage
Hom floor to
and may vary
d in pereentages _
&Ofitage i, expresse .
(iv) ButI""'-g . f dedie..."""
:1ft or 1 a
'*'- ft pmp"'Y ne,
f ffitle .
I haR be takeR ro 1H after dedieatiOn.
f'Bfte is s ftv fie
() Fro'" oc - mang prope . . '""""e
.v II &om <fte '" . OR Atho.... ..
"'- ' me, lMnang
{; r:lope
ad setbaeks or
""'- &Ofitage s 9 I ..
(vi) B".! ~ . >ttl. T aI.Ie 1.1. . . ''V,"",e ,lrill! .
sball <D"'I'l! .. f tiHg SA .'.flao... 1." . -ithin <ft.
ee:ildings fon side-",-a fS ....
e eli area f01: t h the emstffig
f f set a . 1 f ma e
~ -ff) The ron . mat-ena s 0
' - 'ftfl paYffig
p.....1I '. right of "'''Y. ft 8mt '"''Y f.et
. '.....e Me
' f1afi""" II "cd &efit~., IiI c or if .
H " . , .", fi,
- -ith ..:\daatic -,\venue \ d atfe }senne propc _
f lots ~ f the ..: ~ a
(Vtl:1) Por eome building, takeR rom
(69') of the ORD NO. 64.04
12
dedicatiOn lS required, from the l'esukm.g property ooe after dedication, SflllY
comply .......lth Table 4.4.9 1.
(ix) Brnld:mg frontage and setbacks for properties fronting on streets other than
Atlantic .'\...enue shaY eomply .....ith. Table 4.4.9 2.
T.\BI.E 1.1.9 1 WE~T .~.TJ ..\NTIC NElCHIlORHOOn
. ~wihllll~ ~ ilfl.--.5lrt..,ttk1.1 UtlHtlillJl; 1'.\ i11tU1I1 .~.IUltled
~tlttlt~;~....:.....l""~''-'f' . ~Htit".-1 it,;,-
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~ltf (fN"f:) .. nlliltlill~ ~..dtflt'k .. . Ihllhlill~ I Sc-Ib,H-*
I.LttttH:~ (twt) ,., J.fl~ ff-.)"..;
(Ill ill /III'IK) ftttHt-/-tttttMt !
"700~./900/^ @' "70%/900/0 ~
West .A~dtlBtie F lfliSftea gnae ~
f~7eBHe ~ ReffllMfttfig leagtfl ~ Remllffliflg leRgdl 1 7' fflifl./
~
50% ffllil[ ~ 50~/" fflliJ[ ~
37' te 42' RetRlilfltftg leagtR ~ Reffl!llftiftg leRgdl ~
(This space intentionallY left blank)
13 ORD NO. 64-04
T.4.BLg 1.1.9 2 WEST ."'.TL.\NTIC l'EICHHORHOOl)
AIl-IMHltlitl~.".."I,. 4;;4;;;,.........
!..;,...UltikHft~..... fttll'~''''~~''-( I It ift/-+lItt"'} ~'k-
R.ihltl~ ntlildtfl~-Hi"t~tr-.t tr-t)
"'00'0/900';' ~
FinIshed grilde to 25' 10' ffiil'l[
Reffilliflmg leRgili 17' min/
22' ffiil'l[
Other Right af 50% ffillJ[ ~
WftYS' 25' to 3"" Reffiaffimg leRgth ~
50% ffillJ[ ~
37' te 18' Reffilliflmg leRgili ~
700(.0/90% ~
Finished grilde to 25' W-
NW aftd SW Sfit Reffilltflffig leRgth 17' ffilfl/
....~...eftHeS ~
700/3 ffillJ[ ~
25' ta 37' Reffilliflmg leRgili ~
50% ffillJ[ ~
3""" t8 18' ReffiilifMflg leRgtfl 4l-4Htft
Nates ta TaMes 1.1.9 Illftd 1.1.9 2:
(1 ) L8ts 8f reeord ';;itfl II wiath less 1'hllR fifty feet (50') shall Be e][effifltea f1'8ffi 1'he BHilElmg frsRtllge
reEJ.~iIeffieRts pl'OYidea II ffi11ltffitiffi fi..ve (5) to ffillJaftUtffi tell. fCl8t (10') set-Bilt:!t Be flr8v'Iaea f-or 1'he
pOrtiOR 8f the Butidmg froffi flflishea grllae ta tweRt}'" fY.'e feet (25') 1fi height llRa II ffiillfffiltffl
se";eHteeH foat (17') setbilek is pWYndeallBe'\ e II height 8f f';.'eHty fi",'e feet (25').
(2) The llfll3ll.ellBle ae".'elol3ffieHt l'egulll8.8flS f8f llrelldes l'.l'elules ShllH hll.e II H'lintm_ 'illiath of f'..eke
feet (12'), mdusY.-e of esltiffifls af: pilllsters up to II ffiil'lamtlffi. .iia1'h sf 1\'iO feet (2').
(3) BHilcltng fraatllge reEJ.\:lireffieflts fef pllrlaflg gll!llges ffilty be inerellsea ta II ffiil'laftitlffi. of 100% faf all
floors B}" the ~ite PIilH Re"."1e".v ilfta l'.ppeilrllfl€'e BOilfd or the HisteR€' Presen aB8H B8i1ra sl:luleet te
e8ffipll.anee \Vith Se€'ti8fl 1 6.18(B)(11)(7i)'1), Parlang Carilges
( 1) The bJ:HJdfflg setaaek far poraoas of pilclaftg garages aB87e tv.'eHty &,'e feet (25') ffilt} Be Y.'iIi'.'ea by
the Site Plafl Re","1e;\' aHd ;~.ppearance Baara 8f 1'he Histoae Presen'iltloH B8afa sttBleet ts e81HflHllftee
'.vita Seetioa 1.6 18(B)(U)("I."i) 1), PadaHg Carilges, llHall ffiIlliffi.ltffl fi..ve (5) to ffiltJHm.l:lfR tefl f8et (10')
setbaek for the psrt'lsa ef 1'he EltHldfflg froffi flfl1saea graae te 1'Y. eat)' m"t: feet (25') 1ft heigat
(5) Fer 5ites .vita ffiulaple bWlcltags, the stttiffiRg Ifttffiedilltely abutting 1'he fsaa.. a) (51 sailH €'effipIy .,-ith
the butiEittI.g fr8atage aad setbileks lH Table 1 1.91 i1aa1.1 9 2
(G) Butit:ltng Ra8fs shaH be set-Baek 1ft lHEl'effieflts ef f'..eY.'e feet (12') to ereilte a ;emeal steflflea Badt
IIflpellfaHee
(7) Bl:lildiag aHd Site aesJgfl shaH 1ftcol'florate Cflffie Pre. eRB8H Thl'Ol:lgh EftVifoHffiefttal Desig'A.
(CPTED) standards to the gfeatest enteRt fl8sstl3le
14 ORD NO 64-04
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15 ORD NO. 64-04
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16 ORD NO. 64-04
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Fig'Hre 1.1.9 (i Building Frafttllges Ilftd Seihlleli!l far OtHer RellwNIlYs
17 ORD NO 64-04
(d) Side Street Buildiag FlOatage aad Sethaehs
(i) Side SHeet setbadm shaH be taken fl'Om the property line, or if a dedication is
required, from the resulting pi'operty ]fie after dedication.
(ii) SIde street building frontage and setBll.cks shaH eomply with the
appltcable l'Oad'A'&Y requi1'emetlts in Tables 4.4.9 lll.nd 4.4.92.
( 1:ii) For corner lots fl'Onting oa .:\tlll.ntic ..:\yenue, ~JW Sa. }~veflUe, or S~' 5~
Avcnue, the same development stll.ndards that &pply on ~\tlantic l~veffile,
NW Sa. ,,:\','enue, or SW Sa. .:'..:veffile shaH &pply to the first sflrty feet (60'),
taken from the ~'\tlll.ntic -,\venue, NV-;' Sa. ..:\vcnue, or SV-;' 5l;f> .:\venue pl'Operty
line, or if ll. dedication IS required, fl'Om the resultlng pl'Opcrty line after
dedieatlOn.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT
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Fig'llfe ~.~.9 7 Cataer lats with ."AIsBtie ."~7eBHe at NW jSW SfI> ."",veBHe Fraatsge
(e) Rear Sethael[s for ll.H builditlg floors shaH be ll. roirumum of ten feet (10') from the
pl'Operty line.
(f) Stmetares ~\YO"Jled Withia Set-hael[
(i) Baleoaies m&y enci'Oach a maX1:llTl:lfii of four feet (4 ') mto the setbacks.
18 ORD NO. 64-04
(11) Loggias aHa Trellises aboye die ground floor ffia-y encroach iato the
setbaclc3 prry;'lded they do flOt eJ[ceed the reql:H1'ed setback of the portion of
the floor d1recdy bdry;,' :It.
(11:1) Roof Ewr."es mal' encroaeh into the setbaek a ma-x:1:ffiUffi of four feet (4').
'" ROOF EAVES MAX. 4 FT.
BALCONIES 4 FT MAX
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Figure 1.1.9 8 BaerelleBlBeats
(~2) North Federal Highway Area: The following development standard shall apply to
parcels wruch have frontage on North Federal Highway or the North Federal Highway
one-way palls (N.E. 5th Avenue and N.E. 6th Avenue) between N.E. 4th Street and the
north City lim1ts.
(a) Parcels shall have a mimmum front bmlding setback of five feet (5') measured
from the ultImate right-of-way hne. The maximum setback shall be fifteen feet
(15'), unless it can be demonstrated to the Site Plan Rev1e"w and Appearance Board
that it is not feasible to comply with tlus standard.
(G) Supplemental District Regulations: In addition to the supplemental district regulations
set forth in Article 4.6, the followmg supplemental district regulations shall apply in the GC District.
(1) ~'est f~tlaatie .'\..'eft1:le O.;erlay District 8t1f>plemeatal Distriet Regulatiofts: The
follm,-.mg 3upplemefltal district regulations apply in the 'X'cst }..tlafltfe }seflue O,,'erlRJY Distfiet as
definea ifl8ection 4.5.6(B):
19 ORD NO 64-04
(a) The fo11o'...";..ng principal and eOflamoflRl uses are prohibited in the cy;-eftay district:
(1) Reta:H or 'X'holesale PlfeMm or .:\mmumtion SaJes;
(Ii) Retail or 'X'h.olesale .:!~utoffiotive PMts Sales;
(ill) L!twn Care Equtpment Sales;
(n') Contractor's Offices;
(7) .:'.bused Spouse Resldeflee3;
en) Shooting Ranges;
(.;-Ii) -,'\~dult Enterta1nment Estltbkshments;
(I'm) Sen-iec St8:tiORS.
(b) ..:\11 permitted uses ~'fth Qfi:.'e th1:ough faeilitics sha11 requife e6nditional use
appro..-al.
(e) A11 buildmgs fronting on 'X'est ..:\tkntie Avenue, N.'X'. Sa. .:\...eRue, or S.W. Sa.
Ayenue must contain nonresidential uses on the ground floor facifig the street.
Dwelling umts arc penmtted '\v~ the same structure as eOlRlllerclal uses with no
restriction OR the percentage of eaeh me al:lmved. In the event that residentialll:fld
non residential uses are located ifl the sltffle structure, residential uses aad nOR
resldentIal uses must be pltysiea11J separated and ha..-e separate aceess'\vays.
(d) Commeroal sttuetutes are Hm1ted to a maxf:1.ffiJfl'i depth of 150 feet !fom the
ultimate ~ht of way of ..:\tlaRtie ..:\~'\ eaue, ualess the parcel haB frontage on N.W.
5th .:\. ..'eRue or S:W. 5th Ayenue. .:\eeessory uses sueR as pMlung !treas,
laRdscap11lg, and dnrillllge retefltion areas m!ty extend beyond the 150 foot l:itnit.
Esta-hkshment or e:lfpafl3lOn of structures beJoRd the 150 foot ltm1t mllY be
al:lO'\\'Cd as a coRdttional use, subject to the requifed fi.nd:1:n.gs ofSectioR2.1.5(E)(5).
(e) Six (6) parlnng sf'lllees per 1,000 squMe feet of gross floor area are reEJ:wed for
restaurants and ofte (1) pMlnng spaee per 300 square feet of gross floor area is
reqUlIed for 8:11 other nOR resideRtial uses, exeept hotels aRd motels. PMlung
spaces ror residential uses are reqUlIed at the rateB established lfl SeetioR
1.6.9(C)(2).
(f) The parlung requitemeRt for hotels and motels is established at O. 7 of a spRee f-or
eReh guest room plU3 one (1) spaee per 300 3q. ft. of floor area de.;-oted to
ballrooms, meettn.g rooms, aRd shops aRd sm (6) spaces per 1,000 sq. ft. of floor
area dc-;-oted to restaurMlts and lounges within die hotel or motel.
20 ORD NO. 64-04
(g) If it is impossible or inapprepflate to provide reqU11:ed parking on site or off site,
the ifllieu fee optiOn pro.,'ided in Section 4.6.9(E)(3) m.lty be applied.
(fl.) Taere is no restriction Oft replill and/or recoflsttuCtiOfl of non conform1fig smgle
fatnt:ly re:Hdenceslocated a ffiffl:miUfH of 150 feet from. }~dantic }scnue.
(i) Parloog areas and accesswap to pMI<ing lots must be located to the reltr of
coftlftlerc1al l'ltructuTes diat lla','e frontage on .Atlantic ':'-.7enue. Where loeatmg
parl<ing to the reM of the structure is llHPossible or iflappropnate, the Si-te Plltn
Revinv and .:\ppearanee BOMd may apprcy;-e an alternate loeation.
U) Pree standrng or l'ftiJrea use residential developm.ent up to tvo'elve (12) umts per
acre 1S a permitted use. Densi-rf milT exeeea r~Tebe (12) umts per acre, up to a
m.aXl:mum of tfl:it:ty (30) units per aetc, as a conditlOnal use. Deflslty may exceed 12
uruts per aete only after thc apprO\'ing boay makes a find:mg that th.e prejeet has
substantially complied ~'fth. the petformanee l'ltllndltrds listed below, die West
}.dantie ~\~venue Rede','elopment Plan, requi:red findings of Section 2.4.5(E), ltad
applicablc standards of the Comprehcnsive Plan and Lana D cnlopm.ent
Regulations. NorNi-t:hstandrng th.ese pro.,'islOm, the appro"~.fig body m.s:y deny an
appl:H::atiOn fm IDereased density ';f,-herc 1t 1S deterffiflled that the proposed project
13 not compatible ID terms of bOOding m.ass and IDtcmity of use with SUffOUftaffi-g
developm.ent. It i3 admo,",,,...}edged that 1t m.ay not be possible for proJeet3 v.-..mch
lnvohe the modification of eX13ting stmetuTes to comply with many of the
standards. Por those types of proJects, the uk1mate demitr should be based upon
com.pliance v;-ith thosc standards ,ymch can be reasonably attltined, as '<\TcR as the
proJeds abtlity to further the goal of revitalizillg the Redevelopm.ent ...:'-.rea.
The foYcy.vi-ng perform.anee standards shaR apply to aR applieat10flS for new
de7elopment and m.odtficlltion of eXisting developments ,vmch ',vould result lft a
density gt'cater than rnrelve (12) eJ.;"'Telftn.g units per acre:
(1) The development offHs variation ifl desigfl to add iflterest to th.e elc,Tat1ons
and relicf from. the building m.ass. But:ldrng elevat10m ineorporate several of
the foRm;~;~ elem.ents: dtversitJ ill '''''.fido..... and door shapes ftfld loeanofls;
features sueh as balcomes, arches, porches; and design elements sach as
shuttcrs, ",mdoVl,' muYions, qUOl:fl:S, decorat1vc tiles, or sl:ffii:lar dtStlflge1shlfl.g
features.
(2) If the building ifldudel'l a parlnng garage as an assoelated struetuTe or within
the prmctpll:-l bOOding, die gMage elevation provides unified desiga elem.ents
',vith the maID buildffig thro~ the use of smlliar bU::1:ldrng m.ateflals and
eolor, vertical and hOrizontal dements, and areMteetuTal style. Dc.'elopm.ent
21 ORD NO. 64-04
----
of a portion of the ground floor perimeter adjacent to street fitl'its of wa:y 13
dcv'oted to window displays or floor area for activc uses such as rctatl stores,
penonal and bus1fiess serVice cstablishments, entertainment, offices, ete., 13
encoura~cd.
(3) }. number of diff-erent urnt t)lles, sizes and floor plans are ll-vaikble -.vitftin
the development. Tv;o ana three bedroom units are encouraged, as are a
combmatfon of multi level Uftlts and flats. In projects consisting of more
than t\\'elYe (12) dweYffig urnts, the proportlOn of cffiw:ncy or studio t)'Pe
urnts may not exceed 25% of the total units. There is no maximum
percentage established for pro,eets ha-ying twdye (12) or fewer units,
hcy.veve!, a ffi1.1( of unit tylles and sizes is encouraged.
(4) The project desigfl. shall creatc a-n O\'erall umfied arcMtectural character and
rmage by the use of common elements bet\\'een the butldm~(s), plt!kmg lot,
and landscapiflg. Examples of some features that could be mcorporated to
meet this standard are: freestaadffig ltgflt poles ana exterior ltgflt fixtures that
are decoratin and conSistent '.vith the architectural treatmeat of the
butldmg(s); pedestrian amernties sueh as benehes, shaded waHnva-ys, and
decorative pa-'\;ement treatment, that are sim1dar in forms, colors, materials, or
detatls as die It!cftitecture of thc building(s); focal points such as pubke art,
,'I.'ater feature/ fountain, courtyard or pub lie plazas deSigned to eOflnect
d1ffHcnt uses along a continuous pedestrian waHffi'a-y; or a combination of
s1lmllt! f-eatures that meet the intent of tfltS standlt!d.
(5) The de-v-elopment proVides eomm.on areas and/or llffiernties for residents
sueh as sWl:lTllHing pools, exercise rooms, storage roOffiS or lockers, eovered
parlnng, gardens, courtyards, or simtiar areas and/or amenities.
(6) The developffient promotes pedestrian moyements by prunding eom-enient
access from thc res1dential umts to the public side'. vall, system. Pedestrian
areas adjaeent to the butlding a-re enhanced by providffi.g additional sidewalk
area at the same leyel as the abutting public sidc~;alk. .;\ccesswap to plt!lflfig
areas are des~ed m a manner that mminuzes conflicts ben-een velMdes and
pedcstrians. The public street or streets 1fIl:ffiedtately adjacent to the
development are enhanced m a ffianner that is consistent With the strcetscape
on West ~\.Ltlant1c ~\vefiue.
(7) The development provides opportunities to salt!e parl<:l::fl.g, aeeeSSVi;a-ys,
drwc.;ltYs, etc., v;;ith adjmrung properties, or provides additional parlcing
spaees that may be used by the publie.
22 ORD NO. 64-04
(8) For bU1:ldmgs fronting on ~Test }~tlantic l"venue, N~T Sa. ..Asenue, or SW 5~
~\veflue, at lea3t fifty percent (50%) of thc surfacc area of the front street
waY(s) at the ground floor of eaeh sueh brnldmg is dc.oted to d1spla-y
wmdows and to entrances to eommerelal uses from outSide the building.
(9) The land3cape plaa for the de"".'elopment preserves aad mcorporates e:lcistifl.g
natrn 7egetatloa (where ltvlMlable), pro'y.ides new laad3capmg that is in
exeess of miffim.um standards m he~t ll:ad qUll:ntity), demoflsttll:tes
mno'y.atl\'e use of plant material, imprm'cs site design, proVides useable opefl
spaee or pOOhe plazas, aad maxll'l'l:lZ es available areas for pedestrian
lilteraetfOn. If necessary to acrue7e this standard, the projeet ffilty exceed thc
ffiaXffiTUffi setbaelr area on the grollfld floor.
(~1) North Federal Highway Overlay District: The following supplemental distnct
regulations apply to the North Federal HIghway Overlay District, as defined m Section
4.5.7.
(a) In adchtion to the uses listed m 4.4.9(D), the follO\ving light industrial uses are
allowed as conchtional uses:
(1) Fabncation and/ or assembly of manufactured matenals or parts for
chstributIon or sale, such as sheet metal, sign shops, glass shops, electronics,
cabmet and furruture making.
(2) The wholesaling, storage and distribution of products and materials;
(3) Self servIce storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
(1) Operate in conjunction with a permitted servIce or retail use that is located
on the prermses;
(2) J'vIamtam a commercial facade along North Federal HIghway, WIth the light
industrIal aspect of the busmess onented toward D1Xie HIghway;
(3) Operate within an enclosed bu1lding, with no outside storage;
(4) Onent overhead doors away from adjacent rights-of-way, except where
existing, or where the approvmg body determmes that it IS not feasible to
comply; and,
23 ORD NO. 64-04
(5) Along the property line adjacent to Dixie Highway, provide a landscape
buffer consisting of a 4' lugh hedge, and trees planted 25 feet on center to
form a sohd tree hne.
(c) In addition to subsection (b) above, any self service storage facility shall comply
With the following. The followillg regulations supersede Section 4.3.3(A).
(1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3
acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to illchvidual self-storage units that face a street
is prohibited. The extenor loading access points shall be designed in
such a way to mininuze sight lines from adjacent roads.
(b) No building shall exceed forty-eight feet (48') in height.
(c) Parking shall be provided at the rates set forth in Section 4.6.9 for the
pernutted service, office and retail uses and for self-storage uses, parktng
shall be at a rate of one (1) parking space per 100 storage units or
portion thereof, includtng: (a) a nunimum of three (3) loading spaces for
the self-service storage facility that must be striped and Signed to limit
the tIme for loadtng and unloadtng to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of accessory
office use associated with the self-storage use. Notwithstanding the
above, a mirumum of five (5) parktng spaces other than loadtng spaces
shall be provided ill connection With the self-storage use.
(d) At least 2,500 square feet of ground floor area shall be devoted to at
least one adchtIonal principal retail or service use without hmiting the
foregoillg. The adchnonal pnncipal uses may be eating and drtnktng
establishments, retail or personal service.
(3) Limitation of Uses:
(a) Activities not related to the rental or lease of self-storage uruts shall not
be conducted within the self service storage facility area, unless
specifically pernutted through the conchtional use process.
(b) Except as otherwise provided ill subsection (c), no business or activity
other than self storage shall be conducted from any self-storage unit in
24 ORD NO 64-04
the facility. Examples of prohibited uses mclude, but are not limited to
the followmg: the servicing, reparr and/or restoration of automobtles,
boats, recreational vehicles, lawnmowers and the like; moving and self-
storage comparues; cabmet making and wood worktng (whether
personal or professional); personal hobbies and arts and crafts; and any
other aCtivity unless speC1fically pernutted through the conditional use
process.
(c) Except as otherwise provided in tlus subsection (c), there shall be no
electrical power provided to, or accessible from any indiV1dual self-
storage units. This includes the prov1S1on of hghting fixtures to the
mterior of a self-storage unit, unless specifically addressed in the
conditional use approval. The use of portable generators is also
prohibited.
(d) The use or storage of any hazardous materials is prohibited.
(e) the terms and conditions of tlus section shall be clearly expressed m all
self-storage rental or leasing contracts, as well as conspicuously displayed
m plam view on a sign no smaller than one foot (1') by two feet (2') in
the leasing office at the facility.
(4) On-Site Manager: An on-site manager shall be employed at the facility
durmg all hours of operation.
(5) Hours of Operation: Customers of the self service storage facility may not
access md1vidual self-storage units before 5:00 a.m. or any later than 9:00
p.m. Hours of operatlOn may be further restricted when it is deemed that
morrung and everung traffic mto and out of the facility may negatively impact
the character of an adjacent residential area. In no circumstance shall
customers of any self service storage facility have 24 hour access to their self-
storage urut(s).
(6) Landscape Requirements: In add1tion to all applicable landscape
reqwrements and other special proVisions pursuant to the individual zone
d1striCt, a 1l111111llum ten foot (10') landscape buffer shall be required adjacent
to Federal Highway and D1X1e Highway and a 1l111111llum five foot (5')
landscape buffer shall be reqwred along all property hnes that do not abut a
roadway.
(7) Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of
boats and vehicles and truck rental is prolubited.
25 ORD NO. 64-04
(8) Architecture: All self service storage facility buildmgs must comply with the
followmg architectural standards.
(a) Bwldmg facades viSible from the pubhc right-of-way shall have the
appearance of a serVice and/or retail building through the use of doors,
wmdows, awrungs, and other appropriate buildmg elements.
(b) Extenor buildmg material shall be stucco or a sinular material.
(c) Buildings that can accommodate two or more stories shall be designed
where facing a street to have the appearance of a multi-story building
through the use of wmdows, doors, awnings, canopies or other
appropriate bwldmg elements.
(d) Building facades facmg a public right-of-way must have a 15% minimum
transparency consisting of windows that proVide v1S1bility from the
public nght-of-way from the intenor.
(e) Detailed building elevations shall be submitted pnor to the Condttional
Use pubhc heanng.
(9) Location: A self service storage facility shall not be located within a radius
of 1,000 feet of another existing self service storage facility.
H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be
a landscaped area, except "\nthin. the 'XTest ~\dant1c }senue Overlay Di3tnet as dermed in Seetion
4.5.6(B) and within the North Federal Highway Area as defmed m 4.4.9(F)-@7.(2l, wruch is subJect to
the special landscape setbacks of Section 4.3.4(H) (b). Within the reqmred front landscape area, no
paving shall be allowed except for driveways and walkways which shall be generally perpendicular to
the property hne. [173.474(E)].
(2) In structu:res loeated ia the West .:\tlantic .:\venue Oyerlft)T Distriet as defined in
Seetlon 4.5.6(B) that ha-ye an entranee from and/or '''''i1ldo'\vs facmg .:\dllntie .:'senue, the sale of
secoad hand materflll, elrcept verifiable aatiques and/or eol:lectibles (coins, stamps, sports
memorabilia, ete.) 15 prohHHted.
(3) In sttuctu:re5 loeated }fl the 'XT est Atlltfltie ~\"\'e1Ttle O'y'edaJ- D15ttft:t as defined ifl
Seetlon 4.5.G(B) that ha-ye an entrance from and/ or "\vmdows facmg .:\dftntIc A'yTenue, the piduag up
26 ORD NO 64-04
or dropptflg off, or other.\>l.se trafl3portmg of i.\'orlrers, ass~ed through afl employment a-geflcy
from aa assembly pOlfit to the ',,-,orIr sIte is prolrHHted.
(42) Any outdoor chsplay of sporting goods and equipment for rent is subject to the
restrictions set forth m Section 4.6.6(C)(3).
(~21 AstrologIsts, clainToyants, fortune tellers, palmists, phrenologists, psycluc readers,
spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and
S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and
between N.E. 4th Street and N.E. 7th Street, and shall be hmited to no more than one of each
business every three hundred feet (300'), measured in a straight line from lot hne to lot hne.
(61) 24-Hour or late night businesses as defmed herein must be processed as a conchtIonal
use and are subject to the provlSlons of Section 4.3.3(VV).
SECTION 5. That Section 4.4.13, "Central Busilless (CBD) District," of the Land Development
Regulations of the Code of Ordmances of the City of Delray Beach, Florida, be, and the same IS
hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The Central Business Dlstnct (CBD) Zone District is established in
order to preserve and protect the cultural and historic aspects of downtown Delray Beach and
simultaneously provide for the stImulation and enhancement of the vitality and economic growth of
this speCIal area. Establishment of the CBD DistrIct IS consistent with and implements, ill part,
Objective C-4 of the Land Use Element of the ComprehensIve Plan. The CBD District is generally
applied to terntory depIcted in the CommerCIal Core designation on the Future Land Use Map.
The areas descnbed below and shown ill FIgures 4.4.13-1.. ftftd 4.4.13-2 and 4.4.13-3 provide for
development that IS conSIstent WIth the adopted Downtown Delray Beach Master Plan.
Central Core: The regulations are intended to result ill development that preserves the downtown's
historic moderate scale, wlule promoting a balanced nu.x of uses that will help the area evolve illto a
traditional, self-sufficient downtown. ReSIdential development IS penmtted at higher denSIties in
this area than any other part of the CIty, ill order to foster compact, pedestrIan oriented growth that
will support downtown busillesses.
27 ORD NO. 64-04
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- CENTRAL CORE
. ,",v;, caD (CENT::tAL BUSINESS DISTRICT) AND <.-SD r~c
"".., & J;:...... > ~- r'" iCENTRAl [\U~It..;cSS DlSTRICT-RAIL CORRIDORj ZONED DISTRICTS
- - _-...... ',>~ e,,~ U4 '0<'
Figure 4.4.13-1- Central Core
28 ORD NO 64-04
Beach Area: The goal for tlus area IS to "preserve and enhance the character of these areas, the
pubhc cond1tIon of the beach, the vitality of Its center, and the natural enVlronment." The Master
Plan calls for redevelopment of eXlStIng bmldmgs ill a manner that places storefronts close to the
street and parking ill the rear. \X1here eXlStIng bmldmgs are separated from the pedestrian ways by
wide landscaped areas, the add1tIon of arcades and new building square footage to bnng the
storefronts closer to the street IS encouraged.
//.;':; ": J' ! ,.o':~- '["~ 1f;'/ /~'":':::"<J-! 1\ ~.7/
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............ BEACH AREA
.. .." CBO (CENTRAL Bl)Sl~ESS D'STRlCT) ZONED OIST'lICT
1," ...." ... . ,,' , ~ -oJ '.,' ;
~,~ fA'. .,,~ ,r, '"
Figure 4.4.13-2 - Beach Area
29 ORD NO. 64-04
West Adantic Avenue Neighborhood: The goal for this area is to provIde for development that IS
consistent "\vith the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Deltay
Beach Master Plan. The emphaSIS IS on the preservation and enhancement of existing
neighborhoods. whtle promoting a pedestnan friendly commercial area along Atlantic Avenue that
contains a mL'i: of resIdentlaL commerClal and civic functions. Busmesses that are oriented toward
servmg the local neighborhood. as opposed to a reglOnal area. are encouraged.
tr. ,< '. ' \,,>, '~-'-~ _. "' , 'JL~ ii
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- WEST ATLANTIC NEIGHBORHOOD
, " " .. ",' CBD (CENTRAL BUSINESS DISTRICl) ZONED DISTRICT
. ."/"", !Y I' ~ ~ >'"
~-:; ," ....). ~ -,.; t~'
Figure 4.4.13-3 - West Atlantic Neighborhood
30 ORD NO. 64-04
(B) Principal Uses and Structures Permitted: The following types of use are allowed Wlthm the
CBD Distrlct as a perrmtted use:
(1) General reta1l uses includmg, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covenng, cheeses, beer, wine, liquor, confectionenes, cosmetics, meats, drapenes
and slipcovers, mechcines and prescriptions, electrlcal fixtures and supplies,
fabncs, fish, flowers and plants, fnuts and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnishings, lce cream, lawn care
eqU1pment, leather goods, luggage, medical and surgt.cal equipment, music and
muslcal instruments, nautical supplies, office furniture eqU1pment and supplies,
pets and pet supphes, photographic equipment and supplies, sewing supplies,
sporting goods, toys, weanng apparel and accessones, apphances, bicycles,
business machines, jewelry.
(2) Busmess and professional uses includmg, but not limited to:
* Interior decorating, medical and dental clirucs, mechcal and dental laboratones,
photograpruc studios, pnntIng and publislung, professional offices.
(3) Services and facilities includmg, but not limited to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer plckup only, dry cleaning and laundry pickup
stations, laundromats lirruted to self-service facilities, pet grooming, restaurants
excludmg dnve-in and drive-through, outdoor cafes, tailoring, tobaccorust,
vocational schools limited to arts and crafts, business, beauty, dancmg, drlving,
gymnastics, photography, modehng, and karate-Judo, small item repair, and rental
of sporting goods and equipment (such as but not lirruted to bicycles, skates,
boogt.e boards).
* Gallenes, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
gyms and clubs, museums, hbranes, newsstands, commercial or public parking
lots and parking garages.
(4) Multi-family dwelling uruts, excludmg duplexes, up to a maximum denslty of thirty
(30) units per acre except for the \Vest Atlantic Nelghborhood or Beach District. portion of die
C:BD located ca3t of the Intracoastal \X'atem'll-Y, where the maximum density lS twelve (12) dwelling
units per acre.
31 ORD NO. 64-04
(5) Hotels, motels, bed and breakfast inns, and resIdential-type inns except in the West
AdantIc NeIghborhood.
(C) Accessory Uses and Structures Permitted: The follm.ving uses are allowed when a part of,
or accessory to, the pnnclpal use:
(1) Parkmg lots.
(2) Refuse and service areas.
(3) PrOVlSlOn of services and reparr of items mcidental to the princIpal use.
(4) Storage of inventory eIther WIthin the same structure as where the sale of goods occurs
or in a separate structure on the same parcel provided that such storage facilities are not shared or
leased independent of the pnmary commercIal use of the slte.
(5) A smgle family residence, eIther separate or within a structure housing a nonresidential
use, proVIded that the residence IS occupIed by the owner, proprietor, or employee of a business
enterprise conducted on the property.
(6) Recreational facilities attendant to a multi-fanuly reSIdential development, such as
tennis courts, swimmmg pools, exerCIse areas, and meeting rooms.
(D) Conditional Uses and Structures Allowed: The followmg uses are allowed as conditional
uses WIthin the CBD District:
(1) Adult congregate living facilities.
(2) ReSIdential LIcensed ServIce Provider Facilities, subject to restrictions set forth in
Section 4.3.3(D).
(3) Amusement game facilities lmuted to such uses as pinball, air hockey, electroruc
games, and other smular com operated games when an attendant IS on duty.
(4) Cluld care and adult day care.
(5) Clubs and lodges; social, fraternal, and recreational.
(6) Fmanclal mstItutions, e.g., banks and smular mstItutIons including drive through
facilities.
(7) Funeral homes mcludmg accessory uses, such as, a chapel, crematory, and the like.
32 ORD NO 64-04
(8) Gasoline stations or the mspensmg of gasohne direcdy into vehicles, except that such
use shall not be allowed east of the Intueoastal 'X'ateryvvay m the \Vest Adantic Nelghborhood. the
Beach Distrlct, nor on lots wruch front along AdantIc Avenue or N.E. 2nd Avenue (a/k/a Pmeapple
Grove Way), beginrnng at a pomt 105' south ofN.E. 4th Street.
(9) Recreational establishments such as bowhng alleys, gymnasiums, health spas, 1TI1n1ature
golf courses, skating rinks.
(10) Veterinary cluucs.
(11) Movie theaters, excluding dnve-ins.
(12) Playhouses, chnner theaters, and places of assembly for commerclal entertainment
purposes (e.g., concerts, hve performances).
(13) Flea markets, bazaars, merchandise marts, and sirrular retail uses.
(14) \Vash establishment, with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal Waterway or on lots wruch front along
AdantIc Avenue. Further, thts use must be estabhshed on property with a nunimum lot area of
20,000 sq. ft.
(15) Multi-fanuly dwelling Uillts, excluding duplexes, at a density greater than thirty (30)
units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to
the standards and limitations of Section 4.4.13(1).
(16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(1).
(17) Restaurants, Cocktatl Lounges, Hotels, and Residential Type Inns may provide their
required parktng as valet parktng, subject to the provisions of Sectlon 4.6.9(F)(3).
(18) Drive-in or dnve-through restaurants on propertv located within the West AdantIc
N elghborhood.
(19) Hotels. motels. bed and breakfast mns. and residentIal-t;ype mns on property located
Wlthin the West AdantIc Nelghborhood.
(20) Free standing or mixed-use resldential development at a denslty greater than twelve
(12) uruts per acre. on property located Wlth1n the West Adantic Nelghborhood. subject to the
standards and linutatlons of Sectlon 4.4.13(1).
33 ORD NO. 64-04
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon apphcation to, and approval
by, the Cluef Building OffiCial for an occupational hcense.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I).
(3) Conditional uses must be approved pursuant to the provlSl0ns of Section 2.4.5(E).
(4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in
addition to the standard application 1tems of 2.4.3(A), a site and development plan (including
landscaping, elevations, and floor plans) that are of suffic1ent detail to determine that the apphcable
performance standards are bemg met. Fmal approval of the detailed site plan 1S by the Slte Plan
Review and Appearance Board.
(5) The process for modification of a conditional use and slte plan approved pursuant to
Section 4.4.13 (I) is as follows:
(a) Modifications to any aspect of the plan that was a basis for determining
compliance "\vith the apphcable performance standards shall be processed as a
mollification to the conllitIonal use approval.
(b) Modifications to the plan that do not affect the application of the performance
standards may be processed as a slte plan mollification.
(6) All development applications wluch are processed through either the Planning and Zoning
Board or SPRA.B shall be referred to the Downtown Development Authority and the Community
Redevelopment Agency pnor to action by the approvmg body.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall apply,
except as modified below. In case of confuct w1th other apphcable development regulations,
tlus Section shall apply:
(1) Height: The CBD is a geograpluc area m wluch exceptions to height regulations are
allowed pursuant to Section 4.3.40).
(a) Overall Height of buildings shall be a 1ll111llIlum of twenty-five feet (25') and a
maxnnum of forty-e1ght feet (48') m he1ght. Exceptions to the height limitations
shall comply W1th Section 4.3.40)(3) and (4).
34 ORD NO. 64--04
(b) Arcade Height shall be a nunimum ten feet (10'), measured from finished arcade
floor to fimshed arcade ceiling.
(c) Floor Height shall be a rrunimum of ten feet (10') for ground floors and a
mirumum heIght of rune feet (9') for all other floors. All heights shall be measured
from fIrushed floor to fInished ceiling. Auxiliary and serVIce rooms, such as,
garages, restrooms, closets, laundry rooms, dressmg rooms, storage rooms,
mechanical, electrical, and plumbmg eqUlpment rooms are exempted from the
floor heIght regulations.
NOTE HEIGHT
REGULATIONS
DO NOT 25 FT MIN
APPLY TO 48FT BUILDING
AUXILIARY HEIGHT
AND SERVICE
ROOMS
'"
-,-
9 FT MIN
I
!
'"
10FT
Ii MIN
,
1 I
~
Figure 4.4.13~ - Building Height Requirements
(2) Open Space: A 1l1111ll11um of 10% non-verucular open space shall be provided;
however, WIthin the area encompassed by the boundanes of the original Downtown
Development Authonty as described in Section 8.2.2(B), and within those sections of the
CBD zoning d1strlCt located within the Pmeapple Grove Main Street area and east of the
Intracoastal Waterway, there shall be no 1l1111ll11um open space requu:ement.
N otwlthstandmg the provisIons of this section, the body actIng upon a development
apphcat10n wItlun the CBD may reqUlre that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to add interest and
provIde rehef from the bU1.ldmg mass.
(3) Building Frontage and Front Setbacks:
(a) The buildmg frontage for an interior lot is the portion of the lot abutting the
primary street nunus the required SIde setbacks.
(b) The bU1.ldmg frontage for the primary street SIde of a corner lot is the portion of
the lot abuttIng the pnmary street nunus the reqUlred side setbacks.
35 ORD NO. 64-04
(c) The builchng frontage for the secondary street sIde of a corner lot IS the portion of
the lot abutting the secondary street mmus the required front and rear setbacks.
- -
. 3: 3:
0 0
a: a:
CJu''-__Jv0 '-~UUU -UUv'v'
ROW ROW. ROW
Figure 4.4.13-45. - Building Frontage
(d) Building frontage IS expressed in percentages and may vary from floor to floor.
(e) Frontage and setbacks shall be taken from the property line, or if a ded1cation is
reqUlted, from the resulting property line after dedication.
(f) Bwlding frontage and setbacks for properties fronting on Atlantic Avenue or A-1-
A shall comply with Table 4.4.13-1.
(g) The front setback area for bwldmgs fronting on Atlantic Avenue shall be paved
with pavmg materIals to match the existing sidewalks WIthin the Atlantic Avenue
right-of-way.
(h) For corner lots with Atlantic Avenue SIde street frontage, the first sixty feet (60') of
the builchng, taken from the Atlantic Avenue property line, or if a ded1cation is
required, from the resulting property hne after dedication shall comply with Table
4.4.13-1.
(i) Building frontage and setbacks for properties fronting on streets other than
Atlantic Avenue or A-l-A shall comply WIth Table 4.4.13-2.
36 ORD NO. 64-04
TABLE 4.4.13-1
Building.; Wilh .\rc.u\t'd Buildings Wilh"ul .'\1'I....ldcd
Frllntagt" I.. ~J~;juu.. 7 . ..'?_ '.IIl I'ron l;lgt.!I,;;, .~..-): ')(9,~1")
~lIh Au',\!. Bllilding
I (~'ight (fccl) I ..- ,.-
r.~. Buihlin~ Scthack .~.. Bllilding S~'lha('k
Fl'mll:dg-~' (fl,(,t) FrOllt,lgl' (ft'('I)
(minim...,,) (minimax) .
West Atlantic 70%/90% 0' 70%/90% 5'mm/
Neighborhood F1111shed grade lO'max
(WAN) and to 37' Rema111l1lg length 24'min Rema111l1lg length 17' mm/
Beach Area 22' max
(BA)~ 50% ma.'i: 12' 50% max 17' mm
37' to 48' Remaming length 24'mm Rema111l1lg length 29'min
70%/90% 5' mm or 10'
F1111shed grade max
to 25' Remaming length 17' min or
22' ma."'{
Central Core N/A 70% max 17' mm
(CC)~ 25' to 37' Remairung length 29'min
50% max 29'mm
37' to 48' Remaining 41' nun
length
48' and above 100% max 41' nun
(This space m/en/tonaIIY left blank)
37 ORD NO. 64-04
T.\JlI.E 4.4.1."-2
:\11 Uuildinl!~,I.,~ :~:'I:'''''I.I',
~~. nuildinJ,t I:runlll~c (min/molx) ~l'cbold..
1(".llh~.n , UlIildillJ: rll"ighc (f.:!:'l) ("...\) ,";
70%/90% 5'nnn/
Fmished grade to 25' 10' max
Remammg length 17' mm/
22' max
Other Right-of- 50% max 17' mm
waysflt 25' to ~8' Remammg length
29'mm
59% ffiitl[ ~
3""" t8 42'
ReffilMHtng leagtB ~
48' and above 100% 41'mm
70%/90% 5' mm/
Fmished grade to 25' 10' max
Pineapple Grove RemaInIng length 17' mm/
Way ill. 22' max
70% max 17'mm
25' to 37' RemaInIng length 29'mm
50% max 29'mm
37' to 48'
RemaInIng length 41'mm
48' and above 100% 41'mm
70%/80% (3) 15' mm(3)
FInIshed grade to 25' 70%/90% (4) 10' mm(4)
RemaIlllng length 27' mm(3)
22' mm(4)
NE and SE 5th 70% max ~ 15' mm(3)
and NE and SE 25' to 37' 10' mm(4)
6th Avenues~ RemaInmg length 27' mm
50% ma..x 34' mm
37' and above
RemaInmg length 39'mm
70%/90% 5'nnnl
Fmlshed wade to 25' 10'max
NW and SW 5'h Remammg length 17'mml
Avenues(4) 22'max
700/0 max 17'nun
25' to 37' RemaIlllng length 29' mm
50% max 29' mm
37' to 48' RemaInIng- length 41' mm
38 ORD NO 64-04
Notes to Tables 4.4.13-1 and 4.4.13-2:
(1) Lots of record "vith a "vidth less than fifty feet (50') shall be exempted from the butldmg frontage
reqmrements provIded a nunimum five (5) to maX1mum ten foot (10') setback be provIded for the
port:1on of the butldmg from finished grade to twenty-five feet (25') m heIght and a 1lilll1IIlum
seventeen foot (17') setback IS provIded above a heIght of twenty-five feet (25')
(2) The applicable development regulauons for arcades Arcades shall have a nurumum wIdth of twelve
feet (12'), mcluslve of columns or pilasters up to a maX1mum wIdth of two feet (2').
(3) ResIdential occupancy on the ground floor and primary entrances shall be onented towards NE and
SE 5th or NE and SE 6th Avenues.
(4) ~1ixed-use/Non-reSldent:1al occupancy on the ground floor.
(5) The same development standards that apply to the front property lme shall apply to the first SiXty feet
(60') of the butldmg facmg the SIde street property lme.
(6) Butldmg frontage requirements for parkmg garages may be mcreased to a maX1mum 100% for all
floors by the SIte Plan Review and Appearance Board or the HIstone Preservat:1on Board subject to
compliance \\llth Sect:1on 4.6 18(B)(14)(vI)4), Parkmg Garages
r> The buildmg setback reqwrements for port:1ons of parkmg garages above twenty-five feet (25') may be
walved by the SIte Plan ReVIew and Appearance Board or the Histone Preservat:1on Board subject to
compliance WIth Sect:1on 4 6.18(B)(14)(vI)4), Parkmg Garages, and a mirumum five (5) to max11IJ.um
ten foot (10') setback for the pornon of the butldmg from finished grade to twenty-five feet (25') m
heIght.
(8) For sItes With mult:1ple butldmgs, the butldmg Immechately abuttlng the roadway(s) shall comply with
the butldmg frontage and setbacks m Table 4.413-1 and 4413-2.
(9) Butldmg floors shall be setback m mcrements of twelve feet (12') to create a verncal stepped back
appearance
(10) Butlding and SIte deSIgn shall mcorporate Cnme Prevent:1on Through EnVironmental Design
(CPTED) standards to the greatest extent possIble
(This space intentionallY left blank)
39 ORD NO. 64-04
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Beach Area and af A-I-A in Beach Area
40 ORD NO. 64-04
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41 ORD NO. 64-04
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42 ORD NO 64-04
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43 ORD NO 64-04
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44 ORD NO. 64-04
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Figure 4.4.13-911- Building Frontages and Setbacks for Other Roadways
45 ORD NO. 64-04
(4) Side interior setbacks for all bwldings shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available to the rear
of any structure, or
(b) Ten feet (10') from the property line where no vemcular access is available to the
rear of any structure. For a side intenor lot, a ten foot (10') setback is required
only on one (1) Side.
(5) Side Street Building Frontage and Setbacks
(a) Side street setbacks shall be taken from the property hne, or if a dedication is
reqUlted, from the resulting property hne after dechcatIon.
(b) Side street bwldmg frontage and setbacks shall comply with the applicable roadway
requirements in Tables 4.4.13-1 and 4.4.13-2.
(c) For corner lots fronting on Atlantic Avenue, Pineapple Grove Way, NE and SE 5th
Avenues, ffl NE and SE 6th Avenues, or NW and SW 5th Avenues. the same
development standards that apply on Atlantic Avenue, Pineapple Grove Way, NE
and SE 5th Avenue, ftfitl NE and SE 6th Avenue. or NW and SW 5th Avenue. shall
apply to the ftrst sixty (60) feet, taken from the Atlantic Avenue, Pineapple Grove
\V'ay, NE and SE 5th Avenue, ffl NE and SE 6th Avenue. or NW and SW 5th
Avenue. property hne, or if a dechcation is reqUlted, from the resulting property
hne after dechcatIon.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT
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Figure 4.4.13-192, - Corner lots with Adantic Avenue, Pineapple Grove Way, NE/SE 5th Avenue, at' NE/SE 6th
Avenue. or NW /SW 5th Avenue Frontage
46 ORD NO. 64-04
(6) Rear setback for all building floors shall be a minimum of ten feet (10') from the
property line.
(7) Structures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into the
setbacks provIded they do not exceed the reqtured building setback of the portion
of the floor directly below It.
(c) Roof Eaves may encroach illto the setbacks a maxunum of four feet (4').
~ ROOF EAVES MAX 4 FT
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.
OPEN TRELLISES AND
LOGGIAS 12 rT Ml'cl( -,-
BALCONIES 4 FT MAX
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PROPERTY LINE
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Figure 4.4.134~ - Encroachments
(G) Supplemental District Regulations: In add1tIon to the supplemental distnct regulations as
set forth ill Article 4.6, except as modified below, the following shall also apply.
(1) Central Core and Beach Area Supplemental Regulations Parkiag:
(a) Witlun that portion of the CBD bounded by SWill ton Avenue on the west, N.E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
on the south, the parking reqturements for all non-reSldentlal uses, except
47 ORD NO. 64-04
restaurants, shall be one space for each 300 square feet or fraction thereof. The
parkmg reqmred for the creation of new floor area, shall also include the
replacement of any previously reqmred parking wmch may be elmunated. Withm
all other geographic areas of the Central Core and Beach Area withm the CBD
Zone DlstrlCt, the provisions of Section 4.6.9(C) shall apply, as further mochfied
withm tills Subsection (G)(l).
(b) When the parkmg requirements are apphed to either new development, expansion
of an eXlsting use or a change ill use, wmch results in the requirement of only one
new parking space, a one space exemption shall be allowed. Tlus exemption may
only occur once per property.
(c) If it is unpossible or inappropriate to provide reqmred parking on-site or off-site,
pursuant to Subsection 4.6.9(E)(4), the ill-heu fee option provided in Section
4.6.9(E)(3) may be apphed.
(d) The parkmg reqmrement for restaurants IS establ1shed at six (6) spaces per 1,000
square feet of floor area
(e) The parking reqmrements for residential units ill multi-family structures and
mixed-use bmlchngs shall be as follows:
. Efficiency dwelling unit 1.0 space/unit
. One bedroom dwelling unit 1.25 spaces/unit
. Two or more bedroom dwelling unit 1.75 spaces/umt
. Guest parking shall be provided cumulatively as
follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may be proVlded
ill front of garage umts proVided that such parkmg does not result in the space for
one unit impechng access to a space of the other umt.
Location of Guest Parking Spaces: Guest parkmg spaces must be accessible to
all Visitors and guests and may be centralized or located near recreational features
Wlthm a development project.
48 ORD NO. 64-04
(2) West Atlantic Neighborhood Supplemental District Regulations: The followmg
supplemental rustrlct regulations apply m the \Vest Atlantic Avenue Overlay DistrIct as
defmed m SectIon 4.5.6(B):
(a) CommercIal structures are limited to a maximum depth of 150 feet from the
ultimate nght-of-way of Atlantic Avenue. unless the parcel has frontage on N.W.
5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas.
landscapmg. and dramage retention areas may extend beyond the 150 foot hmit.
Establishment or expanslOn of structures beyond the 150 foot limit may be
allowed as a conditional use. sublect to the reqmred findmgs of Section 2.4.5(E)(5).
(b) There is no restnction on repair and/or reconstruction of non-conforming single
fatn1ly residences located a mirumum of 150 feet from Atlantic Avenue.
(c) Six (6) park1ng spaces per 1.000 square feet of gross floor area are required for
restaurants and one (1) parkmg space per 300 square feet of gross floor area is
requlted for all other non-residential uses. except hotels and motels. Parking
spaces for resIdential uses are reqmred at the rates established m Section
4.6.9(C)(2).
(d) The park1ng requirement for hotels and motels is established at 0.7 of a space for
each guest room plus one (1) space per 300 sq. ft. of floor area devoted to
ballrooms. meeting rooms. and shops and six (6) spaces per 1.000 sq. ft. of floor
area devoted to restaurants and lounges WIthin the hotel or motel.
(e) If it is 11TIpossible or mappropnate to proVIde reqmred parking on SIte or off-site.
the in-lieu fee option provided m Section 4.6.9(E)(3) may be applied.
(f) Parking areas and accessways to parking lots must be located to the rear of
commercIal structures that have frontage on Atlantic Avenue. Where locating
parking to the rear of the structure IS 11TIpossible or mappropriate. the Site Plan
ReVIew and Appearance Board may approve an alternate location.
(H) Special Regulations:
(1) The sale of second hand material, other than verifiable antiques, automotive pftrt3,
fu:ea!ffi3, and Ilt"Nn elite eqrnpffient shall not be allowed withIn busmesses nor on properties which
have an entry from and/or wmdows along and/or frontage on ~ Atlantic Avenue or N.E. 2nd
Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street.
49 ORD NO. 64-04
(2) The sale of automotive parts. firearms. and lawn care equipment. shall not be allowed
within the \Vest Atlantic Neighborhood nor within busmesses or on properties wruch have an entry
from and/or "\vindows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a
Pmeapple Grove \Vay) between East Atlantic Avenue and N.E. 4th Street.
(~J) The picking-up, dropping-off, or otherwise transporting workers, assigned through an
employment agency, from an assembly pomt m the CBD to the work site is prorubited, except
within the \Vest Atlantic Neighborhood area provided the structure involved does not have an
entrance from and/ or wmdows facmg West Atlantic Avenue.
(4) Within the \Vest Atlantic Neighborhood. all permitted uses With drive-through facilities
shall reqmre conditional use approval.
(~~ Minimum floor area for multi-family residential dwelling units shall be as estabhshed for
the Medium DenSity Residential (RM) zoning district in Section 4.3.4(1<:').
(42) Multi-fanuly dwelling units may be located m structures that are comprised of residential
units only or in nuxed-use buildings that contain a combination of residential and non-residential
uses. However, where reSidential uses are located in structures having frontage on Atlantic Avenue..
NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/ a Pmeapple Grove Way), there must be
nonreSidential uses fronting the Avenue on the ground floor.
(~1) The rental of sporting goods and eqUlpment shall be limited to no more than one business
renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line
from door to door, and any outdoor displays are subject to the restrictions set forth in Section
4.6.6(C)(3).
(6.8) 24-Hour or late night busmesses as defmed herein must be processed as a conditional use
and are subject to the prOVisions of Section 4.3.3(VV).
(I) Performance Standards These standards shall apply to all applications for new development
and modification of eXisting developments wruch would result m a density greater than thirty (30)
dwelling umts per acre in the Commercial Core or twelve (12) umts per acre in the West Atlantic
Neighborhood.
(1) The maxunum pernussible density of a particular project will be established through the
conditional use process, based upon the degree to which the development complies With the
performance standards of tlus section, the required fmdmgs of Section 2.4.5(E), and other applicable
standards of the comprehensive Plan and Land Development Regulations. Notwithstanding the
above, the approvmg body may deny an apphcation for mcreased denSity where it is determined that
50 ORD NO. 64-04
the proposed project 1S not compatible m terms of buildmg mass and mtensity of use with
surrounding development.
(2) The applicable performance standards for development exceeding twelve (12) umts per
acrea W1thm the West AdantIc Ne1ghborhood or thirty (30) uruts per acre within the Central Core
under tfl13 sectlOn are as follows:
(a) The development offers vanation in design to add mterest to the elevations and
relief from the bmldmg mass. Bmlding elevations incorporate several of the
followmg elements: chversity m window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters, window
mullions, quoms, decorative illes, or s11ll1lar chstInguishmg features.
(b) If the bmldmg includes a parking garage as an associated structure or within the
pnnClpal bmlding, the garage elevation provides unified des1gn elements with the
mam bmldmg through the use of s11ll1lar bmldmg materials and color, vertical and
honzontal elements, and_arclutectural style. Development of a portion of the
ground floor perrmeter adjacent to street r1ghts of way is devoted to window
chsplays or floor area for active uses such as retail stores, personal and business
service establishments, entertainment, offices, etc., 1S encouraged.
(c) A number of different unit types, Slzes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and flats. In projects cons1sting of more than
twelve (12) dwelling units, the proportion of effic1ency or studio type units may
not exceed 25% of the total umts. There is no maximum percentage estabhshed
for projects havmg twelve (12) or fewer umts, however, a mi." of umt types and
sizes is encouraged.
(d) The project des1gn shall create an overall umfied architectural character and rmage
by the use of common elements between the building(s), parking lot, and
landscapmg. Examples of some features that could be mcorporated to meet this
standard are: freestanding light poles and extenor hght fixtures that are
decorative and consistent ,"vith the architectural treatment of the building(s);
pedestr1an amemties such as benches, shaded walkways, and decorative pavement
treatment, that are sunilar in forms, colors, matenals, or details as the architecture
of the buildmg(s); focal points such as pubhc art, water feature/fountain,
courtyard or pubhc plazas des1gned to connect chfferent uses along a continuous
pedestnan walkway; or a combmatIon of sunilar features that meet the intent of
tlus standard.
51 ORD NO 64-04
(e) The development prmrldes common areas and/or ameruties for residents such as
swrmnung pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or sumlar areas and/or amenities.
(f) The development promotes pedestrian movements by providmg convenient
access from the residential units to the pubhc sidewalk system. Pedestrian areas
adjacent to the butldmg are enhanced by providmg additional sidewalk area at the
same level as the abutting public Sidewalk. Accessways to parktng areas are
designed ill a manner that tn1l11l111Zes confhcts between vehtcles and pedestrians.
The public street or streets immechately adjacent to the development are
enhanced ill a manner that IS consistent with the streetscape ill the downtown
area (1.e., illstallation of landscape nodes, extension of_existing paver block
system, illstallation of approved street lighting. etc.).
(g) The development prOVIdes opportunlties to share parking, accessways, driveways,
etc., With adjoIning properties, or provides additional parking spaces that may be
used by the public.
(h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue. N.E. 1st Street, or
S.E. 1 st Street contain nonresidential uses on the ground floor. At least ~
pe:reent (50%) seventy-five percent (75%) of the surface area of the front street
wall(s) at the ground floor of each such butldmg is devoted to display windows
and to entrances to commercial uses from outside the buildmg.
(I) The landscape plan for the development preserves and incorporates existing native
vegetation (where available), proVides new landscaping that IS in excess of
nunimum standards (m height and quantity), demonstrates mnovative use of plant
material, rmproves site deSign, prOVides useable open space or pubhc plazas, and
maX11nlzes available areas for pedestrian interaction. If necessary to achieve this
standard, the project may exceed the maximum setback area on the ground floor.
(3) It IS acknowledged that It may not be possible for projects which involve the modification
of existing structures to comply With many of the above referenced standards. For those types of
proJects, the ultImate denSity should be based upon compliance with those standards whtch can be
reasonably attained, as well as the proJect's ability to further the goal of reVitalizing the central
busmess district (1.e., adaptive reuse of older structures and the provision of housillg in close
proximity to employment opportunities and services).
.. .
52 ORD NO 64-04
SECTION 6. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD) Distnct,"
Subsection 4.4.24(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, ill Section 4.3.4 apply, except for:
(1) The followmg locations shall be subject to the development standards of the
Commercial Core (CC) area of the CBD Zone DiStrict:
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following locations shall be subject to the development standards of the West
Atlantic Neighborhood (WAN) area of the CBD GG Zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street
(Banker's Row) shall comply With either provisions of Section 4.3.4 or provlSlons of the
Banker's Row Development Plan, whichever is more permissive.
.. .
SECTION 7. That Section 4.5.6, "The West Atlantic Overlay District," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Flonda, be and the same is
hereby amended to read as follows:
Section 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan by Ordinance No. 82-89 on
November 28, 1989, the City identified the West Atlantic Avenue Corndor as an area in need of
redevelopment and revitahzation. In accordance with Future Land Use Element Pohey C-2.4, a
redevelopment plan was prepared for the area and was adopted by the City CommisslOn at itS
meeting of July 11, 1995. Tlus section is created to rmplement the proVisions of the adopted West
Atlantic Redevelopment Plan. All development within the West Atlantic Overlay District, as
defined in Sectlon (B) below, shall take place accordmg to the provislOns of the adopted plan.
53 ORD NO. 64-04
(B) Defined: The West AdantIc Avenue Overlay District is hereby established as the area bounded
by 1-95 on the west, Swinton Avenue on the East, S.\V 1st Street on the south, and N.W. 1st Street
on the north, and extendmg one block north of N.\V 1st Street along N.W. 5th Avenue to include
Blocks 19 and 27, Town of Delray. The regulations established ill Sections- 1.4.9(E)(1) aRd
4. 4 .9(C)(1) 4.4.13(G)(2) shall apply to all Gb-CBD zoned parcels "\vithm the Overlay District.
(C) West Atlantic Redevelopment Coalition (WARC):
(1) All applications for commercial or multiple family residential development. including signs.
withm the \V'est AdantIc Avenue Overlay District will be forwarded to the West Adantic
Redevelopment Coalition (WARC) for comment.
(C) ~Test Atlilatie .-'..veRue ~'\rehiteet1:lrill Revie~.v Cammittee (~A~C):
(1) ..\a ..\rcmtecturlil Re,'inv Committee (;"--RC) is hereb'f established to review aR deyelopmeflt
proposlils loclited l:fl the Overlay Dlsti'ict. The }~RC lictSill. aa advisory eaplleity to the Board(s)
talaag actiofl on a aevelopment propOSli1.
(2) The ~'\reMectural Reytcw COmmlttee wtY eonsist of seven (7) members ser..'in-g two (2)
year terms. Three of the l:flltial members v;.rl:l serve one (1) relir terms in order to stagger thc terms
of eommittee members. ~\RC members lire nOm1nlited by the Community Rede,..elopment .:'~gency
Board of COmmlssioflers.
(a) Memben of the ..\RC shaR be reslaeflts, property owners, or basiness owners
',vtthin the lireli bounded by S.Vo;'. 10th Sti'eet, I 95, S'.Vffiton ..:'\venue lind La.lre Ida
~
(b) Membership of the eo~ee ...,.,rl:l be as follows:
* Ty..o Iliad deyelopment professionah (arernteet, eagineer, seft'eyor, biadseftpe
lirernteet, eontraetor, ete.);
* T'Ji.TO O'Rflers of buslflesses loelitea ill. the ~'est ..".tlliatie ~\vefttle Overlay
Disti'ict; liRd
* Three members lit birge.
(3) ~\ll lippl1elitiOfl3, mdudi:ng sigfls, for eommereilil or multiple fam1Jy residefltial
de-nlopment v,Tithl:fl the \X'est .\dantie .."."eaue O'..erhr)" Distad ...-.1ll be referi'ed to the ~\RC !lad me
Commu1l1ty Rede'..elopmeat --:\gener for lid'asor}' re-..few lind eomm.eat.
54 ORD NO. 64-04
(4) The ..\RC TJ{J:tl meet as requtted to re7iei.\T submissions, rather than at regular intervals.
.. .
SECTION 8. That Section 4.6.4 "SpecIal DistrIct Boundary Treatment," Subsection 4.6.4(A),
"CommercIal Zorung adjacent to ResIdential Zorung or Zorung Districts wIth a Thtrty-FIve (35)
Foot height Lunitation," of the Land Development RegulatlOns of the Code of Ordinances of the
City of Deltay Beach, Flonda, be and the same is hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The following special district boundary
treatments are to be minimums. If other treatments are reqmred, the reqmrements which provide
for the greatest separation and most buffenng shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-
five (35) Foot Height Limitation:
(1) Properties subject to the development standards of the Central Business District (CBD)
or Ceneral Commerciltl (CC) District ~Tithin the West Adantic Neighbsfflood (W}~l"J)
shall comply with the following:
(a) Where the rear or side of a property directly abuts a zorung district with a height
lunitation of thirty-five feet (35') without any dtvision or separation between
them of thirty feet (30') or more, such as a street, alley, ratlroad, waterway, park,
or other pubhc open space, the folloWillg shall apply:
(i) For buildings or portion of the bmldings thirty-seven feet (37') or less in
height, a ten foot (10') mintmum bmlding setback from the property line
shall be provIded.
(ii) For buildings above thirty-seven feet (37') in height, a twenty-two foot
(22') minimum bmldtng setback from the property hne shall be provIded
for the portion of the building that is over thirty-seven feet (37') ill height.
(ill) A solid frnished masonry wall six feet ill heIght, or a continuous hedge at
least 4-1/2 feet ill heIght at the tune of mstallation, shall be located illside
and adjacent to the portion of the boundary line of the commercially zoned
property wmch dtrectly abuts the reSIdentlally zoned property. If a wallIS
used, It shall have only those operungs as reqmred by other city codes to
meet hurricane or severe storm construction standards. No walkways or
other pedestrian ways shall be located through the wall or hedge.
(2) All other commercially zoned properties shall comply Wlth the following:
55 ORD NO. 64-04
(a) \Vhere the rear or sIde of commercially zoned property directly abuts
reSIdentially zoned property wIthout any dtvision or separation between them,
such as a street, alley, railroad, waterway, park, or other pubhc open space, the
commercIally zoned property shall provIde a ten-foot building setback from the
property hne located adJacent to the resIdentially zoned property. In addttion,
eIther a sohd firushed masonry wall SLX feet rn heIght, or a continuous hedge at
least 4-1/2 feet rn height at the tune of rnstallation, shall be located inside and
adJacent to the portion of the boundary line of the commercially zoned property
which dtrectly abuts the resIdentially zoned property. If a wall is used, it shall
have only those operungs as required by other city codes to meet hurncane or
severe storm construction standards. No walkways or other pedestrian ways
shall be located through the wall or hedge.
(b) \Vhere the rear or side of commercIally zoned property does not directly abut
residentially zoned property but is separated from It by an alley, the commercIally
zoned property shall provide a ten-foot buildtng setback from the property line
located adJacent to the separator.
.. .
SECTION 9. That Section 4.6.9, "Off-Street Parkrng Regulations," Subsection 4.6.9 (E) "Location
of Parking Spaces,", Sub-subsectlon 4.6.9(E)(3), "In-LIeu Fee", of the Land Development
Regulations of the Code of Ordtnances of the CIty of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(3) In-Lieu Fee: If It is impossible or inappropnate to provide the required number of
on-site or off-SIte parkrng spaces, the City COmmlSSIOn may approve the payment of a fee in-heu of
providing such reqmred parking, pursuant to the followrng provIslOns:
(a) The rn-heu fee is authonzed only rn the CBD, CBD-RC, and OSSHAD, amI CC
('X'est ..:\~tlantic ":\7enue Overla-y District) Zoning Districts rn comphance with the
Supplemental DIStrlct Regulations provisions therern.
(b) Arrangements for payment shall be approved by the CIty Commission at the time
of the approval of the rn-lieu fee. The fee amount shall be based upon the
location of the property for which rn-lieu fees are berng sought. Area descriptions
and correspondtng fee amounts are hereby estabhshed as follows: (See page 4646
- A for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal \Vaterway wmch are zoned
CBD - $14,000 per space.
56 ORD NO. 64-04
(2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned
CBD or CBD-RC and wmch are not rncluded within the Pineapple Grove
Mam Street area or West Atlantic NeIghborhood - $12,000 per space.
(3) Area 3: Parcels located wIthrn the OSSHAD zorung distrIct and parcels
located "\vithrn the Pineapple Grove Main Street area wmch are zoned CBD
or CBD-RC - $6,000 per space.
(4) Area 4: Parcels located Wlthin the West Atlantic ..\venue O."erla-y District
NeIghborhood which are zoned GG CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners optlng to pay in full, or lessees of propertles, payment of the
in-lieu fee is due upon Issuance of a buildtng permit.
The rn-heu fee may be paid rn full upon issuance of a building permit or in
installments. Applicants for an rn-lieu fee wmch IS not paid in full at time of
permit, must enter into an In-LIeu of Parking Fee Agreement WIth the CIty. Such
agreement shall be recorded WIth the Pubhc_Records Office of Palm Beach
County, Florida. The obligations rmposed by such an In-Lieu of Parking Fee
Agreement constitute a restrictive covenant upon a property, and shall bind
successors, heirs and asslgns. The restrIctive covenant shall be released upon full
payment of the in-heu parkrng fees rncluding attorneys' fees and costs. In-LIeu of
Parking Fee Agreements shall only be made between the CIty and the Owner(s)
of the subject property. In-LIeu of Parking Fee Agreements shall only be made
between the City and the Owner(s) of the subject property. If an In-Lieu of
Parkrng Fee Agreement IS entered into, rnstallment payments shall be made over a
three-year time penod in three installments. The first installment shall be 50% of
the total fee and is to be paid upon sigrttng the agreement. The second
installment shall be 25% of the total fee and IS due on the second anniversary date
of the SIgning of the agreement. The third and frnal payment of 25% of the total
fee lS due on the third anmversary date of the sigrttng of the agreement. There
shall be no rnterest due under tills payment schedule.
(e) In additlon to rn-lieu fees due, where adequate right-of-way eXlsts adjacent to a
proposed proJect for which an rn-lieu parkrng fee has been approved, the
apphcant must construct additional on-street parkrng, not to exceed the total
amount of spaces subJect to in-heu fees unless authorized by the CIty
COmmlssion. The total rn-heu fee due shall be reduced by an amount equal to the
actual construction costs, but in no event to exceed total rn-heu fees, for these on-
57 ORD NO. 64-04
street spaces rncluding street hghting. Additional credit, not to exceed 10% of the
total fee, may be taken for the actual construction costs of approved streetscape
beautificatlon elements in the pubhc nght-of-way. Beautlfication rmprovements
may include, but are not hmited to, paverbrick walkways, street furniture and
landscaping. Credtt may not be taken for those streets cape elements listed in
Section 4.4.13(I)(2)(f) wmch are reqmred to meet the performance standards for
new developments in the CBD whlCh exceed 30 dwellrng units per acre. NeIther
credtt for construction of on-street spaces, nor credit for construction of
beautificatlon elements shall be rermbursed unttl such construction has been fully
completed.
.. .
SECTION 10. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Flonda, be, and
the same is hereby amended to read as follows:
(A) Minimum Requirements:
(1) The reqmrements contarned in tills Sectlon are rmnimum aesthetic standards for all site
development, bmldtngs, structures, or alterations except for single family development.
(2) It is reqmred that all sIte development, structures, buildtngs, or alterations to same, show
proper deSIgn concepts, express honest deSIgn constructlon, and be appropriate to
surroundtngs.
(B) Building and Structure Requirements:
(1) Bmldings or structures which are a part of a present or future group or complex shall
have a unity of character and deSIgn. The relationsmp of forms and the use, texture, and
color of matenals shall be such as to create a harmomous whole. \Vhen the area
mvolved forms an integral part of, IS tmmediately adjacent to, or otherwIse clearly affects
the future of any established section of the CIty, the deSIgn, scale and location on the site
shall enhance rather than detract from the character, value, and attractiveness of the
surroundings.
(2) Buildings or structures located along strips of land or on srngle sites, and not a part of a
umfied multi-bmlding complex, shall strIve to achieve vIsual harmony wIth the
surroundings. If they are bmlt rn undeveloped areas, the three primary requirements
shall be met: express honest deSIgn construction, show proper design concepts, and be
appropnate to the City.
58 ORD NO. 64-04
(3) All facades VISIble to public or adjacent property shall be desIgned to create a
harmonious whole. Materials shall express their function clearly and not appear as a
matenal foreign to the rest of the bmldtng.
(4) To be harmomous, It IS not to be mferred that bmldtngs must look ahke or be of the
same style. Harmony can be acmeved through the proper consIderation of scale,
proportion, sIte planning, landscapmg, materials, and color.
(5) Look-alike buildings are not allowed unless, in the oprnion of the SIte Plan Review and
Appearance Board or the Historic Preservatlon Board, there IS sufficIent separatlon to
preserve the aesthetic character of the present of evolvmg neighborhood. Tills is not to
be construed to prohiblt duphcation of floor plans and extenor treatment m a planned
development where, m the oprnion of the Board, the aesthetlcs of the development
depend upon, or are enhanced by the look-ahke buildtngs and their relationsmp to each
other.
(6) Buildings, wmch are of symbolic design for reasons of advertising, unless otherwise
compatible with the critena herem, ",-ill not be approved by this Board. Symbols
attached to bmldtngs will not be allowed unless they are secondary in appearance to the
building and landscape and are an aesthetic asset to the building proJect and
neIghborhood.
(7) Exterior hghttng may be used to illumrnate a bmlding and its grounds for safety
purposes, but m an aesthetic manner. LIghting IS not to be used as a form of advertising
m a manner that IS not compatible to the neIghborhood or in a manner that draws
consIderably more attention to the bmldtng or grounds at mght than m the day. Ltghttng
folloYlling the form of the building or part of the bmldtng will not be allowed If, in the
opInion of the Board, the overall effect will be gansh or detrrmental to the envltonment.
All fixtures used m extenor lighttng are to be selected for functlonal aesthetic value.
(8) Building surfaces, walls, and roofs that are consIdered gansh by the Board will be demed
approval.
(9) "Take-out" or "pIck-up" windows or doors shall not be located on a bmldtng facade that
faces a pubhc right-of-way, unless they are designed m a manner as to be an aesthetic
asset to the bmldtng and neighborhood.
(10) All exterior forms, attached or not to buildings, shall be in confotmlty to, and secondary
to, the buildtng. They shall be an asset to the aesthetics of the SIte and to the
neIghborhood.
59 ORD NO. 64-04
(11) All telephones, vendtng machrnes, or any facilities dispensing merchandtse, or a service
on private property, shall be confmed to a space bmlt into the building or buildings or
enclosed m a separate structure compatible with the mam bmldtng.
(12) Gasoline Stations:
(a) Symbolic color of the extenor facades or roofs may not be used unless they are
harmomous wIth the atmosphere of the neighborhood and the city.
(b) Extenor dtsplay of goods for sale or dtsplays designattng a servIce will not be
allowed, except that a dtsplay of goods and tools of a service may be displayed on
the pump Island, provIded the island is not consIdered by the Site Plan Review and
Appearance Board or HIstoric Preservation Board to be enlarged to take advantage
of tills provlSlon, and provided the goods and tools be such that they can be used
or mstalled at the island. For example: An oil rack is acceptable, but a tire display
IS not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbmldtngs withrn a shoppmg center shall be compatible in terms of
color, matenals, and architectural style.
(b) Procedure: The Site Plan Review and Appearance Board shall make a finding of
such compatibility pnor to approval of outbmldtng elevations. If the Board
determrnes that there IS not compatibility wIth respect to any of the items, then it
shall deny the elevations. However, if the Board feels, desplte the mcompatibility,
the elevations should be approved they shall forward the elevations to the City
Commission WIth a recommendation of approval and the CIty Commission shall
take fmal actlon.
(14) Buildings within the Downtown Area: These addttional crltena shall be apphcable to
bmldtngs located wIthrn the CBD and those areas ....ithm the CC withm the West
..:\tlantfc Neighborhood (W..\N), OSSHAD, and CBD-RC zoning dtstricts. In case of
confuct, the more restrictive regulation shall apply. All buildings shall comply with the
followmg requirements:
(i) Roofs and Gutters:
1) Roof eaves above pedestrian walkways must be guttered to promote a
pedestnan fnendly envltonment.
60 ORD NO. 64-04
2) Roofs and gutters must be built of durable materials and integrated mto
the architectural design of the building.
3) Flat roofs shall be screened from adjacent properties and streets wIth
decorative parapets. The maximum heIght of the parapet wall shall be
SlX feet (6') in heIght or sufficIent height to screen all roof mounted
eqUlpment, wmchever IS greater, measured from the top of the roof
deck to the top of the parapet wall. Exception to the height
reqmrements shall be pursuant to Section 4.3.40).
4) Roof mounted electrIcal, mechamcal, alt condttiorung, and
commumcation equipment shall be completely screened from adJacent
properties and streets. A sIght hne study WIth the following
mformation shall be subillltted to SIte Plan Review and Appearance
Board for approval:
a) A two-dimenslOnal cross section, at a mintmum scale of 1:100, of
the site showing the bmldtng with the equipment screening in
relation to the adjacent properties or pubhc street.
b) Grapmc illustration shoWillg that the eqUlpment is not visible
"\vithrn a 200 foot radius. The radius shall be measured from the
extenor SIde of the screen to a pomt ten feet (10') above finished
grade.
5) Prohibitions:
a) Flat asphalt shingles.
b) Plastic gutters.
(it) Walls:
1) Materials:
a) There shall be a maximum of two (2) primary matenals, excluding
windows, doors, accents and trims. These materials shall be
appropriate to the building style and shall be consistent on all
sides of the buildtng. The matenals shall be complementary and
create visual interest, such as shadow and depth, to the building
walls. Matenals used to srmulate other matenals shall count as
61 ORD NO. 64-04
separate matenals provIded there is a change m texture, color,
and pattern of the finish.
b) Matenals or patterns not expressly promblted may be used if the
overall effect IS complementary to the overall architectural
character and context of the adJacent propertles.
c) Metal curtain walls shall be lirmted to 30% of the total bmlding
extenor elevation.
d) Small setbacks or indentations, a minimum depth of eight inches
(8"), shall be incorporated into a minimum 30% of all building
facades without any windows and doors.
e) Prohibitions:
i) Prefabncated and pre-engineered metal wall panels.
it) 1.'1etal curtain wall systems with 100% glass and metal
combmatlon.
ill) Chain hnk fences are prohibited except wIthin sItes
contaming outdoor recreation uses or facilities such as
baseball, tenms, racquetball, etc. in which case they must be
appropnately screened wIth landscaping pursuant to
Section 4.6.16.
2) Accessory structures such as perimeter fences and walls, enclosures
used for the screening of mechamcal and electrical equipment, loading
and service areas, and/or dumpster and recycling areas shall be
consIstent "vith the arcmtectural treatment of the princIpal buildtng.
3) Treatment of blank walls:
a) Where blank walls are unavoIdable due to the requirements of a
partlcular land use or structural needs, they shall not exceed a
length of fifty feet (50'), or twenty percent (20%) of the length of
the building facmg the street, whichever IS less.
b) Blank wall sections of allowed lengths shall receive one (1) or
more of the followmg specIal deSIgn treatments in order to
increase pedestrian comfort or create visual interest:
62 ORD NO. 64-04
I) Vertical trellis rn front of the wall "vith climbrng vines or
other plant materials over at least 30% of the blank wall
surface.
ii) Control and expanslOn Joints used in a decorative pattern
"vith varied matenals or textures and spaced a maXlillum of
ten feet (10') on center. Rehef and reveal depth, if used in a
pattern, shall be a rmmmum of three-quarter (3/4) inch and
shall be a minimum of 30% percent of the blank wall
surface.
ill) Small setbacks, projections, or indentations WIth a
minimum depth of etght inches (8"), or intervals of material
change to break up the wall's surface.
iv) Addttional architectural details such as pilasters, medallions,
decorative panels or casttngs, decorative accent ttles,
louvered vents, or public art shall be integrated on any
extenor wall to avoid a blank wall appearance.
(tit) Arcades, Porches, Trellises, Loggias and Balconies:
1) Materials:
a) Building matenals shall be compatible wIth the architectural
treatment of the pnncIpal building.
b) Exterior walls or vertical surfaces shall not exceed 815% of the
length of the arcade, porch, loggta, or balcony.
2) Columns and posts:
a) The spacing between columns shall have a heIght to width or
WIdth to heIght ratio of 1:1, 2:1, 2:3, 3:1 or 5:1 or a proportion
that will emphasIze the bmldtng's vertical or honzontal
articulation or rhythm and mcremental appearance. The
maXlillum spacrng between columns, from centerline to
centerhne shall be twenty-four feet (24').
b) Structural columns or posts shall be a rmmmum of twelve inches
(12") rn width or depth. Decorative posts or columns with or
63 ORD NO. 64-04
without a lateral attachment, such as railings, beams, trellis, or
lattice, shall be a rmnimum four mches (4") in size, "vidth, or
depth.
c) Arches over columns that are part of an arcade shall have no less
than twelve inches (12") m depth.
(IV) \Vindows and Doors:
1) Window and door shutters and decorative trims and moldings shall be
sIzed to match the dtmensions of the wall openings.
2) The rmnimum transparency or glass surface area on the ground floor
wall area of all non-resIdential and nll..xed-use bmldings, shall be a
mtmmum of 75% of the wall area for that elevation. All storefronts or
glass areas abutting the street shall be transparent, non-solar or non-
nurrored, and have a light transilllSSlOn reduction of no more than
twenty percent (20%).
3) Garage doors, entrances and eXlts WIth street frontage shall be desIgned
to have a decorative appearance consistent WIth the overall
architectural composItion of the proJect.
4) All public entries, excluding emergency exits, shall be easily identifiable
and integrated mto the bmldtng architecture. Each freestanding
prmcipal structure shall have a mintmum of one clearly defmed primary
public entrance feature.
5) Prohibitions:
a) SecurIty bars on storefronts or display wmdows.
b) Back ht canopIes or awrungs, neon or fluorescent lighting, unless
incorporated into the arcmtectural concept of the project or
pubhc artwork and approved by the Site Plan ReVIew and
Appearance Board or the HIStOrlC Preservation Board. An
example of this may be a deSIgn element associated with an Art
Deco project.
(v) 1V1tscellaneous:
64 ORD NO. 64-04
1) A change in roof design, doors and ""indow rhythm and articulation,
and building materials or textures shall be reqmred every 150 feet along
a bmldtng's street frontage. Minrmum spacmg between the same
arcmtectural composition shall be 300 feet.
2) A maximum of four (4) base wall colors shall be used for each building,
except as reqmred for artworks as approved by the SIte Plan Review
and Appearance Board or HIstoric Preservation Board.
3) MIscellaneous free standing, wall or ground mounted appurtenances
such as electrical and gas meters, dumpster/ recycling, trash
compactors, gas tanks, atr condttiorung and commumcation eqUlpment
shall be enclosed or screened and mtegrated mto the bmldtng's
architectural treatment. The appurtenances shall also be prohibited
withrn the front yards.
4) Pedestrian amemties shall be integrated into the overall proJect design.
These features shall be deslgned as a focal point of a bmlding, wIthrn a
public plaza, or to facilitate pedestrian movement from a more
mtensive land use such as a retail use to a less mtensIve land use such as
an office use.
5) Similar architectural treatment shall be provided on all sides of the
bmlding.
6) Cross-ventilation, energy effiCIency, and green bmlding design shall be
considered for all proJects.
(vi) Parkrng garages: Above ground parkrng garages shall comply with the
arcmtectural reqmrements of tills Sectlon and the followmg addttional
reqmrements:
1) Ramps shall be visually screened from streets and adJacent residential
zoning dtstricts and oriented towards the intenor of the lot within a
project where possIble. Ramp profiles shall be mdden on the exterior
elevations.
2) Roof top parking shall be visually screened with articulated parapet
walls or other arcmtectural treatment acceptable to the SIte Plan
Revlew and Appearance Board. Exterior lighting shall utihze fixtures
provlded WIth cut-off shieldtng m order to eliminate glare and spillage
onto adJacent properties and roadways.
65 ORD NO 64-04
3) The openings of the garage shall be desIgned in a manner that obscures
parked vemcles. Decorative architectural elements on the ground floor
level shall be desIgned to accommodate the pedestrian scale. Parking
levels above the ground floor shall mamtam the same vertical and
honzontal articulation or rhythm and incremental appearance
established on the ground floor.
4) Due to the reqmrements of a particular land use or structural needs,
parking garages or the garage portion of the bmldtng may request an
mcrease from the buildtng frontage requirements (to a maXlillum of
100% for all floors) or a waIver from the setback reqmrements of
Sectlon 4.4.9(F)(2)(c) and Section 4.4.13(F)(3) (for portions of the
bmldtng above twenty-five feet) subJect to compliance Wlth the
following requirements:
a) The garage or the garage portion of the bmlding elevation
provIdes unified deSIgn elements wIth the mall bmlding through
the use of similar materials and color, vertical and horizontal
elements, and arcmtectural style.
b) A rmnimum 50% of the ground floor perrmeter of the garage or
the garage portlon of the buildtng adjacent to street right-of-ways
shall be devoted to window displays or floor area for active uses
such as retail stores, personal and busmess service establishments,
entertallment, offices, etc.... This number may be reduced by
the SIte Plan Revlew and Appearance Board or the Historic
Preservation Board.
c) Architectural features shall be incorporated into the facade to
mitigate the buildtng's mass and bulk and along portions of the
building adJacent to street right-of-ways.
(vti) In addition to the requirements of tills Section, bmldings WIthin the
Plneapple Grove "t\:fain Street Neighborhood shall comply with the Design
Guidehnes contained WIthrn the Pineapple Grove Main Street Neighborhood
Plan. The Pineapple Grove DeSIgn ReVIew Committee shall review the
project for comphance WIth the Pineapple Grove NeIghborhood Plan prior
to actlon by the Site Plan ReVIew and Appearance Board and the HIstoncal
Preservation Board.
66 ORD NO. 64-04
(C) Exterior Space: The scale of exterior space is to be relative to Its neighborhood, adjacent
properties, bmldings, access (roads and pedestrian routes), and lts actlvity. Building facades
enclosrng a space must be harmonious. Where, because of thelt use or age, hke facades are
not possIble, consIderation should be given to unifymg the walls of the space by the
application of landscaping, or man-made obJects of like desIgn, at modular spacrng. The floor
of a space IS of pnmary rmportance. Its materials, texture, and color, contour, and shadow on
It are to be considered, not only rn relation to the space, but to Its setting. Careful
consIderation shall be given to the preservation of natural vIstas and to the future development
of vistas wmch open rnto undeveloped areas.
(D) Parking Lots and Vehicular Use Areas:
(1) Parkrng lots and other vemcular use areas are to be deSIgned as an aesthetic asset to a
neIghborhood and to the bmldtng, group of buildings, or facility they serve. A parking
lot IS to be consIdered an outsIde, transItlonal space wmch is located between the access
(such as roads) and the building, group of buildings, or other outsIde spaces, which it
serves The parkrng lot, because It is vIewed from above as well as at eye level, should be
deSIgned accordtngly.
(2) Parking lots, vemcular use areas, and thelt parked vehicles are to be effectively screened
from the pubhc VIew and from adjacent property in a manner that is attractive and
compatible wIth safety, the neIghborhood, and facilities served.
(3) The atmosphere wlthin the parking lot and vehicular use area IS to be park-like, rather
than the harsh hardstand of pavmg. Trees are of prrmary rmportance rn the landscape.
They are not to be rrunirmzed in either height or quantity. The tree rmparts, especIally in
a relatlvely flat area, a sense of three-dtmenslOnal space. It casts shadows that reduce the
monotony of the expanse of pavrng and creates a refuge from the tropical sun. Signs
desIgnattng entrances, eXlts, and regulatlons are to be of a tasteful design and subJect to
renew by the SIte Plan ReVIew and Appearance Board or the Histonc Preservation
Board. The pavement is to be more than wall-to-wall asphalt.
(4) It IS recommended that pavement be varied in texture or color designating lanes for
automobile traffic, pedestrIan walks, and parkrng spaces. Bright-colored pavement is to
be used only "v~th restraint. In order to create a pleasant atmosphere, it IS recommended
that conSlderatlon be given to sculpture, fountarns, gardens, pools, and benches. Design
emphasIs is to be given to the entrances and exits to the lot. Trash, refuse, and
unaesthetic storage and mechamcal equipment should be screened from the parking lot.
(5) LIghttng is to be designed not only from the standpoint of safety and reSIstance to
vandahsm, but for VIsual effect. It should avoid any annoyance to the neIghbors from
brightness or glare. It should not rmpart a prison-hke atmosphere. Low lights of a
67 ORD NO 64-04
modest scale can be used along wIth feature lighting emphasizing plants, trees, barriers,
entrances, and eXlts. The flXtures are to be selected not only for their functional value,
but for thelt aesthetic qualitles. They are to be consIdered furmture of the parkrng lot
vIsIble both day and night.
(E) Criteria for Board Action: The following cnteria shall be consIdered, by the Site Plan Review
and Appearance Board or Histonc Preservation Board, in the review of plans for building
permits.
If the followrng critena are not met, the apphcation shall be disapproved.
(1) The plan or the proposed structure is in conformity wIth good taste, good design, and in
general, contrIbutes to the image of the City as a place of beauty, spaciousness, harmony,
taste, fitness, broad vistas, and mgh quahty.
(2) The proposed structure, or project, IS rn its exterior design and appearance of quality
such as not to cause the nature of the local envltonment or evolv111g environment to
matenally deprecIate rn appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, wIth the ComprehensIve Plan, and with the supplemental cnteria which
may be set forth for the Board from tune to tune.
SECTION 11. SEVERABILITY: That should any section or provIsion of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a curt of portion thereof, any
paragraph, sentence, or word be declared by a court of competent Jurisdiction to be invalid, such
decision shall not affect the vahdity of the remarnder hereof as a whole or part thereof other than
the part declared to be invahd.
SECTION 12. REPEAL OF LAWS IN CONFLICT: That all ordtnances or parts of ordinances
111 conflict herewIth be, and the same are hereby repealed.
SECTION 13. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
provision of tills ordtnance shall become and be made a part of the Land Development Regulations
of Delray Beach, FlorIda. The Sections of the ordtnance may be renumbered or re-lettered to
accomphsh such, and the word "ordtnance" may be changed to "section," "article," or any other
appropnate word.
SECTION 14. EFFECTIVE DATE: The provlSlons of this ordinance shall become effective
immedtately upon the effectlve date of Ordtnance 31-04.
68 ORD NO. 64-04
PASSED AND ADOPTED in regular session on second and fmal reading on this the _ day of
,2004.
MAYOR
ATTEST:
City Clerk
First Readtng
Second Reading _
69 ORD NO. 64-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # \O~- REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 62-04
DATE: NOVEMBER 12, 2004
This Ordinance is before City Commission for second reading and public hearing to amend Land
Development Regulations (LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and
maintenance to nonconforrmng historic structures to exceed the annual maximum thresholds listed
for nonconforming structures.
At the first reading on November 2, 2004, the Commission passed Ordinance No. 62-04.
Recommend approval of Ordinance No. 62-04 on second and final reading.
s: \Clty Clerk \agenda memos Ord 62.04.Repam;. Matntenance of HIStone Structures. 1 1.16 04
0/\
[ftflv,
I" ':.,'....". CITY COMMISSION DOCUMENTATION I
TO: DAVIDt^~. ~GER
THRU: PAUL ORLlNG, DIRECTO PLANN~ND ZO~ING
FROM: ROBERT G. TEFFT, SENIOR PLANNER'- I..--:::::t!-! )(' .//,/-;I
f .
SUBJECT: MEETING OF NOVEMBER 2, 2004
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 1.3.6(A),
"REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND MAINTENANCE
TO NONCONFORMING HISTORIC STRUCTURES TO EXCEED THE ANNUAL
MAXIMUM THRESHOLDS LISTED FOR NONCONFORMING STRUCTURES.
I' BACKGROUND I
During the course of reviewing recent development proposals within the City's historic districts,
staff has identified a concern with regard to the yearly limits to repair and maintenance placed
on nonconforming structures, particularly as it relates to contributing structures within historic
districts and individually listed historic structures. Additionally, the current code only notes that
the SPRAB can approve exterior modifications to a nonconforming structure; however external
modifications to structures within historic districts or to individually listed historic structures
outside the districts are approved by the Historic Preservation Board (HPB).
Since most renovations to contributing structures within historic districts and to individually listed
historic structures will exceed the existing percentage thresholds, the current code requirements
are counterproductive to these restoration efforts. A text amendment to LDR Section 1.3.6(A) is
proposed to add language that exempts contributing structures within historic districts and
individually listed historic structures from the yearly percentage thresholds, and to allow the
Historic Preservation Board (HPB) to approve exterior modifications to nonconforming
structures where appropriate.
Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of LDR Section 1.1.6(A), the
City Commission must make a finding that the text amendment is consistent with and furthers
the Goals, Objectives and Policies of the Comprehensive Plan. The Comprehensive Plan has
been reviewed and the following is noted:
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources.
Housina Element Obiective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of
a particular neighborhood.
The exemption of contributing structures within historic districts and individually listed historic
structures from the yearly percentage thresholds will enable the City's existing historic
resources, which may be nonconforming, to be rehabilitated and preserved without the
restriction on improvement costs. Thus, the above referenced Comprehensive Plan objectives
will be furthered by the proposed amendment.
\~B
City Commission Documentation
Meeting of November 2, 2004
LOR Text Amendment Regarding Repair and Maintenance of Nonconforming Historic Structures
Page 2
I PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of October 18, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the proposed text amendment. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 7-0, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of
the Land Development Regulations.
I RECOMMENDED ACTION I
Move approval on first reading of the amendment to LDR Section 1.3.6(A), by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections
1.1.6(A) and 2.4.5(M) of the Land Development Regulations and set a public hearing date of
November 16, 2004.
Attachments' Plannmg and Zoning Board Staff Report of October 18.2004; and Proposed Ordmance
--
DELRAY BEACH DElRAY BEACH
~1IIrA~" PLANNING AND ZONING BOARD ~
;fiir AII-_CIIy
MEMORANDUM STAFF REPORT 'IIII!
1993 19q3
2(JOI 2U01
MEETING DATE: OCTOBER 18, 2004
AGENDA ITEM: IV. D. - AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION
1.3.6(A), "REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND
MAINTENANCE TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED FOR
NONCONFORMING STRUCTURES.
I ITEM BEFORE THE BOARD ,
The item before the Board is that of making a recommendation to the City Commission regarding an
amendment to Land Development Regulations (LOR) Section 1.3.6(A) to allow repair and
maintenance to nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures, pursuant to LOR Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(A), the text of the LOR may from time to time be amended, changed,
supplemented, or repealed. No such action, however, shall be taken until a recommendation is
obtained from the Planning and Zoning Board and until a public hearing has been held by the City
Commission. Any such change shall be made by ordinance, pursuant to procedures found in LOR
Section 2.4.5(M).
I BACKGROUND AND ANALYSIS I
At its meeting of May 17, 1994, the City Commission approved on second reading a text amendment
to LOR Section 1.3.6(A), which established the current language on yearly percentage thresholds on
repair and maintenance of nonconforming structures. The text amendment established the twelve
(12) month timeframe and enabled the Site Plan Review and Appearance Board (SPRAB) to approve
exterior modifications not to exceed 15% of the structures current replacement cost in addition to the
10% threshold on interior work. The text amendment modified LOR Section 1.3.6(A) as follows:
(A) On any nonconforming structure or on a structure containing a nonconforming use, work
may be done on ordinary repairs, or on repair or replacement of fixtures, non bearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current
replacement cost of the structure in any 12 month period. In addition, the Site Plan Review
and Appearance Board may approve exterior modifications to a nonconforminq structure or
a structure containino a nonconformino use. provided the modifications do not exceed 15%
of the current replacement cost of the structure in any 12 month period.
During the course of reviewing recent development proposals within the City's historic districts, staff
has identified a concern with regard to the yearly limits, particularly as it relates to contributing
structures within historic districts and individually listed historic structures. Additionally, the current
code only notes that the SPRAB can approve exterior modifications to a nonconforming structure;
however external modifications to structures within historic districts or to individually listed historic
structures outside the districts are approved by the Historic Preservation Board (HPB).
Since most renovations to contributing structures within historic districts and to individually listed
historic structures will exceed the existing percentage thresholds, the current code requirements are
counterproductive to these restoration efforts. A text amendment to LDR Section 1.3.6(A) is proposed
Planning and Zoning Board Staff Report
Amendment to Land Development Regulations Section 1 .3.6(A)
Page 2
to add language that exempts contributing structures within historic districts and individually listed
historic structures from the yearly percentage thresholds, and to allow the Historic Preservation Board
(HPB) to approve exterior modifications to nonconforming structures where appropriate.
Comprehensive Plan Policies:
A review of the goals, objectives, and policies of the Comprehensive Plan was conducted and the
following is noted:
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide for
the preservation of historic resources.
Housina Element Obiective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of a
particular neighborhood.
The exemption of contributing structures within historic districts and individually listed historic
structures from the yearly percentage thresholds will enable the City's existing historic resources,
which may be nonconforming, to be rehabilitated and preserved without the restriction on
improvement costs. Thus, the above referenced Comprehensive Plan objectives will be furthered by
the proposed amendment.
I REVIEW BY OTHERS ,
Historic Preservation Board (HPB):
At its meeting of September 15, 2004, the HPB reviewed and recommended approval of the proposed
text amendment.
J ALTERNATIVE ACTIONS ,
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set
forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
J RECOMMENDED ACTION I
Move a recommendation of approval to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachments. Proposed Ordmance
---~--
ORDINANCE NO. 62-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA,
BY AMENDING ARTICLE 1.3, "NONCONFORMING USES,
LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND
MAINTENANCE", TO ALLOW REPAIR AND MAINTENANCE
TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL ~-LXIMUM THRESHOLDS LISTED
FOR NONCONFOJU..fING STRUCTURES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on , and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consIstent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 1.3.6 Re.pairs and Maintenance:
(A) On any nonconforming structure or on a structure containing a nonconforming use, work may
be done on ordinary repairs, or on repair or replacement of flXtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current replacement
cost of the structure in any 12 month period. In addition, the Site Plan Review and Appearance
Board (SPRAB) or Historic Preservation Board (HPB) may approve exterior modifications to a
nonconforming structure or a structure containing a nonconforming use, provided the
modifications do not exceed 15% of the current replacement cost of the structure in any 12
month period. However. improvements to contributing structures within historic districts or to
individually listed historic structures can exceed the established 10% interior and 15% exterior
maximum thresholds.
(B) If the Chief Building Official declares a nonconforming structure or structure containing a
nonconforming use to be unsafe or unlawful due to its physical condition, such structure shall
not be rebuilt, repaired, or restored, except in conformance with the requirements for the
zoning district in which it is located.
(C) Nothing herein shall prevent the strengthening or restoring to a safe condition, any building or
part thereof declared to be unsafe by the Chief Building Official.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
Acting City Clerk MAYOR
First Reading
Second Reading
2 ORD. NO.
62-04
---- ~-
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~1
SUBJECT: AGENDA ITEM # \OG. REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 63-04
DATE: NOVEMBER 12,2004
This Ordinance is before City Commission for second reading and public hearing to amend Land
Development Regulations (LDR), Appendix "A", "Definitions", to provide a more detailed definition
of "Sign".
At the first reading on November 2,2004, the Commission passed Ordinance No. 63-04.
Recommend approval of Ordinance No. 63-04 on second and final reading.
s.\c.ty Clerk\agenda memos.Ord 63 04.DefirutlOn ofS'gn 11.1604
01<
~ CITY COMMISSION DOCUMENT A TION 1011
,
TO:
THRU: OF PLANNING AND ZONING
FROM: JEFFR LO, ASSIST ANT PLANNING DIRECTOR
SUBJECT: MEETING OF NOVEMBER 2, 2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO APPENDIX "A"
OF THE LAND DEVELOPMENT REGULATIONS (LDRS) REGARDING THE
DEFINITION OF "SIGN".
I BACKGROUND I
At its meeting of June 22, 2004, the City Commission approved an amendment to the Land
Development Regulations, which updated the City's sign regulations. On August 17, 2004,
the City Commission approved an amendment to the Land Development Regulations to
establish regulations regarding ground signs. The proposed text amendment is to provide a
more accurate and precise definition of sign.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies
of the Comprehensive Plan. As noted previously, this amendment is being initiated more for
clarification than to fulfill any specific Comprehensive Plan policy. While the amendment does
not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is
not inconsistent with them.
I PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
October 18, 2004. There was no public testimony in opposition to the proposed text
amendment. After discussing the amendment, the Board voted 6-0 (Krall absent) to
recommend to the City Commission approval of the proposed amendment to Appendix "A" of
the Land Development Regulations regarding the definition of "Sign", by adopting the findings
of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
I RECOMME.ND~D'AcTION :., I
By motion, move to approve the amendment to Appendix "A" of the Land Development
Regulations regarding the definition of "Sign", by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations,
with second reading to occur on November 16, 2004.
Attachment: Proposed Ordinance
\~C
ORDINANCE NO. 63-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04 BY
AMENDING SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE A
MORE DETAILED DEFINITION OF "SIGN"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish reasonable regulations for the posting of signs on
public and private property in order to prevent safety hazards and protect property values; and
WHEREAS, the City Commission of the City of Delray each, Florida, desires to provide an
accurate and concise definition of signs within its code of ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 3. That Appendix "A", of the Land Development Regulations of the City of
Delray Beach, Florida, be amended as follows:
SIGN: Any device, structure. fixture. obiect or placard using graphics, symbols or written
copy designed to advertise, provide direction to, or identify an establishment, product,
goods or services.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~- --
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of ,2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2 ORD NO.53 -04
--~ -- ---
o~
I ~1
CITY COMMISSION DOCUMENTATION I '
TO: DA~~ ,CI
THRU: R OF PLANNING AND ZONING
PAU[ DORLlNG, DIRE
~
FROM: ROBERT G. TEFFT, SENIOR PLANNER"-- ~ ;I~:.r-
SUBJECT: MEETING OF NOVEMBER 16, 2004
PRIVATELY SPONSORED REZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1-A)
AND COMMUNITY FACILITIES (CF) TO MEDIUM DENSITY RESIDENTIAL (RM) FOR
THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON
AVENUE AND SW 10TH STREET.
~ BACKGROUND I
The subject properties total approximately 8.96 acres and include several platted and unplatted parcels
located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently
zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with
a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to Medium
Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the subject property.
The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future
Land Use Element Objective A-1, Future Land Use Element Policies A-1.7 and C-1.7, and Housing
Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned
FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the
Department of Community Affairs (DCA) with direction that the applicant address concerns related to the
density and affordable housing with staff before the amendment returned from the State. The applicant
has been working with staff to meet the requirements of the Southwest Area Neighborhood
Redevelopment Plan (provision of affordable housing) and has modified their rezoning application from
RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling units per
acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a commitment to
build at least 20% of the units as workforce housing units. The commitment, proposed by means of a
Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the resale of
workforce housing units; and assessing a penalty of 50% on the profits made from an early sale.
The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting of
September 27,2004; however the item was continued until the Board's meeting of October 18, 2004, at
which time the Planning and Zoning Board held a public hearing in conjunction with the rezoning request
and voted 5-0 (Krall absent, Pike stepped down) to recommend that the request be approved, by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
At its meeting of October 19, 2004, the City Commission considered the revised rezoning request of RM
on first reading. After discussing the method by which the workforce housing component was to be
enforced the Commission continued the request and directed staff to accelerate the Density Bonus
Ordinance being considered for the Southwest Area Neighborhood Redevelopment Plan and include this
property within it. A Family / Workforce Housing Ordinance has been prepared which includes this
property as an overlay district subject to a requirement of at least 20% workforce housing units being
\~A
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City Commission Documentation
Meeting of November 16, 2004
Privately Sponsored Rezoning for The Cottages at Banyan Village
Page 2
provided. This ordinance is being considered on the same agenda as this proposal. Given the voluntary
commitment to provide this workforce housing component, the required findings of consistency can be
made with respect to the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment
Plan for this rezoning request and staff is recommending approval.
l ALTERNATIVE ACTIONS I
A. Move approval of the privately sponsored request for a rezoning from R-1-A and CF to RM for the
subject property, by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria
set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
B. Move denial of the privately sponsored request for a rezoning from R-1-A and CF to RM for the
subject property, by adopting the findings of fact and law contained in the staff report, and finding that
the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element
Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3,
and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Continue with direction.
I RECOMMENDED ACTION I
Move approval of the privately sponsored request for a rezoning from R-1-A and CF to RM for the
subject property, by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments' Planning and Zoning Board Staff Report of October 18, 2004, and Ordinance by Others
- -- --~------
. .
-
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 18, 2004
AGENDA ITEM: IV. B.
ITEM: Rezoning from Single-Family Residential (R-1-A), in part, and Community
Facilities (CF), in part, to Multiple Family Residential (RM) (Quasi-Judicial
Hearing).
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VI
GENERAL DATA: lu<:
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Owner I Applicant.................. Balestrieri Development Corp.
Agent......... ....... ...... ......... Weiner & Aronson, P.A.
Location................................ Southwest Corner of Swinton
Avenue and SW 10lh Street
Property Size......................... 8.96 Acres
Current FLUM Designation.... Low Density Residential 0-5 du/ac
(LD)
Proposed FLUM Medium Density Residential 5-12 <.:>
Cl
Designation....................... du/ac (MD) it!
Current Zoning................... Single-Family Residential (R-1-A)
and Community Facilities (CF)
Proposed Zoning................ Medium Density Residential (RM)
Adjacent Zoning. .... North: Single-Family Residential (R-1-A)
South: Single-Family Residential (R-1-A)
East: Special Activities District (SAD) .
West: Single-Family Residential (R-1-A) I
0
u
Existing Land Use................. Vacant z
00(
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Proposed Land Use.............. Rezoning from R-1-A and CF to .
RM Associated with a Proposed
Multiple-Family Development I
Water Service....................... N/A CEN TRAt. A. VE
Sewer Service....................... N/A w
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SANlTA TlON
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IV. B-
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored rezoning from Single-Family Residential (R-1-A) and Community Facilities (CF) to
Medium Density Residential (RM) for the properties located at the southwest corner of Swinton
Avenue and SW 10th Street.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a recommendation to the City Commission with
respect to a FLUM amendment and Rezoning of any property within the City.
I BACKGROUND I
The subject properties total approximately 8.96 acres and include several platted and unplatted
parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are
presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
Each of the subject properties were at one time zoned R-1-A. At its meeting of February 6, 1996, the
City Commission approved the rezoning of a 7.84 acre parcel from R-1-A to CF to accommodate the
Full Gospel Assembly Church. The remaining 1.15 acres zoned R-1-A each contained residential
structures. The Full Gospel Assembly Church never established operations on the subject property
and the single-family homes have been demolished.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction
with a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to
Medium Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the
subject property. The Board voted 3-1 to recommend that the requests be denied based upon
inconsistencies with Future Land Use Element Objective A-1, Future Land Use Element Policies A-
1.7 and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting
the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned
FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the
Department of Community Affairs (DCA) with direction that the applicant address concerns related to
the density and workforce housing with staff before the amendment returned from the State. The
applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood
Redevelopment Plan (provision of workforce housing) and has modified their rezoning application
from RM-10 to RM - a change In the proposed maximum allowable density from ten (10) dwelling
units per acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a
commitment to build at least 20% of the units as workforce units. The commitment, proposed by
means of a Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the
resale of workforce units; and assessing a penalty of 50% on the profits made from an early sale.
The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting
of September 27, 2004; however the item was continued until the Board's meeting of October 18,
2004, in order to give the applicant additional time to address concerns with the Restrictive Covenant
Agreement associated with the rezoning. The rezoning request is now before the Board for action.
I ZQNING ANALYSIS I
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, 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
Planning and Zoning Board Staff R~: 1:
Cottages at Banyan Village - Rezor.... d from R-1-A and CF to RM
Page 2
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.
o Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
The proposed zoning designation of Medium Density Residential (RM) is consistent with the
proposed Medium Density Residential (MD) FLUM designation. Multiple-family townhouse
developments are allowed under RM zOning district as a permitted use at a base density of six (6)
units per acre. Increases above that density are only allowed if the subsequent development
substantially complies with the performance standards listed in LOR Section 4.4.6(1). Based on
the above, positive findings can be made with respect to FLUM consistency.
o Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future land Use
Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use andlor development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designations from R-1-A and CF to RM on several
adjoining parcels, which totals approximately 8.96 acres. The proposed rezoning will result in an
increased impact on adopted concurrency standards. Concurrency findings with respect to Parks
and Recreation, Schools, Solid Waste, Traffic, and Water and Sewer are discussed below:
Parks and Recreation: Pursuant to Land Development Regulations (LOR) Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. Based upon the proposed rezoning, the maximum allowable density (12 du/ac) would
allow 107 dwelling units, thus requiring a park impact fee of $53,500.
Schools: A School Concurrency Application has been transmitted to the School District of Palm
Beach County for their consideration. The Palm Beach County School District must approve the
development proposal for compliance with the adopted Level of Service for School Concurrency.
Verification from the Palm Beach County School District is pending and the receipt of a written
finding of approval from the School District will be required with site plan approval.
Solid Waste: The subject properties are presently vacant and therefore currently have no impact
on this level of service standard. Assuming the proposed maximum density (12 du/ac), the
subject properties will generate 55.64 tons of solid waste per year. The increase can be
accommodated by existing facilities and thus, Will not have a significant impact on this level of
service standard.
Traffic: The subject properties current FLUM designation of LD would permit maximum densities
that would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic study,
the proposed zoning designation would allow for a development generating 48 A.M. and 56 P.M.
peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted
traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter
from the Palm Beach County Traffic Division stating that the proposal complies with the Palm
Beach County Traffic Performance Standards Ordinance must be received prior to site plan
approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon
the above condition of approval being addressed, a positive finding with respect to traffic
concurrency can be made.
Planning and Zoning Board Staff Re> 1
Cottages at Banyan Village - Rezor,. .:J trom R-1-A and CF to RM
Page 3
Water and Sewer: Water service can be provided to the site via connection to a 6" water main
located within the SW 10th Street right-ot-way (north side ot the property), a 2" water main
located within the Reigle Avenue right-ot-way (south side of the property), or a 2" and 8" water
main located within the Swinton Avenue right-of-way (east side of the property). It is noted that
the 2" water mains may need to be upgraded with the future development of the property. Sewer
service can be provided to the site via connection to a sanitary sewer main located within either
the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire
suppression, fire hydrants will need to be provided within the development. However, it is noted
that fire hydrants exist immediately to the northwest and northeast of the property across SW 10th
Street, to the northeast of the property across Swinton Avenue, and to the southeast of the
property across Reigle Avenue.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted level of service standard at the City's build-out population. The proposed rezoning
will increase the demand on these public services; however adequate capacity exists to
accommodate the proposal. Thus, a positive finding with respect to this level of service standard
can be made.
o Consistency: Compliance with the performance standards set forth in LOR Section 3.2.2,
along with the required findings in LOR Section 2.4.5(D} (5), shall be the basis upon which
a finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
LOR Section 3.2.2: Standards A, S, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following neighborhoods, their zoning designations, sizes and densities border the subject
properties.
Zoning Number of
Desianation Residential Lots T ota/ Acreaae Density
North Bellview Court R-1-A 26 4.84 5.37
Palm State Heights R-1-A 44 10.06 4.37
Swinton Gardens R-1-A 11 3.14 3.50
South South ridge (Plat 1) R-1-A 94 16.11 5.83
East Silver Terrace SAD 70 12.4 5.64
West Sunset Park R-1-A 59 10.1 5.84
Average Density = 5.09
R-1-A - SinQle-Familv Residential I SAD - Soecial Activities District
The above table indicates that predominantly all of the surrounding single-family neighborhoods
have a density of approximately five (5) dwelling units per acre. It is further noted that the
majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or
areas, which results in densities that would be slightly higher than permitted under the present
Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which
is located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the
Planning and Zoning Board Staff Rf" -rt
Cottages at Banyan Village - Rezor, d from R-1-A and CF to RM
Page 4
subject property, has only recently been developed and conforms to all minimum lot dimension
and area requirements. The density of this single-family neighborhood is generally two (2)
dwelling units per acre lower than that of its contemporaries and would be drastically less than the
proposed multiple-family development at twelve (12) dwelling units per acre. Not withstanding the
above, if significant buffers and additional setbacks were provided around the perimeter of the
development adjacent to the lower density residential areas, this impact could be mitigated.
Further, the placement of lower structures (two stories vs three stories) toward the perimeter
would provide additional protection. These requirements will be addressed with site plan approval
which will require a finding of compatibility to increase densities above six (6) units per acre.
Based upon the above, given the provision of sufficient buffering from the existing low density
neighborhoods and utilization of lower structures around the perimeter of the development,
positive findings with regard to LOR Section 3.2.2(0) could be made
LOR Section 2.4.5(0) (5) - Rezoning Findings:
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission
must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is
being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make I the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances particular
to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
"First, Section 2.4.5(0) (5) (b) is applicable because there has been a change in
circumstances which makes the current zoning inappropriate. Second, Section 2.4.5(0) (5)
(c) is applicable because the requested zoning of RM is more appropriate for the property
based upon circumstances particular to the site and neighborhood".
"The proposal to rezone the property to RM is to allow redevelopment of the property for
multiple family purposes. The highest and best use of the property is multiple family units
rather than single family homes. Given the location of the property, change of circumstances,
the rezoning and development of other properties in the vicinity to multi-family and the
continued escalation of single family home prices in Palm Beach County, redevelopment as
single family residences is problematic. To the east of the property are the railroad tracks and
across from the railroad tracks are some small business offices, automotive repair facilities
and commercial uses for plumbers and other contractors. Further south is the Plaza at Delray
shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix
Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services,
Tyler Fabricators and Buchanan Screen. Recently, Eagle Marine Services received
permission [conditional use approval] to conduct boat fabrication at its facilities. Moreover, the
City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally,
further to the east of the property along SW 1 dh Street, multi-family housing, being Park Place
/ The Heritage Club, is in the process of being constructed. Therefore, the development of
multiple family residences on the subject properties is more logical as this type of residential
use provides for a better transition between commercial/industrial uses and single family
uses. Overall, a positive finding can be made that the change of circumstances in the area
makes the RM zoning district more appropriate than the current zoning".
Planning and Zoning Board Staff Reo 't
Cottages at Banyan Village - Rezon. ..:1 from R-1-A and CF to RM
Page 5
The proposed development is located in the area of The Southwest Area Neighborhood
Redevelopment Plan {"Plan'). The purpose of the Plan is to move the Southwest
Neighborhoods toward stability and stimulate private sector investment in the area. Land
within the planning area shall be developed or redeveloped to enhance the existing quality of
life, compliment existing land use and result in a mixed, but predominantly residential
community with a balance economic base. The Plan provides that increasinQ residential
densitv and providina affordable and diverse housinQ for a varietv of incomes is a
primary Qoal. Since this statement is clearly set forth in the Plan, it should be followed. In
order to provide this affordable and diverse housing, twelve (12) units per acre is needed".
According to the applicant, the basis for which the rezoning is being sought most closely relates to
reasons (b) and (c). If consideration is given to modify the zoning designations, then a designation
consistent with the prevailing future land use designation of Low Density to the north, south and west
should be given It is noted that the applicant has indicated a willingness to set aside at least 20% of
the units within the prospective development for workforce housing. This will meet the overall
direction of providing workforce housing of the adopted Southwest Area Neighborhood Plan. To this
end, a draft of a Restrictive Covenant Agreement ("Agreement") that would be enacted subsequent to
site plan approval has been submitted. Planning and Zoning Department staff as well as the City
Attorney's Office have reviewed the Agreement and there is concern with taking the restrictive
covenant approach rather then implementing these types of requirements by ordinance. If this issue
is appropriately addressed and execution of the Agreement or Ordinance is undertaken, the request
may fulfill the necessary rezoning findings as per LOR Section 2.4.5(0) (5).
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:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic and
other applicable physical considerations; is complimentary to adjacent land uses; and fulfills
remaining land use needs.
The subject properties contain only one significant environmental characteristic, a large Banyan tree
located at the northeast corner of the site. This Banyan tree plays an important role in the character
of the property and must be incorporated into the design of any future development proposal for the
site. While the proposed development of the property will certainly provide additional housing, it is
multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the
north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a
mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair
use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for
neighborhood commercial uses. While the applicant cites the conditions to the east to justify
compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the
proposed use and intensity are not complementary to adjacent uses; however given the provision of
sufficient buffering from the existing low density neighborhoods and utilization of lower structures
around the perimeter of the development, the intensity and compatibility concerns could be mitigated.
It is once again stressed that a binding guarantee can not be made that such measures would be
implemented.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood
Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW
1Uh Street on the south, Interstate-95 on the west, and Swinton Avenue on the east.
Planning and Zoning Board Staff Rf' t
Cottages at Banyan Village - Rezon...::j from R-1-A and CF to RM
Page 6
Many of the parcels in the area contain vacant or dilapidated structures, substandard parking
and substandard landscaping. The area also contains residential areas identified as
"Rehabilitation" on the Residential Neighborhood Categorization Map contained in the
Housing Element.
The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting
of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the
area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas
based upon current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components. Future
development in the area must be in accordance with the provisions of the Redevelopment
Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified
as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some
deterioration, but do not require substantial redevelopment to achieve community livability goals.
The applicant stresses in their justification statement that "increasing residential density and providing
affordable housing for a variety of incomes" is a primary goal of the Redevelopment Plan. This theme
of providing affordable housing is noted throughout all sub-areas. The reference to increasing
residential densities is primarily aimed at sub-areas 1-3. The Redevelopment Plan indicates that in
sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The
Redevelopment Plan further states that creative financing and resource development will be required
to deliver the product envisioned by community stakeholders without pricing current residents out of
the rental and home ownership market. Sub-area #5 is not located within an area specifically
recommended for land use actions which would increase residential density. The City Commission is
currently considering actions which will implement the portion of the Redevelopment Plan (increasing
residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and
are directly tied to providing the affordable housing envisioned in the plan. This said the provision of
affordable housing is an overall theme worth achieving throughout the southwest area through
creative methods. If a significant commitment (percentage of units) can be delivered at an affordable
rate for a significant amount of time (10 years), compatibility with the Southwest Area Neighborhood
Plan can be achieved.
Housing Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in tet'fflS of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed development
will result in a degradation of any neighborhood, the project shall be modified accordingly or
denied.
As discussed previously with the Concurrency analysis, the proposed new development will increase
traffic in the surrounding area; however this increase does not appear to be substantial. The resulting
increase in units will have little impact on the surrounding area with regard to noise, odors, dust,
and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this
development parcel is located in a relatively stable neighborhood and "strongly recommends infill
development and rehabilitation of existing structures. This strategy should increase the availability of
affordable housing options." The introduction of multiple-family uses which includes workforce
housing within this area is likely to enhance stability. Based upon the above and the extent of
affordable units and their longevity, positive findings with respect to this Comprehensive Plan can be
made.
Planning and Zoning Board Staff Rr 1
Cottages at Banyan Village - Rezon'..::J from R-1-A and CF to RM
Page 7
I REVIEW BY OTHERS ,
The subject properties are not In an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Presidents Council
o Progressive Residents of Delray (P.R.O.D.)
o United Property Owner's Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
I ASSESSMENT AND CONCLUSION ~
In the absence of specific enforceable commitments to provide workforce housing components and
varying step backs in development intensity, the proposed rezoning from R-1-A and CF to RM would
be inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections
2.4.5(D) (5), 3.1.1 and 3.2.2(D). With the formalization of appropriate agreements positive findings
may be made with regard to Consistency with the Comprehensive Plan as it relates to the provision of
workforce housing and the Southwest Area Neighborhood Redevelopment Plan. The subject property
is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future
Land Use Element Policy C-1.7J The Redevelopment Plan indicates that in sub-area #5, infill
development, housing rehabilitation and code enforcement are recommended. The Redevelopment
Plan further states that creative financing and resource development will be required to deliver the
product envisioned by community stakeholders without pricing current residents out of the rental and
home ownership market. While sub-area #5 is not located within an area specifically recommended
for land use actions which would increase residential density, this would qualify as a creative way to
provide workforce housing options. Accordingly, the goals of the Redevelopment Plan would be
furthered by the proposed FLUM amendment and associated rezoning and positive findings can be
made with respect to Future Land Use Element Policy C-1.7. Careful consideration to the related site
plan (I.e. increased buffers, stepping-in of height, and affordable housing options must be considered
to assure that the introduction of incompatible multiple-family uses within this area will not occur.
Such an introduction would likely result in a destabilization of the neighborhood via a gentrifying
effect. If the appropriate workforce housing component is introduced positive findings can be made
with regard to Housing Element Policy A-12.3.
I AL TERNA:fIVEACTIONS I
^,. -,"",.- ; -. -,
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored request
for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Planning and Zoning Board Staff Rf" "t
Cottages at Banyan Village - Rezon. -d from R-1-A and CF to RM
Page 8
C. Move a recommendation of denial to the City Commission for the privately sponsored request for
a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, specifically Future Land Use Element Objective A-1, Future Land Use
Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
I RECOMMENDED ACTION ~
Move a recommendation of approval to the City Commission for the privately sponsored request for a
rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Attachments: LocatIon Map
Staff Report Prepared by' Robert G Tefft, Senior Planner
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TRACOASTAL WATERWAY
ORDINANCE NO. 60-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER
OF SW 10TH STREET AND SOUTH SWINTON AVENUE, AS MORE
P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, JULY 2004"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, July 2004 as being zoned R-l-A (Single Family Residential) in part
and CF (Community Facilities) District in part; and
WHEREAS, at its meeting of October 18, 2004, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted.. to
.. to recommend .......... of the rezoning of the property hereinafter described, based upon a failure
to make positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM (Medium Density Residential)
District for the following described property:
The West 175 feet of the North 120.9 feet of the East half (E ~) of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 40 feet thereof for right of-way of SW loth Street and also less the West 10
feet thereof.
.
.
Together With
The East 188.74 feet of the North Quarter (N ~) of the East half (E ~) of Lot 13, Section
20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page
4, less the North 40 feet thereof for right-of-way of Southwest loth Street and also less the
East 33 feet thereof for right-of-way of South Swinton Avenue.
Together With
The West 194.74 feet of the East 487.74 feet of the North half (N ~) of the Northeast
quarter (NE ~) of Lot 13, Section 20, Township 46 South, Range 43 East according to the
Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book I Page 4 less the North 120.9 feet thereof.
Together With
The South half (S ~) of the North half (N ~) of the East half of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the West 10 feet thereof and also less therefrom that portion conveyed to the City of
Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton
Avenue.
Together With
The West 99 feet of the East 287.74 feet of the North quarter (N~) ofthe East half(E ~) of
Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85
feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North
40 feet thereof for right-of-way of SW loth Street.
Together With
The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13,
of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County,
Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the
North 35 feet thereof.
2 ORD NO. 60-04
Together With
The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I, Page 4,
less the North 35 feet thereof for right-of-way SW lOth Street.
Together With
Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach,
Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or
quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which
quantity of land comprises of the 50 foot right-of-way on SW lOth Court, less that portion of
the subject property included in the widened right-of-way of South Swinton A venue, as
described by deed recorded in Official Records Book 1659, Page 937, Public Records of
Palm Beach County, Florida.
Together With
The East 15 feet of the South 85 feet of the West 99 feet ofthe East 287.74 feet of the North
quarter (N lf4) of the East half (E Yz) of Lot 13, Section 20, Township 46 South, Range 43
East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an
and for Palm Beach County, Florida, in Plat Book 3, Page 4.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
3 ORD NO. 60-04
Section 5, That this ordinance shall become effective immediately upon the effective date of
Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_,
ATTEST MAYOR
City Clerk
First Reading
Second Reading
4 ORD NO. 60-04
OA:
~
J CITY COMMISSION DOCUMENTATION I
TO: DA"PrM1r
THRU: PAUL DORLlNG, DIRE OR OF PLANNING AND ZONING
FROM: ESTELIO BRETO, SENIOR PLANNER.J1 ~ ~
.
SUBJECT: MEETING OF NOVEMBER 16, 2004
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY LR-3 (LOW RESIDENTIAL - 3
DUlAC) TO CITY GC (GENERAL COMMERCIAL). AND REZONING
FROM COUNTY CGISE (COMMERCIAL GENERAUSPECIAL
EXCEPTION) TO AC (AUTOMOTIVE COMMERCIAL) FOR A 0.99
ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY
TRAIL. APPROXIMA TEL Y 1000 FEET SOUTH OF LAKE IDA
ROAD.
I BACKGROUND I
The 0.99 acre property is currently located in unincorporated Palm Beach County and
has a CG/SE (Commercial General/Special Exception) zoning designation. The
property is located within the City's Planning Area (Future Annexation Area) and the
owner is seeking voluntary annexation at this time. The subject property consists of a tire
store and automobile repair facility. The repair activities are related to tire and wheel
installation, including wheel balancing and brake repair The hours of operation are from
8:00 A.M. to 5:30 P.M.
Tire kingdom was established in the County via Resolution NO.R-85-394 approved on
March 5, 1985. This resolution approved zoning petition 84-128, a Special Exception to
allow a tire store and automobile repair facility to operate on Lots 1, 2, 3, and 4, Block 1,
Rockland Park in Section 14, Township 46 South, Range 42 East.
I PLANNING AND ZONING BOARD CONSIDERATION l
The Planning and Zoning Board (P & Z) will consider the request at their November 15,
2004 meeting. The findings and recommendation of the P & Z Board on the Annexation,
the FLUM amendment from County LR-3 (Low Residential - 3 du/ac) to City GC
(General Commercial), and the initial zoning designation of AC (Automotive
Commercial), will be provided at the City Commission meeting.
~ RECOMMENDED ACTION I
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment
from County LR-3 (Low Residential- 3 du/ac) to City GC (General Commercial), and the
initial zoning designation of AC (Automotive Commercial), based upon the findings of
fact and law contained in the staff report, and finding that the request IS consistent with
the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0) (5),
3.1.1 and 3.2.2 of the Land Development Regulations, and set a public hearing date of
November 16, 2004.
Attachments: Staff Report prepared for the P & Z meeting of November 15, 2004 \~
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FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3C LOW RESIDENTIAL
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PLANNING'" ZONING DEPARTMENT ZONING OF AC ( AUTOMOTIVE COMMERCIAL)
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ORDINANCE NO. 65-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRA Y BEACH, A PARCEL OF LAND
LOCATED AT THE NORTHWEST CORNER OF CONKLIN
DRIVE AND MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGA nONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF GC (GENERAL
COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE COMPEHENSNE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO AC (AUTOMOTNE
COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTNE DATE.
WHEREAS, New Rochelle Plaza, a New York general partnership is the fee simple
owner of a 0.99 acre parcel of land located at the northwest corner of Conklin Drive and Military
Trail; and
WHEREAS, New Rochelle Plaza, a New York general partnership have requested by
voluntary petition to have the subject property annexed into the municipal limits of the City of
Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
LR-3 (Low ResidentiaI3-du/ac); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in
the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future
Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be
advisory only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing
the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of , and voted _ to
_ to recommend that the requests be approved with an initial zoning of AC (Automotive
Commercial), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Lots 1,2, 3 and 4, Block I Rockland Park, Palm Beach County, Florida according to the
Plat thereof recorded in Plat Book 24, Page 23 of the Public Records of Palm Beach County,
Florida, less the additional right-of-way for Military Trail (State Road 809) conveyed to Palm
Beach County by deed in Official Record Book 4599, Page 799, Palm Beach County Public
2 ORD NO. 65-04
Records
The subject property is located at the northwest comer of Conklin Drive and Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined
to include therein the above-described tract of land and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all
of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys,
or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility
for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to
current requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District AC (Automotive Commercial) as defined by
existing ordinances ofthe City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 10. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section II. That this ordinance shall become effective as follows: As to annexation,
3 ORD NO. 65-04
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or
land uses dependent on this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the Administration Commission, this
amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the Department of Community
Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_.
ATTEST MAYOR
Acting City Clerk
First Reading
Second Reading
4 ORD NO. 65-04
-~-