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12-03-96 Regular DElRAY BEACH CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ DECEMBER 3 , 1996 - 6,00 P.M. /PUBLIC HEARING 7,00 P. M. , III J ' COMMISSION CHAMBERS - The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD) , 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a maj ori ty vote of the Commission members present. - Regular Commission Meeting December 3, 1996 APPELLATE PROCEDURES please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4 . Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of November 19, 1996 6. Proclamations: A. IISaddle-Up For St. Jude Hospital Day II - December 8, 1996 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/GARDEN COURT: Approve the final plat for Garden Court, a proposed four townhouse lot subdivision located on the east side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street. B. RATIFICATION OF BOARD OF DIRECTORS FOR OLD SCHOOL SOUARE, INC.: Ratify the members of the Board of Directors for Old School Square pursuant to the Management Agreement dated August 7, 1990 between the City and Old School Square, Inc. C. SPECIAL EVENT APPROVAL/BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing, Inc. for special event approval to allow the Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on April 19-20, 1997. D. SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION: Approve a request from the Eastern Surfing Association to hold a surfing contest at the municipal beach on Saturday, December 14, 1996 from 8:00 a.m. to 5:30 p.m. E. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISH- MENT PROJECT: Authorize Coastal Planning & Engineering, Inc. -2- . Regular Commission Meeting December 3, 1996 to proceed wi th the Four Year Performance Monitoring Study of the beach nourishment project at a cost not to exceed $37,286; with funding from the Beach Restoration Fund. The entire cost will be reimbursed from federal, state and county appropriations. F. TATE LAWSUIT/APPEAL: Authorize the filing of an appeal in the referenced matter as recommended by the City Attorney. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 18 through November 27, 1996. H. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Pifer International, Inc. via the City of Port St. Lucie bid for the purchase of one Ransomes Model 250 mower for the municipal golf course, at a total cost of $24,789 from 445-4761-572-64.90. 9. Regular Agenda: A. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA ELEMEN- TARY SCHOOL: Consider a request for conditional use approval to allow the installation of a communication tower at Plumosa Elementary School. The subject property is located at the southeast corner of N.E. 2nd Avenue (Seacrest Boulevard) and N.E. 19th Street and is zoned CF (Community Facilities) District. QUASI-JUDICIAL PROCEEDING B. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT BROWNING-FERRIS INDUSTRIES, INC. : Consider a request for conditional use approval to allow the installation of a communication tower on the Browning-Ferris Industries property at 1475 S.W. 4th Avenue within the I (Industrial) zone district. The proposed location is on the northeast corner of the site. QUASI-JUDICIAL PROCEEDING C. EXTENSION OF CONDITIONAL USE APPROVAL/BETHEL EVANGELICAL CHURCH: Consider a request to extend the conditional use approval for Bethel Evangelical Church located at the northeast corner of S.W. 8th Avenue and 8th Court. D. CREATION OF A TASK TEAM/LARGE HOME COMPATIBILITY: Consider the creation of a task team to address the issues surrounding large home construction and propose recommendations. E. TEMPORARY USE PERMIT/HISTORIC DELRAY GREEN MARKET: Consider approval of a temporary use permit and site plan (per Ordinance No. 45-96) for the Historic Delray Green Market, and related City support services. F. SUPPORT FOR SCHOOL-WIDE ARTS INTEGRATED CURRICULUM/PINE GROVE ELEMENTARY SCHOOL: Consider the Education Board's -3- - . Regular Commission Meeting December 3, 1996 recommendation to ask the Palm Beach County School Board to formally support and endorse pine Grove Elementary's initiative to become the Palm Beach County model site for school-wide arts integrated curriculum. G. THIS ITEM HAS BEEN REMOVED H. CHARLIE BROWN V. CITY: Consider a request from the City Attorney for direction in the referenced matter. 1. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 1997. Recommendation by Commissioner Randolph, with appointment by Mayor Alperin. 10. Public Hearings: A. ORDINANCE NO. 56-96: An ordinance changing the Future Land Use Map (FLUM) designation from Community Facilities - Recreation to Commercial Core (small scale amendment) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a parcel of land located at the northwest corner of S.E. 1st Street and 3rd Avenue. QUASI-JUDICIAL HEARING B. ORDINANCE NO. 57-96: An ordinance designating The Sandoway House, located at 142 South Ocean Boulevard, as a local historic site. C. ORDINANCE NO. 54-96: (FIRST READING AND FIRST PUBLIC HEARING) An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District" , of the Land Development Regulations by adding the sale of new utility trailers as a permitted use within the district. If passed, second reading and second public hearing will be scheduled for January 7, 1997. 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. 58-96: An ordinance amending Chapter 96, IIFire Safety and Emergency Services" , Section 96.66, II Emergency Medical Transportation Fees" , of the City Code to revise the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1997. If passed, a public hearing will be scheduled for January 7, 1997. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -4- fK <;oj,1/) td I , WHEREAS, St. Jude Children's Research Hospital was founded in 1962 by Danny Thomas to benefit children's cancer research, and is the largest childhood cancer research center in the United States; and WHEREAS, the "Saddle-Up for St. Jude" program is designed to raise funds for St. Jude Children's Research Hospital; and WHEREAS, on Sunday, December 8, 1996, Castletiny Farms, Delray Beach, will sponsor a 10 mile trail ride where horse lovers can enjoy the one day "Saddle-up"; and WHEREAS, other games and activities complete with prizes are planned along with lunch and music for a day full of family fun. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim December 8, 1996 as SADDLE-UP FOR ST. JUDE HOSPITAL DAY in Delray Beach, and invite the public to attend and enjoy a pleasant day of horse back riding, fun and entertainment. 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 3rd day of December, 1996. MAYOR JAY ALPERIN SEAL b.A. Agenda Item No. ill- AGENDA REOUEST Date: November 21, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 3, 1996 Description of item (who, what, where, how much) : Approval of final subdivision plat for Garden Court. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES~FT ATTACHED YES~ Recommendation: Staff recommends approval of the final subdivision plat Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: @/NO tM Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CDB/gm file: tac-Garden Court ag1203rq.doc F "1<'"'" C", , Z'Jt ( MEMORANDUM TO: David T. Harden City Manager FROM: C. Dan Beatty, P.E. ~J City Engineer / SUBJECT: FINAL SUBDIVISION PLAT GARDEN COURT DATE: November 21, 1996 Attached is an agenda request for Commission approval of the final subdivision plat for Garden Court. The subject plat consists of 4 Townhouse lots and is considered a minor subdivision, therefore, Planning and Zoning Board approval is not required. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the December 3, 1996, Commission meeting for Commission approval. CDB/gm attachment cc: T AC-GARDEN COURT Paul Dorling, Principle Planner file: s/ eng/ eng/tac/ gardenct/ agmm 1203 .doc f.A. I ~r I "'.....;>0 ~'-<N".,-LJy J W ~ '", '.~ B 11 J ii 1 :' ~ ~ ~ " R.J.fa!1f I jN 1! :.,1 J ~ ~~ !1~:l!! Ig' 0 ~] .' 111141 1 OiL a:: .11 ~ e:.-l!I. i ~ g ~ If) I .Jld] ~ ;.:~ ~ 0:: t ~ 't'l . ;. ] ~ l.L 0 Itlll~~ ~ IJ u) o >- 11 IJ~d! ~ J. !~ Z If) W ~ ~ .J ri- ~!I J 10 1) ~ ~ ~ fr · ~ .~ :.,H'e 1 IH~ ~ LLO:J - u b'aI.J11.J ~ t CO o U If), ~ S 'I.f It.. II ~ . ~~ Ii ~ ~ .11, " 'Ii ~ I .so l!! 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IJd~ 111 !W i I. :F3L ~~_ ___J ~I'~JI~ Z I- Q . Ill: ! ~ j s,1 .11 i I Jill ~ ~ E ~ 'bOJ . lua~ OD3 'a6~~Q,I0 A.LIlI.Lf) .01 .'Q ::E Z -l-l! I ~ S l :i J t! I F:: i ..: ~ ~ i ' .fa" .0 1>1> a> .~~ 9l .~~ 9l . ell> 6' oc W 0 2 ! l;) 1f' J' ~ ~ .J JI .J. I J' JlI .1 ~ ~ l ~ .,.,0 - - ~j .",0 .oo'ol>i- -- CD 0 ~ Ii: R~ll!j ~~11' a. J! fl2h ~ ~.<C> 0 ~:.<C> ~ <t <( iii! "";t-: I . I Wl]rI :!:'b0) N :'1>0) n.. ~ J Il~ ~ ill III-t flj il ii 8: · .on6' . alTNM ~ ~ ~ ~zz ' . . X,' c. - . "!~/1 [.; MEMORANDUM TO: David T. Harden, City Manager FROM: ~ert A. Barcinski, Assistant City Manager DATE: November 21, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 3. 1996 RATIFICATION BOARD OF DIRECTORS OLD SCHOOL SQUARE Action City Commission is requested to ratify the attached list of Board of Directors for Old School Square. Backoround Per the Management Agreement dated August 7, 1990 between the City and Old School Square, Old School Square is required to submit to City Commission for ratification purposes only the names of members of the Board of Directors. Attached is a list of those for ratification purposes. Recommendation Staff recommends ratification of the attached list of members of the Board of Directors for Old School Square, Inc. RAB:tas File:u:sweeneylagenda Doc:ossboard.doc p.e. NOV-22-96 FRI 11:22 AM OLD SCHOOL_SQUARE 4137 243 71318 P.132 ... . Ol-D SCHOOL SQUARE, INC. BOARD OF DIRECTORS AS OF NOVEMBER, 1996 Board Membc;{ I~rm Expiring Mr. Ronald C. Backer Second Term, October 1997 Mr. Samuel Betoe First Term, October 1998 Mrs. Frances Bourque Emeritus, Lifetime Mrs. Trowbridge Callaway, III Provisionary Term, October, 1997 Mrs. Martie Connelly First Term, October 1999 Mrs. Virginia Courtenay Second Term, October 1998 Mrs. Jeanne Dubin First Term, October 1998 Mrs. Nancy Earnhart Provisionary Term, October, 1997 Mrs. Wilma Elmore First Tenn, October 1999 Ms. Judith A. Ezzes Provisionary Tenn, October, 1997 Mr. James A. Griffis, Jr. Provisionary Term, October, 1997 Mr. Charles V. V. Hardiman Second Term, October 1998 Mrs. Carol Hobbs First Term, October 1997 Mrs. Betsy Hvide Provisionary Term, October, 1997 Mrs. Patricia Jones Second Term, October 1997 Mr. Thomas E. Lynch Provisionary Term, October, 1997 Mr. P. Michael Manning, Jr. First Term, October 1998 Mrs. Anne McGraw Provisionary Term, October, 1997 Mrs. Ruth Pompey Pirst Term, October 1997 Mr. RJ Simms First Tenn, October 1998 Mrs. Rose Sloan Second Term, October 1998 Dr. Henrietta Smith First Term, October 1999 Dr. Elizabeth Stone Provisionary Term, October, 1997 Mr. William C. Swaney Provisionary Term, October, 1997 Mr. Michael S. Weiner First Term, October 1998 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER OJ.-~ SUBJECT: AGENDA ITEM # F.c!". - MEETING OF DECEMBER 3, 1996 SPECIAL EVENT APPROVAL/BUD LIGHT PRO/AM BEACH VOLLEY- BALL TOURNAMENT DATE: NOVEMBER 27, 1996 This is before the Commission to approve a request from Exclusive Sports Marketing, Inc. for special event approval to allow the 1997 Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on April 19-20, 1997. Details are outlined in the attached memorandum from Mr. Weldon. This yearly event has been very successful, and staff recommends approval of the request to hold the 1997 Bud Light Pro/Am Beach Volleyball Tournament at the municipal beach on April 19-20, 1997. Agenda I tem No.: ~.C AGENDA REQUEST Date: November 11, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 3, 1996 Description of agenda item (who, what, where, how much): Request approval to host the 1997 Bud Light Pro/Am Beach Volleyball Tournament at our municipal beach. ORDINANCE/ RESOLUTION REQUIRED: YESf!j) Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of Consistency wit City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO 1P'-1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [IT' DF DELRAY BEA[H DElRA Y BEACH f lOR . [) A tI.fb:II 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.407/243-7000 ;fiir MEMORANDUM 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: 1997 Bud Light Pro/Am Volleyball Tournament DATE: November 15, 1996 Attached please find a request from Gary Hallas of Exclusive Sports Marketing to bring the 1997 Bud Light Pro/Am Beach Volleyball Tournament to Delray Beach once again on April 19 and 20, 1997. Exclusive Sports Marketing has requested the following: 1.) 25-30 temporary volleyball courts with a 10' X 10' platform and 4 5' X 7' scaffolding towers, as well as an additional number of 10' X 10' pop-up tents used for sponsor venues. Seven spaces for staff parking at no charge Wednesday through Sunday and the placement of a large stage on the beach. 2. ) In the past, a $2.00 fee per car was charged. I advised Mr. Hallas and he agreed to a $5.00 fee per car per day with restricted parking at Sandoway Park. 3. ) Allow vehicles on the beach for support Wednesday through Sunday. 4. ) Allow signage publicizing this event and sponsors on the beach. Their sponsor is Bud Light, a commercial beer company. 5. ) Provide overnight parking, extra trash cans, and 3 - 110 outlets at the S3 tower. @ Printed on Rar;ycl8d Paper THE EFFORT ALWAYS MATTERS 2 6. ) Mr. Hallas will provide us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability in late January or early February, 1997. 7. ) Exclusive Sports Marketing will donate $500 to the Beach Patrol to help fund their competition team. As you may recall, we previously hosted this event the previous two years and they were very successful. I recommend approval for this event, and request you place it on the December 3, 1996 agenda for City Commission consideration. Please review and advise. W~ Parks and Recreation Attachment cc: Sharon Morgan Agenda Coordinator Rich Connell Beach Supervisor JW:cp Ref:vollybal ItJjd-'1/iC R~JL S-eQ v~~ . i~o JT .f!-, <; ~CJ ~ q" " . ~(l,Y\ Thursday, October 24, 1996 ) (; \) '~O D Joe Weldon '1oV \.~ /V City of Delray Beach '\ / !\\ \, ( ~. ~~it \ rA Y fV- Dear Sir: ~ ~ \ VvJ \ \\>(; \ 0 , E cr' :' / ,- r-. .. V 1"1 'l!"1qr. h' t.: 1\ l- " NO 1'.." ! \ . I \I '-'- U ,,' This letter will serve as a request for the 97 Bud Ught Pro-Am Beach Volleyball Series to once again be on Delray Beach on April 19-20. The Bud Light Pro-Am will follow the same guidelines and have the same set-up as was required in 96. The Bud Light Pro-Am Beach Volleyball Series consists of 25-30 courts with a center stage that is a 10x10 platform and four 5x7 scaffolding towers. There will be an additional number of 10x10 pop-up tents used for sponsor venues. If you have any concerns or questions feel.free to contact me at 561-241-3801. Thank you for your support and I look forward to working with you again in 97. Sincerely, ::..JOe. J ~ ()D.t~ """?oSS<~<.E 'j)",U G H II -A?RlL S-b~ ary a as "I"-- Event Manager - A?~ I L 2.G - 2- ., J.--'I ~ (./ :Y-.~ ~ U -. 'IJ.{ E Lt.-I (-c- "'-I"-"'-' I Iqf4- i: zo+" Low k TO 6E- ';!~~( 1 -;--_r> ~oS~ J~I, 6t::-S..' ~~u-S' 1<.)\'-- EXCLUSIVE SPORTS MARKETING 1060 HOLLAND DR., SUITE 3l, BOCA RATON, FLORIDA 33487 i-,: L I-- _: ~., 7 '. p - e~clu.si"Ve Spores .11-farkee....x TO: JOE WELDON-DIRECTOR OF PARKS AND RECREATION FROM: GARY HALLAS-EXCLUSIVE SPORTS MARKETING RE: 97 BUD LIGHT PRO-AM BEACH VOLLEYBALL SERIES Joe, This letter is to finalize the 97 Bud Light Pro-Am Beach Volleyball Series coming to Delray Beach once again in 97. This letter will also address the needs and concerns of the Bud Light Tour pertaining to the City of Delray Beach for the dates of April 19-20. This letter will outline the specific details involved with the operation and implementation of tlle series on the beach. Exclusive Sports Marketing requests that the City of Delray Beach; . Provide Electricity for the tour at an already established outlet provided in 96. . Provide parking at the Sandaway Park for the players on April 19-20 with a staff member collecting a $2.00 fee. Number of these spots to be determined by City (75-100) . Allow ESM's 4*4 on the beach from Wed. thru Sun. of the event for set-up and breakdown . Allow ESM truck access to the beach Wed. thru Sun. of the event . Provide extra trash receptacles and dumpster for the series clean-up . Staff parking (7) Wed. thru Sun. . Provide overnight parking for ESM truck . Sound Ordinance (after talking with Me. Weldon, ESM will follow all rules and limits) . . Restrooms will be at Anchor Park . Waive all restrictions as to signage placed on the beach for event . Provide $5(j() donation to the Delray Beach Lifeguards . Place City of Delray on additionally insured policy of tour for the event. . Center court set-up just north of Sandaway Park. Joe, if there is any other questions or concerns YOII might have fell free to call me at 561-241- 3801. I will be in contact soon. Best Regards; q-r- Gary Hallas Exclusive Sports Marketing MEMORANDUM '10: MAYOR AND CITY COMMISSIONERS FROM: CITY ~ER ~d SUBJECT : AGENDA ITEM # F - REGULAR MEETING OF DECEMBER 3, 1996 SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION DATE: NOVEMBER 22, 1996 This is before the Commission to approve a request from the Eastern Surfing Association to hold a surfing contest at the municipal beach on Saturday, December 14, 1996, from 8:00 a.m. to 5:00 p.m. If necessary, rain dates would be Saturday, December 21st, or Saturday, January 4, 1997. The City has hosted this event for the past two years with no problems. Details are outlined in the attached memorandtun from Mr. Dragon. Staff recommends approval. ref: agmemo4 . Agenda Item No.: t/J AGENDA REQUEST Date: November 21, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 3. 1996 Description of agenda item (who, what, where, how much) : Request approval to hold Eastern Surfing Association surfing contest at our municipal beach on December 14. 1996 from 8:00 AM to 5:30 PM. with rain dates of December 21. 1996 and January 4, 1997. ORDINANCE/ RESOLUTION REQUIRED: YESV Draft Attached: YES/NO Recommendation: Approval. Department Head Signature, %f~~~ Determination of Consistency w~ Com ehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: {if/ NO v11 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . [IT' DF DElRAY BEA[H DELRAY BEACH f { 0 It IDA bad 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.407/243-7000 ffirr MEMORANDUM 1993 TO: David Harden, City Manager FROM: Joe Dragon, Acting Director of Parks and Recreation SUBJECT: Surfing Contest DATE: November 21, 1996 Attached please find a copy of a letter from Tom Warnke of the Eastern Surfing Association requesting approval to hold a surfing contest at our municipal beach on December 14, 1996. Mr. Warnke expects approximately 60 participants spread over the course of the day with another 8 people helping to coordinate the event. The event will take place from 8:00 AM to 5:30 PM. Eastern Surfing Association will provide the required insurance coverage naming the City of Delray Beach as additional insured. Each contestant will be required to sign a release waiver form. The contest will not additionally impact our beach patrol as they typically set up a surfing area when surfing conditions exist. Additional security is not required. Please place this on the December 3, 1996 agenda for City Commission consideration. t~l1Jt1~ Joe tf~qon 0 Acti ~ Director of Parks and Recreation Attachment cc: Sharon Morgan, Agenda Coordinator Ref:dhsurf @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS OC~-14-1996 14:15 FROM Costa. De I f'lar TO 2437268 P.01 Post.lt" Fax Note 7671. #ot .. "~ pages. " To 0 ~N COJDepl. CQ. Phone # A V. ,~~~ Phoneft -' I" . Eas_ern Surfjns A5socja.~.n PALM EEACH COUNTY DISTRICT 625 Lakeside Harbor Memorandum Boynton Beach F1 33435 DATE: 11-19-96 TO: Joe Dragon FROM: TomWarnke RE: Additional information This morning I talked with Rich Connell at the beach, and he advised me that you need the following additional information. The size of our group on the beach is not expected to be more than thirty people at anyone time. We expect a total of sixty to seventy people to come and go during the day, but since only six conteatanta are in the wator at any one time, most contestants arrive for their scheduled event and do not stay once they have competed. The above totals include a group of eight volunteer parents, and another dozen spectators. The purpose of the event is to choose a team to represent Palm Beach County at the regional competition In May. I have ordered the insurance, with the same coverage and limits as we secured the past two years for our annual Delray Beach competition. Defray Beach is named aa an additional insured in the amount of $1,000,000.00. I am having Frazier Insurance Company Fax you a copy of the insurance cortificate as 800n 88 it, is ~repared, and I expect that will haprn today. The hard copy will 10 I~ to your attention, by ~Iar mai. This morning I am faxing a copy 0 our insurance secured r the city of Lantana this month, 80 you will be able to see the form of a typical certificate. As the volunteer director of ESA, I look forward to another 8ucce88ful event at Delray Beach. .11/25/1995 10:15 804-379-4505 FRAZIER INSURANCE PAGE 02 -piiODuCfR . -Hf~azier i~sur."ce Ag"eMY Inc_ Event #15 THIS CERTIFICATE IS .ISSUED AS A MATTER OF INFORMATION . ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATf~ P.O. Box 12S0 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OFI l1idlotMen VA ~3113-1250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE I COMPANY Associated International Insurance Company I A ,___0"_----- IHI!IUR~ eaatern sur1'1ng AUOciation i COMPANY 12507 Sunset Ave. I B Suite 0 [ COMPANY Ocean t1ty J4D 21842 ~c ___ ___ COMPANY o THIS TO CERTIFY TI'lAT THE POLICIES OF INSURANCE WSTED BELOW HAVE SEEN ISSUED TO THE IN$UflED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'l'WITHSTANOING ANY AEQUIFlEMENT. TEAM OR CONDITION OF ANY CONTAACT OR OTHER DOCUMENT WITH ~E$PECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCe AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THe TERMS, EXCI.USIONS ANO CONDITIONS OF SUCH POLICIES_ l.IMITS SHOWN MAY HAVE BEEN FlEDUCED 13V PAID CLAIMS, co .. ~'::IN.~----r I'OUCYIlUUIlo~ I POUCyr;:,,!CT. IVE j'POUCVEXl",F\ATlOIl\I---'-:;:-- lTR DAll! ~MMlOolYY) DA.TJ; (MM/DDIVY) , A GI!NIfW, UAeIU'l'Y I GENERAl. AGGAEQA TE $ 1 .000.000 X OOMMliil'lClAL 13e:NeAAl UA~UlY I ,PFWUCT9 - COMPIOP AGO $ 0 CtAIMSMAOE [!] OCCUR TeD 10/rf7/96 I 10/07/97 PEA9ONAl.&AOVINJU~ ~.!..__~=-_._._Q_:= 'I H OWNER'S & CONTRACTOR-s PFlOTi i ~CH OCCURRENCE ~ 1,000,000 t---1 _ I FIRE DAMAGE (Anyone lire) __I S_~ I MEO ~P (An one ~~onl ISO I RutoMoell.llJAB'UTY 'S ~'( AUTO I S AU.OWNEOAU'tOS Ii BOOllYINJUAY .-1------ SOHEOUUi[) AUTOs I (Per pemon) I $ _ ___, HIRED AUTOS 1900ll Y INJURY : I NON-OWNeo AUTOS . (Pel" &C;~ldent) +- I . PFlOPERTY DAMAGE $ QAFlAQE UA8IUlY I I I I AUm ONLY - ~ ACCIDENT I $ ANY AUTO I II I O,THEA THAN AUTO ONLY: ! ,. ~,-- I EACH ACCIOENT S AG13REGATE $ 1!XC~8 UA.llll.lTY EACH OCCURRENCE'S UMSIllEll-'FOAM I I I ~~GI=tEGAW - Is -'__ OTHER THAN UM~ FOAM : S :~~?~:'~~TlOHAND ~ATUTORYUMITs ."M____-___ I EACH ;.ocIOEIIIT S 1 Tl1E PAOPRlETOA/ i . ,-- PAATNEMlEXECUTlVe. I DISeAse - POLICY liMIT _ ! S ,_ I OFFICERS lIRE: i DISEASE - EACH EMPLOYEE I $ OTHER $500 Deductible I I JUeA1PTIOH 0' OPiRAnoIlIl/LOCATlONSI\II!!i'CU!SI$PECIAlITl':M8 Th. C~rti11cateholdtr .hall b. &" Additional ln$ured Qut only ~ith Re$pect To The Activities Of The Named In$ured_ Surfing Competition-fsA/P8C District Contest 12-14-96 12-15-96 12:01 Delre 8~eh FL ~;;~;~8~1~~0~;~~~~ti~0B~~t0~00~Sf{~~g~~~~~f~_~i0~0j0S~~0ijf;;;\ _._{jf:~0~S~~~~'00"~ SHOUl.!) "'NY OF THl5 ABOVE DESCRIBE!) POUCIES eE CANCELl..ED ee;;fORt: THE !X1'iAAt\Qft D"-,", lltI!JllI!Q'. 1lt€ l&5U'NQ COMPANY WIlL I!N!)EAVOI'I TO NAIl. City Qf oelray hach ~ D"'YS WRItTEN NonCE TO THE CERtl'l(:AU HOlDI!R HAMED TO THe;; lEFT. 50 H.W. 1$t A\t.n~e BUT fAlLuRl! TO MAlL SUCH NO IMPOU NO OBUQATIOIl OR LI~eIUlV De lrl!Y I!each FL 33444 0fI ANY KINO UPON 1'\1" AUTHoRr2l!O flEPRUl!NTAn {>!< r~C'1 CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager THROUGH: Diane ~~~ Planning and Zoning FROM: John Walker, Project Coordinato~ 1tI~ SUBJECT: MEETING OF DECEMBER 3.1996 AUTHORIZATION TO PROCEED - FOUR YEAR PERFORMANCE MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT ** CONSENT AGENDA ** ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is that of approval of an authorization to proceed with the Four Year Performance Monitoring project of the beach nourishment project. BACKGROUND: Annual monitoring of the beach nourishment project is required by our permits from the Florida Department of Environmental Protection to assess the performance of the project. The information gathered is also used to set parameters of design and timing for future maintenance nourishments. Work in this task includes beach, dune, and offshore profiles; borrow area surveys; analysis of volume and shoreline changes; analysis of sand grain size; and dune accretion evaluation. This item is covered in our contract with Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. RECOMMENDED ACTION: By motion, authorize and direct the City Manager to authorize Coastal Planning & Engineering, Inc. to proceed with the Four Year Beach Performance Monitoring Study at a cost not to exceed $37,286. as requested in their attached correspondence. Attachment: * Letter from CPE S:\adv\beach\survey5 f.e. COASTAL & OCEAN. ENGINEERING COASTAL SURVEYS COASTAL PLANNING & ENGINEERING. INC. BIOLOGICAL STUOIES GEOTECHNICAL SERVICES BOCA RATON: 2481 N.W. 80CA RATON BOULEVARD, BOCA RATON, FL 33431 (407) 391-8102 TELEFAX: (407) 391-9116 JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039 TOMS RIVER: 250 WASHINGTON STREET, SUITE B, TOMS RIVER, NJ 08753 (90B) 244-3366 TELEFAX: (908) 244-3664 November 19, 1996 Mr. John Walker Proj ect Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Proposal for 48 Month Beach and Borrow Area Monitoring Study of the 1992 Beach Renourishment Project Dear John: This is a proposal to conduct the four year post-construction beach and borrow area monitoring survey of the 1992 beach renourishment project. The State of Florida coastal construction permit for the renourishment project mandates annual topographic and hydrographic surveys of the beach and borrow area. The surveys provide the required data for coastal evaluations which are conducted to monitor the long-term performance of the renourishment project. The information will be utilized to improve the future design of the beach project. The information will also be used to advise the City and the State as to the present condition of the renourished beach. The proposed monitoring study will provide the required information to assess the beach performance and meet the State of Florida permit requirements, as follows: 1. Dune. Beach and Offshore Survey Profiles: Beach profile cross-sections from beach monuments R-175 through R -192 will be surveyed in accordance with the state permit beach monitoring requirements. Each profile will be surveyed from the dune to the 30 foot offshore depth contour. Profiles will be surveyed with a hydrographic survey sled which enhances accuracy compared to fathometer surveys and provides repeatability with future monitoring surveys. The dune fronting the public beach will also be surveyed. Dune profiles will include intermediate lines at 500-foot spacing along the public beach in the dune area, as well as survey lines at beach monument locations to provide a comprehensive data base for analysis of the dunes. This survey method will increase the accuracy of the assessment of the dune build-up and provide the City with information needed for management of the dune system. Mr. John Walker November 19, 1996 Page 2 2. Sand Grain Size Analysis: A total of36 surface sand samples will be collected at 4-foot contour intervals from +12 feet to -20 feet (9 samples per line) along four State of Florida beach profile lines. Each sample will be subjected to a mechanical sieve analysis. Based on the sieve analysis results, the mean grain size will be computed and compared to post-construction data. Changes in mean grain size at each study site will be compared to previous study results and the information provided to the Department of Environmental Protection (DEP), Bureau of Beaches & Coastal Systems, in accordance with permit requirements. 3. Beach Volumetric and Shoreline Position Analysis: The data obtained from the beach profile topographic and hydrographic surveys will be reduced, plotted and compared to the 1992 post-construction and December 1995 surveys. Volume changes within the project area beach will be computed. The mean high water shoreline position will also be determined and compared to its position in previous surveys. This information will be used to provide an engineering assessment of the performance of the beach renourishment project. Areas of accelerated erosion (i.e. "hot spots") will be identified for future consideration in the project redesign and also to monitor the extent of - hot spot progression into the beach. 4. Sand Dune Evaluation: The increase in the volume of sand in the dune will be computed based on the profile comparisons to determine the extent of sand deposition in the dune system. The quantity of volumetric accretion will be determined for the years after construction of the 1992 renourishment. Profile cross-sections will provide dune dimensions including dune height and seaward progression of the dune. The change in the dune profile will also be evaluated for proper management of the dune system. 5. Borrow Area Survey and Infilling Evaluation: A hydrographic survey of the 1992 dredged borrow areas will be conducted using a differential geophysical positioning system and fathometer survey methods. Line spacing between survey track lines will be at 200 feet to meet accuracy requirements and for comparison to previous surveys. Bathymetric charts of the borrow site will be generated to meet state requirements and to provide a comparison to the previous borrow area survey, allowing evaluation of the sand infilling rates in the borrow area. This information will provide guidance concerning future sand source needs for Delray Beach. COASTAL PLANNING & ENGINEERING, INC. Mr. John Walker November 19, 1996 Page 3 6. Beach and Borrow Area Monitoring Report: A report will be prepared summarizing the results of the study. We will provide two copies of the report to the City and two copies to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems. An additional copy will be provided to the U.S. Army Corps of Engineers. The engineering fee for the surveys, evaluations and report is $37,286. A cost breakdown is attached for your review. Please approve this proposal at your earliest convenience as the survey is to be conducted in December to meet City permit requirements. If you should have any questions, please call me. Very truly yours, COASTAL PLANNING & ENGINEERING, INC. (Q.~ - Richard H. Spadoni Vice President RHS/ys cc: Thomas Campbell Elizabeth McCarthy Jeff Andrews d:wp61 docs/palmbeach/delray Iwalker.48 COASTAL PLANNING & ENGINEERING, INC. DEATAILED HOURLY COST BREAKDOWN DELRAY BEACH RENOURlSHMENT 4 YR. MONITORING BEACH PROFILES COASTAL PLANNING & ENGINEERING, INC. 18-Nov-96 1. FOUR (4' YR. POST -CONSTRUCTION PROFILES PERSONNEL (HOURS) EClUIPMENT (DAYS) TOTAL COAST OC. LEVEL BRONCO PE CIH ST ST STATION SLED PROG. BOAT & ROO ON BCH. A. BEACH PROFILES 1. ADMIN. & SUPERVISION 6 4 2. SURVEY RECON. 4 4 3. DUNE PROFILES 16 32 2 4. BEACH PROFILES 24 48 2 2 5. SLED PROFILES A. MOBlDEMOB 4 4 10 B. FIELD 20 20 20 2 2 2 2 2 TOTAL HOURS 6 28 68 114 2 2 2 2 4 4 RAlE 40.82 26.45 15.41 12.09 120 100 250 400 50 100 MULTIPLIER 2.75 2.75 2.75 2.75 1 1 1 1 1 1 SUB-TOTALS 673.53 2036.65 2881.67 3790.215 240 200 500 800 200 400 SUB-TOTAL $11,722 2. SAND SAMPLE & ANALYSIS (3 YR. POST -CONSTRUCTION) NOlE: INCLUDES SAMPLES FROM PROFILE LINES R177, R180, R184 AND T187 (TOTAL SAMPLES 54) PERSONNEL (HOURS) EClUIPMENT (DAYS) - COAST OC. PE ST GEOl. EC FATH. PROG. BOAT LAB A. SAND ANALYSIS 1. COLLECT SAND SAMPLES 8 8 1 1 1 2. LAB ANALYSIS 6 54 3. COMPUTATIONS I ANALYSIS 2 10 4 8 TOTAL HOURS 2 24 12 8 1 1 1 54 RAlE 40.82 12.09 14.3 35 100 250 400 50 MULTIPLIER 2.75 2.75 2.75 1 1 1 1 1 SUB-TOTALS 224.51 797.94 471.9 280 100 250 400 2700 JOB TOTAL $5,224 3. DATA REDUCTION & ANALYSIS ( 3 YR. POST -CONSTRUCTION) PERSONNEL (HOURS) CE PE E ET EC A. PROFILE VOLUME & SHORELINE 1. SURVEY DATA REDUCl10N 8 20 12 2. VOLUMES COMPS. & PLomN 4 8 16 8 3. DATA ANALYSIS 1 8 8 TOTAL HOURS 1 12 24 36 20 RATE 53.12 40.82 22.39 14.87 35 MULTIPLIER 2.75 2.75 2.75 2.75 1 SUB-TOTALS 146.08 1347.06 14n.74 1472.13 700 SUB-TOTAL $5,143 4. DATA EVALUAnoN & REPORT (3 YR. POST-CONSTRUCTION ) PERSONNEL (HOURS) CE PE E ET D WP B. DUNE EVALUATION - 1. SURVEY DATA REDUCT10N 2 4 16 2. VOLUMES COMPS. & PLomN 2 4 8 4 3. DATA ANALYSIS 0 4 8 4 TOTAL HOURS 0 4 12 12 24 4 RATE 53.12 40.82 22.39 14.87 16.38 35 MULTIPLIER 2.75 2.75 2.75 2.75 2.75 1 SUB-TOTALS 0 449.02 738.87 490.71 1081.08 140 SUB-TOTAL $2,900 PERSONNEL (HOURS) CE PE E CIH D C WP C.REPORT 1. WRITING 2 16 24 20 2. DRAFTING 16 3. WORD PROCESSING 16 16 4. REPRODUCTION 4 TOTAL HOURS 2 16 24 20 16 20 16 RATE 53.12 40.82 22.39 26.45 16.39 16.07 35 MULTIPLIER 2.75 2.75 2.75 2.75 2.75 2.75 1 SUB-TOTALS 292.16 1796.08 14n.74 1454.75 721.16 883.85 560 SUB-TOTAL $7,186 . 5. BORROW AREA SURVEY ( 3 YR. POST -CONSTRUCTION) PERSONNEL (HOURS) EQUIPMENT (DAYS) FA1H- COAST OC. PE CIH ST1 S12 D OOPS OMETER PROG. BOAT A. SHORE CONTROL SURVEY 1. MOBIRESEARCHIPlAN 2 2 2 2. CAL OOPS 2 2 B. BATHEMETRlC SURVEY 1. MOBIRESEARCHIPlAN 1 2 2 2 2. SET TIDE GAUGE 2 2 3. HYDROGRAPHIC SURVEY 6 6 6 1 1 1 1 4. DEMOB 2 2 C.DATAANALYSIS 1. DATA REDUCTION 2 4 8 2 2. BAlHYMETRICCHART 3 4 6 3. DATA CONVERSIONS 2 2 TOTAL HOURS 3 21 30 14 8 1 1 1 1 RATE 40.82 26.45 15.41 12.09 16.38 400 100 250 400 MULTIPLIER 2.75 2.75 2.75 2.75 2.75 1 1 1 1 SUB-TOTALS 336.765 1527.488 1271.325 465.465 360.36 400 100 250 400 SUB TOTAL $5,111 JOB TOTAL $37,286 .......- l ' i je-l [ITY DF DELIAY HEREM CITY ATTORNEY'S OFFICE 2;,1;; t.; ,. . . [jELR\Y BL\Cli, FLeRlDA 33~.f.l " ;",.y F,\ ,-.' .:;. ,\1 ~ i Writer's Direct Line: (407) 243-7091 DHRAY BEACH f lOR IDA ~ A11.America City MEMORANDUM , III I! DATE: November 20, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Tate Lawsuit -Appeal The City filed a Motion for Rehearing in the Tate case dealing with the closure of Davis Road. The Judge granted our motion as to appropriate attorney's fees, but denied the rest of our motion on November 14, 1996. The City has thirty (30) days from that date to file an appeal. Our office recommends that the City Commission authorize Bill Doney of Vance and Doney, P .A. to file an appeal on behalf of the City. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the December 3, 1996 agenda for City Commission approval. s~ cc: David Harden, City Manager Alison Harty, City Clerk Bill Doney, Esq. tareS. sar @ Pnrlt('cf on nccvc:ied Paper fF . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~{ SUBJECT: AGENDA ITEM # F G - MEETING OF DECEMBER 3. 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 27, 1996 Attached is the Report of Appealable Land Use Items for the period November 18 through November 27, 1996. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. ~ 1- ftd uxiIJ ~ ~t;ff!; cg 6Pb+/3 tl&n (]. {~ ~ jJ~~ /01 f)Uph i- ;J[ I L/#) 4a.n5l-) I.U/J~ UJ{.UJ Gp~ td 10//W&Uf 7 /99 / wd::/J ) ~f7~ /u~ / ~~ /)~ Cuf)fJ/xu~ 1'.r~~!II~~. TO: DAVID T. HARDEN, CITY MANAGER THRU: ~N~ ez, CTOR DEPARTMENT 0 G AND ZONING ?&olik" ~ FROM: j~MIN ALLEN, PLANNER SUBJECT: MEETING OF DECEMBER 3, 1996 * CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 18, 1996 THRU NOVEMBER 27, 1996 I:::::,:::,,;:::::':j:::,~::::::::::,:::::':~::::::::[::::,::~::'::,::,:III!II:::.II:llmllj::II::'.I~::IIMIllllll:~':::::~::::~:::,::::::~'::,~::::'::'::~:::::::,:::::::,:::~~::::::::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 18, 1996 through November 27,1996. ~':~:::::::::: ':,::,::':: .:::::::::::,:::::::: ::::.:::.::.:::U,:.::~,:,::::::.IIK;II~"I,:~::::::::~:::::::::,~::::":':(::::'.:::"::::'::~}::::H:::::::':::::::::::::::::::::::::::::1 This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 1 0 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of December 3, 1996 Page 2 1~:::B.H:N:III::~:m:I::IIIUII::::.glll:::lilml:II::~:lffl::~:IIIII:ill:i::I:I:~:.:~I:I"I.:.:.I There were no appealable items. The following items which were considered by the Board will be forwarded to the City Commission for final action. . Recommended approval (5 to 0), of a Future Land Use Map amendment from Community Facilities-Recreation to Commercial Core, and associated rezoning from CF (Community Facilities) to CBD (Central Business District) for a parcel of land (Mouw Plaza) located at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue. . Recommended approval with conditions on a 3 to 2 vote (Carbone and Schwartz dissenting), the conditional use request to allow the installation of a communication tower at the Plumosa Elementary School, located at the southeast corner of Seacrest Boulevard IN.E. 2nd Avenue and N.E. 19th Street. The Board recommended that the tower be no greater than 125 feet in height. . Continued on a 5 to 0 vote, a request for conditional use approval to allow the installation of a 150' high communication tower at the Pine Grove Elementary School, located at the southwest corner of S.W. 10th Street and S.W. 4th Avenue. . Recommended approval (5 to 0), of a conditional use request to allow a 150' communication tower at the BFI (Browning-Ferris, Inc.) Facility, located on the east side of S.W. 4th Avenue, 800 feet north of Linton Boulevard. . Recommended approval (3 to 2), of an amendment to the Land Development Regulations Section 4.6.5 "Walls, Fences and Hedges", reducing the maximum height of fences in the front yard setback. A. Approved a flat business sign (7 to 0) and the addition of murals (6 to 1, Pakradooni dissenting) at ABC Carpets, located on the east side of Congress Avenue, south of Atlantic Avenue. City Commission Documentation Appealable Items Meeting of December 3, 1996 Page 3 B. Approved (6 to 1 Sittler dissenting), a request to change the exterior color for Sandoway Inn, an existing multiple family structure located on the west side of Gleason Street, south of S. E. 1 st Street. C. Approved (7 to 0), requests to recanvass and change the color of an existing awning structure at Delray Mazda, located on the east side of South Federal Highway, south of Linton Boulevard. D. Approved (7 to 0), a request to change the architectural building elevation by adding an awning for a covered patio area at the Pineapple Grille Restaurant, located at the northwest corner of Palm Trail and George Bush Boulevard. The changes to the site were approved administratively as a non- impacting modification. E. Approved (6 to 0, Sheremeta stepped down) a request to modify the landscape plan to allow a reduction of 101 interior trees at Plaza Oelray (fka Delray Mall), located the northwest corner of Linton Boulevard and South Federal Highway. F. Approved a request for a major site plan modification (6 to 1, Sheremeta dissenting), architectural elevation plan and landscape plan 7 to 0), associated with a 1,076 sq. ft. building addition at the Delray Lincoln Mercury dealership, located on the west side of South Federal Highway, south of Linton Boulevard. G. Approved (7 to 0), the site plan, landscape plan and architectural elevation plan for Kwik Stop Market, a proposed 2,856 sq. ft. convenience store and laundromat to be located at the northeast corner of N.E. 14th Street and Dixie Highway. Concurrently, the Board approved a reduction in the required right-of-way from 60 feet to 40 feet and eliminated the required 5' sidewalk along Dixie Highway. H. Approved (6 to 0, Little stepped down), the site plan, landscape plan and architectural elevation plan for Daughter of Zion Junior Academy, a proposed private school to be located on the west side of N.W. 3rd Avenue, between Martin Luther King Jr. Boulevard/N.W. 2nd Street and N.W. 3rd Street. City Commission Documentation Appealable Items Meeting of December 3, 1996 Page 4 I. Approved (6 to 0, Sheremeta stepped down), the site plan, landscape plan and architectural elevation plan associated with the establishment of SIRS, Inc. at Congress Park development, located on the west side of Congress Avenue, south of Atlantic Avenue. The proposal involves the construction of a 3-story 65,000 sq. ft. building and a 2-story 30,000 sq. ft. building used for offices and printing operations in the first phase of development. Phase II involves the construction of a 3-story 65,000 sq. ft. building. Associated parking and landscaping will be provided with each phase. Concurrently, the Board approved the following waivers: . Reduced the required parking by 73 parking spaces, thus requiring 487 parking spaces for this specific use; and, . Reduced the perimeter landscape strip along Congress Avenue from 30' to 11.5'. ................................................................................................................................................................................................................ ......HISmt1RIC..P,RSSEltllmllJ...,...SOltRD..MBSmINt.rlJ.l....NI)U1EMRSRr2tr...... 1. Approved (5 to 0), a request for a Certificate of Appropriateness to allow the construction of a single family residence (Proposed Tullia Taylor Residence) within the Del-Ida Park Historic District located on the west side of Royal Court, north of N.E. 5th Terrace. . As a separate non-appealable item, the Board approved a variance request reducing the side yard setbacks from 15 feet to 7.5 feet. 2. Approved (3 to 1, Turner dissenting), a request to modify a condition of the site plan approval for the StofftlHasey Office Building regarding the handicapped access walkway. 3. Approved (4 to 0), a request for a Certificate of Appropriateness associated with the installation of a sign, overhead loading doors and exterior color change for Wittmer Environmental Services, to be located at the old Seaboard Airline Railroad Station on the 'north side of Atlantic Avenue, west of 1-95. City Commission Documentation Appealable Items Meeting of December 3, 1996 Page 5 4. Approved (3 to 1, Farrington dissenting), a request for a Certificate of Appropriateness to allow the installation of a permanent sign for the Sloan Hammock residential development, located on the west side of S.E. 7th Avenue, south of S.E. 1st Street. 5. Approved (4 to 0), a request for a Certificate of Appropriateness associated with the installation of additional windows for a single family residence located at 1010 Nassau Street. 6. Approved (4 to 0), a request for a Certificate of Appropriateness in conjunction with exterior facade renovation, color change the addition of awnings and a sign associated with the establishment of the TED Center at the Masonic Lodge Building, located on the west side of S.E. 1st Avenue, south of Atlantic Avenue. 7. Approved (4 to 0), a request for a Certificate of Appropriateness associated with a color change and the removal of existing jalousie windows and replacing them with factory finished white aluminum single hung sash windows for a single family residence at 30 S.E. 1st Avenue. 1.......::.:::.:~~:..i::~...~i~.:~IIIIMI.gllll::::i!:i!illl"II::i::::::~~i::::i!::i:i::.~:ii~ii:!i:.:::iii~:::i::::i.::::ii:i::::::::~i::::i:~:::~::.::i:i:i~i:::i:::::i:ii::~:::.~::::.:1 By motion, receive and file this report. Attachment: Location Map . . . LOCATION MAP FOR CITY COMMISSION MEETING OF DECEMBER 3, 1996 L-30 CANAL 0 0:: <( > '" -' 3 m -' ;;: r= - 0 <( 0 LAKE IDA ROAD 0:: lo: U ;i 0:: <( m ~ A TLANTlC AVENUE ~ <( CXl 'OJ" 0 ~ ~ 0:: ~ <II <II Z < '" t1 -' ::;) 0 0 LOWSON BOULEVARD m u S.W. 10TH STREET 1= z 0 <( ~ i=! < '" ::I 0 :I: - I -' >- < 0:: Z <( <( I- U ::::; '" '2 I '" _ v- I 1_____ L-38 CANAL CITY LIMITS _.~ . - S.P.R.A.B.: H.P.B.: A. - ABC CARPETS 1. - TULLIA TAYLOR MILE B. - SANDOWAY INN (fka VILLA CAPRI) 2. - STOFFT/HASEY OFFICE BUILDING I I C. - DELRAY MAZDA 3. - WITTNER ENVIRONMENTAL SERVICES I D. - PINEAPPLE GRILL RESTAURANT 4. - SLOAN HAMMOCK SCALE E. - PLAZA DELRAY (fka DELRAY MALL) 5. - 1010 NASSAU STREET F. - DELRAY LINCOLN MERCURY 6. - MASONIC LODGE BUILDING N G. - KWIK STOP MARKET 7. - 30 S.E. 1ST AVENUE H. - DAUGHTER OF ZION JUNIOR ACADEMY I. - SIRS. INC. CITY OF DELRAY BEACH. FL PLANNING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~H - MEETING OF DECEMBER 3. 1996 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 27, 1996 This is before the Commission to approve the award of the follow- ing bid: 1. Purchase award to Pifer International, Inc. via the City of Port St. Lucie bid for the purchase of one Ransomes Model 250 mower for the municipal golf course, at a total cost of $24,789 from 445-4761-572-64.90. Agenda Item No.: iff f. AGENDA REQUEST Request to be placed on: Date: November 22, 1996 _XX_Regular Agenda Special Agenda Workshop Agenda When: December 3, 1996 Description of agenda item (who, what, where, how much): Purchase One (1) Ransomes Model 250 Mower to replace two (2) worn mowers thats reached their usefulness, for a total cost of $24,789.00. ORDINANCE! RESOLUTION REQUIRED: YESINO Draft Attached: YESINO Recommendation: Purchase One (1) Ransomes Model 250 Mower from Pifer, International, Inc. via City of Port St. Lucie, Bid #S-96-0330 at a total cost of $24,789.00. Funding from account code #445-4761-572-~4.90.______ '"--. Department Head Signature: Determination of Consistency wit C City Attorney Review! Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: QINO Funding alternatives: ~81~bleL ~ccount No. & Descrip~S-41 f->/- S'n, . 04- 0 .Q-ll::.iAK-<-- . ~countBalance:~( EqlAll'~ City Manager Review: Approved for agenda: @<o ~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM' K Butler, Buyer ~ THROUGH: Joseph Safford, Finance Director DATE: November 22, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING- DECEMBER 3,1996 -PURCHASEAWARD ONE (1) RANSOMES MODEL 250 MOWER Item Before Commission: The City Commission is requested to approve the award for the purchase of one (1) Ransomes Model 250 Mower, to Pifer International, Inc., via the City of Port St. Lucie, Bid #S-96-0330 for a total cost of $24,789.00. Background: Delray Golf and Lakeview Golf Course is requesting to replace the current mowers that are heavily used and have reached the limits of their usefulness. Fundingfor this equipment is budgeted in the Delray Beach Golf Course budget, Account # 445-4761-572-64.90. The mower is available for purchase utilizing the City of Port St. Lucie, Bid #S-96-0330. (please see attached) Recommendation: The Purchasing Staff concurs with the recommendation to purchase this equipment from Pifer International, Inc., for a total cost of $24,789.00. Attachments Memofrom Delray Beach Golf Course Dated 10/19/96 Pricing via City of Port St. Lucie, Bid#S-96-0330 Letter from Pifer, Inc. Dated 10/23/96 cc: Brahm Dubin, General Manager Fill. ----- /\(~: C L 1-'2- i~ i I (\ -J(l>( ilA (://'1:1 \ , "--. '- \ \. MEMO: tY/ \(\(i1Iib ~ ~ t/t/S - 1/7/,/ -57,,2 -~t/,tf{) TO: BRAHM DUBIN FROM: TOM ARENDT RE: NEW CAPITOL EQUIPMENT FOR FISCAL YEAR 1997 DATE: 10/19/96 WE ARE RECOMMENDING PURCHASE OF ONE NEW FAIRWAY/ROUGH MOWER AS FOLLOWS. 1.- RANSOMES MODEL 250 MOWER WE ARE PRESENTLY USING TWO TORO 5100 MODEL FAIRWAY UNITS. ONE MACHINE IS 5 YEARS OLD AND THE OTHER IS 4 YEARS OLD. WE HAVE REBUILT THE REEL UNITS ON BOTH MOWERS. HOWEVER, THEY ARE GETTING TO WORN TO BE DEPENDED ON TO MOW BOTH THE DELRAY AND LAKEVIEW COURSES. ALSO, WE HAVE A BIT OF A PROBLEM DEVELOPING WITH OUR ROUGH MOWERS. WE PRESENTLY MOW THE ROUGHS AT DELRAY GOLF AND LAKEVIEW WITH EXTREAMLY OLD PARKMASTER MODELS. THESE ARE WELL INTO THEIR TEENS IN AGE AND PROBLEMS ARE DEVELOPING. THESE MACHINES ARE VERY WELL . BUILT AND WE RUN A THOROUGH MAINTENENCE PROGRAM. HOWEVER, THEY ARE HEAVILY USED AND ARE REACHING THE LIMITS OF THEIR USEFULNESS. THESE UNITS COST OVER $40,000 EACH AND WE MUST RUN THEM AS LONG AS POSSIBLE. THE RANSOMES 250 CAN BE USED TO CUT THE ROUGHS AROUND GREENS AND TEES IN ADDITION TO FAIRWAYS. IT GIVES AN EXCELLENT CUT UNDER BOTH MOWING CONDITIONS. THE RELIEVING OF THE HEAVY USE OF OUR EXISTING MOWING MACHINERY WILL ALLOW US TO PROLONG THEIR USEFUL LIFE. ALSO, HAVING A NEW UNIT WILL ALLOW US EXTENDED DOWNTIME FOR THE INEVITABLE REPAIRS THAT ARE NECESSARY WITH OLD EQUIPMENT. , RANSOMES 250 1. FOUR WHEEL DRIVE 2. FOUR CYLINDER, 33 HORSEPOWER, DIESEL POWERED ENGINE. 3. HEAVY DUTY SIX INCH REELS 4. HEAVY DUTY THREE INCH ROLLERS. 5. HEIGHT OF CUT ADJUSTABLE FROM 3/8 TO 1 1/2 INCH. 6. SUN ROOF. 7. 11 BLADED REELS. ATTACHED IS A BID PACKAGE/ PURCHASE ORDER ISSUED BY THE CITY OF PORT ST. LUCIE THAT WE WOULD LIKE TO USE FOR MAKING THIS PURCHASE. TOTAL COST--------- $24,789.00 OCT. -23' 96 (ViED) 15: ,2 P IFE~, ING. TEL:407-746-S510 POOl . 1'1',11. ,...~ Pifer Intern8tlon.l, Inc. AanJ:CJmSS (1D C<l"'mMl Ry.,. Jaco/>Sel!. e-z.ao, CWhmllll All aot CDurs~ S'4'pUM s.,'""9 rile _~ flnr:e lQ72 1350 Indiantown Rd · Route 706 . Jupiter. Florida 33458 · Phone (407) 748-5321 October 23, 199G City ot Delray Beach Delray Beach Hun1clpal C.C. Attn. 'fo. Arendt. Delray Beach, n. Dear TOil, ~hank you for your interest 1n the Ransomes 250 Ho,",er. This unit. hilS been. remarkably successful, so I know you will be pleaSed.w~th the pertorllance. Pifer, Inc. was awarded a Bid 5-96-0330 from ~he City of Port St. Lllcie. We w1ll honor this price to all Municipalities tor a period of one year from the date opened 2-20-96. Please feel tree to give me a call if you have any questionll, Again, thank you. . S1ncerely. J3/lAjtlHt ;f ~I jJ F Bryan Riddle Sales Manager PIFER. INC. BR/nf . TOLL FREE 1.800.321-6374 Facsimile (407) 746-5510 Serving Central" South Amenc. . Bahemas . CaribbeMl . Bermud. . Europe South Florida . * CITY OF PORT ST. LUCIE OFFICE OF MANAGEMENT & BUDGET BID TABULATION REPORT BID #S-96-0330 OPENED: 2-20-96 TIME: 11:00 a.m. BID TITLE: Four Wheel Drive Reel Mower!fractor -- .~..._- RECOMMENDED AWARD: VENDOR (b1-51540) Company Name 5.1 Total 5.2 Option 5.2 Option Delivery Time Amt. for Rear Roller Sun Shade Weeks ARO Mower/ Scrapers Roof Tractor Action Mower & Bicycle B&M Flail Master Hector Turf c:?5. 0<95~ /ao.~ 935 !f:2 c< uXs I Kilpatrik Turf Equipment 0< $L, 900 ~ c>tSO tt? I / DO. .t!Q 0< t.Ul::S Lesco, Inc. /Uo Jjj d Lesco Service Center Nucrane GorpOfationl'llt~,~ cx75/d. ~ 6~ . f)O 0<95~ eX t<XS Pennington Seed, Inc. of Orlando Pifer, Inc. d:1 cf 789.t$2 VtJ e.k;. Do CAlf. ~ Nt's Pippin Tractor & Equip. Inc. Sarlo Power Mowers, Inc. Scotty's Tresca Industries ;00 b ;d Turf Master Tractor & Mower York Lawnmower Sales & Servo . NOTE: Offers from vendors listed herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. ********************** SPECIFICATIONS BID #8-96-0330 REEL MOWER/TRACTOR, 4 WHEEL DRIVE OVERVIEW The City of Port St. Lucie desires to obtain quotations from qualified individuals, firms, and legal entities relative to fumishing a four (4) wheel drive reel mower/tractor, diesel engine with minimum 32 HP and mowing width of 80-100 inches. Mower Tractor shall be a Toro Reel Master, Model 3500-0 or a Ransomes 250, Model 945003, or an approved equivalent. 1. GENERAL REQUIREMENTS 1.1 All requirements contained in the Invitation to Bid are hereby incorporated in this specification. 1.2 The City will not be responsible for any cost incurred by any Bidder in the preparation of their Bid. 1.3 Bidders shall thoroughly examine this specification and all other drawings, documents or other materials referred to herein and conduct such investigations and visits as may be necessary to thoroughly inform themselves regarding existing plant, facility, personnel and other conditions relative to compliance with this specification. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist, as a result of failure or omission on the part of the Bidder to make said investigations and visits, and/or failure to fulfill in every detail the requirements of this specification and documents promulgated therein, will be accepted as a basis for varying the requirements of the CitY or the compensation of the Selected Bidder(s). 1.4 Bidders must agree to fumish any item(s) which are awarded to them as a result of their response to this specification at the price(s) indicated on their respective Bid Reply Sheet and to guarantee that said price(s) will be firm, not subject to escalation, for the stated time period. Submittal of a Bid shall be prima facie evidence of the Bidder's intent to comply with this requirement. 1.5 Bidders must be able to demonstrate adequate staff, equipment and experience to fulfill the requirements of this specification. References from existing accounts financial statements, list of projects recently completed and in process, major equipment available for this project, and experience of the principal members of the Bidder's organization must be fumished within seven (7) days, if requested. 1.6 Bidders must indicate any variances to the specifications. Additionally, if Bids are based on alternate products, Bidder must indicate the manufacturer's name and . number of the altemate item(s) being offered and attach appropriate specifications. Said specifications shall include a full brochure and a photograph. It is required that BID #S-96-0330 OMS #00000-03 R21 Page 1 of 6 -- Bidders include information (and price) on all available accessories. If variations and/or alternates are not stated in Bidder's reply, it shall be construed that the Bid fully conforms with the specifications. 1.6.1 The City shall review alternate proposed unites) specifications within 48 hours after Bid Opening for determining if the proposed unit shall be considered an Acceptable Equivalent. Alternate Unites) proposed by a Bidder shall be considered Tentatively Approved. Bidders will be required to submit the proposed unit for an inspection and to give a demonstration to the City's Turf Crew Staff at a designated City location, or at a nearby altemate location of a similar unit currently housed and operational. Upon determination of a Tentative Acceptable Equivalent, the Parks Staff Superintendent, Gerty Melville, will notify the Bidder regarding the required demonstration requirement and propose an acceptable time frame for said demonstration and inspection. 1.7 Bidders must agree that the products furnished and application methods will comply with applicable provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. 1.8 Unless otherwise provided herein, all Bids shall be submitted by completing and retuming the Bid Reply Sheet. The Bid Reply Sheet must be typed or printed and signed in ink. Erasures or other changes must be initialed by the individual signing the Bid. The Bid Reply Sheet must be returned in the pink envelope provided, which may, if necessary, be affixed to the exterior of a larger package. Facsimile responses will not be accepted. 1.8.1 Bidders are requested to return the attached Checklist contained in bid package with the Bid Reply Sheet. 1.9 Bidders shall quote F.O.B. Destination, Freight Prepaid and Allowed. Bids offering alternate terms (i.e., F.O.B. Origin or Freight Added) will only be considered in the absence of a conforming Bid. 1.10 Cash terms shall be Net 30 Days. The payment period shall be calculated from the date acceptable Invoices are received and approved as required by the contract or the date goods and/or services are received and accepted, which ever last occurs. Cash discounts which are relative to payment date will not be considered when evaluating Bids. 1.11 Selected Bidder will be required to accept and acknowledge within five (5) days of receipt the terms and conditions of the City's standard Purchase Order. 1.12 A ..person or affiliate who has been placed on the convicted vendor fist following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, BID #S-96-0330 OM8 #00000-03 R21 Page 2 of 6 supplier, subcontractor, or c.onsultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.13 Selected Bidder(s) must agree to reimburse the City for any expenditures incurred by the City in the process of testing products supplied by the Selected Bidder if, said products prove to be defective and/or in other manners not in compliance with the specifications. Expenditures as defined herein shall include, but not be limited to, the replacement value of products destroyed in testing, the cost paid by the City to testing laboratories and other entities utilized to provide tests, and the value of labor and materials expended by the City in the process of conducting the testing. Reimbursement of charges as specified herein shall not relieve the Selected Bidder from other remedies. 1.14 Identical Tie Bids, in accordance with Section 287.087, Florida Statutes, preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Please submit the form that is enclosed with your bid response, if your company has a drug-free workplace program. 1.15 This bid may be expanded to include other governmental agencies provided a cooperative Purchasing Agreement exists or an Inter-local Agreement for joint purchasing exists between the City of Port St. Lucie and other public agencies. Each _political entity will be responsible for execution of its own requirements with the Selected Bidder. 2. SPECIAL REQUIREMENTS 2.1 Despite statements to the contrary, it is understood that the implied warranty of merchantability and fitness for the specified purpose are not disclaimed. 2.2 All products furnished by the Selected Bidder(s) shall be supplied with all warranties and guarantees of the manufacturer. All products must also be warranted by the Selected Bidder(s) to be free of defects in workmanship and material for a period of not less than ninety (90) days; said period to commence upon the date products are installed, or accepted by City, whichever last occurs. 2.2.1 Should any defect appear during this period, the Selected Bidder(s) shall, at their expense, have repaired or replaced such item upon receipt of written notice from the City of said defect. Said repair or replacement must be accomplished within seven (7). days after receipt of notification from the City of the defect. 2.3 Selected Bidder shall be required to have a qualified company representative . BID #S-96-o330 OMS #00000-03 R21 Page 3 of 6 provide City Employees with an on-site orientation in the proper use and maintenance of the equipment. Said orientation shall be conducted within twenty-four (24) hours after the equipment has been delivered at a time and site designated by the City. There shall be no additional charge to the City for this service. Delivery shall be deemed to be incomplete (not approved for payment) until this service has been provided. 2.4 All equipment must be delivered within the time period specified by the Selected Bidder in their Bid Response. Equipment which is not delivered within the time specified by the Selected Bidder may, at the City's option, be procured from an alternate source and any additional cost thus incurred invoiced to the Selected Bidder. 2.5 When responding Bidders shall provide the location of the nearest replacement parts depot. Bidders shall also advise the location from which maintenance and repair services can be provided. Bidders shall also advise the estimated time required for-delivery of parts (after receipt of an order) and the estimated time required for a service technician to arrive at a City location after notification of a problem (see Bid Reply Sheet). 2.6 Bidders shall submit a copy of all applicable warranties and guarantees with their proposal. 3. SPECIFIC REQUIREMENTS 3.1 Resulting deliveries are to be made to the Parks Department, c/o Public Works Maintenance Facility which is located at 430 S.W. Thomhill Drive, Port 81. Lucie, FL 34984-5099. Deliveries are received at this location between the hours of 8:00 am and 3:00 p.m.. 3.2 Delivering carrier shall contact Mr. Uonel DeCoeur who may be reached at (407) 871-5123 twenty-four hours prior to delivery so that suitable arrangements to receive and unload the equipment can be made. Mr. Gerry Melville, Parks Superintendent shall also be notified at (407) 878-2277. 3.3 Marking: The City's purchase order number shall appear on the exterior of any cartons, or a packing list specifying the quantity and description of each item shipped. 3.4 Loading: Equipment is to be loaded suitable for forklift truck removal from side of the vehicle or shipped on a vehicle having ramps to allow end unloading. Equipment is to be delivered fully assembled and ready to operate. Important: there is no loading dock at the specified delivery location, equipment must be unloaded from ground level. 3.5 The following paragraphs contain the Minimum requirements for the proposed unit(s). BID #S-96-o330 OMS #00000-03 R21 Page 4 of 6 ~ 3.5.1 3 or 5 gang reel unit, free floating reels front and center mount, no rear mounts acceptable. 3.5.2 3-4 cylinder liquid cooled diesel with HP range of thirty-two -forty (32-40) . 3.5.3 Cutting width 80-100 inches. 3.5.4 Cutting height adjustable 1/2" - 1". 3.5.5 5 or 7 blade cutters. 3.5.6 Interchangeable reels. 3.6 The following is a list of the required specifications on the proposed unit(s). 3.6.1 On-board backlapping. 3.6.2 "Douglas" topgrade rollers to be installed upon delivery. Grooved fronts and solid rears. Standard unit rollers will not be acceptable. 3.6.3 Hydrostatic drive tractor with hydraulic drive reels. 3.6.4 Power Steering. 3.6.5 Four Wheel drive constant or on demand. 3.6.6 Adjustable cushioned seat with back. 3.6.7 RaPS protection unit. 3.7 Bidders are required to quote on supplying the following options: Rear roller scrapers and a Sun Shade Roof. Bidders are also required to supply specifications on these options with their Bid Reply Sheet. 3.8 The following paragraph contain a list of the documentation requirements for the unit(s) proposed. This documentation is required to be delivered with the equipment purchased. 3.8.1 Operator Instruction Manual 3.8.2 Parts Manuals, Bidders are required to provide two (2) of these. 3.8.3 Warranties/Guaranties of the Manufacturer and Bidder's. . 3.8.4 Maintenance/Repair manuals, Bidders are required to provide two (2) of these. BI D #S-96-0330 OMS #00000-03 R21 Page 5 of 6 4. ADDITIONAL INFORMATION 4.1 The use of any manufacturer's name, trade name, brand name, or catalog number in this specification is for the sole purpose of describing and establishing the minimum requirements for level of quality, standards of performance and design required, and is in no way intended to prohibit the Bidding of any other manufacturer's items of equal quality. The Purchasing Agent or hiS/her designee shall be the sole judge of the equality of altemate products proposed and his decision shall be final. 4.2 The Municipality reserves the right to disqualify Bids, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder. More than one (1) Bid from an individual, partnership, corporation, association, firm, or other legal entity under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one (1) proposal for the same work will be cause for rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is any reason to believe that collusion exists among the Bidders. 4.3 Bids may be withdrawn at any time prior to the specified Bid opening date and time by submitting written request to the Purchasing Agent prior to said time. 4.4 For information concerning procedures for responding to this bid, contact Wilda Duston at (407) 871-5221. For information concerning the scope of requirements contact Gerry Melville, Park's Superintendent, at (407) 878-2277. Such contact is to be for clarification purposes only. Material changes, if any, to the scope of services, or bidding procedures will only be transmitted by written addendum. Copy of such addendum will be mailed to each bidder who has received an Invitation to Bid. The bidder, in tum, shall acknowledge receipt of the addendum by marking the Bid Reply Sheet with the Addendum number and the date of issuance. The City will not be responsible for any interpretation, other than those transmitted by Addendum to the Bid, made or given prior to the bid award. . BID #S-96-0330 OMS #00000-03 R21 Page 6 of 6 4. If your company offers commodities other than the one specified for this bid, and you wish to be put on the vendor's list, please request a Vendor Classification Form from the Office of Management & Budget, @ (407) 871-5223. Any bidder interested in receiving a Bid Tabulation Report, should insert a stamped, self-addressed envelope with bid response. 5. BID RESPONSE: 5.1 Bidders shall list below the Make, Model, how many blades, years on the market, and Dollar figure to supply one (1) Mowerrrractor Unit pursuant to the specifications: Make: Ransomes 250 Model #: 945003 # of years on market: 2 5 or 7 blades: 7-Blade Total amount $ 24,789.00 5.2 Bidders quote for supplying the Options required in paragraph 3.7 of the specifications. Please include the make, model, and supply the specifications if available. 5.2.1 Rear Roller Scrapers: Standard $ N/C 5.2.2 Sun Shade Roof: E-Z-Go Sun Top $ N/C 5.3 Delivery will be made with Four weeks after receipt of order. 5.4 The nearest Replacement Parts Depot is located at: 1350 Indiantown Road Jupitp.r, FL 33458 . 5.5 Parts will be shipped from this Depot within ~ Hours after receipt of an order. *As Soon As Possible BID #S-96-0330 Page 2 of 3 5.6 Maintenance and Repair Services will be provided from the following location: 1350 Indiantown Road, Jupiter, FL 33458 5.6.1 A Service Technician will be on-site * Hours after notification from the City of a problem. *As Soon As Possible 6. This form must be completed in its entirety by an authorized representative of the firm offering this Bid. Prices entered herein shall not be subject to withdrawal or escalation by Bidder provided City notifies Bidder in writing within 90 days after bid opening date of City's intent to accept Bid. 7. Bidder agrees to comply with all requirements stated in the specifications for this bid. 8. CERTIFICATION: This bid is submitted by: Name (print) Bryan D. Riddle who is an officer of the above firm duly authorized to sign bids and enter into contracts. I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid. ~ Vp 2- It? ~c:;' Signa e Date If this Bid is rendered by a corporation, the corporate seal attested by the secretary shall be affix8d below. Any agent signing this Bid shall attach to this form evidence of legal authority. . BID #S-96-0330 Page 3 of 3 -- MEMORANDUM 'ID: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER urr1 SUBJECI': AGENDA ITEM # q A - REGULAR MEETING OF DECEMBER 3 , 1996 CONDITIONAL USE REQUEST 'ID INSTALL A COMMUNICATION 'lOWER AT PLUMOSA ELEMENTARY SCHOOL (QUASI -JUDICIAL PROCEEDING) DATE: NOVEMBER 25, 1996 This is before the Commission to consider a request for conditional use approval to allow the installation of a conununication tower at Pltunosa Elementary School. The property is located at the southeast corner of Seacrest Boulevard (N.E. 2nd Avenue) and N.E. 19th Street, and is zoned CF (Conununity Facilities) District. Please refer to the attached staff report for additional background and analysis of the request. The applicant's (Sprint Conununications) request was for installation of a 150 foot monopole conununication tower with a 5 foot high antenna and lighting rod at the top of the tower, and associated improvements. The Planning and Zoning Board considered the matter at a public hearing on November 18, 1996, and voted 3 to 2 (Schwartz and Carbone dissenting; Eliopoulos and McCarthy absent) to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the conditions listed on page 2 of the City Conunission Doctunentation report. Reconunend approval of the conditional use request to establish a conununication tower at Phunosa Elementary School, based upon the findings and subject to the conditions reconunended by the Planning and Zoning Board, plus the additional condition that any conununication towers on the site that become unused or obsolete be removed within 12 months of cessation of use. . ref: agmemo7 " .!/ , r\ ~/1 I . .., "i" . '''''' '''', . '''Ii.. .". ..... "''ii. .. .... 'ii<. ,'. "1 . .. . '.'. . . . ....: '.. .... :':':'.. .. :.:.:.' .;.:-:-:.:-: . . . . .. . . . .. .. .' . . .. . . . . . . . . ..,i".,' .,~,' ''It!i.I~::.:rim.Il'...I. :ae~I._.f(I:..:.nril;.i:I:::i.M... :i!::Li*tA:mliS'_.: .~, ". ., I@ . ' . . . . :;::: ':', ',:,. :::;.::,::,:. ,,:' :" ': ~~: ?~~r~:~~:f:::~~~~~~~~. ~~ ~I~;~:.:~w:uq:. '; ::::~'~'r~~f.~:~:;:~\: :~~'::':: :. ..::.:~/.: ,::', . ~~:i~~.r: ',. . . rrr : ',:':.:::':~/:.: ...:..::.t:.:,....: ,,- ',' .... '.: ..:::.:::::.... . ,.::.::. , :'.: " :~:~::::::.' ..(::;.::...~:.:::~:::":.:.......:.~::k:.:.. ......" ..::.r:.:~::::.::....:...:;.:.:.:.~ ?it!} TO: THRU: FROM: SUBJECT: MEETING OF DECEMBER 3,1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO INSTALL A COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL. LOCATED AT THE SOUTHEAST CORNER OF N.E. 2ND AVENUE (SEACREST BOULEVARD) AND N.E. 19TH STREET. I:::':::::::::::::::::::::::::::::::::::::'::::::.:.:.:.: ......... m. :S.... ...... ..S... m". ......m.. B.. e.. :.. ..m...:. .:......,..s. ...:....S...:.. .. .::".:..:.. : .:.:.:... :. .:... I ............................ ... ::;IIi:::'T.:f. N 8E"I:;:16 '-""E .n~. . .:n: MM S... N.. . .... ... ... jf}frrrrriJjf)j~rf~~". . . :. .::~::.::. ~:~:r~::I,,:' ,,' '. ~~,: ,\1:;:.' ~'~~::=:::,.:~..: .::~:.~:..::.:...:... '::":':".:.; :';";;:.::... :~.::.' , ::~'~~,:::::..,,; '::~:f::::::.. ' ':;.'; The action requested of the City Commission is that of approval of a Conditional Use request to establish a communication tower at Plumosa Elementary School, within the CF (Community Facilities) zone district. The subject property is located at the southeast corner of N.E. 2nd Avenue (Seacrest Boulevard) and N. E. 19th Street. The development proposal is to install a communication tower at the center of the Plumosa Elementary School site for Sprint telecommunications and incorporates the following: . Installation of a 150 foot monopole communication tower with a 5' high antenna and lighting rod at the top of the tower; . Installation of the associated equipment room within the 40' X 30' (1,200 sq.ft.) leased area located between the classrooms and the activity fields, with accommodations for an equipment room for a future cellular provider; . Removal of the existing 65' concrete monopole, which accommodates the school's communication dish, and relocation of the existing equipment to the new tower; and, . Installation of an 8' high chain link along with associated landscaping around the perimeter of the leased area. . City Commission Documentation Meeting of December 3, 1996 Communication Tower at Plumosa Elementary School - Conditional Use Approval Page 2 Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. I;..:!i':::~'::':~::'ii':[i:':::i.':~i:~i:~~::'i:~:':~.:i:i:!~~!i:i[~:[:::~j:~:i::I.IIIRg::~II:li:iegN:J.lli:illllg:i:.,lllgl.IIN:::[i:[:::~::::i:i!::!::::::::'i[i:i.i:ii:::li::::::::::~:::::!:::'~::::::::::::::::::[:::i:i:~.::::1 At its meeting of November 18, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was testimony both for and against the proposal. The Board voted 3-2 (Schwartz and Carbone dissenting; Eliopoulos and McCarthy absent) to recommend to the City Commission approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the tower be a monopole structure no greater than 125 feet in height; 2. That trees be provided every 25' along the north, south and east property lines (east half of the school site); 3. Submission of a non-impacting site plan modification application addressing conditions of approval; 4. Verification from the F.A.A. (Federal Aviation Administration) that the location and height of the tower is acceptable and must be provided with the site plan submittal; 5. That any proposal to add dishes or other similar types of fixtures, and microwave relay dishes or other similar devices be processed as a conditional use modification; 6. That the trees be a minimum 16 feet in height at the time of planting, of Florida #1 Grade or better, and of a species that will have a mature height of at least 35'; and, 7. That the conditional use approval be limited to one tower at this location. In addition, staff suggests the following condition of approval be included: 8. That all obsolete and unused communication towers shall be removed within 12 months of cessation of use. (The applicant shall submit an executed removal agreement to ensure compliance with this requirement.) '''':.::;::::!:;r}::::::?:::::::?::'i'':::::~:i:::~:::~:::i:::::~'::'~~::::::::'~~:::::~:'~::~:'~::::~:':'~::::'~i:i::ii':I;mIMlllglg~(IIIl.gl::::~:i::ii:~::::::::::~::::::~:::::~::~:::::~:::::::::::.::::i::::::ij::~:~::::i::.:j:::~:::::::;:::::::i:::::::::::::::~:i::~::~~::::::::::~:::~:~::~~:::::::i:::::::::i::::i~ Approve the conditional use request to establish a communication tower at Plumosa Elementary School, based upon the findings and recommendation of the Planning and Zoning Board along with the condition that any communication towers on the site that become unused or obsolete be removed within 12 months of cessation of use. Attachment: P & Z Staff Report and Documentation of November 18, 1996 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 18,1996 AGENDA ITEM: IV.S. ITEM: Conditional Use request to aI/ow the installation of a 150' communication tower at Plumosa Elementary School, located at the southeast corner of Seacrest Boulevard (N.E. 2nd Avenue), north of N.E. 19th Street. WWWJW1WUlllUIIII II GULF STRE.... BOUlEVARD II WOIES""Ml. I 1131 ~ ~'"-:' I I I (Sll GENERAL DATA: I r- ~ 0:" _ \ \ I~I . -t=! 11\0 Owner..................................... The School Board of Palm I l:n , l;I::J fJ::fs Beach County I ~ MJUACRCST Applicant................................. Sprint Communications T I ~~ POOl. ~~~~ Agent...................................... Agustin A. Hernandez II I I- tl\(;Il Location.................................. Southeast comer of I I Seacrest Boulevard (N.E. FOOlllN.L IlWJ 2nd Avenue) and N.E. ~,__ . 19th Street. i 1- ~/:: Property Size.......................... 10.5 Acres (1.200 sq.ft. rr rI ---.--m I'" l 1~~ 22"D-rl~" S"'- !--., lease area) [--j _ I I _ I II II Future Land Use Map............. Community Facilities - H i I- - I I - I. I". , \ School Cj I I - I I ~ I · C t Z . CF (C 't F '('t' ) r I C II I I I I I - urren omng........................ ommunl y aCllles I- I t ,..LL . '- Adjacent Zoning............North: R-1-M (Single Family I I - 1. '- I L Residential) I I ! ~ ~ East: RM (Medium Density r: 1 '- . . I dCF I II J:;- Resldentla ) an I' I~ 't (Community Facilities) :> I I 'iH _ Jj ~ South: R-1-M I H . . "I" I West. R-1-M and CF . l II- r- ~ Existing Land Use.................. Existing public elementary t IX\- - school with associated l " ' r -::; =r, playgrounds, parking I- -L -:J 1-, areas, and landscaping. - j \- .. ,I 1, ~ n- I Proposed Land Use................ Installation of a 150' I 1 ,\: I communication tower on ] II IJ I '" , I I II!=; / II the east end of the Jill' III I R~ . existing school. . i I I, I 111==( r ~ ! Water Serv~ce......................... N/A. _ ~ ..' Sewer Service........................ N/A. - ~ 111111 I I I I rTiflTTmrTrtt:3" = = ! ~:".~==l ] ~"1111 I It=lj ~ ==' J ii I, - "I -lL.J ~ _'- , III II' /~"") cm,:::rrnriTTTT IV.B. ~::'::::;~:~:::~:i;i:::::~:~::!!::~~::::::i!:::;j~::j~::::::::~;::::::::~:~;::~:::::;:::::j~::::::::~::!:::m:;1;::M~:;::::j::m;::i:::ll::I:::I:;I;):j:[j::m::lg::)I~:!:::j:I:~I:jljj:I:::;::~:::jjjj:j:~:::::::j)~:::::::::j~j)j:::::~::j:::::::;::::::::::;::::::::::::j:::::j:~j)::~:)j:;::1 The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a communication tower at Plumosa Elementary School, pursuant to Section 2.4.5(E). The subject property is located at the southeast corner of N.E. 2nd Avenue (Seacrest Boulevard) and N.E. 19th Street. :[:~~~~:I~f~[:~~[1~[:If~;:ij~i~J:~i;~i~[1~ij:~~~~~:ji:[iij~~l~ill~r~~ilij~[:~:l:i.j[j~l[i~ilil~~ii~i!:!l:llllijl[liljll1ll[lill~[;1i~1i~1~~f~l~il~~:*~lm~~~:I~[:~~*~~1.j~~i~i~~i~*j~~~i;j~*tji~iji;:!~fl{~ The subject property is an unplatted property containing 10.5 acres of land. The school was constructed in 1955. In 1995, a review of a site plan modification was conducted for Plumosa Elementary School for the construction of new classroom buildings. The associated improvements are currently under construction. On February 8, 1996, the 104th Congress of the United States passed the Telecommunications Act of 1996 (Public Law 104-104). The Act addresses many topics including telecommunication services, broadcast services, cable services, regulatory reform, and other miscellaneous provisions. Section 704 of the Act addresses local government zoning of towers used for cellular, PCS (Personal Communications Services) and CMR (Commercial Mobile Radio Service) transmitters. When regulating the placement of towers, local governments are prohibited from: 1) actions which discriminate between providers of "functionally equivalent" services; 2) actions which have effect of prohibiting the provision of wireless services; and 3) regulation of the placement of towers based upon Radio Frequency (RF) emissions. Local governments must act upon tower siting requests within a reasonable time and all denials must be in writing. State Statutes provide that schools may install communication towers for the school's purposes, however, commercial towers on school sites must obtain local government approval, if applicable. Therefore, on October 4, 1996, a conditional use request was submitted to construct a 150' communication tower at the center of the Plumosa school site, and is now before the Board for action. There are also two other tower locations which are before the Board for consideration, each under sep~rate petition. l:ji:::i1;:;:i:;@::iiii:ii:i:i::i:i;il::i;:i;::!::i:::::i:!:ji:;;ij!i;ij:jj:ij1:!;;i:ji:j::iii:;!!lii[li!lliijl:::ml:i!m:ij~iij:l!jl!li:jI1:11:!ljl;mll::lI1ilj:i::;:1::;j:!:::::ijijijiijlii::ijjiij::l1:1!;::::ii::i!;:iijj::il:::1i:i:!::::::jiiii!;!:l:::::;;j:jjjji:jjl The development proposal is to install a communication and transmission facility/tower at the center of the Plumosa Elementary School site for Sprint telecommunications and incorporates the following: Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School- Conditional Use Approval Page 2 o Installation of a 150 foot monopole communication tower with a 5' high antenna and lighting rod at the top of the tower; o Installation of the associated equipment room within the 40' X 30' (1,200 sq.ft.) leased area located between the clas~rooms and the activity fields, with accommodations for an equipment room for a future cellular provider; o Removal of the existing 65' concrete monopole, which accommodates the school's communication dish, and relocation of the existing equipment to the new tower; and, o Installation of an 8' high chain link along with associated landscaping around the perimeter of the leased area. 1::j::i[::[j::;:::j:jjj:::::::1j::[::[:::j::i::::jjj1:::[jjjjjjjjj::jjjjjj1::jj[ijj:::j:ljii,:I:::g:jljlljj:1:::!j[:I:jjB:::mli,j~jjl:i,lj:jl:::j:~::il:lj::I::jl:j~l:tgl:~::jlj::~::!ii!!::~!jij:!!:i,:I:I!~:j~i,:!!!!:~j:::!!:lj!::!~:!::1 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 which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE lAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation is Community Facilities - School and is currently zoned CF (Community Facilities). The CF zone district is consistent with the Community Facilities - School Future Land Use Map designation. Within the CF zoning district, a communication tower is allowed as a conditional use [ref. LOR Section 4.4.21 (0)(5)]. Based upon the above positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed tower will be unmanned, and will not have any impacts on level of service standards as they relate to water, sewer, drainage, traffic, parks and recreations facilities, and open space. Based upon the above, a positive finding can be made with respect to Concurrency. Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School- Conditional Use Approval Page 3 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 no applicable objectives and policies are noted. SECTION 2.4.5(E)(5) 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 subject property is bordered by the R-1-AA (Single Family Residential) zone district to the north and south; R-1-AA and CF (Community Facilities) to the west; and, RM (Medium Density Residential) and CF zoning districts to the east. The existing land uses are: to the north and south are single family residences; to the west are single family residences and Delray Beach Primitive Baptist Church; and, to the east are duplexes and a vacant parcel, which is a future location of a City water storage tank. Compatibility with the adjacent residences to the north, south and east is a concern. While the proposed tower will be centrally located within the school site and is set back a minimum 150 feet with landscaping provided around the base of the tower/compound, the tower will be 150 feet tall and will not be screened from the adjacent single family and duplex structures. As the tower will be of the monopole design, it will not be as obtrusive as the self-support tri-pod or guy wire towers. It was suggested that the height of the tower be reduced to minimize its visual impact on the residential areas. Information was provided indicating that decreasing the tower to 100' in height would also decrease the coverage/service area of the tower, eliminate _the possibility of co-location of another cellular carrier, and lead to the installation of additional towers throughout the area, which is not desired. If the tower is approved, in order to mitigate visual impacts on the adjacent residences but maintain the ability to co-locate structures, the pole should be reduced to 125', and trees provided every 25 feet along the east half of the north and south property lines, and along the entire east property line. Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School- Conditional Use Approval Page 4 It is noted that at Atlantic High School, approximately 1,100 feet north of Plumosa, a 150' monopole tower has been installed without first obtaining conditional use approval. An application for conditional use approval was submitted on November 6, 1996 and will be before the Board at its December 16th meeting.. While that pole is not approved and is not before the Board for action, it should be taken into consideration as the Atlantic and Plumosa locations are in close proximity to one another. As the Atlantic site is much larger than the Plumosa site, and the tower is set back a minimum 275 feet with taller structures, vegetation and activity light poles for visual screening, it may be a more appropriate location for a monopole tower. To minimize the proliferation of towers throughout the City, the cellular providers should coordinate tower locations with one another and encourage co-location of equipment. The Board may want to consider requiring the Plumosa carrier provider, Sprint, to co-locate on the Atlantic High School tower, if conditional use approval is granted for that tower. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Item" was identified. Exceptions to District Height Limitations: Within the CF (Community Facilities) zone district, the height limitation is 48 feet [ref. LOR Section 4.3.4(K)). Pursuant to LOR Section 4.3.4(J)(3)(a) (Free- standing Features), the height limitation contained in LOR Section 4.3.4(K) shall not apply to free-standing antennas, chimneys conveyors, cooling towers, flag poles, radio towers, silos, or television towers. However, any part of any such structure, or feature, shall not extend above the height of 64 feet unless specifically approved by the City Commission. The request for a 150 foot monopole tower requires specific approval by the City Commission and will be acted upon in conjunction with the conditional use approval. I:::~::~:ii::::::~i:[:i~::::ii:::::::::i:~i::i:i:j:ii:i:ii::::::~:::ii::i:i:::iil:ili:ji:i::::j::ij~:::;i~i:i:~:i::iiii:::~::!:::i::j:::::l:i~~[:::::::::I::1:!illmi;ig::::I~:!!~i:iill:llmUI!:I:::l:i::::!:l:i!ij!iiiij:!:::11j:i:ijii:iii.jiiii!!j*i.i.::ji,:i,::l1:!i::i:*::!i,i~::!:[i,ii:jii.:i,:j!~~ii:!ji,i!{i!Illm~i,:jf~il Federal Aviation Administration A letter has been provided from the FAA stating that preliminary approval has been granted for height and location of the proposed tower. If the conditional Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School- Conditional Use Approval Page 5 use is approved, written verification must be provided by the FAA stating that approval of the tower has been granted. Tower Fixtures i.e. Microwave Dishes and Antennas Elevations have been provided indicating the type of antenna for the proposed user will be affixed to the tower which will extend 6' from the top. The elevations should also indicate the type of antenna or dishes that will be utilized by future carriers. Any antenna installed in the future should be similar to the antenna currently proposed. Any proposals to install dishes should be processed as a modification to the conditional use. . With the site plan modification submittal, elevations which indicate all fixtures that will be affixed to the tower must be provided. The Board may want to consider limiting the number of fixtures that can be located on the tower at this time and indicate, as a condition of approval, that any proposal to add fixtures other than antennas (Le. dishes) must be processed as a modification to the conditional use, thus requiring review by the Planning and Zoning Board. Safety (Tower Failure/Collapse) Information has been provided indicating that a monopole tower can be designed to withstand a design wind speed of 120 mph with no failure. The tower is engineered to buckle if it does fail, thus the entire tower would not "fall over". In a worst case scenario (winds exceeding approximately 150 mph), the tower would buckle at 115 feet in height (approximately the top one-fourth of the tower). While the information references 150 mph as a worst case scenario, the monopole towers did not fail in the case of Hurricanes Andrew and Hugo, whose wind speeds exceeded the design wind speed. r':':j't:'::T:.'tr:::::::::r:':':'rr:::r::::.:;.:.:.:.:.:.:.:.:.:.:.:.:.:.:~?:.::t:.,.'t:.:Tr=r=::.........:.:.rr:.:...:.:...:.'1r..-rrrr...:.....:.:.:.:.........".....:.....:.::::r......:.:.:'''IT'''i:-rmrI:rrI!''j:jl;I:1Im:r'':':':':':''''>:"~':rmrrr"::':"':'1::'j:j:(:':':':r"r:r':':!T"':"'-r:ru :::~:::::::t:::tI:rm:::::::::::I::t!:!~!m::m:r::::::::ir::::~:::::::::::::::rm:::::t::::lle.{I~t}:EtlVmI:III~:::!ill:nll;Il::Ii:::I~:I~!I;mm::::::::I!::M:;:tt::I:l::::!l!::~I:::::::::r:::::::l:t:::::::::m::::I@:::::: The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Agency: At its meeting Of October 24, 1996, the CRA reviewed and had concerns with the development proposal because of the proposed height, but did not make a formal recommendation. Site Plan Modification: If Conditional Use approval is granted, a non-impacting site plan modification submittal will follow. The site plan must address concerns raised through the conditional use petition. Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School- Conditional Use Approval Page 6 Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: o Lake Ida Property Owners Association o Seacrest Neighborhood Association Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. .:j:j[::j:j~j:~I~::j:~::::::m~~~~:I~(~j:~:~~j~fi~~~~~~~~j::~j!lj~l1l~illj~I~~I~I[I~I~~~~f.R:I.llllll:~:lrfgll~~Ilf.~ll~11~~~m~~m~~fNlt~~~:~~:j~m*mm .... ... ..... ...... ...... ..... . .... ..... . . ... ... . . .. . . The proposal calls for the installation of a 150' monopole tower with associated equipment. The monopole towers are somewhat unobtrusive compared to the self-supporting tri-pod and guy wire towers. Ideally, the applicant should co- locate onto the Atlantic High School tower. However, if the Board feels this tower is appropriate, consideration should be given to reducing the tower height to 125 feet with trees provided every 25 feet along the north, south and east property lines of the school site, to mitigate any impacts on the adjacent residences. As co-location of cellular providers is desired to eliminate the proliferation of cellular towers, it is recommended that the applicant coordinate with the carrier at the Atlantic High School site (PrimeCo), which currently has an unapproved tower. If conditional use approval is granted for the Atlantic tower, the Plumosa applicant, Sprint, should locate to the Atlantic High School site. ~~~::::::j::~:::::::~j~~:~[::::j:::j:[~j~j~j:~j:l~:~:~~:~::~~:~[::~:~l:~lj~!j:~~~I~~:i.:[~:lj:::~l:~ll:~i~lj::m:~mill~ll:lB:::I~:I::J:~~I:~lj:~:::II::I~::fI1:j:J.ljlll::\ljlj:jj[j:ll~:~:::::~:~::l~~::~~:::::jl;::[::::\[i.j:::llljlj:~l~j::::ll::::~l~:j:ljjjjjjj[:1 A. Continue with direction and concurrence, pending disposition of the Atlantic High School conditional use request, in order to determine if co- location of the providers onto that structure is possible. B. Recommend to the City Commission approval of the Conditional Use request to establish a communication tower at Plumosa Elementary School based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan su_bject to the following conditions: 1. That the tower be a monopole structure no greater than 125 feet in height; 2. That trees be provided every 25' along the north, south and east property lines; Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School- Conditional Use Approval Page 7 3. Submission of a non-impacting site plan modification application addressing conditions of approval; 4. Verification from the F.A.A. (Federal Aviation Administration) that the location and height of the to~er is acceptable and must be provided with the site plan submittal; and, 5. That any proposal to add dishes be processed as a conditional use modification. C. Recommend denial of the conditional use request to establish a communication tower at Plumosa Elementary School based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. ~"" lil"""" l" lrr""" T.""""""""""""""""""""""""""""...."""""""""""""""""".""."""""""""""""""""""""" r"""" r"" rr:I[.."""""" I" r"""""".."""""""""".."""""""" I" rlf"" I"""" rir:I:":" I .r" Ir:nli"f""""" ":":":":":"" ":nr:r "iI" I!rn:1 :::[:::;i::i.:[i.:[:[i.::~::i:I:i.:![~::!::ii.i::[i.[::~:~:i!:[i.:::[i.::::i.:i::::i:!!~~II!:II:@::::~:!I::iEii.~:II!!i.IU~J:~EI:!!i![f.i!lgIm:fi.i.!iil!ie;!!mi.[[!::i!iII[~~i!Ii~i![:[i.mi.:ii:ii~~II!~~~[:i~i.~i.:!i.i.!!i.i.i.i!i.i.itl~i.~i.:i:i:i:[i:~!!i.iii. Continue with direction and concurrence, pending disposition of the Atlantic High School conditional use request, in order to determine if co-location of the providers onto that structure is possible. Attachment: o Access Plan o Sketch Plan o Landscape Plan o Tower Elevations Report prepared by: Jeff Costello. Senior Planner ~.':.' - r-. 10: ;;l:.:..!cj I ill! I~ ~ Ar ~~g~~;~~ W ~ '>.. . / ~ I "f 'l: I ::>"'''':<>:11''' M ~ f! ~ \: -'%:i ~3<"'; /llu ~ I : t-" ~Nmaoy.a~ m:t SNowaav ~ 0.. ..+ ~i 1 i Iii 'Sl~~ ~...c ~ II UJ ,.1..<. ~ ! ~i ':'" ~ ~ Z (iJ a: . 3 -<.; L lOOH::>S AW~BB Y50WOld . "t:: Vl ~~6 I I n - ,- ~ ~:z I - .: I I I . , = .. I "? .. -' I 0 .co ~ < ~ ~ l' I "'~, :z:1 , I ~"\'t " 11 ~I ~ ~~~ ~ . rul L.\ 11'"11 ...J_ WI I ~I "~ Pil "I ~ ~ ~I ~ i,l I I I 0, , 5 i 0, ... ~~ dn I J X' c> 0 go I I i~ i "j en "'< Xo ~~ . '!. " :;,'" N 0 N % " J ~;;"I; c.. 11 Ii ~~; .. s ,.." . ~ s; ::::~ :. i = ~~ ~ : .. -. I . ~o:fh. o gg g g I" I. i I I J-i:-. I < -... ... Co. Q"'" . ~~ ~~ -<...... - . ii u:- : ~ ~ JI .. :z < HL~ -' .. I ~!~ ~ 0 I .. I ;1 ); '"' ! - ! 0 0 0 i :r 0: 0 - - .. :r " i w % -' .. ;:: :z '" . " in '" 0: " . :z: ;:: '" i< '" " - l- I ff r. ; .- r' i f -J I If .1- ~ ~~ !. 6: { i .. I '-1- I ~l"C j . t. ~. I JlllhtlO zi i ~ <I ~l =---- UJI N.E. 2ND Avt:NU'E --=-1 ___. - ~ -- ._ ~~~T..__--=-_-"'-"";-C~::'~-~""~"""'____~"'O::""'-4'-:-_~"<I:_ ~ -_. oo:'YII~._--=-__~~~_.:~"':::::'=';";:'~ - --- -'" I I I \.. I ~~ I I ~ ~ I Cl I w w lJ) \~ ~ f- 10 w I <l >= I ~ Q- " ~ w -~r~ I Ill~ ~ 61O~ ~ ~ I ~ ~ _ O~ I lJ)' w~~<l I wO~~ g~...J I ~~~~ ...Jw8 I ~ i ! ~ ~ " - ~ ~ ; ~ ~ ~ 0 ;I ~ " ~ <:::l >. :::. ~ \: ! \3 \ i I - - - - - -. "-' I - -. -~" - - - TRUE NORTH c- "". ,..,- 0..- -- ANTENNA ORIENT A TION DIAGRAM 1:.8'-,el" . - -- MAX. HEIG~ OF MONOPOLE - -- -- -- -- -- "L~.-::o(lt...~ 15iZ".iZ'" - - -- - -- CENTER LI~E OF ANTENNA- CO-LOCATION fTv DISH LOCATION, AZIMUTH. AND ELEvATION TO BE DETERMINED 6Y SCHOOL AUTHORITIES (.l....~.........~ t~~~ 13iZ"-,el" ~ - - -- CENTER LINE OF FUTURE CO-LOCATION ANTENNA - ..- r--~-- . ""'" - =....,,-# - . ,el'"iZ'"~ GRAD ~ICAl. &IDE EL.!!vATlON .'rrriCAt:'~RD-n~!tT~ '..' . :t., -' "l~-...~.v;..- ':1.. ~ ~,.. t~ :~~'[.'i.=~~V.:7':>_' ".,' CQ 'TY~ICAL COMPO~f'\JD EtEVAT:Jg~.'.':;,,~):1-;"; -:,.1 ..~:,.l::J/8~ . :' ! . ;" \ \ ";~'" 'J~ : _ ":~::f::'".:l]i "~'~\ ~f:: ~ l · I C I . . C . I -...... / - .~... . . - ............. ........__.~.........~ ."",,,-~- Pkmosa Elementry School View lOoking W!st .. ,<3:~_ "'C~' _ l"~-i:~; ;",t :.' _) .~~~~.:1":' '~:'~":;f'--~ -;. . ~~.._ '';'1' ~.. . . .~ " ! ~ .. . .. ."'~. ,.~- .. .~".~~,:..,..~~~~j;.~~ ~t.~. ;:- ~:~~l _ :.~ " i ~ ...;_.,~~~., ~'< . ;oj:; "--.-'l'!" -,~..... ->-"I<F" ~ ~'E:"J!'c1 ~.~', ". ,.t~ 'i'''~:ri~~." " ,j: i '': :~: '~~ ,'~' rr ,~.." . "'~.~ i'f!\[ :~:~;~~;;' Y>~t~~ ,...,.,,,,,, ". ',.,-.."" . "'.~.' " ~'~~. . .",~~~~~, View of Existing Antenna facing North TOWER HEIGHT 65' " dQ"''''> , ' r"XY':--r !'X~~r\ r" ~ m.' ~. ~ , ' . >,-',"')' -;;,~., , I -, "~}~-K'il'$f'l:_ ' '.., (,....~;,,\.},;:.,' . : t.. . .,.",. " ~ .,~"", .. . " ~ ". View of Site Facing ~ .'.'. .. North .. - i ..\ , f · - Itt l' . c..' i.1 ,;,,"'fl ",;.;"" -.' .~"':' ... . J ' . .. ~ . , ';r ., , .J "J'\; '. <f;. ..\So ""., " ". "..,~ ~ . .. ~ ~ ;, .. ~ .. ;t~~f . "',; '. p~ft.':~-";-': .. ti~' . '.,'., .c......".._ ..... . ~.;;."';." 111 .., l~~! ..'~~'~~i.:: :~.;;-~;~; ~V' ... . .... : , ,,~..:, 'lit' -c., ''1'''''~' JI .'" .. ..".. JI, ';'''':,;.,~;>,()j,.k~J~'~'..., J ". /. . ~...". '" ( '.' .' f" . ~ """, . .";.~ ~i . . , ... ... .... ""..<t' ";.J;.; ""l" ~~~~:-t ,. ~ . , . '" " , t, .... .c-. ' '1:'..-'-.. t - . ....." -.. f... . . 11,.\.. .;-. ~', ., ~.\.. '\ ~... .. ..... .,... ~- , .. ..... ~: .~.. ,~'. ......~ .... '" ~ ,'" .... -:'.'. -.:.... ->1'... ., . .. ';?.. 1 , .. .;. . I \I ... ijJ " -- -.-- '. . 'lo , ..... .. . ~ I ~ ~- , " - . . . . . ~ J . : t , ... . " - I . E >. o Q) &.. &.. ::J ra U. ~ - ~ - Q) Q) o > .E - CO 0< J: Q) 0 0 CJ- _ 0 ll) en~ WJ: 0) ra CJ < - &.. tJlen - 00 o ~ ~ ra E Q) Q) ._ en ::J . ~. ~ > a.. ~ . . . , . . 0 ," ,-Ilt . , I .. en c .- 0 m u.. (1) - tn - (1) (j) 3: - 0 ;: (1) , , :> . . .It.--.-- _. '--'--: ~-~'" . -- -!" _. .-- ....--... .~ ..:....... .. ~. - - ... ) ... , . -~ . .. . . "",..", .~, ' -.. ' ~.41..;j..Jn'$t. . . J # ... ..'. t. .. ..-_. . \' ',,". . oM - ,.. ' , ., ",. .. ,I - - ... ',.. . . I . . .. . "". .. .......... .' --." .- ......... .... t..." . /' · ..mJIIfl~.' :'r ~ .,.." ,,,-~.,..' '. ., . . . 1# " . - - -...... .,. '" . ..", .. I ..' . ~ ~ ,of :~';;'t:'t'-",,- ,.~. ... . .. .... - ...~ ,... "" ~ -- . .. ...:- ~. . . .., .... ;,' . f.,' .. . .',' , , .. .. . ~ ., ", . . . ~, ;~ , . . . . . ~ .. -- ~-.J. ~ ~ . , . ' . i ' . . _.4_ f - of ~ ;:t -' , 'Z l' i.t . "f,; ',\" ..,,:.. t~ · t- :<"l:" '" " \. ~.' -'. .:- - iI - ~~.,~. -(',: . '-..--. -.; " J )< ('.. ..... '.~; 1J " "'~ ~"J ... 'I . ttJ.. ,,," : "," 'j ~ , . . ."......- ... ,-.., . . ~r "4' ,,' ,~ ,~. ~. .- . ........ .- -- .-::'"'-. L._,..~ _""" .-' ~ ~"....-. ~ ..... View of Site Facing North . .-.. .. , ~- v t' ...,.,. - .;t: . . . - ~ - j- . ~l ; . , ~:- j/" , .;\ ~. , . .,~-.- M. . r~ J " t ,. 'if ..J ~, ; <..-._- ~ ~ I ~ 4 Wl , f .- ~ m 't} ,-< C U .. as " u. , . . I) .J: . ~ 1:: \ en 0 - Z 0 == I) :; ! I " t. I ~ 1 .. . ~ I .' '\ . '.., , .~ : .. , . .'; .. f . . -' I t .~ . 1 """~ ,..t._ _~ . ~ I . . i 4 I ~ 1 r I:;~~ I .. I ,I I ,~ i .., -- -L .~ " I. ~ I .f r \ \,.J JJ '. ~.... . ..~. I~. _ . t '~'j~ 'r" \ f' . . '1-.' . . .. \ - ". ._". .-:~........ ..... . - \:. ~- ..;; --.. . III . AJ.' .. :~":.;,.-:' ; ~- -. . -: ~ ~ ~ .. '. ". --.....~.., '. - ..: . l . ...... "V "'i;:;- - . .. 1..- ....~... . . "." '-'.- T - , . ..--- . . '0 - " , .. ~.... . t. ~ r .!t/,;. . " ",.. , ... . : . '. , , .t!'.r ...... ..~. ., 'j"'.~ i, "', . " . .., ~ . .~ " , " .' . +. " ',. ' ". . ' 4. " .. . . '" < 1 ., _.. . "_I~~ .--. .L .::.0.-': ~" . ___ ... '-~""" - ~, . ~, -""~. ' - ~. . ",,, ...."",::;.,,._"'''''',.,....>.. . ~~':.'"'..... .~....~;...--......_- -. "'C., ~'" .... t';' ,., r:...,; . ""'.." - Jl;' .~. ' ., ..~. ...,," MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9 8 - MEETING OF DECEMBER 3, 1996 CONDITIONAL USE REOUEST/COMMUNICATION TOWER AT BROWNING FERRIS INDUSTRIES, INC. DATE: NOVEMBER 27, 1996 This is before the Commission to consider a conditional use request to allow the installation of a 150 foot communication tower on the Browning-Ferris Industries property within the I (Industrial) zone district for Nexel Communications. The subject property is on the northeast corner of the BFI property at 1475 S.W. 4th Avenue. At its meeting of November 18, 1996 the Planning and Zoning Board held a public hearing regarding the proposal, and there was no public testimony in opposition. The Board voted 5-0 to recommend that the conditional use request be approved based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions, Recommend approval of the conditional use request to establish a communication tower at the Browning-Ferris site, based on the findings and recommendations of the Planning and Zoning Board as outlined in the attached materials. rj\ 1...-. [~ illl TO: DAV~'~ER THRU: DIAN GUEZ, C OR DEPART E F lA NING AND G FROM: A. COSTEllO PLANNER SUBJECT: MEETING OF DECEMBER 3, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO INSTAll A COMMUNICA TION TOWER AT THE BFI (BROWNING-FERRIS INDUSTRIES) SITE. LOCATED ON THE EAST SIDE OF S.W. 4TH AVENUE. APPROXIMATELY 800 FEET NORTH OF LINTON BOULEVARD. J:...:....:::::::::::::.:::......:...::::::::::::::.:IgIJ.il::'IIII:lllml:::i:E:::;r:li:::lillJ.lllil:::::::::::::::::::::::::::::::::::::'::.::::::::.::::::::::::::::,:::::::::::::::::::::::::'-:::::::::::'::::::::1 The action requested of the City Commission is that of approval of a Conditional Use request to establish a communication tower at the BFI (Browning-Ferris Industries) site, within the I (Industrial) zone district. The subject property is located on the east side of S.W. 4th Avenue, approximately 800 feet north of Linton Boulevard. The development proposal is to install a communication tower for Nextel Communications at the northeast corner of the BFI (Browning-Ferris Industries) at 1475 S.W. 4th Avenue, which incorporates the following: . Installation of a 150 foot monopole communication tower with a 6' high antenna and lighting rod at the top of the tower; . Installation of the associated equipment room within the 50' X 65' (3,250 sq.ft.) lease area, with accommodations for an equipment room and propane tank for a future cellular provider; and, . Installation of an 8' high chain link along with associated landscaping around the perimeter of the leased area. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report_ City Commission Documentation Meeting of December 3, 1996 Communication Tower at the SFI site (1475 S.W. 4th Avenue) - Conditional Use Approval Page 2 I:......,:,.".':!.-:.-.:.-:i:.::.:.::.:.,:::.::,::::::::i.::i'i::IIIIIIII:::'III1:::IIIIII::::118Iiiilllll:16111111:':':':::::::,::::ii:':!i.:':::::i:"":'::,.i::.,::.:.::::i:ii:i:::!:!.,.::i::i:,i::.::::1 At its meeting of November 18, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no testimony regarding the proposal. The Board voted 5-0 (Eliopoulos and McCarthy absent) to recommend to the City Commission approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the tower be a monopole structure no greater than 150 feet in height, and that if there is not an agreement reached with PrimeCo to co-locate on the tower, then the height must be limited to 120'; 2. That the tower be located approximately 350 feet to the south of the proposed location, along the east property line; 3. Submission of a non-impacting site plan modification application to be processed addressing conditions of approval; 4. Verification from the F.A.A. (Federal Aviation Administration) that the location and height of the tower is acceptable and must be provided with the site plan submittal; 5. That any proposal to add dishes or other similar types of fixtures, and microwave relay dishes or other similar devices be processed as a conditional use modification; 6. That the trees around the compound/lease area be at a minimum 16 feet in height at the time of planting, of Florida #1 Grade or better, and of a species that will have a mature height of at least 35'; and, 7. That conditions 1-6 apply to any third provider. In addition, staff suggests the following condition of approval be included: 8. That all obsolete and unused communication towers shall be removed within 12 months of cessation of use. (The applicant shall submit an executed removal agreement to ensure compliance with this requirement.) I:'::::.::.!:.i':::::::.:::::i::::.:":::::::'::::.::::::::::::!::::::.:::.:::'.:.::.:'!:;::'!:,:::::!.!,::.::!::: 1.::BI~QMMI;BDE[);'~~~lq~t: :'::':':::::: ::.'.:.:: .-:::1.::::::::::::::::::::;::::::':::::.:;:'::::':::::::":::.:::::':::.:::::::1..:1 Approve the conditional use request to establish a communication tower at the BFI (Browning-Ferris Industries) site, based upon the findings and recommendation of the Planning and Zoning Board along with the condition that any communication towers on the site that become unused or obsolete be removed within 12 months of cessation of use. Attachment: P & Z Staff Report and Documentation of November 18, 1996 PLANNING AND ZONING BOARD- CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: November 18, 1996 AGENDA TEM: IV.D. ITEM: Conditional use request to allow the installation of a 150' communication tower at the Browning Ferris Industries (BFI) site, located on the east side of S. W. 4th Avenue, approximately 800 ft. north of Linton Boulevard, PROPOSED TOWER LOCATION .. oELRAY MALL SOlJ1HRIOCC " VlUACC CONDO UNTON INTERNATIONAL PLAZA GENERAL DATA: Owner.................._..................... Browning Ferris Industries, Inc. Applicant.................................. _. Nextel Communications Agent......................................... Ellen Smith, A.I.C.P. Location..................................... East side of S.W. 4th Avenue, approximately 800 ft. north of Linton Boulevard. Property Size............................. 6.823 Acres (3,250 sq.ft. lease area) Future Land Use Map................ Industrial Current Zoning........................... I (Industrial) Adjacent Zoning..........-.....North: MIC (Mixed Industrial & Commercial) and I East: I South: I West: RM (Medium Density Residential) and I Existing Land Use..................... Browning Ferris Industries (f.k.a. County Sanitation), Southern Regional Headquarters. Proposed Land Use................... Installation of a 150' communication tower at the northeast comer of the property. Water Service............................ N/A, Sewer Service........................... N/A. IV.D. ~i;~::~iiii!i~:~i~i::~:~~::~~~:i;~:~~::i;:i~:i~i:i;~:i:~:i:~ii:i::::::::~:~:~~:i!;::i~::~::::i::i:i:~~;I::~I~~:i~:!lii~::i:~il:I:::Ii:::I~I::m:::~::::~I:;Ii::It.ijIf;I::jl::li~~I:::I:i::i~~:i:i~i~:~!::::li::i:ii::i:j::i:~:~::~~i:::::li~i:li:i:i:iiiiii:::i:iiii~:~:iiiii:~i::~:::~:::1 The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a communication and transmission facility at the SFI site, pursuant to Section 2.4.5(E). The subject property is located on the east side of S.W. 4th Avenue, approximately 800 feet north of Linton Boulevard. The subject property was developed in 1980, while under Palm Beach County jurisdiction. On October 17, 1988, the subject property was annexed into the City pursuant to the Enclave Act (Enclave 34) via Ordinance No. 115-88, and zoned LI (Light Industrial). With the Citywide rezoning and adoption of the Land Development Regulations in October, 1990, the subject property was rezoned from LI to I (Industrial). At its meeting of February 24, 199.1, the Site Plan Review and Appearance Board (SPRAB) approved a minor site plan modification for the construction of an employee parking lot. On December 21,1994, SPRAB approved a minor site plan modification for the construction of a truck parking area along with two above ground fuel tanks. The improvements associated with the above modifications have been installed. On October 1, 1995, County Sanitation, Inc. and its holdings, including the subject property, were purchased by BFI (Browning-Ferris Industries), waste service providers. On February 8, 1996, the 104th Congress of the United States passed the Telecommunications Act of 1996 (Public Law 104-104). The Act addresses many topics including telecommunication services, broadcast services, cable services, regulatory reform, and other miscellaneous provisions. Section 704 of the Act addresses local government zoning of towers used for cellular, PCS (Personal Communications Services) and CMR (Commercial Mobile Radio Service) transmitters. When regulating the placement of towers, local governments are prohibited from: 1) actions which discriminate between providers of "functionally equivalent': services; 2) actions which have effect of prohibiting the provision of wireless services; and 3) regulation of the placement of towers based upon Radio Frequency (RF) emissions. Local governments must act upon tower siting requests within a reasonable time and all denials must be in writing. On October 4, 1996, a conditional use request was submitted to construct a 120' communication tower at the northeast corner of the BFI site. The development proposal has since been amended to increase the height to 150' and is now before the Board for action. While the public notice states the proposal is for a Planning and Zoning Soard Staff Report Communication Tower at the SFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval Page 2 120', pursuant to LOR Section 2.4.2(B)(1)(n), the development request can be changed during processing without requiring re-notice, when the change is not to a more intensive zoning or new use. There are also two other tower locations which are before the Board for consideration, each under separate petition. - .i:::i~11:1:i1~1~:~:~:~:!1i:~\!1::i!j:!1:1ii!~:!!i!~!:11::ir~:i):ii:~:::1i1!~1iiiir~iiiB1il~I~I!.;t\I~11iiii1Ililfl:1Iillliiliji11111Irliii1i(1iiii1~lim~~~1~1f~11t\li1~~I~ii~1 The development proposal is to install a communication and transmission facility/tower for Nextel Communications at the northeast corner of the BFI (Browning-Ferris Industries) at 1475 S.W.. 4th Avenue, which incorporates the following: o Installation of a 150 foot monopole communication tower with a 6' high antenna and lighting rod at the top of the tower; o Installation of the associated equipment room within the 50' X 65' (3,250 sq.ft.) lease area, with accommodations for an equipment room and propane tank for a future cellular provider; and, o Installation of an 8' high chain link along with associated landscaping around the perimeter of the leased area_ 1:::::\::'ii::~i::::::;j:~1~:):::ii~j:::::::~:::::j::ii:::::)\:i::~:):~,::::::::::\~j:~:):g~ijl:~li:I::i~:im:::I:il~ljil::ii~:ii:~jljl:::li:::::i::lil::I::::miliI1::I:::\11:ii:i::::::::i~:::::::i~:i::::it:::::::~:i::::i:~1::1:::r;:i:::::~::j::::ii:::' 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 which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has an Industrial Future Land Use Map designation and is zoned I (Industrial), which are .consistent with each other. Within the Industrial zoning district, a communication and transmission facility is allowed as a conditional use [ref. LOR Section 4.4.20(0)(3)]. Based upon the above positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Planning and Zoning Board Staff Report Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval Page 3 Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed tower will be unmanned, and will not have any impacts on level of service standards as they relate to water, sewer, drainage, traffic, parks and recreations facilities, and open space. Based upon the above, a positive finding can be made with respect to Concurrency. 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 no applicable objectives and policies are noted. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5l (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 overall BFI site is bordered on the north by the Industrial and MIC (Mixed Industrial and Commercial) zoning districts; on the east and south by the Industrial zoning districts; and, on the west by the RM (Medium Density Residential) and Industrial zoning districts. The existing land uses are: Tyler Fabricator's to the north; to the east is Tarmac Concrete Company; to the west, Gulf Stream Commerce Center, Linton Truss, and Linton Ridge Condominium, across S.W. 4th Avenue; and, to the south are Adelphia Cable Company, Linton Self Storage and One Linton Boulevard industrial development. The proposed lease area is located at the northeast comer of the site and is surrounded by industrial uses. While compatibility with the adjacent industrial uses is not a concern, there is concern with respect to the residential neighborhoods to the north and west. At 150' in height. the proposed tower will be imposing to adjacent residences which are located within 150 feet. The tower will be of the monopole design, which is not as obtrusive as the metal tri-pod (self-support lattice) or guy wire type towers. Reducing the height of the tower has been explored. however this would decrease the coverage/service area and require the installation of additional Planning and Zoning Board Staff Report Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval Page 4 towers throughout the area. As additional towers are not desired, it may be more appropriate to locate the tower further to the south, interior to the industrial area, to reduce the visual impacts on the residences. A similar request to install a 150' tower at Pine Grove Elementary School, northwest of the BFI site, is being processed. The Pine Grove tower is surrounde.d by residences and is within 100' of a multiple family development, which is inappropriate for a tower of this height. If the BFI tower is located interior to the industrial area, it would be appropriate to allow it at 150' height and require the Pine Grove cellular carrier, PrimeCo, to co-locate with the BFI carrier, Nextel. If the tower is relocated, it should not have a detrimental effect on nor hinder development of surrounding properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. Exceptions to District Height Limitations: Within the I (Industrial) zone district, the height limitation is 48 feet [ref. LOR Section 4.3.4(K)]. Pursuant to LOR Section 4.3.4(J)(3)(a) (Free-standing Features), the height limitation contained in LOR Section 4.3.4(K) shall not apply to free-standing antennas, chimneys conveyors, cooling towers, flag poles, radio towers, silos, or television towers. However, any part of any such structure, or feature, shall not extend above the height of 64 feet unless specifically approved by the City Commission. The request for a 150 foot tower requires specific approval by the City Commission and will be acted upon in conjunction with the conditional use approval. Federal Aviation Administration A letter has been provided from the FAA stating that preliminary approval has been granted for height and location of the proposed tower. If the conditional use is approved. written verification must be provided by the FAA stating that approval of the tower has been granted. Planning and Zoning Board Staff Report Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval Page 5 Tower Fixtures i.e. Microwave Dishes and Antennas Elevations have been provided indicating that the antenna for the proposed user will be affixed to the tower and will extend 6' from the top, The elevations should also indicate the type of antenna or dishes that will be utilized by future carriers, Any antennas installed in the future should be similar to the antenna currently proposed. With the site plan modification submittal, elevations which indicate all fixtures that will be affixed to the tower must be provided. Any proposal to add dishes (as opposed to antennas) must be processed as a modification to the conditional use, thus requiring review by the Planning and Zoning Board. Safety (Tower Failure/Collapse) Information has been provided indicating that the proposed monopole tower can be designed to withstand a design wind speed of 120 mph with no failure. The tower is engineered to buckle if it does fail. In a worst case scenario (winds exceedingly approximately 150 mph), the 150 foot tower would buckle at 115 feet in height. While the information referenced 150 mph as a worst case scenario, the monopole towers did not fail in the case of Hurricanes Andrew and Hugo, whose wind speeds exceeded the design wind speed. iT ..... ..... "'-"'rr-Ti'" ..:... "r .-.... ....:.. "'i' '''rrn'''' r" -"'i ..r:r:r;-:I:r[..iir..... .-.....n-iI'-..:I!""...... IiliIiI!f......---. .--.....-.............. '--'" ........-irnrri.. -:. --ri'I"" tin :::~::::~::i~::j:::::~:::j::~ii::::::iiI::~ij:::~::ii~::g::~j::::::::::::j~:ji::::::::!'f=::~:li:::j::::::B:~:E::jl~I:~I:.~:::::j:I~I~::i:::llti~~li~:li:l1i:I::iii~ii::i::ij::~:iij:::i::ij:j:::;i:::ij~:i:M:~:::ii:::1i~::::;i:::::~i:~::ili~::~~~~~:~::[: The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Modification: If Conditional Use approval is granted, a non-impacting site plan modification submittal will follow. The site plan must address concerns raised through the conditional use petition. Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: o Woods of South ridge o Town and Country Estates o Laver's o Delray Property Owners o Progressive Residents of Delray (PROD) Planning and Zoning Board Staff Report Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval Page 6 Formal public notice has been provided to property owners within a SOO ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ~~1~i~~j~~~~jj~~~~~ji11~11j1~1f&1j~11i11~f.l,iil!IJ.~I~I~Illfljl~~I~lj~~i!i1I~jll~~~~~I~I~lj~I~I~~I~I~llg~jf!a~~il~1~;i~~i111~1[~f~i!1l~:~ The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 and Section 2.4.S(E)(S) of the Land Development Regulations. The proposal calls for the installation of a 150' monopole tower with accommodations for an additional carrier. The monopole towers are somewhat unobtrusive compared to the self-supporting tri-pod towers. In order to mitigate impacts on the adjacent residences it may be appropriate to locate the tower approximately 300 feet to the south, which would then centrally locate the tower within the industrial area and reduce its visibility from the residences to the north. If located interior to the industrial area, it would be appropriate to allow a 1S0' monopole and require the Pine Grove cellular carrier, PrimeCo, to co-locate on the tower at the BFI site. Any proposal to add dishes must be processed as a conditional use modification. 1~::~~::~!!:1:i.~1:!::1~!:1:::~1~::~11~1:~1:1:1~):~1~1!i1:~::i!!!:::i::!!:ii:)i:1::!!!::!11!!I:!rm:I::i,I!i,1!lil:~i:i!)):I::~I:::::!!:I:~II!::I::)I:i:I::i::!::::::::!:::::)::!::::::::!:~:1~i!!!!:~::!!!!!!!!::!!!~i!!!~\~!:~:!:111!:1!!!!!1 1. Continue with direction and concurrence. 2. Recommend approval of the conditional use request to establish a communication and transmission facility at the SFI site based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.S(E)(S) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request to establish a communication and transmission facility at the SFI site based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.S(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. I...... - -........ -........ -... - -........... -.... -......... riT .-iI........ - -.'. - -... -. r' - - -......... - -.... -... - -.... - -.. -.. -.. -. -.. -' -.. -. -........................ -.............. -.... ":'i'i'mr~':r'i'" r r!-irin-I:'Iirirmriril i:~)::i:::::i:i:;:::::::::::ii:::i:::;::i:i:::m:~:;::i:::i:;:::ii:~:i)~:i:::i:i):I:iI:i::::ii:~:::i)iii)iIUiiii,*):IIM1i:l:i:i~:S:~~li)~g~:im::::::i)~fli~li:~lll,)::mi:im:i::ili:::ii:~~:::i:i~:::::i::;~:ilil~~~:&~~:iii;ii~iiiil~~::&;~~;;:ili~1il~:iliiiii Recommend to the City Commission approval of the Conditional Use request to establish a communication and transmission facility at the SFI site based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.S(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: A. That the tower be a monopole structure no greater than 150 feet in height; Planning and Zoning Soard Staff Report Communication Tower at the SFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval Page 7 B. That the tower be located 300 feet to the south of the proposed location, along the east property line; C. Submission of a non-impacting site plan modification application to be processed addressing conditions of approval; - D. Verification from the F.A.A. (Federal Aviation Administration) that the location and height of the tower is acceptable and must be provided with the site plan submittal; and, E. That any proposal to add dishes or other similar types of fixtures be processed as a conditional use modification. Attachments: o Survey/Access Plan o Landscape Plan o Tower Elevations Report prepared by: Jeff Costello. 'Senior Planner :z: ~.. w . .... ~ , . " . ... o ...__., _' .......... . .....- . ,- . - << - . ... w w I ..;lA! .t: t- o.i. '. <Ii'" :>... - x"'. ... ":j (Il ....l!io I ::;0:;: . " X w ..O..!<. 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':.:~~~::-l~J::':P;-:;.:! ~,'~~, ,.:t'~, ~ '.;<~ c~';-.~.:p..;II,'r._~'"..~. ~ :::.~..-. ..' i " '_.:~--.- .~.' _~" ~", .. ..~~, --- <..' > ,'. ..., l~lf:,j(-:- -" .., ~ _ . , _' " ,-:-:';:.-;'-;-'--;--;-'-; -',noI '~2,'Z, ,.4 .~; . ,..",' '-. .'- ...... .. -.. ,." .?f.~' , w._-'.., ,. J . S '. l " : ".~~ . '. . .'_, ;/ ....,../ _ ,f. .... . . . . . .. .~, . I crJ~ .~ 1. Shot taken at Northeast comer of SW 4th A venue and Sterling A venue, facing Southeast approximately 1100 feet away from the proposed monopole site. (?) '. 2. Shot taken from Sterling Avenue, at the midpoint between SW 4th Avenue and S. Swinton Avenue, facing South-Southeast, approximately 800 feet from the proposed monopole site. g) 3. Shot taken from S. Swinton A venue, at the midpoint between SW 4.th A venue, and Sterling A venue, facing South-Southeast, approximately 550 feet from the proposed monopole site. 4. Shot taken at the Northwest comer of S. Swinton Avenue and Sterling Avenue, facing South-Southwest, approximately 800 feet from the proposed monopole site. ~ ! - - ...- . 5. Shot taken from S. Swinton Avenue, approximately 200' Southwest of the intersection of Sterling Avenue and S. Swinton, facing South- Southwest, approximately 600 feet from the proposed monopole site. - <ID -4tJl':J" , I ' l . //- , -~. , \ , --' 1.. 6. Shot taken from the Gulf Stream Commercial Center Parking Lot, flicing East, approximately 700 feet from the proposed monopole site. .. , .-.; '" ., .,""......-..4,J:JilOilt.. . ...~......,,_..~ ~ ~.;""- ~!~f.' , : ; .':....;.,:\' ;,.." ':';"'--."'..:, ~'''~~:;'}.f;, -' ",~. "'.'. .i' 'jjjjji. _,.'. c., .. f -~ ". ,.. "" ",.r::."'l..., -.. .., .,iI' ."'. ~ _.MIIIIIl!I:'. . -~.!;'.'... {-'."~ . ."'iJIl....... .. .. .. .' :~~ft~~~;;:.-',f:~'.>;:'. '.,;'.,"' 11.".. .'., _,_ .,'_. __'_._ 7. Shot taken from Old Dixie Highway, approximately 300 feet North of the intersection of Old Dixie Highway and Linton Blvd., facing North-Northwest, approximately 650 feet from the proposed monopole site. 'i .~" 8. 9. Shot taken from Northeast comer of SW 4th Avenue and Linton Blyd. facing North-Northeast, approximately 1150 feet from the proposed monopole site. . ~ ; Parent Tract with Proposed Nextel Communications Site .- >> .. ~ MPH ~D S POINT - ,~-._- Entrance of BFI facility with Tarmac silo in background (facing East) .. .' '.-' ..... . . .....;.:;;;"..... .""""":,.<:.,,,.~,.:-.. . ',......~:.~.. .. . .~ . . .j" . ~ - -..... "}";';"."" :):;>;':.;;~;.;'l" ;~ "~~*'~i .,,:., . 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' u:l ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERe~i SUBJECT: AGENDA ITEM # 9 C - MEETING OF DECEMBER 3. 1996 EXTENSION OF CONDITIONAL USE APPROVAL/BETHEL EVANGEL- ICAL CHURCH DATE: NOVEMBER 27, 1996 This is before the Commission to consider a request to extend the conditional use approval for Bethel Evangelical Church located at the northeast corner of S.W. 8th Avenue and 8th Court, within the R-1-A (Single Family Residential) zone district. The development proposal is to construct a 1,540 square foot building addition to accommodate six classrooms, a kitchen and a bathroom, along with installation of a 26 -space stabilized sod parking lot, and with modifications to existing parking areas. The proposed modification of the original development proposal includes conversion of the approved pastor's office and choir room in the west wing into a Fellowship Hall. On August 30, 1995 a site plan application was submitted and technical comments were transmitted to the applicant's agent on September 25, 1995. However, revised plans addressing the technical comments were not submitted until July 1996, and site plan approval has not yet been obtained. Thus, construction on the project has not commenced. Final action on the site plan is anticipated in January 1997, Unless an extension is approved, the Conditional Use for the project will expire on December 6, 1996. Recommend approval of the request for an extension of the Conditional Use approval for Bethel Evangelical Church, pursuant to LDR Section 2.4.4(F) (Extensions), and Chapter 3 (Performance Standards) i said approval to be valid for 18 months on the condition that site plan approval be obtained by June 3, 1997. ~~ti z;tV) lilli_lI11!j"~lj;II1Jlljl~)!ljljlJ~tlil~--j ...................................-..0...11. .....m...II.. M'M'ISBIII" ....11. g. .m....I.M.lllm. ....m. ..III.. R..................................... ..................................... ..... . '" ,... .... .. ....... ...... ...... ............ ,..................,................,. ..............,...............,......, ". " '" .", ...... . .,.. ... ........ ..... .. . . ..... ........ ..................,..,............... .............................'...',.................,..'....,.......,....... . . .', ',',',' ,',',',' ',' '.'. .. . '. .'... '{'.' .....' ,',' ','. ','. ','. . ........ .... .... .... ..... '.' ", .,.,.,'..,.....,.........,..'..,..'....,.,.,.....,'..,..'............,..... ........,..................,.,........ .. ........ . ..... . . . ... .... .. .........................,..,......... ............,..........,............... ...... ..... . . .. . . , ..... " . . ,.. ............ .. ..................................... TO: DAVID T. HARDEN, CITY MANAGER ~V\9.-~~lAf<, THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT F Pl NING AND ZONING ~-- .- FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF DECEMBER 3, 1996 REQUEST FOR AN EXTENSION OF A CONDITIONAL USE APPROVAL FOR BETHEL EVANGELICAL CHURCH. 1::"'::'::'::::':'::'::::':/:::':::'::':'::'::::.::::::::::::::::::::::::::::111I'11::::llllllml:I:::IE:::1I:I:::IIII,B'II:::::::::::::::::::::,::::::::::::::::::::'::':::::::::::::::::::::::':::::::'::'::':::'::'1 The action requested of the City Commission is that of granting an extension of a Conditional Use approval for Bethel Evangelical Church. The subject property is located at the northeast corner of S.W. 8th Avenue and S.W. 8th Court, within the R-1-A (Single Family Residential) zone district. I H H H'" H' H'" H' H' H' H' H H' H H H' H. H H" H H' H H,H H H H.... H H" H H.... H'" H' ~I'" ....... H' H H H H' H.... H.... H' H........................ r::H .j.... .:' ':''''n .:'.-1 ........................... .... ........... ........................-......................................-.....-...........-..................................B....:,~,~.I#.'......R................~ID.......................................................................................................................................................................................'.' ~j~~~f~f~f~f~f~ffr~:~' .::::::::::::::::~~~~~~~1 ~1m~~1fmgf~i~f~f~j~j~m~f~mmmmmmm~fj~1~ffi~f1~f~f~j@m~j~f~1rr1ft~1 : ~~in: :' ~ ; ':, .::: :. ::: .I~ ::: rfrrrrrmt~frm~ffmmtj1trrtrmfm~ft~ff~1~mm1~m~1~ri~mt1~i~j~ijj~i~frfffmmfii~j~f ............... ............ ..............................................H........................H.G....DU................................................................................_.................. .........."". ......,."" ".".,..........................................,."""..,.................."",.................""".,..,..,.....,................................................,.......................,. ..........,.,., ........,.., "..."......,..................................,..,."..,..,.............,..,."..,.... ...........,."",..,..,...................................................,..,..................,..,.... .............. .... .. ... . .... . ... ............ ........................ .. .. ........ ... . . At its meeting of June 6, 1995, the City Commission approved a conditional use modification request for Bethel Evangelical Church with the condition that a site plan application be submitted and approval obtained. The development proposal is to construct a 1,540 sq.ft. building addition to accommodate 6 bible/Sunday school classrooms, a kitchen, and a bathroom, along with installation of a 26- space stabilized sod parking lot as well as modifications to existing parking areas. The modification includes conversion of the approved pastor's office and choir room in the west wing into a Fellowship Hall. On August 30, 1995, a site plan application was submitted and technical comments were transmitted to the applicant's agent on September 25, 1995. City Commission Documentation Meeting of December 3, 1996 Bethel Evangelical Church - Request for Extension of Conditional Use Approval Page 2 However, revised plans addressing the technical comments were not submitted until July 1996, and site plan approval has not yet been obtained. Thus, construction has not commenced on the project. Unless an extension is approved, the Conditional Use for the project will expire on December 6, 1996. I'::,:::::::::::::'::'::.:::::::::::::::::::::"::::'.:':::::::::'::::':::::::::::::::::::::::.::::::::::':::::'::'::':::::::::81:11'=11:::11111111:::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::':::::.:::::::I:.::::::::::::::::::::::::::::::::.::::::::.1 Pursuant to LOR Section 2.4.4(F) (Extensions), extensions may be granted to a previously approved application pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; . The extension, if granted, shall be for eighteen (18) months unless otherwise stated. Additionally, when an extension is requested for a project on which construction has not commenced, or construction has not been deemed substantial, the granting body must make findings as outlined in Article 3.1 of the LDRs. These are the same findings that were made for the original approval, which relate to Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency, and Compliance with the Land Development Regulations. The letter of request was submitted by the agent, Frank Dino, in a timely manner. Since the conditional use approval of June 6, 1995, the church has been considering relocating and building a new facility. The church has since decided to remain at their current location and therefore is requesting an extension of the conditional use approval. There have been no changes in the Land Development Regulations since the time of the original approval which would make any aspect of the proposed chapel non-conforming. Similarly, a finding of concurrency can be made for this project with respect to the Level of Service Standards (LOR Article 3.2). Revised plans addressing staffs comments were submitted. Final action on the site plan rests with the SPRAB (Site Plan Review and Appearance Board) and is anticipated in January, 1997. City Commission Documentation Meeting of December 3, 1996 Bethel Evangelical Church - Request for Extension of Conditional Use Approval Page 3 ~':'::'::::::'::::::':::::"::::.::::::::':":.:::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::'.:::::.':::::::::::::::::::::::::::&111111:1eg:::ilmtlll.::I::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::':::':::':::::::::::::::::::':::::::::::::::'::::':::::::'1 By motion, approve the request for an extension of the Conditional Use approval for Bethel Evangelical Church, pursuant to LDR Section 2.4.4(F) (Extensions), and Chapter 3 (Performance Standards); said approval to be valid for eighteen (18) months, with the following condition: 1. That site plan approval be obtained within 6 months (June 3, 1997). Attachments: . Request Letter . Location Map . Sketch Plan ,Sent by: ;:,P.D 4073951007 11/25/96 1 :29PM Job 759 Page < F.P.DINO INT'L Inc. 2234 N, Federal H\NY Suite 470 Boca Raton. FL 3343] November 25, 1996 Mr. Jeffrey Costellu Planning Dept. City of Delray Beach 100 NW 1st Ave Delray Bch_. FL 33444 faxl-561-243-7221 Re: Bethel Baptist Church-Conditioaal Use Modification Dear Jeff: Pursuant to our conversations concerning Bethel Baptist Church, please accept this correspondence as notice requesting an extension to application referenced above_ It appears that although future plans may be on hold, with respect to alterations or additions, the owners have a sincere desire to complete development of adjacent property for LIse as additional parking area_ Until our discussions last month, I had been unaware that existing pews not already clouded on plan for removal, required additional mitigation. At one time, there had been discussions within the Church, contemplating a new location. However, the Church has since decided to remain at their current location and is hence requesting an extension of the conditional use approval. Thank you, ~ { F nk P. DUI0 CEO F.P.DINO INT'L Inc_, Project Developer cc Pastor Francois ( ( , II I jH11 IIIH IT T I ! Ir =rfI==f W l II JI II S.W. 41H _..- S:!:-..-- _ ~- IT ~ I I - ~ ~ >-- I- - ~ ~ >-- "-' - ~ ~ >-- :J - I--- ~ - ~ ~ ~ Z - ~ AUBURN CIRCLE WORlH - - - ~ ~ ~ < - rT - ~ ~ >-- t- D ~ ~ II'l I--- ~ < 4. Z ex: d => lD 0:: $' :> u :> lD lD :> :> < < F F I--- ,... lD n ~ '--- ~ AUBURN ClR. S. ~[ < ~ S.W. 7lH ST. 71H Sr. ~ ~ IT u F ~ >--- -- ~ ~g]~ l ~ 30 ~ vi ui ui ~ - S.W. 7TH CT. I I ~ 1.....- 6TH CT. F- i:JL.. BT SI. ~ I .... y I--- OJIIIIIIIJJJ IT ~ d?p'v -~ ki < < ~V~'\ ~ I-- - S.W. 9lH -... f-- "-- '\~~ I-- ~ I-- b: '-- G<V~<V ~1- 1--;; ~ I-- :: ~L... - - - - S.w. 9lH -- - - ~ ~ 31 - - - vi ri ui -- -~ S.W. 10TH ~ STREE1 J T1 11 7f [' < o~ /;/= ~ G~ ~ - - <?\~ ~ ~ - III Ii ~<v~ - If; <v~0 OO\- - Is I-- SG~ I-- Ii? ;; I-- I ,.../ f I ,... I-- r\C>'VC" ~~.. l.....- N - BETHEL EVANGELICAL CHURCH f'U.NNJNG OEPAR1l.tENT CITY aT lIaR... Y 1lEA0i. R. -- DOrAI. BASe UAP S1'S7af -- ) v +. - ;/>fS ,- ~ ? ... - ;}/lY "'-L- ~' ~ t .1 :1, f , .' . .. .'{ ~ J .! ~~ ,j' " ., ~~~ ; . , , ~~. : . . ; . - " " . ... 1-- . 9 . . \ '-1- '~ :::> 15 0 '~I U ir~ '-,I > .... '3: . , (I) .~ I - I , .. ' 1 . ~ - ,a . J)OrOI\YoI 1"MWSV .K:' 1 - - . . .'\):1 , - l~ 1JIJIG\YJ 1'1'11l.1SV'~ - ... 3nN3A V His MS - o~ ) ), ..... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t_f1/ SUBJECT: AGENDA ITEM - MEETING OF DECEMBER 3 1996 CREATION OF A TASK TEAM/LARGE HOME COMPATIBILITY DATE: NOVEMBER 27, 1996 This is before the Commission to consider the creation of a task team to address the controversy regarding construction of new .-- homes in established neighborhoods which greatly exceed the size of surrounding homes, and propose recommendations (as to LDR amendmen t s ) for resolving the issues raised at the Commission workshop meeting of November 12, 1996. This issue primarily affects homeowners and builders in the eastern sections of the City and, in particular, neighborhoods with waterfront properties. The task team will look at guidelines used in other cities, and will study the complicated questions related to the City's future tax base ramifications as well as the property rights issues. A mix of members is suggested to include an architect, realtor, Planning and Zoning Board member, builders/developers (2) , at-large homeowners (2) , and beach and intracoastal homeowners (3) , with relevant City staff and with other legal and design consultants serving to advise on related issues. Recommend authorization to establish a task team to study the issues related to large home compatibility, and to make proposals and recommendations for resolving the various issues. RESOLUTION NO. 84 -96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE LARGE HOME TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM; PROVIDING FOR THE APPOINTMENT THEREOF; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. WHEREAS, the City Commission recognizes the importance of citizen input in the development of recommendations for resolving certain issues; and WHEREAS, the City Commission wishes to establish a task team to examine, formulate ideas and make recommendations with respect to the issue of large home construction, including compatibility and the mitigation of any impacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That there is hereby established the LARGE HOME TASK TEAM which shall study and make recommendations to the City Commission as to the issue of large home construction and compatibility, Section 2: That the Large Home Task Team shall consist of a membership as follows: Representative Group Number of Members Builder/developer 2 Architect 1 Realtor 1 Beach/Intracoastal area homeowner 3 At-large homeowner 2 P&Z Board member ~ 10 Each member of the Commission shall appoint two (2) members to the task team with the Mayor designating the chairperson. A majority of six (6) shall constitute a quorum, Section 3: That the Large Home Task Team shall immediately pursue its assigned task with a target of accomplishing said task by June 30, 1997. Section 4: That the Large Home Task Team shall disband upon the discharge of its assigned task or by June 30, 1997, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this ____ day of , 19__ MAYOR ATTEST: City Clerk -2- Res. No. 84-96 11~._l.ll~ TO: DAVID T. HARDEN ITY )lIIANAG~. FROM: "NE O~IN . DIR#?ki DEPARTMENT OF PLANNING. ZONING SUBJECT: MEETING OF DECEMBER 3, 1996 CREATION OF A TASK TEAM TO ADDRESS THE ISSUE OF LARGE HOME COMPATIBILITY ~:::::::::::::::'::'::::i:::':::::::::::'::::':,::::::::::::::i:::::'::::::':::::::::::::::':::::::,::::::::::::'II_:.':lllglllll:::II:::.I':lgll~.~II::::::::::::::::::::':::i'i::::::::::::::::::::::::::::::.i::::':::::::::::::':i.:i::::::::::::::,::,:::',-::::.'I This item on the agenda deals with the creation of a task team to examine the "mansionization" trend, and make recommendations to mitigate its impacts. This issue was discussed at the workshop meeting of November 12, 1996, during which the Commission directed staff to develop a proposal for the formation of the team. SCOPE OF WORK: The purpose of the task team is to examine the Discussion Items outlined in the report presented to the City Commission at the workshop of November 12, 1996, and to propose recommendations (i.e., LDR amendments) for resolving those issues. TASK TEAM REPRESENTATION: This is an issue that primarily affects homeowners and home builders in the eastern sections of the City, and in particular, neighborhoods with waterfront properties. There are complicated technical and legal aspects to this problem, therefore, it is desirable to have a mix of both professional and nonprofessionals on the team. Mayor Alperin suggested that each Commissioner select two individuals to serve on the team. The following mix of members is suggested: Representative Group Number of Members Builder/developer 2 Architect 1 Realtor 1 Beach/Intracoastal area homeowner 3 At-large homeowner 2 p & Z Board member 1 City Commission Documentation Creation of "Large Home Compatibility' Task Team Page 2 Principal Planner Paul Dorling and Deputy Building Official George Diaz compiled all of the information and prepared the background report that was presented at the City Commission workshop. I would suggest that they serve on the team as the City's representatives. Also, a representative from the City Attorney's office should attend at least one of the meetings to brief team members on the Bert J. Harris Property Rights Act and its potential implications regarding this matter. Lastly, it would be helpful to have the input of Urban Design Studio, the consulting firm that developed the Town of Gulf Stream's Design Manual, and is currently working with Ocean Ridge on the same problem. I have discussed this possibility with the firm's principal, Hank Skokowski, who is available to lend his expertise to the group and also lead the team through the process. The fee for these services would be approximately $5,000, which is available in the Planning & Zoning Department's budget. I think that the participation and leadership of a neutral expert would go a long way toward minimizing the potential conflicts in addressing this difficult issue. Several people have already submitted letters expressing their interest in serving on the team. I suggest that the City Clerk's office be directed to accept letters of interest until the end of the year, and schedule the selection of the task team members for the first meeting in January. Authorize the establishment of a task team as described in this memo. s: \pla n ni\docu me\reports\cctasktm. doc I~-"'~~'-'~~f);::'::-:--E~ 1\/t:7-D-- 1\_........ ., ,'- IDEe 2:/ 1996 I . , ' r . ; en V' (,='LERK ! +~--...,...._...-...._.. ,,~.-, .,.~.__...-._-""'~ Beach Property Owners Association, Inc. P.O. Box 375 Delray Beach, Florida 33444 November 29, 1996 Mr. David Harden City Manager City Of Delray Beach Delray Beach, Florida Dear Mr. Harden: As you know I represent approximately 1100 to 1200 families in the beach area of Delray and feel we have a voice within this community. With this in mind, as the Executive Director of the Beach Property Owners Association, I ask that I be nominated to this most important task force, The Beach Property Owners Association is looking forward to working together toward a like goal. oan Baccari Executive Director cc: Jay Alperin Kevin Egan Karen Kiselewski David Randolph Kenneth Ellingsworth Diane Dominguez ~~...,rt ~~/~I>>C~ {;VI. Ie{ ~ '-p ., tl ROBERT H. BARRON NOV 1 8 1996 COASTAL MANAGEMENT AND CONSULTING 111 Periwinkle Lane, Delray Beach Florida 33444 f,ITY ~4t".. "'--,"\ PH.561-265-0395 (0),274-1902 (M) f)(J:Ir:~ November 16, 1996 Mr. David Harden, City Manager City ofDelray Beach 1 SO Northwest pt Ave. Delray Beach, Florida 33444 Dear Mr. Harden: I would like to serve on the Task Force which is being put together by the Planning Department, to review the issue of development restrictions on oceanfront properties. I am the fonner Beach Supervisor for the City and have been in business for ten years as an environmental consultant in coastal dune management. I have extensive personal knowledge of more than 300 coastal properties, the various ways with which other jurisdictions have dealt with the concerns raised in Delray Beach, and the points of view of many of those effected by the redevelopment of the coastal area. I would hope to contribute to the discussions as an interested Delray Beach property owner, with comprehensive professional understanding of the issue. Please feel free to contact me at the above address or phone. cordial1y~ ~. Robert Barron ,~.~.~~~ ".\; ,'~~ "...:.1 '. I, ,;,' _ '. .~:-J ?!\1'o ,; r;)~ G ' ... -. ':.... ~ > ~\~ ~ \5) ~ 1..0 . ,~~G. ~~ V~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME E 7;' e /'1 1.J - /-. be-. E ~~~t-Iv4-Nr (~Ecj 037 ~ ft-s T ::.ul?t UC' j)CLJ( ~ ~er+J, f 1-... :3 3 l.J'l~--- HOME ADDRESS (Street, City, Zip Code) (LEGAL RE IDENCE) PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) . '. HOME PHONE ~'78-lo 3lf BUSINESS PHONE Q 6:;: :J.;;) 83 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING l.fJ- ~ 1-1-0 m b -r ft- 5 /:. Fa 7<.. C ,;:- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS LIST AKY RELATED PROFESSIONAL CERTIFICATIONS ~~ LICENSES WHICH YOU HOLD It S fO - (t-LL I ~ n mbrnS cJ:..) I :Jf l:.- S GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION .J.,t:: c ))/kJ I'~ J-f1.) Tc;L I Ol?..~) Gu:J rUE L. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- m~Y USE F ITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. / ;((: J/-~~ 9h DATE ...~ "":1; ,r' 4/90 ./ .- . CC ~,:nJ CoW1.~ t~ ~A. ... ~ t!).r,~-(; 07# DALE N. EVERETT 1015 Vist;:; del Mar, Delray Beach, ?l. 33483 November 13, 1996 ~VI r./ry . d ~ 1.,,, J.. Mr. David Harden "'... , , Town Manager's Office ""'~' . I", City of Delray Beach ,I- Delray Beach, Fl. 33483 Dear Mr. Harden: I would like to be considered for the committee to be formed for the study of growth limits in the Beach area. Over the past 30 years, I have renovated some 20 buildings, converted a barn to a residence and most recently renova- ted a home at 142 Seabreeze in Delray. We are members of the Historic Trust and have feelings about reasonable development. resume' is enclosed with other materials my interest in Delray. Dale N. Everett encl. DNE/j _.."'-:'::"~~i ~ - - ,- , , , , . Office: 561 278 3388 H -'-, ')65 -19')8 . ome: )C! _ ~._ ,- . THE EVERETT REPORT . Volume 1, Issue 1 August 12, 1996 DELRA Y DALE EVERE1T Real Estate Broker BEACH keeps returning it seems for open Yama. Further east Littk6eklllDQ Asso., lnc. and across from the At- 900 E At/aodc A vc. #1 UPDATE excellent food and the unique lantic Plaza, the long Dekay Beach, Fl. :J348:J martini drink menu. Tmmedi- .awaited English pub, the 561278 :J:J88 ate1y to the east at the side of Blue Anchor, is setting the railroad track an appropri- standards for appearance new Dakota and next to the DELRAY BEACH ately named eatery is soon to for every new retail build- long-lived Powers, the Mu- has been acclaimed open: Hoots. Toots and Whis- ing in Town. thanks partly sicians Exchange of Ft. several times in the ties. To the west of Dakotas, to Bert Handlesman. the Lauderdale will soon be past three years in City Limits, formerly of landlord who reportedly re- opening a nightclub'restau- various magazines N.Y.C. fame, will offer Mexi- trieved the facade from a rant that may rival anything including "Boca can/Southwest cuisine. A London wrecker and north of Miami. On the Raton", "Palm block further west, next to the brought it here to be used same side, a block west, I Beach Illustrated" Back Room, the Avenue Bar by his new tenant. notice a new sign announc- and "Florida and Grill began construction Across the Intracoastal and ing the Box Lunch, which Trend" (Best Run for their 7,000 square foot directly behind may imply a take-oot for Town in Florida). my office at Wa- lunch and dinner.. Most recently, in the terway East. one Also on the north side, the April issue, "Gold of the most talked great and stately Colony, Coast" featured about new pro- usually all closed up this Delray with a ten jects has finally time of year, has instead page colored article begun to take been holding the porch that brings progress shape. The Fifth open for r.ndctai1!l each Fri- up to date. Avenue Grill day evening. It was from Most surprising, and group has pur- here that we recently perhaps of keenest chased land watched the running of the interest to full or along the Intra- Olympic torch prior to en- parttime residents. coastal for a joying another exciting are the various 7,000 square foot evening on the Avenue. restaurants that building with The other part of the news have or are about to Chicago style steakhouse. dockage. This is the East end construction open their doors And, in the same block, for has been committed as an which seems to be on sched- along the Atlantic those fond of sushi, a upscale, high end restau- ule and will hopefully be Ave. corridor. Japa11ese restauranteer , now rant to open late in 1997. completed by December. Dakotas opened in of Lake Worth. will soon Crossing the Avenue to the March next to the northside, across from the former site of Ken and Hazel's, in greatly improved surroundings, catch- ing the end of the Season and catching on fast with a very upscale crowd that <':> THE EVERETT REPORT <:> -~ <<f!~f1~4~,r;:;lfi-h2~[=!;~~~"2?2~jt}u;C1,~~_~.' }1-~:;:i~r~~l~~-~l~S.~~';~'~~":'5tt'r_-,c:~1~~1~~c?~"SJ"'~-'f~;EiJ%~~ I ~ What should this mean to i I DELRAY EAST ATLANTIC RENEWAL home prices? i .> 1! I The force that generally I BEACH and it's time to el?jc~v it! I drove real estate values for i UPDATE 25 years, inflation, is no I D longer effective. Values .... - are much more driven to- i YOU must by day by supply and de- i now be relieved mand. i by completion of Therefl1fe. given increased improvements to " demand and limited sup- East Atlantic Ave ply, the answer IS that and ]' d suggest, housing values should be you enjoy it by an increasing over the next evening walk be- several quarters and per- ginning at the new haps years. BlueAnchor. Sip If you are thinking of sell- an English pint ing, consider near time before continue- Real Estate economics as well as past ing over Federal market activity. Get for a stop at any OUTLOOK help in your planning of the many fine from an experienced shops and cafes; Real Estate Broker. One's Peter's still fea- As is evidenced hy the DelJ'(~v Beach Updateo the home is an important turesthefamous major asset. Take care' Arcade Bar, El- Otv is becomin~ well known from the Kevs toNew "" c._ .. .. woods is a unique England. The type (l business activity we're seeing Call us for Sold and use for a former here doesn't occur, e.~pecia/(v in todllY'S economy, For Sale records in fuel station and in very many other communities. your neighborhood. Powers will be for the Deln~J! downtown to maintain the new husi- here forever. , nesses, .mpport will comefrem outside. thus bringing -~ ***************** Across the street, people into De/ray. 77Iis is a/ready happenin:.: and is DALE EVERETT on a different obvious. prior to the .Season, with the Reach crowded. BROKER/OWNER scale, is Dakota's, and lines at Boston 's. and on the Via Consequellt~v. we are seein:.: stronK activity in the Littlefield and Asso.,lnc. behind, at ~ity I real estate market. Residential inventory is at an 900 E_ Atlantic Ave.#l Lights enJoy I eight year low and investment proper(v has seen the Delray Beach, Fl. 33483 nightly outdoor strof/xest interest if/ years. As WI example. two years music and fairly ago, there ivere sevc:n For .\u/e signs alone lime Otl a 561 278 3388 priced food_ single short street: Vista de/ A'lar_ Since then, ten homes have soid IV/th nOf/e availahle there tod(~v. -' . . . DALE N. EVERETT 1015 VISTA DEL MAR DELRA Y BEACH, FL, 33483 Education - Middlebury College: B.A. - Real Estate CCIM courses Real Estate Sales Experience -Licensed in Vermont in 1965 -Licensed in New Hampshire in 1968 -Licensed in Massachusetts in 1969 -Established Freeman, Everett and Co. in 1966 for Brokerage of Insurance and Real Estate -Broker/Owner of Littlefield and Associates, Inc. Real Estate Development Experience -Began Hillwinds, a 640 acre residential subdivision, at the time the largest such project in Southern Vermont, beginning in 19_68 -Developed successful subdivisions in Vermont and New Hampshire in varying sizes up to 200 acres -Completed development and sell-out of Rolling Meadows, 150 condominium units, in Londondeny, N.H., in 1976 Real Estate Management Experience -Purchased, renovated and managed apartment and commercial complexes in Vermont, New Hampshire and Massachusetts totaling over 500 units Real Estate Appraisal Experience -Formed Everett Real Estate Services, Inc. in 1977. Among the largest appraisal firms in northern New England. Sold in 1991 Other Business Experience -Developed three restaurants including the Black Rose at Fanieul Hall in Boston. -Founded Interflec, an automotive parts importing business -Owned and managed several women's service businesses, including fitness, tanning and beauty -Associated as a partner in Country Business Services, Inc. -Co-owned Voxx Communications, Inc., an international marketing company ~ . "7tJ (r7#U.ftn l': ~ /~ << Callaway & Price, Inc. I:;,r/l '-;/:-;9~ Real Estate Appraisers and Consultants Ucensecl Real Estate Brokers -WEST PALM BEACH- -FORT PIERCE_ Robert J. Callaway, MAIo SRA, CRE. Harry D. Grayo MAio SRA StCerlGen..REA RZ0000505 StCert.Gen.REA RZOOOo662 Michael R. Slade. MAl, SRAo CRE .--- -BOCA RATON_ -..... -----"'"t StCerlGen.REA RZOOOO116 . I fS 0 (? r; rn ~ :-, Daniel P. Hrabkoo MAl ,': " '; : I; .t. ,.. I ,I Daniel P. Hrabkoo MAl . .. ;". ~ n I. SlCert.Gen.REA RZOOOOO48 .~......._-.~. "-,' ,.. -'-'- I' StCerlGen.REA RZOOOOO48 . ' ./ q: J -STUART- Joe R. Pric:e, MAl, SRA - : 'I; Harry D. Grayo MAl, SRA . r"o^ I ,I I - ICl~O U ' 1 StCerlGen.REA RZOOOOS55 . '. " ')1 SlCert.Gen.REA RZOOOO662 Please ntply to west Palm Beach . -. - ~_. - --... .--.-....-1 r. . ~,........ ~ ~. -., r, ~" . . ;\i "I "-. ' ~ ~( . ,.-.- ..... 'j j ....~ November 14, 1996 The Honorable Jay Alperin CITY OF DELRA Y BEACH 100 NW 1 st Avenue Delray Beach, FL 33444 Dear Mayor Alperin: I read the Palm Beach Post article yesterday regarding the city commission appointing a panel to discuss building regulation changes that could tone down the recent trend of mansion-building in Delray Beach. I am very interested in serving on that panel. Enclosed are my qualifications. As you stated, this is a very complex issue. I live in Delray Beach and, as a real estate professional, would be glad to help, Sincerely, CALLAWAY & PRICE, INC. ~ Daniel P. Hrabko, MAl ,ttlt~~lEID) State-Certified General Appraiser RZOOOO048 ~ 96 NCl'J 2 1 \9 Enclosures ON\NG PLANNiNG & '"t ~, ,- WEST PALM BEACH - 1639 Forum Placeo Suite 50 West Palm Beach, 33401 (561)~ FAX (561)686-3705 FORT PIERCE - 505 S. Second Streeto Suite 230, Fort Pierceo FI 34950 (561~7 FAX (561)461.oaos BOCA RATON - 4400 N. Feeleral Highwayo Suite 210, Boca Raton. FL 33431 (561)998-8088 FAX (561)686-3705 STUART . 505 S. Second Street, Suite 2300 Fort Pierceo FL 34950 (561)287-3330 FAX (561)46Hl809 " .. . CALLAWAY & PRICE, INC. DANIEL P. HRABKO, MAl Dan Hrabko has been active in the real estate business since 1972, and has been associated with Callaway & Price since 1980. He became a principal of the firm in 1991. He holds the MAl designation, the highest commercial real estate appraising designation awarded by the Appraisal Institute, and is a Florida State-Certified General Appraiser (Certificate #RZOOOO048). Danis appraisal experience encompasses various types of real estate, including condominium projects and individual units; commercial and industrial properties; rental projects; single-family homes and subdivisions; Planned Unit Developments; office buildings; marinas; ranches, farms and groves; and major mixed use developments. He is qualified as an Expert Witness in Broward, Palm Beach and Martin Counties. After attending the University of Florida, and serving three years in the United States Army, Dan earned a Bachelor's degree in Business Administration at Florida Atlantic University. He then completed Graduate level courses in Research Methodology and Urban Land Use Economics. He has successfully completed many courses and seminars offered by the Appraisal Institute and the tormer Society of Real Estate Appraisers. In addition, he has taken courses given by the National Institute of Real Estate Brokers. Danis professional and community affiliations include the Appraisal Institute, the South Florida Fair (Board of Directors), and the Palm Beach County Fishing Foundation (member), and the Greater Boca Raton Chamber of Commerce (member). His past affiliations include the Delray Beach Board of Realtors and Chamber of Commerce, Stuart Board of Realtors and Chamber of Commerce, and the Martin County Economic Council. CALLAWAY & PRICE, INC. QUALIFICATIONS - DANIEL P. HRABKO. MAl Professional Designations\licenses\Certifications Member, Appraisal Institute, MAl Designation #8599 Florida State-Certified General Real Estate Appraiser RZOOOO048 Florida Real Estate Broker Professional Experience Callaway & Price, Inc" Boca Raton, Principal, since April, 1992 Callaway & Price, Inc., Manager, Principal, 1988 - 1992 Callaway & Price, Inc., Fee Appraiser, 1980 - 1988 Fee Appraiser, Fort Lauderdale, Florida, 1978 - 1980 Realtor, Delray Beach, Florida, 1973 - 1978 Qualified As An Expert Witness Broward County, Florida Palm Beach County, Florida Martin County, Florida . Geographic Experience Throughout Florida North Carolina Throughout the Caribbean Education Bachelor of Business Administration, Florida Atlantic University Florida Atlantic University Graduate Level Courses: Research Methodology Urban Land Use Economics National Institute of Real Estate Brokers: Courses I and II - Income and Investment Analysis Society of Real Estate Appraisers: Course 101 - Introduction to Real Estate Appraising American Institute of Real Estate Appraisers: Course I-B - Capitalization Theory and Techniques Case Studies in Real Estate Valuation and Valuation Analysis and Report Writing Standards of Professional Practice Real Estate Investment Analysis CALLAWAY & PRICE, INC. QUALIFICATIONS - DANIEL P. HRABKO. MAl - Continued Education - Continued Completed numerous seminars sponsored by the Appraisal Institute, Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers Organizations and Affiliations Appraisal Institute, Member South Florida Fair, Director Palm Beach County Fishing Foundation, Member Greater Boca Raton Chamber of Commerce, Member Greater Fort Lauderdale Board of Realtors, Member Appraisal Institute. Regional Ethics and Counseling Panel, Member - ~ - -- .~ -~- . - I AO. 3044346 . STATE OF FLORIDA OEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTAT~ APPRAISAL SD . . . t2/07/Q4 ~EoC%~IbWED C"ENERAl AP~RAISEi.. UNDER THE PRO"'gIO~Wg&PTER 475 F.S., FOR THE YEAR . EX~ffiNG NOV 30, 1996 I .. , HRABKSt DR~IEL P 6405 ~~G SS AVE 100 BOCA R ON FL 33487 ~{d;( LAWTON CHILES DISPLAY IN A CONSPIOUOUS P1.ACE =j GOVEftHOR - CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~/J ;. 1:--1. 3 35/C3, ) 1&4- PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) .. HOME PHONE d 7 g. 3 P 5' C::> BUSINESS PHONE ON WHAT iOt~S ARE YOU INTERESTED IN SERVING ---r-: _ b'- fJ /;'#' ~~' , I /~ r~c::.-E- t--L : /~d.A;>('? /~ , f'-d~ .. /' I~.:_ kC)~' dc-, " ' LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS 1?,4 // Pc" L.J"i:t2: . LIST Ah~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD - ?/// ~~~/ /(--<'-<~---<j.-/ ~ J~<V/( /J(':/v<:.- /J GIVE YOUR PRESENT. OR ~O~T RECE~T E~LOYE~, AND POSITION , J . do -:-~ ~.. ./ j-; ;i ~ / t/ 'h<J<-~ I - t /~.--<- ~~~~~ ~~~~~~~;LSfR~~0-QUALIFY YOU TO ~ERVE ON .THIS r{~~--?- O'~ J.:j~ '~<-~ '-' , '-c;~~, LA~e Ld",_ /? V/L4.. J f ~ ~ / , .' / .. " \ . ~~ V J?J~~ "'cfi~~-}1'- IS /h~~J)h~) __ ' r.. /)-:>~"-?U-:7' (j S'S" ~//J<;4' rt7Z.LL, 2~/<z..t~ .~-:S~-c-.I- t~~-?1---....AJ PL~E ATTA~H A BRIEF RESUMF.ftMA.~~~IJ?, j)--t~D,. ) I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND 7 UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. v0<< 'ii/?~<jJ II /;;s /76, SIG A URE / D~E 4/90 Venture Concepts International, Incorporated -........-, November 14, 1996 Mrs. Diane Dominguez City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Fl. 33444 Dear Mrs. Dominguez: In response to your request for application to be made for appointment to the Task Team which shall deal with the "Compatibility of the Large Homes" issue that was raised at the Commission Workshop meeting on Tuesday, November 12, 1996, I respectively request you consider my name for appointment. I have extensive experience dealing with, and the implementation of building code criteria in Boca Raton. Gulf Stream. Ocean Ridge, and Palm Beach. In my opinion. the appointees of this Task Team should meet one or more of the following criteria: l. Have experience with building large homes, 2. Have a vested interest in the property effected area, 3. Knowledge of the real estate market, 4. Be experienced with any legal ramifications 5. Have an architectural background, 6. Be concerned with the city's tax base, just to name a few. If appointed, I would reserve my specific suggestions for the convening of the Task Team, however generally speaking, the ultimate decision should take into consideration the private property rights, the fact that the city is at nearly 100% built out; and redevelopment is a crucial denominator for increasing the tax base. Any change that is considered should be adopted on a date far enough in advance so as to allow effected property owners ample time to become educated regarding the merits of the proposed change. (i.e.) adopted June 1997 and goes into effect June 1998. Strong consideration should be given to neighbors abutting already existing "Large Homes." I am eager to get to work on these most important issues and to do so in a constructive environment. Should you need further infonnation on my background, my resume is on file with Barbara Garrito. Sincerely, t71~ f. <f'~~ ,~ 't. ~,'~. \ \\ -(\ <:"'-:',':, \\. .... \\:. ~~ Frank E. McKinney <<' . ,; '..;. 1.;.-" ~.- If'' \..:";'~ ~\\ ", J' _.-i~ ~<~';. \.:::..;)' ''\ . '. . I.... FEM:cjl \, ...!'. r. ,>\."" \.!k\'} , .~' .\,," '. J \- ... , ~ '\ /r,\~' ... ..~~'.:: ~. ~~) ~.. C,'" \,\ .'. . \\-'~~..... ,\ -..... ~V..,., --..,,~.->. 72 Southeast 6th Avenue · Delray Beach, Florida 33483-5314, U.S.A. Telephone 407.274.9696 · Fax 407.274.0850 11:42A Vsnturs Concspts Int 407-274-0850 P.Ol .Jan-25-96 Abbreviated resume reprint.ed with pet'mifisjon.. . ~Q)~~ Pranll. E. Me" i nJIt~y 72 S. E. 6th AVC!l\ue Delt'ay Beach, Florida 33483-5316 407.274.9696 BUGines& Experience: 5/19/86 - Present Pounder, Chiof Executive Officer 1;1 Prfl5;dent of Venture Concepts Int.er-n&tional, Inc. A hlghly successful re81 estate acr4uisition & rft-development firm which han bought on fOi'ec.ulation, thp.J\ restored or bu il t 80 residential land cummorcial prop~rLiQs in Pa hI Beach County, Florida. Focus is residential, luxury oceanfront estates and commercial restoration and re-deve)opment. VCl has comploted oV~r 10 million dollars wort.h of p'C'ojects and has another 15 million 1n prolress at t. he tim<l of printing. Very successful at turning around ~ntire communities through the gentrification of bl l.ghted and dil~pidatQd propertias, 10/1/91 - Presf!nt Pounder. Chililf f,xecutivo Offic~r &. President of Historic Executive Suites of Delt'ay, Inc. A four building, executive:! suite eomplex located in the Central BUEl.iness District. of downtown Dclray Beach. HESOD has maintained nearly 100% occupancy sinc~ it.s opening in October of 1992. Florida . s on 1)' historic office p... rk . 2/5/90 - Present Founder, Chi",! EXQcutivEl Officer & PresidGnt of Investment Equity Financial Corporation. A real ostate holdine 41nd construction company. 12/10/93- Pr"sent Co-Pounder 1;1 Prcui dent of r~uxury Home Mortgage Internationa.l, Inc. A licensed mOJ'tsal8 brokQragQ butinp-S15 broker-inK loana prim3rily on homes with values in excess of on(' m.ilJion dolJar~. 1./11/82 - S/19/86 Pounder and IHrllctor of '!onnia for the Professional Tennis Service. Successfully implemented tennis p J'08 rams in communities . . whera they did not exist.. At peak had seven clubs and ten pros under diroctJ.on. - - If ++ V .' A/"l ({- 4 l3a rhCt Jan-25-96 11:43A V&ntur& Concepts Int 407-274-0850 P.02 - . . Organit.ations & Boards (Past & Present): - Pounder & Director. Young EntrepreneuriaJ Society, May, 1986 until June, 1990. Nation311y known support and flt'tworkina organi~ation for youns entrtlproeneur-s in South Plorida. - Chai rDlan. Via,ions 2005. Delray 8<'lach. Augu~t., 1993 - Present. Quasi-sov.rnmental group appointed to bring forth consensuS buildina .aenda topics for a (\:ity ~ide plarlniug retreat which focused on invo1vina 100 polIcy makers l.n Palm 8each County. - Co-Chairman, Delra, Beach Yout.h Council, Apd J 1994 - Present. Help found a 50 member Youth Council and 12 lumber Executive Board to . tho nEleds of our youth WAre bfling 2n5ur8 addressed at all levels of sovar-nmental planni.ng stage,.. Obtained a " VOiCA and a vote for our youth". - Director, S~ndoway House Nature Center, Inc. Foundina Board of Directors Member. InltrumentB1 in foundjng this non- profit entity that is to provide leadership and support fot' Elstabljsh.ing a Natur.. Center in th.. Historic Sandoway House now owned by Palm Beach County. 'rhe prImary focus of the Nature Center will be to offer educatjonol programs in environmental science and local co/utal history. - Director, Ci t.y of Delroy Beach Chamber of Commerce Board of Directors. Oacember, 1993 - Present. - Director, BJue Ribbon Task Force, c'it.y of DeJray Baath (Mayoral appointp'Q pOGition) December, 1990 ~ Present. - Director, ~ominatin8 6& Draftina Commjr.tp.p. for "All Amp.rjcan C~ty", City of Delra)' Beach application. R e pre S e n t :1 t i. () n at AAC - Urban r.eague conference in Tampa 1 n May of 1993. .tenure from May 1992 t:o May 1993. City ~on t h; :; moat presti&ious award in May of 1993. - Founder & Past President, Bankers now Homeowners Association. January. J991 - April. 1993 - Chairman, Public Improvements Committee. Pineapple Support Group, City of Delray Beach, January, J989 - December 1992 Major BU$iness Award, & Recogniti.on: - Winner. "Small Business Person Of 'fhe Y~ar AW4Td", for the City of Delray Beach in 1994. It. moat pt'CU t i g i.ous a W Ii t. cl , Provioual)' nominated in 1991. ]992 6& 1993. o. - Winner, "Business RGcognition Award", City of Delray Be3ch Chamber of CommQrca. 1993 for " outstanding investment in Oelra)' Beach". - 11:43A Venture Concspts Int 407-274-0850 P.03 Jan-25-96 . . . - Winner, "Best Redevelopment Project for 199201 by the Site Plan Review & Appearance Board and the Mayor of Delray Beach fot' t.he Historic Executive Suites of Del ray Beach. - WInner.. "Community RedevoJopmcnt Asency Award" by the eRA. 1991. for t~juvenation of Bankt'rlil Row. - NominatC!d. "Entrepreneur of the YG3t"" for entit'e United States by f.rnst: & Youna. Me~riJJ Lynch and T i 1'11(" magad ne i n 1989. 1990, 1991 & 1992. Other Mi lestoru.'s & Achiovemeonts: - Guest [,ecturer, Plorida Atlantic UnivGrl;ity. Graduate level elass "Businf.sS Ownership & F.ntrp.pren~ursbip " Spring on . semester. 1992 - PrequElnt Speaker, Lake Worth HiSh School, "Entrepreneurship in America " claises. Junior and Senior level. - Featured on three seperate occasions on t.he "South Florida Business Report". A weekly, 30 minute business mllgazine .how which aira in Palm Beach County. - featured in numerous maaa~ines and nQwspapor article!i for buaines5 achievements and en t. rElp~enQut" i ;.1.1 insight (see attachGd) . - Hosted major fundroitier for Old School SquarF,! in DfJ 1 ray Beach in Septenlber, 1995 - Guest "Miami Vice " 1986, "Invasion USA" 1985, appoarance. "Iris AckQr Show " 1985 , ... Ranked .'12 in tennis . the State of Plorioa in Men . Opon jn ,. slnsles at the end of 1993 and Ij 13 in 1994. Still playillg professional tennis tournament.$ . Special Interests: Tennis, Youth, God & Famil)' Special Note: Educational experience was intentionally omitted. Collego l<fa!i never attended nor was any form of formal "hJsher educati.on \I pursued. Chose to move immediately into the work force at ~g(: eiahteen. All accomplishments mentioned :aboVG havQ comc~ from and been buill upon a handfl on, dedicated work ethic. Involved 'and learned from Q'tpcrti in theil' respectiv~ fields than applied au innat.e! "nt rQpt"en€1urioJ avproach lo busint'!is and aUCCIl$s. .. . '~_..~e""'.ee......... . . __ e.. . . ... .. .. . - .. - - - - .. ~ . . .. .. . .. . . . . . - - . . . , ... ... . . . . - . . . ... .. , ... ~ .. I. .......,.... . .. . -- . z .M" BE:b:Cfi" ridst .. ..." # ...,' "" , " . ... - . MONDAY, FEBRUARY 26, 1996" . . ~ . ... 4 ., . . , USI SS ~ - . .- . FROM RICHES . .. TO RAGS? It ~ ~. j I .~. ..-.......... With his family, . " , -- -. '-'--. ,. he should be in banking. , With his wardrobe, he should be in'rock 'n' roll. And with his two unsold multimillion-dollar mansions, Delray developer Frank McKinney should be getting nervous. So why is this ex-underwear model still smiling? PAGE 12 t-. t ; . ~ I '.': , ; _' t' .' -..... '., , . . ., ." t . . --, - - -. -.- ... .. - - - . - eo' _ _.. _.. . _ _ _. _ _... _. _ _ _ _" _. __ _ _ .,. _ ... _ _ _. -.... --:. '"HE PALM BEACH POST FEBRUARY 26,1996 . REAL ESTATE - He ~ modeled underwear, pilfered wine ceUars, dug sand traps and done bit parts on 'Miami Vice.' Thenformer boarding-school bad boy Frank McKinney started _feeding the homeless and building waterfront homes in Delray Beach. Now he s gambling it aU on two multimillion- doUar chateaux that 108 SHANLfY /STAFF FILE PHOTO Developer Frank McKinney at the pool overlooking the beach behind his oChateau O'Amoureux.' If could take him... the $5.8 million home dOesn't sell in the next 13 months, he says. OWe'II run out of money.' Frolll riches to rags DELRAY BEACH - Looking at the dirt that's being And if they don't? c:leared to build one of the state's biggest and most "If the Chateau doesn't seD in the life of this project (13 expeusive spec homeso developer Frank McKinney months)o" said McKinney, watching the workers on the undentands the multimillion-dollar project wiD mark a lite, "we'll run out of money." milestOlle in his career and personal life. Randy Elyo a broker in Delray Beach who is At 32, the man who's known for his golden mane and McKinney's listing agent for both houses, says the his even deeper tan has emerged as a ~or presence oceanfront market is strong. IIong De1ray Beach's oceanfront, a force or changes that "The buyers are out there," EIy said, adding that the have brought some de!3ee of controversy. La Marceaux would get even more attention because His project - the ,OOO-square-foot French-styled La "some people just like to have the bipest house in the Marceaux, which should be on the market for $12 million n~borhood and make a statement. ' by the end of next year - is seen as a symbol of how he's . e Chateau has already attracted its share of the rich transforming the historic, tranquil nature of the oceanfront and famous, Young Coca-Cola heirs Michael and Bonnie estates into a haven of the rich and famous. Bird toured the house before deciding to build their own A lCIied-down versiono the 120000-square-foot Chateau next door, McKinney said. Bruce Willis and Demi Moore D'Amoureux, is just a few blocks down. It was on the also saw it, as well as sint: Rod Stewart and wife Rachel market at $6 million for more than a year before he hired a Hunter. and disco queen nna Summer. DeW listing ~t and cut the asking price to $5.8 million. Others familiar with the oceanfront market arenOt so The two uses are miles - and classes - removed certain McKinney's finished properties will readily appeal from the Northwood District homes in West Palm Beach to those with enough moner. to buy them. where McKinney first started out in the late 198050 or the "It's interesting how he s pushing real estate the way ones along Bankers Row in De1ray Beach - homes with he likes it," Bill Kocho a Boca Raton broker, said of the ftIues that are hardly a fraction of those on the luxury speculative construction, which is unusual in the . oceanfront corridor. oceanfront market. "But when you build something thatOs a WbatOs at stake in these two homes? The accumulated little different, it takes more time to find somebody to want profits from 77 properties McKinney has bought, that something different." . renovated and resold in Palm Beach Coun~ Since March, McKinney said repeatedly heos close to Of the $9 million in construction costs, cKinney says selling, but still hasn't. Yet he's not showing any signs of 55.4 million will be his own money. nervousness. H they do seIIo McKinney would be a huge success in "I have no guarantee other than how I feel about the the ocanfront business. project and the strength of the project," McKinney said. .., I- . ,. . Story byU:.tus ,Chua . . . . . .. . . . ". . f........... . ........ . .. ; , ~..' ~ r ~; : ~ l . . THe: PALM BEACH POST FEBRUARY; REAL ESTATE I check. A simple ~hyo but one ! Winning che~ that has no c10ubt been cultivated Sunday in A' f through years of handling compli._ The Palm & cated issues in his career md his persona1life. His personality - a complicat- ed mix of shrewd business in- stincts IIId social consciousness - his won him praise and aiti- cism at the same time. As a entrepreneur, McKin. ney's flamboyant, rock star image defies every business dress code. He'll wear slick desi~er suits - Q Apply By and muddy construction boots. He cultivates this image and U USU~ S; seems keenly aware of what peG- Credit Apl pie expect from him. It's a skill which his won him multiple flat. Q Quick 00 terinL reports in the local media. ::J No Incom " ,you want the Frank Me.. Kinney rags-to-riches story?" be Verificatic laughed when be was approached Q U'p To 9S~ for this profile. In calculated detaiJo he recites Fmancing the tale of a rebellious 19-year-old who left his Indianapolis home and 30 Year Fixed his troubled teenage years with only a $50 bill, and how he climbed 7.25% mSQyupm~g~d~sin 1M[ MlM BEACH POST/lteO F,L( PHOTO ~If courses, playing small parts on McKinney and his w1feo NlIsao in the courtyard of a 1925 Samuel Odgren houseo one of many histor. 737 API iami Vice and in movieso model- Ie Defray Beach homes he refurbished. Now many Cl'ftics accuse him otrtuming the historic, tranquil ing for underwear advertisements nature of the oceanfront estates into an overtluilt haven of the rich and famous. 1-800-9. and coaching tennis. MeKinney may weD be a self- as' attomet Johnny Cochran, ac. terest in running for public office. we implied no promises other than WEBB M' made success. But it's hardly a cording to ndiana media reports. Last weeko he said he filed an we had great plans for that place." Horatio ~. Tobiaso who eventually won application to be a board member In Delray Beacho McKinney "Ucertsed Altg 81 Frank McKinney m half the estate, last year married of the city's Community Redevel. has also been aiticized for labeling I .....r-s - also known as Mick or Mickey Randall Tobias. cbainnan and chief opment Agency - a post that himself a preservationist and at WlIboI; - QS the oldest of six children executive of Eli Lilly & Co., a would give him the authority to the same time building huge man- who grew up in an Inmana banking pharmaceutical giant based in Inm- further change the city. lions that arenOt in line with the dynasty. anapolis. Two weeks &goo McKinney area's mstoric character. At La ~ The family', patriarcho McKin- According to court documents was also chosen to carry the Marceaux, he sold a mstoric house ney's grandfather, QS a fonner and pUblished reportso the mspute Olympic torch for one kilometer that was moved from the property, Demoaatie National Committee gave McKinney and his SIblings - a role reserved only for com- But he is decidely free-market chainnano a confidant to several each $2100000 In a lump-sum pay. munity heroes. on this. U.S. presidentso md the founder of ment as weD as income from each McKinney makes weekly trips "Land prices have changed and Indiana's biggest bank. of their $9400000 trust funds. through Delray Beach's alleys to the character of the oceanfront has The legacy QS handed to Mc- McKinney was going to use feed the homeless with friends, an changed," he said. That gives Stock Qu Kinney's father, an 1960 Olympic the money to bid on five failed act McKinney describes as "a call. rights to the person able to pay the Financial Cld medalist swimmer who trans- savings and loans in Indiana, a ing from God." McKinney says highest price for the best use of ormed the family bank into a venture he later abandoned. religion plays an important role in the ~roperty. _ Cal511and...... F $4 billion business by the time it "I realized I deviating from his lifeo and he attends mass at the 'There's a lot of peer envy lor se.dch. 1lw., merged with Omo's Banc One in what r knew best," he said. St. Vincent Catholic Church with that goes around," he said of ms quoit (J'll" - '"""" 1986. McKinney clearly defied ms ms wifeo N'a1sa. each Sunday. aitics. or h '- iNIndio Such a privileged upbringing father from ms teenage years. Alter more than 15 years, Mc- Michael Weinero a Delray od MIY 15-20..... Enlwh..Wc could cultivate, for just about any- When he was at a boarding school Kinney remains in constant con- Beach attorney and a motorcycle ~ """"'.... oneo a keen business sense and at the Holy Cross Abbey in CIII- tact with Brother David Downey buddy who faced similar aiticism 2052 /IND. the wit md charm to bandle the ton City, Colo., he ~ed ab?ut from the Holy Cross Abbey in for ms work alo~winton Ave- world of commerce. ow he would break Into WUle Colorado. The Benedictine monk nue, defended M . ney. 1M2 Today'. But McKinney maintains ms ceDars to steal wine - or sneak off has been a mentor to his religious ''No one makes things happen 2006 land ~ achievements in Florida are his to buy booze for ms friends for a md personal life. without controversy," Weiner 2036 K.y Ie alone. profit. He's also superstitious. He said. "If you slow down so much 20" ....., 2021 c-. " was a teenager when I At fImily gatheringso be re- buries inverted statues of 5t. Jo- you're attempting to please 100 2071 u.S. D moved here," McKinney said. His called, he and ms father would seph in front of homes in the hope percent of the population, you're .u Dow J family provided "maybe a little bit break into arguments within five- they will &en quickly - a practice not ~g to achieve anything." 2056 HASt of mentorshipo but I was lairfy minute conversations. he openly encourages friends to t makes McKinney so 2051 NI'SE independent from a very young "Yet, iDSide I'm a lot like do. complicated is the uneasy mix of ~ 12 fftant .,e." him," be said, adding tha.t he wish- Howevero McKinney can also images: a 80Cial conscienceo a 206' f'NciO McKinney's leadership quali- es ms father could see hIS success be a tough businessman. show-biz exterior, shrewd busi. 2031 ~ ties and ms drive - much like ms today He recentJy bought a piece of ness tactics, and more than a hint 2066 SlId father's and It'Indfather's - lire Like his father and grandfa- ~.e mstoric Sundy Estates, prom- of self-promotion. perhaps most prominentJy ms- ther, McKinney says, he plan~ to ISUIg te~ts, h~ wouldn't raise Even McKinney says he's a .. ,...".. .... played when he led his five sib- make an impact in ms communi!}'. ren~ and Indicating he had plans tou~ one to aack. 9101 LocoI Mo lings in a fierce legal 6$ht against Delray Beach's cornm,unlty to unprove the apartment com- 9106 New Cor leaders spoke highly of McKinney p1ex. Jns~ead, he turned around 'You can't get a direct an. "26 WIT' their stepmothero Mananne WaI. swer," McKinney saido "when you Iiams McKinney, now Marianne and ms efforts in programs to get and sold It, a move that angered ask an entrepreneur what he SI1 '-... Tobias, after his father med in a youths involved in the city. teJ:lants because the new owner does." t:t..,....,..... plane aash three years ago. "I consider him one of ass~ts evicted them. . caI 1n-31 At the peak of the courtroom of De1ray Beacho" said Jay A1penn. ,McKinney SlId he sympathizes . ",105__ s.: battle for a share of the $32 million the city commissio~er who's run.. b'th those who. were ~~~laced. St4ff rrsearcher Dmk Willis ........1Iw.... estateo there were as my as 22 ning for mayor. . ut he also stresSed that I m not lawyers involved, including Tobi- McKinney also expressed In' 1II0ther fonn of welfare eitbero and toIItributed to this story. . . - . - - . - .. ~- --.-- .... -.- -- -.--.-.-- or _ ; _ I 1 f'y' CF' DELRAY BEAC.H 02? P02 OCT 15 '96 10: 40 I " IW1E , ~ CJ-~~ ...c..;. I . AI. TH! ABOYE STATEMENTS AlE TJtU~. J I AGUE AND ST TEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- l1 U'ON MY PART OF ANY APP01NtKENT 1 HAY ltC~lVl, ~ 4/90 " A. ABODE BUILDING vONSULTANTS and INSPECTION CORPORATION . HOMES - BUILDINGS - CONDOS Financial Security Building Single: 495 N.E. 4th Street P.O. Bos: 2601 Family: Condo: Delray Beach, Florida 33447 Building: "Pre-Purchase Inspection" Town House: Inspecting Since 1978 Villa: To Whom It May Concern: The following contains the qualifications of Mr. Albert McNamara of A Abode Building and Consulting Corporation, 'nc. All inspectors employed by A Abode Building and Inspection Corporation, Inc. have a minimum of 18 years experience in the building field as well as five plus years inspection properties of all sizes and designs. Albert McNamara is a licensed A.B.C. builder in the stated of Massachusetts and has formerly held building licences in Florida, Tennessee, Mississippi and Ohio as well as the Virgin Islands. Mr. McNamara has been in the construction field for over 30 years and has actively participated in all phases of construction from laborer, carpenter, job superintendent, general superintendent and project manager prio~ to becoming a builder/ developer. During this period he has actively performed bui.lding inspections on commercial and residential properties ranging in all sizes. Mr. McNamara is a current member of the American Society of Home Inspectors and has served as President of the New England Chapters and as a National Director of the American Society of Home Inspectors. He also maintains membership in the National Association of Home Inspectors. He is a member of the Massachusetts Condo Association and has acted as a judge for the Association Awards Committee in 1988, 1989 and 1990. In addition to active membership in these associations, Mr. McNamara has and continues to service as a legal expert witness for many legal firms in Massachusetts and Florida regarding construction matters. Mr. McNamara is a former Owner/President of a construction company that performed industrial and commercial remodeling for schools, colleges, institutions and commercial acc9unts for 18 years. Mr. McNamara has an extensive background of 30 years in the field of remodeling, restoration, shoring and demolition of all types of buildings and structures. In addition, he has a family background and history in the foundation and concrete construction fields of multi-level developments and high rise office buildings. He is a former Vice President of the construction division of Holiday Inn and in charge of the entire East coast field operation for several years. Mr. McNamara has served as a consultant to numerous real estate management firms in the field of corrective maintenance, inspection and up keep. He has served as a director of the PALM BEACH BROWARD & DADE 407-272-8544 305-522-1777 407-835-1557 Fax 407-272-0022 A. ABODE BUILDING CONSULTANTS and INSPECTION CORPORATION . HOMES - BUILDINGS - CONDOS Financial Security Building Single: .95 N.E, 4th Street P.O. Bolt 2601 Family: Delray Beach, F10rida 33447 Condo: - Building: "Pre.PurchQ$e Inspection" Town House: Inspecting Since 1978 Villa: Watertown, MA Economic Development Corporation for 10 years. EDUCATION: Boston College BS,BA North Eastern University - Civil Engineering Numerous Trade Seminars (Building and Property Management) Trade Apprentice and Tradesman Courses ASSOCIATIONS AND ORGANIZATIONS: Association of General Contractors Waterway and Dock .Builder Association Shoring and Jacking Contractor of America American Society of Home Inspectors National Association of Home Inspectors The Society for Professional Real Estate Inspectors The National Ready-Mix Association of America American Arbitration Association American Environmental Testing Association UNION AND TRADE BACKGROUND: Union Carpenter (Tradesman) Union Mason (Tradesman) Union Millwright (Tradesman) Union Pile Drivers, Bridge Builder and Dock Builder (Tradesman) Extensive Background in Concrete Construction and Concrete Restoration Court Expert Witness EMPLOYEE REQUIREMENTS AND STANDARDS _All A Abode employees are all tested and documentep in the construction field and inspection field. All inspectors and/or consultants are professional certified inspectors offering over 20 plus years of construction kno~ledge and background to the client in a professional manner servicing RESIDENTIAL, ESTATES, COMMERCIAL AND INDUSTRIAL PROPERTIES. Work is performed at all times for the Buyers best interest with no conflict of interest. We inspect only. Residential Since 1978 Offices: Boston MA Commercial and Southern Florida ~\\""""'J; Building ABODB _~ Consutting 5' '5 and ... ... Members: American Society ,\.J Inspection of Home Inspectors ~"llIm'\\\~ Service PALM BEACH BROWARD & DADE 407-272-8544 305.522-1777 407 -835-1557 Fax 407-272-0022 ~ . . ABODE 1995 · For Buildings, Homes & Condominiums. · Pre-Purchase Inspection . Building Consulting & Inspection Service . Boca Pompano. Coral Springs Wellingtcn . Lk. Worth. Delri!)' Forllauderdale P I B h (Members: American Society of Home Inspectors) -e (407) 272-8544 (305) 522.17n (407)835~1S57 1995 CALENDAR . - [1) Hollywood · Bal Harbour · Surfside . Avenlura ILL HOME INSPEnORS RIE HOT lUKE I No. Miami Beach. (305) 947-0223. Miramar 1-80f)-206-5'877 24 Hour Service 7 Days a Week ---- . --- -- The best pool safeguard . -' . IS . . . you A round Forest Hill Boulevard just near-drownings. Those may be even more east of Wellington, a large, light- Drownings are down since difficult to deal with since at least there is blue billboard warns, "Around wa- closure with death. They are also very ter, big eyes save little lives," 1994's child-proofing raw expensive. As drowning prevention strategies go, was passed, but nothing The brain requires oxygen. The brain it's the best. The usual reason kids die in of a child under water gets no oxygen. Florida pools and ponds is human error. works like supervision. Remember 16-month-old Tylor Crotteau. Now is the dangerous season. Days are who fell into his grandmother's Royal Palm longer and hotter. Children are naturally he says. "A fence costs $500 to $1,000." Beach pool last July? Physicians said he drawn to water. Swimming lessons aren't was in a persistent vegetative state, but his fail-safe and can create a false sense of Lori Thompson issues the same warn- mother refused to disconnect life support. security, ing. lIer 19-month-old daughter Ashley Medicaid - taxpayers - paid many of his We do seem to be crept unnoticed from their Loxahatchee expenses. doing better. The to- home last June and drowned in a backyard Or consider the tragic case of 3-year- tal number of drown- pond. Ashley had been taught not to go old Chad Aldrich Eaton, who tumbled into (l ings, 34 in 1992 and near water without an adult. It wasn't North Palm Beach pool 23 years ago. FOI 46 in 19930 was down enough. And Mrs. Thompson thinks many 21 years, until he died last year, taxpayen to 21 last year. parents simply can't grasp the idea that supported his costly care in a home fOJ A Palm Beach such tragedy could strike them. severely retarded children run by the County "child-proof- "l1lere are a lot - a lot - of families Florida Department of Health and Rehabili. ing law" passed in with children moving into our area," she tative Services. 1994 may have says. "But since our daughter's accident, "He had to be fed intravenously," saYf helped. Its require- only one pond has been fenced, I drive Chad's grandmother Shirley Aldrich. '" FRAN ments, from door around and look." just want to say to people in this situation latches to fences, ap- The Forest Hill billboard is a joint effort 'Let 'em go.' " HATHAWAY ply only in unincorpo- by the county's fire-rescue department, These calamities can be prevented. Car rated parts of the the safety council and the health depart- Ms. Wohlford-Parham at the health depart county and to new ment to raise awareness. ment for infonnation. Call Susan Clark a. pools and spas. But Andy Spilos calls it a "May is Drowning Prevention Month, the Palm Beach County chapter of th( start. Six years ago, his daughter Alexandra and we want to convince people there's no American Red Cross. Learn CPR - car fell into the family pool in Wellington and single strategy that works," says Suzy diopulmonary resuscitation. It can redu.cl suffered brain damage. Wohlford-Parham, who directs the health the extent of brain damage as well as saVl "She's been home with us five years department's injury prevention program. lives. . this month," Mr. Spilos says. He suggests Supervising children near water, she Most of all, if you're caring for childien that people who hesitate to spend money warns, means eye contact - knowing watch 'em like a hawk. .' on fencing should consider the aitema- exactly where kids arc in relation to the . tives. His daughter lived, But she needs water, A child asleep on a couch one 24-holJr care plus physical therapists. "Her second can be out the door the next. Fran Hathaway is an editorial writer 10 medical expenses total about $2 million," And for every drowning, there are 10 The Palm Beach Post. . . I I , No. I and Recommended by Attorneys ABODE . I and the Professional Realtors Be Sales Associates OFFICES: BOSTON. MA AND SOUTHERN FLORIDA , Residential · Estate · Commercial · Industrial 1-800-206-5877 . BUil!!~!!O~NiCe . · For Buildings, Homes & Condominiums · · Pre-Purchase Inspection · Boca . Del/av rompano . Coral SP/lngs Weml'l91cn (407) 272.8544 Fort Laude/dale Palm Beaches Fax (407) 272..0022 (407) 835.1557 (Members: American Society otHome Ins/?ectors). . Hollywood · Bal Harbour · Surfside · Avenlura 1994 CALENDAR ' ' No. Miami Beach. (305) 947-0223. Miramar RLL 80",E INSPECTORS RRE NOT RlIHE 24 Hour Service 7 Days a Week , , . . . . . . ~'\'''''~III". . 24 .. HOUR MEMBER: AMERICAN SOCIETY OF HOME INSPECTORS ~ .) SERVICE I NO CONFLICT OF INTEREST . I . . ~I""~.+~ CONSULTANTS TO ATTORNEYS AND BANKING INSTITUTIONS . · BANKRUPTCIES AND FORECLOS~RES .. . . " 0 · LANDLORD/TENANT DISPU1ES . '. · FAMILY ESTATE SETTLEMENT · DIVORCE SETTLEMENT .. . '. COURT EXPERT WITNESS · REALTOR & BANK EVALUATIONS OF PROPERTIES · CONDOMINIUM ASSOCIATIONS EVALUATIONS · 1CONSTRUCTION EVALUATION OF NEW CONSTRUCTION · CONSTRUCTION COST ESTIMATES · PRE-PURCHASE INSPECTION OF BUilDINGS' & HOMES · COST SURVEY SERVING 40 MILE RADIUS OF THE · INDUSTRIAL INSPECTIONS · RADIO DISPATCHED PALM BEACHES · DISPUTE RESOWTION .. EXPERT WITNESS · MAINTENANCE RECOMMENDATIONS · ALL INSPECTIONS PERFORMED BY PROFESSIONAL BUILDERS · COMPLETE WRITTEN REPORT WITHIN 24 HOURS VIA FAX · SERVING BUYERS AND SELLERS OF RESIDENTIAL AND COMMERCIAL PROPERTIES _. .. No. I and Recommended bY Attorneys and ABODE . the Professional Realtors & Sales Associates Since 1913 Residential · Estate · Commercial · Industrial i- ~ CITY OF DELRAY BEACH . BOARD ~~ER APPLICATION . J t a g3Ytf3, i ) . ; 1//,4- PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) . ~ , ~ ROME nONE d 7K'~Y7'~ BUSINESS PHONE .- . ON WBAr. lo..\GS ARE YOU INTERESTED IN SERVING . -,-- ~ Fc/Z.C-~ AA-: ~ r~ v1d~ I ~ L.- h c)---.:- . - r -e.A.., /' LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUcmONAL QUALIFICATIONS. 7t.A j/7>"7J~~7lJ' LIST ~~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~ICH YOU HOLD -/ 6h~ ~"';~-<-b ... GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND PO ITION ~~O~- 2t=~-"-'--'Jr /75H ~tJ-.Y~) DIS --IBE I~~~LS ~R KN~CH ~UALIFY YOU TO SERVI 'ON THIS~';'-<- BOAllD- '- ~. ?- ~~ / ~ /7//~~. LA~Zdp.-/?/~, /JJ~ "CJff~~j~.h?~)~ ~~ '/r- . /r -..<!",,-' C;~S 7PsR r<7'UL' 7~~ d ~- ~~ ,/ ~ )/hv ~ PLEASE ATTACH A BRIIF PJ.SUKE."((!kAA<~~_j.~. 7J~Dv) ) I REllEBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDElSIAND THAT ANY MISSTATEMENt OF MAtERIAL FACTS CONTAINED IN THIS APPLICA- TION HAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RICEIVE. {7fi~#;/ /1/ .:lS-/7"t:? '" / D~E SlG URE it/90 - - ---~-._------_.._.__.. -------- --.---.--------- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Lt:J ^,4~ .c/~ ~ , L ee,J IS CDU-<-- (J-u e.d.. FL .3 'I F J HOME ADDRESS (Street, City, Zi Code) (LEGAL RESIDENCE Srlf,.~ /)~ ~~ 17.-~ $ Cf e, Ci y, Zip Code) - BUSINESS PHONE ~ I /'2? '-1 - 2- '2.- II ON WHAT BOARDS ARE YOU INTERESTED IN SERVING }/1 if___ A_ ~ V~ ~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~S-P~ EDUCATIONAL QUALIFICATIONS - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~ S' I" R /J;(j Itr. - PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION HAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ?~q /~/~1~~ D~TE ~ 4/90 ~/11~", (!e. 4.. ~ I~ D7NI~I~~~ / /-;:lj) -c;, ,fJ. U r:::. ~ IfDJr. m ~ ~ ff \!j ~ R.i t;i -1i1i L~L~\iGV I 9 1996 .' 0)1 ",._,. -.- I I I .' ,/ .("'..'" M'S ---..J. . '. . , ('\ 0 ..... " -_: :. ~ ' ! :. " . ~ t'J -----~~-;:;-~~-LL.} Via Facsimile 243-7166 ARCNIT.CTa __'1~ November 14, 1996 Mayor Alperin & City Commission 100 N.W. First Avenue Delray Beach, Florida 33444 Re: Task Force Committee Honorable Mayor and Commission Members: In regard to the Task Force being fonned for the implementation of guidelines for housing in our older neighborhoods, I would like to be considered for the Committee. I believe I could be an asset because of my experience in designing homes in Gulfstream, Defray Beach, Ocean Ridge, Boca Raton and Palm Beach. I am also a resident of the Seagate Neighborhood in Delray Beach and would be directly affected. I was a nine-year member of the Boca Raton Planning and Zoning Board before moving to Delray. My finn is one of the premiere residential nnns in South Florida and as I stated I have worked with all of the Townships which have implemented similar guidelines. I know my expertise in this area, the fact that I am an architect and that I live in Seagate would make me a valuable member of this task force. ~ ..-. --" ~-~~ ~...~:'.r",'.""t~;. ~ \\" ;\.... \l\~ \:\._~ .'~/~"; _: Ie.. .;'. ;) ~. \1,:-\',..... -" . "... ~ ~.... F" 6971 N. Federal Hwyo Suite 206 Boca Raton, FL 334B7 (407) 994~45BI Fax: (407) 997-5239 EIT' DF DELIA' IEAEH DELRA Y BEACH , l 0 . I 0 " bad 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243.7000 All-America City " III! 1993 November 26, 1996 George Reynolds Seagate Neighborhood Association 927 Seagate Drive Delray Beach, FL 33483 RE: Task Team for Large Home Study Dear Mr. Reynolds, This letter is provided in response to your inquiry regarding the Task Team that is being formed to study the "mansionization" issue. On December 3rd, the City Commission will consider a resolution that outlines the scope of work for the Task Team, and establishes the number and make-up of the membership. The actual members will not be selected until January. The City Clerk's office will continue to take applications for membership until the end of the year. If you or a member of your association is interested in serving on the team, please. contact Anita Barba in the City Clerk's office at 243-7056. If you have any questions regarding the Task Team's function, feel free to call me at 243-7041. . .-- Sincerely, ~~' lane Dominguez 0 Director of Planning and Zonin c: David T. Hardeno City Manager Anita Barba, Executive Assistant to the City Clerk @ Printed on Rscycled P_ THE EFFORT ALWAYS MATTERS v.....,.. , . -V~.-J . J Li!.,~ IOf ~ 11/ JJ/ f U? f v SEAGATE NEIGHBORHOOD ASSOCIATION Mr. David Harden, City Manager City of Defray Beach 100 N.W. 1st St. . Defray Beach, Fla. 33444 NaV 2 I /9tli n. ~ t./Ty M,,~,. ~ Dear Mr. Harden: -~ . ~ r,Cf:ir,r: I have been asked to serve a president of the recently-formed Seagate Neighborhood Association. You will be receiving several pieces of mail from us in the near future as we work to establish cooperative relationships with various element of city government in order to achieve goals that will benefit our neighborhood and the city as a whole, Jennifer Hofineister attended our steering committee meeting this week, and followed up with a call to me stating that I should write this letter to you concerning the "mansionization" task force. Our citizens are very concerned about this issue, having seen examples of it along the Intracoastal as well as the heavy construction occurring in the oceanfront Estate section across AlA from our neighborhood. We feel that this activity is a threat to the character of our neighborhood and ultimately to our quality of life and property values. As such, I formally request that a representative of our association be appointed to that task force to insure the voices that are most affected by this trend are heard. Jennifer mentioned that someone in the Planning Department recommended that we submit this letter by December 3. I would appreciate a response prior to that date. My address is 927 Seagate Drive, 33483, and phones are 272-6586 (res) and 989-76~9 or- 7451 (of c). I look forward to working closely with you in the future. Sincerely, .) a~,~ George Reynolds ~~~ '" <"" ," \ J coJ-L~ -(:jM fhvdJh ~~':'\~::::J . t)~~ ~ \~ ~C. \,,~'" r JJj7 a .A r~~ ~ ~i) c/) \\~\() ~ r"", \"cs ....;j\ . .r U-V -Clv51 G/Y'~{f~ J/Y' ....,-..::). '\'\- ~\.t. .a/.~ ~J (lv::f.a/f'v Ofij/ ~ , ~,. x' . ~ J ~-:;r /uftA ~ (-OJ ~. Q~ ! RESOLUTION NO. 84 -96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE LARGE HOME TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM; PROVIDING FOR THE APPOINTMENT THEREOF; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. WHEREAS, the City Commission recognizes the importance of citizen input in the development of recommendations for resolving certain issues; and WHEREAS, the City Commission wishes to establish a task team to examine, formulate ideas and make recommendations with respect to the issue of large home construction, including compatibility and the mitigation of any impacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That there is hereby established the LARGE HOME TASK TEAM which shall study and make recommendations to the City Commission as to the issue of large home construction and compatibility. Section 2: That the Large Home Task Team shall consist of a membership as follows: Representative Group Number of Members Builder/developer 2 Architect 1 Realtor 1 Beach/Intracoastal area homeowner 3 At-large homeowner 2 .~ Pk2: IiOilro member 1 6~ SPfAf; { ( ..:= m Ea~h member: of the (2) members to t-h a . A majority Section 3: That the Large Home Task Team shall immediately pursue its assigned task with a target of accomplishing said task by June 30, 1997. Section 4: That the Large Home Task Team shall disband upon the discharge of its assigned task or by June 30, 1997, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this ___ day of , 19 - . MAYOR ATTEST: City Clerk -2- Res. No. 84-96 . o!( - tJ/1-;~ MEMORANDUM TO: David T. Harden, City Manager FROM: e/} Robert A. Barcinski, Assistant City Manager DATE: November 25, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 3, 1996 SUPPORT FOR SCHOOL WIDE ARTS INTEGRA TED CURRICULUM PINE GROVE ELEMENTARY SCHOOL Action City Commission is requested to endorse the Education Boards recommendation to ask the School Board to formally support and endorse Pine Grove Elementary's initiative to become the Palm Beach County model site for school wide arts integrated curriculum, provide support and assist the school in the efforts to receive grant funding and private support and to consider school board funding assistance in the next fiscal year budget. Backaround Through the use of existing resources, staff assistance and private assistance Ms. Asuncion, Principal at Pine Grove has been able to develop a program where by arts have been integrated into the regular academic program as well as teaching each art as a separate discipline. The Education Board is recommending formal support from the City Commission and School Board in formally recognizing this program as a model in Palm Beach County and requesting the School Board to assist and endorse the schools efforts in obtaining grant funding, private donations, and school board funding. Recommendation Endorse the Education Boards recommendation and authorize the Mayor to send a letter of support to Superintendent Kowal. RAB:tas File:u:sweeneylagenda Doc:pinegrov.agn qF "',-. r ,.-., ~.. _ " - - i I~dzjq~ ~ ~ '1() ~ ~~ ll"02.O{ Plltrida L. Asundon. Ed.S.. ~me~~EPckd ~ PriadpaJ 400 Southwest Tenth Street ~ DeIIra Johnson Delray Beach, FL 33444 AssIsWtt Principal 561-243-1554 FAX 561-243-1548 ~ ~ ~ FAME: FIne Am Multi Exploratory What a fedlngl The am can spa",-Iearningl ~..-- ~ovember 18, 1996 JOl.1~ @ ~ a W] ~ rr!:-' ,I -<i -~.\ J "i ., 1/" fi':' ;'1 ! ' . -II/ : ~ e .. _.~~; !~ OV 2 I 1996 I,~ ./ Dr. Jay Alperin .:~ ',;/ Mayor I I ! CITY OF DELRA Y BEACH LfJ-;'Y ~~';MlSSjN 100 ~.W. 1st Avenue Delray Beach, FI 33444 .. Dear Dr. Alperin: We are requesting a letter from you which confirms your support of Pine Grove Elementary's initiative to become the Palm Beach County model site for school-wide arts integrated curriculum, With your letter and others, we hope to gain a letter of support from Superintendent Dr. Joan P. Kowal in seeking outside funding sources for this pilot. The Pine Grove arts model differs from the U.B. Kinsey/Pa1m.view Arts Magnet which teaches the arts as separate disciplines. We believe the Pine Grove model to be unique because it will feature two levels: each art as a separate discipline as well as full integration of the arts into the academics (language arts, math, social studies, and science). Pine Grove serves 688 inner-city students who are mostly minority (80% Black, mostly Haitian, and 12% Hispanic, mostly migrant) who are at-risk (84% free/reduced lunch participants), many of whom speak other languages at home (41 %) and score lowly (73 % in reading and 62% in math) on standardized tests. Supported by research from the ~ational Endowment for the Arts, the arts are effective ways to raise student achievement, especially among inner-city youth. Please consider including some of the following details in your letter: 1. Concrete examples of how the arts have helped your programs, businesses, activities 2. Specific ways that you may contribute resources (staging, artists, computer support, after- school programs, equipment, facilities, information, etc.) Thank you so much for all your efforts to help our Pine Grove Elementary children. Sincerely, ?q-~ Patricia L. Asuncion, Ed. S. Principal ~<" c 1 F'~/ L I [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE ~.,;tj ,_..! ..".1. L (E(~\Y IjLt\CH~ FLUkID/\ 33~.~,~ F/'>. ~ .. - . WriterOs Direct Line: (407) 243-7091 DELRA Y BEACH f lOR IDA. tI.tItd AII.America City MEMORANDUM , t II I! DATE: November 20,1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Charlie Brown v. City The Court has heard the City's Petition for Rehearing and Plaintiff's Motion for Additur or New Trial on Damages, and has denied the motions on November 12 and 14, 1996 respectively. The City has thirty (30) days to appeal from the date of the judge's ruling. At this time our office seeks a determination from the Commission as to whether the City desires to appeal the verdict, Our office does not recommend an appeal, but seeks authorization to cross appeal if Plaintiff files an appeal. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the December 3, 1996 agenda for City Commission consideration. ~ cc: David Harden, City Manager Alison Harty, City Clerk cbrown2.sar qlf @ Or'r"!~."" c,., f-...._--"~\",;(>,-1 P}n~r ! '1,,,.(, ,.,,- It..,.X(/. .,--, {t- L , MEMORANDUM 'IO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER eM SUBJECT : AGENDA ITEM # q..r - REGULAR MEETING OF DECEMBER 3 , 1996 APPOINIMENT 'IO THE DELRAY BEACH HOUSING AUTHORITY DATE: NOVEMBER 22, 1996 Reverend Lenard C. Johnson has suhnitted his letter of resignation from the Delray Beach Housing Authority, creating a vacancy for an unexpired term ending July 14, 1997. Per statute, the appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides wi thin the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. There is a resident-member currently serving on the Housing Authority. Applications have been received from the following individuals: Ronald Brito (currently on the Board of Construction Appeals) Barbara Brown (currently on the Affordable Housing Advisory Conuni ttee) Renee C. Dillon Clifford H. Durden, Jr, Betty J. Goodman Herman Green Robert Hutzler Willie Potts (currently on the Pompey Park Advisory Conunittee) Jay Slavin Kelly p, Whalen Pursuant to Conunission direction, a check for code violations and municipal liens was conducted. None were found. According to Florida Statutes, members are appointed by the Mayor and ratified by the Conunission. However, at the City Conunission meeting of June 5, 1991, a consensus was reached whereby each Conunissioner would, on an informal basis and according to the rotation procedure, make a reconunendation to the Mayor as to Housing Authority appointees. For this appointment, the recommendation will be made by Commissioner Randolph (Seat #4), with the actual appointment by Mayor Alperin. Reconunend appointment of a member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 1997. ref: agmem03 ;:- '-(r- MEMORANDUM TO: City Commissioners FROM: Anita Barba, Executive Assistant THRU: Barbara Garito, Deputy City Clerk SUBJECT: APPLICATION TO THE DELRAY BEACH HOUSING AUTHORITY DATE: November 27, 1996 Please find attached, an additional application to the Delray Beach Housing Authority from Conrad Sittler. Mr. Sittler is currently serving on the Site Plan Review and Appearance Board. The appointment will be made by Mayor Alperin with the recommendation made by Commissioner Randolph. The appointment has been scheduled for Tuesday, December 3, 1996. update.doc CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ('a N ".,ern s: 71 kif. Ibll Le~/.s ~lf-C-. lJ~,~ IJ~~.. PL J J '1,..r HOME ADDRESS (Street, City,fZip Code) (LEGAL RESID~CE) :3 S1i"- F Ai IE. ltz:l... Snc.e4t 1J4-~AAr 15~14 ]CL 'J SiC( 0/ PRINCIPAL BUSINESS ADDRESS (Street,' City, Zip Code) . .., HOME PHONE 56 ,//.2.,& - ~, 2-~. BUSINESS PHONE .r~ ;,/2" 6f - ~2- /I ON WHAT BOARDS ARE YOU INTERESTED IN SERVING -D.il.l- ~.". /frruu ~ .Ac,~ ~ ,;. yo LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) .5:-r.. f?L~ 1le~/~:...J d- 17, ~A-f't.44J~"L..... t! tT~ EDUCATIONAL QUALIFICATIONS LIST ~~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION C.... &' ~ ALII ..,-n Ct71J I"YYO S;rr ~ ,;- ~. , / J DESCRIBE EXPERIENCES, SKILLS OR KNOWlEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD .. ~ ~ . 2~ V~ ~.Mr~J:'''''-<- fS.y A~"___ ~~ ~1JI~n / ' .. r? ~ 1>--f: ....,....c_..- Ie. e... 4 no. ~ I.. '""'" /C4. _ ~"rJ (I ~ __ J, r .. f'l, e.~ C o-rrn...r- IZ e.c e, *.-.. co~ (' PLEASE ATTACH A BRIEF RESUME. 1 HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND 1 AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION KAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ fi~7H' . nATE 4/90 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME E. CONRAD SlTILER, JR. . 1011 Lewis Cove, Delray Beach, Florida 33483 HOME ADDRESS (Street, City, Zip~ode) (LEGAL RESIDENCE) 612 East Atlantic Avenue; Delray Beach, FL 33483 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 2768728 BUSINESS PHONE 274-2211; fax 274-4667 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Planning and Zoning Board, or Site Plan Review and Appearance Board, or Code Enforcement Board. LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None. EDUCATIONAL QUALIFICATIONS Wabash College, Philosophy,' U. S. Anny Artillery &. Missile Officer Candidate School, U.S. Anny Officer; Defense Language Institute, Viet- namese Language; Commercial Investment Real Estate Institute, CCIM; National Academy of Mediators &: Arbitrators, Certified NAR Mediator. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Certified Mediator, Certified Commercial Investment Member, licensed Real Estate Broker, licensed Property Manager, antllicensed Cabinet &: Interior Carpentry. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION CONRAD SlTILER &: COMPANY, INC., INVESTMENT REAL ESTATE, president/broker. DESCRIBE EXPERIENCES. SKILLS' OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Please see attached brief resume antl/etter. Thank you. PLEASE ATTACH A BRIEF RESUME. . I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT 1 MAY RECEIVE. ldelray.lOJ . fJ f Page J of 3 pages 1-) /. Ifr'- f DATE 4/90 CONRAD SIlTLER & Co. . .. To PRESERVE AND CREATE REAL ESTATE WEALTH FOR OUR CLIENTS INVESTMENT REAL ESTATE ASSET & DIRECT PROPERTY MANAGEMENT f COMMERCIALo INDUSTRIAL & MULTIFAMILY BROKERS 4400 NORTH FEDERAL HIGHWAY' BOCA RATON. FLORiDA 33431 RECEIVERSHIPSo MEDIATIONS, NEGOTIATIONS 3300 SOUTHWEST 14TH PLACE' BOYNTON BEAC"i. FLORiDA 33426 TElEPriONE C07.164-7400' FACS\~'''cE 407738-6888 REAL ESTATE ADVISORY SERVICES L'CENSEO REAL ESTATE B?OKER July 1. 1995 DELRA Y BEACH CITY COMMISSION CITY OF DELRA Y BEACH 100 Northwest 1st Avenue Del ray Beach, Florida 33444 Re: ADVISORY BOARD APPLICATION Subject: Letter and Resume in Respect Thereto Dear Commissioners: Thank you for this opportunity to submit my application for appointment to one of the City of Delray Beach's Advisory Boards. I am requesting your consideration for appointment to either the Planning & Zoning Board, or the Site Plan Review & Appearance Board. or the Code Enforcement Board. These are the three volunteer Boards in which my capabilities and experience might be most useful to the City. I have been in the real estate business in Southeast Florida for the past eight years and for eight years previous in Chicago. 111inois. As a licensed real estate broker and licensed pro- perty manager my work has included almost every aspect of the commercial/investment and resi- dential real estate business - agent, manager. consultant, mediator, receiver, expert witness, and owner. A list of my volunteer activities in the industry is attached. Our family has lived on Lewis Cove since early 1987. We like Delray Beach very much! It's our city too, and it's time that I start to contribute directly to the future successes of Delray. It would be my privilege to represent you, the citizens of Del ray , and our six-year-old daughter in continuing the process of improving the quality of life in Delray Beach. Thank you again for this opportunity and for your consideration. If you have any ques- tions or desire additional information regarding my experience or qualifications, please let me know. I can be easily contacted. at any time, through my digital pager # 496-8073. Respectfully submitted. ~. t~ E. Conrad Sittler Jr.. CCIM attachment \dclray.102 , Page 2 of 3 pages m m I<E A, lOKS UNCOMMON CAPABILITIES . . , CONRAD SITfLER & CO. INVESTMENT REAL ESTATE ~ VOLUNTEER ACTIVITIES IN THE REAL ESTATE INDUSTRY I. NATIONAL: National Association of REALTORS: 1993 - present Accredited & Certified as NAR Mediator 1994 - present Founding Member - National Association of REALTORS' Property Management Section Commercialllnvestment Real Estate Institute: 1990 - present Certified CommerciallDvestment Member(CCIM) J 994 - present CCIM Instructor-Trainee D. STATE: Florida Association of REALTORS: 1991 - 1994 Honor Society 1991 - 1994 Professional Standards Committee 1992 - present CommerciallInvestment State Grievance Panel 1993 - 1994 Commercialllnvestment Committee Florida CCIM Chapter of the Commercialllnvestment Real Estate Institute: 1992 - 1994 Board of Directors 1992 Strategic Planning Committee 1992 - 1993 Membership Services Committee (chair) 1993 - 1994 Education Committee 1993 - 1994 Technology Task Force ID. LOCAL: Southeast District of the Florida CCIM Chapter (4.S counties): 1991 - 1992 ProgramlMembership Chairman 1991 - 1994 Executive Committee 1992 - 1993 Assistant District Vice President 1993 - 1994 District Vice President Commercial REALTORS Society of Palm Beach County: 1994 Founding Chaner member REALTOR Association of South Palm Beach County: (combined Associations of Delray, Boynton, & Boca) 1990 - 1994 Hooor Society 1991 - 1994 Grievance Committee 1993 - 1994 Grievance Committee Chairman 1992 - 1993 REALTOR! Attorney Committee 1993 - 1994 EthicslProfessional Standards Orientation Instructor 1993 - preseot Associatioo Mediator for Real Estate Disputes 1994 - present Associatioo Board Budget Committee 1994 - preseot Association Board Technology Committee , 1994 - 1996 Eected Member, Association Board of Directors Page 3 of 3 pages UNCOMMON CAPABILITIES . . . - - MEMORANDUM 'IO: MAYOR AND CITY COMMISSIONERS FRC!4: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # /0 A. - REGULAR MEETIOO OF DECEMBER 3 , 1996 ORDI~ ID. 56-96/SMALL SCALE FLUM AMENDMENI' AND REZONIOO FOR PROPERTY AT THE IDRTHWEST CORNER OF S,E. 1ST STREET AND S.E. 3RD AVENUE (MOUW PLAZA) DATE: NOVEMBER 22, 1996 This is second reading and a quasi-judicial public hearing for Ordinance No. 56-96 which changes the Future Land Use Map (FLUM) designation and zoning for a 0.86 acre parcel of land located at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue, lying east of the Florida East Coast (FEC) Railway. The land use change is from Communi. ty Facilities - Recreation to Conunercial Core, with rezoning from CF (Conununity Facilities) District to CBD (Central Business District), The subject property is currently owned by the FEC Railroad and designated as reserve right-of-way, It is in the process of being sold and is proposed for development as a mixed use conunercial project (Mouw Plaza). The Planning and Zoning Board reviewed this matter at a public hearing on November 18, 1996, and voted 5 to o to reconunend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2,4.5(0)(5) of the Land Developnent Regulations, At first reading on November 19, 1996, the Commission passed the ordinance by unanimous vote, Reccmnend approval of Ordinance No, 56-96 on second and final reading. ~5--o ref:agmemo12 - ------.------.--- -------~- - ~~--~ ..--.- -.-.. ----- -- --- ,-~--------- ORDINANCE NO. 56-96 AN ORDINANCE OF THE CITY COOMISSION OF THE CITY OF DELRAY BEACH, FIDRIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FRCM COMMUNITY FACILITIES - RECREATION 'IO CG1MERCIAL CORE , AND REZONING FROM CF ( COMMUNITY FACILITIES) DISTRICI' 'IO CBD (CENTRAL BUSINESS DISTRICI') , FOR A PORTION OF BLCX::K 85 LYING EAST OF THE FIDRIDA EAST COAST RAILWAY AT THE NORTHWEST CORNER OF S.E. 1ST STREET AND S,E. 3RD AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECI'ING 'IO PROCEED UNDER THE SINGLE HEARING AOOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENI'S; AND AMENDING "ZONING MAP OF DELRAY BEACH, FIDRIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECI'IVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Community Facilities - Recreation; and WHEREAS, the property hereinafter described is shown on the Zoning District Nap of the City of Delray Beach, Florida, dated April, 1994, as being zoned CF (Conununity Facilities) District; and WHEREAS, at its meeting of November 18, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at public hearing and voted to reconunend approval of the small scale FLUM amendment and rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensi ve Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NCM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FIDRIDA, AS FOLLCMS: Section 1. That the legal description of the subject property is as follows: All of BLCX::K 85 lying east of the Florida East Coast Railway's 100 ft. right-of-way, less the North 250 feet and the South 25 feet, City of Delray Beach (formerly Town of Linton), according to the plat recorded in Plat Book 1, Page 3, recorded in the Public Records of Palm Beach County, Florida. ~_.- -_._--- -.,-... -~-_.- ..'-- .-----.------- ~._._.._---_..__.._.- --._-,-_._--_._-_._._~ ..-- --~.- -" -.---- ---.-,.--------.-,-.--.-- _....--- --.-- ------- .,...-. ---"-...-- The subject property is located on the east side of the Florida East Coast Railway at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue; containing 0,86 acres, more or less, Section 2. That the Future Land. Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of Conunercial Core for the subject property. Section 3. 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)4, Section 4, That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of CBD (Central Business District) for the subject property. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to confonn with the provisions of Section 4 hereof, Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective 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 Canmunity Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F,S. No development orders, development penni ts, or land uses dependent on this amendment may be issued or conunence before it has become effective. If a final order of noncompliance is issued by the Administration Committee, 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 Conununi ty Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, FIQrida 32399-2100. - 2 - Ord. No, 56-96 --.----..-..-.-. . .--. .-.--.... ..--'-...- ._..-~_.. ._-~--'_._-. ---.-- --.--...--.-- --, _.-._-.-.._.---_.._~_.._._,_.._. -.--- u_,,__ . .'-----~- ._-......._, ----_.. -,.,._, .-.,...-.---- <-. -,.---------.- -_.,._--~-_.~. -.,.---.----------.- ._._---~'- -"._-- PASSED AND AOOPI'ED in regular session on second and final reading '- on this the 3rd day of December I 1996. A'ITEST: ~~ (JJ.~/ I 'f/fJL}(j~(. II!(}~~~ Ci ty Cler . First Reading November 19, 1996 Second Reading December 3, 1996 - 3 - Ord. No. 56-96 I - f _0 0 < ~ z z - ::> ::> ~ < _0 0 -- < en en..... CITY < - ~ ~ ~ HALL ~ LI....l.f::" ... _ 5 ~ IIIII!: . I 11f1'1'<'" LJ [u.;:. """ U) z- . II J I II ~ "I""" N.W. 1ST ST. N.E. - 151 ST. ". IUi ~ 'fT - W - N IWj _- -_ " => ~ ~"I~ -I~__ .(~ ~g- 0 -0-_ ~' z OLD - zr-- _z_ ~~~ : SCHOOL w ~ . . >= - - uO~~~ > SQUARE z Z I- ~ ~ f r-- =:r: == - G :/ vi r-- _ vi _ f--- I I <( fr rnW[[]]]] ITm~llJ]mr(ill[[ ATLANTIC _~ AVENUE I H~ I I ([IJ] /I / , r LIJJ [[[]]J l[l@ fID I -~ 1-_ J-- '- - I~ ~=== - r C' _ - f-- r-- ~== ~ r=-- _ ~ ~I= f--" - 1- - - - - - I-- ~. w=== _ - .f-- _ ~11. >== . w -w- Tll < ,.-- ~ f--- :--- > r-- - > r-- r--1J -< <( -<- ~ r-- q J f-- i--- r-- _ _ I ... ~ ~ '--- '-----' '------' ~. ~ ST. S.L 1ST _ ---. ST. r::::::1 1111 ,j I zITJ]] ~ ~11 = := BUD!- -:e ~ ....... - -I--- . 1-1--- - ;;z. - 1...,,1--- r---- a: w '. ~ - I--- r---- ~ vi I - I--- r r ~;-- I--- I. - -~ t; --- - > I - I II cr. ~ - ~~ ~ I CF rT r' =51 ~E I I r~;~IITrn I 'I. ~ I ~ ~ MP-i ~~~: 1I... 'n . ,~ f--- . . ~ - --, ~ ~ ~ . ~ vi - __...., VI VI Vl f--- I -- - W'--- I..I: - vi alRE [:~ - - _f--- -1 I T I.... - ( ~~ I~ s. w. JRO ST, S.E. 'I 3RO ST. I II II I I II I I II 1 I I I II g II I II I I II I I II I iii. I t:! F.L.U.M. AMENDMENT -MOUW PLAZA PLANNING DEPARTMENT FROM: CF (COMMUNITY FACILITIES) TO: CC (COMMERCIAL CORE) CITY or DELRAY DEACH, rL -- OIGITAI. EJASC IMP srsroof -- MAP REr: LUI05 111!!!__1~!~ii:;;11l~ TO: DAVID T. HARDEN, CITY MANAGER ~~ .. \ , '"" i!'~ \AJ,~ THRU: 01 E DOMIN EZ, DIRE U- DEPARTM NT OF PlANN G AND ZONING /./ /" ; .,' :>.. I U J.j' FROM: J;REY A. COSTEllO SENIOR PLANNER SUBJECT: MEETING OF NOVEMBER 19, 1996 SMAll-SCALE FUTURE lAND USE MAP AMENDMENT FROM COMMUNITY FACiliTIES - RECREATION TO COMMERCIAL CORE. AND REZONING FROM CF (COMMUNITY FACILITIES) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY lOCATED AT THE .NORTHWEST CORNER OF S.E. 1ST STREET AND S.E. 3RD AVENUE. 1~~'f'''II$.iIW.I.mIIIE:lli::@III''I!Jgl.:''i?1 The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation from Community Facilities - Recreation to Commercial Core, and rezoning from CF (Community Facilities) to CBD (Central Business District) for Mouw Plaza. The subject property is located at the northwest corner of S.E. 1 st Street and S.E. 3rd Avenue. 1:.%:::.:::.:.:':SI~IIQ~lg.:.'..:::::':..."':,".'.:'.;'..:.::.......,....:::.:....:::.., The proposal incorporates the south 356 feet of Block 85 lying east of the F.E.C. (Florida East Coast) Railroad and contains 0.86 acres. The subject property is reserve right-of-way for the F.E.C. Railroad. The south half of the property is the former location of the F.E.C. station which has been refurbished and is now located at the Ocean City Lumber site. City Commission Documentation Meeting of November 19, 1996 Small-Scale FLUM Amendment from Community Facilities - Recreation to Commercial Core and Rezoning form CF to CBD for Mouw Plaza Page 2 The FlUM amendment and rezoning to CBD includes reserve railroad right-ot- way owned by the F.E.C. Railroad. The FlUM amendment and rezoning will accommodate a proposal to construct a mixed-use commercial development. Additional background and an analysis of the request is found in the attached Planning. pnd Zoning Board Staff Report. 1......I.N:I"R.'III::II.~II::lgllg:::.IIIIII.OOIII.:::.:.:.::.-::.'::::':::::.,.:.:....,.1 The Planning and Zoning Board will formally review this item at its meeting of November 18, 1996. The Board's recommendation and comments will be presented at the November 19th City Commission meeting. 1....}>\.........>m........:..:n.':u::..:III.IIN:III:1111111"'::'::...::.::.::::::__..:.::..:.:.:',.1 By motion, approve on first reading the ordinance for the Small-Scale Future land Use Map amendment from Community Facilities - Recreation to Commercial Core, and the rezoning from CF to CBD based upon positive findings with respect to policies ot the Comprehensive Plan, and Chapter 3 (Performance Standards) and lOR Section 2.4.5(0)(5) of the land Development Regulations, setting a public hearing date ot December 3, 1996. Attachments: 0 p & Z Staff Report and Documentation of November 18, 1996 0 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 18, 1996 AGENDA ITEM: IV.A ITEM: Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core, and Associated Rezoning from CF (Community Facilities) to CBD (Central Business District) for a parcel of land located at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue. COMMUNITY ~ ~ - VCTERANS CENTER ~ < < d PARK >- OLD z ~ SCHOOL 0 ;; ;; >= ATLANTIC <It PLAZA z SOUARE z :r: ~ .. N . TENNIS > }:! < ~ STADIUM ~DJJJ SOUTH -.J COUNTY ;5 COURT HOUSE C/) <( 0 u <( FE 3; GENERAL DATA: Owner................................................. Florida East Coast Railway Co. Applicant............................................ Mouw Plazao LC. Agent... ..... .......................................... Michael Weiner Location.............................................. Northwest corner ot S.E. 1st Street and S.E. 3rd Avenue Property Size...................................... 0.86 Acre Existing Future Land Use Map............ Community Facilities-Recreation Proposed Future Land Use Map......... Commercial Core Existing Zoning................................... CF (Community Facilities) Proposed Zoning................................ CBO (Central Business Oistrict) Adjacent Zoning........................North: CF East: CBO South: CF West: CBO Existing Land Use............................... Vacant land (Reserve right-ot-way tor the F.E.C. Railroad). Proposed Land Use............................ Future Land Use Map amendment and Rezoning to CBO to accommoaate a proposal to construct a mixed-use commercial development. Water Service...........................,........ Available via installation ot an 6" water main along S.E. 3rd' Avenue which will connect to an existing 6" water main along Atlantic Avenue. Sewer Service.................................... Available via a connection to an existing 6" sewer main along the west side ot S.E. 3rd Avenue. IV.A. 1).::.::..::...:.~..:..'::::::J.':=rt;:.:e:::fJI~:::~::~:::I:::I:::B::~g:~':':::ID:::a:::~::'~:::I::A:'R~~:D:""....:,,::"'::;:"'::::.'::'.:':~:'I The item before the Board is that of making a recommendation to the City Commission on a privately-initiated Small-Scale Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core and a rezoning from CF (Community Facilities) to CBD (Central Business District) for Mouw Plaza. LOR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The subject property is located at the northwest corner of S.E. 3rd Avenue and S.E. 1st Street. I~::::::':::':.:::..:':,::::'.~"."~.....':""'::::~'::':..:.........:~.~:.~~.:::~:~:~::::::.:::::::::~:::::.::':::::::::'::::11:::1::1:::1::1::::1~::1::::1:::1::::1:::::~::~::::::::.~:~:::::::~~:::::.:::::::::.:::::~:::::~::':.:::~':::":~~:~:::::::::::::::::::~::::::::::::::::::'::'~:':::::::::::.:::,:::~:::::::::~::::,:::::1 The proposal incorporates the south 356 feet of Block 85 lying east of the Florida East Coast (F.E.C.) Railroad and contains 0.86 acres. The subject property is reserve right-of-way for the F.E.C. Railroad. The south half of the property is the former location of the F.E.C. station which has been refurbished and is now located at the Ocean City Lumber site. The asphalt parking area associated with the railroad station still exists on the property, however it is not utilized. On January 1, 1986, the City entered into an agreement to lease the easterly 5 feet of the subject property to construct a sidewalk. The agreement also included other reserve areas which are leased for roadways, parking and beautification purposes. With adoption of the City's Comprehensive Plan in November 1989, the Future Land Use Map designation of the property was changed from Commercial to Community Facilities - Recreation. Subsequently, with the Citywide rezoning and adoption of the Land Development Regulations on October 1, 1990, the subject property was rezoned from CBD (Central Business District) to CF (Community Facilities). I::::'::!!:.:;::':'::::::::::::~:':::::~:::::':::::::::I:::t:::~::::~:::::::::::::::::::::::I:::I~::g:::lti:::I:::I[:::::::I:::i:::li:::I::JilU:::I~::Jt:J.:::I:::I:::::::::::::::::!:~:t:::::::!l:::::::::::::::::::!!!!:::::!:!!:::::::~::::::::::::::::::::::::!:::!::::i::::::::::::1 The proposal is to change the Future Land Use Map designation from Community Facilities - Recreation to Commercial Core and rezone the property from CF (Community Facilities.) to CBD (Central Business District). The FLUM amendment and rezoning will accommodate a proposal to construct a mixed-use commercial development. t'fi'y..m::g:.:I':'i::::::~::I~:I'~!B::::I::~::~::~g:::jl:!::i~:.~::lM:::llB:::::::.I:::I:::I::.I::~Q::.M:~I::1':m~:::'::I:::I:':I::I::M:::I'::I:"6':.'1 This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statues 163.3187. This statute states that any P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 2 local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: 0 The amendment does not exceed either 10 acres of nonresidential land or 10' acres of residential land with a density of 10 units per acre or less; 0 The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, 0 The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The Future Land Use Map amendment involves a 0.86 acre area, thus the total area is less than the 10 acre maximum for nonresidential land uses. The amendment to Commercial Core is being processed concurrently with a rezoning request to CBD (Central Business District) to facilitate the construction of a mixed-use commercial development. This amendment along with other small-scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. land Use Analysis: 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 la'nd is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The current Community Facilities - Recreation FLUM designation allows the following zoning designations: CF (Community Facilities) and OS (Open Spqce). The property is currently zoned CF which allows a variety of community related uses. The proposed Commercial Core land use designation allows the following zoning classifications: CBD (Central Business District), RT (Resort Tourism), RO P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 3 (Residential Office), OSR (Open Space and Recreation), OS (Open Space), and CF (Community Facilities). In conjunction with the Future Land Use Map amendment to Commercial Core, a rezoning to CBD (Central Business District) is being sought. The FLUM amendment and rezoning to CBD are being processed concurrently to facilitate the construction of mixed-use development (commercial, office and residential on upper floors) which is permitted within the CBD zone district [ref. LOR Section 4.4.13]. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Adjacent land Use Map Designations, Zoning Designations & Land Uses: North: North of the property has a Future Land Use Map designation of Community Facilities - Recreation and is zoned CF (Community Facilities). The existing uses are vacant land and the Sun Bank parking lot. South: South of the property has a Community Facilities - Recreation Future Land Use Map designation and is zoned CF (Community Facilities). The existing use of the property is a municipal parking lot. ~: East of the property, across S.E. 3rd Avenue has a Future Land Use Map designation of Commercial Core and is zoned CBO (Central Business District). The existing use is Sun Bank and its associated parking lot. West: West of the property, across the F.E.C. Railroad, has a Future Land Use Map designation of Commercial Core and is zoned CBD. The property is currently vacant and has development approval for Phase II of the Grove Square commercial development. land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Commercial Core land use designation is applied to the Community's Downtown area which includes the "Village Center" development scenario. The Commercial Core accommodates a variety of uses including commercial and office development as well as residential on upper floors of commercial structures. Compatibility with the adjacent commercial developments is not a concern. The properties to th-e north I east and west have a Commercial Core land use designation, are zoned CaD, and contain commercial uses. The proposed Future Land Use Map amendment to Commercial Core is consistent with the proposed CBD zone district. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 4 Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: 0 Water service is to be provided via installation of an 8" water main along S.E. 3rd Avenue which will connect to the 8" main within Atlantic Avenue. Along the water main, fire hydrants are to be provided every 300 feet. 0 Sewer service is available via a service lateral connection to the existing 8" main within S.E. 3rd Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With FLUM and rezoning requests drainage plans are not required. The site is primarily vacant with a large asphalt area which was previously utilized for parking. The FLUM amendment and rezoning will not negatively impact this existing situation. With redevelopment of the site, drainage plans will be submitted. There are no problems anticipated retaining drainage on site and obtaining a SFWMD permit. Traffic: The subject property is located within the City's TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however, a traffic statement will be necessary for impact fee purposes. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. However, with any proposed residences a parks and recreation impact fee of $500 per. unit will be assessed at the time of building permit. P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 5 Solid Waste: Trash generated each year by the proposed commercial uses will likely increase from the uses allowed by the current land use and zoning designations. However, the development of these properties under the Commercial Core land use designation should not create an adverse impact on this level of service standard: ~.::::;:::~::I::l::\::l:::::::I::::::::::::~::::::::.::::':..l'::::l;:::::::::::j::::::,::::::::;:::::::::::::::::::::::::j::::::::::::I:::II:B::::J.::::I:::I::~:1:::I~I:::I:::I:I:::I:ltl:I\:::::::::::::::::::j:::::::::::::::::::::::::1::::::::::1::::::::::::::::::::::::::::::::::::::::::1::1::::11:::::::::;:::::1::::1::::1 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with ,the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(0)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning sllall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the surrounding properties are commercial in character. The compatibility of the specific use with its P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 6 surroundings will be further reviewed with a development proposal for the property. Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section '3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a) That the zoning had previously been changed, or was originally established, in error; b) That there has been a change in circumstances which make the current zoning inappropriate; c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "Simultaneously with the request for rezoning, the applicant has submitted a request to change the Future Land Use Map. This property is bordered by the FEC railroad right-of-way and is surrounded by the following zoning areas: (a) to the north CF; (b) to the east CBD; (c) to the west CBD; and, (d) to the south CF. As an "island" within these areas and given its proximity to the railroad tracks, there can be no other suitable designation for the property except CBD." Comment: The reason for which the rezoning is being sought relates to Item "c", The proposed CBD zoning is similar in intensity as the proposed Commercial Core Future Land Use Map designation, and is more appropriate given the surrounding commercial properties. The property is within the City's Commercial Core and is surrounded by properties which are commercial in character. Further, the property is located within the first block north and south of East Atlantic Avenue, which is primarily zoned CBD, which provides more flexible setback and parking requirements to encourage redevelopment. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The CBD zone district permits the existing uses and provides a more flexible parking requirement as well as 0' building setback requirement, within the first block north ana south of Atlantic Avenue. Any future development will be required to comply with the applicable Land Development Regulations. P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 7 t::::::~~::::~:~~~::~:.:,:::::::::::::::::,::::::~::~~::::::::::~::::::::::::::::::::::::::::::::::::::::::::;~:::::::::::~::::::::::::::I::I:~:I:::I:::I:::g:::::::::I::I:::::~il::ltl:~I:::11::I::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::~:::::::;:::::::::::::::::::::::::::::!:::::::::::::::::::::::~:::::::::::::1 Downtown Development Authority At its meeting of October 23, 1996, the DDA reviewed the proposed FLUM amendment and rezoning and had no objections. Community Redevelopment Agency At its meeting of October 24, 1996, the CRA reviewed the proposed FLUM amendment and rezoning and had no objections. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ~':::,":.::~:~:::r::'::i~~::::::::"'.:::~::'::::~I:~:I'::I.::i:::I:::6::::M::::i::::I:::m::::::::::I:::I:::I:::::::::I:::I:::I:::I::::w:::I:::I:::':::I::~R:::::::::::::::::::::::::::::::~:::::~::::::::::::::::::!:::::::::::::::::::::~:::I The Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed Future Land Use Map amendment is consistent with the proposed CBD zoning designation. The rezoning will enable positive findings to be made with Chapter 3 of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5) (Rezoning Findings). The CBD zone district is more appropriate as property is located within the area one block north and south of East Atlantic Avenue, which provides flexible regulations that encourage mixed-use developments. l,::~::::;::::::::::::::::::::'\::::\:::::::::'::::::;,::,:~~:j::::;~:::':;,:'::":':::~::::::::::::':::::::::::::I\::::g::m:::I::::B:::B:::I:::;:::I,:::!::::i:::::;::1::1:::00;:1,:\:1:::1;:1::::::\::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::\:::::::::::::::::::::::::::::::::::::~::::::::::::::'I A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core, and the rezoning request from CF to CBD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(D)(5). C. Recommend denial of the Future Land Use Map Amendment from Community Facilities, Recreation to Commercial Core and the rezoning request from CF to CBD with the basis stated. P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 8 i,:~:!::::::::~'~,~:~::~~:::::,::::::::::::::::::::::::::::::::::::::::::::::::::::;::;:::::::::::::::::1;1::I:::I::1:ft::::::::::I):::I:::I:j:I::~11::I:!:I:::I::::1:::11::I:::I:::(I::I;;::::::::::::11::::::::::::::i:;1:i:i:1:i:::;:::::::::::~::~:::::::::::::::::::::~:::::::::::::::::::::::1 Recommend to the City Commission approval of the Small-Scale Future Land Use Map amendment from Community Facilities - Recreation Facilities to Commercial Core, and the rezoning from CF to CBD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and lOR Section 2.4.5(0)(5). Attachments: o Future Land Use Map o Zoning Map o Survey This Report prepared by: Jeff Costello. Senior Planner 1---- I~ _ 0 0 <( w -z~-z I- >--::> ::> .' <(-_of---o ~ ~ _ rn__rn .... CITY <( - - i!: i!: t:l HALL ---O.I..\f . 'P'- LIJ:: - ... - ~ is ~ liliiii:: , --n-I" .. ,1.# U, _ - Vl z_ -. IJI III ~ , .. ~ N.W. 1ST ST. N.E. - 1ST ST._ 'VI II> w VI ~ 1 , I- _ - - N. -I--- _- ::> ~. .- -;:: ~ . ~-{ -- 0 -0 ~ ' Z OLD - Z- _Z_ ~V-<.~ ~ II, I SCHOOL . . ~ . >-= >-= - - O~~,v SQUARE ~ ~~' ~ I- -I-- 'v~v~ > - ~I I . -. - - .- 0=1 I Vl If! - I I - T ODilllIlIIIIl [Im~Lmmf 6] IT ATLANTIC I~~ AVENUE I (~~ I I [[[OJ I I IT] [[[[) ([]]] [I] I -~ __ I J -- - 1-=== c:=. - - - _ I~ VI ---, -----,.. ~. _ _ - ~=== ~-- t ~I:' -,,, --"l 1- - !.J=- _ 'Iii ~ ==I ._ - .r- - <==- w w-~ -Tll:::::::::; ~ ~ -<(I- ~ - --j --1-1'" --I . _ __ ______ S.W. 1ST ST, S.E. 1ST ,.....- ~ ST. l:l III II ~[DIJl ~ flJ := = BUD~ -:E . 1::iP! I'l - - : I- a:.,a ;:Ef--- -- Z "! "'I----II---f--I . .... VI I I- I- .. . _ _ f-- -1.01--- ~ to ;;> -- -r--- ~~ - - CF I r" if. _ , ,.,..~, - I- IIII 1--:;: ~"I~ I -~ IT (NO ,:=-ST S~ 1111' mgITm IT T ~~ LI::~ tMlm _~ I ~ tJ3 =m.llEl ~'1iEI r= . ,~ ~ ,--f- 0 "! "! l.L! en -- f- ~ VI (II (/) - '--- '--- - 1--1- W - HE .--." 10: I--H vi _ a ~ Il~ _ -- I--~ I ~ -L I .... s. W. 3RD ST. S.E. L..-- , I 3RD ST. I.... I II I II II II II II) ...., ~r= I II g Ii / I II I I II I I II I .... I N F.L.U.M. AMENDMENT -MOUW PLAZA PLANNING DEPARTMENT FROM: CF (COMMUNITY FACILITIES) TO: CC (COMMERCIAL CORE) CITY or DELRAY IlEACH, rL -- DIGITAL BASe IMP SYSTeM -- WP REr: LMI05 .---~- '^ ~ ~ 7- ."S ~ 8 'Is ~ -<J. N ':l' t ':;; c ";2 '. <l\ '" 1 ':i ,. .' 1 d i g . II) . .,.. .'2 ~'.l' I "'.. \ :'~ ~- 0.::1: ~~ -l\~ -s;;- \-" <1.0. &~ T ~~ "" .00' {g!. } u -~ "-;:. - \l\ ... <:!:l .... I ..J.. I ~ l t5 ~T ~ i ~ \ ~ ...J ~ -.:- ~ LL ....' , -I It :::! .) ~.l.. \ kj \ L>I ~ \ "l \ ~ 1 " , ~ri .' .: i2 ~h '" :-' ~ ,. t. :. ... ~ \ ;, ,,:, Sl % ~I t \ t ~ \ ~ , . J . () T ;'. ... ~ ~ Ii 'l! T ' ~ \1 T I \- ~ I .J II - 4: .j :t ~ ' . , i Co. \ i ~ [\ 1 T ~ \ t.. I 'l< ...s-c= ~~ \ ; S ,"~ \ I "< ~ \~ r1 i1. ..'::l. j "", '. ~.., , ',; ,~,.. " ",''','' :!'. , % ~ "-.. ~, ' ......' '....' " - - " ",:., . .:,...~..' .....terci :,:........... .,.........;.',. ~.~ \ -:,..\ ;. M\ J3~.LSiSl"'1"S - MEMORANDUM 'lU: MAYOR AND CITY OOMMISSIONERS FROM: CITY MANAGER VJ1'1 SUBJECl' : AGENDA ITEM # 10./3. - REGULAR MEETIOO OF DECEMBER 3, 1996 SECOND READIOO AND PUBLIC HEARING FOR ORDINANCE NO. 57-96 DESIGNATING THE SANDCMAY HOUSE AS A u:x::AL HIS'lURIC SITE DATE: NOVEMBER 22, 1996 This is second reading and public hearing for Ordinance No. 57-96 which designates '!he Sandoway House located at 142 South Ocean Boulevard as a local historic site and adds it to the Local Register of Historic Places. '!he designation was initiated by the Historic Preservation Board. A copy of the designation report is attached. '!he Historic Preservation Board conducted a public hearing on this matter on November 6, 1996, and voted unanimously to recommend approval. At first reading on November 19, 1996, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 57-96 on second and final reading. f~~?O ref: agmemo14 --'--'-- ---."-.- _.__._-~.- .---.- ---_._..-._--_._-~---------_.-- -- ------_._-~--- ----.... -.---,. -~._..-. .-- - .._._------ ORDINANCE NO. 57-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SANIXJ'lAY HOUSE, LOCATED AT 142 SCX1I'H OCEAN BOULEVARD , AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LCCAL HIS'IDRIC SITE; PROVIDING FOR THE AMENDMENT OF THE 1/ ZONING MAP OF DELRAY BEACH, FLORIDA, 1994 II 'ID SHOO THE HIS'IDRIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECI'IVE DATE. WHEREAS, Section 4. 5. 1 of the Land Developnent Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, the Historic Preservation Board of the City of Delray Beach initiated the nomination of the property hereinafter described for historic designation, and a designation report was subsequently prepared; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the historic designation on November 6, 1996, and voted unanimously to recommend that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLa'YS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Developnent Regulations of the City of Delray Beach, to-wit: THE SANIXJ'lAY HOUSE, located at 142 South Ocean Boulevard , Delray Beach, Florida; more particularly described as follows: Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach Cotmty, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. _."----------~_.." ---" -.-. _.~-- -_._.~_..-.. - ",-" ~-_._._--..."--_.._-~..._.,---_.__..---_.~_.,-- -- '-"..--.' ".~. ---.. _.~_._- - "___'" _..__~~H____...__"_..__u_.. _ _._-"-----_._-----~ - _._-~._----_._.. -,.. ..-.-.- ....---- Section 3. That all ordinances or parts of ordinances in conflict herewi. th be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any p:>rtion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective inunediately up:>n passage on second and final reading. PASSED AND AOOPI'ED in regular session on second and final reading on this the 3rd day of December , 1996. . ATI'EST: ()Fnm1:/,tr Jlo;/y ity Cle First Reading November 19, 1996 Second Reading December 3, 1996 - 2 - Ord. No. 57-96 I 11Ft I I II I I T I I I I I , I LOWRY STREET N.E. 1ST ST. ~ ~ -J\l ci w ::J a: ::J Z r > DELRA Y z - VETERANS 10... '""" ~ > <( I <( SUMMI T ti - <( ~ <( I PARK CONDO j I- - A TLAN TIC ~""" l- I PLAZA ~ - --I <( -- " I- " w ~ BARR N ~ CAMINO REAL I--- w I- . TERRACE w ~ HOL/DA Y INN a: ~ CONDO I I~ 0 0 I I~ z w <( ,<( 1111 A V E N U E 0 ATLANTIC ~ I 1 1 1 III III II I WA 7ERWA YEAST III I .T , COMMERCIAL - ~ - LJ >- CONDO - I- <:( ~I I ~ <( $ - r-- H I- <( a: ~ 1 BAR R 0 '--~ f-- (/) cr HARBOU Pi ~ i L.J CONDO ~ Of l I 70 I>~ .~ II I I- j MIRAMA ST. ~ - <:( I ~I I I lIID == I I J~ - ~ 3 '- $ lu I-- ~ - I-- u OCEAN PLACE -J <( ~ ~ CONDO ::> ~ I- 0 - ~ ~ co - 'IIIfI/: Ii - - z: - J COCONUT ROW -J I I INGRAHAM <:( - A N =-!L <:( r I ocr AN TERR. 1 E I lLJ I-- l- I--- U 1--:1: I-- I-- "- C/) S[AGA TE OCEAN lERR. 0 I-- - I-- "~TOWERS ILl - - <:( :--- 0 I S S ,du I J ,--- N A S T. :--- U !ffiHEj~ I u :--- - I- <:( l- I- f L...-- cr z: ~ BAY I STREET I I- - <:( l- I < -J I-- LANIKAI I-- - I- VILLAS CONDO LANGER WAY <:( ~ f- I N " - SANDOWAY HOUSE PI.^Wm....c O(P^'~"A[N , 142 S, OCEAN BOULEVARD 01 Y or OClHAY tKACH, rt - ()/c/rlll. 1J1l5C Wlf' 5'-51.0.< -- l.IlA" HII t vOW, D(:; u4 I. .. 1 :llUIIl.::!!!!:.0ill~llEl\li;i~!IlIlj!t~jl\' ... ....... ........D.li;Y;.6;mMMISSlmfil..mSD.LJME:Rm.mlllN..............H..................... . .'. ::' :i.:iii:iii:I:I.:!I::i::::i~:i.i!:III.::.IIII:::i.:~:.::.~::i::::i~:::::;::~.::::::.::~:::.'::i:.::~::::I:::i!::.:::::.::::::!:i~I::::j.!::::I::::!.::.:.~::::.::::~::::;.i::!:~:!:~::~!::.:i!i;.:::..:::::.:J::::::::::!:J:~::.:.::.:.:::::.~:::;.i:::.::::!:::::::!!...!::.:..I::':::.!.I:!:'!!:!:::..::.:::.:::!!:!::!:::!.::!!:: TO: r.~~D To,HARDnt:NAGER THRU: ~~UEZ. DIRECT~ ~ DEPARTMENT OF PLANNINGu~D ZONING Pa&-~ FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF NOVEMBER 19, 1996 FIRST READING OF AN ORDINANCE TO DESIGNATE THE SANDOWAY HOUSE, 142 SOUTH OCEAN BOULEVARD TO THE lOCAL REGISTER OF HISTORIC PLACES. l::::!::::::::~:::j::::!::::::;::::'::::.::.:::::.:::::':":::':":::.:':'.::::::::.1!11I111::::IIIQ:giil.l.:.IE:..mi:::~IIIt!II!~I.:".:::::::::::::~::::::::~::::::::~:::~:::.':::~:::::::!:::!::!:::::::::::::::::::.:~::.'1 The action requested of the City Commission is that of approval on first reading of an ordinance designating the Sandoway House to the Local Register of Historic Places. l.::.....:::.;::.).:.::~:~..~..:...:::.::.~::~::::.:;::'::::::::::'::::::::'::!:::~:.'::::::~::~:::::~:::llmllllllll::.:::::~:::::.:::':::.::::::::::::::;:::::::::::;::::!::!::::!::::::::::::.~::::::.'.~:!.::::::~:::!:..:~::::::::::::::~:::;::':::::::;;::.::.:::::~:!::':::::.:::~::::~::::~~:~::l The Sandoway House was constructed in 1936 and is credited to local architect, Samuel Ogren, the first architect to practice in Delray Beach. Ogren's prolific works shaped both the public and private character of the City, including the National Register listed high school and gymnasium, now known as Old School Square. The Sandoway House was constru~ted in the then-emerging Resort Colonial Revival style, which was popular in Delray Beach during the years of the Great Depression. It is one of only a handful of houses in this style of architecture remaining on the City's beachfront. The property consists of a single family residence, which is slated to become a nature center under the auspices of the Friends of Sandoway House, Inc. in the near future. The property is currently leased by the City from the owner, Palm Beach County. The County is aware of the proposed designation nomination and no objection has been forthcoming from the Division of Property and Real City Commission Documentation 142 S. Ocean Blvd.; Historic Status Page 2 Estate Management. Sandoway House is located in the Community Facility (CF) zoning district and is legally described as follows: Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25 of the Public Records of Palm Beach County. Additional background and analysis is provided in the attached Designation Report. ',:::'::::::~:::::::::;::::;:;:,::.:.:::::::::::::::::::::::'::::6~1;r:IRJg::.elllllllilitE::~:llllg:::IIIIJII.IIII::::~::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::'~.I The Historic Preservation Board considered this item at a Public Hearing on November 6, 1996. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. I?:':,,::::,:::,'::::-:,.':::.:.:":::.':,:!:'::::,:::'::..::::.,:,::,:::::,~::::::,,;,~::::.~:.,:.':!;::.:.:':::::IIIIIIIW:III,::IIIIII::::::::\::::!:::!:':::::::::::::::::::\::;:!::::::::::::::::::::::::::,.'::::::!::::;:.'::~::::.':~::;:::::,:::::::!:::::'::!:::::::::::::':::';:1 By motion, approve the ordinance designating the Sandoway House, 142 South Ocean Boulevard, to the Local Register of Historic Places Attachment: Sandoway House Designation Report. file/u/ww/sand-ccd . .------ ---+---- ------ DESIGNATION REPORT Historic Preservation Board Delray Beach, Florida . . Sandoway House 142 S, Ocean Boulevard Constructed. 1936 DESIGNATION REPORT: 142 South Ocean Boulevard TABLE OF CONTENTS 1. GENERAL INFORMATION II. LOCATION MAP nI. ARCInTECTURAL SIGNIFICANCE - lV. HISTORICAL SIGNIFrCAL'lCE V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES Vll. PHOTOGRAPHY . . .' Report prepared September 1996 by Jo-Anne M. Peck and Carolyn H. R Patton. --.-. - .'.- -" L GENERAL INFORMAT[ON : Location: 142 South Ocean Boulevard. Delray Beach, Palm Beach County, Florida Date of ConstIUcUon: 1936 Architect: Credited to: Samuel Ogren Builder: Unknown Present Owner: Palm Beach County Present Use: Currently being transformed into a Nature C~ter Future Use: Sandoway House Nature Center Present Zoning: Residential - FU1ure Zoning: Community Facility Legal DC3CTiption: BEACH LOTS DELRA Y, S 73 FT OF N 100 FT OF L T 24, LESS W 355 FT Classification for Designation: ArchitectUral. historical and cultural . . " - . m. ARCffiTECfURAL SIGNIFICANCE The Sandoway House was constructed in 1936 and is credited to .local architect, Samuel Ogren., the first architect to practice in Delray Beach. Ogren's prolific works shaped both the public and private character of the City of Delray Beach. including the National Register listed High School and Gymnasium (now known as Old School Square). The Sandoway House was constructed in the then-emerging Resort Colonial Revival (or Resort Colonial) style, which was polular in Delray Beach during the years of the Great Depression. It is one of only a handful of houses in this style of architecture remaining on the City's beachfront. . Overview of the R~Qrt Colonial Revival Style (1930-1939) Despite the Great Depression there was still a great deal of residential constrUction in Delray Beach, much of it built by wealthy winter residents along the beachfront. [n response to the economic difficulties in the natio~ a more restrained fonn of architecture became popular. Resort Colonial Revival. This relatively modest style was in deliberate contrast to the more flamboyant and c:-.-uberant Mediterranean Revival style which was in vogue only a decade before, during the Florida Boom of the 1920s. A subtype of the Colonial Revival style, the Resort Colonial genre combined the best features of colonial and vernacular design with interesting resort details such as open-air balconies. Typically, Resort Colonial Revival is two-story with either a rectangular or square plan. Roofs are hipped or side-gabled with boxed eaves and tittle overhang. occasionally decorated with deatils or simple cornices. Both symmetrical and asymmetrical facades are common. The main entrance tends to be simple in ornament, but remains a focal point of the facade. Windows are usually double-hung with six, eight. or nine panes. Bay, paired and triple windows can also be found. W ood cla~ding is most common in Florida, but masonry examples can be found. ~he interiors of these houses were often filled with beautifully crafted architectural elements. The city's inventory of t~ese type of remaining structures includes but a handful remaining along the waterfront. Subis::ct Propeny The Sandoway House is typical of Resort Colonial Revival in its use of New England clapboard construction combined with an airy porch to capitalize on the sea breezes. The two-story wood-framed house is rectangular in form with the open porch on the second floor looking over the ocean. Originally the house featured a corresponding porch directly below on the' .. first flootwhich has been. replaced by awrap-around screened porch, added in 1980. The hipped roof is clad with asphalt shingles and features a central chimney. Th~ second story is framed in vertical batten and bouds and the fIrSt floor is sheathed in horizontal clapboard. Most of the origin.al8/8 p-allC wood double hung Vw1itdo\\'S are c:xisting as are the original operable wood shutters. An example oftbe deliberate lack of outward ostentation C8I1 be seen in the elegant arched \\indow which is located on the south facade of the Sandoway House and is not visible to passersby on the street. Interior details in Sandoway House include a graceful winding staircase. solid Dade County pine floors, cypress ceilings. crown molding! and double-hung wood windows throughout. IV. HISTORICAL SIGNIFlCAJ~rCE Sandoway House is listed in the Florida Department of State Master Site File lo/entory of Historic Structures and is eligible for listing in the City's Local Register ofHistooc. Places. Sandoway House was built for retired produce broker 1. B. Evans from Deerfield Beach in 1936. It is believed that Mr. Evans commissioned focal Architect Samuel Ogren to design the house as a retirement home. Mr. Evans was appointed as Lieutcnant-Colonel and Personal Aide to Florida Governor Fred P. Cone in 1937. The position was honorary and consisted of accompanying the Dovemor on state and ceremonial oc.casions. ' Sandoway ~ provides cultural significance as it exemplifies the historical, political. economic a.'1d social trends reflected in Delray Beach during the Great Depression. Designed in a. unique style adapted to both the local climate and socio-economic conditions of the nation. the house provides significant clues about the values. lifestyle and social consciousness of the upper-class citizens moving to Delray Beach during the 1930s. . . v. STATEMENT OF SIGNIFICANCE 142 South Ocean Boulevard. <:ommonly known as Sandoway House, is eligible for listing on the City's Local Register of Historic Places both for its architectural and social significance. Aesthetically, it portrays the envirorunent in an era of history characterized by its architc:ctural style. Additionally, it contains elements of design. detail and craftsmanship of outstanding quality which represented, in its time, a significant adaptation to the south Florida environment. It portrays cultural significance as it exemplifies the historical, political, economic and social trends as reflected in Defray Beach during the Great Depression of the 19305. It is appropriate that this building be listed on the Local Register of Histone Places for it is worthy . of the protection and special consideration afforded by that designation. Criteria (or Desif:ll9.tion Section 4.5.1(8) of the Land Devdopment Regulations of the City ofDelt1lY Beacn outlmcs the criteria for designating propenies br sites to the Local Register of Historic Places. It suggests that at least one aiterla from pacagraphs (2) or (3) must be met to justify designation. Listed below arc the criteria which relate to this property. (2) A building, structure, or site will be deemed to have historical or cultural significance if it meets one or more of the fonowing criteria: (a) Is associated in a significant way with the life or activities of a person important in the City (for example, the homestead of a local founding famil)'). (3) "A building. structure, site of district is deemed to have uchit.ect\lnl or aesthetic significance if it fulfills one or more of the following criteria. " (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles." " (b) "Embodies those distinguishing characteristics of an architectural style period, or n\ethod of construction. .. This building is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.s.1(B~,. which requires that only one: paragraph of the above criteria be met. , VL BmUOGRAPHY AND SOURCES City Building Card records, City of Del ray Beach. City of Delray Beach Tax Records. Defray Beach Design Guidelines. Delray Beach Historic Preservation Board, 1990. Delray News, 1935-1937. Matthew Gracey, Sr.. Letter dated May 11. 1995 and personal interview, 1995. H"tStorical Structure Form" Florida Master Site File. .... '. Samuel Ogren. Jr., Archives of Samuel Ogren. Sr. . VB. PHOTOGRAPHS . -~. -. _.-.. ,'I~"~ .; '\,1;; '\,J!I".. . ~~Ilml klE.S! . . - ~ I!l, " > ...-:-: ~'I ~ifw '.M~..._~~~.....~ ~ .. ...........~. if ~ I .'. -"....... ."..~ , - --- -.--- . . '. ... , . . - ,... "1','1 \',' . -r '/-. I I ",.1/ . , {~q l-' _1_1_ -..I TO: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR ~'J) FROM: SUBJECT: MEETING OF DECEMBER 3,1996 LDR AMENDMENT ALLOWING THE SALE OF UTILITY TRAILERS THE AC AUTOMOTIVE COMMERCIAL) ZONING DISTRICT I"~':":'::~:::':.:~'~::::::::::::':::':::~'~:::,::::::,,:::::::::":':':':::':.:.~~~::~'::~::lgIIN:I~11g~mll:~II:'rnll:::IIIM:'~I'IN'::~.:::;:::.::::::::::::~;:::::::::::~:::::::::::::::::::::::::::::::::::::::::::'::;:::::':.:::.::::::::~::.:.~~:~~::::I The item before the Commission is an amendment to Section 4.4.10 of the Land Development Regulations, adding the sale of utility trailers as a permitted use within the AC (Automotive Commercial) zoning district. 1:::::::::;::....::.:....:..::;...;..::<;;;:::::..:;:.:.:.::.'::.::::.':.IBIIIYNI::'::~:,:::::::::~:::,:::~,:::::~:::':::'::::~:::::::'::::::'::':..::::~::::::.~::::::,::::~::~:::~,::::::~':'::::;:'::::::':.:::.::::::'::::::::::::':':":,':'::~.:::'l This amendment was initiated by the Planning and Zoning Board at its meeting of September 16, 1996, following action on a similarity of use determination. The use--the sale of utility trailers--is not specifically listed as a permitted use in any of the City's zoning districts. The Board felt that it would be most appropriate in the AC zoning district, and asked staff to draft the amendment. Additional background is as described in the attached P & Z staff report. I:~::::::::::~:::~:::::::::]:~~::::::~~:::~:::::::::::;~::::::~:::::::.:::::~::::::::::::'::::RJ4.INNJNliNI:IQNJNI:!IIIRQ:::IIII~:Qe.DTIII::::::~::::::::::~::::::::::::::::::::::::~:::::::::::::::::::::::::::::::~:::::::::::~:::::::::::~::l The Board considered the LDR amendment at the meeting of October 21, 1996. They held a lengthy discussion regarding the size and appearance of the trailers. One member of the public spoke against the amendment. A motion was made to add the following permitted use within the AC zoning district regulations: "The sale of new utility trailers, however, trailers in excess of 24' in length may not be stored on the premises. II The motion failed to pass by a vote of 3-4. ~':~:":':''':'':::::'':':::'':::':''::'':''..:.::::::::::.:~::::::'::::::::::,:::~:':~':":::'..:~~':'::::~:::'::::::':'::'::::ilglllllgl:glgl~IN::!::::::::::;:::~':::~~;::::~::::::::::::.::::~'::1:'~~:;::::::::::::~::::::::::::::::::.:::::::~::::::::::::::::~::::;:::::!:::::::::::::~::::::::~~:::::::::::~:::::::::'::I Commission discretion. s<~ Attachments: ~.I ~/) . Proposed amendment f S@ ') p <j/ Iff p . P & Z Board Staff Report L p.sr,i~-SSrJl.J,i'1 ') lo.e. . --- -- I ORDINANCE NO. 54-96 I AN ORDINANCE OF THE CITY CCtvlMISSION OF THE CITY OF DELRAY l BEACH, FWRIDA, AMENDING SECTION 4.4.10, "AU'ro>DI'IVE I ~IAL (AC) DISTRIcr", SUBSECTION 4.4.10(B), I "PRIN::IPAL USES AND STRUCTURES PERMITI'ED", OF THE LAND 'I~ DEVELOPMENr REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SALE OF NEW UTILITY TRAILERS AS A PERMI'ITED I USEj PROVIDING A GENERAL REPEALER CLAUSE, A SAVING ! CLAUSE, AND AN EFFECTIVE DATE. f ! WHEREAS, pursuant to LOR Section 1. 1 .6, the Planning and Zoning , Board reviewed the subject matter at its meeting of October 21, 1996, and has i forwarded the change with a recanmendation that it not be adoptedj and WHEREAS, the City Canmission of the City of Delray Beach finds that the change is not inconsistent with the Canprehensive Plan. NCM, THEREFORE, BE IT ORDAINED BY THE CITY CCtvlMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.G1S: I Section 1. '!hat Chapter Four, "Zoning Regulations", Article 4 . 4 , "Base Zoning District", Section 4.4.10, "Autanotive Caranercial (AC) District", Subsection 4. 4.10(B), "Principal Uses and Structures Pennitted", of the Land Developnent Regulations of the City of Delray Beach, Florida, be, I and the same is hereby amended to read as follows: I (B) Principal Uses and Structures Pennitted: '!he following uses are allowed wi thin the AC District each as a separate and distinct penni tted use: ( 1 ) Full service autanoti ve dealerships. (2) '!he sale, lease or rental of autanObiles. ! (3) The sale, lease or rental of boats. ; I (4) The sale, lease or rental of recreational vehicles. I (5) The sale, lease or rental of trucks. i (6) ~ sale, lease or rental of motorcycles. (7) Retail and wholesale sales of vehicular parts, equipnent, and accessories without on-site installation. (8) '!he sale of new utility trailers. However , trailers in excess of 24 feet in length may not be stored on the premises. , I I Section 2. That all ordinances or parts of ordinances in conflict I herewith be, and the same are hereby repealed. I I i Section 3. That should any section or provision of this ordinance I or any p:>rtion thereof, any paragraph, sentence, or word be declared by a i court of canpetent jurisdiction to be invalid, such decision shall not affect I , the validity of the remainder hereof as a whole or part thereof other than i the part declared to be invalid. i I Section 4. '!hat this ordinance shall becane effective inunediately up:>n passage on second and final reading. PASSED AND ADOPTED in regular session an second and final reading I on this the day of , 1997. I Ii MAYOR I A'ITEST: I I City Clerk I r First Reading i Second Reading I I r I j: I I I I I I I I ! - 2 - Ord. No. 54-96 , I i . . . MEETING OF: OCTOBER 21, 1996 AGENDA ITEM: IV.C. LOR AMENDMENT ADDING THE SALE OR RENTAL OF UTILITY TRAilERS AS A PERMITTED USE IN THE AC (AUTOMOTIVE COMMERCIAL) ZONING DISTRICT The item before the Board is an amendment to Section 4.4.10 of the land Development Regulations, adding "Sale or rental of utility trailers" as a permitted use within the AC (Automotive Commercial) zoning district. Mike Lago, who operates All American Auto Repair at 518 N. Federal Highway, has been seeking an appropriate location to establish his utility trailer sales operation. This use is not listed as permitted in any of the City's zoning districts. Mr. lago approached the P & Z Board at its meeting of September 16, 1996, regarding the appropriate zoning designation for the use. He asked the Board to make a similarity of use determination so that his business could be located in the GC zoning district. The Board found that the use is nQ1 similar to other uses in the GC zone, however, they did agree that it would be appropriate in the AC zoning district. While it could have been established in the AC district through the similarity of use process, there was a question as to whether or not the sale of trailers should be subject to the 1.5-acre site size requirement that applies to the sale of automobiles, boats, etc. In order to address the issue more fully, the Board initiated an amendment to the LDRs adding the use to the AC zoning district. That amendment is now before the Board for action. The AC zoning district allows the sale, lease, or rental of automobiles, boats, recreational vehicles, trucks, and .motorcycles. Except for motorcycle sales, the uses require a minimum site size of 1.5 acres. This requirement helps to ensure that there is adequate room for the storage and display of such large-sized inventory. IV.C. . . - P&Z Board Memorandum Staff Report LDR Amendment - Utility Trailers in the AC District Page 2 The proposed use involves the outside storage, sale, and display of utility trailers, and associated service and repair. Although the trailers are not motor vehicles, they have to be registered with the Motor Vehicle Department, and must be tagged. The use is similar to other uses permitted in the district, therefore, it would be appropriate to add it as a permitted use. ,- These types of trailers vary in size, but most would not exceed 24 feet in length. Unlike car sales, the variety and sizes of trailers are limited, and they are often purchased through a catalog rather than off the lot. Consequently, there is typically not a great deal of inventory maintained on a particular site. It does not appear to be necessary to require that the use be subject to the 1-1/2 acre minimum site size. The use should, however, be subject to all other requirements of the AC district. The proposed amendment adds the use under the section of the AC zoning district entitiled "Principle Uses and Structures Permitted." It does D.Q1 add "utility trailers" to the list of items that are required to have certain mimimum site dimensions. As with motorcycle sales, by this omission it is understood that the minimum site size requirements will not apply to utility trailer sales. !~j1~.~lfllmj~~ji~j~~~jji11~!t~:11:~\\1~~:11~fijlii:~~~::~~ii];]BI~.MIIIII11ImIII1;illi~!~1f~[~~f~~1rf~~~!~~it~~1!1!l1:11:~111~iiiiii!11i1jf1f:~:i!~::[jj:i1~~11~ijiji11i1:11 By motion, amend Section 4.4.10, Automotive Commercial zoning district, by adding the following use to subsection (B), Principal Uses and Structures Permitted: (8) The sale or rental of utility trailers. s:docume\pzacldr.doc , C1 t1-v [IT~ OF DELR~rt BER[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULFSTREAM · HIGHLAND BEACH DURAY BEACH ${~ F lOll: I D A lKtIad MEMORANDUM A1~America City , , III! TO: I DAVID T. HARDEN, CITY MANAGER ~ ~~~\q~ 1993 FROM: ROBERT B. REHR, FIRE CHIEF DATE: NOVEMBER 19, 1996 SUBJECT: ADJUSTMENT OF EMS TRANSPORT FEES We have been notified that the Inflation Index Charge (LLC.) for 1997, applicable to Medicare services and fee schedules, wiIl be a 2.8 % increase. According to City of Delray Beach Ordinance No. 5-95, Section 96.66 , Emergency Medical Transport Fees, Sub-Section B: "The City Commission m~y adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine the appropriate fee charges." It is our recommendation that an increase be granted effective January 1, 1997. This will allow us to keep up with the changes in Medicare allowances. I suggest we put this on the next Commission Meeting agenda, if it meets with your approval. The following shows what percentage charges would be for each charge: PRESENT FEE 2.8% INCREASE TOTAL ROUND OFF ALS $280.00 7.84 $287.84 $290.00 BLS $210.00 5.88 $215.88 $215.00 Mileage $5.15 .14 $5.29 $5.30 per mile If you would like to move forward with this proposal I will do the appropriate paper work for the Commission agenda. Rii~ Fire Chief Attachment. FiPE DEPAP,TMErn HEADOUARTERS · 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 i5ci1) 243-7.100. SUNCm/1 928-7400 · FAX (561) 243-7461 I~.A . Prir;tec' or~ Fiec)/c/e-c' Paper , I I ORDINANCE NO. 58-96 AN ORDINANCE OF 'mE CITY <::a-1MISSION OF 'mE CITY OF DELRAY I BEACH, FIDRIDA, AMENDING CHAPl'ER 96, "FIRE SAFETY AND I EMERGEN:Y SERVICES", OF THE CODE OF ORDINANCES OF THE I CITY OF DELRAY BEACH, BY AMEND. ING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES II , SUBSECTION 96.66 (A) , 'ro REVISE 'mE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACX:ORDANCE WITH THE INFLATION INDEX CHARGE FOR 1997; PROVIDING A GENERAL REPEALER I CLAUSE, A SAVING CLAUSE, AND AN EFFECI'IVE DATE. I i I WHEREAS, on January 17, 1995, the City Canmission adopted Ordinance I No. 5-95, which enacted a new Section 96. 66 of the City Code to provide for I emergency medical transportation fees; and WHEREAS, pursuant to Section 96. 66 (B) of the Ci ty Code, the Ci ty Canrnission may adjust fees annually pursuant to the Inflation Index Charge (I .I.C.) which is used by Medicare to detennine appropriate fee charges; and WHEREAS, the City Commission has been notified that the Inflation Index Charge (I.I.C.) for 1997, applicable to Medicare services and fee schedules, will be a 2. 8% increase. mi, THEREFORE, BE IT ORDAINED BY THE CITY CCJ.1MISSION OF THE CITY OF DELRAY BEACH, FWRIDA, AS FOI..la'lS: Section 1. '!bat Chapter 96, "Fire Safety and Emergency Services ", Section 96.66, "Emergency Medical Transportation Fees ", Subsection 96.66 (A) , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the i same is hereby amended to read as follows: I I (A) The following service charges or fees are levied for the ! provision of emergency medical transportation: I I ( 1 ) Advanced Life Support I transportation fee $7~~J~~ $290.00 I I (2) Basic Life Support transportation fee $71~J~~ $215.00 (3) Mileage fee $/ ;r/J/1'/J#.X; $ 5.30/mile Section 2. That all ordinances or parts of ordinances in conflict , herewi th be, and the same are hereby repealed. I I I I I I \ I 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 canpetent jurisdiction to be invalid, such decision shall not affect the valicli ty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. '!hat this ordinance shall becane effective as of January 1, 1997. PASSED AND ADOPI'ED in regular session on second and final reading on this the day of , 1997. MAYOR ATI'EST: City Clerk First Reading . Second Reading - 2 - Ord. No. 58-96 till ............b . c.u&~....:-"'.__..o .:'----- .: :: \ . . I ,. . . . I . COUNTY COMMISSION . 'Ii : I Highlights of Wednesday's' Palm Beach County Commis- = - sion meeting: '.', ' . ' . .' , : . AMBULANCE FEES: Gave preliminary approval to C6......&[ ~'Ll: : raisin~ the basic rate from $200 to$21O, the advanced rate : from 00 to $310 and the mileage charge from $6.50 per mile i- ' ~ S /'c " to $7 per mile. Medicare has"increased its reimbursement I . I <:~'J.... . allowance, so the county is following suit with its own \ ~33~ . .. increase. Commissioners will consider the fees for final I ~LS . :f approval Nov. 19. I I .~ . PET ADOPTIONS: Agreed to reduce adoption fees for , &o'll t',\~ 7" 1:, /~ :~ animals that the county sells through pet stores. The average I ;~ adoption fee is about $60. After the ariimal is held in a pet : " . store for two weeks, the fee would be reduced to $40. The ;~ fee would drop agmn after an additional two weeks to about :~. $20. After six weeks, the fee could be waived entirely at the :4 discretion of Animal Care & Control, and the animal could be :It given to a humane organization for adoption. :~." . ARTIFICIAL REEF: Using vessel registration fees, a ..:: 'state grant and other donations, commissioners approved a :; $145,000 contract with Resolve Towing & Salvage to scuttle :i the 293-foot Jed Carrier as 'an artificial reef about 1 mile north : of the Lake Worth Inlet.. . .' -' . COMMENTS FROM CITY COMMISSION REGULAR MEETING OF DECEMBER 3, 1996 11. Comments and Inauiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inauiries. None. 11.B. From the Public. Alice Finst, 707 Place Tavant, expressed disappointment that the people in the audience were not able to see the School Board's visual presentation during consideration of the Conditional Use Request/Communication Tower at Plumosa Elementary School. Ms. Finst commended the contractor for the efficient construction work on the recent widening of Lake Ida Road and the contractor's concern for not interrupting the flow of public traffic. She pointed out the need for immedia~imP. rovements of the Marine Way Garage located at the corner 0~10th Avenue and Lake Ida Road (with respect to the codfdination of beautification, fencing, landscaping, etc.); and, scheduling of beautification/landscaping for the medians on Lake Ida Road. Helen Coopersmith also expressed concern that the audience is not able to see the visual aids which are being presented to the Commission. She pointed out that there had been a prior suggestion that mirrors be installed in the Chambers so that the public can view these presentations. 13. Comments and Inauiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager stated that at a prior meeting Mr. Randolph had asked that the City request Palm Beach County to install left turn lanes on the West Atlantic Avenue corridor at either.~ 8th or ~ 10th Avenues. He reported that the County has denied the request based on traffic counts, lane geometries and accident data. The results of this study indicated that the east/west left turn phasing is not warranted at this time. The City Manager pointed out that City staff met with another provider who had requested a map of all City-owned properties. This particular provider indicated that they have a different technology, and their towers have a maximum height of 90 feet. Staff had inquired what the top of their . telecommunication towers would look like; however this provider would not disclose this information as their technology is proprietary and the fact that this type of business is very competitive. The City Manager stated that there is a possibility that this issue will be discussed at the January 14, 1997 Workshop meeting. 13.B. City Attorney. The City Attorney stated that Assistant City Attorney Brian Shutt has prepared a memorandum regarding issues which we need to be concerned under the Telecommunications Act. While researching this issue, Mr. Shutt surveyed other cities and discovered that several municipalities have enacted moratoriums on telecommunication towers. The City Attorney's Office has prepared a draft of a moratorium ordinance and warned that it will have to be enacted in a very formal fashion (should the Commission decide to proceed with a moratorium). There is a possibility that First Reading of the draft ordinance will be placed on the agenda for the Regular Meeting of December 17, 1996. The City Attorney requested the Commission's authorization for outside legal assistance from Jim Linn, attorney, regarding the Arthur Garland pension lawsuit. Although this issue will be placed on ~agenda fal:: the Rc.gul~.L MeeLing e.t-JpTIll.::lry 10, 1997 for formal approval, the City Attorney wished to seek authorization for Mr. Linn to proceed. It was the consensus of the Commission to grant authorization for outside legal assistance. 13.C. City Commission. 13.C.l. Mr. Ellinqsworth pointed out that there are conflicting speed signs on Lake Ida Road near the entrance to the Spady Elementary School. One speed sign reflects 30 miles per hour and the other speed sign reflects 45 miles. Mr. Ellingsworth requested that this issue be verified by staff. 13.C.2. Mr. Randolph noted that sixty days has passed since the institution of the City's contract with BFI. He stated that he has been bombarded with a number of complaints regarding trash collection. He noted that service has improved since the service was changed and suggested that staff meet with representatives of BFI regarding the service efficiency they are to provide the City. Mr. Randolph felt there has been sufficient time for the transfer in service from Waste Management to BFI; and, that the service should be running smoothly and more efficiently. The City Manager stated that he has been receiving weekly reports service complaints and noted the number of complaints have been dropping steadily since the change over. He reported that last week there had been 40 complaints; whereas -2- . with Waste Management, the City had been receiving 40 complaints per month. 13.C.3. Ms. Kiselewski stated that there will be many franchises and revenues to be made on the installation of telecommunication towers. She noted that this is a very competitive business and the City will likely be receiving further requests for these towers. Ms. Kiselewski suggested that all issues should be thoroughly investigated. Secondly, Ms. Kiselewski pointed out that the telecommunications industry is making a presentation to the Municipal League on November 4, 1996 at the Sheraton Hotel near the Palm Beach International Airport. She suggested that staff contact someone from the Municipal League regarding this particular presentation so that the City is cognizant of issues relating to this matter. Thirdly, Ms. Kiselewski noted that the recent Fashion Show which was sponsored by the Youth Council ~ ~~was a big success. stated that he_ attended Pt}. f S. 30'fi7 !l17/l/(}f~ 13.C.4. Mr. Eqan the .1celebration a-t PiRO Oroy€: Elcluel1to.l..Y 5chool Cllld agreed.. it was a huge success. #rl/) 13.C.S. Mavor Alperin reported that he had received a letter from Circuit Judge John D. Wessel regarding a program to be established in Palm Beach County. He stated that the Fifteenth Judicial Circuit of Palm Beach Count is commencing a Guardian Monitoring Program under the auspices of the American Association for Retired Persons and that their first meeting will be held December 4, 1996, in Courtroom I, at 1:30 p.m. at the South Palm Beach County Courthouse. He explained that this program is designed to assist the Courts to become more aware of the problems of the elderly and incapacitated persons when they become part of a guardianship. Mayor Alperin noted that he was unable to attend this meeting and, asked th~t a Co~i~biu~member ,- attend the fRooting 011 his bch::llf .~' a%tf6?U.......LlAL /nu.91<..9- A-lL (/. /U..aZ:~~.. a 7JU6~. Mayor Alperin announced that on January 4, 1996, between 7:00 A.M. and 9: 00 A. M. , the CBS "Morning News" will have a presentation on the Police Department's Volunteer Program. There being no further business, Mayor Alperin declared the meeting adjourned at 9:00 p.m. -3- 1. [Il~~~ ~ ':::---"'" ~ [2 (jJ- /Iu r~: (h f5 ,r( f" l7~-c:....::-' 1" . U :, -.5_ </;;; CI~. I '_l./! ~ );,,~ lIIl .. ! - , ' ~' 1V1 ! ~~~i f THE CIRCUIT COURT OF THE ~...~, S'-)!\, / FIFTEENTH ..JUDICIAL CIRCUIT - j. OF FLORIDA CHAMBERS OF SOUTH COUNTY COURTHOUSE JOHN D. WESSEL 200 WEST ATLANTIC AVENUE CIRCUIT .JUDGE November 21, 1996 DELRAY BEACH, FLORIDA 33444 407/274-1435 The Honorable Jay Alperin Mayor of Delray city Hall 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor Alperin: The Fifteenth Judicial Circuit of Palm Beach County is commencing a Guardian Monitoring Program under the auspices of the American Association for Retired Persons. We would like you to be part of the orientation by attending the initial meeting on December 4, 1996, in Courtroom 1, at 1:30 p.m. at the South Palm Beach County Courthouse, 200 West Atlantic Avenue, Delray Beach, Florida. This program is designed to assist the Courts to become more aware of the problems of the elderly and incapacitated persons when they have become part of a guardianship. Over forty (40) volunteers in our Community will commence training in January, 1997, and become visitors and then report back to the Court as to what they see and hear. This orientation program is the initial step to make these monitors the eyes and ears of the Court. We are sure their contribution will improve the quality of many wards in Palm Beach County. Although this initial pilot project will be devoted entirely to the South Palm Beach area, from Lake Worth to Boca Raton, we hope to expand it to include all of Palm Beach County by January, 1998. This program has been overwhelmingly successful in cities throughout the United States, such as Atlanta, Denver, San Francisco, Chicago and many others. We expect this brief . , . The Honorable Jay Alperin November 21, 1996 Page 2 orientation program will commence a new era of awareness of persons who are afflicted with the loss of their capacity and other maladies. It would be an honor for us to have you in attendance. Please confirm your attendance by calling the Project Coordinator, Valerie Cahill, at (561) 274-1434. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tfJv~ SUBJECT: AGENDA ITEM # 9 E - MEETING OF DECEMBER 3 , 1996 TEMPORARY USE PERMIT/HISTORIC DELRAY GREEN MARKET DATE: NOVEMBER 27, 1996 This is before the Commission to consider approval of a temporary use permit and site plan for the Historic Delray Green Market and for related City support services on market dates beginning January 4, 1997. The site plan is not attached, but is expected to be available for distribution on Monday. At the Commission meeting of October 15, 1996, Ordinance No. 45-96 amending LDR Section 2.4.6(H) "Temporary Use Permit", to add "Seasonal Farmer's Market" as an allowable temporary use was passed by a vote of 4-0. The Community Redevelopment Agency will need to specify a number or percentage of vendors who will be selling crafts, prepared foods, and other similar non-produce type items, and should be prepared to present a specific breakdown that would be workable throughout the season. Overtime for City security staff will be required for the 21 market days. Other necessary support services will be for site set -up assistance, barricade and signage for lot parking, and possible overtime to secure reserved parking areas for events at the Tennis Center, Community Center, Historic Society, and Old School Square while the market is in operation. Estimated overtime costs are detailed in the attached materials. The Community Redevelopment Agency is asking that reserved parking be set aside for the market opening and closing days at the north City Hall lot, the City Attorney's lot and the Courthouse lot, and that the CRA be permitted to charge a parking fee in those lots. Staff recommends approval of the temporary use permit and site plan, and City assistance for the Historic Delray Green Market as requested, including reserving parking lots for opening and closing days and allowing a fee to be charged. However, I recommend that if the CRA believes that on-site security is necessary, they should arrange that at their expense, possibly with a private security firm. I also recommend that City staff not be used to provide site set-up assistance. MEMORANDUM TO: David T. Harden, City Manager FROM: ~Obert A. Barcinski, Assistant City Manager DATE: November 25, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 3. 1996 APPROVAL HISTORIC DELRAY GREEN MARKET Action City Commission is requested to consider approval of a temporary use permit and site plan per Ordinance 45-96 for the Historic Delray Green Market. Commission is also requested to provide staff support for security, permit assistance, site set up and barricade set up, banner hanging, storage space, and other assistance as outlined to include a waiver of any overtime costs. Backaround Attached is a letter from the CRA requesting a temporary use permit, site plan approval and City assistance for the Historic Delray Green Market which is proposed to start January 4, 1997. I have reviewed the request for staff assistance with the various departments involved as well as with the CRA staff. If Commission concurs overtime will be needed for security for 21 days, site set up assistance, barricade and signage for lot parking for opening and closing days, and possibly some overtime to secure parking lots for tennis and civic center use while the market is in operation. The plan is to use volunteers to set up the site and supplement this task with a City crew if needed. I think this can be accomplished with two (2) people if volunteers are provided. We can possibly limit overtime for barricading the Green Market site and other parking lots, for dates other than opening and closing, by leaving barricades on a Friday and picking them up on a Monday. We have determined that throughout the Market we will need to reserve parking for Civic Center activities and Tennis and will have to make special arrangements for the Historic Societies Antique Show, and Old School Square events. In addition, the CRA is asking that reserved parking be set aside on opening and closing days and that event parking signs be set out. They are requesting use of the North City Hall lot, City Attorney lot, and Court House lot in this purpose. They are also asking permission to charge a fee for parking in these lots. The set up for opening and closing days will require staff overtime. SUBJECT: Agenda Item City Commission Meeting, December 3, 1996 Approval - Historic Delray Green Market DATE: November 25,1996 PAGE: Two (2) Other elements of the request will take normal staff time Le. request permission to utilize Court House lot, water bill note, and obtain permission from FPL and FOOT to hang banners on poles west of Swinton. I have advised CRA staff that it may not be possible to obtain approval from FPL and FOOT and advised them not to order banners until approval is obtained. Banner change out can be done during our regular program for events such as Christmas, holidays, and Art and Jazz. I have also indicated to the CRA that we have not at this time been able to identify a storage space as requested. The estimated maximum overtime for this program is as follows: 1. Security 147 hours @ $31.44 per hour = $ 4,578.00 2. Barricade/Signage Opening Closing 2 days x $23.00 = $ 828.00 3. Site Set Up Assistance 2 per x 5 hrs. x 21 days x $23.00 = $ 4,830.00 4. Other Lot Barricade 1 per x 4 hrs. x 21 days x$23.00 $ 1,932.00 Estimated Total $12,168.00 Recommendation Staff recommends consideration of approval of the temporary use permit, site plan, and City assistance for the Historic Oelray Green Market as requested including reserving parking lots for opening and closing days and allowing a fee to be charged. RAB:tas File:u:sweeneylagenda Ooc:greenmkt.agn I Cl> I -T--l--T--T--r--T---I--T--T-i---T--l--TuT-l N.W. 1ST AVENUE I / -......... ~ .............. ,.,.--- ---1 I I { Ul I . I-f I i 1-3 I E9 J I ~ IU ~I t%j J I I J ~ I J I ~ I J I J I J Z I I I I , I I I I -.-:t I !lU :I: !!i QJ 1 0 '" i n 1 ! 0 I .., .., ~ n 1.0 I ,., ~ NORTH SWINTON AVE. . . . . . . ::0 O' . . . . t.f) HISTORIC DELRA Y GREEN MARKET ~- r . (l) C) "':I> :::; ~F ... <-< '" .~ ::0", iJ)f:1 eRA PARKING LOT ~t ,~ .1'10 at 1) r ~::o ~. :I> ~o,( ;t~ z 24 N.SWINTON AVE. g~ :::~ .MC) DELRAY BEACH, FL 33444 ::~ :~ ::OM 9.E. CD Community Redevelopment Agency -a Delray Beach November 25, 1996 Mr. David Harden, City Manager City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Dear Dave: The Historic Delray Green Market, sponsored by the Downtown Joint Venture with the Community Redevelopment Agency serving as project manager, is finalizing plans for the opening of the Green Market on January 4, 1997. We are requesting that the City Commission approve a temporary use permit and site plan per ordinance 45-96 at their December 3rd meeting. The Green Market is proposed to open Saturday, January 4, 1997 and run through Saturday, May 17, 1997 which includes Sunday, April 6, 1997 as part of the Delray Affair. The hours of operation will be 7 a.m. to 1 p.m. with set-up beginning as early as 5 a.m. and take down ending at approximately 2 p.m. The site selected for the market is the parking lot behind the CRA offices with the new north lot being used for vendor parking. We anticipate that we can accommodate 35vendors on the site. The Market will feature locally grown vegetables and citrus, exotic fruits, organic vegetables, ornamental plants, herbs, orchids and speciality foods such as dried fruit and vegetables, pate, bakery goods, bagels, coffees and teas, cheeses and fresh seafood. Also included are educational programs presented by Master Gardeners, the Florida Yards and Neighbors Coordinator, SIRS, a Children's Hour from 10 a.m. to 11 a.m., entertainment and a weekly Chefs Showcase. During the first year of operation the CRA will act as the managing sponsor and will hire a site manager whose role will be to manage the site. The CRA will be solely responsible for the selection of vendors. All vendors will be required to obtain City and County Occupational licenses and will pay sales taxes as required. Fees will be charged as follows: seasonal $240., monthly $60. and weekly $15. Each vendor will be responsible for their own display area i.e.; tents, tables, chairs, etc., subject to site manager approval. In addition the CRA will purchase a limited number of canopies multiple color and 7' x 7' umbrellas for rentals. We are also looking at the possibility of manufacturing 4-5 vegetable type carts to be used as rentals. Vendors will be required to store rentals if they rent them for the season. Vendors will also be responsible for site clean-up, and their own liability insurance. The promotional package will include newspaper advertisements, press releases, public service announcements, radio spots and posters, fliers, banners and signs. Our proposal includes the purchase and display of banners on all poles from Swinton west to 1-95, provided we can obtain FPL and FDOT approval, on comer light poles from Swinton east to the railroad 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 tracks, and on all light poles in the CRA parking lot. We would like to leave the banners up for the duration of the market except when other events or flag changing takes precedence. In addition, we will provide two 3' X 7' white with black and green lettering signs to be displayed at Old School Square and the southwest entrance to the CRA parking lot and four 18" X 24" white with logo signs to be placed at the following locations: at the entrances to the City on Atlantic Avenue and Linton Boulevard, in the median on Atlantic Avenue just west ofN.W. 1st Avenue and at the comer of Atlantic Avenue and N.W. 1st Avenue. Port-a-lets will also be provided and paid for by the CRA for the site. A copy of the proposed site sketch plan, logo, business plan and vendor rules and regulations is attached. In addition to our request for site plan approval and the temporary use permit we are requesting city assistance and approval for the following: 1. security for 21 event days from 7 a.m. to 1 p.m., 2. staff assistance to supplement volunteers for sit set-up, 3. reservation of the North City Hall parking lot, City Attorney lot, and County Courthouse lot for opening and closing days. 4. staff assistance to barricade lots and put up event parking signs for opening and closing days, 5. use of barricades for the Market site, 6. provide assistance in obtaining FPL and DOT approval to hang banners from Swinton to 1-95, 7. city assistance in obtaining permission to utilize the Courthouse parking lot, 8. approval of the banner and sign program, 9. approval to leave the portables in the parking lot for the duration of the event, 10. access to the restrooms in the Community Center, 11. inclusion of notices of the Green Market in the January 1997 water bills, 12. storage space for umbrellas, canopies, vegetable carts, tables, chairs, ice containers, banners and signs. 13. waiver of any overtime charge for City staff We are requesting reserved parking for the opening and closing days because we expect opening and closing day approximately 3,000 to 5,000 people (less cars) and a high of 3,000 during the normal weeks in between. Depending on events scheduled at Old School Square and the Community Center parking could be a problem on opening and closing days and perhaps during the antique show. We have begun negotiations with a valet parking service for opening and closing day but would need permission from the city to close off city lots for use as parking. This would require charging a nominal fee for parking to defray the costs of the valet service. The valet service will only direct a car to the parking slot not actually park a car. We look forward to working with the City to make the Historic Delray Green Market a success! Very truly yours, 0- } . Ju4 Chris Brown Executive Director cc: Anne Gannon 11-25-:396 08:52AM FROM 8UCHEINDER TO 2768558 P.0: ~~ 416 Wat Lantana Rd. Lantana. Fl33462 '1'~ (407) J6~m v-f2..g'7 I q 1He. ~, ""''''' ,,",' ,. . 1996 .....-.. '-.. -_... ,_. -- -,' '-' ..-.- .." Anne Gannon OoIte"/"'.l..5 ~a~2 CRA Office Post.it- Fax Note 76i1 Delray Beach To /VNC G~", 0"'/ F1'om p2., 0 6 L~ CoJOepl. Co',ro pJ'--"l. '-1.-) Cr' Phooe ~ PMne. (oi.{J..- g'l : 9 RE: Valet Parking Services FaXII 2'1 u. - Fax. 4LJ""'. 9'''11 2 Green Market . Dear Anne: It was a pleasure to meet with you OD Friday to discuss the plans for The Green Market Event. We are m:x:ious to work on this event with you. This letter outlines our proposal for the event and:, upon execution, sba11 become our agreement. Two options are included, as we discussed. If you have any questions, please do not hesitate to call. Sincerely, ~ Robert LaBar date "For Those \\I"ho Need. an Experienced, Professional Valet Service" TOTAL P.01 :1-25-1996 08:53AM FROM BUCHBINDER TO 2768558 P.01 Green Market Event - Delray Beach OVtiOft 1: Self- Park Scope of Services: · 7 Uniformed parking attendants to cover the two designated parking lots. * The attendants will direct the flow of traffic in the parking lots for the customers to self-park. · The attendants will arrive one-half hour prior to event, and win remain throughout the course of the event to act as security for the parked vehicles, Compensatioo.: The fee for the designated services shall be as follows: 7 Attendants (6:30am-l :30pm) @ S7.001hr $ 343.00 Suppties,~gos,overhead 250.00 Company Profit @ S40,OOIhr. 280.00 Total $ 873,00 per day 9D~ioD 2: Valet Parkin2 This option is not advisable due to the possible yolwne of customers and the time it takes to park the vehicles. In addition, many customers may be offended by a "valet parking only" situation. Scope of Services: * 10 Valet parking attendants on duty to cover the two designated parking lots. * Valet Parking of all cars. Compensation: The fee for the designated services shall be as follows: 10 Attendants (6:30am-1:30pm) @ $7,00/hr. $ 490.00 Supplies. signs. overhead 250.00 Company Profit @ SSO.OOIhr. 350.00 Total $1,090.00 per day TOTAL P.01 . .. A Proposal to Establish a Delray Historic Green Market Delray Beach, FL November 14, 1996 Prepared By: The Downtown Joint Venture, a Partnership of the Community Redevelopment Agency, The Downtown Development Authority, and the Greater Delray Beach Chamber of Commerce TABLE OF CONTENTS I. Executive Summary: Purpose of the Green Market ............................ 1 II. Project Description A. Green Market Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 B. Overview of the Trade Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 C. The Historic Delray Green Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 l.ocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Vendors .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Months of Operation ............................................. 4 Operational Issues ............................................... 4 Historic Theme . ,. ,. ,. ,. ,. . . . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . 4 Zoning and Land Development Regulations ........................... 4 III. Marketing Plan A. Palm Beach County Green Market Association ......................... 5 B. Promotion and Advertising ........................................ 5 Special Events and Holidays ....................................... 5 Market Merchandise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Posters, Fliers, Banners, and Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Newspaper Advertising ........................................... 6 Chefs Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Site Entertainment ............................................... 6 Opening Day ..............................:.-................... 6 C. Public Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Press Releases and Press Kits. . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . .. 7 Public Service Announcements and Radio Interviews .................... 7 D. Community Partnership ............................ . . . . . . . . . . . . . .. 7 Historic Palm Beach County Preservation Board ........................ 7 Community Gardening. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 4-H Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Master Gardening Program ........................................ 8 Old School Square .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Schools . . . . . . . . .. . . . . . . . . . . . . . . .. . . .. .. .. . . . . . . . . . . . . . . . . .. . . . 8 E. Corporate Sponsorship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 F. Vendor Recruiting ............................................... 8 IV. Organization and Management .......................................... 10 A. Downtown Joint Venture, the Creating Sponsor . . . . . . . . . . . . . . . . . . . . . . .. 10 B. First Year Manager Sponsor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 C. Operational Issues .............................................. 10 Occupational Licenses ........................................... 11 State Sales Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Insurance ...................................... . . . . . . . . . . . . . . . 11 Tents, Umbrellas, and Carts .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Clean- Up and Trash Removal ..................................... 12 Utilities ...................................................... 12 Security ...................................................... 12 Restrooms .................................................... 12 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 13 Rules and Regulations ........................................... 13 V. F' 'IPr" 14 Inancla oJectlons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Summary Cash Flow Accounting - Five Year B. Assumptions C. Schedule A -Vendor Rents D. Schedule B - Market Accessories E. Schedule C - Sponsors F. Schedule D - Vendor Discounts G. Schedule E - Personnel H. Schedule F - Advertising VI. Appendix A. Reference Material B. Rules and Regulations C. List of Growers I. Purpose of the Green Market The purpose of establishing a Green Market in Delray Beach is primarily an economic development initiative, one which will attract thousands of consumers to the downtown on Saturday morning. These consumers are expected to frequent not only the Green Market but will extend their stay to enjoy recreational and cultural activities and to eat and shop in the downtown. Other goals are included. The market will promote locally grown agriculture and horticultural products. Delray Beach, both historically and in the present day, is a major center for horticultural and vegetable growing, and some of these growers will have the opportunity to sell their products at the Green Market. The consumers, on the other hand, are given access to quality, fresh products, one that may have been in the fields only hours prior to the market. The market intends to promote organic products as well. The Green Market is a public event that draws people together and becomes a catalyst for social interaction. Church groups, gardening clubs, historical societies, families, children, and visitors interact and meet on a Saturday morning for fun and educational purposes. The market becomes a regularly scheduled activity for many residents and visitors to Delray Beach. In addition, the market is a compliment to other activities in the downtown. Tennis players, on a Saturday morning, can walk across the street after playing and cool down, shop, and socialize at the market. The Green Market also serves as a catalyst to creating new businesses and expanding existing businesses. Small growers evolve in the economy if they see an opportunity to sell their products. Existing merchants, particularly those located in downtown Delray Beach, may seize the opportunity to sell their goods in an animated selling environment. The market affords the merchant the opportunity to advertise his or her goods at its permanent location as well. Finally, the Green Market will provide education to the public on subjects such as health, nutrition, cooking, growing, preserving foods, and many other subjects. 1 II. Project Description A. Green Market Trends Green Markets playa vital role in the sale of agricultural products for many farmers throughout the United States. Small and medium-sized farms face many obstacles in marketing their products to institutional buyers. Marketing farm products directly to consumers shortens the channel of distribution, minimizes handling, and increases profit to farmers. Market research indicates that three of every four shoppers cite quality as a reason for shopping at area farmers' markets. Other reasons include variety, atmosphere, convenience, and a desire to help farmers. The average supermarket "trading area" is a 2 to 3 mile radius. The trading area for farmers' markets is 10 miles. Direct marketing of farm products to consumers has seen tremendous growth over the past two decades. The Farmer-to-Consumer Direct Marketing Act of 1976 (P.L. 94-463) perpetuated a growing interest among farmers and consumers for direct exchange of farm products. Nationally it is estimated there are over 2,400 farmers' markets. Green Markets are expanding in the Southeast United States. One hundred thirty- five markets operated during the 1995-96 season. The following summarizes the markets by a sampling of states: Alabama: 9 Florida: 19 Georgia: 18 North Carolina: 80 South Carolina: 10 The types of markets include state and county operated markets, roadside markets, and farmers'/green markets. In Palm Beach County, two markets operated in the 1996-96 season; West Palm Beach and Jupiter, and three additional markets are in the planning stages for next season; Delray Beach, Boca Raton, and the Glades area. B. Overview of Delray Beach's Trade Area The City of Delray Beach is a coastal community located in southern Palm Beach County, fronting on the Atlantic Ocean and accessed by two interchanges with Interstate 95. The City has a rich history and culture dating back to the 1890's and from its early years has been a multi-ethnic and agriculturally based community. Its population base is approximately 50,000 persons but more importantly, the City's 2 trade area contains a population of over 400,000 persons, stretching from Lake Worth to the north and to Deerfield Beach to the south. The market will be well situated to capture consumers within the trade area. The market should attract over 2,000 consumers every Saturday morning. c. The Historic Delray Green Market Location The Green Market will be located in the parking lot behind the Community Redevelopment Agency's and the Historic Palm Beach County Preservation Board's offices at 20 & 24 North Swinton Avenue. The existing parking lot on NW 1st Avenue contains 49 spaces and an addition, currently under construction, will add another 44 spaces. The market organizers project that 35 spaces in the existing CRA lot will be occupied by market vendors, and the new lot will be utilized for customer parking, as well as expansion space for additional vendors. Products The Delray Beach market will promote locally grown produce, plants, flowers, baked goods, ethnic and American cuisines, and other consumable goods such as cheese, fish, poultry, and specialty meats. Craft items will be very limited; no more than 10% of the vendors. The craft goods must be handmade and must relate to farming, produce, and plants. Vendors The market is expected in its first year of operation to contain 35 vendors. The projection of the type of vendors is described as follows: 7 Produce Vendors 8 Prepared Foods (including chef demonstrations) 2 Bakeries 10 Horticulturalists (including herb growers) 1 Cheese 1 Meat and Poultry 1 Seafood 2 Craft 3 Non-Profit Organizations Note that the projection described above is not necessarily the actual breakdown of the vendors. 3 Months of Operation The Green Market will open on January 4, 1997, the first Saturday in January. It will close on May 17, 1997, the third Saturday in May. For the 1997-98 season, the market will open on October 18,1997 and close on the third Saturday in May, 1998. For the first year, the market will be open for 20 consecutive; for the 1997-98 season, 31 consecutive Saturdays. The market will open for business at 7:00 a.m. and will close at 1:00 p.m. on Saturday. Vendors may arrive as early as 5:00 a.m. In addition, the market will be open on Sunday, April 6th during the Delray Affair. Operational Issues Important operational issues including vendor fees, vendor insurance, post market clean-up and garbage disposal, vendor parking, customer parking, customer restrooms, vendor tents, and other issues are discussed in Section IV (D). Historic Theme The Green Market has been named, "Historic Delray Green Market" since the City in its early years of settlement was the site of active wholesale growing, packing, and shipping operations. Pineapples, tomatoes, and other vegetables were popular at the turn of the century. The Historic Palm Beach County Preservation Board will assist the market in promoting and emphasizing the City's heritage of growing, packing, and shipping of vegetables and fruits. Zoning and Land Development Regulations The City Commission recently approved a change to the Land Development Regulations to allow for green markets or farmer's markets. The Historic Delray Green Market will apply to the City for a permit to operate in the CRA parking lot. 4 lli. Marketing Plan A. Palm Beach County Green Market Association The Delray Beach market is a member of the County's Green Market Association and through its affiliation will participate in the development of markets in the County. The Association has been instrumental in gathering information on growers and other vendors and will provide the information to individual markets. The Association, funded by the County, also will assist the local markets, including Delray Beach, with promotion, advertising, and sponsorships. The Delray Beach market manager will attend all monthly Association meetings and interface with the Association's consultants, Ted Spitzer and Hilary Bohm, whose practice has assisted hundreds of markets across the United States. The Association will be an important resource for Delray Beach. In addition, the County's association is preparing a program for organic farmer's certification. B. Promotion and Advertising Special Events and Holidays The Delray Beach market will take advantage of the numerous events that occur in the City during the period of the market's operation. During the period of Fall, Winter, and Spring, the City hosts Heritage Month (October), Thanksgiving events (November), Christmas events (December), Art & Jazz on the Avenue (October, January, February, March, May), FotoFusion (February), Antique Show (March), Tennis Tournaments (March), and others. The market will capitalize on the themes and encourage event participants to also experience the market. For example, during October the market will feature pumpkins, corn, squash, emphasizing Halloween. During Christmas the market will feature Christmas trees, cranberries, poinsettias, and winter, holiday baked goods. During Valentine's Day and Easter, plants and flowers will be especially featured. Market Merchandise The Delray Beach Green Market will sell merchandise, including caps, T-shirts, aprons, tote bags, baskets, mugs, and other such items. The majority of the merchandise will be sold on Saturday at the market and proceeds will be used to underwrite market expenses. The market organizers will have an information table at the market where the merchandise will be sold. The merchandise is an important promotion for the market. 5 Posters, Fliers, Banners, and Signs The market will print a seasonal poster which will be posted throughout the downtown and in government offices. Single sheet fliers or a small brochure will be published and be distributed to information racks located in shops, government offices, and the Chamber of Commerce. Newspaper Advertising The market will seek as one of its sponsors a major newspaper whose contribution will be to advertise the Green Market in its periodical. In addition, the County's Association will spend advertising monies to promote all the markets in the County of which Delray Beach will be one of those featured. The Delray market has completed its logo and an example can be found in the Appendix of this Plan. Advertising will be heavily used in the week preceding the opening of the market and will be evenly distributed over the following 19 weeks following the opening. The advertising copy will be adjusted if a special event or a special attraction is included in the market. Chefs Program At each Saturday event, a chef from Delray Beach will be invited to demonstrate his or her cooking specialty. The recipes will be related to produce available at the market. Site Entertainment The market organization will contain a volunteer entertainment manager. The entertainment manager will book musical groups, singing groups, both professional and amateur at little or no cost to the market., Other forms of entertainment will include children's theatre, magic demonstrations, story telling, and others. The purpose of the entertainment is to promote a festival atmosphere for the customers and to enlarge the overall entertainment character of the market. Opening Day Opening day, January 4, 1997, will be a special event. Entertainment will be varied, and a great show will be produced. The first day of the market should be a lasting first impression, and, if so, the customers will return Saturday after Saturday. 6 c. Public Relations Press Releases and Kits The market will issue a press kit every week describing the special events and entertainment for an upcoming Saturday market. It will also feature one vendor in detail describing the unique characteristics of the vendor's product. For opening day the press will receive a press kit describing the market and the special event opening. Public Service Announcements and Radio Interviews The market will seek arrangements with general radio stations to provide public service announcements concerning the market. In addition, the market will seek, as a corporate sponsor, one station who would feature the market during the week. In addition, market organizers will be interviewed on the radio discussing the excitement of a public green market. Appeals will be made to the family market describing how families with children can enjoy a day out at the market. D. Community Partnerships The market is a community event and as such, will seek partners in the event. The following lists a few who have expressed interest in participating in the market. Historic Palm Beach County Preservation Board The Preservation Board has been a partner in shaping the market and was responsible for creating the concept of an historic Green Market. The Board will be present every Saturday at the site and make its museum available to the public for shows. In addition, the Board will provide, during the Green Market season, historical information on Delray's association with the agricultural industry. City of Delray Beach Community Gardening Program The City's Community Development Department has organized a community gardening program in close proximity to the Green Market site. The garden organizers and participants will have a booth at the market extolling the virtues of community gardening as well as selling the fruits of their labor; vegetables and flowers. City of Delray Beach Parks and Recreation Department's 4-H Club The Parks and Recreation Department has organized a 4-H Club in the City and its participants will, likewise, be present at a booth every Saturday to educate the public 7 on student agricultural and animal husbandry activities. Students will present their products, both vegetables and animals, at the market. Palm Beach County Agricultural Department Master Gardening Program The County's master gardening program, one which has been very successful over the years, will be present at the Green Market to recruit new members and students and to disseminate literature about gardening, soil conservation, and nutrition. Old School Square Theatre Old School Square expects to provide great drama at the Green Market. Their program may include singing by its famed director, scenes from a current theatrical or musical production, or other legitimate forms of entertainment Atlantic High School and Other Delray Beach Schools The market expects to present student performers in the field of music, drama, and art. E. Corporate Sponsorship For the market to meet its financial goals, that is to break even in its second year of operation, it must seek corporate sponsors on a permanent basis. Sponsor candidates will include banking institutions, radio and television stations, credit card financial organizations, soft drink manufacturers, automobile dealerships, local newspapers, and other industry leaders in Delray Beach. The County's Green Market Association is also working on sponsorships and will extend benefits to market members. In addition, the Delray Beach market will seek assistance from organizations such as Browning Ferris Industries (BFI), the City's garbage franchisee. F. Vendor Recruiting The recruitment of growers, nurseries, local merchants, and others previously mentioned, is being conducted presentl y. The County's Association has provided a list of growers and nurseries from which the Delray Beach Green Market will solicit. In addition, the market will solicit interest from local merchants, particularly grocers, flower shops, bakeries, deli's, restaurants, and others. A vendor recruiting and marketing package is being prepared and will be utilized to sign up vendors. The recruiting package will contain general information on the market and specific information regarding State sales tax, insurance, occupational license requirements, 8 post market cleaning obligations, vendor booth rental rates, tent leasing, advertising and promotion, garbage removal, restroom locations, vendor and customer parking locations, and other. 9 IV. Organization and Management The following describes the organization behind the Green Market and the key issues in running a market. A. Downtown Joint Venture, the Creating Sponsor The partnership between the Community Redevelopment Agency, the Downtown Development Authority, and the Greater Delray Beach Chamber of Commerce is the creating sponsor for the Historic Green Market. A committee was formed in early 1996 consisting of staff of the three organizations and including a staff member of the Historic Palm Beach County Preservation Board, and a staff member of the City of Delray Beach Planning Department. The ad hoc committee is the author of this Plan and will continue to be the operational advisory committee for the first year of operation. As issues arise during the first year of operation, the Green Market committee will address these issues and seek solutions for the market. B. The First Year Managing Sponsor For the first year of operation, the CRA will act as the managing sponsor. Because the market will collect monies and expend monies, a non-profit entity will be required. Since the market will be located at the CRA parking lot on NW 1st A venue, and since it carries insurance for such activities, the creating committee requested that the CRA act as the market manager. The CRA will collect vendor rents and sponsorship donations and will maintain the accounting of the market. As the market matures, the Green Market committee will evaluate, recommend, and negotiate for a penn anent sponsor for the second year. Several candidates have been identified, including the newly fonned West Atlantic Redevelopment Corporation. The market will be staffed by a site manager whose role it is to manage the market on Saturday. The site manager will report to the Green Market committee for policy decisions and will be responsible during the week for vendor recruitment and during Saturday for site management. In the first year, the CRA staff will provide support services to the site manager. C. Operational Issues The following describes the key operational issues for a green market. The Downtown Joint Venture Green Market committee, in cooperation with the County's Green Market Association and its consultants, have researched the following issues and recommend the following procedures. 10 Occupational Licenses Each vendor will be required to obtain both a City and County Occupational License. An exception by law is made for registered growers. The City will issue a license on a reduced fee basis. The fee will be reduced because a vendor will operate only for 32 Saturdays a year and, therefore, may pay a proportionate fee. No arrangement for a County license fee reduction has been completed yet. For a vendor to occupy a space on the market floor, he or she must present proof of licensure to the site manager. Sales Tax Each vendor, unless exempt, must pay the 6% sales tax. A representative from the State Department of Revenue will likely be present at the market to insure compliance with the State law. Vendors will be advised of their obligation to pay State sales tax. Insurance The CRA carries general liability and property damage insurance to protect itself. However, each vendor must carry his or her own liability insurance, and they must show evidence of the insurance to the site manager prior to occupying a vendor space. Tents, Umbrellas, and Carts For the first year of operation, the Green Market will have a limited number of tents and umbrellas. Umbrellas will be borrowed from the Chamber, and additional ones purchased, and will be placed in a location suitable for the public to rest, eat, socialize, and refresh themselves. In the first year of operation, the Green Market will lease a small number of tents to vendors. Vendors will be required to bring their own tents and umbrellas or sell without them. Ideally, the Delray Beach Green Market would furnish, lease and, therefore, control the tent usage in order to create a cohesive design for the market. Described in the Appendix of this Plan are drawings prepared by an architect for custom made covers. The artistic look being achieved is that of a Moroccan bazaar; multi-colored, sloped roofs, and a non-manufactured look. A sample of this design will be created and tested, however, the market may purchase a few commercial tents which it would, in turn, lease on an annual basis to vendors. The importance of tents for the market is that they protect vendors' products from rain and sun, as well as protect customers during poor weather conditions. 11 In addition to umbrellas and tents, the market will attempt to secure wooden carts, presently stored at the Swap Shop on North Federal Highway, from its owner. The carts would be rented to a vendor, smaller than one occupying a stall. Clean-Up and Trash Removal The market will require that each vendor clean up its area after the market closes at 1:00 p.m. on Saturday. The vendor will acknowledge its responsibility by signing an agreement which includes the rules and regulations of the market. The market has contacted BFI, the City's garbage franchisee, and hope to reach an agreement whereby BFI would supply numerous cardboard garbage boxes, lined with a plastic bag, which will be placed in each vendor's stall and around the market at important locations. The garbage bags will be placed in a dumpster provided by BFI. The dumpster would be located on a concrete pad in the new CRA parking lot on NW 1st Avenue. The market will also employ clean-up personnel for a few hours after the close of the market. The dumpster would be placed in the new CRA parking lot adjacent to the market and would be removed by Saturday afternoon. Utilities The CRA parking lot contains nine street lights, and each light contains two electrical connections. Vendors may tap into the electrical outlet and a small charge will be added to the rental fee. Water is also on site for those vendors who need the element. An additional hose bib may be required. Security The market will request from the City that they supply one on-duty or off-duty policeman whose hours would run from 5:00 ,a.m. to 1:00 p.m. Security will be important in order to deal with unlicensed vendors. In addition, providing security assists in creating a sense of a safe place in the minds of the consumers. Restrooms It is anticipated that the public would be able to use the restrooms at the Community Center. In addition, vendors may need a shorter distance to travel and other restrooms will be provided. The restrooms at the Historic Preservation Board's office or at Doc's Soft Serve may be candidates. 12 Parking for Vendors and Customers Parking for vendors will be located in the lot by the City Planning Department and on the street on NW 1st A venue. Parking for customers will be located at the new CRA lot, adjacent to the market, and in the City lot by the Planning Department. Refer to the Appendix for a map depicting parking locations. Rules and Regulations The market will publish a set of Rules and Regulations, a copy of which is included in the Appendix of this Plan. Each vendor will be required to sign a statement that he or she will abide by the rules or forfeit their privilege to sell at the market. The rules and regulations deal with the issues discussed previously such as clean-up, use of utilities, parking, and others. The rules also discuss issues such as vendor restrictions on advertising and vendor product restrictions. 13 v. Financial Projections The following cash flow model illustrates the financial aspects of the market over a five- year period. Refer to the subschedules for assumptions for the model. 14 DURAY BEACH HISTORIC GR.IXN MARKET Orc__t SUMMARY CASH PLOW ACCOUN'llNG 1Q/07/96 Yel/rl Yel/r2 Year 3 Year 4 Year 5 SOURCES ~ Rents SchA 11,550 26,660 29,140 38,750 38,750 SponIOn SchB 22,888 29,024 29,024 29,024 29,024 Tctt l..eIIo'DepoIit Note 2 1,050 3,763 4,113 4,375 4,375 Vendor UtilitieB Fee Note 3 963 1.666 1,821 1,938 1,938 Mldtet Acceaories SchC 4,200 5,694 5,694 5,694 5,694 Vmdor Discount SchD (462) (1,860) (2,480) (3,87.5) (4,6.50) Vacancy .5% (578) (1,333) (1,457) (1,938) (1.938) Rain DIIY' 10% (1,15.5) (2,666) (2.914) (3,875) (3,875) Subtotal 38,4.56 60,948 62,941 70,093 69,318 In Kind ConIributiODl Pcnonnd 6,311 8,893 6,736 6,736 6,736 TOTAL SOURCES 44,767 69,840 69,677 76,829 76,054 USES Pcnome1: In Kind SchD 6,311 8,893 6,736 6,736 6,736 PenomeJ: Cub SchD 2.634 3,711 5,868 's,868 5,868 Advertising 8chE 10,000 10,000 10,000 10,000 10,000 InIunnce Note 4 2,200 3,100 3,100 3,100 3.100 Lep1 Note,S 1.000 1.000 1,000 1.000 1,000 MIdtct AcceaorieB SchC 12.600 17,082 17,082 17,082 17,082 Sec:urily SchB 3.168 4.464 4,464 4.464 4,464 TentI Note 2 1.'s00 4.000 1,2.50 1,2.50 1,2.50 Tctt Aaembly SchB 1,320 1.860 1.860 1,860 1,860 TraIh Ranoval Note 6 2,200 3,100 3,100 3,100 3,100 Utilities Note 3 ,S,SO 77.5 77,S 77,S 77,S Milcelb..:oUl .500 .500 .500 .500 .500 TOrAL USES 43,983 sa,"85 55.735 ss. 735 ss. 735 TOrAL SOURCES IN EXCESS 01' USES 780t 11,355 13,9042 :11,094 20,319 ~VMPl10NS PIICl 1- Octupltional Lica1lIClI: EICh vendor will PlY SO% of the City ofDelrly Beach occupltionallicense (50% of SI2.5, or $62..50) proraed for the numba' ofweeb in op<<'Ition ie. 22 weeb in yew 1; 31 weeb each 1Ucceedin8 year. lit yew I, the license willllllOUm to S26.44; in year 2, S37.25. The vmdor will PlY the City directly. 2. Tc:rU: The Oreal Mmtct will pun:baIe 6 t.cIIb the t"1t'IIt year @ S2.50 per tent and will lcae them to vcndon for $75 per tent per yew. A IICCUI'ity dcpolit of $1 00 will be requiml. Some vmdon will brina their own taU. In yarv 2 throush .5. aaume 50% of the wndon leue tcnta. The Oreal Mmtct will acquire additional tails in yean 2 through 5, 18 follows: Yew 2 (16); Yes' 3 (5); Year 4 (5); Year 5 (5). 3. Utiltity Fee: Vcndon will be duqcd Uoo per dlIy for the use of 111 electrical outlet; lIIIUD1e 2.5% ofvendon will utilize t.hiJ savice. Utility expense ClItimIled III $25 per wcdt. 4. 1n8unnce: The CRA will provide Iilbility inIIJrance. part ofthcirumbrella policy with the Plorida Lelgue of Cities. 5. Lept: Miscellmeoul services. 6. Trah: Trab will be col1=ed by BPI on Saturday afternoons in their~. The cbnpstrr wiD be delivered on Fridsy lIft.cmoons. SaImUL& A: VMDOIlUNl'l ..' ~ ~ ~ ~ X&E.t "Weeb otOpenlion 22 31 31 31 31 NVnIonPtrWect 35 43 47 50 50 SperWeek l' 20 20 2.5 2.5 TOTAL VENDOR RENT: SU,5!O S36.&iO SU.I'" S38. 7SO S38.7SO RRHAK-DOWNBYVBNDOR. ~ Ymdam T~ PloriltlOIrdcacn S15 10 S150 PRp8red Pood 15 8 120 PII1l1a'IIOrowa'I 15 7 105 Noo Profit GroupI l' 3 45 Blbria 15 1 30 Q'Ifts (FoocWIoriItJtebt.ed) U 2 30 Sat'oocl 15 1 U 00- 15 1 30 TOTAL: 35 SS15 ., J . :~,~...i.,:,,,,,~~::t~ .~, ":"r':.-/:-!!~~.. ..~. " . ." :i;~: '.. ,'4 . .:,,'.. ~~ ' ",/..; . ~el." ;.... ~~:... ~:1:'~~' ~: ", '~"" ".iF . :... . . ," . .,.... .1. I, . ~ '. t . ,,,,,.! , ',~1,,~ .:... ". .... ""C'" ,'. .\. ./"a'..~ " saDDmzB:&O~ '.4 ~ %a.Z x..J. ~ ~ B-* .5,000 ',000 '.000 $.000 '.000 N~1p1p6 3,000 '.000 '.000 '.000 '.000 BPI: TnIb(R.eceptM:le&Dun.,Itcr) 1.200 3.loo 3,100 3.100 3.100 llIdio 1.000 1..500 1..500 1..500 1..500 eRA; Gnm. $.000 $.000 '.000 $,000 '.000 eRA; InEnnce UOO 3.100 3.100 3.100 3.100 Subtotal: CRA 7,200 8,100 8,100 8,100 8.100 City: Security 3,168 4,464 4.464 4.464 4.464 City: TemAllembIy 1.320 1.860 1.860 1.860 1.860 SUbtot8l: City ".488 6,324 6,324 6,324 6,324 TOTAL SPONSORSHIP: S22,III $1',024 $1'.024 $1'.024 $1'.024 ARtIlJUP"l1ONR. 'lbe DowI:toWDJos Vemure will ~ IpClIJIOn fortbeMlrtdiltg. CiIJ SpaaIonbIp fDclude8 lleCU1'itJ IDd 1 .........,.~ It'" tbllowfDgnle: Hour\pR'" ~ HIII1IIIIWI!lI!k Wa:k SecurilJ SI8.oo 35 8.00 SI44.00 TemAIIaDIICl' '15.00 16 ".00 S60.00 '0 I~. .,' .. ,< ,~~ i .",~' ,;", . I~'. ~?";. '.'~~..: f ~;~~..>. ,f' . . S . '~".. . ~ .~,~7~(,~, . . ,It ,'i.!" " . ~~'~~. ',:.'i..' ".",~. .... "'"::' . ..~. ~"f':' ~.~~. SCBIDULE c: MAJUa:r ACCW.uoma ...' ",..... ~... .. MIaIII& W_Prke IaIIl .... 12 S12 1144 a.-.. 6 2' 150 CIfI 12 10 110 Tote~ 11 IS 180 T -8birtI 11 10 120 SubbUl: Opaq Day 1714 0Cber Sales pcrWeck .. &IJaIa SlIles Pric:e rsul .... 3 $11 136 ~ 1 2S 2S CIpI 3 10 30 Tote~ 3 IS 45 T ...... 3 10 30 SUIltcbI: Per Week SI66 AluDeIllca iDcome "'113 ottollll ~es~ .,;.'.:..; '- , ):;~~Lf;'~; '<iF.:, " ~~ ..... ,~'".:.~,-:~... . '.' - ." .!f.',', ';.~~' . .f':~\' ('.t,' .~. ."' ", -, ," ,... . '. ..,. \ '~8'" "I " ,"',"" , :'::'Y: ,', '" ", '~:" ' ,.,~ .~f.~ ,.:. '1" salEDtJL& D: VDmOIlDllCOtJNrl ...' :raJ. ~ lia1 :r.A %lILt flWecb ofOpention 12 31 31 31 31 ## Vendon Pa- Week 3.5 43 47 .50 .50 S....Week 1.5 20 20 2.5 ~ SUbtotal: R-. 11..5.50 26,660 29,140 38,7.50 38.7.50 fI AIaqf Vmdon 7 1..5 20 2.5 30 Subtotal: AInIaI R-. 2.310 9,300 12.400 19,37.5 23.250 TOTALDISCOUNT~~ (m) (lMO) (2.-) (3.87S) (4,650) . " . i; . \:;~'!'." , ': ~ " . ',',' ~ '''''~.' .' . . ~, . . ' I. "~','H~~:f~":" "'''+~l~,j,~i'~' ~'~i"~ . "",",' ,:,: " :': " (l.",o",:, ", ~ ,f '. . .~~.:.:-. .." .~. "./~ "1;-,: - ", .' SCHEDULJ: 1:: PJ:IlSONNEL .... 7 Yarl Yar2 y..3 Yar4 y..5 1# Wedel ofOpenliGIJ 22 31 31 31 31 Propn Director 2,394 3.373 3.373 3,373 3.373 Site MIM8cr 2.439 3.436 3.436 3,436 3.436 Clerical 627 884 884 884 884 Bookkeeper 790 1.113 1,113 1.113 1.113 Eva CoordimIor 1,016 1,432 1.432 1,432 1.432 M.btin& CoordinItor 1,016 1,432 1.432 1,432 1.432 Subtotal: Slllriea 8,282 11,670 11,670 11.670 11.670 PIu.: P8yr01l Taa @8% 663 m m m m TOTAL SA.LARIES: 8,9.c5 U.604 U.604 U.6O<t U.604 IN KIND SALARIES: 6,311 I,If3 6.736 6.736 6.736 NET SALAlUBS: 2.,634 3.711 .5.868 .5,868 .5.868 A8SUMP11ONR' HalJrtY RD HallrWIUtnh HllIlftlWerJt IlWJr.t Propn Director $16.83 28 6.47 $108.81 Sitew...,. 112.00 40 9.24 111 0.85 Clcical 11.5.43 8 1.85 S28..51 Bookbeper $19.44 8 1.85 $:3S.91 Ewm CoordimIor $2.5.00 8 1.SS $46.19 MIIketias CoonIiaItor $2.5.00 8 1.8S $46.19 1. Proanm Diredor ia )In)~ ia-ldad1hlm CRA. 2. Site w....- wiD be hind...... tor b.P tbeMllbt. 3. ClerIcal it provided fD.tiDd hill CItA tbr)WI1 - 2; ......... will be WreclIl1d plid1br bJ tbc MIIbt. 4. ~ ia provided fHiadftam CItAtor,., 1 - 2; 1bat.tlba wiD bebirecllDllplidtorbJ tbcMllbt. S. Bwd CoanIaItar it pnwicW ilHiadhm the CiIt.PIIb .t.llecnIIiaDDe,t. or b.P 1IDIudeer. 6. MIdcdias CoordiaIIor ia pnniacl iIHdad hill Ihe DoW.4vwu Joiat VIIIIIR, " ..,..... ".: :u. ~";-'~' :''iJ:<!~r,i/, '. - " ~~! .. :..# " ....)iy,r.., - . . . SClDDUU.: ADVJ:R'I'IIING '.' ~lIII Y_l Y_2 Yew 3 Yew" Yew' NewIpIIpCI' ',000 ',000 ',000 ',000 5.000 Radio 2,000 2,000 2,000 2,000 2,000 Sipp 1.500 1,.500 1,'00 1..soo 1,.500 PIJcn .500 '00 '00 .500 .500 PrDiaa '00 '00 '00 '00 '00 Otbcr '00 SOO '00 '00 '00 TOTAL ADVI'.RJ1SING 10.000 10.000 10.000 10.000 10.000 A9RtJMPTIONR. AdwrtiIiIw incJucIeI weekly nA_ ~""III!I"'''' ndio IpOtI. to be IpClIJIClC'CI by the proYider. In 8dditica. .... will be iaIDIled ClO AdIaic Awme IDd . the 10CItiaa. '.' ' oj " ' .......,.,.,.... RULES and REGULA nONS TERMS and CONDmONS for HISTORIC DELRAYGREEN MARKET IMPORT ANT: Please read the following very carefully, There are two copies of this docwnent enclosed. We require that you keep one for your records and return the second copy initialed and signed, attached to your application form. By having initialed the box beside each section and signing the last page of this document, you have indicated that you have read, understand and agree to comply with each RulelRegulation and Term/Condition described below. VENDOR EQUIPMENT AND SUPPLIES Each vendor is responsible for bringing and providing the equipment and supplies they require to do business on the Green Market site. This includes tables, chairs, presentation/display materials, signs, scales, cash register (if required), broom and dust pan, heavy duty extension cord (if required), cash floats and change, any promotional material, tents and/or wnbrellas if not renting form the Historic Delray Green Market. - Under !1Q circumstances will tables and chairs for Vendors be provided by the Historic Delray Green Market. - Scales used to weigh products must meet the standard of the Florida Department of Agriculture and Consumer Services. - All vendors must display signage at each selling space identifying the business name and location which distinguishes a grower from a dealer. Prices for all products should be displayed prominently. Signage must remain within the limits of the vendor's selling space and not interfere with other vendor displays. STALL SPACE - Market Management will work with vendors to determine appropriate stall space based on site plan considerations, however, market management reserves the right to assign, limit quantity of and relocate stall space rented by a vendor. - Assigned stall space must be occupied by opening time or said space will be made available to another vendor. - Ifadditional space is available at start-up time, space(s) may be rented by vendors on-site at the daily rate. - SHARING of stall space is not permitted, Requests for exceptions require prior approval of the LICENSOR. - No subletting of stall space is permitted, SET-UPIBREAKDOWN/CLEAN-UP - SET -UP starts one hour prior to opening at 6:00 a.m. and MUST be completed by 7:00 a.m, Failure to comply will result in a fme of$10, - BREAK DOWN starts at 1:00 p.m. and must be complete before 2:00 p.m. UNDER NO CIRCUMSTANCE is break down permitted before 1:00 p.m. unIesllnclement weather has necessitated early closure. If vendor sells out of product early, they must still remain untO 1:00 p.m. Early seU-out means you have not brought enough product for the demand and have missed the opportunity to make more money! Break down before 1:00 D.m. will result in eXDulsion from the Historic Delrav Green Market. - CLEAN-UP - Vendors are responsible for removing all garbage from their space, flattening all cardboard boxes and sweeping clean their area. . VEmCLE REGULATIONS - Only those vendors who must use a vehicle as an integral part of their business are pennitted to keep their vehicles in their space during market hours, i.e., refrigerated vehicles for perishable goods such as seafood, meats and cheeses. (Using the vehicle as a product storage area or to keep warm or dry on inclement days is not considered integral to business.) Vehicle usage on site requires prior approval by Green Market Management and vehicles pennitted will be limited to a pick-up, a 1.5 ton truck or van. - All other vendors may bring their vehicles to their space each morning to unload their equipment and product, but must have their vehicles moved no later than 6:55 a.m. Failw-e to do so will result in a fine of $10.00. NOTE: Please be courteous to your fellow vendors when unloading your materials at your space by ensuring you park your vehicle as closely to your space as possible to leave enough room for everyone to drive arOlmd you. - NO MOVING VEHICLES ARE ALLOWED ON THE SITE DURING GREEN MARKET OPERATING HOURS, 7:00 a.m. TO 1:00 p.m. DISPLAY and PRESENTATION - Market Management will have the responsibility and the right to control the "LOOK" and "VISUAL IMPACT" of the Green Market site. - Vendors are responsible for the display and presentation of their product, however, if it is detennined that a vendor display is detracting for overall site presentation and does not meet management's standards, an improvement can be mandated. Maricet Management will work with the vendor(s) and provide information and suggestions to help enhance the display and product presentation. (We have information available for "Market's all over North American that explain and show how effective display and presentation of product increase Green market attendance J!lli! Vendor sales and revenues. ) PLEASE NOTE: Due to Health Regulations, products sold in an outdoor public space must now be displayed, stored and sold from a smface above the ground. This means that ALL vendors will need tables, shelves, cases or other such structures to showcase, store and sell their products from while at the Green Market. GREEN MARKET CANCELLATION POLICY *IMPORT ANT Should a Saturday Green Market have to be canceled due to severe weather conditions, Green Market Management will make the decision to cancel QR delay opening by 5:30 a.m., Saturday monung, - A telephone message advising vendors of the decision will be recorded and can be retrieved by calling (561) 276-8640, If there is ever any doubt about a weather consideration, please call the noted number, and if the decision to open the Green Market is made - all Vendors must attend, VENDOR ATTENDANCE All vendors who have reserved space, whether seasonal, monthly or weekly, and are unable to attend the Green Market on a given Saturday must advise the Green Market office 24 hours in advance of Green Market day "and if unable to attend, will allow Market Management to rent their space, if possible, for that particular day, Failw-e to provide adequate (24-hour) notice of absence more than two (2) times will result in loss of space and loss of fees paid in advance, . PROMOTIONAL ACTIVITIES and SPECIAL EVENTS "Regular vendc.-s (meaning verxkrs who cxme every Saturday whether they pay for the season. the month or the week) will be required to contribute diSCOWlt coupons for promotional events and packages, as required, to a combined total of $50 for the season. Each vendor will be asked to produce their own coupons making sure they promote their products, their business and the Historic Delray Green Market. MISCELLANEOUS GREEN MARKET RULES - No games of chance allowed. - No open containers or use of alcholic beverages are allowed. - Distribution of religious and political materials is prohibited. - Vendors are responsible for collecting their own sales tax. - Rules are subject to change without advance notice. ENFORCEMENT OF RULES l. The MARKET MANAGER is responsible for enforcing the Market Rules. Possible violations will be discussed and resolution attempted. Growers selling prohibited items will be asked to remove those items from sale or leave the Market. Unresolved problems will be referred to the Market Management Board. Continued violations will result in being banned from the Market with no reimbursement of fees paid. 2. N:W GrowerlSellerNendor challenging another Vendor's product legitimacy or conduct must file a written complaint with the Market Manager, giving the name of the Vendor and the product or situation they feel may not be in compliance with Market policies. The complainant must date and sign their name to the complaint and the Market Manager will attempt resolution. If resolution is not possible, then the complaint will be referred to the Market Management Board. Name of Business Print Name Date Signature VENDOR FEE SCHEDULES and RENTAL FEES for HISTORIC DELRAY GREEN MARKET A. VENDOR'S FEES The Historic Delray Green Market charges each participating Vendor a fee for the use of stall space and the opportunity to sell approved products at the Historic Delray Green Market. These fees are used only for the operating expenses involved in running the Historic Delray Green Market. such as: - Advertising, Promotional and Special Events: newspaper/radio advertising, flyers, posters, street banners. - Producing Special Events: Openings, Easter events, etc. - Site Operating Costs: set-up and tear-down, garbage removal and site supplies, etc. - Capital Costs: i.e., umbrellas and tents, outdoor customer seating, signage, etc. - Administrative Costs: i.e., telephone, supplies, personnel, etc. The Vendor fee structure is broken into three (3) categories: 1. SEASONAL = $240/season - Includes all 20 Saturdays from January 4, 1997 to May 17, 1997, plus 1 additional Sunday market. - Seasonal Vendors will be given fIrst priority for permanent space assignment. - TOTAL FEE OF $240 MUST BE PAID IN FUlL lWO (2) WEEKS PRIOR TO OPENING (NO LATER THAN DECEMBER 20, 1996) 1. MONTHLY = $60/month - Includes one (1) month of Saturdays only between January 4, 1997 and May 17, 1997. - Monthly vendors will be given second priority for space assigmnent with option to renew same space for additional month(s) if available ($60 each additional month). - FEE OF $60 MUST BE RECEIVED ONE WEEK PRIOR TO THE BEGINNING OF EACH SCHEDULED MONTH. 3. WEEKLY = $15/week - Includes one (1) Saturday only. - Space assignment will be on a first come/first served basis. - FEE OF $15 IS DUE UPON ARRIV ALAT THE SITE EACH MORNING TO THE GREEN MARKET SITE MANAGER AND MUST BE PAID PRIOR TO SET-UP. TERMS AND CONDITIONS OF FEE SCHEDULES NO REFUND will be made for Monthly or Seasonal fees paid iUhe Vendor decides to no longer participate at the Market or is banned from the Market. , B. UMBRELLA AND TENT RENTALS The Historic Delray Green Market has Umbrellas and Tents available for rent. t. UMBRELLAS = SSlDay; S7SlSeuOD - Umbrellas are multi-colored with solid bases and measure 7' X 7' in dimension. They are very attractive but do not totally protect from the S\Ul, heat and rain. - There are a limited nwnber ofwnbrellas and they are subject to availability. Seasonal vendors have first priority. - Rental fee includes drop-off and pick-up tolfrom the stall each Saturday and storage during the week. Seasonal vendors must store their own and pay a $100 refundable deposit. 2. TENTS = StOlDay; SlS0/Seuon - Tents are whitelbeige canvas and measure approximately 10' X 10' in dimension. They provide sufficient protection from the sun, heat and rain. - There are a limited nwnber of tents available for rent. Seasonal vendors have first priority. - Rental fee includes drop-off and pick-up to/from Vendor's stall each Saturday and storage during the week. Seasonal vendors must store tent and pay a refundable deposit of$150. 3. UMBRELLA AND TENT PURCHASE - The Green Market is also pleased this year to offer the opportunity to Vendors to purchase a tent through our own supplier at a discounted price due to our bulk order arrangement. Please indicate on the application form whether you are interested in receiving information about this product. - Vendors, though, may also purchase their own, pre-approved umbrellas and tents which must be similar to the ones owned by the Historic Delray Green Market. (please present a picture for approval.) - Vendors are responsible for the storage, transportation and set-up of their own umbrellas and tents. VENDOR LICENSING, INSURANCE and PERMIT REQUIREMENTS for HISTORIC DELRA Y GREEN MARKET A. LICENSING REQUIREMENTS Both Pahn Beach COlmty and The City ofDelray Beach have statutory laws that mandate specific licenses that allow vendors to sell approved products at The Historic Delray Green Market location. Vendors are responsible for the cost of these licenses and must obtain them prior to participating in the Green Market. 1. Palm Beach County Occupational License - category OD-020 is required. Even if you already possess a County Occupational License, you must purchase the additional OD-020 license because it is the one that allows you to do business outside your retaiVwholesale establishment and specifically at the Historic Delray Green Market. Total cost ofOD-020 = 530.00 2. The City of Delray Beach also requires an occupational license which allows you to sell at the Historic Dekay Green Market location. Please make check payable to City of Delray Beach and forward with your vendor application. Total cost of Occupational License = 512.50 IMPORTANT: If you are a horticultural, agricultural or farm producer selling products grown by you, you are EXEMPT from these license requirements. You do, however, require a Growers Permit, which can be obtained from the Agricultural Extension Office in the County where the crops are grown. B. INSURANCE REQUIREMENTS 1. Every vendor must provide their own insurance policy/policies of Public Liability and Property Damage Insurance. The City of Dekay Beach Community Redevelopment Agency does not cany insurance policies to cover individual vendors. 1. If you are in the business of manufacturing, processing, packing, holding, preparing or selling food at wholesale or retail you must provide the City ofDelray Beach Community Redevelopment Agency a copy of your Product Liability Insurance naming the City of Delray Beach Community Redevelopment Agency as additional insured. C. PERMIT REQUIREMENT 1. If you are in the business of manufacturing, processing, packing, holding. preparing or selling food at wholesale or retail, you must obtain a Food Permit from the State of Florida Department of Agriculture (1-800-HELPFLA) and provide the City of Del ray Beach Community Redevelopment Agency with a copy, VENDOR ELIGIBILITY and PRODUCT ELIGIB~ITY for THE HISTORIC DELRA Y GREEN MARKET A. VENDOR ELIGIBILITY REQUIREMENTS 1. GROWER ELIGffiILITY To qualify as a grower and owner of a crop the following must apply: a. PRODUCE FARMER - Grower who produces fresh fruits, vegetables and nuts from seeds, transplants or cuttings and has sole ownership of the crop. The grower must be the person responsible for all operations relating to the production of that corporation. b. PLANT PRODUCERJNURSER YMAN - Grower who produces ornamental plants from seeds, cutting or plants that they have pwcl1ased as seedlings and has sole ownership of the corporation. Purchased seedlings must be grown for at least three weeks on the grower's premises before they can be offered for sale at the market. The grower must be the person responsible for all operations relating to the production of that corporation. NOTE: If you qualify as a grower, you are exempt from COWlty and state occupational license requirements. You do require, however, a valid Grower's Pennit issued by the Agricultural Extension office in the COWlty where the crops are grown. 1. NON-GROWER ELIGffiILITY All other vendors (non-growers) can qualify if they meet the licensing requirements outlined in this package and meet the following product eligibility requirements, 1. SPECIAL VENDOR Two spaces each Saturday will be made available, on a rotating basis, for NON-PROFIT ORGANIZATIONS to use the Green Market as a fund raising opportunity. They are exempt from license requirements and will be allowed to sell baked goods or products that have been developed by their organization as fund-raising items. All non-profit products must be pre- approved by the Management Board. B. PRODUCT ELIGIBILITY ONLY those products that fall within the guidelines of the following categories will qualify and be allowed for sale on the Delray Historic Green Market site: 1. PRODUCE * Grade A quality produce. * Organic produce. * Preference will be given to local, COWlty, and state growers, 2. FRUITS * All fresh fruit products including fresh squeezed juices. * Preference will be given to local, COWlty, and state growers. 3. BAKED GOODS . Breads (home baked, specialty, harvest, etc.) . Pastries, Cookies, Cakes, Pies, etc. . Bagels, Muffms, Scones, etc. 4. FRESH SEAFOOD . All types of fresh and specialty seafood. . Proper refrigeration will be required. 5. FRESH MEAT and POULTRY ... Basic meat and poultry products. ... Specialty/gourmet products. ... Proper refrigeration will be required, 6. DAIRY PRODUCTS . Local and Imported Cheeses. . Fann Fresh Eggs. . Specialty Butter and Cheese Spreads. 7. GOURMET and SPECIALTY PROCESSED FOODS . Pastas and Sauces, Pates, Soups, and Stock, etc. . Ethnic Specialty Foods. 8, SPECIALTY PROCESSED FOODS . Jam, Jelly, Relishes, Pickles, Sauces, Mustards, Salad Dressings, Salsas, etc. . Infused Vinegars and Oils. . Ice CreamIY ogurt. . Spices and Herbs, 9. GRAINS and NUTS . Rice, Beans, Grains, etc. . Dried, Roasted, and Fresh Nuts. . Dried Fruit. 10. SPECIALTY COFFEE AND TEAS 11. RESTAURANTSIFOOD VENDORS A limited number of spaces will be made available for a select number of high quality food vendors and restaurants to provide Green Market shoppers with breakfast, lunch, and snack products such as: . Sandwiches, Hotdogs, Pizza, Barbeque, Ethnic Cuisine . Breakfast products such as Pancakes, Waffies, Muffins, etc. . IMPORTANT: CarmedlBottled Beverages (sodas, water, juice, iced tea, etc.) cannot be sold by any Vendor on the Green Market site. Pepsi-Cola has agreed to sponsor our new "GREEN MARKET COLD DRINK OASIS.. They have been given exclusive rights to provide all bottledJcarmed cold drink products on site and will give Delray Beach non- profit organizations who wish to participate an opportunity to sell these products to raise money for their organizations, PLEASE NOTE: Vendors who make or produce their own fresh beverages such as fruit juices, coffee, iced tea, lemonade, etc. may continue to sell these items. 12. PLANTS . Local Nursery and Landscaping Plants and Trees . Herbs 13. FLOWERS . All types of fresh cut or potted Flowers . Dried Flowers will only be permitted if the Vendor is also selling fresh flowers or plants. 14. CRAFTS The City of Dekay Beach Community Redevelopment Agency will restrict the number of craft vendors at the Green Market. As a result, the only crafts allowed for consideration are: . Items that compliment food products and are made from plant materials and plant products (i.e. baskets, trays, straw hats, and bags) or . Items that compliment plant products and are made from natural products (i.e. clay, hand paintedlhandmade pots) only if the vendor is selling fresh plants and flowers. ~FORMATIONANDSU~YSHEET FOR HISTORIC DELRA Y GREEN MARKET 1. DATES OF OPERATION Every Saturday from January 4,1997 to May 17, 1997 Also, the Sunday dwing the Delray Affair, a 3-day craft event which attracts over 200,000 patrons, will feature the Green Market. 2. HOURS OF OPERATION Seasonal vendors will not pay any extra for the event. Set-Up 6:00 a.m. - 7:00 a.m. Open to Public 7:00 a.m. - 1:00 p.m. Break Down 1:00 p.m. - 2:00 p.m. (absolutely no break down before 1:00 p.m.) 3. LOCATION On NW 1st Avenue in the Community Redevelopment Agency's parking lot, 1h block north of West Atlantic Avenue. Across the street is Delray Beach's $5,000,000 tennis stadium, the Parks and Recreation Community Center and City Hall. One block east is the Old School Square Cultural Center. 4. VENDOR FEES Seasonal $240.00/season (every Saturday during the Green Market season plus one additional Sunday market during the Delray Affair) Monthly $60.oo/month (one month of Saturdays) Weekly $15.00/Saturday (one Saturday only) 5. ELIGIBLE PRODUCT CATEGORIES Produce Dairy Products Fruits Specialty Prepared Foods Baked Goods Specialty Processed Foods Seafood Grains and Nuts Meats and Poultry Specialty Coffee and Teas RestaurantIFood Vendors Plants Crafts (must meet Board's restrictions) flowers 6. UCENSING/PERMIT/lNSURANCE REQUIREMENTS All vendors, other than growers (direct farm producers) require: 1. Palm Beach County Occupational License (00-020) - $30.00 2. City of Delray Beach Occupational License (mobile vendor's license) - $12.50 Growers require a grower's pennit only. All vendors, including growers, require their own public liability and property damage insurance. Vendors who manufacture, prepare, process, handle or sell foods at wholesale or retail require Product Liability Insurance naming the City of Delray Beach Community Redevelopment Agency as additional insured and must also obtain a Food Pennit from the State of Florida Department of Agriculture. 7. MARKETING & PROMOTIONAL PLANS Advertising Campaigns: * Two vendor recruiting advertisements * Two opening announcement advertisements * One advertisement each month for the duration of the Green Market highlighting special events and promotions. Special Events: * January "Opening Day" * February * March * April * May "Closing Event" Promotions: * Other downtown events * Partnerships with community and non-profit organizations Radiorrv Interviews Street Banners, Flyers, and Posters Corporate Sponsorships 8. SITE SERVICES AND ENTERTAINMENT THE GREEN MARKET COLD DRINK OASIS. Pepsi Cola will be the exclusive provider of packaged beverages and will give neighborhood associations and non-profits of Delray Beach an opportunity to raise money by selling these beverages on site. CHILDREN'S STORY TELUNG. The City ofDelray Beach Library will bring the new Bookmobile to the Green Market site each Saturday from 9:15 a.m. to 10:00 a.m. and will provide children story tellers from 10:00 a.m. to 11:00 a.m. ENTERTAINMENT. Performing artists from Old School Square will provide live, site entertainment. Will feature chefs from some of Delray Beach's leading restaurants. Clefs will provide weekly demonstrations of their culinary talents and provide delectable taste sampling. NON-PROFIT OPPORTUNITIES. Each Saturday a booth will be made available free of charge, including tables to non-profit organizations to sell baked goods or products they have developed to raise funds for their organizations. HISTORIC PALM BEACH COUNTY PRESERVATION BOARD, located at the Green Market, will provide museum tours and information about preservation. THE GREEN MARKET INFORMATION BOOTH. For additional information, call Diane Hervey at the Green Market office at (561) 276-8640. . VENDOR APPLICATION for HISTORIC DELRA Y GREEN MARKET Every Saturday - January 4, 1997 to May 17, 1997 -7:00 a.m. to 1:00 p.m. Sunday, AprilS, 1997 - 7:00 a.m. to 1:00 p.m. It is important that you read and fill in this form completely - PLEASE PRINT CLFARL Y NAME(S): BUSINESS NAME: MAILING ADDRESS: CITY STATE ZIP PHONE: ( ) ( ) BUSINESS HOME SOCIAL SECURITY #: TAX ID #: 0 PRODUCE: (specify) Where is it grown? 0 FRUIT: (specify) Where is it grown? 0 BAKED GOODS: (specify) Where are they prepared? 0 SEAFOOD: (specify) 0 MEATS: (specify) 0 DAIRY PRODUCfS: (specify) Where are they processed? . . 0 SPECIALTY FOOD PRODUcrS: (specify) Where are they prepared? 0 SPECIALTY/GOURMET PREPARED FOOD PRODUcrS: (specify) Where are they prepared? 0 FOOD/RESTAURANT VENDOR: (specify) Where is it prepared? 0 CUT FWWERS: Where are they grown? 0 PLANTS: Where are they grown? 0 OTHER: (specify) APPLYING FOR: 0 SEASONAL: S240ISEASON (20 WEEKS PLUS 1 ADDmONAL SUNDAY) 0 MONTHLY: S6OIMONlli (INDICATE DESIRED MONlliS) 0 WEEKLY: S15/DA Y (INDICATE DESIRED SATURDAYS) AM INTERESTED IN: 0 UMBRELlA RENTAL @ $5.00/DA Y 0 TENT RENTAL@ $10.00/DAY 0 ELECTRICAL RENTAL@$5.00IDAY (please provide your own extension cord.) 0 WATER 0 RECEIVING INFORMATION ABOUT TENT PURCHASE THROUGH OUR GREEN MARKET DISCOUNT PURCHASE PROGRAM 0 DElRA Y BEACH OCCUPATIONAL UCENSE @ $12.50 (Make check payable to City of Delray Beach and forward with your vendor application.) . If mailing check, please make payable to Historic Delray Green Market and attach with APPUCATION. Mail to: Historic Delray Green Market, 24 North Swinton Avenue, De1ray Beach, FL 33444 PLEASE SUPPLY COPIES OF THE FOLLOWING: (see Licensing, Insurance, and Permit Section for details) 0 Insurance Certificate 0 Certificate with Tax ID # 0 Existing City of State Licenses 0 Certified Grower Certificate (for Growers only) 0 Health Permit (for FoodlRestaurant Vendors only) 0 Food Permit and Proof of Product Liability Insurance (for Processed and Prepared Food Vendors only) 0 Copy of Initialed and Signed Copy of Green Market Rules and Regulations AGREEMENT . I have attached a signed and initialed copy of the Historic Delray Green Market Rules and Regulations indicating that I agree to abide by said Rules and Regulations. Further, I understand that any violation of these rules or hazard to the public will cause immediate revocation of my Green Market Permit . I agree to sell only those products approved by the Historic Delray Green Market Management and Board. . I acknowledge full responsibility for all my activities at the Green Market for those assisting me, and I agree to defend, hold harmless, and indemnify the City of Delray Beach Community Redevelopment Agency for any law suits, claims, and other actions which arise from my conduct. . I understand that the City of Delray Beach Community Redevelopment Agency does not carry insurance policies to cover individual vendors, and that I am required to provide my own coverage. Name: Date: Signature: . ' Q SPECIALTY FOOD PRODUCTS: (specify) Where are they prepared? Q SPECIALTY/GOURMET PREPARED FOOD PRODUCTS: (specify) Where are they prepared? 0 FOOD/RESTAURANT VENDOR: (specify) Where is it prepared? 0 cur FLOWERS: Where are they grown? 0 PLANTS: Where are they grown? 0 OrnER: (specify) APPLYING FOR: 0 SEASONAL: S240ISEASON (20 WEEKS PLUS 1 ADDmONAL SUNDAY) 0 MONTHLY: S6G'MONTH (INDlCA TE DESlRED MONTHS) 0 WEEKLY: Sl5/DA Y (INDlCA TE DESlRED SATURDAYS) AM INfERESTED IN: a UMBRELLA RENTAL@$S.OOIDAY a TENT RENTAL @ $10.00IDA Y a ELECTRICAL RENTAL @ $S.OOIDA Y (please provide your own extension cord.) a WATER a RECEIVING INFORMATION ABOUT TENT PURCHASE TIIROUGH OUR GREEN MARKET DISCOUNT PURCHASE PROGRAM Q DELRA Y BEACH OCCUPATIONAL UCENSE @ $12.50 (Make check payable to City of Delray Beach and forward with your vendor application.) If mailing check, please make payable to Historic Delray Green Market and attach with APPUCATlON. Mail to: Historic Delray Green Market, 24 North Swinton Avenue, Dc1ray Beach. FL 33444 PLEASE SUPPLY COPIES OF THE FOLLOWING: (see Licensing, Insurance. and Permit Section for details) a Insurance Certificate a Certificate with Tax ID # a Existing City of State Licenses a Certified Grower Certificate (for Growers only) a Health Pennit (for FoodlRestaurant Vendors only) a Food Permit and Proof of Product Liability Insurance (for Processed and Prepared Food Vendors only) a Copy of Initialed and Signed Copy of Green Market Rules and Regulations AGREEMENT . I have attached a signed and initialed copy of the Historic Delray Green Market Rules and Regulations indicating that I agree to abide by said Rules and Regulations. Further, I understand that any violation of these rules or hazard to the public will cause immediate revocation of my Green Market Permit . I agree to sell only those products approved by the Historic Delray Green Market Management and Board. . I acknowledge full responsibility for all my activities at the Green Market for those assisting me, and I agree to defend, hold harmless, and indemnify the City of Delray Beach Community Redevelopment Agency for any law suits, claims, and other actions which arise from my conduct. . I understand that the City of Delray Beach Community Redevelopment Agency does not carry insurance policies to cover individual vendors, and that I am required to provide my own coverage. Name: Date: Signature: