08-08-95 Workshop/Regular
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DElRA Y BEACH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION ' l 0 . I 0 ...
be:d
WORKSHOP MEETING - AUGUST 8. 1995 - 6:00 P.M. AII.America Cit,
COMMISSION CHAMBERS " III
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The City will furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph 243-7127 (voice) , o~ 243-7199 (TDD) , 24 hours prior to
the program or activity in order for the City to reasonably accom-
modate your request. Adaptive listening devices are available for
meetings in the Commission Chambers.
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AGENDA
fo~rPcm ~ +0 g//5/95 .
(1) FULL SERVICE CENTER: Discussion with Dr. Cynthia
Principal of the Delray Full Service Center.
(2) PROPOSED AMENDMENTS TO THE COMMUNITY REDEVELOPMENT PLAN:
Review proposed amendments to the CRA's Community Redevelop-
ment Plan. L.J..€m 7. c:.. .
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At the conclusion of the work session, the Commission will adjourn
to the Regular meeting.
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Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal
is based. The City neither provides nor prepares such record.
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING
DElRA Y BEACH
AUGUST 8. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. ~
POSTPONED AND AMENDED FROM AUGUST 1. 1995 AlI,AmerieaCity
(ADDITIONAL ITEMS DESIGNATED BY ASTERISK) , 1111 '
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243 -7127
(voice) or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
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RULES FOR PUBLIC PARTICIPATION ___
1. PUBLIC COMMENT: The public is encouraged to offer comment8 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 Com-
mission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). 'l'he 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 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, indi-
viduals 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 ad-
dress 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 complet~ 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 com-
ments must be addressed to the Commission as a body and not to individu-
als. Any person making impertinent or slanderous remarks or who becomes
boisterous while addressing the Commission shall be barred by the presid-
ing officer from speaking further to the Commission unless permission to
continue or again address the Commission is granted by majority vote of
the Commission member present.
.
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 meet-
ing, 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 July 11, 1995
6. Proclamations:
A. Recognizing and commending Michele Safford on her achievements
at the 1995 Special Olympics World Games
B. Florida Water and Pollution Control Operators Week - August 14
through 18, 1995.
7. Presentations:
A. Government Finance Officers Association's Distinguished Budget
Presentation Award
B. Marie Horenburger - South County Convention Center Site
8. Consent Agenda: City Manager recommends approval.
A. EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM AGREEMENT
WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve an
agreement between the City and the Florida Department of Commu-
nity Affairs (DCA) regarding Evaluation and Appraisal Report
Assistance Program funding.
B. SUBSIDIZED LOAN AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT
AGENCY, SUN BANK/SOUTH FLORIDA. AND THE CITY: Approve a Subsi-
dized Loan Agreement between the City, the CRA, and Sun
Bank/South Florida, N.A. as a participating bank in the subsi-
dized loan program.
C. EXTENSION OF RIGHT OF FIRST REFUSAL AGREEMENTS/SEACREST PROPER-
TIES: Approve an extension of the expiration date from July
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31, 1995, to September 25, 1995, in the Right of First Refusal
Agreements with NationsBank and Mr. Patel for the two proper-
ties located at 2200-2300 and 2228 Seacrest Boulevard, known as
the Seacrest Properties.
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D. AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT: Approve an
Amendment to the Golf Course Management Agreement with BJCE,
Inc. in view of the City's acquisition of the Lakeview Golf
Course.
E. FINAL PAYMENT/GEE AND JENSON EAP, INC. : Approve final payment
in the amount of $755..00 to Gee and Jenson for consulting
services in conjunction with the City Hall Hurricane Hardening
Measures project, with funding from 334-6111-519-62.10.
F. PETROLEUM PRODUCTS SUPERFUND SITE COOPERATING PARTY AGREEMENT:
Reject the Petroleum Products Superfund Site Cooperating Party
Agreement as recommended by the City Attorney.
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Approve .
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period July 17 through July 28,
1995.
H. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - to Aikman Corporation for the construction of
two restroom facilities at the Municipal Golf Course, in
an amount not to exceed $42,200, from 445-4761-572-62.10
through budget transfer from 445-4761-572-63.90 and 64.90.
2. Bid Award - to Florida Design Contractors, Inc. in the
amount of $963,653.50 for the final phase of the first
stage development of the Morikami Wellfield, with funding
from 440-5179-536-63.61, through budget transfer from
440-5179-536-63.54, 55, 56, 57, 58.
9. Regular Agenda:
* AA. RESOLUTION NO. 54-95: A resolution authorizing the negotiated
sale of the City's Utility Tax Revenue Bonds for Lakeview Golf
Course.
A. CONDITIONAL USE REOUEST/LOMONOCO GARDEN APARTMENTS: Consider a
request for conditional use approve I from National Recovery
Institutes Group to allow the establishment of an outpatient
alcohol and drug treatment facility in the RM (Medium Density
Residential) District for Lomonoco Garden Apartments located on
a 2.5 acre parcel at the northeast corner of S.W. 8th Avenue
and Linton Boulevard.
B. RESOLUTION NO. 55-95/ABANDONING A PORTION OF N.E. 1ST COURT:
Consider a request for abandonment of a portion of the N.E. 1st
Court right-of-way lying east of N.E. 7th Avenue at the eastern
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end of N.E. 1st Court adjacent to the Intracoastal Waterway.
The Planning and Zoning Board recommends denial.
C. AFTER SCHOOL PROGRAM FUNDING: Provide direction concerning
funding of the After School Program in view of the ,$61,000
reduction in grant money from the Children's Services Council
for the 1995/96 Program.
D. SPECIAL EVENT REOUEST/FOTOFUSION '96: Consider a request for
special event approval from Palm Beach Photographic for
"FotoFusion ' 96" , from January 30 through February 4, 1996, to
include endorsement of 'the event, waiver of City facility
rental fees for all sites except the Tennis Stadium, and a
reduction of the Tennis Stadium fee.
E. TATE V. CITY OF DELRAY BEACH/SETTLEMENT: Consider two actions
proposed by the City Attorney's Office with respect to the
referenced matter.
F. CONTRACT ADDITION (C.O. #12)/CHAZ EOUIPMENT COMPANY. INC. : .
Consider a Contract Addition (Change Order No. 12) in the
amount of $22,500.00 with Chaz Equipment Company, Inc. for the
emergency removal and replacement of a deteriorated manhole on
High Point Boulevard North, with funding from 442-5178-536-
61.84.
G. CONTRACT ADDITION (C.O. #l)/HARDRIVES OF DELRAY. INC. : Consid-
er a Contract Addition (C.O. #1) in the amount of $90,737.50
with Hardrives of Delray, Inc. for the construction of a bike
path and sidewalk on the south side of Germantown Road to serve
the new Orchard View Elementary School, with funding from
334-3162-541-63.11.
H. LAKEVIEW GOLF COURSE INSPECTIONS/CAPITAL ITEMS: Consider
approval of a revised capital budget for bringing the Lakeview
Golf Course up to City standards and correcting deferred main-
tenance.
* 1. LAKEVIEW GOLF COURSE/BUDGET FOR 1994-95: Consider approval of
the Lakeview Golf Course budget for FY 1994-95.
J. SETTLEMENT OFFER/HAYNES VS. CITY OF DELRAY BEACH. ET AL:
Consider a proposed settlement offer in the referenced matter.
City Attorney recommends approval.
K. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three
members to the Planning and Zoning Board for two year terms
ending August 31, 1997.
L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint three members to the Site Plan Review and Appearance
Board for two year terms ending August 31, 1997.
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M. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three
members to the Historic Preservation Board for two year terms
ending August 31, 1997.
N. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two,regular
members and two alternate members to the Board of Adjustment
for two year terms ending August 31, 1997.
O. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint
four members to the Board of Construction Appeals for two year
terms ending August 31, 1997.
* P. CHANGE ORDER NO. 2/WEST ATLANTIC BEAUTIFICATION: Consider
Change Order No. 2 in the amount of $14,606 and a 45 day
increase in contract time to Regal Contractors, Inc. for the
removal of compacted shellrock in the medians with funding from
334-4141-572-61.31.
10. Public Hearings:
.
A. ORDINANCE NO. 36-95: An ordinance annexing a parcel of land
located 70 feet east of Swinton Avenue and south of Tangerine
Trail (if extended westward); establishing initial zoning of
R-1-AA (Single Family Residential) District; and providing for
a Small Scale Future Land Use Map amendment from County MR-5
(Medium Residential - 5 units per acre) to City Low Density
Residential.
B. ORDINANCE NO. 38-95: An ordinance rezoning a parcel of land
located on the west ~ide of S.W. 5th Avenue, immediately south
of Straghn Funeral Home, from RM (Medium Density Residential)
District to GC (General Commercial) District.
1. CONDITIONAL USE APPROVAL FOR CHAPEL ADDITION TO STRAGHN
FUNERAL HOME: Consider a request for conditional use
approval to add a chapel addition, 33 parking spaces and
associated landscaping to the existing Straghn Funeral
Home located on the west side of S.W. 5th Avenue, south of
West Atlantic Avenue.
/C. ORDINANCE NO. 40-95: An ordinance amending Article 7.9,
"Docks, Dolphins, Finger Piers, and Boat Lifts", of the Land
Development Regulations by modifying the review authority and
appeal procedure, and providing clarification on various stan-
dards.
D. ORDINANCE NO. 41-95: An ordinance amending Chapter 35 of the
City Code concerning the General Employees Pension Plan.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Bearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. First Readings:
A. ORDINANCE NO. 42-95: An ordinance annexing to the City a 94.14
acre parcel of land known as Blood's Hammock Groves. The
subject property is located on the south side of Linton Boule-
vard, east of Military Trail. If passed, public hearing on
September 5, 1995.
B. ORDINANCE NO. 43-95: An ordinance annexing an 18.10 acre
parcel of land known as the Jones Property and establishing
initial zoning of RM-6 (Medium Density Residential - 6 units
per acre) , in part, and'RM (Medium Density Residential - 6 to
12 units per acre), in part. The subject property is located
on the north side of West Atlantic Avenue, immediately east of
the Carver Middle School site. If passed, public hearing on
September 5, 1995.
C. ORDINANCE NO. 44-95: An ordinance adopting Comprehensive Plan
Amendment 95-1, including four amendments to the Future Land
Use Map (FLUM) as indicated below. If passed, public hearing .
on September 5, 1995.
1. Blood's Hammock Groves from County MR-5 (Medium Density
Residential) to City Transitional, Medium Density Residen-
tial, Low Density Residential, and Open Space.
2. Jones Property from County HR-8 (High Density Residential)
and MR-5 (Medium Density Residential) to City Medium
Density Residential.
3. Northwest area amending the City Advisory designation from
Rural Residential to Low Density Residential, in part, and
Transitional, in part.
4. Removing the Large Scale Mixed Use designation from the
former Marina Cay site.
D. ORDINANCE NO. 45-95: An ordinance amending LDR Section
4.4.10(G) (5) (c) regarding restrictions on advertising on auto-
mobiles in the AC (Auto Commercial) District. If passed,
public hearing on September 5, 1995.
E. ORDINANCE NO. 46-95: An ordinance amending the Land Develop-
ment Regulations regarding platting requirements and proce-
dures. If passed, public hearing on September 5, 1995.
F. ORDINANCE NO. 47-95: An ordinance adopting Comprehensive Plan
Amendment 92-3 as a remedial amendment to the Comprehensive
Plan pursuant to the provisions of the Stipulated Settlement
Agreement between the City and the Florida Department of Commu-
nity Affairs. If passed, public hearing on September 5, 1995.
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13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
1. Status Report on the Ramblin' Rose
2. Schedule for budget work sessions
B. City Attorney
C. City Commission
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WHEREAS, the 1995 Special Olympics World Games were
held at Yale University in New Haven, Connecticut, from July 1
through July 8, 1995, with 7,200 athletes from 140 countries
competing; and
WHEREAS, the Florida delegation of some 115
athletes was lead by Michele Safford of Delray Beach; and
WHEREAS, Michele is a versatile athlete, being
proficient as both a swimmer and speed skater. She has not
lost a swimming race in the last ten years and has gone
unbeaten in the two years she has skated competitively; and
WHEREAS, Michele made the decision to compete in
the 1995 Special Olympics World Games as a speed skater since
skating lIis more funll and she likes to IIgo fast and winll; and
WHEREAS, Michele proved to herself and the world
that indeed this was the right decision. She won a Gold Medal
in both the 500 meter and 200 meter relay races and a Bronze
Medal in the 300 meter race.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby commend and recognize
MICHELE SAFFORD
as an outstanding 'World Olympic Athlete' and congratulate her
for her many accomplishments. We encourage her to continue in
competition and to enjoy her status as a 'World Class
Olympian' .
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of August, 1995.
MAYOR
THOMAS E. LYNCH
c,A
SEAL
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WHEREAS, the health and welfare of our residents
are of vital state and national concern; and,
WHEREAS, the Florida Water and Pollution Control
Operators Association is a statewide organization dedicated
to maintaining water quality in Florida; and,
WHEREAS, these trained, dedicated, and
knowledgeable operating personnel maintain water and waste
water plants throughout the State of Florida; and,
WHEREAS, the Operators Association conducts
operating training throughout the State at the 12 regional
levels and acts as liaison between the Department of
Environmental Protection (DEP) and operators in the field;
and, .
WHEREAS, the Association reviews and assists in
supervising State certification examinations and coordinates
the statewide plant operations awards program with the
Department of Environmental Protection.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim August 14 through August 18,
1995, as
FLORIDA WATER AND POLLUTION CONTROL OPERATORS WEEK
in Delray Beach, and urge all residents to join in saluting
the contributions of these persons to the improved water and
sanitation conditions of our state.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 1st day of August, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
10. 13.
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GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue. Suite 800, Chicago. Illinois 60601
312/977-9700. Fax: 312/977-4806
June 7, 1995
PRESS RELEASE
For Further Information Contact
RELEASE IMMEDIATELY Stephen J. Gauthier (312) 977-9700
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CHICAGO-- The Government Finance Officers Association of the United States and
Canada (GFOA) is pleased to announce that the City of Delray Beach, Florida has received
GFOA's Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the jurisdiction. It reflects the
commitment of the governing body and staff, to meeting the highest principles of
governmental budgeting. In order to receive the budget award, the jurisdiction had to
satisfy nationally recognized guidelines for effective budget presentation. These guidelines
are designed to assess how well a government's budget serves as:
a a policy document
a a fmancial plan
a an operations guide
a a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
Since the inception of GFOA's Distinguished Budget Presentation Awards Program in 1984,
approximately 650 jurisdictions have received the A ward. A ward recipients have pioneered
efforts to improve the quality of budgeting and provide an excellent example for other
governments throughout North America.
The Government Finance Officers Association is a nonprofit professional association serving
12,650government fmance professionals throughout North America. GFOA's Distinguished
Budget Presentation Awards Program is the only national awards program in governmental
budgeting.
WASHINGTON OFFICE 7A
1750 K Street. N.W.. Suite 650. Washington. DC 20006
202/429-2750 . Fax: 202/429-2755
.,
. . (j)O.eK 51;0,P f;;<)
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. CD Community p ~f. vl'ousl Lf c/"5HcibU /.E 0 .
. Redevelopment
-a Agency
Delray Beach , ,/
May 12..1995
David T. Harden. Qty Manager J..{ E-fteO A-S X+em
City of Delray Beach
100 N.W. 1st Avenue r.C-
Dclray Beach. Florida 33444 -::::::::-
RE: Redevelopment Plan Amendment
Dear Dave:
At its rcplar meeting on May 11. 1995. the CRA Board approved amendments to the
Community Redevelopment Plan. Attached is our amended Pian and a copy of CRA Resolution .
No. 95-4, reeommcnding to the City Commission that the Cmnmunity Redevelopment Plan be
modified, amended and ratified in its entirety in the fonn as attached.
PuJsuant to the CRAls adopted procedures for amendment of its Redevelopment Plan. the
proposed amendment should be reviewed by the LPA (p&2 Board) and determined not to be
inconsistent with the City's Comprehensive, Plan. The Plan is then fOlWarded to the City
("'~mmission with recommendations. Please initiate the process for adOption by the City
Commksinn. I have included 12 copies so that you have enough for both the P &. Z board ~d
the City Commission. along with 2 extra copies.
To assist in the review process the draft Plan includes shaded and strikeout notatiot1S depicting
additions and deletions since last year'. amendment to the Plan. Hieblipts of these changes
include the following:
I. Part Two: ExIsting Condltfoas has been updated to account for changes that have
occ:wrcd sinoe the last amendment of the Plan. Examples of this arc the formation at.' the
,Dew Central Business District-Railroad Corridor (CBD-RC) District (see page 2.1) that
is being established to eliminate non-conforming uses and expand the list of light
industrial uses around the FEe railroad corridor in the downtown area; and the annexation
of additionI'I pmpertics, includina the Swap Shop on N. Federal Highway (see page 2.12).
Additionally, the Existing Project Ust table on page 2.15 has been updated.
n. Part Three: Analysis has also been updated to account for changes that have oeeurred
since the last amendment of the Man. Examples of this are preparatioll of a Traffic
Concurrency Exception Area (TCEA) which will finally accomplish the goals of the
defunct GAB ($et f)Agc 3.9): and update of the Public School Table indicating ~hool
Capacity and Attendance on page 3.14.
DL Part Four: The RedevelopmeDt Program. which contains the project and program
section of the plan, has also been updated to acc:ount for modification or completion of
24 N. Swinton Avenue. Oelr~y Beach, FL 33444 (407) 276-8640/ Fax (407) 270-8558
TOd !lG\' <liId
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David T. Harden
May 12, 1995
project components. Additionally, several new programs have been added to the Plau.
A. Group "1": PlaDDJna
"1.2: "West AtJanUe A veDue ReclnelopmeDt PlaD"
0 The Backeround Section was updated to include the Deed for a Project Managet
0 The use of the FlOAT was changed to the Design Charrctto which occum:d in.
lQ93.
0 The project schedule was changed.
# 1.3:. "CBn DenlopmeDt Plan"
0 Updated to include preswation of a Traffie ConcurreDCy Exception Area (fCEA)
0 The project schedule was changed
B. Group "2": Redevelopment
"2.1: "Peach Umbrella Plaza"
0 Rehabilitation of existing buildings wu added to the P.baae. 4 descdption
0 The schedule for phase four was changed.
0 Additional property acquisitions were added to the projcc:t in Appendix "0"
, 2.2: "Affordable Boulal Program"
.
0 Prognun Description and Participants Sedionc were amended to include the
"Delray Renaissance Program"
, 2.3: "DowntowD Abcbor and ParldDl"
0 The BadcgrOund Section was updated
0 The phase descriptions and time schedules were amended
il2.4~ "Downtown Mixed Use Redevelopment Project" .
0 The Background Section was updated
0 The phase det.criptions and time schedules were amended to account for chana,e
I of strategy dealing with disposition of block 85 property.
I
I "2.5: "Block"6 & 184 Redevelopment"
0 The second bullet under project description was added to giv,c more flexibility in
ZOd .\\(}Va.\\d
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David T. Harden
May 12. 1995
dealing witb the parking lot to be constructed OD the block.
0 Phase 3 in Project Schedule cbanaed to 1994195
112.7: "PIneapple Grove Nelpborbood PlaD ImplemeotatJoD"
0 The program has been eliminated since the major clements of the program have
been incorporated into "Pineapple Grove Main Street"
, 2.1: "a.bker'. Row Pn\J~t Implemeatatfon"
0 Project has been completed.
"z.,: "Pineapple Grove Way Re"ltallzatfoD Prop-am"
0 Renamed "Pineapple ("rrnve Main Street"
0 All sections have updated to account for the formation of .Pineapple Grove Main
Street'"
1# 2.10: "Municipal TenDIs CeDCtr RehabllftatlOD"
0 Project Completed
, 2.11: "North Federal mp"ay Improvement Program"
0 Bac:kgrouud ~ection updated to eliminate reference to "The Anchnrage" project
. 0 Project Schedule amended
, 2.lZ: "Old School Square Cultural Center"
0 Project Completed
, 2.15: "Block 60 Redeorelopment"
0 Background ceetion wu updated
0 Project Schedule amended
.
, 2.16: "Block 161 Redevelopment.
, 0 Project Schedule amended to 1995/1996
,
,
, 2.17: "Peach UrnbnUa Plaza D.
0 Project Schedule amended to FY 1994/1995
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David T. Harden
May 12, 1995
c. Group "3": CoamnUllty .lmpro\'tMeDt..
'3.1: "eRA Subsidized LoaD Proaram"
0 Background Section was updated.
0 References to loans btmg no-irJt.=sl have been updated 10 subsidiZed loans with
subsidy levelt t4\ he policy of CRA Board
0 Grants added to funding sources.
i
! '3.2: "Site Dndopment Aalatancc Program."
,
I
I 0 Program De.~ptiOD Section was amended to allow for CRA Grants, based 011 a .
I pcrccotage of the 11F revenue to be &iven for relocation of historic structures,
"3.5: "Buslnell Development Procram"
1
;
0 Program description amended to include provisions for the formation of a small
business loan pool
0 Project part~jpants. funding sources and schedule amended
.
Eo Program of Reaulatory AdloDl
0 Program amended to ac.eount fnr completion. of items by the City
0 Fiprc S, page 4.39, has been updated
F. "!be Coat of Redevelopment
,
0 Table 4-1, page 4.40, .has been updated
F. Sources of Rec:levdopmeDt FuDdfaglUld DnaadDl
0 Speelal ~essment District ~jon has been updated to make reference to
"BaDketS Row"
0 Enterprise Zone eliminated
,
I G. Revenue ProJectloDS
0 Table 4-2, page 4.<< has been updated
H. Five Year Redevelopment Proaram aDd Fuadlng AllocatJoDS
0 Table 4-3. page 4.45 has been updated
tOd .ttaVa.tid
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David T. Hardcn
May 12, 1995 /
IV. Part Five: Goals, .Objectlves ADd Policies has been updated to aCCOunt fur completion
of projects. Completed items are so listed within this section,
"
0 Policy C-6.2 emended with re~d to CRA acquisifiOtt of Swap Shop, wJl'ch has
been aMcxed into the city.
V. Part Six: AppeDdfcel
A. Appl:GclJx D: Land A~uJsltfon Mapa. Pwpc:rty Acquisitions havo *11 updated.
B. Appendix E: Completed PrqJeets. Additional projects have been moved to tbis ..
Appendix
C. App~ndfx G: TeamJs Center Aareement. This is a new appendix. It includes tbe
agreement which specifics payments to be made by the CRA with regard to construction
of the Tennis Center.
I hope this brief discussion of the changes will help with the rcview. If you bave any questions,
pleasc call.
opher J. Brown
Executive Director
SOd MOVWId
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF
REPORT
MEETING OF: JUNE 19, 1995 .
AGENDA ITEM: VI.A. RECOMMENDATION TO THE CITY COMMISSION
REGARDING PROPOSED AMENDMENTS TO THE CRA 'S
COMMUNITY REDEVELOPMENT PLAN
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission regarding proposed amendments to the Community Redevelopment
Agency's (CRA ) Community Redevelopment Plan.
..
BACKGROUND:
The Community Redevelopment Plan establishes the projects and programs to
be undertaken by the CRA in the coming years. The original Redevelopment
Plan was adopted in 1986, and was substantially revised in 1990. Su.bsequent
amendments have been processed by CRA staff, with the latest plan adopted by
the City Commission in February 1994. The amendments that are currently
being proposed will be presented to the Commission for adoption in July.
ANALYSIS:
~
As indicated in the attached memorandum to City Manager David Harden from
CRA Director Chris Brown, the majority of the amendments relate to updating the
status of projects. Several projects, or phases of projects, have been
completed. The schedules of others have been adjusted to reflect their current
status.
In terms of new programs, changes are proposed to incorporate "The Delray
Beach Renaissance Program, D which is a joint program among all affordable
housing providers in the area, both public and private. The CRA is a participant
in that program. The Site Development Assistance Program is being amended
to allow for grants to be given to aid in the relocation of historic structures to
properties in the CRA district. Changes are proposed to the Business
Development Program that address the creation of a non-profit lending
institution entitled the "Community Development Financial Institution. D This
institution will pool resources from government agencies, non-profit groups,
private foundations, and financial institutions to make small business loans at
below market rates.
VI.A.
. ' . -
Planning and Zoning Board Memorandum Staff Report
Amendments to the Community Redevelopment Plan
Page 2
Many of the CRA's Planning and Redevelopment projects involve the ~
participation of the City's Planning and Zoning Department, including the CBD ~
Development Plan, the Del Ida Park Neighborhood Improvement Plan, the ~
Osceola Park Redevelopment Plan, and the North Federal Highway ~
Improvement Program. As was discussed during the joint P & ZlCRA Workshop ,
last Monday, the City's Comprehensive Plan calls for the preparation of !
redevelopment plans for a number of other areas that are not mentioned above. l
The P & Z Board will be discussing and prioritizing those redevelopment plans at i
the July workshop. Depending upon the outcome of that discussion, the
schedules of some of the projects listed in the CRA's plan may have to be
adjusted.
In terms of the financing of particular projects and programs, the amendments
add the City as a funding source for the following:
.
. #2.3 Downtown Anchor and Parking
. #2.4 Downtown Mixed Use Redevelopment Project ~
. #3.5 Business Development Program (as a participant in the Community
Development Financial Institution)
A separate draft proposal for the program identified in #3.5 above calls for the
City to contribute $250,000 over a five-year period for the funding of loans for
small businesses located in the West Atlantic Redevelopment Area and the
Pineapple Grove Main Street area.. Other contributors of funding and/or
services would include the CRA, Palm Beach County. the TED Center,
Pineapple Grove Main Street, grant sources, and various financial institutions.
As this proposal is in the initial stages of development, the participants and
funding sources may change.
RECOMMENDED ACTION: ;
By motion, recommend to the City Commission adoption of the proposed
amendments to the Community Redevelopment Plan.
Attachments:
0 Memorandum of May 12,1995, from Chris Brown to David Harden
0 CRA Redevelopment Plan (copies distributed previously)
Report prepared by: Diane Dominguez, Director of Planning and Zoning
.~
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CD Community RECEtVED
Redevelopment JUN 2 6 1995
-a Agency
~'r :, ILL
Delray Beach
June 23, 1995
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Redevelopment Plan Amendment
Dear Dave:
At its regular meeting on June 22, 1995, the CRA Board approved changes to two programs
within the draft Community Redevelopment Plan. I have enclosed copies of the two amended
programs with changes marked in yellow. Please forward these copies to the City Commission
along with the overall plan which we submitted earlier.
Since the Planning & Zoning Board has already completed its review of our amended plan and
made its recomendation to the City Commission, I gave a copy of these latest changes to Diane
Dominguez. She will advise the P & Z Board and forward any added comments to the City
Commission.
()
vy.r Tfllly Yours,
lJti~
Christopher J. Brown
Executive Director
RECEIVED
8/J{/95
CITY CLERK
~~
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558
# 3.2: "Site Development Assistance Program"
Background
In 1991, the City of Delray Beach requested that the CRA provide funds for the removal and
relocation of power poles, which due to the design of the Walgreens redevelopment project would obstruct
on-site traffic flow. Although the City has its own program to accomplish this action, it was felt that the
CRA should pay since the project was located within the Community Redevelopment Area and the CRA
would receive substantial benefits from the project in TIF revenues. The CRA agreed and subsequently
amended its Redevelopment Plan to include a program for the removal of power poles and other
obstructions from travelways within the Community Redevelopment Area. At that time, the program funding
was limited to $3,500 which was the cost of the Walgreens project.
I n order to assist private sector redevelopment efforts, the CRA is flOW expafldiflg~8P@",t4@gmits
program. Through an annual allocation of funds, the CRA may now provide limited assistance for site
development on a case-by case basis for private development and redevelopment projects, including site
design and engineering.
Program Objectives
0 Encourage private redevelopment initiatives by providing assistance to overcome technical,
administrative and economic obstacles to the site development of CRA selected projects within the
Community Redevelopment Area.
Program Description
0 Use of the allocated funds for individual projects shall be solely at the discretion of the CRA.
0 Use of Loans, Grants and direct contracting of work by the CRA for site development purposes
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0 In order to assist larger redevelopment projects. the CRA may also provide the following:
- grants to developers paid in annual installments. equal to a percentage of the Tax
Increment Revenue received by the CRA due to the increased assessment on the
property.
- credit enhancement to developers wherein the CRA pledges its full faith and credit to the
developer's lender for payment of a portion of the loan. The enhancement may be a
percentage of the loan amount or may be a pledge to provide adequate debt service
coverage.
- In order to qualify for either the grant or the credit enhancement. a redevelopment project
must reinforce the overall CRA redevelopment effort. This may occur by creating jobs.
increasing surrounding property values. preserving a historical structure. providing a
cultural amenity or by any other means approved by the CRA Board.
- The CRA Board will maintain Policy guidelines regarding grant limits. annual payment
amounts (based on percentage of TIF revenue). and time frame over which grant is to be
paid.
- The CRA Board will maintain Policy guidelines regarding credit enhancement including the
amount. time limitations and other issues.
Program Participants and Administration
0 The program is administered by the CRA.
4.32
.
0 Other participants may include, but are not limited to, the City of Delray Beach, Property Owners
and Project Developers.
Funding Sources
0 The CRA will provide the funding for the program.
0 Program allocations shall be determined annually during the budget process or at the discretion
of the CRA.
Program Schedule
0 Program implemented in FY 1991/1992.
4.33
.
.
.
.
# 3.5: "Business Development Program"
Background
Increasing economic activity within the Community Redevelopment Area is a major objective of the
overall Community Redevelopment Program. Investments by the CRA which result in increased business
opportunities have positive impacts on employment, the tax base, and the physical environment, all of
which are positive steps toward the elimination of slum and blighted conditions. Many other CRA programs
are aimed at increasing economic activity within the CRA district. The purpose of this "Business
Development Program" is to provide a means to focus the effort. The primary goal of the program is to
facilitate small business development within the Community Redevelopment Area. Types of businesses
to be encouraged include artist studios, galleries, craft shops, specialty shops and other unique businesses
which add vitality, attract visitors and help Delray to find its nitch in the market.
The program will encourage and assist businesses by providing assistance during the crucial first
year of operation or expansion. The program will provide additional benefits to the local economy by
helping to eliminate some of the vacant commercial space within the area. This not only improves the
overall appearance of the area, but also contributes toward the development of a critical mass of activity,
whereby individual businesses draw additional customers for each other.
Program Objectives
0 Provide economic stimulation to the area
0 Increase business opportunities
0 Increase employment opportunities
0 Decrease unoccupied commercial space within the area
0 Prevent the spread of slum and blighted conditions
Program Description
0 Provide business rental subsidies for the first year of multi-year leases.
- Although at the discretion of the CRA, generally the rental subsidy shall not be given when
total rent, including subsidy exceeds the fair market rent for the area.
0 Additional items toward which financial support may be given include, but are not limited to,
security deposits, last month rental deposit, utility deposits, advertisement, signage, licenses, and
legal assistance.
0 The CRA Board shall maintain policy guidelines regarding types of assistance, funding limits and
eligibility requirements.
0 Although the CRA shall make its decision on a case-by-case basis, generally assistance shall not
be given for uses which do not reinforce and further the redevelopment strategy and goals for the
geographic sub-area in which they are located or are non-conforming with regards to the City's
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Program Participants and Administration
..
.
0 The program will be administered and coordinated by the CRA
0 Other participants include~hS;~!-IOli;;;;~~t~imElifft:l';;~t.I~t;:il;;I9~ij~~iiiiOQfi:...r$tmil~ietiYElt~
t7Q!-liigiiVqO~#businesses and landlords
Funding Sources
0 The CRA will fundtn~ a-PiIot Program in FY 1994/1995
& If the CnA 06ard determif'l8S that the Pilot J"'rogram is successful, additiof'lal fUf'ldif'lg for a full scale
program './ill Be determined af'lf'lually during the Budget process or at the discretion of the CM.
Program Schedule
0 The-Pilet Program is to be implemented in FY 1994/1995.
& If the J"'ilot J"'rogram is successful, implementation of full scale program will begin in rY 1995/1996.
.
- RECEIVEDi:i/ ((,~""
CD Community JUl 1 7 1995 ./
Redevelopment
CITY M~-'.' ,.--.'" "HICE.
-a Agency . ...' .
Delray Beach
July 17, 1995
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Redevelopment Plan Amendment
Dear Dave:
At its regular meeting on July 13, 1995, the CRA Board approved a change to the acqusition map
for "Block 76 & 86 Redevelopment". This map is found in Appendix "D" of the Plan. The
change is necessary to correct an error - Parcel "B" should not have been deleted from the map.
We are returning to the original map which is currently in our adopted Redevelopment Plan.
Please forward these copies to the City Commission along with the overall plan which we
submitted earlier.
Very, Tru,ly Yours,
,
RECEIVED
Christo.pher!. Brown 5.!JfI95
ExecutIve DIrector I
CITY CLERK
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24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558
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propert'# ACquisition Map
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The City of
Delray Beach
Community
Redevelopment
Plan
Proposed Amendment
May 4, 1995
Revised June 13, 1995
Draft
The City of Delray Beach
Community Redevelopment Agency
Introduction
INTRODUCTION TO THE PLAN
The City of Delray Beach is a coastal community located in southern Palm Beach County. It is
bounded by the municipalities of Boynton Beach and Gulfstream to the north, by the municipalities of Boca
Raton and Highland Beach to the south and by unincorporated Palm Beach County to the west. At the
present time, the City is approximately 85% built-out in terms of population. Under current growth trends,
it can be expected to be totally built-out by the year 2000.
Given its limited potential for future population growth, the City has begun to focus its attention on
the revitalization and rehabilitation of areas which are in a state of decline or deterioration. These areas
have been incorporated within the defined geographic boundaries of the "City of Delray Beach
COmmunity Redevelopment Area". This area, which encompasses the older central core of the city, is
depicted graphically in Figure 1 and by a description of its boundaries in Appendix "A". Since it contains
a significant amount of vacant, under-developed or deteriorating residential and commercial property, it
is within this area that there can be a continuing increase in population growth and an establishment of
commercial ventures.
The Delray Beach Community Redevelopment Agency, (CRA) was established in 1985 to guide
the City in its redevelopment efforts. The purpose of the Agency is to revitalize the physical environment
and the economy of the Community Redevelopment Area. The impetus to create the Community
Redevelopment Agency grew out of the work of the Atlantic Avenue Task Force which was commenced
in 1984. The objective of the Task Force was to study the Atlantic Avenue Corridor and make
recommendations for an overall plan for improvement. Its work was completed in 1985 when it presented
its report to the City Commission. That report recommended the establishment of a Community
Redevelopment Area as means to fund needed improvements through the use of "Tax Increment
Financing (TIF)".
After its creation in 1985, the Community Redevelopment Agency commissioned the preparation
of its first plan under contract with the firm of Wallace, Roberts & Todd, Inc. The resulting plan document,
"The City of Delray Beach Community Redevelopment Plan", was adopted by the City Commission on
September 9, 1986 by Resolution No. 49-86 and later adopted as an amendment to the City's
Comprehensive Plan on July 12, 1988 by Ordinance No. 57-88.
In 1989, it became apparent that due to changing conditions and the Agency's desire to undertake
a host of new programs not anticipated in the original document, it was necessary to undertake a Plan
revision. In late 1990, it was decided to put most of the Community Redevelopment Agency's new project
activity on hold and to completely redo the document. Hence, the creation of this Plan Document.
This document, "The City of Delray Beach Community Redevelopment Plan", provides the
framework for programming redevelopment activities within the CRA. Since it is not possible or practical
for the Community Redevelopment Agency to fund and implement all redevelopment projects within the
community, the plan sets forth a series of implementation steps and specific projects intended to leverage
or stimulate the type of public interest and private investment necessary to achieve the revitalization.
The Plan was originally developed by the City's Planning Department with funding by the
Community Redevelopment Agency for a staff planner. Subsequent amendments to the Plan have been
made by staff at the Community Redevelopment Agency. The CRA Board provides policy, direction and
workshop review for the evolving document. The current version of the Plan was formally adopted by the
City Commission via Ordinance No.--5-94 on February 22, 1994. ,1995.
1
,--
Part One:
Background
.-
.------ ~._-
PART ONE: BACKGROUND
I. Authority To Undertake Community Redevelopment
This document has been prepared under the direction of the City of Delray Beach Community
Redevelopment Agency in accordance with the Community Redevelopment Act of 1969, F.S. 163, Part III.
In recognition of the need to prevent and eliminate slum and blighted conditions within the community, the
Community Redevelopment Act confers upon counties and municipalities the authority and powers to carry
out "Community Redevelopment". For the purposes of this Community Redevelopment Plan, the following
definition, taken from the Florida Statutes, shall apply:
"Community Redevelopment" or "Redevelopment" means undertakings, activities, or projects
of a county, municipality, or community redevelopment agency in a community redevelopment area for the
elimination and prevention of the development or spread of slums and blight or for the provision of
affordable housing, whether for rent or for sale, to residents of low or moderate income, including the
elderly, and may include slum clearance and redevelopment in a community redevelopment area, or
rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in
accordance with a community redevelopment plan and may include the preparation of such a plan."
The ability of a county or municipality to utilize the authority granted under the Act is predicated upon
the adoption of a "Finding of Necessity' by the governing body. This finding must demonstrate that:
(1 ) One or more slum or blighted areas, or one or more areas in which there
is a shortage of housing affordable to residents of low or moderate
income, including the elderly, exist in the county or municipality; and,
(2) The rehabilitation, conseNation, or redevelopment, or a combination
thereof, of such area or areas is necessary in the interest of the public
health, safety, morals, or welfare of the residents of the county or
municipality.
II. Creation of the Community Redevelopment Agency
Upon a "Finding of Necessity' by the governing body and upon further finding that there is a need
for a Community Redevelopment Agency to function in the county or municipality to carry out community
redevelopment purposes, any county or municipality may create a public body corporate and politic to be
known as a "Community Redevelopment Agency", The Agency shall be constituted as a public
instrumentality, and the exercise by the Agency of the powers conferred by F.S. Chapter 163, Part III. shall
be deemed and held to be the performance of an essential public function.
The City of Delray Beach City Commission established the Delray Beach Community
Redevelopment Agency on June 18, 1985, with the adoption of Ordinance No. 46-85. The organizational
structure of the agency was also established at that time. It consists of a board of seven members
appointed by the City Commission. The term of office of the board members is four years. A vacancy
occurring during a term is filled for the unexpired term. The provisions of Ordinance No. 46-85 have been
codified in Article 8.1 of the City's Land Development Regulations.
III. Powers of the Community Redevelopment Agency
As authorized by the Community Redevelopment Act, a wide variety of powers are available to the
City of Delray Beach to carry out redevelopment activities. While most of these powers may be delegated
1.1
to a Community Redevelopment Agency, others may not. These powers, which continue to vest in the City
Commission, are as follows:
0 The Power to determine an area to be a slum or blighted area and to
designate such an area as appropriate for community redevelopment.
0 The power to grant final approval to community redevelopment plans and
modifications thereof.
0 Prior to the approval of the community redevelopment plan or approval of
any modifications of the plan, the power to approve the acquisition,
demolition, removal or disposal of property and the power to assume the
responsibility to bear loss.
0 The power to authorize the issuance of revenue bonds
The powers which the City Commission has chosen to delegate to the Delray Beach Community
Redevelopment Agency under City Ordinance No. 46-85 include the following:
0 The power to acquire property deemed necessary for community redevelopment,
except that the use of eminent domain shall require specific approval from the City
Commission.
0 The power to hold, improve, clear, or prepare any acquired property for
redevelopment.
0 The power to dispose of property acquired within the community
redevelopment area for uses in accordance with the Plan.
0 The power to construct improvements necessary to carry out community
redevelopment objectives.
0 The power to carry out programs of repair and rehabilitation.
0 The power to plan for and assist in the relocation of persons and
businesses displaced by redevelopment activities.
0 The power to receive and utilize tax increment revenues to fund
redevelopment activities.
In 1992, the City Commission adopted City Ordinance #17-92, which delegated the following power
to the CRA:
0 The power to appropriate such funds and make such expenditures as are
necessary to carry out the purposes of the Community Redevelopment Act
of 1969.
Other powers authorized by the Act but which the City Commission has elected not to delegate to
the Agency are;
0 The power to zone or rezone any part of the city or make exceptions from
building regulations; and to enter into agreements with a housing authority,
which agreements may extend over any period.
1.2
0 The power to close, vacate, plan, or replan streets, roads, sidewalks, ways
or other places and to plan or replan any part of the city.
IV. The Community Redevelopment Area
Pursuant to State Statutes, a community redevelopment area must be a slum area, a blighted area
or an area in which there is a shortage of housing that is affordable to residents of low or moderate income,
including the elderly. The City of Delray Beach Community Redevelopment Area generally consists of the
older central core of the city which has become deteriorated due to a age, obsolescence and the lack of
investment. Unfortunately, a deteriorating area is self propagating, and as conditions worsen, residents
and private businesses become less willing to put financial resources into the area. It is this cycle which
severely limits the ability of private enterprise to stop the spread of slum and blight without public
assistance.
A "Finding of Necessity" for the initial 1 ,812 acre Delray Beach Community Redevelopment Area
was adopted by City Commission Resolution No. 32-85 on May 14, 1985. A "Finding of Necessity" for an
additional 103 acres, located along North Federal Highway, was adopted by City Commission Resolution
No. 47-87 on November 24, 1987 and the Community Redevelopment Area was thus increased to its
current size. It should be noted; however, that the Community Redevelopment Plan was not amended at
that time to include the additional area. This situation has now been rectified with the adoption of this
updated "Community Redevelopment Plan". The overall boundaries of the Community Redevelopment
Area are shown graphically in Figure 1 and by legal description in Appendix "A". A copy of each "Finding
of Necessity" is found in Appendix "B".
V. The Community Redevelopment Plan
All public redevelopment activities expressly authorized by the Community Redevelopment Act and
funded by tax increment financing must be in accordance with a redevelopment plan which has been
approved by the City Commission. Uke the City's Comprehensive Plan, the Community Redevelopment
Plan is an evolving document which must be evaluated and amended on a regular basis in order to
accurately reflect changing conditions and community objectives.
1.3
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COMMUNITY REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT PLAN FIGURE 1
THE CITY OF DELRAY BEACH
COMMt.fIIlTY
REDEVELOPMENT
AGENCY
~ALr-f"T r---, ..
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1.4
Part Two:
Existing Conditions
PART TWO: EXISTING CONDITIONS
I. General Description of the Community Redevelopment Area
A, Existing land Use
Existing land uses in the Community Redevelopment Area follow patterns of historical development
activity, and the requirements of existing and past zoning districts. There are approximately 1,915 acres
of land within the Community Redevelopment Area. A generalized pattern of existing land use is depicted
in Figure 2.
Overall, the single largest land use within the CRA is residential. Although there are duplexes and
higher density multi-family developments located within the redevelopment area, the majority of the
residential development is comprised of single-family detached dwellings.
Commercial uses within the redevelopment area are generally clustered around the Atlantic Avenue
and Federal Highway Corridors, with a focus on where these two major roadways meet in forming the core
of the Central Business District (CBD). Retail activities are concentrated primarily along Atlantic Avenue
and N.E. 2nd Avenue, while general business and other commercial uses extend north and south along and
adjacent to the Federal Highway and FEC Railroad corridors. The main comparison retail shopping district
extends along Atlantic Avenue between the FEC Railroad and the Atlantic Ocean. N.E. 2nd Avenue by
contrast, contains a concentration of retail services, including a community shopping center with a major
food store.
A wide variety of other commercial uses also exist in the redevelopment area, including offices,
restaurants, building supply, etc. Auto related uses including new and used car dealers, and service shops
are located within the CRA along the Federal Highway corridor in response to the accessibility afforded by
this major arterial.
Ught industrial uses can be found scattered throughout the CRA. Although these uses have been
accommodated within the CBD zoning districtt~ggl~JiQn$ to a limited extent, many of the industrial and
repair uses within the CRA are currently non-conforming within existing zoning designations. One small
area in the southwest corner of the CRA is zoned for light industrial uses; however, development potential
is limited since it is located within a wellfield protection zone.
Due to the proximity of the railroad and its obvious negative impacts on low intensity development
(e.g. noise, & vibration), adjacent properties developed primarily into a heavy commercial/light industrial land
use pattern. Prior to the adoption of the Land Development Regulations (LDR'S) in October 1990, special
provisions were incorporated into the zoning code to permit specific land uses in addition to those ordinarily
allowed within the respective zoning districts. This was done so the higher intensity existing land uses
centered around the railroad corridor would remain conforming with respect to zoning. While these same
provisions were continued in the City's2nE:iw'current Land Development Regulations, the task of addressing
tI1i~...I~~...,.~.~.~......p~()~I~.~......~.~.....~~.~......~~i.~~..~..~....t()....t~.~....9.~......tt'l~{,~it~.f~tfli~ij\~E:i{~~P>>lnq\.l$1ri~li~~~~QJl)Jl)it!E:ie
i~;1;~&JQ;7y~~~tetti~;Pl"~rt);~~r~Qj~I"I(j~~()lllJi()nt{~fAt~;;~~>~U@9J~(j{f()t;tI17i.ir~~'JnBIH(jinQ;I~l"IcI
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()f;,;JDeg.;~r~~;'(tl~c9()mmi~~~Fq~Y~I()P7cJ;.~;nQWz()n.ing/cJ.i~tri~J,;;~ntiJIEJCJ;9~ntr~lallsinQs~;~i~tric:t;..F3~lr()~d
~FJ'1<i8r/(~f;)a...aC)';'J"hismn~~{<iil)trictiel)tClb.lish7gjn....;.,1.. ~Qjrn()(7~B~~tat~I~;(j~fiOQ~tll~'1:>()~ndClri@s()f;t~e
~r~~.;;~)(p~o.~sthelil)J.;'.of;PQrOlcitt~di.usel)..;and includes;s~v~t~lil)peciCl!;rE:igulationsdealin.g\withioverhead
g~r~g~igoorsand outsidestoret.ge.
Institutional and Recreational land uses are located throughout the residential neighborhoods of the
CRA. These uses include four public schools, many churches, City Hall, the Public Safety (Police) Complex,
the South County Courthouse, the City CommunityfTennis Center, and several public parks.
2.1
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GENERALIZED EXISTING LAND USE
COMMUNITY REDEVELOPMENT PLAN FIGURE 2
THE CITY OF DELRAY BEACH
COMMUNITY
C - COMMERCIAL I - INDUSTRIAL REDEVELOPMENT
AGENCY
R - RESIDENTIAL
IeALa '" 'liT
P - PUBLIC .~ ~ ~
ill .... :
2.2 o )00 ... f'" f'" NO.T"
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Although there is a considerable amount of developable vacant land within the Community
Redevelopment Area, the vast majority of this land is in individual building lots located within existing
residential neighborhoods.
B, Existing Housing and Population
The 1990 Census of Population and Housing indicates the Redevelopment Area contains
approximately 5,994 housing units, with a resident population of approximately 13,902. A breakdown of total
housing units and population by geographic sub-area is provided in Table 2-2, Part Two, Section III. of this
Plan. The overall racial composition of the Community redevelopment Area is 31.5% white, 66% black and
1.5% other. It should be noted; however, that there is considerable variation in these percentages within
different neighborhoods of the Community Redevelopment Area.
C, Existing Traffic Circulation
Overall, the street system within the Redevelopment Area can be summarized as a symmetrical grid.
The local streets define a system of rectangularly shaped blocks with the longer block dimension oriented
to the north and south.
Major north/south arterial roadways include SR A-1-A, US 1, and 1-95. SR A-1-A is presently 2
lanes along its entire length with tum lanes at selected points. US 1 has separate 3 lane one way corridors
for northbound and southbound travel. On-street parallel parking is provided adjacent to the outside edge
of each corridor.
1-95 is a 6 lane expressway forming the western boundary of Redevelopment Area. The
interchange of 1-95 with Atlantic Avenue establishes this location as the western entrance to the downtown
area.
Atlantic Avenue is one of two principal easVwest arterial in Delray Beach. The western portion of
this roadway is presently built as a 4 lane facility with on-street parallel parking. Traffic signals occur at
every other block along this section. Within the downtown business district, the roadway narrows to a 2 lane
design and virtually every intersecting roadway is signalized. Parallel parking is provided throughout much
of this area. East of the Intracoastal Waterway, Atlantic Avenue widens to a 4 lane undivided design with
parallel parking.
The Community Redevelopment Area's traffic circulation system also includes several collector
facilities including Swinton Avenue, West Fifth and Eighth Avenues, East Second Avenue, and both North
and South First Streets. Additionally, NE. and SE 1 st Street, between Swinton Avenue and US 1, operate
as a downtown bypass system taking some of the traffic congestion off of Atlantic Avenue.
D, Downtown Parking
While on-street parking has historically and symbolically served downtown Delray Beach well, off-
street parking lots have been constructed to serve the additional parking needs of shoppers and employees
in this area. A total of 4,388 parking spaces was noted in a 1989 study of the 25 block downtown Atlantic
Avenue core. Of this number, 3,424 were private off-street spaces. Of the 964 public spaces, 559 were
located in off-street lots.
II. General Housing Conditions
In August, 1988, the City conducted a visual survey of its current housing stock as part of its
comprehensive planning program. Although 94% of the total housing units within the city were rated in good
condition, the majority of poor quality units were found to be located within the City's redevelopment area.
Within this area, 19.5% of the units were rated fair and 20.2% were rated poor. Clearly, this area represents
2.3
the major trouble spot in the City for housing deterioration, especially since it also contains most of the
City's oldest units and residents with the lowest income levels.
The Housing Element of the City's Comprehensive Plan identified residential neighborhoods within
the City and categorized them as to needs for stabilization, revitalization, rehabilitation and redevelopment.
It is important to note that while more than 1 ,300 acres within the CRA were categorized, only 6.5 percent
was classified as "stable". The neighborhood categorizations are shown graphically in Figure 3, and the
percentage allocation for each category is provided in the following Table.
Community Redevelopment Area
Neighborhood Categorizations
632 Acres. 48.2"
Acres - 3.0"
315Acres - 24.0"
240 Acres - 1'.3"
Legend
~ Stable . Stabilization . Stabillzatlon/Revltallzatlon
. Revitalization/Rehabilitation o Redevelopment
Table 2-1 : Neighborhood Categorization
The City stepped up its code enforcement program in late 1985. By 1992, more than 380 structures
within the City were identified as unsafe. Of this number, over one-half were demolished. The majority of
this code enforcement activity was within the Community Redevelopment Area. Additionally, this area of
the city is a "target area" for the City's Community Development Block Grant (CDBG) Program which began
in 1985. Under this Program, the City's Community Development Department is responsible for the
rehabilitation of 4OO~ggDowner-occupied housing units through FY 1992/1993 'l~~~fl~~~.
It is a major objective of the City to eliminate all substandard housing conditions within its -
jurisdiction. To accomplish this objective, the City and the CRA must work together to develop programs
aimed at maximizing the impact of public expenditures to leverage private investment in the area.
2.4
Figure 3: Neighborhood Categorization
BOYNTON BEACH
M
~
. ....
HIGHLAND BEACH
.
BOCA
~1~Hl"NO BEACH
~ STABLE m STABILIZATION/REVITALIZATION II REDEVELOPMENT
II!I STABILIZATION m REVITALIZATION/REHABILITATION :-u,: COUNTY
c...~ JURISDICT ION
The It 0 .25 .50 .75 1
City of Delray Beach l , I I I
.. MILES
RESIDENTIAL NEIGHBORHOOD CA TEGORIZA TION
2.5
"
While considerable progress has been made by the city in eliminating the signs of deterioration, the
cycle of decline is still present and cannot be eliminated without considerable effort on the part of individual
homeowners and private enterprise.
III. Geographic Sub-Areas
Within the Community Redevelopment Area, there are considerable variations in the degree of
deterioration, land use patterns and existing socioeconomic conditions. In order to develop an effective plan
which is cognizant of these variations, the CRA has been divided into eight distinct geographic sub-areas,
each requiring a different redevelopment strategy. In addition to addressing underlying problems and
capitalizing on area opportunities, associated redevelopment strategies focus on maintaining and enhancing
major assets which provide positive contributions to the redevelopment effort. Physical features, (e.g.
landmarks, barriers, activity centers, etc.), within each sub-area are also considered, since they have a
significant influence upon specific urban design decisions which may impact overall redevelopment strategy.
Another significant factor in the development of effective sub-area redevelopment strategies is the
participation of community members. The success or failure of stabilization and redevelopment efforts is
dependent upon the level of public support. Additionally, given the limited resources available for
redevelopment, coordination between public and private efforts is essential to maximize efficiency and avoid
duplication.
The eight geographic sub-areas, are shown graphically in Figure 4, and major characteristics are
given in the following table.
#1 ''The Downtown" 272 1,254 1,404 Commercial CBD,CF,RM,.~Q8B~
#2 "Gov'VCultural" 109 225 513 Office/Governmental CF,GC,OSSHAD
#3 'W. Atlantic Avenue" 122 370 913 CommerciaVResidential GC, R1-A, RM
#4 "Residential Core" 712 2,617 7,364 Residential R1-A, RM, CF
#5 "North Federal Hwy" 196 299 482 CommerciaVResidential GC, AC, RL, RM
#6 "N.E. Neighborhood" 278 815 1,942 Residential R1-M, RM, RO, RL
#7 "Osceola Park" 151 352 1,036 IndustriaVRetaiVResidential R1-A, RM, GC, AC
#8 "1-95/1Oth Street" 75 62 248 ResidentiaVI ndustrial R1-A, RM, CF, I
Table 2-2 Geographic Sub-Areas
Note: Housing units & population counts from 1990 U.S. Census
A detailed description of each of the eight geographic sub-areas of the CRA is provided below.
Each description provides an overview of existing conditions, including a list of major physical features and
key agencies/special interest groups operating within the sub-area.
A, Sub-Area #1: "The Downtown"
This sub-area, containing approximately 272 acres of land, consists of the city's central business
district (CBO) and several fringe residential areas. The area, while primarily commercial in nature, contains
2.6
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GEOGRAPHIC SUB-AREAS
COMMUNITY REDEVELOPMENT PLAN FIGURE 4
THE CITY OF DELRAY BEACH
COMMtNTY
REDEVELOPMENT
AGENCY
KALI I" 'lIT
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2.7
a mix of residential, commercial and light industrial land uses. Although existing land uses are generally
varied throughout, the area is subdivided in its focus by the Intracoastal Waterway. The area east of the
Intracoastal consists of several condominiums, resort hotels and businesses which focus on tourist activity
and the beach. The area west of the intracoastal consists of the older retail core of the city centered on
Atlantic Avenue and most of the Pineapple Grove Neighborhood.
With the exception of a few mid-rise buildings, including the Holiday Inn on Ocean Boulevard, the
office tower in Atlantic Plaza, the Colony Hotel and several condominiums, most of the buildings within the
area are one or two stories in height. The tight massing of structures, particularly along Atlantic Avenue,
Ocean Boulevard and sections of Pineapple Grove Way, creates a solid continuous facade of buildings
typically associated with older downtown areas. The architectural styles are diverse, reflecting a downtown
that evolved over decades.
The wide mix of businesses further reflects this diversity. From drug stores to designer wear,
souvenir shops, furniture stores and water-view restaurants, the downtown area reflects a wide cultural
diversity of interests. The overall scale of the area is that of a small to a medium sized downtown.
The "Village by the Sea" character of the downtown area presents a strong sense of place to
residents and visitors. As one of the few downtowns in South Florida to have retained its commercial focus,
this area continues to serve as a true community center.
Renewal and redevelopment have been an on-going activity in the downtown area for a number
of years. Minor renovations and rehabilitation continue to occur frequently. The "Atlantic Plaza" project,
completed in 1985, involved one full block of redevelopment and was the last large development project in
the downtown core area. The Atlantic Avenue Beautification project, completed on 8. blocks west of the
Intracoastal, was a major commitment by the City, CRA and DDA to maintain and enhance the downtown
as a viable and healthy area in an effort to attract additional infill development and redevelopment.
Coordinated hardscape elements, such as lighting, benches and trash receptacles; specially paved widened
sidewalks and street crosswalks and the street tree and landscape program make this stretch of Atlantic
Avenue one of the most attractive downtown pedestrian corridors in the County. As part of the City's
"Decade of Excellence" bond, a similar beautification effort was completed between Swinton Avenue and
1-95 in 1992 and is now scheduled for continuation between the Intracoastal Waterway and A-1-A.
As with most true historic downtowns, street parking played the most important early role in
providing convenient customer access. When the Atlantic Avenue streetscape improvements were planned,
the critical importance of street parking was understood, and the parking was retained to the greatest extent
possible. The designation of the one-way pairs downtown by-passes of N.E. and S.E. 1st Streets is an
attempt to accommodate through-traffic around the retail core, while preserving the parking on, and the
character of, Atlantic Avenue.
Maior Physical Features:
0 The F.E.C. Railroad
0 The Intracoastal Waterway
0 Contains the Marina Historic District and many other
historic sites/buildings
0 Adjacent to Old School Square Historic District
0 Veteran's Park
0 The City Ubrary
0 East-West traffic circulation, "the bypass system"
0 Federal Highway
0 Camino Real Holiday Inn Hotel
0 The Atlantic Ocean and the Beach
2.8
The Players:
0 The Community Redevelopment Agency
0 The Downtown Development Authority (DDA)
0 The City of Delray Beach
0 The Chamber of Commerce
0 The Atlantic Avenue Merchants' Association
0 Historic Preservation Board
0 Pineapple Grove Support Croup'a~?llrttiJt(i(it
0 Parking Management Team
0 Private Development Interests
B, Sub-Area #2: "Governmental & Cultural Center"
This sub-area, containing approximately 109 acres of land, consists of the Old School Square
Historic Arts District, the South County Courthouse, the city's administration complex and other city facilities
including police headquarters and the municipal tennis center. Existing land uses include a mix of public,
cultural, commercial and residential development, including the majority of the City's historically significant
residential structures. This sub-area provides a buffer between the higher intensity commercial
development of the CBD and the West Atlantic Avenue business corridor and low density residential
neighborhoods to the west.
Major Physical Features:
0 City Administration Complex
0 Old School Square Cultural Arts Center
0 Bankers Row
0 Cason Cottage
0 City Police Headquarters
0 South County Courthouse
0 City Community Center
0 Municipal Tennis Complex with Stadium
0 North Water Storage Facility
0 Swinton Avenue
0 Post Office/Shopping Center in adjacent sub-area
The Players:
0 The Community Redevelopment Agency
0 The City of Delray Beach
0 Historic Preservation Board
0 Delray Beach Historical Society
0 Old School Square, Inc.
e rineapple Crove Bupport Croup
0 Palm Beach County (Courthouse)
0 Private Development Interest
C, Sub Area #3: "West Atlantic Avenue Corridor"
This sub-area, containing approximately 122 acres, generally comprises a one-block (600') deep
corridor on each side of Atlantic Avenue from 1-95 to West 3rd Avenue. The 2 block NW. 5th Avenue
neighborhood commercial area, located between NW 1 st and NW 2nd Streets is also included in this sub-
area. Overall, the area is characterized by older deteriorating commercial uses interspersed with vacant
lots and vacant buildings. Existing businesses are primarily oriented to service the immediate neighborhood
located on either side of Atlantic Avenue.
2.9
The rear portion of the blocks fronting on Atlantic Avenue are predominantly residential in nature
with units of both single family and multiple family design. A large number of these are of relatively poor
quality and require both minor and major repairs.
The Atlantic Avenue Corridor is the major entrance to the downtown. As such, the visual
appearance of the Avenue makes a statement about the City in general. To facilitate the City's efforts for
redevelopment in this and other areas through the attraction of private investment, it is important to create
a positive visual impact and to emphasize the importance of this area as an entrance to the Downtown
Center.
In 1990, In order to improve the visual appearance of the corridor, the City began working on a
greenway program to landscape the vacant private lots fronting along the avenue. This program has been
a great success and is largely responsible for renewed interest in redevelopment of this area. Additional
beautification efforts, including streetscape improvements with paver block sidewalks were constructed in
1992 as part of the Decade of Excellence Bond.
It is important to note that a redevelopment strategy was put forth for this area in December, 1988
and met with substantial citizen opposition. The strategy recommended acquisition and redevelopment of
the entire area. Since this approach did not allow for the assimilation of existing businesses and housing
into the program, it would have required massive displacement and relocation of primarily minority
businesses and residents. This situation was clearly "unacceptable" to the residents of the area. In a
counter proposal presented by the West Atlantic Property Owners' Association (WAPOA), it was
recommended that redevelopment of the area be accomplished on a block-by-block basis and that
commercial activity be generally limited to a depth of 300 feet from Atlantic Avenue rights-of-way. This
strategy was accepted by the City and has been included within the City's Comprehensive Plan as an
interim measure to guide land use decision-making prior to the creation of a West Atlantic Redevelopment
Plan.
As a precursor to the preparation of a West Atlantic Avenue Redevelopment Plan, the Delray
Merchant's Association was established in 1991. This group will contribute its unique viewpoints on the
problems confronting the area and on possible solutions during the redevelopment process.
In 1993, the CRA organized the first phase of the planning effort by inviting numerous community
members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue
Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the
organization of a larger community based Steering Committee of over 50 people. The initial charge of this
Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee
participants referred to themselves as " Stakeholders" in the resulting process which was termed" Visions
West Atlantic". "Visions West Atlantic" is a forum for a series of community meetings which will ultimately
produce recommendations concerning redevelopment issues for West Atlantic Avenue. These
recommendations are then to form the backbone of the redevelopment plan, YY!"iiQ/'i:w~$~qQj:)lEil:fiJ:lY:J/'iEi;;~ity
li);;1:~S5.
Maior Physical Features:
0 1-95 Interchange at Atlantic Avenue
0 Landscaped mini-parks at 1-95
0 Landscaped vacant commercial lots along Atlantic Avenue
frontage
0 Landscaping and special paving has been installed along
the NW 5th Ave. neighborhood commercial street
0 New Fire Station Headquarters
The Players:
2.10
0 Community Redevelopment Agency
0 City of Delray Beach
0 West Atlantic Property Owner's Association (WAPOA)
0 Peach Umbrella Marketplace Property Owners
0 Private Development Interests
0 Delray Merchants Association
0 Visions West Atlantic Steering Committee
0 Haitian-American Chamber of Commerce
D, Sub Area #4: "Residential Core"
This sub-area of approximately 712 acres contains the majority of the City's minority population.
When the area was originally settled, it was considered to be on the outskirts of the City. However, with
the construction of 1-95 and rapid expansion to the west, it is now located in the center of the urban core.
The area is primarily residential in nature containing approximately 2,617 dwelling units consisting of single
family, duplex and multiple family structures. Overall, this area contains the bulk of the older, poorer quality
housing within the city. The depressed economic status of a majority of the area's residents has made it
difficult to provide adequate maintenance of housing units within the neighborhood. As a result, a
substantial number of structures are in need of major repairs and rehabilitation.
One of the large development success stories of the City, "Aubum Trace", is located within this area.
This 256 unit housing project is a prime example of what can be accomplished to provide affordable housing
through a public/private cooperative effort. Another affordable housing project within the area is Allamanda
Gardens, a 36 unit single family subdivision. This project was developed by a non-profit agency named
the "Housing Partnership" with County and City financial contributions.
The City's only public housing project, "Carver Estates" is located within the southern section of the
area. This 200 unit development, once an "eyesore" in the community, has undergone considerable
improvement in recent years and is now a community asset as well as a provider of affordable rental
housing. The units contain from one to five bedrooms with the majority having two to three bedrooms. Rent
is based on family income and the development has no vacancies.
Major Physical Features:
0 Spady Elementary School
0 Pompey Park
0 T.E.D. Center Model Block
0 Allamanda Gardens Housing Development
0 Auburn Trace Housing Development
0 Catherine Strong Center
0 Carver Middle School (Old)
0 Carver Estates
0 City Public Works Complex
0 1-95 as western boundary
The Players:
0 The Community Redevelopment Agency
0 The City of Delray Beach
0 The West Atlantic Property Owners Association
0 Visions West Atlantic Steering Committee
0 The T.E.D. Center
0 The Palm Beach County School Board
0 Delray Beach Housing Authority (Carver Estates)
0 Religious Organizations
2.11
"
0 Federal Government (CDBG and UDAG)
0 Haitian-American Chamber of Commerce
E, Sub-Area #5: "North Federal Highway"
This sub-area of approximately 196 acres is centered on the N. Federal Highway Corridor. The
majority of the area was annexed to the City in 1988 as enclave #24,'I:~llgigaagiliQo~iiprQP~i'Ii@~iXingIUglllg
I~IXi~il[@ig;~gl'~R.flirim$!nng&i~!I!Q1!);~:~!. The City adopted a "Finding of Necessity" and the
Community Redevelopment Area was amended in 1987 and 1989 to include most of this annexation area.
In general, the properties fronting on Federal Highway are used for commercial purposes. Much of this
frontage has been utilized for strip commercial developments with little sense of order. Additionally, due to
age and obsolescence, there are a substantial number of commercial structures which require major
renovation and/or demolition, have inadequate parking facilities and have an negative economic impact and
blighting influence on the entire area. Although commercial activities are mixed throughout the area, there
are auto-related businesses located south of 8th street, while the area north of 8th street is predominantly
retail in nature.
Homes within the residential areas are generally in poor condition requiring substantial maintenance,
repair and rehabilitation. The City paved streets and installed water and sewer service within the area in
1992.
Maior Physical Features:
0 Intracoastal Waterway as eastern Boundary for a part of
the area
0 This is a northern "gateway" to the city --
0 The F.E.C. Railroad is the western boundary for the area
0 U.S. 1 runs as a "spine" through this sub-area
The Players:
0 Community Redevelopment Agency
0 The City of Delray Beach
0 Palm Beach County (Code Enforcement Interlocal
Agreement)
0 North Federal Highway Task Force
0 Private Development Interests
F, Sub-Area #6: "N,E. Neighborhood Area"
This sub-area of approximately 278 acres is primarily situated between N.E. 2nd Avenue/Seacrest
Boulevard and the F.E.C. Railway, north of 4th street. A portion of the area, located south of N.E. 8th Street
is within the Del-Ida Historic District. In general, the overall sub-area is residential in nature; however,
some low intensity professional office development is clustered within the southernmost portion and there
is a small industrial zone located in the northeast corner. Additionally, two public schools (Plumosa
Elementary & Atlantic High) are located within the area. There are approximately 860 residential units within
the area, consisting of single family, duplex and multiple family structures. Although the overall housing
conditions are good, there are many structures throughout the area in need of major and minor repairs. The
worst physical conditions in the area occur on N.E 3rd Avenue, immediately adjacent to the railway. Most
of the area has been identified as in need of stabilization and revitalization in the City's Comprehensive Plan.
Maior Physical Features:
0 The F.E.C. Railroad
0 Atlantic High School
2.12
0 Vacant, dilapidated structures on large parcel located on
Seacrest Avenue, north of 22nd Street
0 Plumosa Elementary School
0 Seacrest Christian School and Church
0 Del-Ida Professional Office District
0 N.E. 2nd Avenue/Seacrest Blvd.
0 Gulfstream Boulevard
The Players:
0 The Community Redevelopment Agency
0 The City of Delray Beach
0 Palm Beach County School Board
0 Historic Preservation Board
0 Del-Ida Park Home Owners Association
0 Private Development Interests
0 The City of Boynton Beach (sharing costs with Delray to
improve Gulfstream Blvd.)
G, Sub-Area #7: "Osceola Park"
This Sub-Area of approximately 151 acres is generally situated between Federal Highway and the
F.E.C. Railroad, south of the CBO. The Federal Highway frontage contains a mixture of low intensity
commercial uses and auto related businesses. There is additional commercial/light industrial development
adjacent to the railroad in the northwest section of the area. The central and southern portions of the area
are single family residential in nature. The overall condition of housing is generally good south of SE 6th
street, although there are many structures in need of maintenance and minor repairs. The northern portion
of the sub-area (between SE 2nd St. and SE 5th St.) contains the structures in the poorest condition. This
area has sandwiched a small area of residential development between deteriorating commercial land uses.
This portion of the sub-area has been designated a redevelopment area in the City's Comprehensive Plan.
Major Physical Features:
0 F.E.C. Railroad
0 Currie Commons Park
0 Federal Highway Corridor
The Players:
0 The Community Redevelopment Agency
0 The City of Oelray Beach
0 Private Redevelopment Interests
0 Haitian-American Chamber of Commerce
H. Sub-Area #8: "1-95/10th Street Area"
This Sub-Area of approximately 75 acres is a mixed use area containing commercial and light
industrial land uses together with a large cemetery and single family residential development. Additionally,
there are approximately 25 acres of vacant land located within the area. One large vacant parcel, located
south of the existing cemetery is planned for cemetery expansion with access from 1 Oth Street. The single
family subdivision is situated between the cemetery expansion area and another large vacant area to the
west. The area immediately south of 10th Street, outside the CRA boundary, is light industrial in nature and
sets the tone for this portion of 10th street.
It is important to note that this sub-area is located within the impact area of the City's Series 20
2.13
Wellfield. Any development or redevelopment in this area will be strictly regulated to ensure it does not
degrade the City's potable water supply.
Major Physical Features:
0 1-95 as the western boundary of the area
0 Series 20 weUfield in area
0 Carver Estates is located north of the Area
0 Cemetery with large expansion area along 10th Street
0 Large vacant parcels within the sub-area
The Players:
0 The Community Redevelopment Agency
0 The City of Delray Beach
0 Private Development Interests
2.14
_m____ n_ _". .. ~~--_._-
IV. Current Projects and Programs within the CRA
Within the Community Redevelopment Area, there are a variety of projects and programs which are
administered by the CRA, the City. other public agencies or joint CRAlCity. The following Table provides
a comprehensive listing of these projects and identifies the responsible agency. City projects which have
not been implemented, but which are planned through inclusion in the City's Comprehensive Plan or funded
through the Decade of Excellence Bond are also listed. Redevelopment Agency projects include only those
which have already been implemented by the CRA or were authorized by either the City's Comprehensive
Plan or the Community Redevelopment Plan prior to adoption of this version of the Community
Redevelopment Plan. CRA projects numbers have been provided for those projects in which the CRA has
an active role, regardless of lead agency status.
Existing Public Projects & Programs Within Lead Agency
Community Redevelopment Area
1. West Atlantic Ave. Redev. Plan (LU.E. C-2.4 & H.E B-3.1) #1.2
2. CBD Development Plan (LU.E. C-4.3) #1.3
3. Master Parking Program #1.4
4. Pineapple Grove Neighborhood Plan Implementation City 1#2.7
5. Prepare Osceola Park Redevelopment Plan CltyI1;~
6. Implementation of Historic District Regulations HPB
7. Post Disaster Redevelopment Study City
:$;ImiU'1~llaiitN&lgJjb:Qth~ampr6V!iiiriintiel~h ~;H$,
1. Peach Umbrella Plaza 1#2.1
2. Affordable Housing Program 1#2.2
3. Downtown Anchor and Parking 1#2.3
4. Parking Structure (LU.E. C-4.4) City
5. Downtown Mixed Use Redevelopment Project 1#2.4
6. Block #76 & #84 Redevelopment 1#2.5
7. South County Courthouse Expansion (Land Acquisition) 1#2.6
8. Pineapple Grove District
a. Plan Implementation Activities 1#2.7
b. Pineapple Grove Way Revitalization NIlI~~..t N2;9
1#2.9
c. Redevelopment Seed Money City 1#2.5
9. Veteran's Park Improvements City
10. North Federal Highway Improvement Program 1#2.11
2.15
Existing Public Projects & Programs Within Lead Agency
Community Redevelopment Area CRA Others Joint
11. Old School Square Cultural Center City #2,12
12. Mount Olive Redevelopment Project #2.13
13. Do'fntown Core Improvement Program #2.14
14. Block #60 Redevelopment #2,15
15. Block #61 (Atlantic Ave. Frontage) Redevelopment #2.16
16. Peach Umbrella II: A W. Atlantic Ave. Redevelopment Effort #2.17
17. 8th Street (Tenneco Site) Redevelopment #2,18
18. 4-Lane 10th Street City
19. CBD Alleyway Improvements City #2.14
20. Atlantic Avenue Beautification (East of Intracoastal) City
21. Swinton Avenue Beautification City
22. Northwest Drainage Project City
23. Lake Ida Road Widening PBC
<-
1. CBDG Program City
2. Bootstrap Rehabilitation Program City
3. Code Enforcement Program City
4. CRA Subsidized Loan Program 13.1
5. Site Development Assistance Program 13.2
6. Community Activities Sponsorship Program 13.3
7. Delray Beach Trolley System City 13.4
8. Business Development Program 13.5
~: mI:<nm,:8HI~QtIQJ5.~ilg~Nt:;~!imtf::\iQgr~ lI;J;~
Table 2-3 Existing Public Projects & Programs (Prior to adoption of this version of Plan)
--
2.16
-.
Part Three:
Analysis
------.----
PART THREE: ANAL VSIS
I. Problems, Needs and Opportunities within Geographic Sub-Areas
The purpose of this section of the plan is to provide a list of problems, needs and opportunities
identified within each of the geographic sub-areas of the Community Redevelopment Area. These items
are then addressed within the Community Redevelopment Program through sub-area redevelopment
strategies which include the implementation of specific programs and projects of the Community
Redevelopment Agency, the City of Oelray Beach or other governmental agencies operating within the
Community Redevelopment Area. --
A. Sub-Area 1: "The Downtown"
Problems
0 Umited market appeal of the existing downtown retail core due to current
mix of uses
0 There are a number of unoccupied or under-utilized commercial buildings
0 Lack of user-friendly parking system
0 CBD contains some non-conforming land uses
Needs
0 Additional residential development
0 Increased potential for new development
0 Nighttime activity (i.e theatre, entertainment)
0 Coordinated marketing strategy for retail core
0 Increased economic stimulation through private investment
0 Major downtown anchor with adequate parking
0 Need to develop a strategy to attract appropriate businesses to Pineapple
Grove
0 Downtown Trolley
0 Improved public transportation system
Opportunities
0 Delray Beach offers an historic downtown which provides a unique
shopping experience and alternative to the outlying shopping malls and
strip centers
0 Inability of developers to meet traffic performance standards in suburban
areas will increase interest in developmenVredevelopment in downtown
locations provided that lesser standards (LOS) can be obtained for the
CBD.
0 The City is motivated to pursue redevelopment options
0 Atlantic Avenue and the downtown bypass system are a major beach
access route with significant vehicular activity and therefore market
potential
0 ~il'l~ple(2r9~~iM.a.irl;~!rf;l~!{~~pli~~~ciit'ln1~~~t'\-VjIJ:;prQ~i(j~f<i;6()Q&tit()
theirede\f~I()Prnent.effortionthe.Pineapple<3rqv~neig1jQQmood .
3.1
"
B. Sub-Area #2: "Governmental and Cultural Center"
Problems
0 Both North and South frontages of Atlantic Avenue between West 1 st Ave.
and Swinton contain vacant structures in poor condition and is a blighting
influence to the area
0 The entrance to the South County Courthouse is in the rear which creates
a dead block on the avenue for pedestrians and hinders the interaction of
courthouse users with businesses in the area.
Needs
0 The need to remove blighting influences
0 The need to appropriately market Old School Square to attract both
exhibitors and visitors
0 The need for additional parking for Old School Square
0 The need for additional parking to support private redevelopment and/or
use conversions of existing structures between City HallfTennis Center
and Old School Square
0 The need to improve the pedestrain relationship of the Courthouse with
other uses on West Atlantic Avenue
Opportunities
0 The New South County Courthouse may act as a catalyst for related office
development
0 The Doc's Soft Serve & Church's Fried Chicken frontage is under one
ownership
0 Old School Square and the new courthouse provide an opportunity for
nearby businesses to attract visitors and workers at these facilities
0 ImplementationiQmpl~Ugij of the Bankers Row--Pfat'l streetscape
improvements will foster use conversions and thereby create economic
stimulation
0 The Virginia Clims Tournament:~lriiyKIm~QnMMWiI1iI~rKio.piQij~fiip~Mand
other events at the new tennis stadium will attract people and increase
economic opportunities
C, Sub-Area #3: "West Atlantic Avenue Corridor"
Problems
0 West Atlantic Avenue frontage presents a poor visual image
0 The area is seen as neglected by the residents
0 Lack of private investment in new development in the area
0 Area contains vacant and under-utilized property
0 Vacant property provides a place for loitering and tends to collect trash
and debris resulting in poor image
0 Loitering detracts from business environment
0 Residents are uncertain of the City's intentions for redevelopment of the
area.
0 The large number of street connections to Atlantic Avenue and the
closeness of adjacent businesses to the roadway represent a potential
traffic hazard in the area
3.2
Needs
0 The need to provide a positive image at this entrance to the city center
0 The need to foster positive attitudes toward redevelopment efforts through
incorporation of maximum citizen participation into the planning process.
0 The need to provide employment opportunities for the residents of
surrounding neighborhoods
0 The need to provide opportunities for minority business ownership in the
area
0 The need to provide adequate neighborhood commercial shopping
opportunities for the surrounding neighborhoods
Opportunities
0 WAPOA, -Md the Delray Merchants Associatio~iitliiiff.~gg~f~@~llttigliQ'
are well organized and willing to assist in the redevelopment planning
process
0 Motivated property owners create opportunities for redevelopment at
Peach Umbrella Marketplace
0 The Courthouse and the proposed additional courtrooms may spin-off
addition development on adjacent property
0 Trolley linkage with downtown, the beach and Tri-Rail
0, Sub-Area #4: "Residential Core"
Problems
0 There is a substantial number of housing units in need of repair and
rehabilitation
0 There are a substantial number of vacant lots within the area
0 The overall area is visually blighted
0 There is considerable trash and debris on both vacant lots and occupied
property within the area
0 Some roadways need reconstruction
0 On-street parking creates a traffic hazard
0 Children play in the streets
0 Residential lot landscaping is not well maintained
Needs
0 New housing construction is needed to eliminate the large number of
vacant lots within the area
0 Existing good-quality housing needs to be protected
0 The area needs additional landscaping and better maintenance of existing
landscaping
0 Additional sidewalks are needed to keep people, (especially children),
from walking in the street
0 Swinton Avenue Needs Beautification
Opportunities
0 The large number of vacant lots provides an opportunity to provide
additional good-quality housing
0 The location of public schools in the area provides additional recreational
opportunities for the area's youth
3.3
"
0 The closing of Carver Middle School will pro,,'ide 8n opportunity for J'j~
iUQIE!Q re-use of the structure and grounds to serve other needs within
the area.
E, Sub-Area #5: "North Federal Highway"
Problems
0 Overall visual impression of the area is poor
0 Obsolete commercial structures along Federal Highway place a blighting
influence on the entire area
0 The Swap Shop presents a negative visual image and creates a traffic
hazard and parking problem for area businesses and residents
0 Vacant structures present a negative image
0 Much of the housing is in need of maintenance and major repairs
0 Trailer Court, adjacent to dealership is in poor condition and not consistent
with surrounding land uses
0 Defunct Tenneco gas station on NE 8th Street is a blighting influence at
a major roadway intersection
Needs
0 Need to improve the visual appearance of the corridor
0 Need to stabilize the residential neighborhoods to prevent further
deterioration
0 Need to provide a method to disseminate code enforcement information
to area homeowners
0 Need to improve overall condition of the housing
0 Need to upgrade commercial development to existing code standards
0 Need to beautify NE 8th StreeWS1 intersection
Opportunities
0 There are several large undeveloped parcels within the area which could
accommodate a large scale development project
0 Potential for a North Federal Highway Commercial Center to service the
area
0 Opportunity to provide limited public access to the Intracoastal Waterway
0 Designation of a part of the sub-area as "Large Scale Mixed Use" on the
Comprehensive Plan Future Land Use Map
0 There is an opportunity to improve the parking and access for the parcel
north of the existing Tenneco Gas Station
F. Sub-Area #6: "N,E, Neighborhood Area"
Problems
0 Some housing structures throughout the area require maintenance and
minor repairs
0 Blighted conditions along NE 3rd Ave, adjacent to railway. Some
structures require major repairs.
0 Boarded-up commercial development opposite Atlantic High School
across Seacrest Boulevard (outside CRA) presents a blighting influence
0 The area north of the high school lacks water and sewer service
0 Swale areas are poorly maintained throughout much of the area
3.4
--~,~~--
0 Sidewalks are missing in some areas and are in poor condition in others
Needs
0 The area needs to be protected from further decline due to blighting
influences and lack of maintenance and repair
0 Several roadways are in need of repair
0 The Neighborhood Plan for the area pursuant to the City's Comprehensive
Plan needs to be implemented
0 The area needs enhanced code enforcement activity
Ooportunities
0 The location of two schools within the area provide recreational
opportunities for the area's youth
0 Public participation in the neighborhood planning process may stimulate
interest in preserving and enhancing the neighborhood
0 Del Ida Residential/Office zoning district will provide additional
opportunities for low intensity office development
0 Inclusion of the NW corner of 22nd St and Seacrest Blvd. would provide
additional TI F revenue to the Agency
G, Sub-Area #7: "Osceola Park"
Problems
0 The northern portion of the area contains residential properties
sandwiched between incompatible land uses
0 Housing tenure has shifted from owner-occupied to rentals
0 The light industrial uses consist primarily of low investment, high turnover
businesses
0 Many structures within the area are in need of maintenance and minor
repairs
0 Many structures are in need of major repair or rehabilitation
0 Much of the area is located within a wellfield protection zone which limits
the type of commercial and industrial redevelopment
0 The area has lost its stature as a quality housing area
Needs
0 The area needs to be protected from further decline due to blighting
influences and lack of maintenance and repair
0 The Comprehensive Plan requires the preparation of a redevelopment
plan for a portion of the area
0 Several roadways are in need of repair
0 The City's eastern water wellfield needs to be protected
0 The Federal Highway corridor needs to be beautified as the southern
approach to the downtown
Opportunities
0 Due to deteriorated conditions and incompatible land uses in the northern
portion of the area, there is an opportunity for its. redevelopment as a
commercial/industrial/residential mixed use area
0 The single-family character and remaining neighborhood cohesiveness in
3.5
.
the south portion may provide a strong catalyst for stabilization efforts
G, Sub-Area #8: "1-95/10th Street Area"
Problems
0 Much of the area is located within a wellfield protection zone which limits
the type of commercial and industrial redevelopment
0 The single family subdivision contains many structures in need of
maintenance and repair
0 Much of the light industrial development is deteriorated
0 There is a substantial amount of trash and debris located within the vacant
property and in the industrial area
0 The area is particularly barren of landscaping
Needs
0 The need to protect the city's water wells
0 The need to stabilize and revitalize the single family neighborhood and
provide buffer from industrial uses
0 The need to repair and maintain the existing light industrial development
0 Roadways are in need of repair
0 Better code enforcement
0 The area needs additional landscaping
0 The Comprehensive Plan requires a neighborhood plan for the single
family neighborhood
Opportunities
0 Vacant property presents an opportunity for coordinated development
0 Vacant land developed as light industrial could provide additional job
opportunities
0 Public participation in the neighborhood planning process may stimulate
interest in preserving and enhancing the residential neighborhood
0 Expansion of the cemetery to the south will allow direct access from 10th
street and will reduce cemetery traffic within the residential area on 8th
Avenue
II. Functional Needs within the Community Redevelopment Area
As opposed to specific needs identified within the various sub-areas of the Community
redevelopment Area, these "Functional Needs" are areawide in scope and encompass some of the more
serious problems which are prevalent throughout the area and contribute to the overall state of decline.
A, Removal of Slum and Blight
The Community Redevelopment Area contains a substantial number of slum, deteriorated and
deteriorating structures which are a menace to the health, safety or welfare of Area residents. The
existence of these slum and blighted conditions contribute substantially to the spread of disease and crime,
decrease the tax base and substantially impair or arrest sound growth. The major charge of the
Community Redevelopment Agency is the removal of these conditions and to subsequently preserve and
enhance the tax base of the Community Redevelopment Area.
3.6
In 1990, the CRA initiated its no interest subsidized loan program. This program, which is
available to residents and businesses throughout the entire CRA district, together with other more specific
CRA Redevelopment efforts, is expected to provide an impetus for improvement of overall conditions within
the district.
B, Land Use
Delray Beach is primarily a residential community. land uses within the City should be balanced
so that the commercial, recreational and public service needs of all its residents can be conveniently
provided within the community. The Community Redevelopment Area contains a concentration of the city's
poorer, less mobile population who are very dependant upon convenience commercial and recreational
facilities within their neighborhood. There is a potential for redevelopment efforts to eliminate some of
these facilities in favor of higher intensity development. The CRA will ensure that adequate facilities remain
available to meet the needs of area residents when implementing its redevelopment programs. This will
be accomplished through relocation or replacement of needed facilities which are displaced through
redevelopment.
C, Economic Development
The city's survival as a governmental entity is dependent upon the generation of adequate tax
revenues to meet the service needs of its residents. Projects which increase the overall marketability of
the city as a commercial, recreational and residential area will ultimately increase the tax base.
Slum and blight have a negative impact on the tax base of the city and are self propagating.
Although there is often a tendency to focus on individual redevelopment projects at the expense of
resolving underlying problems in order to set the stage for redevelopment, the existing and planned CRA
projects and programs stress the importance of both. The success of this community redevelopment effort
is largely dependent upon the economic vitality of the area. Through programs aimed at the elimination
of slum and blighted conditions and improving the standard of living of its residents, the CRA hopes to
provide the catalyst for the revitalization of the entire area. Additional projects aimed at increasing jobs,
retail sales and other business activity in the area, will complement the process and hopefully solve many
of the underlying problems which originally resulted in this slum and blight.
D, Affordable Housing
In today's economic climate, a major problem for local government is the provision of sufficient
affordable housing to meet the needs of its current and projected population. In general, the housing
delivery system is driven by the private sector. This process is most dependent upon existing economic
conditions which effect the availability of finance capital, the cost of labor and materials, and the price of
land. Local government can have an effect on the process through maintaining an adequate supply of
buildable land and the provision of infrastructure at a reasonable cost or it can take a more active role
through actual construction and sale of housing units.
The role of the CRA in this process will be one of active participation. By implementing programs
which improve the overall area or provide financial opportunities to area residents to improve their living
conditions, the CRA will create the incentive for additional private investment in the area. Other programs,
such as the CRA "Affordable Housing Program", contain elements aimed at providing direct assistance to
developers and would-be home owners in an effort to facilitate the provision of additional affordable
housing units within the area. It is anticipated that these CRA programs will ultimately enhance the appeal
of "in-town" housing opportunities to a broad range of social and economic levels.
E. Infrastructure
Except in association with specific redevelopment projects, the provision of support infrastructure
and community services will be the responsibility of the City. On and off-site infrastructure improvements,
3.7
..
such as parking, roadway improvements and utility upgrades may be used by the CRA as incentives to
secure private sector redevelopment.
F. Recreation Facilities
The City's existing recreational system with programmed improvements of many facilities within the
Community Redevelopment Area is adequate to meet the needs of area residents. The provision or
improvement of recreational facilities is not planned by the CRA at this time. It should be noted; however,
that the CRA may include these facilities in the future as part of an overall redevelopment package
involving the provision of additional housing.
III. Market Conditions and Development Potential
Since 1980 Betweeen 1980 and 1990, the South Florida Region, comprising Dade, Broward and
Palm Beach Counties, has experienced significant growth, increasing from a population of 3.22 million to
4.06 million. over the past 10 years. According to population projections from the University of Florida,
published in 1991, over the next 10 years the region is expected to grow to a population of 4.79 million.
Parallel with this population growth, the region's employment and economic base has also grown and
diversified.
With an overall growth rate of 49.7%, Palm Beach County experienced the highest growth rate among the
three counties since 198Q"~oM3~lgMl~. Because of its attractiveness to new industries as well
as to retirees, the County had a net population increase of 286,780 people with 95.8% due to migration.
Furthermore, over one-third of this new growth has been in South Palm Beach County area, which includes
the Cities of Boynton Beach, Delray Beach and Boca Raton. Although this area in general, and west
Delray Beach in particular, are expected to continue a high rate of growth, the "mature" areas of Delray
Beach, east of 1-95, are not expected to receive significant new population or employment growth.
Without sufficient population growth to spur market demand for new development within the
Community Redevelopment Area, new development west of 1-95 may increasingly compete with existing
development east of 1-95. This is particularly true regarding the competition from regional shopping malls
and planned business and office parks. Thus, to maintain and expand the amount and viability of
development within the Community Redevelopment Area an aggressive public-private strategy must be
pursued to meet the competitive challenges.
A. Retail Market
Within the Community Redevelopment Area there exist a variety of retail activities including
Shoppers Goods, Restaurants, Neighborhood Convenience Goods and Automobile Sales and Service. The
bulk of this existing retail serves residential areas east of 1-95.
It is, of course recognized that there is presently an over-supply of retail space in Palm Beach
County generally and the greater Delray Beach area specifically. However, there is evidence in several
locations throughout South Florida that consumers are again being attracted by the more interesting
environments of downtown/urban centers rather than more sterile suburban shopping centers. Examples
of this are Coconut Grove and Mizner Center in Boca Raton.
1. Comparison (Shoopers) Goods
Downtown Delray Beach, along Atlantic Avenue, between Swinton Avenue and the Intracoastal
Waterway is the city's oldest core of shopping activity. A 1991 field survey indicated that this area contains
approximately 895,162 square feet of commercial building space, with the majority in shoppers goods retail.
In 19Q1, the City of Delray Beach proposesptOposedto establish a "Downtown Core Geographic
3.8
----
Area of Exception (GAE)" to the Countywide Traffic Performance Standards Ordinance in order to foster
the continued development and redevelopment of the downtown area. ~nQ,qgt'JirmiE~l~:l~~~pJ~
l?'Yl;1I~J\.ql!Yil:rmlll~il~:rgigi:flpl:I~qppg!"tltf'i~1~99i'iJY:~m~J;'Ipf~!If9~:g~ll!ggl:iiml,@~Cip!ign!n191:;!iffi9
RgClti~WlE1KmirnEttll~em~2r~yi@YV~~N:PYINJI'l@':2~~J~j;1~~:Mp~HQfMi~:'~yjjtYM@IPQPlPi;iti~nEliy~'p'~n
~~~~!~i.f~l!!~jg!~!;~i~~.~~:;i~:il:~,o:ot~o~~:~~:~no~~,~1~~~~~Z~mf:;t~;ij~l;~~
~il!l~KIiJ6][min~qllin!YEii'i,gi~i:~ili'!Qriglli~im~K!iffiQ,'~i!;igirg!t:
.J;[1iIlI;llgll,gag~nIl~~R~g~g:nlgIigQ!ggli~l~t;~1!inljg:l~~!;illi~EQillgnE.!!I!gifly~gllnm!gEJ:~:~~i'
mgKeBf'~JJllili~j'~yifj1i~'K~~n;:mIMfn1i;~~~t~i;~III.~,jmgW~~'OC:~1'!tltle~Jj,pJiimmlmYQf'mi~'iiii~lYViU
iRlp!i~''iIllgli;gQiJi:pJgpQgiliii!EUE;i;:The establishment of the CAe will further this end by allowing the
increases in traffic which will undoubtedly occur j~i;tn~mqQlfjtQYVQi'i~l~~~gilfliltt
The vitality of retail areas, particularly those in older downtowns, has proven dependant on two
primary factors which are as follows:
0 The existence of a sufficient amount of quality retailing, i.e., a critical
mass, to attract potential customers; and
0 Proximity of a residential customer base that can provide activity into the
evening hours.
The proposed CAe development scenario for the dO'Y'f'ntown core, recognizes Il:;m~,lli.~~!
i;mJ~~IQRf'ttijj~tp'im;;!lrrtl'lligQWttfQS9ii::jr~~lf.ijXjEltle~mj~!;pgJl'l[Qtthese realities with-its emphasis on both
retail and multi-family residential development. As indicated in the pggilmI'GAE application, actions aimed
at enlarging the market area or increasing the capture rate could $j9oIfi_Jly!lncrease the amount of non-
office commercial space. by an additional 217,832 square feet.
Such actions should include:
0 An improved and unified shopping district identity;
0 A coordinated advertising and promotion program;
0 A coordinated merchandising and leasing strategy; and
0 Retail recruitment aimed at additional apparel stores and a junior
department store as a retail anchor.
2. Restaurants
At present, the existing supply of restaurants within the Community Redevelopment Area is
estimated to represent the current market potential within the existing market area. In order for additional
restaurants to be supported, the downtown must draw more support from residents west of 1-95 and from
outside the area. This can be accomplished through the actions designed to expand the comparison
(shoppers) goods market and by providing coordinated shopping and entertainment activities along Atlantic
Avenue. Atlantic Plaza is an excellent example of this approach.
3. Neighborhood Convenience
Neighborhood convenience retail caters to the daily needs of nearby residents and includes grocery
stores, drugstores and the like. At present residents in the Community Redevelopment Area are served
by convenience retailers along N.E. 2nd Avenue, including the Publix shopping center, as well as smaller
3.9
"'
markets along Atlantic Avenue. Because little local population growth is projected, much potential does
not exist for the expansion of the convenience retail market within the Community Redevelopment Area.
On the contrary, the current trend of coupling gas stations with convenience stores and the development
of new modern community shopping centers outside the Community Redevelopment Area may reduce
support for existing convenience retail along N.E. 2nd Avenue and West Atlantic Avenue. Thus, the
objective of the Plan is to maintain the competitive position of the existing convenience retail market.
4. Automobile Dealers
Automobile dealers and related uses have historically concentrated along Federal Highway in South
Delray, representing a significant portion of the county's automobile sales. The availability of highly
accessible sites for such uses combined with projected regional population growth would indicate continued
potential for such uses. Conversely, due to the tremendous growth of office and other commercial
development west of 1-95 and along Congress Avenue, demand for non-automobile uses along Federal
Highway is expected to remain weak. This scenario would suggest policies to maintain and improve
existing auto-related businesses at appropriate locations along Federal Highway.
B, Office Potential
The demand for office space is related to the creation of new businesses as well as to the desire
among existing expanding businesses to "move-up" to newer or better office space. Because of the
amount of prime office space already available and the amount of remaining land in planned office parks,
a market for major office projects within the Community Redevelopment Area does not exist for the
foreseeable future. This conclusion is supported by the high vacancy rates of several downtown office
buildings, including Delray Cxecuti"t"8 Mall artd the Atl8fltic rlaza Office Tower. Overall, based upon current
treflds afld cOflditioflS, the CAE De'lelopmeflt Sceflsrio predicts a net 1033 of nearly 5,000 sq. ft. of office
space through redevelopment and use con'~'ersions within the downtown area by the year 2010.
An additional market does exist within the Community Redevelopment Area for smaller prOfessional
office space to serve legal, medical, financial, real estate and related businesses. Due in part to the large
retirement population east of the Intracoastal Waterway demand for medical office space within the
Community Redevelopment Area has been strong. Similarly, there is also a demand for other professional
office space including legal offices. Such users prefer smaller scale personalized and affordable buildings
prevalent in mixed-use downtown areas. This market demand is currently being met through use
conversions of residential buildings. One such project, known as "Historic Executive Suites", involved the
conversion of 4 residential structures into 19 office suites and offers a complete package of office support
services. Additional opportunities exist for use conversion or home occupation within the Old School
Square Historic Arts District.
Although, it was once believed that the South County Courthouse would significantly increase the
market potential for legal office office space in the area, this has not proved the case. With no jury trials
or jury pools, the potential for additional office space is minor.
C, Hotel Development Potential
Within the Community Redevelopment Area the largest and most modern hotel is the 150 room
Camino Real Holiday Inn at Atlantic Avenue and Ocean Boulevard. At present, the market for this hotel
is balanced with business travelers and tourists. A planned 100 room expansion of the facility was
approved by the City in 1991. Additional facilities within the downtown area, including the historic Colony
Hotel, account for an additional 231 hotel rooms.
Redevelopment efforts within the downtown area, aimed at increasing the tourism potential, may
encourage limited future demand for additional hotel rooms. However, because only a very small
proportion of the Community Redevelopment Area possesses the amenity of ocean-frontage, it is unliKely
that an additional large-scale tourist-related hotel could be supported within the Area.
3.10
-----_._---
D, Industrial Development Potential
When the City of Delray Beach was founded, a major means for the shipment of goods to and from
northern markets, was the railroad. Hence, the Central Business District of the City logically developed
around the railroad line. The railroad is not; however, without its negative impacts (e.g. noise, & vibration),
particular1y on low intensity development. Therefore, adjacent properties developed primarily into a heavy
commercial/light industrial land use pattern. Prior to the adoption of the Land Development Regulations
in October 1990, special provisions were incorporated into the zoning code to permit specific land uses in
addition to those ordinarily allowed within the respective zoning districts. This was done so the higher
intensity existing land uses centered around the railroad corridor would remain conforming with respect to
zoning. Although these provisions were continued in the new lDR'S, this land uge problem will be
addregsed in rY 1993194 lJti~%L?itMjjfQrm~gim~gj~e~g'ndyiJfitil;~~i~mmi(t~~NifJmi.~~,tQ;j~vil\.(it~jm~
'i?r.gPl~m,E.gKc~QITim~ggiiij~QlgliQiltK,iJ:ljli,;~;:KqQ'!@~~g%fQij@tt1~:,;:~~%i!'iQI!4gingml.ijy~~~i.lii.UJ9i!lgi~~;
~i.~tifJg;Np:itil$ingM:ifigN~mpIQ~m~mli:~~dgUen:;m~gditi:itil,gPQn%agl,'jiti~~tiU~ti~gQ'NVii:~:;g~~ij:ltl~
!lmmiJ!mi~~lQBiii1;lli~I1!liigi~!g~;j~gmJmj;:~QI[I@e!4~i!li~j~lgliElllm@9i~li9g~,t.~a:~)1
;m1,ifj~igi$t.iN"~~Nlng1~ii~:'iQQg:ei(gf~;i.!:f~fing~(m~mmiUndit'lg~s*if%m~:i~~t%~x_d~,;'Vii~in~
~tr;_I~iig;g::;n'iIQl~;jlig:~~[rlI!li!ti~QQ~'g~ti!iggiIiIKQY;@:~i:ig'ig~igi'g:ggl~I:iggiiig!lil~igi
~tg~~g~i!Im
Another thrust of thegQ~!Qin:r-~~Y;~IQP'm~ntrI'tQl"t CAe Development Ccenario is to capitalize
and expand on this existing industrial base. This expansion will occur in the eastern portion of the
Pineapple Grove Neighborhood, along both sides of the railroad tracks, between N.E. 1st Street and N.E.
4th Street. The establishment of this "Pineapple Grove Business Par/(' will require a concentrated effort
to promote the advantages of the relatively low cost sites with available infrastructure in order to attract
significant additional businesses to the area. A "business park" type improvement effort that would involve
some coordinated streetscape and landscape improvements would be helpful as would a coordinated
marketing effort similar to those of private business parks.
The thematic focus of the business park will be on arts, crafts, design professions, specialty
construction services, etc., which will give the area a certain synergy not found in the newer business parks
west of town. This area will also provide support for the retail development along Pineapple Grove way,
which would showcase art, crafts, and other products produced in the adjacent business park. Although
undeveloped property within the area is limited, it is important to note that redevelopment with this thematic
focus may be appropriate in much of the area.
The future success of this particular initiative is difficult to assess, likely being dependant on good
marketing and the early capture of a few key tenants to set the tone. There is evidence in South Florida
that initiatives of this type can work. Illustrative examples are the Design District, north of downtown Miami
and the "Bird Village" area of Coral Gables. While success for this concept is not easily predictable, the
concept is worthy of support for the following reasons:
0 The revitalization of the downtown core as a retail/residential area requires
stabilization of its fringe areas such as Pineapple grove; and
0 Successful industrial redevelopment within Pineapple Grove could provide
enhanced economic opportunities for the economically disadvantaged
areas immediately west of the downtown through the creation of additional
employment opportunities.
Another area of the CRA which has the potential for additional industrial development is the
Interstate 95/SW 10th Street area. This area, located in the southwest corner of the Community
Redevelopment Area, contains a mix of light industrial and commercial land uses together with a large
cemetery and a single family residential neighborhood. The Community nedevelopment Agency ig
recommending that that City initiate amendmentg to its Comprehensive rlan and Land Development
negulations to recla3sify the vacant property beh'lCon the existing Ifldustrial Uses and the residontial
3.11
neighborhood to Ught Industrial. It is important to note; however, that the proximity of the City's Series 20
Wellfield makes it imperative that these amendments include provisions to restrict l:Ise of tl'le property to
onfy(JQvi;JJQpi'jj'i!jot;;QfiJtiJ$g~[Q~gbfjg(i:i$triPti;J~J;tQ clean industries which are non-impacting on the wellfield.
E. Residential Development Potential
As previously cited, population growth in Palm Beach County has been high in recent years,
resulting in the demand for an additional 165,991 housing units from 1980 to 1990, with the bulk of it
located in new developments west of 1-95. In spite of this high regional housing demand, little of this
growth is being accommodated within the Oelray Beach Community Redevelopment Area due largely to
the characteristics of its existing neighborhoods. Overall, this area contains the majority of the older, poorer
quality housing within the City. The bulk of these neighborhoods are occupied by low-moderate income
minority households, the majority of which cannot afford adequate housing in today's high-priced market.
Key opportunities for housing development relate to the availability of a significant number of vacant
land parcels within the older residential neighborhood. One recently completed project, known as
"A1lamanda Gardens", features home ownership of three-bedroom, two-bath units on single family lots.
Additional opportunities still exist for private development of both subsidized and non-subsidized infill
housing.
In addition to the need for housing to serve the needs of low-moderate income households, there
is also an opportunity to attract younger upwardly mobile households within and adjacent to a revitalizing
downtown area. The ability to attract such a market is largely related to the development of downtown as
a lively center for shopping, entertainment and cultural activities. Specific opportunities relate to the
revitalization of the existing older housing stock within the Old School Square Historic Arts District, to the
immediate west of downtown.
Furthermore, the high occupancy rates of multi-family residential units in such locations as Coconut
Grove, South Beach (Miami Beach), and Mizner Park indicates that a segment of the market at a wide
range of prices is attracted to residential environments that combine housing and commercial uses in a
"village-like" ambiance.
IV. Neighborhood Impacts of Redevelopment Efforts
The following section describes the potential impacts of redevelopment efforts on the residential
neighborhoods of the Community Redevelopment Area and surrounding areas. While neighborhood
impacts have been considered for the specific redevelopment actions recommended in this Plan, it should
be noted that many of these projects are in the early stages of planning. Therefore, some impacts resulting
from their implementation may as yet be undetermined. As these projects become more clearly defined,
and additional impacts are identified, this section of the Plan will be amended. Other actions described in
the Plan for subsequent years are subject to further refinement and elaboration in the intervening period
and are consequently not included in the consideration of short range impacts.
A, Relocation Of Displaced Residents and Businesses
Residential relocations are contemplated by this plan in connection with two projects. These
projects are, the Block 60 Redevelopment Project and expansion of the South County Courthouse. While
no other relocations are anticipated at this time, it is important to note that changing conditions or
modifications to planned projects may result in some residential displacement. In the event that existing
or future CRA lead agency projects do require the relocation of residents, a relocation plan will be
submitted as a component of the project package prior to official action on the project.
It is also important to note that through the combined efforts of the Community Redevelopment
Agency, the City, and the private development community, the neighborhood housing stock will be
3.12
___0..
expanded and thereby provide opportunities for the relocation of residents elsewhere in the neighborhood.
The displacement of some existing businesses is contemplated with the majority of the planned
redevelopment projects of the CRA. During the planning phase of each redevelopment project, the
relocation of displaced businesses will be considered.
To protect the residents within the Community Redevelopment Area, the CRA shall formally adopt
a relocation policy containing procedures for relocation, (See Policy B-4.4, Part 5 of this Plan). When
required by redevelopment actions, the relocation of residents within the Community Redevelopment Area
will follow these procedures. Expenses and financial assistance required by these procedures shall
become the responsibility of the Community Redevelopment Agency.
B, Traffic Circulation
Although the proposed redevelopment actions will inevitably increase overall traffic, the Community
Redevelopment Area is blessed with an existing roadway network that services the entire area.
Additionally, the Decade of Excellence Bond contains many traffic circulation improvement projects
including street reconstructions, alleyway improvements and road widenings, which will increase the
functional capacity of the existing system. The major redevelopment projects contained within this plan are
generally adjacent to major transportation corridors and are not anticipated to degrade traffic circulation
within the residential areas of the Community Redevelopment Area.
The major impacts of the CRA's redevelopment efforts on the existing roadway network will occur
through its efforts to revitalize and redevelop the downtown coregg!"~~~If'llf~gJ!q;ly~ggti. It should be
noted; however, that continued development and redevelopment of the compact downtown core should also
encourage alternate means of transportation, particularity where employment and housing are within
walking distance of each other. A component of the redevelopment effort is the provision of housing units
within the downtown area. Many of the residents of these housing units will then be able to walk or bicycle
to shopping or to work.
Several other redevelopment projects, located outside the downtown, are aimed at increasing
economic vitality through the addition of employment or shopping opportunities. The close proximity of
residential development to these projects will, as in the downtown, create opportunities for residents to walk
or bicycle to work.
Although implementation of individual redevelopment projects may require improvements or
modifications to the existing roadway network, these localized impacts will be reviewed when specific
project designs are undertaken. It is also recommended that architectural and site-specific design solutions
be considered to mitigate potential traffic and parking impacts of specific projects on adjacent residential
neighborhoods.
C, Environmental Quality
The redevelopment actions proposed in the Plan are intended to improve the environmental quality
within the Redevelopment Area. At least one program, the Subsidized Loan Program, will have positive
impacts throughout the Community Redevelopment Area. This program allows residents and businesses
throughout the area to make exterior improvements to their properties which they could not otherwise
afford. It is expected that improvements associated with this program will foster a new sense of community
pride and spur additional revitalization efforts throughout the area.
Streetscape and landscape improvements associated with many of the redevelopment projects will,
when completed, upgrade the overall appearance of surrounding areas. Several projects, involving removal
of existing uses and then full-scale redevelopment will improve the appearance of several blocks within
the downtown.
3.13
0, Availability of Community Facilities and Services
Since the Community Redevelopment Area contains the oldest sections of the City, it has the
availability of the full range of community services and facilities associated with urbanized areas. However,
due to the age of these systems, there is a potential problem with their condition and/or poor design.
Therefore, implementation of individual redevelopment projects and streetscape beautification projects may
require improvements or modifications to existing systems.
In recent years, the City of Delray Beach has expended considerable funds on infrastructure
improvements and beautification efforts. Additionally, the City has committed over 21 million dollars to
public improvements, currently under way, through its Decade of Excellence bond program. The majority
of the improvements funded by the bond are located within the Community Redevelopment Area, including
several major drainage projects and the new Fire Station Headquarters.
Recreational facilities throughout the Community Redevelopment Area are being retained and in
many instances undergoing extensive improvements under the City's Decade of Excellence Bond.
Additionally, the City is in the process of completing the1jf;Jgiggmpt~!~g;'ml'i@~@n~ivf# renovation of the
Municipal Tennis Center.
E, Effect on School Population
At the present time, there are four existing public schools within the Community Redevelopment
Area and one school, Pine Grove Elementary is on the fringe. Information on permanent capacity and
current student population is provided in the following table:
S. D. Spady Elementary School 587 594
Plumosa Elementary School 585 583
Carver Middle School (New) 1,275 1,247
Atlantic High School 1,838 2,031
Pine Grove Elementary School 596 865
Totals 4,881 5,320
Table 3-1 : Public Schools Source: Palm Beach County School Board
It is important to note that one of these schools, Carver Middle Bchool is scheduled to be replaced
with a neN facility to be located west of the Community nede....elopment Area. The existing school facility
on C.W. 3rd Street, is to be adapted for use as a ''ramily Services Center".
The School Board has also planned for expansion of Atlantic High School and Pine Grove
Elementary to meet the existing demand. No other major actions affecting existing school facilities within
the Redevelopment Area are planned by the Palm Beach County School Board at this time. The residential
development programs identified within the Community Redevelopment Plan will likely represent only a
small percentage of overall County population growth. However, based on current overcrowded conditions
in three of the five existing area schools and demographic projections indicated by the County, additional
housing development and population growth in the Community Redevelopment Area will likely contribute
to some extent to the overcrowded school conditions that now exist.
3.14
v. Relationship to the City's Comprehensive Plan
Florida Statutes require that the Community Redevelopment Plan be consistent with the City's
Comprehensive Plan. In order to remain current in the fast-paced, highly volatile economy of South
Florida, the Community Redevelopment Plan will have to be amended when programs are changed or as
new programs and projects that were not included in the original plan are proposed. To maintain
consistency with the City's Plan a two-tiered approach will be used during the amendment process.
The first step in the process is an administrative determination by the City Manager, or his
designee, as to whether the proposed amendment is procedural/technical (e.g. changes to dates, amounts
of project funding, updates, etc.) or substantive, (adoption of a new program). Under the former
determination, the amendment would go directly to the City Commission with the staff finding. Under the
latter, the amendment would first be reviewed by the LPA (P&Z Board) for determination of consistency
with the City's Comprehensive Plan and then forwarded to the City Commission with recommendations.
Since amendments to the City's Comprehensive Plan require a time consuming process and are
allowed only twice a year except in cases of emergency, the Community Redevelopment Plan will not be
completely assimilated into the Comprehensive Plan.
Those portions of the CRA Plan and subsequent amendments which involve only the resources
of the CRA will not be included within the City's Comprehensive Plan. However, whenever significant City
Participation is a part of a CRA project and such participation has not been addressed in the
Comprehensive Plan, it may be necessary to process a Comprehensive Plan Amendment prior to action
by the City. Generally, it will be necessary to amend the Comprehensive Plan in order to accommodate
the following:
0 Those portions of the CRA Plan which would otherwise be in conflict
or inconsistent with the Comprehensive Plan as it is now written;
0 To provide City financing, or financial assistance, to projects
identified in the CRA Plan which are not already in the
Comprehensive Plan; and
0 To reassess and modify existing policies in the Land Use Element
calling for joint CRAlCity participation.
It is anticipated that implementation of some of the Community Redevelopment Agency's programs
will require City financing or financial assistance. Additionally, this Community Redevelopment Plan is
recommending several changes of Future Land Use designation and amendments to the City's Land
Development Regulations. Redevelopment projects which are dependant upon these actions may be
delayed until the City can make the required changes.
3.15
part fOur.
"{he Rede"e\Opmeot
program
PART FOUR: THE REDEVELOPMENT PROGRAM
I. Redevelopment Strategies
A, Sub-Area 1: The "Downtown Area"
The redevelopment strategy for this area shall be to increase the overall intensity of the downtown.
New development and redevelopment projects shall be structured to increase both daytime and nighttime
activity within the area, but shall be appropriately designed and strategically located to maintain the "village
like" character of the area. Efforts to increase residential development within the area shall playa key role
in the revitalization efforts.
B, Sub-Area 2: "The Governmental and Cultural Center"
The redevelopment strategy for this area shall be twofold: (1) Provide for a central consolidation
of government facilities and support services within the City along the Atlantic Avenue Frontage through
redevelopment of property to uses which complement the South County Courthouse and City Hall Complex;
and, (2) Provide for the location of mixed uses of residential, offices and arts related commercial activities
which encourage the restoration and preservation of the "Old School Square Historic Arts District"
C. Sub-Area 3: "The West Atlantic Avenue Corridor"
The redevelopment strategy for this area shall be to create a positive visual impact and to
emphasize its importance as the an entrance to the downtown core of the City. Redevelopment projects
within the corridor shall be either residential, neighborhood commercial (meeting the service needs of the
surrounding neighborhood), community commercial (meeting the service needs of the community at large)
or mixed use consisting of both residential and commercial development.
D, Sub-Area 4: "The Residential Core"
The redevelopment strategy for this area shall be threefold. (1) Conservancy of existing good-
quality housing; (2) Rehabilitation or demolition/replacement of substandard housing; and, (3) Development
of additional housing units appropriately located on vacant lots within the area.
E, Sub-Area 5: "North Federal Highway"
The redevelopment strategy for this area shall be twofold: (1) Selective redevelopment of the
Federal Highway frontage in order to eliminate obsolete and deteriorated buildings, reduce negative
impacts, and provide for better utilization of land and resources in keeping with the high visibility location;
and, (2) Stabilization of the residential neighborhoods through selective revitalization and rehabilitation
efforts.
F. Sub-Area 6: "Northeast Neighborhood"
The redevelopment strategy for this area shall be to arrest the further decline of the neighborhood
through revitalization and other programs aimed at stabilization.
G, Sub-Area 7: "Osceola Park"
The redevelopment strategy for this area shall be twofold: (1) Redevelopment of the northern
portion of the area (i.e. north of 5th street) as a mixed use area containing commercial and high density
residential development; and, (2) Stabilization of the residential neighborhood in the southern portion of the
area through selective revitalization and rehabilitation programs.
4.1
.
H, Sub-Area 8: "1-95110th Street"
The redevelopment strategy for this area shall be twofold: (1) Increase the amount of industrially
zoned land in the area for clean industrial uses which will not impact the adjacent wellfield; and, (2)
Stabilization of the existing residential neighborhood through selective revitalization and rehabilitation
programs.
II. The Project Decision Process
In order to understand the project decision process, it is important to first note that the Community
Redevelopment Agency cannot possibly fund the immense task of redevelopment on its own. It must
therefore structure its programs to act as catalysts for redevelopment efforts by individual residents and
businesses within the CRA and to leverage investment by private enterprise. With limited resources
available for redevelopment efforts, the Agency must be careful not to spread itself to thin by attempting
to do too much at once. Innovative programming on the part of the Agency is necessary to maximize
benefits from expenditures. Since the implementation of a few strategically placed well-funded programs
may have a much greater impact on the overall area than many inadequately funded ones, programs must
be evaluated in the context of "The Big Picture" and implemented accordingly.
III. Community Redevelopment Agency Projects and Programs
The projects and programs of the Community Redevelopment Agency are designed to solve
underlying problems which have a blighting influence on the Community Redevelopment Area, satisfy basic
needs of the populace or take advantage of opportunities for economic, social or aesthetic improvement.
Overall redevelopment strategies of both the CRA and the City are embodied within these projects and
programs undertaken by the CRA. This portion of the Plan is the heart of the Community Redevelopment
Program.
The following sections provide a detailed description of all current and proposed projects and
programs for which funding is provided, or will be provided, by the Community Redevelopment Agency.
For organizational purposes, these projects and programs have been divided into three groups: Group "1":
Planning; Group "2"; Redevelopment; and Group "3": Community Improvement. This organizational
structure is not; however meant to be mutually exclusive, since many projects contain components which
fit into more than one category.
A. GROUP "1": PLANNING
# 1,1: "Downtown Core Geographic Area of Exception"
This project was completed in FY 1991/1992 (See Appendix "E" for
description of project)
# 1,2: "West Atlantic Avenue Redevelopment Plan"
Background
The West Atlantic Corridor between NW and SW 1 st Streets was designated as "Redevelopment -
Area #1" on the City's Land Use Plan. Due to its location and land use pattern, this area has considerable
potential for mixed-use development. Specific guidelines pertaining to the area are contained within the
Comprehensive Plan Land Use Element Policy C-2.4 and Housing Element Policy B-3.1. The
4.2
Comprehensive Plan calls for the preparation of a "Redevelopment Plan" which will be adopted as a local
Plan amendment. Once adopted, this plan will become the primary document for directing redevelopment
efforts in the area.
Prior to adoption of the Redevelopment Plan, public investment - in terms of infrastructure - is
to be minimal and private development proposals are to be deferred until the plan is completed or
considered on their own merits with existing zoning and the policies of the Comprehensive Plan.
A redevelopment strategy for this area was presented to the public in 1988, which outlined
substantial demolition and would have required the relocation of a large number of displaced residents and
businesses. This plan met with considerable public opposition and was abandoned.
In 1993, the CRA organized the first phase of the planning effort by inviting numerous community
members to a series of organizational meetings to discuss the concept of developing a West Atlantic
Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted
in the organization of a larger community based Steering Committee of over 50 people. The initial charge
of this Steering Committee was to develop a process and strategy for the planning effort. The Steering
Committee participants referred to themselves as "Stakeholders" in the resulting process which was
termed "Visions West Atlantic". "Visions West Atlantic" is a forum for a series of community meetings
which will ultimately produce recommendations concerning redevelopment issues for West Atlantic Avenue.
These recommendations are then to form the backbone of the redevelopment plan, 'If1iggil~~Ji~9QRJ~9;!:iy
mjr~~ity,'j'tiWj'~sa.
lti%1,~~~IA%tfij,;qQm;rol.il'iitY;:OYi$iQ'ti$;mjjtitig~~ArjqQgoi~(,J,;tt'f~~;:mj;:'O~g;tQlm~illt~,ti;Jlm'~;i'i;Jgj~IQProi;JJ)t
gfE~~~tii~tlimtiQ,;ly,@gg@;~YlgMnQtI;IQPi;li!nlgQfjJp!@tiQnitQ,f;im[@JipJ~g@ii'iilf!@cJiii;~~g,@i;;Q"fMg,i~l)~i!Qi[iii!fii@
gfQJjpt:imf~J::\Ii$fij(,Jnjnj;:;iij~gfQi'Ki:prQj~q~rm~ti~g~r;t9gjmpljm~nt,;tfjjgplimiMW:mi;JgdQJjilf;tfji$.!i;PQi'~Qiiji&YQyla
.~IQ1liIit@ll!@ZmQn!gIYi'I~IQn,~im@@tigg~j!,IQti~Jii:Jj@!~QiXil5@.@nil!liQQm.g!tYimQgi;'img;:;!fiij;i~~~ili
lfi(lfiJQ'Wim'pljrojiilrJt'i$IfQaQYQIQPm~nt;~Jr~tilgij$~O[~ini;J(,Jritigtfj~;pJ~tii
Project Objectives
0 Commencement of the planning process in FY 1992/1993 and successful completion and adoption
of the Redevelopment Plan in FY1993/199"Ji~1~~~Zlig~?j
Project Description
0 Implementation of an AIAlCnA r10ridalUrban Design A'8sistance Team (F/DAT) rrogram a design
charrette in the fall of 1993.
0 Preparation of a "Redevelopment Plan" which will:
- Utilize a "Visioning Process", which includes maximum feasible citizen participation to
develop a consensus on the redevelopment issues of West Atlantic Avenue, including
proposals for land use and Land Development Regulation (LOR) changes;
- Encourage redevelopment and enhancement of the West Atlantic Avenue Business
Corridor District;
- Encourage minority business development; and
- Increase housing opportunities
Project Participants and Administration
e The r/DAT program shall be a joint CrwAIA effort
(> el~J"lflln91cf~sigf1."'..profe~si()nals....t()/help..Cornlllunityrnemb~rsit()fvi~u~ljzeitbeir..ctesigf1.. ideas.. .and
ct~v~loPlin.()yerall.~nceptfor West AtJanticAvenu.e .ata desi9nch~rrette;
0 The Community Redevelopment Agency shall be the lead agency in the preparation of the Plan.
0 Other participants in the program may include, but are not limited to, the City of Delray Beach, the
4.3
"
Delray Merchants Association, the West Atlantic Property Owners Association, Churches United,
Haitian American Chamber of Commerce, Visions West Atlantic Steering Committee and interested
residents
Funding Sources
0 The CRA and others, as appropriate, will provide funding for staff support and professional
consultants, if required.
Project Schedule
0 Ff8A=FrmiiClii$igo;:~J;jartiiltiiw~if~(iip!j'iliia in the fall of 1993
0 Completion and adoption of the Plan in FY 1990{19941i~iE1;~~'h1i~~@
,;) :fiJ,~~~~!IQm~nliirQi!llii,tid~fj,~g~r,;~i;,~li~iil'ig~gft"g'L~:~~~i
# 1,3: "CBD Development Plan"
Background
The City's Comprehensive Plan, Land Use Element Policy C-4.3 requires that a special CBD
Development Plan be developed jointly by the CRA and the City. Due to the character and condition of
the downtown area, a unique blend of development, redevelopment , and revitalization will be needed in
order to achieve its ultimate development potential. The purpose of the CBD Development Plan is to
provide an overall framework within which future development decisions may be made.
Many studies and projects have been undertaken, upon which, the specifics of the overall
Development Plan for the downtown may be built. These include, the Downtown Core GAE application,
the CBD Alleyway Improvement Program, the Parking Study Committee report and various downtown
improvement projects authorized by the Decade of Excellence Bond.
,;!:;;~;';,i;:';WfMtJi1!"~rI&tiB~~i";fQ~ifJBl9Jljg~j"!71ifm,iit.tn@gl;Q~Hl;(mg"~pgi:'!~li;Ql'iiilgE.g!II;"@~iif!~lr~y.;i~~~@n2IQ!;!!~IP!!~t]
I!BEg~f.ml~ligi'\i~ii~gt{@i<<~i,E&.mIQjjifm~!li[~ie!Y~J"if;lf!rl.ililti!lm!ll~ifgQ&IllQII\~~!iiiNQtggimi,ioJ*tl~
gig!fi@Iii.liilnl!i~~;n@~!~ln;i&llnLt~;IQiigi!YQ@;~~~lll'lngg;ly~gq~;Q~.~n;~~gIQi1i1y~glli~gg
JttiiiMIfj;gW,~~~fA~\t~nIIE~!@Uit;~~liQ~ti'E\tjj'iji!ft"lt-~~~~t~J'ft~llt.y;;ltiaii'lt%#i~li;l;W;E~~n~hm~otWQtflfji~
ilil'i\li1l!f!II!tgll;lQ'@4il'ig[~~![~Kiniilr~ftig!:i!;!igniili!I;;g:gggy~!~Qly'";gGiYr;ll~HIQi;LtQl'ftlgl'ft;[!gillr@Q~y~IQi?!!QJ;;:
iI1;illlJ'[i~!lprQgii~~;Wi!l!iaf~gi~"ltgytili~iiCf!:t~iitf@!i\fila@fin~:Jtl~gQY"~haUiig~@JQP(iiltiJiipgt~nli~llQf'!\tj,~iCf~JgitiW
Project Objectives
0 Successful completion and adoption of the Development Plan in FY 1994/1995E'l":;1~f!!$b1;~~f
Project Description
0 Preparation of a "Development Plan" which will:
- Within the limits set forth in the CAC, refine the COD De\elopment Scenario to further
define the development image of the downtoo'f"n
- l.Jlili~QtljQ;'tyt;5prQQe~~!i:i~Pi:ii~lli'rtirJg"".QairJfitQ:ii$Qt.Cf~,,~IQprnerlti:iI>lil1lit~'~I'i(j'(j~firJe:tnQ.....
il1l~gQof.....thii>aowotowl'i~te~.
- Determine roles of both public and private sectors in achieving the proposed development
image
- Identify infrastructure requirements, including parking, which will be needed to
accommodate the ultimate level of intensity
- Include incentives to encourage private redevelopment efforts within the Central Business
4.4
District, such as multi-use projects which provide in-town housing opportunities
- Provide implementation strategies for achieving the proposed development image and
requisite infrastructure, including long-range marketing and financial plans
Project Participants and Administration
0 The Plan shall be prepared under the lead of the CRA with the assistance of the City Planning
Department. (Note: This will require a City Comprehensive Plan Amendment)
0 Other participants in the project may include, but are not limited to, the Atlantic Avenue Association,
DDA, Chamber of Commerce, Council of 100, professional consultants and interested residents
Funding Sources
0 The CRA and others, as appropriate, will provide funding for staff support and professional
consultants as required.
Project Schedule
0 Begin Plan in FY 1993/1994. Complete Plan in rY 1994/1995 i~i;~i~~?b~ii~pA
# 1,4: "Master Parking Program"
Background
The problem of parking has long been a major point of concern within the City of Delray Beach.
Specific issues, such as CBD parking regulations, in-lieu fees, adequacy of the existing parking supply and
the use of meters in the downtown have continued to be points of controversy among community leaders.
In July, of 1991, the City commission appointed a Parking Study Committee under the direction of the
Community Redevelopment Agency to address these and other issues and reach a consensus on how to
deal with the so called "parking problem" in Delray Beach. The recommendations of the Committee was
officially presented to the City Commission in mid 1992 in the form of a "Master Parking Plan".
In making its determination on how to address the various parking related issues, it was decided
that existing revenue sources do not generate sufficient funds to allow independent operation of a Parking
Authority. However, with an aggressive program, an independent authority could be established in the
future. In the interim, a Parking Management Team (PMT) was appointed by the City Commission to
handle referrals of parking related issues as well as the implementation of the Master Parking Program.
This Parking Management Team is charged with the responsibility of maintaining and operating an
adequate supply of parking within the Atlantic Avenue corridor and downtown area.
To fund its activities, the Parking Management Team will have access, with authorization by the
City Commission, to a Parking Reserve Fund, This fund, which initially contains the City's in-lieu parking
fees will ultimately contain other revenues generated by the parking system as well as any direct
contributions by the City and various agencies as appropriate.
Program Objectives
0 The provision, operation and maintenance of an adequate supply of parking to meet current and
future demand.
Program Description
4.5
0 Acceptance and adoption of a Master Parking Plan by the City Commission. (Accomplished in
1992)
0 Establishment of a Parking Management Team by the City. (Accomplished October 27, 1992 via
City Resolution No. 121-92)
0 The City will initiate appropriate amendments to the Comprehensive Plan and Land Development
Regulations as required to implement the program.
0 Establishment of a Parking Reserve Fund and identification of appropriate revenue sources to fund
it.
0 Administration of the Program by the Parking Management Team
0 Expenditures from the Parking Reserve Fund will require authorization by the City Commission
Program Participants and Administration
0 The City Commission shall be responsible for appointments of representatives to the Parking
Management Team and for organization of the Parking Reserve Fund.
0 The City Planning Department shall be responsible for initiation of appropriate amendments to the
Comprehensive Plan and LDR's.
0 Representatives shall be nominated through the CRA
0 The CRA shall provide clerical and logistic support for the team
0 The Team shall be comprised of a representative from each of the following: CRA; DDA; P&Z
Board; City Commission; Chamber of Commerce; Business operator and/or land owner in original
DDA area; Business operator or land owner in expanded CBD; Business operator and/or land
owner in commercial beach area; Business operator or land owner on West Atlantic Avenue; and,
Business operator or land owner in the OSSHAD Zoning District.
0 The CRA's representative to the team shall hold the chairmanship
Funding Sources
0 Various parking related revenues as deemed appropriate by the City Commission.
0 Additional City, CRA and DDA contributions as appropriate.
Program Schedule
0 The program was implemented in FY 1992/1993
# 1,5: "Del Ida Park Neighborhood Improvement Plan"
Background
This Historic District, commonly known as "Del Ida Park", is bounded by N.E. 4th Street, N.E. 8th
Street, Swinton Avenue and the F.E.C. Railroad. Zoning in the area includes "R-1-AA Single-Family
Residential" I "RL Low Density Residential" and "RO Residential/Office". Land uses are varied, containing
a mixture single-family and multi-family residences and professional/medical offices.
The area contains many historic structures and has a unique quality that is attractive to small scale
office users and home occupations. With beautification and elimination of some of the blighted conditions,
expansion of these types of uses in the area is likely. The medical professionals in the area are particularly
interested in participating in the improvement of the neighborhood. The major goal of this planning effort
is the implementation of a community based neighborhood improvement program which is primarily funded
by the property owners.
Program Objectives
4.6
~...__."_.- -~---
0 Elimination of slum and blighted conditions, particularly on N.E, 3rd Avenue and N.E. 4th Street
to prevent the of these conditions to other parts of the neighborhood.
0 Encourage development and redevelopment on RO zoned property, particularly for medical offices.
0 Promote historic preservation
0 Promote residential rehabilitation
0 Increase employment and business opportunities in the area.
Program Description
0 Prepare a comprehensive study of the area including:
- Organization of neighborhood residents and businesses to discuss the opportunities for the
area.
- Investigation of the permitted uses within the area's existing zoning districts and evaluate
their impact on the area as a whole.
- Evaluation of the existing utilities systems, landscaping, roadways, parking and pedestrian
circulation system.
- Evaluation of the feasibility of creating a "Property Assessment District" to fund
improvements.
0 Present study and recommendations to the City
0 Prepare Construction Plans and Cost Estimates for proposed improvements. These improvements
may include beautification of the perimeter streets with added landscaping, signage and decorative
street lighting; upgrading utilities (especially drainage); and the addition of sidewalks where needed.
Program Participants and Administration
0 The program will be administered and coordinated by the CRA.
0 The City will playa major role in formulation of the Plan. Assistance will be obtained from various
City Departments, including Planning, Community Improvement, Environmental Services, Police
and Fire.
0 Other participants include property owners and businesses in the area.
Funding Sources
0 The CRA will provide funding for the planning effort including any outside consulting services that
are necessary
0 Other sources may include, but are not limited to, the property owners and businesses in the area
and public and private grants
0 The City will provide technical support from various City Departments
Program Schedule
0 The program will commence in FY 1993/1994
# 1.6: "Osceola Park Redevelopment & Neighborhood Improvement Plan"
Background
This Downtown area is generally located between Federal Highway and the F.E.C. Railroad, south
of the Central Business District. Zoning in the area includes "R-1-A Single-Family Residential" , "RM
Medium Density Residential", "GC General Commercial" and "CBD Central Business District". Land uses
are varied, containing a mixture single-family and multi-family residences, commercial, and light industrial
development. Since the area is encompassed by wellfield protection zones, impacts of non-residential land
uses on the wellfield is a major concern.
4.7
The northern portion of the area (north of S.E. 5th Street) contains non conforming commercial
and light industrial development with inadequate parking and residential uses sandwiched between
incompatible land uses. This portion of the area has been designated as "Redevelopment Area # 5" by
the City. The intent is to redevelop this area into a mixed use district, containing higher density residential
and compatible non-residential development with adequate parking and services. The CRA will work with
the City in preparation of a redevelopment plan for this area.
South of S.E. 5th Street, the character of Osceola Park changes drastically. This area is generally
single-family in nature with a majority of the units in rentals. The overall condition of the housing is
generally good, although there are many structures in need of maintenance and minor repairs. The area
has a unique quality that is attractive for residents who wish to live in a single-family home located close
to the City's commercial core. With beautification and elimination of blighted conditions, this area can be
stabilized and the number of owner-occupied units increased.
Program Objectives
0 Elimination of slum and blighted conditions.
0 Promote historic preservation
0 Promote residential rehabilitation
0 Protection of the City's wellfield
0 Promote owner-occupied housing
Program Description
0 The program shall consist of three phases.
0 Phase 1 shall be to perform an historic survey of the existing structures in the area and determine
if a portion of the area should be designated an historic district
0 Phase 2 shall be to assist the City in the preparation of a Redevelopment Plan for the northern
portion of the area designated as "Redevelopment Area #5'
0 Phase 3 shall be for the CRA to prepare a comprehensive study of the remaining area including:
- Organization of residents to discuss the opportunities for the neighborhood.
- Potential impacts of Phase 1 Redevelopment Plan proposals on this area.
- Evaluation of the existing utilities systems, landscaping, roadways, parking and pedestrian
circulation system.
- Evaluation of the feasibility of creating a "Property Assessment District" to fund
improvements.
- Preparation of Construction Plans and Cost Estimates for proposed improvements. These
improvements may include beautification of the perimeter streets with added landscaping,
signage and decorative street lighting; upgrading utilities (especially drainage); and the
addition of sidewalks where needed.
- Present study and recommendations to the City
Program Participants and Administration
0 Phases 1 and 2 will be administered and coordinated by the City. The CRA will provide
assistance.
0 Phase 3 will be administered and coordinated by the CRA. The City will play a major role in
formulation of the Plan. Assistance will be obtained from various City Departments, including
Planning, Community Improvement, Environmental Services, Police and Fire.
0 Other participants include property owners and businesses in the area.
Funding Sources
4.8
0 The CRA will fund the cost of any outside consultants utilized in Phase 1
0 The City will be responsible for Phase 2 costs.
0 The CRA will provide funding for Phase 3, including any outside consulting services that are
necessary.
0 The City will provide technical support from various City Departments for Phase 3.
0 Other sources may include, but are not limited to, the property owners and businesses in the area
and public and private grants
Program Schedule
0 Phase 1 of the program will be completed in rY 1993,'1994EbSI'I~9~Z#;~~.
0 Phase 2 and 3 will begin in FY 199411995
B. GROUP "2": REDEVELOPMENT
1/ 2,1: "Peach Umbrella Plaza I"
Background
This project is in response to a community based initiative, spearheaded primarily by two property
owners, Mr. Clay Wideman, owner of two buildings, and Mrs. Charlotte Durante, agent of two buildings.
The owners have created a nonprofit corporation, Peach Umbrella Plaza Association, together with several
merchants in their respective buildings, for the purpose of promoting commerce for the Plaza. The
Community Redevelopment Agency initially became involved in the project in 1989 when it funded the
preparation of a Schematic Plan for the redevelopment. Subsequent CRA actions included acquisition of
the Taxi-Stand property in 1990 and the former Georgia Town Tavern site in 1991.
Negotiations for acquisition of additional properties were begun in 1990 but were discontinued in
January 1991 when the Board decided that further acquisition without additional planning and marketing
was premature. The Association continued its efforts to market the Plaza and gain community support with
its annual fall festival and through its efforts to lease building space in the project. The CRA became
involved again in October 1991 when it prepared a preliminary Site Plan and Project Proposal. The Board
agreed to allocate $30,000 to fund Phase One of the Proposal on November 7, 1991.
In 1993, the CRA initiated Phase II (facade Improvements), including the purchase of a "facade
easemenf' and facade restoration for the Wideman buildings. Also in 1993, Checkers Drive-In Restaurant,
Inc. purchased two properties in the project and opened a new restaurant on the south side of Atlantic
Avenue, adjacent to the Wideman Building.
Project Objectives
0 Eliminate blighted conditions along West Atlantic Avenue
0 Encourage minority business development
0 Demonstrate a commitment by the CRA to a redevelopment project outside the downtown.
0 Provide a catalyst for future development on adjoining blocks of West Atlantic and further minority
business development
0 Provide additional neighborhood shopping opportunities and services for area residents.
0 Provide adequate parking for shoppers and office users to stimulate consumer demand
0 Creation of jobs
Project Description
0 The redevelopment project is a public/private venture between the CRA and the Peach Umbrella
4.9
Plaza Association.
0 The project consists of land and buildings in Blocks 28 & 29 of the City of Delray Beach. This
includes properties fronting the 400 block of West Atlantic Avenue and other properties to the rear
which front on N.W./S.W. 4th or N.W./S.W. 5th Avenues.
0 Project may also include development of parking facilities on adjacent blocks to support the project
0 Parking lots constructed on the project may include private lots, municipal lots and lots which are
sold or leased to private entities. Developers and users located in the Redevelopment Project or
on adjacent properties may make arrangements to pay the CRA Of othef public or private entity
a fee to lease or purchase enough parking spaces to meet City parking requirements for their use.
Checkers used this arrangement to meet is parking requirements
0 The Project is to be developed as a neighborhood commercial center, containing goods and
services intended to serve the surrounding neighborhood as well as appeal to a larger market
outside the area.
0 Project to contain approximately 20,000 to 30,000 sq.ft. of gross leasable area or more if marketing
determines the need for a larger center.
0 Architectural style of the project will attempt to convey the theme of a festival marketplace and will
be responsive to the multi-ethnic culture of the neighborhood.
0 The Project is divided into four Phases:
Phase 1: Planning, Marketing and Economic Feasibility
Phase 2: Building Renovation; Facade Improvements (utilizing Facade Easements;
Parking Facilities (utilizing Parking Easements and Municipal Parking Lots)
and other Site Improvements (e.g. paver blocks, signage, decorative
lighting, street furniture, etc.)
Phase 3: Land Acquisition for Plaza Expansion, including parking (Refer to
Appendix "0" for Land Acquisition Map) and Construction of additional
parking.
Phase 4: tand-Sales of CRA property holdings to Developers and Users for the
Construction of Additional Buildings :gti;;r~n~iI~~liQn'tgt;f~~I~tll'ig'tQgi!;til!gg~#
Project Participants and Administration
0 The project will be administered and coordinated by the CRA
0 Other participants may include, but are not limited to, the Peach Umbrella Plaza Association, the
~~t;tI~i&tQ'~,iF~Q[ji'iQIQgYi'et'il~rpfj'$~;i~i'la:t2~v~IQR:!n~t;tI;tltfi$t;CM inority Business Development Center,
the Delray Beach Chamber of Commerce, Mount Olive Missionary Baptist Church, Defray
Merchants Association, ~~iQrf$WYY~~jK~Y!Iti!jQi$l~~tit'ig'WiQmmitt~; Design Professionals, Building
Tenants, and the Developer(s) for Plaza Expansion (new buildings).
Funding Sources
0 The CRA shall provide the funding for Phase 1 of the project
0 Phases 2 and 3 shall be jointly funded by the CRA, the Property Owners and others as
appropriate.
0 The CRA's Subsidized Loan Program and Business Development Program are available to provide
additional assistance ownerslbusinesses within the Plaza
Project Schedule
0 Phase 1 began in 1991
0 Phase 2 and Phase 3 began in FY 1992/1993
0 Phase 4 to begin in FY 1993/1994 FY"J994!1995
# 2,2: "Affordable Housing Program"
4.10
Background
The Community Redevelopment Agency implemented its Affordable Housing Program in March,
1992 for the purpose of providing new affordable housing units within an area of the CRA which contains
a considerable number of vacant building lots. This program is also important, in that, it will enable the
CRA to address the issues of relocation and housing replacement for CRA residents who may be displaced
as a result of future redevelopment activity.
Program Objectives
0 Provide decent, affordable housing for residents who are of low to moderate income level.
0 Stabilize and preserve neighborhoods through redevelopment and the elimination of blight.
0 Create an atmosphere for a mix of income levels within deteriorated residential areas of the CRA
0 Establish a CRA role in the provision of relocation housing.
0 Demonstrate the housing product for relocating residents.
Program Description
0 The Target Area for the Affordable Housing Program will generally be between Lake Ida Road/NE
4th Street on the north, SE/SW 10th Street to the south, 1-95 to the west and Federal Highway to
the east.
0 The details of the program will be set forth in the program guidelines adopted by the CRA.
Components of the program may include, but are not limited to the following:
- Home Buyer Assistance (~gg$lgi~$'$j:iQg(if~:jgyj CRA$.QI! iiliiJlm second mortgages)
- Credit Enhancement for Builders through loan guarantees for a portion of construction
loans for speculative homes
- Permanent Loan Assistance
- Home Buyer's Marketing
- Architectural Design Assistance to non profit housing sponsorspgi(a~e$'HtiQglii;p)'.iYf.iij;;;aPa
iJ~Qgg..prQflf$;~!Mmfgim~'QQ$t.m
- CRA acquisition of vacant residential lots and residences for resale and development or
redevelopment. The initial land acquisition target area of the project will be in the City's
northwest neighborhood generally between NI,N 2rd and NW 6th Avenues. This does not;
howe'v'er, exclude consideration of other areas within the program boundaries (refer to
Appendix "D" for Land Acquisition Map).
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- ~pl~~IQtgrigl$'iO(f:iQt~~r;~i(f,jtQ'k~ofi~(j~'iprgg(amJncly~itjgt~nQmiQj'aiivf.iJ9pmf.iO!;;criiail
riip~ir;::m!ailiti!!QifjQiJMpgQjEiQt$}1ijingiiigmini$f(liQo?
0 arnEi',~Em;mayjal$QmprgVig~j'!Q~,jaQQyiji$~lig~;i~ipartiQImMi'jQig!mprQ9!am!~nv~g::Q!g'EirpgQ!ig
!:\tigf:'priY!:\J~m$@~!Qr;p~ttiglp~Ql$;;:'1"ti@j~R!Sjlm@:tji;J$F!Qi'iilj!QrMIQ!QF$g~l'im~i'j;~grQiitnQfitm~ntmiia,""J;JjQ
~'iiY~aQI"lM!1~'gai$$agg~~rggraID~iQl~~~;
0 To supplement the program, the CRA may assist the City Police Department to improve security
in the area through the purchase and rehabilitation or construction of one or more housing units
within the target area for use as police substations. When these substations become unnecessary,
they will be recycled as affordable housing units.
B It is anticipated tnat the program will be further enhanced and supplemented by initiation of a
Model Dlock rrogram by a non profit agency, the "Technology Cnterprise and Development (TED)
Center", which will rev'italize the 200 and 300 blocks of NW 5th A'ienue. This Model Block
rrogram, which will include exterior repair/painting and landscape improvements, '.'0;11 also be
assisted by targeted infrastructure impro~ements by the City.
Program Participants and Administration
B The major project participants are the CIlA, private de'ieloperslhomebuilders, and non profit
4.11
housing sponsors.
0 Participants may include, but are not limited to, ltiQ~~;HpriV~m~iq~@!QPQt$ZJjQm@QJJjJg@f$;QQn...
BEQfi!ItlQqi!!1gI~B9-r:f~lihome buyers, lending institutions (including the "Consortium For Affordable
Home Financing"), the City of Delray Beach, ltiQmiQJriYii~i~ti!JifQY~Ijjgtf~mtiQfIJYimmJ;t~ml4l@ltiSi
~~'~g!!f,~F!!~Ejl!Qr{iE!ggnQlQ.gyiiifgg!~i'B[!~~!;;~f~M~fQQi~g,~i:llggjji;!g~mil::il(~Y'i,~~~gl!'if:i~,mmyi:iJ~
I4lQ2@IQPm~i'f~,ii.lfPQt~lfQn'i{~it;l!~!QrgitjI~liQotQfi~~IJil!~~1j'i~QUolYl1.tand other Foundations and
public/private sponsors.
0 The roles and the various participants will be set forth in the program guidelines adopted by the
CRA.
Funding Sources
0 Primary funding for the program will be provided by the CRA
0 Other potential funding sources include, but are not limited to, Local, State and Federal
Governmental Grants, and Private contributions.
Program Schedule
0 Program was implemented in March 1992
# 2,3: "Downtown Anchor and Parking"
Background
The 1986 Community Redevelopment Plan identified the need for a 50,000 to 60,000 sq. ft. junior
department store and/or mixed use development to serve as an additional anchor for the downtown retail
core. The Plan proposed that the project occur after 1990 and included a proposed allocation of $500,000
to assist in covering the cost of land assembly, relocation and infrastructure.
In 1988 to 1989, efforts were made by the City, the CRA and the DDA to attract Jacobson's
Department Store to Downtown Oelray Beach. Several studies including a Master Parking Plan, a
Downtown Retail Study and a Economic/Fiscal Impact Study were prepared, negotiations took place and
proposals were written. Ultimately, both the CRA and the City endorsed the location of Jacobson's at
Atlantic Plaza and agreed to provide a parking structure to support the development. A final proposal was
completed outlining total costs of the garage and the sharing of costs. The CRA then proceeded under
the proposal to acquire the land for the parking structure. When the CRA's actions were legally challenged
as being inconsistent with the adopted Redevelopment Plan, the project was terminated.
In 1993, the CRA, in conjunction with the City and the Chamber of Commerce, reinitiated contact
with Jacobson's. The CRA prepared a preliminary development plan and presented the proposal to
Jacobson's. The Department store is studying the proposal. Further study will be required in FY
1993/1994 by the CnA including market research and additional planning.Ot:!$,~@02fp@rtQtm~QHqUr'ing
ffl3'~~~,~~~~g;gi~gQi!iQg~I.i;$fYQyiitIDgi$f~iif9(impf~i~Qf~ti9iJlillf:!J:iE!HE~ggii;~gijiiJf:~~i~~~Z@~~p;,!QiQEg~E
lQK@JJri~minJi@o~'hQr
Project Objectives
0 Provide economic stimulation and investment in the CBD.
0 Improve marketability of the retail core.
0 Increase activity in the downtown area
,:) CrQateJpbs in the ,i l4lowntoWnArea
Project Description
4.12
0 Development of a mixed-use commercial project with the emphasis on one or more major fetaiI
tenants.
0 The provision of adequate parking (structured or surface) and supporting infrastructure to meet the
needs of the proposed development.
0 Project to be located within the CBD Zoning District within 2 blocks of Atlantic Avenue.
0 Project to favor high-end market as opposed to service and convenienceJ?q~'!lQJ;JQ,iJtl~lr,~XQ1~j9ti:,
0 The CRA may offer incentives (i.e., provision of parking and off-site infrastructure) to attract major
tenant(s)
0 Phase One of the project shall be preliminary planning, feasibility studies, market research and
marketing (Le., attracting one or more major tenants)
e Subsequent Phases may include, but are not limited to, the solicitation of nrp's from pri'iate
de'Y'elopers, 8election of the project de. eloper, design of the project, acquisition of the property,
relocation of existing bU8ine8ses and residents and construction of the project.
- mt1~~'JIYIt<im{4yinQlgg~tIl5l,JtInQJI:;~}!imit~giJQ1illJt'\iJt~U~t{4tlQnItQflJS.Jmef~Jr9~mWi"!tl2~t~Xg~MmQ~r~,
.!iQtjQQl:;qf:1E@r9j~,IW,9@M~!9i:ir~;:Wg~!gt!Ir9ffI~tiII;j@r9j~litillprpj@lt!l.nQmiQtti'gipi!ilE~tggj~~'
:{4g2iJ"1$!!m@nJlltQt:Im$i"!Q_~!ti9tj'!QfFi"!rQP~f:IY}t9WIm',~~Uir.tJ$YWtJjiiillltmJtQtJF\l't@?imi"!l~m@ti~t~i'ir~i'jg
,~iI,~t[YliQgQfItti@illRr9jil~
oj itf~WmJ'jtiiJ;:j'~gg!giljtiQJUgiJj;iQgtWrtjQ'ttQ@;:ilimit~jHtQj;Jt'\!;;!iimtniJm@nt@t{qtN;::Qf~';'irgli~:!Jg@2@19Pti@llt
jilQlggjt1gltllj;iqqgr~i!gil;m!g'gi~lig~jf!gpKQt;l@r9P'~~'lrligir~"lmrilllQrQji~t@Emi~!R@t!gQ:ggilllfi~
~n~fii.Qtig!?;QfjtJj!!HpitqJiJQtiifjgMQJn@rillmil!@r$;ji
(;> ~l1i.tlEQyell,m@Y-lliggmg@ri;;JfjI;ff,~~Q~g~lQJ1';Q~;;;~!IIYr@~l;~rD,ri~iJBI:ii;fgzQr;l\QftjQ~'illQntQI@~gmfigil~1
Project Participants and Administration
0 The project will be administered and coordinated by the CRA
0 Other participants may include, but are not limited to, the City of Delray Beach, DDA, Atlantic
Avenue Association, Parking Management Team, one or more Major Tenants and the Project
Developer.
Funding Sources
0 The CRA, and others as appropriate, shall provide the funding for Phase One of the project.
e runding sources for subsequent phases shall be determined after rhase One is completed.
(;> IT'!iiig!ngT~gYr~~'IfQr,;mrr!:!~~:iIQI~g!:!nillp~IprQMig~gIpY1IJg@:il~';,mlg',Qm~e~'~~i:~Qi:ir9priit~'r
v IPgngitig$Qyi'Q~~i!QJ'h~~~~IXfir~~:,I~gg21TI2Yr;;~rr~llilp~TRrQYJq~g:py;;m~g~y~lgp~r'~~I~(@q:fgr;tl;1~
ptQjl:iQf,i!t)E:il(3ItynQf~lr~yiE3(:jiQll;~f3l(;rl:)D,4;ja.nq;;Qtrr(:)f$$i$':~ppropti~t~T
Project Schedule
0 Phase 1 began in FY 1992/1993
e Bc~edulek>rsubs~9.ue.ntphases to ~e determined when phase 1 is completed
'J gtl~~T'Ngwill(X)mm~OqeFS';'.~~4-/1.~95.
0 mti~~~..'Tfi.reesgaIICgmmeii6eon'tne6ompletibti..of..Pn~s~:T\VOlil1cfJhedeterllliriatigno.ffeasibility
fQ'f;proCE:ieding.;
,j Xfie$~l1edl..lle:.for.. Pha$e. FgUf''Nill. .be :deterl1lined.4P()nth~cginpletion..bf.Phase...'Three.
0 The phases setforth above are illustrative only and may bE(cornbined with one {4nother as the
circumstances dictate.
# 2,4: "Downtown Mixed Use Redevelopment Project"
Background
4.13
.,
Since its creation, the Community Redevelopment Agency has consistently made efforts to attract
new businesses into Downtown Delray Beach. The economic importance of the Downtown and the need
for major attractions and nighttime activity generators was well recognized in the 1986 Community
Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive
commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that
end.
In March, 1991, the CnA began soliciting major multiplex cinema operators to develop a ne'n facility
in Downtown Delrsy Oeach. After several meetings with 'i'8rious operators and community leaders, it was
concluded that the de'ielopment of a mixed use project in dowl'lto','m Delray Oeach would pro'i"ide a
significant economic boost to tfote area. The land use elements of this mixed-use project could include,
but is not limited to, a multi plex cinema, retail, office, other entertainment uses and residential
de'telopment.
Project Objectives
0 Provide economic stimulation and investment in the CBD.
0 Improve marketability of the retail core.
a Provide attractions 'Nhich di'iersify the age structure of 'f"isitors to the Downtown area, thereby,
creating the opportunity for additional market expansion.
0 Increase nighttime activity in the downtown
0 Provide housing opportunities in the downtown area
.;) Eliminateslurn and blighted cOnditions
Project Description
0
0
a
a
.:)
4.14
.:;.
c-
o
0
Project Participants and Administration
0 The project will be administered and coordinated by the CRA
0 Other participants may include, but are not limited to, the City of Delray Beach, DDA, the Chamber
of Commerce, the Council of 100, Parking Management Team, Major Tenant(s)Q'Fliji!Q.J1i~ii,r~iand
the Project Developer.
Funding Sources
0 The CRA and others, as appropriate, shall provide the funding for :Btii$~$&~t)i:i.f"Q:'mwf:tW~f the
project.
0 m!lg~lng::,~gr~IIg!}fitn~ifi:.:.{W~fiig:;;~gYf!;~n!\Ji~ggEgYl!9~;tQy&~}~~~m.~ii~l~t@gff~ti:Mt~
Qt9j~gtl:ttifJJ~itMpftneJr~y'a~~ctti?~~;'~l!)I#;i:~qCQffi~r$;&~~'~PQti~l~ti~f~;
Project Schedule
e
e
.:;.
c-
o
0
C
,1
# 2,5: "Block #76 & #84 Redevelopment"
Background
These blocks, located between N.E. 1st. Avenue and the FEC Railroad, between Atlantic Avenue
and N.E. 1st. Street, are adjacent to the Old School Square Cultural Arts Center. This location makes this
a principal area to take advantage of spin-off activity generated by the Center. Both blocks contain
structures in deteriorated condition and uses which have a blighting influence on the surrounding area and
are inconsistent with the ultimate goals and proposed image for the Pineapple Grove Neighborhood. The
primary land use in Block #84 is the former home of the now defunct Ocean City Lumber Company. This
property was purchased at an RTC auction in 1992 and is now planned for redevelopment by a private
4.15
developer.
A major obstacle to this "Ocean City Redevelopment" project is the lack of adequate parking in the
immediate area. Since this is also a problem for Old School Square, the CRA decided to make this the
major focus of its redevelopment effort within these two blocks. With this goal in mind, the Agency began
its program with the purchase of another former Ocean City Lumber property offered at the RTC auction
in 1992, This property is located in Block #76, which is ideally situated between Old School Square and
the Ocean City Lumber Redevelopment Project (Block #84). In order to provide adequate parking for the
area, the CRA plans to purchase additional property within Block #76, including the Pierce Tire property.
It should also be noted, that this is one of the few locations which may take advantage of $500,000
of redevelopment seed money available under the Decade of Excellence Bond. In fact, the City has
already allocated some of this seed money to reimburse the CRA for its prior purchase of the Ocean City
Lumber property. The CRA plans to requestn~$:r@gg~~~gXthat the City allocate the remainder of these
funds as necessary for the additional land purchases.
Project Objectives
0 Eliminate the blighting influences within these blocks
0 Redevelop the blocks to take advantage of its prime location within the downtown area adjacent
to Old School Square
0 Increase the economic vitality of the CBO through the attraction of new businesses
0 Provide parking for adjacent development and redevelopment
Project Description
0 Construction of a municipal parking lot to meet the needs of adjacent uses including Old School
Square and the Ocean City Lumber Redevelopment Project.
>) m~JJ~l5i(ig';:19g!;~a~tfAOCQJ~gJ'Q,fi:lmiJprQi~Gtlmiy,JQiMgtfjjjyniiJ.!{i{;iititirEll&fMfQI1MpgbUf$)MY$iiWimaYiQ@
~Q!g;;Qiki!~~~~fjtl!Qfprt~f~l,~,nti,t!~~EQrllm~y;g,~,i~"~Qmgin~tiQniIQflQQtgi~flKit~i'l!~~lQ~IiQ~igf;tg~
SijgEl,v@lQ,pm@nlIfRfQj@mmaytm~@lMift&giimgol$lJQ,ip@YJlmlll~.;;Q,r(.iXt'ilcIpy(ltiQXirIipliiitilitllilY
I1I'~XQgJ~~QnBgnQ!1i~~!~nQ99D1iPirRingi~p~.~tQim.t!Ii,IN6Irgigg;r.gir~m~gl~!;fQn!tg~iH!ii~i
0 In addition to providing parking the CRA may offer other incentives to facilitate the redevelopment
effort
0 One or more redevelopment projects located within this two block area which are compatible with
Old School Square in theme (Le., arts, crafts, cultural and entertainment).
0 Strong Pedestrian linkages to Old School Square, the downtown and the Pineapple Grove
Neighborhood will be established.
0 Phase One of the project(s) shall include preliminary planning, marketing and land acquisitions
(refer to Appendix "0" for Land Acquisition Map)
0 Phase Two shall include demolition and parking lot construction
0 Phase Three for the project(s) may include, but is not limited to, the solicitation of RFP's from
private developers, selection of developer(s), sale or lease of all or a portion of CRA owned
property and building construction.
Project Participants and Administration
0 The Ocean City Redevelopment Project (Block #84) will be administered by a private developer.
0 The CRA shall be the lead agency in the acquisition of land for parking lot construction in Block
#76.
0 Other participants may include, but are not limited to, the City of Delray Beach, DDA, Chamber of
Commerce, Council of 100, Parking Management Team, and other Developers.
Funding Sources
4.16
_.._._._~-_._..-
0 The CRA, and others, as appropriate, shall provide the funding for Phases One and Two.
0 The City's funding role in Phase One shall be to allocate funds from the Pineapple Grove
Redevelopment Seed Money to reimburse the CRA for property acquisition
0 Funding sources for Phase Three shall be determined
0 The CRA's Subsidized Loan Program and Business Development Program are available to provide
additional assistance to property owners and businesses
Project Schedule
0 Phase One began in FY 1991/1992
0 Phase Two in FY 1994/1995
0 Schedule for rhase Three to be determiFledFafla~:;tJir~~%igI:~m~~lt~~~~
#2,6: "South County Courthouse Expansion"
Background
The location of the South County Courthouse on West Atlantic Avenue was originally seen by the
City as a significant opportunity to secure both public and private investment along this important corridor.
Due to its potential as a catalyst project on the Avenue, the Courthouse became a cornerstone of the 1986
Community Redevelopment Plan. The City successfully lobbied the County to locate the facility in the City
in 1986. In its 1986 agreement with the County, the City donated 6.8 acres of land for Phase I of the
project and pledged, through the CRA, to acquire an adjacent block and then donate it to the County
sometime after 1996 for expansion of the facility.
The 8 million dollar South County Courthouse, Phase I, opened in August, 1990. Although Phase
II of the project had not yet been programmed, through its inclusion in the County's 5-year Capital
Improvements Program, the Community Redevelopment Agency has already acquired several properties
within the expansion area. These include, the 7-Eleven/Coin Laundry (1987), a six-unit Apartment
Complex (1987) and Boca Auto Parts (1991).
In 1993, the County, City and CRA amended the interlocal agreement (see Appendix "C"). This
amended agreement states that the CRA will transfer the southern portion of Block #51 (south of the
easVwest alleyway) by October 1994. The County expects to construct a parking lot on this property to
meet both existing and future demands of the Courthouse. Since the County is now planning to construct
additional courtrooms by completing interior improvements in the existing facility, the construction of this
parking lot will be required earlier than originally expected. Also under this amended agreement, the CRA
may now retain ownership of the northern portion of the Block until at least 2001. If the County does not
request conveyance of this property by the 31 st of December, 2002, for expansion of the courthouse
through the construction of additional structures, the CRA will no longer be obligated to convey the
property .
Project Objectives
0 Improve the physical appearance of West Atlantic Avenue
0 Increase the level of activity in the area
0 Create spin-off opportunities for private sector redevelopment projects
0 Provide land for the County Courthouse parking expansion
Project Description
0 Increasing activity at the South County Courthouse will require acquisition of the southern portion
of Block #51 by the CRA in 1994 for construction of additional parking
4.17
0 The CRA's agreement with the County identifies the additional land to be acquired to be located
between S.W. 1st. and S.W. 2nd. Avenue.
0 The CRA will demolish the existing structures on the southern portion of the block (south of the
alley) and convey this property to the County by October 1994.
0 The City will convey the necessary road and alley rights-of-way
0 The County will construct the expansion of the Courthouse facilities and the required parking.
0 The CRA will retain ownership of the northern portion of the Block until the County requests it for
construction of additional structures. If the County makes no such request by December 31, 2002,
the CRA will no longer be required to convey this property.
0 The CRA shall be the lead agency in the provision of relocation housing for residents displaced
by the expansion pursuant to the CRA's Relocation Policy (Policy B-4-4 of this Plan)
Project Participants and Administration
0 The County is responsible for expansion of the facility.
0 The CRA shall be the lead agency in the acquisition of the property within the identified expansion
area.
0 Other participants may include, but are not limited to, the City of Delray Beach, and the Property
Owners within the expansion area
Funding Sources
0 The County will fund the expansion of the Courthouse facility, including parking lot construction.
0 The CRA will provide funding for the property acquisition.
0 Funding sources for the provision of relocation housing for displaced residents are to be
determined, but may include the CRA, City and others as appropriate. ,..,~.
Project Schedule
0 Acquisition of property by CRA began in 1987.
0 The CRA will acquire the remaining parcel (The Norris Apartments) in FY 1993/1994.
0 The CRA will demolish the structures and convey the southern portion of the Block to the County
by October, 1994
0 If the County decides it needs the northern portion of the Block for additional structures, it will not
make a request for conveyance before December 31, 2000. If this request is made, the CRA will
have until December 31, 2001 to make the conveyance.
# 2,7: "Pineapple Grove Neighborhood Plan Implementation"
;~?'i!"tQ~;tg~tn~jQE~I~tn~t'lI~tQ!;,!I'!!~t'prggfl~tn;;n~M~;g~~n;;it'lggrQgriJ~gjiijJg&Jn~
ein~~j5p'~';;tSrQy~!M~ti';$lf;~exmRrQgr~W&tf'ji~;;;pr(jgr!!m;;~~~Ff,1~I~:t~t:J;'atit'E't'
;1~~411SS$.
Bsekgrotl"d
The preparation of the Pineapple Crove Neighbomood Plan 'MlS authorized by the City's
Comprehensi'~e Plan, Land Use Element Policy C-4.8(a). The draft document was prepared by the City's
Planning Department in close cooperation '.vith the Pineapple Crove Support Croup. It is anticipated that
this plan 'Mil be adopted by the City in n' 1994/1995. The Neighborhood Plan will, through successful
execution of its implementation strategies, help to create an appealing, mixed use, village like
neighborhood, characterized by arts and culture related businesses and acti'~ities. The Plan presents an
incremental and e'v'olutionary approach to revitalization. The neighborhood wide renaissance that is
foreseen for Pineapple Crove will occur through a public/pri'iate cooperative effort by means of several
4.18
and Federal Hwy, the U.S.1 one-way pairs. The site currently contains a defunct Tenneco Gas Station
and represents a blight to the community at a major roadway intersection of the City. In addition to
removing a blighting influence, redevelopment of this site also presents the opportunity to beautify the
intersection and to improve the parking/access for the property to the north.
Project Objectives
0 Elimination of blighting influence
0 Beautification of a major roadway intersection
0 Improve access and parking for the adjacent property
Project Description
0 The Project may include, but is not limited to the following elements: planning, marketing, land
acquisition (refer to Appendix "0" for land Acquisition Map), demolition, parking lot construction,
installation of landscaping, and the sale or lease of the CRA acquired property. It should be noted
that acquisition of the property by the CRA will not take place until its resale or lease can be
reasonably anticipated.
0 When sold, property may be subject to a beautification easement for areas adjacent to adjoining
roadways
Project Participants and Administration
0 The CRA shall be the lead agency in the acquisition of land and building demolition.
0 Lead responsibility for redevelopment to be determined, but shall be a joint public/private effort
including the CRA
0 Other participants may include, but are not limited to, the City of Delray Beach, Chamber of
Commerce, the Parking Management Team and Private Enterprise.
Funding Sources
0 The CRA and others, as appropriate, shall provide the funding for the project.
0 After the property is sold, the CRA Subsidized Loan Program will be available to provide additional
assistance to the property owner for redevelopment
Project Schedule
0 Project began in FY 1993/1994
C, GROUP "3": COMMUNITY IMPROVEMENT
#3,1: "CRA Subsidized Loan Program"
Background
After receiving various proposals from a number of banks relative to providing low interest loans
for private residential and commercial property improvements as part of their obligations under the
Community Reinvestment act, the CRA Board decided to request specific proposals and interest rates.
The intent was to develop a pool of money from one or more banks which could be used to provide loans
to Community Redevelopment Area residents. As an incentive and inducement for property owners to
improve and upgrade their property, the CRA decided to assist them by buying down the interest and
making no-interest loans available through the lending institutions.
4.30
. .
public assistance. This program represents the CRA's intent to provide this assistance.
Program Objectives
0 Eliminate blighted conditions along West Atlantic Avenue
0 Encourage minority business development
0 Creation of jobs
Program Description
0 Redevelopment projects shall be joint public/private ventures between the CRA and private
developers
0 Projects will be developed consistent with the Redevelopment Plan for the West Atlantic Avenue
corridor.
0 A major component of the program shall be site acquisition, assembly and resale for
redevelopment. The CRA may also acquire property for construction of centralized parking facilities
to service the surrounding areas. The parking lots constructed under this program may be
municipal lots entirely for public use, may be sold or leased to private entities or may be a
combination of both. Private users located in the surrounding areas may make arrangements to
pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces
to meet City parking requirements for their use.
0 The target area for the above CRA property acquisitions shall be 300 feet north and south of the
West Atlantic Avenue right-of-way, east of 1-95 (refer to Appendix "D" for land Acquisition Map).
0 The CRA may also utilize property exchanges, whereby a property owner who wishes to develop,
may exchange his property for CRA property located in another area. This would allow
- consolidation of similar types of development as well as provide opportunities for larger
assemblages of vacant property to be made.
0 The CRA may offer additional incentives, such as demolition, and infrastructure improvements, on
a case-by-case basis to further assist in the redevelopment effort. Such additional assistance
shall be at the discretion of the CRA Board.
Program Participants and Administration
0 The project will be administered and coordinated by the CRA
0 Other participants may include, but are not limited to, the City, Visions West Atlantic Steering
Committee, the Minority Business Development Center, Parking Management Team, Delray Beach
Chamber of Commerce, Delray Merchants Association, Property Owners and Project Developer(s).
Funding Sources
0 The CRA and others, as appropriate, shall provide the funding for the program
0 The CRA's Subsidized Loan Program and Business Development Program are available to provide
additional assistance to businesses within individual redevelopment projects.
Program Schedule
0 Program to begin in FY 1993/1994 :FY/ilS94/1~95~
# 2.18: "8th Street (Tenneco Site) Redevelopment"
.- Background
This redevelopment project is located on the north side of NE 8th Street, between the Dixie Hwy
4.29
Background
This block is located adjacent to the proposed site for expansion of the South County Courthouse
and is opposite Old School Square and the Municipal Tennis Center. As with Block #60, its location makes
it imperative that it does not detract from the overall redevelopment efforts in the area. Therefore, it is
unfortunate that vacant structures, including a defunct gas station at the intersection of Swinton Avenue
and Atlantic have a blighting influence on the area. Since the gas station is nonconforming with respect
to the City's zoning code and cannot be reopened, redevelopment or use conversion is the only option.
With the remainder of the frontage also in poor condition, it appears that the best solution is to redevelop
the entire frontage.
Project Objectives
0 Elimination of blighting influences
0 Redevelopment of the Atlantic Avenue frontage to take
advantage of its prime location
0 Increase in economic vitality through attraction of new
business
Project Description
0 Redevelopment compatible with Old School Square, South County Courthouse and the Municipal
Tennis Center
0 Elements of the project shall include, but are not limited to, planning, marketing, land acquisitions
(refer to Appendix "D" for Land Acquisition Map), solicitation of RFP's from private developers,
selection of developer, sale of the CRA acquired property and construction of the project.
Project Participants and Administration
0 The CRA shall be the lead agency in the acquisition of land and demolition.
0 Redevelopment of the property will be administered by the private sector.
0 Other participants may include, but are not limited to, the City of Delray Beach, and Chamber of
Commerce.
Funding Sources
0 The CRA and others, as appropriate, shall provide the funding for site acquisition and demolition.
0 Redevelopment of the property shall be funded by the private sector but the CRA may provide
additional assistance to facilitate the effort
0 The CRA's Subsidized Loan Program and Business Development Program are available to provide
additional assistance to businesses
Project Schedule
0 Project to begin in FY 1990/1994F'Y'ji!1flflQI1flflE).
# 2,17: "Peach Umbrella Plaza II: A West Atlantic Avenue Redevelopment Effort"
Background
This program is an extension of the public/private redevelopment concept represented by Peach
Umbrella Plaza. Although additional opportunities exist for private redevelopment of existing structures and
vacant property along West Atlantic Avenue, it is difficult for the private sector to initiate such efforts without
4.28
.
0 Expand the concept of the governmental campus
0 Encourage conversion of existing single family homes to non-residential uses
0 Encourage historic preservation in the OSSHAD zoning district
Project Description
0 Redevelopment compatible with Old School Square, City Hall and the Municipal Tennis Center
0 Strong Pedestrian linkages to Old School Square and the Tennis Center will be established.
0 Construction of a parking lot on the property containing the four existing duplexes and adjacent
vacant property Q:i}}Nl~rEj~t~y@,i'),g@ to serve the non-residential conversions on the block as well
as the parking demands for City Hall, Old School Square, the Community Center and the Municipal
Tennis Center.
0 The existing duplexes may be moved to another location to provide additional affordable housing
in the community. The CRA may sell, donate or move the structures itself.
0 In addition to providing parking the CRA may offer other incentives to facilitate the redevelopment
effort.
0 Elements of the project may include, but are not limited to, planning, marketing, land acquisitions
(Refer to Appendix "D" for Land Acquisition Map), demolition, parking lot construction, sale or lease
of CRA owned property, including the two historic houses, and construction/use-conversions.
0 Additionally, the two historic houses wiH-be :wDi9gI1Vi@rimoved from West Palm Beach and located
in the project are. These houses snail befPl!gg rehabilitated and converted for public use.
0 The parking lot constructed on the project may be a municipal lot entirely for public use, may be
sold or leased to private entities or may be a combination of both. Private users located in the
Redevelopment Project may make arrangements to pay the CRA or other public or private entity
a fee to lease or purchase enough parking spaces to meet City parking requirements for their use.
-
Project Participants and Administration
0 The CRA shall be the lead agency in the acquisition of land demolition, parking lot construction and
rehabilitation of the relocated historic houses.
0 Commercial conversion of the remaining houses surrounding the new parking lot will be
administered by the public and private sector.
0 Other participants may include, but are not limited to, the City of Delray Beach, Chamber of
Commerce, Parking Management Team and the State of Florida Division of Historic Resources.
Funding Sources
0 The CRA and others, as appropriate, shall provide the funding for the project.
0 The CRA's Subsidized Loan Program, Historic Facade Easement Program and Business
Development Program are available to provide additional assistance to property owners and
businesses within the redevelopment project
0 State of Florida Division of Historical Resources and other public or private sources dedicated to
historic preservation
Project Schedule
0 Planning began in FY 1992/1993
0 Acquisition of property and construction of parking lot in rY 1993/1994;F"f';;J~~~Z1;~~$;
0 Relocate two historic houses to project and complete historic restoration in FY 1993/1994
E"(t199411995;.
-
# 2.16: "Block #61 (Atlantic Ave, Frontage) Redevelopment"
4.27
# 2.14: "Downtown Core Improvement Program"
Background
The downtown core, between Swinton Avenue and the Intracoastal Waterway, has been in the
midst of a major revitalization effort for several years. The Atlantic Avenue Beautification Project has
contributed to the overall charm and appeal of the area for the pedestrian shopper. Other projects for the
area contained within this CRA Plan or the City's Comprehensive Plan are geared to stimulate additional
investment in the downtown by improving marketability.
This program is designed to build upon previous efforts and set the stage for future initiatives to
improve the downtown core as a center of business and social activity.
Program Objectives
0 Provide economic stimulation and increase investment in the downtown core
0 Increase nighttime activity
0 Improve visual appearance of existing structures and pedestrian accesses to parking areas
0 Strengthen the relationship between parking areas and destinations for downtown workers and
visitors
0 Improve perceptions of nighttime safety for downtown visitors
Program Description
- 0 The program may include, but is not limited to, the following elements:
- Creation of 8. "Mainstreet Program"
- Creation of a Downtown Historic District
- Development of a uniform sign program and exterior facade design guidelines for the
District
- Formation of a "Downtown Joint Venture" with DDA, AAA and the Chamber of Commerce
to fund a downtown management program with a full-time manager. (See agreement in
Appendix "F")
- As an enhancement to the City's CBD Alleyway Program the CRA shall coordinate with the
City to develop Design Plans and implement additional improvements to upgrade municipal
parking lots and provide pedestrian access to parking through alleyways. CRA funded
improvements may include, but are not limited to, landscaping, lighting, signage and
special paving where appropriate to denote rear shop entrances and pedestrian circulation.
- Designation of a downtown valet parking zone for nighttime activities
- Creation of a downtown sidewalk vendors program including license requirements and
provisions for both temporary and permanent structures
- Building facade improvements utilizing Historic Facade Easement Program
- Preparation of a Riverwalk Plan for the waterfront between Veterans' Park and the City
Marina (Note: Construction of the Riverwalk is an unfunded Project. Completion of the
Plan is not a guarantee of future funding)
Program Participants and Administration
0 The CRA shall administer and coordinate the program
0 Other participants in the program may include, but are not limited to, the City of Delray Beach,
DDA, Atlantic Avenue Association, Chamber of Commerce and the Council of 100
-
Funding Sources
4.25
addition of a church supported community/educational center and an elderly housing project. The Church
is also preparing a design for the historic marker on N.W. 5th Avenue and anticipates the construction of
a more extensive historic monument commemorating the founding of the Church in the near future.
Mount Olive began construction of the Church building addition, new parking lots and upgrading
its existing parking lots in 1993. In 1993, the Church acquired a small building on N. W. 5th Avenue which
is proposed for a Youth or Community Center. The CRA gave the Church a $14,000 "Site Development
Assistance" Grant in 1993, with the stipulation that the Church would paint and landscape the exterior of
the building.
Project Objectives
0 Removal of slum and blighted conditions
0 Provision of additional parking opportunities for Peach Umbrella Plaza and the surrounding area.
This may enable expansion of Peach Umbrella Plaza
0 Provision of church supported elderly housing
0 Provision of additional community recreational facilities by the church
0 Revival of the historic significance of the area
Project Description
0 The redevelopment project area may include, but is not limited to portions of Blocks 20, 28 and 36.
0 Expansion of the church and parking facilities
0 Construction of additional features or expansion of the monument area to commemorate the
historical importance of the area
0 The construction of elderly housing units
0 The construction of a community/educational center
0 The project shall be divided three phases
0 Phase 1 shall include identification of property to be acquired, planning, marketing and economic
feasibility.
0 Phase 2 shall include property acquisition by the Church or the CRA as required to implement the
project
0 Phase 3 shall include, but is not limited to, sale of any CRA acquired property and construction
Project Participants and Administration
0 The Church, through close cooperation with the CRA shall take the lead role in the redevelopment
effort.
0 The CRA may participate through utilization of its unique powers and financial resources as it
deems appropriate to implement the project.
0 Other participants in the project may include, but are not limited to, the City of Delray Beach, and
the Delray Merchants Association
Funding Sources
0 The Church, CRA and others, as appropriate shall provide the funding for Phases 1 and 2 of the
project
0 Funding for Phase 3 to be determined
Project Schedule
0 Phase 1 began in 1992
0 Phase 2 began in 1993
0 Schedule for Phase 3 to be determined
4.24
.
redevelopment.
- Preparation of a beautification plan.
- Cost/Benefit analysis of program components
- Financial Plan, detailing total cost of the Program and methods of funding including
utilization of all or part of TIF money within the area, bonding, borrowing, grants, etc.
0 Phase 2 shall be the implementation of the redevelopment program including the following:
- Adoption of the program by City and amendment of City Comprehensive Plan where
necessary for implementation.
- Initiation of program components, including beautification plan
- Creation of a North Federal Highway Business Association
- CRA aacquisitionof key properties where necessary
- CRA Consolidation of smaller properties and sale to private sector for redevelopment as
larger scale commercial or residential projects.
Program Participants and Administration
0 The CRA will administer and coordinate the program.
0 Other participants may include, but are not limited to, the City of Delray Beach, Palm Beach County
(for unincorporated pockets), Florida Department of Transportation (controls US-1), Developers,
and Individual Property and Business Owners.
Funding Sources
0 The CRA will provide the funding for Phase 1 of the program
0 Funding sources for phase two to be determined
--
Project Schedule
0 Phase One: Implementation in rY 1990,'1994Em_gin:iomlijg'ij~~,~Zji~~~J
0 Phase Two: Implementation schedule to be determined after completion of phase one.
# 2,12: "Old School Square Cultural Center"
mi~iiBrQj~GfiiiiSY~~ItgQi1'lp!~!~Qg(~~~iIiMP~n,g!~iMt~~iEfgBtig.~gripJj&?n;;I&?tgi!n~
Pe:Qj~,~gi'maal~~~~@tiQt~iim'~tiitfj~:_i~Emi-fj~i"QQmmitf~@JQimpe~Q,~@1i..tng!ng
!f1rgygg;JggnEg9irgQ!~~~iiIQ~g~:iign:gr~i:lt~itgF'Q~gf~~~i~!;~g,;Jfj~EI~,im:F
e~~JQt~tigfj;(jf:m'~Miji~~tl-pi..tngiOg:l
# 2,13: "Mount Olive Redevelopment"
Background
Founded in 1896, Mount Olive Missionary Baptist Church, which is located at the southwest corner
of NW 1 st Street and NW 4th Avenue, lies within "Redevelopment Area #1" as defined by the City of Delray
Beach Comprehensive Plan. This section of West Atlantic Avenue is in the midst of a major redevelopment
effort including the newly constructed Police Station, South County Courthouse, Tennis Center and Fire
Station #1 , as well as other current projects such as Peach Umbrella Plaza. Since the church already owns
a substantial portion of Block 28 and several lots in Block 36, it is in a favorable position to provide a
positive boost to the city's ongoing redevelopment efforts. The large size of its congregation necessitates
- the provision of substantial parking for Sunday services. This presents an opportunity to utilize the parking
for other purposes during the week, thus increasing the overall redevelopment potential of the area. The
Church's goals for redevelopment include expansion of its existing building with increased parking and the
4.23
#I 2,11: "N, Federal Highway Improvement Program"
Background
The North Federal Highway (U.S. 1) commercial corridor is a major entrance to Delray Beach;
therefore, many visitors experience it as a visual first impression of the City. In its current condition, this
corridor presents a poor visual impression of the entire area. In general, the properties fronting along
Federal Highway are used for small-scale strip commercial development with little sense of order.
Additionally, due to age and obsolescence, there are a substantial number of structures which require major
renovation and/or demolition; have inadequate parking facilities and have a negative economic impact and
blighting influence on the area.
The primary commercial zoning district is "GC- General Commercial", but several small "AC-
Automotive Commercial" areas are scattered within the area. Business uses are varied throughout the
area, consisting of retail, auto-related businesses, light industrial uses and restaurants. As a result of City
annexations and recent changes in the Land Development Code, many of these businesses are now non-
conforming land uses.
Existing residential development within the area is located behind the commercial strip on the east
side of the corridor. Although there are some multi-family units located within the area, single-family
homes are the prevailing residential land use. Unfortunately, many of these homes are in poor condition,
requiring substantial maintenance, repair and rehabilitation. In 1992, the City began efforts to improve the
infrastructure in the area by paving streets and installing water and sewer service.
In November, 1991, the City Commission reached a consensus that the CRA consider means to
improve the North Federal Highway commercial corridor. This program, which was originally adopted by
the CRA in 1992 as the "North Federal Highway Land Use Transition Program", was in response to the
City's request. A recent proposal for an up-scale single family de'velopment called "The Anchorage" has
necessitated the acceleration of the program and its expansion to include the residential component of the
8I'e87
Program Objectives
0 Improve the visual appearance of the corridor
0 Reduce and eliminate marginal and inappropriate land uses.
0 Direct smaller business operations to more concentrated area.
0 Provide economic stimulation and investment in the area.
0 Creation of jobs.
0 Stabilize and preserve the residential neighborhoods through new development, redevelopment and
the elimination of blight.
Program Description
0 The Program is divided into two Phases
0 Phase 1 shall include preparation of a Redevelopment Program containing the following elements:
- Inventory of all properties and identification of substandard, marginal and non-conforming
land uses.
- Recommendations on future land use
- Methods of dealing with non-conforming land uses
- Methods for conserving and upgrading appropriate uses
- Methods of annexation of remaining County pockets in the area.
- Infrastructure analysis
- Identification of key properties for CRA acquisition, assembly and sale to private sector for
4.22
Association.
2.: "',;mil~$i$t.;witbJQtlJl~JiQriQfeirj~~ppl@g~iQy@l:Mfj!ogS1tiilQtgio!~l!Qfj
- CRA assistance to the above group to develop and implement a marketing program to
attract new businesses which are compatible with the overall theme of the area (i.e. arts,
crafts, entertainment and education). Securing tenants for large vacant buildings shall be
1 st priority.
- Development of a plan to relocate nonconforming or incompatible land uses
- Work with Publix to meet its expansion needs or find suitable site for relocation. (Note: if
Publix moves, then assist in finding a suitable replacement for existing space)
- Work with the Post Office in its relocationQtK~~D$iQn efforts
- Develop a program to increase security.
- Develop a program to reduce loitering and assist the homeless.
- Develop a Beautification Plan for the 1 st four blocks of Pineapple Grove Way, including
additional streetscape and facade improvements. (Note: this project may involve the
refinement and expansion of the prototype block design.)
e rhase 2 may include, but is not limited 16, the fello'iiing elements:
Implement Becurit)' rrograffl
Implement anti-loitering and homeless assistance program
Implement Oeautification rlan
Implementation of "Mainstreet rrogram"
Program Participants and Administration
0 The CnA fIIt!.~:g~tQj~~iIM~n~g~~jl;fQrg;jl!g~~ppI~M;;~rQM~&I~<mM;~Jri~ti;@!nQ1:g;shall administer and
- coordinate the program.
0 mli~~jm~Y;;QIit!!Q!p~!~;MmrQ!.!ggi:ml;jy!niggJ!Qgj;QfjiimjggiggijIQQI~rlj@Qggjfii'i~I~!Jitii!QQ;t~i;!'~
efitlff$ii~liftQfii&liQ.tii(liriIQmltif$!;QtMJfiIJgEagt~ml,
0 Other participants may include, but are not limited to, the City of Delray Beach, the Chamber of
Commerce, Pineapple Grove Support Group and Other Private Property Owners.
Funding Sources
e The CnA and others, as appropriate, shall prO'v"ide funding for rhase 1
,) mifFaiililippIQKqatQYi$MjjiomStffi~ftQrgfjni~tiQtitl)i$1lt~t1iVldm('$liQii~fYnifjg~mmit~oJ$!rnQmZmi
~il@tt18A'iI~Il1AanallocatI'cifiz9nsl
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e runding sources fer rhase 2 shall be determined.
0 The CRA Subsidized Loan Program is available to provide additional assistance to businesses and
residents who wish to improve exterior conditions of their property
Program Schedule
0 Implementation of Phase 1 to begin in FY 1993/1994
e Implementation of rnase 2 to be determined
#I 2,10: "Municipal Tennis Center Rehabilitation"
Thi~;proj!:lct \',:\wa.sC()rT1plitidlirjmEY'.'(19!;}411!;}!;}$I;($t1il,tsppeo:di.*1'erlif(jr
'ge$Qription?of;th9:;projeCff';'f>lease;o(jtEi'tnatZt6Ei<~aAIOasicoll"lmiftEiCf
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$4~1J9()()()1.tliqaPitalfiJ9(ji99fo,.q(jrj~t,.(jQlic>~(jfitn~g~,.(jj~pt,:'!"ii~;rn()O~Y
will......l:>e ...paidiQv~r .~i13...y~l:lrpf:lriQ,<J.4Q\rYarg<tt'lf:lproj~gt)f,;.cI~l:)t$~rvi~($I:)~
APPendi}(Q~"Ifor .a<copyofthi>ll'lterl6Ca.1Agfeimeot),
4.21
B Phase 1 to be completed in rY 1994/1995
B The schedule for phase 2 to be determined after phase 1 is completed
# 2,8: "Bankers Row Project Implementation"
-mr~(!iQr.Qj~Q(B\\ii~E{QQmpl~t~gil'l{~;!~~~Zfi~~{~~;c~PiI'l9iXnGJ;!,,'fQr
P~i9ipiitiQl'fnl'l;tI1~gpf.Qj~et;
# 2,9: "Pineapple GroveMjti'1i~tr@!! Way ne'.it8lizatien Program"
Background
This program represents the implementation of several strategies contained within the Pineapple
Grove Neighborhood Plan. It is also an expansion of previous City and CRA efforts to improve the
environment along the major retail corridor of the Neighborhood. In August, 1989, the City Commission
approved a streetscape program for Pineapple Grove Way. Improvements included the creation of
landscape intersection nodes, street trees within the sidewalks, and four pods to accommodate previously
commissioned sculptures.
In 1990, as an outgrowth of the City's program, the CRA funded the preparation of a prototype
design for the 100 block of Pineapple Grove Way, including additional streetscape and facade
improvements. When the block design was completed, preliminary estimates indicated that the overall
construction cost of the proposed improvements would be very expensive. Although the neighborhood was
generally enthusiastic and supportive of the plan, the downturn in the economic climate of the early 90's,
made it impossible for the CRA to secure the required financial commitments from the businesses within
the 100 block to participate in the program. Subsequently, the CRA was forced to put the project on hold.
In 1992, the City completed the streetscape improvements to Pineapple Grove Way. These
improvements provide the starting point for revitalization of the corridor. Another major improvement to
the area was made in 1993 when the parking lot for the Post Office Shopping Center was reconstructed.
The new design improved the internal traffic circulation system and added a significant amount of new
landscaping. It is anticipated that further improvements as a result of existing development's compliance
with the City's landscape Code in October, 1993 are made.
fi11f;Io~;~!Zl;m!:IoMllld!!PRlic;,I!gii';~@lijgl~tl:iit;F:)rggrimJ;ii~Il,ggrij@;i\2i'1,ggr.lM"i;M!r.~m~!"igglA~;;ggmQYlr!og:iQf
gQtfjmytiilyK$iJpPQ~KiiOaWgJili~a"QO;(QWtt'i~;pi'Qgi'~mictl1~K~ltYA~f1~watr{f~Im~{Ma.ii'j;~l(~~(;iJ$li;iigl'la.JiQO,;t.iy
!ni:c~lt~lMQflI5JQc(igi;!l;J.f.!J,!'lg~r.ltni~;;prQgr~mi'm~;~ffQft;;(Q,rgYi!iU~g:;:~Ii'1g~QPl~<;;:rQyg:~~Y;1~l'lgil!ggi(~9rr.QYngiOg
~ri~;ti~$:iga.JI'lJil:;I'l~wM"T:tfjQm~l'ltpm%::i~~(;9rfjingly;:;;tl)iK~aI'$:~ppr9~~ff::toifedev~J9pmeot'WiII(!;ti~'(!QI'l~:;Qf
~!itipgijf~l'lg::~~~i~!~I'l'~;fQitllgJgg~lilf...f~jr'l~treef;<:?rg~l'li~~tigij!
Program Objectives
0 Physical and economic revitalization of th~tPineapple GroveM~o;:~?tt~~t:~r~a Way
0 Create an epicenter for future spin off revitalization efforts within the neighborhood.
Program Description
e The Program is divided into two rha3es
0 rhase 1 [hePrograrrrmay include, but is not limited to, the following elements:
Organization of a "Pineapple Crove 'A'sy Merchants and l3usiness Property OYtners
4.20
.
. . r n oe\i'o'ities. d PIOIl h..... rIOt yet beer1
. I18n06.a revltllllUl 10 . of th. Neighborhoo " _ """ClfIt;
aim. II' pl._ellon I d.rehlP ro. 1ft u, y
. .... roles in the .......... 1m.. ... aceepted a. oa. Pinoapplo G..... :'._
Whil., IndMd.al '1' n.de'.'opm.nl Ag8llcy h ct 8Ild Iho _'zelton 01 d'. id.al projeeio within
osleblishod, the ~m;:'~hY .. th. Banko~a ~~~Il8d...d.... included ... In to
e1.m.nls of the ";;;... proj.cle h..... -. y . I do
~~CC:::':~~."lopm.1lI PI.... . of oth.r 88POCI8 ofth. N.ig~~-= ~':";,~~~:oo
CnA in" 'olvement in the .if!'Ple~e::~~ for selected redevelopmen
v . th provIsion 0
a participator)" role In e
impro~'ement programs.
. e in public/private
Proaram Obj.OII..a " 8fll 10 th. Plan... en ..erCla
oft of and comml m
D.mllflalf81o Public aupp .. d rod.....lopm.1lI efforts.
o coop.ration. I . I for .pin off privet. _'~:-;'ri.ll\e i,w88lmenl.
e Provide the cata ~ of improvements 8S Incen Iv
Share in the funding
e
Program Description
· de'idod ill\o two ph....a . . the GflA, end the
o Th. ['rogr.m,a"":~~.th; following .1em.1lI~ th. _ropriel. rol. of the Otty,
Ph... 1 .he! Ine .. for ","ding en . PI end 0F1A
o ~ Id.nlify priority rt"";.~.....ntin9 the ['Ian. dment of th. Gomp..hOll8I...... en-
private sector In I~ hborhood rlan and Amen
Adoption of the ~elg
- ropflate . t
:''::.'':''::P~I public funds as .Pi:~~:fi~ proj.cle end programa
Phase 2 shall include implementation 0
e
I' g...... l'arllof..-nl8 and Adminlotr8l1... . g the implomonletion of tho N.ighborhood
re . I I r prog..mmln
o-t . Of Delray - is roo_alb.. ..,. .. . "-ere end finaneiel rooo",cea ..
o Th. I~ .. '"" of iIs .n'q.. po..-
- 'ei eIo thro.gh th. ulih"",, or! Gro.p', DDA.
o Th. G~:: ::ct:d "'.m.nls tof :~':;::~od 10, th. 'Pin"~~.G==~nl int.roots.
epproPli .. . ineludo, btl or .' Board, end po.
Other participants may th Ilistoric f'reseFvatlon
e Chamber of Commerce, e
the renaissance of the
Fundlna Seure.a . bulk of th. funding for
0""..11, tho pn.'8Ie a.ctor "';11 pl'O\llde the '11 initi.1e th. proe..a through th. proviaion of
o ~ei:~~I~rh:;;':::. posaible ..ai~: ~ ::Ia~:- p-:a",ma ~:~'t~':d"""'opmenl se.d money
o 'th 'mplem.n alE cell.nce Ii d 84
=co~~: :..;;:~~ through th; ~C:':~hc;;.~ood, incl~din~~~~~ ~~~;,;;~ 10 buain..aes
o '.. d '. block erea '1 ble 10 pro" .
within · ap""",:,:;;~ Loon ['rog_ ia '..OIandili.na of their property
The CnA'g Cu 31 . tI t 'mpro'~e exterior co
e ,un '''IS 0 I
and residents yy 0 yy
- rrogram Schedule
4.19
OBJECTIVE 0-2:
Administration of the Community Redevelopment Agency and the procedures by which it operates
shall in accordance with adopted Bylaws.
POLICY D-2.1 : The Bylaws of the Community Redevelopment Agency shall be available for public
inspection.
OBJECTIVE 0-3:
The Community Redevelopment Agency shall coordinate its activities with the City Commission of
Oelray Beach.
POLICY 0-3.1 : The Community Redevelopment Agency shall prepare an annual report and review
the status of its redevelopment programs with the City Commission.
POLICY D-3.2: All applications for development approvals on property located within the CRA
shall be presented to the Community Redevelopment Agency for its review and
recommendations at its regular meetings by the Executive Director.
POLICY D-3.3: The Executive Director shall be responsible for maintaining the Community
Redevelopment Plan and to ensure its consistency with the City's Comprehensive
Plan.
POLICY D-3.4: The Executive Director shall be responsible for maintaining coordination with the
City Commission.
OBJECTIVE 0-4:
The Community Redevelopment Agency shall coordinate its planning and redevelopment activities
with those units of government and agencies which may be impacted by it.
POLICY D-4.1 : The Community Redevelopment Agency shall strive to coordinate its activities with
other agencies through the attendance of the executive director or board member
at meetings where activities which impact the CRA will be discussed.
POLICY D-4.2: The Community Redevelopment Agency shall request that the City Commission
appoint one member of the Board to all City Task Forces that deal with items
affecting the CRA.
POLICY 0-4.4: The Community Redevelopment Agency shall invite members of other agencies
to attend its meetings when items which would impact said agencies will be
discussed.
5.8
. ,
POLICY C-8.1 : The Community Redevelopment Agency shall work with the City in the preparation
- of a redevelopment plan for the northern portion of this sub-area.
POLICY C-8.2: The Community Redevelopment Agency shall be the lead agency in implementing
the Redevelopment Plan. It shall pursue the construction of specified
redevelopment projects within this area. Its role in the projects shall be one of
active participation and may include, but is not limited to, property acquisition,
building demolition, provision of parking facilities and infrastructure improvements.
The location and intensity of this development shall follow the Redevelopment
Plan.
OBJECTIVE C-9:
Geographic Sub-Area #8, "1-95/1Oth Street, is encouraged to remain a mixed use area. However,
its light industrial orientation shall be increased through the addition of clean industrial uses on
vacant property east of the existing light industry. The existing residential neighborhood shall be
revitalized and rehabilitated in order to promote stabilization. The following policies and activities
shall be pursued in the achievement of this objective:
POLICY C-9.1: The Community nede'V'elopment Agency shall recommend an amendment to the
City's compreheflsive plsfl to reclassify the 't"acaflt property betvt'een the existiflg
industrial area and the residential neighborhood to industrial. The amendment
may include specific policies which restrict use of the property to clean industrial
uses which are non-impacting on the existing wellfield.
- ~Qg,Qipll.~h~gkfi'1irt~~~Z11~:~~
POLICY C-9.2: The Community Redevelopment Agency shall work with the City in the preparation
of a neighborhood plan for the residential neighborhood within this sub-area. The
Agency may provide funding or utilize its unique powers for implementation of
appropriate provisions of this plan.
GOAL AREA "0" The Community Redevelopment Agency shall conduct its
business in accordance with Florida State Statutes, City
Ordinance No. 46-85, which created it, and adopted standards
and procedures contained within this Community
Redevelopment Plan
OBJECTIVE 0-1 :
The Community Redevelopment Agency shall strive to boost public relations and increase public
awareness of its activities within the CRA.
POLICY D-1.1: The Community Redevelopment Agency shall continue to solicit the participation
of residents and citizen groups in the formulation of its redevelopment strategies.
- POLICY D-1.2: The Community Redevelopment Agency shall invite the press to attend its regular
meetings and shall issue press releases when it determines that additional public
notice of its actions is warranted.
5.7
OBJECTIVE C-6:
Geographic Sub-Area #5, "North Federal Highway", shall maintain its current land use pattern with
strip commercial development fronting along Federal Highway and residential development to the
rear. The residential neighborhoods shall be revitalized and rehabilitated in order to achieve
stabilization. Selective redevelopment of commercial property shall also take place in order to
eliminate obsolete and deteriorated buildings, reduce negative impacts and to provide for better
utilization of land and resources. The following policies and activities shall be pursued in the
achievement of this objective:
POLICY C-6.1 : The Community Redevelopment Agency shall work with the City in the preparation
of a neighborhood plan for the residential neighborhoods within this sub-area.
The Agency may utilize its unique powers and financial resources for
implementation of appropriate provisions of this plan.
POLICY C-6.2: The Community Redevelopment Agency shall encourage the redevelopment of the
large scale mixed use area which includes the Delray Swap Shop property. This
redevelopment should include provisions for a community retail center to serve the
north end of the City. Although the Agency may provide selective funding
assistance toward such a project, the planning and implementation of said
redevelopment shall primarily be the responsibility of the private sector. -ff
hO'Never, no pri..ate initiates for rede)'elopment have been initiated by 1995, the
Community ned8\elapment may take a lead role in the project with consideration
given toward sl:lch actions as property acquisition, demolition, and infrastructure
impro~'ements.
POLICY C-6.3: The Community Redevelopment Agency shall encourage private sector
redevelopment efforts which will result in the removal and replacement of obsolete
or deteriorated commercial structures within this area.
POLICY C-6.4: The Community Redevelopment Agency may work with the City to prepare and
implement a plan to alleviate the traffic and parking problems created by the
operation of the swap shop.
OBJECTIVE C-7:
Geographic Sub-Area #6, "Northeast Neighborhood Area", shall remain a predominantly residential
area. It shall be revitalized in order to promote the stabilization of its residential neighborhoods.
The following policies and activities shall be pursued in the achievement of this objective:
POLICY C-7.1: The Community Redevelopment Agency may utilize its unique powers and
financial resources for the implementation of appropriate provisions of the
Neighborhood Plan which the City prepared for this area.
OBJECTIVE C-8:
Geographic Sub-Area #7, "Osceola Park", shall be encouraged to remain a mixed use area. The
northern portion of the sub-area (i.e. north of S.E. 5th Street may be redeveloped as a model
mixed use area containing commercial and high density residential development. The southern
portion of the area shall be revitalized and rehabilitated in order to promote the stabilization of the
residential neighborhood and regain its stature and community identity. The following policies and
activities shall be pursued in the achievement of this objective:
5.6
,
theme of the area.
POLICY C-3.3: The CRA will acquire the remaining land in Block 53 to give to Palm Beach County
for Courthouse expansion pursuant to its agreement.
POLICY C-3.4: Except as provided for in Policy C-3.2, the Board shall encourage the
revitalization, rehabilitation an adaptive re-use of existing structures within the Old
School Square Historic Arts District, for uses consistent with OSSHAD regulations.
OBJECTIVE C-4:
Geographic Sub-Area #3, "The West Atlantic Avenue Corridor", shall be revitalized and
redeveloped as a mixed use area with residential and a variety of commercial land uses to
serve both neighborhood and community needs. The following policies and activities shall be
pursued in the achievement of this objective.
POLICY C-4.1 : The Community Redevelopment Agency shall work with City in the preparation of
a "Redevelopment Plan" for this area for completion in FY 1993/1994:tt~~Z;t;$~$M
The Community Redevelopment Agency shall be the lead agency in the
preparation of this plan. Creation of the Redevelopment Plan shall include
maximum feasible citizen participation, including but not limited to, a series of
public hearings. The plan shall contain, at least the following elements:
1. redevelopment and enhancement of the Atlantic Avenue business corridor
2. increasing housing opportunities on vacant lots
- 3. establishment of a Minority Business Enterprise Program
4. continuation of the East Atlantic streetscape theme westerly to 1-95
5. the relationship of the Peach Umbrella Marketplace project to the overall
plan.
POLICY C-4.2: The Community Redevelopment Agency shall work with the Peach Umbrella
Property Owner's Association to implement a program for redevelopment of Peach
Umbrella Plaza.
POLICY C-4.3: Although displacement of residents is undesirable in general, displacement may
occur in the implementation of specific redevelopment programs. To ease the
burden of displacement, the Community Redevelopment Agency's adopted
relocation program shall be applicable.
OBJECTIVE C-5:
Geographic Sub-Area #4, "The Residential Core", shall remain a predominantly residential area.
It shall be revitalized and rehabilitated in order to promote the stabilization of its residential
neighborhoods. The following policies and activities shall be pursued in the achievement of this
objective:
POLICY C-5.1 : The policies to improve and increase the housing stock of this area, as identified
in Objective B-4 shall be adhered to.
POLICY C-5.2: New residential development on vacant property in this sub-area shall be
-< encouraged to include a mix of housing types within appropriately zoned areas.
5.5
POLICY C-1 .1 : Current and future CRA programs and projects within each geographic sub-area
shall be consistent with the specific objectives and policies set forth within this goal
area of the Community Redevelopment Plan.
OBJECTIVE C-2:
Geographic Sub-Area #1, "The Downtown", shall be revitalized and intensified as a vibrant
people-oriented commercial marketplace. The following policies and activities shall be pursued
in the achievement of this objective.
POLICY C-2.1 : Accomplished FY 1991/1992
POLICY C-2.2: The Community Redevelopment Agency shall, in a joint effort with the City of
Delray Beach, prepare a special CBD development plan which shall further define
the image for the CBD and shall identify the infrastructure requirements necessary
to accommodate the planned level of intensity. The CRA shall be the lead agency
in the preparation of this Plan.
POLICY C-2.3: The Community Redevelopment Agency shall be the lead agency in pursuing the
construction of specified downtown redevelopment projects, including but not
limited to one or more anchors. Its role in the projects shall be one of active
participation and may include, but is not limited to, property acquisition, building
demolition, provision of parking facilities and infrastructure improvements.
POLICY C-2.4: The Community Redevelopment Agency may utilize its unique powers and
financial resources for implementation of appropriate provisions of the "Pineapple
Grove Neighborhood Plan."
POLICY C-2.5: The provision of additional cultural and entertainment uses to establish a high level
of activity during evenings and weekends shall be encouraged.
POLICY C-2.6: The Community Redevelopment Agency shall coordinate with the Parking
Management Team or future Parking Authority (if established) to develop and
implement a user-friendly parking system to direct the public to convenient parking
facilities.
POLICY C-2.7: Deleted
OBJECTIVE C-3:
Geographic Sub-Area #2, "The Governmental and Cultural Center", shall provide for the central
consolidation of appropriate governmental services within the City as well as the location of mixed
uses of residential, office and arts-related commercial activities which encourage the restoration
or preservation of historic structures within Old School Square Historic Arts District. The following
policies and activities shall be pursued in the achievement of this objective.
POLICY C-3.1 : Accomplished 1992/1993
POLICY C-3.2: To further emphasize this sub-area as a "western anchor" for the downtown retail
core and to create a physical and visual linkage between City Hall and the Old
School Square Cultural Arts Center, redevelopment of the Atlantic Avenue frontage
between West 1 st Avenue and Swinton Avenue shall be encouraged with uses
complimentary to and architecturally consistent with the governmental/cultural
5.4
. .
- POLICY B-4.3: The Community Redevelopment Agency shall implement an "Affordable Housing
Program" to increase affordable housing opportunities in the area and to
demonstrate the type of infill housing which could be built on available vacant lots
within the CRA.
POLICY B-4-4: Each Redevelopment Program adopted by the CRA which shall cause the
(Relocation Policy) temporary or permanent displacement of persons from housing facilities within the
Community Redevelopment Area will contain an element and provision for the
providing of replacement housing for such persons in decent, safe, and sanitary
dwelling accommodations within their means and without undue hardship to such
families, which such relocation assistance shall include but not be limited to the
following methods:
1. All affected residents will receive a timely written notice of the CRA's intent
to acquire their property.
2. The CRA will identify reasonable altemative housing opportunities for such
displaced family which shall be reasonably comparable to the property
being taken in size, price, rent, and quality.
3. The CRA may provide moving expenses in reasonable amount for each
displaced household.
4. The CRA may elect to provide subsidies to displaced families in cases
where suitable replacement housing, reasonably equivalent to the property
being taken, is not available in order to make other replacement housing
- available within the displaced family's means.
5. The CRA may permit a former owner or tenant to occupy the property
after acquisition for a period of time either with or without rent and any
such rent charge shall not exceed the fair market rent for such occupancy.
The fair market rent should comply with rent specified under Federal
Regulations that are used in the Section-8 Rent Subsidy Programs as
they exist from time to time.
6. The CRA will endeavor to participate with the City of Delray Beach and
the Delray Beach Housing Authority to provide priority assistance to
eligible displaced persons under the Section-8 Rent Subsidy Program and
Public Housing Occupancy, as well as other programs available through
the City.
GOAL AREA "C" In recognition of variations in social, physical and economic
conditions throughout the Community Redevelopment Area,
each identified geographic sub-area of the CRA shall be
stabilized, renewed or redeveloped according to a long-range
strategy.
OBJECTIVE C-1:
--
The Community Redevelopment Plan shall contain a long-range redevelopment objective for each
geographic sub-area of the CRA.
5.3
Administration of these programs may be by the CRA, the City or joint CRAlCity.
OBJECTIVE B-2:
The Community Redevelopment Agency will strive to ensure that adequate land uses and facilities
remain available to meet the recreational, shopping and public service needs of area residents
when implementing its redevelopment projects.
POLICY B-2.1: Needed facilities which are displaced due to redevelopment efforts will be
relocated or replaced.
OBJECTIVE B-3:
The Community Redevelopment Agency shall strive to increase the overall level of economic
activity within the Community Redevelopment Area.
POLICY B-3.1: Projects which provide increased employment opportunities for CRA residents
shall be encouraged.
POLICY B-3.2: The Community Redevelopment Agency shall initiate programs and projects which
focus on business development and act as catalysts to leverage additional
investment by private enterprise.
POLICY B-3.3: When possible, CRA funding for projects shall be structured so as to encourage
investment in redevelopment and rehabilitation, either in the same project or in
adjacent areas.
POLICY B-3.4: The Community Redevelopment Agency may participate in a program(s) to
increase the market share of the downtown retail core. This program should
contain, at least, the following elements:
* a strategy to attract new businesses to the downtown;
* an advertising and promotion strategy;
* a unified merchandising strategy to establish a theme; and,
* a leasing and operation strategy to coordinate leasing efforts, sales events
and store hours
OBJECTIVE B-4:
The Community Redevelopment Agency shall strive to improve the existing housing stock within
the Community Redevelopment Area and to increase the availability of affordable housing
opportunities.
POLICY B-4.1: The Community Redevelopment Agency shall provide financial support for various
CRA selected public and private Housing Improvement Programs which are aimed
at rehabilitation and the provision of additional affordable housing.
POLICY B-4.2: The Community Redevelopment Agency shall work with the City in the preparation
of neighborhood and redevelopment plans as defined in the City's Comprehensive
Plan. The City shall be the lead agency in the preparation of these plans (except
for the Atlantic Avenue Redevelopment Plan). The CRA may provide funding or
utilize its unique powers for implementation of appropriate provisions of these
plans.
5.2
. .
PART FIVE: GOALS, OBJECTIVES AND POLICIES
GOAL AREA IIAII The Community Redevelopment Agency continue to maintain
and enhance its current projects in accordance with its adopted
Redevelopment Plan
OBJECTIVE A-1 :
The Community Redevelopment Agency shall prepare and maintain a Redevelopment Plan
containing a list of short and long-range programs.
POLICY A-1.1: All Community Redevelopment Activities included in this Plan which are financed
by tax increment revenues shall be completed within 30 years of the adoption date
of the Plan.
POLICY A-1.2: The Community Redevelopment Plan shall be kept up-to-date. All current
programs and projects shall be evaluated at least once yearly, prior to adoption
of the budget.
POLICY A-1.3: The Community Redevelopment Plan shall be reasonably flexible in
accommodating private sector initiatives and future economic trends and
opportunities.
-
GOAL AREA IIBII The Community Redevelopment Agency shall implement
projects and programs aimed at meeting area-wide (functional)
needs within the Community Redevelopment Area
OBJECTIVE B-1 :
The Community Redevelopment Agency shall strive to improve the overall visual appearance of
the Community Redevelopment Area.
POLICY B-1.1: The Community Redevelopment Agency shall implement a subsidized loan
program for the exterior improvements to residential and commercial property
within the Community Redevelopment Area.
POLICY B-1.2: The Community Redevelopment Agency may implement its own programs or
provide funding toward City programs for the beautification of roadways, the
railroad corridor and other public spaces within the CRA.
POLICY B-1.3: When deciding to fund projects or programs to improve the physical appearance
of private property, the Community Redevelopment Agency shall consider the level
of private participation in the project.
POLICY B-1.4: The Community Redevelopment Agency shall develop a program(s) to utilize the
- large number of vacant parcels within the Community Redevelopment Area.
Specific projects shall be determined by the redevelopment strategy for each sub-
area of the CRA and shall be sensitive to the use of surrounding property.
5.1
Part Five:
Goals~ Objectives
- and Policies
, ,
-
VIII. Five-Year Redevelopment Program and Funding Allocations
This section of the Community Redevelopment Plan provides a five-year funding program for the
Planning, Redevelopment and Community Improvement programs & projects which are identified within the
Plan. This five-year program is intended to serve as a guide for project implementation and to assist in
cash flow management. It is not intended to replace the annual budget adopted by the CRA.
Table 4-3 lists estimated project-specific net funding allocations for each CRA project. This table
is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual
project allocations will be determined annually through the budget process. As priorities change, projects
are deleted or new projects or programs are created, this table will be amended. It is intended that this
process occur at least once annually, after adoption of the budget.
PLANNING
1.2 W. Atlantic Ave. Redev. Plan $30,000 $25,000
1.3 CBD Development Plan
1.5 Del Ida Park Nelgh. Improvement Plan $15,000 $10,000 $10,000 $10,000 $10,000
1.6 Osceola Park Redev. & Nelgh. Improv.
1.4 Master Parking Program $2,500 $2,500 $2,500 $2,500
REDEVELOPMENT
2.1 Peach Umbrella Plaza I $36,516 $94,635 $32,000 ($25,000)
2.2 Affordable Housing Program $11,500 $83,250 $48,600 $78,400 $80,375
2.3 Downtown Anchor wlth Parking $20,000 $10,000
2.4 Downtown Mixed Use Redev. Project $20,000 ($320,000) ($100,000)
- Blocks 76 - Redevelopment $115,000 ($125,000)
2.5
Block 76 - Parking $6,311 $200,000
2.6 S. County Courthouse Expansion $5,000
S. County Courthouse - Prop. Renov. $33,000
2.8 Bankers Row ($3,250) ($3,250) ($3,250) ($3,250) ($3,250)
2.9 Pineapple Grove Main Street $10,000 $10,000 $10,000 $10,000 $10,000
2.1 Municipal Tennis Center Rehab. $49,571 $49,537 $49,537 $49,537 $49,537
2.11 N. Federal Hwy. Improvement Program $5,000
2.12 Old School Square $43,743
2.13 Mount Olive Redevelopment
2.14 Downtown Core Improvement Program $50,000 $30,000 $20,000 $10,000
2.15 Block #60 - Historic Homes $141,702 ($49,537) ($49,537) ($49,537) ($61,818)
Block #60 - Parking $740,100 $26,000 ($44,000) ($44,000) ($44,000)
2.16 Block #61 Redevelopment
2.17 Peach Umbrella Plaza II
2.18 8th Street (Tenneco Site)
COMMUNITY IMPROVEMENT
3.1 CRA Subsidized Loan Program $100,000 $50,000 $50,000 $50,000 $50,000
3.2 Site Development Assistance $10,000 $10.000 $10,000 $10,000
3.3 Community Activities Sponsorship $10,050 $10,000 $10,000 $10,000 $10,000
3.4 Delray Beach Trolley System $5,000 $5,000 $5,000 $5,000
3.5 Business Development Program $25,000 $25,000 $25,000 $25,000
3.6 Historic Facade Easement Program $25,000 $25,000 $25,000 $25,000
PROJECT RELATED SALARIES $5,000 $5,150 $5,305 $5,464 $5,628
MISC, PROJECT EXPENSES $5,000 $5,000 $5,000 $5,000 $5,000
PROJECT LEGAL FEES $15,000 $15,000 $15,000 $15,000 $15,000
i<'.. ,I .11:1;.' < 'ri" /> ................. ...... ..... Iri.$l~i8S -:-..... P , I> ...... i...'.<'
........ I...........
Table 4-3: Five Year Redevelopment Program & Funding Allocations
-
Notes: (1 ) All project figures represent net CRA expenditures and include reimbursements to CRA from land sales and from
other project participants where applicable.
(2) All projects shown in this table are subject to availability of funding
4.45
VII. Revenue Projections
Table 4-2 provides a five-year projection of revenues available for CRA redevelopment programs.
The primary funding source for CRA activities is the Redevelopment Trust Fund. This Fund is the
depository for all TI F revenues generated within the Community Redevelopment Area. Based on estimates
of the current property valuations, and assuming the historic annual increase of 2 percent in these
valuations, together with new construction, it is estimated that the total tax increment revenue generated
by the redevelopment area will be approximately $ 4.5 million over the next five year period. This estimate
is believed to be conservative since it does not include revenues generated by the redevelopment projects
described in this plan. These projects will increase the total tax increment as they are completed and
entered on the tax rolls.
Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the
surrounding community. Starting with just a few projects, the CRA has increased its activities to include
over two dozen projects and programs. It must be noted; however, that this increased commitment is not
without costs. Consequently, the CRA's overall program has outgrown the limited funding provided by TIF
revenues. To continue its redevelopment effort and provide adequate funding for its various projects and
programs, the agency must now turn to long-term borrowing. Since property values will inevitably increase
as a result of its activities, this method of financing the CRA redevelopment effort can also be looked upon
as an investment in future TIF revenue.
.._.._.._.............""'..............................'.._ ......n_.._.__,.........""......................... ,.....__.....__.__.........................................._ ....,."."'..___.___..._.......................,__....__.,.".,. ......................_....................."'._..__..,..'.
.....--...-.-..-,.............".......".........--..--..--.. ............-........".",.......,..,..........,..... ..,...........-..----...................................-.... .......,......--_......-,......."."......-.-...,....--..-...... ......-.."...--..............,.,-......,...................
.--........... ....... - .. -............ .........-. ,.,. -... ,.. ,....----..... --.. ........ . .. ....,. "......-.. . '''-'. -- ,....., .-...,..,.. -. -- .. ...... . .
,--.. -... ...........-.. .... . ". ... .....-...-- - . ... ...".,..... - ,- -..... ......". . .. --.....--_..-,.
..... . .. . ....---..--... .... . '" . ... ........... -. ., .... ......",.". ., - ...... ......... - .. ...,--.----
----.-- ... ...."..... ....... ..", ... -...........-- ,.... -...,' -............, ...... ...... ......".". ... - :......,...-.....
\ 2199471.Q95'"",,/IQ95Z1.,:, "'"'' ,",:&199671,997." <""/1.7Z1998.,,,, "', "",,('I&Z"'.;;,',
Projected Assessment $312,072,101 $318,500,786 $325,061,902 $331,758,178 $338.592,396
Base Year Assessment $245.631,067 $245,631,067 $245,631,067 $245,631,067 $245,631,067
Tax Increment $66.441,034 $72,869,719 $79,430,835 $86,127,111 $92,961,329
Ad Valorem Tax $742,352 $814,181 $887,489 $962.307 $1,038,666
REVENUES
Tax Increment Revenues $773,471 $843,114 $914,192 $986,733
Interest Income $49,209 $50,685 $52.206 $53,772
Net Property Lease Revenues $36,529 $43,225 $38,516 $38,083
Proceeds from Borrowing (Taxable)
Proceeds from Borrowing (Tax Ex)
Other Income
From Project Reserve
EXPENDITURES
General/Administrative $355,305 $350.709 $352,304 $366,326 $380,996
Bond Borrowing $273,950 $310,388 $329,678 $347,540 $363,975
Net Project Expenses $1,459.243 $198,285 $126,155 $189,144 $193,972
To Operating Reserve - Bonds $155,000 $50,000 $50,000 $50,000 $50,000
To Project Reserve $86,679 $0 $80,390 $53,482 $91,302
;'T&'J'AL,EXPENOJ"tORE$ $9()9.;382.."$1;006.4~" $1,080,245
Table 4-2: 5-Year Revenue & Expense Projections
4.44
'.
- The CRA is also authorized to fund redevelopment projects and programs through direct borrowing
of funds. Depending on the particular project(s) funding requirements, the CRA may utilize both short and
long term borrowing. Although terms and conditions may have a direct bearing on use of a particular
commercial lending institution, the CRA will generally attempt to attain the lowest available interest rate.
-
--
4.43
grant funds directly from the Federal Government to improve the area designated as the "Community
Development Target Area". These CDBG monies are committed to demolition of substandard housing
units, housing rehab assistance, and home ownership assistance within the target area which includes
much of the Community Redevelopment Area. Over 99% of the total funds expended have been for the
benefit of low and moderate income residents. Given the City's goal to improve housing opportunities and
the existing housing stock for low and moderate income residents, approximately $1 ,385,000 or 50% of the
CDBG grant funds have been used to rehabilitate 80 owner-occupied housing units within the target area.
F, Industrial Revenue Bonds (IRB)
Industrial revenue bonds may be used to finance industrial, and some commercial projects. The
primary emphasis on such projects is the creation of jobs, and as a consequence speculative ventures are
not normally financed by this means. Such bonds are typically issued by the County, with repayment
pledged against the revenues of the private enterprise being funded. IRB's are tax exempt and
consequently are typically 3 percentage points below prevailing interest rates. Such financing has been
used effectively in South Florida.
G, Land Sales/Leases
Acquisition of property, and its preparation for development are powers available to the Community
Development Agency under provisions of F.S. 163. The resale or leasing of such land to private
developers can provide another source of income within the Community Redevelopment Area.
H, Contributions and Grants
Voluntary contributions by private companies, foundations and individuals is a potential source of
income to the Community Redevelopment Agency. Although such contributions may only account for a
small portion of redevelopment costs, they do provide opportunities for community participation with positive
promotional benefits.
I, Urban Development Action Grants (UDAG)
This is one of several grant programs at the Federal level designed to fund private development
through leveraged public investment. The Auburn Trace Project in the southwest section of the Community
Redevelopment Area was partially funded through this type of grant. Due to cutbacks in Federal funding
and the anticipated scale of redevelopment in the City of Delray Beach, this is not considered a strong
source of funds at this time.
d, Enterprise Zone In'+'8stment Ineenti"f8s
The Cnterprise Z'One rrogram of tt'le Btate of Florida pro'/ides for tt'le creation of special Enterprise
Zones in tt'le Btate, in wt'lich corporate and sales tax benefits are gi'/en to businesses that in/est in tt'le
designated areas. Although not a way of directly raising money for redevelopment actions, the Cnterprise
Zone is intended to provide incenti les for private economic de'ielopment within the selected areas. A large
portion of the Community nedevelopment Area is contained within the City's established Enterprise Zone.
J, Safe Neighborhoods Act - Chapter 163.502 FS
Neighborhood Improvement Districts created pursuant to the Act may request a planning grant from
the state's Safe Neighborhood Trust Fund on a 100% matching basis. The District may also be authorized
to levy an ad valorem tax of up to 2 mills annually on real and personal property.
K. Direct Borrowing From Commercial Lenders
4.42
..
- VI. Sources of Redevelopment Funding and Financing
The following section provides a general review of potential sources of funding for redevelopment
programs, and a description of the funding sources applicable to each of the improvements or projects
identified in the plan. In general, a variety of financing options are presently available to the Community
Redevelopment Agency and the City of DeJray Beach. Among these are the following:
A, Tax Increment Revenues
Tax Increment Revenue is typically the major source of fundil1g for redevelopment projects under
the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal
to 95% of the difference between: the amount of ad valorem taxes levied each year by each applicable
taxing authority on taxable real property within the Community Redevelopment Area; and, the amount of
ad valorem taxes that would have been produced by the current millage rates prior to establishment of the
Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing
authorities.
The ability of the Community Redevelopment Agency to utilize this funding method requires two
key actions:
0 The establishment of a redevelopment trust fund as required by FS 163.387 as the
repository for increment tax funds, and;
0 The provision, by ordinance of the City, for the funding of the redevelopment trust fund for
the duration of the Community Redevelopment Plan.
-
B. Redevelopment Revenue Bonds
The provisions of F.S.163.385 allow the City of Delray Beach or Community Redevelopment
Agency to issue "Revenue Bonds" to finance redevelopment actions, with the security for such bonds being
based on the "anticipated assessed valuation of the completed community redevelopment." In this way,
the additional annual taxes generated within the Community Redevelopment Area, the "tax increment", is
used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or
Community Redevelopment Agency may issue bond anticipation notes to provide up-front funding for
redevelopment actions until sufficient tax increment funds are available to amortize a bond issue.
C, General Revenue Bonds
For the purposes of financing redevelopment actions, The City of Delray may also issue General
Obligation Bonds. These bonds are secured by debt service millage on the real property within the City
and must receive voter approval. The existing "Decade of Excellence Program", which includes may
redevelopment initiatives, is funded, in part, by a 21.5 million dollar 1990 General Obligation Bond.
D, Special Assessment Districts
The City of Delray Beach could also establish special assessment districts for the purpose of
funding various neighborhood improvements within an area or for the construction of a particular project.
"'J"fii$'fI,.li)QiQgmf'lch€ll')i$mW€l$i4tjJi~f'ldiin1iQQ4Vvtlf'lI'f'lt)y:;ti:$Pf'lQi€lH~$~$$m~Qt:Pi~JI'iGt!W€l~$f'lt;l.Jp~()'tb€lt
'~:~Qti:9f@!O~@PI'9P~1"lY9Wn~r'~initl1~l3~fl~~l'j$I::lQWCPI'()j~pt~lJldiQ~;:~~s~$$~d:~fli)4c:11IY?()Y~I'c:l:1Q--yij~1'
p~1'i9tfif(j,.tf'leir;:share{Of: the {costiin:.' the::pl'oject.
- E, Community Development Block Grants (CDBG)
Between 1985 and September 30, 1993, the City of Delray Beach received $3,761,000 in CDBG
4.41
v. The Cost of Redevelopment
The following table contains an estimate of total public cost to the City, the County, the CRA or
other agencies of the City for redevelopment projects/programs and for capital improvements within the
Community Redevelopment Area. Cost projections for on-going long term programs are given for a five-
year time period only and will be amended accordingly as this plan is continually updated.
iieClSt.,I~C~$1':.
1. PEACH UMBRELlA PLAZA $138,000
2. AFFORDABLE HOUSING PROGRAM ' $1,038,000
3. DOWNTOWN ANCHOR WITH PARKING $5,000,000
4. DOWNTOWN MIXED USE $44,000
5. BLOCK #76 & #84 REDEVELOPMENT $610,000
6. COURTHOUSE EXPANSION (PHASE If) $2,000,000
7. PINEAPPLE GROVE MAIN STREET $350,000
9. N. FEDERAL HIGHWAY IMPROVEMENT PROGRAM $1,000,000
11. DOWNTOWN CORE IMPROVEMENT $63,000
12. BLOCK #60 REDEVELOPMENT $1,138,000
13. BLOCK #61 REDEVELOPMENT $4,000
14. PEACH UMBRELLA PLAZA If $500,000
15. CRA SUBSIDIZED LOAN PROGRAM ' $500,000
16. SITE DEVELOPMENT ASSISTANCE' $40,000
17. COMMUNITY ACTIVITIES SPONSORSHIP' $50,000
18. DELRA Y BEACH TROLLEY SYSTEM ' $20,000
19 BUSINESS DEVELOPMENT PROGRAM ' $100,000
20. HISTORIC FACADE EASEMENTS $100,000
21. POMPEY PARK POOL IMPROVEMENTS $406,000
22. STREET RECONSTRUCTIONS $1,963,000
23. 4-LANE SOUTH 10TH STREET $1,418,000
24. EAST ATLANTIC AVENUE BEAUTIFICATION $1,700,000
25. NORTHWEST AREA DRAINAGE $175,000
26. CDBG PROGRAM' $2,350,000
27. CITY HOUSING PROGRAMS' $2,650,000
Table 4-1: Estimated Public Cost of Redevelopment and Capital Improvement Projects
Note; 1 Denotes Estimated Program Cost for five years
4.40
'. .
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f' EDEN co , -- \0 '1
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GO.., CL..
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il
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Increase Allowable
Residential Density
to 30 DUlAC
==
REGULATORY ACTIONS
COMMUNITY REDEVELOPMENT PLAN FIGURE 5
- THE CITY OF DELRAY BEACH
COMMUNITY
REDEVELOPMENT
AGENCY
ICA~' IN ""T
~ 1.JI ~
4.39 I ~ ;
. u. ... ,... t'" MORT"
1. Arflend the Future Land Use rlan to change the land use of a portion of sub-area HB to
Industrial. Add policies to the Future Land Use Clement to restrict de'f'elopment of the
above property to uses which are non-impacting on the adjacent wellfield. The City has
begun this process .....ith designation for one parcel (King rroperty), to industrial in
Comprehensi'f'e rlan Amendment 92-2. It is anticipated that the balance of area
recommended to be changed will occur 'fith Comprehensite rlan Arflendment 95 1.
2. Add or amend policies to increase the allo't't'8ble residential development within the COD
to 30 units per acre. Note: Land Use Element rolicy A-5. 13 of City rlan Amendment 92
2 directs that such an amendment be made to the COD Zone District. Completion of this
LDn amendment is expected in 1994.
3. Add policies to expand use opportunities within the area designated as the "rineapple
Crove Business rark" within the CAC application. Note: Land Use Clement rolicy A-5.14
of City rlan Amendment 92-2 directs that either an amendment to the CaD Zoning District
or creation of a new zoning district be adopted. This LOn amendment will be completed
in concert with item 2 as part of an overall review of the COD zoning district regulations.
4. Amend L.U.C. rolicy H C 4.3 to make ~he CnA the lead agency in the preparation of the
COD Development rlan. The City will accommodate this request in City rlan Amendment
94-t-;
5. Amend the Traffic Element to allow lower Level of Service on City roadways indicated in
the GAE. Completion of this item is anticipated in ~ ;1c~~~imf!ngt:l@;ltj~W!"lt:lY\{I%E~~
.............,.........--.--..".
p;~~g~~,
6. Amend L.U.E. Policy # C-4.8(b) to allocate the Pineapple Grove "redevelopment seed
money" specifically for the CRA Block #76 & 84 Redevelopment Project.
7, Amend L.U.E. Policy # C-2.4 to change the completion date for the West Atlantic Avenue
Redevelopment Plan to FY 1993/1994 ;i~~~,~b#i~~?]'
B, Amendments to the Land Development Regulations
1. nezone the property indicated in sub area H8 to Industrial. Include use restrictions to
protect the wellfield. The Citf has adopted a ne'N light industrial zoning district which is
compatible with the nearby wellfield. It is anticipated that rezoning of the property will
occur following adoption of City rlan Amendment 95 1.
2. Amend applicable sections to allow redevelopment of residential projects or the residential
component of mixed-use projects to a maximum of 30 units per acre, within the CBD.
f)lQlt:l;i:~nt:f!..l~t:lEl;ft:ll'rlt:ll'lt:gQliqyii.t\;...pkj9i9f:<3jtYPlah~~ngl'rl~l'lfi~g'"tg:i;Jir@ts:tf'}~t~l.IQt1~1'l
~m&Qgl'rl&Q~cl?~:iji'~cI&itQm&c::1?[,)4<:)Q~)[,)i~tric;!."1J1I~J4[l?J~)~iji&QcIiji~ntii~il?~il'1g~y~lg~t&cI
~E~p~rt6titfjt:lii:r<3~prQQt:l~~.iiiltism~hliqip~t~gth~t the City will adopt regulations in 1996.
3. Amend the CBD district regulations to allow certain light industrial uses within the area
designated as the "Pineapple Grove Business Park" within the GAE "Village Center
Scenario". The City will adopt regulations in 1994. Ttjent:lViCI3D-BCzdr'lir'lgEdistrict
addfesses..thisJsslJe.
4.38
. ,
-< Project Objectives
0 Provide economic stimulation to the area through renovation
0 Promote historic preservation
0 Encourage adaptive re-use of historic buildings
0 Eliminate blighted exterior facades
0 Prevent the spread of slum and blighted conditions
0 Increase employment and business opportunities
0 Decrease unoccupied or underutilized commercial space within the area
0 Stabilize and Increase the property tax base
Project Description
0 Provide capital to property owners to renovate historic structures through the purchase of a facade
easement. The purchase money would be tied to the renovation of the facade.
0 A Property Owner utilizing the program would have his building designated a historic site as set
forth in the City's Land Development Regulations (Section 4.5.1)
0 All historic structures within the community redevelopment area could be considered for the
program including those historic structures that have been moved from outside the area.
0 Purchase of historic easements will be considered by the CRA on a case-by-case basis and
subject to available funding.
0 Facade easement purchase money may be used as a matching fund for other grant funding.
0 The facade easement is superior to any mortgages
0 The CRA retains architectural control over the facade
0 The building owner is responsible for maintenance of the facade improvements.
-
Program Participants and Administration
0 The program will be administered and coordinated by the CRA
0 Other participants include the City, the Historic Preservation Board and Property Owners
Funding Sources
0 The CRA will provide the funding for the program
0 Program allocations shall be determined annually during the budget process or at the discretion
of the CRA.
0 Other funding sources include public and private entities which provide grants for historic
preservation
Program Schedule
0 The program will be implemented in rY 1993!1994ffi'R;ilI~~~Z~I~~~
IV. Program of Regulatory Actions
The following section describes the changes to existing City regulations that will be required to
implement the Community Redevelopment Plan. Unless otherwise described below or on Figure 5, building
height, density, setbacks, and site development requirements are intended to remain as they presently exist
in the various City zoning districts and future land uses, including "Open Space" are to be consistent with
-- the City's Future Land Use Plan and the Comprehensive Plan's Future Land Use Element policies.
A, Comprehensive Plan Amendments
4.37
tS~~~e~X!g~n9i~kiiffi!jy~!~iE(:)'Yn~~11Qij~jii~[QQiitl(:)g~I~t1~iifn~i~gY~I~
'Zit,/P"';:;,;; /;Wi%Wm~<~~iffiliiyi~otjr,io!Qiliiil@Xj:5liil'fo~t~hiPiNYiJliQ!!i~CgQV~01m~n!liilliig~nQi~~;I'lPI'l""p"()fit~
"""""""'i.."'';f'iii~~'fl~W'!~'l~:~~i0<:50d2PrPfitil~nqi1'l9iiil'l~tjti.ltiPnii~II~J..iXliiM!~Qffil1'llJnitY~V~IQPI1'lElrlt
..............',..---..--"........,.,......... ~;~_ill9la~'~1=
.........,......---.....,.---.
EiIi9it)lntyiliil'l(:lXaj:5pli~tiQnyr~qi.lir~m~nl~;'Xrm~~;giiiQ~lin~'X~1l@liij:5j:5IYiJQiX~Em'!ifi.inQ~*
Program Participants and Administration
0 The program will be administered and coordinated by the CRA
0 Other participants include~~iii;;:~Yn!YiX'~~!~'Wi~g~Xilp~i:J~!@.t@ilg~Qpi~~} ii!'lQQ't'pgQtit~Mii'fatiY~~
iI7QI:iOQliitiQO~W'businesses and landlords
Funding Sources
0 The CRA will fund '!fi~ a-PiI6t Program in FY 1994/1995
e If the CnA Ooard determines that the Pilot Program is suecessful, additional funding for a full scale
program 'MII be determined annually during the budget process or at the discretion of the CnA.
Program Schedule
0 ThErPilot Program is to be implemented in FY 1994/1995.
e If the rilot rrogram is successful, implementation of full scale program will begin in rY 1995/1996.
# 3,6: "Historic Facade Easement Program"
Background
The preservation of historic structures in the Community Redevelopment Area is a major objective
of the overall redevelopment program. Historic preservation is important both economically and culturally
and is an important tool for eliminating slum and blighted conditions. Historic downtowns are generally
more successful if their buildings are preserved, rather than demolished. A well preserved historic
downtown can be marketed as a unique place for people to work, shop, eat and congregate. This
enhances the social and economic vitality of the area and increases the property tax base.
Many CRA programs and projects can utilize historic preservation as a redevelopment tool. The
CRA, through this "Historic Facade Easement Program", may purchase the facade of a historic structure
for a portion of the cost of exterior improvements. Not only does this benefit the property owner by allowing
him to initiate the improvements at a fraction of the total cost, it also benefits the public by improving the
appearance of the building in particular, the area in general and in preserving a historic structure as a
linkage to the past. The building owner is required to designate the building as a historic site with the City
of Delray Beach and the CRA retains ownership and architectural control of the historic facade in
perpetuity.
A recent example of a historic easement that the CRA purchased was the Flamingo Gas Station,
located at 301 East Atlantic Avenue. This $25,000 facade easement was one component in the successful
renovation and adaptive re-use of the historic structure from a defunct gas station to a restaurant. The
owner renovated the facade, made substantial site and interior improvements and added an outdoor dining
area. The City's Historic Preservation Board provided an informal approval of the project.
4.36
. .
-< Funding for operation of limited, special event trolleys shall be by the CRA, and others as
0
appropriate.
0 Funding sources for a full scale system shall be determined.
Program Schedule
0 Phase One began in FY 1991/1992
0 Schedule for Phase 2 to be determined.
# 3,5: "Business Development Program"
Background
Increasing economic activity within the Community Redevelopment Area is a major objective of the
overall Community Redevelopment Program. Investments by the CRA which result in increased business
opportunities have positive impacts on employment, the tax base, and the physical environment, all of
which are positive steps toward the elimination of slum and blighted conditions. Many other CRA programs
are aimed at increasing economic activity within the CRA district. The purpose of this "Business
Development Program" is to provide a means to focus the effort. The primary goal of the program is to
facilitate small business development within the Community Redevelopment Area. Types of businesses
to be encouraged include artist studios, galleries, craft shops, specialty shops and other unique businesses
which add vitality, attract visitors and help Delray to find its nitch in the market.
The program will encourage and assist businesses by providing assistance during the crucial first
- year of operation or expansion. The program will provide additional benefits to the local economy by
helping to eliminate some of the vacant commercial space within the area. This not only improves the
overall appearance of the area, but also contributes toward the development of a critical mass of activity,
whereby individual businesses draw additional customers for each other.
Program Objectives
0 Provide economic stimulation to the area
0 Increase business opportunities
0 Increase employment opportunities
0 Decrease unoccupied commercial space within the area
0 Prevent the spread of slum and blighted conditions
Program Description
0 Provide business rental subsidies for the first year of multi-year leases.
- Although at the discretion of the CRA, generally the rental subsidy shall not be given when
total rent, including subsidy exceeds the fair market rent for the area.
0 Additional items toward which financial support may be given include, but are not limited to,
security deposits, last month rental deposit, utility deposits, advertisement, signage, licenses, and
legal assistance.
0 The CRA Board shall maintain policy guidelines regarding types of assistance, funding limits and
eligibility requirements.
0 Although the CRA shall make its decision on a case-by-case basis, generally assistance shall not
be given for uses which do not reinforce and further the redevelopment strategy and goals for the
- geographic sub-area in which they are located or are non-conforming with regards to the City's
Land Development Regulations.
<:) Pro'Vid~..small..busin~~~/I()~nsatbeI6wrn~ketiHtar~$t..r(lte~.tf\ro~ijll.CicprnrnqriitYJ~n(ijn9...p.ro.ijr~111.
-... This loanfundwiltbefund~d througllgrantrnoni~s obtciinecUrolll LOcal,qoI.lOty, State and
4.35
Program Schedule
0 Program was implemented FY 1991/1992
# 3.4: "Delray Beach Trolley System"
Background
In 1985, the Atlantic Avenue Task Force presented a report to the City Commission which outlined
a list of proposed physical improvements along the Atlantic Avenue Corridor. One of the improvements
discussed was the use of a tram system to connect the downtown area to A 1 A. The notion of a downtown
shuttle was furthered in the City's Comprehensive Plan, which states that the City will develop a program
for an in-town shuttle system which links the rail stations. the central business district, the beach, waterway
access points, parking areas, community facilities and addresses needs of the elderly.
It is hoped that development of a trolley system will significantly bolster downtown revitalization
efforts. By providing a direct link to the rail station and the beach, the trolley will greatly increase the
accessibility of the downtown to the residential neighborhoods east of 1-95 and others who may wish to
utilize the Tri-Rail system for a day at the beach, to visit Old School Square or to shop in downtown
Delray.
In 1992, the CRA commissioned FAU/FIU Joint Center for Environmental and Urban Problems to
give its recommendations on the development and operation of a trOlley system in Delray. The report,
entitled, "A Downtown Trolley: An Alternative Transportation Mode in the City of Delray Beach",
recommended a three trolley fare-free system operating Monday through Friday between 7 a.m. and 6 p.m.
While the cost for a system of this type is beyond the reach of the CRA at this time, it is hoped that the
system could become feasible sometime in the near future with additional public and private funding
sources. In the meantime, the CRA will continue to build support for the system by providing trolleys on
a limited basis at special events.
Program Objectives
0 Develop an alternative means of transportation between the Tri-rail station and the beach along
Atlantic Avenue.
0 Increase market appeal of the downtown, both to visitors and to new business
Program Description
0 The program shall be divided into two phases.
0 Phase One shall include the following:
- The CRA shall provide limited trolley service at special events, on a case-by-case basis
at the discretion of the CRA Board; and,
- The City shall be the lead agency in development of the full-scale program, (See City
Comprehensive Plan Policy A-1.3. The CRA will work with the City to develop this
program. Additionally, the CRA will coordinate with the COTRANS plan to expand service
throughout the county, including Delray Beach in 1996.
0 When it becomes feasible, Phase Two shall be implementation of a full scale system.
Program Participants and Administration
0 Participants in the project may include, but are not limited to, the City, CRA, DDA and the Chamber
of Commerce.
Funding Sources
4.34
.
, - Program Participants and Administration
0 The program is administered by the CRA.
0 Other participants may include, but are not limited to, the City of Delray Beach, Property Owners
and Project Developers.
Funding Sources
0 The CRA will provide the funding for the program.
0 Program allocations shall be determined annually during the budget process or at the discretion
of the CRA.
Program Schedule
0 Program implemented in FY 1991/1992.
#3,3: "Community Activities Sponsorship Program"
Background
Since its creation, in 1985, the Community Redevelopment Agency has been asked to participate
in and/or provide funding for a number of community events and projects. Since the programs and projects
of the CRA have a direct impact on the residents of the district, the CRA must consider the problems,
needs and desires of the people in its project decision-making process. Therefore, it is important to
- maintain an open line of communication between the agency and the residents. Expenditures for
community projects and events which further the goals of the CRA are necessary from time to time in order
to maintain and promote the CRA's role in community redevelopment.
Program Objectives
0 Maintain a positive and involved role within the community.
0 Further the goals of the CRA through participation
Program Description
0 Promote and sponsor community events, projects and programs which will lead to stabilization and
expansion of the economic environment within commercial areas, revitalization and rehabilitation
of the existing housing supply or further other basic goals of the CRA.
Program Participants and Administration
0 The project will be administered by the CRA.
0 Other participants may include, but are not limited to, Community Groups and Organizations, Public
Bodies and Private not-for-profit corporations.
Funding Sources
0 The CRA will provide the funding for the program.
-- 0 Program allocations shall be determined annually during the budget process or at the discretion
of the CRA but shall not exceed $10,000 per fiscal year.
4.33
0 The Program was implemented in FY 1990/1991
# 3,2: "Site Development Assistance Program"
Background
In 1991, the City of Delray Beach requested that the CRA provide funds for the removal and
relocation of power poles, which due to the design of the Walgreens redevelopment project would obstruct
on-site traffic flow. Although the City has its own program to accomplish this action, it was felt that the
CRA should pay since the project was located within the Community Redevelopment Area and the CRA
would receive substantial benefits from the project in TIF revenues. The CRA agreed and subsequently
amended its Redevelopment Plan to include a program for the removal of power poles and other
obstructions from travelways within the Community Redevelopment Area. At that time, the program funding
was limited to $3,500 which was the cost of the Walgreens project.
In order to assist private sector redevelopment efforts, the CRA is nO'h' expanding ;~~Jj~~iits
program. Through an annual allocation of funds, the CRA may now provide limited assistance for site
development on a case-by case basis for private development and redevelopment projects, including site
design and engineering.
Program Objectives
0 Encourage private redevelopment initiatives by providing assistance to overcome technical,
administrative and economic obstacles to the site development of CRA selected projects within the
Community Redevelopment Area.
Program Description
0
0
4.32
.
.<-
On August 27, 1990 the CRA board amended its Community Redevelopment Plan through
Resolution No. 90-A to provide for the implementation of the program to subsidize the interest on loans
used to enhance or upgrade the exterior of privately owned properties within the Community
Redevelopment Area. This action was further supported through adoption of Resolution No. 86-90 by the
City Commission.
After development of the criteria for the program and negotiations with the lending institution, the
eRA entered into an agreement with First Union National Bank as the lender and the City of Delray Beach
as the dispersing agent. The program originally called for a maximum CRA commitment for FY 90/91 of
$100,000 to fund the program.
To further reinforce investment within the Community Redevelopment Area, the program has been
expanded to include provisions for business loans and permanently fixed interior improvements for non-
residential structures. ~qgnfQj)~!!Y;f!t1~fIQ~gU~"9g~igYUm~y;lij)Q~lp~Mlil~~nJQiiitey:~l,U1~iJiiifiQ!p~1l1~mQ9nlf~f:
l!irlQl;!rg\l~n!,~!!ifQ~!1M~fJgfP'ri~yjQglim~:inJir~~l Four additional banks joined the program and signed
agreements in 1993. Banyan Bank committed $100,000 in loans, Equity Bank committed $300,000, Barnett
Bank committed $1,000,000, and AmTrust Bank committed $500,000.
Program Obiectives
0 To enhance the physical appearance of the CRA District
0 To eliminate and prevent the spread of slum and blighted conditions
0 Create incentive for spin-off investment within the Area.
0 Increase investment within current CRA projects
0 Stimulate new business activity
-,
Program Description
0 1:9P~i:<,n~~ Loan pool at 0% interest available as follows:
- to residents, property owners and businesses of the CRA to make exterior property
improvements;
- to businesses to make permanently fixed interior improvements; and,
- to land/ordslbuilding owners to make permanently fixed interior improvements in
preparation for lease to business tenants or to make small additions to their structures as
part of a business expansion.
0 Implementation of improvements to be administered by the City's Community Improvements
Department.
0 The CRA Board will maintain Policy guidelines regarding loan limits, '$9~igYM!~5'~!~i project
eligibility and list of qualified improvements.
Program Participants and Administration
0 The program will be administered and coordinated by the CRA
0 Other participants include: one or more Financial Lending Institutions, Loan applicants, and the City
of Delray Beach
Funding Sources
0 The CRA provided an initial $100,000 allocation FY 1990/1991
0 Additional program allocations shall be determined annually during the budget process or at the
,- discretion of the CRA on an as-needed basis to maintain the loan pool.
(; Grants
Program Schedule
4.31
Part Six:
Appendices
-~
APPENDIX A
LEGAL DESCRIPTION
COMMUNITY REDEVELOPMENT AREA
6.1
Beginning at the intersection ot the north right-ot-way line ot N.W. 4th Street and the east right-ot-way
line of Swinton Avenue, thence run westerly along the north right-at-way line of N.W. 4th Street to N.W.
4th Avenue; thence run westerly along the north right-at-way line of Lake Ida Road to the east right-ot-
way line of the E-4 Canal; thence run southwesterly along the E-4 Canal to the east right-of-way line of
1-95; thence run southerly along the east right-of-way line of 1-95 to the north right-of-way line of S.W.
10th Street; thence run easterly along S.W. 10th Street to the west right-of-way line of S.E. 6th Avenue
(U.S. #1 northbound); thence run northerly along S.E. 6th Avenue to the north right-of-way line of S.E. 2nd
Street; thence run easterly along said right-of-way line of S.E. 2nd Street, and the easterly projection
thereof to the west right-at-way line of the Intracoastal Waterway; thence run northerly along the west
right-of-way line of the Intracoastal Waterway to the south right-of-way line of S.E. 1st Street; thence run
easterly along the easterly projection of the south right-ot-way line of S.E. 1st Street to the east right-of-
way line ot the Intracoastal Waterway; thence run southerly along the east right-ot-way line of the
Intracoastal Waterway to its intersection with the westerly projection at the south right-at-way line at
Miramar Drive; thence run easterly along the westerly projection of the south right-ot-way line of Miramar
Drive and along the south right-at-way line ot Miramar Drive to the northeast corner ot Lot 4 of the
Williamson Deibel Subdivision, as recorded in Plat Book 18, Page 55, Palm Beach County Records; thence
run southerly along the east lot line at said Lot 4 to the south line of said Williamson Deibel Subdivision;
thence run westerly along the south line at said Williamson Deibel Subdivision to the east right-ot-way line
of Gleason Street; thence run southerly along the east right-at-way line of Gleason Street to the south line
of the Dover House Condominium; thence run easterly along the south line at said Dover House
Condominium to the west right-at-way line at A1A; thence run northeasterly along the west right-of-way
line at A1A to the easterly projection at the north right-of-way line of Lowry Street; thence run westerly
along the easterly projection at, the north right-of-way line of, and the westerly projection ot the north
right-at-way line at Lowry Street to the west right-at-way line of the Intracoastal Waterway; thence run
northeasterly along the west right-at-way line of the Intracoastal Waterway to the centerline at the right-ot-
way ot N.E. 1st Court; thence run westerly along the centerline of the right-of-way of N.E. 1st Court to the
west right-of-way line of N.E. 7th Avenue; thence run southerly along the west right-of-way line of N.E.
7th Avenue to the south lot line of Lot 15 of Block 115 of Town of Unton Plat as recorded in Plat Book 1,
Page 3, Palm Beach County Records; thence run westerly along the south lot line of said Lot 15, and the
westerly projection thereof to the east lot line of Lot 5 of Block 115 of said Town of Unton Plat; thence run
northerly along the east lot line of said Lot 5, and the northerly projection thereof to the southeast corner
at Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records;
thence run easterly along the easterly projection of the south lot line ot Lot 38 to the southeast corner of
Lot 49 of said Hofman Addition; thence run northerly along the east lot line of said Lot 49 and the northerly
projection thereof to the northeast corner of Lot 44 of said Hofman Addition; thence run westerly along the
north lot of said Lot 44 and the westerly projection thereof to its intersection with the southerly projection
of the east lot line of Lot 14, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87,
Palm Beach County Records; thence run northerly along the southerly projection of the east lot line of said
Lot 14, the east lot line of said Lot 14, and the northerly projection of the east lot line of said Lot 14 to its
intersection with the centerline of the abandoned N.E. 7th Court right-of-way; thence run easterly along
said centerline of N.E. 7th Court right-of-way to the west right-of-way line of N.E. 7th Avenue; thence run
northerly along N.E. 7th Avenue to the northeast corner of Lot 45, McGinley and Gosman's Subdivision,
as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run westerly along the north
lot line of said Lot 45 and the westerly projection thereof to the southeast corner of Lot 59 of said
McGinley and Gosman's Subdivision; thence run northerly along the east lot line of said Lot 59 and the
northerly projection thereof to the north line of the Sophia Frey Subdivision, as recorded in Plat Book 4,
Page 37, Palm Beach County Records, thence run easterly along the north line of said subdivision to the
southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach County
Records; thence run northerly along the west line of said Martell Arms Plat to the northwest corner of said
Martell Arms Plat; thence run easterly along the north line of said Martell Arms Plat to the west right-of-
way line of N.E. 8th Avenue; thence run northerly along the west right-of-way line of N.E. 8th Avenue to
the north line of Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County Records;
thence run easterly along the north line of said subdivision to the west line of the Denery Lane Subdivision,
as recorded in Plat Book 23, Page 238, Palm Beach County Records; thence run northerly along the west
1
"
line of said subdivision to the south line of La Hacienda Subdivision, as recorded in Plat Book 15, Page
6, Palm Beach County records; thence run easterly along the south line of said subdivision to the west
right-of-way line of the Intracoastal Waterway; thence run northerly along the west right-of-way line of
the Intracoastal Waterway to its intersection with the south town limits of the Town of Gulfstream; thence
run westerly along said south town limits to the southerly projection of the east line of Delray Beach
Estates, as recorded in Plat Book 21, Page 13, Palm Beach County Records; thence run northerly along
the southerly projection of, and the east line of said Delray Beach Estates to its intersection with the east
right-of-way line of State Road 5 (U.S. #1); thence run southerly along said east right-of-way line to its
intersection with the easterly projection of the south lot line of Lot 20 of Delray Beach Estates as recorded
in Plat Book 21, Page 13; thence run northwesterly along the easterly projection of the south lot line of said
Lot 20, the south lot line of said Lot 20, and the westerly projection of the south lot line of said Lot 20 to
the west right-of-way line of Old Dixie Highway; thence run northerly along the west right-of-way line of
Old Dixie Highway to the south right-of-way line of Gulfstream Boulevard; thence run westerly along
Gulfstream Boulevard to the east right-of way line of N.E. 2nd Avenue; thence run southerly along N.E.
2nd Avenue to the north right-of-way line of N.E. 8th Street; thence run westerly along N.E. 8th Street to
the east right-of-way line of North Swinton Avenue; thence run southerly along North Swinton Avenue to
the point of beginning.
However, said area as defined by the boundaries described above shall not include such properties
presently outside the jurisdiction of the city of Delray Beach until such time as those properties may be
annexed by the City of Delray Beach in which event they shall become part of the area.
2
APPENDIX B
FINDINGS OF NECESSITY
6.2
'.
~
RESOLUTION NO. n-"
A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF DELRAY BEACH,
FLORIDA, DECLARING CERTAIN AREAS A BLIGHTED OR AS SLUM
AREAS AS DEFINED IN CHAPTER 163, PART 01, FLORIDA STATUTES OR
AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO
RESIDENTS OF LOW OR MODERATE INCOME INCLUDING THE ELDERLY,
OR A COMBINA nON THEREOF, DECLARING A NEED FOR REHABILI-
T A nON OF SUCH AREAS, FINDING A NEED FOR A COMMUNITY
REDEVELOPMENT AGENCY, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, hereby finds that one or
more slum and blighted areas as deftned In Florida Statutes Section 1&).)'0 or areas In which there Is .
shortage of housing affordable to residents of low or moderate Ir.come Including the elderly, or a
combination thereof, exist in the City of Delray Beach, and,
WHEREAS, a need for rehabilitation, conservation or redevelopment, or a combination
thereof, Is necessary In such areas in the interest of the public health, safety, moral~, or welfare of
the residents of the City of Delray Beach, and,
WHEREAS, the City Council of the City of Delray Beach, Florida, finds It Is necessary for
a Community Redevelopment Agency to function in the City of Delray Beach to carry out the purposes
of Chapter 163, Part 01, Florida Statutes.
NOW, TH~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That one or more slum ot blighted areas or areas In which there is a shortase of
housing affordable to residents of low or moderate Income Including the elderly, or a combination
thereof, exist in the City of Delray Beach.
Section 2. That the rehabilitation, conservation, and redevelopment, or a combination
thereof, of such area or areas Is necessary In the Interest of the public health, safety, morals, and
welfare of the resldenu of the City of Delray Beach.
Section). That there Is a need for a Community Redevelopment Agency to luncticn In the
City of Delray Beach to carry out the Community Redevelopment purposes of Chapter 163, Part In of
the Florida Statutes.
SectIon .. That the area of the City of Delray Beach more fully..<fescrlbed In Appendix ".'"
Is hereby found and declared to be a slum and blighted area, as defined by and within the purposes and
Intent of Florida Statutes, Chapter 163, Part OJ.
Section'. That this resolution shall become effective Immediately upon Its passage.
PASSED AND ADOPTED In regular sessIon on this the ..!!tb. day of
Ml!IY ,19&'.
f&~'J'e~~ c~~
MAYO
ATTEST:
&.,~e~ a..~
-
.
RESOLUTION NO. 47-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, DECLARING CERTAIN AREAS AS BLIGHTED OR
SLUM AREAS AS DEFINED IN CHAPTER 163, PART III, FLORIDA
STATUTES OR AR:A~IN WHICH THERE IS A SHORTAGE OF HOUSING
AFFORDABLE TO RESIDENTS OF tow OR MODERATE INCOME
INCLUDING THE ELDERLY, OR A COMBINATION THEREOF:
DECLARING A ;/EED FOR REHABI.LITATION OF SUCH AREAS,
AMENDING THE 10UNDARIES OF THE COMMUNITY REDEVELOPMENT
AREA: PROVIDIN~ FOR AN EFFECTIVE DATE.
WHER~~S, the C\ty Council of the City of Delray Beach, Florida,
did, on May Ii., 1985, adopt Resolution No. 32-85 findinq that. one or
more slum and .bliqhtec areas as. defined in Florida Statutes Section
163.340 or are~ in Wh1Ch there is a shortaqe of housinq affordable to
residents of low or :noderate income, includinq the elderly, or a
combination the~of, exists in the City of Delray Beach, and,
I"
WHEREAS, the City Council of the City of Delray Beach, Florida,
has found and declared in Resolution No. 32-85 that a need for
rehabilitation, conservation or redevelopment, or a combination thereof,
is necessary in such areas in the interest of the public health, safety,
morals, or welfare of the residents of the City of Delray Beach: and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
has found and declared in Resolution No. 32-85 that there is a need for
a Community Redevelopment Aqency to function in the City of Delray Beach
to carry out the Community Redevelopment purposes of Chapter 163, Part
III of the Florida Statutes: and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
by Ordinance No. 46-85, adopted June 18, 1985, did create a Community
Redevelopment Agency as provided in Florida Statutes Section 163.3561
and,
WHEREAS, on December 23, 1986 the Board of County Commissioners
of Palm Beach County passed and adopted Resolution No. R-86-2003
deleqatinq the exercise of the powers conferred upon the County by
Chapter 163, Part III, Florida Statutes, within the boundaries of the
City of Delray Beach to the qoverning body of the City of Delray Beach
completely and without limitation, and,
.
WHEREAS, the Delray Beach Communlty Redevelopment Agency has
surveyed the condition of a 103 acre area within the City of Delray
Beach and described more fully in Appendix A (.f this resolution and has
determined that within the area there exists such conditions as would
reasonably qualify the area as slum or bliqh'.ed as defined in Florida
Statutes Section 163.340: and,
WHEREAS, the Delray Beach Community Redevelopment Agency has
surveyed the condition of a 103 acr'.! area ~ ithin the City of Delray
Beach as described more fully in Appendix A o~ this resolution, and has
determined that within the area there is a need for the rehabilitation,
conservation, or redevelopment, or a combination thereof, of such areas
in the interest of the public health, safety, morals, or welfare of the
residents of the City of Delray Beach, Florida, and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
hereby finds that one or more slum and bUqhted areas, as defined in
Florida Statute Section 163.340, or areas in whieh there is a shortaqe
of housinq affordable to residents of low or moderate income includinq
the elderly, or a combination thereof, exists in the 103 acre area
within the City of Delray Beaeh a. described more fully in Appendix A of
this resolution: and,
WHEREAS, the City Council of the City of Oelray Beach, Florida,
finds that a need for rehabilitation, conservation, or redevelopment, or
a combination thereof, is necessary in such areas in the interest of the
public health, safety, morals, or welfare of the residents of the City
of Delray Beach,
NOW, 'J HFREFORE, BE IT RESOLVED ~Y THE CITY COUNCIL OF THE CITY
OF DELRAY BEACf, FLORIDA, AS FOLLOWS:
,
Sectic n 1. That the area of the City of De lr a y Beach more
fully describec 1n Appendix A is hereby found and declared to be a slum
and blighted a~ea, as defined by and within the purposes and intent of
Florida StatutEs, Chapter 163, Part II 1.
Secti"n 2. That the rehabilitation, conservation, and
redevelopment, or a combination thereof, of such area is necessary. in
the interest of the public health, safety, morals, and welfare of the
residents of t~e City of Delray Beach.
Section 3. That the De lray Beach Community Redevelopment
Agency as constituted by Ordinance No. 46-85 is authorized to carry out
the community 'redevelopment purposes of Chapter 163, Part III of the
Florida Statutes in the area described in Appendix A.
Section 4. That the boundaries of the community redevelopment
area as established in Resolution 32-85 as amended by Resolution 9-86 be
further amended to include the area described in Appendix A of this
resolution.
Section 5. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 24th day
of November , 1987.
Q_~4-;,~~~
MAY 0 R
ATTEST:
,
C~L2' ~
" C ty C1er
.
APPENDIX C
COUNTY COURTHOUSE AMENDED AGREEMENT
6.3
'.
.
.
.. .
893 1 9830
FIRST AKBBDJIEft TO INTERLOCAL AGRBBMBIIT
BE'J!WEBB PALM BEACH COlJlRY AHD THE CITY OF DELRAY
BEACH AHD !rIlE DBLRAY BEACH COHMUIfIft REDBVBLOPJlEH'.r AGENCY
This First Amendment to that certain Interlocal Agreement
dated August 12, 1986 is made and entered by and between Palm Beach
COUDty, hereinafter called "County", a political subdivision of the
State of Florida, and the City of De1ray Beach, hereinafter
referred to as "City", a municipal corporation existing under the
laws of the State of Florida, and the De1ray Beach COlIIIILuuity
Redevelopment. Agency, hereinafter referred to as II Agency" , an
agency established pursuant to Florida Statute Section 163 Part
III.
WIT N E SSE T H:
WHEREAS , the City, Agency and County extended into an
Interlocal Agreement on the 12th day of August, 1986; and
WHEREAS , pursuant to said In~erlocal Agreement the County
constructed a courthouse and other governmental facilities; and
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WHEREAS , it is the County's intent to expand the above
described South County. Courthouse facilities and services which
expansion will require the occupation and improvement of additional
real property.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained, the parties hereby agree that the
Interlocal Agreement is amended in its entirety. to read as follows:
1. (A) . The Agency agrees to acquire and subsequently
convey to the County on or before October 1, 1994, at no cost to
the County, such property described in Parcels 1 and 2 as set forth
in Exhibit "A", attached hereto and made a part hereof. The Agency
shall .convey to the County such property by Warranty Deed free and
clear of all lie~s and encumbrances whatsoever with the exception
of those which have been approved in advance by the County. The
Agency shall supply County at Agency's expense, at the time County
takes possession of the property, with a marketable title policy
insuring the County's interest in the property in an amount equal
to the assessed value or the Agency's acquisition cost whichever is
greater.
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(B). In the event the County provides the Agency -
with written demand and evidence of County's plan and notice of
intention to further improve the South County Courthouse Complex by
adding structures on the property described in Parcel 3 as set
forth in Exhibit "A", the Agency agrees to acquire and subsequently
convey to the County such property at no cost to the County by
Warranty Deed free and clear of all liens and encumbrances
whatsoever with the exception of those which have been approved in
advance by the County. The Agency shall supply County at Agency's
expense, at the time County takes possession of such property, with
a marketable title policy insuring the County's interest in the
property.in an amount equal to the assessed value or the Agency's
acquisition cost whichever is greater. The County agrees to give
the Agency twelve (12) months advance written notice prior to
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requiring this property from the Agency. In any event, the County
will not request the property before the 31st of December, 2000.
Notwithstanding the foregoing, in the event the County has not
requested the conveyance of the property by the 31st of December,
2002, the Agency shall be under no further obligation to acquire
and convey the subject property pursuant to this Agreement.
(C). In the event the Agency is dissolved, is de-
authorized or ceases to exist for any reason, then, in that event
the City shall "assume all rights of the Ag~ncy and agrees to
undertake and fulfill all of Agency's obligations under this
Agreement.
2. City agrees to initiate and complete the processing
of all necessary changes to the City's Comprehensive Land Use Plan
to make these proposed ~rojects consistent and in conformity with
the City's code of laws and ordinances. The County shall be
required to submit the propos"ed project for development review
pursuant to the City's normal review process. The City agrees to
expedite the review of such submittals.
3. The Agency, at its election, may demolish the
structures existing on t~e property described in Parcels 1 and 2 as
set forth in Exhibit "A" prior to the conveyance of such property
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to the County. In the event the Agency elects to demolish said
structures, the County agrees to reimburse the Agency for the
expense thereof, provided the Agency has received the County's
written approval of such costs prior to performing such demolition.
Reimbursement to the Agency for the demolition costs, by the
County, after the Agency presents documentation of actual
expenditures in a form acceptable to the County, shall be made no
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later than November 1, 1994.
4. The parties hereby agree that in the event the
County shall ever elect to dispose of its interest in any of the
real property described in Exhibit "A" , the Agency shall have a
right of. first refusal to acquire such real property from the
County. Prior to taking any action to dispose of the property, the
County shall offer the property to the Agency "as is" at a purchase
price equal to the fair market value of the improvements to the
land made by the County (excluding land value). The County shall
provide the Agency written notice of its intent to dispose of such
real property together with an appraisal as to the said
improvements to the lands and the Agency shall have a period of
thirty (30) days to exercise its right of first refusal as
hereinabove provided by' giving the County written notice of such
election. Closing shall occur ninety days (90) thereafter.
5. The City represents and confirms that water, sewer
and storm drainage facilities are available at the street,
contiguous to the properties, and there is adequate capacity to
service one hundred fifty thousand (150,000) square feet of the
courthouse and/or other governmental facilities at no cost to
County. When utilities are available and present at the site,
County agrees to pay all standard user charges pursuant to the City
policy. I
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6. The parking lot constructed by the County may be
available for after normal business hour use to the City and/or the
Agency for special events pursuant to Real Property Temporary Use
Agreements to be entered into between the County and the Agency
administratively on the form attached as Exhibit "B". The County
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agrees to not unreasonably withhold its consent for the City and/or
the Agency's utilization of said parking.
7. (A). The City represents and confirms that there
currently exist, or provisions have been made at no cost to County,
for all necessary signalization on Atlantic Avenue (i)at the
western property line of the Courthouse project, (ii)at the
intersection of the shared access driveway and Atlantic Avenue;
and, (iii)for all necessary stacking and deceleration lanes and
other roadway modifications to accommodate traffic associated with
the development of the ten acre site in conjunction with the new
public safety building.
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(B). The City acknowledges that adequate lighting of
the ten acre facility' is necessary to enhance ' the safety and
security of individuals utilizing the site. The City agrees to
allow lighting adequate for the purposes of the site, provided that
such lighting shall comply with City Codes and Land Development
Regulations.
8. The' City agrees to initiate and process the
abandonment of Southwest Second Avenue between Atlantic Avenue and
First Street; and any other abandonments requested by the County
for alleyways or rights~of-way pontained within the property to be
conveyed to the County.pursuant to Paragraph 1 of this Agreement.
Said rights-of-way shall be conveyed to Palm ~ach County as part
of any conveyance of contiguous property or at such time as the
County reasonably requests the abandonment. Such abandonment shall
exclude such underground utility easements as the City shall
require for existing underground utilities, provided however, that
in the event the City ,receives notice from the County that the
County intends to construct astructure(s) on such abandoned right-
of-way where underground utilities exist, the City shall at its
sole cost and expense remove and abandon said underground utilities
within six (6) months after having received written notice as above
described from the County. The City shall provide County with a
marketable title insurance policy in an amount equal to the fair
market value of the property subject to the abandonment at the tilne
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the abandonment is completed. The City shall bear the full cost of
processing all such abandonments.
9. City and County agree to provide each other, at no
cost, with the necessary easements to allow for joint access to the
site to be shared by'traffic generated by the courthouse project
and the City's new public safety building.
10. If in the sound discretion of the Chief Judge of the
Fifteenth Judicial Circuit, there is an apprehension of inadequate
facility security at the site, then upon written request of the
Chief Judge, the City agrees to assign one full-time police officer
to the security of the site and immediate surrounding areas, full
time, extending from one hour before and continuing until one hour
after the normal operating hours of the facility, at no cost to
County. This security will continue to be provided by the City
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until such time that the Chief Judge is satisfied from statistics
or any other circumstances .that the site is adequately secure
without the specific assignment of such a patrol officer by the
City.
11. For the purposes of this Agreement, notices provided
for herein shall be deemed sufficient when addressed to the
following addresses and deposited in the United States Mail:
a. Palm Beach County
Office of the County Administrator
301 North Olive Avenue, Su~te 1101
West Palm Beach, PL 33401
WITH A COPY TO:
Palm Beach County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
b. City of Delray Beach
OffIce of the City Manager
200 N.W. First Avenue
Delray Beach, PL 33444
c. Office of the Executive Director
Delray Beach Community Redevelopment Agency
64 S.E. 5th Avenue
Delray Beach, FL 33444
WITH A.COPY TO:
'.
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
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This Agreement shall be null and void if not signed by all
parties by , 19_.
DOro€~:::~
9 M Beach County
AUG 1 7 1993 AUG 1 7 1993
DATE DATE
~~~ ATTEST:
CITY CLERK
MAYOR CITY OF DELRAY BEACH
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APPROVED AS TO FORK :
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AND LEGAL SUFFICIENCY: --off: .'---. ~II
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LEGAL SUFFICIENCY
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Exhibit II A II
, Land Transfer Map
Block 53, Delray Beach, Florida
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Atlantic AvenGe
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EXHIBIT
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PALH BBACB ,COUlft'Y
REAL PROPBRTY
TBKP01U\RY USB AGRBBKBNT
between ."
PALH BBACB. COUlft'Y .
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and
CITY 01' DBLRAY BBACB, J'LORIDA -.
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07/13/93
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TABLE OP COIfTBIfTS
PAGE NO.
ARTICLE I BASIC PROVISIONS
1.01 premi ses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.02 Length of Term and Commencement Date...... 1
1.03 Rent. . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . 1
ARTICLE II CONSTRUCTION OF PREMISES
2.01 Acceptance of Premises..................... 1
2.02 Al terat.ions. . .. . . . . . . . . . . . . .' . . . . . . . . . . . . . . 1
ARTICLE III CONDUCT OF BUSINESS AND USE OF. PREMISES
BY CITY
3.01 Use of Premises and 'Hours of Operation.... 1
3.02 Waste or Nuisance......................... 2
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3.03 Governmental Regulations.................. 2
3.04 Surrender of Premises. . . . . . . '. . . . . . . . . . . . . . 2
ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES
4.01 Responsibility of City.................... 2
ARTICLE V INSURANCE AND INDEMNITY
5.01 Liability Insurance....................... 2
5.02 Indemnification of ........ .... ... ........ 2
ARTICLE VI LEGAL EXPENSES............................ 3
ARTICLE VII MISCELLANEOUS
7.01 Entire Agreement.......................... 3
7.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7.03 Waiver of Jury Trial...................... 3
7.04 Governing I..aw............................. 4
7.05 Time of Essence........................... 4
7.06 Severability. . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . 4
Exhibit "A": COUNTY'S PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . 5
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TBMPORARY USB AGREBMENT
HIS AGREBMBNT, made and entered into this _ day of
, 199_, by and between PALM BEACH COUNTY, a pOlitical
subdivision of the state of Florida, hereinafter referred to as
"County" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as "City".
WIT N B S S B T H:
WHEREAS, County is the owner of certain real property in Palm
Beach County, Florida, as said property (the "Property") is legally
described in Exhibit "A" attached hereto and by reference made a
part hereof; and
WHEREAS, ci ty has requested the temporary use of the parking
lot areas located on the Property in conjunction with its hosting
of a professional tennis tournament; and
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WHEREAS, County is willing to allow city to use said parking
lot areas for the purposes hereinafter defined.
NOW THEREJ'ORE, in consideration of the sum of Ten Dollars
($10.00) and other.good and valuable considerations, receipt and
SUfficiency of which is hereby acknowledged, County hereby grants
to City and city hereby accepts the use of the premises hereinafter
defined upon the following terms and conditions:
ARTICLE I
BASIC PROVISIONS
seotion 1.01 Premises.
The premises subject to this Agreement consists of the paved
parking area at
'Seotion 1.02 Lenqth of Term and Commencement Date.
The Term of this Agreement shall be for a period of _____ ( )
_ which shall commence on the _ day of , 19_' (the
"Commencement Date") and shall expire on the _ day of _____, 19_
unless extended by mutual agreement of the parties.
Seotion 1.03 Rent.!
The use of the 'Premises by City shall be on a rent-free basis.
ARTICLE II
CONSTRUCTION 01' PREKISBS
Seotion 2.01 Acceptance of premises.
City certifies that it has inspected the Premises and accepts
same "As Is", in its existing condition as of the Commencement Date
of this Agreement.
Seotion 2.02 Alterations.
city shall not make or permit any improvements, additions,
modifications or alterations whatsoever to the Premises.
ARUCLE, III
CONDUCT OJ' BUSINESS AND USB 01' PREKISBS BY CITY
Section 3.01 Use of Premises and Hours of oDeration.
City shall use the Premises solely and exclusively for vehicle
parking in conjunction with
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All parking spaces shall be vacated by midnight , 19_.
city shall not use, permit or suffer the use of the Premises for
any other business or any disorderly or unlawful purpose.
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seotion 3.02 Waste or Nuisanoe .
city shall not commit or suffer to be committed any waste upon
the Premises or any nuisance or other act or thing which may result
in damage or depreciation of value of the Premises or which may
affect County's fee interest in the Premises. Following eacq day
of use by the City, all refuse is to be removed from the Premises
at City's sole cost and expense. city will keep the access to the
Premises and contiguous areas to the Premises free and clear of
obstruction.
Seotion 3.03 Governmental Reaulations.
City shall, at City'S sole cost and expense, comply with all
ordinances, laws, statutes and regulations promulgated thereunder
of all county, municipal, state, federal. and other applicable
governmental authorities, now in force, or which may hereaf~r be t t
in force, pertaining to City or its use of the Premises. I 't::H~ :~t~~d g;r.
shall indemnify, defend and save county harmless from any and all law the
penalties, fines, ;costs, expenses, suits, claims, or damages
resulting from City's failure to perform its obligations in this
Section.
seotion 3.04 Surrender of Premises.
Upon termination or expiration of this ~greement, City, at its
sole cost and expense, shall remove all of its personal property
from the Premises and shall surrender the Premises to county in the
same condition the Premises were in as of the Commencement Date of
this Agreement, reasonable wear and tear excepted. If city fails
to remove any vehicle parked on the Premises, then upon expiration
of the Term of this Agreement, county may remove said vehicle from
the Premises for which the cost City shall be responsible and shall
pay promptly upon demand.
ARTICLB IV
REPAIRS AND MAINTENANCE OJ' PREKISES
Seotion 4.01 ResDonsibilitv of City.
All portions of the Premises shall be kept in good repa~r and
condition by city. At the end of the Term of this Agreement, City
shall deliver the Premises to county in good repair and condition
as specified herein. I
ARTICLB V
INSURANCE AND INDEKNITY
seotion 5.01 Liabilitv Insuranoe.
City shall, during the entire Term hereof, provide county with
a certificate evidencing self-insurance coverage for comprehensive
general liability in the amount of $100,000 per person and $200,000
per incident or occurrence. In the event the Legislature should
change the City's exposure by Statute above or below the sums
insured against, the city shall provide insurance to the extent of
that exposure.
seotion 5.02 Indemnifioation.
City shall, to 'the extent permitted by law, indemnify and save
harmless the county from and against any and all claims, suits,
actions, damages and/or causes of action arising during the Term of
this Lease for any personal injury, loss of life and/or damage to
property sustained in or about the Premises by reason or as a
resul t of the use and occupancy of the Premises by City, its
agents, employees, licensees, invitees, and members of the public
generally, and from and against any orders, judgements, and/or
decrees which may be entered thereon, and from and against all
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costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event County shall be
made a party to any litigation commenced agti~ft ~~itl~~~j
Ci ty against any third party, then City I rh! ecB aw
County harmless and pay all costs and attorney's fees incurred by
County in connection with such litigation, and any appeals thereof.
Nothing contained herein shall be construed as a waiver of
sovereign immunity enjoyed by the parties hereto, as provided in
Florida statutes 768.28 as amended, or any other law providing
limitations on claims.
ARTICLE VI
LEGAL EXPENSES
In the event that it shall become necessary for County to
employ the services of any attorney to enforce any of its rights
under this agreement or to collect any sums due to it under this
Agreement or to remedy the breach of any covenant of thi~ Agreement
on the part of the city to be kept or performed, regardless of
whether suit be brought, city shall pay to county such reasonable
fee as shall be charged by county's attorney for such services.
Should suit be brought for the recovery of possession of the
Premises, or for any sum due County under this Agreement, or
because of the default by City of: any of the covenants of this
Agreement, City shall pay to County all expenses of such suit and
any appeal thereof,' including a reasonable attorney's fee.
ARTICLE VII
HISCELLANBOUS
Section 7.01 Entire Aareement.
This Agreement and any Exhibits attached hereto and forming a
part thereof as fully set forth herein, constitute all agreements,
conditions and understandings between County and City concerning
the Premises. All representations, either oral or written, shall
be deemed to be merged into this Agreement. Except as herein
otherwise provided, no subsequent alteration, waiver, change or
addition to this Agreement shall be binding upon County or City
. unless reduced to writing and signed by them.
section 7.02 Notices.
Any consents, approvals and permissions by county shall be
effective and valid only if in writing and any notice by either
party to the other shall be in writing and shall be deemed to be
duly given only if mailed prepaid by certified mail return receipt
requested, addressed:
(a) If to county at:
Property and Real Estate Management Division
50 South Military Trail, Suite 211
West Palm Beach, FL 33415
with a copy to:
Palm Beach County
Attn: County Attorney
301 North' Olive Avenue
West Palm Beach, FL 33401
(b) If to City at:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
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section 7.03 Waiver of Jurv Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Agreement.
section 7.04 Governina Law.
This Agreement shall be governed by and interpreted according
to the laws of the state of Florida and venue shall be in Palm
Beach county.
section 7.05 Time of Baaence.
Time is of the essence with respect. to the performance of
every provision of this Agreement in which time of performance is
a factor.
section 7.06 Severability.
If any term of this Agreement, or the application thereof to
any person or circumstance, shall to any extent be invalid or
unenforceable, the remainder of this Agreement, or the application
of such term to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected
thereby, and each term of this Agreement, shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year first above written.
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PALM BEACH COUNTY, FLORIDA a
ATTEST: political subdivision of the
State of Florida
Dorothy H. Wilken, Clerk
By: By:
Deputy Clerk . Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Asst. County Attorney
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ATTEST: CITY OF DELRAY BEACH
By: By:
City Clerk Mayor
APPROVED AS TO FORM.
AND LEGAL SUFFICIENCY
City Attorney
h:'-r,allr_t\delray3.allr
07/13/93
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APPENDIX D
LAND ACQUISITION MAPS
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Property Acquisition Map
Peach Umbrella Plaza I
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W. Atlantic Avenue
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A 12-43-46-16-01-028-0051 S. 24.7 Ft. of Lot 5 & N. 44.7 Ft. of Lot 6, Block 28, Town of Unton
B. 12-43-46-16-01-028-0061 S. 30 Ft of Lot 6, Block 28, Town of Unton
C. 12-43-46-16-01-028-0130 Lot 13, Less S 20 Ft, Block 28, Town of Unton
D. 12-43-46-16-01-028-0151 Lot 15, Less E 19 Ft. & S 20 Ft., Block 28, Town of Unton
E. 12-43-46-16-01-028-0152 E 19 Ft. of Lot 15 & WLY 14.75 Ft. of Lot 16, Less S 20 Ft., Block 28. Town of Unton
F. 12-43-46-16-01-028-0161 Lot 16. Less ELY 32.4 Ft. & WLY 14.75 Ft. & S 20 Ft.. Block 28, Town of Unton
G. 12-43-46-16-01-028-0162 ELY 32.4 Ft. of Lot 16. Less S 20 Ft., Block 28, Town of Unton
H. 12-43-46-17-06-029-0440 Lot 44, Block 29, Resubdividion of Block 29, Delray Beach
I. 12-43-46-17-06-029-0420 Lots 42 & 43, Block 29, Resubdivision of Block 29, Defray Beach
J 12-43-46-16-01-029-0051 S. 30.5 Ft. of Lot 5 & N. 19.5 Ft of Lot 6, Block 29, Town of Unton
K. 12-43-46-17-06-029-0410 Lot 41, Block 29, Resubdivision of Block 29, Delray Beach
L 12-43-46-17-06-029-0110 Lot 11 & N. 15 Ft. of Lot 12, Block 29. Resubdivision of Block 29. Delray Beach
M. 12-43-46-17-06-029-0121 S. 10Ft. of lot 12 and Lot 13, Block 29, Resubdivision of Block 29. Delray Beach
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Property Acquisition Map
Downtown Mixed-Use Redevelopment
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East Atlantic Avenue
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A 12-43-46-16-01-077-0010 Lots 1, 2,3,8 & 9, Block 77. Town of Linton
B. 12-43-46-16-01-077-0040 Lots 4 to 6 & Lots 7 & 13 (Less N. 16 Ft. Road RIW), Block 77, Town of Unton
C. 12-43-46-16-01-077-0140 Lol14 & N. 65.2 Ft of Lot 15, Block 77, Town of Unton
D. 12-43-46-16-01~085-0011 Lol1 (Less S. 79.3 Ft.), Block 85, Town of Unton
E. 12-43-45-16-01-085-0060 S. 79.3 Ft. of Lot 1, Block 85, Town of Union
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Property Acquisition Map
Block # 76 & 84 Redevelopment
NE 1 st Street
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E. Atlantic Avenue
A. 12-43-46-18-01-078-0030 Lois 3 to 5, inc.( Less W. 10 Fl Road R/Wl & Lot 6 (Less S. 40 Fl & W. 10 Ft. Road R/W)
Block 76, Town of Linton
B. 12-43-46-18-01-078-0061 S. 40 Ft. of Lot 6 (Less W. 10 Ft. Road R/Wl, Block 76, Town of Unton
C. 12-43-46-18-01-078-0100 Lot 10, Block 76, Town of Linton
D. 12-43-46-18-01-078-0111 W. 50 Ft. of Lot 11 (Less N. 9.4 Ft.) & W. 50 Ft. of Lot 12, Block 76, Town of Unton
E. 12- 43-46-18-01-078-0121 Lot 12 (Less W. 50 Ft.) & Lot 11 (Less W. 50 of S. 65.3 Ft.), Block 76, Town of Unton
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Property Acquisition Map
South County Courthouse Phase II
W. Atlantic Avenue
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SW 1 st Street
A. 12-43-46-16-01-053-0050 Lots 5, 7 & 8, Block 53. Town of Unton
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B. 12-43-46-16-01-053-0060 Lot 6, Block 53, Town of Unton
C. 12- 43-46-16-01-053-0090 Lot 9, Block 53. Town of Unton
D. 12-43-46-16-01-053-0100 Lot 10, Block 53, Town of Linton
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Block # 60 Redevelopment
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A 12- 43--46-16-01-060-0031 Lot 3, Less S. 12.65 Ft., Block 60, Town of Unton
D. 12-43-46-16-01-060-0032 S. 12.65 Ft. of Lot 3 & N. 49.4 Ft. of Lot 4, Block 60, Town of Unton
C. 12-43-46-16-01-060-0041 S. 25.3 Ft. of Lot 4 & N. 24.7 Fl. of Lot 5, Block 60, Town of Unton
D. 12-43-46-16-01-060-0051 S. 50 Ft. of Lot 5, Block 60, Town of Unton
E. 12-43--46-16-01-060-0060 Lot 6, Block 60, Town of Unton
F. 12-43-46-16-01-060-0091 Lot 9, Less S. 12.65 Ft., Block 50, Town of Unton
G. 12-43-46-16-01-060-0092 S. 12.65 Ft. of Lot 9 & N. 49.4 Ft. of Lot 10, Block 60. Town of Unton.
H. 12-43--46-16-01-060-0111 S. 50 Fl of Lol11 & Lo112. Block 60 Town of Unton
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Block # 61 Redevelopment
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B. 12-43-46-16-01-061-0020 lot 2 (Less N. 20 Ft.), Block 61, Town of Unton
C. 12- 43-46-16-01-061-0030 Lots 3 & 4 (Less N 20 Ft.), Block 61, Town of Linton
Property Acquisition Map
8th Street (Tenneco Site) Redevelopment
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Property Acquisition Map
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A West Atlantic Avenue Redevelopment Effort
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APPENDIX E
COMPLETED PROJECTS
6.5
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# 1.1: "Downtown Core Geographic Area of Exception"
Background
In November, 1990, the City of Delray Beach Planning Director made a presentation to the CRA .
on the 1990 Countywide Traffic Performance Standards Ordinance and its effect on the City. Under the
ordinance, the City may not issue development orders for a proposed project if it adds traffic to county or
state roadways, within its radius of influence, which causes total traffic to exceed the adopted Levels of
Service (LOS). The ordinance does; however, include provisions for "Geographic Areas of Exception
(GAE)", which allow the County to set new lower levels of service for roadways which will be impacted by
development within the GAE. This means that development within the GAE is then allowed to increase
traffic on area roadways beyond previously permitted levels.
The City of Delray Beach proposes to establish a Downtown Core GAE in order to foster the
continued development and redevelopment of the downtown area. In essence, the revitalization of the
downtown is dependant upon the City's ability to attract people to the area; to live, to work and to shop.
The establishment of the GAE will further the City's goals by allowing the increases in traffic which will
undoubtedly occur as a result. Without the GAE, only minimal development within the downtown would
be permitted. Due to its tremendous impact on overall redevelopment efforts, the CRA agreed to fund the
preparation of the GAE application as well as application tees.
The territory within the GAE includes the CBD zone district, west of the Intracoastal waterway, as
well as the Old School Square Historic Arts District, immediately to the west of the CBD. On March 27,
1991, the CRA hosted a workshop at the Old School Square Gym for the purpose of reaching a consensus
as to the CBD development scenario to be used in the GAE application. During the course of the day, the
group was presented with three development scenarios. The three scenarios, listed in order of increasing
overall intensity were referred to as 1) Laissez Faire, 2) Urban Village and 3) Urban Center. Based on a
series of presentations, evaluations and discussions, the group arrived at a consensus that the Urban
Center Scenario was realistic and generally desirable but should be modified in order to protect the "Village
by the Sea" character deemed essential to Delray Beach's preferred identity and quality of life. The final
proposed development scenario is a composite entitled "Village Center".
Project Objectives
0 Increase development potential and ultimately the tax base of the downtown core
0 Provide the opportunity to attract major development to the downtown which may otherwise not be
permitted due to traffic considerations.
0 Provide opportunity for economic stimulation and investment in the CBD.
0 Reestablishment of the downtown as an employment center
0 Determine the appropriate intensity of the Downtown Core
Project Description
0 Successful completion of the GAE Application in 1991
0 Approval of the GAE by the Board of County Commissioners in 1992 with amendments to the
County's Comprehensive Plan.
0 Amendment of the City's Comprehensive Plan to accommodate reduced levels of service on
specified roadway links.
Project Participants and Administration
0 The project will be jointly administered by the City of Delray Beach and the CRA.
0 Other participants may include, but are not limited to, Project Consultants, the County Commission,
DDA, Reviewing Agencies, and Workshop Participants
1
"
Funding Sources
0 The CRA will provide the funding to retain consultants and allocate staff time to prepare the GAE
application
0 The CRA will provide funding for application fees
Project Schedule
0 Completed in FY 1991/1992
# 2.8: "Bankers Row Project Implementation"
Background
Banker's Row, the 200 block of NE 1 st Avenue is a downtown residential block which includes
single family, rear guest cottages, and some home-occupation uses. The block is located within the Old
School Square Historic Arts District which includes most of the City's oldest homes. Banker's Row includes
16 of these historic (built before 1940) residences.
This project was born when, under the auspices of the Historic Preservation Board and the City's
Planning Department, application was made to the Florida Department of State, Division of Historical
Resources for a Preservation Grant. A $24,000 planning grant was awarded by the State with provisions
for the City to allocate a matching share toward planning of the project. The Project Plan has three
separate but related components. These are: a study and evaluation of the historic significance of the
Banker's Row block and an analysis of the architecture of its structures; the preparation of a streetscape
design plan, architectural design guidelines, and lot development guidelines; and the creation of a planning
program for the private property owners of Bankers Row. The Planning was culminated by the preparation
of a document entitled, "BANKERS ROW - A PROGRAM FOR RE-USE & RESTORATION"
Following publication of the Plan, the property owners formed a Homeowners' Association and
sought funding for the project, including street improvements and a parking lot from the City. The City was
unable to fund the project and subsequently the property owners requested the same from the CRA. In
1992, the CRA, City and Homeowners' Association adopted a interlocal Tri-partite Agreement in which
the Property Owners would fund $32,500 for the project, payable over 10 years; the City would fund a new
water main; and, the CRA would fund the construction of the parking lot and the balance of the street
improvements.
The CRA completed the Banker's Row parking lot in March, 1993 and the design for the street
improvements was completed in October. It is anticipated that the remaining improvements will be
completed in FY 1993/1994. The Property Owners will pay 25% of the cost of the roadway improvements,
up to a maximum of $32,500 through a property assessment district.
Project Objectives
0 Preserve the historic structures.
0 Revive the historic character of Banker's Row.
0 Improve and enhance economic conditions through some appropriate conversions of individual
properties to home occupations or nonresidential use.
0 Spin-off private redevelopment on adjacent blocks
Project Description
0 The City shall initiate the appropriate amendments to its Comprehensive Plan and Land
Development Regulations in order to accommodate the Program.
2
0 Formation of a Banker's Row Neighborhood Association by the Residents
0 Creation of a property assessment district by the City to collect moneys from the property owners
to reimburse the CRA
0 Project includes Streetscape and Parking Lot improvements including acquisition of parking lot site.
0 Individual property improvements will be made in accordance with Master Development Plan, at
the discretion and timing of the property owners; however, the improvements are required at the
time of changing from a single family or home occupation use to any other category of use.
Project Participants and Administration
0 The City of Delray is responsible for overall implementation of the Program.
0 The CRA shall, through an agreement with the property owners, take the lead and contribute funds
toward implementation of the streetscape/parking lot improvements in accordance with the Master
Plan.
0 In addition to paying a portion of the streetscape costs, including engineering, the property owners
shall be responsible for improvement of their individual properties.
0 The Historic Preservation Board shall review improvements or modifications which affect the
exterior of any structures.
Funding Sources
0 The CRA shall provide the funds for parking lot property acquisition and improvement costs
0 The CRA shall provide a portion of the funds for implementation of the streetscape improvements
0 The property owners, through a property assessment district, shall provide the remaining portion
of the streetscape improvement and engineering costs.
0 The property owners shall be solely responsible for any improvements made to their individual
properties.
0 Property owners may also qualify for participation in the CRA's Subsidized Loan Program, Business
Development Program or Historic Facade Easement Program.
0 The City of Delray Beach will provide funding for the design/construction of water supply lines
Project Schedule
0 Parking lot site was acquired in FY 1991/1992
0 Construction of parking lot in 1993 (Complete March 1993)
0 Formation of Property Owners Special Assessment District in 1993
0 Construction plans for street Improvements were completed in 1993
0 Completion of streetscape improvements in 1994.
# 2.10: "Municipal Tennis Center Rehabilitation"
Background
The CRA prepared a study in mid 1992 to determine the feasibility of rehabilitating the existing
Center with poSSible inclusion of a stadium court to host the Virginia Slims Tennis Tournament. As a part
of the Study, the CRA also held a 1-day Workshop to build a consensus within the community on if and
how the tennis center property should be redeveloped. This workshop was a great success with over 60
people attending. The consensus of the group was that the Tennis Center be retained at its present
location and be rehabilitated and expanded to include a stadium court and other facilities.
The results of CRA's study and workshop were presented to the City Commission and the City
made the decision to rehabilitate the Center. Recognizing that this project clearly achieves several major
CRA goals including the elimination of blighted conditions, and the creation of significant spin-off economic
benefits in the CRA area, the City requested that the CRA participate in the project's capital funding. The
3
.
CRA obliged with a $481,000 commitment which may be paid over a 15-year period.
In 1992, the City commenced construction of the first phase of the Tennis Center including the
3,000 seat stadium court. The upgraded Center includes adjacent residential property to the west and the
old fire station # 1 site. This increased land area gives the property a corner location on N.W. 1st Avenue
and West Atlantic, and provided the necessary space to add a new proshop, additional courts and the
stadium court. Additionally, the new design greatly improves the overall visual appearance of the center
with better linkages to Atlantic Avenue and increased landscaping.
In March of 1993, the Virginia Slims of Florida held their national women's tournament. With over
80,000 people attending the event over the two-week period of the tournament, this event set a record in
women's tennis.
Project Objectives
0 Upgrade of the existing Municipal Tennis Center
0 Add the necessary facilities to host the Virginia Slims Tennis Tournament and other events
0 Provide a positive influence on West Atlantic Avenue redevelopment
Project Description
0 The project elements includes facilities design, acquisition of additional property as needed and
construction of the project
Project Participants and Administration
0 The project is the responsibility of the City of Delray Beach
0 Other participants may include, but are not limited to, the CRA, Design Professionals and
Construction Contractors
Funding Sources
0 The City shall have primary responsibility for funding the improvements.
0 The CRA will provide $481,000 of the capital funding for construction of the project either as a
lump sum payment or a yearly contribution toward the project's debt service
Project Schedule
0 Phase 1 construction, including the pro-shop, stadium court and the majority of the tennis courts
was completed in March 1993.
0 Phase 2 construction, which included 4 additional courts and landscape improvements at the
intersection of N.W. 1st Avenue and Atlantic Avenue was completed in FY 1993/1994.
# 2.12: "Old School Square Cultural Center"
Background
Beginning in late 1985, a group of concerned citizens established a task force to save the old
schools, which the Palm Beach County School Board had planned to abandon. The 4 acre site of the
Delray Beach Elementary School, containing two school buildings, a 350 seat auditorium and a gymnasium
seemed to have potential, not only as an important historic preservation project, but also as an arts center
benefitting Delray Beach and the surrounding communities. The Historical Society established a committee
to establish the possibility of restoring all or a portion of the school complex and to locate a historical
museum within the school.
4
The committee, now Old School Square, Inc. reported its findings to the City Commission in 1987
and recommended the restoration of the facility and development of an art and cultural center. A
professional feasibility study was prepared and determined the project to be feasible. Hence, engineering
surveys of the existing buildings and building plans were prepared and the restoration project began in
1988.
The on-going restoration and development of the 6.6 million dollar center has become a source
of pride to Delray Beach residents. Serving as the centerpiece of the Atlantic Avenue Business Corridor
from Interstate 95 to A-1-A, the center which opened in 1990, now includes a museum, gift shop,
community meeting room and a visual arts center/gallery.
In order to complete the first phase of the 1926 building, which fronts on Swinton Avenue, Old
School Square requested a $435,000 loan from the City in 1992 to supplement a donation by a foundation.
The City agreed with the understanding that the CRA would guarantee the loan. In addition to this loan
guarantee, the CRA also agreed to make the debt service payments if requested by Old School Square.
In the fall of 1992, the first phase of renovations were completed on the 1926 building, which now hosts
theater productions, concerts, ballets and classes.
The loggia and bandstand of Old School Square, the last phase of the project, is planned for
outdoor exhibits, concerts, festivals, large parties, and "Sunday in the Park" type entertainment for the
enjoyment of the entire community.
Project Objectives
0 Establish a strong cultural identity in Delray Beach
0 Promote Arts and cultural activities as a means to foster increased economic development within
the city center
0 Provide a cornerstone for the revitalization and redevelopment of the Atlantic Avenue Business
corridor and the Pineapple Grove Neighborhood.
0 Create an attraction for both tourist and residents to the area.
Project Description
0 Restoration of 1913 school building as museum and visual arts center
0 Restoration of 1926 school building as a performing arts center and theater
0 Restoration of the gymnasium as a meeting hall
0 Addition of a loggia for outdoor exhibits, concerts, etc.
Project Participants and Administration
0 Administration and coordination of the project is by Old School Square, Inc.
0 Other participants in the project include, but are not limited to, the State of Florida, the City of
De/ray Beach, the CRA, Delray Beach Historical Society, Private Citizens and Foundations.
Funding Sources
0 The City of Defray Beach has contributed the bulk of the money toward this projects with over 4
million dollars invested.
0 The State of Florida, Division of Cultural Affairs has contributed funds toward the project.
0 Private donations have also been an important source of funding
0 The CRA will provide funding sources through loan guarantees, loans or grants for restoration of
the 1926 building as an important component of the center.
5
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Project Schedule
0 The Museum Building restoration was completed in 1990
0 The Gymnasium building restoration was completed in 1991,
0 Restoration of 1926 building was completed in 1993.
0 The schedule for the remaining components of the center are to be determined.
6
APPENDIX F
DOWNTOWN DELRAY BEACH
JOINT VENTURE
6.6
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D01flfT01fH DELRAY BEACH JOINT VENTURE
THIS AGREEMENT is made and entered into thi.s 13th day of
January, 1993, by and between the COMMlDlITY REDEVELOPMENT AGElfCY OF
THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," the
DBLRAY BEACH D01fHT01fH DEVELOPMENT AUTHORITY, hereinafter referred
to as the "DDA, II and the GREA!rBR DELRAY BEACH CHAMBBR OF COMMERCE,
hereinafter referred to as "CBAHBBR. "
WIT N E SSE T.H:
I WHEREAS , the CRA is a Community Redevelopment Agency created
pursuant to. Florida Statute Chapter 163 and has as its purpose the
.
redevelopment of portions of the City of Delray Beach located
within its geographically designated redevelopment area; and
WHEREAS , the DDA is a special taxing district created by
special act of the Legislature of the State of Florida and the DDA
is responsible for the economic development of the geographic area
defined pursuant to its Charter; and
WHEREAS, the CHAMBER has as one of its primary missions the
providing of support to the economic community within Delray Beach;
and
WHEREAS, the area within CBD Zoning District, OSSHAD Zoning
District and the General Commercial Zoning District and Community
Facility Zoning District running from 1-95 to NW and SW First
Avenues lie within the geographic areas which the parties hereto
conduct their respective activity within; and
WHEREAS, the parties hereto are desirous of joining forces to
develop and administer as a joint venture a Program for downtown
,
,
Delray. Beach a swmnary of which Program is attached hereto as
Exhibit "A. "
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained the parties hereby agree as follows:
1. The name of the Joint Venture shall be the Downtown
De1ray Beach Joint Venture (the Joint Venture).
2. Term. The term of this. Joint Venture shall be for
a period of one (1) year commencing .December 1, 1992 .and ending
November 30, 1993 unless extended in writing. by all parties hereto.
3. Board of Directors, Quorum, and Voting Reauirements.
. Each of the parties hereto shall appoint one delegate being (i) the
Chairman of the Atlantic Avenue Committee of the "Chamber" or in
his absence the Chairman of the Chamber, (ii)the Chairman of the
DDA orin his absence the Vice Chairman and (iii)the Chairman of
the CRA or in his absence the Vice Chairman, to serve on the Board
of Directors of the Joint Venture, which Board shall consist of
three (3) members. The Board of Directors shall have full
authority and control to administer the affairs of the Joint
Venture. A quorum for all meetings of the Joint Venture shall
require unanimous attendance of the Board of Directors and all
decisions with respect to the affairs of the Joint Venture shall be
by unanimous vote of the Board of Directors.
4. Staffing. The Joint Venture agrees that its day-to-
day affairs shall be administered by a staff person to be known as
the "Program Coordinator." For employment purposes, the Program
Coordinator shall be deemed an employee of the Joint Venture and
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.
the . Joint Venture will be responsible for all compensation,
insurance, taxes and reporting requirements relating to the
employment of the Program Coordinator, out of the Joint Venture
funds. The parties hereby agree that the Program Coordinator shall
be authorized to provide no more than twenty (20) hours of service
per month on DDA directed projects.
5. Caoital Contributions. The parties hereby agree to
contribute to the Joint Venture the foliowing sums in support of
the Joint Venture:
A. CRA - The CRA has committed in its 1992/1993
Budget Twenty-One Thousand Dollars ($21,000.00) for the Joint
Venture. The said sum is to be paid at the rate of Twelve Thousand
Five Hundred Dollars ($12,500.00) in the first quarter and the
balance thereof in the second quarter, less monies expended for Art
and Jazz on the Avenue event on October 22, 1992. The CRA's
Redevelopment Plan contemplates Fifty Thousand Dollars ($50,000.00)
being appropriated for the Joint Venture Program, however, the
CRA's 1992/1993 Budget could not accommodate those sums. The CRA
agrees to consider revising its budget to provide for additional
funding up to the Fifty Thousand Dollar ($50,000.00) level,
however, no commitment can be made at this time.
B. DDA - The DDA agrees to contribute to the Joint
Venture the sum of Twenty-Five Thousand Dollars ($25,000.00) such
sum to be paid in Five Thousand Dollar ($5,000.00) increments as
needed.
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C. The Chamber - The CHAMBER agrees to contribute
to the Joint Venture the sum of Ten Thousand Dollars ($10,000.00),
such sum to be paid in quarterly instal~ents of Two Thousand Five
Hundred Dollars ($2,500.00) each, and Thirteen Thousand Four
Hundred Dollars ($13,400.00) in-kind services to be provided as
needed.
6. Office Location. The Joint Venture shall maintain
its .office for the first year at.64 S.E. .5th Avenue, Delray Beach,
Florida.
.
7. Applicabilitv of Sunshine Law. The. parties hereto
. agree that the conduct of the affairs of the Joint Venture shall be
in accordance with Florida Statute Chapter 286.011 governing the
Sunshine Law and that the records of the Joint Venture shall be
deemed Public Records pursuant to Florida Statute Chapter 119 and
administered accordingly.
8. Disputes. In the event of any dispute arising among
the parties with respect to the interpretation or the respective
rights or obligations provided for by this Agreement, the same
shall be resolved by arbitration with such arbitration to be
conducted by the City Manager of the City of Delray Beach with any
ruling issued by such City Manager to be final and binding.
9. Authorization to Obtain Liabilitv Insurance. The
Joint Venture is hereby authorized, subject to budgeting funds
therefor, to acquire such liability insurance as its Board of
Directors deem appropriate for the protection of the Directors and
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the parties hereto. Such Liability Insurance shall expressly name
as additional insureds the parties hereto.
10. Law Governing Joint Venture. This Joint Venture
shall be governed by and construed in accordance with the laws of
the State of Florida.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF DELRAY BEACH
.
Secretary
DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY
By: ~.#~~ 4
C a~rman
Attested by:
~ ,<j ~.tJ-
Sggret:ary -- . (g
lr~ UA'..eA
GREATER DELRAY BEACH CHAMBER OF
COMMERCE
By:
Attested by:
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-5-
APPENDIX G
TENNIS CENTER AGREEMENT BETWEEN
THE CRA & THE CITY OF DELRA Y BEACH
6.7
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AMEXDMEln TO ~BE I~ AGRBEXIDIT BE~BlI TBE c~n OF
Dn.RAY BEACB 1UiD !!!BE DBLRAY BEACH CDMJmHITY REDBVELOPHEHT
AGENCY FOR THE PAnmH!J! OF HO!lIES BY TBE DELRAY BEACH
COMKUHITY REDEVELOPMENT AGEHCY IH CCHRECTIOH WITH THE
CmrSTRUCTIOlf OF THE CI'l!Y OF DEI.RAY BEACB )l(J5ICIP1U. TEHBIS
CEB'l'ER.
THIS AMENDMENT TO THE INTERLOCAL AGREEMENT, entered into this
;J<o+l- day of f~ '1 I 1995 (here~nafter referred
to the by and between the CITY OF DELRAY BEACH,
as .. Amendment" ) ,
FLOJUDA, and its auccessors and assigns, hereinafter referred to as
"Cityll I a municipal corporation existing under the laws of the
State of Florida, and the DELRAY BnCH COMMlJHITY REDEVELOPHEJr.r
AGElfCY , and its successors and assigns, hereinafter referred to as
the .. Aqenc:y II , a community redevelopment agency established pursuant
to Secti.on 163, Part II, of the Plorida Statutes.
WIT N E SSE T H:
WHEREAS , the City and the Agency have previously entered into
that certain Interlocal Agreement dated February 7, 1995 and such
Interlocal Agreement is being amended in its entirety to read as
follows:
WHEREAS , the City recently renovated the Delray Beach
Municipal Tennis Center which is located within the Community
Redevelopment Area; and
WHEREAS , ~ consideration for the City's decision to renovate
the Municipal Tennis Center, and to allow it to remain in the
Commun.ity Redevelopment Area, the Agency desires to contribute
1
"
h
. .
monies to assist the City in paying off its debt; and
~ the City and the Agency agree that the contribution
. WHEREAS ,
by the Agency to assist in the payment of the costs associated with
renovating the Municipal Tennis Center is in the best interest of
both the City and the Agency and is necessary to the continuation
of a Municipal Tennis Center wi thin the Community Redevelopment
Area; and
WHEREAS , the City and the Agency have entered into the
Contract for Sale and Purchase whereby the City is purchasing from
the Agency that certain historic home located at 20 North Swinton
Avenue, Delray Beach, Florida, such historic house known as the
..~
"Monterey House" such Contract for Sale and Purchase being
incorporated herein by reference (the "Contract") ; and
.WHEREAS , the said Contract provides that the Agency shall
accept as consideration for such purchase a set off of Two Hundred
Sixty Thousand Dollars ($260,000.00) against the first payments
which otherwise would have been due pursuant to this Interlocal
Amendment and the payment schedule set forth in Section 3 of this
Amendment reflects the credit to the Agency for the Two Hundred
Sixty Thousand Dollars ($260,000.00) purchase price owed by the
City to the Agency under the Contract for Sale and Purchase.
NOW, THEREFORE, pursuant to the respective powers granted to
the City and the Agency under Section 163.01, Florida Statutes, and
other applicable provisions of law, and in consideration of the sum
of One Dollar ($1.00) paid by each party to the other, the receipt
2
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,.
. . .
of which is hereby acknowledged, the mutual covenants and
agreements herein contained and other good and valuable
consideration, the City and the Agency agree as follows:
Section 1. Reoresentations of the Aaency. The Agency
is an agency established pursuant to the Florida Statutes with full
power and legal right to enter in to this Amendment and perform its
obligations hereunder. The Agency's actions in making and
performing this Amendment have been duly authorized by all
necessary official action and will not violate or conflict with any
applicable provision of the Constitution, or laws of the State of
Florida or with any ordinance, government rule or regulations, or
with any agreement, instrwnent or other document by which the
Agency or its funds or properties are bound.
Section 2. Reoresentation of the City. The City
represents that it is a municipal corporation existing under the
laws of the State of Florida, and with full power and authority to
enter into this Amendment.
Section 3: Payment. The Agency shall be credited
for the first $260,000.00 of semi-annual principal and interest
payments. Semi-annual payments 1-9 will be fully credited. The
10th semi-annual payment due December I, 1999 will be credited, in
partl in the amount of $121281.43 and the Agency will pay
$12,486.96 on December 11 1999. The Agency will commence full
payments of $24/768.39 on June 1, 2000 and a like sum semi-annually
thereafter through June 1, 2008. Said payment schedule reflects
3
..
..
. . .
the amortization of Four Hundred Eighty-One Thousand Dollars
($481,000.00) at 5.72% interest over an approx~ate fourteen (14)
year period (see Exhibit "A") .
Section 4. Payment of Fees and EXDenses. If the
Agency shall default under any of the provisions of this Amendment
and the City shall employ attorneys or incur other expenses for the
collection of the payments. or for the enforcement of performance or
observance of any obligation or agreement on- the 'party of the
Agency contained in this Amendment, the Agency will on demand
therefor pay the reasonable fees and expenses of the City and its
attorneys (collectively referred to as "Additional Obligations").
.....:':
Section 5. Recordation. Prior to the effectiveness
thereof and pursuant to the requirements of Section 163.01(11) of
the Florida Statutes, this Amendment shall be filed with the Clerk
of the Circuit Court of the Fifteenth judicial Circuit in and for
Palm Beach County, Florida.
Section 6. Effect of Waiver. In the event any
agreement contained in this Amendment shall be breached and such
breach shall thereafter be waived, such waiver shall be l~ited to
the particular breach so waived and shall not be deemed to waive
any other breach hereunder .
Section 7. Multiple Counterparts. This Amendment may
be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute one and
the same document.
4
".---'- --_._----
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. . - ..-" -.-
,
. . .
Section 8. Severability of Invalid Provisions. If
any clause, provision or section of this Amendment be held illegal
or invalid by any court, the invalidity of such clause, provision
or section shall not affect any of the remaining clauses,
provisions or sections hereof, and this Amendment shall be
construed and enforced as if such illegal or invalid clause,
provision or section had not been contained herein.
Section 9. Reoealina Clause. All resolutions and
agreements of the City and the Agency in conflict or inconsistent
herewith are hereby rep~aled insofar as any conflict or any
inconsistency exists.
WHEREFORE , the parties hereto have set their hands and seals
on the date set forth next to their signatures.
(
1>_TTEST: ; } ::~ ~ =IDA
(
/O~d:~Ji/ 1Io/iv-
-Ci ty, C;lerk i r
". ",', . T oma Lynch, Mayor
,
. V/;)-s /'1 ~
(' I
r. " Date:
Approved as to form and
Le al Sufficiency:
C~ty Attorney
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2 11/01/9S IJ,170.DO 11,"&.39 2f,7U.J9 01,101;&1
3 06/01/96 11.519.11 12,131.69 . 14,7&1.39 415,161.92 0,536..79. ,
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. S 06/01/97 11,119.64 . 12,'U.7S 14,161.39 400.315.46 49,536.79
, 12/01/97 11,4'9.31 ' J3,3U.~J j4,',61.39 317,006.37
1 06/01/91 11.061.38. 13,700.01 14,768.39 313,306.36 49,336.19 ~
I 11/01/9. '10,676.56 14.091.&3 14,76&.39 359,214.53.
9 06/01/99 10;173.54 14,(94;16 24,161.39 344,719.67 49,536,79
10 J2/0JH9 ",'58.93 U;909.U ~l o16J,lt. 321,110.2'
11 05/01/00 " U1.57 1S,33S.U 1.761.3' 314,474.44 49,536.79 oJ:'
12 12/01/00 &,993.91 15,714.41 4,761.39 191,100.02
13 06/01/01 &,541.12 16,225.57 24,168 .J9 112,414.44 49,536..19
14 11/01/01 ',078.77 16,,689.61 14,761.39 265,114.82
15 06101/02 ',601.45 . 11,166.95 14,16&.39 24&,611.81 49,536.19 .}
16 11/01/02 7,110.47 11,657.92 24.761.39 230,m.9S
, 17 0'/01103 6,60S.45 18,162.94 24,768.39 112,797.01 49,536.19
11 12/01/03 6,oaS.'9 . JI~6a1.40 Z( ,761.39 194,114.61 ,
n 06/01/04 5,551.61 " U,216.12 24,161.39 IH,I91.!O ",536.19
20 12/01/04' S,001.0a 19,766 .31 14,761.3' lS5,13t.S9
11 06/01/OS 4,U6.76 20,331.63 24,161.3" 134,199.96 0,536.19
21 12/01/05 3,155.2' 10,913.11 14,761.39 113,1".14
13 06101106 3,157.16 11,511.23 24,761.39 92,375.61 49,536.79 .
14 12/01/06 2,641.94 22.126 ~ 45 24,768.39 10,149.16 .
15 06/01107 1,009.13 22,759.21 14,1U.3! 47,mJO ",536.19
16 J1/01/07 1,358.21 23,410.1& ' 24,168.39 H,m.1!
,27 0'/01l0! US.U 1(,,079.71 24,761.39 0.00 0,536.19
----..--.........----...........-...... ...--------
411,50.63 411,000.00 693,549.'3 693,549.63
.. -------------------------------------.- ------...-.
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;
DRAFT
WORK PROGRAM
FISCAL YEAR 1996
COMMUNITY REDEVELOPMENT AGENCY
CITY OF DELRAY BEACH, FLORIDA
July 27, 1995
.
WORK PROGRAM
1996
I. INTRODUCTION
The Community Redevelopment Agency of Delray Beach, Florida was created in 1985
by the City of Delray Beach. Its first operating year commenced in 1986. The Agency
is a dependent taxing district, and its principal source of revenue is from contributions
made by the City of Delray Beach and Palm Beach County to the CRA trust fund. The
contributions are derived from real estate taxes collected by the City and County. The
CRA's portion is the incremental difference (increase) between the 1985 base year
assessed value of the district and the current year's. In 1987 the Agency collected
$105,000 in revenue compared to 1995 of $712,000.
~---- -- ----
.-"'--'" ---
The district's boundaries generally run from the Atlantic Ocean to Interstate 95, from SW' ""
10th Street to the northern boundary of Delray Beach. The residential areas east of the ~
Intracoastal are excluded as well as the northern neighborhoods of Lake Ida and others.
The district contains 1,915 acres and is approximately 55% residential, 39% commercial,
and 6% industrial and public lands. The population of the district estimated in 1990 by J
the U.S. Census amounted to 13,902 residents of which 66% are African-American and /
Caribbean-American, 31 % white, and 2% Hispanic-American and native American. /
//
..-/,/
The programs of the Agency include housing, economic development, and re eve opment.
The Agency serves as the lead agency for downtown parking and for preparing
redevelopment plans for commercial districts. The life span of the Agency is for 30 years
or until the slum and blight is eliminated and the redevelopment catalyst is no longer
required.
.
.,
WORK PROGRAM
1996
I. PROJECTS
A. Old School Square. The CRA has funded approximately three and one-half
years of the debt service for the Old School Square loan from the City for the
Crest Theatre. The annual amount has been $43,743, and the total amount
expended through FY 1995 has been $149,836. However, the CRA, commencing
in FY 1996, will not continue funding.
B. Municipal Tennis Center. The CRA signed an interlocal agreement with the
City for the payment of $481,000, amortized over a 15-year period, for the
Municipal Tennis Center. In 1995 the City purchased one of the CRA's historic
houses for $260,000, and payment of the acquisition will be through the tennis
center debt service.
C. Downtown Joint Venture. A venture with the Chamber of Commerce and the
Downtown Development Authority for the marketing of downtown, including
events and numerous other programs. The DN operates Art & Jazz on the
Avenue, Summer Nights on the Avenue, Heritage Month (jointly with Old School
Square and other organizations), Book Fest, Halloween Parade, Christmas on the
Avenue (including the 50' tree), downtown map, shopper's guide, and a monthly
calendar. The organization also lends support to the Roots Festival, Peach
Umbrella Festival, and the July 4th festivities. The Venture initiated the
application of Pineapple Grove Main Street. In 1995 the CRA contributed
$50,000 to the DN.
D. Pineapple Grove Main Street. The organization was formed in October of 1994
as an approved Main Street by the State of Florida. The non-profit will receive
$10,000 from the CRA, $5,000 from the DDA, and $30,000 from the City in FY
1996. The City has requested that the CRA repay any monies the City allocates
to Main Street. The focus will be the revitalization of the NE 2nd Avenue
commercial district.
E. CRA Subsidized Loan Program. A highly successful micro-loan program will
budget $100,000 for interest subsidy which should produce over $1,000,000 in
loans. The program subsidizes 50% of commerciallbusiness loan interest charges
and 100% of the residential loans. In the past four years since the program was
initiated, the CRA program has lent over $3,500,000. In 1996 the CRA hopes to
expand community lending through the creation of a Community Development
Loan Fund. The CDLF would be a non-profit lender assisted by the CRA, City,
County, and the Consortium. It is anticipated that part of the budget would be
used for the community lending program when it is created.
.
-2-
F. Community Activities. A small, $10,000, program for Peach Umbrella, Roots,
TED Center, and other non-profit organizations to assist their programs.
G. Peach Umbrella Parking. The acquisition of land on SW 4th Avenue and the
construction of one 23-space lot. A second parking lot will be considered,
depending upon availability of funds, at NW 5th Avenue. The West Atlantic
Avenue commercial revitalization program is dependent upon adequate parking.
H. Peach Umbrella Plaza. The acquisition of additional property on West Atlantic
Avenue for resale for new retail and other uses. The purchase is dependent upon
assurance that the property can be resold to a developer or owner/user. The CRA,
as a result of its issuance of an "RFP" for the sale of its vacant land, may sell a
parcel to a prospective restaurant.
I. Downtown Anchor and Parking. A budget for studying the parking and
economic impact in the downtown in order to attract a major tenant for the area.
J. Affordable Housing. The acquisition of vacant, single-family lots for resale to
home buyers; the funding of small second mortgage grants to home buyers; the
expenditure of County grant monies as part of their Housing Trust Fund
competitive program. The program, called "Delray Renaissance," is a partnership
with the City of Delray Beach, the TED Center, the Community Financing
Consortium, Inc. (a consortium of 15 lending institutions in Palm Beach County),
and the Housing Authority. It has been identified as one of the most successful
local programs in the State. In 1994 over 35 homes were closed to low and
moderate income home buyers, and 3 homes have been closed to date in 1995
with 22 pending.
K. Downtown Mixed Use. Block 85 between the FEC Railway and SE 2nd Avenue
was acquired in 1994 and will be sold in 1995. The expected result will be five
new retailers on the Avenue and approximately 50 new parking spaces for the
downtown. Additional acquisition of the remaining parcels may be acquired in
Blocks 85 and 77.
L. Block 76 (pierce Tire Block). The acquisition of the Pierce Tire property in
1995 and construction of a parking lot in 1996. The parking provides space for
Old School Square and Pineapple Grove redevelopment, particularly the Ocean
City Lumber redevelopment project.
M. Convenience Store and TED Center. Renovation of the exterior of the complex
and to the interior of 132 West Atlantic Avenue and the leasing of the space to
the TED Center.
.
-3-
N. Predevelopment Planning. North Federal Highway planning process will begin
in 1996 in partnership with the Planning Department. A second project may be
instituted called Osceola Park Redevelopment Plan. A third project, Del Ida NE
3rd Avenue Street Beautification commenced in 1995.
o. West Atlantic Avenue Redevelopment Plan. Funding for a project manager to
commence the implementation phase of the Redevelopment Plan. The Plan, in
partnership with the Planning Department, was completed in 1995. A second part
of the Plan will be completed by the end of the year, emphasizing marketing and
economic feasibility.
P. Block 60 Parking. The CRA acquired two parcels between City Hall and Old
School Square. In 1995 the CRA constructed a 49-space parking lot which serves
the tennis center, Old School Square, and other businesses on the block, including
the historic houses. In addition, the CRA will sell 12 parking spaces for $72,000
to the City in FY 1996. The apartments on the block will either be moved or
demolished, and the CRA will fill, compact, and create a grass covered parking
lot. The north/south alley will be improved as a pedestrian walkway.
Q. Historic Homes. The two commercial office building conversions from historic
residential structures will be completed in 1995. One will serve as the new office
of the CRA. The State of Florida funded the CRA $242,800 for partial
renovations in 1994 and another grant of $13,050 in 1995. The CRA will close
on the sale of the Monterey to the City in late FY 1995.
R. Parking Management Team (PMT). The CRA provides, along with the City
Planning Department, staff support for the City Board. The PMT has been
charged with the responsibility of analyzing the "beach area" of the CBD to
identify a parking garage site. The PMT also will be interfacing with the City and
CRA on the TCEA application since the State of Florida will require that a
Transportation Management Association be formed to monitor traffic and
transportation issues within the TCEA (downtown) boundaries. It has been
proposed that the PMT take on the role of being the monitoring group for the
TCEA.
n. Land Development Regulations
A. Fences. The CRA will request that the City Planning Department review the land
development code regarding fences, particularly the use of chain link fences in the
historic districts and the Central Business District.
B. Housing Densities. The CRA will request that the City Planning Department
review the land development code regarding urban housing densities, particularly
in the Central Business District.
.
'.
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C. Transportation Concurrency Exception Area (" TCEA "). The CRA is assisting
the City in preparing a TCEA for the downtown and work will continue through
1996.
D. Impact Fee Study. As a result of the work expected to be completed by the
TCEA study, the CRA will ask the County exempt traffic fees from the TCEA
study area.
ITI. Interlocal Agreements
A. South County Courthouse. The CRA will review the current agreement and
propose a new amendment for the City and County to consider.
IV. Grants
A. The CRA will assist its partners in the Delray Renaissance Housing Program in
applying for a State HOME grant.
B. The CRA is under negotiations with Palm Beach County for a "Development
Regions" grant. The County program would make available matching monies for
economic development. If the CRA receives such a grant, it would apply to the
West Atlantic redevelopment area and to Pineapple Grove Main Street.
C. The CRA will apply to the U.S. Department of Commerce for an Economic
Development Administration ("EDA")-grant for economic development. However,
if Congress abolishes the Agency, no grant would be possible.
.
CD Community
Redevelopment
-a Agency
Delray Beach
DRAFT
DELRA Y BEACH
CO~UNITY REDEVELOPMENT AGENCY
ONE YEAR BUDGET
FISCAL YEAR' 1995/1996
REVISED JULY 25, 1995
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407) 276-8558
.
DElRAY BEACH COMMUNITY REDEVElOPt.AENT AGENCY
FISCAL YEAR BUDGET: 1001195- 00130'96
FUND BAlANCES
OTHER
1995/96 TIFS GRANTS. ETC TAX EX TAXABlE
SOURCE OF FUNDS
TalC Increment Ft61ds
City <476,276 476,276
County 297,195 297,195
Sales of P1xchased Properties: Prqecls
Peach Umbrella Plaza I 40,000 40,000
Downtown Mixed Use 100,000 100,000
. Block 76: Par1cing - City Bonds 0 0
Block 76 . Redevelopment 0
South CountyCour1house 0
Block 60: Par1cing 12.000 72,000
Affordable Housing 25,000 25,000
Reimlxnements: Prqecls
Bankers Row 3,210 3,210
. Subsidized Loans: Grants 50,000 50,000
Affordable Housing: GranlslReimburse 11,625 11,625
Downtown Anchor 0
Peach Umbrella I Facade Loan 0
Peach Umbrella Par1cing 0
Block 60: Historic Homes 71,487 21,916 49,571
Proceeds from Borrowing 300,000 300,000
TE Proceeds from Bond BorrowingTax-Exempt 0 0
TA Proceeds from Bond Borrowing Taxable 0 0
Property Revenue, Net 51,902 51.902
Interest Eamed 67.633 67.633
Olher Interest 0
Other Income (WAUanUc, etc.) 0 0
T '. SOURCE OF FUNDS 1,566.328 173.472 528,076 124.781 140,000
APPliCATION OF FUNDS
Debt SeNice
City of Delray Beach 36.095 36,095
Bond Borrowing 310,388 310,388
Short-term Bank Borrowing 0
Operating Reserve 100,000 100,000
Issuance Costs of Borrowing 0
Subtotal Debt Service 446.483 410,388 0 0 36,095
Fund: Prqecl Expenses (- = Contingencies. C = Commitments)
TA C Old School Square 0 0
TE C Bankers Row 0 0
TE C Municipal Tennis Center 49,537 49,537
TE Downtown Core: Bridge Tender 0
TE C Downtown Core: Park/Alley/General 0 0
TE Downtown Core: Dntn Jt Venture 50,000 50,000
TE Downtown Core: Riverwalk 0
TE Pineapple Grove Main Street: 10,000 10,000
TEA Historic Facade Program 0
TA C . C RA Subsidized Loan Program 100,000 50,000 50,000
TEA C Site Development Assistance 0 0
OP Community Activities SponsorshipfLE.D. 10,050 10,050
TA . Peach Umbrella Plaza I: Redevel 5,000 5,000
TE Peach Umbrella Plaza I: Par1cing 139,000 139,000
TA Downtown Anchor w/ Par1cing 10,000 10,000
.
D8.RAY BEACH COMMUNITY REDEVROPIIAENT AGENCY
FISCAL YEAR BUDGET: 10/01/95- 09130196
OTHER
1995/98 TIFS GRANTS. ETC TAX EX TAXABLE
Project Expenses. conI.
TA Affordable Housing 148.375 55,875 36,625 55,875
TA Downtown Mixed Use: A&D 397,910 300.000 97,910
TE . Block 76 Parking 275.000 0 275,000
TA Block 76: Redevelopment 0 0
TE S.County Courlhouse: Expansion 0 0
TE S.County Courthouse: Properly Renov 35,000 35.000
TA Predevelopmenl Planning 10.000 10,000
TA W AUantic Avenue Redevelopment 55.000 55,000
TE Master Parking Program 0
Delray Beach Trolley 0
TA Business Development Program 0
TE Block 60: Parking 235,500 235,500
T8GRA Block 60: Historic Homes 40,000 21.916 18,084
TA . Block 61: A&D 0
TA Salaries: Project-related 9.915 9.915
0 Project Blues. Plans. etc. 1.000 1.000
Subtotal Project Expenses 1.581,287 66.925 408.541 812.121 293,700
General & Mninistrative
Salaries 215,950 215.950
Benefits - Pension. Olher 9.514 9,514
Conferences, Seminars 1.000 1.000
Dues, Fees & Subscriptions 1.500 1.500
Entertainment & Travel 4,000 4.000
Insurance: Heallh 8.885 8.885
Insurance: Olher 10,000 10,000
Maintenance & Repairs. Security 1.500 1.500
Miscellaneous 500 500
Office Equipment, Fumiture 2.500 2.500
Office Expenses 10,007 10,007
Professional Fees: Audit. Accounting 9.800 9.800
Professional Fees: Bookkeeping 0 0
Professional Fees: Legal 10.000 10.000
Professional Fees. Legislative 0 0
Professional Fees: Grants 15,000 15.000
Professional Fees: OlherlConsulting 7.500 7.500
Public Relations 5,000 5,000
Renl: OfficelCAM Charges (Houses) 4.395 4.395
Renl: Equipment 5,000 5.000
Taxes: Payroll. Olher 17.276 17.276
Telephone & Utilities 10,010 10,010
Subtotal General & Administrative Exp. 349,337 349,337 0 0 0
TOTAL APPliCATION OF FUNDS 2.377,107 826.650 408.541 812,121 329,795
SUBTOTAL FUND SOURCES IN EXCESS OF APPlICATIONS (810,779) (53,178) 119,535 (687.340) (189,795)
+I-Cash Balance, Beginning of Year 1,229,689 111.370 (0) 887.726 230,593
+1- Transfer Property and Interest NCs to TIF budget 119,535 (119535)
418.910 177,727 (0) 200,386 40,798
Less bond-related 1 committed funds' (241,184)
TOTAL NET OPERATING FUNDS $177.727
Interest@ 5.5% SBA 23,040
.
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-a Agency
Delray Beach
DRAFT
DELRA Y BEACH
COMMUNITY REDEVELOPMENT AGENCY
FIVE YEAR BUDGET
FISCAL YEARS 1995/1996 THROUGH 1999/2000
REVISED JULY 25, 1995
24 N. Swinton Avenue, Oelray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558
.
Lo......RAY BEAa-I COMMUNnY REDEVELOPMENT N3EHCY PIgll 1
FIVE-YEAR BUDGET PRO.ECTIONS: FY 85188 - FY 88100 10/1195- 10/1196- 10/1/97- 10/1198- 10/1199-
REVIseD 01126196 ESTlMATEC 9/30196 9130197 9130198 9130199 9/30/00 CUMUl.
NOTES 94195 BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL
~ OF FlNlS
Tax Increment Funds 1
City 434.259 476.276 519.160 562.927 607.595 653.184 3.253.401
County 270.976 297.195 323.954 351.265 379.138 407.5SS 2.030.113
Sales of Purd1ased land: Projects
. Pead! Umbrella Plaza I: Redevelopment 18 0 40.000 408.500 0 0 0 448.500
Downta.Yn Mixed Use 21 330,000 100,000 0 0 0 0 430.000
. Block 76: paoong - City Bonds 22 433,689 0 0 0 0 0 433.689
. Block 76: Redevelopment 22 0 0 0 0 0 0 0
S. County Courthouse 0 0 200,000 0 0 200.000 400.000
Block 60: Paoong 28 0 72.000 0 42.000 42.000 42,000 198,000
Affordable Housing 20 40.000 25.000 25,000 25.000 25.000 25,000 165.000
Reimbursements: Projects
Bankers Row 7 3.422 3.210 3.210 3.210 3,210 3.210 19,471
. Subsidized loans: Grants 15 0 50.000 50.000 50.000 50.000 50.000 250.000
Affordable Housing: Grants. Other 20 57.614 11.625 37.206 37.817 38.457 39.130 221.849
Downta.Yn Anchor 19 0 0 0 0 0 0 0
Pead! Umbrella I: Redevelopment- Facade loan 18 0 0 0 0 0 0 0
Pead! Umbrella I: paoong 18 0 0 25.000 25.000 0 0 50.000
Block 60: Historic HomesIPaoong 28 73.196 71.487 209.537 49.537 49.537 12.281 465.575
. Proceeds from Borrowing: City of Delray Bead! 0 300.000 0 0 0 0 300.000
TE Proceeds from Borrowing: Tax-Exempt 2 1.325.000 0 0 0 0 0 1.325,000
TA Proceeds from Borrowing: Taxable 225.000 0 0 0 0 0 225.000
Property Revenue. Net Sd!. A 38,947 51.902 39,185 38.076 37.834 37.451 243.395
Interest Earned 3 66.479 67.633 23,040 30.506 27.112 17.661 232.430
Other Income 4 10 0 0 0 0 0 10
TOTAL SOURCE OF FUNDS 8.288.582 1.588.328 1.883.182 1.215,336 1 .258.883 1.481.502 10.881.~
APPlICATION OF F1.N)S HISTORICAL
Debt Service TO 94/95
. City of Delray Beach 5 1,676.304 36.095 72.190 72,190 72,190 72.190 4.110,169
Bond Borrowing 2 403.446 310.388 329.678 347.540 383.975 353.983 2.109.008
Short-term Bank Borrowing 2 0 0 0 0 0 0 0
Other Borrowing 0 0 0 0 0 0 0
Operating Reserve 150.000 100.000 50.000 50.000 50,000 50.000 450.000
Issuance Costs of Borrowing 2 64.013 0 0 0 0 0 64.013
Subtotal Debt Service 2.293,763 446.483 451.868 469.730 486.165 476.173 6.733.191
prqect Expenses C* = Contingencies. C = Commitments)
TA C Old School Square 6 150.210 0 0 0 0 0 150.210
TE C Bankers Row 7 365.609 0 0 0 0 0 365.609
TE C Municipal Tennis Center 8 90,430 49,537 49,537 49,537 49,537 49 .537 338,115
TE Downtown Core IlllJfove.: Bridge Tender 9 40.192 0 0 0 0 0 0
TE ParkJAlley 10 138.821 0 0 0 0 0 138.821
TE Dntn.JtVenture 11 168.423 50.000 50.000 50.000 50,000 50.000 418,423
TE RivelWalk 12 2.604 0 0 0 0 0 2.604
TE Pineapple Grove Way Revitilization: Main Street 13 23,597 10.000 10,000 10.000 10.000 10.000 73,597
TE Historic Facade Program 14 25.240 0 0 0 0 0 25.240
TNG . CRA Subsidized loan Program 15 596.666 100,000 100.000 100,000 100,000 100,000 1.096,666
TEA Site DevelOplOOnt Assistance 16 39.119 0 0 0 0 0 39,119
Cormunity Activities SponsorshipIT.E.D. 17 35,694 10.050 10.050 10.050 10.050 10.050 85,944
. Peach Umbrella Plaza I: RedevellF acade 18 179,531 5.000 408.500 0 0 0 593,031
TE Peach Umbrella Plaza I: paoong 18 55.304 139.000 125.500 0 0 0 319.804
TEA Downtown Anchor wI paoong 19 41.181 10.000 0 0 0 0 51.181
.
DELAAY BE1Dt cotJIoUIrTY REDEVELOPtJENT AGEHC'f PIge 2
~ ~-YEAR BUDGET PRO.ECTIONS 10/1/95- 10/1/96- 10/1/97- 10/1/98- 10/1/99-
..eo 07128.l1la HISTORIC 9130/96 9130/97 9130/98 9/30/99 9130/00 CUMUl.
NOTES TO 94/9 BUDGET BUDGET BUDGET BUDGET BUDGET TOTAl
P~ect Expenses. continu6d
Oper/Gr Affordable Housing 20 415,189 148.375 151,544 154.831 158,242 161,885 1.190,066
TA Downtown Mixed Use: Redevelopment 21 469.101 397.910 0 0 0 0 867.011
TE . Block 76 : Parking 22 495.741 275,000 0 50,000 0 0 820,741
TA Block 76: Redevelopment 22 117.169 0 0 0 0 0 117 ,169
TE SOUth County Courthouse: Expansion 23 693.387 0 0 0 0 500,000 1,193.387
TE SOUth County Courthouse: Prop Reoovation 23 10.495 35.000 0 0 0 0 45,495
TE Predevelopment Planning 24 16.185 10.000 10,000 10.000 10.000 10.000 66,185
TA West Atlantic Avenue Redevelopment Plan 25 85,368 55.000 0 0 0 0 140.368
TE Master Parking Program 26 10,398 0 0 0 0 0 10,398
Delray Beach Trolley System 3,667 0 0 0 0 0 3.667
TA Business Development Program 27 155 0 0 0 0 0 155
TE Block 60 Parking 28 909,425 235 ,500 0 0 170,000 0 1.314,925
TE/Gr Block 60 Historic Homes 28 554,532 40,000 0 0 0 0 594.532
0
TAITE Salaries: Project-related 9.915 10.212 10.519 10,834 11,159 11,494
Project legal Fees 0 0 0 0 0 0
Project Blues & Plans 1.000 1,000 1.000 1,000 1.000 1,000
Subtotal Project Expenses 1.581.287 926,343 445.937 569.664 903.631 10.074.957
General & Admnistrative
Salaries 186.500 215.950 226,7 47 238,085 249.989 262,489 1,379.760
Benefits: Pension, Other 7,950 9.514 10,865 11,408 11,979 12,577 64,293
COnferences. Seminars 250 1,000 1.000 1.000 1,000 1.000 5,250
Dues, Fees & Subscriptions 750 1.500 1,500 1,500 1.500 1.500 8.250
Entertainment & Travel 3,500 4.000 4.000 4.000 4.000 4,000 23.500
Insurance: Health 7,404 8,885 8.885 8,885 8.885 8,885 51,830
Other 11.000 10,000 10.000 10.000 10,000 10.000 61,000
Maintenance & Repairs, Security 3,000 1.500 1.500 1,500 1.500 1.500 10,500
Miscellaneoos 30 3,000 500 3.000 500 500 500 8.000
Office Equipment. Furniture 2.329 2;500 1,000 1,000 1,000 1.000 8,829
Office Expenses 31 9,622 10,007 10,407 10,823 11,256 11.707 63,822
Office HouselParking CAM 31 2,475 4.395 2.197 2.197 2.000 2.000 15.264
Prof Fees: Audit. Acoounting 9.800 9,800 10,192 10,600 11.024 11,465 62,880
Bookkeeping 26,000 0 0 0 0 0 26,000
Legal 10,000 10.000 10.000 10,000 10,000 10,000 60,000
Legislative 32 22.000 0 0 0 0 0 22,000
Grants 10.000 15,000 7,500 7,500 7,500 7,500 55,000
Other/Consulting 1.500 7.500 5.000 5.000 5,000 5.000 29,000
Public Reletions 33 2.500 5,000 2.500 2,500 2.500 2,500 17 ,500
Rent: Office 4.180 0 0 0 0 0 4,180
Rent Equipment 5,000 5,000 5.000 5,000 5.000 5.000 30,000
Taxes: Payroll 14,920 17.276 18.140 19,047 19,999 20,999 110,381
Telephone & Utilities 9.625 10,010 10,410 10.827 11,260 11,710 63.842
Subtotal General & Administrative 353 ,305 349 ,337 349,844 361.372 375.892 391,332 2.181,083
TOTAl. APPlICATION OF FUNDS 8,473,253 2.371.107 1.728,068 1.271.039 1.431,721 1.711.138 18,_,231
SlBTOTAL FUND SOURCES IN EXCESS OF APPLICTIONS (S10.r79j 135.738 (61.703) (~7'.,S30) (20S.B3~;
+/- Cash Balance, Beginning of Year 34 1,229,689 1,229,689 418.910 554,647 492,944 321.106
T"'"AL. OPERATING PlUS BOND FUNDS 418,910 554,647 492.944 321,106 37.472
Less bond-related / rornmitted funds (1,118.319 (241.184) (256.822) (163.30&, (116.1(17) 0
TOTAL NET OPERATftIG FUNDS 111.970 1",727 297,825 nU98 204.111111 97.472 97,472
'.
.
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY P 83
.. . ~NETT BANK Borrowing ACTUAL DRAWS:
TAX-EXEMPT:
TAX-EXEMPT pt Dated/Closed: 05/14193 $2,000,000 02122/95 $800,000
TAXABLE pt DatedIClosed: 06102193 $50,000 12/15194 525,000
Interest Reserve Required: $0 02/01194 975,000
1992/93 2,000,000 $4300000
TAXABLE:
03/17195 $225,000
11110193 525,000
1992/93 50,000 $800 000
TAXABLE TAX-EX
Payment Principle Principle Net
Date 5.710% 3.930% Interest Total Annually Debt Svc Balance
9/1/93 24,067 24,067 24,067 24,067
3/1194 51,102 51,102
9/1194 66,310 66,310 117,412 141,479
3/1195 79,632 79,632
9/1/95 75,000 107,335 182,335 261,967 403,446 5,025,000
3/1/96 105,194 105,194
9/1/96 100,000 105,194 205,194 310,388 713,833 4,925,000
3/1/97 102,339 102,339
9/1/97 125,000 102,339 227,339 329,678 1,043,511 4,800,000
311/98 98,770 98,770
9/1/98 150,000 98,770 248,770 347,540 1,391,051 4,650,000
3/1/99 94,488 94,488
9/1/99 175,000 94,488 269,488 363,975 1,755,026 4,475,000
3/1/00 89,491 89,491
9/1/00 175,000 89,491 264,491 353,983 2,109,008 4,300,000
3/1/01 84,495 84,495
911/01 205,000 84,495 289,495 373,990 2,482,998 4.095,000
3/1/02 80,467 80,467
9/1/02 225,000 80,467 305,467 385,934 2,868,932 3,870,000
311/03 76,046 76,046
9/1/03 250,000 76,046 326,046 402,091 3,271,023 3,620,000
3/1104 71,133 71,133
9/1/04 270,000 71,133 341,133 412,266 3,683,289 3,350,000
3/1/05 65,828 65,828
9/1105 295,000 65,828 360,828 426,655 4,109,944 3,055,000
311106 60,031 60,031
9/1/06 305,000 60,031 365,031 425,062 4,535,005 2,750,000
3/1107 54,038 54,038
911107 345,000 54,038 399,038 453,075 4,988,080 2,405,000
3/1/08 47,258 47,258
911/08 355,000 47,258 402,258 449,517 5,437,597 2,050,000
3/1/09 40,283 40,283
9/1109 370,000 40,283 410,283 450,565 5,888,162 1,680,000
3/1/10 33,012 33,012
9/111 0 385,000 33,012 418,012 451,024 6,339,186 1,295,000
3/1/11 25,447 25,447
911/11 400,000 25,447 425,447 450,894 6,790,079 895,000
3/1/12 17,587 17,587
911/12 440,000 17,587 457,587 475,174 7,265,253 455,000
3/1113 8,941 8,941
911/13 455,000 8,941 463,941 472,882 7,738,134 0
---...
800,000 4,300,000 2,638,134 7,738,134 7,738,134
-------------------------------------------------------------------------
- -----------------------------------------------------------------------.
.
ut:LRAY BEACH COMMUNITY REDEVElOPMENT AGENCY Page-4
NOTES TO BUDGET 1Of1f9-4- 1Of1195- 1Of1196- 1Of1f97- 1 Of1f98- 1Of1199-
REVISED 07 f25$ 9130f95 9I3Of96 9130197 9f3Of98 9f3Of99 9f3OfOO
FOOTNOTES ~ BUD1ZEl BUD1ZEl BUOOEI BUOOEI BllDGEJ:
1. Tal< Increment Funds are based on the following preliminary figures
and discounted 5%:
Tal<able Value - Final Valuation 312,072,101 318,500.786 325,061,902 331,758,178 338,592,396 345,567,399
Base Year (245631 067l 1245631 067l 1245631 067l (2456310671 (2456310671 (245631 067l
Tal< Increment 66,441,034 72,869,719 79,430,835 86,127,111 92,961,329 99,936,332
@95% 63,118,982 69,226,233 75,459,294 81,820,755 88,313,263 94,939,516
Millage rates for the taxing entities are:
City 0.68800% TIFs: 434,259 476,276 519,160 562,927 607,595 653,184
County 042931% TIFs 270,976 297,195 323,954 351,265 379,138 407,585
Note Tal< Roll Valuations for last9 years; INCREASES 2% per year (taking out highllow years).
Valuation is based on current land area of C RA.
YEAR VAlUATION INCREASE AVG.lNCR. AVE. HIIlO
1994 312,072,101 0.8392%
1993 309,475,026 -0.8122% -0.7353%
1992 312,009,293 2.6995% 08392%
1991 303,808,099 2.3848% 2.2048%
1990 296.731,668 2.2048% 2.2979%
1989 290,330,431 111057% 2.3848%
1988 261,310.202 -0.7353% 2.6995%
1987 263,245,810 2.2979% 4.7639%
1986 257,332,681 4.7639% 275% 2.06%
BASE YEAR 1985 245.631,067
2 C RA sold T al<-Exempt and Taxable bonds 10 Bame" Bank during fiscal year ending 09~0J93 (lotal $4 .3M Tax-Exempt; and $800,000 Taxable.) Draws were $2 .OM T al<-Exempt on
5/14/93 and $50,000 Tal<able on 06101193. Remaining funds drawn during fiscal years 1994 and 1995.
Jebt service includes 3.93% rate on Tal<-Ex. and 5.71% Taxable, payable semi-annually.
3. Interest Earned is from:
TIF Trust Account
SBA Investment Account
Subsidized Loans Account
SBA Tal<-Exempt and Taxable Projects Funds.
Property Escrow Account
4. Other Income is from Main Street merchants advertisements; contributions to Main Street events; architectural competition fees; etc.
5. Debt to City of Delray Beach paid upon receipt of bond issue funds May 1993. Anticipate loan 95/96 of $300,000 for Downtown Mixed Use.
6. Old School Square: CRA paid Old School Square's debt service to the City of Delray Beach@ $10,936 per quarter. Tolalloan principle was $435,000, borrowed@ 6.10%
for 15.33years. Last loan payment to be paid by CRA on 7/01/95.
7. Bankers Row included capilal improvements funded by bond issue for a municipal parking lot and for NE 1stAvenue improvements The residents will reimburse the CRA
for a portion oflhese costs over a 1 O-year period through a property assessment district.
8 Municipal Tennis Center: C RA agreed to pay the City of Delray Beach $481,000 payable over 14 years at apprOXimately $50,000 per year, starting in 1994/95. The rate IS 6.01%
The payments are equal to payment made by the city for the purchase of the Monterey House. (Total purchase $260,000).
9. Downtown Core Improvement. Bridge Tenders House is part of the downtown revitalization, and a continuation of Veterans Park renovation by the City
10. Downtown Core Improvement Parking & Alleys is several downtown municipal parking lots. including Block 109, Block 92 and the library.
11 Downtown Core Improvement Downtown Joint Venture proVides for funds Jointly with the Chamber of Commerce and the D DA to operate a centralized marketing program for
downtown.
12 Riverwalk mcludes the planning for improvement of the public right-of-way from the Atiantic Avenue Bridge to the City Marina. The City would fund capital improvements.
13. Pineapple Grove Way Revitalization "Main Street
Jowntown Core Improvement Historic Facade IS the purchase of hlsloric facades (1st year: arl deco Flamingo Gas Stabon)
15. eRA SubSidized Loan Program provides for reSidential extenor Improvement and busmesslexlerior intenor Improvement loans
.
Nv rES TO BUDGET Page 5
FOOTNOTES
16. Site Developmenl Assistance included an $8,000 loan (92/93) to the owner of the Flamingo Gas Station for the Stale of Florida pollution monitoring and filtration system;
loan repaid in 93/94. Other Site Development Assistance included an $8,000 loan (92/93) to Leo Blair for construction of an 8-space parking lot
on land behind Arcade Tap Room; grant of$7,485 for alley improvements on Bloel< 92 (92/93); and grant to Greater Mt. Olive Baptist (92/93).
17. Community Activities Sponsorship includes TED. Center and other non.profits.
18. Peach Umbrella Plaza I consists of2 activities: 1 for municipal parking and 1 for redevelopment. The redevelopment activity includes land acquisition for resale to private developers
19. Downtown Anchor with Parking is a planning project fo develop a proposal in Bloel<s 108, 116 & 124 for a major retail mixed use center.
20. Affordable Housing: direct subsidies to home buyers for new housing and purchase of property for resale to homebuyers.
21. Downtown Mixed Use project includes land acquisition and resale of land in 94/95 and 95/96.
22. Btoele 76 includes land acquisition and parking lot construction.
23. South County Courthouse Expansion is the purchase of property for the County. Property Renovation includes interior and exterior renovation of the Convenience Store Center,
24. Predevelopment Planning includes the following areas: North Federal Highway Redevelopment (proposals for beautification, land use changes, etc.); Del Ida Redevelopment
(beautification ofNE. 3rd Avenue and NE 8th Street); and Oceola Park Neighborhood (a historical survey to determine feasibility of establishing an historic district), and
a market study of downtown area.
25. West Atlantic Redevelopment Plan includes a series of workshops sponsored by the City, CRA, Delray Merchants Association and community groups: the writing
of a redevelopment plan; and the hiring of full time project manager.
26. Master Parking Program includes a study of downtown parking, completed in 92/93.
27 Business Development is an incentive program to encourage retailers to locale in the CRA disticl.
..>Ioel< 60 is the acquisition 011 and and the construction of a parking lot to serve new office, retail, Old School Square, the City Community Center and City Tennis Center.
Two lols will be used for historic home sites.
29. Salaries include Executive Director: ($88,675); Redevelopment Planner ($46,000); Administrative Assistant ($30,100): Controller ($40,000): parl-time employees ($11,175).
30. Miscellaneous Expense includes 94/95 moving expenses.
31. Office Expense includes Advertising; Bank Fees; Office Supplies: Postage: Printing: and Temporary Services. Office HouseJParking CAM is common area charges
(water/sewer: utilities; maintenance) for historic houses and Bloel< 60 parking lot.
32. The CRA contributed 25% of the cost of a state legislative representative with the City through 94/95.
33. Public Relations includes press releases, press kits and newletters.
Estimate
9130/94 9/30195
34. Cash Balances include: ----- ---
Operating NC 0 1,500
SBA Investment NC 0 70,923
Property NC 0 38,947
Tenants' Escrow NC 0 0
Subs.Loan NC 0 0
Trust Fund 549 0
Special Projects NC 119,190 0
Operating Reserve 105,000 0
SBA Tax-ExemptNC 0 886,226
Bamett Tax-Exempt NC 380,410 1,500
SBA TaxableNC 0 229,093
Bamett Taxable NC 1Q.1.QlI tiQQ
706,226 1 .229,689
.
.,
IlELRAY BEADI ~rTY REDEVELOPt.t:NT NM:HCtf PIgllI
NOTES TO BlDGET
1ct11_ 1ct11116- 1W1M- 1ct11117- 1ct11.. 1ct11..
lI3OII5 WSOIII If3OII7 ltI>>1I8 II3Q/II8 1l3OlOO
SDEDU..E A- PROPERTY ACCOUNT ESTIW.TE IIIXE[ II.IXI:I BWGEI BWGEI IUlGET
REVENUES
Pay Phone ReirTtlursement 3.008 2.000 2.000 2.000 2,000 2.000
Property Rental 1 59.025 73.543 64.083 82.378 64.352 88.409
CAM. Reinilursement (KwikStop. TED. Cenler) 2 7.783 10.970 12.340 12,711 13.092 13.485
Property Tax ReirTtlursement 3 4.938 5.086 5.239 5.396 5.558 5.724
Sales Tax ReirTtlursement 4 3.048 3.811 3.282 3.118 3.188 3.262
Interesl 155 158 181 164 168 171
TOTAl.. REVENlI:S 77 .958 95.568 87.085 85.765 88.358 91.052
PROPERTY EXPENSES 5
AdverUsing 1.969 500 250 250 250 250
Bad Debts. EvidiOll Expenses 400 1.000 1.000 1.000 1.000 1.000
CAM. (Kwik stop. T.E.D.) 10 1.soo 2.500 3.000 3,000 3.000 3.000
Insurance 2.500 5.000 5.500 8.050 8.655 7.321
legQIFees 2.000 2.500 5.000 2.500 2.500 2.500
Maintenal1C9. RllplIirs & Trash 6 8.048 7,500 7.875 8.289 8.882 9.118
Manegement Fees (3% d Roots Collected) 2.152 2.888 2.450 2.415 2.490 2,589
Miscellaneous 9 0 200 200 200 200 200
Property Il\1lfOVements 1 ,585 2.000 2.000 2.000 2.000 2.000
Taxes: Property 7 10.879 11.967 13.184 14.480 15.928 17.521
Sales 7 3.048 3.811 3.262 3.116 3.188 3.262
UtIlities 8 ~ !.l!OO utm MID tl:U !.ll62
TOTAl.. EXPENSES 39.126 43.666 47.901 47.689 50.524 53.600
SUBTOTAl REVENUES IN EXCESS OF EXPENSES 38.832 51.902 39.185 38.076 37.834 37.451
+/- other (lale Fees) lli D. D. D. D. D.
TOTAl.. REVEMJES .. EXCESS OF EXPENSES 38.947 51.902 39.185 38.076 37 .834 37.451
.
'.
EBMY lEACH ~ITY REDEVELOAENT NJBIC'( PIp 7
NOTES TO BUlGET
ROEDlI.E A - PROPERlY ACCOl.WT REVEMES 1W1JM- 1lr11J15. 1011_ 10l1Il7- 1011.- 101111t-
par tI3OII5 lI3OII8 W3OI87 lI3OII8 ItSOII8 1l3OlOO
FOOTNOTES rrmtI1 ESTIMTE II.I:IGE[ SWGEI fI.IJGEI IIIJGEI SWGEI
,. Property R9ntal is from th9 foI~ng. lid induding Sales Tax:
(a) 8-unit Apt.s @$350 (thru 10/31/02) (8V9. 1 vllcent) 1,750 21,000 21,000 22.050 23.152 24.310 25.528
Less: Credits for meintenance. add, vacancy (5.000)
(b) DislXlllnt AulD Parts (3.440 sf) 6.28 !SF 1.800 21.800 22.680 3,600 0 0 0
(c) Kwik Stop lease (2.344 sf) 7.78 !SF 1.520 17 .925 18.463 19.017 19.587 20 .175 20.780
(d) T.ED. Center (1.267 sf) 5.68 ISF 600 0 5.400 7.416 7.638 7.868 8.104
(e) Artist Cooperative/NE 1st Ave. 3.83 !SF 500 3.500 6.000 12.000 12.000 12.000 12.000
- - - - - -
TOTAL ANNUAL RENTAL INCOME 59.025 73.543 64.083 62,378 64.352 66.409
Ina::me from Love Apartments is found on Page 23. Block 60 Par1dng Revenue.
2. CAM
Kwik Stop lease (2.344 sf) 3.30 /SF 845 7,783 7.937 8.175 8.420 a.673 a.933
TED. Center (1.267 sf) 3.19/SF 337 0 3.033 4.165 4.290 4.419 4.552
- - - - - -
TOTAL ANNUAL CAM INCOME 7.783 10.970 12.340 12.711 13.092 13,485
3. Property Tax Relrmursement Is from the following:
Dlsoount Auto Parts 4.938 5.096 5,239 5.396 5.558 5.724
KwikStop: induded in CAM. 0 0 0 0 0 0
TED. Center: Included in CAM. 0 0 0 0 0 0
- - - - - -
TOTAL ANNUAL PROPERTY TAX REIMBURSEMENT 4.938 5.086 5.239 5.396 5.558 5.724
4. Sales Tax Reirrbursement is from the foI~ng:
Disoount Auto Parts 1.296 1.361 216 0 0 0
Kwik Stop 1.542 1.584 1.632 1.680 1.731 1,783
TED. Center 0 506 695 716 737 759
NE 1st Avenu9 210 360 720 720 720 720
- - - - - -
TOTAL ANNUAL SALES TAX REIMBURSEMENT 3.048 3,811 3.262 3.116 3.188 3.262
5. Property Expenses: fOr properties ownec:J by the CRA. Indudlng Olsoount Auto Parts. KwIkStop and T .E.D. Center. residential apartments. and vacant 1OOl.
KWIkStop and ~er tenant. resldenUaI epertments. and vacant Ids.
6. Maintenance. Repairs and Trash: it is expeded that the /XlI1TI1Elrcial properties will be landscaped. painted and partially repaired.
7. Property and Sales Tax: state sales tax is required to be roIleded and repaid on all /XlI1TI1Elrcial rent revenues. Property tax is required on all properties (special assessment~
on Und9V9!oped properties). Discount Auto r9pays Property tax; ~9r /XlI1TI1Elrcial tenants pay CAM. which indudes a charge for property tax.
a. Utilities: water and sewer for residential apartments: eledridty for outdoor lights at residential and /XlI1TI1Elraal properties; irrigation for elTlJtY 1OOl.
9. M'lScallllll9OUS exp9ns& is from Bank F&9S and P&nalli&s.
10. CAM includes: property management fee. maintenance & supplies. property insurance. property taxes, replacement reserve. contract labor. site eledrical and water if 8ppIies
CAM is applied to KwikStop and T.ED. Center.
.
PRO.ECT COSTS OlD 8QiOOL 8QUARE -l'lEATER PIge 8
0............ Colla
BUDGET PROJECT
1IEM AMOUNT TO DATE ~ ~ .1.!mMl .1!l.&.8lii ~
A. Theater
1. Loen: 5 years toIel 150.210 150.210 0 0 0 0 0
$150.210 $150.210 $0 $0 $0 $0 $0
.
PRO.ECT COSTS BAN<ERS ROW - PARKIG. smEET M'ROVBENTS PAGE .
Deuwh..-.Mt
BUDGET PROJECT
ITEM AMOUNT TO DATE .1illm mfWI .1iiM!B mm ~
A. PartIing ld - land 34.052 34.052
B. P8I1<lng lot - Construdion (29 speoes)
1. Engineertng & SUlV~ 35,752 35.152
2. Grading, Drainage & Peving 21.969 21.969
3. Decorative P~ & cum! 10.500 10.500
4. landscaping 15,181 15.181
5. IlTigetion 4.550 4,550
6. light Fixtures. Electrical Service 19.241 19.241
7. street Furniture 1,925 1.925
8. Water Meter 1.841 1.841
9. Signage 1.024 1.024
10. Other 1.575 1.515
$147.610 $141.610 $0 $0 $0 $0 $0
Cost per perking spece: $5,090 $5.090 $0 $0 $0 $0 $0
C. street ~ments
1. Engineering. SUrveying 13.163 13.763
2. Roadway (NE 1st Ave.) & Property Damage 173.666 173.666
3. Decorative Paving and Sidewalks 0
4. lITigation 1,964 1.964
5. landscaping 12.313 12.313
6. street lights 14.067 14,067
7. Histone Signage 865 86S
8. Drainage 0
9. Water Main 0
10. Miscellaneous 1.362 1,362
$217.999 $217 .999 $0 $0 $0 $0 $0
TOTAl COSTS $365.609 $365.609 $0 $0 $0 $0 $0
D. Reifmursements
1. City cI Defray Beam 31.853 37.853
2. Residents 22.423 6.374 3,210 3.210 3.210 3.210 3.210
TOTAl REIMBURSEMENTS $60.216 $44,221 $3.210 $3.210 $3,210 $3.210 $3,210
NET COST (305.333) (321.382) 3.210 3.210 3.210 3,210 3.210
'.
PRO.ECT COSTS MUNlCPAL ~1S CENTER PAGE 10
DevIl...,.'
BUDGET PROJECT
ITEM AMOUNT TO DATE ~ m6lil llimB ~ mDlllO
A. P18l1Oing Costs 18.0439 18,0439
B. Capital: Payments 10 City d Defray Beach 321.677 73,992 49 ,537 49.537 49,537 49.537 49.537
TOT AI. COSTS $338.115 $90.430 $49,537 $49.537 $49.537 $49.537 $49,537
NOTE: TOOlI capilalarmunt is $481.000. straight-line al1lJltiZation aI5.72% over 14 years. peicI sem-annually in equal installments. Payment is equal to City payment to ~
for M:lnlerey purchase.
.
PRO.ECT COSTS DCMtITO'1M\I MJROVEIENT8: DOWNTOWN JONT VEN1lR: & PN:APPlE GROVE PAGE 11
BUDGET PROJECT
JIE.M AMOUNT TO DATE .1iiSM ~ mIlii mBM 1m.l22
A. IJcJM1lown Joint Venture
1. Prondion 350.138 100.138 50.000 50.000 50.000 50.000 50.000
2. Atlantic Avenue Lights 7.485 7.485
3. Other 60.800 60.800
$418.423 $168.423 $50.000 $50.000 $50 .000 $50 .000 $50 .000
B. Pineapple GlUl/e Way ReYitilization I Main street
1. PI"()(Tdioo 31.479 11.479 10.000 10.000 0 0 0
2. Paybad( to City 30.000 10.000 10,000 10.000
3. other 12.118 12.118
$73.597 $23.597 $10.000 $10.000 $10.000 $10.000 $10.000
.
PRO.ECT COSTS CRA~LCWtPROGRAM PAGE 1:
BUDGET PROJECT
II.EM AMOUNT TO OATF ~ 1UBliI 1ill11B8 1&iBM .1IlBDJill
A. Interest Subsidy 1.096.666 596.666 100.000 100.000 100.000 100,000 100.000
$1.096.686 $596,888 $100.000 $100,000 $100,000 $100.000 $100.000
'.
PRO.ECT COSTS COMMNTY ACTMTES PAGE 13
SpDmIlIp
BUDGET PROJECT
1IEM AMOUNT TO DATF .1&B5lll6 .1lliillBI .1ll&1.lllB .1iDBlBD .1&llDlWl
A. Comnlnily AdiYilies
1. Boys & Girls Club 2.000 750
2. Defray Beach Charmer - Counsel of 100 ".100 1600
3. DelrBy Merdl8nts - Annual Banquet 2.670 1170
4. Peach lIrmrena Plaza Association 13,500 6.000
5. RoOOl FesllVal 8.000 3.000
6. Veterans Park 602 602
$30.872 $13.122 $3.550 $3.550 $3.550 $3.550 $3,550
8. TED. Center $55.072 $22.572 $6.500 $6.500 $6,500 $6,500 $6 ,500
.
PRO.ECT COSTS PEACH lNR3.1.A PlAZA 1- REDEVELOPtoENT PAGE 14
0..41:.,.. ...rt Colla
BUDGET PROJECT
JIEM AMOUNT TO DATE ~ .1ii6m ~ mlWi mw2Q
A. LQIld Acquisition
1. Georgia T~ Tavern property 35.000 35.000
2. Taxi stand Property 27.011 27.011
. 3. Arrington Building 50.000 50.000
. 4. Ayesh Building 123 ,500 123.500
. 5. landmar1t Property 150.000 150.000
. 6. Short Property 85.000 85.000
7. Appraisal. Survey. Planning. legal 7.000 2.000 5.000
$477.511 $64.011 $5.000 $408.500 $0 $0 $0
B. other Soft COsts
1. Ardlilectural Fees 32.526 32.526
2. Environmental Audits 35.026 35.026
$67.552 $67.552 $0 $0 $0 $0 $0
C. Facade E9Sements QIld loims
1. landmer1t Building (losn) 0
2. Short Building (loen) 0
3. Wideman Building (Facade) 47.968 47.968
$47.968 $47.968 $0 $0 $0 $0 $0
TOTAL COSTS $593.031 $179.531 $5.000 $408.500 $0 $0 $0
D. Revenues
1. Facade loan/other Repayment
a. Landmer1t Building 0
b. Short Building 0
c. Wideman Building 2.529 2.529
$2.529 $2.529 $0 $0 $0 $0 $0
2. land Sales
a. Georgia Town & Taxi stand Properties 40.000 40.000
. b. A/TingIoI1 Building 50.000 50.000
. c. Ayesh Property 123.500 123.500
. d. Landmer1t Building 150,000 150.000
. e. Short Building 85,000 85.000
$448 .500 $0 $40.000 $408.500 $0 $0 $0
TOTAL REVENUES $451.029 $2.529 $40.000 $408.500 $0 $0 $0
TOTAL REVENUES IN EXCESS OF EXPENSES ($142.002) ($177.002) $35.000 $0 $0 $0 $0
.
"
PRO.ECT COSTS PEACH UMBREl..LA PlAZA 1- PAROIG PAGE 15
Da 11 "'...... QlIIa
BUDGET PROJECT
JlEM AMOUNT TO DATE .19D5Lll6 .1DBlW.l 1BD.ZLBB .1iB.8lii 1IlaD1an
A. Land AlXIuisition
1. Arlington Pr0p9rty 20,000 20.000
2. AII8nlic Pr0p9rty 9,089 9.089
3. Davis Property (NW 5th ParKing) 15.000 15,000
4. Robinson Property 35.000 35.000
5. Rolle Property (SW 4th Par1dng) 11,000 11,000
6. Appraisal. Survey, Plannirg. EnvirAudit 18,413 11,913 1,500 5.000
SubtaalLand $108,502 $41.002 $1.500 $60.000 $0 $0 $0
B. ParKirg LeA. Development
1. SW. 4th Avenue ParKirg (23 spaces)
a. Ergineering 4.000 4.000
b. Grading & Drainage 12.000 12,000
c. Paving & Curbing 20,000 20,000
d. Deoorative Paving 2.500 2.500
e. Landscapirg 12.000 12.000
f. Lighting 12,000 12.000
$62.500 $0 $62.500 $0 $0 $0 $0
2. SW 5th Avenue Parking (23 spaces) OR NW 5th Avenue (20 spaces)
a. Engineering 4,000 4,000
b. Dem:Jlition 3.000 3,000
c. Grading & Drainage 12,000 12.000
d. Paving & Curbing 20.000 20,000
e. DeooraUVe Paving 2.500 2.500
f. Landscaping 12.000 12,000
g. Lighting 12.000 12,000
$73.802 $8.302 $0 $65,500 $0 $0 $0
3. NW 5th Avenue ParKing (15 spaces; Davis only)
a. Ergineerirg 3.000 3.000
b. Dem:Jlition 1.000 1.000
c. Grading & Drainage 7.000 7.000
d. Paving & Curbing 15.000 15.000
e. Deoorative Paving 2.000 2.000
f. landscapirg 7,000 7,000
g. lighting 7.000 7.000
$42.000 $0 $42.000 $0 $0 $0 $0
4. West Atlantic Avenue If1lXOVements
a. Professional Fees 2,000 2,000
b. street lights (14) 21.000 21.000
c. Landscaping. Paving. Sidewalk 10,000 10,000
$33,000 $0 $33,000 $0 $0 $0 $0
Sublolal Lols $211.302 $8.302 $137,500 $65.500 $0 $0 $0
TOTAL. COSTS $319.804 $55.304 $139 000 $125500 $0 $0 SO
C. R9V9OU9S
1. ParKirg lot Contributions
II. Checkers 50,000 50,000
b. Other Pllrking lot Contributions 50,000 25.000 25,000 0 0
TOT AL. REVENUES $100.000 $50,000 $0 $25.000 $25,000 $0 $0
TOTAL. REVENUES IN EXCESS OF EXPENSES ($219,804) ($5,304) ($139,000) ($100,500) $25,000 $0 $0
.
PRO.ECT COSTS OOYMTOWNANCHORWlTHP~ PAGE ;t
BUDGET PROJECT
.lIEM AMOUNT TO DATE .1iiSli6 m.6lil .1iD.lLiS. .1ill8lDi :lU91OJ;
A. M1sceUaneous PI9nnl~: M9I1t9flPaI1Q~ Study 51.181 41.181 10.000 0 0 0 0
.$51.181 $41.181 $10,000 $0 $0 $0 $0
.
PRQ.ECT COSTS AFFORDABlE HOUIIIG PAGE 17
8eocnd tGIgIge PIqJwn &
l.MId IIld O"A:.,...... Colla
JIEM BUDGET PROJECT
EXPENSES' AMOUNT TO DATE ~ m6liZ .1.QlUlDB .1iilWl! ~
A. Seoond MorIg8ge Program
1. Seoond MOOgages . CRA 399.300 149.300 50.000 50,000 50.000 50,000 50,000
2. Seoond Mottgages. HTF 12.000 12.000 0 0 0 0 0
Subf(UJ 2nd Mlg $411.300 $161,300 $50,000 $50,000 $50.000 $50.000 $50,000
B. Property Aatu1slllOO
1. Lots 113.699 48,699 25,000 25.000 25.000 25.000 25.000
2. Houses 33.118 33.118 0 0 0 0 0
3. Cost d aatuisition 3.147 3.147
Subtaal AlXIUisition $209.964 $84.964 $25.000 $25.000 $25.000 $25,000 $25.000
C. Related Fees
1. AdrTinistralor 190.411 52.311 26,000 26.800 27,600 28.400 29.300
2. Investigation Fees (25 lots per Year)
a. Appraisal [@$275 94f95] 52.714 14,725 6.875 7.219 7,580 7,959 8.357
b. Title Search (@$175 94195] 37,875 13,700 4,375 4.594 4,823 5.065 5.318
c. SOil Borings [@$2oo 94f95] 41.828 14.200 5,000 5.250 5.513 5,788 8,078
d. Legal [@$6oo94/95] 101,336 18,452 15.000 15,750 16,538 17,364 18.233
e. Surveys [@ $225 94/95] 46.497 15,415 5,625 5.906 6.202 6,512 6.837
f. other (General Adrrinistration) 41.421 16,556 4,500 4.725 4,961 5.208 5,470
[SublOOillnVestlgateI $321,671 $93,048 $41.375 $43,444 $45,616 $47.897 $50,292
3. Archited Fees 23.570 $18.044 1,000 1.050 1.103 1.158 1,216
4. Property Oeanup 12.726 $1.675 2,000 2.100 2.205 2.315 2,431
5. other (Property Taxes) 20,424 $3.847 3,000 3.150 3,307 3.473 3.647
Subtaal AdITIn Fees $568,802 $168,925 $73.375 $76,544 $79.831 $83,242 $86,885
TOTAL EXPENSES $1.190.066 $415189 $148.375 $151.544 $154,831 $158.242 $161 885
REVENUES'
D. Revenue, Property Sales
1. lots 173.439 48,439 25,000 25.000 25.000 25.000 25,000
2. Houses 14,000 14,000 0 0 0 0 0
Subfo(aI Sales $187.439 $62,439 $25.000 $25.000 $25.000 $25,000 $25.000
E. Revenue. Grants
1. HTF - 11'J1llld. Fees 12,000 12,000 0 0 0 0 0
2. HTF - Lots 21,000 21.000 0 0 0 0 0
3. HTF - Houses 20,377 20,377 0 0 0 0 0
4. other 100.000 0 0 25.000 25,000 25.000 25,000
SublDlal Grants $153,377 $53.377 $0 $25,000 $25.000 $25.000 $25.000
F. Revenue, Fees Reirrbursement
1. Investigalioo Fees 68,797 10,087 10.625 11,156 11,714 12,300 12,915
2. Archited 6.026 500 1.000 1.050 1.103 1.158 1.216
3. Property Cleanup 0 0 0 0 0 0 0
4. Other 0 0 0 0 0 0 0
SublDlal Reirrburse $74,822 $10.587 $11.625 $12.206 $12.811 $13.457 $14,130
TOTAL REVENUES $415,638 $126,403 $36.625 $62,206 $62,817 $63,457 $64,130
TOTAL REVENUES IN EXCESS OF EXPENSES (774,428) (288.787) (111,750) (89,338) (92.014) (94,785) (97,754
.
PROJECT COSTS DOWNTOWN MIXED USE - REDEVElOPMENT PAGE 18
Land AcqIjsilion & S8Ies
BUDGET PROJECT
II.EM 6MQ1lliI :rm ~ 1mlID: ~ ~ .122lllllQ
A. Land Acquisiton
1. Blook77,lols 1-3,8& 9 300,000 300,000
2. Block H,lols 14 & 15 67,900 0 67,900
3. City Properly 10 10
4. Dill Property (Block 85) 90,600 90,600
5. Independent life Property (2 parcelS - Block 85) 278.850 278,850
. 8. Shoaf Building (Block 85) 0
. 7. VFW Building (Block 85) 0
8. Appraisal, Survey, Planning,legal 109,651 99,651 10,000
SUbtotal Acquisition $847,011 $469,101 $377 ,910 $0 $0 $0 $0
B. Redevelopment Costs $20,000 $0 $20,000
C. loan Repayments (Note 1) $324,857 $36,095 $72,190 $72,190 $72,190 $72,190
TOTAl COSTS $1,191,668 $469,101 $434,005 $72,190 $72,190 $72,190 $72,190
D. Rewnue
1. l and Sales
a. Block 77 Proper1les 0
0. Dill Property 100,000 100,000
c. fndependentllfe Property 330,000 330,000
. d. Shoaf BuiJdlng 0 0
. e. VFWBuilding 0 0
SUbIoIal Sales $430,000 $830,000 $100,000 $0 $0 $0 $0
2. City loan 300,000
SUblolalloan $300,000 $800,000
TOTAl REVENUES $730,000 $330,000 $400,000 $0 $0 $0 $0
TOTAl REVENUES IN EXCESS OF EXPENSES ($461,008) ($139,101) ($34 ,005) ($72,190) ($72,190) ($72,190) ($72,190)
. F'tsohs5e1Expense is contingent on guaranteed stile.
NOTE 1: Assumes loan rom City 01 $300,000 lor 5 years at 6.0% interest rale on 01101/96; semi-annutll principle end interest paymenls at Jeru!lly 1 end June 1.
.
PRO.ECT 00ST8 BlOCK 78 - PARKIG PAGE. 18
I.8nlf ~... 881M
BUDGET PROJECT
.IIEM AMOUNT TO DATE ~ ~ mmB .1WlWi .1iiilQD
EXPENSES
A. land A(Xfuisitlon
1. Pier08 Property, lea 3 - 4. partial lot 5 (A 1) 120,000 120,000
2. Pier08 Building, lot 5 & partial Lot 6 (A2) 0 0
3. Pier08 Building. lot 10 (C) 150.000 150.000
4. Pler08 Tire Building. partlelleu 11 & 12 (E) 150,000 150.000
5. RTC.leu 8 & 9 45 ,311 45 .311
6. Craige Furniture Building. partial lots 11 & 12 (D) 0 0
7. Appraisal. Survey, Planning 30.430 30,430
Sublctalland $495,741 $495,741 $0 $0 $0 $0 $0
B. paoong lot Development
1. 94 spaces @$2500 per space 235.000 235.000
2. Derrolition 40.000 40.000
3. 20 spllOlls @$2500perspgc& 50.000 50,000
Subtotal Developmen $325,000 $0 $275,000 $0 $50,000 $0 $0
TOTAl COSTS $820.741 $495.741 $275.000 $0 $50,000 $0 $0
C. Revenues
CIty cI Delray BeaCh contributIOn
1. Decade cI Excenence" Bonds $479.000 $479,000 $0 $0 $0 $0 $0
PRO.ECT COSTS BlOCK 78 - REDEVELOPlENT'
1.8nlf~'" SII8I
BUDGET PROJECT
.IIEM AMOUNT TO DATE ~ .1ii6l&.Z .1.&W&ll mBM m&lWl
A. Land Aoquisitlon
1. Van HiRe Building. partial Lot 6 (5,000 sf) 0
2. Pierce BuildIng, lot 5 & partial lot 6 (A2) 115,000 115,000 0
3. Appraisal, Survey. Planning 2,169 2.169 0
TOTAl COSTS $117.169 $117.169 $0 $0 $0 $0 $0
B. Revenues
1. land Sales
a. Pier08 Building (A2) $0 $0 $0 $0 $0 $0 $0
TOTAl REVENUES IN EXCESS OF EXPENSES ($458,910) ($133,910) ($275.000) $0 ($50.000) $0 $0
'.
PRO.ECT COSTS 80lmI COUN1Y COlImIOU8E - ecpANSIONIRENOVATION PAGE 2
0... aq...4 QlIfa
BUDGET PROJECT
ITEM AMOUNT TO DATE ~ 1ii6liZ .1iillllll .1i&.8liQ 1aa&lD
A. land A<qUisillon
1. Auto Parts Store 304,007 304,007
2. COnvenience SIore Center 205.000 205.000
3. NorrIs Apartments 500,000 5oo.oo(
4. Pink Apartments 161.000 161,000
5. Appraisal. Survey, Planning 23.380 23.380 0
$1,193,387 $693,387 $0 $0 $0 $0 $5OO,OO(
B. Renovation: COnvenience SIore Center
1. Exterla' Building 20,495 10,495 10.000 0 0 0 (
2. SIte & Parking 15.000 15,000
3. T enanll"llfOVemenls 10,000 10.000
$45,495 $10,495 $35 ,000 $0 $0 $0 $(
C. Renovation: Auto Parts SIore $0 $0 $0 $0 $0 $0 $(
TOTAl COSTS $1.238,882 $703.882 $35.000 $0 $0 $0 $500,OO(
D. Revenue: Property Sales
1. Auto Parts S10re 200.000 200.000
2. Convenience SIore Center 200.000 200.00(
TOTAl REVENUES $400.000 $0 $0 $200,000 $0 $0 $200 .()()(
TOTAl REVENUES IN EXCESS OF EXPENSES (838,882) (703.882) (35,000) 200,000 0 0 (300,00(
'.
PRO.ECT COSTS PREDEVELOPt.ENT PlAN't1NG PAGE 2'
BUDGET PROJECT
.IIEM AMOIJNT TO DATE .1DD5J.Bfl. .1.aB8lDI .1IDULll8 .1iD.Bllli .1&D.9lnl
A. Projects
1. DeIId8 Park 8,801 8.801
2. 0ce0Ia Park 11.378 1,378 5.000 5,000
3. North Federal Highway 31.206 8.206 5.000 5.000 5.000 5.000 5,000
4. other 15.000 0 0 0 5,000 5.000 5.000
$66.185 $16.185 $10,000 $10.000 $10,000 $10.000 $10,000
.
PRO.ECT COSTS WEST ATlANTIC REDEVEI..OPIENI PAGE 22
BUDGET PROJECT
.lIEM AMOUNT TO DATE ~ mBLiI ~ ~ m&LlH!
A. Projed Pl8nning
1. City c:l Delray Beach 10.000 10,000 0 0 0 0 0
2. PIqec.t Manager 71.370 36.370 35,000 0 0 0 0
3. Professional Fees 23.228 13,228 10,000 0 0 0 0
4. Office and other expenses 35,770 25,770 10.000 0 0 0 0
$140.368 $85.368 $55.000 $0 $0 $0 $0
.
PRO.ECT COSTS BLOCK 80 - PARKNa PAGE ZlJ
l.8nd AaJMDl8lld o..~l.rt
BUDGET PROJECT
.IIEM AMOUNT TO DATE ~ ~ .1ilUll!B .1tiBlU 1i&i.lO.I!
A. Land Acquisition - Partcing and Historic Houses
1. JFR
a. Land 480,100 400.100 80,000
b. legal 94.846 47.346 47,500
2. Evergreen
a. land 240.200 240,200
b. legal 64,893 39 ,893 25,000
8. land Acquisition - Par1dng, Other Expenses
1. Appraisal. Survey. Planning 80.399 65.389 15,000
2. legal (Federspiel) 21.498 16,498 5.000
SublCOlLand 981.925 809.425 172,500 0 0 0 0
C. Parking la Development
1. DermlitlOn 25 ,000 25,000
2_ Parking la (Phase 1- 49 spaces) 100,000 100,000
3_ Parking let (Phase 11- 68 spaces) 170.000 170.000
4. Pedestrian Walk and aher 38.000 38.000
SublOOlllet 333.000 100.000 63.000 0 0 170.000 0
TOTAl COSTS $1.314,925 $909,425 $235,500 $0 $0 $170,000 $0
D. Revenue
1. Parking Space sales @$6,OOO par space 198.000 0 12.000 0 42,000 42,000 42.000
2_ Rental Income from Love Apartments 24.700 17.100 7.600 0 0 0 0
TOTAl REVENUES $222.700 $17 100 $79.600 $0 $42 000 $42.000 $42 000
PRO.ECT COSTS BLOCK 80- HISTORIC HOUSES
BUDGET PROJECT
.IIEM AMOUNT TO DATE ~ ~ mmB. 1UlWll. ~
A. Historic Homes: Expanses
1. Coostrudioo 537.251 491,251 40,000
2. Appraisal. Survey. Planning 42.925 42.925
3. legal (F ederspiel) 14,356 14,356
TOTAl COSTS $594.532 $554.532 $40.000 $0 $0 $0 $0
B. Revenues
1_ State Grant #SG-414 for renovation 242,800 242,800
2. State Grant 13,050 6,525 6.525
3. City d Delray Beach loan/Grant 0
a_ loan: for relocation 0 0
b_ Grant 20.000 20,000
4. County Grant: for dermlition 11,700 11.700
5_ CilylPBCO Historic Preservation Bd. Contribution 15.425 15,425
6. Sale d Monterrey (1) 260,000 49,571 49,537 49.537 49,537 49.537 12.281
7_ Sale d Bungalow 160.000 160.000
TOTAl REVENUES $722.975 $330,596 $71,487 $209 .537 $49 .537 $49 .537 $12,281
TOTAl REVENUES IN EXCESS OF EXPENSES ($988,482) ($1,133.361) ($132,013) $209,537 $91.537 ($78.463) $54,281
NOTES :This revenue from the City and the CRA annual pgyment to the City for the 'Municipal Tennis Cenl81" are In equal arrounts and are ~ent upon each cMIer.
.
CD Community
Redevelopment
-a Agency
Delray Beach
DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
FISCAL YEAR 1994/1995
. .
REVISED JULY 25, 1995
24 N, Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558
DELRAY BEADI cot.M.IIIrTY REDEVELOPttENT N?iEHC'f
FISCAL YEAR BUDGET: 10101184- 08I30IIl5
flH) BALANCES
OllER
1884185 TFS GRANTS. ETC TAX EX TAXABlE
SOURCE OF FUNlS
T8lC Ina"em8It FlI1lta
City 434,259 434.259
Coonty 270,976 270.976
S8I8I d Pw'dI8I8d PropllrtIes: PIq8da
Peech Urmrella Plaza I 0 0
Dcwmtown Mixed Use 330,000 330,000
. BIod( 76: Par10ng - City Bonds 433.689 433,689
Block 76 - Redevelopm9l1t 0
South Coonty Coorthouse 0
Block 60: Parking 0 0
Affordable Housing 40.000 40,000
R8In1lInern8rD: PIq8da
Bankers Row 3,422 3.422
. Subsidized Loans: Grants 0 0
Affordable Housing: GrantsJReirmurse 57,614 57,614
Downtown Anchor 0
Peach Urmrella I Facade Loan 0
Peach Urmrella Parking 0
Block 60: Historic Homes 73,196 23.625 49,571
Proceeds from Bortutiing 0 0
TE Proceeds from Bond Borrawing:Tax-ExelJlll 1.325.000 1.325,000
TA Proceeds from Bond Bortutiing:Taxable 225,000 225,000
Property Revenue, Net 38.947 38.947
Interest Earned 66,479 66.479
Other Interest 0
Other Inoome (W Atlantic. etc.) 0 0
TOTAl. SOURCE OF FUNlS 3.298,582 705,235 660,354 1.377 ,993 555,000
APPlICATION OF FUNlS
Debt ServIce
City of Delray Beach 0 0
Bond Bortutiing 261.967 261.967
Short-term Bank Borrawing 0
Operating Reserve 150.000 150.000
Issuance COSts of Borrawing 0
SubtaalDebtService 411.967 411,967 0 0 0
Fund: PIqed. ExpenI8s r = Q).6"",,1de8. C = Q).,",Il,..rD)
TA C Old School Square 44.117 44,117
TE C Bankers Row 980 980
TE C Municipal Tennis Center 49 .984 49,984
TE Downtown Core : Bridge Tender 0
TE C Downtown Core : Park/A1ley/General 0 0
TE Downtown Core : Dntn Jt Venture 50.000 50,000
TE Downtown Core : RiveIWalk 0 0
TE Pineapple Grove Main Street: 11,000 11,000
TEA Historic Facade Program 0
TA C . CRA Subsidized Loan Program 100,000 10,000 0 90,000
TEA C Site Development Assistance 0 0
OP Cormlunity Activities SponsorshipIT.E.D. 10,050 6,000 4,050
TA . Peech Urmrella Plaza I: Redevel 9,500 9,500
TE Peach Urmrella Plaza I: Parking 30,016 30,016
TA Downtown Anchor wI Parking 20,000 20,000
.
DELRAY BEAai COtAUIInY REDEVELOPMENT N3ENCY
FISCAl.. YEAR BUlGET: 10101184- 08I3Q/9S
OllER
1984/85 TFS GRANTS. ETC TAX EX TAXABlE
PIqed 1:)cpenIea, CDt.
TA AffoIdable Housing 188.629 23.065 97.614 67.950
TA D<mntONl1 Mixed Use: A&D 25.241 25.241
TE . Block 76: Parking 440.000 433.689 6.311
TA Block 76: Redevelopment 115.000 115,000
TE S.County Courthouse: Expansion 5.488 5.488
TE S.County Courthouse: Property Renov 5.000 5.000
TA Predevelopment Planning 10.000 10.000
TA W Atlantic Avenue Redevelopment 30.000 30.000
TE Master Parking Program 0
De/ray Beadl Trolley 0
TA Business Development Program 0
TE Block 60: Parking 629,042 629.042
TElGRA Block 60: Hlstaic Homes 225.672 142.816 82.856
TA . B1odI:61: A&D 0
TA Salaries: Project-related 9.626 9.626
0 Project Blues. Plans. etc. 503 503
Subtotal Project Expanses 2.009.848 39.568 674.119 870.677 425.484
Gen8nII & M..MlIlIIY8
Salaries 186.500 186.500
Benefits - Pension. Other 7.950 7.950
Conferences. Seninars 500 500
Dues. Fees & Subscriptions 500 500
Entertainment & Travel 3.500 3.500
Insurance: Health 7.404 7.404
Insurance: Other 11.000 11.000
Maintenance & Repairs. Security 3.000 3.000
Miscellaneous 3.000 3.000
Office Equipment. Furniture 2.329 2.329
Office Expanses 9.622 9.622
Professional Fees: Audit. AClXllInUng 9.800 9.800
Prctessional Fees: Bookkeeping 26.000 26.000
Prctessional Fees: legal 10.000 10.000
Professional Fees: legislative 22.000 22.000
Prctessional Fees: Grants 10.000 10.000
Prctessional Fees: Other/Consulting 1.500 1.500
Public Relations 2.500 2.500
Rent: Office/CAM Charges (Houses) 6.655 6.655
Rent: Equipment 5.000 5.000
Taxes: Payroll. Other 14.920 14.920
Telephone & Utilities 9.625 9.625
Subtotal General & Adrrinistrative Exp. 353.305 353.305 0 0 0
TOTAl. APPlICATION OF FlNlS 2.775.120 804.840 674.119 870.677 425.484
SUBTOTAl. FUND SOURCES IN EXCESS OF APPlICATIONS 523.462 (9\1.605) (13,765) 507.316 129.516
+/- Cash Balance. Beginning at Year 706.227 105.549 119.191 380.410 101.077
+/- Transfer Property and Interest NCs to T1F budget 105.426 (105.426)
1.229.689 111.370 (0) 887.726 230,593
less bond-related / cormilted funds' (1,118.319)
TOTAl. tEl OPERATING fLN)S $111.370
Interest@5,5% SBA 67,633
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'/t1
SUBJECT: AGENDA ITEM # ~ A - MEETING OF AUGUST 1. 1995
EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM
AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DATE: JULY 28, 1995
This is before the Commission to the approve the agreement with
the Florida Department of Community Affairs regarding the
Evaluation and Appraisal Report (EAR) Assistance Program. The
Florida Legislature has appropriated funds to assist munici-
palities in the preparation of the report. The agreement
describes the conditions under which funds will be paid.
The amount available to each community is $14,069, which may be
used to offset the salaries and expenses of the City or subcon-
tractors involved in the preparation of the EAR.
The City's EAR is to be completed by August I, 1996. Most of the
work involved will be done in-house, although a consultant will
be used for portions of the transportation element.
The City Attorney has reviewed and approved the agreement as to
legal sufficiency and form.
Recommend approval of the agreement between the City and the
Florida Department of Community Affairs regarding Evaluation and
Appraisal Report Assistance Program funding.
~cm~
$i1
C I TV COMMISSION DOCUMENTATION
TO: D VID T. HARDEN, CITY MANAGER
FROM: OR OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 1, 1995
APPROVAL OF THE EV ALUA TION AND APPRAISAL REPORT
ASSISTANCE PROGRAM AGREEMENT WITH FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS ** CONSENT
AGENDA **
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval of an agreement
between the City and the Florida Department of Community Affairs (DCA)
regarding Evaluation and Appraisal Report Assistance Program funding.
BACKGROUND:
The Florida Legislature has appropriated funds to assist municipalities in the
preparation of the Comprehensive Plan Evaluation and Appraisal Report (EAR).
The amount available to each community is $14,069.
The City must enter into an agreement with the DCA which describes the
conditions under which funds will be paid. The DCA will pay 25% ($3518) of the
grant following execution of the agreement, and the remaining 75% ($10,551)
upon completion of the EAR. Funds may be used to offset the salaries and
expenses of the City or subcontractors involved in the preparation of the EAR.
The EAR for the City is due to be completed by August 1, 1996. A detailed work
plan will be submitted to the DCA following execution of the agreement. Staff
anticipates that most of the work involved in the preparation of the EAR will be
done in house, although a consultant will be used for portions of the
Transportation Element.
RECOMMENDED ACTION:
By motion, approve the execution of an agreement between the City and the
Florida Department of Community Affairs (DCA) regarding Evaluation and
Appraisal Report Assistance Program funding.
Attachment:
* Agreement with the DCA
S:\EAR\general\funding 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EVALUATION AND APPRAISAL REPORT
ASSISTANCE PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as
the "Department", and the City of Delray Beach, hereinafter
referred to as the "Recipient."
WITNESSETH
WHEREAS, in accordance with Chapter 163, Part II, F. S., and
Chapter 9J-S, Florida Administrative Code (F.A.C.), each local
government within the State of Florida is required to prepare and
submit for Department review an Evaluation and Appraisal Report
to assess and evaluate the success or failure of the local
government's comprehensive plan; and
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, F. S., and Chapter 93-206, Laws of Florida,
has determined that the Recipient is a local government eligible
to receive funds under the Local Government Evaluation and
Appraisal Report Assistance Program, hereinafter referred to as
the "Program;" and
WHEREAS, pursuant to the 1995-1996 General Appropriations
Act, Line Item 1172, the Legislature has appropriated $1,252,190
to fund implementation of the Local Government Evaluation and
Appraisal Report Assistance Program;
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient for
the performance of the services described herein and the
Recipient does hereby agree to perform such services under the
terms and conditions set forth in this contract.
II. Availability of Funds
Payment of these state funds pursuant to this contract are
subject to and conditioned upon the total release of the funds
appropriated to implement the Local Government Evaluation and
Appraisal Report Assistance Program. The State of Florida's
performance and obligation to pay under this contract is
contingent upon an annual appropriation by the legislature.
.
III. Definition, Scope and Quality of Service
(A) Intent of the Contract
The Recipient agrees, under the terms and conditions of this
contract and the applicable state and local laws and regulations,
to undertake, perform, and complete the specified work pro~ucts
outlined in section III below, Scope of Services. The Recipient
further agrees that neither the Department's entering into this
agreement nor its acceptance of the Recipient's work products
shall be construed as a determination by the Department that the
local government has satisfactorily met the requirements of
Chapter 163, Part II, F. S., Chapter 93-206, Laws of Florida, or
Chapter 9J-5, F.A.C. The Recipient further agrees that nothing
herein shall be construed by the Recipient as a waiver by the
Department of it's responsibility to conduct a sufficiency
review, or its authority to make a sufficiency determination, for
the Recipient's adopted Evaluation and Appraisal Report.
The Department recognizes that the funding received by the .
Recipient under the Program constitutes only a partial funding of
the actual costs associated with the development, completion, and
adoption, of. the Evaluation ,and Appraisal Report ,and that the .-.
work products being contracted for constitutes only a portion of
the requirements necessary for completion of the Recipient's
Evaluation and Appraisal Report. The Department and the
Recipient agree that the work products funded under this contract
must be completed as specified herein in order for the Recipient
to successfully complete its Evaluation and Appraisal Report, and
that these work products are being funded to achieve that end.
(B) Scope of Services.
(1) Services provided under this contract shall be in
connection with the total area under the Recipient's planning
jurisdiction.
(2) In accordance with ~163.3191, F.S., and Rule 9J-
5.0053, F.A.C., each Recipient shall provide appropriate
documentation, including, but not limited to, data, statements,
. reports, analyses,.. maps, and work products, ,that address, at a
mimimum, the following:
(a) The condition of each comprehensive plan
element at the time of plan adoption, including summaries of the
data and analysis from each element of the existing plan at the
time of adoption;
(b) The condition of each comprehensive plan
element as of the date of submittal of the work products required
under this contract;
2
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(c) An updated, current "existing" land use map
and table of existing land uses as of the date of submittal of
the work products required under this contract;
(3) A description of the public participation process
to be used in preparation of the local government's Evaluation
and Appraisal Report.
(4) A detailed workplan that the Recipient will follow
in completing the Scope of Services required by this contract.
IV. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the
Department agrees to pay a fixed fee up to $ 14.069 . Payment
will be made in accordance with Article V of this contract.
.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of
local government staff members or subcontractors involved in
preparing all or a portion of the required work products
specified in section III(B), Scope of Services, of this contract.
(2) , Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance with the
provisions of Section 112.061, F.S.
(3) Funds may not be used for the purchase of
equipment, fixtures, or other tangible property of a
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
(4) These funds may not be used for the purpose of
lobbying the Florida Legislature or a state agency.
V. Method of Payment
(A) The Department shall pay twenty-five (25) percentum
($ 3,518) to the Recipient following execution of this contract
and the Department's receipt, review, and acceptance of the
workplan that satisfactorily completes the requirements specified
in Section III, above, and this section. An acceptable workplan
will, at a minimum, address:
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(1 ) The criteria specified in the Scope of Services,
and contain appropriate and relevant documentation, including,
but not limited to, data, statements, reports, analyses, maps,
and work products, relating to those issues delineated in Section
163.3191(2) and (3) , F. S., and Rule 9J-5.0053, F.A.C. The
workplan will also include, but not limited to, the following:
(a) The individual(s) who will be responsible for
developing each ?omponent of the work plan, including any
subcontractors;
(b) Estimated date of completion of each
component of the workplan;
(c) Problems or obstacles the Recipient
anticipates developing each component, and the means the
Recipient will use to resolve these problems or obstacles.
(2) A copy of any subcontract for any or all of the
work required by this contract and entered into by the Recipient .
will be submitted to the Department as an attachment to the
workplan listed above. Absent a copy of the actual signed
agreement for any work under this document that the Recipient
subcontracts to be performed will be deemed unacceptable to, and
uncompensable by, the Department.
(B) The Department shall pay the final seventy-five (75)
percentum of the funds ($10,551) following receipt, review and
acceptance of the work products specified in Section III, Scope
of Services, above.
(C) The Department shall pay the amounts indicated in this
agreement after receipt of the work products under this contract
are deemed by the Department to be acceptable. IIAcceptable to
the Departmentll means that the work product was completed in
accordance with professional planning principles, and is
consistent with the requirements of this contract. The Recipient
acknowledges and agrees that payment under this agreement is
contingent upon Recipient providing the Department, on or before
August 15, 1996, with all of the requisite work products in final
- , form, acceptance of the final work.products by the Department,
and the Recipient's contract closeout report, as specified below.
VI. Required Reports and Records
(A) The Recipient shall provide to the Department a
contract closeout report consisting of a copy of each work
product produced under this program. The report must be received
by the Department no later than Auaust 15, 1996.
4
(B) If all required reports and copies, prescribed above,
are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department shall withhold
further payments until they are completed. The Department may
terminate this contract if reports are not received within'ten
(10 ) days after notice by the Department.
VII. Audit Requi~ements
(A) The Recipient agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditure of funds under this contract.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday. .
(C) The Recipient shall provide the Department with an
annual financial audit report which meets the requirements of
Sections 11.45 and 216.349, F. S., and Chapter 10.550, Rules of
the Auditor General, and OMB Circular A-128 for the purposes of
auditing and monitoring the funds awarded under this contract.
(1) The annual financial audit report shall include
all management letters and the Recipient's response to all
findings, including corrective actions to be taken.
(2) The annual financial audit report shall include a
schedule of financial assistance specifically identifying all
contract and grant revenue by sponsoring agency and contract
number.
(3) The complete financial audit report, including all
items specified in section VII (C) (1) and (2) above, shall be sent
directly to:
Department of.Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(D) The Recipient shall include an accounting of these
funds in the annual financial audit report prepared by the
Recipient for the 1994-95 and 1995-96 fiscal years.
5
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(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with the conditions
of this contract the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in
accordance with these applicable regulations and contract"
provisions within thirty (30) days after the Department has
notified the Recipient of such noncompliance.
(F) The Recipient shall retain all financial records,
supporting documents, statistical records, and any other
documents pertinent to this contract for a period of three years
after the date of submission of the final expenditures report.
However, if litigation or an audit has been initiated prior to
the expiration of the three-year period, the records shall be
retained until the litigation or audit findings have been
resolved.
(G) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper .
preaudit and postaudit thereof.
VIII. Public Records
The Department reserves the right to unilaterally
cancel this agreement for refusal by the Recipient to allow
public access to all documents, reports, papers, letters or other
material, subject to the provision of Chapter 119, F.S., prepared
or received by the Recipient in conjunction with this contract.
IX. Subcontracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to include in
the subcontract specific language to inform the subcontractor
that the subcontract is bound by the terms and conditions of this
contract between the Recipient and the Department.
(B) The Recipient agrees to include in the subcontract that
the subcontractor shall -hold the Department and Recipient
harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this contract, to the
extent allowed and required by law.
(C) If the Recipient enters into a subcontract, a copy of
the executed subcontract must be forwarded to the Department as a
portion of the workplan required under section V(A) of this
agreement.
6
.
(D) Any work products produced under the terms of a
subcontract entered into by the Recipient must meet the full
terms and conditions, including timeframes, of this agreement
between the Recipient and the Department in order for the
Recipient to receive payment from the Department. /
X. Liability
The Recipient hereby agrees to hold harmless the Department,
to the extent allowed and required by law, from all claims,
demands, liabilities and suits of third persons or entities not a
party to this contract arising out of, or due to any act,
occurrence, or omission of the Recipient, its subcontractors or
agents, if any, that is related to the Recipient's performance
under this contract.
XI. Contract Ter.m
The contract shall commence on the last date of signing by
the parties involved, and will terminate on Auqust 15. 1996.
The Recipient will receive no compensation for work received by
the Department after this date.
XII. Modification of Contract
Either party may request modification of the provisions of
this contract with the exception that no extensions will be
permitted. The General Revenue funding source cannot be extended
beyond the original timeframes of this agreement. Other changes
which are mutually agreed upon shall be made by written
correspondence from the Department and shall be incorporated as
part of this contract.
XIII. Identification of Documents
The cover page or title page of all reports, maps and
other documents completed asa part of this contract shall
acknowledge:
"Preparation of this (Mao or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Evaluation and Appraisal Report
Assistance Program authorized by Chapter 93-206, Laws of
Florida, and administered by the Florida Department of
Community Affairs."
7
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. .
The date (month and year) the document was prepared and
the name of the subcontractor or Recipient community responsible
for its preparation shall also be shown.
XIV. Termination
(A) This contract may be terminated by the written mutual
consent of the p~rties.
(B) If the Recipient ahall fail to fulfill in a timely and
proper manner its obligations under this contract, the Department
shall have the right, without liability, to terminate this
contract within ten (10) days after giving written notice to the
Recipient of such termination. The Department may also require a
pro rata repayment for funds paid to a Recipient who breaches any
part of this contract.
( C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by virtue of any breach .
of contract by the Recipient. The Department may withhold any
payments to the Recipient for purpose of set-off until such time
as the exact amount of damages due the Department from the
Recipient is determined.
XV. Notice and Contact
. .
(A) The contract manager for this contract is:
Cherie Trainor
- Division of Resource Planning and Management
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(B) The representative of the Recipient (not a consultant),
responsible for the administration of this contract is:
-
- (C) .. In the event that different representatives are
designated by either party after execution of this contract,
notice of the name, title and address of the new representative
will be rendered in writing to the other party and said
notification attached to the original of this contract.
8
.
.
XVI. Ter.ms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as -duly
authorized.
RECIPIENT:
BY:
Name and Title
Date Witness .
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
-
BY:
Name and Title
Date Witness
- - ... .... ...
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A c{(
fr1i
[IT' OF OELAR' BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F LOR IDA
........
AI~Arnerica City MEMORANDUM
, III I!
DATE: July 19, 1995
1993 TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Subsidized Loan Agreement
Attached please find three original copies of the Subsidized Loan Agreement between the
CRA, the City and SunBank. The only change in this Agreement is set forth in
Paragraph 4 which requires the City to sign an acknowledgment, as contained within
Exhibit "C". The other change does not involve the City, but provides that all
disbursements for business loans which are made by the Bank, must be accompanied by
invoices and paid receipts in the Bank's discretion.
that this Agreement is placed on the City Commission agenda for
cc: Lula Butler, Director of Community Improvement
loan. sar
?8.
@ Prinled on Recycled Paper
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,1'
SUBSIDIZED LOAN AGREEMENT
THIS CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT
AGENCY OF TIIE CITY OF DELRA Y BEACH, hereinafter referred to as the "CRA," and SUN
BANK/SOUTH FLORIDA, NATIONAL ASSOCIATION, hereinafter referred to as the "BANK,"
and the CITY OF DELRA Y BEACH, hereinafter referred to as the "CITY," is hereby made and
entered into this day of , 1995.
WIT N E SSE T H:
- WHEREAS, the parties have heretofore entered into the above described Agreement (the
"Agreement") for the providing of a subsidized loan program ("the Program"); and
WHEREAS, the parties are desirous of entering into said Agreement to set forth their
respective. responsibilities for administering said program and to provide other requirements with
respect thereto.
NOW, TIIEREFORE, in consideration of the mutual covenants and promises herein
contained, the Agreement is hereby amended and restated in its entirety as follows:
1. The CRA has committed certain funding in its budget for the Program and said
funds will be available to the various participating banks on a first come first serve basis. The
funds will be committed to an individual bank in accordance with the Program in the order of
receipt by the CRA of a written firm loan commitment to individually approved borrowers. For
purposes of determining the order of receipt, all loan commitments will be deemed received upon
the physical receipt by the CRA at the office of its Executive Director.
2. The CRA will accept initial loan applications for the Program from prospective
borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the
proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-
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family residence or multi-family residential property or a non-residential commercial property
("Exterior Rehabilitation Loan"), or, to a business owner whose business location lies within the
redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application
will be forwarded by the CRA to the participating bank selected by the borrower, and upon
receipt of the loan application approved by the CRA the respective bank shall perform its
underwriting evaluation for approval or disapprovaL Such Certificate of Approval issued by the
CRA will include a determination as to whether the City or the BANK shall be responsible for
- -
the disbursements required under the loan. In the event the BANK is provided with a CRA
approved application and the BANK approves such loan and issues a firm commitment therefore,
the BANK shall forthwith deliver to CRA, in care of its Executive Director, such loan
commitment.
3. Upon receipt of an approved loan commitment from the Bank and receipt of
closing statement, subject to the availability of funds for the Program, the CRA shall pay to the
bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is
prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office
originating the loan of such prepayment, and the BANK shall pay to the CRA within thirty (30)
days after such prepayment an amount equal to the unearned interest as determined in accordance
with a straight amortization schedule computed at the note interest rate reflecting the interest due
for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA
shall have no liability for the payment or obligation for any sums of whatever nature other than
the initial interest paid as hereinabove provided. The parties acknowledge that the CRA will not
be entitled to any refunds of interest on loans which are not prepaid in full or are in default and
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have been charged off by the BANK. At closing the borrower shall be required to execute an
Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the
proceeds of the loan will be only for the purposes set forth in the approved loan application.
Further, the BANK shall require the borrower to execute a loan disbursement agreement
providing that in the event all of the work required to be performed pursuant to the loan
application in order to obtain the full disbursement of the loan is not completed within the date
provided for in said loan agreement, the BANK or the CITY, whomever is respectively
-
administering the disbursements, shall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK
shall reimburse the CRA for the unearned interest as provided for above; provided loan is paid
in full and not in default.
4. A. Upon the closing of the loan with the borrower, the BANK or the CITY,
shall disburse the loan proceeds in accordance with the terms of the loan agreement.
Notwithstanding the foregoing, CITY agrees to disburse the loan proceeds for any loan which
entails construction draws and will sign an Acknowledgement and Agreement, (Exhibit "C"
attached). The borrower shall provide such reasonable documentation as the BANK or the CITY,
respectively, shall require with regard to disbursements requested. Disbursements may only be
made for the payment of completed work or purchase of applicable improvements.
B. There shall be no reimbursements allowed as a part of the subject loan for
work completed prior to the closing of the loan.
e. All disbursements for business loans must be accompanied by invoices and
paid receipts. This will be at BANK'S discretion.
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5. The CRA and the BANK hereby agree that loans which will qualify for the
Program will be made upon the following terms and conditions:
A. Business Loans:
(i) Loan Amount: ten thousand dollars ($10,000.00) minimum to fifty
thousand dollars ($50,000) maximum;
(ii) Purpose: construction of tenant improvements and small additions
to leased premises within the community redevelopment area;
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(iii) Borrower Qualification: subject to bank's underwriting standards;
(iv) Term: maximum term for loan shall be sixty (60) months of equal
principal payments;
(v) Interest Rates: shall be fixed at the prime rate plus 1 % as
established by SunBank Prime as of the date of closing;
(vi) Interest Subsidy by the CRA: shall be one-half (112) of the
computed interest (utilizing the simple interest method) at prime rate for the term of the loan
agreement.
(vii) Fees: normal closing costs including but not limited to recording
fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may
be financed as part of the Loan by the BANK). In addition, a loan processing fee of one hundred
dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may
be levied by the BANK.
B. Residential, Exterior Rehabilitation Loans:
(a) Owner occupied, single-family, residential home improvements:
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,__.__, ______.A _. "____ __.__._.___ W.. '_ u_ ._.~_ '.---.-,
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(i) Loan amount on unsecured loans: two thousand five hundred
dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
(ii) Loan amount on loans secured by first mortgages, second
mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to ten
thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
(i) Loan amount on unsecured loans: two thousand five hundred
-_.-
dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000,00) maximum;
(ii) Loan amount on loans secured by first mortgages, second
mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen
thousand dollars ($15,000.00) maximum;
(c) lbree or More Residential Units:
(i) Loan amount on unsecured loans per unit: two thousand five
hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a
maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one
applicant.
(ii) Loan amount on secured loans per unit: two thousand five
,
hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a
maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one
applicant.
(d) Purpose: qualifying alterations, repairs and/or improvements to
residential properties of the owner where the work substantially protects or improves the exterior
.
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of the property as described in Exhibit "A."
(e) Loan to value ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty-five percent (85%) of the
appraised value or one hundred twenty-five percent (125%) of the tax assessed value.
(t) Term: maximum term for both secured and unsecured shall be sixty
months (60) of equal principal payments.
(g) Interest rates: both secured and unsecured loans shall be fixed at
- -
the Prime Rate as established by SunBank Prime as of the date of closing.
(h) Interest subsidy by the eRA: shall be 100% of the computed
interest (utilizing the simple interest method) at prime rate for the term of the loan agreement.
The CRA shall pay the interest at the day of closing of the loan.
(i) Fees:
(i) A loan processing fee of fifty dollars ($50.00) for secured
and unsecured loans for owner occupied, single-family dwellings may be levied by the BANK.
(ii) A loan processing fee of one hundred dollars ($100.00) for
unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family
residential, one or more units, may be levied by the BANK.
(iii) Normal closing costs including but not limited to appraisal,
recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and
intangible tax, etc. (the subject closing costs may be financed by the BANK).
C. Non-Residential, Commercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00) minimum to twenty
.
.
.
-7-
thousand dollars ($20,000.00) maximum.
(ii) Purpose: qualifying improvements of the exterior of non-residential
commercial properties as described in Exhibit "A."
(iii) Loan to value ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty-five percent (85%) of the
appraised value or one hundred twenty-five percent (125%) of the tax assessed value.
(iv) Term: sixty months (60) equal principal payments.
--
(v) Interest rates: both secured and unsecured loans shall be fixed at the Prime
Rate plus 1% as established by SunBank Prime as of the date of closing.
(vi) Interest subsidy by the CRA: shall be one-half (1/2) of the computed
interest (utilizing the simple interest method) at prime rate for the term of the loan agreement.
(vii) Loan processing fee: of one hundred dollars ($100.00) for unsecured loans
and two hundred dollars ($200.00) for secured loans may be levied by the BANK.
(viii) Closing costs: normal closing costs including but not limited to appraisal,
recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and
intangible tax, etc. (these fees may be financed as part of the loan by the BANK, but the CRA
will not be responsible for the interest on the financing of such costs).
(ix) Collateral: The loans to be collateralized as the BANK deems necessary.
Personal guarantees will be required in all instances unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of one million
dollars ($1,000,000.00), excluding the amounts of all loans made to date, for the Loan Program
for a period of one year (1) from the date of this Agreement or until such pool of funds is
,
.
-8-
exhausted through the making of Program loans, whichever comes first.
7. It is mutually understood that the agreements and covenants contained herein are
severable, and in the event any of them shall be held to be invalid, this Agreement shall be
interpreted as if such invalid agreements or covenants were not contained herein.
8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
9. If any action at law or in equity is necessary to enforce or interpret the terms of
--
this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs
of appeal and necessary disbursements in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be transferable by any party
without the written consent of the other.
11. Notices to any party to this Agreement shall be sent to the following:
Christopher J. Brown
Executive Director
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
Lula Butler
Director, Community Improvement
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Billie Linville
SunBanklSouth Florida, N A.
302 East Atlantic Avenue
Delray Beach, FL 33483
12. Either party may cancel this Agreement by 30 days written notice to the other.
Any loans upon which a firm commitment has been issued by the BANK, will be honored
.
,
.
-9-
according to the terms of such commitment even if notice of termination has been given by either
party. Notice shall be deemed given if sent by a recognized courier or overnight delivery service
or certified mail, return receipt requested.
--
WITNESSES: SUN BANK/SOUTH FLORIDA,
NATIONAL ASSOCIATION
'? U~~~
Ztd:~~ -'
CITY OF DELRA Y BEACH
By:
Attest:
By:
City Clerk
Approved as to form:
By:
City Attorney
.
. .~ _--.._-,~.-..,_._._,._,-~.- >, _______.~. . w"
.
EXHIBIT "A"
1. The following are authorized under the Business Loan:
a. Tenant improvements, exterior and interior,
b. Signage;
c. Small additions to an existing building;
d. Permanent fixtures.
2. The following external improvements to property are authorized under this program:
- a. Re-roofing, including rigid insulation; ~
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of rotten wood;
g. Doors;
h. Windows;
i. Driveways/paving; parking;
j. Landscaping (sod, trees, bushes, plants, and irrigation system);
k. Exterior modifications such as rebuilding a porch;
1. Exterior lighting.
3. All materials and work must be in compliance with applicable City of Delray Beach
Building Codes.
4. Loan proceeds may be used to pay for applicable building permits and loan fees.
.
...~._ - __~. M_ _"."_______.___. ~ .._--_._---_._--
r
EXHIBIT liB"
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Before me, the undersigned Notary Public in and for the aforesaid County and State,
personally appeared . hereinafter referred to as
("Borrowers") who by me being first duly sworn and cautioned, deposed, stated, and
acknowledged the following:
1. Our names are . We
reside at - ,and
we, having personal knowledge of the loan with SunBanklSouth Florida, N A., hereinafter
referred to as (the "Loan"), and the following described matters, depose, state, and acknowledge
same to be true.
2. We hereby state that as an inducement to SunBanklSouth Florida, NA., entering
into that certain Security Agreement dated the day of ,
199_ and that certain Promissory Note of even date in the principal amount of
Dollars ($ ) and as an inducement
to the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the
certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds
of said Loan will be used solely for purposes as set forth in the approved loan application and
for no other purposes.
3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify
the Community Redevelopment Agency and the bank office originating the loan, respectively
located as stated below:
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
ATIN: Executive Director
SunBank South Florida, N A.
302 East Atlantic Avenue
Delray Beach, FL 33483
A TIN: Commercial Loan Dept.
4. The borrowers hereby acknowledge and covenant that they will not apply for and
shall expressly disclaim any offered or available ad valorem tax assistance or abatement with
i
.
".._,-., .~--. . -. -- -~---~
.
respect to the real property being improved with the proceeds from the loan so long as any sums
due under the loan shall remain outstanding.
Further Affiants sayeth naught.
Sworn to and subscribed before me by
,this_day of t
199-=---- --
Notary Public
(SEAL)
My Commission Expires:
Who are personally known to me
Or who produced
as identification
.
...
EXIllBIT "C II
ACKNOWLEDGEMENT AND AGREEMENT
Please acknowledge receipt of cashier's check # in the amount of
$ in regard to loan closing for ,
dated .
~ -
The City agrees to be solely responsible for all disbursements of the above loan proceeds in
accordance with the Subsidized Loan Program with the Community Redevelopment Agency of
the City of Delray Beach.
ATTEST CITY OF DELRA Y BEACH
-
Name & Title
.
. DI{
RECEIVED ~
[I" DF DELIAY BEA[H JUl 2 6 1995
CITY MtI':' '--'r, n::.' "
l'lJI
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F L 0 It I 0 ^
..... MEMORANDUM
A11.America City
" II t! DATE: July 25, 1995
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Right of First Refusal - Seacrest Properties
The City entered into "Right of First Refusal" Agreements with NationsBank: and Mr.
Patel for two properties located at 2200-2300 and 2228 Seacrest Boulevard, known as
the "Seacrest Properties" .
Those agreements expire on July 31, 1995. Our office, as directed by the City
Commission, is commencing our negotiations for the purchase of the properties. Our
office recommends that the Right of First Refusal Agreements be extended until
September 25, 1995, in order to complete the negotiations and allow time for Palm
Beach County to formulate an appropriate interlocal agreement with the City.
By copy of this memorandum to David Harden, City Manager, our office requests that
the Amendments to the Right of First Refusal Agreements be placed on the City
Commission August 1, 1995 City Commission consent agenda for approval.
Attachments
cc: David Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Joe Weldon, Director of Parks and Recreation
Mr. Dennis Eschelman
Mr. Mark Lind
Mr. Rajesh Patel
ge,
@ Printed on Recycled Paper
.
- ~- . .
.
AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT
THIS AMENDMENT ie made and entered into this day of August,
1995, by and blltwrn NATIONSBANK OF FLORIDA, N. -X:, a nat10nal
banking aS80ciati" ("NationsBank"), and CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation (the "City").
WHEREAS, NationsBank and the City previouslY entered into a
Right of First Refusal Agreement dated May 2, 1995 (the
"Aqreement"), with respect to certain property located in Palm.
Beach County, Florida, as more particularly described therein; and
WHEREAS, the original term of the Agreement expires on July
31, 1995, and the parties desire to extend the same.
NOW, THEREFORE, in consideration of the premises and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. The second sentence of paragraph 2 of the Agreement is
hereby amended in its entirety to read as follows:
In any event, the right of first refusal granted to the
City hereunder shall terminate on September 25, 1995, after
which time NationsBank may sell. transfer or otherwise
deal with the Property free and clear of the terms and
conditions of this Agreement.
.
2. Except as specifically m.odified herein, the Agreement
shall remain unchanged and in full force and effect and is hereby
ratified and confirmed.
IN WITNESS WHEREOF, the undersigned have executed this
Amendment as of the day and year first set forth above.
Witnesses:
NATIONSBANK OF FLORIDA, N. A.
,
Name:
By:
Name:
Name:
Title:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
ATTEST:
city Clerk
Approved as to form and
legal SUfficiency:
city Attorney
... .-
,
"
AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT
THIS AMENDMENT is made and entered into this _ day of August, 1995, by and
between RAJESH K. P'\\TEL, and the CITY OF DELRAY BEACH, FLORIDA, a Florida
municipal corporation (the "City).
WHEREAS, Rajesh K. Patel, and the City previously entered into a Right of First
Refusal Agreement dated May 2, 1995 (the "Agreement"), with respect to certain property
located in Palm Beach County, Florida, as more particularly described therein; and,
WHEREAS, the original term of the Agreement expires on July 31, 1995, and the
parties desire to extend the same.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Paragraph 3 of the Agreement is hereby amended in its entirety to read as
follows:
If Rajesh K. Patel desires to sell the property and receives from a third party, a
bona fide offer for the purchase thereof prior to September 25, 1995, Rajesh agrees to .
disclose the terms of such offer to the City of Delray Beach in writing within five (5)
days following receipt of the offer.
2, Except as specifically modified herein, the Agreement shall remain unchanged
and in full force and effect and is hereby ratified and confirmed.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
first day and year first set forth above.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
WITNESSES: RAJESH K. PATEL
(Name printed or typed)
(Name printed or typed)
.
~- ~_..._....-.
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
-
I ' 1995 by (name of person
acknowledging), who is personally known to me or who has produced
(type of identification) as identification and who
did (did not) take an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notary Public
.
2
.
. ~
AMENDMENT TO RIGHT OF FiRST REFUSAL AGREEMENT
THIS AMENDMENT is made and entered into this day of August,
1995, by and betw~en NATIONSBANK OF FLORIDA, N. --:A:", a nat10nal
banking associat:i~ ("NationsBank"), and CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporat.ion (the "cit.y").
WHEREAS, NationsBank and t.he Cit.y previously entered into a
Right of First R.efusal Agreement dat.ed May 2, 1995 (t.he
"Agreement") , wi th respect t.o certain property located in Palm
Beach County, Florida, as more particularly described therein; and
WHEREAS, the original term of the Agreement expires on July
31, 1995, and the parties desire to extend the same.
NOW, THEREFORE, in consideration of the prel1lises and other
good and valuable consideration, the receipt and sufficiency of
Which are hereby acknowledged, the parties hereby agree as follows:
1. The second sentence of paragraph 2 of the Agreement. is
hereby amended in it.s entirety to read as follows:
.
in any event., the right. of first refusal granted to the
city hereunder shall terl1linate on September 25, 1995, after
which time NationsBank may sell, transfer or otherwise
deal with t.he Property free and clear of the terms and
conditions of this Agreement.
2. Except as specifically modified herein, the Agreement
shall remain unchanged and in full force and effect and is hereby
ratified and confirmed.
IN WITNESS WHEREOF, the undersigned have executed this
Amendment as of the day and year first set for~h above. I
Witnesses:
NATIONSBANK OF FLORIDA, N. A.
t
Name:
By:
Name:
Name:
Title:
CITY OF DELRAY BEACH, FLORIDA
.
By:
ATTEST: Mayor
City Clerk
Approved as to form and
1e9a1 SUfficiency:
City Attorney
... ...
.
AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT
THIS AMENDMENT is made and entered into this day of August, 1995, by and
between RAJESH K. PATEL, and the CITY OF DELRAY BEACH, FLORIDA, a Florida
municipal corporation (the "City).
WHEREAS, Rajesh K. Patel, and the City previously entered into a Right of First
Refusal Agreement dated May 2, 1995 (the "Agreement"), with respect to certain property
located in Palm Beach County, Florida, as more particularly described therein; and,
WHEREAS, the original term of the Agreement expires on July 31, 1995, and the
parties desire to extend the same.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Paragraph 3 of the Agreement is hereby amended in its entirety to read as
follows:
If Rajesh K. Patel desires to sell the property and receives from a third party, a
bona fide offer for the purchase thereof prior to September 25, 1995, Rajesh agrees to
disclose the terms of such offer to the City of Delray Beach in writing within five (5)
days following receipt of the offer.
2. Except as specifically modified herein, the Agreement shall remain unchanged
and in full force and effect and is hereby ratified and confirmed.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
first day and year first set forth above.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
WITNESSES: RAJESH K. PATEL
(Name printed or typed)
(Name printed or typed)
"
.
.
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
-
I ' 1995 by (name of person
acknowledging), who is personally known to me or who has produced
(type of identification) as identification and who
did (did not) take an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notary Public
2
. ~
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f LOR IDA
b.ftw:II
AI~America City MEMORANDUM
, III I!
DATE: July 28, 1995
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amendment to Golf Course Management Agreement Dated November 1,
1994
Attached please find a copy of the proposed Amendment to the Golf Course Management
Agreement with BJCE, Inc. These amendments are necessary due to the City's
acquisition of the Lakeview Golf Course. The Amendment amends Section 6, "Base
Payment", and Exhibits A and B to the Agreement. The fee increase proposed in
Section 6 is 50 % higher than the fee in the original 1994 contract, except for the period
from 8/2/95 through 9/30/96. A level $3,000 per month was added for this period.
By copy of this memorandum to David Harden, City Manager, our office is requesting
that this matter be placed on the August 1, 1995 City Commission agenda for
consideration.
~.
c.
[)
SAR:ci
Attachment
cc: David Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Alison MacGregor Harty, City Clerk
Brahm Dubin, General Manager, Municipal Golf Course
~on~ f.D.
8"/8/9S"
@ Printed on Recycled Paper
.
AMENDMENT TO MUNICIPAL GOLF COURSE MANAGEMENT
AGREEMENT DATED NOVEMBER 4, 1994
THIS AMENDMENT to the Municipal Golf Course Management Agreement dated
November 1, 1994 (original Agreement) is made this day of ,
1995 by and between the CITY OF DELRAY BEACH (the City) and BJCE, INC. (d/b/a
Dubin and Associates)(referred to herein as Dubin).
WITNESSETH:
WHEREAS, the parties entered into a Management Agreement dated November 1,
1994 to provide for management services at the Delray Beach Municipal Golf Course; and,
WHEREAS, the parties desire to amend the Agreement to provide for the provision of
management services for the Lakeview Golf Course in addition to the Delray Beach Municipal
Golf Course,
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are encorporated herein.
2. Paragraph 6 of the original Agreement is hereby modified in its entirety to read
as follows:
6. BASE PAYMENT: The City shall pay Dubin for the performance of
work at a base monthly rate payable on the first of the month as follows:
August 1995 - September 1995 $ 9,500 per month
October 1995 - September 1996 $ 9,750 per month
October 1996 - September 1997 $10,125 per month
October 1997 - September 1998 $10,375 per month
October 1998 - September 1999 $10,675 per month
.
The City shall also accept and pay reimbursables, including:
(a) Payroll costs for Dubin's employees who are working full-time at the
Delray Beach Municipal golf Course and the Lakeview Golf Course.
The payment of such payroll costs is subject to the City Manager's prior
approval, and only such approved costs shall be reimbursed;
(b) Liability insurance as required by Paragraph 13 of the original
Agreement;
(c) Travel expenses;
(d) Mileage at $.26 per mile;
(e) Production costs;
(t) Telephone, mail, facsimilie and miscellaneous out-of-pocket expenses.
All expenses will be itemized and submitted with receipts and shall be billed at cost on a
monthly basis.
3. Exhibit "A" to the original Agreement is modified in its entirety. Exhibit "A"
as modified and attached hereto, is incorporated as if fully set forth herein.
4. Exhibit "B" to the original Agreement is modified in its entirety. Exhibit" B" ,
as modified and attached hereto, is incorporated as if fully set forth herein.
5. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement survive this
Amendment and are binding on the parties. Any reference to golf course, golf course
operations or the like include all golf courses owned by the City unless otherwise expressly
stated within the original agreement or amendment(s) thereto.
2
"
IN WITNESS THEREOF, the City and Dubin have set their hand and seals on
the day and year first above written to this Amendment to the Municipal Golf Course
Management Agreement and three counterparts, each of which shall constitute an original.
WITNESS: BJCE, INC.
By:
Brahm Dubin, President
(Name printed or typed)
(Name printed or typed)
CORPORATE ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
-
, 1995 by (name of officer or
agent, title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She IS personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath.
Signature of Notary Public - State
of Florida
Print, Type or Stamp Name of
Notary Public
3
.
.
.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form:
City Attorney
4
,~ '
... .. ... ..
.
. EXH I BIT "A"
The scope of the work will include but will not be limited to
the following:
1. Supervise and direct the general operations of golf courses
owned by the City.
2. Oversee all administration of all golf course operations,
assuring that proper accounting systems are in place.
3. Perform an on-going review of total operational costs by
department, .
4. Insure that adequate Internal Control systems are in place
in all areas of the operation.
S. Perform monthly reviews of the financial stat-ements and
provide monthly revenue reports in the format prescribed
to by the City.
6. 'Prepare operational budgets.
7. Review and assist in the planning of all marketing and
promotional programs.
8. Approve all expenditures before they are submitted for
payment to the City and insure expendi tures are made in
compliance with the City purchasing policies.
9. Assure that the highest standards of general maintenance
are maintained.
10. Coordinate the implementation of the gol f course master
plan and provide input and advice on clubhouse renovations
and/or a new clubhouse facility.
11. Provide monthly course maintenance reports.
· 12. Dubin shall hire and employ all personnel necessary to
maintain and operate the golf course and restaurant.
Dubin wil~ have full authority over the hiring and firing
of all pe~sonnel.
13. D~in s~all act as City's liaison and supervise the
activities and operations of the restaurant manager and
head golf pro(essional.
14. Dubin shall operate and maintain the restaurant operation
in accordance with all federal, state and local government
laws and regulations, including health department
. regulations and state liquor board regulations.
15. ~Dubin' shall operate a full service restaurant in
,,; ... 'accordance with the terms and conditions of th~ alcohol ~
beverage license. :
I
,
..
i
.
EXHIBIT "B"
PERFORMANCE BONUS
FY '95 - '96
Delray Beach Municipal Golf Course
. Aerate greens, tees, and fairways at least two times during the year.
. Plan and implement grand opening program for new clubhouse October, 1995.
. Host many civic groups throughout the year in our new clubhouse.
. Establish specialized maintenance program for new landscaping around clubhouse and
specialty trees on the golf course by October, 1995.
. Increase golf related revenue by 5 % .
. Remove 20 Malelucca trees and replace with a different species.
. Increase participation in youth related programs by 5 % .
. Plan and implement clubhouse grand opening ceremonies and reception for October, 1995.
. Book at least $200,000 in banquet business.
. Develop a non-profit fee rate for tournaments by October, 1995.
. Complete range improvements by April 1996.
Lakeview Golf Course
. Increase Snack Bar revenues by 50% over FY '94-'95 projections.
. Increase number of rounds played by 20% over FY '94-'95 projections.
. Complete ADA required construction improvements by January, 1996.
. Complete all structural repairs, i.e., roof, maintenance building, by April 1996.
. Complete planned green, fairway, and bunker improvements by September, 1996.
.
d
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtt:n1
SUBJECT: AGENDA ITEM # ~.t: - MEETING OF AUGUST 1. 1995
FINAL PAYMENT/GEE AND JENSON EAP. INC.
DATE: JULY 28, 1995
This is before the Commission to approve final payment in the
amount of $755.00 to Gee and Jenson EAP, Inc. for consulting
services in conjunction with the City Hall Hurricane Hardening
Measures project.
The work has been completed as required in Service Authorization
No. II, and funding is available from General Construction Fund -
Capital Outlay - Buildings (Account No. 334-6111-519-62.10).
Recommend approval of Final Payment to Gee and Jenson EAP, Inc.
for services in conjunction with the City Hall Hurricane
Hardening Measures project.
~cm~
,
Agenda I tern No. f J;;
AGENDA REQUEST
Date: July 19, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: August 1, 1995
Description of item (who, what, where, how much): Staff request
City Commission approve Final Payment to Gee & Jenson EAP, Inc in
the amount of $755.00 for consulting services on the City Hall 1989
Addition - Storm Hardeninq Measures Proiect. The work has been
completed as required in Service Authorization No.ll. Fundinq is
available from Account #334-6111-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: NOT REQUIRED
Recommendation: Staff recommends City Commission approve Final
Payment to Gee & Jenson EAP, Inc. in the amount of $755.00 for
consulting services associated with City Hall Storm Hardening
Measures Project. ~
Department head signature: ~ ----~ .:v'~...
Determination of Consistency wi th Comprehensi ve Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: ESi 0
Funding alternative. ~ h Oi~~~
~ccountNo, . DesFf?!t'o~ -. 2:-1 . .
l}ccount Balance ~. 00 . V . d ~ .
City Manager Review: @NO
Approved for agenda: ffrl
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9482\agreq801
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jose AgUila~
Constructio anager
Date: July 19, 1995
Subject: AGENDA REQUEST
City Hall Storm Hardening Measures
Project No. 94-82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attached please find an Agenda Request for City Commission to
approve Final Payment to Gee & Jenson in the amount of $755.00 for
consulting services on the City Hall 1989 Addition - Storm
Hardening Measures Project. The work has been completed as
required on Service Authorization No.ll.
Funding is available from Account #334-6111-519-62.10.
cc: William Greenwood
File 94-82 (A)
\esd\9482\agmem801
.
C;4 - S;z. (r)
,
GEE & JENSON
Engineers-Architects-
Planners, Inc.
PLEASE REMIT TO P.O. Box 24600
West Palm Beach. Fl33416-4600
407/683-3301
JULY 11, 1995
INVOICE NO. 34527
PROJECT NO. 93-395.11
CITY OF DELRAY BEACH
ATTN: CITY ENGINEER
434 S. SWINTON AVE.
DELRAY BEACH, FL 33444
FOR: CITY HALL ADDITION STORM HARDENING MEASURES - PO # 528022
PROFESSIONAL SERVICES FOR THE PERIOD ENDING JUNE 30, 1995
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL FEE 7,550.00
PERCENT COMPLETE 100.00 FEE EARNED 7,550.00
TOTAL EARNED 7,550.00
PREVIOUS FEE BILLING 6,795.00
CURRENT FEE BILLING 755.00
- - - - - - - - - - - -
AMOUNT DUE THIS INVOICE $ 755.00
------------
------------
~ I CITY OF DELRA Y BEACH
I ENVIRONMENTALSERV:CES DEPARTMENT
I PAYMENT R:;VIEW
I C APPROVED ~:IAL PAYMENT
o NOT APPROVED INAL PAYMENT
P.O.:!: S;l ~O:2-<2-
BUDGET ACCT.#' -:SJ4.~{/I-Sl7-t:L {O
By:
(StGNATURE)
(PRINT)
! DATE:
-----~--_._,..~-_.. ~ ---
WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR
LABOR STANDARDS ACT OF 1938, AS AMENDED.
,
. .
CITY OF DELRA V BEACH
PROJECT INVOICING RECAP 1982 CITY HALL ADD.
JUNE 1995 STORM HARDENING
PURCHASE ORDER: 528022 SERVICE AUTHORIZATION NO. 11
TOTAL CONTRACT AMOUNT: $7,550.00
AMOUNT PREVIOUSLY BILLED: $6,795.00
PERCENTAGE COMPLETED: 100.0%
INVOICE AMOUNT: $755.00
INVOICE NUMBER: 34527
AMOUNT REMAINING TO BE INVOICED: $0.00
- .
. ~
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
F LOR IDA
II:Ie.d
AII.America City MEMORANDUM
, ~ III!
DATE: July 25, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City Attorn;?
SUBJECT: Petroleum Products SllPerfund Site Cooperating Party Agreement
The City Attorney's Office was presented with a proposal to enter into an agreement
with other entities involved in the clean-up of the Petroleum Products Superfund Site in
Pembroke Park, Florida. A contractor hired by the City allegedly sent approximately
750 gallons of used oil to the site in the 1970's; however, under the current law, the
City is a responsible party. At this time, parties who contributed substantially more
waste oil to the site than Delray Beach have organized a Cooperating Parties Group in
order to work with the United States Environmental Protection Agency (EP A) to recover
the used oil and remedy the problems at the site.
At this time, our office requests that the City Commission give direction as to whether
the City should enter into the Cooperating Parties Agreement. The initial cost to join the
group is $22,133.34. This cost will cover initial cleanup and all administrative fees.
The concern that the City Attorney's Office has with the agreement is that there is no
guarantee that the City's contribution would be limited to the initial payment. It is
possible that the group could request that the City contribute additional funds. Under the
terms of the agreement, if the City chose not to contribute additional money, the City
could be removed from the group and lose its initial contribution. Furthermore, even if
the City entered into the agreement, there is no guarantee that the EP A would not still
seek recovery costs in addition to what the City initially paid.
Consequently, the City Attorney's Office cannot recommend entering into this
agreement. Due to the small quantity of oil the City contributed, the uncertainty of the
Cooperating Group's finances, and the possibility of future litigation, the benefits to
entering into the agreement appear minimal. Outside environmental law counsel in
Washington, D.C. concur with our assessment.
@ Printed on Recycled Paper ~.F
.
.
City Commission
July 25, 1995
Page 2
In light of the foregoing, our office recommends that the City Commission reject the
Cooperating Parties Agreement at this time. Pleas(f place this matter on the August 1,
1995 consent agenda for City Commission consideration. Please call if you have any
questions.
DNT:smk
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
petro-2.dnt
~
COLL DAVIDSON CARTER SMITH SALTER & BARKETT
~ROF'ESSIONAl. ASSOCIATION
A....TORNEYS AT LAW
..JANIE L. ANDERSON
..JOHN M, BAR~ETT 3200 M'AM' CENTER
F'RANCIS L, CARTER 201 SOUTH B,SCAYNE BOULEVARD
MATTHEW ~, COGl.IANESE
NORMAN A. COl.L MIA"", FLORIDA 33131-2312
MICHAEl. ..J. COM~AGNO (30S) 373-S200
TED C. CRAIG
BARRY R. DAVIDSON TELECO~IER (30S) 37..-72ge
YAL.E ..J. F"ISHMAN
MICHAEL..J. HIGER
..JOI1N ..J. MCNAL.L.Y
GARY M. MUR~HREE ..JIMMY L. MORAl.ES
DARRELL. W. ~AYNE
VANCE E. SALTER ~I1YLL.IS SI1AM~ANIER
HARRIS C. SIS~IND OF" COUNSEL.
RICHARD C. SMITH
SHERRY A. STANl.EY
COURTNEY B. WIL.SON
May 26, 1995
--
Cooperating Party: CITY OF DELRAY BEACH
c/o David N. Tolces, Esquire
Assistant City Attorney
200 Northwest 1st Avenue
Delray Beach, Florida 33444
INVOICE FOR JOINDER. PARTICIPATION
AND INTERIM ASSESSMENT
Preliminary Funding Contribution $ 4,000.00
Cooperating Party Contribution $18,133.34
Interim Assessment $ -0-
TOTAL AMOUNT DUE $22,133.34
MAKE CHECK PAYABLE TO
COLL DAVIDSON CARTER SMITH SALTER & BARKETT
PPC OU#l ACCOUNT
3200 Miami Center
201 South Biscayne Boulevard
Miami, Fl 33131-2312
-
.
PETROLEUM PRODUCTS CORPORATION
SUPERP'OND SITE
AMENDED PRELnUNARY FUNDING AGREEMENT
1. This agreement is entered into among some of the
entities or persons ("Participating Parties") which the U.S.
Environmental Protection Agency ("EPA" ) has notified may be
potentially responsible to EPA on EPA's damages claim for
response costs incurred at the Petroleum Products Corporation
( " PPC" ) site in Pembroke Park, Florida. -
2. Each Participating Party agrees to contribute, and
hereby does contribute, the sum of FOUR THOUSAND AND OO/lOO
DOLLARS ($4,000.00) by check made payable to the Coll Davidson
Carter Smith Salter & Barkett, P.A. Trust Account. This sum will
be used to pursue activities of common interest to the
Participating Parties. These activities may include the
following:
a. Providing analysis and comment on plans for response
actions at the PPC site proposed by EPA or the Florida
Department of Environmental Resources ("FDER") ;
b. Investigating and notifying other parties who are
potentially responsible for response costs incurred at
the PPC site;
c. Analyzing the extent to which funds available under the
Florida Early Detection Incentive program may be used
to reimburse response costs at the PPC site; and
d. Undertaking such other activities as the Participating
Parties may authorize.
.
3 . Decisions regarding the expenditure of funds
contributed by the Participating Parties shall be made by
majority rule, either in writing or orally.
4. Activities undertaken pursuant to this agreement are in
defense of claims that may be asserted by EPA or FDER, and such
activities are subject to the privilege of joint defense and all
other applicable privileges.
5 . Entry into this agreement shall not be construed as an
admission of law or fact. Each Participating Party reserves all
~
rights, claims, and defenses it may have, including those with
respect to other Participating Parties.
6 . Any Participating Party may freely withdraw from this
agreement; however, any party that so withdraws shall not be
entitled to reimbursement of any funds contributed pursuant to
this agreement.
7. This agreement may be executed in separate parts, each
of which together shall constitute a single agreement.
.
Signature
Name (Printed) and Title
Company or Person Represented
Date
.
Petroleum Products Corporation Superfund Site
Preliminary Funding Agreement
ADDENDtJK NO.1
In consideration for their mutual promises and undertakings
and other valuable consideration and as reflected by the
execution of Addendum No. 1 below, the signatories to the
Petroleum Products Superfund Site Preliminary Funding Agreement
agree to the following:
Reallocation
Any final allocation of responsibility at the Petroleum
Products Site, whether by adjudication, by judicially approved
consent decree, or by agreement among the signatories to this
Agreement, shall be retroactively applied to contrib~ions made
under this Agreement, and shall apply prospectively to any future
costs to be incurred under this Agreement. Reallocation by
agreement among the signatories to this Agreement must be by
unanimous agreement. Any reallocation shall be set forth in
writing either, as a modification to this Agreement or as a
superseding agreement, and shall set forth credits and debits to
adjust amounts paid or received by each signatory under this
Agreement. Within thirty (30) days of the execution of such
reallocation agreement, the signatories to this Agreement shall
make such payments to each other as are set forth in such
reallocation agreement. The Town of Golden Beach, Miami Shores
Village, Inc. and Rich Motors, Inc. are not subject to this
paragraph without prejudice to any rights or claims that the
remaining signatories may have against them.
Signature
Name (Printed) and Title
Company or Person Represented
Date
(26.167)
Page 3
.
Amended ParticiDation Aqreement
This Amended Participation Agreement is entered into by
Cooperating Parties at the Petroleum Products Corporation
("PPCII ) Superfund site located at 3130 Southwest 19th Street,
Pembroke Park, Broward County, Florida (lithe Sitell) as of
, 1995.
The premises for this Participation Agreement are:
A. The Environmental Protection Agency (IIEPAII) ,
charged with enforcement of the federal Superfund law,
determined in an Interim Record of Decision dated October 5,
1990, that the Biscayne Aquifer located beneath the Site has
been damaged and that remedial action must be taken. EPA was
primarily seeking the removal of free product from the aquifer
through what EPA calls Operable Unit #1.
B. EPA is planning additional operable units for the
Site, the costs of which are currently estimated to range
approximately between $2 million and $40 million.
C. Cooperating Parties have been identified as
potentially liable persons to the United States under the
federal Superfund law for damages at the Site. Some
Cooperating Parties, along with other persons, received a
Special Notice Letter from EPA under Section 122 of the
federal Superfund law, giving them the option of implementing
OU#l by entering into a Consent Decree approved by the United
States District Court for the Southern District Court of
Florida binding them to conduct the work required to complete
OU#l, or facing litigation by the United States for damages
incurred by the United States in implementing OU#l. Other
Cooperating Parties were identified by the United States
subsequent to the issuance of Special Notice Letters and
received a General Notice Letter from the United States
identifying them as potentially responsible parties for
.damages associated with the Site.
D. Some of the Cooperating Parties who received
Special Notice Letters entered into a Consent Decree. Each
such Cooperating Party individually decided to execute the
Consent Decree which EPA required Cooperating Parties to sign
in order to conduct OU#l, in lieu of the litigation threat
that accompanied EPA's Notice Letters. As a result, these
Cooperating Parties are required to implement a Scope of Work
'prepared by EPA to carry out the tasks required to complete
OU#l (lithe Work II ) .
-1-
.
E. Some of the PRPs who received General Notice
Letters have decided to become Cooperating Parties in an
effort to minimize their liability to the United States for
damages and to minimize their transactions costs with respect
to this Site.
F. Cooperating Parties believe that controlling the
conduct of OU#l will reduce the present and future damages
claims of the United States and will mitigate the potential
for additional damage to the aquifer.
G. Cooperating Parties believe that controlling
implementation of OU#l will enable them to minimize or
significantly reduce the costs of future operable units.
H. The Site has qualified for reimbursement of
certain remedial action expenses from the Inland Protection
Trust Fund (IPTF) , created by the Florida Legislature under
Chapter 376, Florida Statutes. The State of Florida
Department of Environmental Regulation administers the IPTF.
By working together, Cooperating Parties hope to obtain the
maximum amount of reimbursement for their work from the IPTF.
I . Cooperating Parties recognize that past data
gathering efforts by EPA have not fully delineated soil or
groundwater impacts at the Site and that such information will
be required as part of Operable Units #2 or 3. By working
together, Cooperating Parties hope to minimize the cost of
such work.
J. A Work Plan for the conduct of OU#l and to meet
additional data needs has been approved by EPA. By
implementing this Work Plan successfully, Cooperating Parties
hope to complete remedial design tasks that will permit a cost
effective remedy to be implemented at the Site.
K. Numerous other PRPs have been identified by the
,United States as liable parties but have chosen not to
participate with Cooperating Parties. Cooperating Parties
have claims against such recalcitrant PRPs under the federal
Superfund law. They further recognize that their cooperation
with each other and the United States should be taken into
account by the district court in allocating responsibility for
damages associated with the Site. By working together,
Cooperating Parties believe they can minimize their costs of
pursuing recalcitrant PRPs.
L. An allocation formula has not yet been prepared
for the Site. By working together, Cooperating Parties have
demonstrated a commitment to develop such a formula and to
-2-
.
reallocate contributions made under this Agreement according
to such reallocation.
M. In entering into this Agreement, Cooperating
Parties do not admit that they have any liability under the
federal Superfund law, state law, or the common law, for the
damages claims of the United States or the claims of any other
person. To the contrary, they specifically deny any such
liability. Rather, their interest is in establishing a
sensible framework for a large group of parties to perform the
Work in a cost-effective manner, consistent with the terms of
the Consent Decree, and to cooperate among themselves in this
effort to achieve the goals set forth above.
In consideration of the premises, mutual covenants and
conditions herein contained, Cooperating Parties, therefore,
agree as follows:
, 1. Payments
Each Cooperating Party shall pay into trust the amount
appearing on Exhibit A attached to this Agreement within 30
days of the execution of this Agreement. Payments shall be
made to the ColI Davidson Carter Smith Salter & Barkett P.A.
PPC OU#l Trust Account, unless otherwise agreed to by the
Cooperating Parties. These funds shall be referred to as the
"PPC OU#l Trust Fund." Funds ("OU#l Funds") contributed by
each Cooperating Party shall be used for any purpose necessary
to meet the obligations or needs of the Cooperating Parties
under this Agreement, including the conduct of OU#l under the
terms of the Consent Decree, satisfaction of administrative
needs of the Cooperating Parties, completion of applications
for reimbursement from the IPTF, payment of Future Response
Costs (as defined in the Consent Decree), and, should they be
i~posed, payment of stipulated penalties.
2. Project Coordinator
Cooperating Parties may designate one or more persons
to administer OU#l Funds on behalf of Cooperating Parties
("Project Coordinator"). Such coordinators may be employees
or agents of the Cooperating Parties. Subject to the
determination of the Cooperating Parties, they may be given
the authority to direct and to manage the compliance by
'Cooperating Parties with the Consent Decree, retain
consultants to do the Work, approve disbursements of OU#l
Funds for the Work, call meetings and make periodic reports to
Cooperating Parties on the progress of the Work, the status of
OU#l Funds, and the status of applications for reimbursement
from the IPTF.
-3-
.
3. Additional Assessments
In the event that additional assessments are required
to complete the Work or to conduct other work approved by
Cooperating Parties under this Agreement, seventy-five percent
(75%) of the voting power represented at the time of the vote
is required to approve such additional assessments. Once
approved, Cooperating Parties shall contribute additional
funds according to the formula and schedule and subject to the
limitations set forth in Exhibit B. Cooperating Parties
acknowledge that agencies of the Department of Defense that
become Cooperating Parties may have to consent to additional
assessments before they may be imposed on such Parties.
4. Reimbursement
Upon the receipt of funds from the IPTF, reimbursement
to Cooperating Parties of funds that they have contributed
shall be made in accordance with the formula set forth in
Exhibit C.
5. Reallocation
Cooperating Parties will prepare an allocation of
.responsibility by which they will reallocate the amounts paid
by them under this Agreement. Such a reallocation shall be
retroactively applied to costs under this Agreement, and shall
apply prospectively to any future costs to be incurred under
this Agreement. Reallocation by agreement among Cooperating
Parties must be by unanimous agreement and must occur by the
date set by EPA for the execution of a consent decree related
to any future operable units at the PPC site. If unanimity
cannot be obtained, dissenting Cooperating Parties shall be
'excluded from reallocation, including reallocation involving
federal governmental agencies (such as Department of Defense
Agencies) or quasi-agencies (such as the United States Postal
Service) , and all other Cooperating Parties will implement the
reallocation. Any reallocation shall be set forth in writing
either as a modification to this Agreement or as a superseding
agreement, and shall set forth credits and debits to adjust
amounts paid or received by each Cooperating Party under this
Agreement. Within thirty (30) days of the execution of such
reallocation agreement, the Cooperating Parties shall make
such payments to each other as are set forth in such
reallocation agreement. The parties set forth on Appendix E
and any Cooperating Party that dissents from reallocation are
not subject to this paragraph without prejudice to any rights
or claims that the remaining Cooperating Parties may have
against them.
-4-
.
6. Additional Cooperating Parties
Additional parties may become signatories to this
Agreement upon such conditions as may be determined by the
Cooperating Parties. Each such additional party shall execute
this Agreement, and shall simultaneously pay into the Trust
holding OU#l Funds the amount agreed to by the additional
party and the Cooperating Parties. Exhibit A shall be amended
to reflect the contribution of the additional party.
7. Federal Cooperating Parties
Cooperating Parties may enter into an agreement with
agencies of the Department of Defense, or other federal
agencies, to allow their participation with Cooperating
Parties in the joint funding of OU#l or other work conducted
under this Agreement. Cooperating Parties may designate a
person to execute such an agreement as their authorized
representative. Contributions made by agencies of the
Department of Defense, or other federal agencies, shall be
shown on Exhibit A and shall be taken into account for other
purposes under this Agreement as if these agencies were
.signatories to this Agreement.
8. Decisions of Cooperating Parties
Cooperating Parties shall endeavor to reach a consensus
on any decision that must be made by Cooperating Parties under
this Agreement or to satisfy the terms of the Consent Decree.
To the extent that a consensus cannot be reached, each
Cooperating Party shall have a vote equal to the percentage of
,the Cooperating Party's actual dollar contribution to OU#l
Funds divided by the total OU#l Funds received ( "voting
power") , as of the time of vote. No Cooperating Party may
vote unless all contributions required of the Cooperating
Party have been paid as of the time of the vote. Thirty
percent of the eligible voting power, in person or by proxy,
shall constitute a quorum. Except as otherwise provided in
this Agreement, a majority vote of the voting power
represented at the time of the vote is required to decide
'issues put to a vote by Cooperating Parties.
9. Meetings
Cooperating Parties may authorize actions under this
Agreement at meetings. Such meetings shall be held from time
to time in person or by telephone conference. Meetings may be
called by counsel that may be retained by the Cooperating
,Parties, or by, at least, six Cooperating Parties, or, if one
is named, by a Project Coordinator. When feasible, a meeting
will be held after, at least, five days notice to all
-5-
Cooperating Parties, although meetings may be held on less
notice where necessary. Notices of a meeting may be made by
telephone, mail, facsimile transmission, or overnight
delivery. Cooperating Parties may also authorize actions upon
written votes without a meeting after all Cooperating Parties
have been notified of the issue requiring a decision.
10. Cooperation
Each Cooperating Party will cooperate with each other
to facilitate the completion of the Work in a timely and cost-
effective manner. Each Cooperating Party shall execute an
assignment of rights to reimbursement from the IPTF attached
hereto as Exhibit D in order to permit the DER to make
reimbursement to the Cooperating Parties' PPC OU#l Trust Fund
and shall execute whatever applications for reimbursement or
other documents might be required by the DER to facilitate
prompt reimbursement by the DER. --
11. Committees
Cooperating Parties may form committees as they see fit
to carry out the purposes of this Agreement.
12. Documents
Documents generated under this Agreement shall be
maintained at a place determined by the Cooperating Parties.
Cooperating Parties shall each have access to such documents.
13. Denial of liability
Nothing in this Agreement is intended, or shall be
construed to be, an admission by any Cooperating Party as to
any fact or law, or an estoppel or a waiver of defenses,
cross-claims, or third-party claims which may be asserted by
any Cooperating Party should any litigation ever result,
,involving the Site. Participation in this Agreement shall not
be presumptive of or used as evidence of the liability or
apportionment of liability, if any, for any costs associated
with the Site.
14. Privilege and Nondisclosure
This Agreement is a confidential joint defense
undertaking and shall not be disclosed to nonsignatories
.without consent of the Cooperating Parties, unless ordered to
do so by a court or otherwise required by law, or unless
necessary to enforce its terms. If this document is requested
-6-
.
of a Cooperating Party in discovery proceedings in future
litigation, the Cooperating Party shall assert a claim of
privilege.
15. Successors and Assigns
This Agreement shall be binding upon the successors and
assigns of the Cooperating Parties. No assignment or
delegation of the obligation to make any payment or
reimbursement hereunder will release the assigning Cooperating
Party without the prior written consent of the other
Cooperating Parties.
16. Allocation in the Event of Default
A majority of the voting power of Cooperating Parties
shall have the authority to declare any Cooperating Party to
be in default under this Agreement where said Member-has
failed to satisfy any obligation in a timely manner. The
unpaid balance of any defaulting Cooperating Party's share
will be assessed according to the formula set forth in Exhibit
B (without waiving any rights such Cooperating Parties may
have against the defaulting Cooperating Party or its
successors or assigns) . Subject to the provisions of Paragraph
5 and Exhibit C of this Agreement, a defaulting Cooperating
Party is not entitled to the return of any funds paid under
this Agreement. If the payment set forth on Exhibit A has
been paid by the defaulting party, a defaulting party ( a)
shall not be liable for breach of this Agreement for failure
to pay additional assessments approved by Cooperating Parties
under Paragraph 3 without prejudice, however, to the claims of
Cooperating Parties against such defaulting party under the
Superfund law or any other statute, the common law, or the
Consent Decree, and (2 ) shall lose any protections afforded
such defaulting party under this Agreement or the Consent
Decree.
17. Waiver and Release of Liability
No Cooperating Party or its representative, nor any
person or entity authorized to act on behalf of Cooperating
Parties, shall be liable to any Cooperating Party for any
claim, demand, liability, cost, expense, legal fee, penalty,
loss or judgment incurred or arising as a result of any acts
'or omissions taken or made pursuant to this Agreement.
Nothing in this Agreement shall constitute a waiver or release
of any contribution or indemnification claim or potential
claim by one Cooperating Party against any other Cooperating
Party. This paragraph shall survive the termination of this
Agreement.
-7-
.
18. Notice
All notices, bills, invoices, reports, and other
communications with a Cooperating Party shall be sent to the
representative designated by the Cooperating Party beneath the
Cooperating Party's signature at the end of this Agreement.
Each Cooperating Party shall have the right to change its
representative upon ten (10) days written notice to a Project
Coordinator or to any other person designated by Cooperating
Parties to receive such information.
19. Effective Date
The effective date of this Agreement shall be the date
first stated above.
20. Ter.mination
This Agreement shall terminate upon the termination of
the Consent Decree or the implementation of Paragraph 5,
whichever occurs later.
21. Amendments
This Agreement may be amended only by unanimous
'agreement of the Cooperating Parties.
22. Severability
If any provision of this Agreement is deemed invalid or
unenforceable, the balance of this Agreement shall remain in
full force and effect.
23. Entire Agreement
This Agreement constitutes the entire understanding of
the Cooperating Parties with respect to its subject matter and
supersedes all prior agreements or understandings, whether .
oral or written, among or between Cooperating Parties.
24. Applicable Law
For purposes of enforcement or interpretation of the
provisions of the Agreement, Cooperating Parties agree that
the laws of the State of Florida shall be applicable, and
further agree not to contest personal jurisdiction in the
State Court of Florida located in Dade or Broward County,
Florida or the United States District Court located in the
Southern District of Florida with respect to litigation
brought for such purposes.
-8-
25. Separate Documents
This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same
instrument.
26. Nature of Agreement
Nothing herein shall be deemed to create a partnership
or joint venture and/or principal and agent relationship
between or among the Cooperating Parties.
27. Periodic Accounting Reports
Cooperating Parties will cause periodic accounting
reports to be rendered on the handling and disbursement of
funds contributed under this Agreement. --
28. Waiver of Conflict of Interest
With respect to common counsel for Cooperating Parties,
each Cooperating Party agrees that: (1) it will not claim or
assert that, based solely on such counsel's past or present
representation of a Cooperating Party, said counsel has a
conflict of interest in performing legal services for
Cooperating Parties; (2) it will not claim or assert that,
based solely on said counsel's representation of Cooperating
Parties under the terms of this Agreement, said counsel has a
conflict of interest in connection with any representation of
any other person or entity in any other matter involving a
.Cooperating Party; (3) it will not claim or assert that, based
solely on said counsel's representation of Cooperating
Parties, said counsel has a conflict of interest in any future
representation of any person or entity unless the subject
matter relating to said representation arises out of or is
connected to the PPC Site and involves or could involve any
facts or information obtained from the Cooperating Party
during the term of this Agreement; (4) in the event that any
conflict develops in the performance of work by said counsel
for Cooperating Parties as a whole and the legal services
authorized by any Cooperating Party that has retained that
counsel, the Cooperating Party consents to that counsel's
continued performance of the work for the Cooperating Parties
as a whole.
29. Execution of Consent Decree
If a Cooperating Party that is not yet a signatory
'wishes to execute the Consent Decree, Cooperating Parties
agree that they will use their best efforts to arrange with
-9-
.
the United States for a mechanism by which such Cooperating
Parties may do so. With respect to any Cooperating Party that
chooses not to execute the Consent Decree, Cooperating Parties
will advise, EPA in an appropriate manner of the cooperation
and commitment of the parties to the fair resolution of
environmental and allocation issues related to the Site.
Cooperating Parties who do not execute the Consent Decree are
entitled to contribution protection to the same extent as that
received by Cooperating Parties who are signatories, provided
that they are not defaulting parties under Paragraph 16 or
dissenting parties under Paragraph 5.
IN WITNESS WHEREOF, the Cooperating Parties hereto,
which may be by and through their appointed counsel, enter
into this Agreement as of the date first written above. Each
person signing this Agreement represents and warrants that he
or she has been duly authorized to enter in this Agreement by
the company or entity on whose behalf it is indicated that the
person is signing.
Dated:
Cooperating Party:
By:
(Name and Title)
Designated Representative For Receipt of Notice and
. Invoices:
Name:
Address:
Telephone Number:
Facsimile Number:
-10-
.
Exhibit A (Amendment 3)
(Revised 5/18/95)
Cooperatinq Party Amount
Unconditional Cooperating Parties*
l. Action Hydraulics $ 18,133.34
2. Asplundh $ 18,133.34
3. Avis Rent A Car System, Inc. $ 18,133.34
4. Baptist Hospital $ 18,133.34
5. BellSouth Telecommunications $ 18,133.34
6. Bill Ussery Motors, Inc. $ 18.133.34
7. Blaylock Oil Company $ 18,133.34
8. Bradford Marine $ 18,133.34
9. Braman Management Association $ 18,133.34
- N.B. Motors, Inc.
- Braman Cadillac, Inc.
- Braman Imports, Inc. -
10. Bridgestone/Firestone $ 18.133.34
1l. Broward County $ 18,133.34
12. Carolina Freight $ 18,133.34
13. Chevron - For Kewanee Indus. $ 18,133.34
14. City of Delray Beach $ 18,133.34
15. City of Fort Lauderdale $ 18.133.34
16. City of Hialeah $ 18,133.34
17. City of Homestead $ 18,133.34
18. City of Miami $ 18,133.34
19. City of Miami Beach $ 18,133.34
20. City of Miramar $ 18.133.34
2l. City of Sunrise $ 18.133.34
22. Coastal Fuels Marketing $ 18,133.34
23. Connor Brown Cadillac $ 18,133.34
24. CSX Transportation, Inc. $ 18,133.34
25. Dade County School Board $ 18,133.34
26. Delta Air Lines, Inc. $ 18,133.34
27. Metropolitan Dade County $ 18,133.34
28. DeVoe Cadillac $ 18,133.34
29. Exxon Company. U.S.A. $ 18,133.34
30. Florida Coca Cola Bottling Co. $ 18,133.34
3l. Florida Dept. of Transportation $ 18,133.34
32. Florida Power & Light Co. $ 18.133.34
33. General Motors Corp. $ 18.133.34
34. General Tire Corporation $ 18,133.34
35. Gold Coast Volvo $ 18.133.34
36. Goodyear Tire & Rubber Co. $ 18,133.34
37. Great Lakes Dredge $ 18.133.34
38. Greyhound Bus Lines $ 18.133.34
39. Gulfstream Motors $ 18,133.34
40. Harbor Chrysler-Plymouth $ 18,133.34
4l. Hertz Corporation $ 18.133.34
42. IMC Agrico Company $ 18,133.34
43. ITT Semiconductors Corp. $ 18,133.34
44. J.C. Penney $ 18,133.34
45. J.I. Case Corporation $ 18,133.34
46. J.M. Pontiac $ 18.133.34
47. K-Mart Corporation $ 18.133.34
48. Marlin Imports, Inc. $ 18,133.34
49. MasTec, Inc. f/k/a Burnup & Sims $ 18,133.34
50. McArthur Dairy, Inc. $ 18.133.34
5l. Merrill-Stevens DryDock Company $ 18.133.34
52. Metropolitan Dade County (Buses) $ 18,133.34
53. Miami Herald Publishing Co. $ 18,133.34
11
.
54. Oxy USA Inc. $ 18,133.34
55. Palm Beach County $ 18,133.34
56. pembroke Park Whses/Filmore $ 18,133.34
57. Petroleum Products Corp. $ 18,133.34
58. Powell Motors $ 18,133.34
59. Publix Supermarkets, Inc. $ 18,133.34
60. Purolator Courier Corp./Emery $ 18,133.34
6l. Racal Data Communications $ 18.133.34
62. Related Lincoln Mercury Dealers $ 18.133.34
- Miami Lincoln Mercury
- Ft. Lauderdale Lincoln Mercury
- Lauderdale Imports
- Hollywood Lincoln Mercury
- Pompano Lincoln Mercury
63. Richard Bertram & Company $ 18.133.34
64. Ricky's Oil Service $ 18,133.34
65. Rybovich Group**: (1/3 each)
- Rybovich Corp. $ 6,044.44
- Fisher Marina, Inc. $ 6,044.44
- Rybovich & Sons Boat $ 6,044.44
66. Rinker Materials Corporation $ 18,133.34 --
67. Royal Caribbean Cruises, Ltd. $ 18.133.34
68. Ryder Truck Rental $ 18,133.34
69. Safety-Kleen Corp. $ 18,133.33
70. Sears $ 18,133.34
7l. Shell Oil Company $ 18.133.34
72. Southland Corp. (Velda Farms) $ 18,133.34
73. Southern Wire Cloth Co. $ 18,133.34
74. St. Ives, Inc. $ 18,133.34
75. Texaco $ 18,133.34
76. TJX Companies $ 18,133.34
77. Tom Endicott Buick, Inc. $ 18,133.34
78. Tropical Shipping (Birdsall. Inc. ) $ 18,133.34
79. U.S. Cold Storage $ 18,133.34
80. Waldron's Tank Service $ 18,133.34
8l. W.R. Grace & Co. $ 18,133.34
82. York International Corp. $ 1.8,133.34
Receipts From Federal SettinQ AQencies
83. U.S. Dept. Air Force $ 18.133.34
84. U.S. Dept. Army $ 18,133.34
85. U.S. Coast Guard $ 18.133.34
86. Defense Reutilization & Marketing $ 18,133.34
87. Dept. of Navy $ 18,133.34
88. U.S. Postal Service $ 18,133.34
Conditional Cooperating Parties
89. Miami Shores Village $ 5,000.00
90. Rich Motors, Inc. $ 5,000.00
9l. Town of Golden Beach $ 5.000.00
Total Receipts: $1,610,733.90
* An Unconditional Cooperating Party is one which has made a
contribution equal to the per capita contribution level of $18,133.34.
** Each member of the Rybovich Group will contribute one-third of the
per capita contribution level and shall each have a voting power equal to
the percentage of their individual contribution di vided by the budget
total.
(25653 )
12
.
Exhibit B (Amendment 1)
Subject to the limitations below, the formula for additional
assessments by the Cooperating Parties is as follows:
1. Seventy-five percent (75%) of the voting power repre-
sented at the time of the vote is required to approve additional
assessments and their amount.
2 . Each Cooperating Party shall then pay into the PPC OU#l
Trust Fund an amount equal to the product derived by multiplying
the percentage determined by dividing the contribution of the
Cooperating Party by the total funds contributed, both as shown
on Exhibit A, by the amount of the assessment. ~
3 . If reallocation has first occurred pursuant to Para-
graph 5 of the Agreement, then the allocation applicable under
Paragraph 5 shall be the percentage used for each Cooperating
Party's share of an additional assessment.
4 . Payments shall be made within 14 days after the assess-
ment is approved by the Cooperating Parties under Paragraph 3 of
the Agreement.
5 . In the event that a Cooperating Party is declared in
default under Paragraph 16 of the Agreement, the remaining Coop-
erating Parties shall pay their proportionate share of the
defaulting Cooperating Party's share within 14 days after the
declaration of default.
6. The following limitations apply to the application of
this formula. First, because of their potential inability to pay
additional assessments, they shall not be imposed on the Town of
Golden Beach, Miami Shores Village, Inc., or Rich Motors, without
their approval. Second, additional assessments that raise the
per capita contribution level above $25,000 ($18,133.34 in the
case of Dade County Schools) shall not apply to the City of
Hialeah, City of Homestead, City of Miami, City of Miami Beach,
City of Miramar, City of Sunrise, Dade County Schools, State of
Florida Department of Transportation, or Palm Beach County with-
out their approval, with the understanding that such entities
will address such additional assessments in good faith. In the
event that an Unconditional Cooperating Party elects not to make
additional assessments approved under this Agreement, such party
shall become a Conditional Cooperating Party in Exhibit A, and
will be in default under this Agreement.
-13-
.
Exhibit C
Reimbursement to Cooperating Parties of monies received from
the Inland Protection Trust Fund shall be as follows:
l. Monies shall be deposited into the PPC OU#l Trust Fund.
2. Before reallocation under Paragraph 5, eighty percent
(80%) of the monies shall be disbursed to the Cooperating Party
or Parties which have contributed the largest sum to the PPC OU#l
Trust Fund in equal amounts until the sums contributed by such
Cooperating Party or Parties are equal to the next lowest con-
tributor, and so on until all of the monies are disbursed. After
reallocation, the monies shall be disbursed to the Cooperating
Parties in proportion to the contribution made by such-Cooperat-
ing Parties.
3. The Cooperating Parties currently anticipate phased
reimbursements. Hence, the procedure outlined in Paragraph 2 of
Exhibit C shall be followed for each reimbursement event: 20%
shall be retained and 80% shall be distributed, gradually reduc-
ing the contributions of the largest Cooperating Party contribu-
tors to the level of the smallest contributors, or, if realloca-
tion has been completed, disbursing funds in proportion to the
contribution made by each Cooperating Party.
4. Following completion of OU#l or the termination of this
Agreement, whichever comes first, the 20% retainage will be dis-
tributed in proportion to each Cooperating Party's then existing
share of OU#l Funds contributed by the then remaining Cooperating
Parties.
5. Monies reimbursed for expenses incurred solely by Petro-
leum Products Corporation shall be paid to Petroleum Products
Corporation.
-14.-
,
Exhibit D
assigns to the PPC OU#l Trust Fund
its rights to or interest in the reimbursement of monies from the
Inland Protection Trust Fund for expenses incurred by Cooperating
Parties in implementing Operable Unit #1 under a Consent Decree
with the Environmental Protection Agency. This assignment is
made to permit the Department of Environmental Regulation of the
State of Florida to make reimbursement payments to Coo~erating
Parties as a whole through the PPC OU#l Trust Fund. Undersigned
wa~ves any rights it may have against the DER to receive payment
directly. Undersigned party acknowledges that DER will rely on
this assignment and waiver in order to make payment directly to
the PPC OU#l Trust Fund.
Cooperating Party
.
By:
Dated:
~15-
.
Exhibit E
The following parties are not subject to reallocation under
Paragraph 5 of the Agreement without prejudice to the rights or
claims that the remaining Cooperating Parties may have against
them:
The Town of Golden Beach
Miami Shores Village, Inc.
Rich Motors, Inc.
-
-16-
.
Exhibit F
Au~horization to Convert PPC OU#l Trust Fund
To an Interest Bearing Account
On behalf of , I
want to convert the PPC OU#l Trust Fund to an interest bearing
account. I understand that any interest earned will remain with
the Trust Fund but that the interest income will be apportioned
according to the percentage share of the total of the Fund con-
tr~buted by each entity contributing to the Trust Fun~ A 1099
form or similar document identifying the interest earned shall be
sent to the following person or department (please type of print
neatly) :
The applicable Federal Tax Identification Number is:
I
Name of Cooperating Party or
Settling Federal Agency
By:
(Authorized Representative)
Date:
(20020)
-17-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl11.
SUBJECT: AGENDA ITEM # 'lG. - MEETING OF AUGUST 1. 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 28, 1994
Attached is the Report of Appealable Land Use Items for the
period July 17 through July 28, 1995. It informs the Commission
of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend approval of appealable actions for the period stated;
receive and file the report as appropriate.
"
oK
~
CITV COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT: MEETING OF AUGUST 1, 1995 * CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS
JUL Y 17. 1995 THRU JUL Y 28. 1995
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of July 17, 1995,
through July 28, 1995.
BACKGROUND
This is the method of informing the City Commission of land use actions, taken
by designated Boards, which may be appealed by the City Commission. After
this meeting, the appeal period shall expire (unless the 10 day minimum has not
occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next
meeting of the Commission as an appealed item.
,
City Commission Documentation
Appealable Items Meeting of August 1, 1995
Page 2
PLANNING AND ZONING BOARD MEETING OF JUL V 17. 1995
A. Continued (6 to 0), the temporary closure request for Eve Street.
B. Determined on a 4 to 2 vote that auto storage and transport is similar to
the conditional uses within the Industrial zone district.
The Planning and Zoning Board also considered the following items which will be
forwarded to the City Commission for final action:
* Recommended denial (6 to 0), of an abandonment request for a portion of
N.E. 1st Court lying adjacent to the Intracoastal Waterway.
* Recommended approval (6 to 0), of a conditional use request associated
with the expansion of the Straghn Funeral Home, located on the west side
of S.W. 5th Avenue, south of Atlantic Avenue.
* Recommended approval (6 to 0), of an annexation with initial zoning of
PRD-5 (Planned Residential Development 5 units per acre); RM-8
(Medium Density Residential 8 units per acre); OS (Open Space) and
SAD (Special Activities District) for the Bloods Hammock Groves, located
south of Linton Boulevard and east of Military Trail.
* Recommended approval ( 6 to 0), of an annexation with initial zoning of
RM (Medium Density Residential) and RM-6 (Medium Density Residential
6 units per acre) for the Jones Property located on the north side of
Atlantic Avenue, immediately east of Carver Middle School.
* Recommended denial (6 to 0), of a conditional use request associated
with the establishment of an alcohol and drug abuse treatment facility in
the RM (Medium Density Residential) district, located at the northeast
corner of Linton Boulevard and S.W. 8th Avenue,
* Recommended adoption (5 to 0), of Comprehensive Plan Amendment
95-1.
* Recommended approval (6 to 0), of an amendment to the Land
Development Regulations regarding restrictions on advertising on
automobiles.
.
City Commission Documentation
Appealable Items Meeting of August 1, 1995
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUL V 26.
~
1. Approved (6 to 0), a request for a color change to an existing commercial
building, Wok and Go, located on the east side of N.E. 6th Avenue
between N.E. 5th Street and N.E. 6th Street.
2. Approved (6 to 0), a request for an elevation change associated with the
addition of a mural on the east and west sides of an existing commercial
building, Mario's Market, located on the south side of West Atlantic
Avenue, west of S.W. 11th Avenue.
3. Approved (5 to 0), a request for a color change to an existing commercial
building, Atlantic Verticals and Carpet, located at the northeast corner of
N.E. 5th Avenue and N.E. 1st Street.
4. Approved (6 to 0), a request to allow a change in the exterior building
material for an existing commercial building, Congress Plaza, located on
the east side of Congress Avenue south of Atlantic Avenue.
5. Granted (6 to 0), an 18 month extension to the approved site plan for the
Camino Real Holiday Inn, located on the northwest corner of A-1-A and
Atlantic Avenue.
6. Approved the site plan (6 to 0), and the landscape plan (5 to 1), with
conditions, associated with the development of a 144 unit multi-family
project, Lindell Village, located at the southwest corner of Federal
Highway and Lindell Boulevard. The Board tabled the architectural
elevations due to the lack of architectural details at the end buildings.
Concurrently, the Board acted on several requests for waivers and relief, namely:
* Approved the request to eliminate the sidewalk requirement along Dixie
Highway;
* Denied the request to eliminate the sidewalk requirement along
Lindell Boulevard and Federal Highway;
* Approved an internal adjustment to reduce the required 30'
building setback along the access road/tract;
* Approved an internal adjustment not to provide a 4' offset for the
buildings;
.
City Commission Documentation
Appealable Items Meeting of August 1, 1995
Page 4
* Approved an internal adjustment to reduce the building separation
requirements;
* Approved an internal adjustment to reduce the standard aisle width
from 24 feet to 22 feet; however the aisle width at the south end on the
project must be 24' .
HISTORIC PRESERVATION BOARD MEETING OF JUL V 19, 1995
X. Approved (7 to 0), a Certificate of Appropriateness associated with the
construction of a handicapped access ramp and entrance at the Blanc
House, located at the northeast corner of S.E. 6th Avenue and S.E. 1st
Street.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
.
LOCATION MAP FOR
CITY COMMISSION MEETING
OF AUGUST 1, 1995
L-30 CANAL
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L-3B CANAL C-15 CANAL .
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S.P.R.A.B. P. de Z.:
ell'( LlM1TS -.-.--...-
1. - WOK AND GO A. - EVE STREET CLOSURE
2. - MARIO'S NARKET
J MILE I 3. - ATlANTIC VERTICAl.. ok CARPET
I 4. - CONGRESS PLAZA
SCALE 5. - CaMINO REAL HOLIDAY INN
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N . . ..
- X. - THE BLANC HOUSE
CITY OF DELRAY aEACH, FL
PlANNING DEPARfMEN1
-- OJGIrAL S4.5F JIAP SYSTEM --
.
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fI't1
SUBJECT: AGENDA ITEM # ~. fl. - MEETING OF AUGUST 1. 1995
AWARD OF BIDS AND CONTRACTS
DATE: JULY 28/ 1995
This is before the Commission to approve the award of the follow-
ing'bids and contracts:
1. Bid Award - to Aikman Corporation for the construction of
two restroom facilities at the Municipal Golf Course, in an
amount not to exceed $42,200, from Municipal Golf Course -
Parks and Recreation - Building (Account No. 445-4761-572-
62.10) through budget transfer from 445-4761-572-63.90 and
64.90.
2. Bid Award - to Florida Design Contractors, Inc. in the
amount of $963,653.50 for the final phase of the first stage
development of the Morikami Wellfield, with funding from
1993 Water and Sewer Revenue Bond - Wells Morikami Park
(Account No. 440-5179-536-63.61) , through budget transfer
from 440-5179-536-63.54, 63.55, 63.56, 63.57, 63.58.
.
Agenda Item No. g 1/, /
AGENDA REQUEST
Date: July 25, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: August 1, 1995
Description of item (who, what, where, how much): Staff request
Ci ty Commission award a qeneral construction contract to Aikman
Corporation for the construction of two ( 2) restroom buildings at
the City Municipal Golf Course. The contract amount shall be for
a not to exceed $42,200.00. Fundinq is available from Account
#445-4761-572-62.10.
ORDINANCE/RESOLUTION REQUIRED: NOT REQUIRED
Recommendation: Staff recommends City Commission approve award a
general construction contract to Aikman Corporation for the
construction of two ( 2 ) restroom buildinqs at the City Municipal
Golf Course Pro"ect. The ro"ec number is 94-30.
Department head signature: cJI~
Determination of Consistency with Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available~NO
Funding alternatives I.A (if applicable)
Account No. & Description - -5'7- - /0 ~a~ !',4,{!.Mf;(-fC ALP?)
Account Balance If l{;}. ;)''$L.f so :fL2.i~.Q) + "I{Jln!T 7"'RttW~ ~ (,~, ')
. Jd:;f;.. "1 bd c, ( ~
City Manager Review: ~'
Approved for agenda: ES/NO .. ..~?
Hold Until: . (JG
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9430\agreq801
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
city Manager
From: Jose Aguila~
constructio~~ager
Date: July 25, 1995
Subject: AGENDA REQUEST
Golf Course Restroom Facility
Project No. 94-30
.................................
Attached is an Agenda Request for City Commission to consider award
of a general construction contract to Aikman Corporation for the
construction of two (2) restroom facilities at the City Municipal
Golf Course.
As you may recall, the City received two bids on June 29, 1995
which were extremely over both budget and reason. At the City
Commission meeting of July 18, 1995, the Commission rejected both
bids and authorized staff to seek additional bids and negotiate
with the low bidder. Five new bids have been received and are as
follows:
$49,870 $50,320 $80,500
Based on the above, staff recommends City Commission approve a
contract with Aikman Corporation for general construction of two
(2) restroom facilities at the City Municipal Golf Course in the
amount od not to exceed $42,200.00. It is the intent of City staff
to study additional cost saving items which we will adjust by a
deduct change order at a future date.
Funding is available in Account #445-4761-572-62.10.
cc: William Greenwood
Bob Barcinski
Brahm Dubin
File 94-30 (A)
\esd\9430\agmem801
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State of the art luxury homes
947 McCLEARY STREET
DELRAY BEACH, Fl33483
AIKMAN CORPORATION. (407) 274-687a
(407) (27 HOUSE)
FAX: (407) 274-6872
William S. Aikman
President
'"
<. ,
PROPOSAL .
r
July 18, 1995
To: City of Delray Beach
Re; Restrooms at Delray ~each Munictpal Golf Course
City project # 94-30
Tile propose to furnish and. install all materials necessary to complete
the project as per pl.ms by David Killer and Associates, dated June 1,
1995, consisting of Sheets A-l thro~gh~-7 and addendum #1 dated June
14, 1995 and addendum #2 dated June 16, 1995;-
The price for~the, above referenced work sha"llbe forty two thousand two
hundred dollars ( $ 42,200.00>.
Two hundred dollars ( $ 200.00) may be deducted for eliminating
insplation above the ceilings 'of both buildings.
Four hundred dollars ( $400.00) may be' deduc.ted for eliminating the
stucco expansion Joints and using textured. stu,cco for all of the
surfaces to .be'stucco on both buildings.
Respectfully submitted ,bYt
{A.J~<h?
- Wi lliam, S. Aikmn, . Pres.
Aikman Corp,
.
DUGGAN t7J~
BUILDERS
INC.
s-:.~ 0 ~ N. Swinton Avenue . Delray Beach, Florida 33444 (407) 274-9266
July 15, 1995
Dear David,
I have completed a rough estimate of the 2 restrooms for
the golf course. In order to do a more accurate estimate,
it would be necessary to obtain firm prices on all the
work and equipment specified especially since there are
many special items.
TOTAL ESTIMATE FOR 2 BUILDINGS $43,324.
INCLUDING PROFIT & OVERHEAD AT 12%:
EXCLUSIONS:
Surveys and soil testing
Key pads at doors
replacement sod
Hex shingles (not avail. in Fla. I
have used a mid-range shingle as a
sub. )
I realize that this seems expensive, but there is a lot of
special equipment and specs in a rather small area. Some
of this may not be avoidable if the structure is to last
and to be vandal proof.
Thanks for the opportunity. Please let me know if I can
do anything further.
Sincerely,
(~/ ~~~~
BUILDERS . DEVELOPERS . COMMUNITY REDEVELOPMENT
.
..:rUL-1'S'-'S'~ WED 16:~'S' FRED GRJ:FFJ:t--I P.02
C., : ,..) ,j 0 ,
..' ..... ......' -' .~.... '.~ -- ~ .~' ,.-,' .....;
IIOt~J(J , J"J ,Norm'...., $otoo.1W ,,,/I. loOdoll'ffON( W 111ft 1+ &Jl-llS,6JIII
~:<1f3-731i- Jroposttl ,-
Page No. of Pages
~
INC.
1050 S. Federal Hwy. #130
.. DELRAY BEACH. FLOR'DA 33483
(407) 272-3352
I PROPOSAL SUBMITTED TO PHONE OATE
Cit of Delra Beach 7-20-95 i
srREET JOB NAME
434 s. Swinton Ave. Golf Course Rest Rooms
CITY. STATE AND ZIP CODE JOB l.OCATION
Delra Beach FL 33444 Atlantic Ave. Homewood
ARCHITECl DATE OF PLANS
Miller 6-1-95
We helE,by submit specifications and estimates for: Y'r
We propose to build 2 Rest Room buildings as per plans and
....,........-........,....................,._........'.~ m ._. ..... ......... . ........,. .......... ....... .......-. """''''-'. ............... ..-..... ..-.....-..- ...... "'-'-'.-...' '-.--.'"'-'" ,.......... ........_......,..._..._..-._..............-.........~_..................... ". ... ..._.-........_.........__................~........
specifications. Except we propose 1 6" square vents for gables.
..........."..,........ . . ........................ ...... .., ,....-.. .-.. .-..... ..... .. ....... .....,... -.... . -......, .................... .........-..........-.........-.............-.......... - .-.......--. ......... ..... ............ ...-... . .-........... ......................-........................................-........... .....-......-.........-.......................-..
No insulation; Alum. doors fastened by Z bar to hollow metal
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frames;.
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.
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-
., llroposr hereby to furnish material and labor - complete in accordance with above specifications. for the sum of: ~,',
Forty Nine Thousand Eight Hundred Seventy and-"; ::.OO/~gllars ($ 49,870.00 ) .
Payment to be made as follows:
Allmelerlei ,. aUlrantled to be al specified. AIf worll to be completed in I workmanlike
me""., .,co.dln. to standard p.ac:tlcGs. Any alteraUon or deviatiOn from above speclflca- "
,.". .'
tloni lnvclvina extra costs will be executed only upon w.iUe" orders. end will become an f';;
axtr. che,'l. over and IboVI the I.timat.. AIf ear.emlnts contin.ent upon strik.s, eccidents
or cMl.)"$ beyond our control. Owner to C.Try fire, tom.do and other nec.slary lnau..."ce.
Our wor""", e,a tully cove,ed by Worllmen'. Compensation Insurance. days.
I -
"
REPUBUC
CONSTRUCTION & DEVELOPMENT CORP.
1300 PARK OF COMMERCE BLVD. SUITE 152
PROPOSAL FOR DElRAY BEACH. Fl33445
LUMP SUM CONTRACT (407) 243.8330 FAX (407) 243.8039
DATE: 7/19/95 PAGE 1 OF 1
PROPOSAL of Republic Cons1ruction and Development Corp., a Florida Corporation.
To: JOSE AGUILA! CITY OF DELRAY BEACH
Project: DELRAY BEACH GOLF COURSE RESTROOM F AClUTIES
SITE A AND SITE B
The undersigned in compliance with your invitation for bids for the General
Construction of the above-described project, having examined the drawings and
specifications carefully, and being familiar with all of the conditions SUlTounding the
construction of the proposed project, hereby proposes to furnish all labor, equipment and
materials and to perfonn all work for the construction of the project in mct accordance
with the con1ract documents, drawings and specifications issued by the architect/engineer,
at the prices stated below.
The undersigned acknowledges receipt of the following:
DELRAY BEACH GOLF COURSE RESTROOM FACILI1Y, CI1Y PROJECT
#94-30, AS DRWAN BY DAVID l\1ILLER AND ASSOCIATES, INCLUDING
REVISIONS, AND ADDENDUM #1.
We agree to perfonn all work for the sum of:
FIFIY THOUSAND TIIREE lWNDRED lWENTY AND NO/tOO DOLLARS
($50,320.00)
EXCLUSIONS: LANDSCAPING OTHER TIIAN SOD.
WE WILL NOT BE RESPONSffiLE FOR mRIGATION LINES,
AT BUilDING OR TRENCInNG FOR UNDERGROUND SERVICE.
PERMIT OR llvIP ACT FEES.
ALTERNATES: DEDUCT $800.00 IF FLOOR IS NOT TO RECEIVE SUNDECK.
DEDUCT $125.00 IF DOORS ARE TO BE P AlNTED STEEL DOORS AS OPPOSED
TO ALUIvfiNUM.
Upon Acceptance of proposal we agree to furnish a contract within five business
days, and commenced construction within five business days after receipt of building
pennit.
Respectfully Submitted,
Republic Cons1ruction and Development Corp.
.
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Agenda Item No. fA1;t;
AGENDA REQUEST
Date: 07/24/95
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 08/01/95
Description of item (who, what, where, how much) : Staff requests
Commission award of a construction contract for Morikami Wellfield incl.
3 wells & site transmission header to Florida Design Contractors, Inc. ,
the lowest responsive bidder in the amount of $963,653.50. This contract
will complete the first phase development of the Morikami Wellfield.
Funding is from the 1993 W&S Bond, acct. #440-5179-536-63.61 (budget
transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends Commission award of contract to Florida
Design Contractors, Inc.
DEPARTMENT HEAD SIGNATURE: ~~ ~ 7/l.S lis
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds) :
Funding available~/NO
Funding alternatives A
Account No. & Description
Account Balance~ 1/0 ~
City Manager Review: 7h'l7r
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
.
,-
.
MEMORANDUM RECEIVED
JilL 2 6 f99s
TO: David T. Harden City MM..' "....",
City Manager ~ - <' I){. f/CE
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: MORIKAMI PARK WELLFIELD CONSTRUCTION
PN 94-001. 2
DATE: July 25, 1995
Attached is an agenda request and a copy of bid tabulations
and consultant recommendation letter for award of the
subject construction contract to Florida Design Contractors,
Inc. , the lowest responsive bidder, in the amount of
$963,653.50. This contract represents the final phase of
the first stage development of the Morikami Wellfield.
Scope includes the construction of three ( 3) wells and
appurtenent electrical/mechanical components as well as well
discharge mains and the raw water transmission main header
within the park boundaries. Connection will be made to the
previously constructed 24" raw water main on Jog/Carter Road
which currently exists to the City's Municipal Golf Course,
connecting to the Golf Course Wellfield raw water main on
Homewood Blvd.
Funding for this contract is from the 1993 Water & Sewer
Bond, account #440-5179-536-63.61, Morikami Wells (budget
transfer attached).
This contract will complete the Morikami Wellfield project,
and plans for the remaining bond projects will be ready for
bidding/construction in advance of the North Reservoir ASR.
Since the Morikami Wellfield and ASR projects were planned
for dual funding from both the 1993 Bond and Connection
Fees, we are funding the Wellfield project completely from
the 1993 bond to minimize exposure to arbitrage. The ASR
will be funded from connection fees utilizing supplementary
funds therein currently reserved for the Morikami Park
project.
RCH: jem
c: William H. Greenwood
Joseph Safford
f: 94-001.2 (D)
~.fI'A
.
,
@_ Engineers
_ Planners
~ Economists
_ Scientists
July 14, 1995
103583.M3
Mr. Richard Hasko, P.E.
Deputy Director, Public Utilities
City ofDelray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Hasko:
Subject: Bid Tabulation for the Morikami Park Wellfield and Raw Water Transmission
Main - Contract No.2; City Bid No. 95-49
We have received the bid proposals from the subject project and have tabulated the results.
Based on the base bid amounts, it appears that Florida Design Contractors was the apparent
low bidder at a price of$963,653.50. Our engineer's opinion of cost was $1,053,980.00. A
summary of the bid opening results are attached along with a detailed bid tabulation.
Bids were opened on July 11, 1995, at 3 :00 p.m. at the Purchasing Office. A total of eight
contractors purchased contract documents, of which four bidders submitted proposals for the
project. The bidders were:
Bidders Bid
Florida Design Contractors $963,653.50
Telcon $973,295.00
Man-Con $1,128,010.50
Lanzo Construction $1,317,019.00
The proposals have been reviewed for mathematical accuracy of quantity, unit price, and
extended total amount. One mathematical error was noted and changed in the bid from Man-
Con. Review of the attachments to the proposals indicates that the Bid Bond, Bidder's
Affidavit, Public Entity Crimes and other required forms are complete. In addition, each of
the bidders acknowledged receipt of Addendum NO.1.
Southeast Florida Office Hlllsboro Executive Center North. 800 Fairway Drive. 305 426-4008
Suite 350. oeert/eld Beach. FL 33441-1831 Fax No, 305 698-60 10
.
.
"
Mr. Richard Hasko
Page 2
July 14, 1995
103583.M3
Based on the bid packages and past performance on similar projects, CH2M Hll..L
recommends Florida Design Contractors for the construction of the Morikami Park Wellfield
and raw water transmission main.
Sincerely,
CH2M HILL
7?~/~.
~Tirnothy S. Sharp, P.G.
Project Manager
DFB lOO148E9.DOC
cc: William Greenwood/Delray Beach
Walter SchwaI7lCH2M Hll..L
Rick NewlislCH2M Hll..L
Paul HillerslHillers Engineers
.
Morikami Park Wellfield and Water Transmission Main - Contract No.2
Summary of Bid Opening, Delray Beach City Hall- Bid No. 95-49
July 11, 1995
Hid .Ilona Total
Planholder Paid Add. 1 (5%) Bid Amount
Florida Design Contractors y y y $963,653.50
1326 South Killian Drive
Lake Park, FL 33403
Phone: 407/845-1233
Fax: 407/848-5992
Man Con y y y $1,128,010.50
3460 S.W. lIth Street
Deerfield Beach, FL 33442
Phone: 305/427-0230
Fax: 305/427-8133
Telcon, Inc. Y Y Y $973,295.00
4341 N.W. 19th Avenue
Pompano Beach, FL 33064
Phone: 305/979-0507
Fax: 305/975-7219
Lanzo Construction Co., Florida Y Y Y $1,317,019.00
1900 N.W. 44th Street
Pompano Beach, FL 33064
Phone: 305/979-0802
Fax: 305/979-9897
Centech y y N/A Did not bid
6109 Orient Road
Tampa, FL 33610
Phone: 813/626-2258
Fax: 813/620-3385
Giannetti Contracting Corp. y y N/A Did not bid
4371 N.W. 19th Avenue
Pompano Beach, FL 33064
Phone: 305/978-0211
Fax: 305/978-0331
Intercounty Engineering, Inc. Y Y N/A Did not bid
1925 N.W. 18 Street, Suite 23
Pompano Beach, FL 33069
Phone: 305/972-9800
Fax: 305/974-0042
Well Water Systems Y Y N/A Did not bid
17174 lenn Street
Fort Meyers, FL 33912
Phone: 914/267-1020
DFBIOO148E2,XLS
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MEMORANDUM
To: David T. H~Hanager
From: Joseph M. Sa ector of Finance
Subject: Resolution I 54-95; 1995 Utility Tax Bond Issue
Date: August 4, 1995
The attached resolution provides for the negotiated sale of the above
referenced bonds; appoints a paying agent and registrar; provides for an
insurance policy for the issue; allows for a surety for the debt service
reserve; provides for the undertaking by the City regarding secondary
market disclosure; and provides for all things necessary to provide
financing through the sale of bonds for the Lakeview Golf Course.
Please note that an updated resolution with attachments will be submitted
at the Commission on August 8, 1995. pricing information will not be
available until that date.
c: Rebecca S. O'Connor, Treasurer
~ '1-0
9./1/1.
,~
Resolution No. R-54-95
Background - This Resolution authorizes the issuance of $2,405,000 Utilities Tax
Revenue Bonds, Series 1995 (the "Bonds") to fInance the cost of the
acquisition and improvement to the Lakeview Golf Course and to pay the
cost of issuing the Bonds. The authorization for the issuance of the Bonds
is derived from this Resolution, Resolution No. 98-91 (the "Original
Resolution") and Resolution No. R-27-94 (the "1994 Resolution"). The
. Original Resolution sets forth the basic terms for all bonds secured by the
proceeds of the Utilities Tax. The 1994 Resolution authorized the
issuance of the City's 1994 Utilities Tax Revenue Bonds and provides the
authorization for an additional $2,690,000 of Utilities Tax Revenue
Bonds. This Resolution provides, among other things, the principal
amount and interest rates for each maturity of Bonds, the redemption
provisions, the award of the Bonds to the Underwriters, the appointment
of a paying agent and bond registrar, the provision for Bond Insurance
and the Debt Service Reserve Surety Bond (the "Surety Bond") both
provided by MBIA, the purchase price for the Bonds to be paid by the
Underwriter, for certain provisions regarding the Bond Insurance and the
Surety Bond and the approval of the following documents:
Exhibit A - Bond Purchase Agreement. This is the contract by which the City shall
sell and the Underwriter shall purchase the Bonds.
Exhibit B - Preliminary Official Statement. This is the offering document used by the
Underwriters to solicit from the general public offers to purchase the
Bonds. The Official Statement will be substantially in the form of the
Preliminary Official Statement with all pricing information completed.
Exhibit C - Letter of Public Financial Management, Inc., the City's fmancial advisor,
recommending the negotiated sale of the Bonds, and recommending the
purchase of the Bond Insurance and the Surety Bond both provided by
MBIA.
Exhibit D - Financial Guaranty Agreement. This agreement is by and between the
City and MBIA and evidences the City's agreement to reimburse MBIA
in the event MBIA is required to make a payment under the Surety Bond.
The Surety Bond acts in place of cash for purposes of satisfying the debt
service reserve requirement for the Bonds.
WPBlSANFlRlSI67992.1 \167B7 , 010300108/07/95
.... ..
DOA.K S. CA?<IPBELL, III
AT'T'OFlNEV AT LAw
70 $, &. FOURTH AVENUE
OELRAY I!ItACH, FLORIDA 33483
TELE~HONe: "ELe:C:>~jE'"
(407) 276-i690 (<l0?~ 276-5503
August 8, 1995
Mr. David Harden
City Manager .,
City of Delray Beach
100 NW 1st Ave
Delray Beach, FL 33444
Re: Lomonoco Gardens Conditional Approval
.
Dear David:
After careful consideration and review of situation in the
community, my client, the National Revovery Institute, has decided
not to pursue any further its application for conditional use of
the subject property for offices and use in its drug rehabilitation
program. If you need anything further to close your files, please
advise.
Sincerely yours,
(,/;, h~'k:.
Doak S. Campbell,!II
dC&l
RECEIVED
3/8/95
CITY CLERK
.
'. . ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttJ-v(
SUBJECT: AGENDA ITEM # 9, A . - MEETING OF AUGUST 1. 1995
CONDITIONAL USE REOUEST/LOMONOCO GARDEN APARTMENTS
DATE: JULY 28, 1995
This is before the Commission to consider Conditional Use request
from National Recovery Institutes Group to establish an alcohol
and drug abuse treatment facility to be known as Lomonoco Garden
Apartments within an existing apartment complex (Southridge
Condominium). This is a 2.5 acre parcel at the northeast corner
of Linton Boulevard and S.W. 8th Avenue, within the RM (Medium
Density Residential) District
One unit will be occupied by a property/facility manager to
ensure 24 hour supervision, and the remaining 35 apartments will
be occupied by participants of the program. Each unit will house
up to four patients who will be subject to a curfew and random
substance testing.
At its meeting of July 17, 1995, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
There was public testimony in opposition to the request. The
Board felt it would not be appropriate to locate this facility at
the entrance to a single family development. They voted 6 to 0
to recommend the request be denied based on a failure to make
positive findings with respect to Section 2.4.5 (E) (5) "Compati-
bility Findings", that the proposed use is incompatible with the
adjacent residential properties, and that the property is within
an area of stabilization.
Pursuant to the recommendation and findings of the Planning and
Zoning Board regarding compatibility and the Comprehensive Plan
designation of the Woods of Southridge as a stabilization
neighborhood, denial of the application is recommended.
. 01\
~
CITV COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANA~
THRU: DIANE DOMINGUEZ, DIRECTOR W
DEPARTMENT OF PLANNING AN NING ~
FROM: JEFFREV A. COSTELLO
SENIOR PLANNER
SUBJECT: MEETING OF AUGUST 1, 1995
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH AN ALCOHOL AND DRUG ABUSE TREATMENT
FACILITY (LOMONOCO GARDEN APARTMENTS) LOCATED AT
THE NORTHEAST CORNER OF LINTON BOULEVARD AND
S.W. 8TH AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of denial of a
Conditional Use request to establish an alcohol and drug abuse treatment
facility to be known as Lomonoco Garden Apartments within the RM
(Medium Density Residential) zone district.
The subject property is located at the northeast corner of Linton Boulevard
and S.W. 8th Avenue.
BACKGROUND:
The development proposal is to establish an alcohol and drug abuse treatment
facility to be known as Lomonoco Garden Apartments within an existing
apartment complex (South ridge Condominium). The treatment facility will be
owned and operated by the National Recovery Institute Group which has
facilities in Boca Raton and Ft. Lauderdale.
The proposal includes the conversion of two apartments to offices (2,100 sq.ft.)
within Building A on the west side of the development (see survey). One unit will
be occupied by a property/facility manager and the remaining 35 apartments will
be occupied by participants of the program.
There will be 10 employees at the treatment facility. In order to ensure 24-hour
supervision, there will be a property manager who will occupy one of the units.
Each unit will house up to 4 patients. Patients will be subject to a curfew and
random substance testing. Any patients not complying with the program's
regulations will be evicted. Approximately 50 of the patients will be transported
daily to the Group's Boca Raton treatment facility via two vans which will be
City Commission Documentation
Meeting of August 1, 1995
Lomonoco Garden Apartments (Alcohol and Drug Abuse Treatment Facility) -
Conditional Use Approval
Page 2
parked on-site. The balance will receive treatment and counseling on-site. This
facility is limited to those individuals who reside at this location.
This is an outpatient program which is structured for those chemically dependent
persons whose physical, emotional, and psychological status allows them to
actively participate in treatment while functioning in their place of employment
and/or school and living environment. There are three phases of the program,
each with specific goals of treatment. The approximate length of the program is
3 to 6 months. Additional analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of July 17, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was public testimony
from the adjacent community (Woods of Southridge) in opposition to the request
which primarily focused on depreciation of property values, increased criminal
activity, and the safety of children. The Board felt that while there is a need for
these facilities, it would not be appropriate to locate one at the entrance to a
single family development. Also, as this area is identified as "stabilization" in the
Housing Element of the Comprehensive Plan, Board members felt the treatment
facility would further the instability of the neighborhood. The Board voted 6-0
(Voung absent) to recommend that the Conditional Use request be denied based
upon a failure to make positive findings with respect to Section
2.4.5(E)(5)(Compatibility Findings), that the proposed use is incompatible with
the adjacent residential properties, and that the property is within an area of
stabilization.
RECOMMENDED ACTION:
Pursuant to the recommendation and findings of the Planning and Zoning Board,
regarding compatibility and the Comprehensive Plan designation of the Woods of
Southridge as a stabilization neighborhood, deny the application.
As an alternative, the Commission may elect to continue the application for a
period of not less than one month, in order for a more thorough analysis of the
impacts of these types of facilities on adjacent areas.
Attachment:
0 P & Z Staff Report and Documentation of July 17, 1995
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 17, 1995
AGENDA ITEM: V.D.
ITEM: Conditional Use Request to Allow the Establishment of an Alcohol & Drug Treatment
Facility in the RM District for Lomonoco Garden Apartments.
COSTCO
N
-
GENERAL DATA:
Owner.................................................................... Michael J. Navilio
Applicant................................................................ National Recovery Institutes Group
Agent..................................................................... Doak S. Campbell. Esq.
location.....................,........................................... Northeast corner of SW 8th Avenue and Linton Boulevard.
Property Size......................................................... 2.5 Acres
Future land Use Map designation......................... Medium Density Residential (5-12 units/acre)
Current Zoning....................................................... RM (Medium Density Residential- 6-12 du/ac)
Adjacent Zoning...........................................North: R-1-A (Single Family Residential)
East: CF (Community Facilities), and R-1-A (Single Family Residential)
South: PC (Planned Commercial)
West: RM and R-1-A
Existing land Use.................................................. Existing 38-unit apartment complex with associated parking.
landscaping and recreational facilities.
Proposed land Use............................................... Establishment of an Alcohol and Drug Abuse Treatment Facility
(Outpatient Program) which includes the conversion of 2 units
to offices for treatment and counseling with patients to occupy
the existing apartment units,
Water Service........................................................ Existing on site,
Sewer Service......................................................., Existing on site.
V.D.
.
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The action before the Board is making a recommendation to the
City Commission on a request for Conditional Use approval for an
Alcohol and Drug Abuse Treatment Facility (Lomonaco
Garden Apartments), pursuant to Section 2.4.5(E).
The subject property is located at the northeast corner of Linton
Boulevard and S.W. 8th Avenue.
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The subject property is comprised of all of the South ridge Condominium plat and
contains 2.53 acres.
On April 26, 1983, the City Commission granted site plan approval to construct a
37 -unit multiple family development known as the South ridge Condominiums. At
that time, the property was zoned RM-15 (Multiple-Family Residential - 15
du/ac). On October 23, 1984, the City Commission approved a site plan
approval extension for the South ridge Condominiums and subsequently granted
final plat approval on December 11, 1984. The development was constructed in
1985, however, it has been operated as an apartment complex rather than
condominiums since its completion.
With the Citywide rezoning and adoption of the Land Development Regulations
in 1990, the subject property was rezoned from RM-15 to RM (Medium Density
Residential 6-12 du/ac). Currently, eight (8) of the units within the complex are
being leased by Southern Institute for Treatment Evaluation for patients
recovering from substance abuse. The Institute provides treatment and
counseling/therapy within an office at Linton International Plaza, across from the
subject property.
On June 2, 1995, a conditional use request to convert the multiple family
complex to an alcohol and drug abuse treatment facility was submitted and is
now before the Board for action.
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The development proposal is to establish an alcohol and drug abuse treatment
facility to be known as Lomonoco Garden Apartments within the RM zoning
district. The treatment facility will be owned and operated by the National
Recovery Institute Group which has facilities in Boca Raton and Ft. Lauderdale.
.
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 2
The proposal includes the conversion of two apartments to offices (2,100 sq.ft.)
within Building A on the west side of the development (see survey). One unit will
be occupied by a property/facility manager and the remaining 35 apartments will
be occupied by participants of the program.
There will be 10 employees at the treatment facility. In order to ensure 24-hour
supervision, there will be a property manager who will occupy one of the units.
Each unit will house up to 4 patients. Patients will be subject to a curfew and
random substance testing. Any patients not complying with the program's
regulations will be evicted. Approximately 50 of the patients will be transported
daily to the Group's Boca Raton treatment facility via two vans which will be
parked on-site. The balance will receive treatment and counseling on-site. This
facility is limited to those individuals who reside at this location.
This is an outpatient program which is structured for those chemically dependent
persons whose physical, emotional, and psychological status allows them to
actively participate in treatment while functioning in their place of employment
and/or school and living environment. There are three phases of the program,
each with specific goals of treatment. The approximate length of the program is
3 to 6 months.
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CHAPTER 3 (REQUIRED FINDINGS): (Perform.ance Standards - L.O.S.)
Pursuant to Section 3.1.1 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 Board 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 of Medium Density
Residential 5-12 du/ac and an RM (Medium Density Residential) zoning
designation. The land use and zoning designations are deemed consistent with
each other. Pursuant to Section 4.4.6(0)(2), within the RM zone district, alcohol
and drug abuse treatment facilities are allowed as a Conditional Use. Based
upon the above, it is appropriate to make a positive finding with respect to
consistency with the Future Land Use Map.
a
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 3
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.
Positive findings as they relate to Concurrency were made in 1983, with the site
plan approval for this multiple family development known as South ridge
Condominium. Provision of water, sewer, drainage and impacts on the City's
park facilities will not be affected by this proposed use. Traffic and solid waste
volumes will be similar to those generated by the apartment/condominium
development.
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.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable 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 following zoning districts: to the north is
R-1-A (Single Family Residential); to the east is CF (Community Facilities) and
R-1-A; west is RM (Multiple Family Residential) and R-1-A; and, south, across
Linton Boulevard, is PC (Planned Commercial). The existing land uses adjacent
to the property are: north are single family homes (Woods of Southridge); east is
City of Delray Beach Fire Station #3 and vacant land; west is a multiple family
development (Linton Gardens Condominium) and two single family dwellings;
.
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 4
and, south, across Linton Boulevard, is a shopping center (Linton International
Plaza).
With respect to the condition of the existing development, landscaping and a 4'
high c.b.s. wall adequately buffer the site from the adjacent residences to the
north and west. There are openings within the perimeter wall in which hedge
material should be planted. Establishment of an alcohol and drug abuse
treatment facility on this site will not necessitate any exterior building
modifications or significant site upgrades. Traffic generated by the use will likely
be similar to that generated by the existing multiple family dwelling units.
However, compatibility with the adjacent residences may be a concern. To the
north of the subject property is the Woods of Southridge single family
development with 4 single family residences facing the property.
The Woods of South ridge is classified on the Neighborhood Categorization Map
as an area of stabilization. It is a single family neighborhood that is surrounded
by multi-family and non-residential development. There is a concern that
additional intensification of adjacent uses will create more instability for this
neighborhood rather than enhancing its single family character.
While the proposed facility will function similar to an apartment complex, it is
different in many respects. It will involve a non-residential component, that of
offices with employees coming and going everyday. The residency will be more
transient than that of a typical apartment complex. It is unlikely, for example, that
any of the residents will remain on site for a year, which isa typical lease term
for an apartment complex. Additionally, while the proposed occupancy of up to 4
persons per unit does not violate City codes, it is also not "typical" of the Citywide
occupancy average of 2.1 persons per unit. Given the institutional aspects of the
use, and the potential occupancy of 140 persons plus employees, there is a
concern that the use may create compatibility problems with the Woods of
Southridge.
COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS
The development was constructed pursuant to the RM-15 zone district
regulations and has a density of 15 units per acre. The current zoning is RM,
which allows a maximum of 12 units per acre. Thus, the existing development is
nonconforming with respect to density. There are no provisions with respect to
density that would prohibit establishment of this facility.
With respect to development standards, the existing development does comply
with building setbacks and height as well as open space requirements.
However, the apartment complex is nonconforming with respect to the number of
.
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 5
parking spaces provided on the site and special landscape setbacks along
Linton Boulevard. Based upon the approved site plan there are 76 parking
spaces existing on this site, while 96 spaces are required for an apartment
complex of this density. At the time this complex was developed, parking for
condominiums was calculated similar to single family residences which only
required 2 spaces per unit. Therefore, no guest parking spaces were provided.
With the conversion of this development to an alcohol and drug abuse treatment
facility, the parking required will decrease to 1 space per 4 beds or 35 spaces.
With this proposal, there should be no additional demand for parking than that
which currently exists. However, a site visit revealed that the parking stalls are
not striped and handicapped accessible spaces are not designated. With this
proposal the parking areas must be restriped to current City Standards and
handicapped accessible spaces must be provided which will. require the
processing of a site plan modification.
Alcohol and Drug Abuse Treatment Facilities [LOR Section 4.3.3(0)]
The proposal is consistent with the supplemental regulations for alcohol and drug
abuse treatment facilities as described in LOR Section 4.3.3(0). While reviewing
these regulations for compliance, there appeared to be an inconsistency
regarding the use of cooking facilities. This proposal calls for patients to occupy
individual apartment units that contain cooking facilities. The supplemental
requirements state that in these types of facilities, individual rooms or suites
shall, in no case, have kitchen facilities available for the preparation of food
[Section 4.3.3(0)(2)(a)]. However, this restriction appears to be intended to
apply to a group home setting, rather than to an arrangement involving individual
apartments.
In addition to the above, it is noted that issuance of an occupational license shall -
be preceded by an annual safety inspection; issuance of an occupational license
shall be contingent upon compliance with the recommendations of the City Fire
Marshal and the Chief Building Official [ref. LOR Section 4.3.3(D)(4)(a)]. Further,
applicants for a City occupational license shall submit a copy of the entire State
application, to the Occupational License Administrator at the time of application
for an occupational license. Proof of licensure by the State shall be submitted to
the City within three months of issuance of the City occupational license [ref.
LOR Section 4.3.3(0)(4)(b)].
Fire Code
Pursuant to the Life Safety Code (Pamphlet 101, published by the National Fire
Protection Association), the occupation of the dwelling units as proposed is
.
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 6
considered to be Board and Care Facility. As such, each dwelling unit must be
provided with sprinkler systems and fire alarms.
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The development proposal is not located within a geographical area requiring
review by the Community Redevelopment Agency (CRA), Downtown
Development Authority (DDA), or Historic Preservation Board (HPB).
Special Notice:
Special Notice has been provided to the following homeowner's associations and
citizen's groups:
0 Lavers Condominium Association
0 Lake Delray Apartments
0 Progressive Residents Of Delray (PROD)
0 Town and Country Condominium Association
0 Tropic Palms Homeowners Association
0 United Property Owners
0 Woods of South ridge Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. Letters of objection received as of July 14, 1995,
have been attached. Any additional letters will be presented at the Planning and
Zoning Board meeting.
r.... .:... ..Ir............ ...... ........... ..... ...... ... ................. ... ...... .......... ........... ...... "'rrIIrrr rr Irrr....I...:lrr.......... ... ..... ....... .......... ..... .... ........... ..~.....Irr "I
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The Conditional Use seeks to establish an alcohol and drug abuse treatment
facility at the Lomonoco Gardens, an existing apartment complex. The proposal
includes converting two of the apartments (2,100 sq.ft.) to offices, a facility
managers apartment and patients occupying the individual apartments. The
request is consistent with Chapter 3 (Performance Standards), Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations,
and the policies of the Comprehensive Plan. The existing landscaping along the
north and west property lines adequately buffers the site from the adjacent
residential properties with gaps in some locations that should be filled. The
proposed use will not require any exterior building modifications, however, the
parking areas should be restriped to current standards and handicapped parking
.
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 7
spaces provided. Further, each unit must be provided with a fire sprinkler system
as well as a fire alarm.
There is some concern with compatibility of the use and its effect on the stability
of the adjacent single family residences to the north. If the proposed use is
approved, it should be conditioned upon the existence of 24-hour supervision
and that treatment be provided only to the on-site residents. Further, the Board
may want to consider limiting the number of patients/residents at the outset, in
order to reduce potential impacts on the adjacent area. The facility could apply
for increased occupancy in the future, after a reasonable time for evaluating the
use has elapsed.
'~l~~~j~j:j;~::~~l~~jl::~l~~~~~~;jl:::~il~~!i:l~::~ll::I~:~:I~j::lll:::!;~~~~:j~~j~ji~~II::~~I~I~g[~I:~:;i:~I:~~Bj~;ll~mlll~~I~:~I~:lj:j:ljjl~m~~I~~~I~ml~ll~~1~:I~~~~ji~I~~~:I~:~~~~j:jf,l~r~~~I:~~jl:~~:I~rij~~~I:j~j~~~~jl:1
A. Continue with direction.
B. Recommend approval of the Conditional Use request to establish an
alcohol alcohol and drug abuse treatment facility (Lomonoco Garden
Apartments) based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations and the
policies of the Comprehensive Plan, subject to conditions.
C. Recommend denial of the Conditional Use request to establish an alcohol
and drug abuse treatment facility (Lomonoco Garden Apartments) based
upon a failure to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility), that the proposed. use is incompatible with the adjacent
residential properties.
lij~\~jj:j:~j:~jj:j::jj~:~~:lljjjl:jl~jllijljlllllllj::j~:it~:I:r~~~~~~lmljjj~j~:~:ill~:II~jj:jijlj\\Rjii~@j::I:!jlj~I;II:~jRjj~fj~:jl~~lm~\j~l!iljl~jJ.~I~Briijijl~~jl~~m~!;j~j!~;11~ir~~~~~jjl~lf~II~:I[I;jlj:~r~:j~j~1i~~~::j:1
Recommend approval of the Conditional Use request to establish an alcohol and
drug abuse treatment facility (Lomonoco Garden Apartments) based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) of the Land Development Regulations and the policies of the
Comprehensive Plan subject to the following conditions:
1. That a non-impacting site plan modification be processed for the restriping
of the parking lot and installation of landscaping (hedges) in the wall gaps;
2. That a staff person be located on-site 24-hours a day;
3. That this facility be limited to patients who reside at this facility only;
.
P & Z Board Staff Report
Lomonoco Garden Apartments (Alcohol and Drug Abuse Residential Treatment Facility)
- Conditional Use
Page 8
4. That the property/facility manager reside on the site; and,
5. That each unit be provided with fire sprinklers and fire alarms.
The Board might also want to consider limiting initial occupancy of the facility for
a specified time period (Le. 6 months), in order to allow for an evaluation of its
impacts on adjacent residential areas.
Attachments:
0 Location Map
0 Site Plan
0 Letters of Objection
JC/LOMONOCO.DOC
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07-1~-1995 05:51R~ Fc::,::r'l n 2437221 ;c'.81
Craig J. & Cynthia A. Krnempel
684 Sundy Avenue
Defray Beacl1, FL 33444
July 13, 1995
Ms. Diane Dominguez, ~tor
Planning and Zoning Department
City of Delray Beach
100 N. W. '1st Avm~
Delray Beach, FL 33444
Dear Ms. ~
It has come to our attention that the City of De.Jray Beach is consideriDg allowing the
estabUsbmeot of a Resident Alcohol and Drug Abuse TrP~t Facility at the Lomonoco
Gardens Apartments. on Linton Boulevanl' aIld Southwest 8th A venue. As homeowners residing
in the WoOds of Southridge nejghborhood located immediately north of this comp~ we are
EXTREMtt. Y displeased to hear that the City of DeJray Beach would even condder allowing
the placetnent of a facility such as this within a residential neighborhood.
I.a our opinion, there are NO benefits to Delray Beach residents, businesses, or visitOIS that could
possibly be derived from tbB siting of this facility within the City. The potential negative
impacts to our community include an increase in criminal activity, devaluation of property, and
degradation of community values.
We understand that you are not directly responsible for approving or denying this variance
request. As snell, 'we ask that you provide a copy of 1his letter to ALL Delray Beach Planning
& Z.oni~ Board members. City Commit:Sioners. aDd the Mayor as a demonstration of our
opposition to this proposal.
Thank you for your assistance in this matter.
Sincerely,
~ a '9~~
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. JUL-L>1'~"35 D::3: 45 JES-BCICH F:I='TCil'l r'JHCiHZJ "lE "107 +'3'37 +::::6:=::3 F' ,01/01
July 13, 1995
Ms. Diane 'DolTl i nquez , Director
DelY'ay'Beach Planning &: Zoning Dept.
100 N. W., 1st Avenue
Oelr-ay Beach, Fl. 33444
I am strongly opposed to Public notice # 95-152 concerning a
Alcohol and Drug abuse treatment fac: il i-t.y a't the Lomonoco Garden
Apartments. My reasons why are listed below:
1. Children ages 7 to 18 have to use the corner of Lomonaco
Gardans and SW 8th Avenue as a bus stop for their prospective
schools! 1 am shocked that the board did not ~now this and that
you would not think this is an important factor in your decision
making. How could you think of exposing children to the elements
of any given situation that might occur with people that have a
substance abuse problem? Our society has become increasingly
insensitive to the needs of our children, and if we don't pT" ot ect
them now, who will?
2. Our neighborhood is residential and a mix of retired people
and new famili~s. I strongly disagree with this kind of f ac il it Y
in our backyard! I feel that there are more appropriate sites
available in Delray to house this fa~ility.
Susan Her-ring
John Herr-ing
2474 Sundy Avenue
Delray Beach, Florida 33444
ecl Mr. David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Dalray Beach, Fl. 33444
Please send a copy of this letter to all board members!
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JUl 13 \995
PLANNING & ZONING
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R.G.MCl'IGHE
2542 ELLA sr.
DELAAY BUrn, FL. 33444
Ms. Diane Daninguez
Delray Planning & Zoning Dept.
REG: Public Notice 195-152
Alcohol and Druq Abuse Facility
Laoonoco Garden Apartments
I would like this letter to serve as a matter of record of nv ::JtrCllQ opposition
as a resident, local business owner and a tax payer of the city of Del ray Beach
concerninq the above mentioned facility.
1 believe that I as well as everyone else in our camuUty are deeply concerned
that our city could rermtely give consideration to this proposed facility to be
located in the back yard of a family neiqhborhoocL where young children play and
the school bus picks up and drops off children directly in front of the cacplex
allowing them to be exposed to people with dJ:U9 & alcohol probl~ not to
mention the possibility of additional violence.
I also feel that the city did enoU9h danage to the property values of the Woods
of Southridge by allowinq the Groves project to be catt'leted and that the hard
working, tax paying people of this ccmrunity have been penalized enough.
I have carpassion for anyone who has drug problEmS but it seem to me that our
city should be able to cane up with sane other location better suited for this
type of a facility or maybe the powers to be j~t don't care because it is not
in thet'e neighborhood. Perhaps it should be.
r ask that a copy of this letter be provided to all netbers of the Planning and
Zoning Board as well as the City Cannission and the Mayor.
Sincerely, -~~~~
,rt;;;v .f;'1'>
R.G.w:TIGlIE ~J ~ \,.<(J \ \~G
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cc: City Commission
Planning & Zoning Board
July 11, 1995 RECEIVED
Mr. David Harden, City"ManaBer JUl 1 4 1995
Clly oj De/my Bem.;b CITY MANAG(a'~ nJ:Fln
100 N. W; 1 sr Avenue
De/ray lJeacb, FL 33411
Dear Mr. Harden:
I am writiug to you as a cotlcerned Delray Beach resident who has lived ;tl tbe
ciry for over fifteen years. IlJave just recently become awm--e tbut u wruit'lio7wl
l~se request bas been received for Lom0710CO Garden Apartments to allow tbe ,
establtsbment of all a/cobol and dntS abuse treatment facility. .
T1Jese apartments are not located itt an appropriate area jor their proposed use.
They are right Ot~ Unton l:Joulevarc/ itt a biBb traffic at-ea and are at the entrance
to a single family development called I1Je Woods of SOlltbricJ8e. Jt would seem
tbat a better location for sue/:; a faciUty 'WOuld be in a more rural setting.
/1 seems tbat because our development is relatively small and does not wield the
power larger developments do we m-e continuatly at Ibe mercy of more influe7ttiul
developers aud property oumers. We are constantly trying to defend our property
rights and pro1e9t its value lrom undesirable development (1l our backyard. We
lost the battle lor the Groves which surrounds the 'WI1}; arut west borders oj our
commu'l'lity. But tbis is not a battle we inten-d to lose. 71Jere is just too mucb at
stake. We are not fighting development, just the kind that is not appropriate.
I really don't tbink it would be in the best interests oj tbe pat/ems who wou.ld be
served by sucb a [aciltty eitlJer. Wouldn't a better place be one wtlb less C01l-8estion?
Or~ tbat is more tnmqu(( (md serene?
We are a tleighborbood oj hard working, middle class people who take pride in their
. deve/opnumt. We pay our taxes and feel we are entitled to a safe and secure
neighborhood. We haw never asked tbe city for a handout and are flying to
maintaiu t!Je value oj our properties. Establisbment oj a resident alcobol and dn~8
abuse treatme7~t facility al Ollr front door could del./astate the value of our investments.
Al1.d as a real eSlate aget1t, I krLOw this 10 be true.
please consider tbe Delray Beach cUizens wbo bave bappily called Delray home and
vote against Ibis conditional else. We feel it Is in tbe best interests oJ all conce17ted.
Thank you for your time an-d co'tlSideraNon. I know the City of Del ray BeaclJ wt/l
make the rigbt decision. .-
Sincerely, ~
(/Jf~'
Deanna Hariman
247:5 Su.ndy Awnue
Delray Beach, FL 33144
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # qB. - MEETING OF AUGUST 1, 1995
RESOLUTION NO. 55-95/ABANDONING A PORTION OF N.E. 1ST
COURT RIGHT-OF-WAY
DATE: JULY 28, 1995
In the front of your book you will find information received at
5:00 p.m. July 28 from the Hanleys, and the Planning and Zoning
response.
This is before the Commission to consider the abandonment of a
portion of the N.E. 1st Court right-of-way. The subject
right-of-way is located at the eastern end of N.E. 1st Court,
east of N.E. 7th Avenue.
This is an unimproved area adjacent to the Intracoastal Waterway.
The area is not used for vehicular access; however, it does
provide pedestrian access to the existing seawall and Intra-
coastal. The property owners to the north and south of the
right-of-way petitioned the City to abandon a portion in order to
control access through the area.
During the review process, staff identified the need for an
easement dedication in view of an existing storm drain and lift
station facilities within the area proposed for abandonment. In
addition, the City has received a grant from FIND (Florida Inland
Navigation District) to repair and maintain the seawalls at N.E.
1st Court, Lowry Street and N.E. 5th Street. The grant is
conditioned on public access being provided to the seawalls
including the installation of a bench and signage acknowledging
FIND's contribution. If access is eliminated, the funds received
from FIND must be returned.
The Planning and Zoning Board considered this item at its meeting
of July 17, 1995, and voted unanimously to recommend denial of
the request since it is contrary to the City's Comprehensive Plan
Coastal Element Objective B-1 which calls for enhanced
accessibility to the public beach areas and waterways. They felt
this action would set a precedent for future requests, and that
it would be difficult to ensure that access would remain
available to residents of the street over time.
Recommend denial of Resolution No. 55-95 to abandon a portion of
the right-of-way for N.E. 1st Court, pursuant to the recommen-
dation and findings of the Planning and Zoning Board.
-- . --_...- .-..- -~_. . ... . ----
If I
!. I
I: RESOLUTION NO. 55-95
Ii A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF NORTHEAST 1ST COURT RIGHT-OF-WAY, AS MORE
~ I PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND
"
I, RETAINING TO THE CITY AN EASEMENT OVER THE ENTIRE
Ii
I AREA THEREOF UTILITY AND ACCESS PURPOSES.
I!
Ii WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of Northeast 1st Court, lying
,: east of N.E. 7th Avenue at the eastern end of N.E. 1st Court adjacent
Ii
, to the Intracoastal Waterway; and
I' .
I,
I'
I WHEREAS, the application for abandonment of a portion of the
:1
Ii Northeast 1st Court right-of-way was processed pursuant to Section
2.4.6(0), "Abandonment of Rights-of-Way" , of the Land Development
Regulations of the City of Delray Beach; and
l:
!
WHEREAS, pursuant to LDR Section 2.4.6(0) (3) (d), the
" Planning and Zoning Board, as Local Planning Agency, formally reviewed
; this item on July 17, 1995, and voted unanimously to recommend denial
II of the request; and
WHEREAS, the City Commission of the City of Delray Beach,
I: Florida, finds that its interest in the described property is no
i. longer needed for the public good and deems it to be in the best
I'
" interest of the City of Delray Beach to vacate and abandon said
'I right-of-way, but retaining and reserving to the City an easement over
I: the entire area thereof for the purpose of public and emergency access
II and constructing and/or maintaining either over or under the surface
;; poles, wires, pipes, sewers, drains or other facilities used for
~ : various public utilities whether owned by the City or private
" corporations.
,-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
!I CITY OF DELRAY BEACH, FLORIDA, AS FOLLQWS:
"
I Section 1. That pursuant to Chapter 177.101(5) and Chapter
"
" 166 of the Florida Statutes, it is hereby determined to vacate and
i
I abandon all right and interest it holds to the following real
I property, but retaining and reserving to the City of Delray Beach,
!
Florida, an easement over the entire area thereof for the purpose of
public and emergency access and constructing and/or maintaining either
over or under the surface poles, wires, pipes, sewers, drains or other
facilities used for various public utilities whether owned by the City
I or private corporations, more particularly described as follows:
I
i
I
I
I
\
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-
--- - ....... ~_. ._.. ._-~ ...-
I I
I
PARCEL 1 : A proposed vacated right-of-way, being- a
portion of N.E. 1st Court, Delray Beach, Florida, and
I more part~cularly described as follows:
Beginning at the Southeast corner of that part of the I
1; South One-Half (S 1/2) of the North One-Half (N 1/2) I
,.
i: of Block 139, lying West of the Intracoastal
,.
fi Waterway, MAP OF THE TOWN OF LINTON, a subdivision as
Ii recorded in Plat Book 1, Page 3, in the Public
Ii Records of Palm Beach County, Florida, and being a
Ii point on the Westerly Right-of-Way line of the
"
L
, Intracoastal Waterway, as recorded in Plat Book 17,
Ii Page 16A, in the Public Records of Palm Beach County,
j ~
I Florida, and a point on the Northerly Right-of-Way .
l! line of N.E. 1st Court; thence run South 7 degrees
43' 3811 West, along said Westerly Right-of-way line
of the Intracoastal Waterway, a distance of 20.18
feet to a point, also being the extended center line
of N.E. 1st Court; thence run North 90 degrees 00'
0011 West, along said extended center line, a distance
of 6.00 feet to a point on. curve, said curve having
a tangent bearing of North 7 degrees 43' 3811 East;
i thence run Northwesterly along the arc of said curve
,
to the left, a d.i.stance of 34.11 feet to a point of
tangent and a point on the North Right-of-way line of
Ii said N.E. 1st Court, said curve having a central
angle 'of 97 degrees 43' 3811, a radius of 20.00 feet
i: and a tangent of 22.90 feet; thence run South 90
Ii
I: degrees 00' 00" East, along said North Right-of-way
II line, tangent to the previously described curve a
i ~ distance of 28.90 feet to the Point of Beginning of
Parcel 1.
i
.' TOGETHER WITH
I.
PARCEL 2 : A proposed vacated right-of-way, being a I
.. portion of N.E. 1st Court, Delray Beach, Florida, and
I'
'I more particularly described as follows:
Ii
"
Ii Beginning at the Northeast corner of Lot 28,
Ii
SEESTEDT-STEVENS SUBDIVISION, a subdivision as
II recorded in Plat Book 18, Page 3, in the Public
Records of Palm Beach County, Florida, and a point on
II the Westerly Right-of-way line of the Intracoastal
Waterway, as recorded in Plat Book 17, Page 16A, in
the Public Records of Palm Beach County, Florida;
I'
- 2 - Res. No. 55-95
I
I I
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I
j. thence run North 90 degrees 00' 00" West, along fhe I
"
North line of said Lot 28 and the South Right-of-way
line of N.. E. 1st Court, a distance of 23.47 feet to a
point of curve; thence run Northeasterly along the
arc of said curve to the left, a distance of 28.72
feet to a point on said curve, also being a point on
the extended center line of said N.E. 1st Court, said
I; curve having a central angle of 82 degrees 16' 22", a
radius of 20.00 feet, a tangent of 17.47 feet and a
: tangent bearing North 7 degrees 43' 38" East; thence
run South 90 degrees 00' 00" East, along said
extended center line of N.E. 1st Court, a distance of
6.00 feet to a point on the said Westerly .
Right-of-way line of the Intracoastal WaterwaYi
thence run South 7 degrees 43' 38" West, along said
ii Westerly Right-of-way line a distance of 20.18 feet
to the Point of Beginning of Parcel 2.
Containing 0.01 acre, more or less.
PASSED AND ADOPTED in regular session on this the 1st day of
August, 1995.
MAYOR
ATTEST:
,.
,.
. City Clerk
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Ii - 3 - Res. No. 55-95
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CITY COMMISSION DOCUMENTATION
TO: T. HARDEN, CITY MANAGER
,
FROM: 01 N OOMIN~IRECTOR
DEPARTMENT NNING AND ZONING
SUBJECT: MEETING OF AUGUST 1, 1995
ABANDONMENT OF N.E. 1ST COURT RIGHT-OF-WAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is consideration of a request for the
abandonment of a portion of the N. E. 1 st Court right-of-way pursuant to LOR
Section 2.4.6(0). The subject right-of-way is located at the eastern end of N.E.
1st Court, east of N.E. 7th Avenue.
BACKGROUND:
The subject right-of-way is an unimproved area adjacent to the Intracoastal Waterway.
The area is not used for vehicular access, however it does provide pedestrian access to
the existing seawall and Intracoastal.
In May, 1995, the single family owners to the north and south of the right-of-way
petitioned the City to abandon a portion of the unimproved right-of-way. The applicant's
reason for the abandonment is to control access through the area.
For a more detailed analysis, please refer to the attached Planning and Zoning Board
staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of July 17, 1995.
Co-petitioners Derek Hanley and Dick Busscher spoke in favor of the request and
submitted a petition signed by a number of residents on the street who support the
abandonment. The petition stated that access would continue to be maintained for
residents of N.E. 1st Court. Three residents (one of whom had signed the petition but
had second thoughts) spoke in opposition to the request.
.
City Commission Documentation
N.E. 1 st Court Abandonment
Page 2
The Board voted unanimously to recommend denial of the request. Several Board
members stated their feelings that public access to the Intracoastal Waterway should
be maintained, and that this action would set a precedent for future requests. They
also thought it would be difficult to ensure that access would remain available over time
to residents of the street.
CONDITIONS OF FIND GRANT
One of the questions that was raised during the P&Z Board meeting related to the
conditions of the grant that has been approved for repair of the seawall at N.E. 1st
Court. The grant from FIND (Florida Inland Navigation District) provides that the
project site be dedicated to the public for a period of at least 25 years. It also requires
that a sign be erected that acknowledges FIND's contribution. The sign does not have
to designate the area as a public park, which was suggested by the petitioners at the P
& Z meeting.
RECOMMENDED ACTION:
By motion, deny the request to abandon the right of way at N.E. 1st Court as requested,
pursuant to the recommendation and findings of the Planning and Zoning Board.
Attachments:
* Planning & Zoning Board Staff Report
* Petition supporting the abandonment
T:fPLANNlfDOCUMEfREPORTSfCCNE1 ST.DOC
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.PLANNING ANt( ZONING BOARI{--
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 17, 1995
AGENDA ITEM: III.B.
ITEM: Abandonment of Right-of-way for a Portion of N.E. 1st Court.
GENERAL DATA:
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Owner.........................................City Ot Delray Beach M.L 2NO ST.
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Applicant.................................... Derek and Barbara Hanley
A. Richard and Marilyn Busscher I AV
Agent.......................................... Mark Krall, Esq. E
Listick and Krall, PA
"L 1ST CT.
Location......................................NE 1st Court right-ot-way, east ot
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NE 7th Avenue.
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Property Size..............................O.01 acre - -
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City Land Use Plan.................... None NoE. 1ST ST. Lo.
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Adjacent Zoning.....................North: R-1-AA (Single Family Residential)
EastR-1-AA I
South: R-1-AA -- >- J
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WestR-1-AA PL.UA <
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Existing Land Use...................... Unimproved street right-ot-way. Ir
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Development ProposaL............. Abandonment ot unimproved eastern <
end ot a street right-ot-way. ~
Water Service. ..... ...................~... nla II J
Sewer Service............................ n/a. ATLANTIC AVENUE y
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The item before the Board is the recommendation to the City Commission for the
proposed abandonment of a portion of the N.E. 1st Court right-of-way. The subject right-
of-way is located between N.E. 7th Avenue and the Intracoastal Waterway.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
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The subject right-of-way area was created by the Seestedt Stevens Subdivision which was
recorded in 1936. The right-of-way consists of a two lane road with a cul-de-sac at the
eastern end. The area to abandoned is located to the east of the paved cul-de-sac and does
not provide vehicular access.
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The subject right-of-way consists of two triangular parcels located at the eastern end of
N.E. 1st Court. Currently, this portion of the right-of-way is unimproved and is not used
for vehicular access. The area does, however, provide pedestrian access to the
Intracoastal.
To the north and south of the right-of-way are two single family residences, to the west is
the improved section ofN.E. 1st Court, and to the east is the Intracoastal Waterway.
Zoning to the north, south, east, and west ofthe subject right-of-way is R-lAA (Single
Family Residential).
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:~i:::~!~::i::l::::::::!i::::!!:::::i:::::::::::~i~::~~::i:i~~::!:::::!:::::!~:::::i::::::~::::::::!:ij'!!:!~::~::!!:::I!:;~~::~g::I;:~:::i.!~!:~~!~I~!~~i~;::~!;f#.:It~~ii~:i:!::;~:~!:!::i::::::::::::::::::::::::::::::::i:::~:i::~~::::::::~:~!:~:::::::::::::::::::::I:::::::::::::::::;:::
Based upon the survey that was submitted concurrently with the abandonment petition,
the area to be abandoned is unimproved. However, there is a 12" storm drain and City
Lift Station Number Nine located within this area. No other public facilities are located
within the abandonment area.
The City's Environmental Services Department has no objections to the abandonment,
provided an easement is dedicated for the storm drain, lift station, and the owners
recognize their responsibility to maintain the seawall adjacent to the abandonment area.
The Fire Department objects to the proposed abandonment as it would reduce their access
to the Intracoastal in the event of a drowning, burning vessel, or other type of emergency.
Southern Bell, Florida, Power and Light, Florida Public Utilities, Leadership Cable, and
the City's Police Department have no objection and have given their release.
.
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P & Z Staff Report
N.E. 1st Court Abandonment
Page 2
Pursuant to the City's Comprehensive Plan Coastal Element Objective B-1, enhanced
accessibility shall be provided to the Delray public beach areas and waterways through an
"Accessibility Program." Policy B-1.2 states that additional marina facilities and
waterway access shall be provided. This policy appears to create a conflict with this
request. City staff has studied the issue of the street ends in the past and concluded that
the overall policy of the City should be that the existing street ends should remain public.
In addition, the City's Development Services Management Group specifically reviewed
the issue of abandoning the subject right-of-way and felt that the problems of trespassing
and drinking in public as reported by the applicants would best be handled by the Police
Department.
Regarding the applicant's statement that due to the proximity of Veteran's Park from
N.E. 1st Court the subject street end is not necessary for public use, it is noted that N.E.
1 st Court is one of only nine existing street ends which the City controls and is at the end
of a uniquely landscaped block, and contributes to the overall ambiance of the street by
providing vistas to the Intracoastal. Allowing the right-of-way to revert to private
interests would jeopardize those views. The elimination of any of these access points is
contrary to the goals and objectives contained in the Coastal Element of the
Comprehensive Plan.
An important consideration in the evaluation of this request is a grant that the City has
received from FIND (Florida Inland Navigational District) to repair and maintain the
seawalls along N .E. 1 st Court, Lowery Street, and N .E. 5th Street. Pursuant to conditions
of the grant, public access is to be provided to the seawalls, including the installation of a
bench. If access to the seawalls is eliminated, conditions of the grant stipulate that the
funds received from FIND must be returned.
The elimination of the N .E. 1 st Court street end would establish a precedent for property
owners along other street ends to follow suit. By abandoning this street end, private
citizens would become responsible for controlling access to the Intracoastal. Closing one
street end will likely lead to requests to close the remaining street ends, which is in direct
opposition to the provision of public access to the Intracoastal as stated in the
Comprehensive Plan.
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When right-of-way is abandoned, the right-of-way area is required to be divided along the
centerline and returned equally to the adjacent property owners. In this situation, the
subject right-of-way area was dedicated from the Seestedt Stevens Subdivision. Both
property owners on the north and south sides to the right-of-way are petitioners to this
abandonment and the right-of-way, if abandoned, will be equally divided between them.
. ( (
P & Z Staff Report
N .E. 1 st Court Abandonment
Page 3
Pursuant to LDR Section 2.4.6(O)(3)(e), abandonments of rights-of-way, if approved,
shall be consummated by a replat of the receiving properties. The replat is required in
order to discourage the creation of numerous smaller properties which do not meet any
district regulations and therefore can not be developed. In this case both properties on
either side of the subject right-of-way consist of single family residences. As the
intention is to combine the receiving properties, a Unity of Title would suffice in the
place of a replat. Based upon the above, if the abandonment is approved, a waiver to the
platting requirement is appropriate.
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Prior to any right-of-way abandonment being approved, the following findings must be
made:
A) That there is not, nor will there be a need for the use of the right-of-way for
any public purpose.
Pursuant to Comprehensive Plan Coastal Element Policy B-l.2 and the
requirements of the FIND grant for the seawall, public access to the Intracoastal
Waterway is to be enhanced throughout the City. This abandonment proposes to
eliminate a public access point for which a need has been identified.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Access to existing lots of record will not be affected by this abandonment as the
surrounding properties north and south of the subject right-of-way have legal
access from N .E. 1 st Court.
C) That the abandonment will not result in detriment for the
provision of access and/or of utility services to adjacent properties or the
general area.
While replacement easements may be provided for the existing storm drain and
lift station located within the subject right-of-way, access to the adjacent
Intracoastal Waterway will be prevented. Public access to the Intracoastal for
emergency and recreational purposes will be diminished as a result of the
proposed abandonment.
.
( (
P & Z Staff Report
N.E. 1st Court Abandonment
Page 4
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This abandonment was reviewed by the Community Redevelopment Agency at its
meeting of July 13, 1995. The Agency transmitted a recommendation of denial.
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The subject right-of-way is not improved, however it provides pedestrian and emergency
access to the Intracoastal Waterway. While no plans exist at this time to provide any
improvements within the right-of-way, the Comprehensive Plan states that the City is to
explore the creation of additional Intracoastal access. A stipulation of the FIND grant
states that if the area adjacent to the seawall is privatized, the grant funds must be
forfeited. The existing storm drainage line currently runs through the right-of-way and
discharges into the Intracoastal. There is also a lift station within the right-of-way which
is planned for an upgrade. Considering these facts, there appears to be a valid public
need for this area and it is therefore inappropriate to consider this abandonment.
I::::::::::::::::::::::::::~::::i:\~::::::::::::::~:::::!::::i::~::i:::::::!:::::::i::::::::::::::::::::i:::::::::::i:::I:~I::I:::I!:I:::I~::I:::I::I::I::I::~:::~::I::I::I:~~J.:::I:::!:::Ii::::::::::::~::::::l::::::::::::~i:::::::::::::::::::::::::::::i::~:::i:::::::::::::::::~:i:::::::::::::~:::~:~::::::~::,
1. Continue with direction.
2. Recommend approval of the abandonment, and approval of a waiver to the
requirement to plat.
3. Recommend approval of the abandonment, pursuant to
conditions, and approval of a waiver to the requirement to plat.
4. Recommend denial of the abandonment with reasons stated.
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By motion, pursuant to the inability to find positive findings with respect to LDR Section
2.4.6(0)(5) and inconsistency with Comprehensive Plan Coastal Element Objective B-1,
transmit a recommendation of denial to the City Commission for the abandonment of a
portion of the N.E. 1st Court right-of-way.
Attachments
Location Map, Reduced Survey, and Letter of Request
U:NEICTPZ.DOC
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P.B. - Indicates Plat Book of Tangent
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NOTES:
1. This sketch represents a special purpose survey fo~ the proposed
right-of-way abandonment.
2. All existing improvements not shown.
3. This sketch reflects the proposed improvements for roadHay and
curbing Hithin the right-of-way of N.E. 1st CQurt, according to th~
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NOTES:
1- The sketch as shbwn hereon indicates a special purpose survey to
indicate the location of existing improvements and utilities.
2 . The existing gravity sewer and force main do not fall within the
proposed area of abandonment.
LEGAL DESCRIPTION:
The Easterly abandonment area of N.E. 1st Court adjacent to the
Intracoastal Watenfay and lying Northerly of Lot 28, SEESTEDT-STEVENS
SUBDIVISION, a subdivision as recorded in Plat Book 18, Page 3, in thEe
Public Records of Palm Reach County, Florida.
CERTIFICATION:
T 'l~rr?l::-y certify thr:- s 1\:(" t c n as sno\ln nereon represents a :"urV2Y madro
11 !l cl", t: my rlir",ct-.inn ~nd I-I> hr> t- r11("'o :->nrl ~r"''''''''1'''- -.4- "'"'" '-r> <4- 1.... ....... 1..-... ........ ~_ I. ~ r ".-.
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NAY JH 1995 7~ ~ECE'VEO
Derek M. & Barbal1tfyl~anley.. n f ~. . MAY J -0 1995
828, N. E. 1st Cou , eli'ay ~f. FL 33483 (TEL: 407-278-4~~t ~M" ~__.^
pril 30,l9lff/CE
The Honorable Tom Lynch, or of The City of Delray Beach Florida.
Dear Mayor Lynch,
This letter proposes a constructive solution to serious problems on N.E. 1st Co~ Delray Beach.
As you know, substantial tax. money has been and is being expended!O build, expand and maintain
Veterans' Park and to maintain Knowles Park. Both these parks provide ample access to the intra-
coastal waterway for boating, fishing and other recreational pursuits by the ~eneral public. Several
small, but disru tive u s of ~ Ie these arks andCon ate on streets that end at
Among other acnvities, they consume alcohol and marijuaIla, unnate on the ground;
use loud and foul language and park their vehicles close at hand; often illegally, all of which they
would have difficulty doing in the public parks. Their activities are intolerable to our community, are
having a deleterious effect on property values and will, eventually, adversely impact the tax. base.
. .
The net effect is that some 70 residents ofN.E. 1st Court, who are also members of the public, are
denied access to the intra-coastal water by the continued and intimidating presence of these intruders.
Parents no longer allow their children to play on the street because of their fears for the children's
safety. In addition, we and our neighbors (Mr & Mrs Busscher) whose properties are abutting the
municipal right of way, are unable to use our own back yards for many hours during the day and
evening because of the close proximity and behavior of the intruders. The police have been helpful,
but are generally powerless to take action because of the public right of way and the difficulty in them
observing illegal behavior. Although, one intruder was apprehended because of an outstanding 1993
arrest warrant But, often, we are afraid to call the police because of the threat of later retaliation.
PROPOSED SOLUTION
It is important to note that Veteran's Park is only 280 feet south of N .E. 1st Court, on the next street
(N.E.lst Street). Veterans' Park provides approximately 620 feet of access to the intra-coastal water,
most of the time it is not used, and is hardly crowded when it is used. Therefore, the solution we
propose will not impede or prevent access to the intra-coastal water for those who wish it The N.B.
1st Court street end is unique among the eight in which the city controls the right of way. One reason
for this is the close proximity to Veterans' Park and the other is because of the civic responsibility that
the homeowners on this street have taken upon themselves to beautify and maintain the area - this is
illustrated in the attached photographs of all eight streets ending on the intra-coastal. It is very small,
1,400 square feet overall, of which, only approximately 22 linear feet of seawall feet is accessible.
We and Mr & Mrs Busscher of 823 N.E. 1st Court are soliciting your support and assistance in
pursuing a proposal for the city to abandon the right of way on this street end. This request has
. urgency because the city is planning to replace the seawall at the end of N.E. 1st CoUrt starting in mid .
June, at a cost of $48,000, estimated by the city engineer's office. A 50% matching grant offered by -
me agency FINE requires that the land adjacent to the seawall become a public park if the grant is used.
~e and the other homeowners on the street are horrified! Our proposal is that the city abandon the
public right of way to Mr & Mrs Busscher and us, as the two sole, contiguous property owners. We
would then assume :r.-esponsibiIity for the cost of repairing and maintaining the seawall and continue to
maintain the landscaping. We will grant back all necessary easements for municipal purposes and
mergency vehicles access. This would also put the parcel on the tax rolL
There are 24 homes on N.E. 1st Court and an average of 2.9 residents per dwelling i.e. approximately
70 people live at one time, or another, on the street. Of the 1,400 square feet, only approximately 900
square feet is actually usable and only 22 feet of seawall accessible because of the presence of trees and
shrubs, planted over the years by the homeowners. Therefore, access by residents on N.E. 1 st Court
alone causes saturation level.
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If the city agrees to abandon the public right of way on this strip of lan4 to Mr & Mrs Busscher and
us, we would advise the homeowners of the N.E. 1st Court community that we would not object to
their use of tile area for walks and sightseeing, as they were accnstomed to do before these problems y
arose. If the city required it as part of an abandonment agreement, we would be prepared to enter into
a more formal arrangement on this.
N.E. 1st Court is a small, residential community. We are a community of people from different walks
of life, different age levels and different income levels working together as a model in self-help. We
contribute to Delray Beach through our property taxes and our patronage of local businesses. We all
have an interest in Delray Beach becoming and remaining a desirable place to live. The problems we
have described threaten our right to live comfortably and safely on N.E. 1st Court. We are, as the
people most affected, willing to accept the bulk of the responsibility and the cost to fmd solutions to
our problems, as described in your words and the words of other administration leaders quoted in the
February 1995 edition of Florida Trend magazine.
We, would like to meet with you and have requested an appointment, in the hope that you will support
our application for abandonment and use your influence to persuade others to support thisproposaL: .
It provides a win-win solution for the city and the homeowners on N.E. 1st Court - saving the city
$24,000 in immediate capital costs and avoidance of maintenance costs in perpetuity, plus adding to
the tax roll; and providing a safe. sanitary environment for this community, without adverse
consequences elsewhere. There is precedent for this. Under similar circumstances, the city
abandoned the end of N.E. 3rd A venue to the adjacent homeowners whose property abutted the right
of way at the end of the street - Mr & Mrs Baldasarre and Mr & Mrs Johnstone of 245 & 238 Palm
Trail respectively. I understand a similar abandonment was executed within Tropic Isles.
Thank you.
Yours Sincerely, -6...erc-f{ /-fa(.~
DerekandBarbaraHanley ~~(},"'-~ C/MI&MrsBusscher
CI City Commissioner. Ms. Barbara Smith. This co the conversation we had a few days
ago when you visited, N.E. 1st Court. We would like to, speak with you again in the hope
that you will support our application to the city to abandon the right of way at the end of N.E.
1st Court, and to provide any more information you may need. Thank you: D.H & B.H.
City Commissioner Dr. Jay Alperin. TIlls confIrms the conversation we had on the telephone a
couple of weeks ago. We would like to speak with you again in the hope that you will support
our application to the city to abandon the right of way at the end of N.E. 1 st Court., and to
provide any more information you may need. Thank you: D.H. & RH.
.
City Commissioner. Mr Kenneth Ellingsworth.
Dear Mr. Ellingsworth, we have not yet had an opportunity to speak with you on this matter,
but would very much like to do so in order to request your support We think this letter is self-
explanatory and we wrote it to be as explicit as possible in defining the problem and offering a
constructive solution. We will call you to request an appointment to discuss the matter further
and answer any qustions you may have. Thank you: D.H. & RH.
2 of 2
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July 13, 1995
Ms. Randee Golder, Chainnan
City of DeIray Beach
Planning and Zoning Department
100 N.W. First Ave.
DeIray Beach, Fl. 33444
Jackson L. Langford
812 N.E. 1st Court
DeIray Beach, FL 33483
Dear Ms. Golder:
This letter is directed to you and the city of DeIray Beach regarding a recent filing of abandonment that
has taken place for the public property which stands at the end of N.E. 1st Court, zip code 33483.
We are concerned that if the city abandons this property to a private owner, it will result in the denied
access of the residents of N.E. 1st Court to the use of this public property. One of the main reasons we
purchased our home on N.E. 1st Court is the beauty and enjoyment of the intracoastal waterway, which we
currently have at the end of our street. We know that this access to the intercoastal waterway is rare in
south Florida, and as such enhances our property value and that of all the surrounding homeowners.
Denied or restricted access however, will not benefit any current or future N.E. 1st Court homeowner.
It is my understanding that Project No. PB DB 94-35 filed October 1, 1994, in conjunction with the
Florida Inland Navigation District has agreed to and funded project improvements for street ends of N .E.
2nd Street, N.E.5th Street, Lowery Street, S.E. 3rd Street and most importantly N.E. 1st Court. Upon
reviewing the docwnent, item # 15 titled NON-DISCRIMINATION clearly states upon completion that,
"... the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without
regard to age, sex, race, physical handicap, or other condition...". This clearly defmes my stance on this
subject
I would greatly appreciate your assistance in denying the abandomnent of this property. Please contact me
if I can be of any help, or if you have questions or require additional infonnation. I can be reached at my
office 276-9804 or at home, 276-9831,
cc: Tom Lynch ~~(C~~WIE1DJ
Barbara Smith JUl~ 14 1995
D. Beatty PLANNING &ZONING
B ill Harris
( r (
Homeowners of N. E. 1st Court, Delray Beach, Florida
,
May 3, 1995.
Petition in support of the application for abandonment by Mr & Mrs Busscher and Mr
& Mrs Hanley of 823 & 828 N. E. 1st Court respectively
We, the homeowners on N.E. 1st Court, Delray Beach, do hereby attest that we are being
intimidated by the constant presence of intruders, strangers to the community, who
take up residence on the small strip of land at the intra-coastal end of N.E. 1st Court,
Delray Beach, some of the many intruders regularly use it as a daytime home.
These individuals spend hours sleeping, eating, drinking, fishing and using the area
as a toilet. Some groups drink alcohol, smoke marijuana and yell and scream foul
language at one another. The residents of this street no longer feel secure in their
own neighborhood while these people are present. The adjacent homeowners have
asked some of these people to use Veterans' Park, which is very close by, and have
been met with threatening responses. Often, they are afraid to say anything, or call
the police, because of the fear of reprisals.
We are also very concerned for the safety of the children living on the street and for
our visiting grandchildren. The constant stream of intruders attracted to the end of
the street is an ever-present threat to the safety of our children and the security of
our homes.
This small area has been beautified and maintained by the homeowners on N.E. 1st
Court for many years. All the trees were planted by homeowners of the street and the
homeowners immediately adjacent to this parcel of land have, for twenty years,
watered the plantings, cut the grass and trimmed the trees and bushes.
We would like to continue to be able to enjoy the beauty of the end of our street.
Therefore, we fully support the application by Mr and Mrs R. Busscher of 823 N.E. 1st
Court and Mr and Mrs D. Hanley of 828 N.E. 1st Court, for the City to abandon to them its
right of way on the land that abuts the Busscher and Hanley properties and the intra-
coastal right of way. The Busschers and Hanleys will grant back all necessary
easements to the City and assume the responsibility for maintenance and repair of the
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3 of 3
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
W-~
FROM: PA~RLlNG
PRINCIPAL PLANNER
DATE: JUL Y 28, 1995
RE: PLANNING AND ZONING BOARD RECOMMENDATION ON THE
RIGHT-OF-WAY ABANDONMENT FOR N.E. 1ST COURT
The Planning and Zoning Board's recommendation of denial was based on a
combination of the information provided in the staff report, the members personal
knowledge and the testimony given at the Public Hearing. It is noted in the minutes of
the Planning and Zoning Board meeting that the arguments put for:th by the applicant in
the letter to City Commissioners (July 26, 1995) were voiced at the hearing. The
Planning and Zoning Board considered these arguments in their decision and
recommended unanimously against the abandonment.
With respect to the alleged omissions and inaccurate statements within the staff report
the following is noted:
1. Comprehensive Plan Policy B-1.2 states that "Additional marine facilities and
waterway access shall be provided pursuant to Policy C-6.5". Policy C-6.5 deals
with the citing of rt:'arine facilities in addition to a Manatee protection program
which neither deals with marine facilities nor waterway access. The fact that
Policy C-6.5 does not mention ways to provide additional waterway access is not
to be construed that additional ways to provide waterway access should not be
pursued.
2. The loss of FIND money is not stated as a reason for denial nor does the report
imply that the abandonment will cost the City of Delray Beach money. Page 2 of
the staff report states that FIND money currently allocated for this street end
seawall is an important consideration in the evaluation of the request and that
should the abandonment be granted the City is obligated to return that portion of
the grant money allocated for N. E. 1 st Court. Further, the recommendation for
denial on Page 4 is based upon a failure to make positive findings with respect
to the Comprehensive Plan and required findings of LOR Section 2.4.6(0)(5);
more particularly Section 2.4.6(0)(5)(a) as there is a need for the use of the
right-of-way for public purposes (additional waterway access and as a
requirement for FIND grants) and Section 2.4.6(0)(5)(c) that the abandonment
will result in elimination of access to adjacent properties (Intracoastal
Waterway).
To: David T. Harden
Re: paz Board Recommendation on the Right-ot-way Abandonment tor N.E. 1st Court
Page 2
3. While an objection from the Fire Department is noted in the staff report it is not
listed as a reason for denial of this request. The reasons for denial are an
inconsistency with the Comprehensive Plan and failure to make required
findings under Section 2.4.6(0)(5). The project file does contain a letter from the
Fire Department stating they have no objections or comments on the
abandonment. However, when contacted by phone the Fire Department
objected to the abandonment as it diminished access to the Intracoastal
Waterway in the case of emergencies. This objection was based upon a belief
that physical improvements were proposed (i.e. fencing). As no physical
improvements are included the Fire Department is not objecting to the
abandonment.
4. The location of the Lift Station and the provision of replacement easements were
items identified in the Analysis section of the staff report. Neither of these
issues were cited as reasons for denial. It is noted that the Lift Station is within
the improved right-of-way while the support electrical control panels, antenna,
vents, etc. are located within the abandonment area. As indicated in the staff
report replacement easements will be required if the abandonment is approved.
5. The CRA recommended denial of the abandonment on July 13, 1995. This
board is independent of the City and renders their recommendations without
regard to the staff recommendation.
6. The applicants reasons for the abandonment were fully represented at the
Public Hearing at which time the applicants, and the surrounding neighbors
presented their case to the Planning and Zoning Board. The Planning and
Zoning Board considered this information in the decision to unanimously oppose
the abandonment.
7. It is noted inquires for similar abandonments have been discussed verbally with
other residents. It is anticipated that if a precedent is set in this case it would be
difficult to deny similar future requests. The applicant has in the letter of July 26,
1995 used the granting of an abandonment request at S. E. 4th Street to support
the granting of this request. With the abandonment of the S.E. 4th Street right-
of-way the desire to maintain existing access pursuant to the City's
Comprehensive Plan Policy B-1.2 was discussed. The abandonment was
recommended for approval as it was thought to be of insufficient size (25') to be
developed as an improved street end and further that it is not evident to the
public that the area is public right-of-way.
.
To: David T. Harden
Re: Paz Board Recommendation on the Right-of-way Abandonment for N.E. 1st Court
Page 3
In summary, while there may be some question as to whether Comprehensive Plan
Policy 8-1.2 applies to this type of waterway access, adequate grounds for a
recommendation of denial exist. The abandonment request fails to meet the mandatory
findings required under LOR Section 2.4.6(0)(5) as there is a need to use the right-of-
way for a public purpose (additional access to the waterway and as a condition of the
FIND grants) and the abandonment would be detrimental to the provision of access to
adjacent property (Intracoastal Waterway).
S:/PLANNIIDOCUMI/NE1 CT.DOC
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LEGEND: ~ ~
, - Indicates Center Line p.C.-Indicates Point ~
. RjW- - Indicates Right-of-way of Curve
O.R.B.-Indicates Official Record Book P.T.-Indicates point
P.B. - Indicates Plat Book of Tangent
PG. - Indicates Page . . ".
A - Indicates Delta
R - Indicates Radius
A - Indicates Arc Distance
T - Indicates Tangent
P.O.B~- Indicates Point Qt B~ginning ., .
. ,
NOTES: -. Ut'l "" ..,.
1. This sketch represents a special purpose survey for the proposed
right-of-way abandonment.
2. All existing improvements not shown.
3. This sketch reflects the proposed improvements for roadway and
curbing within the right-of-way of N.E. 1st Court, according to the
construction drawing provided by the City of Delray Beach Engineering
Department.
4. For Legal descriptions Parcell and Parcel 2, see attached.
5. Bearings are based on .assumed datum. ..
6. Parcell and Parcel 2
shall also become
. easements to the City of GENTRY ENGINEERING &
Delray Beach for the
installation and mainten- LAND SURVEYING, INC.
ance of utilities and for ".
P.O. BOX 243
necessary purposes for OELRAY BEACH, FLO~IOA 33444
City Forces.
Sheet 1 of 3
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L~GAL DESCRIPTION: I
Parcel 1, a proposed vacated right-o~-way, being a portion o~ N.E. 1st !
I
Court, Delray Beach, Florida and more particularly described as ~ollows:
Beginning at the Southeast'corner o~ that part o~ ~e South one-hal~ <S
1/2) o~ the North one-hal~ (N. 1/2) o~ Block 139, lying West o~ the
. Intracoastal Waterway, MAP OF~HE TO~N OF LINTON, a subdivision as recorded
in Plat Book 1 , Page 3, in the Public Records o~ Palm Beach County, Florida
and being a point on the Westerly Right-o~-way line o~ the Intracoastal
Waterway, as recorded in Plat 60ok. 17t Page IbA, in the Public Retords of
Palm Be~ch County, Florida and a poin on the Northerly Right-of-way line
of N. E. 1st Court; thence run S 7.43'38" W, along said Westerly
Right-of-way line o~ the Intracoastal Waterway, a distanc~ o~ 20.18 feet to
a point, also being the extended center line o~ N.E. 1st Court; thence run
N 90.00'00" W, along said extended center line, a distance of b.OO feet to
a poi nt on a curve, said ~urv~ having a tangent bearing'of N 7.43'38" E;
thence run Northwesterly along the arc o~ sa~d curve to.the left, a
distance of 34.'11 to a pdint of tangent al:\d a petint,.,on th8~Ngrth
Right-of-way line of said N.E. 1st Court, said curve havin a central a ng I e
of 97'43'38", a radius of 20.00 feet and a tangent of 22.90 feet; t he nee
run S 90.00'00" E, along sa~d North Right-o~-way line, tangent to the
p. eviously described curve a distance of 28.90 feet to the Point of
Beginning of Parcel 1. .
CERT! F I CAT! ON: I
.,. i
I hereby certify the sketch attached herewith represents a survey made I
u:lder my direction and to be .true an~ accurate to the best of my knowledge I
. and bel ief, subject to easements and right-o~-waY5 o~ record and I further I
I
certify that said survey meets the minimum Technical Standards of Rule !
blG17-6 of the Florida Administr i ve Co de . i
I
,
i
!
and Mapper No. 2580
: Survey: May 11, 1995
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GENTRY ENGINEERING &
LAND SURVEYING, INC.
P.O. BOX 243
Sheet 2 of 3 DELRAY BEACH, FLORIDA 33444
. '"
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LE5AL DESCR I PT ION:
Parcel 2, a proposed' vacated rlght-o~-way, being a portion,o~ N.E. 1st
Court, Delray Beach, Flori'ca and more particularly described as follows:
Beginning at the Northeas~ corner o~ Lot 28, SEESTE'i:i'T-STEv'ENS"'SU8DIVISION,
a subdivision as recorded in Plat Book 18, Page 3, in the Public Records o~
Palm Beach County, Florida and a point on the Westerly Right-o~-way line o~
the Intracoastal Waterway, as recorded in Plat Book 17, Page 16A, in the
Public Records o~ Palm Beach County, Florida; thence run N 90000'00" W,
along the North line of said Lot 28 and the South Right-o~-way line of N.E.
1st Court, a distance of 23.47 ~eet to a point o~ curve; thence run
Northeasterly along the arc. of said curve to the left, a distanse of 28.72 I
feet to a point on said curve, also being a point on the extended center
line o~ said N.E. 1st Court: said curve having a c~htral angle of I
8:<::.16"22", a radius of 20.00 ~eet,.a tangent o~ 17.47 feet and a tangent .
. bearing N 7043' 38" E; thence run S 90'000'00" E, along said extended center
line of N.E. 1st Court, a distance o~ 6,00 ~eet to a point on the said
Westerly Right-of-way of the Intracoastal Right-o~-way; thence run S
7043'38" W, along said WesterJ.y. Ri,ght-of-way line a distance of 20.18 feet
to the Point of Beginning of Parcel 2.
CERTIFICATION:
I hereby certify the sketch attached herewith represents a,survey made .
under my direction and to'be true and accurate to the best of my knowledge
and belief, subject to easements and right-of-ways of record and I further
certify that said survey meets the minimum' Technic~'i'Standa'rds of Rule
61G17-6 of e Florida Administrat ve Code.
nd Mapper No. 2580
Survey: May 11, 1995
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GENTRY ENGINEERING &
LAND SURVEYING, INC.
P.O. BOX 243 .. ,
Sheet 3 of 30ELRAY BEACH; FLORIDA 33444
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJt1
SUBJECT: AGENDA ITEM # 9.C. - MEETING OF AUGUST 1, 1995
AFTER SCHOOL PROGRAM FUNDING
DATE: JULY 28, 1995
This is before the Commission to give direction regarding the
$61,000 reduction in grant money from the Children's Services
Council for the 1995/96 After School Program. The City received
$159,505 from CSC for its 1994/95 program. For the year 1995/96
the Council approved a funding level of $98,303, and removed the
matching restriction it had previously imposed.
If the Department is to conduct a program at the same level as
the current year, an additional $61,000 needs to be identified.
The program currently only charges a $10 registration fee. One
option discussed has been the implementation of a fee schedule
for the After School Program. If we were to charge $15 per month
per child, roughly $60,000 would be generated and we would be
able to maintain the program at the current level. If not, the
alternative would be to either reduce services or the number of
children. Staff has also discussed the possibility of allowing
any fee charged to be paid on a prorated basis, (weekly, monthly
or in full) as the needs of the family dictate.
Commission direction is requested as to the After School Program
funding options.
.
Agenda Item No. : ge
AGENDA REQUEST
Date: July 25. 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: August 1, 1995
Description of agenda item (who, what, where, how much) : Request direction
from City Commission on whether to reduce services in the After School Program or to
start charging registration or services fees to compensate for Children's Services
Council reducing their grant money to the City of Delray Beach by $61,000.
ORDINANCE/ RESOLUTION REQUIRED: YE@ Draft Attached: YES/NO
Recommendation:
Department Head Signature:
Determination of Consistency
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: (!JJ / NO tw(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
". .
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Joe Weldon, Director
Parks and Recreation Dept.
FROM: 1. Dragon, Assistant Direct r ff
Parks and Recreation Dept.
DATE: July 25, 1995
SUBJECT: CSC Grant for 1995-96
At its June 29, 1995, funding meeting, the Children's' Service Council approved funding
for various providers of children's' services in Palm Beach County. Many proposals were
not approved for funding, most others were reduced, and there were just a few new
proposers. Of the forty-six proposals for the Outoo()f-School Activities category, only 14
were approved for some level of funding. The Council did not approve my
recommendation to restore funding to the same level as this year; but instead approved a
funding level of $98,303. for our after-school program, and removed the matching
restriction it had previously imposed. We received $159,505. from CSC for this year's
program.
Therefore, if we are to conduct a program at least the same level as this year we need to
identify an additional $61,000. Some City funding is already included in our budget
proposal for FY95/96 to conduct a program for 400 participants, our current enrollment.
One option would be to implement a fee schedule. The program has been a "no charge"
program, except for a nominal $10. registration fee, since its beginning seven years ago in
1988-89. For next year a $15. per month fee for 400 participants would generate
approximately $60,000, allowing for replacement registrations and discounts for multiple
children from the same family.
If we decide to conduct a program based on the CSC grant of $98,303. plus the monies
that are included in next year's City budget proposal, basically the same as this year's, we
would be able to provide a program for just 280-300 participants, 70-75 per site as
compared with the current lOOper site.
In the meantime I have been in contact with CSC staff to finalize the exact language of our
award for next year and the ensuing two years since it will be a three-year contract. There
will be some type of decreasing funding fonnula for all municipal and housing authority
agencies during the next three years. We are also revising our 4105, After-School
Program budget worksheet for next year to reflect the $159,505. cost level.
In a related matter, we recently met with the Principal and Assistant Principal of the
Delray Full Service Center to determine the availability and condition of space needed for
our after-school program at that site. As you know the HRS health inspector rated the
. .
Center as unsatisfactory for our after-school program upon his inspection of the site in
June. After some discussion and inspection of the site by myse~ Pamela PoS4 Recreation
Supt., and Carolyn Parker-Ware, Program Coordinator, we found the site to be still
unsatisfactory for our after-school program. The widespread renovations and
construction underway there is in varying stages of completion with a very indefinite and
tentative schedule for work and completion. Both school officials expressed frustration
and disappointment that the School District has not been more supportive of the Center
and its need for funds to complete renovations for the agencies that have been targeted to
conduct programs there.
While the grounds have been cleaned-up, the classrooms and restrooms designated for our
after-school program are in various stages of repair/disrepair. I feel that the HRS
inspector would again find the site unsatisfactory. Our summer camp is not impacted as
much because we are housed in the large cafeteria and are able to spend most of each day
off-site. Something we cannot do in our after-school program. School officials indicated
that sufficient improvements to house our program properly could not be completed by
the start of school on August 23. In fact, conditions would probably not be acceptable
until after January 1, 1996.
We therefore will plan to have those children who attend the program at the Full Service
Center relocated (l) totally to Pompey Park, or (2) relocate some to Pompey Park and the
others to the Carver Community School. Both are large sites that can accommodate the
additional participants. Furthermore, if the program is in fact reduced in size then that will
mean that the impact will not be as great.
Please review and advise.
.
MEMORANDUM RECEIVED
JUN 2 2 1995
CITY M~." ~.......(' (lcnet-.
TO: David T. Harden, City manager
FROM: 1. Dragon, Assistant Director
Parks and Recreation Dept.
DATE: June 22, 1995
SUBJECT: CSC Funding
Attached please find information that I have obtained regarding funding by the CSC for
the Out-of-School activities category. I have included some additional information from
the documents I reviewed that may give you a broader picture of what CSC is doing.
Please call if you have any questions regarding this matter.
.
t. ". -.
1995-96 FUNDING REQUEST
PROPOSER CSC OTHER TOTAL CSC STAFF COUNCIL 1994-95
FUNDING FUNDING PROGRAM RECOMMEND APPROVAL CSC
REQUEST SOURCES. COSTS 1995-96 FUNDING
1. CITY OF SOUTH $108,948 $44,580 $153,528 $105,647 $105,647 $19,084
BAY
2. WPB HOUSING $33,348 0 $33.348 $32,848 0 ..
3. BOYS AND $193,401 $180,820 $422,410 $170,807 $170,807 $135,999
GIRLS CLUB
RIVIERA BCH
4. CITY OF $266,922 0 $266,922 $195,735 $146,801 $104,704
PAHOKEE RESERVE
5. FLORENCE $50,117 0 $50,117 $50,117 $50,117 ..
FULLER CTR
6. CITY OF $268,224 $257,801 $529,355 5196,697 $98,303 $159,505
DELRA Y BEACH RESERVE
7. CITY OF WEST $365,953 $942,983 $1,308,936 $202,165 $202,165 ..
PALM BEACH
8. CITY OF $118,800 $26,500 $146,314 $109,038 $89,100 $102,520
BOYNTON ItESERVE
BEACH
9. RIVIERA $114,640 0 $114,640 $96,905 $96,905 $64,683
BEACH HOUSING
AUTHORITY
10. BOCA RATON $173,532 $9743 $191,275 $132,552 $66,276 $103,721
HOUSING RESERVE
AUTHORITY
11. CARVER $99,704 $49,374 $152,078 $99,704 $99,704 $95,268
ESTATES (IN-KIND)
12. BOYS AND $285,000 $204,529 $641,393 $209,305 $209,305 ..
GIRLS CLUB
GLADES CLB
13. GUATA- $393,186 $76,036 ..
MALEN MAYAN
CTR
.
.
--
PROPOSER CSC OTHER TOTAL CSC STAFF COUNCIL 1994-95
FUNDING FUNDING PROORAM RECOMMEND APPROVAL CSC
REQUEST COSTS 1995-96 FUNDING
14. HOUSING $221,079 $108,655 $131,291 $44,726
PARTNERSHIP
It appears from the information that I saw, the following agencies that received CSC funds in 1994-95
were not approved for funding for 1995-% in Out-of-School Activities. They may have been funded in
some other category.
1. Palm Glades Girl Scouts - $42,618.
2. Quest Theatre - $73,321.
3. Western Plam Beach Mental Health - $177,741.
*Funds obtained from other sources, i.e., In-Kind, County, State, contributions, HRS, United Way, etc.
Some proposers identified only in-kind funding, while others identified a combination of sources.
..Could not determine from the information I reviewed
RESERVE: Agency must make-up difference of Council-approved funds and staff recommendation due
to the difference in the actual millage fate and the millage cap for that municipality.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q.[) - MEETING OF AUGUST 1, 1995
SPECIAL EVENT REOUEST/FOTOFUSION '96
DATE: JULY 28, 1995
This is for the Commission to consider a request to endorse
"FotoFusion ' 96 II , an international photography festival being
sponsored by Palm Beach Photographic, to be held from January 30
through February 4, 1996, and to waive certain rental fees for
use of City facilities.
Palm Beach Photographic is requesting a waiver of City facility
rental fees for all sites except the Tennis Stadium, and a
reduction of the Tennis Stadium fee to $200 per day versus $2,500
per day.
Staff is concerned about waiving fees for the Tennis Center. It
will set a precedent for waiving fees. Also, we did not waive
the fees for the Perfect Harmony Festival. It will be impossible
to make the Tennis Center self-supporting if we waive rental fees
for events such as this. Instead of waiving the fee, if the
Commission wishes to support this event I recommend directing
staff to put $6,000 in the Commissioner's Special Event budget.
Staff could support a reduction of the cleanup fee to $200 per
day, given the nature of the event.
Recommend endorsement of FhotoFusion ' 96, and direction regarding
waiver of fees for use of City facilities.
IJJ~ tb ~ {!;II!o /UC(JlJ(/l7(~xdaiiW
/f-o
MEMO From
CITY MANAGER'S OFFICE
To: ~&.t
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DELRA Y BEACH
f lOR I 0 ...
tr.e.d 100 N.W. 151 AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII.America City
, 1111 !TO: David T. Harden, c:~:::NDUM
1993 d\rJ \
FROM: ~ Robert A. Barcinski, Assistant City Manager (~l )
SUBJECT: AGENDA ITEM #9D CITY COMMISSION MEETING 811195
WAIVER OF FEE REQUEST/PALM BEACH PHOTOGRAPHIC
WORKSHOPS
DATE: July 26, 1996
ACTION
City Commission is requested to endorse FotoFusion '96, an event being sponsored by
Palm Beach Photographic from January 30, 1996, through February 4, 1996, and to
waive certain rental fees for use of City facilities.
BACKGROUND
Palm Beach Photographic is currently in the process of moving into the Ocean City
Lumber property. One of the main events that this organization sponsors is FotoFusion,
which is scheduled for January 30, 1996, through February 4, 1996. FotoFusion is an
international photography festival that will consist of lectures, seminars, round table
discussions, digital workshops and other activities. A detailed schedule and description
of activities is attached. Marjorie Ferrer and I have been working with the organizers to
try to accommodate their space needs. A draft space allocation schedule is attached.
Palm Beach Photographic is requesting a waiver of City facility rental fees for all sites
except the Tennis Stadium. They are asking for a reduction of Tennis Stadium fees to
$200 per day versus $2,500 per day ($2,000 rental and $500 clean-up costs). A copy of
the budget for FotoFusion '96 is attached.
RECOMMENDATION
Approve request to endorse this event, waive fees for City facilities other than the
Tennis Stadium, and consider some reduction in the Tennis Stadium fee.
RAB:kwg
Attachments
File:u:graham/agenda
Doc.:PBPhoto.Evt
@prinle(10nReCYCle(1paper THE EFFORT ALWAYS MATTERS
FotoFusion '96
Time Tuesday Wednesday Thursday Friday Saturday SurdayFeb
J an 30 Jan 31 Feb 1 Feb 2 Feb 3 4
8:30
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9:00
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10:00 S H" P s H P ~ P F
AM
11:00 R ""Hi ....
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11:30 E ~~~ ~.;.,
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12:00 G Round Round Technology Technology ;i':,:' ..,'i.
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PM I Ta b Ie Table Showcase Showcase -''','/
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1:00 S Elise u ssio n Discussion
PM T
2:00 R
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2:30 A
3:00 T f
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4:00 I S S H ? s H- S \-\ P S \-\
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4:30 0
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5:00 N
5:30
6:00 Opehin.g Fusion
PM Reception Art..&'Jazz Schmo oze
7:00 ortthe
7:30 Avenue
8:00 A wards
9:00 Banquet
10:00
10:30
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.
OFFICES:
2310 East Silver Palm Road
Boca Raton, Florida 33432
(407) 391-7557
STUDIOS:
600 Fairwjl Drive, Suite #104
Deerfield eacb, Florida 33441
(305) 481-1742
July 18, 1995
. Mayor Tom Lynch
Plastridge Insurance
P.O. Drawer 730
Delray Beach, FL 33447-0730
Dear Tom:
As you know, Palm Beach Photographic is producing an international photography festival,
FotoFusion'96, from January 30 through February 4, using venues throughout downtown Delray .
- Beach. We have had two meetings with Bob Barcinski to determine which facilities would
. accommodate our space, lighting, a:1d schedule requirements.
Attached you'n find a current draft schedule, event descriptions. listing of confinned artists and photo
editors, and budget for FotoFusion. We are hoping to use the tennis stadium to present three giant-
screen slide lectures free to the general public. Donations from lecture audiences will be contributed to
community-based non-profits in Delray. The Community Center's Mahogany Room would
accommodate a few seminars. In order to break even, we can offer to pay $200 per night for three
nights at the tennis stadium, and re~pectfully request the city waive fees for use of Mahogany Room and
any other available city facilities. We hope to be able to negotiate workable fees with Old School
Square, as wen, so they can benefit from hosting the many tourists who win be attending FotoFusion,
and every community venue can be used to create an atmosphere of photography saturation.
With regard to attendance figures, we anticipate 2,000 overnight visitors occupying rooms at most of
the hotels in Delray, Boynton Bead, and Boca Raton. We also mticipate a.'1 additional 4,000 single-day
visitors to the city during the festival.
As a non-profit organization, Palm ;;leach Photographic's first year in Delray will be a chanenge. We
will be facing increased staff, opera\ ing, and leasing expenses. We hope the city win support our
positive contributions to the image of Delray Beach.
Thank you for your consideration and timely response.
Sincerely,
~
Fatima NeJame
Director
cc: Robert Barcinski ,
A Non-Profit organization dedicated to photograhy and c..igital imaging through education
.
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~ Fot~oFu6ion'96 ",
. . . where .::reativity and technology meet
January 30 - February 4, ] 996
E\'ent Schedule and Description
GRAND OPENING RECEPTION
Tuesday, Jan 30 6:00 pm ~ 7:30 pm
Official opening of FotoFu5ion at Palm Beach Photographic Museum for Gold Passport participants, guest
artists and sponsors.
SEMINARS/ WORKSHOPS/PANEL DISCUSSIONS
Tuesday, Jan 30 through Thursday, Feb I 8:30 - II :30 am / 3:00 - 5:30 pm
Friday, Feb 2 through Saturday, Feb 3 8:30-1l:00am / 3:00-5:30pm
Distinguished guests will conduct irstructional seminars/workshops/panel discussions on a variety of
topics, such as lighting techniques with Tony Corbell; panoramic photography with Joseph Meehan;
creative special effects with Russell I1rown and Luanne Cohen; and publishing your photography with
Joyce Tenneson, Rich Clarkson and ( leorge Schaub.
EVENING SLIDE LECTURES AT STADIUM
Tuesday, Jan 30, Wednesday Jan 31 and Friday, Feb 2 8:00 pm - 10:30 pm
Giant screen slide presentations by special guests, Freeman Patterson, Gordon Parks, James Nachtwey,
and Ruth Bernhard. A Q&A session will follow each presentation.
EXHIBITIONS THROUGHOUT DELRAY BEACH
Tuesday, Jan 30 through Saturday, Feb 3
Photographic exhibition sites to include: Palm Beach Photographic Museum, Old School Square, Cornell
Museum, downtown galleries, bank 'ubbies, cafes, restaurants, ci'/ic buildings, libraries, etc. Palm Beach
Photographic will curate all exhibitiols.
PORTFOLIO REVIEWS
Wednesday, Jan 31 through Saturday, F: I 3 9:00 - 11 :30 am ! 2:30 - 5:30 pm
Participants can have their portfolios I ritiqucd by museum curator~; gallery directors; critics~ writers; J
picture editors; stock agencies representatives; publishers; picture agencies; and famous photographers.
ROUND-TABLE DISCUSSIONS
Wednesday, Jan 31 and Thursday, Feb 1 Noon to 2:00 pm
Lively, moderated, discussions amon,:1 professionals about critical issues facing the industry:
r!!ow Digital Imaging Is Affecting Photographers; and Censorship in Photography & Imaging ~
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FotOFusion '96
. . . where creativity and technology meet
January 30 - February 4, 1996
TECHNOLOGY SHOWCASE
Friday, Feb 2 and Saturday, Feb 3 ] I :00 am - 4:00 pm
Leading manufacturers will display their latest equipment and software, along with demonstrations and
camera clinics.
FotoFusion FOR KIDS
Saturday, F eb 3 9:00 - 1] :30am / 2:00 - 4:30pm
A full-day hands-on scavenger picture hunt for families. Using Kodak FunSaver Cameras, Kodak
Ambassadors will work with kids ages 4 to 17 and their parents, to walk the city capturing the uniqueness
of Delray Beach. Film will be processed for afternoon critique. The best photographs will be enlarged for
future community exhibitions.
ART & JAZZ ON THE AVEr~UE/GALLERY STROLL/BOOK SIGNINGS
Thursday, Feb ] 6:00 pm - ]2:00 am
Downtown Dclray Beach will host tillS popular event featuring bands and visual artists up and down the
avenue and photographic exhibitions in the galleries--book signings where applicable.
Fusion SCHMOOZE
Friday, Feb 2 6:00 pm - 7:30 pm
A reception where participants, guest artists and sponsors can mingle before the Evening Slide Lecture.
TRIBUTE TO "PHOTO MENTORS" AWARDS BANQUET
Saturday, Feb 3 7:00 pm
A prestigious gathering to honor two'\r three leading photographers and present them with a "Tribute to
Photo Mentors" Award. Each "Phot.) Mentor" will present an award to an up-and-coming artist of their
choice who has not been previously recognized. Mentors will also curate a combined exhibition for
viewing at the festival. FotoFu6ion will give emerging artists a jump start on their careers.
PHOTOGRAPHY AUCTION
Sunday, F eb 4 11 :00 am - 1 :00 pm
Photographs by many famous photognphers will be on display throughout FotoFusion. Pre-bids may be
placed on any item(s) throughout the week; final live bidding will take place on Sunday.
~ ~
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.
FotoFu5ion 196 confirmed editors and picture agencies
Michele McNally Picture Editor Fortune
MaryDunn Picture Editor Entertainment Weekly
Deborah Pierce Picture Editor Money Magazine
David Friend Director of Photography Life Magazine
M.C. Marden Picture Editor People Magazine
Michele Stephenson Picture Editor Time Magazine
Beth Zarcone Director Time Inc. Picture Collection
Arnold Drapkin Consulting Picture Editor Time
Jimmy Colton Picture Editor NewsWeek
George Schaub Editorial Director The Commercial Image
Joseph Meehan Editor Photo District News
Richard Rabinowitz Publisher American Photo & Popular Photo
Magazines
Monica Cipnic Picture Editor Popular Photography Magazine
Steve Simmons Editor View Camera Magazine
Dave Howard Editor Camera & Darkroom Magazine
Eliane Laffont Director Sigma Photo Agency
Jennifer Coley Director Gamma- Liason Photo Agency
Sue Brisk Director SIP A PRESS USA, photo agency
Jocelyn Benzakin Director JB Pictures, photo agency
Rich Clarkson Director The Citadel, book publishing
Dr. Matthew Naythons President Epicenter Press, book publishing
Mary Ann Fulton Chief Curator and Acting Director George-Eastman House
Barbara Gilman Director Gilman Gallery
.
FotoFu5ion 196 confirmed photographers and digital artists
Rita Amladi Technical director Cytopia, plug ins for photoshop and illustrator
Ruth Bernhard Fine art Major museum collections: Metropolitan Museum of Art,
Museum of Modem Art, San Francisco Museum of Modem
Art, Bibliotheque Nationale in Paris
Russell Brown Senior Art Director "Photoshop Guru", co-author of Design Essentials and Design
Productions
Luanne Cohen Senior Art Director co-author of Design Essentials and Design Productions
Jill Enfield Infrared photography Featured widely in Zoom, Photo District News, American
and hand-coloring Photographer, Darkroom Photography and Collectors
Photography
Robert Farber Fine art and commercial Sold over 350,000 copies of 7 published art books, clients
include Revlon, Bloomingdales, Saks 5th Ave, Seagrams,
ABC, Columbia and Paramount
Ben Fernandez Educator and Parsons School of Design, Martin Luther King portfolio
photographer
Laurence Gartel Digital artist International computer artist; exhibitions at Musee Francais
de la Fotographie, Le bibliotheque nationale, Museum of
Modem art; numerous publications
Dirk Halstead Photojournalist 25+ years covering major world events for UPI, Gamma-
Liason and Time-- White House photographer with 38 covers
Barry Haynes Digital photographer Clients include Apple Computes, Kodak, Pacific Bell and
Sony
Ryszard Horowitz Commercial Images provoke dreams, desires and imaginations beyond
limitations; commercial work transcends into fine art; 18
major awards
David Hume Photojournalist Pulitzer prize winner; White House photographer for Pres.
Kennerly Ford; new book to be featured in first issue of "George"
Shelly Katz Freelance Photographer, Evolution of digital photography during past 12 years; Time
Photoj ournalist photographer
.
Douglas Kirkland Photojournalist, Look and Life magazines photographer; innovator in digital
advertising and fine art photography
Sally Mann Fine art Major museum collections: Metropolitan Museum of Art,
Museum of Modem Art, Whitney Museum, Corcoran
Gallery
James Nachtwey Photoj ournalist Most dynamic, award winning photojournalist working today;
recipient of THE 3 major photojournalism awards in 1995
Arnold Newman Portraits 7 US presidents, many world leaders in art, music,
government and industry
Gordon Parks Renaissance Man Producer/director of film Shaft, Life magazine staff
photographer, musician, composer, writer; photographer for
the famous depression era FSA -Farm Service Administration
photographic project
Freeman Patterson Nature Most popular nature photographer/teacher; 7 best -selling
books
Denis Reggie Wedding photojournalist Photographer for "the rich and famous", including all
Kennedy family weddings
Irene Sacilotto Nature and travel Leader of photography workshops to exotic locations:
Galapagos, Africa, Patagonia
Sebastiao Salgado Documentary Recipient of every major photographic award; most
photographer humanistic photography in the world
Jock Sturges Fine art Exhibited world-wide; specializes in family relationships
Joyce Tenneson Commercial and fine art 100 exhibitions world wide, numerous awards, author of 5
books
Anna Tomczak Fine art Combines photography and paint to create startling results
unattainable through conventional color photography
Dr. Richard Zakia Professor, RIT Author of 10 technical and design photography books; editor
of "The Focal Encyclopedia of Photography"
.
FotoFusion '96 Budget
unit cost per unit subtotal total grand total
EXPENSES
Picture editors $23,000
airfare 25 $500 $12,500
hotel 150 $70 $10,500
Guest photographers $23,000
airfare 25 $500 $12,500
hotel 150 $70 $10,500
FotoFusion for Kids
photographers' honoraria 10 $100 $1,000
photo processing 200 $14 $2,800
Exhibitions 20 $1 ,000 $20,000
Mentor Awards 4 $2,000 $8,000
Marketing
print advertising attached $30,000
program 10000 $3,000
direct mail brochure 100000 $11,000
postage 100000 $12,000
Ground transportation $5,000
Venue rental fees lj2,OOOJ;"Y
Equipment/furniture rental $4,000
Refreshments
hospitality suite 400 $10 $4,000
brown bag lunch 4000 $5 $20,000
opening reception $3,000
T-shirts 1000 $6 $6,000
Gala 250 $30 $7,500
Personnel administrative $40,000
Other festival start-up $28,450
phone, electric, office supplies, insurance, rent
TOTAL EXPENSES $253,750
INCOME
Admissions 1000 $95 $95,000 $154,000
200 $295 $59,000
Sponsors $60,000
Technology showcase $10,000
Gala dinner 130 $75 $9,750
CVB Co-op advertising grant $20,000
TOTAL INCOME $ 253,750
Confirmed In-kind contributions
Hasselblad $15,000 I " ( ( , ,
Kodak $4,320 ,c. / i I".~'. ... if" ~ I.. ,\1
American Photo Magazine ads $77,000
American Photo Magazine editors $2,760
City of Delray Beach C J
TOTAL IN-KIND $99,080 $ 99,080
.
~. .
Room Location Schedule Photo Workshop 1-31 through 2-4, 1996
Evening Slide Lectures (2,000 - 3,000 people) 1/30, 1/31 & 2/2
8pm - 10:30pm Tennis Center
Round Table Discussions (300 - 400 people) 1/31 & 2/1
12pm - 2pm Crest Theatre
Will require area for Brown Bag Lunch
Technology Showcase (300 people) 2/2 & 2/3 (need 2/1 set up)
lOam - 4 pm Old School Square Gymnasium
Also requires place for Brown Bag Lunch
Awards Dinner (250 - 300 people)
6:30pm - Ilpm Golf Course Clubhouse
Opening Reception (200 - 400 people) 1/30
6pm - 7:30pm Photo Museum
Auction 2/4
10:30am - 12:30pm Photo Museum
Fusion Schmooze 2/2 (need large space - area to show photography)
6pm -7:30pm Photo Museum
Foto Fusion For Kids 2/3 (wants to use Center also inside)
8:30am - 11 :30am and 2:00pm - 4:30pm Veterans' Park Tent
Photo Session Klein Dance 2 hours on 1/31
Area for dance company to perform and photographers' shoot
Old School Square Gymnasium
Portfolio Reviews 1/31,2/1,2/2 & 2/3
9:00am - 11 :30am and 2:30pm - 5:30pm
Space for 20 reviews - 1 table each with a couple of chairs
Colony Hotel
"
.
Seminars (50 - 100 people) 1/30 through 2/3
8:30am - 11am and 3:00pm - 5:30pm
Indirect
No. of Screen Outside
People & Equip. Lighting
City Commission Chambers up to 144 X No
Library Auditorium 200 X No
Chamber of Commerce Conf. Rm. 35 Yes
Fire Station Headquarters 75 X No
Police Department 30 X No
City Hall Conf. Rm. 40 X No
Monterey House 15 Yes
Boston's (Upstairs) 50 Yes
Holiday Inn 275 X No
OSS Theatre 322 No
OSS Angelique Tea Room 50 Yes
Mahogany Room 65 X Yes
Banyan Orchid Room 65 Yes
Back Room 30 Yes
Gallery Space
Sun Bank
City Hall
.
Digital Imaging Workshops 1/31 through 2/3
8am - Ilam and 3pm - 5:30pm Photo Museum
Gallery Stroll
Book Signing on Avenue
6pm - 8pm Various Locations
File:u:graham/misc
Doc. :Photowks.loc
. . olS
. tiM
[IT' DF DELRA' BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
f lOR I 0 ....
td.Itd
AII.America City
" III! MEMORANDUM
1993 DATE: July 27, 1995
TO: City Commission
FROM: David N. To1ces, Assistant City Attorne#.-
SUBJECT: Tate v. City - Settlement
It appears that the property transaction involving the City, Stanley Tate and Excel
Development (Excel), has fallen through. Excel has declined to purchase the property.
Consequently, there are two actions the Commission should consider at this time:
1. Due to the continuing inverse condemnat\on lawsuit brought by Mr. Tate, the
City Attorney's Office desires to retain the firm of Vance and Doney, P.A. to
assist in the defense of this case. Both James Vance and Bill Doney will be
available to assist at depositions and trial.
2. The Commission should consider formally cancelling all existing agreements
between the City, Stanley Tate, and Excel Development. The formal
cancellation will effectively terminate the proposed settlement.
The purchase of the Temple Sinai property for a road was contingent on the Excel deal
closing, or the contract provided in the alternative the City could proceed to purchase the
right of way from the Temple. The contract provides for a closing by January 10, 1996.
At some time prior to January 10, 1996, we will request that the Commission either
cancel the contract or proceed with the closing. In the meantime, we will proceed with
the defense of the lawsuit, and consult the Planning and Zoning Department regarding
the Temple Sinai purchase.
q E.
@ Printed on Recycled Paper
-
.. .
City Commission
July 27, 1995
Page 2
The above actions should be considered individually. Please place this matter on the
City Commission August 1, 1995 regular agenda for City Commission consideration. If
you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
tate- 2. dnt
. '
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9. F. - MEETING OF AUGUST 1. 1995
CONTRACT ADDITION (C.O. #12) /CHAZ EOUIPMENT COMPANY,
INC.
DATE: JULY 28, 1995
This is before the Commission to approve a Contract Addition
(Change Order No. 12) in the amount of $22,500.00 with Chaz
Equipment Company, Inc. for the emergency removal and replacement
of a deteriorated sanitary sewer manhole on High Point Boulevard
North.
The existing 12 foot deep manhole has settled approximately one
foot causing the eight inch clay inflow/outflow lines to shear
outside the manhole. The resulting infiltration of fill material
into the pipe has caused the surrounding pavement to undermine
and collapse.
Three bids were solicited for this work, with Chaz Equipment
Company being the low bidder at $22,500.00. This price includes
all labor, equipment and materials to replace the manhole and
adj acent piping, dewatering, by-pass pumping, traffic mainten-
ance, and surface restoration to a like or better condition.
Recommend approval of a Contract Addition (C.O. #12) with Chaz
Equipment Company, Inc. in the amount of $22,500, with funding
from Water and Sewer Renewal and Replacement - Manhole Rehabili-
tation (Account No. 442-5178-536-61.84).
~~-O
.
Agenda Item No. q. F
AGENDA REQUEST
Date: July 21, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: August 1, 1995
Description of item (who, what, where, how much): Staff request City
Commission to approve add Contract Addition (C.O. #12) to Chaz
Equipment Company, Inc. for the emergency removal/replacement of an
existing deteriorated sanitary manhole on High Point Blvd. North in
High Point of Delray (Pro. #92-02) . The existing 12' deep drop
manhole has settled approximately one foot causing the 8" clay
inflow/outflow lines to shear outside the manhole. The resulting
infiltration of fill material into the pipe has caused the
surrounding pavement to undermine and collapse.
The price from Chaz included all labor, equipment and materials to
replace the manhole and adjacent piping, dewatering, by-pass pumping,
traffic maintenance and surface restoration to a like or better
condition.
The amount of Contract Addition (C.O. #12) is for $22,500.00. Two
other bids were solicited and received by Purchasing for this work.
A price of $29,140.00 was received from JOhnson-Davis, Inc. and a
price for of $29,625.00 was received from Molloy Brothers, Inc.
Funding for Contract Addition (C.O. #12) is from 442-5178-536-6184
R&R Manhole Rehabilitation for $22,500.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff requests approval of Contract Addition (C.o.
#12) . ifZ.
Department head signature: U'dJ. ~~5"k~~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available~/NO
Funding alternatives Allk (if applicable)
Account No. & Description lftf::/",-,577t'- 53, ~t'/!If (WIS ~ t-ref"~ ~/h.{c
Account Balance "1 71 '31'1.7' ~ / flt:'P.-41J1.)
, ~
" .)/ 7/~('j3
Cl. ty Manager Revl.ew: --
Approved for agenda: ~o/NO t7'-1
Hold until: .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memorandum
To: David T. Harden, city Manager ~
From: Howard Wight, Dep Dir of Construction Di~~~~
Date: July 21, 1995
Re: Roadway Reconstruction Plan (Projects East of the
Intracoastal waterway)- (92-02)
Contract Addition (c. O. #12) to Chaz Equipment Co., Inc.
Attached is an agenda request for Commission approval of contract
Addition (C. O. #12), to Chaz Equipment Co., Inc. on the above
referenced Project. It is for the eaerqency removal/replacement
of an existing deteriorated sanitary manhole on High Point Blvd N
in High Point of Delray (see attached map). The existing 12'
deep drop manhole has settled approximately one foot causing the
8" clay inflow/outflow lines to shear outside the manhole. The
resulting infiltration of fill material into the pipe has caused
the surrounding pavement to undermine and collapse.
The price from Chaz includes all labor, equipment and materials
to replace the manhole and adjacent piping, dewatering, by-pass
pumping, traffic maintenance and surface restoration to a like or
better condition.
The amount of this Contact Addition is $22,500.00. Two other
bids were solicited and received by Purchasing for this work. A
price of $25,140.00 was received from JOhnson-Davis, Inc. and a
price of $29,625.00 was received from Molloy Brothers, Inc.
Funding is available from 442-5178-536-61.84 R&R Manhole
Rehabilitation for $22,500.00.
CC : Dick Hasko, P.E., Deputy Director of Public utilities
C. Danvers Beatty, P.E., City Engineer
William H. Greenwood, Director of Environmental Services
Mike Offie, Supt. Water/Sewer Network
A:MEM09202.DOC
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CONTRACT ADDITION
CHANGE ORDER #12 PROJECT NO. 92-02 DATE:
PROJECT TITLE: Roadway Reconstruction Plan (Projects East of the
Intracoastal Waterway) (92-02)
TO CONTRACTOR: Chaz Equipment Company, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Replace existing 12' manhole on High Point Boulevard North in High
Point of Delray (see attached location map). Chaz Equipment, Inc. to
complete the installation; including but not limited to
clearing/pavement removal, excavation, wellpoint dewatering, removal
and disposal of existing manhole, by-pass pumping, traffic
maintenance and surface restoration to a like or better condition.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381. 45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 552,853.50
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,976,141.39
COST OF CONSTRUCTION CHANGES THIS ORDER $ 22,500.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,998,641.39
PER CENT INCREASE THIS CHANGE ORDER +1. 3%
TOTAL PER CENT INCREASE TO DATE +42.3%
CERTIFIED STATEMENT: I hereby certify that the supporting cost
data included is, in my considered opinion,
accurate.
CHAZ EQUIPMENT COMPANY, INCORPORATED
(Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Service Department 442-5178-536-61.84
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Z
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"""0'
.
J.UL-.18-95 TUE 14:32 CHAZ EQUIP. CO. INC. P.02
1855 Dr. Andre's Way, Unit 5 e ) ,.., 1:11 ~; I B PH: (407) 278-4451
Delray Beach, FL 33445 FAX: (407) 278.5149
PROPOSAL
Dat.e: July 18, 1995
Pro~os.l Submitt.~ I2L Wo.k ~ ~ P~Afo.med AiL
City of O~l~ay Seagn Replacement of Manhole
434 S. Swinton Avenull Int&rsec:;tion of: H:i.gh
Oelray Beach , FL. Point Blvd. North and
High Point Driv~ North
ATTN: Janic;e Slazyk Oelray Beach, Florida
We h~.eby propose to rurnish and install the following:
1. Hi) , - 12' MANHOLE, BOOTS, AND RING AND COVER.
(Utilizing ~xist. ring and cover)
2. REPL.ACE APPROXIMATELY 30 L.F OF 8" vep W/20 LF OF S" SDR
35 PVC
(Installation of approximat.ly l~ l! ot 8- PVC per side
of Manhol.. >
Note: Should additional a" PVC main line be required an
additional Qoet oi .7S.00 per l~ will be edded to the
lump .urn pric;e.
3. BY-PASS PUMPING.
4. RESTORATION.
~. REMOVAL FROM SITE EXISTING MANHOLE
The above work to be perform.d in accordanc& with verbel
informa~1cn received from ~ity Official. at job location.
TOTAL LUMP SUM PRICE~.ft-----------------Dollars ($22,500.00>
With payment to be made as tollowa------30 days of invoig~.
Any alteration or deviation from above specification.
involving extra coste will be executed only upon written
order, and will become an extra charge over and above the
e$t.imate. A1l .sreement.s contingent. upon strikes, accident.e,
or delays beyond our control.
Respectfully submitted pHAZ EQUIPMENT CO., INC. .
PE'r
Donnie Oden, President
Note-~-Thie proposal may be withdrawn by us if not accepted
vit.hin ten (t~) rlAV~.
.
521 P02 JUL 17 '95 16:37
- 4072437166 ~ PURCHASING-OFFICE
_ 0.7/17/98 >>tON 15: 03 FA.X Iil 002
J -- D
JOHNSON-DAVIS INC.
HIAVY OONSiRUC'!'ION ~~~ UNDIRClIltOUNCI UTII.IT1ES
eo. Jolll.LBRATM l)llIIVE
\..A~TAN". FLOFlIOA ~"'2
407-&88.1170
luly 17, 1995
Ms:JBIlice Slazyk
City of Del ray Beach
~.:; Purchasing Dept.
100 N.W. 1st Ave.
Delray Beach. FL 33444
at: Sanitar,y Sewer Repajr - Bighpoint Section .2
Ladies and Gentlemen:
We respectfully submit the following proposal for your consideration. The q\lQtation is based on
information supplied by Mr. Howard Wight of the Engineering Division of'the Environmental
Services Department.
Replace Drop Ma.nhole LS S 2S,140.00
Special Provisiolli
.. Base and asphalt rep~ is included
- Firehydrant meter deposit and cost of water usage is not included
- BYPMS pumping is included
or Cost of all permits are not included
.. Price is based on closing road to local traffic only
Please contact our office if we may be of service.
sincererj' h
412172437166 PURCHRS I NG-OFF ICE 519 PI2I2
I I JUL 17 '95 11:1212
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q . G. - MEETING OF AUGUST 1 , 1995
CONTRACT ADDITION (C.O. #l)/HARDRIVES OF DELRAY, INC.
DATE: JULY 28, 1995
This is before the Commission to approve Contract Addition (C.O.
#1) in the amount of $90,737.50 with Hardri ves of Delray, Inc.
for the construction of a bike path and sidewalk on the south
side of Germantown Road to serve the new Orchard View Elementary
School.
Funding is available from General Construction Fund - Bike Paths/
Sidewalks (Account No. 334-3162-541-63.11) .
Recommend approval of the Contract Addition (C.O. #1) with
Hardrives of Delray, Inc.
~ ~-O
Agenda Item No.: %
AGENDA REOUEST
Date: Julv 19. 1995
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When Auqust 1- 1995
Description of item (who, what, where, how much): Hardrives of De1rav. Inc. .
the contractor for the road work at School Site ' s' . has submitted a quote for
the construction of a bike path/sidewalk alonq the south riqht-of-wav of
Germantown Road. The quote is in the amount of 590.737.50. The fundinq source
for this work is the General Construction Fund. account number
334-3162-541-63.11.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends issuinq this contract addition (C.O. #ll to
Hardrives of Delrav. Inc. . in the amount of $90.737.50.
Department Head Signature: MI!<SD- --J ? /~~f ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: ESVNO
Funding alternative tlijl!iififZt:i7;{l~r T3r~
~ Account No. . D~CriPtiK ?~:..~~.._ -.. Ur.C)- p!#:~.
Account Balance O,/?; . 1f{ G . tL
j' .7
City Manager Review:
Approved for agenda: e/NO IlL I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGSCH719.MRM
.
DEPARTMENT OF EBVIRORIIENTAL SERVICES
MEMORANDUM
TO: DA VI>> T. HARDEN
CITY MANAGER
FROM: WILLIAMH. GREENWOOD t/l4/f!)
DnmCTOROFE~ONMENTALSERVlCES
DATE: .July 25, 1995
SUBJECT: School Site'S' (Germantown Road Bike Path/Sidewalk)
Project No. 93-32
Attached is an Agenda Request for Contract Addition (COIl) to Hardrives of Delray, Inc. in the amount
of $90,737.50. The unit prices in this quote are based on the original contract prices for School Site'S'
road work. The three main unit prices within this quote are for the asphalt bike path, the sod and the
concrete sidewalk. A review of similar unit prices on several recent projects shows that these prices are
similar or significantly lower than current bid prices. Furthermore, as a change order this work can be
completed to coincide with school opening in August.
This Contract Addition consists of constructing approximately one mile of Bike Path/Sidewalk along the
south side of Germantown Road. This includes clearing the Australian Pines in front of Fox Chase and
constructing curbs in front of Andover.
The funding source for this work is from the General Construction Fund account no. 334-3162-541-63.11
for $90,737.50. This account currently has only $48,640.20, therefore, a budget transfer for $42,100.00
will be required. The Finance Department is aware of this situation.
If acceptable, please place this item on the agenda for commission approval.
Attachment
cc: Joseph Safford, Director of Finance
C. Danvers Beatty, P.E., City Engineer
File: Project No. 93-32 (0)
Germantown Road
Bike Path/Sidewalk
School Site'S'
Project No. 93-32
Contractors Quote
NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST
1 Maintenance of traffic LS 1 3,500.00
2 Clearing and grubbing LS 1 24,500.00 24,500.00
:3 .A.!~h~lt ps'./ement romcva:, ,.." .... $4.00 $24U.UO
'" I UU
4 1" Type S-III asphalt bike path SY 3200 $9.00 $28,800.00
5 Type "0" curb LF 170 9.25 1,572.50
6 Guardrail LF 70 $19.00 $1,330.00
7 Grade swales LS 1 9,785.00 9,785.00
8 Sod SY 7000 $1.85 $12,950.00
9 Concrete sidewalk SF 3200 1.50 4,800.00
10 10' Crosswalk EA 8 95.00 760.00
11 Landscape & Irrigation allowance LS 1 $2,500.00 $2,500.00
Total
Note: Price specifically excludes installation of bio barrier
along edge of path.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ q.l-/ - MEETING OF AUGUST 1. 1995
LAKEVIEW GOLF COURSE INSPECTIONS/CAPITAL ITEMS
DATE: JULY 28, 1995
The attached report summarizes our revised budget for bringing
Lakeview Golf Course up to our standards and correcting deferred
maintenance. Budget revisions were done based on our detailed
inspections of the Golf Course facilities. The total revised estimate
exceeds our initial budget by $9,000.
Staff considers this difference manageable, and recommends that the
City proceed with acquisition of this property.
ref:agmemo6
.
[IT' DF DElAR' BER[H
DELRA Y BEACH
F lOR I 0 "
tdtd 100 N.W. 1 st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII.America City
, III I! MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: STATUS LAKE VIEW GOLF COURSE INSPECTIONS
CAPITAL ITEMS
DATE: July 25, 1995
I now have, at least verbally, all the inspection reports and cost estimates for the
Lake View Golf Course, including the irrigation system inspection, air
conditioning system and termite. Attached is Brahm's 5-year Capital
Improvement Plan with initial bond related expenses.
Below is a summary of the initial and year one budgeted amounts with our
estimates:
Budget
Initial + First Year Estimate
Greens $35,000 $35,000
Bunkers 5,000 5,000
Equipment 15,000 15,000
Sod 8,000 8,000
Environmental 25,000 2,500
ADA 40,000 32,000
Ale 6,500 500
Irrigation 4,000 13,500
Tees 5,000 5,000
Trees 5,000 -0-
Misc. 7,000 2,000
Parking 10,500 6,500
Termite -0- 5,000
Structural/Roof -0- 45.000
$166,000 $175,000
@ Printed on R,gcycled Paper THE EFFORT ALWAYS MATTERS
.
Status Lake View Golf Course Inspections
Page 2
-A1C Inspection - okay, about $500
-Termite - all buildings need tenting (swarming termites) $6,000
- Irrigation (see report attached) $13,500
I think we still might be able to squeeze out enough first two years to stay at
about the original estimate of $166,000, based on estimates for work needed to
date.
RAB:kwg
cc: Susan Ruby
Brahm Dubin
Kevin Becotte
File:u:graham/golf
Doc:LakeView.CI
.
-,-" ,," , "" .. --.. "",..~'..
_',,;,'."~"~'/<';'~' ""',:","7""'"
j;i
LAKEVIEW GOLF CLUB
NOTES
NOTE 1 - 5 Year cap~tal Plan~
INITIAL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
GREENS $35,000
BUNKERS 5,000
EQUIPMENT 15,000 0 15,000 15,000
SOD ( FAIRWAYS) 8,000
ENVIRONMENTAL 15,000 10,000 10,000 5,000
ADA 40,000
AIR CONDITIONING /6,500; NIA NIA
ROOF t;,- 20,000
IRRIGATION 4,000
TEES 5,000
CART PATHS ~,OOO 15,000
TREES 5,000 5,000
MISC ~_, Q.2_0 5 , 000 . - 5, 000 5,000
PARKING ( --TO;"?OO - ~
TOTAL $125,000 $41 ,000 $50,000 $50,000 $50,000 $50,000
NOTE 2 - Debt Service
We assumed a purchase price plus initial capital of $2.3 million
@ 6.5% P.A. amortized over 20 years.
~
!,\~
\.
. ~.:'::~j;~"....~. ~
JI~IL -25-1995 14:50 :=;E 8 F' /' Er'l ::::; F'.02
sean
lectric & Pump, Inc.
2115 7th Ave North Bay 8, Lake Wonh, FL
407-S88~5886 Fax 407-582-9344
PROPOSAL
DATE July 25,1995
Quotation#: S4 222 Page 1 01'...1
SUBMITTED TO: PROJECT/JOB:
Delray Beach Lake View Golf Club
Attn. Bob Barcinski
Upon our completed inspection of the pump station located at Lake View Golf Course
our findings are as follows.
#1 The Pump Station Consist of 1-25HP 1-40 HP 1- 50 HP Pump & Morar.
#2 The Hydraulics Consist of a side stream 150Gal. Tank and 2_4" CLA valves.
#3 The Power & Controls are 230V olt 3 Phase
#4 The Control Logic is pressure on - pressure otIwith a time clock enable
The Pump Station appears to be operable although antiquated. The original design ofthis
station doe's not meet the standards of the systems manufactured today, With the heart of
the station being the pumps and motors which appear to be in fair to good working order,
We feel that this station could be upgraded by replacing the control panels and relocating a
tank to the proper location within system piping. The complete renovation of this station
using remanufactored and new equipment would cost some where between 10-15
Thousand dollars This type of renovation in conjunction with a Preventive Maintenance
program should allow the system to operate safely for several years with out any major
expense.
Sincerely,
7~ fl &.~
TrlTHI P.vQ
.
_..__.~'. . _.. ......_.__.. "._,...".-~ "~__"__"_.",,-_4'
( ,J 0 . 0
MEMORANDUM.
TO: Robert A. Barcinski, Assistant City Manager
THRU: Lula C. Butler, Director of Community Improvement
FROM: Jerome Sanzone, Chief Building Officia~
SUBJECT: INSPECTION OF LAKEVIEW CLUB HOUSE AND RESTROOMS
RELATIVE TO STRUCTURAL COMPLIANCE
DATE: July 7, 1995
On June 27, 1995 Jim Schmitz, Doug Randolph and I inspected the
Lakeview club house for compliance with ADA regulations as well
as the structural conditions of the buildings. The following
observations were made concerning the structures:
. * At grade, a golf cart area was added to the storage
"JZC/6Do area of th,e new b~ilding without a permit~ The 7'~q' ~IC~
structure ~s relat~vely new. The metal shed "n the
rear is deteriorated. The wiring was installed
without a permit and romex wa.s used. "~his must be
removed. C/ I2R ~~ (~4? 90 f.e-,~cJ-,/
f ,D.eoD * Inside, the roof is leaking at the seating portion of
the eating area.
#4DO * The water heater needs to be removed from the food
storage area.
4 ~~Oj * The soffet screen continuous vents must be replaced.
0"7'Coc~ The mansard shakes need to be replaced. (e~ wcv:;t- t6"7,.,...~)
~~!,~. The main building needs to be reroofed.
/.#-' 2~
~c * The maintenance section needs to be reroofed. There
~ are holes in the existing roof and the sheathing
needs to be replaced.
~ _ * The out buildings which include the bathrooms should
e)coV be tented. Termite infestation is apparent. These
buildings also require reroofing.
Note: These buildings seem to be in severe disrepair
but not condemnable. They are in need of repair and
show signs of not being maintained.
If you have any questions regarding this inspection please let
me know.
JS:dc
JS#9/Lakeview.CH
.
AS UUL 0' ;199<:
M E M 0 RAN DUM
MEMO TO: Robert Barcinski, Assistant City Manager
THRU: Richard Corwin, Deputy Director of Public w~~
FROM: Jim Schmitz, Building Maintenance super~or
DATE: July 5, 1995
SUBJECT: LAKEVIEW GOLF COURSE COST ESTIMATE FOR ADA COMPLIANCE
AS RECOMMENDED BY DOUG RANDOLPH
In response to your request of July 3, regarding the estimated
cost of construction to comply with ADA requirements relative to
the Lakeview Golf Course clubhouse and restrooms are as follows:
1. Construct a wheelchair accessible ramp $ 8,000.00
to the clubhouse approximately 75 ft long.
2. Provide and denote 5 accessible parking spaces $ 250.00
(2 van, 3 car) near above noted ramp.
3. Archways, pathways, countertops, etc. which $ 3,500.00
need to be widened and relocated, and internal
ramping installed.
4. Water cooler to be upgraded to an accessible $ 750.00
type.
5. Totally reconfigure clubhouse restrooms which $ 8,000.00-
are currently not accessible. 10,000.00
6 . Totally reconfigure restrooms on golf course
which are currently not accessible.
If you have any questions regarding this project,
on Ext. 7338.
JSjsdl .;3~ J)~ ~~4t) ,)tJO D
REF: JS 70595A.MEM -
.
RECEIVED
DEPARTMENT OF ENVIRONMENTAL SERVICES JUL 2 6 1995
MEMORANDUM
CITY MA~""''''''''~ mFICl:
TO: Robert Barcinski
Asst. city Manager
FROM: Kevin J. Becotte, P.E~
Assistant City Engine r
DATE: July 25, 1995
SUBJECT: Lakeview Golf Course
Project No. 95-49
(Air Conditioning & Termite Inspections)
Atlantic Refrigeration Corp. inspected the air conditioning{
heating units at the Club House on July 25, 1995. Attached
is the report on the two units.
The unit for the main dining area is a Carrier about 2-3
years old and in good condition. The air handler for this
system is older, approximately 5-6 years old. A new blower
wheel motor was recently installed on 7/19/95, see attached
invoice.
The second system for the extended dining area is a Bard
package system about 5 years old. This unit is also in good
shape. The service technician suggested the breaker be
moved within three feet of the unit in case of emergency.
Basically the technician felt that the units were well
maintained and should last another 3-5 years or more wi th
proper maintenance.
The termite inspection was conducted by Jermac Pest Control
on July 25, 1995. The report will be completed on the
standard inspection form and sent to the City.
During the inspection, Jermac found evidence of dry wood
termites in both the club house and the on course restrooms.
This will require tenting of both buildings. CUrrent club
house staff had no knowledge of either building ever being
tented.
Also, in the club house past evidence of damage by
subterranean termites was found. The staff stated that
these termites had been exterminated. No evidence of
existing infestation was found.
.
Project No. 95-49
Page two
The termite inspector also noted some wood damage and
rotting under the carpets. The wood floors were damp and
molding.
The cost for tenting the club house and on course restrooms
is estimated at $3,000 to $3,500. This number may be
reduced if the garage area attached to the club house can be
isolated and excluded from the tenting process.
KB:mm
cc: David T. Harden, City Manager
Susan Ruby, City Attorney
C. Danvers Beatty, P.E., city Engineer
File: Project No. 95-49 (A)
KB549725.MRM
.
..,'-- -.- ..- ~ ---'.' '.0 _ _.~- ~_.__.._- -- .-.-- ..- - _.-.
SERVICE 'AGREEMENTS "DON'T PANIC CALL ATLANTIC"
AIR CONDITIONING ATLANTIC REFRIGERATION CORP.
REFRIGERATION 1395 N. W. 17th Ave., Suite 113, Oelray Beach, FL 33445 59457
ICE MACHINES 305-427-3544 407-278-1937 407-737-5469
DATE I NC T REF I ICE M I OTHER CUST. POI OR WAil CUSTOMER NO. r ) I CONTRACT I y I N
9' ~I I I
I-J) - S \
NAME \LfU'-' {,tl/ ~ I~/:>,~-/ LAJ~
MAKE & TYPE MODEL SERIAL NUMBER It:W
0- ~? t '( ;
~ \0,.J ADDRESS
II'.. ~ v
t JVu l \ l:" 1'\.... ~! tj..J b~ 1J'..,w r I
- ;1
FORM OF I CHARGE I I COD
PAYMENT ACCT. I CASH I CHECK I VISA - Me
SALES REP: I TECHNICIAN N": 3
Service Requested: (' G--l.(. ;/~ dWit-'-J
Evaluation I Recommendation:
Cjlj !f: (I ?!<t/ iJ . ....- 21/12 S old AIH 'f.
Description of Work Performed: 'S (.,.'" ; o'..?vI I l- f) /( /~/<---
) I / A \ (., h-U'~ 1...- r 10/ I ,'I Ii .., /? A.- j "') ~~ s .-9/J -
II !-".'-, .J /..... i!)..J ~ /:.." I} ,./
'::', i 1 ,~,; ~ 1rJ)( . I ' I /?~( IL- I
BILUNG CATEGORIES: ,,;>,).0
1. Service Evaluation Charge ................ ............................. ................. .......... ...... ... .... ................... .... .......... ............... .......... .... $ ) -
2. Residential Repair Charge 0 Code # $ }
Commercial Quote 0 Code # $ $
Code # $
3. Time and/or Material Charges "MInimum Charge 1 Hour"
Labor I HOURS I x I RATE I $
Materials (See detail below).................................................................................................................... $
Total Time andlor Material Charg.. ................................................. .................................................................................................................$
4. Installation per Agreement....................................................................................................................................................................................$
5. Other Charges: Permit CJ Shipping & Handling CJ ....................................................................................................................................$
Oty. Part No. Description - Material Charges Each Total
Sub Total ...................................$
Sales Tax (Items 2. 3. 4)............$
Total Invoice .............................$
Deposit .....................................$
Rebates ....................................$
Balance Due .............................$
LABOR GUARANTEE: The labor charge as recorded here relalive 10 the equipmenl s8lViced as noled Is
guaranlHd lor a period 01 30 days.
CHANGED Q PARTS WARRANTY: All parts as recorded are warranled as par manulacturer specificalions.
OUT(QR Y S The un<larsignad has the authority 10 order the above labor and malerials on bahaU 01 th. above named
OTY._ ,:. REPLACED)?
Q D purchasar. The labor and materials described above have been complelely and sallslactorily per!olmed and
.'.DIS- Q fumished. The above described malerials shaH ramain personally and the lfile to same shall ba retained by
NO OTY._ MANTLED? Y S ATLANTIC REFRIGERATION unlll paymenlls made by the purchasar In lull.
Q D OTY._. ... REFRIGERANT DISPOSAL ATLANTIC REFRIGERATION Is not liable for any delects in labor or malerial unless the purchasar giveS
NO <B> wrillen nOlice of such defects within len days from the dele ollhis conlract. Paymenl in lull is due within len
Q D days from Ilia date of this contract. Purchaser agrees to pay all costs 01 col1ection inCluding a reaonabla
OTY._ OUR PEA80NHEL attorney's lee, In case this conlracl Is nol paid in full when due and same is plaClld in !he hands of an
NO RECOMMENDED: attom.y lor col1ectIon, foreclosure or repossession. whether sufi ba brought or nol. All delinquent paymenls
D D shall baar inleresl allhe rale 01 12% per annum until paid. Purchaser waives demand and all requiramenls
YES NO OTY._ necessary 10 hold flllable. Purchaser agrees that the malerlals ebove described will nol ba moved lrom the
above addr..s without the prior written consent 01 ATlANTIC REFRIGERATION.
D D OTY._ 4l(~~ i\ Kv~ y 4 (,
YES NO . CUSTOMER Al1]ltORIZED SIGNA TVRE I TECHNlCrGNA TVRE
?~ ~ 9cn ~ ,,4~1
705 Bo~d Way"- -- '-'LB. 1I1">.....L.. "\..i"H.i-i.i.....i'l..
. D-ELRAY BEACH, FLORIDA 33483 INVOICE
~S(
~ (407) 276.6472 32085
alLLTO loke VLeW Od-9 Club
..... u .. m..... .. ..... .......... ..... .... ..... ......... .. ....... ......... . ",. ......... ..............,.... .............. .....h... THIS WOAK 1$ TO BE
):;;2()::) 08./er QCOld 0 C.O.D. 0 CHARGE 0 NO CHARGE
......... ,..........-............' ............--................. ..-.-.......-..-......-.......-..._-...........".....,.............h........... ..... ...,... ............... MAKE
[:;Ql[Q~t:ch.. ).+;:j~5 MOOEL
SERIAL NUMBER
NAME L~j<tL. U r €-\.O ~ f) \ + ~ I ~ '" ''1/ I+!J.-I~ ~
STPT;:xjy/) Doue.,- I2dJ ~I/~ . fj', ENVIRONMENTAL CHECK LIST WORK PERFORMED
I ~i).o.l ~ PROr.!ISED WORK PERFORMED QTY. TYPE/DISPOSITION CONDENSING UNIT CONO'SATE DRAINS
OR CEO CLEANED
PHcllllO.-' ( I CALL BEFORE 0 A.M. E OV RE LEVELED MAIN DRAIN
, -....; 0 P.M. 0 RECYCLED CLEANED COIL ~~i~'~N~'N
TECHJUC"h fL. AUTHORIZED BY 0 RECLAIMED CHECKED CLEANED
M ~ '"- CHARGE PAN DRAIN
o R TU REPAIRED REPAIRED
WOiIlK TO BE PERFORMED ^ /'\ f ) E RNED LEAK IN COlL PAN ORA'"
_ r f J I J..A 0 DISPOSAL ~:r~',~EgOPPER FURN_ OR FAN COIL
~ I A/I VJ""'" V 1/ 1--1" /1 ~ Y." ~ 0 DISMANTlED TOTAL S . REF REPUoCED SElT
V' t>-..I '~ II ( 0 CHANGED OUTrAEPlJ\CED CHECI(EO
~ _. . _ "'- MOTOR ADJUSTED SELT
aTY MATERIALS & SERVICES UNIT PRICE AMOUNT DES"RIPTION OF.WOR" OERFORMED CHANGED REPLACED
;"~'-.. ., '..?-1 t; MOTOA PUllEY
I 1.-, A ___I "'ee{( REPLACED ADJUSTED
REFRIGERANT R- LaS_ I I 1./111_...... ~~ If . SELT PULLEY
... ..-- I ....... t . "~I ('~ ill) ~~~STED it6"-te'if
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_. ......... . _ _ .. _. _._.......~ . 2~ I.. ... ~ . ~ ~1'L '"--'~I-n:;; - REPL START. OILEDSEARINGS
I I -... '/~ CAPACITOR
I I ~ VI" ~ REPLACED RUN CLEANED
. ._ ...... T!., ..~ CAPACITOR HEAT eXCH.
J .., I /) // L: 78" r . r - CLEANED OR REPLACED
~ rJtJf!jL ...... ...... II ... .... ..... ... ....... '..11_ .......____ :~~~~::ACTOR ~~::::~~~
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/.;l.h p___:?~&J___ :.. ... ....: ...~;;o; REPLACED FUSE ~~::J&DDUPLE
~ J.J... -.L,.. I 13l.P Ig-r REPLACED REPAIRED
__~r~ ~ . /3."-1fi! ........ ......... ....L'~. ............. CD:~::~S;:TOR COIL ~~~:~CED
""' I I VALVE
) :::z 5 M ~ I I REPLACED CLEANED
. .T ~Jii!j7v1Z _ ....... J )~D I Irq( ~~;u;li~ SURNERS DUCT
___0 -.------- ...... ..........- ...1-----1----. ...-------- m't8:~ REPAIRED
FILTERS .. I I CLEARED ADJUSTED
._.. . _ I ._.. .__._. I ._______. CAP_ TUSE
I I REPAIRED
> FILTERS x. I COIL LEAK THERMOSTAT
I .... .- .... .1... ----- ~~~~;~~ONN REPLACED
BELTS I I RECOMMENDATIONS CLEANED COIL ADJUSTED :
TOTAL MATERIALS I r;:(p ~(~ LEVELED CDlL
--- ----------------------- ELECT_ HTR_ CLG TOWER i
H~S. LABOR . '.' RATE AMOUNT ; REPlACED LINK CLEANED
t.. ....... ..'11f.- ~a:------ ___________. .__--..----.-------.... ...--- ::::EE:~~: PUMP(Sl:
r I REPLACED CONT GREASED i
..... ................ -.--1--1..---.----.----- ----.
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--i. FILTERS [1 CLEANED 0 REPLACED I
MAlEmAlS4LAOOR",AYe. TOTAL LABOR ,Lp'J"h- LIMITED WARRANTY: All materials parts
CONTtNUEO ON OTHEFt SIDlE _ ^ "'-'" ~
and equipment are warranted by the TOTAL SUMMARY ,
TERMS manufacturers' or suppliers' wrillen warranty I
only. All labor performed by the above named TOTAL ( 7(/'11(/0
company is warranted for 30 days or as MATERIALS lJ--' I C
otherwise indicated in writing. The above named TOTAL I 10-; f"'\r"\
company makes no other warranties, express LABOR "1''''6: I.....A-) i
I he.. eu.hority '0 ",der 'he work oumned 0_. which ha' been ,.tl,tac1orliy completed. I agree that or implied,. and its agents or technicians ~re I i
Sella, rolain, till. 10 oquipmenVmat.,ial. furnished unlil ilnal payment ia mada. II paymont i, nol mode not authOrized to make any such warranties I
.. ag'a8<l, selle, can ,emove ,aid oqulpmenVmateriaJ, at Sener', expense_ Any damage resulting from on behalf of above named company. T I 'I
'aid 'omoval 'hail nol be Ihe ,a,ponlllbHlly 01 Sell.,. Jl .k RAVE L
L ; ~d'~ 0 REGULAR 0 WARRANTY CHARGE I
C-~ ~ ~ I~ 1'- OSERVICECONTRAC~ TAX IO!U I:
COSTOMERSKlNA'U"E 0'" v~L JJO<<1 TOTAL d60\4 I i
.
MEMORANDUM
To: David T. H~~: Manager
From: Joseph M. ~a 'rector of Finance
Subject: Lakeview Golf Course/Budget FY 94-95
Date: August 4, 1995
I have attached a budget for the remaining two months of this fiscal year
relative to the Lakeview Golf Course. We have compiled budget projections
from Brahm Dubin for the operation and from Becky O'Connor relative to the
Bond Financing.
I recommend this budget be brought before the commission for approval on
August 8, 1995.
c: Rebecca S. O'Connor, Treasurer
{lpf# 1./-0
Cf. -:L.
.
REVENUES
446 0000 347 76 00 9,000 DAILY GREEN FEES
446 0000 341 11 00 39,000 CART FEES
446 0000 347 79 00 5,000 SALE OF MERCHANDISE
446 0000 347 86 00 2,500 RESTAURANT - FOOD
446 0000 347 87 00 1,880 RESTAURANT - ALCOHOL
446 0000 361 10 00 6,000 ACCRUED INTEREST
446 0000 369 99 00 200 MISC INCOME
446 0000 382 52 00 47,200 CONTRIBUTION FROM DBGC FUND
446 0000 384 45 00 2,415,000 '95 UTILITY TAX BOND PROCEEDS
2,525,780
------..----
-----.........---
ADMINISTRATION
446 4711 572 34 20 5,000 PEST CONTROL
440 4711 572 34 90 6,550 OTHER CONTRACTUAL
446 4711 572 41 10 600 TELEPHONE EXPENSE
446 4711 572 42 10 100 POSTAGE
446 4711 512 43 10 2,000 ELECTR 1 C lTY
446 4711 572 45 10 500 GENERAL LIABILITY
446 4711 572 45 90 4,500 OTHER INSURANCE COSTS
446 4711 572 46 10 2,000 BUILDING MAINTENANCE
446 4711 572 48 90 350 OTHER PROMOTIONAL COSTS
446 4711 512 49 10 1,500 ADVERTISING
446 4711 572 49 90 8,750 OTHER CURRENT CHARGES
446 4711 572 52 20 700 GENERAL OPERATING SUPPLIES
32,550
PRO SHOP
446 4713 572 31 90 12,210 OTHER PROFESSIONAL SERVICES
446 4713 572 45 45 840 HEALTH CARE PREMIUMS
446 4713 572 46 20 1,000 EQUIPMENT MAINTENANCE
446 4713 572 52 20 900 GEN OPERATING SUPPLIES
446 4113 512 52 22 500 UNIFORMS
446 4713 572 52 41 3,750 GOLF MERCHANDISE
19,200
GOLF COURSE
446 4714 572 31 90 24,420 OTHER PROFESSIONAL SERVICES
446 4714 512 43 10 1,400 ELECTRICITY
446 4714 572 44 30 250 OTHER RENTAL/LEASE
446 4714 572 45 45 1,680 HEALTH CARE PREMIUMS
446 4714 572 46 20 3,500 EQUIPMENT MAINTENANCE
446 4714 572 46 90 2,000 OTHER REPAIR/MAINENANCE
446 4714 512 52 11 150 FUEL/LUBE
446 4714 572 52 20 1,400 GENERAL OPERATING SUPPLIES
446 4714 572 52 22 350 UNIFORMS
446 4714 572 52 26 8,000 GARDENING SUPPLIES
43,750
RESTAURANT
446 4715 572 52 42 1,120 FOOD
446 4715 572 52 40 100 LIQUOR SURCHARGE TAX
446 4715 572 52 53 560 BEVERAGE
1, 780
CAP IT AL
446 4761 572 61 10 2,061,500 LAND
446 4761 572 62 10 80,000 BUILDING
446 4761 572 20 00 66,500 LANDSCAPING
446 4761 572 63 90 43,000 OTHER IMPROVEMENTS
446 4761 572 64 90 15 ,500 EQUIPMENT
2,266,500
DEBT & TRANSFERS
446 7111 519 72 12 22,000 95 UTILITY TAX - INTEREST
446 7111 519 73 04 134,200 BOND ISSUE EXPENSE
446 9111 581 91 01 5,800 TRANSfER TO G.F. (LOAN INTEREST)
162,000
2,525,780
-----------
-------...---
CITY OF DEL RAY BEACH
LAKEVIEW GOLF COURSE
CLOSING COSTS 8,500
LAND 2,061,500
BUILDING 80,000
2,141,500
-------------
TOTAL ACQUISITION COSTS 2,150,000
....-----.....----
...------..._----
LANDSCAPING
GREENS 35,000
BUNKERS 5,000
SOD 8,000
IRRIGATION 13,500
TEES 5,000
TOTAL LANDSCAPING 66,500
OTHER IMPROVEMENTS
ENVIRONMENTAL 2,500
ADA 32,000
MISCELLANEOUS 2,000
STRUCTURAL/ROOf (ENGINEERING) 6,500
TOTAL OTHER IMPROVEMENTS 43,000
EQUIPMENT
EQUIPMENT 15,000
AIR CONDITIONING 500
TOTAL EQUIPMENT 15,500
TOTAL CAPITAL IMPROVEMENTS 125,000
-...-----------
-----....--_..._-
Agenda Item No.:
AGENDA REQUEST
Da te: August 4, 1995
Request to be placed on:
v Regular Agenda Special Agenda Workshop Agenda
When: August 8, 1995
Description of agenda item (who, what, where, how much):
Approve Lakeview Golf Course Budget for remaining two month period for
Fiscal Year 1994-95.
ORDINANCE/ RESOLUTION REQUIRED: YZS/NO Draft Attached: YES/NO
Recommendation: Recommend the above.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
~
-.
, J ~
City Attorney Review/ Recommendation (if applicable): A
-,
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 ~~
Hold Until: Vi t//- /
I
\,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
- - ~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f l 0 It IDA
~
AII.America City MEMORANDUM
, ~ III!
DATE: July 28, 1995
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Haynes vs. City of Delray Beach. et al
The City has received an offer to settle the Haynes vs. City of Delray Beach, et al case
for $75,000.00. Our office recommends approval. The trial of this case is scheduled to
commence on August 7, 1995.
This case arises out of an incident involving the arrest of Mr. Haynes on June 19, 1988.
The arrest was for open burning. Mr. Haynes had been burning the remnants of a trailer
he had been demolishing in his backyard. Several officers came to the scene and
requested that Mr. Haynes extinguish the fire. Mr. Haynes went inside his residence
and refused extinguish the fire. Eventually, Mr. Haynes came to the door, stepped
outside, and resisted arrest. Mr. Haynes denies resisting arrest.
The officers were able to arrest Mr. Haynes, however, in effecting the arrest, the
officers and Mr. Haynes fell to the ground. As a result of the fall, one officer suffered
a broken arm and Mr. Haynes fractured his hip. As a result of his fractured hip, Mr.
Haynes has undergone two surgeries including a hip replacement. He has not worked
since the incident.
Our office recommends the City accept the offer. If a jury believes Mr. Haynes'
version, it is anticipated that the verdict would be $250,000.00 or more, as Mr. Haynes
has incurred approximately $56,000.00 in medical expenses and past and future wage
loss which in total exceeds $100,000.00.
@ Printed on Recycled Paper q.T.
.
City Commission
JUly 28, 1995
Page 2
The ~ituation at trial is one in Which the City and Officers either Win a defense verdict Or
get hit Wlth losses approaching $250,000.00 Or lDore. Therefore, the City Attollley and
Risk Manager tecol1Dnend accePtance of the seUleDlent offer in the ""'OUnt of
$75,000.00 subject to tecelPt of apPropriate releases.
By COpy of this. lDemorandUm to David Ilarden, please place this setl/ernent offer On the
CIty. CO'?""sSlon's regular ageDda for August 1, 1995 for City COlD1nis i
conslderauon. s On
(PL
SAR:Ci
Cc: David Harden, City Manager
Alison MacGregor Ilarty, City Clerk
Lee Graham, Risk Manager
haynes6.sar
.
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q ~ - MEETING OF AUGUST 1. 1995
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
DATE: JULY 27, 1995
The terms of Randee Golder, Carolyn Young and Frank Wheat will
expire on August 31, 1995. Ms. Golder was appointed to her initial
term in August, 1993. Ms. Young was appointed in January, 1994, to
fill an unexpired term. Both are eligible and would like to be
considered for reappointment. Due to business constraints, Mr.
Wheat does not wish to be considered for reappointment. The
attendance record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
The term is for two (2) years, beginning September 1, 1995, and
ending August 31, 1997. The list of applicants is attached for
your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Commissioner Alperin (Seat #2)
Commissioner Ellingsworth (Seat #3)
Commissioner Randolph (Seat #4)
Recommend appointment of three ( 3 ) members to the Planning and
Zoning Board to terms ending August 31, 1997.
ref:agmemo
.
,
Appointments to the Planning and Zoning Board
Citv Commission Regular Meeting of August 1- 1995
The following persons have submitted applications for your
consideration:
Donald Allgrove (also applied for SPRAB and BOA)
J. Kent Atherton
John G. Baccari (also applied to SPRAB, BOA, BCA)
Robin Bird (currently serving on BOA with term expiring
8/31/96; has also applied for SPRAB)
Ronald Brito (also applied for SPRAB, HPB, BOA and BCA; owns
property in Delray Beach)
David I. Cohen (has applied for any board)
Frank Comisso (also applied for HPB)
Helen Coopersmith
Peter E. Costello
Kenneth J. Damian (also applied for SPRAB)
Anthony Damiano (also applied for HPB)
Mark David (also applied for SPRAB)
Michael Eisenrod (also applied for SPRAB)
Joseph Farkas (also applied for HPB)
Sharon Fowler (also applied for SPRAB)
Randee Golder (incumbent)
Earl R. Hahn (currently serving on BOA, with term expiring
8/31/96)
Henry Heller (also applied for SPRAB)
Daniel P. Hess (currently serving on BCA with term expiring
8/31/95; has reapplied for BCA and also SPRAB)
Anne Hoctor (also applied for BOA)
Barbara Holden
James A. Johnson
(continued . . . )
.
.
John-Michael Jones
Adele S. King
Leo Koppman (also applied for BOA)
Harriet Lerman (also applied for SPRAB)
Jon Levinson (also applied for SPRAB)
P. Michael Manning
Peter W. Margolin (also applied for BOA)
Alberta McCarthy
Arthur J. Menor
Steven Neubarth (also applied for SPRAB)
Sandra K. Norton
Michael G. Park (currently serving on BOA, with term expiring
8/31/96)
Sylvia Gwynn Pecaro
Janet Phipps (also applied for SPRAB and BOA)
Michael K. Plum
Robert L. Puzey (currently serving on BOA with term expiring
8/31/95; has reapplied for BOA and also SPRAB)
Benjamin F. Ricker, III (also applied for BOA)
David Schmidt (also applied for SPRAB)
E. Conrad Sittler, Jr. (also applied for SPRAB)
Sidney Soloway (also applied for BOA)
Alvaro Vera
Stanley Watsky
William Wilsher (also applied for SPRAB)
Carolyn Young (incumbent)
.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'JV1
SUBJECT: AGENDA ITEM :It C;~ - MEETING OF AUGUST 1. 1995
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: JULY 27, 1995
The terms of Mark Little (layperson) and Richard Sheremeta
(engineer) will expire on August 31, 1995. John Weaver (layperson)
resigned due to his appointment to the Community Redevelopment
Agency, creating an additional vacancy. Mr. Little was appointed
in January, 1994, to fill an unexpired term. Mr. Sheremeta was
appointed to his initial term in August, 1993. Both are eligible
and would like to be considered for reappointment. The attendance
record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
In addition, one member of the board shall be a registered
architect or a registered civil engineer. The term is for two ( 2 )
years, beginning September 1, 1995, and ending August 31, 1997.
The list of applicants is attached for your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Mayor Lynch (Seat #5) - layperson
Commissioner Smith (Seat #1) - architect/engineer
Commissioner Alperin (Seat #2) - layperson
Recommend appointment of three ( 3 ) members to the Site Plan Review
and Appearance Board to terms ending August 31, 1997.
ref:agmemo1
,
Appointments to the Site Plan Review and Appearance Board
City Commission Regular Meeting of Aug~st 1. 1995
The following persons have submitted applications for your
consideration. Please note the applications are separated into the
categories of architect/engineer and layperson:
Applicants for architect/engineer position:
John G. Baccari (also applied for P&Z, BOA, BCA)
Richard Brautigan (also applied for HPB, BOA)
Gary Eliopoulos
Henry Heller (also applied for P&Z)
David Martin
Richard Sheremeta (incumbent)
Applicants for layperson positions:
Donald Allgrove (also applied for P&Z, BOA)
Bonnie Ansbacher (also applied for HPB)
Robin Bird (currently serving on BOA with term expiring
8/31/96; has also applied for P&Z)
Robert Brewer (also applied for HPB)
Ronald Brito (also applied for P&Z, HPB, BOA and BCA; owns
property in Delray Beach)
Ralph Cantin (architect/civil engineer, but not registered)
Deborah Cavanagh
David I. Cohen (has applied for any board)
Kenneth J. Damian (also applied for P&Z)
Mark David (also applied for P&Z)
Michael Eisenrod (also applied for P&Z)
Sharon Fowler (also applied for P&Z)
Louis G. Glesmann, III (also applied for HPB)
Daniel P. Hess (currently serving on BCA with term expiring
8/31/95; has reapplied for BCA and also P&Z)
.
Richard Kheel
Russell Jennings (currently serving as an alternate on BOA)
Harriet Lerman (also applied for P&Z
Jon Levinson (also applied for P&Z)
Mark Little (incumbent)
Steven Neubarth (also applied for P&Z)
Janet Phipps (also applied for P&Z and BOA)
Robert L. Puzey (currently serving on BOA with term expiring
8/31/95; has reapplied for BOA and also P&Z)
Mildred Scherer
David Schmidt (also applied for P&Z)
Thuy Shutt (also applied for HPB)
E. Conrad Sittler, Jr. (also applied for P&Z)
Arnold B. Smith
Chris Stray
Charles Williams (currently serving on HPB with term expiring
8/31/95; not interested in reappointment)
William Wilsher (also applied for P&Z)
.
.
SITE PLAN REVIEW AND APPEARANCE BOARD 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Patty M. Andrews Pip PIP PIP PIP PPP PIA P
Richard Mouw PIP PIP EIP PIP PPP piP P
Charles Toth PIP PIP PIP AlA PPP pip P
Daniel T. Carter PIP PIE PIP pip PPP pip P
Mark Little PIP PIP PIP Alp PPP pip P
Richard Sheremeta PIP PIP PIP pip PPP Alp P
John Weaver PIP PIP PIP PiA PPP pip resj ~ned
.
'.
.
.
\
SITE PLAN REVIEW AND APPEARANCE BOARD 1994
)
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
/
!
Gene D. Fisher A!P p!p p!p pip Exlp PPP PIP AlP Of Boo rd
Richard Mouw p!p p!p P!A Exlp pip ExPP p!p PIP PIP P!EJI. PIP pip
Richard Sheremeta p!p P!A p!p p!p P!Ex PPEx P!P PIP pIp p/EJI. P!P PIP
,
I Jess Sowards p!p A!P p!p PIP P!Ex PPP PIp PIP Of Boc rd
!
,Debora Turner Oster pIp PIA p!p Ex!P pIp PPEx PIP P!P Of Boc rd
I
i
I John Weaver pIp pIp pIp Ex!P p!p PPP P!EJI. PIP Pip p!p PIP PIEx
i
I Mark Little PIP' PIP PIp pIp .
pIP p!p p!p P!Ex p!p ppp PIP PIP
Patty M. Andrews ( ppnt 8/9~ l PIP Ex/P PIP PIP
I Charles Toth ( ppnt 8!9~ PIP pIp PIEx PIEx
Daniel Carter ( ppnt 9!9~) P PIP Pip PIP
I
I
i
atten.doc
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM fI: q1/l - MEETING OF AUGUST 1. 1995
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD
DATE: JULY 27, 1995
The terms of Cecil ("Sandy" ) Jamison, Charles Williams and John
Vaughn will expire on August 31, 1995. Mr. Jamison has served two
successive terms and is not eligible for reappointment. Mr.
Williams does not wish to be considered for reappointment I but has
applied to the Site Plan Review and Appearance Board. Mr. Vaughn
was appointed to his initial term in August, 1993. He is eligible
and would like to be considered for reappointment. The attendance
record is attached.
To qualify for appointment I a person shall either be a resident of
or own property in the citYI and/or own a business within the city.
Also, they shall have knowledge I experience, judgment and
background I with personal or professional interest or experience in
historic restoration and preservation. They will have the ability
and desire to act in the public interest and represent I insofar as
possible, the various personal and professional interests required
to make informed and equitable decisions concerning the
preservation, conservation and protection of historic districts and
structures. The term is for two (2 ) years, beginning September 1,
1995, and ending August 31, 1997. The list of applicants is
attached for your review.
Pursuant to Commission direction I a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Commissioner Alperin (Seat #2) De.hou ~~ Os~
Commissioner Ellingsworth (Seat #3) ~E..1It.t /)''99MS
Commissioner Randolph (Seat #4) .:JOhl1 UlJ<<jhl')
Recommend appointment of three ( 3 ) members to the Historic
Preservation Board to terms ending August 31, 1997.
ref:agmemo2
Appointments to the Historic Preservation Board
City Commission Regular Meeting of August 1. 1995
The following persons have submitted applications for your
consideration:
Bonnie Ansbacher (also applied for SPRAB)
Janet Baron (also applied for BOA)
Richard Brautigan (also applied for SPRAB and BOA)
Robert Brewer (also applied for SPRAB)
Ronald Brito (also applied for P&Z, SPRAB, BOA and BCA; owns
property in Delray Beach)
David I. Cohen (has applied for any board)
Frank Comisso (also applied for P&Z)
Anthony Damiano (also applied for P&Z)
Betty Diggans
Joseph Farkas (also applied for P&Z)
Alice Finst
John L. Frysinger
Louis G. Glesmann, III (also applied for SPRAB)
Patricia Healy-Golembe
Susan Hurlburt
Rebecca Jennings
Marjorie Miller
Debora Turner Oster
Frank A. Rozzo
Thuy Shutt (also applied for SPRAB)
John Vaughn (incumbent)
.
HISTORIC PRESERVATION BOARD 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
James "Buck" Miller P piP PIP PIP pip P P
.
Betty P. Devitt P Elp PIP Pip AlA resi ned
Vera R. Farrington P . PiE EIP pip Alp P P
Julie Morgan P Elp PIP Alp pip A P
Charles Williams E Elp Pip Alp PiA P P ,
I
I
John Vaughn P PiE PIP PIP PiA P P I
I
Cecil "Sandy" Jamison P piP PIP PIA PIP A P
John Johnson (appnt 6/95) P . I
.
I
I
.
. 1994
. HISTORIC PRESERVATION BOARD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
. \ i
I
Marjorie A. Miller : P I T
pip p!p RE~ IGNEI . I
. AlP i
r
Sandy Jamison p Alp pip .. p!p Ex II P AlP P I P PIP iPIEx
..
..
Charles Williams P pip Alp Ex/F p!p P PIP P ! P piP ip/P
i
John Vaughn P PIP PiA p!p p!p p Pip P i Ex pip ExlP
Christine B. Bull P pip pip pIEx Pip P PIP Offt Boar ~
i
Daniel H. Carter P PiA pip c: pip Pip P PIP Off; Boar ~
~
~ I
James "Buck" Miller P p!p p!p Q) pIp Pip Ex PIP P P PIP PIP .
2:
Julie Morgan (appnt 8/94 0 P I P PIP PIP
z I
Vera Farrington (ap nt 81 94) P ! P PIP PIEx
Betty P. Devitt (ap nt 81 94) P Ex PIA PIP
."
!
I
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,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i q/J. - MEETING OF AUGUST 1. 1995
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: JULY 27, 1995
The terms of Cheryl Lee-Bennett and Robert Puzey as regular members
on the Board of Adjustment will expire on August 31, 1995. Ms.
Lee-Bennett and Mr. Puzey were appointed to their initial terms in
August, 1993. They are eligible and would like to be considered
for reappointment. In addition, the terms of C. Lee Wilder, Jr.
and Russell Jennings as alternate members will expire on August
31st as well. Both Mr. Wilder and Mr. Jennings were appointed to
fill unexpired terms in September, 1994. They are eligible and
would like to be considered for reappointment. The attendance
record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
The term is for two (2) years, beginning September 1, 1995, and
ending August 31, 1997. The list of applicants is attached for
your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Mayor Lynch (Seat #5) - regular member
Commissioner Smith (Seat #1) - regular member
Commissioner Alperin (Seat #2) - alternate member
Commissioner Ellingsworth (Seat #3) - alternate member
Recommend appointment of two ( 2 ) regular members and two (2 )
alternate members to the Board of Adjustment to terms ending August
31, 1997.
ref:agmemo3
,
Appointments to the Board of Adjustment
City Commission Regular Meeting of August 1. 1995
The following persons have submitted applications for your
consideration:
Donald Allgrove (also applied for SPRAB and P&Z)
John G. Baccari (also applied to SPRAB, P&Z, BCA)
Janet Baron (also applied for HPB)
Richard Brautigan (also applied for SPRAB, HPB, BCA)
Ronald Brito (also applied for SPRAB, HPB, P&Z and BCAj owns
property in Delray Beach)
David I. Cohen (has applied for any board)
Anne Hoctor (also applied for P&Z)
Russell B. Jennings (incumbent; also applied for SPRAB)
Leo Koppman (also applied for P&Z)
Cheryl Lee-Bennett (incumbent)
Peter W. Margolin (also applied for P&Z)
Janet Phipps (also applied for SPRAB and P&Z)
Robert L. Puzey (incumbent; also applied for SPRAB and P&Z)
Benjamin F. Ricker, III (also applied for P&Z)
Sidney Soloway (also applied for P&Z)
William Stone (also applied for SPRAB, BCA)
Leonard Syrop
C. Lee Wilder, Jr. (incumbent)
.
.
.
BOARD OF ADJUSTMENT 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
/
Michael G. Park P
Robin Bird P
Earl R. Hahn P
Robert Puzey Ex
Cheryl Lee-Bennett P
.
Alternates
C. Lee Wilder, Jr. Ex
Russell Jennings Ex
.
.
BOARD OF ADJUSTMENT 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Robert Puzey P P P Ex P P ! P.
, I
Michael Eisenrod F p P P P i Off ~oard ,
,
Cheryl Lee-Bennett A p Ix P P P P
Michael G. Park P p P P 1 p p p
r Jon Levinson P P P Ex 1 P Off I oard
I
reg ~ p p p p P i
Robin Bird (appnt /94 !
: Earl R. Hahn (appnt 8/9!.) P Ex
.
1
I
!
, Alternates I
,
! \
Lee Wilder (appnt ~/94) I P
Russell Jennings ( ppnt 8/9~) P ! I
I
1 a
I I !l
I I I I
I i
P. ; 1 I \ I I
-
atten.doc
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!Jl11.
SUBJECT: AGENDA ITEM it qO. - MEETING OF AUGUST 1. 1995
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: JULY 27, 1995
The terms of John Henderson (general contractor), Daniel P. Hess
(master plumber), Roy Simon (architect) and Donald MacLaren (sign
contractor) will expire on August 31, 1995. Mr. Simon was first
appointed to fill an unexpired term in September, 1992, and has
since served one full term. Mr. Henderson and Mr. Hess were
appointed to their initial terms in August, 1993. Mr. MacLaren was
appointed to fill an unexpired term in February, 1994. All are
eligible and would like to be considered for reappointment. The
attendance record is attached.
To qualify for appointment, a person shall have actual previous
experience in their respective trade or profession deemed
sufficient by the Commission. Residency is not required. The term
is for two (2) years, b,eginning September 1, 1995, and ending
August 31, 1997. The list of applicants is attached for your
review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Commissioner Smith (Seat #1) - general contractor
Commissioner Alperin (Seat #2) - master plumber
Commissioner Ellingsworth (Seat #3) - architect
Commissioner Randolph (Seat #4) - sign contractor
Recommend appointment of four (4 ) members to the Board of
Construction Appeals to terms ending August 31, 1997.
ref:agmemo4
,
Appointments to the Board of Construction Appeals
City Commission Regular Meeting of August 1. 1995
Applicants for general contractor position:
Ronald Brito (also applied for SPRAB, HPB, BOA and P&Z; owns
property in Delray Beach)
John Henderson (incumbent)
Dominick Sarlo
Leonard R. Sheppard
Applicants for master plumber position:
Daniel P. Hess (incumbent)
No other applicants
Applicants for architect position:
John G. Baccari (also applied for SPRAB, BOA, P&Z)
Richard Brautigan (also applied for HPB, SPRAB)
Roy Simon (incumbent)
Applicants for sign contractor position:
Donald MacLaren (incumbent)
No other applicants
.
.
BOARD OF CONSTRUCTION APPEALS 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Daniel T. Davis P
Arthur King P
Michael Kilbourne P
Murray Gold P
Joseph Pike P
John Henderson Ex
Daniel T. Hess Ex
Roy M. Simon p .
Donald MacLaren Ex
, ..
.
.
BOARD OF CONSTRUCTION APPEALS 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
John Gwynn A P I Off boar ~
!
William Koch, III P P Off boar ~
Richard Morris P P Off boar ~
~ Arthur King P P P P
,
Roy Simon p Ex P p
Mark Little (resi gned)
Daniel P. Hess P P P .
P
John Henderson P P Ex P :
Joseph Pike P P Ex P I
I
Don MacLaren P .' P P P
Murray Gold (appnt 8/94 P P
Daniel T. Davis (a pnt ~/94) P P
Michael Kilbourne appn 8/9 ) P P
I I
atten.doc
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q P - MEETING OF AUGUST 1, 1995
CHANGE ORDER NO. 2/WEST ATLANTIC BEAUTIFICATION
DATE: JULY 28, 1995
This is before the Commission to consider Change Order No. 2 and
45 day increase in contract time to Regal Contractors, Inc. for
the removal of compacted shellrock in the medians. Funding is
available from Beautification - West Atlantic Avenue & 1-95 to
Military Trail (Account No. 334-4141-572-61.31) .
The contract stipulated that the contractor was to remove the
existing soil to a point 12 inches below the existing curb and
then incorporate composted organic matter in its place to provide
the proper planting grade, drainage and growing medium. During
the excavation the compacted shellrock was discovered. Test
areas have shown this material extends to a depth of 12 inches;
however, several medians are totally free of shellrock and are
being prepared for planting.
Recommend approval of the Change Order No. 2 to Regal
Contractors, Inc. , which would result in a net increase of
$14,606 to the contract and increase the contract time by 45
days.
~ 0tdl
(' IlLup/ 4~
~)
. .
,
. A<Jenda I tem No. .
,.
.
. .\GENDA REQueST
Da te: 8/3/95
Request to be placed on:'
X Re<Jular Agenda , Spec la 1 A<Jenda Workshop Agenda
.
When: 8/8/95
,
. .
Uesoription of agenda item (who, what, ~here, how much).
Change Order for West Atlantic Avenue Beautification
ORDINANCE/ RESOLUTION ReQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
.
Department Head Signature: ~~ -
Dete~inat~onof Consistency ~lth Co~prebensive Plan.
,
, C.i.ty ~tto.rney .Rev.le~l: Rec.omm~n~a ti?n. .(!'{ -.appl'lc~b~e) ..... '. .
: . .' . -
-,
."' - .' "'... 'I... .... ."'.. . ./ . -. o. ~"': . . : . "' : . .
. or .
"' "' -..
, . - , 0... . -. "' 00. . .
. , . .
. . . o. ... .' -,
. . ..
, '.
Budget Director Revi~~ .(requi~ed on al~ ite.~.lnvolvin9 expenditure '.
of funds)- ".-' .... - '.' . .... .'. .:.
.;:" ';::.' J....:. ....,...:. :.': ...:.~. .....". ..,........ .... ;..... ",":. ,:;' '..' . ',,'.
.' ' .... ':.. Fun:dlnq 'avaliable:. YE NO," .
~FUnding alternative . ~f ~PI~aRle)
. 'Account No. & DeSj~il?tion: 334-::zF1ZR-S72.0 - n.-.. ~
Account Balance: I 005 . f rqs -It> ~'".fuy
City Manager Review: ~
Approved (or agenda: ~/ NO ~
Hold Until:
Agenda Coordinator Review: '. .
Received: .
l\ction: l\pproved/Disapproved
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~~
RE: WEST ATLANTIC AVENUE BEAUTIFICATION - CHANGE ORDER # 2
DATE: AUGUST 4, 1995
ITEM BEFORE THE COMMISSION
- -
The item before the Commission is a change order for the West Atlantic
Avenue Beautification project for the removal of compacted shellrock
in approximately 70% of the medians. This work would increase the net
contract amount by $14,606.00 and increase the contract time by 45 days.
BACKGROUND
The contract specified the contractor was to remove the existing soil to a
point 12 inches below the existing curb and then incorporate 6 inches of
composted organic matter into the next 12 inches to provide the proper
planting grade, drainage and growing medium.
During the excavation of the top 12 inches the compacted shellrock was
discovered. Test areas have shown this material extends to a depth of 12
inches. The extent of the shellrock was determined by using a pick-ax every
60 feet to try to penetrate the surface. Several medians are totally free
of shellrock and are being prepared for planting.
The City has previously had problems with poor drainage due to existing
shell rock from old road beds on Congress Avenue. While there are a few
alternatives that could improve the drainage, these measures would not
result in a planting medium that would be beneficial to the plant materials.
The high pH of the shellrock in addition to the inability to provide a fine
enough soil texture to provide good root to soil contact requires the rock
to be removed.
RECOMMENDATION
The City Horticulturist and the Landscape Architectural Firm of Colteur
Hearing, Inc. recommend the City Commission consider approval of the Change
Order # 2 to Regal Contractors, Inc. , which would result in a net increase
to the contract in the amount of $14,606.00 and increase the contract time
by 45 days.
.
~
CHANGE ORDER
-
No. 2
Date: August 3 , 19 95
Project II: 94-006 Bid fJ: 95-32
Project Name: West Atlantic Avenue Beautification
Owner: CITY OF DELRAY BEACH, FLORIDA
Contractor: Regal Contractors, Inc.
Address: P.O. Box 20075, West Palm Beach, Florida 33416
Contract Date: 5-16-95
To: Paul Martin, President, Regal. Contractors, Inc.
YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE SUBJECT CONTRACT:
Furnish all labor, materials and equipment to excavate 12 inches of
rock materials from landscape medians and haul offsite. Approximately
1260 C.Y. Bring in approximately 1410 C.Y. of clean fill and spread
in medians to replace rock. Provide traffic control;during excavation
and filling operations.
which changes are more specifically described in the attached amended
plans drawings and specifications.
The reason for the change is as follows: Unforseen conditions. Compacted
shellrock was discovered 12 inches below the top of the curb, extending
for a depth of 12 inches in many areas. Condition exists in 70% of medians.
The contract price and contract time shall be adjusted because of the
change as follows:
A. Contract Price
l. Contract price prior to this change order: $306,515.46 *
* This includes $18,000 for 1 year maintenance which is not
part of PO # 538189 which is in the amount of $287,975.46
J
.
.-:
Change Order II 2 Project Name: West Atlantic Avenue Beautification
2. Net increase resulting from this change order: $14,606.00
3. Net decrease resulting from this change order: N/A
4. Current contract price including this change order: $321,121.46
B. Contract Time
1. Contract time prior to this change order: 120 days
2. ~et increase resulting from this change order: 45 days
3. Current contract time including this change order: 165 days
CITY OF DELRAY BEACH, FLORIDA, OWNER
By:
MAYOR THOMAS LYNCH
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are accepted on August 4 ,. 19 95 . I understand
that the provisions of the Contract Document related to Project # 94-006
or Bid II 95-32 which are not inconsistent with the terms of this
change order shall remain in effect and apply to all work undertaken
pursuant to this change order.
Witness:
, Contractor
By: Paul Martin, President
As to Contractor Title
2
.
.....
...... Regal Contractors, Inc.
July 25, 1995
Nancy Davila
City of Delray Beach
100 N.W. 1 Avenue
Delray Beach, FL. 33444
RE: West Atlantic Avenue Beautification
Project No. 94-006
Dear Nancy:
Please consider the following proposal from Regal Contractors Inc.
for the above mentioned project.
REGAL CONTRACTORS INC. PROPOSES TO FURNISH ALL LABOR, MATERIALS,
AND EQUIPMENT TO PERFORM THE FOLLOWING:
3780 SY EXCAVATE l' ROCK MATERIALS FROM THE
LANDSCAPE ISLANDS, HAUL OFFSITE.
(APPROX. QUANTITY 1260 CY)
3780 SY FILL MATERIALS IMPORTED AND SPREAD,
ROUGH GRADED ONLY, TO REPLACE ROCK
MATERIALS. (APPROX. QUANTITY 1410 CY)
PROVIDE REQUIRED TRAFFIC CONTROL
DEVICES AND MANPOWER
ALL SALES TAX, BONDING, OVERHEAD
AND PROFIT INCLUDED
TOTAL LU~P SUM ADD $14,606.00
NOTE: THIS PROPOSED WORK WILL REQUIRE AN ADDITION
OF 30 DAYS TO THE CONTRACT TIME.
PRICE EXCLUDES ALL PERMITS' FEES
Please call me at your convenience if you have any questions.
Regards,
/~~~{~;:zS<
Paul L. Martin
P.O. Box 20075 . West Palm Beach, FL 33416-0075 . (407) 642-7276
CGCA 15079
,
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trJv1. $
SUBJECT: AGENDA ITEM i 10 A - MEETING OF AUGUST A'". 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 36-95
(ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND
USE MAP AMENDMENT/SEYMOUR PROPERTY)
DATE: JULY 26, 1995
This is second reading and public hearing for Ordinance No. 36-95
which annexes a 0.51 acre parcel of land located on the south side
of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard.
This property was identified as part of the area which was annexed
to the City in 1988 as Enclave #1 during the Delray Beach Enclave
Act annexations. It was subsequently discovered that the subject
property was inadvertently omitted and was not annexed with the
balance of the properties in Enclave # 1. To correct this error,
the City Commission initiated its annexation, Future Land Use Map
amendment and initial zoning on September 27, 1994.
The ordinance establishes initial zoning of R-1-AA (Single Family
Residential) District, and provides for a small scale land use
plan amendment to change from the County's designation of MR-5
(Medium Density Residential - 5 units/acre) to an official City
designation of Low Density Residential. Please refer to the staff
report for further analysis.
The Planning and Zoning Board first considered this matter at
public hearing on October 17, 1994. Action was postponed pending
the property owner's consent to the stormwater assessment fee,
which has been obtained. The Board again considered this matter
on June 19, 1995, and voted unanimously to recommend that it be
approved. At first reading on July 11, 1995, Commission passed
the ordinance by unanimous vote, subject to a change in the
effective date wording at Section 10 requested by the City
Attorney. The change has been made.
Recommend approval of Ordinance No. 36-95 on second and final
reading.
Ll ....0
p~
ref:agmem09
I
-
ORDINANCE NO. 36-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
I BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF
I TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST
BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE
I 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS
.1 CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
I! PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
d LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR
II SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING
Ii TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO R-1-AA (SINGLE FAMILY
'I RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER
Ii
I CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
II
Ii WHEREAS, the Legislature of the State of Florida passed the
Ii Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing
" for the annexation of enclaves wi thin the general boundaries of the
Ii City of Delray Beach; and
I
WHEREAS, the property hereinafter described was to have been
annexed in 1988 as authorized by the Delray Beach Enclave Act; and
II WHEREAS, the subject parcel was identified as part of
Enclave #1 which was annexed to the City of Delray Beach by virtue of
the Delray Beach Enclave Act by Ordinance No. 111-88, passed and
adopted by the Delray Beach City Commission on October 11, 1988;
II and
Ii WHEREAS, it was subsequently discovered that the subject
II parcel was inadvertently left out and was not annexed with the balance
of the enclave properties; and
I: WHEREAS, it is appropriate that this oversight be corrected;
, and
I
i
I WHEREAS, the property hereinafter described is contiguous to
the corporate limits of the City of Delray Beach, Florida; and
II WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
I Florida Statutes; and
I
I
I
I
I 1
i
.
._--,--~
I
I
I WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having
a County Future Land Use Map designation of MR-5 (Medium Residential -
5 units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is Low
Density Residential; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
II WHEREAS, the designation of a zoning classification is part
of this proceeding, and provisions of Land Development Regulations
Chapter Two have been followed in establishing the proposed zoning
II designation; and
.,
I,
II WHEREAS, pursuant to LOR Section 2.2.2(6), the Planning and
II Zoning Board held a public hearing and considered the subject matter
at its meeting of June 19, 1995, and voted unanimously to recommend
" approval; and
,.
II
WHEREAS, the City Commission of the City of Delray Beach,
II Florida, finds that the change is consistent with and furthers the
II objectives and policies of the Comprehensive Plan.
Ii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The North 68.51 feet of the West 325.77 feet of the
Northwest Quarter (NW 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of Section
I 4, Township 46 South, Range 43 East, Palm Beach
County, Florida.
I The subject property is located on the south side of
I
Tangerine Trail, between Swinton Avenue and Seacrest
Boulevard; containing 0.51 acres, more or less.
- 2 - Ord. No. 36-95
I
I
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".-- -. ..~ -_.~ ... '-'- -...." - _... ---- -'.~_. ~ .-."......
I Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
,
I tract of land and said land is hereby declared to be within the
I corporate limits of the City of Delray Beach, Florida.
I Section 3. That the land hereinabove described shall
I immediately become subject to all of the franchises, privileges,
'I immunities, debts, obligations, liabilities, ordinances and laws to
Ii which lands in the City of Delray Beach are now or may be subjected,
I:
II including the Stormwater Management Assessment levied by the City
d pursuant to its ordinances and as required by Florida Statutes Chapter
!! 197, and persons residing thereon shall be deemed citizens of the City
II
II of Delray Beach, Florida.
II Section 4. That this annexation of the subject property,
I.
Ii including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
I such roads, alleys, or the like, unless otherwise specifically
! initiated by the City pursuant to current requirements and conditions.
II Section 5. That the Future Land Use Map designation of the
II subject property is hereby officially affixed as Low Density
I!
" Residential.
Ii
II Section 6. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
'I pursuant to Florida Statutes Section 163.3187(1)(c)4.
II
Section 7. That Chapter Two of the Land Development
"
Ii Regulations has been followed in the establishment of a zoning
Ii classification in this ordinance and the tract of land hereinabove
I; described is hereby declared to be in Zoning District R-1-AA (Single
Ii
I' Family Residential) District as defined by existing ordinances of the
Ii City of Delray Beach.
I'
II
I: Section 8. That all ordinances or parts of ordinances in
i conflict herewith be, and the same are hereby repealed.
Section 9. 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
I whole or part thereof other than the part declared to be invalid.
I
II - 3 - Ord. No. 36-95
Ii
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-- -'" - --,.- - ~ <-. -^"" .-
II Section 10. That this ordinance shall become effective
I! as
t; follows: As to the annexation, immediately upon passage on second and
final reading; as to the small scale land use plan amendment and
zoning, thirty-one (31) days after adoption unless there is a
challenge. Affected parties may file a challenge within thirty (30)
days of adoption of the amendment. If a challenge is filed, the
Department of Community Affairs will issue a final order after the
hearing proces&.
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th day of August , 1995.
,
i
I ~~
I
I
ATTEST: - MAY
I Oll~'fJll{., ~:~ JlmIv
,
ity Cle
First Reading July 11, 1995
Second Reading l\ugust 8 , 1995
- 4 - Ord. No. 36-95
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51. -< pLU TARY
11 I I I I r .~ in ,ST1 '\ fLE:~f~ool. I j
~ CORRECTIVE ANNEXATION
a~~~~~n. (PORTION OF ENCLAVE #1)
- - D1CIf,AL 8o(Sl" w.p Sf'STf:U --
01<
~
CITY COMMISSION DOCUMENTATION
TO: DAVID 1. HARDEN, CITY MANAGER
~~
THRU: DIANE DOMINGUEZ, DIREC~
DEPARTM~T OF PLANNING AND ZONING
FROM: ~J;1~~
PRINCIPAL PLANNER
SUBJECT: MEETING OF JULY 11.1995 CONSIDERATION OF ANNEXATION
WITH INITIAL ZONING OF R-1-MAND SMALL SCALE FUTURE LAND
USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW
DENSITY RESIDENTIAL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an annexation (pursuant to Delray Beach Enclave Act HB 1061) with initial
zoning of R-1-M and Small Scale Future Land Use Map Amendment from
County MR-5 to City Low Density Residential.
The subject property is located on the south side of Tangerine Trail between
Swinton Avenue and Seacrest Boulevard.
BACKGROUND:
This item involves a parcel that was to have been annexed in 1988 as authorized by
the Delray Beach Enclave Act. The Delray Beach Enclave Act (HB 1061) was enacted
by the 1986 Florida Legislature. An enclave report was subsequently prepared for all
properties identified in the Act (Enclaves 1-70). The subject parcel was identified as
part of Enclave #1 which was eligible for annexation under the Act.
Recently, it was discovered that the subject parcel (.51 acres) was inadvertently left out
and was not annexed with the balance of the enclave properties. To correct this error,
the City Commission initiated the Annexation, Future land Use Map Amendment and
initial zoning of the property on September 27, 1994. A full analysis of the request is
included in the attached Planning and Zoning Board staff report.
City Commission Documentation
Annexation with Initial Zoning of R-1-AA & Small Scale FLUM
Amendment from County MR-5 to City Low Density Residential
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board first considered the annexation, Future Land Use Map
Amendment and initial zoning at a public hearing on October 17, 1994. Action on the
request was postponed until issues relating to consent by the owner to the Stormwater
Assessment Fee could be resolved. The applicant has since executed a Stormwater
Assessment consent form.
The Planning and Zoning Board again considered this item at its meeting of June 19,
1995. The Board voted unanimously (7-0) to recommend to the City Commission
approval of the request.
RECOMMENDED ACTION:
By motion, approve the involuntary annexation of the subject property pursuant to the
Delray Beach Enclave Act, Small Scale Land Use Map Amendment from County MR-5
to City Low Density, and initial zoning of R-1-AA (Single Family Residential) based
upon positive findings with respect to Section 3.1.1, Section 3.3.2 and Section
2.4.5(0)(2) and policies of the Comprehensive Plan and the following:
. That the property is contiguous, reasonable compact and does not create an
enclave; and,
. That services will be provided to the property in a manner similar to other similar
properties within the City.
Attachments:
* P&Z Staff Report of June 19, 1995
S:lENLCA VE.DOC
.
PLANNING AND ZONING MEMORANDUM STAFF REPORT
MEETING OF: JUNE 19, 1995
AGENDA ITEM: V.A. ANNEXATION WITH INITIAL ZONING OF R-1AA "
, I
DISTRICT AND SMAll SCALE FUTURE LAND USE MAP fi
AMENDMENT FROM COUNTY MR-5 TO CITY LOW . 'f
DENSITY RESIDENTIAL ;
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on an involuntary
annexation (pursuant to the Delray Beach Enclave Act HB 1061), Small Scale
Future Land Use Map amendment from County MR-5 (Medium Residential) to
.. City LD(Low Density)and application of an initial zoning designation of R-1-AA
(Single Family).
LOR Sections 2.4.5 (A)(C)(D) provide the rules and procedures for processing of
this petition.
The subject property is located on the south side of Tangerine Trail between
Swinton Avenue and Sea crest Boulevard.
BACKGROUND:
This item involves a parcel that was to have been annexed in 1988 as authorized
by the Defray Beach Enclave Act. The Delray Beach Enclave Act (H.B. 1061)
was enacted by the 1986 Florida Legislature. This Act provided a mechanism
for annexation of numerous enclaves within the City's Planning Area. The Act
excluded all provisions of the standard annexation processes required by F.S. '
170.0413 except for the requirements to develop an urban services plan. A
local referendum required by the Enclave Act was approved by voters in
November, 1986. An enclave report was subsequently prepared for all
properties identified in the Act (Enclaves 1-70). The subject parcel was identified
as part of a enclave that was eligible for annexation under the Act. It was to be
annexed as part of Enclave #1.
.
V.A.
P&Z Staff Report
Annexation with Initial Zoning of R-l aa District and Small Scale Future Land
Use Map Amendment from County MR-5 to City Low Density Residential
Page 2
On August, 1988 the Planning and Zoning Board recommended approval of the
annexation and initial zoning for parcels within Enclave #1. On October 11, 1988 .
the City Commission approved the annexation and initial zoning of Enclave #1 i
via Ordinance 111-88. :'t
.
Recently, it was discovered that the subject parcel (.51 acres) was inadvertently .:
left out and was not annexed with the balance of the enclave properties. ' To ,.
<
correct this error, the City Commission initiated the Annexation , Future land ~.
Use Map amendment and initial zoning of the property on September 27, 1994.
The Planning and Zoning Board considered the Annexation , Future land Use
Map amendment and initial zoning at a public hearing on October 17, 1994 . "
Action on the request was postponed until issues relating to consent by the ~-I
owner to the Stormwater Assessment Fee could be resolved. The issue o' .'
revolved around the need by Florida Statute 197.3632 (4)(a) to adopt the I
existing non-ad valorem assessment by public hearing if newly affected property
owners have not provided written consent to the local government. This public
hearing process as described by Florida Statute 197.3631. would have required
first class notice of every property owner subject to the assessment ( entire city ).
The applicant has been contacted and has executed a Stormwater Assessment
consent form. The City initiated Annexation, Future land Use Map amendment
and initial zoning request is once again before the Planning and Zoning Board.
PETITION ANALYSIS:
The required findings for annexations pursuant to Florida Statutes and the lOR's
are discussed in the attached staff report of October 17, 1994. A positive t
finding to each is made. The Future land Use Map amendment is being ~
processed as a small scale amendment which now pursuant to H.B. 1659 is .~
exempt from state review (DCA) unless there is an appeal. Positive findings of ;.
compatibility between City and County land Use Map designations, Consistency'
with the City's Comprehensive Plan, Chapter 3.1.1., Section 3.3.2.(Performance
Standards) and Sections 2.4.5.(D)(2)(rezoning findings) are made within the
attached report.
ASSESSMENT AND CONCLUSION:
Accommodating the annexation of this property and affixing an initial zoning
designation of ' R-1-AA is consistent with the City's program of annexation of
t~rritory within its planning and service area. In addition the annexation will
eliminate an enclave, which was the intent of the Delray Beach Enclave Act and
the policy of the State under the Elms III legislation.
P&Z Staff Report
Annexation with Initial Zoning ofR-laa District and Small Scale Future Land
Use Map Amendment from County MR-5 to City Low Density Residential
Page 3
The previous concern with respect to the need to obtain consent to the
Stormwater Assessment Fee has been resolved through the execution of the ~
consent form by the new owner of the property. With the consent by the !
property owner to the Stormwater Assessment Fee notice to all property owners
in the City can be avoided.
AL TERNA TIVES:
A. Continue with direction
,
B. Recommend approval of the annexation, Small Scale Land Use Map i.
Amendment from County MR-5 (Medium Residential) to City LD (Low I'
,.
Density) and initial zoning of R-1-AA. ',;, 'it
. "
,.
f
C. Recommend denial of the Annexation, Small Scale Land Use Map ~~
Amendment and initial zoning with the basis stated.
STAFF RECOMMENDATION:
Recommend to the City Commission approval of .this involuntary annexation
pursuant to the Delray Beach Enclave Act, Small Scale Land Use Map
amendment from County MR-5 to City Low Density, and initial zoning of R-1-AA
(Single Family) based upon positive findings with respect to Section 3.1.1.
Section 3.3.2. and Section 2.4.5 (D}(2) and policies of the Comprehensive Plan
and the following:
.
* That the property is contiguous, reasonable compact and does not create
an enclave. t.
.~'
* That services will be provided to the property in a manner similar to other'
similar properties within the City.
y:pzmeann
I PLANNING A~ ZONING BOAR(';
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: October 17, 1994
V.C. ... ... ~._.. --_.
AGENDA ITEM:
ITEM; Annexation, FLill1'Amendment from County ~m-5 (Me~ium Residential/5 Units per Acre)
to City Low Density/O-5 Units per Acre and Initial Zoning of R-IAA.
GENERAL DATA:
lJ UJ_1 IIII
n CULF
SOUtEVARO
0
Owners/Applicants........Walter F. Seymour ;&;. I I r- ~
\ :;)
0
\ CD
. Location..... . . .. . . . ... . . East side of Swinton I I
Avenue, North of Pine '\ .... -r-J' T'
I ~
.' , . ........ Ridge Road \ \ It: D
u
~
Property Size............O.51 Acres \ ~
f--
1il .A nPTlC
City Land Use Plan.......Low Density Residential lUll . ,
-
County Land Use Plan.....MR-5 (Medium Residential tfIc;tf
- 5 units/acre) ~
Current County Zoning...~RS (~ingleFamily ILE. _ .....
Residential) I ~
'~I
Proposed City Zoning.....R-l-AA (Single Family I I]
Residential) I
r--o nu:rr --- -
Adjacent Zoning..........North: R-l-AA "-~ - - -
-f--
- -
East: NC i( -
South: R-l-AA '-~ - == -I
West: CF L...- I~ ~ ":: ;:::, - -:
,.' -
. ,.. ---.., - -
1f
Existing Land Use........Vacant T I I - 1- '--
..--..
Water Service............Existing S" water main r ~
in the Tangerine Trail -
right-of-way r ,
Sewer Service............Exlsting sn sewer main I~-
. . ~
in the Tangerine Trail 1- t:
right-of-way I ~ ~I i-
n 6HffiB-
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V.C.
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I T E M B'E FOR E . THE BOA R D:
The item before the Board is that of making a recommendation on
an involuntary annexation (pursuant to the Delray Beach Enclave
Act HB 1061), Small Scale Future Land Use .Map amendment from
County MR5 (Medium Residential) to City LD (Low Density) and an
initial zoning of R-1AA (Single Family).
LDR Sections 2.4.5 (A),(C), and (D) provide the rules and
procedures for processing of this petition.
The subject property is located on the south side of Tangerine
Trail between Swinton Avenue and Seacrest Boulevard.
B A C K G R 0 U N D:
Through the. 1980s the City of Delray Beach experienced
considerable growth in its municipal boundaries through
annexation. These annexations were . typically in exchange for
... ,. . ,connection to muni.cipal _water and sewer systems and receipt of
'11 Fire and Police service.
The result of this explosive, unplanned growth was a
jurisdictional configuration which was described in 1985 as
resembling "swiss cheese". Enclaves ranging from an isolated
10,000 sq. ft. lot to a 108 acre subdivision existed.
The resulting "swiss cheese" development pattern created
jurisdictional fragmentation which led to land use battles
between the City and the. County, service deli very problems
among Fire, Police, Solid Waste, Recreation, and Library' service
providers, lack of the programming for the provision of central
(communi ty) water and sewer facili ties, and a general
degradation of neighborhoods.
In response to these problems, the 1986 legislature passed House
Bill 1061, hereafter referred to as the Delray Beach Enclave
Act, which allowed the City of Delray Beach to unilaterally
annex defined enclaves. The Delray Beach Enclave Act requir,ed .
. preparation of an Urban Services report which was prepared and -
approved by City Commission. This urban service report
identified 71 distinct enclaves which were eligible for
annexation under the Act. These enclaves were annexed during
the period of April, 1988 through the spring of 1989.
The subject parcel was identified as part of Enclave No.1,
which was annexed via Ordinance 111-88 on October 11, 1988.
During preparation of the associated annexation ordinance this
property was inadvertently omitted. The parcel has been
included within the City on the City Zoning and Land Use Maps as
we~l as the County Zoning and Land Use Maps. The omission was
discovered recently during review of the property appraiser t s
maps, which continue to identify the parcel as being within the
County.
/- P&Z Board Staff c-?ort c-
Enclave #1 Propext,y Annexation/lntial Zoning (R-1AA)
and Smale Scale FLUM Amendment
Page 2
This omission was brought to the attention of the City
Commission at its meeting of September 12, 1994. The Commission
initiated the Annexation, Small Scale Future Land Use Map
amendment, and initial zoning at that meeting.
PROJECT DES C RIP T ION: .
The subject property is a .51 vacant lot located south of
Tangerine Trail between Seacrest Boulevard and Swinton
Boulevard. The parcel is approximately 69' x 326' which
apparently is being utilized by the neighbor to the south as an
extension of his yard. Accompanying the annexation is a Future
Land Use Map change from the existing County Land Use Map
designation of Medium Density Residential to the City Land Use
Map designation of Low Density Residential with an initial
zoning of R-1AA.
ANNEXATION A N A L Y S I S:
- .. ..-. ... . ", . -
Florida statutes Governing Annexations:
Pursuant to the Delray Beach Enclave Act the City of Delray
Beach is authorized to annex enclaves which are within the
general boundaries of the City of Delray Beach as identified in
the Act. This enclave was - identified as an eligible parcel
within the Act. The required Enclave Act referendum was held on
November 4, 1986 wherein the Enclave Act was approved by a
single majority vote of the qualified electors. The required
Urban Service report was prepared and approved by City
Commission in 1988. The Urban Service Report ( known as the
Enclave Report) discussed the impacts, LOS (level of service)
standards and necessary infrastructure associated with Enclave
t1.
Land Development Regulations Governing Annexations:
. Pursuant to Land Development Regulation Section 2.4.5 (CHI)
"the City may initiate an annexation of private property
pursuant t~ Florida Statutes". Pursuant to Section 2.4.5 (C)(4)
in addition to findings required for action on the initial.
zoning application, the City Commission must make findings that
the annexation will not create a new County enclave and that the
annexation is consistent with Objective B-3.4 of the Land Use
Element (see discussion under Comprehensive Plan Analysis).
The annexation will not create an enclave and in fact will
eliminate an existing one. The annexation of this parcel
is consistent with the Comprehensive Plan Annexation Policy
B 3.4 (see discussion under Comprehensive Plan Analysis
section) .
~.- P&Z Board Staff r ?ort ("
-
Enclave #1 Proper~y Annexation/lntial Zoning (R-1AA)
and Smale Scale FLUM Amendment
Page 3
COM PRE HEN S I V E P LAN A N A L Y S I S:
Small Scale Future Land Use Map Amendment process:
This petition is being processed as a small scale development
pursuant to Florida statute 163.3187, which can be processed
without regard to the twice a year restriction placed on regular
Future Land Use Map amendments. To qualify as a small scale
Land Use Map amendment the following criteria must be met;
* The proposed amendment involves residential land uses
which are less than 10 acres in size and less than 10 units
per acre;
* The cumulative effect of the amendments shall not exceed 60 .<
acres "annually;
* The proposed amendment does not involve the same owner's
property more than once a year; and,
.* The proposed amendment does not involve the same property
owners property within 200 feet of property granted a
change within the prior 12 months.
This change is . a residential designation of less than 10 units
per acre and is less than 10 acres in size. The cumulative
effect of all small scale amendments this year do not exceed 60
acres. This property owner has not processed a small scale
amendment on this property or for property within 200 feet in
the last year. Thus, the criteria for processing as a small
scale amendment is met.
Consistency Between the City and County Land Use Designations:
The City's current Future Land Use Map designation for the
parcel is LD (Low Density Resldential- 0-5 units per acre). The
County's Land Use Designation is MR5 (Medium Residential 5 units
per acre).
.
The City's Low Density Future Land Use Map designation is
consistent with the County's Medium Residential Future Land Use
Map designation. The City's FLUM designations as initially
'contained on the City's Future Land Use Map adopted in November,
1989 (and as . formally subsequently amended) are deemed to be
advisory only until an official Land Use Map Amendment is
processed.
Adjacent Land Use Map deSignations and Land Uses:
Tne surrounding Land Use Map designations to the north and south
is LD (Low Density Residential), to the east is Transitional,
and to the west is Recreation and Open Space.
. - p&Z Board Staff (?ort (f
Enclave #1 Prope~cy Annexation/Intial Zoning (R-lAA)
and Smale Scale FLUM Amendment
Page 4
The existing Land Uses to the north is vacant, to the south is
residential, to the east vacant commercial (former HRS office) ,
and to the west the Unity church and school.
Consistency with the City's Comprehensive Plan:
Desiqnated Annexation Area: This requested annexation is
consistent with Policy B-3.4 of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property' is not shown within the "designated annexation
area" as this area was presumed to have been annexed when the
Comprehensive Plan was adopted in 1989.
Provision of Services: When annexation of property . occurs,
services should be provided in a manner which is consistent with
services provided to other similar properties already in the ..
City (Future Land Use- Policy. B-3.1). The following is a ~
discussion of required services and potential provision levels.: ~
Police: Annexation will not require additional manpower, as
: the police currently-pass the property while patrolling areas of
the City to the south, east, and west of the parcel.
Fire and Emergency Services: The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. 1 (West Atlantic Avenue).
Water: An 8" water main exists within Seacrest Boulevard and a"
new 8" water. main has been installed wi thin Tangerine Trail.
The Tangerine Trail main is part of the scheduled Enclave '1
~mprovements.
Fire suppression is provided along Swinton Avenue and Tangerine
Trail via existing fire hydrants.
Sewer: An 8" gravity sewer main has recently been installed
within , Tangerine Trail as part of scheduled enclave
improvements. This 8" main'gravity feeds into Lift station No'
. 105 located on the west side of Swinton Avenue.
-
Streets and Traffic: This'parcel has access to Tangerine Trail
which is being repaved to the parcel's east property line. The
balance of Tangerine Trail along the northern border of the
parcel is a dirt road. At present the property owner to the
south appears to be utilizing the area as an extension of his
yard. Given the nature of the existing development no
additional access appears to be needed at this time. With
future development access from a paved street will be required.
Parks and Open Space: The annexation of this residential
properties will create little additional impacts on park and
recreational facilities. No park deficiencies are noted in
this part of the City.
" .
. P&Z Board Staff (- port (
Enclave #1 Property Annexation/lntial Zoning (R-lAA)
and Smale Scale FLUM Amendment
Page 5
Solid Waste: At this time no solId waste service is provided to
the site. If the site is developed in the future the parcel
will be receive service from the current city provider.
Fiscal Impacts:
Affect Upon the Annexed Property: For the 1994 tax year this
parcel had an assessed value of $8,000..This property does not
qualify for homestead" or other exemptions therefore the taxable .
value is $8,000.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire/Rescue MSTU 2.5539 Deleted (County) f
Library .4437 Deleted (County) ,
City of Delray Beach 6.88 Added . (City) , ,
City of Delray Beach Debt 1.07 Added (City)
--------
" +4. 9524 *
* Total tax millage in the County is 20.2264 mills while in
the City the total rate is 25.1788 mills.
The tax increase for this property'~;wil-l]:)e $39~ 62;':.ii"year! In
addition the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility: As this parcel is vacant the
City assessment will be zero, based upon the combined impervious
area of the buildings parking areas etc. If developed with
impervious areas a stormwater fee will be assessed.
Water/Sewer Rate Reduction: The annexation of this property
would not have a monetary impact with respect to the utility
fund, as the property does not currently receive municipal water
and sewer service.
. Fiscal Impacts to the City: At the 1994 City operating mill'age'
rate of 6.88 mills and debt rate of 1.07 mills, the property -
will generate approximately $63.60 in ad valorem taxespe~ year.
Z 0 N I N G A N A L Y S I S:
The proposed initial City Zoning of the property is R-lAA
(Single Family) The current County zoning designation for the
property is Residential Single Family.
The surrounding zoning designations are R-lAA to the north and
south, to the east is NC (Neighborhood Commercial) and to the
west is CF (Community Facility).
The City zoning designation of R-lAA is consistent with the
existing County designation of Residential Single Family. Upon
annexation only the City zoning designation is applicable.
.
. P&Z Board Staff r port r
Enclave 11 Property Annexation/lntial Zoning (R-lAA)
and Smale Scale FLUM Amendment
Page 6
R E QUI RED FIN DIN G S: (CHAPTER 3)
Pursuant to Section 3. 1. 1 (Required Findings), prior to the
approval of development applications, certain findings must be
. made in a form which is part of the official record. This may
be achieved through information on the application, the. Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. .
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed R-1AA zoning designation is' consistent with
the underlying "Low Density" land use designation.
, Concurrency: Facilities which are provided by, or through, the
City shall -be provided to new development concurrent with
. issuance of a Certificate of Occupancy. These facilities shall
. be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of a small vacant
parcel that is c~rrently not receiving service.
Compliance with Land Development Regulations:
Upon annexation any future development of the property will
require compliance wi th the Ci ty' Land Development
Regulations.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
. consistency is to be made. Other objectives and policies found
.in the adopted Comprehensive Plan may be used in making of a -
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply areas
follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The area is a stable residential area, and a similar
and consistent initial zoning designation is being
sought.
,
- .. P&Z Board Staff~ ,port (
Enclave #l Property Annexation/Intial Zoning (R-lAA)
and Smale Scale FLUM Amendment
Page 7
B) Performance Standard 3.3.2(0) states: That the rezoning
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompat~bility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The ini tial zoning designation of R-1A is consistent
and compatible with the adjacent land ,uses. -
Pursuant to Section 2.4.5(0)(1), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies '
certain valid reasons for approving the change being sought.
As this zoning petition involves an ' initial zoning .'
designation to be assigned to a property being annexed, the ' ~;
:r
above section does not apply. l
j
,~
<::
REVIEW B Y o THE R S:
.. ..
COUNTY NOTICE:
On September 14, 1994 the Palm Beach County Planning Division
was notified of the City's intent to annex this property. To
date, a response has not been received.
PUBLIC NOTICE:
Certified notice has been provided to the property owner of
record. In addition~ notice to all properties within 500 feet
was given. Courtesy notices were also sent to Deborah Oowd
(Northeast Neighborhood).
ASS E SSM E N T AND' CON C L U S ION S:
Accommodating the annexation of this property and affixing an
initial City zoning designation of R-lAA is consistent with the
. the City's program for annexation of territory within 'its
-
Planning and Service area. In addition, the annexations will
eliminate an enclave, which was ,the intent of the Oelray Beach
Enclave Act and the policy of the State under the new Elms III
legislation.
The annexed area will experience a slight increase in taxes.
However, with the increased taxes and fees will come better
City services.
.
. . P&Z Board StaffC' ;port (
-
Enclave #1 Property Annexation/Intial Zoning (R-lAA)
and Smale Scale FLUM Amendment
Page 8
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale land use
amendment 'from County MR5 (Medium Residential) to City LD
(Low Density) and initial zoning of R-lAA.
C. Recommend denial of the Annexation, Land Use Plan Amendment
and'initial zoning with the basis stated.
S T A F F ' R E COM MEN D A T ION:
Recommend to the City Commission approval of this involuntary
annexation pursuant to the Delray Beach Enclave Act", Small Scale' , ,
Land Use amendment from County MaS to City Low Density, and ~
initial zoning of R~lAA (Single 'Family) based, upon positive '!
, findings ,with respect, to Section' 3. 1. 1, "'Section ,3. 3 . 1 ',and "
policies of the Comprehensive Plan and the following: ,
* That the property is contiguous, reasonably compact and
does not create an enclave.
* That services will be provided to the p~operty in a manner
similar to other similar properties within the City.
Report prepared by: Paul Dorling, PrinCipal Planner
pC/_nc:1........1.COC
.
,.
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-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtr/0
'8"
SUBJECT: AGENDA ITEM # 10 5 - MEETING OF AUGUST~. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 38-95
(REZONING FROM RM TO GC FOR STRAGHN FUNERAL HOME)
DATE: JULY 26, 1995
This is second reading and public hearing for Ordinance No. 38-95
which rezones a vacant parcel of land located on the west side of
S.W. 5th Avenue, immediately south of the Straghn Funeral Home,
from RM (Medium Density Residential) District to GC (General
Commercial) District. The purpose of the rezoning is to
accommodate a parking lot for a planned chapel addition to the
funeral home. The addition will be processed as a conditional
use modification. However, the appropriate zoning must first be
in place.
The Planning and Zoning Board considered this matter at public
hearing on June 19, 1995, and voted unanimously to recommend that
the rezoning be approved. At first reading on July 11, 1995,
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 38-95 on second and final
reading, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
f~ l//O
ref:agmemo12
,
.ll ORDINANCE NO. 38-95 -
I
, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICTj
SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 5TH
AVENUE, BETWEEN S.W. 1ST STREET AND ATLANTIC AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
I "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
I PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
I 1994, as being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of June 19, 1995, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted unanimously to
recommend approval of the rezoning, based upon positive findingsj and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
I reflect the revised zoning classification.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
! Section 1. That the Zoning District Map of the City of
I Delray Beachl Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of GC (General Commercial)
District for the following described property:
I The East Half (E 1/2) of Block 21, LESS the South 240
1'1 feet thereof and LESS the North 235 feet thereof, of
i DELRAY BEACH (FORMERLY LINTON), FLORIDA, according to
I: the Plat thereof recorded in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 1 at Page 3 (LESS the East 5
feet thereof).
The subject property is generally located on the west
side of S.W. 5th Avenue, between S.W. 1st Street and
Atlantic Avenue; containing 0.41 acres, more or less.
,
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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 conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or pro'vision of this
I ordinance or any portion thereof, any paragraph, sentence, or word be
I 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 be<:::ome effective
immediately upon passage on second and final reading.
I PASSED AND ADOPTED in regular session on selcond and final
I reading on this the 8th day of August , 1995.
I ~~
II
ATTEST: / M A .
.1
o ftJvrn 'f/})t'-JU~-rg J/o7lv
I City Cl rk
First Reading July 11, 1995
I
Second Reading August 8, 1995
i
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- 2 - Ord. No. 38-95
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P'1
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT: MEETING OF JULY 11,1995
REZONING FROM RM (MUL TIPLE FAMILY RESIDENTIAL
MEDIUM DENSITY 12 UNITS/ACRE) TO GC (GENERAL
COMMERCIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
rezoning pursuant to LOR Section 2.4.5(0), Changes of Zoning. The
subject property is located on the west side of S.W. 5th Avenue, south of
West Atlantic Avenue.
BACKGROUND:
The subject property is a vacant parcel located immediately south of the Straghn
Funeral Home. The funeral home originally received conditional use approval in
1979.
The subject property is to be rezoned in order to accommodate a parking lot for a
planned chapel addition to the Straghn Funeral Home. The chapel addition will
be reviewed by the Commission as a part of a Conditional Use, however the
rezoning must be approved first. Please refer to the attached Planning and
Zoning Board report for additional information.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of June 19,
1995. There was no public comment. The Board voted unanimously to approve
the rezoning request.
.
City Commission
Rezoning for Straghn Property
Page 2
RECOMMENDED ACTION:
0 By motion, approve the rezoning request from RM (Multiple Family
Residential 12 units/acre) to GC (General Commercial) for the
Straghn property based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section
2.4.5(0)(5).
Attachments:
0 Planning and Zoning Board Staff Report, Location Map, & Reduced
Survey
S:STRAGHNCC.DOC
.
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: June 19, 1995
AGENDA ITEM: V.C.
ITEM: Rezoning from RM (Medium Density Residential) District to GC (General Commercial)
District for a Parcel of Land Located en the West Side of S.W. 5th Avenue and
Immediately South of the Straghri Funeral Home.
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GENERAL DATA:
Owner................................... .......... ...... ........... ............ Alfred Straughn
Agent........................... ............. ...... ......................... .... Thomas Fiala
Techcon Design Umited
Location........................................................................West side of SW 5th Avenue, South of Atlantic Avenue.
Property Size.. .............. ............. ........ .... ..... .................. 0.41 acre
Land Use Map Designation.......................................... Redevelopment Area #1
Existing Zoning.................... ................ ........... ........ ...... RM (Medium Density Residential)
Proposed Zoning............... .......................................... GC (General Commercial)
Adjacent Zoning.............................................. ..North: GC
East: RM
South: RM
West: GC and RM
Existing Land Use........................................................ Vacant
Proposed Land Use..................................................... Rezoning to GC to accommodate an expansion of the existing
funeral home located on the parcel to the north.
Water Service...............................................................Existing 6" water main in SW 5th Avenue.
Sewer Service.............................................................. Existing 8" sanitary sewer main in SW 5th Avenue.
V.C.
.
The action before the Board is the consideration and recommendation to the City
Commission on a rezoning request from RM (Medium Density Residential 12 units/acre)
to GC (General Commercial) for a portion of the S~ Funeral Home property. The
subject property is located on the west side of S.W. 5th Avenue, south of West Atlantic
Avenue.
This rezoning is being processed pursuant to LDR Section 2.4.5(0), Changes of Zoning.
The subject property is described as the east half of Block 21, less the south 240 feet
thereof and less the north 235 feet thereof, of Delray Beach, Florida, according to the plat
recorded in Plat Book 1, Pag~ 3, (see attached" location map). The property is currently
vacant and contains 17,919 sq. ft. (.41 acre). The rezoning of the subject property is to
provide parking for a proposed chapel addition, north of the existing funeral home.
The subject property was created by meets and bounds description from Block 21, Town
of Delray recorded at Plat Book 1, Page 3. The property was purchased by the current
owner in January, 1976 and has remained vacant
The existing funeral home (located north of the subject property) received conditional use
approval from the Delray Beach City Council on April 23, 1979. Modifications have
occurred through the years to add 700 sq. ft. of residential floor area (1987) and to add a
carport awning (1991).
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,
.
P & Z Staff Report
Straghn Property Rezoning
Page 2
Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The subject property has a land use designation of Redevelopment Area #1 and a zoning
designation of RM (Medium Density Residential-12 units/acre). Pursuant to Land Use
Element Policy C-2.1, until such time as a redevelopment plan is prepared and adopted
private development shall either be deferred until the plan is completed or, the land use
request will be considered on its own merits with the existing zoning and policies of the
Comprehensive Plan. The Planning and Zoning Department and Community
Redevelopment Agency recently completed the Redevelopment Plan for the West
Atlantic A venue Area. The plan calls for general commercial uses between Atlantic k
Avenue 300' to 1st Street, except along S.W. 5th Avenue where the commercial area will ~
extend 600'. The plan addresses commercial impacts upon residential properties by ~
\.
requiring the commercial uses to be as close to Atlantic as possible and for parking and tt.~
accessory uses to be located between the residential use and commercial use. The plan
was recommended for approval by the Visions Committee on May 8th, by the Planning
and Zoning Board on May 15th, and by the CRA on May 18. The plan is scheduled for
consideration before the City Commission in the coming weeks. Support for the
extension of the GC zoning along S.W. 5th Avenue is anticipated. Pursuant to Section
4.4.9(0), funeral homes are allowed as a conditional use within the GC zoning district.
Based on the above, a positive finding with respect to consistency with the future land
use map can be made.
Concurren~:Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer: Adequate capacity exists to serve the proposed development.
Service will be provided as follows:
. Water service will be provided via connection to the existing 6" water main located
within N.W. 5th Avenue.
. Sewer service will be provided via connection to the existing 8" sanitary sewer main
located within N.W. 5th Avenue.
. Fire suppression will be provided to the site via construction of a new fire hydrant
along N.W. 5th Avenue.
.
P & Z Staff Report
Straghn Property Rezoning
Page 3
Streets and Traffic:
The proposed use of the subject property is a parking lot. The parking lot is intended to
support a proposed chapel addition north of the existing funeral home, located north of
the subject property. The rezoning of the subject property to accommodate a parking lot
will have no effect on traffic concurrency. A review of traffic concurrency as it relates to
the chapel addition will be addressed at the time of conditional use approval for the
addition.
Solid Waste: The current zoning of RM allows a multiple family structure up to 12
units/acre. lbis use would generate.52 tons of solid waste per year. The new zoning of
GC and the proposed use of a funeral home will generate 2.5 pounds per square foot per
year. Due to the change in use, a significant decrease in solid waste generation will
occur. A positive finding with respect to solid waste can therefore be made.
Consistency: Compliance with the performance standards set forth in Section 3.3.2
(Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5), Rezoning Findings shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following objectives and policies are applicable:
Future Land Use Policy C-2.4: The Atlantic Avenue Redevelopment Area
extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue.
Commercial redevelopment should be approached on a block by block basis and
generally should be cont'"med to a depth of 300 feet from Atlantic Avenue rights-of-
way. Great care must be taken with respect to the commercial area's relationship
and its impact upon existing or proposed residential uses.
The southern 65 ft. of the subject property is located outside of the prescribed area,
however as a part of the redevelopment plan the entirety of S.W. 5th Avenue from
Atlantic A venue to S. W. 1 st Street is planned as commercial. Existing residential
property located to the west of the subject property is required to be buffered with
landscaping as a part of the Conditional Use and Site Plan approvals.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
s~andards of Section 3.3.2 and other policies which apply are as follows:
P & Z Staff Report
Straghn Property Rezoning
Page 4
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or that if
an incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
To the north of the property to be rezoned exists the Straghn Funeral Home. The subject
property will provide accessory parking for a proposed chapel addition. To the east are
existing commercial uses. To the south is a single family residence and to the west are
multiple family residences. Land Development Regulations require a hedge or wall and
trees along the west property line to buffer against the residential use. The funeral home
has existed in the area since 1979. The area to the south is designated for future
commercial. Compatibility findings with the funeral home use will be further addressed
with the Conditional Use.
Section 2.4.5(D)(S) 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 f'mding that the rezoning fulf'dls 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's justification statement reads as follows:
"The West Atlantic Redevelopment Plan was approved by the Visions Committee
on May 8th and the CRA on May 18th. Rezoning of the Property to GC is
consistent with the Redevelopment Plan, Future Land Use Map, and the future
development of the area."
The applicable reasons are "b" and "c" above. Through the approval of the West Atlantic
Redevelopment Plan, S.W. 5th Avenue is planned as a commercial corridor from Atlantic
t~ S.W. 1st Avenue. Currently, the General Commercial District extends approximately
490 feet south of Atlantic on the east side of S. W. 5th A venue and 235 feet on the west
side of S. W. 5th A venue. As the redevelopment plan calls for commercial south to 1st
.
."
P & Z Staff Report
Straghn Property Rezoning
Page 5
Street, the rezoning of the subject property will be consistent with the plan. The
remaining sections of S.W. 5th Avenue will be rezoned to GC later this year following
the adoption of the Future Land Use Map amendments in the redevelopment area.
Community Redevelopment A~ency
The CRA reviewed the proposed rezoning at its meeting of June 8th. The Agency
recommended approval of the petition as submitted.
Special Courtesy Notice:
A courtesy notice has been provided to the West Atlantic Property Owners Association, ..
Delray Merchants Association, and the Visions Steering Committee. Any letters of t
objection will be provided to the Board.
Public Notice:
Notice of the proposed rezoning has been mailed to property owners within a 500' radius
of the subject property. Letters of objection or support will be attached to the report or
presented to the Board at the meeting.
The proposed rezoning is consistent with policies of the Comprehensive Plan and Land
Development Regulations. The subject property is also a part of the planned rezoning of
S.W. 5th Avenue to GC as proposed by the West Atlantic Redevelopment Plan. Based
upon the above, the rezoning of the subject property can be viewed as a positive first step
for S.W. 5th Avenue.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to GC for the Straghn
property based upon positive findings with respect to Chapter 3 (performance
Standards) of the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(0)(5).
:
P & Z Staff Report
Straghn Property Rezoning
Page 6
C. Recommend denial of the rezoning request from RM to GC for the Straghn
property based upon failure to make a positive finding' with respect to Section
2.4.5(D)(5), the rezoning fails to fulfill at least one of the reasons listed.
. .." . .::', '.~:.,. " .:..' ,,<'.. :,;..m ..~~, .;" . .,~ mm"~' ;., ._' ,~
By motion, recommend approval of the rezoning request to the City Commission from
RM (Medium Density Residential 12 units/acre) to GC (General Commercial) for 'the
Straghn property based upon positive findings with respect to Chapter 3 (performance
Standards) of the Land Development Regulations, policies of the Comprehensive Plan,
and Section 2.4.5(D)(5).
Attachments:
* Location Map & Survey
Y:STRAHNRZ.DOC
.
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,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8'Jt1
SUBJECT: AGENDA ITEM iJD B./ - MEETING OF AUGUST 1. 1995
CONDITIONAL USE APPROVAL FOR CHAPEL ADDITION TO STRAGHN
FUNERAL HOME
DATE: JULY 26, 1995
This is before the Commission to consider a request for conditional
use approval to add an 1,800 sq. ft. chapel addition, 33 new parking
spaces and associated landscaping to the Straghn Funeral Home. The
subject property is located on the west side of S.W. 5th Avenue,
south of West Atlantic Avenue.
The existing funeral home received conditional use approval from
the City in April, 1979. Modifications have occurred through the
years to add 700 sq. ft. of residential floor area (1987) and to add
a carport awning (1991). The current petition requires the
rezoning of the vacant parcel immediately south of the existing
funeral home from RM (Multiple Family Residential) to GC (General
Commercial) in order to accommodate parking for the proposed chapel
addition. The Planning and Zoning Board recommended approval of
the rezoning, and the Commission passed the ordinance by unanimous
vote at first reading on July 11, 1995.
The Planning and Zoning Board considered the conditional use
request at public hearing on July 17, 1995, and voted 6 to 0 to
recommend that it be approved, subject to the condition that a site
plan and landscape plan be provided which addresses the issues
within the Planning and Zoning Board staff report and conforms with
the City's Land Development Regulations.
Recommend approval of the conditional use for the Chapel Addition
to Straghn Funeral Home, based upon positive findings with respect
to Chapter 3 (Performance Standards) of the Land Development
Regulations and the policies of the Comprehensive Plan, and subject
to the condition recommended by the Planning and Zoning Board.
~ 1./ -0
ref:agmemo13
.
L' X')
()L I
CITY COMMISSION DOCUMENTATION
TO:
THRU: ECTOR
N ING AND ZONING
FROM:
SUBJECT: MEETING OF AUGUST 1,1995
STRAGHN CHAPEL ADDITION CONDITIONAL USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a conditional
use request for the Straghn Chapel Addition pursuant to LDR Section
2.4.5(E). The subject property is located on the west side of S.W. 5th
Avenue, south of West Atlantic Avenue.
BACKGROUND:
The subject property consists of an existing funeral home and associated
parking. In March, 1995, a Conditional Use petition was received to construct an
1,800 sq. ft. chapel addition to the existing funeral home. In addition to receiving
the Conditional Use petition, a Rezoning petition for the vacant parcel south of
the funeral home was also submitted. The Commission approved the first
reading for the rezoning of the vacant parcel from RM (Multiple Family
Residential) to GC (General Commercial) on July 11th and will consider the
request on second reading also on August 1 st. The Conditional Use for the
chapel addition will be considered after the second reading of the rezoning.
Please refer to the attached Planning and Zoning Board staff report for a more
detailed analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board Considered this item at its meeting of July 17,
1995. There was no public testimony regarding the request. The Board, by a
vote of 6-0, recommended approval of the subject conditional use.
.
City Commission Documentation
Straghn Chapel Addition
Page 2
RECOMMENDED ACTION:
0 By motion, approve the request for Conditional Use for the Straghn
Chapel Addition based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations and the policies of the Comprehensive Plan, and
subject to the following condition:
1. That a site plan and landscape plan be provided which
addresses the issues within the Planning and Zoning Board
staff report and conforms with the City's Land Development
Regulations.
Attachments:
Planning and Zoning Board Staff Report
U:STRAGHNCC,DOC
,
pLANNING AND ZONING BOARD
CITY OF OELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 17, 1995
AGENDA ITEM: V.A.
ITEM: Conditional Use Request Associated with the Expansion of the Straghn Funeral Home.
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GENERAL DA TA:
Owner...... ........... ....... ....... ... ......... ............ ....... ... ......... .Alfred Straughn
Agent..................................... ............ ....... .................... Thomas Fiala
Techcon Design Umited
Location........................................................................West side of SW 5th Avenue, South of Atlantic Avenue.
Property Size................... .............................................0.75 acre
Land Use Map Designation.......................................... Redevelopment Area #1
Existing Zoning................................. .............. _............. GC (General Commercial)
Adjacent Zoning.................................................North: GC
East: RM (Multiple Family Residential - Medium Density)
South: RM
West: GC and RM
Existing Land Use........................................................ Existing funeral home, with an adjacent vacant lot.
Proposed land Use..................................................... Conditional Use to accommodate the addition of a chapel to the
existing funeral home.
Water Service.............................................................. Existing 6" water main in SW 5th Avenue.
Sewer Service...... ,. ............" ..,.....,...,..... ,..,.....,......." Existing 8" sanitary sewer main in SW 5th Avenue.
V.A.
.
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..................................................................................................................................................................................................................................
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval for a chapel addition to the Straghn Funeral
home, pursuant to Section 2A.5(E).
The subject property is located on the west side of S.W. 5th Avenue, south of West
Atlantic Avenue.
The subject property was created by meets and bounds description from Block 21, Town
of Delray recorded at Plat Book 1, Page 3. The existing funeral home received
Conditional Use approval on April 23, 1979. Modifications have occurred through the f
years to add 700 sq. ft. of residential floor area (1987) and to add a carport awning
(1991).
In March, 1995, the Planning Department received a Conditional Use petition for the
subject property. A rezoning petition was also received for the vacant parcel immediately
south of the existing funeral home. The vacant parcel was required to be rezoned from
RM (Multiple Family Residential Medium Density 12 units/acre) to GC (General
Commercial) in order to accommodate parking for the proposed chapel addition.
The Rezoning petition was approved on first reading by the City Commission on Ju1y
11th. The Conditional Use for the chapel addition is now before the Board for
consideration.
:f;,~:~ffif;,:j~:j:ri~~1j~@~iffi~~:I~~:~~\~r1~:~~ffi~~ffi~~~~:~1~1;1~~:~~il!If.I~~~~;~~~~~~~!!f.~!~I~~Il~~~:I~~!~!!;::~m:!~~~;1~~:!~:!:IIi.l1~lfif~1!~~il\}il!ffif.tffiffiiff~1~f~
The Straghn Funeral Home Conditional Use proposes to add an 1800 sq. ft. chapel
addition, 33 new parking spaces, and associated landscaping. The existing funeral home
will remain as is.
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Future Land Use: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of Redevelopment Area
Number 1 and a zoning designation of GC (General Commercial). Pursuant to Land Use
Element Policy C-2.1, until such time as a redevelopment plan is prepared and adopted,
P & Z Staff Report
Straglm Chapel Addition - Conditional Use
Page 2
private development shall either be deferred until the plan is completed or, the land use
request will be considered on its own merits with the existing zoning and policies of the
Comprehensive Plan. The Redevelopment Plan for West Atlantic Avenue was recently
completed and was adopted for consideration by the City Commission on July 11 tho The
plan calls for general commercial uses along the entirety of S.W. 5th Avenue. Funeral
homes are allowed as Conditional Uses in the GC district [LDR Section 4.4.9(D)]. Based
upon the above, a positive finding with respect to consistency with the future land use
map can be made.
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.
~'
Positive findings with respect to water, sewer, fire suppression, and solid waste were
made with the approval of the rezoning petition for the southern 129' of the Straghn
property. Those findings are still valid and appropriate. A discussion of concurrency as
it relates to streets and traffic will follow.
Streets and Traffic:
The proposed use of the subject property is a chapel addition. The existing funeral home
has been in existence since 1979. The chapel addition will be new construction. Traffic
concurrency will deal with only the chapel addition.
According to standards used by Palm Beach County's Traffic Engineering, funeral homes
generate approximately 46 ADT (Average Daily Trips). Any additions to the funeral
home would be looked at on a percentage basis. Therefore, the existing Straghn Funeral
Home consisting of 1800 sq. ft. would generate 46 ADT and the construction of an 1800
sq. ft. chapel addition (100% increase) would generate another 46 ADT for a total of 92
ADT. The addition of 46 vehicle trips on S.W. 5th Avenue will not have an adverse
impact on the total traffic volume. Based on the above, a positive with respect to traffic
concurrency can be made.
Consistency: Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives
and policies found in the adopted Comprehensive Plan may be used in making a
finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policies were found.
.
P & Z Staff Report
Straghn Chapel Addition - Conditional Use
Page 3
Future Land Use Policy C-2.4: The Atlantic Avenue Redevelopment Area
extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue.
Commercial redevelopment should be approached on a block by block basis and
generally should be confined to a depth of 300 feet from Atlantic Avenue rights-of-
way. Great care must be taken with respect to the commercial area's relationship
and its impact upon existing or proposed residential uses.
As a part of the redevelopment plan, the entirety of S.W. 5th Avenue from Atlantic
A venue to S. W. I st Street is planned as a commercial corridor. Existing residential
property located to the west of the subject property is required to be buffered with
landscaping as a part of the Conditional Use and Site Plan approvals. The sketch plan
provided with the Conditional Use indicates landscaping within the prescribed area.
f
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use will
not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The proposed chapel addition will be connected with a funeral home use that has been in
existence since 1979. Commercial development and redevelopment along S. W. 5th
Avenue are identified as desirable in the West Atlantic Redevelopment Plan. The
development of this chapel addition will help provide an impetus and help further future
development of the remaining vacant parcels along S.W. 5th Avenue.
Based on the above, a finding can be made that the proposed use will not have an adverse
impact on the surrounding area nor will it hinder development or redevelopment of
nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
Compliance of the site with the Land Development Regulations is discussed below.
After reviewing the submitted sketch plan, the following deficiencies are noted:
1. The north and west parking areas do not provide a 24' aisle width.
.
P & Z Staff Report
Straghn Chapel Addition - Conditional Use
Page 4
2. The entire site must be upgraded to present landscaping standards as the addition is
more than 25% of the existing floor area.
3. A fire hydrant is needed within 300' of the development.
4. A 10' setback is required for the chapel addition.
The above issues will need to be adequately addressed during site plan review.
Other Issues:
Wellfield Notification:
Pursuant to LDR Section 4.5.5(B), nonresidential development subject to site plan review ~.
or conditional use review and approval which is contained within the Wellfield Protection
Zones must file an "Affidavit of Notification" with the County's Department of
Environmental Resources Management. The applicant has submitted the referenced
affidavit and it has been submitted to Palm Beach County's DERM.
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Community Redevelopment Agency:
TheCRA reviewed the proposed conditional use at its meeting of July 13th. The CRA
had concerns with the amount of paving adjacent to the S.W. 5th Avenue right-of-way,
however the Agency recommended approval.
Special Courtesy Notice:
A courtesy notice has been provided to the West Atlantic Avenue Architectural Review
Committee and Delray Merchants Association. Any letters of objection will be provided
to the Board.
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of the
subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
.
. '
P & Z Staff Report
Straghn Chapel Addition - Conditional Use
Page 5
~:ii:::!::::i::::!::[::::!::::\::i:\\i\::i::::ii[:::::::[::::::[::;i:::i:i:[[:I~::~:::I:~I:i~:i~::tI~I:~~:::I!:::::!::1:1~:::I:;\:\\::I\:1~\I~:iii:~I::\l]i:I~:I!:I:~N\:I:::i!j:::::::[:::::::::::::::::[::;:[:[j:;::::::;;:::!::::;::;::::;;:::[;;,
The continued development of the subject property will contribute to redevelopment
efforts in the area. Compatibility is not a concern as the redevelopment plan for West
Atlantic calls for a commercial corridor along S.W. 5th Avenue. This development can
therefore be viewed as in compliance with the goals and objectives of the Comprehensive
Plan.
:::1111i:1~:~i:~i:1:::f~:f.;:::r,~j~:~i:::I~!~i:i:1W~:i:m:::!::!i:!:::i:i:m:j:::i:~1:1:::f.I~I!I~I~11!Itlll~I~!~II~~I!11111:1!;ii:liij~~]~~ff.i~IIf.lll'llt~il."A
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use approval for the Straghn ~
Chapel Addition based upon positive findings with respect to Section 2.4.5
(E)(5) (Compatibility), Chapter 3 (performance Standards) of the Land
Development Regulations and the policies of the Comprehensive Plan subject to
conditions.
C. Recommend denial of the Conditional Use approval for the Straghn Chapel
Addition based upon a failure to make positive findings with respect to Section
2.4.5 (E)(5) (Compatibility) and Chapter 3.
Recommend approval of the request for Conditional Use for the Straghn Chapel
Addition based upon positive findings with respect to Chapter 3 (performance Standards)
of the Land Development Regulations and the policies of the Comprehensive Plan, and
subject to the following conditions:
1. That a site plan and landscape plan be provided which addresses the issues
within this staff report and conforms with the City's Land Development
Regulations.
Attachment: Location Map
Sketch Plan
Report Prepared by: Steven E. Taylor, Planner.
U:STRAHNCU.DOC
.
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt1Jv1
~
SUBJECT: AGENDA ITEM # IDe l.. MEETING OF AUGUST ..r'. 1995
~ECOND READING AND PUBLIC HEARING FOR ORDINANCE NO 40-95
(LDR AMENDMENT RE DOCKS. DOLPHINS. FINGER PIERS. AND BOAT
~IFTS)
DATE: JULY 26, 1995
This is second reading and public hearing for Ordinance No. 40-95
which amends Article 7.9 of the Land Development Regulations
concerning the regulation of docks, dolphins, finger piers and boat
lifts. It changes the review authority for permitting from the
City Engineer to the Building Division which is consistent with our
current procedure, and provides that any appeal of the Building
Official's decision will be heard by the Board of Adjustment
instead of the City Commission.
Other modifications include clarification with respect to how many
docks are allowed on property, required setbacks, and the allowed
location of associated dolphins. The amendment also increases the
distance that boat lifts will be able to extend into the waterway
from 10 feet to 20 feet.
The Planning and Zoning Board considered this amendment at public
hearing on June 19, 1995, and voted unanimously to recommend that
it be approved. At first reading on July 11, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 40-95 on second and final
reading.
p~ L/ /0
ref:agmemo11
01{
'4
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: 01 E DOMINGUE , IRECTO
~RTMENT OF PLANNING A
ad~'
FROM: PAUL DORLlNG
PRINCIPAL PLA ER
SUBJECT: MEETING OF JULY 11,1995 ORDINANCE AMENDING SECTION
7.9 OF THE LAND DEVELOPMENT REGULATIONS - (DOCKS.
DOLPHINS. FINGER PIERS AND BOAT LIFTS)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of an
amendment to the LOR Section 7.9 Docks, Dolphins, Finger Piers and Boat
Lifts.
-
BACKGROUND:
The amendment will bring the procedures outlined in the LOR's into consistency with
the current permit process. The LOR's currently state that the review and approval
process rests with the City Engineer and not the Building Department. In practice the
City Engineer does not get involved in the current review or approval process unless
the permit request involves a waiver.
This amendment will change the review authority for docks, dolphins, finger piers and
boat lifts from the City Engineer to the Building Department as well as the appeal of that
decision from the City Commission to the Board of Adjustment. The proposed
amendments further provides clarification with respect to how many docks are allowed
on property, their required setbacks, and the allowed location of associated dolphins.
The amendment further increases the distance (10' verses 20') that boat lifts will be
able to extend into the waterway.
. ,
City Commission
Amendment to LDR Section 7.9 for Docks, Dolphins, Finger Piers & Boat Lifts
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of June 19, 1995.
No one spoke during the public hearing. The Board recommended approval of the LOR
amendment on a unanimous (7-0) vote.
RECOMMENDED ACTION:
By motion, approve the first reading of an amendment to the Land Development
Regulations Sections 7.9.2 through Sections 7.9.11.
Attachments:
* Proposed LOR Amendment
S:FENCE.DOC
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ORDINANCE NO. 40-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.9, IIDOCKS,
DOLPHINS, FINGER PIERS, AND BOAT LIFTSll, OF THE LAND
DEVELOPMENT REGULATIONS TO CHANGE THE REVIEW
AUTHORITY FROM THE CITY ENGINEER TO THE BUILDING
DIVISION; AMENDING THE APPEAL PROVISION FROM THE CITY
COMMISSION TO THE BOARD OF ADJUSTMENT; CLARIFYING THE
NUMBER OF DOCKS ALLOWED ON A PROPERTY, REQUIRED
SETBACKS, AND THE LOCATION OF ASSOCIATED DOLPHINS;
INCREASING THE DISTANCE THAT A BOAT LIFT MAY EXTEND
INTO THE WATERWAY; AMENDING TITLE XV, II BUILDING
REGULATIONSII, OF THE CODE OF ORDINANCES BY REPEALING
CHAPTER 150, II DOCKS , DOLPHINS, FINGER PIERS, AND BOAT
LIFTS II , IN ITS ENTIRETY; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of June 19,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEAC~! FLORIDA, AS FOLLOWS:
Section 1. That Chapter Seven, "Building Regulations",
Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
ARTICLE 7.9 DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS
Section 7.9.1 Intent: The intent of this Article is to permit
construction in and upon certain waterways of docks, dolphins, finger
piers, and boat lifts which do not cause a hazardous interference with
navigation, endanger life or property, or deny the public reasonable
visual access to public waterways. These regulations shall be
applicable only to residentially zoned property and shall exclude
commercial boating and related facilities.
Section 7.9.2 Permits Required:
:
.
I
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(A) It shall be unlawful to construct any dock, dolphin,
finger pier, or boat lift in the City without first submitting plans
and obtaining a building permit therefor from the Building Department.
The installation of docks, dolphins, finger piers, and boat lifts
I shall require the submission to the City in advance of detailed plans
I and specifications for the proposed work, a plot plan, as-built
drawings; plus a final certification of completion and compliance to
said engineer t s design by a state registered professional engineer
before the City's final acceptance. The design and plans shall
include as a minimum:
i (1) Waterway typical section.
I
I
I (2) Type of soil being penetrated.
I
I (3) Length of piling, minimum embedment into bottom
, material, and minimum loading capacity.
(4) Type and treatment of decking, seats, stringers,
and bumpers.
(5) Type of treatment of wooden piles.
(6) Type of fastenings to be used.
I (7) American Wood Preservative Association Standards
I
where applicable.
(B) These plans shall be reviewed and approved by the ~tty
~~~t~__t Buildinq Division. The ~tty/~~!t~~~t Buildinq Division may
adopt, through administrative policies and procedures, and shall
: review said submittal in accordance with certain minimum design
I standards, which standards may be amended from time to time to reflect
!i acceptable engineering practice.
II Section 7.9.3 Maintenance; Abatement as Nuisance if Unsafe:
II (A) Docks, dolphins, finger piers, and boat lifts shall be
, maintained by the property owner in a safe condition, as determined by
i the department designated by the City Manager.
I (B) A dock, dolphin, finger pier, or boat lift which is
i determined to be in an unsafe condition is declared a public nuisance
I and may be abated in accordance with the provisions of subsection~
! J~~J7~/t~t~~W~/J~~J7~ 102.5 in the Standard Buildinq Code.
I
i
i - 2 - Ord. No. 40-95
1
!
I
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,
Section 7.9.4 Modification of Standards for Approval; Appeals:
(A) Upon the recommendation of the ~t~y/~~wt~~~t Buildinq
Official, the Commission may authorize a modification in the standards
I for approval as set forth in various subsections of this Article 7.9,
I if it is determined that the requirements of these sections would not
be feasible or would constitute hardship in a particular instance, and
I provided that a modification would not endanger public safety and
welfare.
I (B) Should the ~t~y /~~wt~~~t Buildinq Official recommend
II against any request for modification of the standards for approval as
I set forth herein, the applicant shall have the right to appeal that
i decision of the 'l-t~y /~Ji~;t:Ji~s'-t Buildinq Official to the 'I-~lJ\lJ\;t:)!l)!l;t:~Ji
,
, Board of Adiustment, by filing a written request to the City Manager
I
I within ten days after the decision of the ~I-"ty /J:JiSI-Jis'-s'-t Buildinq
Official. The ~~lJ\lJ\;t:)!l_I-~Ji Board of Adjustment shall conduct a hearing
i on the appeal at a regular or special ~~lJ\lJ\t__;t:~~ Board of Adjustment
I
I meeting and shall render a decision within a reasonable time after the
I
I hearing.
i
I
i DOCKS
,
I
Section 7.9.5 Standards for Approval: A dock may be permitted
subject to the following conditions:
(A) A dock, exclusive of dock pilings, shall not project
more than five feet into a waterway from the property line or seawall
or bulkhead or seawall cap, whichever is nearest to the waterway. In
no case shall the dock extend more than eight feet beyond the property
line.
I
I
I (B) When ~~~ plot frontage exists along a body of water ;t:_
I
I 1~~ /ts'-s'-~ /~t / l-s'-__, only one dock is permitted. The dock shall not
I extend ~ closer than ten feet to the property line of adjacent
i property or the distance established for the side yard setback,
whichever is greater.
l~l / /'~~Ji /"t~_ /Pl-~~ /tt~Ji"t;.W_ /;.l-~JiW I;' /'YJ~~y /~t /'/I;.~_t /_tst__~_
1~~/t__t/I-~/l-_Jist~,/;./~~st~/_~;.l-l-/Ji~t/_t"t_Ji~/stl-~__t/t~;.Ji/~,/t__t/"t~/t~_
pt~p_t"tY/l-I-Ji_/~t/;.~~;.st_Ji"t/pt~p_t"tYI
(~C) At least one ladder extending from the dock surface to
two feet below the mean low waterline shall be provided for each dock.
- 3 - Ord. No. 40-95 I
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._."._--...~._. ".- .. - ,- "'''-''''.-._.~'- .- -. ,~- .~ _., ~_.__..,,~ ~'__"._..~r~ ~"'-"'-'~". .---. -.-......._.- -- .,~- .. -.-
" _.,~,~ -,_,--,-,"-'"
i
I Section 7.9.6 Additional Requirements Where Over 50 Feet in Aggregate
i Length: A dock or t~~/~t/~~t~ combination of docks serving the same
I property and exceeding 50 feet in aggregate length shall be provided
II with the following facilities:
'I (A) At least one sewage pumpout connected to the City
II sanitary system.
'I (B) One potable water hose bib and one electrical outlet
I for each 25 feet of dock length or major fraction (over 50%) thereof
I or for each boat where the design of the dock, finger piers, or
il
i: dolphins clearly indicates a specific number of boats to be moored.
1\
Ii (C) At least one ladder for each 50 feet of dock length or
II
II major fraction (over 50%) thereof extending from the dock surface to
II two feet below the mean low waterline. Where two or more docks serve
" the same property, at least one ladder shall be provided for each
"
il dock.
I, DOLPHINS
L
I Section 7. 9. 7 Standards for Approval: Dolphins may be installed in
i
i conjunction with docking and mooring facilities subject to the
I following conditions:
(A) No dolphin shall be permitted when the waterway is less
than 80 feet in width.
(B) For waterways 80 feet in width to 100 feet in width, a
minimum clear width of 50 feet of waterway channel shall be
maintained, and dolphins shall be permitted and may be installed up to
20 feet from the extended property line or seawall or bulkhead,
whichever is nearer to the waterway.
(C) For waterways greater than 100 feet in width, the
maximum distance a dolphin may be installed shall be 25 feet from the
extended property line or seawall or bulkhead, whichever is nearer to
the waterway.
(D) J2J~;rlP~t~li /li~_;r;r /~~t /lzS~ /t~lit_;r;r;fji /t~ /_~t /lzS~fjit /~t /'II_t~t
~;r~~;t/t~_~/~,/t;;t/tt~~/t~;/;~t;~~;~/lPt~lP;tty/~t~;J For purposes of
this division, an extended property line shall mean the extension into
the water of a plot line intersecting the property line along the body
of water if the extension forms right angles with the property line
along the water. ~t~;t'IItli;'/t~;/;~t;~fji;fji/lPt~lP;ttt/;rt~;/li~_;r;r/~;_~/_
;rt~;/;~t;~~t~W/~~t~/_/lzS~~y/~t/'II_t;tl_tlt~w~t/_~W~;li/t~It~;/lPt~lP;tty
;rt~; I_;r~~w It~; IlzS~~y /~f. 1'II_t;t /f.t~~ /t~; /lP~t~t I~f. / ;i'.~t;tli;~t;i'.~~ /~f. /t~;
lP;r~t/;r;i'.~;1 When the property line along the body of water is curved,
- 4 - Ord. No. 40-95
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-,.. - -_.'-' '. .- -. -,'-'. -- . -.-..- _.~
1 the extended property line shall mean a line extended into a body of
water at right angles to the tangent of the curve at the point of
Ii intersection with the plot line.
II (E) Dolphins shall be constructed of preservative-treated
II piling with a minimum butt dimension or diameter of ten inches. A
II dolphin shall be of sufficient length so that after being driven it
II will extend not less than six feet nor more than eight feet from the
i water level at mean high tide. All dolphins shall have a
I reflectorized band approximately two feet below the top of the piling.
: ~ FINGER PIERS
'I
I: Section 7.9.8 Standards For Approval: The conditions for
Ii
II installation and location of finger piers shall be the same as
specified for dolphins.
Ii
i' Section 7.9.9 Distance Between Piers: The distance between finger
Ii
piers shall not be less than 25 feet.
I
I, Section 7.9.10 Additional Requirements Where Dockage For Two Or More
fl
Boats provided: Where finger piers are permitted and docking
I' facilities are provided for two or more boats, the following
i facilities shall be provided:
f(
;: (A) connected the
! At least one sewage pumpout to City
sanitary sewer system.
I:
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II (B) One potable water hose bib and one electrical outlet
for each 25 feet of dock length or major fraction (over 50%) thereof
"
" or for each boat where the design of the docks and finger piers
Ii
I, clearly indicates a specific number of boats to be moored.
II
I' (C) At least one ladder for each 50 feet of finger pier
I length or ma j or fraction (over 50%) thereof, extending from the dock
I
I
ii surface to two feet be low the mean low waterline. Where two finger
1I piers or more are on the same property, at least one ladder shall be
I provided for each finger pier.
BOAT LIFTS
I
1\ Section 7.9.11 Standards For Approval: A boat lift may be permitted
subject to the following conditions:
"
"
Ii (A) The boat lift in a raised position shall not extend
,. than ~~~ twenty feet ~y~t iJl:t& the waterway from the property
Ii more
"
Ii line or seawall or bulkhead, whichever is nearer to the waterway.
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I Ord. 40-95
I - 5 - No. I
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I
(B) When t~; plot frontage exists along a body of water ~~
.l~~ /f.;;t /f/Jt /1.;~~, only one boat lift is permitted. The boat lift
I shall not extend ~ closer to the adjacent property line than ten
I feet tf/J/t~;/~tf/J~;ttt/1.t_;/f/Jf./~~'~~;_t/~tf/J~;ttt or the building side --
I setback. whichever is qreater.
I ltJ.J / /Jf~;_ /t~; /~1-(Jt /f.t(J_t~w; /~1-(J_W /~ /)j(J~t /f/Ji /'P;.t;t /;~~;;~~
i .l~~/f.;;t/t_/1-;_wt~I/;./)jf/J~t/1.tf.t/.~;.1.1-/_(Jt/;~t;_~/~1.(J~;t/t~;._/~~/f.;;t
I t(J/t~;/~t(J~;ttt/1-~_;/f/Jf./~~';.~;_t/~t(Jp;tttJ
I Section 2. That Title XV, "Building Regulations", Chapter
i
I 150, "Docks, Dolphins, Finger Piers, and Boat Lifts II , of the Code of
I Ordinances of the City of Delray Beach, Florida, be, and the same is
i hereby repealed in its entirety.
I Section 3. That all ordinances or parts of ordinances in
i
I conflict herewith be, and the same are hereby repealed.
I Section 4. That should any section or provision of this
I ordinance or any portion thereof, any paragraph, sentence, or word be
i
I
I 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.
I
" Section 5. That this ordinance shall become effective
li
Ii immediately upon passage on second and final reading.
Ii PASSED AND ADOPTED in regular session on second and final
II
\I reading on this the 8th day of August 1995.
Ii ,
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"
I,
ji
" ATTEST:
i,
II ObYmiIMM1 JIn,*-
'\
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I ~ City ~rk
II
First Reading July 11, 1995
ii Second Reading August 8, 1995
II
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II - 6 - Ord. No. 40-95
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1t1 {
SUBJECT: AGENDA ITEM i 10 D - MEETING OF AUGUST ..r: 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 41-95
~(AMENDMENTS TO GENERAL EMPLOYEES PENSION PLAN)
DATE: JULY 26, 1995
This is second reading and public hearing for Ordinance No. 41-95
which amends Chapter 35 of the City Code concerning the General
Employees Pension Plan. The modifications are outlined in the
attached memorandum from the City Attorney.
At first reading on July 18, 1995, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 41-95 on second and final
reading.
p~ 1/,,0
ref:agmemo15
OK.
RECEIVED fft/
[ITV OF DELRAV BEA[H JUL , , 1995
CITY M~,'" --..'....
. , f'lr:FICE
CITY AnORNEY'S OFFICE Writer's Direct Line: (407) 243-7091
200 NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
DELRA Y BEACH
F lOR I 0 " MEMORANDUM
~
AI~America City
, ~ III! DATE: July 10, 1995
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance - Amendment to the General Employees Pension Plan
The attached ordinance modifies the General Employee Pension Plan in the following
respects:
1. The term "credited service" is modified to include an exception for the Uniform
Services Employment and Reemployment Act of 1994, to comply with Federal Law.
2. Subsection (k) of Section 35.097 regarding commencement of benefits which was
later determined not to be required by Federal Law is repealed.
3. The ordinance clarifies that the minimum monthly normal retirement of $400 a
month applies to participants with ten or more years of credited service.
4. Section 35.105(c)(3) is modified to clarify the General Employees Pension
Committee's authority to invest funds.
5. Deletes outdated reference to "Trustees". As with most City pension plans, the
investments will be handled based on the recommendations of professional
investment advisors, rather than a corporate trustee. This change also provides that
the funds will be invested according to policies adopted by the Committee and
approved by the City Commission.
By copy of this memorandum to David Harden, City Manager, our office requests that
. ance be placed on the City Commission July 18, 1995 agenda for frrst reading.
S i
Attachme
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Director of Finance
@ Printed on Recycled Paper
.
f I
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-, ~.. -".
ORDINANCE NO. 41-95
I'
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I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPfER 35, "EMPLOYEE
I POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF
II ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY
II AMENDING SUBSECTION (C), "CREDITED SERVICE", OF SECTION
" 35.089, "DEFINITIONS" ; REPEALING SUBSECTION (K),
II
"COMMENCEMENT OF BENEFITS" , OF SECTION 35.097,
I' "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT";
'I AMENDING SECTION 35.098, "SUPPLEMENTAL RETIREMENT
I!
II INCOME AND MINIMUM BENEFITS"; AMENDING SECTION 35.105,
'"
"ADMINISTRATION BY RETIREMENT COMMITTEE"; CLARIFYING
Ii THE INVESTMENT AUTHORITY OF THE RETIREMENT COMMITTEE;
II
1 ~ AMENDING SECTION 35.106, "TRUST FUND AND TRUSTEE";
Ii
I' PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTNE DATE.
Ii
ij
II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
,\
Ii DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Ii
11 Section 1. That Subsection (C), "Credited Service", of Section 35.089, "DefInitions", of the
Ii
ii Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Ii
Ii Section 35.089 DEFINITIONS.
I!,
P
II (C) "Credited service" means the period of continuous City employment from the employee's most
'I recent date of hire to the date of termination of City employment up to a maximum of thirty (30) years, except
II as otherwise provided in Sec. 35.093 of this subchapter. and the Uniformed Services EmplQyment and
'I Reemployment Riihts Act of 1994. as amended from time to time. Credited service shall include all periods of
paid leave, and unpaid leave up to and including thirty (30) days in any calendar year. Unpaid leave in excess
I
of thirty (30) days in any calendar year shall be excluded from credited service, eXcq>t as otherwise required by
the Uniformed Services Employment and Reemployment Riihts Act of 1994. as amended from time to time.
I
i Section 2. That Subsection (K), "Commencement of BenefIts", of Section 35.097, "Retirement
II
II Income; Basis, Amount and Payment", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby repealed, and the subsequent subsections of Section 35.097 are relettered accordingly.
II
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A_~_ _ .. "'.-""- --
- - - . .-.
I Section 3. That Section 35.098, "Supplemental Retirement Income and Minimum Benefits," is
amended to read as follows:
I
I'
.,
I'
I Section 35.098 SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS.
I
I Effective as of January 1, 1993, all participants employees or beneficiaries of participants employees
1
I
I
I who were receiving benefits under the plan prior to January 1, 1991, shall have the monthly amount of
I retirement income increased by five percent (5 %) over the gross amount they were receiving in December of
i
I 1990. Provided, however, that all employees participants with ten (10) or more years of credited service. and
I
I
[I designated beneficiaries of such participants who receive plan benefits that are based on or derived from a ~
1\ participant's normal retirement income, regardless of the participant's retirement date, shall receive benefits
it
i; based on a minimum monthly normal retirement income amount of at least $400.
lr
/I
I! Section 4. That Section 35.105, "Administration By Retirement Committee," of the Code of
I: Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
I
I Section 35.105 ADMINISTRA nON BY RETIREMENT COMMITTEE.
I
1
I
I (1) The plan will be administered by the Retirement Committee (herein referred to as the
I (A)
I Committee) appointed by the City Commission, consisting of a chairperson and four additional members. Each
II
I. member may, but need not, be an official or employee of the city, and each member shall be appointed by the
I'
II City Commission to serve until a successor is appointed in like manner.
I'
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"
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/I (2) An individual member of the Committee may resign by delivering his written resignation
Ii
II to the City Commission and to the other members of the Committee. The City Commission may remove an
" individual member of the Committee by so notifying the member and other Committee members, if any, in
"
I! writing. Vacancies on the Committee shall be fIlled by City Commission appointment.
I
~ \
I: (B) The Committee may appoint a secretary who may, but need not, be a member of the Committee.
11
Ii The city shall employ or retain any agents, clerical and other services, legal counsel, accountants, investment
'I
1 counselors, and actuaries, as may be required to administer the plan.
I
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;, 2 ORD NO. 41-95
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(C) Action by Committee.
I
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I
11 (1) A majority of the members of the Committee shall constitute a quorum for the transaction
II of business and shall have full power to act hereunder.
II (2) Committee meetings shall be noticed and open to the public. Meetings shall be conducted
i in accordance with rules adopted by the Committee, or by Roberts Rules of Order if the Committee bas not
I adopted rules. Minutes of all meetings of the Committee and a record of any action taken by the Committee
i
I shall be kept in written form and such record shall be kept by the secretary appointed by the Committee.
Ii
'I Official Committee action shall be by majority vote of a quorum of the Committee.
I (3) The Committee may invest and reinvest the assets of the retirement trust fund in any
I
I investment in which assets of the Florida Retirement System may be invested pursuant to Section 215.47.
I Florida Statutes. as that statute may be amended from time to time. or in accordance with written investment
,}
II policies adopted by the Committee and approved by the City Commission. The committee may retain such
I' professional consultants. advisors and investment manaiers as it deems advisable to can:)' out its responsibilities
,I under this section. shall gi'le to the tmstee aDY order, Elir<<tiofl, eOllSeflt, !ar adviee, reElUired 1:Hlder the terms of
II the tnlst agFeemeflt, aDd the tnlstee shall be emit-led to rely OR any mstrlm1eRt delivered to it aDd sigfled 13y the
II seer-etary or my a1:lth!ar~ed mem13er !af the C01mmttee as evideflCiBg the ae-ti!afl of the Committee.
II (4) A member of the Committee may not vote or decide upon any matter relating solely to
, that member, or vote in any case in which the member's individual right or claim to any benefit under the plan
I
I
I is involved. If a Committee member is required to abstain and the remaining members of the Committee are
I unable to decide the matter, the City Commission may appoint a temporary substitute member to the
i Committee.
II
,I
,I
Ii (D) The Committee shall have the authority to make those rules and regulations and to take any
Ii action as may be necessary to carry out the provisions of the plan and will, subject to the provisions of the plan,
I decide any questions arising in the administration, interpretation, and application of the plan, which decisions
I shall be conclusive and binding on all parties. The Committee may delegate administrative, clerical,
Ii professional and other plan-related functions as it deems necessary and prudent.
I
(E) In order to effectuate the purposes of the plan, the Committee shall have the power to construe
the plan, to supply any omissions therein, to reconcile and correct any errors or inconsistencies, and to make
equitable adjustments for any mistakes or errors made in the administration of the plan.
I 3 ORD NO. 41-95
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_.- _. ~,......_-, .-....-
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(F) No member of the Committee shall be liable for any loss unless resulting from that member's
fraud or willful misconduct, and no member shall be personally liable upon or with respect to, any agreement,
act, transaction, or omission made in good faith as a member of the Committee. No member of the Committee
I shall be liable for the actions of other members, or the actions of any agent, representative, or employee of the
I Committee. The Committee and any individual member of the Committee and any agent thereof shall be
entitled to rely on the advice of professional consultants and advisors employed or retained by the city,
I
!I including but not limited to attorneys, accountants, investment advisors and actuaries.
(G) (1) The actuary will do any technical and advisory work as the city may request, including
I' analysis of the experience of the plan from time to time, the preparation of actuarial tables for the making of
I'
Ii computations thereunder, and the submission of an actuarial report as of the anniversary date of the plan each
II year to the city and the Committee, which report shall contain an actuarial valuation showing the fmancial
condition of the plan, a statement of the contributions to be made by the city for the ensuing year, and any other
II infonnation as may be required by the Committee.
,I (2) The actuary shall be appointed by the city to serve as long as it is agreeable to the city
:1
II and the actuary. In computing benefits to which a participant may be entitled upon early retirement, upon the
,I
.:
, exercise of optional forms of retirement income, or upon termination of the plan, and in all other instances in
I
i which actuarial computations are required, the actuary shall use those assumptions of mortality and interest rates
i as were employed in the most recent actuarial valuation of the plan, or, at the option of the Committee, those
I assumptions as are decided upon jointly by the actuary and the Committee as being reasonable at the time the
I,
I: calculations are made. The actuarial assumptions and the computations made therefrom adopted by the
'I
Ii
Ii Committee shall be conclusive and binding on all persons. The Committee, city and trustee shall not be liable
for any mistakes or errors in any computations made in good faith.
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ii (H) The plan will be construed, enforced and administered according to the laws of the State of
ft
i: Florida.
,
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I
i Section 5. That Section 35.106, "Trust Fund and Trustee", is hereby amended to read as
II
: ~ follows:
II
Section 35.106 TRUST FUND JL~ TRUSTEE.
I
! (A) Fer the fR:ll"Pese ef this seeMen, a "TRUSTEE" shall mean the trustee appointee by the eity te
I
,I administer the Tmst F1:HKl ereated for the fH:lff)eses ef the plaB or aBY other trnstee as the city may designate
I
I frem time to time.
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I
i 4 ORD NO. 41-95
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(R) A Trust Fund will be created and maintained for the purpose of the plan, and Trust Fund assets
shall will be invested in accordance with investment policies adopted by the Committee and awroved by the
City Commission or tlie trustee, with the Commiuee's awro.val. All contributions will be paid into the Trust
! Fund, and all plan benefits under the plan will be paid from the Trust Fund.
(BG) Any person having any claim under the plan will look solely to the assets of the Trust Fund for
satisfaction. In no event will the city or any of its officials, employees, Commissioners, or agents be liable in
their individual capacities to any person whomsoever, under the provisions of the plan or of the trust agreement.
(C1)) The Trust Fund will be used and applied only in accordance with the provisions of the plan, to
provide the benefits thereof, and no part of the corpus or income of the Trust Fund will be used for, or diverted
II to, purposes other than for the exclusive benefit of participants and other persons entitled to plan benefits,
except to the extent provided in Sec. 35.096 and Sec. 35.109 of this subchapter with respect to expenses of
" administration and termination of the plan, respectively.
Section 6. That should any section or provision of this ordinance or any portion thereof, any
I 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 part thereof other than the part declared to be invalid.
,
Section 7. That this ordinance shall take effect ten (10) days after second and final reading.
i
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! PASSED AND ADOPTED in regular session on second and final reading on this the 8 th day of
August ,1995. MA'@1-~
I
Attest: &~'I!Ij1"'j.;//~ IImdy
I
I City Clerk
I First Reading: July 18, 1995
Second Reading: August 8, 1995
,
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I 5 ORD. NO. 41-95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [JJt1
SUBJECT: AGENDA ITEM # J:2.. A . - MEETING OF AUGUST 1. 1995
ORDINANCE NO. 42-95
DATE: JULY 28, 1995
This is first reading of Ordinance No. 42-95 annexing to the City
a 94.14 acre parcel of land known as Blood's Grove Orchard. The
subject property is located on the south side of Linton Boule-
vard, east of Military Trail. .
The Planning and Zoning Board considered this item at its meeting
of July 17, 1995, and unanimously recommended approval of the
annexation request on a 6 to 0 vote, subject to positive findings
with respect to the following: that the property is contiguous,
reasonably compact and does not create an enclave, and that
services will be provided to the property in a manner similar to
other similar properties within the City.
Zoning will be forthcoming upon receipt of the legal descriptions
from the applicant.
Recommend approval of Ordinance No. 42-95 on first reading. If
passed, public hearing on kugu~L 1~95.
S'i:Pr. S /995
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~~ L/-O
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ORDINANCE NO. 42-95
--
AN ORDINA~CE OF THE CITY COMMISSION OF THE CITY OF -
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S GROVE
ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST
OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
.
.
WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J.
Blood are the fee-simple owners of a parcel of land as more
particularly described herein; and
WHEREAS, Donaldson E. Hearing, Cotleur Hearing, as the
authorized agent for the fee-simple owners as hereinabove named, has
requested by petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
- -
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
"
Commence at the West Quarter Section Corner of said -
Section 25; thence North 89 degrees 09' 57" East, ~
%
along the East-West Quarter Section Line of said -,
Section 25, 40.00 feet to the Point of Beginning;
thence North 0 degrees 59' 57" West, along line .
a
u_
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40.00 feet East of and parallel with the West line of
said Section 25, 336.22 feet; thence North 89 degrees -
09' 13" East, along the North line of the South Half --
(S 1/2) .of the Southwest Quarter (SW 1/4) of the -
Southwest Quarter (SW 1/4) of the Northwest Quarter -
:
(NW 1/4) of Section'25, 632.92 feet; thence South 1 -
degree 0 l' 13" East, along the East line of the South
Half (S 1/2) of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of the Northwest Quarter ~
-
(NW 1/4) of Section 25, 336.36 feet; thence North 89 ..
.
degrees 09' 57" East, along the East-West Quarter
Section Line of Section 25, 673.04 feet; thence North
1 degree 02' 29" West, along the West line of the ..-
East Half (E 1/2) of the Northwest Quarter (NW 1/4) . :;
of Section 25, 2692.01 feet to the North line of . -
,
Section 25 ; thence North 89 degrees 04' 03" East,
along the North line of Section 25, 892.98 feet to :::1-
.
the Southerly right-of-way line of Germantown Roadi
thence South 69 degrees 35' 37" East, along said -.
i
Southerly right-of-way line, 317.32 feet; thence :J
South 20 degrees 24' 23'1 West, 110.00 feeti thence .'
South 69 degrees 35' 37" East, 62.80 feet; thence
South 88 degrees 52' 27" West, 50.28 feet; thence
South 1 degree 07' 33" East, 197.79 feet; thence
South 43 degrees 52' 27" West, 212.13 feet; thence -,
South 1 degree 07' 33" East, 360.00 feet; thence f
South 88 degrees 52' 27" West, 100.00 feet; thence
South 1 degree 07' 33" East, 726.00 feet; thence
North 88 degrees 52' 27'1 East, 600.00 feet to the
West line of the Plat of FOXE CHASE according to the .-
Plat thereof recorded in Plat Book 38, Pages 1 and 2
of the Public Records of Palm Beach County, Florida;
thence South 1 degree 07' 33'1 East, along said West ,
line, 1021. 08 feet to the East-West Quarter Section ,
'!
Line of Section 25; thence South 89 degrees 09' 57" --
West, along said East-West Quarter Section Line,
837.00 feet to the Northwest Corner of the Northeast
Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of
the Southwest Quarter (SW 1/4) of Section 25; thence
South 1 degree 03' 45" East, along the West line of
the Northeast Quarter (NE 1/4) of the Northeast -
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
Section 25, 89.33 feet to the Northeast Corner of the
Plat of DEL-AIRE GOLF CLUB SECOND ADDITION, as
recorded in Plat Book 39, Pages 66 and 67 of the
Public Records of Palm Beach County, Floridai thence
Southwesterly and Westerly along the arc of a curve )
- 2 - Ord. No. 42-95
, -
-
concave Northerly with a radius of 685.00 feet, _a
central angle of 78 degrees 21' 26" and a line to the
radius point of said curve bearing North 62 degrees
11 ' 42" West, 936.80 feet; thence North 73 degrees .-
50' 16" West, 223.46 feet to a point of curvature of -
a curve concave Southerly with a radius of 685.00
feet and a central angle of 6 degrees 43' 38" ; thence ~
Westerly, along the arc of said curve, 80.43 feet; ~
thence North 80 degrees 33' 54" West, 268.51 feet to -
. -
a point of curvature of a curve concave Southerly -
with a radius of 685.00 feet and a central angle of
20 degrees 22' 20" ; thence Westerly, along the arc of
said curve, 243.56 feet; thence South 79 degrees 03' . -
46" West, 384.56 feet to a line 40.00 feet East of ."' -.:
and parallel with the West line of Section 25; thence -
North 0 degrees 59' 57" West, along said parallel ~
line, 351.07 feet to the said Point of Beginning.
,
Containing 94.14 acres, more or less. -
"
Section 2. That the boundaries of the City of Delray Beach, ;..
Florida, are hereby redefined to include therein the above-described
parcel and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
.W
.:.
-
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges, -
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
i.ncluding the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter ..
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
.
.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for -
such roads, alleys, the like, unless otherwise specifically .
or
initiated by the City pursuant to current requirements and conditions. ~
;
Section 5. That all ordinances or parts of ordinances in -
conflict herewith be, and the same are hereby repealed.
-
Section 6. That should any section or provision of this ,.
ordinance or any portion thereof, any paragraph, sentence or word be .
declared by a court of competent jurisdiction to be invalid, such .
-.
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid. !
- 3 - Ord. No. 42-95 :
.
-
;
---
Section 7. That this ordinance shall become effective
immediately upon pa~sage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAY 0 R
ATTEST:
City Clerk .
.
First Reading
Second Reading
.
- ,-
--
- .
-
. .
- -
-
- 4 - Ord. No. 42-95 i
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~bki~niR~~
~RTMENT OF PLANNING AND ZONING
~~~
FROM: PAUL DORLlNG, P I CIPAL PLANNER
SUBJECT: MEETING OF AUGUST 1, 1995
ANNEXATION OF 94.14 ACRES KNOWN AS BLOODS GROVE
ORCHARD.
ACTION REQUESTED OF THE COMMISSION: .
The action requested of the City Commission is aooroval of an annexation
request for 94.14 acres known as the Bloods Grove Orchard. The subject
property is located south of Linton Boulevard and east of Military Trail.
BACKGROUND:
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use
Map Amendment (94-1) for 94 acres (balance of Bloods Grove) from County
MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low
Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space).
These proposed designations would have allowed a maximum of 680 units. The
accompanying development plan propqsed 250 apartments and 375 attached
single family units (total of 625 units). The Planning and Zoning Board had
concerns over the proposed intensity. The Board recommended the proposal be
modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres
Transitional, and 4 acres of Open Space. Under this scenario a maximum unit
count of 519 units would have been allowed. The City Commission heard the
request on May 17, 1994 and voted not to transmit the amendment, citing
concerns over the overall density of the proposal .
On April 17, 1995 the Planning and Zoning Board considered a Future Land
Use Map change for the same 94 acres from the County Land Use Map
designation of MR-5 to City designations of 51 acres of Low Density, 29 acres of
Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The
zoning designations accompanying the FLUM amendment allows a maximum of
496 units and low intensity commercial uses. The FLUM amendment which
was part of 95-1 was recommended for approval. On May 2, 1995 the City
Commission approved transmittal of the request to DCA, This associated Future
Land Use Map change will be before the City Commission for final adoption
simultaneously with this annexation request.
City Commission Documentation
Annexation request Bloods Grove
Page 2
The initial zoning request .for the property will be before the Commission at its
next meeting and will include designations of PRD-5 (Planned Residential
Development - 5 units per acre) for 51.25 acres, RM-B (Residential Medium
Density - B units per acre) for 29.09 acres, OS (Open Space) for 3.92 acres,
SAD (Special Activittes District) for 9.84 acres. The reason for separating the
annexation and zoning in this case is to allow the annexation to occur at the
same time as the adoption of the land use changes, which are part of
Amendment 95-1. The rezoning is being delayed pending preparation of legal
descriptions for each of the four districts. The current County zoning
designation of AR (Agricultural Residential) will be in force until the adoption of
the City zoning designations.
PLANNING AND ZONING BOARD CONSIDERATION:
.
The Planning and Zoning Board considered this item at its meeting of July 17,
1995. At the public hearing one resident from the Bel Aire subdivision spoke
(Steve Freedman) inquiring as to the location of the future access on Military
Trail. The Del Aire community indicated by way of a letter from their attorney
that they support the request. The Board unanimously recommended approval
of the annexation and zoning on a 6-0 vote (Carolyn Young absent).
RECOMMENDED ACTION:
By motion, approve the annexation request for 94.14 acres of Bloods Grove
subject to positive findings with respect to the following:
. That the property is contiguous, reasonably compact and does not create an
enclave; and,
. That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
* Planning and Zoning staff report
S:\PLANNI\DOCUME\BLOOD5.DOC
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 17, 1995
AGENDA ITEM: V.B.
ITEM: Annexation & Initial Zoning of PRD-5, RM-8, OS, &,SAD Districts
for Bloods Hammock Groves.
GENERAL DATA:
Owner.................................................... Norman W. Blood and
Estate of Carolyn J. Blood
Applicant............................................... Donaldson E. Hearing
Cotleur Hearing
Location.........................................,....... South side of Linton Boulevard,
east of Military Trail.
Property Size......................................... 94.14 acres
Land Use Map Designation.................... Transitional
County Zoning Designation....................AR (Agricultural Residential)
Proposed Zoning Designations.............. PRD-5 (Planned Residential Development)
SAD (Special Activities District), OS
(Open Space) and RM-8 (Multiple Family
Residential)
Adjacent Zoning............................North: CF (Community Facilities), RM-10 (Multiple
Family Residential), OS (Open Space) and
RL (Multiple Family Residential)
East: RS (Single Family Residential - PBC), OSR
(Open Space and Recreation), A (Agricultural),
and CF
South: R-1-AA (Single Family Residential) and OSR
West: POC (Planned Office Center), RM-10, CF, RS/SE
(Single Family Residential - PBC),
Existing Land Uses................................ Existing commerclal orange grove.
Proposed Land Uses..............................Annexation and initial zoning for a 94.14 parcel -
proposed for 51.25 acres of PRO, 29.09 acres of
RM, 9.84 acres of SAD, and 3.96 acres of OS.
Water Service........................................ Existing 12. water main In Germantown Road
right-of-way. Existing 10. water main in Linton
Boulevard. Existing 12. sewer main serving the
Blood's Grove Elementary School
Sewer Service........................................ Existing 8. sewer main serving the Blood's Grove
Elementary School tied into an existing lift station
on site.
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The action before the Board is that of making a recommendation on an
annexation and initial zoning request to PRD-5, RM-8, SAD, and OS for 94.14
acres known as the Bloods Grove Orchard.
The subject property is located south of Linton Boulevard and east of Military
Trail.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to annexation and
zoning of property within the City's Planning Area.
.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 111 acre Bloods Grove site was given
advisory designations as follows: 40 acres Medium Density Residential, 40
acres Low Density Residential, 17 acres Community Facilities, 10 acres
Commercial Core, and 4 acres Open Space. The 17 acres of Community
Facilities was intended to accommodate a future elementary school site,
neighborhood park, and fire station in the southwest portion of the City. On
November 26, 1991 the City annexed 1.808 of the 111 acres, at the northeast
corner of the property via Ordinance 76-91. The 1.808 acres consisted of an
access easement as well as a temporary and permanent fire station site. The
temporary fire station was placed on the site while the permanent fire station was
constructed. Fire station # 5 has since been completed and the temporary
station removed.
In April, 1993, an annexation petition, Future Land Use Map amendment and
initial zoning request to accommodate a 10 acre elementary school site on the
Taheri property adjacent to Bloods Grove was submitted. Before those actions
were formally processed, the School Board reconsidered that location and
instead chose a 10 acre site in the northeast portion of Bloods Grove. As a part
of the School District's purchase contract the City is to locate a municipal park
contiguous to the school site.
0
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 2
In April, 1993 the owners of Bloods Grove granted agency to the City for the
processing of an annexation petition and all land development applications
necessary to accommodate a 10 acre elementary school (School Site S) and 6
acre municipal park. The change in land use from MD (Medium Density
Residential) to CF (Community Facilities) was processed with Land Use Plan
Amendment 93-2. The related annexation and initial zoning were approved by
City Commission on March 22, 1994. The Conditional Use request to establish
the school was approved by City Commission at its meeting of April 5, 1994. On
April 8, 1994 the sale of the school site to Palm Beach County School Board
and the park site to the City was consummated. The school site is now under
construction and the park site is slated for future development.
.
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use
Map Amendment for 94 (balance of Bloods Grove)acres from County MR-5 to
City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density),
10 acres CC (Commercial Core), and 4 acres OS (Open Space). These
proposed designations would have allowed a maximum of 680 units. The
accompanying development plan proposed. 250 apartments and 375 attached
single family units (total of 625 units). The Planning and Zoning Board had
concerns over the proposed intensity. In addition several members were
concerned with the relocation of the Commercial Core designation from the
center of the site to Linton Boulevard. The Board recommended the proposal be
modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres
Transitional, and 4 acres of Open Space. Under this scenario a maximum unit
count of 519 units would have been allowed. The City Commission heard the
request on May 17,1994 and voted not to transmit the amendment, citing
concerns over the overall density of the proposal .
On April 17, 1995 the Planning and Zoning Board considered a Future Land
Use Map change for the same 94 acres (balance of Bloods Grove) from the
County Land Use Map designation of MR-5 to City designations of 51 acres of
Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres
of Transitional. This amendment which was part of 95-1 was recommended for
approval. On May 2, 1995 the City Commission approved transmittal of the
request to DCA. This associated Future Land Use Map change will be before
the Planning and Zoning Board and City Commission for final adoption
simultaneously with this annexation and initial zoning request. The related
annexation and initial zoning for the 94 acre site is now before the Board for
action.
,
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 3
The request is for voluntary annexation of 94.14 acres and the application of the
following four initial zoning districts:
* PRD-5 ( Planned Residential Development -5 units per acre) -51.25 acres
- Maximum 258 sq.ft. units
* RM-8 (Residential Medium Density - 8 units per acre) - 29.09 acres-
Maximum of 234 multi-family units
* OS (Open Sp'ace) - 3.92 acres
* SAD (Special Activities District) - 9.84 acres
.
The Open Space district will accommodate an existing hammock environment
which is to be preserved. Under the SAD zoning designation the following
specific uses are requested;
. Thirty-three thousand and five-hundred (33,500) sq.ft. of Citrus Packing
House and related office and retail uses (floral, fruit sales, gifts, and juice bar)
subject to a maximum retail component of 10,700 sq.ft.
. Additional retail sales such as convenience foods; household supplies;
garden and lawn supplies; drugs and medicine; small appliance sales and
repairs; baked goods; delicatessen goods, subject to a maximum of 5,000
sq.ft. of floor area allocated to a single retail use, or groups of retail uses not
to exceed 20,000 sq.ft. maximum.
. Provision of services such as: barber and beauty shops; dry cleaning limited
to on-site processing for customers pick-up only; dry cleaning and laundry
pick-up stations; financing e.g. banks and similar institutions excluding drive-
through facilities; laundromats limited to self service facilities; equipment
rental; newsstands subject to the maximum area devoted to a single tenant
for service uses not to exceed 2,000 sq.ft. in floor area and the floor area
allocated to groups of service uses not to exceed 10,000 sq.ft. maximum.
. . Up to 7,500 sq.ft. of restaurant use excluding drive-in, drive-through facilities.
. Professional, medical, and general business office uses.
.
. Residential uses as allowed within the RM zoning district.
. A maximum floor area for the combined uses is not to exceed 65,000 sq.ft.
as noted on the accompanying sketch Plan.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 4
A master plan showing the intensity, and general location of buildings,
circulation, parking and perimeter landscape buffers has been provided. - An
alternative approval scenario (i.e. SPRAB versus P&Z) is requested for the
specific site plan, landscape plan, and elevations approval (see discussion later
in this report).
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Florida Statutes Governing Annexations: .
Pursuant to Florida Statute 171.044" the owner or owners of real property in an
incorporated area of the County which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be.annexed through voluntary annexation when such annexation
results in the creation of enclaves".
* The owner of the subject property has petitioned for a voluntary annexation.
* The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. The parcel is contiguous via the
Shadywood subdivision to the north, Del Aire subdivision to the south, and
the Linton Office Center, South County Mental Health Facility and the
proposed Citation Club rental community to the west.
An "Enclave" is defined by Florida Statute 17.1.031 as:
"Any unincorporated improved or developed area that is enclosed within
and bounded by single municipality and a natural or manmade obstacle
that allows the passage of vehicular traffic to that unincorporated area
only through the municipality."
* The annexation of this property will not create an enclave of the Foxe Chase
subdivision to the east as this subdivision by the above definition is already
an existing enclave. Currently the subdivision's access is restricted to
Germantown Road in which all vehicular traffic must first enter the City before
accessing the development.
,
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 5
Consistency with the City's Comprehensive Plan:
The City's current Advisory Future Land Use Map designation for the property is
a combination of Open Space, Commercial Core, Low Density Residential and
Medium Density Residential. This designation is being modified via the Land
Use Amendment request 95-1 to Low Density, Medium Density, Open Space,
and Transitional. The County Land Use Map designation for the property is MR-
5 (Medium Density Residential). The City's FLUM designations will become
effective upon annexation and completion of the City's Plan Amendment 95-1
scheduled for City Commission action at the same meeting as this annexation
and initial zoning proposal.
Designated Annexation Area: This requested annexation is consistent with
Policy B-3.4, of the City's Future Land Use Element which calls for annexation of .
eligible properties. The property is shown within the "designated annexation
area" # 2, east of Military Trail and south of Linton Boulevard.
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
Police:
This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress , which serves the South County Area. The
property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on
the west, Delray Beach City limits on the east, Atlantic Avenue to the north, and
Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift (three shifts per day). Additional response can be mustered from
"Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as
police currently pass the property while patrolling areas of the City to the north,
south, and west of the property.
Fire and Emergency Services:
The annexation of this property will not require additional manpower. The
municipal area is served by Fire Station #5 located immediately east of the
property on Germantown Road.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 6
With annexation the property will receive an improvement in response time from
the current 6 minutes for the County Fire Department (Fire Station #42/ Hagen
Ranch Road near the Turnpike) to approximately 1 minute for the City's Fire
Department ( Fire Station #5 / Germantown Road and Linton Boulevard).
Water:
Water is available to the site from the north (Germantown Road and Linton
Boulevard ) and from the east within the elementary school site. On site
extensions of a 12" water main will be required through the site to tie into water
mains proposed within the Citation Club development (Taheri property) as well
as across the L-37 canal to connect with existing 8" water mains within the Del
Aire subdivision. Along the new mains, fire hydrants must be installed with a .
maximum of 300' spacing.
Sewer:
Sewer service is available from a new 8" main which has been extended from
Linton Boulevard south to the elementary school. With the school development
a new lift station has also been constructed which has been sized to
accommodate future development of this site. Gravity main extensions (8") will
be required with further development of the site.
Streets :
The property has access from both Military Trail to the west and Linton
Boulevard to the north. Access to the existing Bloods Orchard commercial
operation is gained from a new entry built with the newly aligned intersection of
Germantown and Linton Boulevard. Military Trail and Linton Boulevard are
under the jurisdiction of Palm Beach County and the jurisdictional and
maintenance responsibility will not change with annexation.
Parks and Open Space:
As the Planning Area was considered in the development of the Comprehensive
Plan, the act of annexation and applying initial zoning designations consistent
with the advisory land use designations will have no effect on parks and open
space levels of service. It is noted that the zoning designations being sought are
less intense than those considered with the development of the Comprehensive
Plan. Further, as part of this development proposal 4 acres of the site is to be
dedicated as open space to preserve an existing Hammock area.
P &Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 7
Solid Waste:
/
As there is no actual change in land use there will be no change in the existing
solid waste generation at this time. The service provider for the developed
portion (Bloods Orchard commercial operation ) would remain the same (South
County Sanitation) while future site development will have a different provider
as described later in this report.
Financial Impacts:
Impact Upon Annexed Property:
For the 1994 tax year the subject property had an assessed value of $2,662, 205
with an agricultural exemption of $2,185,250 for a total taxable value of
$476,955. With the change from County to City jurisdiction, the following taxes .
and rates are affected:
Ad Valorem Taxes Mileage With annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City of Delray Beach 6.8800 Added (City)
City of Delray Beach 1.0700 Added (C ity)
---
4.9524 difference
* Total tax mileage in the County is 20.1501 mills while in the City the total
millage rate is 25.1020 mills
The current yearly ad valorem taxes are $ 9,610.69 . With annexation the yearly
ad valorem taxes will be $11,972.52; a tax difference of $2,361.83. In addition
to property taxes the following non ad valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. A 25%
discount from the assessment is available as the site is within the Lake Worth
Drainage District and an additional 25% discount is available for the on site
retention system. The estimated annual Storm water Assessment fee for the
existing commercial operation is $919.00 a year. With future development of the
commercial and residential portion of the site the assessment will increase
accordingly.
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 8 -,..
Solid Waste Authority: - This site is currently serviced by South County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 30, 1998. The City's contract is currently through Waste
Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a
contract which is in effect for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term, whichever is
shorter. As the annexation was not initiated within the six month period, the
waste provider for the commercial operation will not change with annexation.
When this current contact expires, the waste provider for this property will be the
current City provider. The out-of-City I in-City rates are anticipated to be
competitive. .
With future development of the balance of the site (residential portion) the
service provider will be the current City provider.
Occupational Licenses: With annexation the existing commercial operation will
be required to obtain City Occupational Licenses in addition to the required
County Licenses. It is anticipated that the juice bar, gift shop and garden shop
will generate $240.00 (current fees), 375.00 (proposed fees) in annual City
license fees.
Resulting impact to property owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 94/95 County $2,361.83
20.1503 to City 94/95 rate
25.1020 mills. (4.9524)
NON AD VALOREM
Stormwater Assessment $ 919.00
Solid Waste Collection $ .00
OCCUPATIONAL LICENSE FEES $ 240.00
TOTAL $ 3,520.83
,
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 9
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from 6.0 minutes
(estimated time) (County) to 1.0 minutes (City).
EMS + Faster response time from 6.0 minutes
(estimated time) (County) to 1.0 minutes (City).
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active versus reactive opportunity to .
work with property owners.
Fiscal Impacts to the City;
At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills,
the property will generate approximately $3,791.79 in new ad valorum taxes
per year. This total increases to $21,164.53 with the removal of the agricultural
exemption. With future residential and commercial development , additional
revenue will be realized through increased assessment value, building permit
and license fees, the annual collection of the Stormwater assessment fees as
well as utility taxes (9.5% electric, 7% telephone) and franchise fees (5.536%
electric, 1 % telephone and 3% cable).
With future development of the residential portions of the property additional
revenues will be generated from per capita reimbursements. The major sources
of per capita revenue are sales tax, cigarette tax, and State Revenue sharing.
J:'::;::; ..:..:::..::...,.....i?:./\ .:......~<t>NIN~.16Itl~$I~~.< : ...C/:?::::'.:::?:<..::.::H::::~
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a
form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate
to the following four areas.
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 10
Future land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The proposed City Future Land Use designation in the related Future Land Use
Map amendment (95-1) is a combination of Low Density, Medium Density, Open
Space and Transitional. The proposed zoning designations of PRD-5, RM-8,
Open Space, and the SAD as described are consistent with these Future Land
Use Map designations.
The list of uses includes those that were specifically requested by the applicant
as well as others that are consistent with zoning districts allowed under the
Transitional Land Use designation (Le. RM, pac, POD and NC). No square
footage restrictions (other than overall SAD maximums) are placed on the .
office or residential uses as these uses are allowed without restrictions under
the POD, POC and RM zoning designations.
The proposed 33,500 sq.ft.of Citrus packing house use includes the
. existing 20,000 sq.ft. of manufacturing, office and commercial components and
an additional 5,000 sq.ft. of related retail, 3,000 sq,ft. of manufacturing and
5,500 sq.ft. of office use.
The proposed restrictions to the service and retail components are generally
consistent with the restrictions outlined under the NC zoning district.The
following differences are noted;
* The Neighborhood Commercial zoning district (NC) restricts retail uses to
a 10,000 sq. ft. total versus 20,000 sq. ft. as requested. This is
appropriate as the overall size of the SAD (10 acres) is larger than the
maximum allowable NC site (2 acres). The applicant has agreed to limit
the maximum square footage per tenant to 5,000 sq.ft. verses the
maximum of 10,000 as allowed under the NC district. This will help
ensure that the resulting retail is a mix of specialty shops, rather than a
larger retail outlet.
* The Neighborhood Commercial District further restricts restaurants to a
maximum of 2,000 sq.ft. per tenant while no such restriction is placed on
the requested 7,500 sq.ft. restaurant use. Again, given the larger size of
the property, and the fact that restuarants are also permitted in the pac
zoning district (with restrictions), the 7,500 sq.ft. is not unreasonable.
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.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 11
The proposal involves the annexation of an existing commercial operation and
orchard. At the time of annexation there will be no change in the manner in
which water, sewer, drainage, solid waste and streets/traffic services are
provided. Fire, Police and EMS will shift to a different provider; all these services
will be equal to or enhanced (see annexation analysis for details).
A traffic study was submitted based upon a development potential of 350 Multi-
family units, 200 single family units and 108,900 square feet of commercial
development. The project is anticipated to generate approximately 7,347 new
daily trips. The traffic study indicates that the residential components of the
project will be built first (through 1996). The retail component will be built after
1996 with a projected build out of 1999. The traffic study shows the need to
phase the timing of the project in accordance with three roadway improvements.
These include:
.
. No building permits for more than 20 single family units or 28 multifamily units
may be issued until improvements to the intersection of Military Trail and Clint
Moore are under construction. The improvement consists of dual left turn
lanes on the north and south approaches. Palm Beach County has the
improvement programmed for this year. This improvement to the intersection
of Military Trail and Clint Moore Road allows the project to be built through
1996. After 1996, Military Trail does not meet Traffic Performance Standards
due to background growth.
. No building permits beyond 1996, or for the retail component may be issued
until the widening of Military Trail between Linton Boulevard and Clint Moore
Road is under construction. This improvement is scheduled for fiscal year
96/97.
The traffic study further shows a need for a left turn lane and right turn at the
project entrance at Linton Boulevard. Additional turn lane improvements may be
required at Military Trail. Further, as the project generates more than 7,000 net
daily trips it is classified as a major project. Major projects require an additional
test (Test 2) to be run by the Metropolitan Planning Organization and final
approval from the Palm Beach County Traffic division can not be issued until the
model run is completed.
With future development of the site a central access roadway is proposed
through the property from Linton Boulevard south to Military Trail. The majority
of this roadway is proposed as a private gated roadway, however, access to the
elementary school site and Linton Boulevard is to be provided for the Citation
Club rental community proposed on the Taheri property. This required access is
indicated as a City collector on the Future Land Use Map and in the
Comprehensive Plan.
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 12
As no development proposal is eminent for Bloods the ability to provide this
connection must be maintained and required of future development. It is
recommended that prior to removing the reference to this connection as a City
C011ector from the Future land Use Map a developers agreement be executed
and recorded between Bloods and the City requiring the desired connection.
This agreement sho~ld be submitted and executed during the platting process at
which time right-of-way dedications and access tracts will be established.
In addition, a collector roadway is proposed extending south from Linton
Boulevard between the City park site and the proposed SAD portion of this
proposal. This collector roadway will provide access to the new elementary
school for both bus and parent traffic. Both of these internal roadways are to be
constructed concurrently with development of the site at the developer's
expense.
.
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): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it . Where existing strip
commercial areas or zoning exists along an arterial street ,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The proposed SAD portion of the initial zoning application is not a strip
commercial zone district. The parcel has a depth of over 1,000 feet and
will have the uses internally orientated. The commercial aspects will
complement the existing Citrus packing house, creating a unique
shopping designation.
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 13 .
The application of specific zoning designations throughout the parcel have
been selected to maximize compatibility with adjacent development. The
Low Density zoning (PRD-5) is proposed along the south and .east
portions of the site adjacent to the low density Foxe Chase and Del Aire
communities. The Medium Density designation of RM-8 is proposed
between the Linton Office Center, South County Mental Health facility and
Citation Club'Rental Community to the west and the proposed SAD parcel
to the east. The SAD parcel is between the proposed RM-8 to the west
and the new elementary school and municipal park site to the east.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(1) (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; and,
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.
As this petition is an initial zoning designation to be applied to property being
annexed the above section does not apply.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Conservation Element Policy 8-2.1: - Submission of a biological survey
and a habitat analysis shall accompany land use requests for...rezonings...
However this requirement shall not applY.n where it is that there are not
such resources.
An Environmental Assessment of the site was conducted by Grant
Thornborough & Associates and submitted in March, 1994. The
conclusions of the study includes a recommendation to preserve the only
environmentally significant parcel (oak hammock site). This is being
accomplished through the application of the Open Space zoning category,
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 14
Housing Element Objective C-2: - Redevelopment and the development of
new land shall result in the provision of a variety of housing types which
shall continue to accommodate the diverse makeup of the City's
demographic profile. Policies which will assure this objective include: .
Housing Element policy C-2.2: Vacant Land areas west of 1-95, shown on
the Future Land Use map as low density residential and rural residential,
shall be retained for single family detached housing or low density planned
unit residential development
The development proposal provides a mix of housing types which
includes a low density planned unit development on the low density
portion of the site.
Compliance with Land Development Regulations: The proposed use is to .
be in compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
The applicant has submitted a master plan for the SAD component of the
request. Normally, concurrent with the processing of the SAD rezoning
application, a complete site and development plan must be processed. Further,
any future modific~tions i.e. addition of parking spaces etc. must be processed
as a rezoning of the SAD requiring review by the Planning and Zoning Board and
approval by City Commission. This process was implemented when both
rezonings and site plan reviews were .conducted by the Planning and Zoning
Board.
Since 1990 the Planning and Zoning Board has not reviewed site plans,
landscape plans, or elevations except in the case of master plans. The master
plan shows the intensity, and general location of buildings, circulation, parking
and perimeter landscape buffers.
Substantial changes to an SAD including changes in intensity, change of uses
etc. should continue to be reviewed by both the Planning and Zoning Board and
City Commission. However, minor changes to SAD site plans should not. It is
recommended that the Board remand the specific site plan, landscape plan, and
elevations for the SAD portion of this development to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition I language should be
added to the SAD ordinance specifying that future modifications which are not
substantial and do not deal with intensification or types of uses can be reviewed
by SPRAB and processed as site plan modifications.
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 15
In reviewing the SAD sketch plan the following Land Development issues are
noted and must be addressed with the future submittals of the specific site plan,
landscape plan, and elevations:
* A 30' landscape buffer is required along Linton Boulevard pursuant to Section
4.3.4 (H)(6). This buffer is to be in addition to the 80' LWDD canal right of
way currently shown as the landscape buffer.
* After provision of the 30' landscape buffer the location of the northernmost
building along with the provision of parking north of the building should be
revisited.
'" A total of 54 of 226 parking spaces are provided in close proximity to the
shops. If the development is successful conveniently located parking
would be limited. Revisiting the location of the parking spaces may be
.
appropriate.
'" The location of the pedestrian circulation system should be shown.
Presently, there are no sidewalk connections or crosswalk locations shown
between groups of stores, and parking areas. In addition, the sidewalk!
pedestrian connection along the spine road (new access road) should be
noted.
'" The future elevations of buildings which have their sides or rears facing
Linton Boulevard should be provided with additional detail and facade
features to minimize the aesthetic impact.
Parking spaces are not to exceed 1 0 spaces in a row without being separated
by a landscape island, conflicts are noted east of the packing house. In
addition, all handicap spaces are to be provided with 5' ramp areas. Per ADA
standards parking lots between 201 and 300 parking spaces are required to
have a minimum of 7 handicap spaces, 6 have been provided .
The PRD zoned portion of the property will require submittal of a master plan
{Section 4.4.7(E)} which must be reviewed and approved by the Planning and
Zoning Board. The SAD and RM-8 components will require site plan approval
by the Site Plan Review and Appearance Board. In addition, a preliminary plat
must be provided for the entire site identifying the location of the access
roadway, new collector road, main utilities, lift station location, etc. Final plats
will be required for each section of the development i.e. PRO, RM-8 and SAD.
.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 16
The initial zoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Notification of Adjacent Local Governments:
Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of
Delray Beach Comprehensive Plan notification must be provided to an adjacent
unit of government of any development proposal which involves a private land
use petition requiring local Planning Agency review and located within one-
quarter mile of the boundary of that unit of government. Notice of this application
has been sent to City of Boca Raton and Palm Beach County Planning Division. .
No objections have been received for either government agency.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. A special certified notice has been sent to each of the
property owners of record.
Courtesy notices have been sent to:
* Helen Coopersmith (PROD)
* Erminio P. Guiliano (Foxe Chase)
* Saul Weinburger. (Del Aire )
* Jim Goggin (Country lake Association)
* Shadywoods Homeowners Association.
* Spanish Wells Condo Association
* Gretchen Bacon, Oakmont Residential Assoc.
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The annexation of this property is consistent with the Comprehensive Plan
policies which call for annexation of eligible properties (Future land Use
Element, Policy B-3.4).
The proposed initial zoning designations of PRD-5, RM-8. OS. and SAD are
consistent with the proposed Future Land Use designations of Low Density,
Medium Density, Open Space, and Transitional being processed as part of 95-1.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 17
The proposed development intensities allowed under the proposed initial zoning
request are significantly less than the maximums allowed under the advisory
designation established in 1989 and the initial annexation request of April, 1994.
Given the above the proposal is consistent, compatible, and harmonious 'with
adjacent properties and the City as a whole.
t;"':::i,,':'::::A:UmERNASFl'LE:::A:Gmlc)N~::W:::::H::i:i''j:j:,:p::}:::",:,:.':"!'1
A. Continue with direction.
B. Recommend approval of the annexation request and initial zoning
based on positive findings with respect to Section 2.4.5(D)(1)
(Rezoning Findings), Section 3.1.1, and the Performance
Standards of Section 3.3.2, policies of the Comprehensive Plan. .
C. Recommend denial of a annexation and initial zoning based on a
failure to make positive findings.
Recommend approval of the Annexation request with an initial zoning of PRD-5 .
(51.25 acres), RM-8 (29.09 acres), OS (3.92 acres), and SAD (9.84 acres) based
upon positive findings with respect to Section 3.1.1, Section 3.3.2, Section
2.4.5(D)(1) and policies of the Comprehensive Plan and upon the following
findings:
. That the property is contiguous, reasonably compact and does not create an
enclave;
. That services will be provided to the property in a manner similar to other
similar properties within the City.
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ ~
SUBJECT: AGENDA ITEM # J;<. B . - MEETING OF AUGUST X, 1995
ORDINANCE NO. 43-95
DATE: JULY 28, 1995
This is first reading of Ordinance 43-95 annexing an 18.10 acre
parcel of land known as the Jones Property and establishing
initial zoning of RM-6 (Medium Density Residential - 6 units per
acre) in part, and RM (Medium Density Residential) in part. The .
subject property is located on the north side of West Atlantic
Avenue, between Barwick Road and Hamlet Drive.
At its worksession meeting on July la, 1995, the Planning and
Zoning Board's consensus was that the RM-6 should be applied to a
100 foot wide area along the north and east property lines, and
that the balance of the property should be zoned RM without a
suffix. The Board felt that it is inappropriate to affix the
maximum density allowed under the RM zoning at 12 units/acre at
this time, and that it should be addressed at the time of site
plan approval. Subsequently the applicant revised the
application to request RM-6 zoning in part, and RM for the
remainder. Additional background and an analysis of the request
is found in the attached Staff Report.
At its meeting of July 17, 1995, the Planning and Zoning Board
held a public hearing in conjunction with review of the
annexation request with initial zoning of RM-6 and RM, and voted
6 to 0 to recommend the request be approved.
Recommend approval of Ordinance 43-95 on first reading. If
passed, public hearing on Augu~t 15, 1995.
QlS-/9S-
PA-5SE.D 4-0
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ii
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I' ORDINANCE NO. 43-95
I'
I .
" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I'
'1
I DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
i
BEACH, A PARCEL OF LAND KNOWN AS THE JONES PROPERTY,
LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE,
EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL
SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH
,. LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
l; INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
, THEREOF TO RM-6 (MEDIUM DENSITY RESIDENTIAL - 6 UNITS
PER ACRE) DISTRICT, IN PART, AND RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT, IN PART; PROVIDING A GENERAL ..
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
! DATE.
;
, WHEREAS, Patricia M. Jones is the fee-simple owner of a
! parcel of land as more particularly described herein; and
;: WHEREAS, Joseph S. Torg and Company, Inc. , as duly
authorized agent for the fee-simple owner hereinabove named, has
I requested by petition to have the subject property annexed into the
! municipal limits of the City of Delray Beach; and
Ii
ii
1 WHEREAS, the subject property hereinafter described is
:,
Ii contiguous to the corporate limits of the City of Delray Beach,
p
.1 Florida; and
1;
Ii WHEREAS, the designation of a zoning classification is part
Ii of the annexation proceeding, and provisions of Land Development
I' Regulations Chapter Two have been followed in establishing the
" proposed zoning designations; and
Ii WHEREAS, the City of Del ray Beach has heretofore been -
Ii
authorized to annex lands in accordance with Section 171.044 of the
j! Florida Statutes.
Ii
II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
Ii
ii CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I -
Section l. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the -
-
following described land located in Palm Beach County, Florida, which
I lies contiguous to said City to-wit:
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PARCEL "A": .-
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I The East 100.00 feet lying West of and parallel with --
1 --
I the Eas~'line of the West 1/4 of the Northeast 1/4 of .
--
the Southeast 1/4 of Section 13, Township 46 South, -
1
j: Range 42 East. ~I
:!
"
;! TOGETHER WITH
. .
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The North 170.00 feet of that part of the West -
Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of -
,- the Southeast Quarter (SE 1/4) and the East Quarter
!' (E 1/4) of the Northwest Quarter (NW 1/4) of the . -
-=
Southeast Quarter (SE 1/4), all in Section 13, .- _:
I' Township 46 South, Range 42 East, Palm Beach County, ..
" ,-
j; Florida, lying North of State Road No. S-806 (West
Delray Road), as recorded in Road Plat Book 3, Page "
27, Public Records of Palm Beach County, Florida. .--
LESS right-of-way for Lake Worth Drainage District. p-
--~
PARCEL "B": -
-
i: That part of the West Quarter (W 1/4) of the
,.
I: Northeast Quarter (NE 1/4) of the Southeast Quarter
II
(SE 1/4) and the East Quarter (E 1/4) of the .-,
I,
I: Northwest Quarter (NW 1/4) of the Southeast Quarter
Ii (SE 1/4), all in Section 13, Township 46 South, Range
ii 42 East, Palm Beach County, Florida, lying North of
!! State Road No. S-806 (West Delray Road), as recorded
I! in Road Plat Book 3, Page 27, Public Records of Palm
II -<
I'
Ii Beach County, Florida. LESS right-of-way for Lake
Worth Drainage District. LESS that part of the West
ii Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of
Ii the Southeast Quarter (SE 1/4) and the East Quarter -:.
..
(E 1/4) of the Northwest Quarter (NW 1/4) of the --
Southeast Quarter (SE 1/4) of Section 13, Township 46 --
! -~
! South, Range 42 East, Palm Beach County, Florida,
j,
II lying North of the North right-of-way line of State -....
!i
ii Road No. 806, as shown on the Plat thereof, recorded -
II
in Road Plat Book 3, Page 27, Public Records of Palm -
I Beach County, Florida, described as follows: .-
I
-
BEGINNING at the point of intersection of the said
I North right-of-way line of State Road No. 806 and the
"
West line of the said East Quarter (E 1/4) of the
Northwest Quarter (NW 1/4) of the Southeast Quarter
I (SE 1/4) of Section 13; thence North 00 degrees 41'
Ii - 2 - Ord. No. 43-95
II
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22" West, along said West line, a distance of 400'.00 .". i
I feet to a line 400.00 feet North of and parallel with ~i
; I
said North right-of-way line; thence North 89 degrees ~ I
22' 08" East, along said parallel line, a distance of -~ I
69.00 feet; thence 'South 00 degrees 41' 22" East, a
distance of 237.19 feet; thence North 89 degrees 12 '
25" East, a distance of 133.29 feet; thence South 40 I
,- degrees 33' 35" East, a distance of 100.31 feet; . ~ I
thence North 85 degrees 51' 09" East, a distance of .
I 110.55 feet; thence South 00 degrees 38' 25" East, a
distance of 93.05 feet to the said North right-of-way -
line of State Road No. 806; thence South 89 degrees
22' 08" West, along said North right-of-way line, ..
a ..
I distance of 377.00 feet to the said POINT OF
BEGINNING. _.
"
., .-
i
, LESS the East 100.00 feet lying West of and parallel ...
, ,-
, with the East line of the West 1/4 of the Northeast "'"
;, 1/4 of the Southeast 1/4 of Section 13, Township 46 .
South, Range 42 East, AND LESS the North 170.00 feet '.;~
of that part of the West Quarter (W 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter .,
(SE 1/4) and the East Quarter (E 1/4) of the ~
I Northwest Quarter (NW 1/4) of the Southeast Quarter -.
(SE 1/4), all in Section 13, Township 46 South, Range ....
"
i 42 East, Palm Beach County, Florida, lying North of ..-
i State Road No. S-806 (West Delray Road), as recorded
i
i in Road Plat Book 3, Page 27, Public Records of Palm
I Beach County, Florida. . LESS right-of-way for Lake
, Worth Drainage District.
I
I .-
, The subject property is located on the north side of
I West Atlantic Avenue, lying east of and adjacent to
; the Carver Middle School site; containing 18.10
acres, more or less.
I Section 2. That the boundaries of the City of Delray Beach,
I
,
I Florida, are hereby redefined to include therein the above-described
!
i parcel and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning .-
I classification in this ordinance and the tract of land hereinabove
described as Parcel "A" is hereby declared to be in Zoning District ~
I RM-6 (Medium Density Residential - 6 du/ac) as defined by existing
ordinances of the City of Delray Beach. i
I
I - 3 - Ord. No. 43-95 --I
I
I I
i I
I I
I
,
f
,
I
-.
:~
-.-- . -.- -. -
~ __ "--''-.10__
"
II -.-
i:
;' Section 4. That Chapter Two of the Land Development -
!I Regulations has been followed in the establishment of a zoning :~.
classification in this ordinance and the tract of land hereinabove ..
described as Parce.l liB" is hereby declared to be in Zoning District RM -.
(Medium Density Residential) as defined by existing ordinances of the -~
I City of Delray Beach. ~ I
:, Section 5. That the land hereinabove described shall ~ j
immediately become subject to all of the franchises, privileges, -
If immuni ties, debts, obligations, liabilities, ordinances and laws to ::.;
: which lands in the City of Delray Beach are now or may be subjected, ~,
!' including. the Stormwater Management Assessment levied by the Ci ty ~;.
:i pursuant to its ordinances and as required by Florida Statutes Chapter .:..
I! 197, and persons residing thereon shall be deemed citizens of the City. ~.~_
I' of Delray Beach, Florida. . .~
i ~
I , ~ J"
i: Section 6. That this annexation of the subject property, ,
, including adjacent roads , alleys, or the like, if any, shall not be.,:,
" deemed acceptance by the City of any maintenance responsibility for __
such roads, alleys, or the like, unless otherwise specifically ~
initiated by the City pursuant to current requirements and conditions. ~
;;
Section 7. That all ordinances or parts of ordinances i1 ..
conflict herewith be, and the same are hereby repealed. .
, Section 8. That should any section or provision of this -
I, ordinance or any portion thereof, any paragraph, sentence or word be
Ii declared by a court of competent jurisdiction to be invalid, such
Ii decision shall not affect the validity of the remainder hereof as a
Ii whole or part thereof other than the part declared to be invalid. _.
,I
i! Section 9. That this ordinance shall become effective as
Ii follows: As to annexation, immediately upon passage on second and
:; final reading i as to zoning, immediately upon the effective date of
II Ordinance No. 44-95, under which an official land use designation of_
i, Medium Density Residential is affixed to the subject property
II hereinabove described. :~
Ii PASSED AND ADOPTED in regular session on second and final,'.
Il reading on this the day of , 1995. _
I
I '.
MAYOR ~
ATTEST:
City Clerk
I
II First Reading -
II Second Reading -II'
I - 4 - Ord. No. 43-95
I
:
Ii
%
\
CITY COMMISSION DOCUMENTATION
TO: D~RDEN' CITY ~AN~
THRU: g~PAR~~~~9~~~NG
FROM: Y A. COSTEllO
R PLANNER
SUBJECT: MEETING OF AUGUST 1, 1995
ANNEXA TION WITH INITIAL ZONING OF RM-6 (MEDIUM .
DENSITY RESIDENTIAL - 6 DUlAC) AND RM (MEDIUM
DENSITY RESIDENTIAL) FOR A PARCEL OF LAND LOCATED
ON THE NORTH SIDE OF WEST ATLANTIC AVENUE.
BETWEEN BARWICK ROAD AND HAMLET DRIVE (JONES
PROPERTY).
ACTION REQUESTED OF TH~ COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance annexing an 18.10 acre parcel of land, with initial
zoning of RM-6 (Medium Density Residential - 6 du/ac), in part, and RM
(Medium Density Residential).
The subject property is located on the north side West Atlantic Avenue,
between Barwick Road and Hamlet Drive.
BACKGROUND:
At its meeting of April 17, 1995, the Planning and Zoning Board recommended
approval of a FlUM amendment for the subject property from County MR-5 and
HR-8 to City Medium Density Residential 5-12 du/ac. The applicant's attorney
requested that action on the annexation and zoning be postponed in order to
better address issues of maximum density and compatibility with adjacent areas.
On April 18th, the City Commission approved the transmittal of the FlUM
amendment to DCA (Department of Community Affairs) for review. There were
no comments made by DCA with regard to the associated FlUM amendment,
and it is scheduled for first reading at the August 1st City Commission meeting.
City Commission Documentation
Annexation with Initial Zoning of RM-6 and RM
Page 2
On July 6, 1995, the applicant submitted a request to schedule the annexation
for the Planning and Zoning Board's meeting of July 17, 1995 with the initial
zoning designations of RM-6, in part and RM-12. At its worksession meeting on
July 10th, the Board discussed the proposed zoning designations. The
consensus of the Board was that the RM-6 should be applied to a 100 foot wide
area along the north and east property lines and that the balance of the property
should be zoned RM without a suffix. (The 100 foot area along the north
property line would be measured from the ultimate right-of-way line of the L-33
Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and
revised on 3/16/95). The Board felt that it is inappropriate to affix the maximum
density allowed under the RM zoning at 12 units/acre at this time, and that it
should be addressed at the time of site plan approval. Subsequently, the
applicant revised the application to request RM-6 zoning in part and RM for the
remainder. Additional background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report. .
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of July 17, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the annexation request with initial zoning of
RM-6, in part and RM. There was no public testimony in opposition to the
request. The Board voted 6-0 (Young absent) to recommend that the request be
approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance annexing the Jones property
with initial zoning of RM-6 and HM, and setting a public hearing date of August
15,1995.
Attachments:
D P & Z Staff Report and Documentation of July 17, 1995
D Ordinance by Others
S:CCJONES.DOC
.
PLANNING AND ZONING BOARD . ,
CITY OF DELRAY BEACH --- STAFF REPORT ---
...:ETlNG DATE: July 17, 1995
AGENDA ITEM: V.C.
ITEM: Annexation & Initial Zoning of RM-12 in Part, and R}1-6 in Part for the Jones Property.
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=NERAL DATA:
OWner........................................................................................ Patricia M. Jones
Contract Purchaser.................................................................... CG Land, Inc.
Agent.......................................................................................... Joseph S. Torg
Joseph S. Torg and Company, Inc.
Location...................................................................................... North side of West Atlantic Avenue, between Barwick Road and Hamlet Drive.
Property Size.............................................................................. 18.10 Acres
Existing County Land Use Map Designation...............................MR-5 (Medium Density Residential) and HR-8 (High Density Residential).
Proposed City Land Use Map Designation................................. Medium Density Residential 5-12 dulac (CPA 95-1)
existing County Zoning Designations......................................... eN (Neighborhood Commercial) and AR (Agricultural Residential)
Proposed City Zoning Designations........................................... RM-6 (Medium Density Residential - 6 dulac) and
RM (Medium Density Residential)
Adjacent Zoning................................................................North: County RS (Single Family Residential)
East: City PRO (Planned Residential Development) and
County AR (Agricultural Residential)
South: City POC (Planned Office Center), R-1-A (Single Family
Residential), and OSR (Open Space and Recreational)
West: City CF (Community Facilities)
Existing land Use...................................................................... Primarily vacant land with 3 residential structures and 2 multi-bay garages.
Proposed land Use........ ................................................. .........Maximum development potential or a 191-unil residential development.
Water Service.. ..............Available via connection to the 14- water main along the north side or Atlantic
Avenue.
Sewer Service.. Available via connection to the existing lilt station to the easl, at the southwest
corner of the Wmdy Creek/Hanover Square subdivision
V.C.
.
!......:..:::~:~:~::::..lilig~M.::.:~.:g.F:~.H.g:.ili::M.~:".:~I~.BP.:..:::):.....:::..:.:.......I
The item before the Board is that of making a recommendation on a voluntary
annexation (pursuant to Florida Statute 171.044) and initial zoning of RM-6
(Medium Density Residential - 6 du/ac) in part and RM (Medium Density
Residential - 12 du/ac) in part.
LOR Sections 2.4.5 (C) and (D) provide rules and procedures for the processing
of this petition.
The subject property is located on the north side of Atlantic Avenue, between
Barwick Road and Hamlet Drive.
I::i:i:::::::'i::i:::::i:i:i::ii::i::i::i::::i::!::::::::i:::::::::::::::::i:::::::::::::::i:::i:i:::::;::::i:ii::i::::ii::;'i:::::i;::i:~:::i::::i:i:i:::i:i~:ltI:il:;I:;I:i:li;l:iiliiil::::I:::l!::;':i:i:::::i:::::::::::i:::::::::::;::i:;::::::i::!!i!;::;i:;:::::::::::::!::::i::::l::;::i:ll::::::i:l;i:::::i~i!!:i!;1l.;:::::::::i::::1
The property under consideration is an unplatted parcel comprised of 18.10 .
acres. The property is currently under Palm Beach County jurisdiction and is
located within the City's planning and service area.
With the adoption ofthe City's Comprehensive Plan in 1989, the City's "advisory"
land use designation of the property was changed from SF (Single Family
Residential) and MF-L (Multi-Family - Low Density) to Transitional. On February
3, 1995, an application was submitted to annex the property into the City with a
RM (Medium Density Residential) zoning designation. In addition to the
annexation and initial zoning request, a Future Land Use Map amendment for
the property is being processed concurrently as part of the City's annual
Comprehensive Plan Amendment 95-1 which represents a change from County
MR-5 (Medium Residential - 5 du/ac) and HR-8 (High Residential - 8 du/ac) to
City MDR (Medium Density Residential 5-12 du/ac).
At its meeting of April 17, 1995, the Planning and Zoning Board recommended
approval of the FLUM amendment, however, the applicant's attorney requested
that action on the annexation be postponed. On April 18th, the City Commission
approved the transmittal of the FLUM amendment to DCA (Department of
Community Affairs) for review. There were no comments made by DCA with
regard to the associated FLUM amendment.
On July 6, 1995, the applicant submitted a request to schedule the annexation
for the Board's meeting of July 17, 1995 with the initial zoning designations of
RM-6, in part and RM-12. At its worksession meeting on July 10th, the Board
discussed the proposed zoning designations as well as the application of the
RM-6 only along the east property line of the development. The consensus of
the Board was that the RM-6 should be applied to a 100 foot wide area along the
,
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 2
north and east property lines and that the balance of the property should be
zoned RM without a suffix. (The 100 foot area along the north property line
would be measured from the ultimate right-of-way line of the L-33 Canal as
indicated on the survey prepared by Caulfield & Wheeler, Inc. and revised on
3/16/95). The Board feels it is inappropriate to affix the maximum density
allowed under the RM zoning (12 units/acre) at this time and that it should be
addressed at the time of site plan approval. Subsequently, the applicant revised
the application to request RM-6 zoning in part and RM, thus removing the 12
suffix. This request is now before the Board for action. In addition, the Board
will take action on acceptance of the FLUM amendment in conjunction with
Comprehensive Plan Amendment 95-1.
Il:::i:::l:::l[l~::li::m::lli:~llll::iI:[:::::::::l:l:::::::[::::~::l:::::::~:l:::::l:~::[::~:~:::[::::[::::R:::I:::I::lgl:::;:l:I:::I::::::::::m::I~:::I~:I::il::1:l.li:m~:1111:::I:l.limf~~l::ll:::::::~:::::::::::::::::::::::l:::l.~:l.:ml:l::~::l::l:[l:::i:::~:::::::::l:::::::1:1
The subject property is an 18.10 acre parcel which is primarily vacant land with .
three residential structures (currently vacant), 2 multi-bay garages, and a man-
made lake located on the southern portion of the property. The southwest
portion of the property containing the residential structures (2.7 acres) is
currently zoned County CN (Neighborhood Commercial) and the balance is
zoned County AR (Agricultural Residential). The proposed City zoning will be
RM-6 (Medium Density Residential - 6 du/ac), in part, and RM (Medium Density
Residential), in part. The RM-6 zoning designation is to be applied to a 100 foot
wide area along the north and east sides of the property (approximately 4.2
acres) with the balance to be zoned RM (13.9 acres). (The 100 foot area along
the north property line is to be measured from the ultimate right-of-way line of the
L-33 Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and
revised on 3/16/95).
'1:::::::::::::::::~l::::l.l.:I:::~:::l::::::::::::::::::::::::::~::::::::~:::::::::::::::::~:::::::::::::::l:~::l::~I:::[N..:::M:::;G::ll:::I:::I:::I::::m:::I::::::::::ll:M:::I;:gU~:::~:::I::::~:l:::::::::l::::::::[::::l:::::!:l.::::::[:::::::::::::::::l::l:::[:::::::::::[:::::::::::i::::::::::!:I:::::::l.1
Florida Statutes Governing Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
0 The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. The annexation of this property will
leave an unincorporated 1.3 acre parcel along Atlantic Avenue (east of
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 3
the site). Under F.S. 171.031(13)(b), the amended definition of an
enclave includes areas which are surrounded by the municipality and a
man-made barrier (LWDD L-33 Canal) which limits the property to access
through the City. Under this definition, the subject property and the
remaining 1.3 acre parcel are an existing enclave. Thus, this annexation
will reduce this existing County enclave area.
land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner
of land may seek the annexation of contiguous property, under his ownership"
pursuant to Florida Statutes. This is a voluntary petition by the property owner.
I::~f~f~f:::~~f::~:f:::f:::~f:f::f:::::::~~:f:f:f!~j::~:f:::~~~~f:f:i:I~:ll:::I:f:I:f:I:::I:::H:::fl:::N~:~I:::":~:g:::i:~:f:::::flf::m::I!:I~f~:~:~::I:lf:11:[lli~1ifljfl~:~~fi!:~:l::::::f::!::i!~f:::~::::~~:::f:ff~ffff:f~ff:::::::i~::1
.
CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP
DESIGNATIONS:
In conjunction with this annexation petition, a Future Land Use Map
amendment for this property is being processed. The proposed City
Future Land Use Map designation for the property is Medium Density
Residential 5-12 du/ac (MDR). The existing County Land Use designation
for the property is MR-5 (Medium Density Residential - 5 du/ac) and HR-8
(High Density Residential - 8 du/ac). As outlined in the FLUM amendment
staff report of April 17, 1995, the proposed City MDR land use designation
is consistent with the existing County MR-5 and HR-8 land use
designations. However, within that staff report it was identified that in
order to obtain compatibility with the adjacent low density residential
subdivisions that a suffix of 8 units per acre be applied to the property.
The applicant has since amended the annexation request to apply a lower
density zoning of RM-6 to the adjacent to the single family subdivisions to
the north and east.
ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES:
The Land Use Map designation to the north is Palm Beach County RS
(Single Family Residential) [with an advisory City designation of LDR (Low
Density Residential 0-5 du/ac)]; South is City Transitional, Recreation &
Open Space, and LDR; East is County C/5 (with an advisory City
designation of Transitional), and City LDR; and, to the west is City CF
(Community Facilities).
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 4
The existing Land Uses are: to the north, a single family residential
subdivision with a density of 1 unit per acre (Kingsland subdivision); south
is a restaurant (Rod & Gun Restaurant) and a golf and country club
community developed at density of 1.2 units per acre (The Hamlet Golf
Club); to the east is a single family zero lot line subdivision developed at
4.7 units per acre (Windy Creek/Hanover Square), and a vacant 1.3 acre
parcel of land; and, to the west is Carver Middle School, with a gopher
tortoise preserve at the northeast corner of the school site, abutting the
subject property.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within
"designated annexation area NO.4" east of Military Trail, north of Atlantic
Avenue. Annexation of the territory is consistent with Policy B-3.4 of the Future
Land Use Element, which calls for annexation of eligible properties. .
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy 8-3.1). The following is a
discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriffs
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is assigned to a particular
zone during a shift (three shifts per day). Additional response can be mustered
from "Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as the
police currently pass the property while patrolling areas of the City to the north
and south of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4
(Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in response time from
the current 7 minutes of the County Fire Department (Indian Springs/Military Trail
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 5
and Woolbright Road) to approximately 2.5 minutes for the City's Fire
Department (Fire Station NO.4 at Barwick and Lake Ida Roads).
Water: Currently, the existing structures are not connected to the City's
municipal water system. Municipal water service is available via connection to
the 14" water main along the north side of Atlantic Avenue. Future development
of the property win require water main extensions (minimum 8") and the
installation of fire hydrants with a maximum spacing of 500 feet along the new
main. Looping of the main for system integrity will be required.
Sewer: The existing structures utilize a septic system. Sewer service is
available via connection to the existing lift station (L.S. 86B) to the east, at the
southwest corner of the Windy Creek/Hanover Square subdivision. Future
development of the property will require sewer main extensions and may require
the upgrading of the existing lift station.
.
Streets: This property has direct access to Atlantic Avenue. Atlantic Avenue is
under the jurisdiction of the Florida Department of Transportation (FDOT). The
jurisdictional responsibility and the associated maintenance responsibility will not
change upon annexation.
A traffic study has been submitted based upon a development scenario with a
maximum potential of 214 residential units generating 2,140 daily trips. Based
upon the current traffic study, future development of the property to its maximum
development potential may require the installation of a right turn lane on
westbound Atlantic Avenue. With the submittal of a specific development
proposal, roadway improvements will be further reviewed. The traffic study
notes that Atlantic Avenue has been widened to six lanes along the frontage of
the subject property and that six laning of Atlantic Avenue, between Military Trail
and EI Clair Ranch Road, is currently under construction.
Parks and Open Space: The proposed RM-6 (4.2 acres) and RM (13.9 acres)
zoning districts will allow a maximum development potential of 191 units. The
additional units will not have a significant impact with respect to level of service
standards for parks and recreation facilities. The impacts of these potential
residents were factored into the park demands calculated on build-out
projections. Further, the City currently provides approximately 8 acres per 1,000
residents of recreation space which far exceeds the desired standard of 3 acres
per 1,000 residents established in the Comprehensive Plan. With future
residential development, a parks and recreation impact fee of $500 per unit will
be assessed at the time of building permit.
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 6
Solid Waste: As there is no change in actual land use, there is no impact on
solid waste disposal. The service provider will remain the same, as described
later in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1994 tax year the Jones property had an assessed value of
$1,017,803.00. A homestead exemption of $25,000.00 has been granted for the
property. After the above exemption, the current taxable value of the property is
$992,803.00. With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
.
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City Of Delray Beach 6.8800 Added (City)
City of Delray Beach Debt 1.0700 Added (City)
-------
4.9524 Difference*
* Total tax millage in the County is 20.1501 mills while in the City the total
millage rate is 25.1020 mills.
The current yearly ad valorem taxes are $20,005.08. With annexation the yearly
ad valorem taxes will be $25,548.89 (which includes the elimination of the
homestead exemption associated with development); a tax difference of
$5.543.81. In addition to property taxes, the following Non Ad Valorem fiscal
impositions apply:
Delray Beach Storm Water Utility - This equates to $105.00 a year based upon
the combined impervious area for the existing structures. This assessment will
increase with future development based upon a percentage of impervious area
of the buildings and parking areas. A 25% discount from the assessment is
available as the site is within the Lake Worth Drainage District and an additional
25% discount may be available if drainage is retained on-site.
Solid Waste Authority - The property is currently serviced by County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 3D, 1998. The City's contract is currently through Waste
Management, Inc. Pursuant to Florida Statute 171.062 (4 )(a) "if a party has an
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 7
exclusive franchise which is in effect for at least six months prior to the initiation
of an annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is
shorter". As the annexation was not initiated within the six month time period,
the waste service provider will not change with annexation.
Occupational License Fees - As the property is residential in nature, an
occupational license will not be required. Thus, there will be no change in
occupation license fees.
Water/Sewer Rates - The Jones property is not currently served by municipal
water. Typically, properties not located within the City that receive City water
and sewer service are assessed an Out-of-City surcharge. Under that scenario,
annexation of properties receiving municipal water would see a 25% reduction in
water and sewer rates.
.
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES +$ 5,543.81
(Change from 94/95 county of 20.1501
to City 94/95 rate 25.1020 mills.(4.9524
NON AD VALOREM
Stormwater Assessment +$105.00
Solid Waste Collection $.00
WATER & SEWER UTILITY FEES $.00
OCCUPATIONAL LICENSE FEES $.00
ANNUAL FINANCIAL IMPACT: +$ 5,648.81
* NA - Data not available
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 8
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
7.0 minutes (County) to 2.5 minutes (City)
EMS + Faster response time from (estimated time)
7.0 minutes (County) to 2.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT Pro-active vs reactive opportunity to work .
+
with property owners
Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills
and debt rate of 1.07 mills, the property will generate approximately $8,091.53 in
ad valorem taxes per year. Additional revenues will be realized through the
annual collection of the stormwater assessment fee as well as utility taxes (9.5%
electric, 7% telephone) and franchise fees on electric, telephone, and cable with
future residential development.
In addition to utility and franchise fees, the City receives per capita
reimbursements based upon municipal population. The major sources of per
capita revenue are sales tax, cigarette tax and state revenue sharing. The
current per capita rate is approximately $78.66 per person. The existing
residential structures will generate approximately $393.30 in additional per capita
reimbursements. With future development of residential property additional
revenues will be realized.
1~::::::l:::I:l:~:::::~::::I::::::::~::~::::I:::::::~:~::~:~::~~:::::::::::::::::::::::::;::::::::::::::::::::::::::::::1::::::;~:i:I:::I::::l::::ff::\I:::::::l:1:::I:::I:::g::I:::ll:II~:::::::l:::::::I::::::::::::::::::::::li::i:::::::::::::l::::::::::m::::::l::::::l::::::::l::ll::I::::::i:::::i:i:::::::::::::1
The proposed City zoning designations are RM-6 (Medium Density Residential -
6 du/ac) and RM (Medium Density Residential - 12 du/ac). The current County
zoning designations are AR (Agricultural Residential) and CN (Neighborhood
Commercial).
The surrounding zoning designations are: County RS (Single Family to the north,
across the L-33 Canal; City PRD (Planned Residential Development) and County
AR (Agricultural Residential) to the east; City pac (Planned Office Center),
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 9
R -1-A (Single Family Residential) and OSR (Open Space and Recreational), to
the south; and, City CF (Community Facilities) to the west.
REQUIRED FIN D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
.
The proposed RM-6 and RM zoning designations are consistent with the
proposed Medium Density Residential 5-12 du/ac land use designation. The
proposed multiple family development is allowed as a permitted use within both
the RM-6 and RM zoning districts. 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 proposal involves the annexation of primarily vacant land with the exception
of 3 residential structures, 2 multi-bay.garages and a man-made lake on the
south portion of the property. There will be no changes in the manner that water,
sewer, drainage, streets/traffic and solid waste services will be provided. Fire,
EMS and Police will shift to a different provider; however, all of these services
will be equal to or enhanced (see annexation analysis for details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property is primarily vacant land with 3 residential structures and 2 multi-bay
garages. The existing residences are allowed under the proposed RM-6 and RM
zoning districts. With review of the annexation request, a site visit was
conducted and did not reveal any code violations. Any future development will
be required to comply with all Land Development Regulations. In order to
accommodate lower density units along the north and east borders, it may be
necessary to amend the Land Development Regulations.
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 10
CONSISTENCY:
Compliance with the performance standards set forth in Section 3.3.2
(Standards for Rezoning Actions), along with the required finding~ in
Section 2.4.5 (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 making a finding of
overall consistency.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objectives and policies were
found.
.
Conservation Element Policy B-2.2:Whenever and wherever significant or
sensitive flora and fauna communities are identified pursuant to Policy B-
2.1, they shall be preserved as if they were environmentally sensitive areas
as identified in Objective B-1.
A biological survey has been submitted indicating that 8 gopher tortoise
burrows are located on the northern half of the property, however, only 2
of those burrows were determined to be "active". The survey has been
transmitted to the Department of Environmental Protection for review,
however, a response has not yet been received. Mitigation measures
may need to be taken to retain the burrows on site or the tortoises must
be relocated in compliance with DEP standards. This item will be further
reviewed at th~ time of site and development plan review.
Housing Element Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be developed in a
manner which is consistent with adjacent development regardless of
zoning designations. These policies shall be implemented through the
review process associated with platting and site plan and shall be effective
immediately.
This policy will be further reviewed at the time of site and development
plan review. However, it is noted that the adjacent residential
developments to the north and south are developed at 1 unit per acre and
the abutting residential development to the east has a density of 4.7 units
per acre. The following are the densities of the surrounding residential
developments within a 2,000 foot radius of the subject property:
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 11
Subdivision units/acre
High Point 8.0 du/ac
Homewood Lakes 6.0 du/ac
Sherwood Forest 2.0 du/ac
Highland Trailer Park 7.7 du/ac
Sunset Pines 7.6 du/ac
Franwood Pines 3.0 du/ac
Kingsland Pines 3.0 du/ac
Development of the property should be reasonably consistent with the
character of the surrounding residential developments. The current
development potential of the property under the County's land use
designations (MR-5 and HR-8) is 82 units or 4.5 units per acre. Under the
proposed RM-6 (4.2 acres) and RM (13.9 acres) zoning districts a
maximum of 191 units or 10.5 units per acre could be developed on the .
property . In order to maintain some consistency with adjacent
developments, the RM-6 zoning designation is to be applied adjacent to
the existing single family developments (north and east property lines). It
appears appropriate to apply a higher density on the balance of the
property as it is adjacent to a restaurant (to the south) and the middle
school (to the west).
Land Use Element Objective A-1: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
As stated under Housing Element Policy C-2.4, the property should be
developed in a manner that will be complementary to the adjacent
residential developments. The development of this property will fulfill the
need for medium density residential development and lower density
dwellings. The tortoise burrows may be negatively impacted by the
development of the site. However, as the property consists of 18.10 acres
and is primarily vacant, mitigation measures including possible relocation
can be easily accommodated to avoid negatively impacting the burrows.
Section 3.3.2 (Standards for Rezoning Actions): Standard Band C is not
applicable with respect to this rezoning request The applicable
performance standards of Section 3.3.2 are as follows:
A) That a rezoning to other than CF within stable residential areas shall
be denied.
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 12
The property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the east and south are
noted as stable residential. The rezoning is required in conjunction with
the annexation request. The proposed RM-6 and RM zoning designations
will be consistent with the proposed MDR land use map designation.
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The initial RM-6 and RM zoning designation will accommodate the
existing residential use as a permitted use. The application of the RM-6
zoning along (north and east property lines) will ensure a more compatible .
density adjacent to the single family subdivisions. The RM zoning will
abut a restaurant on the south and a middle school with a tortoise
preserve on the west. Compatibility of a specific development proposal
with the adjacent developments will be appropriately addressed with
review of a site and development plan request.
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D}(5), in addition to the 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:
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 13
"There has been a change in circumstances. The applicant is applying for
annexation of this property into the City. The annexation requires that the
applicant apply for an appropriate zoning designation."
Comment: The justification statement addresses Item "b" as the basis for
which the rezoning should be granted, however, Item "c" is also
applicable. The property is in the unincorporated area of Palm Beach
County, however, it is within the City of Delray Beach reserve annexation
area. The requested zoning designations are of similar intensity as that
allowed under the proposed City Medium Density Residential 5-12 du/ac
and the existing County MR-5 and HR-8 land use designations. The
requested RM-6 and RM zoning designations are more appropriate for the
property than the current County zoning designations of AR (Agricultural
Residential) and CN (Neighborhood Commercial) given the surrounding
residential developments.
.
li::i:i~:i::::::::::::i:i::~::::~i::ii::::::ii:i:~::iiii:i:iiii::::::i::::::::i:::::i~:~i::~:::::::::~:~::::::::i::::~i:::::i~:ii::~i::i:I~:::gii~l:iil:::~:~~i::::::::il:i:li:~:iii::I~I:::I::iil:iiil::i~i:i:~:::i::ii:::::ii:::iii:i:::;:::::i:::i::iiii::i:::::wi::::::i::i:::::::~~i~i:i:::i:iii::::::::::i::i;:::i~~:ii:i:i::i:iiii:i:~:~i~1
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
lake Worth Drainage District
Lake Worth Drainage District reviewed the annexation request and indicated that
with any future development, additional right-of-way for the L-33 Canal (along
north property line) will be required.
Palm Beach County Notice
Palm Beach County Planning Division as well as applicable departments
reviewed the annexation request and had no objections.
IPARe Notice
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. IPARC had no objections to the FLUM amendment.
Courtesy Notice
Courtesy notices were sent to the following homeowner's and civic associations:
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 14
0 Greensward Village Condominium Association (within The Hamlet
development)
0 Hamlet Residents Association
0 Hanover Square Homeowners Association
0 High Point Condominium Association
0 Highland Trailer Park
0 PROD (Progressive Residents of Delray)
0 Sunset Pines Homeowners Association
0 United Property Owners
0 Windy Creek Homeowners Association
0 Wood lake Homeowners Association
Public Notice
Formal public notice has been provided to all property owners within a 500 foot .
radius of the subject property. Letters of objection, if any, will be presented at
the Planning and Zoning Board meeting.
I:\:\::::~::::\:i::::::i\:\\:i~:::\:::~:~::~:::;;;::~\~::::.~::::.:~~::;~::\~:;~~:~i\::i:;i1:::M:::im::::Ni::1ili::::~::::li~N:;g~:::::;::i:::m:~;B:~~m::I:\:g::\i:::1:::~::\R:;\m::::~::*::::::::~::\\\::;::;::;~::;:;::;::::::\:::::::::::;:\~:\::;I
Accommodating the annexation of this property and affixing an initial City zoning
designation of RM-6 and RM is consistent with the City's program for annexation
of territory within its Planning and Service Area. The annexation is also
consistent with the State's policy under ELMS III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality and service
provider.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in taxes and
stormwater assessment fees.
The City will receive additional revenue from property taxes, stormwater
assessment fees, and per capita revenues, which will result in a net increase to
the City of approximately $8,589.83 a year. In addition, revenues will be
received from utility taxes and franchise fees.
The application of the RM-6 zoning designation adjacent to the single family
subdivisions to the north and east should ensure compatibility with respect to
density. Applying the RM zoning designation to the balance appears to be
appropriate given its proximity to the restaurant (to the south) and the middle
school (to the west). If the annexation is approved, it is anticipated that a site
.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 15
and development plan submittal will follow. Compatibility of the proposed
development with respect to design will be further addressed at that time.
/
(::::::'::::::::::::::::::',',I:.:.:':.:':::::.::.:::::,::::::::,::::::::::::,::::::::':::::::::::::::::::::::::lfb::m:::g;:::f{:':lll:::]t:J.'::Y;:::i::fi::::::::::1:::I:::T:::!-:::g:::I::::I:::::::::::::::::::::::::::::I:::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::I:::::l
A. Continue with direction.
S. Recommend approval of the annexation with initial zoning designation of
RM-6 and RM (Medium Density Residential).
C. Recommend denial of the annexation with initial zoning of RM with the
basis stated.
I:::::::::::::::::::::::::::::::::::::::::j:::::::!::::::::::::::::::j:::::::j:::::::::::::I:::::::::::::::1:::m::I:j::F::::ft::::::::f{:::m:::~:::I:iM::::M:::i::jlal:j:I::I:::!-:::g:::I:::::::::j:j:::::j:::::j:j:::::::::::::::::::::::::::i::::::I:::::;:::i1I::::::::::::::;:;::!::!j:1
Recommend approval of this annexation with initial zoning designations of RM-6 .
(Medium Density Residential - 6 units per acre) and RM (Medium Density
Residential) based upon positive findings with respect to Section 3.1.1, Section
3.3.2, policies of the Comprehensive Plan, and the following:
A. That the property is contiguous, reasonably compact and does not create
an enclave; and,
B. That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
0 Location Map
0 Survey
Staff Report prepared by: Jeff Costello. Senior Planner
JC/JONESANN.DOC
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M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flJl1 $
SUBJECT: AGENDA ITEM * I~ .C.- MEETING OF AUGUST.-r'. 1995
FIRST READING FOR ORDINANCE NO. 44-95/ADOPTING
COMPREHENSIVE PLAN AMENDMENT 95-1
DATE: JULY 28, 1995
This is first reading for Ordinance No. 44-95 which adopts
Comprehensive Plan Amendment 95-1. In addition to numerous text
changes, four (4) Future Land Use Map (FLUM) amendments are
included as part of Amendment 95-1. The affected properties are:
(1) Blood's Hammock Groves (94.14 acres) - changing from the .
County's Land Use designation of MR-5 (Medium Residential - 5
uni tsjacre) to City designations of Low Density Residential
(51 acres), Medium Density Residential (29 acres), Open Space
(4 acres), and Transitional (10 acres).
(2) Jones Property (18.10 acres) - changing from the County's Land
Use designation of HR-8 (High Density - 5 to 8 units per acre)
and MR-5 (Medium Density - 3 to 5 units per acre) to City
designation of Medium Density Residential.
(3) Northwest Area (121.86 acres) - changing the City's Advisory
Land Use designation from Rural Residential (1 unit per 3
acres) to Low Density (up to 5 units per acre) for 118.35
acres, and from Rural Residential to Transitional for 3.51
acres (Delray Storage site). This property is located north
of the L-30 Canal, between Barwick Road and Military Trail,
(4) Marina Cay (11.11 acres) - removing the Large Scale Mixed Use
overlay designation.
On May 2, 1995, the City Commission transmitted Amendment 95-1 to
the Florida Department of Community Affairs (DCA) for mandatory
review. By letter dated June 20, 1995, DCA notified the City that
no further review is needed and the Objections, Recommendations and
Comments (ORC) report is waived.
The Planning and Zoning Board formally reviewed this item at public
hearing on July 17, 1995, and voted unanimously to recommend that
Comprehensive Plan Amendment 95-1 be adopted. The text of the plan
amendment is attached to the ordinance as Exhibit "A".
Recommend approval of Ordinance No. 44-95 on first reading. If
passed, a public hearing will be held on AY~aet 15, 1995.
9/.5/95
ref:agmem020 ~
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CITY COMMISSION DOCUMENTATION
TO: VID T. HARDEN, CITY MANAGER _
FROM:
SUBJECT: MEETING OF A UST 1, 1995
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 95-1,
FIRST READING
ACTION REQUESTED OF THE CITY COMMISSION:
.
The action requested of the City Commission is that of approval on first reading
of an ordinance adopting Comprehensive Plan Amendment 95-1.
BACKGROUND:
Plan Amendment 95-1 proposes numerous text changes resulting from:
* Completion of master plan~ for water, wastewater, storm water, and water
supply systems.
* The staff accommodation study.
* An assessment of the impact of concrete plants on groundwater.
* Changes to the future development and protection of FIND parcels.
* Updates to programs for the repair of City-owned seawalls, wellfield
protection, and street reconstruction.
* An update of school needs, City facilities, tax rates and bonding status.
* LDR amendments.
* Completion of the computerized irrigation system, Tennis Center, Golf
Course Clubhouse, Veterans Park, and the elementary school in the
southwest.
.
City Commission Documentation
Adoption of Comprehensive Plan Amendment 95-1
Page 2
In addition, the Plan Amendment contains four amendments to the Future Land
Use Map:
* Bloods Grove: from County land use designation MR-5 (Medium Density
Residential, 5 units per acre) on the entire 94 acre parcel, to City land use
designations Transitional (10 acres), Medium Density Residential (29 acres),
Low Density Residential (51 acres), and Open Space (4 acres).
* Marina Cay: to remove the Large Scale Mixed Use designation from this 11
acre parcel.
* Jones Property: from County HR-8 (High Density Residential, 8 units per
acre) and MR-5 (Medium Density Residential, 5 units per acre) to City land
use designation of Medium Density Residential on the 18 acre parcel.
.
* Northwest Corner of the City: from the City advisory land use designation
Rural Residential (1 unit per three acres) to the City advisory land use
designation of Low Density Residential (0-5 units per acre) for 118 of the
total 122 acres, and to Transitional for the remaining 4 acres.
The City Commission transmitted the Amendment to the Florida Department of
Community Affairs (DCA), for mandatory review, by action on May 2, 1995. That
review process has been completed and DCA has notified the City, by letter of
June 20, 1995, that no further review is needed and the Objections,
Recommendations, and Comments report is waived. Therefore the City may
proceed to adopt the Amendment.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board held a public hearing on July 17, 1995 to
consider this item. The Board voted unanimously to recommend to the City
Commission that Comprehensive Plan Amendment 95-1 be adopted as
transmitted.
RECOMMENDED ACTION:
By motion, approve the adoption ordinance on first reading, with the appropriate
public hearing scheduled for August 15, 1995.
Attachments:
* Draft adoption ordinance with exhibit
* DCA letter of June 20, 1995
S:'adv\comp\951 CC3
.
ORDINANCE NO. 44-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT' 95-1 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING' AND LAND
DEVELOPMENT REGULAi!' I ON ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 95-1" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections.
163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission
adopted the document entitled "Comprehensive Plan - Delray Beach,
Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 95-1"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on April
17, 1995, in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
95-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 95-1 was
submitted to and reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 95-1 was held
by the City Commission on May 2, 1995, at which time it was authorized
to be transmitted to the Department of Community Affairs for required
review; and
WHEREAS, a report of Objections, Recommendations and
Comments (ORC) has been waived by the State Department of Community
Affairs and said action has been reviewed by the Planning and Zoning
Board, as Local Planning Agency; and
.
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 95-1 was held
on August 15, 1995, in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the IILocal Government
Planning and Land Development Regulation Actll.
Section 2. That in implementation of its declared intent as
set forth in Section 1 of this ordinance, there is hereby adopted the.
document entitled II Comprehensive Plan Amendment 95-111, which is
attached hereto as Exhibit IIAII and incorporated herein by reference.
Section 3. That the document entitled IIComprehensive Plan -
Delray Beach, Floridall is hereby amended pursuant to the document
entitled IIComprehensive Plan Amendment 95-111.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F. S. i or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 44-95
EXHIBIT "A"
CITY OF DELRAY BEACH
E(jI\llI?REI-IENSIIEeI.JIN~MENaMENm95"f
...........-.,.'.....,....,..-......._.-.-.. ',',"_ '_',' '.' . " -. ," .", .-,"' ,-.... ,"_'_'. "." . ",". . . ,. ....... ..". C,"," ._..-_'.........._._..'.._....,.,.,.....'..'.
. . . .':' ':"';"';"'::-"->;:<<:)>:/::--"': .-::, -..." .:, .-: :::< .:;:" ,-"':, :::::"'::. ,:,. ..:". .": _::..-::: -'-::} >:::: ,">:', ...:::::-. :::::: -::-:'. -;. . .. ,', -",-,': /-. -: - -":.-:: . ,- : . .-.:. ;:,.< :::::/",' - .:. - ,::!> ::): .:.....;..>;<:::/.:>...":'.
. ..'....,...,-----........,.....,'...','_.,.,...,.,....---_._..-...'.'....,.,.,.,.,....'.-.-....,..'.',.,'.................-....-...,........'.',--.--...'..,.-.....,-.'....,'.',-.'.-_._-.-.-...,......._-.--............,............--.--...........'....,....-.......',......'.........-.-,.,'............-.,.-............--.,-.........-.'. ;.;.'.;.;...;...,....-:..., .
Location: Pg. III-A-7, Analysis
Change: REVISION
The FIND parcels and the City owned preservation parcel can ~
developed to provide additional access to the Intracoastal Waterway while
maintaining and enhancing the character of the sites as preservation
areas. continue to be maintained in their undeveloped and pr~servation .
state; howevor, the City should take meaSUFeS to insure that this is the
GaS&:-
Location: Pg. III-A-9, Analysis
Change: DELETION
Expansion and incroased resources placed into the wellfield protoction
program.
. Location: Pg. III-A-9, Needs and Recommendations
Change: DELETION
. Computerization of irrigation systems for public spaces 3t a conversion
cost of $50,000 a year for fille years.
Location: Pg. III-A-14, Policy A-3.4
Change: DELETION
Policy A-3.4 An assessment shall be made of tho impact or potenti31
imp3ct of concreto manufacturing operations, which exist l:Jithin the City,
upon groundlNutor contamination. This assessment shall be made in FY
93/94, if not soonor. (c1) (c10)
.
Location: Pg. III-A-18, Policy B-3.3
Change: REVISION
Policy B-3.3 A program tQ ,,":hich will accommodate necessary repair,
replacement, and maintenance of City-owned seawalls along the
Intracoastal Waterway has been implemented by Environmental Services
with the repair and replacement phase to be completed in FY 94/95. &RaU
be preparocl by the Envirenmcmtal Servicos Department in FY 93/9<1.
.
.
Page 2
Location: Pg. III-B-4, Inventory and Analysis - Sewer Facilities
Change: REVISION
The City's wastewater collection system consists of approximately 9Q ~
miles of gravity sewer and force mains which are interconnected to three
master lift stations.
Location: Pg. III-B-5, Performance Analysis - Sewer Facilities
Change: REVISION
. There are approximately 500 more than 1,000 septic tanks within the .
planning area. Many are found in former County enclaves which were
annexed in 1988. An equal amount are located in County areas which
are not yet annexed. The septic tanks in these areas are located in
areas which are nearly level to sloping and which are comprised of the
following soil associations (please reference the background materials
for the Land Use Element for a complete description of soil types):
. S1. Lucie-U.rban Land-Paloa Association
. Palm Beach-Urban Land-Canaveral Association
. Quartzipsamments-Urban Land-Association
. Location: Pg. III-B-8, Performance Analysis - Water Distribution System, Pump
Stations and Storage.
Change: REVISION
. Pumping Systems: The high service pumps and transfer pumps at the
water treatment pl::m have adequate capacity to meet desig n
conditions.
In order to moet fire demand requiremonts with one pump out of
service, &uction piping at the &outh resorvoir should be corroctod.
No improvements are currently necessary for standby pumping.
To meet Level of Service II requirements. future neod& a 3,500 gpm
transfer pump should be added at the 'J.'ater tre3tment plant; additional
Page 3
.
added at the north reservoir...; and 4,000 gpm additional pumping
cap:lCity at the south reservoir.
To meet Level of Service III requirements. replacement and additional
pumps should be added to the Water Treatment Plant to provide a
total capacity of 17.000 gpm. This improvement will be required with
the completion of the southwest storage tank.
. Storage Facilities: Existing storage facilities capacity of .B.....5 ~ mg is
adequate to meet current demand.
Future needs are based upon an LOS which provides required fire
storage plus 12 hours of average daily demand. Modeling shows that
this equates to 11.0 mg storage. it is recommended that additional
storage capacity and improved distribution of storage be provided
through the addition of: of 15% of maximum f10\\' or a.a mg; fire
reserve at 1.5 mg; and emergency rosorvo at 25% of storago. This .
equates to 6.0 mg. This amount of storage is curr-ently providod;
however, it is recommended that better distribution of storage be
provided through the addition of a .5 mg tank in the southeast (Miller
Field), a.2.Q ~ mg storage facility teAk in the southwest, and .aM-:a
mg storage facility teAk and booster station in the north~.
The combined costs for long-term pumping and storage facilities is
approximately $4.700.000 $3,000,000.
. Piping Systems: The Water Distribution System Master Plan (Hazen
and Sawyer. 1992) identified A computer systom used by Post,
Buckley, Schuh, & Jernigan, Inc identified more than 45 individual
segmentG or projects to be undertaken in order to properly
accommodate demand conditions, localized fire demands, and
ultimate peak hour demands. The improvements extend beyond the
planning periods used in the Comprehensive Plan.
The cost for the above facilities approximates $5.800.000. and for
eExtending mains to unserved areas approximates $13,000,000.
. Water system interconnections between the City of Delray Beach's
system and the systems of Boca Raton and Boynton Beach have
been provided in order to accommodate emergency situations among
these communities. This need was identified in the up-date of the
Comprehensive Plan in 1989; and was met by completion of system
interconnections to Boca Raton, Boynton Beach and Palm Beach
County.
Location: Pg. III-B-9, Facility Capacity Analysis - Raw Water Supply
Page 4
Location: Pg. /II-B-9, Facility Capacity Analysis - Raw Water Supply
Change: REVISION
The City's water supply is provided from 2.1. ~ wells in fQw: U:H:ee
wellfields. The eastern wellfield (11) along Dixie Highway, the Series 20
wellfield (6) just east of 1-95, aREi the golf course wellfield (7). and the
Morikami field (3). with future expansion to 12). The wells draw water from
the Surficial aquifer. There are an additional 5 wells in the eastern
wellfield which are not in production due to salt water intrusion (2) and
slight increases in chlorides (3), which can be utilized for emergency
standby.
The design capacity of the wellfields is 49.2 mgd. pursuant to the
consumptive use permit issued by South Florida Water Management
District (SFWMD). This capacity assumes a total of 38 wells and includes .
full development of the Morikami wellfield. 30 mgd. The amount of
withdrawal is established by the SFWMD. through the consumptive use
permit. at 22.39 mgd. South Florida \^Jater Management District
(SFVVMD). The District has limited production from ten of the eastern wells
because of their impact upon salt water intrusion. In Deoember, 1987, the
SFVVMD issued a permit for the withdravlal of 15.7 mgd (23.06 mgd
peak). Upon oompletion of the golf oourse v:ellfields in 1989, restrictions
'Nere lifted. The current average demand is 12.09 mgd 10.94 mgd, with
peak demand at 17.96 mgd 13.33 mgd. The level of service is
established at 195 gpdc (gallons per day per capita) daily average
demand and at 200 gpdc peak demand.
. Under existing conditions the wellfields are operating under
.j capacity (12.09 mgd 10.94 mgd demand, 17.96 mgd 13.33 mgd @
peak demand; 22.39 mgd effective 26.2 mgd capacity).
. At the end of the first planning period (FY 94/95) the '/Jell fields will
still be operating under oapaoity (14. 0 mgd demand I 20.1 peak
demand; 26.2 mgd capacity).
. At build-out (year 2000), the capacity of the existing wellfields will
accommodate demand (15.6 mgd 14.5 mgd demand, 23.4 mgd
~ peak demand; 49.2 mgd 26.2 mgd capacity), with sufficient
reserve capacity to accommodate pump failures or repair of wells.
Location: Pg. 111-B-9 and 111-B-10, Performance Analysis - Raw Water Supply
Change: REVISION
Page 5
.
. The projected life of existing wells extends significantly beyond the
planning period. HmAlever maintenanoe is oostly :md recurring. The
Surficial aquifer is the groundwater source for all communities in Palm
Beach County.
. ^ future wellfield expansion may bo neoossary. Such a neceS"sity will
occur only if it beoomes necess:uy to abandon eastern wellfields
because of salt water intrusion. Such an event is unlikely in the
foroseeable fyture, thys thero are no problems or opportunities to be
addressed with r~spect to expansion or relocation.
. The eastern wellfield and the series 20 wellfield are located in areas
where industrial activities occur. Wellfield protection zones one, two,
aR4 three. and four impact businesses with regulated substances.
Undeveloped land which is zoned industrial is located within the
wellfield protection zones of the series 20 wells.
.
. There are more than 1,000 domestic wells within the planning area.
Many are found in former County enclaves which were annexed in
1988. An equal amount are located in County areas which are not yet
annexed. Although many wells have high concentrations of iron and
leave unappealing residues, there are no instances of unacceptable
water quality, from a health regulations perspective, in the planning
area. The City is programming funds to provide water service to former
enclave areas which are inhabited so that service will be available to
all by the end of the second planning period (Year 2000). Water
service will be provided to existing County areas upon formation of
assessment districts or upon annexation at which time water main
extensions and connections will be required of the property owner.
.
. There are no major recharge areas within the Planning Area.
. The City's raw water pumps can increase oapacity through
rehabilitation of existing faQilities. Suoh 0 program is estimated to cost
$350,000 (PBS&J, 'NTP Master Plan Update, 1989).
Page 6
is responsible, there are many c:lpacity defioienoies. Those defioiencies
arise from the simple faot that storm .....ator management W:lS not a part of
de'lelopment infrastruoture ':,hen most of the lan~. oast. of I 95 W?S
de\'eloped. The oorrection of poor dr:linage oondltlons IS a r~medlal
activity 'Nhich should be undertaken by the City,
Tho City's Engineering Department has undertaken or oontracted for
drainage projects in soveral areas of the City. These include:
.... N. SVlinton!Seacr~6t ^rea (\^/antman) $ 100,000
.... North'.\'eGt Area (BOA) (\"Jith Outfall) $ 1 ,987,000
.... Southwest ^r~a I (R&A) $ undetermined
.... Southwest Area \I (Par:lmount) $ undetermined
.... E:lst Central Aroa, includes CBD (BOA) $ 1,960,000
.... Tropic Palms (City) $ 250,000
.... Bass Croek (City) $ 150,000
$ 25,000 .
.... N.E. 8th Street (City)
.... S.'f!. 1st Avenuo 8. 2nd Streot (City) $ 40,000
.... N.'A'. 7th Court (City) $ 25,000
.... Homewood (City) S 30.000
.... $ 4,967,000
.... The following drainage projects ha'.'e been oompleted as of J:lnu:lry 1, -
1992:
.... Lowson, Homel/lood to E 1 Canal ($ 200,000)
.... S.E. 1st Street from U.S. 1 te IC'/'.'V\' ($ 200,000)
The City's Engineering Dop:lrtment has also preparod prelimin:lry
. estimate~ for improving street and drainage in those former County
enclav~s 'Nhich were :lnnexed to the City in 1988. These inolude:
.... Lake Heights $ 150,000
.... Gulfstre:lm Est:ltes $ 300,000
.... Lake Ida Aroa $ 1,350,000
.... N.E. Fedoral High'Nay $ 650,000
.... Germantovm Area $ 225,000
.... Sil'Jer Terraoe Area $ 150,000
.... LaMatlFederal Highway /\re:l $ 700,000
.... Brandon Drive (VVindward Palm& Sub) $ 110,000
.... Lone Pine Road (unplatted sub) $ 400,000
-+- Greenbrier (VVoodvue Sub) $ 30,000
-+- Delray Shores ^r~a $
-+- Miscell:lneous Sm::lIl Scale Projects S 135.000
. $ 5,690,000
Page 8
.
Location: Pg. III-B-14, Inventory and Analysis - Buildings and Other Facilities
Change: REVISION
The buildings which are under the auspices of the City include:
. City Hall on N.W. 1st Avenue
. City Attorney's Office Utilities BlJilding on N.W. 1st Avenue
. Purchasing \^later Building on Lake Ida Road
. Central Fire Station on Atlantic Avenue NVV 1 st Avenue
. &w: Throe Fire substations #2, #3, aAG #4. and #5
. Environmental Services Complex Publio 'Norks .^,dministmtion on S.W.
4th Street
. Water Treatment Plant Administration Building on S.W. 2nd Avenue
. Public Safety Building (Police) on Atlantic Avenue
. City Marina
.
Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities
Change: DELETION
City Hall expansion \'.'as oompleted in 1990, whioh has plaoed all
development oriented servioes ,..:ithin a single wing and thus f:1cilitating
the provision of governmental servioos. Although no future expansions are
proposed, it will bo necossary to provide additional offioe space for normal
growth in tho administratisn and to accommodate programs proposod in
the Comprehensive Plan.
.
Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities
Change: DELETION
The Central Fire Station no longer pro':ides tho spaoe and faoilities '::hioh
am requirod for modern operations. .^. new Central Fire Station is undor
construction on Atlantic lNenble at N.\^.'. 6th Avenue. It has a soheduled
oompletion data of AlJgust, 1993.
Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities
Change: DELETION
Page 9
A new, temporary, substation (11'5) has boen comploted on Linton
Boulo'Jard at Old Germantown Road, in the south'Nest portion of the
community. Tho permanent Fire Station 11'5 on this cite is currently under
conctruction and is scheduled for completion in ,^.pril, 1993.
Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities
Change: DELETION
Program for additional facilities: Except for reno'lation of fire substations
and relocation of the Central Fire Station, them are no plans or programs
for changes to City buildings and facilities except as provided for in
individual olements of the Plan e.g. wator treatment plant expansion
(\^Jater sub eloment of Facilities Element).
4
Location: Pg. III-B-16, Inventory and Analysis - Buildings and Other Facilities
Change: DELETION
The following need exist:
. additional office space for City Hall employoes who are necessary to
accommodato normal grmvth and the demands for new programs as
reflected throughout this Pbn.
Location: Pg. III-B-16, Needs and Recommendations
~
. Change: REVISION
. The oxisting sewer collection and water distribution master plans need
to be updated and thus take into consideration the new population and
gro'IAh projoctions as contained in this Comprehensive Plan.
. following the 1 QQO Census, reexamination of future wastowater f1o'.""s
should be conducted in order to 'Jerify many of the assumptions which
have gone into the population estimates and projections upon which
current projections have been made.
. Continue the Undertake a program for reduction of III in the sewer
collection system in order to diminish needs for City participation in
sewer plant expansion costs.
. Continue the Establish a program, with funding, for extending water
and sewer mains to unserved, inhabited areas in the City.
Page 10
.
. Reassess water and se'....er rates in light of long term capital needs
and make provisions for a 'Nater and sel/.'er revenue fund bond to
oover such oblig3tions.
Location: Pg. III-B-17, Needs and Recommendations
Change: REVISION.
. Implement the Stormwater Master Plan to correct drainage
deficiencies throughout the City. Undertake a city "....ido drainage
assessment study 'Nhioh will updato and UGO oommon assumptions
and oritoria of the drainage projects identified in the inventory and
analysis. E&tablish priorities based upon adopted oriteria. Provide
funding through a rovenue bond baoked by a ne'.\' funding source Le. a
drainage faoilities fee.
.
Location: Pg. 111-B-17 I Needs and Recommendations
Change: DELETION
. Undertake :1 spaoe needs . study in order to estim:1te offioe
requirements for the st:1f.f of the City ,^,dministration and determine the
best methods for housing suoh st:1ff.
Location: Pg. III-B-22, Policy A-1.3
. Change: REVISION
Policy A-1.3 All existing septic tanks which are located in sewered ef
sO'.\'erable areas throughout the City shall be removed from use,
throughout the City pursuant to Florida Statutes Section 381.272. A
program to this effect shall bo prepared through the update of the Master
Sewor Plan. As a part ofthe Master Se\4Jer Plan Update (Objective C 1),
the following sh:111 be addresGed:
...... an identification of oritical :1reas shall be
...... oompleted;
...... a program for the inspeotion of existing septio
...... t:1nks shall be instituted; and
. existing o'.vners (operators) of septic t:mks sh:lIl be informed of
amortiz:1tion roquiremonts.
Page 11
Notwithstanding the provisions of this policy, a8ny septic system deemed
to have an adverse impact on the environment shall be immediately
abandoned and connection made to the central sewer system (soe Policy
C 5.3 for related policy). (B1)(B2)(B5)(C4)
Location: Pg. III-B-22, Policy A-1.4
Change: REVISION
Policy A-1.4 Programming of improvements to the sewer system shall
place a high priority upon the rehabilitation of portions of the original
system which experience infiltration and leakage. The progr::1m includes
detection and elimination of combined sewage and storm se~A'ers. (See
Policy C 5.1 for rel3ted policy). (B5)(C1)
.
Location: Pg. 111-B-24, Objective B-2
Change: REVISION
Objective B-2
Even though the City has projected an adequate water supply, it shall
provide for increasing draw and the potential of reduced capacity through
salt water intrusion and/or extended drought conditions through increased
use of existing wells. development of new wells and development of
alternative technologies and methods of providing water. as opposed to
developing ne'.\! ~.\'ells, and it shall enhance the ar-oa's ~JJater supply
. through the development of diffoFent methods of providing Vo'{ltor. This
objective shall be met in the performance of the following: (2b)
Location: Pg. III-B-27, Objective C-1
Change: REVISION
Objective C-1
The water and sewer master plans shall be kept current through regular
updates of the data and projections. Currant data regarding the location
and condition of w:Jter and sowor mains and their attendant distribution
and collection facilities togethor 'Nith an upd:Jte of system needs sh:J1I be
pro~Jided through an upd:Jte of the Master VV:Jter Pl3n :Jnd M::1ster Se~.ver
Pl3n, including atlases. These studies shall includo ::1 life cycle ::1n:Jlysis of
system componentG and shall set forth preventative m:Jintenance
Page 12
.
schedules. If not aocomplished prior to FY 92.'93, this item shall be a top
funding priority in the FY 92J93 budget.
Location: Pg. III-B-27, Policy C-1.1
Change: DELETION
Policy C 1.1 Until such time as the updated studies aro oompleted, minimal
expenditures shall be made on new faoilities, and limited expenditures shall be
made on system r~plaoement
Location: Pg. III-B-27, Policy C-1.2
Change: DELETION
.
Policy C-1.2 Upon oompletion of the updated studies, the then current
fivo year capital impr-o'lement program for 'Nater and se'.'.~r faoilities shall
be reviowed (pursuant to policies in tho Capital Impro'.~ement Element)
and revised accordingly
Location: Pg. III-B-28, Policy C-1.3 (NEW)
Change: ADDITION
Policy C-1.3 (New) The water distribution system computer model shall
. be updated annually to project system needs and account for revised
population estimates. This update shall also estimate current and
projected per capita levels of consumption.
Location: Pg. III-B-28, Policy C-1.4 (NEW)
Change: ADDITION
Policy C-1.4 (NEW) The wastewater collection and transmission system
computer model shall be updated annually to project system needs and
account for revised population estimates. This update shall also estimate
current and proiected per capita level of consumption.
Page 13
,
Location: Pg. III-B-28, Objective C-2
Change: REVISION
Objective C-2
Upgrading of current sewer collection facilities shall occur on an
accelerated schedule. System upgrades shall be funded through annual
set a sides in the Water and Sewer Renewal and Replacement Fund.
(See Objective C-5 for implementing policies. Upon Qompletion of the
studios identified in Objective C 1, a five year program for improvement of
existing systems shall be established. It shall be funded through a utility
revenue bond, and physicol improvements financed by the bond shall
begin within tv.-o years after completion of the studies.
.
Location: Pg. 111-8-27, Policy C-2.1
Change: DELETION
Policy C-2.1 Until such time a& the bond program i& establi&hed,
dedic3ted funding shall be pro\'ided to increase the number of manholes
which are repaired on an annual basis from 10 15 to 25 30. This shall
commence in FY QO!~1. (Deleted by Amendment 95-1)
Location: Pg. III-B-27, Policy C-2.2
. Change: DELETION
Policy C-2.2 Until such time as the bond program is oetablished,
dedicated funding shall be provided to increase the number of lift etatione
which ara upgraded and repaired on an annual basic from ~ 6 to 12. Thie
shall commence in FY QO!Q1 and is a high priority due to the potential
adversity caused by lift station failure. (Deleted by Amendment 95-1)
Location: Pg. III-B-28, Objective C-3
Change: REVISION
Objective C-3
All unsewered areas within the City's service area shall be sewered by the
year 2000. (See Objective C-5 for policies to implement this objective).
Page 14
. .
Location: Pg. III-B-28, Policy C-3.1
Change: DELETION
Policy C-3.1 Limited funding shall be provided for oxtension of sewer
mains unti.1 such timo as the financial requiremonts for current system
upgrading are determined. \j\J.hile provision of ne'..' se'Jler mains shall be
secondary to the FOpairing and upgrading of existing facilitios, the
installation of service to areas of en'.(ironmental degradation shall be of a
top priority.
Location: Pg. III-B-28, Policy C-3.2
Change: DELETION .
Policy C-3.2 The bond issue identified in Objecti\'e C 2 shall also contain
funds for the installation of sewors to all developed ar.eas \\(ithin the City's
servico aroa.
Location: Pg. III-B-29, Policy C-5.2
Change: REVISION
Policy C-5.2 Annual allocations shall be provided for upgrading system
upgrading by components (Le. manholes, hydrants, etc.) in the Water and
. Sewer Renewal and Replacement Fund.
Location: Pg. III-B-29, Policy C-5.3
Change: REVISION
Policy C-5.3 Upgrading of existing systems to construction and level of
service standards and extension of new facilities to unserviced, inhabited
areas shall be financed through annual set asides in the Water and Sewer
New Capital Outlay Fund. a '/later and se\4:er revenuo bond. If
necessary, a r:::lte increase shall be instituted.
Location: Pg. III-B-29, Policy C-5.4
Change: DELETION
Page 15
Policy C-5.4 Priorities for projocts under the bond shall initially fa'Jor
upgrading with tho lator year& favoring new installations.
Location: Pg. 111-8-31, Objective D-3
Change: DELETION
OQjective D-3
Pro'.'isions are to be made to accommodate sp3ce needs for normal
gro':Jth of administr3ti'.(0 Gtatt and the Gpocific needs croatod in
accomplishing the policies of this Plan.
Location: Pg. III-B-31, Policy D-3.1 .
Change: DELETION
Policy D-3.1 After adoption of the Plan, a study shall be undertaken of the
ways in which the 3ccommodation of staff can bo made. This study sh311
be completed in FY 92/93 if not sooner. Options which 3re to be revie'l.'ed
shall include:
a) lease of office'space along Atlantic fNonue,
b) expansion of existing City Hall.
c) consolidation of office facilitios to City H311 3nd the Public 'Norks
complex,
. d) remote locations for now administrative units tied together through
- the computer systom.
Location: Pg, III-B-31, Objective E-1
Change: REVISION
Objective E-1
By the beginning of FY 91/92 a A capital improvement program directed
specifically to storm drainage and runoff management ~ shall have
been adopted by the City Commission, and capital projects, as identified
in that program, shall be implemented with funding to come from the
Stormwater Utility Fee. commence upon completion of dr3inage projects
funded by the 1989!90 General Obligation Bond program. (b1, b2) (81)
Page 16
.
Location: Pg. III-B-32 Policy E-1.1
Change: DELETION
Policy E-1.1 This program sh::111 assess needs City wido; sh::111 establish :3
list of oriteria by which needs will be e':aluatod; and sh::1/1 establish a
priority for all projects.
This program shall be oompleted during FY 92/93. (B1)(C1)
Location: Pg. III-B-32, Policy E-1.2
Change: DELETION
Policy E-1.2 Criteria for determining project priorities shall plaoe more .
importanoo upon property protection than upon pollution oontrol up to the
point whore such pollution may signifioantly degr::1de the environment or
constitute ::1 hazard. (see related Policy!\ 2.1). (C1)
Location: Pg. III:.B-32, Policy E-1.4
Change: REVISION
Policy E-1.4 Minimum dQesign standards for determining the scope of
drainage projects shall be such as to establish a level of service at least
, equal to the standard of retaining the first one inch of runoff. or 2.5 inches
.. of water storage times the percentage of impervious area or runoff from a
one hour, throe year storm event, whichever is greater, to protect water
quality.
Location: Pg. III-B-32, Policy E-1.6
Change: REVISION
Policy E-1.6 High priority should be given to tho dr::1in::1go needs of the
are::1S listed in tho CO::1stal Management Element Policy D <1.1.
Location: Pg. III-B-32, Policy E-1.7
Change: DELETION
Page 17
Policy E-1.7 The major trunk Iineloutfall, for the basin 28 drainago project
shall be constructed in conjunction with beautification improvements to
George Bush Boulevard in order to :achieve cost s::JVings g3ined through
p:articipation with the developer of the Anchorage.
Location: Pg. III-B-32, Policy E-3.2
Change: DELETION
Policy E-3.2 The 41 stroets identifiod in the 1985 inspoction report as
needing reoonstruction shall be considered 3S projoots in the G.O. Bond
alloc3tion for street reconstruction. In addition to thoso streets, additional
needs as containod in the 1989 street inspection update shall be
consider~d . l\ priority list which inoludes the stroets from both reports
shall bo preparod in the summer of 1989 and shall be the basis for
detormining streets to be reconstructed pursuant to the 1989 G.O. Bond .
election
..
Page 18
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OPEN SPACE AND RECREA TIOtt.EJ....EM.ENI
Location: Pg. III-D-13, Needs and Recommendations
Change: DELETION
..... A tennit: stadium and 12 tennis courts \'.~er~ constructed in 1 QQd at the
site of the municipal tennis center. a additional courts are to be
constructed at this location. Tho completion of the municipal tennis
complex should ba completed expeditiously in order to maximize its
usa and benefit to the community.
Location: Pg. III-D-17, Policy A-2.5
Change: REVISION .
Policy A-2.5 The following listing is hereby established as the general
priority list for the funding of major capital improvements which pertain to
recreational facilities. Policies A-2.a through A-2.8 along with the policies
embodied in the Capital Improvement Element shall be followed if it
becomes necessary to alter priorities. (Project descriptions and estimated
costs are found in the "Inventory" section of the Recreation and Open
Space Element.) (c5)
FIRST PLANNING PERIOD, 1990-1995
..... Golf Course Club House
.; . Completion and enhancement of the Pompey Park Community Center
. SECOND PLANNING PERIOD, 1995-2000
. Development of the Catherine Strong Center area (including Carver
Middle School facilities) into a community center.
. FIND parcel (MSA 650).
. A new park in the southwest portion of the planning area
..... Either refurbishing and expansion of tho municipal tannis canter or its
rolocation.
Page 19
COASTALMANAGEM~~MENI
Location: Pg. III-F-26, Objective C-6
Change: REVISION
. Vetera!1's Park Rodevelopment (see C 6.1)
. Marina Historic District (see C-2)
. FIND parcel (MSA 650)
. Atlantic Avenue Improvements (see C-6.3)
. Snorkel and Scuba Park (see C-6.4)
. Providing Additional Marina Facilities Along the
. Intracoastal Waterway (see C-6.5)
Location: Pg. III-F-26, Policy C-6.1 .
Change: DELETION
Policy C 6.1: Veteran's Park provides opportunitie& for varied community
activities. Provisions have boen mado for short term mooring of small boats,
thus providing additional acce&sibility to the aroa.
.
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Page 20
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FUTURE LAND USE ELEMENT
Location: Pg. III-G-26, Policy B-2.6
Change: REVISION
Location: Pg. III-G-26, Policy B-2.6
Change: REVISION
Policy B-2.6 All site plans and plats which have direct access to State
facilities shall be referred to FDOT. Permits from FDOT shall be obtained
prior to approval of final plat. [LDR Section 2.4.2(c)(2)(c)]
.
Location: Pg. I II-G-32 , Policy C-3.6
Change: DELETION
Policy C d.6: Tho City shall continue to mgain its prominence as a "tennis
community". To m3ch this stature, tho municipal tennis center shall be
completed pursuant to the development plan appro':ed in 1992. Funding
sh311 be made a\'ail3ble for finishing construction in FY 92/93.
Location: . Pg. III-G-35, Policy D-1.1
.
- Change: REVISION
Policy D-1.1 The City supports the School Board's adopted policies
related to creating and maintaining racially balanced schools as part of an
overall program to achieve this objective. The Board's policy strives
toward a student population that is comprised of no fewer than 20%. nor
more than 48% black students. an 80/20 ratien of non bl3ck to black
student population.
Location: Pg. III-G-35, Policy D-1.2
Change: REVISION
Policy D-1.2 Through pursuit of the "Sharing for Excellence In Schools
4-Q.QQ 1994" plan and program as presented by residents of the City and
Page 21
endorsed by the City Commission, a racial balance reflecting a student
population that is comprised of no fewer than 20%. nor more than 48%
black students. shall be achieved in the planning period. of no gre3ter
th3n 60/40 shall be met in 1990.
Location: Pg. III-G-35, Policy 0-1.3
Change: REVISION
Policy D-1.3 The City shall not participate in new housing projects which
would will further exacerbate the current imbalance of racial mix for each
local school district until the School Board's policy for racial balance is
achieved. '.\'ithin the school 3ttondance zones of 10031 sohools until such
time 3S a 60/40 mix is achievod.
.
Location: Pg. III-G-35, Policy D-2.3
Change: REVISION
Policy D-2.3 Achieving better cohesiveness of neighborhoods by
lessening the number of school attendance districts to which students are
assigned, and/or the number of students bussed out of the City. through
drawing such boundaries by adding or subtracting areas adjacent to
existing districts rather than by drawing from enclaves located elsewhere.
. Location: Pg. III-G-36, Policy D-3.2
Change: REVISION
Policy D-3.2 The City shall work with aREI the School Board sRaU
cooperate to pboo sohools 3nd provide appropriate infrastructure a.mf.
physical plant improvements pursuant to the "Sharing for Excellence in
Schools 1994" plan in such a manner as to achieve the objectives of this
goal area.
Location: Pg. III-G-36, Policy D-3.6
Change: DELETION
Page 22
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Policy D-3.6 Tho City and the School District shall work toward
constructing and placing in operation, a new elomentary school in Delray
BO:lOh south of Linton Boulo'lard and east of Military Trail.
Location: Pg. III-G-36, Policy D-3.10 (NEW)
Change: ADDITION
Policy D-3.10 The City shall work with the School Board toward
constructing and placing into operation: a new elementary school in the
southeast portion of the City. a new middle school in or adjacent to the
City. and a new high school in or adjacent to the City. pursuant to the
"Sharing for Excellence in Schools 1994" plan.
.
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Page 23
CAPITAL IMPROVEMENT ELEMENT
Location: Pg. III-H-4, Existing Revenue sources and Financing Mechanisms
Change: REVISION
Controllabre Revenue Sources:
. Ad Valorem Taxes: FY ~ ~ operating levy of M.S ~
mills; capacity is 10 mills
. Utility Tax: FY ~ ~ rate is 9.5% (an exemption for
residential makes their rate 8.5%); capacity is
(electrical bills) 10%. Excess capacity can be
used for a revenue bond.
.
Location: Pg. III-H-6, Existing Revenue sources and Financing Mechanisms
Change: REVISION
. Municipal Bonds:
. The City has issued seven ~ general obligation bonds
outstanding since 1970.
. Two special obligation ~ revenue bonds are currently
outstanding.
. Three +we water and sewer enterprise fund revenue bonds are
outstanding.
Page 24
AMENDMENTS TO THE FUTURE LAND USE MAP
1. An amendment on 94.815 acres from County land use designation MR-5
(medium density residential. 5 units per acre) to City land use designations
Transitional (10 acres), Medium Density Residential (29 acres), Low Density
Residential (51 acres), and Open Space (4 acres) in connection with annexation.
2. An amendment on 11.11 acres to remove the Large Scale Mixed Use
Designation.
3. An amendment on 18.10 acres from County HR-8 (High Density Residential, 1
unit per acre) and MR-5 (Medium Density Residential, 5 units per acre) to a City
land use designation of MDR (Medium Density Residential, 5-12 units per acre)
in connection with annexation.
.
4. An amendment to the City advisory designations on 121.86 acres to achieve
consistency with the existing County land use designation of MR-5. The change
in the advisory designation will be from Rural Residential to Low Density
Residential for 118.35 acres, and to Transitional for 3.51 acres.
S:\ADV\COMP\AMD95-1
Page 25
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt!?1 <t
SUBJECT: AGENDA ITEM # }~, D - MEETING OF AUGUSTA. 1995
ORDINANCE NO. 45-95
DATE: JULY 28, 1995
This is first reading of Ordinance 45-95 amending LDR Section
4.4.10(G) (5) (c) regarding restrictions to advertising on auto-
mobiles in the AC (Auto Commercial) District. The existing text
specifically forbids the display of any advertising, flags, .
pennants, streamers, balloons, signs, or vehicle stock numbers on
any vehicle or equipment, except required information on a
sticker affixed to a side window. Display of similar items to
attract the public's attention is also prohibited on the dealer's
lot, buildings or vehicles. There have been problems with
administration of this section of the LDR's due to some unclear
and confusing language. The amendment clarifies this language,
but does not make any substantive changes in the LDR's.
The Planning and Zoning Board considered this item at its meeting
of July 17, 1995, and recommended approval by a 6 to 0 vote.
Recommend approval of Ordinance No. 45-95 on first reading. If
passed, public hearing on Augu~L ~~, 1~~5.
9/5/95
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ORDINANCE NO. 45-95 --
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-.
-.
AN ORDINIt-NCE OF THE CITY COMMISSION OF THE CITY OF -.
-
.-
, DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, .-.
I "AUTOMOTIVE COMMERCIAL (AC) DISTRICT" , SUBSECTION -
-
,
i 4.4.10(G) (5) (c), OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY
!t RESTRICTIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES
r
II IN THE AUTOMOTIVE COMMERCIAL ZONING DISTRICT;
li PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
I' AND AN EFFECTIVE DATE.
II
II WHEREAS, pursuant to LOR Section 1.1.6, the Planning and
i Zoning Board reviewed the subject matter at its meeting of July 17, .
" 1995, and has forwarded the change with a recommendation of approval
'i
II
ii by a vote of 6 to 0; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
i' Planning and Zoning Board, sitting as the Local Planning Agency, has
,. determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
1: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
il CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
:'
!!
Ii Section 1. That Chapter Four, "Zoning Regulations", Article
.1 4.4, "Base Zoning Districts", Section 4.4. 10, "Automotive Commercial
;
I (AC) District" , Subsection 4.4.10(G)(5), "Use and Operating
!
I . Restrictions", subparagraph 4.4.10(G) (5) (c), of the Land Development
II Regulations of the City of Delray'Beach, Florida, be, and the same is
hereby amended to read as follows:
t:
ij (c) Other than information which is required by law
'j to be posted on vehicles displayed on a sticker .,
II affixed to a side window. ~~ advertising, flags,
i: ~~t_;tWpi /~1.;,w"l pennants, streamers, balloons,
" signs ~~~pi/;.piy/y~~;t~1._"I/~t;t~~,. or vehicle stock
ii numbersl/~t/~~~~t/;tpi~~t~;.~;t~pi/;.,./t~~~;tt_~/~~/~~
II
il ~~,.~_~/~pi/,.~~~/y~~;t~1.~_/~Y/1.;.~/~~~~t/~~;.pi/~~~pi/;.
II
_t;t~~_t/;.~~;t~~~/t~/;./,.;t~_/~;tpi~~~I/~t shall not
be displayed on any vehicle or equipment.
I .s.,.imilar objects, gimmicks, or advertising
I designed to attract the public's attention
I ~~~f_;tt_ shall ~ be displayed outdoors / /(jJt
I ~~~pi 2n any l2t..... building, vehicle, ~t /~;.1.1.1
~t~~t/t~;.pi/;tpi_;t~_/;./~;tpi~~W/;.,./~;.Y/~_/~_t~;t~~~~
~Y / /$_~t;t~pi / /"/~/7 / or equipment except as
I permitted by Section 4.6.7.
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ordinances -
Section 2. That all ordinances or parts of in - -
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this -
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4 . That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1995. .
,
MAYOR
ATTEST:
I' City Clerk
H First Reading
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" Second Reading
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Ii - 2 - Ord. No. 45-95
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
/J~~
THRU: DIANE DOMING EZ, IRECTOR
DEPARTMENT OF PLANNING AND ZONING
/~
FROM:
SUBJECT: MEETING OF AUGUST 1,1995
LDR TEXT AMENDMENT TO SECTION 4.4.10(G)(5)(c) AUTOMOTIVE
COMMERCIAL (AC) DISTRICT CLARIFYING RESTRICTIONS
ON SIGNS AND OTHER DISPLAYS ON VEHICLES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of a
proposed modification to Section 4.4.10(G)(5)(c) of the City's Land Development
Regulations (LDRs).
BACKGROUND:
. Richard Bauer, City Code Enforcement Administrator recently contacted the City
Attorney's office to request a revision to LDR Section 4.4.10(G)(5)(c), regarding
restrictions to advertising on automobiles in the AC zoning district. The current
regulations are difficult to understand and may be in conflict with provisions of LDR
Section 4.6.7 regarding display of flags.
The City Attorney's Office proposes the attached changes to Section 4.4.10(G)(5)(c)
to clarify existing provisions specifying prohibited items and locations. The proposed
text specifically forbids the display of any advertising, flags, pennants, streamers,
balloons, signs, or vehicle stock numbers on any vehicle or equipment, except
req~ired information on a sticker affixed to a side window. Display of similar items to
attract the public's attention is also prohibited on the dealer's lot, buildings, or vehicles.
Planning And Zoning Board:
The Planning and Zoning Board considered this item at its meeting of July 17, 1995.
Representatives of three dealerships: Joe Camarata, Dennis Fronrath Chevrolet; Art
Taylor, O.C. Taylor; and Dan Burns, Dan Burns Oldsmobile spoke at the public
.
.
City Commission Documentation
Adoption of the West Atlantic Avenue Redevelopment Plan
Page 2
hearing to request further information regarding the proposed changes. None voiced
objections regarding the proposed amendment. The Board voted unanimously (6-0)
to recommend approval.
Recommended Action:
By motion, approve, on first reading, the attached text amendment to LDR Section
4.4.10(G)(5)(c)
Attachment:
P&Z Memorandum Staff Report
.
.
,
City Commission Documentation
Adoption of the West Atlantic Avenue Redevelopment Plan
Page 3
Section 4.4.10(G)
(5) Use and Operating Restrictions:
(a) Except for automobiles, trucks, pickup trucks, vans, jeeps,
motorcycle and recreation vehicles, no other outdoor sales or display
of any materials, products, or goods shall be permitted. No industrial
equipment shall be sold, leased, rented, or otherwise stored within
the AC District. However, wherever reasonably possible as
determined by the city, trucks other than pickup trucks, vans, and
jeeps shall be displayed in areas which are separated from a street
by an outdoor display area for other permitted vehicles, customer or
employee parking areas, or buildings.
(b) No vehicle shall be parked with its hood or trunk open, nor elevated
off the ground in any way. Vehicles shall not be parked in any right-
of-way or driveway.
(c) Other than information which is required by law to be posted on
vehicles displayed on a sticker affixed to a side window. Na
advertising, flags, foreign flags, pennants, streamers, balloons,
signs, upon any vehicles prioes, or vehicle stock numbers or othor
information as required to be postoa on vohicles by la'/.' other than
upon a stioker affixed to a side window, or shall not be displayed on
any vehicle or equipment. Ssimilar objects, gimmicks, or advertising
designed to attract the public's attention off site shall 1lQ1 be
displayed outdoors, or upon any on any 1Qt, building, vehicle, or wall,
othor than inside a windo':.' as may be permittod by Section <1.6.7 Q[
. equipment except as permitted by Section 4.6.7.
(d) Except for existing areas designated for off-loading, any areas
designated for the off-loading of vehicles or for loading and
deliveries shall be located to the rear of buildings and shall be
located so as to contain noise on-site. These areas shall not be
located closer than 100 feet from any residentially- zoned lot, and
shall be appropriately designated, marked, and signed.
(e) Dealers are prohibited from using residential streets for the testing of
vehicles after servicing and for the demonstration of vehicles.
[Amd. Ord. 2-92 02111/92]
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( ( /
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
LOR AMENDMENTS
MEETING DATE: JULY 17, 1995
AGENDA ITEM: V.F.
SUBJECT: LDR TEXT AMENDMENT TO CLARIFY RESTRICTIONS ON
SIGNS AND OTHER DISPLAYS ON VEHICLES IN THE AC
ZONING DISTRICT
LDR REFERENCE: SECTION 4.4. 1 O(G)(5)(c) AUTOMOTIVE COMMERCIAL (AC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on a
proposed modification to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the City.
BACKGROUND:
.
Richard Bauer, City Code Enforcement Administrator recently contacted the City Attorney's
office to request a revision to LDR Section 4.4.10(G)(5)(c), regarding restrictions on
advertising on automobiles in the AC zoning district. He indicates that the current
regulation is difficult to understand and may be in conflict with provisions of LDR Section
4.6.7. He requested a change to clarify the regulation of displays on vehicles for sale.
ANALYSIS:
The current text of Section 4.4.10 prohibits the attachment of advertising items, such as
flags and signs, to displayed vehicles, structures, or other features of automotive
dealerships (light poles, etc.). Exceptions to those prohibitions, such as display of flags and
window signs are listed in LDR Section 4.6.7. However, as the Code Enforcement Division
is experiencing difficulties with enforcement due to a lack of clarity the attached amendment
is proposed.
V.F.
.
P & Z Memorandum Staff ( 'ort (
Meeting of July 17, 1995 LDR Text Amendment - Section 4.4.1 O(G)(5)(c)
Page 2
The changes to Section 4.4.10(G)(5)(c) are suggested by the City Attorney's Office to
clearly specify the prohibited items and locations. The proposed text specifically forbids the
display of any advertising, flags, pennants, streamers, balloons, signs, or vehicle stock
numbers on any vehicle or equipment, except required information on a sticker affixed to a
side window. Display of similar items to attract the public's attention is also prohibited on
the dealer's lot, buildings, or vehicles. Exceptions to those regulations are specified in
Section 4.6.7.
RECOMMENDED ACTION:
By motion:
Recommend approval of a text amendment to LDR Section 4.4.10(G)(5)(c) to restrict
advertising on automobiles, as attached in this report.
Attachments:
o Letter of request .
Report prepared by: Jeff Perkins. Senior Planner Date 7/11/95
.
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MEMORANDUM
TO: David Tolces, Assistant City Attorney
THRU: Lula Butler, Community Improvement Director
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: LOR SECTION 4.4.10(G)(5)(C)
DNl'E: May 18, 1995
Subject code section is the anti-gimmick ordinance enacted by the
City for the AC district.
As we previously discussed, the wording of subject section is
poor in that words or phases have been omitted. In addition, the
prohibition against "flags, foreign flags" contradicts sections
4.6.7(B)(12)(a)(1) and (2).
Below, I have included the ordinance section as it currently
reads and below the above, my proposed revision.
1- Current Ordinance
(c) No advertising, flags, foreign flags, pennants,
streamers, balloons, signs upon any vehicles, prices or
vehicle stock numbers, or other information as required
to be posted on such vehicles by law other than upon a
sticker affixed to a side window, or similar objects,
gimmicks, or advertising designed to attract the
public's attention off-site shall be displayed
- outdoors, or upon any building, vehicle, or wall, other
than inside a window as may be permitted by Section
4.6.7.
2. Proposed Ordinance
(c) Except for information required to be posted on
vehicles by law and except for information displayed on
a sticker affixed to a side window, no advertising,
flags, pennants, streamers, balloons, signs, prices or
vehicle stock numbers shall be displayed on any vehicle
or equipment; similar objects, gimmicks, or advertising
designed to attract the public's attention off-site
Ghall not be displayed outdoors on any lot, building,
....ehicle, or equipment except as permitted by Section
4.6.7.
If you agree that the current ordinance is jumbled up, you might
want to discuss my proposed revision with the Planning Director.
RB:mh
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJi11 ~
SUBJECT: AGENDA ITEM # 1:<' E - MEETING OF AUGUST ~ 1995
ORDINANCE NO. 46-95
DATE: JULY 28, 1995
This is first reading of Ordinance No. 46-95 amending the Land
Development Regulations regarding platting requirements and
procedures.
.
The proposed amendments to the LDR regulations regarding platting
are intended to correct problems related to interpretations and
application. The suggested amendments will maintain the benefits
of platting, while providing relief to unnecessary and burdensome
regulations. In addition, to assist applicants in the prepara-
tion of plats and required procedures such as bonding, staff has
developed standards for the form and format of plats, financial
guarantees, inspection fees, and project completion items.
The Planning and Zoning Board formally reviewed this item on
April 17, 1995, and recommended approval by a 5 to 0 vote.
Recommend approval of Ordinance No. 46-95 on first reading. If
passed, public hearing on August 15, 1~95-:
9/0/9~
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ORDINANCE NO. 46-95 . ..
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF --
--
,I DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(H),
..
i! II SUBMISSION (PLATTING) ITEMS It, SECTION 2.4.3(K),
II "FEES" , SECTION 2.4.4(E), "EXPIRATION OF APPROVALS II ,
\,
:1 SECTION 2.4.5(L), "MODIFICATION TO RECORDED PLATS",
il SECTION 2.4.9(C), "RECORDING OF PLATS II , AND SECTION
Ii
2.4.10, "FINANCIAL GUARANTEES" , OF THE LAND
Ii DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
It FLORIDA, REGARDING PLATTING REQUIREMENTS AND
:: PROCEDURESj AMENDING CHAPTER FIVE, "SUBDIVISION
Ii
II REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS BY
II REPEALING ARTICLE 5. 1, II GENERAL PROVISIONS", IN ITS .
I'
I; ENTIRETY, AND ENACTING A NEW ARTICLE 5. 1, II GENERAL
ii PROVISIONS"j PROVIDING A GENERAL REPEALER CLAUSE, A
!I
" SAVING CLAUSE, AND AN EFFECTIVE DATE.
.,
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 17,
1995, and has forwarded the change wI th a recommendation of approval
:: by a vote of 5 to OJ and
i;
" WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
,
,
:1 Planning and Zoning Board, sitting as the Local Planning Agency, has
"
"' determined that the change is consistent with and furthers the
,
Ii
I, objectives and policies of the Comprehensive Plan.
Ii
il NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
II .
" CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Ii
!' Section 1. That Chapter Two, "Administrative Provisions",
H
., Article 2.4, "General Procedures", Section 2.4.3, "Submission
,
"
I! Requirements" , Subsection 2.4.3(H), tlSubmission (Platting) Items", of
the Land Development Regulations of the City of Delray Beach, Florida,
" be, and the same is hereby amended to read as follows:
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,. (H) Submission (Platting) Items: A preliminary or final I
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it plat shall contain the items identified in the following subsections.
ii
Ii All plats shall be drawn at a scale of 1"=20" or 1"=30' unless a
different scale is allowed, in advance, by the City Engineer. All
plats shall be drawn on a sheet which is 24" by 36".
I (1) The Preliminary Plat: A preliminary plat shall be
clearly titled "Preliminary Plat". It must encompass all of the land
which is under the legal description contained in the warranty deed(s)
and shall show the following information: . I
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I (a) Items 1-5, 6-9, 20 and 21 of the' Standard
I Plan Items listed in Section 2.4.3(B).
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(b) The name and location of adjacent I
subdivisions and lots.
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(c) All existing easements (recorded or apparent) I
and existing (internal) property or lot lines
along with notations as to the purpose of the !
easements and reference of their recording
instrument. Existing easements and lot lines
which are to be removed, abandoned or
relocated shall be shown in dashed lines.
.
( d) The proposed boundary lines of new lots and
tracts and easements. All such lines shall I
be dimensioned and the purpose of easement I
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and of restricted use lots and tracts shall i
be identified. I
(e) All streets shall show proposed street names.
(f) The proposed location of street trees shall
be shown if the subdivision is not associated I
with a site plan or landscape plan
submission. A separate exhibit shall show I
street tree specifications and planting
details. For small subdivisions, the street
tree plan may be submitted in the form of a
. narrative.
(g) The proposed location of street lights shall I
be shown if the subdivision is not associated I
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with a site plan or landscape plan I
submission. A separate exhibit which !
identifies the type of street lights and the i
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responsibility for installation and I
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maintenance shall be provided. I
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(h) If all of the land is - not to be subdivided I
into individual lots but retained in a future
.. development tract, the preliminary plat must
'. show the general location of the anticipated
,.
i! street pattern, routing of utilities, points
Ii of access, and the proposed use for such
:' tracts.
~ I
- 2 - Ord. No. 46-95 !
:
i' f
,
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-- -- - ~
I '.
(i) A dedication statement shall be provided..&..1
I
I ";1tjJ.p~y~tl 11.'1. lvi~~~ lvitjJ't I)s~ 1_";1tjJ.pvi IllSvi 1't";1~ IjJ'J,,."t
_";1~~"tJ The dedication shall be in the format
shown in Vl.~~t~/7J~J~~r~ the City Subdivision I
Forms. Variations can be made to accommodate
unusual situations; however, such variations i
must be first agreed to by the City Engineer.
I When the dedication statement provides for
! ~ common areas, a separate narrative is to be
"
" provided which describes the proposed method
of ownership and maintenance.
,
I. ( j ) A _l.gvi,."t~t~/~'J.tjJ~~/_";1,.'J.'J./)s~/jJttjJYl.~~~II~tjJ.p~y~tl .
l."t/vi~~~/vitjJ"t/)S~/_~tjJ.pvi/tjJvi/"t~~/jJ'J.,."t/_~~~~J//~~~
signature block shall be provided in the
format shown in vt~~t~ /7/~/~~77 the City
Subdivision Forms. I
,
I
i
Vl.g~t~/7J~J'/J~r~
$1~~~~~~/~~~~~~1~~~/$1~~~~~~1
~~~~~~1~~~1 I
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~~)S~l.~~tllSvi
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.p,.tt,.vi~t/~~_~l~J/~~~'tI}6_lt__llS'J.Y~~/llStl'PillS~_~J ,
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., 1~~/LLLlname/0f/B~~dfYfsf0nY//II~~~/1~~1~~~/~~~1~~1~~1~~/1~~~~W~1
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"
I; 11tjJ~~tjJ.ptvigl/,.t~I/~~,.~jJ~~_//.p";1t~";1II_";1llS~~~II}6~II~llS~ttl.~~111,._
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II I
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~"tt'J.tttljJ~tjJtjJ___J !
- 3 - Ord. No. 46-95
.
.
-
1U~11'/~f 11._/)1~t~)St 1~~~1.rt;.t~~ Itr/J It)1~ 1~1.tt Ir/J, 1~~1.t.t 1~~.rt)1
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16tl._t~/~..r/Jrtt;(~tr/J~J j
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rr ~~~1.~.tY~/Wt1.1.tttlt~J~JJ/~;(~~P\~~t_l_t~/P\_~~/t~/t)1~/_~~~ttt~
J: _~tYt~~/~tr/JYt~~tl;(_lt~~t~;(t~~/)1~t~r/J~J
I
- 4 - Ord. No. 46-95 i
I
1
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,
---- -
'I -
;l~ lif;l1~~~~ IJf)l~J(~l?)' I It~_ /_)6~y_ lri_pi_~ I I I I I I I I I I I I I~_~ 1~_J4t_~ /t~_~_
I ~t___rit_It~/~_I_tw~_~/t~t_IIIIIIII~_t/~tlll//////1IJ~LLL/
/1
: 't~J4t_/~/~/~~f~ I
~1~~~~J(~/l~11J(l?)Y~~1/~;l~~~1~J(J/J~l?)~~ !
1~;l~/1~~1/~'11~~/LL{~ame/0f/z~~divizi0~YLLIW~~/~11~l?)Y~~/~~/1~~/LLL/~~1 I
! l?)'I///I/I///'/~/~/IJ~LLL'/J1/1~J/~;l1~/~l?)~~;l~~;ll?)~/l?)'11~J/~;l1~/l?)'/~J~~~
I' J~~~~II'~l?)jl;l~~/
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, ////////1//////111////////1/// ~11J~111/1//////I///////////////// i
~~l?)jl ~;l1~/~~~jl~
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~~t_t/JJ4t~~t~wll?)ttt~t_~ 'tt_/~~t~tllJl i
I
//111111//////////11////////// //1/1/1111//////1/////////////////
~tt_~t~t/~t/~tt~ttt_~/l~l ~tt_~t~t'11_t~~/_~~/J(~~t~.t~~rilt~1
tJ1IIJ(_~J4tt_~/~~~t/~~_t_It~_t_It~/_/~tt__tlri.~_/~tl_/~~.~~_ I
t~/.~~t__~t~~/lri~t/t_~J4tt_~/t~t/~~J4~~.tt/~~.t~/ I
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" J(_~J4tt_~ I~~l-t /~~_~ /__~_~_~t_ /_t_ I~t~y~~_~ /t~t /~.t_t I
. _ri~/~tl__~_t/~_tyt~_~/ ,
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l~J//J(_~J4tt_~/~ril-t/~~_ri/l-_~~/t~/~_~t~_t_~/t~t/~_t~~/PJ4tp~~_~ I
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~t I~_t~~_t. I_t_ /pt~yt~_~ It~ /~t /_~~~~~t~_ /. /~~)6l-t~ I
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_tt~_t/ I
,
Ii (2) A Final Plat shall be drawn at a scale of 1": 20 I or
1" : 30 I . Individual sheets, their size, marginal lines, and other !
drafting considerations shall comply with requirements of Palm Beach ,
,
County for the recordation of plats. Where the final plat requires I
i
more than one sheet, each sheet shall be keyed to a master map. The I
final plat shall show the following: ,
i
;i
il (a) A map showing the location of the subdivision with
II
!! respect to Section or Government lot lines.
., I
.,
"
i, (b) A title block as provided on the preliminary plat. I
:\
I
- 5 - Ord. No. 46-95 i
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(c) Boundary lines drawn in compliance with F.S. 177, - -
,
Land Boundaries. - .-
.-
(d) The accurate location material of all permanent -.
reference monuments. I
,
I
(e) The exact layout, including street and alley I
i
lines, street. names, bearing angles of
intersection and widths (including widths along
the lines of any obliquely intersecting street) ,
lengths of arcs and radii, points of curvature and -
'.
j, tangent bearings, all easements or rights-of-way
" where provided; all lot lines with dimens ions in
" feet and hundredths and with bearings or angles ~t .
if other than right angles to the street or alley
lines.
(f) Lots numbered in numerical sequence beginning with
number one in each block, and blocks numbered in
numerical order or lettered in alphabetical order.
(g) The accurate identification of all property which
is to be dedicated or reserved for public use
including open drainage courses and easements, and
all property that may be reserved by covenants in
deeds for the common use of the property owners in
the subdivision with the purposes indicated
, thereon.
I'
'. (h) Mortgagee statements of consent. in the format
provided in the Citv Subdivision Forms.
(i) Title Certification by an attorney-at-law or title I
company. in the format provided in the City I
Subdivision Forms.
i
( j ) Standard Dedication Statement. in the format i
provided in the City Subdivision Forms. I
I
(k) Standard Signature Block. in the format provided
in the City Subdivision Forms.
,
I (1) Surveyors Certificate attesting to the accuracy of
! the survey and the placement of permanent
j; reference monuments. in the format provided in the
i' City Subdivision Forms.
,
- 6 - Ord. 46-95 !
No. i
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---- ---- -. _. - -- - ,
./ -
j (m) Name of the subdivision centered at the top of the
I page and a north arrow with scale.
I
Section 2. Tha t Chapter Two, II Administrati ve Provisions",
Article 2 .4, "General Procedures", Section 2.4.3, "Submission I
Requirements", Subsection 2.4.3(K), "Fees", of the Land Development I
Regulations of the City of Delray Beach, Florida, be, and the same is I
!; hereby amended to read as follows:
i'
( K) Fees: Processing fees shall be collected for
~ ~ development applications. The fees shall be as established herein and
j! as modified by ordinance of the City Commission. ~~yt~~li /f.~~~ /_t~
II __t__~~t/__t_~~t_~_li/____~tt__t/_tt~/_li_~tt__/_f./t~_/~~li~_t/f._t/___~ ..
II
f.t___~/t__tJ
(1) Development Applications: v___ /_____t_t~li /~tt~
The following fees shall be charqed for development applications ,.t_ I
,.~~~t__~~~ /~~t /t~_ /f._~~_Ytt_rA. All fees are cumulative and separate I
unless otherwise indicated. Combined' applications shall provide \
multiple fees. I
(a) Comprehensive Plan Amendment $ 2,000 I
(b) Review of an ADA/DRI $ 1,000
(c) Voluntary Annexation with Zoning $ 1,000
(d) Rezoning of Land $ 900
'..
., (e) Modification of a SAD Ordinance
if to add a use or uses $ 450
(f) Conditional Use, new application $ 450
Modification requiring Board review $ 200
Modification with Administrative review $ 50
(g) Master Plans $ 500 (1)
(h) Formal review of a Sketch Plan $ 500
;. [Section 2.4.1(B)]
I
j'
fi (i) JilU~JC RESERVED
II ( j ) Site Plan Review, new application $ 500 (1)
II
II (includes landscaping plans and
architectural elevations)
Modification requiring Board review $ 500
; Modification with Administrative review $ 50
;; - 7 - Ord. No. 46-95 I
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(k) Extension requests for a previously -
.-
approved oonditional use or site plan --
I --
Ii . .
(only one fee is required if both items .'
. -
--
are being extended for one project)
-- project has commenced construction $ 150
-- no construction $ 500
(1) Plats I
Boundary Plat or Minor Subdivision $ 300
I- I
Preliminary Subdivision Plat $ 500 (1) I
Final Subdivision Plat $ 1,000 I
Combined Preliminary & Final Plat $ 1,000 ( 1 ) ..
Plat Recordinq Fee ill
.
(m) Abandonments _ I
- I
Right-of-way $ 500 ~ I
General Easements $ 200 I
Specific Easements $ 50 i
,
I
(n) Master Sign Program $ 100 I
I
(0 ) Variance through the Board of Adjustment I
I
or the Historic Preservation Board $ 150 I
I
I
(p) Formal interpretation by the Board of !
Adjustment $ 25 -. f
I
( q) Certificate of Appropriateness by Board $ 25 ( 2 ) I
it. i
I
(r) Certificate of Appropriateness by I
I
Administrator $ -0- I
I
( s ) Request for Historic Designation $ 25 ,
(t) Hearing before the Board of Construction I
;
Appeals (per item) $ 25
,
(u) Temporary Use Request involving City !
,
Commission action $ 100 ,
i
j
(v) Water Service Agreement Request
., without conourrent site plan $ 100
\ --
;: -- with conourrent site plan $ -0- I
j:
;: I
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Ii I
i
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- 8 - Ord. No. 46-95 i
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NOTES: .
II (1) Plus an a~dditional fee of $100 per acre. or any
fraction thereof. beginning at 5.01 acres, f/."(1{)'/F/."(1y
tt.~tt~~/t~_t_~t, up to a maximum of $3,000 per - .
project. i
I
(2) This fee shall be credited against any other i
I
processing fee which may be applicable to the
request. I
I
.'
.lll 830.00 for the first sheet of the plat. 815.00 for
I. each additional sheet. or as modified from time to
time by Palm Beach County. payable to Palm Beach.
County,
(2 ) Plan Check Fees: Plan Check fees are required for a .- I
I
project whose proposed construction exceeds $20,000 and when building I
I
plans are required by Section 105.3 of the Building Code. I
. I
(a) The Plan Check fee shall be paid when building
plans are submitted to ap~ly t~tl.pp;rt~.tt~~ for I
the applicable permit. The fee shall be equal to !
one-hal.f (1/2 ) of the building permit fee [see - I
item (3)(h)]. This Plan Check fee shall be !
credi ted to the cost of the applicable permit at t
I' I
j ~ its time of issuance.
I
"
( b) A Change to Plans or Shop Drawings Fee of $15 for
" the first sheet plus $1. 00 per each additional I
sheet shall be charged for any plans not submitted
with the original permit application. I
Section 3. Tha t Chapter Two, "Administrative Provisions", I
Article 2.4, "General Procedures", Section 2.4.4, "General Procedures ,
Pertaining t6 Approval of Land Use and Development Applications", I
Subsection 2.4.4(E), II Expiration of Approvals", Subparagraph
I. 2.4.4(E)(4), "Abandonments, Final Plats, Variances", of the Land I
t
Development Regulations of the City of Delray Beach, Florida, be, and i
the same is hereby amended to read as follows: I
;i (4) Abandonments, Final Plats, Variances are final
Ii .
Ii
i! actions which run with the land. However..:..' I. It1."(1;.1- Ip1-.'" I'V.." IlD_
!! 1.~.t_~/~"I.~tt~~/~tlt~_/~1.t"/~~~~1.._t~~/l~__/$_~tt~~1~J~J~t~JJlDJIJ
i!
j. I
1!
I
- 9 - Ord. No. 46-95 !
it
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i
:
___ u
I' .La.l m~ E~ hi t~ ~ ~-s~. ~~~ . r
il
..
I 7i~~1 ~;::hs~ust I ~e ::~or~;:ati ~~~~ e~iht~~~
I
i recorded within eic;hteen C 181 months. the
I. - I
approval expires.
I
1.b.l A final plat may be vacated by action of the .- I
City Commission [See Section 2.4.5CLll. - f
I
Section 4. Tha t Chapter Two, "Administrative Provisions", - I
I
! Article 2.4, "General Procedures", Section 2.4.5, "Procedures for
Obtaining Development Approvals", Subsection 2.4.5(L), "Modifications
to Recorded Plats", of the Land Development Regulations of the City of
t, Delray Beach, Florida, be, and the same is hereby amended to read as .
follows:
eL) "~~~t~~_t~~~./t~ Vacation of Recorded Plats: -
..
( 1 ) Rules:
t.J//"~~ttt~.tt~~~1
1 ~/~~~ttt~_~t~~/~~/_lt~~~t~~~/~~.~/~_t/~. I
~.~./~t/./_~~.t.t_/~~g.~/t~_tt~~~~~/w~_~
.~~~/I~~~t1t~.tt~~llt~Y~~Y_.I/~~~t//t~~ I
~~~.tt~~ /.~~/~t /~~t~~._ I~t 1_.._~.~t.1
t~~ /.t.t~. I~t /~t~~_ttt /~~~t~.t.~ 11~t
~~~~t~/~t/~ttY.t~/~__I/~t/~~~~./~~~t_~~J
. 1~~/~ttt/~t/~~~t.t/~..~~/~~_t/~~/./~.ttt
" t~/.~~~/._~.t.t_/~.W.~/t~_tt~~_~tJ
.
1 ~~t/I~~~ttt~.tt~~I/t~II.I/t~~~t~~~I/~~.t
w~t~~/t~Y~~Y_.lt~_/~_g.~/~_.~tt~tt~~/~t I
./~.t~_~,/t~~~~~t~g/./~~.~g_/t~/~~~.tt~~ I
~t/_/~~t/~~~~~.tt/~t~_II_~.~~/t~~~tt_/.
t_~~.t'/~1/.t/~_..t/t~.t/~~ttt~~/~tlt~_ ,
~ttgt~.~/~~_t/~~t~~/t.I.11_~t~~J ,
I
1
(4~) Vacation: A plat, or any part of a plat, may
be vacated by the owner of the land at any time prior to the sale of
i; any lot therein provided that the vacating is approved by the City
ii Commission. When lots have been sold, a plat may be vacated only if
I: all the property owners join in written execution of such in writing.
it (2 ) Required Information: The following information -
II
I' . I
, must be submitted in order to ~~~ttt/~t vacate a recorded plat:
i' I
.1 Ord. No. 46-95 I
I: - 10 -
i
i
i
,
!,
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.
-- . - .- -
I * Proof of ownership pursuant to 2.4.3(A)(3)
I * A certified copy of the plat which is to be
I -~~~ttt_~/~t vacated
* A petition, by letter, stating the action which is
..
sought and the basis therefore \
* The legal instrument which is to effectuate the
-.
~~~ttt~_tt~~//~t vacation. J~//t~_//~_~_//~t//_ I
~~~ttt~_tt~~1 /_ /t~t~_~ /t_~~~~tt~~ /~t /t~_ /~t~t I
I; ~~~~t__t~~/~_t/;t~yt~~/t~_/_;;t~;tt_t_/t~_tt~~_~t/
,.
,.
.' 1
I (3 ) Procedures: A request for ~~~ttt~_tt~~ / /~t i
vacation of a recorded plat shall be accomplished in the following
manner: .
(a) Submission of required information received
and certified as being complete. I
i
(b) Review by the Planning and Zoning Board with
respect to appropriateness of the proposed
action and its implications on .t.llil publ ic ' s I
rights in any of its public uses, I
improvements, streets, etc.
(c) Review of the proposed legal instrument which i
will effect the ~~~ttt~_tt~~/~t vacation with I
I
respect to form by the City Attorney.
"
" (d) Consideration by the City Commission at which
,. time the request may be approved or denied. I
.,
.. (e) ~~~~t~_tt~~ Recording of the legal instrument - I
,. pursuant to procedures as set forth by the I
i City Clerk. I
, I
(4 ) Conditions: A ~~~ttt~_tt~~/~t vacation instrument f
- :
may not be conditionally approved; however, said instrument may
contain provisions which require the applicant to mitigate adverse I
t~;~t~_tt~~_ impacts associated with the ~~~ttt~_~t~~/~t vacation. I
., I
" (5 ) Findings: Prior to approving a ~~~ttt~_~t~~ /~~I
~t vacation of a recorded plat, the City Commission must find that the
Ii abandonment of any affected public interest which had been created by
i.
!: the plat or any public improvement which was to have been provided in
ii implementation of the plat, but which would not now be required, shall
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!: not have a significantly adverse impact upon the City's ability to
obtain, retain or maintain public facilities or tests of concurrency. '\
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I Section 5. That Chapter Two, "Administrative Provisions", -
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.1 Article 2.4, "General Procedures", Section 2.4.9, "Certification of -
Actions Taken", Subsections 2.4.9(C) and (D) , of the Land Development . .
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f ~ Regulations of the City of Delray Beach, Florida, be, and the same is : !
hereby amended to read as follows: I
(C) J_~~t~.~t~~ Recording of Plats: i
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( 1 ) Financial Guarantee Required: Upon approval of
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I' the final plat for a subdivision, a reproducible mylar of the plat
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,. shall be executed by the Mayor and other appropriate officials. The
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II signed mylar shall be retaineQ. by the City Engineer until ~ ~
!: recording fee r2.4,3(Kll and a financial guarantee (2.4.10) for the. :..
installation and/or warranty of public improvements has been filed. I
(2 ) ~PPXt~.~~'_///J~_P~~.t~tJt~1///~~///J~~~t~ fiat
Recording: Upon release by the City Engineer, the City Clerk I
.~~~~~.~~/l~t/.~~~~l shall cause the final plat to be recorded in the I
pub"lic records. 1~_/_~~~~~_~~/_~_X~/~~_~/~t~y~~_/~~_/~t~t/~~~t~/~t~~ -
~~~ /~~~t~_ /~f. /~~~ /_~~~j!1i /~~_'t /JZ\_t~j!1i /~t~~ /~'t_ /t~~~tli_'t~~~ /~}4JZ\1zS~tJ
;, Building permits shall not be issued for structures until such time as
,: the 'Plat has been recorded. ~~~t~_ /~f. /~~_ /t~~~t~~~ /~~_'t /~_y~ /1zS~~~
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i' ~t~yt~~Ii/~~/~~~/~t~tJ
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(D) Recording other Documents:J_~~t~.'tt~_.i Whenever
documents are to be recorded as a condition of approval, the applicant -
il is responsible for recordation and providing certified copies of the
. recorded document to the City Clerk in a number as prescribed by the
Ii Clerk. Recordation of official City documents (e. g. a Resolution of
I, Abandonment of an Easement) shall be made under the auspices of the
!: City Clerk.
;! Section 6. Tha t Chapter Two, "Administrative Provisions",
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Article 2.4, "General Procedures", Section 2.4.10, "Financial
Guarantees", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
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., Section 2.4.10 Financial Guarantees: This section sets forth the
,. parameters and procedure associated with providing a financial
guarantee to insure the timely and proper installation of public
I: improvements which are required to support the proposed development.
Ii
II (A) Items which require a financial guarantee: Any
ii improvement for which the City will assume responsibility or which is
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necessary to adequately provide service to, or on, a site shall have
provisions for guaranteeing its installation and that it properly
:! functions. Such improvements include, but are not limited to:
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,. - 12 - Ord. No. 46-95
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II * Water mains and fire hydrants
* Sewer mains and lift stations _..
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* Drainage systems whether publicly privately . -
or ---
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maintained . -
* Street improvements whether on public or private
street systems
* Street lighting
* Traffic signal installation
~ : * Any improvement which is to be located in a public
! ~ right-of-way
; * Street trees -
!: * Landscaping pursuant to Subsection (G) ~~
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(B) Required in-lieu of improvements: A financial
guarantee may be provided in lieu of installation of infrastructure I
improvements in situations where a developer desires to have a final
plat recorded or a site plan certified prior to installation of such
improvements. Such financial guarantee.must be provided to the City
Engineer, in a proper form ,($}4)6__~~'!lZSJ\/~J (Subdivision Forms) , prior
to the City Engineer releasing an approved plat for recordinq I
t_~lZSt~_~'!lZSJ\ or prior to the City Engineer releasing a certified site !
plan to the Building Department pursuant to the building permit
approval process. i
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(C) Required for warranty: A financial guarantee shall be ;
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! required as a part of an agreement between the City and the developer I
to defray all expenses incurred by the City because of defects in
materials or workmanship used in the required improvements. The I
;! ., guarantee shall be for a minimum period of one year after acceptance I
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of the improvement. [172.40(B) (3)] I
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(D) Amount: The amount of a financial guarantee required
in lieu of improvements shall be equal to 110% of the cost of the ,
improvements as estimated by the developer and concurred with by the I
City Engineer. A financial guarantee for a warranty not associated
with an in-lieu situation shall be for 10% of the cost of original ,
installation. !
(E) Forms: A financial guarantee may take any of the I
!: following forms. However, each individual document must be approved
! ~ by the City Attorney as to form.
ii (1) Surety Bond other equivalent security I
Ii or
j; instrument, conditioned to secure the construction of the required I
I ~ improvements in a satisfactory manner within a one year time period.
The bond shall be executed by a surety company authorized to do ~.I
business in Palm Beach County. No such bond shall be acceptable I
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unless it is enforceable by, or payable to, the City. The surety bond i
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!l shall be in the form provided in the Subdivision Forms.
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(2) Deposit with the City in the form of cash, cash
placed in escrow, a cashier's check, or a certified check. 0 -
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( 3 ) Letter of Credit established with a financial i
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institution wherein the City has access to funds in the event it - !
becomes necessary for the City to complete installation and/or . -
maintenance of the improvements. The letter of credit shall be in the -
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form provided in the Subdivision Forms. I
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I.~J 1~_~//'~~//~_~_~t~t//~ppt~Y_~//'~t//1~_//1_t!~t
,t~~_~tJ
p I
Ii (F) Release of Funds: The City Engineer shall release all. I
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funds at the time of acceptance of improvements with the exception of i
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an amount of 10% which shall be retained for a period of one year I
after acceptance of all improvements. This amount may be used by the I
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City if it becomes necessary to provide for the repair or maintenance !
of the improvement within that one year period. Upon request and at i
the time of acceptance of a specific improvement, the City Engineer I
may release any funds which are provided by deposit or letter of i
credit to the extent that they were provided for the improvement being I
accepted. I
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(G) Landscaping Bond: i
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( 1 ) If the landscaping requirements of this Section I
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have not been met at the time that a Certificate of Occupancy could be I
I; granted and is requested, the owner or his agent must post with the I
;1 .. Building Department a bond of one hundred and ten percent (110%) I
covering the costs of materials, labor and other costs incidental to
i. the installation of the required landscaping. I
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(2 ) A landscape bond will only be accepted in extreme I
,
, hardships where the landscape plant materials are not available due to
drought or freeze, or similar conditions occur that would warrant
acceptance of the bond as determined by the Chief Building Official. !
Section 7. That Chapter Five, "Subdivision Regulations", ,
,
Article 5.1, "General Provisions", of the Land D~velopment Regulations ,
of the City of Delray Beach, Florida, be, and the same is hereby I
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H repealed in its entirety, and a new Article 5.1, "General Provisions", .' I
" is hereby enacted to read as follows:
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!! - 14 - Ord. No. 46-95
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II ARTICLE 5.1: GENERAL PROVISIONS
'I Section 5.1.1 Rule: Whenever subdivision of land is proposed, ~
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before any contract is made for the sale of any part thereof, and
before any permit for the erection of a structure in such proposed -
subdivision shall be granted, the subdividing owner (or his authorized -
agent) shall apply for and secure approval of such proposed - I
subdivision in accordance with the provisions of this Article. - ,
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Section 5.1.2 Pu~ose and Intent: I
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'l The purpose of this section is to promote the public health, safety'-I
comfort and welfare of the City through the harmonious, orderly and.
progressive development of land by insuring: i
(A) The establishment of standards for subdivision design ,~ !
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which will encourage the development of a sound and economically ,
stable community, and the creation of healthy living environments.
(B) The efficient, adequate and economic supply of :c
infrastructure and services to land developments.
(C) The prevention of traffic hazards and the provision of -
safe and convenient vehicular and pedestrian traffic circulation in -
land developments. ,
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(D) The provision of public open spaces in land ,
developments for recreational, educational, and community facilities. I
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(E) Consistency with the policies and goals of 't;he ,
Comprehensive Plan. ,
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(F) Site design respecting unique environmental i
characteristics of the site, and preservation of such characteristics I
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to the maximum extent possible. \
(G) The establishment of standards of design and procedures
for plats and replats, to further the orderly layout and use of land, i
and to insure the proper legal description and monumentation of I
" subdivided land. i
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(H) Consistency with Florida State Statutes, Chapter 177. - I
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Section 5.1.3 Apnlicability: ' -
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Plat Required: A plat is required for the subdivision of any lot,
tract or parcel of land; and for the dedication, layout, opening or -. !
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construction of any street, storm sewer, sanitary sewer, water main, - I
or other facility for public use or for the common use of building ~ 1
occupants. The provisions of this section shall apply to all lands
ii within the incorporated area of the City except as specifically :, I
" exempted.
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q Section 5.1.4 Exenwtions:
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~ ' The following are hereby exempt from the platting procedure:
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(A) The proposed construction of a new building or f 1
structure occupying a previously platted lot in its entirety, to be I
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maintained under a single ownership, or condominium occupied by the i
owner or lessees holding leases other than a divided land lease or I
ownership, whereupon no additional right-of-way is required. I
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(B) A duplex or triplex residence on an existing street, ,
requiring no extension of water and sewer services.
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(C) The combination or recombination of portions of platted - I
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lots where no additional lots are created and the new lots conform to
the development regulations for the applicable zoning district in
" which the properties are located. A survey of the revised lot layout
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" shall be filed with the City Engineer.
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(D) The sale or exchange of parcels of land to or between
adjoining property owners where such sale or exchange does not create I
additional lots and does not reduce any lot to an area less than the
development regulations for the applicable zoning district in which ,
the properties are located, and no dedication or improvements are I
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required under this section. A survey of the revised lot layout shall !
be filed with the City Engineer.
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(E) Conveyance of undivided interests in previously platted I
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lots subject to conformance with the development regulations for the . I
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Ii. applicable zoning district in which the property is located. ~ I
II (F) Other exemptions may be granted after review and . I
approval by the Development Services Management Group (OSMG).
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\! 16 - Ord. No. 46-95 \
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Section 5.1.5 Conwliance With the Comprehensive Plan:
I (A) General: No land shall be subdivided unless such
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subdivision and future use thereof shall be consistent with the Future :
Land Use Map and policies of the Comprehensive Plan. -
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(B) Provision of Land for Facilities: Whenever land which I
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j; is to be subdivided embraces any part of a designated feature within :
an Element of the Comprehensive Plan, that feature shall be included .-
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in the proposed subdivision. Such features shall include, but not be
:; limited to: streets; parks; conservation sites; sites for public u
,. schools; drainage courses; sites for water tanks, lift stations and - '.
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'; similar public utility facilitie&; and easements for water, sewer and.
drainage devices.
Section 5.1.6 Co~liance with Zoning Regulations:
(A) General: All subdivisions shall conform with, at ; I
least, the minimum zoning regulations applicable to the property being
subdivided 1. e. a nonconforming situation cannot be created through .
the act of subdivision unless a variance to such effect is approved by
the Board of Adjustment prior to action on a preliminary subdivision
plat. However, conditions of approval which require mitigation of .
such a situation may be affixed to the approval of final plat in lieu
of pursuing a variance.
, (B) Unbuildable Sites: Land which is found unsuited for
I development due to poor soil qualities, flooding, poor drainage, or
. other features likely to be harmful to the health, safety, and general
welfare of future residents shall not be subdivided as a separate
building site, unless adequate methods of correction and mitigation
are formulated by the subdivision and guaranteed to be observed.
However, such land may be subdivided and identified as a tract of
unbuildable land.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed. I
I
Section 9. That should section. or provision of this
any
I 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
I whole or part thereof other than the part declared to be invalid.
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- 17 - Ord. No. 46-95
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I Section 10. That this ordinance shall become
I' immediately upon passage on second and final reading.
second and final I
PASSED AND ADOPTED in regular session on !
reading on this the day of , 1995. j
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I' MAY 0 R
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I; ATTEST:
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City Clerk j
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First Reading l
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Second Reading I
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Ii - 18 - Ord. No. 46-95
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
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THROUGH: DIANE DOMINGUEZ TOR OF PLANNING & ZONING
i!;,tU~
FROM: ' OHN WALKER, PROJECT COORDINATOR
SUBJECT: MEETING OF AUGUST 1, 1995
AMENDMENT TO LDR SECTIONS 2.4.3(H). 2.4.3(K). 2.4.4(E). 2.4.5(L).
2.4.9(C). 2.4.10. 5.1 and 5.2. REGARDING PLATTING REQUIREMENTS
AND PROCEDURES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that 9f adoption of amendments to the Land
Development Regulations (LDR) relative to platting.
BACKGROUND:
The proposed amendments to the LDR regulations regarding platting are intended to
correct problems related to interpretations, and application. Several deficiencies are
noted in the existing regulations:
. * There are insufficient exemptions to the requirement for platting of small
projects.
* The purpose and requirements for platting are insufficiently explained.
* Clearer descriptions of the procedures for plat recordation, financial guarantees
and the format of plats are needed.
* An expiration date for approved but unrecorded plats is needed.
To correct the deficiencies, several revisions are suggested to the LDRs as shown in the
attachment in strike-through (deletion) and underline (addition) form. These suggested
amendments will maintain the benefits of platting, while providing relief to unnecessary
and burdensome regulations. In addition, to assist applicants in the preparation of plats
and required procedures such as bonding, staff has developed standards for the form and
format of plats, financial guarantees, inspection fees, and project completion items.
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City Commission Documentation
Amendment to LDR Sections Regarding Platting Requirements and
Procedures
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a public hearing on
April 17, 1995. No public testimony was received. The Board voted unanimously (5-0)
to recommend approval of the LDR text amendments.
RECOMMENDED ACTION:
By motion, adopt the LDR text amendments within the attachment.
.
T:\ADV ANCED\SUB5
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CITY COMMISSION DOCUMENTATION
TO:
FROM:
SUBJECT: MEETI~G OF AUGUST 1, 1995
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 92-3
FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of holding the required
public hearing and adopting Comprehensive Plan Amendment 92-3.
BACKGROUND: .
Adopted Comprehensive Plan Amendment 92-2 was found not to be in
compliance with State statutes and rules by the Florida Department of
Community Affairs (DCA). As a result of negotiations with the DCA, a stipulated
settlement agreement was reached describing the changes required to Plan
Amendment 92-2 to bring the Comprehensive Plan into compliance with State
statutes and rules. The agreement was approved by the City Commission on
June 6, 1995 and has been executed by all parties.
.
Under the provisions of the agreement, the City will adopt a remedial
amendment to its Comprehensive Plan. The Compliance Agreement
Amendment, as specified in the agreement, deletes Traffic Element Goal Area
liE", including all of the Objectives and Policies under the goal area. This goal
area described the designation of a interim Transportation Concurrency
Management Area (TCMA) for the downtown. A number of imp'ementing
objectives and policies were included to control and monitor downtown
development and traffic level of service until a Transportation Mobility Element
(TME) could be completed. New legislation, under which staff is establishing the
Transportation Concurrency Exception Area (TCEA) for the downtown has made
this goal area irrelevant. The TCEA will be included with Comprehensive Plan
Amendment 95-2. This amendment (92-3), is not subject to the twice yearly
limitation for amendments.
RECOMMENDED ACTION:
By motion, adopt Comprehensive Plan Amendment 92-3 on first reading, with
appropriate public hearing scheduled for August 15, 1995. .
Attachments: ~ /51' ~
.. Draft ordinance, with exhibit ~ l/"O
.. Stipulated settlement agreement with DCA
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ORDINANCE NO. 47-95 I
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I
DELRAY . BEACH, FLORIDA, ADOPTING COMPLIANCE I
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AGREEMENT PLAN AMENDMENT 92-3 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT",
FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED "COMPLIANCE AGREEMENT 92-3 PLAN I
AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; i
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, .
AND AN EFFECTIVE DATE. .
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the i
provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government.
Comprehensive Planning and Land Development Regulation Act"; and I
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WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled i
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Bnard, as Local Planning Agency, did prepare an I
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 92-2"; and
WHEREAS, the City Commission, following due public notice, held a public hearing on
December 8, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning.
!D1d Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the City Commission adopted i
Comprehensive Plan Amendment 92-2 by Ordinance 63-92; and I
WHEREAS, following City Commission approval, Comprehensive Plan Amendment 92-2 was I
transmitted to the Department of Community Affairs for required review; and I
WHEREAS, on February 22, 1993, the State Department of Community Affairs issued a notice !
of intent to find Comprehensive Plan Amendment 92-2 to not be in compliance; and
WHEREAS, the City and the State Department of Community Affairs entered into a stipulated
; settlement agreement which requires the City to adopt the compliance agreement plan amendment attached i
hereto as Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF I
DELRA Y BEACH, FLORIDA, AS FOLLOWS: I
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Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its
intent to exercise the authority granted pursuant to the provisions of Florida Statutes Se-ctions 163.3161
through 163.3243, inclusive, ~own as the "Local Government Planning and Land Development Regulation '
Act" .
Section 2. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Compliance Agreement Plan Amendment 92-3",
which is attached hereto as Exhibit "A" and incorporated herein by reference. I
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Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby I
amended pursuant to the document entitled "Compliance Agreement Plan Amendment 92-3". 1
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Section 4. That should any section or provision of this ordinance or any portion thereof, any i
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall I
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
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invalid. .
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Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are i
hereby repealed. ,
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Section 6. That this ordinance shall become effective immediately upon issuance of a final i
order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section ;
163.3184(9), by the State Department of Community Affairs, or until the Administration Commission issues a :
final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section!
163.31884(10). i
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- PASSED AND ADOPTED in regular session on second and final reading on this the _ day I
of , 1995. I
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MAYOR I
ATTEST:
City Clerk
First Reading i
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dca.ord i
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2 ORD NO. 47-95
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EXHIBIT "A"
COMPREHENSIVE PLAN COMPLIANCE AGREEMENT AMENDMENT 92-3
TRAFFIC ELEMENT
Location: Pg. III-C-31, GOAL AREA "E" in its entirety
GOAL AREA "E" IT IS A GOAL OF THE CITY TO PROVIDE FOR THE
IMMEDIATE DESIGNATION OF AN INTERIM
TRANSPORTATION CONCURRENCY MANAGEMENT
AREA (TCMA) UNTIL SUCH TIME AS A
TRANSPORTATION MOBILITY ELEMENT (TME) IS
ADOPTED BY A COMPREHENSIVE PLAN AMENDMENT.
THE TME SHALL BE TO PLAN FOR A MUL TI-MODAL,
MULTI-OPTIONAL TRANSPORTATION SYSTEM WHICH .
PLACES LESS EMPHASIS ON ACCOMMODATING THE
SINGLE-OCCUPANCY VEHICLE AND WHICH
ENCOURAGES THE DEVELOPMENT OF COMPACT,
NON-AUTOMOBILE ORIENTED URBAN AREAS,
PROMOTES ENERGY EFFICIENT DEVELOPMENT
PATTERNS, PROTECTS AIR QUALITY, AND PROVIDES
FOR THE MORE EFFICIENT MOBILITY OF RESIDENTS,
VISITORS, AND GOODS. [9J-5.0057(7)(b)]
Objective E-1:
In order to access the flexibility allowed in establishing levels of service
standards and toward the goal of establishing a convenient, energy efficient,
multi-modal transportation system which compliments the proposed land use
pattern, and while preparing a Transportation Mobility Element (TME) addressing
the entire jurisdiction, the City Commission hereby designates the area
described in the 'Village Center" development scenario, Figure L-8 in the Future
Land Use Element, as an interim Transportation Concurrency Management Area
(lCMA). This interim TCMA designation shall be effective for a maximum period
not to exceed thirty-six months from December 8, 1992 during which time a TME
shall be prepared and adopted. [9J-5.0057(7)(a)]
Policy E-1.1 : The interim lCMA designated within Delray Beach shall
automatically become null and void if the Delray Beach City Commission does
not adopt a TME as a comprehensive plan amendment within the time frame
prescribed by Objective E-1. [9J-5.0057(7)(a)]
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Policy E-1.2: The levels of service standards established for the interim TCMA
shall be valid for no longer that the time frame prescribed by Objective E-1.
Should the City fail to adopt a TME within the time frame prescribed by Objective
E-1, the levels of service standards established for the interim TCMA's shall
automatically be rescinded and the level of service standard in place for
development not in the TCMA shall take affect. [9J-5.OO57(7)(a)]
Policy E-1.3: The City Commission shall have the authority to impose specific
limits on the amount of development permitted within the interim TCMA and such
limits shall be valid for no longer than the time period prescribed by Objective E-
1. Said limits of development shall be as defined in Table L-2a of the Future
Land Use Element. [9J-5.OO57(7)(a)]
Policy E-1.4: The Planning Department shall prepare monitoring status reports
on a six month basis. Said reports will reflect changes in the amount of
proposed, approved, built and total existing conditions relative to land use
density and intensity in the TCMA. [9J-5.OO57(7)(b)] .
Policy E-1.5: The impacts of trips generated by development within the TCMA
will be measured against the levels of service for TCMA and Gateway roads
shown in Table 6 of the Traffic Element. The impact of trips from all other
development with traffic impacts on TCMA and/or Gateway roads will be
measured against the general levels of service as defined in Objective B-1. All
road LOS determinations shall be made on both a daily and peak hour basis.
[9J-5.0057(5)(c)1 ]
Policy E-1.6: Developments within the TCMA shall use the existing grid system
of streets within the TCMA and surrounding downtown area for traffic distribution
purposes.
Policy E-1.7: For mass transit facilities located within the Downtown interim
TCMA, the level of service standards shall be as established in the County
Comprehensive Plan. [9J-5.OO57(5)(c)1]
Policy E-1.8: The specific limits on the amount and type (by land use) of
development permitted within the Downtown interim TCMA shall be as
established in the 'Village Center" development scenario as defined in Table L-
2a of the Future Land Use Element. [9J-5.OO57(7)(b)]
Policy E-1.9: The Traffic Engineer of Delray Beach shall set up a monitoring
program to track new development approvals within the boundaries of the
Downtown Interim TCMA. The sum of the new development approvals shall be
compared to the land use intensities in Table L-2a. The Traffic Engineer shall
submit a report to the office of the Planning Director every six months comparing
the sum of new development approvals to the quantities in said Table.
Page 2
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Objective E-2
In order to assure intergovernmental coordination, the City shall coordinate the
designation of the interim TCMA with other entities.
Policy E-2.1: Pursuant to County Comprehensive Plan requirements, prior to
the time the City transmits a comprehensive plan amendment designating one or
more interim TCMA's, the City shall petition the Board of County Commissioners
(B.C.C.) to establish interim level of service standards for collector or arterial
road links and gateway road links that are not the responsibility of the City
pursuant to County Traffic Element Objective 13.
Policy E-2.2: The City Commission accepts the authority of the Board of County
Commissioners to impose conditions upon the approval of any interim level of
service standard which impacts a road not under City jurisdiction, including but
not limited to, monitoring and status reports, phasing requirements, roadway .
improvements, bikeway and pedestrian system improvements, and
Transportation Demand Management (TDM) and Transportation System
Management (TSM) measures.
Objective E-3
Within thirty-six (36) months atter the adoption of comprehensive plan
amendment setting an interim TCMA, the City Commission shall adopt a
Transportation Mobility Element (TME). The TME shall provide for a safe,
convenient and energy efficient multi-modal transportation system. The TME
shall meet the provisions of the applicable state statutes and administrative
rules, and requirements of Palm Beach County. [9J-5.0057(5)(b)1]
Policy E-3.1: In the development of its TME, Delray Beach shall establish level
of service standards during the peak hour for roads and transit facilities within its
jurisdiction atter consultation with the Florida Department of Transportation, the
County, and any affected local governments. [9J-5.0057(5)(b)1]
Policy E-3.2: In the development of its TME, Delray Beach shall provide for the
control of connections and access points of driveways and roads to roadways.
[9J-5.0057(5)(c)2]
Policy E-3.3: In the development of its TME, Delray Beach shall establish
parking strategies that will promote use of alternatives to the single-occupant
automobile. This Policy should be coordinated with the City Parking
Management Team. [9J-5.0057(5)(c)3]
Page 3
.
Policy E-3.4: In the development of its TME, Delray Beach shall establish
strategies to promote bicycles and pedestrian activities. [9J-5.0057(5)(c)5]
Policy E-3.5: In the development of its TME, Delray Beach in cooperation with
Palm Beach County shall establish strategies to achieve or maintain clean air
quality, promote energy conservation and efficiency, and reduce the number of
vehicle trips typically expected to be generated by new development or
redevelopment. [9J-5.0057(5)(c)6]
Policy E-3.6: In the development of its TME, Delray Beach shall establish
Transportation Demand Management (TDM) programs to modify peak hour
travel demand and reduce the number of vehicle miles traveled per capita within
the City, County and region. [9J-5.0057(5)(c)7]
Policy E-3.7: In the development of its TME, Delray Beach shall establish
Transportation System Management (TSM) strategies as appropriate to improve .
system efficiency and enhance safety. [9J-5.0057(5)(c)8]
Objective E-4:
Within the time frame prescribed by Objective E-1, Delray Beach shall coordinate
the transportation network with the future land uses shown on the future land use
map in order to direct intensive development to the TCMA and ensure that
existing and proposed densities, housing and employment patterns, and land
use relationships and intensities within the TCMA will support the transportation
modes and services proposed to serve the TCMA. [9J-5.0057(5)(b)2]
Policy E-4.1: Delray Beach shall establish site and building design standards
for development around fixed rail transit stops in order to assure the accessibility
of new development within TCMA's to fixed rail transit vehicles. [9J-
5.0057(5)(c)10]
Policy E-4.2: Delray Beach shall establish numerical indicators against which
the achievement of mobility goals can be measured. Such indicators could
include modal split, annual transit trips per capita, automobile occupancy rates,
number of pedestrians and bicyclists. [9J-5.0057(5)(c)11]
Objective E-5
Within the time frame prescribed by Objective E-1, Delray Beach shall coordinate
the transportation network with the plans and programs of any applicable Palm
Beach County Metropolitan Planning Organization, County, County Public
Transit Authority, Florida Department of Transportation's (FDOT's) Adopted Work
Program, affected local governments, affected redevelopment agencies, and
affected special districts with transportation powers. [9J-5.0057(5)(b)3]
Page 4
Policy E-S.1: Delray Beach shall continue its application and enforcement of
Traffic Element policy A-2.2 requiring acquisition, preservation, or protection of
existing or future transportation rights-of-way and corridors designated in Table
T -4 of this Element. [9J-5.0057(5)(c)4]
Policy E-S.2: Delray Beach shall coordinate roadway and transit service
improvements with .the future needs of seaports, airports, and other related
public transportation facilities. [9J-5.0057(5)(c)9]
Policy E-S.3: Delray Beach shall establish strategies, agreements and other
mechanisms with County, regional and state agencies that demonstrate the area
wide coordination necessary to implement the transportation, land use, parking
and other provisions ofthe transportation mobility element. [9J-5.0057(5)(c)12]
Policy E-S.4: Delray Beach shall provide for the coordination between the
transportation mobility element's goals, objectives and policies and the capital .
improvements identified in Rule 9J-5.016, F.A.C. the TME shall also be
coordinated with the Capital Improvements Element of this Plan. [9J-
5.0057(5)(c)13]
Policy E-S.S: Delray Beach shall establish strategies to encourage local traffic
to use alternatives to the Florida Intrastate Highway System to protect its
interregional and intrastate functions. This policy shall be considered partially
satisfied by the creation of the Downtown TCMA. [9J-5.0057(5)(c)14]
Objective E-6
Within the time frame prescribed by Objective E-1, Delray Beach, in coordination
with designated transit and paratransit providers, shall address the provision of
efficient mass transit and paratransit services based upon existing and proposed
major trip generators and attractors, safe and convenient mass transit terminals,
and accommodation of the special needs of the service population and
transportation disadvantaged. [9J-5.0057(5)(b)4]
Policy E-6.1: Delray Beach shall establish level of service standards at peak
hour for transit facilities within the City after consultation with the Florida
Department of Transportation, and the transit and paratransit providers. [9J-
5.0057(5)(c)1]
Policy E-6.2: Delray Beach shall establish numerical indicators against which
the achievement of mobility goals can be measured. Such indicators could
include modal split, annual transit trips per capita, automobile occupancy rates,
and numbers of pedestrians and bicyclists. [9J-5.0057(5)(c)11]
Page 5
.
Change: DELETION
COMMENT: The goal area is deleted in response to provisions of a Stipulated
Settlement Agreement between the City and DCA.
.
Page 6
.
MEMO From
CITY MANAGER'S OFFICE
TO:'~.~ Date: 7P~~S-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jt1
SUBJECT: AGENDA ITEM # /3./ - MEETING OF AUGUST 1. 1995
RAMBLIN' ROSE REPORT
DATE: JULY 28, 1995
The last amendment to our agreement for the Ramblin' Rose
requires the City Manager to give a six month report. No
complaints concerning the Ramblin' Rose operation have been
received in my office since the license agreement was amended.
Other relevant correspondence is attached.
No Commission action is required on this item.
.
. .
)-1
[IT' DF DELRR' BER[H RECEIVED
JUN 1 9 1995
DELRAY BEACH
f ( 0 R I [) .... CITY MW' {'-...'" (IFF ICE
bad
100 N,W, 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 407/243,7000
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1993 MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Ramblin' Rose Riverboat
DATE: June 19, 1995
Per your memorandum of June 13, 1995 concerning the Ramblinl Rose,
neither David Tolces, Assistant City Attorney, nor I have received any
complaints concerning the operation of the Ramblin' Rose. The only times
I am aware that the boat operated dockside were those times approved by
City Commission as a part of a celebration or activities taking place in
the downtown area.
Parks and Recreation
JW:cp
Ref:rroseupd
@ Printed on Recycied Paper THE EFFORT ALWAYS MATTERS
'.
, .
HAMBLIN ROSE RIVERBOAT [77v 1
-- -
December 12, 1994
Mr. Joe Weldon
Director of Parks and Recreation
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Mr. Weldon,
Please be advised that on Saturday, December 10, 1994, the
Ramblin' Rose boarded passengers at the usual time of 6:30p.m.,
but did not depart the dock until 7:25p.m. The departure was
delayed due to the Atlantic Ave. Christmas Parade. Several
of our passengers unfamiliar with Delray Beach~r.became lost
after pOlice closed off Atlantic Ave. and divered traffic to
side streets. Many of these people were forced to park several
blocks away from the vessel due to the conjestion of the evening.
Also be advised that on Friday, December 9 , 1994, during the
Christmas boat parade, several citizens complained to Ramblin'
Rose office manager, Jennifer McLaughlin about the lack of
restrooms at the park. Mrs. McLaughlin stated to me that she
witnessed approximately 20-30 mothers with children using the
back side of our office as an "outhouse." Can you advise us
as to the solution to this problem for future events?
Sincerely,
I{$<< /~~
I
Capt. Dane L. Mark
President
CC: Mr. David Harden; City Manager
Mrs. Susan Ruby; City Attorney
001 Atlantic Ave Delroy Beach. FL 33483 Ph:(407)243-D686 Fx:(407)243-4069
.
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f.: HAMBLIN HOSE
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APR 2 0 1995
:.1 Ii W" '\ !.
April 20, 1995
Mr. Harden
City Manager
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Mr. Harden,
Please be advised that as per license agreement the Ramblin'
Rose Riverboat will be utilizing the first three of the
thirteen allotted days per year, to remain dock-side during
the "Delray Affair. "
The Ramblin' Rose will also offer afternoon cruises along
with the normal evening cruise per each of the three day event.
Sincerely,
.) ,;;:~d-
~~~'
//
Capt. Dane L. Mark
President
CC: Mr. Tolcesi Assistant City Attorney
Mr. Weldon; Director of Parks & Recreation
80 1 Atlantic Ave Delroy Beach. FL 33483 Ph:(407)243-0686 Fx:(407)243-4069
,.
. .
.
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r: HUN HOSE RIVERBOAT
--,~_-:.; r""::::=- - ".=--..--
RECEIVED
JUN J 0 '995
CITY MA.'~' --~... .
.. . l1r:ncl:.
June 30, 1995
Mr. David Harden
City Manager
100 N.W. 1st Avenue
Delray Beach, FL. 33444
Dear Mr. Harden;
Please be advised that the Ramblin' Rose Riverboat remained
dock-side for Art and Jazz on the Avenue on Thursday, June
29, 1995 between the hours of 7:30 p.m. to 10:30 p.m. The
vessel also left the dock giving patrons a short complimentary
cruise. The liquor laws were complied with.
The Ramblin' Rose has now used four (4 ) of it's thirteen ( 13)
allotted dock-side days for the year.
;?KY~ ~L
Captain Dane L'~
President
c.c. Mr. David Tolces; Asst. City Atty.
c.c. Mr. Joe Weldon; Director of Parks & Rec.
801 Atlantic Ave Delroy Beach. FL 33483 Ph:(407)243-0686 Fx:(407)243-4069
.
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF AUGUST 8, 1995
POSTPONED FROM AUGUST 1, 1995
11.B. Comments and Inauiries on Non-Aqenda Items from the
Public - Immediatelv followinq Public Hearinqs.
11.B. From the Public.
11.B.1. Helen Coopersmith, 1222 South Drive Way, politely
requested the Commission to use their microphones when speaking
so that the audience can hear.
11.B.2. Joe Kamarata, 764 Avocet Road, stated there is still a
drainage problem at Lindell Boulevard and Federal Highway and
distributed photos of this area to the Commission.
The City Manager explained to Mr. Kamarata that the
drain is not the City's, but belongs to the FDOT. The City
Manager stated that one of the solutions the engineers suggested
was tying into the FDOT drainage system. The City has been
working with the developers of the property on the south side and
in the course of developing that property, there may be an
opportunity to improve the drainage.
Mr. Kamarata feels there is a great need for a four-way
stop at Carl Bolter Drive and Avocet Road.
Mr. Kamarata provided the Commission with photographs
of other problems within the Tropic Palms neighborhood with the
individual addresses printed on the back of each photo.
11. B. 3. Craiq Kruempel, representing the Woods of Southridge
Association, stated even though the conditional use request for
Lomonoco Gardens Apartments has been withdrawn, he feels there
are still concerns which need to be addressed by the City. He
questioned how this type of use got this far in the process, and
urged the Commission to direct the Planning and Zoning Board to
look into modifying the Comprehensive Plan and the Land
Development Regulations to appropriately address these type of
uses.
11.B.4. Sandra Allen, the Woods of Southridge resident, feels
the City Code and the Land Development Regulations need to be
looked at and clarified for these types of alcohol and drug
treatment facilities.
After a brief discussion, it was the consensus of the
Commission to refer this item to the Planning and Zoning Board
for review in terms of zoning considerations, and to the City
Attorney for review of the legal issues involved.
.
.
11.B.5. John Boyles, the Woods of Southridge resident, also
expressed concern about the Lomonoco Garden Apartments
application and the potential ramifications to the community.
11.B.6. Diane Wunderlich, resident of the Woods of Southridge,
expressed concern for the safety of her children having to stand
at a bus stop with a drug rehabilitation facility located on the
corner of Linton Boulevard and 8th Avenue.
11.B.7. Gary Friedman, resident of the Woods of Southridge,
expressed concern that there may be other areas in Delray Beach
where businesses are using these types of properties for what are
basically ventures. He feels Delray Beach needs to take
precautions to protect properties so that property values and
living standards are not lowered in the community.
11.B.8. Richard Bay, resident of Delray Beach, feels the entire
community is going downhill.
11.B.9. John Herrinq, 2474 Sundy Avenue in the Woods of
Southridge, expressed his concern as a parent about the
possibility of a child getting hurt in an unsupervised situation.
-2-
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
13.A.1. Status Report on the Ramb1in Rose.
The City Manager stated that over the six month period
after the amendment of the License Agreement with the Ramblin
Rose and up to the present, the City has not had any further
complaints regarding the operation.
In response to Mayor Lynch's prior inquiry regarding
the nAIl America Cityn signs on A-I-A, the City Manager stated
there are currently small signs in place; however, larger signs
will be installed within the next three weeks.
In response to Mayor Lynch's prior inquiry regarding
the reported drainage problems at the southwest corner of Andrews
Avenue and N.E. 8th Street, the City Manager stated the plans
were pulled for the condominium on the south side of N.E. 8th
Street. The Ci ty Manager stated the plans call for a swale to
run from the corner down about halfway to the Intracoastal where
there is an inlet. For whatever reason, there is now a high spot
so that the water can no longer drain. The Engineering staff is
proposing to re-contour the drainage swale to the way it was
originally designed to help correct this problem.
In response to Mayor Lynch's prior inquiry regarding
the Pineapple Grove Farmer's Market, the City Manager stated this
will require a conditional use approval under the LDR's and will
have to go through the application and review process. The
process would take approximately ten weeks and has not yet been
started.
13.A.2. Schedule for budqet work sessions.
As a final item, the City Manager requested input from
the Commission regarding the scheduling of budget work sessions.
He felt one meeting would be needed to allow the charitable
organizations to come in and make their presentations. The
City's standard policy calls for this procedure; however, if the
Commission wishes to handle it another way, that is fine, too.
The policy says that we'll take one percent (1% ) of our ad
valorem tax revenue for allocation among the various
organizations. If the Commission prefers, the City Manager
stated that staff could make a recommendation to the Commission
on how to divide up the monies. The Commission concurred.
As for budget work sessions, the Commission concurred
to tentatively set Tuesday, August 29, 1995, as a work session
date, to be confirmed at the regular meeting on August 15th.
Mayor Lynch asked the members of the Commission to meet
individually with both the City Manager and the City Attorney
-3-
sometime in the next few weeks to discuss their upcoming reviews,
and schedule these items for consideration at the first regular
meeting in September.
Returning to the budget schedule, the City Manager
advised that the first public hearing on the budget is scheduled
for September 5, 1995. The final adoption hearing is scheduled
for September 19, 1995. He advised that he will be attending the
National City Manager's Conference this year, and will be away
from the City on September 16th through September 20th.
Mayor Lynch advised that he will probably be absent
from the September 5th meeting, and asked if staff could look
into changing the dates for the budget hearings so that the City
Manager could be present.
The City Manager stated he would review the time frames
required for the budget to see if this could be done; however, he
felt that the second public hearing for the budget is usually
non-controversial and he did not feel it would be urgent for him
to be present.
Since the Commission had only the one budget work
session scheduled, the City Manager asked that each member
individually let him know if there is a particular area of the
budget they would like to focus on so he can be sure to cover
that at the workshop.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.l. Mr. Ellinqsworth
Mr. Ellingsworth asked the City Manager what time the
fireworks display will begin on Labor Day? In response, the City
Manager stated the fireworks will start at 8:00 p.m.
13.C.2. Dr. Alperin
Dr. Alperin stated even though he does not like the
newsletters generated by the State politicians and paid for by
us, he feels the recent newsletter from Senator Matt Meadows
contained some good information.
13.C.3. Mavor Lvnch
Mayor Lynch commented that while everyone was preparing
for the hurricane, he noticed many people picked that time to
trim all the plantings on their properties and then stacked up
the cuttings in piles in front of their houses. If the storm had
come, the debris would have been blown all over the place. He
-4-
.
asked if an arrangement could be worked out with Waste Management
for an extra service so that when a storm is announced, these
piles would be picked up.
Mayor Lynch stated that Jody Gleason with the School
Board and County Commissioner Karen Marcus will be at the
Municipal League meeting tomorrow to speak about the one-half
cent sales tax. Apparently there is an ordinance that says you
cannot ask for this unless the County and 50% of the cities agree
to it. Mayor Lynch asked the Commission if they would be in
favor of the City supporting the half cent sales tax issue to be
put on a referendum? It was the consensus of the Commission not
to support the half cent sales tax issue at this time. The
School Board first needs to demonstrate an ability to manage the
schools and administer responsibly the funds they already have
before any new tax is imposed.
-5-