10-24-95 Regular
·
DHR.\\ BEKH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~
/ AII·Al!Itric, City
OCTOBER 24. 1995 - 6:00 P.M. PUBLIC HEARING 7:00 P.M. '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.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Publ ic Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
Regular Commission Meeting
October 24, 1995
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City will
neither provide nor prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Plag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Special Meeting of October 17, 1995
6. Proclamations:
A. Single Parent Day - November 5, 1995
B. Toastmasters International Month - October, 1995
C. Make a Difference Day - October 28, 1995
D. National Epilepsy Awareness Month - November, 1995
E. American Education Week - November 12 to 18, 1995
7. Presentations:
A. Center for Employment Training (CET Delray)
8. Consent Agenda: City Manager recommends approval.
A. LANDSCAPE WAIVER/DELRAY MALL PERIMETER AND INTERIOR TREES:
Approve a request to waive LDR Sections 4.6.16(H) (3) (a) and (h)
to reduce the required number of perimeter and interior trees
in conjunction with the redevelopment of the Delray Mall,
located at the northwest corner of Linton Boulevard and Federal
Highway.
B. AGREEMENT WITH FLORIDA STATE HISTORIC PRESERVATION OFFICER/ADA
CONSULTATION RESPONSIBILITIES: Approve an agreement wi th the
State delegating consultation responsibilities to the City
under the Americans With Disabilities Act.
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Regular Commission Meeting
October 24, 1995
C. INDEMNIFICATION AGREEMENTS WITH DELRAY INTRACOASTAL JOINT
VENTURE AND LIFE CARE RETIREMENT COMMUNITIES. INC.: Approve
indemnification agreements with Delray Intracoastal Joint
Venture (property owner) and Life Care Retirement Communities,
Inc. (d/b/a Harbour's Edge) releasing the City of any liability
associated with the construction of a deck which will overhang
an existing utility easement on the southwest corner of the
property at 401 E. Linton Blvd.
D. RIGHT OF ENTRY AND LICENSE AGREEMENT AND ACCEPTANCE OF EASEMENT
DEED/W. E. ASSOCIATION. INC.: Approve a Right of Entry and
License Agreement with W.E. Association, Inc., and accept an
easement deed from the association for an easement across the
southern boundary of the property, to provide for the construc-
tion of drainage improvements at Waterway East on the south
side of Atlantic Avenue just east of the Intracoastal Waterway.
E. SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION: Approve a
request from the Eastern Surfing Association to hold a surfing
contest at the municipal beach on Saturday, November 4, 1995,
from 8:00 a.m. to 5:30 p.m.
F. FINAL SUBDIVISION PLAT/SEASIDE DUNES: Approve the final
subdivision plat for Seaside Dunes, a 12 unit townhouse
development located on the east side of AlA, approximately 200
feet south of Linton Boulevard.
G. RESOLUTION NO. 73-95: Approve a resolution assessing costs for
abatement action required to remove five abandoned vehicles
from properties located within the City.
H. RESOLUTION NO. 74-95: Approve a resolution assessing costs for
abatement action required to remove nuisances on 29 properties
throughout the City.
I . REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period October 9 through October
20, 1995.
J. APPOINTMENT OF OUTSIDE COUNSEL: Approve the appointment of
outside counsel in the case of Kirk Cook v. City of Delray
Beach, et aI, as recommended by the City Attorney.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Zuccala' s Wrecker Service for wrecker and
towing services for the Police Department, at an estimated
annual cost of $61,613.07 from 112-2172-521-52.23.
2. Bid award to Insituform Southeast, Inc. in the amount of
$25,600, via Palm Beach County Contract, for sewer line
rehabilitation on N.E. 4th Street and Camino Road at Zarno
Way, with funding from 442-5178-536-61.84.
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. .
Regular Commission Meeting
October 24, 1995
. 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.
12. Pirst Readings:
A. ORDINANCE NO. 62-95: An ordinance rezoning the former Isles of
Delray site from SAD (Special Activities District) to PRD-4
(Planned Residential Development-4 units per acre) District.
The subject property is located east of I-95 on the north side
of Lake Ida Road, and contains approximately 40.86 acres. If
passed, public hearing on November 7, 1995.
B. ORDINANCE NO. 63-95: An ordinance changing the Future Land Use
Map designation from Low Density Residential 0-5 units per acre
to Recreation and Open Space for the Lakeview Golf Course
maintenance building site located on the west side of Dover
Road, approximately 200 feet north of Wedgewood Boulevard. If
passed, public hearing on November 7, 1995.
C. ORDINANCE NO. 64-95: An ordinance rezoning the Lakeview Golf
Course from R-1-AA and R-1-AAA-B (Single Family Residential)
Districts to OSR (Open Space and Recreation) District. The
subject property is located on the west side of Dover Road,
between Linton Boulevard and Lakeview Boulevard. If passed,
public hearing on November 7, 1995.
D. ORDINANCE NO. 65-95: An ordinance changing the Future Land Use
Map designation from Community Facilities-Public Buildings to
Commercial Core, and rezoning from CF (Community Facilities) to
CBD (Central Business District) for the Delray Beach Public
Library and associated properties located south of Atlantic
Avenue between S.E. 4th and 5th Avenues. If passed, public
hearing on November 7, 1995.
E. ORDINANCE NO. 66-95: An ordinance rezoning Tracts B, C and D
of Congress Park South from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and
Commercial) District. The subject property is located on the
west side of Congress Avenue, south of Atlantic Avenue
(Levenger facility). If passed, public hearing on November 7,
1995.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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W1,
[ITY DF DELRAY BEA[H
DURAY BEACH
ía~~I~~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORI!)A 33444 305 :243 7000
AJI-America City
"llt' PROCLAMA TION
199J
WHEREAS, the National Single Parent Resource
Center, Inc. was founded on May 14, 1992, in Boca Raton,
Florida, and recognizes the first Sunday of November as "Single
Parent Day"; and
WHEREAS, the National Single Parent Resource
Center, Inc. is a non-profit educational, support, resource,
and social organization whose goals are to make life easier for
children, parents, and grandparents who have faced divorce
issues; and
WHEREAS, the purpose of Single Parent Day is to
give recognition and support to single parent families, to
promote and encourage cooperation and harmony among all family
members by sharing the day together, or to give the
non-custodial parent an extra access (visitation) day; and
WHEREAS, the National Single Parent Resource
Center, Inc. provides information on various issues of interest
to single parent families; and
WHEREAS, the National Single Parent Resource
Center, Inc. promotes businesses that recognize, understand,
and offer assistance to single parents.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim November 5, 1995, as
SINGLE PARENT DAY
in Delray Beach, Florida, and urge the community to give
recognition, and support to single parent families and to
encourage cooperation and harmony among all family members.
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 24th day of October, 1995.
MAY 0 R
THOMAS E. LYNCH
SEAL
b·A.
THE EfFORT AL\'JA YS MATTERS
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[ITY DF DELRAY BEA[H
DELRA Y BEACH
i.:......:1Ii 1001'\ W 15: AVENUE DELF.¡.Y B~ACj-i FLOR!:JA 33444 305'243700C
AJl.America City
'1111' PROCLAMATION
1 qq.{
WHEREAS, the Toastmasters International
organization has been in existence for seventy-one years with
over 8,000 clubs worldwide; and
WHEREAS, Toastmasters International is an important
leadership development tool providing teens, young adults, and
people of all ages an opportunity to grow and become leaders
through communication; and
WHEREAS, in Delray Beach a Toastmasters
International Club was piloted in October 1994, and since then,
over forty adults and twenty young adults have become more
confident and proficient speakers.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October 1995 as
TOASTMASTERS INTERNATIONAL MONTH
in Delray Beach, Florida and encourage all our residents to
support the Toastmasters International in their eloquent speech
development and leadership training for both adults and young
adults.
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 24th day of October, 1995.
MAY 0 R
THOMAS E. LYNCH
SEAL
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T>1E. EFFCRl A,-...f-.Y~ M,òTTERS
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[ITY OF DELRAY BEA[H
DURAY BEACH
f ( 0 . D ...
~.A 100 N W 151 AVENUE DELRAY BEACH, FLORIDA 33444 305/243 7000
Aß.America City
'1111' PROCLAMA TION
1993
WHEREAS, the foundation of a humane and just
society is the people's willingness to work together for the
common good; and
WHEREAS, our country's volunteer force of 89.2
million people is a great treasure; and
WHEREAS, self-sacrificing individuals mobilized to
help others can stem the tide of poverty, hunger, homelessness,
abuse, and other problems that afflict society; and
WHEREAS, it is the duty of all our citizens to
search out opportunities to make a difference in the lives of
those around them and dedicate time and resources to the
betterment of their community; and
WHEREAS, USA Weekend is working in partnership with
The Points of Light Foundation to promote a national day of
doing good.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October 28, 1995, as
MAKE A DIFFERENCE DAY
in Delray Beach, Florida, and urge its citizens to observe this
day by joining with friends, fellow employees and relatives,
with religious, school, and civic groups to engage in projects
benefitting our community.
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 17th day of October, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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THE EFFOP,T Al'NAYS MATTERS
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PE,L~~\ BE~C~
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AII·America City
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WHEREAS, people afflicted with Epilepsy or a
seizure disorder are often times the victims of discrimination
and prejudice; and
WHEREAS, Epilepsy is not a disease but an Episodic
Disorder which can affect anyone, at any age, at any time; and
WHEREAS. the lack of education about this disorder
has contributed to age-old superstitions and prejudices; and
WHEREAS, people with Epilepsy, like all people,
have varied abilities in many types of work. Studies show no
difference in productivity between those who have Epilepsy and
those who do not; and
WHEREAS, workers with Epilepsy make reliable and
conscientious workers who often rate better in job performance,
attendance, safety and job stability than non-handicapped
workers; and
WHEREAS, at the present time over two (2) million
Americans, including 150,000 residents of Florida, have
Epilepsy (which equates to one out of every 100 persons); and
WHEREAS, studies carried out in the United States
over the past thirty years have indicated that of all
disabilities, Epilepsy poses the greatest barrier to
employment, with unemployment rates estimated between 20 and 25
percent; and
WHEREAS, lack of information and misinformation
have created more employment problems for job applicants with
Epilepsy than the disorder itself.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby declare the month of November, 1995, as
NATIONAL EPILEPSY AWARENESS MONTH
in Delray Beach, Florida, and urge all of its citizens to
become aware of this disorder and encourage those afflicted to
take their rightful place in society and become productive
citizens.
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 24th day of October, 1995.
MAY 0 R
THOMAS E. LYNCH
SEAL
10·6·
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... [ITY OF DELRAY BEA[H
DURAY BEACH
~~~~ 100 N W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 305/243 7000
;¡ur PROCLAMA TION
19'13
WHEREAS, throughout American history, schools have
helped democratize our nation, strengthen our communities, and
widen opportunities for our people, and
WHEREAS, by integrating different groups into a
common educational setting, schools prepare this nation's
diverse population to live harmoniously in a free, democratic
society; and
WHEREAS, the future of America in the next century
depends on the students who are being educated today; and
WHEREAS, all citizens have an important mutual
interest in educating future citizens; and
WHEREAS, strong, effective schooling is a
springboard to a better tomorrow.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim November 12 through November 18,
1995 as
AMERICAN EDUCATION WEEK
in Delray Beach, Florida, and encourage all citizens to
consider taking an interest and active participation in support
of school events and programs. Our investment in our schools
is certainly one of the most important and wisest investments
we can make.
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 24th day of October, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
h·E·
THE EFFOP,T ALWAYS MATTERS
.
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Center For Employment Training
301 S.W. 14th Avenue, Delray Beach, FIori~rNED
(407) 265-1405 . Fax: (407) 243-2
OCT 1 3 1995
CITY Mr~" --~':' nqlCf-.
October 12, 1995
Mr. David Harden
City Manager
100 NW First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden,
I would appreciate it if you would allow me to share some infonnation about the Center for
Employment Training (CET).
CET is a national non-profit, 501 (c) (3) organization, dedicated to providing disadvantaged
individuals with the tools to become self-sufficient and productive members of society.
The parent organization, located in San Jose, California, is highly acclaimed for its system of
training individuals in demand occupations while delivering to them crucial support services, job
development assistance and post-placement tracking to stabilize clients entering the job market.
Since its inception in San Jose in 1967, CET's model of training has been consistent in meeting its
program goal of empowering needy individuals. In recognition of this achievement, in 1992 the
U.S. Department of Labor granted CET a sole source contract to provide technical assistance to
already established employment training centers and to develop CET branches in ten new
locations on the east coast. Virginia, Maryland, North Carolina, New York, and New Jersey all
have at least one location at this time. There are currently four sites in Florida; Orlando, Fort
Lauderdale, Belle Glade and Delray. CET Delray is located in the Delray Full Service Center and
opened its doors to students in June of this year. Currently we are offering job training in
Automated Office Skills, Medical Assisting, and Building Maintenance. The first group of
students (100) have been funded by the Palm Beach County Private Industry Council.
I would like to make a presentation of about ten minutes to you, the elected officials and leaders
of this community at your next council meeting if possible.
Thank you in advance for your time and consideration.
Sincerely,
{ù-~. A·
~ -
Duane R. Gainer
Division Director 1·A·
CET Quick Facts
The Center for Employment Training (CET) is a private, non-profit, corporation. At
CET we train people for jobs; particularly those who are most in need and hard to
serve. At CET we do our own intake, our own assessment and counseling. We do our
own job training and basic skills remediation (including GED preparation). At CET we
do extensive life skills training, our own job preparation, job development and
placement and, we conduct follow-up on all of our placements to ensure stable
employment and job growth.
The mission of CET is based on the philosophy of self-determination and seeks to
promote the human development and education of low income people by providing
them with marketable skills training and supportive services that contri bute to
economic self-sufficiency.
CET is a multi-funded, community based organization with job training contracts
from federal, state and local government sources, as well as, private funding.
Nationally and locally obtained Job Training Partnership Act (JTPA) funds account
for over 60% of CET training funds. Federal financial assistance accounts for about
25% of funding and the balance of funds come from public and private vocational
rehabilitation agencies, JOBS/GAIN programs, foundations, and other sources.
CET is accredited through the Western Association of Schools and Colleges (WASC).
This accreditation validates CET's quality of education and allows students to qualify
for a variety of federal financial assistance programs such as: Pell and SEOG
Grants, Student Loans, Work Study, and other forms of financial aid to assist with
tuition and basic living costs while in training. About eighty-five per-cent of CET
students receive some form of federal financial aid.
CET's primary activity is in classroom skill training which is provided year round.
Training at CET involves an integration of skill training, basic skills instruction and
human development. CET's unique holistic training design is broadly recognized as the
Contextual Learning Model. At CET no testing is required as a pre-requisite to
entering training. Training is open-entry, open-exit with competency based, highly
individualized, hands-on training. CET training is intensive (35 tel 40 hours weekly).
Twenty-eight job training options are offered by CET nationwide. These include, but
are not limited to, Automated Office Skills, Computer Aided Design Drafting, Metal
Trades, Facility Maintenance, Electronic Trades, Commercial Foods, Automotive
Mechanic, Child Care Provider, Medical Occupations, and Printing and Graphics.
Skill offerings vary from one center to another. The average number of skill
offerings at a typical center is 4 skills serving 100 to 120 students daily.
Organizationally, CET has a Board of Directors comprised of community volunteers
that broadly represent the communities being served by CET. CET is centrally
administered from the corporate offi ce in San Jose, California. Mr. Russell Tershy
is the President/CEO and co-founder of CET.
Throughout its broad service area CET is set up geographically in a regional
structure: The Deputy Di rector and regional directors oversee the 29 training and
service centers that we administer. Regional Directors are situated in San Jose,
Los Angeles and Riverside, California, New York City, New York, and in
HamptonlNewport News, Virginia. Each region consists of from 4 to 6 training and
service centers.
CET is supported by an Industrial Advisory Board (lAB). CET centers have either an
lAB; an Industrial Advisory Committee (lAC) or a Technical Advisory Committee
(TAC) to support the training operations. In this way CET is kept on the cutting edge
of the technology and needs of industry. CET Job Developers work closely with
industry representatives to match job ready students to employer needs.
CET SUPPORT SERVICES
Some of the secondary support program services at CET include: Montessori child
development/ch i Id care centers, immigration educational services, energy
conservation programs, transitional housi ng for homeless farmworkers, regionwide
farmworker information networking projects and a California State Community
Services Block Grant (CSBG) that provides for a broad range of supportive services
for farm workers in California.
PROGRAM DATA
CET's current training capacity is approximately 3000 slots. Training at CET is
year-round. We do not have semesters or quarters. At anyone time you can expect
to see some 2400 to 2700 persons training daily in 28 skills at 29 locations in
California, Arizona, Nevada, Texas, Illinois, New York, Maryland, North Carolina,
Florida and Virginia. In addition, there are up to 11 other CET model sites across
the U.S. run by other entities. Thus, the current CET network of training programs
extends to 40 communities in 12 states serving about 6000 persons annually.
Although we have a variable course length and students train at their own pace, the
average training time at CET is about 6 months: short-term skills: are 12 to 16
weeks; medium-term skills: about 17 to 22; long-term skills: 23 to 36 plus
weeks. The average training course at CET maintains an 18 student to 1 instructor
ratio. Students at CET remain in training until they are placed.
The ultimate goal of CET for each student is permanent, unsubsidized job placement
with good benefits. Typically, CET places about 3000 persons a year in jobs, at
least 85 to 90% are training related placements. In the 26 years we have been in
operation we have trained and placed over 65.000 persons. Follow-up statistics on
placements indicate that at least 85% of alumni contacted are still employed after
90 days. Similar reports at one year following placement indicate that 80% of the
alumni are still employed.
Selected Enrollee Characteristics-CET Operated Sites: July 1. 1993 to June 30.1994
Total Served: YEAR TO DATE 5121
Age: 17 to 21 19%
22 to 44 70%
45 and over 12%
Combined Elementary & H.S Dropouts 55%
Reading Skills Below 8th Grade Level 39%
Math Skills Below 8th Grade Level 40%
Li m ited English Speakers 47%
Single Parent 53%
Welfare Recipients 24%
Migrant/Seasonal Farmworker 44%
Average Annual Income:
Before training $6,406
After training $16,883 (Includes 20% Fringe)
Average training time 26 weeks
Placement Rate 76%
Training Related Placement 87%
Average Placement Wage*
Total Placements $7.00
* NOTE: Placement wages during this reporting period ranged from a high of $8.27
average in the San Francisco Bay Area to $5.03 in Yuma, Arizona. In general,
average California hourly placement wages are slightly over $7.20.
CET (408) 287-7924 Rev. 5/95
.
EDUCATION WEEK
American Education's Newspaper of Record Volume xm, Number 24· March 9, 1994
Focus On:
Vocational Education
By Ellen FIox
Vocational Program
Means Business for
Out -of-Work Youths
The Center for Employment Training
Succeeds Where Other Efforts Pail.
basic-skills instruction into the One secret to the C.E.T.'S place-
job training. ment success is its strong ties to
Also unusual is that C.E.T. sites local industry. Instructors say
provide a full range of services- they make sure that their basic-
i~~y,dingjob training, counseling, Skills lessons draw on problems
job placement, day care, and Eng- and issues raised in the work-
lish-Ianguage instruction-under place. What's more, the C.E.T. only
one roof. "We have found that trains students for jobs that are in
those kinds of services, concen- demand, as detennined by local
Top, Max-Martinez, an education analyst at the center, trate<f in one area and providing businesses. As a result, many
says: "People who drop out of school don't want to drop back 'one-stop shopping,' are very suc- companies routinely call the C.E.T.
into a system that they don't think Is addressing their ceøsful," says Robert Zacharia- when they have vacancies to fill.
siewicz, a spokesman for the U.S.
needs. They did not see a path to a job." Labor Department. In -1992, the No Testing Requirements
A ...all .;gn hanging jobs has made the C.E.T. a paceset- department allocated $1 million The C.E.T'S impressive perfonn--
over the desk of the tepin the job-training field. ex- to the C.E.T. to replicate its train- ance with a hard-to-serve papula-
president of the Center perts say. ing model in other cities and plans tion is the result of more than 25
for Employment Train- Its experiences could also offer to eannark another $1 million for years of intensive work. Founded
ing in San Jose, C~if., some lessons in how to serve out- the project this spring. in San Jose in 1967, when fresh
makes it clear that this unconven- of-school youths under the var- But even more important is the fruit still rivaled computer chips
tional vocational-training pro- ious school-to-work systems now C.E.T.'S placement record. In 1992, as Santa Clara County's primary
gram means business when it developing across the nation. Zachariasiewicz says, the C.E.T. product, the C.E.T. began with an'
comes to job training: Unlike many job-training pro- placed 72 percent of its gradu- enrollment of 15 machine-shop
"Only one piece of paper is more grams, which require clients to ates-the majority of whom were trainees in an East San Jose ga-
important to our graduates than a master the basic skills before they high school dropouts-in jobs. rage. Some 60,000 graduates lat-
diploma. . . a paycheck." are allowed to operate a computer Their post-training earnings were er, the C.E.T.'S national headquar-
This nonprofit's emphasis on or a tool machine, the 26 C.E.T. slightly more than double their ters, along with a large training
training the hard-to-employ-in- sites nationwide encourage their pre-training salaries. "If you have site, has moved into a former
cluding many high school ârop- 2.100 students to work on tangible high placement rates and double schoolhouse in downtown San Jose.
outs and unemployed youths-for jò6 skills from day one. The C.E.T. the earnings, that's pretty impres- Here, clients, about one-sixth of
relatively well-paying, in-demand then weaves vocational-oriented, sive," he says. whom are age 21 or younger, can
choose job training in anyone of double their average annual salary
14 skill areas, ranging from print- of $5,078 before the training.
ing and graphics to food services. In contrast, data from the U.S.
On any given day, about 500 stu- Bureau of Labor Statistics show
dents are enrolled in the various that in the last quarter of 1993, the
skill areas. Clients can enter the mean hourly wage for workers ages
full-time training program year- 16 ro 19 was $5.05, Slightly móre
round and learn at their own pace. than one-fifth of 16- ro 19-year-olds
Most clients need about six who were dropouts were unem-
months to complete their. training. ployed, versus 12.4 perœnt of those
.HiKh-school-age students work who had received their diplomas.
side by side with older students . Increasing Their Odds
and have the opportunity to earn
their General Educational Devel- Research also supports the prem-
opment diplomas. And because ise that the C.E.T.'S method--hands-
none of the programs has a fonnal on, self-paced training, combined
starting or ending date, students with basic-skills instruction and in-
can continue learning new skills tensive services-is well suited ro
until they find ~ job. hard-t.o-anploy youths.
Unlike many job-training pro- In 1992, a Rockefeller Fbunda-
grams that serve hard-t.o-employ tion study found that minority sin-
clients, the C.E.T. does not require gle mothers who graduated from
potential participants to meet any the C.E.T. were more likely to get a
academic, linguistic, socioeconom- job, keep ajob, and receive higher
ic, or age-related standards as a pay than similar women who
precondition for admission. As a graduated from other training
result, about half of its students programs. . . Above, Vincent Lara, an Instructor In the machlne-tool-ôperator
nationwide are either migrant I ~ seco~d ~ut' released late ~!1op, considers boosting self-esteem a major component of his job.
fannworkers or those who have as year y e anpower Dem-
recently given up seasonal agri- onstration Research Corporation, a continuation of high school people. who co~e here h~ve had a
cultural work for a more settled also found dramatically larger study hall. hard bme finding work, he says.
way oflife. About 80 percent of the gains for young high school drop- While on an orientation tour of "Can you imagine a person who
clients are Hispanic, primarily outs who completed aCE T train- the program's 14 shops, a student has nDt had much success who
Mexican-American, and many are ing program. . . . may notice the time clocks that comes here and finds people who
enrolled in the C.E.T.'S English-as- In its studyof13 sites funded by dot the hallways. C.E.T. instruc- care about him and tell him that
a-second-Ianguage program. Jobstart a federal job-training tors expect students to punch in he'll get a job for $7.50 or $8 an
The only criterion for admission program' for high school dropo ts and out so they learn the impor- hour?"
is a sincere desire on the part of the M.D.R.C. found that gradU:te~ ~c~ o~punctuality and respon- . But at the, C.E.T., instructors
the student to turn his or her life of the C.E.T.'S San Jose campus slblhty m the workforce. hke Lara don t have to imagine.
around, says Max Martinez, an ed- earned in excess of $6 000 more As part of this tour, instructors High school dropouts enrolled in
. ucation analyst at the C.E.T. "Our than members of a control group ~ry to "sell" their subjects-rang- the C.E.T. praise the program for
philosophy is geared to serving over a fDur-year period In con- mg from computer-aided design allowing students .to proceed at
those most at need," he says. '~d trast, graduates of all 13 ~rograms to buil~ing mainte~ance--to the their o~ pace and develop new
you are certainly not serving combined earned an average of potentIal student. 'We tell our career mterests.
those most at need if you test only $214 more over the period mstructors to sell their skills as if Roseanna Ortiz, 17, says she
them. We consider ourselves a than did similarly disadvantaged they were selling it to the Presi- dropped out of high school and
school for su,ccess. We don't want youths who received no training dent," Martinez says. enrolled in the C.E.T.'S medical-
people to fail before they come in." . In the various shops, the bustle assistant program as a way to get·
This philosophy has been par- Not High School of the students and their instruc- herself and her l-year"-old daugh-
ticularly well suited to the needs At the C.E.T., "the emphasis is tors complements this sales ter out off oster care. She says 10-
of high school droooutaand othP.T on getting people into the labor' pi.tch. In the medical-assistant cal foster-care regulations re-
young, discouraged workers. "F'eo- force," says Fred Doolittle, one of classroom, for example, students quire her to prove that she has a
pIe who drop out of school don't the authors of the Labor Depart- clad in white lab coats learn how means of support.
want to drop back into a system ment-funded study. "They work to draw blood samples and con- "Here, it's at your own pace, 80
thattheydon~thù1kisaddressing hard to have a connection be- duct hearing and vision tests. In you don't feel 80 pressured," she
their needs," Martinez adds. tween themselves and the labor the printing-and-gtaphicswork- says. "I've learned a lot of things I
"They did not see a path to a job. market." shop, meanwhile, students learn didn't know before."
Here, when you put their hands on At the same time, he says, the how to use printing presses, s0- Others say that the C.E.T. is
a machine, it says, 'Job.' " C.E.T.'S students are morejob-mo- phisticated photocopiers, and giving them a new chance to put
And a full-time, unsubsidizedjob tivated than average and "are desktop-publishing software. their lives in order.
is what many high school dropouts not a random draw of all 17 -year- VincentLara,ani~ctorin Armando Razo, a 23·year-old
and unemployed youths get when oIds." The C.E.T.'S mission state- the machine-tool-operator shop, high sChool dropout with a preg-
they graduate &om the C.E.T. Ac- ment lets students know the cen- says students learn mathematics nant wife and two children to
cording to Martinez, 71 percent of ter is serious about job training, as they draw up blueprints to' support, says a learning disabil-
C.E.T. clients younger than 21 who so students are serious about make small metal parts. ''The ity hindered his progress in high
completed a training program in learning the skills they need to neat stuff about the math here is school. In the C.E.T.'S building-
the second half of 1993 have full- get a job. "If! was a 17-year-old that it applies to something maintenance program, he says:
time jobs, and the program was who [just] wanted a nice place to real," he says. "It's not like in the "I'm learning by using my hands,
able to place 86 percent of those em- hang out," Doolittle says, "I 6th grade, where you forget it the and I'd rather do it that way.'
ployed students in positions related wouldn't go there." next day." With the job search the way it is,
to their training. They earned, on From the moment a potential Lara considers boosting stu- you need a piece of paper saying
average, $6.14 an hour, for an an- client enters the San Jose cam- dent self-esteem another major you know how to do some-
nual wage of $12,772-more than pus, it's clear that the C.E. T. is not component of his job. "I think the thing." .
Voi: 3 No.-2 March/April. I".
San Jose CET Trains
The Hard-Core Poor
. BY M KATHERINE CONRAD like me,' she says. "I'm utilizing my
YOUTH TODAY Correspondent skills and puttlng them In a place where
It counts. .
y -&mJ~.~ Galindo knows what It's like to sweat
vette Galindo was 19 and In the fields picking tomatoes. pears and
broke when she enrol1ed In cherries, to be evicted from one apart-
a secretarial program at the ment after another, to exist on food
Center for Employment stamps. She Is an Invaluable role model
Training In San Jose, Calif. A middle for CET students.
child In a fam1ly of five, Galindo was des-
perate to find work to help her mother. a The Secret Is 81 Se Puecle
single parent who bounced from job to The motto at CET Is SI Se Puede - It
job and took her kids with her. can be done. And amazingly, it Is being
'1 was so determined because we were done. CET clients are the hard-core. dls-
so poor. Mom needed help,' she recalls. advantaged poor. Many have limited
Galindo, an excellent student, whizzed English, and some have none. CET
through the six-month training program trains them, and helps them find full-
In half the time and soon found a job at time jobs. CETs perfonnance has been
Legal Ald. With her job came a feeling Df SD consistent. for more than 25 years.
self-empowennent. "My Income was Im- that In 1992 the U.S. Department of La-
portant and finally I had something to bor gave CET a $1.2 mJll10n grant to rep-
offer. CET gave me the self-confidence I licate Its program at 10 sites around the
needed." country. (See separate story on CETs
Today. Galindo Is nDW back at CET. replication sites.)
not as a student but as head Df Its busl- Phoebe Cottingham, associate director
ness skills department. In the Interven- ofthe Office of Employment Programs at
Ing years, she overcame the hardships of the Rockefeller Foundation, has studied
single parenthood and poverty to earn CET. and has some Ideas about why It
her bachelor's degree with honors. fol- succeeds. 'People always say that the
lowed by her masters. Now she Is work- poor need more educailon to get out of
Ing on her doctorate. poverty. CET realizes that the poor can't
"It's really Important that I succeed so devote years to study. They need to get
I can make a difference for other people skllls quickly. CET has found a way to
give people skills In a hurry.
"When we studied CET we found It
could make program models work while
other sites couldn't. CET has a sophisti-
cated apprDach to management. Now
they're trying to replicate that, and the
first Indications are that they're suc-
ceeding. .
CEïs most recent documented suc-
cess came In the JOBSTART program,
which targeted high-school dropouts
between the ages of 17 and 21 years old.
A five-year study, completed In 1993 by
the Manpower Demonstration Research
rnmnratlnn. fnund that students en-
.,
. "I'm 17. At CET, they treat me like an adult"
From Page 1
rolled at CET increased theìr earning
potential by 47 percent, more than
$6,000 per recipient. CET was the only
one ofthe 13 JOBSTART sites around
the country that had a major Impact on
earnings. Another five-year study, com-
pleted In 1990 by the Rockefeller Foun-
dation to find Dut how to help low-In-
come, mInority sIngle mothers get Dff
welfare, came up with the same result:
only CET could make the program work.
Go DIrect1y to Employment
CET was founded 26 years ago In a
ChIcano barrio In east San Jose. Two
men, Russell Tershy, a former Peace
Corps deputy dIreCtor, and Dr. Anthony
Soto, then a Catholic parish priest, be-
lieved poor, uneducated people could be
trained for employment If they could see
a direct path to a job.
SInce CET Dpened Its doors In 1967,
the center has 'graduated' 60,000 stu-
dents Into full-time pennanent jobs with
benefits. CET trains 5,500 students an-
nually, IncludIng 1,100 youth between
the ages of 17 and 21. Over 800 of the
youth find jobs, despite the fact that
CET does not Dffer speclal programs for The U.S. Department of Labor is spending $1.2 million to see if the San Jose CET's approach to job training can be replicated
young people. They are treated as adults across the country. At a recent conference, Labor Secretary Robert Reich posed with a CET delegation. From left to right: CET
with the same access to support services Deputy Director Hermelinda Sapien, Executive Director Russell Tershy, CET program graduate Son Le, Secretary Reich, CET
as the older population. If they are teen program graduate Rosanna Ortiz, IBM Production Manager Sam Carrasco, CET Board Chair Joe Medal.
parents, they attend parenting semI-
nars; If they need sex education, tor, a basIc education Instructor, a sup- ample, and Instructor with business ·We're not getting theoreticians from
Planned Parenthood representatives port counselor and a job developer skills earns $25,000 to $35,000 a year. colleges, we're getting people from In-
visIt the school: if they have a crimInal works with each student to ensure suc- Someone teaching sheet metal eams an dustry who are expected to teach a
record, probation officers are available. cess. hourly rate of about $18 and a regls- hIghly IndIvIdualized program,· Mar-
CET Deputy DIrector Hermelinda "We offer seminars on everything from tered nurse teachIng medical skills tlnez says. ·First of all they must know
SapIen says that youth do offer a bigger learnIng how to pay a bill to asser- earns about $45,000 a year. who they are serving and how to serve:
challenge and requIre more resources tlveness tralnlng. So many of our stu- "The rewards here are when you see New employees spend about two
because they often are In trouble with dents have no self esteem. We have the students who turn their lives weeks becoming Indoctrinated In CETs
the law, have small children or are not speakers on nutrItion, rape, substance around. I don't think you can put a price methods and learnIng the teachIng
as motivated. "The cost Is higher but we abuse, how to stop smokIng,· says tag on that,· says Personnel Director methodology. Instructors must learn
cannot write them off. Too many organi- Galindo, division director of CETs busl- Ruth Corona-Garcia. how to Identify the limitations of each
zatlons have turned them away: ness skills department. DespIte lean economic times, tralnlng individual, how to organize training ma-
CET's placement rate for all students for the staff has not been eliminated. In terlals and how to mInImize lecturing
who complete the training courses Is 90 The Secret Weapon fact staff training and education Is In a and emphasIze hands-on Instruction.
percent. While the jobs are entry-level CET admInIstrators credit theIr staff department of Its own. CDrona-Garcla They must also realize theIr job as t:Ole
posItions with annual salaries that aver- for making the program so successful. says CET realizes that Its still' face a dlf- models and human developers.
age $16.400 includIng benefits, they of- At CET, the teachers are not trained ficult task, and knows training Is as vI- "Many students are motivated and
fer a way out of a life that for many had educators. They are culled from Indus- tal for the staff as It Is for the clientele. commltted to learning a skill. Some have
been going nowhere. try tD teach their skill. "The students we work with have failed to be Induced because of theIr day-to-
'We don't pretend tD make people fiu- ·Our staff Is Dur secret weapon. We go everywhere else. Without having the day pressures,· Martinez explains.
ent In English or mathematical ge- to great lengths tD have people Indoctri- staff to carry out this difficult job, we're "They need motivation from their In-
muses. We prepare them fDr entry-level nated Into our methods. Look at Dur not going to succeed.· structors. We have to believe every stu-
jobs," says Max Martinez, contract ad- classroom attendance. People are here To attract Instructors, CET advertises dent wlll succeed. If an Instructor
mlnIstrator for CETs replicatlon project. because they want to be,· Martinez told for people who want to make a difference doesn't believe It, he shouldn't be here:
MartInez uses 'prepare' In the fulJest YOllfH TODAY. In other people's lives and who would MIchael Klink, who teaches office
sense of the word. At CET trainees are Instructors must have five to seven like to teach but lack a teaching creden- skills, has been at CET less than a year.
not sent to job Interviews until they have years on the job, preferably several as a tlal. CET takes great care before hiring He acknowledged that teaching people,
mastered good work habits, IncludIng supervisor before they enter a classroom to avoid bringing people on board who many of whom are struggling to survive,
punctuallty (students punch time at CET. CET pays Instructors the same find themselves overwhelmed with their Is tough. When students don't attend
clocks), attitude and dress. To attain salary they would receive had they students' problems. Because of the time class because of problems, Instructors
that goal and offer a truly holistic pro- stayed on their jobs, but raIses and taken to screen and traln, CET asks for are expected to call them at home and
gram. a team comprIsed of an Instruc- perks are few and far between. For ex- a three-to-five-year commltment. Continued Next Page
.. ..-- -.-...--.. . - - . -. _. ---
San Jose CET throughout CET. Karen Sl. James. who room, where they already have falled. Is being used at all Df CETs repUcation
has worked for CET for two years teach- CET uses an unorthodox approach to sites. In rDughly six months, for about
Ing students the shipping and receiving tra1nIng that It calls Integrated Instruc- $6,000 per student, training can be ob-
From Previous Page Industry, says she won't get rich work- tion. Students start learning hands-on talned In office skills, building mainte-
urge them tD come to school where they Ing at CET. but there are other payoffs. sk11ls on their first day of training. The nance, child care provider, electronics.
can learn to overcome setbacks. "I find It the most rewarding job. I see math and Engllsh needed to master the computer-aided drafting, printing and
ïeaching Is nDt a problem. but cany- people come 1n here on AFDC [Aid to skill are learned as they relate to the graphics. commercial food services, data
ing around the burdens of SD many Faml1ies with Dependent Children and skill. entry, sheet metal fabrication, machine
people who have problems with welfare, they walk out with jobs. In some small "If they only read books that 1s not gD- tool operator and shipping and recelv-
or child care. or something else -: some way I had something to do with It." Ing to do It," argues Instructor Felipe Ing. CET adds and deletes courses ac-
days. It can be Dverwhelmlng: Klink Robledo. ïhey need the combination Df cording to the dictates of the job market.
admits. "But It feels good to good to give OD the Job From »ay ODe technical education with skilled experl- Another break with tradition Is CETs
something back to the community: Students at CET who need remedial ence: open-entry, open-exit program that aI-
His sentiment was echoed by teachers education are not returned to the class- The Integrated instruction approach lows students to train at their own pace.
Rather than having a fixed starting and
ending date, new students are always
coming In as those who have completed
their training and found a job are leav-
Ing.
Bob Johnston, director of planning.
believes that the variable course length
Is key to CETs success. 'Instead of
holding the time constant we hold com-
petencies constant and time varies. Stu-
dents compete with themselves and not
with each other."
Valero KIng appreciates the fact that
he won't 'graduate' from his computer-
aided drafting course until he finds a
job. ïhey don't throw you out cold tur-
key. The counselors guide you and help
you to find a Job:
Yet, whlle CET counselors are sup-
portive and will do all they can to help
students. babysitting Is not In their job
description. All Lomeli. who drives two
hours a day to attend classes In medIcal
training, likes the treatment she receIves
at CET.
"It all depends on you. If you want to
learn, you learn. If not, It's your prob-
lem. I'm 17 and they treat me like an
adult:
As MartInez put It, 'We open the doors
for them, but they have to walk through
on their own:
Resource.:
The San Jose Center for Employment
TraIning
701 Vlnè Street. San Jose, CA 9511 0
(408) 287-7924
Max Martinez,
Replication Project Manager
JOBSI'AKI': Final Report on a Programfor
School Dropouts
Manpower Demonstration Research
Corporation
Office of Publications
Three Park Avenue,
New York, NY 10016
212/532-3200
Evaluation of the Minority Female Single
Parent Demonstration
The Rockefeller Foundation
1133 Avenue of the Americas,
New York, NY 10036
212/852-8536
Phoebe Cottingham
YOUTH TODAY MARCH/APRIL 1994 · 25
"A Philosophy of Inclusion" Can It Be Done
Everywhere?
When Russell Tershy crafted the Idea . BY M KATHERINE CONRAD
for a training program 26 years ago, he
didn't know his Ideas to teach high YOUTH TODAY Correspondent
school droPDutS and migrant
farmworkers weren't supposed to work. I n 1OO2th, C,nt" roc Employm'nt
He simply believed that It made sense to Training In San Jose, Calif. was
teach a skill to someone putting a ma- awarded a $1.2 mlJllon grant from
chine In their hands. the U.S. Department of Labor to de-
-Machines are worth a thousand coun- termlne If CET could replicate Its
selors. When you're on a machine you're ¡- success around the country.
w
learning a specific skill or a trade and It's u Ten cities were chosen, nine along the
w
II)
obvious. Taking prerequisites rings hol- ~ eastern seaboard and one In the Mld-
low and you need a compass to find out ~ west, Chicago. Eight of the ten are open
where you're going: says Tershy, who II) and Dne has graduated students. Start-
>
still manages the sprawling Center for II) Ing a new program Is not easy, however,
~
Employment Training as the executive II:: and the price Is high - about $1 mil-
a
director. u lion, according to Phoebe Cottingham,
"Most of us learn by doing and reflect- ~ associate director of the Office of Em-
0
Ing. Observe, judge and act -it's a logl- :x: ployment Programs at the Rockefeller
Q.
cal way of education. It doesn't take a CET trainees get hands-ón experience, not textbooks, on their first day of class. Co- Foundation, who has studied CET. .
. genius, it just works: founders Russell Tershy and Anthony Soto started CET in a garage. Now the Max Martinez, repllcatlDns projects
At CET In San Jose, Calif., trainees program trains 5,500 annually, one quarter of them youth, and is being replicated at director for CET In San Jose, said he
spend twD thirds of a six-month training 10 sites around the country. has fielded dDzens of queries and re-
period learning hands-Dn skills and the quests for Information about CET In
remaining one third In book learning. them. They go from place to place In ja- Bob Johnston, CETs director of plan- addition to the 10 Dfflclal replication
Tershy credits his philosophy with his loples. Who fixes them when they break nlng, has been with the organlzatlDn sites. "I'm getting calls from all over the
own lack of training In educatlDn. down? They do. " since 1970. He credits Tershy's strong country. I'm sending out dozens and
"I figured at the time that If you traJned Tershy knows about the poor, because leadership for much of CETs success. dozens of packets, but I see so many of
for a jDb first, the leaming would happen he was one of them. Although he at- "Russ Tershy pays attention to program them fa1J1ng by the wayside. People have
at the same time. I guess I was too dumb tended Stanford University In Palo Alto, phllosophy, and It's a philosophy of In- good intentions, but If they can't con-
to know I should do other things first." CalIf., he was the first of his large famI1y elusion rather than exclusIDn." vince their local JTPA [Job Training
Tershy uses the example of auto me- to complete college. His older siblings Tershy Is quite proud of his organiza- Partnership Actl program to look closely
chanics to explain his point. "We teach did not even flnIsh high schooL tlon and appears unwl11lng to give up the at the CET model. it's going to be an
auto mechanics, which Is a good skill. "My folks were part of the 'Grapes of reins of leadership as CET Is about to uphill climb."
State standards say you need a tenth- Wrath' migrants from Oklahoma. I was launch Into another phase of expansion. 'There's political problems, problems
grade reading level. Fannworkers only four years old and I remember picking "We're the answer to welfare reform,' he with limited resources. If you want to
have three to four years of schooling. Yet fruits and vegetables and selling them states confidently. "I'm ready to retire. start CET. you need to get your troops
they make good mechanics because they door-to-door even when I was eight or but I won't. I'm pretty healthy and I'm together. .
already know a quarter of what we teach nine years old: very vital. "
CET Everywhere? vember with 89 student~ and currently A Long Way From The Garage
offers courses In electronic assistance,
From Previous Page butldlng maintenance, heating and air
Anthony Marty. director of employ- condltlDnlng and medical office clerk. D ,. Anthony Soto "'y' h, whom he describes as a young fire-
ment training at the Private Industry Hernandez says that CET is an im- stands back in awe at the brand.
Council (PIC! of Central Florida in Or- provement over programs that insist on heights the Center for Em- "He and I clicked and of course for
lando, said the initial Investment is "ier- testing students about what they don't ployrnent Training has the last 26 years we have cUcked. We
ribly expensive." . know and then returning them to class- climbed from 1967, when knew we needed money and Russ had
"A child care center costs a quarter of rooms for remedial learning. 15 students huddled In a garage. the idea to ask the church. I tDld him
a million dollars and that's just child "The typical CET client doesn't have "Such a simple concept." he marvels. I wasn't to popular with the hierarchy
care. not one student has been tr'alned. time to spend In sequent1allearnlng pro- "What could have been simpler? If and he told me, 'Wear your Roman
Creating partnerships with state and grams. He needs job training that is In· people are on weJfare, find them a skill collar and we'll go see the Archbishop
community officials is also hard. It's tensive and comprehensive and occurs and a job." Df San Francisco.' When we asked for
easy to converse, it's difficult to ask for In a limited amount of time. " CET dates back to the years of the the money, I had one or two thousand
money and get it." Jerry N. Poole, executive direCtor ofthe War on Poverty during Lyndon in mind and Russ asked for
Eugene Hernandez. directDr of CET Greater New Haven Opportunities In- Johnson's Great Society. It was one of $100,000. He got $75,000."
Model Replication in New York. has dustrial Center, says he has been very hundreds of programs that began In So began a partnership that still ex-
faced a myriad of problems trying to encouraged by the placement rate of his the 1960s and early 19705. Soto re- ists today. between two men who ob-
open doors last September in Manhat- center's first graduates. Since the center called many experiments "tried and viously admire each other's contribu-
1an to seJVe 45 students. Office space is opened In June 1993, almost 50 people found wanting" that wasted millions of tlon to the organJzation they founded.
costly, staff salaries are high and fund- have undergone training and fDund dollars of government money. "From then on Russ did most of the
Ing Is the usual tough challenge. jobs. With a budget of $700,000 Dn a CET, however. Dpened its doors not work." says SotD. who chaired CETs
Hernandez estimated the CDSts Df open- grant from the City of New Haven welfare with federal funds but $75.000 from board for 25 years until he stepped
tng a training center that teaches skills department, the center Dffers sIx skills the Catholic Archdiocese of San Fran- dDwn in 1991. "But he claims I'm the
In five different subjects to be about ranging from computer repair, retail cisco and Archbishop McGucken. Inspiration for the movement. "
$800.000. Yet the New York program sales and management. office skills. In 1976. Soto was a priest. cDnsid- Soto retired his Roman collar in
began with $400.000. graphic design and construction. ere<! a maverick and nDt very popular 1972. went back to school for his doc-
-rhe chief attraction of CET is that The doors have yet to open on with the Catholic hierarchy. Choosing torate In sociology and married
they start with the client's needs and fit Orlando's replication, but Marty has big not tD wear priestly collar or garb and PhylJ1s &xo. He has since retired from
the program to provide those needs, " he ideas. despite his funding difficulties. refuSing to be called 'father' endeared teaching at San Jose State University.
says. Marty says that when he visited CET him to his flock but earned him no &XO believes ÇET succeeds because
Delphine Sellers. division director of headquarters, he searched for what points from the bishops. it olTers students remedial education
the Hampton-Newport News. Va. CET. makes the program so special. "I didn't want to be this authoritar- as they train for a job and because the
likes CETs goal of serving aU the needs "I kept looking for the magtc. Finally 1 Ian ßgure. I wanted tD develop leaders organJzation is a community program
of all students. "We don't turn people realized. it's a farnJIy. They provide holls- among my parishioners." he says. run at the local level rather than by
away. we welcome them." Sellars says tic rules such as the time clocks and the Soto was busy with his work found- the federal government.
that when she first read about CET she structure is provided with a kind and ing Our Lady of Guadalupe Church. "last Monday 1 walked Into an ori-
thought. "Yeah, right. You can put any- loving hand. If you don't show up for the the poorest and newest parish in entation and sat in. I was amazed
thing Into wrtting. - But then she visited class. they look for YDU." Santa Clara County, when he heard of there were 40 people all trying to
San Jose and became a believer. Marty seems to be getting the same a program begun by Rev. Leon learn about CET. I was amazed at the
-I don't think CET realizes how won- treatment as the CET students. "When I Suillvan In PhiJadelphia called Oppor- enthusiasm that still goes on. And
derfullt 15 or how big of an asset they call and tell them I need help or I need tunltles IndustrtallzatlDn Center. Soon people can just walk in. There's no
are. This is real and I want to be a part more eyes to look at proposals. they after. Soto ran intD Russell Tershy. appointment necessary. "
of 1t. - Sellars opened her doors in ND- jump Dn it and gD dD it."
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # A - MEETING OF OCTOBER 24, 1995
LANDSCAPE WAIVER/DELRAY MALL PERIMETER AND INTERIOR
TREES
DATE: OCTOBER 20, 1995
This is before the Commission to approve a waiver to the Land
Development Regulations Sections 4.6.16(H} (3) (a) to reduce the
required number of perimeter and interior trees in conjunction
with the redevelopment of the Delray Mall. The subject property
is located at the northwest corner of Linton Boulevard and
Federal Highway.
The landscape architect has requested a reduction of perimeter
trees from 172 to 165, and interior trees from 703 to 588. The
site contains large mature trees, and the project has been
redesigned to save as many mature trees as possible.
With a major site plan modification in 1986, a waiver was granted
based on the limited amount of open space provided at that time.
However, as the previous waiver applies to that specific site
plan, and as the changes to the mall represent a major site plan
modification, a waiver must again be granted in order to reduce
the number of required trees. The proposed modification provides
an increase in the number of trees from that which was previously
provided in 1986, and reduces an existing non-conforming
situation. No modifications are being proposed to the existing
perimeter buffer. Installation of seven additional trees within
this mature buffer would disturb the continuity of the existing
tree line.
The Site Plan Review and Appearance Board considered this item at
its meeting of September 20, 1995 and recommended Commission
approval of the waiver request on a 5-0 vote.
Recommend approval of a waiver to the Land Development Regula-
tions Section 4.6.16(H) (3) (a & (h) to reduce the required number
of perimeter and interior trees, based on positive findings.
~ O/ì ~
~
CITY COMMISSION DOCUMENTATION
TO: 0 10 T. HARDEN, CITY MANAGER
"'"
THRU:
FROM: ~E~LANNER
SUBJECT: MEETING OF OCTOBER 24, 1995 ***CONSENT AGENDA***
CONSIDERATION OF A WAIVER TO LOR SECTIONS
4.6.16{H}(3}(a) AND (h) TO REDUCE THE REQUIRED NUMBER
OF PERIMETER AND INTERIOR TREES FOR THE DELRAY
MALL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of granting a waiver
to reduce the required number of perimeter and interior trees in
conjunction with the redevelopment of the Defray Mall. The subject
property is located at the northwest corner of Linton Boulevard and
Federal Highway.
This waiver request is being processed pursuant to LOR Section
4.6.16(C)(2), Compliance and Relief.
BACKGROUND:
The development proposal involves the demolition of a portion of the Delray Mall
(everything except Marshall's, Muvico, Publix strip center, Morrison's, Denny's,
and Roadhouse Grill), facade changes to the Publix strip center to match the
new mall facades, addition of an outbuilding (Eckerd's), some parking lot
modifications, and landscape modifications.
The applicant's landscape architect has requested a waiver from LOR Sections
4.6.16(H)(3)(a) and (h) to reduce the required number of perimeter trees from
172 to 165, and a reduction in the number of interior trees from 703 to 588. With
a major site plan modification in 1986, a waiver was granted for a reduction in
the required number of trees based on the limited amount of open space
provided at that time. However, as the previous waiver applies to that specific
City Commission Documentation
Delray Mall Landscape Waivers
Page 2
site plan, and the changes to the mall represent a major site plan modification, a
waiver must again be granted in order to reduce the number of required trees.
The site contains large mature trees. The project has been redesigned in such a
manner to save as many of the mature trees as possible by careful placement of
the structures, drive aisles, and parking rows. The parking lot areas which are
not to be modified are non-conforming with respect to the required 5' landscape
strip between parking rows. In addition, the site currently contains 10% open
space, and 25% open space is required by code. The Delray Mall modifications
decreases this non-conforming situation by providing 18% open space. Given
the above situations, there is physically not enough room to accommodate all of
the required trees.
The proposed modification provides an increase in the number of trees from that
which was previously provided in 1986, which does reduce an existing non-
conforming situation. No modifications are being proposed to the existing
perimeter buffer which contains a mature tree line and ficus hedge. Installation
of 7 additional trees within this mature buffer would disturb the continuity of the
existing tree line.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting
body shall make a finding that the granting of the waiver:
1) Shall not adversely affect the neighborhood area.
The requested reduction of 7 trees around the perimeter of the site should
not have an adverse affect on the neighboring areas, as the existing mature
tree line will buffer the site. The number of trees being reduced is
insignificant given the size of the property. The reduction in the required
number of interior trees by 115 should not affect the neighborhood area. The
modified parking lot areas will be built to code, thereby eliminating non-
conformities. These parking lot areas will be planted with relocated mature
trees. The relocated trees will have larger canopies than that of newly
planted trees, and have a better overall visual affect on the surrounding
neighborhood areas.
2) Shall not significantly diminish the provision of public facilities.
The waivers involve landscape requirements and do not affect the provision
of public services.
City Commission Documentation
Delray Mall Landscape Waivers
Page 3
3) The reduction in the number of trees will not create an unsafe situation.
The reduction in trees will not create an unsafe situation.
4) Does not result in a grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
The reduction in the required number of trees will not result in a grant of
special privileges as waivers have been granted for similar circumstances on
other properties (Delray Mitsubishi, Professional Insulators, and Shell Oil).
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
The Site Plan Review and Appearance Board considered this item at its meeting
of September 20, 1995. The Board recommended to the City Commission
approval of the waiver requests from LDR Section 4.6. 16(H)(3)(a) & (h) on a 5-0
vote.
RECOMMENDED ACTION:
By motion, grant a waiver to LDR Section 4.6.16(H)(3)(a) & (h) to reduce the
required number of perimeter trees from 172 to 165, and a reduction in the
number of interior trees from 703 to 588.
Attachments:
* Waiver Request Letter
* Landscape Plan
. . CiCT-17-1935 12: 13 F~or1 TUR"IER is ¡:::¡SSDC TO 2437221 ~.Ø1
.
JERRY TtJRNER AND ASSOCIATES
OF FLORIDA, INC.
LANDSCAPE ARCHITECTUAE lAND PLANNING ENVIRONMENTAl DESIGN
September 12, 1995
Ms. Janet Meeks
City ~ Delray Be8ICh
Plaming 0epaI'tment
100 N.W. F'nt Avenue
Delray Beach, Fl 33444
RE: REQUEST FOR WAIVER
DELRAY BEACH MALL
Dear Janet,
I am writing k) request a waiver from l.D.R. sedion's 4.6.16 (H) (3) (3) and 4.6.16 (H) (3) (h), required perimeter
1rM8 and r9quired interior 1ree6. We are requesting 8 redudion of T perimeter trees and 115 interior 11'...
M you are aware, the Defray Mall is an exiSting proj9ct with many mature large trees. Every effort W8$ made to
utHize existing trees in 1118 8i1e planning of the new œnter. The perimeter of the property is not changing and the
established 1ree planting will not be distUrbed. These trees were planted prior to 1he 30' O.C. requirement 1herefore
leaving us T trees snort. Planting 7 edditiOnw trees in the perimeter would be Inappropriate as it woukt interrupt
the continuity of the existing tree line.
Regarding the røduction røquested for 1118 interior tree requirement, as you can see by the proposed I~ plan
we have utiSized 1he existing trees to the maximum extent possible and we relocating 811 mature oaks and royai
palms disturbed by the proposed construction. In the areas of Ihe project where the parking areas are being
reworked we have provided .. required trees. The previously øpprovèd site plan reçejved a waiver for required
interiOr trees and therefore ... areas not being changed dO not rnett the codt. In otder to rework theSe areas to
meet !he interior tree nfQuirement we would be disturbing vIt1UaIIy aJl of 1he exisUnC trees. As I Stated eartier, we
striVed to maintain as many existing trees 8S possible. Þroposed new trees ere being installed et heights ~ng
from 16 to 30', weir above 1he required 12' height by the oode. We have greaUyexceed the øreas required for
shrub and groundcover planti~ to provide the center With Q lush, softer p&I1dng aree. than normally is provided.
W. feell1at 8Ithough .,. letter of the code has not been met with respect to the numbers, 1I1e utilization of the
large mature 11'.. alOng With 1he upgrades and enhøncement$ furnished will provide for a superior projeCt.
If you have 8trf questions please do not hesitate 10 call.
Sincerely, ~~~m:rrWlEJD)
J7~ASS
OCT 1" \Q,,!~
oebora TtM"n8f Oster, ASLA PlANNING & ZONING
PresIden\
cc: Lefmalt( Florid&. 'nc.
Levinson Assodates
271 S... 5th A V1tNlJE DELRAY B:lACS, FLORIDA 33483 (407) 176-8453 FAX (407) %71-'1593
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # g·B. - MEETING OF OCTOBER 24, 1995
AGREEMENT WITH FLORIDA STATE HISTORIC PRESERVATION
OFFICER/ADA CONSULTATION RESPONSIBILITIES
DATE: OCTOBER 20, 1995
This is before the Commission to approve an agreement with the
Florida State Historic Preservation Officer regarding the
delegation of consultation responsibilities to the City under the
Americans with Disabilities Act (ADA) .
The ADA regulations provide a process through which the State
Historic Preservation Officer ( SHPO ) may allow modification of
handicap access requirements for designated historic structures
when it can be demonstrated that full compliance would threaten
or destroy the historic significance of the building.
The code states that the SHPO may delegate that authority to
Certified Local Government Historic Preservation programs ( CLG) .
In March of 1995 I requested that Florida SHPO George Percy
delegate the consultation responsibility to the City of Delray
Beach. The response was favorable, and the agreement is
submitted for Commission
Modifications to handicap access requirements would have to be
within the guidelines of State regulations. However, having
local authority to make decisions on this issue should result in
quicker decisions on handicap access issues for historic
structures. This should shorten the review and approval process
for renovation and changes of use for historic buildings in the
City.
I recommend that the Commission approve the agreement for
delegation of ADA consultation responsibilities to the City.
~on ~
~
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR ~ ~J
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 24,1995 **CONSENT AGEN A**
AGREEMENT WITH THE FLORIDA STATE HISTORIC
PRESERVATION OFFICER REGARDING THE DELEGATION OF
ADA CONSULTATION RESPONSIBILITIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an agreement with
the State Historic Preservation Officer, regarding delegation of the consultation
responsibilities under the Americans With Disabilities Act of 1990 (ADA).
BACKGROUND:
The regulations implementing the ADA provide a process through which the State
Historic Preservation Officer (SHPO) may allow modification of handicap access
requirements for designated historic structures. The code states further that the SHPO
may delegate that authority to Certified Local Government Historic Preservation
Programs (CLG). Delegation would allow the owners of local designated structures to
apply to the City for relief from access requirements, when it can be demonstrated that
full compliance would "threaten or destroy" the historic significance of the building.
In March of 1995, the City Manager requested that Florida SHPO George Percy
delegate the consultation responsibility to the City of Delray Beach. Delray Beach was
the first local government in the state to make this request. Mr. Percy responded
favorably, and has had the agreement prepared and submitted for approval by the City.
ANALYSIS
The agreement authorizes the delegation of authority from the State to the City,
provided that the responsibilities are assumed by an architect who is specifically
qualified in historic architecture, or by an architectural historian in consultation with a
registered architect. There are several local people who meet those qualifications, and
who could be called upon to review requests as they come up. All decisions can be
appealed to the SHPO. An annual report of the decisions is required, which can be
City Commission Documentation
ADA Consultation Agreement
Page 2
submitted as part of the annual CLG report that Pat Cayce already prepares. The
agreement will benefit the City by allowing decisions involving the alteration of historic
structures to be made on a local basis.
RECOMMENDED ACTION:
0 By motion, approve the attached Agreement to Delegate Consultation
Responsibility under the Americans with Disabilities Act of 1990 between
the Florida State Historic Preservation Officer and the City of Delray
Beach
Attachments:
. Copy of Above Referenced Agreement
RECEIVED
OCT - 2 1995
FLORIDA DEPARTMENT OF STATE CITY MÞ~" ---." ()HîG
Sandra B. Mortham
SecretaIy of State
DIVISION OF HISTORICAL RESOURCES
R.A. Gray Building
500 South Bronou~h Street
Tallahassee, Florida 2399-0250
Director's Office Telecopier Number (FAX)
(904) 488-1480 (904) 488-3353
September 28, 1995
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: Agreement to Delegate ADA Consultation Responsibilities
Dear Mr. Harden:
Thank you for your recent letter requesting our delegation of local consulting
responsibilities under the Americans with Disabilities Act to Delray Beach.
Enclosed are two copies of the delegation Agreement for your approval. Once the copies
are signed and witnessed, please return them to our office for dating and our signatures.
We will then return a fully executed copy to you for your files. Again, thank you for your
efforts in this matter. We look forward to working with Delray Beach on this important
preservation issue.
Sincerely,
ól7-f/¡¿' /
George W. Percy
State Historic Preservation Officer
Archaeological Research Florida Folklìfe Programs Historic Preservation Museum of Florida History
(904) 487-2299 (904) 397-2192 (904) 487-2333 (904) 488-1484
, ¡ I
"~--.. . ..
.
AGREEMENT TO
DELEGATE CONSULTATION RESPONSIBILITY
UNDER THE AMERiCANS WITH DISABILITIES ACT OF 1990
between
FLORIDA STATE HISTORIC PRESERVATION OFFICER
and
CITY OF DELRAY BEACH
This agreement is between the city of Delray Beach, a
Florida Certified Local Government Historic Preservation
Program, hereinafter referred to as CLG, and the state
Historic Preservation Officer of the Division of Historical
Resources, Department of State, state of Florida,
hereinafter referred to as SHPO.
The Federal regulations which impÍement the Americans with
Disabilities Act of 1990(ADA) provide for a consultation
process between the state Historic ~reservation Officer and
an owner of a qualified historic building when the owner
feels that compliance with the full accessibility
requirements of ADA would ~threaten or destroy" the
significance of the building. If the State Historic
Preservation Officer agrees with the owner then the ADA
requirements may be lessened with specified alternative
minimum requirements. In addition, the regulations
authorize the State Historic Preservation Officer to
delegate this consultation responsibility to a Certified
Local Government Historic Preservation Program.
The purpose of this Agreement is to implement the delegation
of consultation responsibilities from the SHPO to the CLG
for those owners of historic properties within the
jurisdiction of the CLG, as set forth in Section 4.1.7
Appendix A of 28 Code of Federal Regulations Part 36,
hereinafter referred to as Section 4.1.7, and incorporated
herein as Attachment A.
The CLG has requested from the SHPO the delegation of
Section 4.1.7 consultation responsibilities for those owners
of historic properties within the jurisdiction of the CLG.
The parties hereto mutually agree to and execute this
agreement according to the following terms and conditions:
1. Professional alifications: All consultation
respons1b111t1es un er Sect10n 4.1.7 conducted by the CLG
shall be undertaken at a minimum by:
:<1> . , -- ~--
--
. .,
ADA Consultation Agreement --
"',. City of Delray Beach
Page Two
A. An architect meeting the following minimum professional
qualifications:
(1) A professional degree in architecture; or a State
license to practice architecture and
(2) At least one year of graduate study in architectural
preservation, American architectural history,
preservation planning or closely related field; or at
least one year of full-time professional experience on
historic preservation projects
or
B. An architectural historian in/consultation with a
registered architect.
The architectural historian shall meet the following minimum
professional qualifications:
(1) A graduate degree in architectural history, historic
preservation, or closely related
field,
(2) At least two years of full-time experience in
research in American architectural history, or
architectural preservation.
2. Consultation Procedures: CLG shall conduct all
consultation activities pursuant to this agreement in
accordance with Section 4.1.7.
3. Annual Rep?rt: The CLG shall provide the SHPO an annual
report describ~ng all Section 4.1.7 activities for the year.
The report at a minimum shall include a summary of each
consultation request, each decision issued, resume(s) of
individual(s) reviewing the requests. The annual report is
due by November 1 and shall cover the previous October 1-
September 30 year. This annual report shall be appended to
the annual CLG programmatic report.
4. C~liance: If, upon review of the annual report, it is
determ~ned by the SHPO that the CLG is not in compliance
with this agreement, the SHPO shall notify the CLG in
writing of deficiencies. The CLG shall provide, within 30
days of receipt of official notice of deficiency, a plan in
writing describing the manner in which the deficiencies
shall be corrected and an implementation schedule indicating
when the deficiencies shall be corrected. The corrective
actions and schedule shall be developed in consultation with
the SHPO.
:...- t , ~- i ¡: -
-.
,
ADA Consultation Agreement !
_.
- City of Delray Beach
- Page Three
Failure to take the necessary corrective action as scheduled
will result in withdrawal of authority delegated pursuant to
Section 4.1.7.
5. Appeal Procedure: Any entity which has consulted with
the CLG under Section 4.1.7 may appeal the CLG decision to
the SHPO. An appeal shall be directed to the SHPO in
writing within 30 days after the decision by the CLG has
been issued. Within 15 days of receipt of all necessary
documentation, the SHPO shall render a decision regarding
the appeal. For the purpose of Section 4.1.7, this decision
shall be binding. The SHPO shall give the CLG the
opportunity to respond to an appeal prior to the SHPO
issuing a decision.
An appeal request shall, at a minimum, include:
A. The CLG decision and all documentation upon which the
decision was based.
B. A statement describing accessibility deficiencies and
photographs indicating existing conditions and architectural
character of the of the property in question.
C. Sketches and narrative statement of all alternatives
considered in the effort to bring the property into
compliance with accessibility requirements of the Americans
with Disabilities Act of 1990.
D. A statement describing why it is felt that compliance
with the referenced accessibility requirements will threaten
or destroy the historic significance of the property.
This agreement is entered into and executed ,
19 .
WITNESSES: DEPARTMENT OF STATE:
GEORGE W. PERCY
State Historic Preservation Officer
CITY OF DELRAY BEACH:
THOMAS E. LYNCH
Mayor
~
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...... ~-....
4 , ~ ATTACHMENT A .~
~ .~
~ · .
-
-- 0·4.1.7 Accea!ble Bu:1d1D¡a: B1storle Presert'aUon
re
~ (U) Where it is technlcaUy lnCeasSble to through 4.35 and the appl1cable special apPl1'
~
~ anstaU a requtred IIlandard stall (FIg. 3O(a)). or cation acctions 5 through 10 !-Inless it 15 deter-
-~-
where other codes prohibit reduction of the mtned In accordance with the procedures In
flxture count (l.e.. TCmoval of a water closet In 4.1.7(2) that comp1lance wUh the requ1rements
order to create a double-Wide stall). either for accessible routes (exterior and Intmor).
aJternate stall (FIg.3O(b)) may be pnwtded In . ramps. - entrances. or toilets would threaten or
lieu of'the standard staU. destroy the hJstoJ1C aJgnJflcance of the bu11dJng
or Cacl.1Jty In which case the alternattve require-
(111) When c:xssttng toilet or bathJng ments In 4.1. 7(3) may be used Cor the feature.
facWUes are being altered and are not made
accessible. stgnage complytng with 4.30.1. EXCEP110N: (Reserved).
4.30.2.4.30.3.4.30.5. and 4.30.7 shaD be
pnwtded IndJcat.1ng the location of the nearest (b) Dcßnttion. A quaUßed h1stonc bulld1ng
accessible toilet or bathing facility within the or facility 15 a buüd1ng or facl.1Jty that Is:
lacWty .
(1) Listed In or e1igtble Cor lJsttng"ln the
(n Assembly Areas: National Regtster of Hlstor1c Places; or
(S) Where It Is technically Infeasible to ,J (U) Designated as htstot1C under an
dispersè accessible seating throughout an appropriate State or local law.
altered assembly area. accessible seating areas
may be clustered. Each access1ble seating area (2) Procedures:
shan have provts1ons for companion seating
and shall be located on an access1ble route that (a) Alterations to Qual1íled Histone BuUd-
also serves as a means of emergèncy egress. ings and Facilities Subject to Section 106 of the
National Historic PrescIVaUon Act:
CU) Where it 15 technicaDy tnfeasfble to
alter all performing areas to be on an accessible (S) Section 106 Process. SecUon 106 of
· route. at least one of each type of performing the National Histortc Preservation Act (16
area shall be made access1ble. U.S.C. 470 í) requires that a Federal agency
(g) Platlorm lJfts (Wbeelchair Ufts): In with Jurisdiction over a Federal. Cederally
assisted. or federally l1censed undertak1ng
alteraUons. platform l1fts (wheelchair l1fts) consider the effects or the agency's undertak1ng
compJy1ng with 4.11 and applicable state or on bulldlngs and facilities lJsted In or eligible I
local codes may be used as part of an acces- Cor list.lng In the National Register or Histone I
sible route. The use of l1fts Is not lJn'1Jted to the Places and give: the Advisory Councl1 on His-
four condJUons In exception 4 of 4.1.3(5). tonc Preservation a reasonable opportunity to
corrunent on the undertaldng pnor to approval
(h) Dressing Rooms: In alterations where of the undertaking. !
technica1tnfeasib1l1ty can be demonstrated. one
dressing room for each sex on each level shall (U) ADA AppUcation. Where alterations
be made accessible. Where only unisex dress· are undertaken to a qual1fied histone building
In,g rooms are provtded. accessible untsc:x or CacUity that Is subject to section 106 of the
dressing rooms may be used to Cul!W this NaUonal Histone Preservation Act. the Federal
requirement. agency with Jurtsd1cUon over the undertaking
shall follow the section 1060 process. If the
4.1.7 Acceu1ble Bu1ldiD.¡a: Watorlc State Histone Pr'esen-aUOn omcer or .Advisory
Pl"eaerTat1oD. Council on Histone Preservation agrees that
compUance with the requirements Cor acces-
(1) App1Jcab1l1ty: sible routes (cxtenor and interior). ramps.
entrances. or toilets would threaten or destroy
(al General Rule. Alterations to a qual1fied the histonc slgn1ficance of the bu11dtng or
histone buildtng or facUity shall comply with fad11ty. the alternaUve requirements In
4. 1.6 AccessJble BuUdlngs: Alterauons. the 4.1.7(3) may be used for the feature.
appl1cable technIcal spec1ßcauons of 4.2
· PAGE 1 _0-
"
t-!·::- .. · --.=. - - --
- .~--~ - ATTACHMENT A
_._- -..- .-
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. .
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f'---' - .-
4.2 Space ADowuace aDd Reach 1laJJCH
~ -~ (.
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j- (b) A)teraUons to Qualified H1StoJ1c BuDd- (b) At least one accessible: entrance comply.
I. angs and FacüsUcs Not Subjectlo ScctJon 106 1ng wUh 4.14 which is used by the public shall
~ or the NaUonaJ H.tstor1c PreservaUon Act. Where be pJ'O\l1ded.
aJteraUons aTe undertaken to a qual1ned !us-
tonc buUdJng or !acüsty that1S not subject to EXCEP'I10N: If 11 is detennJned that no
secUOn 106 of the NaUonal HsstoJ1C Prcserva- entrance used by the public can comply With
tJon Act. Sf th~ enUty undenakSng the alter- 4.14. then access at any entJ'ance not used by
aUons believes that compliance With the re- the genera) public but open (uruockcd) With
qUSTements for accessible: routes (ex1eJ1Or and dSTecUorial sJ.gnage: at the pJ1mary entrance
Intenor). ramps. entrances. or to1Jets would maybe used. The accessible entrance shaD
threaten or destroy the hSstor1C slgn1ßcance of also have a noUficaUon system. Where securtty
the buUd1ng or fac1l1t)· and that the alternaUve 15 a problem. remote monstoJ'1ng may be useå.
requ1remenlS In 4.1.7(3) should be u~d for the
leature. the enuty should consult With the Ie) If toJ)ets are provided. then at least one
Slate HistOT1c PreservaUOn Oß"Jeer. 1f the State toilet faC111ty comp)y1ng With 4.22 and 4.1.6
ffiSlOJ1C PrcscIVaUOn Offieer agrees that com- shall be prov1ded along an accessible route that
pUance With the: accessibility requsrements (or compl1es With 4.3. Such tol1et fac1l1ty may be:
accessible: routes (ex1eJ1or and intertor). ramps. unisex in design.
I entrances or to1Jets would threaten or destroy
the h1StoJ1cal ssgnsficanee of the buJ1d1ng or fð) Accessible routes from an access1ble
(acJ1Jty. the: altemaUve requirements in 4.1.7(31 entranc~ to all publicly used spaces on at least
may be used. the level of the aCCCSSlble entrance shall be
pTOYSded. Access shall be prov1dcd to all levels
ic) ConsultaUon With Interested Persons. of a bul1ding or fad11ty in compliance W11h 4.1
Interested persons should be 1nv1ted to parUcl- whenever practical.
pate In the consultation pJ"OCess. inc1ud1ng
State or locaJ accessJbJ1ity ofI'iesals. lndMduals (c) Displays and WJ1tten 1nfonnaUon. .
W11h d1sabJ1iUes. and organ1ZaUons represent- documents. ctc.. should be located where
mg tndMduals With d1sabJ11ties. they can be seen by a seated person. Exhsbits I
and ~age displayed hOr1ZOntall)' (e.g.. open
(11) Certified Local Government H1stOJ1C Pre- books). should be no higher than 44 in ¡
servaUon Programs. Where the State Histonc (1120 mm) abovc the 1100r surface.
PTeseIVaUon Officer has delegated the consulta·
tion responsSb111ty· ¡or purposes of thiS secUon NOTE: The technlcaJ proV1Sions of sections 4.2
I to a local government histone preseIVauon through 4.35 are the same as those of thc
. program that has been certified in accordance AmeJ1ean NaUonal Standard lnsUtutc's docu-
I With section 101(c) of the Nauonal Histone ment Al17.1-1980. except as noted in the text. I
I
Preservation Act of ]966 (16 U.S.C. 470a (e»
I and unplemcnung regulauons (36 crn 61.5). 4.2 Space Allowance and Reach
thc responsiblHty may be can1ed out by the Rangel. I
appropT1ate local government body or offic1al. I
I I I
I 4.2.1- Wheelcha1r Passage WIdth. The
13) H1stonc Preservation: MJn1mum I
I I rn1fUmum clear width fOT s1ng1e wheelchaJ.T
Requirements: passage shalJ be 32 in 16] 5 mm) at a pOint and
. (a) A1 least one accesslblc route complying 36 in 1915 mm) continuously (see FJg. 1 and
WIth 4.3 from a sUe access point to an aCCtS- 24(e)).
sible entrance: shall be: pTOY1ded. 4.2.2 WIdth for Wheelchair Pantft'. The
EXCEPTION: A ramp With a slope no greater mJn1mum Width for two wheekha.\TS to pass is
than 1:6 for a run not to cxceed 2 ft (610 mm) 60 in I] 525 mm) (see Fig. 2).
may be used as part of an accessible route to 4.2.3· Wheelchair TurDJn¡ Space. The
an entrance. space required fOT a wheelchair to make a ]80-
degree turn is a clear space: of 60 in (1525 mm)
I (e
----..-.---- --.-...- PAGE 2
u__
· tJ~
ll1'1
£ITY DF DELIAY BEA£H
CITY ATTORNEY'S OFFICE 2()(¡ ¡·;w ht AVENUE' DELRAY BEACH, FLORJDA 33444
F.\CS!t\!U.i: 4U7/278·4755
DELRA Y BEACH Writer's Direct Line: (407) 243-7090
F LOR L D "
.......
AII.America City MEMORANDUM
, ~ III!
DATE: October 19, 1995
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attom;Ø.
SUBJECT: Hold Harmless Agreement Between City, Delray Intracoastal Joint
Venture. and Life Care Retirement Communities. Inc.
The attached agreement is proposed to be entered into by the City, Delray Intracoastal
Joint Venture, Inc. ("DIJV"), and Life Care Retirement Communities, Inc. ("LCRC").
DIJV owns the property located at 401 E. Linton Boulevard, and LCRC leases the
property and operates Harbors Edge. LCRC proposes to construct a wood patio deck on
the southwest comer of the property. The deck will overhang an existing 12' utility
easement by approximately 4'6". The City's Engineering Department has approved the
installation, as the deck's footers will remain outside of the easement.
Approval of the hold harmless agreement will release the City of any liability associated
with the deck. In the event the City must perform maintenance within the utility
easement, LCRC and DIJV will pay for the deck's repair and replacement.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Jamie McCluskie, Assistant Planner
Dan Beatty, City Engineer
harbors.dnt
® Pnntcä on Recyc!eci Parer fC.
.,
THr 16:45 FAX 407 278 H55 .___ DEL BCH CTY ATTY . """""" CITY HALL i4J 002
10/19:95 rJ 1i 1M c¡u (¿4jUUJ8 P. 02
IND!MNIFfCA TION AGFŒEMENT
THIS INDEMNIFICA TION AGREEMENT is made as of
, 19Sõ, by and between The City of Delray Beach, Florida,
(the "City") and Delray Intracoastal Joint Venture, a Florida Partnership (DIJV),
¡
WHEREAS OlJVowns property legally dAscribed as 11 (Blk 1). 13-':6 & 29--32 (611<
2), Section 2' Township 465, Range 43E. Plat Book 1, Page 128, (the "Ptoperty") which
[s a !,or'tìon of property locally known as Harbour's Edge, located at 4Q1 E. Linton
Boulevard, Defray Beach, Florída; and
WHERIAS, DIJV has entered into a (ease agreement with Life Care ~etirement
¡
Communities. Inc., an Iowa non-profit corporation ("LCRC") pursuant to which DIJV lias
leased the Property to LCRC; and
WHEReAS. the City hêls an existing twelve foot (12 ) utility easem~nt on a portion
of the Property and maintaIns underground services on a portion of the Pr!=>perty which is
subject to such utility easement; and
WHEREAS, DIJV Is involved ìn constructing a cantilevered wooden deck, a portion
of which will en~oach over a portion of the Þro~erty which ¡s subject to the City'S utility
easement; and
WHEREAS. The City and DIJV wish to reach an agreement concerning (a) the
allocation of responsibmty for maintenanCè of the wooden deck and damage to the
wooden deck caused by maintenance of existing utilities within the portion of the Property
which is sUbject to $ucn utility easement and (b) the terms upon which DIJV will indemnify
the City in the event of such damage ;
10/19/95 THr 16: 45 FAX 40i 2i~__4}:5~. _~..~ DEL BCH CTY ATTY ...·H CITY H.-\LL [4 003
r 111\ ¡'IV. 14U12430038 p, 03
NOW. THnREFORB, in consideration of the covenants and other matters set forth herein,
,.
thð aty and DIJV I\¡vee as follows:
1. The reci~ set forth abo\'c nre inco¡pora.ted ~ein and 1J'1ad~ a part of this
Inde.mnifiçaÛOß Agreement.
2. OlJV aJf~ðS that the at)' shall have and shall as..~ no ~sponsibllity for
, ,
Dl&iücmance of the wood~ deck which wU¡ be çantíJevered over a portion of the. Property which
is subjtet to the City's utility easement. ~ny oom: of replacement or repair· to ~e woo.1en deck
shall be the responsíbility of DIJV . and th~ Oty will not be liable for any ~es caused to
I
the wooden deck 8$ a result of J:naintenance of th~ exÎ:t1i.ng utilities in that portiœ of the Propeny
which is subject to the City's ulility easement.
3. In consideration of the paymcl1t of ten dollars ($10.00), reoeipt of wlùch is hereby
ucknowlec!sed, DIJV asrea$ to def("nd. indemnjfy, and hold harmless the Cit),. its 4S¡eI1ts.
otfi~rs, employees and servants from any and all olaims, damages, 1iabillties~ ~its, or causes
of action (the "Oai.m.s") to which the City may be subjectw which may result from maimer.ance
of the ex4iing utilities in th!t portion of the Property which is subject to ilie City's utilit)'
easement, if the Claims ooncert1 damage to tho wooden deck or other d.ama~e caused by the
ençroachment of the wooden deck ove:! a ¡>onion of the.Propert)' which is subject to the City's
utility easement
4. This Indemnification Agreement or any provision hereof may be Changed. waived,
discharged or terminated only by a stat~ment in writing signed by the party against which
enforçement of the changc, waiver, d1scharge or termination is sought. Tl1Îs Indemnification
I
Agreement shall be governed i.." all respects by the 1aw!ì of the State of Fl9rlda. Except as
,
2
(
!
.
THt 16:46 FAX 407 278 475~ __~_ DEL BCH CTY ATTY _..H.... CITY HALL [4]00-1
101.19/95 - r Hi'. NU, 14UR43U038 P. 04
Olh~rwis~ ~~ssl:y provi4ed herein~ the provisions hereof shall inurt to the ~l1efit of, and be
binding upon, !he successors, assi~, heirs, e",ecutors and administiators of ilie parti~s ht:retO.
Th.is1ndemnification Apeement and the other documents d~,)jvered pursuant her,to constitute the
full and entire understanding and agre.eme.nt between the parties hereto with rega;rd to the subject~
I
hereof and thereof. In œsc any provision of this htdetnniti¢aUon Agreement not material to the
benefits intended to be çonfc:rred hereby shan be invalid, ü1ðgalt OT unanfœc1-b1e. the validity,
and enforceability of the remaining pro\lisions shall not in any way be aff~M or i.:n~
J
thereby. The parties to this Indemnification Agreement shall in good faith eiecute such other
and further instruments, assi¡nments or documents as may be. neces..4W}' or advisable to carry out
the transaCtions contemplated by this Indemnification Agreement.
IN WITNESS WHEREOF, the parties have entered into this Inde11'ln1f1cation Agreement
the day and y_ first written above.
ClTY OF DELRA Y BEACH. FLORIDA
By:
Mayor
A'ITEST
City Clerk
Approved as to Pam:
~
City ^ttom~y
i
.
10119,' 95 THr 16: 46 FAX 40 i 2 i 8 H 5 5 ____ DEL BCH CTY ATTY "'-H CITY HALL !4J I) I) 5
. V~¡-¡O-~~ ~tV ¡q;~~ rt~~VV~ ~ ~VVL r MI\ [iV. 1 qU ,,4:;0038 p, 05
I
-
;
;
STATE 0' IOWA
POlK COUNTY
:
I
;
On this 1Øl.day Of ~. 'W5. ÞefOf'e mal 1he yr*,igned, êI NotarY P~¡iç in and for
\he Mid -. ~ny appeared i='red WeitZ. to me personaV)' knøWn. WhO beJng by me
dl.&[Y swcrn, CIi<i say 1h8t he is h President of Delray Hracoa~1 ~, wÞid"I is a
General Partner of o./ray tntraeOB$ta/ Joint v.nture IX8CUting the within and ~ing
ìnstNmwd. that no .sea' h88 b8en prcanc:I by the corporation; that 1he inWument_.
Iigned Qr\ bt!heIf of the ooorpntiOn by authOrity d tIw OIJV PIiIrlners; .and that Fred WeìtZ
as awch offtcer eknowledSGd ~e ~on of tie fore8øing imtrurn.nt to bit thè volvntal)'
eGt ~ deed Of tne a:rpor1Ition, by it and by him voluntarily execut8d.
fil ~.] 4~ /11- S~'¿¿Y-L!
A"'~rR.;-'t /ft. t3~ t!. '- ¿/.,ð Ii-
Notary PuÞ6ç in IInd for said :stat.
':JAOWENsWPføfNDI!JW'<~
:
·
INDEMNIFICATION AGREEMENT
THIS INDEMNIFICA TION AGREEMENT is made as of
. 1995, by and between The City of Delray Beach, Florida (the IfCitylf)
and Life Care Retirement Communities, Inc., an Iowa nonprofit corporation d/b/a Harbour's Edge
(IfLCRCIf).
WHEREAS, Delray Intracoastal Joint Venture (IfDUVIf) owns property legally described
as 11 (Blk 1), 13-16 & 29-32 (Blk 2), Section 21, Township 46S, Range 43E, Plat Book 1, Page
128, (the IfPrOpertylf) which is a portion of property locally known as Harbour's Edge, located
at 401 E. Linton Boulevand, Delray Beach, Florida; and
WHEREAS, DUV has entered into a lease agreement with LCRC pursuant to which
DUV has leased the Property to LCRC; and
WHEREAS, the City has an existing twelve foot (12') utility easement on a portion of
the Property and maintains underground services on a portion of the Property which is subject
to such utility easement; and
WHEREAS, LCRC is involved in constructing a cantilevered wooden deck, a portion of
which will encroach over a portion of the Property which is subject to the City's utility easement;
and
WHEREAS, The City and LCRC wish to reach an agreement concerning (a) the
allocation of responsibility for maintenance of the wooden deck and damage to the wooden deck
caused by maintenance of existing utilities within the portion of the Property which is subject
to such utility easement and (b) the terms upon which LCRC will indemnify the City in the event
of such damage;
NOW, THEREFORE, in consideration of the covenants and other matters set forth herein,
,.
the City and LCRC agree as follows:
1. The recitals set forth above are incorporated herein and made a part of this
Indemnification Agreement.
2. LCRC agrees that the City shall have and shall assume no responsibility for
,
. .
maintenance of the wooden deck which wW be cantilevered over a portion of the Property which
is subject to the City's utility easement. ~ny cost of replacement or repair to the wooden deck
shall be the responsibility of LCRC, and the City will not be liable for any damages caused to
the wooden deck as a result of maintenance of the existing utilities in that portion of the Property
which is subject to the City's utility easement.
3. In consideration of the payment of ten dollars ($10.00), receipt of which is hereby
acknowledged, LCRC agrees to defend, indemnify, and hold hannless the City, its agents,
officers, employees and servants from any and all claims, damages, liabilities, suits, or causes
of action (the "Claims") to which the City may be subjected which may result from maintenance
of the existing utilities in that portion of the Property which is subject to the City's utility
easement, if the Claims concern damage to the wooden deck or other damage caused by the
encroachment of the wooden deck over a portion of the Property which is subject to the City's
utility easement.
4. This Indemnification Agreement or any provision hereof may be changed, waived,
discharged or terminated only by a statement in writing signed by the party against which
enforcement of the change, waiver, discharge or termination is sought. This Inderrmification
Agreement shall be governed in all respects by the laws of the State of Florida. Except as
2
otherwise expressly provided herein, the provisions-hereof shall inure to the benefit of, and be
binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto.
This fudemnification Agreement and the other documents delivered pursuant hereto constitute the
full and entire understanding and agreement between the parties hereto with regard to the subjects
hereof and thereof. fu case any provision of this fudemnification Agreement not material to the
:
benefits intended to be conferred hereby shall be invalid, illegal, or unenforceable, the validity,
and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby. The parties to this fudemnification Agreement shall in good faith execute such other
and further instruments, assignments or documents as may be necessary or advisable to carry out
the transactions contemplated by this fudemnification Agreement.
IN WITNESS WHEREOF, the parties have entered into this fudemnification Agreement
the day and year first written above.
CITY OF DELRA Y BEAŒ, FLORIDA
By:
Mayor
A TIEST
City Clerk
Approved as to Fonn:
City Attorney
3
.,
By:
~œ-
STATE OF-roWJ\
¡
POLK COUNTY
On this~1 day of September, 1995, before me, the undersigned, a Notary Public in and
for the said state, personally appeared John J. Kaduce, to me personally known, who being by
me duly swo~ did say that he is the President of the corporation executing the within and
foregoing instrument, that no seal has been procured by the corporation; that the instrument was
signed on behalf of the corporation by authority of the Board of Directors; and that John J.
Kaduce as such officer acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of the corporation, by it and by him voluntarily executed.
~îr lx. 't'd~
;1~~,fl~
Notary Public in and for said state
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: Oct. 5, 1995.
BONDED TRaU NOTAaY PUBLIC UNDERWRl1ERS.
F:\AOWENS\WP6O\INDEMN.AGR
4
. tJl(
f/l\1
£IT' OF DELIA' 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
DELRAY BEACH
f lOR I D A
b:ed
AII·America City MEMORANDUM
" III!
DATE: October 17, 1995
1993 TO: City Commission
FROM: David N. Tokes, Assistant City Attorn~
SUBJECT: Agreement with W.E. Association, Inc. and Acceptance of Easement
Deed for Construction of Drainage Improvements
The attached agreement is proposed to be entered into by the City and W.E. Association,
Inc. The association represents the unit owners at Waterway East on the south side of
Atlantic A venue just east of the Intracoastal Waterway.
The agreement will permit the City to enter onto the property in order to construct a new
outfall structure. The construction will improve drainage conditions in the area. The
association is also granting the City an easement across the southern boundary of the
property in which to install the drainage pipes which will connect the existing drainage
system to the outfall structure.
Approval of the agreement and acceptance of the easement deed are recommended. If
you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Dan Beatty, City Engineer
Alison MacGregor Harty, City Clerk
watway-4.dnt
@ Printed on Recycled Paper y.[J.
.
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR PAVEMENT AND DRAINAGE CONSTRUCTION
PROJECT: ATLANTIC A VENUE/MIRIMAR DRIVE PUMP STATION
PROJECT NO. 93-30
PARCEL NO. 12-43-46-16-62-000-0000
PROPERTY OWNER: W.E. Association, Inc.
900 East Atlantic A venue
Delray Beach, Florida 33483
THIS AGREEMENT entered into this ~ day of ..:TtI.vE , 1995, by and between
the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as
CITY), and W.E. ASSOCIATION, INC., referred to as (OWNER), provides as follows:
WHEREAS, the CITY desires to complete pavement and drainage construction and/or
modifications associated with the above-named project, which is located at the property
described below; and,
WHEREAS, the City has determined that the improvements are necessary to protect the
public health, safety and welfare; and,
WHEREAS, in order to complete said pavement and drainage construction, it is
necessary for the CITY to enter upon and perform various construction tasks on the following
described property:
See Attached Exhibit "A"
and;
WHEREAS, as part of this project, the CITY will return the disturbed area to like or
better condition than prior to construction, and provide a pavement overlay for the driving isle
Page I of 3
.,
adjacent to the said construction area and connect the existing drainage system to the proposed
outfall.
NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing
to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their employees,
agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of
OWNER for the purpose of constructing the project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed.
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
W. E. Association, Inc.
BY:~ T ;ztø?
eL íll ..:T. (/
(Name Printed or Typed)
~"y~t3~~
-prf1.sC((..("A- ßc..A-1te.. .4V~ ~
(Name Printed or Typed)
State of Florida
County of Palm Beach
The foregoing ¡ostrumenltks acknowledged. before me this 1 day of
~ ,I995by ~~ ~ ~~ (nameofollcer
agent, title of officer or age~f Ii_./. £" r~Ar ~.£:.-.'- (name of corporation
Page 2 of3
"
acknowledging), a PI k (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
anoaili. /{/ æ04flød2
~",\~~IW ~6."",~ i ature of Notary Pu IC-
~ ~0 ........ ~..s- ~ f FI ·d
1'~...;.~'SS'ONtt.:.~% 0 on a -¡¡¡:
I hQJ~'ðER1.t ~-a.\ ~ F ~ ~ IJ
!! ¡..~ '~..." ~.
=*: ii'f···5 !*æ tfJ. ð
i~\ ICC40737t :~i . ~ '
\;~..~ 8ø~d!d\"'" "l~ nnt, ype or Stamp Name of
'~~~:I~~~~~~«'v~ Notary Public
"'¡"lUe ST"~ f;J",~""
~"" ;IIIII"\\\\~
Page 3 of3
.. . .
.
. ,
O'BRIEN, SUITER & O'BRIEN, INC.
land Surveyors
760. N. FEDERAL HIGHWAY . . DF.lRAY 276·.50.
D"~R"Y nACHo flORIDA 33AII3 BOYNTON 732·327'
" '. . . APRIL 17, 1995
,
DESCRIPTION:
THAT PART OF BLOCKS 141 AND 149, TOWN OF LINTON (NOW DEL RAY
BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND THAT PART OF BLOCK B, JOHN B.
REID'S VILLAGE, AS RECORDED IN PLAT BOOK 21, PAGE 95 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: .
BEGIN AT THE POINT OF INTERSEGTION O~ THE EAST RIGHT OF WAY LINE
OF THE INTRACOASTAL WATERWAY" AS SHOWN IN PLAT BOO~ 17, PAGE 16B
OF THE PUBLIC RECORDS OF PAL~ BEACH COUNTY, FLORIDA, WITH A LINE
318.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE . .
NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHEAST QUARTER (S.E.1/4) OF
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST; THENCE
N.90000'OO"E., ALONG SAID PARALLEL LINE, 542.27 FEET TO WEST RIGHT
OF WAY LINE OF VENETIAN DRIVE AS SHOWN ON THE SAID REPLAT OF
PORTION JOHN B. REID'S VILLAGE AND TO A POINT ON A CURVE CONCAVE
WESTERLY WITH A RADIUS OF 1418.16 FEET, A CENTRAL ANGLE OF
0°58'15" AND A CHORD BEARING N.3023'34"E., THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE, 25.04 FEET; THENCE N.90000'OO"W., 250.37
FEET; THENCE S. 70 35 '05 "w . , 10.09 FEET; THENCE .N.90000'OO"W.,
290.05 FEET TO THE SAID EAST RIGHT OF WAY LINE OF THE INTRACOASTAL
WATERWAY; THENCE S.1031'OO"W., ALONG SAID EAST RIGHT OF WAY LINE,
15.13 FEET TO THE SAID POINT OF BEGINNING.
. .
.
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ~ day of ~, 1995, by and between W.E.
ASSOCIATION,INC., whose address is 900 East Atlant Avenue, Delray Beach, Florida 33483, party
of the first part, and the CITY OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten
($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the
second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto
the party of the second part, its successors and assigns, a right of way and perpetual easement for the
purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to
enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over,
under or within the following described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Attached Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second part,
its successors and assigns, of ingress and egress over and on that portion of land described above, to effect
the purposes ofthe easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations of
record. That the party of the first part agrees to provide for the release of any and all mortgages or liens
encumbering this easement. The party of the first part also agrees to erect no building or effect any other
kind of construction or improvements upon the above-described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition or better
without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right
and lawful authority to grant the above-described easement and that the same is unencumbered. Where the
context of this Easement Deed allows or permits, the same shall include the successors or assigns of the
parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day
and year first above written.
~~~~ PARTY OF THE FIRST PART
W.E. Association, Inc.
BY:~ -r-~ ~
(name printed or typed) j/ .
I
W7J}~dd--
¡2 J CJ/ /t1(}) L~/N~. r
(name printed or typed)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this -1- day of ~/ , 1995 by
~~ T ~-ßz (name of officer or agent, title of/officer or agent) of
C{¿t ç .:r./'lÀ-;::1;::"1 (name of corporation acknowledging), a Flit-, (state or
place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced ~j~-jb ~ (type of identification) as identification and did (did not)
take an oath. ~~
Signa re of Notary Pubhc - tate
of Florida
~,\\I"U"'''''''l tdd~ F~~-L/L
~,'~ ~ F /(Q ~IIJ: Print, Type or Stamp Name of
.,. ~ ......... 'C1t ~
''"''~.. ",4>" Notary Public
~ ,."~ \
.,. ~ ... .. .,.
\~,
~/l IC " ~"~
1111"'h"'\I"\~
2
'.
. .
. '.
.
. .
O'BRIEN, SUITER & O'BRIEN, INC.
land Surveyors
'601 N. """'tAl HIGHWAY . . DEllIAY 276.001
DElIIAY lEACH. FlO"IDA 33483 IOYNfON 732·327'
.. '. ' . APRIL 11, 1995
!
DESCRIPTION:
THAT PART OF BLOCKS 141 AND 149, TOWN OF LINTON (NOW DELRAY
BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND THAT PART OF BLOCK B, JOHN B.
REID'S VILLAGE, AS RECORDED IN PLAT BOOK 21, PAGE 95 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ,
BEGIN AT THE POINT OF INTERSEGTION O~ THE EAST RIGHT OF WAY LINE
OF THE INTRACOASTAL WATERWAY,· AS SHOWN IN PLAT BOO~ 17, PAGE 16B
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY~ FLORIDA, WITH A LINE
318.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE ' ,
NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHEAST QUARTER (S.E.1/4) OF
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST; THENCE
N.90000'00"E., ALONG SAID PARALLEL LINE, 542.27 FEET TO WEST RIGHT
OF WAY LINE OF VENETIAN DRIVE AS SHOWN ON THE SAID REPLAT OF
PORTION JOHN B. REID'S VILLAGE AND TO A POINT ON A CURVE CONCAVE
WESTERLY WITH A RADIUS OF 1478.16 FEET, A CENTRAL ANGLE OF
0058'15" AND A CHORD BEARING N.3023'34"E., THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE, 25.04 FEET; THENCE N.90000'00"W., 250.31
FEET; THENCE S.1035'05"W., 1 0.09 FEET; THENCE. N. 90000' OO"W. ,
290.05 FEET TO THE SAID EAST RIGHT OF WAY LINE OF THE INTRACOASTAL
WATERWAY; THENCE S.7031'00"W., ALONG SAID EAST RIGHT OF WAY LINE,
15.13 FEET TO THE SAID POINT OF BEGINNING.
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RECE.IVFD vi\
[IT' DF DELRA' BEA[H OCT 1 3 1995
DELRAY BEACH CITY M~~I' --~.:' . : .
f ( 0 R I () " In
tr.ftd 100 N,W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·4071243-7000
flii'!
MEMORANDUM
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Surfing Contest
DATE: October 13, 1995
Attached please find a copy of a letter from Tom Warnke of the Eastern
Surfing Association requesting approval to hold a surfing contest at our
municipal beach on November 4, 1995. Mr. Warnke expects approximately 65
participants spread over the course of the day with another 12 people
helping to coordinate the event. The event will take place from 8:00 AM
to 5:30 PM. Eastern Surfing Association will provide the required
insurance coverage naming the City of Delray Beach as additional insured.
Each contestant will be required to sign a release waiver form. The
contest will not additionally impact our beach patrol as they typically
set up a surfing area when surfing conditions exist. Additional security
is not required.
Please place this on the October 24, 1995 agenda for City Commission
consideration.
\o-c \ , C (',
\ "-
.. \ ¡
\ \ / ,'C ..'---../' ~
/ \
Joe\W1ldon
Dire2tor of Parks and Recreation
Attachment
cc: Sharon Morgan, Agenda Coordinator
Ref:dhsurf ?J·E·
@ Printed on Recycled PapBí THE EFFORT ALWAYS MATTERS
.
9
Eas.ern Surfinll Assocja-cjon
PALM BEACH COUNTY DISTRICT
625 Lakeside Harbor
Boynton Beach Fl 33435
Joe Weldon
City of Delray Beach
Recreation Dept.
50 N.W. 1st Ave.
Dekay Beach, Fl., 33444
Dear Joe,
As we discussed last week, I am writing to request approval of our
1996 contest for Dekay Beach on November 4th.
We will be able to purchase our liability insurance during the next
week, or as soon as that date is approved.
Our format remains the same, and we do not expect the number of
participants or spectators to increase.
If I can answer any questions, my phone is 732-1676, and my fax is
732-0377.
Thank you for your consideration.
Best regards,
~Ø?1 --r~
Tom Warnke
District Director
.
RECEIVED OCT 6 1995
{liJJS ~¢17ffi\ e J..."1.IJ:~;;;añnel
.? .~ 1·900·916·5UJ!.F
~ç~~ ~ ~
..If...... ; ",
Agenda Item No.: ~f
AGENDA REQUEST
Date: October 13. 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 24. 1995
Description of agenda item (who, what, where, how much) : Request approval
to hold Eastern Surfing Association surfing contest at our municipal beach on
November 4. 1995 from 8 AM to 5:30 PM.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval.
¿-I
Department Head Signature: ':~t1'-e(j' )_ç:_/ l_
Determination of Consistency wi~h comprehensive Plan:
\
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: eNO {fJv 1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
OK.
. . .. PJV(
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty,::!J5B
City Engine
DATE: October 20,1 995
SUBJECT: Final Subdivision Plat
Seaside Dunes
Attached is an agenda request for Commission approval of the final subdivision plat for
Seaside Dunes. The subject plat was previously approved by the Planning and Zoning
Board at the June 19, 1995 Planning and Zoning Board meeting. All applicable permits
for the project have been obtained. Also attached is a location map, reduced copy of the
plat and aerial photo. If acceptable, please place this item on the October 24, 1995
Commission meeting for Commission approval.
DB:mm
attaclunent
File: Seaside Dunes
DBAG020.DOC
gf
SEE MAP NO'S 85 Be 86
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # fG. - MEETING OF OCTOBER 24, 1995
RESOLUTION NO. 73-95:
DATE: OCTOBER 20, 1995
This item is a resolution assessing costs for abatement action
required to remove junked vehicles on five properties located
within the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 73-95 assessing costs to
remove junked vehicles on five properties within the City.
, I
RESOLUTION NO. 73-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of ,
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the '
standards set forth in Chapter 90 of the Code of Ordinances, and did '
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and, I
WHEREAS, the property owner (s) named in the list attached I
hereto and made a part hereof did fail and neglect to remove said I
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner (s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
.,
, I
i
-... - - .
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the ,
amount(s) indicated thereon. Said assessments so levied shall, if not I
paid wi thin thirty (30) days after mailing of the notice described in ¡
!
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations the property against which said ,
upon assessments I
are levied.
I
l
Section 3. That the City Clerk of the City of Delray Beach is ,
I
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an I
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30 ) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and I
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained I
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s) , after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
-2- Res. No. 73-95
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Section 5. That in the event that payment has not been
! received by the Ci ty Clerk wi thin thirty (30 ) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to I
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of I
the certified copy of this resolution a lien shall become effective on ,
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, :
,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1995.
i
,
MAYOR i
ATTEST: !
i
I
City Clerk
!
;
I
!
-3- Res. No. 73-95
COST OF ABATING NUISANCES UNDER CHAPTER 100
OP TBE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 33, BLOCK 1, ATLANTIC B. & CLARA ANDREWS $ 19.45
PINES, PLAT BOOK 13, 21 NW 12TH AVENUE 15.00 (ADM. COST)
PAGE 77, PUBLIC RECORDS DELRAY BEACH, FL 33441643
OF PALM BEACH COUNTY, FL
(19 NW 12TH AVENUE)
LOT 1, BLOCK 12, DELRAY MARLENE M. PRIVERT $ 19.45
SHORES 1ST ADDITION, ADRIAN J. CLAUDE 15.00 (ADM. COST)
PLAT BOOK 28, PAGE 2, 3100 LAKE IDA ROAD
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33452378
BEACH COUNTY, FL
(3100 LAKE IDA ROAD)
S 70' OF LOTS 14 & 15, JEROME N. CAJUSTE $ 19.45
BELLEVIEW COURT, PLAT 910 SOUTH SWINTON AVENUE 15.00 (ADM. COST)
BOOK 11, PAGE 45, PUBLIC DELRAY BEACH, FL 334442342
RECORDS OF PALM BEACH
COUNTY, FL
(910 SOUTH SWINTON AVE.)
LOT 4, BLOCK 8, ROSEMONT JOSEPH ETIENNE & $ 19.45
PARK, DELRAY, PLAT BOOK LAMERCIE ETIENNE H/W 15.00 (ADM. COST)
13, PAGE 60, PUBLIC 713 SW 8TH AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 334442462
COUNTY, FL
(713 SW 8TH AVENUE)
LOT 26, BLOCK 2, MICHAEL & TERRY WILBON $ 19.45
SOUTHRIDGE, PLAT BOOK 13, 321 SOUTHRIDGE ROAD 15.00 (ADM. COST)
PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 334442225
OF PALM BEACH COUNTY, FL
(321 SOUTHRIDGE ROAD)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
- 4- RES. NO. 73-95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 8" II- - MEETING OF OCTOBER 24, 1995
RESOLUTION NO. 74-95
DATE: OCTOBER 20, 1995
This is a resolution assessing costs for abatement action
required to remove nuisances on 29 properties located within the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 74-95 assessing costs for
abating nuisances on 29 properties within the City.
I
, I
"----,¥"._~.__.._.~ . -"~,_. '~'-'~'- '" ~..~ .-..-. -- --
RESOLUTION NO. 74-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUI SANCES ; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE ,
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written I
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance (s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42 ) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s} failed and/or neglected to abate such nuisance(s) within
.
.
.
r
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s} existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 74-95
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t
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accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property (s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
. Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 89<- and collection costs including a reasonable attorney's
o ,
fee.
PASSED AND ADOPTED in regular session on this thE~ day
of , 1995.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 74-95
.
I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S 40 FT DELORES RIGGINS $ 66.00
OF N 256 FT OF E 135 FT 1761 2ND AVENUE NORTH 70.00 (ADM. FEE)
OF BLOCK 31, PLAT BOOK 1, LAKE WORTH, FL 33460
PAGE 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(200 SW 4TH AVENUE)
ATLANTIC GARDENS, DELRAY, ANGIE M & MAGGIE L.WATT $ 77.25
LOT 1, BLOCK 9, PLAT BOOK 336 SW 5TH AVENUE 70.00 (ADM. FEE)
14, PAGE 63, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(SW 11TH AVENUE)
TOWN OF DELRAY, W 1/2 OF ALBERT MARTIN & $ 37.00
LOT 7, BLOCK 30, PLAT MARYLIN S. BARON 70.00 (ADM. FEE)
BOOK 1, PAGE 3, P.O. BOX 414002
PUBLIC RECORDS OF PALM MIAMI BEACH, FL 33141
BEACH COUNTY, FL
(SW 5TH AVENUE)
RIDGEWOOD HEIGHTS, DELRAY, MADELAINE S. SANTIAGO $ 41. 00
E 41 FT OF LOT 2, BLOCK D, 1105 1/2 SW 7TH AVENUE 70.00 (ADM. FEE)
PLAT BOOK 14, PAGE 4, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1005 1/2 SW 7TH AVENUE)
TOWN OF DELRAY, LOTS 7 & 8, WILLIE M. RICHARDSON $ 56.00
BLOCK 36, PLAT BOOK 5, c/o DOROTHY REEDER 70.00 (ADM. FEE)
PAGE 38, PUBLIC RECORDS 7 PATTON STREET
OF PALM BEACH COUNTY, FL ISELIN, NJ 08830
(34 NW 3RD AVENUE)
SOUTHRIDGE, LOTS 14 TO 16, ESTERVINA MOREDA $ 66.63
INC., BLOCK 1, PLAT BOOK 3524 CHATELAINE BLVD. 70.00 (ADM. FEE)
13, PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(REIGLE AVENUE)
SOUTHRIDGE, LOTS 17 TO 20, ESTERVINA MOREDA $ 75.38
INC., BLOCK 1, PLAT BOOK 3524 CHATELAINE BLVD. 70.00 (ADM. FEE)
13, PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(REIGLE AVENUE)
RES. NO. 74-95
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SUNSET PARK, DELRAY, ENIQUE C. & AMPARO RAMOS $ 67.00
LOT 51, PLAT BOOK 12, c/o PABLE & JANIE T.RAMOS 70.00 (ADM. FEE)
PAGE 65, PUBLIC RECORDS 5250 BENJAMIN AVENUE
OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33437
(1015 MANGO DRIVE)
HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 56.00
LOT 26, PLAT BOOK 27, 640 EAST PRIVE 70.00 (ADM. FEE)
PAGE 81, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(640 EAST DRIVE)
TOWN OF DELRAY, S 75 FT ATUNE ENTERPRISES INC. $ 56.00
OF W 135.6 FT OF BLOCK 39, 3477 JUPITER BLVD. 70.00 (ADM. FEE)
PLAT BOOK 1, PAGE 3, PALM BAY, FL 32909-4102
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(315 SW 3RD STREET)
SELLERS ADDITION, DELRAY WILHERME ESTIMON & $ 16.00
BEACH, W 57.5 FT OF LOT 9, ESTIVERNE CLEUS 70.00 (ADM. FEE)
PLAT BOOK 22, PAGE 17, 124 SW 6TH STREET
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444-3541
BEACH COUNTY, FL
(124 SW 6TH STREET)
TOWN OF DELRAY, S 150 FT FRED D. MC COY & $ 56.77
W 135.5 FT. OF BLOCK 26, AMERIFIRST 70.00 (ADM. FEE)
PLAT BOOK 5, PAGE 64, 17500 NW 68TH AVE. #210
PUBLIC RECORDS OF PALM HIALEAH, FL 33015-4044
BEACH COUNTY, FL
(415 NW 2ND STREET)
LINCOLN PARK, DELRAY, DAVID E. DAYS $ 56.00
LOT 2 9 , PLAT BOOK 23, 1900 NW 187TH TERRACE 70.00 (ADM. FEE)
PAGE 160, PUBLIC RECORDS MIAMI, FL 33056-2832
OF PALM BEACH COUNTY, FL
(119 SW 9TH AVENUE)
SOPHIA FREY ADDITION, PALM BEACH HORIZONS, INC. $ 32.00
LOTS 8 & 9, (LESS RD R/W) , c/o ROBERT D. AEBERSOLD, 70.00 (ADM. FEE)
BLOCK 2, PLAT BOOK 4, PENSION TRUST ET AL
PAGE 37, PUBLIC RECORDS 701 NORTH 13TH STREET
OF PALM BEACH COUNTY, FL SUITE B-1
(911 N. FEDERAL HWY.) BOCA RATON, FL 33486
TOWN OF DELRAY, LOT 23, GRACE BARNETT $ 51. 00
BLOCK 23, PLAT BOOK 10, 1401 39TH STREET 70.00 (ADM. FEE)
PAGE 69, PUBLIC RECORDS WEST PALM BEACH, FL
OF PALM BEACH COUNTY, FL 33407-3631
(509 SW 3RD STREET)
RES. NO. 74-95
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ATLANTIC PARK GARDENS, J. D. & EARLINE MONRO~ $ 51. 00
DELRAY, LOT 19, BLOCK 2, 32 EARLE STREET 70.00 (ADM. FEE)
PLAT BOOK 14, PAGE 56, HARTFORD, CT 06120-1714
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(39 SW 13TH AVENUE)
TOWN OF DELRAY, W 55 FT MARIE QUINCE $ 51. 00
OF LOTS 11 & 12, BLOCK 23, 506 SW 14TH AVENUE 70.00 (ADM. FEE)
PLAT BOOK 10, PAGE 69, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 3RD STREET)
OSCEOLA PARK, LOT 11, BERTHA G. GRAUSSO $ 56.00
BLOCK 7, PLAT BOOK 3, 500 GROVE AVENUE 70.00 (ADM. FEE)
PAGE 2, PUBLIC RECORDS EDISON, NJ 08820
OF PALM BEACH COUNTY, FL
(631 SE 3RD AVENUE)
LINCOLN ATLANTIC PARK BUYING SELLING & $ 140.60
GARDENS, LOTS 13 TO 19, RENOVATING PROPERTIES, INC. 70.00 (ADM. FEE)
INC., PLAT BOOK 23, 450 NE 10TH STREET
PAGE 226, PUBLIC RECORDS BOCA RATON, FL 33432
OF PALM BEACH COUNTY, FL
(102 SW 13TH AVENUE)
HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 50.00
LOT 26, PLAT BOOK 27, 640 EAST DRIVE 70.00 (ADM. FEE)
PAGE 81, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(640 EAST DRIVE)
SILVER TERRACE, DELRAY, L. D. TERRY $ 43.00
LOT 3, BLOCK 2, PLAT 3111 SW RUCKS DAIRY RD. 70.00 (ADM. FEE)
BOOK 11, PAGE 61, PUBLIC OKEECHOBEE, FL
RECORDS OF PALM BEACH 34974-8639
COUNTY, FL
(1107 SOUTH DIXIE HWY.)
SILVER TERRACE, DELRAY, L. D. TERRY $ 56.00
LOTS 4 & 5, BLOCK 2, 3111 SW RUCKS DAIRY RD. 70.00 (ADM. FEE)
PLAT BOOK 11, PAGE 61, OKEECHOBEE, FL
PUBLIC RECORDS OF PALM 34974-8639
BEACH COUNTY, FL
(1205 SOUTH DIXIE HWY.)
- 6 - RES. NO. 74-95
.
17-46-43, E 50 FT OF JACQUEL DAWSON $ 63.68
W 583 FT OF S 140 FT c/o ANNA'S RETREAT 70.00 (ADM. FEE)
OF N 165 FT OF N 1/2 OF ESTATE TUTU # E-7
NW 1/4 OF SW 1/4 OF NW ST. THOMAS, VI 00801
1/4, PLAT BOOK 1, PAGE 3,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1404 NW 2ND STREET)
TOWN OF DELRAY, LOT 18, MATILDA JOHNSON $ 51. 00
BLOCK 23, PLAT BOOK 10, 225 SW 6TH AVENUE 70.00 (ADM. FEE)
PAGE 69, PUBLIC RECORDS DELRAY BEACH, FL
OF PALM BEACH COUNTY, FL 33444-2537
(225 SW 6TH AVENUE)
LAKE IDA SHORES, LOT 8 NETWORK FINANCIAL CORP. $100.00
(LESS N 20 FT) BLOCK 3, 1489 W. PALMETTO PARK RD. 70.00 (ADM. FEE)
PLAT BOOK 25, PAGE 54, SUITE 300
PUBLIC RECORDS OF PALM BOCA RATON, FL 33486
BEACH COUNTY, FL
(532 NW 8TH AVENUE)
TOWN OF DELRAY, LOTS 6 LUCIUS SIMMONS $ 51. 00
& 7, BLOCK 15, PLAT BOOK 1301 KANAB AVE, NW 70.00 (ADM. FEE)
13, PAGE 18, PUBLIC PALM BAY, FL 31907
RECORDS OF PALM BEACH
COUNTY, FL
(SW 7TH AVENUE)
OSCEOLA PARK, E 15 FT OF J.L. & MARGARET PATTERSON $ 25.00
LOT 2, BLOCK 5, PLAT BOOK 4517 TENELLA ROAD 70.00 (ADM. FEE)
3 , PAGE 2, PUBLIC RECORDS NEW BERN, NC 28562-7643
OF PALM BEACH COUNTY, FL
(SE 5TH STREET)
SUNDY & TENBROOK ADDITION J. E. & KAY B. WOMACK $ 41. 00
TO DELRAY, LOT 19, PLAT P. O. BOX 2493 70.00 (ADM. FEE)
BOOK 5, PAGE 65, PUBLIC DELRAY BEACH, FL
RECORDS OF PALM BEACH 33447-2493
COUNTY, FL
(NW 2ND AVENUE)
TOWN OF DELRAY, LOTS 13 & FREDDY MC CLOUD ET AL $ 71. 68
14, BLOCK 41, PLAT BOOK 5, 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
PAGE 65, PUBLIC RECORDS MIAMI, FL 33176-5502
OF PALM BEACH COUNTY, FL
(NW 2ND AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A
NUI SANCE .
RES. NO. 74-95
- 7 -
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jt'1
SUBJECT: AGENDA ITEM # g:r.. - MEETING OF OCTOBER 24, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 20, 1995
Attached is the Report of Appealable Land Use Items for the
period October 9 through October 20, 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 review of appealable actions for the period stated;
receive and file the report as appropriate.
(n()(j8) -10 '-:" 9.M·
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M
C I TV COMMISSION DOCUMENTATION
TO: DAVID 1. HARDEN, CITY MANAGER
THRU: D~N~IRECTOR
DEPARTMENT F NNING AND ZONING
FROM: !~~~ ~
JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF OCTOBER 24,1995 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER
9. 1995 THRU OCTOBER 20. 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 October 9, 1995, through October 20, 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 October 24, 1995
Page 2
PLANNING AND ZONING BOARD MEETING OF OCTOBER 16. 1995
· Approved (6 to 0), a request to determine that "Adult Congregate
Living Facility" is similar to the conditional uses within the RO
(Residential Office) zone district.
· Authorized staff on a 6 to 0 vote, to forward a request to the County
Zoning Division asking the developer to provide market study on a
proposed rezoning to accommodate a 246,900 sq. ft. shopping plaza
on Congress Avenue, in unincorporated Palm Beach County, south of
the City border.
The Planning and Zoning Board also considered the following items which
will be forwarded to the City Commission for final action.
· Recommended approval (4 to 2), on a rezoning request from SAD
(Special Activities District) to PRD-4 (Planned Residential
Development with a density suffix of 4 du/acre) for Delray Lakes,
located on the north side of Lake Ida Road, east of 1-95.
· Recommended approval (5 to 0), on a small scale land use map
amendment from Low Density Residential 0-5 du/acre to Recreation
and Open Space for the Lakeview Golf Course Maintenance
Facility, located on the west side of Dover Road, north of Linton
Boulevard.
· Recommended approval (5 to 0), on a rezoning request from R-1-AA
and R-1-AAA-B (Single Family Residential) to OSR (Open Space and
Recreation) for Lakeview Golf Course located north of Linton
Boulevard, between Dover Road and Military Trail.
· Recommended approval (6 to 0), on a rezoning rezoning request from
LI (Light Industrial) and PCC (Planned Commerce Center) to MIC
(Mixed Industrial and Commercial) for the Levenger Facility, located
on the west side of Congress Avenue, south of Atlantic Avenue.
· Initiated on a 6 to 0 vote, a rezoning from PCC (Planned Commerce
Center) to OSR (Open Space and Recreation) for the Municipal Golf
Course Storage and Maintenance Yard Facility.
· Initiated on a 6 to 0 vote, a rezoning from PCC to (Planned Commerce
Center) to MIC (Mixed Industrial and Commercial) or LI (Light
Industrial) for Tract "A" Congress Park South, located on the west
side of Congress Avenue, south of Atlantic Avenue.
"
.
City Commission Documentation
Appealable Items Meeting of October 24, 1995
Page 3
. Recommended approval (6 to 0), on a small scale land use map
amendment from Community Facilities to Commercial Core and
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Library, Chamber of Commerce and
the Kempster/Doman Property, located south of Atlantic Avenue,
between S.E. 4th Avenue and S.E. 5th Avenue.
. Tabled action (3 to 3), on an amendment to the Land Development
Regulations to replace Section 4.3.3(AA) "Adult Entertainment
Establishments"
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF
OCTOBER 18.1995
A. Approved (7 to 0), a request for an elevation change (awning
addition) for an existing commercial building Custom Auto Trim,
located on the east side of N.E. 6th Avenue, between N.E. 3rd
Street and 4th Street.
B. Approved (7 to 0), a request for an elevation change (awning
addition) for an existing commercial building, Atlantic Centre.,
located on the south side of East Atlantic Avenue, between
Gleason Street and Venetian Drive.
HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 18. 1995
1. Tabled action (5 to 0), a Certificate of Appropriateness
associated with an awning addition and color change for Damiano's
Restaurant, located at the southwest corner of Swinton Avenue
and N.W. 1st Street.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
.,
·
LOCATION MAP FOR
CITY COMMISSION MEETING
OF OCTOBER 24, 1995
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CITY ATTORNEY'S OFFICE 2,,0 >:W 1st i\VL\UE . DELRAY BEACH, FLORIDA 33444
!i\C';U,¡¡LE 4u)/2784755
Writer's Direct Line: (4û7) 243-7091
DElRAY BEACH
F L 0 It I D A
tI.ftd
AII·America City MEMORANDUM RECEIVED
, , II'~
DATE: October 20, 1995 oct 20 \995
1993 TO: City Commission CITY M.A~I,' ,...,~-,,,, nq \U.
FROM: Susan A. Ruby, City Attorney
SUBJECT: Appointment of Outside Counsel in the Case
of Kirk Cook v. City of Delr~ Beach. et al.
This case stems from an incident that occurred in February of 1991 in which the Plaintiff
alleges Civil Rights violations against the City and a former police officer.
Previously, the Commission authorized Kent Pratt of Gaunt, Pratt, Radford & Methe,
P.A. to represent the City and the individually named officer. After discovery
commenced, it became apparent that there is a conflict requiring that a separate attorney
be retained to represent the police officers.
Our office recommends that due to the conflict, that Fred Gelston of Damsel & Gelston,
P.A., be retained to represent the police officer. Mr. Gelston's fee is $100.00 per hour.
Kent Pratt will continue to represent the City's interest in the case.
By copy of this memorandum to David Harden, City Manager, our office requests that
our request for appointment of outside counsel as set forth above be placed on the City
C~11l:!!!~ssion's October 24, 1995 consent agenda for approval.
cc: Lee Graham, Risk Manager
Donna Woods, Gallagher Bassett Services
kcook.sar
~.J.
® pn'l'C'-1 ---,,-. Rf?'~V'~'-'-< P~1per
, ¡.. ¡ ~. l_' ¡ ~ '" _ L.I t. l.-' , L "',.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P1
SUBJECT: AGENDA ITEM # y. J( - MEETING OF OCTOBER 24, 1995
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 20, 1995
This is before the Commission to approve the award of the follow-
ing bids and contracts:
l. Bid award to Zuccala's Wrecker Service for wrecker and
towing services for the Police Department, in the estimated
annual cost of $61,613.07 from 112-2172-521-52.23.
2. Bid award to Insituform Southeast, Inc. in the amount of
$25,600, via Palm Beach County Contract, for sewer line
rehabilitation on N.E. 4th Street and Camino Road at Zarno
Way, with funding from 442-5178-536-61.84 through budget
transfer from 442-5178-536-46.90.
3. Contract renewal to Randall L. Wolff, M.D. as the Medical
Director of the Fire Department EMS service ($22,000 from
001-2315-526-31.90) , and EMS services for the Parks and
Recreation Department ($2,000 from 001-4123-572-321.90), to
comply with State regulations.
.
· (
Agenda I tem No.: 8'1{,
AGENDA REQUEST
Date: October 19, 1994
Request to be placed on: '
X Regular Agenda Special Agenda Workshop Agenda
When: October 24, 1995
Description of agenda item (who, what, where, how much): Bid Award -
Wrêcker/Towing Services For Police Department, award to Zuccala's Wrecker Service,
at a total estimated annual cost of $61.613.07.
ORDINANCE/ RESOLUTION REQUIIŒD: YES/NO Draft Attached: YES/NO : "
Recommendation: Award to Zuccala's Wrecker Service at a total estimated annual
cost of $61,613.07. Funding from account #112-2172-571-52.23
.
pepart.~nent Head Signature:
Determination of Consistency
;.
l
City Attorney Review/ Recommendation (if applicable) :
"
Budget Director Review (required on all items involving expenditure
of fundn):
@
Funding available: YES NO
Funding alternativ . (if~ble)
i4Account No. & Description, ~~?~f;7-23. FIU<-~
~cco,:nt Balanc e: L ;fIX) pU'- _ -yv. I tl V'tsf¡~fi rG ç¥ .
City Manager Review:
Approved for agenda: (j)/ NO tJM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.,
·
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Jacklyn Rooney. Senior Buyer ~
DATE: October 19, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 24, 1995 - BID AWARD - BID #95-62
WRECKER/TOWING SERVICES FOR POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve the award of the above
referenced subject to the low bidder, Zuccala's Wrecker Service, at a
total estimated annual cost of $61,613.07.
Backqround:
The Police Department has a need for an annual contract for dispatching a
towing contractor to the scene of vehicle accidents and for removing
illegally parked vehicles on public property.
Bids for this service were received on September 13, 1995, from seven (7)
contractors, all in accordance with City purchasing policies. (Bid
#95-62. Documents on file in the Purchasing Office.) A tabulation of
bids is attached for your review.
The Police Department staff have reviewed the bids received and recommends
award to Zuccala's Wrecker Service, per attached memo dated October 06,
1995, from Major Richard M. Lincoln.
Recommendation:
Staff recommends award to Zuccala's Wrecker Service, at an estimated
annual cost of $61,613.07. Funding from account # 112-2172-521-52.23.
Attachments:
Tabulation of Bids
Memo From Police Department
cc: Chief R. Overman
Richard M. Lincoln, Major
Chief J. L. Schroeder
¡·K I
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pE,LRoA~ B~A!=I'!
Delray Beach Police Department Da:d
All-America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 " III!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM c; ;~'.:" .''''''' roO t \ .f ...... ...""~
. .
OCT 1 1 1995
TO: David 1. Harden, City Manager c¡¡ ¡' ¡loP" -. '., '~i I,::
FROM: Richard M. Lincoln, Major þl/
Field Operations Bureau
DATE: October 6, 1995
SUBJECT: TOWING CONTRACT
The Police Department has reviewed the bids submitted by the various companies relative
to the towing contract. It is the Police Department's recommendation that the bid be
awarded to the low bidder, Zuccala's Wrecker Service. In response to concerns that have
been raised regarding "waiting and labor costs" that could be manipulated at the expense
of the consumer, the Police Department will modify our towed vehicle report so that
specific times are entered on this report by police employees, allowing for overall
monitoring of the terms of the contract.
RML/ppt
cc: Chief R Overman
Captain IL. Schroeder
Lieutenant W. McCollom
Senior Buyer J. Rooney
Aqenda Item No. g. j(.~
AGENDA REOUEST
Da te: 1 0/1 5. 95
Request to be placed on:
XX Regular Aqenda
special Aqenda
Workshop Aqenda When: 10/24/95
Description of item (who, what, where, how much): Staff requests Coomission
approval of a purchase order to Insitufonn Southeast, Inc. in the amount of $25,600.00
for installation of cured-in-place I ining in 540 ft. of 8" sewer at two locations in
the City. Pricing for the rehabi I itation is in accordance with Insitufonn's current
contract with Palm Beach County for simi lar services. Work includes rehabi I itation of
238 ft. - 8" sewer on N.E. 4th st., between 2nd & 3rd Ave., & 302 ft. on Camino Rd. at
Za rno Way. Rehab. is required to repair cracked and broken sewer pipes and stop
infi It ration that is causing road fai lure. Funding is from Acct. #442-5178-536-61.84,
R&R - NEnhole Rehab. (Budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: JJ,/NO DRAFT ATTACHED JJ,/NO
Recommendation: Staff reccmnends approva I of purchase order to Ins i tufonn
Southeast, Inc.
DEPARTIIENT HEAD SIGNATURE: ~4.---, __.!J Þ/~c;- ~
Determination of Consistency with comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budqet Director Review (required on all items involvinq expenditure of
funds):
Fundinq
Fundinq
Account
Account
City Manaqer Review:
Approved for aqenda: @/NO ø¡
Hold Until:
Aqenda Coordinator Review:
Received:
Placed on Aqenda:
Action:
Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.R., Deputy Director ofPU rg ~
SUBJECT: "PIGGYBACK" OF PALM BEACH COUNTY
CONTRACT; INSITUFORM SOUTHEAST, INC.
DATE: October 17, 1995
Attached is an agenda request with a proposal ITom Insituform Southeast, Inc. for
installation of cured-in-place liner in a total of 540 linear feet of 8" sanitary sewer main at
two locations in the City. The proposal is in accordance with their current annual contract
with Palm Beach County for similar services, and totals $25,600.00.
The line segments involved include 238 feet along N.E. 4th Street between 2nd and 3rd
Ave., and 302 feet along Camino Rd. at Zamo Way (see attached sketch).
The N.E. 4th Street Line is within the construction limits of the widening project on Lake
Ida Rd. ITom Congress Ave. to N.E. 2nd Ave. Televised inspection of the line shows
numerous cracks and root intrusion. The segment requires rehabilitations which should be
completed prior to commencement of road reconstruction.
The line segment along Camino Rd. has serious pipe failure which is causing massive
infiltration of ground water and undermining of pavement in two locations. This condition
has been verified be television inspection.
Funding for this work is available ITom Renewal & Replacement Acct. #442-5178-536-
61.84, Manhole Rehab. (budget transfer attached).
RCH: jem
c: William H. Greenwood
f T IF City Manager
g·K~'
~
I~S!T'ÙFORM S. E. INC. 904 292 3198 Page 2/2 Job 283 Cct·16 Mon 13:08 1995
InJltUFOlm'
SOUTHEAST, INC.
A Subsidiary of Insituform Mid-America, Inc.
October 16, 1995
Mr. Dick Hasko, p.E.
Deputy Director Public Utilities
434 S. Swinton Avenue
Delray Beach, FL 3.3444
Re: Sanitary Sewp.r Reconstruction
Dear Mr. Hasko:
As required, we are pleased to offer our proposal to
reconstruct 540 linear feet of e" sanitary sewer in accordance with
our Palm Beach County annual contract.
N.S. 4th Ave
Item 11 Cleaning, 238 LF $2.00jLF $ 476.00
J1 Pre and Post TV inspection, $2.00jLF $ 476.00
B2 Installation of 8" Insituform, $41.00/LF $ 9,758.00
D1 By-pass pumping, e" $300.00 each section $ 300.00
E1 Service Reconnections, 5 services $100.00 each S 500.00
Total $11,510.00
Camino Road at Zarno Way
Item 11 Cleaning, 302 LF $2.00/LF $ 604.00
Jl Pre and Post TV inàþection, $:2.00/LF $ 604.00
B2 Installation of 8" Insituform, $41.00jLF $12,382.00
D1 By-pass pumping, 8" $300.00 each section $ 300.00
El Service Reconnections, 2 services $100.00 each S 200.00
Total $14,090.00
pricing above includes cleaning, pre and post TV inspection,
Insitupipe installation, by-pass pumping, mobilization and clean
up. Wer appreciate the opportunity to quote and look forward to
working with you soon.
Yours very truly
13ttØ ~If'(
Bob Boyer
Regional Sales Manager
Wherl! Tr,nchl,ss Pip,Jinø Solutions Start
P.O. BOil 41629' Jacksonville. FL 32203
(9041262·5802' Fax (904) 292-3198' Toll Free (800) 633-8362
SEE SHEET 40
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SEE SHEET 38 ~
~I~~' ¡ ;'~ ~\ ( ¡. ¡¡,~ ;. '. . 81 .- , ~- ',jHEEl:'3 ~ l. 'Nl~,
~ CITY of DELRA Y BEACH ~ (@ S E ~
~ ENVIRONMENTAL SERVICES DEPARTMENT
- -...~-_.__._-
SEE SHEET 21 ~
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:.:.. F"ILE c. [NC-D,A,lA\S-ATLAS\800Þ\S\SHEmO$.OWG
®1 ~ CITY of DELRA Y BEACH ~ ~ SEW
ENVIRONMENTAL SERVICES DEPARTMENT
Board of County Commissioners ( County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts Water Utilities Department
Warren H. Newell
Burt Aaronson
Maude Ford Lee
December 27, 1994
Mr. Terry W. Adderhold, Vice President Mr. Robert H. Madsen, President
Insitufonn Southeast, Inc. MadsenIBarr Corporation
11511 Phillips Highway South 1117 N.W. 55 th Street
Jacksonville, Florida 32256 Fort Lauderdale, Florida 33309
Mr. David R. Hopple, Vice President
Olympic Industries DBA Pipe Liner Installers
2551 NW 15 Court
Pompano Beach, Florida 33069
Subject: Annual Contract For Reconstruction Of Sanitary Sewer;Lines
Project No. WUD 93-46
Dear Sirs:
Please note that on December 6, 1994, the Board of County Commissioners approved and awarded the
contracts for the above referenced project to:
· Insitufonn Southeast, Inc.
· MadsenlBarr Corporation
· Olympic Industries DBA Pipe Liner Installers
A pre-construction meeting is scheduled for Tuesday, January 10, 1995, at 10:00 A.M., in the large
conference room of the Palm Beach County Water Utilities Department's Administration Building. At
that time you will be given the list of pipelines considered for rehabilitation, drawings and two (2) copies
of the Contract Documents.
We look forward to seeing you then. Meanwhile, please feel free to contact me at 641-3429 if you have
any questions on this matter.
Respectfully, ~
AJ~ .
Niloufar J~ali
Project Engineer
NJ:ag
cc: C. Lawton McCall Hassan Hadjirniry, P.E.
James D. Shamblin Bill Lapinsky I
Bill Haythom
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper P.O. Box 16097 West Palm Beach, Florida 33416-6097 (407) 641-3429 FAX: (407) 641-3447
!
.
PALM BEACH COUNTY
ANNUAL CONTRACT FOR RECONSTRUCTION
. OF SANITARY SEWER LINES
BID SCHEDULE
.
B: cured-in place pipe Lining
Item Description unit
Jlo. Price
.
B1 Cured-in-place a-Inch Pipe
Lining less than 4 feet deep
for the unit price per linear
foot of: ÇwlZf1 OrJG $ 41 ~ /LF
Dollars and
JO Cents
B2 cured-in-place a-Inch Pipe
Lining from 4 feet to a feet
deep for the unit price per
linear foot of:Ç0\1ef1 ~ $ 416,2 ILF ~¡,m¡':t '{;
Dollars and
~, Cents
j B3 CUred-in-place a-I~ch Pipe
Lining greater than a feet
.. deep for the unit price per
linear foot Of:~~~1r~ oNe $ 4( 69. /LF
µ . Dollars and -
V Cents
¡
! B4 Cured-in-place lO-Inch Pipe
Lining less than 4 feet deep
for the unit price per linear
foot of: ~ {¡.hZ6..... $ 4?~
. "ß(~ ~ ILF
Dollars and
tJO Cents
.
.
.
.
BP-l1
-
.,.
I
I PALM BEACH COUNTY
- ANNUAL CONTRACT FOR RECONSTRUCTION
I OF SANITARY SEWER LINES
I
i BID SCHEDULE
,
,
.
D: Bypass Pumping of Sewers
Item Description unit
No. . Price
D1 Bypass 8-inch Sew~rs for the
unit price each of: 3 óO
. f''r'!Ð ~ t/..J,JI> ,"U:j"} $ (:)0' lEA
, Dollars and
J() Cents
D2 Bypass 10-inch Sewers for the
uni~rice each of: 00
t~ +hJ()IzJ?i) $ ?()D ' lEA
,)0 Dollars and
Cents
D3 Bypass 12-inch Sewers for the ~.
~;.
. -- ; I
uni~rice ~Ch of: $ 300ð':, lEA
I~ ÑOi.,EZf)
Al'D Dollars and
Gents
\
.D4 Bypass 16-inch Sewers for the
unit ~ce~ach of: $ ~ODO.Q, lEA
CJ~PlL~-;'
Dollars and -
No Cents
D5 Bypass 20-inch Sewers for the
uni t pr~e eacA of: $ ~OO o~ lEA
,#oJ ~ Ù ...)4}/tet':I
Dollars and
Alo Cents
D6 Bypass 24-inch Sewers for the
.. unit p~e e~ of:
, tAIrJ 1<Úð1J~~7 $ 2()o<JØ~ lEA
" Dollars and
No Cents ,
.'
BP-21
- .
-
IT ~<>.,
, ".,.""'. '. '.'. " '
,~
,. -~
t ...;
- Item Description unit
r~ !{o- Price
-
f D7 Bypass 30-inch Sewers for the
uni t ~ce ~Ch ')fJ. $ þC'$ lEA
f I ~ IItJc)s. ìJ ?;c;OO ~
Dollars and
Ñ'o Cents .
i D8 Bypass 36-inch Sewers for the
unit pr>ce ~ch of:
rolll'!, itlò(}$/JtNl> $ 4000 tI~ lEA
i ,)0 Dollars and
Cents
, E: Reconnection of Service Connections
Item Description unit
i No. Price
II
E1 For Reconnection of Service
~ : Connections for the price each
. of: ð'l>
i <!:>J¡£ tI()N~I1.4J $ '¡1)é) -' lEA
~.~~: ;
Dollars and . I
I NO Cents
F: Point Repairs
Item Description unit
No. Price
F1 ·For Point Repair of 8", 10", -
or 12" 'piping less tha),14 feet
de~ for the pri9j e:\3h of: c:Æ ,
o '11'o"SAN17 t", t tJíJMi) $ 2 ~ð 0 /'" lEA .
Dollars and
,Jo Cents
,
,
F2 For Point Repair of 8", 10",
or 12" piping from 4 feet to 8
feet deep for the price each
.. of· o~i ~~OMO õb '
·~vG~ f~OIlSAtJv $ -¡ tOO ~ lEA
Dollars and
~O Cents
..
BP-22
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, . ' ~ .f"'-..·/-
~~.
..
~,
- H: primary TV Inspection
~ Description unit
~~ Item
t Fo. Price
H1 For TV Inspection of sewer
t lines prior to reconstruction
per Section 02752 for the unit .
price per~near foot of: $ 20E /LF
.~ ' .,Jl)
Jo Dollars and.
Cents
J I: cleaning and Root Removal
j Item Description unit
No. Price
:~ 11 For removal of all debris and
roots following Primary TV
Inspection and prior to
1 reconstruction per Section
02751 for the unit price per
per linear foot of :~t.
$ 4ºº /LF ~"¡¡f~~:
i~ Dollars and
NO Cents
j J: warranty TV Inspection
Item Description Unit
I No. Price
-
Jl For warranty TV Inspection for
J the unit price per linear foot
of: {wo
$ 2 f32. /LF
1 Dollars and
rJV Cents
, NOTE: Bvoass Pumping of Sewers. Reconnection of Service
i Connections. Point Repair. Surface Restoration. Primary TV
InsÐectioñ. cleaning and Root Removal and Warranty TV Inspection
ì will be performed by the lowest responsive. resþOnsible bidder for
.. each item of Pipe Reconstruction.
.
. (Amounts are to be shown in both words and figures. in case of
, discrepancies, the amount shown in words will govérn for each bid
I
item and total bid).
! BP-25
,
i
J
r- -, .'.' '. _.r
SECTION 02751
CLEANING AND ROOT REMOVAL
f ß'RT 1 GENERAL
¡.Ol Scope
I This section covers the preparatory cleaning of sewer lines as·
needed prior to the internal inspection of the sewer lines by
closed-circuit television and prior to rehabilitation. The
I contractor shall furnish all necessary material, labor, equipment
and services required for cleaning the specific sewer lines.
I 1.02 General
A. Sewer Line Cleaning
I The intent of sewer line cleaning is to remove foreign materials
from the lines and restore the sewer to a minimum of 95% of the
I original carrying capacity or as required for proper rehabilitation
of the sewer line. Since the success of other phases of work
depends a great deal on the cleanliness of the lines, the
importance of this phase of the operation is emphasized. It is
I recognized that there are some conditions such as broken pipe and
major blockages that prevent cleaning from being accomplished or
where additional damage would result if cleaning were attempted or
I continued. Should such conditions be encountered, the Contractor
will not. be required to clean those specific sewer sections. If,
in the course of normal cleaning operations, damage does result
I from preexisting and unforeseen conditions such as broken pipe, the
Contractor will not be held responsible.
1.03 Hydraulic Cleaning Equipment
I A. Hydraulically Propelled Equipment:
I The equipment used shall be of a movable dam type and be
constructed in such a way that a portion of the dam may be
collapsed at any time during the cleaning operation to protect
J against flooding of the sewer. The movable dam shall be equal in
diameter to the pipe being cleaned and shall provide a flexible
scraper ..around the outer periphery to insure removal of grease. If
~ewer cleaning balls or other equipment which cannot be collapsed
J! ~s used, special precautions to prevent flooding of the sewers and
public or private property shall be taken.
, B. High-Veldcity Jet (Hydrocleaning) Equipment
All high-velocity sewer cleaning equipment shall be constructed for
J ease and safety of operatíon. The equipment shall have a selection
of two or more high-velocity nozzles. The nozzles shall be capable
) 02751-1
II "
r'~~"
JJ'
t! of producing a scouring action from 1~ ~o 45 degrees in. all size
;~. lines designated to be cleaned. Equlpment shall also lnclude a
.~ high-velocity gun for washing and scouring manhole walls and floor.
I The gun shall be capable of producing flows from a fine spray to a
solid stream. The equipment shall carry its own water tank,
. auxiliary engines, pumps, and hydraulically driven hose reel.
II c. Mechanically Powered Equipment
I· Bucket machines shall be in pairs with sufficient power to perform
the work in an efficient manner. Machines shall be belt operated'
or have an overload device. Machines with direct drive that could
. cause damage to the pipe will not be allowed. A power rodding
II machine shall be either a sectional or continuous rod type capable
of holding a minimum of 750 feet of rod. The rod shall be
. specifically heat-treated steel~ To insure safe operation, the
I machine shall be fully enclosed and have an automatic safety clutch
or relief valve.
I PART 2 PRODUCTS (Not Used)
, PART 3 EXECUTION
3.01 General
I The designated sewer manhole sections shall be cleaned using
hydraulically propelled, high-velocity jet ,or mechanically powered
I equipment. The equipment shall be capable of removing dirt,
grease, rocks, sand, and other materials and obstructions from the
sewer lines and manholes. If cleaning of an entire sewer section
I cannot be successfully performed from one manhole, the equipment
shall be set up on the other manhole and cleaning again attempted.
If, again, successful cleaning cannot be performed or the equipment
I fails to traverse the entire manhole section, it will be assumed
that a major blockage exists and the cleaning effort shall be
abandoned. '
II 3.02 Cleaning Precautions
During all cleaning and preparation operations all necessary
I; precautions shall be taken to protect the sewer from damage.
! During these operations, precautions shall also be taken to insure
that no.damage is caused to public or private property adjacent to
I or served by the sewer or its branches. Branch lines shall be
protected from blockage by cleaning surface debris.
Satisfactory precautions shall be taken in the use of cleaning
II equipment. When hydraulically propelled cleaning tools (which
depend upon water pressure to provide their cleaning force) or
tools which retard the flçw in the sewer line are used, precautions
I' shall be taken to insure that the water pressure created does not
, damage or cause flooding of public or private property being served
II! 02751-2
,,' 0'.' , ..'
·'"
I
I by the sewer. When possible, the flow of ?ewage in the sewer shall
be utilized to provide the necessary. pressure for hydraulic
I cleaning devices. When additional water from fire hydrants is
necessary to avoid delay in normal work procedures, the water shall
be conserved and not used unnecessarily. No fire hydrant shall be
obstructed in case of a fire in the area served by the hydrant.
I ;J.03 Material Removal
I All sludge, dirt, sand, rocks, grease, and other solid or semisolid
material resulting from the cleaning operation shall be removed at·
the downstream manhole of the section being cleaned. Passing
I material from manhole section to manhole section, which could cause
line stoppages, accumulations of sand in wet wells, or damage to
pumping equipment, shall not be permitted.
I Under no circumstances shall sludge or other debris removed during
these operations be dumped or spilled into the streets, ditches,
storm drains or other sanitary sewers.
I The- Contractor is advised that he shall not dispose of this
material by illegal dumping on private or public property or by
t sale to others. Any load of material, or any portion thereof,
disposed of in a non-permitted fashion will result in a charge to
the Contractor in the amount of $200.00 per load, or any portion
thereof, which sum will be deducted by the Owner from any monies
I due the Contractor.
The Contractor shall keep his haul route and work area(s) neat and
I clean and reasonably free of odor, and shall bear all
responsibility for the clean-up of any spill which occurs during
the transport of cleaning/surface preparation by-products and the
I clean-up of any such material which is authorized by or pursuant to
this Contract and in accord with applicable law and regulations. I
The Contractor shall immediately clean-up any such. spill,. or waste. ,
¡
If the Contractor fails to clean-up such spill, or waste
, iInInediately, the Owner shall have the right to clean-up or arrange I
,
for its clean-up and may charge to the Contractor all costs, ;
including administrative costs and overhead, incurred by the Owner ¡
:
I in connection with such clean-up. The Owner may also charge to the
Contractor any costs incurred or penalties imposed on the Owner as
a result of any spill, dump or discard. Under no circumstances is
, this material is to be discharged into the waterways or any place ¡
other than where authorized to do so by the appropriate authority.
.
II The genéral requirements for vehicles hauling such waste materials
are as follows: Transport vehicles must be of type ( s) approved for
this application by the political jurisdictions involved. General
requirements are that the vehicles have watertight bodies, that
I they be properly equipped and fitted with seals and covers to
prohibit material spillage or drainage, and that they be cleaned as
often as is necessary to prevent deposit of material on roadways.
, Vehicles must be loaded within legal weight limits and operated
safely within all traffic and speed regulations.
II 02751-3
-- '. .... . . ~
tes used by the Contractor for the conveyance of this
The r.o:l on a regular basis shall be subject to approval by the
.ater11·ng authority having jurisdiction over such routes.
qovern
J.04 Disposal of Materials
All solids or semisolids resulting from the cleaning operations
I hall be removed from the site and disposed of by Contractor. All
:aterials shall be removed from the site no less often than at the
end of each workday. Under no circumstances will the Contractor be
I allowed to accumulate debris, etc., on the site of work beyond the·
stated time, except in totally enclosed containers and as
a~ceptable to the Engineer.
I 3.05 Root Removal
Roots shall be removed in the designated sections and manholes
I where root intrusion is indicated on the work order. Special
attention should be used during the cleaning operation to assure
almost complete removal of roots from the joints. Procedures may
I include the use of mechanical equipment such as rodding machines,
bucket machines and winches using root cutters and porcupines, and
equipment such as high-velocity jet cleaners. Chemical root
I treatmen:t shall be used at the completion of the root removal
operation.
I 3.06 Chemical Root Treatment
To aid in the removal of roots, manhole sections that have 'root
I intrusion shall be treated wi th an acceptable herbicide. The
application of the herbicide to the roots shall be done in
accordance with the manufacturer's recommendations and
specifications in such a manner to preclude damage to surrounding
I vegetation. Any damaged vegetation so designated by the Engineer
shall be replaced by the Contractor at no adqiti9nal cost, to the
Owner. All safety precautions as recommended by the manufacturer
I shall be adhered to concerning handling and application of the
herbicide.
3.07 Acceptance of Cleaning Operation
I' Acceptance of sewer line cleaning shall be made upon the successful
completion of the television inspection and shall be to the
I satisfaction of the Engineer. If TV inspection shows the cleaning
to be unsatisfactory, the Contractor shall be required to reclean
and reinspect the sewer line until the cleaning is shown to be
I; satisfactory. In areas where television inspection is not
. performed, the Engineer may require the Contractor to pull a double
squeegee (with each squeegee the same diameter as the sewer)
II through each manhole section as evidence of adequate cleaning.
. *****
I:
II 02751-4
-- .
F""·"",¡¡:;,,
I ''".';:':'...-'''' -,., \
I SECTION 02752
I TELEVISION INSPECTION
..
pART 1 GENERAL
I
1.01 Scope
I The work consists of furnishing all labor, materials, accessories,
equipment, tools, transportation, services and technical competence'
for performing all operations required to execute the internal
I closed circuit television inspection of sewers.
1.02 General
I After cleaning (as described in Section 02751), and after
rehabilitation work, the manhole sections shall be visually
inspected by means of closed-circuit television in the presence of
I the Engineer. The inspection shall be done one manhole section at
a time and the flow in the section being inspected shall be
suitable controlled as described in section 02750, "Wastewater Flow
. Control".
1.03 Equipment
. The television camera used for the inspection shall be one
specifically designed and constructed for such inspection.
Lighting for the camera shall be suitable to allow a clear picture
. of the entire periphery of the pipe. The camera shall be operative
in 100% humidity conditions. The camera, television monitor, and
other components of the video system shall be capable of producing
. a minimum 700 line resolution color video picture. Picture quality
and definition shall be to the satisfaction of the Engineer; and if
unsatisfactory, equipment shall be removed. and replaced, with
· adequate equipment.
The video camera shall include a titler feature capable of showing
on the tape the following information:
· - City and state
- Date
· - Contractor's Name
- Line Size
- Manhole Identification (both manholes)
. .
- On-going Footage Counter
.1
PART 2 PRODUCTS
· 2.01 Video Tape
· Extra High Grade T-120 VHS video tape shall be supplied for all
television inspections.
.' 02752-1
- ,
'. .. ,
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, "~.,.' , ,~:>f>';1C'".'..\:',
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i~ All taping shall be performe~ at SP (st~ndar? Play, 2 ~rs/Tape).
~ All video tapes shall be subm~tted to the Eng~neer and w~ll become
~ the property of the Owner.
, FART 3 EXECUTION
III J.Ol Preconstruction Inspection
. A. Procedure .
1. Prior to any repair work, the entire sewer line (from
I'. manhole to manhole) shall be televised.
2. The camera shall be moved through the line in either
. direction at a moderate rate, stopping when necessary to
permi t proper documentation of the sewer's condition. In
no case shall the television camera be pulled at a speed
greater than 30 feet per minute. Manual winches, power
I. winches, TV cable, and powered rewinds or other devices
that do not obstruct the camera view or interfere with
proper documentation of the sewer conditions shall be
. used to move the camera through the sewer line. The
camera shall not be pulled through the sewer line by a
~ hydraulic cleaning unit hose. If, during the inspection
'. operation, the television camera will not pass through
. the entire manhole section, the Contractor shall set up
his equipment so that the inspection can be perfbrmed
from the opposite manhole.
II 3. Whenever non-remote powered and controlled winches are
used to pull the television camera through the line,
I telephones or other sui table means of communication shall
be set up between the two manholes of the section being
inspected to insure good communications between_members
II of the crew.
4. Measurement for location of defects shall be above ground
by means of a meter device. Marking on the cable, or the
I like, which would require interpolation for depth of
' manhole, will not be allowed. Measurement meters shall
be accurate to tenths of a foot over the length of the
.1 section being inspected. Accuracy of the distance meter
shall be checked by use of a walking meter, rOll-a-tape,
- or other sui table device.
411 5. Movement of the television camera shall be temporarily
, halted at each visible point source of infiltration
and/or inflow until the leakage rate from that source is
I quantified. The camera shall also be stopped at active
service connections where flow is discharging. If the
discharge per~ists, the property involved shall be
'11 checked to determine whether or not the discharge is
sewage. If no flows are being discharged from the
II: 02752-2
.
"'"1",";¡"~I!!J,"",¡<"
. \
III building, it shall be consider~d that the observed flow
I is infiltration/in-flow. If the estimated flow from the
service connection is greater than the total wastewater
~ discharge from the fixture in the building, then the
fJII infiltration/inflow can be determined by calculating the
difference of two flows.
III B. Field Documentation
. 1. Television Inspection Logs: Printed location records
shall be kept by the Contractor and will clearly show the'
location in relation to an adjacent manhole of each
'r1I infiltration point observed during inspection. In
I~ addition, other points of significance such ~s locations
of building sewers, unusual condi tions , roots, storm
sewer connections, broken pipe, presence of scale and
. corrosion, and other discernible features will be
recorded and a copy of such records will be supplied to
the Owner.
I. 2. Videotape Recordings: The purpose of tape recording
shall be to supply a visual and audio record of problem
~ 'areas of the lines that may be replayed. Once
~ videotaped, the tapes become property of the Owner.
1l1li 3.02 Post Construction Insþection
A. Procedure
. 1. Upon' completion of, the sewer line rehabilitation the
. entire sewer line (from manhole to manhole) shall be
televised.
. 2. The camera shall be moved through the line in either
direction at a moderate rate, stopping when necessary to
permit proper documentation of the sewer repair. In no
till case shall the television camera be pulled at a speed
I greater than 30 feet per minute. Manual winches, power
.., winches, TV cable, and powered rew~nds or. other devi?es
that do not obstruct the camera V1ew or 1nterfere w1th
: proper documentation of the sewer conditions shall be
used to move the camera through the sewer line. If,
. during the inspection operation, the television camera
will not pass through the entire manhole section, the
.' Contractor shall set up his equipment so that the
III' inspection can be performed from the opposite manhole.
I 3. Whenever non-remote powered and controlled winches are
useq. to pull the television camera through the line,
~ telephones or other suitable means of communication shall
III be set up between the two manholes of the section being
, inspected to i~sure good communications between members
.' of the crew.
111m I 02752-3
-
". .. .
- .
I \
I 4. Measurement for location of rep~irs shall be above ground
by means of meter device. Marking on the cable, or the -
like, which would require interpolation for depth of r
I manhole, will not be allowed. Measurement meters shall IF
be accurate to tenths of a foot over the length of the _J
section being inspected. Accuracy of the distance meter ~
I shall be checked by use of a walking meter, roll-a-tape, ~
or other suitable device. 6
-¡
I 5. Movement of the television camera shall be temporarily ~
halted at each repair. The camera shall also be stopped'
at any unnoticed or nonrepaired point source of
I infiltration and/or inflow until the leakage rate from
that source is quantified.
B. Documentation
I 1. Television Ins'Dection Logs: Printed location records
shall be kept by the Contractor and will clearly show the
I location in relation to an adjacent manhole of each
repair point observed during inspection. In addition,
other points of significance such as locations of
I building sewers, unusual conditions and other discernible
features will be recorded and a copy of such records will
be supplied to the Owner.
:j
I 2. Videotape Recordings: The purpose of tape recording
shall be to supply a visual and audio record of repaired
I sections of the line. Once videotaped, the tapes become
property of the Owner.
I 3.03 Warrantv Inspection
All collection line repairs, replacement, lining ·or point. repairs
shall be reinspected by the Contractor in the presence of the
I Engineer within one (1) year of acceptance by the OWner. Failure
of the Contractor to TV the repair during the warranty period shall
not relieve him of his warranty responsibilities. The Contractor
I shall schedule his work to conduct inspections of collection line
repairs, linings, point repairs or main line replacement to include
a Television Inspection in the 11th month after acceptance and
I tapes are to be turned over to the Engineer (this will be the third
television inspection). Procedures and documentation required are
to be identical to those in Article 3.02.
} *****
J
~ .
) : 02752-4
J
.
SECTION 02765
CURED-IN-PLACE PIPE LINING
~ART 1 GENERAL
1.01 Scope
,....~.........; The work specified in this section includes all labor, materials,
accessories, equipment and tools necessary to install and test
, . cured-in-place pipe lining.
i
~ 1.02 General
. .. The finished pipe in place shall be fabricated from materials which
I.. '.. when cured will be chemically resistant to withstand internal
exposure to domestic sewage.
,t 1.03 Submittals
; The Contractor shall submit, for the review of the Engineer, shop
tII..} drawings including materials to be used and design calculations for
~ the work.
.'. PART 2 PRODUCTS
III 2.01 Materials
.'. Ã. The polyester fiber felt tUbing and resin material shall be in
. accordance with the requirements with ASTM F1216 and be
; fabricated to a size that when installed will neatly fit the
ÎI. '. interior of the host pipe. Allowance shall be made for
circumferential stretching during inversion.
\<
~ B. The minimum tube length shall be that deemed necessary by the
. Co~tractor to effectively span the distance between the access
pOJ.nts.
""
... C. Unless otherwise specified, the Contractor shall use a
polyester fiber felt tube and a resin and catalyst system
compatible with the inversion process and having the following
. physical properties for the cured pipe:
(Psi)
Tensile:strength ÃSTM D-638 3,000
.~ I Flexural stress #101 (Modified ASTM D-790) 4,500
Flexural Modulus of Elasticity #101 (Modified ASTM D-790) 250,000
Minimum Long-Term (50 Year) ÃSTM D-2990 125,000
~; Modulus of ElaEticity
III! 02765-1
Ii!
.
~. "_i
The lining manufacturer shall submit to the Engineer for
D. review complete design calculations for the liner, signed and
sealed by a Professional Engineer registered in the state of
Florida and certified by the manufacturer as to the compliance
of his materials to the values used in the calculations. The
CIPP shall be designed to withstand all applied loads. The
W owner will determine the condition of the existing pipe and
the appropriate design procedure within ASTM F-1216-9~ will be
applied to calculate the required wall thicknesses. For the
- purpose of preparing Bids, the below schedule lists the
minimum wall thicknesses and diameters for computing total
bid amounts:
I piDe Minimum Wall Thickness Minimum Wall Thickness
I Diameter for 0' to 8.0' depth for greater than 8.0' depth
8-inch 0.236 inch 0.236 inch
I 10-inch 0.236 inch 0.295 inch
12-inch 0.236 inch 0.295 inch
16-inch 0.295 inch 0.354 inch
I 20-inch 0.354 inch 0.413 inch
24-inch 0.413 inch 0.531 inch
30-inch 0.531 inch 0.650 inch
36-inch 0.591 inch 0.709 inch :
I As part of the design calculation submittal, the liner
manufacturer shall submit a tabulation of time versus temperature.
I This tabulation shall show the lengths of time that exposed
portions of the liner will endure without self-initiated cure or '-
other dete.rioration beginning. This tabulation shall be at five
I degree Fahrenheit increments ranging from 70 degrees F. to 100
degrees F. The manufacturer shall also submit his analysis of the
progressive effects of such "pre-cure" on the insertion· and cured
properties of the liner. This information shall be submitted in a
I timely fashion prior to the preconstruction conference so that the
Engineer may set procedures for dealing with such an instance
caused by construction delays. The minimum liner thickness are for
I materials with characteristics as shown. Bidders with materials
with other characteristics must supply complete information in
their bids of the values as listed for ascertaining minimum
I thickness. Liner shall be neither accepted nor installed until
design calculations have been approved by the Engineer.
.
E. Liner shall be as manufactured by Insi tuform of North America,
I Inc. , 3315 Democrat Road, Post Office Box 181071, Memphis,
Tennessee 38118 or approved equal.
I
I 02765-2
I
-- ~.. ---- - .. ... . ,.
..
Ij~ "-.
:. 'PART 3 EXECUTION
,
I. 3.01 . Cleaninq/Surface Preparation
!. It shall be the responsibility of the Contractor to clean the
pipeline with a high-pressure water jet and to remove all internal
'. debris out of the pipeline in accordance with Section 02751
,^ "Cleaning and Root Removal".
. 3.02 Sewer Repairs
Any protruding pieces of concrete, dropped joints, or broken pipe
shall be subjected to point repairs in accordance with Section
I~ 02757 "Point Repair of Sanitary Sewers", so that the pipe is left
~ in a clean smooth condition in all respects ready for lining.
III! 3.03 Television Inspection
Inspection shall be performed by experienced personnel. The
. interior of the pipeline shall be carefully inspected using closed-
circuit television to determine conditions which may prevent proper
installation. Three (3) television surveys are required:
(J^ preconstruction, post construction and warranty. TV surveys shall
· be performed in accordance with section 02752 "Television
.l Inspection. "
III: 3.04 Flow Control
Flow control shall be exercised as required to ensure that no
III' flowing sewage comes into contact with sections of the sewer under
: repair. See Section 02750 "Wastewater Flow Control" for additional
information.
~I 3.05 Liner Installation
The prepared pipe shall be inspected by the Engineer for
.1 cleanliness ~nd smoothness before the Contractor is given approval
, to line.
. The contractor shall present to the Engineer, for approval, a
description of his methods for avoiding liner stoppage due to
conflict and friction with such points as the manhole entrance and
the bend into the pipe entrance. He shall also present plans for
. dealing with a liner stopped by snagging within the pipe. This
I information shall be submitted to the Engineer in a timely fashion
prior to the preconstruct ion conference.
..11 The Contractor shall have on hand at all times, for use by his
personnel and the inspector, a digital thermometer or other means
II of accurately' and quickly checking the temperature of exposed
portions of the liner.
..! 02765-3
IT
! ~;.~.",-,.,,~,~~,-.';
II
!. The Contractor shall immediately notify the Engineer of any
! -J construction delays taking place during the insertion operation.
Such delays shall possibly require sampling and testing by an
,fII independent laboratory of portions of the cured liner at the
~ Engineer's discretion. The cost of such test shall be born by the
contractor and no extra compensation will be allowed. Any failure
I. of sample tests or a lack of immediate notification of delay shall
, be automatic cause for rejection of that part of the wo~k at the
? Engineer's discretion.
III A. The Contractor shall designate a location where t~e tube will
be vacuum impregnated prior to installation. The Contractor
shall allow the Owner to inspect the materials and the "wet-
i J out" procedure.
B. A scaffold or elevated platform shall be erected at the
. upstream or downstream access point. The tube shall be
- inverted using an "inversion elbow" at the bottom of the
t . . .
manhole or an "~nvers~on r~ng" above ground. The tube shall
'be inverted (turned inside-out) with water pressure.
I . C. After the inversion is complete, the Contractor shall supply
'I a sui table heat source and water recirculation equipment. The
equipment shall be capable of uniformly raising the water
temperature to a level required to effectively cure the resin.
I' D. The heat source shall be fitted with sui table monitors to
. I gauge the temperature of the incoming and outgoing water
¡ supply. Another such gage shall be placed between the tube
, I and the host pipe in the downstream manhole at or near the
bottom to determine the temperatures during cure. Water
temperature in the pipe during the cure period shall be as
recommended by the resin manufacturer.
E. Initial cure shall be deemed complete when inspection of the
exposed portions of the tube appear to be hard and sound and
the temperature sensor indicates that the temperature is of a
magnitude to realize an exotherm.The cure period shall be of
a duration recommended by the resin manufacturer and may
require continuous recirculation of the water to maintain the
temperature.
, F. Cooldown: The Contractor shall cool the hardened pipe to a
II temperature below 1000 F before relieving the hydrostatic head.
C09ldown may be accomplished by the introduction of cool water
. in"to the inversion standpipe to replace water being pumped out
I! of the manhole.
G. Finish: The new pipe shall be cut off in the manhole at a
.1 suitable.' location. The finished product shall be continuous
~i over the length of pipe reconstructed and be free from dry
I spots, delamination and lifts. Should the liner not make a
_! 02765-4
"
-
.
.
.
tight seal at the inside manhole wall, a seal shall be made by
use of extra polyester fiber felt and epoxy resin. Pipe
entries and exists shall be smooth, free of irregularities,
and watertight.
3.06 Reconnection of Service Connections
After the pipe has been cured in place, the Contractor shall
reconnect the existing service connections. This shall be done
from the interior of the pipeline without excavation using a
J robotic cutter. Where holes are cut through the liner, they shall
be neat and smooth in order to prevent blockage at the service
connections. Cut-in service connections shall be opened to a
J minimum of 95 percent of the flow capacity of the building sewer.
All coupons shall be recovered at the downstream manhole and
removed. The Contractor should stop all visible leaks and grout
J service connections as required. The Contractor should not
reactivate any line sections until he has received approval from
the Engineer.
J 3.07 Field Oualitv Control
The finished liner shall be continuous over the entire length of I
the installation. The liner shall be free from visual defects,
damage, deflection, holes, delamination, uncured resin, and the
like. There shall be no visible infiltration through the liner or
I from behind the liner at manholes and service connections. cut-ins
and attachments at service connections shall be neat and smooth.
After the work is completed, the Contractor shall perform a TV
'inspection of each relined segment in accordance with section 02752
"Television Inspection".
3.08 Cleanup
I After the liner installation has been completed and accepted, the
Contractor shall cleanup the entire project area. All excess
I material and debris not incorporated into the permanent
installation shall be disposed of by the Contractor.
I 3.09 Warranty
The liner shall be certified by the manufacturer for specified
material properties for a particular job. The manufacturer
I warrants the liner to be free from defects in raw materials for one
year from the date of acceptance. During the warranty period, any
defects1which affect the integrity or strength of the pipe shall be
I repaired at the Contractor's expense in a manner mutually agreed by
the Owner and the Contractor. The Contractor shall be responsible I
for conducting a warranty TV inspection in accordance with section í
I' 02752, "Televi:sion Inspection".
I 02765-5
Ii!
.. "" ~__ _.m.. ---'
Agenda Item- No.: ¿(.~~
AGENDA REQUEST
Date: Octobp.r 1~ 1ÇH~5
Request to be placed on:
X Regular Agenda
Special Agenda October "24, 1995
Workshop Agenda When:
.
Description of item (who, what, where, how much): Entër into contract
for the Medical Director of the Fire Department EMS service and to
include the EMS services for the Parks and Recreation Department in
order to comply with State of Florida reiulationR
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/" RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of this contract. Fundine: of this
contract has been bude:eted and is available in Fire Department under
Line Item #001-2315-526-31.90 in the amount of $22,000 ann in t:hp.
Parks & Recreat:ion Dept: under T.inp. Tt:p.m #001-41?~-!;7?-~1 C}() in t-ht:3
amol1nt: ni' $? nnn i'nT" ~ total cost of S;24,OOO. payahlp. mont:hly @ $?,noo.
This is a renewal of the current contract.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ß~~:t b ¡J~
,
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alte~natives: pif ~
~ccount No. & Descr!ition' Ll2J-2.315~$2lo.?>I-qQ Ita;'. SVc..
ccount Balance: '2.: .000
. 00\-4123-5"12 ..31-40 ~!0111€.e ProF ÇVc..
Ci ty Manager Review: 2 ct()
t -
~pproved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
[IT' OF DELRA' BEA[H
DELRAY BEACH
f LOR IDA 100 N.W. 1st AVENUE . DE LRA Y BEACH, F LOR I DA 33444 . 407/243-7000
bad AII·America City M E M 0 R A N D U M
, III I!
1993 TO: CITY COMMISSION
FROM: DAVID HARDEN, CITY MANAGER ~
DATE: OCTOBER 18, 1995
SUBJECT: AGREEMENT WITH RANDALL L. WOLFF, M.D.
MEDICAL DIRECTOR CONTRACT
Staff recommends approval of an agreement between the City and Dr. Randall L. Wolff
to continue to provide medical direction for the Fire and Emergency Medical Services
Department and the Parks and Recreation Department pursuant to Chapter 401, Florida
Statutes.
Dr. Wolff has served as the Medical Director for the City for two years. He provides the
medical direction and supervision for the EMT's and Paramedics, directs the quality
assurance program, supervises and provides the appropriate medical training, and
establishes the medical standards and protocols for the City's emergency medical
servIces.
Dr. Wolff has been very proactive in providing the Departments with the newest field
medical procedures and standards. He brings a high level of professionalism to the City.
He is a Board Certified Emergency Physician, and is the current President of the Palm
Beach County Medical Director's Association.
The agreement is for one year with automatic renewal. Dr. Wolff will receive $2,000.00
per month for his services which is the same amount as the current agreement. Your
concurrence with this proposal will be appreciated.
David T. Harden
City Manager
DTH/mmh
¡./(.3.
® Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS
.
[IT' DF DELIA' 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 I D A
......
AII·America City MEMORANDUM
" III!
DATE: October 16, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City AtlOrneP
SUBJECT: Agreement with Randall L. Wolfe. M.D. - Medical Director Contract
The following agreement between the City and Dr. Randall L. Wolfe will continue the
current contract for another year. Dr. Wolfe will receive $2,000.00 per month for the
services provided for in the agreement. At the end of one year, the agreement will be
renewed automatically for another year unless terminated thirty days prior to the
expiration date.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Chief Robert Rehr, Delray Beach Fire Dept.
wolfe-l.dnt
@ Printed on Recycled Paper
.
AGREEMENT
THIS AGREEMENT made and entered into as of the date
last written below, by and between the City of Delray Beach, a
Florida municipality, located in Palm Beach County (hereinafter,
referred to as II CITY") and Randall L. Wolff, M.D. , a Florida
licensed physician (hereinafter referred to as II MEDI CAL
DIRECTOR ") ,
WHEREAS, the City desires to employ a MEDICAL DIRECTOR
for the Emergency Medical Services provided by the Fire and
Emergency Medical Services Department, the Parks and Recreation
Department, and for other administrative purposes and functions;
and,
WHEREAS, the MEDICAL DIRECTOR desires to be employed by
the CITY as an independent contractor to supervise and accept
responsibility for the medical performance of Emergency Medical
Technicians (EMT IS) and Paramedics functioning for the Emergency
Medical Services system of the Fire and Emergency Medical
Services Department of the CITY, under the provisions of Chapter
401, Florida Statutes; and Emergency Medical Technicians
functioning for the Parks and Recreation Department.
NOW THEREFORE, in consideration of the mutual promises
and benefits as set forth herein, the CITY and the MEDICAL
DIRECTOR agree as follows:
1. The MEDICAL DIRECTOR agrees to both directly and
indirectly supervise and accept responsibility for the medical
performance of Emergency Medical Technicians and Paramedics
functioning for the Emergency Medical Services System of the
CITY. Such supervision shall be accomplished by, though not
limited to:
a. Direct observation of Paramedics and Emergency
Medical Technicians on rescue calls and at
emergency scenes;
b. Monitoring of radio transmissions to emergency
facilities;
c. Review of rescue incident reports, and the
administration of a local quality assurance review
process; and
d. Conferences and/or meetings in both individual and
group situations.
Medical Director Agreement Page 2
These duties will be performed by the MEDICAL DIRECTOR at his/her
convenience as often as is necessary to insure that proper
medical standards and procedures are being followed. The MEDICAL
DIRECTOR shall provide the Fire Chief written quarterly reports
regarding efficiency and effectiveness and general performance of
the Emergency Medical Services System. Said reports shall be due
in the Office of the Fire Chief on January 15th, April 15th, July
15th and October 15th respectively.
2. The MEDICAL DIRECTOR shall be responsible directly
to the Fire Chief of the CITY and to the Director of Parks and
Recreation with reference to EMT's in that department; provided,
however, that nothing herein shall in any way authorize any
limitation or restrictions by the CITY on the professional acts
and advice of the MEDICAL DIRECTOR. It is recognized that the
MEDICAL DIRECTOR is otherwise employed as a physician, and
nothing herein shall limit or otherwise restrict the MEDICAL
DIRECTOR'S right to continue such employment and practice,
consistent with this agreement.
3. The MEDICAL DIRECTOR shall perform all services
required of him pursuant to Chapter 401, Florida Statutes, and
applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by
said MEDICAL DIRECTOR, or upon notice from the CITY that such
additional duties have been established by the Florida Department
of Health and Rehabilitative Services. The MEDICAL DIRECTOR may,
subject to the approval by the Fire Chief, utilize the services
of a Physician's Assistant to provide certain adjunct services
and support functions related to the duties of MEDICAL DIRECTOR.
4. . The MEDICAL DIRECTOR shall be directly responsible
for the medical performance of Emergency Medical Technicians and
Paramedics functioning for the CITY and shall have full authority
to direct and supervise their medical activities. The MEDICAL
DIRECTOR shall give necessary instructions to and interview and
consult with EMT's and Paramedics and supervise and arrange such
in-service instructional sessions, or promulgate such rules and
directives as may be necessary to assure that all medical
services performed by EMT's and Paramedics are in accordance with
proper medicàl standards and procedures. In addition, the
MEDICAL DIRECTOR shall participate in Paramedic staff meetings at
a time and date mutually agreeable with the MEDICAL DIRECTOR and
the Fire and Emergency Medical Services Department; provide
sufficient lecture and other materials to insure that quality
pre-hospital emergency medical services are provided by the
City's Paramedics and EMT's¡ review and comment on content and
emphasis on all elements of in-service training and testing
procedures; a~d shall initiate a review of all medical protocols,
and the Memorandum of Understanding pertaining to medical
treatment between the Fire and Parks and Recreation Departments
Medical Director Agreement Page 3
at least every six months to determine their applicability and
appropriateness with respect to the then acceptable emergency
procedures. Recommended revisions of said protocols shall be
furnished to the Fire Chief, and where applicable to the Director
of Parks and Recreation, for implementation.
5. The MEDICAL DIRECTOR will:
a. Assure the continuous availability of at
least one responsible physician, to be designated as an Assistant
Medical Director while performing the duties required of the
Medical Director, and determine the qualifications necessary for
said physician to provide responsible supervision of the
Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will
notify the D.elray Beach Fire and Emergency Medical Services
Department and the Parks and Recreation Department whenever
he/she will be unavailable for whatever reason, and will attempt
to provide 24 hour prior notification of such unavailability
except under emergency circumstances. Such notification shall be
given to the Office of the Assistant Fire Chief - Operations, and
the Supervisor of the Beach Patrol.
b. Provide liaison services as required and
requested between the Fire and Emergency Medical Services
Department of the CITY and/or the Parks and Recreation Department
of the CITY, and other departments, divisions, boards and bodies
of the CITY, the County or the State as well as educational,
other governmental, or medical agencies or institutions relating
to the provision of Emergency Medical Services.
c. Retain the ultimate authority to permit or
deny any Paramedic or EMT the utilization of advanced life
support techniques, basic life support, patient assessment, or
patient stabilization procedures.
d. Upon request, the MEDICAL DIRECTOR shall
advise the Fire Chief and/or the Director of Parks and Recreation
on disciplinary recommendations related to medical care.
e. Upon request, participate in the design and
structure of selection procedures for entry level personnel.
f. Upon request, consult with the Fire Chief
regarding promotional testing criteria for incumbent personnel.
g. Upon request, advise the department on an
appropriate manner by which to address incidents in which an
employee of the Fire and Emergency Services Department or the
Parks and Recreation Department, has been, or may have been,
exposed to infectious diseases or hazardous materials.
.
Medical Director Agreement Page 4
h. Upon request, maintain data regarding the
status of the aforementioned employees who have been, or may have
been, exposed to infectious diseases or hazardous materials.
i. Meet regularly with the Fire Chief to review
and discuss quality assurance standard's and outcomes consistent
with the provisions of applicable administrative rules and
regulations.
j. Serve as the Fire Department's Physician for
the purpose of providing advice, recommendations and consultation
to the Fire Chief in matters pertaining to occupational safety
and health issues.
6. The CITY agrees to perform and accept the
following duties and responsibilities:
a. The CITY shall meet all applicable standards
and requirements of the State of Florida for certification as an
advanced life'support provider, and shall remain so certified by
the State. The CITY shall further insure that its employees,
where applicable, become and remain certified as appropriate
under the laws of the State of Florida.
b. The CITY agrees to participate and agrees to
cause its employees to participate in all applicable county,
regional, state, or national emergency medical system programs
required by law.
c. The CITY shall insure that Paramedics, and
Emergency Medical Technicians participate in educational programs
and activities deemed necessary by the CITY.
7. Because the MEDICAL DIRECTOR may be subj ecting
himself to the risk of certain liabilities by entering into this
agreement, the CITY will obtain and pay the annual premium on a
medical malpractice insurance policy insuring the MEDICAL
DIRECTOR against liability arising out of negligent acts or
omissions of the MEDICAL DIRECTOR in the performance of his
duties as MEDICAL DIRECTOR during the term of this Agreement. If
this insurance policy provides coverage on a "claims made" basis,
the CITY shall continue to provide and pay the premium on this
policy for a coverage period ending not less than four (4) years
following termination of employment of the MEDICAL DIRECTOR. The
provisions of this paragraph shall survive termination of this
Agreement, regardless of whether termination is by the MEDICAL
DIRECTOR or by the CITY, or by expiration of the term of this
Agreement, until four (4) years after termination.
Nothing in this Agreement shall be construed as
expanding the liability of the MEDICAL DIRECTOR beyond that
provided for in the laws of the State of Florida and such valid
regulations as may be promulgated thereunder.
Medical Director Agreement Page 5
8. The MEDICAL DIRECTOR shall also be covered by the
CITY for administrative acts or decisions under the CITY'S master
errors and omissions policy.
9. The MEDICAL DIRECTOR shall be paid the sum of Two
Thousand Dollars ($2,000.00) per month, for each calendar month
during the term of this Agreement; provided, that if the annual
budget as adopted by the City Commission of Delray Beach for any
fiscal year of the CITY fails to provide sufficient funds to pay
the MEDICAL DIRECTOR as provided herein, this Agreement shall be
deemed terminated immediately upon the adoption of the budget,
without further notice or action by either party. Payment by the
CITY shall be to whomever the MEDICAL DIRECTOR designates in
writing.
All persons employed by the CITY who are subject
to the medical supervision of the MEDICAL DIRECTOR, to include
without limitation Emergency Medical Technicians and Paramedics,
shall not be considered or construed to be employees of the
MEDICAL DIREC'TOR, but rather are and shall be considered and
construed to be solely the employees of the CITY. The CITY shall
pay all wages, worker's compensation, unemployment, and social
security taxes applicable thereto.
10. For the administrative purposes of this Agreement,
the MEDICAL DIRECTOR shall be directly responsible to the Chief
of the Fire and Emergency Medical Services Department of the
CITY. The F~re and Emergency Medical Services Department will
provide administrative and secretarial support to the MEDICAL
DIRECTOR through the Office of the Fire Chief.
11. The Fire and Emergency Medical Services
Department, through the Office of the Fire Chief, and the Parks
and Recreation Department through the office of the Director of
Parks and Recreation shall cooperate to the greatest possible
extent in the. delivery of competent emergency medical care, and
shall make every effort to comply with all directives and
procedures of the MEDICAL DIRECTOR relating to the quality and
quantity of care rendered by the emergency medical system and
shall also make every effort to see that its employees comply
with the directives, policies and procedures established by the
MEDICAL DIRECTOR.
12.. The MEDICAL DIRECTOR shall be a Florida State
licensed physician who is also:
a. ACLS (Advanced Cardiac Life Support) provider
with instructor certification, and is an ACLS affiliate faculty
member of the American Heart Association; or
Medical Director Agreement Page 6
b. A Board-Certified Emergency Physician, or who
has been previously employed or is currently employed as an
Emergency Department Physician; and
c. Maintains official privileges and affiliation
with one or more of the following medical facilities: Bethesda
Memorial Hospital, Delray Community Hospital, Boca Raton
Community Hospital, or John F. Kennedy Hospital.
13. A current copy of all required licenses,
privileges and certifications shall be furnished to the Office of
the Fire Chief at the time of execution of this agreement.
14. The term of this Agreement shall be from the date
herein through September 30, 1996, with automatic one year
renewal, unless this agreement is terminated by either the CITY
or the MEDICAL DIRECTOR upon not less than thirty (30) days
written notice to the other party. This Agreement may be amended
from time to time, but only in writing in a form similar to this
Agreement.
In WITNESS WHEREOF, the parties have executed this Agreement
on the day of , 19 , in the City
of Delray Beach, Florida. ----
ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk MAYOR - THOMAS E. LYNCH
WITNESSES:
MEDICAL DIRECTOR
Approved as to form and legal
sufficiency
RANDALL L. WOLFF, M.D.
City Attorney-
, 19____
Medical Director Agreement Page 7
State of
County of
The foregoing instrument was acknowledged before me
this day of , 1995, by
who is personally known to me or who has produced
as identification.
Signature of Notary public-
State of Florida
Print, Type of Stamp Name of
Notary Public
[IT' DF DELIA' BEA[H
FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH
DElRAY BEACH
f L () . I D "
bad
AII·America Ci;
"111.
1993
To Whom It May Concern:
This authorization is to serve as an extension of Dr. Randall L. Wolffs
contract for Medical Director for the Emergency Medical Services provided by the
Delray Beach Fire Department.
This extension will be in for from September 30, 1995 until November 1,
1995.
Randall L. Wolff, M.D. Date
Notarized by
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
407/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461
Printed on Recy/ed Paper
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 9 A - MEETING OF OCTOBER 24. 1995
AMENDMENT TO LICENSE AGREEMENT AND OFF-SITE PARKING
AGREEMENT FOR BUSCH'S RESTAURANT
1
DATE: OCTOBER 20, 1995 f
This is before the Commission to consider approval of an amendment
to the license agreement between the City and Delray Beach
Associates, Inc. (Licensee) to allow for the construction,
maintenance and use of a deck with landscaped planters and
benches, and a paver block walkway, within the Marine Way
right-of-way.
As a condition of approval to construct the deck, seven ( 7 )
additional parking spaces are required. To satisfy this
condition, the Off-Site Parking Agreement is proposed to be
amended to include these additional spaces. It should be noted
that when the parking lot was expanded in 1991, 23 excess spaces
were provided. The proposal is to use seven of these spaces to
satisfy the parking requirement for the new deck. This
arrangement would leave sixteen ( 16) excess spaces.
Recommend consideration of the First Amendment to the License
Agreement and IIFirst Amendment to Agreement" (parking agreement)
for Busch's Restaurant.
~~ 6-0
ref:agmemo9
£ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 21)u NW 1st ¡\VE8UE . DELRAY BEACH, FLORIDA 33444
f..\CS1~!lLE 407í278-4755
Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F lOR I D A
~
AII·America City MEMORANDUM
, ~ III!
DATE: October 13, 1995
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amendment to License Agreement and Amendment to Off-Site Parking
Agreement - Busch \s Restaurant
The Site Plan Review and Appearance Board approved a modification to the site plan for
Busch's Restaurant subject to conditions. The site plan approval was conditioned on
approval of an Amendment to the License Agreement and Off-Site Parking Agreement
by the City Commission.
The Amendment to the License Agreement permits the Licensee to use the licensed
premises for construction of a deck with landscaped planters and benches and a paver
block walkway and ingress and egress to such amenities, in addition to the previous uses
allowed in the original License Agreement.
The Amendment to the Parking Agreement adds an additional seven parking spaces to
serve the new deck.
As you may recall, the original License Agreement provided for payment to the City of
a basic license fee of $1,200.00 per year for the first three years commencing May 1993,
and in the fourth and subsequent years a five percent increase per year until the end of
the lease term (2018). In addition, the original License Agreement provided for the
payment of a supplemental license fee in the total sum of $37,092.00. The supplemental
license fee was to be placed in a separate interest bearing account and may only be used
for the purpose of constructing a river walk. If a river walk is not constructed by April
of 2003, the supplemental fee and interest is required to be refunded to the Licensee.
The Amended Agreement does not add to or alter the original compensation contained in
the original License Agreement.
® Printed on Recycled Paper
.
City Commission
October 13, 1995
Page 2
By copy of this memorandum to David Harden, City Manager, our office requests that
the First Amendment to the License Agreement and "First Amendment to Agreement"
(parking agreement) be placed on the October 24, 1995 City agenda for consideration by
the City Commission.
ou have any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
Jeff Costello, Senior Planner
Mr. Art Menor
amendpk.sar
.
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment to License Agreement (the "Amendment") is
made as of the _ day of , 1995, by and between the
City of Delray Beach, a Florida municipal corporation (the "City")
and Delray Beach Associates, I nc . , a Florida corporation (the
"Licensee") .
RECITALS
I. Licensor and Highbridge Associates, a Connecticut limited
partnership authorized to transact business in Florida as
Highbridge Associates Limited Partnership and Coastal Partners
Limited Partnership, a Delaware limited partnership (collectively
the "Original Licensee") entered into that certain License
Agreement dated April 13, 1993 (the "License Agreement") with
respect to use by Licensee of a portion of Canal Street as
described in the License Agreement (the "Licensed Premises").
II. Original Licensee has conveyed the real estate which it
owned to Licensee and has assigned its interest under the License
Agreement to Licensee and Licensee is the successor in interest to
Original Licensee.
III. Licensor and Licensee are desirous of amending and
modifying the License Agreement to include use by Licensee of the
Licensed Premises for additional purposes on the terms and
conditions set forth in this Amendment.
NOW, THEREFORE in consideration of the foregoing, the mutual
covenants and conditions contained in this Amendment and other good
and valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, the parties to this Amendment, intending
to be legally bound, hereby agree to amend the License Agreement as
follows:
1. Incorporation of Recitals. The parties warrant and
represent that the foregoing recitals are accurate and correct and
hereby incorporate them in this Amendment. All capitalized,
defined terms used in this Amendment shall have the same
definitions as those set forth in the License Agreement unless
otherwise specifically indicated or unless the context clearly
indicates to the contrary.
2. Use of Licensed Premises. Paragraph 4 of the License
Agreement is amended to add the following permitted uses of the
Licensed Premises by Licensee pursuant to the terms of the License
Agreement, as amended hereby: Construction, maintenance, and use
of a deck with landscaped planters and benches, and a paver block
walkway as generally depicted in the sketch attached to this
Amendment as EXHIBIT "A" and as otherwise approved by Licensor;
ingress and egress from the property owned by Licensee over the
Licensed Premises to the walkway and the deck. In addition,
Licensee may continue to use the Licensed Premises for all of the
purposes originally specified in the License Agreement.
3 . Ratification. Except as modified by this Amendment, the
License Agreement shall remain otherwise unmodified and in full
force and effect and the parties hereby ratify and confirm the
terms of the License Agreement as modified by this Amendment. All
future references to the License Agreement shall mean the License
Agreement as modified by this Amendment.
4. Amendment. This Amendment may not be modified in whole
or in part except by an agreement in writing signed by all parties
to this Amendment.
IN WITNESS WHEREOF, Licensor and Licensee have duly executed
this First Amendment to License Agreement as of the date first
above stated.
ATTEST: LICENSOR:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas E. Lynch, Mayor
Approved as to form and legal
sufficiency:
City Attorney
WITNESSES: LICENSEE:
DELRAY BEACH ASSOCIATES, INC. ,
a Florida corporation
Print or type name
By:
Print or type name
-2-
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ____
day of , 1995, by Thomas E. Lynch, as Mayor of the
City of Delray Beach, a municipal corporation organized under the
laws of the State of Florida, on behalf of the corporation who is
personally known to me or who has produced
(type of identification) as identification and did/did not take an
oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ___
day of , 1995, by , as ,
of Delray Beach Associates, Inc., a Florida corporation, on behalf
of the corporation, who is personally known to me or who has
produced (type of identification) as
identification and who did/did not take an oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
WESTPALM 66931.3 . MEG
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FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (the "Amendment") is made as
of the ____ day of , 1995, by and between the City of
Delray Beach, Florida, a municipal corporation of the State of
Florida (the "City" ) and Delray Beach Associates, Inc. , a Florida
corporation ("Associates") and Branscombe Can-Am, Inc. , a Florida
corporation ("Branscombe") .
RECITALS:
I. City and Highbridge Associates, a Connecticut limited
partnership authorized to transact business in Florida as
Highbridge Associates Limited Partnership ("Hiqhbridge") and
Coastal Partners Limited Partnership, a Delaware limited
partnership ("Coastal") and Branscombe entered into that certain
Agreement dated September 9, 1991 (the "Aqreement") concerning
parking in connection with an outdoor deck constructed by
Branscombe with respect to premises it leased from Highbridge
located 836 East Atlantic Avenue, Delray Beach, Florida.
II. Highbridge was the owner of certain real property legally
described in EXHIBIT "A" to the Agreement (the "Hiqhbridqe
Property" ) . Coastal was the owner of certain real property legally
described in EXHIBIT "B" to the Agreement (the "Coastal Property") .
III. Highbridge and Coastal have conveyed the real property
which they owned to Associates and have assigned their interest
under the Agreement to Associates and Associates is the successor
in interest to Highbridge and Coastal.
IV. Branscombe has applied for permission to construct an
additional outdoor deck (the "New Deck" ) in connection with the
restaurant it operates at the premises it is currently leasing from
Associates.
V. In order to construct the deck, seven (7) additional
parking spaces are required which are not currently provided on the
Highbridge Property.
VI. As a condition to approval of construction of the New
Deck, the City has required that the Agreement be amended in order
to cover the seven ( 7 ) additional parking spaces required in
connection with the New Deck.
VII. The parties' desire to amend the Agreement in order to
permit construction of the New Deck in accordance with the
considerations set forth in these Recitals.
NOW, THEREFORE, in consideration of the foregoing, the mutual
covenants and conditions contained in this Amendment, and other
good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto, intending to be
legally bound, hereby agree as follows:
1- Incorporation of Recitals. The parties warrant and
represent that the foregoing Recitals are accurate and correct and
hereby incorporate them in this Amendment. All capitalized,
defined terms used in this Amendment shall have the same
definitions as those set forth in the Agreement unless otherwise
specifically indicated or unless the context clearly indicates to
the contrary.
2. New Deck. The seven ( 7) additional parking spaces
required for construction and maintenance of the New Deck shall be
provided in the parking lot located on the Coastal Property. So
long as the seven ( 7 ) additional parking spaces are available to
Branscombe, it successors and assigns, for construction and use of
the New Deck, such deck may be maintained and used. Should either
( i) Branscombe, its successors or assigns, ever lose the right to
utilize the seven ( 7 ) additional parking spaces on the Coastal
Property, by termination of Branscombe's lease with Associates, or
otherwise, or (ii) Associates obtain a modification of the Site
Plan or a change in the use of the Coastal Property resulting in
the loss of use by Branscombe of the seven ( 7 ) additional parking
spaces on the Coastal Property, at the election of the City, the
New Deck shall be immediately removed and the right to install,
maintain, and use the New Deck shall be rescinded.
3 . Ratification. Except as modified by this Amendment, the
Agreement shall remain otherwise unmodified and in full force and
effect and the parties hereby ratify and confirm the terms of the
Agreement as modified by this Amendment. All future references to
the Agreement shall mean the Agreement as modified by this
Amendment.
4. Benefit and Binding Effect. This Amendment shall be
binding upon and inure to the benefit of the parties to this
Amendment, their legal representatives, successors, and permitted
assigns.
5 . Amendment. This Amendment may not be changed, modified,
or discharged in whole or in part except by an agreement in writing
signed by all parties to this Amendment.
IN WITNESS WHEREOF, City, Associates, and Branscombe have duly
executed this First Amendment to Agreement as of the date first
above stated.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas E. Lynch, Mayor
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Approved as to form and legal
sufficiency:
City Attorney
WITNESSES:
DELRAY BEACH ASSOCIATES, INC. ,
a Florida corporation
Print or type name
By:
Print or type name
BRANSCOMBE CAN-AM, INC. , a
Florida corporation
Print or type name
By:
Ron Branscombe, President
Print or type name
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ____
day of , 1995, by Thomas E. Lynch, as Mayor of the
City of Delray Beach, a municipal corporation organized under the
laws of the State of Florida, on behalf of the corporation who is
personally known to me or who has produced
(type of identification) as identification and
did/did not take an oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ___
day of , 1995, by , as ,
of Delray Beach Associates, Inc., a Florida corporation, on behalf
of the corporation, who is personally known to me or who has
produced (type of identification) as
identification and who did/did not take an oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
-4-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ___
day of , 1995, by Ron Branscombe, as President, of
Branscombe Can-Am, I nc . , a Florida corporation, on behalf of the
corporation, who is personally known to me or who has produced
(type of identification) as identification
and who did/did not take an oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
WESTPALM 69262.2 - MEG
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EXHIBIT "A"
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. 3CHED1LE of all of the follo\ling describe1 1a.nd~, situated in
Palm Beach County, State of Florida, to-wlt:
A part of Block 133, Town of Unton.(no\l De1ray B~ach} as per
Plat rp.co~ded 1r. the Of~ice of the Clerk of the Cjrcuj~ Court
in and ~or Palm Beach County, florida, in Plat Boole 1, Pago 3
and more particularly descric~d a~ folJo\ls:
Beg.1r.n.1ng l:.t a PIJ1nt at f'~e r.,rthea.st corner of I3lock 133,
thence West ~long the SOUt"l property line of Atla.ntic Avenue
a distance of 169.;9 teet c·') a å01nt, thence South 1;38.60
feet to Ii. point, thenc:e East H .76 feet to a ·point, thence
Northerly along the West rigOt-of-way line of the Intracoastal
Watervay, a distance of 139.80 1èec, to the Poin~ of Beginnil1g.
Also known as Ints 51, 52, 53, 54 and 55 of a Pl~t of Palm
Square Subdlvi~ion recor1e~ and ~n file ~~ the office of the
I.:Hy Clerk of D'tlray Beach, Florida.
Also all of the North· 12 feet of Lot 56 of said Palra Square
Subdivision as pel' plat thereof \:)r: fllt: in the Office of the
City Clerk of Delray }jeach, Florida.
Beginning at a point on th~ South 1lne of Atlantic Avenue
that is 240 feet ~st of the East line of Bay St~eet (5. E.
7th Avenue) as sho\ln on the Plat of Delray Beach, Flori~
(formerly Linton), aïd recorded"in Plat Book 1 on Page 3,
Public Records of Palm Beach County, Florida; thence South
along the East 11ne of Palm Square (Palm Avenue) a distance
of l3e.6 feet; thence East, parallel \lith the sald South line
or Atlantic Avenue, a distance uf 100.0 feet, thence North,
~.ral~c: \I~th the said East llne of Palm Square (Palm Avenue)
a distance of 138.6 reet t~ the sa.ld South line of Atlantic
Avenue: thence West, al~ng the said South line of Atlantic
Ave:'lue a distance of 100.0 feet to the Paine of Beginning.
Also somet1mes described a.s l;:)ts 47, 48, 49' and" 50 of Palm
Souare, an un-recorded subdivision of Blocks 125 d.nd 133 of
the SI'.ld plat of Dclray Beach, Florida (formerly Linton),
less the North 7.0 feet thereof for righc.. )f-way of Atlantlc
Avenue.
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(Q ACH COUNTY .
II:'-' #0 JOHN 8. OUNJ: . FLA
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EXHIBIT B
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Premises located at 840 East Atlantic Boulevard, Celray
Beach, Florida, in a building located on the following
described real property:
A part of Block 133, Town of Linton (now Delray
Beach) as per Plat recorded in the Office of. the
Clerk of the Circuit Court in and for Palm Beach
County, Florida in Plat Book 1, Page 3, and more
particularly described as follows: Beginning at a
point at the N.E. corner of Block 133, thence West
along the South property line of Atlantic Avenue a
distance of 169.39 feet to a point, thence South
. 138.60 feet to a point, thence East 148.76 feet to
a point, thence Northerly along the West right-
of-way line of the Intracoastal Waterway, a
distance of 139.80 feet to the Point of Beginning.
Also known as Lots 51, 52, 53, S~, and 5S of a Plat
of Palm Square Subdivision recorded and on file in
the office of the City Clerk of Celray Beach,
Florida. .
Also all of the North 12 feet of Lot 56 of said
Palm. Square Subdivision as per plat thereof on file
in the Of fice of the City Clerk of De lray Beach,
Florida. Beginning at a point on the South line of
. Atlantic Avenue that is 240 feet East of the East
line of Bay Street (S.E. 7th Avenue) as shown on
the Plat of Celray Beach, Florida (formerly Linton)
and recorded in Plat Book 1 on Pa.ge J, of the
Public Records of Palm Beach County, Florida
thence South along the East line of Palm Square
(Palm Avenue) a distance of 138.60 feet thence
East, parallel with the said South line of Atlantic
Avenue, a distance of 100.00 f~e+", thence North,
parallel with the said East line of Palm Square
(Palm Avenue) a distance of 138.60 feet to ~he said
South line of Atlantic Avenue thence West, alone¡
the said South line of Atlantic Avenue a distance
of 100.00 feet to the Pont of Beginning. Also
. sometimes described as Lots 47, 48, 49, and 50 of
pa 1m Square, an un-recorded subdivision of Blocks
125 and 133 of the said plat of Delray Beach,
Florida (formerly Linton). Less the North 7.0 feet
thereof for right-of-way of Atlantic Avenue.
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FINDINGS
HISTORIC PRESERVATION BOARD MEETING
SEPTEMBER 20,1995
AGENDA ITEM IV-A
COA 8-191 CONTINUATION ..
r.r;.
BUSCH'S RESTAURANT
840 E. ATLANTIC AVENUE, MARINA HISTORIC DISTRICT
RON BRANSCOMBE, OWNER
DIGBY BRIDGES, AUTHORIZED AGENT
ITEM BEFORE THE BOARD
The action requested of the Board was that of approval for a Minor Site Plan
Modification, Landscape Plan; and Design Elements.
ACTION TAKEN BY THE BOARD
Site Plan Modification
The Board approved the Site Plan as presented, with the three conditions
recommended in the staff report; as follows:
1. That 4 additional benches be provided along the west side of the
proposed paver block walkway;
2. That a license agreement be executed for the utilization and
construction of improvements within the Marine Way right-of-way; and,
3. That an off-site parking agreement be executed.
The Board imposed the following 2 conditions:
,-.
4. That a walkway at the southeast corner of the parking lot be provided
to Marine Way; and,
5. That a permit or a letter of approval be obtained from the Department
of Environmental Protection with respect to the Mangroves along the
Intracoastal Waterway.
Landscape Plan
Approved as presented
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COA 8-191 Continuation
HPB Meeting 9/20/95
Page 2
Building Elevation and Design Elements
Approved as presented with the fOllowing condition:
1. That the benches be consistent in design to those provided in ~.
Veterans Park; and, that the applicant will replace the existing light green
deck awning with dark green to match those on the Atlantic Avenue
facade.
file/caycep/COA 191 F
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HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 20, 1995
AGENDA ITEM: IV.A
ITEM: Certificate of Appropriateness 8-191 for a Site Plan Modification, landscape
Plan and Design Elements for Busch's Restaurant. ,.
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GENERAL DATA:
Owner......... ............................... City of Delray Beach
Applicant.................................. . Ron Branscombe
Agent........................................ . Digby Bridges
Digby Bridges, Marsh and Associates
location.... ................................. Southeast corner of Atlantic Avenue and Palm Square, immediately
adjacent to the Intracoastal Waterway.
Property Size............................. 6,300 sq.ft. (overall site 2.4 acres)
Future land Use Map............... Commercial Core
Current Zoning.................. ........ CBD (Central Business District) and CF (Community Facilities)
Adjacent Zoning..............North: CBD
East: CSD
South: RM (Medium Density Residential)
West: CBD
Existing land Use..................... Existing commercial structures with associated parking.
Proposed land Use.................. Construction of a 1,844 sq.ft. dining deck and canopy within the
Marine Way right-of-way along with the installation of a paver block
walkway and landscaping.
Water Service............................ Existing on site.
Sewer Service........................... Existing on site.
IV.A.
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1::::::::::::::::1:1:::::::::::::1:1:::::::::::::i1.:::::::::::::::::::::::::::::::::::::::::::::::1:::::::::::I:::I!:::§:::I::::::::::I:::§:::§:::11::I:::§::::i:ii::I!:::I:::§::1:11111iI1::1]11!:::1:1:I:i:,::::::::::::::i:1:::i:::1:::::':':1::1i:::::::::::::1::::1:1::::::::::1::::::1i::::::::::1:::::11:::::::1:1
The action before the Board is that of approval of COA 8-191 which incorporates
the following aspects of a Minor Site Plan Modification request for Busch's
Restaurant, pursuant to LOR Section 2.4.5(G)(1)(b): ,.
0 Site Plan;
0 Landscape Plan; and,
0 Design Elements
The subject property is located at the southeast corner of East Atlantic Avenue
and Palm Square immediately adjacent to the Intracoastal Waterway, within the
Marina Historic District.
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::::::::1!1:::!i~::::::::::::::::::::::::::::::¡:::111::::I::::::1::::::::1::::::::::::::::::I::::::::¡m¡:1:i1!:I::::::::::::::::::::::::::::::::::il:illl:1:!::I:::1:::II:::I:::I::::I:::::::::::::::::I1::::1::I::i:I1:::::::::1::::::::1::::::::::::::::::::::::::::::1::::::::::::::::::1::::::1:::::::::1:::::::::::11::::::::1::::::::::::::
The subject property has an extensive land use history. The following are the
most recent land use actions to occur on the property.
At its meeting of May 14, 1991, the City Commission approved a rezoning of the
south portion of the property from RM (Medium Density Residential) to CF
(Community Facilities). The rezoning was to accommodate a parking lot
expansion for the Boyd building associated with a deck addition for the Brandy's
Waterside Cafe/Canal Street Restaurant (currently Busch's Restaurant). Also at
that meeting, the City Commission denied a conditional use request to establish
a commercial passenger boat operation with loading area and ticket sales booth
(Stillwater Cruise).
On July 17, 1991, the HPB (Historic Preservation Board) approved site plan
modifications for the 30 space parking lot expansion as well as a 1,755 sq.ft.
deck addition. On February 19, 1992, the HPB approved a minor site plan
modification to allow construction of a 5' X 150' dock with crosswalks.
On November 1, 1994, an application for sketch plan review was submitted to
the Planning Department for a 2,009 sq.ft. deck addition. At that time, staff
transmitted comments to the applicant regarding widening of the walkway from 8
feet to 10 feet and extending the paver block system to the south property line
At its workshop meeting of April 11, 1995, the City Commission discussed the
development proposal and the associated license agreement with Busch's
Restaurant. At that meeting, the Commission gave the applicant direction to
proceed with an amendment to the existing license agreement to accommodate
the proposed use.
On July 15, 1995, a minor site plan modification application was submitted to
construct a dining deck addition which is now before the Board for action.
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HPB Staff Report
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 2
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The north portion of the subject property which encompasses the proposed
deck/restaurant addition is zoned CBD (Central Business District) and the south
portion (parking lot area) of the property is zoned CF (Community Facilities).
I_~
The development proposal is construction of a 1,844 sq. ft. dining deck addition
within the Marine Way right-of-way, installation of a 10' wide paver block
walkway with park benches, and associated landscaping. The proposal requires
an amendment the existing license (use of public right-of-way) and off-site
parking agreements for Busch's Restaurant.
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COMPLIANCE WITH lAND DEVELOPMENT REGULA TIONS
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
Parking
Pursuant to LOR Section 4.4.13(G)(1 )(f), within this portion of the CBD zone
district, 1 parking space is required for every 300 sq.ft. of new floor area. Thus,
the proposed 1,844 sq. ft. deck addition requires 7 parking spaces. With the
parking lot expansion in 1991, 23 excess spaces were provided. The proposal is
to utilize 7 of those excess spaces leaving 16 excess spaces.
REQUIRED FINDINGS:
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings
relate the Future land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the land Development Regulations.
At the time of the site plan modification approval of 1991 for Brandy's Waterside
Cafe/Canal Street restaurant (currently Busch's Restaurant), appropriate findings
were made with respect to the Future Land Use Map, Consistency and
Concurrency. Improvements required per that approval have been installed.
(f
HPB Staff Report ^
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 3
The development proposal involves the construction of a 1,844 sq. ft. deck
addition. Pursuant to Section 2.4.5(G)(1)(b), this minor modification does not
significantly impact the previous findings. However, the applicable
Comprehensive Plan policies and Concurrency items as they relate to this
development proposal are discussed below.
COMPREHENSIVE PLAN POLICIES: "
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policies are noted.
Open Space and Recreation Objective B-3 - Not only shall existing access
to the beach areas and waterway be retained, but enhanced with special
emphasis placed upon beach accessibility for residents.
As the proposal involves the utilization of public right-of-way, the City must be
ensured that the general public will not be discouraged from utilizing the
walkway, and that from a visual perspective, the area to be improved shall not
appear to be for private use. To do so would be in violation of this policy which
calls for the retention of public access to the Intracoastal Waterway. The existing
access to the waterway as well as a public friendly perspective will be retained
through the provision of a 10 foot wide paver block walkway which will be
consistent with the existing pavers along Atlantic Avenue. While the proposal
includes 2 benches adjacent to the walkway, the sketch plan presented to the
City Commission in April provided 4 benches. In order to ensure that the
utilization of this area for public use is fulfilled, 2 additional benches should be
provided adjacent to the deck and 2 more provided south of the proposed deck
adjacent to the paver block walkway for a total of 6 benches.
Coastal Management Objective C-2 - The Marina Historic District shall be
redeveloped with a sympathetic blending of the demands of economic
development and historic preservation...
Coastal Management Policy C-2.2 - That part of the Marina Historic District
nearest to Atlantic Avenue (north portion) shall be redeveloped in a manner
which while keeping within the existing character shall provide for a
transition in design and intensity and type of use to the commercial
character of the Central Business District.
The proposal will be in keeping with the existing character of the historic district.
With the installation of the paver block walkway and landscaping, the desired
transition will be provided while accommodating outdoor dining for the
restaurant.
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I
HPB Staff Report
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 4
Section 3.1.1 (B) - Concurrency
Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective
B-2 of the land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed <. capital
improvements.
The proposed improvements will not have an impact on water and sewer
demands. Drainage will not be significantly affected by the modification as the
proposed deck will be located over existing impervious (paved) area and
additional pervious areas (landscaping) will be provided. The limited amount of
landscape area which is displaced will be relocated elsewhere on site. The
commercial addition will not create a need or impact on the Parks and
Recreation Facilities level of service standard. Concurrency findings as they
relate to Streets and Traffic, and Solid Waste are discussed below.
Streets and Traffic:
A traffic impact study has been submitted indicating that the proposed 1,844
sq.ft. restaurant/seating deck addition will generate 151 new average daily trips
to the surrounding roadway network and 12 trips during the PM peak hour. The
traffic study complies with the Palm Beach County Traffic Performance
Standards Ordinance. Based upon the above, a positive finding with respect to
traffic concurrency can be made.
Solid Waste:
Trash generated each year by the deck/restaurant represent an addition of 24.9
pounds per square foot per year or 23 tons. The increase can be accommodated
by existing facilities and thus, will not be significant with respect to level of
service standards.
Section 3.1.1 (D) - Compliance With the Land Development Regulations: As
described under the Site Plan Modification Analysis of this report, a positive
finding of compliance with the LDRs can be made.
Section 2.4.5(F)(5) (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of
Chapter Three, the approving body must make a finding that the
. development of the property pursuant to the site plan will be harmonious
with the adjacent and nearby properties and the City as a whole, so as not
to cause substantial depreciation of property values.
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HPB Staff Report
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 5
The subject property is bordered on the north, east and west by the CBD
(Central Business district zone district. To the south is zoned CF (Community
Facilities) and RM (Medium Density Residential). The existing land uses to the
north, west, and south are commercial developments [i.e. Waterway East
shopping center, Atlantic Plaza, and Northern Trust Bank (currently under
construction)]. To the south is the Marina Historic District which contains a
mixture of single family and multiple family structures. "
Along the south side of the property there is an existing 6' high c.b.s. wall which
buffers the existing residences from the subject property. The proposed
improvements will not extend any further south than the existing deck
constructed in. 1991. Also, the existing parking area provides adequate
separation between the commercial structures and the residences. The paver
block walkway and associated landscaping will be an enhancement and will
provide additional buffering for the residents. It is anticipated that the outdoor
dining deck will create similar noise levels as the existing outdoor dining deck.
Staff is not aware of any complaints associated with the operation of Busch's.
Noise levels must adhere to the provisions of Chapter 99 (Noise Control) of the
Delray Beach Code of Ordinances, which is enforced by the Police Department.
The development is generally compatible and harmonious with adjacent
properties. The improvements will be enhancement to the area and should not
cause depreciation of property values.
~::::::::::::::::::::::::(¡:::::¡:::::::::::!:::!:::.:::.:.:.:':':':':':':':':':::¡r:r:::~:'~:¡:~:::¡~::·~·:·G·:·,:::!:::.,r·:·:·:·R·:·~r!:::~:¡::::?R:·:N:::I:::.rifS:·:f~·:!:::r':':':::::''(:':':':(':':::':':':':':::::::::::::(.:.:.:.:.:.:.:.:.:.:.:.::::::::1
On the east and west sides of the proposed walkway (around the proposed
deck), Coconut Palms with a Cocoplum Hedge are proposed. Also, on the east
side of the deck Spider Lilies are proposed. The proposed landscaping on the
east side of the walkway will be in addition to the existing Mangroves adjacent to
the seawall. The proposed landscaping is consistent with the landscape material
that has been provided within the landscape nodes along East Atlantic Avenue.
I·······..·..··....···· ·:1~·:r:1r·····....·....··..· .:................. 'Ir . 1111Ir .... :1iI111111·····..····....·.... 111:::1111"111iI1;1:11 1::[:11:11:111:::···..·..·..·····.. ·n..··············..··..· :::¡T:······· '1
:~::¡::¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡:¡¡:¡::¡¡¡¡¡¡:¡:¡:::¡¡::¡¡::¡~¡:::::::::::::::::¡¡:¡¡::¡::¡¡¡:~¡::::::::::::::¡::¡:~:¡::::I~:¡~¡::¡:::¡::¡¡:¡:¡::¡I:::I::¡I:¡¡I~::I¡¡¡R~::¡¡:::~::I:¡:¡I.¡¡¡I¡¡¡¡I¡¡:~I¡¡:I¡¡¡¡m¡¡¡I¡:¡:¡::~:~¡I::¡:::¡::::¡::¡¡:¡:¡¡¡:¡¡:::¡::¡~:::~¡~~::~~~::~~~:~:~~¡~:::¡:::¡:::::::~¡~¡:¡:¡:::¡:¡¡¡::¡:¡¡:¡¡¡:¡:¡::~¡¡::¡::::~:¡¡¡:¡¡:¡::¡
Deck and Canopy Addition
The proposed deck will be constructed of pressure treated wood with natural
finish railing to match the existing deck. The proposed green vinyl canopy with
metal support columns will match the existing canopy.
Paver Blocks
The proposed paver block system will be consistent with the existing paver
system along East Atlantic Avenue.
. ( (
HPB Staff Report
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 6
1::::::::::::::::::::::::::::::::::::::':::::::::::::::::::::::::::,:::::::::j:::::::::::::'::'::::,:::::::::::::::::::::::::::::::::::::::::::::::::':::j::::::::::::::I:::m:::m::::I::::I:I:::fJ:::m:::I:¡I:::;::::::::::;:::::::::':::::;::::.:::::':::::.:':'::::::::::.:,:::.:.!:!!,!:::!,!::'::::::"::;::::::::::::':,:::::.:::::,:,':':,::::::!:!::::::::'::'I
License Agreement
In order to utilize the existing right-of-way a license agreement acceptable to the
City Attorney with respect to legal sufficiency and form must be executed and
approved by the City Commission. In 1992, a license agreement was éxecuted
for the crosswalks providing access to the dock. Based upon the City
Commission's directive provided at its April 14th meeting, the applicant has
amended the existing license agreement to accommodate the proposed
improvements. If the site plan is approved, the license agreement will be
scheduled for action by the City Commission at its meeting of October 3, 1995.
Off-Site Parking Agreement
With the site plan approval of 1991 (deck and parking lot), an off-site parking
agreement was executed which addressed the required number of parking
spaces necessary to accommodate the deck addition (1,755 sq.ft. requiring 6
parking spaces). With this development proposal, the off-site parking agreement
must be amended accordingly to accommodate the 7 parking spaces required
for the 1,844 sq.ft. deck addition. The off-site parking agreement has been
amended and has been deemed acceptable by the City Attorney with respect to
legal form and sufficiency. If the site plan modification is approved, this item will
also be scheduled for action by the City Commission at its October 3rd meeting.
I:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::f::::::::::::::¡::::::::::::::::::::::::::::::;:::1:::1:::1:::1::1,1::::::::::1::;:::::::::1:::;:::1::::1:::1:::1:::;::,:::':::::!:"::::::::':::::':':':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1
Downtown Development Authority:
At it meeting of August 16, 1995, the DDA reviewed the request and
recommended denial. The DDA felt that the sidewalk width was not sufficient for
public use, that the proposal did not tie-in with the riverwalk concept, and that the
outdoor dining area would generate excessive noise.
Community Redevelopment Agency:
At its meeting of September 14, 1995, the CRA reviewed the proposal and had
no objections. The Board felt that the proposal will provide the type of evening
activities that are encouraged in the CBD area.
Special Courtesy Notice:
Courtesy notices were provided to the following homeowner's associations:
o Marina Historic District Association
o Palm Square Homeowner's Association
.
, ( (
HPB Staff Report
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 7
o Bar Harbour Condominium Association
o Beach Property Owner's Association
Letters of objection and support, if any, will be presented at the HPB meeting.
I::::::¡¡:::::::::::::::I::¡:::::::¡::::¡::~:¡:~:I::::¡:::::::I::::::I:::Î:::Î::¡I:¡§l§tÎ:::¡I:::Ρ:¡Ii::¡::¡::::Ρ::ïII~:::::¡:::I:::I:::8:::Î:~:¡m¡¡:I:::I:::J.::::I::¡I:¡:¡I:::::::::::¡:::::::::::::::::!:::::::I~:~:::¡::¡:::::~~:::::::::¡:::::::::I
The development proposal will be consistent with the policies of Chapter 3 of the
Land Development Regulations and the Comprehensive Plan. There is sufficient
parking to accommodate the increase in floor area and the deck addition will be
consistent with the existing deck. In order to install the improvements, a license
agreement and an off-site parking agreement must be executed. The proposed
improvements will be an enhancement to the area and retain the desired public
access along the Intracoastal Waterway.
lijiii¡iiiii¡ijiii~iii¡ii¡¡¡¡:¡:i¡f::¡:¡i:::¡i¡i:¡i:i¡i¡iiiiiiiii¡i¡i¡f:i~¡¡¡i¡¡¡¡¡i:¡¡i¡¡~i¡i¡i¡iiiiiii¡i¡i¡i¡i¡i¡i¡liiii§iilii:l¡iil¡iiíii¡li¡¡m:¡~I¡i:ìf:iÎiii¡i¡¡¡i¡l¡i:I¡¡im¡i¡'i¡i1:::I¡iii:ìij!¡!iiiiii¡!¡i¡iiiiiii~i!ij:iii:i~:i:i¡i¡i¡¡¡i¡¡¡i¡i:i¡i:i¡i:!¡¡:i¡i¡¡~iii!~:i:i¡iii¡iii:it¡Ii¡i:i¡!iiIii:!IJ
A. Continue with direction and concurrence.
B. Approve COA 8-191 and associated site plan modification, landscape
plan and building elevations for Busch's Restaurant based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations and
the policies of the Comprehensive Plan subject to conditions.
C. Deny COA 8-191 and associated site plan modification, landscape plan
and building elevations for Busch's Restaurant based upon a failure to
make positive findings with respect policies of the Comprehensive Plan
and LOR Section 2.4.5(F)(5) (Site Plan Findings) as stated.
1"1":11-:-···..·..·· ...... ·..·T1f····· ........ '1T: f¡" ........ ...... ···rr:111f·..··..· .... ......... ..li"!1iì..·..··..........····.. ....····..···1'··..··..· ............ '1ü1ü1f"'" ......... ..···:1:f· ... "1
'::¡¡:¡¡:¡::¡¡:¡:~::¡:¡¡¡¡¡¡¡::¡::i:::::::::::¡:::::::::::::::::¡:¡¡:¡¡:~¡:¡:¡¡¡¡:¡¡::¡¡::¡:¡¡¡:::¡:¡::¡¡i:::$MJj¡::lll.1j~::ti:::::¡:¡¡::I¡:¡ø::¡I:::111:~::I::::I:¡¡I::¡:I:::I:::I:::I¡¡I::¡I::::::::::::::::¡::::¡¡¡¡:::¡¡¡:¡:::::::::::::::II:j:::::::::::::¡¡¡:¡¡:::::¡::¡:¡¡¡:::::::::I::::::::j¡
A. Minor Site Plan Modification
Approve COA 8-191 for the site plan modification for Busch's Restaurant
based upon positive findings with respect to Chapter 3 Performance
Standards) and Section 2.4.5(F)(5) (Site Plan Findings) of the Land
Development Regulations and the policies of the Comprehensive Plan
subject to the following condition:
1. That 4 additional benches be provided along the west side of the
proposed paver block walkway;
2. That a license agreement be executed for the utilization and
construction of improvements within the Marine Way right-of-way;
and,
. ( (
HPB Staff Report
Busch's Restaurant Deck Addition - Minor Site Plan Modification
Page 8
3. That an off-site parking agreement be executed.
B. Landscape Plan
Approve COA 8-191 for the landscape plan for Busch's Restaurant
based upon positive findings with respect to LOR Section 4.6.16.
..
C. Building Elevations
Approve COA 8-191 for the building elevations for Busch's Restaurant
based upon positive findings with respect to LOR Sections 4.5.1 and
4.6.18.
Attachments:
0 Site Plan
0 Landscape Plan
0 Building Elevations
Staff report prepared by : Jeff Costello. Senior Planner
.
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CITY Of' DELRAY BEACH. FL
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
f LOR I D A
~ 100 N.W. 1st 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: AGENDA ITEM #9gclTY COMMISSION MEETING OCTOBER 24, 1995
SPECIAL EVENT REQUEST. HARVEST FEST
DATE: October 16, 1995
ACTION
City Commission is requested to endorse Harvest Fest to be held on November 11-12, 1995, to
grant a temporary use permit per LOR's Section 2.4.6 (H) for use of City right-or-way, to provide
City services as outlined below, to split overtime SO/50 for the event, and waiver of LOR's Section
4.6.7(D)(3)O)(ii) to allow signage to be placed more than one week prior to the event.
BACKGROUND
The Chamber of Commerce has requested the City to endorse the event and requests approval of
the following:
· Street closure Atlantic from Venetian to A-1-Ä.
· Use of the Andrews Street/Atlantic parking lot.
· Use of the large City stage.
· Permission to place signs more than one week before the event, i.e., 10/23 through
11/13.
· Allow this to be the only authorized event for these dates with permitting authority
vested in the Chamber.
· Provide staff support for traffic control, street closure, security, trash removal, and
event set up and take down.
· Split overtime SO/50. Estimated overtime costs for all City services for this event are
$3,500.00
PE-e.. eltB R4-+h6 rnE.&J..¡~ J 01 E.ST1m~TE.- Down -1-0 -.$ qoo .
Appt20l)8) A5 REl!omm~()OE:L> ~ ~~ uJ/ or
~5'u...e.E.- o~ ~ q 00 I
b-O
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9·8·
.
.
.
RECOMMENDATION
Consider approval of the Chamber of Commerce requests for Harvest Fest with the understanding
that the Delray Beach Community Rallyhas already been approved on November 11th with events
running from 4:30 until 8:00 p.m.
RAB:kwg
cc: Major Lincoln
Joe Weldon
Scott Solomon
Lula Butler
File:u:grahamlagenda
Doc.:Harvest.Fst
. - --- ...
. .
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- - ... ~~ \'.~"" " ocr 0:; 199,5
~.,~
The GREATER _
DELRAY BEACH
-- Chamber of Commerce
FAX TRANSMITTAL
DATE: October 6, 1995
TO: Bob BarcinskL Assistant City Manager
City of Delray Beach
FAX NUMBER: 407-243-7166
NUMBER OF PAGES INCLUDING THIS PAGE: of
FROM: Lynn H. Bafaloukos, Events Coordinator
SUBJECT: 8TH ANNUAL HARVEST FEST '95
............*..*..................................................***..................***..
1 understand that you have seen the original letter and again I apologize for any
mix up in communication.
I got the word late yesterday afternoon that alcoholic beverages will be sold at
the 8th Annual Harvest Fest '95. With this decision in place, I respectfully request
that the City of Delray Beach waive the a1coholic beverage consumption in
public ordinance.
I would appreciate if you could please attach this request with the original for
discussion and approval at the next City Commission Meeting,
Please feel free to contact me should you have any additional questions.
Greater Delray Beach Chamber of Commerce, Inc. p~lR.'" ~ B~AP!
~.ft_~
64 S.E. Fifth Avenue, Delray Beach, Horida 33483 AlI·AmemaCity
407-278-0424 . Fay 407-?7R_()~~J: HI1I1
.
~ ·OC'.~Ø5-95 TJ:-iU. 11 : 42 Ar., r·.. to':".L
-
~.;::_~'B~
~~--- The GREATER
DELRAY BEACH
--' Chamber of Commerce
FAX TRANSMITTAL
DATE: October 5, 1995
TO: Bob Barcinski. Assistant City Manager
City of Delray Beach
FAX NUMBER: 407-243-rH-ó '7 I (p (p
NUMBER OF PAGES INCLUDING THIS PAGE: 3
FROM: Lynn H. Bafaloukos, Events Coordinator
SUBJECT: 8TH ANNUAL HARVEST FEST '95
.................................................................................*..........
Please find attached a copy of the original letter, dated September 13,1995, sent
to the Mayor and City Commission with a copy sent to Mr. Dave Harden, City
Manager.
All the items you had requested that I include in a letter have been addressed
in this original letter with the exception of:
1. have not requested a waiver for alcoholic beverage consumption in
public because it has not yet been confirmed If alcoholic beverages will be
sold. .
2. Port-o-Lets have been secured through a sponsorship with Waste
Management of Palm Beach County.
3. I did not outline who would pay for the barricades, in my ignorance, I
assumed the City owned barricades that the City would use in the street
closings. If this is not the case, I respectfully request the cost be covered
by the City, but the Harvest Fest Commiitee will assume this cost should the
aforementioned not be possible.
I apologize for any mix up in communication regarding this event. Please feel
free to contact me should you have any additional questions.
()[lRAY 8~"CH
Greater Delray Beach Chamber of Commerce, Inc. ~:'4ia'~~
64 S.E. Fifth Avenue, Delray Beach, Florida 33483 AJI-AmemaCIIy
, U I J!
407-278-0424 . Fax 407-278-0555
.
OCT-05-95 THU 11:43 AM
- . --- P.02
-- .. -- - -
'or ~
~:. . ...~~
- The GREATER
---'-- DELRAY BEACH
Chamber of Commerce
September 13, 1995
Mayor and City Commission
City of Delroy Beach
100 NW 1st Avenue
Delroy Beach, FL 33444
Dear Mayor and City Commission:
The Greater Delroy Beach Chamber of Commerce is organizing the 8th Annual
Harvest Fest '95 scheduled to be held on November 11 and 12, 1995. We have
been proud of this event and hope this year to expand It to be a bigger and
better happening in the City. Our intention is to develop the Harvest Fest into an
event as big as the Delroy Affair and to stage it east of the Intracoastal every fall.
To ensure this event's success we ore requesting assistance from the City.
Please consider approval of the following items:
l. Endorsement by the City Commission:
"--- .1
2. Use of public parking facility at Atlantic Avenue and Andrews for
display I logistics stagingl and/or parking:
3. Blocking off Atlantic Avenue from Venetian to AlA. We request City
staff to prepare a detour route and make the necessary application
to Florida Department of Transportation (FOOD:
4. Provide City staff support to the Planning Committee with
representation from Police, Fire, Streets, Engineering, Community
Improvement Parks and City Manager Office:
5. Allow this to be the only Commission approved event during these
two days. Allow all vendor permits to be assigned by the Chamber
of Commerce only;
6. Permission to erect signs promoting the event from October 23
through November 13;
7. Provide limited City staff support during the event for street closing
and maintenance.
.......
OHRAY BEACH
Greater Delray Beach Chamber of Commerce, Inc. ..Â';~
64 S.E. Fifth Avenue, Delray Beach, Florida 33483 All-Amer/c;lC./Iy
'11111'
4n7a"'7~?d. . p~y 4.07-27H-0555
'-"--- I -0:.:.0........ - ="'..... I ........1-' .L.L.;.......... HI"
P _ 1213;
.
8th Annual Harvest Fest '95 - Page 2
',----,
We request the City to shore the cost of these overtime services 50/50 with the
Chamber of Commerce.
We ore aware of the Commission's effort to assist community non-profit
organizations and will attempt to provide these groups with a fund raising
opportunity.
We sincerely appreciate all of the efforts of the City employees and look forward
to a great Harvest Fest in 1995. We hope each of you will be a part of the
festivities.
Yours truly,
.b)~!þ~
William J. Wood
President
WJW:lhb
'---
cc: David Harden, City Manager
'--
.
P.02'
OCT-03-95 TUE 11:49 AM -~._- -
L_ .~
-- - :.
;-- ~
- The GREA.TER
DELRAY BEACH
Cham.ber of Commerce
September 26, 1995
Joe Weldon
Parks & Recreation
100 NW 1st Avenue
Delroy Beach. FL 33444
Dear Mr. Weldon:
The Harvest Fest is scheduled for November 11 & 12. 1995 and this letter will identify the
areas where we respectfully request assistance from your department. We would like
to invite you and/or your delegates to one meeting to discuss coordination of city
services for the Harvest Fest. The meeting will be held, Tuesday, October 3rd beginning
at 2:30 PM at the Chamber of Commerce office.
At this time, we believe this is where we need your help:
.. , Loan of one ciiy stage (covered stage), set up on November 11th between
-- -
(, .', '8:00 a.m. and 10:00 a.m. and removal on November 12th between 5:00
,p.m. qnd 7:00 p.m.; £'~"~
. On site staff for maintenance of areas & trash removal on each day
between 10:00 a.m. and 6:00 p.m. If you approve, we wiUprovìde event
shirts for staff;
.. Use, set up. and removal of picnic tables and trash receptacles;
.. Ufting and moving assistance for set-up and tear down each morning and
evening. One or 1wo people and 0 pick ':-lP truck would be very helpful.
Please call me at 279~ 1382, if you have any questions. I look forward to working with
your staff os I know that they are dependable and always do great work Thank you
for your assistance In this matter. .
cc: Bob Barcinski DfLAAY 8£ACk
Greater Delray Beach Chamber of Commerce, Inc, ~ "i1I~'~
64S.E.FifthAvenl1~ nøl...,...tlM~1. 1":'1_-'~_ "~M~
OK
ffl1
£IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW ] sf A VENUE . DELRA Y BEACH, FLORJDA 33444
FACSIMILE 407 /27,C:·J 755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f lOR J D Ã
-...ed
All-America City MEMORANDUM
, ~ II t! DATE: October 18, 1995
1993 TO: City Commission
~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Occupancy Agreement for the Sandoway House
Attached is a proposed Occupancy Agreement between the City and Officer Pitocchelli.
We have made the changes to the agreement that were discussed by the Commission at the
October 10 meeting. The changes are as follows: changing the agreement from a sublease
to an occupancy agreement; changing the term ITom a one year period to a month to month
period in which the City, if possible, would provide for a 30 day notice of termination to
Officer Pitocchelli; providing a clause that if he would ever leave the employment of the
City the Occupancy Agreement would terminate immediately, and providing that Officer
Pitocchelli will not be able to paint any wooden floors, moldings, doors or other wooden
surfaces.
Since this item will not appear before the County Commission until sometime in December
the County was made aware of the security concerns regarding the House and have no
objections in allowing Officer Pitocchelli to occupy the Sandoway House upon the City's
approval of the Agreement.
By copy of this memorandum to David Harden, City Manager, our office requests the
Occupancy Agreement be placed on the October 24, 1995 agenda.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
~ ,6'-6
lö/aJf /95
*.rbs
® P{/nted on Recycled Paper q.(! .
OCCUPANCY AGREEMENT
TillS OCCUPANCY AGREEMENT IS dated this day of
--
, 1995, by and between the CITY OF DELRA Y BEACH, a Florida
municipal corporation, hereinafter referred to as "Lessee", and GERALD FRANCIS
PITOCCHELLI, JR., hereinafter referred to as "Occupant".
WHEREAS, Palm Beach County, hereinafter referred to as "Owner", owns the subject
property and, pursuant to a Lease Agreement dated July 25, 1995 (Resolution Number R95-
993D) (the "Lease"), leases this property to the City of Del ray Beach, Lessee; and,
WHEREAS, Lessee desires to provide security and maintenance for the subject property;
and,
WHEREAS, the parties recognize that this Agreement is subject to the aforementioned
Lease.
WITNESSETH
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements contained herein, the parties agree as follows:
1. The Lessee hereby agrees to allow the Occupant to use and enjoy the premises
known as the Sandoway House located at 142 South Ocean Boulevard, Delray Beach (the
"Premises ").
2. The term of this Occupancy Agreement shall be on a monthly basis and solely at
the discretion of the Lessee. Lessee may terminate this Occupancy Agreement with or without
cause, upon thirty (30) days written notice to the Occupant from the Lessee, except as may
otherwise by modified herein.
.
3. This Occupancy Agreement shall be terminated immediately if the Occupant ceases
to be employed by the City of Del ray Beach.
4. The Lessee agrees in consideration of allowing the Occupant the use and
enjoyment of the Premises, the Occupant shall occupy the Premises and take all reasonable
security precautions while residing on the Premises.
5. Occupant shall be solely responsible for and promptly pay directly to the utility
company or other provider of such service all charges and assessments for water, gas, electricity,
trash collection, and removal or any other utility used or consumed on the Premises. In no event
shall Lessee be liable for an interruption or failure in the supply of any such utilities to the
Premises.
6. Lessee agrees to perform any maintenance items deemed structural or beyond
customary maintenance on the Premises. Occupant shall perform all regular or customary
maintenance items which shall include but not be limited to lawn maintenance.
7. Occupant agrees to allow the Lessee, or a representative of the Lessee, access,
without prior notice to the property, at all times to inspect the Premises.
8. Occupant agrees to allow the organization referred to as "The Friends of
Sandoway House, Inc." access to the Premises upon reasonable notice in order to facilitate their
funding process.
9. The Occupant understands that upon approval by the Owner, the Lessee intends to
sublease the Premises to "The Friends of Sandoway House, Inc. ", or alternatively to another
sublessee.
2
.
10. If the Lessee enters into a sublease agreement with The Friends of Sandoway
House, Inc., or another sublessee, this Occupancy Agreement shall not in any way prevent the
Lessee from entering into any such agreement. If the Lessee deems it to be in its best interests,
the Lessee shall have the right to terminate this Agreement at any time to accommodate the
intended sublessee or any other sublessee. In this event the City will use its best efforts to give
thirty (30) days notice of termination to the Occupant.
11. Occupant 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. Occupant shall not use, maintain, store or dispose of any contaminants including, but
not limited to, hazardous or toxic substances, chemicals or other agents used or produced in
Occupant's operations on the premises in any manner not permitted by law. All refuse is to be
removed from the Premises at Occupant's sole cost and expense and Occupant will keep such
refuse in proper fireproof containers on the interior of the Premises until removed. Occupant at
his sole cost and expense, will keep the Premises free of rodents, vermin and other pests.
12. Upon termination of this Occupancy Agreement, Occupant shall remove
Occupant's personal property from the Premises and shall surrender the Premises to the Lessee in
the same condition as it existed on the commencement date of this Occupancy Agreement,
reasonable wear and tear excepted.
13. Occupant shall make no alterations, modifications or repairs to the Sandoway
House, regardless of the monetary value, unless approved by the Lessee in writing. Occupant
must obtain permission in writing to do any painting on the Premises and in no event shall any of
the wooden floors, doors, moldings or any other wooden surface be painted.
3
14. Occupant shall not assign, mortgage, pledge or encumber this Occupancy
Agreement in whole or in part, nor sublet all or any portion of the Premises. This Occupancy
Agreement shall not be recorded in the public records.
15. Occupant shall, during the entire term hereof, provide Lessee with a certificate of
insurance evidencing premises liability coverage in the amount of $300,000, with the Lessee and
Palm Beach County, named as additional insureds on the policy.
16. Occupant, in consideration of the payment often dollars ($10.00), receipt of which
is hereby acknowledged, agrees to indemnifY, hold harmless and defend the Lessee and Palm
Beach County, their agents and employees from all suits, actions and claims including attorney's
fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment
of every name and description brought against the Lessee or Owner as a result of loss, damage or
injury to person or property arising trom the Occupancy Agreement.
17. In the event of the occurrence of any fire, flood, hurricane or any Act of God
which shall render the Premises uninhabitable for any period of time this Occupancy Agreement
shall terminate immediately without notice.
18. The consent of the Lessee to allow the Occupant the use and enjoyment of the
Premises shall in no way constitute the relationship oflandlord and tenant between the parties, nor
shall such possession by the Occupant create any special equities in the Occupant or rights greater
than those set forth under the terms and conditions of this Occupancy Agreement.
19. Any consents, approvals and permissions by the Lessee shall be effective and valid
only if in writing and any notice by either party to the other shall be in writing and mailed prepaid
by certified mail return receipt requested, addressed:
4
.
To Lessee:
City of Del ray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
To Occupant:
Gerald Francis Pitocchelli, Jr.
Delray Beach Police Department
300 W. Atlantic Avenue
Delray Beach, FL 33444
or at such address as the Lessee or the Occupant, respectively, may designate in writing. All
notices given hereunder shall be effective and deemed to have been duly given only upon receipt
by the party to which notice is being given, said receipt being deemed to have occurred upon such
date as the postal authorities shall show the notice to have been delivered, refused, or
undeliverable, as evidenced by the return receipt.
20. The Occupant shall be governed by and abide by all the terms and conditions
contained in the Lease between the City of Delray Beach and Palm Beach County for the
Premises.
21. This Occupancy Agreement shall have no effect upon the City's duties and
obligations to the County in accordance with the terms of the Lease. Occupant acknowledges
that all terms and conditions of this Agreement are subordinate to the Lease between the Lessee
and Palm Beach County and that the Lessee's leasehold interest in the Premises is by virtue of said
Lease. This Agreement and all rights and obligations of the parties hereunder shall be contingent
upon the written consent of the Palm Beach County Board of County Commissioners. Occupant
5
.
· .
covenants and agrees to comply with each and every term, covenant, condition, rule and
regulation of the Lessee to be performed under the Lease.
22. This Occupancy Agreement shall be governed by and interpreted according to the
laws of the State of Florida and venue shall be in Palm Beach County.
IN WITNESS WIffiREOF, the parties hereto have duly executed this Occupancy
Agreement as of the day and year first above written.
OCCUPANT: WITNESSES:
Gerald Francis Pitocchelli, Jr.
(Print or Type Name)
(Print or Type Name)
LESSEE:
ATTEST: CITY OF DELRA Y BEACH
By: By:
City Clerk Mayor
Approved As to Legal Form
And Sufficiency
By:
City Attorney
sand l.Iea
6
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trJV1
SUBJECT: AGENDA ITEM # gO - MEETING OF OCTOBER 24, 1995
OPENING THE THIRD LANE ON THE LINTON BOULEVARD BRIDGE
DATE: OCTOBER 20, 1995
This is before the Commission to consider requesting Palm Beach
County to remove the concrete barriers on the Linton Boulevard
bridge ramps and to open the bridge to its full three lane
potential in both directions.
At the time the Linton bridge over the Intracoastal Waterway was
being built, there was strenuous opposition to the bridge by a
group of people who believed it would increase traffic on A-1-A
and destroy the neighborhood. When it was discovered the bridge
was to be three lanes in each direction opposition was increased,
and the DOT agreed to put in barriers to reduce the bridge to two
lanes in each direction.
In the attached copy of a FAX from Mayor Arlin Voress of Highland
Beach to Mayor Lynch, he stated his belief that the bridge should
be open to its full three lane potential. Traffic sometimes
backs up in both directions when the bridge is raised, often
blocking A-l-A completely. He stated that the west bound traffic
pattern on the east side of the bridge would be improved, and he
made several recommendations to facilitate traffic movement on
both the east and west sides of the bridge. The ongoing repair
of the bridge at this time presents a good opportunity to improve
the flow of traffic across the bridge.
Recommend pursuing the matter with the Palm Beach County
Commission and wi th the Florida Department of Transportation to
remove the barricades and fully open the Linton Boulevard bridge
over the Intracoastal Waterway.
ý}? øI;;m & ~
5-0
THU 12: 14 FAX 1 407 ;::ö5 ;}::>I'j~ n.l \,:¡:nL!\.l'lU D\__'.u
10/12/95
To, Tom Lynch Mayor Delray Beach
Tom:
Confirming our conversations yesterday (10/1 1/(5) at the Municipal League Board
meeting, enclosed is a letter from one of our town residents, Jim Schubert, concerning the
Linton Blvd. Intracoastal bridge. { have no reason to believe that he is not correct re the
history of the bridge. to opposition to its construction, and the compromise to block off
one lane making it 2 lanes trom its 3 lane design and construction.
I looked at the barriers a couple of days ago and confimled that ìt is 3 lanes in both
directions. On the surface, it seems to me that the bridge should be opened to its filiI 3
Jane potentìal which would make Linton 3 lanes in both directions to A 1 A. On the west
side of the bridge I can see no problems. On the east side, the west bound traffic pattern
would be improved; the east bound traffic could have the left lane marked turn right to
Al A south where much traffic now goes, the center could be marked straight to the
Colony facilities directly east of the AlA intersection, and the left lane marked turn Icft to
north A1 A. I would appreciate your consideration of the matter, and if your City and our
T own agree, we perhaps could pursue the matter wíth :M:ary McCarty and the DOT to get
the changes made when the bridge reopens.
r have sent a copy of this letter to both Dave and Mary Ann. Let me know if you
have any questions.
Arlin
.
HIGHLAND BCH f4¡003
)..0/12/95 THe 12:15 FAX 1 40i 265 3582
October 8, 199.5
Mayor Arlin Voress
Highland Beach, Florida )J487
Dear Mayor Voress,
The ongoing repair of the Linton Boulevard bridge presents
a good opportunity to correct an expediant political decision
which was made at the time the bridge was built. I refer to
the concrete barriers on the bridge ramps which narrow the bridge
from 3 lanes each way to 2 lanes each way.
You may be familiar with how those barriers got there, but
I will describe it as I recall it, At the time the bridge was
proposed a small, vocal group opposed any bridge at all, claiming
it would increase traffic on A-l-A, destroy the neighborhood,
e tc ., e to . When it was discovered the bridge was to be 3 lanes
each way, they increased their opposition until the D.O.T., to
mollify them, agreed to put on the barriers to red~ce the bridge
to 2 lanes each way. Today, I am sure, if someone proposed
eliminating the bridge, those same objectors to its construction
would lead the opposition to its closing.
The barriers, however, are still there and during the
season, traffic sometimes backs up all the way across the bridge
Eastbound just for the stoplight and when the bridge is up, car&
waiting for the bridge block A-l-A completely. Removing the
barriers should help quite a bit, especially Westbound when the
bridge is up.
Right nOw during repair, the barriers are a big problem.
Wi th 2 way traffic on one side of the bridge wi thE·,the barriers
in place, the lanes are to narrow and cars are hitting the dividers.
If the Barriers were removed there would 'Qe plenty' of room. What ,-
better time to do this than when we really need the room.
I am writing to you with this suggestion in the hope that
you will agree and contact the Mayor of Delray Beach. As an
individual, I donit think I would ,get very far. but if you and
the Mayor of Delray BeaCh pushed it, I am sure the barriers could
be removed with little or no opposition and a sigh of relief
from many. In fact, if they were removed from the closed Eastbound
lanes, rim sure no one would even notice.
Sincerely, -
/¿.-- ?n - ~U~
0ames M. SChube;;
2454 South Ocean Blvd.
Highland Beach, FL 33487
(4-07) 278-1238
.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f!It1.
SUBJECT: AGENDA ITEM # C¡£ - MEETING OF OCTOBER 24, 1995
APPLICATION FOR LANDSCAPING OF THE 1-95 SOUND BARRIER
WALLS
DATE: OCTOBER 20, 1995
This is before the Commission to consider filing an application
for landscaping of the City's 1-95 Sound Barrier Walls. The City
had initially made a request for landscaping to the Florida
Department of Transportation, which responded that we needed to
make the request to the Metropolitan Planning Organization. We
learned, however, that the MPO Enhancement Project is already
programmed through the year 2001.
Mr. Randy Whitfield, Director of the MPO, felt a formal request
to the MPO might encourage the Florida Department of Transpor-
tation to fund the landscaping for the sound barrier walls as a
separate project, instead of waiting until 2001; but there are no
guarantees.
If the Commission prefers not to wait five years for eligibility
through the MPO, we could apply through Beautiful Palm Beaches,
Inc. for next year's grant application. This would require a
City Commitment for matching funds in FY 1996-97.
Request authorization to make formal application to the
Metropolitan Planning Organization's Enhancement Project for
landscaping of the sound barrier walls along 1-95, which would
take place some time after 2001, or application for matching
funds through Beautiful Palm Beaches, Inc. in 1996-97.
lfì1 CJtûm édap¡;Lt¡þ kt/;
$-0
~~IB~OY)~
~~rY-iL~~rl
tm~~~-
. Il/}..l ~v~ç:),--
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: LANDSCAPING 1-95 SOUND BARRIER WALLS
DATE: OCTOBER 10, 1995
Several months ago the City made a request to the Florida Department of
Transportation to provide landscaping along the sound barrier wall recently
erected along 1-95 as it runs through Delray Beach. D.O.T. responded that we
needed to make the request to the Metropolitan Planning Organization.
I contacted Randy Whitfield, Director of the M.P.O. to find out how this
request was to be made. Mr. Whitfield indicated we needed to send a letter
to the M.P.O. to make a formal request for the improvements. Unfortunately,
this request would be funded through the M.P.O. 's Enhancement Projects which
are already programmed through the year 2001.
If the City does not want to wait 5 years for the landscaping along the
wall, we could also apply though Beautiful Palm Beaches, Inc. for next years
grant application. This would require the City to have 50% of the funding
allocated in the '96-'97 budget. I had already planned to apply through
Beautiful Palm Beaches, Inc. for additional funds for Lake Ida Road.
There is nothing to prevent us from applying for more than one project. In
this instance Lake Ida would be applied for through the funding provided by
Palm Beach CountYJand the landscaping for the sound wall would be applied
for through the funding allocated by the State.
Mr. Whitfield seemed to think the letter would also serve to put some
pressure on the D.O.T. to fund the landscaping, in general, for the sound
wall, as a separate project.
I have attached for your signature a letter to the M.P.O. making a formal
request for the landscaping of the sound wall. Please advise if you want to
consider applying through Beautiful Palm Beaches Inc., next year.
.
(!L-! ~~ &/2.3 n-
o £~~ tï·
~
FLORIDA DEPARTMENT OF TRANSPORT A TION
LA WTON CHI LES DISTRICT MAINTENANCE - DISTRICT 4 BEN G. WA1TS
GOVERNOR 3400 We.t Commerci.1 Boule~..J, "Fort uude..J.le, ¡::¡orid. 33309-3421 SECRETARY
l' elephone: (305) 777 -4']¡X) Fax: (305) 777-4223
RECEiVED
August 17, 1995 AUG 2 1 1995
CITY MM' ~ ~ -,.,'~ nFFICE
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden: .
~
RE: Landscaping at Sound Walls in Delray Beach
Mr. Chesser has asked me to respond to your letter of August 2, 1995 regarding landscaping at the
sound barrier walls in the Delray Beach area.
These walls were constructed without including landscaping. I believe that Ms. Davila may have
misunderstood her conversation with Carl Higgins in regards to future landscaping at these areas.
Unless the landscaping is included in the construction plans, this type of activity must then be
separately funded. I have checked with Jim Wolf of our Planning and Programs Office; and, at this
time, there is no landscaping that has been identified for these wall areas.
If the City of Delray Beach wishes to have a landscaping project added to the Department's work
program, it should be pursued through the Metropolitan Planning Organization.
If you need any further assistance, please contact Mr. Carl Higgins of my staff Mr. Higgins can be
reached at (305) 777-4219.
Sincerely, ;/
~//
e J. Yocca, P.E. w1~
istrict Maintenance Engineer
AJY/chb
cc: Rick Chesser, P.E., District Secretary, FDOT
Carl Higgins, ASLA, FDOT
File #1329 RECEIVED"l
LL95-372
AUG 2 5 1995 !
¡
ADMINISTRATION:
r:-..
.
Of(
trH
[IT' DF DELIA' IEA[H
DElRA Y BEACH
f l 0 " 0 A
tdtd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII·America City
, III I! MEMORANDUM
1993
TO: David T. Harden, City Manager ~
FROM: ~ Robert A. Barcinski, Assistant City Manager
1-/ ~øÞlpA
DATE: October 20, 1995 (ß/t· J ~EfT11 f1CI )
Agenda Item-:J:t-c¡ ¡:
City Commission Meeting
SUBJECT: Benevolent and Charitable Contributions for Fiscal 1996
Action
City Commission is requested to consider approval of staff recommendations for funding
allocation for Benevolent and Charitable Groups from the Special Events and Grants
accounts.
Back2round
At your workshop last week, City Commission requested additional information about
services provided to Delray Beach by the Urban League.
Attached please find copies of the monthly activity reports as submitted by the Urban
League for the months of October 1994 through September 1995.
The number of households serviced, along with the type of service received, are
summarized on each report. The reports indicated that an average of twelve (12) families
from Delray Beach were assisted monthly, mainly in the area of Housing Counseling.
Only five (5) households received weatherization assistance, four of which were referrals
to the weatherization program. One did not qualify.
The Urban League is programmed to receive $12,000.00 in fiscal year 1996 from our
CDBG program. Based on additional review of the reports submitted, staff still
recommends $0 funding for the Urban League from general fund revenues.
@ Prínted on Recycled paper THE EFFORT ALWAYS MATTERS
.
Recommendation
Consider approval of staff's recommendation dated 10/9/95 for funding of Charitable and
Benevolent groups £rom the Special Events and Grant accounts for fiscal 1996.
RAB/aga
.
oK
, ~
RECEIVED
£ITY DF DELRRY BEA[H OCT - 9 1995
DELRA Y BEACH CITY Mð~:.·r-"'·~ I'ItFlCi:
, to. I 0 ...
taed 100 tn,v 1s: AVENUE· DELRAY BEACh FLORiD/-· 33444 . 4C7 2~2-7CC'O
All-AmerIca City
'1111' MEMORANDUM
1993
DATE: October 9, 1995
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Benevolent and Charitable Contributions for Fiscal 1996
A committee consisting of Lula Butler, Major Lincoln, Joe Dragon, and myself, reviewed the
requests for City funding for Benevolent and Charitable groups for fiscal year 1996. Our review
was divided into two (2) sections, those groups receiving dollars from the City Commission
Special Events account and those that would receive funds from the Miscellaneous Grants
account General Fund. Our recommendations are contained herein.
I. Special Events Account
The Committee set a policy that if an organization did not submit a request for funding, they
were automatically removed from recommendation. We then reviewed those removed and
looked at their need impact and other funding sources. Added to the original proposal was
funding for Fotofusion $6,000 based on City Commission's commitment and $500 for the Unity
Club. Funding for school patrol trips was reduced to $500 per school, per request. A detailed
summary of our recommendations is attached as Exhibit A.
II. Miscellaneous Grant Account - General Fund
Total funding requests from this source amounted to $320,088 and total funds available in this
account are $192,500. Two program requests, Boys & Girls Club and Pineapple Grove are
recommended at full funding due to previous commitments. Due to the limited resources, i.e.
less than fiscal year 1995 funding, it was the consensus of the committee not to fund new
requests this year. In reviewing these new requests, we did analyze their programs and needs and
are making the following recommendations/referrals.
@ ."--0'&: Q- A"·..,~, "a.:·.o- THE E ;:FO=:T A,-w¡:.y,:;~ M ¡-\7TERS WS.:z,
,
David T. Harden
Benevolent & Charitable Contributions
Page Two
Wayside House - This request is being forwarded to Dorothy Ellington for consideration
of HOWPA funding. This program is eligible for this Federal funding source.
Children's Case Manaiement OI:ianization - This request is eligible for funding from the
Housing Authority and is being referred to them.
The Community Food Pantt:y - This request was analyzed and was determined to be
offset church expenses related to this program. We are recommending that other
churches be asked to help support this program.
One program funded in the past, Urban League of Palm Beach County, was recommended for $0
funding. This is due to the fact that this program will receive $12,000 in fiscal year 1996 from
the CDBG program and that the level of service provided in Delray Beach was not significant in
terms of dollars requested. Reports reflect only four (4) families have been served per month
over the last year.
Recommendations for other requests were based on previous years funding, other funding
sources, private contributions, service levels, need and matching dollar requirements.
Increases over fiscal year 1995 funding levels are recommended as follows:
Aid to Victims of Domestic Assault - due to their need and service level provided.
School District of Palm Beach County Child Care Proiram - due to matching dollars
provided which will help assist additional children.
The Association for Retarded Citizens - due to their financial need and services provided
to Delray Citizens and matching funds based on City contribution.
A decrease from last years funding level was recommended for Hospice By the Sea due to their
high level of funding sources and large fund balance.
If you have any questions, please contact me.
RAB/mld
cc: Lula Butler, Director of Community Improvement
Major Lincoln, Field Operations - Police Department
Joe Dragon, Assistant Director of Parks & Recreation
EXHIBIT B
General Fund
FY 1995-1996
FY96 FY96
Amount Amount 1995 1994 1993
Agency Requested Recommended Funding Funding Funding
Aid to Victims of Domestic Assault $35,000 $17,800 $15,000 $15,000 $15,000
Alzheimer's Association $10,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000
Boys & Girls Club of Palm Beach Co. $51,200 $51,200 $51,200 $51,150 -0-
Children's Case Management
Organization $26,565 -0- -0- -0- -0-
Community Child Care Center of
Delray Beach $30,000 $30,000 $30,000 $30,000 $30,000
Deaf Service Center $ 7,000 $ 6,000 $ 6,000 $ 6,000 $ 4,000
Drug Abuse Foundation $30,000 $20,000 $20,000 $20,000 $20,000
Hospice by the Sea $15,288 $ 2,500 $ 7,500 $ 7,500 $ 7,500
Mae V olen Senior Center $ 5,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000
Pineapple Grove Main St.
(3 year commitment) $30,000 $30,000 $30,000 -0- -0-
School District of Palm Beach County $32,855 $28,000 $26,970 $30,820 $37,209
The Association of Retarded Citizens
(ARC) . $ 5,200 $ 3,000 $ 1,000 -0- -0-
The Community Food Pantry $ 5,000 -0- -0- -0- -0-
Urban League of Palm Beach County $30,000 -0- $15,000 -0- -0-
Wayside House $ 6,980 -0- -0- -0- -0-
TOTAL $320,088 $192,500 $206,670 $164,470 $117,709
.
EXHIBIT A
I. Special Events
Proposed Requested Recommended
Organization FY 1996 FY 1996 FY96
Atlantic High School Eagelettes $ 500 -0- -0-
Boat Parade $ 3,000 -0- -0-
Christmas Parade $ 3,000 $ 3,000 $ 3,000
Contingency -0- -0- $ 1,250
Education Expo $ 2,000 $ 2,000 $ 2,000
Fotofusion -0- $ 6,000 $ 6,000
Fourth of July Celebration $ 8,000 $ 8,000 $ 8,000
High School Band $ 250 -0- -0-
Hope for Haiti -0- $ 1,250 -0-
MADDADS $ 3,000 -0- -0-
Martin Luther King Celebration $ 300 $ 300 $ 300
Project Graduation $ 500 -0- -0-
Roots Festival $ 2,000 $ 2,000 $ 2,000
Safety Patrol Trips $ 1,500 $ 1,500 $ 1,000
Sister Cities Committee $ 2,000 $ 2,000 $ 2,000
Sunshine Tennis Cup $15,000 $15,000 $15,000
Unity Club -0- $ 3,500 $ 500
TOTAL $41,050 $44,550 $41,050
Memorandum
To: Robert Barcinski, Asst. City Manager ~
From: Lula C. Butler, Director, Community Improvement
Date: October 20, 1995
Subject: Urban League Monthly Activity
Attached, please find copies of the monthly activity reports as submitted by Urban League
staff for the months of October, 1994 through September, 1995. The number of households
assisted along with the type of program services rendered are detailed on each report. You
will also find narrative summary of the client's problem and action taken by Urban League
staff beginning with the March report. Total clients represents the total number of persons
per household.
The Urban league received $30,000 from the City of Delray Beach for Fiscal Year 1994-95
(shared equally between CDBG and General Revenue dollars). The monthly reports
indicate that an average of twelve (12) families from Delray Beach were assisted monthly,
mostly in the area of Housing Counseling. The monthly summaries are as follows:
Program Month Number of Families Assisted
10/94 4
11/94 16
12/94 41
01195 8
02/95 7
03/95 6
04/95 10
05/95 8
06/95 12
07/95 12
08/95 6
09/95 10
142
Please feel free to contact me should you require additional information or if you have any
questions regarding this matter.
.
, \ ¡
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URBAN LEAGUE OF PALM BEACH COUNTY, INC. ~?
1700 North Australian Avenue \ t
West Palm Beach, Florida 33407 tJ
(407) 833-1461
FAX (407) 833-6050
<"
To: Dorothy Ellington November 23, 1994
CD Coordinator
100 N.W. 1st Ave.
Delray Beach, FI 33444
¥A{f~i?i&iJJ:'Y~~rt}¡¿~àfŠ£;1~J~:A'{'···.~"~;4»
From: Leroy Harri son ". r¡ø<4l<~ø"'" ,.;",;;;~;\<
" "3L¡"
The -fol wing
provide -from
:/!
;t~
PROGRA~ FAMILIES
~;
't¥.,"
Housing Couns~ling 4
'qJ;
"\
Weatherization "~~
-"'1tl~\
Voters Regi strati ah5\, .¡;"
"r;;s;~,-:=,.~¡¡è -
Total ~~mìt-''''~'1! 4
~2&-~ I RECEIVED
i
Leroy arrison f!"'1 2 8 199\
.
, .9q~MUN\"Yg?,{0Lº~!i.~~~::"~JJ
BUILDING FOR EQUAL OPPORTUNITY
Serving all of Palm Beach County to
Member Agency United Way
.
,
.
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)
URBAN LEAGUE OF PALM BEACH COUNTY, INC.
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax (407) 833-6050
To: Dorothy Ell i ngton December 21, 199/!,
CD Coordinator
100 N.W. 1st Ave.
Delray Beach~ Fl 33444 ~
From: Leroy Harrison
{-'
. Subject: Monthly Report
The following is a statistical breakdown of services
provided from November 01 to November 30, 1994.
PROGRAM TOTAL CLIENTS FAMILIES
-----._--- -
Housi ng Coun~.;eJ i ng 26 "7
Thanksgiving Baskets 23 9
Weatherization
Voters Registr~tion
- -
r·~)tdl 49 L~
\'--",,:¡ECEIVED r
, iJ~ \ DEC27199lt \
I- ¿n-ri son : ./11 .......:"', "",-' rCI (".p~\r.;-"'"
-'''-,'i'.~''' I ", - ..
,io:
: '1/111') . 5f<YÁ wi U-diM" kø-cr. Mf!&:~
0J1á. clJJ d £" n'\ , UJ.J1 ~ .
::.' Þ/v){]o..J &1.b\~~1>QI(~ ~od þ {Ú , -
\ "BUILDING FOR ~QU^L OPPORT~NITY" oct . 8\
Serving all of Palm Beach County D ..,
Unlt;ed w.y
or f'3lm Heatll CO<Jnr,
.
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(,8-
URBAN LEAGUE OF PALM BEACrlJ COUNTY, INC.
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax (407) 833-6050
To: Dorothy Ellington January 4. 1995
CD Coordinator
100 N.W. 1st Ave.
Delray Beach, FI 33444 L
From: Leroy Harrison
.. . "."''''''' "'Õf' ....,...,.;¡¡ .... '" -.. D
' ; . ,," :'. < L,,:. ",' 01 ¡ ;1..
',. ~; Þ._·fJt~'O~ Y C
,1"
.~ ! ~ ", - 'i '00\
~::; Subject:: Monthly Heport: .' ,., t
¿,:
i
" , GOMMUY\';n' r",:':~! C>;"U",' 1
The fall Clwi n9 is a stati s'Ì: i ël\r^'bì;"'~ëJð\òln' of serv:i.tes
¡ provided from December 01 ~:~) December 31. 1994.
\ PROGRm1 TOT~%L CLIENTS ¡::-AMILIEf:ì
.-..__.~_._---- -- - .---. ----....---.
Hou~;i"1;} Counsel i n9 24 8
~. ' C!.d.stmi?:s Dinners 18 J.B
:*
¡;.
I,:· Fnn.# ':'1" l:t CP..·t,!·.l:.1 r---tee. r:;8 1"'"
:. .'.~ __ ,,",t_" 0"'1- .._It.: ._ ___ c,.-( ~~....I> .;......J
.\:.
7 Weatherization
f Voters Registr~tion
;¡;,
~,
. ---- ----
j~'..'
. ...r
1~~··
.;~-
t Total 100 41
~;i';,
Si;,
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h1{~:"
''¥.~':' /
ß1} ,//( ,-' " , I.. L " . ..~ .._~~~~
:"~;};" /' I. .-
:i;~.: '- Lero'f H~ T i sÖn
·(~r *
'Mk
/:1}7:
".ç~- ,
l~;:' 'e
J;,~, "ßUILDI~G FOR EQUAL OPPORTUNITY" j :Y
~~~; Serving all of Palm ßeach County Unll:ltdw.¡,
':f~~," , : at f'¡tm flea," Counlt
\;~:~~-t,,>,
.
-:
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To: Dorothy Ellington February 10, 1995
CD Coordinator
100 N.W. 1st Ave.
Delray Beach, Fl 33444
,-
From: Leroy Harrison
Subject: Monthly Report
The following is a statistical breakdown of services
provided from January 01 to January 31, 1995.
PROGRAM TOTAL CLIENTS FAMILIES
Housing Counseling 21 6
Telephone Counseling 5 2
Weatherization
Voters Registration
---- ----
Total 26 8
..~--~-- ---..--------...,
,
~ ~ I
.:..-~ ,~-::,'":' "'.~-;. ~ -,8' (.~,.,... ~J
Fé3 1 3 -18g5
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URBAN LEAGUE OF PALM BEACH COUNTY, INC.
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 . Fax(407)833-6050
To: Dorothy Ellington March 7, 1995
CD Coordinator
100 N.W. 1st Ave.
Delray Beach, FI 33444 ..
From: Gerri Hudson
Subject: Monthly Report
The following is a statistical breakdown of services
provided from February 01 to February 28, 1995.
PROGRAM TOTAL CLIENTS FAMILIES
Housing Counseling 18 6
Legal Referral 3 1
Telephone Counseling ** 1 ** 1
Weatherization
Voters Registration
---- ----
Total 21 7
NOTE: "**" family counted in housing counseling.
~~~
Gerri Hudson
*
"BUILDING FOR EQUAL OPPORTUNITY" 'e
Serving all of Palm ßeach County
Unl_ \MI
Qt ,~ {Hatll C,..n(~
.
.
'. ;
( ( µ)~
April 10, 1995 fý'Ý
To: Dorothy Ellington <.'
CD Coordinator
100 N.W. 1st Ave.
Delray Beach, Fl 33444
From: Gerri Hudson
Subject: Monthly Report
The following is a statistical breakdown of services
provided from March 01 to March 31, 1995.
PROGRAM TOTAL CLIENTS FAMILIES
Housing Counseling 28 6
---- ----
Total 28 6
Gerri Hudson
. ,~. ___~";"'""'"~-:":':'.---~:--"'~-' ~ ~_~_~ _.~_ _ c·
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.
CLIENT DETAIL DATA
CLIENT ONE received a Cow- t Dr-der D-day) Eviction Notice
Client recei VE~ SSI income.
Five unemployed adults addressed in notice.
Two small children 1 i ve in residence. cÚ ent
had been giving his share of rent to his
brothE~r (landlord's biological son) who has
a legal dispute with landlord. Client advised
to move, given available housing 1 i !;t and
RESIDENTIAL TENANTS: A Guide brochure.
Total household = 7.
CLIENT TWO ¡r'ecei ved a Court Order Eviction Notice and
~\ as due for Cour- t Hearing in a fel-'J hours.
Due to recent illness, client I-'Jas unemp 1 oyed
hOl-'Jever, I-'Jhen wOI'-k i ng, income is pr-imarily
from commiss;ion. Client stat.es average $2K mont.h.
A legal disput.e wit.h landlord, the client wanted
assu¡r'anCE! of he¡r' t-ights. Client advised to move,
given available housing 1 i st and HESIDENTIAL
TENANTS: A Guide brochure. Client won case,
and "'Joul d move within t "'Jo-wee k s .
Total household = 4.
CLIENT THREE received financial assi stance I-'Ji th dE~faul ted
t-ent and given BESIDENTIAL TENANTS: A Guide
bl~ochure .
Total household .,.. 1.
CLIENT FOUR r-equested financial assistance ~'JÌ t 1'1 defaulted
t-'ent, given BESIDENTIAL TENANTS: A Guide
brochure, and requested Urban League rental
documentat i cm be returned in ordet- to process
r-equest. Paperwork not returned I-'Jithin 60-days.
Client i nfonnE~d, C ë~se closed for lack of docu-
ment.a,tion.
Total household ::::: ~5.
CLIENT FIVE r-f?quE~sted HUD application for defaulted mor-tgage.
¡:.ipplicat.ion -¡as been pl~ocessed . HUD is a~o. aiting
documentc'":\t ion f I~om 1"10rtgagor. Case pending...
Total hou!:iehol d = 9.
CLIENT SIX rf2quested HUD application for defaulted mOI~tgage.
Application has been processed and denied. Bec:,:\use
of language barriers, client has received additional
¿:¡s'5i !5t,::\nC('2 '¡-J:i. th negotiati(Jns of other finëmc:ìal
s.OU.I"'c:es. The client. ~;tates t.hat she does not wr- i t e
nOI'" I" e ,3 cI E I"'II,J 1 :i, !:.¡ h .
'Tot ¿':i. 1 hc:;u~:;E>hCil d ..... iL
NOTE: Client names omitted due to confidentiality.
.
.
, \ {
. ,
URBAN LEAGUE OF PALM BEACH COUNTY, INC.
f 1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax (407) 833-6050
301 s. W. 14th Avenue
Delray Beach, Florida 33444
May 4, 1995
<.
DOrothy Ellington, Coot-di nator
Housing and Community Development
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Dear Dorothy Ellington:
Enclosed you will find Grantee Performance Report and a Client
Detail Report.
Listed below is a statistical breakdown of services provided
from 04/01 through 04/30/95 by our office in Delray Beach.
PROGRAM TOTAL CLIENTS FAMILIES
--
\
Housing Counseling 27 7
Telephone Counseling 9 .,
.....
Voters Registration ** 4 ..
.i.
l'Jeatheri zati on '7 1
oJ
---- ----
Total 39 10
Let me know if you need additional information.
p~
Get-r i Hudson
South County Coordinator
Enclosures: oJ
*'
"BUILDING FOR EQUAL OPPORTUNITY" '0
Serving all of Palm Beach County
United w.w
or~I",f: eatflCOllnl,
·
,) (~ (
I CLIENT DETAIL DATA
CLIENT ONE received a Court Ordel~ Eviction Notice from HUD.
This client did not understand HUD's generic
letter. Upon contact with HUD (in Miami) Urban
League was i nfcw'med t.hat client has been 1 i vi ng
rent and mortgage free for approximately one
yeé~l~ . Client advised to move, given available
housing 1 i st and a copy of RESIDENTIAL
TENANTS: A Guide brochure.
Total household = 3. '- ".
CLIENT TWO received a Court Order Eviction Notice and
Due to a spouse's complicated illness, there
has been a change in income. Spouse has been
approved SSI benefits - check is due soon. This
has been approved for financial assistance with
rent. Landlord Was contacted and eviction stopped.
Client given a copy of RESIDENTIAL TENANTS:
A Guide brochure. Client also submitted a
FLORIDA REGISTRATION APPLICATION.
Total household == 4.
CLIENT THREE received incomplete HUD 312 services. Research
is underway for appropriate steps to be taken to
correct PBC Rehab errors.
Total household == 2.
CLIENT FOUR requested assistance with broken windows and doors
and possibly a ramp for disabled client. Case
rE~ferred to the Urban League's Weatherization
F'rogr'am.
Total househol (j ::::: 3..
CL lENT F I\.JE r-equested advi ce \.-'Ji th a AFDC/ Food Stamp Hearing.
Client states children father has never 1 i ve up
commitment documented by HRS. Cl i ent. al so toclk
advantage of Urban Leagues Employment services.
Total hOLlsehol d ;:'.:: 4.
CLIENT SIX requested advise and assistance with housing. Urban
League contacted Housing Authority agency on enroll-
ment status, and was directed to another ~~ubsi d i zed
!'îoLlsi ng agency. Client. given an appointment with
agencies and housing list.
Total household == 1.
I (' (
Page 2 CLIENT DETAIL DATA
CLIENT SEVEN TELEF'HOI\lE about needing a job and po~;sibly ¿:I bike
to get to and fr-om vJot--k. Client is on parolle and
felt his initial job (i n <:3_ bar-) ~'JC) ul d lead him into
tr-oubl (~. The client's second TELEPHONE call i nfclrmed
of possible construction job with a ride to the site
if 11e had basi c tool Si. Client requested hammer~ nail
apron~ speed squal~e and tape measure. Urban League
contacted other- agencies (to no avail) to a!5si st.
Urban League purchased items and client started
.-
construction work the foIl owi n(:;) t1onday.
Total household == 1-
CLIENT EIGHT TELEPHONE for directions for medical assistance. Urban
LeagUf:? di rected client to HRS -for Medicade services.
Total 110USf?hol d ::: 8.
CLIENT NINE HUD assignment application follow up. HUD awaits
requested package from mortgagor. Client is advised
to save mortgage payment monies.
Total household == 9.
CLIENT TEN HUD r-ej ected assignment. Counseling client on other
agenCif?S for financial assistance. Client. advised
to save towards foreclosure mortgage payment or
seek alt.ernat.ive housing.
Tot.al household == 4.
NOTE: Client names omitted due to confidentiality.
.
,
( ('
URBAN LEAGUE OF PALM BEACH COUNTY, INC. m
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax(407)833-60S0
301 S. lIJ . 14th Avenue
Delray Beach, Florida 33444
June 5, 1995
I,
i RECel\' ..:~:~?;/
!
I
Dorothy Ellington, Coordinator )
1 .,~.
Housing and Community Development ",'~, )"""c' I
100 N. l1J . 1st Avenue JUN - 7 19St; I
Delray Beach, Florida 33444
i
.'~~. ¡ ·J"AIjN ,
Dear Dorothy Ellington: .:_:'\~,;,,,_JT'( OEVËLO,',
---..c.... r-' .
Enclosed you will find the following reports:
1. Grantee Performance
"'"' Client Detail
.0::..
3. Program Statistics
4. Employee Time sheets
Listed below is a statistical breakdown of services provided
from 05/01 through 05/31/95 by our office for Delray Beach.
PROGRAM TOTAL CLIENTS FAMILIES
Housing Counseling 22 -=
..J
Telephone Counseling 7 2
Weatherization 1 1
---- ----
Total 30 8
Let me know if you need additional information.
,/'
Gerri Hudson
South County Coordinator *'
Enclosures:
"BUILDING FOR EQUAL OPPORTUNITY" ,_
Serving all of Palm ßeach County
Unl"-dw.w
l)(f~«IaQ,IICooM.
.
( (
CLIENT DETAIL DATA
CLIENT ONE Client r-ecۆ ved landlord's Eviction Not.ice -for'
t. hl~ e£~-mc¡n t. h r·ent. del i nquE~nci ~·Jh i ch CJcc:ur"f'"'ed
after- the client. had had a h E?ar" t attack and
surl~ef'"'Y in July. The client r"E~tur-ned t Ci ~"¡Ol~ k
in October. The 1 and 1 or-cj t r" i ed t CJ wor" k ~\li th
her" but she nE~ver seem t.o havE~ enCiugh t.Ci mana(Je
to come fl~om behind. l·Je are \.-Jorking \.-J i t..h both
client and I and I of'"'d ~..¡i th a case management pI i:ln .
Client was given a copy of RESIDENTIAL
TENANTS: A Guide brochure.
Total household = 2.
CLIENT TWO This client recej. ved verbal eviction notice.
This mobile residence is under the Motel/Hotel
St.atu€~s and legally corTec:t. ThE> landlord
refused to complete paperwork needed to process
client for roent assistance. Client I~ef erred
to other agenci es.
Client given a copy of F~ES I DENT I AL TENANTS:
A Guide brochure.
Total household - .
- 0..)"
CL I E!\IT THREE This; client.'s initial call few' financial rent
assi stance \.-Jas referred t.o CRISIS LINE. Client
found an agency that r€~ql.J.estec:1 a ~"'¡I'" i tten re'ferTal
from the Urban League. L<Je i nter-vi e~'\led the client,
c:cH1tacted the landlcn-d and t.hE~ agency requesting
a referral (a private instit.ution), and completed
p ¿:\per- ~4JClt- k Ileed tCl <::IEi~ii st thE': c: 1 i ent with another'-'
agency.
Total housf-1hol d == 6.
CL I ENT FOUF~ Client telephoned - living in Housing Author-j. ty
needed (Jui (jance wi th hospital bill. Advised
Client to contact the DIRECTOR (who should be
made aware of on si t.e prob I ('Õ?msi) and she might
al so recE·?i ve finance assistance ~"Ji th bill. She
should not go t.o Le(Jal ~;er\/i ce!:-3 until HA had
been i nf Ot- med o·t incident.
Total housiellol d == 4.
CLIENT ,=. I 'VE Client t:€~l ephoned - from a home ShE?l ter- bec:ause
!~ihe W¿IS~ runnin9 from an abusi \/f? home. Client
concel~ned with discrim3.nð.tion.. The apal~tment com-
pI (?o:-: r"equest.ecl child be f i \/e ye<::lrs old and olcl€~lr'.
Her- child i<'Jas ·f our- (4- ) Yf:?ar- s old and wanted t.o
know IF ttÜ, S ~...¡aSi cli ~~icr-i m:i. nati on. Client advisee!
i.t. I<-h:\S not d i sc:r" i mi na.t ion. The landlord has a I'''it;]ht
to chC1o'5f.? ,::in al]E~ limit:.at.ion to hi '5 pr" DP E':I~ t. :i. (?os.
TC)të~.1 h CH..I. ~:;f=:h 0 1. c:I .- .~) .
Ct.. I EI\IT ~::¡ I X 'rl"',:i ~,¡ c::1.:i. f.,'nt o ~4J (""', <,i hE'I" "", Ci m E' but. dOf::""'¡ nc:)t hE\vP ,r' E~ 9 u 1. .:::\ 1"-
(:?mp 1. C:JYfiH:-:~n t. " Th(? hou~:;(·? ¡-'j (".,; r:::' cI ,;o("n(~ door" /\.-.Ii ndo\.-J 'fi:<ings,
,:',I"'ld c::1. :ì. i:::!nt mt-?E't ,:¡ th(·:·: c:: r-·i. t £"r- i EI + or'" t.hE' UI'-bE,n LE>é\gUE~:' ,:;
[.'J (.," 'J. the 1"" :i. ::: E\ t: i () n F'f'"' oq 1"" a.m.
rut:.ë:\} ¡'''iou':¡c!hul c:l " I "
.
.
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¡:':'agE? 2 CLIENT DETAIL DATA
CLIENT SEVEN C1 j, I?nt :i.ni ti a1 HUD ::::;l:;;~ ~- E?h ab !5pec:j,·fj,c:ations dj,d not
s;ati!:if\/ the con t.1'· ële: t. . Our-' contact ~...¡i th ·-JUD has sent
us to !5E'.\VC~r a 1. re~:f.~n~al ~5" The latest Washington
ref er r- i:\ 1 sent. us; to Jacksonville. Cl i (-?ont. had one
more mortgage payment to satis'fy ~) 12 L..O{~J" She was
ad\/i sf?d not to pay unt.il i ssw::~ ~'Ja s set.tled. !3h€~
opt to pay..
TClt¿,,(l -'IDUSf?hc::J1 d -.. ..,
- ~ "
CLIENT EIGHT HlJD requested clj,ent. tD set an appoj,nt.ment ·f or
a hearing to bf-:? conducted by June 19th. Client.
revi e~'Jed HlJD request and advised me that she
Undf?r!:ïtands ~...¡hat is n€~f?ded to be done ¿:¡nd ~...¡i 11
act aCCDI'-d i ng 1 y"
Total housiehol d = 9.
.
.
( ,- (
!Jt{
URBAN LEAGUE OF PALM BEACH COUNTY, INC.
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax(407)833-6050
301 S. l..J . 14th Avenue
Delray Beach, Florida 33444
July 5, 1995
.- --~"-'
Dorothy Ellington, Coordi natot- RECf~~\lED
Housing and Community Development
100 N. lsJ . 1st Avenue - 5i995
Delray Beach, Florida 33444
Dear Dorothy Ellington: ;- .-" "'\:~ f 1'-, ~ ~- ,,'
"..,_.., -.---,. ---
Enclosed you will find the following reports:
1. Grantee Performance
'") Client Detail
.......
-J. Program Statistics
4. Employee Time sheets
Listed below is a statistical bt-eakdo¡,.m of services provided
from 06/01 through 06/30/95 by our office for Delray Beach.
PROGRAM TOTAL CLIENTS FAMILIES
Housing Counseling 44 10
Telephone Counseling = ,.,
.J £..
L1Jeather i z at ion 0 (;
---- ----
Total 49 12
Let me know if you need additional information.
Sinc:erely,
{</.{;{ ,
;/ "
//./.' /: r..dé-4Jf~\-_,
/'/
/'
Gerri Hudson
South County Coordinator
Enclosures:
*
"BUILDING FOR EQUAL OPPORTUNITY" '"
Serving all of Palm Beach County
unll:8d w.v
olf'alrnBeacllCounl1
.
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CLIENT DETAIL DATA
CLIENT ONE Client is currently unemployed receiving a
Federal subsidy to supplement the family's
needs. Client requesting rental assistance.
Client was referred t(J another agency.
Total household - 6Þ
CLIENT TWO This client moved into home 2/95. Owing for
05 and 06/95 @ $575 per month the client has
received a three-day eviction notice. The
Urban League spoke with landlord, gave tt1e
client employment list, and referred to an
agency for financial rental assistance.
Total household - 4.
CLIENT THREE This client called for rent assistance. She
is unemployed and a month behind in her rent.
The client was informed of UL Employment list,
requested client to try to negotiate with the
landlord - she had not received an eviction
notice - and referred to CRISIS LINE.
Total household ~
= k_
CLIENT FOUR Client telephoned 6/12. Her eviction notice
would be effective 7/6/95. This client has
been living i Ii a relative's house for many
years @ $400 per month. Her total income is
$303 per month. Her relative has let her pay
what she could afford. She now has a balance
of $3,400. She was referred to another agency
and advised to find an affordable place.
Total household _ 7
- 0"
CLIENT FIVE Client is an employed student (with child)
living with a relative but wants to move into
own home. Client given landlord listing and
counseling on affordable housing. Employment
list reviewed with client to match skills.
Landlords contacted for possible negotiation
of security deposits. Client later returned
unemployed stating she had quit one job with a
promise of another higher paying job - with her
sister, and was informed that two relatives would
not be hired teJ work in the same work area. My
observation lS client misinterprets (EXAMPLE:
A landlord informed client of available housing
IF she had a Section 8 Certificate. Client
informed me that she had a job with the landlord
if I would give her a certificate.)
Total household - 2.
CLIENT SIX This client needed financial rent assistance.
The landlord will no longer take weekly nor
part1cal monthly payments. A verbal eviction
notice was given to bring rent current ($650)
Urban League referred to another agency.
Total household - 4.
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¡:::'aqf::~ 2 CLIENT DETAIL DATA
CL II:::I'H SE::~/E \I Clif:?i-It rï l"? f? cJ I,,,. d ¿:;1.~:,si ~õta.rïcf::.· t-Jj, th ¡·-IUD {.':¡ES I (3 \.lt'1E \.IT
I:) i=.q::H::~ 1'- ~"" cW' k . U¡'-'f::¡ Eln L. E~ ,:3.1] U (? cont.acted HUD t-Ji th
c 1 j. E~n t ' ~õ CDnCE'r-n .. (f':ìhE' i ~- CL.u·-¡rf.:?nt 1 y Sf?pal'-ated
->
of Ir' om hu ~:;I:)E:'lnd and on ¡VIa t. E~¡r nit. y LE·ave 0+ Abs¡E>nC(?) .
¡::',.- 0 v :i. d (:? cJ ,::i.s~õ:i. st.anCE?
1 ot Ei'.l hc)U~:;E~h(Jl d ::: 6.
CLIENT EIGHT Cl :i. ent: needed ass:i. ~õt:ance t-J i t: h available housing.
Ur-b,='ln Lf·?'::lçJue ccmt.ac:ted set-ver-al I ¿inell Or-d·~3 about:.
the availablity of desi r-ed housing (4/2 Delr-ay
ShCi¡rt:-:~S) . Cl i f?nt. given U/rban L(?ague' s cur·r·ent.
1_ an ¡j 1 01'- cJ L..:i. ~:õt:. i ng.
Tot a 1 hou~:¡ehol d -- 6.
CLIENT NINE Thi ~õ cl i ent. needed finëHlcial r-ent. assi stancE'.
Cu,rl'-'E~nt 1 i vi nq conditions (living with si stet·-)
ItJi 1 I chang!'.? and she ~'Ja s r-equested to fincj her-
own pl,::¡ce. Client i ,- unemployed ¿,\nd claims her-
.:>
on 1 ';i income is ëin AFDC check. Client advised to
r- e\d E~¡'J our' Er'¡PLOYt1ENT BUL.LETINS t.o match ¡let-
~õkills, and ¡r'ef E!I'-r"ed her' to another- agenc';/ .
Toti:il /"'lous¡f:?ho1 d - 2.
CL.IENT TEN Thi~õ cl:i.ent'~3 i rÜ U, ¿'Ü call for- f i nanci a,l r-ent
EIS~3i ..:;t:ancE~ ~-\JëiS 1'- f:?f et- 1'-' ed to CRHJlS LINE.. [;1 i EJnt
found an agency that ¡requested a l,^wi tten 1'- ef et-r- a.l
'f 1'-' OITI thf2 U¡rban L.eal~ue . LA.)(? i ntE~¡rvi ew.:;!d the cl:ient,
contactt'::,'d t.he J. andl mood ¿\!ld the agency r-equesting
\~'. t"'I:-?f f::!I'-,r a 1 (St. Anrjr-e~Js , of Boca) , anci comp 1 E!t.ecl
rJ<':;¡.per-~\lor- k needed.
This h ,=( ~:; bf::\¡:~n ¿:i.n ongoing c:oncel'''r¡ +01'- UI·-ban L.eaç¡ue.
ThE? (.~qE'nc::'y' r-r;2qu.E~sted me to FAX fIj',/ r- e'f e¡r'¡r ¿:i.l I;<Jh i ch
,'::',1"'( <:i!=;!=¡i <::;1:: ,::tn t n(?at"· J. y all cl.::\y·
NOTE:: Thf? client hèld the or-iginal copy.
(.~gf:?ncy "." (,,~ r- b ,=.:d. 1. .,.. claimed t.he ma:-: they c:ould a~:;si st.
thE? of diïij, 1 Y t-J i t. h $150, then later- decided not to
g:i \I(? 2\SiSi stance because this amount t-JOU 1 ci not tJe
ad (o?ql...I,atf.? to satisfy the family needs.
Total housiehol cI ::: 6.
CLIENT EL.EVEN Client illitia,l HLJD :::.1 2 r-ehab specifications did not.
~:iat i <::;+ '/ t 1-1 (o? contt-act. CJ u 1'-' contact wit.h HUD hasi sient.
u~::. to sE!ver-a,l ¡rE·f et-r- al s. The 1 a,test t'Jash i ng'l:cm
r-E!fE!I'-',,-,:,:¡1 Sif.?n t. us to Jacksonville. C1iE?lìt had one
mor-f:? mor-tgage payment to satisfy 312 L.OAN. She (,'Jè':i.S
advi ~::jf.?d not. t.D pay unt.il i SSUE~ ~".j(:\S s¡et. t.l f:.~cI . Shf?
opt to Pdy·-off the loan..
[j ''./ElCJ I NG : F'¡;:>/'- ,JE:\c:k~30nvi 11 f2, HUD ::; 12 is a DE{.)D p/roç.¡r",::im ~ Client's
f i 1. (.? !:õl...lbmi t tl"?d to UdJan L.eaguf2' ~:õ L>Jf:?ather- i;~ a,t. ion
p Ir' n tJ I'" .:::i m f C)f" pr'oc:e<::;'51 nq..
Tot¡:\l hCJu~5f,~hol d ..... ......
.c.~ .
ct... lENT TlAJEL..\)E: C; 1 :i E' ¡"'I t :i,nit:i,a1~=i HUD {.~~:;s;i gniTiE!nt:. 1'-' F:.' j f::! c t (:;2 cI .. Cli(':!nt
a.d \/ i. <::,.;:;:d to tTIO V f::.! .. Cl i !:."'I'ït'~; proper-tv co-owner ha,s
,:;"!. ~::¡ t I'" CJ k C~ (1-'IOt:. E~;'~ p E!C: t. eel to 1 :i VI'::!) .. UI'''ha,1''i !....f'!atJuE.'
a ~:;~::; j, ,,:,1.:: c::], i E:·nt. I;<Ji t,h an ¿tppl icatiol'ì of or- ¡:':f:~qU.P<::it 'f 01'-
iJc c:: 1,..\ pi. F:'::c:\ CO!"', \i E!Y ",In c: EJ..
·¡-Cil:dJ. hC)I...I.~:;c~huJ. d '_h i...
I...J"
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URBAN LEAGUE OF PALM BEACH COUNTY, INC.
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax (407) 833-6050
301 S. l..J . 14th Avenue
Delray Beach. Florida 33444
August 7. 1995
.,
Dorothy Ellington, Coordinator
Housing and Community Development
100 N. w. 1st Avenue
Delray Beach, Florida 33444
Dear Dorothy Ellington:
Enclosed you will +ind the following reports:
1. Grantee Per+ormance
2. Client Detail
-:r Program Statistics
...; .
4. Employee Time sheets
Listed below is a statistical bt-eakdovm of services provided
+rom 07/01 through 07/31/95 by our o+fice +or Delray Beach.
PROGRAM TOTAL CLIENTS FAMILIES
--
Housing Counseling -:r= 8
.";...1
Telephone Counseling 12 4
Weatherization 0 0
---- -.-.--
Total 47 12
Let me know if you need additional in+ormation.
. 1
Si nç:eriel y,
~:&4~'_ i REceiVED
Gerri Hudson AUG - 9 1995 ;
South County Coordinator f
,
Enclosures: ;-" 1 ~~"U" '-, , *
",'·.1, ',' '-',""
----_._"-. -~. ~,~ ,.:'
"BUILDING FOR EQUAL OPPORTUNITY" '"
Serving all of Palm Beach County
Unll;edw.y
at f'Jlm Eleacll Count,
.
·
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CLIENT DETAIL DATA
CLIE:N'r ONE [;1 i f.~fït ~:5i qnec1 an opt i emal I~ E?n t ,-t ()-'o~o.Jn document
~'Ji thout :I. (::.'q,':¡ 1 consiultatiDn.. f..:¡h (7;: ha~s bt?E~n pëly'i nq
land 1 ol'"'cl mortqaqe payments for- O\ier- a Yf.?ar- .
Cl i \::?nt. ~o.Jant.~5 hlJmE'ownE~I~ documentat,i on to file fo ~
HomE'stf:?ad E:-: empti em. f..:¡he is cur- r- ent 1 Y pay i, ng c"":\ll
r'E?al E~~=j t. a t. E? t¿¡;.:f:."s.. Cli(~~nt ,::idvi ':¡ed tD Sf?f?k 1 eç)al
counsE?l i ng..
TDt.al -¡ousiehol d -,- ..::. .,.
"
CLIENT TWD This client wishes t.o move because of the cr- i me
~ise in his community. Urban League contacted
sever-al landlor-ds that have homes and apal~tments
in better- neighborhoods requesting e:-:isting
vacanc i e~.; - to no avail.. Client given a copy
of Ur-ban League's Landlor-d Lisiting.
Total household ".::: 4.
CLIENT THREE Thi s cl i f,';!nt called for- r-ent. assistance. He i Si
self-employed and a month behind in his r-ent.
The client v-Jas i ntolrmed of UL Employment 1 i st,
r-equested cli,(:?nt to tr-y to negotiate with the
1 ¿¡nd 1 ot-'d , anel I~f:.~fer-r'ed to CRISIS LINE.
Total ¡-"¡ouseho 1 d -- 0..) "
CLIENT F'()LJR Client has ë\ convent. i (Jnal IDan and is fout'"
months behind.. ru 1 utilit.ies disconnect.ed..
Cl i €mt blames e;.: -emp 1 C)'l'E?r- for' all his ~o.JDeS¡ .
Clie·nt. i nf or'mE~d 0+ need fOI~ legal counseling..
Ur-ban League cDnt.acted ¿! CounSi';?1 or- fm- ,:\
consultation ~o.J i t. h client...
TDt.E!l how=iehol d -- 1..
CLIENT FIVE Client t.f.~l ephone 'f c¡r- financial r- E?n t. assi st.anCE?
The 1 and 1 ol~d hasi given client a t.hr'e(:,~--day
evictiDn not.ice. Cl i f?nt refer-r-ed t.D anothel~
agency feW' ¿!s~:5:i ~5t.ance.
TDt.al household - 1-
CLIENT f';IX Cl i (:?nt. telephone feJr financial assistance with
utilities.. Client r-efer-r-ed to another- ag.;?ncy..
Total household ..- ..':'.
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F'a(:JE' .:.. CLIENT DETAIL DATA
CI._ lENT 81:::'",)1:::1\1 Cl i E'nt nf.7.'eded -fin,'=;.ncial assi stancË? ~'Ji t.h ¿t
c:on\/Emt.i al iiïDt..· 'l~ q aq (,2. C1 i i':'?nt. s t ,:i t. E!S that:. shE~
Etnd dauq h t (:"!t- ~~ 1 i Vi~ in same house, but she is
Dnly respDnsible iiïDrtgage payments and her own
upkf.",ep. Shf.7.' d De~; da'i'-~'JC)t- k and hero. f2mp laymen t
c:hElngE!d of 01'- t.~·JO pE!opl(-2 ( oni'2-¡j i ed :' t.he-7.' ot.hi':'?t-
movE'd "H...¡ay) . Client's income is $990 a month.
Client given a BudO(~~t l'1anagement. counseling.
H E7.' rOo tr-anspor-tat ion ($532) causes this problem.
Ur"ban LE~ague feel !5 s;omE-thing is mi!5Sing \n this
stol~y - c1- mortgage of $424 per month and si >~
~...¡or"ki ng adults 1 i vi ng in the house should not
bf? a problem. UL contacted mortgagor- to buy the
client t i mf? t.o pay t.he t.wo-mont.h delinquent bill.
Total hou~;ehol d ::::: 6"
CL.IENT EIGHT Client. needed assi stance t.-'Ji t.h available housing.
Cun~ef1t housinl;] no longer- adequate for the family.
Ur'b¡::¡n League mailed heiusi nq list.inq.
Total household __ c:-
- d.
CLIENT NINE Th:i. S cl i ent nei-2ded ¿:ìssi stance ~...¡i th HUD requesit.
HUD requ€-?sted client to contact Urban L.eague to
f?n SUt- E~ t.hE! dat.a requested is ri-2cei ved by 8/1.
Th is mar-r" i ed c: 1 i E!nt. pUlr'chEtsed a home - alonË?
I-IUD f1E"~ed documentation Dn m ¿:\t_. i t <:1 1 stat.us, 'family
incomE<, and ·fami 1 y ~:;t z f.~.. Data m2'ti. led to HUD for
few' r"evi E!t.-'J in reque!5t.ed t. i mE~f I~ aITH::!.
Total household - ''':'''
CL I EJH TEI\I Th is c 1 i (-2nt ' s mortqa';JE! 1 Si t~..¡o mont.hs behind. St"le
ha~j bf.-?en uneïop 1 oyed si nce-7.' an au.t.o accident thl'-ee
YE:!al~ sago. She ~'J a s; hom(,=!o~·.Jnel'" pI" i or' t.o mar-t-i,,:tgE~
o'F si >~ -'teiõ7.'n '''¡''- '-1--' The :i. !5 a FH('~ Loan; hO~'Jever- :'
~ ~:,,<~. =>"
HUD assi gnmEmt can not. be r-equest.e>d unless hC¡U!::if?
1S in a FOI~ec I OSLU~e st.at.us. Ur-ban L.eague contacted
mort(Jagcw' informing thE?ili of client.'s r'equE!st for'
assist.ance givinq the client. adeh ti onal ti m€-?"
Cl i i-2lït has; had 55 I heat- i ng.
Tot"Ü househol ej ::." 6.
CL.. I EI''.!T ELE'v'Er\ Cl i i;?nt. initials HUn I(:¡S~:;i gnment rf2j f:?ct.ed. Cl i f=!nt.
advj, sed to request a 1'- Ë?V i et.-'J of f i 1 €"'.. HUn states
t.h€-? dE)ceasf?cI neVf:?t-· 1 i vf."!d in t-E?~:;i clence, SpOLlSE~S
income nev(,!r documf?nt.ed ( j ob s held and caused o'F
t.f:~r'mi nat i c¡n.. UI~ban Lf:?¿:ì9ue ~'Ji 11 Etssi s;t c: 1 :i (:..!nt wi t,h
un -d oc Lllni.;:!n t ed dat.¿:I.
Tot,al hCil_ls;ehol d :::: <i"
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Page .~ CLIENT DETAIL DATA
CLIENT TWELVE Client initial HUD 312 rehab specifications did not
satisfy the contract. Our contact with HUD has sent
us to several referrals. The latest Washington
l~eferF'al sent us to Jacksonville. Client had one
more mortgage payment to satisfy 312 LOAN. She was
advised not to pay until issue was settled. She
opt to pay-off the loan.
ONGOING: Per Jacksonville, HUD 312 is a DEAD program! Client's
file submitted to Urban League's Weatherization
program for processing and client advised to contact
City of Delray for additional fundings.
lotal household = 2.
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URBAN LEAGUE OF PALM BEACH COUNTY, INC. f)({/
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax (407) 833-6050
301 s. w. 14th Avenue
Delr-ay Beach, Florid.;i 33444
September 5, 1995
Dorothy Ellington, Coordinator
Housing and Community Development
100 N. l¡J . 1st Avenue RECEIVED
Delr'¿1"y' Beach, Fl or- ì da 33444
~ !
Dear Dorothy Ellington: SEP 1 1 1'10.5 I
,
Enclosed you will find the following repor_s: \
N\TY flF' tr:: i r', L';-
Î.,",·t~MU -,,,-~,-~:-,.,,,,,
1. ! _.. ,,1.;..4 ",-,,"._ ,_ ~__... , "
Grantee Performanc~---
..., Client Detail
....
3. Program Statistics
4. Employee Time sheets
Listed below is a statistical breakdown of s~rvices provided
-from 08/01 through 08/31/95 by our office for Delray Beach.
PR[iGRi~M TOT?\L CLIENTS FAMILIES
.------------.- -
Housing Counseling 26 5
t> eatherizati on 2 1
---- ----
Tot:al 28 6
Let mt: know if you need additional information.
Sin~ly,
//
(1/'-//' ,~
.;JÉ':¡ ~/ //GC' Jof£<;l},-,
./ fi9/" r :i u d son
South County Ccardin6tor
Enc 1 asun?~, ~ *
"BUILDING FOR EQUAL OPPORTUNITY" ,_
Serving all of Palm ßeach County
Un ~.d way
01 f".tlm ¡'!'.õI(~ (!)Unl¥
.
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CLIENT DETAIL DATA
CL_ lENT ONE Cl i f?nt nf.?E~ds some major n~pail~~; on homE' -
includinÇl ë\ new t-oof. ShE~ ¡"Jas¡ advi !5€-?cI that
LJI'''ban LeaÇluce could not provide ë:\ n e~'J roof \.
An applicatic)n was taken f or- ~'Jeathet-i z i nÇl the
hOmE? . Total household -- 2.
CL.IENT T l¡J [) This client needed legal assistance in deeding
an out-of-county home si be to an elderly aunt.
Th€~ homesite is neeel of serious t-epai r. BDth
n~?~:;idential and homeo~'JnE'r at-e 121 del~l y on fi;·:ed
incomes. Client taken to an att.orney for-
legal assistance. Total household = 1.
CLIENT THREE This client's mot-·tçJ¿lge 1S t~'JO months behind. She
ha.r:; bE'en uneilip 1 oyed sj. nee an auto aeci dE~nt threE~
VE~at-·!s aÇjo. Sr',e W¿tS h orneo~'Jn er rw i or t.o mat-ri age
o·f ~:; J. ).: ·-·t een YE'~ar s. The ], ~:5 a FH{.'i Loan; however,
HUD as!:i:l Çjnmf?nt can not. be request.ed unless housiE~
is:. in a FOI~ecl osure ~;t¿ltLJS . Urban L.eagl.le contacted
mOF·tÇj<:tqot- i IìfCil~mi nç thi?ïÏl of cl ],c?nt' s I~equ€~st. for
ar:;r:;i ~:;t.ance Çjiving the c 1 i i?n t adelitional t.ime.
Cl :i. ent hasi had SEn heat'" i nçj. U,rban L.€~ag ue unable
to iJivf:? financia.l assistance; hO~'Jever , Inter-
AIJency Coop €~F' at. i Dn ~"¡·::¡S provided and client t-ec€~i ......ed
neE'~d(ed assist.ance.. Tot.al housi,?hol d -- 6..
CLIENT FDU¡=;: Thi ~:; Cl:i.ent's neec:lecl aSisi S¡tanC:E~ ~'Ji th ·-IUD t-eqUE.~sit .
HUD rf.::!qu.E?sited client. to contact Ut-b,::1.n L.eaÇj LlE.~ to
en SiUt- E~ trle d at. ¿:\ reqLl€~st.ed 1S r-E?cei veel by Elf1..
ON--GO I NG HUD Assignment. rejected. [:1 i E~nt 9 i v€::!n add i t j. oné3.1
counsel :i ng iand L.andlord l...i !5t i n\:;) f or-' t-'ef eF·ence~::;.
Total household = ..::. .
CL. I EI'~T FIVE Clif.?nt. n eE~cI €~eI assistance ~'Ji th HUD (-'1ssi gnmE?Ilt.
papf?r-¡"Jor-k. Ut- b an L.eague contacted HUD about the
conceF'ns of the cl i f:.~nt...
OI\I--'GO I NE; Client. n?cei ved an EV I C I T I m-.J r"JOT ICE and -·IUD had
not. cCJnt.acted the c 1 i Emt on !5tatus Cif applic:atiCin
fOI~ a~;~;i stance. Urban L..€·?ag ue r-equf:?sted to assist..
HUD investiç at.ed - client had lCist. TITLE 01i95..
Client. given L.andlord U. st i rïÇ~ and c:ontact.f2d
ag£~nc:j, e!:-:; with ë:\vë\llablf? funds.. Client. g]. \/f,?n names;
o·f agency t.o call for" ·f i n an c i <::1.1 as~;i ".;t.é:ïrïCe..
Total household -. 6.
CL. I r::I\~'r ~3I:X Cl i E'nt j,nj,tia.l¡:; Hun {."j<::;~; i 'J 1"', iïif:ë'n t I~ e.J €::!c t. (·?cI .. Cl i t-)ni::
":'.cI\/i <5ed to I'" E: C UE':Sit ë:( r" i:? \/ 1 E? ~"J C¡-¡:: + i 1 E!" HI...JD s¡ t.: a t:. E'~::;
t.hE:! d €~:c I:;:"a ¡::iE~d II i:::! \/ E~ Ir' 1 :i. VE'cj In r" E' ~::¡ i cJ E' n C f:? ~I r::; P 0 U. ~; (.,? ~::.
:I. r",COiHf',' nE'\/Ii:,'I'" doc: Uifii?I"', t. (.,::c:! ( i c:¡h!::¡ 1",,,,,·1 d ¿\r',e:! c: <:1.1...1 <::; £> d CJ+
t.1i:?1'''mi ni'.i.t: i on" Ulr' b dn 1..,"='·è'i.q'..J.e Hi L 1 é~. ¡:; ::;:i. ~::; +:. c:: 1 :i. E'nt ,-JiLh
UI\I....·hU I \IU 1...1 n ..... cI (:) c: U ¡fiE,: 1''', t: f':: e:! <::IEltE\ " 1...11"/::).'·'"'·'1"·, l..E:i:":\I:jU':;? c:: c¡ r"1 t:. i "'"f 1...t E·! ~::; t.O
pu.I ] c:1 oc: UiïiE·n t c.. t. :i. un "1:: C) <J c:· "1":. h E> r- .··,i.I"·, cJ c:: U 1...1. 1"', ¡::;c:· 1 + '::1. en:i. 1. .~:/ Cjr',
I.:: I·"'f·' I"·'f,;·,'(j tCi !.., ::1 ·VE· .:":':'!.c:l c! :i. t.-, :i. ijr"¡ ,':':\:¡ L ~.,. roo c:r ¡T (.~.: "
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HOUS I NG COUNSELING
SERV I CE CODES
"
., 1'10 t-· t. ~~I a çj e I:::¡PP 1 i cat ion Assistance
J. .
:~ .. Pt- ~? and Post. Mort.gage Counseling
"_I" De+E(ult Mort.gage Counseling
4. Hou~:;j. nq Discy-imination Referral
I:::' S(·::c t.:i. on 8 Howsi ng Application
,J.
(3ui dancF: Assistance
t,,, I n·fol·-mat. ion ¿dJout Maintenance and
Housek£'?E'P 1 n~;¡ 1'-1anagement
-, Del i v£~I'-'y o-f Housing Informat.ion
I "
ancJ Countywide Relocation
,""\ r r' t] ¿(nd Delinquency Counseling
q" -.'r e··-· "':1':'11 .... a .
9. I....¿~_nd I Olrd ¡Tenant RE·lations I nf onTeat i on
1.0. 1:::mE!¡·..·t]r::.::nc::Y In t (;?t-· \/en t i on includinq Food
¡::::n':;?!'-(JY and St"¡el tel'" Assistance
1.1... Inter-Agency Cooperation
F\ Food St a.mp Application F~ef E.?y" r' a I
I-I.
B. f}CiC ~) E": c:: Lll'- Application/Referral
C.. L..F:!gal I::;:e·f er-y- ¿·d.
D.. i'1f,::d i c: a 1 P(;?felr¡ral
E: . E:mp 1 oYin€'i!nt Rf.'i!ferral
F.. Fai I..·· Hous:i. ng Reff."-:!nr·al
(3. F 011 OI.rJ·-U J
I'''¡ . T·f..~l E'pl"'lune Intake
1.. D t.I···, ';21'-
.
.
URBAN LEAGUE OF PALM BEACH COUNTY, INC. <J~
1700 North Australian Avenue
West Palm Beach, Florida 33407
(407) 833-1461 · Fax (407) 833-6050
301 ,~ \'¡'J. 14th Avenue
.::>.
Delray Beach. Florida 33444
Ocotbet- 11, 1QQ=
. ....1
<.
Dorothy Ellington, Coordinator
Housing and Community Development
100 N. t-ll . 1st Avenue
Delray Beach, Florida 33444
Dear Dorothy Ellington: RECEIV~--H~'
" [:.Ui
Enclosed you will find the following reports ,... c-........
<. ¡ 1 6 1qq5
"'-'"....
1- Grantee Performane
'") Client Detail j r"'- "1:,·~c~r~.,!~'f'Æ:'
"'- . , "
Program Statistics ~-_...~~..~,-~. ..._,.
.J.
4. Employee Time sheets
Listed below is a statistical breakdo~..¡n of services provided
from 09/01 through 09/30/95 by our office for Delray Beach.
PROGRAf"l TOTAL CLIENTS FAMILIES
Housing Counseling "7 6
L·j
Telephone 4 1
Voters Registration 1 1
lsJeatheri zati on 4 .....
L
-------- -------
Total 7..... 10
.JL..
Let me know if you need additional information.
~~
/ Gerri Hudson ~
South County Coordinator *'
Enclosut-es:
'"
"BUILDING FOR EQUAL OPPORTUNITY"
Serving all of Palm Beach County
Unll:edw.y
o!f'¡ IIIBractlCounl,
,
.
CLIENT DETAIL DATA
CLIENT DI\j[ Client t. £.? 1 E~p h on €"~d that sh€':! n E?E'd ed r" en t. ¿,il
a~';~:"ii ~:;t.¿int. Only i r1CCHTif.--? at t.hi~s ti m\'=.' i ~~ an
P,FDC ( ~f; ::~; 0 ::~; ) and Food Stamps ($::~;63) . Client.
I'-f:?c:ei ve~5 S;UbSii dy housi n(.;J. Ur--ban Leaguc-? r--efér--r'ed
c:lifi!nt to anottH::!r- a\)E?nc:y.
Total hc)l..lsic-::~hol d -- 4.. ...
CL II::'NT T[...J(J Client 1·-E"~cE·i VE?d an Evic:t.iem Notice for-- dE?l inquent.
r·ent. (3 mDnt.h~.:; ;3) $27 pC'2r" mont.h) . Cl:ient. had some
-funds, but needed addi t i (mal money for cour--t..
P¡ ::'DC ( Š¡::::;(3) and Fooel Stamps (1;363) . Client. called
and i n·f ormed Urban Leagw? t.hat they were working
~'J:i th t h E~ COLIf"" t. ~:; . Tot.al 1-I(JUSE~hol d = L~ .
CL I EJ.JT THI:;:EE: This client.'s initial vi~~it. was fOI~ legal r--eferr<3.1.
Client. had I::"J€~€~n l:i\/:inq of+-and-on in Housing Project.
~O\ i t.h girlfr-iEmd ( mot h er- 0+ tÜ~~ 4 children) a number"
ed: year's .. (3 iI-- 1 t"'€~e:E~i ved AFDC and he claimed tej be
unaware because he was taking care 0+ children needf:5 ..
LE'Jg é.Ü n?+c·?r-ral made a+t:f?l~ cont.¿tct. i ng an ,:\ t. t. or n t--?Y' .. f7:¡ 1 f="iO
C 1 i €':!nt r--eg i ~~ter"ed to VDt.f?.. Total HousehDld = 1..
CL. I [:I""'r FDUF: Th:i~:; cl:ic-?nt. I!:; c:ur"¡'-'E?nt 1 y l:iving in t.he Housi nl:;) PF'Oj f?ct..
C1 i Emt. i f:5 lookinç] for" a++o¡·-dabl€·? hou~;ing and sl,!'.:? had
hE.~ar·d <::ibDUt. ¿~r'l Ut-bar'l L.í:2agl..lE-' P¡·-·ogF·am. CliE~nt. was i nfcwmf2d
o·f an Clt her' pr"ogr-afil o·f·fc'2roof:?d by th€~ Deal r-y Beach and her"
rE-'ply ¡"Jas; th,::tt thE~ ¡".Ja:it.:i.ng li~:;t. \l'Jas t.oo long. Cl :i f:"?nt. ~.J a ~~
q i v€·~n an app 1 i cat: i Dn and i. Iï of Dr" mf2c! of pl'-ocec!Ut-f?~~ ..
Tot ,:\ J. I·-Iolts€':!hol cI ..... .~:. u
CL II::.nr FIVE Thi~; c:1 i F~nt i Ç.S cUI"rooentl'/" J.i\/ing In t.hf.:? HCiusi ng P,"-oj E?ct..
I\J€':!E~Cj f.?d + i nëifìC i. Ell ¿l::;::;:l stanc£~ ~'J:i th del :i. nqw?nt. t-'c;!n t.
paymE?nt.s a+ter- b("?i nq placed on ~::f. plan. Cli.ents +11E? to
be revi €~wE?cI by t.hE-' Uf"ban L..t?EIgue 1'10U~5i ng Comm i t. t. eE? .
Total household -- 4..
CI....IENT SJ X Thi ~:¡ cl:l ('i!nt:. h'::tÇ.;; r" E?C ¡::~ i \/ed an E\/i ct ion not.ice ·f ew '·-·f?nt:. .
I....and 1 or'cj con t. a. c: t. E'cj of Dt- E';-: t £':!ÏI d E:'d time. Client is nDt.
E?mp 1 D'/eel ëlnel not i r', t i:? I'" f2~; t E:! d in ~'JC!rki ng at. t.hi~; tImc'?
Cl i (?nt ¡'-'eCE?nt 1 y 1 f:? '::'. t- n that. shf? is prE?gnant. (due to
mewn i ng s¡i cknE!<ss"i) <,¡ r": d -{ €>E·> 1 <,; she ~,,¡oLll d not. bE~ ¿:i L1 1 c·::! to
~.J (J 1'00 k E:\ t. t.his t i filE'.. I~ I::? of í:.;! I..·· 1'00 E? d to anot.her- aqí:.'?ncy..
T·ot.al 1···,DLlsc..>hol d .-. I")
.1.,. .
Cl.... I I::' r-.I T f:3 E: '.) r:: 1\1 Client n E?€:'d s ~,;:,omc"? rOël.:.Î OJ'- r"E!pai r·~s on home -.. includinq a.
~ n E!~'J F' CìC!+ .. ifJf? ë:\ t ',001 f2"-' :l z ¿;¡ t. :l Dr-: ¿:ippl ieat.ion t.<·:\kE'roo, +cw P I'"OCf?S<::¡ ..
UN··-(-JI] I 1\IC:ì Cl i. ent c::ont".:ict UI'-b,:'i.r1 LeaquE' to i. n'Fol'"m that. r" 00+ .¡: E·ll in
.;:·\ncl -family a S¡ ~::; i ~s t:. í::"?d i rOOI r··E·>p 1 EIC:i. nq t-- 00+ .. CCintC":\ct:.E?d thE!
C Cì Cì I" din <,.¡. t. Ci I'" EWld :i. Iï + Cì I'" If, E·' c:1 tl·OOI(·:? clit:-::·nt Crf Ç.~c::hf?dul e plan
t:.Ci "'J E'~ ë'\ t: 1'''1 F:! I'" :i. ;.~ e ¡"'I c:¡ iiH::' "
T'ut:al huu'::.c:;·hul d .~.. .-')
..:.."
.
CLIENT DETAIL DATA F'(::¡GE en
CLIENT EIC31·..¡T Thi~:; c1 i ent rH.~ e? d E? d 1. f2g 2.i. 1 assi stancEe in dE'f-2di ng an
CJU t. -"0+ ·..··c Dun t y hCime!5i t('2 to an 121 dE~t-1 Y EtUn t. . Ðoth E¡t""'F:!
a""e? on + i :':E?d incnmes. C1 i. f?nt taken to ¿H1 c:ìt tot-ney fOI'"
ON"-GD I 1\113 If?O<::¡l a!5s:i. stancE~. Contact made with c: 1 i ('2nt. and 1 E~gi:Ü
to f:?'Iï~::;urUEe p<:¡pelrs al'ue pl'""ope,'ru1 y docLlmentE~d. "
T Cit. ¿,\ 1 housel"Ki1 d - :I..
CLIENT I\lINE C 1 :i. E?/T!: ' ~:; HUD 312 Rehab specs ¡"Jel'""f.e nnt sat i f,;f i ed in
~ an 1.989 conttu·ac:t. Contact with HUD and sevel'""al (Jtheyu
agenc i <?!:5 (jj.d not. pl'""ovide the assi stancE' need£ed to aide
Ol\l-"GD I NG c: I :i. (-?n t. " Ut-ban League"s Weathel'""ization F't- 09 I'"" am was
hi ndE!/,ued becè¡usc-? of the'? need nf I'""oof WOI'"" k . Cit.y of
DF:!l/r ¿IY of (·:e I t $3K could bf:.< allocated fOt- t.he y"oCif;
and 1 a b=.· I'"" wit.hdl'""ew t.he allocations. Ulrban Le?ague
c:ontEtct.<:;!d Habit.at t.o see if thei t- pt-ogl'""am coul cI pl'""ovide
assistance." ..to no avail.
TCJt:.al househcil d ::::: :~~ II
CLIENT TEN Cli ent initiëÜs HUD Assignment I'""ejec:ted. C 1. i f?n t.
<3.d v i ~:¡(-?d to reque!:;t. a l'""evie~'J of ·h 112. HUD st:. <=¡t. E-?!5
thE'? df:?c:c-eased n f2Vel'"" 1 i \led in I'""esi cjencf.e, spCJuse-;·~:;
:i. ""·,C::Ciiïi€.-'! nEever" cJoculT1(-?nt.f-2d (j obs hf.el d and caused of
tf:?lr'mi nd t :i. on .. U/rban L.ea9uf.? ¡"J i 1. 1 assist. c1iemt ~'Ji th
ON-GO I t,m U ""·,···..cj CiC umE:>n t. E~d cia"t.ël.. U""ban League cont.inues to
pull document.<:'';.t.i on t.ogethet- and COLlll~5el famj.l y on
t.hE~ rf(;?(0!d t.o h-:3.\le addit.ional income.
ON-'GO I NG L.E·t t (,?f- C)+ P,p p(:.ea 1 t.o HUD F I h¡{'~L. DEC I ~3 I 01\1 DN PISS I ßI'·.1I'1!::::NT
'::;ub iJi:i t t ¡::::cI \-,.I:i. -1.:1"', ÔocumE·nt.i'Ü·. ion.
TCitaJ. hDU.~::;E·I···¡CJl d :::.: <'7 II
.
ttP/
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i G - MEETING OF OCTOBER 24, 1995
BID AWARD FOR ATLANTIC AVENUE 1M IRA MAR DRIVE STORMWATER
PUMP STATION
DATE: OCTOBER 20, 1995
This item has been scheduled for the Commission to consider the bid
award for the construction of the Atlantj,.c Avenue/Miramar Drive
Stormwater Pump Station.
The bid opening for this project will be held on Monday, October
23rd. Backup material and a recommendation concerning the bid
award will be sent out Monday evening.
p s1fO(J~ 11q ~
o Jo II
ref:agmemo16
.
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'Jt1
SUBJECT: AGENDA ITEM i 9# - MEETING OF OCTOBER 24. 1995
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: OCTOBER 19, 1995
The term for Charles Broadnax will expire on October 27, 1995. Mr.
Broadnax was originally appointed in March of 1992 to fill an
unexpired term. He is eligible and would like to be considered for
reappointment. The attendance record is attached.
To qualify for appointment, a person cannot be an officer or
employee of the City for which the authority is created. In
addition, at lease one commissioner must be a resident-member.
There is a resident-member currently serving on the Housing
Authority. The term is for four (4 ) years, ending October 27,
1999.
The following individuals have submitted applications:
Donald Allgrove (also applied for Board of Adjustment)
Richard Brautigan (also applied for Board of Adjustment)
Charles E. Broadnax (incumbent)
David I. Cohen
Clifford H. Durden, Jr.
Herbert Freese
Leroy Harrison
Fannie Hunt
Robert Hutzler
Rosalind Murray (currently on Education Board)
Jay Slavin
Kelly P. Whalen
Roland Williams (currently on Education Board)
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
Per Florida Statutes, members are appointed by the Mayor and
ratified by the Commission. By prior consensus, however, each
Commissioner, on an informal basis and according to the rotation
schedule, makes a recommendation to the Mayor as to Housing
Authority appointees. For this appointment, the recommendation
will be made by Commissioner Alperin (Seat #2).
Recommend appointment of a member to the Delray Beach Housing
Authority for a four (4 ) year term ending October 27, 1999.
ref:agmemo1 /l11/9S
POSTPonED .fo
.
t . ' -
Ex - Excused
P Present
.. 1994
f
A .. Absent DELRAY BEACH HOUSING AUTHORITY
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
I I
! I I
,
,
Eugene Strews L I
P P P P Not eapp inted
Rev. L.C. Johnson A A P Ex P P I Ex ,
!
Kevin McCarty A P P P P P P ~
"'" ,
Charles Broadnax P p P P c:: P
P p .... I
~ ,
I
Lawrence A. Hunt P A A F Not eappc inte :Jj i
I
Gail Dillard A A A co is' Ex co a' ¡Reapp
c:: .... c:: .... Not inte
..... +J ..... ..,
Judith Colvard P P P Q) ¡¡¡ P CII P Gí p p
~ x: :Jj :£
W. Howard () :i P ~ P 0 P
z 0
Ellingsworth , Þpnt /94 z z
. P P Ex
Kyle Kuberski Þpnt /94
Robin Preston Ai pnt 1 ')/94 P
I
I
I 0
J
at ten. doc
.
,
. . .
DELRAY BEACH HOUSING AUTHORITY 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
W. Howard Ellingsworth P Ex Ex/Ex P A P/P/P P PIP P
i
I
¡
Judith Colvard P Ex PIp P P P/P/P P PIp P
Kevin McCarty P P PIp P P P/P/P P A/P P
Rev. L.C. Johnson Ex P Ex/P P P P/A/P P PIP P
Charles Broadnax P P PIp P P P/P/P P PIP P
Robin Preston Ex P Ex/Ex P P P/P/A P PIP P
,
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !J1l1
SUBJECT: AGENDA ITEM it 9L - MEETING OF OCTOBER 24. 1995
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: OCTOBER 19, 1995
Earl R. Hahn, regular member on the Board of Adjustment, has
submitted his resignation, creating a vacancy to fill an unexpired
term ending August 31, 1996. Attendance records are attached for
the alternate members who would like to be considered for
appointment as a regular member.
To qualify for appointment, an individual must either be a resident
ofl or own property and/or own a business within the City.
Applications have been received from the following:
Donald Allgrove (also applied for Housing Authority)
John Baccari (currently serving as alternate member)
Janet Baron
Richard Brautigan (also applied for Housing Authority)
David I. Cohen
Anne Hoctor
Leo Koppman
Janet Phipps
Benjamin F. Ricker, III
Nicole Sarlo
Sid Soloway
Jess Sowards
Leonard Syrop
C. Lee Wilder, Jr. (currently serving as alternate member)
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
Based upon the rotation schedulel the appointment will be made by
Commissioner Randolph (Seat #4).
Recommend appointment of a regular member to the Board of
Adjustment to fill an unexpired term ending August 31, 1996.
ref:agmemo2
.
~ 'OCT-0S-199S 11:36 P.01
Post_It'· brand fax transmittal memo 7671 If. of pagé$" \
To A 6""\i:- From ¡¿ µ,
\.; ¡-¡ fI, rr~ ì.,.."T1+ 1\')
Co. C !) Co. ß0ùuJ It () Co
I"li 0 (.- . ""/.-p.¡;.. '(
Dept. \ ..:--R \.l.... Phon" .~()':S 3-'5".=t""~(¿¡h/'i
Pax# N"O ~ t.1..j 3-3'11'1 Pad 30 S ~S'i-' (q (¡;q
490 N.E. 142 Street
N. Miami, FL 33161
October 7, 1995
The Honorable Tom Lynch. Mayor, and
Members of the City Commission
City of Delray
100 N.W. 1 Avenue
Delray Beach, Fl 33444
Dear Mr. Lynch:
I regret to inform you that I must tender my resignation from the Board of Adjusnnent since I
no longer reside or own property within the City of Delray Beach.
I have enjoyed my service on the Board of Adjustment and I again thank you and the City
Commission for my appointment to the Board.
Sincerely J
~-
."
Earl R. Hahn
p.c. Michael Parks, Chair, Board of Adjustment
Anita Barba, Executive AssistaJ'lt
TOTAL P. 01
.
-
BOARD OF ADJUSTMENT 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Michael G. Park P PIP
Robin Bird P PIP
Cheryl Lee-Bennett P PIP
Peter Margolin (appn . 8/9 ~) A/A
i
I
Alternates I
C. Lee Wilder Ex A/A I
John Baccari (appn . 8/9 ~) PIp
.
.
BOARD OF ADJUSTMENT 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
, Robert Puzey P P P Ex P \ P I P
,
Michael Eisenrod p P P P P ! Off ~oard
Cheryl Lee-Bennett A P Ix P P P P
Michael G. Park P P P P P P P
.
I Jon Levinson P p P Ex P Off ¡ oard
I
; eg f P P P P P
Robin Bird (appnt /94
; Earl R. Hahn (appnt 8/9~) P Ex
, --
I
r
I
i
i Alternates I
,
Lee Wilder (appnt /94) I P
Russell Jennings ( ippnt 8/9¿) P
I . ~ - , I I
atten.doc
.:
-
.' CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
(~¡ NAME \JoH!J G. ~CG~
lafJ f!uot~ ~ .~A-
HOME ADDRESS (Street, City, Zip Code) (t AL RESIDENCE)
qcc ~. ~ fItI\ .0.& MIAMI)ÇL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 6- BUSINESS PHONE 30 5" - 'f l( (, - 7 7 9 7
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CtA.& ') ., ~AQj~,
~1tØ· OF ~ K-~. <Zœ "RAi':~ 11>.
~..U... ANc:> rcw,... IIMI'Ø.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ØIaOta~1ON \ C:;,A.e, 8Ø øp 1V:AJJØr~
EDUCATIONAL QUALIFICATIONS UNJ", 8ttett C!F ~n~
(
.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~, Mt;Ht'TEiCT» .~ ~t '-'C. ""',. I'J-.~~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
~ · s-MA.o1et>
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD IN S.c&Jnt P\.. A~ ~ V«s.
~r'WIS AIIO'titW£Y .~, ~
PLEASE ATTACH A BRIEF RESUME.
1 HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
r ~ ~~I Itt ero
DATE 4/90
.
,
.
l tlT¥ DF DELRA~J BERtI{
DELRAY BEACH
, , 0 . I D ..
bad 10(- N.W. 1st AVE~WE . DELRAY BEI>.CH, FLORiDA 33444 . 407/2437000
All-AmericaCity
, 'III!
1993 MEMORANDUM
DATE: October 20, 1995
TO: City Commission
FROM: David T. Harden, City Manager tJït1
SUBJECT: Stonnwater Assessment Fees for the Delray Oaks Site
As is detailed in the attached letter, the Palm Beach County Department of
I Environmental Resources Management is asking for relief from the stonnwater
assessment fees for the Delray Oaks ecosite which they are in the process of acquiring.
Essentially, the City has three alternative courses of action:
1. We could simply take the position that we will continue to assess and collect
stonnwater fees for this site. This is consistent With what we are doing on other
county owned properties within our city limits.
2. If the county enters into some kind of agreement with the City which gives the City a
significant degree of management control over this preservation park site, then it
might be appropriate for the City to pay the stormwater assessment fees. I believe
that we pay the fees for those county p~k properties which we lease from the county
in the beach area.
3. We could waive the fees. I would strongly recommend against waiving the fees for
the reasons outlined in the attached memo from the City Attorney.
I recommend that we notify Palm Beach County Department of Environmental Resources
Management that the City would be willing to accept responsibility for paying
stonnwater assessment fees for the Delray Oaks site if the CoUnty is willing to enter into
an agreement with the City for site management in a manner similar to the Leon Weekes
preserve.
r
DTH/mld
THE EFFO~7 ALW:'vS M.t,TTER2- '1;r
@ =-¡-~e-·o~ J:;;-,....~ ~a;.""
I . '" oJ .. _ . _. _
.
.
REC~IVED
Board of County Commissioners OCT - 2 ~unty Administrator [)£
Ken L. Foster, Chairman CITY M'" Robert Weisman
Burt Aaronson, Vice Chairman .: 1",,( p"'; .
Karen T. Marcus -
Carol A. Roberts Department of .' ~
Warren H. Newell Environmental Resources Manage.. ., t
Mary McCarty
Maude Ford Lee
September 26, 1995
Mr. David T. Harden, City Manager
City of De/ray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
SUBJECT: STORMWATER ASSESSMENT FEES FOR DELRAY OAKS SITE
We are pleased to Inform you that The Nature Conservancy has obtained an option contract from Florida
Power & Ught for their ownership In the Delray Oaks ecoslte. The acquisition of this ownership and the
acquisition of the A&A Associates ownership are scheduled to be considered by the Board of County
Commissioners on November 7th. The agenda Items will need to Include Information on any easements and
reservations encumbering the property. This Information will Include the stormwater assessment of
approximately $29 per acre on each of the three parcels.
In your letter to us dated AprU 27, 1995, you stated that the City may pay these fees, depending on how the )
property Is titled and how management of the property Is structured. The County Is paying the entire cost
of acquisition of the site, and wDl be the titleholder. The site development costs for fencing, slgnage, and
public access facilities, Including a parking lot, handlcapped-accesslble nature traU, and kiosk, wDI be paid
by the County, as will the majority of the management costs. We anticipate developing an Intertocal
agreement with the City, as our partner In the grant application for state matching funds, that would identify
the types of assistance In management that the City would provide. These activities could Include pickup
of trash, opening and closing the public access gate, and other contributed services. If the CIty paid the
stormwater assessment fee, this contribution also could be Included In the Interlocal agreement.
Please consider this Information and let us know as soon as possible If the CIty Is wAling to pay the
stormwater assessment fee, so that we may Inform the Board of your decision. Please feel free to contact
me or Kathieen Brennan at 407/233-2400 If you have any questions.
We appreciate your support of this acquisition, and look forward to working with you to protect the site and
to plan for the opening of the natural area for public use and enjoyment.
~~
Richard E. Walesky, Director
Environmental Resources Management
REW:KMB .
"An Equal Opportunity - Affirmative Action Employer"
@ ptinted on recycled paper 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406
(407) 233-2400 Suncom 274-2400
.
.
.
OCT 1 9 1995
CITY M~'" ~~_.... q¡:nr;:
.~ tlTY DF DELRAY BEA£H
CITY AnORNEY'S OFFICE 200 !\OW Isl AVENuE' DELRAY BEACH, FLORIDA 33444
FACSP.!ILE 407!278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
, L 0 I I D A
..... MEMORANDUM
AII·America City
, III I! DATE: October 17, 1995
1993 TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Stormwater Assessment for Delray Oaks Site and
New Law Reiardini Assessments on School PrQpertY
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Delray Oaks
I have researched the question regarding the waiver of special assessment fees for the
Delray Oaks property. The stormwater ordinance does not provide for a waiver for
county owned property. However, Chapter 30 of the Code of Ordinances does contain a
general waiver provision. A waiver for this property could be granted by the
Commission if the Commission determines that due to certain qualities or aspects this
property is unique and a waiver would be warranted. Granting a waiver may however
open the door to other such requests. The City could by contract pay the assessment.
This option may be preferable in this case.
For your information, Angela Rowe, in Stormwater Utilities, stated that the Delray Oaks
site consists of three parcels which are 3, 16.35 and 2.4 acre parcels for a total of 21.75
acres. The stormwater assessment for each acre in this area is $48.80 annually. This
results in a total assessment for the Delray Oaks property of $1,061.40 annually.
School Board Property
Attached please fmd a Supreme Court case of interest, Blake v. City of Tampa, and
other materials governing special assessments of governmental property. The case sets
forth that governmental property may be specially assessed by special enactment of the
legislature or by necessary implication.
School Board property may also be specially assessed but only upon special legislative
authority which expressly provides for such assessment.
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Memo to David Harden
October 17, 1995
Page 2 )
Previously, Florida Statute Sec. 235.34 sets forth the scope of the School Board's power
to pay certain special assessments. It was limited to the items listed in the statute. The
statute pennitted the School Board to pay for "sanitary and utility improvements". The
statute did not provide for stonnwater assessments. This statute was repealed effective
July 1, 1995.
However, the Legislature enacted Chapter 95-341 of the Laws of Florida, which created
a new Florida Statute 235.34. This new law gives municipalities the authority to
specially assess property, and gives the School Board authority to pay stonnwater
assessments. (See attached.) In light of the new law I believe we can now assess all
governmental properties including the School Board.
Any assessment on governmental or school board property .may not be collected by
execution, levy, or foreclosure.
Please call if you need anything further.
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SAR:jw )
Attachments
cc: Brian Shutt, Assistant City Attorney
storm.sar
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF OCTOBER 24, 1995
11.B. Comments and Inauiries on Non-Aqenda Items from the
Public - Immediatelv followinq Public Bearinqs.
11.B.l. Helen Coopersmith, 1222 South Drive Way, stated she is
speaking for those who live west of 1-95 and expressed concern
about certain types of uses (referred to as "schlock" or junk
shops) locating in some of the shopping centers in the west
(specifically mentioned was the old Phar-Mor plaza at Atlantic
Avenue & Military Trail) .
11.B.2. Lillian Feldman, 2500 Juniper Drive, agrees with Ms.
Coopersmith that west of I-95 should be as nice as east of I-95.
Secondly, Mrs. Feldman feels that Mayor Lynch's name
was not printed largely enough on the flyer for the Golf Course
Clubhouse opening. She feels the clubhouse is a beautiful place;
however, she has heard rumblings that more room is needed.
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13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
In response to Dr. Alperin's prior inquiry regarding
the maintenance of the Griffin Gate property located on South
Swinton Avenue, the City Manager reported the CRA is designated
as an advisory voting member of the Homeowner's Association for a
period of five years. The duties of the CRA are to provide
direction, leadership and education to the members of the
association, administer the financial affairs of the association,
and to be responsible and accountable for the appearance,
conduct, and maintenance of Griffin Gate. Lula Butler, Director
of Community Improvement, spoke with Sherry Johnson, Affordable
Housing Director for the CRA, and learned that the CRA voted
several months ago to take control of the development. In the
process of doing so, one thing they have learned is that the
Homeowner's Association fees have not been paid in a timely
fashion. Payments have been made to the developer by a few
homeowners. However, there is no escrow set aside through
mortgage payments. As a result of the poor collection and
payments, the City Manager stated there is no money available to
hook units up to City water as proposed to solve the rust
staining of the property. Therefore, the CRA will probably be
asking the City for funds to address this problem.
In response to Dr. Alperin's inquiry regarding an
amendment to the Police and Firefighters' Pension Plan which
allows benefits to continue to spouses who remarry, the City
Manager stated that Kathy Daley, the City's lobbyist, is still
researching this matter.
In response to Mayor Lynch's inquiry regarding the
closure on Eve Street in Tropic Isles, the City Manager stated
the planters were moved east of the alley. The City Manager
informed the Mayor that he will be receiving a letter from people
owning property in back of the alley who are unhappy with the
move.
The City Manager reported that, overall, he is very
pleased with the City's drainage in view of the recent heavy
rainfall and flooding. There were a few exceptions, most notably
on Nassau Street. Hopefully when the pump station is built to
serve Atlantic and Miramar, it should help the situation on
Nassau Street. Also, the streets in the Lakeview area were
flooded for several days. It is suspected that the drainage
lines are too small and are blocked in several different
locations. The City will need to have the lines cleaned out and
there is the possibility that larger lines will have to be
installed in the future.
13.B. City Attorney
The City Attorney has no comments or inquiries.
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l3.C. City Commission
13.C.l. Mrs. Smith
Mrs. Smith expressed her appreciation to Dr. Alperin
for his concern about the need for additional barriers between
the playground at the Community Child Care Center and Lake Ida
Road. Additional barriers will be installed.
l3.C.2. Dr. Alperin
Dr. Alperin reminded everyone about the School Board
meeting scheduled for tomorrow evening (Wednesday, October 25th)
at 6:00 p.m. He stated he would be attending and make a last
ditch effort to get the School Board to commit to participation
in the Seacrest property project. Mayor Lynch stated that he,
too, would try to attend the meeting.
l3.C.3. Mr. Ellinasworth
Mr. Ellingsworth cautioned the Commission to be
prepared to compete with Mr. Randolph in the upcoming Long-Drive
Contest at the golf course.
l3.C.4. Mr. Randolph
Mr. Randolph commented that as a result of the recent
Million Man March in Washington, D. C., some organizations are
beginning to hold rallies. Last evening a rally was held at Mt.
Olive Church and there was some discussion that perhaps it would
be better to hold these meetings at a location other than a
church. Mr. Randolph inquired as to the availability of City
facilities for this purpose? During discussion, Mayor Lynch
suggested the use of the second floor conference/training room at
the Fire Station headquarters on West Atlantic Avenue.
l3.C.5. Mavor Lvnch
Mayor Lynch commented that he feels the Arrow Trailer
Park on North Federal Highway is a nuisance to the City, and
asked if there is anything that can be done to clean it up? The
City Manager stated that efforts have been made to work with the
property managers and some progress has been made. The Mayor
concurred that it is somewhat better, but it still needs help.
Secondly, Mayor Lynch stated that he feels the City
needs to look at the issue of requiring increased setbacks for
buildings which are constructed to maximum allowable heights,
oftentimes in neighborhoods where they are out of character with
surrounding homes. He asked that this matter be referred to the
Planning and Zoning Board for review as soon as possible.
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Mayor Lynch asked for the Commission's approval to
write a letter on behalf of the "Friends of Sandoway" who will be
going out into the community in an effort to raise funds to
improve the building and for an operational budget to be used for
the educational facility. The Commission concurred.
Lastly, Mayor Lynch suggested we look into putting
signs with the "All America City" logo on the bridges over the
Intracoastal so that boaters on the waterway will know when they
are in Delray Beach and see the logo.
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ADDITIONAL ITEMS FROM THE OCTOBER 24TH MEETING:
(1) From Item 9.E., the discussion on landscaping for the
1-95 sound barrier walls. Staff was asked to report
back to the Commission on possible landscape
alternatives for the entire length of the wall on the
residential side as opposed to the I-95 side.
(2) From Item 9.F., the charitable contributions for fiscal
1996, staff was asked to look further into the Urban
League funding (i. e . amount of funding received from
other communities in relation to services provided by
the Urban League to those communities; why aren't they
doing more in Delray?)
(3) From Item 9.J., relief from stormwater fees for Delray
Oaks site. Two issues; one is the question of the
fees; the other is a reevaluation of the entire piece
remaining as environmentally sensitive 'Of LllC I:::utire
piece rcæ;:¡ining ::10 cfiv";'Luwnenté:Üly sens±-t4¥e or whether
only a portion should be, with the balance available
for development; what is the need for a passive area in
this location, etc. Consideration postponed to a
future meeting, with direction to staff to discuss
further with the County, Florida Communities Trust.
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£ITY DF DELIAY BEACH
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 . I D A. /O/f).1/ / 95 ~
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AI~America City MEMORANDUM ~ IJf to;}. ~
't II t! DATE: October 18, 1995 wl~~:~
1993
TO: City Commission c1f1Ø'l ~
'fl;.. ~....O
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution No. 76-95; Contract for Sale and Purchase of the Patel
PrQperty ~228 Seacrest Boulevard)
Our office has negotiated a contract with Mr. Patel for the purchase of the above-named
property . The Patel property contract contains the following essential terms:
1. Purchase price is $72,500.00.
2. If the City chooses to terminate the contract upon default of Seller, the
$100.00 earnest money will be returned to the City, or if the contract is
not terminated, the $100 earnest money shall be deducted from the
contract price. The City has the right of specific performance and other
remedies available at law if the seller defaults.
3. City to receive from Seller a Statutory Warranty Deed.
4. The City has sixty (60) days from the effective date of the contract to
perform inspections including an environmental audit and survey.
5. Closing is to occur within ninety (90) days of the effective date of the
contract.
6. The City shall pay the cost of recording the deed, all costs and premiums
for the owner's marketable title insurance commitment and policy.
7. The Seller shall pay all Documentary Stamps, all costs necessary to cure
title defects and to obtain a satisfaction or release of record of all
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City Commission
October 18, 1995
Page 2
existing mortgages on the property, taxes through the date of closing,
and assessments. Each party is to bear their own attorney's fees.
The attached resolution incorporates the legal description and the Contract for Sale and
Purchase and addenda. By copy to David Harden, City Manager, our office requests
that the aforesaid documentation be placed on the City Commission October 24, 1995
regular agenda for consideration by the Commission. Please call if you have any
qu~
SAR:ci
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
patellO.sar
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RESOLUTION NO. 76-95
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
,I DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
q
I BEACH COUNTY, FLORIDA, LOCATED AT 2228 SEACREST
I
BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN,
I HEREBY INCORPORATING AND ACCEPTING THE CONTRACT
I:
II STATING THE TERMS AND CONDITIONS FOR THE SALE AND
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I PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRA Y
BEACH, FLORIDA.
I WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located
I
I at 2228 Seacrest Boulevard; and,
I¡
'I WHEREAS, the Seller, Rajesh K. Patel, desires to sell the property hereinafter described
Ii
Ii to the City of Delray Beach, Florida; and,
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d WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase
¡i said property for the purpose of providing land for the construction of a recreational and educational
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íi facility and for other municipal purposes.
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!: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
¡I
¡ CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Rajesh K. Patel, as Seller, land for the purchase price of seventy two
: thousand five hundred dollars ($72,500.00), and other good and valuable consideration; said parcel being
I more particularly described as follows:
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I See Attachment A
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Ii Section 2. That the terms and conditions in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and Rajesh K. Patel are attached hereto as
II Attachment B and incorporated herein.
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ii PASSED AND ADOPTED in regular session on the 2 ~ ' 1995.
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ATTEST:
i OtÑJr7'1l)lI"&r hhnr
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, City Clerk
I patel.ord
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Attachment A
The North 150 feet of the South 290 feet of the East 170 feet of South one-half
of the Northwest one-quarter of the Southwest one-quarter of the Southwest
one-quarter, Less East 40 feet for road right-of-way, Section 4, Township 46
South, Range 43 East, Palm Beach County, Florida, also described as:
Commencing at an iron rod on the westerly right-of-way line of Seacrest
Boulevard, which is 140 feet North of and 40 feet West of the southeast comer
of the Northwest one-quarter of the Southwest one-quarter of the Southwest
one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida; thence run South 89° 47' 35" West for a distance of 130 feet
to a concrete monument; thence run North 0° 32' 25" West a distance of 150
feet to a concrete monument; thence run North 89° 47' 35" East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest
Boulevard; thence run South 0° 32' 25" East along the westly right-of-way line
of Seacrest Boulevard a distance of 150 feet to the point of beginning.
LESS AND EXCEPT any portion of the property used for public right-of-way.
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AGREEMENT FOR PURCHASE AND SALE
This Agreement for Purchase and Sale, is made and entered into as of the ..24tlL day of
October , 1995 by and between RJûesh K. Patel (Seller), and the City of Delray
Beach, Florida, a municipal corporation (hereinafter referred to as the "Purchaser").
WITNESSETH'
1. DEFINITIONS. The following terms as used herein shall have the following
meaning:
1.1. "A lreement" - this instrument, together with all exhibits, addenda and
proper amendments hereto.
1.2. "Closinll Date" - the meaning ascribed thereto in Section 6.2 of this
Agreement, unless extended by the terms of this Agreement, or by mutual consent of the
parties.
1.3. "Effective Date" - the effective date of Agreement shall be the date upon
which the City of Delray Beach Commission shall have approved the execution of this
Agreement at a formal meeting of Board.
1.4 "Im¡pection Period" - that certain period of time commencing upon the
Effective Date and terminating sixty (60) days thereafter.
1.5 "Permitted Exa:ptions" - those exceptions to the title of the Property as
set forth in Exhibit "B" hereto attached, together with any other title matters that may be
waived in writing by the Purchaser.
1.6 "Real PrQperty" - the real property legally described in Exhibit "A"
attached hereto and made a part hereof, together with all improvements situate thereon.
1.7 "Tan lible Personal PrQperty" or "Personal PrQperty" - All of Sellers
right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet,
drapes, and other personal property, if any, located on or about the land and the improvements
used in the operation and maintenance thereof.
2. SALE AND PURCHASE. In consideration of the mutual covenants herein
contained, and various other good and valuable consideration, Seller agrees to sell and convey
to Purchaser and Purchaser agrees to purchase from SeUer, on the terms, covenants and
conditions hereinafter set forth, the Real Property, and Personal Property together with all
right, title and interest of Seller in and to any and all streets, roads, highways, easements,
accesses and rights of way appurtenant to the Real Property, together with all improvements
located thereon, if any.
3. PURCHASE PRICR AND METHOD OF PAYMENT.
3.1 Purchase Price. The purchase price of the Property shall SEVENTY
TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500.00).
3.2. Payment of Purchase Price. On the Closing Date, Purchaser shall pay at
the City's election, by wire transfer of immediately available United States currency or by
City check, the total amount of the purchase price of the Property, in United States Currency,
subject to any adjustments, credits and prorations as herein provided.
3.3. Earnest Money. Purchaser has delivered to Seller ONE HUNDRED
AND 00/100 DOLLARS ($100.00) in cash (such amount together with all interest, if any,
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earned thereon being referred to as the "Earnest Money"). If the sale of the property is
consummated pursuant to terms of this Agreement, the "Earnest Money" shall be applied to
the payment of the purchase price. If Purchaser terminates this Agreement in accordance with
any right to terminate that Purchaser is granted by the terms of the Agreement, the "Earnest
Money" shall be immediately returned to Purchaser.
4. ACKNOWIÆDGMENTS REPRESENT A TIONS AND WARRANTIES OF
SELLER.
As a material inducement to Purchaser to enter into this Agreement, Seller
hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as
follows:
4.1. That Seller is indefeasibly seized of marketable, fee simple title to the
Property, and is the sole owner of and has good right, title and authority to convey and
transfer the Property which is the subject matter of this Agreement, free and clear of all liens
and encumbrances, excepting only the Permitted Exceptions.
4.2 That there is no litigation, investigation or proceeding pending, or to the
knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perform
its obligations under this Agreement.
4.3 That there are no judicial or administrative actions, suits or judgments
affecting the Property, including without limitation, any such laws, ordinances, rules or
regulations of any governmental authority having jurisdiction of the Property.
4.4 That there are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or sewer
authority, school district, drainage district or any other special taxing district.
4.5 There are no condemnation, environmental, zoning or other land-use
regulation proceedings, either instituted, or planned to be instituted with regard to the
Property .
4.6 On the Closing Date there will be no outstanding contracts made by
Seller for any improvements to the Real Property which have not been fully paid for and Seller
shall cause to be discharged all construction liens arising from any labor or materials furnished
to the Property prior to the time of Closing.
4.7 All documents executed or to be executed by Seller which are to be
delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller.
4.8 There are no service contracts affecting the Property which will survive
Closing.
4.9 That all ad valorem real property taxes for the Property have been fully
paid for the year 1994, and all prior years.
4.10 That Seller has entered into no other contracts for the sale of any portion
of the Property which remain in force.
4.11 That the Property has not in the past been used, and is not presently
being used, for the handling, storage, transportation, or disposal of hazardous or toxic
substances, wastes or materials.
4.12 It is a condition precedent to closing that all of the representations and
warranties of Seller contained in this Agreement shall continue to be true as of the Closing
Date, and shall be deemed to be restated and affIrmed as of the Closing Date without the
necessity of Seller's execution of any document with respect thereto. In the event that any of
the Seller's representations shall prove to be materially untrue, Purchaser shall have the right
to (i) terminate this Agreement at any time prior to closing upon written notice by Seller,
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whereupon the parties shall be relieved of all further obligation hereunder; or (ii) proceed to
close upon this Agreement without thereby waiving any claim or cause of action against Seller
for misrepresentation or breach of warranty .
5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and
its engineers, surveyors, agents and representatives shall have access to the Property upon
reasonable notice for purposes of survey, testing and inspection thereof. All surveys, testing
and inspections shall be conducted by Purchaser at its expense, and shall be performed by
licensed persons or fInns dealing in the respective areas or matters tested. All testing shall be
done in the least intrusive manner, and Purchaser agrees to indemnify Seller to the extent
permitted by law from and against any and all loss, damage, cost, expense and/or liability of
whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and
invites entry upon and inspection of the Property . Notwithstanding the foregoing, the
foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the
results of said inspections as may be required by applicable law. In the event that such
inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and
absolute discretion, Purchaser shall have the right to terminate this Agreement at any time
during the Inspection Period by giving written notice thereof to Seller, whereupon the parties
shall be relieved of all further obligation hereunder.
6. CLOSING. The parties agree that the Closing upon the Property shall be
consummated as follows:
6.1 Place of Closini. The closing shall be held at a mutually acceptable
located to Seller and Purchaser.
6.2 Closini Date. The closing shaH take place within thirty (30) days after
expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the ~
parties. However, it is expressly understood that the closing on this property shall be
contingent upon the Purchaser's closing on the property owned by NationsBank, located at
2200-2300 Seacrest Boulevard. If the closing on the NationsBank property does not occur for
any reason, then the Purchaser shall have no obligation to close on the property. That is the
subject of this Agreement.
6.3 Closini Documents. At closing, Seller shall deliver or cause to be
delivered to Purchaser, the following documents, each fully executed and acknowledged as
required.
6.3.1 Statuto(y Warranty Deed. A Statutory Warranty Deed conveying good
and marketable fee simple title to the property, subject only to the Permitted Exceptions.
6.3.2 Affidavit of Seller. An Affidavit with respect to construction lien in
form sufficient to permit a title insurer to delete the "construction lien" exception from the
title insurance policy, and stating that the Property is free and clear of all encumbrances,
leases, licenses, contracts or claim of rights, which claims may serve as the basis of a
construction lien.
6.4 Possession. At closing Seller shall deliver full, complete and exclusive
possession of the Property to the Purchaser.
6.5 Purchaser's Obli2ations. At closing, Purchaser shall deliver, or
cause to be delivered, to Seller, the following:
6.5.1 Cash due at Closin2. The required payment due as cash due at closing
as provided elsewhere herein.
7. EVIDENCE OF TITLE.
7.1. Within thirty (30) days after the Effective Date of this Agreement, the
Purchaser shall obtain an owner's title insurance commitment issued by a title insurance
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company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the
Statutory Warranty Deed to the Real Property, an owner's marketability title insurance policy
in the amount of the purchase price, insuring the marketability of the fee title of the Purchaser
to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment
and policy and any premium thereafter shaH be borne by Purchaser.
The Purchaser shall have until the end of the Inspection Period, in which to review
same. In the event the title insurance commitment shall show as an exception any matter other
than the Permitted Exceptions, Purchaser shall notify SeHer of Purchaser's objection thereto,
and SeHer shall act with reasonable effort to remove such exception(s), which exceptions shall
be deemed to constitute title defects. The Seller shall be entitled to ninety (90) days from the
date of notification by Purchaser (with adjournment of the Closing Date if necessary) within
which to cure such defects or to make arrangements with the title insurer for the removal of
any such objections from the commitment, however, SeHer shall have the option of
discharging any such matters at closing out of the closing proceeds. If the defect(s) shaH not
have been so cured or removed from the commitment by endorsement thereto at the
termination of the said ninety (90) day period, Purchaser shall have the option of: (a)
accepting title to the Property as it then exists; or (b) terminating this Agreement, by giving
written notice thereof to Seller, in which event the parties shall be relieved of aH further
obligation hereunder.
7.2 SeHer shall deliver to Purchaser prior to the Closing an endorsement of
the commitment making it effective to within five (5) days of the Closing Date. At closing,
the title insurance commitment shall be endorsed to remove any and all requirements or
preconditions to the issuance of an owner's marketability title insurance policy, and to delete
any exceptions for: (a) any rights or claims of parties in possession not shown by the public
records; (b) encroachments, overlaps, boundary line disputes and any other matters which
would be disclosed by an accurate survey and inspection of the Property; (c) unrecorded
easements and claims of easements (d) unrecorded and construction liens or claims of liens; (e)
taxes for the year of closing and all prior years; (f) matters arising or attaching subsequent to
the effective date of the commitment but before the acquisition of record of the fee simple title
to the Real Property by the Purchaser.
7,3 From and after the Effective Date of this Agreement, SeHer shall take no
action which would impair or otherwise affect title to any portion of the Property, and shall
record no documents in the Public Records which would affect title to the Real Property,
without the prior written consent of the Purchaser.
8. SURVEY' Purchaser shall have the right, within the time period provided in
Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the
Real Property and aH improvements thereon. Said survey shall be prepared in accordance with
the minimum technical standards for surveys within the State of Florida. If the survey reveals
any encroachments, overlaps, boundary disputes or other defects, other than the Permitted
Exceptions, which affect marketability of the Property, the same shall be treated as title
defects as described in Section 7 of this Agreement and Purchaser shall have the same rights
and remedies as set forth therein.
9. RADON GAS. Radon is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon testing may be obtained
from your County public health unit.
10. EXPENSES. Purchaser shall be responsible for preparation of all closing
documents. Purchaser shall submit copies of same to SeHer no less than five (5) days before
scheduled closing.
10.1 Purchaser shall pay the following expenses at closing.
10.1.1 The cost of recording the deed of conveyance.
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10.1.2 All costs and premiums for the owners marketable title
insurance comittment and policy.
10.2 Seller shall pay the following expenses at closing.
10.2.1 Documentary Stamps required to be affIxed to the deed of
conveyance.
10.2.2 All costs necessary to cure title defect(s) or encumbrances,
other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages
upon the Property.
10.3 The Seller and Purchaser shall each pay their own attorney's fees.
11. PRORATIONS. On or before the Closing Date, Seller shall establish an escrow
fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall
pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of
closing as determined by the Tax Collector. Any outstanding taxes for years prior to 1995
shall be paid by Seller.
12. ASSESSMENTS. If on the Closing Date, the Property or any part thereof shall
be or shall have been affected by assessments, which are, or which may become payable in
annual installments, of which the fIrst installment is then a charge or lien, or has been paid,
then for the purposes of this Agreement, all of the unpaid installments of any such
assessments, including those which are to become due and payable after the Closing Date,
shall be deemed to be due and payable and to be liened upon the premises affected thereby,
and shall be paid and discharged by the Seller on or before Closing Date.
13. CONDEMNATION. In the event that all or any part of the Property shall be
acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun by a governmental entity other than
Purchaser prior to the closing of this transaction, Purchaser shall have the option to either
terminate this Agreement, and the obligations of all parties hereunder shall cease, or to
proceed, subject to all other terms, covenants, conditions, representations and warranties of
this Agreement, to the closing of the transaction contemplated hereby and receive title to the
Property, receiving, however, any and all damages, awards or other compensation arising
from or attributable to such acquisition or condemnation proceedings. Purchaser shall have
the right to participate in any such proceedings.
14. REAL EST ATE BROKER. Seller and Purchaser each represents and warrants
to the other that it has not dealt with any broker, salesman, agent or fmder in connection with
this transaction. Without limiting the effect of the foregoing to the extent permitted by law,
each party agrees to indemnify, defend and save the other harmless from the claims and
demands of any real estate broker, other than broker, claiming to have dealt with the
indemnifying party. Such indemnity shall include, without limitation, the payment of all costs,
expenses and attorney's fees incurred or expended in defense of such claims or demands. The
terms of this Section shall survive the closing or termination of this Agreement.
15. FIRPT A. Seller represents and warrants to Purchaser that Seller is not a
"foreign person" as defIned by the Federal Foreign Investment in Real Property Tax Act, (the
"Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign
CertifIcate", as required by the Act. Seller acknowledges that in the event Seller fails to
deliver the Non-Foreign CertifIcate, Purchaser shall be authorized to withhold from the closing
proceeds an amount equal to ten percent (10%) of the gross amount of the purchase price, and
to remit same to the Internal Revenue Service, as required by the Act.
16. NOTICES. All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shan be in writing and shan be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States CertifIed Mail, with Return-Receipt Requested.
5
,
.
The effective date of any notice shall be the date of delivery of the notice if by personal
delivery, courier service or Federal Express, or if mailed, upon the date which the return
receipt is signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
16.1 Purchaser:
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq.
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (407) 243-7091
Fax: (407) 278-4755
16.2 Seller:
Rajesh K. Patel
l09A East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (407) 738-5616
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
17. ASSIGNMENT. Neither Purchaser nor Seller shall assign this Agreement or
any interest herein without the prior written consent of the other party.
18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is
commenced with respect to interpretation or enforcement of this Agreement, the prevailing
party therein shall be entitled to recover all costs, expenses and fee, including, without
limitation, reasonable attorney's fees, expended or incurred by such party in connection
therewith, including any such costs expenses and fees upon appeal and in post judgment
proceedings.
19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant,
or condition of this Agreement, Purchaser shall, in addition to any other remedies provided at
law or in equity, have the right of specific performance thereof.
20. GOVERNING LAW & VENUE. This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective legal representatives, successors and
assigns.
6
.
22. NO RECORDING. Neither this Agreement, nor any memorandum or short
form hereof, shall be recorded in the Public Records of Palm Beach County, Florida.
23. TIME OF ESSENCE. Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
24. INTEGRATION. This Agreement constitutes the entire understanding and
Agreement between the parties with respect to the subject matter hereof, and may not be
modified or amended, except in a writing signed by all of the parties hereto.
25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach.
26. HEADINGS. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
[This page is intentionally left blank]
7
,
.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
Signed, sealed and delivered
in the presence of:
Date of Execution by Seller:
1 ) 7 ~, 1995
WITNESSES: RAffiSH K. PATEL
~¡¿Jú,uz ~JJ
WI sIgnature
jOtl-llhCi WGAvet€..
Name Printed or Typed
State of Florida
County of ~Im P-PaJ¡ 1...
The foregoing instrument was acknowledged before me this (tl. day of
S..-pkmbeL ,1995 by ~Q~-esl k:. PokL- (name of person
acknowledging), . who is personally known to me or who has produced
FII'I . Dr-, ~r5 L. Ce r> s.c...
~ 'P 3'-10 - ,3 - (., 0 - 3C-¡ - 0 (type of identification) as identification and who
did (cfiti-ftet) take an oath.
Ca.-A~ J)
Signatur f Notary Pub~
of Florida
C o..+~~ 1"; t"I-€ -¡:-~ I es~
Print, Ty e, or Stamp Nam f
Notary Public
~~9.Y þ(¡#. O"ICIAL NOTA"Y SEAL
O.~ CATHI"INIINClLUI
~ <; COMMISllON NUMII"
~ « CC3I40U
"1' 01 MY COMMIISION IX'.
0, f~.lU 11..
8
.
Date of Execution by Purchaser:
October 24, , 1995
CITY OF DELRA Y BEACH, FLORIDA,
a Florida municipal corporation
By,~L _
Title: r
ATTEST:
~~
~ City Clerk
APPROVED AS TO~ AND
~ SU,FICIEN .
1~" (, ~
City Attorney
patel.agt
9
,
·
EXHIBIT "A"
lhe North 150 feet of the South 290 feet of the East 170 feet of South one-half of the
Northwest one-quaner of the Southwest one-quaner of the Southwest one-quarœr; Less East
40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
County, florida, also described as:
#
/ Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is
140 feet North of and 40 fe:r West of the southeast corner of the Northwest one-quaner of the
Southwest one-quaner of the Southwest one-quaner of Section 4, Townslúp 46 South, Range
43 East, Palm Beach County, Florida; thence run South 89° 47' 35" West for a distance of
130 feet to a concrete to a concrete monument; thence run North 0° 32' 25" West for a
distance of 150 feet to a concrete monument; thence run North 89° 47' 35" East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run
South 0° 32' 25" East along the westerly right-of-way line of Seacrest Bouleyyd a distance of
150 feet to the point of beginning. --
LESS AND EXCEPT any portion of the property used for public right-of-way.
.-
-"
Tax ID Number or Folio Number
of Property:
Grantee's Social Security Number or
Tax ID Number
EXHIBIT B
Prepared by and
AFTER RECORDING RETURN TO:
Susan Ruby, Esq.
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
STATUTORY WARRANTY DEED
RAJESH K. PATEL, ("Grantor") whose address is ,
for and in consideration of the sum of TEN AND NO/loo DOLLARS ($10.00) paid to Grantor and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
as GRANTED, SOLD and CONVEYED and does hereby GRANT, SELL and CONVEY unto the City
of Delray Beach, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 in fee simple
title, that certain land located in Palm Beach County, Florida, being more particularly described in
Exhibit A, attached hereto and incorporated herein by reference, together with all improvements, if
any, located on such land (such land and improvements being collectively referred to as the
"Property").
This conveyance is made and accepted subject to all matters (the "Pennitted Exceptions") set
forth in Exhibit B, attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances pertaining thereto, including all of Grantor's right, title and interest in and to adjacent
streets, alleys and rights-of-way, subject to the Pennitted Exceptions, unto Grantee and Grantee's heirs,
successors and assigns forever. And Grantor hereby covenants with Grantee that, except as above
noted, that at the time of the delivery of this Warranty Deed the Property was free from all
encumbrances made by it and that Grantor will warrant and defend the same against the lawful claims
and demands of all persons claiming by, through or under Grantor, but against none other.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of
the _ day of ,199_
WITNESS: RAJESH K. PATEL
Name: Grantor
Name:
.
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
-
, 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
.
EXHIBIT "A"
ihe North 150 fee: of the South 290 feet of the East 170 feet of South one-half of the
Northwest one-quaner of the Southwest one-quarter of the Southwest one-quaner; Less East
40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida, also descn'bed as:
..
/ Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is
140 feet North of and 40 feet West of the southeast corner of the Northwest one-quaner of the
Southwest one-quarteI' of the Southwest one-quaner of Section 4, Township 46 South, Range
43 East, Palm Beach County, Florida; thence run South 89° 47' 35" West for a distance of
130 feet to a concrete to a concrete monument; thence run North 0° 32' 25" West for a
distance of 150 feet to a concrete monument; thence run North 89° 47' 35" East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thenc:: run
South 0° 32' 25" East along the westerly right-of-way line of Seacrest Bouley~d a distance of
150 feet to the point of beginning. --
LESS AND EXCEPT any portion of the property used for public right-of-way.
.-
--
. .
.
.
EXlHBIT B TO STATUTORY WARRANTY DEED
PERMITIED EXCEPTIONS
TO DEED
1. Taxes and assessments for the year of 1995 and subsequent years, which are not yet due and
payable.
.
.
EXmBIT C
BILL OF SALE
MID
ASSIGNMENT
RAJESH K. PATEL, [1]("Assignor"), for and in consideration of the sum of TEN AND
NO/1oo DOLLARS ($10.00) and other good and valuable consideration paid to Assignor by [2] the
City of Delray Beach ("Assignee"), the receipt and sufficiency of which are hereby acknowledged, has
ASSIGNED, SOLD, CONVEYED and DELIVERED, and does hereby ASSIGN, SELL, CONVEY
and DELIVER unto Assignee, its successors, heirs, executors, administrators personal representatives
and assigns, all of Assignor's right, title and interest, if any, in and to the following:
1. All of the fixtures, equipment, machinery, furniture and other personal property (the
"Personal Property") placed or installed on or about the real property (the "Real Property") being
more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and,
2. All intangible property (the "Intangible Property") pertaining to the Real Property or
the Personal Property or the use thereof including, without limitation, transferable utility contracts,
transferable telephone exchange numbers, plans and specifications, engineering plans and studies, floor
plans and landscape plans relating to the same or any part of the same.
3. The Assignor for itself and its successors, covenant to and with the Assignee, its
successors and assigns, that it is the lawful owner of the personal property and intangible property; that
they are free from all encumbrances; that it has good right to sell the aforesaid, and that it will warrant
and defend the sale of the personal property and intangible personal property on behalf of the Assignee,
its successors and assigns, against the lawful claims and demands of all persons whomsoever.
By acceptance of this Bill of Sale, Assignee accepts and agrees to all matters set forth herein.
EXECUTED this _ day of ,199_
RAJESH K. PATEL
WITNESSES:
Name:
Name:
.
.
EXHIBIT "A"
fhe North 150 feet of the South 290 feet of the East 170 feet of South one-half of the
Northwest one-quarœr of the Southwest one-quarter of the Southwest one-qua.rœr; Less East
40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida, also descnòed as:
#
/ Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is
140 feet North of and 40 feet West of the southeast corner of the Northwest one-quaner of the
Southwest one-quarrer of the Southwest one-quarœr of Section 4, Township 46 South, Range
43 East, Palm Beach County, Florida; thence run South 890 47' 35" West for a distance of
130 feet to a concrete to a concrete monument; thence run Nonh 00 32' 25" West for a
distance of ISO feet to a concrete monument; thence run North 890 47' 35" East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run
South. 00 32' 25" East along the westerly right-of-way line of Seacrest Bouley~ a distance of
150 feet to. the point of beginning. --
LESS AND EXCEPT any portion of the property used for public right~f-way.
.-
--
.
I
. - ~
,'-
[IT' DF DELRA' BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVE1'\UE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F L 0 . I D A
....... ~5/ð
AI~America City MEMORANDUM
, lilt! ,oJ;tIlq5
DATE: October 18, 1995
1993 City Commission
TO:
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution No. 77-95 and Contract for Purchase of the Nationsbank
Property (2200 - 2300 Seacrest Boulevard) and Escrow Agreement
Our office has negotiated a contract for the purchase of the Nationsbank property. The
essential tenns of the contract are set forth below.
1. Purchase price of $315,000.00.
2. Earnest money of $100.00 to be kept by Seller if the City breaches or
, terminates the agreement. The only remedy of the City if the Seller breaches
the agreement is to refund the $100.00 earnest money to the City. No other
remedies are available.
3. Seller shall give the City a special warranty deed which requires the City to
accept the property "as is", which includes environmental problems, if any,
at the site.
4. The City has 60 days to perfonn inspections, including an environmental
, audit and survey.
5. The City may terminate the agreement if there are title defects or
environmental problems unacceptable to the City or for any other reason.
6. Closing to occur within 90 days after the effective date of the agreement.
Nationsbank desires to close on the property prior to the end of this year, if
possible.
7. Nationsbank shall pay for the title commitment and premium for the owners
policy, preparation of the deed, costs to cure title defects if they elect to cure
/0.8.
® p"r'~-; -- Sé'- ,^,~j Panc'
. ,., '_ - '- ~,-.} ~,~. ¡-' I
,
.
City Commission
October 18,1995
Page 2
the defects or encumbrances and to satisfy or release existing mortgages,
documentary stamps, tangible or intangible taxes, if any, pending special
assessments and taxes due to the date of closing.
8. The City is to pay the contract price set forth above and, all recording costs,
pending special assessments, if any, costs of inspections and/or surveys.
Each party will pay its own attorney's fees.
The attached resolution incorporates the legal description and a copy of the contract. By
copy of this memorandum to David Harden, our office requests that the contract and the
resolution and attachments be placed on the regular City Commission agenda of October
24, 1995 for consideration. Please call if you have any questions.
@L
SAR:smk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
patel-2.sar
.
.
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RESOLUTION NO. 77-95
¡'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, LOCATED AT 2200-2300 SEACREST
, BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN,
"
HEREBY INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
! PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRA Y
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located
at 2200-2300 Seacrest Boulevard; and,
WHEREAS, the Seller, NationsBank of Florida, N.A., desires to sell the property
hereinafter described to the City of Delray Beach, Florida; and,
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase
said property for the purpose of providing a recreational/educational facility and other municipal:
~~. I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, I
hereby agrees to purchase from NationsBank of Florida, N.A., as Seller, land for the purchase price of ¡
three hundred fifteen dollars ($315,000.00), and other good and valuable consideration; said parcel being ¡
more particularly described as follows:
See Attachment A
Section 2. That the terms and conditions in the contract for sale and purchase, addenda I
thereto, and escrow agreement between the City of Delray Beach, Florida and NationsBank of Florida, I
N.a., are attached hereto as Attachment B and incorporated herein.
PASSED AND ADOPTED in regular session on the~~~ 1995. !
ATl'EST: M A I
Qt 4m> 'Il)1£')() "pd!a 7h¡ ,
City Clerk I
nations.ord
!
.
.
Attachment A
Parcell:
The East 340 feet of the Northwest quarter of the Southwest quarter of the
Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm
Beach County, Florida, LESS the following described parcels:
1. The South 15 feet of the above-described parcel;
2. The East 40 feet of the above-described parcel;
3. The West 130 feet of the East 170 feet of the North 150 feet of the South
290 feet of the above-described parcel;
4. The North 125 feet of the South 140 feet of the East 265 feet of the West
305 feet of the above-described parcel.
Parcel 2:
The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the
South 140.00 feet of the Northwest quarter of the Southwest quarter of the
Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm
Beach County, Florida.
.
.
~ .
Attachment B
Property Identification No.: 11010194
Property Name: 2200 - 2300 Seacrest Boulevard.
PURCHASE AND SALE AGREEMENT
(Improved Property)
THIS PURCHASE AND SALE AGREEMENT (this - Agreement-) is made between NA TIONSBANK
OF FLORIDA, N.A., a national banking association (-Seller-), and CITY OF DELRA Y BEACH, FLORIDA,
a municipal corporation (-Purchaser-).
In consideration of the mutual covenants herein contained, Seller and Purchaser agree as
follows:
1.
PURCHASE AND SALE
1.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller
hereby agrees to sell and convey to Purchaser, and Purchaser hereby agrees to purchase from Seller,
the following described property (herein collectively called the -Property-):
(a) .Li.!:!.d.. That certain tract of land (the -Land-) located in Palm Beach County,
Aorida, being more particularly described on Exhibit A, attached hereto and incorporated herein
by reference together with all improvements, if any, located thereon;
(b) Easements. All easements, if any, benefitting the Land; and
(c) Richts and ADDurtenances, All rights and appurtenances pertaining to the
foregoing, if any, including any right, title and interest of Seller, if any, in and to adjacent
streets, alleys or rights-ot-way.
(d) ImDrovements. All improvements (the -Improvements-) in and on the Land.
(e) Tancible Personal ProDertv. All of Seller's right, title and interest in all
appliances, fixtures, equipment, machinery, furniture, carpet, drapes and other personal
property, if any, located on or about the Land and the Improvements or used exclusively in the
operation and maintenance thereof (the -Tangible Personal Property-).
2.
PURCHASE PRICE
2.1 Purchase Price. The purchase price (the -Purchase Price-) for the Property shall be
THREE HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS ($315,000.00) and shall be paid by
Purchaser to Seller at the Closing (as defined in Section 6.1 ). The Purchase Price shall be payable at
Closing in United States currency as provided in Section 6.6(a) below.
3.
EARNEST MONEY
3.1 Earnest Monev. Purchaser has delivered to Jack Lupo Realty, Inc. (the -Escrow Agent-)
as escrow agent, the sum of ONE HUNDRED AND NO!1 00 DOLLARS ($100.00) in cash (such amount,
together with all interest, if any, earned thereon being referred to as the -Earnest Money-), to be
invested by the Escrow Agent in an account as Purchaser and Seller shall direct. If the sale of the
Property is consummated pursuant to the terms of this Agreement, the Earnest Money shall be paid
.
,
.
to Seller and applied to the payment of the Purchase Price. If Purchaser terminates this Agreement in
accordance with any right to terminate that Purchaser is granted by the terms of this 'Agreement,' the .. , ' : '; .. ~ I
Earnest Money shall be immediately returned to Purchaser, and no party hereto shall'have any further
obligations under this Agreement except for the obligations specified in Section 4.2 and Section 10.2.
Simultaneously herewith, Purchaser and Seller shall enter into with Escrow Agent an Escrow
Agreement in a form acceptable to Seller, with regard to the rights and obligations of Escrow Agent, ~ - "-.'
as escrow agent, and Purchaser and Seller with regard to the Earnest Money.
4.
CONDITIONS TO CLOSING
4.1 Deliverv of Title Commitment and Survev.
(a) Seller shall deliver to Purchaser (at Seller's expense) within fifteen (15) days
after the date hereof, a commitment for title insurance (the wTitle CommitmentW) for an
Owner's Policy of Title Insurance issued by a title company mutually acceptable to Sèller and
Purchaser (wTitle CompanyW), together with copies of any restrictive covenants, easemênts, and
other items listed as title exceptions therein. Purchaser may obtain, at Purchaser's option and,
expense, a current survey of the Property (the WSurveyW) prepared by a licensed surveyor.
(b) Purchaser shall have ten (10) days after receipt of the Title Commitment or the ' ~. : .. r;-,
end of the Inspection Period, whichever is later (the W Approval PeriodW) within which to approÝe ",- , ' - - "
or disapprove the Title Commitment and the Survey (if any), including the information reflected
therein, such approvals or disapprovals to be within Purchaser's sole discretion. If Purchaser .'
fails to disapprove any such item by written notice to Seller within the Approval Period, ',-
Purchaser shall be deemed to have approved such item. If Purchaser disapproves any such ' :, ....
item by written notice to Seller during the Approval Period, Seller shall have the right'(without-'.'--' --~'--
any obligation to do so) to cure or attempt to cure Purchaser's objections to such item within
ten (10) days after Purchaser's notice of disapproval, or, if sooner, by the Closing Date (as'
hereinafter defined). In the event Seller is unable to or elects not to cure anyone or more of
Purchaser's objections pursuant to this Section 4.1 and Section 4.2 below, Seller måynòtify
Purchaser in writing of such election. Purchaser shall have ten (10) days after receiving Seller's
notice of its election not to cure to notify Seller as to whether Purchaser intends (i) to' waive
its objections and commence to close this Agreement or (ii) to terminate this Agreement, in
which event the Escrow Agent, shall return the Earnest Money to Purchaser and the· parties
shall have no further liability to one another, except as specifically set forth herein>"" the
event Purchaser fails to notify Seller of its election within the ten (10) day period after receiving
notice of Seller's election not to cure Purchaser's objections, Purchaser shall be deemed to . ...
have waived its objections and the parties shall commence to close this Agreement. The term c _.
wPermitted Exceptionsw, as used herein, shall mean m the title exceptions listed in Schedule B ;~; . ", ."
of the Title Commitment which Purchaser approves or is deemed to approve pursuant to this
Section 4.1. and (ii) the exceptions listed on the Special Warranty Deed attached as :EXhibit B
hereto.
(c) Seller shall deliver to Purchaser prior to the Closing an endorsement of the Title
Commitment making it effective to within five (5) days of the Closing Date. At CloSing, the
Title Commitment shall be endorsed to remove any and all requirements or preconditions to the
Issuance of an owner's title insurance policy, and to delete any exceptions for: (i) any rights
or claims of parties in possession not shown by the public records; (in encroachments,
overlaps, boundary line disputes and any other matters which would be disclosed by an
accurate survey and inspection of the Property, provided Purchaser submits the Survey to the
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Title Company prior to Closing; (iii) unrecorded easements and claims of easements; (iv)
unrecorded and construction liens or claims of liens; (v) taxes for the year of closing and all
prior years; (vi) matters arising or attaching subsequent to the effective date of the Title
Commitment but before the acquisition of record of the fee simple title to the Property by the
Purchaser.
(d) From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record no
documents in the Public Records which would affect title to the Property, without the prior
written consent of the Purchaser.
4.2 Insnection. Purchaser may inspect the Property at any reasonable time within sixty (60)
days of the date of this Agreement (the -Inspection Period-). If such inspection reveals any fact or
condition unacceptable to Purchaser, Purchaser shall notify Seller in writing on or before 4:00 p.m. of
the final day of the Inspection Period of such unacceptable fact or condition and Purchaser shall have
the right to terminate this Agreement. In the event Seller does not receive such notice prior to 4:00
p.m. on the final business day of the Inspection Period, said inspection of the Property shall be deemed
satisfactory to Purchaser, and Purchaser shall be deemed conclusively to have waived its termination
rights under this Section 4.2. With respect to any subsurface or environmental investigations
(excepting only a non invasive Phase I Environmental Audit), Purchaser shall try to notify Seller by
telephone of its intention to undertake such investigations prior to such intended investigations. At
Seller's option, Seller or Seller's agents may be present for any such investigations. Purchaser shall
bear the cost of all such investigations and inspections. In addition to Property inspections, Purchaser
may request inspections of any books, records, and other information regarding the Property whether
or not in the custody and control of Seller; provided, however, that Seller may decline to provide any
such information if not available to Seller or upon Seller's sole discretion. Purchaser's right to make
objections, as provided herein, to any fact or condition may relate to any matter whether dealing with
a Property inspection or books, records or other information pertaining to the Property. Purchaser
agrees, that if the closing does not occur, Purchaser will promptly return to the Seller or its authorized
agent all written or tangible information pertaining to the Property, including all copies or extracts
thereof, and all notes based upon the information. Purchaser shall be liable for all costs and expenses,
and/or damage or injury to any person or property resulting from any such inspection, whether
occasioned by the acts of Purchaser or any of its employees, agents or representatives, and at the
conclusion of the Inspection Period, Purchaser shall return the Property to its condition at the
commencement of the Inspection Period. Neither the Seller, nor any of its officers, directors,
employees, agents or representatives, shall be deemed to make or have made any representation or
warranty as to the accuracy or completeness of any information pertaining to the Property or whether
or not the information provided constitutes all of the information available to the Seller; and neither the
Seller nor any of its officers, directors, employees, representatives or agents shall have any liability
resulting from Purchaser's use of any information pertaining to the Property. Notwithstanding anything
to the contrary set forth in this Agreement, the obligations of Purchaser set forth in this Section 4.2
shall survive the Closing or the termination of this Agreement, as applicable.
At any time mutually acceptable to Purchaser and Seller during the Inspection Period, Seller
shall make available to Purchaser, for Purchaser's review at either Seller's offices or at the Property
all documents pertaining to the Property in Seller's possession, with the exception of any appraisal of
the Property, any loan documentation pertaining to the Property, and any documentation determined
by Seller in its sole and absolute discretion to be confidential (the -Review Documents-).
4.3 Termination. If this Agreement is terminated pursuant to Section 4.' or Section 4.2
above, the Earnest Money will be promptly refunded to Purchaser and neither party shall have any
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further obligations under this Agreement except with respect to the obligations specified in Section 4.2. - -
this Section 4.3 and Section 10.2. Purchaser shall, within ten (10) days of such termination'::.deliver~,,~dj Si",:l'.
to Seller copies of all feasibility studies, surveys, engineering reports and all other informátlon obtained --; --! "!':~;::::
by Purchaser with respect to the Property.
4.4 Environmental Remediation Continaencv. Notwithstanding anything to the conuary -=---,,-,-'_='_':":"::,ce_
contained in this Agreement, Purchaser and Seller expressly agree that in the event Seller, in its sole "~'--'-
discretion, determines the necessity of an extended, ongoing environmental remediatior'l (including,
without limitation, monitoring with respect to any underground storage tanks and associatèd'piping and
equipmentl of the Property (or any adjacent property or any groundwater which ....-has become
contaminated as a direct result of the migration of hazardous and/or toxic materials or substances from
the Property) in order to comply with any laws, rules, regulations, orders, directives or "mandates of
any local, state or federal governmental or quasi-governmental authority having jurisdiction over the - ,
Property and/or any environmental related risks or hazardous conditions associated therèwlth,'Seller; - . . A ~,. ,_ h.. :' .~. 'to .
at any time prior to the Closing, shall notify Purchaser in writing of the necessity for suct\ anticipated ;/ j",.F : ...:!
ongoing remediation. Either party shall be entitled to terminate this Agreement by giving written notice -......-..
thereof to the other on or before that date which is fifteen (15) days after said notice from Seller to --
Purchaser.
In the event that Seller notifies Purchaser in writing that Seller has not completed its internal . '........
review of the environmental status of the Property prior to Closing, the Closing Date shall be extended .
" ~.. ......:", ".:_;.~ -;....;~
until fifteen (15) days after Seller has completed such review but in no event (except as provided in . -.' _. ... .. -......-....
.. ,.. - - -.
the preceding paragraph) shall such extension exceed ninety (90) days.
5.
NO REPRESENTATIONS OR WARRANTIES BY SELLER: -,
ACCEPTANCE OF PROPERTY
5.1 Disclaimer. PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT ",'d .
MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENT A TIONS~ : ~......-
WARRANTIES (OTHER THAN THE WARRANTY OF TITLE AS SET OUT IN THE SPECIAL WARRANTY
DEED, AS DEFINED BELOW), PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST
PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE,
QUALITY OR CONDITION OFTHE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL
AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF
THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY:CONDUCT
THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,
RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR
BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY-OR FITNESS
FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUAL:lTV OF -THE· -
CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAJR OF THE PROPERTY, OR (H) ANY OTHER MATTER
WITH RESPECT TO THE PROPERTY, AND SPEC1RCALL Y, THAT SELLER HAS NOT MADE¡DOES NOT
MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH
ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OF
REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE
EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS (AS DEFINED BELOW).
PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN-GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY ON ITS OWN
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INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE
PROVIDED BY SELLER AND AT THE CLOSING AGREES TO ACCEPT THE PROPERTY AND WAIVE ALL
OBJECTIONS OR CLAIMS AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR
CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY OR TO ANY
HAZARDOUS MATERIALS ON THE PROPERTY. PURCHASER FURTHER ACKNOWLEDGES AND
AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE
PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE
ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO
REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER
IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS,
REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION
THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER
PERSON. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE SALE OFTHE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN -AS
IS- CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE
PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE
PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING.
IN ADDmON, PURCHASER FURTHER ACKNOWLEDGES THAT SELLER ACQUIRED ITS TITLE TO THE
PROPERTY THROUGH THE PROCESS OF FORECLOSURE OR DEED IN LIEU OF FORECLOSURE. THE
PROVISIONS OF THIS SECTION 5 SHALL SURVIVE THE CLOSING.
5.2 Hazardous Materials. -Hazardous Materials- shall mean any substance which is or
contains (i) any -hazardous substance- as now or hereafter defined in the Comprehensive Environ-
mental Response, Compensation, and Uability Act of 1980, as amended (42 U.S.C. 19601 et seq.)
(-CERCLA -) or any regulations promulgated under or pursuant to CERCLA; (ii) any -hazardous waste-
as now or hereafter defined in the Resource Conservation and Recovery Act (42 U.S.C. 16901 et. seq.)
(-RCRA-) or regulations promulgated under or pursuant to RCRA; (iii) any substance regulated by the
Toxic Substances Control Act (15 U.S.C. 12601 et seq.); (iv) gasoline, diesel fuel, or other petroleum
hydrocarbons; (v) asbestos and asbestos containing materials, in any form, whether friable or non-
friable; (vi) polychlorinated biphenyls; (vii) radon gas; and (viii) any additional substances or materials
which are now or hereafter classified or considered to be hazardous or toxic under Environmental
Requirements (as hereinafter defined) or the common law, or any other applicable laws relating to the
Property. Hazardous Materials shall include, without limitation, any substance, the presence of which
on the Property, (A) requires reporting, investigation or remediation under Environmental Requirements;
(B) causes or threatens to cause a nuisance on the Property or adjacent property or poses or threatens
to pose a hazard to the health or safety of persons on the Property or adjacent property; or (C) which,
if it emanated or migrated from the Property, could constitute a trespass.
5.3 Environmental Reauirements. Environmental Requirements shall mean all laws,
ordinances, statutes, codes, rules, regulations, agreements, judgments, orders, and decrees, now or
hereafter enacted, promulgated, or amended, of the United States, the states, the counties, the cities,
or any other political subdivisions in which the Property is located, and any other political subdivision,
agency or instrumentality exercising jurisdiction over the owner of the Property, the Property, or the
use of the Property, relating to pollution, the protection or regulation of human health, natural
resources, or the environment, or the emission, discharge, release or threatened release of pollutants,
contaminants, chemicals, or industrial, toxic or hazardous substances or waste or Hazardous Materials
into the environment (including, without limitation, ambient air, surface water, ground water or land
or soil).
5.4 Radon Notice. RADON IS A NA TURALL Y OCCURRING RADIOACTIVE GAS THAT,
WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH
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RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED·
FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDÄ)YADDITIONA(TÞ.-fi:C)L£,~,
INFORMATION REGARDING RADON AND RADON TESTING MAYBE OBTAINED FROM YOUR COUNTY'''''~ .".~ .,
PUBLIC HEALTH UNIT.
5.5 Environmental Risks. Purchaser acknowledges that there are, or may be, certain .:..:;.:..::..:.,-c~.-,._
environmental issues and/or risks with respect to the Property, including, but not limited to those' Set '?,': ·~n.··-
out in any environmental assessment listed in Section 10.16 of this Agreement.
5.6 AcceDtance and AssumDtion. Purchaser acknowledges that to the extent the PropertY -,.'-";~"''-:''':':.cO .:·c
or the Improvements contain Hazardous Materials, Purchaser shall accept the Property (including the -::'~'-~;T~'-:--:-- .
Improvements) at the Closing in its AS IS physical condition WITH All FAULTS' or terminate the
Agreement as provided in Section 4.1 or 4.2 if there exists any environmental condition unacceptable" :,....: :;: ~.:
to the Purchaser. Purchaser hereby expressly acknowledges that from and after the Closing,' Purchaser ;>.....~:o" ,"T ".
shall accept responsibility and liability for the proper maintenance and handling of any ànd'all Hazardous·1 ~}~, .J; ¡" .,-. ,; .
Materials, if any, located in or on the Property or in the Improvements in accordance with· all. ::,,:'-.;.1'-
Environmental Requirements, including the regulations at 40 C.F.R. Section 61 as authorized under die" ,-..,,~,. ....':
Clean Air Act and all regulations promulgated or to be promulgated under all other applicable local,: .' ";Y"" .;.,-
state or federal laws, rules or regulations, as same may be amel')ded from time to'tlme. Purchaser' . I ',~_. .....~
. . ..
hereby assumes all liability, if any, which Seller might incur from and after the Closing as a resultof! :1,-"'.
Purchaser's failure to comply with the requirements of this Section in connection ,with PUrChasei"s" ~í) I;í;.;;¡r'¡~
proper maintenance and handling of any and all Hazardous Materials, if any, located in or 'on the' :"~d ~:.'~::~.
Property or in the Improvements. This Assumption shall survive the Closing of this Agreement. . '~,.". ! . ~''->"., ,'" .
5.7 Release. Purchaser, on behalf of itself and its heirs, successors and assigns hereby '.~. -,.
waives, releases, acquits and forever discharges Seller, its officers, directors, shareholders, employees, -:'G'.-;t:'": .~;~-::
agents, attorneys, representatives, and any other persons acting on behalf of Seller and the successors. ..·:·,.···';f~',!i:'.:·
and assigns of any of the preceding, of and from any and all claims, actions, causes of action, ~; ~(~ "
demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or.. 'H' ).
unknown, foreseen or unforeseen, which Purchaser or any of its heirs, successors or assigns now has
or which may arise in the future on account of or in any way related to or in connection with any past,. ~ ¡;'.; " :
present, or future physical characteristic or condition of the Property or the Improvements,. including, H '. ¡I..", .; ,,; ~.."
without limitation, any Hazardous Materials in, at, on, under or related to the Property or the ~ .;.-
Improvements, or any violation or potential violation of any Environmental Requirement applicable '..
thereto. Notwithstanding anything to the contrary set forth herein, this release shall survive the 0- _.
Closing or termination of this Agreement. -- -" ~- .-
6.
CLOSING
6.1 Closino. The closing (the wClosingW) shall be held at a mutually acceptable location to..;; ..:.. .....
Seller and Purchaser at 10:00 a.m. on or before thirty (30) days after the expiration of the Inspection '. '. ¡ c,··· .
Period or that date which is five (5) days after Seller has cured any of Purchaser's objections to title,
If Seller elects to cure such objections pursuant to Section 4.1 (b) hereof, whichever is later (the
wClosing DateW), unless the parties mutually agree upon another time or date. . The transaction
contemplated by this Agreement shall be deemed closed upon the receipt by Seller of the proceeds· r' . r -h <-
of the sale on or before 2:00 p.m. on the Closing Date by wire transfer of immediately available U.S.- .. . "
~ . /-.."... &
funds. The faOure of Seller or closing agent to receive wired funds by 2:00 p.m. on the Closing Date' . .
shall constitute a breach of this Agreement by Purchaser, shall terminate this Agreement and shall
entitle Seller to its remedies under Section 8.2 hereof.
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6.2 Possession. Possession of the Property shall be delivered to Purchaser at the Closing,
subject to the Permitted Exceptions but in no event shall such possession be delivered to Purchaser
before the delivery to Seller of all of the proceeds of the sale of the Property by wire transfer of
immediately available U.S. funds.
6.3 Proration: Taxes. At Closing, pro-rations of income and expense and the apportionment
of taxes shall be as follows:
(a) Ad valorem real estate taxes for 1995 shall be prorated and adjusted in accordance
with Section 196.295, Rorida Statutes, and Seller shall establish an escrow fund with the Palm
Beach County, Rorida Tax Collector as required by Section 196.295, Florida Statutes. Any
outstanding taxes for years prior to 1995 shall be paid by Seller.
6.4 Closina Costs. Except as otherwise expressly provided herein, Seller shall pay, on the
Closing Date, the cost of the Title Commitment and the premium for the Owner's Policy, all of the cost
of the preparation of the deed, the costs necessary to cure title defects or encumbrances and to satisfy
or release of record existing mongages, if Seller elects to cure title defects as provided in Section
ULtù hereof, any documentary stamps on the deed and sunax, if any, any tangible or intangible tax,
if any, and cenified and pending municipal special assessment liens for which the work has been
substantially completed, and Purchaser shall pay, on the Closing Date, all recording costs, pending
special assessment liens for which the work has not been substantially completed, and all of the cost
of any inspections and/or surveys, and any other customary charges and costs of closing. Except as
otherwise provided herein, each party shall pay its own attorneys' fees.
6.5 Seller's Obliaations at the Closina. At the Closing, Seller shall deliver to Purchaser the
deed and each of the following documents but in no event earlier than the delivery to Seller of all of
the proceeds of sale of the Property by wire transfer of immediately available U.S. funds.:
(a) ~. Special Warranty Deed (the WDeedW) executed by Seller conveying the
Land and the Improvements located thereon to Purchaser subject to no exceptions other than
the Permitted Exceptions, in the form attached to this Agreement as Exhibit B.
(b) Foreian Person. An affidavit of Seller certifying that Seller is not a Wforeign
person, W 8S defined in the Federal Foreign Investment in Real Property Tax Act of 1980, and
the 1984 Tax Reform Act, as amended.
(c) Owner's Affidavit. An executed affidavit or other document acceptable to the
Title Company in issuing the Owner's Policy without exception for possible lien claims of
mechanics, laborers and materialmen or for panies in possession, as applicable.
(dl Bill of Sale and Assianment. Bill of Sale and Assignment (the wBiII of Salewl
executed by Seller assigning to Purchaser the Tangible Personal Property and the Intangible
Property, in the form attached to this Agreement as Exhibit C.
(e) Closina Statement. A closing statement setting fonh the allocation of closing
costs, purchase proceeds, etc.
(f) Evidence of Authority. Secretary's Certificate Relating to Incumbency and
Corporate Bylaws, executed by an Assistant Secretary of Seller.
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(g) Other Documentation. Such other documents as may be reasonable and ~~
necessary in the opinion of the Purchaser or its counsel to consummate and close the purchase i ,. ¡ U is û¡:"nni
and sale contemplated herein pursuant to the terms and provisions of this Agreement~-! :" . :~ :...¿:~,p~~~
6.6 Purchaser's Oblioations at the Closino. At the Closing, Purchaser shall deliver to Seller
the following:
(a) Purchase Price. The Purchase Price by wire transfer of immediately available
U.S. funds;
(b) Evidence of Authoritv. Such consents and authorizations as Seller may -.-
reasonably deem necessary to evidence authorization of Purchaser for the purchase of the';, ~- -"
Property, the execution and delivery of any documents required in connection with Closing and ',:= ; _2;;~.; .:-
the taking of all action to be taken by the Purchaser in connection with Closing; and"i'~'>' .:-;' .,!:.....-
(c) Other Documentation. Such other documents as may be reasonable and . ..'=~.:;:~
necessary in the opinion of the Seller or its counsel to consummate and close the purchase and -.~~ . ·:.·4...."""·.......~·
" -,'
sale contemplated herein pursuant to the terms and provisions of this Agreement. .--- :~"--"---'--.-- .,:;::-.
7.
RISK OF LOSS
7.1 Condemnation. If, prior to the Closing, action is initiated to take any of the Property. ~ "T" ._~
by eminent domain proceedings or by deed in lieu thereof by a governmental entity· òther than --~, -.. ....--
Purchaser, Purchaser may either (a) terminate this Agreement, or (b) consummate the Closing, in which
latter event the award of the condemning authority shall be assigned to Purchaser at the Closing.
8.
DEFAULT
8.1 Breach bv Seller. If Seller breaches this Agreement, Purchaser may, as Purchaser's sole ":":~n_-":' __:;
and exclusive remedy hereunder, terminate this Agreement and thereupon shall be entitled to the -.. - .
immediate return of the Earnest Money as well as liquidated damages in the amount of $100.00 (and " -
not as a penalty),. Seller and Purchaser have made the above provision for liquidated damages because : - ---
it would be difficult to calculate, on the date hereof, the amount of actual damages for suchbreach,' '-', .~.
and that these sums represent reasonable compensation to Purchaser for such breach. In no . event - . ..-.-- -.'.
shall Seller be liable to Purchaser for any actual, punitive, speculative, consequential or other damages
of any kind.
8.2 Breach bv Purchaser. If Purchaser breaches this Agreement, Seller may, as Seller's sole ':.,-';".'.1 c·.... ~.~
remedy and relief hereunder, terminate this Agreement and thereupon be entitled to receive the Earnest :·;d....i.>~;-!. ~
Money as liquidated damages (and not as a penalty). Seller and Purchaser havemad8'the àbove·.:'! '~~2r;::c:~
provision for liquidated damages because it would be difficult to calculate, on the date hereof, the' - --
amount of actual damages for such breach, and that these sums represent reasonable compensation
to Seller for such breach, . ~ ..",
8.3 Return/Deliverv of Earnest Monev. In the event the Earnest Money is returned to the ,_~_~
Purchaser, as provided in Section 8.1 above, or delivered to the Seller, as provided in Section 8.2 "~'2:-
above, upon the return or delivery of the same, the parties hereto shall have no further rights,
obligations or liabilities with respect to each other hereunder, except for the obligations specified in
Section 4.2. Section 4.3 and Section 1 0.2 hereof.
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9.
FUTURE OPERA TIONS
9.1 Future Ooerations. From the date of this Agreement until the Closing or earlier
termination of this Agreement, Seller will (a) keep and maintain the Property in substantially the same
condition as of the date of this Agreement, reasonable wear and tear excepted, and (b) promptly advise
Purchaser of any litigation, arbitration or administrative hearing concerning the Property arising or
threatened of which Seller has written notice.
10.
MISCELLANEOUS
10.1 Notices. All notices, demands and requests which may be given or which are required
to be given by either party to the other under this Agreement, and any exercise of a right of termination
provided by this Agreement, shall be in writing and shall be deemed effective when either: (i)
personally delivered to the intended recipient; (ii) three (3) business days after having been sent, by
certified or registered mail, return receipt requested, addressed to the intended recipient at the address
specified below; (iii) delivered in person to the address set forth below for the party to whom the notice
was given; (iv) at noon of the business day next following after having been deposited into the custody
of a nationally recognized overnight delivery service such as Federal Express Corporation, Emery, or
Purolator, addressed to such party at the address specified below; or (v) immediately if sent during
regular business hours or at 8:30 a.m. local time on the next business day next following an after-
hours, weekend or holiday notice sent by facsimile, telegram or telex, provided that receipt for such
facsimile, telegram or telex is verified by the sender and followed by a notice sent in accordance with
one of the other provisions set forth above. Any notice sent as required by this section and refused
by recipient shall be deemed delivered as of the date of such refusal. For purposes of this Section
~ the addresses of the parties for all notices are as follows (unless changed by similar notice in
writing given by the particular person whose address is to be changed):
IF TO SELLER: NationsBank of Rorida, N.A.
100 North Tampa Street, Suite 1700
Tampa, Florida 33602
ATTENTION: Mark Lynd
PH: (813) 276-7651
FAX: (813) 276-7666
IF TO PURCHASER: City of Delray Beach, Rorida
100 NW 1st Avenue
Delray Beach, Rorida 33444
Attn: David Harden, City Manager
PH: (407) 243-7091
FAX: (407) 278-4755
WITH A COpy TO: Susan A. Ruby, Esquire
City Attorney
City of Delray Beach, Rorida
200 NW 1st Avenue
Delray Beach, Rorida 33444
PH: (407) 243-7091
FAX: (407) 278-4755
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IF TO ESCROW AGENT: Jack Lupo Realty, Inc. . -' ~
190 W. Glades Road, Suite C
Boca Raton, FL 33432
Attn: Ken Muller
PH: (407) 391-8244
FAX: (407) 391-8885
10.2 Real Estate Commissions. Except as stated in this Section, neither Seller nor Purchaser :"",;~ -'-'~,.c'-
has contacted any real estate broker, finder, or similar person in connection with the transaction "
contemplated hereby and that neither party is obligated to pay any brokerage fee or· cOmmission in" .~ ____ _~..t.,
connection with this sale. Seller agrees to pay Jack Lupo Realty, Inc. (-Broker·) upon the closing of: - ." '. ""
the transaction contemplated hereby, and not otherwise, a cash commission in the aggregate amount ·i/" '¡ >:;".~,
of six percent (6.0 %) of the Purchase Price. Purchaser acknowledges that Seller is represented by . ,..f. :--~....,
Broker as a real estate broker in connection with this transaction, and that Broker is' entitled toa
commission payable upon the Closing hereof, pursuant to a separate agreement between Seller ,and -, :' . ,
Broker. Purchaser's acknowledgement as herein provided does not, however, create any privity of .. '
contract between Purchaser and Broker, and Purchaser has no obligations, either express or implied, ,'.- ..~,"';."..
to Broker.
To the actual knowledge of Seller and of Purchaser, except for the real estate broker(s) listed. .: '. , _"v:.:..
in this Section 10.2. if any, no Acquisition Fees (as hereinafter defined) have been paid or are due.and; ",! "'¡:
owing to any person or entity by the Seller and the Purchaser. As used herein, · Acquisition. Fees· .shall .. ,-""\.'
mean all fees paid to any person or entity in connection with the selection and purchase of the Property
including real estate commissions, selection fees, nonrecurring management and startup fees,
development fees or any other fee of similar nature. Seller and Purchaser, to the extent permitted by, ,....-
~ ._. ,t... ,
law, each hereby agrees to indemnify and hold harmless the other from and against any and all claims ,.... . .'~ .....
for Acquisition Fees or similar charges with respect to this transaction, arising by, through or. under thè .-- .' ~...'
indemnifying party, and each further agrees to indemnify and hold harmless the other 'from' any . loss "-
or damage resulting from an inaccuracy in the representations contained in this Section 10.2. ; ,This
indemnification agreement of the parties shall survive the Closing.
10.3 Entire Aareement. This Agreement embodies the entire agreement between the parties
relative to the subject matter hereof, and there are no oral or written agreements between the parties, ..
nor any representations made by either party relative to the subject matter hereof, which "are not
expressly set forth herein.
10.4 Amendment. This Agreement may be amended only by a written instrument executed
by the party or parties to be bound thereby.
10.5 Headinas. The captions and headings used in this Agreement are for convenience only.:2" ~J ., ¡ .,
and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement.- -" ~'. .
10.6 Time of Essence. Time is of the essence of this Agreement; however, if the final date
of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal.,;: :" ..
holiday under the laws of the United States or the State of Florida, then, in such event, the time of
such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday.
10.7 Governina Law. This Agreement shall be governed by the laws of the State of Florida
and the laws of the United States pertaining to transactions in such State. All of the parties to this
~ 7115
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. Agreement have participated freely in the negotiation and preparation hereof; accordingly, this
Agreement shall not be more strictly construed against anyone of the parties hereto.
10.8 Successors and Assians: Assianment. This Agreement shall bind and inure to the
benefit of Seller and Purchaser and their respective heirs, executors, administrators, personal and legal
representatives, successors and assigns. Purchaser shall not assign Purchaser's rights under this
Agreement without the prior written consent of Seller.
10.9 Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall
be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised
a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and
effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance
from this Agreement.
10.10 Attornevs' Fees. In the event it becomes necessary for either party hereto to file suit
to enforce this Agreement or any provision contained herein, the party prevailing in such suit shall be
entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable
attorneys' fees, paralegal fees and cost incurred in such suit at trial, appellate, bankruptcy and/or
administrative proceedings.
10.11 Multiole Countemarts. This Agreement may be executed in a number of identical
counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof
of this Agreement, it shall not be necessary to produce or account for more than one such counterpart
executed by the party to be charged.
10.12 Date of this Aareement. This Agreement shall not be effective unless signed by both
Purchaser and Seller. As used in this Agreement, the terms Wdate of this AgreementW or Wdate hereofw
shall mean and refer to the date upon which the City of Delray Beach Commission shall have approved
the execution of this Agreement at a formal meeting of the Board.
10.13 Exhibits. The following exhibits are attached to this Agreement and are incorporated
into this Agreement and made a part here:
(a) Exhibit A. the Land;
(b) Exhibit B. the Deed; and
(c) Exhibit C, the Bill of Sale.
10.14 Authoritv. Each party hereto represents and warrants to the other that the execution
of this Agreement and any other documents required or necessary to be executed pursuant to the
provisions hereof are valid, binding obligations and are enforceable in accordance with their terms.
10.15 Recordation. Neither this Agreement nor any memorandum or other summary of this
Agreement shall be placed of public record under any circumstances except with the prior written
consent of the Seller and the Purchaser.
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10.16 Other Disclosures. Purchaser hereby acknowledges and agrees to accept the Property~:':',.:_. _"":':'0:..
in its present condition. Seller agrees to provide Buyer with a copy of the environmentåf:àasèâsmentsGnj.: ::. SdÚ
listed below which were performed on Seller's behalf: ~:...~~¡""IItr' ~.'~~'~.J" --, -~._;.
~ . "-. . -,-
1. That certain environmental assessment dated January 9, 1992, prepared by
A TEC Associates, Inc.. ' .
2. That certain environmental assessment update dated August 17, 1992,
prepared by A TEC Associates, Inc.
3. That certain Phase II environmental assessment prepared by ATEC
Environmental Consultants.
4. That certain Asbestos Survey Report dated May 8, 1993, prepared by A TEC
Associates, Inc. . ----
5. That certain Master Specification for Asbestos Abatement Project prepared by
Hillmann Environmental Company, Inc.
6. That certain Air Monitoring Report dated July 5, 1994, prepared by Hillmann
Environmental Company, Inc. -
PURCHASER ACKNOWLEDGES THAT THE ABOVE ARE PROVIDED BY SELLER,;WITHOUT·.·· ....
REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACYOFFAcrSAND ., -', .
CONCLUSIONS CONTAINED THEREIN, AND PURCHASER WILL NOT RELY 'ÖN"SAME TO;-'"
PURCHASER'S OR SELLER'S DETRIMENT IN PURCHASING THE PROPERTY.;·;J~URCHASER··' . ~.-
UNDERSTANDS THE ABOVE MAY NOT BE ALL THE ASSESSMENTS PERFORMED ON THE PROPERTY:·' .~'!.'
BY SELLER AND THEY MAY NOT CONTAIN RECOMMENDATIONS CONCERNING THE PROPERTY
MADE BY THE CONSULTANTS. PURCHASER IS ENCOURAGED TO CONDUCT AN' INDEPENDENT .
INVESTIGATION AND INSPECTION OF THE PROPERTY, UTILIZING EXPERTS AS PURCHASER 'DEEMS
TO BE NECESSARY FOR AN INDEPENDENT ASSESSMENT OF ALL ENVIRONMENTAL LlABILrrY AND
RISK WITH RESPECT TO THE PROPERTY, INCLUDING THE IMPROVEMENTS. ._ . . __:h
.; '),
10.17 AcceDtance. If this Agreement is not executed by Purchaser and delivered to Seller on
or before October ~ 1995, the offer evidenced by this Agreement shall be withdrawn.'.and any
Eamest Money hel by the Escrow Agent shall be retumed to Purchaser. . -,,~".; 7....
3)/~
NIIkaBet 7/"
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under
seal by persons duly empowered to bind the parties to perform their respective obligations hereunder
the day and year set forth beside their respective signatures.
SELLER:
NAll0NSBANK OF R.ORIDA. N.A.,
. national banking association
DATE OF EXECUTION BY SELLER:
,O/5/QS
.
PURCHASER:
DATE OF EXECUTION BY PURCHASER:
CITY OF DÐ.RA Y BEACH. R.ORlDA,
. Rorida municipal corporation
ATTEST: By:
Name:
Title:
City Clerk
Approved As To Form and Legal Sufficiency:
City Attorney
NodrDIIoat 7'"
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ACKNOWlEDGEMENT AND AGREEMENT BY THE AGENT
The undersigned joins in execution of this Agreement for the purpose of representing and warranting,
to Purchaser and Seller that the undersigned (i) is a duly licensed real estate brokerùnder the real ,'.
estate licensing act(s) of the State of Florida and any applicable regulations, (6) Ia dulyåu1horized. to .'.
eam and receive a commission In connection with the transaction evidenced by thla Agreement, and
(iii) acknowledges and agrees to the terms and provisions of Section 10.2 hereof, including, without
limitation, the entitlement to commission only accNlng upon a final closing of the transactlon:=Thé:·'· .~-
undersigned shall Indemnify and hold Purchaser and Seller harmless from any lOIS, -nabDIty,damàge~ ~
cost or expense (including attorneys' fees) resulting by reason of a breach of the reprnentatlOns'and .
warranties made herein. :;{;,.,,~~~~~ ':",,-.00"\'/-' ',- "'':"'':'l~,;'
- - ...~.- - '.. - . .,~
JACK LUPO REAL TV, INC.
DATE OF EXECUTION BY AGENT: . . .r '
By:
Name:
Title:
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PURCHASER'S DISCLOSURES
A. EMPLOYEE INTEREST. Purchaser hereby certifies that. except as let forth below. neither
Purchaser. nor any officer. director. general partner or principal of Purchaser. or any person controlled
by or under common control with Purchaser (a "Purchaser Related Entity"). Is now. or hal ever been.
an employee of any Seller Related Entity (as herein defined). and that Purchaser hal no relationship or
understanding, direct or indirect, with any employee of any Seller Related entity, or any officer.
director. employee or agent thereof in connection with the acquisition of the Property or any presently
contemplated future transaction. except as let forth in this Agreement. The term "Seller Related
entity" . as used herein. means Seller. or any entity controlled by or under common control with Seller.
B. SELLER RNANCING. Purchaser hereby certifies that. except as set forth below. neither
Purchaser nor any Purchaser Related entity have applied for any loan or other financing arrangement
from any Seller Related Entity for the purchase of the Property. In the event Purchase later determines
that Purchaser will or may obtain a loan or financing arrangement from any Seller Related entity for the
purchase of the Property. Purchaser shall promptly notify Seller In writing of such loan or financing
arrangement.
Lending entity: Amount F"lnanced: $
C. SIGNIFICANT BORROWING RELATIONSHIP. Purchaser hereby certifies that. except as set forth
below. neither Purchaser. nor any Purchaser Related Entity. Is in material monetary default of any of
Its or their significant financial obligations to any Seller Related entity, which default has not been
cured or otherwise waived by the party to whom such obligation is owed. The term "significant
financial obligations". as used herein, means any loan or other f'anancial obligation. the current
outstanding balance of which exceeds $100.000.00.
Purchaser hereby affirms that the foregoing are true and correct to the best of Purchaser's knowledge
and belief. and Purchaser warrants and covenants that the foregoing shall be true and correct as of the
Closing, except as disclosed and agreed to by Seller in writing.
Effective as of the _ day of .19_ . (Insert same date as the effective date of Base
Contract.)
PURCHASER:
CITY OF DElRA Y BEACH. FLORIDA.
ATTEST: e Florida municipal corporation
By:
City Clerk Name:
Tltie:
Nodmdoat 719$
PURCHASE AND SALE AGREEMEIn' . IMPROVED .....
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EXHIBfT A
LAND
Parcel 1: Folio #12 43 46 04 00 000 7370
The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest;; {¡;, L,;. ...'-',j,'~", '" -
quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County. Florida:;:..:.I.:~¡~:: >. ,::.T ~';<":':.
LESS the following described parcels: ~.~~_- ,.. l _ . -.... '-~. ~ ".
._.,~"¡"#.~~ ~._.:~ ,J.. _'">-..,.;
1. The South 15 feet of the above-described parcel:
2. The East 40 feet of the above-descrlbed parcel;
3. The West 130 feet of the East 170 feet of the North 150 feet of the South
290 feet of the above-described parcel: "
4. The North 125 feet of the South 140 feet of the East 265 feet of the West'· t.;,,; ".~
305 feet of the above-described parcel. J : ~'.- -.f:'
Parcel 2: Folio #12 43 46 04 00 000 7380
The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South '" ,',' ._-. -.
140.00 feet of the Northwest quarter of the Southwest quarter of the Southwesf:~ ::.:. ~- .
, --
quarter of Section 4. Township 46 South. Range 43 East. Palm Beach County. Florida...··'
.
,
Tax 10 Number or Folio Number
of Property:
Grantee's Social Security Number or
Tax 10 Number
EXHIBIT B
Prepered by and
AFTER RECORDING RETURN TO:
Claire Bailey Carraway, Esquire
Nati0na8ank of Florida, N.A.
400 North Ashley Drive, Suite 1500
TIq)8, Florida 33602
SPECIAL WARRANTY DEED
NATIONSBANK OF FLORIDA, N.A., a national banking association (-Grantor-) whose address
is 100 North Tampa Street, Suite 1700, Tampa, Florida 33602, for and in consideration of the sum
of TEN AND NO/100 DOLLARS ($10.00) paid to Grantor and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED
and does hereby GRANT, SELL and CONVEY unto the CITY OF DELRA Y BEACH, a Florida municipal
corporation (-Grantee-) whose address is 100 Northwest First Avenue, Delray Beach, Florida 33444,
in fee simple, that certain land located in Palm Beach County, Florida, being more particularly described
in Exhibit A, attached hereto and incorporated herein by reference, together with all improvements, if
any, located on such land (such land and improvements being collectively referred to as the
-Property-).
This conveyance is made and accepted subject to all matters (the -Permitted Exceptions-) set
forth in Exhibit B. attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances pertaining thereto, including all of Grantor's right, title and interest in and to adjacent
streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's
heirs, successors and assigns forever. And Grantor hereby covenants with Grantee that, except as
above noted, that at the time of the delivery of this Special Warranty Deed the Property was free from
all encumbrances made by it and that Grantor will warrant and defend the same against the lawful
claims and demands of all persons claiming by, through or under Grantor, but against none other.
Except for the limited warranty of title, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS
NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF
ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE,
NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE
WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE
SUIT ABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY
CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH
ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL
-. .....,/9$
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AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABIlITY, MARKETABllITY,-PROFITABllITY,:· oj:;-~",
OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER'OR'OUALlTY OF '-"\~','HT!.c'';1
THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PRÖPERTY> (Gf'THE ,--~' :? \7;'
MANNER, QUAUTY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR IH)ANY. OTHER, .::. :ili·~
MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE; -', ~ :- ~-.:
DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS·REGÁRDING ---
COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE,' ZONING AND' , ,-
DEVELOPMENT OF REGIONAL IMPACT LA WS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS,
INCLUDING THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY, OF ANY·:HÀZARDOUS '.-, .n"
MATERIALS, WASTES OR SUBSTANCES DEFINED IN ANY FEDERAL, STATE OR lOCAL. LAWS OR', --: - .- .
ANY OTHER SPECIALLY REGULATED MATERIALS INCLUDING, BUT NOT LIMITED TO; ASBESTOS, ., - . '" ',-
PETROLEUM PRODUCTS, POLYCHLORINATED BIPHENYL, OR RADON GAS, EXCEPTTHEWARRANTY" " - :":,. .:;.
OF TITLE EXPRESSLY SET FORTH HEREIN. GRANTEE FURTHER ACKNOWLEDGESi THA:'Jl.TOTHE ;:, ., ::-1 ; ¡-'
MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY IS MADE ON'AN-ASIS-<-; ..-,-:,;~;:-;
CONDITION AND BASIS WITH ALL FAULTS. :O-'-':""~:~ :1.-:;,~ .-,~. ", ..-.
By acceptance of this Special Warranty Deed, Grantee agrees to and accepts all of the forgoing
matters.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of -
the day of , 1995.
WITNESSES: NATlONSBANK OF FLORIDA, N.A.,
a national banking association
Name:
By:
Name: Gerald P. Ademy
Name: Title: Senior Vice President
N..-.ø.t1/9$
PVRCHASB AND $AU: AGREEtofEN'I" . IMPROVED IoIIioIo
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STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me on , 1995, by Gerald
P. Ademy as Senior Vice President of NationsBank of Florida, N.A., a national banking association, on
behalf of the association. He is personally known to me or who has produced
as identification.
Name:
NOTARY PUBLIC, State of Aorida
(SEAL) Serial Number (if any)
My Commission Expires:
Jll-rW ... 7195
pt JtCHASl! AND SAUl AGItEEMEIn' - IMPROVED .....
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EXHIBIT A TO SPECIAL WARRANTY DEED -
LAND
Parcel 1: Folio #12 43 46 04 00 000 7370
The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest '.. c. -' ..
quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Aorida; '~,- - _. :...... ,.
LESS the following described parcels: ".,.,
1. The South 15 feet of the above-described parcel;
2. The East 40 feet of the above-described parcel;
3. The West 130 feet of the East 170 feet of the North 150 feet of the South
290 feet of the above-described parcel;
4. The North 125 feet of the South 140 feet of the East 265 feet of the West ,.. . ..'- --
305 feet of the above-described parcel. ,/ ..-..+. .. ~. .--:.
, -, ~ ,,~" .' ~.
Parcel 2: Folio #12 43 46 04 00 000 7380
The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South
140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest .~:., ".." .-', .;-'-'.'
quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida.
.
,
EXHIBIT B TO SPECIAL WARRANTY DEED
PERMITTED EXCEPTIONS
TO DEED
1. Governmental rights of police power or eminent domain unless notice of the exercise of such
rights appears in the public records as of the date hereof; and the consequences of any law,
ordinance or governmental regulation including, but not limited to, building and zoning ordinanc-
es.
2. Defects, liens, encumbrances, adverse claims or other matters 1) not known to the Grantor and
not shown by the public records but known to the Grantee as of the date hereof and not
disclosed in writing by the Grantee to the Grantor prior to the date hereof; 2) resulting in no
loss or damage to the Grantee; or 3) attaching or created subsequent to the effective date
hereof.
3. All valid and enforceable covenants, liens, encumbrances, defects, easements and other
matters, if any, as shown in the Title Commitment, upon the agreement of Purchaser and
SeUer.
4. All matters which would be disclosed by an accurate survey performed as of the date of this
Deed.
.
.
EXHIBIT C
BILL OF SALE
MIl
ASSIGNMENT
NA TIONSBANK OF FLORIDA. N.A.. I national banking association ("Assignor"). for' ~dÏÌ1 >:
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good""tínd,'Yatuable" -:f ;:; ;;.:;.,:: :
consideration paid to Assignor by the CITY OF DELRAY BEACH. I Florida rnunicrp,~;ë~rporatfon::::' .¿,' :':',.,-~
("Assignee"). the receipt and sufficiency of which are hereby acknowledged. has ASSIGNED/SOLD;":i:'b~:;;~"~'-~ :/.".
CONVEYED and DEUVERED. and does hereby ASSIGN. SELL. CONVEY and DEUVER:ù~tô':Aã.'ìigÎ1i.:!tf.:..~t'.tl::...tj";.
its successors. heirs. executors. administrators personal representatives Ind assigns. 8n:óf ASslgrior's ~,,;, ,",.. ~,;>'.':::
right. title and interest. if any. in and to the following: f~'r::--r~W ::!':"':';-:E~~' <"
1. All of the fixtures. equipment. machinery. furniture and other personal property (the '. . .., d". ,¡;""
"Personal Property") placed or instIlled on or about the real property (the "Real Properíý")'being'more"'" ,,~:...."~.._..;:.-
particularly described in Exhibit A. attached hereto and incorporated herein by referencerÍll1d"~ :;;~;:>. ., ' ,"-.-",
2. AD intangible property (the "Intangible Property") pertaining to the Real Property or the·: ~.. ..:;;.c",,!,=-,,~,
Personll Property or the use thereof including. without limitation. transferable utilitycontràcts.; :.;,; .¡,~ ;";:.
transferlble telephone exchange numbers. plans Ind specifications. engineering plans and stUdlèS;,flá~r ;"¡ ;-'!',.' ::ox ~."'~
plans and landscape plans relating to the same or any part of the same. . ,
'. .... '. ';::;";-.'~'''-''.-'''' .'~ .
.. .r-." _J' .... .,__ .,.___.~_ ,.
The Personal Property and the Intangible Property are hereinafter collectively referred to as the- ..--
"Property. " .-.--...
This BUI of Sale and Assignment is made and accepted subject to all of the liens. security .. .
interests and other matters (the "Permitted Exceptions") shown in any public records or listed in the··.. "co__ :..
Special Warranty Deed from Assignor to Assignee. of even date herewith. covering the Property...·'·, ',',
ASSIGNEE TAKES THE PROPERTY "AS IS" AND "WITH ALL FAULTS." ASSIGNOR HAS NOT L~' .- ,-,~:lt
MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAl'~CONDmON.:::;2 ?¿.'<;"
OPERATION OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY'ÄÑÖ THIS 'BILL ~'~~.;~'~";3:·
OF SALE AND ASSIGNMENT. EXCEPT AS HEREIN SPECIFICALLY SET FORTH OR REFERR~D TO. AND L~-~~.:,;,:::._ .~;:
ASSIGNEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATlONSHÂ VE BEEN n,: ..., :' .~,
MADE. ASSIGNOR EXPRESSLY DISCLAIMS AND ASSIGNEE ACKNOWLEDGES AND ACCEPTS tHAT ,.; :"'''"'':::
ASSIGNOR HAS DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANV:-AND ALL:;l';(:,!~i:"{·:;
REPRESENTATIONS. WARRANTIES OR GUARANTIES OF ANY KIND. ORAL OR WRI1'TEN/ËXPRESS-'~;" :I):'¡,:..~',;;
OR IMPUED. CONCERNING THE PROPERTY. INCLUDING. WITHOUT UMITATlON. Ci)' THE VAI..UE.:};:~::';':·'."'/:::'
CONDITION. MERCHANTABIUTY. MARKETABILITY. PROFITABILITY. SUITABIUTY OR'fI1"HESS FOR -'L¡:~,"'- ,-,-,'
A PARTICULAR USE OR PURPOSE OF THE PROPERTY. (Ii) THE MANNER OR QUA1.I1¥1)¡:'}n'¡E: 1S£ r;-,: 'tT
CONSTRUCTION OF THE CONSTRUCTION OF MATERIALS. IF ANY. INCORPORATED INTOANV OF '7'" .~. "
THE PROPERTY AND (Iii) THE MANNER. QUALITY. STATE OF REPAIR OR LACK OF REPAIR OF THE "
PROPERTY. ASSIGNOR IS NOT UABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN ,:'~ê...':'.'-~ ....
STATEMENTS. REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED' "r;:;-"~_~~F'-:"t"
BY ANY REAL ESTATE BROKER. AGENT. EMPLOYEE. SERVANT OR OTHER PERSON. UNLESS THE ,- 'd,'... ,.
SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. ,~.. ~"~r":::' -~.:.-~_.:- ~':~~':
.......... 7M
PURCHASE AND SAlJ! AGREEMENT . IMPItOVED .. ' WIioII
O:\WPIPLI'OUN'IJaCHASE.IlOC\CONBACT 22 O:\~Y.PaS
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,
By acceptance of this Bill of Sale. Assignee hereby accepts and agrees to all matters set forth
herein.
EXECUTED this _ day of . 1995.
WITNESSES: NA110NSBANK OF R.ORIDA., N.A..
a national banking association
Name:
By:
Name: Gerald P. Ademy
Name: Title: Senior Vice President
............7/95
PURCHASI! AND SALI! AGREEMENT . 1MPIt0VED WdoIo
G:lwPIfLI'OltW\PVRaWB.DOC.HTJtACI' ZJ Q,IWl'lCBClSEAClESY.PAS
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EXHIBIT A
LAND
Parcel 1: Folio #12 43 46 04 00 000 7370 : _.~' r' ,~. .
The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest ~'-j:. ~~;:.:;. ,'-.~ ~
quarter of Section 4. Township 46 South. Range 43 East. Palm Beach County. Florlda;~iè..:=L~'1;;i:!:::;'4 '"
LESS the following described parcels: :Œ~ :.-:!tft¡+;;.. '~,:o-:':'~~~~.::.j"~,!"
1. The South 15 feet of the above-described parcel;
2. The East 40 feet of the above-described parcel; =¿;.-:;~. ~."::- .-
3. The West 130 feet of the East 170 feet of the North 150 feet of the South t ;:ni.'_ ~c..'~~"':'-". ~~'.
290 feet of the above-descrlbed parcel: -7~~7\,--.:'~ ",#,".~ "-fI> ,
4. The North 125 feet of the South 140 feet of the East 265 feet of the West .~ ~¡;-; f~' :::'!;.. -
305 feet of the above-described parcel. _~Jit~~~t'--;1:~ .
Parcel 2: Folio #12 43 46 04 00 000 7380 .....,...... '-
The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South ;~"¡d":;:;;' "'F¡,;,~" '.
140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest 1.!;.!;.m; ,~$;';;;1 ;~i~
quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, florida. '¡;'¿.~<:...~:. ,:::'i S??c;'··:'· .<,
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FSCROW AGREEMENT
THIS FSCROW AGREEMENT made and entered into as of the day of .~. - .
,
1995, by and among NationsBank of Florida, N.A., a national banking association (the
"Seller"); City of Delray Beach, a Florida municipal corporation (the "Purchaser"); and Jack
Lupo Realty, Inc., a corporation (the "Escrow Agent").
STATEMENT OF PURPOSE
Seller and Purchaser have entered into a Purchase and Sale Agreement (the "Purchase
and Sale Agreement") dated , 1995, for the sale and purchase of a certain
tract of land located in Palm Beach County, Florida, as more particularly described in the
Purchase and Sale Agreement (the "Property"). Purchaser and Seller desire to have Escrow
Agent hold the Earnest Money as required under the Purchase and Sale Agreement in escrow
pursuant to the tenns of this Agreement.
NOW t THEREFORE, in consideration of the promises herein and other good and ,
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the pàrties
hereby agree as follows:
1. J\ppointment. Purchaser and Seller hereby appoint Jack Lupo Realty, Inc. as
Escrow Agent hereunder, and Escrow Agent hereby accepts such appointment.
2. FJlTI1est Money De.posit. Purchaser has delivered to and deposited with Escrow
Agent the amount of ONE HUNDRED AND NO/tOO DOLLARS ($100.00) representing the
Earnest Money as required by the Purchase and Sale Agreement. Escrow Agent agrees to
immediately, upon receipt, deposit said funds in a non-interest bearing account at
and to hold and disburse said
funds (the "Earnest Money"), as hereinafter provided.
3. Instructions. Upon written notification from Purchaser and Seller that the sale
contemplated is to be consummated, Escrow Agent shall deliver the Earnest Money at Closing,
as defined in the Purchase and Sale Agreement, by wire transfer of immediately available funds
to Seller to be applied to the purchase price for the benefit of Purchaser, unless otherwise
instructed by the parties hereto. Upon written notification from both Purchaser and Seller that
the contemplated sale shall not take place, Escrow Agent shall deliver the Earnest Money to
Purchaser or to Seller, as directed, or as otherwise instructed by the parties hereto.
4. Duties of Escrow AeentlExcutpation. Purchaser and Seller agree that in
performing any of its duties under this Agreement, Escrow Agent shall not be liable for any
loss, costs or damage which it may incur as a result of serving as Escrow Agent hereunder,
except for any loss, costs or damage arising out of its willful default or negligence.
Accordingly, Escrow Agent shall not incur any liability with respect to (a) any action taken or
admitted to be taken in good faith upon advice of its counsel given with respect to any questions
relating to its duties and responsibilities, or (b) any action taken or omitted to be taken in
reliance upon any document, including any written notice of instruction provided for in this
.
>
Agreement, not only as to its due execution and validity and effectiveness of its provisions, but
also to the truth and accuracy of any information contained therein, which Escrow Agent shall
in good faith believe to be genuine, to have been signed or presented by a proper person or
persons and to conform with the provisions of this Agreement.
5. Indemnification. Purchaser and Seller, to the extent provided by law, hereby
agree to indemnify and hold harmless Escrow Agent against any and all losses, claims, damages,
liabilities and expenses, including, without limitation, reasonable attorneys' fees and
disbursements, which may be imposed upon or incurred by Escrow Agent in connection with
its serving as Escrow Agent hereunder, unless such losses, claims, damages, liabilities and
expenses are the result of Escrow Agent's willful default or negligence in performing its
obligations hereunder.
6. Di~utes. In an event of dispute between any of the parties hereto, sufficient in
the discretion of Escrow Agent to justify its doing so, Escrow Agent shall be entitled to tender
unto the registry or custody of any court of competent jurisdiction all money or property held
by it under the terms of this Agreement, together with such legal pleadings as it deems
appropriate and thereupon be discharged.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly
executed and sealed as of the day and year first above written.
SEI.I,EI{:
NATIONSBANK OF FLORIDA, N.A.,
a national banking association
By:
Name: Gerald P. Ademy
Title: Senior Vice Presiden
PURCHASER:
CITY OF DELRA Y BEACH,
a Florida municipal corporation
By:
Name:
Title:
-2-
.
: " ;
ESCROW AGENT:
JACK LUPO, INC.,
a corporation
By:
Name:
Title:
JI-- 6195
ESCROW AORBEMENT FOR USB ..... --_._- -
WlI'H PURCHASB AND SALE AGREEMENT ' I'~~"-' - " ,-
. -',. ,. -, ..~ . -.
G:\WP\PLPOlUd\PURCHASE.DOC\BSCROW.AUf O:\WP\C8C\SBACUST
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /ö C - MEETING OF OCTOBER 24, 1995
PUBLIC HEARING FOR ORDINANCE NO. 54-95
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 54-95
rezoning a 6.58 acre parcel of land located at the northwest
corner of Congress Avenue and Lake Ida Road from POC (Planned
Office Center) District to CF (Community Facilities) District.
This rezoning request is proposed to accommodate an adult day
care facility and an Adult Congregate Living Facility (ACLF)
serving Alzheimer's patients, along with an office structure
housing accessory administrative functions. A conditional use
approval for the ACLF and a site and development plan for the
entire site will be reviewed subsequent to rezoning.
At its meeting of September 18, 1995, the Planning and Zoning
Board considered this item and voted to recommend approval by a
unanimous 6-0 vote. At first reading on October 10, 1995 the
Commission passed the ordinance by a vote of 5-0.
Recommend approval of Ordinance No. 54-95 on second and final
reading.
p~ 5-0
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Ii ORDINANCE NO. 54-95
/: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I'
!! DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
,
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, PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT
,
¡, IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND
Ii BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS
ìi AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY
Ii DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY
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ii BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
I; CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
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WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned POC (Planned Office Center) District; and
WHEREAS, at its meeting of September 18, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
I Facilities) District for the following described property:
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A parcel of land lying in the East One-Half (E 1/2)
I
of Section 7, Township 46 South, Range 43 East, lying
in the City of Delray Beach, Palm Beach County,
Florida; said parcel being more particularly
described as follows:
Commence at the Northeast corner of the aforesaid
Section 7; thence run North 89 degrees 54' 3011 West,
an assumed bearing, along the North line of said
Section 7, 60.00 feet to a point of intersection with
the Westerly right-of-way line of Congress Avenue as
¡ laid out and now in use; thence run South 00 degrees
23' 20" East along said West right-of-way line,
i 1222.27 feet to point of said being
I a curve, curve
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---~,.,._- ._._~..~,,-_. ._ _.'_'.',. __~._._._ _.__..__,_____,.~..___..~_...__~_,_.'_..__~_____,_.___~__... ._._...,._.__.._~_____.___.__ '_'.._~ ,__~ ~'~~'.'_"'~__"__'_ _ _.....__. '. ,_._.,_.. ".'_ho
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I: concave to the West having a radius of 3759.80 feet;
:!
I¡ thence Southerly along said curve, through a
¡, run
r' central angle of 19 degrees 03' 45", an arc length of
It 1250.90 feet to the end of said curve; thence
i continue along said right-of-way line South 18 I
ÎI degrees 40' 25" West, 720.39 feet to the Point of the I
'i
herein described parcel; thence continue along said
right-of-way line South 18 degrees 40' 25" West,
514.41 feet to a point; thence South 22 degrees 29'
, 16" West along said right-of-way line 180.40 feet to
,
i a point; thence South 18 degrees 40' 25" West, 155.34
feet to a point; thence South 67 degrees 02' 20"
West, 59.79 feet to a point in the North right-of-way
line of Lake Ida Road, said point lying on a curve
concave to the Southwest and having a radius of
1670.16 feet; thence from a tangent bearing North 64
degrees 35' 46" West, run Westerly along said curve;
through an angle of 10 degrees 12' 54" an arc
distance of 297.77 feet to a point; thence leaving
said North line run North 18 degrees 49' 25" East,
761. 43 feet to a point; thence North 90 degrees 00'
00" East, 373.61 feet to a point on the
aforementioned West right-of-way line of Congress
Avenue and the Point of Beginning. I
The subject property is located at the northwest
corner of Congress Avenue and Lake Ida Road;
containing 6.58 acres, more or less.
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 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 this ordinance shall become effective
immediately upon passage on second and final reading.
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·.,-.._.... .. _ 4_ ,__. ...' _ _ w· ._. - -- - --. --- '~" -~_.. --_. . ..,'-'
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¡¡ PASSED AND ADOPTED in regular session on second and final
! reading on this the 24th day of October , 1995.
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, ATTEST:
!
o /ÙJfrrJl.{?!!)IÆ1r fir{ f/¡¡
ity Cler
First Reading October 10, 1995
Second Reading October 24, 1995
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f, - 3 - Ord. No. 54-95
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RM
LAKE IDA
PLAZA
RM~8
N
- ALZHEIMER HEALTH CARE SYSTEMS
PLANNING OEPART"'ENT
CITY or OELRAY BEACH, rL
-- DICITAl 8AS£ fJAP SYSTéU --
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í11
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
I
\ \" .
, t' '\., ¡
'\ j.~ ,! ~. \ Y' '. :. , ,1 _,
, I ..' , , -
THRU: d~ANE 'bbMíNGUÈZ, 'DIRECTÓR
TO F~ZONING
-~ ~'-
FROM: S, SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 10,1995
REZONING OF A 6.58 ACRE PARCEL OF LAND (ALZHEIMER'S
ASSOCIATION PROPERTY) FROM POC (PLANNED OFFICE
CENTER) TO CF (COMMUNITY FACILITIES).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is approval on first reading of a rezoning
from POC (Professional Office Center) to CF (Community Facilities). The subject
parcel is a 6.58 acre vacant parcel that is located at the northwest corner of Lake Ida
Road and N. Congress Avenue.
BACKGROUND:
The subject property was annexed into the City of Delray Beach prior to 1976 and has
undergone a number of zoning changes. The property has been zoned POC since
the Citywide rezonings associated with the adoption of the Land Development
Regulations in 1990.
This rezoning request is proposed to accommodate an adult day care facility and an
ACLF serving Alzheimer's patients, along with an office structure housing accessory
administrative functions. A conditional use approval for the ACLF and a site and
development plan for the entire site will be reviewed subsequent to rezoning.
For additional background and a full analysis of the request, see 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 September 18,
1995 and unanimously (6 to 0) recommended approval. Two members of the public
.
(Helen Coopersmith of PROD, Stan Scalero of Rainberry Lakes Homeowners
Association) spoke in support of the rezoning. Mr. Scalero also stated his group's
objection to the inclusion of access to Lake Ida Road from the proposed facility. That
item will be considered with the conditional use and site plan.
RECOMMENDED ACTION:
By motion, approve on first reading a rezoning from POC (Professional Office Center)
to CF (Community Facilities), for a 6.58 acre vacant parcel located at the northwest
corner of Lake Ida Road and N. Congress Avenue.
Attachment:
LJ P&Z Staff Report
.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: September 18, 1995
AGENDA ITEM: V.D.
ITEM: Rezoning from P~C (Planned Office Center) to CF (Community
Facilities) to accommodate an adult day care facility and an ACLF,
located at the northwest corner of N. Congress Avenue and Lake Ida
Road.
GENERAL DATA:
Owner......................~............... ..... ....... Alzheimer's Association -
Greater Palm Beach Area Chapter
Agent... ................ ............ ...... ............... John Shoup
Shoup/McKinley, Architects
Location................................................ Northwest corner of N. Congress Avenue and Lake Ida Road
Property Size........................................ 6.58 Acres
Future Land Use Map.......................... Transitional
Current Zoning..................................... POC (Planned Office Center)
Proposed Zoning................................. CF (Community Facilities)
Adjacent Zoning.........................North: PRO (Planned Residential Development)
East: PCC (Planned Commerce Center)
South: PC (Planned Commercial)
West: PRO
Existing land Use............................... Vacant.
Proposed Land Use............................. Rezoning from POC to CF to accommodate an adult day care center and an
ACLF.
Water Service....................................... Existing" water main in Rainberry Lakes Drive.
Existing 8" water main in Congress Avenue
Existing 12" water main in Lake Ida Road.
Sewer Service...................................... Existing 8" sewer main in Rainberry Lakes Drive.
va
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::::::;::::::::::::::::;:::>::.::::':......:. . . ..........»>:-....;:-::.':-.<:;::.,-.:;..":::.....-'......"<"',..".';"" .....-:>::- -.:-..:.".._.....:::::-.:;:..::::- ...::';. "-,":.- -<_..>-..-:...-.::::"::.
The item before the Board is making a recommendation on a rezoning request from
.' P~C (Professional Office Center) to CF (Community Facilities). The subject parcel is
a 6.58 acre vacant parcel that is located at the northwest corner of Lake Ida Road and
N. Congress Avenue.
The proposed rezoning will accommodate the construction of an adult day care facility
for Alzheimer's disease patients, an administrative and training center, and an Adult
Congregate Living facility for Alzheimer's patients. If the rezoning is approved, a
conditional use approval for the ACLF by the City Commission and a site and
development plan approval by the Site Plan Review and Appearance Board will be
required.
The subject property is a 6.58 acre vacant parcel. The property was annexed into the
City of Delray Beach prior to 1976. The parcel was designated with several different
residential zoning districts between 1976 and 1984. '
In 1984 the Planning and Zoning Department received applications for a Land Use
Plan amendment and rezoning of the property from PRD-4 to POI (Professional Office
Institutional), conditional use approval for a drive-through bank, and site plan approval
for a 54,712 square foot professional office development and a drive through bank.
The applications were approved in 1984, but the development was not constructed
and the conditional use and site plan approvals expired.
In 1992 the Planning and Zoning Department received applications for a rezoning of a
1.70 acre portion of the property from P~C to NC (Neighborhood Commercial) and a
conditional use request for the establishment of a service station and convenience
store on that 1.70 acres. In response to the concerns of area residents regarding the
use, the remaining 4.88 acres would have been donated to the Rainberry Lakes
Homeowner's' Association to be maintained as a recreation area. The rezoning and
conditional use requests were denied by the City Commission.
In August 1995 the Planning and Zoning Department received an application for
rezoning of the parcel from P~C to CF. The rezoning is proposed to accommodate a
25 person adult day care facility serving people who suffer from Alzheimer's disease
and an 120 bed Adult Congregate Living Facility for Alzheimer's patients. A 7,000
square foot office structure housing administrative functions accessory to the principal
uses, parking facilities, and landscaping would also be included on the site. No sketch
.
I
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Rezoning Request from POC to CF
Page 2
plan for the proposed development was submitted with this application. A conditional
use approval for the ACLF and a site and development plan for the site will be
. reviewed subsequent to rezoning.
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.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the ~and use designation.
Adult day care is a permitted use in the proposed CF zoning district. An ACLF
is listed as a conditional use in the CF district. The administrative office
function is not specifically listed as a permitted or conditional use. However,
the applicant has indicated that the office use is accessory to the principal adult
day care and ACLF functions. The CF zoning district is consistent with the
property's Transitional Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water:
Water Service is available to the site via a 12 inch water main in Lake Ida Road. Per
the Comprehensive Plan, treatment capacity is available at the City Water Plant for
the City at build-out.
The nearest existing fire hydrant is located at the northeast corner of Congress
Avenue and Lake Ida Road, across from the parcel. Additional fire hydrants will be
required with site and development plan approval. Fire flow information for the
hydrant may also be required with the site plan.
Sewer:
The nearest available sewer service is an 8 inch main located in Rainberry Lakes
Drive adjacent to the northwest corner of the property. Connecting to that sewer main
.
,
Planníng and Zoning Board Staff Report
Alzheimer Health Care Systems - Rezoning Request from P~C to CF .
Page 3
will require an easement from the Rainberry Lakes Homeowner's Association for work
on their property. If connection to that main is not possible, the development may
require a main extension to an existing lift station located approximately 900 feet north
of the property. Per the Comprehensive Plan, treatment capacity is available at the
South Central County Waste Water Treatment Plant for the City at build-out. Positive
findings regarding sewer service will be also be required at the time of site plan
approval.
Streets and Traffic:
With a rezoning application, traffic concurrency is evaluated based on the most
intense use possible under the existing and proposed zonings, rather than on the
particular proposed use.
Based on development of the parcel with its maximum potential under P~C zoning -
medical office structure with a floor area ratio (FAR) of 0.3 the site would generate
approximately 3,054 average daily trips (ADn. Based on development of the parcel
with its maximum potential under CF zoning (Hospital at a FAR of 0.3) the site would
generate approximately 2,533 average daily trips ADT. The calculations for those
figures are included as Appendix "A" The applicant has also provided traffic
generation numbers for the adult day care and ACLF uses indicating that future
development on the site will generate 547 ADT. In any case, the rezoning will result in
a net reduction in potential trip generation for the site. Positive findings for traffic
concurrency and acceptance of the submitted traffic study by Palm Beach County
Engineering will be required at the time of conditional use and site plan approval.
Solid Waste:
The maximum solid waste generation under the current zoning would be
approximately 464,330 Ibs. per year (5.4 Ibs.lsJ.lyear * 85,987 sJ.) according to
generation rates established by the Solid Waste Authority. The maximum generation
under the proposed zoning would be 1,070,000 Ibs. per year (10.7 Ibs.ls.f.lyear *
100,000 sJ.) for a 100,000 square foot school. The Solid Waste Authority indicates
that it has existing capacity for all projects accounted for by current FLUM
designations. As there is no change in the FLUM, the SWA has adequate capacity to
serve the development.
Consistency: Compliance with peñormance standards set forth in Chapter 3.1.1
along with required findings in Section 2.4.5(E)(5) (Rezoning Findings) and
Section 3.3.2 (Standards for Rezoning Actions) 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.
.
,
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Rezoning Request from POC to CF
Page 4
Chapter 3 findings include the required findings of Section 3.1.1 (Future land
Use Map, Concurrency, Compliance with lDRs and Consistency). These
_ Chapter 3.1.1 findings are discussed in other sections of the report.
Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5)
(Findings), in addition to provisions of Section 3.1.1, the City Commission must
make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under
the Future land Use Map and that it is more appropriate for the
property based upon circumstances particular to the site and/or
neighborhood. .
The appropriate reason for the proposed rezoning is "C," based on the following:
The FLUM designation for the property is Transitional which permits office uses,
neighborhood commercial uses (maximum of 2 acres), and medium density
residential. The existing zoning for the property is POC, which would permit various
office uses, as well as adult day care as a conditional use. The proposed uses of the
property: an ACLF and an adult day care center are similar in intensity to office uses,
in terms of operating hours, type of structure, and parking requirement. Due to the -
lower traffic generation rates of the proposed uses and the quasi-residential nature of
an ACLF, the proposed zoning will be more appropriate in this location, which is
directly adjacent to two existing residential developments. The proposed uses of the
property will also allow for an intermediate intensity development between those
residential properties and the retail and industrial properties across Congress Avenue
and Lake Ida Road.
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:
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 subject property is currently zoned POCo The property is directly adjacent
to an existing residential development zoned PRD (Planned Residential
District) on the north and west. Properties to the south and east are zoned PC
.
.
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Rezoning Request from POC to CF
Page 5
(Planned Commercial) and PCC (Planned Commerce Center) and developed
with a mix of commercial, office, and industrial. A vacant property zoned PCC
is located to the southeast of the subject property. According to the
Comprehensive Plan, areas designated Transitional on the Future Land Use
Map can "In some instances...provide for a transition between less intensive
residential use and commercial uses." This is the function that would be
provided by the subject parcel under the development proposal associated with
the rezoning. The CF zoning designation is appropriate for the Transitional
FLUM designation and for this site. The zoning change and associated
development proposal will result in land uses that are compatible with adjacent
parcels and not adversely affect the compatibility of the property with adjacent
uses.
Standards "A," "B," and "c" do not apply to this property.
Comprehensive Plan Items: A review of objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable policies were found:
Conservation Policy 8-2.1 The submission of a biological survey and a habitat
analysis shall accompany land use requests for plan amendments, rezonings
and site plan approval. However, the requirement shall not apply...where it is
apparent that there are not such resources.
Conservation Policy 8-2.3 A tree permit shall be necessary to remove or destroy
any tree which has a diameter of four inches or greater on other than single
family lots.
The subject property is a site which has been extensively cleared and is infested with -
exotic species. No significant environmental resources are present on the site.
However, a number of trees with diameters of greater than four inches exist on the
site. A tree survey showing all trees on the site with a trunk diameter of 4 inches or
more, measured 4 1/2 feet above the ground has been submitted for the parcel.
Identification of trees to be preserved, removed, or relocated will be required with the
site plan.
Transportation Policy 0-1.1 All new development shall provide for the
installation of sidewalks or otherwise accommodate pedestrian traffic so that a
pedestrian does not have to use vehicular travelways to access common areas
or neighboring properties.
No sidewalks are proposed with the rezoning application. Installation of sidewalks on-
site and in the Lake Ida Road ROW will be required at the time of site plan approval.
Compliance with Land Development Regulations: The proposed use is to be in
compliance with the Land Development Regulations.
.
,
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Rezoning Request from P~C to CF
Page 6
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 not submitted a sketch plan with this proposal. Submission of a
sketch plan will be required with the conditional use application.
LDR Section 4.3.3(F) Adult Day Care Facilities:
Pursuant to Section 4.3.3(F) the following specific LDR requirements apply to the
proposal.
Lot Area: The minimum lot area shall be 7,500 square feet.
This site contains 6.58 acres.
The development proposal is not located in an area which requires review by the CRA
(Community Redevelopment Agency) or the Downtown Development Authority.
NEIGHBORHOOD NOTICE:
Formal public notice has been provided to the property owners within SOD' radius of
the subject property. Letters of objection, if any are received, will be presented at the
Board meeting.
Courtesy notices have been sent to:
Helen Coopersmith Lillian Feldman
PROD United Property Owners
Bernard Schneider Muriel Brooks
Chatelaine Pines of Delray North
Charlotte Lees Bernice Pernhall
Lake Ida Property Owners Rainberry Bay
Alice Finst Roger Kalter
Chatelaine Rainberry Lake
Thomas Mook Jack Kellerman
Sudan High Point
who have requested notification of petitions in that area.
.
.
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Rezoning Request from P~C to CF
Page ï
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. The proposed rezoning will somewhat reduce the potential development intensity for a
parcel directly adjacent to residential properties on two sides. The rezoning will allow
for an intermediate intensity development between residential an nearby commercial,
without undue impact on the residential area. Positive findings can be made
regarding LOR Section 3.1.1 (Required Findings), LOR Section 3.3.2 (Standards for
Rezoning Actions), and LOR Section 2.4.5(C)(5) (Rezoning Findings). Therefore, the
proposed rezoning can be recommended for approval based on the positive findings
outlined in this report.
A. Continue with direction.
B. Recommend rezoning of the subject parcel, based on positive findings
with respect to Section 2.4.5(0)(1) (rezoning findings), Section 3.1.1,
and the performance standards of Section 3.3.2.
C. Recommend denial of the rezoning request based on a failure to make
positive findings.
Recommend approval of the rezoning request from POC (Planned Office Cen.ter) to
CF (Community Facility) for the parcel described in Appendix "B", based upon positive
findings with respect to Section 3.1.1 . (Required· Findings) and Section 3.3.2
(Standards for Rezoning Actions) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(0)(5).
Attachments:
o Appendix "An
o Appendix "B"
o Location Map
o Survey
Report prepared by: Jeff Perkins. Senior Planner
U :\PERKI NSJ\PLZN\ALZHEIM. DOC
.
APPENDIX "A"
Traffic Calculations for P~C and CF Uses
Based on the Institute of Traffic Engineers Traffic Generation Manual, 5th ed.
POC Zoning
Medical Office Structure
FAR = 0.3
T = Average Daily Trips
X = Square Feet
6.58 acres * 43,560 s.f./acre = 286,625 s.f.
286,625 * 0.3 = 85,987 s.f.
Ln(T) = 1.178 Ln(x) + 2.777
Ln(T) = 1.178 Ln(85.987) + 2.777
Ln(T) = 1.178(4.454) + 2.777
Ln(T) = 5.247 + 2.777
Ln(T) = 8.024 .
T = 3,054
CF Zoning
Hospital
FAR = 0.3
Ln(T) = 0.591 Ln(x) + 5.205
Ln(T) = 0.591 Ln(85.987) + 5.205
Ln(T) = 0.591 (4.454) + 5.205
Ln(T) = 2.632 + 5.205
Ln(T) = 7.837
T = 2,533
.
APPENDIX "8"
Legal Description
A parcel of land lying in the East one-half of Section 7, Township 46 South, Range 43
East, lying in the City of Delray Beach, Palm Beach County, Florida, said parcel being
more particularly described as follows:
Commence at the Northeast corner of the aforesaid Section 7; thence run North 89°
54'30" West, an assumed bearing, along the North line of said Section 7,60.00 feet to
a point of intersection with the Westerly right-of-way line of Congress Avenue as laid
out and now in use; thence run South 00° 23'20" East along said West right-of-way
line, 1222.27 feet to a point of curve, said curve being concave to .the West having a
radius of 3759.80 feet; thence run Southerly along said curve, through a central angle
of 19° 03'45" , an arc length of 1250.90 feet to the end of said curve; thence continue
along said right-of-way line South 18° 40'25" West, 720.39 feet to the Point of the
herein described parcel; thence continue along said right-of-way line South 18° 40'25"
West, 514.41 feet to a point; thence South 22° 29'16" West !3long said right-of-way
line 180.40 feet to a point; thence South 18° 40'25" West 155.34 feet to a point;
thence South 67° 02'20" West 59.79 feet to a point in the North right-of-way line of
Lake Ida Road said point lying on a curve concave to the Southwest and having a
radius of 1670.16 feet; thence from a tangent bearing North 64° 35'46" West, run
Westerly along said curve; through an angle of 10 12'54" an arc distance of 297.77
feet to a point; thence leaving said North line run North 18° 40' 25" East, 761.43 feet
to a point; thence North 90 00'00" East, 373.61 feet to a point on the aforementioned
West right-of-way line of Congress Avenue and the Point of Beginning, located at the
northwest corner of Lake Ida Road and Congress Avenue. -
.
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /0· f). - MEETING OF OCTOBER 24 , 1995
PUBLIC HEARING FOR ORDINANCE NO. 55-95
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 55-95
which rezones a 1. 52 acre parcel of land from R-1-A (Single
Family Residential) District to CF (Community Facilities)
District. The subject property is located west of N.W. 3rd
Avenue, between Martin Luther King, Jr. Boulevard and N.W. 3rd
Street.
The purpose of the rezoning is to accommodate the establishment
of a private school as an accessory use to the existing Seventh-
Day Adventists Church which is located on the east side of N.W.
3rd Avenue. The school is currently operating in the church, but
has outgrown that facility. The anticipated enrollment is 250
students, serving kindergarten through 12th grade.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6-0) to
recommend that the rezoning be approved. At first reading on
October 10, 1995 the Commission passed the ordinance by a vote of
5-0.
Recommend approval of Ordinance No. 55-95 on second and final
reading.
f~ $-'0
,
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I! ORDINANCE NO. 55-95
I:
¡¡
II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
" DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
I' PRESENTLY ZONED R-l-A (SINGLE FAMILY RESIDENTIAL)
'I
!¡ DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF
N.W. 3RD AVENUE AND N.W. 3RD STREET, AS MORE
! PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
I GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
:11 WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned R-l-A (Single Family Residential) District; and
WHEREAS, at its meeting of September 18, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
The East Half of Block 34, except the South 96 feet
of the North 144 feet thereof, in Linton, now Delray
Beach, Palm Beach County, Florida; less the South 112
feet of the West 77.5 feet of the East 97.5 feet of
i Block 34, and the South 112 feet of the East Half of
Block 34 less the East 97.5 feet thereof, Town of
Linton (now Delray Beach), Florida, according to the
Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 1, Page 3.
Together with:
i
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,
,
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i
i; The South 96 feet of the North 144 feet of the East
!i
, 135 feet of Block 34, Town of Delray Beach, Florida.
The subject property is located at the southwest
¡' corner of N.W. 3rd Avenue and N.W. 3rd Street;
containing 1.52 acres, more or less.
Section 2. That the Planning Director of said City shall, I
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.
I
!
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 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 24th day of October , 1995.
.
ATTEST: ~~
0;1 ~6nY7ll t HI /1? Jla1lv
ity Cle k
First Reading October 10, 1995
Second Reading October 24, 1995
1
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., I
I,
- 2 - Ord. No. 55-95
.
. 01<
tJ/0
CITY COMMISSION DOCUMENTATION
TO: ~. HARDEN, CITY MANAGER
THRU: D V~N~~i~~
DEPARTMENT OF PLAN NG D ZONING
~ ~
FROM: JAN~S, SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 10, 1995
REZONING FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCATED
WEST OF N.W. 3RD AVENUE, SOUTH OF N.W. 3RD STREET.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from R-1A (Single Family Residential)
to CF (Community Facilities) for a school associated with the Seventh-Day
Adventists church.
The subject property is located west of N.W. 3rd Avenue, south of N.W. 3rd
Street, and contains approximately 1.52 acres.
BACKGROUND:
Currently, the subject property is vacant and involves a portion of the east one half of
Block 34. The property is owned by the Seventh-Day Adventists church which is
located on the east side of N.W. 3rd Avenue. The rezoning is being sought to
accommodate a private school, which would be an accessory use to the church. The
school currently operates within the existing church facility which they have outgrown.
The anticipated enrollment of the school is 250 students, and will service kindergarten
through 12th grade. Additional background and analysis of the request can be found in
the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of September 18, 1995, the Planning and Zoning Board held a public
hearing for the rezoning request. There was no public testimony in opposition to the
request. The board voted 6-0 to recommend that the request be approved.
.
,
City Commission Documentation
Rezoning from R-1A to CF for the Seventh-Day Adventists Church
Page 2
RECOMMENDED ACTION:
Q By motion, approve on first reading the ordinance rezoning a portion of
Block 34 from R-1A (Single Family Residential) to CF (Community
Facilities) as described in the attached ordinance, and setting a public
hearing date of October 24, 1995.
Attachments:
. P&Z Staff Report and Documentation of September 18, 1995
. Ordinance by Others
.
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
~
MEETING DATE: September 18,1995
AGENDA ITEM: V.E.
ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities) to accommodate an elementary school associated with an
existing church, located on the west side of NW 5th Avenue, north of
Martin Luther King Boulevard (NW 2nd Avenue).
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GENERAL DATA:
Owner........................................ Southeastern Conference of Seventh-Day Adventists
Agent......................................... Pastor Brent Waldon Sr.
Location..................................... West side of NW 5th Avenue, north of Martin Luther King
Boulevard (NW 2nd Avenue).
Property Size............................. 1.52 Acres
Future Land Use Map................ Low Density Residential (0-5 d.u.lacre)
Current Zoning.......................... R-1-A (Single Family Residential)
Proposed Zoning....................... CF (Community Facilities)
Adjacent Zoning...............North: R-1-A
East: CF
South: R-1-Ä,
West: R-1-Ä
Existing Land Use.................... Vacant
Proposed Land Use................... Rezoning from R-1-A (Single Family Residential) to CF
(Community Facilities) to accommodate an elementary school
associated with an existing church.
Water Service............................ Existing 24" water main in Martin Luther King Boulevard.
Existing 2" water main in NW 3rd Avenue.
Sewer Service.......................... Existing 8" sewer main in NW 3rd Avenue.
VE
.
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Tlie action before the Board is making a recommendation on a rezoning request
from R-1A (Single Family Residential) to CF (Community Facilities).
The subject property is located west of N. W. 3rd Avenue, on the south side of
N.W. 3rd Street and contains approximately 1.52 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
Currently, the subject property is vacant and involves a portion of the east one
half of Block 34. Block 34 was originally platted in 1896 as part of the Town of
Linton Plat. No other development activity has occurred on the property.
,
The development proposal is to rezone a vacant parcel of land from R-1-A to
CF. The rezoning is being requested by the Seventh-Day Adventists church to
accommodate a private school as an accessory use to the church. The school
currently operates within the existing church facility which they' have out grown.
The anticipated enrollment of the school is 250 students, and will service
kindergarten through 12th grade.
The applicant has submitted a sketch plan which provides for an 18,961 square
foot structure, a drop-off area, and playground areas. Only one parking space
has been provided on site. The church has indicated that they wish to utilize
their existing parking lot across the street to meet on-site parking requirements.
t '. ZONINGANAL'lSIS: ~
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
.
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 2
# 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 current Future Land Use Map designation for the subject property is
Low Density Residential. The requested zoning change is from R-1-A to
CF. The proposed zoning designation of CF is consistent with the Low
Density Residential Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan. Streets and Traffic:
A traffic impact study was not submitted with the request. The current R-1-A
zoning designation generally permits only single family dwellings at a maximum
density of 5 units per acre. The Palm Beach County Traffic Peñormance
Standard Ordinance establishes traffic generation rates of 10 ADT per unit for
single family residences. With R-1-A zoning and a density of 5 units per acre (7
units) would generate 70 ADT. The ultimate development potential of the site to
accommodate a school with 250 students will result in 748 ADT (2.99 trips per
student x 250 students = 748). Thus, there is a net potential increase of 678
ADT from the proposed rezoning.
The 678 net trips which could be generated by the development under the CF
district may impact Lake Ida Road which is currently over capacity. It is noted
however, that the contract for widening Lake Ida Road should occur within the
next several months. Provision of a traffic study will be required with the site
plan, and positive findings of concurrency will be required with the approval of
that plan.
Water and Sewer:
Preliminary engineering plans were not submitted with the application. Water
service is available to the site via an 8" main located along the south side of
N.W. 3rd Avenue. Sewer service is available to the site via a 6" main which
.
.
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 3
dead-ends approximately 160' north of the intersection of N.W. 3rd Avenue and
NrW. 2nd Street. Upgrading of the 6" main to an 8" main may be required with
this development proposal and can be further addressed with the site plan
process.
The rezoning from R-1-A to CF will generate an increase in water and sewer
demands, however, there is adequate capacity at the existing facilities to handle
the water and sewage demands generated from this development.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
Solid Waste:
The proposed 18,961 square foot school will generate 101 tons of solid waste
per year. Seven single family homes would generate 13.93 tons of solid waste
per year. While there is a net increase in solid waste generation, the Solid
Waste Authority indicates in its annual report that the established level of
service standards for solid waste will be met for all developments until 2021.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for RezoninQ Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed com patible 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.
Parcels adjacent to and near the subject parcel are primarily residential.
This school represents an expansion of an existing use, which has not
experienced any compatibility problems to date. Churches and their
accessory uses (schools) are allowed as a Conditional Use in the current
R-1A zoning district. However, the scale of the proposed school makes
the CF district, which provides for greater setbacks and buffering, more
.
I
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 4
. appropriate for the property. The setback and buffering requirements of
the CF district will ensure compatibility. The church owns the east one
half of Block 34, and is surrounded on the north, south and east by rights-
of-ways. To the west, the proposed school will abut single family homes.
Given the size of the school it would be appropriate that a wall be
provided along the western property line for additional buffering. This
item can further be addressed with the approval of the site plan.
Section 2.4.5(D)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(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;
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 submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is MC". The
justification statement is summarized below:
The CF district is a special purpose district which is intended to permit
uses which serve public or semi-public purposes. The CF district is
deemed to be appropriate in any Future Land Use category. The
proposed school as an accessory use to the church and are allowed as
conditional uses in the R-1 districts and can, therefore considered to be of
a similar intensity. The development proposal may be more appropriate
than single family homes, as the school will provide an educational facility
servicing the surrounding neighborhoods.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and no applicable policies were found.
I
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 5
Compliance with Land Development ReQulations: The proposed use is to
bè 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 sketch plan. While the submitted sketch plan is
not being formally considered at this time, the following comments are provided.
LDR Section 4.3.4(K) Development Standards Matrix:
Sufficient information was not provided on the sketch plan to fully 'address all of
these standards. However, it appears that proposal will meet or exceed all
requirements of this section.
LDR Section 4.4.21 (H) CF District Special Regulations:
When this district (CF) is adjacent to residential zoning, the 'perimeter landscape
area should be 15'; or, as an alternative, either a wall, decorative fencing, or
hedging should be installed for aesthetic and buffering purposes. Residential
properties are located along the western boundary of the project. The proposed
service drive is within this setback, and no wall or hedges are proposed. There
appears to be sufficient space on site to relocate the service drive to provide the
15' landscape setback. In addition, a wall should be provided to buffer this
development from the residential uses to the west.
LDR Section 4.6.9 Parking:
The school is considered an accessory use to the church and does not require
additional parking per code. The school will however, be located on a separate
parcel of land from the church, and is separated by a street. The sketch plan
indicates that only one parking space is to be provided on site, and parking for
the school will be accommodated by the existing parking lot located on the
church property across the street. It may be appropriate to provide additional on
site parking. This item will need to be further reviewed with the site and
development plan process.
LDR Section 6.1.3 Sidewalks:
Currently no sidewalks exist along N.W. 3rd Avenue or N.W. 3rd Street.
Pursuant to LDR Section 6.1.3 sidewalks will be required along these rights-of-
way with the development of this site.
,
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 6
~
LDR Section 4.6.16 Landscaping:
No landscape plan has been submitted at this time. The submission of a
landscape plan meeting all requirements of Section 4.6.16 will be required with
the site and development plan submission.
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
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:
0 Lake Ida Homeowners Association
Letters of objection, if any, will be presented at the P & Z Board meeting.
f:i:::::¡:::¡:::::i¡¡:¡:¡:ii:::.:·¡:::·:.::·.':·::·¡·.·"::¡:.::::::::::::::::::,::,:·,..i:::::.:!::Χ§ì§.§MI·ÑÎ..·IÎ.η:::ìlm!§.§ÿi§:ì!ÎΧ;;!::::::!::··:!:·,,,:::·:;::::..:!::.:.:::,'::.¡:.::.:.:..!::!...:......::.::..:.":.'
The proposed rezoning of the subject property to CF accommodates a use which
is a conditional use in the current R-1-A zoning district. The church is seeking to
rezone the property to relocate its educational function to a larger facility. The
CF zone district will require larger setbacks and buffers to the adjacent
residential properties. All required public facilities and services are available to
serve the proposed development. The CF zoning district is consistent with the
Low Density Residential FLUM designation. Required positive findings with
respect to Section 2.4.5(0)(5) (rezoning Findings), Section 3.1.1, and the
performance standards of Section 3.3.2 can be made. Based on the above, the
proposed rezoning of the Seventh-Day Adventists property to CF is
recommended for approval.
.
.
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 7
,
I ~ AL TERNA TIVEACTIONS: I
A. Continue with direction.
B. Recommend rezoning of the subject property from R-1-A to CF,
based on positive findings with respect to Section 2.4.5(0)(5)
(rezoning findings), Section 3.1.1 and the performance standards
of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make
positive findings.
Recommend approval of the rezoning request for the Seventh-Day Adventists
from R-1-A (Single Family Residential) to CF (Community Facilities), based upon
positive findings with respect to Section 3.1.1 (Required Findings) and Section
3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(0)(5).
Attachments:
0 Survey
0 Sketch Plan
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10£ - MEETING OF OCTOBER 24, 1995
PUBLIC HEARING FOR ORDINANCE NO. 56-95 (REZONING FOR
COMMUNITY CHILD CARE CENTER)
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 56-95
which rezones a 0.43 acre parcel of land from R-1-A (Single
Family Residential) District to CF (Community Facilities)
District. The subject property is located on the south side of
Lake Ida Road, west of N.W. 5th Avenue, lying west of and
adjacent to the existing Community Child Care Center.
The purpose of the rezoning is to accommodate the expansion of
the Child Care Center. The applicant has submitted a sketch plan
which provides for a 5,570 square foot structure, eleven parking
spaces, drop-off area and playground area. The expansion will
accommodate 55 children ages 18 months to two years.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6-0) to
recommend that the rezoning be approved. At first reading on
October 10, 1995 the Commission passed the ordinance by a vote of
5-0.
Recommend approval of Ordinance No. 56-95 on second and final
reading.
f(1MfÆ 5-0
.
,
_.~_.."...." .~._--~....._- --~_._--~ .- --- . - ...~, -._- --
'I
I ORDINANCE NO. 56-95
,
I
II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
i
I PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
¡ DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT¡
I
I SAID LAND BEING LOCATED ON THE SOUTH SIDE OF LAKE IDA
ROAD, WEST OF AND ADJACENT TO THE COMMUNITY CHILD
CARE CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN¡
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
i 1994"¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
I:
ii CLAUSE, AND AN EFFECTIVE DATE.
Ii
.'
't WHEREAS, the property hereinafter described is shown on the
¡,
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned R-1-A (Single Family Residential) District¡ and
¡i
I: WHEREAS, at its meeting of September 18, 1995, the Planning
~ i and Zoning Board for the City of Delray Beach, as Local Planning
Ii
,I Agency, considered this item at public hearing and voted 6 to 0 to
Ii recommend approval of the rezoning, based upon positive findings¡ and
WHEREAS, it is appropriate that the Zoning District Map of
Ii
the City of Delray Beach, Florida, dated April, 1994, be amended to
I reflect the revised zoning classification.
I
I
i' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~HE
!i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"
ii
I'
1\ Section 1. That the Zoning District Map of the City of
Ii
Ii Delray Beach, Florida, dated April, 1994, be, and the same is hereby
II amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
That part of the South Half of Lot 5, Subdivision of
I
II
i Section 8, Township 46 South, Range 43 East, Palm
I Beach County, Florida, as recorded in Plat Book 1,
II Page 4 of the Public Records of Palm Beach County,
Florida, described as follows:
I' Commence at the Northeast corner of the West Half of
·1 the South Half of said Lot 5¡ thence North 89 degrees
I'
I 58'40" West, along the North line of the South Half
II of said Lot 5, 25.00 feet¡ thence South 0 degrees
'I 08'30" East, along a line 25.00 feet West of and
,I parallel with the East line of the West Half of said
Lot 5, 40.69 feet to the South right-of-way line of
ii Lake Ida Road and the point of beginning¡ thence I
II
I
" I
tI
II
11
Ii
;1
.
,
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-.--'1-.-.......'.. --.---.,..".--.". - .~ ___~__.._~.. ....._"________._.~._.. _ ___....__._ _J_
f: continue South 0 degrees 08'30" East, along said
I;
parallel line, 119.31 feet to a line 160.00 feet
I South of and parallel with the North line of the
South Half of said Lot 5' thence South 89 degrees
,
58'40" East, along said parallel line, 38.82 feet;
¡. thence North 0 degrees 37'30" West, along the East
right-of-way line of N.W. 6th Avenue, 105.44 feet to
said South right-of-way line of Lake Ida Road and to
a point on a curve concave southerly with a radius of
779.02 feet, a central angle of 2 degrees 58'27" and
a chord bearing North 69 degrees 53'39" West, thence
westerly, along the arc of said curve and along the
South right-of-way line of Lake Ida Road, 40.44 feet
to the said point of beginning.
Together with: i
That parcel of land described as follows: Commencing I
25 feet West from the Northeast corner of the West I
Half (W 1/2) of the South Half (S 1/2) of Lot 5,
Section 8, Township 46 South, Range 43 East, for a
point of beginning; thence South 160 feet; thence
West 75 feet; thence North 160 feet; thence East 75
feet to the point of beginning; Palm Beach County,
Florida, less right-of-way deeded to County of Palm
Beach, in Deed Book 1145, Page 623, Public Records of
Palm Beach County, Florida, according to Plat thereof
on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded
in Plat Book 1, Page 4.
The subject property is located on the south side of
Lake Ida Road, west of N.W. 5th Avenue, lying west of
and adjacent to the Community Child Care Center;
containing 0.43 acres, more or less.
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
;1 Section 1 hereof.
I
,
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
I·
- 2 - Ord. No. 56-95
,
.
,
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->
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"
Ii Section 4 . 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
I' decision shall not affect the validity of the remainder hereof as a
! whole or part thereof other than the part declared to be invalid.
i
i Section 5. That this ordinance shall become effective
I
I immediately upon passage on second and final reading.
I PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of October 1995.
~~
ATTEST: r M A Y¿p'R
I !2bvm~ JI¡ I~()) Jh fir
City C erk
First Reading October 10, 1995
Ii Second Reading October 24, 1995
,
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¡ I
i - 3 - Ord. No. 56-95
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S.D. SPADY <
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ELEMENTARY
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z I Z Z I Z T
I
::ilK MARTIN LU KING JR.
,,--, r I II I I I I I I . I II I I I II I
N
- COMMUNITY CHILD CARE
PLANNING DEPARTUENT
ON Of' DELRAY ßE"'CH. FL
- - OICfTAl BASC IoIAP Sr.srcu --
.
Of
fff1
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
-
! ~. I~\
THRU: ~âòt~~¿:b~~OR
DEPARTMENT OF PLA NING\AND ZONING
~/
FROM: ~KS. SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 10,1995
REZONING FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PARCEL OF LAND
LOCATED SOUTH OF LAKE IDA ROAD, WEST OF N.W. 5TH
AVENUE (COMMUNITY CHILD CARE CENTER)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance rezoning a parcel of land from R-1A (Single
Family Residential) to CF (Community Facilities).
The subject property is located on the south side of Lake Ida Road, west
of N. W. 5th Avenue, and contains approximately .429 acres.
BACKGROUND:
On July 11, 1995, the City Commission approved the abandonment of a portion
of N. W. 6th Avenue for expansion of the Community Child Care Center, which is
zoned CF (Community Facilities). The City recently received an application for
site plan approval for the expansion of the center. The addition is to be located
on the abandoned portion of the right-of-way and the lot located directly to the
'\Nest of the right-of-way (lot 57). With the review of the project it was noted that
Lot 57 was zoned R-1A, and child care facilities are only allowed as a
Conditional Use in that zone district. It was determined that a change in zoning
would be more appropriate than granting a Conditional Use, as it would bring the
entire property under one zoning (CF). Additional background and analysis of
the request can be found in the attached Planning and Zoning Board Staff
Report.
.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of September 18, 1995, the Planning and Zoning Board held a
public hearing for the rezoning request. There was no public testimony in
opposition to the request. The Board voted 6-0 to recommend that the request
be approved.
RECOMMENDED ACTION:
Q By motion, approve on first reading of ordinance rezoning the
Community Child Care Center property from R-1A (Single Family
Residential) to CF (Community Facilities) as described in the
attached ordinance, and setting a public hearing date of October
24, 1995.
Attachments:
. P&Z Staff Report and documentation of September 18, 1995
. Ordinance by Others
.
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---ST AFF REPORT ---
.
MEETING DATE: September 18, 1995
AGENDA ITEM: V.F.
ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities) to accommodate an expansion of an existing child day care
center, located on the south side of Lake Ida Road, west of NW 5th
Avenue.
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GENERAL DATA:
Owner........................................ Community Child Care Center of Delray Beach, Inc.
Agent. .......... ..................... ......... Dorothy Ellington
Location..................................... South side of Lake Ida Road, west of NW 5th Avenue.
Property Size............................. 0.429 Acres
Future Land Use Map................ Low Density Residential (0-5 d.u.lacre)
Current Zoning.......................... R-1-A (Single Family Residential)
Proposed Zoning....................... CF (Community Facilities)
Adjacent Zoning...............North: R-1-AA (Single Family Residential)
East: CF
South: R-1-A,
West: R-1-A
Existing Land Use.................... Vacant parcel and abandoned, unimproved road right-of-way.
Proposed Land Use................... Rezoning from R-1-A to CF to accommodate an expansion of
the existing day care center on the adjacent parcel to the west..
Water Service............................ Existing on site.
Sewer Service........................... Existing on site.
V.F
.
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.
The action before the Board is making a recommendation on a rezoning request
from R-1A (Single Family Residential) to CF (Community Facilities).
The subject property is located on the south side of Lake Ida Road, west of N.W.
5th Avenue, and contains approximately 0.429 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
The subject property involves an unplatted lot indicated on the Property
Appraiser's Map as Lot 57, and a portion of N.W. 6th Avenue which was recently
abandoned (7/11/95).
The development proposal is to rezone a vacant parcel of land and a recently
vacated portion of N.W. 6th Avenue from R-1-A to CF. The rezoning is being
requested by the Community Child Care Center for the expansion of its facility.
The applicant has submitted a sketch plan which provides for a 5,570 square
foot structure, 11 parking spaces, drop-off area, and playground area. The
expansion is to accommodate 55 children ages 18 months-24 months.
I.d .. ······Z,ONINGANÄLYSIS:d .dil
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.
I
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 2
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 current Future Land Use Map designation for the subject property is
Low Density Residential. The requested zoning change is from R-1-A to
CF. The proposed zoning designation of CF is consistent with the Low
Density Residential Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan. Streets and Traffic:
A traffic impact study was submitted with the request. The current R-1-A zoning
designation generally permits only single family dwellings at a maximum density
of 5 units per acre. The Palm Beach County Traffic Performance Standard
Ordinance establishes traffic generation rates of 10 ADT: per unit for single
family residences. With R-1-A zoning and a density of 5 units per acre (2 units)
would generate 20 ADT. The ultimate development potential of the site to
accommodate a 5,570 square foot structure would generate 397 ADT. Thus,
there is a net potential increase of 377 ADT from the proposed rezoning.
Lake Ida Road is within the project's Radius of Influence and is currently over
capacity. However, the traffic study indicates that the contract for widening Lake
"Ida Road has already been let. Base on the project's build-out date of 1996,
adequate capacity will exist on Lake Ida Road to accommodate this project. The
study concludes that the project meets the criteria outlined in Palm Beach
County Traffic Performance Standards.
Water and Sewer:
Water service is available to the site via a 6" main located along the north side
of the east/west alley which is situated along the front of the project. Sewer
service is to be provided to the site via an 8" main located along the south side
of N.W. 4th Street. The rezoning from R-1-A to CF will generate an increase in
water and sewer demands, however, there is adequate capacity at the existing
facilities to handle the water and sewage demands generated from this
development.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
.
I
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 3
- Sðlid Waste:
The proposed 5,570 square foot school will generate 29.8 tons of solid waste
per year. Two single family homes would generate 3.98 tons of solid waste per
year. While there is a net increase in solid waste generation, the Solid Waste
Authority indicates in its annual report that the established level of service
standards for solid waste will be met for all developments until 2021.
Consistency: Compliance with the peñormance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezonina Actions): The applicable
peñormance standards of Section 3.3.2 and other polici~s which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts
from the new use.
Rights-of-way abut the property on the north and south. To the west is a
vacant parcel of land zoned R-1A, and to the east is the existing
Community Day Care Center. There are no compatibility concerns noted
with the properties located to the north, south or west. In order to mitigate
impacts on the property to the west, a wall or hedges 4 1/2' height at the
time of planting and trees 25' on center should be provided to adequately
buffer the site. This item can further be addressed with the approval of
the site plan.
Section 2.4.5(DH5} (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(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:
.
,
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 4
. 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 submitted a justification statement as a part of' the rezoning
application. The statement indicates that the applicable reason is "'c". The
justification statement is summarized below:
The CF district is a special purpose district which is intended to permit
uses which serve public or semi-public purposes. The CF district is
deemed to be appropriate in any Future Land Use category. The
rezoning will accommodate the expansion of an existing child care facility
which is needed by the community.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and no applicable objectives or policies were found.
Compliance with Land Development Reaulations: 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 Sketch Plan. While the submitted sketch plan is
not being formally considered at this time, the following comments are provided.
LDR Section 4.3.4(K) Development Standards Matrix:
The site's improvements, as proposed in the sketch plan, will meet or exceed all
requirements of this section.
I
.
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 5
LDR Section 4.4.21(H) CF District Special Regulations:
.
When this district (CF) is adjacent to residential zoning, the perimeter landscape
area should be 15'; or, as an alternative, either a wall, decorative fencing, or
hedging should be installed for aesthetic and buffering purposes. A residential
property is located along the western boundary of the project. While trees and
hedges are proposed along this property line (24- height hedge, and trees 30' on
center), the trees should be spaced at 25' on center and the hedge installed at
the height of 4 1/2 feet.
LDR Section 4.6.9 Parking:
The proposed development is required to provide 19 parking spaces. Eleven
(11) spaces have been provided on site, and 4 parallel parking spaces are
provided within the N.W. 6th Avenue right-of-way. The spaces located within
the right-of-way cannot be counted towards meeting on-site parking
requirements. Staff is recommending that these spaces be eliminated in order to
provide some stacking area for the drop-off area. There are 'several additional
parking spaces on Phase 1 which can be counted towards meeting this site's
requirements. A reduction in parking may be appropriate and can further be
addressed with the site and development plans.
LDR Section 6.1.3 Sidewalks:
Currently, no sidewalks exist along N.W. 6th Avenue. The development
proposal includes the installation of a 5' sidewalk, thus meeting this code
requirement.
LDR Section 4.6.16 Landscaping:
Landscape plans were submitted with the application. The plans appear to meet
the requirements set forth in LDR Section 4.6.16. A full review of the plans will
be conducted with the review of the site and development plans.
1···:T:r···· ................................... ···················li!······· ···················II··(··rri!······························f············· :" . .. '.' ..... '1
........................................................................................................................................................................................................................................................
I:¡::::~:::::::~:·,.:~:::.:::~:~:::::~I:::::::::::::::~:::::::~::::::;¡:¡.::¡:¡::::~~::::::::::::¡:::::::~:~::::::::~:::::::::¡:::~:¡::::::¡¡BiIU¡.¡::il:¡¡illfI:iB§;::::~¡::::¡:::::::::::::::::::::::::::¡:::::::::¡:¡:~:::¡I::~::::¡::~:::~::::::::::::::::::¡~::::¡::¡:::¡:::::~::::i~~~~:~~~::~:::::¡::~::::¡:::::·
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
.
I
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 6
.
- 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:
0 Lake Ida Homeowners Association
Letters of objection, if any, will be presented at the P & Z Board meeting.
"¡:¡¡~:~¡::::i.::::i::i·i::.:·:j::ii::¡::j:::::i:::::::i¡¡:·:.j·::¡·:::¡¡:ijj:::::¡¡·:¡:·:::::::j:I~Î[§§~M§NI::ilfJ.l¡ii·llfjlll:§.I¡ÎI~;:![·:··:i:·¡.i:j:::::::¡:¡::::~::::¡:::::::::::::ii·i:·¡::::··.!:ji:::·j":::·:·[j.i·.:;:·[:;·1
The proposed rezoning of the subject property to CF will accommodate the
expansion of an existing child care facility. The CF zone district will insure that
adequate buffers are provided along the western boundary of the property where
it abuts residentially zoned property. All required public facilities and services
are available to serve the proposed development. The CF zoning district is
consistent with the Low Density Residential FLUM designation. Required
positive findings with respect to Section 2.4.5(0)(5) (rezoning Findings), Section
3.1.1, and the performance standards of Section 3.3.2 can be made. Based on
the above, the proposed rezoning of the Community Child Care Center property
to CF is recommended for approval.
I . . -. ,
<ALTERNATIVEÄCTIONS:·········<· .
A. Continue with direction.
B. Recommend rezoning of the subject property from R-1-A to CF,
based on positive findings with respect to Section 2.4.5(0)(5)
(rezoning findings), Section 3.1.1, and the performance standards
of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make
positive findings.
,
·
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 7
Recommend approval of the rezoning request for the Community Child Care
Center from R-1-A (Single Family Residential) to CF (Community Facilities),
based upon positive findings with respect to Section 3.1.1 (Required Findings)
and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D}(5}.
Attachments:
0 Survey and Sketch Plan
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I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'ft1
SUBJECT: AGENDA ITEM i loF - MEETING OF OCTOBER 24. 1995
FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO.
58-95 (TEXT AMENDMENT TO THE MIXED INDUSTRIAL AND
COMMERCIAL ZONING DISTRICT)
DATE: SEPTEMBER 15, 1995
This is first reading and the first of two public hearings for
Ordinance No. 58-95 which amends the Mixed Industrial and
Commercial (MIC) zoning district by deleting II furniture and home
furnishings, including appliances II , from the Retail Trade category
(where the use cannot exceed 25% of the total floor area of the
building) , and adds as a separate category under permitted uses,
II Interior Design and Furnishings", thereby eliminating the 25%
limitation. In addition, Section 4.4.19(H)(3) as currently
written provides that each building must have at least 50% of its
floor area devoted to industrial use. Since this would not always
be the case with a home furnishings store, the proposed amendment
deletes that section.
This LDR amendment was initiated by the City Commission on August
29, 1995. The Planning and Zoning Board considered it at public
hearing on September 18, 1995, and voted unanimously to recommend
approval.
Because this ordinance proposes to change the actual list of
permitted uses within a zoning category (i. e. the MIC district) ,
two public hearings are required pursuant to Florida Statutes
Chapter 166. Hence, the first public hearing has been noticed in
conjunction with first reading of the ordinance, while the second
public hearing will be scheduled as usual at second reading.
Recommend approval of Ordinance No. 58-95 on first reading. If
passed, the second public hearing will be held on November 7, 1995.
p~ 5-0
ref:agmemo6
.
I
, .
cc: At (50l--J CITY OF DB.RAY BEACH
fllTlCE OF IWCIPAL USE CHANGE
_ fII. 58-86
The City of Del ray Beach proposes to adopt the following
ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING SEC·
TION 4.4.19, ·MIXED INDUSTRIAL AND COMMERCIAL
(MIC) DISTRICT", SUBSECTION 4.4.19 (B) ·PRINCIPAL
USES AND STRUCTURES PERMITTED" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY DELETING "FURNITURE AND HOME FUR·
NISHINGS, INCLUDING APPLIANCES" AND ADDING
"INTERIOR DESIGN AND FURNISHINGS" AS A PRINCIPAL
USE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony on the ordinance.
The first Public Hearing will be held on Tuesday. October 24.
1995. at 7:00 p.m., in the City Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed
on First Reading, a second Public Hearing will be held on
Tue~. November 7. 1995. at 7:00 p.m.
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing to the Planning Department. Copies of
the ordinance are available from the Planning and Zoning
Department, 100 N.W. 1st Avenue (Phone 243-7040),
between the hours of 8:00 a.m. and 5:00 p.m. on weekdays
(excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMIS-
SION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEED·
INGS IS MADE WHICH RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE
SUCH RECORD PURSUANT TO FS 286.0105.
CITY OF DELRAY BEACH
ALISON MACGREGOR HARTY
CITY ClERK
PUBLISH:OCTOBER 16, 1995
NOVEMBER 1, 1995
The News
Boca RatonlDe'lray Beach
Ad #714032
.
.
.
ORDINANCE NO. 58-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19,
IIMIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICTII ,
SUBSECTION 4.4.19(B), II PRINCIPAL USES AND STRUCTURES
PERMITTED II , OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DEL RAY BEACH, BY DELETING IIFURNITURE AND
HOME FURNISHINGS, INCLUDING APPLIANCES II AND ADDING
II INTERIOR DESIGN AND FURNISHINGS"; AMENDING SECTION
4.4.19(H), IISPECIAL REGULATIONS", BY DELETING
SUBPARAGRAPH 4.4.19(H) (3) IN ITS ENTIRETY, AND
RENUMBERING THE REMAINING SUBPARAGRAPHS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of September
18, 1995, and has forwarded the change with a recommendation of
approval by a vote of 6 to 0; 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 BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, IIZoning Regulations II , Article
4.4, IIBase Zoning District" , Section 4.4.19, IIMixed Industrial and
Commercial (MIC) Districtll, Subsection 4.4.19(B), "Principal Uses and
Structures Permitted II , of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, repair and
wholesale of items and other uses as permitted at Section 4.4.20(B).
(2 ) Finance, Insurance, and Real Estate Services.
Finance, insurance, and real estate services as a secondary use within
anyone building, but only to the extent that the floor area for the
named uses (either accessory to an industrial use or not) shall not
exceed 25% of the floor area of the total building.
.
·
(3 ) Business Services. Business services as a
secondary use within anyone building, but only to the extent that the
floor area for all office use (either accessory to an industrial use
or not) shall not exceed 25% of the floor area of the total building.
Such uses shall include, but not be limited to:
(a) Accounting and bookkeeping services
(b) Advertising services
(c) Architectural and engineering services
( d) Computer and data processing services
(e) Correspondence and vocational schools
(f) Credit reporting and collection
(g) Detective and protective services
(h) Legal services
(4 ) Retail trade. Retail uses as a secondary use
within any one building, but only to the extent that the floor area
for all retail use (either accessory to an industrial use or not)
shall not exceed 25% of the floor area of the total building.
Although an intent of this zoning district is to allow retailing of
items manufactured, repaired, or wholesaled on-site, additional retail
uses may be allowed. Such additional uses may include, but are not
limited to:
(a) Apparel and accessory stores
( b) Bakeries
(c) Building materials and garden supplies,
except mobile home dealers
(d) Camera and photographic equipment and
supplies
/øJ ,~t~t~~tØ/~~~/~Ø¢Ø/t~t~tø~t~WØ¡/t~¢~~~t~w
~JSJS~t~~¢øø
(t~) Hobbies, games and toys
(W~) Jewelry, gifts, novelties
(~g) Luggage and leather goods
(th) Mail order houses
(1.1) Radio and television sets
O~i) Seasonal holiday items (Christmas trees,
fruit baskets, other seasonal items)
(~k) Sporting goods, including bicycles
ill Interior Design and Furnishings. The wholesale.
retail. storage and distribution of home furnishings. floor coverings.
wall coverings. lighting. and other items related to the finishing and
furnishing of interior space.
- 2 - Ord. No. 58-95
Section 2. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Subsection 4.4.19(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Special Regulations:
( 1 ) Loading and unloading shall be restricted to side
and rear yards and shall be prohibited within the front yard setback.
(2 ) Within the front yard setback, the first ten feet
(10') abutting the right-of-way shall be a landscaped area within
which no paving shall be allowed except for driveways and walkways
leading to structures on the premises. Such driveways and walkways
shall be generally perpendicular to the property line.
f.'/J'1//~':¢þí /1ólÁ~;r~~yi2f /~þí,:;r;r /þí,:ýø /':f. /;rø':~f. /f.~f.f.ý /JSøt¢ø¢f.
f.~ø~'1/øf./~t¢/f.;røøt/,:tø':/~øýøtø~/tØ/~¢~lÁ¢tt~,:;r/lÁ¢ø¡
( ~.J.) Overhead doors shall be prohibited from facing a
public right-of-way.
( ~.!) Except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed building.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 3 - Ord. No. 58-95
.
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
- 4 - Ord. No. 58-95
.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, P & Z DIREC~
SUBJECT: MEETING OF OCTOBER 24, 1995
AMENDMENT TO LDR SECTION 4.4.19, MIXED I RIAL AND
COMMERCIAL (MIC) DISTRICT, ADDING "INTE DESIGN AND
FURNISHINGS" AS A PERMITTED USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an amendment to the LDRs.
The affected sections are contained in the MIC zoning district regulations, and include
Sections 4.4.19(B)(4), (B)(5) and (H)(3).
BACKGROUND:
This amendment was initiated by the City Commission at a special meeting held on
August 29, 1995. It was intended to accommodate the establishment of an ABC
Carpets store in the former Kraft building, which is zoned MIC. That proposal has been
withdrawn, however, it is appropriate to proceed with the amendment. The attached P &
Z staff report includes additional background, as well as an analysis of the request.
It should be noted that subsequent to the P & Z Board's consideration of this item, a
section of the MIC regulations was identified as perhaps being inconsistent with the
change. Section 4.4. 19(H)(3) requires that every building have at least 50% of its floor
area devoted to an industrial use. That would not always be the case with a home
furnishings store. The amendment that is before the Commission deletes that section.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of September 18,
1995. There was no public testimony on the item. The Board voted unanimously to
recommend approval of the amendment.
RECOMMENDED ACTION:
0 By motion, approve the amendment adding "Interior Design and
Furnishings" to LDR Section 4.4.19, MIC District, as provided in the
attached ordinance.
Attachments:
· P&Z Staff Report of September 18, 1995
· Proposed LDR amendment
· Ordinance (by others)
,
PROPOSED AMENDMENT TO THE MIC ZONING DISTRICT
Delete/amend the following:
Section 4.4.19(B)(4)
(a) Apparel and accessory stores
(b) Bakeries
(c) Building materials and garden supplies, except mobile home dealers
(d) Camera and photographic equipment and supplies
(e) Furniture and home furnishings, including appliances
#} áú Hobbies, games, and toys
~ ill Jewelry, gifts, novelties
W .(g} Luggage and leather goods
W.(b} Mail order houses
mill Radio and television sets
W.ill Seasonal holiday items (Christmas trees, fruit baskets, other seasonal
items)
~ 00 Sporting goods, including bicycles
Section 4.4.19(H)
(3) Each building shall have, at least, fifty percent (50%) of its floor
area devoted to industrial use.
~ æ Overhead doors shall be prohibited from facing a public right-of-
way.
tðt ~ Except for outside storage approved pursuant to Section
4.6.6(C)(2), all principal and conditional uses shall be conducted within an
enclosed buildings.
Add the following:
Section 4.4.19(B)(5)
Interior Design and Furnishings. The wholesale. retail. storage and
distribution of home furnishings. floor coverings. wall coverings. lighting. and
other items related to the finishing and furnishing of interior space.
s:planni\docume\reports\ccmic
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 18,1995
AGENDA ITEM: V. G. AMENDMENT TO LDR SECTION 4.4.19, MIXED
INDUSTRIAL AND COMMERCIAL DISTRICT, ADDING
"INTERIOR DESIGN AND FURNISHINGS" AS A
PERMITTED USE
ITEM BEFORE THE BOARD:
The item before the Board is the making of a recommendation to the City
Commission regarding an amendment to the Land Development Regulations
(LDRs). The amendment involves a change to the permitted uses in the MIC
(Mixed Industrial and Commercial) zoning district.
BACKGROUND: :
At the August 14, 1995 P & Z Board workshop, a presentation was made by
representatives for ABC Carpets, a floor covering and home furnishings store.
ABC was considering establishing a store in the former Kraft Building, located on
Congress Avenue south of the Palm Beach County governmental complex. The
building is zoned MIC. The use as described consists of the retail sales of
home furnishings; conducted in a warehouse setting. The MIC zoning district
permits retail sales, but only as a secondary use, and only to the extent that it
would occupy no more than 25% of anyone building.
The Board was supportive of allowing this type of use in the MIC, as it has
characteristics that are similar to a warehouse use, and would also tend to have
a lesser parking requirement than general retail sales. After further discussion
with ABC Carpets and City administrative staff, a modification to the MIC zoning
district was proposed and initiated by the City Commission at a special meeting
on August 29,1995.
ABC Caçpets has since withdrawn their plans to move into the Kraft building,
howev~r, as the amendment was formally initiated, it is appropriate to act upon
it.
V.G.
,
P & Z Memorandum Staff Report
Home Furnishings in MIC
Page 2
ANAL YSIS:
The amendment would add the following as a category of principal uses
permitted in the district:
Section 4.4.19(B)
5. Interior Design and Furnishings. The wholesale, retail, storage, and
distribution of home furnishings, floor coverings, wall coverings,
lighting, and other items related to the finishing and furnishing of
interior space.
There are presently several home furnishing and antique dealers located in the
MIC, under the provision that allows retail sales to occupy up to 25% of any
building. Having this category as a separate listing would eliminate the 25%
limitation. The addition of this language may help to attract additional furniture
sales and distribution operations to the area. Such uses. will not create a
difficulty with the relatively low parking space to square foot~ge ratio permitted in
the MIC, as much of the floor area will be devoted to the stòrage and display of
large items.
With the addition of this language to the permitted uses section, it would be
appropriate to delete the following from the list of retail items subject to the 25%
floor area limitation:;
Section 4.4.19(8)(4)
(e) Furniture and home furnishings, including appliances
RECOMMENDED ACTION:
By motion, recommend to the City Commission adoption of the attached
amendment to the LDRs, allowing "Interior Design and Furnishings" as a
permitted use in the MIC zoning district.
"
Attachments:
0 Proposed amendment
Report prepared by: Diane Dominguez
s:\Reports\PZMIC.DOC
,
.-£\:3/18/13'35 14:413 407361'3533 St:C::JlL..A~,(/~~::= /MG~':1T ::>b,GE 132
SAMUEL:I. CANTOR. P.A.
ATTORNEY .A'1' LAW
1489 W. FAl-U&:TTO PARK ROAD. SUITE 485
8QCA R.ATON. FLORIDA 33486
(407) 361.·9889
TJ ;~Ji:"AX (407) 361·9533
SAMUEL;I. CÂ1'fTO~· . ....-
. ALaO li(KMIÞe.t< OF PIUn'.y'"v.....,... BA"
September 1 a, 1995
Diane Dominguez
Director of Planning and Zoning
CITY OF DELRA Y BEACH
100 N.W. 1 st Avenue
Delray Beach. Florida 33444
Ae: MIC Zoning
Dear Diane:
Please be advised that the undersigned represents Delray Commerce Centre which is
currently zoned MtC. Both my clients and myself highly recommend the adoption of the
amendment to the MIC zoning which would allow "Interior Design and Fumishing- as a
category of prinçipal uses rather than as a retail item subject to the 25% floor area
limitation. This am9C'\dment would attract additional furniture sales and distribution
operations to Delray Commerce Centre which presently would be precluded.
SJC:jac
VIA TELEFAX AND U.S. MAIL ,\t~~~~~ìID
ON\NG
PlÞ-NN\NG &.1.:
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /0 G - MEETING OF OCTOBER 24, 1995
PUBLIC HEARING FOR ORDINANCE NO. 59-95 (FEE WAIVER
CRITERIA FOR ELIGIBLE NON-PROFIT AND SERVICE ORGANIZA-
TIONS)
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 59-95
which amends Section 2.4.3(K)(7) of the Land Development
Regulations concerning the criteria to waive development
application, plan check and permit fees for eligible non-profit
and service organizations.
In January of 1992 the City Commission approved a policy allowing
the City Manager to consider requests for fee waivers from
certain groups. The policy has been in effect and several
waivers have been approved. However, the applicable section of
the LDRs was never amended to incorporate the policy. Hence,
this amendment is a housekeeping item.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6-0) to
recommend that the amendment be approved. At first reading on
October 10, 1995 the Commission passed the ordinance by a vote of
5-0.
Recommend approval of Ordinance No. 59-95 on second and final
reading.
~ :5-0
.
I
ORDINANCE NO. 59-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(7),
II EXCEPTIONS II , OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO PROVIDE CRITERIA FOR THE
WAIVER OF DEVELOPMENT APPLICATION, PLAN CHECK AND
PERMIT FEES FOR ELIGIBLE NON-PROFIT AND SERVICE
ORGANIZATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A
I SAVING CLAUSE, AND AN EFFECTIVE DATE.
I'
i WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of September
18, 1995, and has forwarded the change with a recommendation of
approval by a vote of 6 to 0; 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 BEACH, FLORIDA, AS FOLLOWS:
Section 1. Tha t Chapter Two, IIAdministrative Provisions II,
Article 2,4, IIGeneral Procedures II, Section 2.4.3, IISubmission
Requirements II , Subsection 2.4.3(K), II Fees II , subparagraph 2.4.3(K)(7),
II Exceptions II , of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
I follows:
¡;
( 7 ) Exceptions:
Ii
I
(a) Application and permit fees shall not apply to
requests initiated by the City, any agency of the
City, or by other units of government. I
(b) ,_tý¢t/øt/p_ýø¢~t/øt/_pp¡t¢_ttø~/_~~/p¢tøtt/t¢¢ø I
,
ø_ý/~¢/~t_~t¢~/~ý/t~¢/~ttý/~Øøøtøøtø~/tøt/~ØØ~/_~~
Ii ø~~øt_~tt_¡/¢_~ø¢/~pØ~/~tttt¢~/_pp¡t¢_ttø~/t~tø~~~ I
t~¢ //~ttý //~_~_~¢t/ Waiver of payment of
development application. plan check and permit
fees may be granted by the City Manager upon a
written request from eligible non-profit and
service organizations. Those organizations
eligible for waiver consideration are:
!
.
I
~ Non-profit orqanizations currently receivinq
a portion of their annual operatinq budqet
í from the United Way and/or the City and
, possessing a 501C(3) designation from the
State of Florida.
~ Service organizations which elect to sponsor
! and participate in special event and/or fund
, raising activities th~t are of benefit to the
I qeneral public. For this purpose. eliqible
;¡ organizations must provide in wri tinq the
i extent of their involvement with the proposed
~ activity. A group' s physical presence
(active involvement) during the event is
required.
.iQl The waiver of fees is applied in the followinq
manner:
~ Fees assessed under Section 2.4.3(K)(1).
Development Applications. 100% of assessed
Ii fees may be waived.
~ Fees assessed under Section 2.4.3 (K) (2) and
(3). Plan Check and Permit Fees. no more than
70% of the assessed fees may be waived.
.l..... All fees may be waived for the use of the
City's portable stage when used in
conjunction with special event activities and
activities held at City facilities.
i Section 2. That all ordinances or parts of ordinances 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
i 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.
I
i
- 2 - Ord. No. 59-95
.
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_...---
I ... I
r
I I
PASSED AND ADOPTED in regular session on second and final
! reading on this the 24th day of October I 1995.
I ~~
¡
I
I
i
I ' MAR
I ATTEST:
I
! (2ftlYm'/(bI',/iillfe !Idnfy
C~ty lerk
First Reading October 10, 1995
¡ Second Reading October 24, 1995
ì
I
,
I
I
I,
I,
!
,
- 3 - Ord. No. 59-95
¡
.
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All EFFECTIVE DATE.
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AÍI OIDINANCE OF THE CITY COM-
MlUIOII OF THE CITY OF DELR"
lEACH. FLOIIDA. REZONING AND
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MENDING "ZOIIING IlIA, OF DEL· FAUf ALAItMI. PIIOV'O'NG ,
RAY lEACH. FLORIDA. 1914'; PRO- "VING CLAUSE. A GEIIERAL RE.
VIDING A IENUAL REPEALER ~:T~.LAUSE. AIID AN EFFEC·
WUSE. A SAY'NG CLAUSE. AND
All EFFECT lYE DATE. ,.......""'".-..
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.IIISSIOII OF THE CITY OF DELRAY
HACH. FLORIDA. AMENDING SEC·
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. TIlE LAND DEVELOPMENT REGU·
LATIONS OF THE CITY OF DEL~AY
lEACH. TO NOVIDE CRITERIA
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,IIII1TIOIIS: I'IIOYIDING A GEIlER·
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,DATE. .
I ---
I All OIIDIIIANCE OF THE CITY COM-
IMSSIOII OF THE CITY OF DELIlAY
HACH. FLOIIIIIA. AMEIIDIIIG SEC·
TIOII ,u. 'll)TlCE UeuIRE·
.IITS'. OF 1ME LAIID DEVELOP.
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. M OIIDIIIANCE OF THE CITY COM-
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, ·HACH. FLOIIIDA. AMENDING
CHAPTER 111 'ALARM IYSTEM$·.
OF THE CODE OF o.DIIIANCES OF
I
or<
f!M
CITY COMMISSION DOCUMENTATION
TO: 'DAVID T. HARDEN, CITY MANAGER
',-- -- , ,
. \
,\ I /. ) ''---" . " ./
THRU: DIANE 'ÓOMINGUEZ, DIREéTOR
~ARTMENT OF PLANNING AND ZONING
tØ~~ ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF OCTOBER 10,1995
AMENDMENT TO LDR SECTION 2.4.3(K)(7) PROVIDING
CRITERIA TO WAIVE DEVELOPMENT APPLICATION AND
PERMIT FEES FOR CERTAIN NON-PROFIT AND SERVICE
ORGANIZA TIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an amendment to
LDR Section 2.4.3(K)(7), relative to exceptions to the requirement for the
payment of development application and permit fees.
BACKGROUND:
The City Commission approved a policy allowing the City Manager to consider
requests for fee waivers from eligible non-profit and service organizations on
January 21, 1992. Subsequently, several waivers have been approved in
accordance with the policy, however the LDRs were never amended to
incorporate the waiver policy. The attached Planning and Zoning Board staff
report provides additional background and an analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of September
18, 1995. There was no public testimony on the item. The Board voted
unanimously to recommend approval of the amendment.
,
City Commission Documentation
Amendment to LOR Section 2.4.3(K)(7) Providing Criteria to Waive Development Applications and
Permit Fees for Certain Non-Profit and Service Organizations
Page 2
RECOMMENDED ACTION:
0 By motion, approve the amendment providing for criteria to waive
development application and permit fees for certain non-profit and
service organizations, as provided in the attached ordinance.
Attachments:
· P&Z Staff Report of September 18, 1995
· Proposed LOR amendment
· Ordinance (by others)
.
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 18, 1995
AGENDA ITEM: V. I. AMENDMENT TO THE LAND DEVELOPMENT
REGULA TIONS SECTION 2.4.3(K)(7) PROVIDING FOR
CRITERIA TO WAIVE DEVELOPMENT APPLICATION
AND PERMIT FEES FOR CERTAIN NON-PROFIT
AND SERVICE ORGANIZATIONS
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the City Commission
approval of an amendment to the Land Development Regulations to allow the
waiver of fees defined under Section 2.4.3(K)(1) "Development Applications" and
Section 2.4.3(K)(2) and (3) "Plan Check Fees" and "Permit Fees" for eligible
non-profit and service organizations.
BACKGROUND
With the adoption of the Land Development Regulations (LDRs) in October
1990, a waiver provision was provided for the payment of development
application and permit fees. The approval of fee waivers was by the City
Commission on a request by request basis. After considering several waivers
from for-profit and non-profit organizations the City Commission directed staff to
develop a policy regarding the waiver of fees for non-profit organizations.
On January 21, 1992, the City Commission approved the policy allowing the City
Manager to consider requests for fee waivers from eligible non-profit and service
organizations. Several waivers have been approved in accordance with the
policy. However the LDRs were never amended to incorporate the waiver policy.
ANAL YSIS
The policy enacted by the City Commission allows the City Manager to consider
requests from eligible groups. Those eligible for waiver consideration are:
1. Non-profit organizations currently receiving a portion of their annual operating
budget from the United Way and/or the City and possessing a 501C(3)
designation from the State of Florida.
,
Planning and Zoning Board memorandum Staff Report
LDR Text Amendment - Waiver Provisions for Development Applications and Permit fees
Page 2
2. Service organizations who elect to sponsor and participate in special event
and/or fund raising activities that are of benefit to the general public. For this
purpose, eligible organizations must provide in writing the extent of their
involvement with the proposed activity. A group's physical presence (active
involvement) during the event is required.
The policy provides that 100% of assessed fees under Section 2.4.3(K)(1),
Development Applications, may be waived. Examples of those fees include
rezonings, site plans and conditional uses etc. Further, that no more than 70%
of the assessed fees under Section 2.4.3(K)(2) and (3), Plan Check and Permit
Fees may be waived. Also, all fees may be waived for the use of the City's
portable stage when used in conjunction with special event activities and
activities held at City facilities such as the Delray Affair.
The existing LOR provision regarding the waiver of payment of application fees
requires the City Commission to review waiver requests on a case by case
basis and is in conflict with this City policy. Thus it is appropriate to amend the
LDRs to be consistent with the established policy.
RECOMMENDED ACTION:
By motion, recommend that the City Commission approve the proposed
amendment to LDR Section 2.4.3(K)(7) as attached.
Attachment:
* Proposed Amendment
Report Prepared by: Jasmin Allen
-.
·
· PROPOSED AMENDMENT
·
LDR Section 2.4.3(K)
(7) Exceptions:
~ V\~ivor of payment gf application and permit fees may be
granted by the City Commission for good and substantial
cause upon written application thrsugh the City Manager.
.Q;ù Waiver of payment of development applications. plan check
and permit fees may be granted by the City Manager upon
a written request from eligible non-profit and service
organizations: Those organizations eligible for waiver
consideration are:
ill Non-profit organizations currently receiving a portion of their annual
operating budget from the United Way and/or the City and
possessing a 501C(3) designation from the State of Florida.
!21 Service organizations who elect to sponsor and participate in
special event and/or fund raising activities that are of benefit to the
general public. For this purpose. eligible organizations must
provide in writing the extent of their involvement with the proposed
activity. A group's physical presence (active involvement) during
the event is required.
æ The waiver of fees is applied in the following manner:
W Fees assessed under Section 2.4.3(K)(1). Development
Applications. 100% of assessed fees may be waived.
.Q;ù Fees assessed under Section 2.4.3(K)(2) and (3). Plan
Check and Permit Fees. no more than 70% of the assessed
fees may be waived.
W All fees may be waived for the use of the City's portable
stage when used in coniunction with special event activities
and activities held at City facilities.
repfee 1
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1.t{
SUBJECT: AGENDA ITEM # /0 . II· - MEETING OF OCTOBER 24 , 1995
PUBLIC HEARING FOR ORDINANCE NO. 60-95 (NOTICE REOUIRE-
MENTS )
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 60-95
which amends Section 2.4.2(B) (1) of the Land Development
Regulations to conform with recently enacted changes to the
Florida Statutes concerning notice requirements. During the 1995
legislative session, the notice requirements for rezonings,
Comprehensive Plan amendments initiated by the municipality, and
changes to the permitted, conditional or prohibited uses within a
zoning category were amended. The proposed ordinance keeps the
LDRs consistent with statutory requirements.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6-0) to
recommend that the amendment be approved. At first reading on
October 10, 1995 the Commission passed the ordinance by a vote of
5-0.
Recommend approval of Ordinance No. 60-95 on second and final
reading.
p~ .5-0
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I r
ORDINANCE NO. 60-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
i DELRAY BEACH, FLORIDA, AMENDING SECTION 2 . 4 . 2 ,
J "NOTICE REQUIREMENTS", OF THE LAND DEVELOPMENT
i
! REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING
SUBSECTION 2.4.2(B)(1) IN ITS ENTIRETY, AND ENACTING
I' A NEW SUBSECTION 2.4.2(B)(1), "NOTICE" , TO CONFORM
I NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT
APPLICATIONS WITH STATUTORY REQUIREMENTS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
i' Zoning Board reviewed the subject matter at its meeting of September
18, 1995, and has forwarded the change with a recommendation of
approval by a vote of 6 to o¡ 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.
I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2,4, "General Procedures", Section 2 . 4 . 2 , "Not;t.ce
Requirements", Subsection 2.4.2(B), "Public Hearing Requirements",
subparagraph 2.4.2(B)(1), "Notice II , of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby repealed in its entirety, and a new subparagraph 2.4.2(B)(1),
I' "Notice", is hereby enacted to read as follows:
(B) Public Hearing Rec¡uirements: The following notice
requirements and hearing procedures shall be complied with whenever an
action before a Board requires consideration at a public hearing.
These requirements are in addition to any requirements for public
hearing notice which are otherwise required by State Law or City
Commission procedures.
, (1) Notice: All public hearings shall be noticed
through letters to property owners, legal advertisements, or display
advertisements as set forth below.
Ii
,
I
I
i
I (a) Annexations:
I 1. Non-voluntary: Notice requirements
I contained within applicable sections of
I Florida Statutes Chapter 171 shall
apply. [Amd. Ord. 2-95 1/17/95]
I
I 2. Voluntary: Notice requirements
I contained within applicable sections of
I
! Florida Statutes Chapter 171 and City
! Charter Section 2.03 shall apply. In
addition, the same procedures as are
used for noticing a rezoning shall
apply. [Amd. Ord. 2-95 1/17/95]
,
! (b) Privately Initiated Rezoning: Notice
requirements contained within the applicable sections of Florida
Statutes Chapter 166 shall apply. The City shall mail a letter notice
of the Planning and Zoning Board public hearing to the owner(s) of all
property located within five hundred feet (500') of the perimeter of
the property being rezoned no later than ten (10) calendar days prior
to the public hearing held before the Planning and Zoning Board.
(c) City Initiated Rezoning: Notice requirements
contained within the applicable sections of Florida Statutes Chapter
166 shall apply. The City shall provide notice of the Planning and
Zoning Board public hearing in accordance with Chapter 166, Florida
Statutes, except that letter notices will be mailed no later than ten
(10) calendar days prior to the public hearing before the Planning and
Zoning Board. In cases where letter notices are required, notice of
the Planning and Zoning Board public hearing shall be made to the real
property owner whose land is being changed as well as to the owner(s)
of all property located within five hundred feet (500') of the
perimeter of the property being rezoned.
(d) Principal. Conditional or Prohibited Use
Changes: Notice requirements contained within the applicable sections
of Florida Statutes Chapter 166 shall apply.
(e) Conditional Uses: The City shall provide
notice of the public hearing before the Planning and Zoning Board to
the owners of all property located within five hundred feet (500' ) of
the perimeter of the property on which the conditional use will
operate. Notice shall be mailed no later than ten (10) calendar days
prior to the public hearing before the Planning and Zoning Board. In
addition, a public notice shall be published in the legal section of a
newspaper and shall appear no later than ten (10 ) calendar days prior
to said public hearing before the Planning and Zoning Board.
- 2 - Ord. No. 60-95
I
I
\ (f) Variances before the Board of Adjustments:
The City shall provide notice of the public hearing before the Board
I of Adjustment to the owners of all property located within five
I hundred feet (500') of the perimeter of the property on which the
I variance is being sought. Notice shall be mailed no later than ten
I (10) calendar days prior to the public hearing before the Board of
i Adjustment.
I (g) Variances before the Historic Preservation
I
I
i Board: Notice shall be by mail in the same manner as in Subsection
2.4.2(B)(1}(f).
I (h) Amendments to the Comprehensive Plan: Notice
i requirements pursuant to Florida Statutes Chapter 163 shall apply. In
addition, notice for proposed changes to the Future Land Use Map shall
be noticed in the same manner as in Section 2.4.2(B)(1)(b) or (c) , as
appropriate.
(i) Other Public Hearings: All other public
hearings required in the implementation or amendment of these Land
Development Regulations shall be advertised in the legal section of a
newspaper at least ten (10) days prior to the hearing.
( j ) Concurrent Notice: When it is necessary to
provide a letter notice of a public hearing for multiple hearings
I before one or more bodies, said notice may be combined within a single
,
letter.
( k) Form of Notice: Any notice for a public
hearing, whether advertisement or letter, shall, at a minimum, contain
the following:
* Date of the public hearing
* Purpose of the public hearing
! * Location of the property which is the
subject of the hearing
* Identification of the location of
!: information about the subject of the
public hearing
:1
I (l) Newspaner Preference: There is no
i legislative preference pertaining to the publication of required
notices provided that the newspaper is published at least five days
Î per week.
I
- 3 - Ord. No. 60-95
r
,
! ~
.
.
(m) Establishment of Mailing- List: Whenever
notice is to be provided by a letter, the owners of property to be
notified shall be considered to be those recorded on the latest
:l official county tax roll. A list of such owners along with their
" mailing addresses shall be provided as a part of the development
application and shall be accompanied by an affidavit stating that to
11 the best of the applicant's knowledge, the list is complete and
accurate. The list shall be accompanied by a drawing showing all
property lying within five hundred feet (500' ) of the property under
consideration, and mailing labels that would include the property
owners names and mailing addresses.
(n) Change in Project: During the course of
processing, a development request which requires public hearing notice
may be changed by the applicant without requiring renotice, provided
that:
* The change is not to a new zoning
designation which is deemed to
accommodate more intensive use; or
* The change does not allow the
introduction of a new type of use or
another use which, in and of itself,
is subject to a public hearing.
Section 2 . That all ordinånces or parts of ordinances 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. I
Section 4. That this ordinance shall become effective I
immediately upon passage on second and final reading. I
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of oct~ ' 1995.
I
.~~
Alh,EST: li !fa . MAY
, f,uVmVlJ¥!- j{æ; 'UV
i City C erk
First Reading October 10, 1995
Second Reading October 24, 1995
- 4 - Ord. No. 60-95
.
-v:."'~=A vCt ' A ¡{501J
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fAIl OItDIIIANΠOJ THE CITY CQM.
_lOll OJ THE CITY OJ DELIAY
lEACH, FLOlllDA. IEZOIIIIIG AND
I'I.AtIllG LAIID ,.ESENTL Y
IOIIfD 'CIC (IOLANI/ED OFFICE
, CIIITUI DISTIICT IN THE CF
: !CIMIMIIIIITY FACILITlESI DIS-
TaICT; lAID LAIID IEIIIG LOCAT.
ED AT THE IIOIITHWEST COItIlER
OF toIIGlns A¥ENUE AIIO LAKE
"'" lOAD. AS MOtIE "ITICIlLAI·
L' DESClIIED HlIEIN; AND
MlENDING 'ZONING M.O OJ DEL·
lAY lEACH. FLOItlDA. ""; 1'1(}
VIOIIIG A .NUAL IEI'EALER
CI.AUSE. A IAVIIIG CLAIISE, AND
All EFFECTIVI DATE.
---
AIl OIIDIIIAIICE OJ THE CITY CXJM.
MISSION OJ THE CITY OJ DUIAT
lEACH, FLOIIlDA. I£lONIIIG AND
fLAtlllG LAIID ,.ESENTl Y i 1IIE CITY OJ DELIAY lEACH, IY
ZIIIIED 1-1.\ (SIIIGLE FMlll Y
IISIDENTIAl) DISTIICT IN THE AllEIIDIIIG SECTION 11227
Cf (~IINITY FACILITIESI DIS- /-'''" - -.."
TaICT, lAID LAND IEING LDCAT· TIOII$ 011 FALSE AlAIII$ DE.
ED AT THE SOUTHWEST COINER (LAREO A "'ILIC NUI$ANCE.
01' N.W. 3110 AVUIIE AND N.W I'IE CHAlGEr, SUISECTIDN
.0 STIEET, AS IIOIE PAITICII· 11UI111, TO REvISE THE FEE
LAllY DESCIIIEO HEREIN; AIID ICHEDIILE FOIl IESPONSES TO
_IIDING 'ZONING MAP OJ DEL· . FALSE ALAIII$, I'IOVIOING A
lAY lEACH, HOIIIOA. 19It'; PI~ IAVIIIG CLAIISE, A GfNElAl RE.
VIDING A 'ENUAl REPEALER ~~T~LAIlSE. AND AN EFF£C.
WIISE, A IAVIIIG CLAIISE, AND
All EFFECTIVE DATE. ......_lIIItw._.,..
--- .1I_1""__b,
ÃII OIIDINAIICE OJ THE CITY CQM. .. C", __ willi '-' to
... - ~Id II filii _1"11,
MISSION OF THE CITY OJ DELRAT __.~I_,,,,,,,"-
lEACH, FLORIDA, IEZONING AND ........, IftII 40t fIIi$ _ "".
IOLACING LAIID ,.ESENTL Y =:' NY _ II ... IIIIt . ..,.
ZIIIIED 1·1.\ (SINGLE FMlllY ...... -_ tilt 11111_,
IfSIDENTIALI OISTlICT III THE .. ........ _ _ tilt _I is
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TIICT, SAID LAND IEING LDCAT· ;".5.= such _G. "'""'"' to
ED OIl THE SOUTH SIDE OF LAKE
IDot. ROAD. WEST OJ AND AOJA·
aNT TO THE COMMUNiTY CHilD CITY OF DEL....Y lEACH
CAIE CENTER, AS IIORE PART IC· -IIacGtofor H.rty
ULARL Y DESCIIIEO HEREIN: ' City Cltrk
AIID AMENDING 'ZONING MAP OF I ,..... - 13, ""
DEL....T lEACH, FLOIIIDA. 19It'.
PIIOVIDIIIG A GENERal IEPE"· 11It_
II CLAUSE, A SAVING CLAIISE, .... llIorIIDttrar ....h
AllDAII EFFECTIVE DATE AII.-
---
AIl OIIDINANCE OJ THE CITY CQM.
,MISSION OJ THE CITY OF DELIAT
lEACH, FLORIDA. AMENDING SEC·
TION I,U(KHTJ, 'EXCEPTION$'. OF
THE LAND DEVElOPMENT REGU'
LATIONS ( Ç THE CITY OF DELIA Y
lEACH, TO PROVIDE CRIIERIA
f Foa THE .A'VEI OF DEVELOP·
IMEIIT APPLICATION, !'LAII CHECK
MIl PERMIT FEES FOIl ELIGIlLE
. IIOII-I'tIOFIT AIID SEIVICE OIlG'·
:"~E~t.E~~i:, ~ u:~~
, CLAIISE, AIID All EFFECTIVE
¡DATE.
,___
¡ All OItDIIlANCE 01' THE CITY (011.
: MlSSlOII OF THE CITY OJ DEL.... Y
IIIACH' FLOIIIDA. AMENDING SEC·
TIOII U.2, '!liT ICE lEQUIRE,
.NT$', OJ THE LAIID DEVlLOP.
, .NT IlGULATIOIIS OJ THE CITY
I OF DEL....Y lEACH, IT REPEAL·
,_ """'.. """" . on
IIITllm, All\) ENACTING A NEW
IUllECTIOII W.fllf/I. 'IIOTlCf",
TO COlIfORM NOTICE IEQUIRE·
...n FOIl CERTAIN LAND DE·
VILOI'IIENT APPLICATIONS WITH
I"M~' _'.....n
I'IIOVIDING A GENERAL RE~EAl·
EI CLAUSE, A SAVING CLAUSE,
AIIDAN EFFECTIVE DArE.
--"..
All OItDlIlANCE OJ THE CITY CQM.
MISSION OF THE CITY OF DELIAT
'lEACH, FLOIt I DA. AMENDING
CllAPTER 112. 'ALAIM SYSTEMS',
01' THE CODE OF ORDINANCES OF
I g(5¡
,
I
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
\ ~l " .
'. '.A' " ).> '1'. "
THRU: DIANË DOMINGUEZ." DIRECTOR
t:=E~LANNING AND ZONING
FROM: 'ASMIN ALLEN, PLANNER
(),. J (pt)- c¡~
SUBJECT: MEETING OF OCTOBER 10, 1995
AMENDMENT TO LDR SECTION 2.4.2(B)(1) REGARDING
NOTICE REQUIREMENTS FOR CERTAIN LAND
DEVELOPMENT APPLICATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an amendment to
LOR Section 2.4.2(B)(1) relative to notice requirements for certain land
development applications.
BACKGROUND:
The 1995 Legislative session amended notice requirements for certain land use
items. Since the notice requirements within the LDRs were tailored after those
contained within the Florida Statutes, the LDRs are no longer consistent with the
new statute requirements.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of September
18, 1995. There was no public testimony on the item. The Board voted
unanimously to recommend approval of the amendment.
RECOMMENDED ACTION:
0 By motion, approve the amendment the Section 2.4.2(B)(1) notice
requirements as provided in the attached ordinance.
Attachments:
. P&Z Staff Report of September 18, 1995
. Ordinance (by others)
.
.
( PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 18, 1995
AGENDA ITEM: V.J. AMENDMENT TO THE LAND DEVELOPMENT
REGULA TIONS SECTION 2.4.2 (B)(1) REGARDING
NOTICE REQUIREMENTS FOR CERTAIN LAND
DEVELOPMENT APPLICATIONS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission regarding amendments to the LDR's Sections 2.4.2(B)(1) (b), (c),
(d), (e), (f), (g) and (h) notice requirements for certain land development
applications and creating a new subsection, notice requirements for use changes
within zoning districts.
BACKGROUND
With the adoption of the LDR's in 1990, the notice requirements for amendments
to the Comprehensive Plan and Rezonings were tailored after those contained in
Florida Statutes Sections 166.041 and 163.3184.
In the 1995 legislative session, the notice requirements were amended for
rezonings, amendments to the comprehensive plan initiated by the municipality,
and changes to the permitted (principal), conditional or prohibited uses within a
zoning category. The LDRs are no longer consistent with current statute
requirements.
ANAL YSIS
Under the former statute, the amount of land being rezoned determined the
type of notice required. Formerly, the notice requirements depended upon
whether the municipality was rezoning more or less than 5% of its land area.
Under the new law, the line is drawn at "10 or more contiguous acres". If the
amount of land being rezoned contains less than 10 contiguous acres, then
individual notices should be sent to the individual property owners. If the
ordinance will either change the permitted, conditional, or prohibited uses or
.
.
Planning and Zoning Board Memorandum Staff Report
Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements
Page 2
(
change the zoning map designation on parcels involving 10 contiguous acres or
more, then notice is provided by published advertisements.
With respect to changes in the permitted, conditional or prohibited uses, the
notice requirements were not addressed by the LORs. For the adoption of such
ordinances the procedures contained in the statutes were followed. The former
law only required compliance for ordinances which substantially changed the
permitted use categories in zoning districts. Under the new law any ordinance
initiated by the municipality which alters the permitted, conditionally or prohibited
use must now comply with the stated notice procedures.
Changes to the notice requirements regarding conditional uses and variances
are solely housekeeping matters, eliminating references to the rezoning
procedures and specifying the required procedures for those individual items.
Rather than repeat the notification requirements that are contained within the
Florida Statutes, the proposed amendment will simply refer to those existing
requirements. Therefore, if the statutes are amended in the future, the LOR's will
automatically be consistent with the amended provisions.
RECOMMENDED ACTION:
By motion recommend to the City Commission adoption of the LOR amendments
to Section 2.4.2(B)(1)(b), (c), (d) (e) (f) (g) and (h) and enact a new subsection
regarding use changes as follows:
(B) Public Hearing Requirements: The following notice requirements
and hearing procedures shall be complied with whenever an action before a
Board requires consideration at a public hearing. These requirements are in
addition to any requirements for public hearing notice which are otherwise
required by State Law or City Commission procedures.
(1 ) Notice: All public hearings shall be noticed through letters to
property owners, legal advertisements, or display advertisements as set forth
below.
(b) Rezoning of le&& th3n &% of tetalland arGa of Ute Ci~': The o'Nner(s)
of all proporty loc::lted '::ithin five hundred foot (500') of the perimetor of the
property to be rezoned shall bo notified of the proposed rezoning by letter
postmarked at loast ten (10) calendar days prior to the public hearing held before
the PI::mning and Zoning Board.
.
I
Planning and Zoning Board Memorandum Staff Report
Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements
. Page 3
(Ð) Rezoning of FRore tl:\an Ii%. of total land area of tl:\e City: There need
not be letter notice to property owners. Notice shall be made p~r:s~ant to F.S.
166.011(3)(0)2 with one hearing held before the Planning and Zoning 80ard and
that hearing notioed in aooordanoe with said section.
(d) City InitiateEi Rezoning: In rezonings of less than 5% of the total land
area of the City that are initiated by the City, a letter notioe shall be mailed to the
O'Nner of the property to be oonsidomd for rezoning. The letter shall be
postmarked at least thirty (30) days prior to the pl:JsliÐ hearing held befoFe the
City Commission. This notioe is in addition to that re~~ired by (8)(1)(13).
(e) Conditional Uses: Notioe shall be provided in the same manner as in
SeÐtion 2.1.2(B)(1)(b). In addition, a public notice shall be published in the legal
seotion of a nev.'spaper and shall appear at least ten (10) days prior to the
hearing before the Planning and Zoning Board.
(f) 'IarÎ3noes before the Board of Adjustment: Notice shall be provided by
mail in the same manner as in Section 2.1.2(B)(1)(b).
(g) Vari::mces before the Historic Preservation Board: Notioe shall be
provided by mail in the same m::mner as in Subsection 2.4.2(B)(1)(b).
(b) Privately Initiated Rezoning: Notice requirements contained within the
applicable sections of Florida Statute Chapter 166 shall apply. The City shall
mail a letter notice of the Planning and Zoning Board public hearing to the
owner(s) of all property located within five hundred feet (500') of the perimeter of
the property being rezoned no later than ten (10) calendar days prior to the
public hearing held before the Planning and Zoning Board.
(c) City Initiated Rezoning: Notice requirements contained within the
applicable sections of Florida Statute Chapter 166 shall apply. The City shall
provide notice of the Planning and Zoning Board public hearing in accordance
with Chapter 166. Florida Statute. except that letter notices will be mailed no
later than ten (10) calendar days prior to the public hearing before the Planning
and Zoning Board. In cases where letter notices are required. notice of the
Planning and Zoning Board public hearing shall be made to the real property
owner whose land is being changed as well as to the owner(s) of all property
located within five hundred feet (500') of the perimeter of the property being
rezoned .
Repealing Section 2.4.2(B)(1 )(d) and enacting a new subsection:
(å) Principal. Conditional or Prohibited Use Changes: Notice
requirements contained within the applicable sections of Florida Statute Chapter
166 shall apply.
.
I
. .
Planning and Zoning Board Memorandum Staff Report
Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements
4 Page 4
(e) Conditional Uses: The City shall provide notice of the public hearing
before the Planning and Zoning Board to the owners of all property located
within five hundred feet (500') of the perimeter of the property on which the
conditional use will operate. Notice shall be mailed no later than ten (10)
calendar days prior to the public hearing before the Planning and Zoning Board.
In addition. a public notice shall be published in the legal section of a newspaper
and shall appear no later than ten (10) calendar days prior to said public hearing
before the Planning and Zoning Board.
(f) Variances before the Board of Adjustments: The City shall provide
notice of the public hearing before the Board of Adjustment to the owners of all
property located within five hundred feet (500') of the perimeter of the property
on which the variance is being sought. Notice shall be mailed no later than ten
(10) calendar days prior to the public hearing before the Board of Adjustment.
(9) Variances before the Historic Preservation Board: Notice shall be by
mail in the same manner as in Subsection 2.4.2(B)(1 )(f).
(h) Amendments to the Comprehensive Plan: Notice requirements
pursuant to F.S. Chapter 163 shall apply. In addition, notice for proposed
changes to the Future Land Use Map shall be noticed in the same manner as in
Section 2.4.2(B) (1) (b) or~!ç) as appropriate.
Report Prepared by: Jasmin Allen
.
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8'11
SUBJECT: AGENDA ITEM # lo:r. - MEETING OF OCTOBER 24, 1995
PUBLIC HEARING FOR ORDINANCE NO. 61-95 (REVISED FEE
SCHEDULE FOR THE ALARM ORDINANCE
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 61-95
which amends the City's alarm ordinance (Chapter 112 of the City
Code) by revising the fee schedule for multiple alarm
malfunctions or false alarms responded to by the Police or Fire
Department at the same premises during each calendar year.
In January, 1995 the Commission adopted the new alarm ordinance
which contained a graduated fine structure for responses to false
alarms. No fee is assessed for the first three false alarms, $50
for the fourth, $100 for the fifth, $150 for the sixth, and $200
for the seventh and more. As outlined in the attached memorandum
from the Police Department, this fee structure seems to be
excessive and somewhat overwhelming to business owners and
residents interested in taking appropriate crime prevention
measures to ensure the safety of their properties. In addition,
there is some difficulty in administering the ordinance, and it
has caused some erosion of the team effort between citizens and
Police which the department has worked so hard to establish.
For these reasons, staff proposes that the fee schedule for false
alarm responses be adjusted to a flat $25.00 fine per alarm in
excess of three per calendar year at the same premises.
At first reading on October 10, 1995 the Commission passed the
ordinance by a vote of 5-0.
Recommend approval of Ordinance No. 61-95 on second and final
reading.
Út¥u(J(){L£ 5-0
f¡:OUt oE 6 -~/1#J ú¡J~ ~
.
ORDINANCE NO. 61-95 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM
, SYSTEMS II , OF THE CODE OF ORDINANCES OF THE CITY OF
I DELRAY BEACH, BY AMENDING SECTION 112.27, "MULTIPLE
t
ALARM MALFUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC
NUISANCE¡ FEE CHARGES II , SUBSECTION 112.27(B), TO
Ii REVISE THE FEE SCHEDULE FOR RESPONSES TO FALSE
¡¡
ALARMS ¡ PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted
Ordinance No. 1-95, enacting a new Chapter 112, IIAlarm Systems", to
provide for the regulation of alarm systems within the City of Delray
Beach¡ and
WHEREAS, pursuant to Ordinance No. 1-95, Section 112.27(B)
of the City Code sets forth the fee schedule for multiple alarm
malfunctions or false alarms responded to by the Police Department or
the Fire Department at the same premises during each calendar year¡
and
WHEREAS, the City Commission finds the current fee schedule
to be excessive and not in the best public interest¡ and
WHEREAS, the City Commission desires to implement a revised
fee schedule.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 112, "Alarm Systems", Section
112.27, "Multiple Alarm Malfunctions or False Alarms Declared a Public
Nuisance¡ Fee Charges", Subsection 112.27(B), of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(B) No fee shall be assessed for the first three (3 ) false
I alarms at the same premises responded to by the Police Department or
!
the Fire Department during each calendar year. Thereafter, a fee of
825.00 ~þi¢ If.Øl-l-Øwf.ýJ.rA /f.¢¢¢ shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire I
Department at the same premises during each calendar year.
~~ø~¢t/øf./Yøl-¢¢/~l-øtø¢
;1 øt/~l-øtØ/~_l-f.~ýJ.¢tf.øýJ.¢ y¢¢ I
II
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Section 2. 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 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of October , 1995.
~~~
ATTEST: / M ¡;. R
()t1J don '1ì!/' Ai I~ 110]*
City C erk
First Reading October 10, 1995
Second Reading October 24, 1995
I
I
I
- 2 - Ord. No. 61-95 I
I
!
I
.
DElR-\) BE -\[H
\ Delray Beach Police Department bad
All-America City
) 300 West Atlantic Avenue · Delray Beach, Florida 33444·3695 , I II I '
, (407) 243-7888 Fax (407) 243-7816
MEMORANDUM
1 qll .~
RECEIVED
TO: David T. Harden, City Manager SEP , 4 1995
Joseph L. Schroeder, Captain Jl ß;/. ,¿- CIT\' Ml"" . . . \rr¡c~
FROM:
Patrol Division Commander . ¡? " ! . - ; ;. 'i' ....
THRU: Rjchard G. Overman, ChiefO;POlice ~
DATE: September 13, 1995
SUBJECT: PROPOSED CHANGES TO THE ALARM ORDINANCE
The Police Department responds to thousands of alarm calls in a year. Many of those alarms turn
out to be alarms in which the cause of the activation is unknown to the officer who responds
Those alarm calls are chargeable under the current city ordinance and alarm owners are amassing
extremely large bills due to our response. What we have found at the Police Department over the
past eight months of dealing with the alarm ordinance is that fine structure for police responses to
alarms has a significant impact upon business owners and residents. It is the recommendation of
the Police Department that the City Commission reconsider the fine structure for police responses
to alarms.
Since March 7th, the Police Department has responded to 4,751 alarms. Of those 4,751 alarms.
4,418 were chargeable under the ordinance with a total billable amount of $128,050.00. In
contrast, the Fire Department has not billed a single chargeable alarm since the inception of the
ordinance
In developing the alarm ordinance, one of the goals was to curb responses to alarms that
continually malfunction. This has been handled by the requirement of the owner to have their
alarm company check out the alarm to determine if it is operating properly. The fine structure
also provides the incentive for alarm owners to have the alarm systems in proper working order
but our current fine structure is so steep that it is overwhelming for many small business owners
and residents. Therefore, it is the recommendation of the Police Department that the current
alarm fine structure for police responses to alarms be adjusted as follows:
CURRENT PROPOSED
0-3 Free 0-3 Free
Fourth $50 Fourth $25
Fifth $100 Fifth $25
.
.'
I SUBJECT: PROPOSED CHANGES TO THE ALARM ORDINANCE
September 13, 1995
I Page 2
Sixth $150 Sixth $25
Seventh & more $200 Seventh & More $25
As you can see by this proposal, we have eliminated the ever increasing fine for repetitive alarms
In contacting Boca Raton, Boynton Beach, and Palm Beach County, we found that our fines were
substantially higher than our neighbors. In Boca Raton, the first two alarms per year are rree then
there is a $27.00 fine per alarm regardless of the number of alarms. Palm Beach County allows
the first two alarms to be rree then there is a $25.00 fine per alarm regardless of the number of
alarms. In Boynton Beach, the first three alarms are rree and then there is a $25.00 fine for the
fourth alarm, a $50.00 fine for the fifth alarm and a $100.00 fine for the sixth and any additional
alarms.
There are also several other reasons for our position First, many alarm activations are impossible
to determine the actual cause for the activation. Business owners and residents will always say
that the alarm prevented a burglary, yet there is no detectable evidence to indicate that an actual
attempt was made. If an alarm goes off seven times in a year and the cause of the activation was
undetermined, then that owner would face a bill of $500.00. This is a substantial burden for the
alarm owner and leaving the owner with very few options.
Secondly, we want business owners and residents to take appropriate crime prevention measures
to ensure the safety of their properties. The very harsh fines may actually cause some to either
disconnect their alarms, have their alarm companies no longer contact the police, or may even
discourage individuals rrom ever installing an alarm in the first place. That is not the goal of our
ordinance. We want alarm owners to ensure their alarms are operating properly, we do not want
to discourage them rrom using the systems.
The third reason is the difficulty in administering the ordinance because of the numerous
complaints, not based on our response, but on the fines. The ordinance does not provide a vehicle
to appeal a bill, it only allows for appeals on orders to disconnect. This appeal is made to the
Code Enforcement Board and this would cause a tremendous burden on the Code Enforcement
Department and Board as they can anticipate a high volume of appeals dealing with the fines.
Finally, but certainly not least of our reasons, is the breakdown of harmony and teamwork
between the citizens of Delray Beach and the Police Department. Over the past several years, we
have worked very hard in developing a partnership with our community to resolve the crime
problems we face. The fines associated with our response to alarms pits the Police Department
against the citizens who are trying to do what they can to keep their properties safe and secure.
By reducing the fines we would bring about better understanding by the community as well as
better compliance as we will return to a team effort as opposed to an us versus them situation.
I
.. . ..
I SUBJECT: PROPOSED CHANGES TO THE ALARM ORDINANCE
September 13, 1995
. Page 3
There is a downside to making a change at this stage of the process We have mailed out 114 bills
totaling $13,800,00 and to date have received $3,000,00. If the fine structure were to be adjusted
the City must consider how they would handle the monies that were paid under the earlier fee
structure,
In closing, it is the recommendation of the Police Department that the City Commission consider
adjusting the fine structure for alarms that are responded to by the Police Department. We feel
that such an adjustment would be in the best interest of the city, the Police Department and our
citizens.
JLS/gb
.
I
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i I~ - MEETING OF OCTOBER 24. 1995
FIRST READING FOR ORDINANCE NO. 62-95/REZONING FOR
DELRAY LAKES (FORMERLY ISLES OF DELRAY)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 62-95 which rezones a
40.86 acre parcel of land from SAD (Special Activities District)
to PRD-4 (Planned Residential Development, with a density suffix
of 4 units per acre). The property is located on the north side
of Lake Ida Road, east of 1-95. It is the former Isles of Delray
site which was approved for development of 106 zero lot line
units and 48 townhouse units in 1983. The site plan was locked
in by rezoning the property to SAD. In 1990, after two site plan
extensions had been granted, a third extension request was denied
based on the need to have the project reviewed for compliance
under current standards. Hence, the SAD approval expired.
The rezoning from SAD to PRD-4 is being sought to accommodate the
development of 160 conventionally sited homes to be known as
Delray Lakes. The lot sizes and configuration are to be detailed
in a Master Plan, which has not yet been formally submitted nor
is it required to accompany the rezoning request.
The Planning and Zoning Board first considered this request at
public hearing on September 18, 1995. Concerns from adjacent
property owners about the size of lots across the canals from
their homes were expressed and the Board continued the matter
until such time that a master plan was ready. Subsequently, the
developer and property owner indicated that they wanted to first
have the zoning in place before proceeding with the full site
plan, so the rezoning issue was brought back to the Board. At
public hearing on Oc tober 16, 1995, after lengthy discussion on
the item and the appropriateness of the developer's proposed
density (3.9 units/acre), the Planning and Zoning Board voted 4
to 2 (Schmidt and Schwartz dissenting) to recommend approval of
rezoning to PRD-4. Please refer to the staff report for
additional analysis.
Recommend approval of Ordinance No. 62-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
ref:agmemo7 fOJy~ 3&d
(tJ1. &PVwi Y-- V7!à¡6) /c¡/lu:;L
~)
.
ORDINANCE NO. 62-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN
THE PRD-4 (PLANNED RESIDENTIAL DEVELOPMENT-4 UNITS
PER ACRE) DISTRICT; SAID LAND BE ING LOCATED EAST OF
INTERSTATE-95 ON THE NORTH SIDE OF LAKE IDA ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
II ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
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,
1994, as being zoned SAD (Special Activities District); and
WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 4 to 2 to
recommend approval of a rezoning to PRD-4 (Planned Residential
Development-4 units per acre) District, based upon positive findings;
and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of PRD-4 (Planned
Residential Development-4 units per acre) District for the following
described property:
A portion of Section 8, Township 46 South, Range 43
East, Palm Beach County, Florida, more particularly
described as follows:
Beginning at the Northwest corner of Lot 17, Block 3
of Lake Ida Manor Addition No. 2 as recorded in Plat
Book 25 at Page 61 of the Public Records of Palm
Beach County, Florida; then run South 00 degrees
13'52" East along the West boundary of said Lake Ida
Manor Addition No. 2 a distance of 254.38 feet to the
northerly right-of-way of Lake Ida Road; then run
.
I
North 89 degrees 51'08" West along said northerly
right-of-way 971. 07 feet; then run North 00 degrees
11'43" East along said right-of-way 13.97 feet to the
southeast corner of Isles of Delray Section 2 as per
the Amended Plat thereof as recorded in Plat Book 71
at Pages 58 through 62 of the Public Records of Palm
Beach County, Florida; then run North 89 degrees
50'57" West along said northerly right-of-way 236.61
feet to the point of curvature for a curve to the
right; then run northwesterly along said right-of-way
curve having a radius of 1450.52 feet, through a
central angle of 25 degrees 44'55" for an arc
distance of 651.86 feet; then run North 64 degrees
02'52" West along said right-of-way 96.43 feet; then
run North 60 degrees 54'30" West along said
right-of-way 17.84 feet; then run South 29 degrees
05'30" West 14.00 feet; then run North 60 degrees
54'30" West along said right-of-way 150.00 feet; then
run North 29 degrees 05'30" East 14.00 feet; then run
North 60 degrees 54'30" West along said right-of-way
54.00 feet; then run North 30 degrees 04'37" East
along the westerly boundary of said Isles of Delray
Section 2, a distance of 474.93 feet; then run South
59 degrees 52'45" East, 140.52 feet; then run South
60 degrees 52'15" East, 50.00 feet; then run South 59
degrees 52'45" East, 139.51 feet to the easterly
boundary of said Isles of Delray Section 2; then run
North 30 degrees 04'37" East along said easterly
boundary 419.74 feet to the point of curvature for a
curve to the right; then run northeasterly along said
curve having a radius of 40.09 feet, through a
central angle of 60 degrees 09'13" for an arc
distance of 42.09 feet to the point of curvature for
a curve to the left; then run northeasterly along
said curve having a radius of 25.00 feet through a
central angle of 90 degrees 11'25" for an arc
distance of 39.35 feet; then run North 00 degrees
14'06" East, 295.93 feet; then run South 89 degrees
44'36" East along the south boundary of a 50 foot
canal as per record Plat of Lake Ida Shores according
to the Plat thereof as recorded in Plat Book 25 at
Page 54 of the Public Records of Palm Beach County,
Florida, a distance of 1016.77 feet to the westerly
boundary of an 80 foot canal; then run South 00
degrees 15'59" East along said westerly boundary as
per said record Plat of Lake Ida Shores, a distance
- 2 - Ord. No. 62-95
.
of 802.96 feet; then run South 89 degrees 46'49" East
along the South boundary of said canal 40.00 feet;
then run South 00 degrees 15'59" East along the
westerly boundary of said Lake Ida Shores a distance
of 200.00 feet; then run South 89 degrees 46'49" East
along the southerly boundary of said Lake Ida Shores,
a distance of 260.06 feet to the Point of Beginning.
The subject property is located on the north side of
Lake Ida Road, east of Interstate-95 (formerly known
as Isles of Delray); containing 40.86 acres, more or
less.
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 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 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.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 62-95
.
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- DELRAY LAKES
PLANNING OEPARTU(NT
CITY OF D[LRAY !I[AC". fL
- - DICITAl lJASt LIAP SYSrtu --
,
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: D~J~&~~
DEPARTMENT OF PLAN G D ZONING --
FROM: ~~LANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM SAD (SPECIAL ACTIVITY DISTRICT) TO PRD
(PLANNED RESIDENTIAL DEVELOPMENT) FOR DELRAY LAKES
(FORMERLY THE ISLES OF DELRAY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of aDDroval on first reading
of an ordinance rezoning a parcel of land from SAD (Special Activity District) to
PRD (Planned Residential Development). The subject property is the Isles of
Delray SAD, which is located east of 1-95 on the north side of Lake Ida Road,
and contains approximately 40.86 acres.
BACKGROUND:
In 1983, the City Commission approved a site plan for the Isles of Delray under the
PRD-4 zoning to allow the construction of 106 zero lot line units and 48 townhouses.
Shortly after that approval, the City Commission (with the concurrence of the property
owner) initiated a rezoning of the subject property to SAD to insure that the project
would be built per the approved site plan. A site plan extension was granted in 1986
and 1989. In 1990, the City Commission denied the third site plan extension request,
based on the project's need to be reviewed for compliance under the newly adopted
Comprehensive Plan, LDR's, and Palm Beach County Traffic Performance Standards.
The current SAD zoning on the subject property has since expired.
The rezoning request from SAD to PRD is being sought to allow for the construction of
160 conventionally sited homes known as Delray Lakes.
.
City Commission Documentation
Rezoning from SAD to PRD for Isles of Delray
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
This item was originally considered at the Planning and Zoning meeting of September
18, 1995. Residents from the adjacent lake Ida Shores subdivision attended the
meeting and spoke in opposition to the rezoning, mostly based on concerns about the
sizes of lots proposed across the canals from their homes. The lot sizes and
configuration are to be detailed in a Master Plan, which has not yet been formally
submitted. The Board voted to continue the item until such time that the Master Plan
was ready. Subsequent to that meeting, the developer and property owner stated their
desire to have the zoning in place prior to proceeding with the preparation of a full site
plan. As the plan is not required to accompany the rezoning, the rezoning itself was
brought back to the Board.
At its meeting of October 16, 1995, the Planning and Zoning Board held another public
hearing for the rezoning request. Five people from the public spoke on the item.
Again, many of the comments related to the Master Plan. Other comments related to
the density (5 units per acre) and flexibility allowed in the PRD zoning. Some residents
wanted the density limited to 3 units per acre. The Planning and Zoning Board had a
lengthy discussion on the item and the appropriateness of the developer's proposed
density (3.9 units per acre). The Board voted 4-2 to recommend a rezoning of PRD-4
(Schmidt, and Schwartz dissenting). The dissenting votes were based on a concern
over density, and on the desire to have the master plan accompany the rezoning.
RECOMMENDED ACTION:
0 By motion, approve on first reading the ordinance rezoning Isles of Delray
from SAD (Special Activity District) to PRD-4 (Planned Residential
Development) as described in the attached ordinance, and setting a
public hearing date of October 24, 1995.
Attachments:
. P&Z Staff Report and Documentation of October 16,1995
. Ordinance by Others
.
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0;.
MEETING OF: OCTOBER 16, 1995
AGENDA ITEM: V.A. REZONING REQUEST FROM SAD (SPECIAL ACTIVITIES
DISTRICT) FOR DElRA Y LAKES, lOCATED ON THE NORTH
SIDE OF LAKE IDA ROAD, EAST OF 1-95 (CONTINUED FROM
THE SEPTEMBER 18,1995 MEETING).
ITEM BEFORE THE BOARD:
See attached staff report from the September 18, 1995 meeting.
Attachment:
* P&Z Staff Report from the September 18, 1995 Meeting
V.A.
.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: September 18, 1995
AGENDA ITEM: V.c.
ITEM: Rezoning from SAD (Special Activities District) to PRD (Planned
Residential) to accommodate an 160 unit single famHy residential
development, located on the north side of Lake Ida Road, at Roosevelt
Road.
GENERAL DATA:
Owner........... ...... .... ............... ...... ....... Gilbert Goldstein
Applicant...................... .............. ........ Bovis Homes
Agent............ ...................................... Gerald Levy
Location.............................................. North side of Lake Ida Road, at Roosevelt Road.
Property Size...................................... 40.86 Acres
Future Land Use Map......................... Low Density Residential
Current Zoning..................:................ SAD (Special Activities District)
Proposed Zoning................................ RRD(Planned Residential Development)
Adjacent Zoning........................North: R-1-AAA (Single Family Residential)
East: R-1-AAA and R-1-AA (Single Family Residential)
South: R-1-A (Single Family Residential) and CF (Community Facilities)
West: R-1-A and OSR (Open Space and Recreation)
Existing Land Use...::......................... Vacant, fonnerly a proposed residential development with some installed
infrastructure.
Proposed Land Use............................ Rezoning from SAD (Special Activities District) to PRO (Planned Residential)
to accommodate an 160 unit single family residential development
Water Service.................................... Existing 8ft water main in Enfield Road.
Sewer Service.................................... Existing 8" sewer main in Enfield Road.
VC
.
The action before the Board is making a recommendation on a rezoning request from
SAD (Special Activity District) to PRD (Planned Residential Development). This
rezoning is being sought in order to allow for the construction of 160 conventionally
sited homes.
'"
The subject property is the Isles of Delray SAD, which is located east of 1-95 on the
north side of Lake Ida Road, and contains approximately 40.86 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City. -
Prior to 1983, the land known as the Isles of Delray had a development plan for 100
single family lots. During the review and approval of the subdivision, there was
considerable focus upon traffic circulation as it relates to accessing the developed
property to the east (Delray Shores subdivision). The extension of N.W. 8th Avenue to
Lake Ida Road and the connection of Enfield Road between the projects was rejected.
The resulting pattern is what exist today, a single access to Lake Ida Road at the west
end of the property. Some water and sewer mains were installed and some streets
were completed. Thirty-eight (38) lots were platted, and 5 homes were constructed.
In October of 1983, approval was granted for a ~ite plan under the PRD-4 zoning
consisting of the following elements:
· 40.73 acres (fourteen of the original single family lots were not included);
· 106 zero lot line units and 48 townhouse units;
· provision of a water feature by widening the canals to 60', providing a boat
loading area, and water access to Lake Ida;
· provision of a recreation center;
'.
· relocation of the entrance eastward to line up with Roosevelt Avenue.
Shortly after that approval, the City Commission (with concurrence of the property
owner) initiated a rezoning to SAD. The rezoning to SAD would insure that the project
would be built per the approved site plan. On January 24, 1984, the City Commission
approved the SAD zoning subject to conditions. One of the conditions was that the
project be built within 24 months.
,
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 2
In May 1986, the site plan was extended for an additional 24 months. In January 1989,
a new extension was granted with an expiration date of July, 1990. In April 1990, an
extension request was filed. It was noted that several events had occurred since the
last extension request which included the adoption of the City's Comprehensive Plan
and the LDRs, the County Traffic Performance Standards, and concurrency programs.
In order to review the project under the new Land Development Regulations, and
Comprehensive Plan policies, staff recommended that the site plan extension be
denied. At its meeting of September 25, 1990, the City Commission denied the
extension request for the Isles of Delray, and no development activity has occurred
since.
The development proposal is to rezone Isles of Delray from SAD to PRD to
accommodate 160 conventionally sited homes. Other elements of the proposal
include a 5' high concrete wall along Lake Ida Road, potential for a gated community,
two tennis courts, pool, cabana, covered picnic gazebo, boat ramps, and a recreational
vehicle and boat storage area.
The R-1A zoned parcels (14 lots) located in the northwest corner of the site are not
included in the rezoning, however they will take access through the development.
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.
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 current Future Land Use Map designation for the subject property is Low Density
Residential. The requested zoning change is from SAD to PRO. The proposed zoning
designation of PRD is consistent with the Low Density Residential Future Land Use
Map designation.
.
P&Z Staff Report .
Rezoning from SAD to PRO for the Isles of Delray
Page 3
The Low Density Residential Land use plan designation allows development at a
density of 0-5 units per acre. The proposed development density is 3.9 units per acre.
Based upon the above, a positive finding with respect to consistency with the Future
Land Use Map designation 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.
Streets and Traffic:
There are no changes in the intensity of use with the change in zoning from SAD to
PRD as both zonings \YOuld allow a maximum density of 5 units per acre. In either case
the maximum development potential of the property is 203 units which \YOuld generate
2,030 trips. Thus, the potential net trip generation resultling from the rezoning is zero.
Provision of a traffic study will be required with the master development plan
submission. Positive findings of Concurrency will be required with the approval of that
plan. It should be noted that Lake Ida Road is currently over capacity and no building
permits can be issued until the contract for that improvement is let.
Water and Sewer:
Preliminary engineering plans were not submitted· with theapplicati.on. However, water
and sewer service is available to the site via mains located along Lake Ida Road. As
mentioned earlier in the report a partial water and sewer system internal to the site has
been installed, however only a portion of that system has been accepted for
maintenance by the City. In addition to the above, an existing lift station is located at
the southeast comer of the site and is situated on private property. Dedication of the
lift station to the City, and necessary upgrading of the existing water and sewer
systems can be further reviewed with the platting of the subject property.
The rezoning from one single family development to another will not generate an
increase in water or sewage demands. Further, there is adequate capacity at
the existing facilities to handle water demands and sewage generated from this
developme.l1t.
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City. Thus, a positive finding can be made to this
level of service.
,
,
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 4
In addition, pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed
upon land which is not designated for park purposes in the Comprehensive Plan, an in-
lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building
permits for each unit.
'i·
Solid Waste:
According to Solid Waste Authority figures, the trash generated by the maximum
development potential under either zoning designations is 73.73 tons of solid waste per
year. The Solid Waste Authority indicates in its annual report that the established level
of service standards for solid waste will be met for all developments which have been
accounted for in their Comprehensive Plan. As this proposal is cur~ently reflected in
the adopted Plan, concurrency will be met for the proposed development of this parcel.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
A) That a rezoning to other than CF within stable residential area shall be
denied (Housing Element A-2.4).
The subject property is located within a stable residential neighborhood area.
Pursuant to Policy A-2A, properties indicated as stable residential areas on the
Housing Map, should have the most restrictive residential zoning district
applicable affixed to the property. The proposed PRD zone district is just as
restrictive as the eXpired SAD. The resulting development will be of similar
intensity.
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.
West of the property is zoned OSR (Open Space and Recreational) (Lake Ida
Park); north and east R-1AAA (Lake Ida Shores subdivision); and south R-1A
(single family subdivisions) and CF (Spady School). The proposed development
is consistent and compatible with the surrounding residential land uses and
should not create any adverse impacts.
,
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Defray
Page 5
Section 2.4.5(D}(5} (RezoninQ FindinQs):
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. The$.e 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 submitted a justification statement as a part of the rezoning application.
The statement indicates the following:
-That the site is in contract with a new developer. The current developer wants
to include more amenities, such as a pool, tennis courts, parking and storage
facilities, etc. Also SAD zoning has expired and that SAD is· generally applied to
Large Scale Mixed Use development and any use which is not accommodated
under the PRO zone District. Also, the zoning of PRD is consistent with the land
use of low density 0-5 dwelling units per acre.·
Comment: The justification statement addresses Item Band C as the basis for which
the rezoning should be granted. To re-establish the SAD YJOuld be inappropriate as the
single family development can be accommodated under the PRD zone district. With
respect to Item C, the requested zoning of PRD is of similar intensity as allowed under
the Future Land Use Map.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted' and the following was found:
Open Space and Recreation Element Policy A-3.3: Tot lots and recreational areas
shall be a feature of all new housing developments which utilize any of the PRO
zone districts or which have homeowner associations which must care for
retention areas, private streets, or common areas.
.
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 6
The conceptual master development plan does not provided for a tot lot, however a tot
lot can easily be accommodated at one the proposed recreational areas. Two tennis
courts, pool, cabana, picnic area, and access to the canals have been provided as
recreational features of the development.
.,
Land Use Element Objective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use needs.
A. - Physical Considerations - The property has previously been disturbed for
the purposes of future development, however that was ~pproximately 15
years ago and nature has reclaimed some of the land. A partial water and
sewer system and roads have been installed. The existing canals within
the development do not meet current SFWMD criteria and must be
reconfigured. The layout of the development takes into consideration
these physical conditions. A large slash pine stand is situated along the
west bank of the existing canal, which has not been addressed on the
sketch plan. The slash pine stand should be saved to the greatest extent
possible.
B. Complimentarv with Adjacent Land Uses - the proposal will be
complimentary with the adjacent residential uses to north, east, and
south, and is complimentary to Lake Ida Park located to the west.
C. Fulfills RemaininQ Land Use Needs - the proposed development will
provide for middle income, owner occupied, single family homes which
will fulfill one of the remaining land use needs.
Conservation Policy 8-2.1 The submission of a biological survey and a habitat
analysis shall accompany land use requests for plan amendments, rezonings,
and site plan approval. ". However, the requirement shall not apply to small
parcels, developed parcels, or where it is apparent that there are not such
resources.
Conservation Policy 8-2.2 Whenever and wherever significant or sensitive flora
and fauna communities are identified pursuant to Policy 8-2.1, they shall be
preserved as if they were environmentally sensitive areas as identified in
Objective B-1.
.
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 7
Conservation Policy 8-2.5 - When ever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive area, or an area
identified via Policy 8-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or 25% of native
communities shall be retained pursuant to Treasure Coast Regioné\1 Planning
Commission Policy 10.2.2.2.
The above policies are applicable to this development proposal. A biological/tree
survey has not been submitted to date. Review of this information for compliance with
the above policies can be addressed with the master development plan.
Land Use Element Policy A-3.1 - Prior to recommending approval. of any land use
application which comes before it, the Local Planning Agency must make a
finding that the requested land use action is consistent with Objective A-3 which
states that the development of remaining land shall provide for the retention of
open space and natural resources, as provided for under Policy 8-2.5 of the
Conservation Element and/or Policy 8-1.4 of the Open Space and Recreation
Element.
Policy 8-2.5 of the Conservation Element is discussed above. Policy 8-1.4 of the
Open Space and Recreation Element states that new developments shall provide
central focal points at entries and landscape buffers along the external (arterial,
collectors) streets which service them. Back-lotting of individual homes along
such streets should be allowed only when special landscape buffers are provided
between the rear yard walls or fences and the right-of-way.
Thirty-three lots will back-up to Lake Ida Road. A 5' concrete wall, as well as a 10'
special landscape buffer is to be provided along Lake Ida Road. Back-lotting has been
avoided on the remainder of the property which has most of the parcels backing onto
water and other open areas. Thus, the intent of this policy has been met.
Compliance with Land Development Reaulations: 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 conceptual Master Development Plan. While the
submitted plan is not being formally considered at this time, the following comments are
provided.
. Provision of sidewalks on both sides of the street will be required pursuant to
LOR Section 6.3.1.
. Relocation ot the southeast cul-de-sac so that the right-ot-way does not
encroach into the required 10' landscape setback.
.
.
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of De/ray
Page 8
· SFWM permits required for the reconfiguration of the canals and canal banks.
· Submission of a biological and tree survey.
· Internal adjustments for lot sizes and setbacks.
...
· Provision of docks adjacent to the boat ramps.
· Preservation of the Slash Pines to the greatest extent possible.
~~: ..... . ., ".
., 't/o¡if' , ., . . :th
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
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:
· Lake Ida Homeowners Association
· Ye Little Wood Home Association
· PROD
· Rainberry Lakes Homeowners Association
· Rainberry Bay Homeowners Association
Letters of objection, if any, will be presented at the P & Z Board meeting.
The rezoning request from SAD to PRD·for this property is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land development Regulations. The
property is currently vacant, and has been for some time. The rezoning will allow the
construction of 160 conventionally sited homes which will be compatible with the
surrounding land uses, and fulfills remaining land use needs by providing moderate
income housing. A full Master Development Plan must be approved by the Board at a
future date.
,
I
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 9
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A. Continue with direction.
B. Recommend rezoning of the rezoning request from SAD to PRO, based
on positive findings with respect to Section 2.4.5(0)(5) (rezoning
findings), Section 3.1.1, and the performance standards of Section 3.3.2.
C. Recommend denial of a rezoning request based on a failure to make
positive findings with respect to Chapter 3.3.2 (Compatibility), and that
pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed.
Recommend approval of the rezoning request from SAD (Special Activity District) to
PRO (Planned Residential District), based upon positive findings with respect to
Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions)
of the Land Development Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(0)(5).
Attachments:
* Sketch Plan
* Survey
'>
.
City of Del ray Beach 12 Sep 95
Planning and Zoning Board
100 N.W. 1st Avenue
Delray Beach, FL 33444
Subject: Public Notice #95-175
-;.
Dear Board Members:
We, the undersigned property owners adjacent to the Delray Lakes parcel acknowledge that
development of this parcel is desirable; however, we object t ezoning to a classification that differs in
the extreme wm the well-established developme n adjacent prope . . We understand that this
hearing is on the zoning not the Delray Lak aster pláí\ but the master p is the motivation for the
zoning change ftom the existing SAD d' lion. l ¡. the at the root fthe re-.zoning proposal at
this public hearing. The master plan sh s housin lots hat are half the s' of suITounding
development. The lot widths on the sit Ian are I an the minimum ,v'idth for the lowest category
of single family residential zoning in tlì' I nee. How cæy~ maintain the value of the
highest-zoned property Delray has to offer with this kin 0 - siíion?
We are concerned that there is no indication of density for the PRD in the notice (#95-175) provided to
us. The density is typically established by a numeric suffix on the PRD designation. We object strongly
to an unrestricted or unspecified density in connection with a zoning change to PRD on the property.
We would support re-zoning to Conventional Single Family PRD - a category which would provide a
.more gradual transition from the R-l-AAA zoning of existing development to the north and·east and
west. We support zoning that seeks compatibility and fosters hannony with the existing adjacent
neighborhood. The extent to which any new development meets these objectives of compatibility and
harmony should ensure the success of that development in this area.
Name Address Date Phone
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Letter to Delray Beach Planning and Zoning Board 12 Sep 95 p.2
Name Address Date Phone
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Letter to Delray Beach Planning and Zoning Board 12Sep95 p.3
Date Phone
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I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i IdA - MEETING OF OCTOBER 24. 1995
FIRST READING FOR ORDINANCE NO. 63-95 (SMALL SCALE FLUM
AMENDMENT FOR THE LAKEVIEW GOLF COURSE MAINTENANCE
BUILDING SITE)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 63-95 which changes the
Future Land Use Map (FLUM) designation for the maintenance
building site at Lakeview Golf Course from Low Density
Residential 0-5 du/acre to Recreation and Open Space. The
property comprises 0.69 acres of the overall 42 acre Lakeview
Golf Course. The balance of the golf course has a Recreation and
Open Space land use designation. The purpose of this amendment
is to have the FLUM designation for the maintenance building site
be consistent with the rest of the City-owned golf course.
The Planning and Zoning Board considered this matter at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that
the amendment be approved.
Recommend approval of Ordinance No. 63-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
p~ 5-0
ref:agmemo12
ORDINANCE NO. 63-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE
LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY
RESIDENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION
AND OPEN SPACE¡ ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP
AMENDMENTS¡ PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on
the Future Land Use Map (FLUM) in the Comprehensive Plan for the City
of Delray Beach, Florida, as Low Density Residential 0-5 du/acre¡ and
WHEREAS, on October 16, 1995, the Planning and Zoning Board
for the City of Delray Beach, as Local Planning Agency, considered
this matter at public hearing and voted 6 to 0 to recommend that the
FLUM designation be changed from Low Density Residential 0-5 du/acre
to Recreation and Open Space¡ and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the FLUM designation of
Recreation and Open Space.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
The North 199 feet of the South 1,476 feet of the
West 150 feet of the East 230 feet of the Southeast
Quarter (SE 1/4) of Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida.
The subject property is known as the Lakeview Golf
Course Maintenance Building site and is located on
the west side of Dover Road, approximately 200 feet
north of Wedgewood Road¡ containing 0.69 acres, more
or less.
Section 2. That the Future Land Use Map designation for the
subject property in the Comprehensive Plan is hereby changed from Low
Density Residential 0-5 du/acre to Recreation and Open Space.
.
.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4 . That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is
issued by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section 163.3184,
F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the
Administration Committee, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status,
a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 63-95
.
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N LAKEVIEW GOLF COURSE
-
F't.AHH'HC O(PART\I(Hr MAINTENANCE FACILITY BUILDING
aT\' or o(l~A y O(AO', f"I.
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CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM: A. COSTEllO
PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
SMAll-SCALE FUTURE LAND USE MAP AMENDMENT FROM
lOW DENSITY RESIDENTIAL 0-5 DU/ACRE TO RECREATION
AND OPEN SPACE FOR THE LAKEVIEW GOLF COURSE
MAINTENANCE BUilDING SITE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance changing the Future land Use Map designation
for the lakeview Golf Course maintenance building site (0.69 acres) from
low Density Residential 0-5 du/acre to Recreation and Open Space.
The subject property is located on the west side of Dover Road,
approximately 200 feet north of Wedgewood Road.
BACKGROUND:
On August 2, 1995, the City of Delray Beach purchased the lakeview Golf
Course and associated facilities. The City is currently processing a rezoning of
the 42-acre golf course property from R-1-AA and R-1-AAA-B (Single Family
Residential) to OSR (Open Space and Recreation) concurrently with the FlUM
amendment. The golf course has a Future land Use Map designation of
Recreation and Open Space, however, a portion of the property which contains
the golf course maintenance building (0.69 acres) has a land use designation of
low Density Residential 0-5 du/acre. While the OSR zone district is not
inconsistent with the underlying low Density land use designation, it is
.
I
City Commission Documentation
Meeting of October 24, 1995
First Reading of an Ordinance - Small-Scale Land Use Map Amendment from Low Density
Residential 0-5 du/acre to Recreation and Open Space for the Lakeview Golf Course
Maintenance Building Site
Page 2
appropriate to change the land use designation to Recreation and Open Space
to be consistent with the balance of the City-owned golf course. 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 October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the FLUM amendment. There was no
public testimony in opposition to the request. The Board voted 6-0 to
recommend that the amendment be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance changing the Future Land Use
Map designation for the Lakeview Golf Course Maintenance Building site from
Low Density Residential 0-5 du/acre to Recreation and Open Space, and setting
a public hearing date of November 7, 1995.
Attachments:
0 P & Z Staff Report and Documentation of October 16, 1995
0 Ordinance by Others
S:FLULAKEV.DOC
,
,
;.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---ST AFF REPORT ---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.B
ITEM: Future Land Use Map Amendment from Low Density Residential 0-
5 du/acre to Recreation and Open Space for the Lakeview Golf
.'j.
Course maintenance building site, located on the west side of
Dover Road, approximately 200 feet north of Wedgewood
Boulevard.
~~
LINTON BOULEVARD
........ .-... c.
GENERAL DATA:
Owner...................................................... City of Delray Beach
ApplicanUAgent........................................ David T. Harden, City Manager
Location............................................... .... West side of Dover Road, approximately 200 feet north of
Wedgewood Boulevard.
Property Size............................ ..... .......... 0.69 Acres
Existing Future Land Use Map.................. Low Density Residential 0-5 du/acre
Proposed Future Land Use Map............... Recreation and Open Space
Current Zoning.................. .................. ...;.. R-1-AAA-B (Single Family Residential)
Proposed Zoning... ....... ......... ... ...... .......... OSR (Open Space and Recreation)
Adjacent Zoning.... ..... ............. ........ North: R-1-AAA-B
East: RM (Medium Density Residential)
,. South: R-1-AA (Single Family Residential)
West: R-1-AAA-B
, Existing Land Use................................... Lakeview golf course maintenance building
Proposed Land Use.................................. Same as existing
Water Service. ......... ............ ............ .... .... Existing on site
Sewer Service.......................................... Existing on site
V.8
,
.
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The item before the Board is that of making a recommendation on
a Small-Scale Future Land Use Map Amendment from Low Density
Residential 0-5 du/acre to Recreation and Open Space.
The proposed amendment comprises 0.69 acres of the overall 42
acre Lakeview Golf Course. The subject property is located on tlie
west side of Dover Road, approximately 200 feet north of
Wedgewood Boulevard.
1.~i~~~I~~i~illÆ~i!~~i~iI~~~¡~li~~¡~¡~f:11~~~Jr~1~l.fJ~I_ÎltI.ltltltl~· .~..~..~. ,. .,
On August 2, 1995, the City of Delray Beach purchased the Lakeview Golf
Course and associated facilities. The City is currently processing a rezoning of
the golf course property from R-1-AA and R-1-AAA-B (Single Family Residential)
to OSR (Open Space and Recreation). The golf course has a Future Land Use
Map designation of Recreation and Open Space, however, a portion of the
property which contains the maintenance building has a land use designation of
Low Density Residential 0-5 du/acre. While the OSR zone district is not
inconsistent with the underlying Low Density land use designation, it is
appropriate to change the land use designation to Recreation and Open Space
to be consistent with the balance of the City-owned golf course.
(For a complete history, please refer to the Rezoning Staff Report).
i¡:::~:::~:¡¡¡¡¡::¡¡~j:ji,i,i:ij:¡¡:¡¡¡j¡ji,¡:::!¡:::::¡::¡'¡:¡¡:¡:¡¡:¡:¡i,¡:¡¡¡:j::::i,¡:::j::¡:¡::¡¡j:m:::¡¡:li::1:¡:§::jl¡¡¡¡i¡::~\j:l:t§::¡ÎîltB¡:jl¡¡:I:~I!'l¡¡ÎJI:i,;i::t::¡¡:¡::j¡~~1¡¡:¡¡~!¡~llmlltll¡~I:~1~¡i¡j:
The proposal is to change the land use designation of the 0.69 acre parcel from
Low Density Residential 0-5 du/acre to Recreation and Open Space. The
balance of the property has a Recreation and Open Space land use designation.
The property contains a maintenance building associated with the golf course.
A city initiated rezoning of the overall 42 acre Lakeview Golf Course from R-1-AA
and R-1-AAA-B (Single Family Residential) to OSR (Open Space and
Recreation) is being processed concurrently with the FLUM amendment and is
discussed in a separate Staff Report.
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This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
proposed small scale development activities may be approved without regard to
.
I
P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 2
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
0 The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
.,
.,.
0 The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
0 The proposed amendment does not involve the same property owner's
property. within a 200 feet of property granted a change within a period of
12 months.
The land use map amendment involves a 0.69 acre area, thus the total area is
less than the 10 acre maximum. The maximum density allowed under the
existing Low Density Residential designation is 5 dwelling units per acre, while
the proposed Recreation and Open Space designation does not allow residential
uses and is applied to public recreation areas. Thus, the proposal involves a
nonresidential land use which w.ill result in a decrease of potential density. The
amendment to Recreation and Open Space is being processed concurrently with
a rezoning request to OSR (Open Space and Recreation) to accommodate the
existing golf course use and to create consistency between the zoning and land
use designations.
This amendment along with other small scale amendments processed this year
will not exceed 60 acres. This property has not previously been considered. for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and nQ applicable objectives and policies were found.
land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future land Use
Map.
The proposed Recreation and Open Space land use designation, which is
consistent with the balance of the property, will allow the following zoning
.
.
P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 3
classifications: OSR (Open Space and Recreation), OS (Open Space), and CF
(Community Facilities). In conjunction with the Future Land Use Map
amendment, a rezoning from R-1-AA and R-1-AA-B (Single Family Residential)
to OSR (Open Space and Recreation) is being processing to accommodate the
existing public golf course use and to create consistency between the zoning
and land use designations. 4';.
Adjacent Zoning Designations & land Uses:
North and west of the subject property is zoned R-1-AAA-B (Single Family
Residential); south is zoned R-1-AA (Single Family Residential); and east,
across Dover Road and the canal, is zoned RM (Medium Density Residential).
The existing land uses to the north, south and west are single family homes
(Lakeview, Sherwood Park and Lakeview Phase II subdivisions) and to the east
are condominium developments (Imperial Villas and Pines of Delray West).
Compatibility with the adjacent single family residences is not a major concern.
The existing golf course and the adjacent residences have co-existed for many
years. The proposed land use plan amendment is consistent with the underlying
land use designation of the balance of the golf course and is much less intense
than what is currently permitted.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new Pursuant to Section 3.1.1 (B), Concurrency as defined
pursuant to Objective B-2 of the Land Use Element of the Comprehensive
Plan must be met and a determination made that the public facility needs of
the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of,
needed capital improvements.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered in
the overall land use påttern, assessment of level of service, the provision of
services, and meeting remaining land use needs. As the FLUM amendment
does not involve changing the existing use of the property, concurrency findings
are not necessary. However, it is noted that the FLUM amendment to
Recreation and Open Space will result in a maximum development potential
which is less intense than that which could be developed under the current
residential zoning classification.
.
P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 4
i,!:!::'if'1:)!:)::1::,:,fi,:::"1:i:.'·i:"j,,:i,:¡':i::1:::::::::::;:)[:::::1::::::::i¡:::1i:,::i1:....i:":::',.¡.."·...':..'i'B·:.§:::Î:::i~:::§:il1::::¡:;::§.:,~::'f::::::~i:m:':ªf§::::B1::§,::f:,:·:...,"j::::::::i::::::,:;"::::'::';11:;:".f:i::,i::1;:::;:::::::::;f:,::::":,:::::'::::::::i:!:i:::::';i::::::",.i:.):i.I
The FLUM amendment is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), the DDA (Downtown Development
Authority), or the HPB (Historic Preservation Board). "
.,
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Special notices were provided to the following
homeowner's associations and citizen's groups:
0 Andover 0 Lakeview Greens
0 Crosswinds 0 Oakmont
0 Del-Aire 0 Pines of Delray
0 Foxe Chase 0 Pines of Delray East
0 Imperial Villas 0 Shadywoods
0 Lakeview 0 Sherwood Park
0 Spanish Wells
0 PROD (Progressive Residents of Delray)
0 United Property Owners
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
1:;::::¡::r~¡:~:[~¡::::::¡)¡::¡¡1¡:¡:¡:¡¡::::¡:::¡¡ii¡¡¡¡::~¡::¡1¡¡:!:¡I¡§¡¡:§:::§:':ª)¡§::!:M!:::§¡:::N::¡rn¡¡¡::~¡I¡:¡M:::I:!:::¡¡¡Î:::I¡::I!:¡Î::::Ë¡::m:::~!:¡,,:::g!::m¡:¡1r¡:!:!:::¡¡1i:i:~::¡:!:¡¡¡¡!:!:::::!:::!:::¡1:¡!:¡¡¡¡:¡::¡i!:::!:!::¡1::
The Future Land Use Map Amendment from Low Density Residential 0-5
du/acre to Recreation and Open Space is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
adjacent residences are predominantly single family in nature. The proposed
land use plan amendmE?nt is consistent with the current use of the property as
well as the land use designation for the balance of the golf course.
I¡¡¡:¡¡¡¡¡~l.m¡¡¡¡:¡:¡¡:¡:¡¡¡::::::¡¡;:¡¡:~::::::¡:¡::¡::¡:::¡¡¡¡¡:¡:¡::::::¡¡¡:¡¡¡¡;¡::::::::¡:::¡:::::::::::¡!::::q¡;rJj:1:g:¡1:1:::H:::I:::I¡¡J.¡¡¡í::¡I;:::¡::¡I:::I¡:ltl¡¡:I:::N!1::§!,::::::::::¡::::::¡I:::¡:¡::¡I:::::::;¡:::::::::¡:¡:::¡:::::::::::::::i:::¡:¡:::¡:::¡¡¡:::¡¡:::::::::::¡¡:!:::::I
A. Continue with direction.
S. Recommend approval of the Future Land Use Map Amendment from Low
Density Residential 0-5 du/acre to Recreation and Open based upon
positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations and policies of the Comprehensive Plan.
.
, .
P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 5
C. Recommend denial of the Future Land Use Map Amendment from Low
Density Residential 0-5 du/acre to Recreation and Open Space with the
basis stated.
Recommend to the City Commission approval of the Small Scale Future Land
Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation
and Open Space based upon positive findings with, respect to Chapter 3
(Performance Standards) of the Land Development Regulations and policies of
the Comprehensive Plan.
Attachment:
0 Location Map
This Staff Report prepared by: Jeff Costello. Senior Planner
U:FLULAKEV.DOC
.'
"
.
..
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERflIt1
SUBJECT: AGENDA ITEM i 1:< . C - MEETING OF OCTOBER 24. 1995
FIRST READING FOR ORDINANCE· NO. 64-95 (LAKE VIEW GOLF
COURSE REZONING)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 64-95 which rezones the
Lakeview Golf Course from R-l-AA and R-l-AAA-B (Single Family
Residential) Districts to OSR (Open Space and Recreation)
District. The property contains 42 acres and was purchased by the
City on August 2, 1995. It is an 18-hole executive golf course
(Par 3) with a clubhouse, maintenance building and associated
parking located at the northeast corner of the site.
The Planning and Zoning Board considered this item at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that the
rezoning be approved.
Recommend approval of Ordinance No. 64-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
p~ 5-0
ref:agmemo13
,
I
ORDINANCE NO. 64-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS LAKEVI EW GOLF COURSE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-1-AA AND R-1-AAA-B (SINGLE
FAMILY RESIDENTIAL) DISTRICTS TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE WEST SIDE OF DOVER ROAD, BETWEEN
LINTON BOULEVARD AND LAKEVIEW BOULEVARD; AND AMENDING
"ZONING MAP OF DEL RAY BEACH, FLORIDA, 1994";
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,
1994, as being zoned R-1-AA and R-1-AAA-B (Single Family Residential)
District; and
WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
Tract A (less the area described in O.R. Book 6145,
Page 1395, as recorded in the Public Records of Palm
Beach County, Florida) and Tract B (less the area
described in O.R. Book 3163, Page 1155, and O.R. Book
5417, Pages 724 through 726, as recorded in the
Public Records of Palm Beach County, Florida) ,
according to the PLAT OF LAKEVIEW, recorded in Plat
Book 30, Pages 10 and 11 of the Public Records of
Palm Beach County, Florida.
TOGETHER WITH
.
I
The North 199 feet of the South 1,476 feet of the
West 150 feet of the East 230 feet of the Southeast
Quarter (SE 1/4) of Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida.
The subj ect property is located on the west side of
Dover Road, between Linton Boulevard and Lakeview
Boulevard; containing 42 acres, more or less.
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 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 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.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 64-95
OSR
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P;-t{
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~~~
THRU: NE DOMINGUEZ, DI C
DEPARTME J F PLA NIN AND ZONING
FROM: Y A. COSTELLO
PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM R-1-AA AND R-1-AAA-B (SINGLE FAMilY
RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION)
FOR THE lAKEVIEW GOLF COURSE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance rezoning the Lakeview Golf Course from R-1-AA
and R-1-AAA-B (Single Family Residential to OSR (Open Space and
Recreation) for the Lakeview Golf Course.
The subject property is located on the west side of Dover Road, between
Linton Boulevard and Lakeview Boulevard.
BACKGROUND:
On August 2, 1995, the City of Delray Beach purchased the Lakeview Golf
Course and associated facilities. Lakeview Golf Course is an 18-hole executive
golf course (Par 3) with a clubhouse, maintenance building and associated
parking located at the northeast corner of the site. The proposal is to rezone the
42 acre golf course from R-1-AA and R-1-AAA-B (Single Family Residential) to
OSR (Open Space and Recreation). The golf course has a Future Land Use
Map designation of Recreation and Open Space, however, a portion of the
property which contains the maintenance building has a land use designation of
Low Density Residential 0-5 du/acre. With the rezoning request, a Future Land
Use Map Amendment is being processed to change the Future Land Use Map
,
City Commission Documentation
Meeting of October 24, 1995
First Reading of an Ordinance - Rezoning from R-1-AA and R-1-AAA-B (Single Family
Residential) to OSR (Open Space and Recreation) for the Lakeview Golf Course.
Page 2
designation for the maintenance building site (0.69 acres) to Recreation and
Open Space to be consistent with the balance of the City-owned golf course.
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 October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the rezoning. There was no public
testimony in opposition to the request. The Board voted 6-0 to recommend that
the rezoning be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance rezoning the Lakeview Golf
Course from R-1-AA and R-1-AAA-B to OSR, and setting a public hearing date
of November 7, 1995.
Attachments:
0 p & Z Staff Report and Documentation of October 16, 1995
0 Ordinance by Others
S:RELAKEV.DOC
.
,
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.C.
ITEM: Rezoning from R-1-AA and R-1-AAA-B (Single Family Residential)
to OSR (Open Space and Recreation) for the Lakevie~Golf Course
located on the west side of Dover Road, betweéíl Lakeview
Boulevard and Linton Boulevard.
LOWSONII II
I SHERWOOD /I B L V D.
LINTON
'-J< CA
GENERAL DATA:
Owner..................................................... . City of Delray Beach
Applicant/Agent.................................... .. David T. Harden, City Manager
Location................................................... West side of Dover Road, between Lakeview Boulevard and Linton
Boulevard.
Property Size........................................... 42 Acres
Future Land Use Map.............................. Recreation and qpen Space
Current Zoning... ..................................... R-1-AA and R-1-AAA-B (Single Family Residential)
Proposed Zoning..................................... OSR (Open Space and Recreation)
Adjacent Zoning............................. North; R-1-AAA-B
East: RM (Medium Density Residential)
South: R-1-AA, RM, RL (Low Density Residential, OS (Open Space), and PC
(Planned Commercial)
" West: CF (Community Facilities)
Existing land Use................................... 18-hole Executive Golf Course with associated clubhouse and
maintenance facilities.
Proposed Land Use................................. Same as existing
Water Service.......................................... Existing on site
Sewer Service... ...................................... Existing on site
VC
·
I¡¡~¡¡¡¡~¡¡¡¡¡~¡!¡¡¡;\i:¡¡:¡~¡~¡¡¡!¡:¡¡¡:i::¡~:~:¡:~:i~::¡::¡¡:::¡\~~:i¡:,.¡::~::::~:::::·:;:i:::·:::¡i::::.\:·:J..:i:·:§:OO"·¡§::§::ig::·:~::::ß1¡¡:§::¡¡¡¡::¡:Ρ¡¡Î::¡¡§¡:::·:~¡ª:~::Îi¡:~::::ßi¡:ηi:ii:i::::::~ii:\;:::¡;:¡~:::~:¡:¡:::¡:¡:¡::::::::i;i:::¡:¡::::~¡~i::\¡:::~::~::::~:::~::~::::::¡:::~:!~:::~::¡¡::¡t
The item before the Board is that of making a recommendation to the
City Commission on a City initiated rezoning of the Lakeview Golf
Course from R-1-AA and R-1-AAA-B (Single Family Residential) zone
districts to OSR (Open Space and Recreation), pursuant to Section
2.4.5(0). ....
The Lakeview Golf Course is located on the west side of Dover Road,
between Lakeview Boulevard and Linton Boulevard, and contains
approximately 42 acres.
Pursuant to Section 2.2.2(E), the local Planning Agency (P & Z Board)
shall review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
~:~.áJ1~¡:r~1r.~~¡i¡i~~i~:¡I~rl~~~!~rfi.iJriii¡~:~¡J~:~¡~¡j~~~!~&¡¡f.;r~11f1~~.ltlll'lmll!.ffu1¡~f:1JJf~lf~11&~~~~~¡!J¡&r~&ffl.~¡~1iil¡If.~I¡¡&i¡J~t~~~1
The Lakeview Subdivision has an extensive land use history dating back to 1972 at
which time the Lakeview subdivision plat was recorded. The golf course was
developed in the mid 1970's on Tracts A and B of the lakeview subdivision. The
following are the most recent land use actions as they relate to the lakeview golf
course.
With adoption of the Future Land Use Map in 1989, the land use designation of the
golf course was changed from Residential to Recreation and Open Space. The R-1-
AA and R-1-AAA-B zoning classifications that apply to the property are riot consistent
with the Recreation and Open Space land use. With the Citywide rezoning in 1990, a
zoning designation of Open Space was considered but not adopted, and the
inconsistency remained. In April of 1991, the Planning and Zoning Board
recommended a change in the land use from Recreation and Open Space to Low
Density Residential (0-5 u/a) , as part of Amendment 91-1. At the City Commission's
transmittal' hearing on the amendment, the golf course item was deleted. The
Commission directed stiJff to meet with the golf course owners to consider alternative
courses of action. There were no substantive proposals brought forward as a result of
those discussions.
In January of 1992, the Commission considered initiating action to affect either the
Future Land Use designation or the zoning of the property in order to eliminate the
inconsistency between the two. The Commission discussed other alternatives such
as the possibility of the City's acquisition of the property. Funds were subsequently
allocated to pay for an appraisal of the golf course.
At the workshop meeting of January 4, 1994, the completed appraisal was discussed
by the City Commission, as was the use issue. The consensus of the Commission
was that the property remain as a golf course under private ownership, and that a
rezoning action to OS (Open Space) be initiated. At its meeting of February 8, 1994,
P & Z Board Staff Report
Rezoning from R-1~AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 2
the City Commission formally initiated rezoning of the golf course to OS. On February
22, 1994, the City Commission heard a request from the owners of the golf course to
postpone any rezoning action on the golf course for three (3) months, in order for the
owners to negotiate a purchase of the golf course with the City. Thus, the
Commission postponed the rezoning until July, 1994.
In the interim, a text amendment was processed creating the OSR (Open Space and
Recreation) zone district which would allow golf courses and other outside recreational
and public uses. On June 7, 1994, the City Commission approved the creation of the
OSR zone district on first reading and changed the initiated zoning classification of
Lakeview Golf Course to OSR. Also at that meeting, the golf course rezoning was
postponed for an additional three months. The rezoning was again postponed on
September 13, 1994 and November 21, 1994. On March 21, 1995, the City
Commission directed staff to proceed with the rezoning to OSR for Lakeview Golf
Course, however the rezoning was again postponed as the City and the property
owner resumed negotiations for the City's purchase of the golf course.
On August 2, 1995, the City purchased the golf course and its associated facilities.
Subsequent to the purchase, staff was directed to proceed with the rezoning of the
golf course to OSR, which is now before the Board for action.
~¡~~~1*¡¡:~ij¡ji~¡::¡¡¡~j:~~~¡~¡j[¡¡[~¡~~¡¡¡¡¡[;¡'¡¡¡¡~j¡j~:~~~¡~~~~¡j:j¡¡¡@~~~j~~~¡¡~:~:¡:~¡¡¡:~:¡:¡S¡~Si:¡1~¡I¡:¡~llilijf~I!liltl~l~tt~jRflfl:~I:¡fI~j¡ji~~ij~¡jlli1~1¡r~~I~li~¡i~j~~f.J,lf~1
The proposal is to rezone the 42 acre Lakeview Golf Course R-1-AA and R-1-AAA-B
(Single Family Residential) to OSR (Open Space and Recreation). Lakeview Golf
Course is an 18-hole executive golf course (Par 3) with a clubhouse, maintenance
building and associated parking located at the northeast corner of the site. With the
rezoning request, a Future Land Use Map Amendment is being processed to change
the Future Land Use Map designation for a 0.69 acre portion of the property
containing the maintenance building from Low Density Residential 0-5 du/acre to
Recreation and Open Space.
~. ~~. ~~lf@j~~~~~f:11~1~~ÆJ~¡~~ili~1~1~I¡~f~!{~~~~~~~~~wittlll.~11I;::'~':~ ··.~····.'··,···~'>:···l§'··,·'···:-:D'··"·>..»>·····,;.~····" "'."*"'@'m~n._",·
.: :. ~tI~~~~I:..~~.::ïîri~¥iÆ&jJ:!ti!~. ~<i~~~¡~@!~f.t~¡;*?:~~~~
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.
\.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 3
The subject property has a Future Land Use Map designation of Recreation and Open
Space (approximately 41.31 acres) and Low Density Residential 0-5 du/acre (0.69
acres), with a zoning designation of R-1-AA and R-1-AAA-B (Single Family
Residential). The R-1-AA and R-1-AAA-B zoning designations are inconsistent with
the Recreation and Open Space Future Land Use Map designation. The proposed
zoning of OSR (Open Space and Recreation) will eliminate the inconsistency.
Pursuant to LOR Section 4.4.20(B)(4), golf courses, public or private, are a permitted
use within the OSR zone district. .,.
The rezoning to OSR (Open Space and Recreation) is being processed in conjunction
with a Future Land Use Map amendment from Low Density Residential 0-5 du/acre to
Recreation and Open Space for a 0.69 acre portion of the overall 42 acre golf course
which contains the golf course maintenance building. While the OSR zone district is
not inconsistent with the underlying Low Density land use designation, the land use
designation is being changed to be consistent with the balance of the City-owned golf
course. Based upon the above positive findings 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.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered in the
overall land use pattern, assessment of level of service, the provision of services, and
meeting remaining land use needs. As the rezoning does not involve changing the
existing use of the property, concurrency findings are not necessary. However, it is
noted that the rezoning to OSR will result in a maximum development potential which
is less intensive than that which could be developed under the current residential
zoning classifications.
CONSISTENCY: Compliance with the performance standards set forth in LDR
Section 3.3.2 (Standards for Rezoning Actions) along with required findings in
LDR Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a
finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
<-
Comprehensive Plan Policies: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable
policy is noted.
Open Space and Recreation Element Policy 8-2.3 - The Open Space (OS) and
Open Space and Recreation (OSR) Zone Districts of the Land Development
Regulations shall be applied to "Recreation", "Open Space" and "Conservation"
.
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 4
parcels. The OS Zone shall provide for distinct standards applicable to open
space lands and to conservation lands.
The subject property is designated as Recreation and Open Space on the Future
Land Use Map and is currently zoned R-1-AA and R-1-AAA-B. Thus, consistency with
this policy has not been fulfilled. The rezoning to OSR will enable a positive finding to
be made with respect to this Comprehensive Plan policy. ....
....
LOR Section 3.3.2 (Standards for Rezoning Actions): Standards 8 and C are not
applicable with respect to this rezoning request. The applicable peñormance
standards of Section 3.3.2 are as follows:
A) That a rezoning to other than CF within stable residential areas shall be
denied. .
Although th~ property is located within an area designated as stable residential,
the rezoning to OSR (Open Space and Recreation) will eliminate an
inconsistency between the zoning and future land use maps. Further, pursuant
to Housing Element Policy A-2.4, properties indicated as "stable· residential" on
the Neighborhood Categorization Map, should have the most restrictive
residential zoning district which is applicable affixed to the property. The OSR
zone district is more restrictive than the existing single family zoning
designations (R-1-AA and R-1-AAA-B), and is more appropriate given the
existing use of the property. The rezoning should not have a detrimental effect
on the stability of the neighborhood.
0) 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 property mitigate adverse impacts from the new use.
North of the property is zoned R-1-AAA-B (Lakeview Subdivision); east is
zoned RM (Medium Density Residential) (Imperial Vii/as Condominium); west is
zoned CF (Community Facilities) (Emmanuel Catholic Church and The Duncan
Center); and south is zoned PC (Planned Commercial) and OS (Open Space)
(Delray Town Center), RL (Low Density Residential) (Shadywoods), RM
(Lakeside Condominiums) and R-1-AA (Lakeview Phase II). The rezoning is
cODsistent and compatible with the surrounding land uses and should not
create any adverse impacts.
LOR Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
.
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AM-B to OSR (Lakeview Golf Course)
Page 5
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 reason for which the rezoning is being sought is based upon Items "b" and "c".
There has been a change in circumstances in that the golf course is now owned and
operated by the City and therefore, should not be zoned for residential purposes. The
golf course is a less intense use than other permitted uses allowed under the R-1-AA
and R-1-AAA-B zoning designations, which are inconsistent with the underlying land
use designation. Thus, the OSR zoning is more appropriate for the property based
upon the existing golf course use and would create consistency between the zoning
and land use map designations.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property contains an 18-hole executive golf course (Par 3) with a clubhouse,
maintenance building and associated parking located at the northeast comer of the
site. With review of the rezoning petition, a site visit was conducted and did not reveal
any code violations. Any future development will be required to comply with the
applicable Land Development Regulations.
!1~!~[~¡~~~¡¡¡!!~¡!:~!~¡~:~¡~¡!¡¡¡¡~¡~~¡~~¡~~~~~~~~11Îii~!1¡!~~t~1~~!!~t"I~I¡¡:§il!I~:¡I~Ii!~~~!¡¡I¡¡1¡1~'1111It1mi:{I~IT~~~.t~~:'·~.:~: :"~".:.:~.;." ···.:.:#1..¡!~~t~~~¡::¡¡¡!1:1~!¡
The rezoning is not in a geographic area requiring review by the CRA (Community
Redevelopment Agency), the DDA (Downtown Development Authority), or the HPB
(Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Special notices were provided to the following homeowner1s
associations and citizen's groups:
0 Andover 0 Lakeview Greens
0 Crosswinds 0 Oakmont
0 Del-Aire 0 Pines of Delray
0 Foxe Chase 0 Pines of Delray East
0 Imperial Villas 0 Shadywoods
0 Lakeview 0 Sherwood Park
0 Spanish Wells
,
·
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 6
0 PROD (Progressive Residents of De/ray)
0 United Property Owners
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
~i~*lw.![\]¡¡¡¡¡¡¡¡¡¡¡¡¡¡i¡::¡¡¡¡¡¡¡]¡¡¡¡i¡¡¡¡¡¡:~¡::¡:¡:¡¡¡:¡¡¡¡¡i¡¡I¡~¡:I¡{§¡~~~~!¡lj¡!I!¡Ñ!¡¡i:¡¡¡¡:~:I¡Bj:¡¡I¡:!¡~~~I¡¡I¡!¡R¡¡¡I*§iil:~§t~Î*._tm~},tl~M:r&ti¡¡:~¡:¡:¡ik~::!:~¡::::::!¡
The Rezoning from R-1-AA and R-1-AAA-B to OSR for this property is consistent with
the policies of the Comprehensive Plan and Chapter 3 (Performance Standards) of the
land Development Regulations. Also, positive findings can be made with respect to
lOR Section 2.4.5(D)(5)(b) and (c) (Rezoning Findings), that the golf course is now
owned and operated by the City, and that the OSR zoning is more appropriate given
the existing use of the property (public golf course) and the underlying Recreation and
Open Space land use designation.
A. Continue with direction.
B. Recommend approval of the rezoning request from R-1-AA and R-1-AAA-B to
OSR based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5)(b) and (c) (Rezoning Findings) of the land
Development Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from R-1-AA and R-1-AAA-B to
OSR based upon a failure to make a positive finding with respect to Chapter 3
(Performance Standards) and that pursuant to Section 2.4.5(0)(5) (Rezoning
Findings) the rezoning fails to fulfill at least one of the reasons listed.
.r~m~l~f~:i1~i1i4~~t.\la..1m.mlîlll1ltl.M11:B.lifiíI9imk]¡_~i!.!¡r~1~~:!!.!.
Recommend to the City Commission approval of the rezoning from R-1-AA and R-1-
AAA-B to OSR based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5)(b) and (c) (Rezoning Findings) of the Land
Development Regulations, and policies of the Comprehensive Plan.
.,.
Attachment:
0 Location/Zoning Map
This Staff Report prepared by: Jeff Costello. Senior Planner
U:PZLAKEV.DOC
,
.
. . ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ'Jt1
SUBJECT: AGENDA ITEM it /:< D - MEETING OF OCTOBER 24. 1995
FIRST READING FOR ORDINANCE NO. 65-95 ( SMALL SCALE FLUM
AMENDMENT AND REZONING FOR THE PUBLIC LIBRARY AND
ASSOCIATED PROPERTIES)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 65-95 which changes the
Future Land Use Map (FLUM) designation for the Delray Beach Public
Library and associated properties from Community Facilities-Public
Buildings to Commercial Core, and rezones the property from CF
(Community Facilities) District to CBD (Central Business District).
The FLUM amendment and rezoning include the public library, Chamber
of Commerce offices, municipal parking lot, and a privately-owned
commercial building just south of the library.
This small scale amendment and rezoning will accommodate the
existing uses as well as provide greater flexibility with respect
to the CBD zone district development standards, in anticipation of
a proposal to expand the library.
The Planning and Zoning Board considered this matter at public
hearing on October 16, 1995, and voted 6 to 0 to recommend
approval.
Recommend approval of Ordinance No. 65-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
p~ 5-0
ref:agmemo14
.
I
ORDINANCE NO. 65-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COMMUNITY FACILITIES-PUBLIC
BUILDINGS TO COMMERCIAL CORE, AND REZONING FROM CF
(COMMUNITY FACILITIES) DISTRICT TO CBD (CENTRAL
BUSINESS DISTRICT) , FOR THE DELRAY BEACH PUBLIC
LIBRARY AND ASSOCIATED PROPERTIES, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of
Delray Beach, Florida, as being designated Community Facilities-Public
Buildings; and
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend approval of a
Small Scale FLUM amendment and rezoning, based upon positive findings;
and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the revised land use
designation, and that the Zoning District Map of the City of Delray
Beac'h, Florida, dated April, 1994, be amended to reflect the revised
zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
Lots 8, 9 and 10 (less the West 8 feet for street
right-of-way) and Lots 15, 16 and 17, all in Block
101, TOWN OF LINTON ( NOW TOWN OF DELRAY) , according
to the Plat recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida.
.
·
The subject property is located one-half block south
of East Atlantic Avenue, between S.E. 4th Avenue and
S.E. 5th Avenue (southbound Federal Highway) i
containing 1. 42 acres, more or less. The existing
land use is the Public Library municipal parking
lot, Chamber of Commerce offices, and a
privately-owned commercial building.
Section 2 . That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of Commercial Core for the
subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4 . That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, is hereby amended to reflect
a zoning classification of CBD (Central Business District) for the
subject property.
Section 5. That the Planning Director of said City shall,
upon the effective date of this ordinance amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
thirty-one (31) days after adoption unless the amendment is
challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is
issued by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section 163.3184,
F.S. No development orders, development permits or land uses
dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the
- 2 - Ord. No. 65-95
I
Administration Committee, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status,
a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 65-95
I
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SMALL SCALE AMENDMENT & REZONING
PLANNING O(PAR rU(N r
DIY or DElRAY D(ACH, fl
- - OIGIf"l fJAS£ /MI' sr.;rn.l --
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~I~~~TOR
DEPARTM N OF P NNI G AND ZONING
FROM: EY A. COSTEllO
OR PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
COMMUNITY F ACILlTIES--PUBLlC BUILDINGS TO
COMMERCIAL CORE. AND REZONING FROM CF (COMMUNITY
FACILITIES) TO CBD (CENTRAL BUSINESS DISTRICT) FOR
THE DELRA Y BEACH PUBLIC LIBRARY AND ASSOCIATED
PROPERTIES.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance changing the Future land Use Map designation
from Community Facilities--Public Buildings to Commercial Core and
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Public Library and associated properties.
The subject property is located one-half block south of East Atlantic
Avenue, between S.E. 4th Avenue and S.E. 5th Avenue (Southbound
Federal Highway).
BACKGROUND:
The proposal is to change the Future land Use Map designation for the Delray
Beach Public Library and associated properties from Community Facilities--
Public Buildings to Commercial Core and rezone the property from CF
(Community Facilities) to CBD (Central Business District). The FlUM
amendment and rezoning include the public library, Chamber of Commerce
offices, municipal parking lot, and a privately-owned commercial building, just
south of the library. The FlUM amendment and rezoning will accommodate the
existing uses as well as provide the flexibility with respect to the CBD zone
district development standards, in anticipation of a proposal to expand the
.
I
City Commission Documentation
Meeting October 24, 1995
First Reading of an Ordinance - Small-Scale Future Land Use Map Amendment and Rezoning to
CBD for the Delray Beach Public Library and Associated Properties
Page 2
library . 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 October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was one objection
raised from an adjacent property owner who was concerned that the rezoning
would ultimately lead to the establishment of new uses on the property, and a
reduction of parking spaces. The Board voted 6-0 to recommend that the
requests be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the FLUM amendment and
rezoning for the Delray Beach Public Library and associated properties, and
setting a public hearing date of November 7, 1995.
Attachments:
D P & Z Staff Report and Documentation of October 16, 1995
D Ordinance by Others
I
¡.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.E.
ITEM: Future Land Use Map Amendment from Community Facilities--
Public Buildings and Rezoning from CF (Community facilities) to
CBD (Central Business District) for the Delray Beach Public Library
and associated properties, located between S.E. 4th Avenue and
S.E. 5th Avenue (Southbound Federal Highway), one-half block
south of East Atlantic Avenue.
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GENERAL DATA:
Owners...................................................... City of Defray Beach, and Charles H. Kempster and Ruth Doman Tr.
ApplicantlAgent...:.................................... David T. Harden, City Manager
City of Delray Beach
location... ...... ................ ........................... Between S.E. 4th Avenue and S.E. 5th Avenue (Southbound Federal
Highway), one-half block south of East Atlantic Avenue.
Property Size...... ...................................... 1.42 Acres
Existing Future land Use Map.............:i.. Community Facilities- Public Buildings
Proposed Future Land Use Map............... Commercial Core
Current Zoning.......................................... CF (Community Facilities)
Proposed Zoning....................................... CBD (Central Business District)
Adjacent Zoning......7......................North: CBD
East: CBD
South: CBD
West: CBD
Existing Land Use.................................... Public library, municipal parking lot, Chamber of Commerce offices,
and a privately-owned commercial building.
Proposed Land Use................................. Same as existing
Water Service........................ .......... ...... Existing on site
Sewer Service... ............ ..................... Existing on site
VE
I
J·):::·::·::·'):))·,...·:::::...i:",::::·:::'..;·:::;":.::·:::;ï·.:;J"::t;:M·.:l~iË:ffi:·:~'·B:§::::':'::'i'1jm::§::::::::::ª::~..~:::g:::!?::'::::)i:,;::·::::::.'·:··..:::·,..,'!·:.t:.:'1::':.d,,:·::::,::1
The item before the Board is that of making a recommendation on
a City initiated Small Scale Future Land Use Map Amendment from
Community Facilities--Public Building to Commercial Core and a
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Library and associated properties. Ii
The subject property is located between S.E. 4th Avenue and S.E.
5th Avenue (Southbound Federal Highway), one-half block south of
East Atlantic Avenue.
The proposal incorporates Lots 8 - 10, and 15 - 17, Block 101, Town of Delray,
and consists of 1.42 acres. The existing public library (Lots 8 and 9 and the
north part of 10) was constructed in 1949 with additions constructed in 1961,
1968 and 1985, and exterior improvements made in 1992. The existing
commercial structure (portion of Lot 10) was constructed in 1948 with an addition
constructed in 1978. The Chamber of Commerce office building (Lot 17) was
constructed in 1968 with an addition in 1969. The existing municipal parking lot
(Lots 15 and 16) was constructed in 1970.
Prior to 1990, the public library and the adjacent parking area were zoned CBD
(Central Business District). When the new Comprehensive Plan and City-wide
rezonings were adopted in 1989 and 1990, the Community Facilities land use
and zoning designations were affixed to the properties. The properties contain
the library, the Chamber of Commerce building, and the associated parking lot.
all of which are owned by the City. The rezoning also included a privately-
owned structure located immediately south of the library.
The CF zoning regulations call for a 10' perimeter buffer around buildings. The
library has an existing setback of close to 0' on the south end, and 7.5' on the
west side. An expansiq,n is planned that would take the second floor to within a
few feet of the east property line as well. Under the CBD regulations, 0' front,
side and rear setbacks are permissible for properties located within the first block
north and south of Atlantic Avenue. The CBD zoning also provides more flexible
parking" requirements than the CF district. In light of the less restrictive
requirements a FLUM amendment to Commercial Core and rezoning to CBD
have been requested.
.
,.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 2
1:::::!¡ill¡:¡::f¡::::~1::::::1::¡::::¡:::::::¡::::::::::::¡::¡::¡::::::::::::::::::::::::::ill::¡:::¡:::::::¡:::::m¡¡I~I¡¡¡ª1:!§¡¡¡§¡::¡¡¡¡:::::::::Î:U1.:::l§::¡I:!:â¡¡:J¡::g:!m::I¡:l.I¡¡1S:::!:::~:¡:::::::¡:::::~¡::¡¡:¡:¡:~:!¡¡:!¡¡¡ill::!¡:¡:::¡:¡::!:::::¡::::::¡:::¡¡¡¡:¡¡:::::::::::¡;::::I
The proposal is to change the Future Land Use Map designation for the Oelray
Beach Public Library and associated properties from Community Facilities-
Public Buildings to Commercial Core and rezone the property f¡om CF
(Community Facilities) to CBO (Central Business District). Thé'· FLUM
amendment and rezoning include the public library, Chamber of Commerce
offices, municipal parking lot, and a privately-owned commercial building, just
south of the library. The FLUM amendment and rezoning will accommodate the
existing uses as well as provide the flexibility with respect to the CBO zone
district development standards, in anticipation of a proposal to expand the
library.
.j1¡¡~.!BlfJ.¡~tlill¡lî_flt.lt'¡'lfl1lf.lljlt_!.IE~~1:.._.illf¡:¡:
This Future Land Use Map Amendment is being processed as a Small Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
0 The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
0 The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
0 The proposed amendment does not involve the same property owner's
property within a 200 feet of property granted a change within a period of
12 months.
The land use map amendment involves a 1.42 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. The amendment to
Commercial Core is being processed concurrently with a rezoning request to
CBO (Central Business District) to facilitate the expansion of the public library.
This amendment along with other small scale amendments processed this year
will not exceed 60 acres. This property has not previously been considered for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
.
I
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 3
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were found.
land Use Analysis: .,
<¡.
Pursuant to land Development Regulations Section 3.1.1 (A) (Future land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future land Use
Map.
In conjunction with the Future Land Use Map amendment to Commercial Core, a
rezoning to CBD (Central· Business District) is being sought. The FLUM
amendment and rezoning to CBD are being processed concurrently to facilitate
the expansion of the public library.
The proposed Commercial Core land use designation will allow the following
zoning classifications: CBD (Central Business District), RT (Resort Tourism), RO
(Residential Office), OSR (Open Space and Recreation), OS (Open Space), and
CF (Community Facilities). The existing uses (Public Library, Chamber of
Commerce offices, municipal parking lot, and privately-owned commercial
building) are permitted in the CBDzone district, thus, none of the uses will
become nonconforming.
land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Commercial Core land use designation is applied to the Community's Downtown
area which includes the "Village Center" development scenario. The
Commercial Core accommodates a variety of uses including commercial and
offices development a.s well as residential on upper floors of commercial
structures. The surro·unding properties have a Commercial Core land use
designation, are zoned CBD, and contain commercial uses. Compatibility with
the adjacent commercial developments is not a concern as the uses in question
and the.. surrounding commercial uses have co-existed for many years. The
proposed land use map amendment to Commercial Core is consistent with the
proposed CBD zone district, and is of similar intensity as the existing Community
Facilities--Public Buildings land use designation.
,
I
0'
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 4
I~:¡::::::~¡:¡¡:::::~:ii:¡:¡¡!i:i¡::~:¡¡¡~i:¡i:¡:~:iiiiiii:::!:!::::::::¡¡:::¡::¡:::!:i:i:¡:::¡::::::::¡i::¡::::¡¡¡¡:¡:¡::::¡i¡:::::ª:¡:I:i:m!:!:!:i:ifj:::~¡::¡i¡¡i:lt11~1::¡§:im:::§¡¡¡t:¡~§::¡::i¡::¡:ii¡~:::::¡::¡:::::::::::::::¡:i:::i!::i::::¡¡¡¡::~:ii¡:~:~¡~¡::¡:i::::¡¡¡i¡ii,::::¡::::¡:¡:i::i:ii¡::::::i::i::::,¡ii¡ii:i:i¡¡:¡:,
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
land Development Regulations.
FUTURE lAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The subject property has a Community Facilities-Public Buildings Future Land
Use Map designation and is currently zoned CF (Community Facilities). The
proposed Commercial Core land use designation and CBD (Central Business
District) zoning designation are consistent with each other. Pursuant to the LDR
Section 4.4.13(B), within the CBD zone district, the existing uses (public library,
Chamber of Commerce offices, municipal parking lot, and privately-owned
commercial building) are allowed as permitted uses. Based upon the above, a
positive finding can be made with respect to consistency with the land use map
designation.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
In the preparation of1he Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered in
the overall land use pattern, assessment of level of service, the provision of
services, and meeting remaining land use needs. Technically, the establishment
of the CBD zone district would open this parcel to commercial development
which could be more intense than uses allowed under the CF zoning. However,
this petition is related to maintaining existing uses while providing flexibility for
future expansion. Concurrency findings with respect to future improvements will
be made at the time of development review.
I
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 5
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. .,
ç.
Comprehensive Plan Policies
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies were found.
Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not
applicable. The applicable performance standard of Section 3.3.2 is as
follows:
(D) That the rezoning 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 surrounding properties are commercial in character and are zoned
CBD. Compatibility with the surrounding properties is not a concern as
the existing library and associated uses are commercial in character and
have co-existed with the surrounding uses for many years.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons includ~ the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
.
¡
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 6
The reason for which the rezoning is being sought is based upon Items "a" and
"c". With respect to the commercial property i~mediately south of the library, the
CF zoning designation was erroneously applied and therefore should be rezoned
to CaD.
e;¡
e;¡.
With respect to the balance of the property, the existing uses are commercial in
character and are permitted in the CaD zone district. The CeD zone district
provides more flexible setback and parking requirements than the CF zone
district. The CF zoning regulations call for a 10' perimeter buffer around
buildings. The library has an existing setback of close to 0' on the south end,
and 7.5' on the west side. An expansion is planned that would take the second
floor to within a few feet of the east property line as well. Under the caD
regulations, 0' front, side and rear setbacks are permissible for properties
located within the first block north and south of East Atlantic Avenue. The CaD
zone district 'is more appropriate as the existing uses are permitted in the CaD
zone district and the properties are located within the area one block north and
south of East Atlantic Avenue.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The rezoning includes the public library, Chamber of Commerce offices,
municipal parking lot and a privately-owned commercial building. Under the
current CF zoning, the existing structures violate the required 10' building
setback requirement and are therefore nonconforming. The CF setback and
parking requirements affect the ability to expand the existing library structure.
The CaD zone district permits the existing uses and provides a more flexible
parking requirement as well as 0' building setback requirement, within the first
block north and south of Atlantic Avenue. Any future development will be
required to comply with the applicable land Development Regulations.
Downtown Development Authority
At its meeting of September 20, 1995, the DDA reviewed the proposal for
rezoning and FlUM amendment. A recommendation is not provided as the
members were split with respect to the proposal. Those who voted against the
FlUM amendment and rezoning felt that since the facilities were "public" they
should remain zoned CF.
.
I
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Defray Beach Public Library and associated properties
Page 7
Community Redevelopment Agency
At its meeting of September 28, 1995, the CRA reviewed the proposed FlUM
amendment and rezoning and had no objections.
Public Notice: rt¡..
Formal public notice has been provided to property owners within a 500' radius
of the subject property. letters of objection and support, if any, will be presented
at the Planning and Zoning Board meeting.
The Future land Use Map Amendment from Community Facilities-Public
Building to Commercial Core is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the land Development Regulations. The
proposed land use plan amendment is consistent with the current use of the
property as well as the proposed CBD zoning designation. The rezoning will
enable positive findings to be made with Chapter 3 of the land Development
Regulations, policies of the Comprehensive Plan, and lOR Sections
2.4.5(D)(5)(a) and (c) (Rezoning Findings). The privately-owned property was
erroneously zoned CF. The CF regulations are not as flexible as the CBD
regulations. The CBD zone district is more appropriate as the existing uses are
permitted in the district and the properties are located within the area one block
north and south of East Atlantic Avenue, which provides more flexible
regulations.
~~1¡¡~~¡:::j:¡::::¡:::j:i¡:j~1~1~:i¡:~ti¡~~:¡~:j¡f¡¡jiiii¡j¡1:i~~I:j¡lt!~ml§UI:rmll¡j¡lfl¡:¡I¡iII¡::!~ll~~lúllílllj:~:I~;¥.<~JJa~1i¡lm~ji¡~1:
A. Continue with direction.
B. Recommend approval of the Future land Use Map Amendment from
Community Fa~ilities-Public Buildings to Commercial Core, and the
rezoning request from CF to CBD based upon positive findings with
respect to Chapter 3 (Performance Standards) of the land Development
Regulations, policies of the Comprehensive Plan, and lOR Sections
2.4.5(D)(5)(a) and (c).
C. Recommend denial of the Future land Use Map Amendment from
Community Facilities-Public Buildings to Commercial Core and the
rezoning request from CF to CBO with the basis stated.
.
I
" .
.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 8
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Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment for Community Facilities - Public Buildings to Commercial
Core and the rezoning from CF to ceo based upon positive findings with respect
to Chapter 3 (Performance Standards) of the Land Development Regùlations,
policies of the Comprehensive Plan, and LOR Sections 2.4.5(0)(5)(a) and (c).
Attachment:
0 Location Map
This Staff Report prepared by: Jeff Costello. Senior Planner
,.
,
I
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i /~ ~. - MEETING OF OCTOBER 24. 1995
FIRST READING FOR ORDINANCE NO. 66-95 (REZONING FOR THE
LEVENGER FACILITY)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 66-95 which rezones a 14.62
acre portion of Congress Park South from LI (Light Industrial)
District and PCC (Planned Commerce Center) District to MIC (Mixed
Industrial and Commercial) District. The purpose of this rezoning
is to accommodate an expansion of the Levenger facility.
The Planning and Zoning Board considered this item at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that the
rezoning be approved.
Recommend approval of Ordinance No. 66-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
I~ 5-0
ref:agmemo15
,
.
ORDINANCE NO. 66-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PORTION OF REPLAT
OF CONGRESS PARK SOUTH, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM LI (LIGHT INDUSTRIAL) DISTRICT
AND PCC (PLANNED COMMERCE CENTER) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF ATLANTIC AVENUE ON
THE WEST SIDE OF CONGRESS AVENUE; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
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,
1994, as being zoned LI (Light Industrial) District and PCC (Planned
Commerce Center) District; and
WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of MIC (Mixed Industrial
and Commercial) District for the following described property:
Tracts B, C, D, L-1, L-3 and a portion of Tract R,
Replat of Congress Park South, according to the Plat
thereof as recorded in Plat Book 71, Pages 190 and
191 of the Public Records of Palm Beach County,
Florida, being more particularly described as
follows:
Beginning at the Southwest corner of said Tract B;
thence North 00 degrees 09'26" East, along the West
boundary of said Tract C, 634.39 feet; thence North
00 degrees 42'04" West, along said West boundary of
Tract C, 454.63 feet to the Northwest corner of said
Tract C; thence East, along the North boundary of
.
I
said Tract C, 75.56 feet; thence South 45 degrees
00'0011 East, 28.28 feet; thence East, 735.97 feet to
the Northeast corner of said Tract L-3 (the preceding
three courses described being coincident with said
North boundary of Tract C) ; thence South, along the
East boundary of said Tract L-3, 94.35 feet to a
point of curvature; thence Southeasterly, along said
East boundary and along the arc of a tangent curve
being concave easterly, having a radius of 1101.74
feet, a delta of 17 degrees 52'5011, an arc distance
of 343.82 feet; thence South 25 degrees 24'0811 West,
along the boundary of said Tract L-3, a distance of
34.28 feet; thence South 68 degrees 41' 0611 West,
along said boundary, 26.75 feet; thence South 54
degrees 05'3211 West, 77.85 feet to the Southeast
corner of said Tract L-1 ; thence West, along the
South boundary of said Tract L-1, a distance of 52.78
feet to the Southwest corner of said Tract L-1 ;
thence North, along the West boundary of said Tract
L-1 and its northerly prolongation, 97.00 feet;
thence West, along the South boundary of said Tract D
and its Westerly prolongation, 343.73 feet to a point
on the east boundary of said Tract C; thence South,
along said East boundary of said Tract C, 66.00 feet;
thence South 20 degrees 59'3111 East, along said East
boundary 69.71 feet; thence South, along said East
boundary and along the East boundary of said Tract B,
498.25 feet to the Southeast corner of said Tract B;
thence South 53 degrees 40'3611 West along the South
boundary of said Tract B, 234.88 feet; thence North
00 degrees 39'2811 West, along the boundary of said
Tract B, 123.90 feet; thence South 89 degrees 20'3211
West, along the South boundary of said Tract B,
210.09 feet to the Point of Beginning.
The subject property is located south of Atlantic
Avenue on the west side of Congress Avenue (Levenger
facility) ; containing 14.62 acres, more or less.
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.
- 2 - Ord. No. 66-95
I
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 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.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 66-95
.
I
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- - DIGITAL lJI1St: MAP SYSTrM --
.
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P1
CITY COMMISSION DOCUMENTATION
TO: Dm:~MANAGER
THRU: DI NE DO , DI~~
DEPARTMENT OF PLANNIN ND ZONING
FROM: ~S.~NER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM LI (LIGHT INDUSTRIAL) AND PCC (PLANNED
COMMERCE CENTER) TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL) FOR TRACTS B, C, AND D OF CONGRESS PARK
SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for
Tracts B, C, and D of Congress Park South.
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue, and contains approximately 14.62 acres.
BACKGROUND:
The rezoning of a portion of Congress Park South is being sought for an expansion to
the Levenger's facility. The expansion includes increasing the size of the existing
facility by 99,000 square feet to accommodate additional warehouse space on Tract B,
and a free standing 58,000 square foot pavilion on Tract D. The pavilion will contain
multiple uses including exhibits of literary works, museum type displays, designated
areas for book signing sessions and story telling rooms. In addition the pavilion would
sell Levenger's merchandise as offered in the catalog. Additional background and
analysis of the request can be found in the attached Planning and Zoning Board Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1995, the Planning and Zoning Board held a public
hearing for the rezoning request. There was no public testimony in opposition to the
request. The Board voted 6-0 to recommend that the request be approved.
.
I
City Commission Documentation
Rezoning from LI and PCC to MIC for Levenger's
Page 2
RECOMMENDED ACTION:
0 By motion, approve on first reading the ordinance rezoning Tracts B, C
and D of Congress Park South from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and Commercial)
for Levenger's, and setting a public hearing date of November 7, 1995.
Attachments:
. P&Z Staff Report and Documentation of October 16, 1995
. Ordinance by Others
.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---5T AFF REPORT ---
MEETING DATE: October 18, 1995
AGENDA ITEM: V.O.
ITEM: Rezonings from LI (Light Industrial) and PCC (Planned Commerce
Center) to MIC (Mixed Industrial and Commercial) for three parcels in
Congress Park South, located on the west side of Congress Avenue,
south of Atlantic Avenue.
GENERAL DATA:
Owner............................. Delmar Properties (Tract "0")
The leveen Family Partnership
(Tracts "B" and "C")
Applicant......................... levenger Company
Agent..... .... ..................... Orlando Sharpe
Sharpe Project Developments, Inc. OIl. ANOMS WAT
location.......................... On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size.................. 14.62 acres
Future land Use Map..... Commerce
Current Zoning................ PCC (Planned Commerce Center)
and LI (Light Industrial) SOUTH coo
Proposed Zoning............ MIC (Mixed Industrial and ADNINlSTRA
COAfPI.C
Commercial)
Adjacent Zoning....North: POC (Planned Office Center)
East: PCC and MIC
South: PCC and OSR (Open Space and
Recreation)
West: OSR
Existing land Use........... Existing 111,681 square foot
warehouse and office structure
with associated parking,
landscaping, and vacant land. I
Proposed land Use........ Rezoning of the subject property to I
~. MIC to accommodate a 99,000 en
square foot expansion of the CCtF en
... ...
warehouse and addition of a I ~
...
58,000 square foot retail and office C>
z
structure, additional parking, and 0
;i COURSE: u
landscaping modifications. z
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Water Service.................. Existing on site. 1
Sewer Service................ Existing on site.
i
I -
\/ n
,
The action before the Board is making a recommendation on a rezoning request
from PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed
Industrial and Commercial) for approximately 14.62 acres of Congress Park
South (Tracts B, C, and D).
"'
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
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On May 24, 1983, the City Commission approved a land use change and
rezoning from PRD-4 to PCC along with a Conditional Use and Site Plan for
Congress Park South. The development proposal included four office research
and light industrial buildings with a total of 230,190 square feet. In 1986, one of
the buildings was constructed on Tract A along with the internal roadways and
underground infrastructure throughout the park. As these improvements
constituted more than 25% of the total project the project was considered vested.
On February 5, 1993, the Planning and Zoning Department received a request
to change the zoning from PCC to MIC for 12.4 acres (approximately the western
half) of Congress Park South to accommodate a distribution and warehouse
development for Levenger's. When the request was discussed at a Planning
and Zoning Board workshop, the Board suggested that a change to the newly
created LI district might be more appropriate.
At its meeting of April -13, 1993, the City Commission approved the change in
zoning from PCC to LI for Levenger's. In 1994, the Levenger's distribution
facility was completed and opened for operations.
In May.. of this year, the applicant's agents discussed with the Planning
Department a proposal to expand the Levenger's facility. The expansion
includes increasing the size of the existing facility by 99,000 square feet to
accommodate additional warehouse space on Tract B, and a free standing
58,000 square foot pavilion on Tract D. The pavilion will contain multiple uses
including exhibits of literary works, museum type displays, designated areas for
book signing sessions and story telling rooms. In addition the pavilion would sell
Levenger's merchandise as offered in the catalog.
.
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 2
Several different zoning categories were discussed to accommodate the
proposed unified development. At first it appeared that the most appropriate
zoning of the property would be PCC as originally zoned. However. limitations
contained in the PCC zoning district restrict the percentages of uses to the
extent that the project would not be feasible.
The Planning and Zoning Board recently recommended approval óf a text
amendment to the MIC zone district to allow the wholesale. retail. storage and
distribution of home furnishings as a permitted use (September 18. 1995). This
change was related to another use (ABC Carpet). Through the review of the
Levenger's project it was noted that the development proposal could be better
accommodated under the MIC zoning following the approval of the above
mentioned text amendment.
The applicant now wishes to rezone Tracts B. C. and 0 of Congress Park South
to MIC in order to accommodate an expansion which is the action requested of
the Board.
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The development proposal is to rezone a portion of Congress Park South (Tracts
B. C. and D) from PCC (Planned Commerce Center) and LI (Light Industrial) to
MIC (Mixed Industrial and Commercial). The rezoning will accommodate an
expansion to the Levenger's facility.
The applicant submitted a sketch plan that indicates a two phased expansion.
Currently. the existing Levenger's facility is located on Tract C. The first phase
involves the expansion of the existing facility to the south on Tract B to construct
an additional 99,000 square foot warehouse. The second phase involves the
construction of a free standing 58.000 square foot building on Tract D for a
multiple use building including retail/display area. offices. and warehouse.
[ . ..... ... ..... .... I
. ... .::. . .. . ....!:...;:::: .::...·;;·.:·:·:¡~@frl"IÇ;.·:INÎI.;¥SjS:>··>·y:::::¡...¡.¡::i·:j:¡:;:·!!l..::.·¡
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
.
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 3
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 ~ust be consistent with the land use
designation. ...
The current Future Land Use designation for the subject property is
Commerce. The requested zoning change is from PCC and LI to MIC.
The proposed zoning designation of MIC is consistent with the Commerce
Future Land Use designation.
Concürrencv: 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.
Streets and Traffic:
With all rezoning requests, traffic information is required which addresses the
development of the property under reasonable intensity pursuant to the existing
and proposed rezoning. The existing and proposed zonings are of similar
intensity, therefore a potential increase in traffic is not anticipated to result from
the rezoning action itself.
Additional traffic information will be required with the site plan, which analyzes
peak hour demands, and turning movements. Based on that information, a
southbound right turn lane at the project entry may be required.
Water/Sewer:
The proposed development will accommodate uses of similar intensity to
currently approved uses and is anticipated to have similar water consumption
and sewer generation rates. While the ultimate square footage of the buildings
exceeds what was previously approved on this site, no water or sewer
concurrency concerns are noted.
With the construction of Tract A, a master water and sewer system was installed
for Congress Park South. With the development of Tracts Band D a portion of
that system will need to be retrofitted to accommodate the new proposal.
Parks and Recreation:
Park dedication requirements apply to residential uses and therefore do not
apply to the existing PCC and LI zoning districts or the proposed MIC zoning
district.
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 4
Solid Waste:
The zoning change is to a category of similar intensity and therefore is
anticipated to create similar solid waste generation. It is noted that the
accompanying sketch plan will exceed the previously approved square footage
for these tracts. Solid Waste Authority indicates in its annual report that the
established level of service standards for solid waste will be mel for all
developments which have been accounted for in their Comprehensive Plan. As
this proposal is currently reflected in the adopted" plan, concurrency will be met
for the proposed development of this parcel.
Consistency: Compliance with the peñormance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5{D){5) (Rezoning Findings) shall be the basis upon'
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
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Section 3.3.2 (Standards for RezoninQ Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts
from the new use.
The property is bordered to the north by POC (Planned Office Center - Congress
Park North), to the east by the MIC (Mixed Industrial and Commercial), to the
south by PCC (Tract A of Congress Park South, and the maintenance facility for
the municipal golf course) and OSR (Open Space and Recreation - municipal
golf course), and the west by OSR (municipal golf course).
There are no compatibility concerns noted with the municipal golf course located
to the west and south of the subject property or the existing Levenger's facility
located "on Tract C. With the development of Tract D, compatibility with
Congress Park North should be enhanced with a landscape buffer that is to be
provided with the development of Tract D. With the rezoning, Tract A will
become non-conforming with respect to certain aspects of the PCC regulations.
It would be appropriate with the Levenger's rezoning to initiate rezoning Tract A
to MIC (see discussion under Other Issues on Page 7 of this report). If Tract A is
not rezoned, Congress Park South will still function as a unified development,
and no compatibility concerns are noted.
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 5
Section 2.4.5(D)(5) (RezoninQ Findinqs):
Pursuant to Section 2.4.5{D){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: 0;
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 andlor neighborhood.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is ub". The
justification statement is provided below:
The CUffent zoning is inappropriate because the LI district list the amount
of display and sales area of items processed on the premises to 2,500
square feet. Today because of a large significant public demand for
Levenger's products, there is a need to expand the warehouse distribution
facility and to go beyond the traditional mail order product delivery
approach.
The Levenger's Pavilion (Tract D) will be the home of an exciting new
concept, a place to exhibit literary works from famous writers, scientists,
scholars, etc. The exhibits will be in the form of museum type displays,
book signing sessions, and story telling areas. The exhibits will be
centered in a multiple-story court with sUffounding retail areas displaying
Levenger's merchandise typically found in the catalogs.
All the "uses being contemplated within the Levenger's expansion can be
accommodated within the MIC zone district with the recent change in language
allowing the sales of home furnishings as a permitted use. In addition, the MIC
zone district does not limit the uses based on square footage of the buildings or
land area, but will accommodate uses similar to those allowed under the current
PCC.
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 6
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Conservation Policy 8:2.5: Whenever new development or redevelopment
is proposed along a waterway, a canal, or an environmentally sensitive
area identified via Policy 8-2.1, an area equivalent to at least 1 O~o of the
total area of the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to TCRPC Policy
10.2.2.2
As this development abuts the LWDD canal the above policy applies, however
the entire site, with the exception of a few areas along the canal, is in a
disturbed state. The sketch plan indicates that they will preserve to the greatest
extent the Baynan trees along the canal bank.
Conservation Policy A-1.1: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be continued. In
addition, within zone 3 around the series 20 and eastern wellfields.
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, Tract B is located within Zone
#3. The County Wellfield Protection Ordinance, administered by the Department
of Environmental Protection (DEP), determines whether or not monitoring wells
are required for any property. An Affidavit of Notification is required to be
transmitted to DEP which identifies the materials that are stored on the site or
utilized in the processing aspect of the facility. The applicant will need to notify
DEP of this proposal. Installation of a monitoring well or written confirmation
from DEP that a well is not required will be attached as a condition of site plan
approval for this project. This policy also addressed LDR Section 3.3.4(A),
which requires assurance that provisions of the County Wellfield Protection
Ordinance shall be complied with.
Other Issues:
As mentioned earlier in this report, it is appropriate to initiate a rezoning from
PCC to MIC for Tract A, as the original PCC zoning is no longer applicable. The
remaining tract will be non-conforming with respect to required land area (10
acre minimum), perimeter landscape buffers, and the Light Industry component
will encompass more than 50% of the total land area within the remaining portion
of the PCC. Based on the latest available occupational license information, all
the uses in Tract A will be conforming under the MIC zoning.
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 7
In addition, Tract E (the golf course maintenance facility) is zoned PCC. Golf
courses and their accessory uses are not a permitted use in the PCC zone
district. Therefore, it is also appropriate to initiate a rezoning of the maintenance
facility from PCC to OSR (Open Space and Recreation), thereby making it
conforming.
Compliance with Land Development Reaulations: 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 Sketch Plan. While the submitted sketch plan is
not being formally considered at this time, the following comments are provided.
· The pavilion exceeds the height limitations in the MIC zone district.
· The allowable height of the light fixtures is 25', and 30' is proposed.
· Abandonment and replacement of the 59' Cross Access Easement located at
the southwest corner of Tract C, as necessary.
· Abandonment and replacement of modified utility easements as necessary.
· Provision of a Cross Access agreements between Tract A and 8, and Tracts
A and D.
· Verification from owners of Tracts A, L-2 and R that the modifications to
those tracts are acceptable.
· Modifications to Tract R may either require a replat of the subject property, a
dedication by separate instrument, or changes to the site plan.
· Provision of existing and proposed topographic elevations.
· Provision of a Unity of Title for Tracts 8, C, and D.
· On-site circulation information regarding the routing of trucks and vehicles to
insure the least amount of impact on the adjacent subdivision (Golf View
Condominium).
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 8
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
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Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
Courtesy notices have been sent to:
· PROD
· United Property Owners
· Golf View Condominiums
Letters of objection, if any, will be presented at the P & Z Board meeting.
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The proposed rezoning of a portion of Congress Park South (Tracts 8, C and D)
from LI and PCC to MIC is requested to accommodate the future expansion of
the Levenger's Facility. Staff analyzed the appropriateness of the proposed
zoning against other possible zoning districts, and found that the MIC zone
district would accommodate a greater range of uses proposed by Levenger's.
The rezoning request is being accompanied by a development proposal to
accommodate a 99,000 square foot warehouse, and 58,000 square foot pavilion.
The pavilion' and contemplated uses cannot be accommodated under the current
PCC zone district. Staff recommends that the Board also initiate a rezoning of
the remaining PCC parcels, Tract A from PCC to MIC, and Tract E from PCC to
OSR; thereby, eliminating a non-conforming PCC and a use not allowed under
the PCC zone district.
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A. Continue with direction.
B. Recommend rezoning of Tracts B, C, and D of Congress Park
South from pce and LI to MIC. based on positive findings with
t
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 9
respect to Section 2.4.5(0)(1) (rezoning findings), Section 3.1.1,
and the performance standards of Section 3.3.2, and recommend a
City initiated rezoning of Tract E (the municipal golf course parcel)
from PCC to OSR, and Tract A of Congress Park South from PCC
toMIC.
C. Recommend denial of a rezoning Congress Park South, D3sed on
a failure to make positive findings.
By separate motions:
A. Recommend approval of the rezoning request for Congress Park South
Tracts B, C, and 0 from PCC (Planned Commerce Center) and LI (Light
Industrial) to MIC (Mixed Industrial and Commercial), based upon positive
findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2
(Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
B. Initiated rezoning of Tract A of Congress Park South from PCC (Planned
Commerce Center) to MIC (Mixed Industrial and Commercial).
C. Initiated rezoning of Tract E of Congress Park South from PCC (Planned
Commerce Center) to OSR (Open Space and Recreation).
Attachments:
0 Location Map
a Sketch Plan
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