12-05-95 Regular
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DELRAY BEACH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~AIIAme' C'
. rIca Ity
DECEMBER 5, 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. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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Regular Commission Meeting
December 5, 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
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
s. Approval of Minutes:
Regular Meeting of November 21, 1995
6. Proclamations: None
7. Presentations:
A. Award Presentation in honor of National Single Parent Day -
Judy Romanoff
8. Consent Agenda: City Manager recommends approval.
A. TEMPORARY USE PERMIT/NOMADS: Approve a request from the South
County Community Food Pantry on behalf of the NOMADS to allow
approximately 8 recreational vehicles to park on the Catherine
Strong property from approximately February 16, 1996, through
March 7, 1996.
B. AGREEMENT WITH SCHOOL BOARD/SCHOOL RESOURCE POLICE OFFICER AT
DELRAY FULL SERVICE CENTER: Approve an agreement with the
School Board of Palm Beach County for the assignment of a
Delray Beach Police Officer to the Delray Full Service Center
as a school resource officer.
C. POLICE SUBSTATION LEASE: Approve the lease of property at 26
S.W. 9th Avenue for use as a Police substation. The initial
term is for 6 months at the rate of $1.00 per month rent.
D. CHANGE ORDER NO. 1 AND FINAL PAYMENT/COLONNA ASPHALT RESTORA-
TION, INC. : Approve final deduct Change Order No. 1 in the
amount of $6,432.20, and Final Payment in the amount of
$4,457.05 to Colonna Asphalt Restoration, Inc. for the Scrap
and Impound Lot, Spady Bus Access, and N.W. 15th Avenue
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Regular Commission Meeting
December 5, 1995
Extension projects, with funding from 334-3162-541-63.10 and
441-5161-536-63.71.
E. FINAL PLAT APPROVAL/THE BOY'S FARMERS MARKET: Approve the
final boundary plat for The Boy's Farmers Market located at
14378 Military Trail.
F. FINAL PLAT APPROVAL/OCEAN ISLES AT DEL-RATON: Approve the
final subdivision plat for Ocean Isles At Del-Raton located at
the southeast corner of LaMat Avenue and Frederick Boulevard.
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning Board
during the period November 20, 1995 to December 1, 1995.
9. Regular Agenda:
A. CONDITIONAL USE REOUEST/ALZHEIMER HEALTH CARE SYSTEMS:
Consider a request for conditional use approval to establish an
Adult Congregate Living Facility (ACLF) with associated adult
day care facility and office facility for Alzheimer Health Care
Systems. The subj ect property is located at the northwest
corner of Lake Ida Road and Congress Avenue. It is zoned CF
(Community Facilities) District and contains 6.58 acres.
QUASI-JUDICIAL HEARING.
B. CONDITIONAL USE REOUEST/OCEAN CITY LUMBER COMPLEX: Consider a
request for conditional use approval to allow the establishment
of a place of assembly for commercial entertainment purposes
(amphitheater) at the Ocean City Lumber Complex site within the
CBD (Central Business District). The subj ect property is
located on the east side of N.E. 2nd Avenue, between Atlantic
Avenue and N. E. 1st Street, and contains 2.5 acres. QUASI-
JUDICIAL HEARING.
C. YEAR END BONUS/BJCE, INC.: Consider approval of a fixed sum
bonus payment to BJCE, Inc. for management of the Municipal
Golf Course for the fiscal year ending 9/30/95, per the terms
of the Management Agreement; with funding from #445-4711-572-
34.90.
D. CANCELLATION OF CONTRACT WITH TEMPLE SINAI: Consider
cancelling the Contract for Sale and Purchase between the City
and Temple Sinai for the acquisition of Temple property to
provide right-of-way on the west side of Davis Road.
E. RESOLUTION NO. 88 - 95: Consider a resolution supporting the
appointment of an additional voting member representing
unincorporated Palm Beach County to the Metropolitan Planning
Organization.
F. CHANGE ORDER NO. 2/0'CONNOR & TAYLOR. INC.: Consider Change
Order No. 2 to 0' Connor & Taylor, Inc. as part of final
reconciliation for the Municipal Golf Course proj ect, in the
amount of $15,510 from 445-4763-572-62.10.
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Regular Commission Meeting
December 5, 1995
G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a regular
member to the Board of Adjustment to fill an unexpired term
ending August 31, 1997. Appointment by Commissioner Smith.
H. CONTRACT ADDITION (C.O. #1) /RAY OUALMANN MARINE CONSTRUCTION.
INC. : Consider a Contract Addition (C.O. #1) and 45 day
extension to Ray Qualmann Marine Construction, Inc. in the
amount of $19,650 for seawall and retaining wall rehabilitation
at N.E. 2nd Street at the Intracoastal Waterway, with $7,500
from 448-5411-538-62.23, and $12,150 from 334-3162-543-61.93.
I. BID AWARD/IN HOUSE JANITORIAL SERVICES CONTRACT: Consider
award of multiple bids to two vendors (Crystal Building Mainte-
nance and Superior Service) to provide cleaning services for
six buildings at a total cost of $77,844; rejection of the bids
for the Water Treatment Plant, and authorization to obtain new
quotes. Funding for the six buildings is available from
:r. various departmental accounts.
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10. Public Hearings:
A. ORDINANCE NO. 69-95: An ordinance adopting Comprehensive Plan
Amendment 95-2, including two amendments to the Future Land Use
Map (FLUM) as indicated below.
1. FLUM Amendment from County HR-8 (High Density Residential
- 8 units per acre) and CH/8 (Commercial High Intensity
with a residential equivalent of 8 units per acre) to City
Medium Density Residential 5-12 units per acre and
Transitional for a 14.47 acre parcel of land known as the
Spence Property, located on the west side of Military
Trail, north of and adjacent to the L-33 canal, and
approximately 1,400 feet north of Atlantic Avenue.
(QUASI-JUDICIAL)
2. FLUM Amendments from Redevelopment Area #1 to Low Density
Residential, General Commercial, Medium Density
Residential, Community Facilities, or Open Space, as
appropriate, to implement the provisions of the West
Atlantic Avenue Redevelopment Plan for an approximate 110
acre area located on the north and south sides of Atlantic
Avenue, between Swinton Avenue and 1-95.
B. ORDINANCE NO. 68-95: An ordinance annexing a 14.47 acre parcel
of land known as the Spence Property and establishing initial
zoning of RM (Medium Density Residential) District for 12.47
acres, and NC (Neighborhood Commercial) District for two acres.
The subject property is located on the west side of Military
Trail, north of and adjacent to the L-33 Canal, and approxi-
mately 1,400 feet north of Atlantic Avenue. LEGISLATIVE AS TO
ANNEXATION; QUASI-JUDICIAL AS TO ZONING.
C. ORDINANCE NO. 76-95: An ordinance annexing to the City a 27.76
acre parcel of land known as the Hardrives property. The
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Regular Commission Meeting
December 5, 1995
subject property is located on the east and west sides of
Congress Avenue, approximately 1000' south of Linton Boulevard.
(1) Proposed Annexation Agreement.
D. ORDINANCE NO. 77-95: An ordinance providing for a Small Scale
Future Land Use Map Amendment from County Industrial to City
Transitional, and establishing initial zoning of POC (Planned
Office Center) District for a 6.72 acre portion of the
Hardrives property located on the west side of Congress Avenue,
approximately 1,600 feet south of Germantown Road.
(QUASI-JUDICIAL)
E. ORDINANCE NO. 78-95: An ordinance providing for a Small Scale
Future Land Use Map Amendment from County Industrial to City
Industrial, and establishing initial zoning of I (Industrial)
District for a 7.93 acre portion of the Hardrives property
located on the east side of Congress Avenue, approximately 400
feet south of Germantown Road. (QUASI-JUDICIAL)
(1) CONDITIONAL USE REOUEST/COMMUNICATION TOWER FOR HARDRIVES:
Consider a request for conditional use approval to
establish a communication tower for Hardrives, Inc. The
subject property is located on the east side of Congress
Avenue, approximately 400 feet south of Germantown Road,
and is zoned I (Industrial) District. (QUASI-JUDICIAL)
F. ORDINANCE NO. 79-95: An ordinance providing for a Small Scale
Future Land Use Map Amendment from Open Space to Transitional
for a 3.01 acre portion of the Lakeside at Centre Delray office
development, located on the south side of Germantown Road
between S.W. 22nd Avenue and Congress Avenue. (QUASI-JUDICIAL)
G. ORDINANCE NO. 67-95: SECOND PUBLIC HEARING for an ordinance
amending Section 4.4.22, "Open Space (OS) District", of the
Land Development Regulations by adding limited beach
concessions to Section 4.4.22(C), "Accessory Uses and
Structures Allowed".
H. ORDINANCE NO. 72-95: SECOND PUBLIC HEARING for an ordinance
amending Section 4.4.9, "General Commercial (GC) District" , of
the Land Development Regulations by incorporating use
restrictions and development standards to be applied in the
West Atlantic Avenue Overlay District.
I. ORDINANCE NO. 70-95: An ordinance amending LDR Section
4.3.4 (H) (6) (a) , "Special Building Setbacks" , by deleting the
special setback requirement along West Atlantic Avenue
extending from Swinton Avenue to the I-95 Interchange
(associated with the West Atlantic Avenue Redevelopment Plan) .
J. ORDINANCE NO. 71-95: An ordinance amending LDR Section
4.3.4{J) (4) (b) (i) by modifying the boundaries of the geographic
area along Atlantic Avenue in which increases to height
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Regular Commission Meeting
December 5, 1995
regulations may be approved by the City Commission (associated
with the West Atlantic Avenue Redevelopment Plan) .
K. ORDINANCE NO. 73-95: An ordinance amending Article 4.5,
"Overlay and Environmental Management Districts", of the Land
Development Regulations by enacting Section 4.5.6, "The West
Atlantic Avenue Overlay District".
L. ORDINANCE NO. 74-95: An ordinance amending LDR Section
4.6.9(E) (3), "In-Lieu Fee" , by adding the General Commercial
(GC) zoning district (West Atlantic Avenue Overlay District) as
an area in which the City Commission may approve the payment of
a fee in lieu of providing required parking.
M. ORDINANCE NO. 75-95: An ordinance rezoning certain parcels of
land from GC (General Commercial) to R-1-A (Single Family
Residential) District; from GC (General Commercial) to RM
(Medium Density Residential) District; from R-1-A (Single
Family Residential) to GC (General Commercial) District; from
RM (Medium Density Residential) to GC (General Commercial)
District; and from GC (General Commercial) to OS (Open Space)
District; all associated with the implementation of the West
Atlantic Avenue Redevelopment Plan.
N. ORDINANCE NO. 80-95: An ordinance amending Section 4.4.13 of
the Land Development Regulations to allow multi-family
residential dwelling units as a permitted use within the
Central Business District (CBD), with a maximum density of 12
units per acre within the Coastal High Hazard Area which lies
east of N.E. 7th Avenue, and a maximum density of 30 units per
acre in the remainder of the CBD.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 81-95: An ordinance providing for a Small Scale
Future Land Use Map amendment from Transitional to General
Commercial, and rezoning from POC (Planned Office Center)
District to GC (General Commercial) District for a 0.68 acre
parcel of land located at the southwest corner of Linton
Boulevard and Congress Avenue. If passed, public hearing
January 2, 1996.
B. ORDINANCE NO. 82-95: An ordinance rezoning a 5 acre parcel of
land from RM (Medium Density Residential) to CF (Community
Facilities) District for expansion of an existing elementary
school. The subject property is located at the southeast
corner of S.W. 10th Street and S.W. 7th Avenue (west of and
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Regular Commission Meeting
December 5, 1995
adj acent to Pine Grove Elementary School}. If passed, public
hearing January 2, 1996.
C. ORDINANCE NO. 83-95: An ordinance amending Sections 2.2.3(D},
2.2.6(D} (6) and 4.6.16(C} (2) of the LDRs by assigning authority
to grant waivers to the provisions of the landscape code to the
Site Plan Review and Appearance Board or the Historic
Preservation Board, as appropriate. If passed, public hearing
January 2, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 5, 1995 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.J. REOUEST FOR STREET CLOSURE AND USE OF CITY PROPERTY/"LIGHT UP
DELRAY" : Consider a request from the Centennial Delray Beach
Committee for closure of s.w. 1st Street from the corner of
South Swinton to past S.W. 1st Avenue, and use of the County
owned parking lot at the northeast corner of S.W. 1st Avenue
and S.W. 1st Street for the "Light Up Delray" festival.
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ThiJ Award iJ PrMenteJ to
~rt~~BeacJ, CI;+J c.,OUAJ~'\\
InApprecialion 0/ Service
for Pro~&.MIJL.i.;(J,.) iN WONor at .s";J~:/2.. PGJ't.IV+ D~~
IV C!l ve..l'Y\ber .5 I J q q!i
Irom~+~oNA.l S;,u5 Jf... pt2.f'ettrl- Re5outc.t2.. Ce.vrer
GWen at rJUl d tL' nJ a'Y\u.<: ~U"' thil ..5 day 0/ Wo lie. (l\h-€ ("
in the year 19 9.5 .
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NATIONAL SINGLE PARENT RESOURCE CENI'ER INC.
21346 ST. ANDREWS BLVD. SUITE 132
BOCA RATON FLORIDA 33433
(407) 395-5512
Dear Mayor Tom Lynch, November 14, 1995
Signing a Proclamaton on behalf of National Single Parent Day was appreciated by eveJYone who
joined in on the celebration. We had great media coverage promoting the day. Television stations
such as TV 12, "Your Turn," TV 5 Midday News, radio include WLYF, WNN" Burning
Issues, ff "Interviews with Liz" and local news paper acknowledged the event.
National Single Parent Day was a huge success. Over 150 people attended the celebration. Parents,
and their children visited with our Boca Raton Police, Fire, and Rescue departments.
Entertainment was provided by Ronald McDonald and Officer Joe, of the Boca Police
Department Resource booths included eye doctor Jeff Morris, Children Home Society, Sugar
Sand Park, S&S Marketing Enterprises Inc. for Insurance and much more.
Parents signed petitions on such issues as: National Single Parent Day becoming a "National
Holiday", Investigating individuals who "file false sexual allegation reports against a parent, "
recognizing the "Inducement of Parental Alienation as a fonn of Abuse," and designing a
"educational program for Judges ruling in the family Jaw division. "
During our programs in the media and at the event, we suggested the "conunWlity become
involved by turning to a single parent they know and offering some type of assistance to them. "
As we plan for next years event, we will develop new suggestions to encourage more conununity
involvement.
Their was wonderful information being presented, lots of networldng, and new friendships being
established. Next year we will be even greater.
Thank you very much for acknowledging such a successful and important day for single parents in
South Horida! Next year, we would Jike having you and your staff attend National Single Parent
Day, November 3, 1996.
Sincerely yours,
g~Rc
Judy Romanoff
Founder & President
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LOCAL
Sun-Sentinel, Monday, November 6, 1995 Section B
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Single parents
unite on day
just for them
By SARAH LUNDY
StaflWrlter
Judy Romanoff wanted a little recognition
on Sunday.
Not just for herself, but for all single
parents.
More than 150 parents and children cele-
brated the first National Single Parent Day on
the lawn of the Children Museum in Boca Ra-
ton.
"We wanted to give recognition and support
to single-parent families," said Romanoff, who
founded the nonprofit organization, National
Single Parent Resource Center Inc., based in
Boca Raton. "Our goal is to make it a national
holiday. "
Today's society is still using the nuclear
family mold as the norm when it's not, said
Joan T. Magill, a psychologist who led a talk on
stress management. Single parents need to re-
alize there are other people who feel the same
as they do, she said,
Laurie Hyman joined the group about a year
ago, after her divorce. Hyman, who has custo-
dy of her 3-year-old son, said she was relieved
to find people she could relate to.
"You bond with the people in the group be-
cause you have so much in common," she said.
It's like a new circle of friends, she said.
But unlike Sunday's celebration, the four-
year-old organization doesn't just provide so-
cial occasions. Romanoff said it's the only or-
ganization she knows of that also offers
educational programs and financial and legal
referral services.
Romanoff founded the organization after she
went through a custody battle five years ago
for her daughter, Dana, 13,
"I had to reach out to strangers for help," she
said. Ramonoff envisioned being that helpful
stranger for others.
Some at the celebration said the hardest part
of being a single parent is making ends meet.
Gisla Norman works seven days a week to
raise her two sons. She's a medical assistant
and image consultant during the week and a
photographer's make-up artist on the weekend.
"It's hard," she said. "I don't have a social
life. . . but I'm happy."
She works early in the morning for the pho-
tographer - who likes morning light - so she
can spend more time with her sons on the after-
noon, she said.
Norman's will comes from watching her two
sons grow.
"They are what pushes you," she said,
She liked the idea behind National Single
Parent Day.
"You get a chance to speak with others who
are going through the same thing," she said,
Melissa Wolin, 12, agreed with Norman. Me-
lissa dropped by the event with her mom, Mar-
lene Israel.
"It's a chance to tell what single parents are
feeling like," she said. "And what they are go-
ing through and stuff."
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[IT' DF DElRA' IEA[H
DELRAY BEACH
F lOR I D "
tr.e.d 100 N,W, 1st AVENUE. DELRAY BEACH, FLORIDA 33444.407/243-7000
All-America City
, III I! MEMORANDUM
1993
TO: David 1. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #iA CITY COMMISSION MEETING DECEMBER 5, 1995
APPROVE REQUEST TEMPORARY USE PERMIT. NOMADS
DATE: November 28,1995
ACTION:
City Commission is requested to grant a temporary use permit per LOR, Section 2,4,6 (H)(3), for
the purpose of allowing approximately 10 RV's to park on the Catherine Strong property from
approximately February 16, 1996, through March 7 ,1996,
BACKGROUND:
We have received a request from the South County Community Food Pantry on behalf of a
volunteer work group called the NOMADS, to allow the group to park their RV's on City property
for approximately 3-4 weeks while they are in Delray Beach doing volunteer work, The NOMADS
are an official mission agency of the United Methodist Church Board of Global Missions and used
this site last year. Attached is a letter we received from Patricia Binns, The RV's would need
water and electric hook-ups, as well as a sewer dumping facility, All are available at this site, or
can be arranged, as we did last year for this group.
RECOMMENDATION:
Consider the request from the South County Community Food Pantry to allow the NOMADS to
park RV's at Catherine Strong Center. City Manager reconunends approval.
RAB:kwg ~cm ~
Attachment
File:u:graham/agenda
Doc.:Nomads
~.A.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
. '
. -- SOUTH-COUNTY COMMUNITY_FOOD PANTRY
600 S.W. 15TH AVENUE
DELRAY BEACH, FLORIDA 33-145 (407)276-7819
/J.S NDY 2 7 '
/9;1)
November 20, 1995
City of Delray Beach
100 N. W. 1st Ave.
Delray Beach, Fl. 33444
Atten: Mr. Robert Barcinski
Dear Mr. Barcinski,
At your suggestion, I am sending a written request for parking
clearance for our annual arrival of Nomads, -the traveling
volunteers. The first R.V. will arrive approximately 2/16/96, then
the other 7 R.V's will come on 2/19/96 and stay through 3/07/96.
Maximum number of vehicles will be 8. They will be parked on the
Catherine Strong, Head Start Center property, as last year.
The City of Delray Beach had welcomed them with open arms last
year and we look forward to the same hospitality. Thank you for
your assistance in this matter. It is indeed appreciated.
Sincerely,
:;?~~~_ ~ ~ra/
I
.'
Patricia "Binns, MSW
Coordinator
- .
COMMUNITY FOOD PANTRY PROGRAM
A Program of Cros Urban Ministries
PATRICIA BINNS, MSW
Coordinator
Catherine Strong Center Mornings 9-12
600 S,W, 15th Avenue (407) 276-7819
Oelray Beach, Florida 33444 FAX (407) 833-1299
...
AN INTERFAITH COMMUNITY BASED APPROACH TO HUNGER
. '
.
SOUTH-COUNTY COMMUNITY_FOOD PANTRY
6()0 S.W. 15TH AVENUE
DELRA Y BEACH, FLORIDA 33~~5 (407)276-781 t)
NOv
November 20, 1995
City of Delray Beach
100 N. W. 1st Ave.
Delray Beach, Fl. 33444
Atten: Mr. Robert Barcinski
Dear Mr. Barcinski,
At your suggestion, I am sending a written request for parking
clearance for our annual arrival of Nomads, the traveling
volunteers. The first R.V. will arrive approximately 2/16/96, then
the other 7 R.V's will corne on 2/19/96 and stay through 3/07/96.
Maximum number of vehicles will be 8. They will be parked on the
Catherine Strong, Head Start Center property, as last year.
The City of Delray Beach had welcomed them with open arms last
year and we look forward to the same hospitality. Thank you for
your assistance in this matter. It is indeed appreciated.
Sincerely,
~, ~ ~ra/' ~~~
I - ~
Patricia "Binns, MSW /r - ,
I
Coordinator A, C<Yf~~~'-.
COMMUNITY FOOD PANTRY PROGRAM
A Program of Cros Urban Ministries
PATRICIA BINNS, MSW
Coordinator
Catherine Strong Center Mornings 9-12
600 S,W. 15th Avenue (407) 276-7819
Delray Beach, Aorida 33444 FAX (407) 833-1299
..
AN INTERFAITH COMMUNITY BASED APPROACH TO HUNGER
"",,1 "-..,,... .,"'-....",l..........
(1\
tJ7t 1
DElRAY BEACH
, lOR Ill'"
Delray Beach Police Department tI.8:d
AII.America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , ~ III!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard M. Lincoln, Major ,.r
Field Operations Bureau
DATE: November 27, 1995
SUBJECT: DELRAY BEACH POLICE DEPARTMENT SCHOOL RESOURCE
OFFICER ASSIGNED TO THE DELRA Y FULL SERVICE CENTER
As you are aware, Mr, Benyman, the former director of the Delray Full Service Center,
initiated discussions with the City of Delray Beach regarding the possibility of having a
Delray Beach police officer assigned to the Delray Full Service Center as a school
resource officer. These discussions began early in 1995 and at the present time a variety
of concerns and issues have apparently been resolved to the satisfaction of the School
Board, and we are now ready to move forward and formalize this arrangement. The
benefit to the City is primarily that of communication from the campus to the Police
Department and the Police Department's ability to respond to whatever problems are
detected both on the campus and in the immediate neighborhood. The officer selected
and assigned will work out of the Community Policing Division with supervisory
accountability to Lieutenant H. Scott Lunsford in the Atlantic Gardens substation.
The contract that has been drafted by the School Board has been reviewed by both Police
Legal Advisor Eric Hightower and myself and does not appear to present any logistical or
liability concerns. Assuming that City Commission consents and ratifies this agreement,
we are prepared to move forward with the submission of potential applicants for selection
by the School Board.
RML/ppt
'lB.
.
~ ;
l'
,
AGREEMENT
BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND
THE CITY OF DELRA Y BEACH. FLORIDA
WHEREAS, the Delray Full Service Center is comprised of many community
service programs; and
WHEREAS, many of these programs provide services beyond the scope of the
School District's kindergarten through twelfth grade (K-12) responsibilities; and
WHEREAS, many of these programs provide specific services to non-student
residents of the City of Delray Beach; and
WHEREAS, the City of Delray Beach has expressed a desire to provide police
protection to the Delray Full Service Center at a reduced rate.
NOW, THEREFORE, IT IS HEREBY mutually agreed between the School Board
of Palm Beach County, Florida, hereinafter referred to as the .. School Board II and the
City of Delray Beach, Florida, hereinafter referred to as "Delray" as follows:
1.) The School Board shall provide $2,250 per month to Delray for services
of a Delray Police Officer at the Delray Full Service Center from January 2, 1996,
through June 30, 1996. Delray Police Officers shall remain employees of Delray, and
shall not be employees of the School Board, Delray agrees to assume responsibility for
the acts, omissions, or conduct of its employees subject to the provisions of Section
768.28, Florida Statutes, where applicable.
2.) The School Board shall provide access to an air conditioned and lighted
private office with a desk, chair, locking file cabinet, and a telephone which may be used
for general business purposes only. All other equipment needs, benefits, overtime
compensation, and any other responsibilities under Federal and State law, including
Workers Compensation, will be the responsibility of Delray, and will be provided by
Delray for the Delray Police Officer.
3.) Delray shall provide a list of Delray Police Officers and resumes to the
Chief of Palm Beach County School District Police so that potential candidates may be
selected for an interview for the Police Officer position and alternate position at the
Delray Full Service Center.
, .
.'
.
4.) The Interview Committee shall be comprised of the following School Board
personnel:
A. Area 1 Superintendent
B, Principal of Delray Full Service Center
C. Chief of Palm Beach County School District Police
D. Area Supervisor of Palm Beach County School District Police.
5.) The Principal shall set the hours of the Delray Police Officer.
6.) Delray shall immediately notify the Principal and the School Police
Department whenever the Delray Police Officer leaves the school campus. If the Delray
Police Officer is absent due to illness, annual leave, etc., the alternative Delray Police
Officer shall cover the assigned duty.
7.) Delray shall immediately provide copies of all incident reports, Field
Interrogation Reports, information reports, etc., taken on the campus of Delray Full
Service Center to the School Police Department.
8.) The Delray Police Officer shall abide by School Board Policies, when not
in conflict with Delray Police policies, and shall consult with and coordinate activities
through the School Principal and the School Police Department, but shall be responsive
to the chain of command of Delray relating to all matters of employment. No program
may be enacted in the school without permission of the Principal.
9.) The Delray Police Officer is not a school disciplinarian. If the Principal
believes an incident is a law violation, she shall contact the Delray Police Officer who
shall then determine whether law enforcement action is appropriate. The Delray Police
Officer shall maintain high visibility on campus.
10.) The Delray Police Officer will, whenever possible, attend meetings of the
Delray Full Service Center's parent and faculty groups to solicit their support and to
promote awareness of law enforcement functions,
11.) The Delray Police Officer will, whenever possible, make himself/herself
available for conferences with students, parents, and faculty members to assist them with
problems of a law enforcement or crime prevention nature.
12.) The Delray Police Officer will be familiar with all community agencies
which offer assistance to the community so that referrals may be made when appropriate.
2
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13.) The Delray Police Officer, the Principal, and the School Police Department
shall confer when appropriate to develop plans and strategies to prevent and/or minimize
dangerous situations on or near the campus or involving students at school related
activities.
14.) Should it become necessary to conduct formal police interviews on Delray
Full Service Center campus with students or staff, the Delray Police personnel shall abide
by School Board Policy, Delray Police Policy, and legal requirements regarding such
interviews.
15.) The Delray Police Officer shall take law enforcement action as necessary.
As soon as practicable, the Delray Police Officer shall notify the Principal and the School
Police Department about any law enforcement action undertaken on or near the Delray
Full Service Center campus. At the Principal's request, the Delray Police Officer shall
take appropriate law enforcement action against intruders and unwanted guests who may
appear at the school and related school functions, to the extent that the Delray Police
Officer may do so under the authority of law. Whenever practicable, the Delray Police
Officer shall advise the Principal before requesting additional police assistance on
campus.
16.) The Delray Police Officer will, whenever possible, participate in and/or
attend school functions,
17.) The Delray Police Officer shall be in full uniform while performing all
duties at the Delray Full Service Center.
18.) In the event the Principal of the school has reasonable belief that the Delray
Police Officer is not effectively performing his or her duties and responsibilities, the
Principal shall recommend to the Chief of School Police that the Delray Police Officer
be removed from the program at her school, and shall state the reason(s) thereof in
writing. Within a reasonable time after receiving the recommendation from the Principal,
the Chief of School Police shall advise the Delray Chief of Police of the Principal's
request. If the Delray Chief of Police so desires, the Chief of School Police and the
Delray Chief of Police shall meet with the Delray Police Officer to mediate or resolve
any problems which may exist. At such meeting, specified members of the school staff
may be required to be present. If, within a reasonable amount of time after
commencement of such mediation the problem cannot be resolved or mediated to the
satisfaction of the Principal, or in the event mediation is not sought by the Delray Chief
of Police, then the Delray Police Officer shall be removed from the school and a
replacement shall be obtained.
19,) This Agreement shall remain in effect from January 2, 1996 through June
30, 1996, unless terminated sooner pursuant to Paragraph 20 of this Agreement.
3
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20.) Either party may terminate this Agreement without cause on thirty (30) days
notice, in writing, to the other party.
21.) This instrument contains the entire Agreement between the parties, and no
statement, promise, or inducements made by either party or agent of either party this is
not contained in this written Agreement shall be valid or binding. This Agreement may
not be enlarged, modified, or altered except in writing, signed by the parties and
endorsed hereon.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year above first written.
PALM BEACH COUNTY SCHOOL BOARD
By:
Chairman
By:
Superintendent of Schools
CITY OF DELRA Y BEACH, FLORIDA
By:
Mayor Thomas E. Lynch
Attest:
City Clerk
Approved as to Form and
Legal Sufficiency:
4
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. (- ;1(
DM
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE . DEL~~M ifJIDA 33444
TELEPHONE 4071243-7823 ~StMI~E 199&3-7816
PELLRoA~ B,EADC~ POLICE LEGAL ADVISOR
.......... CITY Mtl~.. ~~-'" nl=llr.r_
AII.America City
, IIII~ MEMORANDUM
1993
TO: David Harden, City Manager
FROM: Eric D, Hightower, Police Legal Advisor
DATE: November 30, 1995
SUBJECT: Police Substation Lease
--------------------------------------------------------------
--------------------------------------------------------------
Enclosed for you review are two (2) copies of a lease for a police substation
located at 26 S.W. 9th Avenue, Delray Beach, Florida. The lease wi II be
executed with the owner, Mr. Prince Poitier.
The purpose of the substation is to allow law-enforcement closer connections
with the law abiding citizens in that area. Also, it will give our officers a better
vantage point to combat an ever-increasing crime problem that is occurring in
the area. To determine whether this substation will be effective, the lease will
run for a six (6) month period. If it appears to be effective, the lease will then be
extended to a full year with periodic reviews to determine its continuing
effectiveness.
Liability on the City's part will not increase pursuant to Section 20(a) of the
Lease regarding Sovereign Immunity. Additionally, cost for the City will be
minimal as the rent is $1_00 per month. If this lease meets your approval, please
place the lease on the Consent Agenda at your earliest convenience.
f,c. .
@ PonIed on Recycled Paper
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SUBJECT: Police Substation Lease
November 30, 1995
Page 2
Please feel free to contact me if I can be of further assistance in this matter,
EDH:lbg /Z'll-
I
xc: Susan Ruby, City Attorney
Chief Richard Overman
, ,
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RESIDENTIAL LEASE
Apartment - Condominium - House
BY THIS AGREEMENT made and entered into on October 19, 1995
between PRINCE POITIER herein referred to as Lessor, the CITY OF DELRAY
BEACH, herein referred to as Lessee. Lessor leases to Lessee the
premises situated at 26 S.W. 9th Avenue, in the City of Delray Beach,
County of Palm Beach, State of Florida, and more particularly described
as follows: 26 S.W. 9th Avenue, Delray Beach Florida 33445, Apartment
No 9 together with all appurtenances, for a term of six (6) months,
to commence on and to end on , 1996
-
at 11:59 P.M.
1- Rent. Lessee agrees to pay, without demand, to Lessor
as rent for demised premises the sum of One Dollars ( $1. 00) per month in
advance on the 1st day of each calendar month beginning October, 1995 at
26 S.W. 9th Avenue, City of Delray Beach, State of Florida, or at such
other place as Lessor may designate.
2. Quiet Enjoyment. Lessor covenants that on paying the
rent and performing the covenants herein contained, Lessee shall
peacefully and quietly have, hold, and enjoy the demised premises for
the agreed term.
3. Use of PremiHes. The demised premises shall be used
and occupied by Lessee exclusively as a police substation, and neither
the premises nor any part thereof shall be used at any time during the
term of this lease by Lessee for the purpose of carrying on any
business, profession, or trade of any kind, of for any purpose other
than as a police substation. Lessee shall comply with all the sanitary
laws, ordinances, rules, and orders of appropriate governmental
authorities affecting the cleanliness, occupancy, and preservation of
the demised premises, and the sidewalks connected thereto, during the
term of this lease.
4. Condition of Premises. Lessee stipulates that he has
examined the demised premises, including the grounds and all buildings
and improvements, and that they are, at the time of this lease, in good
order, repair, and a safe, clean, and tenantable condition.
5. Assignment and Subletting. Without the prior written
consent of Lessor, Lessee shall not assign this lease, or sublet or
grant any concession or license to use the premises or any part thereof.
A consent by Lessor to one assignment, subletting, concession, or
license shall not be deemed to be a consent to any subsequent
assignment, subletting, concession, or license. An assignment,
subletting, concession, or license without the prior written consent of
Lessor, or an assignment or subletting by operation of law, shall be
void and shall, at Lessor's option, terminate this lease.
6. Alterations and Improvements. Lessee shall make no
alteration to the buildings on the demised premises or construct any
building or make other improvements on the demised premises without the
prior written consent of the Lessor. All alterations, changes, and
improvements built, constructed, or placed on the demised premises by
Lessee, with the exception of fixtures removable without damage to the
premises and movable personal property, shall, unless otherwise provided
by written agreement between Lessor and Lessee, be the property of
Lessor and remain on the demised premises at the expiration or sooner
termination of this lease.
7. Damage to Premises. If the demised premises, or any
part thereof, shall be partially damaged by fire or other casualty not
due to Lessee's negligence or willful act or that of his employee,
family, agent, or visitor, tht, premises shall be promptly repaired by
Lessor and there shall be an abatement of rent corresponding with the
time during which, and the extent to which, the leased premises may have
been untenatable; but, if the leased premises should be damaged other
than by Lessee's negligence or willful act or that of his employee,
family, agent or visitor to the extent that Lessor shall decide not to
rebuild or repair, the term of this lease shall end and the rent shall
be prorated up to the time of the damage.
8. Dangerous Materials. Lessee shall not keep or have on
the leased premises any article or thing of a dangerous, inflammable, or
explosive character that might unreasonably increase the danger of fire
on the leased premises or that might be consider hazardous or extra
hazardous by any responsible insurance company.
9. utilities. Lessee shall be responsible for arranging
for and paying for all utility services required on the premises.
10. Maintenance and Repair. Lessee will, at his sole
expense, keep and maintain the leased premises and appurtenances in good
and sanitary condition and repair during the term of this lease and any
renewal thereof. In particular, Lessee shall keep the fixtures in the
house in good order and repair; keep the furnace clean; keep the
electric bells in order; keep the walks free from dirt and debris; and
at his sole expense, shall make all required repairs to the plumbing,
range, heating, apparatus, and electric and gas fixtures whenever damage
thereto shall have resulted from Lessee's misuse, waste, or neglect or
that of his employee, family, agent, or visitor. Major maintenance and
repair of the leased premises, not due to Lessee's misuse, waste, or
neglect or that of his employee, family, agent, or visitor shall be
responsibility of Lessor or hiE assigns.
2
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11. Animals. Lessee shall keep no domestic or other
animals on or about the leased premises without the written consent of
Lessor.
12. Right of Ins~~tion. Lessor and his agents shall have
the right at all reasonable tiloes during the term of this lease and any
renewal thereof to enter the demised premises for the purpose of
inspecting the premises in all buildings and improvements thereon.
13. Display of Signs. During the last 30 days of this
lease, Lessor or his agent shall have the privilege of displaying the
usual "For Sale" or "For Rent" or "Vacancy" signs on the demised
premises and of showing the property to prospective purchasers or
tenants. Lessee shall be allowed to display signs identifying the unit
as a Police Sub-station during the period of the lease.
14. Subordination of Lease. This lease and Lessee's
leasehold interest hereunder are and shall be subject, subordinate, and
inferior to any liens or encumbrances now or hereafter placed on the
demised premises by Lessor, all advances made under any such liens or
encumbrances, the interest payable on any such liens or encumbrances,
and any and all renewals or extensions of such liens or encumbrances.
15. Holdover by Lessee. Should Lessee remain in possession
of the demised premises with the consent of Lessor after the natural
expiration of this lease, a new month-to-month tenancy shall be created
between Lessor and Lessee which shall be subject to all the terms and
conditions hereof but shall be terminated on thirty (30) days written
notice served by either Lessor or Lessee on the other party.
16. Surrender of Premises. At the expiration of the lease
term, Lessee shall quit and surrender the premises hereby demised in as
good state and condition as they were at the commencement of this lease,
reasonable use and wear thereof and damages by the elements excepted.
17. Default. If any default is made in the payment of
rent, or any part thereof, at the times hereinbefore specified, or if
any default is made in the performance or of compliance with any other
term or condition hereof, the lease, at the option of Lessor, shall
terminate and be forfeited, and Lessor may re-enter the premises and
remove all persons therefrom. Lessee shall be given written notice of
any default or breach, and termination in forfeiture of the lease, shall
not result if, within thirty (30) days of receipt of such notice, Lessee
has corrected the default or breach or has taken action reasonably
likely to effect such correction within a reasonable time. Likewise, if
any default is made in the performance or of compliance with any other
term or condition hereof, the lease at the option of Lessee, shall
terminate and be forfeited, and Lessee may vacate the premises and
remove all persons and personal property therefrom. Lessor shall be
given written notice of any default or breach, and termination in
3
forfeiture of the lease, shall not result if within thirty (30) days of
receipt of such notice, Lessor has corrected the default or breach or
has taken action reasonably likely to effect such correction within a
reasonable time.
18. Abandonment. If at any time during the term of this
lease Lessee abandons the demised premises or any part thereof for a
period of thirty (30) days or more, Lessor may, at his option, enter the
demised premises by any means without being liable for any prosecution
therefor, and without becoming liable to Lessee for damages or for any
payment of any kind whatever, and may, at his discretion, as agent for
Lessee, relet the demised premises, or any part thereof, for the whole
or any part of the then unexpired term, and may receive and collect all
rent payable by virtue of such reletting, and, at Lessor's option, hold
Lessee liable for any difference between the rent that would have been
payable under this lease during the balance of the unexpired term, if
this lease had continued in force, and the net rent for such period
realized by Lessor by means of such reletting. If Lessor's right of re-
entry is exercised following abandonment of the premises by Lessee, then
Lessor may consider any personal property belonging to Lessee and left
on the premises to also have been abandoned, in which case Lessor may
dispose of all such personal property in any manner Lessor shall deem
proper and is hereby relieved ,f all liability for doing so.
19. Binding Effect. The covenants and conditions herein
contained shall apply to and bind the heirs, legal representatives, and
assigns of the parties hereto, and all covenants are to be construed as
conditions of this lease.
20. other Terms:
A. Sovereign Immunity. Nothing herein shall be shall
be deemed a wavier of the city's sovereign immunity as set forth in
Florida statute 768.28.
B. Repairs Prior to Enter. Lessor shall be
responsible for all repairs, and establishing apartment in good
condition on the interior prior to entry, by Lessee. The Lessor shall
be responsible for all repairs and establishing apartment in good
condition on the exterior, prior to entry by Lessee.
4
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IN WITNESS WHEREOF, the parties have executed this lease at
City of Delray Beach, Florida, day and year first above written.
By:
Mayor Thomas E. Lynch, Lessee Prince poitier Lessor
ATTEST:
City Clerk
Approved as to form and
Legal Sufficiency:
/~-
City At orney - Delray Beach
po1t1erp/agre.
5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~;Vt
SUBJECT: AGENDA ITEM # ~.D - MEETING OF DECEMBER 5, 1995
CHANGE ORDER NO. 1 AND FINAL PAYMENT/COLONNA ASPHALT
RESTORATION, INC.
DATE: DECEMBER 1, 1995
This is before the Commission to approve final deduct Change
Order No. 1 in the amount of $6,432.20, and Final Payment in the
amount of $4,457.05 to Colonna Asphalt Restoration, Inc. for the
Scrap and Impound Lot, Spady Bus Access, and N.W. 15th Avenue
Extension projects. Funding is available from General Construc-
tion - Road and Streets (Account No. 334-3162-541-63.10) , and
Water and Sewer Improvements - Scrap and Impound (Account No.
441-5161-536-63.71) .
All work has been completed in accordance with plans and
specifications and has been accepted by the City.
Recommend approval of the final deduct Change Order No. 1 and
Final Payment to Colonna Asphalt Restoration, Inc.
~on ~
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Agenda Item No. g [).
AGENDA REQUEST
Date: November 28, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 5, 1995
Description of item (who, what, where, how much): Staff requests the
city Commission to consider approval of Final Deduct Change Order #1
for $6,432.:;>><); and Final Payment authorization to Colonna Asphalt
Restoration, Inc. in the amount of $4,457.05. All work has been
completed in accordance with plans and specifications and has been
accepted by the City.
ORDINANCE/RESOLUTION REQUIRED:
Recommendation: Staff
#1 for $6,432.20; and
Department head signature:
Determination of Consistency
city Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~o
Funding alternatives ~ (if applicable)
Account No. & Description:$' - Jlb?.- 5Y/-('3 /0 (:.eV CfJrJr:!f": F-o~ + S~)
Account Balance * 7:tlQ. ~?. . ,<lO"'~
. . I;ffl- P"H/- ~JI,- ,~. 71 (Wf5; (1"If'/f4)~ S~;Db()
C1ty Manager Renew: &- t :1"9. 7] ~ ,,('of'..
Approved for agenda: E 1NO 1
Hold until: grt~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
Memorandum !"'"""" .--..
FC(:I\,~,.!
R _ / '--'" .
NOV 3 0 \995
To: David T. Harden, City Manager
~CITY M".. ,-,,, ", . ".,-
From: Howard Wight, Dep Dir of Construe
Date: November 28, 1995
Re: Scrap and Impound Lot (93-58) ; Spady Bus Access (94-
59) ; and N.W. 15th Ave Extension (94-81)
Agenda Request for Final Change Order / Final Payment
-----------------------------------------------------------------
Staff requests the City Commission to consider approval of Final
Deduct Change Order #1 for -$6,432.20; and Final Payment
authorization to Colonna Asphalt Restoration, Inc. in the amount
of $4,457.05. All work has been completed in accordance with
plans and specifications and has been accepted by the City.
Also included for review is the "Contractor Past Performance
Report" based on work performed in this Contract.
CC : Dan Beatty, P.E., City Engineer
Memos to City Manager
memo9358.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1, Final PROJECT NO. 93-58, 94-59, 94-81 DATE:
PROJECT TITI..E: Scrap and Impound Lot, Spady Bus Access and N.W. 15th Ave
TO CONTRACTOR: Colonna Asphalt Restoration, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
TIllS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final As-built Quantity Adjustments per Attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 77,842.45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO TIllS CHANGE ORDER $ 77,842.45
COST OF CONSTRUCTION CHANGES TIllS ORDER -$ 6,642.20
ADJUSTED CONTRACT AMOUNT INCLUDING TIllS CHANGE ORDER $ 71,410.25
PER CENT DECREASE TIllS CHANGE ORDER -8.2 %
TOTAL PER CENT DECREASE TO DATE -8.2 %
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
Colonna Asphalt Restoration, Inc..
Funding Source:s 334-3162-541-63.10 N. W. 15th Ave for -$ 836.67
441-5161-536-63.71 Scrap and Impound Lot for -$ 2,277.67
228-3162-541-61.74 Spady Bus Access Road for -$ 3,317.86
DELLRA Y BEACH. FLORIDA by its City Commission
RECOMMEND: By:
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATIEST:
APPROVED: By:
City Attorney City Clerk
.
S o..{ fa () Lt l' A " UJ-I ftJ (,t. f1 / ..) )
()/!J) p;/t J f /I' A L
SCRAP & IMPOUND LOT ~s.r~ I
..- .' .... ..--.. ...--...-.-.-....--..-..-.--- --.----. - _._---~_..-
ITEM ITEM UNIt PRICE. 1'OT l\L ES1' -l'B a REQUE~
NO. PRICE f J tolA t.. A J -
OV/j,./"
1 Clearing &
grubbing.
Lump sum 6500.00 ..6500.00 6500.00
2 1 1/2" Type
sIri asphalt/
8" base/12'.
subgrade. ,
1256 SY . 14.00 17584.00 16,674.00
3 Concrete
flume.
Lump sum 550.00 550.00 550.00
4 Wheel stopS. ,
23 stops 14.00 322~00 322.00
. ,
5 Grade swales
& retention
area const.
Lump sum .2200.00 2200.00 2200..00
6 Bahia sod.
416 SY L80 :748.80 748.80
7 Chain link .fence
access gate.
Lump sum 1200.00 1200.00 1200.00
- 0 Chain linlt
- .
fence
465 LF .11.80 . 5487~00 4956.00
Total Scrap & Impound
lot 34591.80 33.,150.80
2 of 5
.
SPADY BUS ACCESS (91-r0
ITEM ITEM UNIT PRICE TOTAL EST llit REQUEST
NO. PRICE //rJ4<. AS",
BUILl
9 Grading,level- ..
ing & pave-
ment removal.
Lump sum 5445.00 5445.00 5445.00
10 Pavement
markings &
signage.
Lump sum 1400.00 1400.00 1400.00
11 1 1/2" Type
SIII asphalt/
8" base/12"
subgrade
1210 SY 14.00 16940.00 13/146~0(j
12 6" stabilized
shoulder.
782 SY 7.00 5474.00 5474.00
13 Bahia sod
1788 SY 1. 35 2413.80 24i3.80
Total Spady Bus access 31672.80 27,878.80
NW 15th AVENUE EXTENSION.~4_r~
14 Grading, level-
ing & pave-
ment;
Lump sum 2200.00 2200.00 2200.00
15 1 1/" Type
- SIll asphalt/
- 8" base/12".
subgrade. .
376 SY 6.75 2538.00 :2538~00
3 of 5
.
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NW 15th AVENUE EXTENSION
ITEM ITEM UNIT PRICE TOTAL EST if!- REQUESi!f
NO. PRICE
;,JA I. AJ-
/;)/ L"7
..
16 1" asphalt
driveway.
61 SY 6.75 411.75 411.75
17 Bahia sod
506 SY 1. 35 683.10 683.10
"
18 Install case II
reflectors
2 reflectors 300.00 600.00 600.00
Total NW 15th Avenue Extension 6432.85 6'43'2 .85
ADDENDUM NO. 1
19 20" chain
link: fence
access gate
Lump sum 1200.00 1200.00 1200.00
20 "BUS ONLY"
sign
2 155.00 '310.00 310.00
21 Case reflectors
9 125.00 1125.00 1125.00
Total addendum No.1 2635.00 2635.00
- .
- . .. ,
4 of 5
:
.
ALLOWANCES
ITEM ITEM UNIT PRICE TOTAL EST ls..t REQUE~T
NO. PRICE /oJIU. JJJ~
IlJ /.1. /'
22 Video allowance. ..
Lump sum 500.00 500.00 0.00
23 Utility
allowance.
Lump sum 2000.00 2000.00 0.00
24 Indemnification.
Lump sum 10.00 10.00 10:00
Total Allowances 2510.00 10.00
ADDITIONAL ITEMS
25 Manhole adjustment on NW 15 St 0.00 500.00
26 Chain link fence-Spady 206 LF 0.00 2430.80
27 Test back charges(-128.00) 0.00 -128.00
28 liquidated damages 6 days 0.00 -1500.00
(2s0.00/day)
TOTAL ADDITIONAL ITEMS 1302.80
161ft!,..! 157? !fl, +f . J1}/ .4/0 ,Gj
/ )
-
- .
5 of 5
Kc{jJf " ? } r 12, ~J
{DJJ1;!A~7 1u1t4 (. l'
/[ .j. ,'if
1/5 -dJILT
1;) 71lL '-' 7/ f--/ i) ,~
:/I if /
b4J2vl0
II {I' "( 'j f7 C. (), I -
- ./
, .
,
f Colonna
Asphalt Restoration, Inc.
2930 N.W. 17th Terrace · Oakland Park, Florida 33311
(305) 484-6552 · Fax (305) 484-0985
APPLICATION AND CERTIFICATE FOR PAYMENT
Project SCRAP AND IMPOUND LOT
Job: 93-013,93-038
To: Environmental Services Department Application No: 00003
Accounts Payable Period to: November 20, 1995
100 NW 1 Ave PO#: 536029
De1ray Beach, Fl 33444 Architects Project No.: 93-058
Via: Environmental Services Department
CHANGE ORDERS APPROVED IN THIS PERIOD Application is made for payment as
No. Date Additions Deductions shown below. The present status of
the account for this Contract is as
follows:
Original Contract Sum.....................................................$ 77842.45
Net Change by Change Orders.....................................$ < 6432.20>
Contract Sum to Date......................................................$ 71410.25
Total Completed & Stored to Date................................$ 71410.25
Retainage:
10% of Completed Work........................$ 0.00
0% of Stored Materials.........................$ 0.00
Total Retainage.... ........... ............................ ........... ..........$ 0.00
- Total Earned Less Retainage...............;.........................$ 71410.25
-
Total Previous Amounts Certified...............................$ 66953.20
Current Payment Due......................................................$ 4457.05
Balance to Finish Plus Retainage..................................$ 0.00
Amount Certified...... ......................... ........ ... ........... .... ....$ 4457.05
ent'20NNA ASPHALT RESTORATION, INC.
Signed By: ..- :::---- Date: I / I~olqs/
Title I .
:';' 7?/d,'~ Illzo~
Notary i)l/J't1!/I J ~/1/ ~ Date:
.(/' ~='NOfa(';: L1NO,q, MARI~ ,:OLQrmA ;
Certtfied by: ENVIRONMENTAL SERVICES DEPARTMENT ?:: ,,;:-: loSt 8 0 f F r (J rId a .
'. PUb,lC ':f.", C"mn' "=Xf'OS/06'97 ,
. , ~ ....... ~ II
) '1/1\\"- C..,p'm#.CC2'.J~,':3f) "
Signed by: Date: '~'4..,,,,,,,,._..,... . '.......r."'.""""^.~
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {/!'" 1
SUBJECT: AGENDA ITEM # g. - - MEETING OF DECEMBER 5. 1995
FINAL PLAT/THE BOY'S FARMERS MARKET
DATE: DECEMBER I, 1995
This is before the Commission to approve the final boundary plat
for The Boy's Farmers Market located at 14378 Military Trail.
All applicable permits for the project have been obtained.
Enclosed is a copy of the plat and an aerial photo of the
subject property.
Recommend approval of the final plat for The Boy's Farmers
Market.
.
Agenda Item No. t E
AGENDA REQUEST
Date: November 29, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 5, 1995
Description of item (who, what, where, how much) :Approval of final
boundary plat for The Boy's Farmer's Market. All applicable permits
have been received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recommendation: Staff recommends approval of the final boundary plat
for The Boy's Farmer's Market.
Department head signature:
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
ci ty Manager Review: 8 ' ~ '
Approved for agenda: E$!/NO 11 J, . O.--ry n ~() '_ '- . JL~
Hold Until: rl$~L- c'LfV.." \(.~ (''it ~~L..:.:y:S[ "
CZ2v--e~ cc- e~0~~ VV~
Agenda Coordinator Review: j I
Received: rr 1
Placed on Agenda: () /G
Action:
Approved/Disapproved
AGBOYHN29.DOC
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.~
City Engineer
DATE: November 29, 1995
SUBJECT: Final Boundary Plat
The Boy's Farmers Market
Attached is an agenda request for Commission approval of the final boundary plat for The
Boy's Farmers Market. The subject plat does not require review by the Planning and
Zoning Board. 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 December 5, 1995 Commission meeting for Commission approval.
DB:mm
attachment
File: T AC
DBBOYN29.DOC
.
.
)
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- CITY WITS -
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TWP 46
RNG 42
SEC 13
SIT&
LEGEND
1. N.W.4thST.
2. BRADY BLVD.
3. MAURICE DR.
4. W. ATLANTIC AVE.
(SR 806)
5. MILITARY TRAIL
(SR 809)
6. BARWICK RD.
7. CIRCLE DR.
8. ALMAR BLVD.
APPROXIMATE
SCALE
1" = 300'
~ .......... .i -- ""'....
" . . -" .~ / ,~ \
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1'1
SUBJECT: AGENDA ITEM # ?J. F - MEETING OF DECEMBER 5, 1995
FINAL PLAT/OCEAN ISLES AT DEL-RATON
DATE: DECEMBER I, 1995
This is before the Commission to approve the final subdivision
plat for Ocean Isles At Del-Raton located at the southeast corner
of LaMat Avenue and Frederick Boulevard.
All applicable permits for the project have been obtained.
Enclosed is a copy of the plat, and a map and aerial photo of the
subject property.
Recommend approval of the final subdivision plat for Ocean Isles
At Del-Raton.
.
Agenda Item No. f. P
AGENDA REQUEST
Date: November 29, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 5, 1995
Description of item (who, what, where, how much):Approval of final
subdivision plat for Ocean Isles at Del-Raton. All applicable
permits have been received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES~
Recommendation: Staff subdivision
lat for Ocean Isles at
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
city Manager Review: @lNO }~8~ "~~ -iLL /0ti J#*:
Approved for agenda:
Hold Until:
Agenda Coordinator Review: rV~~CL G-~\ .II . ~'\ ~j .
Received: !:~!
Placed on Agenda:
Action:
Approved/Disapproved
AGOCEN29.DOC
.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~
Dan Beatty, ~/J =--=.::>
City Engineer
DATE: November 29, 1995
SUBJECT: Final Subdivision Plat
Ocean Isles at Del-Raton
Attached is an agenda request for Commission approval of the final subdivision plat for
Ocean Isles at Del-Raton. The subject plat does not require review by the Planning and
Zoning Board. 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 December 5, 1995 Commission meeting for Commission approval.
DB:mm
attachment
File: TAC
DBOCEN29.DOC
.
.
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~l
SUBJECT: AGENDA ITEM # ?, C;. - MEETING OF DECEMBER 5. 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: DECEMBER 1, 1995
Attached is the Report of Appealable Land Use Items for the
period November 20 through December 1, 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.
.
i)1(
tt~
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~
THRU: DI E INGUEZ, DIR~~
DEPARTMENT OF PLANNING ND ZONING
few,,,,,, ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF DECEMBER 5,1995 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER
20, 1995 THRU DECEMBER 1. 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 November 20, 1995, through December 1, 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 December 5, 1995
Page 2
PLANNING AND ZONING BOARD MEETING OF NOVEMBER 20. 1995
A. Determined on a 6 to 0 vote that the industrial operations associated
with the Hardrives property are similar to the principal uses allowed
within the Industrial zone district.
The following agenda items were considered by the Planning and Zoning
Board which will be forwarded to the City Commission for final action.
. Approved (5 to 1), the preliminary plat and certified the final plat as
being consistent with the preliminary plat for Lee's Crossing, a
proposed single family subdivision located west of Barwick Road and
north of Atlantic Avenue. The final plat will be forwarded to the
Commission for final action,
. Recommended approval (6 to 0), on a rezoning request from RM
(Medium Density Residential) to CF (Community Facilities) for a 5 acre
tract of land located immediately west of the Pine Grove Elementary
School located at the southwest corner of S.W. 10th Street and S.W.
4th Avenue,
. Recommended approval (6 to 0), on a conditional use request
associated with the expansion of the Pine Grove Elementary School.
. Recommended approval (6 to 0), on a conditional use request to allow
the establishment of the Alzheimer Health Care Systems, located at
the northwest corner of Lake Ida Road and Congress Avenue.
. Recommended approval (4 to 2), on a small scale land use map
amendment from Transitional to General Commercial and rezoning
from POC (Planned Office Center) to GC ( General Commercial) for a
parcel of land located at the southwest corner of Linton Boulevard and
Congress Avenue (Linton ICongress service Station).
. Recommended approval (6 to 0), on a conditional use request to allow
the establishment of a place of assembly for commercial entertainment
purposes within the CBD (Central Business District) for Ocean City
Lumber, located on the east side of N.E. 2nd Avenue, between
Atlantic Avenue and N.E. 1st Street.
.
.
-
City Commission Documentation
Appealable Items Meeting of December 5, 1995
Page 3
. The Board recommended approval ( 6 to 0), on several requests
associated with the annexation and assignment of zoning and land
use for the Hardrives property. These items were considered by the
City Commission at its last meeting. Additionally, the Board
recommended approval (6 to 0), on a conditional use request to allow
the relocation of a communication tower from the Hardrives property
west of Congress to the property located on the east side of Congress
Avenue,
. Recommended approval (6 to 0), on a small scale land use map
amendment from Open Space to Transitional for a 3.01 acre tract of
the Office Depot property located on the south side of Germantown
Road between Congress Avenue and S.W. 22nd Avenue. This item
was also considered by the City Commission at its last meeting.
. Recommended approval (6 to 0), on an amendment to the Land
Development Regulations to Section 2.2.3(0), 2.2.6(0)(6) and
4.6,16(C)(2) which assigns authority to grant waivers to the provisions
of the Landscape Code.
Other non-appealable actions taken by the Board:
. Directed staff to conduct further additional analysis of traffic patterns
before forwarding comments to the City of Boynton Beach on a
proposed extension of S. 36th Street (Gulfstream Boulevard) between
Seacrest Boulevard and Swinton Avenue.
. Directed staff to forward a letter to the County supporting the
imposition of a 60,000 square foot maximum tenant size at the
proposed 246,900 sq, ft. shopping center in unincorporated Palm
Beach County, south of the City border.
SITE PLAN REVIEW AND APPEARANCE BOARD
No regular meeting was held during this period.
HISTORIC PRESERVATION BOARD
No regular meeting was held during this period.
. '
.
.
City Commission Documentation
Appealable Items Meeting of December 5, 1995
Page 4
RECOMMENDED ACTION.
By motion, receive and file this report.
.
.
- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER eJJt"(
SUBJECT: AGENDA ITEM # 9 A . - MEETING OF DECEMBER 5 , 1995
CONDITIONAL USE REOUEST/ALZHEIMER HEALTH CARE SYSTEMS
DATE: DECEMBER 1, 1995
This is before the Commission to consider a request for condi-
tional use approval to establish an Adult Congregate Living
Facility (ACLF), with associated adult day care facility and
office facility, for Alzheimer Health Care Systems. The subject
property is a vacant 6.58 parcel located at the northwest corner
of Lake Ida Road and Congress Avenue and is zoned CF (Community
Facilities) District.
This 45,000 square foot facility is to be known as the Frances H.
Lattner Caring Center, and is to be constructed in two phases.
Phase I will consist an adult day care center. Phase II will
consist of a 120 bed ACLF, an administration and education
resources area, and a child day care center limited to use by
employees of the facility.
The Planning and Zoning Board considered this item at its meeting
of November 20, 1995 and voted 6-0 to recommend approval, subject
to the condition that the Site Plan Review and Appearance Board
approves a site plan in conformance with Land Development
Regulations and staff technical comments,
Recommend approval of the conditional use request based on
positive findings with respect to Section 3.1.1, Section
2.4.5(E) (5), policies of the Comprehensive Plan, and subject to
the condition stipulated by the Planning and Zoning Board.
~5-o
.
[IK
tlr~
CITY COMMISSION DOCUMENTATION
TO: D~DEN' CITY MANAGER
THRU: DI~ 0 IN~~
DEPARTMENT OF PLAN GAD ZONING
". 14~
FROM: CLAIRE L YTE-GRAHA~ R
SUBJECT: MEETING OF DECEMBER 6, 1995 - CONDITIONAL USE
REQUEST FOR THE ESTABLISHMENT OF AN ACLF WITH AN
ASSOCIATED ADULT DAY CARE FACILITY AND OFFICE
FACILITY, LOCATED AT THE NORTHWEST CORNER OF
NORTH CONGRESS AVENUE AND LAKE IDA ROAD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
a 120 bed adult congregate living facility (ACLF), to be known as the
Frances H. Lattner Caring Center, pursuant to LOR Section 2.4.5(E),
Establishment of a Conditional Use. The subject property is located at the
northwest corner of Lake Ida Road and Congress Avenue.
BACKGROUND:
The subject property consists of 6,58 acres and is currently vacant. 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. On October 24, 1995, the City Commission approved the rezoning of the
subject property from Planned Office Center (POC) to Community facilities (CF).
On October 20, 1995, a conditional use request (including a sketch plan and
survey) for an ACLF was submitted.
PROJECT DESCRIPTION:
The requested Conditional Use is part of a proposed facility for Alzheimers
patients to be constructed in two phases. Phase 1 will consist of an adult day
care center, and Phase 2 development will consist of a 120-bed ACLF,
administration and education resources area, and a child day care center limited
to use by employees of this facility,
.
City Commission Documentation
Alzheimer Health Care Systems - Conditional Use
Page 2
All of the above described uses, with the exception of the ACLF, are permitted
uses in the CF district. The ACLF requires Conditional Use approval. For
additional background and analysis, refer to the attached Planning and Zoning
Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board Considered this item at its meeting of November
20 , 1995. Bernice Kernhall of Rainberry Bay spoke in favor of the proposal, but
expressed concern over the proposed ingress/egress onto Lake Ida Road,
Helen Coopersmith also expressed support for the request, but voiced concern
over the proposed ingress/egress onto Congress Avenue. The Board
unanimously recommended approval on a 6-0 vote.
RECOMMENDED ACTION:
0 By motion, approve the conditional use request for the ACLF based
on positive findings with respect to Section 3.1.1, Section
2.4.5(E)(5), policies of the Comprehensive Plan and subject to the
following condition:
1. Approval by the Site Plan Review and Appearance Board of
a site plan in conformance with LDR requirements and staff
technical comments.
Attachment:
o Planning and Zoning Staff Report
. ,
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 20,1995
AGENDA ITEM: V.C.
ITEM: Conditional use approval for the establishment of an ACLF with an
associated adult day care facility and office facility, 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........................ 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................ Conditional use approval for the establishment of a 45,000 square
foot, 120 bed ACLF, with associated day care facility and
administrative functions, parking and landscaping facilities.
Water Service......................... Existing 8" 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.
V.C.
. '
1:\\\::\:::\\\:\:\\II\\\\\\\\\\I\\\\\\\\\ii\\i:\l\:\;i\\\:\\:\\\:\\\:\\\I\\\mi\g\\\I\\\i:\\\l\\\\\\g\::B\\\;i:I:::I:\\g\:\\\\:\\\\\:\:\\im\\\w\\\giIi:\\:i:\:\\ft\\1\:lil::\gI!::\\\\:\\:\\\\:\\I\\\\\\\\\\\\\\i\\\\i\\\\\\\\\\\:\\\\ii:::\Ii\\\:\:::\\\\i:1
The item before the Board is making a recommendation on a Conditional Use
request for a 120 bed adult congregate living facility (ACLF), to be known as the
Frances H. Lattner Caring Center. The ACLF is part of a proposed two phase
facility for Alzheimers patients. The subject property is located at the northwest
corner of Lake Ida Road and Congress Avenue. This request is being processed
pursuant to LDR Section 2.4.5(E), Establishment of a Conditional Use.
A Sketch Plan has accompanied the Conditional Use request. If the Conditional
Use is approved a full site plan which includes landscaping and elevations will
require approval by the Site Plan Review and Appearance Board.
1:\\:\\:::::::I~1\:::::\::\\\\\::\:\:~::\\\:\:\:::\::\1:\;\\\\:\\:\\:\\:\\::\::::\::\\\:\::\:\\\\\\\\:\:::\t:\::\:\\:\\\\::~\\l:\\\:\\:\g\:\I:\!:;I:I\\\I~:I:~g:\ll::::g\\\i\:\\\\\::\:\:::\:\~::1~\\~:\:\:\:\\:\:1~M\::t:::\::\~::;;~~~\\;~~\:\\:::~\~\:~~::\:\:~~\l::::::::::::::::::~~\;_
The subject property consists of 6,58 acres and is currently vacant. 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. On October 24, 1995, the City Commission approved the rezoning of the
subject property from Planned Office Center (POC) to Community Facilities (CF).
The applicant is now seeking Conditional Use approval under that zoning
designation to allow an ACLF.
In 1992 the Planning and Zoning Department received applications for a rezoning
of a 1.70 acre portion of the property from Planned Office Center (POC) to
Neighborhood Commercial (NC), and a conditional use request for the
establishment of a service station and convenience store on the subject 1,70 acres.
In response to the concerns of area residents regarding the proposed use, the
remaining 4.88 acres would have been donated to the Rainberry Lakes
Homeowner's Association to be maintained as a recreation area. However, the
rezoning and conditional use requests were denied by the City Commission.
I\\:\::\:::::\\:\::::::::::~::t\\:::::::::::::\:\:::\:::::::::::;:::::::t:::::::\:::I::\:::::\:::::g:\:;jl:::~::::g:::I:tt:::::::::::::::::::I:::gt":::I\::I:::ng::m:\\tIl::lt::::;:::::::::::::::f,\::::::::::::\I::;:::::::::::::::::::::::::::::::~:::::::i:::::::::~:::;::i::;::1
The requested Conditional Use is part of a proposed facility for Alzheimers patients
to be constructed in two phases. Phase 1 will consist of an adult day center (5,700
square foot one-story structure) that will accommodate 25-40 persons and 10
staff/volunteers, and operate between 7 a.m. and 9 p.m., seven days a week.
Phase 2 development will consist of a 120-bed ACLF, administration and education
resources area, and a child day care center limited to use by employees of this
facility. A low rise structure consisting of 45,000 square feet is proposed to house
the ACLF as well as the administration and educational resources. The ACLF will
be operated by approximately 40 staff persons, and will provide 24-hour continuing
care. Administration will have 15 full-time employees, and operate between 9 a.m.
and 5 p.m., five days a week. Educational resources will have two staff teaching
students, and operate between 9 a.m. and 10 p.m., five days a week or less. The
child day care center will service on-site employees and be located in a one story
structure.
,
.
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 2
All of the above described uses, with the exception of the ACLF, are permitted uses
in the CF District. The ACLF requires Conditional Use approval.
111:1ff1:~::::::1:::!::::::::::::::1:11::i:::~:::::!1:::::::::::::::::::::i::::::::::::::::::::l::::::l::::::::1::::I:::I:::I:~:m:::I::::B.:::m::!I!::::::::1::1:UiE:::I:!I:::I::I:!I:::I::I::::~:::::::::::;1::::::::::::::::!:11~!:1:!:::::::::::::i:::~:iI::::~11:!:~::::::::~:::::::::::m::!:1
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 apprQve 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 subject property has a Future Land Use Map (FLUM) designation of
Transitional and has recently been rezoned to Community Facilities (CF). The CF
District is consistent with all land use designations.
As previously noted, the adult congregate living facility is permitted as a Conditional
Use in the CF zone district. The other proposed uses for the site - adult day center,
administration and educational resources, and child day care - are permitted in the
CF zone district.
Based upon the above, a positive finding with respect to consistency with the FLUM
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.
Water: Water service is available to the site via water main extensions into the site
from a 12" water main in Lake Ida Road and an eight inch water main in Congress
Avenue.
The nearest existing fire hydrant is located at the northeast corner of Congress
Avenue and Lake Ida Road, across from the property. The installation of additional
fire hydrants and an automatic fire sprinkler system will be required, Information
regarding these required installations along with fire flow information will need to be
submitted at the time of site plan review.
.
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 3
Sewer: Sewer service is available via connection to an existing gravity system
(eight inch main) in Rainberry Lakes Drive. In addition, sewer service is available
approximately 900 feet north of the property via an existing lift station. Positive
findings regarding sewer service will be required at the time of site plan approval.
Drainage: The submitted Sketch Plan depicts a swale to be installed along the
site's western property line. Permits from the South Florida Water Management
District and the Lake Worth Drainage District will need to be obtained for surface
water management.
Streets and Traffic: The property has access via Congress Avenue and Lake Ida
Road. The applicant has submitted a traffic impact study for the projecL~ The study
indicates that the site would generate a total of 547 trips, with 58 trips occurring
during the a.m. peak hours and 73 trips during the p.m. peak hours.
The Palm Beach County Traffic Division has determined that the project meets the
requirements of the Palm Beach County Traffic Performance standards.
A 25-foot wide internal road with access to Congress Avenue and Lake Ida Road is
proposed to be constructed in two phases. A portion of the road, including the
entrance at Congress Avenue, will be constructed at Phase 1. The entrance at
Congress will include a landscaped median. The remaining portion of the road and
the access to Lake Ida Road is proposed to be constructed in Phase 2. There is
some concern with this access point. The absence of a median on Lake Ida Road
would allow left turns onto Lake Ida Road from the site, which would create a
hazardous situation. The existing shopping center ingress/egress directly opposite
the proposed access, and the proximity of the access to the entrance to Rainberry
Lakes Subdivision, also pose potential problems. It may be necessary to limit the
access to right-in/right-out movements only, or to deny it altogether. This issue will
be addressed with the site plan for Phase 2.
.
Solid Waste: There are no specific solid waste generation figures established by
the Solid Waste Authority for the proposed conditional use. Using
nursing/convalescent home generation figures for the ACLF, the use will generate
103.3 tons of solid waste per year. Capacity exists to service this demand.
Consistency: Compliance with performance standards set forth in Chapter
3.1.1 along with required findings in Section 2.4.5(E)(5) (Conditional Use
Findings) shall be the basis upon which a finding of overall consistency is to
be made. Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency.
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.
,
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 4
Pursuant to Section 2.4.5(E)(5) in addition to provisions in chapter 3, the City
Commission must make findings that establishing the Conditional Use will
not:
Have a significantly detrimental effect upon the stability of the
neighborhood within which it is to be located;
Nor that it will hinder development or redevelopment of nearby
properties.
The proposed use is directly adjacent to residential development to the north and
west (Rainberry Lakes). Properties to the south and east are developed with
commercial, industrial, and office uses. As the adjacent neighborhood is a stable
residential area, compatibility of the site with the neighborhood is a key issue for
the approval of this project.
Section 4.4.21 (H)(2) requires that when property zoned Community Facilities (CF)
is located adjacent to residential zoning, the perimeter landscape area be
increased to a depth of 15 feet. A berm, approximately 4-5 feet high, exists on the
northern and western property lines of the site. A four-foot high masonry wall, to be
constructed along a portion of the northern property line, will provide a barrier
between Phase 1 development and residential properties to the north. After the
completion of Phase 1 development, this wall will be extended along the remaining
northern property line. In addition, Pursuant to Section 4.3.4(H)(6)(b) (Special
Landscape Setbacks), a 30' landscape buffer is required along Congress Avenue.
The south 1/2 of the site will be retained as open space which will help to buffer
and screen from view the structures on site. This open space may be used in the
future to expand the proposed facility, or to accommodate another permitted use. "
Any proposed intensification of the ACLF may require a conditional use
modification which would require further public hearings.
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.
,
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 5
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 four 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 D-1.1 All new development shall provide for the
installation of sidewalks or otherwise accommodate pedestrians so that a
pedestrian does not have to use vehicular travelways to access common
areas or neighboring properties.
No sidewalks are indicated on the sketch plan. Installation of sidewalks on-site and
in the Lake Ida Road r-o-w 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.
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 with this proposal. Complete
engineering plans, including a landscape plan with information on tree preservation
and removal, will be required at the time of site plan submittal. The submitted
sketch plan is the basis for the following review.
LDR Section 4.3.4(K) Development Standards Matrix:
Landscape islands are required for every ten parking spaces. Several of the rows ,
depicted on the Sketch Plan exceed this requirement. Landscaping for parking
areas, including other previously mentioned landscaping requirements will need to
be depicted on the landscape plan. Engineering plans should provide more
detailed information on the phased development of the proposed internal road, and
internal pedestrian and vehicular circulation, The engineering plans should also
depict proposed locations of screened dumpster/refuse areas,
LDR Section 4.3.3(C) Adult Congregate Living Facility (ACLF):
Floor Area
Rooms: Resident sleeping rooms designed for single and multiple
occupancy shall contain minimum inside measurements in compliance with
. '
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 6
the requirements of the State Department of Health and Rehabilitative
Services.
Common Area: A minimum of 10% of the total floor area of an ACLF shall be
devoted to a common area wherein a variety of recreational or therapeutic
activities may occur. This floor area shall be calculated exclusive of halls,
corridors, stairs, elevator shafts, and garages.
The ACLF will occupy a total of 35,000 square feet in a 45,000 square foot three
story structure. Floor plans for the proposed structure have not been submitted.
Sleeping room and recreational area requirements will need to be adhered to and
addressed at the time of site plan review for Phase II.
Required Recreational Space
ACLF(s) located in nonresidential zone districts shall provide a usable
outdoor passive recreation area integrated into the ACLF of 35 square feet
per resident in addition to any required open space, landscaping, and
setback areas.
Approximately 40% of the site is to be used as open space. However, this portion
of the site may also be utilized in the future for expansion of the proposed facility,
or for another permitted use. Any future development would be subject to further
review, conditional use modification, and public hearings.
Appearance
An ACLF located in a residential district shall have elevations which are
residential in character.
This requirement does not apply as the proposed conditional use is not located in a ,
residential district.
The following additional regulations are highlighted at this time:
Landscaping:
No landscape plan has been submitted at this time. The submission of a
landscape plan meeting all requirements of Sections 4.4.21(H) and 4.6.16 will be
required with the site plan proposal. Site Plan approval will be a condition of this
approval, if granted. Along with the required landscape plan, the applicant must
submit a tree survey as discussed previously.
,
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 7
Parking:
The parking requirement for an ACLF is one space per four beds. The ACLF will
have 120 beds, requiring a total of 30 parking spaces. The application states that
23 parking spaces will be provided for the ACLF, leaving a deficit of seven parking
spaces. However, the Sketch Plan depicts approximately 100 parking spaces for
the entire facility. The provision of parking for the ACLF will be addressed at the
time of site plan approval for Phase II. In addition, although not depicted on the
Sketch Plan, handicapped parking spaces will be required.
1:::::::::::::Ii:::::::;::::::::I::i:::::::i::::::~:::~:~:::::::::::i:I:~::~:::::i::::::::::::~:i::~:::::::::I!::gi:I::~:::li:.!:!::;i!:::::::::I:il::!::::::i:::i::::g:tj~!illliiil:::I!i:;::i:i::::Ii::!::::::::tI!:I;::::::~:!:Illilii;::i;!!::::::::::l::::i:::::::ii1:::::::::::::1
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 500' 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 the following people who have requested
notification of petitions in that area:
Helen Coopersmith Lillian Feldman
PROD Delray Properties Association
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
I::::::::::::::::i:i:::::::::;::::::::i!iiii:i::::i::i::::::i:ii:i::I:::3ii:$.!iiig!il,i::@:i:iM;:li!:B.::lID::::!;!::!::;::::I:!:N:!:R:!:!!!!!:i:!:::::::g:::li!Jj:i!g:Jf:i:I~:!@i::I::I:::N:::i;:iiiii::::::::::;:ii::ii::ii:i::i:::::!::;I:!;!::::;:::i::::il
The requested Conditional Use for an ACLF is in keeping with the other proposed
uses that are permitted in the CF district (i.e. adult day care center, administration,
and educational resources, child day care center). Adequate controls are in place
(e.g. requirement of rezoning or conditional use modification) to provide for
.
Planning and Zoning Board Staff Report
Alzheimer Health Care Systems - Conditional Use Approval
Page 8
additional Board review and public input regarding any future intensification of the
site. Based on the submitted sketch plan, adequate provision will need to be made
in regard to landscaping, parking, and internal pedestrian and vehicular circulation.
Positive findings with regard to performance standards for approval per the
requirements of LOR Section 3.1,1 (Required Findings) and LOR Section
2.4.5(E}(5} (Conditional Use Findings) can be made.
\:::::::i::::::::::::::::::::::::::i::i:::@:::::i::::::::::::::::i:\i::iii::i\:::ii:::::::::::I;::.:li,i;:::I:iH::re;:::m::J.::g:::II:i::::::::::I:il:lw:::i:::I::I.:il:::!::\ii,{i:l::::l:iili~i:j:jjlji~:~iliji:l::g~::~:::::l:ji:j::::jj~i:::j:l:j:::i::::1
A. Continue with direction.
S. Recommend approval of the proposed conditional use, :=rbased on
positive findings with respect to Section 2.4.5(E}(5} (Conditional Use
Findings), Section 3.1.1 (Required Findings), and policies of the
Comprehensive Plan.
C. Recommend denial of the proposed conditional use, based on a failure
to make positive findings with respect to 2.4.5(E)(5) (Compatibility).
1[:\::ii~::::i::::~:::::I:::ifi,{::;:::I::::::::\~::::::;:::\::\:;;~:::I\::::I:::m~I::::fii:li::\:::::i::::iiB.i:I:::gi:I:::M:il:II\::B.::::g:\ill:\:I::lljl:::i::::i;:~ili:;~:\;jlj~i~~~:\i::i::::::::::::i::::::i:::ji::::::i:::::::::::::\::::1
Recommend approval of the proposed conditional use, based on positive findings
with respect to Section 2.4.5(E}(5) and policies of the Comprehensive Plan with the
following condition:
* Approval by the Site Plan Review and Appearance Board of a site plan in
conformance with LOR requirements and staff technical comments.
Attachments: ,
o Location Map
o Reduced Sketch Plan
o Reduced Survey
Staff Report Prepared by: Claire Lyte-Graham. Planner
Staff Report Reviewed by Diane Dominguez, Planning Director on November 13,
1995.
U:\GRAHAMC\ACLFREP.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERb'J1/1
SUBJECT: AGENDA ITEM * q. B, - MEETING OF DECEMBER 5. 1995
CONDITIONAL USE REOUEST (PLACE OF ASSEMBLY FOR
COMMERCIAL PURPOSES/AMPHITHEATER AT THE OCEAN CITY
LUMBER COMPLEX)
DATE: DECEMBER 1, 1995
This is before the Commission to consider a request for
conditional use approval to allow the establishment of a place of
assembly for commercial entertainment purposes (amphitheater) at
the Ocean City Lumber complex within the CBD (Central Business
District) . The subject property is located on the east side of
N.E. 2nd Avenue, between Atlantic Avenue and N.E, 1st Street, and
contains 2.5 acres.
The development proposal includes modifying the site to
accommodate a permanent stage (576 sq.ft.) with a covered canopy,
a 256 sq. ft. room attached to the rear of the stage, and
permanent restroom facilities. The site will be available for
musical concerts and other entertainment Monday through Sunday,
from 6:00 p.m. until 12:30 a.m. Special events will be limited
to no more than five (5) per calendar year with a seating
capacity of up to 2,500 people, A complete analysis, including
details on a parking management plan and an event plan, is
provided in the attached staff report.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995. There was no public testimony.
After discussion, the Board voted 6 to 0 to recommend that the
conditional use be approved, subject to the conditions outlined
in the Planning Department's memorandum.
Recommend approval of the conditional use request to establish a
place of assembly for commercial entertainment
purposes/amphitheater at the Ocean City Lumber complex, based
upon the findings and recommendation of the Planning and Zoning
Board.
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CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM: Y A. COSTEllO
PLANNER
SUBJECT: MEETING OF DECEMBER 5, 1995
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A PLACE OF ASSEMBLY FOR COMMERCIAL
PURPOSES I AMPHITHEATER AT THE OCEAN CITY LUMBER
COMPLEX;
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval of a
Conditional Use request to establish a place of assembly for commercial
entertainment purposes / amphitheater at the Ocean City lumber
Complex.
The subject property is located at the southeast corner of N.E. 1st Street
and N.E. 2nd Avenue, within the CBD (Central Business District) zone
district.
BACKGROUND:
The development proposal is to establish a place of assembly for commercial
entertainment / amphitheater at the Ocean City lumber complex.
The development proposal includes modifying the site to accommodate a
permanent stage (576 sq,ft.) with a covered canopy, a 256 sq.ft. room attached
to the rear of the stage, and permanent restroom facilities. The site will be
available or musical concerts and other entertainment Monday through Sunday
6:00 p,m. to 12:30 a.m. Special events will be limited to no more than 5 per
calendar year with a seating capacity of up to 2,500 people. For regular events,
a portion of the existing parking area will be enclosed by a temporary fence with
. ,
.
City Commission Documentation
Meeting of December 5, 1995
Place of Assembly for Commercial Entertainment Purposes I Amphitheater at the Ocean City
Lumber Complex - Conditional Use Approval
Page 2
ticket booths, while a majority of the parking will be enclosed during special
events. Within the enclosed area, temporary reserved and general admission
seating will be installed with vending booths around the perimeter of the
enclosed area. In addition, employees and approximately 20 security personnel
will be available to oversee the concerts/events. While the historic F,E.C.
railroad station is indicated on the plans, it is not part of the conditional use
request and is being processed separately as a non-impacting site plan
modification.
As part of this proposal, a parking management plan and event plan were
requested by staff in order to ensure availability of parking, alleviate conflicts with
other events and to ensure public safety. Additional background and an analysis
of the request are found in the attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 20, 1995, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. There was no public
testimony regarding the proposal. The Board voted 6-0 (Young absent) to
recommend that the Conditional Use request be approved subject to the
following conditions:
A. Submission of a full site plan application to be processed pursuant to
Section 2.4.3 of the Land Development Regulations and to address the
attached "Technical Items",
B. That normal operations be limited to Monday through Sunday, 6:00 p. to
12:30 a.m. with a maximum 500 people;
C. That special events be limited to 5 times per calendar year with operating
hours of 6:00 p.m, to 12:30 a.m.;
D. That the Parking Management Plan, Event Plan and the Police
Department recommendations listed under the "Event Security" section of
this staff report be adhered to;
E. That off-site parking agreements be obtained from private property
owners to utilize their parking facilities during special events;
F. That the temporary fencing, seats, and booths be removed after each
event in order to ensure parking for day time activities of the businesses
within this development;
. '
.
City Commission Documentation
Meeting of December 5, 1995
Place of Assembly for Commercial Entertainment Purposes / Amphitheater at the Ocean City
Lumber Complex - Conditional Use Approval
Page 3
G. That if the TCEA is not adopted, a full traffic impact study in compliance
with the Palm Beach County Traffic Performance Standards must be
submitted and deemed acceptable in order to establish the proposed use;
and,
H. That the use may be subject to future requirements to participate in the
funding of parking to accommodate patrons who park in public spaces; or
may be subject to changes in regulations regarding required parking for
assembly uses in the original DDA area.
RECOMMENDED ACTION:
Approve the conditional use request to establish a place of assembly for
commercial purposes / amphitheater at the Ocean City Lumber Complex based
upon the findings and recommendation of the Planning and Zoning Board.
Attachment:
0 P & Z Staff Report and Documentation of November 20, 1995
S:REPORT/CCOCEAN.DOC
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,
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.E.
ITEM: Conditional use request for the establishment of a Place of Assembly
for Commercial Entertainment Purposes I Amphitheater at the Ocean
City Lumber Complex, located at the southeast corner of N.E. 2nd
Avenue and N.E. 1st Street.
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GENERAL DATA:
Owners..................... ....... ........... ........ ....... Janet Onnen
Ocean City Properties, Ltd.
Agent................... ......... .................... ......... George Brewer, Architect
Location.................................................. .. Southeast corner of N.E. 2nd Avenue and N.E. 1st Street.
Property Size....,....................................... 2.5 Acres
Future Land Use Map............................... Commercial Core
Current Zoning.......................................... CBD (Central Business District)
Adjacent Zoning......... ...... ...... ......... North: CBD
East: CBD
South: CBD
West: CBD
Existing Land Use.................................... Four industrial buildings which are in the process of being converted to
accommodate commercial uses, along with the installation of parking,
landscaping and pedestrian walkways.
Development Proposal.............................. Conditional use request for the establishment of a 2,500 seat
amphitheater. The amphitheater will be located in the courtyard and
parking lot of the Ocean City Lumber site.
Water Service........................................... Existing on site.
Sewer Service........................................... Existing on site.
V.E.
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The action before the Board is that of making a recommendation to
the City Commission on a Conditional Use request and attendant
sketch plan to establish a "place of assembly for commercial
entertainment" I amphitheater at the Ocean City Lumber
Complex, pursuant to Section 2.4.5(E).
The subject property is located at the southeast corner of N.E. 2nd
Avenue and N.E. 1st Street.
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The subject property consists of Lots 1-3, Onnen Subdivision which is within the
original Block 84, Town of Delray. The property contains 2.5 acres and 4
existing buildings. The structure at the northeast corner of the site was
constructed in 1948 and is now occupied by Meisner Electric Company. The
structure at the northwest corner of the site was constructed in 1925, and was
previously utilized as a warehouse for Ocean City Lumber. This building is also
currently occupied by Meisner Electric. The structure on the south side of the
property was constructed in 1920 with an addition constructed in 1952. The
building was owned and occupied by Ocean City Lumber Company. The
structure along the west side of the property was constructed in 1964 and
utilized by Ocean City Lumber as a warehouse for storage of materials. The
building is currently occupied by the Palm Beach Photography School.
On December 20, 1993, the Planning and Zoning Board approved the
preliminary plat for the Onnen Subdivision, a replat of a portion of Block 84,
Town of Delray (7 lots to 3 lots). At that same meeting, the Board also
recommended approval of the abandonment of the remaining north 302 feet of
the north/south alley which bisected this Block.
On January 26, 1994, SPRAB (Site Plan Review and Appearance Board)
approved a minor site plan modification, landscape plan, and building elevations
for the Ocean City Lumber Complex, The development proposal included a 997
sq.ft. building addition for Meisner Electric and the installation of parking,
landscaping and a pedestrian courtyard to accommodate the conversion of the
industrial buildings to retail, office and restaurant uses. On March 22, 1995, the
City Commission approved the final plat for the Onnen subdivision. The
proposed improvements associated with the site plan are currently under
construction, Non-Impacting modifications to the site plan were approved in
1994 and 1995.
I
.'
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 2
On October 6, 1995, a request (application) for Conditional Use approval was
submitted to establish a "place of assembly for commercial entertainment" /
amphitheater for the Musicians Exchange at the Ocean City Lumber complex
and is now before the Board for action. The Musicians Exchange has since
withdrawn from the proposal, however, the property owner is proceeding with the
req uest.
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The development proposal is to establish a "place of assembly for commercial
entertainment" / amphitheater at the Ocean City Lumber complex.
Musical concerts and other entertainment will be available Monday through
Sunday 6:00 p.m. to 12:30 a.m. Special events will be limited to no more than 5
per calendar year with a seating capacity of up to 2,500 people. The
development proposal includes modifying the site to accommodate a permanent
stage (576 sq,ft.) with a covered canopy, a 256 sq.ft. room attached to the rear
of the stage, and permanent restroom facilities. For the events, a majority of the
existing parking area will be enclosed by a temporary fence with ticket booths.
Within the enclosed area, temporary reserved and general admission seating will
be installed with vending booths around the perimeter of the enclosed area. In
addition, employees and approximately 20 security personnel will be available to
oversee the concerts/events. While the historic F.E.C. railroad station is
indicated on the plans, it is not part of the conditional use request and is being
processed separately as a non-impacting site plan modification.
As part of this proposal, a parking management plan and event plan were
requested by staff in order to ensure availability of parking, alleviate conflicts with
other events and to ensure public safety. Those plans are discussed below.
Parking Management Plan
The applicant submitted a Parking Management Plan to determine that adequate
parking is available within "walking distance" (1/4 mile) of the event. The
Downtown Joint Venture Group shall be contacted when scheduling events so to
avoid or minimize any potential conflicts within the surrounding downtown area.
All available spaces are based on the City and CRA owned parking lots.
Privately owned spaces have not been figured into the plan with the exception of
leftover spaces on the property owned by Ocean City Lumber Co. All parking
spaces available are on a first come first serve basis. No valet parking or shuttle
services are planned for at this time.
Disabled parking spaces shall be located on site at the southeast comer.
Currently, there are eight standard parking spaces which shall be converted into
disabled parking spaces for the day of the event. Signs indicating IiParking for
Disabled Only Ii, shall be erected 8 hours prior to the lispecial event" starting
time. Type of sign and redesign shall be coordinated with the City of Delray
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Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 3
Beach Engineering Department. Additionally, 5 disabled spaces are to be
provided in the proposed parking lot between 2nd and 1st Avenues (Block 76).
Staff and vendors shall be instructed, by events promoter, to park their vehicles
in the City Owned parking just east of the site (Block 92). Using a ratio number
of 2.5 persons per car, the total parking demand for a special event would be
1,024 spaces. The Location Map and list of available spaces are attached (See
Exhibit A).
Event Plan
Proposed Hours of Operation:
The amphitheater events with a seating capacity of up to 500 will take place
Monday through Sunday, 6:00 p.m. - 12:30 a.m., rain or shine. Special events
will be limited to 5 with a seating capacity of up to 2,500 people. While the
events will end at 12:30 a.m., the amphitheater area will remain open to allow for
people exiting the site and clean-up/breakdown of temporary seating, vending
booths, fencing, etc. Excluding any required emergency vehicle circulation into
and through the site.
It shall be the event promoter's responsibility to return the site to its normal
condition, ready for public use, before the hours of operation expires. All trash,
temporary trash receptacles, vendors, seating, temporary sound and lighting
equipment and fencing shall be removed from site or stored in their designated
locations, Any damaged landscaping, lighting or any other property owned by
Ocean City Lumber Company shall be placed 24 hours prior to the next
scheduled weekend event,
Citv Coordination:
The Downtown Joint Venture Group shall be contacted to schedule all events to
avoid any potential conflicts with other major events going on simultaneously (i. e.
Tennis tournament). Any cancellations or schedule changes shall be brought to
their attention prior to public knowledge.
Security:
Four admission/egress gates are being provided, two facing onto N.E 2nd
Avenue and two facing onto the F.EC. alley. All gates shall open to a ten foot
wide clear opening and be staffed at all times during the hours of operation by
two or more personnel. Police security demands shall be coordinated through
the City of Delray Beach Police Department. A minimum of two City police
officers will be located inside the theater to monitor alcohol sales and one officer
will be located at the ticket booth. Alcohol sales are to be suspended 30 - 45
minutes prior to the end of the concert. Ticket sales will be advertised through
Ticketmaster. Tickets will be sold at the Main Gate on N.E 2nd Avenue. All
gates shall accept pre-purchased tickets for entry and allow free access to and
.
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 4
from the site, at all times. No coolers, large containers or chairs shall be
allowed on site. Any bags, blankets, etc. shall be subject to a search prior to
admittance. During free events no fencing shall be erected.
Restrooms:
Permanent restrooms shall be provided for on site and be open to the public 2
hours prior and all during the event hours of operation. Plumbing count shall
meet or exceed the minimum required by the City of Delray Beach Building
Official.
Trash:
Trash containment and removal will be coordinated with Waste Management,
Inc.. Waste Management will provide the containers that will be utilized within
the enclosed area as well as an additional dumpster for the events.
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CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the
following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent with the land use
designation.
The subject property has a Future Land Use Map designation of Commercial
Core and is zoned CBO (Central Business District). The zoning is consistent
with the FLUM designation. Within the CBO, "place of assembly for commercial
entertainment" I amphitheater is allowed as a conditional use [ref. LOR Section
4.4.28(0)(3)].
Certain conditional uses that are allowed within commercial, industrial, and
mixed use districts can be characterized as outside uses. Such operations may
be conducted outside when specifically determined through the conditional use
process that the outside aspects of the use are appropriate. Conditions may be
applied to mitigate visual and other impacts [ref. LOR Section 4.6.6(A)(2)].
Based upon the above positive findings can be made with respect to consistency
with the Future Land Use Map.
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Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 5
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Positive findings with respect to water, sewer, drainage, parks and recreation
facilities were made with the preliminary plat approval of 1993. It is noted that
the development proposal includes the installation of a restroom facility that can
accommodate an amphitheater with a capacity of up to 2,500 people. There are
adequate water treatment and sewer treatment facilities to accommodate this
demand. Traffic Concurrency and Solid Waste are discussed below.
Streets and Traffic:
A traffic impact study has not been submitted. The City is currently processing a
TCEA (Traffic Concurrency Exemption Area) designation for the area
encompassed by the CBD, OSSHAD (Old School Square Historic Arts District)
and the West Atlantic Avenue Business Corridor. The TCEA has been
transmitted to the Florida Department of Community Affairs (DCA) in conjunction
the City's annual Comprehensive Plan Amendment 95-2. Adoption of this
designation is anticipated at the City Commission meeting on December 5, 1995.
The TCEA exempts the above described areas from complying with the Palm
Beach County Traffic Performance Standards Ordinance. Thus, if the TCEA is
adopted, a traffic study will not be necessary for concurrency purposes.
However, if the TCEA is not adopted, a full traffic impact study in compliance
with the Palm Beach County Traffic Performance Standards must be submitted
and deemed acceptable in order to establish the proposed use.
It should also be noted that while a traffic study is not necessary at this time, a
study identifying the number of daily trips generated by the amphitheater may be
necessary in order to assess impact fees. Based upon the above a positive
finding with respect to traffic concurrence can be made.
Solid Waste:
The proposal calls for an amphitheater encompassing 10,000 sq.ft. with a
seating capacity of 500 people, and 5 special events encompassing 34,000 sq.ft.
with a seating capacity of 2,500 people. Utilizing the Solid Waste Authority trash
generation rates, trash generated each year by a 10,000 sq.ft. theatre should be
115,000 pounds per 1,000 sq.ft. or 58 tons per year with increases associated
with special events. It is noted however, that the proposed amphitheater is not
anticipated to be in operation every night, the actual trash generated will be far
less than indicated. In any event, the trash generated by the proposed use can
be accommodated by existing facilities, therefore, a positive finding with respect
to this level of service standard can be made.
. '
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Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 6
CONSISTENCY: Compliance with performance standards set forth in
Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional
Use request shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were identified.
SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is surrounded by the CBO zone district. The adjacent land
uses are commercial uses with some second floor apartments and municipal
parking lots.
Compatibility with the surrounding commercial uses is not a major concern. The
amphitheater will be available at nights maximum capacity of up to 500 people,
The special events are limited to 5 times a year with a maximum capacity of
2,500 people. In order to ensure compatibility, the hours of operation will be
limited to no later than 12:30 a.m. The stage will be located within the courtyard
area of the development facing east which will direct the sound towards the
downtown area and from the residential areas to the west. Impacts with respect
to available parking are discussed under the "Parking" section of this report. The
proposed use will not have a detrimental effect on surrounding properties. The
proposed use will attract people to the downtown at night, and should stimulate
other business and encourage development or redevelopment of nearby
properties.
COMPLIANCE WITH lAND DEVELOPMENT REGULA TIONS:
The proposed use will be in compliance with the land Development
Regulations. If the Conditional Use is approved, a full site plan submittal
complying with the land Development Regulations will be required. Along
with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following "Technical Items" were identified.
.
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 7
Parking
Pursuant to LOR Section 4.4.13(G)(1 )(a), within this area of the CBO zone
district, between N.E. 1st and S.E. 1st Streets, parking requirements shall apply
to new floor area only at a rate of 1 space per 300 sq.ft., in addition to
replacement of any previously required parking which may be eliminated. A 51-
space on-site parking lot is currently under construction on the east side of the
property. This parking lot was not required for the conversion of the existing
structures to commercial uses, as the existing conditions were lawfully
nonconforming. The proposed 10,000 sq.ft. amphitheater area is required to
provide 34 parking spaces. These spaces are available within the 51-space on-
site parking lot currently under construction. This parking lot will be partially
enclosed and available for parking during the regular events, however, during
the proposed 5 special events, the parking will be totally enclosed and
unavailable.
Based upon the above parking calculations, the 34,000 sq.ft. amphitheater for
special events would be required to provide 114 parking spaces. If the
proposed amphitheater was not located within this area of the CBO, 834 parking
spaces would be required [LOR Section 4.6.9(C)(6)(a)]. The basis for the
reduced parking requirement within this area of the CBO zone district is the
availability of public parking in the area, and to provide an incentive which may
encourage the development and redevelopment of the City's Central Business
~istrict.
However, LOR Section 4.6.9(E)(4)(a) states that in instances where uses and/or
facilities have large parking demands/requirements and which are otherwise
subject to conditional use approval (e.g. places of assembly, stadiums, etc.) such
parking may be provided off-site in accordance with the following:
(a) Approval of such off-site parking may be granted by the body which has
approval authority of the related conditional use.
(b) A parking and transportation plan must be presented in order to obtain
such approval. The plan must identify parking areas and demonstrate
the manner in which transportation to the use site, security, maintenance,
and related matters will be accommodated.
(c) Easements, agreements, or other appropriate legal documents which
assure continued availability of such parking shall be required as part of
the parking and transportation plan,
A Parking Management Plan has been submitted which indicates that there are
1,478 available parking spaces in the downtown area which could be utilized for
the special events and that the maximum parking demand (for special events,
limited to 5 per year) would be 1,000 spaces. The number of available spaces
,
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 8
did not take into account the Cason Cottage, City Attorney's office, and the
proposed CRA parking lot on the former Love duplex property (177 total spaces).
As the parking plan identifies public parking spaces, an agreement is not
required. There have been concerns raised with respect to the parking demands
created by the proposed use, especially at the Old School Square. While the
amphitheater has a seating capacity of 2,500 for special events, audiences will
normally be 400-500, which would not be impacting on the parking demands
throughout the CBD. Further, special events are to be coordinated through the
Downtown Joint Venture in an attempt to alleviate conflicts with other events
which generate large parking demands. In order to alleviate these concerns over
parking, it may be appropriate for the applicant to secure off-site parking
agreements for privately owned parking lots in the surrounding area which are
not utilized during evening hours i.e. old Winn Dixie building, Rose Auto Parts,
Sun Bank, First Federal Bank. If these parking areas are utilized, applicable
parking agreements and/or easements must be executed.
It should also be noted that other applicants are proposing similar activities within
the downtown area, which will create similar demand on the available public
parking. While the City and the Joint Venture have worked to encourage night
life downtown and do not wish to impose burdensome regulations that would
make these activities infeasible, in the future, it may be appropriate to require
that these uses contribute to the provision of parking to accommodate the
demands. The City will be monitoring parking over the next year or two to
assess the impacts of these uses. Any future ordinances which require the
addition of parking for assembly type uses, or the participation in a fund to
provide parking to accommodate special events, may be applied to this particular
conditional use.
These items have been transmitted to the applicant and will need to be
addressed with the full site plan submittal.
1. Pursuant to LOR Section 5.3.1.(0)(2), the required right-of-way width for N.E.
2nd Avenue is 60 feet and only 50 feet exists. Therefore, this development is
required to dedicate 5 feet of right-of-way. However, this requirement may be
waived provided the City Engineer is supportive of such a request. The
applicant should submit a letter requesting this requirement be waived [ref.
LOR Section 5.3.1 (0)(4)].
2. Emergency access should be provided at the parking area south of the
assembly area and designated as such. While access can be taken through
the alley at this time, it is noted that there is a Lease Agreement with F.E.C.
railroad which has a termination clause either party may execute at any time.
In the event F.E.C. terminates the agreement for the road, alternative access
will be necessary. The most logical access point would be from the main
driveway on 2nd Avenue. This would have an impact on the proposed
amphitheater layout and may require modifications to the stage.
.
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 9
3. Pursuant to LDR Section 4.6.16(H)(3)O), each parking row must end with a
landscape island. The proposal calls for the elimination of a landscape island
adjacent to the 2nd Avenue driveway. In order to eliminate this island a
waiver must be granted by the City Commission.
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Noise Control Ordinance (Ordinance 99)
As the outdoor events/concerts will exceed the decibel levels allowed by the
Noise Ordinance, a variance to the noise ordinance is required. The anticipated
decibel levels of the outdoor concerts are 100 decibels while the trains that
frequently pass generate 105 decibels. At its meeting of November 16, 1995,
the Board of Adjustment reviewed the variance request and recommended
approval subject to the conditions that the decibel levels not exceed 110
decibels, and that the variance be based on the stage location indicated on the
site plan (see attached sketch plan).
Event Security
The Police Department has met with the applicant and Planning staff regarding
the proposal on November 3, 1995. Pursuant to a memorandum from Major
Richard M. Lincoln, Field Operations Bureau, the following are the Police
Departments recommendations regarding the proposed use.
1. The operator will contract with off-duty Delray Beach Police officers to
provide security during the events on Friday and Saturday evenings.
Depending on the act and the anticipated crowd, the Police Department
will have the final say on the number of police officers to be assigned.
The applicant stated that the average anticipated number of attendees
would be 400 to 500, however, there is a capacity of 2,500. In the event
that a normal crowd (400 to 500) is anticipated, a minimum of (5) Delray
Beach police officers would typically be assigned. Their responsibilities
would be:
a) One (1) officer assigned to the ticket booth. This will be the only
location tickets will be purchased.
b) Two (2) officers assigned to the courtyard area to monitor sale of
alcoholic beverages as well as periodic walk-thrus in the amphitheater.
c) Two (2) officers assigned perimeter patrols for both monitoring of the
gate areas as well as ensuring that no pedestrian bystanders gather
along the FEC right-of-way outside the fence area. These perimeter
. '
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 10
officers will also periodically check on the parked and unattended
vehicles of the attendees.
2. The operator will provide staff security to monitor activity in the restrooms
as well as inside the amphitheater area, focusing upon disorderly conduct
and/or the use of illegal drugs. Staff security will notify and alert police
security personnel as needed.
3. The operator will provide a walkie-talkie to a Delray Beach detail officer so
that immediate communication between police and staff security
personnel is possible.
Restoration of Parking Area
The parking area within this development must be made available for businesses
during the daytime hours. Therefore, during special events, the temporary
fencing, seating and vending booths must be removed after every event. The
applicant has been made aware of this requirement which has been attached as
a conditional of approval.
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The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board).
Downtown Development Authority:
At its meeting of October 18, 1995, the DDA reviewed the conditional use
request and recommended approval of the proposal. However, the DDA had
concerns with regard the hours of operation, additional site and street lighting,
conflicts with the Tennis Center and Old School Square, and restricting use of
certain lots adjacent to Old School Square i.e. Cason Cottage, CRA lot west of
Swinton Avenue.
Community Redevelopment Agency:
At its meeting of November 9, 1995, the CRA reviewed and recommended
approval of the conditional use request.
Pineapple Grove Mainstreet Committee:
At its meeting of November 8, 1995, the Committee reviewed and recommended
approval of the conditional use request.
.
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 11
Parking Management Team:
At its meeting of November 9, 1995, the Parking Management Team reviewed
and recommended approval of the conditional use request, however they had
concerns with respect to availability of parking for other uses, in particular, Old
School Square.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a site plan modification submittal will
follow. Final action on the site plan modification submittal will rest with the
SPRAB (Site Plan Review and Appearance Board). The site plan must
accommodate concerns raised through the conditional use petition, and address
the listed "Technical Items".
Special Courtesy and Public Notices:
Courtesy notices were provided to the following homeowner's associations and
civic organization:
0 Old School Square Homeowner's Association
0 Delray Beach Chamber of Commerce
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. Letters of objection or approval, if any, will presented at
the Planning and Zoning Board meeting.
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The proposed use is consistent with the policies of the Comprehensive Plan as
well as Chapter 3 of the Land Development Regulations. Positive findings can
be made with respect to LOR Section 2.4.5(E)(5) (Conditional Use Findings) of
the Land Development Regulations. In conjunction with the conditional use
request, a Parking Management Plan and Event Plan. Compatibility with the
surrounding commercial properties is not a concern as the events will be limited
to a maximum of 500 persons, and that special events are limited to 5 per
calendar year, with operating hours of 6:00 p.m. to 12:30 a.m. There have been
concerns expressed with respect to the availability of parking in this area. In
order to alleviate these concerns, it is appropriate for additional parking to be
provided by obtaining off-site parking agreements with privately property owners
in the surrounding area to utilize their parking facilities during events. The
"Technical Items" listed in the report will be addressed during the site plan
modification process.
,
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 12
I ' : .' .., ................ . I
::::,::::::::::I:::,:,:::::::::::::::::!:::::::!::::::::::::::::;:::::::':,::::::::;::::::::::::,::::::::::::::,:::::i:::,J;':mJ.8ml::\I:::rn::l:::I:::I;::::::::::i:::1:::I1:::,,:::I:::B:;:I\:::::::::\:::::::::::\::::::::::::;::;;::::::::::\:::::::::::\::\;;:::::::j::::::\:;::::;\::::::j:::j;:::::::~::
1. Continue with direction and concurrence.
2. Recommend approval of the conditional use request for "place of
assembly for commercial entertainment" I amphitheater based upon
positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Conditional Use Findings) of the land Development
Regulations, and the policies of the Comprehensive Plan subject to
conditions.
3, Recommend denial of the conditional use request for "place of assembly
for commercial entertainment" I amphitheater based upon a failure to
make positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) (Conditional Use Findings) of the land
Development Regulations, and the policies of the Comprehensive Plan,
with the basis stated.
~:::::::~:::::::\\\:\:::\:::::\:::::::::::I:\II::\:\\\:\:::\:::::::::::::::::\:::::::::::::::::::::\:\:::::\::::::::::S:::I:::I\::I:::Nl:::I:\:\I;:::I\::\I:::i\\\1:::::\::\:1\:\1\::1:::1::\1\\\1\:::\\\\\:\:\:\:\:\:\:\::\::\:::\:\:\::\::\:::\:\:\:\::\\::\1\\::\:::::\:\\\:1\:\\\\\\\:\:::\::\\\:\\\\\\\\\\:\:\:\:::\1
Recommend to the City Commission approval of the Conditional Use request to
establish a "place of assembly for commercial entertainment" I
amphitheater based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to the following conditions:
A. Submission of a full site plan application to be processed pursuant to
Section 2.4.3 of the Land Development Regulations and to address the
attached "Technical Items".
B. That normal operations be limited to Monday through Sunday, 6:00 p. to
12:30 a.m. with a maximum 500 people;
C. That special events be limited to 5 times per calendar year with operating
hours of 6:00 p.m. to 12:30 a.m.;
D. That the Parking Management Plan, Event Plan and the Police
Department recommendations listed under the "Event Security" section of
this staff report be adhered to;
E. That off-site parking agreements be obtained from private property
owners to utilize their parking facilities during special events;
F. That the temporary fencing, seats, and booths be removed after each
event in order to ensure parking for day time activities of the businesses
within this development;
. '
Planning and Zoning Board Staff Report
Conditional Use Approval - Musician's Exchange at Ocean City Lumber
Page 13
G. That if the TCEA is not adopted, a full traffic impact study in compliance
with the Palm Beach County Traffic Performance Standards must be
submitted and deemed acceptable in order to establish the proposed use;
and,
H. That the use may be subject to future requirements to participate in the
funding of parking to accommodate patrons who park in public spaces; or
may be subject to changes in regulations regarding required parking for
assembly uses in the original DDA area.
Attachments:
0 Exhibit "A"
0 Sketch Plan
Report prepared by: Jeff Costello. Senior Planner
.
---
E X H I BIT "A" 90 (
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AVAILABLE PA/?I<ING' t;j LIT..)' (eRA <;JW#ED
N
~
. .
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AVAILABLE PARKING:
l.QL NUMBER OF SPACES
Community Center / Tennis Center.........,........ .......,........ ............ .......... ,. ...98
City Hall.................. ......"", ......, ,. .,.. ,....."..."....", ,.."."", .....", ........... .., .....184
C RA lot....,...,.."......"......"..".........""....,..,...,."............."..........",.............. 4 9
Bankers Row.......... ...., ,.,... ....." ........."",..".. ,...........,... ..,.",....",.."",.".,.,., ,29
NE 1 st Ave....... ......,'.., ,." ,... .....,...." ,......,..,...... ...,.,.. ...",.. .... ....." .....,........ 66
SE 3rd Ave./SE 1 st St..... ,...... ..............,.... ........ .......,. ............. ............... 4 7
Block 76 (Pierce Tire)......................................................,.,..............,........114 *
Block 77 (Worthing Park),..." ......,........" ......, ......, ........." ,.."....."" ....,.,.. ,...,70
Block 92 (Hand's)...."..", ...." ...........",...", ,...". ......,.,."...,.,.,...", ......,..""., ,177
Block 1 0 1 (Chamber of Commerce)......................................., .............. ...... 70
Block 109 (Ace hardware)....,........... ...,..... ...................... ................,...... ......43
Block 117 (Vittorio's).......................... .......,. .,...,:... ,......,.. ...... .....................,76
On- Street parking..........,' ..., .........."., ...,.,....., .................. ....... ,...." ......"",..ill
TOTAL PARKING SPACES AVAILABLE......................,........,......,......., 1 ,478
MAXIMUM PARKING DEMAND PER EVENT....................,..........,...,.,..1,OOO
* Estimated parking lot construction completion date, February 1996
.
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[IT' DF DElRA' IEA[H
DELRA Y BEACH
f l 0 I I 0 ...
tr.e.d 100 N.W. 151 AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AlI.America City
, lilt! MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: J!!;BOOert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # ?C CITY COMMISSION MEETING, DECEMBER 5, 1995
APPROVAL YFAR FNn BONlIS/R.JCE, INC
DATE: November 29,1995
ACTION
City Commission is requested to approve a fixed sum bonus payment in the amount of $7,000 to
BJCE, Inc. for management of the Municipal Golf Course, for the fiscal year ending September 30,
1995, Funding is available in account # 445-4711-572-34,90
BACKGROUND
We have received a request from Brahm Dubin for a bonus payment of between $5,000 - $10,000
for the fiscal year ending September 30, 1995, Per the Management Agreement dated November
1, 1994, as amended August 17,1995, Paragraph 7, BJCE, Inc, is eligible for a bonus payment
not to exceed 15% of the annual fee, provided goals and objectives are met. The maximum
amount that could be paid is $12,600 based on a fee of $86,000. Most goals and objectives set
forth in Exhibit liB" of the contract and the annual budget were completed. (See attached) Staff is
recommending a payment of $7,000.
ADMINISTRATION
Staff recommends a bonus payment of $7,000 to BJCE, Inc" per the terms of the Management
Agreement.
RAB:kpw ~ 5-0
Attachment
File:u:graham/agenda
Doc.:YRBonus.End
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
'. ,
.. ::N:e.,v
, ~
~'~ii ,l /;
DONALD ROSS. 1923 MEMO
To: Bob Barcinski
From: Brahm Dubin
Date: November 11, 1995
Re: Year End Bonus, BJCE Inc./Delray Beach Golf Club
As per our agreement BJCE, Inc. is entitled to a year-end FIXED SUM bonus
based on our performance of the past fiscal year, Attached is a summary page which
details our objectives and performance measures for fiscal year 1994/1995.
Specifically, the objectives that we met included:
. Completed bid specifications for new golf carts
. Aerified greens, tees, fairways at least two times during the year
. Removed 10 malelucca trees
. Attain net profit total operation $100,000 for the year
. Planned and implemented Grand Opening Program for new clubhouse
. Hosted fourth annual City Championship
. Conducted annual Golf Clinic
Objectives that were not met included:
. We did not complete range improvements. We decided to hold off this phase until the
clubhouse was completed and then re-evaluate.
. Environmental protection projects were delayed and will be completed in late 1995 or
early 1996, This was in agreement with City Staff.
. Restaurant operation did not break even. The main reason was due to the opening up
of our new facility and all the start-up costs incurred.
Based on the above, we believe that a fair and equitable bonus would be between
$5,000 - $10,000.
If this meets with your approval, we are quite willing to accept any amount within
this range.
As always, it is an honor and privilege to be associated with such an outstanding
facility and look forward to many years to come.
2200 Highland Avenue. Delray Beach, Florida 33445. (407) 243-7385
- Managed by Dubin & Associates -
EXHIBIT "B"
Performance Bonus
FY '94-'95
Goals and Objectives
cl~ 1) Review and provide recommendations to the architect and
staff concerning the purchase of kitchen and bar
equipment, furnishings and fixtures for the new
clubhouse.
JfrY\{ 2) Develop a revised business plan for the restaurant and
pro shop based on new construction.
d~ 3) Complete bid specifications and recommendations by
November, 1994 for new golf carts.
c1e,~4) Work with City Engineering staff to complete
a> q'5,q~ environmental protection projects, to include equipment
wash and chemical spill area and fertilizer storage
building.
of~ 5) Aerate greens, tees and fairways at least twice per
year.
d~ 6) Remove and replace at least 10 Malelucca trees.
~~ 7) Plan and implement grand opening program for the new
clubhouse.
d~8) Increase participation in Carver Golf Program and Biz
Kids by 5%.
d fYtt{ 9) Prepare a recommendation and cost estimates for course
restroom replacement and renovation by Feburary, 195.
&~ 10) Operate Delray Beach Golf Club within budget
allocations.
dc.-{ 11) Maintain course so that there is less than 10% weed
coverage in fairways and tees and less than 1% coverage
in greens.
.
,
, '
r
ADM1~VESERVrCES t
...- -
--
Program: Municipal Golf Course -
The City owns and operates, through the services of a golf course managementfirm, an 18-hole public golf
course, a full service restaurant arid a pro shop on 108 acres. The golf course is supported by user fee ....
charges and the sale of merchandise and food. The course also provides instruction to youths through the
City's after school program and other special activities. -
-
Objectives:
Complete bid sp~cifications for ne.w golf carts by October 19~ ~
.
. Complete range Improvement projected by May 1994. cQJ.. -
. Complete environmental protection projects by December 1994 i.e. wash area, spray are bUilding.~
. Increase all program participation by 5%. 6t~ -
. Aerate greens, tees, fairways at least two times during the year,~~
. Remove an replace at least ten Malelucca trees. cQ ~'" "'.
..
. Attain net profit of $0 in Restaurant operation, less temporary facility costs..'Y' o-+eP.~,
Attain net profit total operation of $100,000 for the year. d~ -
.
. Plan and implement Grand Opening Program for new Clubhouse. ....e..~ -
-
Staffing Levels:
92-93 93-94 94-95 -
N/A 0 0 0 -
.n
Performance Measures:
1994 1995 -
Units Actual Proiected -
Golf Rounds 91,000
Net surplus $100,000 $100,000 --
Host fourth annual City championship Dec. 93 Dee, 94
Increase restaurant utilization by 10% 100% aL:
Complete green regrassing project Oct. 93
Complete range improvement project May 94 -
Conduct 2nd Annual Merchant Inner City Jr. Golf Clinic June 94 June 95
Complete Golf Cart specifications Oct. 94 ."
Complete Range Improvements Nov, 94 -
Complete Environmental Improvements Dec, 94
Net Profit Restaurant $0 .-
Remove and replace Maleluccas 10
Increase participation in Carver Golf Program & Bizkids 5% -
Program
...~
.~
,;[""J,i.:',i " Revenues Generated: "'.
.~. . L
ir"f;' "'o",,,<~: Dally green fees $460,000
,~.~~\~~",;. Cart fees $730,000 -
.;,iFj' Range income $70,000
(:;; 'l+;;:~";' Sale of merchandise t
$105.000 "'--
, ',' Prepaid green fees $373,000
Restaurant $463.000 -
~
[
258
/
. tit<
~'1Ij 1
e'l ,
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
f tOR I D A
........
AII.America City
" II I! MEMORANDUM
1993 DATE: November 30, 1995
TO: City Commission
FROM: David N. Tokes, Assistant City Attorne~
SUBJECT: Purchase/Sale Contract Between City and Temple Sinai
The City entered into the attached contract with Temple Sinai at the time of the
discussions concerning the settlement of the Tate lawsuit. The contract provides that the
City may give the Temple notice that the City desires to terminate the contract. The
notice must be given no later than thirty (30) days prior to closing. As the closing for
the Temple property is scheduled for January 10, 1996, the deadline for providing the
Temple notice of termination is December 10, 1995.
It was the intent of the City to purchase the Temple property in order to provide right-of-
way to the properties on the west side of Davis Road. At this time, our office is
unaware of any pending development proposals for the property is this area. The Tate
lawsuit is still ongoing.
The City Commission should direct the City Attorney to either send a letter to Temple
Sinai informing them of the termination of the contract, or to proceed to close on the
property on January 10, 1996. If you have any questions, please call.
DNT:smk vr/ cJtffn to- fM()CWf2 tud:f,
Attachment
c1~ on ~~ -
cc: David T. Harden, City Manager 'ita-I
Alison MacGregor Harty, City Clerk [mA:fO~ ~11C/) o{ssenlm:;)
tate-3.dnt
@ Printed on Recycled Paper q.D,
. '
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MnllES:' .
01 :. , , (PI.... I.
IUld ~:lty of Ddt:JY Be:Jch. a Florida munidpnl corporal::1.on 11l!!Y!!0),
ol~U: W. '1st Avenue, Dclray Beach, FL 3341,1, ".' lI'hnno ~
I,,"cby nvroo Ih~1 Iho SOUD' .h.n DCU .IId 13uyc' ohol buy Ih. 100Iowktg .c.1 pr_.ly iOl1o~~o!!y'O) .nd ""'.....1 prop..ly l"ro..o.1!!!!:{l(cnllDel....1y '1'1!1l2!!r!i.' U\lon Ih. \olIowI''\1
I..",. ..., eondlllolt" which INCLUOE II.. SI..ld"d. lor no.1. Ellol. T,onsocllolt. r 10iiCI" . 11.~.led.., U.. ,"""'.. or nlliiCr.Ctliilil' .IIy nkl... ...J7.iIUt',ol. 10 II~. k..I",,,oltl.
L DESCnJPTION: .
(~I logol dO'C1lpllon 01 n;:~ l'ropo:ly Iocolod~, Palill Beach ~;I'y, Flookl.:
See Exhibit A al:tached hereto and D\3de a part hereof.
Ib) ~lto.1 0dd,.... cliy, l~', ollho PIO(>C!.ly Is:
lei l'or.on~lty:
n. PUi,ClfASE PnlCE ....:...:...:..........:................................................................................................................. $ 105,000.00
.'^YMENT: "
(o)lJoposlll.llob.h.ldlri.sc._bv nracketl:. Cook, et al .,II"0m0unI.I... S See AddendulU
(b) ~IIIoo1lll o.crow depo.1t within _doys ollor EII.el.... 0.1..,1110 ."'ounl of.........;...................................... $
(e) Subloello IIND ...,u"..,IIoo..1 ....lgl1\lO In good .landlol\lln I."", 01
., .
hovlng IU' ol1lMo.,"",lo pnll",,1 Ill"":lp" bol.lte. 01 ... $ .
(dl .I'urd",? n-.o...y 010110000 ond It.I. b.",Io'll ........Int..o.1 01 To (.c. II<Id.ndun'I In .'nouoll or ., . . . . . ., . . . . . . . . . , . :. S
t., 011 lOr. . . , , . . . . $ See Addendum
. II) bol.lte. 10 dol. (u.s. ....h. lOCALly DI1NIN eermiad or e"'>Io1 I choekl. .ublocllo Dd)usln..,I. 8I1d ",..nlloo,.. ......... ..;.........$
, - III,' TIME ~on ACCEPTANCE; EFFECTIYE DAlE; t-ACSIMILE: . Ihl. 011., Is nol e'DCulod Ijy ..ld dellvorod 10 .. plVllo. 011 FfleT or EXECUlIoN e........tIc.lod 10, ",Ik'll
belween II.. pntli.. on or baloro' . . th. ""00011(.) wHI. .1 Ouyo"" 0pI1oo~ ba ,.10fllOd 10 llo.;y;" ord .tls 011.. wllh<ltaw". A 1.~.Io,'" COIJY .. 11...
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UIO Insl ;...; of lilO UU)'G' ord SoU.. I",. alg,..d litis oIl.r. .. . ,
.. Iv. fiNANCING: """ ,..'j' ..., ". ... .. ,:::
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Of I~I or 10)): II) 0 . 1I..d. (2) O.n ndluslobl. .. 10J 0 . li,,,d or nd~..lnbl. i.lo Io.,n wlilol,,~ d"Ys nilo, EII.el.... [1.1. .1 on h~Il,,1 k,lo.."1 ,.10 nolI. oxcood_ To.
10";' 01' yo..~ ..ld lor Ih. prk",lpolaonounl of S .' . '. o.:,J.;, Mn';"';~~ ~~~lbl 'wIlltln_doY" nil.. Elloel"'" Onlo .nd ....,.n....o\,Io
d'~lQot;'o I. obl.i" Ih. 10.'; e~n"I11""1 .,ld, lho...,,"o', 10 me.1 11.0 le.on. .'ld c.."'II..;,~'tll;;;'~';;:,;,;j;;;;;',:I-;:,~ c1na. Ih. 1o.".Iluyv' ~1001 pay nil 10.., .'001"'''. H lkr:;
::~I'nsIoDJ~'~~~tk::::~I':c~d:~::n:.OIl~~'I~;;.:t:~~e~n:: b~1I~~~~ff~:~~7~tl~~r..'~orm:~~~ '~::. 'a:~mo:a~ ~~~ ..':1fOb:: ::,11~~~a:~oc~7':~"(,,r.
, .' (b) TI.. o,ls';,,v "'orlgogo dol..ibad In Paragraph Ilcl oboYw h.1 ICIIECK (II or 12)): (I) 0 a .arlribi.li)lei..I, ;~I. or (210 . n..d InIOfo.1 ,.1. 01 To "'" ....nn.
AlllnlO 01 1111. 1,..,,1., ....... fix." InI.r..1 '01.. ... aubjoello .........11 k""..o.d, 1110 '010 II",B riot ;';,e.UlI ~ To par DnIlUI11. SoIIor Ih.I, wlll~n_ "'''Y. .lIor
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morln~oo which l"oQ\Aros nPfl'ovol 01 Bvyor by the rnorlO.o for a!l~urnpUon. lhon Buyor oholl p'OInptl)' obtoln on loq",ltod "l?plk:nUons end will ~''wtnl~on'PkY'O nud 1'01\""
II.,,,, 10 1110 morltl.\l'>.. Arrt """ 11/0_0 eh"rgola) nol 10 ....od $ .h.n bo mid by '. . .. III nol /111<)" In, .",.afty dhoklndl . r .. nol ne..Pi.d
by nlOflpt1gtlo or lho roqulremenls lor assurnpUon "G no\ In occordaor.:. with ".., 'Orlns 01 lhl..Con'racl or hKKIOl'lQeo makos n dltlfVO In nJlt':OI!l 01 Iho . alad lI",ounl, Snllor
or Buyo' lt1l1y ....bld II~I Conlt.cl by prompl w,iIIe11noUe. 10 Ih. 01110' "".Iy "'''''.. ellhor .lecl. 10l>O)l Ih. k....... i, Io,lel." ,.1. or ...... ....10_. eh..O"..
V. TITLE EVIDENCE: AI 10.11 .30 days baiera clo.lng dnle. s..tIc, .1....1,.1 s.n.ir', io,pi..~. dollvOi' io lluyUr Of Iluyo<'. oUoIney,I. nccood.ne. wIIh Sh.teI.nl "-
ICHECK (II or (2)): (110 oba"..' 0111118 or I~l 0 Inlo InsU'.''''' commIlmonI ord, .lIp. dol"'II, ....,"'.. POllCv 011111. h;ijinliC.. '.:
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VI. CLOSING D~ii:, ii", ".......11"" Iha. bo do~od ord Ih. cload'.,ld 011.., eloalng p.,pors d.lIwr.d ~n See dd~en;dim '" unIo.. ..,';',ood by 011.., ..ovI...... or C",llncl.
'. VII. r1ESTIlICTIONS; EASEMENTS; LIMITATIONS: Buyar 11,,11 I.k. 11110 slIb)oello: lOnk'll, ..al'lcllon., Illohlblllon. slld olhor toqul.."""'I. """".nd by govor'.""nl.l.ull..lly: .""',lcllons
..wl,n.Uo.. .,'oo..htg on Ih. DI.I or .'horwll. common I. II.. o""divls","; public ulMy ....,nenl. of ,.cord 1..0.nlOnls "'010 be IocRlod cnuUnuolt. 10 110.1 Propally 11010. ...1
nol moo. lI",n 10 1001 b, wkllh os 10 Ih. ..or or lronl IInOI olld, 7'" Icol h, wldlh n. 10 Iho oldn Ik..., \f'Io.. oIhorwl.,o II.r h.,.b,): ':r.' lor yon. of do...'II .,.1 .'~ISI"~lonl
yo...:.sso",odnlOflgrigolondpurcl",s.l11Of",ymorlgouos.H.ny;olh.r. . Easel1lentll aUll lQatters 0 recor.
:"..,.klnd.
1I...llhoro o.isls .1 do.1ng no vIoInllon 011110 IOfavok'll.,ld nona ollh.", p""",,11 u.o orl1o.I....oorly I';' i:esideutial """"01.)
. . .:... '. 'I""~' I"'
VIII. OCCUPANCY, Sallo, ....,.r~. '11..1 II",.. ... no p.rllos In OCC\Ip.'1C'( olho' 11.,11 Solfor: "ul, H ProD.rty .. ~ll.nd." 10 be ,";,ad or occuPiod bayord clo.lrtg, II.. 'ocl Dr'" lOtI""
lh.roof sholl h. .1.lod horohl ..ld II.. I.n.nltll or OCCUD.nl. dlseloa." 11""'0,,1 10 Sl"w~,'d F. Soller .gr... 10 del""', occupnnc:y 01 rroo..ly II I.... of cloolo'll unIe.. olh....I..
~~~\~30:~':~ ~,~~:)~.:...~ ~ \'.:.~.~~~o~o~.:,.~~at~ ~[I:~~.:.H :~'~I ~.~~ ::J.~~r;:; ':::'.~ .~~~~I.~~~~.k:'~'.'~~~,:::~I:"~lh!: "",,,,10""". I.Of"
IX. tyPEWRITTEN On IIANDwniTTEN pnOYISIONS: T)'IIOW1II1.~ or l...-dwtlllen provls;ous II.," e;";'"".1 prkdod ptO'<l.lon~ of 'Cord'~1 h, conlllcl ..Hh Ih"",.
X. mOEnS: (CIIECK M ."y .1 II'; 1ol....~1\I 1lid... .... opp\lcoblo l!!!i ... .Uoched 10 II.. Cor~,;iell: :
I~) 0 COASTAl CONS11lUCiKiN CoN11l0LUNE nlOEn Ie) 0 FonrrlGN INVESTMENr IN nEAl MlOl'I;n1Y lAX flel nlDEll I.) 0 FI ,^'VA 1l10~1I
. (bl 0 CoNOOMli~I\JM nlDEIl .,., (dId INSUlJITION Il1DEn . '. II, 0 011lEn:
XI. . ASSIGNA~llI:TY: (CIIECK 1'1.;;" (2U: 13uyc' (I' ;]:"",y ~al~~ ~.'.!.Iil-.:)). r.l ~.I.:I~~..y nol .S. o,~;II~.'...;IIf.".,'ro.c.l .. '. '..' < I I:'
XII. I SPECIALCLAlJ$ES:ICIIEC1(lllor(2U:I\ddoIi!lu::ll\b~;1!I'i~(i!lp>qlOl.i'.'1".~m..I~\i,:':~ " \ II',
I '. ,;.::'111 L!,.',:.I'I.' li,;,"lO,.",~"-;I;'f~r.':'~'.{.J.,,~,....' . .".~ ,
.XII1. I TIME IS. OF TH~ES. SE.NCE Qr! 11"S Ct'lNJ;Il1IC. t:\.",J.;'T I-r . UIT1',r..".. ,1. ..' ..~.\":<!"~ .JI!' .I'.~ ':. ...., " ,., .1','. .1"'. ",.; , '.' ,.. ': ;" I ,:. . ;. DUYEn 5 lfl1T1AU
, ,-r". ',' 1:'1.'''':,:'T''',.~,_.:1.',:h,''H,tth.lhi~''''~ ..'~'!,;I'_'f<<r'r'1"'~;,," -""';':.,1' 1."-' ..,,' "'~\'I.
XIV. . Dlsci.osuilE~'O\ll'lir D'!C~n....lodgOI orlQ,Jo~ 1I{l.I..ack~.~'e.\>1 pl1f"'I\U!l'...,I'"",",/~nsollon ~I~ ..~I.ci dop'II collicllldo'''OI ,. .:.. ,".
THIS Is INTEN[jEO TO ill: ^ lfiG^Ll"lDJNDINGCONm,~CT"nIOHUll-Y UNDERSTOOD, SEEK TilE ADVICE OF AN ATTORNEY I>l1Ion TO SIGNINo.
. .:. '., 11ISFOI1MII^SDEENN'I'IIOYEODY11IErLOllIO",ISSQCII<1I01lOl'nElll..1011S1IN01'lErl0l1tlo\bM. .
.' : ~I" ~"-:J0I0-d ~'noI ccrf!f"'II#e ffi"t~, ,rot.... ff '~il-r'is tnd t:f7dlJt"".tr ,hCwnet rJl(IUId br I/CC(fQd by ".,.,..... h .,.JkJ. ...udb-. T.."., .J ~
. ~.'.' ..1(1 cordlkwlS. ""'" bo noQnfbl. ""..'..'...0<1.1')01'11110 le....WId""'....L"It'S.. .'S, of~.' .1Ifbtw;r*"''O po!tIIb. dfll .......-,....C:JtL -./.' .
,.. . .. COI'YI1lCl"'lVtllIY lllErl.O!lIOAlWlloNl)l.IEFlOlllOAASSOCWIO,jOO.nElIllons
ClTY.O'~ 'it' "'. /.:~-:'."--''':~~';'''':,-------.---"'i'WIJr'SlNAl OF PAI.it BEACn COUiITY. INC.
-1\';0" " . ~~h.lf-< Onl. Bv' ~~ i.L ~ 6/~/UI'''1
fUUy..f.' ., '. NCII. . 'J . (5...." .. I
~~ ;' ~...."'...,._-
001. On.
Ill-a;L:-+" ~ . ~ 15"10"
1J))P'l5~~~~~ . Socl.IS.CU,lIyorTaxI.D.'
Depo.11 01"'0' r.,oll'oph hl.I r.eolvad; . 0 IElI IAN CllSII. TIIEN SUDJECT 10 CLENlANCE. . IE.e'." /10<1'
llnOI<En'S rEE: Ici lEek MID COMl'l..ETE Tl-IE ONE A1'PLICADLEI By:
o IF A l!llJJ'l..G.M!!J~EMEN..IJU;.!mn!t:,~ 1~s.CT' . .
~lIor D~JeO:J lo pny"ili06iOkOrniUilOd , Illg coopernUng sub-ngnnl8 nanlOd, nccordlng \0 'ho IOI'n1l 01 nn 0.15"1'10', ar.pi'UDlo Hsllng ngtOOU1nn':
on I .
o IF NOj,ISll"'~,,&!!g;M~!J[!:!n.~T.;
SoiiOr. OO'OOSIO poy 1I,ollloh.. n"mad b.Io.... o\"no 01 ele,I''ll,I,o.n Iho di.bulU",,,,,,,ln .11110 proe..d, ollh. s"Io, c(Jll1!lo".ollon In blO .......nl oIICOMM.eIE ot1\.Y 01
_ 'Yo 01 g'o," nul.'''''O p,leo ., $ 'or B'ok",', 1...Ie.. In ."..Ilttg Iho 0010 hy r~~"n(] 11,0 !lilY.' ,oody. w""nn ..-.I .1.. I. "",.ltn.o Ol...,,,,.lln II.. 10100011'11 COIlIII
II Ikryn' lOll. In 1'.oIno m n'wl dopo'"('ll. ,.I.lllad, 50'" 1110'.01, b,,1 1101 o..nrllln(] II.. !Joo.",'. 100 0""" Illovklod, Iholl h. Dokl J1:oItnr o. lutI coo.""Io'nlloo. Inr !lo.,I.o'. ....h
I " 'I"n "nol. o'no"lon hv I1rnl"" .,wlll:O h.lol1eo eh.R ho pnld 10 Sollo'. II "'" l,nnOQ.I,,", nl'oB nol clo.o bnco"sn 01 rolu,nl.. I.b. 01 Sollo, 10 POOr",." Solin, .lonI1 ,lIry
. 'I .. ,t .., ~I,,.. .. In,. lIon Nfl"",",,,, "'''1\'' IIlIhnlllftf"~ '''Mnnnhlft "UtI'My'ft rna!t ..,,,d r.f'J,tn
.
. .., STANDARDS FOR REAL ESTATE TRANSACTIONS
.
I.. niIJb ;E (j,. TIT~E: II) An nb$.lu\d.l>U~la pr.p,nod.r bl.ughl cun.nl by n ,.p"lnbln nnd oJdsI.'II.bshnel lI,m I'I nol oxtsllng VIOl' ccllUlod o. COllecl hy... 0.11:110'11",111) I.."",IIt'll
to !>n OIl n<'cu.nlo oynopol. 0111'0 ...I.umonl. .lIocllno 1111. 10 Iho nOlll P,oporty ,oco,dod In II.. ",~JIIc 'llCOfd. ollhn oo"nly whol..'l1oul P'_1y Ie IocAlnd I....gh EIIne"'o Onln ...1
wl~ch .1,"11 oon"Ronco wllh II", 0.,110.1 public '....ds, or ...ch 1010' dnlo a. mny b1I cU.lomn.y In !he oounly. Upon cloohtg of .~. Irnnoocllm, .'" abtlrnel "'.. be.- ... "'......Iy of
Dnyo., 1U1~.cllo Iho rlghl 01 ,olonllon !h..eol by lIrel ~rtgno.o unlll lully pnld. (2) A"liIIlLIU'I.\WID.o;\!..l<OJllInllfJlQj)I'o.ued by 0 r1orlclo 1Ic.......IIlf.......... OO'oolna 10 Io.uo 10 Buyo<, """"
locoullno ollho dood 10 Duror, an ownor', policy of tllle lnsurnncB In Iho nmounl ollho I}Urc:lu.u;e price lnsu.ing Ouy.,', ,UIe lo. U.. noal PIOflOlly, aubIod onty 10 Ikm. OOCUmblftnCOI
excoptlon!: or quolUicnUons 101 'CHlh In Ull. ConlrBcl nod UlOSD which sh..n bn dischnl gad by Senol 81 or berol. doling_ Soler Ih". COIlYfJY 1I..,.kGlnbIa tllkt .u~ct only '0 ..,,,.-
encumbrnnco!:. axcopllons or quoHUcnllonl IftflcHiod In Ihl. ConiIne," Mnlkelnble IIUe IhnH be dlJlormlned According So nppGcnble lute StAndard, AdortkJd by AlIIlOtlly 0I1IWl FloIldn On;
nnd In Dccordnnco wllh law. Buyar sholl hnve 30 d.-IYs, n obstracl, or!i days.lllllIa colnmllmenl. from data 01 rocelvlng nvldanco of dUe lo oxomln. .t.IlltIe Ie eou... deloctlvo, Buynl .I\IIM
wllhln 3 tiny. Iho.ooll.., noll'y Sollo. In wrlllng Ipodlylog d.l.cl(s). IIlho d.l.cl(.) ..nd.. 11110 unm.,k.'obl.. S.U.. wII hllve 30 days f,.... ,ocoIpl of nolIcG 10 ......... .'" delocl.. f.lInO
'W'IlIlch Duyor shnfl, willtJn five(S) dnys all.r IxpJrnUon of U'I Ihllly (30) di\Y pellod, doliv"r wflllen nolice 10 Sol14f .lIhor: (I) ..Iendlng &h. dme lor.. ,enaon.-.bIo pe,1od nol to oxceed 120
di\Ys wilhln whleh Sollor IhoU usa dtlgonl enOlt 10 rDInOVe Ihe delect!\; or (2) requelllng 8 rolund 01 deposll(s) paid whle'" shalllfllmecMlety be rolu,,*, 10 Buynr. " Buyor fnMs 10 10 'lOlIIy
Sollo., Duyo. .1,,11 b. do.",ed to h..vo oceoplod II", 1111. ... II Ih.n I.. Sollor .hnll. II 1111. I. lO\lnd u,.nn,kelnbl.. U.. dlRgonl .lIor1 10 con.c1 ....Iec1Co) In a", "lie wlthh. II", II",.
p,ovld.d Ih.rolor. "SoIIo. Is un..ble 10 .omov.lh. ....,OCI. wllhk. II.. limos ollow.d "'.'010', Buy.' .h..1I .i1ho, w..lv."", ....,.cl. o. ,ecolve a 'alund of dorosil(.), '"".by ,.100'.'11Il\lYo'
ond So"or "OIn olllurtho. obllgollon und., II~. COI.lrncl.
B. PUnC"ASE MONEY MOI1TGAGE; SECUnfTY AGnEEMENT TO SELLEn: A pll,chn.. ",onoy 'nollgog. ond mo'lgng. nolo 10 Sellor ahn" I"ovld. I... 3O.d"y gonen po,lnd k, Iho
ovont of dolaulf II a IIr51 morlgi\Dn nnd a tS.dny gtaCO po,lod 1111 5econd or lessor mOllgilgo; ,I101ft provklo lor rlVhl 01 propny,no,,1 '1 whole or In pn.1 .flholll pannl'r. !\hnll pnunll
occclofDtiQn In ovo.d 01 lranslor ollho no:\1 Properly: ahlln roquhe nil prlo, liens anti onculU1J1DIlCnS 10 bo kop' In good slnndlng RI1tI fotbld nlCXIllcutlou!\ of or luturo ndvnncM unci", 1"1or
",0r10ngo(5); shnll 'cquire Buyer 10 maintain pollcloa 01 Insurance conlolnlng n sl8nllnrlllnollgagoIJ clause cove,lng II_ 'm,,'ovemonl, Iocal.d on lho neal rU)flOrly ng:tlnsl nle nnd nil
perils Included wilhln Ihe lerm -extended covemge endoflomenls. end such o'hor rish and pellls 8~ Snae' m:lY 'ea~onnbly require. In An amounl equnl to UlQk 1"vJ'tOI' Inatlfflhlo Ylllllr.;
nnd Ihe morlgngn, nole nOO securUy agreament shan b, olhorwlse In lonn nnd conlont ,equl,ed by Sol.r; bul SeKer mny only require daUHs and coyernvo cuslomnrlty 'ound k1
lIIorlgages, morlgagc nolos and socurlty ogreemenls oenelally uliRznd by s:lYings and Ionn ,"sliluUons or .'ale or nDllonal bnnkslocnled In Ihe counIy whoutln Rool Propelly III Incnled.
All Personnl Plop",ly and lensos bnlng conveyad or Bsslgnod will, al Solle"s ol,lIon. bo subiccl.lo U" lien of .. securlly ngreement evkktnced by recordm:l ttnnncfng .Inlflmenl~. It II
bnl100n mOllgngo, Iho nn.,1 paymenl wlllexcaed Ihe periodiC paymonts Illereon. .
c. SUnVEY: Buyer, 01 Duyer's l.pOOSO. wllhln Ihne allowed to dollver 8vKlencn 01 tlUo And 10 <<,xtunlno lainO, may hilye tho nenl rrOflO.ty IUrveyed nnd ee.UIIed by n rnglsleled rI(tlldi\
survoyor. If RUrvOY shows ollcroachm.nl on nenl Proporly or Ihat hnprovomonls localed on Rnnl Properly eneroach on lolbock Inal, ensomen", tnlld. of 011""1 or vIolnto nny rftshictlons,
Conl.:'IcI covennnls or nppUcnblo govornmontal regulaUon, Ih, samo shaD conslllule D 1111, dell!r.1.
D. TEnMITES: Duy... nIBuy..'. oxp.n.., wI'h.. Om. allowod 10 d.nv., OYId.ne. 011111.. n.ny hove II.. P'op."Y ~'sp.c1.d by n Florhl. Ce,INIod Pesl Conkol Opor.'" ("()polOlo,"o
delC!fn1lno IIlhole Is any vlsiblo oenve lennll. Inlestnllon 01' visible dnmogo hOO1 lermito Inleilnllonln U,e I"rO('le,ly. If ehher or holh lire found. Buyer wfII hnyo .. dnysl'OIn dalo 01 Wllllen
1I0lleo Iho..ol ",lIhlll which 10 hovo co.1 01 '.onl,"onl, II '.l1UIr.d. osl1molod by Ih. Op.rolor olld ." domng., In.""cl.d ond o.l1mnled by a bno.d bu."'. or go''''''' collh.cIOl. Son.r
.hnil pny vnlld cosl. ollronlmonl nlld .opnl. of oR dnmngo up 10 II.. omoulIl p.ovklnd III Pn,ng'oph XIV(n). Should ..Iimnl.d cosla .xcontl u..t 1111011111, tlllY'" .h" '''''''' II.. OI,'h," 01
cancollng Conlrocl wllhln 5 days anor reco~JI 01 conlrnclo", re,Jalr oslllnnle by giving wrl1len nolic. 10 SeUer or Ouyer mey llecllo procend with the Irunlndon. .. whleh IVOIII Duyer 11m"
..ceiv... crodil..1 clo.1og 01 U.. .mounl provklod.. P.,agmph XIV(a). 'r.rmll.." .1..11 b. do.",.d 10 Includ. nil wood do.l.oyf,'11 O'gnl~"'" requkod 10 be """"led under II.. Florldn Po.1
Conl.ol Acl.
E. INGnESS AND EGnESS: S.flo. w.llanl. and .op....nl. Iholll....I.. h'llro.. ."d .Orosslo Ih. n..1 P.ope,ly .ulllcl.nllor M.lnl."ded uoa os..........d In P...grRf~' VII h.,nol.lIl1.
10 which l~ In nccouJ:mco willi Slnndard A. .
F. LEASES: S.lIo. shnll. nol 10.. Ih... 15 doy. b.,O.. clo.I"I/. lu,,~.h 10 Buy.. coplo. 01 0" ",.Iflon Ioo....nd o.'o""nl loll... "OIn onel.IOI",", lIl.nelly1ng 1110 ....,ur. and durnll"n of Ih.
lenanl's occup:mcy. ronlnl rales. Advanced tent Bod socurUy dOI)Osll!l paid hy lenlnl. II Soner Is unable 10 obl:1ln luch IoUor Irom .KlI lenant, II'" lame ""OI'mnllon ,hal bn ''''nl~hod by
Sollo, 10 Buy.' wilhln 11..1 11m. porlod 10 1110 lorlll 01 . S.II..'. .lIId.vll, ond Buy.' mny lI.e..nfl., conlacl I.nonlolo COlllln. .ueh 1nf.."",Ion. S.... ....1,.1 clop'll. deAvo. .nd ..olgn
nil original lensos to Buyer. .
G. LIENS: Sellor shal1lurnlsh 10 Duyer at time 01 closing nn alrtdav11 eUesllng 10 Ihe nbsence. unless olherwlso ptovldod 10' heroin. of Imy linnncing Ilntoment, dnlm!t 01 Ion or pohmlinl
ICflo,s known 10 Sunor and lurlher nUesling Ihnllhere have boon no hnprovemonls or rr.pnhs '0 Iho r'opc'Iy lor 90 dnY8 Immediately prer.od'ng .ta nI do1Ilng. 11 rlopG'Iy hns he"n
IrnlJ1ovod or rcpnlrad wUhln Ihal IllUO, Soller ahoH delivor ,eleases Of wolvers 01 consllucUon Hons 8xeculod by nl genornl conlraclo..,. lubcontrnck'M'a. aurrIoIll nntl "'lItollnlmr.n In
nddilion 10 Sollo,'s linn nlfklnvfl lolling lorlh U.e names 01 an such grJne'I' conlrnc'orR, subcontrnclors, 'suppllers end mnle,lnImon "nd lu.lhor Im'mlng Ihal nI ehnfgolllcH hnprOYnmr.nl,
0' rOli;lI,. which coukJ serve n, a bn:'Cls lor a constrUCIIon 11011 or a ctalm lor damRges hnvo boe" prdd or wUl be pnld nl closing of gll, Conlrncl.
II. PLACE Or- CLOSING: ClosIng shnH be hl)ld In Ihe counly whorohllho noDI Property Is Jor.nlcrl.l Iho oUlco of llle IIlIornoy 0' olhor dosInQ Ogt1ltt d.~Jun"tod by SeNor,
I. TIME PEnrOD: In compullng lime periods of loss Ihan sl. (6J dnYI. Seluldays. Sundnys nnd 81ato or n8110n811egnl holidays Ihnn be oxcluded. Any Ihne pe,lorJs ptovlded lor horeln which
~holl onrl on n Snlurday. Sundny or n lognl holldny shnllexlond 10 5:00 p.m. of Iho no xl bU$in058 day. .
J. OOCUMEN rs Fon CLOSING: sonc' shan lumh.h Iho deod. bill 01 snln. cons1ructlon non nllldavll, ownor's possoss"," nllldn~. ft.!'Cslgnn,.,nts nllf)n~ns.lnnnnt nnd mOllgl"lnoO "5hJllflnl
lollers nnd cOHective fn5"uII101lIs. Duyor shnlllurnlsh closing 110lemonl. mOltglfgf!, 1I101lgngo nolo, sceullty ogutr.tnenl Dnll IlnntlClng slntomltnl'.
K. EXrENSES: OocUmontary slnmps on Ihe deed Bnd recording 01 CO".cUvo InRbumenls shall be paid by Sene,. Oocurnln"'ry .lalnpl IncJ Intunviblo tn_ on UlO ptJfchnsIll monoy
rnollgngo and nny mortgngo IIssumod, ond 'ocordlng of pu'chaso money mortgago 10 Sellar, deed nnd financing IIa11menlslhaO be paid by Ouyer.
l. pnOR^TIONS; cneDITS: Toxes. assessment" renl, 1nh!fosl.lllsurnrlCl and olher expenses nnd ,eVel1lle 01 rroporty Ihan be prornlad t'Hough doy belore closh.g. Buyer shnR hayo
the optlon of Inking over nny eJrlslblg lJQnclol ollnsurence, II as!tumnblo, In which ovenl p'emlums Ih3" be prorsled. Calh II cIolhlQl shaI be Inr.teneed or dttr:ronsed n' mny be fnquhed
. .' by plora-lions. Prornllons will be mnde Ihrough dRY prior 10 occupancy If occupancy occurs bolore ~Ioslng. ^dvnnee renland Itcurlly depotlle will be cu"di1ed to Buy.r end eBcroW defKIsltl
h.ld by mo'lgng.o will b. c..dll.d 10 Soli.,. Tnx.. .hall b. p.orol.d bo..d on Ih. curr.nll'.n.'. I.x wllh tin. ollow..ne. n.nds lor mnxtmum a1Iow.bl. d1scounl, hon...lead ."d ofl",.
oxomptlons. If closing OCCUfS 01 0 dale whonlho currenl yellr's mlllngn Is nol fixed Dnd curron' yoor's assessmontls nVAllnble, Iluce, will be proroted bntod upon auch attlessment find
lho prior yo:,u's mlnooo. II curronl yoar's essessmenlll nol nvallable, Ihan Ituce, win be prom1ed on 'he prior yonr', Inx. II Ih.re or. compIal.d .nprovomonl' on 110 neol Prope,ty by
Jnnuary tsl 01 yonr 01 closing. which Improvements were nolln e.lslenco on Jnnu..ry lsl 01 Ihe prior yenr. Ihen IDxal Ihall bo prornt"d ballnd uron U'M! prior yen", "'n", and nt ell
equllnblo assassmnnllo be noroed upon bolween Ule palnes, 'nlllng which, requesl wIU be mnde to Ihe Counly Proporly ^ppraisCf tor on .1formnl n1l1l81"menl taldng '"10 conskJr!lflllon
nVAilablo exemptions. Any Inll plorollon ba,ed on an esllmole shall. al requesl 01 ellher Buyer or Seller. be subsoquenlly '._dlulled upon recoJpl 01 lax bill on condlUon Ihnl I slnlelJuml
10 Ihal nUnclls In Iho closing slntornent.
M. SPECIAL ASSESSMENT LIENS: C.,UII.d. conll,m.d .nd ..1II1.d "I.d.1 o....."'.nlll.n... 01 dnl. 01 clo.lng Inolas 01 Ellncllvo '0.,.) 0'.'0 bo pnhl by SeII.r. Pondlngll.n. o. of
dnlo 01 c10.lrlg .holl be a..umod by Buy... 11 lho hnp'ov.monl h.. b..n ."b.lnnllnlly cOlOpl.l.d o. 01 EII.cllvo Onl., .ny por>dio'll Ion ..",I be r.ollOldel.d c..UHed. COl.Ift,nod 0' ,nllllnd
nnd Sollor shnl1. 01 closing, b. chergnd on amounl aqunllo Iho lasl .sllmale or assessmont for Ihe lmprovemenl by Ule pubhc body.
N. INSPECTION, nEPAln AND MAINTENANCE: S.II.r wallanl. IIml, .. 01 10 dny. p.lnr 10 clo.log, Ih. colling, '001 (1ncIuding II", In.cIa nnd sollll.) nnd .xl.,1or ond k.I.,1ot won.,
loundnllon. .oawnll. (or oqulval.nl) ond dochngo do nollmv. nny VISIDLE EVIDENCE 01 look.. wol.' domogo .. .huelurol ....'nn09 .nd 11,,1 II.. ""pile I.nk, pool, nil oJlflllonco.,
mochnnicnlll.",., hoollng, cooling, ol.cl.lcnl, plUlOblrlg 'y.l.IO. .nd mocl~nory or. In WonKING CONDITION. Th. 1...goIng _.only $I... b. ""~led 10 II", hemo opeclll.d unlo..
ofh.""I.. p.ovld.d in on odd.ndulO. Buyer may. .1 Buy..'. .xp.n.., hnv. Io.p.cllon. mad. 01 Iho.. 11.10' by . IIrm Of hllvldu.I spoclnll.lng In luntl Inspecllor.. .nd holding no
OCCUIJalionnlllcenso lor such purpose (If required) or by nn epprbprtnlely licensed Florida conhactor. Buyer shan Pllor 10 Buye,', OCCUf'lnncy or not ktll .Inn to days p,Jor '0 closing,
whlchover occu,s nrsl. rspotl In Willing 10 Seller such lIems Ihnl do nol n,eol tho above Iland",ds nslo dalecls. Unlesa Buyer repo,IR euch doloela within UlfIllImo, Bu}'er Ihnll bn dnormtd
to havo walvod Sollor', wnrranllol as 10 delec1s nol r.porled. II rapnlr. ot replacllmenls .... requlled to comply wllh ails Slimdnrtl. Se"r Ih,," cottle Ihom 10 be m.tIn and ,haMIiny up 10
Iho Onlounl provldod In Parngraph XIV(b). Sonor Is no1 requlrelllo mako ropalrl 01' relllncome"ls oIa cosme lie nolura unl~SI enuaed by a dnloct S.lter" 'o~p0n8lb" 10 r....nlr or IG{Jlnco.
If Ihe cosllor such repair or replocemenl exceeds lhe runounl provldod In Paragraph XIV(b). Buyer or SoUer may eled 10 pny such extess, InlAng which eUher pRlly Rlny enncel U.I,
Conl,ncl. II Soli.. I. unnbl. 10 correellh. d.I..t. prlo. 10 .Io.lng. Ih. co.llh...ol sl..1I b. pold k.lo e.c.ow .1 clo.log. S.... .I~,n, "pon .....OI1lIbIe ""IIco, ",ovlde ullllll.. ..rvIc. nnd
nccp.ss 10 Iha P,oporly lor Inspections, Including II wallHh.ough prior '0 closing, to ensure 11101 allllelns 01 I"ersonnf rrO('lort, .r. on UlII Reol Propart, nnd. .ublocl to II" lor.goIng. Ihnl
.1 roqulrod repal,s flnd replacomonts havo been made end Ihnl 'he Properly. Including. bul nol Rrnlled 10, Ih.lawn, shrubbery and pool, . ""y. hilS bean "mlnlnhlOd In U. condIllon a"kUng
8$ or Iho Eflor:lIve Onlo, ordinary wear nnd lenr excepted.
O. nrSK OF LOSS: If Ih. P.op.rly I. d..IOag.d by IIr. o. olho. co.u.lly b.lor. closing ond co.1 01 ...Io.nllon do.. nol .xc..d 3'1(, 0111.. ......od valu.1lon 0111.. P'OI>O,ly .. dOlllngocl,
cosl 01 ",'o.ollon .hall b. on obllg.11on 01 !he S.II.r and closing .hnll p.oc..d pu..".nllo Ih. 1.""0 011l~. Conlroct with 'o.......1lon coot. .lICtowod nl closing. fill", co.1 ol,n'IOI.'lon
axcoed,. 3% ollho nsses!;ed vak,01lon 01 Ih.Improvemenllso damagod, Buyer sholf hnvo lhe option 01 allh.r loklng P'opefly ns ",Iogollllr wllh ollh., U18 3% or nny InsurnllCn proccnds
pnY;lblo by vlrtuo 01 such loss or dnmnge. or 01 cnncenng U.ls Conf,ncl nnd racalvlng 'elurn 01 deposll(~).
P. pnOCEEDS OF SALE; CLOSING pnOCEDUnE: Th. do.d .hnll b. .0cOld.d upon clonr.nc. ollund.. II .b.hnc! ollill. I... boon ,.....hnd, .vfdenc. 011111. .""n bo conlk,und nl
Buyor's exponse 10 show lilI.ln Buyer, wllhoulany encumbrances or cl.nngo which would ,ender Senor', 11110 unmarkolnble tlonl n" dnlo ollho Inll try'donee. rroceods of 1118 .nle ,llnll
bo hold In escrow by SeUer's ollornoy or by anoth.r muluAlly accep'atile .scrow "oonl lor II pOllod 01 nol more Ihan 5 dnys al1er doling dnle. " Soler', 1U1. ISlondered unrnnrkoll"lbfo,
Ihmllnh no Inull of Buynr, Ruyor Ihall, within the S.day period. notU)" SoRer In wrlllng 01 Iho delocl and Selic, ShAn have 30 daysl,om dnle 01 receipt 01 s!Jch nottHennon 10 CUfO Ihn dclr!ct
II Sollo, foils 10 IImoly cure Ihe delocl, 011 dopo~ll(sJ and closmg lunds .shrtn. upQn wrlllen don.mnd _by Buyer and within 5 days all" demond. ho letufIlad 10 Ouyo' find, ,h"ullnnnously wllh
such repaymenl. Buyer shan relurn 'he Personol Prope'ly. vncale Ihe nO,nl rropIJr1y nnd reconvey Ihe Plopnrty 10 Sener by apoclnl wttflDnty deed and LIlli 01 .nln. " O\lyor Innlt to ",nko
IImoly domond lor .olund. Buy.. sholll.k. IIl1a n. I., wolvlng all'lghl. 1Ig,oln.l S.II.. o. 10 nny h..l.n/O,1lng dolo.1 oxc.pl o. OIoy b1I .lIIIlfeblo 10 BIlYo' by vI"uo of wnll.nllo. conl.h,.d In
Iho d.od or bill 01 .alo. II 0 po,lIon ollh. purch... ",Ie. I. 10 b. d.rlv.d Irom Inslllullonolllnanclr'll or ..'Ioonclng. ,.qult_nl. ollhe landing in.lllullon o. 10 pin.., Ihn. of dny nnd
p,ocodu.o. lor closing. ood 10' dl.bu...m.nl 01 mo~g.go p.oco.d. .h:ill conl.ol ov.. conhnry provl.lon In Ihl. Conl.ocl. S.lIor ..~,n I.,v. II", ~gl~ 10 ,al1Uh. I'OIn Iho l.ndIt'llIn.lllullon 0
wrillon tomml\m.nllh.ll1 \Vm nol wllhhold dl.bu.s.monl 01 morlgngo,prlll;o.ds o. . ,o.ull 01 nny 1111. dol..1 .Unbul.bl. 10 Buy.,.mo"g.vo.. Th. ..crow nlld cIosfng p,ocod",. 'fll1I~'od
by Ihl. Slnndn,d .holl b1I w..lv.d 1111110 .gonlln.u.es odvorso inollors pursunnllo Soollon G27.7M i. F..S. (1993), IS am.ndod:
a. ESCnOW: My o.crow .g.nl ClIoo.nO rec.lvlng lunds o. 'l1Ulvol.nll. oulho,I..d and og.oOl by .ccoplanca of 11"'0110 dopollft 1l1Oln ",omplly, hold ."'....In ns.,ow ond. .ul~ncllo
c1nnrnnco. disbu,so lhem In OCCOldoncn with tonn' and condilion, of Conlracl. Fnnulo cf clenr:mca of funds Ihal nol excu.. Duyo,', ,""rlormanc.. II In doubt M to ^oenl's dunol or
liabilili05 undor Iho provisions 01 Conlracl, ^gonl may, nl Agon"s opllon, continue 10 hold 1ho SUbJect m811er 01 tho ese,ow unlif Iho pmllos mutuaRy ng'eft \0 "" dlsblllsomonl or ""11 a
IlIdvmonl 01 n COllI I 01 CO"'l'nl.nllu.I.d1cllon .h.1I del.,mlno Iho ,IVhl. ollho pn,II.. 0' Agonl mny doposlloo,n. wllh Iho c1o,k 0111.. d.cuI1 .ourl hovlng Jllllodlcllon 0111", dI'I"IIo. Upon
nolilylng nil par lias concernod of such Bctlon, aU lIubllily on tho pari 01 Agenl Sl10n lully 'ermlnale, excepl to Ihe Ixlenl 01 accoun1lng lor ..ny lIems prevkxrnly dnRverod 001 of e~r.lOW. II n
licensed renl eslnto brokor. ^usn' wiD comply wllh provisions 01 Chnpler 475. F.S. (1093J, ns nmonded..A.ny suit between Buyer Dud Seber wheroln ^ocnlls nlado. pnrly bocnlJ~1) 01
ncling as ^gonl horaundor, 0' In Bny sul1 vyher.ln Agent Inlerpleads Ihe sublect millie' 01 lhe.escrow, ^OI!I1' shall recover 'oasonable allomoy',lael erp eostltlncuned willllhn lees ontJ
cosls 10 ba pold 'rom and oul of the eScrowed Iunds 0' equivalent Ind charged and nwarded PS COUll cos's In IIlvor oIlhe prevailing pnrty. P.rllol BO,ee 0\81 ^gan' Ihaa nol ho ft:.blv 10
ony pOlly 0' I,.,.on lor mI.dellv.ry 10 Buy.' o. Sollo. of lI.ms .ub)ocllo "". ..c.ow, uol... .uch ml.d.,Iv.ry I. due 10 w1111u1 branch ofll~. Conl.act or gross nogllgenctl of Aponl.
R. ^nOnNEV'S FEES; COSTS: In any Ullgallon,lnctudlng broach. enlorcement or Int''Pretnllon, nrlslng oul 0' dlls Conl,racl. U18 prevnllng polly In ludl'UgnUon which, for Ihe p"'posn:;
ollhl. SI.ndard, .hol lneludo S.II.r, Buy.. .nd .ny brok.rs .cllng In ng.ncy or non.goney 'olollon.'~ .ulllOrI..d by Choplo, 475, F.S. (1993), .. .monded. Ih.. be ."'lIIod 10 'ocov..
ronsonnblo Allomey's leos, ~sls IInd expenses. '11 .
S. F^'lUnE OF PEnFonMANCE, " Buy., I.U. 10 p,,'onn IhI. Conl.ocl.wllhln Ih. 11m. .poclll.d, Inclutfong parm.nl 01 nR ...."".11(.). U.. de....fllo) p.1d by 1Iuy.' and doposll(.) .I/'o.d
'10 bo paid, mny be rOlalned by or lor Ihe accounl 01 Soda, ns agr.ed upon liqukJnled d:unngns, consldl,nllon.lor U,o eXOl:u11on of IhII Conlrtact nnd In IuI ""lemenl of nny cWrnr.:
whe'eupon, Buyor end Senor ahiln bl relieved 0' oU obngallons undor Ihls Conlr.acl: or Selle', nl Sellor', o;,lIon, may procood In eqully 10 enlorce 8ello", rig".!' tit..lhl, Conl,ricf. 1110'
IIny ,ohson olhor lhon fallul. 01 Senor 10 make Sener's Iflle Inarkelable nller dillgenlellorl. Seller rnfls, '1oglect~ or relUS'llo perform IIQ Contracl. a. Buyer mey leek .".chlc pl!,fOflnnncn
or etocl 10 receive Iho ratu," 01 Buyor', depo!lil(5) without Ihereby waWlng nny Dcllon lor damngos rosulling f,om Seier., bre"ch.
T. COtlTnACT NOT nECOnDABLE; PEnSONS BOUND; NOTICE: Nollhor 1I11~ Conl.ocl nor nny nollc. of II .holl bo ,oco,dod h. .ny public '....110. T1~. C..'lrocl.....R I~nd o,~1 hXlln
10 "'0 benelil 011110 pmlles nnd Ihelr IUCCOSr.~fI In Interosl. Whanover Ihe conlo:d pelmits, slngula. sl1nh Includo plu.nl ond ono gonder shan InducJe on. NoUcrt given by 01 10 Ih" nllo1ney
lor any pnr'y liilmll bo ns ofleclivo os If given by or 10 Ihol pAlly.
U. CONVEY ^NCE: Sollor .holl convny rill. 10 Iho R.ol P,oporty by .Ialulory wnnnnly, hu.I...., po..onnl,.p'05onlnllv.'. or guo'dInn'. de.d, no """,oprlola 10 II", slnlus 0/ So".r, .'~*'cl
only 10 100110'" conlnlnnd III PRlno,nph VII olld Iho.. olh.""I.o nccoplod by Buyer. P...ollnl PlOp.'ly ohnll, al ,oquo.' 01 Ouy.r, bo lr.nllOllod by .n ohlo/llln bl1l of .nl. wllh wnllnllly 01
&IUn,luhloct ol,ly 10 nllch n;rillrus M.mriy b6 oUiorwl~o provkfod for helleln.' . ..0 . . ,.~.. '. :: ';.'. .
v. OlllEn ^GnEEMENTS: No prior or pro!lnn1 ngfonmenl~ or rnpro!;onl:1l1ons ~l1nll bo binding uron Ouyer 01 Sailor unle5s Includod., Utls Conlrncl. No modlflc:nUon 0' r.r"""'i'" hllhf.-
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. :' ..
ADDENDUM TO CONTRACT FOR SAI,E AND PURCHASE
This Addendum to Contract for Sale and Purchase by and between TEMPLE
SINAI OF PALM BEACH COUNI'Y, INC. (Seller) and CITY OF DELRAY BEACH (Buyer):
In addition to the terms and conditions of the Contract for Sale and Purchase by and
between Seller and Buyer, the parties agree as follows:
1. It is understood and acknowledged by Seller that Buyer is purchasing this
property in conjunction with the settlement of a certain lawsuit styled Tate vs Ci\y of Delray
Jka.ch, Case No. 93-5198 AI, This lawsuit involves adjoining lands to the north of the Temple
property. This Contract is therefore subject to and contingent upon the settlement of said lawsuit.
In the event said lawsuit is not settled prior to the closing date set forth below, Buyer, in its sole
discretion, may elect to terminate this agreement and the escrow depos~t made hereunder shall be
returned to Buyer. In the alternative, notwithstanding the fact that the above-mentioned lawsuit is
not settled, Buyer, in its sole discretion, may elect to proceed to closing upon the terms and
conditions hereof. Buyer shall notify Seller of its decision to either terminate the contract or
proceed to closing within thirty (30) days of the scheduled closing date. In the event this Contract
does not proceed to closing because of the failure of settlement of the above-referenced lawsuit and
Buyer further elects to not proceed to closing hereunder, Buyer's option to purchase as set forth in
the Reservation Agreement dated May 27, 1993 shall remain in full force and effect as set forth
therein.
2. In addition to the purchase price set forth herein, Buyer shall, at its sole
expense, provide those site improvements in accordance with Paragraph 4 of that Reservation
Agreement between Buyer and Seller dated May 27, 1993, including the providing of a suitable
driveway access to the existing dumpster on the Seller's site: This provision shall survive closing
of title. All such site improvements shall be done to City of Delray Beac~ code specifications and
Seller shall not be responsible for any costs related to the same.
3. Seller specifically acknowledges that this Contract is assignable to Excel
Development Corporation, or nominee, provided Buyer shall remain fmancially responsible for all
site improvements required by that Reservation Agreement between Buyer and Seller dated May
27, 1993.
4. Seller agrees to permit Buyer, or its assignee or nominee, to have access to
the property for engineering and surveying prior to closing.
5. Closing will occur on or before January 10, 1996, or five (5) days after
Excel Development Corporation obtains permits to record a plat for the property to the north of the
Temple property, whichever is sooner. Closing shall be held at the Law Offices of Brackett,
Cook, Sued, Welch, Hewitt, D'Angio and Tucker, P.A. at 218 Datura Street, West Palm Beach,
Florida. Brackett, Cook, Sned, Welch, Hewitt, D'Angio and Tucker will furnish owner's title
insurance at Buyer's expense. Buyer, or its assignee or nominee, shall be responsible for all
recording fees, including documentary stamps, and the cost of an owner's title insurance policy.
TEMPI:.E SINAI OF PALM BEACH
A""~~ COUNTY, INC.
By: ~t1- 9~
retary .
CH, FLORIDA
Attest: Au~~ '.' By: ~-:::.-e
~City Clerk h. Mayor
, ;
Approved as to FO~
~ ,:
~ity Attorney ( , ' . ' ;
,.. .:: ~
'1
,
~, ."
,
~.. ~
'J . 'J " ';. ,. :~.' \"~"'~"I
~l"ii\ ~'~'\"'.J :~., 'd"I.Il. r(:l"'A" t't;' .)!"I'~""~';i,':I,:,\\,,,~,:,'\o""','a'lt"1 ,': : ::.","; 1'-:" :, ':'.' ',',' '. ',' ',',' ~ ::~',l'l '
\' ' e" ~ ~,:.IlND PU.lC Astt ',,'" " ,", ., ,.1
1 ,~. , , ,I ~ n'B I '14'1\.'1""'1.1,,,. ",\","", v-ft.
'1."" ..,\~ '. '\" . ' .', ., ,.,'
;.'IT.\,j a:.l~.;.\j;,.\.VII'l':';~,j,""'''''t:Il''''''~~''~l.w.''''.~' '" ~~';l.6"a'" .r."'..' '., ~ .-
'1, !\'. &I nlu 'MSSa~rA'''u", a~flERLTan-=- Rn.. Tn!! f:LCJnluA liAR ",'y ,', :,' i t' . """" \ i
I:':A\'''~''''~I.''j''''P.,lll,tr.t'l!~';''I'II;.I/'_I,\!~.\,,'l:,;},I"'~~'<"~r:~,I~,;,!I" I..'<:"!,'I\,.I,, ','.','" ,., ,...",'('1.,',.".... 1,1 .' 1\, ',,, . I. t .
.q ". '.,. "', ,'....\r" . " 'I.' ,'r,.l",,'\" ,01, '" .... I ." , ..Jf. .,' ",', I ,'. '.. . I ,
PAI1T1ES: ,. Temple S~ncii of Palm Herich County, Inc~, a Florida corporation, ~"&Jllor")"::"\
, ,.,'
01 (l'hono ),
ond -c.;L~or Dclray Beach, a Florida muuicipal corporation l"B!!}'!!r"',
or ~LOO rL w. '1st Avcnuc, Delray Beach, Fl. 3y,f,f, ". '.. (Phono - - ),
he.eby OlJloo Ih~1 Iho Snllor oholl Dell ond Buyer sholl buy lho lollowlng reol proporly rlle~1 P,uI2Y!.!.() ond porsonol proporly rl'orsor~..llcollecllvoly "~I~l~') upon Iho 101l0wh'l1
1011110 ond condllloll5, which INCLUDE Iho Slondords lor Ilool. Eslolo Tronsocllon5 l"SlaiKloldW") p.lnled on Iho rovorso 01 oUacr.ca :\.1(1 ony !lklo.s ond li.kJc.Kln 10 Ihb h'5hllonnnl.
I. DESCnlf'T10N:' .
: (~) Logol tloscrlpllon 01 h~~II'IOPo;ly locolod In Palin Beach CoU;;ly, Florldo:
Sce Exhibit A attached hercto and mnde a part hereof.
(1)) Slreel oddllJSS, cliy, lip, or Iho Ploperty Is:
,
(c) l'orsol1lllly: ____
.) , 105,000.00
II. PUIlCr/ASE I niCE....:.. .!. .......................... ....... ................. ............... ........ .....,...... ............ ............. ............ ..... $
"^YMENT: '.
(;I) Doposil(olloboholdlnosclowby I1rackett, Cook, et ;:11 Inlh"omounlol...$ See Addendum
(b) AtldlllonOlI 05CrOW doposll within doys ollor Ellocllvo 0010 Inlho ol1lount 01............................ '...,........,...,.. $
(c) SubJoctlo AND o5sumpllon 01 mOl Igogo In good slondlngln lovor 01
I ,
hovlng IInllPt'lloxlnml1l presonl prlnclplIl bll~"ICO of , ,. $ ,
(d) ,I'lIrc"".5~' nionoy 11I01lg0g0 ondnolo boarlllg ollnuollnlmoslol 'Y. (soo AddendUI1l)In nl110llnl 01 .. . . . . . " . . . .. .. ., ..:. $
(e) 011001': $ __
" .' .'.. J' .. See Addendum
(I) Oalnnco 10 c1oso (U.S. c09h, LOCALLY OnAWN cerhlro or cashier scheck), sllh)ecllo odlustl11.mls ond pmratIo1l9............;....,.".$
III. 'TIME i:OIl ACCEPTANCE; EFFECTIVE DATE; tACSIMILE: \I Ihls oller Is 11(11 eKeculod I;y ond dellverod 10 nil pnrllos 011 tACT Or- EXECIJrlo~1 coinmunlcnled \n w.lllno
, .
belween 1100 porll"9 on or bolOlO . , Ihl) d"p0511(9) will, 01 DlJyer's opllon, bo rnhimed 10 Ollynr 11m! Ihl, ollor whhd,nwn. A r;lcslmllo copy 01 Ilrls
Conllod ror Salo 'ond rllfchaso ("Conlrocl") ond ony s!gnah/los 1r0loonslooll bo consk/elod /01' 0111 purposes ns orig/nol!), llro dale 0/ Coltlrod ("Ellectlvo /Jalo") will Ire ilK! dal.. wlt"n
Iho lost ~n~ or liTO Uu)'or ond Sollor Irns slgnod 11.15 oCler. ' . -
Iv. r1NANCING:. ';".: 1 ".'j .' ,.."... .' :::'.':
I . '. . . ..' .', ..~., '"
(0) II Ilro p\!lchnso pdco or nny, pml 01 II Is 10 bo IInnncod by 0 1I.lrd-par ty loon, Ii,li Con\rnci' Is condlilonod on 1110 Buyor obtaining n wllllon cOl11l11llrnent lor (CIIECt< (II
or (2) or (3)): (I) 0 n rl.od,121 0 nn ndiusloblo 01 (3) 0 0 !ixed or od)IIs1oblo inlo loan wli"in~ dny,; nilor EII"cllvo Dulo 01 llI1lnl\l"lllIln"'5I,oI0 nol 10 e.cnr.d __ ".
lorr;lol' YOIll~ and lor lho />rlnclpal amollnl 01 $ .' . '. n~~;' ~lii';;,~II~ ~';;)ljc~I\~n'wilhlll dol" :11101 Elloellve Onlo OIll1lJso 10050"",,111
dillgon~o 10 oblnin Iho loon c~l1l1nllmOnl one!, Ihmeoller, 10 moot Iho lorms ond cond"fot;~;~rlll;~'~~;:,;n'li"';;~I:i '~n~ cloroo Iho loon. Buyer sholl poy nllloilrl (l~DOn5e5, II t"rylll
loll:; 10 oblnln Iho commllmOll1 or loils 10 WOllvo Buyor's righi, u,xlor Ihlo sll"pmaqrllph wllhlll.lho 11019 lor obloh~ng Iho commllmonl or 0110' dil'llQnl ollorl ':lilll 10111001 Iho
lerrns ond condilions 01 Iho comn>ll1110nl, Ihen eilhor porly Ihorenltor by prompl wrillen nollco 16 th9 01h9' may callOel lho Conlrncl ond Ouyer sholl bo rohllxlod Iho dOJl05111.).
(b) Tho e~lslir,g morlgngo doscribod In Parograph lI(c) obove has (CIIECI< I i) 01 (2)): (1) 0 0 varlObio li,loiooi rolo or (2) 0 0 lI~ed Il1loroot rato 01 'Yo IInr nn'UJln,
. . , .
AI limo olUllo Irons lor soma lixod Interost mlos oro sublocllo Increaso.li Incroased, Iho mlo sholl riol o~coo~' ''Y. por nnnum. Soli or slmll, wilhln (I;>y. niter
. " '. . " . , '
Ellocllvo Dolo, Iurnlroh olnlol11onis horn 011 ;'lOr\9;>geos 510111'11 PrlllOlpOlI bnlone01l, molhod 01 pOly;"o,;I, 'nloroo\ ro\o ond sIal liS 01 morll1nnoo. II Buyor h09 nllrood 10 OSllurno n
llIorlongn which l'oQuiros opproval 01 Buyor by Iho morlgogoo 10' o.sumption, 1l1On 13uyor sholl prompUy obtoln nllll!q\Ilrod ol)plleoUons olxl will dlllp"nUy complnlo nnd .olllln
11t"1lI 10 Iho 1lI0.1{l0(1l)0. Any morll1i1l1ee chnrO'!ls) 1101 10 o~<:eod $ sholl bo pn/d bl'. '. ' '(II nol f11l)d In, oQually dlvldodl. 1/ Elur,o. 19 nol oc<:erJled
by mOllllOlgoO or \ho requlrolllonls lor assumplion aro nol In occordonce wilh Ih<l lorms 01 Ihls 'Conlrncl or 11lorlgnlleo 111011109 n cholllo In ox~e99 01 Iho s nlod nrnolllll, Sollor
or Buyor moy rosclnd 11115 Conlrocl by prompt writtOh no\ico 10 Iho olher pnrty unless ellhor olocls to lmy lho Incroooo In Inlolosl rolo or o~coss mOllg:lQoo choroo..
V. TITLE EVIDENCE: AI lO;lsl .30 doys bololo closing dale, Sellcr 51mll, ot Sell~r'!l p'xp~ns~, dolivor 10 ~uycr or 13l1yor'o nllolney,In necoldm\Cll wllh GIOId:ml A,
(CHECI< (I) or 12Jl: (1) 0 obstroct or \IUo or (2) 011110 Insuranco commilment nnd, nllrr closlllg. owne.'s polIcy of lido 'miliioliCo. '?
. I 'I j '. . ., , "1'1,:-:1.. '.'. :' ,.' '.
VI. CLOSING DATi:: ti,ls Iron;acllon sholl bo clo~od OInd lhe dp-od'nnd olhor closing pot'lels dellverod ~;1 S~C .dd~emdliDl '. unloss O~IO;'ldod by olhnr proYlslOI19 0/ COlltrod.
VII. r1ESTIlICT/ONSi EASEMENTSj LIMITATIONS: Buyer sholllnko 11110 subJocllo: lOninq. loslrlellon1l. prohlblllonri irnd olhor 10qullelnonl!llmpQsod by govnrnmentol nlJlhollly; tn!ltrlellon!l
Olin mnllors o\)PoOllnll on Iho plnl or ollwwlso common 10 tho subdivision; public ulllity ~osomonls o( rocorU (e0gemonls oro 10 bo locoled conllouolJo 10 11001 Proporly IIn09 orK!
nol moro IhOln 10 1001 In width os 10 Iho roor or lron\ IInos ond, 7 V, leol In width 119 10 Iho skill 11110', ~'Ios!! olhorwl!/o slortl horoln): I~os lor YOOl 01 clonlrl{l nllll nllhs'~1I1H1nl
yoorS:OSSlllllodmorlgO\JlJsondpu,ch050moneymorlgOlgos,llnny;olher: ,Easernents an matters 0 recor.
: \).uvkJnd.
Ihollhero o~isls 01 closing no. violation ollho 100ogoi;'O ond nono olll1em provenls \ISO ollloal Propcrly I~r residential p"'po~"b),
: . 1:'" ,,-..! ,\
VIII. OCCUP^NCY: Sollor worrnnl!! Ihol \hero Ole no pal lies In OCC\.poncy olhor 111011 Soller: hilt. II Proporly L. Il1tondod 10 be rOl1lod or occupied boyond closing, tho loct o,~f Imms
Ihorool sholl h{l slolod hOlol11 nnd Iho 10110nl(s) or occUPOlnls dlsclosod PlllsU3nl 10 Slnnr],ud F. Soller og'009 10 dellvor occupancy 01 Proporty 01 luno 01 closhl{l unloss olhorwise
slaled hOleln. II occupancy Is 10 110 deliveled bolole clo5/nq, l3uyar OSSUnlQS 011 risk of loss 10 Properly /rom dolo of occuPOlICY. shall bo rnsponslhlo nnd 11l1blo 101 molnlcnnrrco from
11101 dolo. and sholl bo doorned \0 hovo occepled Proporly 111 lis exisl1ng condlllolloS o( Ihno ollaldng occupancy ullloss olherwlso slolod hOlel1l or In 0 ,oporolo wriling,
. ." . . . . -. .
IX. TYPEWnrfTEN on IlANOWniTTEN rnOVISIONS: Typowrlllen or hOlrxlwrlllel1 provlsiOIlS sholl con'lrol 011 printed provisions 01 Controctln conlllct wllh lhorn.
X. I1IOEllS: \CIIECI< II ony ollho lollowlnll Ilidors oro opplicoblo ond orll nllached 10 Ihis Contrac\): :
. . .. .
(n) 0 COASTAL CONsmucnON CON1!lOL LINE /lIOEn (e) 0 r-OnEIGN Il~VESTMENr IN nEAI. pnOPEIlrY lAX, ACT !lIOEIl (11) 0 r1liVVA !lIOEII
Ih) 0 CONOOMli~IUM 1lI0EIl " " (dl d INSULMION nlOEn III 0 01llEn:
XI. ASSIGN^OIl1TY: (CIIECI< (I) or (2)): Duyer (II :.l1l10Y ~sslgr1 br,I,f) l!f,~:ty nol ossillnlhIs9~lIlraci. ....... . j,
XII., SPECiAL CLAUSES: ICIIECI< (I) or (2J): Add"'ridv,nl~~~,I~~\".:JllJd~rl~IP .'ho;o;l~ "lo.I\d(l~';lrJ~m~ ,(! i' ~ I
f ," , I I . ' '1< 1 r" . r ":. tjl" .:. .. . 1 ,'" :."- ;'" 'jL' -',.. ," ~ '" ",' , It" '"! . I
XIII. I lIME IS OF mr.'.ESSENcE 01' TltlS CON;rn:ACr,:'" ;;, H4.'.~ 1-.' ."y": ",: "; "~'. . ;.~ :,... '. I :.' OU~. Errs IrllllALS
,~ ~ . ,I .t J.j 1,1 I.' I \. 1 , "',.. II t t ,. .\ "I.
XIV, DISCl,?SlJIlE{Ouyor 0 OGI1,;0.wlodoos '0,:0 d~ca nol. ock'~vj~~o,rocaIPI ollho nqflllcyltndOl1/oo/l'll'lonsollon ond oslll11olod closll1(1 couls disclosures,.,. .',"
TIlls IS INTENDED TO DE ^ L~G^LLYI:JINDlNGCONm,iCT,Jr-:.NOTFULLY UNDERSTOOD, SEEK TilE ADVICE OF AN ATTOnNEY rlllon TO SIGNING.
I ,.. TIPS FOI1M liAS nEEN N'rnOVEO DY lll~ rLOI1I1J^/lSSOC\J'\IIOIolOF nr:.^l1onS ^Nu '11.110 rlOnlO,\ nM.
" : :. AH,om( ri;Jf1' '''01 Co""'llIlo /Ill ~"'t7Il"ol ""1' Qf ""'i,."';s ""d'r.'7td1",",.:kr Ihl" c...~l1lcl ~1f1"k1 bo llCct'pIod hy U,o prvUII. ~ 0 p"'IIcJ", ~"""CtlO'" film" ,I
, ",01 CI>K/II(Of'S slr.ouId bo ""rJollo'od 1"5"-<1 t~JIl'f 11/0 ro~"",rl"". ~lrM!Srs. or~p.c(/,..,. ""oJ b"Vn/rrlr'l1 posH"".. of o' bdoro.slod ,,,,,,,,,,..../ ..
· . '~'.CO. r'l111GIII' IO.91.tJ. '( .llIE 1'1.0'1101\ O^" NlIJlIll' rl0I11\)^. A:3sacll\:I0!1 01' I1EN.IOI1S. ' .
, . .; " - - - - - - - - - - "'1'EfU'Llr- SINAI OF PALM llJ~ACll CO\lirfY, lNC.
---1,. . . ,;.-/ ,.... .... 1,141-' D'" ...JJ' tr" LL ~ -"Ix/u"'"
IUUyo,)." ' , '. '-, . '.' . ISol1.,) "
s~~ . :. ~S'~'l\y~r"l .'. .
[Jalo Onlo
IJJ-d. ~ 6~a.-C:t~~ \Sol!o'l
~rpjsocllr YOr,To~/~~~ . SOc\OIISncurilyorToxI.O.'
Dep051l under Porog'oph II(n) roceivod; '0 fEll I^N C^SII, TlIEN SUOJEcr /0 CLENlANCE. IE~c'ow ^Ilolll)
OnOI<~ll'S FEE: Ici IEd< Ai~o COMPL~lE TIlE ONE Al'l'lIC^OLEl By:
o IF i\.J.llilIt!gACHJJ;~M.f8NTllliunnENTlY It!.EJlE-GJ.j . .
SOllor oOleos to poy lho /0 IeI' nomad bolow, ineWII.g coopornting svb,ng'?Illa /1all1ed, nccorcJlrrg 10 Ilro lerms or on o~lsl!ng, snlJOI(1ln "sling ngroanrnnl:
0" I
o IL.li.QJ1$]]!iG ~sgMgt!llL<;JmQENn.Y IN EIlECI;
Sollor lI\Jrnos 10 poy Iho Olol<or nnmod below, n\ limo 01 closlno, Iro'n Iho di~b\l1lloll1(!nlo 01 tho procoods 01 Iho 9nl(1, componoallon 111 \ho omoUl11 01 ICOMPLE TE ONLY ONE)
_ 'Y. 01 gros~ purchosO plica or :$ 101' B.uknr', sOIvle05 In effoclln\llho ~ofo by IIndlno Iho B'ryor leody, wllllno nnd nhlo 10 /1l1rchn90 PUI!I\lnnl fo fho f(JIogolrlQ CCfll\rOr.l.
\I I)lIyor loib 10 pot/mill IIn" tlO/lor.II{~) Ir. rQlnll1od. 50'1, Ihorool, bill 1101 oor:orIJlI'll Iho 13.ol\IJ/'o Inll nboyo />Ioyldod, shell hn paltl (1101101 ns lull conslllornllon 101 J)lfJltor'n na,vh:e.',
I ','I"n rnnln nvpnIl,!orl I1v l'rollor. oml '"0 "alonco oholl 110 Ilold 10 Sollor, If lh~ 1rnIlO;:lcllnn "hnll nol clono bncnl/So of rnlunnl or Inlluro 01 Sollor 10 pol/orrll, Snllor oholl/lIIY Ih.,
,. . """ "".1,0'. 1"0 I',., No'mlll,," I'nrly ""Idl ,orovor '~on""nl1ln nt1Or/1(1y'n (OM 0'1(1 r.",ln.
,
.. .~:. STANDARDS FOR REAL ESTATE TRANSACTIONS
.
/,. EViDI:.. ';E (j'o' TITI-E: ~1) Anl\~slll\aoLllllo prop,lfod or brought cUllenl by n repulnblo nnd oxlsling nbshncllirm (IInol oxlstlng tllOn ccrllllod os cOllocl hy on existing lI11n) "lllpurlin!!
10 ~o nil a~'t:umto r.ynopnls 01 Iho Inslrumonls ollocllng lIt1e 10 Iho noal Properly rocolded In Iho public mcords ollho county whore In nonl P,opOlly Is locolod IhlOUllh Ellncllvo Dolo nnd
which shall commonco wllh Iho oorllosl public records, or such lolor dolo os mny bo cuslomary In Iho counly. Upon closing ollhls Iransncllon, Iho obslract shnll be como Iho plOpOlly 01
Ouyer, suh/ecllo Iho rl{lhl 01 rolonlion Iherool by IIrsl n~orlgogoe unlll lully pnld. (2) /1.1i!!Q..JusJll.an<;;eJ;o.!!lJ'lU!DQllllssued by 0 noMn IIconsod \1110 Insuror ogreolnlllo Issuo 10 Ouyor, upon
rocor(lIng ollho dood 10 Ouyor, on owner's policy ollllle Insuronco In Iho omounl 01 Iho purchasa prlca InsUling Ouyer's IIl1a 10. the nenl Propally, sublocl only 10 lions, encum\)loncos,
excepllons or l]uolificollons sol 100Ih In Ihls Contracl ond thoso which shnll bo dlschnogcd by Seller 01 or boloro closing. Seller sholl convllY IIImkolnblo 11110 SUbJect only 10 lions,
encullllnnncos, oxcopllons or lIuollllcollons spocillod In Ihls Conlrnc1. Markelnblo 11110 shnll bo dolormlned according 10 opplicoblo Tllla Slandards mloplod by nulhollly 01 Tho FlOIld" Om
ond In occordonco with law. Buyor sholl hnvo :10 dnys, II obslracl, or !i dnys, IIl1l1e comml1menl, Irom dolo 01 recolvlng ovldonco 0111110 10 oxomlno II. 1111110 Is lound dolocllvo, Buyo. ~holl
within :I dnys IholOoller, nolily Sollor In wrlllng specifying delecl(s). If Ihe dorecl(s) render lillo unmorkeloblo. Soller will have :10 days Irom recolpl 01 nollco 10 removo Iho delecls, falling
which !Juyor sholl, wllhln IIvo (5) dnys nller expimllon ollha Ihhly (30) day (ledod, deliver w.lllen noli co 10 Sellor ellher: (II exlending the limo lor n reosonnble period nollo oxceed 120
days wilhln which Sellor shall uso dlllgont 01101110 remove Ihe delecls; or (2) requosllng 0 relund 01 deposll(s) pold which sholl hl1modlnloly be rolurnod 10 Buyar. II Bllyor Inils 10 50 110llly
Sollor, Ouyer sholl ho doomed 10 hovo occepled Iho lille ns II Ihen Is. Soller sholl, II lille Is found unmnrkolablo. use diligel1l eHorl 10 corrod delecJ{s) In Iho lillo wllhln tho lime
provided Iherelor. II Soller Is unnble 10 romove Ihe dolocls wllhll1lhe limes nllowed Iherelor, Buyer shnll either wnlve the deleels or receive a relund 01 dO(losll(s), Ihereby relonslng nllyer
nnd Sollor Irom olllu.lhor obllonllol1under Ihls Conlrncl.
B. PUnCIIASE MONEY MOIlTGAGE; SECUIlITY AGnEEMENT TO SELLEn: A plllchnso monoy mOllgoge nl1d morloago nole 10 Soller sholl "rovldo lor n :lO.day oraco porlod In Iho
ovonl 01 delnull II n IIrsl morlfj(1go ond a 15.day g'nco po.lod II a second or lossor 11100lgngo; shnll provldo lor .Ighl 01 p.epaymonlll1 wholo or In pml wllhoul ponnlly; shnll ponnll
occoloralionln ovenl oltranslor ollho Renl Pro(lolly; sholl rel]ulre all prior lions nnd encumh,ollces 10 bo kepi In good slamling ond IOIhld modlllcallolls 01 or lulwe odvnnces undo. "do.
morlgnge(s); sholl relluire Buyer 10 1110lnloin policlos ollnsuronce conlolnlng a slanda.d rnollgogoo clouse coverh'{I all hnprovernonls localed on Iho neol Proporly agolnsllho "",I nil
perils Included within Iho lerm "exlended cover age endorsemenls" and such olher risks and perils es Soller may roosonnbly requl.e, In an Ilmounl e(IUollo Ihelr hl!)hosllnsurohlo vnh oe;
ond Iho morlgngo, nolo and securlly agreemenl shnll be olherwlse In lorm and conlenl rel]ulred by Seller; bul Seller rnny only require clouses and covernge cuslorn:JIlly lound in
morlgages, morlgoge noles and socurity lIgreemenls gene. ally ulilized by savings and loon Inslilulions or stole or nollonal banks loco led In Ihe counly whomln nool Propelly Is localed.
All Personnl Plopo.ly ond lonses being conveyed or Ilsslgned will, III Soller's opllon, bo subjecl. 10 Ihe lien 01 n securlly agreemenl evldonced by recordod Iinanclng slalemenls. II n
bnlloon morlgnge, Ihe IInnl pnyment will exceed Iho periodic poymonls Ihereon.
C. SUIlVEY: Buyer, al Buyer's expenso, withlnllrne allowed 10 deliver avidence 0111110 nnd 10 exarnlno sarno, moy hnve Ihe neal Propo.ly surveyed nnd cellltied by a rogislaled FlorIda
sllrvoyor. II survoy shows oncroachrnenl on nenl Proporly or Ihallrnprovornonts localed on 110nl Property encronch on solbock lines, easemenls, lands 01 olhnls or vlolnlo ony rnshicllons,
Conlrncl covenanls or applicablo govommenlal regulallon, Ihe salllo shall conslllulo a IIIle delec\.
D. TEnMITES: Ouyor, nl Buyer's oxpense, wl1hirl tlmo ellowed 10 deliver evidence ollille, mny have Ihe P.operly Inspecled hy a r-Iorldo Ce.tllled Pesl Conhol Operolor ("Operalor") 10
delerrnino 1I1hme Is any visible octlve lerrnita Inleslnllon or visible damnge hom lerrnilo Inle81nllon In Ihe Properly. II ellher or bolh ore lound, Buyer will have ~ days lrom dnlo 01 wllllen
notlco Ihorool wl1hln which 10 havo cosl ollronhnenl, II required, estimaled by Ihe Opernlor and all dnmngll, Inspocled and osllrnnlod by a licensed builder or gor\!!rol cOllhnclo.. Soller
5hnll pay vnlld cosls ollronlment nnd ropalr of all dnmngo up 10 Ihe amoulIl provldod In Parngrnph XfV(n). Should eslimnled cosls exceod Ihal alllounl, Ollyor sh..1I hovo Ihe opllon 01
cnllcollng Conlroct wllhln 5 days allor recolpl 01 contraclor's repair oslirnnle by giving wrillen nollce 10 Seller or Ouyer may elecllo procood wl1h Iho honsacllon, In which evonl [luyor slonll
rcceivo 0 crodil al closing ollhe nmounl provldod In Parngraph XIV(o). "rerrnllos. shnll be deomed 10 Indudo all wood deslroylng orgnnlsms rellulred 10 be ICporled under Iho Florida Pnsl
Conl.ol Acl.
E. INnllESS AND EGIlESS: Soller wnllnnls ond represenls IImllhero Is Ingress and egress 10 the neal Proporty sulllclenllor I1s Inlended use ns described In Pnragraph VII ho.eol, 11\10
10 which Is In occoldnnco wl110 Stnndnrd A.
F. LEASES: Seller slonll, nolless Ihnn 15 dnys belo.e closing, lurnlsh 10 Ollyer copios 01 011 wllllenlOllses nnd osloppnllellors hOIll oach lenanl spocllylng Iho nnlvre and durntlon ollhe
lennnl's occupnncy, ronlnl roles, advanced lenl and socurlly deIJoslls pnid hy lenanl. \I Seller Is unnblo 10 oblnln such leller Irorn each Ion anI, Iho some Inlormnllon shnll bo IlIrnl~hod by
Sellor 10 tJuyer within Ihnlllmo period In lho lorrn 01 a Soller's nllldavll, and Buyor may Iherealler conlnct lenanls 10 confirm such Information. Seller sholl, nl closing. dollvor lInd os sign
all originnlleasos 10 Ouyer.
G. LIENS: Sellor sholllull1lsh 10 tJuyer al time 01 closing on aflidavil allesllng 10 Ihe nbsence, unless olherwlso p.ovldod lor heroin, olony IInnncin!1 slnlomonl, clnhns 01 lion or polnl1l1nl
lIenors known 10 Sollor Ilnd lurlher ollosling IIml Ihoro hnve beon no Irnprovernonls or repairs 10 Iho Properly lor 90 days Irnrnedlnlely precedlnll dolo 01 closing, \I f'lopooly hns heon
Imp.ovod or repnlrod wllhln Ihal limo, Soller shnll delivor 'eleases or wolvols 01 conshuctlon lions execulod by all gel1ernl conlroclOls, subconl.or.lors, supl'lIo.s and molerlolmen In
addition 10 Sollor's lien nlfldavll soiling lorlh 'he nornes 01 nil such goneral conlraclors, Sllbconlrnclors, 'suppllers and malerlahnon nnd IUllher olflrrnlng Ihal 011 chn.ges for Imp.ovoml'nls
or lopalrs which cOllld selve os a bosls lor 0 conslrucllon lion or a claim for dmnnges hnvo boen p"ld or will be paid nl closing ollhls Conlrnc\.
II. PLACE Or- CLOSING: ClosIng sholl be hold In Ihe counly wheroln Iho neol Properly Is localed allho olflco ollhe nllornoy or olhor closing olJnnl deslgnaled by Sellor.
I. TIME PEntOD: In compullng timo porlOds 01 less Ihnn six (6) dnys, Salurdoys, Sundays and slolo or nollonollegnl holldnys sholl bo oxcluded. Any lima periods provldad lor herein which
sholl ond on n Snlurdny, Sunday or 0 logal holldny sholl oxlond 10 5:00 p.m. ollho nexl business day.
J. DOCUMEN rs Fon CLOSING: Seller shalllurnish Iho deod, bill 01 snlo, conSllucllonllon allldavll, ownor's possosslon ollldnvll, osslgn.nonl5 ollnnnos, lononl nnd mOllga!leo I'slol'Pl'1
lellers and corrective InshuI11enls. Ouyor shnlllll'nlsl1 closing slolelllonl, I1100tg1lga, mo.lgago nole, securlly agoool11enl ond IIn:ii'clng slalOlnonl5.
K. EXPENSES: Documonlory SIOlllpS on Ihe deed and recording 01 correclivo Insllumenls sholl be paid by Seller. DocumenlillY slamps Ilnd Inlonglhlo lox on Iho purchaso I110lley
mo"gago and nny I11orlgngo ossumod, ond recording 01 purchaso money morlgage 10 Soller, deed and IInanclng slalemenls sholl bo paid by tJuyor.
L. pnOnATIONS; CIlEDlTS: Toxes, assessmenls, renl, Inlnresl, Insurance and olher expensos nnd revenuo of Proporly sholl be prornled through day beloro closing. Buyer shall havo
Ihe opllon 01 laking over nny exlsllng policlos 01 Insurance, II assumable, In which ovenl premiums shall be proralod. Cosh at closing sholl ba Increased or decICosed as mny bo requhed
by prorntions. Prorallons will be mode 1I110ugl1 day prior 10 occupancy" occupancy occurs bolore closing. Advance renl ond security deposits will be credillld 10 Buyer and escrow deposits
held by morlgnueo will be crodilod 10 Sellor. Tnxes shall be prornled basod on lhe cunenl year's lax wllh due ollowonco mode lor mnxlmum ollownhle dlscounl, homesleod and olher
OX0l111l1l0ns. II closing occurs 01 0 dalo whon Iho currant year's mlllogo Is nolllxed and cunenl yoar's assessmenlls nvnllahle, loxes will bo prorolod bosed upon such ossossmonl nnd
Iho prior yom's mlllago. II current year's ossossmenlls not ovnllnblo, Ihon Inxes will bo prornled on Iha prior yoor's lox. II Ihere 010 compleled Irnprovomonls on Iho 11001 Proporly by
Jonuory 1s1 01 yem 01 closing, which Irnprovol11enls were nolln exlslenco on Jnnuory 1s1 01 lho prior yo or, Ihen loxes shnll bo proraled basod upon the prior yeor's rnlllago ond 01 an
equllablo ossossmenl to be ngmod upon bolween Iho par lies, Iniling which, .elluesl will bo mndn 10 Iha Counly Properly Appraiser lor on Inlonnrllossossmonllaklng Inlo consldcrollon
ovoilablo exemplions. Any lox plorallon bosod on on esllmalo shnll, al request 01 ollher Buynr or Seller, be subsoquenlly "!IldJusled IIpon recoipl 01 lox bill on condlllon Ihol a slalol11onl
10 Ihol elloclls In Iho closing slalemenl.
M. SPECIAL ASSESSMENT LIENS: Cerlilied, conllrmed and ralifled special assessmenlllens as 01 dnlo 01 closing (nol as 01 ElIlIclivoDnle) oro 10 bo paid by Soller. Pondlng liens oS 01
dnle 01 closing shnll be assumed by Buyor. IIlhe hnplovomonl has been subslanllally comploled os 01 Ellec\lvo Dnle, nny pending lion sholl bo considered cerlllled, confirmed or ralilind
OI,d Sellor shnll, al closing, bo chargod an amounl aQunllo Iho Insl esllmale 01 assessmonl for Ihe Improvemenl by Iho public body.
N. INSPECTION, JlEPAII1 AND MAINTENANCE: Soller warrnnls Ihnl, ns 01 10 days prior 10 closing, the colllng, rool (Including Ihe Inscln nnd sollils) nnd oxlellor nnd Inlellor walls,
loundnllon, seawnlls (or oQulvnlenl) and dockago do nol hnve any VIGII3LE EVIDENCE 01 lonks, WaltH damllgo or slluclu.nl damngo ond fllOllho sepllc tnnk, pool, nil oppllances,
rnochanlcnl lIems, hoallng, cooling, oleclrlcal, plumbing syslelns and machlnory are In WOnt<ING CONDITION. Tho loregolng wnllnnly shall bo I1ml1ed 10 Ihe lIems spocllled unloss
olherwlse provided In on lIddendum. Buyor may, al Buyer's expense, hnve Inspocllons made 01 Ihose 1I0ms by Il lirm or Individual speclall7.lng In hlJmo Inspor-flons nnd holding on
occupalional license for such purpose (II required) or by on apprbprlalely licensed Florida conllaclor. Buyor shnll prior 10 Buyer's occupancy or nolless limn 10 days prior 10 closing,
whichover occurs IIrsl, ropOllln wrlling 10 Seller such lIems 111111 do nol meel Iho abovo slnndards ns 10 defecls. Unless Buyer reporls such dolecls wllhlnlhnlllmo, Buyer sholl bo dool11P,d
10 hovo waived Sellor's wnrranllos os 10 delecls nol raporled. II ropalrs 01 replocomonls ora mllulredlo comply wllh Ihls Slandard, Sellar sholl COIlSO Ihom 10 bo modo nnd sholl poy up 10
Ihe el110unl provided In Pnrogrnph XIV(b). Soller Is nol rel]ulrod 10 moko ropairs or replacements 01 0 cosme lie nel\lla unless coused by 0 dolect Sellor Is responslblo 10 repnlr O' .oplnco.
IIlhe cosl lor such repair or replacel11enl exceeds tha nmounl provided In Paragrnph XIV(b), Buyer or Seller mny elecllo pny such excess, Inlllng which ellher pOlly mny cancollhls
Conlmcl. \I Sellor Is unnbla 10 correct Iha delecls prior 10 closing, Ihe cosllhareol shall bo paid Inlo escrow 01 closing. Seller sholl, upon reosollable notlco, provide ulllllles service and
accoss 10 Iho P.oporly lor Inspections, Including a wolk-tluough prior 10 closing, 10 onslJle Ihal allllems 01 Personnl Proporly 0'0 on Iho noal Proporly ond, sub)ocllo Ihe lore going. Ihal
all roquhed repnlrs nnd replacomenls havo beonmade and lI1allho Property, Including, bulnollimlled 10, Ihe lawn, shrubbery Ilnd pool, II nny, hns been mnlnlolnod 11\ Iho condlllon exl.tlng
as 01 tho Elloctlve Dnlo, ordinary wear and loar oxcepled.
O. n1SI< or- LOSS: IIlhe Properly Is damaged by lire or olhor casually belore closing ond cosl 01 reslornllon docs 1101 exceed 3"10 ollhe ossessed valuallon ollha PropOlly so damngod,
cosl 01 rostoralion shall be nn obligation ollhe Seller and closing shnll proceed pursuanllo Ihe terms ollhls Conlrncl wilh roslorollon costs osc.owed al closing. IIlhe cosl 01 rosloratlon
oxceeds 3% ollho assessed vnlualion ollhe Improvemonls so dnmnged, Duyor shall hovo Ihe opllon 01 .ellher loklng Proporly ns Is, logelhor wllh oilher Ihe :1"10 or nny Il\sulOnco plocoods
pnyalllo by Vlrluo 01 such loss or damnge, or 01 cnncellng Ihls Coni lOcI ond receiving mlurn 01 deposll(s).
P. rllOCEEDS Or- SALE: CLOSING PIlOCEDUIlE: Tho deed shnll bo recOlded upon c10nrnnce ollunrls. II nbslrncl of lille hns boon IlIrnlshnd, ovldencfl 0111110 sholl bn cOllllllund nl
Buyor's exponse 10 show Iille In Buyor, wllhoul any encumbrances or chango which would render Seller's 11110 unmarkolnble homlho dolo ollho I"sl ovldonco. Proceods ollhe solo sholl
bo held In escrow by Seller's ollornoy or by nnolher mulually ncceplaule oscrow agenllor a pOliod 01 "01 more Ihon 5 days alter closing dolo. 1/ Seller's tillo Is rondored unmarl(olablo,
Ihrough no loull 01 Buyor, Buyor shall, wllhln Ihe 5.day period. nollly Seller In w.lllng 011110 delecl and Seller sholl have 30 days horn dole ollecelpl 01 such nollllcatlon 10 curo Ihn dclecl.
II Seller Inlls 10 tlmoly cure the de loci, all deposll(s) and closing funds .sh!!II, upon WlUlen de.\mnd by Buyer Ilnd wl1hln 5 days nl1er domond. he relull10d 10 Ouyor and, slmultnnootJsly wllh
such iepnymenl, Buyer shall.elurn Ihe Porsonnl Proporly, vacale Iho Renl f'roporly nnd recollvey Ihe Proporty 10 Seller by spoclnl worronly doed lInd bill 01 soln. II Ouyor lolls 10 11101<0
lilHely domand lor rolund, Buyer shalllnko title os Is, waiving nil rlghlsngplnst Seller os 10 any Inlervenlng de loci oxcepl os may be evnlll1ble 10 Buyor by vhluo 01 warrnnllos conlalncd In
lho dood or bill 01 snlo. 1/ nporllon 01 Ihe purchnse prlco Is 10 be derived Irom Inslllullonal financing or refinancing, reQulremenls 01 Ihe landing Inslilullon os to place, tllIIO 01 doy and
procedures lor closing, ond lor dlsbursoment 01 morlgago proceeds shnll conlrol over conhnry provision In Ihls ConllDc\. Seller shnll hnve Ihe rlghl to roquh 0 Irorn Iho lending Insll1ullon n
wlillon Comml\menl Ihat II will no\ wllhhold dlsoursemonl oll11orlgago :fJrOGeeds as a rosull 01 ony title de loci allribulnble 10 tJuyar.morlgngor. Tho oscrow nlld closing procoduro Il1qulred
by Ihls Slnndard shnll bo wnlved" IIUo ngonllnsures adverse ;nnllOls Jlursunnllo Geelicn G27.70~', F..S. (1993), 35 amended.'
a. ESCIlOW: Any escrow agonl (:lI..llfl.n[) rocolvlng lunds or equlvnlonlls aulhorlzod and ogroes by occoplnnce of Ihemlo doposlt Ihom promptly, hold snrno In OSCIOW and, nuhlncllo
c1o"rnnco, disburse Ihem In accordanco with lorrns lInd condillons 01 Coni roc\. r-nilure cl clearnnce 01 lunds shall not excusa Buyor's porlormance. II In dOllo\ os 10 Agent'5 dullos or
Iinbililles under lho provisions 01 Conlrncl, Agenl may, 01 Agont's oplion, conllnue 10 hold Iho suhlecllllaller ollho escrow unlilll,o pnrllos mulually n!l'en \0 Its dlnbursemenl or unl11 a
ludgmonl 01 a coult 01 compolonlluolsdlctlon shnll dolermlno Iho rlghls 01 tllO pmtlos 01 Agonlmny deposl1 sarno with Iho clolk of Ihe circuit courl hovlng )u,lsdlcllon ollho dlspulo. Upon
nolilylng all pnltlos concerned 01 such action, nllllabilily on Iho parI 01 Agenl shalllully lormlnolo, excepllo Ihe oxlent 01 nccollntlng lor any Items previounly dollvcred oul 01 esclow. 11 0
licensed .onl eslalo brokor, Agonl will comply with provisions 01 Chnpler 475, F..S. (1993), ns nmended. 'Any suit belween Buyor ond Seller wherein Agenlls omdo 0 pOlly b,'callso 01
ocling as Agonl horeundor, or In any sun \'fheroln Agenllnlerpleads Ihe sublecl mnlle. 01 Ihe. escrow, Allont shall recover mosorrable nllornoy's Ices o'ld r-osls Incurred wilh Iho lecs and
cosls 10 bo paid Irom ond oul 01 the escrowed lunds or equlvalonl and charged and nwarded ns courl cosls In lavor ollhe prevnillng pOlly. Parlles agreo Ihal Agenl sholl nol ho liablo 10
nny pmly or porson lor mlsdollvery 10 Buyer or Sollor 01 Items subJocllo Ihls escrow, unless such mlsdelivory Is clue 10 wllllul bronch 01 IIl1s Contracl or gross negligonco 01 Agen!.
R. ATIOIlNEY'S FEES; COSTS: In any Iillgollon,lncludrng brooch, onlorcement or Inlerprelallon, nrlslng oul ollhls Conlracl, tho provnlllng porly In such lIt1gntlon which, lor Iho PUlfJOSOS
ollhls Slandard, shalllncludo Seller, Buyer and nny brokers ncllng In ogency or nonogency rolollonsf~lps nulhorlzod by Chap lor ~75, F.S. (1993), os omonded, shnll bo ontllled 10 recovor
reasonnblo n!lorney's leos, costs And exponses. .. i .
S. r-AILURE OF PEIlFORMANCE: 1/ Buyer fails 10 perlolln Ihls Conlracl.will,ln Ihe IIl11e specified, Including paymenl 01 011 deposll(s), Ihe deposll(r.) paid by Buyer and deposlt(s) nnroed
10 bo paid, moy be rolalnod by or lor Iha accounl 01 Sellor os agreed upon lilluldnled dnlllagos, consideration. lor Iho oxocullon ollhls Conlroct nnd In lull.solllol1lenl or OilY clalllls;
whereupon, Buyol end Soller shilll be rallevod 01 011 obllgallons ,mdor Ihls Conlrncl; or Soller, 01 Sellor'~ option, moy procood In ollulty 10 on(orco Sflllor's rlghls undor Ihls Conlrnc\. II lor
ony ronson olhor Ihan lallura 01 Sollor to make Seller's Iille markotable niter dillgenl ollorl, Sellor lolls, neglecls or roluses 10 perlorm Ihls Conlracl, Ihll Buyoi mAY soek specUlc pn.lormonco
or elocllo recolvo Iho roturn 01 Buyor's deposit(s) wllhoullhereby wnlvlnll nny ncllon lor damages rosulling Irom Seller's breoch.
T. COtnllACT NOT nECOIlDAOLE; PEnSONS BOUND; NOTICE: Nolther Ihls Conlrncl nor any nollca 0111 sholl bo recorded In eny public rocords. This Conlrocl sholl hind ond In\lro
10 Iho benelil ollho partlas nnd Iholr succossors In Inleros\. Whonover Ihe conlexl permils, slngulor shalllncludo plurnl and ono gendor sholl Include nil. Noilcn given by 01 10 Iho allo.ney
lor nny parly sholl bo ns elleellvo os 1/ glvon by or 10 Ihal pnrty.
U. CONVEYANCE: Sollor sholl convey litla 10 Ihn neol P.oporly by slnlutory wnrranly,husleo's, personal roprasonlatlve's O( guordion's deed, a~ approp.lnle 10 Iho slnlus 01 Sellor, sllhlocl
only 10 mollors conlnlnod In Pnragrnph VII nnd Ihoso olherwlso nccepled by Ouyer. Personal rrope/ly sholl, 01 rOljlJosl 01 Ouyor, bo Irnnslerrod by on nbsolule bill 01 solo wllh wall only of
11110, 5\1blocl only 10 nuch niril10rs M.mriy b6 olliorwlso provldod for horeln." . . . ,::... :, :.'. .
V. OTItEIl AGllEEMENTS: No prior or p.osonl agroornenls or represonlatlons sholl bo binding "pon tJuyor or Sollor unloss Includod In illls Conhoe\. No modlllcnllon or dlOn(/n In 1I,Is
('... ',.,01 r."" II Ion voU" (lI hh"UnlJ IIpon lion parlins unless In wllllno nnd exocilled by Ihe pOlly or parties h,londod 10 bo bound by II. . .
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
This Addendum to Contract for Sale and Purchase by and between TEMPLE
SINAI OF PALM BEACH COUNTY, INC. (Seller) and CITY OF DELRAY BEACH (Buyer):
In addition to the terms and conditions of the Contract for Sale and Purchase by and
between Seller and Buyer, the parties agree as follows:
1. It is understood and acknowledged by Seller that Buyer is purchasing this
property in conjunction with the settlement of a certain lawsuit styled Tate vs. City of Delray
&ad1, Case No, 93-5198 AI. This lawsuit involves adjoining lands to the north of the Temple
property. This Contract is therefore subject to and contingent upon the settlement of said lawsuit.
In the event said lawsuit is not settled prior to the closing date set forth below, Buyer, in its sole
discretion, may elect to terminate this agreement and the escrow deposit made hereunder shall be
returned to Buyer. In the alternative, notwithstanding the fact that the above-mentioned lawsuit is
not settled, Buyer, in its sole discretion, may elect to proceed to closing upon the terms and
conditions hereof. Buyer shall notify Seller of its decision to either terminate the contract or
proceed to closing within thirty (30) days of the scheduled closing date. In the event this Contract
does not proceed to closing because of the failure of settlement of the above-referenced lawsuit and
Buyer further elects to not proceed to closing hereunder, Buyer's option to purchase as set forth in
the Reservation Agreement dated May 27, 1993 shall remain in full force and effect as set forth
therein,
2, In addition to the purchase price set forth herein, Buyer shall, at its sole
expense, provide those site improvements in accordance with Paragraph 4 of that Reservation
Agreement between Buyer and Seller dated May 27, 1993, including the providing of a suitable
driveway access to the existing dumpster on the Seller's site: This provision shall survive closing
of title. All such site improvements shall be done to City of Delray Beach code specifications and
Seller shall not be responsible for any costs related to the same.
3. Seller specifically acknowledges that this Contract is assignable to Excel
Development Corporation, or nominee, provided Buyer shall remain financially responsible for all
site improvements required by that Reservation Agreement between Buyer and Seller dated May
27, 1993.
4, Seller agrees to permit Buyer, or its assignee or nominee, to have access to
the property for engineering and surveying prior to closing.
5. Closing will occur on or before January 10, 1996, or five (5) days after
Excel Development Corporation obtains permits to record a plat for the property to the north of the
Temple property, whichever is sooner, Closing shall be held at the. Law Offices of Brackett,
Cook, Sned, Welch, Hewitt, D'Angio and Tucker, P.A. at 218 Datura Street, West Palm Beach,
Florida. Brackett, Cook, Sned, Welch, Hewitt, D' Angio and Tucker will furnish owner's title
insurance at Buyer's expense. Buyer, or its assignee or nominee, shall be responsible for all
recording fees, including documentary stamps, and the cost of an owner's title insurance policy,
TEMPLE SINAI OF PALM BEACH
Attest?~ ~ COUNTY, INC.
By: ~LJv IL Cfi; <
ecretary Pres' e ~
Attest: I!ru~~ By:
~City Clerk ,
Approved as to FO~
~i .:.
~ity Attorney .
I ~!
"
I
~
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [7t r
SUBJECT: AGENDA ITEM # 9E - MEETING OF DECEMBER 5. 1995
RESOLUTION NO. 88-95
DATE: DECEMBER 1, 1995
This is before the Commission to consider a resolution supporting
the appointment of an additional member to the Metropolitan
Planning Organization.
The Board of County Commissioners has requested an additional
voting member to be appointed to the MPO to represent the
unincorporated areas. The additional County voting member would
be chosen from a statutorily authorized planning board as allowed
under Chapter 339.175, Florida Statutes.
The MPO submits to the Governor any requests for changes in
membership, with supporting documentation such as resolutions in
support from the local governments.
Recommend consideration of Resolution No. 88-95 supporting the
appointment of an additional member to the Metropolitan Planning
Organization,
!~ 5-0
, '
RECE~~G',~\
METROPOLITAN PLANNING ORGA~A~~~5
OF CITY M~~"f";-:"'" MH'"
tv_! I J "~I
PALM BEACH COUNTY -
160 Australian Avenue, Suite 201. West Palm Beach, Florida 33406 Tel. (407) 684-4170
November 15, 1995 ill ~N~~:: @
CITY COMMISSION
Mayor Thomas E, Lynch ?; ~t24~
City of Delray Beach
100 Northwest First Avenue 0/ bl~ ,. b71-/
Delray Beach, Florida 33444
RE: Additional MPO Voting Member Support
Dear Mayor Lynch:
The Board of County Commissioners has requested an additional voting member be appointed to
the MPO to represent the unincorporated area. The MPO membership currently consists of five
County Commissioners, 2 elected officials each from Boca Raton and West Palm Beach, and one
elected official each from Delray Beach, Boynton Beach, Lake Worth, Riviera Beach, Palm Beach
Gardens, Belle Glade, and Jupiter, and one elected Port of Palm Beach Commissioner. The
additional County voting member would be chosen from a statutorily authorized planning board as
allowed under Chapter 339,175, Florida Statutes.
The membership of the MPO is apportioned and appointed by the Governor. The MPO submits any
requests for changes in membership with supporting documentation. The supporting documentation
includes resolutions of support from the local governments required by State and/or federal law to
agree on formation of the MPO, These local governments are Palm Beach County and the cities of
Boca Raton, Delray Beach and West Palm Beach.
We are requesting a resolution of support for the County's request for an additional voting member.
Enclosed is a sample resolution for your consideration, The adopted resolution should be forwarded
to the MPO office.
P.O. Box 21229, West Palm Beach, Florida 33416-1229
.
-
-
RE: Additional MPO Voting Member Support
November 15, 1995
Page 2
Your support is appreciated. If you have any questions, please contact me.
Sincerely,
d~~PE.
Director
RMW:pvn
cc: Vice-Mayor Ken Ellingsworth, MPO Member
-
.
I
-- .,-,-.,---,,, . _...~ . --~ ... -" .,.--- . . .-,..-
I
i
RESOLUTION NO. 88-95 i
,
I
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, SUPPORTING THE APPOINTMENT I
OF AN ADDITIONAL VOTING MEMBER REPRESENTING PALM I
BEACH COUNTY TO THE METROPOLITAN PLANNING
ORGANIZATION OF PALM BEACH COUNTY, PROVIDING AN I
EFFECTIVE DATE. I
i
WHEREAS, the Metropolitan Planning Organization of Palm
Beach County (MPO) is created through an Interlocal Agreement with
membership from Palm Beach County, City of Belle Glade, City of Boca
Raton, City of Boynton Beach, City of Delray Beach, Town of Jupiter,
City of Lake Worth, City of Palm Beach Gardens, City of Riviera I
Beach, City of West Palm Beach and the Port of Palm Beach; and i
WHEREAS, membership is composed of five County i
,
Commissioners, eleven municipal elected officials and Port of ,
one I
Palm Beach Commissioner for a total of seventeen members; and I
WHEREAS, Palm Beach County has petitioned the MPO for the i
I
addition of a new voting member from a statutorily authorized
planning board as a result of the Board's desire to include more
representation on the MPO from the unincorporated areas of the
County; and
WHEREAS, the MPO has agreed to request the Governor
appoint an additional member to the MPO to represent Palm Beach
County; and I
I
WHEREAS, the request is to include supporting resolutions ;
from the local governments which are required by federal and/or
state law to be in agreement on formation of the MPO, including Palm ,
Beach County, City of Boca Raton, City of Delray Beach and City of ,
West Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City of Delray Beach, Florida, hereby ,
I
supports the County's request for appointment of an additional I
I
voting member to the MPO representing Palm Beach County. ,
Section 2: The City Commission of the City of Delray
Beach, Florida, hereby directs the City Clerk to submit a copy 0 f
this resolution to the Metropolitan Planning Organization of Palm
Beach County.
,
,
.
..- --- . ~
Section 3: This resolution shall take effect immediately
upon adoption.
i
I
I
PASSED AND ADOPTED in regular session on this 5th day of I
December, 1995.
~~ !
i
i
ATTEST:
Oil Nm Yrf> 1'. k I ')D7l1c fir
City Clerk
-2- Res. No. 88-95
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER['rv1
SUBJECT: AGENDA ITEM # 9.P, - MEETING OF DECEMBER 5, 1995
CHANGE ORDER NO. 2/o'CONNOR & TAYLOR. INC.
DATE: DECEMBER 1, 1995
This is before the Commission to consider Change Order No. 2 to
O'Connor & Taylor, Inc. in the amount of $15,510 as part of the
final reconciliation for the Municipal Golf Course Clubhouse
project.
The extra charges include items related to the interior design
package, additional electrical items and fire sprinkler heads.
There were miscellaneous additions, changes and credits associ-
ated with the project.
Recommend approval of Change Order No. 2 to 0' Connor & Taylor,
Inc, in the amount of $15,510 from the Municipal Golf Course Fund
- Buildings (Account No. 445-4763-572-62.10) .
fomrn/:S.5/on wnncl-s J cltn /ei)
b I!-f/h:;1JO<..tJ n 9- btfJ/J9I7;:mon ot (JIJ.Mtj&5./
who RS~ foe- , 'cI- whose- ,eeSpl).SI b I'''' ~./
J
erk .
/t; s rFbI? e.t:J *' 1..2/1.;if<i5
,
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C1jtt'1
SUBJECT: AGENDA ITEM i q,(1.- MEETING OF DECEMBER 5. 1995
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: NOVEMBER 29, 1995
Due to the automatic resignation of Peter W. Margolin, there is a
vacancy on the Board of Adjustment to fill an unexpired term ending
August 31, 1997.
To qualify for appointment, a person must either be a resident of
the city or own property and/or own a business in the city.
Applications have been received from the following:
Donald Allgrove
Janet Baron
Richard Brautigan
David I. Cohen
Anne Hoctor
Leo Koppman
Janet Phipps
Benjamin F. Ricker, III
Nicole Sarlo
Sid Soloway
Jess Sowards (currently serving as alternate member)
Leonard Syrop
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 schedule, the appointment will be made by
Commissioner Smith (Seat #1).
Recommend appointment of a regular member to the Board of
Adjustment to fill an unexpired term ending August 31, 1997.
.:::r~:5 SOWR-eD S A-p poln feD liS
1feqf.L/~e. fnf./nbE.e
ref:agmem02 5-0
'.
BOARD OF ADJUSTMENT 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Michael G. Park P PIP P P
Robin Bird P pip P P
John Baccari (al'pnt 8/95) PIP P P
Cheryl Lee-Bennett P PIP P P
Peter Margolin (appn . 8/9 5) A/A A A
i
Alternates
C. Lee Wilder Ex AlA P P
Jess Sowards (appnt 11/95 P
. .
. .,
.
. CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
(. NAME ~~ M ~O\<l~D~
~t.I pQJ \"t'\ 0 v~r~ \. '33'183
}lOME ADDRESS (S~re!t,. C!ty,,,~ip Code) (LEGAL RESIDENC ) . .3~444
3y tv E \ a::( Aut....
,
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Co e
HOME PHONE 27B-47S"O BUSINESS PHONE "l/~-~S"(
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~~ AW~ANl:~
~VIENJ ~
f10A
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) 5Rl2..66 . Clo-
Wh1MUNr1( Af?~~OC ~p b-'lO'fb 8-10
qlJ
EDUCATIONAL QUALIFICATIONS _~, Dr: Afa.\.rtmVeE. W}..\I\1f;'~S)1'(..Qf ~'f,
(
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
_~S1""f.~D N-c~1"l'U'l - ~'fA~\?A-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
C-Uf!1Z1C. ~E: '.} .re/~ ~~Jp..~S - ~~ l.:~t.~,l-J~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
eM 6PL.O'(~ "g1 u JI~Ir:- ~ '.1.JlS\O~ ~. FO~ cg '\fCA)e..~ 1-
IN. 1:?nf'~'i ~ 16 A 'P.M. AlJD FAMIU~ 'W'T~ 1Jj1.5.
('l~f:SS ~Jl.- Mf1/)V~S hJ() g:&\t:.l-J CDNS'O~"QtC.JS
PLEASE ATTACH A BRIEF RESUME.
1 HElEBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION KAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
8'~"4o
DATE
4/90
, '
,r
.
~. '. ..
.
JESS M. SOWARDS
C' 3>51 Kirklevingtoo Drive #51
lexingtoo. Kentucky 4OS02
(606) Z73-3918 .
OBJEC11VE: INTERN-~HITECT Seeking a ctlaIlenging employment ~~ that utilizing ITTt abilities aoo kroNIedge
dthe ardlitectlnl P.~I and pnMdes., em!IIent ~ftr aMIamellt.
EDUCAnON: UNlVERSnY OF KEN11JCKY . COhlpleted 5 )lBIf' ptlgI'II1l wlth Bachelors d Arctitecture degree In 1987.
EASI'ERN KEN11JCKY UNlVERSnY - ~ 52 hcus bYard an Asx:Iates degree In drilfting and
- design tedlrIoIom' from 1978 to 1980.
- PROFESSIONAL SELF EMPLOYED : ~ngtoo.l'<<ltucJ<y . Aprtll987 to present
EXPERIENCE: AR:HrrEC11JRAL OfSIGNER presently designing seMaI deslgn ccraptioos ftr a restaurantlbar In Frankfort
aIalg the ~ River.
PERSPEC11VES DESIGN GROUP INC. . PlkeYIJIe.I'<<ltucJ<y. September 1984 to August 1985
ORAfTSMANIDESIGNER SlJCa!SSt\JIIy designed and supervised CM!r $1.500,(X(lln residential cmstnJctial.
RespaISiblJities Induded dient relations. site supervIsIcrl. presentatiallschemati aOO YtO'king drawings,
material/pl"c:Wct selectioo. and biddlng/cootract negotja1:icm
( CAI . PikevlJJe, Kentucky. May 1984 to September 1984
EST1MA1ORICONSTRUCT1ON WORKER successrully lnYoIYed with prQject bidding and estimating 00 an
eIemeIltary school. Respoosibitities also Included site wor1<. assisting superviscr In Interpretatioo of blue-
prints. 00 site design dedsials and Jabor wax.
PERSPECTIVES DESIGN GROUP INC. - Pikevil\e. Kentucky - May 1983 to August 1983
DRAFTSMAN/DESIGNER respooslbIe ftr all va1<irw:J drawings. 90% of the prqjects were residential. ranging
from $200.000 to $1,(X(l.OOO, 10% of the work was educ:at:looaI coostructioo. Direct cootact with all
clients. bidding and arrt:ract negotiatims and logo designs. .
JAMES A. ELLIS & ASSOCIATES - Plke.tille, Kentucky. May 1980 to August 1982
DRAFTSMAN acting ~ zsistant to chief designer and respoosible ftr compIetioo and accuracy of wa1<ing
drawings In an:hItecbJra\ otftce. ~ 100Uded an 11.1Jtlry otnceIreta1\ building with parXlng garage.
~ office buDdirw:J. shopping center. a religious sanctuary. ski resat de\'eIopment and analysis, housing
dew!lopment. ~ rennovatia'I plan and residential cmsttucticrt Active ctJties Included Ca'lStrUction de-
taIIlrw:J. materiallproclJct selectioo. site supervlsioo. dient reJatims. CXlde reserach. bidding and cootract
negotja1:icm
ADVANCE ENGINEERING - PikeYlIJe. t<entucky. May 1979 to August 1979
APPRENTICE DRAFTSMAN respoosibiJe ftr compIetioo of unde. 91 ~nd m1nlrw:J maps. surface mining maps. .
property plots. CXI1toor drawings and ftelclImlnlng SUl"ejirw:J, ~
PERSONAL: Bc:rn 12-11-60. single. excellent tulth,
( EnjaJ a variety of spcrtirw:J activities. These Include tennis. skiing. scuba diving and golf.
0
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [11/v'
SUBJECT: AGENDA ITEM - MEETING OF DECEMBER 5 1995
CONTRACT ADDITION (C.O.#l)/RAY OUALMANN MARINE
CONSTRUCTION. INC.
DATE: DECEMBER 1, 1995
This is before the Commission to consider Contract Addition (C.O.
No. 1) and 45 day extension to Ray Qualmann Marine Construction,
Inc, in the amount of $19,650 for seawall and retaining wall
rehabilitation at N.E. 2nd Street at the Intracoastal Waterway.
The extra charges include miscellaneous additions, changes and
credits associated with the proj ect . Funding in the amount of
$7,500 is available from Basin Drive Pump Station (Account No.
448-5411-538-62.23) , and $12,150 from Seawall Construction
program (Account No. 334-3162-543-61.93) .
Recommend approval of Contract Addition (C.O. No. 1) and 45 day
extension to Ray Qualmann Marine Construction, Inc.
~~ )ji:21
(m/lt.(ot:. U{/leh ds.s&7o/ifJ9)
,
Agenda Item No. q fI
AGENDA REQUEST
Date: November 30, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 5, 1995
Description of item (who, what, where, how much): Staff requests the
City Commission to consider approval of a Contract Addition (C.O. #1)
for $19,650.00 to Ray Qualmann Marine Construction, Inc. on the
Seawall and Retaining Wall Rehabilitation (miscellaneous contract
revisions). Also is a request for an additional forty-five (45)
calendar day time extension to the Contract.
The work includes an add for the removal and replacement of an
existing deteriorated seawall at N.E. 2nd Street at the Intracoastal;
a credit for design revisions to the seawall at S.E. 10th Street at
Knowles Park due to overhead power lines and trees; an add for
seawall/pump station wall construction at Basin street Pump Station
Rehabilitation (CDB proj 93-70); an add for construction of
additional seawall at N.E. 5th Street required to match existing
seawall conditions; and a credit for changing the specification
requirement on batter piles for entire project. The scope of work is
discussed in more detail per C.o. #1 attached.
Funding is available from account number 448-5411-538-62.23 (Basin
Drive Pump Station) for $7,500.00 and 334-3162-543-61.93 (Seawall
Construction Program) for $12,150.00.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recommendation: Staff requests appr val of a Contract Addition (C.O.
#1) for $19,650.00 to Ray Q~n Marine C ruction, Inc. . Also
included is a request for an ;?i 1 f -f've (45) lendar d y
time extension to the Contrac t/
, ,,"
Department head signature: .'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: YE VNO
Funding al ternati ves ,lie ble '\.{J 511-
~ Account No. & Descri Y\. I ('. YV ,
. Account Balance S c:httstn
Ci ty Manager Review: . 6J 334 -31t/2.-~4-3. ,- ~.ea kJtt II Itc-h't
Approved for agenda. 9/NO \. . -h,()'vl.ut' ':b Ft 1\1 j) 6tu f-
Hold Un~il:, . '\1, \<;0 fv b0 So I . v
Agenda Co~rd1nator Renew: '(/1v. SO"l +v-. <;.Q..g.. S~~nI/lJ I {{fili YS
Rece~ved: ' 0 (,A/V~ Y' Dm ,
Placed on Agenda:
Action:
Approved/Disapproved
,
Memorandum
To: David T. Harden, City Manager
From: Howard Wight., Dep Dir Construction DiVi~
Date: November 30, 1995
Re: Seawall and Retaining Wall Rehabilitation
Project 94-47
C. O. #1 Request - Miscellaneous Contract Revisions
-----------------------------------------------------------------
Staff requests City Commission to consider approval of a Contract
Addition (C.O. #1) for $19,650.00 to Ray Qualmann Marine
Construction, Inc. on the above referenced Project. Also
included is a request for an additional forty-five (45 ) calendar
day time extension to the Contract.
The work includes an add for the removal and replacement of an
existing deteriorated seawall at N.E. 2nd st at the
Intracoastal; a credit for design revisions to the seawall at
S.E. 10th st at Knowles Park due to overhead power lines and
trees; an add for seawall/pump station wall construction at Basin
st Pump Station Rehabilitation (CDB proj 93-70) ; an add for
construction of additional seawall at N.E. 5th st required to
match existing seawall conditions; and a credit for changing the
specification requirement on batter piles for entire project.
The scope of work is discussed in more detail per C.O. #1
attached.
Funding is available from Acct No. 448-5411-538-62.23 (Basin
Drive Pump Station) for $7,500.00; and 334-3162-543-61.93
(Seawall Construction Program) for $12,150.00.
CC : Dan Beatty, City Engineer
William H. Greenwood, Director of Environmental Services
Memos to City Manager
File: mem09447.doc
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. 1 PROJECT NO. 94-47 DATE:
PROJECT TITLE: Seawall and Retaining Wall Rehabilitation
TO CONTRACTOR: Ray Qualmann Marine Construction.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
It:em No.1. Construct new seawall at N.E. 2nd St and the Intracoastal Waterway per
plan details. Seawall to extend from the south Right of Way to the north Right of Way of
N. E. 2nd St. The new seawall is to be constructed to allow for the two existing concrete
pipe drainage outfalls to protrude through the new panels as directed by the City
Engineer.
1 LS X $16,800.00 = $16,800.00
It:em No.2. At S.E. 10th Street seawall (Site #7, Bid Item #4) due to overhead utility
lines and trees provide new aluminum sheet pile wall with tie-rods and deadmen in lieu of
precast concrete seawall with batter piles. Aluminum wall to be placed in front of
existing wall and the void between the walls is to be filled with flowable fill or grout.
The new concrete cap is to be constructed to span both walls. The asphalt north of the
wall shall be removed and replaced with clean fill and sodded (Bahia) for a distance of 15
If from the wall as directed by the City Engineer.
-1 LS X $9,000.00 = ($ 9,000.00)
It:em No.3. At Basin Drive Pump Station (COB proj 93-70) provide all labor, equipment
and materials to construct new seawall and north wall of pump station. Additionally,
provide labor and equipment to install new top slab, discharge piping, pumps and and flap
gates for station rehabilitation (materials for the installation furnished by City) .
1 LS X $7,500.00 = $ 7,500.00
It:em No.4. At N.E. 5th Street (site #1, Bid Item #1) construct return on new seawall
to tie-in to existing seawall at South Right of Way. Wall section to be consistent with
plan details for N.E. 5th St.
19 LF X $ 350.00 = $ 6,650.00
,
Project No. 94-47
Change Order #1
Page 2
:rt:em No. 5. Credit for providing 4-strand batter pilings in lieu of
specified 8-strand batter pilings as as approved by Gee & Jenson.
2,300 LF X -$ 1. 00 = ($ 2,300.00)
Total Change Order #1 $19,650.00
----------
----------
SUMMARY OF CONTRACT .AMOUNT
ORIGINAL CONTRACT .AMOUNT $ 172,010.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 19,650.00
ADJUSTED CONTRACT .AMOUNT INCLUDING THIS CHANGE ORDER $ 191,660.00
PER CENT INCREASE THIS CHANGE ORDER +11. 4 %
TOTAL PER CENT INCREASE TO DATE +11.4 %
INCREASE IN CONTRACT TIME FOR THIS CHANGE ORDER 45 CALENDAR DAYS
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable.
for Ray Qualmann Marine Construction, Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source 448-54l1-538-62.23 Basin Drive Pump Station for $7,500.00
334-3162-543-61.93 Seawall Construction Program for $12,150.00
DELRAY BEACH, FLORIDA
RECOMMEND: By:
C. Danvers Beatty, P.E. David T. Harden, City Manager
City Engineer
ATTEST:
APPROVED: By:
City Attorney City Clerk
,
407-243-7314 ENGINEERING DEPT 128 P04 SEP 05 '95 13:50
. [f6.M IJ..i
N
PRIVA TE
- - - - - - -.- - - Footing begins to
PROPOSED PARK BEN slope down heading
south and becomes
covered with sand
PROPOSED SEAWALL SHOWN
OFFSET FOR CLARI TY
".~~~ "41: nel '!:f
'. "~" .,1<'
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, '... " "
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.. ....; ......
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-- ---- ~ II
[ II Approx.
- - -=- -= "\ PRIVATE : : bottom
Private Fence
Storm drain
SCALE SCALE
o FEET 10 0 FEET 5
PLAN SECTION A-A
-X IN/1AW, w Ie 1J{j I~fq 91-JI
N. E. 2n d Street
CITY of DELRA Y BEACH I SIlAW.w. , I
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CEMENT GROUT HOLE IN WETWELl AFTER
I r REMOVAL OF PIPE AND REPLACEMENT OF I
CD EL 6.00 .
r------------ ___ _______---, ~! ./ ,"~ P.V,C, VACUUM BREAK
_ ! JA - - - - i .- - -'I! FIN. GR. //
''',i1-"!------- I ------- ~ : EL. 5.00/ NEW SEA WAll
-- ~~ r. /< (.('. .. .1.~=~==";= SEE DETAIL, DWG S
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TING PUMP STATION REHABILITATION SECTION
SECTION
1/2"=1'-0"
SC"LE CONiRACT: "'~ ^r- ,,~. '" & u ..... a _..
l1tr1 P f
N
Dowel new cap in to Seal joints between existing t
existing wall or concrete and new PIS sheet
alternate method pile with hydraulic cement
approved by (both endS)
engineer (both endS) Concrete Block
(to be removed) EL. +4.0' MLW
PRIVA TE Piles OSI.O' O.C (Typ.)
----.,---
-- r Storm
//'42" ~C? drain
( ;:'----------0------:-
, ~--------_. ----- ---
~ Asphalt has sunk down -
with holes as much as
\ 1 foot deep. (To be EL. -6.0' MLW
\. restored)
, -- ,
, - -
'--
--------- . t...
N.E. 5th Street . :. 1 V MI-'W
~--------
... I) I l:~ - EL. -12.2 MLW
.- >' 42" RCP' i
I I . 1- ~-, EL
, I. """*-- -- "-
'-________ _I ~ f_
71 ~ Ap,'p.
------ L bottom
PRIVA TE EXISTING Remove rip rap os
~
'I (to be removed) reauired for construction
~ ana reolace after completion
~ .......... of new wall
"- ">
ix "-
lli. ,J~1 (-;)
SCALE ~ ~
, 10 r- - 5
0 FEET ~ 5CAd
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-
~ NOTE: SEE CONSTRUCTION DETAILS
[.
SHTS 4,5: & 6
SITE 1 . N.E. 5th' Street
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER o/v'1
SUBJECT: AGENDA ITEM # Cf~ - MEETING OF DECEMBER 5. 1995
BID AWARD/IN HOUSE JANITORIAL SERVICES CONTRACT
DATE: DECEMBER 1, 1995
This is before the Commission to consider award of multiple bids
to two vendors (Crystal Building Maintenance and Superior
Service) to provide cleaning services for six buildings at a
total cost of $77,844; rejection of the bids for the Water
Treatment Plant, and authorization to obtain new quotes.
The bid specs were written so that bids could be awarded to one
vendor for all buildings or separately for each building. In
reviewing bid proposals it was felt that in addition to price,
bids needed to include references and contract information,
manning plans, and training program information in order to be
considered.
We requested three references. The low bidder, Five Star
Janitorial, gave references from three buildings, but they all
have the same owner. References on Bright Maintenance, Inc. were
generally "acceptable" with no "outstanding" ratings. Crystal
and Superior both had excellent references. Based on our
analysis we are concerned that Five Star and Bright have both
underbid the work and will be unable to perform satisfactorily.
I am recommending rejection of all bids for the Water Treatment
Plant. Bids received for this facility did not check out in
terms of both estimated hours and hourly pricing. I am
requesting that staff be authorized to negotiate services for
this facility with the two vendors awarded contracts, and make a
selection.
Funding in the amount of $77,844 for the six buildings is
available from various departmental accounts.
Recommend rejection of bids submitted by Five Star Janitorial and
Bright Maintenance, Inc., and recommend the award of cleaning
bids for the remaining six buildings to Crystal Building
Maintenance and Superior Service.
~ (}-<J)~
6'-0
.
. () f<.
(}7--1
[IT' DF DELAA' IEA[H
DELRAY BEACH
f lOR I D "
tI.ftd 100 NW. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.407/243-7000
A11.America City
, III I! MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING DECEMBER 5, 1995
BID AWARD - CLEANING CONTRACT
DATE: November 29, 1995
ACTION
City Commission is requested to award multiple bids to two vendors to provide cleaning services
for six buildings at a total cost of $77,844, and to reject bids for the Water Treatment Plant and
authorize staff to obtain new quotes, Funding is available in various departmental accounts.
BACKGROUND
Bid specifications for cleaning services for City buildings were rewritten this year to include
performance measures on which to base quality of service. In addition to price, vendors were
required to submit manning plans for the specified work for each building in order to determine if
they had a group for the work to be performed and to be utilized in bid analysis, The bid specs
were also written so that bids could be awarded to one vendor for all buildings or separately for
each building.
Attached is a bid analysis. The recommendations presented herein are not based on price alone.
Manning plans were reviewed based on City estimates. If a vendor's plan was reasonable in
terms of hours, then price was divided by hours to determine if the hourly rate was reasonable.
We also reviewed and checked references for each vendor. Other bid requirements reviewed
were training program information, contact persons names in case of emergencies, organization
charts, and contract dates and type of facilities the company had under contract. In reviewing bid
proposals it was felt that, in addition to price, bids needed to include references and contract
information, manning plans, and training program information in order to be considered.
Attached is an in-house bid for the same work for all buildings for comparison purposes. This bid
was arrived at by analyzing each building and tasks to be performed, then estimating hours to
complete task,
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
.
.
Independent of this review, I looked at tasks to be completed with each building manager and we
estimated man hours needed based on our knowledge and experience with other vendors. I also
discussed average costs with an individual who is retired from this business and with another
vendor who did not bid, I was advised that an acceptable hourly rate for this type work would be
between $9-$11 per hour and/or $,85 to $1,00 a square foot. We are recommending rejecting all
bids for the Water Treatment Plant and requesting that staff be authorized to negotiate services for
this facility with the two vendors awarded contracts and make a selection. For some reason bids
for this facility did not check out in terms of both estimated hours and hourly pricing.
STAFF RECOMMENDATION
Staff recommends rejection of bids submitted by 5 Star Janitorial and Bright Maintenance, Inc. as
being non-responsive based on staff analysis of manning proposals and per hour cost. We
recommend the award of cleaning bids as follows:
Crystal Building Maintenance City Hall $28,296 001-1802-512-34.10
City Attorney's Office 4,680 001-1611-514-34.10
Environmental Services Complex 9,360 Various
Police Station 26,784 001-2111-521-34.10
Police Sub-Station UM 001-2119-521.34-10
$70,704
Superior Service Fire Station Headquarters S1...1.4.Q 001-2311-522.34-10
$77.844
RAB:kwg
File:u:graham/agenda
Doc. :Cleaning. Bid
.
.
PROPOSED
CITY OF DELRA Y BEACH
IN HOUSE JANITORIAL SERVICES
FY 95-96
Custodian crew leader # 1
salary $18.982.00
benefits $6.656.00 BUILDINGS
uniforms $221 .00
safety shoes $140.00 City Hall
E.S. Complex
Custodian #2 City Attorney's Office
Water Treatment Plant .
salary $14.850.00
benefits $5.770.00 Police Dept.
uniforms $221 .00 Fire HQ # 1
Fire Sta #2
safety shoes $140.00 Fire Sta #3
Fire Sta #4
Custodian #3 Fire Sta #5
salary $14.850.00 Fire Sta #6
benefits $5.770.00
uniforms $221.00
safety shoes $140.00
Custodian #4 EQUIPMENT
salary $14.850.00
benefits $5,770.00 2 buffers 1700.00ea.
uniforms $221.00 1 Carpet Shampooer 1500.00ea.
safety shoes $140.00 3 Vacuum cleaner 300.00ea.
3 supply cart 135.00ea.
Custodian #5 3 bucket 85.00ea.
salary $14,850.00 3 mops 1O.00ea.
benefits $5,770.00 ' 3 dust mops 25.00ea.
uniforms $221.00 3 broom 20.00ea,
safety shoes $140.00 3 dust pan 15.00ea.
3 squeagies 11.OOea.
vehicle # 1 $3,500.00 Total 9703.00
vehicle #2 $3,500.00
vehicle #3 $3,500.00
cleaning equipment i $9.700.00 The above equipt. list is approximate and is
to outfit three vehicles and five employees
cleaning supplies $8,000.00 which will be be assigned to the cleaning
paper products $9,500.00 detail at the above eleven locations daily.
misc. operating supplie $3.000.00
Total $150,623.00
.
... PROPOSED
IN HOUSE JANITORIAL SERVICES
SUMMARYOF HOURS
Building # of employees # of Hours/Day # of days per Wk. Total man hrs.
City Hall 3 5 5 75
E.S. Complex 2 2.5 5 25
City Attorneys Office 1 1 3 3
Water Plant 1 2 3 6
police Deportment 3 3 5 45
police Sub Station 1 1 2 2
Fire #1 2 3 5 30
Fire #2 1 1 3 3
Fire # 3 1 1 2 2
Fire #4 1 1 2 2
Fire #5 1 1 2 2
Fire # 6 1 1 2 2
Total man hrs./ wk. 197
.
.
~ .-
PROPOSED
IN HOUSE JANITORIAL SERVICES
SUMMARY OF HOURS
PER BUILDING
TASK City Hall Complex CAO DBPD WTP Sub Sta Fire 1 Fire 2 Fire 3 Fire4 Fire 5 Fire6
1 Carpet shampooing 3 0.5 0.125 1 0.25 0.125 0.5 0.125 0.125 0.125 0.125 0.125
2 clean fountains 4 0.5 0.125 1 0.25 0,0625 0.5 0.125 0.0625 0.0625 0.0625 0,0625
3 clean fixtures 3 1.5 0.125 2 0.25 0.0625 1.5 0.125 0.0625 0,0625 0,0625 0.0625
4 floor drains 4 1 0.125 1 0.25 0.0625 1 0.125 0.0625 0.0625 0.0625 0.0625
5 damp mop 3 1 0.125 2 0.25 0.0625 1 0,125 0.0625 0.0625 0.0625 0,0625
6 descale urinals 3 1.5 0.125 3 0.25 0.0625 1.5 0.125 0.0625 0.0625 0.0625 0.0625
7 disinfect 2 1 0,125 2 0,25 0.0625 1.5 0.125 0.0625 0.0625 0,0625 0.0625
8 dust furniture 5 2 0.125 3 0.25 0.0625 2 0.125 0.0625 0.0625 0.0625 0,0625
9 dust surfaces 6 1 0.125 2 0.25 0.0625 1.5 0.125 0.0625 0.0625 0.0625 0,0625
10 dust mop non carpet 2 3 0.125 2 0.25 0.0625 3 0,125 0.0625 0,0625 0.0625 0.0625
11 empty trash 2 1 0,125 1 0,25 0.0625 1 0,125 0.0625 0.0625 0.0625 0,0625
12 machine scrub floors 2 1.5 0.125 2 0.25 0.0625 1.5 0.125 0.0625 0.0625 0.0625 0.0625
13 overhead dusting 2 0,5 0.125 1 0.25 0.0625 0.5 0,125 0.0625 0.0625 0.0625 0.0625
14 polish stainless 2 0.5 0.125 1 0.25 0.125 0.5 0.125 0.125 0,125 0.125 0,125
15 refill dispensers 2 0.5 0.125 1 0.25 0,0625 0,5 0.125 0.0625 0,0625 0.0625 0.0625
16 remove carpet stains 2 0.5 0.125 1 0.25 0,0625 0,5 0,125 0.0625 0.0625 0.0625 0.0625
17 recondition floors 6 0.5 0.125 1 0.25 0,0625 0.5 0.125 0.0625 0.0625 0,0625 0.0625
18 spot clean surfaces 5 1 0.125 2 0.25 0.0625 1 0.125 0.0625 0.0625 0.0625 0.0625
19 spot clean furniture 3 0.5 0.125 2 0.25 0.0625 1 0.125 0.0625 0.0625 0,0625 0.0625
20 spot mop 1.5 0.5 0,125 2 0.25 0.0625 1 0.125 0.0625 0.0625 0.0625 0.0625
21 spray buff 2 0.5 0.125 2 0.25 0.0625 1 0,125 0.0625 0.0625 0.0625 0.0625
22 strip/refinish floors 3 1 0.125 3 0,25 0.0625 1 0.125 0.0625 0.0625 0.0625 0.0625
23 vacuum floors 2,5 1 0.125 2 0.25 0,125 1 0.125 0.125 0.125 0,125 0,125
24 wash interior/ex glass 5 2.5 0.125 5 0.25 0.125 5 0.125 0,125 0,125 0,125 0.125
Average Hrs. per wk, 75 25 3 45 6 1.75 30 3 1.75 1.75 1.75 1.75
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 5. 1995 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.J. REOUEST FOR STREET CLOSURE AND USE OF CITY PROPERTY/"LIGHT UP
DELRAY" : Consider a request from the Centennial Delray Beach
Committee for closure of S.W. 1st Street from the corner of
South Swinton to past S.W. 1st Avenue t and use of the County
owned parking lot at the northeast corner of S.W. 1st Avenue
and S.W. 1st Street for the "Light Up Delray" festival.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # 9J - MEETING OF DECEMBER 5. 1995
REOUEST FOR STREET CLOSURE AND USE OF CITY PROPERTY/
"LIGHT UP DELRAY"
DATE: DECEMBER 5, 1995
This is before the Commission to consider a request from the
Centennial Delray Beach Committee for closure of S.W. 1st Street
from the corner of South Swinton to past S.W. 1st Avenue, and use
of the County owned parking lot at the northeast corner of S.W. 1st
Avenue and S.W. 1st Street from 6:00 to 10:00 p.m. in connection
with their annual "Light Up Delray" festival.
Recommend approval of the Centennial Delray Beach Committee request
for street closure and use of City property for the "Light Up
Delray" event.
.
t"(J~I"il" f-aA r~.:'t0 /671
. .--.-------
To
.. ~, DEe 0 -j 1995
~~~# ;LY3'..- Z/~' "l
------ -
'I --
It\) ,-
30 November 1995 I \A.,'w'v.r'\o-..., ..~
il jJ,- ,;~
./ "'--:;-,\;r- ~ ~ , -----
Mr. Bob Barcinski ' . .:.,t;'\...oO"~b\ ?:. -- ::..:
'l--.........~. 0 -' r--
v.... ' / '.
AS5istant City Manager -;:J--; , 1/, ";.-<' ~'. '1.....:- ,
,.- "- ' , "- I, ' ...::--
City of Delray Beach '- .. t \i~ '
'I, \-,.., ~ , v_,
100 N. W. 1st Avenue /'/V-i':~' ~--: '" ; \
I 0_..._.. ' ,..<<t~-....) \^--'~ . '"
Delray Beach~ Fl. 33444 :.,......., i1-.J..;---"";~ l.--", ./"
RE: CENTENNIAL "LIGHT UP DELRAY"
COMMUNITY HOLIDAY LIGHTING FESTIVITIES
De:ar Bob:
The Centennial Delray ~ommittee is incorporating
the annual "L.ight Up S~JiJliltlln\l in honor of the c:entS?nnial
ve-ar. The awards and festivities will be held at the Sunday
Howse on Saturday, December 16th from 6:00 to 10:00 PM.
-~'/~ In ord~r to facilitate this even t 1 we would appreciate the
City's permis$ion for the following uses of pub 1 ic: property.
---
'r::- E ~l&. -r~ 1. We> would like permission to clo5~ SW 1st Street
, /' "~.-t,~ from thE' corner of South Swinton to past SW 1st
/'t." J :' A..J '"" ( i
I1P p..~~...J --i" Av~nue. This are:>.a will be utilized for food.
music, and possible alcoholic: beveragsos from
6:00 to 10:00 PM on Saturday, December 16th.
CAll Lv.....~~ ., We ~re also asking for approval to utilize the
~-.~.~ ;L'-"'~ -; Z( ~.~ .L- . , "county parking lot from 6:00 to 10:00 for
'1"~/CtA.C!h i..!."-,;../'3F'f -? parking.
.,~ / l-c.,....
The "Light up Oed ray" Committee a$$ures you that the area
will be c: on t r 01 1 ed and kept clean of litter.
Thank you for your consideration ~n approval of thsose
particulcars.
Sincerely, .
A2~~~oy~_~A~--/
Saralyn L. 8uzen
Co-Cordinator-
276-7383
fax 274-8859
sav.pgms
.
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [fJA I
SUBJECT: AGENDA ITEM i 10 . A.- MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 69-95
ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-2
DATE: NOVEMBER 29, 1995
This is second reading and public hearing for Ordinance No. 69-95
which adopts Comprehensive Plan Amendment 95-2. The required
review by the Department of Community Affairs has been completed
and comments received. The Florida Department of Transportation
made two formal objectionsj one concerning the Spence property
future land use map amendment, and the other concerning the
Transportation Concurrency Exception Area (TCEA) . These concerns
have been addressed.
The major areas addressed by Comprehensive Plan Amendment 95-2
include various text amendments, including changes to the Coastal
Element to clarify the City's position on beach concessions, as
well as two amendments to the Future Land Use Map (FLUM) for the
Spence property and the West Atlantic Avenue Redevelopment Area.
These changes are outlined in the accompanying staff report.
The Planning and Zoning Board considered this item at public
hearing on November 13, 1995. There was no public testimony
concerning the FLUM amendments or other items included in the Plan
Amendment, except the amendments related to the beach concessions.
After discussion, the Board voted unanimously to recommend
approval, subject to the deletion of the shelter for the beach
concession and with specific limitations on the services provided
by that concession. At first reading on November 21, 1995, the
City Commission passed the ordinance unanimously, with the
stipulation that the Coastal Element text be modified to reflect
the elimination of the cabana concession portable shelter, and that
the concession be limited to the rental of chairs, umbrellas,
cabanas, and boogie boards. The text of Exhibit "A" to Ordinance
No. 69-95 will be finalized subsequent to adoption.
Recommend approval of Ordinance No. 69-95 adopting Comprehensive
Plan Amendment 95-2 on second and final reading.
~ 6-0 kJ/~ t.v(.;~
)
tc jJ~ 8-3,3 C'f- J/...I.m? o-v-a..t ~
ref:agmemo21 'I hft:}UJ CHh;:rnA Ccncf:~/d-n pceHrh/6 S/;E/k.e ./
F C - /0. /
.
. ,
---_..-._~. -"..,.~_...,.._- . ._"__"d" ..... '__._"__~__.~.~._.,_ ._~.., _. "_"'_,~ .' 0" ,__."..__..____ _.~____~_..._~~.._.__.___...____~____...,_._ ~. _,,~_.., '" .. _.'._~,. -.---- _.~--
'I ~~--- - ..... ~_._~ f
'I ORDINANCE NO. 69-95
"
'I
I,
i! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
II
I' BEACH, FLORIDA, ADOPTING COMPREHENSIVE
rI DELRAY PLAN
Ii AMENDMENT 95-2 PURSUANT TO THE PROVISIONS OF THE
j.
l! "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
jl
! DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES
I SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 95-211 AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, known as the IILocal Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission
adopted the document entitled "Comprehensive Plan - Delray Beach, I
Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 95-2"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on August
28, 1995, in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
95-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 95-2 was
submitted to and reviewed by the City Commission; and I
I
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 95-2 was held
by the City Commission on September 5, 1995, at which time it was
authorized to be transmitted to the Department of Community Affairs
for required review; and
I
WHEREAS, a report of Objections, Recommendations and !
I
Comments (ORC) has been received from the State Department of I
I
Community Affairs and said report has been reviewed by the Planning
and Zoning Board, as Local Planning Agency, and is the basis for
modifications to the proposed Comprehensive Plan Amendment 95-2; and I
.
.
,_ ___ .,.___,,~ ~'.__,..... _..e______-'__ '...._._"....._.^__._....,"~..._...".,.~ .o~_.~'__ .0__.
,-- _...~_... . ..".. ..---......". .... ,,- ....----..-..... ........._-..... .-.....--..-.....- ..-.----... ......-...... ......,.-.. .,. -'---. . "'--"1
WHEREAS, following due public notice, the second of two I
required public hearings on Comprehensive Plan Amendment 95-2 was held :
on December 5, 1995, in accordance with statutory requirements. .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray i
Beach, Florida, hereby declares its intent to exercise the authority ,
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163,3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act".
Section 2. That in implementation of its declared intent as
set forth in Section 1 of this ordinance, there is hereby adopted the
document entitled "Comprehensive Plan Amendment 95-2", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan - I
Delray Beach, Florida" is hereby amended pursuant to the document I
entitled "Comprehensive Plan Amendment 95-2".
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S. ,
!
i
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of Dece~ . 1995.
~#
MAY 2
Arh~~'i!l1LJIt 1Io~
City ~k
First Reading November 21, 1995
Second Reading December 5, 1995
- 2 - Ord. No. 69-95
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Exhibit "A" to Ordinance No. 69-95
TABLE OF CONTENTS
CITY OF DELRAY BEACH
_J!liei!~llfilll_ _in
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E.age
TRAFFIC ELEMENT
1 Inventory
2 Analysis
4 Oefinitions
5 Policy A-1.3 (In-Town Shuttle System)
5 Policy A-1.4 (Palm Tran Transit System)
5 Objective B-1 (Level of Service Established)
6 Objective 0-3 (Transportation Concurrency Exception Area)
6 Policy 0-3.1 (Transportation Surveys for TOM Activities)
6 Policy 0-3.2 (Feasibility of Establishing a TCMA)
7 Policy 0-3.3 (LOR Changes to Implement TOM Activities)
7 Policy 0-3.4 (Increase Number of Buses on Palm Tran Routes)
7 Policy 0-3.5 (Bicycle Facilities)
7 Policy 0-3.6 (Plan for an In-Town Shuttle System)
8 Policy 0-3.7 (Establishment of an In-Town Shuttle System)
8 Policy 0-3.8 (Utilization of Municipal Parking Lots)
8 Policy 0-3.9 (Deceleration Lanes at 1-95/Atlantic Avenue)
8 Policy 0-3.10 (Oowntown Sidewalk Network)
8 Policy 0-3.11 (Intermodal Linkages)
HOUSING ELEMENT
9 Policy B-3.1 (Identity and Priority for Geographic Areas)
COASTAL MANAGEMENT ELEMENT
10 Objective B-3 (Tourism)
10 Policy B-3.3 (Beach Use Restrictions)
10 Policy C-7.1 (Shoreline Use Priorities)
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Page
FUTURE LAND USE ELEMENT
12 Other Items
15 Analysis
16 Policy A-1.6 (Commercial Land Use Amendments)
16 Policy A-5.13 (CBD to Accommodate Increased Density)
16 Policy A-5.14 (CBD to Facilitate Industry and Commerce)
16 Policy C-1.6 (North Federal Highway Corridor)
17 Objective C-2 (Redevelopment Areas)
18 Policy C-2.4 (Atlantic Avenue Area)
19 Policy C-4.3 (CBD Development Plan)
20 Policy C-4.1 0 (Economic Development Strategy for West Atlantic)
21 Figure L-8 (Transportation Concurrency Exception Area)
CAPITAL IMPROVEMENT ELEMENT
23 Policy A-3.11 (Maintain Traffic Engineer Position)
23 Policy A-3.12 (Funding for Preparation of TME)
REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION
24 Five Year Capital Improvements Schedule
AMENDMENTS TO THE FUTURE LAND USE MAP
27 Spence Property
27 West Atlantic Area
SUPPORT DOCUMENTS ~
Appendix
1 Transportation Concurrency Exception Area (TCEA)
2 West Atlantic Redevelopment Plan
3 Beach Concessions
4 North Federal Highway Corridor
5 Spence Property
ii
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CITY OF DELRAY BEACH
Irt'III!;11111111IlIIJJIII~III\lII.1I1\1111.lltlltlllrrlllllItllllll
TRAFEJC ELEMENT
Location: Pg. III-C-8, Inventory
Change: DELETION
TA8L& T 1C
INTERIM LOS STANDARDS FOR GJ\.TEWAY ROADS IN THE DO'J!NTO'NN
TCMA (VILLAG& C&NTER DEVELOPMENT SCENARIO)
INTERIM LOS
CURRENTL Y
ROJ".D APPROVED DAILY P.M. PEAK
SEGMENT LOS (ADT) (ADT) HOUR (VEH) SOURCE
A-4-A (Through Cit}') 15,300 f-B 16,100 830~ FOOT (4)
^ 1 A (Through City) 13,700 ~ 15,379 -1-;4+e Palm Beach County ~
(1) FOOT Daily R~mQway Service Voll:lmes for State Arterials and Expressways (Adopted City Plan)
(2) P31m Beach County Traffic Performance Standards Ordinance
(~) Poak Direction '.
(4) FOOT Stand:mlized Highway Capacity Tables "Generalized AnAl:lal Daily volblmes for Florida's Urbanizes
Areas"
(5) P31m Beach County LOS Standard basad on 3nalysis provided thrGYgh the GAE process
,
Location: Pg. III-C-10, Inventory
Change: DELETION
· Tho City h3s defined a 'Village Center" de~/olopment soenario (seo Futuro
Land Use Elomont for a description of this geographio area) for a portion of
tho Downtown. This area is also designated as a Transportation
Concurrenoy Managemont .'\rea (TCMA). Tho TCM.'\ oonoept is used in
conjunotion with the do~..mtown "Village Center" de~/elopment soonario to
encourage gro"AJth into development patterns that support alternati~/es to
single oooup3nt 3utomobile transportation. It is :-ocognized that aohievoment
of the proposed development intonsities, densities and mixed use patterns
which 3re oonduoive to reduoing depondence on single oooupant automobile
travel requires a long term strategy based on dirocting de~/elopmont into
more intonsi'Je patterns oouplod with 3n e3rly and oontinuod commitmont to
public tr3nsit 3nd 3n aocommod3tion and m3n3goment of traffic oongostion.
The City thorefore finds that tho creation of a TCM.'\ enhances the long term
de'.(elopment and mobility g031s of the City, specifically the do~..mtown "Villago
Center" dovelopmont scen3rio, and that these goals are b3lancod, rmJlistic
and achiev3ble.
Location: Pg. III-C-14, Analysis
Change: ADDITION
3. Analysis
The City has established a Transportation Concurrency Exception Area
(TCEA) to aid in the revitalization of the downtown. One purpose of defining
this specific area is to gain access to the flexibility allowed for concurrency
management. The TCEA provides incentives to redevelopment by
eliminating transportation concurrency requirements. These incentives .
encourage land use planning within a compact area which enhances mobility
goals with a balanced development scenario. This development pattern will
result in alternatives to the use of a single occupant automobile trip for
mobility needs.
This area is described in detail in the Future Land Use Element. The TCEA
encompasses the central business district of Delray Beach. pursuant to
Section 163.3164(25) F.S.. and contains approximately 436 acres. The
general limits of the TCEA are 1-95 on the west. SR A 1A on the east. SE 2nd
Street on the south. and NE 4th Street on the north. The specific boundaries
of the TCEA are shown on Figure L-8 in the Future Land Use Element
Page 2
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Location: Pg. III-C-14, Analysis
Change: DELETION
. The downtovm 'Village Centor" devolopment soenario (seo Figure L 8 in the
Futur-e Land Use Element) is generally bounded by 'Nest 1&t Avenue, NE 4th
Streot, Feder31 High'Nay (U.S. 1) and Intracoastal Watenvay, and SE 2nd
Street. The de'.'elopment patterns planned for this area are shown in Table
L 23 of the Future Land Use Element. The land uses shown in Table L 23
represent an increase in donsities within this definod geographio area.
Creation of tho future bnd use densities ':JiII further the goals of this Plan
through the long torm implement3tion of devolopment and mobility neods in a
babnood, realistio and aohievable manner. This specifically includes that fur
developments 'Nithin the TCMJ\, 27% of all traffio will remain within the TCM/\
3re3. Also, the existing grid system of stroets in tho downtmom and
surrounding are3 alloy.'s oxternal traffic to distribute using many alternato
routos. This distribution results in traffic seoking 3nd using alternate routes
whon routes become congested. Finally, the increased land use intensities
and activities in the ''Village Center" m3Y result in opportunities relating to
Transportation Demand Managomont strategios for reducing peak hour
tfaffiG.
. One purpose of dofining this spooific 3re3 development pattern is to gain
3COOSS to the flexibility rebting to designation of this aroa as a TCMA. The
purpose of a TCM^ is to enoourage land uso planning '."Iithin a compact
geographic area '.vhich enhanoes mobility goals with a b31anoed de'lelopmont
soenario. This development pattorn is to result in alternatives to the use of 3
singlo oooupant automobilo trip for mobility needs.
..... The City and the Community Redevelopment Agonoy (CRA) are oommitted to
development of the downto'....n area, more specifically that area defined in
Figure L 8 of the Future Land Use Element, ~J.'hich further tho goals of the
City rebti'Jo to aohieving 3 b3lanoed, re3listic and achie'/able development!
mobility mix. The developmont likely to occur within the next 36 months
'.vithin this d<YJmtown "Village Center" area (idontified as interim land use
totals in Figure L 2a of the Future Land Use Element) m3Y rosult in a
tempor3ry inability to meet adoptod road concurrency standards. The City
and CR/\ identify this 3S a possibility but, feol that redevelopment goals
inoluding inore3ses in dovmtovm activities, employment, and dm*mto'.\'n
ro~'italiz3tion while directing development toward downtown and away from
the suburb3n sprawl areas, oun*.'oigh said road concurronoy stand3rds. The
ultim3te land use mix for this geographic area will result in a balanco bon'JOen
mobility 3nd development, however, near term imb31anoes may oocur. The
City is designating this downtown 3re3 as ~m interim TCM/\ to allow this
interim development to occur.
Page 3
Location: Pg. III-C-16, Definitions
Change: REVISION
5. DEFINITIONS:
This section of the Traffic Element contains definitions of traffic terms
relating to the contents of this element. It is not a Rule 9J-5, F.A.C.
requirement, but is included in the plan for the purpose of clarifying
technical traffic terminology appearing in this Element and elsewhere in
this Plan.
TRANSPORTATION CONCURRENCY EXCEPTION AREA - A specific
geographic area delineated in the local government comprehensive plan
for downtown revitalization within the designated central business district
pursuant to Section 163.3164(25) F.S. A proposed development located
in the designated exception area shall not be subject to the requirements
of Rule 9J-5.0055(3)(c)1-4.
DOWNTOWN REVIT ALlZA TION - The physical and economic renewal of
a central business district of a community as designated by local
government. and includes both downtown development and
, redevelopment.
TRANSPORTATION CONCURRENCY MANAGEMENT AREA (TCMA)-
a geographically compact :lrea designated in :J local comprehensive plan
where intensive de\Jelopment exists or is planned in a manner that '.viii
ensure :In adequate level of mobility :Jnd further the :Jchie'lement of
identified important st:Jte planning goals :Jnd policies, including
discouraging the prolifer:Jtion of urban sprawl, encour3ging the
revitalization of existing, dO'.tmtowns or design3ted redevelopment are:Jc,
protecting n3tural resources, maximizing the efficient use of existing
public facilities, and promoting public transit, bicycling, walking and other ,
alternatives to the single occupant :Jutomobile.
TRANSPORTATION DEMAND MANAGEMENT (TOM) - strategies and
techniques that can be used to increase the efficiency of the
transportation system. Transportation demand management focuses on
ways of influencing the amount of and demand for transportation by
encouraging alternatives to the single occupant automobile and by
altering local peak hour travel demand. These strategies and techniques
may, among others, include: ride sharing programs, flexible work hours,
telecommuting, shuttle services, and parking management.
Page 4
TRANSPORTJ\.TION SYSTEM MJ\N1\GEMENT (TSM) improving road€: ,
intersection€:, and other related facilities to make the exi€:ting
transportation sy€:tem oper-ate more effioiently. Transportation system€:
management techniques include demand management €:trategies,
inoident managemont str-ategies, and other actions that inore3€:o the
operating efficienoy of the existing €:ystem.
TRANSPORT".TION M08111TY ELEMENT (TME) an integrated, multi
modal comprehensive plan element addressing transportation, land u€:e,
and capital improvements planning that meets the requiroments of rule
QJ 5.0057, F.J\.C. The tran€:portation mobility elemont may identify one or
more transportation concurrency management areas.
Location: Pg. III-C-22, Policy A-1.3
Change: DELETION
Policy ^ 1.3: The Planning Department, in conjunction 'A'ith the
Environmental Service€: Department, shall develop a program for an in town
shuttle system whioh links rail €:tation€:, the oentral bu€:ine€:s distriot, the
beaoh, waterway ::lCces€: points, parking areas, community facilities and
addre€:se€: needs of the elderly. /\ plan shall be developed in FY Q1!Q2, and
funding needs €:hall be addressed in a 1 QQ3 Plan Amendment.
Location: Pg. III-C-22, Policy A-1.4
Change: REVISION
Policy A-1.4 The City, through this Policy statement, endorses the continued
operations of the Palm Tran Cotr-an Transit System and its operations in
Delray Beach. "
Location: Pg. 111-C-26, Objective B-1
Change: REVISION
Objective B-1
The Level of Service (LOS) for the Delray Beach street system is hereby
established as "C" for all conditions except for:
Page 5
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. streets under State jurisdiction which shall be allowed to function at LOS
"0" under any condition pursuant to Table T-1 b, and
. streets under County jurisdiction which shall be allowed to function at LOS
"0" under any conditions pursuant to the Palm Beach County Traffic
Performance Standards, Ordinance 90-40, and
. streets identified as City Collectors or City Arterials on the Traffic Element
Network Map (Figure T -4) shall be allowed to function at LOS "0" under
any condition pursuant to Table T-1b.
. streets within the TCEA are excepted from traffic concurrency
requirements. interim TCMA shall bo allm','ed to function at LOS '0'
pursuant to tho pro'/isions of Traffic Element Policy E 1.6.
Location: Pg. III-C-30, NEW Objective 0-3
Change: ADDITION
Objective 0-3:
A Transportation Concurrency Exception Area (TCEA) is hereby established
for the purpose of downtown revitalization. Within the TCEA, there shall be
no traffic concurrency requirements. Transportation and mobility needs
within the TCEA,shall be met through the implementation of the following
policies:
Location: Pg. III-C-30, NEW Policy 0-3.1
Change: ADDITION
.
Policy 0-3.1 In cooperation with the Florida Department of Transportation
regional Commuter Assistance Program. the City shall perform and analyze
transportation surveys to determine the issues and needs for employer based
TOM activities. including but not limited to ride sharing, van pooling. and
flexible work hours. These activities shall be completed in FY 96/97.
Location: Pg. III-C-30, NEW Policy 0-3.2
Change: ADDITION
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Policy 0-3.2 An analysis shall be made by FY 97/98. based in part upon the
above noted surveys. to determine the feasibility and potential efficiency. of
the establishment of a Transportation Management Association (TMA). Until
such time as a TMA is established. the feasibility shall be reassessed
periodically, at least every two years.
Location: Pg. III-C-30, NEW Policy 0-3.3
Change: ADDITION
Policy 0-3.3 The City shall adopt changes to the Land Development
Regulations that require major developers (more than 50 employees) locating
within the TCEA to submit a program to implement employer based TOM
activities. This activity shall be completed by FY 97/98.
Location: Pg. III-C-30, NEW Policy 0-3.4
Change: ADDITION
Policy 0-3.4 The City shall coordinate with Palm Tran and the MPO [through
the Congestion Management System (CMS)] to increase the number of
buses on the Palm Tran routes to reduce headways to 20 minutes in the
peak hours. and 45 minutes in the off-peak by 2015.
Location: Pg. III-C-30, NEW Policy 0-3.5
Change: ADDITION
Policy 0-3.5 The City and CRA shall. by FY 97/98. install additional bicycle
facilities in the TCEA to accommodate and encourage the use of bicycles as ,
transportation. These could include bike racks. bike lockers and other bicycle
parking facilities.
Location: Pg. III-C-30, NEW Policy 0-3.6
Change: ADDITION
Policy 0-3.6 The City and the CRA shall establish a plan for an in-town
shuttle system by the year 2000 to serve the downtown. Tri-Rail. and the
beach with headways of 10-12 minutes.
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Location: Pg. III-C-30, NEW Policy 0-3.7
Change: ADDITION
Policy 0-3.7 Implementation of the in-town shuttle system described in Policy
0-3.6 shall be coordinated with the MPO through the Congestion
Management System (CMS) by the year 2010.
Location: Pg. III-C-30, NEW Policy D-3.8
Change: ADDITION
Policy 0-3.8 The City and TMA. if and when established. shall improve
utilization of the existing municipal parking lots in the TCEA through improved
signage and public awareness. This task shall be accomplished by FY 98/99.
Location: Pg. III-C-30, NEW Policy 0-3.9
Change: ADDITION
Policy 0-3.9 The City shall coordinate with the MPO.through the Congestion
Management System (CMS) to add deceleration lanes at Atlantic Avenuell-
95 by the year 201 0 to relieve congestion.
Location: Pg. III-C-30, NEW Policy 0-3.10
Change: ADDITION
Policy 0-3.1 0 The City shall eliminate the missing links in the sidewalk
network throughout the TCEA and within one-quarter mile of its boundaries
by FY 02/03.
Location: Pg. III-C-30, NEW Policy 0-3.11
Change: ADDITION
Policy 0-3.11 Intermodal linkages shall be provided between different types
of transportation. These could include sidewalks from parking areas to
Atlantic Avenue. shuttle and bus stops. and a shuttle from bus stops to
shopping areas or parking.
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HOUSING ELEMENT
Location: Pg. III-E-25, Policy 8-3.1
Change: REVISION
Policy 8-3.1: The priority for the preparation of redevelopment strategies
shall be as follows:
1. the area south ofthe C8D, north of S.W. 10th and bounded by the
F.E.C. railway and Federal Highway;
2. the area west of former Germantown Road;
~ .Adlantic NJOnUe from I 95 to S'A'inton;
.3... ~ the Federal Highway/LaMatlLindell area;
4. ~ Silver Terrace and adjacent mobile home park;
5. ~ the Linton/S.W. 4th Avenue area; and
6. +-: the east portion of the original Woods of Southridge subdivision;
At least two redevelopment strategies shall be developed during each fiscal year
including FY 90/91. Changes in priority can occur without an amendment to the
Plan if there is interest in a redevelopment area by the private sector or in order
to tie such housing redevelopment to a redevelopment area plan pursuant to the
Land Use Element.
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COASTlUJMANAGEMENTELEME~T
Location: Pg. III-F-22, Objective 8-3
Change: REVISION
Objective 8-3:
Recognizing that "tourism" is a mainstay of the City's economic base and that
the "beach area" is the focal point of that tourism, the City shall enhance its
standing in the competition for that part of the tourist industry which has
disposable income to be spent while on vacation. The City shall protect the
beach as an economic resource by continuing to provide a valuable amenity
for beach users. including reasonable support facilities. without jeopardizing
the essentially passive character of the beach and its value as a natural
resource. This objective shall be achieved through activities as expressed in
the following policies.
Location: Pg. III-F-22, Policy 8-3.3
Change: REVISION
Policy 8-3.3: The high quality of the Municipal 8each shall be retained
through current use restriction programs. Efforts to provide concessions in
the beach area shall be discoumged, and requests for such on the be3ch
choll be denied. The beach concession. under contract with the City. may be
allowed to provide certain limited recreational amenities for beach visitors.
The services provided an~ limited to the rental of chairs. umbrellas. cabanas.
and boogie boards. All other concessions shall be prohibited. Cooking on
the beach shall be prohibited and litter law enforcement shall be strictly
enforced except for publicly endorsed events.
Location: Pg. III-F-27, Policy C-7.1
Change: REVISION
Policy C-7.1: The highest priority for shoreline use in the City of Delray
Beach shall be for beach purposes which shall include recreation and
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conservation. There shall be no commercial development nor water-
dependent development (except the beach) or water-related uses. except
those permitted pursuant to Policy 8-3.3. along the shoreline which abuts the
beach. Residential development shall not exceed a height greater than 48',
except as provided in Policy C-3.7, from the elevation of the crown of
Highway A-1-A and shall be constructed in accordance with the City's Coastal
Protection Ordinance. (c8) [LOR Section 4.5.5(0)]
Page 11
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FUTURE LAND USE ELEMENJ
Location: Pg. III-G-7, Other Items
Change: ADDITION
3. Other Items:
Downtown Delray Beach. including West Atlantic Avenue and the commercial
areas east of the Intracoastal Waterway. is the logical location for a
concentration of growth. both commercial and residential. All major
infrastructure systems are in place. including a grid network of streets
providing convenient access to and from major arterials and the interstate
highway system.
However. a potential impediment to achieving the goal of a vibrant downtown
is the current level of service standard for traffic concurrency. Under existing
regulations. the main roadways within the downtown and adjacent areas must
operate at a level of service standard "0". which is the same standard that
applies to arterial roadways throughout the City. The existing street network
may not be adequate to achieve that level of service, given existing
background traffic and the long range growth that is expected to occur in the
downtown area. Many existing building setbacks. as well as the pedestrian
oriented streetscape. provide little opportunity for road widening to increase
traffic capacity. Nor would such widening be consistent with the character
and ambiance of the area. Adherence to a rigid level of service standard for
traffic in the central business district would create a major obstacle to..the
City's revitalization efforts. and could jeopardize the substantial public and
private investment that has been made in the area to date.
In order for Dekay Beach to achieve its goal of a compact and vibrant
downtown, disincentives to development must be removed and replaced with ,
incentives to businesses considering downtown locations. To aid in the
revitalization of the downtown. the City has established a Transportation
Concurrency Exception Area (TCEA).
The TCEA encompasses the central business district of Dekay Beach.
pursuant to Section 163.3164(25) F.S.. and contains approximately 436
acres. The general limits of the TCEA are 1-95 on the west. SR A 1A on the
east. SE 2nd Street on the south. and NE 4th Street on the north. The
specific boundaries of the TCEA are shown on Figure L-8. Centered on
Atlantic Avenue. the main shopping street of the City. the general character
Page 12
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of the area is commercial. The TCEA includes the Central Business District
(CBD) zoning district. Central Business District - Railroad Corridor (CBD-RC)
and Old School Square Historic Arts District (OSSHAD). Also included are
the General Commercial (GC) zoning on West Atlantic Avenue and NW 5th
Avenue. residentially zoned parcels within one block north and south of
Atlantic Avenue and several Community Facilities (CF) zoned properties that
fall within the boundaries of the TCEA.
Location: Pg. III-G-7, Other Items
Change: DELETION
~Othor Items:
The following information is in addition to the requirements of QJ 5 006(1 ).
More detailed information can be found in the document "Dolray Beach
Downto'::n Core Goographic Area of Exception from the Countywide Traffic
Porformance Standards", Octobor, 1QQ1.
As a first step in pursing an objective of having a Downtown Development
Program, the City of Delray Beach has created a 'Village Center"
development scenario '::hich addresses all the land located in the CBD and
OSSH.^.D Zoning Districts, lying ':.'est of the Intracoastal VV3terv.'ay. This
scenario promotes continuod development and rede':elopment in the
downtO'.~:n area through an enhanced balance of employment, housing,
economic develop'ment and traffic.
The downtm":n "Villago Center" dovelopment scenario currently consists of
approximately 235 acres of land. The aggregated major land uses include:
Commercial 24% Railroad R 0 '.^.' ~
Single Family Residential 11% Office 15% ,
Multi Family Residential 7% 'Norehouse 4%
Vacant 6% Industrial 3%
Hotel 1% Other 3%
Road R 0 'N 20%
The dm":ntown "Village Centor" de'.'olopAlent scenario map (Figure L 8)
illustrates proposed general land uses for this area. Table L 20 sho'.vs ::1
comparison between the amount of current and proposed land usos.
Page 13
TABLE l 2a
VllU\GE CENTER DEVELOPMENT SCENARIO LAND USES, CURRENT
AND PROPOSED
USES CURRENT INTERIM PROPOSED
Commercial (sq.f:t.) 89a, 162 1,036,017 1,112,994
Office (sq.f:t.) 585,995 585,504 581,086
Industrial (sq. ft.) 89,156 93, 705 180,118
'Narehouse (sq.f:t.) 181,930 180,361 151,092
Hotel (rooms) 127 180 180
SF Residential (units) 1<15 13<1 91
MF Residential (units) 264 383 957
Vac:mt (acres) 15 0 0
Other (sq.f:t.) 117,533 161,945 161,945
The following is a brief summary of the highlights of this development scenario:
.
1 Full intill development: The 15 remaining acres of vacant land, will be fully
developed over the next 20 year period.
2 Moderate increase in total non residential de':elopment: Redevelopment
and adaptive reuse of existing non residential structures and new construction
would result in a maximum 317,<170 sq.ft. (17%) increase in building floor area. "
One such development could be the Pineapple Grove Business Park (see
item 11'4 below).
3 Residential de\'elopment: I\n increase in resident development, from 264
to 957 units, is planned based upon an increase in gross densities from a
maximum of 12 dutacre to 30 du!acre. These additional units could be
accommodated via one of three development alternatives; free standing
multi family development, apartments above stores, or mixed use nmv
development.
Page 14
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4 Employment base increase: The development scen::lrio calls for a
commitment to re establish the downtovm area as a major employment
center. This concept will bo accomplished, in part, through an increase in
industri::ll and '::arohouse development.
The proposed employment base areas are looated immediately adjacent to
the Railroad tracks. The major focus of this efk>rt '.viii be the oreation of the
"Pineapple Gro~.'e Business Park", on the eastern portion of the Pineapple
Gro'.'e area. The Park ':JiII encourage development of arts, crafts, design
professions and specialty construction services and other suoh services, with
low oost sites, availablo infrastructure, and "business park" atmosphere as
incentives.
5 Traffic le'Jels: The development scenario is projected to generate a peak of
13,597 total daily trips, and 8,581 total extern:lI d::lily trips. See the Traffic
Element in'.'entory and analysis section for additional information regarding
traffic.
Location: Pg. III-G-14, Analysis
Change: DELETION
J'.nalysis:
The following information is in addition to the requirements of 9J 5 006(2). More
detailed information 'can be found in the document "Dekay Beach Dov:nto'::n
Core Geographic !\rea of Exception from the Countywide Traffio Performance
Standards", October, 1 991.
. Opportunities exist for the further development and redovelopment of the
City's Central Business Distriot (CBD) utilizing the "Village Center"
development soenario. Realization of these opportunities will result in an .
enhanoed balance of employment, housing, economio development ::lnd
traffic needs. To faoilitate the aocomplishment of the '''Ii11ago Center"
development scenario, the CBD Zoning District should be amended to
acoommodate the increased residential density.
The Pine::lpple Grove Business Park 'lIould require either amendment of the
CBD Zoning District or the developmont of a new zoning district, and possibly the
rezoning of the affected land.
Page 15
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Location: Pg. III-G-20, Policy A-1.6
Change: REVISION
Policy A-1.6 To encourage revitalization redevelopment of the City's Central
Business District, Future Land Use Map amendments to Commercial
designations in outlying areas of the City's Planning Area shall not be
accommodated.
Location: Pg. III-G-23, Policy A-5.13
Change: REVISION
Policy A-5.13 To promote revitalization of the City's central business district.
By Juno, 1993, the City shall. by FY 95/96. amend the Central Business
District (CBD) Zoning District to accommodate increased multiple-family
densities of up to thirty (30) dwelling units per acre. as envisioned in tho
''Villago Center" scenario for the Central Business District.
Location: Pg. III-G-23, Policy A-5.14
Change: DELETION
Policy 1\ 5.14 By June, 1993, tho City shall either amend tho Contral
Business District'(CBD) Zoning District, or create a now zoning district, to
facilitate the establishment of Industrial and Commerce 3roas. as onvisioned
in the "Villago Center" scenario. Commensurate with this activity, the City
sh311, if necessary, rezone appropriate properties.
Location: Pg. III-G-27, NEW Policy C-1.6
Change: ADDITION
Policy C-1.6 (NEW)
The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the
F.E.C. railroad right-of-way to the west. the Intracoastal Waterway and the town
of Gulfstream to the east. George Bush Boulevard to the south. and the north
City limits to the north.
Page 16
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Properties in the corridor that front on Federal Highway primarily contain small-
scale. strip commercial development. Many parcels in the area contain vacant or
dilapidated structures. substandard parking. and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and "Stabilization
and Revitalization" on the Residential Neighborhood Categorization Map
contained in the Housing Element. Many of the remaining parcels in the area
are currently vacant.
Due to those conditions. the North Federal Highway corridor is hereby identified
as a blighted area. The CRA will be the lead agency for the preparation of an
Improvement Program for the North Federal Highway Corridor. The City.
through its Planning and Zoning Department will provide support and assistance
to the CRA in the preparation of the North Federal Highway Corridor
Improvement Program.
The program will. at a minimum address the following issues:
..t... Improvement of the appearance of the area
..t... Identification of appropriate uses for parcels adjacent to Dixie Highway and
the F.E.C. railroad tracks.
..t... Identification of and strategies for the elimination of inappropriate and
marginal uses
..t... Provision for increases in permitted residential densities adjacent to the
Intracoastal Wate'rway
..t... Directing smaller business operations to more concentrated areas
..t... Providing economic stimulation and investment in the area
..t... Creation of jobs I
..t... Stabilization and preservation of residential neighborhoods through new
development. redevelopment and the elimination of blight
The plan will be completed in FY 95/96.
Location: Pg. 111-G-27, Objective C-2
Change: REVISION
Page 17
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Objective C-2
The City, through its Planning Department, shall prepare at least two
redevelopment plans each year commencing in FY 91/92. Plans for the
redevelopment areas shall be prepared in the following priority and shall
comply with the policies and activities set forth in this objective: (b2)
4-: Atlantic N:enue bet\veen I 95 ::md S\,a.'inton !\..venuo
.1.. 2. Germantown Road Industrial Area
2. ~. The vicinity of Lindell and Federal Highway
.3.... 4:- Silver Terrace Subdivision
~ 5-: S.W. 4th Avenue, north of Linton Boulevard
5. 6-:- Area between S.E. 2nd and S.E. 5th Streets, and Federal Highway to
Swinton Avenue
Location: Pg. III-G-28, Policy C-2.4
Change: REVISION
Policy C-2.4 The following pertains to the Atlantic Avenue Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to
Swinton Avenue. The present land uses in this area include single family
homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W.
5th Avenue, and scattered vacant parcels.
The redevelopment program should contain, 3t I03st, the follo,....ing eloments:
. redevelopment 3nd onhancement of the I\tlantic I\.venue business
corridor/district;
. increasing housing opportunitios on \'aC3nt lots;
. est3blishment of a Minority Business Enterprise (MBE) progr3m that 'f.'ould ,
involve m3ny community residonts in working to'l.'3rd ontrepreneurship in the
redevelopment offort
. continu3tion of the East Atlantic streotscape theme 'Nestorly to I 95.
Commercial redevelopment should be 3pproached on a block by block basis 3nd
generally should be confinod to a depth of aDO feet from Atlantic N:enuo rights
of \\'3Y. Howe'/or deep the commorcial development, great care must be taken
'Nith respect its relationship and imp3ct upon existing or proposed rosidenti31
~
Page 18
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.
Residential redevelopment :md the provision of housing sh::lIl generally fallov.' the
objectives and policies of Goal Area "B" of the Housing Element.
The eastern portion of the redevelopment area shall focus upon governmental
and institutional uses thus building upon current investments in the County
Courthouse and City Hall expansion programs.
The C.R./\. shall be the lead agency in the preparation of this redevelopment
plan. The Pl3n shall be completed in FY 91/92 and shall be adopted a6 a formal
amendment to the City's Comprehensive Plan. Creation of the plan must include
maximum feasible citizen participation including, but not limited to, a series of
public hearings.
The West Atlantic Avenue Redevelopment Plan was adopted by the City
Commission July 11. 1995. The plan establishes Future Land Use Designations.
zonings. special development standards. and design guidelines for the
Redevelopment Area. Future development in the area must be in accordance
with the provisions of the redevelopment plan.
Adoption of the redevelopment plan represents Phase I of the redevelopment
strategy for the area. Phase II consists of an economic development strategy to
be developed by the CRA. based on the Redevelopment Plan. and a market
study. The economic development strategy will be completed by Fiscal Year
95/96.
Location: Pg. III-G-33, Policy C-4.3
Change: REVISION
Policy C-4.3 A special CBD development plan shall be developed jointly by
the CRA and the City. It shall be initiated subsequent to completion of the
Atlantic Avenue Redevelopment Plan (see Policy C-2.4). It shall address the
maximum development which can be accommodated in a competitive market
while still retaining the "village like, community by-the-sea" character of the
CBD. It shall further identify the infrastructure requirements, including
parking, which will be needed to accommodate such an intensity of
development. Such a plan shall be formally processed as an amendment to
the Comprehensive Plan. The plan shall be instituted under the lead of the
Community Redevelopment Agency but conducted through close
participation with the City's Planning Department.
Page 19
.
Location: Pg. III-G-34, NEW Policy C-4.10
Change: ADDITION
Policy C-4.1 0 Phase I of the redevelopment strategy for the area is the West
Atlantic Avenue Redevelopment Plan adopted by the City ~ommission July
11. 1995. Phase II is the economic development strategy to be developed by
the CRA based on the Redevelopment Plan and a market study. The
economic development strategy will be completed by Fiscal Year 95/96.
Location: Pg. III-G-34, NEW Policy C-4.11
Change: ADDITION
Policy C-4.11 The City shall monitor development in the TCEA annually to
assess the land use mix. Should monitoring show that the rate of
development or land use mix vary significantly from projections. the City shall
reanalyze the traffic impacts of the TCEA on the roadway network. The
monitoring effort shall also include a review of the implementing policies of
the TCEA and adjustments to their schedules as necessary based on the
actual rate of development.
Location: Pg. III-G-34, NEW Policy C-4.12
Change: ADDITION'
Policy C-4.12 The TCEA shall become effective upon a finding of
consistency by Palm Beach County and the Florida Department of
Community Affairs.
,
Location: Pg. III-G-34, NEW Policy C-4.13
Change: ADDITION
Policy C-4.13 In FY 95/96. the City shall amend its Land Development
Regulations to except land uses within the TCEA from traffic concurrency
requirements.
Page 20
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Location: Pg. III-G-34, NEW Policy C-4.14
Change: ADDITION
Policy C-4.14 Developments of Regional Impact (DRI). even when located
within the TCEA. shall be subject to the requirements of Chapter 380. F.S.
Location: Pg. III-G-47, Figure L-8
Change: REVISION
TRANSPORTATION CONCURRENCY EXCEPTION AREA - BOUNDARIES
Page 21
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FIGURE L-8 TRANSPORTATION CONCURRENCY EXCEPTION AREA
Page 22
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CAeJTAL IMffiOVEM.ENI ELEMENT
Location: Pg. III-H-24, Policy A-3.11
Change: DELETION
Policy 1\ 3.11 In order to insure that an adequate Concurrency Management
&y&tem will be implemented pUF&Uant to the reqblirements of goal aroa "E" of
the Tr3ffic Element, the Position of Traffic Engineer &hall be maintained.
Location: Pg. III-H-24, Policy A-3.12
Change: DELETION
Policy.^. 3.12: In FY 1 QQ2/Q3, the City shall pursue cooper3ti\'e funding
among the P31m Be3ch County Metropolitan Planning Organiz3tion, Florid3
Department of Transportation and Palm Beach County for the prep3r3tion of
3 Tr3nsport3tion Mobility Element (TME).
.
Page 23
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REQUIREMENTS FOR CAPITAL IMPROVEMENT
IMPLEMENTATION
Location: Pg. IV-12, Five Year Capital Improvements Schedule
Change: REVISION
.
Page 24
,
TABLE IV-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT> $100,000
I PROJECT & FUND I FY 1995-96 I FY 1996-97 I FY 1997-98 I FY 1998-99 I FY 1999-20 I
MUNICIPAL GOLF COURSE
IRRIGATION I;:) 0 0 100,000 100,000 0
BRIDGE REPLACEMENT 15,000 0 0 0 100,000
PROJECTS LESS THAN $100,000 157,000 125,000 75,000 80,000 90,000
TOTALS $172,000 $125,000 I $175,000 I $180,000 $190,000
DECADE OF EXCELLENCE II
FIRE STATION NO.3 299,848 0 0 0 0
FIRE STATION NO.4 195,118 0 0 0 0
N.w. DRAINAGE (PHASE II) 171,000 0 0 0 0
STREET, ALLEY, SIDEWALKS 2,710,679 0 0 0 0
BEAUTIFICATION PROJECTS 625,877 0 0 0 0
TOTALS $4,002,522 $0 I $01 $0 $0
0
72,000
$72,000 $6,135,500
CEMETARY I
CEMETARY I::XPANSION I 01 01 01 01 0
TOTALS 1 $0 I $0 I $01 $01 $0
VEHI 550,000 550,000
. TOTALS $550,000 $550,000 $550,000
1993 W&S REVENUE BOND
GOLF COU LS 409,003 0 0 0 0
A.S.R. - NORTH TANK AREA , 1,056,740 0 0 0 0
WATER MAIN - BARWICK ROAD 111,050 0 0 0 0
WATER MAIN - LAKE IDA ROAD 162,293 0 0 0 0
WATER MAIN - ANDREWS AVENUE 168,985 0 0 0 0
WATER MAIN - N.E. 3RDAVENUE 129,474 0 0 0 0
WATER MAIN - RIDGEWOOD ROAD 119,629 0 0 0 0
MORIKAMI WELLS (6), PIPING 2,638,623 0 0 0 0
N. RESERVOIR HIGH SERVICE PUMP 316,052 0 0 0 0
AQUIFER STORAGE RECOVERY 278,000 0 0 0 0
TOTALS I $5,389,849 I $0 I $0 I $0 $0
0 1,600,000 0 0
$0 $1,600,000 $0 $0
STORMWA TER UTlUTY FEE
AREA 13 SW MASTER PLAN 0 0 525,000 175,000 0
AREA 14 SW MASTER PLAN 0 0 0 750,000 250,000
AREA 16 SW MASTER PLAN 0 0 0 0 175,000
AREA 18 SW MASTER PLAN 0 0 0 0 475,000
LINDELL BLVD. (FED. HWY. TO DIXIE HWY.) 0 0 231,000 0 0
G. BUSH BLVD. (FED. HWY. TO INTRACOASTAL) 0 0 181,000 0 0
SEASIDE DRIVE PUMP STATION 200,000 100,000 0 0 0
TOTALS $200,000 I $100,000 $937,000 I $925,000 I $900,000
Page 25
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TABLE IV-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT> $100,000
I PROJECT & FUND I FY 1995-96 I FY 1996-97 I FY 1997-98 I FY 1998-99 I FY 1999-20 I
WA TER/SEWER - NEW CAPITAL OUTLA Y
IvvA, t:.K MAIN/LINt:. 7:>,000 0 200,000 200,000 200,000
SEWER MAIN/LINE EXTENSIONS 75,000 0 200,000 200,000 200,000
OTHER IMPROVEMENTS 100,000 100,000 200,000 200,000 200,000
OTHER MACHINERY & EQUIPMENT 100,000 100,000 150,000 150,000 150,000
WASTEWATER REUSE PROJECT 4,500,000 0 0 0 0
BOYNTON BEACH INTERCONNECT
& PUMPSTATlON 0 400,000 0 0 0
VAC-CON TRUCK (NEW) 0 150,000 0 0 0
BRANDON DRIVE (VI ATER & SEWER) 210,000 0 0 0 0
SILVER TERRACE (\IlfATER & SEWER) 200,000 0 0 0 0
TOTALS I $5,260,000 I $750,000 I $750,000 I $750,000 $750,000
WA R ~L &
VYJ\ I C~ IUN
IMPROVEMENT PROGRAM 200,000 200,000 200,000 200,000 200,000
OTHER REPAIR/MAl NT. 200,000 200,000 200,000 200,000 200,000
R&R- TRANSMISION SYSTEM 300,000 300,000 345,000 345,000 345,000
R&R- COLLECTION SYSTEM 300,000 300,000 345,000 345,000 345,000
INTRACOASTAL CROSSING REPLACEMENTS 200,000 200,000 50,000 0 0
L.S. 50 RETROFIT 0 0 150,000 375,000 125,000
HIGHLAND BEACH - SEWER MAIN 300.000 370,000 80,000 0 0
TOTALS I $1,500,000 $1,570,000 $1,370,000 I $1.465,000 $1,215,000
c.;ulV;:J,RUCTlON FuND
I~ I ~cc I I /ION 100,000 225,000 2:>O,OOU 300,000 350,000
GENERAL TRAFFIC/ALLEY WAY IMPROVMENTS 50,000 50,000 50,000 50,000 50,000
SOFlWARE MAINTENANCE 0 30,000 30,000 30,000 30,000
EAST LAKE IDA BEAUTIFICATION 0 130,000 0 0 0
BUILDING RENEWAL & REPLACEMENT 75,000 75,000 100,000 100,000 100,000
HURRICANE SHUTTERS 0 170,000 150,000 0 0
SILVER TERRACE PAVING/DRAINAGE 100,000 0 0 0 0
CITY SEAWALL CONSTRUCTION PROGRAM 100,000 0 0 0 0
R&R -OTHER REPAIRlMAINT. 25,000 25,000 50,000 50.000 50,000
R7R - COMPUTER EQUIPMENT 50,000 50,000 75,000 75,000 75,000
PUBLIC WORKS FUEL TANK REPLACEMENT 0 150,000 0 0 0
R&R- SWALES & SIDEWALKS 0 50,000 50,000 50,000 50,000
R&R- PARKS/PLAYGROUNDS 0 0 100,000 100,000 100,000
R&R- SEAWALL PROGRAM 0 0 0 50,000 50,000
HOMEWOOD BOULEVARD 100,000 0 0 0 0
AS/400 DISK UPGRADE 38,500 0 100,000 100,000 100,000
POMPEY PARK POOL 200,000 0 0 0 0
TOTALS I $838,500 I $955,000 I $955,000 $905,000 $955,000
Page 26
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AMENDMENTS TO THE FUTURE LAND USE MAP
1. An amendment on 14.5 acres from County land use designations HR-8 (High
Density Residential, 8 units per acre) and CH-8 (Commercial High intensity
with a residential equivalent of 8 units per acre), to City land use designations
Transitional (2 acres) and Medium Density Residential ( 12.5 acres), in
connection with an annexation.
2. An Amendment on approximately 90 acres of land from redevelopment area
#1, to General Commercial ( 37 acres), Low Density Residential ( 23 acres),
Medium Density Residential ( 19 acres), Community Facilities ( 8 acres), and
Open Space ( 3 acres). The changes are being made in connection with the
completion and adoption of the West Atlantic Redevelopment Plan.
S:\adv\comp\952final
Page 27
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {tv I
SUBJECT: AGENDA ITEM i J o. 13' - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 68-95
(ANNEXATION AND INITIAL ZONING FOR SPENCE PROPERTY)
DATE: NOVEMBER 29, 1995
This is second reading and public hearing for Ordinance No. 68-95
which annexes a 14.47 acre parcel of land known as the Spence
property and establishes initial zoning of RM (Medium Density
Residential) District for a 12.47 acre portion of the land and NC
(Neighborhood Commercial) District for the remaining two acres.
The property is located on the west side of Military Trail,
approximately 1,400 feet north of Atlantic Avenue, immediately
north of and adjacent to the L-33 Canal. The NC zoning designation
is to be applied to a two acre area at the southeast corner of the
site.
A Future Land Use Map amendment for the Spence property is being
processed concurrently as part of Comprehensive Plan Amendment 95-2
and represents a change from County HR-8 (High Density Residential
- 8 dwelling units/acre) and CH-8 (Commercial High Intensity with a
residential equivalent of 8 units per acre) to City Medium Density
Residential 5-12 dwelling units/acre and Transitional.
The Planning and Zoning Board considered this item at public
hearing on August 28, 1995, and voted 6 to 0 to recommend that it
be approved. At first reading on November 21, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 68-95 on second and final
reading.
~ 5-0
ref:agmemo22
.
.
~'-' ,- - '--"",,'. ' '._ 00 ^ '0" _.._~" ~ _" 0._-
ORDINANCE NO. 68-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE
SPENCE PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY
TRAIL, NORTH OF AND ADJACENT TO THE L-33 CANAL, AND
APPROXIMATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING OF A 12.47 ACRE
PORTION OF THE LAND TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT, AND A 2.0 ACRE PORTION OF THE
LAND TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
i
WHEREAS, Regina W. Spence, Trustee, is the fee-simple owner
of a parcel of land as more particularly described herein; and
WHEREAS, Edward O'Cleary, Esquire, as duly authorized agent i
for the fee-simple owner hereinabove named, has requested by petition I
to have the subject property annexed into the municipal limits of the
City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designations; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes. ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
-----
PARCEL IIAII:
That part of the Southeast One-Quarter (SE 1/4) of
the Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4) and the East Half (E 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
1/4), Section 14, Township 46 South, Range 42 East,
Palm Beach County, Florida, lying west of the west
right-of-way line of Military Trail, LESS the
Southerly 299.99 feet of the Easterly 290.40 feet
thereof.
Containing 12.47 acres, more or less.
,
I
PARCEL IIBII:
The Southerly 299.99 feet of the Easterly 290.40 feet
of that part of the Southeast One-Quarter (SE 1/4) of
the Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4) lying west of the west
right-of-way line of Military Trail and the East Half
(E 1/2) of the Southwest One-Quarter (SW 1/4) of the
Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4), Section 14, Township 46 South,
Range 42 East, Palm Beach County, Florida.
Containing 2.0 acres, more or less.
The subj ect property is located on the west side of
Military Trail, north of and adjacent to the L-33
Canal, approximately 1,400 feet north of Atlantic
Avenue; containing 14.47 acres, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be wi thin the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described as Parcel IIAII is hereby dec lared to be in Zoning District
RM (Medium Density Residential) as defined by existing ordinances of
the City of Delray Beach.
- 2 - Ord. No. 68-95
, '
.. ,.. a _,.. -- -- -
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described as Parcel is hereby declared to be in Zoning District NC ;
liB" !
(Neighborhood Commercial) as defined by existing ordinances of the
;
City of Delray Beach. I
i
Section 5. That the land hereinabove described shall i
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected, :
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 6. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed. I
Section 8. 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 9. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon the effective date of
Ordinance No. 69-95, under which official land use designations of
Medium Density Residential 5-12 units/acre and Transitional are
affixed to the subject property hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of Decemb~~
ArnST: if. !It MAY t(J;,
1fvmlfi[l{; IPjf7 a~
ity CIe
First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 68-95
, ,
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CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM: Y A. COSTEllO
R PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
ANNEXATION WITH INITIAL ZONING OF RM (MEDIUM
DENSITY RESIDENTIAL) AND NC (NEIGHBORHOOD
COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE
WEST SIDE OF MILITARY TRAIL. APPROXIMA TEL Y 1.400
FEET NORTH OF WEST ATLANTIC AVENUE (SPENCE
PROPERTY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance annexing a 14.47 acre parcel of land, with initial
zoning of RM (Medium Density Residential) and NC (Neighborhood
Commercial).
The subject property is located on the west side of Military Trail,
approximately 1,400 feet north of West Atlantic Avenue.
BACKGROUND:
The property under consideration is an unplatted 14.47 acre parcel of land which
is currently vacant and was utilized as a farm prior to 1980. The property is
currently under Palm Beach County jurisdiction and is located within the City's
planning and service area.
With the adoption of the City's Comprehensive Plan in 1989, the City's "advisory"
land use designation of the property was changed from SF (Single Family
Residential) to Medium Density Residential 5-12 du/ac. On June 2, 1995, an
application was submitted to annex the property into the City with the RM
(Medium Density Residential) zoning designation. In addition to the annexation
.
City Commission Documentation
Meeting of November 21, 1995
Annexation with Initial Zoning of RM and NC for the Spence Property
Page 2
and initial zoning request, a Future Land Use Map amendment for the property is
being processed concurrently as part of the City's annual Comprehensive Plan
Amendment 95-2 which represents a change from County HR-8 ( High Density
Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a residential
equivalent of 8 units per acre) to City MDR (Medium Density Residential 5-12
du/ac) and Transitional. At its meeting of September 2, 1995, the City
Commission approved transmittal of Comprehensive Plan Amendment 95-2 to
DCA. City Commission action on Plan Amendment 95-2 will also occur at its
November 21st meeting, and is discussed in a separate staff report.
The property is currently zoned County CC (Community Commercial). The
proposed City zoning is RM (Medium Density Residential), in part, and NC
(Neighborhood Commercial), in part. The NC zoning designation is to be applied
to a 2 acre area at the southeast corner of the site with the balance to be zoned
RM (12.47 acres). 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 August 28, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the annexation request with initial zoning of
RM, in part and NC. There was no public testimony in opposition to the request.
The Board voted 6-0 to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance annexing the Spence property
with initial zoning of RM and NC, and setting a public hearing date of December
5, 1995.
Attachments:
0 P & Z Staff Report and Documentation of August 21,1995
0 Ordinance by Others
S:CCSPENCE.DOC
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE: August 21, 1995
AGENDA ITEM: V.S
ITEM: Annexation and initial zoning of RM (Medium Density Residential) and NC (Neighborhood Commercial) for
a 14.47 acre parcel (Spence property). located on the west side of Military Trail, approximately 1,400 feet
north of Atlantic Avenue.
GENERAL DATA:
Owner....................... ....... ............ Regina W. Spence, Trustee
Agent... ..................... ................... Edward O'Cleary, Esq.
Location........... ........ .................... West side of Military Trail, approximately
1,400 feet north of Atlantic Avenue.
Property Size............................... 14.47 acres ....I
Existing County Land Use Map
Designation.. ...... ........ ............. .... CHl8 (Commercial High Intensity with a <
residential equivalent of 8 units/aa-e) and ex:
HR-8 (High Density Residential - 8 ula) I-
Proposed City Land Use Map
Designation................... .............. Medium Density Residential 5-12 ula and
Transitional (CPA 95-2)
Existing County Zoning............... CC (Community Commercial)
Proposed City Zoning.................. RM (Medium Density Residential) and NC
(Neighborhood Commercial)
Adjacent Zoning.....;...........North: County RS/SElPUD(Single Family
Residential with special exception to allow a
PUD)
East City GC(General Commercial)
South: County CG/SE (General Commercial with a
special exception)
West: County RS/SElPUD
Existing Land Use........................ Vacant land
Proposed Land Use..................... Maximum development potential of a 149
multiple family units and 26,136 sq.ft. of
commercial development.
Water Service.............................. Available via connection to an existing 14-
water main along the east side of Military
Trail.
Sewer Service.......................... .... Available via connection to the existing lift
station to the southeast, across Military
Trail, at the northwest comer of the Delray
Square shopping center.
VB
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The item before the Board is that of making a recommendation on
a voluntary annexation (pursuant to Florida Statute 171.044) and
initial zoning of RM (Medium Density Residential), in part, and NC
(Neighborhood Commercial).
LDR Sections 2.4.5 (C) and (D) provide rules and procedures for
the processing of this petition.
The subject property is located on the west side of Military Trail,
approximately 1,400 feet north of Atlantic Avenue.
The property under consideration is an unplatted parcel comprised of 14.47
acres. The property is currently under Palm Beach County jurisdiction and is
located within the City's planning and service area.
With the adoption of the City's Comprehensive Plan in 1989, the City's "advisory"
land use designation of the property was changed from SF (Single Family
Residential) to Medium Density Residential 5-12 du/ac. On June 2, 1995, an
application was submitted to annex the property into the City with the RM
(Medium Density Residential) zoning designation. In addition to the annexation
and initial zoning request, a Future Land Use Map amendment for the property is
being processed concurrently as part of the City's annual Comprehensive Plan
Amendment 95-2 which represents a change from County HR-8 ( High Density
Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a residential
equivalent of 8 units per acre) to City MDR (Medium Density Residential 5-12
du/ac) and Transitional.
,., "'~i~jI1.Jll1tl~f~im~~4Thlill~li[I_!.!I~a'.jrtll.fli.w.l~~I~$iitfZ_..tlJ
The subject property is a 14.47 acre parcel of land which is currently vacant.
The property is currently zoned County CC (Community Commercial). The
proposed City zoning is RM (Medium Density Residential), in part, and NC
(Neighborhood Commercial), in part. The NC zoning designation is to be
applied to 2 acre area at the southeast corner of the site with the balance to be
zoned RM (12.47 acres).
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Florida Statutes Governing Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and
,
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 2
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
0 The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. Thus, this annexation will reduce
this existing County enclave area.
land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) ''the owner
of land may seek the annexation of contiguous property, under his ownership"
pursuant to Florida Statutes. This is a voluntary petition by the property owner.
" ~~\1~~i1i~f.~~~tltllfjlrJl.tllli.tYJlI.It.~f4ftJ1~iI1.l~I._]
CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP
DESIGNA TIONS:
In conjunction with this annexation petition, a Future Land Use Map
amendment for this property is being processed. The proposed City
Future land Use Map designations for the property are Medium Density
Residential 5-12 dulac (MDR), in part, and Transitional. The existing
County land Use designations for the property are HR-8 (High Density
Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a
residential equivalent of 8 units per acre). As outlined. in the FLUM
amendment staff report, the proposed City MDR land use designation is
consistent with the existing County HR-8 land use designation, and the
proposed Transitional designation is consistent with the County CH/8
(Commercial High Intensity - 8 units per acre
ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES:
The Land Use Map designation to the north and west is Palm Beach
County HR-8 (High Residential - 8 du/ac) [with an advisory City
designation of MDR (Medium Density Residential 5-12 du/ac)]; South is
Palm Beach County C/8 (Commercial High Intensity with a residential
equivalent of 8 du/ac) [with an advisory City designation of General
Commercial; to the east is City General Commercial.
The existing Land Uses ,are: to the north and west is a 1,084 unit multiple
family development with a density of 6.4 units per acre (High Point of
Delray West); south is the Marketplace of Delray shopping center; and
east is commercial development (The Boy's Farmers Market, Shoppes of
,
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 3
Delray shopping center, Trails End Plaza, and Kentucky Fried Chicken
restaurant).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is locat~d within
"designated annexation area No.5" west of Military Trail, north and south of
Atlantic Avenue (less Country Club Acres and High Point of Delray West).
Annexation of the territory is consistent with Policy B-3.4 of the Future Land Use
Element, which calls for annexation of eligible properties.
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is assigned to a particular
zone during a shift (three shifts per day). Additional response can be mustered
from "Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as the
police currently pass the property while patrolling areas of the City to the north
and south of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No.4
(Barwick & lake Ida Roads).
With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Fire Station No. 42,
Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the
~ Fire Department (Fire Station NO.4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to an existing 14"
water main along the east side of Military Trail. This will require the developer to
jack-and-bore underneath Military Trail. Future development of the property will
require water main extensions (minimum 8") and the installation of fire hydrants
with a maximum spacing of 500 feet along the new main. Looping of the main for
system integrity will be required. This may either require connection to the 8"
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 4
main at the Marketplace of Delray shopping center or an additional connection to
the 14" main along Military Trail.
Sewer: Sewer service is available via connection to the existing 8" gravity line
approximately south of the property which discharges into a lift station (l.S. 87),
located on the east side of Military Trail, at the northwest corner of th~ Delray
Square shopping center. Future development of the property will require sewer
main extensions and may require the upgrading of the existing lift station to
accommodate the additional flow.
Streets: This property has direct access to Military Trail. Military Trail is under
the jurisdiction of Palm Beach County. The jurisdictional responsibility and the
associated maintenance responsibility will not change upon annexation.
A traffic study has been submitted based upon a development scenario with a
maximum potential of 149 residential units and 26,136 sq.ft. of commercial
development generating a total of 4,098 average daily trips. The traffic study
notes that this segment of Military Trail, between Atlantic Avenue and Lake Ida
Road, is six lanes and has sufficient capacity to accommodate the additional
trips as it is operating at level of service "B".
It is noted that Military Trail, between Atlantic Avenue and Clint Moore Road is
operating at level of service "E". Recent traffic studies submitted for adjacent
developments indicate that with an additional analysis of peak hour directions
(traffic alternative test 1 analysis) the referenced segment of Military Trail will
pass level of service "0", with the installation of a dual left turn lane at Clint
Moore and Military Trail. This improvement is scheduled for October of 1995.
However, this roadway segment will again fail level of service "0" by the end of
1995. Consequently, after December 1995, no additional development can
occur until Military Trail is widened from 4 to 6 lanes which is scheduled for fiscal
year 1996/97. With the submittal of a specific development proposal, a full traffic
study will be required and potential roadway improvements will be further
reviewed.
Parks and Open Space: Nonresidential zone districts such as the proposed NC
district do not create a need or impact on parks and recreation facilities.
However, the proposed RM (12.47 acres) zoning district will allow a maximum
development potential of 149 units. The additional units will not have a
significant impact with respect to level of service standards for parks and
recreation facilities. The impacts of these potential residents were factored into
the park demands calculated on build-out projections. Further, the City currently
provides approximately 8 acres per 1,000 residents of recreation space which far
exceeds the desired standard of 3 acres per 1,000 residents established in the
Comprehensive Plan. With future residential development, a parks and
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 5
recreation impact fee of $500 per unit will be assessed at the time of building
permit.
Solid Waste: As there is no change in actual land use, there is no impact on
solid waste disposal. The service provider will be Waste Management, Inc., as
described later in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1994 tax year the Jones property had an assessed value of
$1,320,299.00. With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City Of Delray Beach 6.8800 Added (City)
City of Delray Beach Debt 1.0700 Added (City)
4.9524 Difference*
* Total tax millage in the County is 20.1501 mills while in the City the total
millage rate is 25.1020 mills.
The current yearly ad valorem taxes are $26,604.16. With annexation the yearly
ad valorem taxes will be $33,142.15 a tax difference of $6,537.99. In addition to
property taxes, the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - With future development, storm water
assessment will be based upon a percentage of impervious area of the buildings
and parking areas. A 25% discount from the assessment is available as the site
is within the Lake Worth Drainage District and an additional 25% discount may
be available if drainage is retained on-site.
Solid Waste Authority - As the property is currently vacant, it is not receiving
solid waste service. With future development of the property, the service
provider will be the current City provider, Waste Management, Inc.
Occupational License Fees - Upon development of the proposed NC zoned
portion of the property to accommodate limited commercial and office uses,
occupational licenses will be required. This license will be in addition to the
current County license fee required for retail and offices of approximately $60 per
year. The City occupational license fee is $125 per business.
.
:
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 6
Resulting Impacts to Property Owner:
SUMMARY OF IMPACTS ON THE SPENCE PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES +$ 6,537.98
[Change from 94/95 County of 20.1501
to City 94/95 rate 25.1020 mills.(4.9524)]
NON AD VALOREM
Stormwater Assessment $.00
Solid Waste Collection $.00
WA TER & SEWER UTILITY FEES $.00
OCCUPA TIONALlICENSE FEES $.00
ANNUAL FINANCIAL IMPACT: +$ 6,537.98
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
5.5 minutes (County) to 2.5 minutes (City)
EMS + Faster response time from (estimated time)
5.5 minutes (County) to 2.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active vs reactive opportunity to work
with property owners
Fiscal Impacts to the City:
At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills,
the property will generate approximately $10,496.38 in ad valorem taxes per
year. With future commercial and residential development, additional revenues
will be realized through increased assessed value, building permit and licensing
.
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 7
fees, collection of the stormwater assessment fee as well as utility taxes (9.5%
electric, 7% telephone) and franchise fees on electric, telephone, and cable.
In addition to utility and franchise fees, the City receives per capita
reimbursements based upon municipal population. The major sources of per
capita revenue are sales tax, cigarette tax and state revenue sharipg. The
current per capita rate is approximately $78.66 per person. With future
development of residential property additional revenues will be realized.
The proposed City zoning designations are RM (Medium Density Residential - 12
du/ac) and NC (Neighborhood Commercial). The current County zoning
designation is CC (Community Commercial).
The surrounding zoning designations are: County RS/SElPUD (Single Family
Residential with a special exception to allow a planned unit development) to the
north and west; to the south, across the L-33 Canal, is County CG/SE (General
Commercial with a special exception to allow a large scale community shopping
center); and, to the east, across Military Trail, is City GC (General Commercial).
REQUIRED FIN D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the' development
application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed' in the
zoning district and the zoning district must be consistent with the land use
designation.
The proposed RM zoning designation is consistent with the proposed Medium
Density Residential 5-12 du/ac land use designation, and the NC zoning is
consistent with the proposed Transitional land use designation. The proposed
multiple"family development is allowed as a permitted use within the RM zoning
district, and the proposed limited commercial development is a permitted use in
the NC zoning district. Based upon the above, positive findings can be made
with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
0
:
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 8
The proposal involves the annexation of vacant land. There will be no changes
in the manner that water, sewer, drainage, streets/traffic and solid waste services
will be provided. Fire, EMS and Police will shift to a different provider; however,
all of these services will be equal to or enhanced (see annexation analysis for
details).
COMPLIANCE WITH LAND DEVELOPMENT REGULA TIONS:
With review of the annexation request, a site visit was conducted and did not
reveal any code violations. Any future development will be required to comply
with all Land Development Regulations.
CONSISTENCY:
Compliance with the performance standards set forth in Section 3.3.2
(Standards for Rezoning Actions), along with the required findings in
Section 2.4.5 (Rezoning Findings), shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found
in ,the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objectives and policies were
found.
Conservation Element Policy 8-2.1: The submission of a biological survey
and a habitat analysis shall accompany FLUM amendment and rezoning
requests...
Conservation Element 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 the were environmentally sensitive areas
as identified in Objective 8-1.
A Biological Assessment of the site was conducted by Dames & Moore on
August 8, 1995. The study did not reveal any federal or state listed
protected species of flora or fauna, and concluded that no protected
species inhabit the property. The study did reveal a large presence of
Brazilian Pepper and Australian Pine trees. These trees have been
identified as exotic species which must be eradicated from this site with
development of the property.
.
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 9
Housing Element Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be developed in a
manner which is consistent with adjacent development regardless of
zoning designations. These policies shall be implemented through the
review process associated with platting and site plan and shall be effective
immediately.
This policy will be further reviewed at the time of site and development
plan review. Development of the property should be reasonably
consistent with the character of the adjacent residential development.
Land Use Element Objective A-1: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
As stated under Housing Element Policy C-2.4, the property should be
developed in a manner that will be complementary to the adjacent
residential development. The development of this property will fulfill the
need for medium density residential development.
Section 3.3.2 (Standards for Rezoning Actions): Standard B 'is not
applicable with respect to this rezoning request. The applicable
performance standards of Section 3.3.2 are as follows:
A) That a rezoning to other than CF within stable residential areas shall
be denied.
The property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the west are noted as
stable residential. The rezoning is required in conjunction' with the
annexation request. The proposed RM zoning designation will be
consistent with the proposed MDR land use map designation and the NC
zoning will be consistent with the Transitional land use designation.
C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
tUne of rezoning has improvements on it. Where existing strip
commercial areas or zoning exists along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The proposed NC zoning is consistent with the existing County CC
(Community Commercial) zoning designation, which are both strip
commercial in character. However, the annexation request is not
rezoning a property to strip commercial but rather applying a City
,
:
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 10
commercial zoning designation to existing strip commercial zoning. The
proposed NC property is 290 feet in depth which can easily accommodate
a well-planned commercial development. While the NC district does allow
commercial development which is "strip" commercial in character it does
not allow typical high traffic generating strip commercial uses such as fast-
food restaurants and gasoline stations.
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 properly mitigate adverse impacts from
the new use.
The initial RM zoning designation will accommodate the proposed multiple
family development as a permitted use, and the proposed NC zoning
designation will accommodate the proposed commercial development as
a permitted use. With respect to compatibility of the proposed commercial
development with the proposed multiple family development, within the
landscape strips abutting the residential property, trees must be planted
every 25 feet along with either a 6 foot high wall or a 4 1/2 foot high
hedge, at the time of planting. Also, many of the business which are
allowed in a neighborhood commercial development usually do not extend
into the evening hours, therefore, there should not be any issues
regarding noise. The RM zoning will abut the existing residential
development to the north and west (High Point of Delray West). The
proposed multiple family development should be compatible with the
adjacent residential development. Site specific compatibility of the future
development with the surrounding developments will be addressed at the
time of site development plan review. Compatibility is not a major concern
as there are sufficient regulations in place to mitigate any potential
adverse impacts.
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(5), in addition to the provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills
one of the reasons for which the rezoning change is being sought. These
reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
,
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 11
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states
the following:
"There has been a change in circumstances. The applicant is applying for
annexation of this property into the City. The annexation requires that the
applicant apply for an appropriate zoning designation."
Comment: The justification statement addresses Item "b" as the basis for
which the rezoning should be granted, however, Item "c" is also
applicable. The property is in the unincorporated area of Palm Beach
County, however, it is within the City of Delray Beach reserve annexation
area. The requested zoning designations are of similar intensity as that
allowed under the proposed City and existing County land use
designations. The requested RM zoning designation on 12.47 acres of
the property is more appropriate for the property than the current County
zoning designation of CC (Community Commercial) as the RM portion will
directly abut an existing residential development. The NC zone district is
appropriate as it is consistent with the existing County land use and
zoning designations for that portion of the property.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Lake Worth Drainage District
Lake Worth Drainage District reviewed the annexation request and indicated that
with any future development, additional right-of-way for the L-33 Canal (along
south property line) will be required.
Palm Beach County Notice:
On July 5, 1995 the Palm Beach County Planning Division was notified of the
FLUM amendment as well as the City's intent to annex this property. To date, a
response has not been received.
.
:
P & Z Board Staff Report .
Spence Property - Voluntary Annexation and Initial Zoning
Page 12
IPARe Notice:
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. To date, a response has not been received.
Courtesy Notices:
Courtesy notices were sent to the following homeowners and civic associations:
o Burt Aaronson, County o High Point of Delray West III
Commissioner o High Point Section Six
o Country Club Acres o Highland Trailer Park
o Country Manor . o PROD (Progressive Residents
o Hamlet Residential Association of Delray)
o Greensward Village o Rainberry Woods Association
o High Point Master Association o Rockland Park
o High Point of De/ray West o Sherwood Forest
o High Point of Delray West I o United Property Owners
o High Point of Delray West II
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot
radius of the subject property. Letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
_~it&,!l,I;~It'~B~.It.M;ii1lltil4fl~lmt~llStl..ritlrllf.lltt{ltt1~~~~~~:
Accommodating the annexation of this property and affixing initial City zoning
designations of RM and NC is consistent with the City's program for annexation
of territory within its Planning and Service Area. The annexation is also
consistent with the State's policy under ELMS III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality and service
provider.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in taxes.
The City will receive additional revenue from property taxes, which will result in a
net increase to the City of approximately $10,495.38 a year. With future
development of the property, additional revenues will be received from property
taxes, stormwater assessment fees, per capita revenues, utility taxes, franchise
fees, and occupational license fees.
,
.P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 13
The application of the RM zoning designation to 12.47 acres of the property is
appropriate adjacent to the existing multiple family development. Applying the
NC zoning designation to the southeast 2 acres is appropriate as it is consistent
with the existing County zoning and is situated along Military Trail, adjacent to
commercial development. If the annexation is approved, it is anticipated that a
site and development plan submittal will follow. Compatibility of the proposed
development with respect to design will be further addressed at that time.
"X:~_I_'\t:::.~::':~'. '.'
A. Continue with direction.
B. Recommend approval of the annexatio~ with initial zoning designations of
RM (Medium Density Residential) and NC (Neighborhood Commercial).
C. Recommend denial of the annexation with initial zoning designations of
RM and NC with the basis stated.
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Recommend approval of this annexation with initial zoning designations of RM
(Medium Density Residential) and NC (Neighborhood Commercial) based upon
positive findings with respect to LOR Section 3.1.1, Section 3.3.2, policies of the
Comprehensive Plan, and the following:
A. That the property is contiguous, reasonably compact and does not create
an enclave; and,
B. That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
0 Location Map
0 Survey
Staff Report prepared by: Jeff Costello. Senior Planner
S:/PLANNINGIDOCUMENTS/REPORTS/SPENCECPA.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt?t- 1
SUBJECT: AGENDA ITEM it /0 C. - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 76-95
(HARDRIVES ANNEXATION)
DATE: NOVEMBER 29, 1995
This is second reading and public hearing for Ordinance No. 76-95
which annexes a 27.76 acre parcel of land known as the Hardrives
property. The property is located on the east and west sides of
Congress Avenue, approximately 1,000 feet south of Linton
Boulevard.
Accompanying the annexation request is an annexation agreement
which is on your agenda as an ancillary item to this ordinance.
Related actions include a Small Scale Future Land Use Map
amendment to Transitional with initial zoning of Planned Office
Center for a 6.72 acre portion of the property (west side of
Congress Avenue), and a Small Scale FLUM amendment to Industrial
with initial zoning of Industrial for a 7.93 acre portion located
on the east side of Congress Avenue. The balance of the property
(8.89 acres on the west side and 4.43 acres on the east side of
Congress) will retain the current County land use and zoning
designations until Comprehensive Plan Amendment 96-1 is
processed.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that
it be approved. At first reading on November 21, 1995, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 76-95 on second and final
reading.
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ORDINANCE NO. 76-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 27.76 ACRE PARCEL OF LAND KNOWN AS THE i
HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET
SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES
OF CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George T. Elmore, as Trustee, is the fee-simple
owner of a parcel of land as more particularly described herein; and
WHEREAS, Jeff Lis, as the duly authorized agent for the
fee-simple owner hereinabove named, has requested by petition to have
the subject property annexed into the municipal limits of the City of
Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
Section 1. That the City Commission of the City of Delray ,
Beach, Palm Beach County, Florida, hereby to said City the !
annexes
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit: I
I.
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
,
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right-of-way as shown on said plat)j thence South 00
degrees 26'2311 East along said right-of-way line of I
I
Congress Avenue (the west right-of-way line of :
I
Congress Avenue is assumed to bear South 00 degrees i
26'2311 East and all other bearings stated herein are I
I
I
relative thereto) a distance of 1033.56 feetj thence i
South 89 degrees 03'4311 West along the North line and I
,
the Easterly extension thereof, of the Plat of Sabal i
I
Pine Phase 2, as recorded in Plat Book 39, Page 189, I
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'1611 West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11' 5111 East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'1511 West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'2711 East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'5111 East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'1711 East, along the
West right-of-way line of said Seaboard Airline
Railroad, a distance of 476.28 feet; thence South 89
degrees 13'1611 West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North 00 degrees
27'1711 West, along the East right-of-way line of said
- 2 - Ord. No. 76-95
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.. --....'1
I
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Congress Avenue, a distance of 476.28 feet to the i
,
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'17" West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth i
Drainage District; thence, continuing North 00 I
degrees 27'17" West, along the East right-of-way line I
of said Congres s Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the i
East right-of-way line of said Congress Avenue, I
continuing along the southerly boundary of said Lake I
!
Worth Drainage District, a distance of 155.73 feet; i
,
thence North 50 degrees 24'56" East, continuing along i
,
the southerly boundary of said Lake Worth Drainage I
!
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East, continuing along the southerly i
boundary of said Lake Worth Drainage District, a !
distance of 78.62 feet; thence North 01 degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West !
right-of-way line of said Seaboard Airline Railroad; i
thence South 00 degrees 27'17" East, along the West f
right-of-way line of said Seaboard Airline Railroad, i
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
The subject property is located approximately 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres, I
more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be wi thin the corporate ,
limits of the City of Delray Beach, Florida. !
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
- 3 - Ord. No. 76-95
,
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j
Section 4. That this annexation of the subject property, i
including adjacent roads, alleys, or the like, if any, shall not be I
deemed acceptance by the City of any maintenance responsibility for .
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions. I
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. 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 5th day of December , 1995.
~~
. MA y~
ATTEST: i
~~~~~~*
City C rk
i
First Reading November 21, 1995
Second Reading December 5, 1995
I
I
- 4 - Ord. No. 76-95
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- ANNEXATION AGREEMENT ATTACHMENT
f'LAHNING DEPARlll/EHT
OTY OF DEl.RAY BEA01, n.
-- DlClTAL BASC IIAP SYSTeM --
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CITY COMMISSION DOCUMENTATION
TO: D~R~ CITY MANAGER
~ ,^M~~
THRU: 01 NE DOMING Z, DIR CT
DE~':;'EN~~ ING ND ZONING
FROM: PAUL DORLlNG, RI CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
ANNEXATION OF A 27.76 ACRE PARCEL LOCATED
APPROXIMA TEL Y 1,000 FEET SOUTH OF LINTON
BOULEVARD ON THE EAST AND WEST SIDES OF
CONGRESS AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance annexing 27.76 acres known as the Hardrives enclave. The
subject property is located approximately 1,000 feet south of Linton Boulevard
on the east and west sides of Congress Avenue.
BACKGROUND:
The Hardrives site was developed in the county prior to 1976 and consists of
three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the
west side of Congress Avenue and contains an office with electric and support
room for three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44
acres and 11.79 acres) are located on the east side of Congress Avenue and
contain the industrial operation of Hardrives which includes heavy equipment
storage, repair, and other operations necessary for road construction.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 27.76 acre Hardrives site was given
advisory designations of Transitional (15.53 acres) and Industrial (12.23 acres).
The 15.53 acres of Transitional was intended to accommodate future office
development while the 12.23 acres of Industrial was to accommodate the
existing industrial operation.
,
ANALYSIS:
The request is for voluntary annexation of 27.76 acres which represents the total
Hardrives enclave. Accompanying the annexation request is an annexation
agreement along with two Small Scale Future Land Use Map amendments and
the application of initial City zoning designations. These include a 6.72 parcel
(west side of Congress Avenue) which will receive a Transitional Land Use Map
designation and Planned Office Center zoning designation and a 7.93 acre
parcel (east side of Congress Avenue) which will receive an Industrial Land Use
Map and zoning designation. The balance of the 27.76 acre site ( 8.89 [west
side] & 4.43 [east side]) will retain the current county land use and zoning
designations pursuant to Florida Statute 171.062. With the processing of
Comprehensive Plan Amendment 96-1 City Land Use Map designations of
Transitional and Industrial, and zoning designations of Planned Office Center
and Industrial will be processed, For additional background and analysis see
attached Planning and Zoning staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at its November 20, 1995
regular meeting. As the Board's recommendation is not available with the
writing of this report the recommendation will be presented at the City
Commission meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance annexing the property based
upon positive findings with respect to policies of the Comprehensive Plan and
upon the following findings:
. That the property is contiguous, reasonably compact and does not create an
enclave;
. That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
P &Z Staff Report
,
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.F.
ITEM: Annexation of a 27.76 acre parcel (Hardrives), located on the east
and west sides of Congress Avenue, south of Germantown Road.
GENERAL DATA:
Owner.............................................. George T. Elmore, Trustee
Applicant! Agent............................... Jeff Lis
Location........................................... On the east and west sides of
Congress Avenue, south of
Germantown Road.
Property Size................................... 27.76 Acres
Existing Future land Use Map........ Industrial- Palm Beach County
Proposed Future Land Use Map..... Transitional and Industrial
Current County Zoning.................... CHO (Commercial High Office).
(Agricultural Residential), and Il
(Light Industrial)
Proposed City Zoning...................... pac (Planned Office Center) and
I (Industrial)
Adjacent Zoning..................... North: pac and I
East: CD (Conservation)
South: pac, RM (Medium Density
Residential), and PCC (Planned
Commerce Center)
West: RM and pac
Existing land Use........................... Existing Hardrives Paving -
1IIl'O'
Company including a concrete
manufacturing facility. an office 1
structure, communication towers,
parking, and landscaping.
Proposed land Use......................... Annexation of the property to
accommodate a future office
development and the existing
industrial use.
Water Service....................... .... ....... Existing 10" water main in
Congress Avenue.
Existing 10" water main serving
the Centre Defray (Office Depot)
site to the north of the subject
property .
Sewer Service................................. Existing 8" sanitary sewer main in
Congress Avenue connecting to
lift station 35.
Existing 8" sanitary sewer main
serving the, Centre Delray (Office lOOClE
Depot) site to the north of the MKCItON
IUlC.
subject property connecting to lift N
station 35A.
V.F.
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.
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The action before the Board is that of making a recommendation on a voluntary
annexation of property known as Hardrives.
The subject property is located approximately 1,000 feet south of Linton
Boulevard on the east and west sides 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 annexation and
zoning of property within the City's Planning Area.
The Hardrives site was developed in the county prior to 1976 and consists of
three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the
west side of Congress Avenue and contains an office with electric and support
room for three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44
acres and 11.79 acres) are located on the east side of Congress Avenue and
contain the industrial operation of Hardrives which includes heavy equipment
storage, repair, and other operations necessary for road construction.
In 1986 the Florida State Legislature provided a mechanism for annexation
(House Bill 1061 -Delray Beach Enclave Act) of the many enclaves existing
within the Delray Beach Planning Area. However, this area along with two other
areas (North Federal Highway and the Kingsland subdivision) were specifically
exempted from the act, and property remained under the county's jurisdiction.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 27.76 acre Hardrives site was given
advisory designations of Transitional (15.53 acres) and Industrial (12.23 acres).
The 15.53 acres of Transitional was intended to accommodate future office
development while the 12.23 acres of Industrial was to accommodate the
existing industrial operation.
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The request is for voluntary annexation of 27.76 acres which represents the total
Hardrives enclave. Accompanying the annexation request and included in
separate reports are two small scale amendments and the application of initial
City zoning designations. These include a 6.72 parcel (west side of Congress
Avenue) which will receive a Transitional Land Use designation and Planned
P&Z staff report
Annexation - Hardrives
Page 2
Office Center zoning designation and a 7.93 acre parcel (east side of Congress
Avenue) which will receive an Industrial land Use and zoning designation. The
balance of the 27.76 acre site ( 8.89 [west side] & 4.43 [east side)) will retain the
current county land use and zoning designations pursuant to Florida Statute
171.062. With the processing of Comprehensive Plan Amendment 96-1 City
land Use designations of Transitional and Industrial, and zoning designations of
Planned Office Center and Industrial will be processed.
The above land use actions are to accommodate the existing Hardrives Industrial
uses, relocation of one of the three existing radio towers and separate office
development.
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.044" the owner or owners of real property in an
unincorporated area of the County which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
. The owner of the subject property has petitioned for a voluntary annexation.
. The property is contiguous with the City, reasonably compact, and its
annexation will eliminate an enclave rather then create one. The parcel is
contiguous via the Office Depot office complex to the north and west, 1-95
and Wateriord DRI to the east and the Delray Oaks preserve area to the
south.
Consistency with the City's Comprehensive Plan:
The City's current advisory Future land Use Map designations for the property
are a combination of Transitional and Industrial. At this time only two portions of
the property are being assigned a City Future land Use Map designation via
the small scale amendment process. The remaining property will be assigned
City land Use designations with the processing of Plan Amendment 96-1.
Pursuant to Florida Statute 171.062 (2) if the area annexed was subject to a
County land Use designation and county zoning these regulations will remain in
.
P&Z staff report
Annexation - Hardrives
Page 3
full force and effect until the municipality adopts a Comprehensive Plan
Amendment that includes the annexed area. Therefore, the balance of the
property which is not subject to the small scale land use amendment process will
continue to have a County Land Use Map designation of Industrial and county
zoning of Light Industrial, Commercial High Office, and Agricultural Residential.
The City's FLUM designations will become effective upon annexation of the
property involved in the Small Scale Land Use Map Amendment process and
upon completion of the City's Plan Amendment 96-1 for the balance.
Designated Annexation Area: This requested annexation is consistent with
Policy B-3.4, of the City's Future Land Use Element which calls for annexation of
eligible properties. The property is shown within the "designated annexation
area" # 9 .
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
Police: This property is currently serviced by the Palm Beach County Sheriffs
Office, located at 345 South Congress, which serves the South County Area.
The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road
on the west, Delray Beach City limits on the east, Atlantic Avenue to the north,
and Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift (three shifts per day). Additional response can be mustered from
"Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as
police currently pass the property while patrolling areas of the City to the north,
south, and west of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. With annexation the property will receive an improvement
in response time from the current 9 1/2 minutes for the County Fire Department
(Fire Station #42/ Hagen Ranch Road near the Turnpike) to approximately 2 1/2
minutes for the City's Fire Department ( Fire Station #3 Linton Boulevard east of
1-95).
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P&Z staff report
Annexation - Hardrives
Page 4
Water: Water is available to the site from an 8" main located on the east side of
Congress Avenue and 10" mains which serve the office buildings immediately
north of this site. Looping of the mains (Le. connection to both sources) may be
required to provide adequate pressure. In addition along the new mains, fire
hydrants must be installed with a maximum spacing of 300'.
Sewer: Sewer service is available from an 8" main which serves the office
buildings to the north. Extension of the mains southward to this site will be
required.
Streets: The property has the potential for access from both Congress Avenue
and Germantown Road through cross access over existing offices to the north.
Congress Avenue is under the jurisdiction of Palm Beach County and
Germantown Road is under the jurisdiction of the City of Delray Beach. The
jurisdictions and maintenance responsibilities of the roadways will not change
with annexation.
Parks and Open Space:
As the Planning Area was considered in the development of the Comprehensive
Plan, the act of annexation and applying initial zoning designations consistent
with the advisory land use designations will have no effect on parks and open
space levels of service. It is noted that the land use designations being sought
both through the small scale amendment process and the balance with 96-1 are
the existing advisory designations.
Solid Waste:
As there is no actual change in land use there will be no change in the existing
solid waste generation at this time. However, proposed development is
consistent with the advisory land use designations which were considered when
levels of service were established on a county wide basis. The service provider
for the existing and proposed development will remain the same (South County
Sanitation).
Financial Impacts:
Impact Upon Annexed Property:
For the 1995 tax year the subject property has an assessed value of $4,232,673.
With the change from County to City jurisdiction, the following taxes and rates
are affected:
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P&Z staff report
Annexation - Hardrives
Page 5
Ad Valorem Taxes Millage With annexation
Fire/Rescue MSTU 2.5293 Deleted (County)
Library .4838 Deleted (County)
City of Delray Beach 6.8700 Added (City)
City of Delray Beach 1.0300 Added (City)
-- --
4.8869 difference
* Total tax millage in the County is 19.8142 mills while in the City the total
millage rate is 24.7011 mills
The 1995 yearly ad valorem taxes are $ 83,867.03. With annexation the yearly
ad valorem taxes will be $104,551.68; a tax difference of $20,684.65. In
addition to property taxes the following non ad valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. A 25%
discount is avaliable for a portion of the site (east side) as it contains a privetely
maintained storm water system. The estimated annual Stormwater Assessment
fee for the overall site (27.76 acres) is $9,739.05 a year. With future
development of the site with office building and associated parking the
assessment will increase accordingly.
Solid Waste Authority: - This site is currently serviced by South County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 30, 1998. The City's contract is currently through Waste
Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a
contract which is in effect for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term, whichever is
shorter. As the annexation was not initiated within the six month period, the
waste provider for the commercial operation will not change with annexation.
When this current contact expires, the waste provider for this property will be the
current City provider. The out-of-City/in-City rates are anticipated to be
competitive.
Occupational Licenses: With annexation the existing commercial operation will
be required to obtain City Occupational Licenses in addition to the required
County Licenses. It is anticipated that the existing industrial use (contractor)
and the associated offices will generate $250.00 in annual City license fees.
t
P&Z staff report
Annexation - Hardrives
Page 6
Resulting impact to property owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 95 County $20,684.65
19.8142 to City 95 rate
24.7011 mills. (4.8869)
NON AD VALOREM
Stormwater Assessment $ 9,739.05
Solid Waste Collection $ .00
OCCUPA TIONAL LICENSE FEES $ 250.00
TOTAL $ 30,673.70
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from 9.5 minutes
(estimated time) (County) to 2.5 minutes (City).
EMS + Faster response time from 9.5 minutes
(estimated time) (County) to 2.5 minutes (City).
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active versus reactive opportunity to
work with property owners.
,
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P&z staff report
Annexation - Hardrives
Page 7
Fiscal Impacts to the City:
At the 1995 City operating millage rate of 6.87 mills and debt rate of 1.03 mills,
the property will generate approximately $33,438.12 in new ad valorem taxes
per year. The City will also collect annual licences fees of $250.00 and
Stormwater Assessment fees of $9,739.05 for a yearly fiscal total of $43,427.17.
With future office development, additional revenue will be realized through
increased assessment value, building permit and license fees, the annual
collection of the stormwater assessment fees as well as utility taxes (9.5%
electric, 7% telephone) and franchise fees (5.536% electric, 1 % telephone and
3% cable).
The property is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Notification of Adjacent Local Governments:
Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of
Delray Beach Comprehensive Plan notification must be provided to an adjacent
unit of government of any development proposal which involves a private land
use petition requiring Local Planning Agency review and located within one-
quarter mile of the boundary of that unit of government. Notice of this application
has been sent to City of Boca Raton and Palm Beach County Planning Division.
No objections have been received from either government agency.
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:
. Helen Coopersmith (PROD)
. Bob Stump (Crosswinds)
. Lewis Gold (Crosswinds single family)
. Lenny Gonsalves (Eastwinds of Crosswinds)
. Dorothy Alport (Southwinds of Crosswinds)
. Sheldon Wesiner (Pines of Delray)
. George Conley ( Pines of Delray East)
. Minto Builders (Springs Landing)
. Jack Frieder (Pines of Delray West)
. Sabal Pine Condominium Inc.
. Sabal Pine East Association
,
.
P&Z staff report
Annexation - Hardrives
Page 8
1< Sabal Pine South Association
1< AAG Management (Andover)
1< Erminio Giuliano (Foxe Chase)
1< Lillian Feldman
1< Alan Partis (Tropic Palms)
'll\~~l~l:l::::::::::~:::'~::::~~:~,l~"",',::,\::':;'.:i,:....:::i,':.:i,~:'.:::l,:i,:,::i,.::::IIIEIIIIII:.II,1':IIIIIIIIIII~,:::::::::::~i::l:lj:::::::::~::::::::::.:~:::;':;:::l:'::::,::::::::::;l':::~::::'::':::::::':::1
The annexation of this property is consistent with the Comprehensive Plan
policies which call for annexation of eligible properties (Future Land Use
Element, Policy 8-3.4).
The proposed initial zoning designations and land use designations which will
simultaneously be applied to a portion of the property are consistent with the
advisory land use designations. The annexation will not create an enclave, but
will in fact eliminate an existing enclave which will aid in more efficient delivery of
services.
I 'ALTERNA TIVE ACTIONS: ' ~
A. Continue with direction.
8. Recommend approval of the annexation request upon positive
findings with respect to policies of the Comprehensive Plan and
Florida Statute 171.044.
C. Recommend denial of the annexation based on a failure to make
positive findings.
Recommend approval of the Annexation request based upon positive findings
with respect to policies of the Comprehensive Plan and upon the following
findings:
. That the property is contiguous, reasonably compact and does not create an
enclave; and,
. That services will be provided to the property in a manner similar to other
similar properties within the City.
.
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. -,!',-
{~' ~- \
[Iry DF DElRRY BERC[:
CITY ATTORNEY'S OFFICL
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
f lOR I D '"
.........
AI~America City MEMORANDUM /:2/5/95
, 1111,'
~i<J/~
1 g'13 DATE: November 30, 1995 017/'9' 9
TO: City Commission 5-0
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Annexation Agreement Hardrives
This memorandum seeks to outline various parts of the Annexation Agreement. The
highlights of the Annexation Agreement are as follows:
(1) Allows the current uses listed in Paragraph 5 of the Agreement to continue as an
established project;
(2) Allows the business to continue during the same hours of operation as it did in
the County (i.e. regularly 6:00 a.m. until 1:00 a.m. and from time to time on a
twenty-four hour a day basis in order to comply with contracts for nighttime
paving);
(3) Provides that Phase II approvals are to occur in the fIrst quarter of 1996 after
appropriate public hearings (Phase I approvals are occurring now);
(4) Provides that any repair, maintenance, enlargement and expansion of the uses set
forth in Paragraph 5 must meet the City's Code of Ordinances, unless they are
more restrictive than those that would have been imposed by the County, in that
event the restrictions shall be no greater than those that would have been imposed
by the County.
(5) Provides that Owner may add additional customers to the communications towers
facility without further City approval provided that the towers are adequately
screened from view. If the large tiffany style drums are to be added, the City
will review it as a minor site plan application;
E; /0. (1. (I)
.
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,
City Commission
David Harden, City Manager
November 30, 1995
Page 2
(6) Sets forth landscaping requirements in Paragraph 6;
(7) Provides for the provision of water and sewer service and subjects the Owner's
property to rates contained in the City's Code of Ordinances. The Owner is not
required to connect to City's facilities, unless the City provides the gravity
connection at the City's cost and expense.
(8) Provides that all new development not provided for in the Agreement shall
comply with all City Codes;
(9) Provides that as long as the property is used in accordance with the land uses and
business operations provided in Paragraph 5, then the Agreement shall be binding
on the Owner's successors and assigns.
Please call if you have any questions.
s~
cc: Diane Dominguez, Director of Planning and Zoning
annex3. sar
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11/28/95
11/29/95
11/30/95
ANNEXATION AGREEMENT
TIllS AGREEMENT is made and entered into this _ day of , 1995 by and
between GEORGE T, ELMORE, as Trustee, with an address at 1320 North Ocean Boulevard,
Gulfstream, Florida 33483, hereinafter referred to as "Owner" and CITY OF DELRAY BEACH, a
Florida municipal corporation located in Palm Beach County, Florida, with an address at 100
Northwest First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Owner owns certain real property currently located in the unincorporated area
of Palm Beach County, Florida on both the east and west sides of Congress A venue south of Linton
Boulevard more particularly described in Exhibit "A", attached hereto and made a part hereof, and
hereinafter referred to separately as the "East Parcel" and the "West Parcel" and collectively as the
"Property"; and
WHEREAS, it is the desire of City to annex the Property and facilitate its continuing use,
operation and development pursuant to the terms and conditions of this Agreement; and
WHEREAS, Owner desires to annex the Property to City and to continue with the use and
operation of the existing and/or approved land uses on the Property by Palm Beach County in
accordance with the terms of this Agreement; and
WHEREAS, City has determined that the annexation of the Property will eliminate an
unincorporated enclave area, will annex a property that is compact and contiguous to City, and will
annex a property that will enhance the ad valorem tax base of City after its incorporation; and
1
,
.
WHEREAS, Owner is a major employer in the construction industry in Palm Beach County,
Florida and requires the continuation of all land uses and operations existing and/or approved on the
Property by Palm Beach County to continue uninterrupted during and after City's annexation of the
Property; and
WHEREAS, City specifically recognizes and acknowledges that Owner would not consent
to or file an application for voluntary annexation of the Property into City's incorporated area without
the express provisions contained in this Annexation Agreement relating to the continuation of all land
uses and operations existing and/or approved by Palm Beach County for the Property; and
WHEREAS, based upon the terms and provisions of this Annexation Agreement including
the above recitals, all of which City acknowledges is a material inducement to Owner consenting to
annexation of the Property, Owner has consented to and filed a voluntary annexation petition
requesting the Property to be annexed into City pursuant to the provisions of Chapter 171.044,
Florida Statutes, Article 1. 1, Article 2.4. 5( C) and Article 4.2 of the Land Development Regulations
of the City ofDelray Beach, Florida.
NOW THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth below, the parties agree as follows:
1. Incomoration of Recitals. The above recitals are hereby incorporated by reference as if set
forth fully herein. The reference to land uses and operations existing and/or approved by Palm Beach
County on the Property as provided in Paragraph 5 include all other governmental agency approvals
such as the State of Florida Department of Transportation, etc. that are existing as of the date of this
agreement.
2
,
.
2. ProDertv Subiect to A2reement. The Property subject to this Agreement contains 27.76
acres:t: and is further identified in this Agreement as the West Parcel (15.53 acres:t:) and the East
Parcel (12.23 acres:l:) as described in Exhibit "A", attached hereto and incorporated herein.
3. Annexation. Owner has filed a voluntary annexation petition of the Property into City
subject to the terms and conditions of this Agreement. Owner's voluntary annexation petition was
filed pursuant to Chapter 171.044, Florida Statutes, Article 1.1, Article 2.4.5(C) and Article 4.2
of the Land Development Regulations of the City of Del ray Beach, Florida (LOR).
4. ComDrehensive Plan. Future Land Use MaD Amendment ("FLUM"). Rezonin2.
Conditional Use. Established Proiect Determination. Similar Use Determination. Concurrency
Determination. Performance Standards Consistency Determination. Land DeveloDment
Re2ulation ComDliance Determination. Vested Ri2hts Determination. and Level of Service
Standards ComDliance Determination.
A. Governmental Approvals Concurrent with Annexation Petition. City and Owner have
agreed upon a governmental approval process for the Property to be conducted by City concurrent
with City's consideration of Owner's voluntary annexation petition as set forth in this Agreement as
follows:
i) Phase I - 1995 Comprehensive Plan Small Scale Future Land Use Map
Amendments (FLUM Amendments)
The Property consists of 27.76 acres:l: consisting of 15.53 acres:t:
located on the west side of Congress Avenue (West Parcel) and 12.23 acres
:I: located on the east side of Congress Avenue (East Parcel), The East Parcel
is further divided for governmental approval reference purposes into two (2)
3
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.
parts consisting of the northerly 7.93 acres:t: (North Parcel) and the remaining
4.30 acres:t: (South Parcel) (see Exhibit "A").
In December 1995, City shall consider a FLUM amendment for 6.72
acres :t: of the West Parcel changing the Palm Beach County FLUM
designation of Industrial to City's FLUM designation of Transitional and the
further rezoning of this portion of the West Parcel from Palm Beach County's
CS-Specialized Commercial District in part and AR-Agricultural Residential
District in part to City's POC - Planned Office Center District (see Exhibit
"A").
City shall also consider a second FLUM amendment for 7.93 acres:t:
of the East Parcel (North Parcel) changing the Palm Beach County FLUM
designation of Industrial to City's FLUM designation of Industrial and
rezoning the 7.93 acres:t: of the East Parcel (North Parcel) from Palm Beach
County's ll..-Light Industrial District to City's I-Industrial District (see Exhibit
"A").
City shall further consider a conditional use application for a new four
hundred and fifty (450) foot communication tower on the North Parcel
concurrent with the FLUM amendment and rezoning process provided above.
ii) Phase IT - Comprehensive Plan FLUM Amendment 96-1.
In the first quarter of 1996, City shall consider Phase II of the
governmental approval process approved by Owner and City in this
Agreement which shall include the change of the remaining 8.81acres:l: of the
West Parcel from Palm Beach County's FLUM designation of Industrial to
4
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City's FLUM designation of Transitional with the concurrent rezoning of this
8.81 acres ~ from Palm Beach County's CS-Specialized Commercial District
to City's POC-Planned Office Center District (see Exhibit "A").
City shall further consider as part of this Phase II governmental
approval process the remaining 4.30 acres ~ of the East Parcel (South Parcel)
which shall have its Palm Beach County FLUM designation of Industrial
changed to City's FLUM designation of Industrial and Palm Beach County's
zoning district designation ofIL-Light Industrial District changed to City's 1-
Industrial District.
In addition, the Phase II governmental approval process to be
considered by City shall include City's consideration of the rezoning of a 4.20
acre ~ parcel (Alfieri North Parcel), the exact acreage and legal description of
which shall be submitted to City by Owner as part of the subject rezoning
application, from the present City zoning designation of PCC-Planned
Commerce Center District to LI-Light Industrial District to permit Owner's
corporate headquarters, helistop and employee parking area.
iii) Findings and Determinations
As part of City's Phase I and Phase II FLUM amendment, rezoning
and conditional use approval process provided above, City shall make
appropriate findings and determinations, after public hearing review as
required by law, that all of the governmental approvals for the existing and/or
approved uses by Palm Beach County for the Property set forth in Paragraph
5 requested by Owner as provided in this agreement are consistent with and
5
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.
.
in compliance with: City's adopted Comprehensive Plan as amended; City's
Future Land Use Map as amended; the goals, objectives and policies set forth
in the Comprehensive Plan; the required findings for land use and land
development applications provided in Article 3.1 of City's Land Development
Regulations (LDR) relating to the Comprehensive Plan Future Land Use Map;
the penonnance standards provided in Article 3.3 of City's LDR; the required
mandatory Level Of Service standards provided in Article 3.2 of City's LDR;
and all Concurrency requirements of City.
5. Use ofProDertv. Owner presently uses the Property as the general headquarters and plant
facility for a general contractor's business which includes the following existing and/or approved uses
by Palm Beach County for the Property:
i) General administrative offices;
ii) Heavy equipment repair shop;
iii) Equipment painting and preparation rooms;
iv) Equipment cleaning and washdown areas;
v) Fuel tank farm;
vi) Pre-cast concrete manufacturing of but not limited to walls, car stops, posts,
etc.
vii) Storage and servicing of thermal plastic sign manufacturing and traffic
markings;
viii) Outside storage of ornamental aggregates and road building materials;
ix) Railroad siding and unloading facilities, including car shaker;
x) Outside parking of trucks, cars and heavy construction equipment;
xi) Asphalt manufacturing plant with required storage tanks, fuel oil storage
tanks, baghouse, drum mixer, silo storage and virgin aggregate materials and
reclaimed asphalt materials storage;
xii) Auto and truck fuel servicing station;
xiii) Equipment in stages of disassembly to be kept behind fenced area from
outside view;
xiv) Helistop;
xv) Welding and machine shop;
xvi) Concrete batch plant consisting ofa cement storage silo, aggregate conveyor,
feed bins with necessary concrete reclaiming facility;
xvii) Heavy-duty truck scales;
6
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xviii ) Three (3) communications towers (West Parcel) to be replaced by one (1)
450 foot communications tower (East Parcel).
The general administrative offices associated with Owner's construction business has
hours of operation typical to the industry except that work hours in the equipment repair facility are
conducted from 6:00 o'clock a.m. until 1 :00 o'clock a.m. on a regular recurring basis and the asphalt
plant operates from time to time on a twenty-four hour a day basis in order to comply with road
construction contracts requiring night time paving. Approval of and City's execution of this
agreement permits the continuation of the hours of operation as set forth above.
City has determined that Owner's existing and/or approved business activities and land
uses by Palm Beach County on the Property as set forth in Paragraph 5 of this agreement to be an
Established Project resulting from previous development approvals by Palm Beach County for the
Property and all of Owner's existing and/or approved land uses and business activities not specifically
permitted by City's LDR pursuant to City's above-referenced governmental approval program has
been the subject ofa "determination of similarity of use" pursuant to Article 1.4.1(C) of City's LDR
which has been approved by City's Planning and Zoning Board in accordance with this provision and
by this Agreement.
For the Phase I governmental approvals provided in Paragraph 4 of this Agreement,
City has found and determined, after appropriate public hearings required by law and will, after
appropriate public hearing review for the Phase n governmental approvals provided in Paragraph 4
of this Agreement, make appropriate findings that Owner's land uses and business activities existing
and/or approved for the Property by Palm Beach County are consistent with City's Comprehensive
Plan, Future Land Use Map, Land Development Regulations, including but not limited to
concurrency, performance standards, level of service standards, LDR standards, and the like. City,
after appropriate public hearings required by law, shall make appropriate findings that Owner's land
7
,
uses and business activities and City's designated land use classifications, zoning district
classifications, conditional use approval( s) and similar use determinations are the most appropriate
and compatible land use and zoning approval designations for the Property.
City agrees to permit the continuation of the existing and/or approved land uses and
business activities by Palm Beach County on the Property in accordance with the governmental
approvals provided by City and in accordance with this Agreement. City represents and warrants
that City's Comprehensive Plan and Land Development Regulations and actions taken by City
pursuant thereto shall permit Owner to continue the land uses and business activities which presently
exist or are presently approved by Palm Beach County for the Property. City agrees that Owner has
vested rights to continue to use and operate the Property as the Property is currently being used
and/or approved for use by Palm Beach County as of the effective date of this Agreement.
City further finds and confirms that it is accepting the Property into the City in an "as
is" condition for all existing and/or approved land uses and business operations as provided in
Paragraph 5 of this Agreement and that Owner shall not be required to reconstruct, redevelop or
bring existing building improvements and/or business operations presently located on and/or approved
for the Property into compliance with City's Code of Laws and Ordinances. Owner reserves the
absolute right in Owner's sole discretion to add additional communication customers to the four
hundred fifty foot (450') communications tower approved by City as a conditional use on the North
Parcel (East Parcel) provided that such tower improvements are similar in character to the existing
three (3) communications towers located on the West Parcel which are being dismantled and replaced
by the four hundred fifty foot (450') communications tower on the North Parcel (East Parcel), and
provided further that all ground mounted equipment, dishes, and other required fixtures and
equipment required for such communications tower service are adequately screened from view from
8
I'
adjacent developed properties contiguous to the Property. In the event that Owner proposes to add
large tiffany-style drums and/or communication dishes to the vertical portion of the communications
tower, such proposal shall be reviewed by City as a minor site plan modification as provided in City's
LDR.
City further acknowledges that it has inspected the Property, has reviewed Owner's
use, operation and development plans for the Property and has determined that the existing and/or
approved land uses and business activities approved by Palm Beach County on the Property that may
not be in compliance and in conformity with all current City laws and codes applicable thereto in
effect upon the effective date of this Agreement shall be allowed to continue as an established Project
resulting from previous development approvals on the Property by Palm Beach County. City further
agrees that any repair, maintenance, enlargement and expansion to the uses provided in Paragraph
5 of this Agreement shall be accomplished in accordance with City's Code of Ordinances, provided ~
11h
however, in the event City's requirements are more restrictive than those of Palm Beach County in ~
~ ~ W1.f ~{::.~wetJel ~-//tl~
effect on the ctfee~ date of Bf".Rixati9R ef the Pr9pi~~hen t e County's restrictio5t, shall apply
to the Property for all such repair, maintenance, enlargement and expansion activities relating to the
uses provided in Paragraph 5 of this Agreement. City further acknowledges that the East Parcel does
not and will not require a subdivision plat or any subdivision regulation improvements as provided
in Article 5.3 of City's LDR as a requirement of annexation.
6. LandscaDine: Plan.
A. East Parcel. Owner has provided an existing landscaping planting area along the 1,256
foot ::I: Congress A venue frontage of the East Parcel which consists of a twelve foot landscape
planting area with trees, shrubs, ground cover and other landscape materials which shall continue.
In addition, for the Congress Avenue frontage area bounded on the south by the northerly driveway
9
,
to the East Parcel north to the north property line of the East Parcel, Owner has agreed to supplement
the existing twelve-foot landscape planting area with the installation of a three-foot hedge planted
twenty-four inches on center and twelve-foot trees planted thirty feet on center with all tree
installations consistent with existing tree species and types presently found on the East Parcel. This
landscape planting area shall continue east along the East Parcel's northern property line for a distance
of one hundred fifty-five feet. Owner shall provide an irrigation system for all landscape planting
areas associated with the East Parcel. Because of the general contractor and heavy equipment land
use of the East Parcel, no internal landscaping shall be required within or on the East Parcel other
than provided above. Specifically, no landscape buffer or planting area shall be required along the
East Parcel's eastern property line contiguous to the Seaboard Airline Railroad tracks or along the
East Parcel's southern property line which shall be merged with an adjacent contiguous parcel (Alfieri
North Parcel) as provided in Section 4(A)(ii) above.
B. West Parcel. All new development on the West Parcel shall comply with all City
landscape regulations. All existing and/or approved business activities and uses on the West Parcel
by Palm Beach County, if continued, do not have to comply with City's landscape regulations.
C. Alfieri North Parcel. The Alfieri North Parcel which is not subject to this Annexation
Agreement and is already located within the incorporated area of City shall comply with all City
landscaping regulations.
7. Water and Wastewater Service. City agrees to reserve and provide adequate water and
wastewater capacity for the exclusive use and benefit of the Property sufficient for all land uses
existing and/or approved by Palm Beach County for the Property as provided in Paragraph 5 of this
Agreement. Such capacity reservation shall relate to Owner's business activities conducted on the
Property as provided in this Agreement in accordance with Owner's need for such water and
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wastewater utility service from City with the quality, quantity and pressure of potable water to be
provided to the Property and the ability of City and/or the South Central Regional Water Treatment
Facility Board to collect, pump, treat and dispose of the quantity and composition of wastewater
resulting from the Property to be in accordance with all regulatory standards as prescribed by City,
Palm Beach County, the State of Florida and the United States Government and all agencies having
jurisdiction over the delivery of potable water to consumers and the treatment of wastewater and fire
flow standards pursuant to the requirements ofCily's fire department and the National Fire Protection
Association Codes without on-site repump facilities being provided by Owner. City's provision of
water/sewer service shall be subject to Chapters 52 and 53 of City's Code of Ordinances as may be
amended from time to time. Initially, all fees and charges for water and wastewater service by City
to the Property shall be in accordance with the utility rate and fee structure in effect on the effective
date of this Agreement. Thereafter, the Property will be subject to utility rates then in effect as may
be modified from time to time. Owner reserves the right to not connect the land uses and business
activities provided in Paragraph 5 to City's wastewater utility service unless connection can be made
by an industry standard and code required gravity connection provided by City at City's cost and
expense to Owner's south property line of the North Parcel (East Parcel). Owner reserves the right
in Owner's sole discretion to continue to use the existing on-site water wells for contractor operations
and land uses existing and/or approved by Palm Beach County on the East Parcel.
8. Future DeveloDment of the PrODertv. Subject to the provisions of this agreement, Owner
agrees that any future development or improvement of the Property not provided in Paragraph 5 of
this agreement shall comply with City's development procedures and regulations and shall adhere to
all City codes including, but not limited to, City's sign code.
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9. Enforcement of Aueement. The parties further agree that Owner or City, either in law or
equity, by suit, action, mandamus or other proceeding, may enforce or compel the performance of
this Agreement. In the event that either party must enforce this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees and costs incurred therein including appeals.
10. Status of Ae:reement. The parties acknowledge and agree that this Agreement is not a
Development Agreement as contemplated by Chapter 163.3220 or Chapter 163.3243, Florida
Statutes, and that the provisions of those Statutes are not applicable to this Agreement.
11. Ae:reement to Run With Prooertv. It is the express intent of the parties hereto that this
Agreement shall run with the land (property) and shall inure to the parties hereto, their successors
and assigns as long as the Property is used in accordance with the land uses and business operations
provided in Paragraph 5 of this agreement.
12. Entire Ae:reement. This Agreement constitutes the entire agreement between the parties
hereto and supersedes all prior understandings, if any. There are no other oral or written promises,
conditions, representations, understandings or terms of any kind as conditions of inducement to the
execution of this Agreement and none have been relied upon by either party. Any subsequent
conditions, representations, warranties or points of agreement shall not be valid and binding upon the
parties unless they are in writing and executed by both parties in the same manner as this Agreement.
13. Severability. In the event that any term or provision of this Agreement shall be held invalid,
such invalid term or provision shall not affect the validity of any other term or provision hereof and
all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by law
as if such invalid term or provision had never been a part of this Agreement.
14. Notice. Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing and shall be hand-delivered or telecopied or sent by Federal
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Express or a comparable overnight mail service or mailed by U.S. registered or certified mail, return
receipt requested, postage prepaid to City and Owner at their respective addresses set forth below:
AS TO CITY: City Manager
City of Delray Beach, Florida
100 Northwest First Avenue
Delray Beach, Florida 33444
AS TO OWNER: George T. Elmore, as Trustee
1320 North Ocean Boulevard
Gulfstream, Florida 33483
If the date of receipt or acceptance of notice properly given under this paragraph is not
otherwise ascertainable, notice by United States first class mail. return receipt requested and postage
prepaid, shall be deemed received upon the Postal Service's first attempt to deliver same. The
addressees and addresses for the purpose of this paragraph may be changed by giving written notice.
Unless and until such written notice is received, the last addressee and address stated above shall be
deemed to continue in effect for all purposes.
15. Amendment. No modification or amendment of this Agreement shall be of any legal force
or effect unless in writing executed by both City and Owner.
16. Governine: Law. This Agreement shall be interpreted in accordance with the laws of the
State of Florida, both substantive and remedial, regardless of the domicile of any party and will be
deemed for such purposes to have been made, executed and performed in the State of Florida,
provided however Owner and City do not waive any defenses, rights, remedies, privileges or other
matters available to them under federal law or otherwise.
17. Comoutation of Time. Any reference herein to time periods ofless than six (6) days shall
exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided
for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 4:00 o'clock
p.m. Eastern time in effect on the next full business day.
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18. Counterparts. This Agreement may be executed in any number of counterparts, anyone or
all of which shall constitute the agreement of the parties and each of which shall be deemed an
original.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and
year written above.
CITY OF DELRA Y BEACH, FLORIDA
BY~~~r'
ATTEST:
o {; :'ll5YI 'fi)}f',!V.et;m JliVA;
City Clerk
~ed as to Fonn ~ "CITY"
~-1-.
City Attorney
WITNESSES: GEORGE T. ELMORE, AS TRUSTEE
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on: "Fr/"" C'." "--- - ,'/ I ' v ;: >
J/t' ~ l/}( 4:1';
~ c~ ~ _ ~ ',' /~ "OWNER"
Pont: lI\>- 0' M, 'iT
CER\ H:\WPOOCS\ELMOIlE\HARDRlVElANNEXJ'N,FlN,1201 14
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EXHmIT "A"
LEGAL DESCRIPTIONS
A-I: Legal Description of the 27.76 acres :i: Property
A-2: Legal Description of the 15,53 acres:i: West Parcel
A-3: Legal Description of the 12.23 acres:i: East Parcel
A-4: Legal Description of the 7,93 acres:i: North Parcel (East Parcel)
A-5: Legal Description of the 4.30 acres:i: South Parcel (East Parcel)
A-6: Legal Description of the 6.72 acres :i: of the West Parcel to be included in the Phase I
governmental approval application.
A-7: Legal Description of the 8.81 acres :i: of the West Parcel to be included in the Phase II
governmental approval application
A-8: Legal Description of the 4.30 acres:i: South Parcel (East Parcel) to be included in the Phase
II governmental approval application
CER\ H:\WPDOCS\ELMORElHARDRlVE\EXHIB-A-ANX 1201
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PlANNINC DEPAR1\oIENT
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A parcel of land lying in Section 30, Township 46
#v1 t South, Range 43 East, Palm Beach County, Florida,
11- more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
--~--_._-_.-
right-of-way as shown on said plat); thence South 00
degrees 26' 23" East along said right-of-way line of :
Congress Avenue (the west right-of-way line of ..
Congress Avenue is assumed to bear South 00 degrees ..
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence _.
South 89 degrees 03'43" West along the North line and :,'
the Easterly extension thereof, of'the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189, ;
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat "
Book 43, Page 141 , Public Records of Pa~m Beach ..'
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76 ;:
I feet to the South corner of the Plat of Lakeside at "
Centre Delray, as recorded in Plat Book SO, Page 195, =
I Public Records of Palm Beach County, Florida; thence -
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and ,
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre :
Delray a distance of 174.79 feet; thence North 89 .
degrees 02' 27" East along the South line of said plat~.
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
I Containing 15.529 acres, more or less.
I
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 Ea~t, Palm Beach County, Florida,
I being more particularly described as follows:
I Beginni~g at the intersection of the West
I right-of-way line of Seaboard Airline Railroad with
I the East-West Quarter Section line of said Section
I 30, thence South 00 degrees 27' 17" East, along the
. West right-of-way line of said Seaboard Airline
i Railroad, a, distance of 476.28 feet; thence South 89 :.-
I degrees 13'16" West, a distance of 393.01 feet to the
I intersection thereof with the East right-of-way line .
of Congress Avenue (a 120.00 foot road right-of-way,
i as laid out and now in use); thence North 00 degrees
27'17" West, along the East right-of-way line of said
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Congress Avenue, a distance of 476.28 feet to the .
..
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'1711 West, continuing along the
East right-of-way line of said Congress Avenue, a
. ,
distance of 652.64 feet to the intersection thereof "
with the Southerly boundary of the Lake Worth ."
Drainage District; thence, continuing North 00
degrees 27'1711 West, along the East right-of-way line
of said Congress Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue, u
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of 155.73 feet;
thence North 50 degrees 24'5611 East, continuing along , '
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East, continuing along the southerly .
.'
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 01 degree 19'34"
West, departing the boundary of said Lake Worth
I Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
The subject property is located approximately 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less.
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A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County , Florida,
more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23" East along said right-of-way line of ..
Congress Avenue (the west right-of-way line of - .
Congress Avenue is assumed to bear South 00 degrees -,
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence .,
South 89 degrees 03' 4311 West along the North line and -'
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31. 76
feet to the South corner of the Plat of Lakeside 'at "
! Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'5P East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
I Containing 15.529 acres, more or less.
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*A-3
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'17" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a distance of 476.28 feet; thence South 89
degrees 13'16" West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North 00 degrees
27'17" West, along the East right-of-way line of said
Congress Avenue, a distance of 476.28 feet to the -
:
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'1711 West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth ..-.
Drainage District; thence, continuing North 00
degrees 27'17" West, along the East right-of-way line
of said Congress Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue, .'
.-
continuing along the southerly boundary of said Lake -
Worth Drainage District, a distance of 155.73 feet; "
thence North 50 degrees 24'56" East, continuing along " '
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'4111 East, continuing along the southerly .'
-"
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 01 degree 19'3411
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad, I
I
a distance of 1122.28 feet to the Point of Beginning. I
Containing 12.23 acres, more or less.
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OESCR I PTI ON:
A parcel of land Iy/ny In Section 30. TownshIp 46 South. Range 43 East. Palm Beach County.
Florida. more partlcu arly described os fol lows:
Corrmenclnq at the poInt of Intersection of the southeasterlb llna of the plat of THE TERRACES
AT CENTRE DELRAY. os recorded in Plot Book 45. Page 49. Pu I Ie Records of Palm Beach
County. Florida. wIth the West r/~ht-of-Way line of Congress Avenue (a 120' rlght-of-Wa~) as
shown on said plot: thence South 0.11'51' West along sold plot lIne a distance of 716. 4 feet.
to the POINT OF BEGINNING of the hereinafter described parcel: thence South 00.,2'24 East a
dIstance of 440.47 feet: thence North 89.47'36" East 0 dIstance of 579.21 feet to a point of
Intersection with the West right-of-way line of Congress Avenue: thence South 00.26'23" East
along said rIght-of-way line 0 distance of 117.08 feet: thence South 89.03'43" West along the
Nort lIne of the plot of SABAL PINE PHASE 2 and the easterly extension thereof. os recorded In
Plot Book 39. page 189. Pub I ic Records of Palm Beach countt. FlorIda. 0 distance of 1234.38
feet to the sout east corner of the plat of THE ENVIRONMEN . 1. as recorded in Plot Book 43.
Page 141. PubtTc Records of Palm Beach County. FlorIda: thence North 00.24'16" West alon~ the
East lIne of sold plot 0 distance of 31.76 feet to the southeast corner of the plot of L KESIDE
CENTRE' OELRAY. as reoorded In Plat Book 50. Page 195. PublIc Records of Palm Beaoh County.
Florida: thence North 50.,1'51" East alon~ the southeaster/b tTna of saId plot and the
southeasterly lIne of saId plot of THE TE RACES AT CENTRE' ELRAY 0 dlstanoe of 430.40 feet:
thence North 01.09'15" West along the East lIne of s9Id,plat of THE TERRACES AT CENTRE'
DELRAY 0 distance of 174.79 feet: thence North 89.02 27 East a dIstance of 217.66 feet to 0'
Qoint on the southeasterly lIne of sold plot of THE TERRACES AT CENTRE' DELRAY: thence North
50.,1'5," East along the southeasterly line of saId plot 0 dlstanoe of 140.55 feet to the POINT
OF BEGINNING.
ContainIng In all 6.52747 aores more or less.
Subjeot to restrictIons. reservations. rights-of-way and easements of record.
ELMORE2.LGL
12/5/95 KMH
N89002'27"E 217.66'
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PROPERTY DESCRIPTION:
A parcel of land IYln~ In SectIon 30. TownshIp 46 South. Range 43 East. Palm Beach County.
F lor I do. lOOre part I cu or I y descr I bed as fo II ows:
Bef'nnlOO at theJ:,olnt of IntersectIon of the South line of the I2lat of THE TERRACES AT CENTRE'
DE RAY. as recor ed In Plat Book 45. paoe 49. Public Records of Palm Beach County. FlorIda.
with the West ri~ht-of-way I ine of Conoress Avenue (a 120' rloht-of-way) as shown on said piotr
thence South 00- 6'23" East along said right-of-way lIne of c~ress Avenue (the West
r I ghf-of-way lIne of Congress A venue I s assumed to bear South 0 - 26 ' 23" East and 0 II other
bearIngs stated hereIn are relatIve thereto) a dlstan~e of 916.48 feet; thence South 89-47'36"
West a dIstance of 579.21 feet; thence North 00-12'24 West a dIstance of 440.47 feet to a
point of IntersectIon wIth the southerly line of said plat of THE TERRACES AT CENTRE' DELRAY;
thence North 50-11'51" East along said plot line a distance of 746.84 feet to the POINT OF
BEGINNING.
Contarnlng In al( 9.00272 acres more or (ess.
Subject to restrIctIons. reservations. rIghts-of-way and easements of record~ .
ELMORE1. LGL
12/5/95 KMH
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M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf/-' r
SUBJECT: AGENDA ITEM it /0 D - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 77-95
(SMALL SCALE FLUM AMENDMENT/INITIAL ZONING FOR A PORTION
OF THE HARD RIVES SITE ON THE WEST SIDE OF CONGRESS
AVENUE)
DATE: DECEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 77-95
which provides for a small scale Future Land Use MaP5~(FLUM)
amendment and establishment of initial zoning for a 6.j::ij; acre
portion of the Hardrives property. This action is being processed
concurrently with annexation of the entire Hardrives site (27.76
acres located on both the east and west sides of Congress Avenue).
The subject parcel is located on the west side of Congress,
approximately 1,600 feet south of Germantown Road. The proposed
land use designation is Transitional (from County Industrial), with
an initial zoning classification of POC (Planned Office Center), to
accommodate a proposed 200,000 sq. ft. office building.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that it
be approved. At first reading on November 21, 1995, the City
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 77-95 on second and final
reading, based upon positive findings with respect to Section
3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development
Regulations, and policies of the Comprehensive Plan.
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ORDINANCE NO. 77-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COUNTY II INDUSTRIAL" TO CITY
IITRANSITIONALII, AND ESTABLISHING INITIAL ZONING OF i
i
POC (PLANNED OFFICE CENTER) DISTRICT, FOR A 6. 52 ACRE
PARCEL OF LAND LOCATED ON THE WEST SIDE OF CONGRESS
AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF GERMANTOWN
ROAD, 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 IIZ0NING MAP OF DELRAY BEACH,
FLORIDA, 199411; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, at its meeting of November 20, 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 Future Land Use Map Amendment from County Industrial to
City Transitional, and the establishment of an initial zoning
classification of POC (Planned Office Center) District, based upon
positive findings; and
!
I
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan reflect a land use designation of Transitional,
and that the Zoning District Map of the City of Delray Beach, Florida,
dated April, 1994, reflect a zoning classification of POC (Planned
Office Center) District for the property hereinafter described.
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:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Commencing at the point of intersection of the
southeasterly line of the Plat of The Terraces at
Centre Delray, as recorded in Plat Book 45, Page 49,
Public Records of Palm Beach County, Florida, with
the West right-of-way line of Congress Avenue (a 120
ft. right-of-way) as shown on said plat; thence South
00 degrees 26'2311 East along said right-of-way line
(the West right-of-way line of Congress Avenue is
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,
assumed to bear South 00 degrees 26'23" East and all i
other bearings stated herein are relative thereto) a ,
distance of 916.48 feet to the Point of Beginning of i
I
the hereinafter described parcel; thence continuing
along said right-of-way line South 00 degrees 26'2311
East a distance of 117.08 feet; thence along the
easterly prolongation of the North line of the plat
of Sabal Pine Phase 2, as recorded in Plat Book 39,
Page 189, Public Records of Palm Beach County,
Florida, and along said North line South 89 degrees
03'4311 West a distance of 1234.38 feet to the
southeast corner of the plat of The Environment, 1,
as recorded in Plat Book 43, Page 141, Public Records
of Palm Beach County, Florida; thence North 00
degrees 24'1611 West along the East line of said plat
a distance of 31.76 feet to the southwest corner of
the plat of Lakeside at Centre Delray, as recorded in
Plat Book 50, Page 195, Public Records of Palm Beach
County, Florida; thence North 50 degrees 11' 5111 East
along the southeasterly line of said plat and the
southeasterly line of said plat of The Terraces at
Centre Delray a distance of 430.40 feet; thence North
01 degrees 09'1511 West along the East line of said
plat of The Terraces at Centre Delray and the
northerly prolongation thereof a distance of 174.79
feet; thence North 89 degrees 02'2711 East a distance
of 217.66 feet to a point on the southeasterly line
of said plat of The Terraces at Centre Delray; thence
North 50 degrees 11' 51" East along the southeasterly
line of said plat a distance of 140.55 feet; thence
South 00 degrees 12'2411 East a distance of 440.47
feet; thence North 89 degrees 47'3611 East a distance
of 579.21 feet to the Point of Beginning. ,
i
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The subject property is located the west side of I
on
Congress Avenue, approximately 1,600 feet south of
Germantown Road; containing 6.52 acres, more or less.
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of Transitional 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.
- 2 - Ord. No. 77-95
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Section 4. That Chapter Two of the Land Development I
\
Regulations has been followed in the establishment of the zoning I
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District POC (Planned
Office Center) as defined by existing ordinances of the City of Delray
Beach, Florida.
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 I
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 I
become effective. If a final order of noncompliance is issued by the
Administration Committee, this amendment may nevertheless be made I
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 I
reading on this the 5th day of Dece~~~
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A'11EST: M I!L MAY ~. I
'1A L)Im 'fIJ! l'J I r' 7LJ$y
City Cl rk I
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November 21, 1995 I
First Reading
Second Reading December 5, 1995
- 3 - Ord. No. 77-95
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N REZONINGS
PARCEL - A PARCEL - B
- FROU: COUNTY -AR- (AGRICULTURAl RESIDENTIAL rROu; COUNTY -'l- (UGHT INDUSTRIAL)
WITH SPECIAL EXCEPTlO~ AND -CHO- Ta: CITY - I - (INDUSTRIAl)
Pl.AHNINC lI(PARTUENT (COUUERIAL HIGH omc ~ SPEC EXCEPTION)
OTY OF DEl.RAV BEACH. rL TO: CITY -POC- (Pu.NNEO or ICE CENTER)
- - DICIrAL BASe UAP SYSTrU --
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CITY COMMISSION DOCUMENTATION
TO: DAVI T. HARDEN, CITY MANAGER
I" '-.
THRU: ' OMIN~IRECTOR
DEPARTMENT NNING AND ZONING
~ lJerJ2. .
FROM: PAUL DORLlNG, P~CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM
COUNTY INDUSTRIAL TO CITY TRANSITIONAL AND INITIAL
ZONING OF POC (PLANNED OFFICE CENTER) FOR 6.72
ACRES LOCATED ON THE WEST SIDE OF CONGRESS
AVENUE APPROXIMA TEL Y 1,600 FEET SOUTH
OF GERMANTOWN ROAD.
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 County
"Industrial" to City "Transitional" for a portion of the Hardrives property and an
initial zoning of Planned Office Center.
The subject property is located on the west side of Congress Avenue
approximately 1,600 feet south of Germantown Road.
BACKGROUND:
This Small Scale Land Use Map amendment and initial zoning proposal involves
6.72 acres of the 15.53 acre Hardrives parcel located on the west side of
Congress Avenue. The amendment is being processed in conjunction with the
annexation of the entire 27.76 acre Hardrives property (east and west of
Congress Avenue) which is being processed simultaneously.
The proposed change is from a County Land Use Map designation of "Industrial"
to a City Land Use Map designation of "Transitional". An initial zoning
designation of POC (Planned Office Center) is being sought simultaneously.
The FLUM amendment and initial zoning involves a vacant western portion of the
site and is being proposed to accommodate a proposed 200,000 sq.ft. office
building. For additional background and analysis, see attached P&Z staff report.
/~.:L.
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PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at its November 20, 1995
regular meeting. The Board's recommendation was not available with the
writing of this report and will be presented at the City Commission meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the Small-Scale Future
Land Use Map amendment from County "Industrial" to City "Transitional" and
the initial zoning designation of Planned Office Center based upon positive
findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the
Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
P&Z Staff Report
,
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.G.
ITEM: Small scale FLUM amendment from Palm Beach County Industrial
to Transitional and initial zoning of POC (Planned Office Center) for
a 6.72 acre portion of the Hardrives property, located on. the west
side of Congress Avenue, south of Germantown Road.
GENERAL DATA:
Owner................................................ George T. Elmore, Trustee
ApplicantlAgent............... ...... ........... Jeff Lis
Location............................................. On the west side of Congress
Avenue, south of Germantown
Road.
Property Size..................................... 6.72 Acres
Existing Future Land Use Map.......... Industrial- PSC
Proposed Future Land Use Map....... Transitional
Current County Zoning...................... CHO (Commercial High Office)
and AR (Agricultural
Residential) i
Proposed Zoning............................... POC (Planned Office Center) I
Adjacent Zoning.......................North: poc 1
East: IL (Light Industrial) - PSC and I
CHO - PSC
South: POC and RM (Medium Density
Residential)
West: RM
Existing Land Use............................ Vacant.
Proposed Land Use........................... Small scale FLUM amendment
from Industrial (PSC) to 1
Transitional to accommodate
construction of an office
building.
Water Service.................. .................. Existing 10" water main in
Congress Avenue.
Existing 10ft water main serving
the Centre Delray (Office
Depot) site to the north of the
subject property.
Sewer Service................................... Existing 8" sanitary sewer main
in Congress Avenue
connecting to lift station 35.
Existing 8" sanitary sewer main
serving the Centre Del ray ........It
(Office Depot) site to the north
of the subject property
connecting to lift station 35A. IICHICU
INSKC_
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The item before the Board is that of making a recommendation on
a privately initiated Small Scale Future Land Use Map Amendment
from County "Industrial" to City "Transitional" along with an initial
zoning of POC (Planned Office Center).
The subject property is located on the west side of Congress
Avenue approximately 1,600 feet south of Germantown Road.
I:::!:i:::::::::::::::::':::::::::::::::::::::::::::::::::::::::::::"::::i:::::::,::::',:,:::::::::::::i':::::::j:::::::::::::::::::::::::::::::::,::::::::::::::::I,:I:::I::::I::I:'jl,:I,:::g::,I::::I:::i:::::::i:::i:i::::::::::'ijj::j::::::i:::::::::::::::::::::::::::::i:::i::::::::::::{:i:i:::::::::i:::::::i::::::::i::::j:i::::::::':::',:,,:,::,:::1
The Hardrives site was developed in the county and consists of three parcels
with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of
Congress Avenue and contains an office with electric and support room for the
three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and
11.79 acres) are located on the east side of Congress Avenue and contain the
Industrial operation of Hardrives which includes heavy equipment storage, repair,
and other operations necessary for road construction.
This Small Scale Land Use Map amendment and initial zoning proposal involves
6.72 acres of the 15.53 acre parcel located on the west side of Congress
Avenue. The amendment is being processed in conjunction with the annexation
of the entire property (27.76 acres) which is discussed in detail in an
accompanying staff report.
I:::::::::::::::::,:'::'::,:::::,'::::::.':':,:,::::,:'::'i::,~:::::::,':,,"::,",;.":::'II,g,.'I,:i'I..::@','m...:::I':,I.':'I,:~,'B::~::I;:'m"il::I:::M,:':,,::::::::::j:::,,:,':::':':::::::::::::~:j::::::,::::::::~,:j:':,i::,::',:,:::':',,;:';::':1
The proposal is to change the Future Land Use Map designation for a 6.72 acre
parcel from the County Land Use Map designation of "Industrial" to a City Land
Use Map designation of "Transitional". An initial zoning designation of POC
(Planned Office Center) is being sought simultaneously. The FLUM amendment
and initial zoning involves a vacant western portion of the site and is being
proposed to accommodate a proposed 200,000 sq.ft. office building.
J:::::::l:~:::~r::::'..,:::::::::,':::::~i::::..jl:~I::'1:'::A,,::~,g:::I:'I,::::':I::I':'I:'::':::I~:'I:::I::':I':I,:M::"I:':'N:::m:,,':'::::I:'::I:I~::I#::I:I::::1,::1':::':::::::::::::':::::'::'::::::::,:':"::'1
This Future Land Use Map Amendment is being processed as a Small Scale
Amendment 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 amendments (twice a year),
subject to the following conditions:
.
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Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 2
(J 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;
(J The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
(J The proposed amendment does not involve the same property owner's
property within 200 feet of property granted a change within a period of 12
months.
The land use map amendment involves a 6.72 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. This amendment
along with other small scale amendments processed this year will not exceed 60
acres (to date a total of 17.44 acres have been processed as small scale
amendments). This property has not previously been considered for a land use
amendment nor have any of the same property owner's properties been granted
a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies were found.
Conservation Element 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 approvals. However, the
requirement shall not apply to small parcels, developed parcels, or where it
is apparent that there are not such resources.
Conservation Element Policy 8-2.2: Whenever and wherever significant
or sensitive flora and fauna communities are identified pursuant to Policy
8-2.1, they shall be preserved as if they were environmentally sensitive
areas as identified in Objective 8-1.
The applicant has submitted a tree survey which shows an oak hammock
area in the south western corner of the site. This area pursuant to the
above policies is to be saved. If the area is in conflict with proposed
improvements all efforts are to made to save the maximum amount of the
area and to relocate the balance of trees on site. In addition if the area is
not saved in its entirety a waiver from LOR Section 4.6.16(0)(2) will be
required from City Commission.
,
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Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 3
Conservation Element Policy 8-2.5: Whenever new development or
redevelopment is proposed along a waterway, a canal, or environmentally
sensitive 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 TCRPC
Policy 10.2.2.2.
As this development the Delray Oaks environmentally sensitive area the
above policy applies. A buffer area should be maintained along the
southern property line which mitigates impacts on the environmentally
sensitive area as well as adjacent residential properties. This buffer area
will also serve as mitigation relating to land use compatibility to the south
and west as discussed later in the report.
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 Transitional, a
rezoning to POC (Planned Office Center) is being sought. The FLUM
amendment and rezoning to POC are being processed concurrently to facilitate
construction of a future office development.
The proposed Transitional land use designation is consistent with POC (Planned
Office Center) zoning designation. The proposed office uses are permitted uses
in the POC (Planned Office Center) zoning district.
land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional Land Use designation is applied to land which is to be developed for
either residential or non residential uses. The designation provides for uses
which are not as intense as general commercial in areas where residential use is
not desirable and/ or appropriate.
The adjacent property to the north has a Transitional Land Use designation, is
zoned Planned Office Center and contains office uses. To the south the
properties have a combination of Transitional and Medium Density residential
land use designations. These properties are zoned Planned Office Center and
Residential Medium and contain the Sabal Pine condominiums and the Delray
Oaks Hammock area (designated as an environmentally sensitive area). To the
east the site is bordered by a combination of Transitional and Industrial land use
. '
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Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 4
designations which represent the balance of this site which is subject to and a
part of the accompanying annexation request. The balance of the site contains
uses associated with the radio tower operation and the industrial components of
the Hardrives operation. To the west the site is bordered by a combination of
Open Space (Office Depot retention area) and Medium Residential (Environment
condominiums). (Note: The Open Space designation is in the process of being
amended to a Transitional Land Use designation).
Compatibility with the adjacent office and industrial uses to the north and east is
not a concern. Compatibility with residential uses to the south and west is a
concern and will require additional buffering with the development of the site.
This buffering may include a combination of buffering mechanisms including
installation of a wall and / or heavy buffering with trees and hedges. With the
addition of adequate buffering a finding that the proposed Land Use Map
amendment to Transitional is consistent with the surrounding land use
designations and existing uses can be made.
1\::~::I:::Ii::'::::::::)\\)\\:::i::::~:::\,:;:):::::":)':":':::::::':::)::":::):~:::\:':\::\::::\"::::':::::\::::\\I\:I,:'N),~');I,::I:":I:':I::ll':UI::I::~'::$,'\\::,:"::)::::,:::::),\:::':::)):'!:::):::::::::::::::::,::\:)'::::j::::::::):::);:):,::::::::::)j::)":'::::':,':,'1
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
FUTURE LAND USE MAP: 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 County land use designation of Industrial and has a
county zoning designation of Commercial High Office and Agricultural
Residential. The proposed Transitional Land Use designation and Planned
Office Center zoning designation are consistent with each other. Pursuant to the
LOR Section 4.4.15(B), within the POC zone district, the proposed professional
office uses 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.
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Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 5
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
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 proposal represents
adoption of the advisory Transitional land use designation there are no
concurrency concerns relating to the application of the Transitional land use
designation. Concurrency findings with respect to future improvements will be
made at the time of development review.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(0)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Comprehensive Plan Policies
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies with respect to the zoning
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:
(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 properly mitigate adverse impacts from
the new use.
The surrounding properties are office and industrial to the north and east
and medium residential to the south and west. Compatibility with the
surrounding properties containing office and industrial uses is not a
concern. The medium density residential properties and Delray Oaks
Hammock area will required additional buffering which may include
installation of a wall, trees and hedging. With the installation of
appropriate buffering any adverse impacts on residential properties will be
properly mitigated.
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Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 6
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(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.
As the proposal is associated with annexation of the property and the application
of an initial city zoning category the above section is not applicable.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The initial zoning will accommodate future development of the site with
professional office uses. The future development plans must meet all of the
requirements of the Land Development Regulations or receive appropriate relief.
A full site plan submittal is anticipated in the near future.
It;i::i:::::::::::::;::,::;::!.::::::::::::::::::'.:.:!::::,:,::::'i,::'::::::::,:::::::,:i::::,::!:':::,'::;::::::::!::I:'ii~::I:liW:::::i:I:M:::::':::I:r;::I:':I,1:1::::::,:::::'::::::::::::::::::::::::::::::]:::::::::::::::i::[::;::;::i[i;:j:::;j::!::::::':::::'::::::!:':::::;,:[',;'1
This proposal is not in the geographical area which requires review by the
Downtown Development Authority, Community Redevelopment Agency, or the
Historic Preservation Board.
Adjacent Municipality Notice
Pursuant to the Intergovernmental Coordination Element notice of the
development proposal has been provided to the City of Boca Raton and Palm
Beach County Planning Department. To date no objections have been
received.
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, .
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 7
Public Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. letters of objection and support, if any, will be presented
at the Planning and Zoning Board meeting.
1~;~:1~:::::::::::I::::::::::::::~::'~:::::::::::::::::::::::::::::::::::::I:I;:I,:I:::I::I:::S'::I':::I::::1:::1\:,::::::::1:::1:::1::::,::::1:::1::1:::1:::1;:::1:1:1:::1::11:::1:::::':::1:::::::::::::::::::::::::::::::::::::,:::::,:::::::::::::::::,::,[:::::::1
The Future Land Use Map Amendment from County "Industrial" to City
"Transitional" 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 proposed use of the property and the
proposed initial zoning of POC (Planned Office Center). Given the above,
positive findings can be made with Section 3.1.1, Section 3.3.2, and Section
2.4.5(0) of the Land Development Regulations, and policies of the
Comprehensive Plan.
1:::j::I::j:::,:::::::\:\:::::::,::;:::::::::,:'::;,:::':,','::::=;:':::::':':::::,::::::,,::::':::,:tl':lf::1:::1:':1"1'1:,:1:;,1:,:1:,1::'::::,:\1:1::1;':'1:,:1::\H:::I,!::;,:::[::\:[j=;Ii,:\::::::',:::':::,:::,::[::,[:':'::=;:::::::':':::'::::::::::'::'::::::::':":::'1
A. Continue with direction.
B. Recommend approval of the Future land Use Map Amendment from
County "Industrial" to City "Transitional", and the initial zoning of POC
(Planned Office Center) based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the Land
Development Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment from County
"Industrial" to City "Transitional" and the initial zoning request to Planned
Office Center with reasons stated.
1~1:::1:::::::::::::::::':::::::::::::::::::::'::::1:1:::::::::':::::::::::::':::::,:::':::::::::1::,:::::::1::I::\I',I:,::I;;::,::::I:::I::I:::I:::I::::I::i:::I::::1::1::1,::':::1:::1,::::::::::::::::::::::::::::::::::::::::::::::,::::::::::'::::::,::::::::::::::::::::::::::::'[':::::'::'::'1
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment from County "Industrial" to City "Transitional" and the
initial zoning designation of Planned Office Center based upon positive findings
with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the Land
Development Regulations, and policies of the Comprehensive Plan.
Attachment
[J Location Map
This Staff Report prepared by: Paul Dorling. Principal Planner
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'/11
SUBJECT: AGENDA ITEM # 10 t: - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 78-95
(SMALL SCALE FLUM AMENDMENT/INITIAL ZONING FOR A
PORTION OF THE HARDRIVES SITE ON THE EAST SIDE OF
CONGRESS AVENUE)
DATE: DECEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 78-95
which provides for a small scale Future Land Use Map (FLUM)
amendment and establishment of initial zoning for a 7.93 acre
portion of the Hardrives property. This action is being
processed concurrently with annexation of the entire Hardrives
site (27.76 acres located on both the east and west sides of
Congress Avenue). The subject parcel is located on the east side
of Congress, approximately 400 feet south of Germantown Road.
The proposed land use designation is Industrial (from County
Industrial), with an initial zoning classification of I
(Industrial) District, to accommodate the industrial operation of
Hardrives.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that it
be approved. At first reading on November 21, 1995, the City
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 78-95 on second and final
reading, based upon positive findings with respect to Section
3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development
Regulations, and policies of the Comprehensive Plan.
f~5-0
ref:agrnerno12
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ORDINANCE NO. 78-95 I
I
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY
"INDUSTRIAL" , AND ESTABLISHING INITIAL ZONING OF I
(INDUSTRIAL) DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND
LOCATED ON THE EAST SIDE OF CONGRESS AVENUE,
APPROXIMATELY 400 FEET SOUTH OF GERMANTOWN ROAD, 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"; I
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, at its meeting of November 20, 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 Future Land Use Map Amendment from County Industrial to
City Industrial, and the establishment of an initial zoning
classification of I (Industrial) District, based upon positive
findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan reflect a land use designation of Industrial,
and that the Zoning District Map of the City of Delray Beach, Florida,
dated April, 1994, reflect a zoning classification of I (Industrial)
District for the property hereinafter described.
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:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of the Seaboard Airline Railroad
with the East-West Quarter Section line of said
Section 30; thence South 89 degrees 13' 16" West,
along said East-West Quarter Section line, a distance
of 393.01 feet to the intersection thereof with the
East right-of-way line of Congress Avenue (a 120.00
foot road right-of-way, as laid out and now in use);
thenc e North 00 degrees 27'17" West, along the East
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i right-of-way line of said Congress Avenue a distance
i of 652.64 feet to the intersection thereof with the
southerly boundary of the Lake Worth Drainage I
District; thence continuing North 00 degrees 27'17"
West along the East right-of-way line of said i
Congress Avenue, a distance of 127.28 feet; thence i
North 89 degrees 45'39" East, departing the East i
right-of-way line of said Congress Avenue, continuing i
along the southerly boundary of said Lake Worth
Drainage District, a distance of 155.73 feet; thence
North 50 degrees 24'56" East, continuing the
southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East along the southerly boundary of
said Lake Worth Drainage District, a distance of I
78.62 feet; thence North 01 degree 19'34" West, I
departing the boundary of said Lake Worth Drainage
District, a distance of 229.44 feet; thence North 82
degrees 25'43" East, a distance of 95.00 feet to the
intersection thereof with the West right-of-way line
of said Seaboard Airline Railroad; thence South 00
degrees 27'17" East along the West right-of-way line
of said Seaboard Airline Railroad a distance of
1122.28 feet to the Point of Beginning.
The subj ect property is located on the east side of i
Congress Avenue, approximately 400 feet south of I
Germantown Road; containing 7.93 acres, more or less. I
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby I
changed to reflect a land use designation of Industrial for the I
subject property. I
I
I
Section 3. That the City of Delray Beach elects to make I
this small scale amendment by having only an adoption hearing,
I
pursuant to Florida Statutes Section 163.3187(1)(c)4. i
i
Section 4. That Chapter Two of the Land Development I
Regulations has been followed in the establishment of the zoning i
classification in this ordinance and the tract of land hereinabove I
described is hereby declared to be in Zoning District I (Industrial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
- 2 - Ord. No. 78-95
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ii Section 5. That the Planning Director of said City shall,
" upon the effective date of this ordinance, amend the Zoning Map of the
I: City of Delray Beach, Florida, to conform with the provisions of I
, Section 4 hereof. I
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 i
ordinance or any portion thereof, any paragraph, sentence, or word be I
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective I
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163.3187(3), F.S. If challenged, the
I
effective date of this amendment shall be the date a final order is I
issued by the Department of Community Affairs, or the Administration I
Commission, finding the amendment in compliance with Section 163.3184,
F.S. No development orders, development permits, or land uses I
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 I
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. I
I
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of Dece~ ' 1995. I
f~ ,
MAY 0".: i
A~T:. M ~f~ I
~Yfl1!:J ~ I
City C rk
First Reading November 21, 1995 i
I
December 5, 1995 I
Second Reading I
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i
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- 3 - Ord. No. 78-95
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N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS
- A. - OFFICE OEPOT PARCEL 8.- HARDRrvrS WEST C. - HARDRrvrS EAST
rROM OPEN SPACE fROM COUNTY INDUSTRJ.*.L rROM COUNTY INDUSTRJ.*.L
PlAHNlNC OEPAIl1W[N T TO TRANSITIONAL TO CITY TRANSIT/ONAL TO CITY INDUSTRJ.*.L "
PROPOSED SITE or RELOCATED
CITY Of OELRAY 1l[ACH, n CO....UNICATlON TOWER
-- DIGITAl. BASE MAP SYSTEII --
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CITY COMMISSION DOCUMENTATION
TO: OVID T. HA~TY MANAGER
, ~
THRU: 01 NE OOMI EZ, ~~C~R
DEPART ENT F PLA NING AND ZONING
FROM: Y A. COSTELLO
PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT AND
INITIAL ZONING OF I (INDUSTRIAL) FOR HARDRIVES. INC.
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 County Industrial to City Industrial and applying an initial City zoning
designation of I (Industrial) for Hardrives, Inc.
The subject property is located on the east side of South Congress
Avenue, approximately 400 feet south of Germantown Road.
BACKGROUND:
The Hardrives site was developed in the County and consists of three parcels
with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of
Congress Avenue and contains an office with electric and support room for the
three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and
11.79 acres) are located on the east side of Congress Avenue and contain the
industrial operation of Hardrives which includes asphalt manufacturing, heavy
equipment storage, repair, and other operations necessary for road construction.
This Small-Scale Land Use Map amendment and initial zoning proposal involves
7.93 acres of the 11.79 acre parcel located on the east side of Congress
Avenue. The proposal is to change the Future Land Use Map designation for
the parcel from the County Land Use Map designation of "Industrial" to the City
Land Use Map designation of "Industrial" and apply an initial zoning designation
/cl.J.
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City Commission Documentation
Meeting of November 21, 1995
Small-Scale FLUM Amendment and Initial Zoning of City I (Industrial) for Hardrives, Inc.
Page 2
of City I (Industrial). The amendment is being processed in conjunction with the
annexation of the entire property (27.76 acres). Additional background and an
analysis of the request is found in the attached Planning and Zoning Board Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The proposal is scheduled for the Planning and Zoning Board meeting of
November 20, 1995. The Board's recommendation will be presented at the City
Commission meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the FLUM amendment and
initial zoning of I (Industrial) for Hardrives, Inc., setting a public hearing date of
December 5, 1995.
Attachments:
0 P & Z Staff Report and Documentation of November 20, 1995
0 Ordinance by Others
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.H.
ITEM: Small-Scale FLUM amendment from County Industrial to City
Industrial and initial City zoning of I (Industrial) for Hardrives, Inc.
located on the east side of Congress Avenue, approximately 400
feet south of Germantown Road.
GENERAL DATA:
Owner............................................. George T. Elmore, Trustee
ApplicantlAgenl............................. Jeff Lis
Catalfumo Construction
Location.......................................... East side of S. Congress Avenue,
400 feet south of Germantown
Road.
Property Size.................................. 7.93 Acres
Existing Future Land Use Map....... Industrial- County
Proposed Future Land Use Map.... Industrial - City of Delray Beach
Current Zoning............................... IL (Light Industrial) - County
Proposed Zoning............................ I (Industrial) - City of Delray Beach
Adjacent Zoning...................North: I and POC (Planned Office
Center)
East: CD (Conservation)
South: IL (Light Industrial) - County
West: CHO (Commercial High Intensity)
- County. In the process of being oma ,
1tD'O. I
annexed with the City POC I
(Planned Office Center) zoning 1
designation.
Existing Land Use......................... Existing roadway construction
company with concrete and
asphalt manufacturing facilities,
and associated equipment storage
and repair facilities.
Proposed Land Use....................... Same as existing. III. ..
Water Service................................. Existing on-site ..
- w
Sewer Service................................ Existing septic system ...a to:
W. ..
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li::::::i::::::::::::,::::::,::::::::,:::::::::::::::::'::::,::::,::::::::::::::::::::::::::':::::::::::::::~:::I:::I:!'I,,:::::::I:!:I:::'I:::I:::I::::I:::::::::1:::1:::1:::::::::1:':1::1:::1:::1:::::::'::::::::::::j:j:::::::::::::;::::::::::::::j:::::::::::::::::::::::::::::::::::::::::::':.::::::'::1
The item before the Board is that of making a recommendation on
a privately initiated Small Scale Future Land Use Map Amendment
from County "Industrial" to City "Industrial" along with an initial
zoning of City I (Industrial).
The subject property is located on the east side of South Congress
Avenue, approximately 400 feet south of Germantown Road.
~::::::::::::::::::::::::::::::::::::::::!::::::::::::::::::::'::,:,:::::::::::::::::::::::::j:j:::j:::::::::::::::::::::::::::::::::::::::::::::::':::::::::;::II::I,:I::!I'::g::::R,::I:::g:::I::::g::::::'::::::::::::j:::::::::::::::::::;j:::::::::::::::::::!:::!:::::!::::,::::!:::::!:::!:;j:j:::j:::::::::::j:::::::::::::::::::::::::::::::::::::,::,::::::::1
The Hardrives site was developed in the county and consists of three parcels
with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of
Congress Avenue and contains an office with electric and support room for the
three radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and
11.79 acres) are located on the east side of Congress Avenue and contain the
industrial operation of Hardrives which includes heavy equipment storage, repair,
and other operations necessary for road construction.
This Small Scale Land Use Map amendment and initial zoning proposal involves
7.93 acres of the 11.79 acre parcel located on the east side of Congress
Avenue. The amendment is being processed in conjunction with the annexation
of the entire property (27.76 acres) which is discussed in detail in an
accompanying staff report.
1:::::::"::::::::::'::::,::::::.'..::,,";:,:,:':::'::,::,::::::::::::,::":":..::::::e:::B;,:g',I,'I;:'m:"i:,g'::I'I":I::::B::~,'I::'I::I:::I::I::i:'::::'::::::::::::::::::::::,::':,::::::i,::,::,::::':::::::::':::':;::"::::::'::::::'::',:"':":,:1
The proposal is to change the Future Land Use Map designation for a 7.93 acre
parcel from the County Land Use Map designation of "Industrial" to a City Land
Use Map designation of "Industrial". An initial zoning designation of I (Industrial)
is being sought simultaneously.
l::::::::::::::::::::::,:'::,:::::,::::::::::::i::I:,!":Bi'::li.';'::g::::$','g:'::,:j:I':!:"R':':j':':I:':1':I:::I:::I:::I::,:I:::I:,I':,i:::::I:':I:::III::I:i:$::i:"::I:::'::::::::'::::::::::::::,::":',':!:'::::::::::1
This Future Land Use Map Amendment is being processed as a Small Scale
Amendment 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 amendments (twice a year),
subject to the following conditions:
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P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 2
[J 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;
CJ The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
CJ The proposed amendment does not involve the same property owner's
property within 200 feet of property granted a change within a period of
12 months.
The land use map amendment involves a 7.93 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. This amendment
along with other small scale amendments processed this year will not exceed 60
acres. This property has not previously been considered for a land use
amendment nor have any of the same property owner's properties been granted
a land use change within 200 feet within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were found.
LAND USE ANAL YSIS:
FUTURE LAND USE MAP: Pursuant to Land Development Regulations
Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting
structures must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use designation
as shown on the Future Land Use Map.
The subject property has a County land use designation of Industrial and County
zoning designation of IL (Light Industrial). In conjunction with the Future Land
Use Map amendment to City Industrial, a rezoning to City Industrial (I) is being
sought. Pursuant to LOR Section 4.4.20, within the I zone district, the existing
uses of concrete and asphalt manufacturing, heavy equipment storage and
repair, and other operations necessary for road construction are allowed as
permitted and conditional 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.
. '
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 3
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 proposal represents
adoption of the advisory Industrial land use designation there are no concurrency
concerns relating to the actual application of the Industrial land use designation.
Concurrency findings with respect to future improvements will be made at the
time of development review.
Land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Industrial Land Use designation accommodates manufacturing, fabrication,
assembly and warehousing. It is applied to land which currently has such uses
and which is located in an area which should continue to be used for industrial
purposes. It is also applied to those areas of the community which are best
suited, because of their location, to accommodate industrial uses. Residential
and general commercial uses are not appropriate on land designated as
industrial.
The land use designations to the north are Industrial and Transitional. These
properties are zoned I (Industrial) and POC (Planned Office Center). The
existing land uses are an industrial building (Lang Management, Inc.) and a
vacant office building formerly occupied by IBM. The property to the south has
an Industrial land use and zoning designation, and is part of the Hardrives
property included in the annexation request. To the west of the site is bordered
by the Transitional land use designation which represents the balance of the
accompanying annexation request. A portion of the property is to be annexed
with the POC zoning designation to accommodate a proposed 215,000 sq.ft.
office building. The property is bordered to the east by Seaboard Coastline
Railroad and 1-95.
The FLUM amendment involves the application of the City's advisory designation
of Industrial, which is consistent with the current use of the property.
Compatibility with the surrounding office and industrial uses is not a concern as
the properties have co-existed for many years.
liiii:il:ii:::::::::)::::'ii::::':::::::I):::::::'::::,::,:::::::::::::::i::'::::::::::,::'i:,::::::::'::::::::::::::,::::::::::):::):::I::'g::N:"'I:":ff,:':;:'::':::1:::1:::1::1:::11:':$1:::1,:::1',',::::':::::::):::::::::::::i:i::::::::)i::):ij:iI:!:::):):):::)::)j:::::::,::j:::::':':':::::::::::::::::::):::::::::::::::::':'::',:1
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
,
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 4
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.
Consistency with the Future Land Use Map, Concurrency, and
Comprehensive Plan Consistency were discussed in the Future Land use
Analysis portion of this report. Compliance with the Land Development
Regulations, (Standards for Rezoning Actions, Rezoning Findings) are
discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(0)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Comprehensive Plan Policies
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies with respect to the zoning
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:
(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 properly mitigate adverse impacts from
the new use.
The surrounding properties are office and industrial to the north, office to
the west, the Seaboard Coastline railroad and 1-95 to the east, and
industrial to the south. The subject property is in an area that is
appropriate for industrial uses. Compatibility with the surrounding
properties is not a concern.
, '
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 5
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(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.
As the proposal is associated with annexation of the property and the application
of an initial city zoning category the above section is not applicable.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
A site inspection of the development was conducted and revealed a number of
code deficiencies. As part of this proposal the development must comply with
the minimum perimeter landscape code requirements of 1993. Staff will work
with Hardrives to achieve compliance. Any future development must comply
with the City's Land Development Regulations.
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This proposal is not in the geographical area which requires review by the
Downtown Development Authority, Community Redevelopment Agency. or the
Historic Preservation Board.
IPARC Notice:
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. Special correspondences were also provided to the City
of Boca Raton and Palm Beach County Planning Departments. To date, a
response has not been received.
. '
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 6
Special Courtesy and Public Notices:
Courtesy notices were provided to the following homeowner's associations and
civic organizations:
Andover Oakmont Association
Crosswinds Pines of Delray
Crosswinds Single Family Section Pines of Delray East
Crosswinds Master Association Pines of Delray West
Eastwinds at Crosswinds Progressive Residents of Delray(PROD)
Southwinds of Crosswinds Sabal Pine Condominium East, Inc.
Foxe Chase Sabal Pine East Association
Delray Property Owners Sabal Pine South Association
Minto Builders Florida, Inc. (Spring landing)
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. Any letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
IIi)~;:,):;::::):,))::,"'::~']!~::::~:::::::::::::::::':::::::I:'~I:::I:'~I::~I'::I:~M,::)i,:::M:!:I):,::::)I:)M::I:'::::::::I!:,I:::;I::I!)~I:::I;::I:::':::I:::I::,:::::::::::!:I:)::!:)::~;:::~:~::!:::::::::':::'::~,):)::,:,:::::::,::::'I
The Future land Use Map Amendment from County "Industrial" to City
"Industrial" is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. The proposed Future Land
Use Plan Amendment is consistent with the existing use of the property and the
proposed initial zoning of I (Industrial). Given the above, positive findings can be
made with Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the Land
Development Regulations, and policies of the Comprehensive Plan.
I:::::~::::::~:~::::~::':':;,::::'::::::::;:':,:::::I::":::::::,:::::',:::::,::,,:':,::::[:::::),:I:'::y,:m::,I::,jS"BI:!)t:::J::M:::i)::,:::I::'I]'Ij::'J,:::I:::ljl]:::::,:::::::::::::::::'::::::::::::::::'::::::::::::::::::~::::::::::::,:::::::::::::,:::::::::::::::,:::::,::),::::1
A. Continue with direction.
B. Recommend approval of the Future land Use Map Amendment from
County "Industrial" to City "Industria!", and the initial zoning of City I
(Industrial) based upon positive findings with respect to Section 3.1.1,
Section 3.3.2, and Section 2.4.5(0) of the land Development
Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment from County
"Industrial" to City "Industrial" and the initial zoning request of City I
(Industrial) with reasons stated.
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 7
~1r;~~:ii:::::':'::::::::::::'::,::::::::::::i:::::::::::::::::::::::::::::::::::::::::::::::::::::::I::m::I:::I:':I::::::::::I:::I:,:g:::I::I:::I:::I:,:I;:::I::(1::1:::1:::1:::1::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::':::1
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment from County "Industrial" to City "Industrial" and the initial
zoning designation of I (Industrial) based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachment:
[J Location Map (Parcel C)
This Staff Report prepared by: Jeff Costello. Senior Planner
, '
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8t(v"\
SUBJECT: AGENDA ITEM # 10 ~/- MEETING OF DECEMBER 5. 1995
CONDITIONAL USE REOUEST/COMMUNICATION TOWER FOR HARDRIVES
DATE: DECEMBER 1, 1995
This is before the Commission to consider a request for conditional
use approval to establish a communication tower for Hardrives, Inc.
It is being processed concurrently with the annexation of the
entire Hardrives holdings (27.76 acres located on the east and west
sides of Congress Avenue) . In particular, this action is
associated with Ordinance No. 78-95 which provides for a land use
designation of Industrial and a zoning classification of Industrial
for a 7.93 acre portion of the Hardrives property located on the
east side of Congress Avenue.
The development proposal is to remove the three existing towers now
located on the Hardrives site west of Congress Avenue (two 300 ft.
towers and one 400 ft. tower) and relocate one 450 ft. tower to the
east side of Congress at the north end of the property.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that
the conditional use be approved, subject to the conditions outlined
in the Planning Department's memorandum.
Recommend approval of the conditional use request to establish a
communication tower for Hardrives, Inc. , based upon the findings
and recommendation of the Planning and Zoning Board.
~,uJ/~/ln~
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ref:agmemo4
. '
[>I<
~1
CITY COMMISSION DOCUMENTATION
TO:
THRU:
G
FROM: Y A. COSTEllO
R PLANNER
SUBJECT: MEETING OF DECEMBER 5, 1995
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
RELOCA TE A COMMUNICATION TOWER FOR HARDRIVES,
INC., LOCATED ON THE EAST SIDE OF CONGRESS AVENUE,
APPROXIMA TEL Y 400 FEET SOUTH OF GERMANTOWN
ROAD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval of a
Conditional Use request to establish a communication towerfor Hardrives,
Inc. within the I (Industrial) zone district.
The subject property is located on the east side of Congress Avenue,
approximately 400 feet south of Germantown Road.
BACKGROUND:
The subject property is an unplatted property containing 7.93 acres of land. The
property is developed and occupied by Hardrives, Inc., a paving company with
asphalt manufacturing, equipment storage and repair facilities, and a fueling
station. The subject property is a portion of the entire Hardrives holdings which
includes property on the east and west side of Congress Avenue, and consists of
27.76 acres of land.
An annexation petition for the entire Hardrives, Inc. holdings, is currently being
processed along with a Future land Use Map amendment and initial City zoning
of I (Industrial) for this property. The property on the west side of Congress
Avenue is to be developed with a 215,000 sq.ft. office building. Hardrives will
relocate its administrative office component to the east side of Congress Avenue,
, '
City Commission Documentation
Meeting of December 5, 1995
Communication Towers for Hardrives, Inc. - Conditional Use Approval
Page 2
remove the three towers and construct a replacement tower on the east side of
Congress Avenue.
The development proposal is to remove the three existing towers on the west
side of Congress Avenue (2 - 300' and 1- 400') and relocate one 450' tower to
the east of Congress Avenue at the north end of the property. 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 November 20, 1995, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. There was no public
testimony regarding the proposal. However, area residents had spoken during
the annexation hearing regarding the towers. The Board voted 6-0 (Young
absent) to recommend that the Conditional Use request be approved with
following conditions:
A. Submission of a full site plan application to be processed pursuant to
Section 2.4.3 of the Land Development Regulations and address the
"Technical Items" listed in the staff report;
B. That the existing towers on the west side of Congress Avenue be
removed within 30 days of the installation of the new tower;
C. That the height of the tower be no higher than 450 feet;
D. Verification from the F.A.A. (Federal Aviation Administration) that the
location and height of the tower is acceptable and must be provided with
the site plan submittal;
E. That any proposal to add fixtures be processed as a non-impacting site
plan modification; and,
F. That a landscape buffer which includes tall growing trees be installed at
the perimeter of the property.
RECOMMENDED ACTION:
Approve the conditional use request to establish a communication tower for
Hardrives, Inc. based upon the findings and recommendation of the Planning
and Zoning Board.
Attachment:
0 P & Z Staff Report and Documentation of November 20, 1995
S:REPORT/CCTOWERS.DOC
.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.J.
ITEM: Conditional Use Request for Relocation of a Communication Tower from
the Hardrives Property on the west side of Congress Avenue, to the
Hardrives Property on the east side of Congress Avenue, approximately
400 feet south of Germantown Road.
GENERAL DATA:
Owner........................................... George T. Elmore, Trustee
ApplicantlAgent............................ Jeff Lis
Catalfumo Construction Company
Location........................................ East side of South Congress Avenue,
approximately 400 feet south of
Germantown Road.
Property Size................................ 7.93 Acres
Existing Future Land Use Map..... Industrial - County
Proposed Future land Use Map.. Industrial - City of Delray Beach
Current Zoning.............................. IL (Light Industrial) - County
Proposed Zoning.......................... I (Industrial) - City of Delray Beach
Adjacent Zoning..................North: I and POC (Planned Office Center)
East: CD (Conservation)
South: IL (Light Industrial) - County I
West: POC and CHO (Commercial High t
Intensity) - County. In the process of
being annexed with the City POC oma:
llEl'OT
zoning designation.
Existing Land Use........................ Existing roadway construction 1
company with concrete and asphalt
manufacturing facilities, and
associated equipment storage and
repair facilities.
Proposed Land Use...................... Conditional use request for the
relocation of a communication tower
(450') to the north end of the CAN A III
Hardrives site. III
w
Water Service............................... Existing on-site SABA/. '"
I'fNCS
CAST u
Sewer Service.............................. Existing septic system. z
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V.J.
. '
I:,:::::::::::;,::::::::::::::::,::::;:::::;:::;:;:::::;::::::::::',:::::::::::::;:::;:::::;::::::;:::::::::::1:::1;:;;:::[1:::,:::':::1;:'1';:,1:;:;'::1;;::1:::;,:,,;I,::m,:::i:;::,:::::I:::I::I::I:::a::::;~:;:;;::::::::::::::::::;:~:::::::,::::::,:::::::::::,::,:::::,:::;:::,:::;:;:::;:,::,,::::::::::,::,1
The action before the Board is that of making a recommendation to
the City Commission on a Conditional Use request and attendant
sketch plan to establish a communication tower for Hardrives,
Inc., pursuant to Section 2.4.5(E).
The subject property is located on the east side of South Congress
Avenue, approximately 400 feet south of Germantown Road.
I:::::::::::::::::::::::::::::I::::::::::::::;::::::::::::::::;:::::::::::1:1::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1:::;:::1:::1:::1:;::1::1::::1:::1::::1::::::::::::::::::!:::::::::::::::;::::::::::::::::;:::::::::::::::::::::::::::!::::::;:::::::::::::::::;::::::::::::::::!::::::::::::::;:::::!::::!::::::::::::I
The subject property is an unplatted property containing 7.93 acres of land. The
property is developed and occupied by Hardrives, Inc., a paving company with
asphalt manufacturing, equipment storage and repair facilities, and a fueling
station. The subject property is a portion of the entire Hardrives holdings which
includes property on the east and west side of Congress Avenue, and consists of
27.76 acres of land.
An annexation petition for the entire Hardrives, Inc. holdings, is currently being
processed along with a Future Land Use Map amendment and initial City zoning
of I (Industrial) for this property. The property on the west side of Congress
Avenue is to be developed with a 215,000 sq.ft. office building. Hardrives will
relocate its administrative office component to the east side of Congress Avenue,
remove the three towers and construct a replacement tower on the east side of
Congress Avenue.
~:::;;::::::):;::::::::::::;::::):::):::::;:):::::::::):::::::j::):::::):):::):):::::):))::::::::::::::::::::::::::):I):):I:::I;)I::::I)::I:::i::;;::::I::::;:::[I:::1:;:1:;:1:::1:;:1:;1:;1:;1:::::::;::;;;::::::;::::;;::::;::::::::;::::::::::;::;::::::::::::::::;::::):;:::::;:::::;):::::::::::::::::1
The development proposal is to install a communication and transmission
facility/tower. The applicant has submitted the following narrative which
describes the development proposal:
"The petitioner currently operates a communication and transmission facility on
the west side of Congress A venue that consists of three towers (2 at 300' and 1
at 400') with approximately fifty customer antennas, dishes, etc. attached to
three towers.
The proposal is to install a new 450' AGL (above ground level) guyed
communication and transmission tower, and equipment room at the base of the
tower which will be located on the norlhern end of the properly east of Congress
A venue. The new communication tower will be triangular in shape with each leg
being approximately 6' in length at the base, making the perimeter of the tower
at the base approximately 18 feet. The top of the tower will have the same
configuration and size as the base. The tower will be engineered and installed in
. '
Planning and Zoning Board Staff Report
Communication and Transmission Tower for Hardrives, Inc. - Conditional Use Approval
Page 2
a manner that in the event the tower fails, due to wind load or impact from flying
debris, it is guyed in such a way as to collapse on itself.
The tower will be used for general communications class users as cellular, two-
way radio, digital data services, paging, microwave and personal communication
service transmission. The tower will be designed with circular donut style
mounting platforms at various levels (300', 350' and 400') to provide equipment
mounting locations for the existing customers using the three towers west of
Congress and future potential customers.
Preliminary approval has been granted by the FAA for height and location of the
proposed tower. The tower operator has no FCC licensing requirements. The
individuals placing equipment on the tower may/or may not have FCC licensing
requirements. The only approval required for installation of the tower other than
the FAA is the City of Delray Beach.
Once the new tower is installed and is fully operational, and all existing
customers have been transferred from the three towers, the towers west of
Congress will be removed."
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CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the land Development
Regulations, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the
following four areas:
FUTURE lAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent with the land use
designation.
Concurrent with the conditional use request, an annexation, Future Land Use
Map amendment and rezoning of the property are being processed. The
proposed City Future Land Use Map designation is Industrial which is consistent
with the current County Industrial land use designation and the City's "advisory"
Industrial land use designation. The proposed City I (Industrial) zoning
designation is consistent with the proposed Industrial land use designation.
Within the Industrial zoning district, a "communication and transmission facility" is
.
Planning and Zoning Board Staff Report
Communication and Transmission Tower for Hardrives, Inc. - Conditional Use Approval
Page 3
allowed as a conditional use [ref. LOR Section 4.4.20(D)(3)J. Based upon the
above positive findings can be made with respect to consistency with the Future
Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The proposed tower will not have any impacts on level of service standards as
they relate to water, sewer, drainage, traffic, parks and recreations facilities, and
open space. Based upon the above, a positive finding can be made with respect
to Concurrency.
CONSISTENCY: Compliance with performance standards set forth in
Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional
Use request shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall
consistency.
A review ot the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies are noted.
SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered by the Industrial and POC (Planned Office
Center) zone districts to the north; CD (Conservation District) to the east, POC
and County CHO (Commercial High Office) to the west and County IL (Light
Industrial) to the south. The existing land uses are: to the north a vacant office
building and the Lang Management building containing industrial uses; to the
east is the Seaboard Coastline Railroad, leftover 1-95 right-ot-way and 1-95; to
the west are the existing Office Depot buildings and the existing communication
towers; and, to the south is the balance of the Hardrives operation and vacant
land.
. '
Planning and Zoning Board Staff Report
Communication and Transmission Tower for Hardrives, Inc. - Conditional Use Approval
Page 4
Compatibility with the office and industrial uses is not a concern. The existing
towers have co-existed for many years with the adjacent multiple family and
single family development to the west. This proposal calls for eliminating the
towers west of Congress Avenue and installing one 450' tower on the east side
of Congress Avenue, located further from the existing residences. Thus, the
tower should not have a detrimental effect on nor hinder development of
surrounding properties.
It is noted, however, that the existing towers are located at the center of a large
parcel with a substantial buffer of trees at the perimeter of the property. As the
average persons visual perception is generally at a lower level than the height of
the towers, the towers are hardly noticeable. As the proposed tower will be
located on a narrow parcel between two major roadways (1-95 and Congress
Avenue), in some respects the tower will be more imposing than the existing
towers. Currently, the perimeter of the subject property does not have any
significant trees other than Sabal Palms. As part of this conditional use request,
a perimeter buffer should be installed and include tall growing trees. This should
mitigate any visual impacts as well as screen the equipment stored on this site.
COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS:
The proposed use will be in compliance with the land Development
Regulations. If the Conditional Use is approved, a site plan submittal
complying with the land Development Regulations will be required. Along
with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following "Technical Items" were identified.
Exceptions to District Height Limitations:
Within the I (Industrial) zone district, the height limitation is 48 feet [ref. LOR
Section 4.3.4(K)]. Pursuant to LOR Section 4.3.4(J)(3)(a) (Free-standing
Features), the height limitation contained in LOR Section 4.3.4(K) shall not apply
to free-standing antennas, chimneys conveyors, cooling towers, flag poles, radio
towers, silos, or television towers. However, any part of any such structure, or
feature, shall not extend above the height of 64 feet unless specifically approved
by the City Commission.
The request for a 450 foot tower will enable the existing fixtures/customers which
are currently located on 3 separate towers to be located on one tower. The
proposed communication tower is a conditional use which requires approval by
the City Commission. The height of the tower is part of the conditional use
request. Thus, in conjunction with the conditional use, the Commission will be
taking action on the height of the tower.
.
Planning and Zoning Board Staff Report
Communication and Transmission Tower for Hardrives, Inc. - Conditional Use Approval
Page 5
These items will need to be addressed with the site plan modification
submittal.
1. As the western guy wire and anchor are located within 10 feet of Congress
Avenue, the guy wire must be protected by a guard rail or in some other
manner.
2. Currently, the proposed tower location is utilized for vehicle and equipment
storage. With the Site Plan submittal, details of the modified or relocated
storage area must be provided.
I::::::::I::I:::::I:::::::::I::::::::::::::::::::::::::::::::::i.::::I::i.::::::::::~:::::::::::::::1:::::::::::::::::i.i.::::::::::::I:::::::::~;:::I:::m:::H::::mi.::R::::::tt:::lli:::I:::I::::I::::::::::i.::::::::::::i.::::::::::::::;:::::::::::::i.::::::::::::::~:i:i::::::::::!:i.:::::::::~::::::::::::::~:i.:::::::::::~::1::::::::::!:i.i.::1
Federal Aviation Administration
A letter has been provided from the FAA stating that preliminary approval has
been granted for height and location of the proposed tower. If the conditional
use is approved, written verification must be provided by the FAA stating that
approval of the tower has been granted.
Tower Fixtures i.e. Microwave Dishes and Antennas
Elevations have not been provided indicating what types of antennas or dishes
will be affixed to the tower. With the site plan submittal, elevations which
indicate all fixtures that will be affixed to the tower must be provided. The Board
may want to consider limiting the number of fixtures that can be located on the
tower at this time and indicate, as a condition of approval, that any proposal to
add fixtures must be processed as a modification to the conditional use, thus
requiring review by the Planning and Zoning Board. Another option would be to
process the fixtures as a non-impacting site plan modification with any fixtures of
significant size to be reviewed by the Board.
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::::::::::~::::::::::::::::::I:::l::::l::::::::l:I:::::::::1::::::::::::1::::::::::::::1::::::::::::::::::::~:~:::::::::::::::I::::g:::!iU:::5:::~~::::::;I~::M:::~::::::I:::!:::B::::gll:::I:::::::;::::I~:::::;::::::;::::::;::::I:::::::::::::I:::::::::::I~:::;:::::::::::1::::::::::::::::::I::::~:::~:~;:::
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), DDA (Downtown Development
Authority) or the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a full site plan submittal will follow. Final
action on the site plan submittal will rest with the SPRAB (Site Plan Review and
Appearance Board). The site plan must accommodate concerns raised through
the conditional use petition, and address the listed "Technical Items".
.
Planning and Zoning Board Staff Report
Communication and Transmission Tower for Hardrives, Inc. - Conditional Use Approval
Page 6
Special Courtesy and Public Notices:
Courtesy notices were provided to the following homeowner's associations and
civic organizations:
Andover Oakmont Association
Crosswinds Pines of Delray
Crosswinds Single Family Section Pines of Delray East
Crosswinds Master Association Pines of Delray West
Eastwinds at Crosswinds Progressive Residents of Delray(PROD)
Southwinds of Crosswinds Sabal Pine Condominium East, Inc.
Foxe Chase Sabal Pine East Association
Delray Property Owners Sabal Pine South Association
Minto Builders Florida, Inc. (Spring Landing)
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. Any letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
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:::::::::~:::::ii:li[:~~::l::::m:::l:lii::~!i::::::i:::~~:~:i:l[:::[I::l:~:il::I:::~:[:I:::lM:::l9:::ll~ll:l[::~iil~::I::::g:ii[lili[@II::[I:l[:'fj::I~::I:l:I:::1:::I::i:l:l:l:l:ii:::!::i:::::li::ii~:i::ii:l::::iiiii::ii,;::l[liii:
The proposed use is consistent with the policies of the Comprehensive Plan as
well as Chapter 3 and Section 2.4.5(E)(5) of the Land Development Regulations.
The existing towers have co-existed for many years with the adjacent multiple
family and single family developments to the west. This proposal calls for
eliminating the towers west of Congress Avenue and installing one 450' tower on
the east side of Congress Avenue. Thus, the tower will be located further from
the residences and should not have any adverse impacts on the surrounding
properties. However, any proposal to add fixtures must be processed as a site
plan modification.
I::::::~:::~:::::::::::~~::;::::::::::~::::::::l:::~::~i::::::::~~::~~:::::::::t:::!::::~:::l:~:!::::::::::::::::[I::lm::m:::I:ml[::N::[I::m::J.:::I:::I!!:::::::I:::IIm:::I:~!I:~!:N::::I!:::::::::::::~:::::::::!::~~I:::::::::i:I::::i:::::::i:!:::::::::::::i:::::::::::I::i:::::::::::::::i::::::::!:1
1. Continue with direction and concurrence.
2. Recommend approval of the conditional use request to establish a
communication and transmission facility for Hardrives, Inc. based
upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
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Planning and Zoning Board Staff Report
Communication and Transmission Tower for Hardrives, Inc. - Conditional Use Approval
Page 7
3. Recommend denial of the conditional use request to establish a
communication and transmission facility for Hardrives, Inc. based
upon a failure to make positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use
Findings) of the land Development Regulations, and the policies of the
Comprehensive Plan, with the basis stated.
~::~::::::[::::;:~:::[:[:[:[[:;,[[[::[:[~:::::;,::::::::::::::1;'::::::::;';';'::::::;'::::::;'::::::::;';'::;';':::::::1:::I::;'I::l.I:;,I:::I:::I:::I::[:I;':I~~:g::::::;,::I~::g:[:I::'-::::I:ill!.!.~:::::!.~!.!.:i:::::~!.::::lj1::!.~~i.tj:i.!.~::::!.:~i.::::::::!.!.::::~::!.!.:::i:!.::::!.::::!.i.:1
Recommend to the City Commission approval of the Conditional Use request to
establish a communication and transmission facility for Hardrives, Inc.
based upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) (Conditional Use Findings) of the land Development
Regulations, and the policies of the Comprehensive Plan subject to the following
conditions:
A. Submission of a full site plan application to be processed pursuant to
Section 2.4.3 of the land Development Regulations and address the
"Technicalltems" listed in the staff report;
B. That the existing towers on the west side of Congress Avenue be
removed within 30 days of the installation of the new tower;
c. That the height of the tower be no higher than 450 feet;
D. Verification from the F.A.A. (Federal Aviation Administration) that the
location and height of the tower is acceptable and must be provided with
the site plan submittal;
E. That any proposal to add fixtures be processed as a non-impacting site
plan modification; and,
F. That a landscape buffer which includes tall growing trees be installed at
the perimeter of the property.
Attachment:
0 Sketch Plan
Report prepared by: Jeff Costello. Senior Planner
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (71.,.1
SUBJECT: AGENDA ITEM # /0 ~ - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 79-95
(SMALL SCALE FLUM AMENDMENT FOR OFFICE DEPOT)
DATE: DECEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 79-95
which changes the Future Land Use Map designation from Open Space
to Transitional for a portion of the Lakeside at Centre Delray
office development (Office Depot). The subject property is located
on the south side of Germantown Road, between S.W. 22nd Avenue and
Congress Avenue. It contains 3.01 acres.
The affected property currently contains the drainage retention
area for the overall site. The amendment is being processed to
allow installation of additional parking for the surrounding and
proposed office building developments. The drainage function will
be accommodated via the installation of exfiltration trenches and
direct outfall to the C-37 Canal located south of the parcel.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that it
be approved. At first reading on November 21, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 79-95 on second and final
reading, based on positive findings with respect to Chapter 3 of
the Land Development Regulations and policies of the Comprehensive
Plan.
Pa~{lf. S-O
ref:agmemo22
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ORDINANCE NO. 79-95 i
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
I
DELRA Y BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A 3.01 I
I
ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE I
DEPOT) , AS MORE PARTICULARLY DESCRIBED HEREIN, FROM I
OPEN SPACE TO TRANSITIONALj ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE MAP AMENDMENTSj PROVIDING A GENERAL REPEALER I
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 Open Spacej and
WHEREAS, on November 20, 1995, the Planning and Zoning Board I
for the City of Delray Beach, as Local Planning Agency, considered I
this matter at public hearing and voted 6 to 0 to recommend that the I
FLUM designation be changed from Open Space to Transitional, based
upon positive findingsj and I
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the FLUM designation of
Transitional. I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE i
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ,
I
Section 1. That the legal description of the subject I
property is as follows: I
I
A parcel of land lying in Section 30, Township 46 I
I
South, Range 43 East, Palm Beach County, Florida, and I
being a portion of the Plat of Lakeside at Centre !
Delray, as recorded in Plat Book 50, Page 195, Public
Records of Palm Beach County, Florida, more ,
I
particularly described as follows: 1
Beginning at the Southwest corner of said Plat of
Lakeside at Centre DelraYj thence North 00 degrees
24'16" West along the West line of said plat (the
west line of said plat is assumed to bear North 00
degrees 24'16" West and all other bearings stated
herein are relative thereto) a distance of 444.76
feet to a point of intersection with the East-West
Quarter Section line of said Section 30; thence North
01 degree 04'54" West along said plat line a distance
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of 409.68 feet; thence North 89 degrees 06'13" East a I
distance of 165.55 feet to a point on the common line I
of said Plat of Lakeside at Centre Delray and the
Plat of The Terraces at Centre Delray, as recorded in I
Plat Book 45, Page 49, Public Records of Palm Beach
County, Florida; thence South 01 degree 07'36" East
along said common plat line a distance of 409.50 feet
to a point of intersection with said East-West
Quarter Section line; thence South 01 degree 11' 1511
East continuing along said common plat line a
distance of 306.71 feet; thence South 50 degrees
11'51" West along the South line of said Plat of
Lakeside at Centre Delray a distance of 220.06 feet
to the Point of Beginning.
The subject property is located on the south side of
Germantown Road between S.W. 22nd Avenue and Congress I
Avenue; containing 3.01 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 Open I
Space to Transitional.
I
Section 3. That the City of Delray Beach elects to make I
this small scale amendment by having only an adoption hearing, I
pursuant to Florida Statutes Section 163.3187(1)(c)4. ,
I
Section 4. That all ordinances or parts of ordinances in i
I
conflict herewith be, and the same are hereby repealed. I
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
- 2 - Ord. No. 79-95
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effective by adoption of a resolution affirming its effective status, I
a copy of which resolution shall be sent to the Department of I
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final I
reading on this the 5th day of December , 1995. I
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ATTEST:
()!JMn'1lt-c~ 4* I
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City C erk
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November 21, 1995 I
First Reading
Second Reading December 5, 1995
I
I
- 3 - Ord. No. 79-95
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N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS
- A. - OffiCE DEPOT PARCEL S.- HARDRrvrS WEST C. - HARDRrvrS ooT
rROM OPEN SPACE f"ROM COUNTY INDUSTRlAI. 'ROM COUNTY INDUSTRIAL
PLANHlHC DEPARTW[NT TO TRANSITIONAL TO CITY TRANSITIONAL TO CITY INOUSTRIAL &
ON ~ DELRAV lEACH. n PROPOSro SITE or RELOCATED
COMMUNICATION TOWER
- - 0iCITAJ. 8ASC ItIAP SYSTEM --
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CITY COMMISSION DOCUMENTATION
TO: DAV~EN' CITY MANAGER
'. ~U~~
THRU: DIA D I GUEZ DI ECTOR
DEPARTMENT OF PLAN ING AND ZONING
~ [)~1 r
FROM: PAUL DORLlNG, P~CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM
OPEN SPACE TO TRANSITIONAL FOR 3.01 ACRES LOCATED
ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWEEN
SW 22ND A VENUE AND CONGRESS A VENUE.
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 Open
Space to Transitional for a portion of the Lakeside at Centre Delray Office
development.
The subject property is located on the south side of Germantown Road between
SW 22nd Avenue and Congress Avenue.
BACKGROUND:
The proposal is to change the Future Land Use Map designation for the 3.01
acre parcel from "Open Space" to "Transitional". The FLUM amendment
involves a portion of the Lakeside at Centre Delray office development which
contains the drainage retention area for the overall site. The amendment is
being processed to allow installation of additional parking for the surrounding
and proposed office building developments. The current drainage function will
be accommodated via the installation of exfiltration trenches and direct outfall to
the C- 37 canal located south of the parcel. For additional background and
analysis, see attached staff report.
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PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at its November 20, 1995
regular meeting. As the Board's recommendation is not available with the writing
of this report the recommendation will be presented at the City Commission
meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the Small-Scale Future Land Use Map
amendment from Open Space to Transitional based upon positive findings with
respect to Chapter 3 of the Land Development Regulations, and policies of the
Comprehensive Plan.
Attachments:
P&Z Staff Report
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---81 AFF REPORT ---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.l.
ITEM: Small scale FLUM amendment from Open Space to Transitional for a
3.01 acre portion of Lakeside at Centre Delray (Office Depot), located
on the south side of Germantown Road west of Congress Avenue.
GENERAL DATA:
Owner............................................ Office Depot, Inc.
ApplicantlAgent............................. Jeff Lis
location................................ ......... On the south side of Germantown
Road, west of Congress Avenue.
Property Size................................. 3.01 Acres
Existing Future land Use Map...... Open Space
Proposed Future Land Use Map... Transitional
Current Zoning............................... POC (Planned Office Center)
Adjacent Zoning................... North: POC
East: POC
South: AR (Agricultural Residential) -
PSC
West: RM (Medium Density Residential)
Existing land Use.......................... Existing retention area associated
with an existing office complex.
Proposed land Use....................... FlUM amendment to
accommodate additional parking.
Water Service................................ Existing on site:
Sewer Service............................... Existing on site.
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The item before the Board is that of making a recommendation on
a privately initiated Small Scale Future Land Use Map Amendment
from Open Space to Transitional.
The subject property is located on the south side of Germantown
Road between SW 22nd Avenue and Congress Avenue.
I!j:::::::~~::::;::::::::::::::::::;::::\:::::::j:;::::j::::::::;:j~:\::~::::,\:::::::;:::::::::::::::;:::::::::;::::::::::::::::::::::::'::~:::::::::::::::I:::I:::I:::I:~I':::I':I'::I,::I::':I,:,:::::::::::::::::~:::;':::::::::::::::::::::::::;::::::::::::::::::::::::::I:::::::::::::::::::\\;:::l:\:::\:::::::~::::::::::::::::::::::::::::,:,::~::':::I
The Small Scale Future Land Use Plan amendment involves 3.01 acres of the
Lakeside at Centre Delray office development which occupies 12.24 acres. On
January 24, 1994 via Ordinance 91-83 the 12.24 acre property was annexed,
given a land use designation of PRD-10, SAD zoning, conditional use and site
plan approval for two office buildings totaling 150,000 sq.ft. In March of 1985 the
Lakeside at Centre Delray final plat was approved by City Commission.
On January 21, 1985 a minor site plan modification was approved by Planning
and Zoning Board which combined the building square footage into one building
and modified the parking lot layout. It is noted that this modification created the
water retention area which is now the subject of this amendment. In 1985/86 the
building and associated parking were constructed.
With the adoption of the Future Land Use Map in 1989 the parcel was given
Transitional (9.23 acres) and Medium Density (3.01 acres - subject parcel) land
use designations. On November 20,1990 as part of Land Use Plan Amendment
90-1 the Future Land Use Map designation for the subject parcel (3.01 acres)
was changed from Medium Density to Open Space. In October, 1990 with the
Citywide rezonings associated with the adoption of the LOR's the entire 12.24
acres was given a POC (Planned Office Center) zoning designation.
I:::::t::::;:::::::::::;:':::::::::::::::::,::~:::,::::,::::;::'::::::::::::::::::::::,::':':::,::'i:::':::::I::I:::I'::I::':I,I'I:,:',:,::~',':i,;I":I:'::R::J'::1::;1::':::1'::1',:::::::::::::::::::::::::::::::::::::::.i:::::::::::::::':i::::::I::::::::::::::::::::1:::':::::::::'::::'::::1
The proposal is to change the Future Land Use Map designation for the 3.01
acre parcel from "Open Space " to "Transitional". The FLUM amendment
involves a portion of the Lakeside at Centre Delray office development which
contains the drainage retention area for the overall site. The amendment is
being processed to allow installation of additional parking for the surrounding
and proposed office building developments. The current drainage function will
be accommodated via the installation of exfiltration trenches and direct outfall to
the C- 37 canal located south of the parcel.
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Paz Staff Report
FLUM Amendment for Office Depot
Page 2
1::m::::::;::::::::::::::::::'::::::::::::::J.;:::I:::1:::1:,::::::::1::1,::1::::::,:::1:::1:,1:::::,::::1::'1:::;:::1:':1'::1::::1:::1]'=;:::::::::1[1::1:::;::1::1:::'=:::1:'::::::::::":::::::::::::::::::::::,::::,:'::::1
This Future land Use Map Amendment is being processed as a Small Scale
Amendment 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:
Cl 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;
[J The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
[J The proposed amendment does not involve the same property owner's
property within 200 feet of property granted a change within a period of 12
months.
The land use map amendment involves a 3.01 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. This amendment
along with other small scale amendments processed this year will not exceed 60
acres (to date a total of 17.44 acres have been processed as small scale
amendments). This property has not previously been considered for a land use
amendment nor have any of the same property owner's properties been granted
a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were found.
land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
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P&Z Staff Report
FLUM Amendment for Office Depot
Page 3
Currently the subject property has a Future Land Use Map designation of "Open
Space" and a zoning designation of POC (Planned Office Center).
Comprehensive Plan amendment 90-1 changed the FLUM designation on this
parcel from Medium Density to Open Space. This parcel was included with 22
others which were cited as having discrepancies between the FLUM map and
the current uses which were discovered with the preparation of the zoning map.
This particular parcel was noted as a dry retention area created as part of the
Lakeside at Centre Delray Condominiums. The amendment indicated that
rezonings to RM, in part, and OS in part would follow the FLUM amendment.
Given the above it would appear that in 1990 there was some confusion with
respect to the parcel's relationship with adjacent residential development. As
the parcel is clearly part of the office development to the north the current FLUM
designation appears to have been applied in error.
The current land use designation of Open Space is inconsistent with the POC
zoning district. As the POC zone district reflects the current use (office
development) of the parcel it appears appropriate to change the Future Land
Use Map designation to a designation consistent with POCo The proposed
Transitional land use designation is consistent with the current zoning
designation and the existing use. Pursuant to the LDR Section 4.4.15 (B), within
the POC zone district, professional office uses and there associated parking is
allowed as permitted uses. Based upon the above, a positive finding can be
made with respect to consistency of the proposed Future Land Use Map
designation and the existing POC zoning district.
Land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional Land Use designation is applied to land which is to be developed for
either residential or non residential uses. The designation provides for uses
which are not as intense as general commercial in areas where residential use is
not desirable and/ or appropriate.
The adjacent property to the north has a Transitional Land Use designation, is
zoned Planned Office Center and contains office uses. To the south the site is
bordered by the Hardrives parcel which is currently vacant and being annexed
with a Transitional land use and Planned Office Center zoning designation . To
the east the site is bordered by office development with Transitional land use
and Planned Office Center zoning designations. To the west the site is
bordered by residential uses (Environment condominiums) having a Medium
Density Future Land Use Map and a RM residential zoning designation.
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P&Z Staff Report
FLUM Amendment for Office Depot
Page 4
Compatibility with the adjacent office uses to the north, east and south is not a
concern. Compatibility with residential uses to the west is of some concern and
will require additional buffering with the development of the site. This buffering
may include a combination of buffering mechanisms which include installation of
a wall and/or heavy buffering with trees and hedges. With the addition of
adequate buffering a finding that the proposed land use map amendment to
Transitional is consistent with the surrounding land use designations and existing
uses 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.
As the amendment is being processed to accommodate additional parking it
does not represent an intensification of use. However, the proposed parking will
eliminate a existing dry retention area which currently drains the balance of the
site (9.23 acres). The applicant has indicated that drainage will be
accommodated through the installation of additional exfiltration trenches and a
direct outfall to the C-37 canal located to the south of the Hardrives parcel.
With submittal of plans for future improvements concurrency findings with
respect to drainage will be required.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The initial zoning will accommodate future development of the site with parking
for office uses. The associated site development plan must meet all of the
requirements of the Land Development Regulations or receive appropriate relief.
A full site plan submittal is anticipated in the near future.
li::i:::::i::::]i:j:i:i:ii:::::i\:i:i]:],:']]\::,iii\i:i::::::~\i\:::::i:::::::::n:::::'i::i::\::j:'\':::ii::::'::~::i::::i::::i:::S:I:M:l::i::Il'':'::Jli:I:::::::I:'i:~[1:::I:\:I::'I::\:::i:::::~:i:i:i:::\:::::\:::\::i::ii:::::::::::]::\:::i~:::::::::::i:::::\:::::i;:j::i:::::::i\:::::::::::::i:::,:;::::::)':::),1
This proposal is not in the geographical area which requires review by the
Downtown Development Authority, Community Redevelopment Agency, or the
Historic Preservation Board.
Actiacent Municipality Notice
Pursuant to the Intergovernmental Coordination Element of the City's
Comprehensive Plan notice of the development proposal has been provided to
the City of Boca Raton and Palm Beach County Planning Department. To date
no objections have been received.
,
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P&Z Staff Report
FLUM Amendment for Office Depot
Page 5
Public Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Letters of objection and support, if any I will be presented
at the Planning and Zoning Board meeting.
I\~:\~:'[::\::!::n:::::::::::;:::~:::::::::~:[:]:[!I:::I:::::I:~I:::I:::I:::I!:'I'~:I:::li,::I:~:I;::OO:i.:::::::I::':I:::I:'~::!:I:::I:::I::~g:;I:::I:i.I:::Ii.I;[:1:;I::::~\:;\i.:f~I~*i.i.::::::::::i.:::\::::i.:~:::::::~::::::::1
The Future Land Use Map Amendment from Open Space to Transitional is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. The existing land use designation appears to
have been applied in error and is inconsistent with the current zoning of POCo
The proposed Future Land Use Map amendment to Transitional is consistent
with the proposed use of the property as well as the existing POC zoning
designation. Compatibility concerns are noted with respect to the residential
uses to the west and will need to be mitigated with the site development plan.
I:::::I!~:::::::::::::::~:~::::::::::::,~:':~:::~~:~::::::~::~,~:::~:::::::::~::::::::::::::::::::::::::::I:':I;'m,'I~I,i.N'I:J]:::":~I:,:i::,:::'~:I':.I::J]:::,,:::I:::N':::I::':::::::::::::::~:::~::::::::::::::::::;:~:~::::::::::::::::::::;::::::::::::::::~::::::::::::::::::~~:::~::::,':':::I
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
Open Space to Transitional based upon positive findings with respect to
Chapter 3 of the Land Development Regulations, and policies of the
Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment from Open
Space to Transitional with reasons stated.
I:::::::;:::::::::i.:::::::::~:~:::::::::::::::::::;:::::~::::::~~:::::::~:~:~::::::'::::::::::::::::::::::::1::m::I:::I:::E:::~,:::~::I:::I::I::I'::I:::I::::I::1:,::g::I:::J]::[I:::I::;I:::::::::~::::::::::::[!::::::::i~:::![:[:[:[I:::::::::::::!;:::::::::::~:::::::::::::::::::::::~::::::::::I
Recommend to the City Commission approval of the Small-Scale Future
Land Use Map amendment from Open Space to Transitional based upon
positive findings with respect to Chapter 3 of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachment:
[J Location Map
This Staff Report prepared by: Paul Dorling. Principal Planner
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N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS
- A. - Of'f'lCE DEPOT PARCEL 8. - HARDRIVES WEST C.- HARDRIVES fAST
f'ROM OPEN SPACE FROM COUNTY INDUSTRIAl FROM COUNTY INDUSTRIAl
~c llEPAR1W[Nl TO TRANSITIONAl TO CITY TRANSITIONAl TO CITY INDUSTRIAl 4t.
CITY at DELRAY .ACti. Fl PROPOSED SITE OF RELOCATED
CC>AlIJUNIC,ATlON TOWER
-- DlC/TAL sue MAP SYSTeM --
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # If} G - MEETING OF DECEMBER 5. 1995
SECOND PUBLIC HEARING & SECOND READING FOR ORDINANCE NO.
67-95 (BEACH CABANA CONCESSIONS)
DATE: NOVEMBER 27, 1995
This is second reading and the second of two required public
hearings for Ordinance No. 67-95 which amends Section 4.4.22{C) of
the Land Development Regulations by adding "Beach cabana
concessions, under contract with the City, limited to the rental of
chairs, umbrellas, cabanas, and boogie boards" as an accessory use
in the Open Space (OS) zoning district.
The Planning and Zoning Board considered this item on November 13,
1995, with the majority of comments having to do with the
definition of "flotation device". After discussion, the Board
voted 6 to 1 to recommend approval, subject to a specific
definition of "flotation devicell. The Board further recommended
against allowing a portable shelter for the concession. At first
reading on November 21st, the Commission amended the ordinance by
changing the term IIflotation devicesll to the more specific "boogie
boards", and by deleting the proposed wording which would have
allowed the portable storage shelter for the beach cabana
concession. The revised ordinance was passed by a vote of 5 to O.
This modification to the OS zoning district is necessary for the
Land Development Regulations to be consistent with the amended
Coastal Management Element objectives and policies proposed for
adoption as part of Comprehensive Plan Amendment 95-2. The
text of the Coastal Element has been revised in accordance with
Commission I s direction to delete the portable structure for the
beach concession.
I suggested late in the meeting that an alternative might be to
allow the concessionaire to build a duplicate of a lifeguard
shelter at ground level and give it to the City as a permanent
facility for the cabana concession. Life guard shelters are six
feet square. It would be adequate for shelter from the sun and
securi ty. I feel that the smaller facility (six feet square vs.
ten feet square) and having it owned by the City and identical to
the lifeguard stands is a reasonable compromise between the
competing interests on this issue.
Recommend consideration of Ordinance No. 67-95 on second and final
reading.
ref: agmemo6 p~ .s -0 .J wJ::h . ~ ~ &
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ORDINANCE NO. 67-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22,
"OPEN SPACE (OS) DISTRICT", SUBSECTION 4.4.22(C),
: "ACCESSORY USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ADDING "A BEACH CABANA CONCESSION, UNDER CONTRACT
WITH THE CITY, LIMITED TO THE RENTAL OF CHAIRS,
UMBRELLAS, CABANAS, AND BOOGIE BOARDS" , AS AN
ACCESSORY USEi PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1. 1.6, the Planning and
Zoning Board reviewed the subject matter at a special meeting on
, November 13, 1995, and voted 6 to 1 to forward the change with a
recommendation of approvali 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
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS)
District", Subsection 4.4.22(C), "Accessory Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots
(2) Restrooms, rest areas, picnic facilities
q (3) Interpretative trails, jogging and exerc'ise
i courses
(4) Lifeguard stands, headquarters and necessary I
support facilities
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(5 ) Maintenance facilities I
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(6 ) Boat ramps I
ill A beach cabana concession. under contract with the I
City. limited to the rental of chairs. umbrellas. cabanas. and boogie I
boards.
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
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
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Section 4. That this ordinance shall become effective I
immediately upon passage on second and final reading. I
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PASSED AND ADOPTED in regular session on second and final I
reading on this the 5th day of December , 1995. I
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ATTEST:
fJJjjnn~fl~Jt~m I/r;* I
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City C erk
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First Reading November 21, 1995 I
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Second Reading December 5, 1995 I
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- 2 - Ord. No. 67-95
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIAN~G~iFiE~OR
DEPARTMENT OF PLANNING AND ZONING
FROM: JOHN WALKER, PROJECT COO'RDINATOyL )t~
SUBJECT: MEETING OF NOVEMBER 21,1995
AMENDMENT TO LAND DEVELOPMENT REGULATIONS,
SECTION 4.4.22, OPEN SPACE (OS) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
amendments to LOR Section 4.4.22, regarding beach use restrictions.
BACKGROUND:
As part of Comprehensive Plan Amendment 95-2, modifications were proposed
to various objectives and policies in the Coastal Management Element to clarify
the City's direction. As a result, the policies concerning beach uses in the
Comprehensive Plan were proposed to allow the beach cabana concession,
under contract to the City, with an appropriate shelter.
This direction relative to the uses allowed on the beach should be clearly
reflected in the Land Development Regulations (LOR). The beach is zoned OS
(Open Space), therefore, this zoning district was assessed for consistency with
the amended Comprehensive Plan. Modifications are proposed to the LOR's to
reflect the amendments to the Comprehensive Plan. The proposed
modifications are detailed in the Planning and Zoning Board Memorandum Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of November
13, 1995. The following testimony was received:
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City Commission Documentation
Amendment to Land Development Regulations - Section 4.4.22
Page 2
Sandra Almy expressed concern about the definition of the term "flotation
devices". She felt the term should be more specific to limit its application.
Kathy Stokes directed attention to the recommended language in her letter
(attached) relative to the definition of flotation devices.
Helen Coopersmith recommended a specific definition for flotation device.
Harvey Brown opposed allowing the concession to rent flotation devices at this
time.
The Board directed staff to further define flotation device. After discussion, the
Board voted (6-1) to recommend the amendment of Section 4.4.22 as follows:
4.4.22(C)(7) Beach cabana concession. under contract with the City. limited to
the rental of chairs. umbrellas. cabanas. and flotation devices.
The recommendation was made subject to a specific definition of "flotation
devices" . That definition will be provided to the City Commission at the
November 21st meeting.
RECOMMENDED ACTION:
0 By motion, approve the amendment of Land Development
Regulation Section 4.4.22 as recommended by the Planning and
Zoning Board.
Attachments:
* P&Z Board Memorandum Staff Report of 11/13/95
S:\ADV\BCHLDR3
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TO: P&Z Board
FROM: Kathy Stokes (1220 Southways)
DATE: November 13, 1995
RE: Item A. Comprehensive Plan Amendment 95-2 (Policies B-3.3 and C-1O.1)
Item C. LDRs to Add "Beach Cabana Concession"
1. Permitted beach concessions (Policy B-3.3) should be limited to the traditional beach
cabana service.
I believe that the language in the current proposal is too broad to implement the City's objective
to grandfather in the traditional beach cabana service. The proposed amendment to Policy B-3.3
prohibits sales of food, beverages and sundries but allows "certain limited recreational amenities
for beach visitors." The proposal goes on to provide that concessions [note the plural] may be
allowed, and services may include [but are not limited to] the rental of chairs, umbrellas,
cabanas and flotation devices.
The change in policy should be tied directly to the traditional Municipal Beach cabana service
which dates back to the 1940' s since there is no doubt that this recreational amenity contributes
to the enjoyment of the beach and promotes Delray's Village-by-the-Sea atmosphere. However,
the potential for "certain other limited recreation amenities for beach visitors" is nothing but a
Pandora's box.
This vague language will allow business interests now and in the future to pressure the City
Commission to approve concessions which could all arguably provided certain limited
recreational amenities for visitors. For example, other companies might seek contracts with the
city to provide additional cabana services spaced along the entire Municipal Beach. Other
proposals for "permitted" services could also include towel rentals; kayak, surfboard, hobie cats
and jetski rentals; kite sales; and sports equipment rental including roller blades (since the
"beach" includes the sidewalk).
To prevent the various issues outlined above from arising, the following language is proposed
for Policy B- 3.3:
The high quality of the Municipal Beach shall be retained through current use restriction
programs. Efforts to provide concessions in the beach area shall be discouraged, and
requests for such on the beach shall be denied. However. based on a Municipal Beach
tradition dating from the 1940's. a single concession under contract with the City may
be allowed to permit the rental of lounges or chairs. umbrellas and cabanas. Cooking
on the beach shall be prohibited. Litter law enforcement shall be strictly enforced except
for publicly endorsed events.
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2. The cabana services should be limited to the traditional offerings of beach chairs,
umbrellas and cabanas, and the term "flotation devices" stricken from Policy B-3.3
(see above) and the LDR.
Historically, the cabana service has only offered beach chairs, umbrellas and cabanas. In fact,
the current contract does not include flotation devices. Consequently, it is not appropriate to
include flotation devices in the policy statement and the LDR. Even if some rationale arises for
including flotation devices in the cabana service, such a change should only be made if these
flotation are more fully described in the policy statement and the LDR (e.g., "flotation devices
such as inflatable tubes but excluding surfboards, boats (such as kayaks or hobie cats), sail
boards or any other similar devices).
Consequently, the following language is proposed for Section 4.4.22(C)(7) of the City's LDRs:
Beach cabana concession, under contract with the City, limited to the rental of lounges
or chairs, umbrellas and cabanas.
3. "Cabana concession p0l1able sheltel'" should be deleted from Policy C-IO.I, and
LDR Section 4.4.22(C)(8) should be deleted in its entirety.
The proposed Comp Plan amendment to add "cabana concession portable shelter" to the original
list of exceptions for high-hazard area construction opens the door for all kinds of interpretation.
What is it we are proposing to allow?
Support Document #3 submitted by the City to the DCA states that "the company operating the
beach cabana concession [wants] to construct a 10' x 10' storage shed for their operation..."
(which sounds like a "Ted Shed "). However, a P&Z staff member recently described the
structure as a place for employees to be out of the sun and have a location where customers can
easily spot them (whIch sounds like a concession stand). The drawing from the company's
original request from this past Spring looks like a concession stand with a door and three or four
windows whose coverings appear to raise up as awnings.
For a company that's in the umbrella business, there is no need for a "storage shelter" to
provide shade for its employees. Also, it is the type of business that demands constant
monitoring. One wonders too why a structure is required now since for years John's Cabana
Service would pull a pick-up truck into one of the parking spaces at the beach and load the
chairs at the end of the day.
The proposed LDR for the structure is spot zoning at its worst. Here is an LDR providing for
a structure which has no size requirements (no maximum square footage is given in the LDR); ,
no location requirements (any where in OS zoning that is beach-related, including Atlantic Park
at the south end of the beach); no signage restrictions; no requirements regarding "portable"
(Le., references to the City code on portable structures that are anchored); and removal
requirements for hurricane warnings. This building is such an extraordinary exception that the
source of many of the zoning require!'lents for this building will have to be incorporated into
the City contract.
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BEACH PROPERTY OWNERS' ASSOCIATION INC.
P.O. Box 375
Delray Beach, FL 33444
~ November 10, 1995
Beach Property Owner's Association response to Item #3 on Planning
and Zoning Board of Delray Beach:
t~ Amendment to Add Beach Cabana Concession as an accessory use
in the Open Space Zoning District.
Some six months ago the De1ray Beach City Commission was con-
sidering possible sites for Beach Patrol Headquarters. One of the
four possibilities was to build headquarters on the beach, where it
simply made sense to have beach support on site. Of course, this
option was rejected immediately because it did not conform with the
spirit of De1ray Beach City objectives for protecting the uniquely
pristine nature of our beach. Now we are being asked to accept the
placement of a permanent structure on the beach so that a conces-
sionnaire can "store equipment and keep necessary items to run the
business" to quote the March 15, 1995 application.
The Board of Trustees of the Delray Beach Property Owners'
Association met recently and unanimously voiced their objections to
the placement of such a structure. At very best the Beach Property
Owners' Association feels that this structure will set a precedent
that might lead to other structures. Why not a storage shed for the
beach cleaning vehicles, why not a maintenance shed for the repair of
lifeguard equipment? Why not a shop area where people can buy suntan
lotion, towels, food or flotation devices?
The greatest objection voiced was the commercialization of the
beach. The City of De1ray Beach Cabana and Beach Equipment Contract
in no place specifies a beach structure for the storage and mainte-
nance of such necessary equipment. What it describes, is a conces-
sion for the rental of beach umbrellas, beach chairs, cabanas and
similar equipment. Today we are told in the support document that
this concession is under contract to provide services to beach visi-
tors, including the rental of chairs, umbrellas, cabanas and flotation
devices. We are concerned with this wording, because it expands the
services of this vendor. This creeping expansion underscores our
concern.
For the good of the beach, our most valuable economic resource,
let us maintain its' pristine qua1~ty. To build this structure
serves no need but the needs of the vendor, and that is not nearly
compelling enough. '
Sincerely,
~~~
" Board of Trustees
Beach Property Owners' Association ~
J~CCIERWIEJD)
~'r\' 13 'CIC)5
PlANNING & ZONING
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR LDR AMENDMENTS
MEETING DATE: Special Meeting of November 13, 1995
AGENDA ITEM: II.C.
SUBJECT: Beach Use Restrictions
LDR REFERENCE: Section 4.4.22
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission on a proposed modification to the City's Land Development Regulations
(LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation
is obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the
proposed amendment with respect to its relationship to the adopted Comprehensive
Plan of the City.
BACKGROUND:
The City Commission, at its meeting of April 18, 1995, considered an appeal of the
Site Plan Review and Appearance Board's approval of a structure for the beach
cabana concession which is under contract with the City. The concessionaire had
proposed the construction of a storage shed for their operation. The structure could
not be allowed under the present LDR. As a result of that consideration, the structure
was denied, but staff was directed to address the issue of appropriate uses on the
beach as part of a Comprehensive Plan Amendment.
As part of Comprehensive Plan Amendment 95-2, the purpose and intent of the City
as relates to beach uses was addressed. Modifications were made to various
objectives and policies in the Coastal Management Element to clarify the City's
direction (see attachment "A"). As a result, the direction concerning beach uses in the
Comprehensive Plan allows limited beach concessions, under contract to the City,
with an appropriate storage shelter.
This direction relative to the uses allowed on the beach should be clearly reflected in
the Land Development Regulations (LOR). The beach is zoned OS (Open Space),
therefore, this zoning district was assessed for consistency with the amended
Comprehensive Plan.
II.C.
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P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.22 - Beach Use Restrictions
Page 2
Currently, principal uses in the OS district include passive parks, water bodies, excess
property along rights of way, drainage retention areas, and the beach. Accessory
uses and structures include the support facilities expected with the principal uses.
These include parking lots, restrooms, trails, lifeguard stands, and maintenance
facilities.
PROPOSED AMENDMENT:
Section 4.4.22(C) Accessory Uses and Structures Allowed
4.4.22(C)(7) Beach cabana concession. under contract with the City. limited to the
rental of chairs. umbrellas. cabanas. and floatation devices.
4.4.22(C)(8) Portable storage shelter for the beach cabana concession. under
contract with the City.
ANAL YSIS:
Presently, the LDR is silent regarding the issue of beach concessions. The City has
long sponsored a concession which rents lounges, cabanas and flotation devices.
The concessionaire has for a number of years utilized a storage container for
equipment. To that extent, the concession use has been considered grandfathered.
The proposed amendment includes all of the Comprehensive Plan direction
concerning beach uses in the OS zoning district requirements by adding limited beach
concessions and attendant structures to the Accessory Use section.
AL TERNA TIVE ACTIONS:
1. Continue with direction.
2. Recommend approval based upon a finding that the proposed modification
a) is consistent with and furthers the Comprehensive Plan.
3. Recommend denial with basis stated.
RECOMMENDED ACTION:
By motion:
Recommend approval, based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
Attachment
S:\adv\bchldr1
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ATTACHMENT "A"
AMENDMENTS TO THE COASTAL MANAGEMENT ELEMENT
Objective B-3:
Recognizing that "tourism" is a mainstay of the City's economic base and that the
"beach area" is the focal point of that tourism, the City shall enhance its standing in
the competition for that part of the tourist industry which has disposable income to be
spent while on vacation. The City shall protect the beach as an economic resource by
continuing to provide a valuable amenity for beach users. including reasonable
support facilities. without jeopardizing the essentially passive character of the beach
and its value as a natural resource. This objective shall be achieved through activities
as expressed in the following policies.
Policy B-3.3: The high quality of the Municipal Beach shall be retained through
current use restriction programs. Efforts to provide conoessions in the beach area
shall bo discouragod, :md requests for suoh on the beach shall be denied.
Concessions which jeopardize the essentially passive character of the beach shall be
prohibited. These include. but are not limited to. sales of food. beverages and
sundries. Concessions. under contract with the City. may be allowed to provide
certain limited recreational amenities for beach visitors. The services provided may
include the rental Qf chairs. umbrellas. cabanas. and flotation devices. Cooking on the
beach shall be prohibited and litter law enforcement shall be strictly enforced except
for publicly endorsed events.
OQjective C-7:
Shoreline uses shall only be for beach purposes. Beach purposes include, but are not
limited to, normal beach recreation, lifeguard towers, access facilities, dune and beach
restoration, and beach cleaning and maintenance. (b3)
Policy C-7.1: The highest priority for shoreline use in the City of Delray Beach shall be
for beach purposes which shall include recreation and conservation. There shall be
no commercial development nor water-dependent development (except the beach) or
water-related uses. except those permitted pursuant to Policy B-3.3. along the
shoreline which abuts the beach. Residential development shall not exceed a height
greater than 48', except as provided in Policy C-3.7, from the elevation of the crown of
Highway A-1-A and shall be constructed in accordance with the City's Coastal
Protection Ordinance. (c8) [LOR Section 4.5.5(0)]
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Policy C-10.1: There shall be no private nor public construction in the coastal high-
hazard area except for lifeguard towers, cabana concession portable shelter,
restrooms, beautification and beach and dune restoration programs. (c7)
Page 2
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f?f
SUBJECT: AGENDA ITEM it 10. H '- MEETING OF DECEMBER 5. 1995
SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO.
72-95 (AMENDING GENERAL COMMERCIAL ZONING DISTRICT FOR
THE WEST ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#72-95) amends the
General Commercial zoning district as it applies to the area north
and south of Atlantic Avenue. The proposed West Atlantic Avenue
Overlay District and the associated text amendments establish
limitations on intensity, permitted uses, scale and site design
that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district as required by the plan.
Because this ordinance changes the list of allowable uses within
the district, two public hearings are required pursuant to F.S.
Chapter 166. The other four ordinances amend various provisions
pertaining to development standards and, therefore, require only
one public hearing.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the City
Commission passed the ordinance unanimously, with the stipulation
that the provision relating to employment agencies be removed from
the list of prohibited uses and that language be added under
special regulations to prohibit such agencies in parcels fronting
on Atlantic Avenue. These changes have been made.
Recommend approval of Ordinance No. 72-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2).
ref:agmemo16 /Cv:wd.- 5-0
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ORDINANCE NO. 72-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,
II GENERAL COMMERCIAL (GC) DISTRICTII , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY INCORPORATING USE RESTRICTIONS AND DEVELOPMENT
STANDARDS TO BE APPLIED IN THE WEST ATLANTIC AVENUE
OVERLAY DISTRICT; 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a !
recommendation of approval; 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", Article
4.4, IIBase Zoning Districtll, Section 4.4.9, IIGeneral Commercial (GC)
Districtll, of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District: ,
i
,
(A) Purpose and Intent: The General Commercial (GC)
District provides basic regulations for small parcels which are best
suited for general retail and office uses but which are not of
sufficient size to be designed in a planned sense. The GC designation !
is applied to small parcels, most of which are developed, where
adherence to standard regulations is most appropriate. The GC
designation is to be applied primarily along arterial and collector
streets. Uses may be conducted singularly or in combination within
the same structure.
I
(B) Principal Uses and Structures Permitted: The following
typ~_/~~/~_~ are allowed within the GC District as _ permitted use~
except as prohibited in the West Atlantic Avenue Overlay District by
Section 4.4.9(G)(1)(a):
.
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~~...~. ..-..._~._-,.... .....,.~..~ _.~~ _""..."_.'_H""_''''-.'''''' .._. _, ... _.~ _<", ,_-. '_~"...~~.K_',__ .-.'......,..... ._" _ ...--.....'__ .~_ . ,~,,'-- ---,,~ -~....~'-~". ~--~""',-'-'--.. ~~-- - - ~ _. .~~ ',. <---..
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( 1 ) General retail uses including, but not limited to: i
* Antiques, arts and crafts, automotive parts, i
baked good s , books, carpet and floor
covering, cheeses, beer, wine, liquor,
confectionaries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions,
electrical fixtures and supplies, fabrics,
fish, flowers and plants, fruits and
vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home
furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical
equipment, music and musical instruments,
nautical supplies, office furni~ure equipment
and supplies, pets and pet supplies,
photographic equipment and supplies, sewing
supplies, sporting goods, toys, wearing
apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2 ) Business and Professional uses including, but not
limited to:
* Interior decorating, medical and dental
clinics, medical and dental laboratories,
photographic studios, printing and
publishing, professional offices.
I
(3 ) Contractor's Offices including, but not limited I
to:
* Air conditioning, general contractor,
electrical, painting, and plumbing; however,
any outside storage of materials is
prohibited. !
(4 ) Services and Facilities including, but not limited
to: ,
~
* Auctions, barber and beauty shops and salons, ,
,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
financing (e.g. banks and similar
institutions including drive-through
- 2 - Ord. No. 72-95
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.. ._. ^. _. "~,._" -'--. -. _ ____r..............._ .---..-,.
--' - - ..*'-.. .._.-._--"._...._~.- .-..~. ..~., ...-'..-." .. ~.- .._._._.~..._.~ -,,~..'-', -- -,_., '.'--'~" ~.__~.'.._~h~~.__~..__
:
facilities), laundromats limited to
: self-service facilities, pet grooming,
restaurants including drive-in and
drive-through, tailoring, tobacconist,
vocational schools (limited to arts and
crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and
karate-judo) , and small item repair.
* Abused spouse residence with forty (40) or
fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges,
exercise facilities (e. g. gyms and clubs),
indoor shooting ranges, museums, libraries,
news stand s , commercial or public parking lots
and parking garages, theaters excluding
drive-ins.
(5 ) Dwelling units in the same structure as commercial i
uses provided that more than 50% of the gross floor area is devoted to I
commercial uses.
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
( 1 ) Parking lots
(2 ) Refuse and service areas
(3 ) Provision of services and repair of items
incidental to the principal use
(4 ) Storage of inventory either within the same
structure as where the sale of goods occurs or in a separate structure
on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site
(5 ) Single family detached dwellings for residence by
business owners, proprietors or employees.
(D) Conditional Uses and Structures Allowed: The following
)i___ are allowed as conditional uses within the GC District }!I)it~14iiFit
ts6 It)i~ IptrjJyt~ts6Yt~ IrjJf. 11./?-/'1.".,. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): I
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- 3 - Ord. No. 72-95
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,,,.....---~.._,.,~. -. ~..". .'-', ~" . ~ ,,'." """--'" .. ,,-_ '". '_ ,-_",,_._, ___."___." ._~_.._,~~ ,_ _~...,. ~",_.,.....-..__.._,_ _ "____'._..___. ..._.__ ',__ '..-~.. _~'_'._'_'U~'~''''__~''_'_.___'.~' _ . ..,._,
;
(1) Adult entertainment establishments I
!
(2 ) Alcohol and drug abuse treatment facilities
(3 ) Amusement game facilities limited to such uses as
pinball, air hockey, electronic games, and other similar coin operated
games when an attendant is on duty
(4 ) Wash establishments or facilities for vehicles
(5 ) Child care and adult day care
i
(6) Clubs and lodges; social, fraternal, and i
I
recreational
(7 ) Communication and transmission facilities
,
I
(8 ) Drive-in theaters !
(9 ) Flea markets, bazaars, merchandise marts, and
similar retail uses
( 10) Funeral homes
( 11 ) Gasoline stations or the dispensing of gasoline ;
directly into vehicles !
(12) Hotels and motels I
i
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( 13) Free-standing multiple family housing subject to !
the requirements of the RM District except for setback and height
requirements which shall be pursuant to thi& section I
,
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(14) Recreational establishments such as bowling i
alleys, gymnasiums, health spas, miniature golf courses, skating rinks
(15) Vehicle care limited to the changing of oil and ,
!
filters, and lubrication with no mechanical work or outside storage of i
vehicles except as a part of a gasoline station
(16) Veterinary clinics
- 4 - Ord. No. 72-95
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.....,... ..~.......- '.~. ,. . ,.. ~ ~..'. . ~.-..~. ~.. ...~..~ .'- . .. -, .,,,.,....~_,_.._._..,~..~.'~_ ,~..__ .....~__....._w ~_..'c.~_. .. ~.__"..'_~_...__.~. ...._.... . _"""'....'~... ,_.~, -'._'--'''~
(E) Review and Approval Process:
( 1 ) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2 ) For any new development, plan approval must be
granted by the Site Plan Review and Appearance Board pursuant to
Sections 2.4.5(F), ( G ) and (I).
( 3 ) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E).
.L4.l All applications for commercial or multiple family
residential development. including signs. within the West Atlantic
Avenue Overlay District will be forwarded to the West Atlantic Avenue
Architectural Committee ( ARC) and the Community Redevelopment Agency
for comment.
(F) Development Standards: In addition to 1the development
standards ,.~ set forth in Section 4.3.4. the followipg development
standards shall apply ,.~~~g/~tt~/t~~/,~~~~~t~g in the GC District:
( 1 ) When there is no dedicated access available to the i
rear of any structure, a side setback of ten feet ( 10 I ) shall be
provided. [173.473(D)]
,
,
ill West Atlantic Avenue Overlay District Development i
Standards: The following development standards apply in the West
Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
i
ill. Parcels that have frontage along Atlantic :
Avenue shall have a front setback of five feet ( 5 I ) from the ultimate I
I
right-of-way line. The front setback area shall be paved with paver I
blocks to match the existing sidewalks within the Atlantic Avenue
right-of-way.
.uu The minimum open space requirement is ten
percent (10%) of the site area. All landscape requirements for
parking lots and buffering of residential properties. pursuant to
Sections 4.6.5 and 4.6.16. shall apply.
(G) Supplemental District Regulations: In addition to 1the
supplemental district regulations ,.~ set forth in Article 4 . 6 . the
following supplemental district regulations shall apply in the GC
District:
- 5 - Ord. No. 72-95
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-- -.-'. ..'M~'_ ...._- _._ .._.. _ e. ".'~ _ ---.-.-.....--.--...-.-.., 'W.,_.,_ ._~ _.~".~
--,..-, ---------,,-,",-'._--, ,,---,--- "---,,,,,---.--,-,--.,..-,,------,,.--, ,--_._---"",--,--_.-_. .''',-- -,,_.. " - "--'-.-1
I
.ill West Atlantic Avenue Overlay District Supplemental I
I
District Regulations: The following supplemental district regulations i
apply in the West Atlantic Avenue Overlay District as defined in
Section 4.5.6(B):
lAl The following principal and conditional uses
are prohibited in the overlay district:
* Retail or Wholesale Firearm or
-
Ammunition Sales I
* Retail or Wholesale Automotive Parts
- I
Sales
* Lawn Care Equipment Sales
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* Contractor's Offices I
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* Abused Spouse Residences I
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* Shooting Ranges
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* Adult Entertainment Establishments
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* Service Stations I
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iJll Dwelling units are permitted within the same
structure as commercial uses. In the event that residential and I
non-residential uses are located in the same structure. residential I
I
uses and non-residential uses must be physically separated. have I
I
I
separate accessways. and residential units shall not be located on the I
ground floor. The Site Plan Review and Appearance Board may exempt I
dwelling units in this district from the restrictions contained in I
Section 4.4.9(B)(5). in conjunction with the approval of a s1 te and ,
development plan.
.Lti Commercial structures are limited to a
maximum depth of 150 feet from the ultimate right-of-way of Atlantic
Avenue. unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th
Avenue. Accessory uses such as parking areas. landscaping. and
drainage retention areas may extend beyond the 150 foot limit.
Establishment or expansion of structures beyond the 150 foot limit may
be allowed as a conditional use. subject to the required findings of
Section 2.4.5(E)(5).
l.dl. Six (6) ~arking spaces per 1.000 square feet
of gross floor area are required for restaurants and one C 1 ) parking
space per 300 square feet of gross floor area is required for all
other non-residential uses. Parking spaces for residential uses are
required at the rates established in Section 4.6.9CC)C2).
- 6 - Ord. No. 72-95
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-.- ' .-...- .-... "..-...,.-....-....-...,--.,.... ..~....
~,-~--_.....~., -_..~_..._"',._.~._-~ -. '-'--~.", ..--~-,- -". ._"~_._----_._-_..._~->-'"_._--,-~-.-_..__.---_.~~,,~,-,,_..---_._~-..._-_____..~_... .._~..._ _.,__..."._....._,,____,~.._.. .~~ n'.',_..__
I
,
~ If it is impossible or inappropriate to r
provide required parking on site or off-site. the in-lieu fee option i
provided in Section 4.6.9(E)(3) may be applied.
i!l There is no restriction on repair and/or
reconstruction of non-conforming single family residences located a
minimum of 150 feet from Atlantic Avenue.
19l Parking areas and accessways to parking lots
must be located to the rear of commercial structures that have
frontage on Atlantic Avenue. Where locating parking to the rear of I
the structure is impossible or inappropriate. the Site Plan Review and I
Appearance Board may approve an alternate location. I
(H) Special Regulations: I
(1) The first ten feet of the front yard setback which i
is adjacent to a right-of-way shall be a landscaped area. except i
within the West Atlantic Avenue Overlay District as defined in Section i
4.5.6 (B) . Wi thin ~~;t~ the required front landscape area I no paving !
shall be allowed except for driveways and walkways which shall be i
generally perpendicular to the property line. :
I
ill In structures located in the West Atlantic Avenue I
Overlay District as defined in Section 4.5.6(B) that have an entrance :
from and/or windows facing Atlantic Avenue. the sale of second hand
material. except verifiable antiques and/or collectibles (coins.
stamps. sports memorabilia. etc.) is prohibited. :
LJl In structures located in the West Atlantic Avenue i
Overlay District as defined in Section 4.5.6(B) that have an entrance ;
from and/or windows facing Atlantic Avenue. the picking up or dropping !
off. or otherwise transporting of workers. assigned through an !
employment agency from an assembly point to the work site is !
prohibited. .
I
Section 2. That all ordinances or parts of ordinances in :
conflict herewith be, and the same are hereby repealed. I
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be I
declared by a court of competent jurisdiction to be invalid I such :
decision shall not affect the validity of the remainder hereof as a I
whole or part thereof other than the part declared to be invalid.
- 7 - Ord. No. 72-95
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"... --....--. ..-~ .<'.~n y ~ '-,"""'.--'"-" ..--- ---~ ..."~._.~....~..",-.~..~"_..__.-,,,--~._" .-.~'-~.... ._~~-~-_._------........'~""...._.-_- ....~-~--~--,- '~'._' _ -_...,- ~.'. ..... - -.. ----.-
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading. i
:
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December , 1995.
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. MAY.
ATTEST: 1
:
(}~MnYlJY~!Ii J~ 110 uy !
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City C erk i
i
First Reading November 21, 1995 i
Second Reading December 5, 1995
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- 8 - Ord. No. 72-95
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f01t4,c>(::
CITY COMMISSION DOCUMENTATION
TO: D . ~ID ~ HAR~TY MANAGER
THRU: D l"\ E OMIN Z, DI~
~E~~MENTOp~G
FROM: ' JEF~, SENIOR PlANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
LOR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL
BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LOR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LOR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establi~h limitations on intensity, permitted uses, scale, and
City Commission Documentation
LOR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LOR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section 4.6.9(E)(3) In-Lieu
~, and LOR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
o P&Z Board Memorandum Staff Report
.
MEETING DATE: NOVEMBER 13,1995
AGENDA ITEM: 11.0.
SUBJECT: LOR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
ATLANTIC A VENUE REDEVELOPMENT PLAN
LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS,
LOR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
City. .
BACKGROUND:
.
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
liD
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LDR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
"
The LDR amendments are in a geographic area requiring review by the CRA. The CRA
Board reviewed this item at its meeting of October 26, 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LDR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no formal public
notice to property owners within a SOD' radius of the subject properties is required.
Courtesy notices have been sent to:
o Clay Wideman o Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Association
o Norma Banoura o Charlotte Durante
600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANAL YSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
.
P&Z Board Memorandum Staff Report
Special Meeting of November 13. 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
AL TERNA TIVE ACTIONS: "
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LDR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height
Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section
4.6.9(E)(3) In-lieu Fee, and LOR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9. 1995
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LOR Section 4.3.4(H)(6)(a) Special Building Setbacks:
'*- I\long 'Most Atlantic Avenue oxtending from Swinton Avenue to the I 95
Interchango, a sixty eight foot (68') setb3ck ch311 be provided on both sides
of the contor lino.
LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations
(4) Area "D" - the proporty on properties either side of Atlantic Avenue, between S'N 1 st
Stroot and N'A' 1 st Stroot, extending from I 9S to S\\'inton I\vemJo. located south
of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue: and the properties located north of Atlantic Avenue. south of
NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue.
LOR Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the GC District as-a permitted uses. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a):
(D)Conditional Uses and Structures Permitted: The following Y&eS ~re allowed
as conditional uses within the GC District pursuant to the provisions of 2. 4 .SeE). except
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs. within the West Atlantic Avenue Overlay District will be
,
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community Redevelopment Agency for comment.
(F)Development Sta'ndards: In addition to +1he development standards as set forth
in Section 4.3.4. the following development standards shall apply along 'Nith the
follO'eVing in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards: ~
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(8):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape requirements for parking lots and buffering of residential
properties. pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t +he supplemental district
regulations as set forth in Article 4.6. the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
. Retail or Wholesale Firearm or Ammunition Sales
. Retail or Wholesale Automotive Parts Sales
~ Lawn Care Equipment Sales
. Contractor's Offices
~ Abused Spouse Residences
~ Shooting Ranges
. Adult Entertainment Establishments
~ Service Stations
~ The picking up or dropping off. or otherwise transporting of
workers. assigned through an employment agency from an
assembly point to the work site
(b) Dwelling units are pemlitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure. residential uses and. non.residential uses must be
physically ~eparated. have separate accessways. and residential units
. shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5). in conjunction with the
approval of a site and development plan.
(d) Six parking spaces per 1.000 square feet of gross floor area are required
for restaurants and 1 parking space per 300 square feet of gross floor
,
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P&Z Board Memorandum Staff Report
Special Meeting of November 13. 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non-residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
.el. If it is impossible or inappropriate to provide required parking on site or
off. site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
1).. There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
9l. Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within tJ:H&-the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of second hand material. except verifiable antiques and/or
collectibles (coins. stamps. sports memorabilia. etc.) is prohibited.
Section'4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District. as defined in Section
(B). below. shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on
the south. and NW 1st Street on the north. and extending one block north of NW 1st
Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The
,
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4.4.9(E)(4) and 4.4.9(8)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the eRA Board of
Commissioners.
9l- Members of the ARC shall be residents. property owners. or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue. and Lake Ida Road.
.bl. Membership of the Committee will be as follows:
. Two land development professionals (architect.' engineer.
surveyor. landscape architect. contractor. etc.):
. Two owners of businesses located in the West Atlantic Avenue
Overlay District and
~ Three at large
(3) All applications. incl4ding signs. for commercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopment Agency.
. for advisory review and comment.
(4) The ARC will meet as required to review submissions. rather than at
regular intervals.
LOR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is GRty authorized only in the CBD ef.. OSSHAD. and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fli-l
SUBJECT: AGENDA ITEM i /O~ - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 70-95
(DELETING SPECIAL SETBACK REOUIREMENT ALONG WEST ATLANTIC
AVENUE)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on'second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#70-95) deletes the
special setback requirement along West Atlantic Avenue extending
from Swinton Avenue to the I-95 interchange.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 70-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2).
p~ 5-0
ref:agmemo17
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It - - - -I
il .-
/:
I' ORDINANCE NO. 70-95
.]
Ii AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
, DELRAY BEACH, FLORIDA, AMENDING SECTION
i'
I: 4.3.4(H)(6) (a), II SPECIAL BUILDING SETBACKS II , OF THE
t ~
i' LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
"
BEACH, BY DELETING THE SPECIAL SETBACK REQUIREMENT
ALONG WEST ATLANTIC AVENUE EXTENDING FROM SWINTON
i' AVENUE TO THE I-95 INTERCHANGE; 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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 I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.3, IIDistrict Regulations, General Provisionsll, Section 4.3.4, IIBase
District Development Standards", Subsection 4.3.4(H) (6) (a), IISpecial
Building Setbacks", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(a) Special Building Setbacks: Within the following
special building setbacks, no structures shall be altered, erected, or
reconstructed:
* Along Ocean Boulevard (State Road AlA), a twenty
(20) foot setback shall be provided from the
IIBrockway Linell, as shown in Plat Book 20, Page 4,
Public Records of Palm Beach County, Florida. The I
IIBrockway Linell shall be the IIbuilding line" for
Lots 1 thru 7, inclusive, Block 1, Ocean Park, as
shown in Plat Book 5, Page 15, Public Records of
Palm Beach County, Florida.
1////~~~~g/~__~/~~~_~~~~/~j_~._/_~~_~~~~g/tt~_/$~~~~~~
~j-~._/~p/~~_/~f~'/~~~_t~~_~g_,/_/~t~ttf~tg~t/t~~t
l~~fJ/~~t~_~~/~~_~~/~~/pt~yt~~~/~~/~~t~/_t~~~/~t i
t~~/~~~t~t~t~~1
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-_..~ ' ----- - __mm_________m_ ---~- --- -- ----------- --l
* Wi thin the residential district along the west
s ide of S. W. 8th Avenue, between West Atlantic
Avenue and S. w. 1st Street, a fifty foot (50') .
setback shall be provided from the east property t
line.
i
* Along the combination of H.E. 4th Street and Lake I
Ida Road extending from N.E. 6th Avenue westward I
to Military Trail, a sixty-four foot (64' ) setback
shall be provided on both sides of the centerline.
* Along H.E. 8th Street, between Swinton Avenue and
AlA, a fifty foot (50 I ) setback shall be provided
on both sides of the centerline. 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 I
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December , 1995.
~~
ATTEST:
(M MnY(bJ',k I ~ J/r;~
City C erk
First Reading November 21, 1995
Second Reading December 5, 1995
I
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I
- 2 - Ord. No. 70-95
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(2A"'~ ...-c
CITY COMMISSION DOCUMENTATION
TO: D~ HARtQ;ITY MANAGER
~ Um
THRU: D'A E OMIN. z, DI~L CT
DEP~RTMENT OF P~G
._~p .
FROM: r :EF....~- R NS, SE~IOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21,1995
LDR TEXT AMENDMENTS TO LOR SECTION 4.3.4(H)(6)(a) SPECIAL
BUILDING SETBACKS, LOR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LOR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LOR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establish limitations on intensity, permitted uses, scale, and
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City Commission Documentation
LOR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LOR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section 4.6.9(E)(3) In-Lieu
fee. and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
o P&Z Board Memorandum Staff Report
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MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: II.D.
SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
A TLANTIC A VENUE REDEVELOPMENT PLAN
LOR REFERENCE: LOR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS,
LOR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULA TIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC A VENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LDRs).
Pursuant to LOR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
City. ,
BACKGROUND:
.
With the adoption of the Comprehensive Plan in 1989. the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LOR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
'.
The LOR amendments are in a geographic area requiring review by the CRA. The eRA
Board reviewed this item at its meeting of October 26, 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LOR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no fo'rmal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
o Clay Wideman o Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Association
o Norma Banoura o Charlotte Durante
. 600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P &Z Board meeting.
ANAL YSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LOR Section 1.1.6 and F.S. 163.3194(2).
AL TERNATIVE ACTIONS: "
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height
Regulations, LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section
4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9.1995
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LOR Section 4.3.4(H)(6)(a) Special Building Setbacks:
'*- Along West Atlantic Avenue extending from Swinton !\veFlue to the I 95
Interchange, a sixty eight foot (68') setb::lck shall be provided on both sides
of tho centor line.
LDR Section 4.3.4(J)(4}(b}(i) Increases to Height Regulations
(4) Area "D" - the property on properties either side of I\tlantic Avenue, between S\^! 1 st
Stroot and NW 1 st Stroet, extending from I 95 to Swinton Avenue. located south
of Atlantic Avenue. north of SW 1 st Street. west of SW 1 st Avenue. and east of
SW 4th Avenue: and the properties located north of Atlantic Avenue. south of
NW 1 st Street. west of NW 1 st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GCl District:
(B) Principal Uses and Structures Permitted: The following types of usos are
allowed within the GC District as-a permitted uses. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(O)Conditional Uses and Structures Permitted: The following Y6e& ~re allowed
as conditional uses within the GC District pursuant to the pro'.'isions of 2.~.5(E). except
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs. within t~e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community Redevelopment Agency for comment.
(F)Oevelopment Sta'ndards: In addition to +!he development standards as set forth
in S~ction 4.3.4. the following development standards shall apply along with the
following in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards: ~
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape requirements for parking lots and buffering of residential
properties. pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t +he supplemental district
regulations as set forth in Article 4.6. the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
~ Retail or Wholesale Firearm or Ammunition Sales
. Retail or Wholesale Automotive Parts Sales
~ Lawn Care Equipment Sales
~ Contractor's Offices
~ Abused Spouse Residences
~ Shooting Ranges
. Adult Entertainment Establishments
~ Service Stations
~ The picking up or dropping off. or otherwise transporting of
workers. assigned through an employment agency from an
assembly point to the work site
(b) Dwelling units are pemlitted within the same structure as commercial
uses. In the event that residential and non~residential uses are located in
the same structure. residential uses and. non-residential uses must be
physically ~eparated. have separate accessways. and residential units
shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5). in conjunction with the
approval of a site and development plan.
(d) Six parking spaces per 1.000 square feet of gross floor area are required
for restaurants and 1 parking space per 300 square feet of gross floor
,
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non-residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
.el. If it is impossible or inappropriate to provide required parking on site or
off- site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
1).. There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
9l. Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within tRis-the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of second hand material. except verifiable antiques and/or
collectibles (coins. stamps. sports memorabilia. etc.) is prohibited.
Section' 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District. as defined in Section
(B). below. shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on
the south. and NW 1 st Street on the north. and extending one block north of NW 1 st
Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the CRA Board of
Commissioners.
.w... Members of the ARC shall be residents. property owners. or
business owners within the area bounded by SW 10th Street. 1.95.
Swinton Avenue. and Lake Ida Road.
J:U. Membership of the Committee will be as follows:
~ Two land development professionals (architect.. engineer.
surveyor. landscape architect. contractor. etc.):
.!... Two owners of businesses located in the West Atlantic Avenue
Overlay District and
.!... Three at large
(3) All applications. inclijding signs. for commercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopment Agency.
. for advisory review and comment.
(4) The ARC will meet as required to review submissions. rather than at
regular intervals.
LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is GRly authorized ~ in the CSD ef.. OSSHAD. and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
,
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M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fit l
SUBJECT: AGENDA ITEM i 10 Jr - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 71-95
(INCREASES TO HEIGHT REGULATIONS/WEST ATLANTIC AVENUE)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#71-95) modifies
the boundaries of the geographic area along Atlantic Avenue in
which increases to height regulations may be approved by the City
Commission.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 71-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LOR Section 1.1.6 and F.S.
163.3194(2).
fOLJ&LlL $-0
ref:agmemo18
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!
, ORDINANCE NO. 71-95 ,
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
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DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J)(4), I
II INCREASES TO HEIGHT REGULATIONS II , SUBPARAGRAPH
4. 3.4(J) (4) (b) (i), OF THE LAND DEVELOPMENT I
I
I
REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING ,
THE BOUNDARIES OF THE GEOGRAPHIC AREA ALONG ATLANTIC j
AVENUE IN WHICH INCREASES TO HEIGHT REGULATIONS MAY i
BE APPROVED BY THE CITY COMMISSION; PROVIDING A I
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE. I
I
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and !
i
Zoning Board reviewed the subject matter at a special meeting on
i
November 13, 1995, and voted unanimously to forward the change with a I
recommendation of approval; and i
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
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Planning and Zoning Board, sitting the Local Planning Agency, has I
as I
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", Article
4.3, IIDistrict Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(J)(4), IIIncreases to
Height Regulations II , subparagraph 4.3.4(J) (4) (b) (i), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(b) Allowances: An increase, to a maximum height of sixty
feet (60'), may be approved by the City Commission in any zone
district not listed above when approved pursuant to the processing of
a conditional use request and based upon a finding of compliance with
each of the enumerated criteria listed below.
(i) That the structure is to be located in one of the
following geographic areas:
( 1 ) Area IIAII - all property located east of
Congress Avenue and west of 1-95.
(2) Area IIBII - the property encompassed by the
Delint DRI, with the exception of that
portion platted as IIWaterford Villagell; along
with property located west of S.W. 10th
Avenue, south of Linton Boulevard, and east
of 1-95.
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, (3) Area IICII - the property encompassed by the
,
boundary of Linton Boulevard, Germantown
Road, S.W. 10th Street, and 1-95.
(4 ) Area 11011 - the properties ~t~~;t~t/~~/;~~~;t
.;le}.; Irp~ lla~;r,tyi~;l~ llay;yi}4.;I IJzS;~~;;yi 1~/',f1 11.~
~~t;;~ l,tyie}. IJ4/WI I 1_~ 1~~t;;~I 1;~~;1ie}.;l1iS l~trpVl
1f~~ I~rp l~w;l1i~rpyi llay;yi}4.;1 located south of
Atlantic Avenue. north of S.W. 1st Street.
west of S.W. 1st Avenue. and east of S.W. 4th
Avenue: and the properties located north of
Atlantic Avenue. south of N.W. 1st Street.
west of N.W. 1st Avenue. and east of N.W. 3rd
Avenue.
( 5 ) Area liE" - the property encompassed on the I
west by the F.E.C. Railroad, on the east by
the Intracoastal Waterway, on the south by
Allen Avenue extended to said easterly and
westerly boundaries, and on the north to the
northernmost boundary of the City.
(6 ) Area IIF" - the property located between the
one-way pair system of the Federal Highway
(5th and 6th Avenues). \
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(7 ) Area IIGII the property either side of I
- on I
Linton Boulevard, extending 200 feet north I
and south of its ultimate right-of-way, I
extending from 1-95 to Dixie Highway. ,
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(8 ) Area IIHII - the area bounded by Linton
Boulevard on the south, the F.E.C. Railroad
on the east, the combination of Southridge
Road and Swinton Avenue on the north, and
S.W. 4th Avenue on the west.
(9 ) Area III" - all property within the CBD
(Central Business District) except for
property lying east of the Intracoastal
Waterway.
(10) Area IIJII - the property encompassed by
Lindell Boulevard on the north, Federal
Highway on the east, Dixie Highway on the
west, and the City limits on the south.
- 2 - Ord. No. 71-95 i
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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 I
declared by a court of competent jurisdiction to be invalid, such I
decision shall not affect the validity of the remainder hereof as a I
whole or part thereof other than the part declared to be invalid. i
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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 5th day of December , 1995.
~fir?
ATTEST:
o j~ jrm YrJJ ~JJv ~ I/r; 1c:fv
City C rk
First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 71-95
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CITY COMMISSION DOCUMENTATION
TO: D~:~TY MANAGER
THRU: D:ti E OMIN. Z, DI~
DEPI\RTMENT OF P~G
--~p ,
FROM: - :E~-""'R NS, SE~IOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21,1995
LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL
BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LOR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LOR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establish limitations on intensity, permitted uses, scale, and
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City Commission Documentation
LOR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives. and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LOR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section 4.6.9(E)(3) In-Lieu
fee, and LOR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
(J P&Z Board Memorandum Staff Report
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MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: II.D.
SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
ATLANTIC A VENUE REDEVELOPMENT PLAN
LDR REFERENCE: LOR SECTION 4.3.4(H)(6}(a) SPECIAL BUILDING SETBACKS,
LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULATIONS, LOR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LOR SECTION 4.4.9 GENERAL COMMERCIAL (GC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
City. .
BACKGROUND:
.
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
II D
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LOR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
The LOR amendments are in a geographic area requiring review by the CRA. The CRA
Board reviewed this item at its meeting of October 26. 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LOR amendments at its
meeting of October 23. 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres. no fo'rmal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
o Clay Wideman o Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Association
o Norma Banoura o Charlotte Durante
.600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANAL YSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
, '
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
AL TERNA TIVE ACTIONS: "
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height
Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section
4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9.1995
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6)(a) Special Building Setbacks:
'*- ^Iong lJI-!e&t ^tlantiG ^venue extending from Swinton ^venue to the I 95
InterGhange, a sixty eight foot (68') setback shall be provided on both sides
of the center line.
LOR Section 4.3.4(J}(4}(b}(i) Increases to Height Regulations
(4) Area "0" - the property on properties either sido of Atlantic .'\\lenue, bot\veen SVV 1st
Street and Nt/V 1 ct Street, extonding from I 95 to S'/:inton N,enue. located south
of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue: and the properties located north of Atlantic Avenue. south of
NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following typec of uces are
allowed within the GC District a~ permitted uses. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a):
(D)Conditional Uses and Structures Permitted: The following ~ ~re allowed
as conditional uses within the GC District pUrEuant to the provisions of 2.1.€i(E). except
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs. within t~e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community Redevelopment Agency for comment.
(F)Development Standards: In addition to +lhe development standards as set forth
in Section 4.3.4. the following development standards shall apply along \,\'ith the
following in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards: ~
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13. 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape requirements for parking lots and buffering of residential
properties. pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t +he supplemental district
regulations as set forth in Article 4.6. the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
~ Retail or Wholesale Firearm or Ammunition Sales
~ Retail or Wholesale Automotive Parts Sales
~ Lawn Care Equipment Sales
. Contractor's Offices
~ Abused Spouse Residences
~ Shooting Ranges
. Adult Entertainment Establishments
~ Service Stations
~ The picking up or dropping off. or otherwise transporting of
workers. assigned through an employment agency from an
assembly point to the work site
(b) Dwelling units are pemlitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure. residential uses and. non-residential uses must be
physically ~eparated. have separate accessways. and residential units
shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5). in conjunction with the
approval of a site and development plan.
(d) Six parking spaces per 1.000 square feet of gross floor area are required
for restaurants and 1 parking space per 300 square feet of gross floor
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non-residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
.el. If it is impossible or inappropriate to provide required parking on site or
off- site. the in-lieu fee option provided in Section 4.6.9(E){3) may be
applied.
1).. There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
9l. Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within tRis-the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of second hand material. except verifiable antiques and/or
collectibles (coins. stamps. sports memorabilia. etc.) is prohibited.
Section'4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District. as defined in Section
(B). below. shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on
the south. and NW 1 st Street on the north. and extending one block north of NW 1 st
Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The
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: P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the eRA Board of
Commissioners.
aL Members of the ARC shall be residents. property owners. or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue. and Lake Ida Road.
b1- Membership of the Committee will be as follows:
. Two land development professionals (architect.' engineer.
surveyor. landscape architect. contractor. etc.):
. Two owners of businesses located in the West Atlantic Avenue
Overlay District and
~ Three at large
(3) All applications. inclLJding signs. for commercial or multiple family
residential development within the West ,Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopment Agency.
for advisory review and comment.
(4) The ARC will meet as required to review submissions. rather than at
regular intervals.
LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is GRJy authorized ~ in the CaD '*~ OSSHAD. and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t/i I
SUBJECT: AGENDA ITEM i /0 A: - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 73-95
(ENACTING WEST ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#73-95) amends
Article 4.5, "Overlay and Environmental Management Districts", by
enacting Section 4.5.6, "The West Atlantic Avenue Overlay
District" . This section defines the area established as the
overlay district, sets forth the purpose, and provides for the West
Atlantic Avenue Architectural Review Committee (ARC) .
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the City
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 73-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2).
p~ 5-0
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ref:agmemo19
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-----.., ."-_.~---~--~_._-~.;.-..'._,_._~,~_.._-_.- .,....- ----_._~----_..~_._~._.....- .----
: ~
ORDINANCE NO. 73-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, 1I0VERLAY
AND ENVIRONMENTAL MANAGEMENT DISTRICTSII, OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ENACTING SECTION 4.5.6, liTHE WEST ATLANTIC AVENUE
OVERLAY DISTRICTII; 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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
4.5, 1I0verlay and Environmental Management Districts II, of the Land I
Development Regulations of the City of Delray Beach, Florida, be, and I
the same is hereby amended by enacting Section 4.5.6, liThe West I
Atlantic Avenue Overlay Districtll, to read as follows: I
I
Section 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive
Plan, by Ordinance No. 82-89 on November 28, 1989, the City identified
the West Atlantic Avenue Corridor as an area in need of redevelopment
and revitalization. In accordance with Future Land Use Element Policy
C-2.4, a redevelopment plan was prepared for the area and was adopted I
by the City Commission at its meeting of July 11, 1995. This section I
is created to implement the provisions of the adopted West Atlantic I
Redevelopment Plan. All development within the West Atlantic Overlay i
District, as defined in Section (B) below, shall take place according !
to the provisions of the adopted plan. I
(B) Defined: The West Atlantic Avenue Overlay District is I
hereby established as the area bounded by 1-95 on the west, Swinton
Avenue on the east, S.W. 1st Street on the south, and N.W. 1st Street
on the north, and extending one block north of N.W. 1st Street along ~
N. W. 5th Avenue to include Blocks 19 and 27, Town of Delray. The
regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall
apply to all GC zoned parcels within the Overlay District.
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__~.~,_.~__._. ____.M_~."....... .. ~._.~"._. .___" .... __".____. '__'_~''''_______'"' .~ . '~"'...' ~._.__ _._____..~_______..,"_".. ..______......~ .~,-,._____.h~..__...._ "'.~,,~_.._....... _....__~",._.__.___.. ._ .._ ...----
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(C) West Atlantic Avenue Architectural Review Committee i
( ARC) : I
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( 1 ) An Architectural Review Committee (ARC) is hereby I
established to review all development proposals located in the Overlay I
District. The ARC acts in an advisory capacity to the Board(s) taking I
action on a development proposal. i
(2) The Architectural Review Committee will consist of i
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seven (7 ) members serving two (2 ) year terms. Three of the initial
members will serve one (1) year terms in order to stagger the terms of
committee members. ARC members are nominated by the Community
Redevelopment Agency Board of Commissioners.
(a) Members of the ARC shall be residents,
property owners, or business owners within the area bounded by S.W.
10th Street, I-95, Swinton Avenue and Lake Ida Road.
( b) Membership of the committee will be as
follows:
* Two land development professionals
(architect, engineer, surveyor,
landscape architect, contractor, etc. ) i
* Two owners of businesses located in the
West Atlantic Avenue Overlay District;
and
* Three members at large.
(3 ) All applications, including signs, for commercial
or multiple family residential development within the West Atlantic
Avenue Overlay District will be referred to the ARC and the Community
Redevelopment Agency for advisory review and comment.
(4 ) The ARC will meet as required to review
submissions, rather than at regular intervals.
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 i
ordinance or any portion thereof, any paragraph, sentence, or word be i
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 73-95
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Section 4 . That this ordinance shall become effective I
immediately upon passage on second and final reading. I
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PASSED AND ADOPTED in regular session on second and final I
reading on this the 5th day of December , 1995.
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ATTEST: !
()~ Mn'fJJ1!-ku ~1Ia JIy
City C erk
First Reading November 21, 1995
Second Reading December 5, 1995 I
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- 3 - Ord. No. 73-95
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CITY COMMISSION DOCUMENTATION
TO: D~:~;r MANAGER
THRU: D;Il; E OMIN. Z.DI~
~~~::MENTOp~G
FROM: ' JEF~. SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
LDR TEXT AMENDMENTS TO LOR SECTION 4.3.4(H)(6)(a) SPECIAL
BUILDING SETBACKS, LOR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LOR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LOR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establlsh limitations on intensity, permitted uses, scale, and
.
.
City Commission Documentation
LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LDR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section 4.6.9(E)(3) In-Lieu
fee, and LOR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
o P&Z Board Memorandum Staff Report
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MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: II.D.
SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
ATLANTIC A VENUE REDEVELOPMENT PLAN
LOR REFERENCE: LOR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS,
LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LORs).
Pursuant to LOR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
City. .
BACKGROUND:
.
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed lDR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
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The LOR amendments are in a geographic area requiring review by the CRA. The eRA
Board reviewed this item at its meeting of October 26, 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LOR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no formal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
o Clay Wideman o Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Association
o Norma Banoura o Charlotte Durante
. 600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANAL YSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LOR Section 1.1.6 and F.S. 163.3194(2).
AL TERN A TIVE ACTIONS: "
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LOR Section 4.3.4(J)(4 )(b )(i) Increases to Height
Regulations, LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section
4.6.9(E)(3) In-Lieu Fee, and LOR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9. 1995
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6)(a) Special Building Setbacks:
'*- Along Wed Atlantis Avenue extending from Swinton ^venue to the I 95
Intershange, a sixty oight foot (68') setback shall be provided on both sides
of the conter Iino.
LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations
(4) Area "0" - the proporty on properties either tide of /\tlantic /wenue, eewJeen SV'! 1st
Stroot and N\^.' 1 st StFeet, extending from I 95 to Swinton .^Nenu8. located south
of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue: and the properties located north of Atlantic Avenue. south of
NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the GC District as-a permitted uses. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a):
(D)Conditional Uses and Structures Permitted: The following YSeS ~re allowed
as conditional uses within the GC District pursuant to the provisions of 2. ~ .5(E). except
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs. within t~e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community Redevelopment Agency for comment.
(F)Development Sta'ndards: In addition to +1he development standards as set forth
in Section 4.3.4. the following development standards shall apply along with the
follo'.\'ing in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards: ...Ihe
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape requirements for parking lots and buffering of residential
properties. pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t +he supplemental district
regulations as set forth in Article 4.6. the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
. Retail or Wholesale Firearm or Ammunition Sales
~ Retail or Wholesale Automotive Parts Sales
~ Lawn Care Equipment Sales
~ Contractor's Offices
~ Abused Spouse Residences
~ Shooting Ranges
. Adult Entertainment Establishments
~ Service Stations
~ The picking up or dropping off. or otherwise transporting of
workers. assigned through an employment agency from an
assembly point to the work site
(b) Dwelling units are pemlitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure. residential uses and non-residential uses must be
physically separated. have separate accessways. and residential units
. shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5). in conjunction with the
approval of a site and development plan.
(c) Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue. unless the parcel has
frontage on NW 5th Avenue or SW 5th Avenue. Accessory uses such as
parking areas. landscaping. and drainage retention areas may extend
beyond the 150 foot limit. Expansion \ of structures beyond the 150 foot
~m~ m~~ be all~w~~ ~s a conditional ute. subje~t to t\he\reqUire~\ findings
of Section 2.4.5(E)(5). ,.":.0, ,,''... \._\:-:-}.-. ::'[\1'--\"_''-..\---
Cd) Six parking spaces per 1.000 square feet of gross floor area are required
for restaurants and 1 parking space per 300 square feet of gross floor
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non.residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
.e1-lf it is impossible or inappropriate to provide reQuired parking on site or
off. site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied. .
1).. There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
9l. Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within tRis-the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of second hand material. except verifiable antiques and/or
collectibles (coins. stamps. sports memorabilia. etc.) is prohibited.
Section" 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District. as defined in Section
(B). below. shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on
the south. and NW 1st Street on the north. and extending one block north of NW 1st
Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The
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P&Z Board Memorandum Staff Report
Special Meeting of November 13,1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the CRA Board of
Commissioners.
at Members of the ARC shall be residents. property owners. or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue. and Lake Ida Road.
.bL Membership of the Committee will be as follows:
. Two land development professionals (architect.' engineer.
surveyor. landscape architect. contractor. etc.):
~ Two owners of businesses located in the West Atlantic Avenue
Overlay District and
.!- Three at large
(3) All applications. inclijding signs. for commercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopment Agency.
. for advisory review and comment.
(4) The ARC will meet as required to review submissions. rather than at
regular intervals.
LOR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is eRly authorized ~ in the CBD er:~ OSSHAD. and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
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M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER fit (
SUBJECT: AGENDA ITEM i 10 L - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 74-95
(IN-LIEU FEE/WEST ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#74-95) amends LOR
Section 4.6.9(E)(3), "In-Lieu Fee" , by adding the General
Commercial (GC) zoning district (West Atlantic Avenue Overlay
District) as an area in which the City Commission may approve the
payment of a fee in lieu of providing required parking.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the City
Commission passed the ordinance by a vote of 3 to 2 (Commissioner
Ellingsworth and Mayor Lynch dissenting).
Recommend approval of Ordinance No. 74-95 on second and final
reading, based on positive findings regarding consistency with the
Comprebensive Plan, pursuant to LOR Section 1.1.6 and F.S.
163.3194(2).
Pa MLcQ 3ta~
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ref:agmemo20
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" 74-95
" ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9(E)(3),
IIIN-LIEU FEEII, OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY ADDING THE WEST ATLANTIC
AVENUE OVERLAY DISTRICT) WITHIN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT AS AN AREA IN WHICH
THE CITY COMMISSION MAY APPROVE THE PAYMENT OF A FEE
IN LIEU OF PROVIDING REQUIRED PARKINGj 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a
recommendation of approvalj 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 I
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: I
Section 1. That Chapter Four, IIZoning Regulations", Article
4.6, II Supplemental District Regulations II , Section 4.6.9, 1I0ff-Street I
Parking Regulations II , Subsection 4.6.9(E)(3), "In-Lieu Fee" , of the I
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows: I
(3 ) In-Lieu Fee: If it is impossible or inappropriate to I
provide the required number of on-site parking spaces, the City I
Commission may approve the payment of a fee in lieu of providing such
required parking, pursuant to the following provisions:
(a) The in-lieu fee is ~'(11.y authorized ~ in the
CBD~ ~t OSSHAD. and GC (West Atlantic Avenue Overlay District) Zoning
Districts in compliance with the Supplemental District Regulations
provisions therein.
(b) The fee is hereby established at $6,000 per space.
Arrangements for payment shall be approved by the City Commission at
the time of the approval of the in-lieu fee.
(c) All proceeds from such a fee shall be used for
parking purposes.
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(d) The in-lieu fee may be paid at one time or in ,
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installments. Installment payments may be made over a nine year \
period in ten payments. The first payment payment would be due upon I
signing the installment agreement. The remaining nine payments would I
be due annually. No interest is to be charged during the first three
(3 ) years. Beginning in year four of the payment schedule, a simple
interest rate of 5% per annum will apply to the unpaid balance and be
added to payments five through ten.
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 i
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declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a I
whole or part thereof other than the part declared to be invalid. I
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Section 4. That this ordinance shall become effective I
immediately upon passage on second and final reading. I
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PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December , 1995.
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ATTEST:
(}ItMnYlJ;~Jij~ Jh.t*
City lerk
First Reading November 21, 1995
Second Reading December 5, 1995
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- 2 - Ord. No. 74-95
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CITY COMMISSION DOCUMENTATION
TO: D~ HAR~ CITY MANAGER
~ .cU~
THRU: D~ E OMIN, Z,OI CT
~E~::MENTOp~G
FROM: ' JEF~' SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21,1995
LDR TEXT AMENDMENTS TO LOR SECTION 4.3.4(H)(6)(a) SPECIAL
BUILDING SETBACKS, LOR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LOR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LOR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay Oistrict and the
associated text amendments establish limitations on intensity, permitted uses, scale, and
, '
City Commission Documentation
LOR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LOR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LOR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section 4.6.9(E)(3) In-Lieu
W, and LOR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
CJ P&Z Board Memorandum Staff Report
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.1_-
MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: 11.0.
SUBJECT: LOR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
A TLANTIC A VENUE REDEVELOPMENT PLAN
LOR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS,
LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULATIONS, LOR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
City. ,
BACKGROUND:
.
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
II D
.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LDR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
'.
The LDR amendments are in a geographic area requiring review by the CRA. The CRA
Board reviewed this item at its meeting of October 26. 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LDR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no fo'rmal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
o Clay Wideman o Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Association
o Norma Banoura o Charlotte Durante
. 600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANAL YSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
, '
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
AL TERNA TIVE ACTIONS: .,
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LOR Section 4.3.4(H}{6}(a}
Special Building Setbacks, LOR Section 4.3.4(J}(4)(b}(i} Increases to Height
Regulations, LOR Section 4.5.6 West Atlantic Avenue Overlay District, LOR Section
4.6.9(E)(3) In-Lieu Fee, and LOR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9.1995
.
.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6}(a) Special Building Setbacks:
Jlr- Along 'MeEt ^tlantic ^':enue extending from 8,t1inton J\venue t9 the I 95
Interchange, a sixty eight foot (68') Eotb3ok shall be providod on both sides
of the center line.
LOR Section 4.3.4(J}(4)(b}(i) Increases to Height Regulations
(4) Area "0" - the property on properties either sido of Atlantic Avenl:Jo, I;)elween SW 1 st
Stroet and N'J'.' 1 st Street, extending from I 95 to S'l.'inton /\venl:Jo. located south
of Atlantic Avenue. north of SW 1 st Street. west of SW 1 st Avenue. and east of
SW 4th Avenue: and the properties located north of Atlantic Avenue. south of
NW 1 st Street. west of NW 1 st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following types of b1ses are
allowed within the GC District as-a permitted uses. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(D)Conditional Uses and Structures Permitted: The following ~ ~re allowed
as conditional uses within the GC District pursuant to the provisions of 2.4.5(E). except
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs. within t~e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community Redevelopment Agency for comment.
.
(F)Development StaOndards: In addition to +lhe development standards as set forth
in Section 4.3.4. the following development standards shall apply along with tho
follov.'ing in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards: ~
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
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P&Z Board Memorandum Staff Report
Special Meeting of November 13. 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape requirements for parking lots and buffering of residential
properties. pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t +he supplemental district
regulations as set forth in Article 4.6. the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
. Retail or Wholesale Firearm or Ammunition Sales
~ Retail or Wholesale Automotive Parts Sales
~ Lawn Care Equipment Sales
. Contractor's Offices
~ Abused Spouse Residences
~ Shooting Ranges
~ Adult Entertainment Establishments
. Service Stations
~ The picking up or dropping off. or otherwise transporting of
workers. assigned through an employment agency from an
assembly point to the work site
(b) Dwelling units are pemlitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure. residential uses and. non-residential uses must be
physically ~eparated. have separate accessways. and residential units
. shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(8)(5). in conjunction with the
approval of a site and development plan.
(cj Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right.of-way of Atlantic Avenue. unless the parcel has
frontage on NW 5th Avenue or SW 5th Avenue. Accessory uses such as
parking areas. landscaping. and drainage retention areas may extend
beyond the 150 foot limit. Expansion \ of structures beyond the 150 foot
~m~ ~~~ be all~W~~ ~s a conditional ute. SUbje~t to t:he\reqUire~\ findings
of Sectton 2.4.5(E)(5). '_"~ "':., \._\::J\.-. ,:'1\ \'--\".1'''-..\---
(d) Six parking spaces per 1.000 square feet of gross floor area are required
for restaurants and 1 parking space per 300 square feet of gross floor
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non-residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
fU. If it is impossible or inappropriate to provide required parking on site or
0"- site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied. .
n.. There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
9l. Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within tRis-the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of second hand material. except verifiable antiques and/or
collectibles (coins. stamps. sports memorabilia. etc.) is prohibited.
Section"4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C.2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District. as defined in Section
(B). below. shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on
the south. and NW 1st Street on the north. and extending one block north of NW 1st
Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The
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P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(el West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the eRA Board of
Commissioners.
al. Members of the ARC shall be residents. property owners. or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue. and Lake Ida Road.
bt Membership of the Committee will be as follows:
. Two land development professionals (architect.' engineer.
surveyor. landscape architect. contractor. etc.):
. Two owners of businesses located in the West Atlantic Avenue
Overlay District and
~ Three at large
(3) All applications. incl4ding signs. for commercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopment Agency.
. for advisory review and comment.
(4) The ARC will meet as required to review submissions. rather than at
regular intervals.
LOR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is ooty authorized ~ in the CBD 9f.. OSSHAD. and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t7~'\
SUBJECT: AGENDA ITEM # /0 . M. - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 75-95
(WEST ATLANTIC AVENUE REZONINGS)
DATE: NOVEMBER 29, 1995
This is second and final reading for Ordinance No. 75-95 which
rezones certain parcels of land in accordance with and as
identified in the West Atlantic Avenue Redevelopment Plan.
Provisions of the West Atlantic Avenue Redevelopment Plan call for
properties within approximately 300 feet of Atlantic Avenue to be
zoned General Commercial ( GC) , with most of the remaining parcels
zoned R-1-A (Single Family Residential) or RM (Medium Density
Residential). These rezonings are proposed in order to adjust the
boundaries between commercial and residential development to meet
these provisions and to reflect existing conditions. Also, the
passive parks adjacent to 1-95 are currently zoned GC and are
proposed for rezoning to Open Space (OS) to match their current
use.
The Planning and Zoning Board considered this item at public
hearing on August 21, 1995, and voted 5 to 0 (Schwartz absenti
Young stepped down) to recommend that the rezonings be approved.
At first reading on November 21st, the City Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 75-95 on second and final
reading, based upon positive findings with respect to LDR Sections
3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards
for Rezoning Actions), and policies of the Comprehensive Plan.
PQM-en2 5-0
ref:agmemo15
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ORDINANCE NO. 75-95 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF I
LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC
(GENERAL COMMERCIAL) TO R-l-A (SINGLE FAMILY I
RESIDENTIAL) DISTRICT, FROM GC (GENERAL COMMERCIAL) I
TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, FROM
R-1-A (SINGLE FAMILY RESIDENTIAL) TO GC (GENERAL
COMMERCIAL) DISTRICT, FROM RM (MEDIUM DENSITY
RESIDENTIAL) TO GC (GENERAL COMMERCIAL) DISTRICT, AND
FROM GC (GENERAL COMMERCIAL) TO OS (OPEN SPACE)
DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE WEST
ATLANTIC AVENUE REDEVELOPMENT PLAN PURSUANT TO FUTURE
LAND USE ELEMENT POLICY C-2.4 OF THE COMPREHENSIVE
PLAN; SAID LAND BEING GENERALLY LOCATED ON THE NORTH ,
I
AND SOUTH SIDES OF ATLANTIC AVENUE, BETWEEN SWINTON
AVENUE AND INTERSTATE-95; AND AMENDING II ZONING MAP OF
DELRAY BEACH, FLORIDA, 199411; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, with the adoption of the Comprehensive Plan in
1989, the West Atlantic Avenue area was designated as Redevelopment
Area #1 on the Future Land Use Map (FLUM); and ,
\
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WHEREAS, Future Land Use Element Policy C-2.4 of the I
Comprehensive Plan requires the preparation of a redevelopment plan I
for the area; and I
\
I
WHEREAS, the West Atlantic Avenue Redevelopment Plan was I
adopted by the City Commission at its meeting of July 11, 1995; and I
WHEREAS, a portion of the West Atlantic Avenue Redevelopment I
I
Plan requires the assignment of appropriate Future Land Use Map
designations and zonings for the properties in the area; and r
I
WHEREAS, at its meeting of August 21, 1995, the Planning and I
Zoning Board for the City of Delray Beach, as Local Planning Agency, I
considered this item at public hearing and voted 5 to 0 to recommend
approval of the rezonings based upon positive findings with respect to i
I
LDR Sections 3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2
(Standards for Rezoning Actions), and policies of the Comprehensive
Plan; and
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i WHEREAS, the City Commission, acting in its legislative I
capacity desires to initiate the rezonings as set forth herein for
numerous lots and blocks under various ownerships within the West
,
Atlantic Avenue Redevelopment Area; and I
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WHEREAS, it is appropriate that the Zoning District of i
Map i
the City of Delray Beach, Florida, dated April, 1994, be amended to I
i
reflect the revised zoning classifications. !
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 R-1-A (Single Family
Residential) District from GC (General Commercial) District for the
following described property:
Lot 33, Block 1, ATLANTIC PINES, recorded in Plat
Book 13, Page 77, of the Public Records of Palm Beach
County, Florida.
Lots 12, 13, 21 and 22, Block 1, ATLANTIC PARK
GARDENS, recorded in Plat Book 14, Page 56, of the
Public Records of Palm Beach County, Florida.
Lots 12, 21 and 22, Block 1, ODMANNS SUBDIVISION, as
recorded in Plat Book 4, Page 53 of the Public i
,
Records of Palm Beach County, Florida.
Sec~tion 2. 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 RM (Medium Density
Residential) District from GC (General Commercial) District for the
following described property:
Lots 12, 13, 21 and 22, Block 4, ODMANNS SUBDIVISION, I
I
as recorded in Plat Book 4, Page 53, of the Public !
Records of Palm Beach County, Florida. !
Lots 12, 13, 21 and 22, Block 2, ATLANTIC PARK
GARDENS, as recorded in Plat Book 14, Page 56, of the !
Public Records of Palm Beach County, Florida. I
- 2 - Ord. No. 75-95
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Section 3. 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 GC (General Commercial)
District from R-1-A (Single Family Residential) District for the
following described property: ,
Lots 1 thru 5, and Lots 22 thru 28, Block 36, TOWN OF
I
DELRAY, as recorded in Plat Book 5, Page 38, of the !
Public Records of Palm Beach County, Florida.
Section 4. 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 GC (General Commercial) I
District from RM (Medium Density Residential) District for the t
following described property:
Lots 14, 15, 23 and 24, Block 8, ATLANTIC GARDENS, as I
recorded in Plat Book 14, Page 63, of the Public j
Records of Palm Beach County, Florida.
Lots 9, 10, 18 and 19, Block 1, and Lots 3 thru 6,
and Lot B, Block 2, BELAIR HEIGHTS, as recorded in I
Plat Book 20, Page 45, of the Public Records of Palm
Beach County, Florida.
The North 50 feet of the South 300 feet of the East I
145 feet, Subdivision of Section 17, Township 46
Range 43, as recorded in Plat Book I, Page 4, of the
Public Records of Palm Beach County, Florida.
Lots 14 thru 16, and Lots 23 thru 25, Subdivision of
Block 5, Delray Beach, as recorded in Plat Book 23,
Page 72, of the Public Records of Palm Beach County,
Florida.
The South 150 feet of the North 385 feet of the West
135 feet of Block 13, and the South 100 feet of the
North 350 feet of the East 135 feet of Block 13, TOWN
OF DELRAY, as recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida.
The South 240 feet of the East 150 feet of Block 21,
and the South 100 feet of the North 310 feet of the
West 135 feet of Block 21, TOWN OF DELRAY, as
recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida.
- 3 - Ord. No. 75-95
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The South 10 feet of Lot 12, Lot 13, and Lots 28 thru I
I
38, Block 29, RESUBDIVISION OF BLOCK 29, TOWN OF I
DELRAY, as recorded in Plat Book 9, Page 66, of the I
Public Records of Palm Beach County, Florida. I
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Section 5. That the Zoning District Map of the City of
I
Delray Beach, Florida, dated April, 1994, be, and the same is hereby I
amended to reflect a zoning classification of OS (Open Space) District I
from GC (General Commercial) District for the following described I
property: !
Lots 1 thru 11, Block 1, ODMANNS SUBDIVISION, less
1-95 right-of-way, and Lots 1 thru 11, Block 4,
ODMANNS SUBDIVISION, less 1-95 right-of-way, as
recorded in Plat Book 4, Page 53, of the Public
Records of Palm Beach County, Florida.
Lots 1 thru 11, Block 1, and Lots 1 thru 11, Block 2,
ATLANTIC PARK GARDENS, as recorded in Plat Book 14,
Page 56, of the Public Records of Palm Beach County,
Florida.
Section 6. 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
Sections 1 through 5 hereof.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8 . 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 9. That this ordinance shall become effective
immediately upon the effective date of Ordinance No. 69-95, under
which official land use designations of General Commercial, Low
Density Residential, Medium Density Residential, Community Facilities
or Open Space are affixed to the subject parcels hereinabove
described in furtherance of the West Atlantic Avenue Redevelopment
Plan.
- 4 - Ord. No. 75-95
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PASSED AND ADOPTED in regular session on second and final I
reading on this the 5th day of December 1995. I
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ATTEST: I
()k/Y1n'f?J1/',Ji/;~ 1In<4z
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City lerk I
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First Reading November 21, 1995 I
Second Reading December 5, 1995
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- 5 - Ord. No. 75-95
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CITY COMMISSION DOCUMENTATION
TO: ~~CITYMANAGER
THRU: DANE OOMI GUEZ~CTOR
DEPARTMENT OF PLA NING AND ZONING
~~ f
L-
FROM:
SUBJECT: MEETING OF NOVEMBER 21, 1995
REZONINGS ASSOCIATED WITH THE WEST A TLANTIC A VENUE
REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is approval on first reading of proposed
rezonings associated with the West Atlantic Avenue Redevelopment Plan, as identified
in the Recommended Action.
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue Area was
designated as Redevelopment Area # 1 on the Future Land Use Map (FLUM). Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area.
The West Atlantic Avenue Redevelopment Plan has been completed and was adopted by
the City Commission at its meeting of July 11, 1995. A portion of the Redevelopment Plan is
the assignment of appropriate FLUM designations and zonings for the properties in the area.
The proposed rezonings are those required to implement the redevelopment plan.
A more complete discussion of the proposed rezonings is included in the attached Planning
and Zoning Department staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of August 21, 1995.
After a brief discussion, the Board voted unanimously (5-0, Schwartz absent and Young
stepped down) to recommend approval of the proposed rezonings.
la.G.
,
City Commission Documentation
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
RECOMMENDED ACTION:
By motion:
Approve the following rezoning requests based upon positive findings with respect to LOR
Sections 3.1.1 and 2.4.5(0)(5) (Required Findings), Section 3.3.2 (Standards for Rezoning
Actions), and policies of the Comprehensive Plan:
From GC (General Commercial) to R-1-A (Single Family Residential) for:
lJ Lot 33, Block 1, Atlantic Pines
o Lots 12, 13, 21, and 22, Block 1, Atlantic Park Gardens
lJ Lots 12,13,21, and 22, Block 1, Odmann's Subdivision
From GC (General Commercial) to RM (Multiple Family Residential) for:
lJ Lots 12,21, and 22, Block 4, Odmann's Subdivision
lJ Lots 12,13,21, and 22, Block 2, Atlantic Park Gardens
RM (Multiple Family Residential) to GC (General Commercial) for:
lJ Lots 14, 15,23, and 24, Block 8, Atlantic Gardens
lJ Lots 9, 10, 18, and 19, Block 1, Belair Heights
lJ Lots 3-6, and Lot B, Block 2, Belair Heights
lJ North 50' of the south 300' of the east 145', Subdivision of Section 17, Township
46, Range 43
lJ Lots 14-16, and 23-25, Block 5, Town of Delray
lJ South 150' of the north 385' of the west 135' of Block 13, Town of Delray
lJ South 100' of the north 350' of the east 135' of Block 13, Town of Delray
lJ South 240' of the east 150' of Block 21, Town of Delray
lJ South 100' of the north 310' of the west 135' of Block 21, Town of Delray
lJ Lots 28-38, Block 29, Town of Delray
R-1-A (Single Family Residential) to GC (General Commercial) for:
lJ Lots 1-5, and 22-28, Revised Plat of Block 36, Town of Delray
GC (General Commercial) to OS (Open Space) for the passive parks formerly described as:
lJ Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way
lJ Lots 1-11, Block 1, Atlantic Park Gardens
lJ Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way
,
City Commission Documentation
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 3
o Lots 1-11, Block 2, Atlantic Park Gardens
Attachments:
0 P&Z Staff Report
,
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 21,1995
AGENDA ITEM: V.D.
ITEM: Rezonings from GC (General Commercial) to R-1-A (Single Family
Residential), GC to RM (Medium Density Residential), GC to OS (Open
Space), R-1-A to GC, and RM to GC, associated with the adoption of the
West Atlantic Avenue Redevelopment Plan
See Attached Zoning Maps
For Location
GENERAL DATA:
Owners................................................. Various
Applicant................... ..................... ....... David C. Harden
City of Delra"y Beach
Location................................................ North and south sides of Atlantic Avenue, between Swinton Avenue and 1-95.
Property Size........................................ Approximately 17 acres
Future Land Use Map.........................: Redevelopment Area #1
Current Zoning..................................... GC, R-1-A, RM
Proposed Zoning.................................. GC, R-1-A, RM, OS
Adjacent Zoning.........................North: GC, R-1-A, RM, OS, CF
East: GC, R-1-A, RM, OS, CF
South: GC, R-1-A, RM, OS, CF
West: GC, R-1-A, RM, OS, CF
Existing Land Use......:......................... Existing single family residences, commercial structures, vacant parcels,
multiple family residential properties, and parks.
Proposed Land Use............................. Rezonings from GC (General Commercial) to R-1-A (Single Family Residential),
GC to RM (Medium Density Residential), GC to OS (Open Space), R-1-A to GC,
and RM to GC, as appropriate, to implement the provisions of the West Atlantic
Avenue Redevelopment Plan.
Water Service....................................... Existing on site.
Sewer Service...................................... Existing on "ite.
V.D.
,
I
The action before the Board is making a recommendation on the following rezoning
requests:
From GC (General Commercial) to R-1-A (Single Family Residential) for the following
parcels:
o Lot 33, Block 1, Atlantic Pines
o Lots 12,13,21, and 22, Block 1, Atlantic Park Gardens
o Lots 12, 13, 21, and 22, Block 1, Odmann's Subdivision
GC (General Commercial) to RM (Multiple Family Residential) for the following parcels:
o Lots 12, 21, and 22, Block 4, Odmann's Subdivision
o Lots 12, 13, 21, and 22, Block 2, Atlantic Park Gardens
RM (Multiple Family Residential) to GC (General Commercial) for the following parcels:
o Lots 14, 15, 23, and 24, Block 8, Atlantic Gardens
o Lots 9, 10, 18, and 19. Block 1, Belair Heights
o Lots 3-6, and 11, Block 2, Belair Heights
o Lot 5, Subdivision of Section 17, Township 46, Range 43
o Lots 14-16, and 23-25, Block 5. Town of Delray
o South 150' of the north 385' of the west 135' of Block 13, Town of Delray
o South 100' of the north 350' of the east 135' of Block 13, Town of Delray
o South 240' of the east 152' of Block 21, Town of Delray
o South 100' of the north 310' of the west 135' of Block 21, Town of Delray
o Lots 28-38, Block 29, Town of Delray
R-1-A (Single Family Re~idential) to GC (General Commercial) for the following parcels:
o Lots 1-5, and 22-28, Revised Plat of Block 36, Town of Delray
GC (General Commercial) to OS (Open Space) for the passive parks formerly
described as:
o Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way
o Lots 1-11. Block 1, Atlantic Park Gardens
o Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way
o Lots 1-11, Block 2, Atlantic Park Gardens
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.
,
.
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
I . ... . . ... . ... . ..... ... ... .... ... ... .. . ... . . ... ... I
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area.
The West Atlantic Avenue Redevelopment Plan has been completed and was adopted
by the City Commission at its meeting of July 11, 1995.
Although most parcels within the West Atlantic Avenue Redevelopment Area will retain
their current zoning, implementation of the redevelopment plan requires some
rezonings. The proposed rezonings are those required to implement the
redevelopment plan.
:':~:~ILlt!it~j!t!i!!tttllt)l!ii!II!!i!!lj!!I!!!!!~!!~i!t!i!~lfj,;i!!!II!i!~~I!I!!;I!!IIIIIII'lllillJ.~IIII:~~~~!!~!!i!~!~!~~I!~fj'li!~!1Ii!i~!{f!~"I!tillllfill'1iiilfi~!!!ii!!~I~!!I~i!ill!::
The development proposal is to rezone the above referenced parcels to implement
provisions of the West Atlantic Avenue Redevelopment Plan. The provisions of the
plan call for properties within approximately 300' of Atlantic Avenue to be zoned GC,
with most of the remaining parcels zoned R-1-A or RM. These rezonings are proposed
in order to adjust the boundary between commercial and residential development to
meet that provision and to reflect existing conditions. Additionally, the passive parks
adjacent to 1-95 are currently zoned GC and are proposed for rezoning to OS to match
their current use.
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REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
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 properties is
Redevelopment Area #1. Zoning designations for areas identified as
redevelopment areas on the FLUM are to be determined by the redevelopment
plan prepared for the specific area. As the rezonings implement the adopted
.
.
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 3
redevelopment plan, the proposed zoning designations are consistent with the
Future Land Use Map designation. Future Land Use Map amendments to
assign the FLUM designations that are consistent with the redevelopment plan
and the proposed zonings are being processed as a part of Comprehensive Plan
amendment 95-2.
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:
.
The current zoning designations allow for the accommodation of commercial
development generally limited to approximately 300' in depth along Atlantic Avenue.
Although the portion of the redevelopment area zoned GC is slightly increased by the
proposed rezonings, the potential intensity of future development in the area is not
increased. A reduction to the height limit for commercial structures and a limitation on
the depth of commercial structures. to 150' from Atlantic Avenue will be applied to the
redevelopment area. Due to those restrictions, the overall development potential and
potential traffic generation will be decreased.
Per Palm Beach County 1993/94 traffic counts, the link of Atlantic Avenue from NW and
SW 12th Avenue to Congress Avenue is a 4-lane, divided section and carries 30,575
average daily trips (ADT). The design capacity of a 4-lane, divided section at Level of
Service liD" is 29,400 ADT. Thus, this segment is slightly over capacity. New
development in this area may add trips to that road segment. The City is in the process
of adopting a Transportation Concurrency Exemption Area (TCEA) that includes the
redevelopment area. The TCEA Wi!' eliminate the need for specific traffic concurrency
findings with development approvals.
Based on the above a positive finding can be made at this time with regard to traffic
concurrency.
Water:
Water service is available to all of the subject parcels. Upgrades required to adequately
serve the area are identified in the plan and are programmed by the Environmental
Services Department. The Detray Beach water treatment plant has adequate capacity
to serve the City at build out.
Sewer:
Sewer service is available to all of the subject parcels. No upgrades are required to
adequately serve the area at the development intensity projected by the redevelopment
,
I
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 4
plan and the proposed rezonings. The South Central Wastewater Treatment Facility
has adequate capacity to serve the City at build out.
Parks and Recreation:
The Oelray 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.
Solid Waste:
The proposed reduction to the height limit for commercial structures and a limitation on
the depth of commercial structures to 150' from Atlantic Avenue will be applied to the
redevelopment area. Due to those restrictions, the overall development potential and
potential solid waste generation will be decreased by this action.
Consistency: Compliance, with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
C) Additional strip commercial zoning on vacant properties shall be avoided.
This policy shall not preclude rezonings that at the time of rezoning has
improvements on it. Where.existing strip commercial areas or zoning exist
along an arterial street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for better project
design.
The proposed rezonings affect the depth and size of an existing strip commercial area.
The effect of most of the rezonings is to increase the depth of that commercial area.
Concurrent with the proposed rezonings, LOR text amendments are proposed which
would improve the design of projects in the area. The remainder of the rezonings will
eliminate inappropriate strip commercial areas. Thus, the proposed rezonings meet this
standard.
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.
,
.
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 5
The compatibility of commercial properties with adjacent residential areas was a
primary concern in the preparation of the redevelopment plan. The redevelopment area
is currently composed of a commercially zoned area centered on Atlantic Avenue,
bordered to the north and south by residential zoning. The proposed rezonings adjust
the boundaries of the commercial area with the adjacent residential areas. The
compatibility of the areas is not affected by the rezonings. Furthermore, the LOR text
amendments being processed concurrently provide regulations, especially the limitation
on structures to a depth of 150' from Atlantic Avenue, which will enhance compatibility.
Thus this standard is met by the proposed rezonings.
Standards "A" and "B" do not apply to the proposed rezonings.
Section 2.4.5(D)(5) (Rezoning Findings):
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 appropriate reasons for the proposed rezonings are "b" and "c," based on the
following:
The Comprehensive Plan identifies the West Atlantic Avenue Area as Redevelopment
Area #1. Development in the area is to be guided by a redevelopment plan adopted by
the City Commission. The Commission adopted the West Atlantic Avenue
Redevelopment Plan at its meeting of July 11, 1995. The adoption of the plan
significantly changes the circumstances in the area by outlining a vision for the future
development of the area. The proposed rezonings are required to implement the
provisions of the adopted plan.
In order to implement the adopted redevelopment plan, FLUM designations for the area
are being amended as directed in the plan. The proposed zoning districts are of similar
intensity to the new FLUM designations and will be more appropriate than the existing
zonings, based on the direction of the community and the adopted plan. The intensity
of development in the area is not significantly changed by the proposed rezonings. The
,
.
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 6
appropriateness of zonings in the area was a fundamental concern during the review of
the redevelopment plan. The adoption of the redevelopment plan establishes the City's
finding that the proposed zonings are more appropriate than the existing.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Future land Use Element Policy C-2.4 The following pertains to the Atlantic
Avenue Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to
Swinton Avenue. The present land uses in this area include single family homes,
duplexes, mini-parks, commercial uses along Atlantic Avenue and NW 5th
Avenue, and scattered vacant parcels.
The redevelopment program should contain, at least, the following elements:
0 redevelopment and enhancement of the Atlantic Avenue business
corridor/district;
0 increasing housing opportunities on vacant lots;
0 establishment of a Minority Business Enterprise (MBE) program that
would involve many community residents in working toward
entrepreneurship in the redevelopment effort; and
0 continuation of the East Atlantic Streetscape theme westerly to 1-95.
Commercial redevelopment shoul~ be approached on a block-by-block basis and
generally should be confined to a depth of 300 feet from Atlantic Avenue rights-
of-way. However deep the commercial development, great care must be taken
with respect its relationship and impact upon existing or proposed residential
uses.
Residential redevelopment and the provision of housing shall generally follow the
objectives and policies of Goal Area "B" of the Housing Element.
The eastern portion of the redevelopment area shall focus upon governmental
and institutional uses thus building upon current investments in the County
Courthouse and City Hall expansion programs.
The C.R.A. shall be the lead agency in the preparation of this redevelopment plan.
The plan shall be complied in Fiscal Year 91/92 and adopted as a formal
amendment to the City's Comprehensive Plan. Creation of the plan must include
maximum feasible public participation including, but not limited to, a series of
public hearings.
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 7
A redevelopment plan addressing the above issues has been completed and adopted
by the City Commission. The rezonings being considered at this time are proposed to
fulfill the provisions of the plan. Thus, this policy is furthered by the proposed
rezonings.
Compliance with land Development Regulations: The proposed use is to be in
compliance with the land Development Regulations.
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
No development proposals have been received for the subject properties. Any
proposed development will be subject to the provisions of the adopted redevelopment
plan.
ijlil;I[\\;\il[[~II~~liiji\lj::l:i:I\:i~i:::i::::i::i:~~il;l;fi,I\!I;\il::::ll:;::~::i:II(I::lji::;;I:lj::::1::\lj:i::il:lijll::;I;[!llltillilll!1111111Ii~~111Iir~iIIJj,itiilllljllil_f.~ll'1!lrff~ljlli!illr;~1Ii'~III~11I:[[[il
The proposed rezonings are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
The rezonings are in a geographic area requiring review by CRA. The CRA Board
reviewed this item at its meeting of August 10, 1995 and unanimously recommended
approval.
,
Visions West Atlantic:
The Visions West Atlantic Steering Committee has not specifically reviewed this item.
However the Committee reviewed the redevelopment plan extensively at a series of
meetings over the past two years. The Committee is strongly in support of the
provisions of the plan.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject properties. A special notice has been sent to each of the property owners of
record.
Courtesy notices have been sent to:
o Tony Hamden o Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
,
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 8
o Norma Banoura o Clay Wideman
600 Block Association Peach Umbrella Association
o Charlotte Durante
Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
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The proposed rezonings are required for the implementation of the adopted West
Atlantic Avenue Redevelopment Plan. The rezonings adjust the boundaries between
the residential and commercial portions of the redevelopment area and will not have a
major effect on the relationship betWeen the two land uses. Positive findings can be
made regarding LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards
for Rezoning Actions), and LDR Section 2.4.5(C)(5) (Rezoning Findings). Therefore,
the proposed rezonings can be recommended for approval based on the positive
findings outlined in this report.
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A. Continue with direction.
B. Recommend rezoning 'Of the subject parcels, based on positive findings
with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and
the performance standards of Section 3.3.2.
C. Recommend denial of the rezonings, based on a failure to make positive
findings.
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Recommend approval of the following rezoning requests:
From GC (General Commercial) to R-1-A (Single Family Residential) for:
o Lot 33, Block 1, Atlantic P:'les
o Lots 12, 13, 21, and 22, Block 1, Atlantic Park Gardens
o Lots 12,13,21, and 22, Block 1, Odmann's Subdivision
,
Planning & Zoning Board Staff Report
Rezonings Associated with the West Atlantic Avenue Redevelopment Plan
Page 9
From GC (General Commercial) to RM (Multiple Family Residential) for:
o Lots 12,21, and 22, Block 4, Odmann's Subdivision
o Lots 12, 13, 21, and 22, Block 2, Atlantic Park Gardens
RM (Multiple Family Residential) to GC (General Commercial) for:
o Lots 14, 15,23, and 24, Block 8, Atlantic Gardens
o Lots 9,10,18, and 19, Block 1, Belair Heights
o Lots 3-6, and 11, Block 2, Belair Heights
o Lot 5, Subdivision of Section 17, Township 46, Range 43
o Lots 14-16, and 23-25, Block 5, Town of Delray
o South 150' of the north 385' of the west 135' of Block 13, Town of Delray
o South 100' of the north 350' of the east 135' of Block 13, Town of Delray
o South 240' of the e~st 152' of Block 21, Town of Delray
o South 100' of the north 310' of the west 135' of Block 21, Town of Delray
o Lots 28-38, Block 29, Town of Delray
R-1-A (Single Family Residential) to GC (General Commercial) for:
o Lots 1-5, and 22-28, Revised Plat of Block 36, Town of Delray
GC (General Commercial) to OS (Open Space) for the passive parks formerly
described as:
o Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way
o Lots 1-11, Block 1, Atlantic Park Gardens
o Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way
o Lots 1-11, Block 2, Atlantic Park Gardens
based upon positive findings witn 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 Proposed Zoning Map
0 Existing Zoning Map
Report prepared by: Jeff Perkins. Senior Planner
, '
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
/,
FROM: CITY MANAGER t'7J (
SUBJECT: AGENDA ITEM i 10 AI - MEETING OF DECEMBER 5. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 80-95
(DENSITY IN THE CENTRAL BUSINESS DISTRICT)
DATE: DECEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 80-95
which proposes to amend the Central Business District zoning
ca tegory by allowing multi-family residential dwelling units as a
permitted use, with a maximum density of 12 units per acre within
the Coastal High Hazard Area which is that portion of the CBD lying
east of N.E./S.E. 7th Avenue, with a maximum density of 30 units
per acre in the remainder of the Central Business District.
This amendment will implement Policy A-5. 13 of the Comprehensive
Plan Future Land Use Element which directs the increase in density
in the CBD to 30 units per acre to allow optimum use of downtown
property. In addition, an increase in residential density to 30
units per acre was noted as a policy in the Transportation
Concurrency Exception Area (TCEA) to assist in achieving an
improved employment/housing mix and improved mobility
opportunities. The eastern portion of the CBD is in the Coastal
High Hazard Area which is an evacuation zone for a category one
hurricane. Since evacuation times should be maintained or
decreased, increases in density should not be promoted. In the
balance of the CBD, however, the increased density furthers the
goals of both the Comprehensive Plan and the TCEA.
The Planning and Zoning Board considered this item on November 13,
1995, and voted 5 to 2 (Kiselewski and Schwartz dissenting) to
recommend approval. Ms. Kiselewski feels that multi-family
residential should be a conditional use, while Mr. Schwartz opposes
increases in density anywhere in the city. At first reading on
November 21, 1995, the Commission passed the ordinance by a vote of
3 to 1, with Mr. Ellingsworth dissenting and Mayor Lynch
abstaining.
Recommend approval of Ordinance No. 80-95 based upon a finding that-
the modification is consistent with and furthers the policies and
objectives of the Comprehensive Plan.
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ORDINANCE NO. 80-95 I
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, I
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"CENTRAL BUSINESS (CBD) DISTRICT" , OF THE LAND !
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, I
TO ALLOW MULTI-FAMILY RESIDENTIAL DWELLING UNITS AS A
PERMITTED USE WITHIN THE CBD, WITH A MAXIMUM DENSITY I
OF 12 UNITS PER ACRE WITHIN THE COASTAL HIGH HAZARD I
AREA LYING EAST OF N.E./S.E. 7TH AVENUE AND A MAXIMUM I
DENSITY OF 30 UNITS PER ACRE IN THE REMAINDER OF THE
CENTRAL BUSINESS DISTRICT; PROVIDING FOR THE
REGULATION THEREOF; 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 a special meeting on
November 13, 1995, and voted 5 to 2 to forward the change with a
recommendation of approval; 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, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(B), "Principal Uses and Structures
Permi tted" , subparagraph 4.4.13(B)(4), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(4 ) ~~~~~~~g/~~~t_/~~t~~~/t~~/__~~/_tt~~t~t~/__/~~~~~t~~_~
~_~_'/~t~yt~~~/t~_t/t~_~~~~~t_~/_~~/~~~t~_t~~~~t_~/~_~_/_t~/~~t_t~_~~t
_~~_t_~~~//_~~//~_y~//_~~_t_~~//_~~~__~_t_I//_~~//~~_~//t~~t~//_t~//~~
t~_~~~~t~_~/~~~t_/~~/t~~/gt~~~~/t~~~tj Multi-family dwellinq units.
in both free-standing residential structures and mixed use structures.
excluding duplexes. Where such dwelling units are located in a mixed
use building. they shall be physically separated from non-residential
uses. and no residential units shall be located on the ground floor.
Section 2. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4 13 (C), "Accessory Uses and Structures
permi tted II , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
subparagraph 4.4.13(C)(6) to read as follows:
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--..-- '--"'---"--"'- -- .~--- -- _. I
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1..ll Recreational facilities attendant to a multi-family i
residential development. such as tennis courts. swimming pools. I
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exercise area. and meeting rooms. I
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Section 3. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning .District" , Section 4. 4 . 13, "Central Business (CBD) I
District II , Subsection 4.4.13(0), "Conditional Uses and Structures I
Allowed" , of the Land Development Regulations of the City of Delray I
Beach, Florida, be, and the same is hereby amended to read as follows: I
I JJ) 'J /'t~~f ~t;{yic.i;lJigJ /VL~l-t;lpl-~f 1;{VL;ll-t /)i95~~ ;lyigJ / ~~)51 ~~t /t95 /t)i~
t~~~;lt~VL~yit~//951//t)i~//~~//~;l~tt;l~t//~~~~pt//195t//__t)5;(~~//;{Jic.i//)i~;lgJ)it
t~~~;lt_VL~yit~/w)i;l~)i/_)i_l-l-/)5~/p~t~~;{yit/t95/t)i;l_/~~~t;l95JiJ
C1.0..% J. ) Recreational establishments such as bowling alleys,
gymnasiums, health spas, miniature golf courses, skating rinks.
(1lJ.~) Veterinary clinics.
<.1..2.J. $ ) Movie theaters, excluding drive-ins.
(llJ.~) Playhouses, dinner theaters, and places of assembly for
commercial entertainment purposes (e.g. concerts, live performances).
LU..%~) Flea markets, bazaars, merchandise marts, and similar
retail uses.
CliJ.fS) Wash establishment, with automatic/mechanical systems
only, for vehicles, except that such use shall not be located east of
the Intracoastal Waterway or on lots which front along Atlantic
Avenue. Further, this use must be established on property with a
minimum lot area of 20,000 sq. ft.
Section 4. That Chapter Four, "Zoning Regulations", Article
4.4, IIBase Zoning District", Section 4.4.13, IICentral Business (CBD)
District", Subsection 4.4.13(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:
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( 1 ) The sale of second hand material, other than i
verifiable antiques, shall not be allowed within businesses which have I
an entry from and/or windows along East Atlantic Avenue. i
- 2 - Ord. No. 80-95
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(2 ) The picking-up, dropping-off, or otherwise
transporting workers, assigned through an employment agency, from an
assembly point in the CBD to the work site is prohibited. I
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.ill The maximum density for residential dwelling units I
in that portion of the Central Business District (CBD) within the I
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Coastal High Hazard Area. which lies east of N. E. 7th Avenue. is 12 I
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units per acre. The maximum density for residential dwellinq units in I
the remainder of the CBD is 30 units per acre. I
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.1.il Minimum floor for multi-family residential I
area I
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dwelling units shall be as established for the Medium Density I
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Residential (RM) zoning district in Section 4.3.4(K). I
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l.ll Free-standing structures. containing only I
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residential uses. shall not be located on properties frontinq Atlantic i
Avenue.
Section 5. That all ordinances or part s of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. 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 5th day of December , 1995.
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ATTEST:
() h Nm'hJlf;/f{i2/ltWy I
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First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 80-95
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CITY COMMISSION DOCUMENT A TION
TO: DAVID~' ~MANAGER
tV~~
THRU: DIANE DOMINGUEZ, . ECTO
DEPARTMENT OF PLANNING AND NING
FROM: JOHN WALKER, PROJECT COORDINATOyL jdLff-
SUBJECT: MEETING OF NOVEMBER 21,1995
AMENDMENTS TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.13 **FIRST READING**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
amendments to LDR Section 4.4.13, regarding density in the Central
Business District (CBD) zoning district
BACKGROUND:
Existing Comprehensive Plan, Future Land Use Element, Policy A-5.13 directs
the increase in density in the Central Business District (CBD) zoning district to 30
units per acre. Traffic models prepared for the Transportation Concurrency
Exception Area (TCEA), scheduled for adoption in December, 1995, accounted
for the increase in residential density to 30 units per acre in the CBD. In
addition, increased density was noted as a policy in the TCEA to assist in
achieving an improved employment/housing mix and improved mobility
opportunities. Thus, increased residential density in the CBD furthers the goals
of both the adopted Comprehensive Plan and the TCEA.
The eastern portion of the CBD lies within the Coastal High Hazard Area, which
is the evacuation zone for a category 1 hurricane. Within that area, evacuation
times should be maintained or decreased, thus, increases in intensity should not
be promoted.
As noted in the Planning and Zoning Board Memorandum Staff Report, the
Central Business District (CBD) zoning district (Section 4.4.13) currently allows
limited single family residential as a permitted or accessory use and multi-family
residential as a conditional use.
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City Commission Documentation
Amendments to Land Development Regulations - Section 4.4.13
Page 2
The proposed amendment will allow multi-family residential as a permitted use
with a maximum density of 30 units per acre west of N.E. 7th Avenue, and 12
units per acre east of N.E. 7th Avenue. The complete text of the amendment is
contained in the Planning and Zoning Board Memorandum Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board Considered this item at its meeting of November
13, 1995. There was no public testimony on this item. After discussion, the
Board voted (5.2 with Kiselewski and Schwartz dissenting) to recommend
approval of the amendments to Land Development Section 4.4.13 as submitted.
Mr. Schwartz voted against the amendment because he opposes increases in
density anywhere in the City. Ms. Kiselewski felt that multi-family residential
should be a conditional use.
RECOMMENDED ACTION:
By motion, approve the amendments to Land Development Section 4.4.13 as
submitted.
Attachment:
... P&Z Board Memorandum Staff Report of 11/13/95
S:\ADV\DENSITY4
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR LDR AMENDMENTS
MEETING DATE: Special Meeting of November 13, 1995
AGENDA ITEM: II.B.
SUBJECT: Increased Density in the Central Business District (CBD)
LOR REFERENCE: Section 4.4 .13
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission on a proposed modification to the City's Land Development Regulations
(LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation
is obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the
proposed amendment with respect to its relationship to the adopted Comprehensive
Plan of the City.
BACKGROUND:
Comprehensive Plan:
The Future Land Use Element of the Comprehensive Plan calls for a "village center"
development scenario which promotes continued development and redevelopment in
the downtown area through an enhanced balance of employment, housing, and
mobility. One incentive to encourage residential development is through an increase
in the allowable maximum residential density from 12 units per acre to 30 units per
acre. The residential units could be accommodated in free-standing multi-family
structures, or in mixed use structures with residential above commercial uses.
Existing Comprehensive Plan, Future Land Use Element, Policy A-5.13 directs the
increase in density in the Central Business District (CBD) zoning district to 30 units per
acre.
Traffic models prepared for the Transportation Concurrency Exception Area (TCEA),
scheduled for adoption in December, 1995, accounted for the increase in residential
density to 30 units per acre in the CBD. In addition, increased density was noted as a
II.B.
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P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD)
Page 2
policy in the TCEA to assist in achieving an improved employment/housing mix and
improved mobility opportunities. Thus, increased residential density in the CBD
furthers the goals of both the adopted Comprehensive Plan and the TCEA.
Land Development Regulations:
The Central Business District (CBD) zoning district (Section 4.4.13) currently allows
limited single family uses and multi-family uses as follows:
(B) Principal Uses and Structures Permitted: The following types of use
are allowed within the CBD District as a permitted use:
(4) Dwelling units within the same structure as commercial uses
provided that residential and nonresidential uses are physically separated, and have
separate accessways and that there are no residential units on the ground floor.
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(5) A single family residence, either separate or within a structure
housing a nonresidential use, provided that the residence is occupied by the owner,
proprietor, or employee of a business enterprise conducted on the property.
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the CBD District:
(10) Free-standing multiple-family housing subject to the requirements
of the RM District except for setback and height requirements which shall be pursuant
to this Section.
PROPOSED AMENDMENT:
LOR Section 4.4.13(B)(4) should be modified as follows:
Dwelling units within the same Gtrblotur:e as cmmmercial uses provided that residential
and nonresidential usos are physically separated, and have &epar-ate accoss':loys and
that there are no residential units on the ground floor. Multi-family dwelling units. in
both free-standing residential structures and mixed use structures. excluding
duplexes. Where such dwelling units are located in a mixed use building. they shall
be physically separated from non-residential uses. and no residential units shall be
located on the ground floor.
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P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD)
Page 3
Section 4.4.13(C) should be modified as follows:
(6) Recreational facilities attendant to a multi-family residential
development. such as tennis courts. swimming pools. exercise area. and meeting
rooms.
LDR Section 4.4.13(D)(1 0) should be deleted:
Free standing multiplo family housing subject to the roquirements of the RM District
except for setback and height Fequirements which shall be pursuant to this Section.
LDR Section 4.4.13 (H) should be modified to add:
Q) The maximum density for residential dwelling units in that portion
of the Central Business District (CBD) within the Coastal High Hazard Area. which lies
east of N.E 7th Avenue. is 12 units per acre. The maximum density for residential
dwelling units in the remainder of the CBD is 30 units per acre.
~ Minimum floor area for multi-family residential dwelling units shall
be as established for the Medium Density Residential (RM) zoning district in Section
4.3.4(K).
LID Free-standing structures. containing only residential uses. shall
not be located on properties fronting Atlantic Avenue.
ANAL YSIS:
The anticipated residential development in the CBD zoning district is multi-family,
either occupying the upper floors of mixed use buildings, or in free standing residential
buildings. The proposed amendments will implement Policy A.5.13 of the
Comprehensive Plan Future Land Use Element. Increasing maximum density to 30
units per acre will allow the optimum use of downtown property. In order to reach that
goal, the Land Development Regulations need to be modified in several areas.
* Multi.family residential use should be a permitted use in the district. This is the
preferred development type in the district, and there is no reasonable basis for
requiring a conditional use process.
* The maximum multi-family residential density should be 30 units per acre to
implement Comprehensive Plan direction and achieve the goals of the TCEA.
* Duplexes should not be a permitted use. Their lower density is out of character in
the CBD.
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P&Z Board Memorandum Staff Report
LOR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD)
Page 4
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan
3. Recommend denial with the basis stated.
RECOMMENDED ACTION:
By motion:
Recommend approval, based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
S:\adv\DENSITY2
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rr,)
AGENDA ITEM i /~ A ,5'
SUBJECT: - MEETING OF DECEMBER 1. 1995
FIRST READING FOR ORDINANCE NO. 81-95 (SMALL SCALE FLUM
AND REZONING FOR SOUTHWEST CORNER OF LINTON BOULEVARD AND
CONGRESS AVENUE)
DATE: DECEMBER 1, 1995
This is first reading for Ordinance No. 81-95 which changes the
Future Land Use Map designation from Transitional to General
Commercial and rezones a vacant 0.68 parcel of land from POC
(Planned Office Center) to GC (General Commercial) District. The
subject property is located at the southwest corner of Linton
Boulevard and Congress Avenue. If this action is approved, it is
anticipated that a conditional use request to establish a gasoline
service station will follow.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 4 to 2 (Kiselewski and
Schmidt dissenting) to recommend that the request be approved,
based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(0)(5). The two
dissenting members had concerns with respect to increased traffic
volumes and congestion at the intersection, as well as traffic
movements into the site. A report on the Board/s consideration is
provided in the Planning Oepartment/s memorandum.
Recommend approval of Ordinance No. 81-95 on first reading. If
passed, a quasi-judicial/public hearing will be scheduled for
January 2, 1996.
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ORDINANCE NO. 81-95 - -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM TRANSITIONAL TO GENERAL
COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE
CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT,
FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER
OF LINTON BOULEVARD AND CONGRESS AVENUE, 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, 199411;
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 Transitional; 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 POC (Planned Office Center) District; and
WHEREAS, at its meeting of November 20, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 4 to 2 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
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 legal description of the subject
property is as follows:
A parcel of land lying in the North Half (N 1/2) of
Section 30, Township 46 South, Range 43 East, Palm
Beach County, Florida; said parcel being more
particularly described as follows:
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Beginning at the intersection of a line 53.00 feet
south of, as measured at right angles, and parallel
with the North Line of said Section 30, said parallel
line being the south right-of-way line of S.W. 12th
Street, and a line 485.00 feet west of, as measured
at right angles, and parallel with the west
right-of-way line of the Seaboard Airline Railway,
said parallel line being the west right-of-way line
of S.W. 20th Avenue (Congress Avenue); thence South
89 degrees 59'03" West on an assumed bearing along
the said south right-of-way line of S.W. 12th Street,
and parallel with the said north line of Section 30,
a distance of 200.00 feet to a point; thence South
001 degree 12'10" East, parallel with the said west
right-of-way line of S.W. 20th Avenue (Congress
Avenue) a distance of 200.00 feet to a point; thence
North 89 degrees 59'03" East, parallel with the said
north line of Section 30, a distance of 200.00 feet
to a point; thence North 89 degrees 59'03" East,
parallel with the said north line of Section 30, a
distance of 200.00 feet to a point in the said west
right-of-way line of S.W. 20th Avenue (Congress
Avenue) i thence North 001 degree 12'10" West, along
the said west right-of-way line a distance of 200.00
feet to the Point of Beginning.
LESS the portion for right-of-way of Linton Boulevard
and Congress Avenue shown in the Official Record Book
5031, Page 95, of the Public Records of Palm Beach
County, Florida, being more particularly described as
follows:
Commence at the N.E. corner of said Section 30;
thence South 89 degrees 59'03" West a distance of
1,084.52 feet; thence South 00 degrees 12'10" East
along a line 515.00 feet west of and parallel with
the west line of Seaboard Airline Railway, for a
distance of 100.92 feet, to a Point of Beginning of
the following described parcel of land; thence
continue South 00 degrees 12'10" East along the east
right-of-way line of Congress Avenue, said line being
515.00 feet west of the west right-of-way line of
said Seaboard Airline Railway for a distance of
150.08 feet to a point on the south line of the north
253.00 feet of said Section 30; thence South 89
degrees 59'03" West along the south right-of-way line
- 2 - Ord. No. 81-95
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of the north 253.00 feet of the said Section 30 for a
distance of 170.00 feet; thence North 00 degrees
12'10" West parallel with the west right-of-way line
of Congress Avenue for a distance of 177.00 feet to a
point on the south right-of-way line of Linton
Boulevard; thence North 89 degrees 59'03" East along
the south right-of-way line of Linton Boulevard, said
line lying 76.00 feet south of and parallel to the
north line of said Section 30, a distance of 145.08
feet; thence South 45 degrees 06'34" East for 35.30
feet to the Point of Beginning.
The subject property is located at the southwest
corner of Linton Boulevard and Congress Avenue;
containing a 0.68 acre parcel of land, more or less.
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of General Commercial 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 GC (General Commercial) 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.
- 3 - Ord. No. 81-95
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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.B. 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 , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 81-95
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~
THRU: DI NE DOMINGUEZ, DIREC~~
DEPART. E 1: F P NING A D NING
FROM: Y A. COSTELLO
R PLANNER
SUBJECT: MEETING OF DECEMBER 5, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
TRANSITIONAL TO GC (GENERAL COMMERCIAL). AND
REZONING FROM POC (PLANNED OFFICE CENTER) TO GC
(GENERAL COMMERCIAL) FOR PROPERTY tOCA TED AT THE
SOUTHWEST CORNER OF LINTON BOULEVARD AND
CONGRESS AVENUE.
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 Transitional to General Commercial and rezoning from POC
(Planned Office Center).
The subject property is located at the southwest corner of Linton
Boulevard and Congress Avenue.
BACKGROUND:
The subject property is an unplatted parcel of land which is currently vacant and
consists of 0.68 acres.
The proposal is to change the Future Land Use Map designation for the property
from Transitional to General Commercial and rezone the property from POC
(Planned Office Center) to GC (General Commercial). If the FLUM amendment
and rezoning are approved, it is anticipated that a conditional use request to
establish a gasoline service station will follow.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
,
.
City Commission Documentation
Small-Scale FLUM Amendment and Rezoning to GC - SW Corner of Linton and Congress
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 20, 1995, the Planning and Zoning Board held a
public hearing in conjunction with review of the requests. There was public
testimony in support of and in opposition to the request. The objections related
to potential traffic congestion, irregular traffic movements (Le. u-turns and
multiple lane crossings), and concerns with the potential uses allowed under the
proposed GC zoning Le. gasoline station, convenient store, fast food restaurant.
Support of the proposal was presented by the CRA which is encouraging office
development to locate downtown. After reviewing the staff report and discussing
the proposal, the Board voted 4-2 (Kiselewski and Schmidt dissenting, Young
absent) to recommend that the requests be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and LDR
Sections 2.4.5(D)(5). The two dissenting Board members had concerns with
respect to increased traffic volumes on Linton Boulevard and congestion at the
Linton and Congress intersection as well as traffic movements into the site.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the FLUM amendment and
and rezoning to GC (General Commercial), and setting a public hearing date of
January 2, 1995.
Attachments:
[J P & Z Staff Report and Documentation of November 20, 1995
[J Ordinance by Others
.
.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.D.
ITEM: Small-Scale Future Land Use Map Amendment from Transitional to
General Commercial and Rezoning from POC (Planned Office Center)
to GC (General Commercial) for a 0.68 acre parcel lo.cated at the
southwest corner of Linton Boulevard and Congress Avenue.
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GENERAL DATA:
Owner................... ......... ................. Ocean Properties, Ltd.
Applicant....................................... DEB Petroleum, Co. No.2, Inc.
Agent...... ........................................ David Felton
Corporate Property Services, Inc.
Location.......................................... At the southwest comer of Linton Boulevard and Congress Avenue.
Property Size.................................. 0.68 Acres
Existing Future Land Use Map....... Transitional
Proposed Future Land Use Map.... General Commercial
Current Zoning............................... POC (Planned Office Center)
Proposed Zoning............................ GC (General Commercial)
Adjacent Zoning...................North: POD (Professional and Office District) and RM (Medium Density Residential)
East: poe
South: RM
West: RM
Existing Land Use......................... Vacant land
Proposed Land Use....................... FLUM amendment and rezoning to General Commercial to accommodate
the development of the site as a service station with a convenience store.
Water Service................................. Available via a sewer lateral connection to an existing 8 . water main along
the west side of Congress Avenue.
Sewer Service................................ Available via installation of a private lift station and connection to an existing
10" force main along Congress Avenue.
V.D.
, '
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The item before the Board is that of making a recommendation on
a privately.sponsored Small-Scale Future Land Use Map
Amendment from Transitional to General Commercial and a
rezoning from POC (Planned Office Center) to GC (General
Commercial).
The subject property is located at the southwest corner of
Congress Avenue and Linton Boulevard.
t:::::r,:i:~::::i:::::::::::::::::::::i:::::::::::::i::,::::::::::i::::::::ji::::j:::ji:::j:::::::::ij.:::::::::::::i:::::::::::::::;j::::::::::::::::::::j::::g::jl:::;:::I::i:::I:[I:::I:::I::::I::::::::;:::::::::::::j::;:;::i,~:::::~~::::::::::;;::;:::::::;:;;:~i\~:::m;::;lli:;:::i::::li:::i::::l;ll~::::::::::::I:::::::::::;::1
The subject property is an unplatted parcel of land which is currently vacant and
consists of 0.68 acres.
In 1983, a request to rezone the property from PRD-10 (Planned Residential
Development - 10 du/acre) to SAD (Special Activities District) was processed in
conjunction with conditional use and site plan approval requests to establish a
gasoline service station with an automatic car wash, which would operate 24
hours a day. At the Planning and Zoning Board workshop meeting of August 23,
1983, the Board stated that they did not support the car wash component of the
gas station. The applicant revised the submittal by eliminating the car wash and
adding a convenience store component.
At the Board's regular meeting and public hearing of September 19, 1983, there
was extensive public testimony in opposition to the request which questioned the
need for a gasoline station at that intersection. The applicant requested a
postponement of the item in order to meet with the representatives of the
adjacent residential developments to discuss the proposal and address their
concerns. The Board then voted to postpone the item to the subsequent
meeting.
At its meeting of October 17, 1983, the Planning and Zoning Board held a public
hearing in conjunction with review of the proposal. There was public testimony in
opposition to the request. The Board recommended denial of the proposal
based upon incompatibility with the adjacent residential character of the
surrounding development and high tech developments; that the proposed
development will be a deterrent to development of the adjacent property in
accordance with the residential land use designations; that the rezoning would
constitute a special privilege to an individual property owner; that the proposal
does not satisfy an individual need of the residences as there are gas stations
within 1.5 miles of the property; and, that there was insufficient evidence
submitted justifying the need for rezoning. At the request of the applicant, the
rezoning, conditional use and site plan requests were never acted upon by the
City Commission.
,
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
to GC
Page 2
In 1985, a Future Land Use Map amendment and rezoning of the subject
property from PRD-10 (Planned Residential Development - 10 du/acre) to POI
(Professional, Office and Institutional) was processed. In conjunction with the
FLUM amendment and rezoning, a conditional use and site plan request was
processed to construct a 10,690 sq.ft. financial institution/office development,
with drive-thru banking facilities on the property. At that time the property
contained 0.92 acres. At its meeting of March 18, 1995, the Planning and
Zoning Board recommended approval of the FLUM amendment and rezoning of
the property to POI. On May 20, 1985, the Planning and Zoning Board
recommended approval of the conditional use and site plan request. At its
meeting of May 28, 1985, the City Commission approved the rezoning of the
property to POI. No further action was taken on the conditional use and site plan
subsequent to the Planning and Zoning Board meeting.
On September 24, 1985, the POC (Professional Office Center) zone district was
adopted to replace the POI zone district. Subsequently, the properties that were
zoned POI were rezoned to POC, including the subject property. Since that
time, Palm Beach County purchased the north 23' and the east 30' of the
property to provide right-of-way for the expanded intersection of Linton
Boulevard and Congress Avenue.
On October 6, 1995, a request for a Future Land Use Map amendment and
rezoning of the property to GC (General Commercial) was submitted and is now
before the Board for action.
IIii):::::::::::::::::::::::::::,:::.::::::,::::::::::::::::::::))::::::~:I::::::)::)::::::)::::::':::::::::::::..e::::Bi;::~:':g::;g:::'I:::m:,::::::::g:1::i::~:::g::::I"f.::::R:::i::!:::I:::H:;::::;:::::~::;::;:i..)::~::::::::::;:::~l::::::;::::::::::::::::::::;::::l::::l::::::::::;~::::::::::::::::1
The proposal is to change the Future Land Use Map designation for the property
from Transitional to General Commercial and rezone the property from pac
(Planned Office Center) to GC (General Commercial). If the FLUM amendment
and rezoning are approved, it is anticipated that a conditional use request to
establish a gasoline service station will follow.
I::::::[:~[:i::::::::::i::::::::::i::::::::::f~t:1:::R::::fJ:::i:::::g::::~"::'~':::':::::M:::I;:R::~;::::I:::I:::~i:l':::.~;:M::.I::lN:::I:::::::::I::I:il::lg::llil:l:lf.:l::~:::;::,::::::::::';:::'::::::::::::;::::[::::::1
This Future Land Use Map Amendment is being processed as a Small Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
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;
,
I
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 3
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 0.68 acre parcel of land, thus the total
area is less than the 10 acre maximum for nonresidential land uses. The
amendment to General Commercial is being processed concurrently with a
rezoning request to GC (General Commercial) to facilitate the construction of a
gasoline service station.
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 ~ny of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Traffic Element Policy A-5.3 - The City shall guard against the
overcommercialization of intersections by restricting land uses which are
high traffic generators to no more than two adjoining streets.
The subject property is the only vacant property at an intersection that has
"commercial" uses on the three developed corners. The rezoning to GC
will allow for high traffic generating uses such as fast food restaurants,
convenience stores, and general retail uses. While the POC zoning
allows restaurants, they are only permitted as a conditional use when
designed to be part of the overall POC concept and are primarily directed
toward meeting the lunch hour demands. Thus, the proposal does not
comply with this Comprehensive Plan Policy.
Future land Use Element Objective A-1 - Vacant property shall be
developed in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and there are no physical conditions that
would prevent development of the property. The proposed zoning of
General Commercial and its potential uses is not necessarily
,
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 4
complementary to the adjacent residences. While the property could be
developed under the GC zoning in a manner that would be
complementary to the adjacent residential development, the concerns
relate to the intensity of the commercial uses and their hours of operation.
That the potential commercial uses would fulfill a remaining land use need
seems debatable, especially with congestion that currently exists at the
Congress and Linton intersection.
Future land Use Element Policy A-1.6 - To encourage redevelopment of the
City's Central Business District, Future land Use Map amendments to
Commercial designations in outlying areas of the City's Planning Area,
shall not be considered.
This Policy was intended to prevent large-scale planned commercial
developments such as shopping centers, which could house major retail
tenants that would compete with the downtown. The FLUM amendment is
for a parcel of land which is less than an acre and located at a major
intersection. The amendment is to accommodate a single-use strip
commercial type of use which will not compete with the redevelopment
efforts in the City's Central Business District. Based upon the above, the
proposal is not inconsistent with this Policy.
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 General Commercial land use designation will allow the following
zoning classifications: GC (General Commercial), PC (Planned Commercial), AC
(Automotive Commercial), NC (Neighborhood Commercial), POC (Planned
Office Center), POD (Professional and Office District), RT (Resort Tourism), CF
(Community Facilities), OS (Open Space), and OSR (Open Space and
Recreation).
In conjunction with the F utu re Land Use Map amendment to General
Commercial, a rezoning to GC (General Commercial) is being sought. The
FLUM amendment and rezoning to GC are being processed concurrently to
facilitate the construction of a gasoline service station. Within the GC zone
district, gasoline stations are allowed as a conditional use.
,
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 5
Adjacent land Use Map Designations. Zoning Designations & land Uses:
.MQrfu: North of the property, across Linton Boulevard, has a Future Land Use
Map designation of General Commercial and Medium Density Residential 5-12
du/acre. The properties are zoned POD (Professional and Office District) and
RM (Medium Density Residential). The existing land uses are First Union Bank
and Delray Estates multiple family development.
South and West: South and West of the property has a Transitional land use
designation and is zoned RM (Medium Density Residential). The existing land
use is the Spring Harbor multiple family development.
.E.am: East of the property, across Congress Avenue, has a Future Land Use
Map designation of Transitional and is zoned POCo The existing land use to the
east is a nonconforming auto repair facility (Goodman's Auto Service Center).
Allowable land Uses:
Under the current Transitional FLUM designation, office and neighborhood
commercial developments (POC, POD, RO, and NC) are allowed as well as
residential zoning districts which accommodate single family and multiple family
units (R-1-A thru R-1-AAA, RL, PRD, and RM). The property is currently zoned
POC which allows business and professional office uses.
Under the proposed General Commercial FLUM designation, commercial
developments (GC, PC, NC , AC, RT, POC and POD) are allowed. The applicant
has requested a zoning designation of GC (General Commercial), which permits
high jntensity commercial uses such as gasoline stations, convenience stores,
and fast food restaurants as well as office and other retail uses.
land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional land use designation is applied to land which is developed, or is to
be developed, for either residential or nonresidential uses. In some instances,
this designation provides for a transition between less intensive residential use
and commercial uses. In other instances, this designation allows the
establishment of uses which are compatible with adjacent residential uses. The
proposed General Commercial land use designation is to be applied to land
which is, or should be, developed for general commercial purposes e.g. retail,
office, services.
The adjacent property to the south and west has a Transitional land use
designation, zoned RM (Medium Density Residential), and contains a multiple
family development (Spring Harbor). Compatibility with the adjacent residential
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 6
development is a concern as the potential general commercial uses may
negatively impact the existing residences. Although there is an existing 6' c.b.s.
wall separating the subject property from the multiple family development, there
are concerns with respect to hours of operation, noise and traffic.
The other three corners of this intersection are developed with a shopping center
at the northeast corner (Linton Square), an auto repair facility at the southeast
corner and a bank at the northwest corner. The developments at the northeast
and southeast corners of the property are situated between Congress Avenue
and the Seaboard Coastline Railroad tracks on land which was previously
designated as Industrial many years ago. These properties are separated from
the multiple family developments to the west by Congress Avenue and abut
office and vacant industrial land.
The property at the northwest corner abuts residential development and is
separated by a wall and landscaping which is similar to what exists at the south
and west perimeter of the subject property. Office developments provide a better
transition between more intense commercial uses and residential development.
Office development may be more appropriate at these locations as offices
typically have hours of operation which start at 8:00 a.m. and do not extend past
6:00 p.m. Commercial uses which would locate at a busy intersection such as
this (Le. gasoline station, convenience store), are typically open 24 hours. The
noise, light and glare created by these uses is inappropriate when they abut a
residential development. While peak hour traffic generation of the office may
occur during the morning and evening hours, traffic to a commercial business will
be continuous with peak hours coinciding with normal peak traffic hours.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Water & Sewer:
Water service is available via service lateral connection to an 8" water main
along the west side of Congress Avenue. Adequate fire suppression is provided
via an existing fire hydrant at the southeast corner of the site. Sewer service is
available via installation of a private lift station and connection to a 10" sewer
force main within Congress Avenue. Water and sewer service will be further
addressed with a site plan submittal. Pursuant to the Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant and the South
Central County Waste Water Treatment Plant for the City at build-out.
,
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
to GC
Page 7
Drainage:
With FLUM and rezoning requests drainage plans are not required. With a full
site plan submittal, drainage plans will be required which comply with South
Florida Water Management District standards. No problems are anticipated.
Traffic:
Under the current Transitional FLUM designation, the maximum development
potential would be 7,405 sq.ft. of retail generating 765 average daily trips [NC
(Neighborhood Commercial) zoning]. With development under the current POC
office designation a maximum of 8,886 sq.ft. of office generating 225 average
daily trips is possible. Under the proposed General Commercial land use and
zoning designations, the maximum development potential would be a 3,000 sq.ft.
fast food restaurant generating 1,327 trips. Thus, the FLUM amendment and
rezoning have the potential to create a traffic increase. Traffic concurrency with
respect to individual site development proposals must be addressed with review
of a specific site development plan.
Currently, all roadway links within a one-mile radius of the property are operating
at level of service "0", except for Linton Boulevard, between Congress Avenue
and Military Trail, and 1-95 and Waterford Place, which are operating at level of
service "E".
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus,
the~e will be no impact on this level of service standard.
Solid Waste:
Trash generated each year by the proposed commercial use would be equal to
or slightly greater than trash generated from the uses allowed by the applicable
zoning districts of the Transitional land use designation (POC, POD, NC). The
development of these properties under the General Commercial land use
designation should not create an adverse impact on this level of service
standard.
I[i.[[i.[[::[:::~::i[::[[::::[:i[[[:i.:~:~:[:~::[:::i~:::::~:[:::[[:::[[i[[:i:~[~~ji[::i:[[:[[:[j::~l[::ijjj~:j:i[:[:[:ii.i.;[~~[:::i[~::~~tg:::llltl:Ui[::g::[;[:::[1:::Ni:[I:::J.f:iMj:jl~;f!:~:~[::j[:ji:::::~~ii::[::::~::[[:[[j[j[tj[:::[j:~:~:::::[[I:[:j[[::[::[!![[j:jI[[[i.;;[[[:~:i.it:::[[:::::i.::::::~::::~::::1
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
,
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 8
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency
were previously discussed under the Future Land Use Map Analysis section of
this report. Compliance with respect to Compliance with the Land
Development Regulations (Standards for Rezoning Actions, Rezoning
Findings) are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards A and 8 are not
applicable. The applicable performance standard of Section 3.3.2 is as
follows:
(C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it. Where existing strip
commercial areas or zoning exists along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The proposed GC zoning would allow strip commercial zoning on a vacant
parcel of land. The subject property has a size that is typical of an out-
parcel of a shopping center and has a depth of only 177 feet. As the
property to the south and west is currently developed, there is no ability to
aggregate additional land.
(D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The properties to the north and east are commercial in character and are
zoned POD (Professional and Office District), PC (Planned Commercial)
and POC (Planned Office Center). To the south, west and northwest is
,
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 9
zoned RM (Medium Density Residential). Compatibility with the adjacent
residential properties is a concern. As previously stated under the Future
Land Use Map Analysis of this report, the GC (General Commercial
zoning designation allows uses that are much more intense than those
allowed in the POC zone district. As the potential uses are usually in
operation for 24 hours, there are concerns with respect to noise, traffic
and odors from the development. While there are regulations in place for
nonresidential uses adjacent to the residential development to provide
trees every 25 feet along with a wall or hedge to mitigate impacts, the
intensity of use remains a concern.
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; and,
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site andlor
neighborhood.
The applicant has submitted a justification statement which states the
following:
'We are requesting a change in the zoning of this property from POC,
Planned Office Center, to GC, General Commercial. This request for a
change in the zoning is due to a change in circumstances which makes
the requested GC zoning more appropriate for this parcel.
As per Section 4.4.9(A) of the Delray Beach Land Development Code,
"General Commercial District provides basic regulations for small parcels
which are best suited for general retail... but which are not of sufficient
size to be designed in a planned sense. ... The GC designation is to
be applied primarily along arterial and collector streets. 11
The subject parcel is a 0.68 acre parcel which is not of sufficient size to be
designed in a planned sense. The site is adjacent to two major arterials,
,
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 10
Congress Ave. and Linton Blvd. In addition, 1-95 is approximately 1/4 mile
from the site. The location of the site in relation to these major
thoroughfares lends itself to the GC zoning.
The GC zoning, with a service station, would promote public convenience.
With the concentrated residential areas to the west, a service station
would provide a convenient location for the local residents as they enter
and exit /-95. Also, with the concentrated commercial and industrial areas
along Congress Ave., the service station will also benefit the local
residential areas by providing a convenient and accessible facility for the
employees of the varying businesses, without passing through the
residential areas, as currently required.
Pursuant to Section 4.4. 15(A)(1) and (2), "Planned Office Center District
provides for the concentration of offices and support uses in a well
planned and managed environment." "A POC is to be planned and
developed on land under unified control and as a single development,
or in a programmed series of development phases. "
This site does not lend itself the concentration of offices, nor is there
unified control. The POC zoning is broken by varying zoning districts
which include: Planned Commercial, Mixed Industrial - Commercial,
Industrial, Planned Commerce Commercial, Residential (rental
apartments) and Planned Office Center. This parcel is owned
independently of parcels which are zoned POCo The General Commercial
zoning designation requested for this parcel would not be adverse to the
zonings of the surrounding area. The service station use is appropriate
for this parcel due to its location, and the benefit to the surrounding
properties, both residential and non-residential, which will be provided.
In conclusion, as you review our request for rezoning, recall Section
4.4.9(A) of the Land Development Code: "General Commercial District
provides basic regulations for small parcels which are best suited for
general retail... but which are not of sufficient size to be designed in a
planned sense. ... The GC designation is to be applied primarily along
arterial and collector streets. "
Comment: The justification statement addresses Item "b" as the basis for which
the rezoning should be granted, that there has been a change in circumstances
which make the current zoning inappropriate. While the purpose and intent of
the GC zone district does state that the GC zoning is appropriate along arterial
and collector streets, compatibility of the GC zoning with the adjacent zoning and
uses must also be taken into consideration as discussed previously in this report.
It is questionable as to whether there has been a change in circumstances that
makes the GC zoning appropriate.
,
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 11
While the POC zone district is inappropriate on a parcel of this size due its
development standards, other zoning designations that are consistent with the
Transitional land use designation [such as POD (Professional Office District)]
would be more appropriate for the property. The POD zone district was created
"in order to provide very limited application of professional, office, and similar
intensity uses to small parcels on properties designated as Transitional on the
Future Land Use Map and thus mitigate against adverse effects which may occur
with higher intensity application of such usage".
The POD permits the same uses that allowed in the POC zone district without
the stringent development standards with respect to unified control and parcel
sizes, which would make it appropriate for the site.
With respect to the statement regarding vehicles passing through residential
developments to access gasoline stations, the nearest gasoline stations are
located along arterial roadways and are surrounded by commercial development.
The businesses are accessed by the arterial and collector roadways and not
through residential developments.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
As previously stated, the property does not meet the minimum development size
of the current POC zoning district which is 4 acres with individual lot sizes of 1
acre. Also, the POC zone district has excessive building setback requirement for
a parcel of this size. These requirements along with special landscape
requirement along Linton Boulevard and Congress Avenue of 17 feet make the
property undevelopable. In any event, the property should be considered for
rezoning to a zone district with less restrictive development standards.
If the rezoning to GC is approved, a conditional use application to construct a
gasoline station is anticipated. There are specific development standards in the
LORs which pertain to gasoline stations outlined in LOR Section 4.3.3(J).
ti.~~i.:~::::::::::::::::::j:i.::i.:::[:::i1\i:[\i\ji:::ii.:i:i:i:r::::\:::::::):::1:\!::~\:::[\:::::\::ii.::::::!::::::i:::~:~:~!::[a::::I~i:~:~:J:!:g::~~::[\i.::I~~:Miw:~:;:I::~re!::I::i:I::I:):I:::[:;:::i.:::::::)::ii,!:;:::::::::::::::~:ii:j:::::::::::::::::::::ji:;i.i:i::::::~i:::i.:::::;::::!::!:::j:[[::::::::::::r~i::il
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency, ODA (Downtown Development
Authority), or the HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy Notices have been provided to the following homeowner's and civic
associations:
, '
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 12
Crosswinds
Crosswinds Single Family Section Pines of Delray East
Crosswinds Master Association Pines of Delray West
Eastwinds of Crosswinds Progressive Residents of Delray(PROD)
Southwinds of Crosswinds Sabal Pine Condominium East, Inc.
Delray Property Owners Sabal Pine East Association
Pines of Delray Sabal Pine South Association
Minto Builders Florida, Inc. (Spring Harbor)
.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Letters of objection and support, if any, will be presented
at the Planning and Zoning Board meeting.
I[i::jii::[;iii~::::~:i:iii:::::::i~::::i:::::~i::::::::~:::::ji::::::i::::~:~::I:~~::::~:~::g::$:$:i:iM::i.g'::'I~:im~::i:~:~:li::I::::g::::::[~::I:~:I)~:I:i:l::::g:::I:::~1:iJiimi::II:::::i::i:!i::!i::::j::!:~:i:::i:::::::::::i[;:i:::![::::::::!:::::::ii::!:::~1
With the Future Land Use Map Amendment from Transitional to General
Commercial positive findings with respect to compatibility are unable to be made.
Compatibility of the GC zoning and its potential uses with the adjacent residential
development is a concern. It does not appear that a positive finding can be
made with one of the three reasons listed in LOR Section 2.4.5(0)(5) for which a
rezoning should be granted. If the rezoning to GC is not granted, the property
should at a future date be rezoned from POC to POD, as the POC development
standards are not appropriate for a parcel of this size.
~:!:i:i:::::!:::::::::::~:::~:::::~::~::~:::~:i::i::::~::~i:~:i:i::::i~:::~:~~:::::i:~::':~:i~i~::~:::~:::::~:::::::::~".g<m~:g::.R:::.N::::t1:::m::.li::ri~:!::::::::::lil:::li!":i:I:~::B!:il::::ii::[::::j:::j:[i::~::::::i::::::::::::::::~:~~::~~~:::::::::::::i::;:~::~:~~:i::::;::::::::::::!::;::::i:~j::::1
J Continue with direction.
Recommend approval of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POC
to GC based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LOR Sections 2.4.5(D)(5)(b).
C. Recommend denial of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POC
to GC based upon a failure to make 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(0)(5).
,
.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC
toGC
Page 13
~[~:i[~[~[:i:[:::i.:::::j~[i:[:t[~i.[[~::[ji.~:ji.[j::i.~:::::~[i.i.[j[:tti.i.[:l.::i.[j[j:[~:[m[I;[:ffl:i.:f.t~j*i.[I::I:~I!\1~1:~MtIBI~lllllltlt.~1i~!t.J.l1f,11i.~tff1ji;::j::~lt::[j::ii~j:~:
Recommend to the City Commission denial of the Small-Scale Future Land Use
Map Amendment from Transitional to General Commercial and the rezoning
request from POC to GC based upon a failure to make positive findings with
respect to policies of the Comprehensive Plan, and Chapter 3 (Performance
Standards) and Section 2.4.5(0)(5) of the Land Development Regulations.
Attachment:
0 Location Map
This Staff Report prepared by: Jeff Costello. Senior Planner
.
I
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 07vl
SUBJECT: AGENDA ITEM # I~.B - MEETING OF DECEMBER 5. 1995
FIRST READING FOR ORDINANCE NO. 82-95 (REZONING
PROPERTY ADJACENT TO PINE GROVE ELEMENTARY SCHOOL)
DATE: NOVEMBER 30, 1995
This is first reading for Ordinance No. 82-95 which rezones a
5.03 acre vacant parcel of land from RM (Medium Density
Residential) District to CF (Community Facilities) District. The
subject property is located at the southeast corner of S.W. 10th
Street and S. W. 7th Avenue, immediately west of and adjacent to
the Pine Grove Elementary School site. The purpose of the
rezoning is to accommodate an expansion of the school for
recreational facilities and playground equipment.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that
the rezoning be approved, based on 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 LDR Section 2.4.5(D)(5).
Recommend approval of Ordinance No. 82-95 on first reading. If
passed, a public hearing will be held on January 2, 1996.
f{l;~ .5-0
ref:agmemo8
.
I
t
_.
- -,-- .--'- " ..~._._~------~ - ._- , --.- - ~.-._-_. -- _.-..- _u. - ---. .--~- .~. -
-. - _. . -- --._.---- . .-
82-95 I
ORDINANCE NO.
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
! DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) I
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF f
S.W. 10TH STREET AND S.W. 7TH AVENUE, IMMEDIATELY
WEST OF AND ADJACENT TO PINE GROVE ELEMENTARY SCHOOL,
AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
II ZONING MAP OF DELRAY BEACH, FLORIDA, 199411;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the I
Zoning District Map of the City of Oelray Beach, Florida, dated April,
1994, as being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of November 20, 1995, the Planning r
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 I
WHEREAS, it is appropriate that the Zoning District Map of i
I
the City of Delray Beach, Florida, dated April, 1994, be amended to I
I
reflect the revised zoning classification. ,
I
I
,- ,
I
NOW, THEREFORE, BE IT ORDAINED Bt THE CITY COMMISSION OF THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
Section 1. That the Zoning District Map of the City of i
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:
Block A, RIDGEWOOD HEIGHTS (including the abandoned
alleyways lying within said Block A), as recorded in
Plat Book 14, Page 44, of the Public Records of Palm
Beach County, Florida, and the West Half (W 1/2) of i
the abandoned right-of-way of S.W. 6th Avenue lying i
I
east of and adjacent to Lot 1, and Lots 22 thru 31, I
Block A, RIOGEWOOD HEIGHTS. !
i
The subject property is located at the southeast
corner of S.W. 10th Street and S.W. 7th Avenue, !
immediately west of and adjacent to Pine Grove :
:
Elementary School; containing 5.03 acres, more or
less.
,
I
.--.--. _..~ - . -- -- .--~. ~_.- -
,. , -.. .... ~. . ...... - ~... _. -.-. --'.'---~ ,'-._-- --'-'-_.~.--.._- -._-- ---- ..- C~~:' shall, .,
Section 2. That the Planning Director of said
upon the effective date of this ordinance, amend the Zoning Map of the
I City of Delray Beach, Florida, to conform with the provisions of
!I
Section 1 hereof.
i
Section 3. That all ordinances or parts of ordinances in I
conflict herewith be, and the same are hereby repealed.
Section 4. That should 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 , 1996.
MAY 0 R
ATTEST: I
I
i
City Clerk I
I
First Reading I
I
Second Reading ,
I
I
I
I
- 2 - Ord. No. 82-95
,
I
"
I \I I \I I I I I II
5, W, 7TH ST,
ST. !s! ..l ~ CF
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N PINE GROVE ELEMENTARY SCHOOL
-
PlANN'NC OEPARTloAENT R E Z 0 N I N G
ory or ll(lRAY BEACH, Fl
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l:Jv'\
CITY COMMISSION DOCUMENTATION
TO: DAN;EN. CITY MANAGER
THRU: DIA W,
DEPARTMENT OF P
FROM: ~K~lANNER
SUBJECT: MEETING OF OCTOBER 10,1995
REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR BLOCK A, LOTS 1-31 OF THE
RIDGEWOOD HEIGHTS SUBDIVISION.
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 RM (Multiple Family Residential)
to CF (Community Facilities) for Pine Grove Elementary School.
The subject property is located south of S.W. 10th Street, on the east side of
S. W. 7th Avenue, and contains approximately 5.03 acres.
BACKGROUND:
Currently, the subject property is vacant and involves all of Block A of the Ridgewood
Heights subdivision. The property is owned by Palm Beach County School Board. The
rezoning is being sought to accommodate an expansion to Pine Grove Elementary
School for recreational facilities and playground equipment. 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 November 20, 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 RM to CF for Pine Grove Elementary School
Page 2
RECOMMENDED ACTION:
Q By motion, approve on first reading the ordinance rezoning Block A, Lots
1-31 of the Ridgewood Heights subdivision from RM (Multiple Family
Residential) to CF (Community Facilities), and setting a public hearing
date of January 2, 1995.
Attachments:
. P&Z Staff Report and Documentation of November 20, 1995
. Ordinance by Others
.
.
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.A.
ITEM: Rezoning from RM to CF for the establishment a public park associated
with an existing elementary school, located at the southeast corner of
SW 10th Street and SW 7th Avenue. .
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GENERAL DATA:
Owner........................................ School Board of Palm Beach County
Agent......................................... Jan C. Hansen, AICP
Location..................................... Southeast corner of SW 10th street and SW 7th Avenue.
Property Size............................. 5.03 Acres
Future Land Use Map................ Medium Density Residential
Current Zoning.......................... RM (Medium Density Residential)
Proposed Zoning....................... CF (Community Facilities)
Adjacent Zoning...............North: R-1-A (Single Family Residential)
East: CF
South: R-1-A
West: R-1-A
Existing Land Use.................... Vacant.
Proposed Land Use................... Rezoning from RM to CF to accommodate the establishment of
a 5 acre public park with associated recreation buildings
adjacent to the existing 10 acre elementary school site.
Water Service............................ Existing 6" water main in SW 10th Street.
Existing 8" water main in SW 7th Avenue.
Existing 8" water main stub out in abandoned SW 6th Avenue
right-of-way.
Sewer Service........................... Existing 8" sanitary sewer main in SW 10th Street.
Existing 8" sanitary sewer main in SW 7th Avenue.
V.A.
,
The action before the Board is making a recommendation on a rezoning request from
RM (Medium Density Residential) to CF (Community Facilities) for Pine Grove School.
The subject property is located south of S.W. 10th, on the east side of S.W. 7th Avenue
and contains approximately 5.03 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.
A Conditional Use to allow the expansion of Pine Grove Elementary School is being
processed concurrently with the Rezoning and is discussed in a separate Staff Report.
.
1~~i~jf,;f~~jiwi~~~~::~i:t~~::~1::~~i:~~:i:::iill~~i~jjj~j:~~~~~~~1~j:~:jj:~ij::[:jj1~~~~j:~~~1~~:~~~~~~~i~:::!.~~IIIIIIIIIQI:lr;j?i::~:rm~::t~t~~tlili~mifiltfjtilltl~l1~1l1~:&i~:;1!j~[i:ttl
The subject property consists of all of Block A. Lots 1-31 of the Ridgewood Heights
..Iobdivision, which was platted in 1925.
In 1982, the subject property received a change in ~oning from R-1A (Single Family
Residential) to SAD (Special Activity District), Conditional Use and Site Plan approval
to allow a multiple family development consisting of 40 units known as Pine Forest.
Subsequent to that action, the City Commission in 1983 approved an abandonment of a
north/south and east/west alley and a portion of S. W. 6th Avenue (between SW 10th
Street and SW 11 th Street) to allow for a unified development. The site plan has since
expired and the project was never built.
In 1990, with the Citywide rezoning and adoption of the Land Development
Regulations, the zoning was changed from SAD to RM (Multiple Family Residential).
The Palm Beach County School Board has since purchased the property and wishes to
construct a playground and recreational facilities for Pine Grove Elementary School.
.111~;t~?J~~il::i~t~~I:~i~j::j;I;;ji::;;;~I::;:j~;;~;~':~~jj;:::j:ijBRI4111;:I_.III;:1;1~:~:I:f~i~r~:~tf~~::~~j;:m~I~I:~:~~~r~i:~"iti~~jll~i!~~1~:~:;jffi~i1~j:
The development proposal is to rezone a vacant parcel of land from RM to CF. The
rezoning is being requested by the Palm Beach County School Board to accommodate
an expansion to the Pine Grove Elementary School for a playground and recreational
facilities. The City of Delray Beach has entered into an lnterlocal agreement with the
School Board for participation in the development of the parcel which in return will allow
public use of these facilities. The accompanying sketch plan indicates that the project
will be built in two phases. Phase one will consist of the construction of a ball field, and
playground equipment. Phase II will consist of a parking lot, two basketball courts,
pedestrian pathway, and restroom facilities.
,
.
P&Z Staff Report
Rezoning from RM to CF for Pine Grove School
Page 2
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the 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 Medium
Density Residential. The requested zoning change is from RM to CF. The proposed
zoning designation of CF is consistent with the Medium Density Residential Future
Land Use Map designation. Pursuant to LOR Section 4.4.21 (O){2) Schools and its
~essory uses are allowed as a Conditional Use in the CF zone District.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to ~ew 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 RM zoning
designation generally permits multiple family dvvellings at a maximum density of 12
units per acre. The Palm Beach County Traffic Performance Standard Ordinance
establishes traffic generation rates of 7 ADT per unit for a multiple-family unit.
Development of the site with RM zoning and a density of 12 units per acre (SO units)
would generate 420 ADT. The development of recreational facilities as an accessory
use to the school will not generate any new trips. Thus, a potential for a reduction in
420 ADT could result from the proposed rezoning.
Water and Sewer:
Preliminary engineering plans were not submitted with the application. Hovvever,
water and sewer service is available to the site via existing 8- mains located in SW 7th
Avenue. The addition of one restroom facility will create little or no impact on meeting
this level of service.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
,
.
P&Z Staff Report
Rezoning from RM to CF for Pine Grove School
Page 3
Solid Waste:
Solid Waste Authority does not object to projects which generate less than 10 tons of
solid waste per year. As the generation rate for a playground area is negligible there
will be minimal impact on this level of service.
Consistency: Compliance with the performance standards set forth' in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(0)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency. ,
Section 3.3.2 (Standards for 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.
Parcels adjacent to and near the subject parcel are primarily residential. The
rezoning will allow the expansion of the school, which has not experienced any
compatibility problems to date. Comprehensive Plan policies support investment
and physical improvements to the older schools to help stabilize the surrounding
neighborhoods. The addition of the recreational facilities should have a positive
affect on the adjacent properties by allowing the residents access to recreational
facilities within their own neighborhood.
Section 2.4.5(DlC5} (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:
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 Staff Report
Rezoning from RM to CF for Pine Grove School
Page 4
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 subject property was zoned for residential development. Prior to the School
Board acquiring the property, this was an appropriate category. However, the
growth of Pine Grove Elementary both in population and facility, necessitated the
acquisition of adjacent property to expand the campus. The use of the subject
property will be playground and park facilities for use by the public, therefor a
classification to a public category (eF) is more appropriate at this time.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policies and objectives were found.
Housing Element Policy 8-2.5: .
Policy B-2.5 states: that the future of the three active public schools (Spady,
Pine grove, and Carver) which are located in "rehabilitation areas" are vital to
>- the future of the associated neighborhoods. The Palm Beach County School
District must provide investment in physical improvements and staffing and
curriculum in order to have these facilities be assets to the neighborhoods. To
these ends the land Use Element shall design~te these sites as bein'g restricted
only for public purposes, and the Intergovernmental Coordination Element shall
establish a specific program of interaction with the School District on this matter.
Land Use Element Objective D:
Objective D states: To enhance the role of schools in their neighborhoods and
have the school facility aid in the goals and objectives of other elements which
are directed toward the stabilization and revitalization of neighborhoods.
Pine Grove Elementary School is located in a rehabilitation area. The expansion of the
school will provide an investment in physical improvements upon the land, and provide
recreational opportunities that will be an asset for the adjacent neighborhoods. Thus,
the above policy and objective has been met.
Comoliance with Land Development ReQulations: 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
applicationlrequest.
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.
P&Z Staff Report
Rezoning from RM to CF for Pine Grove School
Page 5
LOR 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 north, south, and western boundary of the project, and a 15' landscape buffer
is proposed.
LDR Section 4.6.9 Parking: 4
The proposed recreational facilities are considered an accessory use to the school and
do not require additional parking per code. The sketch plan does however, provide for
a parking lot with 12 parking spaces taking access from SW 7th Avenue. This parking
..;rea would be available for public use.
LDR Section 6.1.3 Sidewalks:
-.
Currently sidewalks exist along SW 4th Avenue and SW 10th Street. A sidewalk does
not exist along SW 7th Avenue or SW 11 th Street. Pursuant to LOR Section 6.1.3
sidewalks will be required along both of these right-of-ways with the development of
this site. It would be appropriate to install the sidewalk along SW 7t~ Avenue with the
construction of the parking lot with Phase II improvements. A waiver of the sidewalk
requirement along SW 11 th Street would be appropriate as SW 11 th Street dead-ends
at the school property and no houses exist along the south side of the street. This item
can further be addressed with the approval of the site plan.
LOR 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.
r~::11J::llllf~~~~:*ll~i:[[1~ll:~~1~ti\111~~1'~t~~~liti::~~~i:1~11:Jl:!~I.I..~mllli.fF.~.':'; :~..' ."~,:'...~':'.,;~:.':::~1I11~llfi~l*if.~i:
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), ODA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
,
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P&Z Staff Report
Rezoning from RM to CF for Pine Grove School
Page 6
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
A courtesy notice was sent to:
0 Rosemont Homeowners Association
Letters of objection, if any, will be presented at the P & Z Board meeting.
. . ":~;~~~\';~~J.1rl!lii~!~~r.f~\~t:l.i.IIi.1.1.IIIIIIIIIJi!~1_'~f,i~11ftli:
The proposed rezoning of the subject property to CF accommodates an expansion to
the existing school for recreational purposes beneffling both the school and the general
public. The improvements to the school may help to stabilize the surrounding
neighborhoods which is a goal outlined in the Comprehensive Plan. All required public
facilities and services are available to serve the proposed development. The CF
~ing district is consistent with the Medium 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 for the School Board property to CF is recommended
for approval.
I ... ..... . ... ....... .. ..... .1
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A. Continue with direction.
B. Recommend rezoning of the subject property from RM 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.
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Recommend approval of the rezoning request for Block A, Lots 1-31 of the Ridgewood
Heights subdivision from RM (Multiple 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 Sketch Plan
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CllY MANAG~
FROM: DIANE DOMINGUEZ. DIRECTOR' c ~)
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 6,1995
AMENDMENT TO LDR SECTIONS 2.2.3 (D), 2.2.6(D)(6) AND
4.4.16(C)(2), REGARDING THE AUTHORITY TO GRANT WAIVERS
TO THE LANDSCAPE REGULATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for amendments
to the Land Development Regulations regarding waivers to the landscape code. The
affected sections are 2.2.3 The Site Plan Review and Appearance Board, 2.2.6 The
Historic Preservation Board. and 4.1.16 Landscape Regulations.
BACKGROUND:
Currently, waivers to the landscape regulations must be acted upon by the City
Commission, subsequent to a recommendation by the Board that approves the site
plan (SPRAB or HPB). Typically, waiver requests are routine items that are placed on
the Commission's consent agenda. Referring the waivers to the Commission generally
adds several weeks to the site plan process, and requires additional staff time in
preparing and reviewing special documentation. This amendment will allow the
approving boards to take final action on the waivers. As with all other board actions,
the Commission would have the ability to appeal the waivers.
For additional background and analysis, refer to the attached P & Z staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of November 20,
1995. There was no public testimony on the item, and the board voted unanimously to
approve the LDR amendments.
RECOMMENDED ACTION:
0 By motion, approve the amendments to LDR Sections 2.2.3, 2.2.6, and
4.6.16 of the Land Development Regulations
fJIJ.sse.d. 1$ r RSRO/I'kj
Attachments: S -0 1.:J./.5/95
. p & Z Staff Report of November 20, 1995
. Ordinance by others /~ . (!,
.
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ORDINANCE NO. 83-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF -
-
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.3, "THE
SITE PLAN REVIEW AND APPEARANCE BOARD" , SECTION
2.2.6, "THE HISTORIC PRESERVATION BOARD", AND SECTION
4.6.16, "LANDSCAPE REGULATIONS" , SUBSECTION
4.6.16(C), "COMPLIANCE AND RELIEF" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ASSIGNING THE AUTHORITY TO GRANT WAIVERS TO
LANDSCAPE REGULATIONS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD AND THE HISTORIC PRESERVATION BOARD,
AS APPROPRIATE; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at the meeting on November
20, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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, "Administrative Provisions II,
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.3, liThe Site Plan Review and
Appearance Board II , Subsection 2.2.3(0), "Duties, Powers, and
Responsibilities", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Duties. Powers. and Responsibilities:
(1) The Board hereby has the authority to take action
on the following items pursuant to the procedures and standards of the
LDRs:
* Certain site and development plans, as provided in
this code
* Granting of relief from the number of parking
spaces required for specific uses pursuant to
Section 4.6.9(C)(1)(g)
* Granting of relief to Section 4.6.16 through the
-
waiver process [Section 2.4.7(Bll
, , _ ______ __ _ ~__m___ ___ ___ ____ ------
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* Preliminary and final landscape plans
-.
* Master Sign Programs
* Signage as allowed by Section 4.6.7
* Appeal of administrative interpretations made in
application of the sign code and the landscaping -
code
* Architectural Elevations
* Streets cape and landscape features (e.g. walls,
fences, lighting, dumpster enclosures, etc. ) ~
(2) To provide "good offices" and assistance to other
governmental boards, commissions, and committees in the fulfillment of . .
goals, objectives and policies of the Comprehensive Plan.
Section 2 . That Chapter Two, "Administrative Provisions II,
Article 2.2, .Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.6, "The Historic Preservation
Board" , Subsection 2.2.6(D), "Duties, Powers, and Responsibilities",
subparagraph 2.2.6(0) (6), of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows: . -
(6) Act in lieu of Board of Adjustment. The Historic
Preservation Board shall act in lieu of the Board of Adjustment and is
empowered to grant variances from existing ordinances for properties
designated as historic sites, within designated historic districts or
listed on the Local Register of Historic Places. In addition, the
Board is empowered to grant variances from the sign code for those
nonconforming signs which existed at the time of enactment of the sign
code and relief to Section 4.6.16 throuqh the waiver process rSection
2.4.7lBl1.
Section 3. That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape
Regulations", Subsection 4.6.16(C), .Compliance and Relief" , of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(C) Coapliance and Relief:
(1) Compliance: Prior to the issuance of a building
permit for structure or any paving permit, or prior to proposed
upgrading of landscaping on an existing site (excluding existing
single family detached development), compliance with the requirements
of this Section 4.6.16 shall be assured through the review and
approval of a landscape plan submitted pursuant to Section 2.4.3(C).
- 2 - Ord. No. 83-95
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(2) Relief: ~;Jt;,//,t~~//t~;//,t~yt.t~~_//~'//t~t.
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t)i;/;t~y;i:_;i:~Ji;/~'/t)1;i:_/;;~tt~Ji/_)1jiJ~/~;/t)1;/~;i:ty/~~~~t__t~~1 A waiver
of the requirements of this section may be qranted by the body or
board which is empowered to approve or deny the site and development
plan. Waivers shall be qranted pursuant to the provisions of Section
2.4.7CBl. Waivers.
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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on, second and final
reading on this the day of , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 83-95
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 20, 1995
AGENDA ITEM: V. K. AMENDMENT TO LDR SECTIONS 2.2.3(0), 2.2.6
(0)(6), 4.6.16(C)(2) WHICH ASSIGNS AUTHORITY
TO GRANT WAIVERS TO THE PROVISIONS OF
THE LANDSCAPE CODE.
ITEM BEFORE THE BOARD:
The ~tem before the Board is that of making a recommendation to the City
Commission regarding amendments to Sections 2.2.3, 2.2.6, and 4.6.16 of the
Land Development Regulations (Landscape waivers).
.-
BACKGROUND:
Prior to the adoption of the LOR's in October, 1990 all adjustments, waivers
and variances of the code were granted by the City Commission and the Board
of Adjustment, respectively. With the adoption of LOR's certain waiver and
variance powers were delegated to Boards which act on the attendant
development plans. These included the Historic Preservation Board which can
act in lieu of the Board of Adjustment in granting variances from existing
ordinances for Historic Sites and the sign code for nonconforming signs under
Section 2.2.6 (D)(6). The Site Plan Review and Appearance Board has the
authority to grant relief from number of parking spaces [Section 4.6.9 (C)(1 )(g)]
as noted in Section 2.2.3. (0)(1). In addition, both the Historic Preservation
Board and the Site Plan Review and Appearance Board have the authority
under Section 2.4.7(C) to grant an adjustment involving a lessening, or total
waiver of development standards which affect the spa"tral relationship among
improvements which do not affect the perimeter of an overall development plan.
Presently, waivers from the Landscape Code (LOR Section 4.6.16) can only be
granted by City Commission pursuant to Section 4.6.16 (C)(2). These waivers
are reviewed by the Boards which act on the attendant site development plans
and recommendations are then made to City Commission. The waiver requests
are then placed on the City Commission's Consent Agenda for approval. In
reviewing the landscape waivers considered by City Commission in the last year
it is noted that twelve waiver requests were placed on the City Commission's
agenda and all were approved with no discussion. Given the greater familiarity
with the request, as well as the additional staff time necessary to prepare City
Commission documents etc. it would appear appropriate to allow the Boards
which act on the attendant site plans to grant landscape waivers. The City
Commission would still maintain ultimate approval as any waiver would be
appealable by City Commission as with other Board actions.
V.K.
,
.
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ANAL YSIS:
Allowing the Boards which act on the attendant site plans to grant waivers to the
landscape code (Section 4.6.16 ) will require amendment of three LOR Sections.
These include Sections 2.2.3 , Section 2.2.6 and Section 4.6.16 (C)(2).
Sections 2.2.3 and 2.2.6 outline the responsibilities of the Site Plan Review and
Appearance Board and the Historic Preservation Board, respectively. The
proposed amendments to these sections will add "granting of relief from the
landscape code through the waiver process .. as powers of each Board. The
proposed amendment to Section 4.6.16 (C)(2) will remove language which
currently limits the waiver of the landscape code to City Commission only and will
result in a more efficient process. Boards will be required to make the same
findings now required of City Commission as listed under Section 2.4.7 (B).
Section 2.4.7 (B)(5) requires that prior to granting a waiver, the granting body
shall make a finding that the granting of the waiver:
7
* Shall not adversely affect the neighboring area;
* Shall not significantly diminish the provision of public facilities;
* Shall not create an unsafe situation; or,
* Does not result in the granting of a special privilege in that the same
waiver would be granted under similar circumstances on other property
for another applicant or owner.
AL TERNA TIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the LOR amendments to Sections 2.2.3.,2.2.6
and 4.6.16. "
"
3. Recommend denial of the LOR amendments with reason stated.
RECOMMENDED ACTION:
By motion, recommend approval of the amendments to Sections 2.2.3, 2.2.6 and
4.6.16 of the Land Development Regulations to the City Commission.
Attachments
* Proposed LOR amendments
,
Section 2.2.3 The Site Plan Review and Appearance Board
(A) Creation: A Site Plan Review and Appearance Board for the City
of Delray Beach is hereby created. The purpose of this Board is to promote
certain functional and aesthetic goals, objectives and policies as set forth in the
City's Comprehensive Plan.
(B) Composition and Special Qualifications:
(1 ) The Site Plan Review and Appearance Board shall consist
of seven regular members.
(2) One regular member of the Board shall be a registered
architect; one member shall be a landscape architect or a person with expertise
in landscaping or horticulture; and one member shall be either a: registered
architect or a registered professional civil engineer. [Amd. Ord. 23-92'" 8/11/92]
(C) Meetings and Quorum:
(1) The Site Plan Review and Appearance Board shall hold at
least two regularly scheduled business meeting each month with said meetings
being duly noticed and held in the evening hours.
(2) Four members of the Board shall constitute a quorum.
(D) Duties. Powers. and Responsibilities:
(1 ) The Board hereby has the authority to take action on the
following items pursuant to the procedures and standards of the LOR:
* Certain site and development plans, as provided in this
Code
* Granting of relief from the number of parking spaces .,
required for specific uses pursuant to Section 4.6.9(C)(1)(g)
* Granting of relief to Section 4.6.16 through the waiver
process [Section 2.4.7 (B)].
* Preliminary and final landscape plans
* Master Sign Programs
* Signage as allowed by Section 4.6.7
* Appeal of administrative interpretations made in application
of the sign code and the landscaping code
* Architectural Elevations
* Streetscape and Landscape features e.g. walls, fences,
lighting, dumJ:.ster enclosures, etc.
,
Section 2.2.6 The Historic Preservation Board
(D) Duties. Powers. and Responsibilities:
(1) Develop, maintain, and update a survey of archaeological
sites, properties, buildings, structures, and districts of special historic, aesthetic,
architectural, cultural, or social value or interest. The Board will endeavor to
improve, expand, and make more accurate the survey as additional documents,
information, oral histories, and other such materials may become available, and
it will periodically reevaluate the survey. The Board will work with the City
Historical Society, the State Bureau of Historic Preservation, and other
appropriate public and nonprofit organizations in maintaining this survey.
(2) Nominate properties for designation, and regulate such
properties, structures, buildings, sites, districts, and the like so designated as
historic sites and/or historic districts. ,"
(3) Participate in the National Register program to the greatest
possible extent, as defined by the 1981 and subsequent amendments to the
Historic Preservation Act of 1966 and regulations and rules drafted pursuant
hereto by the National Park Service and the State Bureau of Historic
Preservation
(4) Act as a regulatory body to approve, deny, or modify
certificates of appropriateness as specified in Section 2.4.6(J).
(5) Make recommendations concerning land development code
amendments to the Planning and Zoning Board, and concerning building code
amendments to the Chief Building Official, as they apply to Historic structures
and districts.
(6) Act in lieu of Board of Adjustment. The Historic Preservation
Board shall act in lieu of the Board of Adjustment and is empowered to grant \
"
variances from existing ordinances for properties designated as historic sites,
within designated historic districts or listed on the Local Register of Historic
Places. In addition, the Board is empowered to grant variances from the sign
code for those nonconforming signs which existed at the time of enactment of
the sign code and relief to Section 4.6.16 through the waiver process [Section
2.4.7 (B)].
(7) Develop, establish, and regulate guidelines concerning
contemporaneous architectural styles, colors, building materials, and so forth for
historic sites and within historic districts. Such guidelines will be subject to
review by the Site Plan Review and Appearance Board and the Planning and
Zoning Board, and will be subje<.,t to approval by the Commission. The Board's
consideration and approval of certificates of appropriateness under these
guidelines shall be in lieu of consideration and approval by the Site Plan Review
Board.
,
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Section 4.6.16 Landscape Regulations
(C) Compliance and Relief:
(1 ) Compliance: Prior to the issuance of a building permit for
structure or any paving permit, or prior to proposed upgrading of landscaping on
an existing site (excluding existing single family detached development)
compliance with the requirements of this Section 4.6.16 shall be assured through
the review and approval of a landscape plan submitted pursuant to Section
2.4.3(C).
(2) Relief: . Relief from tho provisions of this Section shall only
bo granted through the waiver prooess [Section 2.4.7(B)] excopt that tho only
body authorized to gr:mt a \Naiver from the pmvisions of this Section spall be the
City Commission. A waiver of the requirements of this section may be granted
by the body or Board which is empowered to approve or deny the site and
development plan. Waivers shall be granted pursuant to the provisions of
Section 2.-4.7 (8) . Waivers.
s:landwav
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF DECEMBER 5, 1995
11.B. Comments and Inauiries on Non-Aqenda Items from the
Public - Immediatelv followinq Public Hearinqs.
11.B.1. Joe Camarada, 764 Avocet Road, thanked the City for
installing speed bumps on Carl Bolter Drive which has helped to
slow traffic.
Mr. Camarada reported a pot hole located on the east
lane of Federal Highway, northbound between Linton and Lindell
Boulevards.
Mr. Camarada suggested that the speed limit sign
located at 738 Avocet Road be relocated for better visibility,
possibly to the church parking lot across the street from his
property.
Mr. Camarada requested increased Police patrols in the
area of Avocet Road in the Tropic Palms subdivision for better
enforcement of the speed limit.
Mr. Camarada commented on the poor condition of the
pavement on S.E. 2nd Avenue, just south of Atlantic Avenue.
In response, the City Manager stated that S.E. 2nd
Avenue is on the list of streets to be resurfaced this year. In
regard to Mr. Camarada's other requests, he will have staff check
into the matters.
13. Comments and Inauiries on Non-Aqenda Items.
13.A. City Manaqer stated that he had received a letter from
Walgreens which points out that Christmas Eve and New Year's Eve
both fall on Sundays this year, and that Sunday is the day that
alcoholic beverages cannot be sold until noontime. Walgreens is
requesting that some sort of exception be granted so that their
beverage store could be opened at 9:00 a.m. on both December 24
and December 31, 1995. The City Manager reported that the only
way this could be done would be through the waiver process which
requires advanced advertising and a public hearing. This would
necessitate a special meeting since there is not enough time to
advertise before the last regularly scheduled meeting of the
year. Or, in lieu of the waiver process, the Commission could
declare an emergency in order to act on the request if the
Commission wished to take action.
After brief consideration, it was the consensus of the
Commission to not take any special action to accommodate the
request for an exception since it would not be viewed favorably.
Mayor Lynch asked that the City Manager so notify Walgreens.
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13.B. City Attorney announced the engagement of David Tolces,
Assistant City Attorney, who plans to be married in June, 1996.
13.C. City Commission.
13.C.l. Mrs. Smith pointed out that during the discussion
earlier this evening regarding the Change Order for the municipal
golf course ( Item 9. F. ) , a comment had been made to the affect
that the Fire Inspectors were getting very strict. She noted
that she was aware of one particular alarm company who is
considering going out of the alarm business due to tougher
regulations. Mrs. Smith suggested that perhaps the Commission
should review this issue because the regulations may be too
severe.
Mr. Randolph stated that he appreciated Mrs. Smith's
concerns; however, he was a bit hesitant as he felt it was
important to catch potential problems before they occur in the
interest of public safety.
13.C.2. Dr. Alperin felt that The Legends Tournament and the
accompanying concerts which were held at the Tennis Center
November 30 through December 3, 1995 were a tremendous success.
Dr. Alperin reported that the Principal of Pine Grove
Elementary School is being promoted and will be leaving the
school for his new assignment. Dr. Alperin commented that this
change was very upsetting to him personally as he felt the
principal, Dr. Daniel Alfonso, has preformed excellent service.
He felt that the Commission should make the School Board aware
that the City is knowledgeable of this change and how important
this school is to the community. Dr. Alperin also suggested that
each member of the Commission contact the new principal who will
be assigned to the school in January, 1995.
It was pointed out by Dr. Alperin that the Education
Board is losing a key member who has taken a new job. He
suggested that the news media assist in helping to find qualified
applicants to apply to this Board.
13.C.3. Mr. Ellinqsworth noted that Assistant City Manager, Bob
Barcinski, wrote a very nice letter to the Editor which was
published this morning in The Palm Beach Post.
Mr. Ellingsworth felt that the Legends Tournament and
accompanying concerts were a tremendous success and hoped they
would return to the City next year.
It was pointed out by Mr. Ellingsworth that an
individual had indicated to him that he had made a pledge to the
A & M Marching Band and that no one has contacted him regarding
his pledge. Mr. Ellingsworth asked the City Manager to check to
see if those individuals who had made pledges were never
contacted for their payments.
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13.C.4. Mr. Randolph noted that the Commission's next Regular
Meeting is scheduled for January 2, 1996 and that he would not be
able to attend the meeting. He stated that there may be a
problem having a quorum because of the holiday season.
After discussion, it was the consensus of the
Commission to reschedule the Commission's meeting dates for
January, 1996 as follows:
Regular Meeting - January 9th
Workshop meeting - January 16th
Regular Meeting - January 23rd.
The Annual Town Meeting will be held on January 30,
1996 (tentative date) .
Mr. Randolph suggested that there should be better
marketing for future events such as concerts and tournaments. He
noted that the recent Legends Tournament, with accompanying
concerts, did not have sufficient advertising as many of the
City's citizens were not aware of the event.
It was suggested by Mayor Lynch that Leadership Cable,
along with the news media, could assist in this regard.
The City Manager stated that Palm Acts, Inc. , had
commented that the marketing of the entertainment associated with
the Legends Tournament had been weak and that they plan to do
some joint marketing for future events.
13.C.5. Mavor Lvnch announced that the Sunshine Cup (Junior
Boy's Annual International Tennis Tournament) will be held during
the week of December 10 through December 17, 1995.
It was noted by Mayor Lynch that the City has received
a letter from County Commissioner Mary McCarty regarding the
removal of the concrete barricade on the Linton Boulevard Bridge.
The City Manager explained that the County's Engineer
is agreeable to remove the concrete barrier on the north side of
the bridge which would help to accommodate evacuation in the
event of an emergency. The eastbound traffic will have two
lanes; however, the westbound lanes would be three lanes in order
to accommodate the evacuation process and when the bridge is
opened. The County does not warrant widening the bridge to six
lanes at the present time and prefer to retain the concrete
barrier on the south side in order to accommodate bicycles. The
County request that the Commission take this issue under
consideration.
The Commission agreed with the County's proposal unless
Highland Beach is opposed, in which case the City would
reconsider the issue.
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Mayor Lynch stated that a member of the City Commission
of Boca Raton had contacted him regarding the newly formed South
County Gang Prevention Program and asked if Delray Beach would be
interested in participating in this program. They are asking the
participation of Boca Raton, Delray Beach; Boynton Beach and the
County area west of these three cities. The program, based upon
Broward County's, will focus on this area's problems and would be
more affective if all three cities are in unison. The Sheriff's
Department will be heading the program working in conjunction
with the City's Police Department.
There being no further business, Mayor Lynch declared
the meeting adjourned at 9:00 P.M.
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Board of County Commissioners County Administrator
Ken L. Foster, Chairman Robert Weisman
Burt Aaronson, Vice Chairman \
.~ '
Karen T. Marcus ~
,~
Carol A. Roberts R E r' t: 1\ ! - ~,
Warren H. Newell v ;'; CLl
Mary McCarty DEe - 1 1995
Maude Ford Lee
C fl. I . - - -... ~
November 27, 1995
The Honorable Arlin G. Voress
Mayor, Town of Highland Beach
3614 south ocean Boulevard
Highland Beach, FL 33487 and
The Honorable Tom E. Lynch
Mayor, city of Delray Beac
100 N.W. First Avenue
Delray ch FL 33444
\ .
Dear
Re:
In response to the issue of widening the Linton Bridge, I offer the following
proposal from the county Engineer.
George webb has agreed to remove the concrete barrier on the north s ide -to
facilitate travel off the barrier island should there be the need to evacuate.
However, Engineering staff verified that the traffic does not warrant six-
lanning of the bridge at this time, and the preference is to allow the concrete
barrier to remain on the south side in consideration of the cyclists.
To provide for this accommodation, a change order can be processed at the end of
January to allow the contractor, presently doing the repairs, to remove the north
side barrier when the work is completed.
please consider this proposal, discuss it with your respective commissions and
get back with me. Needless to say, staff will continue to monitor the traffic
flow and re-assess the six-lanning request as traffic demands increase.
Thank you for your unty's position at this time.
commission
MM: gmr
cc: David rden, city Manager, Delray Beach
Mary Ann Mariano, Town Manager, Highland Beach
"An Equal Opportunity - Affirmative Action Employer"
@ prtnt9d on rscycl9d paf)6r P.O. Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2001 FAX: (407) 355-3990
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THE PALM BEACH POST TUESDAY, DECEMBER 5, 1995
:.
Successful magnets show
.'
.'
.'
these programs can work
..
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..
I~ge all parents, teachers and administrators not -
:;:to condemn all magnet programs for the few that
~ay be having difficulties. Look also at those
thai are successful. Magnet programs or, as I prefer
to eml them, programs of choice, offer choices to
stu~ents and parents that may otherwise not be
av~able in a traditional educational environment.
T~y help meet a student's needs and stimulate his
or her learning desire,
as well as help achieve
educational goals.
Report on the suc-
cessful programs, i.e.,
the International Bac-
calaureate at Atlantic
High and Sun coast,
.... others at Atlantic
Higb, the Montessori at S.D. Spady, and the School
of tlle Arts, instead of just raising problems as The
PO$! did in the recent article "Problem kids put
ma:gI1ets in chaos."
~Why are they successful? In my view, because of
parental and citizen involvement, good planning and
le~ership. It takes all to make them successful.
.: 'Programs of choice (magnets) are not in and of
themselves tools for integration. They are a piece of
the puzzle that work if all are involved in making
them work, and they offer choices in a system that
ottierwise may not provide choices.
:: -Robert A. Barcinski, assistant city manager
Delray Beach
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