Loading...
12-05-95 Regular . .' 1_ 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. . -- - ,- I- . . 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 -2- . ~._._, . . 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. -3- ---- , ' 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. Sl:f. /I j) OEl7oum 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 -4- ._-~- 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 -5- . . _._~ ---- .- 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 -6- . - . 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 -7- . 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. . . ' - .- 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 . , ~Ii)~~' . 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 '. . LOCAL Sun-Sentinel, Monday, November 6, 1995 Section B --- 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." . . LOCALNEWS i 0';' ~ 0)::1. ;. ~ g' a 0' ~ ;; "'C t:tl n =' ." Q ~ - ~ Er.:: ~ :::r ~ - IJQ ~ u; ~ ~ .... =; a 2 6. g :xl 3 ~ ~ ~ 5~.!;l ~ : ~ a ~. ~ Ii' a [.8" --l g. ~ g ~ s; ~:xl Ii' t'"' g I ~ ~ I: '< gg n ~ Q . =: ~ 0 Q. a c ~ ~ c. CI ~ g .....:r Q.. ~ ~ -g :T 0 ~ '-' 0 g [(i'; ~ ~ ::g ;.~~ ~-<~ if ~~~(t ~ ~~~ VIet ;~ ~~~;rg ri~ ~ ~ C") ---: Z ;;! 0 0 S; 5 ~ Q) ~ Q) S;l :s: 5' ri g c:: 0 n "0 Q CIl ="":O'Q ~ .., eo a ~ S' ;;i-c . ~ " y Q) g """'l~lJQ:::: Q)..... ~ = po n ..... Q) ? ~ ;.~ ;. (J"g sa:sa Q. ~ ~l ~ ~ 5i"::I t'll ~. r- t::C ,. ~"'a"C'"8'rIl =~'rtl'Q.. ::Q":r~ nn. Ag~g::r S"S'Q) 0 ::l lJQ:E~ i m ~ -c . .....~. Q) J6 Q) Q..rE "'d ~ n ("') Z a-i 5;1 Q. ~ .., '< a =;pn g;f ::r nl ~ 0=:::: c: 1JQ-=ri~Rn- RQ)::r' riVlCll =:Q:l'-'cn-'::.., n= ~ p (JQ(i':r_. ~ro~~. 'IO? a::t.n~= 5'~':!- g.cn=-i;" 0=;;: ~"'- 0- ",'l:lColi"Co 5'" ~groZ",-jq'lS.ro o. o;>"'Co5S-~ r.n!.C~ =~_= =,sa _!.;im 6.11).= ~~F..,::ta~ ~tD -c 5'g~~ :g go:", ;'-'''' == ~ a ::t'~Q)"O ~ 0.- :r~O'Q ..... ~ ~ -= ;.ralJQ Q):1" g. rif ~ c- tD ~ Q) g: ,: ~:E g ;; '-< ~ ~ g..., 0 ~ CIl ~ g ;; 5 ~ ,-" ro ro :!i. Co ~ ",.g 6.!;l ~ 6." i'lS. el e!. 2 a g ~ e!. 8 Co 2' ';' 5 ~ ;li n"O ..... _. 0 ri tD '< := c.. CIl n en a ft'-, _. ~ :3 -oQ'Q 5' c: 0 a g ~ ;: ~ ~ ~ " : :xlli '" 5 S. Co ""~ S' ~ "'~. Co ::r 'S!. ~ ~,!.. g.;: ~ aag~ff sagcr~&.e:~ 5'~'~S &.g. ~~~~J&'~' ~.[ s ~i ~- [~ ",5 0::1 ~ -.'" ",... " " 'IS. 0 -;;. ro::l! 'l:l -!I. r.IJ ~ Vi' i~ ro 00 ~ ~ " ... _ro :r- '" '" =-u c:rg. 0.0 1-4 '< _. m3 ~ g~ :J"O r.IJ ",.", (JO ;::5 0 "'0 " = ~g' N'- ~~ i = S. _ (JOO ??' r:r I a ~g 0'" 0'" ~ :ge: "'- ~'5 3;n o~ (C ~ (JOro ='::+. r.IJ 3Co _,:r .g~ "'l:Il ... 1-4 :ro ~ '" - <Do r.IJ _0' ~'" ::r" 3:0 1-4 ...~ 0", = 0- :To Jg~ !!l:J 0 ::ro - 0 ~ ~; -l::l: n 5 ~ ~. ~ ~ ro", !?1m a", m ;:,. 0 ro " 5'0 :-'Co ' r '" ~ ~ 5 m 0.... :J i~ 0 <D O. "''l:l !'l -:: oe: z ~ -'" !'l '" ro 5' "'"1 w- :J ~Q: !!!. r.IJ ro ro en ~g 5' S- - e.~ <0 ii) -' Co- "1J :::: :11 ~ '" ~ ~ 1ft Co '" '""' S- (; er . ' '" (C :z 22.re. ~ 1ft ,ro !J ~g~[i?~q.. o;';im go~ 41;~ ;'fl"'O g.'i"'O Z ~~ ~ ~og s:~ (; ~ ~ ;C III ~..,2.a~~~~;rotia.Ul2.ti~~~a~~R~~ t ~~P::~~~aCoga ~ ~, " ~~~;;.,,~!11f o~~O~~O'l:lS S'OfgaltCo ~ :if... roli1!.$-S, 5,~ ~~,~ ~,~ ~~'<...;;;:A- .~~~ ...S'~ S,S'~ if~ ;lg.S'S e:;.a::rl? ;: ~.- ~Q....c:, 00"'0 C;' '" 0 "" n =- .. lii.=:m"O .... (C g ~ ~;;.~.g'~ - ~= a ~ ~!3 ~ ~ s,"'O ...,I....t2~Q -. n a ~Q..nn'i_~ 0- , "L"' ~ ",~. _'. " ~ o~ !"; 8.".' _" S 0 a a ~ 5~""""5:.o:~ ~1i':;;.S;~S'5ro" I.!"'m....ro aroO"-2'-::rri [Co!!, z ~~ii?:;.~~ 2an~..,ra~!;t =5'a~= aCIJ.ar.n=~'a'=' ~Q.. ~ n ;:r:;:, Q..'"" $:I . -... rtl _ C ....."'0 ..... =: = '< ~ n Q.."" go t::I:l 3 E,~~~~~~ '*': g:;iS,...~S ~ [:;-8'''' I ~ . 8'g !;lOro g'~i tI:~ all: r.IJ ~ ~QQ Q '< -e- . ro oro~ Clll'" ~-" 1i n '" ~ ~ g. f> ~ ~ ~ ~ :'" 5'~ g ~ Q.. S>> ~ a Q., Q ::I ~ ~ ~. :: Eo fA ~ .., ~ ;.p" 0:' 9~s:~g {lJnfJQg ~~~_ "'d""",~..g~e, "'O_~s:a5 '<Bt'Om ;;; <D ;:h ~",_il S.g~ as s; -:~ ri 'S N",. en -<5. 'S Coa g,~ ~[~ h c: '" - ==0 g (") grog Coli8'~,-.5 ~1i S ~ ~o o. 'If'' w :; i? ~ ri ~ ~ fJQ' Q"'O g' "'t = c: ri g !n..... ~ ~ ~~ ':: =t" ~ GO oS g' ..,;;- ~ ~ ~. fA'" _ t t _ n I ..., n -- Q9[ Q~ ~a.!;l.:xl g.~S'g g :;~,[~ p'. ~8"[.OQ fA =="~"'5.,0.::r~;l"Co-ro""'0 =S.'l:l'<ril ;lCD-. Z !aDl n~ ~ '::1 ~ g n 5.~.g ~ 2:::;' ,.:~OQ ~. 5r'o' .... = ... ,,_0 '" S.... ~ o~ If''' iif(JOs.ro CIS. E (")~ 8"'" as,,,, 8'(JO ~ Z~ro a:'" 8.", - -5'~~'" Zro (") g: 8Q....""CtI -5~(")a~Co",.,;.,,~...'IS.< o ",Co::O' CD 1'i ~ :;; CtI - ro o' ",'" F;.' - Co 0 ro' _...~.~... CD ~_Q..f'PQ..Q~::I5.e::l~ ~::;.' ::In UlQ'~g .. _: if ~ sa. ~ (") 8 'IS. ~ e!.' [ ~.~ - e!. ~ ~ el " 8 e!. S,:;" g",c;'lO ["~S.CI1 ,;.?ggo:~g",;:lt'"'Vl:xl~ -II o e!. 0 ~ S' Co 0' e: CtI~ ~ 3 Co - "" e 0: Of Co ~ '< S. a t; it" CD = 8" -... ~ ... -0: . (JO '" "(JO 0 ::I . ~ og g R .., ~~<c:.:tt~,<~g.n=~,< t'"' "-"'- ~:r -"""'0 '< lit CtI~ ~ - '" 'l:l:l S'ef -a ~ro 5 8 ~O' ~.efS.CtI ~-::r ~a:.'l:l-ro e~.-ro"O::r"'ro" lI: C ~g~ ~9~9ge ,g~~~~~~.~~a~~~ . Cl) rb Ci1 r:Il Cl)-"t:l.~ d ~"t:l~t:3 ~ gj ~'-:= ~ 15ts Sa.~" a:,~~1l"t:l~ u::> ~..s8~~~ Q) ~ ~ ..., '~ -E bl) '... ~ ~ o r:Il ~ 0 Cl) ~ 0 ... m ~ +s::a..o S' a. ..s:::- ;... ~ 2l_ ~ ~ ~~'~ ~ ~ e: ~ ;... ~ ~ ~ m ..s:::bl)r.Jo~Cl)Sr:ll ~ .... ~.-:= ~ 0 ~ Cl)'~ ~ 1:: ~ ~ u ~ 0 0 'I:: .... r.J ~;... ~ ~ ~r:Il~~ ~S..s::: 00. ~ 0 t e .... l\:i rIJ.... 0 ......... tl '~ 0..9' 8 ,S 11 ~...,u ;... Cl)OOu:::: ~..., 0. >;uQ)o.~~~.!i:l~ LJ") Cl) Cl)Cl)u 1U Q) ..l\:i Cl) > Cl)'... ~ r:Il g. =- e ,.Q "t:l Ci1 c3 .....S ai m ~ E E -5 r:Il ai1l ~ - ~ U S l\:i-E 0 ~ "t:l ~ = ~ ~'i8]~~~ t5~~ m ~ ~a ..., ==tl-E"t:lZ~l\:i$SooCl) E >. '... ~ b ~ l\:i ~ ....~ ~ ~ 0 ..l\:i .... / 00 0.' ~ Cl) l\:i '... l\:i "tl .... Cl) 0 ~ a..... "t:l Cl) Cl) U ~ Cl)..orfl~~Cl)~r:Il a. S 2l 0:: ~ '... ~ ~ ~ bl) ,~~ ~ E": ~ ~ -5 = -.; S Cl) .... ~ 0 ~ .s.... ~ ~ ~ ~ ~ ~ ~ ,9 2l 0 ~-..s:::..s::: i=- ~ o ~~ '... c:1 "t:l 0. Cl) S=~..., ~Ci1 U..., S Cl) ~ l\:i..;! ~ 15E~~ol~u~=~ ;... S.::: Ci1 Q) Cl) bl) S ~E-< r:Il 9 ~ ~ Cl) 0 Cl) Cl) ~ ~ e;;.ii ;... Cl) U 0.. ..l\:i 8 bl) 0 r:Il ~ ~ ~ p... 00 ~.~ $S .g ~ a. l\:i . ..s::: 0 :::;..0 >'..0 ~ .S ~ ;.a ~ 00 Q,; 0. c:1:= ~ Ci1 a "t:l..s::: C ~ ~ '.... U UCi1 _ U ..., .... Q) r:Il ~ ..... r:Il ~~o8s .l\:i Cl) ,:-;::::: l\:i Cl) Cl) ~~..., ~ 0 =-...,~ ~oo ai: Cl)a....:lt ..s:::o "t:l ~o s,r:Ilggj~~..l\:i..o Z g~~ ~!~C3"g] 8~] > 0 Cl) - '.... Z ';:l .:a +S ;..::: c:1 ..., l\:i ~.... ;...~..l\:ir:ll~~1~ ~ ~ ~ Cl) ..., r.J's ~ Cl) ~ 0 ..s::: ~ S ~ Cl) r:Il 15,.....1:: U c:1 Cl) 0. r:Il :P j ~ Cl) S ~ ~ Cl) ~ ~li3 Q) ;... ~ Cl)=o~l\:i';l\:i"C2lo=;j ..... ~ ,5 .E .;g -5 ~ 'I:: 5 ~ ~ -5 E ~ == -5 ti3';l 0 ~ 5 ~ ~Q) ~o Ol\:i _a."t:l 00 ~ ';l .!:P Cl) ~ ~ ~ ~ .. ~ ~ ,.c:: CIJ ,r-l , CIl ;j H HCIl+lCIJ:><CIJ 'H -fi"'- =ClO ~'" ~ HO.-lC::~ CIl .jJ 0 ;j ~ ..-\ c:: :> H .c:: CIl ;j ."" ... fU 0= CIJ ..-\ 0'1 0 c:: l\:i c:: :>< 0 CIJ CIJ '.-\ 0 +l l\:i 0 ~ = iii ... '1:1- f;Ii1 ". +l .c:: c:: '.-\ 0 CIJ CIJ :>< HCIJ+l 0 ~ 1Ii- -"; c:J ~ c:: ~ ..-\ +l ..-\ a H 'I-l 0.. ~ 0 0 ..-\ '1::IU- iii '"' :::) CIJ CIl ~ +l O~Hr-l H '.-\ 0.. CIJ CIJ c:: +l '0 I-l iii f'll ..c:;.., ~ ~ u a ~ ~ 0.. .-l C1J.c:: H I-l 0 c:: E-t . -=~ f;Ii1 0 c:: CIJ H g '0 ~ 0.. CIl CIJ '.-\ '.-\ c:: ~ I-l '5 ~> ~..Q co c:: 0 I-lr-lCllCl ;j fI) ::)f... CIl - ~ <I: C1J0.c::.8'O H ~ o CIJ 0>0.. 'I-l 0 . O".~ 0= o ..-\ +l c:: CIJ o I-l . -iii o ~ c:: '.-\ CIJ CIJ .~ a. - '"' e iii '1::1;' I-l +l ..-\ 'I-l 0> CIl , fI) 0 f;Ii1 ~ ;j ~ , o..Gl . '.-\.c:: 0 .-l E-t ~ . f'll 0 '" 3 ~ z o N 'I-l ;j CIl Ll'lCIJCIlCllI-l.o al Qj J:: Z ~ 0 CIl''-\ 0 'w '0 ... 0 Gl Na I-l;j~+la ~ a . ~ ~s:: ~:s Z U H Gl l\:i CIl '0 Gl:><H.c:: (f). ~GlOr-l~ ~ ~ ~ CIl ';ci..-\ ~'00>.jJ ~ CIl'.-\ ; a. 0 ~= <I: I-l 't:l ..-\ ~ tIl 0 +l:><Gl C1J~ CIl . il:l'-: = f'll ..... l'd +l +l ~I-l.o~~:> ;j ,Sf'll:; :a"S. f;Ii1 N +l0~05 . CIlH'I-l o l'd CIl 0 aM f'll ;..,:::E rn H ~ c:: ~'j ~ Gl ;j 0 0 o +l 0 l'd CIJ ..-\ . ~., ;..,'" -::l Z >00.. CIlO+l44 GlH III ~... , -fic, ~ <I: H+l l'd;j l'd 0.. :>< ~ o..Gl 0 CIl44 l'd 8 , ,",...~N N ~ '.-\ CIl H Z 0 '.-\ ,~~ ~ Gl :> . 0 0'" =... =- ~ ~ .c::+l~C::.-f all: ... =Olliltl o iii c::r::: 44::lGl~H e::c ~ 0044 0> ;j l'd Ll'l ~ Cl l'd ~ ,~ ~~ . .; -ultl (\) 0 Gl I-l '~ ~ 0 +l CIl,gCll ~ I-l .c::o...c:::>'01l iii _, J, f'll . ti 0 - '" = a. .c r-l 0.. l'd +l H ~ +l .~ c:: Ll'l Gl :><0 I-l Gl+l 8 ~:':l ~r<l ... ~ E 0>1 ~Gl+l+l::lGlO . I ..c::!2oClO ~ c::r::: l\:i c:: > Gl c:: 8. CIJ '.-\ .-l '.-\ ~ o 0 CIl CIl ::l ~a ~ N ~ iii f-o .5 '~3'= :::::s :::) ..-\ 0 ~ H 0.. H ~..-\ M C1JHC::.c:: 'O.c:: ... 0 Z 0 tJ) c:: Gl ::l::l l'd a '0 ~ a ::l (Il . o.l ;; ~-fi~:; ;;.., 0 ..c:: . +l CIl o..CIll'dGll'"- OO+lCll H+l IQ 0 '" '1:1 -fi '"' -f'll ~ +l >. H'I-l+lO +l CIl '0 ~ +l 'I-l .~ E-t I Z Q.rd , rn . -iii ; :>.;.., ;"'.e ~ .... V) ';cil'd ';:10'0 Gl (Il CIl ~ c:: Gl '.-\ 0 M a. '0 ..Q..Q ..... (Il ~;j 'I-l . H c:: c:: 's .jJ c:: .-l.c::'OGl~ I-l O' CIJ , CIl H t-'~ l;.l!lllil:; "f'll~ ~ ~ (\) 0'1 +l Gl H . ~CIl~ E o 0 l'd l'd c:: 0'0 Gl+l l'd >.~l\:i :><~ Gl u =b'c , '.-\ CIl 'I-l CIl ..-\ a c:: .jJ l'd o..H~CIl2 g<+l Gl+l ~ f'll C, t...r-. :::::s ~ +l '.-\ CIl ~ ~ CIl (Il c:: ;j ,,-i ..-\ ..-\ +l .. . ':;~ eo"" (5 <I: ~ CIJ +l I-l l'd r-l ..-\ CIJ GlOo.c:: C:::>Gl lI: :::E c,-fi ~ ;..,'" ::r: CIl c:: ::l H ,.0 0 r-l 0 +l .-l ;j H r-l I-l iii f'll III 0 ~ 1Ii,~~ ""'1:1 = > 3: '::l Gl 00> :><CIl '.-\ t7' . l'd Gl ~ Gl CIl f'll,c f'll (Il 0 0 H CIl 0 t:: c:: '0 Gl 'I-l C::'001-l::l'O +l~ .., obb;. 0 .c:: c:: 0 l'd Gl H l'dGlC::H44 'M c:: Ll'l 0 0" l'd 0 c:: (Il 0=0 1Ii~ '" 8H'I-lo..Ho.. ::E: S l'd l'd 0 tJ) l'd (f). 44 (Il S 0 'M c:: ':';'(i;:::E ~ ~f'll~ 0 iLl 0 '" . E-< ';':; 0 . '-. \.. l'"- 0 ~C/5 (1) (f). 0 ~ O~ :> VJ 0 "E '"0 . I L!) c '-. ~::J C\$ (1) .. ~ {/} - ~ ~ \.. 't:l >. 0 '- a . . iLl ...... 0 ~ uO ~ r-l L!) 0 -< c: 0 ;'\ .c H ~i< L!) s.; 0 ~a:r: '-. <r:>- 't:l l'd N Qc: u? Eo- a <l) ~~ ,>. H Gl VJ>- {/} 2 '-"' {/} rIl ;.., E 't: C l'd ~ ell: :r: ::; ::l ~CQ ~ = u -' .;.j ~ 0 <l)~j '-. \.. 0.. a::: "It 0 (!) ~ ~O 8.5 CIl ~~ e: Eo- 'C ,.;, ~ 0 3: Eo- ::l "0 .. CIl 0 j ::l ~ :I::.....:l 0..0 (Il 0 ~>- Q Q L!) :::! ~ . -. ~ '-. ;j U c:: . ~ ~ ..J ;.; 1S.. E-<~ '" ..-\ 0 ~i< - ..... {/} "It rIl ~O \.. \.. CIl N ~ 0 :E ~ t..: ~ ;'>l '-. ;j ;) ::l (f). ~ ~ ~ s~t:: ~ ,- ,- c Uu o 0 ill ~ '" ClJ >.>' 1 ~ 0 ~ :z J: ,- ~E-< '" '-. Gl ~ 0 <l) :I::- 3: ;j Qc: ~ 0 U 0 CIl .c CIl CI) H 0 cJ ~ "" I.. ~ <.3 .;, '" .. oct) '" U Ii .... .... UJ ~ m U C 1t:I.... ~ C I.. oS Oc:r.l 0 :J I.. cbrlJ Z "Z ~ 0 :J UJ ~ m "'"' m r--r-- :g I.. '" 0 ,5 ~~ U - 0 I.. ... ~ 8 . .......... .... :J > "'"' m ,c ~ m._ I.. r--r-- c"'O 0 ell ~ S t :.:: I.. 1: III . t III ~~ UJ c t m ... '" o ... ~ UN ::. U m 00'" m <.3 ell 0 "'0 oS !~ Jill '-' '-' _ 0 .- 0..0'- U C, C ... .. Cl:('f) oS 0.. ~rn~~~~ ml..c, oS '" s~ 0.. :::::l..- I... -6"'0 C ~ 0 0:: bO- e<.3 :J - m .- C ~ .- 0 oScm oS .::! ~~ UCI) ..c 0(1) .- c "'E I...- 1:: ti..c 6'o"'::g ~ .CI) ~Q p., .::: oS V)...... ~ "'0 '" 00"'O:J"'~ o '" ,- '" :0 .s5~~~ UJ .- C I.. 8~~8.5~ d:~D ~ :J 0::: ::J V) ..... 0.. 0... at-cD !-<Q.8 V) ! ! ! ! ! u'Cj~".:!1Il ~-o"' Z .... CIl t B~tt~~~ UJ~('f) ~ O:::>('f) W '" J ~CI)c:tlU~< ~i <(~v ~cJ t:.. ::rita", 005i~oc:tl Q..::J('f) t:..'" g('f) ~z o~ '-9r--...~ III ~ Gl 00- L{)-"T D~~~] Z~ ~ ' 0\ U...l UJ(/)~ ~~ <: 01 >')0 , ::l~1t:I -l~-o '" - :EB ..... >') \0 . . . ': a ..... <-' (1)'- ~o>') _..cr-- z........ 0Q2 0"-1 "TO~ <u~ --00 0..0 c:::::::: ~oo"- .. G V)c:u. o.....:l l- v ,0 ",ill <( ~~ ;>- ::> c-"T ~ e-'lI: Cl~ o ~ ~ -l ,g Cl~ ::>x ..c bO l:5 -.; .;,j <(U)+-' 'jt:l o..l1lt:.. ...:l0 ~~ ~~...l ~I.O~ - ~ ::I: -Vro C) ~('f)u <("-0 ZNa:l . .~' - , ( . t7v~ [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 . , ' . " , 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 . . , - . 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 . . . (- ;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 . . 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 , , . 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 . 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 . 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 . 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 ~ . 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 . . 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.." \(.~ (''it ~~L..:.:y:S[ " CZ2v--e~ cc- e~0~~ VV~ Agenda Coordinator Review: j I Received: rr 1 Placed on Agenda: () /G Action: Approved/Disapproved AGBOYHN29.DOC . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P.~ City Engineer DATE: November 29, 1995 SUBJECT: Final Boundary Plat The Boy's Farmers Market Attached is an agenda request for Commission approval of the final boundary plat for The Boy's Farmers Market. The subject plat does not require review by the Planning and Zoning Board. All applicable permits for the project have been obtained. Also attached is a location map, reduced copy of the plat and aerial photo. If acceptable, please place this item on the December 5, 1995 Commission meeting for Commission approval. DB:mm attachment File: T AC DBBOYN29.DOC . . ) I N. 'if. JRO SI. ~ \.\ N.W. --- I . MAZZA ORI~ ~I 0::. )/ j~1 z McGOVERN DRIVE -- - ~ I L ORNE . oyY\C~ I ~ ~-- } ~CHPOl~T L~KE. OS-<'" J ! ~ ~ ~-- ~ t--- HIGHPOINT WEST ~ I . I , -- - 11~ ~ SITE' __lSlI__1 ') """- JI - Vel SPENCE I ~ V PROPERTY r I '~ '~ ::: a:: >~ <( I I- --- j ) - ...J I l) - - I CANAL L-" .:f < --- ---..... -- - CITY WITS - ~"' :-{ 'V~\,.~ ~ 'O~\,.~~ ""C~ SQ\)~ 'J..t~ v.~~ - ~~- \ - ---- .dJ \ ------ ATLANTIC ) - CITY UWlTS - I--- ~ I-- ~ f---- - - r--, L--- L...-- I--- ~ . . N I I BOY'S fARMERS MARKET --- . . . . . . 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 -- ""'.... " . . -" .~ / ,~ \ ;--" ~ .. . . . . ( ~ ,.- (, 0 \I) 9 ~ ') \ . ... D. Ill: a: ~ \ I .. -; : ... . ) ~::. - w 0 . '':) 0" .... !.., - Z...l · ) ..'1,- a - =..,...\ !...~....- Z ... i .> c -' i fJ a...~'''' 0 > 0 .. . ~r""'- Ol! ; i 2, Ii: .....,1__./ ~;::i - :5 ~ ~ i -"..- -- ~ II . I' .. . . ........! w Go ~ ~ .~ .. - ..-.. ~ > I ..I 0 I:' :....... .. a....,. . = CD .. -4 . -. !!il" I ,.. _ a .u. = , !lul..._" 7" i= ..!l!...1 - Z ~ ~ I - . al':: c.' - " ......., - ~ d If f . !o5d=~,' wi ::11." .. :5 5 .. - . .. .. - ..... ...a... ~ ., 0 UJ I'f Da If I - "Ill ...o.,! .- i! .. 0 1'1 r.. ~ cill..i!.l' "~" :~~.... ~..w ui o >- . -.......o~ III U)IC : '-.. WV'.. c7Y17dJ' ,-rj/.JfiYl-'f? ~:~ , : !.. ' ~fo'.~1 h ::;..~..~ '1: Ill: ~ ~ ~ _, ~: 0 0 :II ..~..>- :; . ,.~~= ..... __ 0 ~ '1: ... "" - !i & 0 ...=.; , oi~"'" - ... - ~ :z: " 't ~ ii ;; l; I;'"trl: > n. 11_,:; '" W W !2 '" ~ l~ If- -... -'i-.' llj c..-IS 3 ....>:z: ~ ~ "'- E; : ~:H '': .-, ~!h-;-::.- 'i~~: ":; ~ ~ .. ..... '= ~ 5a: - ~.!i~~:- . ,...: ' en a: :-. ~ ill" . ' y.' a~' ..- . ell '" '" " ~ .......... ~ ~!~ 0 :. ;...~. . .. Q '>( 't \..- ."-!l I ,. ..11..'-"" ..,:.. " ..\I) W . '" .', I~. ' , 8 i __I i=~"" lS~c~ ., _ Ill: ... " ~ ~ : I !" !i!"!!I~ H~I ~ W tI ~ ~'~ ~ .. i . "R.li-. ' .. 0 - - Z a: ~:j ,?'1!J/7/JI' ...~ a. c .. J;;..:il-' t"i~o .... CC _ 0 ....' ~ D .... .. .. .... . I 1$ e "I " .. Z · :!. 3 ~C$!!:. ' ! ~ 8:-~~ ~ CD - _ " ! ll! : ~aJ;ilo.J-", :: c: CQ~.K ,,- Z ~ Ir\ - .. C - .. i.I~I" COD...... II 0 W ... " ~ . . .. .. ._ 0 -r -."'110 , .a ~ a.:: !l flOC; ~' ;;:!~ !-:~. ~ '~ \'l ! !I =!I I lJ o~IU~il ;:~.. t~....; ='\ ~ . :i !! e -I .. ";;1:.. , .ll !s ..l'l!i!c 3 ~ .. a .. 0 ! ...- ".i ' !s 0 "'... "t a. _ : s ... -::..::; ..: ..s; _I .; .. .. I .... r. ....... ....~ ....co .. ~ .. - 0 ~ ..... I -.. ~ . ~ C C. - .. "" u ! t, J! a 0 .. i!ll ~ I . " : = .:=!~:.. (! ~ Ii. ~~ ,-----.3 ~ -- - )IN ,. ii:I?I?1? 7Y uJ ~ j: €/ '.7,J5,/, ~ iHtV../, ~;M5.N 19;.11#'/' 7~'5 '/P .MI/? '/5j1.,; I ~ ~ ~ !tl ~ ~f t"" '" '" ~~~ ~ , ~~ I ~7 -? I I L-,/ -7./ I '" I ,''' ~~~ : '_' __, _J_ _1.- If" "~I _1._:/ /' I ~. ~ ~ ~,,~ ~ ~~{ ~~~ '. ~~~ ~ \ ~~ 1~~f1/~ /)I"/I',t?',,p'/Y \q\~ ,,, '" ...."I! ~ ~~.-1: . .. h ~~~ ; ~ ~ \s\ ~ ":. .. !s ~ ~ ~:Oh3! ! '\l ('\" , ~I!i"" '..> . ~ ~ ~ ~ :....;~ ~c - ~""" ~ ~'.. I ,-, ;~:iil !~ ~ ~ .. ~"':)"':II: l- I",..., ~ ," :~8...... i I: "'~'J -c...-c. r . I . ..... -:I: &.. K ~ ~ ~ 'J ~ ,." n'~i i!~: .. .~ )..., ~ I lfih I d"i~ ~..o: .. ~ \...... ,,'I ~ t, c.. I"'. . ~ ~'\. " .. - ".. ... .. . ~ ...0...... C ~ I ~ I:. I c- -. :t I-! . ~ ~, 'V ~':!!i = :... \I') ~ ~ '.', \ ~ J.-. , ~ 1', .~:~l: !~;~ I ~ ~ ~ ~ ~;' " "I ~ ~ ~ ' ~i' I....,,! "..~.. ; i '-" 'J I I '" ~,~ ,\... '\ ;::: ~...... .. -- lW _ 0 g i ~ · I :... ~ 0.. " .~ " .. ... c .. ~ _~ I ~ \ ~ "- ~ i '( ~ '~~ ~ In ,,~''''; ~~~~= ,l~...~ s ~ ".~ I ~J ~. , .. ~ M\' , "I' · l.\\ 1] :::U;I~: .:1 c .. Ho: "~ 'J '" <;l ... "I'" "\ ~ 1''''3'1 ~ IA " C& ..;::l..:::::::O' ., I ": ~ ", i\ ~ ~, '" "\ ....l!..". .. _ .. .. j ,. ~ l! ~ '" ~ ~ 'I.. '" ~ ~ ll\, I""" ~ .,., :":f:::gUc. i :; ::l-... <:\' ~ ~."-I ,~ ~ "'I !!.... !.:O;'!!!l! . :0 :':<:2 "\. '" ~ \A" ~ "'~)O:l~.. ..... 1M III ou.... '< '\:"( t - C C a. z". 0 O. .. U llt_ ~ ~ ~ ~ I I ~ t', 81:~ill~C""~.:O ... :~l! i'; I _" ~ "j', ~ ~I~ :i~!~:;; ..:1 ~; :i- ~ I ~ \,:: '" . \.' ,; ,. ..~..,,- 5:;5,,::1 l!.. -c~.. I ~ -" I '<I.. ' o....o...cac .... -.. ~ \ 1 ~ '4\ 'c\ J ~~ .......; "=0116 a Q ~...= I \( '\\' I oj " " ~~~-.QZZ J'" .c ~, '\. I ~ ' I 01' , .... u:2 r ~ -!! ~; ~ ,. -I~ ~ I ~ ~,~ 'U -~ ..~ ;i!j!::i~d.; j ~: , l'\) ~' \(I~ :: .......~c....c....oei:t . (J.l ! ""'! ." ,,", I -.; '" ~. " .. ~ 0 .. Yl 'J ~ " " :a - ..., f't.. .. ~ ~= i "", ~ " I '1:,'" , ~ e;: ~ .. "\ 'L ~ '-.: . "'i .. 0" ~ " ~" I ~I~ ' ~IO " "o. e '1.~'~ ~ ~ ~ : ..: ~ " .. .. ...... I ~~,., ~~~~~ :.::: ~~ ~\j ~ ~ ... ~ ~J:.__.-e."~ -~ d ~~~ ~ h ~~ :-..:..~'\. ~. -----. ",,:~)li~ ...u.. ~ ~ ~ ~ ... ~ .I/Y]ff3~I>'.f,;y1.M_?1 t1/l'Y tiY.UY;1'l/ ~ ~~~~~ ; ~, ~' \,. ~ ,N'_"~,71,'" \ "'17' ... / ____ \ ,'I\( .. -'I' z .~ ~. c ~~ c ~: r.;- /: .6~g/fi )')'..,/.&S".lY"/ .r.: /If.,s,;,t?'.t7/y Ji ! ~.. 0 ~ ~, "l / 1..__ _ -- :7-' ~ ~-~.5E~6~ ---~ ~ So!~ ~ ~ L ~~ 1\. ~/ /YOU"_".$"./t? ~"/Y/1 ./5..7# / ~ Ii . ..~:n ~ ~ ~ l'! 1\ . .. 5 ~a";: I: " ~ :~~"'C/," ~ ~ 6(?eJ:7I7'(J~ ;7~1/.L5 3 ~ -- ~ I~~I ~ ~ ------+- 7/YtYJ -A(yYj/ 7/J1/ ~~ ~~~ ~ *)1( <4 ~ J:1II" :I: 'v I...~ .. :; ~ ~'I'!lt ~ ~ ~ I ~ :3 z c .. ~ ar: -.~ _.... 14''''''' ~ If. a ~... ~:1 ! ~i ~a: ~:: ~:: !; ,. ~ ~ 0 !-g -.... il"- ....li.. -~ 'I' -~! .... II ~ ~ ~ ~ "0" j~; .,..;.K.... .c~:o ._\1.... .i-I"!": I~' ~ ~ I ~~l6ol "''''U -"'.... S.c_>- ........." .......... ~....- ! ".." l' ~ .. Z." IW 111%. .. ......c.. .....,. ... I~ "'" ..J oJ: 0(%'" %Z""'~.. ....5z:. ..-CElli "'-lE" ....Ba I ~ ~-\.o..... I I ~ z", ..-0 ~O '" -,t ~',.J ~ 0 J ....0 "'" _"'" <co - ....0 1II.....c ... . . W - 0" ~ '..; Z-)OO :'0" ..~.....'" !vt..~ ~ 0:'9 t .:0 ""!....... '- ~" 0....'" :;2 ~:;~= :1.."': ~~&. ~~a~ g....:r~ 3 ~ \ ~ ~ :~~ c~c ~ 001 0....8 ::0..... ;2.11.. .... j1.. 'l.' "~. s:" ..~.. ~ ... 0 ....~ ~ Z I .a. c - 0..... ;a:.... 0 ~]I. ~ I~ .-, I- , - ~ 0 :;..:-~ -"c .,~.... .:;~: =:: ~- ....! ~ ~ .. I ~~"" Ill... a-... % N C "'C c.-,,, ~ ~ ~ 1&.11& <C ~. ..,..o! 1-",..1 'aa.g %~..o ........t I \I\~ ~... 000 Q i~~ !.::-~:~ ~... .... Ziti ~oi= -:=:-z '4 ~ ~ ;-:z e"~ c.a!: ~ I: ~=~~..:. ~=~.....:. !~.=t ~~~ 0 _:- -4/t ... .u~... ......!.cw ...."'. w.... z.o ~'... ~.J: ..J 02 ..JIE ..a ~ N _..J ~!o.o "'IOCO ~......z_ :- .""( - '" ~ ..J ~- ~~ :-5:;0 :::-;.. ::::......... :......... c-;rt : \~ ~ ut ~ 0: %.5 ~CE<4"'.a ......%i "'::11 ....9 ..~ ...0 ...w... 00 ~ \. 0 . WI&.I OCCC a..,......oc "'-....... O"'%a 0-"'%"" ...........,.J '~~~Y\ Z l.I.. ~% ..~= ,..~.._ .......5... ~UI-... ~........~ :::E- t:~ ~ ~ ~ ~ r ~... ~~r :~5-:: ~~"'= ..:!~:w .:!!:. oi~5 ~.. ""b.'~~ ~ ~ =~ ut iOJ !".-_ <C__... ...,...-IM.... ....-w.. 0 Oc a... ~ ~ ~, 0 .:0 (JOlt :r ;:: ~~~!~ ~::g ;~E~= ;~~~= :E=': 9: '\I ~ ~ ~ ~ .~ :: : OC%" 8""-%0 ......-on... "'._ .... ",.c_ _'1M'" ~... t\. ~ ~ III -J act. "II ....... = % !:;. a: 3.... ~:;.. ~ "'" 5;- ~..J =... f= a (J \"!- .... \\. ut 1M <C ~ ~ ~:: ~~lIoI~= 4/t5z:~ "':::-o3i WI::::~B; ...~~'-'~ ~Q ~ ~ ~\"(" ~ ~ ~14 ... .. ..ll.. c .. 8.. .. '-":S !It .-...e ~l~" ..:! :~ 'l:Ii ,,~.. " z ".. . I "'~~ z..!~ ~;...WoI f~~L ~~(."''''' .... > ~..'\ ~ ~ g u: .... ~"\lI"- lit .,,~ ,,_... a~'~ ~!n ~.. "'~~\ .. t ~.. -- ;;1 ;~!:= ~!::!:: ~:~5! ~;~5~ ... ...~. = ': ~ ~ ~ "II ~~ ~- .. c _.....e ..::Oz.... ....";2- .....;2- ..~~. =, ~ ~ '<\ 3' " :Z. "':0 .-J:! :::~~~: ::;......~~ ::-~= ~- '.. 0 ~ ~ I j -~ ~ I. ~-%e ... ~... ta.C. I: L". s: N-E.....8 ~':'.a'~ ." 0( i~ 0( =!= -~~~~ f"l~~C"" 1"I~=3 ,..~=~ =:-~ ~" KjJt :z: ~ _~ Q ~ '" ~ .-5.c ...........0-'... &<c! .... ..c~ . ._~ Ie ~ '- ~ _~..,. ;j "'" go Z .JI: ~!~ ~~::~ :~~~= :Ei== ::i=~ ~~~.. ..: ~:\ ~ '\ 2- i ~~~~ ~ ~ ~,.J: :I:~""'E %__~~ %!...3~ %1....3' :z:~~. !~ ~,,~ ~ :: s: ~a~~ ~ 1M ... ~ a.o ....... ~ .......c~ ........"c!, ...c Go ~.. ~, ~ ~ % ..J :1:0 ~ &: ~~! ~:iS:~ 5;:::::-~= !~i", !liL. 5%:- a~ ~~~, . : "':~~:: 0 z: '" 3 In;; I- .. ~ . . 2 ~ Z ....:i :It to- ~i \II ~:;! = i '...a ~ ~ :: ~ lit I- = ~ ~ JOZ !:!!:~ i~228=i!~i=-i!!I:-!i!Bi! ~.. ~ ~~ ~ ~ ~ ::.~~~ ~ oC:: e .... 0"". oC ~ -...... E.c... ~ .....c..... .... c... ~ t) II: "t:".. ~ III Z ~ -. ~ !W ...!. Z oua () =!: i: ~ 8 t~~ r . . 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 . . ( (" I I I SHER;;ooO--J I ~ l AJ. C) _ \ I I I I I I ~T1AC ~ ==== I ~ DELRA Y ::=::: r-::= --- / I I I I I r ,.J PALZA ~ ==== ________ :=:: CYPRESS DRIVE - ~ ~r-- \ I I I I I I I 9 ~ .~- ~ ~ / I I I I I I I I--- DOGWOOD SHERWOOD ........ \ I I OL GMC TRUCKS d ~ 1 ~ ~ ~ ~ I C ~ ~E:QWAY -1:r: T R 0 P / I I I I 121. '''Nt/( F r-"1, "', [\''"1 I ~-o BJ~ DELRA Y . IA~NIUE: IG g LJ /' / / I I 1 TOYOTA V FERN ~AT '~ LA-MAT .VE"U[ BAY i~ I I tJ ~llo~ / G""DENt. / I I >- Ol ~ \ I I II T I MORSE ~ ~VE:N(JE: H ~ ~ N SATURN ~ @lif S ~ al V; I I I I I I ...... ~ HYAONTH DRI.. ~ DUMAR t=: \ I I MOBILE ::: PLAZA EASTVlEW -'R HOMES t::! VILLAGE ~ r-- t- ~ ________ IHARBOR CLUB t / I I I IRIS )~IV SHERWOOD I \ I I I HONDA - ::s ~J~ :ELRAY == / I I I _ ~ SHOPPING TROPIC _ JASMINE III MOBILE CENTER VIEW - \>-Z \ I / - HOMES - '" JB A~NUE: J -- ---....., -~ X OfJItS 0( - ~ w 9 z--i!: '" < :I ........... gf--- l1.. ~ ........... ltNDE:ll I ~ I-- VI f- _ -, -< - Bl \II) I L 1~' AVENUE L L-\ /' / A III I I1I11111111111111111 1I1I1I1111 , .1 I1111I1II I I I 1 I '\. N - OCEAN ISLES AT DEL-RATON PLANNING OEPARTlolENT aTY Of DELR^ Y BEACH, fl - - O/CITA/. BASE: UAP SYSTEM -- J .. . TWP 46 RNG 43 SEC 28 LEGEND 1. LINTON BLVD 2. DOGWO . ODOR 3. AVE "L" . 4. FEDERA L HWY ( 5. OCEAN . U.S. 1) 6 AT BLVD, (A-1-A) . LANTIC OCEAN S\1E APPROXIMATE SCALE 1 " = 300' ---......., . - , ')l~d NOl't?:t-130 .:10 zr >1:>016 ~ '~g L01 j() ~3NllO~ .l.SV3HlflOS \ U .~ Z -t -. ':I:) ~ ~ ~ ~ Oll'o'-'31noe V011lO1.. j() 3Nn~3J.N3~~ 1 t-. CL. Ct:~ 0. ~u ~ 8 ,ES'028t !'I,ES,H.20N ~ ~~ ~ ~ rJ2 G ~o N 5~ ~ .. --- 5", o u'" C! KnnI iij~ I ~ OI-6~,j'HnJlIJIfIj ~.. ~ I - 'JlW~ tr1D(J-W ~: ~ g ~ ~ ~ l!d ~lD ~ ": - 23 \ ~ t;; ~ .<.. '!> -'>>......">> i1J0.. ....-t>; ~ ~ " t .... -t>; . -t>; -t>; '7. -t>;;:\:5: .'" o <( ~ ~ ~ -t>; . ,OO's2t 3,ES,Lt>.20S <co.: ~ ~ ~~ W 0 ~ 2 5 ------------ L____ ~ ~ ~:;? .i U) ~ tr -- -t C'J Ol.&J O - II;. e 0 z Z .. . '. ~ :r..,. we" cr:: 0 4 ~ - ~ !d .oo.te:; "..C,s..L..~ON~ : - - .. 5 a. (I)~ 0::: ~ CJ ~g~~ I / :o~: ~ :~<<)'9.. ~;.. ~ 5ll ~ ~. O 0 0 el '" ... ::; '" :2 I I 0 I -t>;: as" : ('1: ... .., - II "'~ ~ ~ ~ 0 f5 ~ :4. ~ 1C : III ~: :.. ~ g ~~ ---1 I'" "'~'Z=! . I 'r Il'l OJ., ,. 0 U" ....., "'''''''5 lili W ~ I .'" .,OOZ61'..t;.L..ZON !!:! 2 u'" L..J.... e u a.. ~ ~ ~ fIl L:~ t - b : ~ 0 : ':J : 0 - 4. t;: W S ~ .; ~ ~ ~ ~ ~ ~-t>; ~~ ~ 'i--t>; > I w :;; ~~ooo . ~:il . (\rfR1 : ,00'6Z ~ :;J lil i ~ x 0::: EIo tJ g U) ~ ~ (3 :3 \ :i <:[ I "r-... :;.... - .0 ~..E~.L~.aa .. iL a.: ~ ~ ~ I- >-- ~ ' g'i ~ ffi ~ ~ ~ !:~ I I !=' N : ~ ~ .OO"e;9 "..E~,l."..ZDN ~ ~ ~ 6~ ::c= f-! p. i ~ - - _.E N. (\J .:~ N" tS Ii V21- ( rI E-oU (/) "'9 ~ . - ,oS'. .~..... . i V<(J (rll- ...J::li ~ ~15~ [:l 0 ~~ If-II f-,. I :gM;.i..ZCN_:~ :~g. f::!l> V J zen f-t 0 M Z a. Iii co... .;-'. M ~ <( Z <( 0'" .... 15 '" u-''' ~. <[ z !!!: : on .....", "! (Xl > >t ~ 0: : .~xrna : ~ ~ (;) W ~ 0 0;2 : :::E , ,0; Z I'..t;;.L..ZCN: .,. --..I ex: ....:l : <[ ;"'. OI-6s;r>1',j H nJlIJIfIj m ~ 0 It ~~ . ~ I ~ L-!:3'n:O;:-lw~rOO:-'Ql-~-- N ~ n~u <("0 1 ~ LL.....~ ' L' ,OO'S2t !'I ,ES,Lt>.20 N <( >- ~~ u 0 0 u li! !:: ZU <1<1 <I tn<( ,g W CL. I u ~!l1 ~ g~ :g =~ -------t-- ----------- 8 -- ~E-o ... z- 0 o U ..;~ ~ dd ~ ::>5 ,8 'U^ la >lJI~3U3~L.:l '" g Z <( .... '" "'l ' Z oz ~ .. ~ I g o f-t U m O W E-o~ "''' ~ 01 <( ..."'.. Z i< <( . ~ -,---.----- m (/)~ U ~ .. J;;;: 0>.. : 'Y-t>;' '? 0::: 1-<( ~~ ~ 2 ~ 0 8 -t>; . 2 I ~. -<?-t>; +~ -t>; ~-t>; ~-t>; t;; . ~u e ~ tn : ~ -t>; ",t ~ :2 <( z.. Q < Z 0 lI!:ll ... ...l....L- O.cCf-l ~ fz1 -J a.. lL i! '" 9t~ zg -...... Ii: Ii ~ <( 01 i!i" .. - I I ---1 0:: gu .. ~ 0 U t:t:: E ~ l:l OI-6~,j'HnJlIJIfIj ... · g ~M ~ ~ e: ~ ~I ex D- ~ \ S ii g ~'- I- ---1 <( u.. ~ ~ "':S ~ ~ :'iltn w tn w ! l> :IIIf,jrclM-'Ql u . ' ~ W CL. ..... '" .. I- o..l-o~ =0:::;;1- ~ x'" I --..I -.... 0 .. <( Z '!o:ol ' O 0 Z Out f: ~ ~ ~ r- Vl\.....lZ ::J~~ ~o <( 0 E-o"," ~ Ul :;:u-O t:t::Oo.. "fII c:;;:J if) LL 0 ~ ~~ ~ ~ ~ ~ I-O~_wg;<( .. Z 0 ~ 0:: '" '" (j (j <(<(O<lCCt:t::" r;::=:v., LL 0 0::: ~ci ~ e [:l ~ [:l ~~u ~o..~ Q ,,.., 0 0 ()~.. ~ < Q t: Q <(<(g;t;Z~::> []= ~ 0 _.1-...1 <I -J- 0 ~ --1 <(<(<lD::<(tno .., "I if) LL CD bb~::J)~~ ~ .q- 0 1-1-<1 I-O.J ~~n~~ I I I 0 z ~ Oif)~U~~ .. . dZUWOw> ....~... B ~ \ ct: ;:)U) 0: 0 Z ~ On,,; 0 a:: ifJ~ f3~~~ ~ I- ~~ 3 n n n ::::> LL.. ~ "" lI!=~~ u is "'.... 9 ~ ::> ...J :r:: (J) ~i t-~~2 E it: ~:= .....1 .1 ... (Q) 0 m 0 ~w ~~~ffi at O::i cU::I c.? >w, ! (/):I: "'",0. . '" :I:Z '" ~ o I- U U<( Z i.... Z~lD", ~l!! ~ ~!.1 0(....5 \: I 4: I ~ .. _ <( f5~ 2t!l!Zo ~~ ~ ~CL QQ V)l".. W ..J ...J L.{) --.l W -l ~~ gi:lUJ"'~ ~a C) ~o~l-iS~ s.... ~ I ~ I oil: -< 00 a::;;:::E.:.Jz oD:: >- w.....~K~....1Z* >- => < I ~.. - m CD 0 o~ t;;~~g~ ga ffi S~~l1.w" ~~. era ~ : X 0 c .- ~o z l::la:::I: -<~ f5 zz. e:x~ Q ~ -(OJ : ct []=~ CO 0 ~ -.:::: ~ ~ u.. ~!3 8a::jll:~ 3:;"':I: ~~3;;;:~ ::l....~ ~ ~~~~ ~...J, ~ ~ <J N ---'...c:. m 0 Ii: I.o..QC-<1i:: 0 VI W...JCL4JO~ ac.~c 01( ::.(')('1') z Z U'l'- ~m Ol.Ulo..~~ ~~; ~ca:::~,...8 ...JI-U ~ ~:r th _ _____ Z n.... --.J<( 0:: I- ~ ~~ ~~o~'" :j~ ~, z~lr8"':I: ~:<1i:l: u"~ ~ f 'crAll[ )IJI~3cr3~.:l <( W (I) t- :)~ ~a..~8G ~x mfC 8ltJc~og 8...J.... III z=~...<~ 1._ _._ (@) Z CL w ::> w ;:\ ,,"'''' ::J f119 (/) "';...~ ~~ =0...... of ,....."'0 ~ I r-:-.. . W z Cl W ~m :l(Q~~VJ ",i:! ~~ ~~a~;!~CJ :;~c > ~tt:~fSik~ : I ':... O ~ r - ...Jo~a::::.::m D::a::: O...J"''2 C:I: .... "',....,aC n n n .q- I ~ ~ (I) ,- ffi~ ~~~ge ~i ~~ ~~~~~l ::;;~ ~ ~~~~~~ ~ - .....L.- W ~o " WeLo ~....J I.o..W ::to ~!:i"'" 08 ~2~l.:':!:ZlZl d I-- ror\- r- u (/) "'~ ~t:a~~~ cn~ o~ VJU~V1a...O ~Q~ l- Xl.:J=~~~ 1- J ~ W 2 ~~~...J5 0l.6. ~z ~~Ci"2#3~ x~ ~~<~~~z U... <( Z b li~ ~~Q::;l~ ~o u~ ~~~..,x:~ ~~~ -~zat')c~ ])IlcftWlJ. S,"fOII<<J'J (@) W N I, W -I- 5 20 =!" "'- ~lD "'iu ",UlD ~,":I:Z"'UO ~z ---z ~ I Z ::JI... Oa::a::ZU1 :>!:: XC W LL....JfII 4J ::tW:::::l:t IZ::::JCC"JC:J: ~ rn ~ Ol{_ ZOCL<lCoC aJU l-~ m.c(O_ Ct: ....a::a.. ....lI;.'UMlZlCL = if) - O' ~ r- >- z c:;;:J I . 0 <( 8 !:!~'" ~ ~ u,~S ~'" ~~ .. ~ ":~~~!i: ~~~;s "'~fil~ ~ U- (f) 0::: E-oi!t..... Ili"~ r: ~~ ~ x ~ E-o~ ~ ~'" Z .. j(/)..c ~ 0 I- ~ --1 ~8j 8"!< ~ ... "'~ ~~ l;; .( t:~E-o~~ ~ zE-ooi:l8 og",!;;S <J w 0 ~ i~O ~ Q~ p:; :i fic~ U) S ~~~ClQct) II( Z QGP: O Ili"'.... 0 :E"Z O!!!~ u.. ~ ....E-o~Z .. "E-o ~.. 0 g~~~S [1illJ 0 . ZU(/).. 0....0 Fo ~ (/)8 ~ !!! 0 U ~ E-o~""',", u ~r:ill( foro Q :Z:U)'" i:: e" 00 .. ji!OCllf-l IX IIC III.... Z ---1 0 z 0..0:S.. Z~!< ~o:;;'" ~ " e~eze 0 ~~!;;:$~ S !i: ..50... g 0 Z' , - . ...... 0" 0" .. (/) <x<o... .. ~..~~.. "<J>"U u..... Z:E" .. E-o ~ E-oE-o ..'" 0 ~(/) E-o ~> (/)......"'... 0..,.... '" ....., ..~ "E-o ' Z E-o ... ... " Z .. '" .. ......cg:: z rIQ P:: tQ 00;:E C) ~z E-t ~ Q.... "'to IllUQ (Q) - I, <( 0 0:: E-o"U ~ '" ' ~o "'~ g~ ~ o!i:uo~:$ (/) ..(/)....~ ..~ '" '" O ~ L..J.... """':) ~ ~gJ ; Cd re~.... c :H~~.cf;:~~ ~ lilDaM~ Ii :~Ui'f-o> g cr:: 0 >- OE-oO 0 8 O(/)U (/)X ~(/) ...0.........'" '" U fII>" (/) ..- ..,~ .. ... ~ QQ IX f-l CClh::l~O 0\.... Z 2; en Z > .~:3 > I- I- "'~.. 0 ~ E-oO~ zo!;;~ ~ ~o....,oue "'.., ..~~..o .. I:; "':E..... '" rT\ Z oril...:l 0:: -ctnz....z 111' - P'D::ca.:c..... tQ . tJ Q:1lQ:Z: U DlI=>' C ::J O VJ - <( U '!i 8 wOO cn U1 0. o.a.D:::lXC = ........QQctlf-o .... p;uu:.::z: I(/) U -=c~:3 DlJ z ~~~ 0 ~>: en ~8:C" flo ...:lE-t~DQ t;:...:l ~Qa:!::~ CL. r- ~ 0 e '" 0 ..,u.... ..s .......:!i o~(/).. (/)~ .. :$"'>S"x u~-x ~..... <( (f) ~QG~ ~ 5 ~~~ Em ~~ ~ ~lX 4u)~~~ a ~r:::::!m ~~ e~cn=t ~::S~~ . I W <C ..,!f",.. '" ;(/);:l ~1i!l1[:l '9 ii10!;;~(/) i'; 0 o.."'(/)~ "E-o <E-o!i:~u ,.., 0 <( --J ~~~ Ci. rat: fa~ E-trzl ~ g:..111 EJ.~5 Z ~f-oDa8 . .~ W ~Da~ra. ::E~ .~ CL. Z ... ~... ~ U ~ og 0'" ;:; .....['i -0..... "'E-oo:1..E-o "'.. ~ ..E-o"':EO "olil C) ....~ 8 g o~re ,.J 1:110 :Ecz:~cnU)M ..gp"'~o::s CA ...... ~ z8cn ~~tG~ W <(:r: 'i';i! E-o'" (/) ..~'" ..U (/).. Z ci I- "'~E-o"""'''E-o ~ ..u..E-o.... 9~ ~ E-o ,.i!.. "'(/)(/) I . 0 ~5 ~s en i5~: ~~ ~~ 8 :3 ~~~!C~ e: ~f5oU) :2 u. IIC~IIG~U ~:~~ u- ~ CL. J ....OCl o.tI.t ol( IX 0( UtE...f-< ~ Zw II(ZI-4O:::....O::O <(u O~I-4".... c~ - ....u..c; MQUo( LL.. Z (/)z ...... . .. (/)... - Z:E 0"0" o..E-oe(/)'" ..... I- (/)(/)ZOZ "''''~E-o O 0 .. .... 1llI.. ~ Ii: ::CCl) tnoC( Dac:r:: II( ::E 00 Ootr.40g: 110 - UJIlQ tilE-< a: ........IlQ.... 1&oa...:Uf.I _ gj",~ ~~ 0 ~ el.i~.. E::~ ~ ~~1i~0~8 0 ~ "Ili!:! u.. i<1li~~ I- M"" ~ ca. oaf-o" m"IX.:..: ~ IlQ ....U::CO > - :Cf-oQG;m UW ZIliID.>O <( E-o . 0 ~ 0 ,(/) ",~... "0 ~ ~ ....0 u... I- . ",Q! 0....'" - <( '" Z E-08 j "E-o~ .....,z z~..u.. 0 ..:I" O"'!i 0 Il: E-080E-o~0 "0"'0" I- ~ u g:e:~ .. !<lil E:::C g ~... w ..;:l[:l~(/)~:3 I Ili elE-o .. Ili(/) (/)~ "-I - 0"'''' ,,= U .0'" E-o'" "0 ...J :EZO~(/) ::> Wu ..... ti en '" !;;.. o P:U)P:: ZtJ ....z:.:z; C M oca.o::o<w . ~II( z.... - <( r..... ~ w ..~' ~r:i e oo~(/) o~ ~r:i.. (/)'" ~ (/) s ~~Z ....o~~.... Il: ~~;~~ ---1 "-" 0 ~~~ ~m ~ ~E::U)~ 5~~ ~:~ ~~ ~ ~re(l1C1o~~~~ w ~~~Z~~ 0 ~~~f- ~ CL. Z '" U:E ..~..(/) "'Z~ OE-o... ~ .. ~"':E..e... ...J "'..,~O~Z >-w ",~..:$o .E-o u.., 0 ..o(/)(/) ..(/) U...O ... ..(/) ::>:E<'" I- .. ~ 0 E-o"~" _ '-/ E-olD'" ........ ....~... ~" '" ~...... ."'0 ~ (/) 0 E-o...... > tI e W ...3... :$"'(/) ".... g;'" o..e &l~ I .... oul;;I:':~", ~ ~ ~~ ~g;~ Il: E-o[:lE-o .Iii O ~Z.. "'.. ~ ",8~~ "'0< ~'" ~ZZ(/)OO ~ x ..~"'> ::::> j~~"':E <( m l'J)g~ g;o ~ cn,o(o. UlQQO'.: z8 e...........lS>-u ~ g~~o.:l-oc (f) OoCf-ollQ.c O E-oE-o~ (/) (/) ~o '" (/)u.. , ...= ..0 ... ... "'0 E-o.. .. ,.~'" ZtI ZO ~"'''' "'Z:E ..(/) "(/)U,, ~ Ild 'E-o"'U~O ....,..e!... 1lQ~; ace:: ~Q:';PlIO -ctl1 >f-o In fI1C11:JZ~.c (f.I ....(.1)00 en ;emDll&: m ~UJDiI f-08 g} ~S~~ ,~U) ~""tI) In f::U).....llQtI) ~ ~Lr( IlQ ....~~ en O "'zg ~.. ...."'.. (/)!i:' "'e~ --0",08['i'"' ... (/) o.oe~ z" .. g.~(f.I ~~ g ~co.g 5.....e QQ<~ i~t~~~ g --~Q~~CIo f-o~me~ (f) L-- ..z... o~ .",(/) ~~... "'... "'u..(/)'" .. ...., --0 S"~<E-o r- ~~z CIo...J IlQ ~u~UJ ~ cne:K f-o~~ eOt~ ~~ ~ tI) e:!r&.~% 1=0.: en ---1 <( ~..o 0g::E OZ5E-o:Z: r:i<' E-oe 0<(/).... '" '" "'''' 00 "'.. '.... <( ~: .Do ~ g;........ ~ ~ ~:(J c .J~IlQi:ee e ~ QQ ~~<~~ j::E8:ES I ZIlQ MI:iI U) ~. ~ ZO OUIlQ rdz = 01(:( < 0. I QQIlQ .0.:4 ......,,1ll15ar: ----J >00= == iii( (/)ZeZ tIJ i:o.... DlIllQa::. .calQCIo U'J >< ocClIlO '" Ild E-oDll...J 0 CL. a:I~ tiE-- IlQ IlQ oC8:iS :i I-If:~ ~CI)Q S f;:of-o~ t ~ IlQ ;1 ~~~ ~e~>~ ..~ 0'"' ~ ::! .E-o E-o "'<JU "'e !i:!i: ",3(3'~ ~... ~ Z Z "'>;Z~ <J:;Z" o ~:z:g Ciio Q Z .c~i~ i: E:::J..... x:c~ ..... M g~""~f-oaCIlQ 8 8 g~~ .~1lQ l:d~Cf" :EZfII 0" 0 E-oU~U ~ ol:':~ (/) '" '" .. ..'" "...... (/) (/) .. "'(/)"~ o~"'.... ~ ....-1 en tJo:.::o..J u) (f.I Co 0. CIo.....>QQ.....><a::. x r.n U) (l"IlQQQ.c f-o 2:0.:.... Z Z ..:10 . In, :J.. f ~(/HlI:\tI) ..... aaz lZ1~9 O':'Of-o....XClol-ltlo I-t .... CLoOXI-lCH-' .... ...1::CO< 10\ CI) 0 UJ.ctO 00 r:a< tn U) 0 Z tl..la.o U) 0 f-of"'u-. (f.I CI.o::::H~ ...< ...(/)"... 5x U ........ S ~uu ~oo (/) (/) ~..t........ (/) ~ ~ ~"'''''''.. _"00" '-..l.. - ~~~ ~~ ~~ ;~: ~ ~ 5~8~~~:i: ~ 8 8 55i:~~~ ~ ~~&i:t: ~ g 00::( 0 Z1Xf-o........ f-oOUUQtIlllQo::(CIJ .... f-oO 1XOCl: Ill( ~tIGCIJ~ <l( ~ tao ,..Ja. ~bo r1 N ....0..... 3: 3: cnuo::(Cl:a:ltI')3:.... 3: ~ ~ U1Ug/loZa. C i:U2a:1oCU C '-' /1 ~ .Y/W'J1L. ' / , {"'J- I I . 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 , ' . PRD i5 0 i5 N 2! ;Ii ;Ii :Z RM LAKE IDA PLAZA <, RM.:8 N - ALZHEIMER HEALTH CARE SYSTEMS P\.ANNING OEPAIU",ENT CITY Of OELRAY BEACH. FL - - DIG/fA/. BASE MAP SYSfEI.I -- . . .... . '-- H:>.l.9)f s;. ,"".,' " ~~ ~'O"tU.d:aQHC . - - _..........~-..---_..... - ',", . '....~.. - . '::xIII _N~ - tu..::JlI.uH:::lttV .. J~ "1l'/OWdY.-?lI/101.tI - ^=nNI>PW / dnOHS ! ~..,..' .. - #'.- . .... :'1: ':' .. '-' .... '.. .-..~:. '~.:/. ..'~ : - . I r~-'~:"" \t .. I d. r';;:. };! u I ; ,I S ., :J.. .,.~ 1) · 'f '6' -i'8 .~ :.< ~t !:. f' '.;; ". \t ~ ~ '. ,". :; . , . -.llL .',...-" .,;'. . .... -.' I: .... '" "'.," i ,": o. I "' . .~ :> .- ~ ~ .~ ~ ii i ~ -. ! .;1.) J!flJ. 11I! ~!S W't -j ~r .,il ~t I :~! P.J o~ . I:(~ i I:i -s:j~ 2l~i if~ 111 it ~ g';. ~ >> .~. i E u~ . ... ~ ti @ ~@@@ "it G l.... i tJ -. .'" I... -" . I::,", ~ ,,,,, v . .,.'0 ,z.t', ': 0 ,~--~.. ;d -'-'YOI -'- ~)t., '-- ,:.. 7 ~'___+-- '$ . F - . ". ~ji\! ::t: t "~I \_ ~ . ~ . , ! I ' ~ J Ii , J I ~ } 11 Ii :>-.. , I Q ';, . \U. Vl . " , . ' '. ;, .' . 1- '" , . - 1. " 'i I, ~;l " il. . I I.'" ., .Ji'f ~" J. , 1:. ~.l :J. <- ~l~~ :. jl ~ $..~:..! VJ .'.~ - I .... _~- . . @ i . \]. ~I. . ,!l.'!i;t ~, . ''''' '" ~ ~ ~ J: · )1 $. i ._ ~ \ ~ 1 : ) ~ .0 ~: ~. VI; ! " ,. III , 11 '" '., ! 1\, /; O ~ "M. ~'iJi-.." f , t ~ ~ ~. -, I. - ., I , it " . ,. . - ~ ~ l: . 'll' r 1 '" lo')" ~ 1 ~ -. I " 'J '~<c.. 1: "':J\. '.< 4- 1 '.'. . :-v '~.; ) -I I ~ · H 1. ~ l .. *, 'H ~ ~1i- ' , · t l ~ . ., .' -. " , '. - . .1' ~ · Jl I' . II I :!Ji- > ' ; . p .) i .,. I , \ , ! * ~ , '. l, , 1 I r - ~ I I it TO it; ~: ~ ~ -- - ,~ ~ ~-~ - -- ',,= - . .;;;:..~., ~-> ;;'17 _.;. ~. " -..09,~,. . '_.~ . ~" -- ~ - . -. '-.. V'5Y ". . cr--- ..~ ~ . '" ' '~-. ==== ~ -t:-.. "~"..---, , :"\ ' n . . . 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. ~ I../to-I {RRr7do~h d :SSE/~f)9 ) .s u..B ~E12- ..,- rn Pet- 2. BORe() eE(!. 9'- ref:agmemo10 IIJ /fh ftDO / 770 /J /1,- t20n /)1 T7()1) 5 eE:.- t!coei:>/PIJ-'I7t7 'f c1hl:-u... ~/'rd- UEn TUec- } ;:nM.- 4I>p,eovlH 1}U~().f:trA.t iu.t (],fY{ I Q.- w / 0 S 5 ~ I€/;lmS ~ -I6e h h.QOE- fbbt:t~ . . ()!\ ty~ 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 . ' , 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. - z ~ /,~ 0 H I N -"- ~ ~ _z w - ;= ::l - m i CITY Z - i= i= ---I HALL ~ r-- ;:) 0: Ji. 0 0 I z j IIII VI z - ---, . - .....!!.~ r~ 1ST ~ ~; ~Mrr-=~ OCD .=.I'~I=:~ VE:TERA A TLANnC PARI<. - CENTER - Z Z - I-- ~ _ 0 SCHOOL _ >= - ).'1"""-- PLAZA ~ _ ~ SQUARE _ r I~ ~ == ~I-- ffi[ IJ]]]: S: mU 'lIIIIIMJIl ~~~ Z i!1 z z ITDI ATLANTIC AVENUE POLICE fg~7y [ill] [[J]] []]]] IITlID 1L111 I[[]] []]]]] (]]]]J] {]]ftf III III 11111 COMPLEX ~~~~.I II II II I ::: L Jl J... ~~. t=J 1..:11 I II I FlF! r-:n:::: i== 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. ~::,:::::::,,:::::::::::::::::::::::::;::;:::::::::::::,::::'::::::::',::,::::::::::::::,:::':::::\\\::\:::::1:::1,\\1::::1:::::,':,:,1:::1:::1::,1\::1:'\1,:':::::,:I\:\I::,:I:::::,':::@:::I\::I:::I:::I:::::::::\::::::\\::\::\:::\::::::::::::j:::\:::::::::j\:\::j:::::;;'::::::::::;::\:::;:\:::::::::~::::::::I 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. ~::::::::::::\::::\:::::::::I::j::::\::::\\\:\\\:::I:::::;:::I:::\;:::\::::::\:::;\:::\:\::\\::;\:\:::::::::i:::::::::'::::i::::::::::::::;:::::g;:I,;:::;::ll::i::::g\::i':::!:::I:;:I:::\;:::::::::~;!::::::::::::::j:::j:::::::::::j:jj::::::j::j::j::::\:::::jj:::::::::j::::~:::\:::\:::;::::::::::::\::::::::::::::\::j;::::::::::::;::::;:1 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. I;\::::\:\:::::::::;::::::::::i:::i:::\\;;:;::\\~\;::::\;::::::;:\i:i:;:::i:~:::::::i::::::::::;;:;;;:;:j:::;:;::;i:i::j:I::::6):::I:::Y:\::i::jR:~::)I::::::::::I::::i::::~:::I::;I:::J.:j::fJi::I::J.\:jli::I::::::::i:i:::::::i:::::::::i:i:::i:::i::::;::;:::::i:::::::::::;i:::i:::::::;:i:~::i:j:::i:;::;;:j:i:::::j:~::j::::::1 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 . ' 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. ~:~::::ii:::i:i::::i:I:i:iiii:ii:i:i:i::::i:ii:iiiII:I::i:iII:iiii::::i:::Sii:li::il:::lii:lii::1::!:j:I::m:::I:i:li:j:::iiiil:ii:I:::::Ii;ili:::li:il:iilfl:i:it:il::i~i::1::i~il:i:il:i::i::i:i:::i:ii:i:i:::l:I::l::::::ii::ll::l:::i::ii::l:::i:il::i:i::I:I:::1 CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation 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. . ' 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. . ' . 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. Ir ............. ....... ".:r ...... ......:.:.:r....... r............... ..... .j" ...... ......... .:f" Irir" .... ... ........... ... ..................... ..................... .... ... ...... ..................... ....:I:Iir.. ....:...:1 .j:::@::::::j::j::::::::::::::::::::::::::::i:::m:::::~:~~:::;::::::::;::;::::::::::;::::;::::::::::::::;;:::~:~::::::::::;::::::]~:::~:~:;~::::::!:::ffi:::I::::5::JJ::::::::::I;:ml@:~:M:~:I~:~::::::::::::::::~:::::::::~:::~:::::::::::::::::::::::::::~::::::::::::::::::;::@::::::::::::::::::::::t::::i:::::::::@:m:::::::::;::::::m::: 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. 1:'ir:r:':r:':':'ir:Iiri' ':r:.:r:."" ':':r'" r" '~I" r""'.,.,"",..,...,..,",......... .. ......."...' T' r....'.. r '~I '!Iir:' rri'ilir',:,r' ri' Irlr:r;':' rIff..."........." ':'........."". T.......," r..........,"",., r' r:r:':r'il :::::::::::::::::i::::::::jl:;:I:::::i:i:::::::::jij:I::::i::::::::j:~:::~:j:j:t:::::ii::ii:i:j:ij:::::~~~:~:j:::::I::i::::I::::s:~~~:::I::::s::.:::::::::lrl:::::::::g:nmlf::::fi.;:I:::I::::I::::::::::::::::::::::::::::::::t::::j:i~:::::::::::::::::i::::::jI::~::::::::::::::::::::::::::~::~:::I::::::::::::::::::: 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. n,-ir'i rr'-f:I'-'-'-iIiIn'.rr'Ti'" .n........ "l"i' ....il:"!"i............... ............... ...:... ":" ..Ti'......... .......... ....:f.":'..... ......:.............. IiliIil!IIIiIiI!!I:..i:Iir.........i....... '''I,-'' ..... II :iiiiiiiiiiiiiii:i::iiiiii::iiiiiiii:tiiiIi:Iiii:iiiiiilmliili:liiieiillli~i:il.M:iiE:i:iN.iil1iii::ii:lltJ.ii:giiiiiiiii~i:ili:iiIU~iilglliiliitji\liiltiiiii:ii::iiiiiiiIiiiiiiiIiiiiiiiiiiiiiMiiiiijjiiHi 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 ( ~ I V /v I I I .......... 1. I 11.(.. Arn Sf. /. " ..; ..; > > w w I ... ... oJ ~ > ~ w w ~ ... I ~ > w 'lE a -( ~ -' oc ~ ., li\ a a I 2 - x. oc 'lE x ~ '" .... t; j!: 'i i I ... oQ X i oJ oJ .J I oJ ~ X X- X .J oJ .J M.W. ! i X X X .. 3RD sr. '. . ;' " . .J I H.t.. 3ltO sr. i, () , ~ 1 <oJ I I, ?( ... @ I 11'1 ~,.. .. ...~ , I -- ~ K.W. %NO 'll:. ~ sr. I - - @~ I K.t. a ,-.. - I .J 2ND sr. 7 ~ -- ~ o!/ ~ z: ~ w .:/ ~ X ,'." <@ ~ 1 -' > O'@ .' It.W. 1ST ST. 0( :i I 177 oJ -;;;; i ~ 'n -- @ @r= :-:_~ I/~ -- K.t.. " 1ST n. 1--";;; i-o - I~. ,~ J" @ :- ~ - -- l ~ - - -- I:...:: ! - - ---I - 1-- I t-: .(55 - --- t. ! ~ ATLA T I ( A\ ON-STREET I il , --~ I 7 J.-- ~ ~ m. >-L - - @ I -- - - s..w. } ; ST. .... S.t. .... 1ST ST. a: , i& w J - ,. I ll: .J @ @. @ 1- a ~ , ~ I ~ t- o , -,ir. ~ 2: R ~ - J@ ): oJ s..w. Z!{O sr. I \1 vi I -1 s.c. 2ND sr. i:! \J .J \J ..; II > > ?( <oJ 1 C/) -( ... ~ <oJ oJ ?( ?( ?( oJ -<:{ 2: 0 0 - ~ 0 1:; '" 2: t\ .. .... ... - ti II 0 ~ 0 d U - ..: z: ~ L .... ... x -<:{ ~ i ~ 'J{ vi vi " a: vi en .J oJ 11'1 11'1 vi .J :) ::i 1- vi .; oJ vi I z - MAP/ AVAILABLE PA/?I<ING' t;j LIT..)' (eRA <;JW#ED N ~ . . ~~2. 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 . - de. Isr S7"~ - ------ -~ -- -- -- '-J~. . !.s. If) i ^' - I ...J ~ . - 520 . :c f""'\ u- (/)~ ~ - >-CO ::J: ~ !L>- ~ .-IV 2m . <..:)--1 ~ ~::;! oc3 ;: ::J:..x !L- ~ ti I\.) ~ . \( ~ ~ ~: . = ~, S = = = ... eel . p:' . - = 11f .C11 ... ., ... eel ll~ -- ALt..ey S ~ETC.H ?(....,J . ' ['I< [/!~ J [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, . ' - - 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... Conh~ellor Solo '.,ld Pu,eh".. ("Conllocl') ..ld ony IIgIll1'UlO. hOteonal",n b. COI",;oored lor .r Pu,pos.. o. Ofiglnolo. 110. dol. 01 Conkacl rEllcel"'" !Jol.-1 wll he U.. dnll. "I.., UIO Insl ;...; of lilO UU)'G' ord SoU.. I",. alg,..d litis oIl.r. .. . , .. Iv. fiNANCING: """ ,..'j' ..., ". ... .. ,::: In' ir Ih. plUch.a. prleo or .IIY, pori 01 h ~ Co ba """'~." by " III~J'PDlIY ~.n, Ii.li c;;,',II~~I ~ '.;ondlllonad on II.. Buyar .blnk,i'll . w.Hlon coon",H'nen! 100 (CIIECI< II' 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 Ellocllvo Dolo, '"rn"J, .'olanlO,J. "0Il1 oU inor\o.'I1".' sl.11ng ",~",""" boIonc.n, molh"d or p.y;;";J, "k;,~.' .,.10 Inri 1101111 01 Il1OIlonno., II Ilt or h". il!l'.ad 10 ....""" . 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.. '.: .' '1; '. ' ., . "1" :.".... ,'0. '.' 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.- ("'....1,.,1'1 r.h:'!" I." vn"" or hllllUnl'llfflnn 'h" tI:,ulin!'li lJnles~ In WIllI"" nnd t!xocilled by the p:uly 01 parlin; Inlunclad 10 be bound by n, . ,.. ~ ,., - ....1 ..... r:... 1...........1.. h.. n,tvnl n, w"l.." I.".... 11..11" . . , .,1''', .... ;...oj" ":~, ,,:. I. I .. ....:~..h:...:......:..! ,;. ,,';..;)..1t::,.:.t.'''.... ~'~'" .~I,~ ~.':;.:i. '.::. . .....~... . .. .. ,'" '.;;':'~ ;':.';.,..,.1;...1:.~J~; l"":~.J~rl'~~!:-'{,~;i ,'.; ":!,..... ~.:,. ''It',f.4 01..1 L".;';' ,.:... ../,. '4'1,;0. :"'!,,, '1~' '~', I;)' .... .:: '.' i ' ,fr~:}~:l.rr:~:/~:::'f~';":';:;~i~;d~!:PS:-.!f':'~:,::' ~:~'::';:'~';'::., ~.:' :-... \."1 I..":. '. /' :l:.....:~ \,~~': '~ii:' ..{>~ ...~ ':~:' "'.' '..' .i;'j : . ".. .., \.,. ',I.. .'1. ,....'.,.,..,. ..'?J, ",. ..,.": t.. .... ..., . A'. -:.'.)' ......%. : ,.~. 'j;" ~I~"J' .' .' ...:!" ll::..&.~. ,~'j.I:.1 J ~~,,:~ ~\.'"::"'~:J:'r:I~:~~!j~' t',il.J :"_1,:',. ..':" ~ 'lo:i:~:;':.: ;.~~':;;'" (t?6.. "j;f d,...~/:'.]j.~:.. ~ :.:!I:-= :!~ ;.~~.!.: o:!:' :" ".:' :', :.I..).~. ,', """.'.0'_1. "i;'. ~t"lw.,t. ,"'" 'f~,,:, . A . -7 - .. - . '-, '.. :.. ..... .. ...... - ,_.\' tt./t=l.. ,'l; ,t ".', \'\': JI '.\. . \' .,..,~... j' , ....::,..;"1:/..:~.~......:;.;.;:- .:.,..../...~.J...:"'>.....I ",. JL..J.:~;":,,: . . ':';"\'iJ!:tJ.r:. '" J:"'''',N/...". :d;..:..,......::...r1..:t., I r'" ,',. h~' ,'t.;,";1.'1""'J_ t. l.!r.........tl:,:; I..~~,?=......l'.. '" .Il~: . ';~.'-"L ..t1'~ 'I' ;....:1p~r,.f(:.;,..r...YI:~',...N!:lt\ ,~~. '.J~ ~l"'~' 1\'~1 ~:"'i .' "':. """'~" .~ ..'...,.....~<'t.'.. .......t'I,~r...."~.l'fh "'/t/"u .. .-...,.:-":....: . ,,::.., ...~-'.;."I".''''........\l:''.,1\ '~1\": ...,I~" '\l 'N. ',.\.. . i:.. :..:....--?~ L.. ,'t"f,-:t'.;'l' :' .~t:~.:..-:. ~...;~.,'. ~.. .......1 . ~ :..:: '. : 1""'"'''":):''';:\''''' .-.... ,! :. . .'4:..,.. I :::\!~1.:. ..:.:,. l~ "'l~~' ;'.., ' . --;. , ".1 .~':r::r,::7:'~;I~'!}'~(~~'T':'..l1:~~i,(~,~i(~:.~I.I.p;',:::....:;iJ.~:.;.;. ." .: .::.:~..1;:~. :.:.:l ::':" __t.:.\. ;..:::~;;;;~r ~~. . y\.t :::~i: ~~,)!' ~}~. ..; .::.' . .~. .;~~.i.;~,:: ~...:l.~.~..S..\\',:~ ,\'::;l)t~W.~...,.."/.f.""'.1'~I", ..;;l,'~' ':\L.;~,,,,!,:""";L:"" ,..I':!:'li;'~'~:~'!~ ',I::\~.. I 'i ;'1,; "_ i :.!.t:!,l':"+j! !;;:;~~\I: ';'~~;~?d.;'!i!ft.'.I(r[J'~ZM;!h":: '1?~.j>~\I!':':;: \:' :," ;:!~\?ijir.:~':';'i' :_f,~Z!!'i\\!j-1';"1\~~~~~~I:' :'~.~ I~' t~~ ?,1:1 ;;~':":";~"":"''''':'!r;rh:~ : r.~'~f~~~f~:r/r.I)'I:;'\'t.:~':\~.\~;~-:.;.~.),.. ~..~\;t:~.t:I~~\'r t;):'~ :I;d"l~ .~!.II~:I:ll:!, :~,.~. 'r. r: F ( ,\",,:!,,':I:~(;~~'L.r~"r\ J !;-.~"tH '~;.; .~~ :=;::1 ....: I i:: :.~.:: .!r:l,~~;' "~f'\"!,""I~~i{~"\""',:o""Y"')':J.{:,t't.,t;,{,..",.~''t~h.~!i ., ~. ..1:"-, t. .".'.:'c.t t1"1.: I" 'to .... "V ......J:~~ ':~~; 'r:~I~.:r~ I .\. J:! ~'rJ- ;~. (1" .., ,'.:...... ~ "..!'!,.t"h. ':~',~!;!.~..;\ .~.;.):..:.1:~ "\!U:'v~\"j,~~\Ht!li:..~.;:;-.~"'~'~: : ..:.!l: -:1'rl~l:t;4r:~":\:~I:;:'C~"'\f~"'ij;'i.o;:IJ:':~"'I' I ".t~ .....1 ~ "N..\ ;~, ~1:"'1"'~~..:,r':1'(:. i~.I' .: ij[.~i~lf~ti.fi~~1it~w ru~tl~ti\m~~k~~~~' ~ ~~ III ~t ;Ii~1Mj[~I... ! 'C:T~Ir'~111~1:::f,J1~1':~:;lP'\1)(:...lk~;' }~:..;:~~.~:A;;;~ar';.~~l:' :~;'r"~;'~f;~~f:3~~\:~.:~ii~;r~r."i:. :':i:,[~\~~!i.:i! .. a~ : :~r:.; '1~ t':'~j ~"1 :\\i :,,::..1.1.,.::' t:i':.~;("... ~~~dJ,~y,\~\1i;'f};1(1::~Jt~~~~:WlW~~~~Yl~(~J"}::~..."t~5~~'f.i.~.~:;~!i:~~'f./~f{,.:~:{!~:? ~f~~it~;:r~~:&!! ::it'~~t ~'1 :~~~~. ~~~ id!i~:k~~ :.'~i~t4 . : 'i:i:,'i'4!'~'i; :'~ll):\T~;!1~;;'~":~~~':~~h.vti,'t-':"a';f;~ ~.l;~':i';~"';l\,,;,:r1~i '''''If:)-'''t :'F~..".l:-":I)~~l~ ",~j' \~;ra ~~f*...,~.); 1.',!flj Il1;1-:k: 11'tJ.j:rl;!:~! ., t(~~~~t~j~~~~ttg~~f,f,~~~~~~k\~~t~f~W{t~1~~~~~}JYi~,;~~~~;;~~~[!f~~i~;{11~;rn~I' ~~I~.?j~ ~~ftt ~~\~~~~~~~1~ ;' ~l~~~it~~li1~}1~~IJ]~\~~.~.~~~8i~r:~~~Kr\~~j~:~i~~.~~~t/;fft~~~ ~ ~~.,r1P-,Hi~n~~'if~f.~ft:il~~1~~7Ir ~~42 ~ ~~~" . m,~~1'j ;"ls1~~~~!;.J.:~~!~~i~~~ . .". : ,.....,...1 \:;.,,'~"" '" . ,,;410;' '.' ..... :";.:.t~..\ l.i +;..?ir.1 ,':.. .':1.1. .". .., ,., '. .'J>. - '. ...... a:,t,;...... ." . '"liX~~~\1~*~~,~~l~~~~~!~ifr~r.Wt~~'~J.) t' ,t~:I~~ ~~~~~~~l;' . l<i~~<~~ ~"'>R~.,J"~~'~Li!!-:5~l1it';J;\.~.';ti,~\!'~'.r:,~'1'.',~: I:'-~ "l~,,:!'i:,'.,., ,.,.... ........I~..l,.,. N!:, , ~""',}'i '''i: ';?st:,.,; ti'zo 5'~' . !:' 'T. ...-'..'...:r:...' ~~lIl\)\~~!~~t{l~*;Ir~J[E};I;:;i~~~\iSlc;!.if!~t~;;~X#i{~:~~~"~l~~6~~i~:\iP:;.~;~:~~,:tR~~.~. . ,;.~,,~I~f: ".l;f.;I~~V;'~lr:.;~.\,;:';1\~;"'~"':';:::"\':'r"\;'.' ~:: r1;",~:,t.:~:.~:::7r\' : ;,,;,,;.. ""! 1~:,'i:;1; "I.W::'?~.\"'''i':~~;I;'!V'i~;ail'' 1j\:':>} Hq ....' .j, ;..1",' . i,' U;I~{;\h~~rj'h~~I.~r'll~I!~ :l~~;f~S~ !~~~~'),'.:-,1!?~'j,~i~r~~~{ 7~;'.\\ !/ly:~ 11'fit'{ ,:..~.;.:~,: }~";-l" ::,:.~,;:~:.~:.{.~};:.:t:i~: 4 !~~:.;~~~f. :1(~~:'~.~L'~1~it.l,1 ~':';,.~~i~t~~'~:~.l!i,{;.'" i~:::J.l; f, '~l (~ ..' ..f.,......:c.; . .1' &,....... \. "r:"'~' ~. " ......I..'1.....".l~.......'\ .... . .... .... ........ :........~\...-'W"""."I.... .,,-'.1 "'.'. .."J........ . ~ ,~~fd~~\!~y~\;)l;:ki:.:t;:~~r.~'I:.;'f,;'i~~t~~UW:iA~:~::;.:;itf'~~~JI~1l~r.i1;;~ ::r;',7;.:::.j;!':~:\:~"::~:;:~11\Wn~ :'~Vll,t~iltk\1jig~tfl'~Lb~h~;fti\I,~~i~'I\;;:!;;';~' . 'tr;vv,'-:;;;;:1.1;1.YJ"~'r.,.,.,... ":1i~T' ~,/,:' 't..:.... ...... ,...,...".,..:,'l::~: .:v i..~-t..,'~:i'~~'(.At """'IlI: .;"..,.....:::j.\.. -li~" f~it .'m:.....,.:""I....,.,""..~ . : .tq,#t~~I.:~i\'4?f~ff,~i\~1~;~x%M~~1~i~.v:~py&\~f.;r~!~v.t\~:~1.;:i~&~~ti~i~.I1Mj.~~;-~;;)~~ ;~M~~f.' ~1'1:~I~j Ji\~~~~ '~\~j~~: ~tt~~~r.\t~ft:J~kl~/r;. '. ,JIl.JI ,...... ...~II. 7..lf),..101.''..II..:...,,,.....''.hl :",J~,,,...~..jl~,.hJ .....'~.Jt.,..:~:"i.\f..."'.: ,,'.Jd~, ("".'~'II,~r~",.il;,. , . ~r~M~m~~~1t~t~~i~!J,ThWr~~~t~~,'S\1tjn},;~!!n1f~W~~iWi:(.i\f;t~:f~:~1;~f,~~Jl~~f-f,.~ir&lf.~k~~~Ml~1 .. .l '.. - ,- ~!"""-"'1" ':1'>',' q .."." ,. ,,,,..,.. ";; lJ I . '," ....\-".,t, .,,10"'-1' ,.:.,,.."., ..~ "~-f'\~~I_. '1' ~tlJ,\"i"."-' ~l""~ ",_I.~,,,,.. ",_ . "~;,i ~~~{~~~tf.l~;J~~'~ r~~r-kt ~i!~~~~.t~~\~ ~~,',~J.::~;\\!'~:\'t~1 j. :.1\ )~\!::"~lr; ';~!'!':;:; ;:\' i:~..;.'~:t ;.~:::.;~.:~~ ";r .;~~ ~f!~";f ~':r ~'1':\ \~ ~1-:.i' '.:;~~'. ~:"( '\:': ,;1" (:',(, ..' ~~~t~!~~~~r~~~~~f:~~~~0W~.tf:fl;1~1J:~;;~r~~:f:=~~:::~.:.ff:~~~)Nm~ ~~(r~:.~:~~i!~;}.(.:}:?~:; ~):;:i:;ij;~~~; ..~~:~\:~[{J;~1;~~~{f?~~i.~,:i :::::!;'..:;';~:,:' ::~~ :,:.i i~: ;::i;:'.::' . ::..h,....~:..~;!:~E'!;'~;J(?l'~X/c:JMr:..'h"!'." '.' .. ,:-':. .:;".: ,.'.(,.,1....,',. .. .':",..::,.J!..,... ....:.. '. ., "'. ._.;..l ::~~~.;!:.~ri~);~~i.ij:1Ji.\.'.:(~;;1:~.;:j~~~~i,~.r;t.1~~:i~i'i::;\:\:'/:' :i~~:.:~}~r:,-.~.j::.:.:~\-.:.....:; :.~;l\.:.f, ~':~..;;(',:{;i~.~::. '.: :.:!i~~~it,i.<..)}:{.~..:: .. ". :..... ..~.~~: :.:.;;.:.:Ji::::-:(rlj~... PLA t(~f ;::i'EH"PL E":.SI~ AI :'~I'< tALI! ';BEAclI,;COUI/TT.i.::AccbnpI!if..i;1:0~T,k,;~ ;::.~~:'; :"':~'!/r.hf;~;; . .,.;'.,;.: 1:''-';'i'.I'LA T ~.-rllEnEotll nEeoR DED~ 11/::rLA T~' DOOK ~.'16'i::' r AG E :.5 3 ;;or'~1Tlf E',:.r.UJ3lJ C .~'jf(~J:,,;h! =;"ir/;,~ '::,:.;; r:.~ ;~1~(ir~;;W~E~.q n~s~~'qf.M ^41{;n~~~i(iCOU Nfr:;:,i F;~9.n i.jj~ i.:1. ~E~S:i All ~!)Iott i,ll t;~~~.I iffl.:'~lli.E, :.~.;;'.~ :;:'\1:'.;~>;;l;:. '. f.;'r1. J\~}~':1t"fOLIlOW rtlo.!\DES en IDED~..;P ^n eEL :.;..t;f.';::i:,':\';.,!:\'; ... :~r. ~~.:'!~ '~.:;:~':1::.~ .!~:'.~J!:\':.::~:::~l~j~')ii';;"'(:'l~l.l,:.....;\..,.. .~.: ..... .::'. ,.. : ~ /;\'j;:~;':~;:NY~'~:~~~i;:.:~.?;~.t1.;~~t'.i{~~:!::~ }~.~~',t. ~:/:~\;,:; .:lf~..:!'::' '};]'!. !:,; fX.; 'i:.;::';~",~:';~;;i.'~~<':'~(~;i:j;,:).}rf~~:!1~(~;~:;,~~~.; ';'{Ij .; ;\.':-,..: ~.' :.... .:I..~. i i:~. .:..,.)...:..~ 'i""',' '.. ....:: I: ..t. .:1 \ (.:.1:. '1.';,.. r:.~\~r.,(. ,,:1u' ~r. \:".3, ~f",...l":., l"h~,!, i"" ,'lot,: ,/,..lo>:h('( l-...\:~n''1t~~', ",'::-. ':....1: '\"..~r\l...- '.Il J fJ!'.:'..:l,:' .. ~. .,' 't..t ( 1 Ii ',~;;/An';~.~ i\ ~:ro lit' I dt-i..;, Qrl''; b\ :r~'.OF:(; 'i'!::i-1p.1 E:.'S i: N1\ i-ii b f :;,1':i lln"!n ~'~CJi ~co ti~1l V ;::~'j ~~;\rJr.';S:\ i'\~r!.l:':r:':"":: :;': i.W11J:\,' .~, "J''i''('"''~~-(''''''' "d'~"d' '11''''1''1'''' >-<,. .... "'1~. I G ~'~l'..,... ......5. 3.~1., 1'" 1'" "'" :.- I'~""'" "t-~' "'1 ~ . 'l"'i'I:'ll';:"~'!-1\.>..,.; '.' !"'~r\'\ . \,.;;1,.,;0,. ,_.",:', ;" 'l~_,~"~'l:eco.t e ~J II.-,g aCI,Doo^,.:~ ,.~ age; .:.oe llg;:JrloJ:e ..p'll~ SU or: Y.I' t..;.t;""'''::''''l~'' .r;""'-:""l,"',l,~ ~XJJ.hf;M:!(f'~ErHiec1" ii~~l fQl'1o<.iii r~~~'HI~~(';\~;1'"r,'~~Hti:~i::!.'~(i;"7M:\';~';:~i~;':t'~'?-i':! n' :'!......lii~i~J{.~~t;~~~~~i<;~(' 1:',;';:;: ,'j";;';I;:;;:; . ~1..i~;~1~1{12!~f~;~!.~q~i1;~i}W!{.?4j;J:I~!jt:&;\i;~I~It.1~~'{irj~f.l~.~t-Ji~l~i;;{;,~ttil'i~';rI~~IJ~tc! ~fl/~(rji~l~~R~ihlii~~!f~I~l~';~~~~~~F~~l~l?,~!I~~:~i{; !r-;;;,~to/0;~ . ~v.'.~,tr~lJtGINtiJ:NGt,a't;'.~~J: Ic d ltersccdon,;oV.the:,SoUt 1~.1t 9 It:"'bfi:: tay ~ 1aen:,};\ii:<;1'1 \.~,;:,'::=t"!.I:;n~,;,!," '.p~.J :ifi!l"'f" 'l'I'~'\"; ...;.....2.'.1 <'(S-';; 'h"'~"t:.\';t"";';tI:'I"'I";; ...t: t' ':1'1-'1' .,-.".:~. f";"j""'"'' \:.,' 'H~",-I!.. \, ,.....".. :j:lii!.... .;~'::).!~J.:,.:" c...,.-\'~..\..l..~.J j' I:.;J . ~ ....thO lIi:t : 1'.'_' nQ!~ .-..:r.ee :j allu:. \e: ",as 1I ne,' 0 'r ~ Ie.. nuove t..mBn U OJ e Ii ~ ':i.1:,:I.:.;c,;:":~'I';" :'~'.';'i't ~ti"\~l'~;,f': ,.,,. '1"'< .~. r":Pt:"~""~" ~I ;.,., :..,.', '1"s..J.., "\'" "'1 "'1'"'' ,.....~.:I.d'.-.-.E. . I '. 'l: "1"1' . ,. ,,1.. '-:il!;'; I~'.I"-"'~"'.'" f "10' 0" :rO" ti'I.!~... 'r, ,:f">.,": , I!" '\"". (',1,,),: ?.., ". ?~~..p n ":-'/i: t lel1c~ ou c . 'a OJ g:~~9 n 1- a~,":. Ilc~:a. u. ,.. t:4nce;'o' . . UI': ,,\.,,'r ~-:'.:'~It. : 'r.~Il&':.....\:' :r,~'~f.r,.'~~l;t ~"'\"""'I" '<'-" .' ...1.. ..~..,~ .. ~.:, . . ,.;, !.,'..... ,I. .. ".,.t- .-:.... lIll'l "J...:Ji;, . 'J... J' !'''Yil'l'l ,;:.l.\':kt;. " --",,"""n "'~"'" .1, '~ ~,'" :..~.' llC t:.;,l'.the/lcc.' S :.x'-,O ~';i:2 7;..,.:3 0 ~r!.'H 1:111011 .' t lc;;E<19 t:~, I e~/o..., s 011 !",. n t;.!,.. :~{'''~ :'.' .i',,,',,,. ;\. "1 .r, ,tlJ'..bY..!-J.... :~id' .,j.., {1.L.,'.,...'f ,..~.~J.;Pl!B. ",,~ .....i,j;::..",.",; "'-1.'.',.\........ '?l'~l'" . ~~ 5 6 '1)\'3'1,; j,'-:'I-;;'<"\ilr~'l'/;' l'h,.i'l:"';"l!i:htt~I'11,)"d""l,;,...., '1'\ 1 :f;I[:J~ l'..l-:,,,F1.I:H\ ....stancc.o...". ,"'u.~ce...l1~c1ence:..t: ,(,'f' 'lIA...~n..1(J calfc\O.iT..~.T,.....,~...'..':I..:';'.,;\(;)'. ';1. :t~';l\lll" .1,.... "'f"'('U' '9'1/" '.' ''''r''';'li~ J -"'t"'l"" ". ') , .~ .'. .i_I'..... ':~':""i-' ~.;:...... .'i..' ~, '6.'~: .-..;'l'IJ.l'''' . '~', ,," 'r",..::r-"II:.J.t.l! f )}a~".~) !,---:q f!i1i'," .. I. '.fJ'~f:-;o.:':O f' ';'.JO\11 et:"1'~ len e'.nor\: 11" n'.'{] s..nJlcel:"~:O~ u"v ~ eC! . 'o',onl,n'S':,'~r"", "tlf'; -J' I,:", :",-: :.-1; '<N A"I;~:l~'''''t:'''''l'''oj1';'I'''' :,..1('''i!I'':1''''~'''({U''';; '''''lP'j fl':' '''J.'':';:'[' "i!',I;, \l.:[\:.:,:,r.>IE....',::.1 ".~i:ll.!..~M;.\"~~!r':I~W~"'t 1;"...ti.I'!~I.~."J;\I\\ i:!1,(\.. ';''fI...;.l'<.l.....I.l1 'e.r;sec~Olg"'J..... I, a~'" rve-'....oy.t ler '" "",\",t;I1",'"o,," a"t;t!['.,r." IlU.IU' 'i{!J,',~'4.' )"'~ ,.:.'\".';.>,.... "~lo;"'" !\~.~',t'.~i"'..,~.'.l.l.~".,.'l:.O:;'l".\"....r:~J... ;:I....."l~f.~1 2";'09'-" '1"'t::'''''1''' h.J ":;:1" "...li........ :1. '."l'~" 'll!:~~1 ~1>..:I,.;.'i;I.'J,..~ ~;','..:r;:7' I'Hl"r"lI"O!;.t;lcasce...- ,: n;~.l.!/ <snce v'l .; ..' ee->;lI Ony\.I....Il!,c. r "Ol::/l'!I8 U.,' ~g,h',:.;.~!"'::r"Il.''''""""" 1,.,:~,l~I":I'~""\'I""~i"''''h''" ....r.,\[~'f.'I1.H,' "j'~" :f' ~ i': 0" p'o' '0' ~f.'::':'~'~':t-'."'''l~'''; ,. ; 1.;,.r....'.t..,.i;<5,u1..'.';:r;i~;;l;::\\~'-;~~.lt;t~M.'.r:~".h,\.l'J..... ~'.~ \\\1.\)_ J'\!(~'Cul;ve "t1aV:.1'l1q:,tu,.r Cl.l..Uu"O .(0;).. r. cecl nuc .,a.,":.'cel'c.~o. '.'lIng f1;"~f"" ''''\'~''''''''',x..."ti:}'!~'' .;..r:?:..t.... ~~#..:.,. '!.t.;tf..l'f~;l'ti .;;;"'\ti'~ '::';;';j "~;'tb:W1i""'(\ "fj I;P:di~.' .'''. ,... .....,..... ~ '.':, \".) Ei ,"....~ ...,1". '9' ":'. 'J..\;:..... i1 ~r.::~~...::....::;;.~!:. ..~\,., .. ,. ':': . ,r Ir~~~4..c{l!(~y..~.~;.'ff1;., .".;;~~1..;.:...i~;t..t,J~.~,,\~E. 0\ ">>l~ :-- jt:.~~~~.~~~~.~~ ~~~! ...~. ...\<:I~te,'~!1~~''.I.~!~~.,:.e.f';;t:if,j1-p~~i:..t:.;:,1~'1i''r.!.;~,.....t..... ';~~@:~'t,ll~~".?:~.M~~~7,\!. 0~/:I6!l.~~J.;lI.~,~,r:~.~"':!' t;'~.gp9':~ t!!: l.:,!~.o.,:o ~;i;~ald:..i:.~ ~ve..: '!~y ~!.lI;J;'f.ri:'!i~:;~.k~;:.\.;'::. ';': .:...:::: '.;r~ '. f~ ~~f.~t'~,;.\~5!9..1,}\9l'~P~~J~.1,~;0.Q&r.~~ t;:. an.d;l!1. ~,Rel1l:[ a~'1 D.1,\g! ~ ';.0 l 1:7.1'::::.0 4.hiJ H;;Wl:of;'f'.'cf~;\~ ~;i:.~ :~:':i.'!; '.;~ .:.. ' ~.:ll~'~ ~~~O:r.N"'1:~Or:'DEt:INNING.ltidr\~-1~\t~'t{~~1~~t,~~lt~~~~:.~f-')~.~'f7~!~t~!..~il~t~'~\\:)-iJv:l1tt!t'~r~:~:-':?\'):~fl:~'J.~~'y"";: ;.~~ :"':~, 'l:.I.< '.' ~~;~r,j~~,..\~h\:'tJ!~~,/!;'!:rt~~ ;',:::ta:.,,!j~.t~~'.!.,!~4. \~"':ir" ~~:.::':. : ;.::.~..:. r:'~,~ ::.:...:f!: .~.:;!i'~."'~{yrlll".!t!';;'':<<'~'~!'~ttjk.~:i;.tr...'~~'.f\t':::T,..~1!~~~,":J),: ,I ~,j'.I:I,;t~::::\r ~~:~~~~~itf~~t}11~~~li~~I{~1~It~;~i\Jt1~).~j~f~W~~I~[f~till!~~i: ~Jllil~~~~~~~~;f~~~.~f:~~1~~'. ': i~~)J1::~~.n~t!0i;~;{~~:'(;jf{:~;~~rf.~~.~:V\~:.;-;~:,:::::':"'::'''::,,(,:::\~:,,::::::,,:'~, ~:i.::::.::.':.:;)/':::~,:':i:'.\>"','~',,'~'-::':'::< :: :.:.:~/::;':~':~:':". .:,'.:.....:.... ~";' .' .' ':., : . . :' .. 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. . . , " ~ ,. , _._.f .... r:,.. I.-.......,l,l.~ 1..- nllvn, nr 'fIhl,.1, bn'''' /lflt """0 , ., , '01 "., ;.o~.'(~;'.!,". "~""-":~A' ,:.:,...,.:..'.;.. ...~~~..I'.<.'.'#'. ,~..\., :;:','.r.':;.). ':i:. :.... ....... '.' ,.' .' ',";'; :J;~,Il' I.~';, ~"'.i' .."".: ?I'::"'SJ '.:.l.i' l..~, I,.. "':'. ;." .. ...; d AO jA C' ..... ',', ,_" 1,../ I'~ /.. ... / '!', 'II" ~~ 1',1" . .., .. ",", ';'~"~'''''''''''~'''''''-'''':'''''':'''''' !.,- '.,,0"( ..... I' .'".'/~ , ":.. "~' '~. . . ~'..... : of"""'I,'. " '..' 1 h','L':) 1'..lI.",~' .. u,...'. ... . '..,~'r . ..... ..... '.. .' .'! ,',"" 1 "'1 . :,'I,':.:,'~'\.".:.:f""':':7":"'!"~1."~t:'~;',?:h'I.:,~" ":..:.:-...!..... .,....,....,. . . ,:. '.i'.:". 'I,i.. ';. ,..,.. " '. ....,;.,. ""' ',' ,.,..1".."./1. ""rJ,l ". ,..' f...... ...., 'il' -" ,; . ...,...ti "..A. .1.." 1./'.... ..... .' '1 .:...\;&";" .~".I .... ',' "', ,"'r-'" wr......t.I~:'..:."..'. .1..:",,1....: ....;:./t::J-' ''j;f' d",r ~I""':::> . ~"t: : .31, . ~IJ' I:'~ . .' .:: " ',' '0' .' , . . ",."" ,.. I'. " r. '.' .r..f.. .(.' \., . .... ".. ...1 . 'rl: ,.. ...... "i" ":" t,r. .'Jl .. .... r '" .. '.r . .. .1';. ........ :.' .'.t.:-.. """'~'I,' II',. . ,'. "1 ,. . ""'. ::'.. ! '. " ...', . '.' . . ....... .1....10/.,..,...1.",..;.. ,~.~).,(... .,..,.. ''--' A -T- /-- .'--, '" :.... . . _..- '.-.r ,;e1:.. .l. ,"1'. \"1': ft\..:;~ '.! '. '.' .1..11..... t .' :" ..,., ";~,""..,.'. <..--.;::....,.....r'. " 'L., ':""',',,; , . ;;",,-,,':.J .,...... J."oi ~.:I_ "'~~:I(,"" '..... ".....'.,..':'.. ' . .~,?,.h~. ;.~;::.,..;~.,.I.:,~~ .,!t~"!.E,.~..i,:'. ~..} Jr.. -.,:' - I'.. ':'L' ..~i'.,.I' .i':'.5L7V ..(",.y::":';'f.i}';~~;'\""'1),:l(., ~~.,~. "J~ I"'-!~;~. .\.~.'I .......... ........,,:1.,., ., . .'. "..' - ,'. .. . ,.~ . ..' . -' . ,../ ""...' . '. '..." .. ~''''....,~.., .. ,. . .' . ". r..-".L"'....:I.....qL'. "I...::..:.',.~lj,\\'\.?r..."/"'.w "-J":-"'l'!. .,'r\.....:'.....,'.\:.,II;r..l"it'.~i..t l"r:~ ",""1 !~"'{,{';. ..'I" .' ....:.... . . ~. -.,'" "". , , .'-..'r,'..'..'I'. ,.. '.'" ,..,...,.". .,'''' ...., "" ". .,,-'f, .... '1' -. '.'J. ,...' " I :~~~':~/~..,....'I~'W"~::r:il.r"":,;:,/ti"':~;~~,,\~~!.,:\~~"-:',":':;.:r:'..:~: :' .i ':;':'''.;::',:.': '1 '('.. . ;,;. "::~:::;"'!'::\"~':'~1 (~f::r: .\,~~p :(~~, .1::. "'. ., ~ ....j;~:, '!'I" :"",'i,:,-,,"~:~I: ..I"'<':'i"~'~,,'Il!.I.'..., ..,:...,...\, :.:I.;~'."., ,'.,r ;..;,' ,:., ... '_"':' ";. '\;"i:,'~, I^, .~~\IJ "'~" l\~'!o,.)'.. !'.!': .. :..... "t. ..~., . ..'e: \::::.l;:"';~'~l\,'\\'::' ..\,::',J'~.',1)~:!,!,.!:;!.\.,!:}':r.1~;:.,':.;..;;I~:.,I.: .' ),;,il,;~!,:r"..:1 C:':..... "/:::':'B>!'~:~~!~.. ,'~.'.i', ~ .' I;'~: : ....!.;,:.l'~:,:..!;.:~ii! !-':::~'}'I..I::.::.,,~.~, ~,.il'.:':=-f.'<.l{'i'.~ r;:J"~r'Z~)'" 'f,";, ":t\~.1 ;~~J.:"::" 'I" .:l' ':I.;I<1i:. ;[::;",:'';'~'. ...1 ',:."'/ !:.!~ti I!Jo.(..;')\~'~::..~~~t. ..~~ I;.. I~:,,~.. L~,. ~ I?,L, :.,,: ...' :"....;-;: ':-'lr;I':?'; ".':; ~'I:r~ '1"" ~.' ~' "''(;1'''''' .." .... 1 ., , ,""',.:.., ... J' r..(, . ,.,~. rc:\"~""\"" ... Ir." '.. '" ';..' .,'..... '....~.f,~,\ ,::".. ~,\J'.~..I!!.:r~.e\"" ~JI.;:.t.\\.~.:!,,~\':..I:~.~..!~:'.l'r.,;f:.l< ..I;U:./~.'.;",~:I:~.I..r .~.~: '. r;'J. ,.\L'~r.~d~~.' "/1.' :r. : ~ .' ~fE\i (I ':~_':l ..~:, t.:..: :' '~:J::I~'. .. .. '-,1 . ...... ... ". '.. .,.... .' .'. .. . ......,'. _ .,' . .., ,. '. . .. . " . .. ..... ~ ~ ..,. .',H'!,~:1,'.y~i~.~..,I,.,~'1'::'.);.II:.,.(.,t.~,!,.....<;:.;I,.I:'I!;.'.. '''.'',', ..,...!...!J;'l": 1:.,...... '..".' "': : .""'~' ^l,~'.!. 'r}>> .~\h ...,':1. ~r:-:.:x,' :-;.. '" '::"'" "....."I~r:l ....II~t' v. :,,'.,, ".. ,J.... " ,.~ ../1.'..'. . ......, "1' . .. I' '.1. ..... ..,,' .,......... -.. - "'I:.."!." . II '~~'I' ~. " ""\\ '.. .... "1 :t.i,~~::/\:h!.' ;:~~N;KL.~~;hYi:t~lil~~~';,,~~!~~':.~\.~..!'{..;~;,:;,~, : :/:;'f;~':S~'.I:;':;'.;~;:':: 'j':lit:'~;,L~;'\Jj:r,,~.l~;'Y.:~,' I. !:~:.;,~ .}i-~; !!f'k': ;!.li~ .~;~ I';~,~;.,:d ?1;r~~g{~~.~:. ,~~:.i;o:.);:I'a~'r}\tf! r;:li~'l"i.;:I~.{m~((lf'~,"':J::"'~5'i\ry,,~:';!~1\fl;Y ::::,k~H:::I{'g\~!~; ;';'J.;;'.!::q~.i~!t.\lk~,~~f~~,~l'..;'I.~r M . "~'~; :;jjy; ~~;~'( ~1;::,,, :,".':: ::~! I;J~,' i'~:;~ 'l'if2 jl<c"..,. ".1 - "l"''''l'fo'I:''~';'~''~'''''''' "0...,'"(".. ..r...~." ro, "". ." I "\1:'. ""'r.I''{'~ ,"-1 ~... 1Toh ( .1'"... "," .' r.\ '''I'J.'~'''_ f~~~T':1i7l.i~~r'l~;~~!1rif;~~l~~\~~~~i;;~~~~;,~~:~~~~m~i~f~~~ ~~.}\'mf~1~~~\\'!;~~in~;I\~~}li1~~t;;'~rll~N'?~'~:i~:~ ~; ~ff ~~ ~~l~~[ ~~J~ '1}llrd: ~ ;?~~~~:;~w~. It~"""'''''''''l-':r'"''H'''''''I'\\\p.t).h''''''''''~''''''''",...., '''''~'' I"'-"~'.. .,..; "I""'}',. ,,:;::. ":0,\'" 'J:-c.(' --6. ',.. r ""''"It'''f''~''''~'f- t(~f,:#l,1~':,\j~~;i!i1f~J~~1!~~!;iffi~;f:)"\i;;~;:i~,(i',W.9~;J,.i(ti;i(,!;:jir:1)rJi;;~,: ,~~, l ',;\1!! f.~\ '.#~f1 ~\;,':::!t; :r;;;;\';;\'!::iit,iJ . .' ~iq:ft.!,~~.:\~,~~i.\5.l!~!~\~!:1Jrc~;f~J,~lf}!~~~~~!t;.;:, t'::'~~~b'~" (i:~:;l(,~ ~-H.;;~( :;:;r.!;i,!r: !,;":~J';~<;i~:,~l\~.i'~'~~\)~~.'.~ :~~i~~W~~' i!~ ~~,A, ~~;!tl" t, :,~.....i. i I i!J~4'J.1i'INj:~:,~! . . '. :':,I,..;~.(,-~~..,,,,.~ ~ ,.,'," f''''''1;:\W..'l "(~: '.' '~lf~' ""'~'" 'V. ,,' ".~ 't'r.fj ~"j"I'I" '''',' i',"',' ..', .,!':':i 'l''' :-.....,'r.:.\.\I'~ . :'\(i~~~/.ti rrtl 't'~l1 ~~, ..;...".....""~,.('..J',..11i'.~~..1 ~~tff'~!~~t::j!f.~~u~~Nl~,i~~~f,~~~~~!a~~ttf:.;ft~~t:~:~:~~J~~~j} ~1~iu~kt:,~~~?1:~~,~A ~,:v.{~{:;.j1~~?t~1~ ~ :\~f,/. .1:iifi ~~~fk. ~1~:-~.:'!~lJI:.~;J.f.~@tl'i~~1~~ '" .....;1.~.~..1'..'.'1.,..'J~.:..'rw:q."~v~~-t'I.,.'''''...,.(\.'I:rjJ'f 11' <I"", ..'__......,o.\~'....>;.~",.~)"~. <')l" ~ ~J\!;~._...."....,...I..r,:ql. ~,~)~,~I~~~~t~~li~'i~ ~..~;,~~m~~'I,: r ~ \. ..' . ~'liI "" ii' ../:. ".I( .~./ .., ":.i,:l..!,. ;":; ..' .' . :i.iJi!i:'r'(j:~'- ..:.'~~.'. i'.'... ,.,".1.... I" ,~ ' . 'I~ '" tfl' ,', ' ".'." ,', ," "I~; I~'. .7. :nr : ~!i~Zi1ilHi1 ~~.1~~~lf;i~:';.:\ty:J~ll}!J~Jit~~~:~iK:::~~t/!/.'~-;..~'{~...~jj'w;Jt,~n~!~/i!:~-}t'.,.ffJf'.:~,;;'/ .';,:.:.\J1.'iiJi/~:~II'M ! ,t~~ ,f/' .I!f<J" "' !;:<! ,; '::',.h'~ X"., '~tr'I),~!~.~,,'(t':.'i\,.t..,.~.~~,., ).,'JI'.);..;II"'...,....., ....T. 'I'....."....,:'''..........",......"., ,.,.....J.',';,... 1.;1 ---'--.......J<~. ., ..... _.,.....:.!.. ,.,.\:'" ..ud...\!~,..~::,~Hc':'I. ~" (;'ii.~~..,1,'f""<1'~'!....t+'ft ~.:-\ ,~::; .'/::~"'i ';. ~ ij I.~.~";: I':', ~ . .~..': .... ,. .'....1 "'. :-.,<!:"!;.~.::.../l'..\{: ';? 5(.-;:' 'T.";::! 5'~' ',:;, '.. . ",,'.., ."1;:.,.... " i:;':;!I;1\\;~i\,i )1;',:'~:'fdl~;.:l:'R\'.~;k\;~;,;:Y; ,,' '( '. ' .: ;:\r+i':':: .: .: .":. t ,;" !' . '~.~c ~o:'::;.;1 ~,; '.'. :i};1' ::Mr:\!;;; .::' .:::c: . ,;'::.,;C ~ ~1!f:'~..,'"...~..Jl.'I...'... . 1,:\.l._I._I:...~.l...r."I..:,.. -..' . '-'1' """~f'~1 ,., ,.t '.. I. .....:.,..\.,~J. ":1(1"""1',1 jO,t'.I'." I,."",.",.J","I(.'I:,", -, "" . .. , .. < . .... .... .. .. .... " . .' , ...... '.' j- ',,1}. . I. . . . ......... . ~:\i~~J If': ,"i~':,"IU~~,; ~"f~~'/' ,!,',' J~;.~') ~i:.-;;':;;.:' r~;.: ,'. .~', '. f.~ .' t..... ~ i' . '.: .~~ {~~ii.'..\,': '1' :",:' ~. :. ~ '..:...::.; '- ;~~;;J' ~;:'r!:~e~~li~,"'A""f1j" ":j' ~ '1:~I~ rr;t.~~~\ ;1' .~...!:: .~"., -:.: .:: ':'.:". ~ i i":.!' ;:.\ ;... =: ''''')'''~',i-'." "l;.'..":,r:...,: :."1. ,;/I~';,.,~."..~.': I.,,,.,,'.,, "1""""'" .....,..:.'.: ....! ".'.~,'1:;';~... '~;...::..,!.I;~.:.J.; _"'<4"'_,,' '~~.:".;i: ., '.,. . {..I II, .', '1:~'/i;.r\01[.'~'i:rl:;';~~-;;:~, :;':~~~j\l~'\~;~,;;'~<;~.;:~!.-\i;,'~;:, :"\::' \-".-;:::.1;:'1; 1j:!,r- :..;'l.j,~:. \~:':;".\" :' ;?,,.;~~ ";~. :; I';::i:; .l~:; I \(:~.f:l,1. 1':\i;::,1 rim,m~'r:lf:;1:1;1');(:'.'~,' 'r~~ro ,;'.i :.) ;5;;0:;,;. . r" [-".,.,1,. ~i.' .{..';...'. '. '. .~, ,~, Lo/4' .~.,"';!.i~.;.,'., ,',', :.~.; , t.,' ,. , '. '.'.: ~. :'J"" "1,"...: i' . ..,.. '...".1: .','.' I. ",' "II ...... ,,~. ,'Ji';' ';,. ,.11 "01' ~ !'1 1. '.:.1 '\::1 ",""" :. .! . : "'; , .; r~ g;h'hJ ~~t 1 ::1 t~~;.\II: ~ ~:;!~::'~!~'7~ f~~~;:f ~~:::{\~, '~:;;:'~1~~:;.':.~ ~ 'd' .::!~; ~{\!j.:f..!:.~.1 :~'. ~:"'. :':i':. ';.;.':;!; :.'.;:; X?::~'(::~ :.:.[ ~~j'~:f.j ~.':\~: ::"'~ \:~;'fQ~; tS:f;':~;: i~;::r.i"llr.~ t+Y~~ ~! ~;NJ i. b I); ~ !~~rid~~~~" /;.\: 'f'il/r~":~,:~/ 'i,'; ~;t)Gll:.t{i~'~~f~~1D/~ir~\~i '~~7 ~~{t 1:',~~~Jl:J ltr.ii ;!.~, ::\";'.;7; ,-;:, y}.:,~';; :~; i~:::~,;;;: r :\V~')'~~W ~:~: \'!t ~,t~~~ ?J~~i~~.~t;Ll~;:j~~ /;r~ i<}~ ~i::;'l~:;'!;:,;':\'~ ?/#l/."/'/ ,1'."7 5J 3""'r''f'~'' q.lt.iP>'...... ; , ',' ..t' . ......'.. ..Ie.; ....,.....: ,:.\" ,'': ';,~ i.';'. t..,,::,:.) ..:~J:l' ";:";ll!t~f: ':I';p.: ''!:t::'1' r' .-..:":.))l'':',t 'fli:1::'.;.rn:":~,;".r.l.....(::,."I.. . '0'" I: ']~"\!:';i;(.;',.;"( )" t~\')I"~'di~' iV:IJ;~ll.u~:!.j,~~'~'if.t:,:I:.:~~;::;,.:~j1t'Af.;~:~f5.!if;'(y:r, i!:'.'l?:;-~ J.? :';':I/j)\~M ~.{~;j.~. );!'.'?,'!:!J:tV$~ ~l~~i,~~~,~~';i; ;'i::p!i:;;"!~'~'il!.~{1.'1: .' "!"'~"."';"':".\'I,,,;..,;,r.;;"rli' "~';'~"""""':""':'.,.: "'/" "\":''''''''':~'':,'"",~" "~"i 1'..,....,(1::.; "~.ll".rr. 'i"..lI '~"':',:>",,"! "...(" .~';. ~ytl~mi~\,;f~I~~~I~~'~~~rM~lt\~~~I;~~;ft~~f~j\~WFl~~1~\W~~il~m~\\~r~,btl~~l~1~;tili.1t~ I . ....Vi.".I'~I~ 'V~" "'.'("l'::-~:r'" '1\ ,'Ie"'''''''''' '.... t: to. ...., .. } I.! ,'. .,.l"l"-\"';''J:i'l'll' I, ~I \ '::., .'..' ~ '\"'i'" ....._ ('~~~ 'r: . "',l.ilA J~"l ~.. "-"'~'f~~" t'. .' ,../. r-ol,,~. i'.'" _ ,. :~;:~~~\l\~{~~~IA'~'f.t';~"!t:r~r..I"C-' '! ;{';'I,i~,!~(lr~';'i.114~.~rJ.',,: ;\~t~T ,~1iJ I ~ 1.\,.'.I.'.~H ';~:~'Y">d~' ;':.'>~~; ~.:: :;~ ;~~~: .:~';,~:.pif.h~~J~f.TI: 1.~: ~i ;.] :',"~ t7: ~;'. t,; ';:'.:'. T{:, /, ~t~m~~j~i~~\~~\*tU~~!~t!'\);I'i:j;~'t{:,r}{:;~jf;;Y ;:: \.~::. ~:,.:( ':::;,:\'/<6i~~:: '!:};(\~ij1:;;')"\~. ::.,:;::':: ";:, :;; ;:j ;.t... ...,.,:.,:.:,;.......rvb~C7;.q/g~/t7 /t){.. .:' '. ., .... '..':~ . .\.. "",';"h:'!.' .:.l\'~I~JTi-:','; :... ...,.:... :: '!., .....:;,{ ;;'@,l;\\yrli:i!i:;\: ii.lX;::r;,;~'~ii.~ ;::~,;':;~.\:..~.. ; "':!: i~fi;.!:::ri:: ....' (: :';;}:. ;::.<:~ ;;;~ii~:. ..... :::}f~:{X.T.:; .... .:' :: ::' .: .':' ::. . ~'.;, : ";'.~".:::..~?:.'(:;:Tl.j~'I. PL ^ t (~r;:~~r [HPLt :.si ~ Al :'~r..~ ~ All! :;oEAclI..,cOU II T I;';.: :A ceo n ~ I!i~ ~:i:'o ~T,(IE.,;~ '!:; ~ ':;..;....; ;'j.;, !/r.L\ '~::,:' ;'. <:;{i:';":1:: ~~ ~ :r-..:: ~1/ ~.n E.or-;Ll ~ E ~9 ~ I?f.'. p,r1 u.~: p~ ~ ~0' 00 OK ~i! 6 ';~:' r ^ G E~.? 3 :':or\~~?:11 ~;J.l' UJ3~J ~..~'i:;r;-!.:"/;~ ~.:~'iJ~;~ ::':'I~.},i ~"~' i~;(I";\:;'~'~'1t E.~.!?n f?3~; ~ f.,~y ^41.1:;~ ~ ~ ~II ;./ CO U ~.T T: i::: f, ~~ Il 1.0 A i.'l: L E ~S:i ^ 11 P !',Il Q,.T/ HI ~ ~ ~ ~.t liP, :\t UE, :>:: :~. :::: ~ ~::;" :.....:):;: ; :,;.;':;: ',i):?":";t" fO L L 0 H.r II G.!\D Ese III n E D~", P ^ n eEL ::.H,;.':;;',:,'.'.,. ';',;:\ '; :-, )i" ~~ :~!;~ ::::i: ": i:;.: ~.':.~;.-:,: ;,::; :;: ~1:i~:;il.;i"~:;lf! :',':'....:,...: .~..' ". ' ::'. ,.. :. : h: nt, :\iN:lf>::;~. ':,:'!..(}!i:!."J {ir~v:,:: f,g:l,l:i' ;;;:.;:;\,,~,,'::' in! \i.if,::; L::i,; ::';J,:.'~;<i, ~'i'i.;; ::;:~fi1:i'j~hii;:i,~~';!ii'.: .~ ;:"',.; '.'.',.~ ii., . . ~',,' " e ::. "'0'\' to: ... "".,~. ,'. . "..,1 \. C':"C. .,"l~ J: ..' i' :.j,t(.1 r' t(. J 11" ,,' 1 :....~, ~, I, ....~ . '-.t '.I.t.... ~, . _1',1:_;',: ',",' '.: .':1 ..1." }.~ \, ::-;h{,l:f!-,',/ I' . ":', '.....1); _,~~ r\.t.!.~."'~1.; It I. . \ 'l,',' '.. ~f. , :'. ':..1 C; II _ ,~,,"""'..':Il t'lL'" I..... l., 'LI.'. ........ .... ,'....... ..... .r.,.. I I "'~"j.tJ"'""""l:" ...',......,.,,....,..I!.t-:I~..: I r ....(~, li:!I{I\::~~'i-;;; J\'~,'pO n ION';'.Qt..\~ p r;1\.T~:OF,~~'l'E:HP.LE ': S.INl\ l:.~! 0 f\1' d1m '.In e ae 1 ~.CO\lh . Y;~:ii;g:,~I:'l~~";):J':..:, I'!~ir~l:!:r':'.': ,,:-: .::~: ~":!\U;;), ""'~\.>.(~'l'\O~""_(""h" "d";'" '-j I ;\"!l . '1"" t'" ,. .... .,] ~'. J G ~~;'l'.., '...., .,~.~ 3 :1.., b' ..\ I'" "'" .'... /. ,1.- "',. " ~~" '. 1 ~""l' '.,.'/:ll:'1...,I:!..'j..j'I;...; 1,' P;, H.', 1 ".:.1..~". .-'......, ;.. l:';~,!;~.,},.:((~CO.t. ed~1 1 ,:,J? a i' Boo", I,:,! ,;;, age;~ .,:, e.lllg;:llloJ:e ':.p'a~t ~u 0.1: y,t\ t'j:e.r:'1i';!.':.~:t!I.,.~.~!.'r..r;'....-;.;:' r~''';;:,\, )X~>;)l'~J7:.{..!d~r.. 't:~r" ~ ke"'d '. n~i) i'o"Tl ow iJ fi';i~,f.',~,.l.',i i,'(,.~~i'!Wil:;.r:}jJ,i.~:;<ti;..',,: '~'..'Ili,~~di\~~t-!(,.,:;i.:! 'n: ': :.,!.:;/!,.i:~7.i:ft~,I~.~~iJ,';.lr~'~~;!;;~':':' ,!:-.i.;:;:' ..ij~:'.:l;.'rl!; ;; .,.. '., .~ A. , '- .' .. ~ .. ..n ' .. ,. /, ... ,.. .. ....., ., . .~.... .... ... ~, ~ . i;;~;~t.~;~:1{,2r~i~d;11.Y.M~!i;t ;1j}~~.g{,:i~~~:;~fjt:fIW.;.,~~~J {i *,~ ji;f;.iWstiti~ ~Yi;:b.~ti:(llt~';:f.~'~:~A ~fr,;~(t~l~~'M ~f(.' li\.:~~I~ilIJY '~~~1 ~~,,1{'"\;1f.~ i\':':;; ;'::..~ !~:'e.;,~ ~j!!f:.;~ f;(-Z~,~,I~~)jtGi~~i.xNGlhlt':illielr ili tors ec tIon . (, f.:;.th e; isou fhtnlgli t:'d6',)iI'la yHi JeM'H{-4~\h;~' f,::':',:~!'!!i:!,~.\~ ~:r'i.': 7' /~.J '1[;(;:1: "[':.,.I>'J'I'1\'/' . ''.It'2 "':d'" 't'S-'j~ ,,,.., ~t .~\~;1'.. 'i:l: . '"'t;', "'I!.'E" ;,.t:'t' :;~'1- '1' .,-." :.-T. f"': L I" ""'"" i.:"1;J-'J~,',~I.J.. U:fI "I i'. :~lirjN:"'-4'~), .(~.~:',.,', H!';., "'l'r,' :"~:":'~ .I' .t.:,;J:,~;).,jl.lr.O II;a'~' ~'_I n !~ .~r.ee ,..an. le' 'cIS ~ ne.,o .', \;: I/~".nl}ove,..man' 01 e I. ,'r."I:~"""::~:~::"''':'';'':i'''\''\'';v~',,,: 'J"' 'l'lll~:~......"...I..."'l."\~:"-."""'Jltl ....~.....1.1... ...,.,..".:.....J..i'..~;;...!., .. ..1..,..,.(...1'...[.,.'......-.:,.1."", ..... .,.~ "ti'f:"r,.\t,...,~.....~. .':1. .,...;.'.....\'.. ~ Co_. ". it! '. pHi t')'.'/i:.tll hI ce I So u Ell ':1 a 1i:J1iq ::!9 t\ d 1; Ea~i t :':1 J1Q f:a . d. 'lh:hnce ;"0 f ~ 100 10 ~.il:h;;~~~~ri'j:' "':;"'.'.' \:"J hJi!~..L'N.:. r.~r.~i:~:;,t~~~;J.'.~..'...l~~. ~'l'l"I"';''''':' '.' ":ls" "~S"o; 0" .; ':i. 2' 7'.1 ';IJ' 0 ,,:) i,"I}' " l' ... ")"t" :;'tt.......; 't' l.lll! v':"'v'~~ i:. .:..'....1' 1.t~;(.1.-,1,c~:~:.Lt'-~:. ii '>...:"\t..'..)....~:~i\~..~, V. '''''I''',I".r.cet."I.t lepee, ,. '.) .'';1. ,..r. ..~" :11 011.. Ie., as "'. J1G.'/OIl,'sn (. \', ill" ....r ,"'l'.:f ..1,1.,:\, .':11... . I ~1J\hr.'~'J~' ":'~;d' '1"" {\.L.. '..', ''-'''''~,i<J':lfJ~lJ' ~t;j" ;""1.;: :;..;,! '/.:,,'" II~I" '/1'\' ,....... .~ 1'\'1'" ~;. 5 6 t' '\' , h . ',,,, ,:,<~I1..r~.J'/;.. l,"'N ,~', ,\~. ht~"ll.';'(,!" .-t-,..},. "'''ell .:ff7J :;~ f;"'/'~f/,~,:-t,':J\1 . '5cClMce"0,,;-,,' ," o'/,:..;eO\..I).~c let ce; Ht:. .I..~;\ ,J, 3tj.~,~.H,"n~,I(J.l, ::J.lIce\tf-.,;.T'';'''''I''''''.:~~/;.'':~:';',:i(;.ll''.n;;'i. ;~" ::l\'I'l' \~'" "'j;lr 'u' '9"'P'j '0" .lcif"~IJ'I~ 1 .I'.:t"',"("'';;..'1o ({. i.i' .... 't..."1..... ':~:"d" i'" i!':~O< .,..... ',..' i= / '6";,: 'i-i"l""!f'~:' '~..., ,: .. l'h"''':Jt.t'~l~,t.ll fi;;.;!~:'",l) ~~~ "":"'l'~.~'!n"..' . ',f)',!?:;".',O"';:i ,:' ,'.'el::.:r."\! len e,nOX' l'n'" l:Lal1ce.I,:O...~~.o''':v \, ee ,..CO,IHlil"~~:~,,,,..,.t'f;"!'J' ";'''''''{;'.'; .:' ":\l, i,~.~:b" ;At'T,.,:,.1"'oj 1,: .'" :,,,:I(.I"i!,'i:,-, $", )"':'; .",,&:1:(',.,; t~ I':' '''1' ';;,of' 1:!'.I;':l i':l. ,.,~ 1(.l1l j:;'~"',1'~\' r'1'~'~"f'''U'''i;'j~~~'~5r(.IINI;'''r.''lj;llf~ l.h,L\'I~ ~~: '.~" .;'fl' (.I~J,.'_1I1 e,:p e e C....OIt:\ (.J J.l.. 1,/:<1 '.Ir.t r. e::. 1..0Y';. Ie 'j'" I:: 1..1'l"'t. It:t\,-,e~' ""a s t:~ J:,..., y.,... 1 .J, .,~'.l .~),'.~.~~,: J' .... . '~'\!,Ip...,.. ,.~~.".\! 11i'~M' 'il" ,'( ~.~, ~'1' ,'1'. ""1:': 1'-;'lJ~.\.., "".'fJ/J,...t ;:1""""l'rd.' f.'-'17' 2' 'i: O' 9' -.~ f '!', 'l::~"'l' '. ".J .:.: ': ," ,'...'" "'~'" :'1:' '~?'''1'~t: ~""~'I Jr,.,~':J"'I' Ij'.1:~'!"":~' ::" \: ;';::h ~"l.~~jr.'~I'lOI:.t:l.~as er :. n..~.l.gl..ance I~ ,,'. ,. 'ee -''1n on~!.!t:: Il!,t'hr "Ol:rr~a u.,.{~ij h'.,'I;l....~~'.l';!l.\.I.'l,..,...... ,;::~,lc:l~:~~:.,.'.. i:! ...."i.J.,.,'h'I,'..."r-~\:I~ ~..;~ l~ ~'j'r."; ~ ! r: 0" ~o" '0' (,. .,.".:.~\ j1it-.,... J.1\;;...,; I' .'.1';-.(:"''' i".....,..S'1J1,^'I"";'j;' "\..:~t:L.;.,:'}!.P,:~~,,, '~r"""1 ~!.. ":1 ~". ~ \'~")',..):t;.,,~...c:u:o:v e 'I 1 a V.A'Jlg!" U ,: r ua... U <J k 0,-.< .:J" .......e e 1:'. lInc ., a.,ce II CI;" 6..J; !/';l ng !!,"q o.;:~".~.\,~ ~'.I~ .l."\'..t.1.....,}! .:..c' ,..;\:... _, ::,I!:I. ~~.l;;i}'... ;1J:I~'o' .j~", ~\;; 'G~ ,.~ ~ A::; ;;:'/' 'I:'~b' .;:\= l.:,..".q., 'It' J;'P !'l I': '..;' < . '''. :. ,..,.... "";. , . tl" '.':, i'I.. (", ': '.. :.; ," II' !;" , LI' '.: '.' ,j'j:o-,'li1 '..b, 1r:" ,.:' l:~~::~ :~\~.:r. ."~;:.., .. t. :".' . r "~""1I..('.~r""" A; "11:1 :J"!'j,'1 '<:' . "u .reQJ:J \.; ,.;(1 ,/:xever a e ~c rve' 1 t: 1e Ill: E! . r OJ: Ql E': nts I..er.l }';";. "S:l,I.:"':".;. .,;...._ _'\",' ....., ..:. ".; '. l~ \.!-:~ r, i~\fl'a":'{Ii:l'" ~9<' Ew;"It....~.;J:;;:<f.. '.':2""9"~~IJ. '7" j'l E"'''~ to; .1.....1. ".' '''': "'t' '1" ", ',' ': ~':f'''''' . Idl"': I....'. ,..,:. ,.',. """'1."+ '. :I~ ~! ..};..!:, [.....: ;:, !:i: I. r,!. ':, '. .,~..'. . ''<'I.....'I..'\'., llnc.... 0 >,' e.... ,... Ollg" le....,..c.o "'S" 'CU,..V.....l:OY 11~..~r:..."...."'v..- .'.,.... ..tI~~~h:' ....r'v:....,..I."...'I.d;': ...I,l....,.f._...r.v.".:\7".,t:'~....., :" ..,':'.':'';.,.: ....1. U .", "':. "',', .';', .,. ";:';"';~,';,;j:";':;"';!..~.,'.';"',:i;.. 1.1 <k\l~\il-~,h.~.~.J.!\' ,i'.~ ,U ~.1.;,o..q f~ rq ~ t;, a ".d.! ~ '.S; en h" 1. / a'lg ! ~ ;.0 f!:j .U:,.O. 4.'\'i~ M, :.!!' <; ).' t!, .:',.; ;\:' '.'..:i': ',:!: :,.! . :.... .' t:1~'k\~~~O ;r.N~':~or,~\n BGINN I NG.l\iar'1;'~~H.r.'.!.i~1~\~":;-:;':1;'~i'",~;,~;'j ~~~/f-;~'4!i"Y~':\~'::'lr'::':'l\~.'''lj),\'tFJ~:.~~r-:;!~:~7\':~:';:I:::= 'l.\.~.!; : ,'.;.:' ....1,..:; ::.;.1': " '~.f\1'\f1~';!J..\;a:)\~."~~tl;~t :,.;,... ...1 '::....,~ ~"...,...\.:.i:''.\...jt:... V-:-..!.;... .. ........ .: .'':_~''''; . I'" "", .';j :.~$f ..I''':;:'~'1l>J 'li'y.",J,,~,:...' ,'/.:~_t;'I\~'I' i-\;;,; ",;.,. f\'.,".:;.J'-f.I!.... r: ft'n~,: ,.... I ~llel/...f~~..:.f " .' .'. ..,...,-".. .... ......"... ..... .... ."., ',,' ,...., ,.,.....,.~. .\1' '. h....V. .,'. ...." ,.r.",,' . ,~..." ,.: '~'''''',,, ~/;,~~i~iWn~~~j~~!~~M.. #.))~;&>r~ ~':*lrl:;; ~:.1:i~/..~)1.fl1~\S;;~'Jif i~'f;J~.iWi1ii !i'j ~ iWtn1(1~f~~ j:!~~\~I'~{~Fm{~ ~l ~ HI! ~:\:) I ')~~~; H:m:~t~!I'I'.I'y~~:i,I.:r,.;tf. ~;:~f;f!{~': r -I';~ l;.y:'l:'l~'=t\"'fw. 1.'.(.[::-.\ 1.~1~ ~I'.t.:!(r\j..., G:l >I,~'~ "'il.:i,{r::~ ;1':.. ,1. ~, . ,... ~_;1' .';,., '1' t].p 'ye,: 'P'r\,(o; ~p '?n,'/:/>' .,'.' ~~", / r.~. ',Ur'-tt',,:~ ',' ,.:., :'~;. 1 l';'~' ,":' " ,.: '.' ~\~;~~1l8~~11:1}i~u i~fi~tJ:~ ~ ~iJ.i,i~1~1~.~~~;~~~ni&li KLl! f;~ !r..b ~,t iN;':i~\il~:~k~i ~.!i:?~\.:jQ~lr.{fii: ~,; 'l~ r.f. i.. .(B.~~~ffj;;."'iJ., ~t~i!t~P0;H ~:~~ UN~' 5 ~ ~ ':!;J]:':':'!0~;';'~:;i~F~j~;i"("':".:/::,>':.,: '.: '.'.:'d' ::> .. ...... .....,: ...... .... i I '. .' .' , ~ .... .: ~ .... 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<' -.'. . . ~ ..,: , '... " " . 4 . ..'. ..'. . . ." . . . .' ~ .' N;E. ;.:2nd Street .. ....; ...... · .. I' 4' . . .:, ': .., ,'. Ie W w MHW .." .... () .. . ','... 7 - . I. 42" RCP , Y .' 42" Rep 1,-__1___;_. ,. ..... . " ,I -- ---- ~ 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 ~~N.2.~~Et;~~~&~E~~~T' ~ta REC~~=grroN . ., , I i \ I I , - l i :,(-. ! (f) i -l , <( l- I W . I 0 , z ! 0 ~ :t I- (l) z~ 3 ~ OlD (l) ~ <01: ~~ L + ~ ~ l- V) . (f). ~ x E Z Lf). .J: 00 o~ ~ ~ '-- 0.- 0 ~ O(f) :t -co ..-- -' wI- ~ ~ I "OJ: ~ ~ WI . ~ . c:a~ <D 1_<,~r1 ~~i ~ (f)l.f) W tu._ I .!-;:i .J '-U. .. 0= E w . . if) "2:. .ocQ... W w .,.o_u ~ ... T\' ~ I- ~ -Ut)u , L...J I- "::J c "._ 0 ~ ~ :2..5~ g a U f'. a. o:;:j. -J Z -J .. ~ W J:~C:J: <( "- :t a: ~ (j) .... W ,. <( w o 0 , 1-:." ~ C:o.E . :t 00" u '- .. (f) W 0. '"0'- " Z , u ....J:I '- '- " .. 0 o :>_ a.o~ . a . . .' w~: z . . . -J \oj <( ~ . <( .., -l u u.. ~ : ~ 0... : . . a <( . . I . . .-.. . 7 ~ <( . . wf . !:. . . :===== Z . . . U -J W 0 ..-~ -- <( W 0 . . u u.. . .. ~ . ~ l- e . VI. ~ :,. a 0 . . . ~ W . (j) ;/ . . /' .. - -- 0-.. ,,/ 6~ -'.... e - -7 # /Jj9j / L- , " I -..J I I I " '-' I V I V I I ....J I M I I V I " I \ L... n r\ D I L I I f-\ I , U 1'\1 ~ LAN 1/2"=1'-0" ( 2) I I I I 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 I I~ ..! _______ _-=___ I _~__ _____~-------- ! ~ '.." t. :. . '. ... .. -.. I I " -14 P.V,C. t EL. I. '" - - - -- " "'- .-. . j ~ 4 I I I --- ~FLAP GA1E , : / BOLTED TO S I i. I I ; :. \: /",1., 24" P. V.C. t EL. ; I' ...., -- - - -_. I .' \. : / : I :. ~.' . Ii' "I I , I' : '. i ,:-;----.------ FlAP GA 1E, I" . . ., ( CT l : : I . 1 : BOLTED TO --<1: I i I !! I 316 S.S. WE!: :':... : ! : : : \, BOLTS WASr " ~ '.J . I -: Iii '\ MINIMUM EME ,~; " ~I'~\ :, ,: "'I , I I I: ../ ',12 INCHES. ( I :. ;, "" i - ! ~-' ; i "'--,,, NON-SHRI i:. j ; .: ! ! GROUT P AD I 11 I ! j l!/ ,. : ! ~o .! I: EL - 3 7 ~ -m--W~--------m------~----- - -----------LJiL----, L" , t-____ . t -----~ I -.!! - _!.... - ,.- - -.!! - -.- - -.- - ~ -t- ~ - -.- - : ~--:--, ~- ..., - -~---------ri -r------------------------r l-----------.J I tit , I ' I . , i ! i i I i Lid LkJ , I 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 PLt..N ~ SE t...-A "- . \ - ~ NOTE: SEE CONSTRUCTION DETAILS [. SHTS 4,5: & 6 SITE 1 . N.E. 5th' Street . . - -.- 4" _ $'~ 4 e II <' ., '. " ). ~~ iltn 1J;) - ~~ ~ r. ~ ~ t Ji. : ~ ~ ~ .--1!:- f:' ~ ~ \'"' <' .;",J '-'- - _ . . _ _._ . _ ._ 't:::4 l'> ~ . u_' ~ ~ ~ ~H''\ ~~-.. ~'" .' ~...~ ~ " t. ~...... ~ ~~ ,,1 . ~~ r::{: ~ 9 ~ t'. ....;... ~. ~ ~ . ~.~t !\ ,t.. ~ '~ ~ ~ ~ I . I~ . '\ l. ~ I~ .. . I t-~ l..~ ~ ~ . {~I J , ., 'J! 0 3. "''''. Uv _ ~ ~~ u -0" , ~ I ~ ~ 0 ~ A:;:;r~<;'l' I .... ~ ~ ~;,. .\ l.i ~ ~~ I ~ ~~ ~ Dl =: ~ Q ~l ~ I I ~ ~ ~, en (>.1~;;~...0 t"i \. ::l .., ., x " ~lli , ~ ~ ~"l '\. ......, o""''''fIrI'''l ':"&" '0 ~" ~ [ 3";t ~ ~ll! i~:' ~ ~ t:. I ~ . ~ ~ ~I :l'~~, N ~ ~ : t ~ I "l~iDln. I '. ~~ ~" ~ I ff1 . ~ ," ~ \.\:1 1ft I 0 \.., I\""~ \.... .. I ,r ~ M.O. '1 ).~ \' ~ (I; ... ~ i ~ I~ ~ ~ i 0 ~"" ~ ,.,. ~ ' !I \ ~ ~ \.oil ~ ...., ~ . i 0 0 ~ Co;. I !\ I~ ~ t ::l ... ." ,.., : ,1:\" ;:, I ~ :2. ~. t i>> ~ I ~:\: I I . . iii Q) III ::l _. I." I ~ "0 ('l) ::l ::l ~ 11..J ~ Q) ~ m ~ I]?"O ::l .' v. _ . VII < Co . -4 -" I , CP... oc. ::l> ~ ~~ ('l) ::: ~ f' r; }l en 0- =r =- '".. ...t) C eg. ;:;: . I v\ 3" w ~ u l' -. ~ en - - . o l ~ ~ ; ~ 5: l.U (')::l "C . ~ Qj' ~ c: ~ ~ . tel to.; :l = Xl - Vl ~ ~t I ~;z~ ~ 0 ':l ~ . ~ ~ . T -mz "')(Vl ... l.. I ~.' 0 . Vl ~ t s ~~~ ~ ' a. - c: - m !:: ~ iii l ~. ~ ~ CI : Vl ~ 0 ~ ~ t ~ i ~ ~ ~~~ \ Ii 1\ i w ; ~ 8 . ~ ~ ~f' ~ f"~t!~ wVlm z ,,\.... , , ~..t' --Ill n ~. S . ,.~..~ . 1: ~ :. i:r ~ ~ h~ ~ ~ ~ ~ ~ I Vl ~ I ~ ,~ ~., ~~ \ ~ ~ ~ j I~.' ~ j~ h - ~ ,~~ f " ! I ~ r= U ~t 'lo ~ ~ t ~ m ~' ,~ , ~" I "'~ I I .: ~ _ __ - ,-.' , "'.: .:. ~ .' .; .: .~. .-. : T '. -, "'-.' .. ., .'.... , . .'.. .',. _. _, I 11 _ __.'~n_ . . 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 .~ N 10 .,... ..,. C") .- N ::I ..,. eo N C") C") eo 0 '0 0; <Xi r--: N t- O; 0 J:. ~ ~ .,... .,...~ eo ... ~ ~ ~ ~ Gl Q.; ... <0 0 0 N ..,.0 0 <0 0 , 0'> <0 0 .- eoo ..,. <0 N eo t- O 0'> 0'> eo .- 0'> <0 ..,.- N- C")- C")- C")- ..,.' t-- ..f r-"' ~ ~ ~ ~ ~ ~ ~ N ~ ~ 0 N <0 N t- eo N <0 N ..... .- ..... t- N .- t- 10 C") ..,. C") N t- C") <0 :-:..: t- C") 0 0 10 0 ::s C") .- 0 0 10 0 '0' II'i <Xi 0; rt:i C") N ;1;:' ~ ~ ~ .,... .- .,... ~. ~ ~ ~ Q) @: tilt 0 0 0 0 0 N 0 <0 0 <0 <0 <0 ..,. 0 t- eo 0'> <0 .- ..,. C"> .- N 10 ..,. 0'> C"> .- as 0'> 0- C") O- N ..f of .- ~ Eo9 .- .- .,... .- N ~ Eo9 ~ ~ ~ ~ Eo9 0 0 0 0 0 0 0 eo ..,. "" eo eo "" "" 0 0 0 t- t- O 0 N .- .- .,... ..... ~ Ul 2 0 tII c: 'C N .,... 0 N N ..,. 10 in <0 eo 0 eo t- t- O CI 0 <0 0; 0 0'> II'i N .- ~ ~ .,... ~ ~ C"> C ~ ~ ~ 'c .- IV Q) Gl Cl (j ro a.. tII 0 0 0 eo 0 N 0 <0 0 'Uj N "" eo N 0 1.0 eo 0'> 0 >- 1.0 1.0 <0 <0 C"> 0 "" 0'> N Ii 1.0- C"i ..,.- 1.0- C") 1.0- ",,- ",,- ..f c ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ 0 0 0 0 0 0 0 0 N N N N N eo eo N 10 10 1.0 1.0 1.0 t- t- 1.0 N .,... t- O'> <0 1.0 C") 1.0 0 0 N 1.0 C") 0 II'i <Xi 0; ..... N .,... <0 ~ ~ ~ .,... .,... .,... .- ~ Eo9 ~ ~ 0 <0 <0 "" 0 0 0 0 0 ..,. 0'> 0'> N <0 0 0 0 0 1.0 0'> N "" .,... "" "" 0 0 .,... ..,.- eo- <0- 0'>- 0'>- 1.0- 0- 0 N N N N N N C") 1.0 C"> ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 N N ..,. "" N N N Ol .- .- C") C"> .,... .- .,... C") C") C") N N r;ri r;ri M 9 c: ro E 0 c: ''E < :ig "ijj ro'., d.....:..~..Q).~......, "'C:' vi ,ClJ.....,cn...g., Ql' . , W ..".5-o.ClJ..... ., 'ar (::' ....,.ro:.Q5o.cn. 1:ll.......Q) ~ ... $::;...:.;. E'iV'C::.OU) 0 en. .:.t::..~.E. 1;;... &::.":ij..o. I Qj "0 :t: Cl C 'O>Cl<ll Ul (\j " o.t:i "0 Q) _~'C"::JO~~ .Ql' ro ::J > U:.cno<)C),..,m~ U5 CD . s,;,.: 0> (I') (I') '<t <Xl <Xl ::J: ,.... N (I') lO (I') 0 I 0 0 <ri ....: 1.0 cO ...... ....... ....... ...... ...... '<t :~: ~ ~ ~ ~ ~ ~ 'GI' .Co;' -'~. W '<t CO '<tCO 0 '<t 0 0 0 '<t 0> <Xl 0> CO N 0 0 0 N 1.0 1.0 (I') 0> GO <Xl 0 N N- ......- (1')- ~ - '<t- O- N ...... ...... ~ ~ ~~ ~ ~ ...... ~ ~ <Xl I~ GO '<t N <Xl (0 :J:l: 0 .0 0 ...... 0 1.0 N ...... N ....... (I') N ...... :.=, 0 . ell Q :E ~. m 01 .5 ....' (0 '<t <Xl ...... 0 ,.... ,.... c ,::J: ~ ...... lO (I') ....... ,.... ,.... IlS '0: 1.0 ,.... COO N 0 1.0 CII J:: ~ ~ ~....... ....... ....... ...... C3 :-t\;i.: ~ ~ ~ ~ N 'GI' ell Co;' (\) 'Cij ~. Cl w m >- 0- ii 0 <Xl '<tN co N 0 0 0 C oCt <Xl <Xl <Xl (I') (I') 0> 0 0 0 0 '<t ,.... ....... GO GO (0 N N N 0> co - '<t- <Xl- 0>- M oj M N ...... NN N N (I') '<t (I') ~ ~ ~~ ~ ~ ~ ~ ~ 0 0 00 0 0 0 0 0 (I') N '<t ,.... N N N 0> ,.... ...... (I') '<t ....... ....... ...... (1')- N MN N (1')- M M ::.,.: N 1.0 <Xl co 1.0 0 ,.... S co GO 0> 1.0 (I') 1.0 0 0 -.:i -.:iN GO -.:i GO 'E. ...... ~ ~...... ~ ~ '<t ; ~ ~ ~ OJ; . 0 0 o GO GO co 0 co 0 N N '<t'<t 0 ,.... GO 0> 0> 1.0 1.0 NGO 1.0 ,.... <0 0> '<t IO- N- (1')- o:i N- '<t '<t '<t Il'i ~ ~ ~~ ~ ~ ~ N ~ ~ 0 0 00 N 0 0 0 N N 1.0 0> ,.... '<t N N 1.0 1.0 CO (I') lO 0 1.0 1.0 ...... ::~-~~ . ::::S~-~-~:: c 1~~~ . ~..."" Iii me:' en, <<1"0" (\).. ;:i' w ... i~E.~Y~.~~~. en ... 0 rIJ :,....:<<1 'o....::,c:': 'C'Q. I Qi 'C iU~'1ii."ii)..~<'.:&E :s:: Cl c '0 (\) .~'t:.. 'C:-.:::S... D ffi:::sCll m :::s - > u.. OJ U UU.."", <.O'~: rIJ CD . CIl "CI in ~ c 'E t'G ~ 0 (Y) Q) CIl OJ 'iij co >- a.. 'ii c c( .:..::" 0 0 (Y) V N ,..... eo ,..... .'.'..'. ,..... (0 ,..... ,..... eo Ol Ol eo . ..II:! ci ci ci ci ci ci ..... ci i'~, ~ ~ ~ ~ ~ ~ ~ ~ ~:::<:: (0 V eo Ol N V (0 ~ N It) (0 (Y) N ..... Ol GI~ <0 ....: a:i ..... N ci ..0 ci Q.:l ~ ~ ~ ..... ..... ..... N ..- ';0;.0."0 ~ ~ ~ ~ ~ .~..:J:: 0..... eo eo (0 0 (Y) eo 0 N V Ol (0 Ol (0 N (0 It) (0 (Y) eo eo 0 ..... 0 ..... ..... eo eo (0 ,..... 0 eo Ol ..... ..... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 0 a:i <0 ci ci ci (0 (0 V eo V ..... eo 0 ,..... Ol (Y) Ol V Ol (Y) ,..... N 0 N (Y)- (0- eo- ..... (0 N- oj N- ,..... (0 ,..... ,..... eo eo 0 0 Ol ~ ~ ~ ~ ~ ~ ..... N ~ ~ ~ ~;;~I~~/!~ ..... <II UJ ... ...co. iii. QII1.Cl.........Q). <Ii "- en:; .' e-cOUJ .... 0 t.i5 .:..... . .' IV;'" .,. :r: Q) " E!. QUi i:.... 'lij.o.; :t:: OJ c 'Q) 'Cl.. 00' 'Ui: i\J... ... . Q.;, E. '0 GI .2!:"~.. "':::"0..1:':1(1) CO ~ > u.. . II}, :0':0 () .lg{/). .~.. U5 CD . . . . . . . . . . o ... o ... 0'" o ... S ~ o ... o ... III a >. a >. III >. a >. a >. a >. QI ~ U .......... .......... .......... .......... .......... .......... .......... co .... e ........ M\O l"l\O l"l'\O l"l\O 00 M \0 '" \00 M'" l"lo- l"l'" M '" 00 M '" 'G 'G 'G 'G 'G 'G '" QI . . . . . . . . .... .... .... .... .... ~ .... Ul \00 M'" l"l '" M 0- l"l'" 00 Mo- IIll IIll IIll IIll IIll IIll . '1: . \00 COO- COO- co'" coo- 00 M'" 0- a-g ....0 0'" 0'" 0'" 0'" ....N COO- ,0 0 ,g 0 0 0 0 I ~\ . . . , .".. .. . . . , . . . ~ ~ ~ ~ :z; N ::liS ~O N.., N~ N.., N~ ~o- 0- - 11'1 '" '" N N ~ QI . . . . . . o ~ . . . . . . u o ... o ... o ... o ... o ... a~ r"(' 'P'l a >. a >. a >. a >. a >. a >. ..; ..; ..; . ..; . e ... ... II .......... .......... .......... .......... .......... .......... -..... .... .... .... .... .... .... 0 III 0 " Ul . 00 00 00 00 00 00 00 , . ci- ci- ci- . 0 ' I, U 00 00 00 00 00 00 00 cr cr cr \ ... I'l . . 00 .no 00 . . . . III III III III III III co ~':S 0.... 00 00 00 00 .... .... 11'10 ~ co 0\ co O\~ 0\ co 00 00 0 0 0 0 0 0 . I-< . 0\ ~ O~ l"l~ "'.... l"l\O co \0 ~ co ... ... .... ... .... .... N QI ... , . . . . ..: . , . . . . . . . . 0 " ~I '" '" ....N ~ ~ "'M ~. .... '!lIl M .... M - -- . . . . . . . . . . 0... o ... S ~ 0'" o I-< 0... S~ a >. a >. a >. III >. a >. . . . ..i ..i ..i III III III .....- .......... .......... .......... .......... .......... .....- III QI QI QI III QI 0 0 00 88 00 00 00 00 00 0 0 8 0 0 0 . ~ 00 00 00 00 00 00 c 0 0 0 0 \0 ;:1 . . '. . . . . . . . .;. 0 . ..; . . ... 00 ....N ....N 8g co \0 ....N "'~ 0 \0 \0 l"l 11'10 co.... '" 11'1 "'..... 0-'" II'IN ... 11'1 ~ N ..... ..... . ..!ti! ~~ co", ~O ~ co l"l..... ~co ....co ~ ..... 0- 0\ \0 . . . . . . . . . '" . co I'l N '" 0 11'1 ~ ~ NO. ... N Ill.... N .... '" - '"'0 ~ . . . . \ 0 ..: . . . . o I-< o I-< o I-< o I-< 01-< a ~ 'P'l a >. a >. a >. a >. a >. a >. -. ..i ..i . . 'G III III III III 8 ~ .......... .......... .......... -..... ......... .......... .......... III &I III III QI QI 'O'l Gl . ::l U 00 00 00 00 00 00 00 0 8 0 0 0 0 co IIll I'l 00 00 00 00 00 00 00 0 0 0 0 0 ~ III . . . . . . . . . . 0 .n . . . 0 '" -+ .-41'l 00 00 11'10 "'~ "'co "'\0 00 11'1 11'1 0 . III Gl M \0 00 .....0 M co 00 OM co \0 '" N '" .... '" 11'1 .... ...... ~.... ....N NM M 0\ "'''' ~co 0- N ~ ~ '" '" co III I'l . . . . . . . . . . . 1Il'O'l NO- ....M M .... N N co N .... o III N ... N - U;I: OIl . . ~ . I'l . I-< . I-< . I-< . I-< . ... . I-< 'O'l o >. a >. i >. i >. o >. o >. i >. I'l . ..i ..i . ..i ..i a..... Ill..... a III III III 8 Ul Gl ..... ..... ..... ..... ..... QI QI Gl Gl Gl QI Gl Ial I-< ..... ..... ..... ..... ..... ..... - .-4 0 U III 0 0 0 0 0 0 0 U \0 0 \0 0 co '" .... U 00 00 00 00 00 00 00 .cl .... co .... \0 co '" co ~ o. o. o. o. o. o . o. ..: <. . . 0 .;. ~ e .~ '0 . co oN . co oN . \0 U 0 0\ 0\ . ~ Ial NN "'~ O\N \0.... ~~ .... .... .... '" III 11'1 0 0 0 \0 0\ co Ul ... . 0.., ~... \0 \0 NO. oco .... .... co l"l Ial ..... ..... '" \0 \0 ..... Ul III U N . co . ..,. . M . ~ . o . N . . . Ial!:l ::l I'l .\0 0 11'1 M .., ..., l"l ... N '" IIll U.... U.... NN ... NN III - ~1Ill U ;...., :10 ra.. OIl ... 11al0 I'l . . . . . . . . ... d~~:z; 'O'l o I-< o I-< o I-< o ... o I-< i ~ i~ 'O'l ..i ..i ..i . . Gl 'G a >. III >. a >. a >. a >. :5 III III 0 Q. !:l......0 .-4 QI QI QI &I Gl 0 ... ra..!:l;J~-I 'O'l &I -..... .......... .......... .......... .......... .......... .......... . III ::l U I 0 0 0 0 8 .., U o~o-lj IIll I'l 00 00 88 8g 00 00 00 0 0 0 << 0 .., III 00 00 00 00 00 ... . .n .n . '" 0 ~ <::> .-4 I'l . . . . . . 00 . . III g III 0 0 , :z; III QI co \0 00 00 00 N~ N~ QI ~ .., ..... 0 0 \0 .... :::~ ...... "'0- co \0 0\ co ~g ......., MCO ....co ;.. ~ co cc I'l .... 0- ..... < U or- III I'l . l"lN .....M M \0 NN N.... .... '" < . . ..... r- t''O'lU . . . . . . . . -. ~ M :z; Ul NCO 0\ .., l"l l"l N \0 ..... - B U ;:;J.5 N N QI << U t: 'O'l . ~ ~ . I-< . . .: . . ... . ... o >. . ... . ... . ... i ~ i >. ..i . ..i . ..i r:l a..... 0>. i >. 0>' a >. QI III III III 0 ou a..... a..... ....... ..... g ou .ou ou ou ou &I 0 ~ ..... ..... ..... ..... ..... 0 0 ..... ..... - ..... 0 0 l:I 0 0 g 0 0 0 'O'l 00 0 0 og 0 00 00 0 0 0 0 0 \0 :II o . 00 00 00 o . o . ou 0 . 0 0 '.' 0 l"l .\0 o . o . o . o. .co . \0 IIll 0 11'1 . ... Mo- '0 .0 '0 .0 ..,CO l"lO\ ~ 0 0 '" 11'1 \0 \0 l"l .cl coo- 11'1 \0 II'I~ 0\0 ON "'~ l"lll'l ..... l"l '" ~ ~ \0 OIl' o . O~ 0-11'1 l"l.... .-.... an \0 . .... . . . 'O'l U .~ ..... . N . N, . N . .", .... .... .... ... I'l NN co M '" N .... .... ~ .... 1Ill.... .... ~ . r- ..: . Ial . I-< . . I-< ~ 0>' >. I-< ... ... j>' I-< a..... . >. . >. .>. .>. . ..i g 0..... 0 0 i..... ..... 0: U III ..... ao a..... a..... ..... a.,.. Gl . . . ou 0 .-4 0 0 ~ III III III III I-< III 00 .....0 .....0 .....0 ....0 00 .....0 0 ou QI Gl Gl 0 \0 1ll'P'l o . 0 ,0 0 o. 0 .... 0 0 0- til ... I-< .0 00 o. o . o. .0 o . Illi .;. 0 0 0 0 N :z; Ul 0 "'~ 0\0 00 0\0 00 OCO O~ Ial 0 0 0 0 co .... ... '" 11'1 . .... oN .0\ .N ~O .~ ~ 0 .n 0 . . co ..... ~ Gl'O'l ..... . o . 011'1 coco 0'" co . .....N ..... 0 11'1 ~ ~~ ..... M.... \0 '.. o . \0 . 'N co . .... . N \0 .... N '.. ....N '" .... ..,.'" ~~ ~II'I ....N ....N .... l"l N ~ .... .... - o-l ra.. '"' ~ U 11'1 ~ ~" ... ~ ... 0\ M I'l M s:: Illi '" ~ Gl III ... ~ .... Gl III ... Gl ~ ... .-4 s:: . ~, .-4 I'l a 3~ >. Gl ... 3~ >. ; ... . ou III II I-< GI III ... ~ 0 I'l ... ... III o-l e I-< ... III .... .... I'lU I-< QI III Q. ,D. U I'lU Gl III Q. .-4 GI 0 ... Gl Gl ;:I, .-4 ou 0 ... Gl Gl 0" I-< ;.: ~ ~ :: ... I-< I-< l:I Ul .-4 ~ :: ... I-< I-< l:I r-< Gl III ... III r- r:l IIll III ... III r- 'i = o U < Gl :s Gl Gl 0 = o U < GI ::l Gl ~~ ~ I-<'O'l U cr ... ... U U'O'l P< I-<'O'l U cr ... ... U - Gl >. ~ 'O'l e >.'O'l Gl'G QI I'l 'O'l or!'" ~ >. 'O'l e >.'O'l 1Il'G GI s:: 'O'l :1lil > lil ... . ~ Gl ....... I-< III ... III .-4 .-4 III ... ~ ou ....... I-< III .... III .... ,g 'O'l 'O'l.... 'O'l Gl Ill~ 0 0.... or! 'O'l.... 'O'l ou Ill~ 0 tiltil ro; U IalUl uo ra..:z: :ltP< P< P<Ul U IalUl uo ra..= :ltP< P< >..:.. ( .C ( ( '<, ( ( i \. , l) )t ) ) ) ) ) ) . . , f.. , I t ( ( ( r ~.~ J"" J J ) } Ji ). J ~ ~ " '0 ... ... U .... " .... II ... ..... " .... 110.... .. ..... ':;l t '0 '0 '0 '0 '0 ~::l '00 llJS' " ~ ~ ~ ~ ~ O~ ~...g; ~ CI) 0 C""') N ..-t .... ..... ~ ..... :a c.'O :E '.a o 0 0 0 0 oil C.....ll tu ~ ~ ~ ~ ~ ~I .a~~~~~ ~~ ~~~~~~ " U '0 ..... " :. .... '0 110'" ~ . .... . ..... II ... en. 0 0 0 0 ~ g :~.. i:l il ....~ 0 goo ~ o~ . .1l~'O .... C. . . . . 0 rot ..... :s .CO ::I.... 0'" 0 U'l 0 U'l U'l oil ..,........ N .... .., .... :a~'C:l:E~.o ..... N ..... N IQ .., NaI I I C.....ll ~.... N ............. 1l".,liCll~ _ ,liCu'O~Ill... ~! u.'O.,.......... 0Z <....<~~:a II ~ III '0 110 ... ..... " ....ll... ~ ~~ :~..i:lil. ~':;l ~ ~ 0 ~ 0 o~ ~...gll~~ ~; jlQ jlQ 0 0 0 0 .., N N N N .., N :a ~'O::! i..c ... ....c: o.....c: ~~ 0 0 0 0 U'l NaI 1l.",liCll~ II ~ ~ IQ IQ N ..... ,liCU'O~Ill... .!!l~ .c.!~~~~-; ~ ~.... ..... .... .... ~ 0 ~ ~ 0 0 ~g .a~....~t: ~~ 0 0 0 0 0 ~ U................. 1lCl; ~ ~ ~ 0 uoi ~ll .., N .... N .... .... .... .,~.~!..o .....ll 0 0 U'l 0 U'l 'aI ....::lal::l..... Ill. ~ U'l .... N 0-. g...."8:E~~ ~~ '0 ~~~;~ ~'al .....'0'0.,......,.4 U:E ~,,<~~:a ~ :. . '0 0'" , . '0 ~ . .... '0 110'" ll" ~ ~~ ~....~~~ ~-;~ U 0 0 0 0 0 0 '00 ll.. " U'l U'l 0 0 0 o~ ".Il'O'OIIO....UU'l . . . . . . II"t t"'t ..... ..... .... ....., ,." .......... =- _al ='... c: 0 .... ,..... 3.:0 ~ :8 ~ ~ N &:l ~~1:E lll'Oi:lt:~,,; CDU'" .... .... .... .... ....1 =".,liCll~Ill-Gl~"" all ,liCU'O~""'''''' N ... .c.!~~~;;:-;8~~~ !!!' . I ;l~ i~ '0 ~... 0 110:: ..... . .... &:l ... .... II ... il ~ ~~ ~~""i:l'i . III '0 '0 '0 '0 '0 0 <" .Il.o'O ..... ll..... ..... ..... ..... ..... 0 ~ U ::l ,aI :l..... "''' IlCl jlQ jlQ IlCl jlQ 0 .... N .... N .... .... .... "'o~'O:E~.o ...... . II II CDll ~ ~ ~ ~ :i NI ~..,liCll~ t''al .... ~ : '0 :: ~ ... U:E Q. ~~~i . U II ... '0 " . .... '0 110'" U . .... . .... II ... II ~::l 110................ ~ g g g g g U'l~ ~o.~!..o ..., u . . . . .,.... C""l .... .... ... ..... ,., .... ""'" oW ::s _co ::I .... ~... 0 0 0 0 0 . II :a ~'O :E ~.o ~~ ~ .., .., .., U'l ~I gQ:~,liCll~ ~::! ~~:g ::~~ <....<~~:. ! .... '0 ... ..... '0 110:: =- ....0;;: ~ g ~.... ~ ;l ,::j ...: ...~ 0 0 0 0 0 o~ '00 ll.' o .... 0 0 0 0 0 0 . . ll.o'O rH Cl)o. . . . . . c: C"\ N .... N .... M ..-.4.......,::s.IIIII:t .... ...: ~ g ~ ~ ~ ~ ~ I ~ ~1:E ~..c . ~~;.., &:l " .,liC II ~ : = ro.., -- ~~:g ::~~ ~ ~ -~ <....<~"":. ~ roo O. o 0 - u U ~ ,.... ~i~ = ~ -; :.l en ~ ~CD "'"......... ~ ... II 0 Q .... . " .... :a '0 p..CU '" . .... II 0 ..... .... ~ U . CD "c... 0 .... ~ 0':::'0 en ~ . ... cu ..... ... jlQ 138 .......... ~ t:1 ~ t1B~ .....>ll ..... ~ t: ; ~ ~ ~ roo... .,~. "'..... II ..."'.........J~.::l ., cu '" II .... ... U o U cu ~ U e go=- ~ en e g ~... ~ e 50 ~ 1 ] ~ ~ 5..... . 0 '0...." :;il....cu=.... "'..... cu 0'0 cu " :l lS- O .. ~..... . ~... '" 0.... 2: 0 en CI~ Uo..... iii ... III .... ~ tf.l ~ .... u.... '" i:I.... cu..... ~ ....,~ ~ '" i:I"'" cu ~ ... ~ cu",= ou <" =... ~ ..'l:!.....= ocu<.= ." &:l . ........ u u....... ~.., cu~ ......... U .......u U " S ~1lCl><~ .....> ~..... .... CUll ....u'U .oo~u'~ ......e~.....cu CUll..... ..... R o ... :................&:l...., .....=..... "':' ........... ....,..... ..... ~ Ill: ~ < ..... &:l cu ..... .... ..... .... to ..... ~"":l U :l-!i1!..... II ~ ..... .... ..... Ill..... 0 0 ~ ~ U ~en UO roo~ =-~ _~en""~~-u ~uuoroo :Jt""~ ~ U - , . . , . UJ H H H ..-l <II <II H ;::l Cll,!:<: H p. p. <II 0 -I-l (J <II . . p. ..c 0 0 p. UJ UJ UJ <II -I-l..-l H -,-i -,-i H UJ H H (J -I-l <II ..c .,-i Cll <II :>. ..c p. "0 "0 P. .0"0 OJ) <II <II..-l "0 "0 P -,-i "0 -I-l -I-l Cll <II <11"0 ~ Cll P <II UJ UJ -I-l -I-l -I-l P -I-l -,-i -,-i 0 UJ UJ Cll 0 UJ H UJ ..-l ..-l-l-l :>. .,-i -,-i "0 <II <II <II -,-i -Cll ..-l ..-l P <II p.<II ..-l UJ UJ :3"0 Cll p :>. :>. H H UJ UJ S <II 0 UJ 0 UJ ;::l P ;::l P H H H ,!:<:..-l H..-l H 0 Cll 0 Cll <II ;::l P ;::l H 0 p.;::l @' ;::l P OJ) ..c:: S ..c:: S p. 0 Cll 0 <II H S 0 0 Cll P ..c S ..c p. .0 <II..c:: <II ..c:: S -,-i I I ,!:<: P P I I I I Ul P Cll UJ Ul Ul Cll Cll ..-l <II <II UJ UJ UJ <II UJ E-t;:E;P-r :>. :>. <II <II 0 <II :>. <II :>. :>. P :>. :>. P 0 UJ H UJ <II <II P-r -r-I (J -I-l P C) ~ Cll -I-l H P H <II UJ UJ Ul o 0 S 0 <II <II 0 0 0 <II U4-l1J;:l P :>. :>. P P P :>. 0 P I 4-l I 0 S,o I <II -I-l Cll ;::l <II..-l ..-l ..-l H 4-l <II UJ -I-l,o"O Cll Cll Cll 0 -I-l Cll Cll <II P p..c:: o -I-l <II Cll-l-l..-l-l-l 0 OU H P -I-l (J UJ -,-i UJ o,-i -,-i P-r <II P P -I-l Cll <II -I-l<ll"O -I-l <11"0 .,-i Cll <II <II ;::l..-l ~ & Cll H <II Cll H <II -I-l C) S .,-i "0 ,o..-l N ;::l -I-l N ;::l -I-l -,-i o,-i 4-l I <II H <II 0 <II o,-i -I-l -I-l -,-i -I-l -I-l S4-l4-l OJ)<II-I-l I H -I-l H I P (J -,-i I P (J -,-i ,o4-lCll UJ P p.-I-l :>'P Cll ;::l S Cll ;::l S ;::l ;::l-l-l 0 <II Cll >:: o,-i o Cll <114-l 0 Ul OJ) H .0 UJ UJ OJ)H,o tIl tIl tIl P :>'S<IIS P P. S o,-i P ~H-I-l;::l ~ ~t;~a g Otlltll .. "0 ~ -I-l UJ <II (J ..c::-I-l UJ -I-l UJ .,-i Cll -I-l (J OJ) UJ <II "0 H -I-l -I-l .,-i Cll P -,-i -I-l ..-l -I-l (J (J UJ 4-l :3 H o,-i ..-l Cll -,-i P Cll <II Cll <II 0 -I-l"O "0 ;::l 0 H N H N -I-l UlP..-l UJ .0 (J -I-l .,-i UJ -I-l .,-i UJ UJ 0 <II 0 .,-i <II -I-l P UJ OJ) P UJ OJ) <II P (J (J ;::l (J(J4-l ..c:: 0 P 0 P N P .0 P Cll o -I-l (J "0 -,-i C) "0 o,-i -,-i Ul <114-l <II H ',-i P"O P"O UJ OJ) H04-l H -I-l <II :3 OCll..-l 0 Cll..-l P <II 0 <II P N UJ P -,-i "0 P -,-i "0 I -r-I"O 4-l UJ 4-l o -,-i _<II UJ ;::l <II UJ ;::l <II "0 <II <II <II <II <II (J UJ UJ -I-l .. <II .0 -I-l .. <II .0 -I-l ..-l-l-l P::-I-l N H <II Cll UJ UJ -I-l UJ UJ UJ -I-l Ul UJ Ul -,-i UJ Cll o,-i 0 H :>'''0 <II <II Cll 4-l -,-i <II <II Cll 4-l -,-i <II <II ;::l -,-i C") "0 Ul C") P 0 :>. :>'''0 O..-l :>. :>'''0 O..-l :>. :>'.0 ..-l P 4-l -I-l O<<l -I-l OJ)oo o P -,-i P P S <II -I-lUJ4-l <II .,-i Cll -I-l S (J -I-l 0 ~ P H Ul P. <II H .,-i OJ) o,-i o,-i p. 0 -I-l o,-i Cll 0 Ul UJ..-l ;::l UJ UJp.UJ;::l UJ UJ Ul H H <II <II 0' <II P <II .,-i i::i <II <II <II 0 E-tP-r :>. :>. <<l <II :>. HP::..-l<ll :>. :>. :>. P --'- . OJ) <II "0 <II <II <II ..-l (J ..-l (J H (J . H Cll P J:Cl P Cll P OJ) (J Cll -,-i Cll Cll U OJ)Cll P -,-i H P UJ oo -I-l H P ..-l P ..-l P P .,-i S 0 <IIH <II H tIl 0 -I-l <II Cll <II S Cll -,-i <II ~ Cll -,-i (J (J <II -I-l ..c-l-l -I-l -I-l 0 -I-l"O-I-l I -,-i H -,-i . -,-i "0 <II -,-i OJ)P . UJ P -I-l . UJ..-l P -,-i ;:;:: <II ~ -I-l P. ~ . "0 ~ P -,-i .,-i (J :>. -,-i UJ (J Cll -,-i -,-i P p. H S S H (J .,-i -,-i Cll H Cll P H Cll ;::l P o ;::l Cll Cll4-l ;::l <II OJ) <II <II P J:Cl ~'J J:Cl;:;::H U;:;:: UH Ur:Q;:;:: 'JO tIltll;:;:: ~tIlH 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 . . , Exhibit "A" to Ordinance No. 69-95 TABLE OF CONTENTS CITY OF DELRAY BEACH _J!liei!~llfilll_ _in . . .z......:o:.~.~............:-:.;I. ...........s .;0 ....,,*6.. . . _ '. . .' .' :>:~~::;:;:. . ~..~.~.~ 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) i , , . 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 . 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 , 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 . . 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 Page 6 , ' 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. Page 7 . 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. Page 8 , 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. , Page 9 , 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 Page 10 , , 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 , 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 , . 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 , 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 , , 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 . ' . 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 , . 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 . . 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 , ' 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 , . ; '-== _.~ = I~. = ! 1-5 N " ::---...... ,. ~ \ ~[n] ~ I r- I- ~ F ~ I ~ ~ I : ~ lflO- . - II ~ < . '--. '--,-- 1 ~ ~ . :--- ~ =-- II T Q. oCt ---...... . ~ AVM -___ " -.T -r-- l/3JVM '--I-...J ~ >- -.-... Q:: oCt ' -- _,; 1VJ$VO:lV Cl I - . ~ IIJH, Z ::> - 0 --"I I - co 1== I I===- -. h .. . If 1/ U~ I 11 w 11 L-J n n fI I ' r " . . - I I J ; H " H . i--- I ~ H II I! II .~ i- lCJ .... < I ~ ~ ~ ~ I ~ - ~- . II ~~ I 0 ~ ~ ~I I t I ; - ~ . ~I ,I I DF==J H I ~ - . , < I IJCEJ r ~ I I :J . ~ G::::j, I ~ I ~ ~ I ~ ~ " " - Ji . ' I. ~ ~ , Q II . I . . . GJ ~ ~..l I I---- ~ h~ r tJB r - ~ 8 . . ~ I t w . ~ -= .. l~ II H~ f1 ~ ~ ~[], 'I{ ~ u=-: ~~D- .......- u < II p:\ = i'" II 0 II II : II ,- - B ~ ~cn K - w < x = ~ < ~ : I~ ~ < B' -=-=-0 rl Is f/L- ~ I' 0 . . ~ JLlL~ I.....~... I f ...", I ~ ..............\J j zt 1.1 .J-1- ----- \-) FIGURE L-8 TRANSPORTATION CONCURRENCY EXCEPTION AREA Page 22 , 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 . 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 , . 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 . ' . 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 . . . . 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 , , : f I I \" MAZZA ORivE EXTRA CLOSET Ii .J STORACE r. ~~-" DRIll!:.. J: ,- I- POST of\\'>/i.. OFFICE: r--~ ~ BOYS ~ FARMERS . . . MARKET '" I 'V V /. TRAIl.S END Ir ~ PLAZA K.F.C. U CANAl: DELRA Y - K-MART SQUARE PLAZA >- a:: - ~v (Jc, <t: :::I. ----. -L ~~ I- MARKETPLACE n~ DEl.RA Y OF ~ DELRA Y ...J INDOOR - FLEA ~ f- 1ST PUBLlX MARKET ALUANCE CHURCH vO +'f GREA T FIRST ,,<J WESTERN UNION ATLANTIC AVENUE - r BABY SUPERSTORE I- PLAZA l- f--- N ~ C; P F- ~l C [ PROPERTY f'l""(UU~<: \)("....1' lufu ( OIYor urlllA" lI(AOt. II {)I(;fllll 1IA';'. UN' ';t".1I '-' ----- ------ ---~-----_._--_._---- - , , ~, 1/ :j~, tll~~ 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 , ' 1".::"[,,:::::,::.'..,,::,;,,:',t,!TI,~,M.:i,,j,~..g::F,i~,:':B':'~"'"",j)i!lt!:::~:::::,:::,m,,:~,,:I:,:B.:'R:.::,:::,:,:::::.;,:::':::[;:!!:::::::.."j;:::j::[,jjj:::::::::j:j"j:::,::j:;;":,:.":,,:,.,,.;:,,,1 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). I:f~l~;rl~i:[~::::::::::i,;::;:::::j:::::[:;;:[:::::::t::::i,I:::::::;:::::::::,::::::;::j:j:::~:::::Ii,N':::N::::r;:::I::I:~m~;J.:;:fl::::I::::::::::I..:lnl;Jf.:::OO:;~:::J.j:::~::,::::::::::;::I:::';::::::;::j,i::::::::j::::,i,::::";:i::::::::::;::::::::::::~:::::':::::;;:::::::::':::::1 Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and , 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 $10,495.38 a year. With future development of the property, additional revenues will be received from property taxes, stormwater assessment fees, per capita revenues, utility taxes, franchise fees, and occupational license fees. , .P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 13 The application of the RM zoning designation to 12.47 acres of the property is appropriate adjacent to the existing multiple family development. Applying the NC zoning designation to the southeast 2 acres is appropriate as it is consistent with the existing County zoning and is situated along Military Trail, adjacent to commercial development. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of the proposed development with respect to design will be further addressed at that time. "X:~_I_'\t:::.~::':~'. '.' A. Continue with direction. B. Recommend approval of the annexatio~ with initial zoning designations of RM (Medium Density Residential) and NC (Neighborhood Commercial). C. Recommend denial of the annexation with initial zoning designations of RM and NC with the basis stated. 'Z~:::"';::~W'>>>':':'~'iM'm',,:::":~?!"""':;""""':'~""':':""""",:,w""""m,....~..w..>....~~._~t":~;:""'.""'~""":'I""_:':;iI*<" . .....:f1M*tlm.f.~1t~t~:f.S~mfA:E~F$fi:e(~ ,91. .. :.:;.A,%1i: ~S,. :i'm.. .~~$l?: ' ". 0:' ~.', . >>.".~ .....:.... .....;... ". ,", .:..:-: :. ~'.:~ ,'~Jo. . "". _. .',... ~~ . ...... . '. .:::r>>:.', . ::$:'"<...~: " " y.....::.::>~~... .m~,.~.;t;.o:..~..-:-x..<<.>>x-:<.=-..x.....:-..~,,<.:o.o:-.~ . >>:-x~:<<:::>>!.. .xx-:, ...0):<<-:". .*<...t.=.->>....<<.. ....1.:--..:-. ..........:>...00:- .. . ... " . ...",'it... 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 . -<: '< I .. ......:.-.,.." I" I ~~ _.. - '- --~,,- i'Vtfl Al:lV llil W ~ _ - - , ..... _ _ _ ~I _ ~ J , .\. ....,. .,..~ - - - - - I ...... ,..., '.........;: 0 - - ~~ ~ ~I 1 _IS .. ,..it --'" ,. '>>OJ o o. h~'" r"'''''' --"G- ... -. ... .....0::. ;;:s...... _..1_ · o.~ . OS _lISl T 1'./1 ------.... ..::I~ LO:S ~'DS'.. 8:. .. I . c_ .. .. ~ I~': r:r .In:" .li- !~ I .~ - ~ ;~ t! I ( ~ - ::, .... . I ~ Cl +M 'u .. Cl Cl-l ... Cl.... '" oooccvt! I ... oooc--cc: ~ =-:_ Co) , ~ ~ i ! i! ~Cilif~ ~ ~ ~~f100(:: ,. ~ l ~ R ~... :iU.5uo If :: ~~a::g:: :) - . !: ~ ~ ~ ~ ~~~~ "i ~3~~ I \1\ ~ ~u -- ~ i I . I . ~ I .utIIO$O !_ . ~~~ PI _J'~_~__ , ~G . .00 'lIS' . .oo~~~~ . ". I '. . I' ~ -L is': --. fI) ~ ~ ('r') I '" ~ ('r') . a:: !il... ~ '1 1 . J- ~..... "~~ ~ .J ' <: ..... -.. CD I ~ - 100( .....;g .. ... ,... ..- ..; (.) .. o. i . :oc .J I " g; ~ -... ..:> '" < w ~~~ =~ Z ~ '. ~ < I to .. ~ ~'. _ t.l ~~ '. -- CD I - ;: '. ... ~ - ~ . 0 I . , ~ I . . ~----------~----~z. '3'" -------- ~ I --- --------------- ."S '~'4K1 ....r.~3$ 40 p/I'3'11 .J 40 P/1 '3"S ~ P/1 ';J"S 40 3M11 'It. I . I . - I . , ..... " I . I !: I k ~ I 0/ ~ I I -/'M I ~M I : I .,,,. ." \ l I Gn "669 IIoG I .Zi: .0011 ,~:-- I / " , . 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. ~ 5-0 ref:agmemo7 . . - .. ' c<~.__.. ~ ._, .- .-. ~ - ,- .'~ '..~. - 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 , I -' ." C~.. --"1 i I 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 . ' . .. --....'1 I I 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 , .. --t I 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 , u' @ 0 o c:::::=::;:) 0 < 0 0:: ...J :cc 0:: .J cJ vi w :) Z w > < i ~ .. A-1 Ii '" CANAL III III W 0:: C) Z 0 u N - ANNEXATION AGREEMENT ATTACHMENT f'LAHNING DEPARlll/EHT OTY OF DEl.RAY BEA01, n. -- DlClTAL BASC IIAP SYSTeM -- . I " '- \ ""'A/l J . I ,f'.":" 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. , , . 1:::;.:,',:'::'1:'::':":.;:::":::'::::.:,:,:,;"",j,,:::::::::::;:,,':::,,:::,::::::,:;:'::.::l:::::'::'IIIM'::IEIIBltISe,':lllIBQ~:::1,:,:::::::'::'::::::::::::::::::'::':::::i::::::::::,:::::;::::::,::,),::::ji,':::::::::::"::::::"::::::1 ..........,.................'.................'..,'.'..,.,','..,..........'.'....,...,'..,...'...'.'.,...................'...'.'.',........'.........................'.......-........................,..,..'....,'.....'.',................'..........,',.,....'......',......',....'.......'.,......,','..,'.','.....,..'.....'..,'.',',',....'..,..'.',',',',..',.,'.'.',','.'.'.',..',',','..,',',',',',','...',.,',',',.,'..,.,...,.,'..............,.:............ . ........... ..................... ...... ......... ......... ... .... ..... ............. ..... ...... .... ................ ... ..... ...... ... . ...... ........ 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. 1;:,,:,r:a:ww:::::aa::::::::::::::'::::::::H:::::::W::::::::,::::w:wxe":".:::R.'.....:.:.CI:U.S.......c::m.:'::::Df:E..........:S.,...::Sr::f1....:..yl..'P'.D".':g:':::;':.'.1~'}::::::H::::::::':.::::::"':'..':}::.:;:a}:::',:,H,:,,:,:a::a.,:,,:,w:::a:=:,::::w::,:::::::::1 ........................................................,............ . .". . ... ",',' ...... ,'-' ... . ..".. ........................................................................ ........................................................................ . .. ... ..... ... . ... ...... ... ....................................................................... ..................................................................... .... . - . ..... . -. ~..... .. ...................................................,.................. :;:,:;:",:""::",;:,::::;:::\\\:::,:,;:\\:,;;:::;::,,,,:,:::;:.:,:"::,:;::\,.:.":;;,;,,:::;,,,;,,:::,::::::,,::;;",::::;,;,::::",::::::::::.:;:,::::::::::::::::::'::::::::".,::::,,;,;,;:::::.:::::::::::::,:::::::::::::::::::::::,:;,:::::::::://::::::,,::::::::::::::,:::::,::::::~:,,::.::;::,,},:::.:;,.,;,,:;;;;;,;,;:;::::,,:::,:,:,;;":::,:",:;:,:,:,:,:,:,,':':':':':':::,:,,::,:,,,"":,,,,;:,:::.:,.::::;:;:::;: 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). . ' 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: . ' 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. , . 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. . . . -,!',- {~' ~- \ [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) . . , 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 . ' . 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 . . 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 . 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 , ' . . 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 . ' 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 10 , . 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. 11 . ' . 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 12 . . 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. 13 , . 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 / , , , I /' / / By: l~._ ~ / L... ~ '- lo....- _ L-.~ .",,~--' " P . t T . , 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 . . 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 . ' . @ 0 <( 0 ~ ...J < ~ ..J (j vi W ::l Z W > <( .. A-l Ii III CANAL .,. I w w ~ ...J e" <( Z Z <( (,) 0 (,) N - ANNEXATION AGREEMENT ATTACHMENT PlANNING DEPARNENT DTY Of' OELRAY BEACH, fl. -- DlClTAI. 8ASC I/AP srsrrll -- . . CUD @ o <====) 0 < 0 0:: -l < 0:: -i ti vi l&.I ::l Z l&.I > < ... i !l! c ~ .. A-2 Ii III CANAL Vl Vl .,. I l&.I l&.I 0:: -l C) < z z < 0 u u N - ANNEXATION AGREEMENT ATTACHMENT PlANNlHG DEPARlloIENT OTY OF DELRAY BEACH. fL -- /)IC/TAl. 84SE w.P SYSTEM -- . ' . 9" @ 0 o <===) 0 < 0 Q: -J ;( Q: ..J U vi W ::l Z W > < ... i !$! 00( 0 Z N N A 7 .. A 6 A-5 etI A-a CANAL (/l (/l "It I w w Q: -J Cl < Z Z < 0 (.) (.) N - ANNEXATION AGREEMENT ATTACHMENT PlANNINC DEPAR1\oIENT OTY or DELRAY BEACH. FL - - DiClTAl. BASE MAP SYSTEM -- . ' . t .-~"I'- 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 I I , . ' . I . , . - . ".'..'- , ------' --,,-_.~- -~-_.- - - .~~-~1 -- , I "f ~,. .: (( ., (( - ': J ... - ~ .. '-:- " .. I ; ,. 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. .;~ " H ;1 h ::~ il . ,1 ;< " .' . ~A-2. - 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. .; ",. '...",":<' . ~ ~ . .' ~ . *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. .... ... .__.". 0" "H _.. - . -.'..- ..... --~~~-.....---.--_._'-_._..-_...-_......_._..-. -. -~-- --". - - . ;1 1 H H ~~ . ':1 b " ~~ ; , . I"",. ". ~...~.~,.-. --~- -.. ,,- # '" , \ (J) 0 o:t> com 'OJ z (J) ""0 l.&. : m~ -i ~:O~O -iOJ-ioor"TI(J)OJ o~ ~ o :t> ~:t>I\)~ IOIO"TI~mmm :00 -i Z ~rN~ mcmzm6~o~ rom ~ ~:O~(O (J)ZZ-i~o ~z mr ~ d ~ ~oti~ OO~Z!'>cboZ 00 , .....:t> - - c)>. Cm-i zz- :t>"TI m .. 0 - - -i :0 - .l>o -i (J)-..t!Il.. :t> ~ m . o:E -< Z Z )> I r G)r ~ (0 ~-i~m ~0~G)~5m~)> d~ ~ ~ -iI~~:t>~"TI-iZ~zzo-i ro m )> O~)>- 5-<(J)IO-iO-i"TI-i 5r Z 0 -iOOOZCD~~~O:E~(J)I :E-< -i ::0 Im-m,....Oo. )>m (J)- (J) m m - (J)""O ". .l>o I -i Z W - _ o. Z - (J) .....(J)~)>-iCr~oI ~Oz G) :0 uO-:OIZ~~omCu(J)-i m ~ OcZ-imo^<D . (J)~mm Z (J) 0 Z-iOZ )>m=Nz~Oo:o :ri :0 -;-!ImG)~~:E~j-i- Z~~ ~ - m 000 C O(J)~m-i-iOo 0 o 0 "TIo"TI-i-iO:o~ =:OIIZ-i -i -i ..... . .(OII.....-I oe:(J)mm - - 5 .. CDI\)~m "~o<mz ~o 0 Z r m~o~:om(J)Immoo~~z Z m G).... Vol :t>o""OW-imo (J) (J) _~oor-<-:o:t>-i-o- -io ~ (J) Z = "TIC 0)>:0- ZI1I" 0 :0 ZmmZCD --i)>zO:Em rn Z)>moo);EZ"-i:o-Z-i -i G)(J)-i)>c,,- OI-i-iOI 0 ~ 0 ~-i:02mG)G)ZmII~m :E < )>o-<o:Em~G):oo-i(J)~ Z )> r-iO)>oQm-iom~IOm (J) ~ OI"TI:O (J) I I\)mC(J) I o zm(J)-<~-i~m"~~-i-i ~ I 2 G)Z)>OI~(J)m:E""(J)I:o .l>o I (J) -i-iM"~O-i)>~~-i~^ m )> Im~(J)~-i::OWI~ (0". 2 millr~~~~-i-im~~~ ~ ""0 o <: ~ 0 - I (J) ". ~ , :0 :0 <:mo^ ZO-i~mI-iI""O C 0 - m mr)>-(J)' G) . -im"TI -i ""0 G) (J)-i ~G) 0 )>' =. I II -i5~~m~~~~5~:E~ :0 6~ ,~ ~~:O:EQ~~6~2~rn-< )>:o~ 6 II~o~m-<~IG))>-<~C ~ ~o "TI -im :O::oOr<m-i )>2 m , ':oo-i- -)>:OIrrm m""O(J) ~ Om:oIO"mZ-<r-<mzoo .l>o)>O - "'0)> -i~ 2 ~:o:o -< ' .,,_0. g:OCOJ~mG)'" 0=0 o ~~~~)>~~ZO(J)O(J)(J) ~ m~ :0 -<-{j)zo~(J)G)c-i"')>m (J) rO :0 r~m)>oo,,~oz~86~ -i Z ~ ~~~~~ffig~~~~~~ ~ ~ o Om-ioo.oO)>-<-;-!:o(J):O r ~ ~:E~oom-i~oo~m-;-tO ~ o (J)mO~oI:OOl1:E.(J)(J):E:t> OJ ~(J)-i~ mm m- m ~-i' -"Z O-i (J):O )> o:o)>~~n~Z~~~-iC 0 (J)^o.Onl)>G) rmOZ I m ". - )> ~ - <:0 r - Z c m )>I(J)oCDzmmJ>2c)>::o 0 CD-i-i_.l>oOz(J)^mm:o)> 0 06)>(J),,:Oc(J)mO~-ir C )>.,,~~m-iIm)><~)>m:o Z :0' u-m - <<(J):OO -i o~mt5~OlOm~)>N(J))> :< )>)>-<Om oOZ-iMPmO - .ZC ~oo ." :Or"O-iN-imIOO-i<: r r-I\) I~-. 0 -<: 0 -ZI\)~m~z 0 "O~ :0 Zmm(O~2~c)>~~OZI M I . ~ 0 . - )> ". 0 ~ ~~tmmm~Qz:O-iCz-i ~ I )> I\) - :t> ". (J) )> m I r(J)"~z(J))>-iG)(J)~mm OJ , I ::o)>mmo-ir)>m(J) ~ m ' ~o~~~o~t5o~~o~ ~ 0(J) .oIO{j)m(f)m:OOO-i . . ~-i-i ~-iO-iZG5-i l $: )>OJII~-I.,,::ocI)>:E 0 oOmm .Zm......o.fT1-iZrn :0 (5)>ZZ.l>o~(J)I\)-i)>6O-i m -i:OOo-:ZO~_o m ""0 )>O.fT1.fT1~G)CN-iQ~OO )> Z)>ZZ: -i~I~~"'C :0 O~oom I~m)>~~~ -i mC:o:n)> mmZz- (,;)-1 0 OZ-l-l(l) ~~Oo)>om C ." m I I .-1 -< _. f11 m (I) ...... :0 ):: ~ I -< (f) 0 c 0 ~ z 0 )> ... "". m -I 0 -I 0 [;l -u ... "" o ~ cIo:i:D(f)OJ 0)> ................... -I Z )>m 0 ~mm :o:D ...- ~ -I - :O:Dl\)mroG) -0 o z -Im"m:n::;- rom 1 , o mo....)>ooz mr ~ :n-u~~)>z~ 00 ~ I~ en ,. en<< P z "-u .... VI (0) m<<:O CG) (f) ~ 0 o~mQ)>Z -u~ ~ \ m )> ::!I~Igm~ Oz --.. Z 0 - -I(f) r o -1)>'-10-1 rO -I :D ZIrO)>I1I Or .CI> m cmo71zCl>m :E-< :D .en zrnz:Eo);o- (f)- m ~ m)>G))>moz .. ~ en - en -< 0 -I ~ Q )>~~rl1enm- Z I :D ~ o<I-~m:n - 5 m _~mZ~oen en I ~ 0 enenrnm~::!m m , 0 -u ~-I)>OMO~ 0 Z r Z en"OOz- -I en m 00-1011(0)2 0 . en m)>C:DOmo/-. Z :D en - m-' fil . 0:DG)~::l c (0) en 11 -I I 1.1, -I .." 0 m m~::O-t:r:,- ...... (o):D' mIm"""\ -I ~ CD oen z:T. , ~ ~en-uen~oP 0 ::! ~~~~o_m~ ~ o 11::!~m_menm en Z mO"'z(f)O(j) I , en ~zccoc-l ~ )> -Irz_mC-I~ ~ Z Ozm_-IIG) 0) o mo)>IoI :D -I ....000-1 en _ IOI1I\)CD 0' 0 -0 G) ml1eno 01\)0 C :D .... ~ I -oen)>o~~71 ~ 0 - 0 ~ Q~5~~~~ ~ en~ ~ o ZOOO' -< ~ o;!l ...~ &l 1 ~ s~gS~&c Z s-< ~~ - . ~ -uoG:nen-lZ G IO <m '< ",::;:nO;-l- m m [;l ..... o ~zorn~);oo~~ ~ ~O ~g :D _ en 0 :D:D- Z(O) :D-ZCJ> rn O~ ~~ :D Z 0 <)> ;:; -Ien G) rn )> m -I - .. t:1 m _ _ . 1.1, )> CJ> r - i:. >' o Z-lmI);o-lOJ -I 00 ~~ o G)Iz-;-!OZIO - Z - tne< :D . mCo m);o -0 0 () p z~71m:E:n ~ 11~ ~M O)>:EOmo ~ m ~~ m ..... 11 en ,jl,. till ffJ _ o~(o)-I~"" II' ~o z-",CD:n Vol >' o~):.~;:QC ~ \J ~~ :D);oCJ>oG)Z 0 KJ till -IZr~Im I p:. t:1 IOJ>I1-1 L ~ I illm5Hlb~ 8 1>..l:: I .00-l71r C CI\ e<~ ~I1C-I:E:D Z {l\ ~~-IO);oO -I 11 c..m ~~)>-I-<~:< ~ gra _0 ZIr 0 rnl\)om-< 11 ~::E: )>00 z< r !2: enl1zzm=i 0 >' ~mO-lOI;:Q · a:: _ ~:Eml1-1 0 tIJ ~ z~enI ~ ~~ o -I m )> m OJ :xl till zOcoo-m m ::-0 G)-ICJ>-I)> - ~~ I.!!! 6 en en Z t-3 .. ~m""-,z~-;-! G) .. M oZI-IOJ:E ~ c..m -ImIOm 0 ~ rnmzm)>en:n · as )>:Do:n:n-l m .. ~ enen~mOO -0 tn -;-!mzO)>c)> o till ~~o"jj)>:O 0t:1 m_:n:Er:n:::! :z: enO-l---I 0 mO -Iz:r::tzm C C::::Z: m :0):: t'4 :0 ~l)'] ....e ~ :Z:~ C;)< till t<:lt< . zm . . _.- - \.. \ ~€:" . ~1€.r. _ C€. - ......... ... ...... ... ...... - -...... - 4t:A-l.o 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' .--.- --- - - - - - - - - --- -- --- ------ -----,---.- - -- - ---- - -- -------- -- - -- - - --- --- I I I I / I - I (j.) I l'- I ...q< I r-.. ........ . .z# /0 -1- 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 , I I \ \ t----- -- - ------- - ---------- ------ t I , I , , I I 1 I '" I , . . 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. ~d-o tJ-)/~ ~ tFm b. 7;;; -fa 6.~) ref:agmemo11 . . -"-'--.;;L ---------"'--~ __~_ll."--__- -- -_.~" '--'- -----l- _~, _~__4_4'. .~._.._,.., _......._...._,_~_~_._ ._~__...._..,__. _._,~, _.~._.~, ~.,___._.. _____,_. ._~-----_.. -,..~-~~.~,,--_._. ~ --. ~ t 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 . ' . --. .. - .- ~.'....".- ...--...------ '-."-'-."-." _",M_~___'__~~'__ .......~-- -'- .,~-_..~.._-. ~,'-,.. p- --~- ------~-._.._._-_._..,_.-....~~.. ~.".. ..-'.--.-.-.-.-- +-,~_.- "~_.- , 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 I 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 . . ._,~~.. _._.__" .N_. -'-., "_"-"~--"'''''-~",~.._-_._...__.__._..~_.,..... ._.._.. ,.."-___.. __,._......_._._~___._,._.. __ _~,~.__ n'n .'-'_h'h_"..__".___.~...~,__~.__.__. ~". - . ----.".. , ._,~ ~ .'--~-' - '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 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~~~ I I I I A'11EST: M I!L MAY ~. I '1A L)Im 'fIJ! l'J I r' 7LJ$y City Cl rk I I November 21, 1995 I First Reading Second Reading December 5, 1995 - 3 - Ord. No. 77-95 . . PC @ LI o c::::::::::) . RM D . I ~ ~ POC B ,,-< \)'" iG CO .. \",G Ii A 1.0'" '" A If) If) t.&.I Q: CC 0 ..,. POC Cl I t.&.I Z S 0 u 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 -- . '~ ';J'." (; i jU;' 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. . ' . 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 , . 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_ IUlG. N V.G, , ' . I~j:jiijj:\j::~::::i:i:::ij:::iij:jiiiij::i!:::\:::~~!:i\\ij:ji:i~j:~:::,'~::::\:iii,::::::::::::ij:j:::ili:jIt\:I,::I,'~::i:~:I:::I:i:e:~lj:il:il:i::i'ji:jl:jl:::1:i:,,::il:i:l:il:::I::I:::::::::::j,::::j:i\::::j:I::ii:~\::;iiii:::::i:::::::,:::':::::i:::::::::::,:,::::,:":i::',:::::,,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 "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: . . 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. , . 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 . ' . 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. , ' . 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. , ' . 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. . . , . 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 . . . . 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 . . --.-.,-,-, - ....- . ~.-;~.' '.'~'- ~ .,~,.- ~'~.' --~- ~..._' ~-~-_. _.,.._-_.~_..,,-_...--. ~._... ,.~_._-~- --t+"---- -_..~.-.- ------ '-,.----1 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 , ' . -., ,-, -,-..-. -". ._....-..-..... _.~-,-~~-.-.._----,..,."..,.. _.. ,_-"'-'-'~'- ~.._-----,-_.." - . ---.._._.--.--' ..---....-. ,_..._----,._....-.-.~----------_._... . ---~-.._^.._>---_._.~_..._.".- 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 . . ~_'~~"'_"" "w_' . _n._ __.~.__....__.~.~,~....'_'__" "_~"._~',____.., . ~~,,_.. ....,._._, v_____._~,_..~..___._._,., ."._._"'..., ._._...__.__.._~..____.,....~~_._ ,_.._.._,. ._.. _ _'...'~"_ _.. --.- -_.~ :1 -- _n -l l: 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 , , I I i I - 3 - Ord. No. 78-95 , ' . . . Uo @ o c:=;) W :::I Z W > C '" i ~ c C A ~ N . B III CANAL If) If) W 0:: . " I Z l.lJ 0 . u 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 -- . ' C~ rlY'/'l ! , ~ ~ 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. , ' 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 , ' 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. .. z 0 u ....0...[ IOOaL INSI'(C_ - N V.H. . ' . 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: . ' 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. 'j~j:j:i;::~:i:iii~~::::::,:::'::,,':,::::::::::j:::~::i~::::,:::,::::::':::':::::j:':~,:::::::::,::,,:::::'::':::::::,::'::'::::::;,:'1':1:::1:::1"1',:'::'1:1::'::::I:::I:,:8::::I:::I~:jl:':::::::::::::::~j:j:j:~:::::::i::jij:j::i::j:::j:::::::::::::::j~j~j:::~::::::::i:ti:;;i:;i::i::i:::::::::::::::::j:,:j:'::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. 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~ & ~rI;2 ~ ~~ $-0 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 0 u _If .ooac -- tJUXJ. N l 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." 1""" ,," '!"" '" '" ":':-:,"'r:rrnr""""" ",," "" """ ",," ''',,'' '''I T'" "''['''}r''rrrrn.''''''''''i'' '!""""" '" ,,"" ,," ''','',''" "'" ''':'' ':':':,!,,:" "'''i':':':':':'i'iT:':':':'iri':':rr"" ":':':':':':1 ,',',',",',',",',',',',',',',',',',',',',','",',',',',""""""""""""""S]3rN"'srrlfl'Cflflru"',','''If'$''''E''''''''J('''N''AfUfNrSrr!f''',',',','''''''''''''''',',',',',',',',',',',',',',',',',',',,',',',',',',',',',',',','.',' 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. n: ",,"""'"'' 'j'~r r: 'j'''''r '''' "'''' """ "'" """""'" """i":':r"" ,"" "'"'' "!"'" "i" "'" "" "it" "j":'''( ":IiI' 'i'jT"""''''''''''''':'''''''''''''r'' "" ''':rr'' "'"'' "'" "'"'' ""'I ::::::::::~::::::::::::::::::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. n:::':':':':r:'i'ir"'"'''''' ,,,,,,,,, ,""" ,,,"",, """,, ,,"'" ,,""" """'" "i' r["iri'i':ri':rr""" ,,"" ",," '" "'''''r'',' Ii''' "",," '''" "",, "''''' """"" 'j'iT ":"""" "'''''r'''''''r!r''''''!'!U :::::::::~:::::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. . ' . 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 . . . ,a:7% 'a~.sUlrn i 11 I , , (?tD~~~ lOwletl. ... (..0 G~T1t1 p- , i I i I . I ,I ~- I I \ ~ ~ \ I lug clill J I 0 ' ~ I g~ ill ::l 2 Ill, -~ ~ ~ ~ "t I ~ ) v " ., }Ii ~ \" \\\ t: \iI ~ , Ul ~ I C! .:l !1tI , 2 . o. J ..J '" \J ~ DN1~~ . IIIIIIlIII1Y \I) "'JSID , I I - - I ,I , ~ ;" !I .... .. ,s ~-""- K ... I\: I' ~ "- '" q .. .\oJ ... :/ .~ ... .. , a I I Iol I I . ' . 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 . . ---'--"-' ,_",..".~.. ,,~.. .._ . ,0". __......J...'..._..o-.._ _~ ._ ----,_._._.~-,-._-,.- '. .' ..,,-..~----~-~_.- ..._-~~._-----...>.,-_._.,-..". .',-.-.---- --._---_.._."~.'._--_. .....__. . .....--...- .....-- ). -- I i I ~ ! 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 . ' . ... ~_.W,~.. o. ~ ",-., ,- .---- _____...-.- ."~__,._..v~_._... -----"..- _.,,~--_,,_-~-,,-_._.__._--_--.~--,----,-- ---------.--------"....-.,. ''', '." ---'-1 " I I 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 , ' -.....-.-"-,,... _'.~' '~._' - ,....._ .*~. _.. "_".~ '.0'_ ......______ '..__..__n__.._.._. ',.--. ---1 i 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 ~~ I I ATTEST: ()!JMn'1lt-c~ 4* I I I City C erk I November 21, 1995 I First Reading Second Reading December 5, 1995 I I - 3 - Ord. No. 79-95 , ' . . . ~ C A 0 ~ ... Ii B III CANAL lI'I lI'I W 0: (,) Z 0 . u 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 -- . ' . r 1\: -;'.'1 V \ ' , 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. I~.K- . . ' . 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 . ' 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. AliA .. .. ..... w ...:s .. EAST U Z 0 u V.1. I . ~:j::\j:jfI::::i:,:::~j:I:::::j:::;:::::j:\:::\:::::;::,;;;::::::~::::::::::::':::':~~:::::\J.;:I::'I,::I"I:::::I:::lil::I::8,\':I::::,,:'::I::I:::I:::::::::~I,:1~:lj:~I~:I::::;:::::,::::::::::::\;:::::;:::j;;:I::::::j:::::::::::~::::'~:~:::::::'::::::::::::::::\':::,I 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. , ' 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. . ' 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. . . 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. , . 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 , i . . . . . . @ C A . ,.. w B III CANAL U) U) l&J 0:: .- (.) I w Z 0 u 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 -- . . 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 . ~ ~ & Jf.Lf.;;JQLCX7) ~ ~ ~ c/:e. "It bEAcA ~ncEsslol1 . .. ) . 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: , , 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 i I I ! ! . . _.~. -.<<, '-~ . ..,,' _.___~,.,_._~. '_~ ,"__..0" ...~....._~__~__+~_.O'...._... ."__"___"U"~_~_'" '0 .' ._._~. '0'_" '_~'_.' ..A___.M__' __... ._._,.. "._ ....._..~. . .,.~ ,-- -..-----". --~_..~~~,_.._--~--- -.-..'- ..-.--.-.....-.---.-...,. I I I I (5 ) Maintenance facilities I I (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 I Section 4. That this ordinance shall become effective I immediately upon passage on second and final reading. I i PASSED AND ADOPTED in regular session on second and final I reading on this the 5th day of December , 1995. I ~~ I I ATTEST: fJJjjnn~fl~Jt~m I/r;* I I City C erk I First Reading November 21, 1995 I I I Second Reading December 5, 1995 I I I I I I ! ! - 2 - Ord. No. 67-95 . ' ~6~ ~-,,- 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: , ' . 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 . ' . 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. . ' . 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. . 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 .... .-_. . - " , ' 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. , ' 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 . 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)] , ' . . 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 . . . 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 1 . - 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): . _ 'O~ '" ~~...~. ..-..._~._-,.... .....,.~..~ _.~~ _""..."_.'_H""_''''-.'''''' .._. _, ... _.~ _<", ,_-. '_~"...~~.K_',__ .-.'......,..... ._" _ ...--.....'__ .~_ . ,~,,'-- ---,,~ -~....~'-~". ~--~""',-'-'--.. ~~-- - - ~ _. .~~ ',. <---.. I; i ( 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 , .. ._. ^. _. "~,._" -'--. -. _ ____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 I I I - 3 - Ord. No. 72-95 . ' . --'.. ,,,.....---~.._,.,~. -. ~..". .'-', ~" . ~ ,,'." """--'" .. ,,-_ '". '_ ,-_",,_._, ___."___." ._~_.._,~~ ,_ _~...,. ~",_.,.....-..__.._,_ _ "____'._..___. ..._.__ ',__ '..-~.. _~'_'._'_'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 ! ( 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 , ! (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 . ' . .....,... ..~.......- '.~. ,. . ,.. ~ ~..'. . ~.-..~. ~.. ...~..~ .'- . .. -, .,,,.,....~_,_.._._..,~..~.'~_ ,~..__ .....~__....._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 . ' -- -.-'. ..'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 - * Contractor's Offices I I - I * Abused Spouse Residences I - I * Shooting Ranges - I * Adult Entertainment Establishments - i * Service Stations I - I 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 . -.- ' .-...- .-... "..-...,.-....-....-...,--.,.... ..~.... ~,-~--_.....~., -_..~_..._"',._.~._-~ -. '-'--~.", ..--~-,- -". ._"~_._----_._-_..._~->-'"_._--,-~-.-_..__.---_.~~,,~,-,,_..---_._~-..._-_____..~_... .._~..._ _.,__..."._....._,,____,~.._.. .~~ 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 . ' -_.~.~ "... --....--. ..-~ .<'.~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. ~~- . MAY. ATTEST: 1 : (}~MnYlJY~!Ii J~ 110 uy ! i I City C erk i i First Reading November 21, 1995 i Second Reading December 5, 1995 I I ! i - 8 - Ord. No. 72-95 . 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 , ' 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 . . ' 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. . ' . 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 , . . 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 , . . 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. , ' . 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 , ' I , . --_.---,. --.,---..""--.-.. ~~ ._.,,---- ."-,-".~,.-,.._,,~._.-...."...- " --,>'-'-"-- .._.,._.~,---.."._..~--,_._._.__....__..".-------------....~_.._~.~,,-, ._-_._,~,,"'....~~..._----- ~,.._..._--. ..---" . ._._..w_ 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 , . . - ~.~- ' --,,~.,.., _. ,',_"__ _._,,',', H__'_ ". . .. .~' .~_...._-.-- --...-..,.. ...- ---_..'._-"-~..._-.'-_....-,._~..-. ''''.-- ~ --..... "~ ~..-._"--"- -_..~ ' ----- - __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 I I - 2 - Ord. No. 70-95 , . (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 , 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 . , ' . .il_i_ 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. liD , 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 , 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 . , ' 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. , 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 . ' . . - 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. , . 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 . . , -,- ,.._.,-,...~_....~ ",-- -~- ._..'~,,_._..~-~ '-_.'--~"'.- ,_. -~ -_.._-_. -~._- - ._~-"~-"-' ~ ~"".. ~__.~~.~.____~....~__ _ ._.__~_... ....M..... u', "1 I ! , ORDINANCE NO. 71-95 , , , i I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I I 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 , I 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. , ' . , ~..~. ' .-'-,-..'~'-"' . "~,~.">"_,,,,,_,,,,._,.,,,.,,,,"._. ".. ,,~,____,,__'__"_'4_" ~.,-,--~-..._. '. .- - -. '.~... -~. . ,._-~.- -, .... --~--"'>"'-"'-"'-'~'-' c_,~~,__,_. .~_". .,.,_.~._,__ ">_......__...,_~____n'_'_.-.-~_______._____,~..,,..... __'.0' --------.--.- - --------1 , (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). \ I (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. , I (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 , -""'.-'- -"'--",.-.~'<" ,. ........-. ....~.- ".-... "'~'~.._.."-_.."- ,. ~. ~_.~._..~...., .. ..-......- --- -_....._._...~.- .~..,.._-,~'..~~- -....- ~~__._..~._._ _.._._.__..____._..._.~~___._~_,.._.,,__..__,__w_.~..___~..._._.~__._._ "._.... --..- -..--......----.-.-.. -- 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 I 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 , ' . ~~ 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 . ' 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 . ' . --- 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 , . 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 , ' . 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 . , 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. , 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 . ' 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 . . : 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. , I 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 . ref:agmemo19 . ' I _ ..._~__,_. .__, ......_.. _ _.....".....__.. ____" __._ _...._~.r~_, ,_~._ ,_._,_..~__._._._.__._..." _..,__.__.~_,,_____~~__._______~. ___.~~._.__.._' ...--___ -----.., ."-_.~---~--~_._-~.;.-..'._,_._~,~_.._-_.- .,....- ----_._~----_..~_._~._.....- .---- : ~ 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. , .. --. -. ......... ...-- . - ....~- . u.... ._~ '-". __~.~,_.~__._. ____.M_~."....... .. ~._.~"._. .___" .... __".____. '__'_~''''_______'"' .~ . '~"'...' ~._.__ _._____..~_______..,"_".. ..______......~ .~,-,._____.h~..__...._ "'.~,,~_.._....... _....__~",._.__.___.. ._ .._ ...---- I (C) West Atlantic Avenue Architectural Review Committee i ( ARC) : I i I ( 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 i 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 , ' . ,--- . "'.- .._.'.~"'-- .~.'~ ." ~.h" .. __ ~." "'-.-"..- _.,..~._- . *.....,....~_...,.,...., _.-.--, ..-;.- ".. _...._'""_.",__...~_'..>~ ^" ~,_.'_..__n _~~..__. ."__'".__.._.__._.,",.___...~_.. "_.~__,_...._.,.._.____.__._._'_"..._...,_.,_.____. _. ___ .. _"'4 _. l i, I Section 4 . That this ordinance shall become effective I immediately upon passage on second and final reading. I , I I I PASSED AND ADOPTED in regular session on second and final I reading on this the 5th day of December , 1995. ~~ I I i ATTEST: ! ()~ Mn'fJJ1!-ku ~1Ia JIy City C erk First Reading November 21, 1995 Second Reading December 5, 1995 I I I I I I I , I I I I I I I , i - 3 - Ord. No. 73-95 . ' I ~ <-"t:: 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 , ' I 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. 110 . ' . 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 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 . , . 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 . , 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. , ' 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 , 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 , ' 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. , ' . . M E M 0 RAN 0 U M TO: MAYOR AND CITY COMMISSIONERS " 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~ (~t5J ~~ "" t.fJt? ~ ~) ref:agmemo20 . . ~ --- "-'--'---". ..._~-- ..- '..~ - ____~._.._ _~......._... _.__._,__~ ....~__._____,..~.__._~____,___~_".--__.__._.__~.. ",_ _.~_'M_~ ____._.~._______.__,.C..__...p'.~ .~__. '. -.-... -~---~_._---_. ---- -_._- ii " 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. , . _.._.~"--""-"" - - ..--,..-'~-",,-,,""~"" . _.--~ -'--' - -........---...,...---...-. -- , -.-.-....-..- .<~-~----,..------..._..... ~,~--..,_. ..._-,_.__._",.__._----_--..._-~-_.~-, ,~--_._.- -'-.." ....__._---......__.,~..., ...-.... -- --- ----r ! I (d) The in-lieu fee may be paid at one time or in , I 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 I 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 i Section 4. That this ordinance shall become effective I immediately upon passage on second and final reading. I i PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of December , 1995. ~~ ATTEST: (}ItMnYlJ;~Jij~ Jh.t* City lerk First Reading November 21, 1995 Second Reading December 5, 1995 t - 2 - Ord. No. 74-95 , ' ~l.-'C 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 , . .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 , ' . 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. . 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 , 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. , I 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 . I ---~. ,---_.~-,. -..~_.~ -"-" , - _",._u_.. '_c _. ..._~._~_." ~'_"'_~_'_'_~'___"_ _._'.._..-..._-_.._-_._~.-,~.., ~.-..._-y-~-~.,,-,", -.- -- . ,~~-_..._---,._---, -. ---.- ,'~ '~-'... --1 I 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 , \ , 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 I , , , , , I -. '~'''-'''''''.'-'~ ' ~-..-...'_'.-._'_.._-,.." ---.-.... ""-'.- _._-.....~, ~.".. _....-._-~.~-~----------,_. -~,~,-,._-"- ~,".'~' - - -.,..... ~..... . ~--I I 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 I 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 , . t -,..,- . ~- --- ~---. .' ~, _.. -.-.<- . ",~"" ._-..- ..' -'.~- .,,-~-,,-_... .""'-'___,__0-'__'_-.' ,'_ _..__. "I 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 , . I ....'~~ . -..--.- ",-. .A..._...... .. .......-...-..--, ~.._.-- __._ _"___H_~__"__" _._...._.__~- '_...._. _., ""__~""".rD"__"""_'__~__~ -._,._~_,..,_~_.,~.__.. .'U_..~. ___ _.. ._.~.._-,'..- q ". '. -1 ! 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 I 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 , . , ....- "_.~,_."' .., .----, I I PASSED AND ADOPTED in regular session on second and final I reading on this the 5th day of December 1995. I , ~~ I I I ATTEST: I ()k/Y1n'f?J1/',Ji/;~ 1In<4z i I City lerk I i First Reading November 21, 1995 I Second Reading December 5, 1995 I I I I i I I I ! i , ! i - 5 - Ord. No. 75-95 , ' . tz ~ /lOl( OjD] ~ - ~ I ~ ~ ~i i ~ ~---____~_____ RI I I! I ~ en It 8.. 1111l"'....... ~ ~ 1:::11 1 ....... t~.. Hl 1411< A H.W. L-.J 1~ T C) C) -, -"i : I A . (') (') > ,~~ I - S' S' ? i .:~ I! #' ,0 - ;G ;G > 'h rf! 1;JII< .:: I~~:' ~ " i: ~ Z ~, 11'1 "lG~~" f- I -I ..... -0 )> _ ".c; _'~..' - ~ (') i:i,.. _ ~ ~ I > ~! It:: II []Bj] 0)- ...... . m< m i l:l CI) ...... ~ ~ -0 ::JJ Z ......1.", c::::J..r ~"1 A -y~ ;G ;G C ~ I . :: ! ~ ~ 7- i: ~ m *= = : :: ~ ::JJ - I :::. o )> ::0 ::: ~ .. ~ ~ ~ 1 tE I. ....~ Fl~i · "~, I I Z ~ J~ ... t:j !! , Z ~ r- I... IlM ..:~ - = ~ Q S ~ L-::.' en .., ,...4- ::: )- . .. I * ~ . ... L- - Iii , (')C) ~p . .. . ! U - I=- L '- ! -i-- _ -f-- _;:::~ - --' '- 1_ O 15.'-;;:- II< . .. .. .". t-- 11<'" o : - ~ AIot. UJ I "1 - .. <I c;:~~ = d ~ I - .. I ~ ,-g / n =rr iIT s.~ 5TH c; H.". A I I r'" ..~ ~ =: ----<;; .::: '~'"\ '1;;::, . = . W- -~II, Hr I :;=== ~ T I - " I = = -II ~ '- ~ == _ i~. "E ~ _ ~ _ _ Z ... -=- ~ =' ::0 ''',... !I!!! ~~ ~ !:;;t ~:..." C") ~~ ~ I I nu t~ " · (5fTl .. .....J. --J o '-' . ...... I ; N ~ _ 2 I A~ II H" >0 - :0 ~ "tl ~ - -r: ~=: is z - _ ,. ~.. C') ~ -+ ... bU.L - - I I I I I II '[of '- - ~I.) IilTT" WINTON · AV''I>''NUE :i ~ ~ _FJ I .~ 1:1) i=mJID : J ~ : J,l ~ B~ DIDJJ~ i~g : OILllil :I! : .l.::::=l 111 I I I 1 I I 11::::::1 -FlI j'" I r- I II I r~11 v. I -j I I TIT T..,F=l II L I I I I I I I' I II II/II/II . , {/( t"v" 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. lltll~~~ll!l~!i~ii!ii:li!!!~~!!!:!!!!!!~:~:!:!!!i!i!!!!!:!i!li!!i!l!il!i!11[11!!!i!!!!!I!!I!!!!I~!!li!li!!!1!1!IIIB~II!illllllllli!!ii:ii!!!!!i!!~~!I!!!!!~I!!:iiliflifili!!!!!!~!!!!t!!I!i!I~!I!!!I!I!II!!II!I!!!i!!~:1ir/I.!I!!ii!!!i:!!I!!!lli:i!~i!!:!!iilil!! 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. :'.;i~iI11111111~111~111.111.1:I.I~i111.1111111111111111111~11~1111111I11'_lll~IIIIIIIIIIIIl::~ '.;:~., ::j1mTll1lilliltit~1 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. ~1111jl:l~jlli~l.jll.il\\\\::I\:j[j[i:~j\:ljj\i:;:jii\lj:lili\\\I~::i[::\\[:[ii:111[i[jII11l.\:::lii[I[\:illli:111:ljli\i:jiljll::\!llllllIltlllllllilllllij:jll[:\llljljlljlj:~jlllllll:I\I~\jl~IIIII~:jllll~~I':Il.jllll.ll:j[jlllll:llliljllllll:[\l.I[l;;jj[ji~iljlllil 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. lirllil~lllii~II'\lllj~II[II~lljllj:11111:~::[II:l:li:::II:I~I~:I::IIIIII::I[:III:1111:11111Irj1111111':111111I111:lliJ]II:;1:1:1:[:::i~IIII::lii&::::1111:11111:11llllilr~lijillllllljliI1:i1i1:11[lil[1111111111ill:11:Ilrij11i::lli~~; 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 , ' tz ~ /tOR ~~[E ~ ~ I 8!il~ ~------------- B. ~8 II~ ~1=--1 l !~ 'Vi ,.IH A . ..... H.". L-.J,. A . t "'~ I '- ~ '- I a ~o =;::: "'-....' - ~ ~ I ~~ S.W. 1J1)1 H. w. 02 .~ Iy - -0 · ~ I r----rnrn;. ~10~ I.. . ~ =r .. .l..--JIIIID '",.11 ~ ~ I>~ 1- i ~ ~~ ~ >Ul .... . rt ~ ~; t:= H.W. l:l 1 . . 0 f-- ~ ~ ~ ~ T i J ,...- $.W; .111 A - >-- ~ ~ I ~~ ! IIiIii -l- ~~.li-- I I ~ -~ i 2~. lH :3 I --.;=11 L- f-- :=t:' - f-- -. - r- ~~ ~- ~ ~ I ~ = ~I ~ bJl ~ - I ~ ; ~ n Rf1T ~ $. w. 6111 AIlE. c: H.W. A . ~ ---1 '" ~ gO I ~ 11 i: - -~~ '\ l;;::j == ~ ~ \ ll- TI T ~ '\. ~rl ~~ T ~ n:: ~ '" '\ L ~ 4111 LII 1.E 11 -' 1 -r- A~ = l= l; ~ I -f- H = ~~ ~ =? u - f- i~ ~ - -~ .-- _ z ~ ,." 'w.-- ~ ~ ~ : g22~ g~ · I h. ." ~ ~~ .... 14~~i! ~~ ('):1 --i n ~ " -I N ~ 2 A~ I. 3::0. I-- - II I--. · )> ~ ~ - I li ~g ~2 -oz I-- - ....;;: z... C) 1--_ r ~ ~ ~ ~ i II I = ~ ~O 11"- TO~N _~. A~~NUE BE "'<,, . ~ . .l.-.. 8'2/1 II g i'> ~ []]]] ~~o ~~ ;:: ';u - ~ N. AvE :5 : + ==1 I I I I I I I I II==l F=I I I I I ,.. II III : I I I I I I I r [Jf I i I I I I I I I I I I I I I I I , . tz , ~ /tOT( - ~ . ~i [ElI[ ~~ ~ i!1 II Cl I;: []'%"-~-----------~ B II ~ t ~N ff!Fi,.lH H.W. 1:=l ~ ~ ;; ;iJ ~ ~ A. _ .. -t ! ..,; ~ I Is-' ,0. - ~ ~ > f il ~ . I3lH .: :1~ ~~ k .. i: ~ Z ~ ! I~ "IGI~~" t--o > ::! .Go.cl ,o.~... I- 0 o IE r,&' ~ ITn 1)10 ~ ! ~ DHE 0<<')... Ed . ~ ~ t ~ -o~ Z .....5... 1 - kw. 1 A ~ ~ ~ ffi i~ t' = ! :n I~~ ~ 1- - I ... ~ · o )> ::u : ;; : I Il ...... G') 0' m ~s.w. :'::..A~ -4 ~ W. e') N . ::: ~- · ~ 0 ~ ::. ~ Z ... , z i D __ s.w. IIN . :~ _ f- ~ (i) ~ ~-- ~~ en -- J . ... ~ I- .. ~ s.;;- ,: ::: I- I- II ! -=""1. ~ __ I . .. I III f--i ~ T - I I .. ~ 1-----' - Ilt- I-- I--' f-- --:-..",-J . .. . f-- ~ - ~ I 'T"15~ TH ... > I .W. ~ - lH A~. en ~: = . ... < ::I v 11 = ;;d III - I I::: ~ ~ ./ n =1 IT s. W. ITN c: H.W. A = -1 :: PI 1!: ~~ r I IT ~- ~. - -l 1 ~ _ ~!::;: ---1 ~ _ i... L.IoI _ ""0:;:::- !; = = ;:0 w. == 00 I I r ~ ~ ~ ~ ~.. I ~@i~ ii . :. "'r1 (') ~8 .. I I 1Cl~:<:l ~a ('). -i II T -I ~ 2 A~ ." H w. i:N 1--_ >0 I-- -~ "'Q ~ ""O~ [...~:< ig ~ I - ..e~ ~ .. m -j -I II 'rJ" I I ~ - ~~ : i :J I~ ~ W N T O~N "'_~- -/ ~!, I A 1) N U E tiE I I I~ g :. !" rTTTTTl ~~" .:lIl i! ! i~ ~ _& WJ..l.U j I I :~ :: -H=1 I I I I I I i I 11==Il=l H.L1 I 1'"' I I , I A~III : I c... I I I I I I I r L-.JI I I IT' f I I I I I I I I I I I I I I I I , ' I . . 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. f~ Std / wdiJ ~ d;;xdJ } ref:agmemo14 ~ <J- 'f1b7. ~ ~ , I . -.~. .... _.--.. ,.~ ,--"....-,-.'-~,_.. _"."_._,",..~....., ".4._..._._, . ....--,. ...._.... ..._.._..~......- ,..,~.- ._-, .__.~"...._-~_._"-------~--~. '. '-"-"~ ,--- " ..,'.-_....._.._..~ i ORDINANCE NO. 80-95 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, I I "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: , I I ---- . "...-- - -'"._'~ ..'---'"-~.,,~~'~...~. ....._,..~, ...~..,. --.. .,._._._~..~ -..-- --~-- -_._~_. --.-..-- '--'.- _.0--- ..._..... 0- _ ~ , . ,_.. . _ . .....-.- --..-- '--"'---"--"'- -- .~--- -- _. I I 1..ll Recreational facilities attendant to a multi-family i residential development. such as tennis courts. swimming pools. I i exercise area. and meeting rooms. I I 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: I ( 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 , . "-'---".~-'-..,.~_'_-- . - --. . --..... _. ---""-"-"-'-"',~,,-- - --'--'--"- -~~.~- ._-"'..._------_._---~-- ~_.- --..--.-... . -. .... ...----1 i I (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 I I .ill The maximum density for residential dwelling units I in that portion of the Central Business District (CBD) within the I I Coastal High Hazard Area. which lies east of N. E. 7th Avenue. is 12 I \ units per acre. The maximum density for residential dwellinq units in I the remainder of the CBD is 30 units per acre. I I I .1.il Minimum floor for multi-family residential I area I I dwelling units shall be as established for the Medium Density I I Residential (RM) zoning district in Section 4.3.4(K). I i l.ll Free-standing structures. containing only I I 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. f/Jf:fi1?- ATTEST: () h Nm'hJlf;/f{i2/ltWy I ! First Reading November 21, 1995 Second Reading December 5, 1995 - 3 - Ord. No. 80-95 , . ,,-/ / ~ \ (1) '\ 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. /c9.L. , . 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 , 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. , . 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. , , < 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. , ' . ' 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 , I . . 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. f~ 5-0 ref:agmemo13 . , .! .:. . . ( , I . I - : ! i .- 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: I . : -, i ~ 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 . .1 ( ) / . . 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 . I . . -~ ---- -~---- ----------- - - '. ~ . --- -~ -- _. .. -- 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 , I ,~ I 1-- I I I I I I I -r ~ -1 ~ ~ . - .. I.LTIA ST.,.- --. ~ - - M I C - .l ~ g D >- 0 . :z '''I -:z \ ~. C 8 , __ ::::...-. J I vi :r l&. .. s.w. 1.11H CT. J L ...... ~ ~ 'lr I" '''--, c :"'I - ti 1:1 /....,J, 7 - - .J - ~':l -~ ; ~~ ~ .... :2 j", ... ~ Ii'-- r) I.L ~ --., S.W. 14 ST '" ~> ~ I \ I \\.ENE CT..:- < 'I ~ U r . PC - DRi~ .~ 1ft\1.... I r; CA"".'N' JIfY7._'JJI - u ( C I f( ~I I I J ~ L- LINTON BOULEVARD" l \ ~ ~J. ~ 1 t 7~n~ ( II (I J 10 ~ ~ Oc J ~fi!Jr / I ( f!/~ RM ~-- ~ 0 ~ ? C) 0 -~.. Il~D ~I ~U~ U'l ~ ~O~ ( 1\" 0 ~~~~~"'l'\ L I 1\ ~ ~ ( ~r-- ~ ( ,,< ~ poe A~~: N - LINTON-CONGRESS SERVICE STATION P\.AHN1HC OEPART\lENT OTT aT OElAAT BEAOi. n. -- DICITAl. BASe MAP SYSTeM -- , ~.~ L) [11-' . 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. UNTON SOUAR~ PLAZA WAUACE FORD ~ VI VI w ARBORS omcc It: PARK C) c:::::::> C> Z 0 u 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. , ' I:i:~::::jji!:j:j:i~i:i::i::i::::~:i::.:j.::::ji:::i:::!i!~i:::ii:ii:::::'.:::i::ii:~::~::::::ii~.::::::::i'1:::m:.~::M'::::::::,!,::~':I:::m:::B::::~::'::::i:im:::m:::@i::::::!:il!i:D;:j:I:!il;i:igj:::!::i;::i:::::::jj::i::::::i:::::::::::::::iii::i;!::::i::i::i:::::::j:::::::::i:::::i::::::::::::i::.., 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 ~ ~ ~ ~ a: ; ~ ~ ~ ~ I - S.W. 8TH CT. I ) I s.w. ~ - ...ITTTTTTTTI;! y . - ~~~ i! I -- ~ - rnmmrro DIIJJJIillI]. ':'" f- S.W. 9TH ST.. ~ 0'- OSR . ~-I~ - :-*- EEHffi~ 1.1. ~ s.w. 9TH ' ~ f-- . :t~ tt ~ ~ . . . III ~ ~ - ~ . S W ,n"TH ST. ., illllllITill ~ ~-I .- L . :; g ~ ~ ~- L ~ ::1_ ~ CF CF :: t; - V LR. -A~' ~ I I -s:-w. 11TH REIGtE AVE. " l~ r X M : ~ ~ : R ~ III STERUNG AVE. -1 RM I ~Q.ASS A""",!-l := ; ..... ~ SOUTHRIOGE poe i -\ ,- - . - 11111 I ~~. 1 I ESSl ST. o~- ~ ~ - A ~'i)(;j, "\ ELLA ST. ~ <F . I>: 17L' ~ &'.r# ., j! RM I I~~ o~ Cl. r--f'" 1 r- y'\.x " ~Cl.c I n N PINE GROVE ELEMENTARY SCHOOL - PlANN'NC OEPARTloAENT R E Z 0 N I N G ory or ll(lRAY BEACH, Fl - - OICITAl. BASC IolAP SYS TCU -- Cf 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. . I I I I I _ ~ Df1.RA Y BEACH 1\\\ IIII I II 11111\111 III Q ~ f-- I-~ - f- - COIETERY ~.. EBffiHffiE'1M II f- -r- I-f-- -f- -:E8ffiHffiEJi ~ ._ II · 01 ~ ~ r- _"--......1-- -"-- s.w. 10TH ST. ~ ~ L mITWlI : ~~~~~:_ .~ ( ~io( __<C__~_ -- - ~ <C -- i -- - ~ ..-- - -- - / 1- - - I -- - ROYA' I DAJ lID D!-J' s... 111M ROCU: -AVE: v1' I-- ~ FALL RIDGE r I I I I I I 111111 i- I!J T . Ii ; OF DElRA Y II II I I I III1I II J ...... Ii" THE I 01 SlE~ A ~) TllA 0Rl~ iLJ ~ . GRO\of:S I II I I I II II I I I I l- F.I I I I I I I I I I 1.11 ~~ -- . .< 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). , '. 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 .~:[.L.".:::':;:~}r("':::::';.:':';:.::.:lgmgRN;"t-.Nlgi~~-mmN$;'.:i:j;:,~,'~"\I':"'::::i::[::::::::'~':~:::::::::::.:::[:~:'.:~.::I...::;~:::::'~~:::.[:!'.;:::::[i' 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. ~~~iUtll~~~f~1iliijjli~i~~~11:~~~:~1:~:f~~j~:~~~:~f~:f~:~1~~tl)~j:~lj~jlji;:~:llll.fi~III!UII;lllltI8~i:I~~~~~~m~~]i.E ';:.' .,. .i~lli~1~fff1j 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 , · I /_ ,?,Ny" \fr~ 1'\ <;r , .. _ " _ , ~.. T -. ~ ,-..'--- -.. ---.:-..- -.--.------...... . ~ --.. ( -- - - '..--.------., r<---~~..'__ "! (-: I[ '_,1 Ii, 0 ii, ,l..", -----'=== 1_, I . : " '---'-"~'II~ I ,~ i " '" r------I ' I , , 'j ,,'r'l' r "/:, ' 'f U', -, ~ \ "_ I ' . !)! "/ rr-2 ., : ~ ~' ~ ' I " / i: ' r- " , , '--...._- I '. "'.., I' , 'I " , ------ I '", J., :/ J 1 r, ,I i , i ------------..,' . 1'/ '" I ",--LI ' I ' '. I ~ .. I ~ ,! i ' : ! 1" , c.. '. J I . . E i) ~ LJ ' "J" s:- ' " '. " " ~ ~ 'i i ': .' ','d.'~ ' . , '. 41 . '." , . , I '. '. .... " I . " . ~ <1 ~. ", . ",.111[0 r '.' ..,' 'I .r-1 ' . "ill . , _ o "-' . .... ,... . . ~ ; /' ,. --~_.. ---, c>,l'-'-.-.r-.:~~tr]:' ~:::[['n'~D "., J ~ i'" ---j-- A ,1 ill '-J " . ., I ' , ',"-.- _ ;:::] I ' ~ ! ._-. . . ~ ~. I, _::. I' ~ , ! '. ~ mil // /, i:-- \Cl Pi I' " I.:( . '= .>.' I " '. . I , I ""'. I'" . t~'~\\\\~.\ ~l,\\\\ \ \ \\'\\\\ \\IL\m.~, 'f' r '. " j 1 ~ f ~ ~ I . .. .::v.c r- .-/ ,- , I {1( tOv1j 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 /~ . (!, . , I~.- , J l _. _.- . . 4 ... i . "'"/ -- 1- - 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___ ___ ___ ____ ------ ;. t.- -- \ ( .... .) ! -- '..- .. 0 .. ._. - - * 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 , . ~. ._.' . - OJ.. \ I ' , .4 ___ .. - .....-. . t ._, __ ."_ __ ,~ j _ _ u,__'-~_ " __.___._ f . -, '" " f . ! . ' \ , -', (2) Relief: ~;Jt;,//,t~~//t~;//,t~yt.t~~_//~'//t~t. .;~t;i:~~ /.JlijiJJ /~~JY /JIS; /itji~t;~ /tJlit~}4i)1 /tJli; /,!ji;i:y;t /,t~~;.. / n~;~t;i:~Ji ~/_171~Jl'/;~~;;t/t)1jit/t~;/~~Jy/~~~y/_}4t)i~tt~;~/t~/it_~t/_/'!_ty;t/'t~~ -. 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 . I - .' 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. , . . - 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. , .. -. . 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 ., . , 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. I 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. -2- , I 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. -3 - , . . . 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. -4- , 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 , THE PALM BEACH POST TUESDAY, DECEMBER 5, 1995 :. Successful magnets show .' .' .' these programs can work .. . .. 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 ,